OF است City Council Ron Mullen Mayor John Treviño, Jr. Mayor Pro Tem Council Members Mark Rose Roger Duncan Sally Shipman Mark E. Spaeth Charles E. Urdy Nicholas M. Meiszer City Manager Elden Aldridge Acting City Clerk FOUNDED 185. Austin City Council MINUTES For JULY 7, 1983 - 12:45 P.M. Council Chambers, 301 West Second Street, Austin, Texas Memorandum To: Mayor Mullen called to order the meeting of the Council scheduled for 12:45 p.m., noting the absence of Councilmembers Shipman and Rose who he said were out of town. BUSINESS COMMUNITY DISCUSSED Ms. Portia A. Watson appeared before Council to discuss the East Austin business community.and requested funds. Mayor Mullen referred her to the City Manager's office. AQUA FESTIVAL Mr. Bill Harris appeared before Council to request City support to conduct the Austin Aqua Festival and presented Skipper Pins to Councilmembers. Motion The Council, on Mayor Pro Tem Trevino's motion, Councilmember Spaeth's second, approved City support to conduct the Austin Aqua Festival. (5-0 Vote, Councilmembers Rose and Shipman absent.) MORATORIUM EXEMPTION REQUESTED Mr. C.R. Gilstrap appeared before Council to request exemption from moratorium for property located at 1800 Stassney Lane. Counc11member Duncan requested this be placed on the July 14, 1983 agenda and asked that all other requests for moratorium exemptions be placed directly on the agenda. Council Memo 2 SPECIAL PERMIT VIOLATIONS July 7, 1983 Ms. Pauline Gamble appeared before Council to discuss Special Permit violations. As president of Southwest Neighborhood Association she said she wanted to discuss violations of zoning on Special Permit C14-082-61 by Mr. Rick Goldberg. She said there is a drainage problem and showed slides. She also discussed the buffer zone. : CITIZEN DID NOT APPEAR Byron Taylor who had requested to discuss certain issues did not appear. SPEED LIMITS DISCUSSED Mr. James Essler appeared before Council to discuss the speed limits in the 1500-2300 blocks of Winsted Lane. He said that they had been raised with no public notice and he feels 25 miles per hour is a reasonable speed. Councilmember Duncan requested a copy of Mr. Essler's comments. EXEMPTION REQUESTED Mr. Ernest Perales appeared before Council to request exemption from Capital Recovery Fee Ordinance for property located at 3701 Clawson Road - C14-81-208, Hidden Valley Condominiums. Mr. Paul Tovar who had requested to appear concerning exemption from Capital Recovery Fee Ordinance, did not appear. Council directed that this be included in the July 14, 1983 agenda. PROCLAMATION FOR LIZ CARPENTER Mayor Mullen read a proclamation honoring Liz Sutherland Carpenter for her many contributions to the communications field and proclaiming July 7, 1983 as Liz Sutherland Carpenter Day in Austin. CONSENT ORDINANCES The Council, on Councilmember Urdy's motion, Councilmember Spaeth's second, waived the requirement for three readings and finally passed the following ordinances in one consent motion: (5-0 Vote, Councilmembers Rose and Shipman absent.) Operating Budget Amendment Amended the 1982-83 Operating Budget by: Council Memo 3 July 7, 1983 AMENDMENT - (Continued) a. Accepting $2,214 from the Capital Area Planning Council under Title III of the Older Americans Act of 1965, as amended. b. Appropriating $16,259,596 EPA Grant Funds to construct the Govalle Wastewater Treatment Plant renovation and the digesters and hyacinth pond covers at Hornsby Bend. (64% of estimated costs) Austin Cableviston Equipment Fund 1 Approved authorizing the purchase of Neighborhood Production Facility Video Equipment in the amount of $19,800 from the Austin CableVision Equipment Fund. Interim Access Management Contract ement Approved extension of the current interim access management contract with Austin Community Television Incorporated (ACTV) for an amount of $15,207 per month and a pertod not to exceed September 30, 1983. Cable Franchise Amendment Ordinance Approved amending the Cable franchise ordinance in order to allow Austin Cablevision a six month deferral of providing a home and business security system. CompuVid AlphaNumeric System Approved the expenditure of $15,503 from the Austin Cableviston Equipment fund in order to purchase a CompuVid AlphaNumeric System. Speed Zones Amended the Austin City Code to modify the following Speed Zones: Section 11-2-99(d) - School Speed Zone - 20 mph ADD: Manchaca Road from 308 feet south of Prather Lane (south curb) to 178 feet north of Prather Lane (north curb) Northeast Drive from Bradley