Agenda

City Council Meeting
Municipal Plaza Building
City Hall Complex
103 Main Plaza
San Antonio, Texas 78205
May 8, 2003

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: 

Staff presentation on City-Wide Project Selection and Resource Allocation for 2003 General Obligation Bond Program. [Presented by Lou Lendman, Director, Management and Budget; Christopher J. Brady, Assistant City Manager] 

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 Patrick Andrews, Southeast Church of Christ, and Pledge of Allegiance. 

2.      Ceremonial Items. 

3.      Approval of the minutes of the Regular City Council Meeting of April 10, 2003. 

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: 

4.      2:00 P.M. - Public Hearing and Consideration of the following Zoning Cases: [Presented by Florencio Pena, Director, Development Services; Christopher J. Brady, Assistant City Manager] 

A.     NUMBER Z2003053 S: The request of Southside Credit Union, Applicant, for Southside Credit Union, Owner(s), for a change in zoning from "H RM-4" Historic Residential Mixed Historic District to "H NC S" Historic Neighborhood Commercial District with specific use authorization for a bank without a drive-through facility on Lot 5, Block 3, NCB 744, 1017 South Alamo Street. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 1) 

B.     NUMBER Z2003056: The request of City of San Antonio, Historic Preservation Officer, Applicant, for San Antonio Housing Trust Investment Corporation, Owner(s), for a change in zoning to designate Historic Significance on Lot 23, Block A, NCB 8800, 2515 Blanco Road. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 1) 

C.     NUMBER Z2003057: The request of City of San Antonio, Historic Preservation Officer, Applicant, for Richard and Ruth Vasquez, Owner(s), for a change in zoning to designate Historic Significance on West 39.3 Ft. of the East 73.0 Ft. of Lots 1, 2 & 3, NCB 680, 721 West Poplar Street. Staff's recommendation was for approval.  Zoning Commission has recommended approval. (Council District 1) 

D.     NUMBER Z2003065: The request of City of San Antonio, Applicant, for Multiple Property Owners, Owner(s), for a change in zoning to establish a Neighborhood Conservation District 2 (NCD-2) Overlay District on an area generally bounded by West Myrtle to the south, San Pedro to the east, Hildebrand to the north and the Union Pacific Railroad tracks to the west. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 1) 

E.      NUMBER Z2003067: The request of City of San Antonio, Applicant, for Lansdowne Investments Ltd., Edgar K and Maxine M Markwardt, Arthur Veltman Jr, James and Patricia Doolittle, Eileen B. Biering et al, Betty Jean Baumgardner, Greenhill Enterprises Inc., Hospitalite Suisse Inc., Equity Inn Partnership LP, Gal-Tex Crockett Inc c/o Gal-Tex Hotel Corporation, Keystone-Texas Property Holding Corporation, Olga Donovan, Russell Noe, John H White et al c/o DB Harrell Mgmt. Inc., Owner(s), for a change in zoning to designate the Alamo Viewshed Protection District on 300 Alamo Plaza by amending the City Code of San Antonio, Texas Chapter 35, Unified Development Code, Section 35-337, Viewshed Protection District, to establish an Alamo Viewshed Protection District, VP-1, generally bounded by East Houston Street and Bonham Street on the north, Interstate Highway 37 on the east, East Crockett Street on the south, and Alamo Plaza on the west.  Staff's recommendation was for approval.  Zoning Commission has recommended approval. (Council District 1) 

F.      NUMBER Z2003044: The request of Placid Investments, Applicant, for Placid Investments, Owner(s), for a change in zoning from "NP-10" Neighborhood Preservation District to "R-4" Residential Single-Family District on 0.159 acres out of NCB 16552, 6470 FM 1516. Staff's recommendation was for approval. Zoning Commission has recommended denial. (Council District 2) 

G.     NUMBER Z2003049: The request of Exxon Mobil Oil Corp. c/o Civil Engineering Consultants, Applicant, for George Harris DBA Harris Park, Owner(s), for a change in zoning from "I-1" General Industrial District to "C-3" General Commercial District on .32 acres out of NCB 10616, 4430 IH 10 East. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 2) 

H.     NUMBER Z2003036: The request of Earl & Brown, P.C., Applicant, for RR Group, Ltd., Contact: Israel Fogiel, President, Owner(s), for a change in zoning from "MF-33" Residential Multi-Family District, "C-3 R" Commercial Restrictive Alcoholic Sales District, and "R-6" Residential Single-Family District to "R-5" Residential Single-Family District on 46.04 acres out of NCB 18159, and from "R-6" Residential Single-Family District to "C-2" Commercial District on 12.06 acres out of NCB 18159, on the south side of Marbach Road between Hunt Lane and South Ellison Drive. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 4)  

