TYOF FOUNDED 1814 Austin City Council MINUTES For September 20, 1984 - 1:00 Ρ.Μ. 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 1:00p.m., noting the presence of all Councilmembers. MINUTES APPROVED The Council, on Councilmember Shipman's motion, Mayor Mullen's second, approved minutes of regular meeting of September 6, 1984 & Special Meetings of September 14, 1982, December 8, 1982, September 20, 1983 & September 10, 1984. (6-0 Vote, Councilmember Spaeth not yet present in Council Chamber.) WATER QUALITY DISCUSSED Bert Cromack talked about the interpretation of water quality data for the NURP Study. CONSENT ORDINANCES The Council, on Councilmember Shipman's motion, Mayor Pro Tem Trevino's second, waived the requirement for three readings and finally passed the following ordinances in one consent motion: (6-0 Vote, Councilmember Spaeth absent.) CIP Amendment Amended the 1983-84 Capital Improvements Program by appropriating $647,000 from Wastewater Capital Recovery Fees to the Williamson Creek Wastewater Treatment Plant. Council Memo 2 Bond Sale 9/20/84 Approved an ordinance and all matters incident and related to the issuance and sale of $3,500,000 City of Austin, Texas, Combination Tax and Revenue Certificates of Obligation, Series 1984 at 8.4% interest to Merrill Lynch. Item Postponed Postponed until September 27, 1984 an item to consider amendments to Chapter 13-2 of the City Code; providing requirements and criteria for development within the RM 2222 Highway Corridor. Smoke Detectors Amended Chapter 13-5, Code of the City of Austin, 1981, by amending Section 13-5-1210(c) to state specific implementation dates for retroactive installation of smoke detectors and fire and safety equipment. Postponed until September 27, 1984, consideration of amendment to Section 13-5-1810(b). Street Name Change Approved the following street name change: A portion of Howard Lane to Wells Branch Parkway. (Request submitted by Mr. Ed Wendler Jr., on behalf of Provident Development Company) Zoning Ordinances Amended Chapter 13-2 of the Austin City Code (Zoning Ordinance) to cover the following changes: EDWARD JOSEPH 8313-8419 Cameron Road 8401-8405 & 8400-8422 Clear Creek Drive From Interim "AA" Ist H&A to "B" 1st H&A WALTER VACKER ASSOC 500 Capital of Texas From "0" 1st H&A By Richardson Verdoorn Highway South Cl4r-83-236 MARIO & MARY AGUILAR By Morton Plotsky C14-84-150 to "LR" 1st H&A 9510 Brown Lane From Interim "AA" 1st H&A to "DL" 1st H&A EMERGENCY PASSAGE OF ORDINANCE ! Council Memo R.G. MUELLER JR. By Randolph G. Mueller C14-82-194 JAMES & RENA J. REEVES By Jeffrey J. Stewart C14-84-011 DENVY & LILLIAN JACKSON By Jeff Stewart C14-84-051 C.B. FRANCIS By Jean Bringol C14-83-194 FRANCIS & ASSOC. NO. 5 By Jean Bringol C14-84-005 ANTHONY SPEARS C14-83-244 3 9/20/84 3701-3705 Jefferson From "A" Ist H&A Street 1714 Fort View EMERGENCY PASSAGE 1712 Fort View EMERGENCY PASSAGE to "GR" 1st H&A From "A" 1st H&A to "0-1" 1st H&A From "A" 1st H&A to "0-1" 1st H&A 10606-10920 Jollyville From Interim "AA" & Road Rear Portion of 10606, 10614, 10806 & 10920 Jollyville Road "O" 1st H&A to "BB" & "0-1" 1st H&A From "BB" 1st H&A to "0-1" 1st H&A 1172 Webberville Road From "C" Ist H&A to "C-2" 1st H&A Operating Budget Amendment Amended the 1983-84 Operating Budget by 8. b. Appropriating 14,900.00 from the General Fund Ending Balance to Managements Services for the Sesquicentennial. Appropriating $1,268,545 from the General Fund Ending Balance to: (1) City Attorney - $230,000 (2) Health 800,000 Council Memo OPERATING BUDGET :. 4 - (Continued) (3) Taxation $171,545 (4) Budget 67,000 9/20/84 c. Appropriating $250,000 from the VES Working Capital Fund Ending Balance to the Vehicle Equipment Services Department. CONSENT RESOLUTIONS The Council, on Mayor Pro Tem Trevino's motion, Councilmember (6-0 Vote, Councilmember Spaeth absent) Urdy's second, adopted the following resolutions in one consent motion: Release of Easements Authorized release of the following easements: a. 7.5' Public Utility Easement along the east property line of Lot 11, Block F, Milwood Section Eleven, 4705 Callisto Terrace. (Request submitted by Carlson & Dippel on behalf of the Bill Milburn Company) b. Portion of the 7.5' Public Utility Easement on the north property line of Lot 1-A, Warehouse Park Subdivision Section 2-A. (Request has been submitted by McKean/Priesmeyer) c. Portion of the Public Utility and Drainage Easement on Lot 57, Lakewood Section III and a portion of Lot 110, Block C, Lakewood Section I. (Request has been submitted by Mr. Maury Hood on behalf of Jester Development Corporation and the Lakewood Homeowners Association.) : Council Memo 5 9/20/84 d. A Sanitary Sewer Easement recorded in Volume 6023, Page 1346, of the Travis County Deed Records and located on Lot 1, Rutland Plaza. (Request has been submitted by Jeryl Hart Engineers, Inc.) License Agreements Approved entering into the following License Agreements: a. To allow the encroachment of three (3) borrowed light b. wells into public right-of-way (sidewalk area) adjoining the West half of Lot 10, Block 57, Original City of Austin. (Request has been submitted by Mr. Eugene Wukasch) To allow the encroachment of additional decking into the public right-of-way adjoining Lot 7, Block 2, Lake Addition, 3800 Lake Austin Boulevard (Request has been submitted by Mr. Craig Gatewood on behalf of the University of Texas) Environmental Studies Authorized an agreement in the amount of $28,278.00 between the City of Austin and the Wild Basin Institute for Environmental Studies. Community Facilities Contract Approved entering into a Community Facilities Contract with Airpark Associates, Storm Properties, Schlumberger Well Services, and Nash Phillips Copus. Capital Improvements Program Approved