TY OF FOUNDED 1839 Austin City Council MINUTES For July 26, 1984 1:00 P.M. 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 Jorge Carrasco City Manager Elden Aldridge City Clerk Council Chambers, 307 West Second Street, Austin, Texas Memorandum To: Mayor Mullen called to order the meeting of the Council scheduled for 1:00 p.m., noting the presence of all Councilmembers. MINUTES APPROVED The Council, on Mayor Pro Tem Trevino's motion, Councilmember Rose's second, approved the minutes for the regular meeting of June 28, 1984. DELAYED PAYMENT ON PARK SITE DISCUSSED Mr. Egbert V. Smith appeared before Council to discuss delayed payment on park site, electric bill and deposit, and Spicewood Springs Road improvements. Mr. Isham, City Attorney, told Council that Mr. Smith has his own legal counsel, Mr. Womack, who has been offered a settlement for Mr. Smith. Mr. Isham said he will keep Council apprised of developments. TRANSIENTS IN EAST AUSTIN DISCUSSED Ms. Lori Cervenak-Renteria and Ms. Frances Martinez appeared before Council to discuss problems caused by transients in the East Austin Neighborhoo. She said the Central Business District should have the transients, not homeowners. Mayor Mullen sid he shares the concerns and feels a work detention program is needed in Austin. Council Memo 2 July 26, 1984 SALVATION ARMY TRANSIENT SHELTER DISCUSSED Mr. Michael Parten, S.E. Neighborhood Alliance, Mr. John Emerson and Mr. Keith Bodenhamer all appeared before Council to discuss denial or postponement of zoning case C14-84-074, re Salvation Army Transient Shelter in neighborhood and school area. ۲- CITIZEN DID NOT APPEAR Mr. Don Babel who had requested to discuss effects of transient shelter on existing and planned housing in East Oltorf area did not appear. SAFETY OF WESTGATE BOULEVARD Ms. Pauline Gamble, representing South West Austin Neighborhood Association, appeared before Council to discuss safety for Westgate Boulevard. Mr. Jim Thompson, Water and Wastewater Department, told her what has been done to improve the situation. TRANSIENTS ON EAST SIDE DISCUSSED Mr. Tony Hearn appeared before Council to discuss complaints from the East Side residents about transients in the neighborhood. CONSENT ORDINANCES The Council, on Mayor Pro Tem Trevino's motion, Mayor Mullen's second, waived the requirement for three readings and finally passed the following ordinances in one consent motion: (7-0. Vote) Capital Improvements Program Amended the 1983-84 Capital Improvements Program by: a. b. Appropriating $160,000 to the 1983-84 CIP Transfer (Aviation) and adding CIP Serial Number 84/81-17 Interim Planning and Improvements to the Terminal Building at Robert Mueller Municipal Airport. An additional appropriation not to exceed $3.5 million for electric distribution systems improvements from contributions in aid of construction revenues. Approved the necessity for and ordered improvements to Cameron Road & Rutherford Lane, consisting of one unit covering approximately 4 blocks. CAPITAL IMPROVEMENTS PROGRAM No. 73/62-44. Tax Increment Zone Approved a Tax Increment Zone for the Municipal Office Complex. Council Memo 3 Zoning Ordinances July 26, 1984 Amended Chapter 13-2 of the Austin City Code (Zoning Ordinance) to cover the following changes: a. WESTVIEW DEVELOPMENT COMPANY By Planned Environments C14r-82-014 b. DR. MAURICE D. COHN By Richard S. Leo Newman & Richard P. Martínez c. C14-83-027 JOHN T. MAHONE/O.V. BENNETT JR. C14r-84-079 4911 Capitol of Texas Hwy. From Interim "AA" Interim "LA" & "A" 1st H&A to "A-2" 1st H&A 1105 W. 40th Street From "A" 1st H&A to "0" 1st H&A Capital of Texas Hwy. and Cedar Street d. R.E. WOOLEY, INC. By Richard C. Reed C14r-84-086 e. DEMPSEY HOUSE By Kim Alan Williams C14h-84-004 f. ZIMMERMAN HOUSE 8. By Glun D. Durham C14h-84-003 EILEEN DAUGHERTY OURAND By Marin B. Osgood C14-83-252 h. E.H. HURST, TRUSTEE By T.J. Morton C14r-83-029 1. WALTER A. TEW ELECTRIC INC. By Rodney W. Tew C14-83-229 From Interim "AA" 1st H&A to "0-1" 2nd H&A 6-0 Vote, Councilmember Rose abstained 5901 Ι.Η. 35 North 923-1029 Clayton Lane From "A" 3rd H&A to "c-2" 3rd H&A PASSED ON EMERGENCY BASIS 700 East 44th Street 9019 Parkfield Drive 8100-8102 Georgian Drive, 100-106 Wonsley 2550-2642 Capitol of Texas Hwy., South 13579 Research Blvd. From "A" 1st H&A to "A-H" 1st H&A From Interim "A" 1st H&A to "A-H" 1st H&A From "A" lst H&A to "B" 1st H&A From Interim "AA" 1st H&A to "0-1" 1st H&A From Interim "AA" Ist H&A to "C" 1st H&A 9121-9219 Balcones Club From Interim "AA" lst H&A to "GR" 1st H&A 1:0 j. CITY OF AUSTIN OFFICE OF LAND DEVELOPMENT SERVICES C14-84-068 Drive k. CITY OF AUSTIN OFFICE 9616-9626 Anderson Mill From Interim "AA" 1st H&A to "GR" 1st H&A LAND DEVELOPMENT SERVICES Road C14-84-069 ! Council Memo ZONING m. 4 (Continued) July 26, 1984 CITY OF AUSTIN OFFICE OF LAND DEVELOPMENT SERVICES C14-84-067 CITY OF AUSTIN C14-83-243 From Interim "AA" 184 H&A 12305-12315 & 12401- 12415 Dorsett Road 4803-4820 Marblehead Dr. 12500-12508 Monaghan Trail 12400-12401 Bruge's Lane 4814-4817 Pelham Drive 4900-4915 Bedrock Trail 4700-4809 Hawkhaven Lane 4900-4910 Hawkhaven Lane 4704-5153 Ganymede Drive to "AA" 1st. H&A 4800-4824 & 4900-4920 Transit Circle 4704-4710 Callistro Terrace, 12700-12705 Transit Cove, 12600-12613 Andromeda Cove 12600-12605 & 12700-12715 Europa, 12600-12603 Plut Lane, 12800-12807 Ganymede Court, 12600-12605 6 12700-12713 Rhea Court, 4713, 4801-4825, 4901-4929, 5001-5035 and 5101-5169 Parmer Lane 5500-5901 Abilene Trail From Interim "AA" 1st HA 4701-4811, 5517-6011 4600-4618, 4712-4816 5400-5800 Convict Bill 5500-5646 Wagon Trail Road to "AA" 1st B&A 7200-7205 Smoke House Trail 5600-5611 Wagon Train Cove 6200-6207 Steele Run 5302-5505 Wolf Run 6200-6206 Honey Dew Court 6400-6406 Rap Turke Cove 7000-7217 Chuck Wagon Trail 5500-5607 Camp Fire Trail 7300-7308 Camp Cove 7300-7307 Canteen Circle 5300-5611 Honey Dew Terrace 6300-6420 Steer Trail 5300-5417 Badger Bend 6538-6569 Fair Valley Trail 7200-7305 Trace Chain Drive 5800-6015 Cannon Mountain Drive 7400-7508 Whistlestop 7600-7602 Hawkeye Drive 7400-7503 Ladle Lane 7000-7216 Wheeler Branch 5200-5310 Dry Wells Road 5100-5108 Dusty Trail Cove 5000-5013 Desert Oak Circle 6200-6216 Sunkist Lane 7400-7507 Cannon Mountain Place 6000-6006 Nhistlestop Cove Council Memo CITY OF AUSTIN C14-83-243 (Contd.) 