TY OF POUNDED 1839 Austin City Council MINUTES For July 08, 1982 -- 1:00 Ρ.Μ. 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 Council Chambers, 301 West Second Street, Austin, Texas Memorandum To: Mayor McClellan called to order the meeting of the Council scheduled for 1:00 p.m. at 1:10 p.m., noting the absence of Councilmember Deuser, who arrived at 1:11 p.m.; Mayor Pro Tem Trevino and Councilmember Urdy, who arrived at 1:20 p.m. INVOCATION The Invocation was given by Reverend Kent Berry, University Hills Baptist Church. CONSENT RESOLUTIONS The Council, on Councilmember Duncan's motion, Councilmember Deuser's second, adopted the following resolutions in one consent motion: (5-0 Vote, Councilmember Urdy, Mayor Pro Tem Trevino absent.) Change Order Approved a Change Order in the amount of $12,280.25 to P.A. Stark Construction Inc. for paving and drainage improvements to Emerald Forest Drive. CAPITAL IMPROVEMENTS PROGRAM NO. 78/62-05. (Increases original contract by 8.08%) FAA Grant Application Approved an amendment of F.A.A. grant application for F.A.A. funding participation on 1982-Interim Airside Improvements Projects application at Robert Mueller Municipal Airport. CAPITAL IMPROVEMENTS PROGRAM Nos. 78/81-08 & 81/81-05. Council Memo 2 CONTRACTS APPROVED Approved the following contracts: a. STAR FIELD CONSTRUCTORS, INC. P. 0. Box 649 Austin, Texas b. H. L. CHAPMAN PIPELINE CONSTRUCTION, INC. Round Rock, Texas July 8, 1982 CAPITAL IMPROVEMENTS PROGRAM - Construction of Fire Academy, Addition, Public Works Department - $576,400.00 C.I.P. No. 80/31-01 - CAPITAL IMPROVEMENTS PROGRAM - City of Austin's share for Installation of Underground c. DALMARK, INC. 4415 Brandt Lane Austin, Texas d. S & L SEAGRAVE SALES, INC. 2815-8 East 5th Street Austin, Texas e. SOUTHWESTERN CAMERA COMPANY 1416 Main Street Houston, Texas f. FEDERAL PACIFIC ELECTRIC COMPANY c/o R. D. Erb Company, Inc. 111 West Laurel San Antonio, Texas g. EASY DRIVE STAKE, INC. 906 Ruiz Street San Antonio, Texas h. AUSTIN PIPE AND SUPPLY COMPANY ..908 East 14th Street Austin, Texas - - - - - Electric Telephone and Cable T.V. Distribution Facilities for Mt. Bonnell Shores, Section 2, Electric Utility Department - $27,980.00 CAPITAL IMPROVEMENTS PROGRAM - Construction of Electric Ductline for Ninth Street, Electric Utility Department - $111,127.50 C.I.P. No. 85/15-02 CAPITAL IMPROVEMENTS PROGRAM - Pumper Trucks for the Fire Department. Item 1, 3 ea. at $123,120.00 Total $369,360.00 C.I.P. No. 76/83-03 CAPITAL IMPROVEMENTS PROGRAM - Photographic Control System for Police Department. Item 1, 1 ea. - $5,995.00 C.I.P. No. 79/87-02 Repair/upgrade of a tap changer, Electric Utility Department Item 1, 1 ea. $7,258.00 Survey Stakes and Lathes for surveying applications, Central Stores Division Twelve (12) Month Supply Agreement Items 1 thru 5 - $6,680.00 Manhole Covers and Related Items, Central Stores Division Three (3) Month Supply Agreement Items 1-5 Estimated total: $5,230.00 Council Memo CONTRACTS (Continued) 3 1. CHEMICAL AND TURF SPECIALTY COMPANY P. 0. Box 38202 Dallas, Texas : J. CAPITAL CITY LEASING, INC. 313 E. Anderson Lane, Suite 325 Austin, Texas Public Hearing: Set July 8, 1982 - Bulk Fertilizer for Parks and Recreation Department Eight (8) Month Supply Agreement Estimated total: $28,319.00 - Medical and Office Equipment for Brackenridge Hospital, 60 Month Lease Purchase $1,747,800.00 Set a public hearing to amend Chapter 13-2 (Zoning Ordinance) of the Austin City Code to include land within 200 feet of rights-of-way for interchanges and crossroads serving designated principal roadways with the purview of Principal Roadway Area Regulations for August 5, August 5, 1982 at 5:30 p.m. AISD MH-MR BOARD APPOINTMENT Affirmed the AISD appointment of James Lockhart to the MH-MR Board. Public Hearing Set - General Revenue Sharing Funds Set a public hearing for July 22, 1982 at 2:00p.m. on the proposed use of General Revenue Sharing funds. Shoal Creek Flood Control Approved entering into a contractual agreement, Shoal Creek Flood Control Project Downtown Area, CAPITAL IMPROVEMENTS PROGRAM No. 82/60-05: Two tracts of land out of Outlot 11, Division "Z". (Pete Vescovo and J. Macken et al) Council Memo 4 July 8, 1982 / CONSENT ORDINANCES The Council, on Councilmember Deuser's motion, Councilmember Duncan's second, waived the requirement for three readings and finally passed the following ordinances in one consent motion: (7-0 Vote) Health Department Fees Approved establishing the following Health Department fees: a. $5.00 User's Fee for persons attending the Sexually Transmitted Disease (STD) clinic. b. $8.00 fee for an animal license on pets that have not been spayed or neutered. c. $3.00 fee for animal license on pets that have been spayed or neutered. Items to Be Brought Back Consideration of the following fees will be on July 15, 1982: - - $100.00 fee for full mouth dentures provided to M.A.P. clients. $75.00 fee for partial dentures provided to M.A.P. clients. Historic Landmark Properties Approved amending Ordinance No. 800925-Q, providing approval for partial exemption from ad valorem taxes for certain historic landmark properties for fiscal year 1981-82, Height of Downtown Structures Approved watving balance of 90 day review period requtred by Ordinance 811204-B regarding structures exceeding 60 feet in height in the downtown area. Austin Cable Budget Amendment Approved amending the Austin Cable Budget a. Appropriating $93,069.00 from Public Access Montes for Access Management and approving a contract with ACTV for Access Management. b. Appropriating $36,250.00 from the television equipment fund for Public Access Equipment Upgrade and appropriating $5,826.00 from the Television Equipment Fund for additional editing equipment to be used for public access, 11 Council Memo 4a July 8, 1982 Councilmember Mullen noted all the City Manager's recommendations