the following Change Order in the amount of $7,200.00 to Austin Road Company for Kramer Lane Improvements. (0.62% increase of the original contract) -------- --- Approved a proposed Supplemental Amendment No. 1 to the Professional Services Agreement between the City of Austin and Henningson, Durham and Richardson for the Williamson Creek Wastewater Treatment Plant "Emergency South Irrigation System". CAPITAL IMPROVEMENTS PROGRAM NO. 82/23-85. ------ Approved a Supplemental Amendment to the Professional Services Agreement between the City of Austin and Turner, Collie & Braden, Inc. for the Onion Creek Wastewater Treatment Facilities Improvments. CAPITAL IMPROVEMENTS PROGRAM NO. 82/23-85. Council Memo a. b. c. 6 9/20/84 Contracts Approved Approved the following contracts: OLMOS CONSTRUCTION COMPANY P. O. Box 13172 Austin, Texas PRIESTER-MELL & NICHOLSON, INC. 601 East 56th Street Austin, Texas SCIENTIFIC MARKETING INSTRUMENTATION & LABORATORY EQUIPMENT, INC. 1523 Northwest Boulevard Georgetown, Texas - - CAPITAL IMPROVEMENTS PROGRAM - Williamson Creek Wastewater Treatment Facilities (interim) Improvements, Water and Wastewater Department - $196,421.00 C.I.P. No. 82/23-85 CAPITAL IMPROVEMENTS PROGRAM - Transmission Line Conductor Circuits 972 & 974 Howard Lane to McNeil, Electric Utility Department - $137,369.15 С.І.Р. No. 85/13-04 Gas Chromotograph System, Water and Wastewater Department, Total $52,684.10 84-0312-MB d. e. f. g. SCHMIDT CONSTRUCTION COMPANY 7230 Highway 290 West Austin, Texas HARCO CORPORATION 11631 North Houston Rosslyn Rd. Houston, Texas SAF-T-MARK SUPPLY COMPANY, INC. 1200 Park Street Tyler, Texas WATSON DISTRIBUTING COMPANY, INC. 5511 Brewster Drive - - - - San Antonio, Texas h. CLIFTON METAL PRODUCTS, INC. - 2001 E. Loop 820 South Fort Worth, Texas i. 3M COMPANY 3M Center 7211 Lamplight Lane St. Paul, Minnesota - Heavy Equipment, Water and Wastewater Department Total $30,000.00 84-C358-JJ HIRDA Replaceable Deep Anode Cathodic Protection System, Electric Utility Department Total $81,572.15 84-8350-LK Pavement Striper, Aviation Department Total $15,498.00 84-0351-DC Tractor/mower, Parks and Recreation Department Total $19,943.00 84-0340-DC Utility Trailers, Vehicle and Equipment Services Department Total $7,400.00 84-0290-MB Reflective Emblems, Vehicle and Equipment Services Department Twelve (12) Month Supply Agreement Total $25,192.00 84-0328-DC Council Memo CONTRACTS - (Continued) 7 j. THE UNIVERSITY OF TEXAS AT AUSTIN Center for Energy Studies Austin, Texas Jobs Bill - 9/20/84 Interlocal Cooperation Agreement to provide for development of a commercial buildings database and analysis of glazing energey conservation option, Resource Management Department - $55,100.00 Approved a Jobs Bill for Standard Rehabilitation Loan in the following amount and authorize staff to enter into appropriate contract: a. Mastercraft Construction - $15,400.00 Hyperbaric Services Approved entering into an agreement with Austin Hyperbaric Therapy, Inc. (AHTI) for the provision of hyperbaric services at Brackenridge Hospital. Physician Services Approved entering into an agreement with George Martinez, M.D., P.A., for the provision of physician services at the Brackenridge Emergicenter. CSBG Approved the Community Services Block Grant (CSBG) funding proposal in the amount of $327,962 to operate the neighborhood centers in FY 85. Public Hearings Set Set the following public hearings: a. b. c. An appeal from Mr. John M. Joseph of the Office of Land Development Services decision to deny a Waterway Development permit for 5510 N. IH 35. #84-06-4160: October 25, 1984 at 4:30 p.m. Adoption of a residential conservation service rate and a transportation rate for Southern Union Gas Company: October 25, 1984 at 4:15 p.m. Dedication of a Wastewater Easement through a portion of Waller Creek Greenbelt. (Requested by Austin Avante Ventures, Ltd.): October 25, 1984 at 4:45 p.m. Council Memo 8 9/20/84 Airport Improvement Program Authorized submission of an application for a Federal Aviation Administration Airport Improvement Program Grant in the amount of $3,164,950. Letter Agreement Approved entering into a Letter Agreement by and between the City of Austin, Austin Avante Bentures, Ltd. Gibralter Savings Association. ITEM POSTPONED Councilmember Duncan postponed his item for discussion to consider confirming policies for the City of Austin for the Edwards Aquifer Recharge and contributing zones and directing the City Manager to implement programs for such policies as outlined until September 27, 1984. RM2222, 2244 AND 620 Councilmember Shipman introduced an item to Council to consider requesting staff to prepare a plan for driveway access and roadway and street locations on RM 2222, 2244 and 620, previously designated as scenic arterials by the City Council. She said these are to be used as reference when property owners come in to request access. She said she knows this will be a time consuming study and thought it appropriate for the whole Council to vote upon. Councilmember Shipman believes this will do more to improve traffic flow before there is a problem than after the fact, than any other single action which can be taken. She said she does recognize Council will be constrained by State law on this. Motion The Council, on Councilmember Shipman's motion, Councilmember Duncan's second, approved requesting the City Manager to request staff to prepare a plan for driveway access and roadway and street locations on RM 2222, 2244 and 620, previously designated as scenic arterials by the City Council. (6-0 Vote, Councilmember Spaeth absent) REQUESTS DENIED Mr. Stuart N. Henry requested a variance from the Slaughter Creek Watershed Ordinance for three properties adjacent to Slaughter Creek and Riddle