TY OF POUNDID 1839 Austin City Council MINUTES For March 03, 1983 1:00 Ρ.Μ. -- Council Chambers, 301 West Second Street, Austin, Texas 1. 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 Memorandum To: Mayor Pro Tem Trevino called to order the Meeting of the Council scheduled for 1:00 p.m., noting the absence of Councilmember Goodman, who arrived at 3:25 p.m. City Clerk Louts Catholic Church. INVOCATION The Invocation was given by Monsignor Louis Wozniak, St. CONSENT RESOLUTIONS The Council, on Councilmember Deuser's motion, Councilmember Duncan's second, adopted the following resolutions in one consent motion: (5-0 Vote, Councilmember Goodman absent.) Capital Improvements Program Approved and authorized Meyer-Lytton-Allen, Inc. for selection of soils investigative and engineering testing services for the hydraulic capacity improvements at Davts Water Treatment Plant in the amount of $7,500.00. CAPITAL IMPROVEMENTS PROGRAM No. 76/22-84. Approved and authorized proposed supplemental amendments No. 2 and 3 to the existing Professional Services Agreement between the City of Austin and Parkhill, Smith and Cooper, Inc. for the Govalle Wastewater Treatment Plant - Renovation, Restoration and Facilities Improvements - $1,296,502.00. CAPITAL IMPROVEMENTS PROGRAM No. 73/23-83. Council Memo 2 March 3, 1983 Contracts Approved Approved the following contracts: J & E DIRT WORK, INC. 12406 Old San Antonio Road Manchaca, Texas A-TEC, INC. 1103 Roosevelt Industrial Parkway San Antonio, Texas Property Sale - CAPITAL IMPROVEMENTS PROGRAM Street and Sidewalk Improvements Phase II for Robertson Hill Area, Public Works Department $16,946.25 C.I.P. No. 82/62-19 - Overhaul and Transfer of Aerial Tower and Replacement body, Vehicle and Equipment Services Department Item OVHL-1 - $27,553.00 Approved of disposal by sale award of City-owned property located at 6200 Palm Circle to Allan J. Tolbert III, (Estimated revenue to City - $12,500.00) Library Systems Act Approved endorsement of four amendments to the proposed Library Systems Act : (S.B. 427), which relates to the operation and continuation of the Texas State Library and Archives Commission. (Approved by the Austin Public Library Commission) Water & Wastewater Approach Matns Approved the following Water and Wastewater Approach Mains: C.B. FRANCIS C.B, FRANCIS PHIL POKORNY & COMPANY AND WALTER VACKAR ASSOCIATES, INC. - Wastewater approach main to serve C.B. Francis Tract. Estimated cost $62,556,00 (No City cost participation) - - Wastewater approach main to serve Five Tract Project. Estimated cost $47,515.00. (No City cost participation) Wastewater approach main to serve Vackar-Pokorny Condominium Project. Estimated cost $14,000. (No City cost participation) (4-0 Vote, Councilmember Mullen abstained, Councilmember Goodman absent.) さ Council Memo 3 March 3, 1983 Emergency Housing Repair Program Approved allocating additional Community Development Block Grant funds to the Emergency Housing Repair Program operated by the Austin Area Urban League. Councilmember Urdy stated the number of units will be increased from 75 to 253 and the amount of funds will increase from $150,000 to $359,000. Temporary Street Closing Approved temporarily closing 26 Street from San Pedro to Pearl Street on March 5, 1983 from 2:00 p.m. until 6:30p.m., as requested by Mr. Barry Jucha representing the Alpha Epsilon Pi Fraternity for their annual Olympiad benefiting Muscular Dystrophy. Public Hearings Set : Set public hearings on the following: a. An appeal from the Fairway Village Tenants Council of the Planning Commission's decision to grant John Byram a Special Permit to build 200 apartments known as the "Rail Yard Apartments" on the downtown vicinity of East 4th Street, C14p-82-094, 095, 096 & 097 for March 17, 1983 at 5:00 p.m. b. An appeal from the Montopolis Neighborhood Association on the Planning Commission decision to grant a Special Permit to Omni Developers Inc. to build a 436-apartment/condominium project known as "Paradise Oaks". C14p-82-091: March 17, 1983 at 5:30 p.m. c. An appeal from Francis Gatt & Olga Gatt, of the Planning Commission's decision to grant a Special Permit for Case No. C14p-82-092 for March 24, 1983 at 5:00 p.m. d. Foundation and Gypsum Board Inspections for March 10, 1983 at 2:30 p.m. e. An appeal from Mr. Gerald Nels Olson, trustee, of