I.        NUMBER Z2003054: The request of JRJAHA, Ltd. Attn: John W. Feik, Applicant, for John W. Feik, Owner(s), for a change in zoning from "C-2" Commercial District, "C-3" Commercial District and "MF-33" Multi-Family District to "R-5" Residential Single-Family District on 39.431 acre tract of land out of NCB 15228, 7900 block of I.H. 410 Southwest and 5800 block of Ray Ellison Drive. Staff's recommendation was for approval. Zoning Commission has recommended approval. Council District 4) 

J.       NUMBER Z2002258: The request of City of San Antonio, Applicant, for WOH Holdings Inc. c/o Charles Martin Wender, Owner(s), for a change in zoning from "R-6" Residential Single-Family District to "R-6 PUD" Residential Single-Family Planned Unit Development District on 92.34 acre tract of land out NCB 17642, 4100 Block of Wiseman Road. Staff's recommendation was for approval. Zoning Commission has recommended denial. (Council District 6) 

K.     NUMBER Z2002256 A : The request of City of San Antonio, Applicant, for Jefferson United Methodist Church, Owner(s), for a change in zoning to designate properties as part of the Monticello Park Historic District on Lots 1-7 and 12-18, NCB 9074, 758 Donaldson Avenue. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 7) 

L.      NUMBER Z2003021AC: The request of City of San Antonio, Applicant, for Sonya F. Nerio and Gloria R. Guarnero, Owner(s), for a change in zoning from "MF-33" Multi-family District to "R-6" Residential Single-Family District or "R-6 C" Residential Single-Family District with a conditional use to allow a two-family dwelling (duplex) on Lot 2, Block 10, NCB 9260, 2646 Menchaca Street, on the south side of Menchaca Street east of 29th Street. Staff's recommendation was for denial of R-6 C; approval of R-6. Zoning Commission has recommended approval of R-6 C, to allow a two-family dwelling. (Council District 7) 

M.   NUMBER Z2003021 B C: The request of City of San Antonio, Applicant, for Sergio M & Enfrocina Garcia, Owner(s), for a change in zoning from "MF-33" Multi-Family District and "I-1" Industrial District to "R-6 C" Residential Single-Family District with a conditional use to allow a weight-loss clinic on Lot 16, Block 5, NCB 9255, 643 Blue Ridge Street, on the north side of Blue Ridge Street east of North General McMullen. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 7) 

N.     NUMBER Z2003033 C: The request of Barbara Brown, Applicant, for Gene & Barbara Brown, Owner(s), for a change in zoning from "R-6" Residential Single Family District to "C-2 NA C" Commercial Nonalcoholic Sales District with a conditional use to allow auto repair on .851 of an acre out of NCB 16051, 8203 Leslie Road. Staff's recommendation was for denial. Zoning Commission has recommended approval. (Council District 8) 

O.     NUMBER Z2003055: The request of Housing 2000, Inc, Applicant, for Huebner Land Partnership, Ltd, Owner(s), for a change in zoning from "C-3 ERZD" General Commercial Edwards Recharge Zone District and "I-1 ERZD" General Industrial Edwards Recharge Zone District to "MF-25 ERZD" Multi-Family Edwards Recharge Zone District on 16.821 acres out of P-25, NCB 14857, 12000 Block of Vance Jackson Road. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 8) 

P.      NUMBER Z2003050: The request of City of San Antonio, Applicant, for multiple property owners, for a change in zoning from "R-6" Residential Single-Family District and "R-6 ERZD" Residential Single-Family Edwards Recharge Zone District to "RE" Residential Estate District and "RE ERZD" Residential Estate Edwards Recharge Zone District generally located on Cadillac Drive between Blanco Road and Lake Bridge. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 9) 

Q.     NUMBER Z2003035 C: The request of David Pleasant, Applicant, for David Pleasant, Owner(s), for a change in zoning from "R-6" Residential Single-Family District to "R-6 C" Residential Single-Family District with conditional use for a real estate office on Lot 16, Block 2, NCB 12452, 418 Haverford Drive. Staff's recommendation was for denial. Zoning Commission has recommended approval. (Council District 10) 

5.      3:00 P.M. - Consideration of the following:  [Presented by Yolanda Ledesma, Acting City Clerk; Travis M. Bishop, Assistant City Manager] 

A)     An declaring the results of the Canvass of the Regular and Joint Election held on May 3, 2003; ordering a Run-off Election for the City Council to be held on May 27, 2003; and establishing Early Voting and Election Day polling locations for the Run-Off Election. 

B)     Statements of Elected Officer administered to successful candidates. 

C)     Administration of the Oath of Office by City Clerk. 

