: : ! Y OF AU FOUNDED 1839 Austin City Council MINUTES For June 10, 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 at 1:00 P.M., noting the absence of Councilmembers Mullen, Goodman, Deuser and Urdy, who arrived at 1:04, 1:08, 1:20 and 1:25 respectively. INVOCATION The Invocation was given by Dr. Dean K. Thompson, First Southern Presbyterian Church. MINUTES APPROVED The Council, on Councilmember Duncan's motion, Mayor McClellan's second, approved the Minutes for April 22 and 29, 1982. (4-0 Vote, Counctimembers Urdy, Goodman and Deuser absent) CONSENT RESOLUTIONS The Council, on Councilmember Mullen's motion, Mayor Pro Tem second, adopted Trevino's second, adopted the following resolutions in one consent motion: (5-0 Vote, Councilmembers Deuser and Urdy absent) Rebekah Bains Johnson Health Center Authorized dedication of street right-of-way and dedication of parkland at the Rebekah Baines Johnson Health Center. ! : ! Council Memo 2 Release of Easements Authorized release of the following Easements: June 10, 1982 a. A portion of a 60' drainage and public utility easement and a 16' drainage and public utility easement recorded in Volume 4625, Page 1608 of the Travis County Deed Records, and located on Lot 2-A of the Resubdivision of Austin Doctors Addition. (Requested by Pittman Engineering Company) b. A 25' sanitary sewer easement as recorded in Volume 6593, Page 332 of the Travis County Deed Records and located at Loop 360 and Scottish Woods Trail. (Requested by J. Leroy Bush, representing Mr. Robert Johnson, Owner). Contracts Approved Approved the following contracts: AUSTIN ENGINEERING COMPANY P. 0. Box 3255 Austin, Texas a. b. AMERICAN HIGHWAY SIGN CORPORATION 45 Baldwin Street East Long Meadow, Massachusetts c. RENCO SUPPLY, INC. 900 Old Koenig Lane, Suite 139 Austin, Texas d. SUNTEX DATA SYSTEMS 8401 Westheimer #110 Houston, Texas e. CEN TEL BUSINESS SYSTEM 5501 North Lamar Suite A-101 Austin, Texas - - - - CAPITAL IMPROVEMENTS PROGRAM Willow Creek Drive Drainage Improvements, Public Works Department - $58,042.00 C.I.P. No. 82/60-01 CAPITAL IMPROVEMENTS PROGRAM - Sign Blanks and Reflective Sign Decals, Urban Transportation Department Item Nos 1 2b - - $6,076.00 C.I.P. Nos. 73/90-04 & 81/90-04 Traffic Markers and Buttons, Urban Transportation Department Item Nos. 1, 2 a & b - $5,833.00 Magnetic Tapes, Information Systems Department Item 1 $8,250.00 Telecommunications System, Aviation Department Thirteen (13) month $57,203.00 - : Council Memo 3 Transmission Services June 10, 1982 Approved a contract with Houston Lighting & Power to compensate the City of Austin for transmission services. Lignite Properties Adopted a Memorandum of Intent with Central Power & Light, Lower Colorado River Authority and City Public Services Board of San Antonio to establish a Committee for managing jointly purchased lignite properties. Temporary Street Closing Approved temporarily closing Congress Avenue from 6th Street to 8th Street Sunday, July 11, 1982 from 8:00 a.m. until midnight, as requested by Universal Studios for the world premiere showing of The Best Little Whorehouse in Texas. Lease Agreement Approved a Consent and Release Agreement relating to the assignment from BWC Associates to Congress Associates of a Lease Agreement and Parking Lease Agreement relating to First City Centre. Grant Applications Authorized submission of a grant application to the Texas Commission on Alcholism for the development of a City Employee Assistance Program in the amount of $50,000.00. Authorized submission of a grant application in the amount of $26,354 from the U.S. Department of Housing and Urban Development for the purpose of processing housing discrimination complaints and conduct training on procedures pursuant to Title VIII of the Civil Rights Act of 1968 and the City of Austin Ordinance No. 770825-F, as amended for a period of one year. Zoning Hearing Time Change Approved changing public hearings for zoning from last Thursday of the month to the first Thursday of the month, beginning August 5, 1982. Public Hearings Set Set public hearings on the following: Council Memo HEARINGS SET - (Continued) 4 June 10, 1982 ! ! a. Amend Chapter 13-2 (Zoning Ordinance) to allow townhouses to be approved in groups with a minimum of two attached rather than a minimum of four attached units: July 8 at 5:30 p.m. b. Amend Chapter 13-2 (Zoning Ordinance) related to handicapped parking spaces: July 8 at 5:00 p.m. CONSENT ORDINANCES The Council, on Councilmember Deuser'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 Urdy absent) Electric Utility Fund Transferred $133,100 out of the Electric Utility Fund's ending balance for: (1) a consultant to review Electric Utility's Long Range Generation Plan; (2) Comprehensive Community Education Program, which