FOUNDED 1839 Austin City Council MINUTES For March 31, 1983 -- 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 Pro Tem Trevino called the meeting of the Council scheduled for 1:00p.m. to order, noting the presence of all Councilmembers. di INVOCATION The Invocation was given by Reverend Manuel S. Rios, First Mexican Baptist Church. TEMPORARY STREET CLOSING The Council, on Councilmember Duncan's motion, Councilmember Deuser's second, adopted a resolution temporarily closing 25th Street from Pearl to San Gabriel on March 31, 1983 from 3:00 p.m. to 7:00 p.m. as requested by Mr. James Nelson, representing Silver Spurs. (4-0 Vote, Councilmembers Mullen and Goodman were out of the room.) CONSENT RESOLUTIONS The Council, on Councilmember Goodman's motion, Councilmember Urdy's second, adopted the following resolutions in one consent motion: (6-0 Vote) Release of Easements Authorized release of the following easements: a. A portion of a Public Utility Easement on Lot 29, Block I, Quail Creek West, Phase II, Section 6, 1514 Desert Quail Lane. (Requested by Gary Pools, Inc.) : Council Memo EASEMENT RELEASE : 2 (Continued) b. Assigning a Water, Sanitary Sewer and Public Utility March 31, 1983 Easement recorded in Volume 4854, Page 1520 of the Travis County Deed Records to the Lost Creek Municipal Utility District. (Requested by Public Works and Engineering Department) c. A 5' Water Main Easement recorded in Volume 3107, Page 559, of the Travis County Deed Records and shown on Hillcrest Village Subdivision, Greenslope Drive at Cima Serena Drive. (Requested by Carlson, Dippel & Marx) Loop 1 Approved entering into a contract with the State Department of Highways and Public Transportation for the acquisition of right-of-way for Loop 1 (U.S. 183 to FM 1325). Eminent Domain Proceedings Authorized eminent domain proceedings to acquire the following tract of land for Shoal Creek Drainage Project: a. A 0.527 acre tract of land located at Shoal Creek and West 39 Street, and being out of Block 6, Pleasant Grove Addition and vacated portions of West 39 1/2 Street and George Avenue. (Hugo Leipziger-Pearce, et ux Martha Leipziger-Pearce, owners) Capital Improvements Program Approved acquisition of the following: a. A tract of land for the East Riverside Drive - Newning to I.H. 35 Project. C.I.P. No. 73/62-03 (Theodore Taylor and Catherine Allen) b. A certain Drainage Easement for the Banister Lane - Ben White Boulevard to MoPac Railroad Project. C.I.P. No. 82/62-08 (Hatex, Inc.) c. Two tracts of land for the Shoal Creek - Jefferson Street Area Project. C.I.P. No. 82/60-05 (Congregation Beth Israel) Council Memo 3 March 31, 1983 Capital Improvements Program Authorized and approved a Community Facilities Contract for Participation with Developers in Paving Boundary Streets in the total amount of $64,887.27 for the reconstruction of Duval Road between Cassady Drive and Yett Lane to Bill Milburn, Inc. (C.I.P. No. 82/62-02) Contracts Approved Approved the following contracts: a. BARKER OFFICE FURNITURE, INC. 5th and Congress Avenue Austin, Texas - CAPITAL IMPROVEMENTS PROGRAM Office Furniture, Fire Department Item 137 - $21,880.60 C.I.P. No. 80/83-01 - b. K. W. DISTRIBUTING COMPANY 6216 Navigation Boulevard Houston, Texas - CAPITAL IMPROVEMENTS PROGRAM Fuel Pumps and Dispensers, Vehicle and Equipment Services Department - Item 1 thru 3 - $11,558.00 C.I.P. No. 82/78-01 - CAPITAL IMPROVEMENTS PROGRAM c. HERSEY PRODUCTS, INC. 250 Elm Street Dedham, Massachusetts d. LITTON OFFICE PRODUCTS 1950 Rutland Austin, Texas e. COLONIAL MOTOR COMPANY 2030 Walnut Hill Lane Dallas, Texas f. WATSON DISTRIBUTING COMPANY 5511 Brewster Drive San Antonio, Texas g. Bid award: (1) LEIF JOHNSON FORD, INC. 501 East Koenig Lane Austin, Texas - - - - - - Fire Demand Water Meter, Water and Wastewater Department Item 1 - $11,100.00 C.I.P. No. 83/22-02 Modular Work Stations, Public Works Department Items 1 thru 14 - $10,615.35 Flail Mowers, Vehicle and Equipment Services Department Item 1 - $7,272.00 Industrial 4-wheel Dump Truck, Vehicle and Equipment Services Department Item 1 - $7,997.00 Patrol Sedans, Vehicle and Equipment Services Department Total amount $574,043 Item PS-1 - $555,603 Council Memo CONTRACTS APPROVED 4 - (Continued) (2) TOWN LAKE CHRYSLER-PLYMOUTH IMPERIAL 841 West 6th Street Austin, Texas h. UNITED STATES PIPE AND FOUNDRY 11325 Pegasus Street, Suite E-226 Dallas, Texas 1. BOUND-TO-STAY-BOUND BOOKS, INC. West Morton Road Jacksonville, Illinois J. WESTVACO, U. S. ENVELOPE DIVISION 