At any time during the "B" Session or the Regular City Council Meeting, the City Council may meet in executive session for consultation concerning attorney-client matters (real estate, litigation, contracts, personnel and security).
I. The City Council will convene for a "B" Session in the B Room of the Municipal Plaza Building at 10:00 A.M. for the following:
II. The City Council will convene in Council Chambers, Municipal Plaza Building in a Regular Council Meeting at 1:00 P.M.
DISABILITY ACCESS STATEMENT
This meeting is wheelchair accessible. The accessible entrance is located at 103 Main Plaza. Accessible parking spaces are located at City Hall, 100 Military Plaza. Auxiliary aids and services are available upon request (interpreters for the deaf must be requested forty-eight (48) hours prior to the meeting) by calling (210) 207-7245 V/TTY for assistance. Closed captioning is available on broadcasts of the Council meetings on 21-TVSA.
Questions regarding this agenda notice should be directed to the City Agenda Coordinator at 207-7080.
THE FOLLOWING ITEMS WILL BE CONSIDERED AT THE TIMES INDICATED:
5. 7:00 P.M. - Public Hearing and consideration of the following Ordinances: [Introduced by Thomas G. Wendorf, Director, Public Works; Presented by Milton B. Lee, General Manager/CEO, City Public Service]
A.
An
declaring a public necessity for the acquisition of electric
transmission and distribution lines easements and related rights of ingress and
egress for the Cagnon to Kendall Project in certain privately owned real
property located in the following areas of Bexar and Medina Counties, Texas:
BEXAR COUNTY: San Antonio Ditch Co.
Survey No. 64, Abstract No. 871, County Block 4335, William Page Survey No. 188,
Abstract 594, County Block 4334, Benjamin Odlum Survey No. 200, Abstract No.
865, County Block 4338, Robert Lewis Survey No. 63, Abstract No. 422, County
Block 4341, M. Leal Survey No. 298, Abstract No. 444, County Block 4350, A.
Fitzgerald Survey No. 268, Abstract No. 236, County Block 4355, Manuel Leal
Survey No. 299, Abstract No. 443, County Block 4357, Johann Pfeiffer Survey No.
7, Abstract No. 1018, County Block 4349, Jose Musquiz Survey No. 300 ¾, Abstract
No. 1149, County Block 4368, Juan Talamantes Survey No. 300 1/3, Abstract No.
1030, County Block 4369, S. Musquiz Survey No. 300 1/6, Abstract No. 1084,
County Block 4371, T. Quintera Survey No. 300, Abstract No. 978, County Block
4353, R. Carasco Survey 101, Abstract No. 1195, County Block 4376, C.C.S.D. &
R.G.N.G.R.R. Survey No. 207, Abstract 887, County Block 4381, L. Braun Survey
No. 34, Abstract No. 1277, County Block 4380, John Fitzgerald Survey No. 33,
Abstract 1290, County Block 4402, Jose Jacinto Gonzales Survey No. 255, Abstract
No. 269, County Block 4404, Paulino De La Garza Survey No. 373, Abstract No.
1292, Mrs. S. E. Thomason Survey No. 403, Abstract No. 1189, County Block 4454,
Tyler Tap R.R. Co. Survey No. 385, Abstract No. 917, County Block 4455, Pablo
Solis Survey No. 176 ¾, Abstract No. 700, County Block 4489, George W. Garnett
Survey No. 176 ½, Abstract No. 287, County Block 4494, John B. McMichael Survey
No. 1, Abstract No. 1085, County Block 4498, Heinrich Dahme Survey No. 176 1/10,
Abstract No. 204, County Block 4512, Jesus Zerna Survey No. 277, Abstract No.
