Agenda

City Council Meeting

Municipal Plaza Building

City Hall Complex

103 Main Plaza

San Antonio, Texas 78205

March 31, 2005

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 in the B Room of the Municipal Plaza Building at 10:00 A.M. and recess into executive session for the following: 

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). 

II.     The City Council will convene in Council Chambers, Municipal Plaza Building in a Regular Council Meeting at 1:00 P.M. 

1.      Invocation by Chaplain (Captain) Regina O. Samuel, Basic Military Training Branch, Lackland Air Force Base, guest of Mayor Edward D. Garza, and Pledge of Allegiance.  

2.      Ceremonial Items. 

3.      Approval of the minutes of the regular City Council meeting of  March 10 and 17, 2005 and the Special City Council meeting of March 16, 2005. 

 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: 

4.           1:30 P.M. - Consideration of the following Ordinances: [Presented by Milo D. Nitschke, Director, Finance; Melissa Byrne Vossmer, Assistant City Manager]  

A.     An authorizing the issuance of approximately $122,485,000.00 "City of San Antonio, Texas General Improvement and Refunding Bonds, Series 2005"; levying a continuing direct annual ad valorem tax for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale and delivery of the bonds, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement, an escrow and trust agreement, and a purchase contract; complying with the provisions of the Depository Trust Company's letter of representations; and enacting other provisions incident and related to the subject and purpose of this ordinance; and providing for an immediate effective date upon passage by eight affirmative votes. 

B.     An authorizing the issuance of approximately $10,740,000.00 "City of San Antonio, Texas Combination Tax and Revenue Certificates of Obligation, Series 2005"; providing for the payment of the certificates by a levy of an ad valorem tax upon all taxable property within the City and further securing the certificates by a lien on and pledge of the pledged revenues; providing the terms and conditions of the certificates and resolving other matters incident and relating to the issuance, payment, security, sale, and delivery of the certificates, including the approval and distribution of an official statement; authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the provisions of the Depository Trust Company's letter of representations; and providing for an immediate effective date upon passage by eight affirmative votes.  

5.      5:00 P.M. - Citizens to Be Heard. 

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        

6.      An accepting the bid submitted by Express Video, Inc. for the purchase of (175) gambling devices (eight liners) in the amount of $107,231.00, seized as a result of criminal investigations by the San Antonio Police Department and subsequently forfeited by orders of the courts; and authorizing payment in the amount of $28,324.24 to the Bexar County District Attorney's Office. [Presented by Janie B. Cantu, Director, Purchasing & General Services; Erik J. Walsh, Assistant to the City Manager]  

7.      An accepting the proposal submitted by Philpott Motors, Ltd. utilizing the Texas BuyBoard contract, to provide the City of San Antonio Fire Department with one (1) sport utility vehicle for a total cost of $30,249.00, from Urban Area Security Initiatives grant funds. [Presented by Janie B. Cantu, Director, Purchasing & General Services; Erik J. Walsh, Assistant to the City Manager]  

8.      An accepting the low, responsive bid submitted by Golf Cars, Etc., to provide the City of San Antonio Public Works and Parks and Recreation Departments with six (6) replacement utility vehicles for a total cost of $79,648.08. [Presented by Janie B. Cantu, Director, Purchasing & General Services; Erik J. Walsh, Assistant to the City Manager]  

9.      An accepting the low, responsive bid submitted by Texas Specialty Steel to provide the City of San Antonio Parks & Recreation Department with steel and iron fencing materials for the Historic Eastside Cemeteries Fencing Project for a total cost of $39,981.84; and approving the appropriation and encumbrance of $50,000.00 from 2003-2007 Parks and Recreation Improvements Bond funds. [Presented by Janie B. Cantu, Director, Purchasing & General Services; Erik J. Walsh, Assistant to the City Manager]  

10. An accepting the low, responsive bid submitted by Fitness In Motion to provide the City of San Antonio Police Department with (6) treadmills for a total cost of $37,474.50. [Presented by Janie B. Cantu, Director, Purchasing & General Services; Erik J. Walsh, Assistant to the City Manager]  

