FOUNDED 181 Austin City Council MINUTES For January 31, 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 presence of all Councilmembers. MINUTES APPROVED The minutes of regular meetings of December 20, 1984, January 24, 1985 and Special Meetings of November 28, 1984 and January 23, 1985, were approved in a motion made by Councilmember Shipman and seconded by Councilmember Spaeth. (6-0 Vote, Mayor Pro Tem Trevino was out of the room.) CONSENT ORDINANCES The Council, on Councilmember Shipman'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) Operating Budget Amended the 1984-85 Annual Operating Budget by a. Accepting $413,000 from the U.S. Department of Housing and Urban Development FY 1985 Rental Rehabilitation Grant. (Council Goals II.10, V.4.) b. Appropriating $80,000 to the Financial Services Department for additional consultant services associated with Municipal Office Complex during the Developer Option Period. i ! こ Council Memo 2 OPERATIONG BUDGET - (Continued) 1/31/85 • c. d. Transferring $48,900 from the Financial Services Department to the Internal Audit Department to implement the Program Evaluation Ordinance. - Real Appropriating $110,419 to the Public Works Department Estate Division to pay taxes on City-owned land. (Texas State Law and State Property Tax Code requires the City to pay taxes on land being leased to others.) Items Pulled Council pulled from the agenda until February 7, 1985 consideration of amending the 1984-85 Annual Operating Budget by transferring $30,200.00 from the Civic Center Reserve Fund and appropriating to the CIP Civic Center Feasibility Study project. Council pulled from the agenda for one week consideration of amending the Capital Improvements Program by accepting $30,200.00 for the Capital Improvements Program Civic Center Feasibility Study Project. Hazardous Materials Storage and Registration Amended the Hazardous Materials Storage and Registration Ordinance. Moratoriums Extended Granted extension of the deadline on the moratorium and study of the Downtown Mixed Use Area North of 14th Street to March 14, 1985. Granted a 60 day extension to the moratorium on rezoning actions in the Rosedale Neighborhood Area. Ordinance Amended Amended the following ordinance to correct the legal description: Ordinance No. 830922-G - Case No. C14-83-107 Regular Election Called Called the regular election for Councilmembers and related matters thereto for April 6, 1985. ! : Council Memo Zoning Ordinances 3 1/31/85 Amended Chapter 13-2 of the Austin City Code (Zoning Ordinance) to cover the following changes: AUSTIN BEN WHITE LTD. PARTNERSHIP By Donald E. Bird C14-79-074 Rear 7000 Block E. Ben White Blvd. From Interim "SR-2" to "LI" & SF-3" ADON E. SITRA C14-84-178 CITY OF AUSTIN C14-73-253 GLENN SYNOTT C14-84-092 CITY OF AUSTIN OFFICE OF LAND DEVELOPMENT SERVICES C14-84-143 11646 Jollyville Rd. 11331 Taylor Draper Lane 2311 Rutland Drive 6100-6306 Bolm Road 1100-1113 Gardner Road From Interim "SF-2" to "SF-6", "LO", & "SF-3" From Interim "SF-3" to "LI" From "GR" to "LI" From Interim "SF-3" to "SF-6" A greenbelt including land on either side of Barton Creek from a point beginning north of Ringtail Ridge to the point where Barton Creek intersects the Barton Skyway CONSENT RESOLUTIONS The Council, on Mayor Pro Tem Trevino's motion, Councilmember Urdy's second, adopted the following resolutions in one consent motion: (7-0 Vote) Leases Approved a lease with A & H Investments for the Construction Inspection Division of the Public Works Department. Approved lease with Twin Towers Venture for the Health Department. ت Council Memo Release of Easements 4 Authorized release of the following easements: 1/31/85 a. An Electric Easement of record in Volume 3138, Page 2389 b. c. of the Travis County Real Property Records and located on Lot B, Austin Business Park Number Two, Research Blvd. @Putnam Drive. (Request submitted by Mr. David Bell Surveyors) A portion of a Blanket Electric Easement of record in