829, County Block 4508, Frank R. Feille Survey No. SF 11858, Abstract No. 1270,
County Block 5580, Augustin Chaves Survey No. 181, Abstract No. 1223, County
Block 4509, Charles A. Bihl. Jr. Survey No. 2, Abstract No. 1216, County Block
4510, G.C. & S.F.R.R. Co. Survey No. 1, Abstract No. 1158, County Block 4585,
Esmeregildo Ruiz Survey No. 406, Abstract No. 642, County Block 4582, Adolpho
Zepeda Survey No. 407, Abstract No. 1125, County Block 4584, J. A. Morales
Survey No. 405 1/5, Abstract No. 1139, County Block 4579, J. A. Morales Survey
No. 405 1/2, Abstract No. 1139, County Block 4579, H. & G.N.R.R. Co. Survey No.
417, Abstract No. 357, County Block 4659, Larkin Smith Survey No. 2, Abstract
No. 1135, County Block 4666, C.C.S.D. & R.G.N.G.R.R. Co. Survey No. 1, Abstract
No. 999, County Block 4620, M. H. De Moralla Survey No. 921, Abstract No. 1132,
County Block 4617, Lorenzo Morales Survey No. 920, Abstract No. 1130, County
Block 4597A, Julian Lopez Survey No. 937, Abstract No. 901, County Block 4597,
S. Flores Survey, Abstract No. 1193, County Block 4583, Cornelia Morales Survey
No. 922, Abstract No. 1131, County Block 4595, Cesario Menchaca Survey No. 181
½, Abstract No. 541, County Block 4598, Lower Pinto Irrig. A & M Co. Survey No.
901, Abstract No. 456, County Block 4665, Simon Montalvo Survey No. 418,
Abstract No. 484, County Block 4660, Francisco Nunez Survey No. 484, Abstract
No. 556, County Block 4653, Beaty, Seale & Forwood Survey No. 487, Abstract No.
111, County Block 4654, Simon Montalvo Survey No. 417, Abstract No. 483, County
Block 4661, Agapito Gayton Survey No. 409, Abstract No. 289, County Block 4650,
Kendall and Montgomery Survey No. 482, Abstract No. 413, County Block 4649,
Anselmo Pru Survey No. 189, Abstract No. 575, County Block 4648, J. J. Sanchez
Survey No. 480, Abstract No. 671, County Block 4651, and the Antonio Cruz Survey
No. 170, Abstract No. 123, County Block 4680; and
MEDINA COUNTY: Beriana Sandoval
Survey No. 40, Abstract No. 840, John Fitzgerald Survey No. 33, Abstract No.
380, Jose J. Gonzales Survey No. 255, Abstract No. 408, Paulino De La Garza
Survey No. 373, Abstract No. 449, James M. Glenn Survey No. 255 ¼, Abstract No.
442, Mrs. S. E. Thomason Survey No. 403, Abstract No. 1476, I. & G.N.R.R. Co.
Survey No. 255 ¾, Abstract No. 1466, H. Dahme Survey No. 256 ¾, Abstract No.
1899, and the James M. Glenn Survey No. 256 ½, Abstract No. 442;
for the public purposes of the construction, operation and maintenance of
electric transmission and distribution lines, communication systems and related
appurtenances for the Cagnon to Kendall Electric Transmission and Distribution
Lines Project for the City of San Antonio Gas and Electric System; authorizing
all appropriate action of the City Public Service Board of San Antonio in the
institution and prosecution of condemnation proceedings to acquire any such
needed easements and related rights of ingress and egress that cannot be
acquired through negotiation; ratifying and affirming all prior acts and
proceedings done or initiated by attorneys, agents and employees of the City
Public Service Board to acquire such easements and rights of ingress and egress,
authorizing all other lawful action necessary or incidental to such acquisitions
or eminent domain proceedings to investigate, survey, specify, define and secure
the necessary easement rights, and declaring the sections of the ordinance to be
severable one from the other in the event any section of this ordinance is
determined to be invalid.
B.
An
authorizing CPS to utilize certain City-owned property in
connection with the Cagnon to Kendall Project, including an electric
transmission line, electric distribution lines, communication systems and
related appurtenances; making certain findings relating to the Cagnon to Kendall
Project; authorizing amendments to related conservation easements and other
procedures related thereto; and providing for an effective date.