Capital Improvement Items  

11. An accepting the low, responsive bid in the amount of $184,124.00 from Turner Roofing Company, Ltd., to provide construction services in connection with the Park Facility Roof Replacement Package, which includes the Westside YMCA building in Rosedale Park (2900 Ruiz Street in Council District 5), and the Cuellar Park Community Center (5626 San Fernando in Council District 6); authorizing the execution of a construction contract; authorizing $18,413.00 for construction contingency expenses; authorizing $1,500.00 for mandatory project fees, for a total amount of $204,037.00 from 2003-2007 Park Bond funds; appropriating funds; and providing for payment. [Presented by Malcolm Matthews, Director, Parks and Recreation; Christopher J. Brady, Assistant City Manager] 

12. An accepting the low, responsive bid in the amount of $256,500.00 from United Enterprises (SBE/DBE/MBE) to provide construction services in connection with the Friedrich Park Improvements Project, located in Council District 8; authorizing the execution of a construction contract; authorizing $61,750.00 for construction contingency expenses; authorizing $1,506.46 for mandatory project fees; authorizing an additional $119.54 for bid advertising and printing expenses, for a total amount of $319,876.00 from 1999-2004 Park Bond funds; appropriating funds; and providing for payment. [Presented by Malcolm Matthews, Director, Parks and Recreation; Christopher J. Brady, Assistant City Manager] 

13. An approving Field Alteration No. 6 in the amount of $19,632.12 from 1999-2004 General Obligation Street Improvement Bond funds and San Antonio Water System Field Alteration No. 2 in the amount of $22,554.60, for a total amount of $42,186.72 payable to K.G.M.E, Inc., in connection with the Mockert Area Streets Project, located in Council District 5; revising the project budget; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

14. An approving Field Alteration No. 5-Final and authorizing payment in the amount of $25,492.19 from the project's construction contingency fund to R.L. Jones, L.P., in connection with the Braniff - Turbo to U.S. 281 Project, located in Council District 9; revising the project budget; appropriating funds; and providing for payment.  [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

15. An approving SAWS Field Alteration No. 1 by reducing the contract with San Antonio Constructors, Inc., by $37,470.73 in connection with the Flores/Breeden/Beacon Drainage Outfall, Phase II Project, located in Council District 1; and revising the project budget. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

16. An authorizing payment in the amount of $19,800.00 to Kinnison & Associates, Architects (SBE) for stand-by architectural services, passed and approved on September 2, 2004, by Ordinance No. 99637, in connection with the Claude Black Community Center Roofing Community Development Block Grant (CDBG) Project, located in Council District 2; authorizing $1,980.00 for miscellaneous architectural contingency expenses; authorizing $900.00 for reimbursable expenses, for a total amount of $22,680.00; revising the budget; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager]

17. An accepting the low, responsive bid of Salinas Construction Technologies, Ltd. (SBE/DBE/MBE) in the amount of $1,966,250.69 in connection with the Avondale - New Braunfels to IH37/Hillje - Avondale to Hot Wells Community Development Block Grant (CDBG) Projects, located in Council District 3; authorizing the execution of a construction contract; authorizing $115,188.31 for miscellaneous construction contingency expenses; authorizing $80,631.82 for expense recovery; authorizing $2,000.00 for advertising expenses; authorizing the reimbursement from the San Antonio Water System (SAWS) in the amount of $537,216.53 for sewer and water expenses; authorizing the reimbursement from City Public Service (CPS) of $277,151.04, for a total amount of $2,164,070.82; appropriating funds; revising the project budget; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

18. An authorizing $30,000.00 for in-house Design Capital Administrative Costs in connection with the Linda Lou - Presa to Hackberry Project, located in Council District 3; authorizing $2,000.00 for design contingency expenses; authorizing $2,000.00 for advertising expenses; authorizing $1,500.00 for Environmental Services Department Administrative Costs, for a total amount of $35,500.00 from 2003-2007 General Obligation Drainage Improvement Bond funds; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

19. An authorizing $30,000.00 for in-house Design Capital Administrative Costs in connection with the Hackberry - Steves to Southcross Project, located in Council District 3; authorizing $2,000.00 for design contingency expenses; authorizing $2,000.00 for advertising expenses; authorizing $1,500.00 for Environmental Services Department Administrative Costs, for a total amount of $35,500.00 from 1999-2004 General Obligation Street Improvement 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 

20. An authorizing funds in the amount of $2,400.00 from 2003-2007 General Obligation Street Improvement Bond funds payable to James W. Ponton, MAI, for appraisal services in connection with the Marbach Road Phase I - Military Drive to Pinn Road Project, located in Council District 6; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

