gary

dyer from the austin baptist
church.

Please rise.

>> May we pray?

Oh go our father we come
today with praise and
gratitude to you for your
goodness as well as your
greatness, for your mercy as
well as your might.

We thank you for the
privilege and the bless of
living in a great nation and
a great state and certainly
a great, great city.

Father even though it a
great city we know there are
bill challenges that face
any city of any significance
today.

We know that makes the
matters before this council
and this mayor weighty and
important and vital.

So we pray that you will
give them the ability to go
with wisdom and give some
great insight into the right
choices, that they would go
beyond that which is popular
to that which is proper, and
that they would be guided by
you in all that they think
and do and decide and
discuss.

We thank you for their
commitment knowing that they
are faced with many
challenges and many would
think they could do a better
job who aren't in it, and
that's just the way it goes.

But we know that you've
guided them to this place,
you've given them a burden
for the city.

And we pray that today as
they act they would know
your leadership and our city
would be better for not just
the days to come, but
generations to come as a
result of the choices they
make and the actions they
take.

We ask this for your honor,
amen.

>> Mayor Leffingwell:
Amen.

Thank you, pastor.

Please be seated.

[10:10:00]

A quorum is present so I'll
call this meeting of the
austin city council to order
ON THURSDAY, AUGUST 23rd,
2012 At 10:10 a.m.

We're meeting in the council
chambers, austin city hall,
301 west streaked, austin,
texas.

We'll go to the changes and
corrections first for
today's agenda.

On item number 1, strike 18
after special called
meetings of august 17th,
etcetera, strike 18.

That is not included.

Item number 26 is withdrawn.

Item number 28 is withdrawn.

Item number 30 is postponed
until september 27th, 2012.

Items 34, 35 and 36 and 41
and 40 pulled out of order
there.

34, 35, 36, 40 And 41 add
recommended by the electric
utility commission.

Item 43 is withdrawn.

Item 46 add recommended by
the water and wastewater
commission and the electric
utility commission.

Item 48 add postponed
until -- it will be
postponed until
september 27th, 2012.

On item number 69 add as a
second co-sponsor
councilmember martinez.

On item 71 add as a second
co-sponsor mayor pro tem
cole.

On item 75 add sponsors
councilmember riley,
councilmember martinez and
councilmember cole.

Item number 80 is postponed

[10:12:01]

until october 8th, 2012.

Time certain items for today
at 12 noon we'll have
general citizens
communication.

we'll have a
discussion and possible
action on bond sales.

or after is a
time certain for recessing
the council meeting and
convening the mueller local
government corporation
meeting.

And on the title page to
that add as a change, add
william spelman as a
director.

And under the officers
heading add kevin johns and
delete rodney gonzalez.

or after we'll
take up our zoning matters.

At 4:00 our public hearings.

30 live music and
proclamations.

And the musician for today
is the sons of orpheus.

It may be one musician.

The consent agenda for today
is items 1 through 78, and
item number 60, which will
remain on the agenda, I will
read into the record.

And there will be other
items which I will go
through in a minute that
will be pulled from the
consent agenda.

Another lengthy list of
appointments.

Or nominations I should say.

To the african-american
resource advisory
chiquita
eugene nominated by
councilmember martinez.

To the animal advisory
commission, david lund
stead.

By councilmember martinez,
howard katz.

Mayor pro tem to the austin
airport advisory commission,
steven hart, councilmember
martinez.

To the austin mayor's
committee for people with

[10:14:04]

disabilities, kathy
kasprisin, councilmember
martinez.

To the austin music
commission, richard garza,
councilmember martinez.

To the bond oversight
committee, councilmember
martinez.

Building and fire code board
of appeals, james sullivan
by councilmember martinez.

Building and standards
commission, stacy helpowitz
by may.

To the commission on
immigrant affairs, thomas
esparza, councilmember
martinez.

To the community development
commission, margaret
(indiscernible),
representative of colony
park by councilmember
martinez.

Sandy mcmillan,
representative of south
austin by mayor pro tem cole
and terri shepherdson,
councilmember martinez.

To the design commission,
juan cotera senior,
councilmember martinez.

To the downtown community
court advisory committee,
bruce smells, councilmember
martinez.

Early childhood council,
john kyle holder,
councilmember martinez.

Electric board, richard
schmidt, councilmember
martinez.

Electric utility commission,
boerne personfield,
companies.

Environmental board, marissa
(indiscernible),
councilmember martinez.

Ethics review commission,
dennis bates, councilmember
martinez.

Historic landmark
commission, john row so the
tow, councilmember martinez.

And andrea roberts,
councilmember spelman.

To the impact fee advisory
committee, rick conway,
councilmember martinez.

And hank kidwell, mayor
leffingwell.

Library commission, ben
armeas, councilmember
martinez.

, westbound and
small business enterprise
procurement program advisory
committee, ed low enburg,
councilmember martinez.

[10:16:00]

Mechanical plumbing and
solar board, steven cox,
councilmember martinez.

To the mexican-american
cultural center advisory
board, sylvia roscoe,
councilmember martinez.

Parks and recreation board,
susana almanza,
councilmember martinez.

Residential design and
compatibility commission,
lucy katz, councilmember
martinez.

Resource management
harry crush
sha, councilmember martinez.

To the rma plan
implementation advisory
commission, carol drennan,
councilmember spelman.

And james dwyer,
councilmember martinez.

To the parks board
(indiscernible), urban
forestry board
(indiscernible),
councilmember martinez.

To the urban renewal board,
andrew bucknal, gary smith
all nominated by mayor
leffingwell.

Water and wastewater
commission dale grave by
councilmember martinez.

Waterfront planning advisory
board, brooke bailey,
councilmember martinez.

Several waivers for today.

Approve a waiver of the
residency requirements of
the city code for steven
hart's service on the austin
airport advisory commission.

And fool charles cotman
service on the building and
standards commission.

And for cassandra taylor's
service on community
development commission.

And for robert smith on the
electric board.

And also approve a waiver of
the attendance requirement
in section 2126 of the city
code for james kelsey's

[10:18:01]

service on the airport
advisory commission.

The waiver includes absences
from today's date, same
waiver and same language
applies to stacy
(indiscernible) service on
the building and standards
commission.

And for randy walden's
service on the electric
board.

And for sheila holbrook
white's service on the urban
transportation commission.

So those are our
appointments and waivers for
boards and commissions.

And we have several items
that will be pulled off of
the consent agenda.

We'll go through those now.

Again, items 1 through 78
with item 3 pulled by mayor
leffingwell.

Item 18 will be pulled for a
presentation by the law
department.

Item 22 will be pulled to be
heard after executive
session.

Items 32, 46 and 69 pulled
by councilmember morrison.

Items 61, 6263 and 64 pulled
by mayor leffingwell.

These are our evaluation
ordinances.

And item 72 pulled by
councilmember martinez.

Are are there any additions?

>> Martinez: Can you pull
item 21 and can we have some
staff available for a few
questions on 21?

>> Mayor Leffingwell: Item

[10:20:01]

number 21 also pulled by
councilmember martinez.

So we have several speakers
who are signed up to speak
on the consent agenda.

I will pull item num 35.

Add that to the list of
items pulled.

Melinda rodriguez?

Is melinda rodriguez here?

You have to come up to the
podium to speak.

And you have three minutes
to speak on any item on the
consent agenda.

>> I am speaking, my name is
melinda rodriguez.

I'm speaking on agenda
number 49.

This is to approve the
funding or the purchase of
the helicopter for the
austin police department.

I am the president of the
citizens police academy
alumni association and I'm
here representing them as
well.

I have witnessed firsthand
as a volunteer for the
police department how
beneficial having a
helicopter can be.

I am out on fridays and
saturday nights assisting
the police, interpreting for
our citizens.

And so I've witnessed on
multiple occasions how
austin air one is called
out.

I'm privy to listen to the
radio traffic, so on any
given friday or saturday
night, which is the busiest
times, they are called out
three or four times a night
to assist with police
chases, high speed chases,
missing individuals, a
suspect who has fled on

[10:22:02]

foot.

And I cannot express to you
or stress enough how
beneficial this would be.

You really have to think
about what price do you want
to put on someone's life.

If an elderly person is
missing in the woods, who
would they call?

This aircraft that they have
now is a bit older, so it is
money to
maintain this helicopter as
it is.

We need something that's
knewer, something that is a
little bit -- that is not
going to be so costly to the
city.

As a volunteer and as some
of our other members are
volunteers, we have given
countless hours of volunteer
work to the department and
have saved not just the
department, but has saved
the city thousands and
hundreds of thousands of
dollars in the work that we
do.

We don't get paid.

I have a full-time job.

I work 40 to 60 hours a week
and still mange to put in
another -- it's almost like
a part-time job for me to
come help a.p.d.

I ask that you please
consider and vote in favor
of spending this money.

We are doing /the
city/constituent a favor of
saving you money, so in turn
maybe you could potentially
consider using this money
and grant them
this additional -- this aircraft
that is knew irrelevant and
will eventually save you
guys money.

>> Mayor Leffingwell:
Thank you.

I will also pull item number
46 from the consent agenda.

It's already pulled?

Okay.

Paul robbins.

Three minutes to speak on
any item on the consent
agenda.

>> Council, I'm here to
support item 67, which is
the regulation of water

[10:24:00]

wells in the austin area.

I support it, I appreciate
the councilmembers who
thought it up.

I do want to comment if
there are three reasons that
people are drilling wells in
austin.

One is that they are not
limited to two days per week
watering as the rest of the
city.

It is my opinion that you
could justify a requirement
for well users to comply
with this on the rationale
that it encourages
conservation, which is for
the greater good of the
city.

Even though they are not on
the water system, the austin
water utility system.

Second is that austin has
steep tiers for successively
increasing amounts of
consumption.

You could change this and it
would reduce the cost to
high users.

I would not advise it
because the high tiers are
an economic incentive for
the rest of the public to
conserve.

The third reason is that
have you heard?

Austin has the highest water
cost of the top 10 cities in
texas.

This is to you to high debt,
high electric consumption, a
high percentage of money
transferred to the general
fund.

And to a lesser extent
vacant land that the utility
could gain profit from and
they have not sold it.

Or the development rights to
it.

And having some of the
higher water cost in texas,
the utility seems to likely
ignore the predicament.

They come in year after year

[10:26:01]

and expect council to rubber
stamp rate increases, and i
would ask you to start
digging into why the costs
are so high and what might
be done about it.

Thank you.

>> Mayor Leffingwell: If i
could make a comment and
make sure I understand
correctly.

robbins said
this called for the
regulations.

The resolution I'm reading
says requires for
registration to come back on
november first and talk
about a permitting process
that would ensure compliance
with state and local laws.

So it's for registration,
not regulation.

I think we have libby
zacorro.

>> [Inaudible - no mic].

>> Mayor Leffingwell:
Thank you.

69 Is pulled.

Disregard that.

I don't believe 78 has been
pulled.

78, Steve metcalf.

>> Mayor, councilmembers,
steve metcalf.

On item 78 I'm talking about
the estancia hill country
project, which is listed as
one of the items to start
the process for full purpose
annextion.

We started talking to staff
and management about eight
months ago on doing a p.u.d.

And a p.i.d. on this tract.

[10:28:01]

And what we proposed would
be to do limited purpose
annexation so we avoid the
double taxation.

We've been talking to staff
about this for awhile.

I think staff believes that
we can still do the p.i.d.

And have full purpose
annextion and have the two
taxes, and our client
doesn't believe that will
work with the market.

So if this land gets full
purpose annexed, we will not
and
p.i.d. that goes with it.

It would be a standard city
code project where if we do
the mid pud and the mid
we're talking about doing
affordable housing, we're
talking about doing volume
met tick water control or
drainage controls, tree
preservation, all the things
that do with the superiority
that comes with a p.u.d.

So what we are asking is --

>> Mayor Leffingwell:
metcalf, this item is
only to set the public
hearing.

So there will be ample
opportunity to make your
meritorious arguments at the
actual public hearing.

I just wanted to make sure
you knew that.

>> I understand.

So anyway, I just wanted to
get it out there before this
means too far down the
process that we really don't
think it would work to be
full purpose annex and do
that we want to
do and create the project
that we want to create.

So I'm happy to leave it at
that.

I just wanted to get that
out there publicly before
this gets too far down.

>> Mayor Leffingwell:
Thank you.

Councilmember morrison may
have a question for you.

>> Morrison: I don't
really have a question, but
I do have a follow-up
request from staff.

And that is that I hope that
when we get to the hearing
we'll be able to have some
clear options and
evaluations from staff on
the two different
approaches, what the
scenario will be if we have
full purpose annextion, but
then also what the scenario
would be if we do limited
full purpose annextion as
you have been talking about.

[10:30:00]

So I would ask staff to be
prepared for that when we
have our hearing.

>> Mayor Leffingwell:
Councilmember riley.

>> Riley: I would like to
join councilmember morrison
in voicing my interest in
hearing a full explanation
from staff about why we
might be shifting gears with
respect to the annexation
plans.

>> Mayor Leffingwell: Is
there a motion to approve
the consent agenda?

>> Cole: Mayor, I'll make
that motion, but --

>> Mayor Leffingwell:
Mayor pro tem moves to
approve.

There's a second.

Councilmember cole?

>> Cole: I want to echo
the concerns especially in
terms of the property tax
and economic impacts on the
limited purpose annexation
versus the full purpose
annextion.

And providing those
services.

Actually for staff to be
prepared to show us a
competent return on
investment with respect to
those.

All in favor say aye all in
favor of the motion say aye?

Oppose said no.

It passes on a vote of six
to zero with councilmember
spelman off the dais.

And now without objection,
council, we'll go to item
69.

We do have one speaker
signed up.

Councilmember morrison
recognized.

>> Morrison: I would like
to first introduce this
item, mayor.

This is an item to consider
an honorary renaming of
fourth street from congress
to rio grande, to have the
honorary title of bettie
nailer street.

Bettie passed away last
april and when she did we
lost a very special person
in our community.

>> Mayor Leffingwell:
Councilmember morrison, just
a second.

As you leave the chambers,
please hold it down because
we're tipping to do business
here.

Thank you.

>> Morrison: We all know
that bettie was a fierce
advocate for the lbgt

[10:32:00]

community and women's
rights.

She worked tirelessly for
people to stand up to find
their voice.

She had amazing involvement
in so many things over the
decade.

Her early civic involvement
was in women's rights causes
when she helped women
organize and unite against
unfair wages.

She was a founding member of
the human rights campaign, a
founder of the texas and
national women's political
caucus.

She co-founded out youth,
which is a terrific
organization here in town.

She was a leader for
equality texas and for
austin pride fills, which is
a partner of austin habitat
for humanity.

Some of the organizations
that she and her partner,
libby, were involved in, and
helped, were aids services
of austin, project
transition, pro choice
texas, annie's list, atta
circle, capital hear
democratic women's, zach
scott theater and america's
youth works and she was also
a staple around the capitol.

So I think it's entirely
fitting that we honor bettie
this renaming.

We are fortunate enough to
have with us this morning,
libby, bettie's partner, and
I wanted to invite libby up
to make a few comments if
she would like.

>> Mayor Leffingwell:
Welcome.

>> Good morning.

I first off wanted to
especially give thanks to
councilmember spelman and
morrison for bringing this
consent item.

Bettie woke up everyday with
a desire to know and do what
she could for her community.

And it was in no regard to
race, religion, social
standings.

There was no one unworthy of

[10:34:00]

her time and her efforts to
make this a better community
for all of us.

But I think this honor is
especially outstanding for
the lbgt community of
austin, texas, that we have
a council who is progressive
enough to look at this great
honor for this wonderful
woman and who I'm able to
speak for and say she would
be tremendously honored.

And I am honored to live in
austin, texas.

Thank you so much.

>> Mayor Leffingwell:
Thank you.

>> Morrison: This
obviously has a lot of
meaning for a lot of people.

And we received an email
from one -- from several
people supporting this item.

There was one that
particularly spoke to me
because it talked about the
impact that bettie had on
this person's life.

And I just wanted to briefly
read parts of this message
that we received and it was
to all members of the
council and the mayor.

And they say I was so happy
to learn that before you on
thursday's meeting will be
the opportunity to
memorialize a woman who has
done so much for so many
over the course of her
career.

Her efforts for women and
for the lgbt community are a
tribute to her unwaiverring
commitment to equality and
her compassion for others.

There could be no finer
person to pay tribute to
that than bettie.

Her life gave the lgbt
community, of which I am a
member, this person writes,
an example of the type of
way to go about seeking
equality as well as
believing in one's self
regardless of social norms
and the odds you may face.

It would make me so proud to
walk down what is now west
fourth street and see a sign
that reads bettie naylor
street.

So I think that says it
better than pretty much
anybody could.

And before I move approval i

[10:36:00]

do want to recognize and
thank my past staff member
and also councilmember
spelman's office who were
behind getting this through
all the bureaucracy that we
seem to be able to find in
the city of austin.

So the plans are that this
is -- the signs will go up
in september in time for a
celebration and unveiling
and coordination with pride,
which is later in september.

Stay tuned for that.

And we hope also not only to
have libby there with us at
the time and many of
bettie's friends, but also
bettie's children, sharon,
rick and chuck.

So with that, mayor, I move
approval.

>> Mayor Leffingwell:
Councilmember morrison moves
approval, seconded by
councilmember martinez.

Is there any further
discussion?

Congratulations, we've done
this a few times in the last
couple of years to honor
very prominent citizens in
the city of austin with an
honorary street name, which
of course enables people who
use that street or live on
that street to get their
mail and their contacts at
either one of those two
addresses.

So congratulations again and
we appreciate the life of
bettie naylor.

All in favor say aye?

Opposed say no.

It passes on a vote of six
to zero with councilmember
spelman off the dais.

[Applause]
without objection, council,
I'd like to bring up items
61, 62, 63 and 64 together.

These items relate to
compensation for council
appointees, including the
city manager, the city
clerk, the city auditor and
the clerk of the municipal
court.

I think you have in front of

[10:38:05]

you some resolutions for
items 61, 63 and 64, and a
substitute ordinance for
item number 62.

The substitute documents are
yellow sheets, and these
documents contain current
compensation numbers for
each of these appointees and
language adjusting their
compensation beginning at
the first period of the next
fiscal year, which against
OCTOBER 1st.

By way of background, mayor
and council have evaluated
the performance of these
appointees separately during
executive sessions that were
held on june 14th, june 28th
and august 16th of this
year.

The substitute resolutions
and substitute ordinance,
proposed salary adjustments
for these appointees based
on these evaluations.

The substitute resolutions
for the city manager, the
city clerk and the auditor
state that their current
base salaries will be
adjusted at the same time in
the same way and under the
same conditions as any
annual base pay adjustment
for non-civil service
employees throughout the
annual budget process for
the 2012-13 budget.

In other words, those
resolutions do not state
that the city manager, the
city clerk and the auditor
will automatically get an
increase, but if council
approves an increase for the
general non-civil service
workforce in the 2012-2013
budget, then the manager,
the clerk and the auditor
will get the same adjustment
as the non-civil service
workforce beginning at the
same time.

The substitute ordinance
establishing compensation
for the municipal court
clerk will increase the
clerk's annual salary by
five percent from their

[10:40:00]

current level beginning with
the first pay period on the
2012-13 fiscal year which
BEGINS ON SEPTEMBER 23rd.

The reason for the
difference in this treatment
in the municipal court
clerk's compensation is to
bring that salary closer to
the market rate.

The others are already at or
very near the market rates,
but that's for the municipal
court clerk's salary based
on salary reviews, and those
reviews were conducted by
city staff.

All of the other
compensation and benefit
terms for these appointees
remain unchanged from their
present levels.

So I think, mayor pro tem,
as a co-sponsor, would you
make a motion to approve
items 61 through 64 and all
three substitute resolutions
in the substitute ordinance
before you?

>> Cole: Yes, mayor.

I move approval of items 61,
62, 63 and 64 and all of the
substitute motions.

>> Mayor Leffingwell: And
I will second that.

And for the ordinance that
will be on all three
readings.

Is there any discussion?

>> Cole: Yes, mayor, i
would like to make a few
comments.

I think sometimes it's
confusing because we do have
a city manager form of
government, that there
actually be major city
employees who report
directly to us.

And that is the city clerk
and the city manager and the
municipal court and the
auditor.

We have evaluated their
performance in executive
session and found them all
quite satisfactory and are
proposing as the mayor said
a potential may increase
with the annual budget as
that may go for non-civil
service employees.

So I would like to thank
them for their continued
service.

>> Mayor Leffingwell:
Yeah.

And I would just like to say
from my personal
perspective, all of these
employees deserve more, but
as we know we live in a
difficult time and balancing

[10:42:01]

our budget this year as it
has been for the past
several years, has been very
difficult.

So we wanted to do as much
as we possibly could for all
and i
think that's what this
ordinance and these
resolutions reflect.

All in favor say aye?

Opposed say no.

It passes on a vote of six
to zero with councilmember
spelman off the dais.

I need to step off the dais
just for a second, but i
would like to bring up item
18 with a brief presentation
by law and turn it over to
mayor pro tem for just a
second.

>> Good morning, mayor pro
tem, council.

My name is meagan riley and
I represent the law
department.

I'm here today to recommend
settlement in harper park
versus city of austin, which
is a chapter 245 lawsuit
brought by harper park to
clarify its rights for
development.

This week reprovided you
with a memo that provides
additional details about the
case, but as we recently
pointed out, we tried this
lawsuit to a travis county
district court judge where
the city initially prevailed
in district court.

Harper's park appealed it to
the appeals court.

The city brought this before
the supreme court where the
supreme court denied the
appeal and remanded the case
back to the district court
on the sole remaining issues
of attorneys fees and cost.

With that we recommend
supplement of attorneys fees
and costs on the following
we recommend payment
of the attorneys' fees to
the attorneys representing
harper park in the amount of

[10:44:01]

89,500, which represents
both the trial and appellate
costs in this case.

This amount would be paid
out of the city's liability
reserve fund.

In exchange for this
payment, the parties will
seek dismissal of the
remaining portion of the
lawsuit and seek a mutual
release.

We recommend therefore that
the council approve payment
of the settlement of 89,500
to the legal representative
of harper park.

Any questions?

>> Cole: Questions,
colleagues?

Motions?

Councilmember riley.

>> Riley: Move approval of
the settlement as
recommended.

>> Cole: I'll second that.

All in favor say aye?

That passes on a vote of
four in favor, two missing
from the dais, that being
councilmember martinez and
councilmember spelman, and
mayor leffingwell.

Thank you.

The next item I'll call for
speakers is item number 46,
which was actually pulled by
councilmember morrison.

Would you like to make a
comment before the speakers?

>> Morrison: Thank you,
mayor pro tem.

I wonder if we have staff
here that could answer some
questions for us?

Particularly from arr.

Some questions have arisen
about what actually is
included or not included in
this item.

And secondarily or maybe not
secondarily, we do have a
recommendation on this item
from the water and
wastewater commission and
the electric utility
commission, but we don't
have a recommendation one
way or the other from the
zero waste advisory

[10:46:01]

commission.

