: : 1 ITY OF AU FOUNDED 183 Austin City Council MINUTES For May 27, 1982 1:00 Ρ.Μ. Council Chambers, 301 West Second Street, Austin, Texas Memorandum To: 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 Mayor McClellan called to order the meeting of the Council scheduled for 1:00 p.m. at 1:13 p.m., noting the absence of Councilmembers Mullen, Goodman and Urdy who arrived at 1:15, 1:25 and 1:30 respectively. 1. INVOCATION The Invocation was given by Reverend Henry E. Beseda, Austin Brethren Church. RESOLUTION FOR TOM MUEHLENBECK A resolution, signed by all Councilmembers, was read by Mayor McClellan recognizing Mr. Tom Muehlenbeck's service with the City of Austin as Deputy City Manager and Acting City Manager. Mr. Muehlenbeck is leaving Austin to become City Manager in Virginia Beach, Virginia. The Mayor also presented a Distinguished Service Award to Mr. Muehlenbeck.who thanked the Mayor and Council CONSENT RESOLUTIONS The Council, on Mayor Pro Tem Trevino's motion, Councilmember Urdy's second, adopted the following resolutions in one consent motion: (6-0 Vote, Councilmember Goodman out of the room) Lease Agreement Adopted a lease agreement between the City of Austin and St. John's Community Association for St. John's Neighborhood Center. こ Council Memo 2 Lease Agreement May 27, 1982 Approved a seven month Lease Agreement for a service station located at East 7th and Red River as an alternate refueling location for police cars during the construction of the new police parking garage, Phase II. Ground Lease Agreement Approved a Ground Lease Agreement with the State for 307 East 14th Street. Sale of City-Owned Property Approved selling of City-owned property located at 3402 Happy Hollow to James Brownlee Hunter in the amount of $1,000.00. Change Order Approved a Change Order in the amount of $6,000.00 to James R. Hughes Construction Company for Williamson Creek Wastewater Interceptor, Phase II. (0.8% increase of the original contract) CAPITAL IMPROVEMENTS PROGRAM No. 73/23-04. Contracts Approved Approved the following contracts: a. BURNUP AND SIMS OF TEXAS, INC. 2716 East 5th Street Austin, Texas - b. HENNINGSON, DURHAM & RICHARDSON, INC. 1524 South I.H. 35, Suite 213 Austin, Texas - CAPITAL IMPROVEMENTS PROGRAM - Electric Ductlines at Steck Avenue Substation and Jett Substation, Electric Utility Department - $43,443.00 C.I.P. No. 74/60-07 - CAPITAL IMPROVEMENTS PROGRAM A Professional Services Agreement to provide for a resource recovery feasibility and implementation plan in connection with solid waste recycle/transfer station, Public Works Department - $25,000.00 C.I.P. No. 74/60-07 Council Memo CONTRACTS (Continued) - c. AUSTIN ROAD COMPANY 428 East Anderson Lane Austin, Texas d. Bid award: e. : 3 (1) DELTA MATERIALS CORPORATION Fairland Road at Highway 281 Mable Falls, Texas (2) POOL AND ROGERS PAVING COMPANY 10731 Manchaca Road Austin, Texas (3) WHITE'S MINES, INC. 1421 Travis Street San Antonio, Texas SOUTHWEST SURGICAL SYSTEMS, INC. P. O. Box 3732 Austin, Texas. f. LAW ENFORCEMENT EQUIPMENT COMPANY 3604 Main Street Kansas City, Missouri g. SOUTHSIDE CAMERA 3501 Bellaire Boulevard Houston, Texas h. THE OFFICE COMPANY 4009 Medical Parkway Austin, Texas 1. GLASS SPECIALTY SYSTEMS 9523 Burnet Road Austin, Texas J. BOATRIGHT HARDWOOD FLOORS, INC. 4009 Marathon Austin, Texas - - - - - - - May 27, 1982 CAPITAL IMPROVEMENTS PROGRAM Barge Street, Paving and Drainage Impro Improvements - - Public Works Department - $77,357.75 C.I.P. No. 82/62-08 Aggregate for seal coat, Public Works Department Twelve (12) Month Supply Agreement Estimated total: $199,500.00 Items to be awarded by multiple progressive procedure. $89,775.00 $89,775.00 $19,950.00 Surgeon's Gloves, Brackenridge Hospital Twelve (12) Month Supply Agreement Estimated total: $32,659.20 Revolvers, Police Department Item 1, 39 ea. @ $172.25 Total: $6,717.75 Photographic Laboratory Equipment, Police Department Item 1 -6.g- $24,416.19 Office Furniture, Police Department Item 1 thru 5 - $41,726.60 Estimated total: $10,367.93 - Automotive Safety Glass, Vehicle Equipment Services Department Twelve (12) Month Supply Agreement Gym Floor Refinishing at Givens Recreation Center, Parks and Recreation Department - - $5,340.00 Council Memo ZONING - (Continued) JOSIE CHAMPION C14-82-024 5 May 27, 1982 1822 W. 35th, also bounded by Oakmont From "A" 1st H&A to "0" 1st H&A CITY OF AUSTIN PLANNING DEPARTMENT C14-82-037 S.R.D. ENTERPRISES By David Fritsche C14-82-048 Rear of 11047-11109 U.S. 183, also bounded By Santa Cruz 5618 Manor Road, also bounded by Rogge Lane From "A" 1st H&A to "BB" 1st H&A From "0" 1st H&A to "LR" 1st H&A W. R. RAY By Thomas B. Watts C14-70-001 (part) 309 East St. Elmo Rd. Road (PASSED ON EMERGENCY BASIS) NEVILE M. MORRIS, ET US By Mission Development Corporation C14-82-023 8129 North Lamar From Interim "A" 1st H&A to "D" 1st H&A From "A" 1st & 6th H&A to "C" 1st H&A CHRIS PETROPOULOS By Steve Price C14-82-004 Rear of 2414-2416- 2418 S. Lamar & rear of 2408-2410- 2412 From "A" 1st H&A to "C" 1st & "0" 1st H&A Annexation Ordinance Passed through second reading of an ordinance annexing 585 acres of land along IH-35 south and along FM 1327 east of IH-35. (4-3 Vote, Councilmembers Deuser and Mullen and Mayor McClellan voted No.) Council Memo 6 EXECUTIVE SESSION May 27, 1982 Mayor McClellan announced that Council would convene in a closed or executive session authorized by Section 2, Paragraph (e) of Article 6252-17, Texas Revised Civil Statutes annotated; and after such closed or executive session, any final action, decision or vote with regard to any matter considered in the closed or executive session will be made in open session, should such action, decision or vote be necessary. Council will discuss contemplated litigation relating to the provision of indigent care at Brackenridge Hospital. RECESS Council recessed its meeting at 1:46 p.m. for the executive session and resumed its recessed meeting at 2:15 p.m. RECESS Council recessed its meeting at 2:15 p.m. for a meeting of the Board of the Austin Housing Finance Corporation