: CITY OF FOUNDED 103. Austin City Council MINUTES For April 04, 1985 - 2:45 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, noting the absence of Councilmember Spaeth. MINUTES APPROVED The Council, on Mayor Pro Tem Trevino's motion, Councilmember Duncan's second, approved Minutes for Regular Meetings of October 13, 1983 and March 28, 1985. (6-0 Vote, Councilmember Spaeth absent) 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: (6-0 Vote) Operating Budget Amendment Amended the 1984-85 Operating Budget by: 1 a. Transferring $26,819 from the Public Events Facilities Fund to the Cultural Arts Fund. b. Appropriating $3,670 from the Cultural Arts Fund ending balance to provide funding to Theatrical Productions for a performance of "American Buffalo". C Council Memo Zilker Park Railroad 2 4/4/85 Approved sale of Zilker Park Railroad assets and transfer of the remaining nine years of of the lease contract from KNC Enterprises, Inc. to Charles and Charlene Beall, with fees to remain $.95 for adults and $.80 for children. April 18 Council Meeting Cancelled meeting. Approved cancellation of the April 18, 1985 City Council Ordinance Amended Amended Ordinance No. 850314-T to change a polling place to be used in April 6, 1985 General Municipal Election. CONSENT RESOLUTIONS The Council, on Mayor Pro Tem Trevino's motion, Mayor Mullen's second, adopted the following resolutions in one consent motion: (6-0 Vote) Capital Improvements Program Approved acquisition of a .482 acre Public Utility Easement for the Northwest "A" Pressure Zone, Reservoir Project, Martin Hill Reservoir. (Nater Investments, Inc.) CAPITAL IMPROVEMENTS PROGRAM No. 76/22-27. Contracts Approved Approved the following contracts: a. FLEET BODY EQUIPMENT 6900 South IH-35 Austin, Texas - Thirty-three (33) additional truck Bodies, Vehicle and Equipment Services Department Total $407,968.00 85-0087-MB b. Bid award: - Truck Cabs & Chassis, Vehicle and Equipment Services Department Total $1,668,220.00 85-0086-1B (1) LEIF JOHNSON FORD TRUCK CITY 502 E. Ben White Boulevard Austin, Texas - - si 317 $ 1,317,392.00 Items HT-2.2, 4.1 thru 6.4, 7.1 thru 7.3, 9.1, 11.1 thru 12.1, 13.1 Council Memo CONTRACTS - (Continued) (2) LONGHORN INTERNATIONAL EQUIPMENT, INC. 4711 E. 7th Street Austin, Texas 3 (3) HENDRIX GMC, TRUCKS, INC. 4400 S. IH-35 Austin, Texas c. HEWLETT PACKARD COMPANY P. O. Box 42816 Houston, Texas Item Postponed - 4/4/85 Items HT-1.1, 2.1, 3.1, 5.1, 6.5 - $210,978.00 - Item HT-8.1, 9.2 - $139,850.00 - Doppler Imaging Option, Brackenridge Hospital Total $42,616.00 BS5-1121 Postponed for 60 days was consideration of a resolution approving schematic plans submitted by Mr. S. Thurman Blackburn III, president, Retention, Enhancement & Reclamation Company. Public Hearing Set Set a public hearing on the following: General Topic Areas for the 1985-86 CDBG Program: April 25, 1985 at 6:30 p.m. WASTEWATER TREATMENT STANDARDS Mr. Bill Oakey appeared beforé Council to discuss higher recovery fees for improved wastewater treatment standards. ASSOCIATION DUES CHECK-OFF THROUGH PAYROLL Mr. Michael R. Mulligan appeared before Council to discuss association dues checkoff through payroll deduction. Council asked City Manager Carrasco to report back to them on the feasibility. CITIZEN DID NOT APPEAR energy Mr. Lawrence Cranberg who had requested to discuss conservation did not appear. Council Memo INVESTIGATIVE BODY DISCUSSED 4 4/4/85 David Orr appeared before Council to discuss establishment of an investigative body of the City Council re City Charter Article II, Section 5. That Mayor Mullen