OF AU 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 POUNDED 1839 Austin City Council MINUTES For AUGUST 4, 1983 - 12:45 Ρ.Μ. Council Chambers, 307 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 Mayor Pro Tem Trevino who was out of town. Councilmember Spaeth left the Council Chamber, due to 111ness, after the second roll call. MINUTES APPROVED The Council, on Councilmember Shipman's motion, Councilmember Duncan's second, approved Minutes for Regular Meetings of July 7, 14, 21, 1983 and Special Meeting of July 19, 1983. (5-0 Vote, Councilmember Rose out of the room, Mayor Pro Tem Trevino absent.) MAYOR OF APPLE VALLEY, MINNESOTA INTRODUCED Mayor Mullen introduced to the Chamber audience Mayor Marlis Obergaard of Apple Valley, Minnesota. LIGNITE DISCUSSED Ms. Jane Morris appeared before Council to discuss lignite matters. She said there are other ways to meet capacity demands and Council should not rush to include Fayette III in the bond package. DRIVEWAY CUTS Ms. Brooks Kasson, co-president, South River City Citizens, discussed the increase in driveway cuts on Riverside Drive between Newning and Academy. She said beauty is being sacrificed for the cuts and Urban Transportation should do a study concerning the effect of the cuts. Councilmember Duncan asked that a report be brought back on the August 11, 1983 agenda. Council Memo 2 STNP DISUSSED August 4, 1983 Mr. Neil Bischoff appeared before Council to ask questions about the sale possibilities of Austin's share of the South Texas Nuclear Project. HOUSING ORDINANCE DISCUSSED Mr. Craig Roberts appeared before Council to discuss violations of Housing Discrimination Ordinance. CITIZEN DID NOT APPEAR Mr. Steve Jenkins, who had requested to appear before Council to discuss Cornerstone Development, did not appear. His problem was resolved. LONG RANGE ENERGY & UTILITY POLICY Mr. Matthew R. Sorenson appeared before Council to discuss long range energy and utility policy. He said Austin should not have any more growth. POLICE COMMUNITY SERVICE DIVISION Ms. Rita Segura discussed Community Service Division of the Police Department and said store front police centers should be considered. Ms. Segura suggested the seven community centers could be used. Mayor Mullen pointed out that store front police centers were once used in Austin. He asked Chief Dyson to speak to Ms. Segura concerning this and to report back to Council concerning their discontinuance. Councilmember Duncan said he wants information concerning the phone box system. CONSENT ORDINANCES The Council, on Councilmember Duncan's motion, Councilmember Spaeth's second, waived the requirement for three readings and finally passed the following ordinances in one consent motion. (6-0 Vote, Mayor Pr Tem Trevino absent otherwise noted.) Operating Budget Amendments - unless a. Amended the 1982-83 Operating Budget by appropriating $22,000 to proceed with updating and reverification of a telephone system for the City Hall Community Complex, (Municipal Building, Annex, Travis Building and Brown Building, as well as other remote switches); and authorize staff to enter into appropriate contract. b. Accepted $306,298.00 for a seventh year renewal application from the National Council of Senior Citizens for Title V Older Americans Act funds. Council Memo BUDGET AMENDMENTS - (Continued) 3 August 4, 1983 c. Appropriated $1,913,500 from the Ending Balance of the following funds to meet employee health insurance requirements: (Option II) General Fund $ 956,750 Electric Fund 220,100 Water & Wastewater Fund 162,650 Hospital Fund 401,800 Other Funds 172,200 1,913,500 Item Pulled During the consent motion, Council pulled from the agenda consideration of an ordinance increasing employee dependent contributions for health insurance by 50%. Capital Improvements Program Approved transferring $50,000.00 from renovation of Fire Station No. 4; $20,000 to be transferred to modernization of Fire Station No. 1 and $30,000 to be transferred for alterations to four stations (9,10,11 and 12). CAPITAL IMPROVEMENTS PROGRAM No. 79/83-01. Item Withdrawn During the consent motion, Council withdrew consideration of an ordinance granting an exemption to property located at 4105 South First Street from the Zoning Change Moratorium because this had already been resolved. Capital Improvements Program Amended the 1982-85 Capital Improvements Program to change the limits of William Cannon Drive Construction. Zoning Ordinances Amended Chapter 13-2 of the Austin City Code (Zoning Ordinance) to cover the following changes: a. GREYSTONE LIMITED By Jack C. Goodman C14r-83-193 7120-7340 MoPac Boulevard From "A" 1st H&A to "LR" 2nd & "LR" 1st H&A Council Memo 4 August 4, 1983 ZONING - (Continued) b. CITY OF AUSTIN PLANNING DEPARTMENT C14-82-172 913-1807 Ed Bluestein Blvd., 1925-1957 Smith Road From Interim "AA" Ist H&A to "D" 3rd H&A c. DOYLE WILSON BUILDERS, 8006, 8100, 8102, 8104 From Interim "AA" Ist INC. By Joe Lucas C14-81-108 S. First Street H&A to "AA" 1st H&A d. CARL E. & MADELINE R. YOCUM & JAMES E. BITTNER C14-80-140 e. MRS. VICTOR GLECKLER By James A. Edwards C14-83-068 f. AUSTIN SAENGERRUNDE HOME COMPANY By Charles G. Trenckmann C14-83-083 g. DAVID EARL & MARY ELIZABETH HOLT C14-83-095 3709 & 3713 Birch Street From "MH" 1st H&A to to "0-1" 1st H&A 5340-5346 Thunder Creek Road Rear of 1607 & 1621 San Jacinto Street From Interim "AA" 1st H&A to "LR" 1st H&A From "8" 2nd H&A to "C" 2nd H&A 5402 Jeff Davis From "A" 1st H&A to "B" 1st H&A Antonio From "B" 2nd H&A to "C" 2nd H&A h. UNIVERSITY PRESBYTERIAN 2207 San Jacinto CHURCH C14-83-077 Street (5-0 Vote, Councilmember Shipman abstained because she is a member of the church; Mayor Pro Tem Trevino absent.) 1. CITY OF AUSTIN PLANNING Barrington Oaks (part) From Interim "AA" 1st H&A DEPARTMENT C14-83-093 to "AA" 1st H&A J. BERGEN-TODD HOUSE By Connie Todd Ray C14h-83-014 k. OLD ANDERSON HIGH SCHOOL C14h-83-015 1403-1405 South Congress From "C" 2nd H&A to "C-H" 2nd H&A 1607 Pennsylvania From "A" 1st H&A to "A-H" 1st H&A EMERGENCY PASSAGE OF ORDINANCE Council Memo ZONING - (Continued) 5 1. WELDON D. LAMB 4901 Spicewood. By C.O.R. Construction, Springs Road Inc. C14-82-156 August 4, 1983 From Interim "A" 1st H&A to "0-1" 1st H&A m. JAMES C. HUDSON C14-83-056 EMERGENCY PASSAGE OF ORDINANCE 1700-1704 W. 6th St. From "A" 1st H&A to "0-1" 1st H&A EMERGENCY PASSAGE OF ORDINANCE (5-1 Vote, Councilmember Shipman voted No, Mayor Pro Tem Trevino absent) At this point, Councilmember Spaeth left the Council Chamber. CONSENT RESOLUTIONS. The Council, on Councilmember Duncan's motion, Councilmember Rose's second, adopted the following resolutions in one consent motion: (5-0 Vote, Councilmember Spaeth and Mayor Pro Tem Trevino absent.) Portion of ETJ Released to West Lake Hills i Approved releasing a portion of ETJ to the City of West Lake Hills. Restrictive Covenant Termination Consented to the termination of restrictive covenant prohibiting residential use on approximately 14 acre tract at 2104 E. Anderson Lane. Dedication of City-Owned Properties Approved the dedication of four (4) City-owned properties; two (2) for street purposes and two (2) for wastewater (tunnel) easement purposes. They are: 1. Area for street widening purposes for the North Bluff Phase II project. The area to be dedicated is part of the City property purchased for the Williamson Creek Treatment Plant. 