THE FOLLOWING ITEMS MAY BE CONSIDERED AT ANY TIME DURING THE REGULAR COUNCIL MEETING:
CONSENT AGENDA
Items Concerning the Purchase of Equipment, Supplies and Services
Capital Improvement Items
10.
An
allocating 27th,
28th and 29th Year Community Development Block Grant (CDBG) funds authorizing
payment in the amount of $63,817.75 to the City Forces Account for
infrastructure construction in connection with the Arroyo Vista Affordable
Showcase of Homes Community Development Block Grant Project, located in Council
District 6; revising the project budget; and providing for payment. [Presented
by David D. Garza, Director, Neighborhood Action; Jelynne LeBlanc Burley,
Assistant City Manager]
11.
An
authorizing funds in the amount of $637,267.97 payable to
the Texas Department of Transportation ("TXDOT") for the City's share
of construction costs in connection with the South Flores - Malone to Octavia
MPO Project, located in Council Districts 3 and 5; authorizing $95,590.20 for
construction contingency expenses; authorizing $20,000.00 for engineering
contingency expenses; authorizing $12,745.36 for capital administrative costs,
for a total amount of $765,603.53 from General Obligations of the City;
appropriating funds; and providing for payment.
[Presented by Thomas G. Wendorf, Director, Public
Works; Melissa Byrne Vossmer, Assistant City Manager]
12.
An
amending the professional services agreement and authorizing
payment in the amount of $3,350.00 to Hoyt Consulting Engineers, Inc., for
additional engineering services in connection with the Nakoma at U.S. Highway
281 to Warfield MPO Project, located in Council District 9; authorizing $335.00
for additional engineering contingency expenses, for a total amount of $3,685.00
from 1999-2004 General Obligation Street Improvement Bond funds; revising the
project budget; appropriating funds; and providing for payment. [Presented by
Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City
Manager]
13.
An
authorizing the transfer of $121,301.60 from 2002
Certificates of Obligation to a City force account for the reconstruction of
Strathaven from Mondean to Hollyhock, and Mondean from Strathaven to Babcock
Road, in connection with the Hollyhock at Huebner Creek Drainage Structure
Project, located in Council District 7; and appropriating funds. [Presented by
Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City
Manager]
14.
An
amending certain professional services agreements; ratifying
services thereunder and authorizing payment to various firms for Level II
Project Scope and Estimating Services in connection with the 2003 Bond Election:
Project Scoping and Estimating Project as follows: $33,416.22 payable to Pape-Dawson
Engineers, Inc.; $33,639.31 payable to Lockwood, Andrews & Newnam, Inc.;
$8,019.14 payable to Post, Buckley, Schuh & Jernigan, Inc.; $18,103.72 payable
to Civil Engineering Consultants, Don Durden, Inc.; for a total amount of
$93,178.39 from Storm Water Revenue Bond funds; appropriating funds; and
providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works;
Melissa Byrne Vossmer, Assistant City Manager]
Items Concerning the Purchase, Sale or Lease of Real Property
16.
An
authorizing payment in the amount of $433,300.00 payable to
Lawyers Title of San Antonio as escrow agent for Jamina Vasbinder and
husband, John H. Vasbinder for fee simple title to 11.68 acres in the city of
San Antonio, and title fees; authorizing payment in the amount of $2,550.00 to
Jamina Vasbinder and John H. Vasbinder for moving expenses; and authorizing
payment in the amount of $1,500.00 payable to Eckmann Groll, Inc., for appraisal
services in connection with the Upper French Creek Buyout Project, located in
Council District 8, for a total amount of $437,350.00 from the Storm Water
Regional Facilities fund; appropriating funds; and providing for payment.
[Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer,
Assistant City Manager]
18.
An
approving a new
lease agreement with Avante Plaza Venture I, Ltd., a Texas Limited Partnership,
as landlord, for the lease of approximately 2,272 square feet of office
space at 401 West Commerce, for use by the San Antonio Police Department, at an
average annual rental of $34,769.00, for a total cost of $173,843.76, for a five
(5) year term ending on September 30, 2009. [Presented by
Albert A. Ortiz, Police Chief; Christopher J. Brady, Assistant City Manager]
19.
