Agenda

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). 

The City Council will convene for a "B" Session in the B Room of the Municipal Plaza Building at 9:00 A.M. for the following: 

Budget Work Session. [Presented by Peter Zanoni, Acting Director, Management & Budget; Erik J. Walsh, Assistant to the City Manager]  

Ø     Public Safety  

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

1.      Invocation by Father Tom Kavanaugh, St. Matthew's Catholic Church, guest of Councilman Art Hall, District 8, and Pledge of Allegiance. 

2.      Ceremonial Items. 

3.      Approval of the minutes of the City Council Meeting of May 27, 2004. 

 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  Amendments to Master Plans and Zoning Cases:  

Land Use Plan Amendments: [Presented by Emil R. Moncivais, Director, Planning; Jelynne LeBlanc Burley, Assistant City Manager] 

 4.1A. An amending the land use plan contained in the I.H. 10 East Corridor Perimeter Plan, a component of the Master Plan of the City, by changing the use of approximately 19.036 acres located at the southwest and northwest corners of Foster Road and Summer Fest Road, from Single-Family Residential Land Use to Community Commercial land Use.  Staff's recommendation is for denial.  The Planning Commission recommended approval.   (Council District 2) 

4.1B. An amending the land use plan contained in the Arena District/Eastside Community Plan, a component of the Master Plan of the City, by changing the use of approximately 0.2858 acres located at 102 Essex Street from Medium Density, Single-Family and Mixed Residential Land Use to Neighborhood Commercial Land Use.  Staff's recommendation is for denial.  The Planning Commission recommended denial.   (Council District 2) 

4.1C.   An amending the land use plan contained in the Northwest Community Plan, a component of the Master Plan of the City, by changing the use of approximately 48.33 acres located at NCB 18560, P-66A, near the northwest quadrant of the intersection of Bandera Road and Eckhert Road, from Industrial Land Use to Community Commercial, High Density Residential, and Single-Family Residential Land Uses.  Staff recommendation was for approval.  The Planning Commission recommended denial.  (Council District 7) 

4.1D.  An amending the land use plan contained in the Oakland Estates Neighborhood Plan, a component of the Master Plan of the City, by changing the text that describes commercial nodes to add the "intersection of Oakland and Huebner" to Chapter III Zoning and Land Use, Section A, Zoning, in the Oakland Estates Neighborhood Plan.  Staff's recommendation is for approval.  The Planning Commission recommended approval.  (Council District 8) 

Zoning Cases: [Presented by Florencio Peña, Director, Development Services; Christopher J. Brady, Assistant City Manager]

A.     CASE NUMBER Z2003240:     The request of Earl & Associates, P. C., Applicant, for Gilx Development Company (R. J. Gilbert, President), Owner(s), for a change in zoning from "R-6" Residential Single-Family District to "C-2" Commercial District on Parcel 40, NCB 16611 and Parcel 36, NCB 16612, North Foster Road at Summer Fest Drive. Staff's recommendation was for denial. Zoning Commission has recommended approval. (Council District 2)

B.     CASE NUMBER Z2004082:     The request of Downery Partners, LTD, Applicant, for Downery Partners, LTD, Owner(s), for a change in zoning from "RM-4" Residential Mixed District to "RM-4 C" Residential Mixed District with a conditional use for a noncommercial parking lot on Lots 14, 15, and 16, Block 61, NCB 1652, 102 Essex Street. Staff's recommendation was for denial. Zoning Commission has recommended approval with conditions:  1) The parking lot shall have no more than 15 parking spaces;  2) A six-foot solid fence shall be erected and maintained along the eastern property line of the subject property;  and 3) All on-site lighting shall be directed downward onto the subject site using 90 degree or less cut-off fixtures. (Council District 2)

C.     CASE NUMBER Z2004020:     The request of Bilmar Construction, LP, Applicant, for Rosin-Johnson, Inc.,  Owner(s), for a change in zoning on 44.6 acres out of NCB 18560 from "I-1" General Industrial District to "R-5" Residential Single-Family District on 32.7 acres,  "C-2" Commercial District on 6.7 acres, and  "MF-25" Multi-Family District on 5.2 acres, west of the intersection of Bandera and Eckhert Road. Staff's recommendation was for denial. Zoning Commission has recommended denial. (Council District 7)