Road. Council made no motion, therefore there was no action. Request was denied. Council Memo REQUEST DENIED - 9 (Continued) 9/20/84 Mr. John B. Sanford's request for exemption from Inner-City Ordinance at 501 West 38th Street, 4007 Avenue H and 4013 Avenue H did not receive Council approval. SEWER LINE CONNECTIONS APPROVED The Council, on Councilmember Duncan's motion, Mayor Pro Tem Trevino's second, approved the request of Mr. Jim Bruch to allow sewer line connections in front of property located at 616 West Stassney instead of 400 feet away. STATUS REPORT - (7-0 Vote) NORTHWEST NEGOTIATIONS Mr. Carrasco introduced the report on Northwest Negotiations. He said as a result of Council's request a week ago on an update of the discussions that had been held regarding the northwest area and the provision of services to that area as well as the land use plan, there have been two meetings with the applicant that originally applied for municipal utility districts out in the northwest. He said they are still working on a conceptual plan on the kinds of things that can be done to respond to the plan presented to Council several months ago. There are still several studies to be made before the report is complete. Terry Childers, Assistant City Manager, said they have met with the MUD applicant in the northwest area. They are discussing land uses for the area and financing improvements in the area. Results of today's meeting is that applicant will prepare a revised package reflecting the revision in their thinking concerning servicing the area as a result of work they have done. On October 11 a meeting has been scheduled to provide them with full staff response to their revised package. He said there can be a final report on this item on October 25, 1984. THIRD READING OF ZONING ORDINANCE The Council, on Councilmember Spaeth's motion, Mayor Pro Tem Trevino's second, passed through third reading of an ordinance amending Chapter 13-2 of the Austin City Code (Zoning Ordinance) to cover the following change: (4-3 Vote, Councilmembers Duncan, Rose and Shipman voted No.) M.E. THOMSON, ET AL By Mauro, Sarret & Wendler C14-83-073 1000-1010 Banister Lane & 3708-3818 Garden Villa Lane From "A" 1st H&A to "BB" 1st H&A Councilmember Spaeth stated that roads will be upgraded and there will be proper drainage before construction begins. Council Memo 10 SECOND READING OF ORDINANCE 9/20/84 The Council, on Councilmember Spaeth's motion, Mayor Mullen's second, passed through SECOND READING ONLY of an ordinance amending Chapter 13-2 of the Austin City Code to cover the following change: RANDY MORINE 10608 Morado Circle By Robert W. Jackson C14-84-104 From Interim "AA" 1st H&A to "BB" 1st H&A 4-3 Vote, Councilmembers Duncan, Rose and Shipman voted No. WASTEWATER SERVICE CONNECTIONS The Council, on Councilmember Urdy's motion, Councilmember Spaeth's second, waived the requirement for three readings and finally passed an ordinance establishing a limitation on the. number of wastewater service connections to be made within the area contributing wastewater to Williamson Creek Wastewater Treatment Plant. (7-0 Vote) Prior to the vote, Mayor Mullen explained the ordinance. He said it will be used if the Williamson Creek injunction is lifted and will limit hook-ups to no more than 8 per day. Councilmember Duncan asked if 8 is a comfortable number and Jim Thompson, Director of Water and Wastewater, stated it will be comfortable for a short period of time. EASEMENT APPROVED The Council, on Councilmember Duncan's motion, Mayor Mullen's second, adopted a resolution authorizing release of the following easement: (7-0 Vote) Portion of a Sanitary Sewer Easement recorded in Volume 522, Page 642, of the Travis County Deed Records insofar as it affects a portion of Lot 5, Block 6, Westfield "A" 2411 Enfield Road. (Request has been submitted by Mr. Charles M. Johnston) PUBLIC HEARING - STREET VACATION Mayor Mullen opened the public hearing set for 3:00 p.m. on vacation of the following and passage of ordinance: Swanee Drive right-of-way. (Request submitted by Mr. Greg Stremiska of Bury & Pittman on behalf of the University of Texas) No one appeared to be heard. Motion The Council, on Mayor Pro Tem Trevino's motion, Councilmember Duncan's second, closed the public hearing, waived the requirement for three readings and finally passed an ordinance vacating Swanee Drive right-of-way. (7-0 Vote) Council Memo 11 9/20/84 RECESS Council recessed its meeting at 2:45 p.m. and resumed its recessed meeting at 4:10 p.m. PUBLIC HEARING - SOUTHERN UNION GAS RATES Mayor Mullen opened the public hearing set for 3:30p.m. on suspending for (90) days the residential conservation service rate and the transportation rate proposed by Southern Union Gas Company; and passage of ordinance. Mr. Bob Laczko, District Vice-President, Southern Union Gas Company, appeared before Council to state, "Southern Union Gas Company has filed with the City an RCS program which we feel will provide cost effective conservation program for our customers. We have incorporated into the program recommendations for the City staff and have developed a weatherization kit customized to the needs of the customer to be delivered to the customer immediately after each energy audit with several kit items to be installed and demonstrated by the auditor. This morning a letter was delivered to Councilmembers, City Attorney and City Manager, detailing our attempts to develop the standard RCS program that complied with the City Council request which was the 1983 rate request. We respectfully request that the City Council not suspend the rate and permit the program to go into effect." Bob Rima, Attorney for Southern Union Gas, spoke to the transportation issue. He said he wanted to speak about concerns