FOUNDED 1889 Austin City Council MINUTES For August 08, 1985 - 1:00 Ρ.Μ. City Council Frank C.Cooksey تنا Mayor John Treviño, Jr. Mayor Pro Tem Council Members Mark Rose Smoot Carl-Mitchell Sally Shipman George Humphrey Charles E. Urdy Jorge Carrasco City Manager Elden Aldridge City Clerk Council Chambers, 307 West Second Street, Austin, Texas Memorandum To: Mayor Cooksey called to order the meeting of the Council, noting the absence of Councilmember Rose. MINUTES APPROVED The Council, on Councilmember Humphrey's motion, Councilmember Carl-Mitchell's second, approved minutes for regular meeting of August 1, 1985 and special meeting of July 26, 1985.(6-0 Vote, Councilmember Rose absent.) ORDINANCES The Council, on Councilmember Carl-Mitchell'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 Rose absent.) 1984-85 Operating Budget Amendments a. b. Amended the 1984-85 Operating Budget by: Transferring $80,065.00 to the Parks and Recreation Capital Improvements Program and appropriation of these funds to the Danny G. McBeth Recreation Center project. Transferring $675,000.00 from the Aviation Fund Ending Balance to increase the Capital Improvements Program Transfer to $4,085,300.00 and appropriation of these funds to the Remote Parking project 85/81-03. ! Council Memo 2 8/8/85 c. Transferring $94,000.00 from the Aviation Fund Ending Balance to increase the CIP Transfer to $4,189,300.00 and appropriation of these funds to the Master Plan Update. 82/81-03. Release of Easement Approved release of the following easement: a. Public Utility Easement retained at the vacation of a portion if West 17th Street in Ordinance No. 580508-F and recorded in Volume 1920, Page 175, of the Travis County Real Property Records. (Request submitted by Mr. John Lewis.) Bond Call Provisions Amended Ordinance No. 850711-H granting an exception for bond call provisions. Zoning Ordinances Amended Chapter 13-2 and 13-2(a) of the Austin City Code (Zoning Ordinance) to cover the following changes: 1-35 HOTEL FUD By Argosy Development Corp. C814-85-003 2400 North IH-35 Heard and granted June 13, 1985, (6-0). John Trevino, Jr. absent. No conditions WILLIAM C. SNOW, ET AL 12201-12211 Dorsett By Jerry Harris C14-84-138 From "CS", "CS-1" & 'MF-4" to "PUD" Mayor Pro Tem to be met. From Interim "SF-2" το "LI" Heard and granted July 12, 1984, (5-0). Councilmember Vark Rose absent. Conditions have been met as follows: (1) Restrictive Covenant incorporating conditions imposed b Council has been executed; (2) Right-of-way on Dorsett Road has been conveyed by Street Deed. RICHARD DAVIS C14-81-0.98 4334 Duval Road, 4412 Switch Willo From Interim "SF-2" to "SF-6" Heard and granted October 8, 1981, (7-0). Conditions have been met as follows: (1) Development restricted to that shown on site plan attached as Exhibit "A" to the ordinance; (2) Restrictive Covenant limiting the use of the property to no more than nine units per acre has been executed. Council Memo Item Postponed 3 8/8/85 Postponed until August 15, 1985 was consideration of the following zoning change: JOHN L. RITTS, SHEILA MUSTIN, K.C. COONROD & JOYCE COONROD C14-84-435 15545-15635 Ι.Η. 35 North From Interim "SF-2" to "CS" Heard and granted March 7, 1985, (6-0). Conditions have been met as follows: Development restricted to that shown on site plan attached to Exhibit "A" to the ordinance. FERN BLUFF MUNICIPAL UTILITY DISTRICT The Council, on Councilmember Carl-Mitchell's motion, Mayor Pro Tem Trevino's second, waived the requirement for three readings and finally passed an ordinance granting the consent of the City of Austin to the creation of Fern Bluff Municipal Utility District, subject to various terms and conditions. (6-0 Vote, Councilmember Rose absent) TAP MORATORIUM EXEMPTIONS FOR AISD The Council, on Councilmember Shipman's motion, Councilmember Urdy's second, waived the requirement for three readings and finally passed an ordinance approving an exemption request by AISD from the tap moratorium for three schools to be constructed and portable buildings added to existing schools in Williamson Creek Wastewater Treatment Plant service area. (6-0 Vote, Councilmember Rose absent) : CONSENT RESOLUTIONS The Council, on Councilmember Shipman's motion, Councilmember