Y OF AU FOUNDED 1839 Austin City Council MINUTES For February 24, 1982 -- 3:00 Ρ.Μ. Council Chambers, 301 West Second Street, Austin, Texas City Council Carole Keeton McClellan Mayor John Treviño, Jr. Mayor Pro Tem Council Members Larry Deuser Roger Duncan Richard Goodman Ron Mullen Charles E. Urdy Nicholas M. Meiszer City Manager Grace Monroe City Clerk Memorandum To: Mayor McClellan called to order the Meeting of the Council scheduled for 3:00 P.M., noting the absence of Councilmembers Deuser, Urdy, Mayor Pro Tem Trevino and Councilmembers Goodman and Mullen. They entered the Council Chamber at 3:10, 3:15, 3:18, and 3:18 respectively. Councilmember Mullen was absent for the day. BOARD & COMMISSION APPOINTMENTS Mayor McClellan announced the following board and commission appointments are due to be made: Ethics Review Commission, 1; Austin Tomorrow On-Going Committee, 7; Manpower Advisory Planning Council,4; Neighborhood Revitalization Commission, 1; Environmental Board, 1; Hospital Board, 1; Board of Adjustment, 6; Electric Utility Commission, 1; EMS Quality Assurance Team, 5; Urban Transportation Commission, 4; Joint Airport Zoning Board, 1; Elisabet Ney Museum Board of Directors, 1. CONSENT RESOLUTIONS The Council, on Councilmember Goodman's motion, Councilmember Urdy's second, adopted the following resolutions in one consent motion: (6-0 Vote, Councilmember Mullen absent) Eminent Domain Proceedings Authorized eminent domain proceedings to acquire the following proceedings tract of land for the Jefferson Street Drainage Improvement Project on Shoal Creek: Lot "A" Ridgelea Hollow, locally known as 4105 Jefferson Street. (Richard Poss & Jerry Landonny, owners) Council Memo 2 February 24, 1982 Grant Applications Designated the City Manager or his designee as signatory agent for the City of Austin on U.S. Environmental Protection Agency grant applications and other related documents. Item Pulled During the consent resolution vote Council agreed to pull the following item from the agenda for consideration: Consider authorizing release of the following Easement: A portion of a Drainage and Public Utility Easement on Lot 1, Town and Country Village, Section 3, Phase 1. a. Contracts Approved Approved the following contracts: BIG STATE UTILITY 9324 Circle Drive Austin, Texas b. WESTINGHOUSE ELECTRIC CORPORATION 201 North St. Mary's Street c. San Antonio, Texas J. H. EMERSON 22 Cottage Park Avenue Cambridge, Massachusetts d. ALDRICH SCIENTIFIC e. 5415 Jackwood Drive San Antonio, Texas PURE MILK COMPANY 1819 Rutland Austin, Texas f. INTERNATIONAL BUSINESS MACHINES CORPORATION 1609 Shoal Creek Boulevard Austin, Texas - Drilling Machine, Water and Wastewater Utility Department Items 1-18 - $24,144.80 Emergency purchase of a complete set of eight floating piston assemblies for repair of Decker #1 turbine, Electric Utility Department - $82,120.00 Ventilator for Brackenridge Hospital Item 1 $5,365.00 Microflame Photometer Electrolyte Analyzer for Brackenridge Hospital $5,747.50 - Milk Products for Brackenridge Hospital Six (6) Month Supply Agreement Items 1-10 - $37,805.00 Central Processing Unit for Brackenridge Hospital Sixty Month Lease Plan Item 1 $10,106.00 per month Council Memo CONTRACTS APPROVED - (Continued) g. Bid award: 3 (1) LEIF JOHNSON FORD TRUCK CITY 502 E. Ben White Boulevard Austin, Texas (2) LONGHORN INTERNATIONAL EQUIPMENT - INC. 4711 East 7th Street Austin, Texas h. P.A. STARK CONSTRUCTION, INC. 16327 Flint Rock Road Austin, Texas - February 24, 1982 - Truck Cab and Chassis, Vehicle & Equipment Services Department Items HT-1, 1 ea.; HT-2, 4 ea.; HT-6, 3 ea.; HT-7, 1 ea.: HT-8, 1 ea.; HT-10, 1 ea. & HT-11, 1 ea. - $284,756.00 Items HT-1, 3 ea.; HT-3-1, 1 ea.; HT-3-2, 1 ea.; HT-3-3, 1 ea.; HT-4-2, 2 ea. & HT-9, 1 ea. - $172,150.56 - CAPITAL IMPROVEMENTS PROGRAM Emerald Forest Drive Paving and Drainage Improvements - $154,934.15 C.I.P. No. 78/62-05 Payment Authorized Authorized payment to the following: BLANKENSHIP DEVELOPMENT INC. - The Cost difference of 12/8- inch water main installed in Cat Mountain North Section 1 - $17,486.00 C.I.P. 75/22-07 CETA Program Authorized submission of a modification to the Comprehensive Employment and Training Plan incorporating revised allocations for the CETA Program for fiscal year 1982 in the following amounts: Title II B Title IV Youth Title IV SYEP Title IV PSIP $2,307,711 337,461 1,304,918 373,310 $4,317,400 Transitional Living Facility Entered into a contract with MIGHT II, Inc./ARCIL for the renovation of a Transitional Living Facility for the multiply handicapped utilizing $22,297 of 7th year Community Development Block Grant funds and the City owned structure at 701 Herndon Street. C