and resumed its recessed meeting at 2:40 p.m. YOUTH TRAINING PROGRAMS The Council, on Mayor Pro Tem Trevino's motion, Councilmember Urdy's second, waived the requirement for three readings and finally passed an ordinance amending the CDBG Ordinance to allow funding for youth training programs. (7-0 Vote) The Council, on Mayor Pro Tem Trevino's motion, Councilmember Urdy's second, adopted a resolution adopting scopes of work for activities under the 8th Year Community Development Block Grant Program. (6-0 Vote, Councilmember Goodman out of the room.) (As amended and read by Councilmember Urdy, see Attachment "A") WATER & WASTEWATER FOR STEEN SUBDIVISION The Council, on Councilmember Mullen's motion, Councilmember Deuser's second, approved water service to the Steen Subdivision. (6-0 Vote, Councilmember Goodman was out of the room.) Prior to the vote the attorney for Mr. Smith asked Council to approve. and Ms. Leda Roselle, chatrperson, Water and Wastewater Commission, presented the Commission's recommendations. PUBLIC HEARING SPECIAL PERMIT - Council was scheduled to take action at 2:45 p.m. on an appeal from Dr. Mitchel Wong of the Planning Commission's denial of a Special Permit. (C14p-82-006) i Council Memo APPEAL - (Continued) 7 May 27, 1982 Councilmember Duncan stated there are problems connected with the property and the most serious one is the unavailability of water and wastewater. He felt 40 units would be sufficient. Motion Councilmember Duncan made a motion, seconded by Councilmember Deuser to approve the Special Permit for 40 units. Mayor McClellan stated the present zoning will allow for 90 units and said the issue before Council today is not the availability of water and wastewater, but the Special Permit. Mayor McClellan asked Mr. Salmanson, attorney for Dr. Wong, to state for the record whether more than 59 units will be built. Mr. Salmanson told her no more than 59 units will be constructed. Mayor Pro Tem Trevino took the chair so that Mayor McClellan could make the following motion: Motion The Council, on Mayor McClellan's motion, Councilmember Mullen's second, approved the Special Permit (C14p-82-006) for a maximum of 59 units. (4-3 Vote, Councilmembers Deuser, Duncan and Urdy voted No.) REQUEST FOR BLIGHTED AREA Mr. Dan Nelson appeared before Council to request a public hearing on an area to have designation as blighted area for industrial revenue bond purposes. The area is Woodward and I.H. 35 north of the IRS complex. Councilmember Mullen satd he feels this is a misuse of the blighted area designation. He asked that this be put on next week's agenda for consideration of a public hearing. PARADE PERMITS The Council, on Mayor Pro Tem Trevino's motion, Councilmember Duncan's second, approved the following Parade Permits: (7-0 Vote) As requested by Mr. James B. Hodge, for Austin Juneteenth Committee, from 10:00 a.m. to 12:00 noon, Saturday, June 19, 1982 beginning from Comal and Martin L. King Jr. Boulevard, east to Chicon Street, south to 2300 block of Rosewood. (Dorts Miller Aud Iler Auditorium) As requewted by Mr. Clyde Boling, for Texas Association for Blind Athletes/ Austin Runners Club, from 7:00 a.m. to 9:00a.m., Saturday, June 5, 1982, beginning from West 1st Street, west on Lake Austin Boulevard, east on Enfield Road to Dillman, north on Dillman and Hopt Trail to Windsor, west on Windsor, south on Robin Hood, west on Enfield, east on Lake Austin Boulevard and east on West 1st Street to finish line. Council Memo 8 REQUEST FOR VEHICLE May 27, 1982 Mr. Dan Langlois, Executive Director, Youth Employment Service, appeared before Council to request funds to repair or replace a necessary vehicle. He said United Way will allocate a $3,000.00 grant. Mayor Pro Tem Trevino said he is aware of the need and asked Carlos Herrera, Director of Human Services, to identify the money. Mayor Pro Tem Trevino also suggested he approach the County concerning money, also. FIRST ANNUAL CHICANO CONCERT The Council, on Mayor Pro Tem Trevino's motion, Councilmember Duncan's second, approved the request of Mr. Martin Delgado for permission to sell beer and food at Auditorium Shores, Saturday and Sunday, June 12 & 13, 1982 from 12:00 noon to 11:00 p.m. for the first Annual Chicano Concert. PUBLIC HEARINGS DISCUSSED Mr. Frank J. Horsfall appeared before Council to discuss public hearings, citizen communications, etc. It is his contention that public hearings last too long and there should be stricter time limits just as there are for citizen communicattons. REPORT ON MUNICIPAL AIRPORT The City Manager Report on the Municipal Airport was discussed by Mr. Roy Bayless, and then Mr. Holt of Holt, Fatter, Scott outlined the options for the improvements to the airport. Mr. Holt said Option 1 improvements would include paint, doors, remove tile from front of building and replace with opaque glass to match glaze, external signs, remove blue porcelain and replace with stucco or aluminum, painting control tower to match the new fascia, 16' wide canopy across all driving lanes, and replacement of 500 square feet of roof. Total cost would be $850,000.00. Option 2 would be the above minus the canopy for $550,000. Option 3 would be similar to Option 1 and includes painting of scalloped fascia for $730,000. Option 4 would be like Option 3 but with deletion of the canopy, for $430,000. Option 5 would be a canopy only for $30,000 and Option 6 would be the painting of fascia panels for $60,000. Option 7 would be to paint the west end for $20,000 and Option 8 would be to postpone indefinitely for $0.00. Mayor McClellan said she likes Option 2. Mr. Bayless told Council they would like some direction concerning which way to go. Mr. Halstead discussed costs. Motion the report but bring back more details to Council. (There was no second to the motion.) Count member Mullen made motion approve the report Council Memo AIRPORT - (Continued) 9 May 27, 1982 Mr. Meiszer, City Manager, expressed surprise at the rough proposal and said he thought this report was going to be the final proposal. Mr. Graham said the report was