D)    Mayor to issue Certificates of Election to successful candidates. 

6.      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 

7.      An accepting the bids of various companies to provide the City of San Antonio with  influenza vaccine, antivirus software & license for exchange server, Lombardini engine parts & service, Prentice grappler parts & service, Kubota tractor parts & service, and hand wipes on an annual basis for Fiscal Year 2003-2004 for a total cost of approximately $270,202.00.  [Presented by Janie B. Cantu, Director, Purchasing & General Services; Travis M. Bishop, Assistant City Manager] 

Capital Improvement Items 

8.      An authorizing the execution of Field Alteration No. 9 for the additional amount of $67,902.00 to furnish and install infrastructure necessary to support a public address system in connection with the contract with Constructors & Associates, Inc. for the Terminal Improvements at San Antonio International Airport Package 3; revising the budget; and providing for payment. [Presented by Kevin Dolliole, Director, Aviation; Christopher J. Brady, Assistant City Manager]  

9.      An selecting Pape-Dawson Engineers, Inc. to provide professional engineering services associated with pre-development land activities at the Southwest Business and Technology Park; authorizing the negotiation and execution of a professional services agreement in an amount not to exceed $161,288.00; appropriating funds; and providing for payment. [Presented by Rebecca Waldman, Director, Asset Management; Erik Walsh, Assistant to the City Manager] 

10. An accepting the low base bid of DonSan Construction, L.L.C., in the total amount of $47,969.00, for capital improvements to the City's Highland Park Walking Trail Project in City Council District 3; authorizing the execution of a construction contract; establishing the project's budget; authorizing the transfer of $99,620.08 in 1999 Park G.O. Bond funds into the project budget; authorizing $7,190.00 for construction contingency expenses; authorizing $1,500.00 for permit fees and $42,961.08 for park construction crew expenses; and providing for payment. [Presented by Malcolm Matthews, Director, Parks and Recreation; Melissa Byrne Vossmer, Assistant City Manager] 

11. An approving Field Alteration No. 2 and authorizing payment in the amount of $29,261.69 from the Neighborhood Access and Mobility Program (NAMP) District 10 fund to Clark Construction, Company, Inc. in connection with the Royal Ridge Subdivision Alley Resurfacing within the 2002 Single Course Bituminous Slurry Seal Street Maintenance Project; revising the project budget; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

12. An approving Field Alteration No. 2 and authorizing payment in the amount of $185,157.00 to Clark Construction Company, Inc. for additional construction expenses in connection with Randolph Boulevard from Crestway to Royal Ridge Street within the 2003 Street Asphalt Recycling and Overlay Maintenance Contract; authorizing $30,228.00 for miscellaneous construction contingency expenses; authorizing the transfer of $19,000.00 to a City Force Account for installation of a Video Imaging Vehicle Detection System, for a total amount of $234,385.00 from various funding sources; 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 approving Field Alteration No. 3 and authorizing payment in the amount of $53,929.10 from Community Development Block Grant (CDBG) funds to Clark Construction Company, Inc. in connection with the 2003 Asphalt Recycling and Overlay Maintenance Contract; authorizing $5,392.91 for miscellaneous construction contingency expenses for a total amount of $59,322.01; revising the project budget; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

14. An authorizing the City Manager or her designee to execute a Railroad Crossing Improvement Agreement with Union Pacific Railroad Company (UPRC) and authorizing $34,867.00 from Street Maintenance and Improvement Funds payable to UPRC for improvements to the existing railroad crossing surface on Wurzbach Road in Council District 8; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager]  

15. An authorizing the City Manager or her designee to execute a Railroad Crossing Improvement Agreement with Union Pacific Railroad Company (UPRC) and authorizing $29,916.00 from Street Maintenance and Improvement Funds payable to UPRC for improvements to the existing railroad crossing surface on Dreamland Drive in Council District 8; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

16. An authorizing the City Manager or her designee to execute a Railroad Crossing Improvement Agreement with Union Pacific Railroad Company (UPRC) and authorizing $23,194.00 from Street Maintenance and Improvement Funds payable to UPRC for improvements to the existing railroad crossing surface on Orsinger Lane in Council District 8; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

17. An authorizing the City Manager or her designee to execute a Railroad Crossing Improvement Agreement with Union Pacific Railroad Company (UPRC) and authorizing $79,454.00 from Street Maintenance and Improvement Funds payable to UPRC for improvements to the existing railroad crossing surface on Southcross Boulevard in Council District 3; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

18. An authorizing payment in the total amount of $24,238.00 from 1999 G.O. Drainage Improvement Bond funds to KEI, Inc. for On-Call environmental engineering remediation services under an existing Environmental Professional Service Consulting Contract in connection with the S. Flores from Malone to Octavia Project, located in Council Districts 3 and 5; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