asked Mayor Pro Tem Trevino to take the chair. Mayor Pro Tem Trevino stated: "Mr. Orr, I know you and I have had private discussions on this matter a couple of weeks ago and I indicated to you the public is aware the Council has appointed a Blue Ribbon Commission to come up with ways to deal with the whole question of ethics. The Ethics Ordinance that we're operating under right now is similar to the check off you were talking about. was drawn up in 1975 by the Friedman Council and there had really been no discussion, to my recollection, until recently for the need to re-examine it. I think what happens is once you establish ordinances they stay on the books for years. I'm sure if anyone gave it some thought we would go back and modify and update it and maybe put some teeth into it that we didn't anticipate things like that. So that is the charge to the Commission, for them, as an independent body, appointed by the Council because the Council is the only one authorized to make those appointments, to take a look at how we can come up with a more modern, up to date and effective ethics ordinance so that every elected official, every administrator, and appointed commission members so the public can be assured that the public trust will not be violated. So we await to hear the recommendations of the Commission and you can be assured that this Council, or whatever Council sits, after May 15th, is going to take a very good look at what's right." Mr. Orr said, "You are saying the task force will not look at any past violations. All they are empowered to do is recommend changes in the ordinance. Only the Ethics Review Commission has any power to look at specific violations of the law and make recommendations on what should be done in regards to those. I say the remedies provided in that process were stymied by the action of the City Attorney and it is up to you that the City Council initiate and carry out investigation on its own in full public view and scrutiny of the facts of this case. It has nothing to do with proposed changes in the Ethics Ordinance.......Why is the City Attorney dismissing appointing an independent prosecutor to investigate the facts of this case. The City Attorney wrote an opinion after I filed a complaint and his opinion exonerated the Mayor." Mayor Mullen said, "Mr. Chair I think I have the right to ask that you let the City Attorney explain that." Mayor Pro Tem Trevino said, "I intend to allow both he and the City Manager to comment." Council Memo DISCUSSION - (Continued) 5 4/4/85 City Manager Carrasco stated, "I think the issues that have been raised are based on the City Attorney's opinion that was issued recently, and I think that Mr. Isham should start by answering those questions. I'd be happy to respond to anything else." Mayor Pro Tem Trevino pointed out, "It's not that I am trying to put you on the spot, Mr. Manager, but Mr. Orr pointed out about the close relationship between how we, the Council, hire you and how you, as a City Manager, hire the City Attorney and unless we have a different form of government that's always going to be the case. I'm not saying that is good or not good, Mr. Orr, I am just saying since that point was made Mr. Carrasco may want to respond." Mr. Carrasco stated, "As far as the selection of the City Attorney, that selection rests entirely in my hands and Council is not involved in the selection process in any form or fashion as far as the City Attorney is concerned. In fact the Council, when that selection took place, was not aware of who was selected until the announcement was