2. Area for street improvement purposes for the Nuckols Crossing Road improvement project. The area to be dedicated is also part of the City property purchased for the Williamson Creek Treatment Plant. Council Memo PROPERTIES - (Continued) 6 August 4, 1983 ت 3. Area for the Onion Creek Wastewater Improvement Project. The ten foot strip will be used as a wastewater tunnel easement. The area to be dedicated is part of the City property purchased for the Lime Sludge Disposal Facility at the end of Shaw Lane. 4. Area for the Onion Creek Wastewater Improvement Project. The ten foot strip will be used for a wastewater tunnel easement. The area to be dedicated is also part of the City property purchased for the Lime Sludge Disposal Facility at the end of Shaw Lane. Certification Certifed that right-of-way for the East Stassney Lane and I.H. 35 Interchange was acquired in accordance with applicable Federal and State policies and laws. Release of Easements Authorized release of the following easements: a. A Blanket Electric Easement recorded in Volume 677, Page 531 of the Travis County Deed Records. (Requested by the City of Austin Electric Department) b. A portion of an Electric Easement recorded in Volume 433, Page 545; portion of a Blanket Electric Easement recorded in Volume 660, Page 465 and a portion of an Electric Easement recorded in Volume 4035, Page 2064 of the Travis County Deed Records insofar as they affect an 8.62 acre tract of land out of the Santiago Del Valle Grant (unplatted) 2426 Cardinal Loop. (Requested by the Sun West Group Inc.) c. A Utility Easement recorded in Volume 1219, Page 452 of the Travis County Deed Records, U.S. 290 East at Wheless Lane. (Requested by Mr. Jack Dismukes) d. A portion of an Electric Easement recorded in Volume 524, Page 524 of the Williamson County Deed Records and located on Tract A. Allen Acres and a portion of an Electric Easement recorded in Volume 524, Page 528 of the Williamson County Deed Records and located on Lot 1, Balcones Village Section 12. (Requested by Cunningham/Graves, Inc.) e. A portion of an Electric and Telephone Easement recorded in Volume 6087, Page 760 of the Travis County Deed Records and located on Lot 12, Block P, The Hills of Lost Creek Section 3, 6100 Diamond Head Drive. (Requested by the City of Austin Electric Department) f. The 5' Public Utility Easement on Lot 15, Travis Landing No. 2, Phase 3. (Requested by Ralph Harris Surveyors, Inc.) 1 Council Memo EASEMENTS - (Continued) 7 g. The Public Utility Easement between lots 18 and 19, Lake Ridge Estates, Section 3, 402 Laurelwood Drive. (Requested by Charob Investments) h. The Public Utility Easement along the rear of Lots 10, 15, and 16, Timberwood Subdivision, 3405 Timberwood Circle. (Requested by Clark, Thomas, Winters and Shapiro) August 4, 1983 1. A portion of an Electric and Telephone Blanket Easement recorded in Volume 666, Page 264 of the Travis County Deed Records insofar as it affects Lots 23 and 24, Northcape Section 4 revised, Middle Fiskville Road at Northcape Drive. (Requested by Langtry Investment Builders) j. An Electric Easement recorded in Volume 4408, Page 2329 of the Travis County Deed Records and located on Lot B, Acme Brick Addition. (Requested by Ralph Harris Surveyors, Inc.) k. An Electric Overhang Easement recorded in Volume 2828, Page 122 of the Travis County Deed Records, West 34th Street at Shoal Creek Boulevard. (Requested by Metcalfe Engineering Co., Inc.) 1. A portion of the Public Utility Easements on Lot 1-A, the Park at Battle Bend, 904-1000 Battle Bend Boulevard. (Requested by Mr. Harvey Lane, owner) m. The 5' Public Utility Easements on the side lot lines of Lot 3, Enfield F Subdivision, 1506 Hartford Road. (Requested by Mrs. Ollie Bible on behalf of Suzanne M. Craig Harrington) License Agreements Approved entering inth the following License Agreements: a. To allow the encroachment of landscaping into the public right-of-way adjoining Block D, West Gate Square Commercial, Westgate Boulevard at Western Trails Boulevard. (Requested by the Kucera Company.) b. To allow the encroachment of landscaping into the public right-of-way of Austin Center Boulevard, and Austin Center Drive, Far West Boulevard, Wood Hollow Drive, North Hills Drive and the MoPac Frontage Road, 3401 Far West Boulevard. (Requested by Mr. Jay C. Tapp) c. To allow the encroachment of off-grade sidewalk into the public right-of-way adjoining Lot 15, Block I, Outlot 1, Duval Addition, 1221 West 6th Street. (Requeted by Mr. Roger Joseph) Council Memo 8 Capital Improvements Program August 4, 1983 Acquired a certain tract of land for the East Riverside Drive - Newning to 1.H. 35 project. CAPITAL IMPROVEMENTS PROGRAM No. 73/62-03 Approved an agreement with the State Department of Highways and Public Transportation for the construction of Stassney Lane Bridge across I.H. 35. CAPITAL IMPROVEMENTS PROGRAM No. 81/62-26. Approved the following Change Order: In the amount of $15,311.00 to Lendell Builders, Inc. for the modernization of Fire Station No. 1. (5/2% increase of the original contract.) a. Contracts Approved Approved the following contracts: ROCKFORD BUSINESS INTERIORS 5524 Bee Cave Road Austin, Texas b. AUSTIN ROAD COMPANY 428 East Anderson Lâne Austin, Texas c. ABEL CONTRACT FURNITURE EQUIPMENT 10300 Metric Boulevard Austin, Texas d. Bid award: (1) WESTINGHOUSE ELECTRIC SUPPLY CO. 9230 Research Boulevard Austin, Texas (2) TEMPLE, INC. (MBE) 8746 Shoal Creek Boulevard Austin, Texas - - - CAPITAL IMPROVEMENTS PROGRAM Modular Furniture, Public Works Department Item 145 $25,619.96 C.I.P. No. 82/60-08 CAPITAL IMPROVEMENTS PROGRAM Robertson Hill Area Street and Sidewalk Improvements Phase VII, Short Hackberry Street, Public Works Depart- ment - $20,896.50 C.I.P. No. 78/61-02 - CAPITAL IMPROVEMENTS PROGRAM Office Furniture, Public Works Department Items 1-8 & 10-12 - $21,461.83 C.I.P. No. 82/60-08 - CAPITAL IMPROVEMENTS PROGRAM Transformers, Electric Utility Department - $98,307.00 C.I.P. No. 81/15-01 Item 1 - $33,651.00 - Items 2 & 3 - $64,656.00 : : Council Memo CONTRACTS - (Conti med) e. BESCO, INC. 1616 West 5th. Street Austin, Texas f. WINDRIDGE, INC. 6505 Brownwood Ct. Austin, Texas 9 g. SOUTHWAY ELECTRIC UTILITY SERVICE 9705 Beck Circle Austin, Texas h. Bid award: (1) CALDWELL ELECTRIC SHOP, INC. 2015 S. Industrial Drive Waco, Texas (2) CAPITOL BOLT & SUPPLY (MBE) 410 East 3rd Street Austin, Texas (3) DOUGLAS ELECTRONICS 1118 South Staples Corpus Christi, Texas (4) GENERAL ELECTRIC SUPPLY COMPANY 3101 Longhorn Blvd., #116 Austin, Texas (5) GRAYBAR ELECTRIC COMPANY 7434 N. Lamar Boulevard Austin, Texas - - - August 4, 1983 CAPITAL IMPROVEMENTS PROGRAM - Capacitors, Electric Utility Department Item 2 - $2 $277,921.00 C.I.P. No. 83/14-02 - CAPITAL IMPROVEMENTS PROGRAM