And I wondered about if we
could get straight exactly
what is included in this
because there were some
questions about the arr
item.

And also what is the process
for taking items to the
commission.

>> Yes.

Bob gettert.

We have a couple of issues
here.

One is that there is
confusion on the posting of
this item.

This item does not include
the rolloff trucks and
chassis and boxes that were
discussed earlier.

And that was pulled from the
agenda item a couple of
weeks ago and not itemized
in this agenda item.

So that will come to council
at a later date and be fully
discussed at swac.

That has not been discussed
in full.

So we will be moving that in
a separate tracking for
truck purchases.

The vehicles that are
currently on the listing for
posting today was discussed
at swac last may or june in
the budget process for the
adoption of this year's
budget.

And there was a slide we
talked about trucks, this is
the follow-up purchase for
what was adopted in last
year's budget.

>> Morrison: Okay, great.

I know we have some
speakers, so I would be
happy to defer to them.

>> Mayor Leffingwell: We
have speakers?

And the first speaker is
michael whelan.

>> Michael whelan on behalf
of tds.

I think he summarize it had
when he said there's been
confusion for this item.

What happened was there was
a request to purchase a
bunch of rolloff equipment
in july and then
unilaterally was pulled off
and wasn't listed in the
august 8th director's
report.

All the other equipment
purchases were listed in the
directors report for swac,

[10:48:01]

but these items were not
listed.

Each though the items had
been discussed at swac.

So I think the confusion
primarily comes from fact
that they weren't listed.

They showed up.

And yes, there was a last
minute flurry in the last 24
hours when we realized that
there was this confusion
because there were emails
from purchasing about bunch
of other equipment.

And it is unclear to us
primarily when you brooke at
the agenda item, whether the
chassis, which can be used
for rolloff equipment, will
or will not be used for
rolloff equipment.

I think that's the type of
clarity that can quickly be
handled at swac and should
have been handled at swac.

I also think there's no
reason to rush.

If we just breathe for 30
days, send it back to swac,
we can let the other haulers
who are in this business a
broader hauler involvement i
think is appropriate for
something like this.

So I don't think there's any
reason to rush something
when we know that there is,
as has been acknowledged,
some confusion on the item.

So I think all we would like
is for this to go back to
swac.

Just the austin resource
recovery items, all the
other items for them if they
would like to have that
discussion and to get
broader hauler involvement
on the item.

We're not in the rolloff --
that isn't our contract.

That's an allied waste
contract, but I think they
too may have an opinion
about the chassis that are
being built -- that are
being purchased.

So again, if there's any
questions, I'm happy to
them, but I think there's no
reason to delay the other
items, but for these items
at austin resource recovery
is seeking they weren't
listed on the august 8th
report as were all the other
items that were being
purchased today by the
department, and there's no
reason to simply postpone
that for 30 days.

>> Mayor Leffingwell:
Questions for you from
councilmember morrison.

>> Morrison: Are you
suggesting taking all of the
arr items off the list or
just the chassis?

[10:50:01]

>> Well, I think if you look
at the items, there's no
reason why these items can't
be taken off at this point.

I don't think there's any
urgency with some of these
items that are listed, any
health, safety reason for a
30-day delay to have swac
look at them, have them
listed on director's report
and if there's somebody that
wants to weigh in from the
broader hauler community
they can once they're there.

>> Morrison: I'll talk to
staff about planning issues,
but my question is are there
particular items on this
list that did not show up on
the report previously?

>> I don't think any of the
items under the austin
resource recover diablo
department list that were on
the report august eighth and
the chassis are the chassis
that -- I think that's a run
crank carrier refuse chassis
and two dump truck chassis
would be champs that are not
on and they can be converted
for different purposes.

>> And those are the ones
that are of particular
concern.

>> Correct.

>> Morrison: Thank you.

>> Mayor Leffingwell:
Bryan hobbs.

No comments?

waylan, you don't need
any more time, I assume?

I guess I have a question
for the director.

So it's my understanding
what I'm hearing is it would
be normal to post these, run
them by the -- I believe
it's now called zwac
commission for
recommendation.

>> I am open to new
processes.

Our past practice has been
to summize vehicles for --
itemize vehicles for
purchases in the
powerpoints.

I usually give two or three
budgetary discussions with

[10:52:01]

zwac in the budget process,
and that includes the
trucks.

We don't normally go back to
zwac with truck purchases
when they are ready for the
purchase because they've
been adopted within the
budget.

We can change our process
at -- I'm completely open to
that process.

We have identified the
vehicles that are currently
on this list as replacement
vehicles.

The chassis that were in
question are chassis for the
replacement vehicles and
bodies that are listed here.

None of these are abnormal
purchases.

The only abnormal purchase
has been taken off, and that
is the roll you've
containers.

And trucks.

Rolloff containers and
trucks.

>> Mayor Leffingwell: Is
there any hardship in going
back to the zwac for this
group of items?

>> There's no hardship on
these items to go back and
delay and go through that
process.

That would be okay with me.

My concern is that this is a
multidepartment item and i
don't want to affect the
items from the other
departments.

>> Mayor Leffingwell:
Well, I guess it would be
possible to focus only on
you, just pick on you and
not on the others.

Thank you.

>> Morrison: Mayor?

I would like to make a
motion that we approve this
item with an amendment that
we remove the equipment
that's listed under austin
resource recovery and ask
that staff make those -- i
call it zwac.

You know what we're talking
about, bob.

And return and do time.

And I wonder if there's an
issue, other things would
have to be amended besides
just the motion to approve
with the removal of the arr
item.

>> We understand the

[10:54:01]

directive would be to --
that council would be
approving all items with
deletion of the items from
solid waste from the zwac
that would be approved by
swac, which is still the
solid waste advisory
commission, for arr.

>> Mayor Leffingwell:
You're behind that one too.

It's zwac.

>> My apologies.

And we'll work with the city
clerk and get the exact
total to match that total.

>> Morrison: Great.

That's my motion.

>> Mayor Leffingwell:
Motion by councilmember
morrison.

>> Cole: I'll second that.

>> Mayor Leffingwell:
Seconded by the mayor pro
tem.

Further discussion?

All in favor say aye?

Opposed say no.

That passes on a vote of six
to zero with councilmember
spelman off the dais.

We'll go to item number
three.

No citizens signed up to
speak.

I pulled this item off just
for further discussion if
need be.

I made some remarks the day
before yesterday in the work
session.

The comment that I wanted to
make was this has to do with
an extraordinary, extra
expense to austin energy,
and suggesting that we go
back out with another r.f.p.

To replace the one that was
turned down sometime ago.

Could somebody from staff
address the practicality of
that suggestion?

>> Buy on johnson,
purchasing.

I'm happy to do that and we
can run through budget or
anything else.

[10:56:00]

From the purchasing
standpoint we have a
contract in place.

That contract currently does
not expire for a period of
time.

So we have it on a
month-to-month basis.

We can certainly go back
with a new solicitation that
would give us whatever scope
is desired.

>> Mayor Leffingwell:
Mayor pro tem?

>> Cole: Byron, I have a
couple of questions to make
sure I understand this item.

And unfortunately I was not
at the work session on
tuesday.

Can you give me the
background?

This seems to be an item
that we sent back that you
had brought forward earlier.

Is that correct?

>> We're going to tag team
this.

>> Cole: I remember there
were some benefits.

>> This, you had an item
that was for the --

>> Mayor Leffingwell:
Could I interrupt for you a
second?

I just remembered mayor pro
tem was not here that work
session, so we can reiterate
that discussion for her.

>> There was an item at
council for a contract
renewal.

There was a proposal for a
budget for the building
services to perform that
work.

We then -- purchasing
brought fourth another
temporary contract to
provide time to be able to
have all that transition
happen.

Then building services
worked with budget for the
budget appropriation and
authority to be able to have
the positions.

And so eric can bring you up
to date on the item.

>> The item that you have
before you today includes
the original scope of work
and facilities that were
considered in march by the
council.

[10:58:00]

It also includes additional
facilities which are under
construction such as the
service control center and
some other facilities that
are under contract for
custodial services that will
expire in the coming years.

So what you see, the 28
positions include the
original facilities that
were considered in march
plus the additional
facilities that will be
coming online.

We provide the total cost
differential estimate, the
3 million over
a five-year period of time.

The cost differential to the
facilities that were
considered in march was
3 million at that
time when that analysis was
done.

But that did not include the
additional facilities.

>> Cole: Okay.

What I'm trying to be clear
about is the additional
cost.

Why is -- are we incurring,
I guess a $682,000 per year
additional cost, is that
right, from --

>> that's correct.

Part of that cost is -- a
large part of that cost, 391
or 392,000.

And that's associated with
new facilities that were not
considered in the analysis
in march.

And that includes roughly
200,000 square foot service
control center which is
under construction or being
remodeled and will come
online in november/december.

That was not part of the
original contract proposal
and it wasn't compared to
contractor costs at that
time in march.

These are additional
facilities and we're making
the assumption that we will
bring all the facilities
in-house to building
services for custodial
services.

What you see before you is
that additional cost.

>> Let me make sure i
understand it.

When you say additional
facilities are you saying
the additional cost is
related to more work that
the services that we bring
in-house that they will be
doing?

>> Correct.

>> Okay.

So it's not a situation of
its inside cost versus
outsourcing.

Or is it both?

>> Well, --

>> Mayor Leffingwell:
Could I interrupt here?

If what you say is correct
and I accept that, then the
backup material is wrong.

What the backup material
says, this cost is 682,000.

It's seven dollars more than
the projected cost if the
services were provided by an
outside source.

>> Cole: Thank you, mayor.

Which is it?

We can't have it both ways.

Go ahead.

>> The costs represented
here, we added the new
facilities that were not
considered in march and we
estimated what the contract
costs would be for private
sector in order to continue
this analysis to include
those facilities.

The additional cost for the
newer facilities included an
additional full time
equivalent, 13 and a half.

And we did a side by side,
which is in the second
chart.

We estimated what private
contractor costs would be
based on the terms of the
contracts that were
considered in march and the
cost differential which
comes out to 92,000 for the
additional facilities and
the additional 13 and a half
's and their
equipment.

>> Cole: So are you saying
if we brought the positions
in we would use fewer
people -- we would use more
people if we -- I'm not
understanding you.

Are you saying that -- I'm
trying to reconcile the idea
that it's cheaper to
actually outsource versus to
do it with in-house
personnel or not.

>> Okay.

The cost differ are rene
marsh shall is primarily
related to the benefits.

The city's costs for those
items is -- as far as we can
tell are higher than it is
for the private contract
that was considered in
march.

>> Cole: One more time
because I want to make sure
that we got it because it's
important to my vote.

Because we're in a budgets
negotiations or time period
where we're analyzing that
and we want to make sure
we're getting the best
return on investment for the
taxpayer dollar and at the
same time trying to be
sensitive to what we can
provide to people that we
actually outsource with.

So when I saw this, that it
would be $682,000 more and
that's per year and the
total additional cost would
3 million, I was
concerned that we were
entering into a contract
that was over three million
dollars that if we
outsourced would be
considerably less.

So tell me if that is a
correct analysis.

>> It is correct based on
this analysis if we
outsource it would be
3 million
cheaper in our estimation.

>> Okay.

Ed, did you want to follow
up with clarity on that?

>> Yes.

I just wanted to -- your
analysis is correct.

That the contract costs
would be less expensive.

If you look at the analysis
we did we broke it out by
line item.

It's labor cost.

The city's labor cost with
benefits would be more
expensive and to run the
various facilities that
eric's been talking about,
$680,000 per year more for
the city to deliver those
services than the contractor
to deliver those services,
primarily due to our high
labor costs.

>> Cole: Okay.

Thank you, ed.

Given the increased cost,
and I certainly appreciate
the full discussion we've
had before about trying to
provide more benefits to
services that are
outsourced, but I will not
be supporting this motion.

>> Mayor Leffingwell: Is
that a motion?

>> Cole: I am not
supporting the motion.

>> Mayor Leffingwell:
There isn't one.

>> Cole: I will not be
supporting it.

>> Mayor Leffingwell: You
are not making a motion?

Councilmember martinez?

>> Martinez: We all hear a
lot and talk a lot about
things like affordability
and ensuring that everyone
in austin has an opportunity
to be successful, to take
care of their families.

We can't control the private
sector.

We can control what we do
with the city of austin.

And yes, it's three million
dollars more over the life
of this time span.

But that means that folks
will have a job with a
decent living wage with
benefits to provide for
their families and to be a
full part of austin.

And so that to me is the
policy issue.

It's not just about do we
save money, do we contract
out.

If that's the case, then
where do we stop?

Do we contract out our
firefighters next?

Do we contract out our
e.m.s. next?

To me this is a decision
about those exact values
that we all talk about and
that we hear about all the
time.

How do we impact peep's
lives in austin?

This is one way, bringing
them in-house, making them
city of austin employees,
providing them with
benefits, and potentially
giving them civil service if
the voters vote for it in
november.

So that to me is a policy
premise as well.

I absolutely appreciate the
financialoncerns.

Those are real concerns as
I'm not ignoring
those.

But for me when we're
continually challenged to
try to figure out ways to
try to help our community,
this is one way that we
truly can.

This is one decision that
will impact -- yes, it's
only 20 something, folks,
but those 20 something folks
need those jobs, we need
those benefits and most
likely they'll be
african-americans and
hispanics.

And most definitely they'll
be lower socioeconomic
status.

So I'm going to be voting
for this item.

>> Mayor Leffingwell: Let
me say that certainly i
appreciate -- did you make a
motion?

Seconded by councilmember
morrison.

I didn't hear the motion.

I just heard you say you
would be voting for it.

So there's a motion with a
second on the table.

Let me just say that we have
many contracts that we
outsource and correct me if
I'm wrong but for all the
contracts is a living wage
that the city requires.

There's some discussion with
benefits, but I think the
main savings that occur is
councilmember martinez of
scale.

On -- is economies of scale.

If we get someone to
contract that is basically
in that business, they can
cover a lot more territory
than us trying to hire
employees to focus on a task
that is isolated.

I appreciate everything you
said, but there are times
when we have to outsource
and there are times when we
have to look closely at the
dollar amounts that could be
saved.

And also we have to look at
the contractors.

Councilmember martinez
mentioned that in many cases
these would be minority
employees and probably may
many cases of owners are
small businesses owned by
minority contractors and
that's a factor too.

So let me just say that in
view of the nag in a 'tude
of this differential what
I'm asking is to go back
and ask
for another proposal and
maybe we can get these
numbers a little bit closer
together, maybe we can't,
but I would at least like to
try.

Councilmember morrison.

>> Morrison: I think
councilmember martinez's
statement was very clearly
laid o the issues.

So all I can say is for me
this is an opportunity for
us as a council to walk the
walk and not just talk the
talk.

>> Mayor Leffingwell:
Further discussion?

Councilmember tovo.

>> Tovo: I'm going to
support the motion for all
the reasons that
councilmember martinez
articulated.

And I just want to add that
I think there are
appropriate times to hire
contract labor when we have
very specialized tasks, when
we need expertise that
doesn't exist in the city.

This is clearly an ongoing
need for permanent custodial
assistance in these
buildings.

And as councilmember
martinez articulated, i
mean, if we were really
looking for ways to contract
labor out, we probably could
find lots of opportunities
to do so.

But I don't think that's the
right way to go about
creating a strong city
government that functions
well for the city of austin
when we have permanent
ongoing needs for staffing
assistance.

Those should be permanent
employees.

So I will be supporting the
motion.

And I do appreciate all the
concerns people have raised.

>> Riley: I have a
question for staff that
relates to this subject.

We actually covered some of
this in the work session,
but if we could go back over
it.

The question as come up to
what extent we can require
certain wage levels in the
course of the procurement
process.

>> If I may, would you like
a legal opinion?

>> Riley: I think there's
a legal answer to that.

When we go to contract can
we say that we as a
condition of a particular
procurement for services
like this, can we say and
the employees must get at
least $11 an hour?

>> Lee crawford, city law
department.

We do have the ability,
councilmember, when we're
letting a contract like this
for services to stipulate a
wage rate for the contractor
who will be performing work
for the city under that
contract.

There is a state law that
gives us the ability to do
that.

>> So we are restricted from
looking at benefits offered
by the employers and what we
heard in work session the
other day.

>> That is correct,
councilmember.

There is an attorney general
opinion that talks about the
kinds of restrictions that
we can put on bid
stipulations and conditions
when we let out contracts
for goods and services.

All of those stipulations
and conditions need to
relate directly to the
quality or count of goods
and services that the city
is purchasing.

And the attorney general has
opined on that statute and
indicates that requiring
health benefits for
employees of a contractor
does not relate directly to
the quality or quantity of
the goods and services,
therefore that is a
condition we are not
permitted to make under
state law.

>> Riley: We can set
conditions with respect to
the amounts to pay and have
we typically done that with
our procurement?

>> I'm not sure how
widespread the provision is,
but it gives us that
authority.

>> Riley: Can you give us
our past practice?

>> Thank you.

Did council have the
directive that as a
resolution that is passed
that it's called the
universally wage.

And we put that in contracts
that have services for those
people that directly work at
our facility.

So if it's a janitorial
contract and they are
working at our facility,
then those wage rates are in
there.

And that is a provision that
it is there.

If that employees works for
the company and they don't
work for just our facility,
they may work on multiple
contracts, maybe they're a
part-time employee and they
work at our facility and
then they work at another
facility for another
business that they have a
contract work, it only
applies to work on our
contract.

>> Riley: So the estimate
that we got on the cost, the
comparison of the cost of
outsourcing versus the
employees in-house, did
that -- did that assessment
started from the presumption
that we would be requiring a
living wage and of course
outsourcing?

>> That is correct.

The bids that we had that
were for -- they do sign
this commitment that they do
have the living wage rate
and that is monitored and it
is something that we do
monitor and watch carefully
and make sure they do
comply.

We make them have employees
sign that they are actually
being paid at that rate.

The difference as the mayor
pro tem said, is the wage
rate that we pay versus the
wage rates that are in the
contracts plus the benefits
and the pension and the
other things that we have
that we use as what's called
the loaded wage rate.

>> Riley: So it's our
sense of for outsourcing
that we do prescribe a rate
structure that the pay rate
then following the living
wage, but the difference is
likely due to the benefits,
which we can't control.

>> Pension, benefits and the
other things that go into
our living wage rate.

>> Riley: Can I just ask
the city manager to provide
a brief update on where we
are with respect to this
holistic assessment about
outsourcing?

I understand -- or maybe buy
on you could provide that
information about where -- i
know there is ongoing work
to look at all of our city
contracts and I just wanted
to see if we could find out
where we are on that.

>> We are working on that
and I can give you a bit of
an update.

I think during the work
session I believe that byron
in conjunction with
gavino are on point
carrying out that analysis.

I'm going to -- ed, do you
want to come forward and
talk about the status as you
did this past tuesday?

>> Sure.

Based on council resolution
staff has started down the
path of doing a contract
insourcing review.

We started off I believe in
the neighborhood of 1800
contracts.

This was obviously a bit
overwhelming.

So we had some discussion
and we provided a memorandum
to the city council
narrowing it down both in
time frame and scope to 54
contracts that are currently
under analysis, things that
would be good canned dots
for insourcing for things
like tree trimming to
custodial services.

Things of an ongoing nature.

We didn't want to look at
things that were very
seasonal where we maybe only
needed the employees for a
few months and had work for
them to do for the rest of
the year.

Weaseled it down -- we
scaled it down a lot and so
contracts that are set to be
expired or set to be renewed
by the end of the calendar
is what we're looking at.

And we've committed to
council they would get that
report back to you by
OCTOBER 1st.

And I think I just mentioned
that it is -- it's turning
out to be a tremendous
amount of work and we're
looking into some of these
contracts and looking at the
scope of work being
provided, in some cases the
scopes of work are 20, 30,
40, in one case even 400
pages of the scope of work
that we have to go through
and figure out what would it
take staffwise to do this
same scope of work that's
being done by these outside
contractors.

So we are doing that work
for those 54 contracts.

[One moment, please, for
change in captioners]
that would provide some
general rules, conditions
under which the -- it is
appropriate for the city to
outsource as opposed to
bring employees in-house.

In making a decision about
which way we go with those
contracts, we're going to
have to apply some kind of
rule or guidelines in order
to make that decision.

I fully agree with
councilmember tovo that if
we're talking about -- about
positions that address a
permanent year-round need,
and -- same councilmember
martinez said, there are --
[indiscernible], we just had
a request about security
guards at water utilities
and there were some fairly
persuasive cases with
respect to those security
guards for a number of
reasons.

It does make more sense to
outsource security guards.

Seems like we would want
some coherent set of rules
to guide that decision.

That's what we would be
applying in the course of
that holistic effort is
byron, is that your sense
of -- of what's at work
there?

>> The city manager is --
work association, we are
hoping to come forward with
date that that you will be
able to review and we'll be
provided direction.

>> Riley: Given that we
will have that holistic
discussion with respect to
that whole report in
october, then would it be
possible to extend -- to
extend contracts with
respect to these employees
on a short-term basis so
that we -- so that we can
decide -- decide, make that
decision with respect to
these positions at the same
time that we're making
decisions about all of those
other contracts?

>> We have contracts in
place that will cover on
through sufficient time so
that you could -- you could
decide to not take an action
on this item today and still
have plenty of coverage
for -- for the existing work
to be able to --
[indiscernible] definitely
an opportunity.

>> Riley: Okay.

Would there be, we are
talking about the -- about
the [indiscernible]
operating budget.

If we make that -- if we're
making those decisions in
october, well beyond the
current fiscal year, i
suppose that we should be
talking, having a similar
discussion about the next
year's budget.

>> [Indiscernible] talk
about the '13 budget.

>> Riley: Right.

>> What we were doing in
this resolution before
council was adding the 28
positions that would be
needed, the audioal
positions would be needed to
do the -- do the work.

Austin energy is already
included in their budget.

The cost of doing this.

And they would be
reimbursing building
services for the work, so
short answer is that the
dollars are already in the
proposed budget.

That -- that is before
council, just the positions
aren't.

So at some point in time we
would have to come back and
seek council approval to get
these positions added that
would then be reimbursed by
the dollars that are in
austin energy's budget.

If council decides to go to
stay with the contractual
services, then the dollars
are [indiscernible] in the
budget to do the contractual
services.

>> One more question for
you.

Do we have an austin energy
staffer here.

I guess the question is at
this point is there -- when
we had this decision to make
with respect to the -- with
respect to the security
guards for water facilities,
there was a fairly
persuasive case that there
are reasons why it makes to
outsource that particular
function.

Because of the -- because of
the job requirements of
security services, you need
a large workforce, you need
to be able to execute people
in and the water utility --
to substitute people in and
the water utility didn't
have the skills necessary to
supervise that whole work
source, in a number of ways
it made sense to do more
outsourcing.

The electric utility does it
feel like it has
[indiscernible] or on the
other handled is this
something that has long been
a regular part of what the
utility -- what the electric
utility does and y'all could
easily bring these positions
in house?

Just trying to figure out is
this clearly on one side or
the other, one side of the
line or the other or should
be really -- because this is
so close to [indiscernible]
we should put this off until
we are having the whole
discussion in a few months.

