CITY OF AU FOUNDED ZRA Austin City Council MINUTES For December 16, 1982 1:00 Ρ.Μ. -- Council Chambers, 301 West Second Street, Austin, Texas City Council Carole Keeton McClellan Mayor John Treviño, Jr. Mayor Pro Tem Council Members Larry Deuser Roger Duncan Richard Goodman Ron Mullen Charles E. Urdy Nicholas M. Meiszer City Manager Grace Monroe City Clerk Memorandum To: Mayor McClellan called to order the meeting of the Council at 1:00 P.M. There were no other Councilmembers present so the scheduled business could not begin until a quorum was present. Councilmember Duncan arrived at 1:08; Councilmember Mullen at 1:10; Council- member Urdy at 1:20; Mayor Pro Tem Trevino at 1:30; Councilmember Deuser at 1:34; and Councilmember Goodman at 3:35. INVOCATION The Invocation was given by Chaplain K. Duane McGuffe, Bergstrom Air Force Base, RESOLUTION FOR JACK KLITGAARD Mayor McClellan read a resolution and presented it, along with a Distinguished Service Award to Jack Klitgaard who is retiring. Mr. Klitgaard served as Tax Assessor Collector for the City of Austin. He thanked the Mayor and Council for their recognition and told them his years of employment with the City of Austin have been very satisfactory. CONSENT RESOLUTIONS The Council, on Mayor Pro Tem Trevino's motion, Councilmember Mullen's second, adopted the following resolutions in one consent motion: (6-0 Vote, Councilmember Goodman absent.) Council Memo 2 Contracts Approved Approved the following contracts: a. ROCKFORD COMPANY 5524 W. Bee Caves Road Austin, Texas b. LIMCO MANUFACTURING CORPORATION Garvies Point Road c. Glen Cove, New York - 12/16/82 CAPITAL IMPROVEMENTS PROGRAM - Hospital Modular Work Stations for Brackenridge Hospital Total $87,818.00 Equipment 3B CAPITAL IMPROVEMENTS PROGRAM - Sulfurhexafloride Gas Processing System, Electric Utility Department Items 1 and 2 - $58,644.00 C.I.P. No. 82/16-01 UNITED STATES TELEVISION SYSTEMS, INC.- CAPITAL IMPROVEMENTS PROGRAM914 Banyon Street Austin, Texas d. DESIGN SURFACES, SOUTHWEST, INC. 6250 Brookhill Drive Houston, Texas e. INTERNATIONAL BUSINESS MACHINES 1609 Shoal Creek Boulevard Austin, Texas f. Bid award: - - - - Installation of Underground Electric Utility, Telephone, and Cable TV Distribution Facilities for Buckingham Estates, Phase 3, Section 3A, Electric Utility Department Total $19,745.80 C.I.P. No. 83/15-01 Reconditioning of the Holly Neutralization Pit, Electric Utility Department Total $23,725.00 Office Communication System for Brackenridge Hospital Total $163,265.76 Water and Wastewater Materials, Water and Wastewater Utility Department Three (3) Months Supply Agreements Total $47,844.00 Bids to be awarded by progressive purchasing method from low to high bid Items 13, 15, 17, 19, 20, 22-28 (1) AUSTIN PIPE AND SUPPLY COMPANY 300 Medina Austin, Texas (2) BIG STATE UTILITY COMPANY, INC. 9324 Circle Drive Austin, Texas - Item 16 C Council Memo CONTRACTS - (Continued) 3 12/16/82 (3) ROHAN COMPANY 508-D East St. Elmo Road Austin, Texas (4) TRANS TEX SUPPLY COMPANY 4618 East 7th Street Austin, Texas - Parking Rates at Brackenridge Items 6, 18, 21 Items 1-5, 7-12 & 14 : Approved a contract amendment between Brackenridge Hospital and A.P.C.O.A., Inc. to change the parking rates charged to the general public. (Approved by the Hospital Board) (Old rates range from .60 for 0-1 hours to $2.75 for 7-24 hours; new rates range from .75 for 0-1 hours to $2.75 for 7-24 hours.) at: Industrial Development Bond Financed Commercial Projects Approved Industrial Development Bond Financed Commercial Projects located a. 718 Congress Avenue - Roy McNair b. 804 Congress Avenue - Roy McNair c. 916 Congress Avenue - Roy McNair d. 918 Congress Avenue - Roy McNair Mayor McClellan read into the record: "The Council finds that the proposed commercial project is located in an eligible blighted area and will contribute significantly to the fulfillment of the redevelopment objectives of the City of Austin for such blighted area, that the project is found to be in furtherance of the public purposes of the Texas Industrial Commission Act and that the project be approved by the Council as required by the rules of the Texas Industrial Commission." This was made a part of the motion. (Pulled from the agenda was consideration of 620-622 Congress Avenue Sampson Building Joint Venture.) Austin Industrial Development Corporation Bonds Approved the issuance of bonds by the Austin Industrial Development Corpor- ation to finance: a. A project for Howard Johnson's Motor Lodge of Austin, Inc., 3309-3421 IH 35 South in the amount of $6,000,000.00. b. A project for Roy McNair, 9729 IH 35 North in the amount of $4,000,000.00 c. A project for Roy McNair in the amount of $2,750,000 at: Council Memo 4 12/16/82 BONDS - (Continued) (1) 718 Congress Avenue (2) 804-806 Congress Avenue (3) 916 Congress Avenue (4) 918 Congress Avenue (Pulled from the agenda was consideration of a project for Sampson Building Joint Venture, 620-622 Congress Avenue, in the amount of $1,900,000.00.) Fayette Power Plant : Authorized transfer of land at Fayette Power Plant in order to reroute Fayette County Road 117. Item Pulled Consideration of a resolution authorizing the provision of water service by the Davenport Ranch Municipal Utility District to areas outside the boundaries of the Davenport ranch was pulled from the agenda. Engineering Firm Selected Approved selection of Henningson, Purham & Richardson, Inc. for professional engineering services in connection with the siting, preliminary engineering and proposal development for a solid waste refuse to energy plant for the Electric and Public Works Departments. Inc. Parking Lease Approved entering into parking lease with the System Auto Parks and Garages, Public Hearings Set Set public hearings on the following: a. An amendment to Chapter 13-3 (subdivision) of the Austin City Code to define "impervious cover" for the purpose of the Barton Creek Watershed: January 6, 1983 at 2:00p.m. b. An amendment to Chapter 9-10 (Rivers, Lakes and Watercourses) of the Austin City Code to define "impervious cover" for the purposes of the Barton Creek Watershed: January 6, 1983 at 2 p.m. Council Memo 5 12/16/82 c. An amendment to Chapter 13-3 (subdivisions) of the Austin City Code concerning dedication of flood plains: January 20, 1983 at 5:00 p.m. d. An amendment to Chapter 9-10 (Rivers, Lakes and Watercourses) of the Austin City Code concerning flood plain development: January 20, 1983 at 5:00 p.m. e. Proposed guidelines and procedures for Vendor License Agreements: January 27, 1983 at 5:30p.m. f. Revisions to the Zoning Ordinance: January 20, 1982 at 6:00p.m. g. The provision of water service by the Davenport Ranch Municipal Utility District to areas ouside the boundaries of the Davenport Ranch: January 13, 1982 at 5:00p.m. Permanent Zoning Initiated Approved directing the City Planning Department to initiate a permanent zoning case on 2099-1101 MoPac Boulevard, 1398-1200 MoPac Boulevard, 1213-1209 Spyglass Drive, 901-831 MoPac Boulevard and 702-708 Columbus Drive. Item Pulled Consideration of approving a Legislative Package for the City of Austin was pulled from the agenda. Temporary Street Closings Approved the following