are included in this motion. They are: II. Manager's Recommendation: Even though City Council has requested the Cable Commission to forward a comprehensive budget concerning access monies, it is necessary to allocate monies for ACTV to insure continuation of interim access management. Therefore, I recommend approval of this item with the understanding it is an emergency item and that the contract with ACTV details their duties and responsibilities. It should also be understood that any revenues received by ACTV over budgeted revenues will result in a corresponding reduction in the amount of the contract. Likewise, any expenditures in excess of those budgeted or revenue shortfalls will have to be absorbed by ACTV. Any equipment purchased with these funds shall be City of Austin property and so tagged. I also recommend the $36,250 equipment upgrade out of the equipment fund be approved. I also recommend the additional monies out of the equipment fund amounting to $5,826 be allocated to complete the editing system. ) Council Memo 5 Temporary Moratoriums July 8, 1982 Approved establishing temporary moratoriums on the following: a. The issuance of certain building permits within the Battle Bend Neighborhood Study Area. Zoning Case No. C14-80-020 b. The issuance of certain building permits within the Stassney Lane Neighborhood Study Area. (Zoning Case No. C14-82-058) c. The issuance of certain building permits within the Fairview Park Neighborhood Study Area. (Zoning Case No. C14-81-219) d. The issuance of certain Building Permits within the Robertson-Hill Neighborhood Study Area. (Zoning Case No. C14-82-040) Cable Television Franchise Passed through SECOND READING of an ordinance amending Cable Television Franchise to reflect changes in the channel lineup and the wording used by the cable company on its monthly statement. Wrecker Ordinance Approved amending Section 8-7-262, 1981 Code of the City of Austin, relating to the scope of Article V of Chapter 8-7, Wrecker Ordinance: It has been brought to our attention that, as it now reads, a portion of the City's "wrecker ordinance" (Article V of Chapter 8-7, Code of 1981) is incorrectly worded; the same needs to be corrected. Section 8-7-262 of the Code defines the scope of Article V; an appropriate amendment would be as follows: "This article applies onły to all wrecker movements both-originating and-terminating within the city or-within-a-five-hundred-1500)-foot-distance of-the-city-limits-of-the-city." Zoning Ordinances Amended Chapter 13-2 if tge Austin City Code (Zoning Ordinance) to cover the following changes: a. JIM RAY, TRUSTEE By Eugene 0. Jarmon C14-81-158 6509-6701 Bradsher 320 William Cannon From Interim "A" 1st H&A to "0-1" 1st H&A Council Memo ZONING ORDINANCES - (Continued) b. WESTLAKE CROSSROADS, INC. By Joe Lucas C14r-81-139 6 4211, 4301 Westlake High Drive, 1304 Camp Craft Road July 8, 1982 From Interim "AA" 1st H&A to "0-1" 1st H&A c. NORTH AUSTIN STATE BANK C14-80-027 7600 Burnet Road also bounded by Northcross Drive From "GR" 1st & 3rd H&A to "GR" 3rd H&A d. RANDALL H. RILEY C14-81-174 2504-2506 North Bluff From Interim "A" 1st Drive to "C" 1st H&A e. JULIA VALLARINO By John Cosgrove C14-81-126 1207 W. 49th Street (Passed as an Emergency) SWIMMING POOL SCHEDULE From "A" 1st H&A to "B" 1st H&A Mayor McClellan satd it has been suggested by the Parks and Recreation Department to close the swimming pools nine days before the first day of school as an economy measure. She satd she did not think this should be done. Mr. Leonard Ehrler, Director of Parks and Recreation, said the attendance drops drastically the week before school starts. All departments have been directed by the City Manager to cut their budget and Mr. Ehrler said the proposed early closing of the pools is the smallest of their cuts. Mr. Meiszer, City Manager, said all possible options will be looked into and the swimming schedule will be kept in tact. Motion The Council, on Councilmember Deuser's motion, Councilmember Duncan's second, directed the City Manager to look elsewhere for cuts and leave the swimming pool schedule in tact. (7-0 Vote) REQUEST FOR WATER AND WASTEWATER Mr. Charles Hughes attempts to obtain water and wastewater for 825-903 Taulbee Lane were discussed at the July 1, 1982 Council Meeting. If he cannot obtain water and wastewater service, he cannot sell the lots. If he does not sell the lots, his farm machinery he uses for cutting and baling hay at Bergstrom Air Force Base will be confiscated by the finance company. Council Memo REQUEST (Continued) 7 July 8, 1982 Carl Schwing, Director of Water and Wastewater, stated the existing water line flows to the Walnut Creek Interceptor and the regular lines for a tap on the City water main can be used. Motion Councilmember Duncan made a motion, seconded by Councilmember Goodman to approve the request of Mr. Charles Hughes for water and wastewater service. There was no roll call taken. Mayor McClellan said this will be handled administratively. Ms. Janis Hamil, realtor representing Mr. Hughes, thanked the Mayor and Council and the members of the staff who helped solve Mr. Hughes problem to keep him from losing all of his property. WATER AND WASTEWATER CAPACITY The City Manager report on water and wastewater capacity was presented by Mr. Carl Scwhing, who reported as follows: The Water and Wastewater Department staff has reviewed existing plant capacity and deficiencies. Attached are deficiencies known as this time. Some of the deficiencies have not been previously included in our CIP. For example, the need for a second storage facility at Davis Lane for the South System and the South Growth Corridor and the Blunn, Boggy North, Tannehill Branch North, and East Bouldin Creek Interceptors. In addition, the staff has not included water projects in our CIP necessary to address future service needs in Northwest B and Southwest A and B. Based on this information, it is recommended that: 1. Plant capacity is defined as plant design capacity less actual plant flows and all taps purchased but not yet installed. 