Agenda
City Council Meeting
Municipal Plaza Building
City Hall Complex
103 Main Plaza
San Antonio, Texas 78205

March 23, 2006

 

The City Council shall hold its regular meetings in the Norma S. Rodriguez Council Chamber in the Municipal Plaza Building within the City Hall Complex on Thursday of each week beginning at 9:00 a.m. After the meeting is convened, the City Council shall consider the following time certain items in the following order no sooner than the designated times, but may consider them at a later time.   

9:00AM:      Invocation and Approval of Minutes.

12:00PM:    Lunch Break

1:00PM:      Executive Session*

2:00PM:      Neighborhood Plan and Zoning Amendments

      5:00PM:      Ceremonial Recognitions

6:00 PM:     Citizens to be Heard

7:00PM:      Adjourn** 

*At any time during 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) under Chapter 551 of the Texas Government Code. 

**At 7:00 p.m., if the meeting is not yet adjourned, the presiding officer shall entertain a motion to recess the council meeting and reconvene at 9:00 a.m., or any other time designated by Council, on the following day. If no motion is made or if a motion is made and it fails, the meeting will continue until adjourned. 

                                                            DISABILITY ACCESS STATEMENT

This meeting is wheelchair accessible. The accessible entrance is located at 103 S. Main Ave. 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 City Council of San Antonio will convene in the Norma S. Rodriguez Council Chamber, Municipal Plaza Building in a Regular Council Meeting at 9:00 A.M. 

1.      Invocation by Mr. Chuck Morris, Family Minister, Northwest Church of Christ, Guest of Councilmember Elena Guajardo, District 7 and Pledge of Allegiance. 

2.      Approval of Minutes for the March 9, 2006 City Council Meeting. 

THE FOLLOWING ITEMS MAY BE CONSIDERED AT ANY TIME DURING THE REGULAR COUNCIL MEETING:

INDIVIDUAL CONSIDERATION: 

3.      An confirming the appointment of William Paul McManus as the Chief of Police of the City of San Antonio, effective April 17, 2006. [Presented by Sheryl Sculley, City Manager] 

4.      Public hearing and consideration of an closing, vacating, and abandoning a portion of Earl Street located between New City Blocks 7305 and 7306 in District 1, as requested by Steve Ramirez, in consideration of $5,755.00. [Presented by Shawn Eddy, Interim Director, Asset Management; Erik J. Walsh, Assistant City Manager]

5.      An accepting the lowest responsive bid and authorizing a construction contract with Jerdon Enterprise and appropriating a total amount of $1,835,074.45 in connection with the San Antonio River Improvements Project – Link from Alamo to Eagleland: Hike and Bike Phase, located in District 5, from various Capital Budget funds. [Presented by Thomas Wendorf, Director, Public Works; Jelynne LeBlanc Burley, Deputy City Manager] 

6.      An requiring Tax Return Preparers who facilitate income tax Refund Anticipation Loans (RALs) to post and give fair disclosure, verbally and in writing, of certain information related to RALS; prohibiting certain practices related to RALs; imposing penalties for violation of this ordinance; and providing for an effective date, as requested by Councilman Flores, District 1. [Presented by Dennis Campa, Director, Community Initiatives; Frances A. Gonzalez, Assistant City Manager] 

7.      An ratifying the submission of an application, and authorizing the acceptance of a grant award in the amount of $500,000.00 from the U. S. Department of Health and Human Services Administration for Children and Families for support of the Individual Development Account (IDA) program during the period of September 30, 2005 to September 29, 2010; authorizing the acceptance of funds in the following amounts to support the IDA program:  up to $50,000.00 from Citigroup;  $5,000.00 from Chase Bank through the San Antonio Housing Trust; and $50,000.00 from Fannie Mae through the San Antonio Housing Trust; authorizing the execution of a contract with the Alamo Community College District and the Alamo Community College District Foundation, Inc. to accept up to $50,000.00 per year for the IDA program; and establishing and revising related budgets. [Presented by Dennis Campa, Director, Community Initiatives; Frances A. Gonzalez, Assistant City Manager]