Installation of underground electric, telephone and cable T.V. distribution facilities for Bee Creek Hills Addition, Electric Utility Department $25,272.14 C.I.P. No. 83/15-01 CAPITAL IMPROVEMENTS PROGRAM - Insulators, Electric Utility Department Item 1 - $43,200 C.I.P. No. 82/13-02 Electric Standard Building Maintenance Materials, Electric Utility Department Six (6) Month Supply Agreement Total $41,481.00 To serve as backup vendor if low bid awardee fails to timely supply City's requirements. Items 37, 39, 41-44, 46-47, 49, 51, 175 Item 196 Items 2-9, 11-15, 25-26, 28-29, 31, 33-34, 36, 40, 45, 48, 50, 52-53, 56-87, 90-92, 97-99, 102- 125, 129-141, 143, 145-146, 148- 168, 170-172, 210, 212-224, 226- 236, 238, 242-247, 254, 256-259, 265-269, 272-275 Items 10, 27, 30, 32, 54-55, 88-89, 93-96, 100-101, 142, 144, 147, 169, 173, 211, 225, 249-253, 255, 264, 270-271, 276 Council Memo 10 August 4, 1983 CONTRACTS - (Continued) (6) GULF COAST ELECTRIC SUPPLY CO. Items 176-195, 197-209 3207 Polk Avenue Houston, Texas Items 239-241, 260-263 : (7) SHERMAN ELECTRONIC SUPPLY, INC. 702 San Pedro Avenue San Antonio, Texas (8) TEMPLE, INC. 8746 Shoal Creek Boulevard Austin, Texas (9) THE WALTER TIPS COMPANY 200 Colorado Austin, Texas 1. GENERAL ELECTRIC COMPANY 7100 Regency Square Boulevard Houston, Texas j. WESTINGHOUSE ELECTRIC CORPORATION 201 N. St. Mary's Suite #512 San Antonio, Texas k. SIEMENS-ALLIS, INC. 12200 Northwest Freeway, Suite 415 Houston, Texas 1. RIVER CITY AIR AND HYDRAULICS, INC. 10426 North Lamar Austin, Texas m. n. CARLSON CLEANING EQUIPMENT, INC. 4714 Nuckols Crossing Road Austin, Texas Bid award: (1) ALAMO IRON WORKS 101 Montana San Antonio, Texas - - - - - - - Items 1, 35, 38, 126-128, 174, 248 Items 16-24, 237 Repair Parts for Holly #4 Generator, Electric Utility Department Items 1 thru 9 - $6,144.21 Repair Parts for Seal 011 Unit Regulators at Holly Power Plant Units 1, 2 & 3, Electric Utility Department Items 1 thru 12 - $6,851.00 Electric Motor for Decker Unit No. 1, Electric Utility Department Item 1 - $5,824.00 Synflex Hoses, Fittings and Accessories, Vehicle and Equipment Service Department Twelve (12) Month Supply Agreement Items 1 & 2 - $25,000 Steam Cleaner, Vehicle and Equipment Service Department Item 1 - $5,478.00 Paint and Paint Supplies, Various City Departments Twelve (12) Month Supply Agreements Estimated total $41,689.00 Items 6, 13, 37 ; i ! Council Memo CONTRACTS - (Continued) (2) BRADFORD PAINT COMPANY 401 Guadalupe Austin, Texas (3) BRODHEAD-GARRETT COMPANY 2448 Industrial Park Drive Macon, Georgia (4) PPG INDUSTRIES, INC. 624 N. Lamar Boulevard Austin, Texas 11 (5) SHERWIN-WILLIAMS PAINT COMPANY 5795 Airport Boulevard Austin, Texas (6) TCI PAINT AND DECORATING CENTER 625 W. Ben White Boulevard Austin, Texas (7) THE WALTER TIPS COMPANY 200 Colorado Street Austin, Texas (8) W. H. RICHARDSON COMPANY, INC. 3708 Woodbury Austin, Texas o. RETROTEC ENERGY INNOVATIONS, LTD. 176 Bronson Avenue Ottawa, Ontario, Canada p. GERBER MANUFACTURING COMPANY, INC. 1655 East 12th Street Mishawaka, Indiana q. CHEMICAL AND TURF SPECIALTY COMPANY r. s. 10440 Plano Road Dallas, Texas BAR-MAC ROOFING & SUPPLY, INC. 3621 Silver Dollar Circle Austin, Texas YOUNG & PRATT, INC. 702 East 3rd Street Austin, Texas - - - - - - August 4, 1983 Items 11, 17-18 Items 8-10, 34-35 Items 3-5, 7, 14-16 Items 43-44 Items 29, 46 Items 1, 12, 19, 36, 38, 40, 45 Items 2, 20-28, 30-33, 39, 41-42 Fan Measurement System, Energy Management Department Item 1 $16,721.40 - Uniform Officers Jackets, Police Department 150 each $5,543.00 Live Greens Grass Seed, Parks and Recreation Department 8,650 lbs. - $6,686.45 Roofing Repairs at Urban Transportation Department, Toomey Road Facility - $37,438.00 Energy Conservation Improvements D.O.E. Cycle IV, Phase II (1983) at Brackenridge Hospital - $79,370.00 : Council 12 Water & Wastewater Approach Mains Approved the following water and wastewater approach mains: a. BRADFORD PROPERTIES - August 4, 1983 Water approach main to serve Great Hills 19 and approve participation in the Spicewood Springs Discharge Improvements. No City cost participation. b. RALPH H. ROACH, INC. Wastewater approach main to serve Greystone Center III and approve participation in the Upper Shoal Creek Diversion Project. No City cost partici- pation. c. TAO ASSOCIATES - Wastewater approach main to serve The Newning Place and approve participation in the WatersMark Approach Main Contract. No City cost participation. d. KEN BURGE COMPANY i - Wastewater approach main to serve Freewater Addition, Lot 3 and approve participation in the WatersMark Approach Main Contract. No City cost participation. Water approach main to serve Giddings Tract and approve participation in the Northwest "B" Phase I Reservoir Project e. RANDY MORINE BUILDER, INC. - f. RANDY MORINE BUILDERS, INC. - Improvements. No City cost participation. Wastewater approach main to serve Giddings Tract and approve participation in the Northwest Travis County Municipal Utility District No. 1. No City cost participation. Public Hearing Set Set a public hearing on Service Area Amendment to include Skyline Park, which has 36.2 acres of residential and commercial development containing about 255 LUE's for August 25, 1983 at 4:00 p.m. Council Memo 13 Neighborhood Watch Cadet Patrol Program August 4, 1983 Approved the application of the Austin Police Department for a Neighborhood Watch Cadet Patrol Program grant from the State of Texas, Criminal Justice Division. Waste Treatment Seminar & Audit Approved On-Site Waste Treatment Seminar and Audit. Standard Rehabilitation Loan Approved CDBG funds for Standard Rehabilitation Loan in the following amount and authorize staff to enter into appropriate contract: Consolidated Services Corporation - $19,450.00. Grant Application Approved submission of a grant application in the amount of $130,000 for a Land and Water Conservation Fund administered by the Texas Parks and Wildlife Department, to complete two (2) ball fields at Walnut Creek Metropolitan Park. Law Firm for Certificate of Need Work Approved Brackenridge Hospital to retain the law firm of Brown, Maroney, Rose, Baker and Barber to assist in Certificate of Need Work. Contract for Natural Gas Authorized extension for approximately sixty days current contract for the emergency purchase of 9,000 mcf of natural gas per day at a total cost not to exceed $2,000,000. Central Texas Advisory Council Approved appointment of Val Dunnam as Austin's representative on the Central Texas Advisory Council. Street Lighting Entered into an agreement with the Texas State Department of Highways and Public Transportation for operation and maintenance of street lighting on Loop 1 between F11 2244 to Highway 290. Council Memo 14 Legal Counsel Re Rate Increase Request August 4, 1983 Approved employment of Don Butler as legal counsel regarding Southern Union Gas Company's rate increase request. Public Hearings Set Set public hearings on the following: a. Creation of the Maple Run Municipal Utility District: August 11, 1983 at 7:00 p.m. b. Amending Chapter 13-3 (Subdivision Ordinance) of the Austin City Code related to the life of preliminary plan and PUDS and various procedural requirements: August 25, 1983 at 2:00 p.m. c. Amendments to Chapter 13-3 (Subdivsion Ordinance) of the Austin City Code and Ordinance No. 810514-D (Wastewater Approach Main Ordinance) related to commitments for service by entities other than the City of Austin: August 25, 1983 at 2:05 p.m. d. Three proposed street easements on City-owned parkland required for the CDD 12 Street Improvements Project: September 1, 1983 at 2:00 p.m. e. Proposed rate change by Southern Union Gas Company: September 8, 1983 at 4:00 p.m. f. Appeals of the Planning Commission's decision to grant: 1. A Waterway Development Permit to Lanier Village Apartments, 833 Fairfield Drive from Mr. Glenn W. Chavers: August 11, 1983 at 8:00 p.m. 2. A Special Permit to Tommy B. Thompson for a 156-unit apartment project known as "Brook Meadow Apartments" from Mr. Merle L. Moden, Case No. C14p-83-063: August 11, 1983 at 8:00 p.m. 3. A Special Permit to Embrey Investments, Inc. for a 224-unit apartment project known as "The Windmill Phase II Apartments" from Mr. Merle L. Moden, Case No. C14p-83-057: August 11, 1983 at 8:00 p.m. g. An amendment to Chapter 13-2 (Zoning Ordinance) of the City Code on refiling of zoning change requests: September 8, 1983 at 3:00p.m. h. Reschedule two hearings for Perry Brooks, Joint Venture, presently set for August 10, 1983, at 5:00p.m. for September 8, 1983 at 2:00 p.m. 1. Suspension of rate schedule of Southern Union Gas Company for August 11, 1983 at 5:45 p.m. Council Memo HEARINGS SET - (Continued) 15 August 4, 1983 j. The proposed use of General Revenue Sharing Funds: August 11, 1983 at 7:00 p.m. LATER IN THE DAY: Mayor Mullen told Council the notices of the hearings have already been sent for 2:00p.m. He said Council can schedule the hearing for that time and note on the agenda the hearing will be continued at 7:00 p.m. Motion The Council, on Councilmember Shipman's motion, Mayor Mullen's second, reconsidered the motion setting the public hearing. (5-0 Vote, Councilmember Spaeth and Mayor Pro Tem Trevino absent.) Motion The Council, on Councilmember Urdy's motion, Councilmember Shipman's second, set the public hearing on proposed use of General Revenue Sharing Funds for August 11 at 2:00p.m. with hearing to be continued at 7:00p.m. the same day. (5-0 Vote, Mayor Pro Tem Trevino, Councilmember Spaeth absent.) Bond Resolution Reaffirmation Adopted a resolution reaffirming the bond resolution issued by AIDC and approved by Council June 1, 1983 for the issuance of Industrial Revenue bonds in the amount of $9,500,000.00. METROPOLITAN TRANSIT AUTHORITY Mayor Mullen and Councilmember Rose introduced a discussion of a Metropolitan Transit Authority and set the date of August 29, 1983 at 4:00 p.m. for an MTA work session in the third floor conference room in City Hall. REQUEST FOR MORATORIUM EXEMPTION DENIED The Council DENIED the request of Mr. C.R. Gilstrap to pass an ordinance exempting property located at 1800 Stassney Lane from Water & Wastewater Tap Ordinance moratorium.on Councilmember Duncan's motion, Councilmember Shipman's second, (5-0 Vote, Councilmember Spaeth and Mayor Pro Tem Trevino absent.) Council's reason for denying the moratorium exemption is that they said they cannot set a new precedent before November 8, 1983, when the moratorium ends. Mr. Gilstrap said he began the process in February. One water tap was mistakenly rescinded and he has two sewer taps and no water tap. Mr. Schwing, Director of Water and Wastewater, said there will be a tap available in November and said there has been miscommunication among the property owners. Council Memo 16 INFILL STUDY EXEMPTION DENIED August 4, 1983 The Council, on Councilmember Duncan's motion, Councilmember Shipman's second, DENIED the request of Mr. Daniel Perez Jr. to pass an ordinance exempting property located at 212 West Stassney Lane from the Infill Study Moratorium. (5-0 Vote, Councilmember Spaeth and Mayor Pro Tem Trevino absent.) PARADE PERMITS The Council, on Councilmember Urdy's motion, Mayor Mullen's second, waived the requirement for three readings and finally passed an ordinance amending Chapter 11-4 of the City of Austin Code regarding Parade Permits. (5-0 Vote, Councilmember Spaeth and Mayor Pro Tem Trevino absent.) TRANSFER OF WATER & WASTEWATER LUE'S The Council, on Councilmember Duncan's motion, Councilmember Rose's second, waived the requirement for three readings and finally passed an ordinance relative to the transfer of water and wastewater living unit equivalents (for four lots in Quail Creek and Quail Hollow which have existing commitments for service to the Le Petit Day Care Center on Rutland Drive) (5-0 Vote, Councilmember Spaeth and Mayor Pro Tem Trevino absent.) Prior to the vote, Acting City Attorney, Jonathan Davis, told Council, "The question is if we still want the $500 per living unit equivalent transferred which is what the initial indication was." Mr. Schwing, Director of Water and Wastewater, indicated he would have no problem with that. Mr. Davis asked, "Is the Council authorizing the director to, in his discretion, when the restrictive covenant has been recorded to go ahead and approve the transfer or do you want some other body, including but not limited to the City Council, to make those approvals." Mayor Mullen said, "As far as I'm concerned go ahead and do it. It's an administrative decision and if it is within the same watershed or in the same proximity that would be the only parameters. Does Council feel like there needs to be other parameters?" Mayor Mullen asked Mr. Schwing to tell, if someone asks him about this, how he will proceed. Mr. Schwing stated, "We feel the transfer should be within the same pressure zone for water, within the same drainage basin for wastewater." Mayor Mullen said, "With those parameters and a $500.00 fee I would like to see it done administratively." Mr. Schwing said that is fine. Mr. Davis said, "The third thing, we had suggested that no building permit would be issued for the property receiving the transfer until and unless combined water and wastewater taps had been purchased which will of course affect the Director of Building Department. Do you have any problems with that?" Mr. Schwing stated, "We feel that no building permits should be issued until water and wastewater tap has been purchased because this is the protection the City has for those properties where the tap has been given up and if someone did not have to go get a water and wastewater tap prior to obtaining a building permit, conceivably they could go and obtain a building permit, build a building and then come in and demand service and saying we should have notified them of it." Mayor Mullen said, "O.K. that's good. That's what you're wanting in the ordinance and that's your proposal. That's the way we would like to have it then." 17 A The deleted paragraph reads as follows: That the City Manager ve, and hereby is authorized to enter into a contract for professional engineering