temporary street closings: a. East 3rd Street from Canadian to Elkhart on December 19, 1982, from 2:00 p.m. to 9:00p.m., for a community Christmas celebration as requested by the Pan American Recreation Center. b. 200 block of Caney from East 2nd Street to East 3rd Street on December 19, 1982, from 2:00p.m. to 9:00p.m. as requested by the Pan American Recreation Center for a community Christmas celebration. Grant Proposal Authorized submission of a grant to the Texas Energy and Natural Resources Advisory Council by the Energy Management Department. ت Council Memo 6 Water & Wastewater Approach Mains 12/16/82 Approved the following water and wastewater approach mains: a. NPC REALTY COMPANY - b. NPC REALTY COMPANY - C. NPC REALTY COMPANY - d. NPC REALTY COMPANY - Public Hearing Set Water Approach Main to serve Silverstone Subdivision. Estimated cost $424,000 (No City cost participation) Water Approach Main to serve Cherry Creek Subdivision. Estimated cost $212,000. (No City cost participation) 775 LUE for water Wastewater Approach Main to serve Silverstone Subdivision. Estimated cost $133,000. (No City cost participation) Wastewater Approach Main to serve Cherry Creek Subdivision. (No City cost participation) 601 LUE for wastewater Set a public hearing for January 13, 1983 at 5:00p.m. on an appeal of the Planning Commission decision to grant a Special Permit. (C14p-82-069) Lanier Village Apts.; 833 Fairfield St.; Area Service, Inc.; Jerry Williams, agent; filed by Jerry Harris, attorney. Item to be Brought Back A resolution to select an independent auditor for the five year period beginning with FY 82-83 and ending with FY 86-87 will be brought back on the January 6, 1983 agenda, CONSENT ORDINANCES The Council, on Mayor Pro Tem Trevino's motion, Councilmember Duncan's second, waived the requirement for three readings and finally passed the following ordinances in one consent motion: (6-0 Vote, Councilmember Goodman absent) Operating Budget Amendment Amended the 1982-83 Operating Budget by: a. Accepting an Urban Mass Transportation Administration (UMTA) Technical Studies Grant TX-09-0188 in the amount of $82,600.00. Council Memo OPERATING BUDGET - (Continued) 7 12/16/82 b. Accepting and appropriating a grant award of $154,159 from the Governor's Office of the State of Texas, Criminal Justice Division, for the continued operation of the Greater Austin Area Organized Crime Control Unit as a unified law enforcement front against organized crime for the program period January 1, 1983 through September 30, 1983. Special Vehicles on MoPac Approved amending Chapter 11-2 of the Austin City Code exempting selfpropelled cranes and certain other motor vehicles from the minimum speed limit on MoPac Boulevard; however, they would be prohibited from traveling on MoPac during peak-hour traffic periods, Monday through Friday. (Recommended by Citizen's Traffic Safety Commission.) Zoning Ordinance Amendment Amended the following Zoning Ordinance to correct the legal description of Tract 2: Ordinance No. 820722-1 - Zoning Case No. C14-81-144 Zoning Ordinances Amended Chapter 13-2 of the Austin City Code (Zoning Ordinance) to cover the following: a. HOLLARD-KLIPPLE HOUSE By City of Austin Planning Department C14h-82-016 4100 Avenue F From"A" 1st H&A to "A-H" 1st H&A b. BELL HOUSE 4200 Avenue F By City of Austin Planning Department C14h-82-017 From "A" 1st H&A to "A-H" 1st H&A c. SAUTER-ALLEY HOUSE By City of Austin Planning Department C14h-82-018 4012 Avenue F From "A" 1st H&A to "A-H" 1st H&A Zoning Ordinance Passed through FIRST READING ONLY an ordinance amending Chapter 13-2 (Zoning Ordinance) of the Austin City Code to cover the following change: M.K. PARSONS By Miguel "Mike" Guerrero C14-82-078 11101 Selma & 11100 & 11102 Plains Trail 1200-1202 Kramer Lane From Interim "AA" 1st to "LR" 1st H&A (4-2 Vote, Councilmembers Deuser & Duncan voted No, Councilmember Goodman absent) Council Memo 8 12/16/82 Zoning Ordinance Passed through second reading of an ordinance amending Chapter 13-2 (Zoning Ordinance) of the Austin City Code to cover the following change: DURELLE A. EIDSON & HARRY T. EIDSON By James J. Amis C14-82-121 1809 Pearl and 809 Martin Luther King From "A" 1st H&A to "0" 1st H&A (4-2-0 Vote, Councilmembers Deuser and Duncan voted No, Councilmember Goodman absent) Capital Recovery Fee Ordinance Amendment Amended the Capital Recovery Fee Ordinance by extending the exemptions therein to "legal" lots. EXECUTIVE SESSION Mayor McClellan announced that Council will convene in a closed or executive session authorized by Section 2, Paragraphs (e) of Article 6252-17, Texas Revised Civil Statutes annotated to consider directing the City Attorney to file suit against Houston Lighting and Power for mismanagment of the South Texas Project, 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 its meeting at 2:10 p.m. and resumed its recessed meeting at 3:35 p.m. SUIT FILED The Council, on Councilmember Duncan's motion, Mayor Pro Tem Trevino's second, adopted a resolution directing the City Manager to direct the City Attorney to prepare a draft of a claim against Houston Lighting and Power for mismanagment of the South Texas Project and include on the January 6, 1982 agenda for action. (7-0 Vote) ELECTION CALLED - JANUARY 15, 1983 Council had before it an ordinance to consider ordering an election on January 15, 1983 relating to bonds and other matters for the South Texas Project, Council Memo ELECTION - (Continued) 9 Motion 12/16/82 Councilmember Duncan made a motion to pass an ordinance ordering an election on January 15, 1983 with the following proposition on the ballot: The issuance of $97,000,000.00 Revenue Bonds for Electric Light and Power System for extensions and improvement (continued financing through March 1984 the City's participation in the South Texas Project to avoid leg legal com- plications and to protect the City's financial interest including the right to sell its interest therein) Mayor Pro Tem Trevino seconded the motion. : Mayor McClellan stated, "I believe we should be issuing the Revenue Bonds and not be having a needless election, but that aside, if the Council and I believe they are, is going to call an election on January 15 then I would ask, would you accept the following friendly amendment:" Friendly Amendment - Not Accepted Mayor McClellan offered a friendly amendment to add an additional proposition. "I think if we are testing the pulse of the people on one alternative sition: we ought to test the pulse of the people on the other option and this second proposition would read: " "Shall the City Council, the City of Austin, Texas, be authorized to increase electric rates 22% March 1, 1983 and an additional 20% October 1, 1983, for the purpose of extending and improving the City's electric light and power system (continued financing through 1983 of the City's participation in the South Texas Project to avoid legal complications and protect the City's financial interest including the right to sell its interest therein.) include the other "I want you to Council, if you have an election option so you can get their opinion, which is an increase in the electric rate." Councilmember Duncan said he is willing to vote