10700 Harry Hines Boulevard Dallas, Texas k. CHEMREX COATINGS CORPORATION 4600 Ripley Drive El Paso, Texas 1. Bid award: March 31, 1983 - Item PS-2 - $18,440 - - - - - Ductline Iron Pipe, Water and Wastewater Department Twelve (12) Month Supply Agreement Items 1-8- $120,866.00 Juvenile Books with Prebinding, Austin Public Library Twelve (12) Month Supply Agreement Item 1 - $45,000.00 Envelopes, Office Services Division Twelve (12) Month Supply Agreement Item 1 and 2 - $35,399 Swimming Pool Paint and Thinner, Parks and Recreation Department Items 1 thru 3 - $5,678.75 Luminaires, Electric Utility Department Twelve (12) Month Supply Agreement Estimated total $202,041.00 m. (1) GRAYBAR ELECTRIC COMPANY 7434 North Lamar Boulevard Austin, Texas (2) TECHLINE, INC. 8750 Shoal Creek Boulevard Austin, Texas SIEMENS-A1IIS, Inc. 12200 Northwest Freeway, Suite 415 Houston, Texas : - Items 1 - 5 & 8 $189,189.00 - Item 7 $12,852.00 - Air Switches, Electric Utility Department Item 1 $19,960.00 : Council Memo 5 Wastewater Approach Main Approved the following wastewater approach main: G.N. OLSON, TRUSTEE - Temporary Street Closings March 31, 1983 Wastewater approach main to serve Village Oaks Apartments. Estimated cost $11,125.00 (No City cost participation) Approved the following temporary street closings: a. LONGVIEW STREET from 24th Street to 25th Street on April 9, 1983, from 12:00 p.m. to 5:00p.m., as requested by Ray Herrera and Scott Noble, representing Phi Kappa Psi Fraternity. b. PEARL STREET from 25th Street to 24th Street on April 8, 1983, from 2:30 p.m. to 7:30p.m., as requested by Mr. Stephen Cavender representing the Sigma Alpha Epsilon Fraternity. c. BELLEVUE PLACE from Duval Street to Harris Avenue on April 7, 1983 for the full 24 hour period of April 7th, for filming activities as requested by Mr. David Israel representing Warner Brothers. CDBG Funds Authorized and approved CDBG funds for Standard Rehabilitation Loans in the following amounts and authorized staff to enter into the appropriate contracts: a. Texas Western Associates $13,900 b. Fulford Construction $14,000 c. E&T Masonry (MBE) $16,800 d. KM Construction $11,650 e. Imperial Construction $13,950 f. Imperial Construction $14,100 g. E & T Masonry (MBE) $16,000 h. KM Construction $13,980 1. James Chandler Contracting $11,675 Cinco de Mayo Folk Culture Interpretive Program Authorized submission of a "Cinco de Mayo Folk Culture Interpretive Program" grant to the Texas Committee for the Humanities, in the amount of $2,500. : Council Memo 6 March 31, 1983 Flora Rama Approved the administering of a $1.00 entrance fee at Zilker Municipal Gardens Saturday and Sunday, May 7 & 8, 1983 for the 26th Annual Flora Rama. : Silver Enterprises Inc. Adopted a resolution approving the bond resolution passed by the Austin Industrial Development Corporation authorizing issuance of Industrial Development bonds to finance Silver Enterprises, Inc., 651 Pleasant Valley Road. Authorized passage of a resolution approving Silver Enterprises, Inc., project for purposes of Federal Tax Law. Authorized passage of resolution approving Silver Enterprises, Inc. and making findings of fact 1, 2, 3, 4 as required by the Texas Industrial Commission. Fee Not Waived for Heritage Society The Council did not waive the street closure fee associated with the previously approved temporary street closing as requested by the Heritage Society. Public Hearing Re-Set Approved resetting a public hearing for Estate Properties, Ltd. for April 14, 1983 at 2:00p.m. (Previously set for April 7, 1983 at 2:00 p.m.) Change Order Approved a Change Order in the amount of $10,190.00 to Lendell Builders, Inc. for modernization of Fire Station No. 1. CAPITAL IMPROVEMENTS PROGRAM No. 81/83-01 (3.5% increase of the original contract) CONSENT ORDINANCES The Council, on Councilmember Goodman's motion, Councilmember Deuser's second, waived the requirement for three readings and finally passed the following ordinances in one consent motion: (6-0 Vote) 1982-83 Operating Budget Amendments Approved amending the 1982-83 Operating Budget by: : Council Memo OPERATING BUDGET AMENDMENTS - 7 (Continued) a. Appropriating $12,000 from the General Fund Ending Balance to the Police Department, for five additional Police Officer positions and vehicle costs, for the purpose of providing 24 hour patrol in the Oak Hill Area. b. Appropriating $15,889 from the General Fund Ending Balance to achieve Phase II of the Affirmative Action Implementation Plan. c. Accepting $36,000 in