Agenda  

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

November 18, 2004

 

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: 

At-Large Boards and Commissions Work Session. [Presented by Leticia M. Vacek, City Clerk] 

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 Sister Jule Adele Aspey, Our Lady of the Lake University, guest of Councilwoman Patti Radle, District 5, and Pledge of Allegiance.  

2.   Ceremonial Items. 

3.   Approval of the minutes of the City Council Meeting of September 30, 2004 and October 7, 2004. 

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 Amendments to Master Plans and Zoning Cases:  

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

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

4.1A. An amending the land use plan contained in the South Central San Antonio Community Plan, a component of the Master Plan of the City, by changing the use of approximately 1.74 acres located at 1331 and 1339 South Flores Street in Council District 1 from Light Industrial Land Use to Neighborhood Commercial/Medium-High Density Residential Land Use. Staff's recommendation is for approval. The Planning Commission recommended approval.  

4A. CASE NUMBER Z2004214:  The request of Soflo Plaza, Ltd., Applicant, for Soflo Plaza, Ltd., Owner(s), for a change in zoning from "I-1" General Industrial District, "I-1" HS General Industrial District with Historic Significance and "I-2" Heavy Industrial District to "IDZ" Infill Development Zone District with uses permitted in "C-2" Commercial District and "MF-40" Multi-Family District and "IDZ" HS Infill Development Zone District with uses permitted in "C-2" Commercial District and "MF-40" Multi-Family District with Historic Significance on 1.74 acres out of NCB 63 and NCB A-63, 1331 and 1339 South Flores Street. Staff's recommendation was for denial. The Zoning Commission has recommended approval contingent on the Plan Amendment.  (Council District 1) 

4.1B. An amending the land use plan contained in the Southside Initiative Community Plan, a component of the Master Plan of the City, by changing the land use from Agriculture to Agriculture and Light Industry for approximately 2.5 acres of land at 17730 State Hwy. 16 S., legal description CB 4201 P-14l & P-42b, located near the intersection of Noyes Rd. and State Hwy. 16 S.; approximately 32 acres of land located at 18840 State Hwy. 16 S., legal description CB 4201 P-18c, near the intersection of land bound by State Hwy. 16 South and the tributary of Elm Creek; approximately 53 acres of land near the northeast intersection of State Hwy. 16 S. and Loop 1604 S., legal description CB 4201 PT of P-18 ABS 418; approximately 73 acres of land immediately west of the intersection of Applewhite Rd. and Neal Rd. from, legal descriptions CB 4187 P-3A & P-3B ABS 169, and CB 4187 P-15 ABS 169 12.401; approximately 3.5 acres of land at 19145 Applewhite Rd., legal descriptions CB 4187 P-15A ABS 169, CB 4187 P-3H ABS 169, and CB 4187 P-15b ABS 169; approximately 10 acres of land, comprising the furthest west 1/3 portion of 19633 Applewhite Rd., legal description CB 4187 P-25 ABS 169 11.47; approximately 80 acres of land, legal descriptions CB-4013 P-125 ABS 577, and CB 4013 P-1A ARB TR-B1, bound by the limited purpose annexation lines to the south and north; approximately 53 acres of land at 310 Neal Rd., legal description CB 4180 P-8 ABS 611; and approximately 56.3 acres of land at 17911 Pleasanton Rd., located at the southwest corner of the intersection of Pleasanton Rd. and Neal Rd., legal descriptions CB 4012 P-4 ABS 9, CB 4012 P-4B ABS 9, and CB 4012 P-228 ABS 9.  (Council Districts 3 and 4) 

4B. CASE NUMBER Z2004148-1:  The request of City of San Antonio, Applicant, for Multiple Property Owners, Owner(s), for a change in zoning from "DR" Development Reserve District and "FR" Farm and Ranch District to "MI-1" Mixed Light Industrial District on P-4, P-4B, and P-228, CB 4012;  P-1A, and P-125, CB 4013; P-8 CB 4180; P-2B, P-3A, P-3B, P-3H, P-15, P-15A, and P-15B, CB 4187;  P-2B, P-2C, P-2D, P-2E, and P2J, CB 4188; and P-14B, P-14C, P-14E, P-14L, P14M, P-18, P-18C, P42A, and P42B, CB 4201. The property is generally located south of the Medina River at the intersections of State Hwy 16 and Loop 1604 South, Applewhite Road and Neal Road and Pleasanton Road and Neal Road. Staff's recommendation was for denial. The Zoning Commission recommended approval.  (Council District 3) 

4.1C. 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) 

4C. 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 approval. The Zoning Commission 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) 