SUG has with regard to the proposed suspension of a new rate filed by SUG. The new rate is for transporting gas for some of their large volume customers within their system within the City of Austin. The proposed suspension, he said, "if allowed to take place will financially impact our two largest customers, the University of Texas and Texaco, to the extent of $450,000 approximately per month that the rate is not in effect for UT and approximately $50,000 a month for Texaco. The new rate does not adversely impact any other customer. It consists of all the costs to serve the customers as approved by the Council. Public interest is best served by taking no action and public interest is not served by suspension. If there are issues they will come to light at a proposed public hearing in October. It is my legal analysis that the action proposed is not a power that is granted to the City by the Legislature. The City Attorney's office differs with my legal opionion but at this point the important point is that no one is served by testing that issue. What is served is the significant financial contributors to the cost of service in the City of Austin, U.T. and Texaco, two big customers, and the proposed suspension will work to their detriment. I urge you to not suspend the transportation rate that has been filed by the company." Linn Shivers, Attorney for U.T. System, told Council Council Memo HEARING - (Continued) 12 9/20/84 to let the Southern Union transportation rate go into effect. He said they will save about $15,000 a day which is money from the taxpayers pocket. Carl Shahady, Legal Department, stated, "We have made a recommendation that you suspend the transportation rate. We would like to revise that recommendation based on what we have heard today by discussing this matter with numerous UT officials and Texaco officials who are present at this hearing. It appears they will lose significant amounts of money each day of the period of suspension on the transporation rate. Although we do not revise our legal provision we believe it would be proper for the Council to refrain from extending the transportation rate and we will have a hearing in October on the transportation rate without any harm to these customers. recommendation in regard to the RCS rate." We do not revise our Jerry Lawson discussed the RCS rate. "I have received a letter which opposes several interrogatories that we will be happy to deal with. In light of these interrogatories we will have a number of our own for Southern Union Gas. Our primary concern is that the kit being proposed is not cost effective. We have told SUG that since March of last year. 70% of the savings come from 1/6th to 1/7th of the cost they are now proposing and an additional 30% of the savings is not cost effective. We do not want conservation to be shown in this light to the rate payers. We recommend a scaled down version of the weatherization kit that they recommend. We have scaled down to the version we recommend of a slow flow showerhead, a water heater wrap and a certain amount of pipe insulation. These would be installed by SUG. They agree to do that already. The kit and the recommendation in question are those used previously which are not promoted as cost effective but are part of an equity program for low income citizens." Councilmember Duncan stated: "Your recommendation is that we not act on the RCS rate today and delay that until the 25th and go ahead and act, according to Legal, on the transportation rate? No, we are not going to suspend the transportation rate but do suspend the conservation rate until October 25th." ... Motion Councilmember Duncan made a motion, seconded by Councilmember Urdy to not suspend the transportation rate but do suspend the residential conservation service rate until October 25, 1984. (7-0 Vote) Council Memo 13 9/20/84 1984-85 FINANCIAL PLAN Council had before them for consideration an ordinance adopting the 1984-85 Financial Plan. Mayor Mullen stated: "I want to talk about the fact that because of the re-evaluation, we have discussed making certain we got down to a number that will reduce the total tax burden as much as possible. That figure last year was 65c per $100.00. The City Manager has recommended 48.10 in his budget and I wanted to ask Council to consider a goal as we go into these budget negotiations of cutting that down to 47.10 and would like to have that as a motion so we can work toward that goal. Motion Councilmember Rose made a motion, seconded by Councilmember Duncan to have a goal of 47.10 per $100.00 of evaluation on property tax. (7-0 Vote) Motion Mayor Pro Tem Trevino made a motion, seconded by Councilmember Duncan, to adopt the City Manager's proposed recommendation of the City of Austin Financial Plan in the following manner: Social Services American Institute for Learning Austin Association for Retarded Citizens Austin Area Black Leadership Coalition Austin Area Urban League Austin Child Guidance & Evaluation Center Austin Community Nursery Austin Families Austin Family House Austin Rape Crisis Center Austin Rehabilitation Center ARCIL Austin Tenants Council Austin-Travis County MH/MR Austin Women's Center Big Brothers Big Sisters Capital Area Food Bank Capital Area Rehabilitation Center Caritas 18,664 21,693 40,477 40,487 119,676 62,767 18,300 33,132 59,743 80,000 24,016 55,118 541,581 39,174 76,842 33,970 113,968 83,430 Center for Battered Women 53,957 Ceden 25,875 Central East Austin Community Organization 21,000 Child and Family Service 43,052 Child, Inc. 322,000 Council Memo FINANCIAL PLAN Community Bound DAR Extend-A-Care Gents Club - 14 9/20/84 (Continued) Goodwill Industries Greater Austin Council on Alcoholism Holy Cross Hospital Legal Aid Society 20,307 69,650 32,800 14,820 