services for the Abilene Trail to Oake Hill water main with Turner, Collie & Braden, Inc. in the amount of $55,000.00. The resolution reads as follows: BE IT FURTHER RESOLVED: That the City Manager and his staff be directed to meet with the property owners along the proposed route who desire service or have pending requests for service and who might be willing to participate in the cost of the line; to provide the following information the total number of living unit equivalents available through the line before and after storage is provided, the number of living unit equivalents necessary for service improvements to existing customers, and the number of living unit equivalents available for new service; to determine any cost participation and allocation of living unit equivalents in an equitable manner; and to bring back a proposal to the City Council. Council Memo 17 COUNTY LIVESTOCK SHOW August 4, 1983 The Council, on Councilmember Urdy's motion, Councilmember Rose's second, adopted a resolution approving schematic plans for development of Lake Walter E. Long area by Austin-Travis County Livestock Show. (5-0 Vote, Councilmember Spaeth and Mayor Pro Tem Trevino absent.) : REVISION TO SITE PLAN The Council, on Councilmember Duncan's motion, Mayor Mullen's second, adopted a resolution revising site plan for property located at 602 and 604 West 8th Street. (C14-82-082) (5-0 Vote, Councilmember Spaeth and Mayor Pro Tem Trevino absent.) RESOLUTION RECONSIDERED The Council, on Councilmember Rose's motion, Councilmember Duncan's second, adopted a resolution to reconsider a resolution passed June 30, 1983 to select professional engineering services for Abilene Trail Oak Hill Water Main for the Water and Wastewater Department CAPITAL IMPROVEMENTS PROGRAM No. 83/22-25 and remove the first part of that resolution. (5-0 Vote, Councilmember Spaeth and Mayor Pro Tem Trevino absent.) SEE PAGE 17 A FOR DELETED PARAGRAPH AND RESOLUTION. EXECUTIVE SESSION Mayor Mullen announced that Council will convene in a closed or executive session authorized by Section 2, Paragraph (f) sale of real estate, of Article 6252-17, Texas Revised Civil Statutes annotated; and after such closed or executive session, any final action, decision or vote with regard to any matter considered in the closed or executive session will be made in open session, should such action, decision or vote be necessary. RECESS Council recessed for executive session at 2:20 p.m. and resumed its recessed meeting at 2:40 p.m. CONTRACT APPROVED WITH MERRILL LYNCH The Council, on Councilmember Duncan's motion, Councilmember Rose's second, adopted a resolution approving a contract with Merrill Lynch to perform as divestiture agent for sale of City's share of the South Texas Nuclear project. (5-0 Vote, Councilmember Spaeth and Mayor Pro Tem Trevino absent.) Prior to the vote, Mr. Ed Aghjayan, Director of Electric Utility, outlined answers to questions that had been asked at July 21, 1983 Council Meeting. Larry Sinkin, co-chairman of Sell STNP, said the City is not working on the Council Memo CONTRACT - (Continüed) the cancellation. 18 August 4, 1983 RECESS Council recessed its meeting at 2:54 p.m. and resumed its recessed meeting at 3:05 p.m. - PUBLIC HEARING APPEAL OF BUILDING STANDARDS COMMISSION'S DECISION Mayor Mullen opened the public hearing set for 3:00p.m. on an appeal from Mr. Edwin H. Golden of the Building Standards Commission's decision to demolish the structure at 4000 South Congress Avenue. He informed the Council that Mr. Golden is out of town and has requested a one week postponement of the hearing. After discussion, Council made the following motion: Motion The Council, on Councilmember Duncan's motion, Councilmember Shipman's second voted to hold the public hearing August 11, 1983 at 1:45 p.m. (5-0 Vote, Councilmember Spaeth and Mayor Pro Tem Trevino absent.) RECESS Council recessed its meeting at 3:10 p.m. and resumed its recessed meeting at 4:10 p.m. PUBLIC HEARING - ANNEXATION Mayor Mullen opened the public hearing set for 4:00 p.m. on annexation of FM 1325 fromeurrent city limit ureth to IH 35 Ms. Donna Kristaponis, Assistnat Director of Planning, said the proposed annexation includes 1,539.76 acres of land 500 feet along either side of F.M. 1325. This expands to follow current property lines or other boundaries such as Municipal Utility Districts along the corridor. Full purpose annexation is proposed from the intersection of the existing City limit line at Kramer Lane and F.M. 1325 to extend to Round Rock's extraterritorial jurisdiction (ETJ). Martin E. Parker, 15101 FM 1325, said he had lived at that address for 58 years and thinks City taxes will cause him to move. He asked what amount they will be. He also asked what size utility lines will be in the area and whether or not they will be commercial. Mr. Parker also asked about the Merriltown Cemetery where his family for three generations is buried. He wanted to know who will take care of it. He does the caretaking now. : Council Memo ANNEXATION - (Continued) 19 August 4, 1983 Steve Slawson, who lives in North Ridge Acres, wondered why the City does not take in all of the area and not just the first 500 feet and give everyone police and fire protection. Donna Kristaponis answered questions asked. She said taxes would begin in January, 1985. She said Mr. Schwing could answer questions about utilities. The Council, she said, usually zones property as it is currently zoned when bringing it into the City. Staff can, at a later date, work on the rezoning of the whole subdivision. Mr. Ridings, Director of Public Works, stated that the City does not maintain cemeteries like Merriltown Cemetery. Motion The Council, on Councilmember Shipman's motion, Councilmember Urdy's second, closed the public hearing on annexation of FM 1325 from current City limits north to I-35. (5-0 Vote, Councilmember Spaeth and Mayor Pro Tem Trevino absent.) ZONING HEARINGS Mayor Mullen announced Council would hear the following zoning cases scheduled for 4:00p.m. Council heard, closed the public hearings, granted and instructed the City Attorney to draw the necessary ordinances to cover the following zoning changes: C14-83 101 JOHN R. CRAIG, TRUSTEE 11300 Jollyville From "BB" 1st H&A Rd. By James A. Edwards Το "0-1" 1st H&A RECOMMENDED GRANTED AS RECOMMENDED 4607-4609 E. 12th Street 9208-9504 Great Hills Trail C14 h-83 4014 Avenue H C14-83 ARTHUR G. BELL, 106 ET UX By Robert Jones C14-83 GIBRALTER SAVINGS 112 ASSOCIATION By B111 Carson C14-83 RICHARD & JANET 117 MATHYS By Miguel Guerrero ZIMMERLI- 016 ROSENQUIST HOUSE By Gray W. & Margaret D. Stuart "A-2" 1st H&A 119 W. Stassney Lane From "GR" 1st H&A To "A-H" 1st H&A RECOMMENDED GRANTED AS RECOMMENDED WITH FINDING OF FACT a, c, f, h, i, k, l, m From "A" 1st H&A To "BB" 1st H&A RECOMMENDED GRANTED AS RECOMMENDED From "A" & "0" 1st H&A To RECOMMENDED GRANTED AS RECOMMENDED To "C-1" 1st H&A RECOMMENDED GRANTED AS RECOMMENDED From "A" 1st H&A 1 Council Memo ZONING - (Continued) 20 August 4, 1983 C14 h-83 SMITH-PHILLIPS 017 HOUSE By City of Austin 