5 4900-4901 Wing Road 4812-5213 Summerset Trail 5200-5305 Wheeler Branch Circle } 5100-5108 Wagon Hitch Cove 4700-5112 Woodcreek Road 4800-5001 Dry Oaks Trail 6814-7306, 6903-7373 Beckett Road 6800-7210 Fence Line Drive 6700-7007 One Oak Road 7000-7106 Hanging Oak Circle 6900-6907 Range Oak Circle 6800-6812 Terra Oak Circle 6800-7003 Western Oaks Boulevard 6000-6310 Smith Oak Trail 6000-6214 Sun Vista Drive 5300-5311 Beckett Circle 4800-4806 Midoak Circle 6900-7003 Treaty Oak Circle 7001-7011 Bent Oak Circle 7100-7209 Square Oak Circle 6800-6811 Hitching Post Circle 5000-5101 Cornelia Drive 6000-6306 Morning Dew Drive 6102-6103 Jays Lane 5400-5624 Porsche Lane 4600-4817 White Elm Drive 4700-4707 White Elm Court 4500-4605 Lantry Lane 4208-4632 Yellow Rose 4500-4605 Crider Pass 6302-6606 Brush Country Road 6300-6510 Sanderson Avenue 6200-6210 Adel Cove 6200-6208 Myra Court 4808-5202, 4809-5107,5302-5301 McCarty Lane (Wm. Cannon Drive) 6100-6106 Yellow Rose Cove 5800-6042 Westcreek Drive 4900-5017 Cana Cove 6100-6205 Hill Forest Drive 7/26/84 : : Council Memo n. CITY OF AUSTIN C14-83-301 1 6 1300-1404, 1301-1411 Maidenstone Drive 7/26/84 From Interim "AA" 1st M&A to "AA" & "A" 1st H&A 11108-11514 Oak View Drive 6900-7102, 6901-7107 Narrow Oak Trail 6900-7124, 6901-7707 Danwood Drive 6900-7202, 6901-7201 Firewoak Drive, 7100-7508, 6805-7507 Chelsea Moor 11308-11408, 11311-11413, 11700- 11756, 11701-11757 DK Ranch Road 7300-7310, 7301-7311 Kapok 8568-8602 Spicewood Springs Road 11500-11618, 11501-11619 Sherwood Forest 11500-11610, 11501-11611 Queens Way 11500-11602, 11501-11603 Shakespearean Nay 8000, 8001-8003 Pilgrim's Place 11218-11300, 11219-11301 Blackmoor Drive 11208-11234, 11209-11237 Henge Drive 8100-8102, 8101-8103 Greenwich Meridian 11217-12003, 11216-11804 Barrington Way 11220-11706, 11221-11705 Windermer Meadows 7506 & 7507 London Bridge 7100-7104, 7101-7107 Carlwood Drive, 7800 & 7801 Downing Street, 7800 & 7801 Scotland Yard 7800, 7801-7805 Parliament Place, 11500-11618, 11501-11619 Sherwood Forest, 11612, 11609-11611 Sweetshade Lane, 11900-11902, 11901-11903 Commonwealth Way, and all of Attar Cove, Bering Cove, Carew Cove, Knight's Bridge, Sutton Place, Buckingham Road, Chevden Circle, hevden Circle, Charing Cross Road, Grass Cove, Tanbark Cove, Vallecito Cove, Shumard Circle, Bristlecone Lane, Ironwood Circle, Cassye Cove, Chelsea Moor Cove, Darcus Cove, Spotted Oak Cove. ٥٠ P. CITY OF AUSTIN C14-83-300 CITY OF AUSTIN C14-83-246 220-320,203-319 Mocking Bird Lane, 106, 110,200-318, 201-319 Red Bird Lane, 5300- 5515 Blue Bird Lane 5510-5516, 5401-5515 Humming Bird Lane 8200-8805 Millway Dr. 8200-8511 Daleview Dr. Flagstone Drive, 3103- 3112 Starwood Drive 3100-3107 Candlelight Ct. 3102-3106 Charlwood From Interim "A" 1st H&A to "AA" & "A" 1st H&A From Interim "A" 1st H&A to "AA" & "A" 1st H&A こ Council Memo 7 July 26, 1984 ZONING (Cout Inuad) P. CITY OF AUSTIN C14-83-246 (continued) q. 2512-3907&3001-3105 Steck Avenue 7928-8114, 7929-8115 & 8600- 8608 Rockwood Lane 3000-3012 Firwood Drive 7928-8106 Vinewood Lane 3000-3004 Vinewood Cove CITY OF AUSTIN C14-83-262 3000-3103 Boxdale Drive 2456-2907 Ashdale Drive 8000-8115 Briarwood Lane 8000-8107 Logwood Drive 8600-8717 Primrose Lane 2700-2902 Thrushwood Drive 8800-8803 McCann Drive 2701-2703 & 3201-3207 Benbrook Drive 2700-2703 Kerrybrook Lane 8600-8711 Melshire Drive 8600-8624 Winding Walk 8000-8118 Parkdale Drive 8000-8017 Pinedale Cove 2600-2708 Clarkdale Lane 3000-3207 Crosscreek Drive & 8600-8710 Donna Gail Drive 3201-3207 Mossrock Drive 8601-8803, 8600-8802 Dawnridge Circle 400-623 Blue Valley 300-677 Mario Street 8100-8106 Criswood Place, 8000-8305 Belclaire Lane, 8206- 8303 Belclaire Circle 400-429 Baldridge Drive 8200-8402 Beaver Brook 8300-8303 Orr Drive 7905 Cold Stream 8000-8115 Boggy Ridge 600-605 Sundial Cove 7905-8011 Creekmere Lane 8200-8210 Alcorn Circle From Interim "A" & \Interim "AA" 1st H&A to "A" &"AA" 1st R&A 8100-8214 Beaconcrest Drive 8000-8004, 8106-8209 South 1st Street Council Memo ZONING r. - (Continued) CITY OF AUSTIN C14-83-268 8 6404-6600, 6718-6814, 6407-6803 Sandshof Drive, 6300-6504,6301- 6505 Virgo Lane 6300-6524, 6301-6527 7/26/84 From Interim "A" & Interim "AA" 1st H&A to "AX" lst H&A Moonglow Drive, 6900-6906, 66901-6905 Juno Circle 6700-7004, 6701-7003 Aries Lane 7000-7110, 7001-7111 Asto View Drive 6700-6706, 6701-6705 Sandshof Circle 6900-7120, 6901-7119 Carwill Drive 6700-7208, 6701-7021 Hillcroft Drive 6700-7000, 6801-7003 Colony Loop Drive 6722-7108, 6723-7105 Decker Lake Road 6700-6710, 6701-6711 Colony Park Cove 6808-7008, 6809-7009 Shannon Drive 6904-6918, 6905-6919 Ponsdale Lane 6800-6902, 6801-6903 Waynesborough Drive 6800-6801 Red Ridge Drive 6800-6804, 6801 Bryonwood Drive 7000-7102, 7001-7103 Fleetridge Drive 6900-7108, 6901-7111 Townsborough Drive 6909-7303 Johnny Morris Road 7000-7030, 7001-7031 Craybrough Circle 7100-7130,7101-7131 Howerington Circle 6600-6612, 6601-6613 Johnny Morris Cove 7200-7240, 7201-7241 Ellington Circle 5. CITY OF AUSTIN C14-83-299 4041-4021 Kandy Drive 3916-4616 McCarty Lane, also bounded by Wm. Cannon, Glasgow Drive, From Interim"AA" 1st H&A to "AA", "BB" & "SR" 1st H&A Nm. Burns, 5803-6703 Convict Hill Road, 