based on work items. Councilmember Duncan asked if the energy for the airport has been studied. Motion Withdrawn Councilmember Mullen withdrew his motion and said he would like to study the options for one week. FUEL CONSERVATION REVIEW Mr. Bruce Conover reported on Fuel Conservation Review and Alternative Fuels Study. He reviewed the City Manager's report with slides and the report is on file in the City Clerk's office. Council accepted the report. TRAFFIC SAFETY ON WEST 1st Mr. John German, Director of Public Works, recommended the following changes for traffic safety on West 1st Street: (1) Close all driveways entering West 1st between B.R. Reynolds Drive and the Austin High Interchange. (2) Construct a park road from the Humane Society to the Austin High Interchange. (3) Construct a pedestrian underpass under West 1st Street for pedestrians, bicycles & joggers. Mr. John German, Director of Public Horks, reported on Traffic Safety on West 1st Street. The report is on file in the City Clerk's office. Motion The Council, on Mayor Pro Tem Trevino's motion, Councilmember Duncan's second, approved traffic safety measures on West 1st Street. (7-0 Vote) ZONING HEARINGS Council heard Mayor McClellan announced Council would hear zoning cases. closed the public hearing, granted and instructed the City Attorney to draw up the necessary ordinances. C14-82 043 JAMES K. EICHELBERGER, JR., CHARLES & LEON HOWARD, LEE BLOCKER, ANTHONY LEYENDECKER 7113 Burnet Rd. From "GR" Ist H&A To "C" 1st H&A RECOMMENDED GRANTED AS RECOMMENDED (On Mayor Pro Tem Trevino's motion, Councilmember Duncan's second, 7-0 Vote) : Council Memo ZONING HEARINGS - 10 (Continued) 8-74 THE PARK AT 013.01 LAKEWOOD CONDOMINIUMS By Jim Spence 7100-7231 Lakewood Drive (On Councilmember Mullen's motion, Councilmember Urdy's May 27, 1982 Revised site plan for zoning: 55-unit condo- minium project within the Lakewood PUD existing zoning: PUD with commercial use designation on the subject tract. GRANTED AS RECOMMENDED second, 6-0 Vote, Council- member Goodman was out of the room.) (The following case had several motions. The City Attorney was instructed to bring back ordinances where applicable.) C14-82 CITY OF AUSTIN 040 PLANNING DEPT. 900-1504 & 901-1235 East 11th Street 901-1427 Ε. 12th St. 1172-1198 Comal St. 1100-1194 & 1175-1195 Angelina Street 1150-1198 & 1151-1199 San Bernard Street 1006-1196 & 1101-1199 Navasota Street 1012-1158 & 1017-1159 Lydia Street 1006-1198 & 1007-1199 Waller Street 1016-1022 & 1011-1015 Wheeless Street 1150-1198 & 1151-1199 Curve Street 900-1104 & 901-1105 Catalpa Street 1100-1104 & 1101-1105 Amber Street From "A", "B", "B-H", "O-H", "LR", " "GR", "C" ", "C", "C-1", "C-2", "C-H" ", & "C-2-H" 1st & 2nd H&A Το "Α", "Β", "A-H"," "0-1", "0-1-H", "LR", "GR", "C", "C-1", "C-2", "C-H", & "C-2-H", 1st H&A NOT RECOMMENDED RECOMMENDED (as amended) staff's recommendation excluding 11th Street corridor until a study is completed. A recommendation is to be made once the study is completed. 1200-1416 & 1201-1413 Cotton Street 900-1106 & 901-1107 0live Street 1100-1110 & 1101-1111 Myrtle Street 1200-1312 & 1201-1313 Hackberry Street 900-1114 & 901-1203 Juniper Street : 1200-1326 & 1201-1323 Rosewood Avenue 1159-1197 Branch Street 1006-1018 & 1007-1015 San Marcos Street 1100 block of I.H. 35 Council Memo ZONINGS - (Continued) 11 Motion May 27, 1982 The Council, on Councilmember Mullen's motion, Mayor McClellan's second, granted as recommended. (6-0 Vote, Councilmember Goodman out of the room) LATER IN THE DAY Council decided to reconsider the vote. Motion to Reconsider Councilmember Duncan made a motion, seconded by Mayor McClellan to reconsider. Council unanimously approved. Ms. Donna Kristaponis, Assistant Director, Planning Department, said Ms. Bertha Means has expressed opposition to the roll back. She has a lot which has less square footage than a single family lot should have. Ms. Bertha Means appeared before Council to oppose a roll back at 1117 East 12th. She said there is an office on the property and she would like the property to remain commercial. The lot size is sub-standard for a single family dwelling. Ms. Kristaponis said a letter had been received by Mr. Flournoy, 909 East 12th Street, requestiong that his property not be changed. Mr. Mays, 1160 and 1164 Navasota told Council he opposes the roll back. He will bring his property to minimum standards for commercial property. Motion The Council, on Councilmember Duncan's motion, Councilmember Urdy's second, closed the public hearing, and approved the roll back with the exception of the following: (6-0 Vote, Councilmember Goodman out of the room) 1. Bertha Means 2. Clarence Flournoy 3. Mayes 4. Urban Renewal 5. Smith 6. Roosevelt Taylor Jr. 1117 East 12th Street 1160 & 1164 Navasota 909 East 12th Street 1229-1311 East 11th Street 1159 Curve, 1003 Juniper, 1005 Juniper 1190 San Bernard John McKenzie, attorney for Mr. Smith, appeared before Council and expressed his objection to a roll back as Mr. Smith wants to continue his business ventures. Mayor McClellan explained to him that no property is being rolled back where the owner objects. Ms. Donna Kristaponis referred to the appearance earlier in the day of Ms. Brenda Gooden concerning the Robertson Hill property on East 11th. It is requested that the property be zoned "A" as requested by the Robertson Hill Steering Committee. Council Memo 12 Motion May 27, 1982 The Council, on Councilmember Duncan's motion, Councilmember Urdy's second, voted to zone 1229-1311 East 11th Street "A". (6-0 Vote, Mayor Pro Tem Trevino was out of the room.) Mayor McClellan said she thought a vote should be taken to determine whether or not the property excepted in the roll back will be rolled back at a later date. (1-6 listed on page 11) 1 - Motion No Action Taken Councilmember Mullen made a motion, seconded by Mayor McClellan to roll back the rest of the property. (1-6 listed on page 11) (1-3-0 Vote). YES Councilmember Urdy NO Mayor McClellan, Councilmembers Duncan and Mullen '. PRESENT & NOT VOTING Councilmember Deuser, Mayor Pro