amends the Electric Operating Budget. Councilmember Duncan commented that the money will come from the Electric Department Operating Fund and not the General Fund. Paving Assessments C.I.P. Set a public hearing for July 22, 1982 at 2:30p.m. in connection with paying assessments to be levied on the following under Capital Improvements Program: a. Friendswood Drive and Vernon Avenue, covering approximatelly 2½ blocks. C.I.P. No. 75/62-01 b. Barge Street, consisting of one unit covering approximately 1 block. C.I.P. No. 75/62-01 Speed Zones Amended the Austin City Code to modify the following Speed Zones: SECTION 11-2-100(c) 45 mph: Delete: Manchaca Road from William Cannon Drive to South City Limits (365 feet south of Shiloh Drive) し Add: Manchaca Road from William Cannon Drive Matthews Lane SECTION 11-2-100(d) 50 mph: Add: Manchaca Road from Matthews Lane to South City Limits (365 feet south of Shiloh Drive) ! 1 : Council Memo 5 Zoning Ordinances June 10, 1982 Amended Chapter 13-2 of the Austin City Code (Zoning Ordinance) to cover the following changes: a. NEWELL RECYCLING COMPANY, INC. By Timothy F. Johnson C14-70-001 (part) 710 Industrial From Interim "A" 1st H&A to "D" 1st H&A b. JACOB LAMOUR BLOCK By City of Austin C14h-82-001 906, 908, 916 & 918 Congress From "C-2" 4th H&A to "C-2-H" 4th H&A : c. ALLAN JR. HIGH/AUSTIN HIGH SCHOOL By City of Austin C14h-82-009 700 Block West 12th From Undesignated to Undesignated-Historic SECOND READING of an ordinance amending Chapter 13-2 of the Austin City Code (Zoning Ordinance) to cover the following changes: CITY OF AUSTIN PLANNING DEPARTMENT C14-81-112 800-906 West 29th St. 610-624 & 611-625 พ. 29 1/2 St., 614-908 พ. 611-913 West 30th St., 800-904 & 801-905 พ. 30 1/2, 614-904 & 615- 905 W. 31st St., 612- 626 & 615-629 W. 31 1/2 St., 612-902 & 613-905 W. 32nd Street, 612-618 & 613-627 W. 33rd Street 627-641 W. 34th Street 2910-2922 & 2909-2923 Rio Grande Street,. 2908-2922 & 2911-2923 Salado Street, 3100-3300 & 3101-3309 King Street, 3000-3014 & 3001-3015 Washington Square, 2900- 3204 & 2907-3207 West Avenue, 2900-2918 & 2901-2919 Pearl Street 3100-3304 & 3101-3201 Grandview Street, 3101- 3117 Owen Avenue From "A", "BB", "BB-H", "8", "0" & "C", 1st 2nd H&A to "A", "A-H" "BB", "B", "О" 1st & 2nd H&A Third reading scheduled for June 17, 1982 at 2:00 P.M. Council Memo 6 Water & Wastewater Commission June 10, 1982 Approved establishing residency requirements for the Water and Wastewater Commission so that one member could be a non-city resident who lives within the water and wastewater service area and all other members would be City residents. Member shall also be a water and wastewater customer. EMS Quality Assurance Team Amended the EMS Quality Assurance Team Ordinance relating to the consumer membership on such board. New Telephone System Appropriated $51,158.00 from the Airport Fund balance to supplement the purchase of a new telephone system. RECESS Council recessed its meeting at 1:26 p.m. and resumed its recessed meeting a 1:55 p.m. The Industrial. Board held a meeting during the recess. VACATION OF RIGHT OF WAY Council was scheduled to take action at 1:15 p.m. on the vacation of the following and passage of ordinances: 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. Scentc Drive right-of-way adjoining Lots 38 and 39, Tarrytown River Oaks Section 2 and Lots 1, 6 and 7, Scenic Cove. Mayor McClellan asked Mr. Jim Nias to update Council on where there is agreement between the City and the neighborhood. Mr. Nias stated, "As you know we have been trying to negotiate an easement between Taylor's Slough and Scentc Drive with. Mr. Ray Thomas. We have arrived at these points which I would like the Council to consider. We are talking about a public access easement on parts of lots 4, 5 and 6 of the Scenic Cove Subdivison between Taylor Slough and Scenic Drive and north of the bridge on Scenic Drive. In this area no fences would be permitted, no impervious cover permitted and no other type of development or construction except the owner of efther lot 21 or 22 in Tarrytown River Oaks which is across the street from the area, one of those owners would have the right to seek permits from the City of Austin to erect one boat dock at the most northerly extreme of the area the City would allow Council Memo VACATION - (Continued) 7 June 10, 1982 consistent with the City Code, have a flat roof and be restricted to a maximum height of 505' above sea level. I went out there with Mr. Thomas and his attorney and engineer and found the lot lines. That one boat dock will not obstruct the view from that area. The public would have the right of pedestrian access from this area to the lake and the public would be granted the right to fish from the area except in case a boat dock was