2. All approach main and capacity commitment requests be given a thirty day review period for Water and Wastewater staff to determine system capacity at the proposed point of connection to the existing system. 3. The Water and Wastewater Department proceed to further define system demands by: a. pressure monitoring and lift station evaluations b. selection of engineers to perform a detailed distribution system analysis 4. That the current approach main ordinance be amended so that all future approach mains be required to be under contract and construction within 18 months of final Council approval and that all approach mains which have been approved be under construction within 18 months. All commitments not made within the 18 months after enactment or approval would be void. Upon completion of the approach main, the owner shall purchase sufficient taps so as to meet his needs for the following year. Council Memo CAPACITY - (Continued) 8 July 8, 1982 5. Providing there are no other system restraints parcels in the North, Central, and South Pressure Zones within the City limits and where wastewater capacity is also currently available and which are already platted and zoned be sold taps and meters of the size required for the needs of the parcel. A map will be provided to the City Council indicating the general location of these areas. 6. The Water and Wastewater Department submit to the Planning Commission the anticipated demands on the system by all proposed zoning changes and all annexations. 7. The Water and Wastewater Department submit to the Council on a semi-annual basis a summary of the system capacity evaluation to date. Items for Consideration or Action In connection with the City Manager Report, Council had the following items on its agenda for consideration: a. Consider amending the Approach Main Ordinance No. 810514-D to allow Service Commitments based upon build-out capacity. b. Consider adopting a policy directing the Water and Wastewater Department to commit capacity in non-approach main service request based upon build-out expectancy. c. Consider repealing the Water and Wastewater Service Area Boundary Ordinance, When Mr. Schwing finished the above report, Mayor McClellan asked, "Can you go over in detail and translate what the water deficencies mean? I'm not that familiar with what is required for fire fighting, etc. I want to know if we have some public health, safety, welfare problems and specifically what they are." Mr. Schwing referred to items in front of the Council. (See Exhibit A) "On the water there are two columns, the first one being the equipment capacity, and the second column is the present demands on the system, the present loading. Whenever that number is larger, the difference is how much we are over extended at this time. These are all in millions of gallons per day as far as line capacity and pump station capacity and treatment capacity." The Mayor said she wanted it explained to her in non-waterese. She said, "I can see where the demand exceeds the capacity but what does that mean. Can we fight a fire in that area of Jollyville line?" Mr. Schwing said, "No ma'am. What we're saying is we can meet the demand on the system from the water plant. If you look at Jollyville there is quite a bit of difference there. The plain fact is, Council Memo CAPACITY (Continued) 9 July 8, 1982 it is not there. If we look at Southwest B, Oak Hill, it is not there. There is no capacity. We cannot fight a fire out there." Mayor McClellan said, maybe what I want you to do for me is one step further. If can take this and let us know where we've got some real problems and what are we going to do? Mr. Schwing said, "On a maximum peak day we are going to experience reduced pressures that are not acceptable in a well designed system. ......Fighting a fire would depend on the individual hydrant on the individual street." Discussion followed concerning the type of report the Council would like to receive and the report Mr. Schwing had given. Mr. Ed Wendler Sr. appeared before Council and referred to point 5 of Mr. Schwing's recommendations. "If I have a platted lot outside of the City limits which is a legal lot and there is no system constraints, does 5 mean that I cannot get a tap and a meter?" Mr. Schwing said.... "the lots are already there and the zoning. If you are going to treat the system equally I see ho reason why we cannot go ahead and extend the same policy outside the City, again providing there are no other constraints. The main reason #5 was done this way is that there are very few areas outside the City that don't have constraints. We can get with the Legal Department and workout the wording. If they don't already exist and there is a problem and they come in and want to subdivide they would be looking for trouble." Mayor McClellan asked if it is already platted, etc., but no system restraints existed, what would happen. Mr. Schwing said he feels they should be treated just like one inside the City limits. Mr. DeLaRosa, City Attorney, said there is already a policy in effect for legal committments and they will be served. Mr. Schwing said, if the capacity is there whatever is required to serve the legal committment will be done, both inside and outside of the City. Mr. Walt Darbyshire asked to be given the option of working with the City. Councilmember Goodman said he had a motion. Motion The Council, on Councilmember Goodman's motion, Mayor McClellan's second, approved in concept the amendment to the Approach Main Ordinance No. 810514-D to allow service commitments based upon build-out capacity as set out in paragraphs 1 & 4 of Mr. Schwing's recommendations, and requested an ordinance be placed on the