non recurring funds from the Texas Department of Health to develop an automated PARS reports. March 31, 1983 d. Renewing a $24,090 grant from the Texas Department of Health for providing health screenings and assessments to Indochinese refugees. e. Accepting an amendment to the FY '83 Womens, Infants and Children (WIC) agreement between the Texas Department of Health and AustinTravis County Health Department to allow the WIC reimbursement to increase to a monthly maximum of $43,375. Vacation of Scenic Drive Right-Of-Way Approved amending Ordinance No. 820617-0 by correcting the field note description for the vacation of Scenic Drive right-of-way. (Requested by Public Works and Engineering Department.) Zoning Ordinance Approved amending Ordinance No. 820408-G (Zoning Case C14-81-245) to correct errors relating to the Legal Description and use and height and area designation. Field Note Correction Approved a correction to the field notes for the annexation of 141 acres to the North Austin Growth Corridor Municipal Utility District No. 1. : Council Memo 8 PARADE PERMITS March 31, 1983 The Council, on Councilmember Goodman's motion, Councilmember Deuser's second, approved the following parade permits: (6-0 Vote) 1. Request for a Parade Permit from Mr. Fred H. Erben for Austin Runners Club, for Saturday, April 30, 1983, from 9:00 a.m. to 11:00 a.m., beginning from Austin High School, west on West 1st Street to Lake Austin Boulevard, west on Lake Austin Blvd. to Enfield, northeast on Enfield to Dillman, north on Dillman to Windsor, east on Windsor to Robinhood Trail, south on Robinhood Trail to Enfield, southeast on Enfield to Lake Austin Boulevard, east on Lake Austin Boulevard to West 1st Street, east on West Ist Street to Austin High School. 2. Request for a Parade Permit from Mr. Robert McCorkle, for The Foothills 5-Miler, from 9:30 a.m. to 11:00 a.m., Sunday, May 29, 1983, beginning from the front of Hyatt on Barton Springs to East Riverside to Newning to La Grande, La Grande to Hillside, to Bonnieview, to Academy, to East Riverside, to Alta Vista, to E. Monroe, to Alameda, to Sunset, to Alameda, to Sunset, to Eastside, to Live Oak, to Congress, to Barton Springs (Hyatt parking lot). 3. Request for a Parade Permit from Mr. T. Dan Buie, for Greater Austin Council on Alcoholism, Inc., from 9:00 a.m. to 11:00 a.m., Saturday, April 16, 1983, beginning from Austin High School on Lake Austin Boulevard to Enfield, left on Enfield to Dillman, left on Windsor, right on Robin Hood to Enfield, right on Lake Austin Boulevard to Austin High School baseball diamond. ENGINEERING TESTING SERVICES The Council, on Councilmember Duncan's motion, Councilmember Goodman's second, authorized and approved Meyer-Litton-Allen for engineering testing services in connection with the following: (5-1 Vote, Councilmember Mullen voted No.) 1982-83 Engineering Testing of bituminous concrete base and surfact courses and bituminous surface treatment materials in the amount of $50,000. The Council, on Councilmember Duncan's motion, Councilmember Goodman's second, authorized and approved Bryetest for 1982-83 Engineering Testing of subgrades and base courses in the estimated amount of $38,000; and Hamilton Drilling & Engineering for the 1982-83 Geotechnical (soils) investigative services in the amount of $5,000; and Austin Testing Engineers for 1982-83 Engineering Testing of Portland Cement Concret and Reinforcement in the estimated amount of $8,000. (6-0 Vote) Council Memo 9 March 31, 1983 follows: PUBLIC HEARINGS - ELIGIBLE BLIGHTED AREA Mayor Pro Tem Trevino opened the public hearings set for 2:00p.m. as 2:00 P.M. Continue hearing on designation of an area as an "Eligible a. - Blighted area pursuant to Art. 5190.6, V.T.C.S., The Development Corporation Act of 1979 for Walter Carrington-Jose Mercado, Ltd.: 4804 Loyola b. 5602 Clay Avenue c. 111 Ramble Lane 2:00 P.M. - Continued hearing on an Industrial Development Bond Financed Project for Walter Carrington-Jose Mercado, Ltd.: a. 4804 Loyola b. 5602 Clay Avenue c. 111 Ramble Lane 2:00 P.M. - Continue hearing on an Industrial Development Bond Financed Commercial Project proposed by Walter Carrington-Jose Mercado, Ltd: a. 4804 Loyola b. 5602 Clay Avenue c. 111 Ramble Lane No one appeared to be heard. Motion The Council, on Councilmember Goodman's motion, Councilmember Duncan's second, closed the public hearings.and set April 7, 1983 to bring the matter back for action. (6-0 Vote) NEIGHBORHOOD REVITALIZATION PROGRESS REPORT City Manager