built at the far northerly extreme there would be no fishing within 10' of the boat dock and public boat launching would be prohibited. Those are the points we were able to agree on. If Council sees fit to grant the vacations I recommend waiting one week to pass the ordinance and let Mr. Jones and I write the agreement down and have you look at it before next week." Motion The Council, on Mayor Pro Tem Trevino's motion, Councilmember Deuser's second, approved vacating excess right-of-way on Scenic Drive near Mathews.Lane adjoining Lots 2, 3, 4, and 5 of Scenic Cove and Scenic Drive right-of-way adjoining Lots 38 and 39, Tarrytown River Oaks Section 2 and Lots 1, 6 and 7, Scenic Cove. (7-0 Vote) This will be brought back next week in ordinance form. DISCUSSION OF WESTVIEW DEVELOPMENT Councilmembers Goodman, Urdy and Mullen discussed possible action on Westview Development Corporation's environmental impact to Lake Austin and its tributaries. Councilmember Goodman said no action has yet been taken by the Westview Development Corporation to clear out the mess they have made in Windy Cove with their construction of a golf course. Councilmember Goodman pointed out an ordinance has been passed and residents feel the requirements have not been met. He said this problem needs to be resolved. Mr. John Henry Faulk, a resident of Windy Cove, reviewed the condition of Windy Cove after Westview built a golf course. The silt from the course has filled the cove. During the spring rain of May 13, 1982, dirt from the Westview golf course washed into the cove by truckloads. Mr. Faulk said Westview should be responsible for removing the soil. The cost of doing this has not been ascertained but Mr. Faulk feels that since the Westview people filled in the cove they should be responsible to restore it to what it once was. Councilmember Goodman pointed out that according to Council action, Westview is responsible for no less than $25,000 for cleaning out the cove. Jerry Goff, representing Westview, asked who in the City he should talk to regarding dredging of the cove. Councilmember Goodman told him to communicate with Mr. John German, Assistant City Manager. Mr. German will supervise erosion control measures and clean up procedures. A report is to be sent to the City Manager in 30 days. Council Memo 8 June 10, 1982 case: C14-82 ZONING ACTION POSTPONED Council was scheduled to take action at 2:00p.m. on the following zoning EDWARD JOSEPH 005 DEVELOPMENTS, INC. By Hoyle M. Osborne Rear of 8500 Cameron Road From "I-A", "I-AA" 1st H&A To "D" & "DL" 1st H&A NOT RECOMMENDED RECOMMENDED "A" 1st H&A on Tract 1. POSTPONE 90 DAYS - SEPTEMBER 9, 1982 Ed Wendler asked for additional time in order to deal with all of the land and not just one piece. He was appearing as a representative of the Edward Joseph Developments, Inc. Gary Witt told Council the applicant has no site plan and the neighborhood feels they should know what is going in there. They ask for rejection of "D" zoning. Motion Made and Withdrawn Councilmember Deuser made and withdrew a motion, seconded by Mayor McClellan and second withdrawn, to postpone decision for 90 days. Roger Joseph appeared before Council to state the request is for 30 acres only. Councilmember Goodman said he thinks the best solution is to zone permanent "AA" and then proceed. Discussion followed. (On Councilmember Deuser's motion, Councilmember Mullen's second, 7-0 Vote to grant a 90 day delay.) MONTHLY FINANCIAL REPORT Mr. Jorge Carrasco, Assistant City Manager, reviewed the financial report which is ON FILE IN THE CITY CLERK'S OFFICE. Mr. Scheps, Director of Finance, referred Council to the Executive Summary of the report. Mr. Carrasco discussed the risk managment program study concerning insurance. See Attachment "A" for Executive Summary. Council Memo 9 ATTACHMENT "A" EXECUTIVE SUMMARY June 10, 1982 GENERAL FUND Undesignated Fund Balance is lower than anticipated, and is projected to be $2.4 million in the April monthly monitor which assumed all budgeted transfers would be made. The City Manager has implemented plans to restore the ending balance to $6 million by year-end. CAPITAL PROJECTS FUND Fund balance is $1,673,000. Bidding on a $23,000,000 General Obligation Bond Sale took place on June 3 with delivery scheduled for June 30. The $2,000,000 Certificates of Obligation for flood work were delivered on June 3. HOSPITAL FUND AIRPORT FUND TRANSIT FUND AUDITORIUM FUND VES FUND BUILDING ΜΑΙΝΤΕΝΑNCE FUND CENTRAL STORES FUND UTILITY FUNDS IT Seven months operations resulted in a net loss of $1,324,000, which does not include the budgeted transfer to the General Fund. The Hospital situation is under active review in order to ensure that the Hospital financial posture is improved. Financial Condition continues to