25,000 32,000 14,897 179,937 Middle Earth 45,485 New Moon Wilderness 10,024 Open Door Preschool 9,292 Parents Anonymous 19,645 Pebble Project 7,500 People's Community Clinic 86,540 Planned Parenthood 30,000 Services for the Elderly 61,700 South Austin Youth 45,663 Sponsor Coordinators for Refugees 38,650 Teenage Parent Council 9,822 United Action for the Elderly 87,600 United Cerebral Palsy 34,200 University Y Austin Community Gardens 36,718 Womenspace 20,475 AWARE 20,475 Vaughn House 77,566 Volunteer Center 20,020 Youth Advocacy 28,000 Youth Employment Services 82,300 Shelter for Children 32,000 3,123,008 Mayor Pro Tem Trevino asked that Council defer'until later in the afternoon the Cultural Arts. Amendment to Motion Mayor Pro Tem Trevino amended his motion to set aside and earmark the monies of 1Z of the bed tax to be used for tourism and convention activities that are to be decided at a later date. Mayor Pro Tem Trevino stated Council has more motions to make. Roll Call on Motion with Amendment 7-0 Vote ) Council Memo FINANCIAL PLAN 15 - (Continued) Motion 9/20/84 Councilmember Urdy made a motion regarding the City employees as follows: General Wage Increase 447 effective October 1, 1984 Increase retirement benefits to 7%, a 4/10% increase, effective January 1, 1985 Add one designated holiday in honor of Martin Luther King, the third Monday in January The motion was seconded by Mayor Pro Tem Trevino. Mayor Mullen stated the proposed Financial Plan has been worked on a long time and Council had asked the City Manager to come in with a goal accomplished. "A lot of these things have continuously been discussed for weeks and months. Our Goals and Objectives have also given the City Manager a direction to go to in preparing the budget. With some minor modifications made today, we are getting there." Friendly Amendment Accepted Councilmember Duncan offered a friendly amendment to add to the motion instruction to the City Manager to look at the suggestion that there be facilitated communication between employees and a feedback system as recommended by AFSCME, not adopting their program, but asking the City Manager to draft our own program for Council to consider. Councilmember Urdy accepted the friendly amendment. Councilmember Spaeth requested the City Manager to review the different options to relieve Police officers of the responsibility of funeral escort service. "I would like for us to review these options and implement the program in six months." Friendly Amendment Accepted Councilmember Spaeth's friendly amendment to review Police escort service for funerals and implement a new program in six months was accepted by Mayor Pro Tem Trevino. Roll Call on Motion with Amendments 7-0 Vote : Council Memo FINANCIAL PLAN - 16 (Continued) 9/20/84 Mayor Mullen stated, "In addition to this, I asked the City Manager to go back and re-look at the re-evaluation from the time the budget was closed to this time. There is additional income that will be generated because of the re-evaluation's which are higher than projected at that time. I believe the City Manager's final figure is about $1,075,400 in addition. That will be added to our final discussion on the budget figure. We've asked the City Manager to come in with further cuts to the budget. I'd like to read what they are: "City Manager Department City Clerk $1,500 2,500 Management Services Municipal Court Information Systems 2,500 10,000 90,000 City Attorney Personnel 15,000 25,000 Communications Urban Transportation 25,000 50,000 Fire Department 150,000 Police Department 100,000 Public Works 200,000 Library 25,000 PARD 100,000 EMS 50,000 Health 50,000 Human Relations 2,500 Housing & Communication Service 8,000 Auditing 2,500 Financial Services 50,000 Total $959,500 Reduce VES transfer by $90,000 Reduce fuel by 50,000 Reduce travel by 50,000 Lease vehicles rather than purchase 500,000 Total 1,649,500 minus 29,600 back into Police Dept. NET 1,620,000 TOTAL" Mayor Mullen further stated, "What we need to do if the Council is amenable to those cuts and to the motion on the floor, is to add that as an amendment to the motion. Amendment Accepted Mayor Pro Tem Trevino accepted the amendment to the motion to include the above figures. Council Memo FINANCIAL PLAN - (Continued) 17 9/20/84 Friendly Amendment Councilmember Duncan offered a friendly amendment that we transfer funds from the ending balance of the gross services fund in the amount of $85,800 to the Office of Environmental Resource to be allocated to two additional environmental inspectors, $46,100 and one biologist at $29,000 and one environmental intern at $10,700 to be assigned to biological protection program. Councilmember Urdy accepted the friendly amendment. Friendly Amendment Councilmember Shipman offered a friendly amendment concerning Parks and Recreation, stating that swimming pools will be kept open the same length of time they have in the past; and extend the hours of Deep Eddy Pool to October 21 until 9 p.m. Friendly amendment accepted. Friendly Amendment Councilmember Shipman offered a friendly amendment to request the City Manager to monitor the History Center, in the event another position is needed there, it be considered a part of the budget. Mayor Pro Tem Trevino accepted the friendly amendment. Friendly Amendment Councilmember Shipman offered a friendly amendment to request the City Manager to devise a longevity scale for City Council Aides, which will be a reclassification after a certain period of time. Mayor Pro Tem Trevino accepted the friendly amendment. Friendly Amendment Councilmember Spaeth offered a friendly amendment to increase the Municipal Court Judge's pay by $5,000 annually and the Municipal Clerk of Court by $5,000 for a total of $35,000 ($5,000 fringe