Mr. Thomas M. Cummins, of the Planning Commission's decision to deny a Special Permit to build 280 apartment units at 10924 Jollyville Road known as Village Oaks Apartments - Case No. C14p-82-077 for March 10, 1983 at 5:00p.m. : Ad Hoc Committee on Rail Right-of-Way Acquisition Approved appointment of Councilmembers Deuser, Duncan and Mullen to the Ad-Hoc Committee on Rail Right-of-Way Acquisition. (The rest of the members will be appointed later by Council.) Council Memo 4 Capital Improvements Program March 3, 1983 Authorized and approved a Change Order for Congress Avenue Improvements1982 in the amount of $8,168.68 to Austin Road Company. (0.305% increase of original contract) CAPITAL IMPROVEMENTS PROGRAM No. 72/23-03 Change Order Approved a Change Order in the amount of $55,000 for the Upper Walnut Creek Wastewater Improvement, Phase II-A Construction Contract. Capital Improvements Program Approved a Change Order in the amount of $34,724.00 (4.4%) and confirmation of two previous Change Orders totalling $5,076.00 (0.65%) - Administrative Action for the Rebekah Baines Johnson Health Center. These four changes amount to an increase of 7.0% of the original contract amount, approved by Council on September 2, 1982 and awarded to Mitchell, Evans and Byram, Inc. : Opposition to Federal OMB Circular Adopted a resolution opposing revisions to the Federal OMB Circular A122 proposed as of January 24, 1983. CONSENT ORDINANCES The Council, on Councilmember Deuser's motion, Mayor Pro Tem Trevino's second, waived the requirement for three readings and finally passed the following ordinances in one consent motion: (5-0 Vote, Councilmember Goodman absent) Capital Improvements Program Ordered and set a hearing at 2:30p.m., April 21, 1983 in connection with paving assessments to be levied on Kramer Lane, West and East, consisting of two units covering approximately 27 blocks. CAPITAL IMPROVEMENTS PROGRAM No. 78/62-21. Zoning Ordinances Amended Chapter 13-2 of the Austin City Code (Zoning Ordinance) to cover the following changes: Council Memo ZONING - (Continued) 5 March 3, 1983 a. RIVERSIDE PLAZA JOINT VENTURE By Gary L. Falkenburg C14-82-187 b. JOHN A. & JENNIFER JO BIRD c. By Thomas Goebel C14-82-182 2237 East Riverside Drive, Suite 208 2009 W. Rundberg Lane PASSED ON EMERGENCY BASIS JOE E. TRUCHARD C14-82-180 903 Neans Drive From "GR" 1st H&A to "C-2" 1st H&A From Interim "A" 1st H&A to "B" 1st H&A From Inteirm "AA" 1st H&A to "AA" 1st H&A d. ROLAND HAMPTON By Hal Haralson C14-82-191 From Interim "A" Ist H&A 209 & 211 Redbird Lane 5501-5507 Bluebird Lane To "A" 1st H&A e. GEORGE C. JOSEPH, JR. MAGDALENE FALYEY, HORACE JOSEPH, JOHN M. JOSEPH By Scott Roberts C14-82-039 f. HOWARD JOHNSON'S MOTOR LODGE By Tom Curtis C14r-82-134 4812-4910 Duval Road From "AA" 1st H&A to "A-2" 1st H&A 3309-3423 I.H. 35 South From "0" 1st H&A to "LR", "C-2" & "0" 1st H&A PASSED ON EMERGENCY BASIS AUSTIN NATURE CENTER The Council, on Councilmember Duncan's motion, Councilmember Deuser's second, adopted a resolution approving and authorizing the Potomar Group for architectural services in connection with the Austin Nature Center Phase 1B $200,000. CAPITAL IMPROVEMENTS PROGRAM No. 77/86-15. (5-0 Vote, Councilmember Goodman absent) - Council Memo 6 March 3, 1983 ITEM PULLED Council agreed to postpone until March 10, 1983 consideration of approving a contract for: GIFFORD HILL AND COMPANY, INC. Austin Concrete Works Division 801 Airport Boulevard Austin, Texas - Concrete Products, Central Stores Division Twelve Month Supply Agreement Items 1-8 & 10-59 $294,579.11 CONTRACTS APPROVED - The Council, on Councilmember Mullen's motion, Mayor Pro Tem Trevino's second, adopted resolutions approving the following contracts: (5-0 Vote, Councilmember Goodman absent.) Bid Award: : (1) AUSTIN PIPE & SUPPLY COMPANY 300 Medina Austin, Texas (2) BIG STATE UTILITY COMPANY 9324 Circle Drive Austin, Texas (3) PFV SUPPLY 4700-R Burleson Road Austin, Texas (4) AUSTIN PIPE AND SUPPLY COMPANY 300 Medina Austin, Texas (5) TRAN TEX SUPPLY 4618 East 7th Street Austin, Texas (6) TRANS TEX SUPPLY 4618 East 7th Street Austin, Texas (7) TRANS TEX SUPPLY 4618 East 7th Street Austin, Texas - Standard Items, Water and Wastewater Department Six month supply agreement Bids awarded by casting of lots of tied line item bids to