on that as a separate option, but does not want to accept it as a friendly amendment.because he believes that option is always there. Mayor McClellan stated, "In my opinion and in the City Attorney's opinion I also consider we have the option of simply issuing Revenue bonds, but since you are asking the people's opinion on that, yes and no, I would certainly think it is with no additional cost to ask their opinion on the increase in the electric rates, yes or no. But that's fine if you want to separate the question." Councilmember Deuser stated, "A lot of you say a vote is not necessary and that a vote is expensive. I would like to say that yes, a vote is necessary unless : Council Memo ELECTION - (Continued) 10 12/16/82 you want the City Council, by its action, to amend the City Charter without your permission. This would set a precedent for City Councils in the future to not ask for your vote on whether to fund a nuclear power plant, or not ask for your vote on laying pipelines down Barton Creek to build high density apartments clear out to State Highway 71. If the citizens want to amend the City Charter, they should do it, not the City Council. The City Attorney has estimated that a lawsuit over issuing bonds without voter approval, could easily cost the City more than $40,000.00, which is the cost of an election, and that is for one lawsuit. This suit or suits could be brought by citizens concerned about the City Charter violation or current bond holders who could rightfully claim that their bonds were purchased with the assurance of the check and balance of a positive approach by the citizens and that these subsequent bonds are less thoroughly screened, thereby endangering the current bond holders investment. Therefore, in my opinion, I am elected to uphold our City Charter and it will be less expensive to hold an election on the bonds. I would gladly put a Charter amendment question on the April 2nd, 1983 City Council election ballot to see if the citizen's want to amend the City Charter to permit the City to go into bonded indebtedness for expansions of the electric, water and wastewater system without a vote. I think I could predict the outcome of that vote. I wish we did not have to go to the voters for more money but it is necessary to keep our options open. Never theless, as I told our STNP partners yesterday, behind closed doors, we have been instructed by our board of directors, the voters of the City of Austin, to pursue every avenue to get out of STNP and we are doing just that." Councilmember Duncan expressed agreement with Councilmember Deuser. Mayor McClellan stated for the record, "State law permissive legislation has been on the books since 1953 which, when there is a conflict between City Charters and state law, state law supercedes the City Charter. I think that every attorney that has advised us, has advised Council has the perogative to issue the bonds without going to the voters and if they have a real option there would be a reason for going to the voters but I don't believe there is." Councilmember Mullen stated, "There has been some discussion that the problem is biting the bullet. Biting the bullet is going to come if the bonds don't pass because I have already bitten the bullet and said I would then favor raising the electric rates 25% this year and 20% next year and to me that is biting the bullet. That is what, politically is very hard. The expedient thing to do would be to pass the bonds without voter approval. That little flurry would be over very quickly. If you raise the electric rates that will not be over until the electric rates go down. It is not a thing of political expedience but it is a thing of what the Charter says I still think we need a vote of the people until we change the Charter." ...... Roll Call on Motion 6-1 Mayor McClellan voted No Council Memo ELECTION - (Continued) 11 12/16/82 Mayor McClellan said she wants the bonds to pass to keep up the payments for STNP, but she said Council cannot assume people favor a 42% increase in utility rates.and it would cost nothing to add this plebiscite question to the ballot. Mayor Pro Tem Trevino said it is not easy to vote for revenue bonds. He said if both the bond issue and the electric rate increase issue were on the ballot and both turned down, it would be interesting to see how Council would act. Councilmember Mullen suggested there should be a third item as to whether or not the City Council should be allowed to issue Revenue Bonds. He said, "If the bonds don't pass I will vote to raise the electric rates." At this point Mayor Pro Tem Trevino took the chair. in order that Mayor McClellan could make the following motion: Motion Died for Lack of Second - Mayor McClellan made a motion to include a second proposition on the ballot which would read as follows: "Shall the City Council, the City of Austin, Texas, be authorized to increase electric rates 22% March 1, 1983 and an additional 20% October 1, 1983, for the purpose of extending and improving roving the City's electric light and power system (continued financing through 1983 of the City's participation in the South Texas Project to avoid legal complications and protect the City's financial interest including the right to sell its interest therein.) There was no second to the motion. City Clerk Grace Monroe asked Council's approval to proceed with selection of election judges and bring the list to Council January 6 for their approval and also of polling places Mrs. Monroe also asked Council's approval to use paper ballots since there is not enough time for punch card ballots. • Motion The Council, on Councilmember Deuser's motion, Councilmember Goodman's second, authorized the City Clerk to proceed with selection of Election Judges and place on January 6, 1983 agenda for confirmation, and approved use of papber ballots. (6-0 Vote, Mayor Pro Tem Trevino was out of the room.) PUBLIC HEARING - PROPOSED COMMERCIAL PROJECT Mayor McClellan opened the public hearing set for 3:00p.m. on the Proposed Commercial Project to be located at 316-318 Congress Avenue and financed through Industrial Development Bonds. No one appeared to be heard. Council Memo HEARING - (Continued) 12 12/16/82 Motion The Council, on Councilmember Mullen's motion, Councilmember Goodman's second, closed the public hearing and found that the proposed commercial project is located in an eligible blighted area and will contribute significantly to the fulfillment of the redevelopment objectives of the City of Austin for such a blighted area, the project found to be a furtherance of the public purposes of the Texas Industrial Commission Act, and that the project be approved by the City Council as required by the rules of the Texas Industrial Commission and approve the issuance of the bonds.by the Austin Industrial Development Corporation. (7-0 Vote) Motion The Council, on Councilmember Mullen's motion, Councilmember Goodman's second, adopted a resolution approving the issuance of bonds by the Austin Industrial Development Corporation to finance a project for W.B. Smith, Ltd., 316-318 Congress Avenue, in the amount of $1,000,000.00. (7-0 Vote) RECESS Council recessed its meeting at 4:00p.m. and resumed