Council Memo 4 February 24, 1982 Temporary Street & Alley Closings Temporarily closed the following streets: : a. SAN GABRIEL STREET between 24th and 25th Streets, on March 5, 1982, from 2:00p.m. to 7:00 p.m. as requested by Mr. Wright Alcorn, representing Kappa Sigma Fraternity. b. SAN PEDRO STREET between 26th and Poplar Streets, on March 5, 1982 from 1:00 p.m. to 6:30p.m. as requested by Mr. Charles Shidlofsky, representing Alpha Epsilon Pi Frat Fraternity. c. Approved temporarily closing the alley between Congress & Brazos from 8th to 9th Street from Thursday, February 25, 1982 through Friday, February 26, 1982, from 7:00a.m. to 5:00p.m. as requested by Mr. Garry W. Entress, editor and publisher of the Austin Press Newspaper. Committee Abolished Abolished the Boggy Creek Ad Hoc Committee. Work Session Set Set a work session on multi-family housing and industrial development bonds for March 3, 1982 at 2:00 p.m. Public Hearings Set Set public hearings on the following: a. Authorization to submit a grant application to UMTA for an Operating Assistance Grant, TX-05-0PR-2, for $1,793,562 on April 15, 1982 at 3:30 pm. b. Proposed amendments to Chapter 13-2-101(e) (5) Zoning Ordinance of the Austin City Code pertaining to handicapped parking requirments for March 11, 1982 at 3:30p.m. c. An appeal from Mr. Joe Jerkins of the Planning Commission's decision regarding Special Permit for a helicopter landing area at 3201 Steck Avenue. (File No. C14p-81-093) for March 11, 1982 at 3:45 p.m. d. The North Central Growth Corridor MUD #1 for March 4, 1982 at 6:30 p.m. Council Memo 5 Assessment Paving Policy February 24, 1982 Approved amendments to the Assessment Paving Policy as recommended by the Director of Public Works in accordance with said policy and the Austin Public Works Construction Cost Index. CONSENT ORDINANCES The Council, on Councilmember Urdy's motion, Councilmember Goodman's second, waived the requirement for three readings and finally passed the following ordinances in one consent motion: (6-0 Vote, Councilmember Mullen absent) Item Postponed During the consent ordinance vote the Council agreed to bring back on next week's agenda an ordinance to amend the 1981-82 Operating Budget by transferring the required funds from the ending balance to the Public Works budget for the Cooperative Hydrologic Study with the United States Geological Survey at the level approved by Council and renewing the agreement between the United States Geological Survey of the Department of the Interior and the City of Austin for an investigation of the ground and surface water regimen. (quality and quantity) in the Austin Metropolitan Area. Elisabet Ney Restoration Accepted a grant in the amount of $23,000 from the Texas Historical Commission for the Elisabet Ney Museum restoration project. Transfer of C.I.P. Funds Amended the 1981-85 Capital Improvements Program Budget to transfer funds from the remaining balance to the Clarksville Park Improvements account, a project which has been completed, to the Austin Nature Center account in the amount of $12,515 to complete Phase I of the project. Austin City Code Amendment Amended Chapter 11-2 of the 1981 Austin City Code, regulating parking in the north one-half of the 1000 block of Lavaca Street, east side. fees. Golf Green Fees Amended Ordinance No. 810924-HH to correctly recite individual golf green Council Memo 6 Approach Mains Approved the following five year approach mains: a. EMILE JAMAIL b. BILL MILBURN COMPANY - February 24, 1982 To pay the developer the City's share of the construction cost of a water approach main for Stoneledge. City cost participa- tion for 12-inch is $12,164.90. -To reimburse for in-City lines only to pay the developer the City's share of the construction cost of a water approach main for Maple Run Subdivision. City cost participation for 16 and 24-inch lines is $221,818.44 if annexed er $166,363.83 if not annexed. PASSED AS AN EMERGENCY Lockheed P.U.D. Approved a Planned Development Area (PDA) agreement with Lockheed Missile and Space Company on EMERGENCY PASSAGE. Councilmember Duncan requested a letter from Lockheed concerning their affirmative action and training program. change: Zoning Ordinance Amended the Austin City Code (Zoning Ordinance) to cover the following a. LYNDON CRIDER CONSTRUCTION COMPANY By James E. Billingsley C14r-81-222 Rear of 12731 Research From Interim "AA" 1st Boulevard H&A to "GR" 1st H&A BALLOT PROPOSITION Council had before them for consideration an ordinance to consider the wording of the ballot proposition for the ordinance ordering an election April 3, 1982, relating to the establishment of a height limitation. Councilmember Deuser stated: "I'd like to make