Volume 680, Page 24, of the Travis County Real Property Records insofar as it affects Hidden Valley Phase A. (Request submitted by Cunningham-Graves, Inc.) A portion of the Blanket Electric Easement recorded in Volume 684, Page 626, of the Travis County Real Property Records insofar as it affects Lot 1, Acme Brick Addition, Section Two. U.S. 183 @ Burnet Road. (Request submitted by Mr. David Bodenman) Change Orders Approved the following change orders: a. b. c. In the amount of $62,900 to Management Science America, Inc. (MSA) for emergency purchase of a software upgrade to the existing MSA system at Brackenrdige. (18% increase of the original contract) - CAPITAL IMPROVEMENTS PROGRAM In the amount of $25,520.00 to Olshan Demolishing Company, Inc. for removal of existing transformer vault and new electric service to the existing clinic building in the demolition of the Old Brackenridge Hospital. (4.025% increase of the original contract) CAPITAL IMPROVEMENTS PROGRAM No. 83/74-05. CAPITAL IMPROVEMENTS PROGRAM In the amount of $64,807.60 to Shawnee Construction, Inc. for the Upper Shoal Creek Interceptor Phase II-B Contract. (7% increase of the original contract) CAPITAL IMPROVEMENTS PROGRAM No. 72/23-16 Capital Improvements Program Approved supplemental amendment to the existing Professional Services Agreement between the City of Austin and L.M. Holder, III, Inc. for energy analysis of the Brackenridge 2000 Project. CAPITAL IMPROVEMENTS PROGRAM No. 84/84-01 (Fixed Fee ------ - $27,810.00) Approved additonal services in the amount of $1,500.00 to an existing Professional Services Agreement of $4,580.00 between the City of Austin and Wilson Stoeltje Martin, Inc. Architects and Planning Consultants, for performing construction phase services to administer ; Council Memo CIP - (Continued) 5 1/31/85 the construction of handrail modifications as an emergency safety measure to the Police Headquarters Building. CAPITAL IMPROVEMENTS PROGRAM No. 79/87-03. Acquired the following: - a. Two easements for the Cameron Road/U.S. 183 Childress Project. (Clear Creek Estates J.V.) CAPITAL IMPROVEMENTS PROGRAM No. 73/62-44 b. An outdoor advertising sign located on right-of-way for U.S. 290 East Project (Cameron Road to U.S. Highway 183) which is part of the 90-10 Right-of-Way Purchase Agreement with the State Department of Highways & Public Transportation. CAPITAL IMPROVEMENTS PROGRAM No. 78/62-45 c. A drainage easement for the Shoal Creek Drainage/FosterGreenlawn Parkway Project. (Owen M. and Veronica Vessels) CAPITAL IMPROVEMENTS PROGRAM No. 82/60-05 d. A drainage easement for the Shoal Creek Drainage/FosterGreenlawn Parkway Project. (Timothy and Jacqueline Roberts) CAPITAL IMPROVEMENTS PROGRAM No. 82/60-05 Item Postponed Postponed until February 7, 1985 consideration of approval of a contract award for the construction of the South Pressure Zone Water Transmission Main Phase II, Water and Wastewater Department. CAPITAL IMPROVEMENTS PROGRAM No. 73/22-23. (continued from January 17, 1985) Contracts Approved Approved the following contracts: BCM CONVERSE, INC. 108 St. Anthony Street Mobile, Alabama OLMOS CONSTRUCTION COMPANY P. 0. Box 13172 Austin, Texas - - CAPITAL IMPROVEMENTS PROGRAM - Asbestos Management Planning, Department of Public Event Facilities - $37,386.00 C.I.P. No. 85/80-02 CAPITAL IMPROVEMENTS PROGRAM - Banister Lane Phase II Paving and Drainage Improvements Department - $493,833.50 Improvements, Public Works C.I.P. No. 85/62-61 Council Memo CONTRACTS - (Continued) 6 D. L. MEACHAM CONSTRUCTION CO. 2108 Hoskins Street Houston Texas FORNEY ENGINEERING COMPANY 3405 Wiley Post Road Addison, Texas CAPITOL GLASS & MIRROR CO. 4001 Warehouse Row Austin, Texas BOOTS & COOTS FIRE PROTECTIVE EQUIPMENT COMPANY, INC.. 3177 Summit Drive Port Neches, Texas Bid award: - - - - - - 1/31/85 CAPITAL IMPROVEMENTS PROGRAM - Installation of Underground Electric Distribution Facilities for Milwood Section 26, Phase A, Electric Utility Department - $42,592.86 