Tem Trevino ABSTAIN Councilmember Goodman Mayor McClellan stated for the record, after questions from Mayor Pro Tem Trevino as to the bottom line reason for the motion, that "It's for the record and also to let these people know that this will not be put on the agenda next week or the next. If we don't vote one way or the other tonight, it could be brought back through the Planning Commission at any future time and it would keep them in limbo. I don't think we should do that. If we turn it down tonight then to start the process over there would be full notification, so I think there is every reason for clearing it up one way or the other this evening." Discussion followed and Mayor McClellan requested a legal opinion. Mr. Jim Nias, Assistant City Attorney, stated, "It has been legally rejected by the City Council pursuant to State law. Motion Councilmember Urdy made a motion, seconded by Councilmember Deuser to reconsider. Vote passed 4-3 with Councilmembers Goodman and Duncan and Mayor Pro Tem Trevino voting No. no second. Motion Died for Lack of Second - Councilmember Deuser made a motion to deny the roll back. There was Motion The Council, on Councilmember Goodman's motion, Councilmember Deuser's second, did not roll back property as listed 1-6 on page 11. (0-7 Vote, Councilmembers Duncan, Goodman, Mullen, Urdy, Mayor McClellan, Mayor Pro Tem Trevino and Councilmember Deuser voted NO.) Council Memo C14-82 053 EDITH & MARCUS GRUMBLES, MARGARET J. FERRIS, SOUTH AUSTIN PROPERTIES EARL DURFEY, OLGA & IGNACIO GONZALES By Holford & Carson 13 627 Radam Lane 623 Radam Lane 629 Radam Lane 4201-4205 James Casey and 621 Radam Lane May 27, 1982 From "A" 1st H&A Το "0-1" 1st H&A RECOMMENDED (as amended) "0-1" tied to site plan submitted to upgrading of. Radam, RAREB AS RECOMMENDED (On Mayor Pro Tem Trevino's motion, Mayor McClellan's second, 7-0 Vote) LYNN STORM C14-82 041 By David Armbrust Vote Postponed 911-1109 Ε. Oltorf St. 908-1298 St. Edwards Drive From "A" 1st H&A To "A-2" 1st H&A RECOMMENDED to be tied to site plan; recommend creek crossing be de- leted; recommended cul-de-sacs for areas on each side of creek with fire gate as approved by Fire Department; extend emergency access on east side. CLOSE PUBLIC HEARING, VOTE SCHEDULED FOR JUNE 3, 1982, 3 Ρ.Μ. Ms. Donna Kristaponis, Assistant Director of Planning, reviewed the application by use of slides. She satd 464 units are proposed and 481 are allowed. The School Board opposed but reversed itself and does not want to take a position. David Armbrust, representing the develper, discussed the project. He said not everything has been done in accordance with the neighborhood wishes but they are trying. Bill Danze is the architect. Councilmember Duncan asked if there is adequate parking and Mr. Danze said there is. Mayor Pro Tem Trevino said he thought they are 71 spaces short. Col. Ralph E. Pearson appeared before Council and said if the project is approved, the drainage needs to be improved. He also discussed traffic. Sam Martin, co-president, South River City Citizens, told Council the density is critical and there is danger of flooding. David Bragg sais the neighborhood will suffer permanent damage if the condominiums are allowed to be built. He said the average size is 596 square feet and that is not enough room. Champ Kerr said the impact of traffic would be bad. Mary Navarre said the drainage plans are not appropriate. : ! i Council Memo ZONING - (Continued) 14 May 27, 1982 An unidentified man said there should be one family residences. Ernestine Ray is concerned with flooding and erosion. Gene Cavin said 464 homeowners are too many. The developer will leave and there will be no one to take care of the property. Gene Ray showed an aerial photo map and said town houses would be preferable. Louis Janecek said they agreed to look at A-2. Ruby Goodwin discussed traffic. Danny Criss, Alta Vista, discussed the drainage problem. Jim Bayless, resident of East Riverside opposes. Too much traffic. Kathy Hall opposes because of added traffic. Carroll Brady is concerned with traffic. Beverly Cotton is against and wants to maintain "A" zoning. An unidentified man is against. Mr. Armbrust gave his summation. He said the site plan was revised after a traffic study was done. He said flooding will not be increased and the units will provide affordable income. Councilmember Deuser said he would like to try one more time to establish the tract as a park and wants to see it in the September 11, 1982 bond issue. Councilmember Duncan agreed. (On Councilmember Mullen's motion, Councilmember Duncan's second, 7-0 Vote) ( Council Memo 15 FLOODING IN ALLENDALE DISCUSSED May 27, 1982 Councilmembers Duncan and Mullen introduced an item to Council pertaining to a presentation by the Allandale Neighborhood Association concerning flooding. The following members of the Association spoke: Herb Zinsbier suports something being done about the flooding sitauation. Phil Lowell told Council that so far no action is planned. They want the box culvert bridges removed. Mr. Charles Guerrera said not enough has been done on the creek. Allen Rundell said he has an office downtown on Shoal Creek and the flooding has hurt him very much. John Pennick said the $200,000,000 the City Manager said it will take for flood control is too much but something has to be done. Douglas Barron said there is not enough run-off capacity. Mayor McClellan said the City Manager will have a report next week on what can be done and what has been done. Councilmember Mullen said the growth in the creeks, since stopping the use of herbicides, has been a problem and asked the City to look into the use of non-toxic herbicides. Mel Village said he goes along with everything that has been said. ACTION ON ZONING Council was scheduled to take action on the following zoning: C14-82 ARTHUR THOMPSON 044 6301 Manchaca Road Motion From "0" 1st H&A To "LR" 1st H&A NOT RECOMMENDED (as amended) GRANTED "LR" LARGE ENOUGH FOR 3x6 SIGN, SUBJECT TO SIGN USE ONLY The Council, on Councilmember Mullen's motion, Councilmember Goodman's