determine low bidders - $21,772.00. Items 51, 81, 241, 247 & 252 - Item 107 - Item 172 Item 231 Item 340 - Item 343 - Item 356 Council Memo CONTRACTS - (Continued) 7 March 3, 1983 Prior to the vote, Councilmember Mullen asked questions regarding the number of tie bids. Mr. Bennett, Director of Purchases and Stores, said there were 356 items and out of those only seven were tie bids. : WATER & WASTEWATER APPROACH MAIN The Council, on Councilmember Duncan's motion, Councilmember Mullen's second, adopted a resolution approving the following Water and Wastewater Approach Mains: (5-0 Vote, Councilmember Goodman absent) LUMBERMEN'S INVESTMENT CORPORATION - Water approach main to serve Onion Creek. Estimated cost $920,822.00. City cost participation $64,872.00. NEIGHBORHOOD ADVISORY OFFICE Councilmember Deuser discussed details and plans for a neighborhood advisory office. He said there should be an office to address the needs of citizens to communicate with departments to find out what is happening with their particular concern or problem. He requested the City Manager to bring back a plan to Council to implement such an office. SOUTHWEST AUSTIN DEVELOPMENT Councilmember Duncan discussed development in the southwest area of Austin. He said that area has some environmentally critical spots that affect our water supply. Councilmember Duncan requested developers bring in land use plans as soon as possible in relation to their MUD activities; (2) OERM prepare some notations, not a study, on the environmentally sensitive areas affected by the MUD's and particularly the critical water water z zone, how much is covered by these MUD's and where it is, etc. & the other environmentally sensitive areas that may not be in the water quality zone; (3) the Water and Wastewater Commission begin immediately to look at the capacity of the area and be certain the City cannot extend utilities to these areas and that MUD's are required if they are going to move ahead. Mr. Lillie commented, the three applications that were in the newspaper.... only one is filed complete, the other two are still incomplete. The 120 day process will not start by agreement of the people that represent them and the City. Once started, "we have outlined a week by week schedule of review and evaluation to include exactly want Councilmember Duncan requested." EXECUTIVE SESSION Mayor Pro Tem Trevino announced Council would go into an Executive Session pursuant to Article 6252-17 V.T.C.S. to discuss the following matters: Council Memo 8 March 3, 1983 EXECUTIVE SESSION - (Continued) a. Board and Commission Appointments - Section 2, Paragraph g. b. Neil Bischolf, et al v. Carole Keeton McClellan - pending litigationSection ion 2, Paragraph e c. Acquisition of real estate for street right-of-way purposes Section 2, Paragraph f. d. Mueller, et al v. City of Austin - pending litigation - Section 2, Paragraph e. e. Personnel related matters - - Section 2, Paragraph g. f. Pending litigation related to the South Texas Project - Section 2, Paragraph e. TEXAS BICYCLE PROMOTIONS Council had before them a resolution to consider temporarily closing the following street on April 2, 1983, from 10:00 a.m. until 4:00 p.m. as requested by Mr. Kevin Bice, representing the Texas Bicycle Promotions, Division of U.S, Bicycle Development Corp., Inc.: b. San Jacinto from 5th Street to 7th Street a. Brazos from 5th Street to 7th Street c. Trinity Street from 5th to 7th Street d. Neches from 4th Street to 7th Street e. Red River southbound from 7th Street to 4th Street f. 4th Street from Red River to Neches g. 5th Street from San Jacinto to Red River 6th Street from Red River to San Jacinto 1. 7th Street, right 2 lanes from Brazos Street to Red River Street Councilmember Deuser said several 6th Street businesses feel that closing the streets the day before Easter would severely curtail their trade. He said he wants the course altered to delete the 200 block of 6th Street between Brazos and San Jacinto, Councilmember Deuser stated Richard DeGarmo, U.S. Cycling Association, said that alteration to the route would be agreeable. The Cycling Association said they could shorten to 2:00p.m. Mr. Kercheval appeared before Council to say in light of the above changes, some of their concerns are taken care of. Mr. Gellman, Gellman's Department Store, said the