be healthy, although the Braniff bankruptcy has resulted in the loss of 2 gates and operating revenue of approximately $20,000 per month. In addition, the City has a questionable receivable from Braniff in the amount of $116,000. Current year grant application for $1,794,000 has been submitted but not yet approved. General Fund is responsible for any operating deficits. Budgeted 81-82 transfer from General Fund is $2,886,000, and is expected to be adequate. Financial condition is generally healthly. Hotel occupancy tax collections are on schedule. Seven month operations resulted in a net loss of $640,000. Study is underway to review, the status of the Vehicle Replacement Fund. Expenditures of $550,000 represent 79.7% of the annual budget and exceeds the allotment to-date by 21.4%. It does not appear that this fund will break-even unless steps are taken to increase revenues or reduce expenditures. Billings to Departments cost of materials issued resulted in a gross of $576,000 to cover operations. Actual revenues are 40.5% of the annual budget and expenditures are 41.8% of the annual budget. Twelve months ending 3-31-82 presented. Significant effort underway by City staff and consultants to respond to PUC with rate package. Request for proposal has been prepared for two year grant audit for period ending 9-1-82. RFP for City-wide audit for three years beginning with FY 82-83 (with a two year extension option) is in preparation and should be mailed by July 1. Council Memo 10 June 10, 1982 EXECUTIVE SESSION Mayor McClellan announced the City Council will go into Executive Session pursuant to Article 6252-17, V.T.C.S., The Texas Open Meetings Act, to discuss STP - pending litigation and real estate matters - Section 2, Paragraphs e and f. RECESS Council recessed its meeting at 2:35 p.m. for the Executive Session and resumed its recessed meeting at 3:25 p.m. CONSULTANT FOR STP The Council, on Councilmember Duncan's motion, Mayor Pro Tem Trevino's second, approved the hiring of Southern Engineering as a consultant for the STP. (7-0 Vote) : APPEAL CONCERNING RUBBISH Mayor McClellan opened the public hearing scheduled for 3:00p.m. on an appeal from Ms. Harriet Samon Owen from the Health Department citation notifying. her to cut weeds and remove rubbish on property located at 1191 Airport Boulevard. After slides were shown by a member of City Staff, Ms. Owen appeared before Council to state she purchased the property 5 years ago. It adjoins her office and she has spent $1,250 to remove debrts and fill in. She is the only property owner in the area to cut and clean their property. She said the reason for being cited by the Health Department stems from her neighbor who places tires on her property every day which need to be removed. Her question is whether she is responsible for cutting 100% of her lot. Part of it goes up a hill and the neighbor has complained about that. Councilmember Duncan told her everything over 18" hìgh must be cut. Mr. Meiszer, City Manager, said he believes reasonableness should be applied and every case should be studied, e.g. the side of the hill. Mayor McClellan asked the City Manager to study and schedule the appeal on a later agenda if it needs to come back to Council. WATER APPROACH MAIN The Council, on Councilmember Mullen's motion, Mayor McClellan's second, adopted a resolution approving the following water approach main: (6-1 Vote, Councilmember Duncan voted No.) 1. NIEMAN, HANKS & PURYEAR - Water Approach Main to serve Los Indios Subdivision. Estimated cost $396,543.00 (No City cost participation) Council Memo - - 13 ITEMS POSTPONED June 10, 1982 Council pullednfromnthe agenda consideration of the following: An ordinance establishing 9:00 a.m. as the starting time of regular Council meetings. Council postponed until June 17, 1982 consideration of the following: Action on proposed modifications to major transit routes and schedules and implementation of the Southwest Park and Ride Service. BOARD & COMMISSION APPOINTMENTS Mayor McClellan announced the following board and commission appointments are due to be made on June 18, 1982: Building Standards Commission - 1 to expire 6/1/83; 1 to expire 6/1/84 Community Development Commission - 1 Austin Community Education Consortium Dental Health Advisory Committee - 1 to replace Urban League - 1 Elisabet Ney Museum Board of Directors - 2 EMS Quality Assurance Team - 1 Austin Tomorrow On-Going Committee - 1 regular and 4 alternates Manpower Advisory Planning Council - 1 Commission on the Status of Women 2 to be effective June 30, 1982. - Urban Transportation Commission - 1 Vending Commission - 2 Wrecker Standards Commission - 1 Water and Wastewater Commission - 2 Downtown Revitalization Commission - 1 ADJOURNMENT Council adjourned its meeting at 5:30p.m.