C.I.P. No. 84/15-01 CAPITAL IMPROVEMENTS PROGRAM - Gas/electric Fired Igniters, Electric Utility Department - $24,920.00 C.I.P. No. 81/12-04 CAPITAL IMPROVEMENTS PROGRAM - Modification of existing handrail system at the Police Headquarters Building, Police Department - $28,700.00 Firefighting Foam, Austin Fire Department Item 1 $6,195.00 85-0062-AV Residential Conservation Service Audits, Resource Management Department Eight (8) Months Contract Total $656,000.00 85-S205-KM $328,000 (1) CP NATIONAL Energy Management Services 1200 Concord Avenue Concord, California (2) PLANERGY, INC. 901 West Martin Luther King Boulevard Austin, Texas Item Pulled - $328,000 Pulled until February 7, 1985, consideration of a contract to Skidmore, Owens & Merrill, 33 West Monroe Street, Chicago, Illinois for project consulting services for Austin Civic Center, Public Event Facilities $166,700.00 84-5352-FW. - Council Memo All-Risk Property Insurance 7 1/31/85 Approved a contract for All-Risk Property Insurance. ROMA Approved Amendment No. One to a contract with ROMA for project consulting services for the Municipal Office Complex in the amount of $80,000 in consultant fees. Social Service Contract Authorized the assignment of a Social Service Contract and a Lease Agreement with Capital Area Rehabilitation Center, Inc. to Texas Easter Seal Society, Inc. under certain agreed conditions. Austin Housing Finance Corporation Affirmed the action of the Austin Housing Finance Corporation of the appointment of Paula M. Phillips as Secretary/Treasurer. Council directed the Program Guidelines for 1985 Mortgage Revenue Bond Issue and "Selection of an Administrator and Trustee for the 1985 Series Program be brought back on February 7, 1985. Austin Industrial Development Corporation Affirmed the action of the Austin Industrial Development Corporation appointing Paula M. Phillips as Secretary/Treasurer. Memorandum Agreement Approved extension of the Memorandum of Agreement by and between the City of Austin and the Texas Agricultural Extension Service for the Travis County Horticulturist from October 1, 1984 through September 30, 1985 in the amount of $5,100. Zilker Municipal Gardens Approved a request private funds for construction of a conservatory and placement of the dome in Zilker Municipal Gardens area in Zilker Park. from the Austin Area Garden Council to raise Grant Application Authorized submission of a grant application to the Texas Commission on The Arts for the Artist in Residency Program in the amount of $6,750 matching funds to be administered through the Dougherty Arts Center. Council Memo Medical Assistance Program 8 1/31/85 Amended the Medical Assistance Program policies to extend the length of coverage from 12 months to 24 months for persons who are on fixed income and are disabled, or who are on fixed income and age 65 and over. Program of Health Science Renewed Amended and renewed the program agreement with the University of Texas Health Science Center at Houston for obstetrical and gynecological services. Grant Application Authorized submission of a grant application to the National Endowment for the Arts in the amount of $29,737. City Manager Work Program Approved City Manager's proposed work program under the Program Evaluation Ordinance No. 841004-P. Waivers to Northwest Land Use Guidance Plan 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: Approved Table 1 and Table 2 and deferred Canyon Creek until February 7, 1985. Work session will be February 6, 1985 and action will be taken February 7, 1985. Water-line Easement Dedicated 1,787.2 sq. ft. for water-line easement out of a City-owned tract of land. Grant Application Authorized submission of a grant application to the Criminal Justice Division of the Governor's office for funding a Child Assault Prevention pfoject for 1984-85. Public Hearing Set Set a public hearing for March 7, 1985 at 2:15 p.m. on March 7, 1985 on the dedication of a wastewater easement through a portion