Agenda July 22, 1982; and approved the policy set out in paragraphs 1 through 7 of Mr. Schwing's recommendations including adding outside city limits in paragraph 5, does not act on a time table. The City Manager will report on the questions asked by the Mayor concerning the existing water and wastewater capacity on July 22, 1982. No action was taken on consideration of repealing the Water and Wastewater Service Area Boundary Ordinance. ( Dres 1980 DEMAND EST. COST CIP 153 MGD 153 MGD $19,496,000 16,451,000 YES YES 22,046,000 YES FACILITY Treatment Davis Green WATER SYSTEM DEFICIENCIES CAPACITY ( ATTACHMENT A - (1st page) Ullrich Transmission 12" & 24" line Jollyville to 9 MGD 20 MGD NO Anderson Mill 3,950,000 YES 30" Lines North of Center 28 MGD 50 MGD 3,511,000 YES Street Pump Station 2,590,000 YES 24" & 36" Lines Center Street 31 MGD 31 MGD 6,275,000 YES Pump Station to Eberhart Pump Station 622,000 YES 3,460,000 YES 14" & 16" Lines Southwest A&B 5 MGD 12 MGD NO 14" Lines Southwest B 2 MGD 2 MGD NO Pump Stations Oak Hill 0.72 MGD 2 MGD NO Storage North Austin Reservoir 7.8 MG 12.5 MG 7,344,000 YES Jollyville Reservoir 5.7 MG 7.8 MG 8,283,000 YES Davis Lane Reservoir 5.4 MG 6 MG NO Oak Hill Reservoir 0.4 MG 0.6 MG NO Spicewood, Highland, Braker 9.5 MG 9.4 MG 6,250,000 YES FACILITY WASTEWATER SYSTEM DEFICIENCIES C CAPACITY 1980 DEMAND EST. COST CIP Lines . Little Walnut Creek 42" 21.8 MGD after transfer to Big Walnut Creek) 21.8 MGD 28.1 MGD 22.7 MGD $9,080,000 YES Tannehill Branch (North) 9.3 MGD 11.2 MGD NO Boggy Creek North 2.9 MGD 5.7 MGD NO Bergstrom 24" 5.0 MGD 6.2 MGD NO Blun Creek 15" 3.2 MGD 5.0 MGD NO East Bouldin Creek 24" 6.4 MGD 6.6 MGD NO West Bouldin Creek 30" 6.9 MGD 10.5 MGD 1,660,000 YES North Austin Outfall 48" 35.6 MGD 38.7 MGD NO South Austin Outfall 54" 33.6 MGD 34.0 MGD NO ATTACHMENT B - Lift Stations Barton Creek #5 2.9 MGD 5.5 MG NO Shoal Creek #7 13.0 MGD 18.1 MGD NO Canterbury #1 35.8 MGD 38.7 MGD 910,00 YES (1st page) Montopolis #19 11.5 MGD 34.0 MGD 400,000 YES Williamson Creek #21 8.0 MGD 20.7 MGD 44,676,000 YES + 15,000,000 Funded 60,000,000 Council Memo 10 PUBLIC HEARING WATER & WASTEWATER - SERVICE AREA BOUNDARY July 8, 1982 Mayor McClellan opened the public hearing scheduled for 2:00p.m. on amending the Water and Wastewater Service Area Boundary (Ordinance No. 810820-B) to include Mt. Larson South Subdivision. Jerry Harris, attorney representing Mrs. Frances Larson Ledbetter, requested 17 LUE's (single family) from the City. He said if the City does not want to grant them, Mrs. Larson will pursue other options. Motion The Council, on Councilmember Mullen's motion, Councilmember Urdy's second, closed the public hearing, waived the requirement for three readings and finally passed an ordinance amending the Water and Wastewater Service Area Boundary (Ordinance No. 810820-B) to include Mt. Larson South Subdivision. EXECUTIVE SESSION Mayor McClellan announced that Council would go into an Executive Session pursuant to Article 6252-17 V.T.C.S. (The Texas Open Meetings Act) to discuss the following matter: The City of Austin v. Lockhart Savings and Loan - pending litigation Section 2, paragraph e.; 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. RECESS FOR EXECUTIVE SESSION : Council recessed its meeting at 2:42 p.m. to enter Executive Session and resumed its recessed meeting at 3:10 p.m. RETAINING WALL APPROVED The Council, on Councilmember Duncan's motion, Mayor McClellan's second, approved the request of Mr. Jack Morton, Attorney for Ms. Frances Ledbetter for construction of a retaining wall consisting of limestone rock along the shoreline of Lake Austin at 2751 Westlake Drive. (6-0 Vote, Councilmember Goodman out of the room.) CLARKSVILLE DAY The Council, on Councilmember Deuser's motion, Councilmember Mullen's second, approved the request of Ms. Lena Stewart for permission for the use of Clarksville Playground and Health Clinic to celebrate Clarksville Day, Saturday, July 10, 1982 and permission for the sale of beer and food. (6-0 Vote, Councilmember Goodman out of the room.) Council Memo 11 July 8, 1982 NEIGHBORHOOD POOLS Mr. John Kerr, Ms. Dorothy Richter and Mr. Richard Montgomery had signed under Citizens Communications. to discuss swimming facilities and neighborhood pools being closed 1 week before school opens. Mr. Kerr and Mr. Montgomery did not appear because Council, earlier in the day, did not approve the early closing of pools. Ms. Richter, however, read her prepared speech. RETAINING WALL The Council, on Councilmember Mullen's motion, Councilmember Duncan's second, approved the request of Mr. Ed Padgett for final approval to build a small retaining wall along Lake Austin (Laguna Gloria/Taylor's Branch). ENERGY CONSERVATION PROGRAMS Mr. Robert B. Mills IV appeared before Council to discuss energy conservation programs. SOLICITATION DISCUSSED Ms. Brenda Carter and Ms. Gussie Huston, both members of ACORN requested Council to exempt non-profit institutions from the ordinance concerning solicitation of money from automobiles in the street. The City Manager will report on this next week. SWIMMING POOLS Ms. Peg Guarino, who had requested to discuss closing of free pools nine days early, appeared before Council and thanked them for restoring pool hours. CORRIDORS PROGRAM The Council, on Mayor Pro Tem Trevino's motion, Councilmember Urdy's second, approved the following contracts for Austin's Corridor Project: Neighborhood Business District Market Study and Urban Design for East 6th & 7th and East 11th/Rosewood & 12th Street Areas, as follows: (7-0 Vote) 1) RFP: 82-S112-GV Market Studies (both corridors) Fly Associates in Joint Venture with Cali Group. 2) RFP: 82-S110-GV Urban Design (11th & 12th) Carter & Parshall in Joint Venture with Kinney & Stone. 