An
authorizing
payment in the amount of $1,500,450.00 to Stewart Title Company as escrow agent
for a thirty percent (30%) undivided interest of a 421.0020 acre tract of
land known as the Canyon Ranch tract situated in Bexar County, Texas, under the
Proposition Three Edwards Land Acquisition and Park Expansion Project;
authorizing payment in the amount of $15,000.00 to the Trust for Public Land for
services in negotiating, investigating, and purchasing said property; and
authorizing the execution of a real estate purchase contract
to accomplish said purchase; appropriating funds; providing for payment; and
providing for an immediate effective date upon passage by eight (8) votes.
[Presented by Susan Spegar, Special Project Manager, ASLA; Christopher J. Brady,
Assistant City Manager]
20.
An
authorizing
payment in the amount of $700,000.00 to AB Hausman Partnership the fee simple
purchase of 34.804 acres along Leon Creek at 6518 Hausman Road, under the
Proposition Three Creekways Linear Parks Acquisition and Park Expansion Project;
authorizing the execution of a real estate purchase contract to accomplish said
purchase; authorizing $16,672.49 for due diligence fees, for a total amount of
$716,672.49; appropriating funds; and providing for payment. [Presented by
Christopher J. Brady, Assistant City Manager; J. Rolando Bono, Interim City
Manager]
22.
An
authorizing the
Interim City Manager or his designee to submit a grant application in the amount
of $500,000.00 for the fifth year of the Texas Department of
Transportation's DWI Selective Traffic Enforcement Program, which will continue
to fund an overtime program for DWI enforcement for the grant period October 1,
2005 to September 30, 2006; and authorizing an in-kind match of $39,342.00 and a
cash match of $16,215.00. [Presented by Albert A. Ortiz, Police Chief;
Christopher J. Brady, Assistant City Manager]
23.
An
authorizing the Interim City Manager or his designee to
submit a grant application in the amount of $500,000.00 for the first year
of the Texas Department of Transportation's Speed Enforcement Selective Traffic
Enforcement Program, which will fund an overtime program for speed enforcement
for the grant period October 1, 2005 to September 30, 2006; and authorizing an
in-kind match of $39,342.00 and a cash match of $16,215.00. [Presented by Albert
A. Ortiz, Police Chief; Christopher J. Brady, Assistant City Manager]
24.
An
authorizing the
acceptance of various donations of equipment and prizes, valued at $14,642.00,
to the San Antonio Police Department ("SAPD") SWAT team, from sponsors of
the 2004 World SWAT challenge, held at Moyock, North Carolina, for finishing in
first place at the competition. [Presented by Albert A. Ortiz, Police Chief;
Christopher J. Brady, Assistant City Manager]
28.
An
authorizing the
Interim City Manager or his designee to renew a professional services agreement
with the San Antonio Mobility Coalition, Inc., ("SAMCo") and approving
payments in an amount not to exceed $70,000.00 to SAMCo for annual membership
dues beginning February 1, 2005 through January 31, 2006 for the City of San
Antonio. [Presented by Thomas G. Wendorf, Director,
Public Works; Melissa Byrne Vossmer, Assistant City Manager]
29.
An
amending Ordinance No. 99421, passed and approved on June
24, 2004, to revise the Lead Paint Program budget to add one full-time staff
position; authorizing a personnel classification and pay range; revising the
project budget and providing for payment. [Presented by David D. Garza,
Director, Neighborhood Action; Jelynne LeBlanc Burley, Assistant City Manager]
ITEMS FOR INDIVIDUAL CONSIDERATION
35.
An
authorizing the
acceptance of a proposal for master planning services for City South San Antonio
from Kell-Muñoz, Architects, Inc.; authorizing the Interim City Manager or
his designee to execute a contract in an amount not to exceed $415,000.00 for a
contract period terminating June 17, 2005; establishing a consolidated City
South Master Plan budget within the General Fund One-Time Special Projects
Account and redirecting funds in the amount of $300,000.00 from FY 2005
Southside Initiative Master Planning budget and $115,000.00 from the General
Fund to the Consolidated City South Master Plan Budget. [Presented by Emil
Moncivais, Director, Planning; Jelynne LeBlanc Burley, Assistant City Manager]
36.