6600-6804 Beckett Rd. 5401-5907, 5202-5906 McCarty Lane, 6202-6310,6203-6309 Smith Oak Trail 5214-5310, 5215-5309 Summerset Trail 5204-5212, 5207-5211 Maulding Pass 6529-6569, 6524-6554 Fair Valley Trail 5300-5406, 5301-5409 Honey Dew Terrace 6303-6514, 6302-6422 Steer Trail and all of Ridge Oak Road, Reynolds Road, Westview Road, Badger Bend, Wolf Run, Rapture Cove and Honey Dew Court. C Council Memo ZONING (Continued) t. EDGAR M. & BILLIE BERRY By Len Layne C14-83-338 น. v. 9 9309 Dessau Road 7/26/84 From Interim "AA" 1st H&A to "DL" ist H&A MRS. EARNEST PRUETT (Geraldine) C14-78-192 CITY OF AUSTIN OFFICE OF LAND DEVELOPMENT SERVICES PROPERTY IN THE LAKE AUSTIN ZONING STUDY 10101-10129 North I.H. 35 10100-10114 Middle Fiskville Road From Interim "AA" Let HA to "C" & "O" 1st Hey emergency passage of ordinance C14-83-003.18, .21, • From Interim "A" Interin "LA & "A" 1st H&A to "AA" 1st H&A 24,27, 28, 29, 38, .39, 40, 44, 45, 46, 47, 48, 49, 50, 51, 53, 54, 55, 56, 57, .58, 59, 60, 61, 65, .67. .68, 70, 71, 72, 73, 74, 75,. .76, 77, 78, 79, 80, 81, 82, .83, 85, 88, 89, 90, 93, 94, .97, 99, 100, 101, 102, 105, .108, 110, 112, 119, 120, 121, 122, 123, 124, 126, 129, 132, 135, 137, 148, 149, 150, 151, • 155, 158, 164, 165, 167, 168, .171, 173, 182, 186, 198, 219, 225,236,240,241,243,244, 250,255,261,262,264,.265 267,268,.269 CITY OF AUSTIN OFFICE C14-83-003.8, 30, 131, From Interim "LAY & w. OF LAND DEVELOPMENT SERVICES PROPERTY IN 133, 134, 136, 140, Ist HEA to "A" 1st HEA 156, 157, 163, 166, THE LAKE AUSTIN ZONING.169, 178, 197, .202, • STUDY 206,254,259 x. CITY OF AUSTIN OFFICE OF LAND DEVELOPMENT SERVICES PROPERTY IN THE LAKE AUSTIN ZONING STUDY C14-83-003.33 From unzoned & Interim "LA" 1st. HSA to "LA" 1st HEA Council Memo 10 ZONING (Continued) y. CITY OF AUSTIN OFFICE OF LAND DEVELOPMENT C14-83-003.191 SERVICES PROPERTY IN THE LAKE AUSTIN ZONING STUDY z. CITY OF AUSTIN OFFICE C14-83-003.177 OF LAND DEVELOPMENT SERVICES PROPERTY IN THE LAKE AUSTIN ZONING STUDY aa. CITY OF AUSTIN OFFICE OF LAND DEVELOPMENT SERVICE PROPERTY IN THE LAKE AUSTIN ZONING STUDY C14-83-003.25 bb. WILLIAM H. ESPEY, TRUSTEE 1134-1152 Lost Creek Boulevard By David Armbrust C14-83-157 7/26/84 From Interim "A" & "A" 1st HSA to "SR" & "LA" 1st H&A From Interim "LA" &FA" 1st M&A to "LA" & Ist MLA From Interim "LA" 1st H&A to "A-2" 1st H&A From Interim "AA" 1st H&A to "0-1" 1st H&A Emergency Passage of Ordinance Second and Third Readings Passed through second and third readings of ordinances amending Chapter 13-2 of the Austin City Code (Zoning Ordinance) to cover the following changes: 6912-7008 Brodie Lane From Interim "AA" Ist H&A to "GR" 1st H&A a. Frontier Trails, Inc. By John M. Joseph C14-83-098 (part) b. Bill Milburn, Inc. By John Meinrath C14-80-138 (part) Tract J 3516-3540 Duval From Interim "AA" Ist H&A to "A-2" 1st H&A Exemption from Capital Recovery Fee Granted an exemption from Ordinance No. 840717-A, amending the Capital Recovery Fee Ordinances, for those contractors with projects which had mechanical bids (including fees) dated prior to June 16, 1984. Council Memo 11 7/26/84 Water Conservation Ordinance Approved amendments to the Water Conservation Ordinance to reaffirm Council action taken on July 19, 1984. CONSENT RESOLUTIONS 1 The Council, on Mayor Pro Tem Trevino's motion, Councilmember Urdy's second, adopted the following resolutions in one consent motion: (7-0 Vote) d. Release of Easements 2.5' of a 10' Electric Easement of record in Volume 4097, Page 915, of the Travis County Deed Records and release of the 5' x 12' Public Utility Easement as shown on the plat of Lot C, Austin Business Park No. 2, Research Blvd. & Peyton Gin Road. (Request submitted by Mr. James E. Holden) b. The 5' wide Electric Easement as dedicated on Lot 2, Northfair Subdivision, Airport Blvd. @ North Lamar Blvd. (This request has been submitted by Murray Properties) c. The Electric and Telephone Easement recorded in Volume 3307, Page 2267, of the Travis County Deed Records and located on Lot 1, Block 2, Silverton Heights, Airport Blvd. & N. Lamar. (Request submitted by Murray Properties) d. The 10' x 40' Fasement located on the common lot line of Lots 7 & 8, Manana Nest Subdivision. (Request sulmitted by Mr. Jay S. Johnson) License Agreement Approved entering into the following license agreement: To allow the aerial encroachment of a sign into the public right of way adjoining Lots 1 & 2, Block A, South Park Section I, locally known as 2907 South First Street (Existing). (Request submitted by Ralph Harris Surveyor, Inc.) Community Facilities Contract Entered into a Community Facilities Contract with Amelang Partners Investment Builders for the construction of the intersection at Rutherford Lane and Cameron Road. Council Memo 12 U.S. 183 Project 7/26/84 Approved entering into a Supplemental Agreement with State Department of Highways and Public Transportation allowing for alternate method of right-of-way acquisition on U.S. 183 Project (Loop 1 Interchange) and authorizing payment of the City of Austin's estimated share of $500,000.00 to the State Department of Highways and Public Transportation. Capital Improvements Program Approved a Supplemental Amendment No. 10 to the Professional Services Agreement between the City of Austin and Bovay Engineers, Inc. for the Interim Planning and Improvements of the Terminal Building at Robert Mueller Municipal Airport. (Council Goal VII.14) Contracts Approved Approved the following contracts: a. OLMOS CONSTRUCTION COMPANY P. O. Box 13172 Austin, Texas ! b. H&H CONCRETE CONSTRUCTION CO. P. O. Box 6460 Austin, Texas c. TOLSON OIL COMPANY 6615 Berkman Austin, Texas d. Bid award: (1) RIO DODGE, INC. 7309 North Interregional Austin, Texas (2) TOWNLAKE CHRYSLER-PLYMOUTH 841 West 6th Street Austin, Texas - - - - CAPITAL IMPROVEMENTS PROGRAM - Eberhart-Cooper Lane Phase II, Street and Drainage Improvement, Public Works Department - $466,562.25-C.I.P. Nos. 78/62-31, 83/22-04 683/23-04 CAPITAL IMPROVEMENTS PROGRAM - Beverly Hills Lift Station No. 1 and No. 2 Relief Main, Water & Wastewater Department- $61,360.00 C.I.P. No. 83/23-10 Gasoline and Diesel Fuel, Vehicle and Equipment Services Department Twelve (12) Month Supply Agreement Total $2,447,090.00 84-0265-MB Captive Parts, Vehicle and Equipment Services Department Twelve (12) Month Supply Agreements To be awarded by progressive purchasing method from low to high bid - Total $175,000.00 84-0243-JG - Items 1-3 Council Memo CONTRACTS - 13 7/26/84 e. f. 9. h. 1. (Continued) (3) CAPITOL CHEVROLET 501 North Lamar Austin, Texas (4) LEIF JOHNSON FORD, INC. 501 Koenig Lane Austin, Texas (5) MOMORRIS DOWNTOWN FORD 808 West 6th Street Austin, Texas COOPER EQUIPMENT COMPANY 8723 Broadway San Antonio, Texas DIXON ENGINEERING COMPANY 5630 Heffernan Houston, Texas CUTLER REPAVING, INC. 921 East 27th Street Lawrence, Kansas AUSTIN ROAD COMPANY 428 East Anderson Lane Austin, Texas GAREY CONSTRUCTION COMPANY INC. 11607 North Lamar Austin, Texas j. MOLE CONSTRUCTION COMPANY AND S & M CONSTRUCTORS, INC. (Joint Venture) 29100 Hall Street Solon, Chio - - - - Items 4 & 6 Item 5 Implement Trailers, Vehicle and Equipment Services Department total $19,610.00 84-0237-MB Strip Chart Recorders, Electric Utility Department Items 1-3 - $17,386.00 84-0245-MB - CAPITAL IMPROVEMENTS PROGRAM - Repaving of Streets 1984, Public Works Department - $388,372.50 C.I.P. Nos. 83/62-05, 83/22-04, & 83/23-04 - CAPITAL IMPROVEMENTS PROGRAM - Construction of Jollyville Road Improvements, Phase I (from Great Hills Trail to Bell Avenue) Public Works Department - $2,089,529.25 - C.I.P. Nos. 84/62-14, 83/22-04 & 83/23-04 - CAPITAL IMPROVEMENTS PROGRAM - Construction of Northwest Park Excavation Plan, Pony-Colt Ball Field, Public Works Department Total amount $377,629.80 - C.I.P. No. 82/60-05 - CAPITAL IMPROVEMENTS PROGRAM - Construction of the Onion Creek Nastewater Interceptor Section IV (Lower Tunnel), Nater and Wastewater Department - Total amount $8,5975699 C.I.P. No. 73/23-11 Council Memo 14 Surplus Material 7/26/84 Approved disposal of surplus vehicles and vehicular communications equipment by auction method on August 4, 1984. AUSTIN TRANSPORTATION STUDY GROUP The Council, on Councilmember Rose's motion, Councilmember Duncan's second, voted to affirm the appointment of Councilmember Mark Spaeth to the Austin Transportation Study Group, effective July 16, 1984. (7-0. Vote) ITEM FROM COUNCIL POSTPONED Council postponed until August 2, 1984 an item from Councilmembers Urdy and Duncan to consider approval of $70,000 in available funds to complete Phase I of the Nueva Vida Low-Cost Housing Project. Mayor and Council said more information is needed. TASK FORCE: WATER & WASTEWATER CAPITAL RECOVERY FEES Councilmember Duncan introduced an item to Council to consider City Council charge to the City Manager's Task Force on Water and Wastewater Capital Recovery Fees. He said, "I would like to suggest that the task force, as appointed by the City Manager, consider the items that I listed on the water and wastewater fees. We do want to determine the cost of service so I would like to see them determine the cost of service for water and wastewater by pressure zones, drainage basins and growth corridor areas. We need to determine the effect on our bonded indebtedness which recover certain percentages of cost of service. The rest of the Council has determined ahead of time that we want to recover 100% of full cost of service. We need to look at the options for 90% and 80%, etc. and see if there are any indirect costs associated with this that the City would be picking up that would not be reflected in the capital recovery fee, that is, not direct water and wastewater costs if it is going to cause expansion in any other city service area and determine those things for commercial and industrial customers if there is a significant difference between industrial and commercial, then we need to know that." RELOCATION OF VACANT GARAGE APARTMENT The Council, on Councilmember Shipman's motion, Councilmember Rose's second, approved the request of Ms. Suzanne Fulton for exemption to Ordinance No. 840419-P (Old West Austin Neighborhood) in order to relocate a vacant garage apartment. (7-0 Vote) つ Council Memo 15 EXEMPTION FROM CAPITAL RECOVERY FEE ON WATER METER 7/26/84 Ms. Annette H. Westbrook appeared before Council to request exemption from the capital recovery fee on water meter. She said she is the owner of Green Thumb Gardens and was denied water service on March 6, 1984 and presented a letter to Council expressing her concerns. City Manager Carrasco said he would like to review and asked that this item be brought back on August 2, 1984 for recommendation and action. CITIZEN DID NOT APPEAR Mr. Tommy Walker, who had requested exemption from moratorium of sewer tap sales in Williamson Creek Area, did not appear. EXEMPTION APPROVED He said he is co-owner Mr. Bick Brown appeared before Council. of Hyde Park Bar & Grill and asked for an ordinance exemption in order to remodel the kitchen. Motion The Council, on Councilmember Spaeth's motion, Mayor Pro Tem Trevino's second, approved the request of Mr. Bick Brown for an exemption to Ordinance No. 840119-E so that a building permit may be issued. (7-0 Vote) PUBLIC HEARING - APPEAL ON DENIAL OF WATERWAY FOR EMMAUS CHRISTIAN FELLOWSHIP Mayor Mullen opened the public hearing set for 2:00p.m. on an appeal from Mr. Todd A. Shimoda on the denial of a Waterway Development Permit Application 84-05-1037 for Emmaus Christian Fellowship at 755 Springdale Road. Councilmember