Humphrey's second, adopted the following resolutions in one consent motion: (6-0 Vote, Councilmember Rose absent) Eminent Domain Proceedings Authorized Eminent Domain proceedings to acquire in fee simple the following described land for the C.D.D. #18 Project (Jewell Street Improvements): a. 2,195 square feet of land out of Lots 9 and 10, R.G. Smith Addition Block 3, Jewell Street at South 3rd Street. (Austin Urban Alternatives, owners) Council Memo Item Postponed 4 8/8/85 Postponed until 8/15/85 is consideration of a resolution to approve Agreement of right-of-way with Nash Phillips/Copus, Inc. Postponed indefinitely is consideration of approving a contract between the City of Austin and IBM Corporation for acquisition of right-of-way on North MoPac (Loop 1) Release of Easements Authorized release of the following easements: a. b. c. d. e. The Public Utility Easement located at the rear of Lot 3, Northwest Hills Dry Creek, Section I. (Release of the referenced easement submitted by is. Sheila Plotsky) 3.5' of the 7.5' Public Utility Easement on Lot 10, Block M, Mesa Park Section One, 11619 Fast Horse Drive. (Release of the referenced easement submitted by Mr. Jim Siler) The Ingress/Egress Easement (only) recorded in Volume 4896, Page 177 or the Travis County Real Property Records and located on Lot 1, Vintage Hills Street Dedication, Public Utility Easement to remain. (Release of the referenced easement submitted by Mr. Paul H. Wendler of Interfirst Bark Austin) The 10' Public Utility Easement on the south property line of Space Mart Mini Storage Section One. (Release of the referenced easement submitted by Curington Associates, Inc.) A portion of a Blanket Electric Easement recorded in Volume 564, Page 412, of the Travis County Real Property Records insofar as it affects Lots 4 and 5, G. K. Beckett Estate and Lots 2 and 3, Block A, Briar Creek Amended, U.S. 290 West at Convict Hill Road. (Request submitted by McGray and McGray Land Surveyors, Inc. on behalf of Westlake Oak Hill Investors, Ltd.) Change Orders Approved the following Change Orders: a. In the amount of $74,508.14 to BABCOCK & WILCOX CONSTRUCTION COMPANY for replacement of damaged insulation and lagging, realignment of superheater elements and miscellaneous painting of Holly No. 1 and No. 2 boilers. (4.6% increase of the original contract) Council Memo b. 5 CAPITAL IMPROVEMENTS PROGRAM - 8/8/85 In the amount of $60,065.00 to RIZZO CONSTRUCTION, INC., for the removal and encapsulation of asbestos from the Danny G. McBeth Recreation Center. (20% increase of the original contract) CAPITAL IMPROVEMENTS PROGRAM No. 83/86-03 Capital Improvements Program Approved acquisition of approximately 2 acres of land located at 2200 South Lakeshore Boulevard, and bounded on the north by Town lake. CAPITAL IMPROVEMENTS PROGRAM No. 73/86/37. Approved acquisition of 37.759 acres of parkland along Onion Creek and accepted donation of 18.5 acres in the same parcel. CAPITAL IMPROVEMENTS PROGRAM No. 84/86-58. Authorized City cost participation for the construction of water and wastewater improvements to Shell Oil Tract /CDD #10 in the amount of $74,566.00 for water and $110,047.00 for wastewater, CAPITAL IMPROVEMENTS PROGRAM No. 83/22-03 & 83/23-03. Approved a Professional Services Agreement for Electric Utility Design and Construction Management Services for 345 KV Transmission Line Circuit 3126 and McNeil Substation 345/138 KV Auto-transformer and Associated Facilities for the Electric Utility Department, CAPITAL IMPROVEMENTS PROGRAM No. 85/13-12 ($400,000.00) Approved a Supplemental Amendment No. 11 (Task Force Assistance) to the existing Professional Services Agreement, for Interim Airport Facilities Improvements Program at Robert Mueller Municipal Airport to Bovay Engineers for the Aviation Department, CAPITAL IMPROVEMENTS PROGRAM No. 82/81-03 ($94,000.00) Contracts Approved Approved the following contracts: AUSTIN ENGINEERING COMPANY, INC. 6304 W. Bee Caves Road Austin, Texas - CAPITAL IMPROVEMENTS PROGRAM - Cameron Road Phases I & II Paving & Drainage Improvements (from U.S. 183 to Rundberg Lane), Public Works Department Total $3,828,996.15 C.I.P. Nos. 73/62-44, 83/22-04 & 83/23-04 Council Memo OLMOS CONSTRUCTION CO., INC. 1003 