its recessed meeting at 4:10 p.m. PUBLIC HEARING - SANITARY SEWER EASEMENT CROSSING BRENTWOOD PARK Mayor McClellan opened the public hearing set for 2:00p.m. on the proposed sanitary sewer easement crossing Brentwood Park. No one appeared to be heard. Motion The Council, on Councilmember Mullen's motion, Mayor Pro Tem Trevino's second, closed the public hearing. (7-0 Vote) Councilmember Mullen asked Mr. Joe Morahan, Public Works, "Is there no feasible and prudent alternative to installing the proposed sanitary sewer easement across Brentwood Park?" Mr. Morahan answered, "No." Councilmember Mullen asked, "In your opinion, has all reasonable planning been undertaken to minimize any harm to the park?" Mr. Morahan answered "Yes". Motion The Council, on Councilmember Mullen's motion, Mayor Pro Tem Trevino's second, found that there is no feasible and prudent alternative to the installation of the sanitary sewer easement across Brentwood Park and that this project includes all reasonable planning to minimize harm to such land as a park and that they approve the project and adopt a resolution dedicating a tract of land as a Sanitary Sewer (Wastewater) Easement across Brentwood Park. (7-0 Vote) Council Memo 13 MUNICIPAL OFFICE COMPLEX 12/16/82 Mr. Alan Taniguchi, chairman of Downtown Revitalization Task Force, reported on their recommendations on the Municipal Office Complex as follows: The Downtown Revitalization Task Force (DRTF) has reviewed site characteristics of ten proposals submitted for a new Municipal Office Complex. Based on this evaluation, the Task Force has determined that the most appropriate location for a new City Hall would be the present Municipal Annex area. This selected site exhibited the following desired characteristics: good vehicular access, with location on major downtown arterials and proximity to transit routes. symbolic significance, high visibility, with orientation to Town Lake and proximity to Congress Avenue. strategic significance, with the opportunity to stimulate consolidation of redevelopment and concentrate large scale development in the southwest quadrant of the CBD over the next few years. coordination potential, with the opportunity to interrelate the complex with anticipated surrounding development, thereby promoting an active pedestrian environment. neighborhood preservation, minimizing potential negative impact on close-in residential neighborhoods. ease of implementation, minimizing the need for condemnation of downtown land and possible displacement of existing businesses. The DRTF further recommends that a new Municipal Office Complex of the highest quality should be developed utilizing a combination of the most appropriate financing mechanisms and implementation techniques. Determination of these financing and implementation techniques should be based upon a thorough staff review and evaluation. In evaluating financing alternatives, the DRTF recommends that staff consider the issuance of general obligation bonds as well as other innovative financing mechanisms. Regardless of financing technique, the City should retain fee simple title to the selected site. Council Memo COMPLEX - (Continued) 14 12/16/82 : : Development of a Municipal Office Complex should be based upon a public participation process including development of specific design and performance criteria for the selected site. With City Council approval, the DRTF will initiate further actions leading to the implementation of this process in the overall context of downtown revitalization. : Mr. Taniguchi pointed out that retaining the title of the land that the City already owns would have future advantages for the City and that the site specific should be located on the Municipal Complex land which the City already owns. He asked Council to give serious consideration to the Downtown Revitalization Task Force recommendation. Staff Recommendation to City Council Mr. Meiszer, City Manager, told Council, "We have in essence a progress report. It's not the final report because there is still some staff work to be done. in evaluating the financial implications of the proposals we received. I recently advised the Council that we had reduced the number of proposals to four. I can advise you that now we are down to two. The two are quite different and the comparison between them requires more detail than we have at the moment because they involve different financing arrangements and different sites. Since the Downtown Task Force has recommended this site, the annex site, we need to explore in greater detail the financing for this site. We started this process on the premise that we would incur no additional indebtedness and that we would be able to fund it with resources that we currently have and that is still the basis we are going on. We'll have a more detailed and final report to you later. When we started this process it was anticipated that there would be two RFP's. That the first one was to deal with site selection and economic feasibility and things of that sort but that there would be a second one which would be related to the design of the project. ....." Mr. Meiszer suggested that the final report be given at the next Council meeting and then Council may want to hold a public hearing and then Council decide whether they will accept the recommendation that this will be the site. REPORT POSTPONED The Neighborhood Revitalization Commission Annual Performance Report was rescheduled for January 6, 1983 at 1:45 p.m. PLANNING COMMISSION REPORT RE LAKE AUSTIN WATERSHED ORDINANCE Mr. Ken Manning, Planning Commission, told Council the Lake Austin Watershed Council Memo REPORT (Continued) 15 12/16/82 Ordinance has many significant points of contention that the Council will have to deal with. He requested the setting of a public hearing on the ordinance. Motion The Council, on Councilmember Mullen's motion, Mayor Pro Tem Trevino's second, set a public hearing on the Lake Austin Watershed Ordinance for January 27, 1983 at 6:00 p.m. (6-0 Vote, Councilmember Urdy was out of the room.) WATER APPROACH MAINS : Council had before them for approval twenty approach mains which would involve no City cost participation. Councilmember Mullen asked if the staff had any problems with approving them. Mr. Carl Schwing, Director of Water and Wastewater, said he has none. Councilmember Deuser questioned the whole set of them coming through as emergency items when they were through the review process only two days ago and the normal waiting period is two weeks. Mr. Schwing stated the staff has been working on this project for six months. He said they will aid the existing system and give relief to Northwest "A". He showed a map of the approach mains. Councilmember Mullen pointed out that Council looked at this a long time ago and a lot of people held back to wait for the whole project. Motion motion, Mayor The Council, , on Councilmember Deuser's motion, Mayor Pro Tem Trevino's second, adopted resolutions to approve the following water approach mains: (6-0 Vote, Councilmember Duncan abstained.) HIGHLAND RESOURCES, INC. HIGHLAND RESOURCES, INC. DONALD S. THOMAS BANK OF THE HILLS WOODROW LEE JOHN W. REYNOLDS - - - - - Water Approach Main to