second, granted "LR" large enough for 3'x6' sign, subject to sign use only. (7-0 Vote) PUBLIC HEARING - VACATION OF SCENIC DRIVE Mayor McClellan opened a public hearing to consider vacating the following and passage of ordinance, at 5:30p.m.: a. Excess right-of-way on Scenic Drive near Mathews Lane adjoining Lots 2,3,4 and 5 of Scenic Cove. (Requested by adjoining property owners) b. Scenic Drive right-of-way adjoining Lots 38 and 39, Tarrytown River Oaks Section 2 and Lots 1, 6 and 7, Scenic Cove. (Requested by Council Memo VACATION - (Continued 16 May 27, 1982 : Mr. John German, Director of Public Works, explained that this is a complicated street vacation. He explained by use of a map and slides. Mr. German told Council the vacation is recommended. Mayor McClellan stated for the record, "I know there is a lot of neighborhood concern regarding the filling of the cove. I just want to clarify that whatever happens on the vacation we are not in any way granting any permission on filling of the cove. That is not an issue this evening." Mr. German stated, "That is not an issue. There has not been any application to that affect. There was some discussion at one point but it is no longer a matter of discussion. It would require a separate application and would have to be reviewed by Engineering, Building Inspection, Parks Board, Planning Commission and City Council before that could ever occur." Mayor McClellan stated she just wanted that read into the record. Leda Roselle, chairperson, Water and Wastewater Commission, stated, "We have recetved a letter from Leonard Ehrler, Director, Parks and Recreation Department, saying that they would like to have the land and dedicate it for a park. We are concerned that since the property was purchased in 1971 for $14,000.00 of Water and Wastewater funds for the purpose of constructing the Taylor Slew Lift Station we clearly show ownership of the property by conducting the lift station. Dedication of the property as public park land could preclude our future use of the property to operate, maintain, make improvements to the collection system. Access to the property has not been restricted and is frequently used by the public. We do not anticipate a change in the situation unless security of the station makes it necessary to protect our facility. The lift station, somehow, was not built entirely on our property and it is possible that we need to move the lift station further up on our property which would take more of the open land. We don't want to be restricted from doing that if we need to." Btil Knolle representing the Tarrytown Boat Club as well as Mr. and Mrs. Rex Shields, discussed the background of the situation. "In 1953 the Westenfield Development Corporation owned 36 acres, some of which extends to the center of Lake Austin, others up on the side of the hill. At that time, Westenfield dedicated two subdivistons Tarrytown and River Oaks Section I and II. That left a portion of the acres. Lots were then sold out of the subdivisions. One of the purchasers was the Tarrytown Boat Club which is comprised of homeowners who own lots in the two subdivistons. They own lot 38 which is immediately north of the segment of Scenic Drive that extends down into the lake." Mr. Knolle explained this segment is the only one his clients are concerned about. He said it was contemplated in the past that a bridge would be built across Taylor's Slew, using as road area that portion of Scenic Drive which they are now seeking to have dedicated. "If the bridge had been completed, the old Scenic Road would have been abandoned and people in the posttton of Mr. and Mrs. Shields would then have lake front property. The bridge was not built. In 1961 the Westenfield Corporation conveyed the balance of the 36 acre tract to President Johnson. In the conveyance the Westenfield Development Corporation expressly provided that the conveyance was subject to the right of persons who had bought lots in Tarrytown-River Oaks Sections I & II and specifically the lot that Mr. and Mrs. Shield had bought to have access to the waters of Taylor's Slew and Lake Austin. It was provided expressly that never were the owners of the lots Council Memo VACATION - (Continued) 17 May 27, 1982 to lose access to the water. In 1972 and 1975 by two different deeds Mr. Johnson conveyed the property to Mr. Ray Thomas. In 1979 and 1980 Mr. Thomas, working in conjunction with the City departments, decided to widen the prior Scenic Road to bring it up to City standards. In the process of doing that he had to build the newly widened street over property that Mr. and Mrs. Shields own and have a deed to. In the process a boat dock that Mr. and Mrs. Shields had since 1953 was destroyed, also a garden site which was land mark in the area and had been known for years as the Rex Shields garden site was destroyed. At that point, July, 1980, the City without regard to Mr. and Mrs. Shield's rights, accepted from Mr. Thomas the dedication of the newly widened street in spite of the fact that part of it was built over Rex Shields property. After that a lawsuit was filed by Mr. and Mrs. Shields against Ray Thomas for what was then the wrongful taking of their property. Up to this point in time the City had not been included in that lawsuit because the City's position on whether or not they had or not accepted the street was still somewhat ambiguous. If we don't get the situation ironed out sometime before July of this year Mr. and Mrs. Shields, if they are going to continue with their lawsuit will have no other choice but to bring the City in, seek compensation for the property which has been taken from them and is now under this public street." Mayor McClellan said, "It is my understanding that if the vacation is granted, then Mr. Shields will release any claim to that land. I just wanted to put that on record." Mr. Knolle said that was correct and went on to say, "After the City had issued a written letter saying it was accepting for Mr. Thomas the dedication of the newly widened Scenic Drive, Mr. Thomas was then able to