Howard Lane Austin, Texas STAKER PAVING OF TEXAS 1115 Shady Lane Austin, Texas D. C. TAYLOR COMPANY 1620 East Avenue NE Cedar Rapids, Iowa 6 D. L. MEACHAM CONSTRUCTION CO. 2108 Hoskins Houston, Texas BURNUP & SIMS OF TEXAS 2716 East 5th Street Austin, Texas T.O.F. ENTERPRISES, INC. 1609 Kenning Road Crosby, Texas ROBERT JENTSCH CONSTRUCTION CO. P. O. Box 3343 Austin, Texas - - - - - • - 8/8/85 CAPITAL IMPROVEMENTS PROGRAM - Springdale Road Bridge and Boggy Creek Channel Improvements, Public Works Department Total $672,042.53 C.I.P Nos. 79/60-09, 83/22-04 & 83/23-04 CAPITAL IMPROVEMENTS PROGRAM - 1985 Interim Airfield Improvements at Robert Mueller Municipal Airport, Aviation Department Total $2,828,719.48 C.1.P. Nos. 84/91-09, 79/81-21, 84/81-10, 84/81-05, 84/81-06, 84/81-15 and 84/81-14 CAPITAL IMPROVEMENTS PROGRAM - Terminal Building Reroof at Robert Mueller Municipal Airport, Aviation Department Total $198,970.00 C.I.P. No. 84/81-04 CAPITAL IMPROVEMENTS PROGRAM - Installation of Underground Electric Distribution facilities for the Village at Western Oaks X, Electric Utility Department - Total $35,622.80 C.I.P. No. 85/15-01 CAPITAL IMPROVEMENTS PROGRAM - Installation of Underground Electric Distribution Facilities for the Foothills of Barton Creek, Electric Utility Department Total $61,058.63 C.I.P. No. 85/15-01 Painting of Fuel Oil Storage Tanks at Decker Power Plant, Electric Utility Department 85-C692-JJ $292,960.00 Modifications to the Firing Range at the Austin Police Academy, Police Department Total $76,920.00 : Council Memo 7 INDUSTRIAL DISPOSAL SUPPLY CO. 1106 Paulsun San Antonio, Texas AMERCIAN HOSPITAL SUPPLY CO. Rt. 1, Box 204 Mt. Calm, Texas AMERICAN HOSPITAL SUPPLY CO. Rt. 1, Box 204 Mt. Calm, Texas 1 8/8/85 Captive Repair Parts for E-Z Pack Refuse Trucks, Vehicle ard Equipment Services Department Tweive (12) Month Supply Agreement Total $35,000.00 85-0341-CM/JB - Medical Supplies, Brackerridge Hospital Twelve (12) Month Supply Agreement Total $120,491.41 BS5-1265 Adult ECG Electrodes, Brackenridge Hospital Twelve (12) Month Supply Agreement Total $25,020.00 BS5-1260 Item Pulled From Agenda The following contract was pulled from the agenda: HUGHES AIRCRAFT COMPANY P. O. Box 9399 Long Beach, California - CAPITAL IMPROVEMENTS PROGRAM - PV300 Kilowatt Grid Interactive Centralized Solar Photovoltaic Power Plant, Electric Utility Department - Total $2,874,835.00 C.I.P. No. 84/12-04 Direct Current Interconnection Approved an agreement with Valley View Energy Corporation to facilitate expansion of the high voltage, direct current interconnection located near Oklaunion, Texas. Item Pulled Pulled from the agenda a resolution directing the Southern Union Gas Company to supply all information heretofore requested by the City of Austin, to R.W. Beck and Associates, the City's gas rate consultant, because information has been supplied to the City. Indemnification Approved providing indemnification to City's officers, employees or volunteers for acts committed during performance of their duties. STNP Retained John Fainter and Reynolds, Allen & Cook to assist the City in negotiations and other matters involving Houston Lighting & Power Company relative to the South Texas Nuclear Project. Council Memo 8 Underground Water Conservation District 8/8/85 Approved an Interlocal Cooperation Agreement with other municipalities to retain Kent Butler with regard to the Underground Water Conservation District. Capital Assistance Grant Accepted a Capital Assistance Grant under Section 5 of the Urban Mass Transportation Act of 1964 in the amount of $576,800.00. City Council Agenda Approved a resolution amending the City Council Agenda in order that Citizen Communications will be heard at 1 p.m. Building Code Revision Task Force Abolished Abolished the Building Code Revision Task Force. Public Hearings Set Set public hearings on the following: a. An appeal of Demolition Order issued by the Building Standards Commission for 2504 Walter Street (rear): August 22, 1985 at 3:00 p.m. b. General rate changes requested by Southern Union Gas Company: August 22, 1985 at 5:00 p.m. c. The FY 1985-86 Financial Plan. (1) Financial Plan (Wednesday, September 11, 1985 - 6:00 p.m.) (2) Tax Rate (Thursday, September 