change suggested will not help them because the closing of 6th Street will hurt their business on the Saturday before Easter. They support the race but not the day. David West, president, Old Pecan Street Association, said the closing of that Saturday will be all right because in the future races will be on Sunday. Council Memo 9 March 3, 1983 PROMOTIONS - (Continued) Richard DeGarmo, U.S. Cycling Assocition, said there were several problems : : concerning racing on Sunday and of the 67 people polled concerning the race on Pecan Street only four were not in favor of it. Dr. Benson said the revisions will help Urban Transportation and EMS. Saturday is always a higher traffic and higher volume day. Motion The Council, on Councilmember Goodman's motion, Councilmember Deuser's second, adopted a resolution approving as amended: Deletion of 200 block of 6th Street between Brazos and San Jacinto with the race beginning at 9:00 a.m. and ending at 2:00p.m. or before. (A friendly amendment to begin at 9:00 a.m. as offered by Councilmember Duncan, was accepted.) (6-0 Vote) LAND USE PLANNING Ms. Frances Schenkkan, chairperson, Planning Commission, asked Council to consider a resolution regarding public input on State and University eminent domain actions. She asked Council to approved the resolution, ask the City lobbyist to work with Senator Doggett and have the Legal Department ascertain how to help with planning. Motion The Council, on Councilmember Goodman's motion, Councilmember Urdy's second, adopted the following resolution: (6-0 Vote) WHEREAS, the City of Austin has an interest in land use planning throughout its boundaries; and WHEREAS, the City of Austin has an obligation to its citizens to attempt to provide predictability and protect their property values; and WHEREAS, the University of Texas and other State agencies enjoy the power of eminent domain and have exercised said power in the past without public input from Austin or its citizens; THEREFORE, be it resolved, that the City of Austin pursue all its legal remedies to attempt to influence or direct State agencies and the University of Texas to exercise its power only after appropriate planning and public comment has occurred; AND FURTHERMORE, be it resolved, that the City of Austin specifically endorse any legislation which supports public review of buildings proposed by State agencies or State-supported institutions. : Council Memo 10 PARKS & RECREATION BOARD Motion March 3, 1983 The Council, on Councilmember Duncan's motion, Mayor Pro Tem Trevino's second, approved a request to use gasoline powered safety motorboats on Town Lake March 11-25, 1983 and June 19, 1983. (6-0 Vote) Motion The Council, on Councilmember Duncan's motion, Mayor Pro Tem Trevino's second, waived the requirement for three readings and finally passed an ordinance amending Section 11-2-129(d) of the City Code to provide for designated places as "reserved for patrons" at various Parks and Recreation Department areas. (6-0 Vote) CABLEVISION ACTIVITY Mr. Peter Varteressian appeared before Council to apprise the Council of Cablevision activity. He said during the past year 250 new miles of cable has been constructed and they are re-building the 18 year old system. Customer service has been improved. They did not want to remove WGN-Chicago ago from cable viewing but copyright royalty tribunal states a small city is only entitled to one long distance hook-up. Mr. Varteressian said Cablevision is appealing and hopes to get WGN back. VARIANCE ON SEPTIC TANK REQUESTED : Mr. Talferd Collins appeared before Council to discuss a variance on a septic tank requirement. He said he has a house he wants to rent as a duplex with one septic tank. Law requires he should have two. He is asking for a variance. City Manager Meiszer asked why he does not keep his property as a house and rent it like that. After discussion, Mayor Pro Tem Trevino referred the question to the City/County Health Department Department to see if Mr. Collins request is possible. ossible. If not, the Council can look at the ordinance. POLICE DISCUSSED Mr. Enrique Lopez Jr. discussed police conduct on Saturday, February 9, 1983 and said they are suspending the Neighborhood Watch Program in Montopolis. Mr. Eugenio R. Hinojosa Jr. said there should be a way for outsiders to investigate police