get a short form subdivision of his Scenic Cove subdivision, part of which lies out in Taylor's Slew as approved by the Planning Commission. A lawsuit was filed against members of the Planning Commission. That lawsuit was subsequently dismissed when the Planning Commission approved that plat. My clients certainly did not want to see a subdivision approved down there. It was done although nobody wanted it to happen. About the same time Dr. Doyle Leslie bought Lot 39 which is immediately south of Old Scenic Drive over which no street was ever built that we are now asking to have dedicated. Dr. Leslie could not build on that lot a residence of the height he wanted to build because of certain restrictive covenants. He then approached his neighbors to seek a modification of the covenants so he could build a house higher than presently allowed. You have five parties in a very complex situation. At that point in time four private parties got together and negotiated a settlement which, quite frankly, is not totally satisfactory to any of the parties, but it was a means of trying to resolve this very difficult situation so that everybody got a little of what he wanted. .... Under this settlement it is conditioned upon the City granting the vacation of the portion of Scenic Drive that you have never used. If that is done then the property would be divided between the adjoining land owners with Ray Thomas not getting any of the property. I want that point to be made clear. Some of the people who oppose this facet of the application think that by the City's holding out and not granting the petition that you are somehow penalizing Ray Thomas and would not be giving him something that he wanted so that you could clear up the lift station situation. That is not the case. Mr. Thomas will get nothing out of the situation of the City's granting this application. He is a party only because he owns adjoining property. There has also been some talk of turning the portion of Scenic Drive, which we are asking to be vacated, into a park. It is the position of my clients that the right of way ... .. Council Memo VACATION - (Continued) 18 May 27, 1982 was dedicated for street purposes and that is the use to which the City can put it and I do not believe that the street right of way without the consent of adjoining landowners who own the underlying land can be turned into a park. I think the law is quite clear on that. I ask you to give due consideration to vacate that portion of Scenic Drive on the north side of the cove because it will settle a very difficult and bad situation." David Nichols, a homeowner on Scenic Drive, said the strip is only 60' wide and not big enough for a park. There is no parking available. Tom Smith, attorney for Dr. Leslie, told Council the concerned parties in the area have a real problem and they need Council's approval of the solution that has been worked out. Allen McCree, 2107 Scenic Drive, executive committee of the West Austin Group, said they do not object to the Scenic Drive right-of-way vacation and they do not want a park. Mayor McClellan asked if Mr. Thomas would grant a conservation easement on lots 5 and 6. Mr. Mike McClellan, representing Mr. Thomas, answered in the negative. Syrian Heath told Council the property had been fenced in and the developer tore it down. The Boat Club will have to re-fence. Joe Carrington discussed the tearing down of the fence by Mr. Thomas. Mary Arnold, member of the Parks Board and an area resident, discussed the area and asked Council to wait on their decision. Bobby Crenshaw, who lives near the area, discussed the problems and said if Scenic Drive is vacated, it would make the Boat Club happy as well as Dr. Leslie. He said if the lift station title could be cleared then that area could be used for a park. Mr.Knolle returned for the summation and reiterated his previous statements. Mr. John German read into the record: "We are recommending the vacation subject to the retention of easments and the easements are specifically listed in your agenda material. There are a number of easements in the Scenic Drive right-ofway here that would be retained as well as this whole area (pointing to map) would be retained as a public utility easement." Mayor McClellan stated, "I realize this has been going on a long time but I really would like a comprehensive clearing up of this matter and I would suggest we not vote on this tonight and post it for action two weeks from today and ask that there be further negotiations because I think we ought to tie the vacations to all the committments we tried to extract and I think it is worth going at one more time....addressing specifically the claim on the lift station, the grant of the conservation easement on lots 5 and 6, and the Lake Austin shoreline, the Shields Council Memo VACATION - (Continued) 19 May 27, 1982 ! 1 which is no problem because they are on record, but I would suggest that we ask our City Attorney to get with the parties involved and see what progress we can make before we vote and schedule it for action June 10th." Motion The Council, on Mayor Pro Tem Treviono's motion, Councilmember Goodman's second, closed the public hearing; to be brought back for action June 10, 1982 at 1:15 p.m. (7-0 Vote) PUBLIC HEARING - MODIFICATIONS TO SOUTHWEST PARK & RIDE Mayor McClellan opened the public hearing scheduled for 6:00p.m. on proposed modifications to major transit routes and schedules and implementation of the Southwest Park and Ride Service. Dr. Benson, Director of Urban Transportation, reviewed the changes. Mr. Tom Parker, general manager of the Transit System, showed slides of the five general areas of changes which includes northeast Austin, east Austin, west Austin and a new route in south Austin which would go down Ben White to Barton Mall. Barbara Hankins, West Austin Neighborhood group, said she likes the change but asked that the Casis-Enfield go counter clockwise. Dr. Benson said the change would be made. Malcolm Graham, representing National Federation for the Blind, said they do use the regular