3) RFP: 82-S111-GV Urban Design (6th & 7th) Villalva/Cotera in Joint Venture with Kinney & Stone. Council Memo 12 July 8, 1982 PROGRAM - (Continued) and the total of all three contracts not to exceed $112,865.00. Authorize the proper HSD staff to enter into cost negotiations with 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 1981-82 Operating Budget by: (7-0 Vote) Reallocating $80,865 from the Capitol Improvements Business Loan Program to the Commercial Corridors Program Budget. Any cost savings realized as a result of the cost negotiations be returned to the Commercial Loan Program. RENEWABLE ENERGY RESOURCES COMMISSION Council had before it an ordinance to consider amending Ordinance No. 780511-J to revise the residency requirements for members of the Renewable Energy Resources Commission by allowing members to reside within the service area of the Electric Utility. (Recommended by the Renewable Energy Resources Commission.) Councilmember Deuser said it should be required that people who serve on the Commission should be residents of the City. Mr. Meiszer, City Manager, recommended that the Renewable Resources Commission be entirely funded from the Electric Department. - Motion Died for Lack of Second Councilmember Deuser made a motion to pull for two weeks. There was no second to the motion. - Motion Died for Lack of Second Mayor McClellan made a motion to approve as listed on the Agenda. There was no second to the motion. Council unanimously agreed to take no action and to not bring it back on a future agenda. PUBLIC HEARING ROADWAY PLAN Mayor McClellan opened the public hearing set for 4:00p.m. on an amendment to the Austin Metropolitan Area Roadway Plan: (1) Realignment and redesignation of Stassney Lane, Burleson Road, Arterial #5, and Montopolis Drive; (2) deletion of bike lanes on M.L.K., Jr. Boulevard. changes. Dr. Benson, Director of Urban Transportation, showed charts of the proposed No one appeared to be heard. Council Memo PLAN (Continued) 13 Motion July 8, 1982 The Council, on Councilmember Mullen's motion, Councilmember Urdy's second, closed the public hearing, and approved the amendment to the Austin Metropolitan Area Roadway Plan: (1) Realignment and redesignation of Stassney Lane, Burleson Road, Arterial #5, and Montopolis Drive; (2) deletion of bike lanes on M.L.K., Jr. Boulevard. (7-0 Vote) EXECUTIVE SESSION Mayor McClellan announced that Council would go into an Executive Session pursuant to Article 6252-17 V.T.C.S. (The Texas Open Meetings Act) to discuss the following matter: McGinnis v. the City of Austin - pending litigation - Section 2, paragraph e.; 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. RECESS Council recessed for executive session at 4:00p.m. and resumed their recessed meeting at 5:05 p.m. STORM TRACT Council will consider a resolution to enter into an agreement with the owners of Storm Tract concerning possible acquisition on July 15, 1982, Prior to the deciston, David Armbrust, representing the owners of the Storm Tract, appeared before Council to say he would like the City to tell them they can have water and wastewater. He said they have held off development of the property because the City indicated an interest in buying the Storm Tract. Motion Councilmember Goodman made a motion, seconded by Mayor McClellan to approve the agreement for water and wastewater with City paying pro rata costs of improvement. Councilmember Deuser said he favors the area being a park. Councilmember Mullen said he thought Council should let the property be built upon. Motion Withdrawn second, Councilmember Goodman withdrew his motion and Mayor McClellan withdrew her Council discussed the issue further and the motion was made again. Council Memo 14 STORM TRACT - (Continued) Motion July 8, 1982. Councilmember Goodman made a motion, seconded by Mayor McClellan to approve the agreement for water and wastewater with the City paying pro rat of improvement. agreed. Mr. Armbrust requested decision be postponed for one week. Council Motion Withdrawn costs Councilmember Goodman withdrew his motion and Mayor McClellan withdrew her second. PUBLIC HEARING - HANDICAPPED PARKING SPACES Mayor McClellan opened the public hearing scheduled for 5:00p.m. on the proposed amendment to Chapter 13-2 (Zoning Ordinance) related to handicapped parking spaces; and passage of ordinance. Mr. Lillie, Director of Planning, told Council the State law has been changed and parking spaces for the handicapped are no longer required. Mr. Lillie said merchants should be encouraged to provide spaces, but they cannot be required to do so. Mayor McClellan said it is most unfortunate that State law supersedes in this instance, No one appeared to be heard, Motion The Council, on Councilmember Goodman's motion, Councilmember Urdy's second, closed the public hearing, watyed the requirement for three readings and finally passed an ordinance to amend Chapter 13-2 (Zoning Ordinance) related to handicapped parking spaces. (7-0 Vote) ACTION ON APPEAL OF PLANNING COMMISSION DECISION ON A SPECIAL PERMIT The Council had before it for decision an appeal from Mr. Homer D. Reed of the Planning Commission's decision on a Special Permit (C14p-81-096) The Mayor stated this had been scheduled for action at 5:15 p.m. Mr. Lillie, Director of Planning, discussed how property can be used for duplexes and a greenbelt. Mayor McClellan asked about the feasibility of using the land for holding ponds. Mr. Richard Ridings, Director of Public Works, said it would be very expensive and would not help much in the flood plain. تم Council Memo PERMIT - (Continued) 15 July 8, 1982 A representative of the neighborhood said they agree the land is not viable for detention ponds and would like the development limited to 18 units. Mr. Homer Reed, representing the property owners, showed Council an alternate plan for 22 units. Motion FAILED - Councilmember Deuser made a motion, seconded by Councilmember Duncan to approve 18 units. Motion FAILED by a vote of 3-4 with