benefits.) Councilmember Urdy accepted the friendly amendment. Roll Call on Motion With Friendly Amendments 7-0 Vote Council Memo 18 FINANCIAL PLAN - (Continued) 9/20/84 Mayor Mullen discussed the Electric Utility System and stated it is recommended "We decrease the - amount of fuel by $31,228,642; decrease the working capital by $8,614,675, for a total of $39,843,317. That will reduce the increase in rates that were projected from 10% to 87." Motion Mayor Pro Tem Trevino made a motion, seconded by Councilmember Duncan to decrease the amount of fuel by $31,228,642 and decrease the working capital by $8,614,675 for a total of $39,843,317. Mayor Mullen stated, "On the solid waste services on the reduction list the lease/purchase of vehicles will decrease that requirement by $110,000 and the rear loading collection equals about $40,000 for a total of $150,000 decrease and would reduce the rate from $7.10 to $7.00 Motion : Mayor Pro Tem Trevino made a motion, seconded by Councilmember Duncan to decrease solid waste services by $150,000. Friendly Amendment Councilmember Duncan offered a friendly amendment to adopt the transfer from Electric to General Fund at the dollar figure recommended in the budget, but do not adopt policy of transfer today but come back and do so in 30 days. Mayor Pro Tem Trevino accepted the friendly amendment. Roll Call on Motions 7-0 Vote Mayor Mullen stated that at this point the reduction in the budget is about $40,500,000 below the City Manager's recommendation. He said the budget is finalized with the exception of cultural contracts that has to do with the bed tax. "Council, I would like us to go ahead and approve the budget that we discussed and come back to the bed tax question after that." Motion The Council, on Mayor Pro Tem Trevino's motion, Councilmember Duncan's second, approved the Financial Plan as discussed. (7-0 Vote) Council Memo 19 9/20/84 FINANCIAL PLAN - (Continued) Mayor Mullen stated, "What the Council has done is taken about I $39,000,000 out of the Utility System in cuts. Net cuts from the General Fund side, $635,000. Cuts of $150,000 from solid waste. must mention that in our final motion it would be fair for us to put back in some money for Police and Fire. Their wage increase should start on the same day as the rest of the employees. It had been pegged to start on 10/14 and it should start at 10/1. That will cost an additional $37,750 to accomplish it. The net total differential on the budget is a reduction of the budget by $40,628,742. The property tax rate will be decreased from 48.1 to 47.1 and the ending balance will be increased by $350,000 which makes an ending balance of $9,582,000. We started off with about $9,200,000." Mayor Pro Tem Trevino pointed out that not too many years ago the ending balance was $300,000 and now the ending balance is over $9,000,000 and "I think this is to insure in the event there is a contingency that cannot be overlooked or suggested by Council, that there is sufficient money to utilize that." Mayor Mullen further stated, "We said if we reduced the budget by 27.7%, if people got an increase in their evaluation, they would have had to have gotten an increase of over 55% to be comparable. That is complicated to understand, but if you have $100.00 and you increase it by 10% then you increase it to $110.00. If you decrease it by 10% it only decreases to 101. ....So 27.7% decrease is comparable to 55.4% increase on your evaluation. Everybody agree to that? If your house was worth $100,000 and it now is $150,000, that's a 50% increase. If you reduce increase by 50% you only reduce it to 125. That is what we have done. It sounds strange but it accomplishes what we promised to do. Also, I want to mention that we discussed a projected increase in electric utility rates on May 1985 they would go into effect. They are projected to be an 87 increase instead of a 10% increase. .... Is there a motion on the floor to approve all of that?" Motion Mayor Pro Tem Trevino said, "Yes, exactly as you stated, Mayor." Councilmember Duncan seconded the motion. (7-0 Vote) LATER IN THE DAY: Council returned to discussion of the Financial Plan later in the day, after a recess from 7:15 p.m. to 7:55 p.m. Jorge Carrasco, City Manager, stated he wanted to clarify the number of personnel increased in the Police Department. He said there will be an additional 17 sworn officers in addition to discontinuing the funeral escort which always takes four officers. Over the next six months, when the funeral escort is discontinued, the four officers will be freed for other duty, making the total 21 officers, which makes 1.66 officers per 1000 population. ) Council Memo 20 FINANCIAL PLAN - (Continued) Motion 9/20/84 Mayor Pro Tem Trevino made a motion, seconded by Councilmember Shipman to fund Cultural Arts as follows: FINAL REC. BALANCE AGENCY BALLET AUSTIN LAGUNA GLORIA PARAMOUNT ZACHARY SCOTT/GENERAL PROJECTS AUSTIN BALLET. DEBORAH HAY SHARIR BLACK ARTS LUCHA WOMEN AND WORK AUSTIN SYMPHONY CIRCLE THEATRES ACVAA DANCE UMBRELLA MUSIC UMBRELLA TEXAS CIRCUIT BALLET FOLKLORICO CORAL UNION CIRCLE OF THEATRES CIVIC CHORUS COMMUNITY ORCHESTRA ACVA A/SPONSORED PROJECTS ACVA A/ JOINT APPLICATIONS ETHNIC HISTORY FEDERATION OF MUSICIANS FRIENDS OF TRADITIOANL MUSIC LAWYERS AND ACCOUNTANTS INVISIBLE INC BALLET EAST : BAA/CONCEPTS UNLIMITED CITY PLAYHOUSE DANCE UMBRELLA/SPONSORED PROJECT EARLY MUSIC INST GENESIUS KMFA LIVE DAK MUSIC UMBRELLA/SPONSERED PROJECT AUSTIN SYMPHONIC BAND CIVIC WIND ENSEMBLE MUSIC WORKSHOP ACCESS FOR YOUTH COUNCIL INITIAL REC ADJUSTMENT --- - --- -- 46,63 2,731 43,900 185,532 4,486 181,046 60,402 3,537 56,865 49,085 2,874 46,211 24,700 1,446 23,254 11,682 684 10,998 10,799 632 10,167 27,000 (83) 27,083 36,963 2,164 34,799 31,246 1,830 29,416 