CONSENT AGENDA 

Items Concerning the Purchase of Equipment, Supplies and Services  

8.      An accepting the bids of various companies to provide various types of commodities and services on an annual contract basis for FY 2006 for an estimated combined annual cost of $2,414,452.00 including: pharmaceuticals and vaccines; printers, print servers and scanners; maintenance of Aviation Department parking and revenue control system; and roll out carts. [Presented by Janie B. Cantu, Director, Purchasing & General Services; Michael Armstrong, Assistant City Manager/Chief Information Officer]

Capital Improvement Items 

9.      An authorizing the execution of a professional services agreement with the San Antonio Mobility Coalition, Inc., for the implementation and coordination of transportation and mobility solutions beginning April 1, 2006 through January 31, 2007. [Presented by Thomas Wendorf, Director, Public Works; Jelynne LeBlanc Burley, Deputy City Manager]

10. An appropriating $323,548.00 from Housing and Urban Development (HUD) 108 Loan Program funds and accepting a $52,000.00 corporate donation from the San Antonio Parks Foundation in connection with Coliseum Oaks Park Playground Replacement Project, located in District 2; allocating $336,872.11 for the performance of in-house design and construction work by Department of Parks and Recreation staff, $3,527.53 for environmental services, $12,500.00 for mandatory project fees, $22,648.36 for administrative fees; and providing for payment. [Presented by Malcolm Matthews, Director, Parks and Recreation; Frances A. Gonzalez, Assistant City Manager]

11. An selecting SA Partnership, LLP (SBE/MBE) and authorizing the negotiation and execution of a professional services contract to provide architectural services in connection with the Granados Park Senior Center and Park Improvements Project, located in District 1; appropriating a total amount of $188,294.00 from Housing and Urban Development (HUD) 108 Loan Program Funds; and providing for payment. [Presented by Malcolm Matthews, Director, Parks and Recreation; Frances A. Gonzalez, Assistant City Manager] 

Items Concerning the Purchase, Sale or Lease of Real Property 

12. An authorizing a 10 year license for an existing basement and awnings extending into public right of way at the Gibbs Building, 105 N. Alamo Street, New City Block 422, Block 26, Lot 6, for the total consideration of $5,000.00. [Presented by Shawn Eddy, Interim Director, Asset Management; Erik J. Walsh, Assistant City Manager] 

13. An authorizing the acquisition of four tracts totaling approximately 51.11 acres of land along Leon and Salado Creeks in Districts 2, 6, and 10 in connection with the Linear Creekways Development Project for a total of $685,906.00, authorizing $6,563.00 for closing costs and title insurance, and appropriating $692,469.00 from Proposition 3 Sales Tax Initiative funds. [Presented by Malcolm Matthews, Director, Parks and Recreation; Frances A. Gonzalez, Assistant City Manager]

Miscellaneous Items 

14. An amending Chapter 22, Article 1, Section 22-1 of the City Code, entitled Restrictions on Sale and Use of Alcoholic Beverages in Parks, by changing the list of parks exempt from the restrictions. [Presented by Malcolm Matthews, Director, Parks and Recreation; Frances A. Gonzalez, Assistant City Manager] 

15. An authorizing the submission of a grant application for the FY 2006 Assistance to Firefighters Grant in the amount of $708,609.60 from the United States Fire Administration for the purchase of thermal imaging cameras, chargers and batteries, and training for use of this equipment. [Presented by Robert Ojeda, Fire Chief; Erik J. Walsh, Assistant City Manager] 

16. An approving the renewal of a fifteen year Interlocal Agreement and budget between the City of San Antonio and the Alamo Community College District for a one year period, beginning April 1, 2006, which facilitates administration of proceeds encumbered under the City of San Antonio vs. Alamo Community College District Settlement Agreement; and authorizing the execution of any agreements in connection therewith. [Presented by Ramiro Cavazos, Director, Economic Development; Jelynne LeBlanc Burley, Deputy City Manager]

17.  An authorizing the execution of a contract amendment with the Department of the Air Force providing $500,000.00 for the Public Center for Environmental Health of the San Antonio Metropolitan Health District for the period beginning October 1, 2005 through September 30, 2006; adopting the program budget; approving the personnel complement; and authorizing payments. [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant City Manager] 