conduct. Ms. Lucy Trevino Rivera read a letter concerning police conduct. Mayor Pro Tem Trevino read the following statement from all members of the Council: Council Memo POLICE - (Continued) 11 March 3, 1983 "We have been informed that the Travis County Grand Jury will review the events which occurred during the Ku Klux Klan march on February 19, in order to determine if any persons were engaged in criminal behavior. Inasmuch as we support the existing criminal justice system and we believe that the Travis County Grand Jury has the power and authority to conduct an impartial and complete inquiry, and that the Grand Jury review will be vigorous and thorough, we suggest that the Council should wait for the completion of the Grand Jury's investigation before we decide whether or not to take any action. And you have asked for an impartial investigation. We concur with you that one should be done. We also agree with you that it should be done by someone that is fair and impartial, and we believe that the Grand Jury is such a body, and so that is why we have read this statement." Councilmember Deuser said this is a good step forward and hopes it will clear the air concerning the events of that afternoon and subsequent reaction. Councilmember Mullen said he has asked the Assistant City Attorney concerning legal ramifications and responsibilities and powers of the Council. Mr. Jonathan Davis, 1st Assistant City Attorney, stated: "The bottom line, whether or not you like it or agree with it, the State Civil Service Statute on firemen and policemen specifies that the Chief of Police is the only person with the authority to initiate disciplinary action. Even if the Council were to conduct an inquiry, under the existing statute the Council would not have the authority to discipline the officers directly and would not have the authority to recommend discipline taken by the Civil Service Commission. The Council's authority or right would be to instruct the Chief of Police to start the process. Another thing is that to terminate an officer the statute requires an impartial hearing be conducted by the Civil Service Commission and also gives the officer the right to appeal the Civil Service Commission decision to a District Court and on up. ....." Councilmember Mullen said that in conjunction with the City Charter, the Council cannot instruct the Chief of Police to do something to personnel. That is up to the City Manager. The Council can tell the City Manager their opinion but then it would be up to him what to do. He went on to say that the Council tried very hard to get people to stay away from the Ku Klux Klan parade, but the Police Officers did not have that choice, They had to be there. UNISON URGED : Ms. Evelyn Erickson appeared before Council to express her desire that the opposing factions, as an aftermath of the Ku Klux Klan Parade, show a willingness to work out their differences. Council Memo 12 ARTS AND CRAFTS MARKET March 3, 1983 Mr. Mike Kleinman appeared before Council to discuss planned improvements for the 23rd Street Arts and Crafts Market including tree planting and other items. He asked that the street be approved for temporary closing for another year. ZONING HEARINGS Mayor Pro Tem Trevino announced Council would hear zoning cases scheduled for 4:00 p.m. The Council heard, closed the public hearing, granted and instructed the City Attorney to draw the necessary ordinances to cover the following zoning changes: C14-82 CITY OF AUSTIN r197 PLANNING DEPT. 4015-4021 Banister Lane and Rear of 1200-1208 Ben White Boulevard From "0" & "GR" 2nd H&A "0" & "GR" 1st H&A To RECOMMENDED GRANTED AS RECOMMENDED C14 -82 COFFEE & CRIER, INVESTMENT 206 By Jack Crier C14 -82 HOWARD BRUNSON 210 By Hoyle M. Osborne 508 & 509 Oakland Avenue and 1405 West 6th Street also bounded by Oakland Avenue 6601-6603 Airport Boulevard & 300-304 Huntland Drive From "B" 2nd H&A To "0" 1st H&A RECOMMENDED (as amended) GRANTED AS RECOMMENDED From "C" 1st H&A To "C-1" Ist H&A RECOMMENDED GRANTED AS RECOMMENDED C14 -82 MICHAEL G. POULSON 501-C (rear) West 212 C14 -83 AUSTIN PUBLIC h002 LIBRARY C14 By City of Austin -83 KOPPEL BUILDING h003 By City of Austin Live Oak, rear of 2209 South Ist Street 401-423 West 9th Street, also bounded by Guadalupe and San Antonio 318-320 Congress Avenue, also bounded