bus system and asked questions about the changes anticipated. He said they would like to have schedules in bratlle and showed the cassettes that the blind must listen to in order to get the schedule. Robert Norman, an investment broker, said he has two cars but takes the bus. He opposes the change to the South 1st route. Dale Scarbrough said there should be a genuine committment to the transit system. Phyllis Brinkley, Allendale resident, wondered if the service would be depleted. Councilmember Duncan told her it is the trend of this Council to increase service. Sarah Haupe, discussed the Red River route and said there should be a route to benefit the Coronado Hills project. Lucille Preble asked that the Casis bus be extended to Rockmoor. Jennifer Riggs does not think a bus should go to Barton Mall. A bus operator who did not identify himself, said the overall concept of change is good with better use of equipment. He suggested some changes. Council Memo HEARING good. (Continued) 20 May 27, 1982 Ari Wright, Austinites for Public Transportation, said the changes are Don McMays, labor management representative of the Austin Transit System, said the numbers and names of the routes need to be changed to be consistent. Ruby Goodwin said the bus is carefree and she leaves her car at home. She represents Travis County Democratic Women. Ms. Goodwin also said that Barton Mall should run its own bus. Palmer Wright spoke against the Barton Square Mall bus. Bob Strong, representing St. Edwards University, discussed students and their support of the Ben White bus. Viola Brown is for the Windsor Park route. Dorothy Richter, resident of Hyde Park, is disturbed about the Barton Mall service. It was pointed out to her that the people who work at Barton Mall need transportation to get to work. Motion The Council, on Mayor Pro Tem Trevino's motion, Councilmember Urdy's second, closed the public hearing on proposed modifications to major transit routes and schedules; action to be taken June 10, 1982. (7-0 Vote) PUBLIC HEARING - BLIGHTED AREA Mayor McClellan opened the public hearing, scheduled for 5:00p.m. to consider designating 316-318 Congress Avenue as an Eligible Blighted Area. Terry Bray, representing the owner of the property, appeared before Council and requested the designation. No one else appeared to be heard. Motion The Council, on Councilmember Goodman's motion, Mayor Pro Tem Trevino's second, closed the public hearing and adopted a resolution designating 316-318 Congress Avenue as an Eligible Blighted Area. PUBLIC HEARING - ANNEXATION Mayor McClellan opened the public hearing scheduled for 7:00p.m. on annexation of a strip of land containing approximately 212 acres along Highway 290 to its intersection with Highway 71 near Oak Hill. Council Memo ANNEXATION - (Continued) 21 May 27, 1982 Donna Kristaponis, Assistant Director of Planning, reviewed the annexation. Rodger White, Acting Director of Water and Wastewater, discussed water and wastewater and said Austin will maintain the current level of service to the area. Ms. Leda Roselle, chairperson, Water and Wastewater Commission, said 5,000 LUE's can be provided for if Williamson Creek is approved. Dick Kelly, who lives in Travis Country, said his request for a MUD in 1975 was denied because annexation was forthcoming. He asked Council to wait 48 months and annex them after a successful City of Austin bond election. Discussion followed in which Mayor McClellan said future Council's cannot be bound by agreements of the present Council. John Noel said the City of Austin would not be able to provide Oak Hill area with utility service. Steve Thomson discussed the Oak Hill Fire Department. Jerry Angerman discussed water in the area and said the service, at its present level, would not take alleviate septic tanks. Tom O'Meara, representing several groups in the Oak Hill area, spoke against annexation. David Armbrust, speaking for Motorola, said they will request annexation with the completion of each phase. Allen Rundell said all property should not be annexed as "A". His property is already commercial. Palmer Wright said there are a lot of questions to be answered. Motion The Council, on Mayor Pro Tem Trevino's motion, Mayor McClellan's second, closed the public hearing. (Staff will continue to study, but there will be no strip annexation at this time.) (7-0 Vote) WATER & WASTEWATER COMMISSION REPORT The following Water and Wastewater Commission items were discussed: (a) Watersmark/Midrise Approach Main (b) Agreement regarding the construction of improvements to City of Austin's Montopolis Lift Station. (c) Agreement regarding the construction of an inverted wastewater stphon under the Colorado River in the City of Austin. (d) Water and Wastewater Commission's recommendations regarding South Austin Service Area for wastewater service. Item (d) will be brought back for discussion on the June 3, 1982 agenda, and the following motion for a resolution was made: Motion The Council, on Councilmember Urdy's motion, Councilmember Deuser's second, adopted the following resolution: (6-0 Vote, Mayor Pro Tem Trevino was out of the room.) ; Council Memo REPORT (Continued) - 22 (Councilmember Urdy's Motion) May 27, 1982 Move approval of Watersmark (Midrise Condominiums) approach main and move approval of the contract agreements. The Watersmark (Midrise Condominiums) to get 200 living unit equivalents, and to construct 750 feet of 8-inch line to tie into an existing 8-inch line just north of Riverside Drive with no City cost participation. Also for Watersmark (Midrise Condominiums) to construct at the Montopolis Lift Station a 10,000 to 12,000 gallon per minute pump (at the City's option), a 24-inch force main and associated piping and controls, and a 36-inch inverted siphon from the south bank of the Colorado River to the existing Govalle Wastewater Treatment Plant influent splitter box. The items in the preceding sentence to be constructed in accordance with the contract agreements attached which the City Manager is hereby authorized and directed to be executed. The