YOF FOUNDED 1839 Austin City Council MINUTES For January 24, 1985 - 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 1:00 p.m., noting the absence of Councilmember Rose. MINUTES APPROVED The Council, on Councilmember Shipman's motion, Councilmember Spaeth's second, approved the minutes of the meeting of December 13, 1984. (6-0 Vote, Councilmember Rose absent.) ITEMS POSTPONED The Council, on Mayor Pro Tem Trevino's motion, Mayor Mullen's second, postponed until January 31, 1985, consideration of the following ordinances: (6-0 Vote, Councilmember Rose absent) 1. Consider amending the Water District Procedures Ordinance (821111-K and 830203-E). 2. Consider consenting to the creation of the North Travis County Municipal Districts 1-3. GOLD CROSS SERVICES, INC. The Council, on Mayor Pro Tem Trevino's motion, Mayor Mullen's second, PASSED THROUGH SECOND READING ONLY an ordinance granting a franchise for transfer of persons previously sick, injured, or incapacitated on a nonemergency basis, to Gold Cross Services, Inc. in Council Memo ORDINANCE - (Continued) 2 1/24/85 accordance with Ordinance No. 790524-E. (6-0 Vote, Councilmember Rose absent.) CONSENT RESOLUTIONS The Council, on Mayor Pro Tem Trevino's motion, Councilmember Urdy's second, adopted the following resolutions in one consent motion: (6-0 Vote, unless otherwise indicated.) Release of Easements Authorized release of the following easements: a. The 7.5' Public Utility Easements on Lots 84, 85, and 86, Block A, Beckett Meadows Section One. (Request submitted by Carlson and Dippel, Inc:) b. The 7.5' Public Utility Easement on Lot 1, Block A, Beckett Meadows Section II. (Request submitted by Carlson and Dippel, Inc.) c. d: e. f. 8. A portion of the 7.5' Public Utility Easement along the side lot line of Lot 24, Block F, Maple Run Section Three, 4302 Clarno Drive. (Request submitted by Carlson and Dippel, Inc.) Two 5' Public Utility Easements on Lot 2, Preswyck Hills Commercial Area, Springdale Road at Rogge Lane. (Request submitted by Mr. Jack Chisholm) The 10' Public Utility Easements on the north property line of Lot 1, All Star Subdivision, 13900 Block U.S. 183 North. (Request submitted by Mr. Gary F. Brown) A portion of Electric Easements recorded in Volume 595, Page 86; Volume 623, Page 177; and Volume 633, Page 18, of the Travis County Real Property Records and located at 5832 U.S. 290 West. (Request submitted by Jack Holt and Associates) Two (2) Electric Easements recorded in Volume 560, Page 71, and Volume 571, Page 326, of the Williamson County Deed Records and located at McNeil Road at Los Indios Trail. (Request submitted by Schoenfeld Enterprises) Council Memo EASEMENTS - (Continued) 3 1/14/85 h. (1) A 5' by 105' Electric and Telephone Easement recorded in Volume 470, Page 233, Deed Records of Williamson County, Texas; (2) A 5 Electric and Telephone Easement as recorded in Volume 720, Page 567, Deed Records of Williamson County, Texas; (3) An affidavit on use of utility services as recorded in Volume 698, Page 708, Deed Records of Williamson County, Texas; (4) Portions of Blanket Electric Easements in Volume 286, Page 396; Volume 288, Page 72; Volume 291, Page 157; Volume 301, Page 9, Deed Records of Williamson County, Texas, insofar as they affect said 21.44 acre tract. (Request submitted by Melanie Fadel on behalf of Venture Investment Properties) Capital Improvements Program Approved the following Supplemental Amendments to the Capital Improvements Program: a. • b. c. Professional Basic Services Agreement between the City of Austin and JV5 (Architects-Engineers) for preparing and maintaining a computerized equipment planning system for the Brackenridge 2000 project - $12,000.00. C.I.P. No. 84/84-01 