by West 4th Street From "A" 1st H&A To "C" 1st H&A RECOMMENDED GRANTED AS RECOMMENDED From Undesignated To Undesignated- Historic RECOMMENDED GRANTED AS RECOMMENDED From "C-2" 4th H&A To "C-2-H" 4th H&A GRANTED AS RECOMMENDED i Council Memo ZONING - (Continued) C14-82 RICE COURT 195 DEVELOPMENT CO. By Bill Faust C14-82 ANN MCWHERTER 205 By Jerry L. Harris C14-82 JOHN K. AND 213 NANCY W. OSGOOD By Don Bird C14-82 WILLIAMSON CREEK 202 JOINT VENTURE By George Yonge 13 1204 San Antonio Street 1601 West Koenig Lane, also bounded by Arroyo Seca and Ullrich Avenue 5011 Hamilton Road and 10829 Jollyville Road March 3, 1983 From "0" 2nd H&A To "C" 3rd H&A RECOMMENDED noting height of structure is not to exceed 60 feet, office use only and site plan review. GRANTED AS RECOMMENDED From "A" 1st H&A Το "0-1" 1st H&A RECOMMENDED subject to 5' of "A" 1st along Ullrich Avenue; recommend that Urban Transportation consider reverting Ullrich to a one-way street east, and that they also consider installing a stop sign at Arroyo Seca and Ullrich; existing structure is to be retained. GRANTED AS RECOMMENDED From Interim "AA" 1st H&A To "C" & "0" 1st H&A RECOMMENDED "C" for building and "0" 1st for remainder, subject to 10' of right-of-way on Hamilton Ln. and rollback to "0" if use discontinues or is sold. GRANTED AS RECOMMENDED 5301-5313, 5315-5415, From Interim "A" 1st H&A 5101-5107 5003-5009 Nuckols Crossing To Tr. 1 "BB" 1st H&A Tr. 2 "GR" 1st H&A Tr. 3 "BB" 1st H&A Tr. 4 "BB" 1st H&A NOT RECOMMENDED. RECOMMENDED "A-2" condominium 1st H&A for Tracts 1, 3 & 4; "LR" 1st H&A for Tract 2, subject to necessary right-of-way on Nuckols Crossing and E. Stassney Lane through the subdivision process. GRANTED AS RECOMMENDED (On Councilmember Duncan's motion, Councilmember Mullen's second (6-0 Vote) Council Memo ZONING - (Continued) 14 March 3, 1983 C14-82 RAINTREE DEVELOP- 144 MENT CORPORATION By Haynie & Kallman, Inc. 11751-11755 Jolly- ville Road and 5843-5845 Secrest Drive From "AA" 1st H&A Το "A-2" 1st H&A RECOMMENDED GRANTED AS RECOMMENDED 8 UNITS CITY MANAGER TO REPORT ON ALTERNATIVES FOR JOLLYVILLE ROAD Mr. Lillie reviewed by use of slides. Bob Bledsoe, representing North Oaks Homeowners Association, said there is not sufficient water pressure now and multi-family units will just compound the problem. Also, traffic on Jollyville Road is already a problem. He requested that only single family homes be allowed. Ray Lopez, who lives in the area, said he opposes the development of condominiums because that could set a trend of development in the neighborhood. Katherine Fowler said she does not want non-owner duplexes in the neighborhood. She is concerned with the density and the traffic flow. Patrick Donaldson, Haynie & Kallman, explained the project and urged Council to approve. (On Councilmember Mullen's motion, Councilmember Goodman's second, 4-2 Vote, Councilmembers Deuser and Duncan voted No.) The Council heard, closed the public hearing and will vote March 10, 1983: C14-82 WALTER VACKAR r201 ASSOCIATES, INC. By Kinney & Stone, Inc. 9430 Research Blvd. From "0-1" 1st H&A To "LR" 1st H&A RECOMMENDED CLOSED PUBLIC HEARING- VOTE MARCH 10, 1933 Mr. Lillie reviewed the application by means of slides. Sid Sanders, representing Kinney & Stone, told Council the request is for a sign for the property, Councilmember Mullen was concerned with the size of the sign and asked if it would be possible to reduce the size of the sign by 50%. Vote will be taken next week. (On Councilmember Mullen's motion, Councilmember Urdy's second, 6-0 Vote) Council Memo : 15 March 3, 1983 PUBLIC HEARING GUIDELINES FOR VENDOR LICENSE AGREEMENT Mayor Pro Tem Trevino opened the continued public hearing on proposed guidelines and procedures for Vendor License Agreement scheduled for 5:30p.m. Dr. Benson went over the changes which have been recommended and said they will proceed with implementation of the amended guidelines unless the Council objects. Bobby Taylor, representing the vendors, said he met with the merchants and after questions and discussion he feels there are still too many problems. Mayor Pro Tem Trevino said there are a lot of concerns and there has not been time for full discussion with the vendors. Council 'unanimously agreed to continue the hearing to April 7, 1983 at 3:30 p.m. because more time is needed