D.    CASE NUMBER Z2004112 S C:     The request of Jerry Arredondo, Applicant, for William E. Hooks, Jr., Owner(s), for a change in zoning from "C-3" General Commercial District and "C-2" Commercial District to "C-3 S C" General Commercial District with a specific use authorization for a mini-storage facility exceeding 2.5 acres (0.619 acres), "C-2 C" Commercial District with a conditional use for a mini-storage facility exceeding 2.5 acres (2.754 acres) and "C-2 C" Commercial District with a conditional use for a office warehouse (1.049 acres) on 4.422 acres out of NCB 14702, 9000 Block of Huebner Road and Oakland Road. Staff's recommendation was for denial. Zoning Commission has recommended approval with the following conditions: 1)  A Type F (40 foot) buffer adjacent to residential zoned parcels; 2)  A Type B (15 foot) buffer and egress only along Oakland Road;  3)  A Type C (15 foot) buffer along Huebner Road; and  4) All on-site lighting is directed onto the site using 90 degree or less cut-off fixtures. (Council District 8)

E.     CASE NUMBER Z2004178:     The request of James A. Nelson, Applicant, for James A. Nelson, Owner(s), for a change in zoning from "MF-33" Multi-Family District to "O-1" Office District on Lot 10, Block 3, NCB 1726, 214 East Ashby Place. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 1) 

F.      CASE NUMBER Z2003173-27:     The request of City of San Antonio, Applicant, for Multiple Property Owner(s), for a change in zoning from "DR" Development Reserve District to "C-2 H RIO-6" Commercial Historic River Improvement Overlay District and "R-6 H RIO-6" Residential Single-Family Historic River Overlay District on 26.1 acres out of NCB 11040, 11041, and CB 4283B, property located southwest of the intersection of Chaveneaux and Espada Roads. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 3)

G.    CASE NUMBER Z2004001:     The request of Mission Park, Applicant, for Robert Tips, Owner(s), for a change in zoning from "R-6 H RIO-6" Single Family Residential Historic River Improvement Overlay District to "C-3 H RIO-6" General Commercial Historic River Improvement Overlay District on 3.037 acres out of NCB 11175, 1700 Military Drive. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 3)

H.    CASE NUMBER Z2004182:     The request of Brooks Development Authority c/o Kirk King, Applicant, for Brooks City Base, Owner(s), for a change in zoning from "MR" Military Reserve District to "C-3" General Commercial District and "MR-HS" Military Reserve District Historic Significant to "C-3 HS" General Commercial District Historic Significant on a 152.7 acre tract of land out of NCB 10921, Southeast Military Drive and Goliad Road. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 3)

I.        CASE NUMBER Z2004086:     The request of Continental Homes, Applicant, for Continental Homes, Owner(s), for a change in zoning from "NP-10" Neighborhood Preservation District and "C-3" General Commercial District to "R-5" Residential Single-Family District on 201.97 acres; "R-6" Residential Single-Family District on 66.39 acres; "PUD R-4" Planned Unit Development Residential Single-Family District on 48.40 acres, "MF-33" Multi-Family District on 22.06 acres, and "C-3" General Commercial District on 17.77 acres out of P-1 and P-71, NCB 15248; and P-1 and P-1D, NCB 18044, property located at the southwest corner of the intersection of Loop 410 West and Ray Ellison Blvd. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 4)

J.       CASE NUMBER Z2004177:     The request of Silcox Family L. P. c/o The Place Commercial Real Estate, Applicant, for Robert and Dianne Braun, Owner(s), for a change in zoning from "I-2" Heavy Industrial District to "C-3" General Commercial District on Tract 5, NCB 9503, 7331 South Zarzamora Street. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 4)

K.    CASE NUMBER Z2004183:     The request of Brown, P. C., Applicant, for Intergrated Asset Management, Inc., Owner(s), for a change in zoning from "R-6" Residential Single Family District to "PUD R-6" Planned Unit Development Residential Single Family District on 44.06 acres out of NCB 17642, West Military Drive at Hunt Lane. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 6)

L.     CASE NUMBER Z2004123 :    The request of City of San Antonio, Applicant, for Multiple Property Owners, for a change in zoning to establish a Neighborhood Conservation District 3 "NCD-3" Overlay on an area bound by Callaghan Road and Bandera Road to the north, Benrus and Ridge Drive to the east, West Quill Drive and Ingram Road to the south, and Callaghan Road to the west. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 7)

M.   CASE NUMBER Z2004144:     The request of Andrew E. Crain, Applicant, for Andrew E. Crain, Owner(s), for a change in zoning from "C-2" Commercial District to "R-5" Residential Single-family  District on Lot 3, Block 1, NCB 18312, southeast corner of Mainland Drive and Northfork Drive. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 7)