a few prefacing remarks Council Memo BALLOT - (Continued) 7 February 24, 1982 before introducing a non-binding referendum wording for the ballot. The recent history of concerns about the Capitol view started from a direction by the City Council in 1979 that the Sign Committee looked at the problem that had developed in terms of whether signs were going to be interfering with Capitol views and there was some examples created by staff to show where the views had already been impeded with signs alone. In addition it was found in 1979 that we had a large area around the Capitol that had already been zoned for 4th height and area. It amounted to about a 64 block area. In 1979 the Planning Commission unanimously voted and recommended to the City Council of Austin that there be a height limit established on buildings of Austin of 120'. That recommendation was never carried any further by the City Council at that time. In May of 1980 the Planning Commission again looked at the problem of height limitation ordinance or recommendation and felt that all buildings above 120' should be granted only by Special Permit. There was a task force that had been asked to come up with some kind of a plan on that and the task force has not yet been able to do that. We have a concern that has been raised by many members of the community and it is a concern that has been around for a long time. It goes back to the debates of whether the Westgate building built on the west side of the Capitol grounds was an inappropriate size structure to be built. However, I think to go to a flat 120' height limitation at the present time would be a large leap and a change from the present existing height requirement and I am not sure exactly when you get into some of the blocked Capitol views areas or a well designed project whether or not above 120' is necessarily too tall of a building but there certainly is a lot to substantiate the 120' there is a lot of concern that has been generated over the recent appearance of proposals and projects that go substantially beyond the 120 or 200' so called height limitation that we have. In fact we have one proposal that is well on its way that amounts to a 400' structure. We have two other examples of a 320' building that were done by Board of Adjustment decisions back in the early 70's. It seems that the overwhelming interest in the community is to establish some kind of a height limitation and I think it is this Council's duty to come up with a reasonable proposal to take to the voters on this. In light of that I have put together a proposal for a wording to be put on the ballot for the April 3rd election. that I think is in tune with the concern and yet it is reasonable and should be carried forth. The following is my recommendation for wording to be put on the ballot April 3rd: Should the buildings in Austin be generally limited to the Height and Wings of the Capitol (120 ft.) but under special cir- cumstances allowed to go up to, but not over, 200 ft. in Height. For Against "It's not exactly everything that the people would like to see 120' would be asking for, nor is it everything that the people who would like to see 300 plus foot buildings continue to emerge would get, but I think it is a reasonable compromise." Motion Councilmember Deuser made a motion, seconded by Councilmember Duncan to waive the requirement for three readings and finally pass an ordinance to include the above wording on the April 3rd ballot. Council Memo BALLOT - (Continued) 8 February 24, 1982 Councilmember Goodman asked, "What was the recommendation of the Downtown Task Force on the item that Councilmembers Duncan and Mayor Pro Tem Trevino sent to them?" In answer, Mayor McClellan read the following letter: February 23, 1982 Mayor Carole McClellan and Members of the City Council At their February 22, 1982 meeting, the Downtown Revitalization Task Force unanimously approved the following motion: Motion: Taniguchi Second: Davis Vote: The City Council has charged the Downtown Revitalization Task Force with reviewing building heights downtown and any City Council action prior to a recommendation by the Task Force would be premature. Approved Unanimously /s/ Alan Taniguchi Chairman Downtown Revitalization Task Force Councilmember Deuser said any action that would determine everything would be inappropriate, but "in this case we're talking about something that leaves a considerable amount of design, special circumstances are yet to be determined. We have one example that if you set the whole building back you cannot increase the height. That is a rule that is already on the books.and will continue to be in effect. As far as the whole gamut of design consideration