serve Maconda Park, (No City cost participation) Water Approach Main to serve Cedar Park Fifteen. (No City cost participation) Water Approach Main to serve Nauman Tract. (No City cost participation) Water Approach Main to serve Bank of the Hills. (No City cost participation) Water Approach Main to serve Village Creek (Lee Tract). (No City cost participation) Water Approach Main to serve 1006 Joint Venture. (No City cost participation) Council Memo MAINS (Continued) 16 12/16/82 POND SPRINGS ROAD JOINT VENTURE HASSAUN MULIK ESPEY HUSTON & ASSOCIATES MICHAEL L. SCHOENFELD VISION PROPERTIES - - - - - ESPEY, HUSTON & ASSOCIATES - RESEARCH BROKERS, INC. CARTER INVESTMENTS B-DEVELOPMENT CORP. RANDY MORINE, BUILDER - - - - Water Approach Main to serve Central Texas Titwall, Turtle Creek Estates. (No City cost participation) Water Approach Main to serve Bright Star Estates. (No City cost participation) Water Approach Main to serve Nieman Tract. (No City cost participation) Water Approach Main to serve Los Indios. (No City cost participation) Water Approach Main to serve Herrin Tract. (No City cost Participation) Water Approach Main to serve Los Indios II. (No City cost participation) Water Approach Main to serve Mayes Tract. (No City cost participation) (No City Water Approach Main to serve Pond Springs Tract. cost participation) Water Approach Main to serve Lloyd Subdivision. cost participation) (No City Water Approach Main to serve RANDY MORINE, INC. WILLIAM T. GUNN - WILLIAM T. GUNN - Baker Estates. (No City cost participation) (No Water Approach Main to serve Windridge Section III. City cost participation) Water Approach Main to serve Oakledge Subdivision. (No City cost participation) Water Approach Main to serve Hollow Canyon I & ΙΙ. (No City cost participation) Council Memo MAINS - (Continued) ROBERT W. KING, JR. 17 12/16/82 - Water Approach Main to serve The Oaks at Jollyville. (No City cost participation.) WATER STORAGE RESERVOIR The Council, on Councilmember Deuser's motion, Mayor Pro Tem Trevino's second, adopted a resolution approving construction of a regional elevated water storage reservoir for the northwest service area of the City and authorized the City Manager to enter into a contract with property owners to build such reservoir. (6-0 Vote, Councilmember Duncan abstained.) FLYNN TO RUN FOR PRESIDENT AGAIN Richard Francis Flynn appeared before Council to request their endorsement as Austin's favorite son in the 1984 campaign. Mayor McClellan informed him the Council does not indulge in party politics. CITIZEN DID NOT APPEAR Mr. William McIntyre had requested to appear before Council to discuss City construction contracts concerning the unskilled and unemployed citizens of Austin. He had called earlier to say he would not appear. UT EXPANSION DISCUSSED Ms. Karen Kerkering, resident of the Blackland area, discussed economic issues involved in the University of Texas expansion into East Austin. ARTS CENTER FOR EAST AUSTIN Mr. David Bearden appeared before Council to talk about Friends of the East Austin Cultural Arts Center. PARK AND RIDE SHUTTLE Mr. Robert Schmidt told Council his ideas for a mini shuttle from the Auditorium, up Congress Avenue and down 6th Street and back from 7 a.m. to 6 p.m. to encourage people to use the downtown area. He said the fare could be 10¢ and there is a possibility of receiving Federal money for mini busses dressed up as trolleys. PARADE PERMIT The Council, on Councilmember Mullen's motion, Councilmember Goodman's second, approved a Parade Permit as requested by Mr. Manuel E. Nunes Jr. for Texans for Life Coalition, from 2:00p.m. to 3:00p.m., Saturday, January 22, 1983, beginning from Willow Street to Congress Avenue, by way of East 1st Street, follow Congress Avenue from 1st Street to the Capitol grounds. (7-0 Vote) Council Memo 18 ZONING HEARINGS 12/16/82 Mayor McClellan opened the zoning hearings, scheduled for 2:30p.m. Council heard, closed the public hearings and scheduled action for January 6, 1983 at 1:15 p.m. on the following zoning cases: C14 r-82 DOYLE WILSON 094 By David B. Armbrust 1613 Capital of Texas From Interim "AA" 1st H&A Hwy., also bounded "0-1" 1st & 2nd H&A by Camp Craft Road To RECOMMENDED as amended with restrictive covenant limiting height to that of existing bldg. CLOSE HEARING - ACTION JANUARY 6 at 1:15 P.11. C14 r-82 WESTLAKE II 1515 Capital of Texas 095 OFFICE BUILDING Hwy., South, also JOINT VENTURE bounded by Camp Craft Road From Interim "AA" 1st H&A To "0-1" 1st & 3rd H&A Mr. Lillie reviewed the cases. RECOMMENDED "0-1" 1st & 3rd subject to restrictivi covenant limiting height to that of existing bldg. CLOSE HEARING ACTION JANUARY 6 AT 1:15 P.Μ. David Armbrust, representing the applicant, said the buildings exist and the applicant is trying to bring them into compliance with the existing zoning. Не said the problem is the drainage criteria has changed since the buildings were put up in 1980. Mr. Armbrust said there is an undeveloped area between the buildings and the neighborhood. He feels the City should annex and do the drainage work as a part of their Capital Improvements Program. Morris Davis, who is a property owner living downstream, told Council the issue is how to calculate what the detention requirement is. The applicant proposes to provide only 55% of the 1982 calculation.and the City's approved method of calculation should be required as a condition of the zoning case. It was determined by discussion of Councilmember Deueser, Councilmember Goodman and Jim Thompson of the Engineering Department, that the plan was built according to the methodology in existence in 1980. Mike Parrish read a letter from David Preble, County engineer, saying that a parking area on Lot A, Block A, complies but the two buildings have no detention at all. Charlie Graves, an engineer, said the larger tract has 3500 cubic feet and it should have 6400 cubic feet by 1980 methodology. Council Memo ZONING HEARINGS - (Continued) 19 12/16/82 Councilmember Duncan asked why the zoning is necessary before the drainage is done. Mr. Armbrust told him it is to bring the site into compliance, the lender wants it to conform, and they want to know if they need to comply with 1980 or 1982 requirements. Mr. Jim Nias, Assistant City Attorney, said he will have to look at the details because he has no answer today. He said that generally, standards are not made retroactive. Duke Altman told Council he does not want to see discharge leaving the site. A woman who did not identify herself told Council that at the time the building was built the subdivision regulations said they should have retention and they did not comply. A man who did not identify himself, told Council to "do what you want to and the worst you can do is do what you should have done." Councilmember Urdy said the building is there, now the existing drainage problem must be solved. Bill Gursich, who owns lots 5 and 6, told Council improvements will be put in beginning at 8:00 a.m. tomorrow to bring it to the 1980 level. Councilmember Duncan said more information is needed from the Legal Department. Councilmember Deuser said retroactive compliance is something he would like to avoid. Motion No Second - Councilmember