Shipman said that in addition to presentation she wants clarification from staff too because they did not oppoве the granting of the appeal but are concerned that this not be used as a procedure for future cases. Howard Wheeler, trustee, Emmaus Christian Fellowship, said the property was purchased in order to build a church building. Prior to purchase they investigated restrictions of the City and the fact that it was in the flood plain, the effect it would have on their projected building plans. We understood at that time we had to build the property Council Memo HEARING (Continued) J 16 7/26/84 one foot out of the flood plain and studied it all prior to the purchase of the property. "We are getting ready to build a building and under the laws at that time everything would have worked out. The property had been abandoned for a number of years because the owners husband had died and she could not keep up the property.....We plan no high density development to the property. ....When we started the building permit procedure we found out that last September the other flood plain ordinance had been passed and that now no encroachment on the 100 year flood plain is allowed. We found out that an appeal procedure is allowed and we feel that is applicable to us. We do not feel irresponsible in asking the Council to bail us out of buying a bad piece of property. We have acquired one waterway development permit already and fully investigated the laws prior to the purchase of the property. We request that we be one of the groups that the appeal process in that law was written for and ask for an exemption." Todd Shimoda consulting engineer, did an engineering analysis of the property and found the proposed structure meets all the criteria for a waterway development permit except for the new flood plain ordinance about encroachment into the 100 year flood plain. The project, he said, "Will not adversely affect the flood plain either on the site or on any other property. We've positioned the building at the highest point of the flood plain to completely maintain safety for the building itself and have met all requirements except for this one specific criteria." Tom Hansel, Assistant Director of Engineering, Office of Land Development Services, said the "denial was based on the part of the ordinance prohibiting buildings built within the 100 year flood plain. The applicant has met all of the criteria other than that one provision. He is proposing to build on pier and beam that would encroach in the 100 year flood plain. Staff does not oppose this based on the insignificant size of the proposed development and also that Boggy Creek improvements, when they are done, will remove this building from the 100 year flood plain. The building will be l' above flood plain." Motion The Council, on Councilmember Shipman's motion, Mayor Mullen's second, approved the Waterway Development Permit Application for Emmaus Christian Fellowship at 755 Springdale Road. (6-0 Vote, Councilmember Urdy was out of the room.) Councilmember Duncan asked if this will be a routine approval from Council from now on for anybody that builds in the flood plain if they elevate it above the 100 year flood plain. Councilmember Shipman said "No, I concur with the staff recommendation that this case not be used as a procedure for future cases." Council Memo 17 7/26/84 ! THIRD READING WATERSHED ORDINANCE Council had before them for approval the THIRD reading of an ordinance amending the Watershed Ordinance for Onion Creek, Bear Creek, Little Bear Creek, Williamson Creek and Slaughter Creek. Councilmember Rose stated: "I have two changes." Motion Councilmember Duncan made a motion to pass through third reading of an ordinance amending the Watershed Ordinance for Onion Creek, Bear Creek, Little Bear Creek, Williamson Creek and Slaughter Creek. Councilmember Rose seconded the motion and offered the following two amendments, which were accepted by Councilmember Duncan: (1) Part 2, Section 13.3407 Sec. B which reads currently, "The Planning Commission may grant a variance from the terms of this section of this code when one of the applicants shows improvement of water quality over the conditions that would have resulted had the development proceeded without a variance." I want to change that to read: "The Planning Commission may grant a variance from the terms of Section 13.3433 when one of the applicants shows the water quality condition the same or greater than what had resulted had the development proceeded without a variance......" (2) The second amendment would be in Part 4 where it says aquifer related watershed and the last sentence reads "All questions concerning the exact boundary shall be determined by the Director of Environmental Resource Management". I'd like to change that to read that "All questions concerning the exact boundaries shall be determined by the Council." Councilmember Rose stated, "I think it is a bad precedent for the director of a department on their own be able to make that kind of a determination." از Friendly Amendment Mayor Mullen offered a friendly amendment to state, "All questions concerning the exact boundaries shall be recommended by the Director of Environmental Resource Management and approved by the Council". Councilmember Duncan accepted the friendly amendment. Councilmember Duncan asked staff to bring back the set of resolutions associated with the ordinance with recommendations on everything from legislative priorities next session and various things that we never considered and I would like to bring them back on the Agenda for consideration. Roll Call 7-0 Vote 1 Council Memo 18 NORTHWEST MUD July 26, 1984 Council took no action to pass the ordinance before them to consider approval of the creation of the Northwest