502 W. 14th Street From "0" 2nd H&A Το "Ο-Η" 2nd H&A RECOMMENDED GRANTED AS RECOMMENDED WITH FINDING OF FACT a, b, d, f, h, 1, k, 1 and m C14 h-78 WELLS-LARUE 003 HOUSE C14 By Rosemary Proll 912 West 26th Street From "B-H" 2nd H&A To "B" 2nd H&A RECOMMENDED GRANTED AS RECOMMENDED -83 AGNES K. McANGUS 3508-3600 South 1st 089 By William D. Brown C14 r-83 ODAS JUNG 105 By Jerry L. Harris Boulevard and 4114 509 E. Ben White Terry-0-Lane C14-83 W. S. SERVICE 118 CORP. 2015 E. Riverside Drive By Jack Morton From "A" 1st H&A To "B" 1st H&A RECOMMENDED GRANTED AS RECOMMENDED From "D" Ist H&A To "C-2" 1st H&A RECOMMENDED GRANTED AS RECOMMENDED From "GR" 1st H&A To "C-2" 1st H&A RECOMMENDED GRANTED AS RECOMMENDED (On Councilmember Duncan's motion, Councilmember Shipman's second, 5-0 Vote, Councilmember Spaeth and Mayor Pro Tem Trevino absent.) C14-93 LARRY PEEL, ET AL 4709 Spicewood 090 By John F. Springs Road Rita Williamson Harrison/Roy Bechtol/Roy Beard/ From "AA" & Interim "A" 1st H&A To "A-2" 1st H&A RECOMMENDED "A-2" 1st granting variance to allow administrative approval for relocation of buildings and parking lot of maximum of 20' subject to site plan approval.. GRANTED AS RECOMMENDED (On Councilmember Shipman's motion, Councilmember Urdy's second, 5-0 Vote, Councilmember Spaeth and Mayor Pro Tem Trevino absent.) : Council Memo ZONING - (Continued) C14-83 EMILE JAMAIL 099 By Jeryl Hart Engineers 21 4101-4409 Bull Creek Road (F.M. 2222) also bounded by proposed Creek Mountain Drive August 4, 1983 From "AA" 1st H&A To "A" 1st H&A RECOMMENDED subject to approval of preliminary subdivision and no access to FM 2222 from front lots. GRANTED AS RECOMMENDED (On Councilmember Shipman's motion, Councilmember Urdy's second, 4-0 Vote, Councilmember Shipman voted No, Councilmember Spaeth and Mayor Pro Tem Trevino absent.) C14-83 JOHN N. BIGGAR 107 By John Meinrath C14-83 SAM G. MCDONALD 116 By Lester Suber C14-83 CITY OF AUSTIN 103 PLANNING DEPART- MENT 10501, 10503, 10509, 10511 & 10513 Brownie Drive and 601 & 605 Applegate Drive 300-602 W. Powell Lane 301 & 309 E. Wonsley Drive also bounded by Gessner Drive (Valid petition filed & withdrawn. Neighborhood & applicant in agreement.) : C14-83 WARREN L. BROZ 109 By Robert T. Counts : 4823 Spicewood Springs Road From Interim "AA" 1st H&A To "A" 1st H&A RECOMMENDED subject to the dedication of 5 feet of right-of-way on Brownie Drive. GRANTED AS RECOMMENDED From "A" 1st H&A To "C" 1st H&A RECOMMENDED "C" 1st H&A Applicant is in agreement with right-of-way require- ment. GRANTED AS RECOMMENDED From "A" 1st H&A To "B" 1st H&A RECOMMENDED subject to site plan approval; applicant is to work with Urban Transportation on eliminating driveway on East Wonsley; ap- plicant is to meet with neighborhood. GRANTED AS RECOMMENDED From Interim "A" 1st H&A To "0-1" 1st H&A RECOMMENDED "0-1" 1st H&A Applicant is in agreement with right- of-way requirement. GRANTED AS RECOMMENDED (On Councilmember Shipman's motion, Councilmember Urdy's second, 5-0 Vote, Councilmember Spaeth & Mayor Pro Tem Trevino absent.) Council Memo ZONING - 22 (Continued) C14 h-83 SEIDERS-PETERSON 1105 W. 40th Street 019 HOUSE By City of Austin August 4, 1983 From "A" 1st H&A Το "A-H" 1st H&A GRANTED AS RECOMMENDED WITH FINDING OF FACT h, i, k, m (On Councilmember Urdy's motion, Councilmember Shipman's second, 5-0 Vote, Councilmember Spaeth and Mayor Pro Tem Trevino absent.) : C14-81 ROBERT KING 067 By John Noell End of Trent Drive & rear of 10923 U.S. 183 Amendment to Restrictive Covenant RECOMMENDED GRANTED AS RECOMMENDED (On Councilmember Shipman's motion, Mayor Mullen's second, 5-0 Vote, Councilmember Spaeth and Mayor Pro Tem Trevino absent.) C14-80 ALTON E. SCOTT 039 6615 Manchaca Road also bounded by Barge Street Amendment to Restrictive Covenant RECOMMENDED noting deletion of paragraph #1, add 15' building setback in paragraph #2, request that staff initiate a zoning change to "0-1". GRANTED AS RECOMMENDED (On Councilmember Duncan's motion, Councilmember Urdy's second, 5-0 Vote, Councilmember Spaeth and Mayor Pro Tem Trevino absent.) C14-83 CHARLES W. 096 CROSLIN, JR. 1617 West 6th Street From "B" 2nd H&A Το "0-1" 2nd H&A RECOMMENDED as amended subject to site plan, limited to a maximum height of 49 feet. GRANTED AS RECOMMENDED WITH HEIGHT GEARED TO HIGH POINT OF PITCHED ROOF Ms. Donna Kristaponis, Assistant Director of Planning, reviewed the case by use Council Memo ZONING - (Continued) 23 August 4, 1983 of slides. Randy Handlkeimer, Concerned Citizens of West Austin, talked about the slope of the property. : Charles Croslin, architect, told Council the neighborhood had asked them to have 49' height and they had agreed. He showed plans and measurements. (On Councilmember Duncan's motion, Councilmember Rose's second, 5-0 Vote, Councilmember Spaeth and Mayor Pro Tem Trevino absent. ---- C14-83 NATER INVESTMENTS, 5220 Thunder Creek 113 INC. Road, also bounded By J. Cary Barton by Angus Road From "A" 1st H&A To "0-1" 1st H&A RECOMMENDED subject to berm on easternmost portion of tract to divert water, remove 30' from easterly side of "L" shaped building, 5' of right-of-way on Angus Road, relocation of driveway between trees as indicated on site plan. GRANTED AS RECOMMENDED Ms. Kristaponis reviewed by use of slides. Bob Penrose, representing the applicant, showed plans complying with requests. Al Whitcomb, president, Mesa Park Civic Association, said sidewalks should be continued and additional setbacks are needed for compatibility. Peggy Croscill, who lives on Madrona Drive, said the dumpster is at her backyard. She wants it moved and a privacy fence erected. Aubrey Hursick said he has had water in his house in the area and does not feel the water retention technique is adequate at this time. Alvin Stuckly, 11704 Madrona, said he wants a privacy fence. Ron Barrett said his main concern is about water in their houses. Orville Wiley said there is not enough water detention areas. Bob Penrose returned to say they have added a berm, fence and detention ponds and said their property does not cause all of the flooding. Council Memo 24 August 4, 1983 Councilmember Shipman, in her motion, approved subject to staff review of site plan and site plan attached to ordinance, and sidewalks and curbs are to be included. (on Councilmember Shipman's motion, Councilmember Urdy's second, 5-0 Vote, Councilmember Spaeth and Mayor Pro Tem Trevino absent.) ---------- C14 r-83 CALLAWAY-COLEMAN 110 JOINT VENTURE By David B. Armbrust 2630 Capital of Texas Hwy. From Interim "AA" 1st H&A To "0" 1st H&A RECOMMENDED subject to rollback to "BB" 1st H&A. GRANTED "BB" 1st H&A AS AMENDED WITH 14 UNITS PER ACRE SERVICE AREA AMENDMENT TAKEN CARE OF - Ms. Kristaponis reviewed by use of slides. Councilmember Duncan asked about whether the property is in the water and wastewater service area. Bert Cromack, Save Barton Creek Neighborhood Association, said there would be no great problem. (On Councilmember Shipman's motion, Mayor Mullen's second, 5-0 Vote C14 r-83 WALNUT CREEK 120 PROPERTIES By Richard P. Martinez Councilmember Spaeth and Mayor Pro Tem Trevino absent.) 