N.    CASE NUMBER Z2004161 C:     The request of The Center for Health Care Service, Applicant, for The Center for Health Care Services, Bexar County Mental Health Mental Retardation (MHMR), Owner(s), for a change  in zoning from "C-1" Light Commercial District to "C-2 NA C" Commercial Nonalcoholic Sales District with a conditional use for a homeless shelter on Lots 1 through 8, Block 1, NCB 9645, 3551 Culebra Road. Staff's recommendation was for denial. Zoning Commission has recommended approval of "C-2 NA C" Commercial Nonalcoholic Sales District with a conditional use for a residential treatment facility with the following conditions:  1)  Curfew for residents shall be 9:30 pm Monday through Thursday and 10:30 pm Friday through Sunday 2)  The natural buffer and a fence shall be maintained along the north property line, and 3)  Outside lighting shall be directed downward onto the subject property and not emit any lighting on nearby residences. (Council District 7)

O.    CASE NUMBER Z20266:     The request of Roy Horn, III, Applicant, for LB Horn Jr., Owner(s), for a change in zoning from "O-2" Office District to "C-2" Commercial District on Lots 3 and 4, Block S, NCB 14667, 6300 Block of Babcock Road. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 7)

P.     CASE NUMBER Z2004184:     The request of City of San Antonio, Applicant, for Multiple Owners, for a change in zoning from "R-6 ERZD" Residential Single Family Edwards Recharge Zone District to "PUD R-6 ERZD" Planned Unit Development Residential Single Family Edwards Recharge Zone District for Emerald Forest Subdivision located north of Loop 1604 between Redland Road and Bulverde Road. Staff's recommendation was for Approval. Zoning Commission has recommended approval. (Council District 10) 

5.            3:00 P.M. - and consideration of an ordinance authorizing the amendment of Ordinance No. 99372, passed and approved June 24, 2004 to revise the Fiscal Year 2004-2005 Emergency Shelter Grant (ESG) Consolidated Plan Annual Budget to reflect the change of  delegate agencies from the Dwyer Overflow to the Association for the Advancement of Mexican Americans, Inc. (AAMA);  authorizing the negotiation and execution of a contract with AAMA in the amount of $100,000.00 to operate the Dwyer Avenue Center Overflow Shelter for FY 2004-2005;  authorizing the re-appropriation and re-allocation of said funds to said project; and providing for payment. Presented by Dennis J. Campa, Director, Community Initiatives; Frances A. Gonzalez, Assistant City Manager] 

6.      5:00 P.M. - Citizens to Be Heard. 

7.      5:30 P.M. - Public to receive citizen comment on the proposed $57 million Housing and Urban Development 108 Loan Capital Improvements Program. [Presented by Andrew Cameron, Director, Housing and Community Development; Jelynne LeBlanc Burley, Assistant City Manager] 

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 

8.      An accepting the low responsive bid submitted by High Sierra Electronics, Inc. (WBE) to provide the City of San Antonio Public Works Department with restoration and merger of the High Water Detection and Early Flood Warning System for a total amount of $224,700.00. [Presented by Janie B. Cantu, Director, Purchasing & General Services; Erik J. Walsh, Assistant to the City Manager]  

9.      An designating the firm of PC Specialists d/b/a Technology Integration Group (MBE) for the development and installation of a wireless and communication system infrastructure at the San Antonio International Airport and Stinson Municipal Airport; authorizing the negotiation and execution of a contract for an amount not to exceed $306,593.00; authorizing $282,466.00 for construction and administrative expenses, and $24,127.00 for contingencies; appropriating funds; establishing the budget; and providing for payment. [Presented by Janie B. Cantu, Director, Purchasing & General Services; Erik J. Walsh, Assistant to the City Manager]  

10.  An accepting the bids of various companies to provide the City of San Antonio with the various types of commodities and services on an annual contract basis for FY 2004-2005 for an estimated combined annual cost of $285,500.00 to include contracts for lights, sirens and speaker parts, electrical parts and fixtures, thermo lay pothole patch equipment parts & service, and printing of library borrower cards. [Presented by Janie B. Cantu, Director, Purchasing & General Services; Erik J. Walsh, Assistant to the City Manager]  

11.  An accepting the bid from Express Video, Inc. for the purchase of 168 gambling devices (eight liners), in the amount of $68,176.00, 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 $7,535.95 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]  

Capital Improvement Items 

12. An accepting the low, responsive bid in the amount of $712,779.00 from Westfield Construction, L.P., to perform construction work in connection with the Pool Facility ADA Modifications Project, located in Council Districts 5, 6 and 7; authorizing the execution of a construction contract; authorizing $106,900.00 for construction contingency expenses; authorizing $1,000.00 for park materials; authorizing $1,500.00 for mandatory project fees, for a total amount of $822,179.00 from Certificates of Obligation and Park Bond funds; appropriating funds; and providing for payment. [Presented by Malcolm Matthews, Director, Parks and Recreation; Christopher J. Brady, Assistant City Manager] 