>> Carey overton with austin
energy.

As it relates to the
discussion that you had with
security guards and as well
as the janitorial services,
there are some
characteristics that for us
we have a combined
workforce.

It's very clear that we have
es that perform those
duties and those tasks,
based on their expertise.

These are areas that -- that
in our analysis -- that the
contract services would be
much better provision in the
terms of services that are
managed with a very routine,
very specific skill.

With the mobility of
replacement of someone not
being at work, we don't have
as a
need to back that individual
up, we will rely on the
contracting services in
these particular areas.

The contractor just simply
continues to provide that
service on a day-to-day
basis.

In the analysis, I think
that's part of what's coming
out in the october report,
there's some reasons that
would support either side of
the argument.

Austin energy's original
proposal was to continue to
move forward and extend the
contracts.

>> The -- for outsourcing?

>> Yes, sir.

>> Okay.

Well, mayor, I would -- i
think this is an important
discussion to have.

I fully -- I fully agree
with the comments made by --
by councilmember martinez
and tovo and morrison that
there are quality of life
issues at stake with respect
to -- to employees being
able to meet basic needs.

But I also recognize that
this is -- this is an issue
that goes beyond just this
one set of contracts.

I think that we need to have
a -- have a -- a discussion
about this with respect to
all of the contracts.

We expect that we will be
having that discussion in
october.

And I think that it's going
to require us setting some
clear guidelines as to when
you do or don't outsource.

At this point I haven't
heard a compelling case that
this contract -- that these
positions fall clearly on
one side of the line or the
other.

They are somewhere, it
sounds like it really could
go either way.

So at this point, I'm -- I'm
going to side with the mayor
and the mayor pro tem
that -- and -- and I don't
think we're ready to make
this judgment with respect
to these particular
contracts.

I'm open to revisiting it
when we address all of the
other contracts in october.

So that we can have one
clear coherent set of rules.

I would just note that we
are talking about very
long-term implications for
the entire city budget and
the decisions we make that
have a fiscal impact have
affordability implications,
not just for the employees
involved, but for all austin
taxpayers, as tax burdens
continue to rise,
affordability is a
continuing concern for
taxpayers, we need to keep
in mind with every decision
we make that -- that there
are real -- real
implications for people
paying the taxes, as well as
the people who are actually
performing these services.

And we -- I would just
suggest that those -- that
we need to proceed
carefully, make thoughtful
decisions, with respect to
the whole workforce, we
expect that we will be
having that conversation in
october, so in the meantime,
I will not be supporting
this -- this budget
amendment.

>> Mayor Leffingwell:
Mayor pro tem.

>> Cole: I would like to
say I fully support what
councilmember riley said,
agree that these are
long-term budgetary
decisions, this is not just
a part of a debate that we
are having on the council.

We all support social
services and certainly
providing jobs to
minorities.

But at the same time, we
have to think about the
overall fiscal impact for
all of our taxpayers and
because this is occurring on
the national level, I think
that as part of your
analysis I would like to ask
staff to -- to look at not
just benefits versus how we
could use it outsourcing,
but also the implications
for -- for -- for -- the
long term implications over
time, if these employees
also become civil service
employees.

I think that's only fair
since we're putting that --
that out there as far as --
as far as financial
implications.

And that we also look at all
of the other contracts that
we have and that we think
about it in terms of what
truly does make sense to
outsource because I'm
certainly not saying we
should not -- we should
outsource the police
department or outsource the
fire department, those are
just really not on the
table.

But if we have a number of
contracts that we are
outsourcing, that would make
more sense to bring
in-house, we should do that
and if there are contracts
that we are considering
keeping in house that
financially should be
outsourced we should
consider that and those
policy issues should be
brought before council.

Thank you, mayor.

>> Mayor Leffingwell:
Councilmember morrison?

>> Thank you.

I do want to follow up on
councilmember riley's
comments because I do think
that -- that we have had
some really good examples
and careful analysis and
explanations by our staff,
particularly the water
department, the water
utility, as well as the
parks department have done a
really good job of
explaining when they are
doing contracts of why it
makes sense.

To do them on contracts and
not full-time employees.

I think the simplest to
understand, for instance, is
the parks department that
has maintenance efforts that
need to be done and tasks in
the summer or spring and not
in the wintertime.

So obviously those are
places we want to be able to
contract and so there is a
bright -- there is a line
and it's -- it's -- I'm -- i
think that it's terrific
that we are doing the -- we
passed that resolution to
actually do the analysis and
have a thoughtful
conversation.

But for me, this is one of
those items that is not
anywhere near the line.

Last -- when we discussed
this before, when it came up
in terms of are we going to
do a contract or not and it
was postponed and staff did
a really nice analysis for
us, it was very clear, the
difference was if we did it
in-house, it would be
employees that have
benefits.

If we contract it, it will
be contracted employees that
don't have benefits.

So to me this is nowhere
near the line and it makes
sense to move forward.

In -- still, in the context
of having the broader
conversation and I look
forw
conversation.

>> Mayor Leffingwell: I'm
not going to support the
motion because I think
councilmember riley outlined
it pretty well.

We do have a process
ongoing, it's not going to
be a hardship, there's no
hurry to make this decision.

We can be more fully
informed after the -- after
the report comes back and --
and regardless of how this
turns out, I would like to
ask when you do that
analysis, a lot of this
seems to hang up on -- on
health care.

The health care aspect is
changing.

We do have a phased in
approved national health
care plan and I would
like -- I would like for
your analysis to -- to
include how that's going to
impact outsourcing in this
situation.

[Indiscernible] I don't know
what the time table is.

We don't keep up with that.

We are so fortunate hear to
not have to worry about that
kind of thing, but I know
that it's going to have a
big impact on the private
sector.

Councilmember tovo.

>> I have an additional
question.

In the budget that is before
us that we have been
discussing for the next
fiscal year, how have you
handled this issue?

Does the budget that we're
reviewing right now include
these positions?

>> It does not include these
positions.

It does include the dollars
that would be needed to fund
the positions, but until
council authorizes the
positions they can't be --
they condition be filled, of
course, and so the dollars
are -- in the '13 budget and
it's just a matter of do
those dollars get allocated
to positions [indiscernible]
or continue to get allocated
to contracts.

[Sound is very low]
13 budget for these
positions at -- assuming
that they would be full-time
positions rather than
contract.

>> We do.

>> Tovo: Okay.

Thanks.

I just wanted to be clear on
that.

Can you remind me what would
be the budget implication?

I guess we can handle that
afterward.

But thank you.

I just want to point out
that I think, you know, if
we start down the path of --
of calculating what a civil
service amendment -- I mean
what -- what that charter
amendment does for these
positions, we certainly
would have to do that for
all of the other positions
that are being contemplated
as being added in the fiscal
year '13 budget.

So I -- so I would suggest
that that might be a lot to
ask of staff.

We are adding -- I mean, we
are reviewing a budget that
's
contemplated in various
different departments.

>> Cole: Mayor.

>> Mayor Leffingwell:
Mayor pro tem.

>> Cole: I think
councilmember tovo brings up
an excellent point.

We are not sure how that
civil servant ballot item is
going to go.

So why don't we wait to
actually do that type of
analysis after the november
election and see what itch
implications it may have on
this analysis.

>> Mayor Leffingwell: I
would just say we have a
motion on the table and
second and -- just to make
sure that everybody is aware
of this, the motion -- it
will require four votes to
pass the motion.

Otherwise the item would be
denied.

Councilmember morrison?

>> Morrison: I do want to
mention that I guess it was
last week, we had a fiscal
analysis and memo from the
city manager about the
impacts of that charter
amendment.

And I don't know if it would
need to be updated, thinking
about -- thinking about an
additional number of
's in our next budget,
but I don't know if you want
to comment on that, city
manager?

It seemed to me that it
might be a negligible if
we're talking --

>> Mayor Leffingwell: City
manager.

>> It probably would be
negligible.

We would have to certainly
do the math.

I think the analysis was
based upon the workforce as
it currently exists.

>> Morrison: Right.

If the workforce went from
12,000 or I guess it's
fewer, because it's only --
it's only the currently
non-civil service folks.

>> Right.

>> Morrison: If we were to
add 100 to that, I guess the
question needs to be asked,
is that going to make --
have a significant impact on
the dollar numbers that came
out in your memo?

>> Well, it will have some
impact, you know, it's --
it's -- it's hard to
anticipate particularly
given the discussion hiring
people as opposed to
contracting out is a
variable, because I don't
know how far that's going to
to go.

As I said before, the
analysis was based on the
existing workforce.

We do have some additional
positions that are proposed
in the budget as you know,
but again that's a variable
because you have it -- you
haven't approved the budget
yet.

But, you know, once some
decisions are made in that
regard, that will be able to
revise our figures.

>> Morrison: I think that
would be helpful since the
question has been raised, i
think we need to be able to
answer it.

If it wouldn't be too
troublesome just to get an
update -- wait, we're going
to be looking at the budget
september 10, 11 or 12, that
should be plenty of time.

Thank you.

>> Mayor Leffingwell: I
just have a quick comment to
make and then I will
recognize councilmember
martinez.

There's a new report that
just came out by the state
comptroller, I haven't had
time to read it fully yet.

You about the topic of --
but the topic of discussion
is how local government
expenditures are exploding.

Not just around the country,
but especially here in
texas.

Due to whatever reason, it
could be -- it could be
because state and federal
governments are cutting
their budgets and these
things are kind of
deinvolving down and -- we
are sort at the bottom of
the trough here.

But I think that we have to
be really careful about
considering, counting our
pennies going forward,
because this is a trend
that's falling upon us and
if we're not careful, we
could find ourselves in
fiscal trouble.

Councilmember martinez?

>> Martinez: Thanks,
mayor.

A couple of comments were in
regards to -- to health care
coverage for some of these
employees.

What I would want to just
add is as we look into that,
I hope that we reach out
to -- to other folks in the
community like central
health to help us get a
better understanding of --
of what impact we have on
local taxpayers if we do
contract out services and
don't provide health care
benefits.

Because there truly is a
financial impact because
those folks are going to
seek health care through
central health or through --
you know, showing up at the
er and not being able to pay
for it.

So I want to keep that in
mind and make that a part of
the comprehensive look that
we're going to take on any
policy that we put in place
as it
outsourcing.

>> City manager.

>> We're happy to look at
that.

I guess the only cost
estimate that I would offer
based on the conversation
that I'm hearing is that the
scope of this project was
significant to begin with
and it has, you know, the
things that have been added
in the course of this
conversation have added to
that substantially.

So I'm a little bit
concerned about being able
to respond sufficiently
within the time frame that
you all have been talking
about.

We'll do our best, but i
just wanted to point that
out.

>> You know, again, I -- you
know, that it's a worthy
policy discussion as the
council to have.

As your city manager,
though, I remain concerned.

An overarching context of
what the costs associated
with what we're talking
about here.

I don't have to tell you
what, you know, we've been
through, through the past
four and a half years, you
know.

And, you know, the -- this
pushes up against the kinds
of, you know, strategies
that we've applied
financially to get through
the past four years.

And in fact if you look
across the country, other
municipalities, some of
which from time to time I've
cited, those in extreme dire
situations filing bankruptcy
and the like, but generally
speaking the trends across
the country in terms of
municipalities is the
antithesis of what's being
talked about here today.

In response to the economy
and physical stress and
strain that it's placed on
municipalities are tending
in the other direction.

It is notable, you know, the
underverting reasons behind
the desire to assist or
employee people who are
unemployed.

Again I am, as your city
manager, also I have to be
mindful of the fiscal
implications of doing that.

So as we go forward, it's
going to be really important
that we strike a proper
balance and that we are, as
all point out so many times,
mindful of the relative tax
burden, financial burden,
that we put on taxpayers.

One of the things that you
have talked a lot about is
affordability.

Ultimately, this can go
straight to that issue.

We just need to be mindful
of that as well, as I trust
you are.

>> Mayor Leffingwell:
Motion on the table to
approve item 3.

All in favor say aye.

>> Aye.

>> Opposed say no.

>> No.

No.

>> Mayor Leffingwell: That
fails on a vote of 3 to 3
with councilmember riley,
myself and mayor pro tem
cole voting no.

So -- so we'll go now to
item 21.

Pulled by councilmember
martinez.

When when do you want to do
it?

We've already called up 21
now.

>> Martinez: Thanks,
mayor.

>> Mayor Leffingwell:
Councilmember martinez.

>> Martinez: I had some
questions, rosy, on this
item.

We have an item that's
coming before us that is --
I don't know the exact
number, but it's a six
figure number to contract
with the university of texas
for training services within
the small business
development program.

Is that correct?

>> Today.

>> Martinez: Not today.

But it's pending.

>> It's pending.

It's a multi-year contract,
interlocal agreement.

>> Martinez: So this item
specifically, just reading
through the backup and
looking into it after some
concerns were raised to our
office, is for additional
space for training, is that
part of it?

>> Yes, sir.

We -- council approved a
year ago the entrepreneur
center that has a large
training room and also
conference room and that's
where we conduct our
training classes, our
education classes.

We also use that facility as
the location where we're
closing the loans and other
related events and programs
connected to the family
business loan program that
council also approved.

And this additional space
has become available to us,
when we lease the space --
when we leased the space
originally, the property
owner told us it would
probably become available in
the next 18 to 24 months, it
became available to us
sooner than later.

It's a small square footage,
I think less than 600 square
foot and we will be able to
facilitate smaller groups,
sessions, in there.

I do want to say to council
and let you know that since
you approved the lease
originally, we opened the
center on may 1, started
doing programming there.

In the last 15 weeks, we've
had over 700 participants in
our events at that facility.

The small training room will
accommodate small groups,
small group work.

We're getting ready to
launch, also later on this
year, a -- a facilitated
sessions by the -- that
we're going to get trained
on on the [indiscernible]
foundation again connected
to the family business loan
program, making our local
entrepreneurs stronger
entrepreneurs.

>> So -- so if I'm
understanding what you are
saying is that you can
utilize a smaller room,
to -- to accommodate smaller
groups.

>> Correct, yes, sir.

>> Martinez: But it
doesn't preclude you from
using the larger room, not a
larger room, the one that's
there right.

>> You can.

If there's such a high usage
for the larger room, then
looking for space for a
small -- for smaller groups
is you just a more efficient
use of space.

>> What is that usage since
may 1, you said 700
participants, but what's the
usage, all in one day or --

>> oh, no, sir.

We've had I think over 40
event and classes in that
15-week period.

We about over 732
participants at those
events.

>> Martinez: Those
classes, do they run all day
long?

>> Some classes are all day.

Sometimes they're half day
sessions and we repeat it.

You know, you were
mentioning texas health
plan, you know, we've got
two sessions I think coming
up in october with them.

We do work regularly with
them.

So they use our facilities
to get information about --
about health insurance and
how -- you know, how we can
help them there.

We have extensive use by
sba.

They come at least
quarterly, I think, is what
the schedule is and they do
several, you know, sessions
on one day, use it all one
day and maybe talking about
three or four different sba
programs.

We offer classes in the
morning, we will offer a
class in the afternoon, and
then we will repeat it maybe
in the evening.

>> Martinez: So is this --
is this request for
additional space based on
demand or is it just based
on wanting to provide more
if the opportunity arises?

>> Well, you know, I guess
we don't have an established
demand right now because we
don't have it.

But I mean, you know, the
room but I know that it will
be utilized.

No doubt about it.

>> Martinez: I'm sure.

And we could use more space
here at city hall.

It will get utilized if we
find it.

But my understanding is of
the 80 sessions, 40 of them
are an hour and a half each.

So I don't understand how
this room, if you've -- if
over the last 80 days,
you've had 40 sessions that
were only one and a half
hours, seems like the room
is underutilized.

>> No, I don't know where
the hour and a half.

classes at
a minimum are three hours
long.

You know, I was involved,
you know, with some sessions
recently there that were
about two hours long, so i
don't know where the hour
and a half.

Vicki valdez is our small
business administrator is in
the audience, she might be
able to attest to
specifically the length of
the classes, but normally
the classes are three hours
long.

A couple of our classes are
actually eight hours.

We have moved all of our
quickbooks classes there,
those are full eight-hour
classes the quickbooks
classes there.

>> Martinez: So is this
request is it kind of -- not
kind of.

Is it in conjunction with
the potential can are the
that we will agree to with
?

>> It doesn't have really a
direct connection to it.

You know, the smaller group,
the smaller work group, we
will be using it, we know
for a fact.

When we start teaching the
kaufman foundation classes.

You know, I doubt that the
classes are usually
larger, you know, that's why
we want for a larger
training room because we
wanted to teach and reach
more people.

The larger training room
accommodates I think 42, 47
people.

So it really it's not a
direct connection.

>> Martinez: So if we
don't authorize the u.t.

Contract, wouldn't the --
wouldn't the larger training
room have less of a demand?

>> If council deems not to
approve the u.t. -- the u.t.

Interlocal, we probably will
be looking for other ways to
deliver that same training
through other kinds of
services, either through pro
bono or through, you know,
smaller contracts or frankly
maybe even staff doing the
training.

>> Martinez: That is the
whole reason why I pulled
this item and why these
concerns were brought to me
is because, as you know, you
are well aware, many other
groups are feeling like they
have not been given the
opportunity to provide the
training that we are
and
when they see this item on
the agenda, it just further
incenses them that, you
know, staff is moving
forward as if the u.t.

Contract is already approved
and asking for more space,
with the anticipation that
we'll vote for this.

At a later date.

And I just -- I want to get
beyond the record and I want
you to be on the record that
that is not the case, not
the intention.

>> That is correct.

And that is not our
intention.

>> Martinez: Okay.

Thank you.

>> Uh-huh.

>> Thank you, rosy.

Councilmember martinez, do
you want to entertain a
motion?

Move approval.

Councilmember morrison
seconds.

All those if favor say aye.

>> Aye.

>> Councilmember tovo, did
you have -- all those in
favor say aye.

>> Aye.

>> Cole: That passes on a
vote of 4 with councilmember
spelman and mayor
leffingwell off the dais.

The next item I believe we
have is from councilmember
morrison pulled --

>> Tovo: Mayor.

>> Cole: I'm sorry,
councilmember.

>> Tovo: Mayor or mayor
pro tem, I would like to
move reconsideration of
number 68, please.

>> Mayor Leffingwell:
Councilmember tovo moves to
reconsider item 68 and i
believe you voted for it
since it was on the consent
agenda.

Is there a second?

Councilmember morrison.

>> Tovo: Colleagues, i
apologize, there was -- i
had some confusion with
regard to the yellow sheet
of paper that is on
dais.

This offered a small
amendment to the resolution
and it -- it apparently what
we passed this morning does
not include this small
amendment.

And so I'll read it for your
consideration, this would
add an amendment to explore
whether any operations
currently under the
responsibility of the city
could be affordablely
provided with public/private
partnerships with local
funeral homes.

This was a point raised by
community members that
contacted our office.

There are state regulations
that heavily govern this
area.

All that we're asking staff
to do as they begin this
exploration is to consider
whether any of the
responsibilities could
further involve private
funeral homes.

So apologies that this
didn't get handled before we
passed the consent agenda.

But I would ask that -- i
would make a motion to
approve item 68, with this
amendment --

>> Mayor Leffingwell:
First we've got to vote on
the reconsideration.

>> I forgot we hadn't done
that.

>> Mayor Leffingwell: All
in favor of the motion to
68 say
aye.

>> Aye.

>> Opposed say no.

Passes 6-0.

Councilmember spelman off
the dais.

Now you can make your
motion.

>> Tovo: I would like to
move approval of item 68
with the amendment that i
just read on the yellow
sheet on the dais included.

>> Mayor Leffingwell:
Motion by councilmember
tovo, seconded by
councilmember morrison.

Further discussion?

All in favor say aye.

>> Aye.

>> Mayor Leffingwell:
Opposed say no?

Passes on a vote of 6-0,
councilmember spelman off
the dais.

We will call up item no. 32.

Whicieve was pulled
by councilmember morrison.

>> Morrison: Thank you,
mayor, I wonder if we could
have our purchasing officer
come up.

This is an item to enter
into a cooperative
purchasing agreement with
the austin independent
school district.

And welcome, byron again,
back.

I wonder if you could give
us a little explanation
about what this really
brings to the table for the
school district.

>> Byron johnson, purchasing
officer.

Yes, this item is to allow
aisd to use our contracts.

As part of the program that
the city manager asked us to
do for best managed.

We have taken the lead in
going to other agencies and
asking if they would like to
use any of our contracts,
use the fact that we have in
some cases some bigger
quantities than they have.

And they will be able to
participate.

This is different than the
other cooperatives in the
fact that we do not charge,
there is not an impact fee
for them to use the contract
and there's no impact fee
for the vendor.

So it is cost neutral for
both of those.

Our cost to implement it
from internal costs was
staff cost only.

It's been a very good
program.

We have -- we started out
with a small one with cedar
park.

We then have travis county.

And travis county has access
to our contracts and so aisd
to do this and so they
looked at things, so, for
instance, they have security
guards, they could use our
uniform contract and be able
to get our price break for
the big quantities that we
use.

>> Morrison: That's
terrific.

It's really sort of an
outgrowth of the discussion.

Actually, we mentioned on
tuesday, also, of -- of
working for ways to help out
with aisd and hard times
that they had and we had --
we approved item 52, which
is another item brought
forward by staff to -- to
share some of our franchise
fees that we were allowed to
share.

So could you -- I ask this
in -- in the q and a.

So we are sharing sort of
our buying power with other
folks and also other
government agencies or
entities.

Could you talk about which
other local entities we're
thinking about doing this
with?

>> Yes, I can.

Council, we are looking and
are working on a possible
fuel agreement.

We have hays county,
williamson county, we are
looking at cities such as
burnet, bee caves, and any
of the smaller cities around
for participating on that
has actually
looked at a possibility of
joining us in this.

So we are reaching out to
them through our government
purchasing group.

We think it's part of the
city's role as being a
co-partner in this.

>> Morrison: I appreciate
that.

I guess that I just want to
ask also for you to consider
reaching out to all of the
's that they are -- i
forget is it seven that are
actually in our boundaries,
at least all of them and
others as you see fit.

Is that something that you
might do?

>> We can do that when
our -- our legal department
has worked really well with
their legal departments, i
will give them credit for
helping us.

>> Morrison: Trick.

Thank you, I he -- terrific,
I appreciate the staff's
initiative on working on
this.

I move to approve.

>> Mayor Leffingwell:
Seconded by councilmember
tovo.

Discussion?

All in favor say aye.

>> Passes 6-0 with
councilmember spelman off
the dais.

35, i
pulled it off the agenda
because it has two speakers.

We'll go directly to those.

Laura presley.

Is lori bartlett here?

You have up to six minutes.

>> Councilmembers, mayor pro
tem and mayor leffingwell.

laura presley, I'm a
business owner here in
austin and allendale
resident.

I have been in austin 23
years.

I want to talk a little bit
approximate about this item
no. 35 for austin energy.

And I really appreciate the
discussions that you had
earlier with regard to the
cost of running the city of
austin and with how the
impacts are -- how that
impacts our taxpayers.