to study the guidelines and procedures. CONTRACT APPROVED The Council, on Councilmember Mullen's motion, Mayor Pro Tem Trevino's second, adopted a resolution approving the following contract: (6-0 Vote) DIASONICS 2002 E. Robinson Orlando, Florida - One (1) Ultrasound Imaging System for Brackenridge Hospital $61,000.00 Councilmember Mullen had questioned this contract award because it was the second bid, but after viewing the machine brought in by staff, he agreed the second bid was most feasible. RENTAL REHABILITATION PROGRAM John O'Brien, Rehabilitation Coordinator, told Council, the City is a participant in the second round of the Rental Rehabilitation Program Demonstration, which is a program administered by the U.S. Department of Housing and Urban Development. The Demonstration, to be administered by the Office of Neighborhood Revitalization calls for the rehabilitation of 100 rental units within the Austin Neighborhood Strategy Area (NSA). A Request for Proposal was sent out and seven firms responded. The recommended firm for the project for architectural services is Carter Parshall and Associates. f Sam Percy, Austin Tenant's Council, passed out information. CITY CLERK DID NOT RECEIVE A COPY. He said they feel the program is speculation for investors who stand to benefit the most from it. Council Memo RENTAL - (Continued) 16 Motion March 3, 1983 The Council, on Councilmember Urdy's motion, Mayor Pro Tem Trevino's second, adopted a resolution approving a contract award for architectural services in the estimated amount of $91,000 to Carter Parshall and Associates (MBE), with authorization and approval to award a contract to the next best offer in case of contractor default. (6-0 Vote) ! Motion The Council, on Councilmember Urdy's motion, Mayor Pro Tem Trevino's second, waived the requirement for three readings and finally passed an ordinance amending the Office of Neighborhood Revitalization's Operating Budget to provide an additional $91,000 for contract with estimator for Rental Rehabilitation Demonstration Program. (6-0 Vote) BOARD & COMMISSION VACANCIES ANNOUNCED Mayor Pro Tem Trevino announced the following board and commission appointments are due to be made: Community Development, 6; Austin Tomorrow On-Going Committee, 8; Manpower Advisory Planning Council, 1; Vending Commission, 1; Downtown Revitalization Task Force, 3; Sesquicentennial Committee, 1; Affirmative Action Plan Advisory Committee, 2; MH/MR Public Responsibility Committee, 1; Private Industry Council, 1; Environmental Board, 2; Energy Advisory Commission, 11; Dental Health Advisory Commission, 9; Neighborhood Revitalization Commission, 1; Water and Wastewater Commission, 1. IN-FILL PLAN FOR SOUTH AUSTIN Councilmember Duncan and Mayor Pro Tem Trevino introduced a discussion concerning the in-fill plan for South Austin. Jack A. Goodman, 1010 Austin Highlands, told Council that 3-4,000 apartment units are going up near his house in southwest Austin and his neighborhood is being destroyed. Councilmember Duncan said there should be an in-fill study of south Austin in the area of South Congress on the east, Manchaca Road on the west. Ben White Blvd. on the north and City limits on the south. Councilmember Duncan said the study should be for the purpose of finding out the appropriate use for the areas and he wants to know the appropriate distribution of land use. He asked if this type study will take a lot of time and money. Mr. Dick Lillie, Director of Planning, told him he will send him a memo concerning time and money. Council Memo 1 17 March 3, 1983 - JUAREZ-LINCOLN BUILDING ZONING HEARING Mayor Pro Tem Trevino opened the public hearing set for 6:00p.m. which was heard last week with action postponed until this week, on the following. Council's final vote was to uphold the Planning Commission's recommendation and DENY. C14 -83 h001 EAST AVENUE BAPTIST CHURCH 711-713 East 1st Street By City of Austin From "LR" 2nd H&A Το "LR-H" 2nd H&A NOT RECOMMENDED ! PLANNING COMMISSION UPHELD "H" ZONING DENIED : Mr. Dwyer, owner of the property, said he concurs with the Historic Landmark Commisston and the Planning Commission and does not want his property zoned "H". Pete Martinez, president, Rainey Street Neighborhood Association, told the story of his life and does not want to have to move again. Mr. Tomas