Staff
on the status of the Convention Center Headquarters Hotel
Project. [Presented by Christopher J. Brady, Assistant City Manager; J.
Rolando Bono, Interim City Manager]
37. Staff
and Consideration of
the following ordinances: [Presented by Peter Zanoni, Director, Management
and Budget; Erik J. Walsh, Assistant to the City Manager]
A. Staff briefing on specific questions and issues related to the adoption of a Proposition 13 tax freeze and on alternative options for ad valorem tax relief for disabled or elderly homeowners.
B. Consideration of an
adding a ballot
measure to the May 7, 2005 special municipal election for voter consideration of
a Proposition 13 tax freeze limiting the amount of ad valorem taxes imposed on
the homestead of a person who is disabled or 65 years of age or older.
39. An
adding
a proposition to the ballot for the special
election to be held on May 7, 2005, in accordance with Chapter 334,
Texas Local Government Code, as amended, and
other applicable law, on the question of implementing and approving City Council
Resolution No. 2004-29-25 which designates, and provides for the planning,
acquisition, establishment, development, construction, or renovation of, and the
method of financing for, the Parks Development and Expansion Venue Project,
which includes the
acquisition of open space and linear parks along Leon Creek, Salado Creek,
Medina River and San Antonio River, and for improvements and additions to the
Municipal Parks and Recreation System; providing for an effective date; and
amending Ordinance No. 99608 in accordance herewith.
[Presented by Christopher J. Brady, Assistant
City Manager; J. Rolando Bono, Interim City Manager]
41.
An
amending Chapter 33 of the City of San Antonio City
Code, entitled "Vehicles for Hire," by clarifying certain definitions,
removing certain terms, and adding new language to promote efficient, reliable,
and quality ground transportation services. [Presented by Albert A.
Ortiz, Police Chief; Christopher J. Brady, Assistant City Manager]
44.
An
amending Chapter 34, Article IV, Division I, of the San
Antonio City Code to make permanent a year round water conservation
ordinance; providing for criminal and civil penalties; and directing
publication. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa
Byrne Vossmer, Assistant City Manager]
A. Deliberate the offer of financial or other incentives related to economic development negotiations with the Texas A&M University System and a business prospect, including the possible acquisition and disposition of an interest in real property, pursuant to Texas Government Code Section 551.087 (deliberation regarding economic development negotiations) and Texas Government Code Section 551.072 (deliberation regarding real property); and discuss related legal issues, pursuant to Texas Government Code Section 551.071 (consultation with attorney).
B. Deliberate the duties, appointment, and employment of the City Manager, pursuant to Texas Government Code Section 551.074 (personnel matters), and discuss related legal issues, pursuant to Texas Government Code Section 551.071 (consultation with attorney).
C. Deliberation and consideration of the annual performance evaluation of City Auditor Patricia Major, pursuant to Texas Government Code Section 551.074 (personnel matters).
D. Discuss legal issues related to the loan requirements of the HUD 108 loan program, pursuant to Texas Government Code Section 551. 071 (consultation with attorney).
E. Discuss legal issues related to the lawsuit styled R. Robert Willmann, Jr., Bridgid Sheridan, and Ed Minarich v. City of San Antonio, Cause No. 1999-CI-04626, 285th Judicial District, Bexar County, Texas, pursuant to Texas Government Code Section 551.071 (consultation with attorney).
F. Discuss legal issues related to the lawsuit styled City of San Antonio v. the University of the Incarnate Word, Cause No. 2003-CI-01943, 408th Judicial District, Bexar County, Texas, pursuant to Texas Government Code Section 551.071 (consultation with attorney).
G. Discuss legal issues regarding the City Public Service Board's approved transmission line route for the Cagnon to Kendall Project, pursuant to Texas Government Code Section 551.071 (consultation with attorney).