21. An authorizing funds in the amount of $15,061.85 from General Obligations of the City payable to Davidson & Troilo, P.C., for legal services necessary to the real estate acquisitions for the following approved City projects: Babcock Road/Leon Creek Improvements - Hausman to DeZavala Project, located in Council District 8; Bitters Road - West Avenue to Heimer MPO Project, located in Council District 9; the Culebra/Loop 410 Detention Pond Project, located in Council District 6; Loop 410 at Nacogdoches Drainage Improvements Project, located in Council Districts 9 and 10; and the Mission Trails Package IV Project, located in Council Districts 1, 3 and 5; revising the project budgets; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

22. An authorizing the acceptance of a Gift Deed from the Melograno Apartments, L.P., a Texas limited partnership, its predecessor in interest or any other predecessor in interest from which it would be appropriate to secure a correction deed if required, to execute the transfer of 0.09 acre and 0.10 acre acre tracts of land, both from Lots 1 and 2, Block 3, NCB 17253, for a right of way dedication within the Oakridge Subdivision, located in Council District 8. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

23. An authorizing the expenditure of funds in the amount of $1,355,926.00 for fee simple title and/or easement interest to seventy-four (74) privately owned real properties along Salado Creek in Council Districts 2 and 9 and along Leon Creek in Council Districts 4 and 6, and for other expenses associated with acquiring the properties, in connection with the Proposition Three Creekways Linear Parks Acquisition and Park Expansion Project; appropriating funds; and providing for payment. [Presented by Christopher J. Brady, Assistant City Manager; J. Rolando Bono, Interim City Manager] 

24. An authorizing the execution of six (6) Patio Display License Agreements located in the outdoor patio at Market Square in Council District 1, which will commence on April 1, 2005 and expire on March 31, 2010, with rental rates of $1.08 per square foot per  month to be adjusted each year by the Consumer Price Index. [Presented by Malcolm Matthews, Director, Parks and Recreation; Christopher J. Brady, Assistant City Manager] 

25. An authorizing the assignment of an eight (8) year standard form El Mercado Lease Agreement from Lydia Smith d/b/a Lydia's to Perla and Mariano Garcia d/b/a La Perla in the City of  San Antonio's El Mercado at Market Square in Council District 1; and amending the agreement to reflect current lease terms and conditions. [Presented by Malcolm Matthews, Director, Parks and Recreation; Christopher J. Brady, Assistant City Manager] 

Miscellaneous

26. An authorizing the acceptance of an additional $286,541.00 from the Texas Department of State Health Services ("TDSHS") to augment support for the Inner-City School Immunization Program of the San Antonio Metropolitan Health District and to extend the grant period through August 31, 2005; approving the execution of a change to the contract with TDSHS; revising the program budget; and amending the personnel complement. [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant City Manager] 

27. An authorizing the acceptance of the Calendar Year 2005 grant award from the U.S. Public Health Service for the Immunization Project of the San Antonio Metropolitan Health District that initially provides $1,026,164.00 in financial support, $3,696,227.00 in-kind vaccine support and $27,907.00 in-kind personnel support; authorizing acceptance of subsequent funding in an amount not to exceed $15,833,611.00 from the U.S. Public Health Service for the period January 1, 2005 through December 31, 2005; adopting a project budget; and approving personnel complements.  [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant City Manager] 

28. An authorizing the execution of a contract change with the Texas Department of State Health Services ("TDSHS") in order to change the funding of the grant period for the Sexually Transmitted Disease Control Program of the San Antonio Metropolitan Health District from August 31, 2005 to December 31, 2004 in order to reduce program support by $51,364.00; and revising the program budget. [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant City Manager] 

29. An authorizing the acceptance of an additional $31,000.00 from the Texas Department of State Health Services ("TDSHS") to augment support for the Title X Family Planning Program 2004/2005 of the San Antonio Metropolitan Health District for the period September 1, 2004 through August 31, 2005; approving the execution of a change to the contract with TDSHS; adopting the program budget; and authorizing payments for contractual services. [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant City Manager] 