Drive (east curb) to Auburn Drive (west curb) East 38 Street from 100 feet west of Clarkson to Cherrywood Road (west curb) DELETE: East 38½ Street from 100 feet west of Clarkson to 100 feet east of T&NO Railroad tracks Council Memo 4 CONSENT RESOLUTIONS July 7, 1983 The Council, on Mayor Pro Tem Trevino's motion, Councilmember Urdy's second, adopted the following resolutions in one consent motion: (5-0 Vote, Councilmembers Rose and Shipman were absent) Disposition of City-Owned Real Estate Approved disposition of certain City-owned real estate: P-103 located at 1301 West 25th Street. Bought for intersection improvements at 25th and Lamar in 1966. Sold to Edward Gillen & Pete Vescovo for $430,167.00. S-163- Located on Moore Road approximately 1/3 mile east of FM 973. Bought for electrical transmission line in 1980. Sold to Malene Howard for $6,160.00 Sale of City-Owned Real Estate Approved the sale of certain City-owned real estate, S-160A, William Cannon at Circle S Road to Pasco Mortgage Corporation for $13,600.00. Release of Easements Authorized release of the following easements: a. A portion of a Water Line Easement recorded in Volume 1446, Page 289, No. 4; a portion of a Sanitary Sewer Easement recorded in Volume 1446, Page 289, No. 1; a portion of a Sanitary Sewer Easement recorded in Volume 1023, Page 609, No. 1 of the Travis County Deed Records, Burnet Road at R.R. 2222. (Requested by The W. E. Simpson Company, Inc.) b. A Public Utility and Drainage Easement dedicated by plat of the Courtyard Phase Two, Block B, Lot 10 and release of a portion of an overlapping 15' Sanitary Sewer Easement as recorded in Volume 6027, Page 1557, of the Travis County Deed Records, 5702 Scout Island Cove. (Requested by Mr. Rayford Price, owner) c. A portion of a 25' Drainage Easement located on Tract 3, Barton Market Square Section II, Prather Lane at Keats Drive. (Requested by Cunningham/Graves, Inc.) d. A portion of an Inundation Easement of record in Volume 300, Page 180 of the Travis County Deed Records insofar as it affects Lot 1, Block A, The Courtyard Phase 5, Courtyard Drive at Loop 360. (Requested by Brown, Maroney, Rose, Baker and Barber) e. The 10' Public Utility Easement on the common lot line of Lots 42 and 43, Highland Park West locally known as 5110 Valley Oak Drive. (Requested by Mr. and Mrs. Charles Williams) f. A 5 Public Utility Easement on Lot 2-A Yates Addition, 2104 Cullen Avenue. (Requested by Ultra Investments, Inc.) Council Memo 5 Capital Improvements Program July 7, 1983 Approved acquisition of a wastewater lift station site and related wastewater and public utility easements for the Onion Creek Wastewater Improvements. CAPITAL IMPROVEMENTS PROGRAM No. 73/23-11. Contracts Approved Approved the following contracts: a. AUSTIN ROAD COMPANY 428 East Anderson Lane Austin, Texas - CAPITAL IMPROVEMENTS PROGRAM Circle "S" Road and South Congress Avenue Intersection Public Works Department - - b. NIGGEL ASSOCIATES OF HOUSTON, INC. 10026 Sussex Lane Austin, Texas c. TRANS-TEX SUPPLY COMPANY 4618 East 7th Street Austin, Texas d. POWER ENTERPRISES, INC. Power Structure Division 2407 Engineers Road Bella Chase, LA e. SIEMENS-ALLIS, INC. 11506 S. Main Street, Suite 400 Houston, Texas f. ALLIED METALS, INC. 2220 Canada Dry Street Houston, Texas g. CLOSNER EQUIPMENT COMPANY .' 1415 West Poplar San Antonio, Texas h. J. H. EMERSON 22 Cottage Park Avenue Cambridge, MΜΑ - $36,723.20 C.I.P. No. 78/62-02 CAPITAL IMPROVEMENTS PROGRAM - South Austin Gym Floor Resurfacing, Public Works Department - $19,280.00 C.I.P. No. 77/86-18 CAPITAL IMPROVEMENTS PROGRAM - Ductile Pipe and Fittings, Water and Wastewater Department Item 17 $9,921.95 C.I.P. No. 82/23-85 - CAPITAL IMPROVEMENTS PROGRAM - Tubular Steel Transmission Poles, Electric Utility Department Items 1 thru 18 - $468,195 C.I.P. Nos: 75/13-07 & 75/13-06 - - Bushings, Electric Utility *Department Item 1 $5,188.00 Tubular Bus Aluminum Seamless Pipe, Purchases and Stores Department Item 2 $5,451.42 Self-propelled Paver, Vehicle and Equipment Services Department Item 1 - 1 ea. - $14,404.00 Ventilator for Brackenridge Hospital Item 11 ea. - $5,871.00 Council Memo CONTRACTS - (Continued) 1. HEWLETT PACKARD 205 Billy Mitchell Drive San Antonio, Texas 6 J. UNION METAL MANUFACTURING COMPANY 8428 Kate Street Dallas, Texas k. CONSOLIDATED BATTERY 906 Prairie Trail Austin, Texas 1. HOFFMAN AIR & FILTRATION SYSTEMS c/o Bruce A. Wilson Company 1462 Brittmoore Road Houston, Texas m. SOUTHERN HERMETICS, INC. 909 Turner Street Houston, Texas - - - - July 7, 1983 ECG Monitor for Brackenridge Hospital Item 11 ea. - $6,010 Streetlight poles and related hardware for Electric Utility Department Items 1-4- $27,095.00 Automotive Batteries, Vehicle Equipment Services Department Twelve (12) Months Supply Agreement Item 1 thru 37 $57,588.00 Air Blower System, Water and Wastewater Department Items 1 thru 5 $43,289.00 Trane Compressor, Water and Wastewater Department Item 1 - $7,300 Equipment Title Transfer Approved transfer title of equipment purchased through Federal Capitation grant funds to Austin Community College ege to be utilized for the original intended purpose of improvement of the nursing education program. Audiological Testing Approved contract with the Texas Department of Mental Health and Retardation, through its Austin State School, to provide audiological testing for children birth to three (3) years. UT Shuttle Bus Stop Authorized the University of Texas to relocate the University of Texas shuttle bus stop from West 5th Street to Campbell Street. Council Memo 7 Gas Sales Contract July 7, 1983 Approved gas sales contract between the City of Austin and Valero Transmission Company. Public Hearings Set Set public hearings on the Jollyville Road Annexation as follows: July 19, 1983 at 4:00p.m. at the site July 21, 1983 at 5:15 p.m. in the Council Chamber Contract for Gas Authorized and approved a contract for the emergency purchase of 9 million cubic feet of natural gas per day for approximately thirty days at a total cost of approximately $877,500.00. EXECUTIVE SESSION Mayor Mullen announced that Council would go into Executive Session pursuant to Article 6252-17 to discuss the following matter, and after such closed or executive session, any action to be taken will be done in open session. City of Austin, et al v. Rugeley contemplated litigation - Section 2, paragraph e $ Council Memo 8 July 7, 1983 SELF FUNDED HEALTH INSURANCE PROGRAM Frank Rodriguez, Director of Management and Budget, presented the City Manager Report on the Status of the Self Funded Health Insurance Program. He said that the fund has been examined for the past few months by the Personnel Department and the Budget Department. "We have projected a substantial funding short-fall for this fund and action is necessary to provide adequate funding for employees health insurance needs through the remainder of the fiscal year. A deficit of $1.9 million is projected for this current fiscal year. City subsidies for employee dependent coverage have increased by approximately 268% above the previous fiscal year requirements and overall the City has experienced an 83% increase in dependent claims. "The major causes of the deficit are as follows: The 81-82 figures may have been inadequate for health insurance projections. During the first three months of last fiscal year several of the claims were still being paid by Connecticut General, our private insurer. This is in the time frame before the self funding insurance was phased in. The taxes and local CPI for medical costs seem to indicate a 10%. However, looking at local hospital rate increases, medical cost inflation seems to be running at a much higher rate. Finally, retiree coverage was budgeted to be taken out of the Retirement System rather than from City Operating Funds. The Retirement Board felt that more analysis was necessary before the transfer of this financial responsibility was executed, therefore, in this fiscal year, retiree coverage is projected to cost $625,000. We looked at various funding options to deal with this year's deficit and have provided two options to Council. One is additional increases in funding by the City and the other is increases in employee-dependent coverage deductions. At this time we will have six pay periods to meet funding requirements. The first option was to increase the City contribution by about $42.00 per FTE and monthly employee/dependent care deductions by $40.00 per child, $80.00 per spouse and $120.00 per family. This funding approach would have increased employee contributions to a level that the City would only be subsidizing the health category of the employee dependents at a 24% overall range. The second option to increase monthly contributions to a level that the City would subsidize health care costs at 24% in effect in 81-82. Option 2 seems to be the preferable approach at this time. The overall cost of the program has been significantly larger than expected, especially in the dependent care coverage category. Second, while not reaching the 81-82 