18. An authorizing the execution of a contract change with the Texas Department of State Health Services providing $123,869.00 for the HIV Surveillance Program of the San Antonio Metropolitan Health District for the period January 1, 2006 through December 31, 2006; adopting the program budget; and approving the personnel complement. [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant City Manager]

19. An authorizing the execution of a contract change with the Texas Department of State Health Services providing $336,254.00 for the Sexually Transmitted Disease Staff Support Program of the San Antonio Metropolitan Health District for the period January 1, 2006 through December 31, 2006; adopting the project budget; and approving the personnel complement.  [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant City Manager] 

20. An authorizing the execution of a contract change with the Texas Department of State Health Services providing $126,194.00 for the Health Services/Education Program of the San Antonio Metropolitan Health District; extending the period from February 28, 2006 through August 31, 2006; and revising the program budget. [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant City Manager] 

21. An authorizing the acceptance of a grant award totaling up to $3,042,390.00 from the Department of Health & Human Services for the Immunization Project of the San Antonio Metropolitan Health District for the period January 1, 2006 through December 31, 2006; adopting the project budget; and approving the personnel complement. [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant City Manager] 

22. An authorizing settlement of a lawsuit styled Joe Tony Jew, Sr., et al., v City of San Antonio, Cause No. 2005-CI-12865, 224th Judicial District Court of Bexar County, Tx. [Presented by Michael D. Bernard, City Attorney; Sheryl Sculley, City Manager] 

23. An authorizing payment of a judgment in a lawsuit styled Claudio Esparza and Minerva Esparza v. City of San Antonio and Rolando Lopez, Cause No. 2001-CI-12800 and Cause No. 04-04-00631-CV. [Presented by Michael D. Bernard, City Attorney; Sheryl Sculley, City Manager] 

24. An authorizing the purchase of Aircraft Hull and Liability Insurance on City owned helicopters operated by the San Antonio Police Department, with ACE Property and Casualty Insurance Company, through McGriff, Seibels & Williams of Texas, Inc., the City’s Broker of Record, for a one year period beginning March 31, 2006 for an annual premium not to exceed $209,403.00, from the Liability Self-Insurance Fund. [Presented by Sharon De La Garza, Director, Human Resources; Frances A. Gonzalez, Assistant City Manager] 

25. An authorizing the purchase of Airport Owners and Operators Liability Insurance to provide liability coverage at the San Antonio International Airport and Stinson Municipal Airport, with ACE Property and Casualty Insurance Company, through McGriff, Seibels & Williams of Texas, Inc., the City’s Broker of Record, for a one year period beginning March 31, 2006, for a premium of $63,263.00, from the Liability Self-Insurance Fund. [Presented by Sharon De La Garza, Director, Human Resources; Frances A. Gonzalez, Assistant City Manager] 

26. An appropriating the amount of $500,000.00 to fund payments, in accordance with the San Antonio Air Service Incentive Program, to United Airlines for advertising and promotional expenses related to the air carrier’s initiation of  six new daily non-stop routes, with eleven scheduled frequencies between San Antonio and Colorado Springs, CO; Albuquerque, NM, Oklahoma City, OK; Tulsa, OK, Omaha, NB; Kansas City, KS; and New Orleans, LA; amending the Airport Operating Fund and authorizing payment to United Airlines in an initial amount of $350,000.00, and authorizing a second payment of up to $150,000.00 six months following the commencement of service, based upon continued operation of flights and frequencies during that period, for a potential total expenditure of $500,000.00. [Presented by Mark Webb, Acting Director, Aviation; Roland A. Lozano, Assistant to the City Manager] 

27. An ratifying the submission of an application to and authorizing the acceptance of a grant from the local board of the Federal Emergency Management Agency’s Emergency Food and Shelter National Board Program in the amount of $106,318.00 for the provision of rental and mortgage assistance for the period October 1, 2005 to September 30, 2006; authorizing the execution of any and all documents in connection with the acceptance of the grant; and approving a budget. [Presented by Dennis Campa, Director, Community Initiatives; Frances A. Gonzalez, Assistant City Manager] 