made, so there is no direct relationship between the Council and the City Attorney. In fact, unlike other communities where the appointment, in some cases, is made directly b the Council, in Austin, our form of government is divided so the City Manager is responsible for making that appointment and the Council is not involved in the appointment. Not only of the City Attorney, but other department heads in the City. The only appointments the Council makes is the City Manager and the Municipal Court Judges and City Clerk." I Paul Isham, City Attorney, stated, "The Council has received, and I'm sure Mr. Orr has seen, a copy of a nine page memo I wrote on this particular issue as to why I reached the decision I reached. had a press conference that was covered by most of the media from the area and informed them in reaching this decision I had no conversations with the City Manager, nor any mamber of the Council, including the Mayor as to my decision. The decision was mine, I reached it after reading the law. As you know, I attended the meeting of the Ethics Commission on the complaint you brought against the Mayor and was present and heard all the evidence there. You may or may not know that the matter referred to me by the Ethics Commission was specific in that it alleged the Mayor violated the Ethics Ordinance by virtue of his seconding a motion and voting on the matter of placing the 1st/3rd thoroughfare bond proposition on the ballot on January 19, 1985. I reviewed our ordinance which says a person has a conflict if they have a financial personal pecuniary interest, either directly or indirectly in any decision that is pending before the Council. The decision pending before the Council that day was whether that proposition should be included in the election ballot in order to prevail on a complaint in Municipal Court. It would be incumbent upon my office to prove, in order to prove the complaint, that the Mayor received some sort of financial benefit as a result of voting on that particular proposition, that is, to submit that to the voters. Council Memo DISCUSSION - (Continued) 6 4/4/85 After analyzing the facts and reading the law, it was my conclusion there was no way we were going to be able to show, in the court, a burden beyond a reasonable doubt that the Mayor received any sort of financial gain as a result of that vote. And it was for that reason I reached the decision I was not going to prosecute that particular complaint and essentially made a decision contrary to the Ethics Commission. I'm perfectly willing to open my files to the Council so they can read the cases I read. I can't recall whether I had any hand written notes in there, but I have nothing to hide. If you research the deed records of this County you'll find the only property I own is my residence. I'm willing to do whatever the Council wishes in this matter, but I have no problem defending my decision." Mayor Mullen stated, "Mayor Pro Tem, I would like to say one thing and that is that it is interesting to me that the rules always need to be changed to fit the person who is coming forward. The first time this happened it was the desire to have a special prosecutor, I mean a special attorney, so we agonized for months and it dragged through the newspaper for nine months, had a special attorney and the special attorney said there is no case here. Well this time they did not ask for a special attorney. They asked for a special prosecutor and then it would have to be a special judge because the judges are hired by us too. And then it would have to be a special something