24% subsidy rate for dependent coverage, it will restore some sort of market cost in the overall program. At this point, option 1, which was the larger % is too steep an increase for employees, so option 2 is recommended which will raise from the employee/dependent group, 50% and from the City funds 119% of the total additional revenues of $1.9 million." Mayor Mullen asked that this be included on next week's agenda for action. Councilmember Duncan asked the advantage and disadvantage of doing this now instead of at budget time when the health insurance program will be reconsidered. Mr. Rodriguez said the City would have to find additional funding over the $1.7 million the City is contributing. We would have a $265,000 shortfall and entering into the year with a 50% subsidy rate for employee/dependent. Without increasing the base for bringing in the revenue you are going to have to increase a much larger percent or make some significant structural changes in the program to pay for it during budget time. Mr. Meiszer, City Manager, said if at all possible it would be good to settle this year's problem this year without carrying it into next year and end in the black rather than in the red. Mr. Rodriguez said they will come at budget time with various options. Mayor Mullen said he thinks the City needs to consider using a firm other than BoonChapman. Council Memo 9 July 7, 1983 PROGRAM (Continued) - The following ordinances will be brought back on the July 14, 1983 agenda for consideration: :- (1) Consider an ordinance increasing employee dependent contributions for health insurance requirements in the amount of $264,960.00 가 (2) Consider an ordinance amending the following 1982-83 Fund Ending Balnces for a total amount of $1,666,540 to meet employee health insurance requirements: General Fund, $849,935; Electric, $182,320; Water and Wastewater, $133,323; Hospital $349,973; and all other funds, $149,989. TELEPHONE SYSTEM REQUIREMENTS Jerry James, Management and Budget, presented the City Manager Report on "Interim Solution to City Hall/City Annex Telephone System Requirements" by use of slides. Motion The Council, on Councilmember Duncan's motion, Councilmember Urdy's second, voted to proceed with bidding on telephone system requirements for City Hall/City Annex Telephone System. (5-0 Vote, Councilmembers Rose and Shipman were absent.) PUBLIC HEARING - ANNEXATION TO SPRINGWOOD MUD Mayor Mullen opened the public hearing set for 2:00p.m. to consider the request to annex 20.28 acres of land to the Springwood MUD. Mr. German, Assistant City Manager, reviewed the request. No one appeared to be heard. Motion The Council, on Councilmember Duncan's motion, Mayor Pro Tem Trevino's second, closed the public hearing and adopted a resolution to approve the request by N.P.C. to annex 20.28 acres of land to the Springwood MUD. (5-0 Vote, Councilmembers Shipman and Rose were absent.) ROLES OF BOARDS AND COMMISSIONS Mayor Mullen introduced to Council a discussion of the roles and responsibilities of boards and commissions. "There has been some misunderstanding, I think, on what the purpose is of boards and commissions. There will not be an attempt by this Council to stop anyone from discussing anything or stymie discussion and ideas. | Council Memo ROLES - (Continued) 10 July 7, 1983 What we are trying to do is make sure that each board and commission understands what their charge is in this Council. They don't cross lines, they don't duplicate effort and that they also don't take the place of our staff. We are trying to make sure that we utilize them in the best way possible and they supply us with information information so we can make good decisions up here. They initiate items in their area. They are created sometimes for that and should continue to do that, but we do think there has been a duplication of effort. Too many boards and commissions directing studies...many times they are costly studies. They are not approved or disapproved by the City Council and they should be because we are ultimately responsible for the budget and when boards and commissions have unlimited authority to demand studies of whatever they request, we have serious problems with having the staff complete their other work. We are going to be reviewing all of this and we ask all 450 people involved in boards and commissions to stand by and we will have a hearing on this and everyone can have their say. It will all be public." Councilmember Duncan echoed the Mayor's remarks. He said the expense and time for staff