28. A Resolution terminating the review process for the application for the use of Tax Increment Financing (TIF) for the Foster Meadow Project located outside Loop 410 and south of US Hwy 87 East in District 2. [Presented by David Garza, Director, Neighborhood Action; Jelynne LeBlanc Burley, Deputy City Manager] Item tabled 2 weeks

29. An authorizing the acceptance of a Brownfields Petroleum Assessment Grant from the U.S. Environmental Protection Agency in the amount of $200,000.00 to implement environmental site assessments in order to encourage the redevelopment of abandoned, vacant, or underutilized gasoline filling stations, and petroleum contaminated sites located within the City of San Antonio. [Presented by David Garza, Director, Neighborhood Action; Jelynne LeBlanc Burley, Deputy City Manager] 

30. An naming the City-owned building located at 1800 Fredericksburg Road the “Deco Building”, as requested by Councilman Flores, District 1. [Presented by David Garza, Director, Neighborhood Action; Jelynne LeBlanc Burley, Deputy City Manager] 

31. An   allowing the development and construction of the  San Juan Square Phase II Multi-family Housing  Construction Project located in District  5, in compliance with the Texas Department of Housing and Community Affairs requirement for a development which is located within one (1) linear mile of an existing development that serves the same type of household. [Presented by Andrew Cameron, Director, Housing and Community Development; Jelynne LeBlanc Burley, Deputy City Manager]

Board, Commissions and Committee Appointments 

32.  Consideration of the following Board Appointments: [Presented by Leticia M. Vacek, City Clerk] 

A.     An appointing Dr. Thomas Hoy (District 1) to the City of San Antonio, Texas Education Facilities Corporation for the remainder of an unexpired term of office to expire December 15, 2007.  

B.     An reappointing Rolando Pablos (District 1) to the Small Business Advocacy Committee for a term of office to expire May 31, 2007. 

THE CITY COUNCIL WILL RECESS FOR LUNCH AT NOON AND MAY RECONVENE AT 1 P.M. TO CONSIDER EXECUTIVE SESSION ITEMS AND ANY UNFINISHED COUNCIL BUSINESS. 

The City Council will recess into an executive session to discuss the following: 

A.     Discuss legal issues related to Shavano Rogers Ranch North No. 3, Ltd v City of San Antonio, Cause No. 2005-CI-0528, pursuant to Texas Government Code Section 551.071 (consultation with attorney).   

B.     Discuss legal issues related to Claudio Esparza and Minerva Esparza v. City of San Antonio and Rolando Lopez, Cause No. 2001-CI-12800 and Cause No. 04-04-00631-CV, pursuant to Texas Government Code Section 551.071 (consultation with attorney).   

C.     Discuss matters related to impact fees under Chapter 395 of the Local Government Code, pursuant to Texas Government Code Section 551.071 (consultation with attorney).    

D.    Discuss legal issues related to possible litigation pertaining to the malfunction of the Fire Department’s breathing apparatus equipment, pursuant to Texas Government Code Section 551.071 (consultation with attorney).     

2:00 P.M. TIME CERTAIN ITEMS (may be heard after this time): Public Hearing and Consideration of the Following Adoption and Amendments of the Neighborhood, Community, Perimeter, and Major Thoroughfare Plans as Components of the Master Plan and Zoning Cases. [Plan Cases presented by Emil R. Moncivais, Director, Planning; Zoning Cases presented by Florencio Peña, Director, Development Services; Jelynne LeBlanc Burley, Deputy City Manager]           

P-1. PLAN AMENDMENT: A amending the City of San Antonio’s Major Thoroughfare Plan as a component of the San Antonio Master Plan by adding, deleting and realigning various proposed thoroughfares within the City’s corporate limits and portions of its extraterritorial jurisdiction.

 

P-2. PLAN AMENDMENT (Districts 1 and 9): A case amending the River Road Neighborhood Plan, a component of the Master Plan of the City, to update the land use element of the plan in an area of approximately 102.8 acres bound by Brackenridge Park to the north, east and south, and US Highway 281 to the west. Staff and Planning Commission recommend Approval.