Meiszer presented the Office of Neighborhood Revitalization Progress Report. He said Paula Manning would present the report which is based on activities which have occurred since the reorganization of the Commission. (COPY IS ON FILE IN CITY Ms. Manning referred to copies of the report. CLERK'S OFFICE.) She gave a brief overview by use of slides. STNP REPORT Ed Aghjayan, Director of Electric Utility, discussed the effect of cancellation of STNP and the rates to Austin electrical users as requested at last week's meeting. "In a week we have prepared a report of the very basic assumptions if we walked away Council Memo STNP - (Continued) 10 March 31, 1983 from the project....if we could legally do so and how that would impact the ratepayer. That is a hypothetical analysis but we have done that and with that in mind the report is in front of you indicating the variety of costs. In the first five years, cancellation would bring a lower cost than maintenance because we would no longer have to make payments. However, in 1987 we would start to have power coming from the project and at that point the curve shifts markedly in favor of retention of the project. So that by the year 1996 the cost to the ratepayer is some 3% less with retention of the project........" He said the hypothetical project assumes the project will be completed on time and generating power in 1987. It assumes we would use gas fired generation to replace nuclear. RECESS Council recessed its meeting at 2:20 p.m. and resumed its recessed meeting at 3:00 p.m. COMMITTEE REPORT Jack Evins, chairman, Austin Tomorrow On-Going Committee, discussed suggestions for amending the Committee composition. He said they passed a resolution which suggests instead of having two appointees, a member and an alternate from each of the ten geographic zones, that there be just one appointee from each zone and that there be three at-large appointees. He further recommended that all current appointees come up for appointment June 1 of this year rather than half of them to allow Council to consider redesignation and also to solicit feed back from current appointees as to whether or not they feel they are going to be able to continue to contribute under this arrangement. They also recommend that if there are to be more alternates reapply, than can be included within the at large arrangement, that there be as many at large appointees made at this point to accommodate those who express such an interest until such a time as attrition or expiration of terms reduces that number to the total of 13. Mr. Evins said they feel this will continue to represent the zones of the City as well as reduce the size of the committee with a savings to the Planning Department. RECESS Council recessed at 3:05 p.m. and resumed its recessed meeting at 3:50 p.m. PUBLIC HEARING - DRAINAGE EASEMENT Mayor Pro Tem Trevino opened the public hearing set for 3:45 p.m. on the proposed drainage easement in Greg Hill Park. Mr. Richard Ridings, Director of Public Works, stated the City departments recommend the drainage easement. Mayor Pro Tem Trevino inquired whether there was a prudent and feasible alternative to building the drainage easement through Greg Hill Park. Mr. Ridings said there is not. Mayor Pro Tem Trevino asked Mr. Ridings if, in his opinion, all reasonable planning i Council Memo HEARING - (Continued) 11 March 31, 1983 has been undertaken to minimize any harm to the park as a result of this use. Mr. Ridings said there has been. Motion The Council, on Councilmember Goodman's motion, Councilmember Duncan's second, closed the public hearing and finding that there is no feasible and prudent alternative to the installation of a drainage easement across Gregg Hill Park, adopted a resolution dedicating a tract of land as a drainage easement across the park. (6-0 Vote) RECESS Council recessed its meeting at 3:52 p.m. and resumed its recessed meeting at 4:05 p.m. DISCUSSION OF A BUILDING Mr. Ron Houston, who owns the building at 2100 Rio Grande, said he is faced with the option of rehabilitating the building or tearing it down. He said he would like "0" zoning and asked Council to tell the Planning Commission to put it on their agenda. He said he does not want to wait nine weeks for the cycle. Ms. Donna Kristaponis, Assistant Director of Planning, told Council this case has been hear previously and the neighborhood is opposed to "O" zoning. She said there are administrative problems concerned with re-opening the case. Mr. Houston said the case