Montopolis Lift Station improvements to be approved to yield a maximum of 9,000 LUES (2,700,000 MGD) available to the participants in the above contracts. The Govalle Inverted Siphon to be approved to yield a maximum of 9,000 LUES (2,700,000 MGD) available to the participants in the above contracts. The service area for the approach main shall be the Watersmark (Midrise Condominiums) project. The staff is directed to bring back at the appropriate time the necessary ordinances to levy the subsequent user fees contemplated in the attached contract agreements. ITEM POSTPONED Councilmember Duncan postponed until June 3, 1982, his discussion on Alternative On-Site Wastewater Disposal Strategies. SERVICE POLICY CONCERNING WASTEWATER TO BE REVIEWED Mayor McClellan, with Council's approval, directed the City Manager to direct the staff to review city policy concerning wastewater service in the Little Walnut Creek Watershed and review of water and wastewater service in Water Service Area A & B and wastewater service in the Big Walnut Creek Watershed, including analysis and appropriate review by Water and Wastewater and Planning Commissions in the next 30 days. ITEM POSTPONED Mayor McClellan postponed until June 3, 1982 her discussion of assisting with coalition to "mobilize rather than polarize" on growth related issues. ! Council Memo 23 CIP AMENDMENT May 27, 1982 The Council, on Councilmember Duncan's motion, Mayor McClellan's second, waived the requirement for three readings and finally passed an ordinance amending the 1981-82 Capital Improvements Program Program by appropriating $1,972,000 for June to cover expected electric utility requirements for June 1982. (5-0 Vote, Mayor Pro Tem Trevino and Councilmember Goodman out of the room.) ITEMS POSTPONED Council postponed until June 3, 1982 the following items: a. Appropriate funds from the Water and Wastewater Utility Fund ending balance for (1) Flow Monitoring Equipment - $79,691; (2) UCSO Billing System Changes - $184,024; $184 and (3) Water and Wastewater Commission Administrative Support - $6,462.00. b. Transfering $2,937,769 from the Water and Wastewater Utility Fund Ending Balance to the 1980-81 and 1981-82 Capital Improvements Program am Budget and appropriating it for Su for Subdivision Engineering and Construction Inspection. C.I.P. No's 82/22-01 and 82/23-01 c. Appropriating funds from the Water and Wastewater Utility Fund ending balance for (1) Flow Monitoring Equipment-$79,691 (2) UCSO Billing System Changes-$184,024 (3) Water and Wastewater Commission Administrative Support$6,462.00 (4) Williamson Creek Wastewater Treatment Plant Alternatives-$5,439,950 as recommended by the Water and Wastewater Commission in Item K-1.(d). d. Transferring $1,437,769 from the Water and Wastewater Utility Ending Balance to the 1980-81 and 1981-82 Capital Improvements Program Budget and appropriating it for Subdivision Engineering and Construction Inspection. Nos. 82/22-01 & 82/23-01 (Recommended by the Water and C.I.P. Wastewater Commission in Item K-1.(d) EXECUTIVE SESSION Mayor McClellan announced Council will go into Executive Session pursuant to Article 6252-17, V.T.C.S. Texas Open Meeting Act to discuss the following matters: (1) Contemplated litigation relating to the unavailability of water and/or wastewater services - Section 2 (e); (e (2) (2) South Texas Project - Pending litigation and real estate Section 2 (e) and (g); (3) Proposal 7, pending litigation, Section 2(e). The Mayor did not announce they would discuss City of Austin v. Emil Jamail - pending litigation - Section 2(e) as posted on the Agenda, but that it would be discussed June 3, 1982 RECESS AND ADJOURNMENT Council recessed its meeting at 11:45 p.m. for an executive session and adjourned its meeting at 12:00 midnight. ATTACHMENT "A" SCOPES OF WORK 8TH YEAR CDBG PROGRAM 24 COMMENTS Architectural Barrier Removal Accept Human Service Department's Recommendations Emergency Repair Project Accept Human Services Department's Recommendations Tenants Counseling Accept Human Services Department's Recommendations Mortgage Assistance Conservation and Renewal of East Austin Housing and Neighborhood Accept Human Services Department's Recommendations with CDC's Recommendation: "Boundaries expanded throughout the CDBG eligible areas with priority given to the Blackshear and Renewal Areas. Accept. Human Services Department's Recommendations with ATTACHMENT I. Management and Technical Assistance for Business Development in Austin's Commerical Corridors Accept Human Services Department's Recommendations with CDC's Recommendation: "That technical assistance be available to eligible entrepreneurs throughout the CDBG eligible areas" with ATTACHMENT Tand AGENDA ITEM J-4 (admendment to CDBG Ordinance) 1. ATTACHMENT I servation & Renewal of East Austin's Housing and Neighborhood I. Background Information A fourth element in neighborhood conservation and renewal is the effect and the interrelationship of the private business sector during the conceptualization and implementation stages of housing strategies and programs. For a comprehensive housing plan, housing and business needs must be considered in tandem. II. Program Description C-3. 5. 'che effects and interrelationships of the private business sector on housing based on data generated by AMEDC. ATTACHMENT II Management & Technical Assistanc for Business Development in Austin's Commeriacl Corridors East 11/Rosewood & 12th Street I. BACKGROUND INFORMATION: The Citizen Participation Process for the 8th Year Community Development Block Grant (CDBG) Program established the need for technical assistance and training programs to be provided to businesses and youth along designated Commerical Corridors: East Eleventh/Rosewood and East Twelfth Streets, and adjacent neighborhoods. II. PROGRAM DESCRIPTION B. 6) Provide a plan for the implementation of an educational program designed to provide training to thirty (30) low and moderate income youths living in the CDBG eligible areas with the distinct purpose of preparing these youths to became entrepreneurs.