Mullen made a motion to approve as recommended by the Planning Commission. There was no second. Motion The Council, on Councilmember Duncan's motion, Councilmember Deuser's second, closed the public hearing. Action to be on January 6, 1983 at 1:15 p.m. (7-0 Vote) PUBLIC HEARING - WATER SERVICE AREA TO MOUNT LARSON Mayor McClellan opened the public hearing set for 5:15 p.m. on proposed amendment to the Water and Wastewater Service Area Ordinance No. 810820-B to include Mount Larson and Mount Larson II Tract. Council also had before them a resolution to approve Water and Wastewater Approach Mains to serve Mount Larson and Mount Larson II Subdivision. Estimated cost $269,550 with no City cost participation. No one appeared to be heard. Motion The Council, on Councilmember Goodman's motion, Councilmember Urdy's second, closed the public hearing, waived the requirement for three readings and finally Council Memo HEARING - (Continued) 20 12/16/82 passed an ordinance amending the Water and Wastewater Service Area Ordinance No. 810820-B. to include Mount Larson and Mount Larson II Tract. (7-0 Vote) Motion The Council, on Councilmember Goodman's motion, Councilmember Urdy's second, adopted a resolution to approve Water and Wastewater Approach Mains to serve Mount Larson and Mount Larson II Subdivision. Estimated cost is $269,550 with no City cost participation. (7-0 Vote) OAK HILL ANNEXATION HEARING : Mayor McClellan opened the public hearing set for 6:00p.m. on annexation of approximately 3342 acres of land in the Oak Hill area. Terry Childress, Assistant City Manager, presented the City's report on Fire Department proposal for Oak Hill. "The City has proposed to locate a fully staffed fire station in the Oak Hill area upon annexation. The fire station will be located in a temporary building pending the construction of a facility in 18 months. The Oak Hill station will be staffed by by an engine company of professional firefighters with Emergency Care Attendant and Emergency Medical Certification. The City of Austin will provide the same service to the Oak Hill area as is presently being provided to other portions of the City of Austin. The area will not experience a decrease in the level or quality of service upon annexation. In some instances the quality and level of services will be greatly increased. The Oak Hill Volunteer Fire Department has indicated they provide a 2-3 minutes emergency response to all calls for fire service. The City of Austin Fire Department will provide professional fire services to the area within 2-3 minutes of a call. Not only will the residents be assured of a company of professional firefighters to respond to their call, the department will also provide substantial resources to respond to various conditions. The Austin Fire Department has the capability to provide substantial support services such as hazardous material response, aerials, ladder trucks, and foam capability, etc. The residents of Oak Hill will have ready access to the full complement of services provided by the department. Sue Edwards, Director of EMS, reported that the City of Austin EMS provides service in Oak Hill now. Should the Oak Hill area be annexed, the City of Austin would respond to EMS calls in exactly the same manner as is provided within the existing city limits, 1.e. the Fire Department would be the first responder on cardiac arrest and breathing difficulty calls. On all non-critical calls, the EMS responds directly. Mayor McClellan asked if there can be assurance that the same level of service in Oak Hill area will be provided after annexation as there is now. Mrs. Edwards said the Fire Department response time will be 2-3 minutes and the Oak Hill department response time is 2-3 minutes also. : Council Memo 21 12/16/82 OAK HILL - (Continued) servicerin tarakilerectora tarkand Mr. Leonard Ehrler, Director of Parks and Recreation, reported on the park existing parks include Dick Nichols Park, 130 acres; Travis County, 12 acres; Williamson Creek and Barton Creek Greenbelt, 372 acres. The park on Brodie Lane and three others will be acquired from 1985 through 1988. Mayor McClellan inquired about horses and cattle in the area. Mr. Jim Nias, Assistant City Attorney, stated that when Oak Hill is annexed the regulations state animals (horses and cattle) can be no closer than 100' from the residence. Some may be annexed in non conforming use. : Bill Sherman, president, Volunteer Fire Department, told Council that they need to solve the water problem in the area so there can be equal service. Ed Knight, Fire Chief in Oak Hill, discussed the difference in response time re their figures and the City's. This began a discussion among Councilmembers and Mrs. Edwards. Mr. Knight then asked why the City of Austin is not annexing the Old Bee Cave Road area. Tom O'Meara said he thought the Council should annex the whole area. Doug Caldwell asked questions about the location of the temporary fire station and was told that the fire department will be the first responder in a cardiac or breathing emergency. Mr. Caldwell then asked if there will be a water line for Motorola and he was told there will be a line. Mayor McClellan pointed out that the City has a contract with Motorola. Terry Childress responded to Mr. Caldwell's question concerning the location of a fire station by saying there will be temporary quarters at first and a new facility in 18 months. Chief Grady Poole pointed out that the City of Austin has three jaws of life. Mr. Ted Miller discussed the transportation plan. He said Austin is near the bottom of the plan and asked where Oak Hill would be. He wants to see a transportation plan for the area. Sandy Hurwitz wondered if Oak Hill will be brought in as all residential or as it is with each owner having to apply for zoning to suit their business which is already there. Mr. Nias said more study needs to be done on that question. Mr. Lillie stated that initially all land will be zoned Interim "AA". A study will be done on all land in the area which will take a number of months to do and he suggests that a total zoning be done on the whole area at one time. Lou Fry, president of Scenic Brook West Neighborhood Association, asked Council how fires can be fought if there is no water. He also wondered about garbage service. The Mayor told him garbage is picked up twice a week. Mr. Schwing told Mr. Fry that the City is in the process of re-doing the pump station and capacity will be doubled by next spring. Council Memo OAK HILL (Continued) 22 12/16/82 Steve Thompson urged there be no annexation until there is a permanent fire station. Burt Kromack, president of Save Barton Creek Association, expressed concern for the MUD. Shudde Fath said the annexation should be done in "one fell sweep". She asked Council to save Barton Springs. Frank Cooksey discussed the possibility of flooding if the density along Williamson Creek is allowed to increase. He asked that zoning be done at the time it is annexed with one residence on one acre and the area along the highway be incorporated at present use. Motion The Council, on Councilmember Duncan's motion, Mayor McClellan's second, closed the public hearing. (6-0 Vote, Councilmember