The contract between City of Austin and Pfluger Associates for the Fire Station at Bee Cave Woods and Honey Tree Lane$12,000.00 with contingencies not to exceed $3,000.00 for programming and schematic design of a Prototypical Fire Station. C.I.P. No. 85/83-01 The Professional Services Agreement between the City of Austin and the Joint Venture firms of Black & Veatch, Inc. and Tye F. Collins & Associates, Inc. for the Onion Creek Wastewater Interceptor Facilities - $595,610.00. C.I.P. No. 73/23-11 Change Order Approved the following Change Order, Capital Improvements Program: In the amount of $20,692.00 to BRB Contractors, Inc., for the Green Water Treatment Plant -1983 Modifications and Facilities Improvements. (.22% increase of the original contract) CAPITAL IMPROVEMENTS PROGRAM No. 73/22-92. : Council Memo 4 Contracts Approved Approved the following contracts: a. Bid award: (1) COMMERCIAL BODY CORPORATION 142 Gembler Road San Antonio, Texas (2) COMMERCIAL BODY CORPORATION 142 Gembler Road San Antonio, Texas b. JOE MCDANIEL CONSTRUCTION CO., 15203 Highway 71 West Austin, Texas c. d. SARGENT ELECTRIC CO. OF TEXAS 4811 Cripple Creek Drive Houston, Texas B & B LANDCLEARING CO., INC. 1212 Old Bastrop Highway Austin, Texas e. ELLA CONTRACTING, INC. 8101 Cameron Road, Unit 303 Austin, Texas - - - - 1/24/85 CAPITAL IMPROVEMENTS PROGRAM - Mini Buses, Urban Transportation Department - $279,200.00 C.I.P. No. 83/90-02 Item 14 units Total $139,600.00 Item 24 units Total $139,600.00 subject to approval by UMIA of Urban Transportation Department Grant currently in process. CAPITAL IMPROVEMENTS PROGRAM - Installation of Underground Electric Distribution Facilities for Wells Branch Phase E, Section 1, Electric Utility Department Total $33,941.75 C.I.P. No. 84/15-01 CAPITAL IMPROVEMENTS PROGRAM - Overhead Electric Distribution Facilities at Howard Lane (IH-35 to Burnet Road) Yager Lane (TH-35 to Dessau Road), and Ben White Boulevard (Montopolis to Burleson Road), Electric Utility Department Total $78,057.17 C.I.P. No. 85/14-02 CAPITAL IMPROVEMENTS PROGRAM - Installation of Underground Electric Distribution Facilities for Anderson Mill Village South, Electric Utility Department Total $43,236.20 C.I.P. No. 84/15/01 CAPITAL IMPROVEMENTS PROGRAM - Installation of Underground Electric Distribution Facilities for Rob Roy on the Creek, Section 5, Electric Utility Department Total $59,939.85 C.I.P. No. 84/15-01 ! Council Memo CONTRACTS f. 8. - (Continued) 5 1/24/85 BBC BROWN BOVERI, INC. 1003 Wirt Road, Suite 208 Houston, Texas FRANK LIMON & SONS, INC. (MBE) P. O. Box 6310 Austin, Texas - - CAPITAL IMPROVEMENTS PROGRAM - Metalclad Switchgear, Electric Utility Department Total $689,535.00 C.I.P. Nos: 85/16-12, 85/16-11, 85/16-04, 79/16-05, 85/16-05, 85/16-06, 85/16-07 & 83/16-03 CAPITAL IMPROVEMENTS PROGRAM - Guadalupe Neighborhood Area Alley Improvements - Group III, Public Works Department Total $187,955.00 C.I.P. Nos: 83/62-81 & 83/23-04 (5-0 Vote, Mayor Pro Tem Trevino abstained because he is related to the owner, Councilmember Rose absent.) CDBG Funds Approved CDBG funds for Standard Rehabilitation Loans in the following amounts and authorized staff to enter into appropriate contracts: a. Mastercraft Construction - $11,400.00 b. с. Texas Star Home Improvement - $15,800.00 Mastercraft Construction - $18,810.00 d. e. Texas Star Home Improvement - $17,250.00 Mastercraft Construction - $19,300.00 Application to UMTА Authorized submission of an application to the Urban Mass Transportation Administration for the City of Austin FY 1985, Section 9 formula apportionment for Capital and Operating Assistance. Condemnation Trial Approved retaining Touche Ross & Company - Experts: Condemnation trial - City