This item is a little bit
over and above and I want to
go through some items here.

We want $400,000 to assist
staff in the implementation
of the software programs for
austin energy to implement
their new rate structure.

This is over $100,000 a
week.

That's a lot of money for
four weeks.

Because it has to be
implemented by octob
1st.

It's $100,000 a week.

Are we artificially in a
crisis mode where we have to
spend this much money?

How many hours is this going
to take for engineers to
come in and rewrite the
software, so we can have
these rate structures in
place and bill citizens of
austin.

$100,000 A week.

That's a lot of money.

Can we change the
implementation date from
10/1 to allow more time and
save our taxpayers these
dollars.

I know several software
engineers who could do this
FOR ABOUT 1/10th OF THE
Cost.

This is simple to do.

Semiconductor companies in
town do this all of the
time.

I know that you are laughing
manager ott, but it is true.

These are very simple
actions with oracle and the
software.

This work is very standard,
like I said.

If you look at this, if you
have to have this
implemented on octob
1st, THERE'S ABOUT 200
Work hours until 10/1.

Okay?

That's about $200,000 an
hour.

It doesn't make sense.

This is a huge amount of
money.

$100,000 A week for the next
four weeks.

Are we the best managed city
if we have to have this
emergency almost half
million dollars to implement
this system?

I think something is wrong.

So I would like you to
really look at this and see
if there's another solution,
which is to extend the time,
and not require $100,000 a
week that we have to bring
in to do this.

Thank you.

>> Mayor Leffingwell: City
manager would like to
respond?

>> Not so much to the issue
you raised, but to your
comment about my laughing.

I want to assure you,
presley, that I have a
great deal of respect for
you.

I've seen you here before
and I would not presume
to -- to make fun or laugh
at your comments.

If you got that impression,
I apologize.

>> Thank you.

I would like you to
address --

>> Mayor Leffingwell: No,
it wasn't a question.

But I would just like to
also say that it's really my
fault because I made him
laugh.

I said maybe I should vote
against this, my electric
bill is getting ready to go
UP OCTOBER 10th.

Thank you.

-- OCTOBER 1st.

[Laughter]
I will entertain a motion on
item 35.

Mayor pro tem moves
approval.

Seconded by councilmember
morrison.

All in favor say aye.

>> Aye.

>> Mayor Leffingwell:
Opposed say no?

Passes on a vote of 5-0 with
councilmember martinez and
councilmember spelman off
the dais.

We have one item
left, which is likely to be
a longer discussion.

So we will go ahead and go
to our citizens
communications and we will
make sure that if anyone is
not here right now, that --
that where he go back and
give them another
opportunity.

First signed up is walter
olenick, you are here.

We will give you time for
that.

Wicce,.

>> Good afternoon,
throughout our nearly four
years of speaking here at
city hall against the water
fluoridation, one has been
omitted the low income
children.

Three receipt particularly
the city does this for
economically disadvantaged
children five to seven years
of age, the period when
permanent teeth are coming
in.

I thought of this recently
when I happened to discover
census
bureau's website that over
20% of austinites live below
the poverty line today.

Yeah.

Okay.

And that's -- that's 162,000
people.

This group doesn't have much
of a political voice.

I can't bring your kids
here.

But I can count them.

Again, from the census
bureau's 2010 austin fact
sheet -- next slide.

Yeah.

Within the age group in
question, age five to 11,
there are 11,800 boys and
8,600 -- almost 700 girls.

Making a total of 20,500
elementary school aged
children.

The city's solution to their
dental problems is to
annually throw a half
million dollars worth of
hydro fluro [indiscernible]
acid into the water supply
for them and anybody else to
drink.

That discharges all of your
obligation to them according
to the cdc whose marching
orders you follow.

Are these kids getting any
real dental care?

We know 80% of dentists
don't accept medicaid, we
also know that you the city
council have no idea, what,
if anything, what the city
spends on direct dental
services for our needest
children because you have
admitted that.

Outside entities would seem
have taken over that
responsibility.

Next slide.

Okay.

david's foundation
dental program is one of
these.

They operate a fleet of
mobile dental offices that
rotate among aisd's 50 title
1 elementary schools
providing free dental care.

This includes fillings,
xrays, root canals,
extractions and emergency
care plus preventive
measures like cleaning,
sealant it is and oral
hygiene education.

In school years nine and 10
they saw nearly 6,000
patients, most from
[indiscernible] schools and
2 million
in services.

80% Of the second graders at
david's personnel
screened that year has
identifiable oral problems.

Yet those children grew up
drinking fluoridated water.

It really doesn't work.

The city of austin spend a
half a million on
fluoridation and got
nothing.

Half a million would buy and
stock one of those dental
vans or support the
operation of one for a year.

>> Mayor Leffingwell:
Thank you, your time has
expired.

Next speaker is joe zamecki.

Joe zamecki has no specified
topic.

And you know what that means
when you don't have a reason
that you are asked for a
topic is that you don't have
a topic, we can't discuss it
with you.

But you can go ahead and
talk to us.

>> Right.

I mentioned that I had
something to speak about
that was not on today's
agenda.

My name is joe zamecki,
thank you very much for
allowing citizens to have
this time to speak.

What I wanted to speak to
you today about was the city
seal of austin.

You may have heard in the
news recently the travis
county seal had some issue
about a cross and there's a
cross on the city seal in
austin, of course.

This is all over town.

And I just wanted to let
y'all know in case you
didn't know some austinites
don't prefer that to be
there.

You know how sometimes there
will be a case where someone
will say nobody complained
about it before.

And they may be right about
that.

But I wanted you to know and
remind you that some people
have complained about that
cross and there was actually
a lawsuit in the '90s and it
failed of course.

But just wanted to let you
for that there are some --
to know there are some
people in austin that don't
like that to be there
because we are not all
christians, no offense, I do
appreciate your time.

Have a great day.

>> Mayor Leffingwell:
Thank you.

Sylvia mendosa.

Sylvia mendoza.

Also has no topic.

Well, it was not posted.

It was just posted as city
issues which is no topic.

>> City council, I have not
had to come and speak in
almost two years.

I'm here today because i
feel this matter needs to be
addressed.

I'm here on behalf and
representing south austin
traffic patrol.

So may I have your
attention, please?

According to my research,
this city has outgrown its
usefulness for right turn on
red lights.

First, it is presently
treated as a driver who gets
to the light first can turn
without making a complete
stop.

And before making sure that
it is safe and without any
consideration for the other
driver who has a green
light.

Secondly, most drivers rush
through right on red, only
watching for other vehicles
and not for pedestrians.

Thirdly, some bus drivers
have informed me that most
drivers who turn right on
red cut them off
consistently.

They should know they are
always on the road.

Fourthly, red light right
turners, sometimes block
traffic and the green light
drivers cannot go on green.

I have polled and surveyed
the public and I have found
that the younger generation
has grown up with it.

So they get away with as
much as they can.

They can take the right turn
without slowing down or ever
coming to a complete stop.

I may step on the gas and --
they may step on the gas, be
really close, not thinking
that they got cut off and
you almost got hit and the
person that had the
right-of-way will have to
brake.

For these reasons I is it
the council of making the
process of making the city
of austin a no right on red
city.

If there was an ordinance in
the future public
transportation could be
exempt if agreed upon and of
course emergency vehicles.

One of the reasons right on
red was originally created
was for the purpose of fuel
conservation.

It is now more important to
preserve lives.

The percentage of
pedestrians is rapidly
increasing.

In conclusion, few people
are being courteous anymore.

It is a constant headache
with all of the beeping and
road rage.

It is impeding traffic.

It is hazardous and
dangerous.

It is out of control.

Thank you very much for your
time and attention.

Any questions?

>> Mayor Leffingwell:
Thank you.

>> Kunda wicce.

Impact on health is your
topic.

>> Good afternoon.

Mayor leffingwell and city
council members, my name is
kunda wicce.

I'm here to express my
concern about austin's cole
fired power plant in fayette
county.

Coal fire power plant.

I am embarrassed that we
have rained mercury and soot
down on our members of the
community there.

The [indiscernible] former
pecan farmers, we listened
to the presentation of the
health impacts of our power
plant on their county.

I learned that research from
our own clean air task force
tells us that we cause in
fayette county an average of
three deaths a month.

We kill three people a month
there.

There's an average of four
to five heart attacks per
month and each day there are
two new cases of asthma
because of our coal fired
power plant there.

While I was listening to
that presentation, I became
acutely aware of the
pervasive smell in the air
and I was embarrassed
because I wanted to leave.

I didn't want to be
breathing the air that we
insist that we inflict on
these people.

That we impose on them.

I learned from the woman
sitting next to meeting at
the meeting she used to
raise canaries and turkeys
for sale and that within two
years after the plant opened
they quit reproducing and
then died.

Imagine the impact on local
wild birds in that county.

A former pecan farmer
mentioned that he had been
shopping at home depot and
almost bought some fruit
trees.

And then quietly he said,
and then I remembered.

I'm sure you all know by now
that pecan trees are the
plant version of canaries
when it comes to coal mines
and apparently fruit trees
don't fare well, either.

The numbers are.

It will cost us the same to
continue to retro if it that
plant as it will cost us to
switch to clean renewable
energy.

If we sell it, it will
continue to kill.

People care about the health
impacts of pollution and we
people count on you people
our representatives in
government to take a bold
step, take the bold step and
commit to work with lcra to
decommission that coal fired
power plant.

It's time it went.

Thank you.

>> Mayor Leffingwell: Next
speaker is mona gonzalez.

Mona gonzalez.

Next speaker, susana
almanza, montopolis
community needs, city
council support on economic
development, safety
transportation and
neighborhood planning.

>> Good afternoon, mayor and
city council members, I'm
susana almanza president of
the montopolis neighborhood
contact team and the
montopolis neighborhood
associations, for those who
are not familiar, the
boundaries for the
montopolis area is grove
boulevard to the west and
north, ben white to the
south, 183 to the east.

And there's over 6,000
residents who live in that
area.

82% Hispanic, 10% black, 7%
white.

And 1% other.

1% of those
residents live below the
poverty area.

62% Do not have a high
school education.

We are the only school
district that is --
community in austin that is
split into two in the school
districts, aisd and del
valle independent school.

Last year we had kevin johns
and jessie mccormick come to
our community to begin to
look at certain areas where
we could do economic
development.

We are in a dire need for
economic development and in
that particular area and we
ask that you ask staff to
look more closely and look
at other departments of how
they can help the unemployed
there, which is about 32%.

In that area.

So we really do need
economic development for
montopolis.

Also, we have submitted our
neighborhood plan
priorities, 10 priorities.

Only to have staff tell us
that we cannot include
certain priorities in our
plan because they are not
listed in the 2001
montopolis neighborhood
plan, which if you look on
the general subtitles, look
at transportation and safety
because a lot of those
issues are about
transportation and safety.

Every day we have residents
who are seeing a new cross
walk with the red lights
going up on riverside, east
seventh street, lamar,
different places.

Yet montopolis, which has
had numerous accidents on
montopolis drive and fairway
where children and families
have to cross to go to the
store, we do not have a
cross walk.

Where we do have a cross
walk, next to macc on
carnation, [indiscernible]
and montopolis it's just a
yellow light, which so many
traffic, people driving, do
not even adhere that light.

We need those new red lights
out in our community
immediately, so we need to
have the transportation
department out there
safeguarding this community
that has been neglected for
such a long time which has
been allowed to deteriorate
and continue to live in
poverty.

The other issue is that we
now have staff saying that
we have to hold a meeting
regarding the flum, the
future land use map, on
property at 7003 riverside
drive that has not even had
a zoning case initiated.

Why are we busy trying to
change the flum on our
neighborhood plan when a
zoning case has not even
been done for our property.

These are things that we
constantly have staff either
[buzzer sounding], you know,
I feel -- trying on to
overpower our plan, thank
you so much.

>> Mayor Leffingwell:
Thank you, councilmember
morrison has a question for
you.

>> Morrison: First of all,
congratulations on your
appointment to the pard
board.

>> Thank you.

>> Morrison: I do have a
question for staff because
it sounds like you brought
up a couple of issues much
one is can we address some
of the traffic safety
issues.

Even though maybe they're
not in the neighborhood
plan.

And then secondly, I guess
that I am curious about how
a flum change would be
coming forward on its own.

guernsey here, i
wonder if he could help us
with answers to both of
those.

>> Hi, greg guernsey,
planning and development
review department.

The first step in changing
any property before zoning
change would occur actually
is to do an amendment to the
future land use map.

So it's not something that
would be out of the ordinary
for someone to submit the
change for the future land
use map before the zoning
change.

It would save time and money
probably for the owner as
well if they are successful
with, you know, convincing
the neighborhood contact
team and moving forward
through that process, there
would be no need to actually
submit the zoning change.

>>

>> Morrison: But this is a
neighborhood plan amendment
being proposed by the
property owner?

>> I'm not sure of the
particular case that's being
brought forward.

The contact team has the
ability through their
process to bring amendments
to the neighborhood plan.

Such as you have today the
north loop neighborhood is
bringing three of the tools
that they wish to add.

An individual property owner
during certain times of the
year can bring forward a
request and also work with
the contact team to bring a
request that's out of order.

I mean out of that sequence
forwards.

It's not uncommon I think
for someone to consider a
change to the future land
use map without submitting a
zoning change.

>> Morrison: Could you
when you --

>> I can talk to suzanna.

>> Morrison: If you could,
also let me know what
propertied this, was it a
property owner initiated or
neighborhood plan contact
team or was it staff, so --
you can just get back to me
on that.

>> I don't know if
transportation is here.

We work with transportation
in bringing those items that
are in a neighborhood plan
to their attention but if
there's something that meets
certain warrants that
require a signal to be
installed or some other
traffic control to be
installed, I think they have
acted on those things where
something is something is
not safe and warranted.

>> Morrison: Sounds like
what the community is
hearing is that it's somehow
tied to the neighborhood
plan.

Maybe we could ask you to
circle back around on that,
also, make sure that we
don't have unnecessary
barriers, thank you.

>> Mayor Leffingwell:
Angelica noyola?

Sammt easterday.

Tom jones?

Topic is complaint against
the legal department.

Sometimes known as the law
department.

>> May I give the council
some --

>> Mayor Leffingwell: Pass
that to the mayor pro tem
and she'll pass it down.

>> Go ahead, you have three
minutes.

>> My name is tom jones, i
come before the council
today to respectfully
request your help in
resolving the important
matter that affects all
citizens of austin-travis
county we are involved in an
out of control battle with
your law department over a
land use issue in the county
needlessly costing the
taxpayers hundreds of
announce if not millions of
dollars.

I have been a small business
austin over 50 years and
building homes in a
subdivision since 1995.

There are thousands of homes
in these old county
divisions most platted back
in the 1960s, austin
5 miles
of paved county streets and
the city provided
electricity to all homes
there and always considered
them legal.

But your law department
reneged on its promise of
cooperation and declared
this 300 lot subdivision
illegal and refuses to
provide electric meters
stating that the city never
approved a permit for the
subdivision and never even
new that it existed and they
have lied under oath.

I have recently discovered
new evidence that the city
council did approve permits
for this decision and it's a
legal one as we've always
claimed the other staff
members also recommended
against the legal
department's capricious
actions to withhold electric
meters.

The travis county appraisal
district my spec home for
sale there has a tax value
of two dollars and my lots
worth one dollar so the
taxpayers are losing crucial
funds there, also, your
legal staff has brought
years of needless
litigation, refused to
process my permit
applications, refused to
hear my appeals, red tagged
my homes, took away my
property and forced me under
duress to build an
uninquired water quality
pond on a cliff on are
residential lots with poor
soil.

The city engineers agreed
..

Travis county waived any
detention requirements.

The old faded pond later
inevitably failed.

That's why there's a state
law against retrofitting
these old grandfathered
project, your staff doesn't
like that law, but
nonetheless it is the law.

The city responded by filing
criminal charges against me
individually in municipal
court which has no
jurisdiction in the county.

The court docket has now
over 2200 entries, I can no
longer afford an attorney or
anyone to appear on my
behalf.

Our lovely neighborhood is
in shambles over this
atrocity and the city halted
all construction and our hoa
has had to deny lot openers
permission to build new
homes for lack of electric
service.

All I'm guilty of is being a
home builder and a man who
stands up for his
constitutional right and i
paid a heavy price for
speaking the truth.

Your staff has now imposed
liability for the unrequired
pond on our homeowners
association who is going to
have to file yet another
needlessly experience
lawsuit to settle this
unless we come to a ration
in a agreement.

I think incumbent for you to
bring this travis vest
community to an end.

It's not a legal issue, it's
a political issue.

The city's official policy
is that it's beset by this
law.

It's not what you can get
away with, it's about what's
right and wrong, it's about
city's moral, legal
obligation to do the right
thing under the law.

I have a workable solution
to this whole issue that
will cost the city nothing.

>> Mayor Leffingwell: Your
time expired.

>> We all continue to lose.

>> Mayor Leffingwell: Your
time expired, I will be glad
for you to get together with
a representative of the law
department to -- to discuss
your issue.

Can we -- can we have
someone discuss this?

>> There's no one there that
will talk to me.

>> Mayor Leffingwell: We
will send someone out to
discuss it with you, all
right?

>> I appreciate it.

>> Mayor Leffingwell: Next
speaker is -- is brian
leonard speaking on the
parks.

>> Thank you for your final,
council, I'm brian leonard,
an austin homeowner, daily
swimmer at barton springs.

I am here to bring to your
awareness a very serious
issue at barton springs.

There's a dangerous
fundamental design flaw of
the bypass scheduled to
begin in late october of
this year.

If no action is taken by
council to top this, the
current plan will not only
destroy the natural
aesthetic of the pool, but
also bring many injuries and
possible future lawsuits
against the city.

I don't think that you would
consider a project a success
if it generated injury for
the citizens and liability
for the city.

This is a very real concern
and what is about to happen.

I'm certain some of you are
aware of the bypass repair
plan at barton springs, or
you may not be aware of the
dangerous, shrub and noon
pool friendly surface that
they are proposing to cover
the sidewalk with.

What is happening is simple.

There is so much concern
about the new decorative
infill tile plan for the
surface of the tunnel
sidewalk that they have not
correctly considered all of
the safety implications of
the materials needed to
embed the tiles into the
sidewalk.

Because of this agenda,
comments and safety
considerations are being
ignored.

Even now at deep eddy there
are many people slipping,
falling, getting hurt
because there was inaccurate
engineering estimates made
in that project.

I'm sure that you would have
to agree a very serious
mistake was made when it was
decided to pour a surface
near a poolside that becomes
very slippery when wet.

Major safety concerns were
overlooked in that project's
disaster and I'm here to
warn you that the same thing
is about to happen at barton
springs.

Please take action now to
protect the safety of
austin's citizens.

This very speech recorded in
city records serves as
notice to not take action
and ensure safety
considerations are top
priority in the proposed new
surface of the bypass tunnel
at barton springs would be
neglect.

I attended joint committee
meetings, none of the three
different tile toppings that
I saw exhibited were in any
way appropriate for a wet
environment.

Surprisingly committee
members did very little to
demand any accurate safety
information, even though it
was obvious that the surface
tiles presented could
introduce a dangerous
element to the barton
springs environment.

That meeting was allowed to
proceed without proper
concern for public safety
and that is why I am here.

I am asking council to
seriously into this matter
and demand that safety be
the highest priority when
considering how to resurface
the bypass tunnel or perhaps
do as others have suggested
is possible to repair the
tunnel from the inside and
leave the current sidewalk
untouched.

There really is no reason to
resurface the tunnel.

The pebble-like aggregate
that is there now is
perfectly safe and blend
well with the natural
environment.

I think it would be the
wisest of all possible
choices.

The situation provides a
great opportunity for you to
take action and prevent
something very dangerous
from being created at barton
springs.

I know that preventive
action now could give you a
lot of peace of minds in the
future.

>> Mayor Leffingwell:
Thank you.

Councilmember morrison?

>> Morrison: I wonder if
we have any staff here
that -- that I could ask
some questions of.

I know that we have approved
the contract and worked
through some issues in terms
of communities concerns.

As I recall we actually
talked when we did approve
it about the surface,
resurfacing of the sidewalk
and there was some working
done, trying to figure out
at that time what it was
going to be.

Are there -- can you explain
the safety standards that we
use as -- I assume that
safety is of course of
concern.

>> Good after cora
wright, assistant director
for the parks department.

Councilmember morrison, what
I would like to do because
we did not anticipate the
details of his concern today
is to express that this is
certainly something we want
to be able to look further
into.

Affiliated with this project
obviously are our concerns
about optimum safety.

The department does have its
own safety officer.

What we will do is lend our
safety officer to the
project team, have another
look at it, summarize what
our findings might be and
get with the citizen today
and make sure that we cover
all of his concerns and then
provide you a recommendation
next steps.

But we would like the
opportunity to take a closer
look, if we can.

>> Morrison: Sounds
perfect, thank you very
much.

>> You're welcome.

>> Mayor Leffingwell: And
I believe mona gonzalez is
here now?

To talk about the -- the
funding support for river
city youth foundation dove
springs.

>> Good afternoon, mayor,
councilmembers.

This is a happy thing.

I'm here with our board
members, supporters from the
community at large, and the
children and the families
whom we serve.

Sometimes you just have to
come out and just say thank
you.

I went to the meeting just a
couple of days ago, the
public health and human
services committee meeting,
and was informed of good
news.

That the desire and the
intent of the public health
and human services committee
and of your group to
continue the services of
river city youth foundation
and they were very, very
busy, bert lumbreras I saw
in the city manager's office
trying to figure out how
that's going to happen.

Although it's not all been
worked out, it was good news
to take back to a community
that needed good news.

The next step, once you get
the good news is to assess
the blessing.

In dove springs we have many
needs and that goes without
saying.

But we're raising up the
future leaders, we're
raising up the bilingual
tech force of tomorrow,
we're raising up young
people who are truly going
to be leaders in the future
and in so doing we have to
teach gratitude.

We are here today in
gratitude.

Not everything is done,
seldom is everything
completed, seldom is 100% of
everything you need funded.

But this is a victory for
our community because it
will continue the mentoring,
it will continue the
psychosocial groups that
take place that are so
important for families, it
will continue the year-round
tutoring and the support for
families, the summer camps,
the summer of safety that
takes place as one of the
only things that's going on
south of william cannon.

It will continue to serve
those who need these
services most.

So it is time to say thank
you.

And I do apologize that we
arrived a little bit late,
but I think our vans had a
little bit of trouble
finding parking because we
do have a full garage
downstairs.

I'm just happy to be here
with our wonderful
supporters.

They come from near and far.

We learned a long time ago
that in order to be
successful with our children
and families, we must invite
the fellowship as well as
the collaboration of
everyone who wants to be
around the table.

So you have here represented
tarrytown united methodist,
austin ridge bible church,
bannockburn baptist church,
groups from outside of the
community [buzzer sounding]
who desire to help.

So with the limited time, on
the count of three, we are
going to say thank you.

..

>> Thank you!

>> Gracias.

God bless each one of you.

>> Mayor Leffingwell: You
are very welcome, thanks for
coming down.