30. An authorizing the acceptance of $33,925.00 from the March of Dimes Birth Defects Foundation to renew support for the "Learn, Eat and Enjoy" Program of the San Antonio Metropolitan Health District for the period March 1, 2005 through February 28, 2006; authorizing the execution of a grant agreement with the March of Dimes; adopting the program budget; approving the personnel complement; and authorizing payment for contractual services. [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant City Manager] 

31. An authorizing the acceptance of $37,672.00 from the University of Texas Health Science Center at San Antonio ("UTHSCSA") for the participation of the San Antonio Metropolitan Health District in the San Antonio Center for the Study of Stillbirth Project for the period August 1, 2004 through July 31, 2005; authorizing the execution of an agreement with UTHSCSA; adopting the project budget; and approving the personnel complement. [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant City Manager] 

32. An authorizing the acceptance of donations in the total amount of $5,350.00, $3,850.00 from Cox Radio, Inc., $1,000.00 from the United Services Automobile Association, and $500.00 from Kinetic Concepts, Inc.. in order to support the Special Immunizations Promotions Project of the San Antonio Metropolitan Health District; and revising the program budget. [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant City Manager] 

33. An authorizing the execution of an agreement in the amount of $55,000.00 with the U.S.  Geological Survey, United States Department of the Interior ("USGS") whereby the USGS will provide surface water data collection and monitoring activities for Leon Creek, upstream and downstream from the former Kelly Air Force Base during the period October 1, 2004 through September 30, 2005; and authorizing payment for contractual services. [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant City Manager] 

34. An authorizing the execution of an agreement with Parent/Child Incorporated (PCI) which will allow the San Antonio Metropolitan Health District to provide approximately 5,800 physical examinations for children enrolled in PCI programs on a reimbursable fee-for-service basis in an amount not to exceed $238,600.00 for the period February 1, 2005 to January 31, 2006; adopting the program budget; approving the personnel complement; and authorizing payments for contractual services, and rental payments. [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant City Manager] 

35. An authorizing a second amendment to the Fiesta Carnival and Parade Route Concessions Contract between Fiesta San Antonio, Inc., and Reed Exposition Midways to operate a "Carnival Annex" at 303 Santa Rosa, as requested by the Fiesta San Antonio Commission, Inc. [Presented by Malcolm Matthews, Director, Parks and Recreation; Christopher J. Brady, Assistant City Manager] 

36. An authorizing the Interim City Manager or his designee to accept grant funds in the amount of $366,258.00 for the FY 2004 Assistance to Firefighters Grant Program administered by the United States Fire Administration, which will be used for Fire Officer I and II Certification, Advanced Incident Management and Communications training and communication equipment.. [Presented by Robert Ojeda, Fire Chief; Christopher J. Brady, Assistant City Manager] 

Approval of Temporary Street Closures and Traffic Control Procedures for Special Events 

37. An authorizing the temporary closure of certain streets in connection with the 2005 Fiesta San Antonio Celebration; approving the locations, dates and times for the Fiesta Carnival and official Fiesta events; and related requirements and conditions; approving the Fiesta Parade Routes; providing for a fine of not more than two hundred dollars ($200.00) for violation of this Ordinance, Ordinance No. 88270, and Ordinance No. 97380. [Presented by Roland A. Lozano, Assistant to the City Manager; J. Rolando Bono, Interim City Manager] 

Board, Commissions and Committee Appointments.  

38. Consideration of the following Ordinances: [Presented by Leticia M. Vacek, City Clerk] 

A.     An reappointing Christopher J. Brady (City Manager's Designee Category - District 10) to the Brooks Development Authority for a term of office to expire on November 4, 2006.  

B.     An appointing Brig. Gen. Robert Murdock (Mayor) to the City Commission on Veterans Affairs for a term of office to expire on December 31, 2006.  

C.     An reappointing Ruby Mae Johnson (District 6) to the City/County Commission on Elderly Affairs for a term of office to expire on September 30, 2006.  

D.    An appointing Rene Balderas (District 1) to the Board of Adjustment for a term of office to expire on February 22, 2007.  

E.     An appointing Timothy B. Cone (General/Real Estate Law Category - District 1) to the Historic Design and Review Commission for a term of office to expire on December 31, 2006.  