requests need to be looked into. Councilmember Duncan said any needed information should not be denied to board and commission members. Mr. Meiszer, City Manager, said there will be a report shortly. ITEM NOT DISCUSSED An item from Council, "Discussion of the Jollyville Road Area", was not considered because of a fuller report expected in the near future. SB 66 OPPOSITION The Council, on Mayor Pro Tem Trevino's motion, Councilmember Spaeth's second, waived the requirement for three readings and finally passed an ordinance to contibute one cent per-capita (based on 1980 Census population) to the "Texas Municipal League Cable TV Defense Fund" to oppose SB 66. (5-0 Vote, Councilmembers Rose and Shipman were absent.) (Money will come from the franchise fee.) This iteam was introduced to Council by Mayor Mullen SOUTH AUSTIN INFILL STUDY MORATORIUM The Council, on Councilmember Spaeth's motion, Mayor Mullen's second, passed through FIRST READING ONLY, an ordinance amending the moratorium on the purchase of water and wastewater taps in the South Austin Infill Study Area to exempt projects for which a special permit was finally approved on the date the moratorium went into effect. (4-0 Vote, Councilmembers Rose and Shipman were absent, Councilmember Duncan abstained.) Council Memo 11 HARLEM CAB COMPANY, INC. July 7, 1983 Council had before them a resolution to consider transferring the ownership of Harlem Cab Company, Inc. from Mr. M.J. Anderson, Sr. and Mr. M.J. Anderson, Jr. to the Great Southwestern Transportation Company, Inc. Carlos Velasquez, vice-president, Roy's Taxi, said he would like more information. Dr. Benson, Director of Urban Transportation, said he will get the information. Councilmember Urdy expressed concern about having a taxi monopoly in Austin. Terry Davis, representing Harlem Cab Company, asked that there be no delay in the transaction. Mayor Pro Tem Trevino requested this item be brought back for consideration on July 21, 1983. BRACKENRDIGE INHOUSE ACCOUNTING SYSTEM The Council, on Councilmember Spaeth's motion, Mayor Pro Tem Trevino's second, adopted a resolution approving Brackenridge Hospital's purchase of a complete inhouse accounting system at a cost of $350,400.00. (5-0 Vote, Councilmembers Rose and Shipman were absent.) PUBLIC HEARING TO BE CONTINUED Mayor Mullen opened the public hearing set for 3:00p.m. on the request by N.P.C. to create a 329 acre South Central Austin Growth Corridor MUD #1 and said the hearing would be continued on July 14, 1983 at 2:00p.m. Motion The Council, on Mayor Pro Tem Trevino's motion, voted to continue the public hearing to July 14, 1983 at 2:00p.m. (5-0 Vote, Councilmembers Rose and Shipman were absent.) HEARING ON ELECTRIC CODE TO BE CONTINUED Motion The Council, on Mayor Pro Tem Trevino's motion, Councilmember Spaeth's second, voted to continue the 3:00 p.m. continued public hearing on amending the Electrical Code to require all electrical installations in the City of Austin Underground Distribution Network Area to be wired in metal conduit pipe to August 11, 1983 at 3:45 p.m. (5-0 Vote, Councilmembers Shipman and Rose absent) i Council Memo 12 HUMAN RELATIONS COMMISSION REPORT July 7, 1983 John Darrouzet, chairman, Human Relations Commission, reported on the status and recommendations regarding the incidents surrounding the February 19, 1983 Ku Klux Klan rally. He referred to a letter which he had sent to Councilmembers. CITY CLERK DID NOT RECEIVE COPY. He also referred to the report. CITY CLERK DID NOT RECEIVE COPY. Mr. Darrouzet indicated there are six concerns of the Human Relations Commission and asked that the City Attorney draft an ordinance. ITEM PULLED FROM AGENDA The Planning Commission report on Water and Wastewater Information was not discussed. ZONING HEARINGS Mayor Mullen announced Council would hear the zoning cases scheduled for 4:00 p.m. Council heard, closed the public hearing, granted and instructed the City Attorney to draw the necessary ordinances to cover the following zoning changes: C14 -83 068 MRS. VICTOR GLECKLER 5340-5346 Thunder Creek Road By James A. Edwards From Interim "AA" 1st H&A To "LR" 1st H&A RECOMMENDED (as amended) GRANTED AS RECOMMENDED (On Mayor Pro Tem Trevino's motion, Councilmember Duncan's second, 5-0 Vote, C14 -83 WILLIAM B. AND 072 AILEEN SHARP Councilmembers Rose and Shipman absent) 3718 Manchaca Road (On Mayor Pro Tem Trevino's motion, Councilmember Duncan's second, 5-0 Vote, Councilmembers Rose and Shipman absent) From "A" Ist H&A To "0-1" 1st H&A RECOMMENDED GRANTED