19, 1985 (3) Social and Cultural (Tuesday, September 10, 1985 (4) GRS (Wednesday, September 11, 1985 6:15 p.m.) - 6:00 p.m. - 1:00 p.m.) Employee Retirement System Any proposed changes to the Employee Retirement System shall be sent to the Employees Retirement Board for review prior to City Council action on such matter. Kaiser Coal Company Approved a contract with Kaiser Coal Company for joint purchase by City of Austin and L.C.R.A. for 50,000 tons of coal to test burn for use in Fayette Power Project 1 and 2. (City share of cost is $1,012,500.00) Council Memo CONTRACT APPROVED 9 8/8/85 The Council, on Mayor Pro Tem Trevino's motion, Councilmember Humphrey's second, adopted a resolution approving the following contract: (6-0 Vote, Councilmember Rose absent) GAREY CONSTRUCTION COMPANY 11607 North Lamar Austin, Texas CAPITAL IMPROVEMENTS PROGRAM Remote Parking Lot at Robert Mueller Municipal Airport, Aviation Department - Total $1,985,362.50 C.Ι.Ρ. No. 85/81-03 CONTRACT APPROVED The Council, on Mayor Pro Tem Trevino's motion, Councilmember CarlMitchell's second, adopted a resolution approving the following contract: (6-0 Vote, Councilmember Rose absent) GENERAL ELECTRIC SUPPLY COMPANY 3101 Longhorn Boulevard #116 Austin, Texas Electric Standard Maintenance Materials, Electric Utility Department Twelve (12) Month Supply Agreemerit Items 1-4, 6, 8, 13, 16, 19-19, 42, 43, 44, 46, 49, 52, 65-67, 76-78, 80-87, 89-93, 95-99, 104-109, 116-123, 126-129, 151-155, 158, 160-162, 166, 168-179, 181-201, 203-205, 213, 214, 218, 219, 222-227, 229-231, 234, 235, 238, 240, 241, 247-253, 255-257, 261 Total $36,738.00 85-0359-CM 1985-86 FINANCIAL PLAN City Manager Carrasco presented to Council the 1985-86 Financial Plan. He discussed the hearings and work session schedule. One point he emphasized was that, depending on whether or not the Council accepts the Manager's recommendation to have a bond election on electric and resource management..."if you decide the November 5th date is the date you want to consider we would need to plan on having the Council act on the ballot no later than 30 days prior to the November 5th date. That means the Council would have to adopt a bond ballot by September 26th. There may be a necessity to expand the scope or the hearings to include the Capital Improvements Program." Mayor Cooksey suggested, "We combine the hearing on the CIP with the hearing on Wednesday, September 11." ۱ Council Memo 10 JOINT PLANNING EFFORT WITH THE NORTHEAST ASSOCIATION 8/8/85 City Manager Carrasco began the discussion of his report on Joint Planning Effort with the Northeast Association. He said the Northeast Association is committing substantial private money in order to hire engineers and consultants to help them work with the City on their plan. Mr. Barney Knight, Deputy City Attorney, outlined the private/public cooperative venture proposed by the northeast and east areas of Travis County for comprehensive planning. TRANSCRIPT OF THE REPORT IS ON FILE IN CITY CLERK'S OFFICE. WALNUT CREEK WATERSHED ENVIRONMENTAL MANAGEMENT AND PLANNING STUDY Maureen McReynolds, Water and Wastewater Department, presented the Walnut Creek Watershed Environmental Management and Planning Study. CITY FUNDING OF ABORTIONS Mr. Sam A. Hoerster, III, Mr. Jim Lillard, Ms. Darlene Brown and Ms. Anne R. Lassiter appeared before Council to discuss City funding of abortions. WIDENING OF BRAKER LANE Mr. James H. Smith appeared before Council to discuss the widening of Braker Lane between I.H. 35 and Lamar. City Manager Carrasco told him there will be a report concerning this on the August 15, 1985 agenda. Mr. Smith wants six lanes rather than four. PARD/ARTS COMMISSION Ms. Cynthia Valadez, Ms. Luis Plascencia, and Ms. Hortensia Palomares all appeared before Council to discuss PARD/Arts Commission. WATER ORDINANCE Mr. L.R. McLennan appeared before Council to discuss the water ordinance. He said the hours should be changed. Councilmember Shipman requested a report be given them concerning this at the August 13, 1985 work session and meeting. CLAN GATHERING Ms. Janet Troyer discussed the 1986 International Clan Gathering and Highland Games in Austin in conjunction with Texas Sesquicentennial. RECESS - Council recessed its meeting at 3:55 p.m. and resumed its recessed meeting at 4:05 p.m. Council Memo 11 8/8/85 AD-HOC DOWNTOWN ADVISORY COMMITTEE Mr. Alan Taniguchi appeared before Council with the recommendation to create a permanent downtown body to replace the Downtown Revitalization Task Force. 