Miscellaneous 

19. An authorizing the acceptance of an amount not to exceed $64,350.00 from GlaxoSmithKline Pharmaceuticals for the San Antonio Metropolitan Health District to participate in a follow-on TWINRIX® Vaccine Study from March 28, 2003 through March 27, 2005 for the prevention of Hepatitis A and Hepatitis B in healthy adults 18 years of age or older; authorizing the execution of the Investigator Agreement; establishing the project fund; adopting the project budget; and authorizing payments for contractual services. [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant to the City Manager] 

20. An authorizing the execution of a professional services agreement not to exceed $51,000.00 with Southwest Research Institute to conduct the Fruit and Nut Survey Phase II: Assessment of Homegrown Produce for Volatile Organic Compound Contamination in connection with the Public Center for Environmental Health, which is operated by the San Antonio Metropolitan Health District, for the period May 1, 2003 through December 31, 2003; and authorizing payments for services. [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant to the City Manager] 

21. An approving revisions to the Rental of International Center Meeting Rooms, Terraces, and Other Spaces Usage Policy, including modifications to the Catering Agreement; and allowing the fee for custodial services to increase from $10 per hour to $15 per hour. [Presented by Rebecca Waldman, Director, Asset Management; Erik Walsh, Assistant to the City Manager] 

22.  An approving the terms and conditions and authorizing the execution of a Designated Fund Agreement with the San Antonio Area Foundation ("Foundation") so that the Foundation may receive and distribute funds raised by the City to support the development of the Office of Cultural Affairs' community cultural plan titled The Cultural Collaborative: A Community Plan for San Antonio's Creative Economy ("Cultural Plan"). [Presented by Felix Padron, Director, Cultural Affairs; Roland A. Lozano, Assistant to the City Manager] 

ITEMS FOR INDIVIDUAL CONSIDERATION 

23. An accepting the low bid of True Flavors Culinary Planners (MBE) to provide the City of San Antonio Parks & Recreation Department with a summer food service program for a total of $743,529.15, authorizing the execution of said contract subject to the timely submission by True Flavors Culinary Planners of the required performance bond, or in the event such bond is not timely submitted, in the alternative, accepting the second low qualified bid and awarding a contract for these same services, to Selrico Services, Inc. for the amount of $773,709.30; and providing for an effective date. [Presented by Janie B. Cantu, Director, Purchasing & General Services; Travis M. Bishop, Assistant City Manager] 

24. An authorizing the City Manager to negotiate and execute a five-year agreement with Aramark Sports and Entertainment Services of Texas, Inc. for the operation of food, beverage and catering services at the Alamodome. [Presented by Michael Abington, Director, Alamodome; Roland A. Lozano, Assistant to the City Manager] 

25.  An amending Chapter 35 of the City Code of San Antonio, Texas by amending Section 35-523, Tree Preservation, regarding Tree Protection Requirements, Tree Retention Ratio, Tree Root Protection Zone, Tree Warranty Requirements and Renumbering Tables 523-2 and 523-3 and references and by amending Section 35-511, Landscaping, regarding
Understory Preservation and Parking Lot Shading; as requested by Mayor Edward D. Garza. [Presented by Florencio Pena, Director, Development Services; Christopher J. Brady, Assistant City Manager] 

26. An supporting a License Agreement with the Dallas Cowboys Football Club ("Dallas Cowboys") to hold its 2003 Training Camp at the Alamodome from the approximate dates of July 24, 2003 through August 20, 2003, in which the Dallas Cowboys will assume their local expenses including lodging, meals and transportation, the Alamodome will retain revenues for concessions and parking from all Training Camp events and the Dallas Cowboys will pay the Alamodome $2.00 for each ticket sold for a scrimmage game with the Houston Texans to be held at the Alamodome during the 2003 Training Camp; authorizing a fee to the Dallas Cowboys of $400,000.00 of reallocated Pan American reserve funds to offset the procurement and expenses associated with the football field; and providing for payment.  [Presented by Roland A. Lozano, Assistant to the City Manager; Terry M. Brechtel, City Manager] 

27. City Manager's Report. 

28. Executive Session: Consultation concerning attorney-client matters (real estate, litigation, contracts, personnel and security) may be discussed. 

A.     Deliberation and consideration of the annual performance evaluation of City Manager Terry M. Brechtel, pursuant to Texas Government Code Section 551.074 (personnel matters). 

B.     Discuss legal issues relating to Encore Video, Inc. v. City of San Antonio, 00-5119  - US Court of Appeals, Fifth Circuit, New Orleans, pursuant to Texas Government Code Section 551.071 (consultation with attorney).