else when we didn't get a guilty there. don't know how far you go before you overdo your case. There is no doubt the Ethics Reveiw Commission has a job to be sure that these kind of questions don't keep creeping up because we have a specific method for these things to take place. We have deadlines they have to happen in, time-lines they need to happen in, and rules and regulations for them to operate in. It is too wide open." I Mayor Pro Tem Trevino stated, "I was reminded that a few years ago when we were looking at a Charter revision, in fact we established a Charter revision commission, not this last one but one back in 1976 or so. One of the things that the Council was being asked to consider was the Council to hire its own City Attorney and there was a big portion among some of our citizens that the City Council hire the City Attorney so the City Manager would not tell him what to do. If we had gone that route the ties between Council members and that City Attorney would be even more close than they are now. We do have a good form of government, City Council/ City Manager form of government and it gives checks and balance. I hope we have people on our administrative staff who are strong enough and have the integrity that if the Council asks them to do something wrong, that they would be strong enough to say no to the Council and to inform the public about it." Mayor Mullen stated, "If people think the City Attorney has been unethical, everyone is charging that to nearly everyone these : Council Memo DISCUSSION (Continued) 7 4/4/85 days, then you can file on him and he will have to defend himself before the Bar, not before us. I think that is ridiculous but that is where we are going." SITE PLAN REQUIREMENTS Ms. Marina Sifuentes appeared before Council to request removal of site plan requirements on Lots 1,2 & 3 Medical Center South and Lots 1 & 2 John Wattinger Addition. Mr. Isham told Ms. Sifuentes she needs to go through the zoning process. FIESTA GARDENS CULTURAL ARTS CENTER PLAN Ms. Hortensia Palomares appeared before Council requesting that Council expedite the implementation of the Fiesta Gardens Cultural Arts Center Plan. Motion The Council, on MayorPro Tem Trevino's motion, Councilmember Shipman's second, accepted the concept of the Fiesta Gardens Cultural Arts Center Plan and Council will provide for the monies. (6-0 Vote) FEES CHARGED FOR PUBLIC RECORDS Mr. Roger Baker appeared before Council to request their consideration in illegal fees charged for copies of public records. Mayor Mullen stated the charges for copies of documents in the City Clerk's office was established ten years ago and has not been changed. Mr. Carrasco, City Manager, read a letter from the City Clerk, stating the charges in other cities in Texas as compared to Austin. Councilmember Shipman asked what the actual cost is per copy. City Manager Carrasco said he will check it out. CITIZEN DID NOT APPEAR Ms. Judith Rouse, who had asked to speak before Council, did not appear as her problem was solved. Council Memo 8 4/4/85 WASTEWATER APPROACH MAIN The Council, on Councilmember Shipman's motion, Councilmember Duncan's second, approved the request of Thurman Blackburn for approval of wastewater approach main for Covenant United Methodist Church. C-12-85-571. (6-0 Vote) REQUEST TO WAIVE FEES DENIED James Smith appeared before Council to request the waiving of fees for Austin for Africa celebration and provide security. Mr. Carrasco, City Manager, did not recommend the waiver as it would mean there would be similar requests from other organizations. Mayor