Austin Municipal Utility District 1, 2, & 3, but made the following motion: Motion The Council, on Councilmember Rose's motion, Mayor Mullen's second, approved taking no action on the ordinance, let the 120 day review expire, the City Manager is to negotiate with petitioners and landowners in the area, reach an agreement, and come back to Council in 60 days. (7-0 Vote) DRAFT DEVELOPMENT PROSPECTUS The Council unanimously agreed to bring back an ordinance approving a Draft Development Prospectus for action on July 30, 1984 during a Special Called Meeting concerning the Municipal Office Complex. RECESS Council recessed its meeting at 3:00p.m. for a Housing Board Meeting and resumed its recessed meeting at 3:14 p.m. RECESS Council recessed its meeting at 3:15 and resumed its recessed meeting at 3:30 p.m. SINGLE FAMILY MORTGAGE PURCHASE REVENUE BONDS The Council, on Councilmember Urdy's motion, Mayor Mullen's second, adopted a resolution authorizing the issuance, sale and delivery of $33,998,137.20 AHFC Single Family Mortgage Purchase Revenue Bonds, Series 1984; approving the form and substance of a trust indenture, sale servicing and administration agreement, bond purchase agreement, and preliminary and final official statement authorizing the execution of documents and instruments necessary or convenient to carry out a Single Family Morgage program; and containing other provisions relating to the subject. ACTION DELAYED Council was scheduled to take action on the request of Mr. Terry Bray for exemption from site plan requirement in Fairview Park property. Council delayed action until August 2 at 3:30 when City Attorney Isham will make a recommendation to Council. : Council Memo 19 ALLEY & STREET VACATIONS July 26, 1984 Mayor Mullen opened the public hearings set for 3:00 p.m. on vacation of West 16th Street Alley, 200 block; and Concordia Avenue from Harmon Avenue to the West End. Richard Ridings, Director of Public Works, reported these closures have both been approved by all parties concerned. Motion The Council, on Councilmember Urdy's motion, Councilmember Shipman's second, closed the public hearing, waived the requirement for three readings and finally passed an ordinance vacating West 16th Street Alley, 200 Block. (Request submitted by State Purchasing and General Services Commission Cl0v-84-011). (6-0 Vote, Mayor Pro Tem Trevino was out of the room) Motion The Council, on Councilmember Shipman's motion, Councilmember Urdy's second, closed the public hearing, waived the requirement for three readings and finally passed an ordinance vacating Concordia Avenue from Harmon Avenue to the West end. (Request submitted by Concordia Lutheran College, C10-84-004.) (7-0 Vote) PUBLIC HEARING APPEAL OF PLANNING COMMISSION DECISION Mayor Mullen opened the public hearing set for 3:00p.m. on an appeal from the Barton Hills-Horseshoe Bend Neighborhood Association of the Planning Commission's decision concerning the project located at 2700 Westhill, Stoney Hollow. C14P-82-103. (Hearing is continued from July 19, 1984) Jane Anderson, representing the neighborhood, said that they disagree with the type of development proposed and are concerned with flooding and drainage. She showed slides. Sam Gammon showed maps of the proposed project and said they should reduce the scale of the project and reduce the high level of impervious cover to cut down on the chance of flooding. Mr. David Armbrust, representing H.C. Carter, told Council if the apartments are allowed and supported by the neighborhood, then he will agree to do the following: (1) Limit maximum grades of parking lots and driveways to 12.8%. こ Council Memo HEARING (Continued) 20 7/26/84 53%. (2) Detain 10% more water than required by City Ordinance.. (3) Provide additional detention to an unspecified amount in the wide part of the creek area so long as the level of any detained water stays under 2 or 3 feet. (4) Comply with cut and fill provisions of Lake Austin Watershed Ordinance. (5) Add a site plan note that crash gate on Westhill shall remain in place and that this provision is enforceable by surrounding property owners. Also, zone a one foot strip along south property line at location of crash gate "AA" residential. (6) Eliminate windows on north side of building #5 near Gammon residence. (7) Eliminate windows on west side of buildings 12 and 13 near Cole residence. (8) No buildings to have piers more than 4' above ground level. (9) The underside of any building on piers shall be hidden by lattice work, shrubs or other materials. (10) The long 3 story building in the center of the project to have an undulating/offset roof line. (11) Shrubbery to be added at the periphery of the property near the Gammon residence. (12) Detention facilities to be in place prior to construction of any buildings. Mr. Armbrust told Council that the impervious cover totals Bill Taminga, architect, said the number of units should be reduced to to 90 and impervious cover should be reduced to 35%. Jane Anderson said they would like to see the compatibility standards added to the list and would like to have the neighborhood's interpretation entered for the record. (See Exhibit "A" on following page.) Council Memo - HEARING (Continued) Flooding/Drainage 21 EXHIBIT "A" 7/26/84 1. In addition to the proposed retention of water in berms, terraces and parking areas, additional retention of water shall be provided for behind the existing earthen dam structure with controlled release at a depth of 3 feet. 1. All water detention and control facilities, including and not limited to berms and terraces, paved parking retention, as well as retention behind a controlled release structure at the site of the present dam, shall be put into place prior to any further construction on this site. 3. 