wants the building preserved, Mario Mana presented what he thought was basts for "H" zoning. He said it should be so zoned to preserve the neighborhood. Mr. Pablo said the building is of historic value because of the murals which were painted on the side of the building. He said none "of our buildings are left up long enough to be considered historical." Raol Valdez, mural painter, said the mural has received worldwide recognition. Hortense Vallita said if the Juarez-Lincoln building goes, the Rainey neighborhood will go also. Rene Fiorito said she worships the painting. Tracy Brown said the cornerstone was laid in 1923 and the rest of the building is eclectic. Elbierto Rivera, representing Chicano artists, read a statement to save the building by zoning it historic. Jane Haney, representing Rainey Street, said she recommends historic zoning because of the character of the building, the value of the mural, architectural style, ethnic heritage, location site because it was the first campus site for Chicanos, the location is of value to the neighborhood, and it is of value to public pride. Frankte Torres said the building and the paintings are beautiful. Marcos DeLeon said the Rainey Street plight has been hard and long and it is time to take a stand in their favor. Council Memo ZONING - (Continued) 18 March 3, 1983 John Fulton said "Let's stand up for the people of East Austin." Maria Rocha representing LULAC said the request for historic zoning is a reasonable one. Allen McCoy, who works in the Rainey neighborhood, spoke in favor of "H" zoning. He said the City could buy the building and convert it into a neighborhood center or a museum to document Mexican-American people. Mr. Dwyer returned for his summation. He said he has heard arguments for both sides many, many times and is proud to live in Austin where both sides can be heard. The City of Austin brought the case against the property owner to be able to enjoy the use of his property. If Council denies the zoning change, then their message concerning the protection of the property owner will be heard. Mr. Dwyer said the issue is whether or not the building is historical enough to vote against the property owner. He pointed out that in order to preserve it historically someone would need to put much money into the building for preservation and repairs. Motion The Council, on Councilmember Goodman's motion, Mayor Pro Tem Trevino's second, closed the public hearing, (6-0 Vote) Councilmember Duncan said he feels there is more than one aspect of the building to qualify as historical and that no other building represents the history of Mexican-Americans in Austin, Motion Councilmember Duncan made a motion, seconded by Councilmember Deuser to approve historic zoning with finding of fact A, I, K, L, and M. Councilmember Mullen stated he will vote against the zoning change because ever since he has been on the Council there have been attempts to zone property "H" by the neighborhood against the property owners wishes. He said he has always voted against it when the owner did not want "H". Councilmember Urdy said he always votes for "H" zoning and said it is difficult to get in a minority neighborhood. However, he said there is no commitment here that there will be funds for restoration. Councilmember Goodman said he will not vote for the motion because the building does not meet the criteria in the Ordinance. Mayor Pro Tem Trevino said he also will not support the zoning change. He feels several schools in east Austin are more historically significant than the Juarez-Lincoln building. He said if it is zoned "H" the liklthood of someone fixing it up is very slim and the building will become dilapidated and attract transients. Council Memo ZONING - (Continued) 19 March 3, 1983 Roll Call on Motion : 3-3 Vote, Councilmembers Goodman and Mullen and Mayor Pro Tem Trevino voted No. Planning Commission upheld and zoning DENIED. Mayor Pro Tem Trevino requested the City Manager to report to Council how much it would cost to save the mural and put it elsewhere. ITEM TO BE BROUGHT BACK L An ordinance to amend Section 2-3-56 of the Code of the City of Austin to require Financial Disclosure of all members of all sovereign boards and commissions will be discussed on March 10, 1983. ADJOURNMENT Council adjourned its meeting at 7:45 p.m.