[ Applause ]
so -- without objection the
council will go into closed
session to take up the
following items pursuant to
071 of the
government code, the council
will consult with legal
counsel regarding the
following item, item 81,
discuss legal issues related
to open government matters,
071
of and 072 of the government
code, the council will
consider the following
items, item 22 to discuss
legal and real estate
matters related to -- to
rainey street.

Is there any objection to
going into executive
session?

Hearing none, we are in
executive session.

Testing 1, 2, 3, 4.

Testing 1, 2, 3, 4.

>> We are out of closed session.

In closed session we took up and
discussed legal issues related
to item number 81 and real
issues on real property matters
related to item 22.

We will now take up our
scheduled discussion
and topical action on bond sales
which is item 82 through 86.

We have several folks signed up.

We will have the public comment
part will apply to 82-86, so if
you are signed up to speak on
any one of those items, you can
speak on all of them and have
the public comment period it --
instead of have it separately.

Do you want to say something
before we begin that?

Go ahead and do the
presentation.

>> I am dennis wayly with public
financial management.

We are the financial add say
sore to the city.

We had find bond sales for year
to date, four of which are
public improvement bonds or
general obligation bonds.

If you will notice on the first
page that the par values on
these bonds is lower than you
might have noticed in the agenda
and that is because of the
premium that was paid on the
bonds so interest rates, they
pay the higher bond and yield it
down, you will have a premium,
you reduce the par amount and
have a premium, you get get that
number.

Page 2, public improvement
bonds, both taxable and tax
exempt for capital improvements
for voter authorized projects,
certificate of obligation for
capital projects and contractual
obligation for various equipment
and on page 3, we issue bonds
for mueller project for tif
supported bonds.

On page 4, the four city issues
were issued competitively.

An ders and kerrs was bond
council and of course city
council was rated triple a on
all three.

Mueller bonds we issued
negotiated.

Nicholas was the lead
underwriter with lou capitol and
mccall with bond council and
they are rated double a plus and
page 6, rating agency comments,
extremely positive comments from
the rating agency about the city
of austin as they always have
been.

Healthy general funds reserves,
conservative management, strong
and diverse economic base,
moderate debt levels.

Out standing comments from the
rating agency, you should be
very proud that all three have
been rated triple a.

Page 7 is market comment that
you can look at when you have an
opportunity, page 8 shows
borrowing rate.

You will notice that borrowing
rates are at historic lows.

So we g 9 which is the good
part, you notice numerous bids
for all of the bonds, borrowing
costs.

I think these borrowing costs
are lower than they ever have
been hutchinson bought the bonds
and then the [indiscernible] and
rw bear bought the taxable bonds
at 294.

The reason they are lower than
the tax exempt bonds is the
amortization of the tax bonds
are the longest.

Higherjafrey bought the
certificates at 476 and morgan
stanley bought the 7 year bonds
02 percent and
page 11 has the maturity
schedules and then the last page
which is page 12 shows the
maturity is schedule for the
mueller bond and the tic on that
3 4% and with that I will
be happy to answer any
questions.

it seems
like every time you make a
presentation, the rates are
lower than they ever have been
before.

>> Yes, outstanding bonds, very
good.

>> Mayor leffingwell:
Any questions?

Okay.

We will hear the public hearing.

Laura, lori bartlett.

Vera gibbons.

Three minutes.

>> Mayor and council, I am just
here to [indiscernible] we are
very concerned about the fact
that the center is not usable at
this time and you have it
scheduled for repair.

Here is hoping that when it is
restored, it will be safe for
the children and the residents
in the area to use without in
harm's way.

That's all I wanted to say.

>> Mayor leffingwell: okay.

That's all of the speakers we
have signed up that are here.

So with that, and we will work
our way through this and
entertain a motion on item 82.

Mayor pro tem moves approval.

Second by council member
martinez.

Discussion?

"

aye.

Opposed say no.

Passes on a vote of 6-0 with
council member spelman off the
dyas.

Item 82, I will entertain a
motion.

Council member -- excuse me, 83.

Council member tovo moves
approval.

Second by council member
morrison.

"

aye.

Opposed say no.

Passes on 6-0 with council
member spelman off the dyas and
84, council member morrison
moves approval.

I will second.

Discussion?

"

aye.

Opposed say no, passes 6-0,
council member spelman off the
dyas.

Eighty-five, council member
morrison moves approval.

Second by council member tovo.

"

aye.

Opposed said no.

That passes on a vote of 6-0,
with council member spelman off
the dyas.

Eighty-six.

Mayor pro tem moves approval.

Second by council member
martinez.

"

aye.

Opposed say no?

Passes on a vote of 6-0, council
member spelman off the dice.

That concludes our action on
bond sales for today and I think
there is still time to get to
market with that.

Thank you very much.

>> Mayor pro tem the next item,
is the viewer local government
corporation and also the bond
sale issue.

I am
going back -- we will get to
that.

Going back to the eminent domain
item, and those are items number
89 -- excuse me, 79 and 80.

As you know by now there is a
specific script that I will read
and entertain a motion, with
respect to 79 and 80 being
condemnation item, the motion
should be the city council
authorizes the use of power of
eminent domain to acquire the
property set forth and described
in the agenda for the current
meeting for the public use
described there in.

This vote will apply to all
units of property, items 79 and
80 to be condemned.

I will entertain that motion.

Council member martinez so
moves.

>> Second.

>> Second by mayor pro tem cole.

Is there any discussion?

"

aye.

Opposed say no?

Passes on a vote of 6-0, council
member spelman off the dyas.

Now we will go to recess, this
meeting of the austin city
council and call to order a
meeting of the mueller local
government corporation, three
items on the agenda to consider.

>> Sir, I am sorry.

I just have to clarify
something.

Item 80 was pulled from the
agenda earlier to really the
motion in both have only been
for item number 79, eminent
domain item that we did.

too late
now.

It already has been approved.

>> Okay.

But honestly, we didn't want to
condemn item 80.

can i
make the simple statement that
item 80 has previously been
removed, so that motion only
applies to item 79.

>> Thank you for the
clarification, sir.

all
right.

Thank you.

The three agenda items for the
board.

I will call this meeting of the
board to order and three items
to consider.

Do you want to take us through
the agenda.

>> Greg canally.

>> There are consent item
approval for apventment of vice
president and others as well as
the bond sale for the contract
wayly
walked you through that he
walked you through so i
recommend approval.

>> The agenda for the mueller
local government corporation is
items 1, 2, 3.

Council member -- excuse me,
board member morrison moves
approval.

Is there a second?

Second by board member martinez.

Discussion.

"

aye.

Passes on a vote of 6-0 with
council member -- board member
spelman off the dyas.

So that concludes the agenda
items for august -- the
august 23rd, 2012 meeting for
the mueller local government
corporation.

Without objection, the mueller
local government corporation
adjourned and we call
back to order this meeting of
the austin city council.

We do have one item for this
morning item number 72.

Still we have to deal with item
number 22.

I entertain a motion on item
number 22 to post tone --
council member tovo.

>> Tovo: Yes, I would like to
move to postpone that item.

so
september -- september 27th,
correct?

Council member tovo moves to
postpone until september 627,
second by council member
morrison.

-- September 27.

"

aye.

Posed say no.

That passes 6-0 with council
member spelman off the dyas.

Now, item 72.

Item 72 was pulled by council
member martinez.

>> Martinez: Thank you, mayor.

I just want to ask a few
questions on this item, because
I fully support the intent of
the item but I don't think it's
much different than what we
voted on as a council a little
while back.

We passed a resolution, 70
directing the city manager to
create a special events office
and they actually are all moving
into that office this week.

It's all put together.

I wanted to ask if -- what's
outlined in this resolution,
that's asking staff to
contemplate, if that is already
what the special events office
is planning on doing or is
already doing.

And I don't know if we have
anybody here from the special
events office that can speak to
that.

Rodney.

looks
like we do.

>> Mayor and council, rodney
gonzales the deputy director for
the city's growth and reeconomic
development services office.

I am not with the special events
office but am assisting with
this project.

Back in may of this year, as
council member mentioned, the
city council approved an
amendment to create a special
events team to act as one stop
shop for special events within
the city.

I was running downstairs and a
little bit out of breath.

That team is to be comprised of
representatives of various
departments, that includes
transportation, the
department -- for the officer of
special events, -- the office of
special events, fire department,
planning code of review,
planning department, health and
human services and the ego music
office and the charge by council
at that time is to notify
staffing change to change the
creation of the special events
team and as council member
mentioned, we are gearing up to
move into that space at one
texas center.

We are slightly delayed due to
electrical code issues but we
are moving within the next week
to two weeks.

>> Martinez: So rodney, do you
know what the special events
team is working on?

This is part of function of the
officer, to coordinate with
stakeholders on -- this was
anticipated because of the f1
request.

I am assuming where that came
from out of the conversation
last week.

Obviously it is more
comprehensive than that.

Not one of them.

Just asking to take a look at
multiple open space areas that
are used for events or all
around the city.

Getting the stakeholder
and pressing an event the reason
for doing that?

>> The reason for the charge --
you are absolutely right on
putting the special events team
together which is to have a more
proactive approach in regards to
reviewing special event permit
quests and we got a few of those
throughout the year and it is
challenging to review those
because the team members are
throughout this city and
multiple offices and so having
them under one 6 umbrella, same
roof, if you will, will
facilitate that processing of
the special events.

The special events team,
undoubtedly look at any type of
street closure, right away
closure that is required.

When you get into the parks
situation, such as auditorium
shores, zilker park, fiesta
gardens and then parks
department getted involved and
cory can speak to that.

There is overlap in that
regards, so the special events
team, their charge of course is
to review permit quest for all
special events types of
activities but then when you
throw in those parks activities
as well, then that's where parks
comes in so there is overlap
with regard to that cross.

>> Martinez: Is there a part of
a fte for that.

>> There are parts that are,
because there are some functions
that don't go through the
special events process.

For example, I have been told as
far as family pick licks and
family reunions, those smaller
type of special events wouldn't
necessarily go to the special
events team.

Those would be housed completely
within parks and recreation.

>> Martinez: wright, would
you like to comment on this?

>> I am with the parks
department and I want to ditto
gonzales shared with
you.

From the parks standpoint when
it comes to special events, we
have a events manager that has a
small staff and concerned about
hosting large events, rentals
for properties, et cetera, that
occur on dedicated park land.

When those events are -- reach a
scale that we consider
large-scale events, those that
are a thousan over and
trigger the need for the help
from other departments in terms
of public safety, then that same
self-events manager, jason
moller who participates with the
special events team, works
collaboratively to ensure there
is a smooth transition, in terms
of setup for the event and then
event management during the time
that site is reserved.

The major difference is,
obviously, the spirit of this
resolution is to encourage the
department to take a look at how
we do special events that are
hosted on park land, more
specifically, those events that
are hosted at auditorium shores
and zilker.

The council may very well know
we have an events policy that is
very unique to the parks
department.

It is a policy that originated
over 14 years ago so under this
resolution, it will give us an
opportunity to look at how
effective those policies and
rules are with respect to events
on park land, and then make
certain recommendations, with
the input from stakeholders and
the neighborhood.

We think we have done a pretty
good job in managing events in
such a way that we consider the
impact to surrounding
neighborhoods but obviously the
demand is growing and obviously
we want to be in in a town where
we have a balance of music and
special events but without
compromise to neighborhood
quality.

So we do see a relationship
under mr. mower.

We interface with the large
scale or the city-wide team who
is concerned about events
management throughout the city,
how we can collaborate across
departments, but for the most
mower is concerned for
the parks department about those
events that originate and are
hosted on park land.

>> Martinez: So does this
resolution -- do the sponsors
contemplate the special events
office being one of those
stakeholders or involved in
crafting whatever
recommendations come back to
council?

who would
like to add?

Council member morrison.

>> Thank you, council member
martinez, because I appreciate
you bringing this issue up and i
would be certainly thinking that
they need to be a part of this
discussion and I would be very
happy to entertain a motion to
reference them specifically as
an amendment.

But absolutely, I mean --

>> MarAS LONG AS WE CAN
Agree, it easton the record,
that's fine.

>> Morrison: Absolutely.

>> The second question is what
you contemplate for a public
input process.

I know you have, it looks like
members of different boards and
commissions, but will this go
through a normal board and
commission process?

>> Morrison: I think that -- i
would like to leave it somewhat
up to staff to be able to
develop a workable process and
certainly with recommendations
coming out of that process, that
they would -- that the
recommendations, I would
envision, would go to the
relevant commission once they
are ready.

>> Absolutely.

Council member, it is our
practice, once we have
configured a recommendation for
moving forward, we typically
take those recommendations
through the parks and recreation
board, which is another layer of
vetting it and giving the
general public an opportunity to
comment, but with respect to
this resolution, we already
anticipated the need to
interface with members on the
city-wide special events team,
because we work with them every
day, but, also, we are
anticipating the involvement of
the convention center, et
cetera, so as we look at this,
to the extent that we can really
do a comprehensive job, we
are -- we are planning.

>> Morrison: I appreciate that
and I think the important thing
to remember is I think it's
really the events of last week
that helped to start a
conversation that said --
especially because there was a
reference to it was actually
removed but a reference to
suggest that the city manager
come up with a recommendation
for more events, a number of
additional events at auditorium
shores and with respect to the
fact that the existing limit
that we have was a stakeholder
process and we all evolved and
we all understand that they are
going to be complex and there
are more demands, that we really
ought to have a broader
conversation about that, so as
opposed to -- I think the
special events office is a very
exciting opportunity to be
coordinating a specific event
that's going on and the
knowledge of those staff will
definitely help to inform this
process.

And mayor, I would like to note
that we do have a yellow copy on
the dyas that there were a
couple of stakeholders that we
wanted to be able to include
here that has come up,
certainly, so it's under the
second be it resolved, you will
see some additional
stakeholders, the palmer event
center, park advocate, and then
the next page, representatives
from the original town lake park
stakeholders group.

So --
looks
like we've got everybody in town
there.

>> Morrison: And you are welcome
to join them, mayor.

no
thanks.

>> Morrison: I move approval.

>> And, mayor, also --
council
member morrison moves approval.

Mayor pro tem.

>> Cole: Second.

second by
mayor pro tem.

>> Cole: I would like to make a
brief comment.

I am pleased to be a cosponsor
on this item and very familiar
with the events we had last
week, trying to figure out the
use of some of our most valuable
public resources.

The only thing I wanted to point
out that I don't think has been
said is that we are looking at
uses of these facilities and not
necessarily aca says to these
facilities -- not necessarily
access to these facilities and
that is an important distinction
to the stakeholders and for
everybody to understand because
or understand this.

And, again, thank you for the
work you are going to be doing.

Thank you.

council
member tovo.

>> Tovo: Yes, I echo the
sentiments that has been
expressed.

I am also pleased to be a
cosponsor on this item.

I think it's important.

We've got some great resources
here in austin, great natural
resources and there always be a
demand for their use and we've
got -- they have played hope to
many interesting and exciting
festivals and we need to craft a
vision going forward that really
balances the use of those fights
with traffic issues and quality
of life issues for the nearby
residents and I think this is
very kin to the street closure
task force in some ways that i
believe the mayor sponsored many
years ago where you got diverse
stakeholders together, talking
about, you know, some of the
challenges and they were able to
craft some very good
recommendations looking forward
that has, in some ways, I think
led to the better coordination
that we have seen with our
special events division.

So thanks very much to the lead
sponsor and to my colleague,
mayor pro tem cole for
sponsoring it as well.

I think it is a very good move
forward.

council
member riley.

>> Riley: I am glad to support
the resolution and I want to
express appreciation.

[Indiscernible] there was one
other thing I have that I wanted
clarification on and that
relates to one of the bullet
points, the third bullet point
to the end says comprehensive
parking studies to be addressed
and I just wanted to get some
clarification.

My understanding is that the --
is that this analysis would just
take into account those studies
that have already been done in
this area and by this action --
our action today is not intended
to authorize additional traffic
studies.

>> Morrison: That's my intent.

>> Riley: Okay.

Thanks.

I will be glad to support the
motion.

and i
will just say with all of this
horsepower and the mass of
stakeholders that are involved
with this, I am very confident
that we will come up with a
solution in short order that
everyone will be happy with --
happy to vote for.

"

aye.

Opposeds say no, passes on a
vote of 6-0 with council member
spelman off
the dyas.

I think that brings us to our
2:00 o'clock zoning cases.

>> Thank you mayor and council,
I am greg guernsey, planning and
review department.

This is where the public hearing
is open and there is possible
action and these are the items
that I will offer for consent,
first number is 88
02 and it is to adopt
three, residential design fools
area wide and parking placement
and impervious structure for
single family and garage
placement and single family
front porch placements extending
for new single family
construction and existing single
it is recommended
to you by staff and the
commission for consent of
approval all three readings, and
then number 89c14-2012-0057, for
the north loop neighborhood
planning area to add design
tools, they were recommended to
you to grant for the adoption of
the design tools by the planning
commission and this is ready for
approval on all three readings.

The next one is 90,
c14-2012-0051, fell ter lane and
the staff is asking for
postponement and 91, is
c14-2011-0165 for the property
on 2108 east 51st street, this
is a combined interest
centurying and the plan is to
combine multi-family residence
low density neighborhood
planning or mf2-np combining
district zoning.

This is asked for approval on
all three of these.

If you have any questions, i
will be happy to answer them.

so excuse
me the consent agenda is to
close the public hearing and
approval items 88 and 89 on all
three readings and postpone 90
until september 27 and close the
public hearing and approve all
three readings item number 91.

Council member martinez moves
approval.

Second by pro tem cole.

"

aye.

Opposed say no?

Passes on a vote of 6- 0 with
council member spelman off the
dyas.

>> Thank you.

and i
believe city clerk, 72 and 86
are dis -- are disposed of, i
believe that brings us with all
items completed until
4:00 o'clock.

We are recessed until
4:00 o'clock.

Orpheus, suns of orpheus,.

>>>
>

>> I would like too
reconvene this meeting of
the austin city council.

We are on item no. 92.

Which involves a public
hearing to consider an
appeal.

Before we open this hearing,
are there any requests for
postponement or issues
outstanding that anyone
would like to raise?

Hearing none, we will have a
brief report from city
staff.

Mr. guernsey?

12450 Good evening, john
McDONALD WITH THE
Residential review section
of planning and development
review, the appellant
richard and andrea stoveall
are appealing the rdcc
denial of a modification
request to increase the
2%
above the maximum allowable
of 40%, granting the appeal
would allow the applicant to
have a floor to area ratio
2% or 5,335 square
feet where the maximum far
6
square feet.

The appellant challenges
that the residential design
and compatible commission
decision's to deny the
increase the floor to area
ratio based on 10 reasons
that are summarized.

It's separate structure and
does not add any bulk to the
existing house, the
accessory building is not
visible from the street
therefore it does not impact
the street scape, accessory
building is only visible to
two neighbors who submitted
written letters in support,
accessory building is
situated far from my
property lines and does not
block light, air flow, nor
views from any neighbors,
accessory building has
surrounding retaining walls
that make it blend in
visually.

The building is designed
with the architectural style
of the existing home and
follows the same architect
architectural style for
neighborhood.

The accessory building does
not include air and would
not increase street parking.

The floor to area ratio
would remain under the 5%
increase.

I think that may be a typo.

50%.

The accessory building
solves a unique need
including people's safety
whereas the need cannot be
solved with the existing
footprint of the house and
the bathroom being added as
an accessory building would
not set any precedent as
subchapter f allows for
granting modification to a
project with reasonable need
and with a reasonable
harmonious design.

>> Thank you, mr.

McDONALD.

Do we have a presentation by
the applicant?

Coming on down.

Please state your name.

>> My name is ellie
[indiscernible]
I'm here on behalf of
stovall of 1807
stanford lane and jeff
howard will follow me up and
have something to say as
well.

We have a packet of images.

For each of you.

So we are here to request a
waiver to increase the
allowable floor to area
ratio in order to build a
132 square foot detached,
unair conditioned accessory
one story structure.

To serve as a poolside
bathroom and storage area.

This proposed bathroom is
important for the family's
safety and their neighbor's
safety.

And the structure has been
designed in full compliance
WITH the McMansion codes
criteria for general
modification waiver.

The slides on the screen
will correspond to the pages
in your packet.

Page 1 shows the front of
the house.

And an aerial indicating in
yellow the location and size
of the proposed bathroom.

Is this how I forward?

Page 2 shows a recent image
of the back yard.

Please note that we have
proceeded to this point in
construction after many
consultations with
residential reviewers and
city inspectors, that --
that we would have believed
that this bathroom is
permissible because it's an
accessory building under 200
square feet by code it
doesn't require a permit.

Page 3, shows the route from
the pool to the only
existing downstairs
bathroom.

The stovalls want to have a
bathroom that would be
within earshot and within
sight of their pool for the
safe of children.

Without this, each time a
child needs to go to the
bathroom, every child would
need to get out of the pool
so that the supervising
parent could go inside with
the child.

Even if a person were -- who
is needing to go to the
bathroom were old enough to
go alone, the interior floor
surface is in staircase on
the way to the inside
bathroom are slippery when
wet.

401.2 Increase in far.

Page 4 shows an image of the
proposed solution.

It's a small accessory
structure built into the
retaining walls.

And it would contain a sink,
a toilet and a closet.

Page 5, shows why a pool
accessible bathroom could
not be integrated into the
existing footprint of the
house.

There is one area where --
wherein the house where a
pool accessible bathroom
could fit, shown here in
blue.

But not without trenching
through the critical root
zone of a charitably oak
tree and a heritage magnolia
treat.

We have also brought a
letter from an architect
supporting that.

Page 6 shows in red the city
approved sewer line.

From the proposed bathroom
location.

We did meet with michael
[indiscernible] the city
arborist along with the
stovall's arborist on site.

The only route that they
approved runs along the
north side of the house
because it does not go
through any critical root
zone.

Please see pages 7 and 2 for
more of the bathroom design
and how it goes with the
contour of the site.

This bathroom meets all of
the stated approval criteria
from subchapter f to qualify
for a general modification
waiver.

These are the same criteria
that john mcdonald just
listed.

That is a separate
structure.

It won't add any bulk to the
existing house.

It's not visible from the
street.

It's visible to only two
neighbors, both of whom have
written letters of support.

It's situated far from
property lines and doesn't
block light or air flow or
views.

It's built into the back
retaining wall so it's
subtle.

It's designed in the
architectural style of the
house and in harmony with
the architectural styles of
the neighborhood and many
houses in the vicinity has
accessory structures or are
already over far.

It would not be air
conditioned and would not
have any impact on street
parking.

The resulting far would
remain under point 5.

It solves a unique need
including people's safety
and this need cannot be
satisfied with the existing
footprint of the house.

And this bathroom would not
set a precedent as john
McDONALD STATED, IT IS
Following a precedent as a
subchapter f codes allows
for granting a waiver to a
project with a reasonable
need and with a reasonable
and harmonious design.

We respectfully ask that you
grant the modification
waiver for this bathroom.

Thank you.

>> Cole: Thank you,
ms. ellie.

If there's any questions --
I would have called you by
your last name, but i
couldn't say it.