69,360 4,062 65,298 10,799 632 10,167 15,053 881 14,172 23,438 1,372 22,066 13,685 801 12,884 4,909 287 4,622 23,167 1,357 21,610 12,271 719 11,552 22,481 1,316 21,165 4,516 264 4,252 1,374 80 1,294 11,044 647 10,397 7,461 437 7,024 1,200 70 1,130 28,639 1,677 26,962 884 884 0 9,768 572 9,196 3,534 207 3,327 13, 100 767 12,333 1,767 1,767 0 25,524 1,495 24,029 12,762 747 12,015 982 962 0 4,319 253 4,066 3,000 176 2,824 7,854 460 7,394 12,608 738 11,870 1,669 98 1,571 2,305 135 2,170 1,178 69 1,109 Council Memo FINANCIAL PLAN 21 - (Continued) WEAVERS AND SPINNERS THE OPEN THEATRE PEOPLE HISTORY IN TEXAS THEATRICAL PRODUCTIONS ZACHORY SCOTT/COMTY PROD ADMINISTRATIVE AIDE CONTINGENCY FUND TOTAL 9/20/84 982 1,512 982 89 0 1,423 3,534 207 3,327 982 58 924 3,927 3,927 0 19,513 1,143 18,370 22000 1,288 20,712 866 51 815 $888,007 $52,000 $836,007 Mayor Mullen said he wanted to make certain everyone understands that is slightly higher than what was allocated to begin with.but he said it is close enough to the estimated bed tax. "It is very hard to know exactly, but since we have estimated conservatively there probably will be no problem at all. I want everyone to understand this is bed tax money, it is not property tax money. Friendly Amendment Mayor Mullen offered a friendly amendment that if any of these entities have not turned in a proper record, if they need to be audited and they haven't been, if they cannot prove what they have been doing with the money in the past, that the new funds not be allocated until the records are brought up to date, properly, for the Commission. The friendly amendment was accepted. Amendment to Motion Mayor Pro Tem Trevino offered a motion, amendment that all agencies comply with the rules and regulations, the monthly report, the quarterly report, and whatever is required of them; if they do not funds will be cancelled. Friendly Amendment Councilmember Duncan offered a friendly amendment that the increase allocated to the Music Umbrella/Sponsored Project be designated to the Creative Opportunity Orchestra. Mayor Pro Tem Trevino accepted the friendly amendment. Mayor Mullen said, "We may be cutting some of these programs to where if they cannot make up the difference they cannot put on a program. If that happens we need to have that fund go back into Council Memo 22 FINANCIAL PLAN - (Continued) 9/20/84 the contingency fund at the end and not just be with that organization." Roll Call on Motion with Amendments 7-0 Vote Mayor Mullen stated, "We need to adopt the Operating Budget as listed on the agenda." Motion The Council, on Mayor Pro Tem Trevino's motion, Mayor Mullen's second, waived the requirement for three readings and finally passed an ordinance adopting the Operating Budget of approximately $860,000,000 as amended. (7-0 Vote) Motion The Council on Mayor Pro Tem Trevino's motion, Councilmember Duncan's second, waived the requirement for three readings and finally passed an ordinance approving the Capital Improvements Program budget of approximately $733.8 million. (7-0 Vote) Motion The Council, on Mayor Pro Tem Trevino's motion, Councilmember Duncan's second, waived the requirement for three readings and finally passed an ordinance adopting the Ad Valorem (Property) Tax Rate at 47.1 per $100. (7-0 Vote) Motion The Council, on Mayor Pro Tem Trevino's motion, Mayor Mullen's second, waived the requirement for three readings and finally passed an ordinance adopting changes to Historic Exemptions. (7-0 Vote) Motion The Council, on Mayor Pro Tem Trevino's motion, Mayor Mullen's second, waived the requirement for three readings and finally passed an ordinance adopting the Tax Roll of $15.6 billion. (7-0 Vote) TRAFFIC TICKETS FOR MAYOR MULLEN On behalf of the Council, Mayor Pro Tem Trevino presented Mayor Mullen with a book of traffic tickets to hand out because, as Mayor Pro Tem Trevino said, "You are a certified police officer". : C Council Memo 23 ZONING HEARINGS 9/20/84 Mayor Mullen announced Council would hear the the following zoning application. Council heard, closed the public hearing, granted and instructed the City Attorney to draw the necessary ordinance. C 14-84 074 OLTORF-BEN WHITE JOINT VENTURE by URS Engineers Proposed Oltorf Street and Ben White Boulevard From Interim "AA" lst H&A "C" & "DL" 2nd H&A to RECOMMENDED subject to letter of credit for 1/3 of the cost of a traffic signal at Bryant Boulevard/ East Ben White; total cost of 474' of left-turn lane storage; and total cost of a free right-turn lane for westbound E. Ben White and northbound Bryant Boulevard; all as agreed to by applicant. GRANTED AS AGREED TO BY APPLICANT AND THE NEIGHBORHOOD Dick Rathgeber, University Business Park, said they have reached an agreement with The Greater Southeast Neighborhood Alliance and the Montopolis Neighborhood Association. The agreement is, "No public transient food/shelter facility will be constructed anywhere in the subdivision. The second part is that Lots 4,5,6 Block A, and Lot 4, Block B, will be restricted to "GR" or lower zoning. Number three is that all building and site plans must be presented to an architectural consultant committee composed of two representatives from the developers and one representative from the neighborhood association and must be approved by a majority vote. A letter of credit will also be included." Enrique Lopez, Nontopolis Neighborhood Association, and Michael Parton, Southeast Neighborhood Alliance, both expressed their approval. Councilmember Shipman asked for buffering and Marie Gaines, Office of Land Development, said it is not necessary since the adjoining area is industrial. (On Councilmember Duncan's motion, Mayor Pro Tem Trevino's second, 7-0 Vote) C14-84 CITY OF AUSTIN 217 PARKS AND 519 S. Pleasant Valley Road RECREATION