4D.     CASE NUMBER Z2004219:  The request of Ken Halliday, Rio Perla Properties, L. P., Applicant, for Rio Perla Properties, L. P., Owner(s), for a change in zoning from "I-2" RIO-2 Heavy Industrial District River Improvement Overlay 2 and "C-3" RIO-2 Commercial District River Improvement Overlay 2 to "IDZ" RIO-2 Infill Development Zone River Improvement Overlay 2 with uses permitted in "C-3" General Commercial District, "MF-50" Multi-Family District, "D" Downtown District and the following additional uses: 1)  Beverage manufacture or microbrewery (alcohol or non-alcohol) and water distillation, purification and bottling; 2) Fabrication and manufacturing of artisan goods and products including furniture, cabinetry, wood products, metalwork and metal products, bread, candy and other food products, leather  products, clothing, glass and tile; 3)  The fabrication and manufacturing of prototypes developed or conceived by any college, university, trade school, institute or other educational facility, located on the property on 21.448 acres out of NCB 962, 968, 970, 973, 975, 14164, 312 Pearl Parkway.  Staff's recommendation was for approval. The Zoning Commission recommended approval.  (Council District 1) 

4E.      CASE NUMBER Z2004089:  The request of Domingo P. Maldonado, Jr., Applicant, for Domingo P. Maldonado, Jr., Owner(s), for a change in zoning from "R-6" Residential Single-Family District to "MF-25" Multi-Family District on Lot 300B, Block 30, NCB 11129, 200 Buchanan Boulevard.  Staff's recommendation was for denial. The Zoning Commission has recommended Approval.  (Council District 3) 

4F.      CASE NUMBER Z2004195:  The request of City of San Antonio, Applicant, for Multiple Property Owners, for a change in zoning from "FR" Farm and Ranch District to H "FR" RIO-6 Historic Farm and Ranch River Improvement Overlay District 6 on the southeast 19.95 feet of Lot 16B, NCB 11041, south 179.56 feet of Lot 16B, NCB 11041, south 164.23 feet of north 194.73 feet of Lot 16B, NCB 11041 and Lot 15B save and except northwest 27.84 feet, NCB 11041, 9827 and 9835 Espada Road.  Staff's recommendation was for approval. The Zoning Commission recommended approval.  (Council District 3) 

4G.     CASE NUMBER Z2004223 S:  The request of Brooks Development Authority, Applicant, for Brooks Development Authority, Owner(s), for a change in zoning from "MR" Military Reserve District to "I-2" S Heavy Industrial District with specific use authorization for the manufacturing of pharmaceutical products on 42.65 acre tract out of NCB 10921, southwest corner of Southeast Military Drive and Goliad Road. Staff's recommendation was for approval. The Zoning Commission recommended approval.  (Council District 3) 

4H.     CASE NUMBER Z2004196:  The request of American GI Forum - National Veterans Outreach Program, Inc., Applicant, for Julio Gonzalez, Owner(s), for a change in zoning from "C-3" General Commercial District and "MR" Military Reservation District to "MF-25" Multi-Family District on 18.221 acres out of NCB 15655 and "MR" Military Reservation District to "C-3" Commercial District on 0.804 acres out of NCB 15655, 4770 Military Drive West. Staff's recommendation was for denial. The Zoning Commission recommended approval.  (Council District 4) 

4I.     CASE NUMBER Z2004232:  The request of Kaufman & Associates, Inc., Applicant, for McCombs Family Partners, Ltd., Owner(s), for a change in zoning from "R-6" Residential Single-Family District and "I-1" General Industrial District to "C-3" General Commercial District on 43.62 acres out of NCB 15248, southwest corner of Old Pearsall Road and Southwest Loop 410.  Staff's recommendation was for approval. The Zoning Commission recommended approval.  (Council District 4) 

4J.       CASE NUMBER Z2004199 A:  The request of Jerry Arredondo, Applicant, for 4D Holdings, Ltd., Henry Davila, President, Owner(s), for a change in zoning from "C-3NA" General Commercial District, Nonalcoholic Sales to "C-3" General Commercial District on 0.81 acre tract of land out of NCB 14992, 3207 Weir Avenue.  Staff's recommendation was for denial. The Zoning Commission recommended approval.  (Council District 5) 

4K.     CASE NUMBER Z2004224:  The request of KB Home, Applicant, for KB Home, Owner(s), for a change in zoning from "C-2" C Commercial District with conditional use for a mini-warehouse to "R-6" Residential Single-Family District on 0.424 acres out of NCB 17635, 180 feet southwest of Weathering Run along the San Antonio city limits line. Staff's recommendation was for approval. The Zoning Commission has recommended approval.  (Council District 6) 

4L.      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 out of NCB 18560, west of the intersection of Bandera & Eckhert Road.  Staff's recommendation was for approval. The Zoning Commission recommended denial.  (Council District 7) 

4M.   CASE NUMBER Z2004239 C:  The request of Brown, P. C., Attorneys at Law, Applicant, for Ruby N. Rousseau, Owner(s), for a change in zoning from "R-6" Residential Single-Family District to "C-3" C Commercial District with conditional use for warehousing on 22.363 acres out of NCB 15663, 10475 West Loop 1604 North.  Staff's recommendation was for approval. The Zoning Commission recommended approval.  (Council District 7) 