AS RECOMMENDED Ordinance Passed - Emergency Basis :' The Council, on Mayor Pro Tem Trevino's motion, Councilmember Duncan's second, waived the requirement for three readings and finally passed an ordinance on an emergency basis to cover the following zoning changes: C14-83-072, William B. and Aileen Sharp,, 3718 Manchaca Road, from "A" 1st H&A to "0-1" 1st H&A. (5-0 Vote, Councilmembers Rose and Shipman absent.) Council Memo ZONING HEARINGS (Continued) -! - C14-83 WILLIAMSON CREEK 081 JOINT VENTURE By Geroge Yonge 614-83 AUSTIN 13 Rear of 5200-5400 Nuckols Crossing Road, proposed ext. *of Stassney Lane and proposed Possum Hollow Drive Rear of 1607 & 1621 083 SAENGERRUNDE HOME San Jacinto Street COMPANY By Charles G. Trenckmann C14 r-83 JACK K. DISMUKES 1408 Wheless Lane 084 By Charles S. Teeple 614-83 CITY OF AUSTIN Barrington Oaks 093 PLANNING DEPARTMENT (part) C14-83 DAVID EARL & MARY 5402 Jeff Davis 095 ELIZABETH HOLT C14-83 O.P. & PHILIP 042 BOBITT By S. R. Sheppard 4510-4512 Teri Lane July 7, 1983 From Interim "A" 1st H&A To "A-2" 1st H&A RECOMMENDED GRANTED AS RECOMMENDED From "B" 2nd H&A To "C" 2nd H&A RECOMMENDED GRANTED AS RECOMMENDED From "BB" 1st H&A "C" 1st H&A To RECOMMENDED GRANTED AS RECOMMENDED From Interim "AA" 1st H&A To "AA" 1st H&A RECOMMENDED GRANTED AS RECOMMENDED From "A" 1st H&A To "B" 1st H&A RECOMMENDED GRANTED AS RECOMMENDED From Interim "A" 1st H&A "A-2" 1st H&A To RECOMMENDED GRANTED AS RECOMMENDED C14 h-83 BERGEN-TODD HOUSE 1403-1405 South 014 By Connie Todd Ray Congress From "C" 2nd H&A To "C-H" 2nd H&A RECOMMENDED GRANTED AS RECOMMENDED (On Mayor Pro Tem Trevino's motion, Councilmember Duncan's second, 5-0 Vote, C14-83 CROW-SIMMONS- 020 GOTTESMAN By Sanford L. Gottesman Councilmembers Rose and Shipman absent.) 2200, 2236 & From "DL" Ist H&A 2250 Carmichael Blvd. To "B" 1st H&A RECOMMENDED GRANTED AS RECOMMENDED (On Mayor Pro Tem Trevino's motion, Councilmember Duncan's second, 5-0 Vote, Councilmembers Rose and Shipman absent) Council Memo 14 July 7, 1983 ZONING HEARINGS - (Continued) The Council, on Mayor Pro Tem Trevino's motion, Councilmember Duncan's Ordinance Passed - Emergency Basis 2. second, waived the requirement for three readings and finally passed an ordinance on an emergency basis to cover the following zoning change: C14-83-020, Crow-SimmonsGottesman, 2200, 2236 & 2250 Carmichael Blvd. from "DL" 1st H&A to "B" 1st H&A. (5-0 Vote, Councilmembers Rose and Shipman absent) C14 r-83 HEADWAY TEXAS, INC.2104 East Anderson 061 By Thompson Associates Lane From "DL" 1st & "GR" To "3" H&A "B" 3rd H&A RECOMMENDED GRANTED AS RECOMMENDED (On Mayor Pro Tem Trevino's motion, Councilmember Duncan's second, 5-0 Vote, Councilmembers Rose and Shipman absent) Ordinance Passed Emergency Basis The Council, on Mayor Pro Tem Trevino's motion, Councilmember Duncan's second, waived the requirement for three readings and finally passed an ordinance on an emergency basis to cover the following zoning change: HeadwayTexas, Inc., 2104 East Anderson Lane, from "DL" 1st & "GR" 3 H&A to "B" 3rd H&A. (5-0 Vote, Councilmembers Rose and Shipman absent.) ---- ---- ------ C14 -83 UNIVERSITY 077 PRESBYTERIAN CHURCH 2207 San Antonio Street From "B" 2nd H&A To "C" 2nd H&A RECOMMENDED GRANTED AS RECOMMENDED (On Mayor Pro Tem Trevino's motion, Councilmember Duncan's second, 5-0 Vote, Councilmember Rose and Shipman absent) --------- C14-83 PROVIDENT DEVELOP-6102-6104 Hill Forest From "A" 1st H&A 058 MENT COMPANY By J. Morton Drive To "A-2" 1st H&A RECOMMENDED subject to agreement between neighbor and applicant. GRANTED AS RECOMMENDED (On Mayor Pro Tem Trevino's motion, Councilmember Duncan's second, 5-0 Vote, Councilmember Rose and Shipman absent) Council Memo 15 July 7, 1983 ZONING HEARINGS - (Continued) C14-83 HIGHLAND C14 066 HOSPITALITY, INC. By Howard Brunson 803-809 Tirado, also bounded by Middle Fiskville Road -83 THOMAS E. HUGHES 3418 Blumle Street 070 C14 -83 CAPITAL CITY 071 STEEL COMPANY By Brad Shearer From "C" 1st H&A To "C" 3rd H&A RECOMMENDED subject to 5' of right-of-way on Tirado. GRANTED AS RECOMMENDED From Interim "A" 1st H&A To "GR" 1st H&A RECOMMENDED subject to parking lot use and existing use. GRANTED AS RECOMMENDED 6717 Circle S. Road From Interim "A" 1st H&A "DL" 1st H&A To RECOMMENDED subject to to restrictive covenant to allow access to adjacent property owners through easement. GRANTED AS RECOMMENDED C14 -83 ROBERT L. PHILLIPS 402 West 44th Street From "A" 1st H&A 076 To "BB" 1st H&A RECOMMENDED "BB" tied to site plan. GRANTED AS RECOMMENDED (On Mayor Pro Tem Trevino's motion, Councilmember Spaeth's second, 5-0 Vote, Councilmember Rose and Shipman absent.) -- - C14-83 FLOYD CANTWELL 078 By Thomas A. Goebel 4505 Spicewood Springs Road From Interim "A" 1st H&A To "0-1" 1st H&A RECOMMENDED subject to site plan. GRANT AS RECOMMENDED Mr. Lillie reviewed by slides. He said the land use in the immediate vicinity is an office project directly to the east of the application and across the street there are some condominium developments and a veterinarian clinic and churches. Planning Commission feels "0" is appropriate and a site plan should be submitted so they can see the character of the land development in relation to other things going on on the street. Scott Roberts, representing the applicant, listed the conditions the developer agrees to: Council Memo ZONING HEARINGS - (Continued) 16 July 7, 1983 1. The building will be limited to no more than 35 ft. in height. The building will not exceed more than 20,000 square feet of gross heated area. 2. 3. 4. We will not have impervious cover that exceeds 80%. The exterior finishes will be masonry and glass. The use of the glass will be limited to no more than 70% of exterior surfaces. 5. All mechanical and elevator equipment that is roof mounted will be screened from view. 6. All building signs will meet the zoning ordinance requirements for "0-1" zoning. Tom Goebel, applicant, asked Council for their approval. (On Councilmember Duncan's motion, Councilmember Urdy's second, 5-0 Vote, Councilmembers Shipman and Rose absent) - C14-83 AUSTIN SCOTTISH 049 RITE COMPANY, INC. By R. Alan Haywood 201 W. 18th Street 200 & 204 West 17th Street & 1700-1710 Colorado Street Mr. Lillie reviewed by use of slides. From "B" 3rd H&A To "C" 3rd H&A RECOMMENDED subject to 10! setbacks. GRANTED AS RECOMMENDED Dr. Bob Slobaugh spoke in opposition. He feels it will affect the Capitol views corridor. Mr. Lillie said there has been an agreement to a 10' setback from the street. Alan Haywood said the zoning is proper because the other property in the area is already zoned "C". (On Councilmember Duncan's motion, Mayor Pro Tem Trevino's second, (5-0 Councilmembers Shipman and Rose absent.) C14 -72 CHAPPELL 1500 blk. E. Anderson RECOMMENDED amendment 015 INVESTMENTS, LTD. Lane By David Armbrust to Restrictive Covenant GRANTED AS RECOMMENDED (On Councilmember Duncan's motion, Mayor Pro Tem Trevino's second, 5-0 Vote, Councilmembers Shipman and Rose absent.) Council Memo ZONING HEARINGS (Continued) 18 July 7, 1983 C14-80 114 NASH PHILLIPS COPUS By Bill Carson One Oak Trail & 4800 Blk. of McCarty Lane RECOMMENDED amendment to Restrictive Covenant GRANTED AS RECOMMENDED (On Councilmember Duncan's motion, Mayor Mullen's second, 5-0 Vote, Councilmembers Rose and Shipman absent.) -- C14-82 KARL H. MOELLER, 1514-1516 Parkway 132 TRUSTEE To approve site as submitted on May 10, 1983, subject to relocating garage on unit A from the East to the south, Unit A is to be constructed on Pier and beam, turfstone is to be used on driveway when possible. GRANTED AS REQUESTED (On Councilmember Duncan's motion, Mayor Pro Tem Trevino's second, 4-0 Vote, Councilmember Spaeth abstained, Councilmembers Rose and Shipman absent.) C14-80 114 NASH PHILLIPS COPUS 6400 Brush Country RECOMMENDED to approve By Bill Carson : site plan. GRANTED AS RECOMMENDED (On Councilmember Duncan's motion, Mayor Pro Tem Trevino's second, 5-0 Vote, C14-83 LEFFLER MILLWORK 067 COMPANY By Howard Dorris Councilmember Rose and Shipman absent.) 6813, 6813B, 6813C & From "A" 1st H&A 6815 McNeil Road To "D" 2nd H&A also bounded by NOT RECOMMENDED Technology Blvd. RECOMMENDED "D" 2nd, save and except for that portion of the subject tract located between Technology Blvd. and a line drawn 60' parallel to the property line which abutts Technology Blvd., subject to right- of-way as required to create 45' on McNeil Road from centerline. GRANTED AS RECOMMENDED (On Councilmember Duncan's motion, Mayor Pro Tem Trevino's second, 5-0 Vote, Councilmembers Rose and Shipman absent.) Council Memo 18 ZONING HEARINGS - (Continued) Zoning Case Heard - Action on July 14 July 7, 1983 Council heard the following zoning case, closed the public hearing and will take action on July 14, 1983 at 3:45 p.m. C14-83 RICHARD SIEVERS 075 (For ROBERT 1604 E. 11th Street By Leslie Johnson SIEVERS) From "B-H" 2nd H&A 'Το "Ο-Η" 2nd H&A RECOMMENDED subject to restrictive covenant to tie zoning to proposed use; zoning will rollback in the event the use ceases. - CLOSED PUBLIC HEARING ACTION 