5900-6400 Ed Bluestein Boulevard also bounded by Loyola Lane (On Councilmember Shipman's motion, Mayor Mullen's From Interim "A" 1st H&A To "DL" 2nd H&A NOT RECOMMENDED RECOMMENDED "DL" 1st but recommend 2nd H&A for building envelope only, in no case shall the 2nd H&A be within 100' of Ed Bluestein, flood plain, subject to restrictive covenant for type of industry prohibiting hazardous materials, site plan approval at time of subdivision. GRANTED AS RECOMMENDED second, 5-0 Vote, Councilmember Spaeth and Mayor Pro Tem Trevino absent.) Council Memo ZONING HEARINGS - (Continued) 25 Zoning Denied August 4, 1983 The Council, on Councilmember Shipman's motion, Councilmember Urdy's second, voted to DENY the following request for a zoning change: (5-0 Vote, Mayor Pro Tem Trevino and Councilmember Spaeth absent.) C14-83 LILLIAM ANN COLVIN 100 By Steve Erickson 310 W. Oltorf St. From "A" 1st H&A To "LR" 1st H&A NOT RECOMMENDED DENIED Zoning Case Withdrawn The Council, on Councilmember Shipman's motion, Mayor Mullen's second, voted to allow applicant to WITHDRAW the following application for zoning change: (5-0 Vote, Councilmember Spaeth and Mayor Pro Tem Trevino absent.) C14-83 121 R.B. LEWIS, CO. By Craig B. Alter 1404-1408 Rabb Road From Interim "A" & "A" 1st H&A Το "A-2" 1st H&A WITHDRAWN Zoning Cases Postponed Council voted to POSTPONE the following zoning cases: C14-83 108 GASTON DEVELOPMENT CO. & GARLAND DEVELOPMENT CO. By Richard W. Vaughn 6908-7102 S. Pleasant Valley Rd. C14-83 102 NORBERT A. LEHMAN By Jack M. Kirby 10933 Jollyville Rd. From "AA" 1st H&A To "BB" 1st H&A POSTPONE TO AUGUST 11, 1983 From Interim "AA" 1st H&A To "0-1" 1st H&A RECOMMENDED as amended POSTPONE TO AUGUST 11, 1983 C14-82 014 Hwy. WESTVIEW DEVELOP- 4911 Capitol of Texas MENT COMPANY By Planned Environments From Interim "AA" 1st H&A Interim "LA" 1st & To "A" 1st H&A "A-2" 1st H&A POSTPONE TO SEPT. 1, 1983 (On Councilmember Rose'e motion, Mayor Mullen's second, 5-0 Vote, Councilmember Spaeth and Mayor Pro Tem Trevino absent.) Council Memo ZONING HEARINGS - (Continued) C14-83 DEVERE EDWARDS 094 By Pamela Baitz 26 503 Beaver, also bounded by Guadalupe Street August 4, 1983 From "A" 1st H&A Το "A-2" 1st H&A RECOMMENDED "A-2" 1st and Urban Transportation is to conduct a study to determine if a stop sign is warranted at Beaver and Guadalupe. POSTPONE TO SEPTEMBER 1, 1983 C14-83 035 JOE F. GRAY, JR. ET AL By Robert C. Sneed C14-83 4918 Hamilton Lane --------- VILLAGE JOINT 074 VENTURE By Bruce N. Sloan - From Interim "AA" 1st H&A Το "C" 1st H&A RECOMMENDED subject to 10' of right-of-way. POSTPONE TO AUGUST 11, 1983 4606-4710 & 4816- 5308 Convict Hill Road, also bounded by Dry Wells Road and Woodcreek Road 5107-5227 & 6401-6905 Beckett Road 5303-5317 McCarty Ln. 5000 Cornelia Drive also bounded by Rolling Meadows Rd. and proposed William Cannon Drive From Interim "AA" 1st H&A Το Trs. 1,2,3, & 6 "A-2" 1st H&A: Trs. 4 & 5 "AA" 1st H&A: & Tr. 7 "BB" 1st H&A NOT RECOMMENDED RECOMMENDED Trs. 1 & 2 "A-2" 1st H&A: Tr. 3 "AA" 1st; Tr. 4 "AA" 1st; Tr. 5 "AA" 1st; Tr. 6 "A-2" 1st and Tr. 7 "BB" 1st H&A "AA" zoned tracts will be allowed to utilize amenity package; construction of "AA" lots is to be under the same conditions as previous "AA" zoned tracts; the developer is not to request a certificate of occupancy for 18 months on all tracts excluding "AA" zoned lots. CONTINUE PUBLIC HEARING ON NEW INFORMATION ON AUGUST 25, 1983 at 6:15 p.m. Donna Kristaponis reviewed the application by use of slides. Scott Roberts, representing the applicant, NPC, discussed what they think are the merits. Council Memo ZONING - (Continued) 27 August 4, 1983 Joe McCann, 5504 Westview Road, said the proposal signifies poor planning and would like to see A-2 on Tract 7 with a density of 12 units per acre. Gary Anderson, APAC West, an umbrella organization in southwest Austin, said they are concerned with density and the number of units. He suggested the following, Tract 1, 13 units per acre; Tract 2, 63 units; Tract 3, 4 units; Tract 4, 1 unit; Tract 5, 33 units; Tract 6, 62 units; and Tract 7, A-2 with 12 units per acre. Sarah Sommers, president, Western Oaks Neighborhood Association, said she wants to see the character of the neighborhood preserved and presented a petition with 267 signatures. Jim Riggs said he agrees. Bert Cromack said the area is in the recharge zone. Ginger Zachinsky spoke in opposition to the re-zoning and said beautiful single family homes are being built around them. Bill Peak also spoke against. He said the roadway is bad, the water and gas pressure is already too low in the neighborhoo and there are not enough police. Joe Palmer reiterated the remarks. Scott Roberts summed his presentation by saying that they realize gas and water pressure is a problem but they will not want a Certificate of Occupancy for 18 months. He said NPC is asking for the following: Tract 1, 16 units per acre; Tract 2, 86 units; Tract 3, 4 units; Tract 4, 1 unit; Tract 5, 33 units; Tract 6, 62 units; Tract 7, 154 units. Council decided to bring this back on August 25, 1983, for a decision. RECESS Council recessed its meeting at 6:40 p.m. and resumed its recessed meeting at 7:15 p.m. PUBLIC HEARING - TRANSFER OF CAB OWNERSHIP Mayor Mullen opened the public hearing set for 5:00 p.m. on transfer of 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. Mr. Jonathan Davis, Acting City Attorney, stated, "This is the same opinion that we voiced two or three weeks ago. The transfer can take place without Council approval. If I am not mistaken I think I read in the paper that the transfer may alread have taken place. It has been our opinion for a number of weeks that the Council did not need to approve or ratify the transfer of the stock and you should have the memo from Mr. Irion of our office dated July 28th that sets out the reasons for our opinion." Discussion followed concerning whether or not the franchise can also be transferred. Councilmember Urdy said "We have one franchise signed by one person and substantial changes have been made." Carl Bayer, representing Harlem Cab Company and Austin Cab Driver's Association told Council the transfer is bad for the public, the Council and the drivers. He said more competition is needed. With this transfer, 40% of the market has been taken over by 30% of the market. He feels the ordinance has been violated. Council Memo 28 August 4, 1983 CAB TRANSFER - (Continued) Ronald Means, Harlem cab driver, said he thinkd there are discrepancies in the contract and discussed the changes. He said he feels the cab drivers have no rules protecting them. He asked Council to give the drivers their own franchises or medallions. Mr. Means said the Yellow Cab Company is late with its taxes and Austin could take their franchise. Councilmember Duncan said he would like to find out if this is true. James Sylvester, Chief of the Anti-Trust Division, Attorney General's Office, said the transfer is being reviewed. Carol Hadnot, Black Citizens Task Force, thinks there should be a moratorium until