of Austin v. Covert. Research Proposal Approved for $10,000.00 for funding a research proposal to study an Automatic Generation Control System submitted to the Electric Utility by the University of Texas at Arlington. Council Memo 6 Item Postponed 1/24/85 Postponed until February 7, 1985 consideration of a resolution authorizing submission of a grant application to the Capital Area Planning Council for funding of a Child Assault Prevention Project. Waivers Granted Approved granting waivers from compliance with the Northwest Land Use Guidance Plan pursuant to Ordinance No. 841220-FF to certain development projects reviewed by the City Manager. Hearing Set Set a public hearing for February 7, 1985 at 2:30 p.m. on the following: An application to the Urban Mass Transportation Administration for the City of Austin FY 1985, Section 9 formula apportionment for Capital and Operating Assistance. SITE PLAN APPROVAL The Council, on Councilmember Shipman's motion, Mayor Pro Tem Trevino's second, waived the requirement for three readings and finally passed an ordinance, on an emergency basis, granting approval of amendment to site plan (C14-82-017). (6-0 Vote, Councilmember Rose absent) REGIONAL WATER QUALITY Jim Thompson, Director of Water' and Wastewater, reported on Regional Water Quality. He said the League of Women Voters has requested a study. After he presented his report, which is on file in the City Clerk's office, Councilmember Shipman asked him to send a copy of it to the League of Women Voters. EXECUTIVE SESSION Mayor Mullen announced Council will go into an Executive Session, pursuant to Article 6252-17, Texas Revised Civil Statutes Annotated, to discuss the following matters: a. Board and Commission Appointments Paragraph g. Section 2, Council Memo EXECUTIVE SESSION 7 - (Continued) 1/24/85 b. Pending Litigation, including but not limited to the following items, and action, if any, on any of the following items: (1) Houston Lighting and Power Company et al v. Brown and Root, et al in Matagorda County, and the City of Austin vs. Houston Lighting and Power Company in Travis County Section 2, Paragraph e. - (2) Overton, et al v. City of Austin, et al (Single Member district lawsuit), Section 2, Paragraph e. (3) Sierra Club v. City of Austin. RECESS Council recessed for executive session at 1:42 p.m. and resumed their recessed meeting at 5:25 p.m. SINGLE MEMBER DISTRICT LAWSUIT Mayor Mullen announced Council had reached a decision concerning the Overton, et al v. City of Austin, et al (Single-Member district lawsuit) during their executive session. Mayor Mullen said he is convinced there will be ongoing pressure to go single-member but the vote of the people on January 19, 1985 told the Council that the people do not want single member districts. Motion The Council, on Councilmember Spaeth's motion, Mayor Mullen's second, approved instructing the City Manager to instruct the City staff to defend the Austin City Charter concerning the method of voting for Mayor and Councilmembers. (6-0 Vote, Councilmember Rose absent.) Mayor Pro Tem Trevino stated that if the judge rules in favor of members at-large that does not mean the Justice Department can rule on annexation. Councilmember Urdy said the decision will be made by the judge but the City Attorney must defend the Charter. Councilmember Duncan said he is convinced some day there will be single member districts but "the voters have told us what to do, therefore, the City Attorney should defend our Charter." i Council Memo 8. ZONING HEARING 1/24/85 Mayor Mullen announced Council would hear the zoning case scheduled for 2:15 p.m. Council heard, closed the public hearing, and directed that the foster home will continue as a