Deuser was out of the room.) Motion Councilmember Duncan stated: "I would like to make a multi-faceted motion, if I could. First I want to deal with the question of the MUD and the Patton Ranch because that is my primary concern at this time and really the reason that this annexation was brought up to begin with. It is because a MUD was proposed for this area. I am strongly against discharge, affluent discharge into the contributing zone to the Edwards Aquifer and I feel that is of the utmost importance, for us to deal with at this time. "First, dealing with the Patton Ranch, I would like to request that the staff prepare for us the necessary service plan to provide services to the Patton Ranch. I want to add that that should not be utility services limited in size to serve only the Patton ranch because this is part of a much larger phased annexation which I will get to in a moment. But I want the staff to prepare what is necessary to annex the Patton Ranch area as soon as possible and I would like to request, from Patton Ranch, correct me if I am wrong, but under our current Municipal Annexation Act and ordinances, we cannot zone at the same time we annex, that is not legally possible. But the cooperation of the Patton Ranch owners, if they could prepare a site plan and prepare a zoning case to bring before us so that we could annex that area and immediately hear a zoning case on it, I think that would be the preferable way to proceed and is Mr. Noell here, of the Patton Ranch? John do you have any problems with that plan. And clearly I want to state that we are talking about providing services to Patton Ranch that would have to be sized to eventually serve the entire area, but preparing a plan to annex Patton Ranch and at the same time for you to be preparing a zoning request to come before us immediately after our annexation." John Noell said, "I don't see any problem with that. We have been working to try to provide for a service plan that would meet the City's annexation expectations over a series of years in the area, so that is exactly what has been discussed and the contract to begin those improvements would certainly be desirable from the developers point of view." ) Council Memo OAK HILL - (Continued) 23 12/16/82 Councilmember Duncan said, "I would like to have that at our next meeting." Mr. Noell said they have a land use plan and are anxious to resolve the issue and they will be happy to work out the land use and initiate a zoning case. Councilmember Duncan said, "I think the point is that realizing we cannot legally zone at the time of annexation that we would have wanted a zoning case prepared to act immediately upon after annexation." Councilmember Mullen expressed his concern because, "Where do you come from to get there? That is strip annexation which we talked about and I don't know if you have come up with any resolution on that because I told you that was my concern with that kind of an idea." Councilmember Duncan said he does not have a resolution but that is something Mr. Lillie needs to look at because there is only one approach to Patton Ranch and that is up Highway 290. Councilmember Mullen said he does not want to strip annex and has said so previously. It was pointed out that there are other ways to get there, such as McCarty Lane. From Councilmember Duncan continued, "Yes, I do think all of Oak Hill needs to be annexed and I do not think they need to be annexed until we can provide full services. I would like to look at the possibility of a phased annexation. I am concerned about fire and EMS services. I think we can provide the same level of service now. another point of view, we cannot...it is marginal. Since my immediate concern is the MUD being proposed by the Patton Ranch I suggest we look at a phased annexation of the entire area and covering up the loopholes without a jagged boundary, to be annexed after services are completed.in the area. It might be 18 months before we are confident that all the utility, water and wastewater, fire and EMS service can be fully provided and that we annex the area as we complete the services and be sure we are not lowering the current service level for the residents of Oak Hill." Motion Restated Councilmember Duncan stated, "It is a two part motion and I can make them in separate motions if you wish. The first part is:" "The staff come back with an immediate annexation and plan for Patton Ranch and at our next meeting that it includes utility services to serve Patton Ranch, although not sized just for Patton Ranch but the oversizing needed for the area around it, with the concurrence of Patton Ranch to prepare a zoning case." Mr. Jim Nias, Assistant City Attorney, stated, "You are going to have to bring back an ordinance if you want to continue with this, no sooner than January 6th and no later than January 20th." Councilmember Duncan said all this area is included in this public hearing and we can have it scheduled for first reading either January 6 or January 13...first reading on annexation of the Patton Ranch. Mr. Lillie pointed out, "The service plan has been written for this area, if you amend the area then a new service plan has to be written." Mr. German, Assistant City Manager stated, "I think I need to point out that the water and sewer plan that ) Council Memo OAK HILL - (Continued) 24 12/16/82 has been developed is contingent to serve Patton Ranch and the whole area and I think even if you only do the Patton Ranch portion of it now and the rest later we would still have to put in all of the water and sewer improvements that we are talking about in the service plan. The other thing we need to point out is that to solve the fire problems and EMS problems we were talking about and having a station in the Oak Hill area we would have to annex it first before we could go in and build a facility or provide a temporary facility." Mr. Nias stated, "Now that we have had this public hearing and made this service plan available, according to statute, no provision of service can now be deleted from this plan, we can add more but nothing can be decreased or taken away unless we want to start over again." Councilmember Goodman stated, "I share in your immediate concern with the Patton Ranch and don't know if you are providing us with a viable solution." Councilmember Duncan said he is open to suggestions. Mr. German said he would like to talk to the Patton Ranch people as quickly as possible depending on how the Council wants to proceed with annexation. Discussion followed. Mayor McClellan said Council will take no further action tonight, other than closing the public hearing. Councilmember Duncan said perhaps "we can think of something else during the next two weeks before our next meeting". RECESS Council recessed its meeting at 7:25 p.m. and resumed its recessed meeting at 7:52 p.m. RECESS Council recessed its meeting at 7:52 for a Housing Finance Corporation meeting and resumed its recessed meeting at 7:53 p.m. PUBLIC HEARING - REVISIONS TO ZONING ORDINANCE Mayor McClellan opened the public hearing set for 7:00 p.m. on Revisions to the Zoning Ordinance. David Bodenman, Planning Commission, told Council they are working diligently toward a