Mullen pointed out Council had recently adjusted fees down and they would have to change the ordinance again. No action was taken by Council, therefore the request was denied. PUBLIC HEARING SET The Council unanimously approved setting a public hearing on April 25, 1985 at 2 p.m. on an appeal from Mr. Charles L. Villasenor of the Planning Commission's decision to deny a Special Permit for 2711 East First Street. (C14p-85-003) PUBLIC HEARING - DEDICATION OF STORM SEWER EASEMENT THROUGH PORTION OF WALLER CREEK GREENBELT Mayor Mullen opened the public hearing set for 3:30 p.m. on dedication of a storm sewer easement through a portion of Waller Creek Greenbelt and authorization of right of entry agreement. Mr. Richard Ridings reviewed the request. No one appeared to speak. Mayer Pro Tem Trevino questioned Mr. Ridings concerning the feasibility of crossing park land and Mr. Ridings determined there was no prudent alternative. Mayor Pro Tem Trevino then asked Mr. Ridings if all precautions would be taken to protect the parkland. Mr. Ridings said there would be. Motion The Council, on Mayor Pro Tem Trevino's motion, Councilmember Rose's second, closed the public hearing, waived the requirement for three readings and finally passed, on an emergency basis, an ordinance dedicating a storm sewer easement through a portion of Waller Creek Greenbelt and authorized Right of Entry Agreement. (5-0 Vote, Councilmember Duncan out of the room, Councilmember Spaeth absent). Council Memo 9 SHORT TERM COAL AND TRANSPORTATION AGREEMENTS 4/4/85 The Council, on Councilmember Shipman's motion, Mayor Pro Tem Trevino's second, adopted a resolution authorizing the City Manager to negotiate and execute short-term coal contracts and short-term transportation agreements to ensure that the City of Austin has sufficient coal to fuel its portion of the two (2) coalfired generating units at the Fayette Power Project. (5-1 Vote, Mayor Mullen voted No) Mayor Mullen stated, prior to the vote, he would vote no because the contract will equal $25,000,000.00 and he feels that is too much money to authorize without Council approval. HEARING POSTPONED The public hearing scheduled at 3:55 p.m. to consider amending Chapter 13-2 and 13-2.A to name three additional scenic arterials on the Principal Roadway Area designation map: Lake Austin Boulevard, West First Street, and Riverside Drive West of I.H. 35 was postponed until April 25, 1985 at 4 p.m. ZONING HEARINGS Mayor Mullen announced Council would hear the following zoning cases. For those cases granted, Council heard, closed the public hearing, granted and instructed the City Manager to instruct the City Attorney to draw the necessary ordinances. For those cases not granted, the disposition follows each case. (1) r-84 E. G. PRIESMEYER 15211-15250 Ι.Η. 35 From Interim "AA" 1st H&A 436 By David B. Armburst (I-SF-2) To "C" 2nd H&A (C3) RECOMMENDED GRANTED WITH APPROVAL OF DRIVE- WAYS BY URBAN TRANSPORTATION DEPARTMENT (2) -84 HI-PLAINS SAVINGS 7418-7218 Hwy. 71 441 & LOAN By John Kleas (3) h-80 THE OLD PLACE OF 009 JAMES SMITH 3414 Lyons From Interim "SR" 1st H&A (I-RR) Το "O" 2nd H&A (CO) RECOMMENDED GRANTED AS RECOMMENDED From "SF-3-H" To "SF-3" RECOMMENDED GRANTED AS RECOMMENDED Council Memo ZONING - (Continued) 10 4/4/85 (4) h-85 BLOMQUIST HOUSE 001 1000 E. 14th Street From "SF-3" To "SF-3-H" RECOMMENDED HEARING POSTPONED UNTIL APRIL 11 AT 4:00 Ρ.