non-conforming use. Council will come back with a new category after study by staff. At that time Liliado and Eloise Campos will appear again. The motion, made by Councilmember Shipman and seconded by Mayor Mullen. passed by a vote of 6-0, Councilmember Rose absent.) C14-84 LILIADO LALO & 282 ELOISE CAMPOS 2004-2006 Bert valid petition 66% From "A" ist H&A (SF-4) To "O" 1st H&A (LO) RECOMMENDED subject to a maximum of 12 children, rollback to "A" 1st H&A when foster home ceases operation. NO ACTION TAKEN ON ITEM Council took no action on an appeal from Mr. Craig B. Alter on the denial of a variance request for the Shavano Woods Subdivision (C8-84-162) by the Planning Commission. ITEM TO COME BACK TO COUNCIL Ms. Mary Lou Shirer's request that Council instruct the Building Inspection Department to have Diamond Shamrock submit a new and correct application for a building permit for building at Spicewood Springs Road and Mesa Drive, will be discussed further at the January 31, 1985 Council Meeting. Applicant, members of the neighborhood and staff are to meet before then to work out the problems. CITIZENS DID NOT APPEAR Mr. Stephen K. Stilp, who requested exemption from Ordinance No. 841206-H, did not appear. An agreement had been reached. --- --- - ----------- Mr. Martin Camp, who had requested a License Agreement for air and subsurface rights and a waiver of licensing fees for use of such rights, will appear on January 31, 1985. Mr. Buck Pepper, who had requested approval of a site plan for Town Square (Davenport Ranch Phase 3, Section 12) did not appear before Council. Council Memo 9 1/24/85 PUBLIC HEARING SET The Council, on Councilmember Duncan's motion, Mayor Pro Tem Trevino's second, set a public hearing for February 14, 1985 at 5 p.m. on the request of Ms. Dorothy Richter concerning the request for Council action on C14n-84-011. (5-0 Vote, Mayor Mullen out of the room, Councilmember Rose absent) ELECTRIC UTILITY COMMISSION REPORT John Moore, Electric Utility Department, presented the Electric Utility Commission report on recommendation concerning natural gas pipeline regulation. Motion The Council, on Councilmember Shipman's motion, Councilmember Duncan's second, voted to support the recommendation of the Electric Utility Commission concerning natural gas regulation. (5-0 Vote, Councilmember Rose absent, Mayor Mullen out of the room.) STREET VACATION The Council, on Councilmember Spaeth's motion, Mayor Pro Tem Trevino's second, closed the public hearing, waived the requirement for three readings and finally passed an ordinance vacating a portion of Camp Craft Road right-of-way as dedicated in Volume 7892, Page 199, of the Travis County Real Property Records. (Request submitted by Cornerstone Development Corp. on behalf of Mr. William Gurasich, Trustee) ZONING CASE POSTPONED INDEFINITELY The following zoning case was postponed indefintely: C14-84 HAZEL GULLY 324 By Donna Kristaponis 6600 E. MLK Blvd. From "O" & "AA" 1st H&A (0 & SF-2) To "DL" 1st H&A (LI) "O" 1st H&A (LO) RECOMMENDED (as amended) "DL" 1st H&A for 38% of the tract, grant "O" 1st H&A for 62% of the tract, subject to agreement between the staff and applicant on materials to be used and hours of operation, subject to up to 60' right-of-way from centerline of Webberville. Council Memo 10 STREET CLOSURE 1/24/85 The Council, on Councilmember Spaeth's motion, Mayor Mullen's second, closed the public hearing, waived the requirement for three readings and finally passed an ordinance permanently closing Duval Road at the Missouri Pacific Railroad tracks between Whispering Valley Drive and Dorsett Road. (Request submitted by the Public Works Department) 6-0 Vote. ADJOURNMENT Council adjourned its meeting at 7:45 p.m.