of Lake Walter E. Long Metropolitan Park. Council Memo ZONING HEARING POSTPONED 9 1/31/85 The following zoning hearing was postponed utnil February 14, 1985 at 1:45 p.m.: C14-84 105 ESTATE OF ETHEL 502-504 พW. 38th St. BELLE BROWN By Robert Olvera From "SF-4" Το "LO" RECOMMENDED "LO" subject to 40' right-of-way from centerline of West 38th Street, tied to a 5,600 sq. ft. building, limited to professional, administration business offices and no financial or medical offices. WATER DISTRICT PROCEDURE ORDINANCE The Council, on Councilmember Rose's motion, Councilmember Urdy's second, waived the requirement for three readings and finally passed an ordinance amending the Water. District Procedure Ordinance (821111-K and 830203-E) with a 60 day review period. (6-1 Vote, Councilmember Duncan voted No.) CAPITAL RECOVERY FEE REPORT A copy of the City Manager's report on Capital Recovery Fee, which was presented, is on file in the City Clerk's office. REPORTS POSTPONED The following City Manager reports are postponed until February 14, 1985: 1. MBE/WBE Contracts 2. 3. Hyde Park Baptist Church Development 4. Austin Civic Center Feasibility Study Evaluation of Home Energy Improvement Program PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION Mayor Mullen opened the public hearing set for 2:00p.m. on an appeal from Mr. Bob Wade of the Planning Commission decision regarding a Special Permit. C14p-84-092. Marie Gaines reviewed the request for property located at 2108 Hemphill Park. The proposal is for 62 units but the street is narrow, only 28 feet wide. The Planning Commission recommends 40 units. The applicant complies with all ordinance requirements. i Council Memo to 50. 10 1/31/85 Bob Wade appeared and said he will reduce the number of units Councilmember Shipman said this would constitute a change in the request so Mr. Wade should go back through the process of the staff and Planning Commission. She said the parking is congested there now and does not want the problem aggravated further. Mr. Wade agreed to go back to the staff and Planning Commisission. NORTHWEST USE LAND USE GUIDANCE PLAN Council was scheduled to take action at 2:15 p.m. on consideration of adoption of an office/R & D allocation mechanism for the Northwest Land Use Guidance Plan. The Mayor announced there will be a work session on this subject on February 6, 1985 and action will be taken on February 7, 1985. ZONING POSTPONED A zoning hearing, scheduled for 2:30p.m. was postponed until February 21, 1985 at 2:30 p.m. NORTHEAST TERRITORY JOINT VENTURE By Paul Harris Rear of 7000-7104 Millrace Rear 5303-5605 Purple Sage From "A" 1st H&A To "B" 1st H&A NOT RECOMMENDED RECOMMENDED "B" for south 13 lots only. PUBLIC HEARING Mayor Mullen opened the public hearing set for 2:30 p.m. to consider an ordinance establishing a Planned Development Area and approving a Planned Development Agreement with Schlumberger, Inc. Terry Bray appeared before Council and said he would combine the request for the Planned Unit Development and a zoning case which will be heard next week, thereby saving Council's time. He showed map of the area and described the Schlumberger, Inc. research and development company and the site they will build upon. He said they will comply with the Northwest Plan. a Motion The Council, on Councilmember Shipman's motion, Councilmember Rose's second, closed the public hearing, waived the requirement for three readings and finally passed an ordinance establishing a Planned Development Area and Approving a Planned Development Agreement with Schlumberger, Inc., subject to staff recommendation of Growth and Management and revision of signage. (6-1 Vote, Councilmember Duncan voted No.) ง Council Memo HEARING POSTPONED 11 1/31/85 Council postponed until February 21, 1985 at 2:30 a public hearing on amending Chapter 13-2A of the City Code, amending Section 1680 to include within the definition of food sales the sale of beer and wine in unopened containers and amending