4N.     CASE NUMBER Z2004212A C S:  The request of City of San Antonio, Applicant, for Multiple Property Owners, for a change in zoning from "R-6" and "R-6" GC-1 to PUD C-2 GC-1 on 30.62 acres, from "R-6" GC-1 to PUD "C-2" GC-1 on 3.257 acres, from "R-6" GC-1 to PUD C-1 GC-1 on 5.513 acres, from PUD "R-6" GC-1 to PUD "C-1" GC-1 on 4.218 acres, from "R-6" to PUD "O-1" on 4.379 acres, from "R-6" to PUD "C-2" C for a Private Club on Lot 1, Block 14, NCB 34753A, from "R-6" and "R-6" GC-1 to PUD "C-2" C for a Private Club and PUD "C-2" C GC-1 for a Private Club on 17.87 acres on area generally bounded by IH-10 West on the west, Camp Bullis Military Reservation on the east, Mission Cemetery on the south and the lots on the north side of the northern section of Dominion Drive.  Staff's recommendation was for approval. The Zoning Commission recommended approval.  (Council District 8) 

4O.     CASE NUMBER Z2004216:  The request of Camp Bullis, Ltd., Applicant, for Camp Bullis, Ltd., Owner(s), for a change in zoning from "R-6" ERZD Residential Single-Family Edwards Recharge Zone District to "O-1" ERZD Office Edwards Recharge Zone District and "O-2" ERZD Office Edwards Recharge Zone District on 44.98 acre tract of land out of NCB 34725, La Cantera Parkway.  Staff's recommendation was for approval.  The Zoning Commission recommended approval.  (Council District 8) 

4P.      CASE NUMBER Z2004230 S:  The request of The Wurzbach Estate at Burmeade Oaks, Ltd., Applicant, for EM Heritage Holdings, Ltd., Owner(s), for a change in zoning from "R-6" Residential Single Family District to "C-2" S Commercial District with specific use authorization for a banquet hall on 0.323 acres and 0.914 acres out of NCB 13662, 8542 Wurzbach Road. Staff's recommendation was for approval. The Zoning Commission recommended approval.  (Council District 8)

4Q.     CASE NUMBER Z2004231 C:  The request of Kaufman & Associates, Inc., Applicant, for Casey Ventures, Inc., Owner(s), for a change in zoning from "R-5" Residential Single-Family District and "C-2" Commercial District to "C-2" C Commercial District with a conditional use for automobile sales on 16.29 acres out of NCB 12057, northwest corner of Arion Parkway and West Coker Loop.  Staff's recommendation was for approval. The Zoning Commission recommended approval.  (Council District 9) 

4R.     CASE NUMBER Z2004213:  The request of Cripple Creek, LLP, Applicant, for Cripple Creek, LLP, Owner(s), for a change in zoning from "R-4" Residential Single-Family District to "MF-33" Multi-Family District on Lot 27, Block C, NCB 8711, 3170 Eisenhauer Road.  Staff's recommendation was for approval. The Zoning Commission recommended approval.  (Council District 10) 

4S.      CASE NUMBER Z2004228 C:  The request of Nader Shahsavary (Happyland Daycare), Applicant, for Nader Shahsavary, 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 daycare center on 2.596 acre tract of land out of NCB 15837, 4168 Stahl Road.  Staff's recommendation was for approval. The Zoning Commission recommended approval with the following conditions: 1)  In addition to a nameplate, not exceeding three (3) square feet in area, attached to the front of the main structure, there shall be allowed a monument sign to be constructed within the front yard not exceeding forty (40) square feet in area; 2)  No construction features shall be permitted which would place the structure out of character  with the surrounding neighborhood; and 3)  Business or office hours of operations shall not be permitted before 7:00 a.m. or after 7:00 p.m.  

5.   3:00 P.M. - Public Hearing and Briefing by the Public Utilities Director on the proposed increase by the San Antonio Water System in the Water Supply Fee for 2005 under the Multi-Year Financing Plan and consideration of the following ordinances: [Presented by Ben Gorzell, Jr., Director, Public Utilities; Melissa Byrne Vossmer, Assistant City Manager] 

A. An approving adjustments to the  residential, general, wholesale, and irrigation water rates charged by the San Antonio Water System; modifying the rate schedules accordingly; amending Chapter 34, Article II of the City Code to reflect said adjustments; and providing for an effective date for the adjusted rates on or about January 1, 2005.   

B.   An approving adjustments to the  residential, general and wholesale wastewater rates charged by the San Antonio Water System; modifying the rate schedules accordingly; amending Chapter 34, Article III of the City Code to reflect said adjustments;  and providing for an effective date for the adjusted rates on or about January 1, 2005.   

C.   An amending Chapter 34, Article IX of the City Code to assess a Water Supply Fee to all San Antonio Water System customers and set the annual, maximum amounts which may be charged for the years 2006-2008; accepting the second multi-year financial plan for water supply development; reaffirming the applicability of the accountability procedures; and providing for an effective date.   