and any final action taken by this Council we're not about to do that today and so I think we are in full harmony with their recommendations." Discussion followed concerning interpretation of what the Downtown Task Force meant and the meaning of a non-binding referendum. Mayor Pro Tem Trevino said he was in a quandry as to what to do and suggested they hold the vote until there is a full Council. Since there is a time element concerned because of the election called for April 3, 1982, Mayor Pro Tem Trevino made the following motion: Substitute Motion The Council, on Mayor Pro Tem Trevino's motion, Councilmember Goodman's second, voted to hold a Special Called Council Meeting Tuesday, March 2, 1982 in the Council Chambers at 4:00 p.m.; and schedule this on the agenda of the Regular Council Meeting Wednesday, March 3, 1982 at 3:00p.m.. (4-2 Vote, Councilmembers Deuser & Duncan voted No, Councilmember Mullen absent.) Council Memo shoreline. 9 LAKE AUSTIN SHORELINE February 24, 1982 Council had before it two resolutions concerning the Lake Austin Motion The Council, on Councilmember Duncan's motion, Councilmember Deuser's second, waived the requirement for three readings and finally passed an ordinance extending the temporary moratorium on the approval of subdivision plats along the shoreline of Lake Austin and expanding the same to include the shoreline of the area known as the "Lake Austin Peninsula". (4-2 Vote, Mayor McClellan, Councilmember Goodman voted No, Councilmember Mullen absent.) Motion to Reconsider Councilmember Duncan made a motion, seconded by Councilmember Deuser to reconsider the motion. It passed unanimously, Councilmember Mullen absent. Motion The Council, on Councilmember Duncan's motion, Mayor McClellan's second, waived the requirement for three readings and finally passed an ordinance extending the temporary moratorium on the approval of subdivision plats along the shoreline of Lake Austin until May 15, 1982. (6-0 Vote, Councilmember Mullen absent) Motion FAILED - Council FAILED TO PASS a motion by Councilmember Duncan, seconded by Councilmember Deuser to extend the temporary moratorium on the approval of subdivision plats along the shoreline of Lake Austin and expanding the same to include the shoreline of the area known as the "Lake Austin Peninsula". (3-3 Vote, Councilmember Goodman, Mayor McClellan, Mayor Pro Tem Trevino voted No, Councilmember Mullen absent) DAY FOR BOARD & COMMISSION APPOINTMENTS Councilmember Duncan discussed with Council the idea of designating the first Council meeting of each month as the day to make board and commission appointments. Mayor McClellan said the idea is great in theory but not practical because it is difficult to get all the Councilmembers together at one time. Councilmember Duncan asked this be placed on next week's agenda. ONION CREEK WASTEWATER PLANT AND INTERCEPTOR FORCE MAIN Rodger White, Acting Director of Water and Wastewater, introduced Paul Nail of Turner, Collie & Braden, Inc., who showed slides of the Onton Creek Wastewater Treatment Plant-Lift Station, Mr. White then introduced Mr. Tye Collins of Black and Veatch who showed slides of the Interceptor Force Main at Onion Creek. Council Memo 10 TOWING REPORT February 24, 1982 Chief of Police Frank Dyson presented a report on the enforcement efforts against non-permitted towing companies/wrecker businesses. He said he has received several complaints, but only one in writing. He cited some figures and said a memo will be re-issued to all patrol personnel concerning non-permitted towing companies. REFUNDING OF ELECTRIC SYSTEM INDEBTEDNESS Mr. Meiszer, City Manager, reported on the Refunding of Electric System Indebtedness. He referred to a report, which is on file in the City Clerk's Office. Mr. Phil Scheps, Finance Director, also discussed the report. NEIGHBORHOOD REVITALIZATION COMMISSION Victor Baez, Neighborhood Revitalization Commission, reported on the standard rehabilitation maximum loan amount temporary housing. He passed out a memo. CITY CLERK DID NOT RECEIVE A COPY. AUSTIN CABLE COMMISSION Hoyt Purvis, chairman, Austin Cable Commission, appeared before Council to request $35,000 for interim funding for Austin Community Television from annual access appropriation. He also presented to Council the Administrative Rules of the Austin Cable Commission. Motion The Council, on Councilmember Urdy's motion, Councilmember Goodman's second, approved the request of Austin Cable Commission for $35,000 for interim funding for Austin Community Television from annual access appropriation. (5-0 Vote, Mayor Pro Tem Trevino was out of the room, Councilmember Mullen absent.) ADJOURNMENT Council adjourned its meeting at 5:40 p.m.