Μ. (5) -85 ΑNCHOR INVESTMENTS 2202 Nueces 002 By John Barkley (6) -85 KING-ERICKSON, 006 INC. By David M. King (7)-84 JOHN SIMMONS 516 By Melinda J. Longtain (8) r-84 JOHN SIMMONS 517 By Melinda J. Longtain (9) r-84 JOHN SIMMONS 518 By Melinda J. Longtain (10) r-84 JOHN SIMMONS 519 By Melinda J. Longtain (11) r-84 JON SIMMONS 520 By Melinda J. Longtain (12) r-84 JOHN SIMMONS 523 By Melinda J. Longtain 6702 & 6703 & 6705 O'Henry Cove From "MF-II" (B-2nd H&A) To "10" (No equiv.) RECOMMENDED GRANTED AS RECOMMENDED From "I-SF-2" (I-AA, 1st H&A) To "SF-3" (A 1st H&A) RECOMMENDED GRANTED AS RECOMMENDED 12613-12925 TH 35 N. From Interim "SF" 1st H&A & Proposed Parmer Lane (I-RR) To "C" 1st H&A (CS) RECOMMENDED GRANTED AS RECOMMENDED 12613-12925 IH 35 N. From Interim "AA" & & Proposed Parmer Lane Interim "SR" 1st H&A (I-SF-2) (I-RR) To "C" 2nd H&A (CS) RECOMMENDED GRANTED AS RECOMMENDED 12613-12925 IH 35 N. From Interim "AA" & & Proposed Parmer Lane Interim "SR" 1st H&A (I-SF-2) (I-RR) To "C" 2nd H&A (CS) RECOMMENDED GRANTED AS RECOMMENDED 12613-12925 IH 35 N. From Interim "AA" & & Proposed Parmer Lane Interim "SR" 1st H&A (I-SF-2) (I-RR) To "C" 3rd H&A (CS) RECOMMENDED GRANTED AS RECOMMENDED 12613-12925 IH 35 N. From Interim "AA" & & Proposed Parmer Lane Proposed Parmer Lane East Interim "SR" 1st H&A (I-SF-2) (I-RR) To "C" 3rd H&A (CS) RECOMMENDED GRANTED AS RECOMMENDED From Interim "AA" & Interim "SR" 1st H&A (I-SF-2) (I-RR) To "C" 1st H&A (CS) RECOMENDED 'GRANTED AS RECOMMENDED Council Memo ZONING - (Continued) 11 4/4/85 (13) r-84 JOHN SIMONS 525 By Melinda J. Longtain 12613-12925 IH 35 N. From Interim "SR" (I-RR) & Proposed Parmer Lane (14) r-85 007 LARRY LANGLEY, TRUSTEE 4106 RR 620 By E. M. Sykes Company, Inc. (15) -85 BRISTOL PROP & POSTPONED TO APRIL 008 W. PATRICK MCLEAN By Jim R. Helgren 3913 Todd Lane To Τr. 1 "C" 1st H&A (CS) Tr. 2 "C" 1st H&A (CS) Tr. 3 "C" 1st H&A (LI) RECOMMENDED GRANTED AS RECOMMENDED From Interim "RR" (1-SR. Ist H&A) Το "GO" (0 2nd & 3rd & 4th H&A) RECOMMENDED 11, 1985 @ 7 Ρ.Μ. From I-SF-2 (I-AA 1st H&A) To "LI" (D All H&A) RECOMMENDED (Emergency passage of ordinance) (16) -85 DON & BERTHA JAMES 826 Kramer Lane 010 By Donald E. Bird (17) r-84 BILL ATWOOD 479 By Donald R. Small (18) r-84 RETENTION, 334 ENHANCEMENT & RECLAMATION CO. By T. J. Morton (19) -84 NASH PHILLIPS/ 465 COPUS, INC. By John M. Joseph 11401 R.M. 2222 GRANTED AS RECOMMENDED From I-RR (I-SR 1st H&A) To "GR" (GR All H&A) RECOMMENDED GRANTED AS RECOMMENDED From Interim "A" 1st H&A Το "CS-1" RECOMMENDED GRANTED AS RECOMMENDED 8100 Block of MoPac From Interim "A" ist H&A POSTPONED TO JUNE Proposed Southeast ROW Line of Loop 1 North To "O" 2nd H&A (GO) RECOMMENDED 6, 1985 @ 4 Ρ.Μ. From Interim "AA" 1st H&A (I-SF-2) To RECOMMENDED "DL" 2nd H&A POSTPONED TO APRIL 25, 1985 @ 4 Ρ.Μ. (20) r-81 TRAMELL CROW CO. 2324-2436 Research 152 By David C. Bodenman (21) -84 EDWIN J. THOME'S 403 By Ken Manning Boulevard Site Plan Approval Ordinance amendment 7700-7828 U.S. 290 E. KIECOMMENDED 8527-8549 Spicewood Springs Road GRANTED AS RECOMMENDED From Interim "AA" 1st H&A To "RR" RECOMMENDED (as amended) subject to dedication of up to 60' of right-of-way from centerline of Spice- wood Springs Road. 'GRANTED AS RECOMMENDED i Council Memo (22) -84 VERNON LEMENS, 412 JR. By Ken Manning (23) -84 WINNIE M. 511 STEPHENS 12 8161-8431 Spicewood Springs Road No Valid Petition (24)-85 RAYMOND BREKKE : 001 By Howard A. Eynour (25) -85 R. S. MILNER 003 By Allen H. Kaplan 12200 Jekel Circle 4/4/85 From "I-SF-2" (I-AA 1st H&A) To "MF-1" RECOMNEDED (as amended) limited to a maxirum of 12 units per acre for 22 acres and "RR" on the balance (as amended). Applicant is to post a 3 year letter of credit for a maximum of $50,000 to install a traffic signal for