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 low responsive bid submitted by Alamo Iron Works, Inc. to provide the City of San Antonio Fire, Public Works and Environmental Services Departments with personal protection coveralls for a total of $50,200.35 from State Homeland Security 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 Safety Tech International, Inc. to provide the City of San Antonio Police Department with gas masks and accessories for a total amount of $304,000.00 from State Homeland Security Grant funds. [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 Bus Sales, Inc. to provide the City of San Antonio Aviation Department with passenger shuttle buses for a total amount of $368,350.00. [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 Mansfield Oil Company, Inc. to provide the City of San Antonio with an annual contract for gasoline transport loads for an estimated annual cost of $4,055,650.00. [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 submitted by Donsan Construction, L.L.C. (MBE), to provide the City of San Antonio Parks & Recreation Department with the installation of a sanitary sewer line at the San Fernando Gymnasium Facility for a total amount of $80,000.00 from 30th Year Community Development Block Grant (CDBG) funds. [Presented by Janie B. Cantu, Director, Purchasing & General Services; Erik J. Walsh, Assistant to the City Manager]  

12. An authorizing $64,273.00 from 1994-1999 Park Bond funds for asbestos abatement, floor renovations and bleacher replacement at the Westside YMCA in connection with the  Rosedale Park Improvements Project, located in City Council District 5; 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 Number 1 in the amount of $188,394.65 to the contract with San Antonio Constructors, Ltd. in connection with the Claremont, Eleanor, Natalen, Phase III project, an authorized Community Development Block Grant (CDBG) funded 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] 

14. An approving Field Alteration Number 3-Final in the amount of $62,423.69 to the contract with R.L. Jones, L.P., in connection with the Culebra Area Streets Phase III project, an authorized Community Development Block Grant (CDBG) funded project, located in Council District 7; 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 amending the professional services contract with Ford Engineering, Inc., for additional design services in connection with the West Craig - Elmendorf to Josephine Tobin Project, located in Council District 7; authorizing payment of $9,745.00 from District 7 FY 2000 One-Time Project Budget funds; revising the project budget; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

16. An approving Field Alteration Number 1 and authorizing payment in the amount of $53,649.28 payable to R.L. Jones, L.P. for construction expenses in connection with the 2004 Speed Hump Project located in various Council Districts;  authorizing $5,364.92 for contingency expenses; authorizing $3,755.45 for expense recovery, for a total amount of $62,769.65 from Neighborhood Access Mobility Program funds; revising the project budget; appropriating funds; and providing for payment.  [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

17. An authorizing the execution of agreement with the Texas Department of Transportation  ("TXDOT") for acquisition, installation and reimbursement for traffic signal equipment in connection with the Southcross Blvd. - New Braunfels to Presa, an authorized 1999-2004 General Obligation Street Improvement Bond and Metropolitan Planning Organization (MPO) Project, located in Council District 3; and authorizing the acceptance of $23,297.00 from TXDOT for the installation of Video Imaging Vehicle Detection Systems by City forces. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

18. An authorizing the Director of Public Works Department or his designee, in conjunction with the City Attorney's Office, to develop and negotiate an Agreement with the Union Pacific Railroad (UPRR) for the relocation of the railroad tracks on Comal Street; and authorizes the execution of the agreement in connection with the Comal Street Railroad Relocation Project, located in Council District 5. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

Items Concerning the Purchase, Sale or Lease of Real Property 

19. An authorizing payment in the amount of $15,360.00 to Gerry Rickhoff, County Clerk, for the defendants in Condemnation Cause No. 2004-ED-0009, City of San Antonio v. Carmen Molina for the acquisition of one parcel ($9,050.00) and one Temporary Easement ($5,040.00), and authorizing payment in the amount of $1,270.00 for court costs, in connection with the Western Avenue Drainage Project #74, Phase III B & C, 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] 

20. An authorizing funds in the amount of $33,946.10 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: 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; Southcross Boulevard - New Braunfels to Presa MPO Project, located in Council District 3; and the Thousand Oaks Intersections MPO Project, located in Council Districts 9 and 10; revising the project budgets; 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 $29,723.50 from General Obligations of the City payable to Bracewell & Patterson, L.L.P. for legal services necessary to the real estate acquisitions for the following approved City projects: Bitters Road - West Avenue to Heimer MPO Project, located in Council District 9; Cherry Street Drainage #15B, Phase II Project, located in Council District 2; Culebra Drainage #58, Phase II Project, located in Council District 7; Escalon Street #1008 Drainage Project, located in Council District 3; Hi-Lions Drainage #80, Phases III & V Project, located in Council District 3; Hunt Lane - Marbach to U.S. 90 MPO Project, located in Council District 4; Houston Street - Walters to Onslow MPO Project, located in Council District 2; Laddie Place Detention Pond Project, located in Council District 1; Leonhardt at Low Water Crossing Project, located in Council District 10; Octavia Drainage #63, Phase II, Part 1 Project, located in Council District 5; Pecan Valley - I.H. 10 to J Street MPO Project, located in Council District 2; Pleasanton Road - Southcross to Mayfield MPO Project, located in Council District 3; South Flores Drainage #70-70A Phase II - Part 3 Project, located in Council District 4; Western Avenue Drainage #74 III-A Project, located in Council District 9; and the W.W. White Phase I - Rigsby to Lord Road Project, located in Council District 2; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