ITEMS FOR INDIVIDUAL CONSIDERATION 

39. An approving a contract for election services, with Bexar County through the Bexar County Elections Administrator, authorizing the Bexar County Elections Administrator to officially conduct the Saturday, May 7, 2005 Joint General and Special Election and to conduct a run-off election on Tuesday, June 7, 2005, if necessary; setting forth the duties and responsibilities of the City of San Antonio and the Bexar County Elections Administrator; appointing election Judges and Clerks for the City of San Antonio for said Joint General and Special Election and for said run-off election, if necessary; and authorizing payment for election services.  [Presented by Leticia M. Vacek, City Clerk]

40. An approving a Joint Election Agreement with the Northside Independent School District for the Joint General and Special Election to be held on Saturday, May 7, 2005, to be conducted by the Bexar County Elections Administrator.  [Presented by Leticia M. Vacek, City Clerk]

41. An authorizing the execution of an operating agreement in the amount of $2,157,654.00 between the City of San Antonio and the Brooks Development Authority with an expiration date of  September 30, 2005.  [Presented by Ramiro A. Cavazos, Director, Economic Development; Jelynne LeBlanc Burley, Assistant City Manager] 

42. Consideration of the following Ordinances: [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

A.           An authorizing the Interim City Manager or his designee to execute an agreement  with the Texas Department of Transportation for construction/reconstruction, maintenance, and operation of additional aesthetic improvements in connection with the Houston and Commerce Underpass (Houston and Commerce at I.H. 37) Enhancements Project, located in Council Districts 1 and 2.  

B.           An authorizing the Interim City Manager or his designee to execute two funding agreements with the St. Paul Square Association, Inc., and Bexar County in connection with the Houston and Commerce Underpass Enhancements Project; authorizing the acceptance of $50,000.00 from the St. Paul Square Association, Inc., and the acceptance of $155,000.00 from Bexar County; appropriating $150,000.00 from General Obligations of the City; authorizing the execution of an agreement with and payment in the amount of $319,500.00 to Bill FitzGibbons for construction services; authorizing $35,500.00 for construction contingency expenses, for a total amount of $355,000.00; and providing for payment. 

43. An authorizing the Interim City Manager or his designee to make a joint application with Bexar County for a Justice Assistance Grant from the U.S. Department of Justice, Bureau of Justice Assistance for a City/County project addressing child abuse; and authorizing the execution of an Interlocal Agreement with Bexar County regarding the distribution of the grant funds and designating Bexar County as the grant fiscal agent. [Presented by Albert A. Ortiz, Police Chief; Christopher J. Brady, Assistant City Manager] 

44. An designating a PetPals of Texas event on May 21, 2005 as an official City of San Antonio co-sponsored event, on a one-time basis and waiving associated fees; as requested by Councilman Art A. Hall, District 8. [Presented by Malcolm Matthews, Director, Parks and Recreation; Christopher J. Brady, Assistant City Manager] 

45. A affirming the City of San Antonio's control over, and prohibition of, drilling and mining in Medina River Park to satisfy a condition contained in a grant from the Texas Parks and Wildlife. [Presented by Malcolm Matthews, Director, Parks and Recreation; Christopher J. Brady, Assistant City Manager] 

46. Authorization for Councilman Enrique M. Barrera, District 6, who will attend the 92^nd Annual Texas Municipal League Conference and Exhibition at the American Bank Center in Corpus Christi, Texas from Saturday, April 2, 2005 through Tuesday, April 5, 2005.  

47. City Manager's Report. 

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

A.   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). 

B.     Deliberate the offer of financial or other incentives related to economic development negotiations with the following business prospects: Texas A&M University System, Faulkner USA,  Hanford Development Corporation, and one or more other business prospects, 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). 

C.     Deliberate the purchase, exchange, lease, or value of real property located at 1001 E. Market Street, San Antonio, Texas 78205, pursuant to Texas Government Code Section 551.072 (deliberation regarding real property). 

D.     Deliberate the exchange and value of real property owned by the University of Texas at HemisFair Park for city property located in the central business district, pursuant to Texas Government Code Section 551.072 (deliberation regarding real property). 

E.      Discuss legal issues related to negotiation of service agreements with representatives of areas included in the City's Three Year Annexation Plan, pursuant to Texas Government Code Section 551.071 (consultation with attorney). 

F.      Discuss legal issues related to a pending request for annexation submitted by the City of Timberwood Park Committee, pursuant to Texas Government Code Section 551.071 (consultation with attorney).