>> I couldn't say it at
first, either [laughter]

>> Cole: Thank you, if
there's not any questions,
jeff
howard in support of the
appeal.

>> Thank you, mayor pro tem,
good endanger auto, council,
my name is jeff howard, I'm
here on behalf of the
owners.

richard stovall and his
wife andrea.

They have three small
children.

This is their home and
they've put down roots here,
bought the house after it
was built.

They bought it in 2010.

The house as originally
built in 2004 has .47 far.

It was not required to
COMPLY WITH the McMansion
ordinance at the time it was
built and this proposed 132
square foot structure will
012
excuse me far.

To the building.

As -- as was stated, the
McMANSION ORDINANCE
Specifically allows
modifications to the far.

This is something that
current code allows and in
fact staff directed the
applicants here before the
residential design
commission.

There are a series of
factors or criteria that are
set forth in the code for
granting a modification and
this request complies with
all of them.

Those criteria are
compliance with neighborhood
design guidelines,
consistency with street
scape, consistency with mass
and scale and proximity of
structures, impact on
privacy of adjacent rear
yards and topography and lot
shape.

As those slides clearly
demonstrated, the outdoor
bathroom is not visible from
the street scape.

It is one story so it does
not impact privacy.

It's not air conditioned.

So it's not habitable.

It is located towards the
rear of the property line
but in the center of the
property, so it doesn't have
any impact on views or light
or air of the adjacent
properties.

It's built in the back,
topo, so it's actually not
visible from the rear
property, the rear property
has a -- has a privacy fence
or wall that's much, much
higher and screens this --
this building.

So for those reasons, it
ets all of the criteria of
the residential design
commission.

Or excuse me of the
McMANSION ORDINANCE FOR
Granting a modification to
far.

When it went before rdcc the
vote was three votes in
favor, two against, that's
why we appealed.

We didn't have enough
commissioners to get to the
four votes and so we had to
appeal.

I want to quote briefly what
burkehart said, the
chairman, he said I'm of the
opinion that the request in
this case is extremely
modest based on the scale of
the property and
neighborhood, it does not
damage.

It's not contributing to
anything of the things we
are concerned about.

I strongly support granting
the request in this case,
later, when it was discussed
what the intent of the
McMANSION ORDINANCE WAS
And some of the things that
folks who worked so hard on
that ordinance were
concerned about, he went
further and said if this
were a request for
additional mass in the house
and the structure itself, i
would say I agree with you,
but this isn't.

This is 130 square foot
single story, unconditioned
out building, this is not
the kind of thing that
concerns the reason that we
all came together, meaning
the McMansion ordinance.

So if there are any other
questions I would be happy
to answer them, but we would
respectfully request that
you grant the appeal and
grant the moves as
requested.

-- The modification as
requested.

>> Cole: Thank you, mr.

Howard, any questions,
councilmember martinez?

>> Martinez: Yeah, mayor
pro tem I'm going to move
approval of the appeal.

>> Cole: Councilmember
martinez moves approval of
the appeal.

And councilmember morrison
seconds.

Is that to close the public
hearing, also?

>> Martinez: Yes.

>> Cole: Councilmember
morrison.

>> Morrison: I want to
comment real briefly.

I know this council has been
very careful about granting
appeals and I appreciate
that because union the
McMANSION ORDINANCE IS
There to deal with something
burkehart mentioned
was very clearly as an
issue, I agree with mr.

Burkehart that this was
modest, one of the things
that I look for in
particular in granting an
appeal or looking at a
situation that I think is
most important is are there
mitigating factors, is this
adding to the mass that we
were trying to deal with.

And the fact that it's built
into the back retaining wall
and especially that it
doesn't impact the privacy
that was another issue that
we're having, privacy being
impacted with big looming
buildings over people's back
yards, I think this is a
very good example of when we
should allow a waiver.

I do have a question for
staff.

IF I MAY, MR. McDONALD.

There -- the reason that i
want to ask a question of
staff is because I think
that I heard that -- that
the applicant when they
first went to -- to look at
building this, they were
told that they don't need a
permit because it's under
200 square feet.

But on the other hand, they
did need a permit because of
something else.

Is that -- so we -- we
probably didn't get a good
comp helpsive look and a
comprehensive answer to them
in the first place.

Is that an accurate
assessment of what went on?

>> Yes, they went to pull
the plumbing trade permit
from the permit center, they
were told even though it's
under 200 square foot and
it's exempt from a building
perm, when you have plumbing
associated with a structure,
the exemption no longer
applies as far as from the
size standpoint of being
under 200 square feet.

>> Morrison: So when did
they find out there was
going to be an issue with
the far?

>> When they came over to my
section and filled out the
application and had to put
in all of the gross floor
area numbers, we saw that
the site was over on far.

>> Morrison: I see, okay.

Because it sounds like
having a one stop shop we
are hoping that people
really can do sort of one
stop and understand that --
what all of the requirements
are.

Do you think that we've got
that in place or was there
some disconnect in this
case?

>> I think we've got it
under control.

I mean, it's understood,
even though it is a smaller
building that there are
requirements that have to be
met for -- for ceiling
heights and bathrooms and
such as that.

I think maybe, possibly,
there is a situation where
the person that tried to
pull the plumbing trade
permit may not have known
and just went straight to
pull a plumbing trade only
without the building permit.

>> Morrison: Great, thank
you, I am fully support i
iveof this appeal.

>> Cole: We have a motion
on the floor and a second.

All those in favor say aye.

>> Aye.

>> That motion passes
unanimously on a 5 vote with
councilmember spelman and
mayor pro tem -- I mean
mayor leffingwell -- mayor
pro tem included in the vote
and mayor leffingwell off
the dais.

Next we will conduct a
public hearing and receive
public comment on the --
93, which is the
proposed increase for the
drainage fee of the
watershed protection
department.

Does staff have any
presentation?

Can -- victoria, can you
come up a second and answer
some questions.

We do not have any speakers
on this item.

Victoria, I simply wanted to
ask what is the proposed
amount of the increase?

>> The proposed amount is 60
cents per equivalent
residential unit.

>> Cole: And when did we
last have an increase in the
drainage utility?

>> For year -- for last
year, fiscal year '12 and
fiscal year '11, we did not
have any increase.

So it's two years ago.

>> Cole: Two years ago.

Okay, are there any
questions, colleagues?

I'll entertain a motion to
close the public hearing.

Councilmember morrison makes
the motion to close the
public hearing.

Councilmember martinez
seconds that motion.

All those in favor say aye.

>> Aye.

>> That motion passes on a
vote of 5-0, with mayor
leffingwell and
councilmember spelman off
the dais.

Thank you.

>> Thank you.

>> Cole: Thank you,
victoria.

Next we will conduct a
public hearing to receive
public comment on the
proposed rate and fee
changes for the water
utility.

And we have two citizens
signed up to speak.

Linda salaman, please come
forward.

>> Good afternoon, my name
is linda solomon, I live in
west minster glen, which is
a neighborhood whose water
utility or delivery system
was recently acquired by
austin water.

And I've had extensive
discussions with people at
the water utility, including
going to a community forum
recently held out in our
area as well as speaking to
them live and actually
someone from the water
utility come to my house to
do an evaluation for
conservation purposes.

The reason that I'm here is
because although I think
council with the best of
intentions developed a rate
scheme to support
conservation, may have
overlooked inadvertently
people who live outside of
the city who have different
residential situations and i
would just like to highlight
that so for future
consideration you can take
that into account because in
my discussions with the
people at the water utility,
both in finance and at
public affairs and in the
conservation area, all of
them admitted that we were
basically an oversight.

So we have been hit with the
highest possible rate
increase, close to 85%.

We had a young man from the
city of austin water come
out and everything he
suggested that we do, we
were already doing.

We've moved to drip
irrigation, we have low-flow
toilets, we are airators on
water systems, we have
turned off the auto fill on
our pool, we've -- he was
really great and did a very
thorough job.

We water less than is
suggested.

So instead of watering
weekly we water twice a
month.

Ful and we completely turned
off the water in our back
yard, which is now
completely dead.

And I also back up on a high
fire area, I back up to
balcones canyons land
preserve.

Within four miles of the
steiner ranch fires last
year.

So it is crispy in my back
yard.

What I'm asking you to
consider is for people who
live on large lots, but are
already doing everything and
more than is suggested by
the water utility, that
perhaps your rate structure
is punitive.

And instead of coming here
with no ideas, I'm trying to
come here with something --
we already conserve.

So what I'm trying to do
here with is a suggestion,
maybe you've got others
which would be very welcome,
but the young man that came
out to our house said
"

what if like a tax appeal
for someone in my situation,
you were to give a rating
from a zero to 10 and if we
are serving at a nine then
there's some sort of a
break.

Because we live in an area
that the city has zoned one
acre minimum lot size, we're
on septic systems.

And it is -- [buzzer
sounding] -- I guess I'm out
of time.

>> Cole: Why don't you go
ahead and finish your
thought, linda.

>> In conclusion, many of my
neighbors could not be here
today.

People are concerned and
quite frankly a little
upset.

Because we feel like we're
being penalized where we
have done nothing different
and if your own people at
austin water are saying that
you are doing a good job and
you are conserving and we
are not even watering 20% of
our yard, then is the heyest
rate structure really
appropriate?

I understand you are driving
conservation, it doesn't
take into account if you
live on a large lot and are
conserving.

>> Cole: Thank you.

>> It just isn't addressed.

>> Thank you, ms. solomon.

Our next speaker is benjamin
jacobson.

>> Good afternoon, my name
is benefit jacobson, i
live -- ben jacobson.

I live in west minster glen
as well.

There's been a change in the
ownership of our water so
the community as a whole is
concerned.

I, too, conserve water and i
think that the situation
that has been put in front
of us is that we are being
penalized for using too much
water, that's the way the
structure was set up.

But I think that somebody
needs to take look at the
community average water
usage.

Like linda mentioned, we
live on larger lots, and i
am a family of move, we use
water, we're getting
penalized for that, it's
really just to bring
attention to the right
people to take a step back
to look at the situation,
our community as a whole, is
being penalized and -- you
know, it -- it's concerning
to me that -- that it's a
one-size fits all for
everybody and I think that
there's some really good
changes that can be made and
so for somebody who does
conserve, I need help.

I need help on how do i
maintain the cost structure
and -- and that that has
been established for many,
many years in the community.

And so -- just I'm really
here to bring awareness and
also to -- also to hopefully
get some forward progress
for our community.

Thank you.

>> Thank you, mr. jacobson.

>> Cole: If there are not
any questions, I will
entertain a motion to close
the public hearing on the
proposed -- so moved by
councilmember martinez,
seconded by councilmember
morrison.

All those in favor say aye.

>> Aye.

>> Cole: That motion
passes on 5-0 with mayor
leffingwell and
councilmember spelman off
the dais.

Next we will take up agenda
item 95 to conduct a public
hearing and receive public
comment on the city of
austin 2012-2013 proposed
budget.

Council will hear more
public comment on the
proposed budget on august
30th, 2012.

The first speaker that we
have is stewart hersch,
please come down, stewart.

>> Thank you, mayor pro tem
and members of the council.

My name is stew hart harry
hersch, like most in austin
I rents, as usual I am
solely responsible for the
contents of this message.

I have proposed several
budget amendments based on
the information that's
available on the budget
website and all of the
responsive information that
I have received in the last
week under my open records
request that I discussed
with you last week during
testimony.

First amendment is one
million for the go repair
program so that the current
budget measure, which calls
for only 26 homes being
repaired can be increased.

The way to fund that is
$602,132 from the housing
trust fund and $397,868 from
the building permit windfall
revenue that based on open
records will be coming in
that and in excess of that
between now and the end of
the fiscal year.

The second budget amendment
is to fund $600,000 for
planning studies, so that
the housing investment that
we do next fiscal year meets
federal requirements, local
market conditions and
council priorities.

I recommend you take that
from the code compliance
budget, since code
compliance strategies need
to align with housing
affordability goals.

If you take the 602,000 from
the housing trust fund, for
home repair, then that will
leave you with a deficit of
550,000 for the nhcd staff
that was going to be mostly
paid for out of the housing
trust fund under the
proposed budget.

I recommend that you spend
557,000 for nhcd
construction, inspection and
monitoring staff, take that
from the code compliance
budget so that city code
requirements for property
maintenance and in
compliance are met using
available funds for code
compliance.

The fourth item doesn't
require a budget amendment.

It's just to confirm that
weatherization and holly
repair funds will be
available for home repair
and improvements in the next
budget year.

I can't find them in the
draft budget.

Hopefully they're there
somewhere and I can't see
them.

And then if you do all of
that, you can reprogram
$400,000 of community
development block grant
budgeted for the general
obligation repair program
that won't need to be spent
for that, that could then be
made for permanent
supportive housing in very
high and high opportunity
areas to promote your
geographic dispersion
policy.

In addition to that, I'm
back again this week, not as
a representative of
mexic-arte museum, but just
because I identified some
funds to help them out.

I think that you will find
that there's building permit
and plan review windfall
revenue in the current and
next budget year that could
assist.

Currently you are collecting
447 hotel occupancy tax fees
for hotels, motels and bed
and breakfasts [buzzer
sounding] and you could --
but we're only licensing
155.

>> Cole: Thank you.

>> The rest of my
suggestions are on your
sheet, I really appreciate
your patience with me and
hopefully you can
incorporate some of these
creative suggestions as you
adopt the budget.

Thank you very much.

>> Cole: Thank you.

Laura presley.

[One moment please for
change in captioners]

>> one of the things that as
a body the council's
evaluating property rate
increases because of this
increased expenditures and
the need for the extra
dollars for the budget.

It's interesting in the 2012
budget that thing is about
1400 pages, we had a good
list of budget cuts and
savings for 2012.

Nowhere in the new budget is
there such a list.

I think it's interesting if
you compare them both, 2012
to 2013, the budget cuts and
cost savings category is
missing.

And that's a little
concerning as a citizens
when you're looking at
raising my property taxes,
my property tax rate.

Part of the largest
expenditures is the amount
of bond debt that you just
approved for today.

It's about 15.5 million.

That is the largest increase
from last year, and that's
pretty consistent with other
years where you've had bond
issuance and we have to
absorb that interest and
that -- payments for those.

This is my problem is where
are the cost savings?

We've heard the city manager
say before we do cost
savings constantly for large
departments.

Where is that?

It's missing.

And I would propose that you
guys set the policy -- this
is not the first time I've
said this.

I've said it for months.

You guys need to set the
policy for cost reductions,
a goal for austin energy and
for the water utility, the
large departments that you
are over.

And if you don't set that
policy it won't happen.

You have to set a bar and
set expectations for that.

And as leaders we need to
you do it.

We cannot continue these
property -- property tax
increases.

We're seeing it all across
the board.

Central health district is
doing it.

We've got the county doing
it with the
200-million-dollar
courthouse that's going to
be on deck for the november
election.

We've got more bonds that
are coming up.

People cannot handle this.

We need your help.

We need to find the waste.

There's clearly waste in
government.

Let's find it and you guys
set the policy and goals for
us to do that and cut it.

Thank you.

>> Cole: Thank you, laura.

Next we have janet barkley
buhur.

Correct me on your last name
if I got that wrong.

>> Thank you, mayor pro tem.

My name is janette barkley
buhur.

You did pretty good.

>> Cole: Thank you.

>> Thank you,
councilmembers.

I'm here representing again
the southeast austin
combined neighborhood plan
contact team.

And let's see, there's the
little slide.

And 78744 is within that
area.

And of course 78744 is one
of the major roads to the
new airport.

Our concern, the contact
team's concern, number one
concern is safety in the
area because the crime rate
since 2000 has shot up 61%.

And most of the crimes or a
good number of the crimes
are crimes against people,
they're violent crimes.

So the residents don't feel
safe.

So we're asking that in the
new operating budget the
city include enough money to
have increased police
attention to the 78744 area
to include a police
storefront in the heart of
78744, somewhere in the area
of the dove springs
recreation area, help with
the neighborhood watch
effort that the community
now is building in that
area.

Can we flip slides?

And also have bicycle police
in the community to so that
there's more one on one
contact with individuals in
the community.

While the crime rate has
shot up 61%, the police
storefront that was there
was pulled out in the early
2000's and the population
has increased 38%.

So now there's in the
neighborhood of 50,000
people in that area.

So we asked the city to do
its part and to help the
community get its crime
under control.

And we ask for increased
police attention and
responsiveness in reducing
the crime.

Thank you very much for your
time.

Thank you, councilmembers,
for your public service.

And also thank you for
adding an expansion, small
expansion of the dove
springs recreation center
and improvements in parks in
the area in the bond
package.

>> Cole: Thank you.

Yes, councilmember morrison.

>> Morrison: I just wanted
to mention that yet at our
work session on the budget
when we were going through
budget, I don't
know if you had an
opportunity to see, but we
had quite an extensive
conversation with the police
chief and chief mcdonald
about storefronts and the
suggestion of storefronts.

And let's just say they were
pushing back a little bit,
but what we ended up doing
is coming to the conclusion
that we need to get down
there and visit and talk
about what's really going on
and see if we can't find
some ways to deal with it.

So you will be seeing some
folks show up pretty soon.

>> Thank you very much.

>> Morrison: Thank you for
really trying to raise the
issue and all the work you
and your neighbors are
doing.

>> Thank you very much.

Thank you, council.

>> Cole: Thank you.

Council, I wanted to let you
know and the public know
that mayor leffingwell had a
family emergency, but he
asked that we continue and
that he plans to be back.

Next is mr. bob nix.

I didn't see bob.

Next after bob we have gus
pena.

Next we have aleta banks.

>> Mayor pro tem,
councilmembers, aleta banks,
speaking on behalf of asian
contractor association.

If you remember on
april 26th the council voted
unanimously to adopt a
,
wbe advisory board to
increase the minority trade
associations.

And item 1 on the resolution
states, and I read, there is
a disparity in funding among
service provider contracts
by smbr and by egrso.

And there should be an
increase in funding for the
minority trade contractor
associations based on a
graduated scale of yearly
increases throughout the
life of the service
agreement, with the
agreements having a minimum
of three years with one year
options.

That was item number 1.

But in this year the new
proposed budget, the city
did add $5,000 to each of
the three minority trade
associations, using the
leftover fund from the
previously terminated
contract.

But this amount is really a
far cry from what we have
requested, at least from the
asian contractor
association.

We have requested --
actually, we needed $120,000
to -- in order to service
our multiethnic asian
community.

Since -- just give you a
little background.

Since 2001 the asian
contractor association has
received a yearly contract
of $45,000 from the city of
austin to provide outreach
program to a multiple group
of peims in the asian
community suchs the
taiwanese, vietnamese,
koreans and indians to name
a few.

And since 2001 there has
never been an increase in
our funding or any important
adjustments to our program
to keep up with times and
community needs.

And we found in the survey
in 2010 from our contractors
that they do desperately
need technical assistance to
help them step by step, to
walk them through the
procurement process.

Such as documentation,
bonding, technical
assistance such as the
regulations and ordinances,
how to come up with
different documentations,
documents.

And other topics such as
planned reading and cost
estimating, but current
funding is really limited to
only outreach.

And the outreach endeavor
and only to very limited
groups as well.

And also compared to other
cities service providers who
received steady increases
year after year, the trade
associations -- sorry.

>> Cole: Go ahead and give
you your thought.

>> Including the asian,
black and the hispanic
contractors associations are
singularly left behind.

,
wbe program is to redress
the racial discrimination in
contracting activities by
the government, the city can
start with the trade
associations in my opinion.

So I'm here to ask for your
support.

>> Cole: Thank you.

carol
hadnot.

There she is.

>> Good afternoon, mayor pro
tem and councilmembers.

Aleta has pretty much
covered everything that i
was going to cover, but I'm
here to represent all of us,
the minority trade alliance,
which is made up of the
asians, the african-american
and hispanic contractors.

And we are here to request
additional funding for
fiscal year 2012 and '13.

We requested this earlier in
the year and submitted our
proposed program and
justification as well as
dollar amount for funding to
smbr.

And we found out later that
it declined our
request.

And we don't know who
management is because we're
not told who they are.

But we are requesting
additional funding.

We have not had an increase
in 10 years.

And if you would look at the
handout material on page two
you will see the disparity
in the funding.

And on page two you would
see what we each are
requesting.

And additional the pwbe
advisory economy did request
that they would do a study,
an assessment.

The assessment was done, but
it was flawed because it
truly did not reflect what
the trade associations
provide.

All we're asking is a rate
of return on our tax dollars
back on our community to
help develop and grow our
businesses, give them the
tools and the skill sets
that they need to compete
for contracts.

And when we had this once
before a few years back, you
didn't see us down here
because we were doing much
better.

But now since we have not
had an increase you can't
fire hire people to do the
estimating and give the
legal advice that's needed
to negotiate contracts to
mediate issues.

So we're asking respectfully
that you restore -- increase
our funding to the amounts
that we have requested.

And thank you.

>> Cole: Thank you.

Mr. harris, rb harris?

I don't know if that's an
error.

Mr. harris?

There's no mr. marris.

Next we'll hear from juan
erwardos.

Can you say it for me when
you get to the mic?

>> Juan (saying name) good
afternoon, mayor pro tem and
councilmembers.

hispanic
contractors association and
I'm also here in support
with my colleagues to look
for additional funding.

And all we have in mind is
to get some parity in
funding with the other
organizations that deliver
educational services to
their constituents and to
their membership.

We have a rare opportunity
to invest in a community of
contractors that we don't
really show a good practice
of investment over the
years.

We've not had any funding to
speak of for the last 10
years, and last year i
conducted some classes that
had to do with just how to
read city plans.

We have contractors that
cannot access city plans
because it's extremely
difficult to look through
spec books and plans and
we're not there to teach
them how to be contractors,
we just want to teach them
how to maneuver and
negotiate a project when
they're looking at volumes
of specs and where to go and
what to do and what to do
next.

So these classes are very
needed and very necessary.

The more contractors we had
that can access city
projects, the more economic
development happens.

The more people they can
hire.

And they fuel the economy.

So and so it's a thing to
invest in our contracting
community.

And as my colleagues have
said, we do have a need of
different services for our
constituents.

I also did some leed
classes, environmentally
friendly leed classes, which
many of our contractors
don't know about.

They're usually at the very
end, at the tail end of
movement in construction and
leed of course is very
important.

And they don't know the
first thing about it.

They don't know where to
look, what it means, who to
work with.

So it was a very good,
successful pilot program.

But we need support to hire
the people that can actually
give us the time to spend
and teach our contractors
how to build green.

And so there are many other
services that our
associations need and we
hope you will consider
getting some parity for the
contractor associations for
the city to support our
contractors.

>> Cole: Thank you.

Next we have tom smith.

Mr. smith, are you here?

>> Good afternoon.

My name is tom smith.

I'm better known as smitty,
director of public citizens
texas office.

I'm here to talk very
briefly with you all today
about the austin energy
budget and the solar
provisions within that.

As you recall, several
months ago you all created
something called the local
solar advisory committee.

And you asked us to come
back to you with a
recommendation on how much
we should set aside in the
budget for this next fiscal
year.