has never been up before. Ms. Kristaponis told Council the case can be heard in June unless Mr. Houston wants "H" zoning, then it will take longer. Councilmember Duncan requested it be heard in June. APPROVAL OF WATER SERVICES ASKED Mr. Mel Mathis appeared before Council to request approval of water services to the Perry Tract Subdivision, C8s-830-04, and discuss recommendation of staff and Water and Wastewater. Mr. Schwing felt there would be no adverse impact on the system. Motion The Council, on Councilmember Deuser's motion, Councilmember Goodman's second, voted to approve water services to the Perry Tract Subdivision in the south pressure zone with a variance from established policy. Council Memo 12 SERVICE TO CITY March 31, 1983 Mr. Jerry Strange appeared before Council to present a service to the City for approval. He said he will give a grave site, casket and burial service to any firefighter, police officer or EMS employee killed in the line of duty. Mayor Pro Tem Trevino said Council accepts the service and will forward it to the City Manager to respond to Mr. Strange. WALLER CREEK PROJECT DISCUSSED Mr. Andy Ramirez appeared before Council to discuss Waller Creek Project. He told Council they are proceeding and will report on the concept from an architectural firm in the near future. AUSTIN POLICE DEPARTMENT DISCUSSED Ms. Adela Mancias appeared before Council to say she is upset about the decision of the Grand Jury regarding the Ku Klux Klan parade. SPECIAL USE PERMIT REQUEST Mr. Delber L. Sparks appeared before Council to discuss the Special Use Special Use for four months to allow musical Permit. He said he wanted the Special programs at 183 and Riverside Drive. J Mr. Lonnie Davis suggested Mr. Sparks ask for a temporary and conditional use permit from the Board of Adjustment. POLICE DEPARTMENT DISCUSSED Reverend Cecil Henniger, Church of Christ, discussed the Police Department and the number of tickets he has been given. He said that 95% of the police are all right but there are a few who do dirty tricks and if they can do them to a minister they will do them to others. RECESS Council recessed its meeting at 4:50 p.m. and resumed its recessed meeting at 5:05 p.m. Council Memo 13 March 31, 1983 PUBLIC HEARING - MULTI-FAMILY HOUSING BOND FINANCE PROJCT Mayor Pro Tem Trevino opened the public hearing set for 5:00 p.m. to consider a pool multi-family housing bond finance project proposed by Promontory Park, Rivertree Park, Williamson Creek, Oak Run, Bluff Springs and Gardner Road. Mr. Scheps, Director of Finance, told Council this concerns $17,000,000 in low income units. Ladd Cotella told Council the issue went to market with a AAA rating. Fixed term loans for a 12 year period are established so the rents will be stable. Citizens who live in the units will be of low or moderate income. Bonds for the project were sold throughout the country in two days. Motion The Council, on Councilmember Urdy's motion, Councilmember Goodman's second, closed the public hearing. (6-0 Vote) Motion The Council, on Councilmember Goodman's motion, Councilmember Duncan's second, adopted a resolution approving the issuance of bonds by the Austin Housing Finance Corporation in connection with 1983 Pooled Multi-Family Bond Program, (6-0 Vote) : PUBLIC HEARING - REVISION OF FUEL ADJUSTMENT CHARGE Mayor Pro Tem Trevino opened the public hearing set for 5:15 p.m. on revision of the fuel adjustment charge. Peck Young, Electric Utility Commission Chairman, told Council the Commission recommends the following: 1. The current fuel adjustment charge be abolished. 2. The fuel charge will remain a separate item on the face of the utility bill. 3. In advance of each fiscal year, separate fuel charges will be calculated for the winter billing period and the summer billing period according to "Option 1" (attached) with a provision to revise the charge in an emergency. 4. An emergency 1s specifically defined as any unanticipated loss of access to a source of fuel or unanticipated loss of use of any generating facility. Council Memo CHARGE - (Continued) 14 March 31, 1983 Mr. Young recommended to Council that this should apply to the May 1, 1983 bills. Motion The Council, on Councilmember Duncan's motion, Councilmember Goodman's second, closed the public hearing, waived the requirment for three readings and finally passed an ordinance revising the fuel adjustment charge. (6-0 Vote, Councilmember Mullen was out of the room.) ADJOURNMENT Council adjourned its meeting at 5:20 p.m.