 

Z-1. ZONING CASE #Z2005282 CD (District 1):  A case amending the zoning district boundary from "R-4" RIO-1  Residential Single-Family, River Improvement Overlay District-1 to "R-4" RIO-1 (CD-2, 4 or 6 Dwelling Units) Residential Single-Family Conditional River Improvement Overlay District-1 with a Conditional Use for 2, 4, or 6 dwelling units on Lot 1 and Lot 2, NCB 6938; Lot 1 NCB 6939; Lot 8 and the West 12.5 feet of Lot 9 NCB 6939; the East 12.5 feet of Lot 12, all of Lot 13 and Lot 14, NCB 6939; Lot 20 and Lot 21, Block 2, NCB 6530; Lot 4 and the West 25 feet of Lot 5, Block 3, NCB 6202; Lot 9 and the West 25 feet of Lot 10, Block 4, NCB 6203, located at 803, 831, 850, 853, and 857 East Magnolia, 115 and 134 Armour Place, and 205 Ostrom; Lot 19 and Lot 20, Block 2, NCB 6201, 668 East Woodlawn; A 17.3 foot by 40.84 foot tract out of the Southeast corner of Lot E, City Block A-2, Lot 1 save and except the North 88.00 feet of the West 12.60 feet thereof, all of Lot 2, all of Lot 3, and Lot 4 save and except the North 74.40 feet of the East 33.00 feet thereof and also the South 74.39 feet of the East 23 feet thereof, NCB 7080, 120 Anastacia; as requested by the City of San Antonio, Applicant, for Multiple Owner(s).  Staff and Zoning Commission recommend Approval.

 

Z-2. ZONING CASE #Z2005278 CD (District 1): Single-Family District to "R-4" (CD-Beauty Shop) Residential Single-Family District with a Conditional Use for a Beauty Shop on Lot 22, Block 3, NCB 9667, 2239 Basse Road as requested by Marissa Castro, Applicant, for Juan Castro, Owner(s). Staff and Zoning Commission recommend Denial.  Item Denied

           

Z-3. ZONING CASE #Z2005296 CD (District 3): A case amending the zoning district boundary from "R-6" (CD-2 Residences) Residential Single-Family with a Conditional Use for 2 residences on one lot to "R-6" (CD-Multi-Family) Residential Single-Family with a Conditional Use for multi-family dwellings not to exceed 5 units per acre on the West 108.9 Feet of Lot 203, Block 19, NCB 11118, 344 Gillette Boulevard as requested by Claudia Teresa Hidalgo, Applicant, for Claudia Teresa Hidalgo, Owner(s). Staff and Zoning Commission recommend Approval.
 

Z-4. ZONING CASE #Z2006034 (District 3): A case amending the zoning district boundary from "I-1" General Industrial District to "C-2" Commercial District on Lot D and Lot 270, Block 3, NCB 9488, 6730 South Flores Street and 103 Lorita Drive as requested by Robert N. Hamilton, Applicant, for Dr. Martin Garcia, Owner(s). Staff and Zoning Commission recommend Approval.

 

Z-5. ZONING CASE #Z2006048 (Council District 3): A case amending the zoning district boundary from "R-4" Residential Single-Family District to "RD" Rural Development District on Lots 48, 47, the East 93 Feet of Lot 46 and the West 70.03 Feet of Lot 46, NCB 15666, located at 11506, 11510, and 11520 US Highway 281 South as requested by Jacqueline A. Talamantez, Applicant, for Julia Escalante, David Escalante, Jeromy Escalante, Owner(s). Staff and Zoning Commission recommend Approval.

           

Z-6. ZONING CASE #Z2006044 (District 5): A case amending the zoning district boundary from "I-2" Heavy Industrial District and "I-1" General Industrial District to "L" Light Industrial District on 0.742 acres out of Lot 193, NCB 35, 1618 S. Zarzamora Street as requested by San Antonio Produce Terminal Market, Applicant, for San Antonio Produce Terminal Market, Owner(s). Staff and Zoning Commission recommend Approval.