And then you gave us a
deadline of october 1st to
complete our deliberations.

Unfortunately figuring out
how much we need before
we've had a chance to
complete our deliberations
and clean programs has been
somewhat daunting, so what
I'm here to do today is to
report to you quickly on our
interim progress and say
what we would like to do is
ask you all to put a place
holder in for $10 million.

We think that would get us
10 megawatts of solar, up
significantly from the
approximately four megawatts
of residential solar we're
getting right now, and
really take advantage and
harvest a lot of the
commercial solar that is
potentially available out
there and utilize the
federal tax incentives.

Now, when we look at what
we're spending currently and
in this remarkably small
chart at the bottom, which i
may not be able to read
because I didn't bring my
classes, what you find in
the middle column is that
our current expenditure
rate, about a third of the
way down there on
residential at current burn
rates is about $5.6 million.

What austin energy is asking
for next year is four
million dollars for all the
solar programs.

Then in addition about
250,000 for the projects
currently being proposed for
commercial solar.

And for that we're getting
about six megawatts instead
of the 10 we're hoping to be
able to get next year.

We were told this is the way
we budget commercial is for
the payments or the
production incentive
payments on an annual basis
as opposed to the full value
of those over a 10 year
period of time, which would
be about $3.5 million.

And there was a lot of
question as to whether that
is truth in budgeting.

This is to say what you
think what the real budget
would be is real close to
10 million if we looked at
keeping our current
expenditure rate for solar
6 for residential and
the three million for the
commercial plus a little bit
of a bump.

How are we going to do all
this, get 10 million and
stay within the budget
numbers.

We believe and have had a
discussion that the
incentive programs can and
should be adjusted down, as
we think the price of solar
will drop significantly --

>> Cole: Can you get to --
why don't you go ahead and
close it.

>> I will.

And we will be back to
propose to you some changes
in the commercial solar
program that allows us to
harvest far more money.

For the moment we're asking
for a place holder of
$10 million just to make
sure that we can do all
these things and get the
right budget numbers
truthfully in here to talk
about what this program is
going to be costing us.

Thank you for your time.

You have three minute.

>> My name is julio trevino.

Thank you, mayor pro tem and
council person, thank you
for taking the time.

I'm here in support of the
association -- the the
austin black contractors
association and the hispanic
association.

I'm a contractor and I'm a
disabled veteran and I had
one job with the city of
austin and I have not gotten
paid for the last four
months.

But if it wasn't for these
people I would have lost
this money already.

They've supported me, helped
me out for the last four
months and they walked me
through the points that I've
had to do, whether it's
00 at
night.

They don't get paid to do
all this, but they're out
there supporting this, the
contractors.

I'm not the only minority
contractors having these
problems.

These contractors come from
out of state, they come out
here and they just abuse us
minority contractors.

And if -- with this raise
that hopefully they get, we
could probably get an
attorney that will help us
hispanics and blacks.

And minority contractors.

>> Cole: Adrian moore.

Thank you, mr. trevino?

>> Yes, good afternoon,
mayor pro tem and
councilmembers.

Adrian moore director on the
council of at risk youth.

I would like to talk about
delinquently presentation,
drug abuse prevention for at
risk kids.

I had an opportunity to
speak before the austin
public advisory committee on
six occasions from december
to may.

I summarized some of those
comments in a letter to you
in june of this year.

The highlights there are
that we have a serious
number of school age
children that are arrested
each year.

On average we've had 18,000
kids coming into the
criminal justice system.

That's a problem.

We need to prevent that.

Secondly, we know based on
recent research that the
minority of all kids who go
into the criminal justice
system all pass through our
school disciplinary system.

The gateway into the
pipeline to prison.

We can do something about
that.

Thirdly, I shared there are
any number of imminence
based programs, science
proven programs that prevent
blink went si, -- present
delinquency, prevent youth
violence.

We've had numerous
independent evaluators over
the years, five of them.

Carey programs work, they
turn things around, they
reduce violence, they reduce
serious delinquent kinds of
activities.

We need to look forward in
the future to building a
youth violence prevention
infrastructure prevention is
less costly than criminal
justice.

We have an excellent
criminal justice system,
however criminal justice in
austin, texas, around the
country, is a mop-up system.

It occurs after the fact,
after the crime has been
committed.

We know who the kids are who
are going to commit the
crimes, we know when they
arrive in our school
disciplinary system.

We have evidence-based
programs that carey has
demonstrate and proven can
work collaboratively with
the austin independent
school district.

We need to invest in
building that infrastructure
for early intervention for
pregnancy and youth
violence.

We do want to prevent crime.

We can do that.

It's achievable.

It's far less costly than
criminal justice.

So I encourage the council
to let's look forward in the
next year or so to working
to looking at ways and means
to develop that prevention
and intervention
infrastructure.

Thank you very much.

We appreciate your support
for these past eight years.

>> Thank you, mr. moore.

>> Cole: That concludes
all of our speakers on item
number 95, the city of
austin's 2012-2013 proposed
budget.

Council will continue to
receive public comment on
the proposed budget on
august 30th, 2012 at
and will vote to
adopt the budget of
2012-2013 at the annual
meetings here at the austin
city council chamber.

These meetings will begin at
on monday,
SEPTEMBER THE 10th,
Tuesday september the 11th
and wednesday state
representative 12th.

I will entertain a motion to
recess today's public
comment portion of the
budget hearing and that
motion was made by
councilmember martinez and
seconded by councilmember
tovo.

All those in favor say aye?

That passes unanimously with
mayor leffingwell and
councilmember spelman off
the dais.

I move to recess today's
public comment portion of
the budget hearing.

I will entertain a motion to
recess today's.

Moved by councilmember
martinez and seconded by
councilmember morrison.

All in favor say aye.

Now the budget hearing is
recessed.

Next we have item number 96,
which is a public hearing to
receive public comment on
the proposed rate and fee
changes for austin energy.

And we have linda solomon
signed up to speak on austin
energy.

Linda, are you still here?

Next we also have benjamin
jacobson signed up to speak.

And we also had tom
smitty -- tom smith, which
is smitty.

There are no further
speakers, so I will
entertain a motion to close
the public hearing.

That was moved by
councilmember martinez and
seconded by councilmember
morrison.

All in favor say aye?

That motion passes
unanimously with mayor
leffingwell and
councilmember spelman off
the dais.

Next we have item number 97,
which we will take up to
conduct the first of two
public hearings to receive
comments on the proposed
maximum property tax rate of
50 cents per 100-dollar
valuation for fiscal year
2012-2103.

The second public hearing
on
august 30th here in council
chambers.

We have one citizen signed
up to speak.

Two citizens.

Casey ramos?

>> Council, thank you.

My name is monique drew.

And what I am here today to
share with you is the length
of time that I have spent
for the last almost 10 years
researching.

And I have found several
curious and disconcertingtuations that i
feel are
occurring with -- between
the tax assessor's office
and the -- and tcad as far
as deeds are concerned.

Some of these deeds aren't
even being filed for a few
years.

Which I find disconcerting.

The other thing that's very
shocking to me was while we
still had the reports, the
records, the travis county
record books, the original
books, alongside the wall on
I guess it was the fourth
floor of the courthouse, on
almost every one of those
volumes you can find an
tries that have been covered
up -- entries that have been
covered up with whiteout.

Some of these entries go
back into the 1800's.

It took them almost nine
months to move those volumes
from public access to behind
a counter where you had to
check them out.

The other thing that is
very, very disconcerting are
these official forms that
are mailed out to property
owners once a year that are
accessible at the tax
assessor office at the
terminal that the public
have access to.

It was in the printers
drawer.

A stack.

I don't know.

Does that make sense that an
official government document
is accessible to walkup
public?

Does it?

It's scary to me.

This!

>> Cole: I understand.

We generally don't make
comments, we just ask
questions.

I know it's kind of strange,
but go ahead.

>> I'm sorry.

So I just found a couple of
things that are really,
really strange to me, and
nobody has answered or
responded to this.

And one of these things was
a tax permit that was issued
to me in '98 with carol
keeton rylander's signature
and the same exact form,
same exact date.

Everything is identical.

John sharp's signature is on
that.

And I just happened to find
this, but it's perplexing to
me.

So it just seems like there
are a lot of deeds that are
not being --
[ buzzer sounds ]
-- properly --

>> Cole: Why don't you
finish your thought.

>> Thank you.

>> Cole: But a few
seconds.

>> Okay.

It seems to be recurring and
it seems to be going on for
a long time.

And it's going on with a lot
of documents, with death
certificates.

It's just rampant.

So I just wanted to share
that with you because i
think it's a dangerous
thing.

>> Tovo: Could I ask your
name, please?

>> My name is monique drew.

>> Tovo: I thought the
mayor pro tem called up
someone else.

>> She signed up for me.

>> Cole: Will you see the
clerk and get your name on
the record?

>> Yes.

And I also would just like
to say that I have volumes
of documents that have been
issued by agencies in texas
that --

>> Cole: The clerk is
waiting for you to give that
information.

Next we'll have ross smith.

>> Good afternoon, mayor pro
tem and council.

I'd like to call your
attention to an item that
ran in the paper earlier
this week regarding bonds
that have been approved by
the voters in previous years
and never issued.

One that I know that I've
read about recently is
bonding for improvements at
butler park, which
apparently went through back
around 1998 and that has
never been issued.

The reason the writer in the
paper suggested that you all
should get an accounting of
all of the bonds that have
been approved, but never
issued to make sure that
your current bond proposal
doesn't have any overlap.

And I think that would be an
excellent idea.

We don't want to be paying
twice for something.

The other reason is because
if the bonds were approved
years ago, a tax -- a
particular tax level was
also approved to cover those
bonds, but if they've never
been issued it means that
we've been paying for things
all these years that we have
not received.

And we should either get a
tax refund or the rate that
you are going to adopt for
the coming year should be
adjusted to reflect the fact
that we've been overpaying
for years.

So I suggest that you, if
possible, hold off on
setting the tax rate until
you get an accounting from
staff on what bonding
authority is already out
there waiting to be used and
potentially to be cancelled,
and what that effect would
have how much we have been
paying for that bonding
authority over the years
that has not been used.

And what -- how much the tax
rate should be adjusted in
order to account for that.

Thank you.

>> Cole: Thank you,
mr. smith.

That concludes our first
public hearing on the
proposed tax rate.

And that first public
hearing is now closed.

The next item we have is --
I'll entertain a motion to
close the first public
hearing.

That's the safe way to do
it.

That is moved by
councilmember tovo and
seconded by councilmember
morrison.

Let us move to close the
first public hearing on the
property tax rate.

All in favor say aye?

That passes on a vote of
five with councilmember
spelman and mayor
leffingwell off the dais.

Next we'll have to conduct a
public hearing to receive
public comment on the
proposed tax rate and fee
changes for the austin
resource recovery
department.

Councilmember martinez moves
to close the public hearing,
and that is seconded by
councilmember tovo.

The motion has been made and
seconded.

All in favor say aye?

That passes on a vote of
five with councilmember
spelman and mayor
leffingwell off the dais.

Next we have a public
hearing to adopt an
ordinance approving an
interim consent agreement
and I believe we have a
presentation by staff for
the rio devida municipal
utility district.

>> Thank you, mayor pro tem
and council.

My name is greg guernsey,
director of the planning,
development review
department.

It's for waiving certain
sections that relate to
interim consent ordinance
for the rio devida m.u.d.

is approximately
2,130 acres and it's located
in travis county, eastern
travis county, north of
colorado and on either side
of state highway 130 in
austin's e.t.j.

As you may recall back in
2011 city council approved a
resolution consenting to
special legislation that
's in
austin's e.t.j.

The texas legislature
es,
including this one, and
conditioned on the city's
entering into a consent
agreement with each m.u.d.

That would protect the
city's interest until
september 1st of this
year.

The city successfully
negotiated terms and entered
into consent agreements with
's earlier
this year.

And with the september 1st
deadline quickly approaching
and in consideration of the
fact that council was
ameanable to working with
last year,
today's action would provide
an opportunity to extend the
time for negotiations with
the rio de vida m.u.d.

Before it expires.

I would like to remind you
that similar to the other
's, full staff review
and board and commission
review and another council
hearing would be required
before the council
consideration of a permanent
consent agreement
would take place.

So this in essence would
basically allow them to be
in the same position that
they are today for an
additional period of time.

It does not necessarily
create the district by the
action on a permanent basis.

So with that I'll try to
answer any questions that
you may have.

There's a representative
here of the rio de vida
property and also legal
counsel is here if you have
questions about the more
technical documents.

>> Cole: Richard mcdonald
is signed up to speak, i
believe for the rioio
de vida property.

Councilmember martinez.

>> Martinez: I have
questions for staff.

Because I remember the
legislation and all the work
that we kind of joined in
and it was something i
worked on specifically
because we didn't want the
m.u.d.'s hanging out there.

We wanted it negotiated,
done and we created
specially a consent
agreement so that either
party -- it put a very high
level of ensuring that we
would come to an agreement
or something would happen.

So I wanted to ask about --
because I don't know that
the statute speaks to an
interim consent agreement
and I just want to know what
effect that has because in
my mind a consent agreement
means both people agree.

can move
forward.

hasn't gone
through the boards and
commissions process, it
hasn't gone through public
input.

And I just want to know that
we're not avoiding that.

>> I'm going to let sharon
smith with the law
department come forward and
she can kind of go through
those technical portions of
your question.

>> Martinez: smith, if
you could, can you briefly
explain to us why we're
asking asked to approve a
consent agreement?

I know that the one-year
date is approaching, but why
haven't we achieved a full
consent agreement in that
year?

>> I'm sharon smith with the
law department.

Since we adopted this
legislation there's been
litigation involving this
property and who is going to
be the utility service
provider.

And that's been continuing
on ever since then.

And since that's such a key
component of what an overall
consent agreement in the
terms might include, the
developer has not negotiated
anything further with the
city until the significant
question of who the service
provider is going to be.

We've initiated a
declaratory judgment action
to try to speed that along,
but we haven't been
successful so far.

So that's why we not only
haven't completed
negotiations, but haven't
started negotiations on this
in any kind of substantive
way.

>> Martinez: Is it a water
utility lawsuit or a
wastewater or electricity?

>> It's water and
wastewater.

The property is partly in
the ccn, the certificate of
agreement and necessary area
of southwest water company
and partly in the city of
austin's ccn.

policy
provides that the property
should be entirely within
the city's ccn or at least
served by the city of austin
and that's not the facts on
the ground at this time.

>> Martinez: Didn't we go
through a similar situation
with the creedmore ccn and a
with the
karma development?

>> Well, in that case the
developer was able to get
release from creedmore's
service area and be served
by us.

Southwest water's position
is that each if they got out
of southwest water's ccn
that they would be
prohibited from being served
by us.

So that's different.

>> Martinez: Can I ask
madera a couple of
questions, program?

Pam?

>> Pamela madera on behalf
of rio de vida.

>> Martinez: So give me a
sense of this lawsuit and
where you think it's headed
and how long this consent
agreement is going to sit in
place until we move forward
with something that is fully
planned and discussed?

>> Yes.

As for the lawsuit, the
lawsuit is between the city
of austin and southwest
water.

And so it's the city that is
actively working on that
lawsuit.

I can tell you that we are
very eager to see that
lawsuit resolved.

As sharon smith mentioned,
policy
requires the city of austin
to be the utility provider
unless council decides
otherwise.

is very
eager to be able to work
through the terms of a
permanent consent agreement
with the city of austin and
to work with staff and come
forward and go through the
boards and commissions
process.

And also ultimately to city
council to show the boards
and commissions and council
has the
extraordinary benefits,
superior development and
enhances other city
interests that is set forth
and required by the city's
m.u.d. policy.

Timing on the lawsuit, just
because it's difficult to
know how long a lawsuit will
take, is difficult to
predict, but I know that the
city is actively working on
that lawsuit and is eager to
see it move ahead just as we
are.

As for the time period, i
believe you asked to
negotiate a permanent
consent agreement.

I can tell you that the
is eager to work
forward on a consent
agreement and the terms in
an expedited manner.

So we are happy to go
forward just as soon as it
makes sense related to the
status of the lawsuit and
how that is proceeding.

Right now the interim
consent agreement provides
one year, so it's -- so it
would need to be completed,
a permanent consent
agreement would need to be
entered into by september
first of 2013.

And then I believe there's a
one-year -- the city has the
option for a one-year
extension.

>> Martinez: So when we
discussed this project
previously I recall it being
a full mixed use project
with commercial and retail
and in the ordinance that's
in backup it speaks only to
residential units.

Has the project changed?

>> No, the project has not
changed.

It's approximately
2,132 acres, including
3 acres of
colorado river and sh 130
frontage.

It is a mixed use project.

There have been no details
changed about the project
since the city last saw it
about a year, year and a
half ago.

It is a mix used project
with all of those aspects.

Not just residential.

>> Martinez: Thank you.

smith, so can you --
what assurance requests you
provide to the council that
this interim consent
agreement, one, provides us
the protections that we need
to have a full public
process as to what the final
development would look like,
and two, the assurances that
if we
don't achieve a full -- i
don't know what we're
calling it, a full
consent --

>> permanent consent
agreement.

>> Martinez: Permanent
consent agreement in 12
months?

>>

>> this is unique
legislation, let me remind
everyone.

It's unique to have
legislation that provides
for a drop dead date on a
district like this and to
condition that drop dead
date with the extension of
that on the city taking some
action.

So all of these things that
I'll be talking about are
matters of first impression
and based on the existing
law that we have and what we
think is the best path for
enforceability.

To our consent agreement,
the statutory language
provides that the temporary
director for the legislation
cannot hold an election
until the city has
consented.

And it also provides that if
the city does not consent by
SEPTEMBER 1st, THEN THE
District goes away.

So we're in a position of
trying to determine how to
extend that deadline.

The city cannot extend a
legislative deadline
unilaterally.

So what we're offering to
you is an ordinance that
consents to the creation of
a district, but sets a term
on the period of time that
the consent agreement
exists.

All consent agreements have
some term.

It could be one day, it
could be 10 years n our case
we're setting a one-year
with a one-year extension.

And it provides for
unilaterally termination by
any party on three days'
notice as well as other
terminations for cause.

And it also provides that
the district will be
dissolved upon termination
of the consent agreement.

Does that answer your
question?

>> Martinez: Yes.

One minor point.

The unilateral, dissolving
of the district, is that
with cause or --

>> without.

>> Martinez: It's without.

Okay.

Great.

Thank you.

>> Cole: Councilmember
morrison.

>> Morrison: Thank you.

Can you just remind us what
the usual process has been
's that
we've worked with?

I know we had --
(indiscernible).

>> A strategic partnership
agreement.

>> Morrison: As well as a
consent agreement.

And there were some
extensive conversations
about what was going -- what
community benefits were
going to be.

>> The way that works for
pilot knob and southeast
's, the
two major projects we
brought in nine districts
before you last spring, we
negotiated the consent
agreement last fall in 2011
you all set public hearings
for the consent agreement in
january and you took action
on the consent agreement in
march.

And that consent agreement
contained a number of
exhibits that had the
substance of what the terms
of the consent agreement
would be with respect to all
the components of water and
wastewater service, land
use, public safety and so
on.

So that was included in the
consent agreement.

The consent agreement then
required that the city and
the district ebb interia
strategic partnership
agreement.

So that was accompanied by a
limited purpose annexation
item.

So all in april set two
public hearing for the
strategic partnership
agreement because that's
required to do limited
purpose annexation.

And we entered into the
strategic partnership in
may.

>> Morrison: And I heard
guernsey, I think i
heard him say that this
doesn't actually create the
district, but I read it
differently.

It does actually create the
dimmit county, but it just
can't do anything.

Is that correct?

>> That's right.

And that's how the that's a
fine line in the way that
the district creations are
talked about.

Because the district was
created by the legislation,
but the district is not
really effect waited until
we've entered a consent
agreement.

In our case our consent
agreement is conditioning
that further on a permanent
consent agreement that goes
through all the processes
that we talked about before
with boards and commissions
and so on.

>> Morrison: Then one
piece of -- I don't know if
you all have the consent
agreement in front of you,
but one that caught my eye
01 where it's
talking about the permanent
board members may not be
elected until a permanent
consent agreement is
executed by the parties but
then it went on to say
meaning -- meetings,
organizational meetings and
conducting organizational
business, temporary board
members may not take any
action without prior written
approval of the city manager
or his designee, which was
concerning to me because
everything else has to come
through council.

So I was concerned about why
potential things could then
be -- the city manager would
then have authority to do
those?

>> Well, the state law on
what temperature directors
can do is determined in part
by attorney general
statements that say only
that which is set out in the
statutes can be performed.

The only limitation that
there is, generally
speaking, in the m.u.d.

Statutes, is that temporary
directors cannot hold a
confirmation election or
appoint permanent directors.

And therefore without
that -- without doing that
theyan'tssue bonds.

So that's sort the of the
major gate keeper issue
that's of interest to
cities.

But we were wanting to
describe what our
expectations between the
parties were as to what the
temporary directors could do
such as conduct that
original meeting, open up a
bank account if they needed
to, establish an address and
so on.

I don't think that those
things are really delineated
by statute because obviously
temporary directors have to
do those things in order to
convene a meeting, hold a
permanent director's
confirmation election.

So one option is to take
that rang out of there, let
the attorney general's
opinion on what the statutes
provide for prevail.

We still have the protection
in there that bonds cannot
be issued and essentially
unless something else is
specifically provided to by
statute, temporary directors
can't do it.

And the only thing that is
provided in this enabling
legislation is to hold a
confirmation election a and
elect permanent directors.

>> Morrison: I don't know
if this is a question for
you or for greg.

If we don't approve this,
then it sun sets like was
originally envisioned.

And I assume then the option
would be for them to go get
similar legislation passed
again when it's -- when the
litigation, for instance, is
settled.

I see greg nodding his head.

And do we have a staff
recommendation on this?

>> Our recommendation is
that if you desire to
lengthen that time period --

>> Morrison: The question
is do you recommend that
we -- do you have a
recommendation that we
approve this or not?

>> Staff would recommend
that we go forward and do
this.

I think it's in good faith
on both sides.

We're acting -- we don't see
this as a permanent
condition.

And really this is just --
from staff's standpoint it's
just keeping -- keeping it
in place for another year
and hopefully the issue is
resolving -- are resulting
from the litigation are
resolved and the utility
services and once that's
taken care of then we can go
into the process that you
see similar for the other
m.u.d.'s that w year.

>> Morrison: I appreciate
that.

The main concern that I have
is I want to make sure --
because we have>> ioing
eere ps and con aavin
egatedtth having tlope hg the option
of going tceq for a
standard m.u.d.

So we feel and staff feels
that both sides in this
situation benefit from the
legislatively created m.u.d.

And that's the reason why
staff is recommending it
because when we have this
legislatively created m.u.d.

It gives us the ability to
, which is
of great interes
and to require the
utility service and the
other things that are in the
m.u.d. policy.

And similarly the developer
gets certain benefits such
as being able to use the
bond money for surface
restoration because it's a
(indiscernible) right now
which is not part of the
m.u.d.