Councilmember Mullen, Mayor McClellan, Mayor Pro Tem Trevino and Councilmember Goodman voting No. Motion Councilmember Mullen made a motion, seconded by Councilmember Goodman to allow 22 units with right of way and hike and bike area. Substitute Motion Mayor Pro Tem Trevino offered a substitute motion to approve the Special Permit and allow 20 units. Councilmember Goodman seconded the motion, which includes a waiver of the set back on four lots. Motion passed by a vote of 7-0. Mr. Lillie said that as this proceeds the departments will deal with the right of way on Great Northern. REPORT ON DR. MITCHEL WONG BUILDING PERMIT Mr. Schwing, Director of Water and Wastewater, reported that water and wastewater is available to the apartment buildings being built by Dr. Wong. He said that the upgrading of Kinney line will be done in the future. There was discussion with Mr. Lonnie Davis, Director of Building Inspection, members of the Council and Mr. Richard Grauvois, Barton Creek Neighborhood Association, regarding the procedure followed for the building permit. No further action was taken. PUBLIC HEARING TOWNHOUSES - Mayor McClellan opened the public hearing scheduled for 5:30 p.m. on the proposed amendment to 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 untts; and passage of ordinance. No one appeared to be heard. Council Memo TOWNHOUSES - (Continued) 16 Motion July 8, 1982 The Council, on Councilmember Duncan's motion, Councilmember Urdy's second, closed the public hearing, waived the requirement for three readings and finally passed an ordinance to 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. (6-0 Vote, Councilmember Goodman was out of the room) PUBLIC HEARING LAKE AUSTIN WATERSHED Mayor McClellan opened the public hearing scheduled for 6:00p.m. on an appeal from the denial of a Lake Austin Watershed Site Development Permit from the Lakewood at Loop 360 Office Project. Council also had before them an ordinance for consideration to amend Section 9-10-136 of the Austin City Code to exempt lots in certain previously recorded subdivisions from the Lake Austin Watershed Site Development Ordinance. Mr. Don Walden appeared before Council and discussed a memo he had received from Assistant City Attorney Jim Nias. He said they want a 55% clause concerning impervious cover. Discussion followed concerning language of the ordinance. Motion -The Council, on Councilmember Mullen's motion, Councilmember Goodman's second, waived the requirement for three readings and finally passed an ordinance amending the language of Section 9-10-136 of the Austin City Code. (6-1 Vote, Councilmember Deuser voted No.) Councilmember Duncan asked how many other lots apply to this. Mr. Ridings told Him that it has not been researched. Councilmembers Deuser and Duncan wanted to find out if this change will be applicable to all lots in the Lake Austin Watershed. Motion - DIED FOR LACK OF SECOND Councilmember Goodman made a motion to grant the appeal. There was no second to the motion. Motion to Reconsider The Council, on Councilmember Mullen's motion, Mayor Pro Tem Trevino's second, voted to reconsider. Councilmember Mullen said he thought this was a unique case. Council Memo 17 July 8, 1982 1 - Motion DIED FOR LACK OF SECOND Councilmember Mullen made a motion to exempt all lots finally platted prior to 1970. There was no second to the motion. Further discussion ensued and the following motion was made: Motion The Council, on Mayor Pro Tem Trevino's motion, Councilmember Goodman's amending second, waived the requirement for three readings and finally passed on an EMERGENCY BASIS an ordinance amending Section 9-10-136 of the Austin City Code to exempt lots in certain previously recorded subdivisions from the Lake Austin Watershed Site Development Ordinance. (6-1 Vote, Councilmember Deuser voted No.) (No action was taken on the public hearing.) PUBLIC HEARING SOUTHERN UNION GAS COMPANY Mayor McClellan opened the public hearing set for 6:30 p.m. on the Southern Union Gas Company's application for a rate increase. Don Butler, legal consultant to the City, referred to the report forwarded to the Council titled Consultant's Report Regarding Southern Unton Rate Case. (COPY ON FILE IN CITY CLERK'S OFFICE) Mr. Butler said the company is requesting an increase of $5.7 million per annum, an increase in base rates of 42%. The consultants engaged by the Council have recommended an increase in base rates of approximately $2.8 million plus certain revisions in the purchased gas adjustment clause. Mr. Bob Laszko, vice-president, Southern Union Gas Company, said they received a copy of the report yesterday and asked Council to postpone decision. until next week. He reviewed the report and ended by stating their request will affect only 20% of gas bills. Mr. Frank Horsfall appeared before Council to say he thinks requests for money from the gas company are too often and should only be allowed once a year. Councilmember Deuser said he thinks there should be an elected Public Utility Commission. Motion The Council, on Mayor Pro Tem Trevino's motion, Mayor McClellan's second, closed the public hearing on the Southern Union Gas Company's application for a rate increase. (Action will be taken July 15, 1982.) (6-0 Vote, Councilmember Goodman was out of the room.) Consideration of a gas rate ordinance for Southern Union Gas Company was postponed until July 15, 1982. Council Memo 18 CIP PUBLIC HEARING July 8, 1982 Mayor McClellan opened the public hearing scheduled for 7:00p.m. on the 1982-88 Capital Improvements Program Recommendations. Mr. Jorge Carrasco presented an overview of program. Dick Shocket, chairman Environmental Board, said the nature preserve should be included with pollution monitoring equipment. Jackie Bloch, West Austin Neighborhood Group, asked for $50,000 for the repair and restoration of the lime kiln in Reed Park. Mr. Ehrler, Director