10% as per Planning Commission agreement direction. Development on Steep Slopes 1. The maximum gradient of the slope on all drives and parking lots shall be no greater than 12.8%. 2. The cut and fill in all areas shall conform with the limitations established by the Lake Austin Watershed Ordinance or shall be limited to a maximum of 4 feet except for the building pads. Conformity/Compatibility 1. Foundation piers and beams shall be limited to height of 4 feet above the present or natural grade and shall in all instances be covered by lattices in such a manner that no portion of the underside of the building is exposed to view. 2. The roof line of all buildings shall be designed and built in a staggered or alternating manner, so as to be, "undulating". 3. There shall be no windows or balconies V, XII and XIII, adjacent to single family residences, or in the event of change of building location or numbers, the ends of buildings adjacent to property on Rae Dell Avenue. 4. Additional evergreen trees and shrubs shall be planted and maintained to visually screen the west end of any building near the northwest corner of the subject site. 5. Conform to compatibility standards. Traffic/Safety 1. A "crashgate" which will allow passage of authorized emergency vehicles and prohibit passage of any private vehicle shall be installed in the proximity of the property line adjacent to Westhill Drive. Approval of this special permit shall contain such wording as to create special beneficiary interests by property owners in the neighborhood to create a legally and enfoceable right to insure the continued maintenance of such barrier by all present and future owners until such time as the City Council approves a change in zoning for this site. : Council Memo 22 July 26, 1984 - Motion Died for Lack of Second Councilmember Shipman made a motion to uphold the appeal and deny on criteria 3 & 9. There was no second to the motion. Members of the neighborhood and the applicant left the Council Chamber to discuss the issue. Later in the day, the neighborhood representatives and applicant returned to the Council Chamber. Mayor Mullen stated the majority of the neighborhood will approve the project with the agreements stated for the record as listed on pgs. 19, 20 & 21. Motion The Council, on Mayor Pro Tem Trevino's motion, Councilmember Spaeth's second, closed the public hearing and accepted the agreement with the applicant and neighborhood with the amendments as agreed to by the applicant and neighborhood. (6-1 Vote, Councilmember Shipman voted No.) ACTION ON ZONING CASE Council was scheduled to take action at 3:45 p.m. on the following Council took aetion as follows: zoning case. C14-84 104 RANDY MORINE By Robert W. Jackson 10608 Morado Cir. From Interim "AA" 1st H&A To "BB" 1st H&A RECOMMENDED GRANTED AS RECOMMENDED Mayor Mullen stated a complete hearing has been held on this item. He asked why it was not voted on previously. Ms. Lilas Kinch, Land Development, stated the Council wanted everyone present when it was voted on. Motion The Council, on Mayor Pro Tem Trevino's motion, Councilmember Spaeth's second, voted to grant as recommended. (6-0 Vote, Councilmember Shipman voted No.) Motion to Reconsider The Council on Mayor Pro Tem Trevino's motion, Mayor Mullen's second, voted to reconsider the motion. (7-0 Vote) A man who did not identify himself, reminded the Mayor that anyone who had new information was told they could speak. He said he is against five buildings with 60 apartments looking into the backyards of their homes. He asks for permanent "AA" but if the zoning change is granted, asked for a buffer between the apartments and the neighborhood. Council Memo ZONING (Continued) 23 7/26/84 Robert Jackson, representing Randy Morine, told Council the closest building to a residence will be 353'. Councilmember Shipman said she does not feel the site in question is appropriate for multi-family zoning. Motion The Council, on Mayor Pro Tem Trevino's motion, Councilmember Spaeth's second, voted to grant the zoning as requested. (4-3 Vote, Councilmembers Duncan, Rose and Shipman voted No.) PUBLIC HEARING - CAPITAL IMPROVEMENTS BUSINESS LOAN GUIDES Mayor Mullen opened the public hearing, set for 4:00p.m. on Capital Improvements Business Loan Guidelines. Paula Phillips reviewed and said no vote will be taken today. Norma Lawrence, 3020 E. 14½ Street said she has a business at that address and wants service area expanded. Jeffrey Lewis, National Business League wants the program expanded to other streets. : Ms. Phillips said projects immediately adjacent to the corridor are eligible. Motion The Council, on Mayor Pro Tem Trevino's motion, Councilmember Spaeth's second, closed the public hearing and a vote will be taken August 9, 1984. (7-0 Vote) PUBLIC HEARING - BUILDING SET-BACK Mayor Mullen opened the public hearing set for 5:00p.m. on an amendment to Chapter 13-2-133(1) (Zoning) deleting the provision that allows a three foot increase in height for each one foot that a building is set back in "C" 2nd H&A Use District; and passage of Ordinance. No one appeared to be heard. Motion The Council, on Councilmember Spaeth's motion, Councilmember Duncan's second, closed the public hearing, waived the requirement for three readings and finally passed an ordinance amending Chapter 13-2133(1) (Zoning) deleting the provision that allows a three foot increase in height for each one foot that a building is set back in "C" 2nd H&A Use District. (7-0 Vote) Council Memo 24 7/26/84 ZONING HEARINGS Mayor Mullen announced Council would hear zoning application scheduled for 4:30 p.m. Council heard, granted, and directed the City Attorney to draw the necessary ordinances for the following: C14-84 056 RUBEN H. JOHNSON 601-615 W. 15th St. 