pedestrian crossing on for Spicewood Springs Road at the Canyon Vista Middle School, and is to contri- bute a maximum of $30,000 to assist in upgrading the intersection of Spicewood Springs Road and U.S. 183, and subject to 60' of right-of-way from center- line of Spicewood Springs Road. GRANTED AS RECOMMENDED From "A" 1st H&A (SF-3) To "DL" 1st H&A (LI) RECOMMENDED subject to 40' of right-of-way from centerline of Jekel Circle. GRANTED AS RECOMMENDED 13709 Thermal Drive From "I-SF-2" (I-AA 1st H&A) 1633-1653 Ε. Riverside Drive repair and auto washing use, trade or business school, hotel or motel, exterminating services, funeral services, indoor entertainment, pawn shop, restaurant, (general) and day care services (commercial) and site plan. To "LI" (D 1st H&A) RECOMMENDED subject to 40' of right-of-way from centerline of Thermal Drive. From "LR" (LR All H&A) To "GR" (GR All H&A) RECOMMENDED subject to a maximum building height of 25' and restricted against the following uses as agreed to by neighborhood and applicant: auto body .. GRANTED AS RECOMMENDED ! Council Memo ZONING - (Continued) (26) -85 W. LLOYD 13 4/4/85 4023 Manchaca Road 009 CHAMBERLAIN By J. Leroy Bush (27) -84 ALLANDALE BAPTIST 10500 Jollyville 318 CHURCH ET AL 301 By R. G. Converse (28) r-84 WATERLOO DEVELOPMENT CO. By Terrance L. Irion (29) -85 MILDRED STEPHENS 021 By Terry Stephens Road From "SF-3" (A A11 11&A) Το "LO" (0-1 & O All H&A) RECOMMENDED subject to dedication of up to 45' of right-of-way from center- line of Manchaca Road. GRANTED AS RECOMMENDED From Interim "AA" Ist H&A (I-SF-2) To "GO" RECOMMENDED subject to TIA submittal two weeks prior to City Council hearing. POSTPONED TO APRIL 11, 1985 @ 7 Ρ.Μ. 12938-12952 U.S. 183 3219 Manor Road & 2206-2214 Tillery Street (30) -84 TRAVIS DEVELOPMENT 1108 Kramer Lane 470 COMPANY By David Rodriquez (31) -85 ESTATE OF ETHEL 105 BELLE BROWN By Robert Olvera Valid Petition POSTPONED TO 502-504 W. 38th St. From Interim "AA" 1st H&A (I-SF-1) Το "0-1" 1st (10) RECOMENDED subject to 35' of right-of-way from the centerline of Fathon Circle. GRANTED AS RECOMMENDED From "SF-3" (A 1st H&A) To "GR" (GR All H&A) RECOMMENDED subject to a restrictive covenant, submittal of a TIA and dedication of up to 30' of right-of-way from centerline of Tillery St. GRANTED AS RECOMMENDED From Interim "SR" 1st H&A (I-RR) To "NO" 1st II&A (NO) RECOMMENDED subject to dedication of up to 35' of of right-of-way from centerline of Kramer Lane. APRIL 25, 1985 @ 5 Ρ.Μ. From "A" 1st H&A (SF-4) Το "0-1" 1st H&A (LO) RECOMMENDED"0-1" 1st H&A subject to 40' right-of- way from centerline of West 38th Street, tied to a 5,600 sq. ft. building, limited to professional, administra- tion, business offices and no financial offices. GRANTED AS RECOMMENDED こ Council Memo ZONINGS - 14 4/4/85 (Continued) (32) -84 JOE SEIDERS 381 By Mac Spellman 446 (33) -84 J. B. GOODWIN & & DOUG BACHMAN By Donna H. Kristaponis (34) -84 DEAN BOTTLINGER 421 By Donald Bird (35) -84 A. G. SPANOS 400 CONSTRUCTION, INC. By Cunningham- Graves, Inc. : 5700-6112 Springdale From Interim "A" 1st H&A Road (I-SF-3) To Τr. 1 "GR" 1st H&A Tr. 2 "B" 1st H&A NOT RECOMMENDED RECOMMENDED "A" 1st H&A POSTPONED TO MAY 2, 1985 @ 4 Ρ.Μ. 7208-7236 Manchaca Road 4601 E. St. Elmo From "A" 1st H&A (SF-3) To "LR" & "B" lot 11&A (LR & MF-3) NOT RECOMMENDED RECOMMENDED "BB" 1st ISA limited to 18 units per acre. POSTPONED TO APRIL 11, 1985 @ 7 Ρ.Μ. From Interim "AA" 1st II&A To "C" 1st H&A (CS) NOT RECOMMENDED (amended to MF-1) POSTPONED TO 8569-8623 Spicewood Springs Road RECOMMENDED "A-2" subject to dedication of up to 35' of right-of-way from centerline of St. Elmo Road.. APRIL 25, 1985 @ 4 Ρ.