of Parks and Recreation, said that this project is included in the 4th year unfunded CIP. Walter Schutze, who lives on River Road, spoke in favor of preservation of the lime kiln also. Jack Dickinson, Nuchols Crossing, asked what portion is set aside for green belt, Pete Greenberg, speaking for the Hancock Recreation Center, said they need more money for programs for seniors and young people. Charles Harker said the Recreation Center has reached a critical point and needs repairs. John Chitwood said the Center is a good investment and must be preserved. Joel Wooldridge, President, Austin Recreation Center, spoke in support of the recommendations in the CIP for the Austin Recreation Center. Rosemary Castleberry, Acting Chairman, Montopolis Recreation Center, asked for an East Side Zilker Park. She said a South Austin Medical Center is needed also. Roger Taylor, Alamo Recreation Center, said they need additional space. Judy Bray, President, National Science Association, asked Council to approve recommendations made for them. Dianna Dorman supported the City Manager's recommendation. Steye Currier, Parks & Recreation Adaptive Programs Advisory Commission, said they need a center for disabled citizens. : Mrs. Frances Turly, Johnson Creek Netghborhood Conservation Administrator, said they want funds for a storm sewer bypass to alleviate flooding. Eon Inglis, member of the board of directors, said they have a high risk flood zone now. Mike Arrowsmith, asked for the bypass to be built. Richard Riding, Director of Public Works, said a bypass would cost $4.5 million. Channel improvements would be a help. John German told Council that drainage problems off site from MoPac is the City's responsibility. Roger Baker, Austinites for Transportation, said they support the bonds. He asked that money be put into busses, not terminals.. Council Memo HEARING - (Continued) 19 July 8, 1982 Sigrem Mantilly, Austin Recreation spokesperson, asked for a new center because their's has been ruined by flood damage. Ken Conway, Parks and Recreation Board, asked Council support for their master plan and approve $26-million in funds. Margaret Loera, discussed a South Austin Clinic and a South Austin Multi Purpose Center. She said there has been funding recommended in 84-85 CIP. They would like it in 83-84. Mary Flitstone, representing the Old Bakery, said they need renovation and more space. Clinic. A citizen who did not identify themselves, discussed the South Austin Margaret Quadlander discussed Shoal Creek and the problems it has been for the nearby residents since the flooding. Mr. Ridings said they are working on it and Mr. Meiszer said this will be brought up at budget time. Shudde Fath, said the Revenue Bonds need to be passed. Mrs. Ari Wright, spoke in favor of more money for mass transportation. Frank Horsfall said Austin is avante garde and to keep its image needs to build a sleeping place for transients, should open Cumberland Road for access to South Lamar, an extension of Barton Creek is needed, and something should be done about littering. ZONINGS SET FOR PUBLIC HEARING The City Manager reported the following applications have been referred to the Planning Commission for recommendation and have been set for public hearing before the City Council on August 5, 1982: 1. C14-82-059 WAYNE TATSCH 4010 Avenue B FROM: "A", 1st H&A TO: "B", 2nd H&A (Hyde Park Neighborhood Assn.) FROM: "A", 1st H&A TO: "C", 1st H&A 2. C14r-82-060 DONALD P. SCONCI & JOHN JOSEPH By: Donald P. Sconci 9018-9022 IH-35 N-A (Georgian Acres Neigh. Assn.) 3. C14-82-061 JAMES A. RAPER By: Mike Killinger FROM: "A", 1st H&A TO: "0-1", 1st H&A 2004 W. Koenig Lane (Koenig Lane Neighborhood Assn.) Council Memo 4. C14-82-062 20 BILL D. WARREN & DOROTHY WARREN GANTT 1506 North Street (No formal neighborhood group) 5. C14r-82-063 DONALD S. THOMAS, TRUSTEE 6. C14-82-064 By: David W. Gray 13732 thru 13744 Research Blvd. (No formal neighborhood group) TRUMAN O. BROOKS 5001 So. Congress also bounded by Wasson Road (Far South Austin Community Assn.) 7. C14-82-065 T. & E. PROPERTIES By: Cleve M. Earley 6409 & 6411 Manchaca (Far South Austin Community Assn.) 8. C14r-82-066 H.L. JOSEPH By: Austin Design Assn., Inc. 13880 North IH-35 July 8, 1982 FROM: "A", 1st H&A TO: "B", 1st H&A FROM: Interim "AA", 1st H&A TO: "0", 1st H&A FROM: Interim "A", 1st H&A TO: "C", 1st H&A FROM: Interim "A", 1st H&A TO: "GR", 1st H&A FROM: Interim "AA", 1st H&A TO: "DL", 1st H&A (No formal neighborhood group) 9. C14-82-068 MRS. IVORY BRANTLEY 10. C14-82-069 By: Pierce-Tindall Const. Inc. 10723 Jollyville Road (Northwest Oaks Neighborhood Assn.) ALBERT & GLORIA ALLEN, ET AL By: David B. Armbrust 3710-3802 So. 2nd Street, 3708-3714 Birch Street also rear of 3709-3809 Garden Villa Lane (South Austin Neighborhood Council) (South Austin Multi-Purpose Center) ESMEL MCADO THOMAS FROM: Interim "AA", 1st H&A TO: "C", 1st H&A FROM: TO: "A" & "MH", 1st H&A "0", 1st H&A 11. C14-82-070 By: Michael E. McCoy 6200 Burleson Road also bounded by Montopolis Drive "D", 1st H&A FROM: Interim "AA", 1st H&A TO: (No formal neighborhood group) 12. C14-82-071 BILL MCCLAIN & SCOTT SCHIEFFER By: Jeffrey M. Friedman 7002-7004 Manchaca and 2000-2002 Mimosa (Whispering Oaks-Cherry Creek Area Neighborhood Assn.) FROM: "A". 