22. An reaffirming and declaring that the San Antonio Water System's Aquifer Storage and Recovery Integration Segment VI Pipeline 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 ("The 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 1.895-acre (82,556 square feet) permanent easement and a 1.925-acre (83,834 square feet) temporary easement out of conveyance to Zachry Realty, Inc. and recorded in volume 5279, page 1472, New City Block 15894; a 0.930-acre (40,499 square feet) permanent easement and a 0.861-acre (37,522 square feet) temporary easement out of conveyance to Zachry Realty, Inc. and recorded in volume 5279, page 1472, New City Block 15894; a 3.077-acre (130,996 square feet) permanent easement and a 2.952-acre (128,590 square feet) temporary easement out of conveyance to Sun NLF, Ltd. Partnership and recorded in volume 3377, page 198, New City Block 16918; a 0.473-acre (20,582 square feet) permanent easement out of conveyance to Wild Horse Canyon Development, L.L.C. and recorded in volume 3990, page 1537, New City Block 16918; a 0.776-acre (33,815 square feet) permanent easement and a 1.689-acre (73,593 square feet) temporary easement out of conveyance to ABG Development, Ltd. and recorded in volume 8323, page 346, New City Block 13808; a 0.371-acre (16,164 square feet) permanent easement, a 0.138-acre (6,000 square feet) temporary easement and a 0.206-acre (8,990 square feet) temporary easement out of conveyance to ABG Development, Ltd. and recorded in volume 8323, page 346, New City Block 13808, subject to obtaining such reaffirmations and authorizations from the City Council as described above; authorizing SAWS' staff and/or their authorized independent negotiator to negotiate and execute all necessary agreements with the owners of the properties for the acquisition of permanent and temporary easement interests in the properties described above and to take all other lawful actions necessary or incidental to survey, specify, clarify, define and acquire the easements 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 easement interests in the properties 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] 

23. An approving a third amendment to a Lease Agreement authorized by Ordinance No. 93827 passed and approved on april 26, 2001, with Wkb Value Partners, L.P., to release office space, effective november 30, 2004, in suites 250 and 260 within the Cypress Tower Building occupied by the department of Community Initiatives, Child Care Delivery System Division; authorizing the execution of said amendment and any other necessary documents in connection therewith; and authorizing payment of the termination fee in the amount of $7,925.32. [Presented by Dennis J. Campa, Director, Community Initiatives; Frances A. Gonzalez, Assistant City Manager]

Miscellaneous 

24. An authorizing payment of a Hosting Obligation for the opening reception of the International Association for Exhibition Management (IAEM) 2004 Annual Conference, scheduled for December 1-3, 2004, in San Antonio, in an amount not to exceed $130,000.00, which was approved in the Community & Visitor Facilities Fund Adopted Fiscal Year 2004-2005 budget; and providing for payment. [Presented by Melvin Tennant, Director, Convention and Visitors Bureau; Roland A. Lozano, Assistant to the City Manager]  

25. An authorizing the execution of a contract with the San Antonio Housing Authority in an amount not to exceed $308,352.00 for the continuation of the Dwyer Avenue Center rental subsidy program for the period of september 17, 2004 to september 16, 2005. [Presented by Dennis J. Campa, Director, Community Initiatives; Frances A. Gonzalez, Assistant City Manager] 

26. An authorizing the execution of a contract modification with the Alamo Workforce Development, Inc., a/k/a Alamo Worksource, which awards funds of $59,176.00 and amends the statement of work for the period of november 18, 2004 through december 15, 2004, for the provision of quality improvement activities within the Alamo Area Child Care Delivery System (Ccds) Program; authorizing the acceptance of said additional funds in connection therewith; approving a revised ccds program budget for Fiscal Year 2005; authorizing execution of an amendment of the Delegate Agency Contract with Family Services Association of San Antonio, Inc. providing additional funds in the amount of $59,176.00 for the provision of quality improvement activities during the period november 18, 2004 through december 15, 2004; and providing for an immediate effective date upon passage by eight (8) affirmative votes. [Presented by Dennis J. Campa, Director, Community Initiatives; Frances A. Gonzalez, Assistant City Manager] 

27. An authorizing the Interim City Manager or his designee to accept a donation in the amount of $2,250.00 from Sam's Club #8164 to support the Alamo City Heat Band of the San Antonio Police Department; amending the budget; and appropriating funds in the amount of $2,250.00. [Presented by Albert A. Ortiz, Police Chief; Christopher J. Brady, Assistant City Manager] 

28. An authorizing the acceptance of an amount not to exceed $5,535,600.00 from the Texas Department of State Health Services ("TDSHS") for the Special Supplemental Nutrition Program for Women, Infants & Children ("WIC Program") of the San Antonio Metropolitan Health District for the period October 1, 2004 through September 30, 2005; approving the execution of a change to the contract with TDSHS; adopting the program budget; approving the personnel complement; authorizing the execution of a subcontract with the Lactation Connection, Inc.; and approving payments for contractual services and existing WIC Clinic Leases. [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant City Manager]