Items Concerning the Purchase, Sale or Lease of Real Property 

13. An reaffirming and declaring that the San Antonio Water System's Western Watershed Sewer Relief Line W-04 Project ("Project") is a necessary public project; further reaffirming and declaring that a public necessity exists for the acquisition of permanent and temporary easement interests across, over, upon and under certain privately owned real properties, by negotiation and/or condemnation, if necessary, for public use as a part of the Project; authorizing the San Antonio Water System ("SAWS") to acquire permanent and temporary easement interests across, over, upon and under certain privately owned real properties described below, by negotiation and/or condemnation, if necessary, for public use as a part of the Project, to wit: a 5.7638 acre permanent sanitary sewer easement, recorded in Volume 9504, Pages 63-69, out of an abandoned section of Potranco Road P100, quit claimed to Ithaca Investments, and a 2.6068 acre Temporary Construction Easement out of Lot 1, Block 3, NCB 17242, both easements, permanent and temporary, are out of the Westpark Subdivision, Unit 1, located in San Antonio, Bexar County, Texas, and located on property owned by Ithaca Investments, Ltd., by Analit USA Incorporated, General Partner, Paul S. Covey, President, subject to obtaining such reaffirmations and authorizations from the City Council as described above; authorizing SAWS' staff and/or its authorized independent negotiator to negotiate and execute all necessary agreements with the owners of certain privately owned properties for the acquisition of permanent and temporary easement interests as described above and to take all other lawful actions necessary or incidental to survey, specify, clarify, define and acquire the permanent and temporary easements as described above; further authorizing SAWS' designated general counsel to file eminent domain proceedings, if necessary, and prosecute all such condemnation proceedings through final judgment and all necessary appeals for the condemnation of permanent easement interests in certain privately owned properties as described above; approving, ratifying, and declaring valid all prior acts done or interpreted by attorneys, agents, and employees of and/or acting for SAWS to acquire such easements, and declaring that the conveyance of all such permanent easement interests in certain privately owned properties as described above shall be to the City of San Antonio for the use and benefit of SAWS; providing a severability clause; and establishing an effective date. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

14. An authorizing additional funds in the amount of $154,099.00 payable to Gerry Rickhoff, County Clerk, for acquisition of fee simple title to one variable width construction easement, one variable width sanitary sewer easement, and one variable width drainage easement ($152,494.00), and Court Costs ($1,605.00), in connection with the Loop 410 at Nacogdoches Drainage Improvements Project, located in Council District 10, for the defendants in Condemnation Cause No. 2004-ED-0004, City of San Antonio vs. Guaranty Center, Ltd., a Texas limited partnership; appropriating funds and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

15. An authorizing a ten (10) year License Agreement with Time Warner Cable, Inc.  to use City owned property within NCB 913, for the purpose of installing a four (4) inch conduit for a communication cable to serve the Comfort Inn Suites Alamo/Riverwalk, located at 120 Camaron Street, and the San Fernando Community Centre in the 200 block of West Commerce Street, for the total consideration of $5,000.00. [Presented by Rebecca Waldman, Director, Asset Management; Erik J. Walsh, Assistant to the City Manager] 

Miscellaneous 

16. An authorizing the execution of a professional services agreement with Cox Smith Matthews Incorporated in an amount not to exceed $7,500.00, for legal services in connection with the preparation and filing of three (3) trademark applications with the United States Patent and Trademark Office in conjunction with the signage and wayfinding plan for HemisFair Park; appropriating funds; and providing for payment. [Presented by Rebecca Waldman, Director, Asset Management; Erik J. Walsh, Assistant to the City Manager] 

17. An authorizing payment of $100,000.00 as full and final settlement in the lawsuit styled Dynamic Conversions, Inc. and Dynamic National Industries, L.L.C. v. City of San Antonio. [Presented by Andrew Martin, City Attorney, Terry M. Brechtel, City Manager] 

18. An authorizing the execution of a contract with the San Antonio Independent School District (saisd) in the amount of $13,780.00 to implement the Urban smarts Program administered by the City Of San Antonio, Department of Community Initiatives, at one saisd school during the period september 13, 2004 through june 30, 2005; establishing a fund; adopting a budget and approving a personnel complement. [Presented by Dennis J. Campa, Director, Community Initiatives; Frances A. Gonzalez, Assistant City Manager] 

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

19. An approving a parade permit and authorizing the temporary closure of portions of certain streets near Milam Park in connection with the Light the Night Walk to be held from 5:30 P.M. until 9:00 P.M. on Saturday, September 25, 2004, sponsored by the Leukemia & Lymphoma Society. [Presented by Roland A. Lozano, Assistant to the City Manager; Terry M. Brechtel, City Manager]