 

Z-7. ZONING CASE #Z2006023 (District 8): Residential Single-Family Edwards Recharge Zone District to "C-2 NA ERZD" Commercial Nonalcoholic Sales Edwards Recharge Zone District on Lot 1, Block 4, NCB 14759, 7403 West Loop 1604 as requested by Jeanette Blount, Applicant, for Jeanette Blount, Owner(s). Staff and Zoning Commission recommend Approval with SAWS site specific recommendations.   Sent back to Zoning Commission

           

Z-8. ZONING CASE #Z2006035 (District 8): A case amending the zoning district boundary from "C-1" Commercial District to "C-2" Commercial District on 2.450 acres out of NCB 12830, 8300 Wurzbach Road as requested by Granite S. A. Portfolio IV S, L.P., Applicant, for Granite S. A. Portfolio IV S, L.P., Owner(s). Staff and Zoning Commission recommend Approval.

 

Z-9. ZONING CASE #Z2006049 CD (District 8): A case amending the zoning district boundary from PUD "RM-4"  Planned Unit Development Mixed Residential District and "RM-4"  Mixed Residential District to PUD "RM-4" (CD-Outdoor Art Gallery) Residential Mixed Planned Unit Development District with a Conditional Use for an Outdoor Art Gallery on Lot 13B, Lot 14B and Lot 15B out of NCB 14735 and "RM-4" (CD-Outdoor Art Gallery) Mixed Residential District with a Conditional Use for an Outdoor Art Gallery on Lot TR-16, Lot TR-17 and Lot TR-18 out of NCB 14735, 11356 Vance Jackson Road as requested by Roy R. Barrera, Sr., Applicant, for Roy R. Barrera, Sr., Owner(s). Staff and Zoning Commission recommend Approval with conditions.

           

Z-10. ZONING CASE #Z2006001 S (District 9): General Commercial Edwards Recharge Zone District to "C-3 ERZD S” General Commercial Edwards Recharge Zone District with a Specific Use Permit for a Carwash on 0.637 acres out of Lot 2 and Lot 3, Block 10, NCB 16329, 18150 Blanco Road as requested by Texas Shine Express, LLC., Applicant, for FC Properties One, LTD., Owner(s).  Staff and Zoning Commission recommend Approval with SAWS recommendations and site specific conditions.

Item cont. to 4/13/06

Z-11. ZONING CASE #Z2006016 S (District 9): District to "C-2NA S" Commercial, Nonalcoholic Sales District with a Specific Use Permit for a Car Wash on Lot 4, Block 4, NCB 17653, 12930 Jones Maltsberger Road as requested by Brown P.C., Applicant, for McAllister Car Wash, LLC, Owner(s). Staff recommends Approval; Zoning Commission recommends Denial. 

Sent back to Zoning Commission

 

Z-12. ZONING CASE #Z2006011 CD (District 10): A case amending the zoning district boundary from "C-3" General Commercial District and "C-2" Commercial District to "RM-5" (CD-Multi-Family Dwellings) Mixed Residential District with a Conditional Use for Multi-Family Dwellings not to exceed 13 units per acre on Lot 76, Block 1, NCB 16273, 13600 Block of O'Connor Road as requested by Bruce Shepherd, Applicant, for Bruce Shepherd, Owner(s). Staff and Zoning Commission recommend Approval.

 

Z-13. ZONING CASE #Z2006043 (District 10): District and "C-3R" Restrictive Commercial District to "NC" Neighborhood Commercial District on Lot 11, Block 1, NCB 17820, 3615 Tavern Oaks as requested by the City of San Antonio, Applicant, for Rob and Nancy Talbott, Owner(s). Staff recommends Approval. Zoning Commission recommends Denial.   Item Failed

33. City Manager’s Report 

5:00 P.M. (may be heard after this time)Ceremonial Recognitions 

6:00 P.M. (may be heard after this time) – Citizens to be Heard 

ADJOURN 

7:00 P.M. – If Council has not yet adjourned, the presiding officer shall entertain a motion to recess the council meeting and reconvene at 9:00 a.m., or any other time designated by Council, on the following day. If no motion is made or if a motion is made and it fails, the meeting will continue until adjourned.