29. An authorizing the purchase of Medical Professional Liability Insurance for the San Antonio Metropolitan Health District with Underwriters @ Lloyds, Catlin Syndicate, through McGriff, Seibels & Williams of Texas, Inc., the City's Broker of Record, for a one (1) year period beginning November 22, 2004 and ending November 22, 2005, at a cost of $168,538.00; and providing for an immediate effective date upon passage by eight affirmative votes. [Presented by Sharon De La Garza, Director, Human Resources; Frances A. Gonzalez, Assistant City Manager] 

30. An authorizing the Interim City Manager or his designee to execute a contract with Concentra Health Services, Inc. at an estimated annual amount of $104,786.00 to provide drug and alcohol testing for prospective non-uniformed City employees and City employees operating commercial vehicles, for a three (3) year term, beginning January 1, 2005 and ending December 31, 2007, with an option to extend the contract for up to two (2) one (1) year extensions, subject to and contingent upon funding and approval by City Council.  [Presented by Sharon De La Garza, Director, Human Resources; Frances A. Gonzalez, Assistant City Manager] 

31. An authorizing the Interim City Manager or his designee to execute the final one (1) year renewal and extension of the contract with Morris & McDaniel, Inc., for the development of validated written promotional examinations for the positions of Police Detective Investigator, Police Sergeant, Police Lieutenant, and Police Captain, and the preparation of scenario-based promotional examinations for the positions of Police Lieutenant and Police Captain, for the San Antonio Police Department, for the amount of $186,840.00, for the development of the examinations, and an amount not to exceed $15,000.00 for the appeal process, if necessary, for a total contract amount of $201,840.00. [Presented by Sharon De La Garza, Director, Human Resources; Frances A. Gonzalez, Assistant City Manager] 

32. An amending Chapter 34 of the City Code by modifying local regulations to implement the San Antonio Water System's Pretreatment Program; and directing publication. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

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

33. An   authorizing the temporary closure of Alamo Street between Houston and Commerce from 5:00 P.M. to 7:00 P.M. on Friday, November 26, 2004 in connection with the Annual Christmas Tree Lighting Ceremony in Alamo Plaza sponsored by the City of San Antonio and H.E.B. [Presented by Malcolm Matthews, Director, Parks and Recreation; Christopher J. Brady, Assistant City Manager] 

34. An approving the temporary closure of certain downtown streets in connection with the City's New Year's Eve Celebration to be held in HemisFair Park on Friday, December 31, 2004 prohibiting "Liquid String", Silly String, Super String, Snappers, Throwdowns, Popping Match Sticks, Pop Pops, and glass beverage containers and requiring all pets to be on a leash in La Villita, HemisFair Park and on the downtown streets near the HemisFair Park Area in connection with said event to be conducted by the City of San Antonio and the San Antonio Parks Foundation; and providing penalties for the violation of this provision. [Presented by Malcolm Matthews, Director, Parks and Recreation; Christopher J. Brady, Assistant City Manager] 

35. An authorizing the temporary street closures of West Evergreen between San Pedro Avenue and Maverick Street in connection with the 15th Annual Peace Market sponsored by the Esperanza Peace and Justice Center to be held on Friday, November 26 and Saturday, November 27, 2004 from 8:00 A.M. until 7:00 P.M. [Presented by Roland A. Lozano, Assistant to the City Manager;  J. Rolando Bono, Interim City Manager] 

36. An approving the parade permit and authorizing the temporary closure of portions of certain streets in the downtown area in connection with the Toys for Tots 5K to be held on Saturday, December 4, 2004 from 6:30 A.M. until 10:00 A.M. [Presented by Roland A. Lozano, Assistant to the City Manager;  J. Rolando Bono, Interim City Manager] 

37. An approving the parade permit and authorizing the temporary closure of portions of certain streets near O.P. Schnabel Park in connection with the 2nd Annual Holiday Hustle sponsored by the Northwest YMCA to be held on Saturday, December 4, 2004 from 8:00 A.M. until 10:30 A.M. [Presented by Roland A. Lozano, Assistant to the City Manager;  J. Rolando Bono, Interim City Manager] 

38. An approving the temporary street closures of North Main between Commerce and Dolorosa in connection with the Annual Celebracion a La Virgen de Guadalupe sponsored by San Fernando to be held on Saturday, December 11, 2004 from 12:00 P.M. until 4:00 A.M. [Presented by Roland A. Lozano, Assistant to the City Manager;  J. Rolando Bono, Interim City Manager] 

Board, Commissions and Committee Appointments.  

39. Consideration of the following board appointments: [Presented by Leticia M. Vacek, City Clerk]  

A.     An appointing Roosevelt Tennessee (District 2) as Trustee to the San Antonio Development Company d/b/a South Texas Business Fund for a term of office to expire on May 9, 2005.  

B.     An appointing David Michael Villyard (Mayor) to the Citizens' Bond Oversight Committee for a term of office to expire on September 30, 2005.  

C.     An appointing Gene Camargo (Regular Member - Mayor) to the Board of Adjustment for a term of office to expire on February 22, 2006.