Μ. From Interim "SR" 1st H&A (I-RR) Το "MF-3" (B 1st H&A) NOT RECOMMENDED RECOMMENDED "MF-2" limited to a maximum of 17 units per acre, dedication of up to 60' of right-of-way from centerline of Spicewood Springs Road, post $50,000 letter-of-credit for roadway improvements, subject to protection of cemetary... POSTPONED TO APRIL 25, 1985 @ 4 Ρ.Μ. (36) -85 ROGER EDWARD 012 JOSEPΗ By Guido Devita (37) -84 LEONARD H. MEISKE 194 ET UX DOUGLAS W. TERRY 1103 & 1105 W. 31st From "SF-3" (All H&A) Το "SF-6" (A-2 1st H&A) NOT RECOMMENDED APPLICANT WITHDREW From "A" 1st H&A (SF-4) To "0-1" 1st H&A (LO) NOT RECOM-E-DED 4210-2214 Marathon Boulevard POSTPONED TO JUNE 6, 1985 @ 4 Ρ.Μ. Council Memo ZONING - (Continued) 15 JAMES & KATHERINE 4203-4207 Bellvue (38) -84 187 TAYLOR, ET AL By Katherine Taylor 4/4/85 From "A" 1st H&A (SF-4) To "0-1" 1st H&A (LO) NOT RECOMMENDED Avenue POSTPONED TO JUNE 6, 1985 AT 4 P.M. Emergency Passage of Ordinance (39) -84 JOHN P. WATSON 444 By Steve Frost 12118 Walnut Park Crossing From Interim "AA" 1st H&A Το "BB" 1st H&A (MF-2) C (40) -84 A. II. NEIGHBORS 214 By Jimmy Nassour 156 (41) -84 PIVOT JOINT VENTRUE By Carla L. Adams NO RECOMMENDATION POSTPONED TO APRIL 25, 1985 @ 5 P.Μ. 6907-7001 East Riverside Drive 2107-2113 & 2115- 2125 Maxwell Lane POSTPONED MAY 9, 7001-7033 Riverside Drive From 'MI" & "I-A" 1st H&A To "C" 1st H&A NO RECOMIENDATION " 1985 AT 4 Ρ.Μ. From Interim "A" 1st H&A To "C" 1st H&A (CS) NO RECOMIENDATION POSTPONED TO MAY 9, 1985 @ 4 Ρ.Μ. (On Mayor Pro Tem Trevino's motion, 6-0 Vote, Councilmember Spaeth absent) SUBCOMMITTEE RE AUSTIN/ROUND ROCK ETJ BOUNDARIES The Council, on Councilmember Rose's motion, Mayor Mullen's second, appointed Councilmember Shipman, Mayor Mullen and Councilmember Rose as a subcommittee to meet with Round Rock's subcommittee to work out an agreement on Austin/Round Rock ETJ boundaries. (6-0 Vote) CITY MANAGER REPORTS Ms. Paula Phillips presented the City Manager report on Impact of Capital Recovery Fees on CDBG Funded Projects. City Manager Carrasco said he would return with appropriate recommendations to take money from prior years and use for this purpose. Mr. Jim Duncan, Director, Land Development Services, reported on Walnut Creek Area Study. Option 3. Councilmember Shipman favored Council Memo CITY MANAGER REPORTS - 16 (Continued) 4/4/85 Iris Jones, by means of graphs on slides, presented the Affirmative Action Report Clerk's office. - 1984. Report is on file in the City Pulled from the agenda was the report on Town Lake Park Lane Dedication. ANNOUNCEMENT Mayor Mullen announced he had just received word the Court had ruled in favor of allowing disputed newly annexed and limited purpose annexed area residents to vote in the April 6, 1985 election. EXECUTIVE SESSION Mayor Mullen announced Council would go into Executive Session pursuant to Article 6252-17, Texas revised Civil Statutes Annotated, to discuss the following matters; and action, if any, on the matters will be taken during the public meeting after the conclusion of the Executive Session: a. Board and Commission Appointments - Section 2, Paragraph g. b. Pending Litigation, including but not limited to the following items Section 2, Paragraph e. (1) Houston Lighting and Power Company, et al v. Brown and Root, et al in Matagorda County, and City of Austin vs Houston Lighting and Power Company in Travis County - Section 2, Paragraph e. RECESS AND ADJOURNMENT Council recessed its meeting at 5:45 p.m. and adjourned its meeting at 6:30p.m.