1st H&A TO: "O", 1st H&A Council Memo 13. C14-82-072 DOMITILO PONCE 21 By: Adan Castaneda 4821 East 7th Street also bounded by East 5th Street (Central East Austin Buena Vista Neighborhood Assn.) (East First Street Neigh. Center) 14. C14-82-073 LARRY P. BELL 6813-6819 N. Lamar and 6900-6906 Shirley Avenue (No formal neighborhood group) 15. C14r-82-074 TWIN ROCK ASSOCIATES 16. C14-82-075 By: Charles L. Albers 12518 Research Blvd. (North Naks Neighborhood Assn.) (Balcones Village-Spicewood Homeowners Association) GEORGE GALE PRICE 7212 Brodie Lane and 7203 Lochinvar (Brodie Lane Homeowners Assn.) 17. C14-82-076 STEVEN E. WATSON 3500 & 3502 Red River (North University Citizens Committee for Neighborhood Planning) 18. C14r-82-077 CAPITOL CITY OIL COMPANY By: Tom Curtis 11566-11592 Research Blvd. also bounded by Jollyville Road (Northwood Homeowners Association) July 8, 1982 FROM: "D", 6th H&A TO: "C-2", 6th H&A FROM: "D", 1st H&A TO: "C-2", 1st H&A FROM: "GR", 1st H&A TO: "C-1", 1st H&A FROM: Interim "A", 1st H&A TO: Tract 1: "C", 1st H&A Tract 2: "0-1", 1st H&A FROM: "A", 1st H&A TO: "A-2", 1st H&A FROM: Interim "AA", 1st H&A TO: Tract 1: "GR", 1st H&A Tract 2: "0", 1st H&A Tract 3: "C", 1st H&A FROM: Interim "AA", Ist H&A TO: "LR", 1st H&A 19. C14-82-078 Μ.Κ. PARSONS By: Miguel "Mike" Guerrero 11101 Selma & 11100 & 11102 Plains Trail, 1200-1202 Kramer (No formal neighborhood group) 20. C14-82-079 T.C. STEINER By: Planning Department TO: FROM: Interim "AA", 1st H&A "DL", 1st H&A Rear of 830 Bastrop Hwy. (IJ.S. 183) (The Montopolis Neighborhood Assn.) 21. C14-82-080 AUSTIN CENTER NORTH, LTD. & NEWHOUSE PARK, LTD. FROM: Interim "A", 1st H&A TO: "C", 2nd H&A By: Donald E. Bird Rear of 8222-8300 N. Lamar Blvd. (North Austin Civic Assn.) Council Memo 22. C14-82-081 23. C14-82-082 ROY E. SEEKATZ 22 By: Donald E. Bird 507-515 Dawson Road and 1010 Daniel Drive (South Austin Neighborhood Council) (Bouldin Creek Neighborhood Assn.) (Becker Area) ROGER E. JOSEPH & MR. & MRS. J.R. WILLIAMS By: Hoyle Osborne 602 and 604 West 8th Street (Old Austin Neighborhood) 24. C14-82-083 CHARLES D. SAWYER, JR. 25. C14-82-084 By: John C. Landers IV 725 Stassney Lane & 5605-5607 Nancy Drive (Far (Far South Austin Community Assn. (Pleasant Hill Neighborhood Assn.) Plea JASON PAVLOVIC, ET AL 1802 Lakeshore Drive (Lake Austin Hill Country Neighborhood Association) 26. C14r-82-085 VERNON C. FRIESENHAHN, 27. C14-82-086 MAXINE CARR, JOE FRIESENHAHN MALCOLM H. GILDHART, BERNARD LIFSHUTZ & GIBSON RANDLE By: David Armbrust 2730-3124 Capital of Texas Highway South (Loop 360) (No formal neighborhood group) DOMITILO & IRENE PONCE, ALFRED & ALICE BUENTELLO JUAN RANGEL, ANTONIO DELEON 321 Montopolis also bounded by Crumley Lane and Torres Street (No formal neighborhood group) JAMES T. HOOVER 28. C14-82-087 By: Gary Ashford, AIA 802 thru 808 South 1st Street (South Austin Neighborhood Council) (Bouldin Creek Neighborhood Assn.) (Becker Area) 29. C14-82-088 HARVEY W. DOERRING By: Gary Ashford, AIA 906 & 908 South 1st Street (South Austin Neighborhood Bouldin Creek Neighborhood Assn.) (Becker Area) July 8, 1982 FROM: "A", 1st H&A TO: "0-1", 1st H&A FROM: "B", 2nd H&A TO: "O", 2nd H&A FROM: Interim "A", 1st H&A TO: Tract 1: "GR", 1st H&A Tract 2: "0", 1st H&A FROM: Interim "LA", 1st H&A TO: "BB", 1st H&A FROM: Interim "AA", 1st H&A TO: "GR", 3rd H&A FROM: "A", 1st H&A TO: "GR", 1st H&A FROM: Tract 1: "A", 1st H&A TO: Tract 2: "B", 1st H&A "BB", 1st H&A FROM: "A", 1st H&A TO: "BB", 1st H&A Council Memo 23 July 8, 1982 30. C14-82-089 HANOVER BUILDING MATERIALS, INC. 7400 Webberville Road (FM 969) (E. Martin Luther King Blvd.) (Cherry Meadows Neighborhood Assn.) 31. C14r-82-090 THOMAS R. McELHENNEY By: Clark M. Gray 522 Bastrop Highway (U.S. 183) (The Montopolis Neighborhood Assn.) (Montopolis Assn.) (Montopolis Neighborhood Center) 32. C14-82-091 RICK PARKE 2103 Rio Grande Street (Save University Neighborhoods) 33. C14-82-092 MRS. J.W. & ADA NOLEN, JAMES S. & WILLIAM E. CAWLFIELD, CAROL A. & JOHNNIE S. WISE By: Elliott P. Flick 3303 Manor Road and 2205-2213 Tillery Street (No formal neighborhood group) 34. C14r-82-093 CITY OF AUSTIN By: Bill Richardson 6200 Block of Balcones Drive (Northwest Austin Civic Assn.) 35. C14-81-016 ANNE COFRIN BALDESCHWILER By: Steven A. Fleckman 601-603 W. 8th Street 704-706 Nueces (Old Austin Neighborhood) 36. C14-81-207 JULIA H. JOSEPH By: Dick Einck 601 Peacock Lane also bounded by South 1st Street (South Austin Neighborhood Council) (South Austin Multi-Purpose Center) 37. C14r-82-034 J.A. SMALL By: David Armbrust 1012-1020 Riverside Drive, 1009-1011 & 1013-1019 Edgecliff Terrace also bounded by IH-35 (South River City Citizens) FROM: Interim "A", 1st H&A TO: "DL", 1st H&A FROM: Interim "A", 1st H&A Interim "AA", 1st H&A "MH", 1st H&A TO: FROM: "B", 2nd H&A TO: "0", 1st H&A FROM: "A", 1st H&A TO: "GR", 1st H&A FROM: Interim "A", 1st H&A "O", 1st H&A TO: FROM: "O-H", 2nd H&A TO: "GR-H", 2nd H&A FROM: "A", 1st H&A TO: "O", 1st H&A FROM: "0", 2nd H&A & TO: "A", 1st H&A "B", 3rd H&A ! Council Memo 24 38. C14-82-039 GEORGE C. JR., JOHN Μ. & HORACE JOSEPH, MAGDALENE FALVEY By: Scott Roberts 4812-4910 Duval Road (Angus Valley Area Neigh. Assn.) (Northwood Neighborhood Assn.) (Dorsett Road Neighborhood Assn.) 39. C14-69-304 MORGAN BUILDING SYSTEMS, INC. By: Charles D. Gunter 8153-8213 Research Blvd. also bounded by Jamestown Drive (North Austin Civic Association) (Walnut Creek Alliance) July 8, 1982 FROM: "AA", 1st H&A TO: "A-2" 1st H&A (as amended) Amendment to a Restrictive Covenant Amendment to a Restrictive Covenant Amendment to a Restrictive Covenant 40. C14-75-132 ROGER JOSEPH 600 West 8th Street (Old Austin Neighborhood) 41. C14-80-050 BILL THOMPSON By: Carl Daywood 1606-1646 E. 51st Street (No formal neighborhood group) 42. C14-75-062 FRANK SCHIRPIK Amendment to a By: Malcom S. Smith Restrictive Covenant 5300 Airport Blvd. (No formal neighborhood group) 43. C814-82-005 MORRO VISTA PUD A 34-Unit project on By: Westlake Ltd. Lake Austin Peninsula 1405 Rockcliff Road FROM: Interim "LA", 1st H&A (Lake Austin Hill Country TO: "P.U.D.", 1st H&A Neighborhood Assn.) (Save-Our-Lake Assn.) 44. C14h-82-011 (NAME TO BE DETERMINED) By: City of Austin 1409 Newning (South River City Citizens) 45. C14h-82-012 FALWELL-HART HOUSE FROM: "A", 1st H&A TO: "A-H", 1st H&A FROM: "A", 1st H&A By: City of Austin TO: "A-H", 1st H&A 2008 Scenic Drive (Lake Austin Neigh. Assn.) (West Austin Neigh. Group) ADJOURNMENT Council adjourned its meeting at 8:50 Ρ.Μ.