ITEMS FOR INDIVIDUAL CONSIDERATION 

40. An approving the appointments to the Alamo Workforce Development Board a/k/a Alamo Worksource, of Dr. Federico Zaragoza (Place 18 - Secondary Education Category), Rebecca Cervantez (Place 15 - Community-Based Organization Category), Grace Moser (Place 23 - Public Assistance Category), to fill unexpired terms to expire December 31, 2007, December 31, 2007 and December 31, 2005, respectively; and approving the reappointments of Thomas Murray (Place 7), John Curran (Place 12), Douglas Heath (Place 11) and Diane Cortez (Place 1), all in the Business Category, and Roland Pena (Place 20 - Economic Development Category) for terms of office to expire on December 31, 2007. [Presented by Ramiro Cavazos, Director, Economic Development; Jelynne LeBlanc Burley, Assistant City Manager] 

41. An establishing the filing procedures for candidates for the City of San Antonio City Council and repealing Ordinance No. 96789, passed on November 21, 2002. [Presented by Leticia M. Vacek, City Clerk] 

42. An authorizing the selection, negotiation and execution of a professional services contract to hire an executive search firm to assist in hiring a City Manager. [Presented by Leticia M. Vacek, City Clerk] 

43. An authorizing the execution of a fifteen (15) year lease agreement with Willie G's Post Oak, Inc., a wholly owned subsidiary of Landry's Restaurants, Inc., for operation of the Tower of the Americas; approving assignment of a license agreement with the Lions Club of San Antonio for operation of telescopes; and appropriating funds in the amount of $2,154,700.00 for capital improvements to the Tower.    [Presented by Malcolm Matthews, Director, Parks and Recreation; Christopher J. Brady, Assistant City Manager] 

44. An selecting a firm to operate the San Antonio River Barge Concession and authorizing the Interim City Manager to negotiate a ten (10) year license agreement with this firm. [Presented by Malcolm Matthews, Director, Parks and Recreation; Christopher J. Brady, Assistant City Manager] 

45. An authorizing the Interim City Manager or his designee to execute eight (8) Delegate Agency Contracts in connection with the Neighborhood Heritage Initiative Program for community based art projects in a total amount of $120,000.00 from FY 2003 and FY 2004 Community and Visitor Facilities fund; and providing for payment. [Presented by Felix Padron, Director, Cultural Affairs; Roland A. Lozano, Assistant to the City Manager] 

46. Consideration of the following Ordinances: [Presented by Milo D. Nitschke, Director, Finance; Melissa Byrne Vossmer, Assistant City Manager] 

A.   An approving the City's Preliminary Official Statement pertaining to the sale of obligations designated as "City of San Antonio, Texas General Improvement Forward Refunding Bonds, Series 2006"; complying with the requirements contained in municipal securities rule making board rule 15c2-12; authorizing the City's staff, Co-Financial Advisors and Co-Bond Counsel to take all actions deemed necessary in connection with the sale of such bonds; and providing an effective date. 

B.   An authorizing the issuance of approximately $33,250,000.00 "City of San Antonio, Texas General Improvement Forward Refunding Bonds, Series 2006"; 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 agreement, and a forward delivery purchase contract; complying with the requirements imposed by the Letter of Representations previously executed with the Depository Trust Company; delegating the authority to certain members of the City staff to execute certain documents relating to the sale of the bonds; and providing for an effective date. 

47. An authorizing the San Antonio Housing Finance Corporation to issue Tax Exempt Multi-Family Revenue Bonds in an amount not to exceed $8,500,000.00 for the Villas of Costa Cadiz Apartments Project, located at 2813 and 2815 W. W. White Road in Council District 2. [Presented by Andrew W. Cameron, Director, Housing & Community Development; Jelynne LeBlanc Burley, Assistant City Manager] 

48. An authorizing the San Antonio Housing Finance Corporation to issue Tax Exempt Multi-family Housing Revenue Bonds in an amount not to exceed $13,500,000 for the Rosemont at Pleasanton Road Apartments  located at 9900 Moursund Road in City Council District 3. [Presented by Andrew W. Cameron, Director, Housing & Community Development; Jelynne LeBlanc Burley, Assistant City Manager] 

49. An authorizing the San Antonio Housing Finance Corporation to issue Tax Exempt Multi-Family Revenue Bonds in an amount not to exceed $14,000,000.00 for the Artisan at the Bluff Apartments Project, located at 6425 De Zavala Road in Council District 8. [Presented by Andrew W. Cameron, Director, Housing & Community Development; Jelynne LeBlanc Burley, Assistant City Manager] 

50. An releasing approximately 226.5 acres consisting of forty two (42) lots in the Schoenthal Ranch Subdivision situated in Comal County and within the Extraterritorial Jurisdiction of the City of San Antonio from the Extraterritorial Jurisdiction of the City of San Antonio to the City of Boerne, Texas for incorporation by the City of Boerne, Texas into its Extraterritorial Jurisdiction. [Presented by Emil R. Moncivais, Director, Planning; Jelynne LeBlanc Burley, Assistant City Manager] 