productive solution. He said Bible study in the home is not being excluded. They are working specifically with compatibility and want uses that can work together. Pastor Sheffield, Congress Avenue Baptist Church, told Council he has met with Mr. Bodenman and has a rough draft in which people's concerns are addressed. They are working on compatibility such as heights, noise, compatibility with the neighborhood, etc. Alan Taniguchi, Downtown Revitalization Task Force, told Council there have Council Memo HEARING - (Continued) 25 12/16/82 been revisions made to the downtown zoning and they have not had a chance to respond to them. Gary McKenzie, Balcones Civic Association, told Council they think there are a number of improvements but are concerned with two items of height and they believe there should be explicit limitations. Frank Herron urged Council to give everyone enough time to look at the zoning ordinance. He asked that a moratorium be put on any further revisions of the present ordinance, with all revisions pertaining to the new ordinance. Sam Martin, co-president, South River City Citizens, said they do not want the present central business district to be beyond 4th height and area and recommended that the site area of a building be limited to a single city block. : Rick Patrick, West Austin Neighborhood Association, expressed concern with the proposed expansion of the business district. Paul Chambers, member of Grace Church of the Nazarene, said he hopes the new zoning ordinance will not stop the building of churches wherever people want to build them. Bert Pence said that under the new zoning ordinance the Texas Center would be in a 3rd height and area. He asked that a clause be added which would say, "all property that is zoned or currently in use in 4th H&A" or, Mr. Pence said, the Texas Center will be non-conforming because the building will be 180' high. Councilmember Deuser suggested the change say building footprint only. Scott McCarty discussed churches.and their height, parking and use in the local neighborhoods. Hollis Dorman passed out a copy of information to Councilmembers. CLERK DID NOT RECEIVE COPY. John Houghton, president of Bouldin Creek Neighborhood Association, said he would like the central business zone to conform to the current 4th H&A. Karen McGraw told Council the proposed new zoning ordinance will make low to moderate housing difficult to achieve downtown. Tom Butler, Travis Hts. Improvement Assn., expressed concern with new boundaries. Martin Kemp discussed downtown business district height restrictions. Natalie DeBlois showed a mock-up of downtown Austin with the new zoning code and recommended Council eliminate extending the site beyond one block. Smoot Carl-Mitchell, president, Austin Neighborhood Council, pointed out some changes he would like. Motion The Council, on Councilmember Duncan's motion, Councilmember Goodman's second, closed the public hearing on revisions to the Zoning Ordinance. (6-0 Vote, Councilmember Mullen was out of the room.) Council Memo 26 December 16, 1982 PUBLIC HEARING SET The Council, on Councilmember Deuser's motion, Councilmember Urdy's second, set a public hearing for January 6, 1983 at 2:00p.m. on an ordinance banning open containers of alcoholic beverages in the 6th Street Historic District and the Congress Avenue Historic District. (5-0 Vote, Councilmembers Goodman and Duncan were out of the room.) ITEM TO BE BROUGHT BACK Consideration of establishing a selection process for Associate Judge and Relief Judge of the Municipal Court Judge screening committee, as introduced to Council by Mayor McClellan, will be brought back January 6, 1983. Mayor McClellan said, "We already have some applications. Do you want to basically tract what we have done before?" Councilmember Duncan said, "Let's have the same process and I will need a couple of weeks for my appointment." The Mayor asked that everyone submit to her office by the first week in January an appointment of an attorney to serve on the screening committee. She asked the Legal Department to help 1p word any notices they need to publicly post. "What we have asked in the past is that applicants submit a resume to my office," Mayor McClellan stated, "along with a request as to whether they want to be appointed to a full time position or relief judge position. If you will direct the City Attorney to work with me on that we will proceed, in the interim, to get out some letters and information about it. "At the first meeting in January we will appoint our committee and set up a time schedule." AIR CONDITIONING DEMONSTRATION PROJECT Council had before it a resolution to consider authorizing a contract with Radian, Inc. for a study and demonstration project of commercial air conditioning through ice storage. ($61,400.00 C.I.P. funds) CAPITAL IMPROVEMENTS PROGRAM No. 81/12-82. Councilmember Deuser said he would like to delay action until January 6, 1983. Mr. Peterson, Acting Director, Electric Utility, told him if the issue is left unsettled that long the proposal will be a moot question by then. A representative from Radian told Council that because they have laboratory and computer facilities in the building, the installation has to be done by March 1. Mr. German said the project has been recommended by the Electric Utility Commission. Councilmember Deuser said he wants to determine if this would be appropriate use of CIP funds. Mr. Peterson said the money could be taken from the Electric Department's ending balance and then come back Janauary 6th with an ordinance to take it from the proper funding. Councilmember Urdy said the project is appropriate use of demonstration projects. Councilmember Deuser pointed out the equipment will become the property of private industry and not the City. Councilmember Urdy thinks it will be the equivalent to hiring a consultant. No action was taken by Council. i ! Council Memo 27 December 16, 1982 BOARD & COMMISSION APPOINTMENTS Mayor McClellan announced the following board and commission appointments are due to be made and asked that they be posted on the January 6, 1983 agenda: Community Development Commission, 1; Austin Tomorrow On-Going Committee, 4; Manpower Advisory Planning Council, 1; Environmental Board, 2; Vending Commission, 1; Downtown Revitalization Task Force, 1; Energy Conservation Commission, 4; Renewable Energy Resources Commission, 2; Arts Commission, 1; Human Relations Commission, 2; Commission on the Status of Women, 1; Sesquicentennial Committee, 7; Affirmative Action Plan Advisory Committee, 5; Medical Assistance Program Advisory Board, 2. • EXECUTIVE SESSION Mayor McClellan announced that Council will go into Executive Session pursuant to Article 6252-17, V.T.C.S. to discuss the following matters and after such closed or executive session, any action taken will be done so in open meeting: a. Board and Commission Appointments - Section 2, Paragraph g. b. Pending and contemplated ligigation Mueller, et al v. City of Austin Section 2, Paragraph e. c. Contemplated litigation - Acosta v. City of Austin - Section 2, Paragraph e. - RECESS AND ADJOURNMENT Council recessed its meeting at 9:05 for executive session, and adjourned its meeting at 9:45 p.m.