7/14/83 (On Councilmember Duncan's motion, Councilmember Urdy's second, 5-0 Vote, Councilmembers Mr. Lillie reviewed by use of slides. Rose and Shipman absent.) Ms. Leslie Johnson, representing the applicant, Dr. Eric Comstock, said the proposed use will be a medical physician's office. Dr. Comstock is a medical toxicologist. He proposes to renovate the structure as historic and make necessary changes to operate as his medical office. Proposed staff size is three or four and daily patient count would be ten to 20. Parking will be at the rear of the property with insignificant traffic increase on East 11th Street. Ms. Johnson said the Holy Cross Church next door to the area approves the zoning change. She passed a letter to Council which she asked to be put on record. CITY CLERK DID NOT RECEIVE. Dr. Eric G. Comstock, applicant, explained the practice of medical toxicology. He said his practice will consist of people seen by appointment who have a disease process related to some type of poison. A lot of his practice deals with medical/legal issues, environmental pollution, injuries on the job due to substances such as lead, arsenic, mercury, and the effects of asbestos on workers. Dr. Comstock emphasized his practice is not a detoxification program. It has nothing to do with alcohol or alcoholics. It deals with poisonous substances as they occur in the work place and in our environment and problems of adverse reactions that occur to drugs from time to time in a patient's treatment for an illness. Susan Phillips, realtor, said no offer has been made to keep the house as a single-family residence. She said it would take $250,000 to restore the property and favors the re-zoning. James E. Moseley, O.B. Conley who are both residents of the area oppose the zoning change. Dr. Exalton Delco spoke in support of the zoning change. Mayor Mullen said the public hearing would be closed and a vote taken next week when all Councilmembers are present. Councilmember Urdy said he could not support "0" zoning. (On Councilmember Duncan's motion, Councilmember Urdy's second, to close the public hearing and vote next week. (5-0 Vote, Councilmembers Rose and Shipman absent.) Council Memo ZONING HEARINGS (Continued) 19 July 7, 1983 Action Postponed The Council, on Mayor Pro Tem Trevino's motion, Councilmember Duncan's second, postponed action on the following zoning cases because Councilmember Shipman, who was out of town, requested the cases be pulled for discussion. (5-0 Vote, Councilmembers Rose and Shipman absent.) C14 -83 M. D. THOMSON & 073 WILLIAM M. BROOKS By Miguel "Mike" Guerrero 1000-1010 Banister Lane & 3708-3818 Garden Villa Lane From "A" 1st H&A To "0" 1st H&A RECOMMENDED TO BE HEARD: 7/14/83 AT 4:00 P.M. C14-83 MT. BONNELL SHORES 4114-4400 Mt. Bonnell A 22-unit residential 008 SECTION ONE, LOTS Road 1-22, P.U.D. By LRB Joint Venture, H.H. Wiener, and Mt. Bonnell Shores Venture P.U.D. EXISTING ZONING: Interim "LA" & "A", 1st H&A TO BE HEARD 7/14/83 AT 4:00 Ρ.Μ. C14-83 JOHN B. HOWELL 069 By Elvis G. Schulze 1107 W. 45th Street 4421 Bellvue Avenue From "A" 1st H&A To "0-1" 1st H&A RECOMMENDED (as amended) subject to restrictive covenant, access to West 45th only, 5' of right-of-way on Bellview, restricted to law office use, rollback to "A" once use discontinues. TO BE HEARD 7/14/83 AT 4:00 Ρ.Μ. C14-83 C. B. FRANCIS 092 By Jean Bringol 10609 & 10820 Jollyville Road From Interim "AA" 1st H&A To "BB" 1st H&A RECOMMENDED subject to dedication of 70' of right-of-way to accommodate the proposed extension of Braker Lane. TO BE HEARD 7/14/83 AT 4:00 Ρ.Μ. Council Memo ZONING HEARINGS - (Continued) 20 C14 -83 ROBERT & RICHARD 11715 Bell Avenue 085 JENKINS By Barry M. Campbell July 7, 1983 From "AA" 1st H&A To "0" 1st H&A NOT RECOMMENDED RECOMMENDED "0" ist with 25' buffer of "A" on northernmost property line. TO BE HEARD 7/14/83 AT 4:00 P.M. -83 WILLIAM R. 087 DICKINSON By William D. Brown 1400 Lorrain Avenue From "B" 1st H&A To "0" 1st H&A NOT RECOMMENDED TO BE HEARD 7/14/83 AT 4:00 Ρ.Μ. C14-83 JAY JOHNSTON 3404 Glenview 033 By Wm. Terry Bray 3405 Jefferson From "A" 1st H&A To "0" 1st H&A NOT RECOMMENDED TO BE HEARD 7/14/83 AT 4:00 Ρ.Μ. C14-80 J. L. WATSON 239 COMPANY, INC. By Bob Harbin 9501 North Lamar also bounded by Longspur RECOMMENDED amendment to Restrictive Covenant TO BE HEARD 7/14/83 AT 4:00 Ρ.Μ. C14r-83 SYLVION KIVLIN 044 5917-6599 South IH-35 From Interim "A" 1st H&A To "GR" 1st H&A RECOMMENDED TO BE HEARD 7/14/83.AT 4:00. Ρ.Μ. ADJOURNMENT Council adjourned its meeting at 5:37 p.m.