51. A authorizing the Planning Director to undertake land use and other background studies necessary to recommend to the City Council a Corridor Overlay District along State Highway 151 from U.S. Highway 90 to Loop 1604 in Council District 6, pursuant to Section 35.339.01, Chapter 35,  Unified Development Code of the City Code of San Antonio, Texas. [Presented by Emil R. Moncivais, Director, Planning; Jelynne LeBlanc Burley, Assistant City Manager]

52. A deciding an appeal by Earl & Associates, on behalf of Mission Del Lago, of the Planning Commission's decision to deny the applicant's claim for recognition of rights to develop 812 acres located east of Mitchell Lake, west of U.S. Highway 281 and surrounding the Mission del Lago Municipal golf course (known as Mission del Lago) under Chapter 245 of the Texas Local Government Code. Staff recommends denial. [Presented by Florencio Peņa, Director, Development Services; Christopher J. Brady, Assistant City Manager] 

53. A supporting the completion of the Trans-Texas Corridor Project by the Texas Department of Transportation. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

54. A not opposing the San Antonio River Authority's application for a Dual Certificate of Convenience and Necessity that was filed with the Texas Commission on Environmental Quality to provide wastewater service to the Woodlake Area. [Presented by Ben Gorzell, Jr., Director, Public Utilities; Melissa Byrne Vossmer, Assistant City Manager] 

55. A to nominate Avanzar Interior Technologies, Ltd., Vutex, Inc., and Texas Automotive Manufacturing to the Office of the Governor, Economic Development and Tourism, for designation as State Enterprise Zone Projects. [Presented by Ramiro A. Cavazos, Director, Economic Development; Jelynne LeBlanc Burley, Assistant City Manager] 

56. A amending Resolution No. 2003-24-26 by revising the appointment of certain members of City Council to the Metropolitan Planning Organization; the Fire and Police Pre-Funded Heath Trust; the Firemen's and Policemen's Pension Fund Board of Trustees; the Community Action Advisory Board; and the Committee of Six of the Alamo WorkSource,  as requested by Mayor Edward Garza. 

57. An reallocating $5,000.00 from the Mayor's FY 2001 One-Time Project funds and authorizing the following adjustments; reducing funds set aside for the completed Creekway and Linear Park Development Report Project by $1,231.86; reducing funds set aside for the completed Emissions Device Testing Project by $3,768.14; and allocating $5,000.00 to Solar San Antonio, a non-profit advocacy and resource center for renewable and sustainable energy applications in order to support their ongoing educational programs involving the public school system; as requested by Mayor Edward D. Garza.  

58. An authorizing the reallocation of $85,403.92  from the Mayor's FY 2001 One-Time Project budgets and authorizing the following adjustments:  reducing funds set aside for Better Jobs Benchmarks Development by $48,000.00; reducing funds set aside for Better Jobs Office Furniture & Fixtures by $5,122.38; reducing funds set aside for Better Jobs Office One-Time Expenditures by $462.12; reducing funds set aside for Better Jobs Related Agencies Training by $22,146.08; reducing funds set aside for Better Jobs Related Programs by $453.47; reducing funds set aside for Economic Development Plan/Working Together Meeting by $2,500.00; reducing funds set aside for Economic Development Plan Information Summary by $0.99; reducing funds set aside for Emissions Device Testing by $523.16; reducing funds set aside for Math and Science Student/Parent Empowerment by $2,000.00; and reducing funds set aside for Strategic Plan for Small Business Technology by $4,195.72; and allocating $85,403.92 to a new One-Time Project for the City South Initiative; as requested by Mayor Edward D. Garza.  

59. Ratification of Authorization for Councilman Richard Perez, District 4, who traveled to Washington, D.C., to discuss railroad issues with the U.S. Department of Homeland Security and U.S. Sen.  John Cornyn's office from Monday, November 15, 2004 to Wednesday, November 17, 2004.  

60. City Manager's Report. 

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

A.   Discuss legal issues relating to Allstars, PT's, Sugar's, XTC, Jane Roe I and Jane Roe II v. City of San Antonio, et al, Cause No. SA-03-CA-356 FB, U.S. Dist. Court for the Western District of Texas, pursuant to Texas Government Code Section 551.071 (consultation with attorney). 

B.   Discuss legal issues relating to AVM-HOU, Ltd., et al v. City of San Antonio, et al, Cause No. SA-03-CA-1288 OG, U.S. Dist. Court for the Western District of Texas, pursuant to Texas Government Code Section 551.071 (consultation with attorney).  

C.   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). 

D.  Deliberate the offer of financial or other incentives related to economic development negotiations with a business prospect the City Council seeks to have locate in or near San Antonio, 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). 

E.   Discuss legal issues regarding franchise renewal negotiations with Time Warner Cable, pursuant to Texas Government Code Section 551.071 (consultation with attorney) and Section 551.072 (deliberation regarding real property). 

F.    Discuss legal issues regarding the City Public Service Board's approved transmission line route for the Cagnon to Kendall Project, pursuant to Texas Government Code Section 551.071 (consultation with attorney). 

G.  Discuss acquisition and disposition of an interest in real property for a senior citizen's center and related uses, pursuant to Texas Government Code Section 551.072 (deliberation regarding real property).