September, 1984 on permits for Yellow Cab Company. Stacy Suits, Urban Transportation Commission, asked Council to deny the sale and designate a moratorium until September, 1984. Carlos Velasquez said the sale should be denied and he opposes a moratorium. Robert Velasquez, said the permits should be distributed equally. Council raised several questions and Mayor Mullen said the issue will be studied and he called a Special Called Council Meeting for Monday, August 8, 1983 at 4:00 p.m. on the transfer of ownership of the Harlem Cab Compnay, Inc. Mayor Mullen asked for staff reports to be presented at the meeting. Motion The Council, on Councilmember Urdy's motion, Councilmember Duncan's second, closed the public hearing and voted to have a Special Called Meeting on August 8, 1983 at 4:00 p.m. (5-0 Vote, Councilmember Spaeth and Mayor Pro Tem Trevino absent.) TRANSIT SYSTEM ROUTE & SCHEDULE MODIFICATIONS Mayor Mullen opened the public hearing set for 6:00p.m. on proposed transit system route and schedule modifications as recommended by the Urban Transportation Commission and City Staff. Tom Parker, General Manager, Austin Transit System, showed maps and routes and explained the changes. Barbara George, regular rider on Southwest Park and Ride, asked that smaller buses be used for their route rather than cancelling it. She feels the route should be extended past Oak Hill and give the route more publicity. She said it is expensive to build and maintain roads for automobiles. Mr. Parker and Dr. Benson both said the problem is being taken under consideration. Motion The Council, on Councilmember Shipman's motion, Councilmember Urdy's second, closed the public hearing and approved schedule modifications as recommended by the Urban Transportation Commission and City staff. (5-0 Vote, Councilmembers Spaeth and Mayor Pro Tem Trevino absent.) Council Memo : 29 August 4, 1983 PUBLIC HEARING - APPEAL BY BLACKLAND NEIGHBORHOOD ASSN. Mayor Mullen opened the public hearing set for 7:00p.m. on an appeal filed by the Blackland Neighborhood Association on the Building Standards Commission's approval of relocation of a structure from 2010 Leona Street to 2503 East 8th Street. Mr. Lonnie Davis, Director of Building Inspection, said the people of Blackland do not want the house moved out of the neighborhood and showed slides. He said the question has not arisen concerning condition of structure or location being moved to. Ms. Catherine Poole told Council, "We are presently meeting with UT officials to try to find means by which we can afford to relocate houses UT has purchased in our neighborhood. (Blackland) Those negotiations are proceeding very well. We have met twice with UT administrators and City officials, which include Mr. Hersman, and representatives from the Office of Neighborhood Revitalization and the Department of Human Services. Since we are still in the process of negotiating details on an agreement between the three parties, it would be improper to discuss at this time the details but I will say the communication has been positive and there are some promising aspects under consideration. We of the Blackland Neighborhood, and we are joined by Mr. Hersman on this request, ask you to postpone any decision on relocation of the house located at 2010 Leona Street until we have arrived at the conclusion of our negotiations. It is possible that the structure and others may not have to be relocated in the near future. We appreciate your assistance and support the City staff and yourselves in our effort to preserve our neighborhood." Mayor Mullen said, "I think City Manager recommends that we do as you are asking. Hearing no objection, I would recommend we have a motion to go ahead and do that." Motion Councilmember Shipman made a motion, seconded by Mayor Mullen to honor the request as suggested by the City Manager and allow the negotiations to continue, and at the same time, in good faith, we have an obligation to Demelius family to help them secure a house as soon as possible. (5-0 Vote, Councilmember Spaeth and Mayor Pro Tem Trevino absent.) PUBLIC HEARING - AMENDMENTS TO LAKE AUSTIN WATERSHED Mayor Mullen opened the public hearing set for 8:00p.m. on amendments to Chapter 13-3 and 9-10 of the City Code concerning development in Lake Austin Watershed. Ms. Donna Kristaponis reviewed the ordinance and went over the proposed amendments. Dr. McReynolds, Director of Energy Resource Management, discussed the proposed changes. Jim Thompson, City Engineer, said there is a problem with street standards. Ken Manning asked that staff work with the private sector to develop new standards and balance safety with environmental standards. John Hrncir, Sierra Club, supports the ordinance. Council Memo WATERSHED - (Continued) 30 August 4, 1983 Jay Powell, Lake Austin Neighborhood Association and Windy Cove Neighborhood Association, said the demand factor has raised costs in the area, not the ordinance. Chris Henry, West Austin Neighborhood Group, supports the ordinance. Jean McDonald, property owner in the watershed area, said the property owners should have been notified of the hearing. Diane DeBois said the urban run-off is a disaster and density standards are needed. She said there should be no fear of on-site sewage systems. Tom Wolfe feels the proposed amendments are too drastic. Doug Stringfellow, builder, also feels that the proposed changes are too drastic. He said if alternative methods are a loophole then they should be changed, but not the whole ordinance. He said the Round Rock School District is the largest offender of the ordinance. Jerry Goff, developer, said as a whole the ordinance is all right. Hoyle Osborne, planning consultant, said the proposed ordinance has many things wrong with it. Don Sansom supports the ordinance but says the roadway standards need co-operative efforts. J.R. Howard, builder in Southwest Austin, said people other than the very rich should be allowed to live out in the area but the land prices are getting out of sight. Bill Bulloch, representing NPC, discussed density controls. B111 Gunn, who has three subdivisions in the Lake Austin area, said the new ordinance has upped the cost of the land. He said alternative methods are the only way to get a decent economic mix. Granger McDonald believes the ordinance is too strict. George McKanty with Ken Burge, said the land should not be outpriced so that only the rich can live there. Robert Morris, consulting engineer, asked questions about plans for the water and wastewater areas. John Noell feels that the ordinance amendments are not good. David Bodenman said the current ordinance should be turned into more of a quality control ordinance. Council Memo WATERSHED - (Continued) 31 August 4, 1983 Motion The Council, on Councilmember Rose's motion, Councilmember Duncan's second, closed the public hearing. (5-0 Vote, Councilmember Spaeth and Mayor Pro Tem Trevino absent.) Council set a work session on amendments to the Lake Austin Watershed for August 30, 1983 at 4:30 p.m. ADJOURNMENT Council adjourned its meeting at 10:15 p.m.