Section 4700 to ecempt historic zoned structures from compliance with the compatibility standards. JANUARY 19, 1985 ELECTION DISCUSSED Ms. Pauline Gamble appeared before Council to discuss the January 19, 1985 election. She said the lines at the polls were too long, there was a lack of privacy for voting and not enough voting machines. Ms. Gamble also complained that the wording of the propositions were difficult to understand and would like the ballots to be more clear. Mayor Mullen stated that the ballot was very understandable but the Charter items have to be worded similarly to the way they will actually appear in the Charter. Councilmember Shipman thinks the Legal Department and Public Information should get together and work on the wording of the ballots. Mayor Mullen said that, "in fairness we (the Council) should have worked on this sooner".... Council- member Rose said the other problems have been discussed with the City Clerk and are being monitored. Mr. Burnell S. Jones, who had also requested to discuss the election, did not appear. NORTH TRAVIS COUNTY MUNICIPAL UTILITY DISTRICTS 1-3 DISCUSSED AND DENIED Council had before them an ordinance to consider consenting to the creation of the North Travis County Municipal Utility Districts 1-3. Jim Nias, representing the applicant, said these districts should be approved so that East Austin can have high tech industry and low cost housing. He said the developers will give Austin 20 acres of park land so that it can be developed. The Water and Wastewater Commission and the Planning Commission have both recommended approval. Commissioner Jimmy Snell discussed the possibility of the MUD's and how they can favorably affect the development of northeast Austin. He asked Council to approve. Jim Thompson discussed the proposed service plan. He said regionalization may work out better for the area. Council Memo MUD - (Continued) 12 1/31/85 Jorge Carrasco, City Manager, recommended against the creation of the MUD's. He said the City can serve the area. Mr. Carrasco said the proposal is for the opening of 18,000 acres beyond the perimeter of the districts themselves and said there needs to be a growth management plan for the northeast. He said the MUD's and related development can over-capitalize the system with the City at risk. The MUD's are within the logical annexation paths of the City and have a 15-20 year build-out so there is no reason to commit the money now. Mr. Carrasco said affordable housing is necessary to our community but MUD's do not have to be created to have this. RECESS Council recessed its meeting from 3:45 p.m. to 4 p.m. and resumed discussion of the MUD's when they returned. Jim Carpenter, representing 4,000 acres one mile east of the applicant, said he favors the granting of the MUDSs. Janet Klotz spoke against the MUD's. Charles Caldwell, Capital City Chamber of Commerce, favors the MUD's in order to have good economic growth. Jim Nias asked if the City really can serve the area. Motion Died - Councilmember Urdy made a motion, seconded by Councilmember Rose to approve the MUD's. A long discussion ensued. Councilemmber Rose made an extensive amendment to the motion. Ultimately he withdrew his second and the motion died. No action was taken by Council, therefore the creation of North Travis County Municipal Utility Districts 1-3 were denied. ITEMS POSTPONED Mayor Mullen announced due to inclement weather, Council would adjourn its meeting without completing the agenda and all items not yet considered would be brought back on the February 7, 1985 agenda. They are: Requests for Council approval from Mr. Bruce Marshal, Mr. Leon J. Barish, Mr. Martin Camp, Ms. Mary Lou Shirer, Ms. Janet Klotz and Mr. Bob Leonard. Council Memo ITEMS POSTPONED (Con tinued) 13 Public hearing on Lost Canyon Condominiums 1/31/85 Public hearing on an appeal from Mr. & Mrs. David G. Epstein and Glen E. Mellenbruck. C14p-84-095. ADJOURNMENT Council adjourned its meeting at 5:30p.m.