1985. Council agreed this will be an agenda item on September 5, ZONING CASE Mayor Cooksey announced Council would hear the following zoning case scheduled for 4:00 p.m. Council heard, closed the public hearing, granted and directed the City Attorney to prepare the necessary ordinance. LARRY BEARD By Carl Conley Cunningham- Graves 100-300 E. Rundberg Lane From "SF-3" & "I-SF-2" Το "LR", "MF-3" & "SF-3" NOT RECOMMENDED RECOMMENDED Tr. 1 "LR" for depth of 420'; Tr. 2 "MF-2"; & Tr. 3 "SF-3" limited to 8.5 units per acre subject to stacking lane for east bound traffic on Rundberg and alignment of driveway into project across from Georgian Drive as required by Urban Transportation; applicant to post fiscal for these improvements. GRANTED AS SUBMITTED BY APPLICANT Marie Gaines, OLDS, stated, "This is a case heard earlier in June and a recommended zoning pattern was approved. The case has been brought before you for re-clarification of a motion regarding the depth of the "LR" zoning, and Tract 1 and 2. The applicant, Carl Conley and Company, are here to explain to you, with a chart to show the zoning pattern they believe the Council had intended to approve as well as the Planning Commission. Staff has no objection. As far as we know the surrounding property owners are in concurrence as well. Carl Conley, representing Larry Beard, the applicant, stated, "This tract of land consists of approximately 26 acres of which the zoning shown on this map was proposed by the applicant. This zoning configuration was determined after meeting with the neighborhood and Council Memo 12 8/8/85 trying to buffer the development of this tract to meet the needs of the adjacent single family neighborhood to the north and also to the east and also to provide a commercial tract along the front that would be conducive to the Rundberg Lane development and also provide some set-back. Both the Georgian Drive Neighborhood Association and the Mockingbird Neighborhood Association have seen this plan and are recommending it as proposed. There was some confusion regarding the local retail on the front. We discussed with the Planning Commission we needed a 300' set-back on our building to get the traffic off of Rundberg Lane and prevent congestion. The confusion over there was : they recommended the front 300' being zoned for "LR". The problem with that was that was to the front of our building and not to the back. The tract (pointed to map) was zoned under a zoning case to the north, Northview Baptist Church and it was zoned to a line approximately 400' back off Rundberg Lane. The tract is shown as "LR" here and the tract on the bottom was to be zoned to align similar in depth so the project could be developed reasonably. Again, we are just trying to clarify this to get that 420' depth on the "LR" on the front to coincide with the approved zoning on the Northview Baptist tract. The neighborhood is in favor of this." Councilmember Humphrey and Mayor Pro Tem Trevino questioned the zoning on the property at 102 Rundberg Lane as the owner had written a letter about it. Mr. Conley assured them the zoning does not cover that piece of property, although they are trying to buy the property. Larry Beard stated, "By no means am I asking for any kind of zoning on Mrs. Zieger's tract. We have been negotiating. They want half a million dollars for that little strip of land and I want to know what kind of zoning I have around it before I pay that kind of money." Mayor Cooksey asked, "The "LR" is 420' rather then 300'?" Mr. Conley said it is approximately 420' at that point where it curves." Mayor Cooksey asked Ms. Gaines to state what the recommendation of the Planning Commission is. Ms. Gaines stated, "The Commission recommends 300' and they did so unknowingly, recommending just the area from the right-ofway line to the face of the proposed building. What they should have done was include the building as well, because it is going to need the local retail. So