>> Morrison: And i
understand that, but let me
ask you some other questions
because I know we had a
chance to talk before, but
since then I read the rest
of the agreement.

And it's raise some day
questions for me since this
is uncharted territory as
you said.

This is a matter of first
impressions of the the first
thing is in this section it
says that the date of this
agreement has been signed --
the effective date is the
date that this agreement has
been signed by the city and
developer.

And I thought there were
three parties to this
agreement.

>> There are, but we want
the effective date to be
immediately.

And it was upon execution
because it needs to be
before september first,
2012.

And we provide in this
agreement that although the
district can sign it, it's
going to continue to be
effective without the
district's execution.

>> Morrison: So
theoretically this agreement
creates a district, but
doesn't require that they
agree to it.

And if they don't, it says
01 that it
dissolves.

>> Correct.

>> Morrison: And it says
that the ordinance will be
void if they don't -- the
ordinance as well as the
agreement will be void
unless it's executed by both
the district and the
developer.

Can we actually void
ordinances?

I was under the impression
that only council would
avoid ordinances with
another ordinance.

>> That might be right.

I'm not sure.

I'll look at that.

>> Morrison: Okay.

And then the other -- i
think there's a typo.

You provided me with the
statute and it was section
8379.

>> That's correct.

We'll make that change.

>> Morrison: And then in
09, this is where
I'm concerned about making
sure that there aren't any
leeches of our lever raj in
terms of coming up with
agreements because -- well,
first of all it says the
city, the district and the
developer each agree to
execute such further
documents or instruments as
may be necessary to evidence
their agreements.

Do we believe that each
though district is severely
limited in what they can do,
like we just talked about,
basically they can't do
anything except for come
into existence, that they
will be able to execute such
agreements?

>> This is just standard
language that we would
pickup put in there if there
were something like that
that needed to be executed.

I don't know what that might
be.

>> Morrison: Okay.

And so then in b, it talks
about the city agrees to
cooperate with the developer
in connection with any
waivers or approvals the
developer may desire from
travis county in order to
avoid duplication.

I guess I was under the
impression there wouldn't be
any development under the
timelines of the life of
this agreement.

That's 4.09-b.

>> There's another section
that I'm looking for.

In several places in the
agreement that are
provisions that if the
developer submits
development applications or
enters into service
agreements that we can
terminate the agreement.

We can still do that
unilaterally.

This is standard language
that's in these agreements.

I would have to ask greg to
talk more about what might
be envisioned under that or
whether this language is
necessary.

We erred on the side of
including things if we
thought there was some
amount of authority that
might be needed, but if
there's no possibility to
effect the way that, I don't
think we need to take it
out.

>> There's two other issues.

I'll just say there are two
other issues in here that
tell me that this is
uncharted territory nod to
these others that make
necessity uncomfortable.

So I wouldn't really be able
to support this.

But in c there's language
that says if any future
legislation would have the
effect of prohibiting
annexation, the intent of
the parties, that the
district would be governed
by the provisions of this
agreement notwithstanding
such legislation.

So I'm really concerned
about what that actually is
foreseeing and I don't know
which side of the argument
we would be on.

And the last one is d, where
it says in the event of any
third party lawsuit or any
claim relating to the
validity of this agreement
that the city will agree to
cooperate in the defense of
such a suit.

And again, one would think
that if we're -- if we're
signing this that we would
want to do that, but I just
don't have a good enough
sense that we have our feet
on the ground with all of
this.

So I know it's close to
5:30.

I'm going to make a motion
that we not approve this
extension.

>> Cole: Councilmember
morrison makes a motion that
we not approve the
extension.

Councilmember martinez?

>> I'm going to try to make
a substitute motion that we
consider a postponement to
next thursday, which I think
would still give us time to
enact it by september 1.

>> That's correct.

>> Martinez: So that we
can talk it this through, so
that the mayor can get back
here, because you need four
votes on an ordinance and we
may not have four votes
on --

>> you need five votes --

>> Cole: For all three
readings we'll need five.

>> Martinez: I'm going to
give us a chance to talk
about this for another week,
see if we can clean it up.

If we vote positively.

So I'll make a motion to
postpone until next
thursday.

I know we only have a public
hearing on budget, but this
is an important item and i
would ask that we consider
putting it on for thursday.

>> Cole: Councilmember
tovo.

>> Tovo: I'd like to
second that.

I think we have additional
questions to ask of staff.

>> Cole: I would like to
add that I believe that
councilmember morrison has
pointed out several
additional questions that
bear consideration and i
will be supporting this
motion.

Any further comments?

All those in favor of the
motion to substitute please
say aye.

That passes on a vote of
five to zero with
councilmember spelman and
mayor leffingwell off the
die -- on the substitute
motion passes on a vote of
five with councilmember
spelman off the dais and
mayor leffingwell off the
dais.

We will have live music and
30, but
without objection, I will
entertain a motion to
adjourn.

So moved by councilmember
morrison.

Seconded by councilmember
martinez who is standing.

And all those in favor say
aye.

This meeting of the austin
city council is now
adjourned and we will begin
live music and
proclamations.

>> Cole: Joining us today
is suns of orpheus.

Just last month fredericko
hand picked seasoned
musicians to embark on a
musical vision of
international, psychedelic
pop sound.

Thus suns of orpheus was
born, influenced by american
funk, world beat music of
the early 1970's, the group
exudes singular energy and
charisma in their live
shows.

They were voted among the
top 10 best new bands in
2011 austin chronicle music
ballet.

Today they release their
album.

Their music represents our
ability to thrive in
diversity and hope.

In recognition of musical
excellence and cultural
outreach, we present suns of
or pheus.

[Applause]
[♪♪music playing♪♪]

>> thank you very much.

[Applause]

>> Cole: For that
wonderful presentation we
have a proclamation that i
will read.

Be it known that whereas the
local music community makes
many contributions toward
the development of austin's
social, economic and
cultural diversity and
whereas the dedicated
efforts of artists further
austin's status as the live
music capitol of the world
now therefore i, lee
leffingwell, mayor of the
city of austin, here by
PROCLAIM AUGUST 23rd, 2012
As suns of orpheus day.

[Applause]

>> thank you so much for the
honor.

On behalf of the whole band
we want to thank the city of
austin and the mayor of
austin for promoting music
and doing what you guys can
for local musicians here in
town.

I want to thank our
community as well.

We have been working many,
many years, everybody here,
both as educators of music
as well as folks who listen
to music and world beat
musics and we try to bring
that to communities all over
the austin area.

In the name of the sun suns
of orpheus, we want to say
thank you to the supporters
of arts in the area and we
want to thank our ancestors,
our families and our
community.

It's a great honor.

I arrived here in austin,
texas about 14 years ago as
a brazilian who came to
study and I ended up falling
in love with this place.

And austin really opened its
arms and hearts to this kind
of music.

And I don't think a mix of
american and brazilian music
would thrive as well as it
does here.

Very few places on the
planet.

Thank you so much for the
opportunity to create music
for you guys.

Appreciate it.

[Applause]
I would just say that yes,
we are releasing a record
today.

It's available at our site,
com and
tonight we celebrate at
antone's, antone's, a
legendary place here in
austin, opened its doors to
us.

We will be there at antone's
tonight.

Check it out, suns of
orpheus.

We are out there.

Thank you so much.

[Applause]

>> Riley: Hey there.

I am austin city
councilmember chris riley
and as a proud alumnus of o.

Henry junior high school it
gives me a proud opportunity
to do this proclamation n
recognition of a very
significant event coming up.

It is the 150th birthday
henry, otherwise known
as william sydney porter.

As many of you know william
sydney porter lived about a
third of his life in texas,
spending much of that time
in austin.

He became a very important
part of our local history
and folklore.

And so this event is a great
opportunity to remember him
and take account of all the
time that he spent here.

And share some stories about
his contributions to our
local culture.

So with that in mind I'd
like to present this
proclamation to michael who
runs the show over there at
henry museum, which
many of you know is over on
brush square near the
convention center.

The proclamation reads as
be it known that
whereas september 11th
marks the sesquicentennial
birthday of william sydney
porter.

The short story writer
henry
who authored such classics
as gift of the magi, the
ransom of the red chief and
the last leaf.

henry spent
about a third of his hiv in
texas and from 1893 to 1895
he rented the house in
austin that is now the o.

Henry museum.

He worked at the first
national bank and the
general land office.

Whereas a handful of his
stories are established in
austin and while here he had
a newspaper called the
rolling stone, which is now
the -- for those of you who
henry, you know
that's the paper over at
henry middle school I guess
it is now.

henry
museum is opening a new
henry, original
slacker.

And has many festivities
planned to help our
community celebrate his
150th birthday.

Now therefore i, lee
leffingwell, mayor of the
city of austin, texas, do
here by proclaim
SEPTEMBER 11th, 2012 AS O.

Henry's 150th birthday.

So I'm going to present this
to michael.

[Applause]

>> thanks, councilmember
riley and the rest of the
city council.

My name is michael and i
henry museum
at 409 east fifth street.

It is the former residence
henry, who was born
william sydney porter in
greensboro, north carolina
SEPTEMBER 11th, 1862.

We are in the parks and
recreation department.

henry, as was mentioned,
a a famous short story
writer.

He wrote three, four, five
hundred short stories.

henry is
you can ask five people
their interpretation of one
thing and you get five
different stories.

There's no like clear
picture on o. henry.

Going back to the gifts of
the magi, we were having a
conflict about the title.

A lot of people think it is
the gift of the ma organism,
but we actually have a copy
of the original story as it
was published in the new
york world in 1905 hang in
our museum and it says gift
of the magi, so that's what
I go by.

With a show of hands can i
see who has read gift of the
magi?

For those of you who have
not read it, the short story
about a poor new york couple
that want to buy each other
christmas presents.

They don't have a lot of
money.

The woman has this long,
luxurious hair that she
decides to cut and sell so
she can buy her husband a
fob for his pocket watch.

It kind of connects it to
the pants.

He meanwhile sells his
pocket watch so he can buy
combs for the harish she's
just cut.

henry was known for
those twist endings.

That story was based in new
york city, but as was
henry cut his
teeth as a writer here in
austin.

But he was not just a
writer.

He was quite the renaissance
man.

He was a musician.

He performed in a band
called the hill city
quartet.

They started as a serenading
group and turned into a
popular club band.

He was also a cartoonist.

For awhile ran the rolling
stone, a weekly newspaper
here that I like to equate
to kind of a precursor to
the onion.

It was is a tear kel, poked
's and
I don't think it stuck
around very long.

He did all the illustrations
for that.

A lot of people say that
drawing was his primary
gift, but he thought it was
drudgery to draw, so he
didn't want to pursue that
as a career.

In any case, one other job
henry had here in town,
one other profession he had,
he was a bank teller, worked
at the first national bank
of austin.

He was actually convicted of
embezzlement, stealing from
the bank.

I find it sweet justice that
we're here today praising
him.

A lot of people say he
didn't do it.

That's what we go by at the
museum.

[Laughter].

A great way to learn more
henry is to attend
an event that we are hosting
at the museum on saturday
september 15th.

henry
150th birthday crawl.

And we're hosting it in
conjunction with the austin
history center and the
capital visitors center.

It's going to be a day long
slate of events from noon to
5:00.

Free.

There will be complimentary
shuttle service between
sites, which is always
incentive.

I want to talk just
specifically about what
we're going to do at the o.

Henry museum, which again is
located at 409 east fifth
street and our website is o.

Henry museum.org.

We're going to open our new
henry, original
slacker, in which we show
henry forged the
template for the popular
character in richard link
later's film slacker.

We're going to have a live
performance by the new hills
city quartet, which is a
reinterpretation of o.

Henry's parlor band here in
austin from the 1890's.

We're going to have a mass
reading of buried treasure,
an o. henry short story.

We'll have turk partnership
kin, sarah bird, steven hair
began, some really heavy
hitters here in austin.

And we're also going to have
the unveiling of the united
states postal service's new
stamp honoring o. henry.

We'll have a lot of cool
stuff.

I urge you to come down and
learn about as one facebook
commenter I saw today
henry as one
wild and crazy dude.

SEPTEMBER 11th 15TH, O.

Henry, be there.

>> Next we have austin
diversity month.

I am so proud and privileged
to do this.

This is all the city staff
representing and celebrating
diversity.

You know what's coming?

[Laughter].

Okay.

This is a proclamation for
all that you do to promote
diversity.

Be it known that whereas
diversity can be defined as
an individual, distinct
qualities and differences
and the sensitivity it takes
to respect those
differences.

And whereas by valuing
culturally diverse
individuals and developing a
positive work environment,
our city can ensure a high
level of productivity among
professional city staff
while preserving the best
that each employee has to
offer.

And whereas the city is
committed to appealing to
the ever changing
demographics of austin for
public services -- for
public service who are
accountable, who exhibit the
highest ethical conduct and
who operate with integrity.

And whereas understanding
and accepting the concept of
various cultures, working in
harmony will enable all of
us to enjoy the reality of
diversity and lead austin to
become the most liveable and
best managed city in the
nation.

Now therefore i, lee
leffingwell, mayor of the
city of austin, do here by
month.

[Applause]
[one moment, please, for
change in captioners]

>> we are planning several
special events for this
month, but we believe that
we want to celebrate
diversity all year long.

So on behalf of marc ott,
our city manager, our acm
anthony snipes and the human
resources director, let me
now thank you all for your
support.

[Applause]
next we have a
proclamation for childhood
cancer month.

Hi, sweety.

How are you?

Come up here.

We h proclamation to
recognize childhood cancer
as being a leading cause
that we must address.

Okay?

I'm going to read it, okay?

Childhood cancer is the
number one disease killer
and second leading cause of
death of children aside from
accidents, and whereas on
any given school day
approximately 46 young
people are diagnosed with
cancer, totaling more than
12,500 children diagnosed
each year, and whereas every
year more than 2500 children
under the age 20 our most
precious resource and the
treasures of our hearts,
lose their lives to cancer.

Now, therefore, i, lee
leffingwell, mayor of the
city of austin, texas, do
hereby proclaim
september 2012 as national
childhood cancer awareness
month.

[Applause]

>> hi.

My name is georgia and I'm
12-year-old.

I love to read and jog and
swim and next week I'll be
starting 7th grade at the
ann richards school for
young women leaders.

[Cheers and applause]
I am also a childhood cancer
survivor.

I was diagnosed with acute
limb for blast tick luc the
day after my 10th birthday,
and on april 29 I completed
28 months of treatment.

I was treated at dell
children's hospital and the
children's blood and cancer
center and most of the time
I was on a clinical trial
that tested different ways
to give the chemotherapy i
was getting.

Most kids in treatment are
on some type of clinical
trial because there are not
enough good medicines
available to cure them or
treat them without making
them sicker.

That's why supporting
childhood cancer research is
so important.

September is national
childhood cancer awareness
month and I'm asking for
your help.

You can raise awareness by
wearing a gold ribbon, which
is a symbol for childhood
cancer or putting one in
your yard or on your car.

You can tell people that 46
kids just like me get
diagnosed with cancer every
weekday.

You can donate blood and
register as a bone marrow
donor.

You can support cancer
research by walking with us
in the austin cure search
walk on saturday,
september 29 at southpark
meadows.

Or by donating to other
charities that specifically
benefit childhood cancer
research.

I'm blessed and lucky to be
standing here today, but i
want all kids to enjoy the
same victory I had.

Please do something in
september to raise awareness
of childhood cancer because
kids can't fight this battle
alone.

Thank you.

[Applause]
leukemia
now we will hear a
proclamation for take a
loved one to workday, and i
hope my mom is watching.

Be it known that whereas a
serious health gap exists
between racial and ethnic
minority populations and the
general public showing that
they are more apt to suffer
from such problems as heart
disease, stroke, cancer,
diabetes, sexually
transmitted diseases, infant
mortality, hiv, aids, and
whereas early detection of
disease, proper referral to
quality health care
resources and immunizations
against diseases are
essential steps towards
reducing such health
disparities and whereas the
national take a loved one
for a checkup day campaign
is aimed at encouraging
individuals, especially
those in need, to live
healthier lives and to visit
a health care professional.

Now, therefore, I lee
leffingwell, mayor of the
city of austin, do hereby
proclaim september 15, 2012
as take a loved one for a
checkup day.

Thank you.

[Applause]

>> stephanie, haggan, please
step down to the -- on
behalf of carlos rivera, I'm
shannon jones, deputy
director of austin/travis
county health & human
services department.

We'd like to thank the
service for its support for
this initiative for the last
seven years.

As you know this is one of
the initiatives of the
african-american quality of
life and has been very
engaged in outreach
community and carrying
services to the community.

But we do it not by
ourselves, we do it in
partnership with many of the
agencies in our community
who are represented here
today.

So I'm going to call upon
sam price to come forth and
acknowledge the work has
been done.

A little bit about take your
loved one to a doctor's day,
which is a national
initiative and what we're
doing here in austin and
acknowledge our partners,
sam.

>> I just want to give you a
little bit more information
about this event.

Like he said, this is our
7th year of sponsoring this
event, and we hope we can do
plenty more years of
sponsoring this event.

But I would like to first
say that this event -- one
of the things we want to
accomplish with this event
is prevention through
lifestyle changes to delay
on set of disease,
prevention through screening
to detect early signs of
illness and community
partnerships to expand range
of service in the community.

With that said, I would like
to recognize -- a lot of
them aren't here today but
we want to recognize
everybody on the list, and
the ones that are here you
can kind of raise your hand
up and say, hey.

has sponsored
this event for the last
seven years.

We're really grateful for
for giving us the
space and opportunity to do
this on their parking lot,
and there's no one from
here but I'd just
like to, you know, thank
them for giving us that
space and being a
co-sponsor.

First of all, seton family
hospitals, I want to
recognize, and they're not
here.

Amir group, they're not
here.

Smile dental, united health
care, top ladies of
distinction, and that's our
volunteers.

They're great.

Health & human services
department, we have a
handful of them here.

Abercrom home health,
american nurses, well med,
health care services,
doctors on wheels,
shinika jackson, next
care and community care.

As you can see, we do have a
lot of community partners
because we're -- without
them I don't think we could
do anything in this
community and be successful
attacking the diseases and
all the health disparity.

So we're very, very grateful
to have all our community
partners here and I want to
thank them for giving us the
help of addressing these
issues.

With that said I guess
that's it.

We can take some pictures,
huh?

[Applause]
oh, let me say, I'm sorry,
this event will take
place -- as I said, the
springdale and it's
located at 7112 ed bluestein
from 11:00 to 4:00 p.m.

Come on over.

Luc
limb for blastoma
next we're here to
recognize the jazz in motion
youth concert.

We have a proclamation.

Be it known that whereas the
women in jazz association is
an organization committed to
providing jazz performances
and education to austin
residents in an effort to
keep this important american
art form alive, and whereas
the jazz and motion youth
concert sponsored by women
in jazz features austin
presenting amuse music
cal history of jazz through
industry, sing goes, jazz
and poetry, we're pleased to
recognize performers
including lava dance
company, flava dance
company, the jazz group
frontier live, musicians
blane sacks ton, simone
washington, clayton winfrey,
jonathan johnson, justice
philip and singers kylely
PHILLIPS, shannon McKizik
and tree gee and pamela hart
heart and james polk are
providing artistic directing
mentoring and coaching for
this performance.

Now, therefore, I lee
leffingwell, mayor of the
city of austin, texas, do
hereby proclaim
september 15, 2012 as the
jazz in motion youth
concert.

[Applause]

>> thank you, council member
cole.

We are very excited to be
able to present jazz in
motion on september 15, and
just as women in jazz
usually does, we have a
wonderful lineup for austin,
and we are most excited that
it's all about passing the
torch to young people.

And we have with us a
representative from our
board of directors,
kevin hart, and
charlisa russell but
we're also excited to have
one of our fabulous
performers, and this is
blane sixton, and he is
going to be playing the alto
saxophone in the show and
his very supportive mother,
la arnie ayuna is here with
his little brother.

Blane, do you want to tell
them what you'll be playing
on the 15th?

>> On the 15th I'm going to
be playing alto saxophone,
and the songs I'm going to
be playing are starlight,
autumn leaves and
[inaudible] by charlie
parker.

All right.

[Applause]

>> so they're going to be
doing traditional jazz
starting with the 1920s,
doing big band era, ella
fitzgerald, into the '40s
and '50s for the charlotte
charlie parker all the way
up to the 2000s with india
miri and modern things.

We have singers, we also
have another saxophone
player, a pianist, drummer
and a young band, frontier
live and the flavor dance
company.

So again we're passing the
torch to these young folks
and we're going to be at
reagan high school on
september 15 and we sure
appreciate the city's
support.

This is a project that is
funded in part by the city
of austin through cultural
contracts, which women in
jazz has been supported for
over 1 by the city
and we appreciate that
support.

Thank you very much.

[Applause]
we are about to
recognize peace and dignity
day, and we have a
proclamation that states, be
it known that whereas peace
and dignity journey runners
embarked on a run from
chickaloo alaska to tekal
guatemala on may 1 to pray
for and raise consciousness
of the need to preserve
clean water for all the
people of the world.

And whereas we join the
indigenous people of texas,
apache, calahoot arc,
complanchy members of the --
comanche members, maya, at
tecata, mexican and other
indigenous -- wait, I'm
saying this wrong.

I want to say it right.

Read those for me.

[Reading names]
lacota, mashika.

>> And other indigenous
nations who reside here and
showing support for the
runners, and we are pleased
to welcome the peace and
dignity runners and to wish
them much success on their
mission as they pass through
our city on their seven
month trek through north and
central america.

Now, therefore, I lee
leffingwell, mayor of the
city of austin, do hereby
proclaim september 17, 2012
as peace and dignity day.

Thank you.

[Applause]

>> well, thank you very
much.

I know it's late and
everybody is hungry so i
want to make it sweet and
short.

It is known that the waters
of the world are very
contaminated, and the native
people have taken up on
their shoulders the
awareness action of running
as we used to do it back in
the old days, so we're back
in that same mode of
thousands of years ago.

And we started -- I say we
because I had the honor of
starting in alaska in
chickaloon on the first day
of the run, which was may
the 1st, and the runners on
one of the legs is going to
pass through austin on
september the 16th.

They will arrive at barton
springs, to which we also
request the addition of a
name which is the original
name.

It was in quwavileteco and
it's called [inaudible],
which means sacred springs,
and we are requesting the
council, whoever is in
charge of that naming, if
they can include that name
as the original name.

Also, we have a fundraising
that's going to take place
on the 9th here at la pena.

If you're willing to help,
you're welcome.

00 to
00, the raise some funds
for the runners.

They need gas, they need
food, and they also need
probably a bath right after
they finish the run that day
because we're going to start
in waco.

And we are going to arrive
at barton springs so we
request that barton springs
be open for the runners.

I don't know if that's
possible from the city
government.

But anyway, we'll have
this -- and I also want to
present the people that are
here, and I want to
acknowledge bob carroll,
which is a dear brother of
mine.

Diana woalok, barrago which
represents a nation of
mexico, rita cheroge, which
is a native american woman
but she adopted the dakota
ways of living.

Two other people which are
members of the mayan nation.

Thank you very much.

[Applause]