DEPARTMENT From Interim "A" 1st H&A "GR" 1st H&A To RECOMMENDED MOTION TO GRANT FAILED Council Memo ZONING - (Continued) 24 9/20/84 Marie Gaines reviewed. She said the applicant is seeking "GR" 1st H&A. The Planning Commission took the item by consent and felt it was an appropriate land use change. The proposed zoning would allow the incidental sale of beer at the Craig softball concession building complex to supplement food sales. Jesus Garza, Acting Director of Parks and Recreation, stated the PARD Board approved the roll back to "A" if the concession ever is lost or the agreement runs out. Councilmember Spaeth said that basically they are not changing anything but giving them a new vehicle because of the State law that changed. Paige Graves spoke in opposition to the re-zoning. Motion Councilmember Spaeth made a motion to approve as recommended by the Planning Commission with the understanding it is not something new that is being done, it has been in existence before and that it roll back to "A" if existing use ceases to be. Mayor Pro Tem Trevino seconded the motion. (Motion FAILED by a vote of 3-4, with Mayor Mullen, Councilmembers Duncan, Rose and Shipman voting No.) ------ C14r-84 DANNY M. WOMACK MoPac (Proposed) 013 By Brad Burns From Interim "A" Ist H&A "O" 2nd H&A To NOT RECOMMENDED RECOMMENDED "0-1" 1st H&A, tied to a site plan. ACTION TO BE TAKEN 9/27/84 AT 3:15 p.m. Marie Gaines reviewed. No one appeared to be heard. Motion The Council, on Councilmember Rose's motion, Councilmember Duncan's second, closed the public hearing. (7-0 Vote) i PUBLIC HEARING ON APPEAL The public hearing, scheduled for 5:00P.M. was held with David Armbrust, Tom Hansel, Joe Beal, Bert Cromack, Frank Cooksey, Phil Savoy, Jane Anderson, Shudde Fath and Jay Powell speaking on an appeal from Bert Cromack, representing Save Barton Creek Assn., of Planning Commission decision to approve a variance for Barton Bend Office Park. Decision will be made on September 27, 1984 at 3:15 p.m. Council Memo 25 ZONING HEARING 9/20/84 Mayor Mullen announced Council would hear the zoning case scheduled for 4:00p.m. Council heard, closed the public hearing and directed the City Attorney to draw the necessary ordinances.. C14-80 THE VILLAGE OF 114 WEST CREEK By Barry Campbell 4800 McCarty Lane Review of site plan for "A-2" zoning. GRANT AS RECOMMENDED BY PLANNING COMMISSION; 50% MASONRY ON FRONT, LOWER IMPERVIOUS COVER TO 40% AND SUBJECT TO 2 LETTERS REFERRED TO BY APPLICANT (OLDS HAS) Marie Gaines reviewed the application. She said 12 units per acre is planned. Scott Roberts, representing NPC, explained the project. Sarah Summer, 5009 Summers Circle, told Council the neighborhood has met with NPC and they have agreed to some changes. She said their problem is one of density and fear they will be in the danger of flooding with the proposed project. Jack Briarwood said this project is adjacent to the 100 year flood plain. He said Oak Hill is under intense development and there could be a flood and turn the area into a disaster area. Bert Cromack said this is in a critical water quality zone. Phil Evans, president, Western Oaks Neighborhood Association, is against the project. Elizabeth Eisenhauer also asked Council to deny. Councilmember Shipman said she believes 80 units in the area consists of too intensive zoning. Motion - DIED FOR LACK OF SECOND Councilmember Shipman made a motion to grant 64 units. Motion died for lack of a second. Motion Councilmember Duncan made a motion, seconded by Councilmember Urdy to approve the zoning as recommended by the Planning Commission, with 50% masonry on the front and lower the impervious cover to 40%. (5-1-0 Vote, Councilmember Shipman voted No, Councilmember Spaeth was out of the room.) i Council Memo 26 9/20/84 PUBLIC HEARINGS ON APPEALS Mayor Mullen opened the public hearing set for 5:00 p.m. on an appeal from Mr. Bert Cromack, representing the Save Barton Creek Association, of the Planning Commission decision to approve a variance for Shadowridge Crossing Section 1, Phases A and C (C8-84-62 and Section 1, Phases B. D and E). (C814-84-013). Motion The Council, on Councilmember Urdy's motion, Mayor Mullen's second, closed the public hearing and approved the variance with two crossings. (6-0 Vote, Councilmember Spaeth was out of the room.) ----- ....---- - Mayor Mullen opened the public hearing set for 5:00p.m. on an appeal from Mr. Bert Cromack, representing the Save Barton Creek Association, of the Planning Commission decision to approve a variance for Tanglewood Forest, Section 4, Phase E (C8-82-32.02) (84). Bert Cromack reviewed. He said the engineer has worked out a solution which will accommodate water. Fred Lockwood, representing the Wilson Company, asked the Council to uphold the Planning Commission decision and approve the variance. Mayor Mullen said staff should go back and look at the cost of the road. He requested this be brought back September 27, 1984 at 3:25 p.m. CITIZEN COMMUNICATION John Noell appeared before Council to give them a letter concerning approach mains in the West Bull Creek area. He said there are a number of problems. The Planning Commission will consider this next Tuesday and he requested Council discuss the situation during the September 27, 1984 Council Meeting. EXECUTIVE SESSION Mayor Mullen announced Council would enter Executive Session to discuss: (1) Houston Lighting and Power Company, et al v. Brown ! Council Memo 27 9/20/84 and Root, et al in Matagorda County and City of Austin vs. Houston Lighting and Power Company in Travis County Paragraph e. (Litigation) - Section 2, (2) Acquisition of land - Section 2, Paragraph f.. RECESS AND ADJOURNMENT Council recessed its meeting at 9:40 for Executive Session and adjourned its meeting at 10:25 p.m.