1410-1418 Nueces St. From "LR" 2nd H&A To "C" 4th H&A RECOMMENDED subject to Restrictive Covenant for residential use only. EMERGENCY PASSAGE OF ORDINANCE GRANT AS RECOMMENDED Aliece Minnassian, Land Development Department, reviewed the zoning application. Martin Kamp, representing the applicant who wishes to build condominiums on 15th Street, told Council they will not be in the Capitol view corridor. He said the building will be 16 stories with four units per floor and he believes it will be consistent with the development in the area. Richard Buerger, president, St. Martin's Lutheran Church congregation, showed slides of how the building will look, and how it's height and location will block the view of the Capitol from various parts of the City. He asked that the zoning change be denied. Nelson Schuller, who owns property at 515 West 15th, said the proposed building would be 140' higher than the church structure. said the area is low density office with trees and many refurbished older homes. He asked the zoning be denied because it will not be compatible. He Pastor John Auer, Sr. Pastor, St. Martin's Lutheran Church, said he and the congregation do not want the view of the Capitol blighted. He said the proposed oversized building will be outside of the downtown tall building area and will not look like it belongs in the area. Phil Conard urged Council to keep "LR" zoning. Susan McCallom, representing land owners at 16th and Rio Grande, told Council the neighborhood is unique and she wants it kept that way. Natalie DeBlois stated that property within 200' of "A" zoning can be no higher than 60' according to compatibility standards. Camille Dunn told Council if they want to control growth then they must limit height. Dorothy Richter told Council they are custodians of a building, the Capitol, that belongs to Texas. They must preserve the view. i Council Memo ZONING - (Continued) 25 7/26/84 Martin Kamp said the building will not block the Capitol view corridors. He said the condominiums are residential and will bring the people back downtown. Councilmember Duncan asked Lilas Kinch, Land Development, if the building will block the Capitol view in any of the designated corridors. She said it will not. Motion Mayor Pro Tem Trevino made a motion, seconded by Councilmember Urdy to close the public hearing and approve the zoning change. Councilmember Shipman stated she will vote against the change because the area is zoned "0" 2nd H&A and this would be spot zoning. Mayor Mullen said the church and neighborhood should have used another argument that the building will not block the Capitol view. Councilmember Spaeth said he will vote in favor because he supports downtown living. Roll Call on Motion 6-1 Vote, Councilmember Shipman voted No. : RECESS Council recessed its meeting at 6:30p.m. and resumed its recessed meeting at 7:00p.m. ZONING HEARING Mayor Mullen announced Council would hear the zoning case scheduled for 4:35 p.m. C14-84 007 Council heard and DENIED the zoning change. SHERI GALLO, ET AL By Rhonda Denton/ Sherri Gallo 307-313 West 38th St. From "A" 1st H&A To "0-1" 1st H&A Amended RECOMMENDED "0-1" 1st tied to site plan approval by Planning Commission and City Council, compliance with 38th Street guidelines and subject to retaining structure. DENIED (On Councilmember Spaeth's motion, Councilmember Duncan's second, 6-1 Vote, Mayor Mullen voted No.) Council Memo 26 PUBLIC HEARING - 7/26/84 WATERWAY SITE DEVELOPMENT PERMIT Mayor Mullen opened the public hearing set for 5:15 p.m. on an appeal from Mr. Richard J. Kern on the denial of Waterway Site Development Permit one appeared to be heard. - 6300, 6400, 6412 Hwy. 290 West FRD 84517. No Motion The Council, on Councilmember Shipman's motion, Councilmember Duncan's second, closed the public hearing, and approved the permit. (7-0 Vote) NORTHWEST AUSTIN MUD'S 4, 5, 6 Mayor Mullen opened the public hearing set for 5:30 p.m. on Northwest Austin MUD's 4, 5 & 6. Mary Arnold discussed environmental concerns. Motion The Council, on Councilmember Duncan's motion, Councilmember Rose's second, closed the public hearing. (7-0 Vote) - ALTERNATIVE ALIGNMENTS FOR PUBLIC HEARING PROPOSED 1ST/3RD STREET ONE-WAY TRAFFIC Mayor Mullen opened the public hearing set for 6:30 p.m. on alternative alignments for the proposed 1st/3rd Street one-way traffic operation. Allan Brecher, Director of Urban Transportation, said there are four options and explained by use of maps. Councilmember Spaeth discussed the moving of the ball diamond and Humane Society. Council discussed the streets, maps, etc. Mayor Mullen said he favors an east/west thoroughfare. He said he prefers that it is not included in the September bond issue but wants to work out the details before presenting it to the public. Motion The Council, on Mayor Pro Tem Trevino's motion, Councilmember Spaeth's second, closed the public hearing. (6-0 Vote, Councilmember Duncan was out of the room.) Council Memo 27 7/26/84 EXECUTIVE SESSION Mayor Mullen announced Council would go into Executive Session pursuant to Article 6252-17, Texas Revised Civil Statutes Annotated, to discuss Overton vs. City of Austin Section 2, Paragraph e, and after such closed or executive session, any action to be taken will be done in open meeting.. - RECESS Council recessed its meeting at 9:00p.m. and resumed its meeting at 12:40 p.m. OVERTON VS CITY OF AUSTIN Council discussed the case of Overton vs City of Austin. Transcript of discussion is on file in the City Clerk's office. Motion The Council on Councilmember Urdy's motion, Mayor Pro Tem Trevino's second, instructed the City Attorney to pursue settlement with the plaintiff. (6-1 Vote, Councilmember Spaeth voted No.) ; ADJOURNMENT Council adjourned its meeting at 12:45 a.m., July 27, 1984.