your motion needs to state, 'to grant "LR" zoning, MF-2 zoning and "SF-3" zoning as requested by the applicant' because we have the proper field notes and the legal notice just like the request." Ms. Gaines also said, as far as she knows, everyone in the neighborhood is in agreement. Janet Klotz discussed the current level of activity of neighborhood associations in the area. Larry Beard said the only neighborhood associations he was asked to contact by OLDS was Mockingbird Hill Neighborhood Association and Georgian Acres Neighborhood Association. He said a majority of Council Memo 13 8/8/85 the area is rental property. Mr. Beard stated, "With MF-2 I am able to send the traffic through a controlled light intersection, of which I am willing to put up the fiscal to make the left hand turn lanes there in an appropriate manner. Originally I asked for 24 units of apartments to the acre. They came back and asked if I would consider 23 units. I said yes and then the SF-3 which allows 12 units to the acre I said I would limit that to 8.5 units to the acre in order to have 50' wide streets and large lots for a duplex, where the adjoining neighborhood is only 30' wide streets. I want nice size duplexes not little lots like next door." Councilmember Shipman said she wanted to clarify all the discussion on this because the neighborhoods used to be very active in the area in past years. Councilmember Shipman said the active neighborhood people had all moved away in despair. "There was a great deal of confusion when the motion was made because the applicant had agreed to the recommendation of the Planning Commission, if it were 420', and the neighborhood in the immediate area had worked with the property owner for the alignment of SF-3 and MF-2 to keep the traffic out of the neighborhood. So I sent it back to staff for a point of clarification because I had supported the staff recommendation and wanted a point of clarification about what was really happening and that is why it is back on our agenda. I'd like to ask staff some questions before a motion is made. Has the staff reviewed the site plan?" Ms. Gaines said they have not formally reviewed it as part of the zoning case. It was not part of the support material forwarded to Council. Councilmember Shipman asked if under the new zoning ordinance there would be a site plan requirement on these tracts. Ms. Gaines said there would be. "Compatability standards would be triggered because they abut to the north and to the east of single family zoned and use. In addition they are within 540' across the street from Rundberg Lane single family. So the compatibility standards would be triggered on "LR"&"MF-2" tracts of land." Councilmember Shipman said her concern would be the street alignment. Ms. Gaines said the street alignment would have to be determined at the time of the subdivision review and the applicant will need to highlight what their plans are in terms of timing and phasing of those proposed streets re the subdivision process. Councilmember Shipman said she wants the North Austin Civic Association, Georgian Acres Neighborhood Association and the neighborhood association immediately adjacent to this be notified well in advance of the streets being considered for action "because that is the whole key and it could be oriented to where, with the exception of those streets in "SF-3" it would not go, that "MF-2" should not enter the neighborhood at all. It should be oriented to the intersection. Ms. Gaines said she was trying to think of a sure-proof way to notify the neighborhood associations. There will be notification of any site plan brought in under "MF-2" proposal or "LR" proposal. She said one of the key problems is the subdivision process and notification of that street and maybe through an agreement with the owner that upon filing the subdivision request that the notification will be made to the North Austin Civic Assn. Councilmember Shipman stated, "I want them notified that it's coming Council Memo 14 8/8/85 through. I don't want it going through, period." Ms. Gaines said, "Then you could condition the zoning on that if that is something they will agree to do." Councilmember Shipman said, "I was told by the applicant that the neighborhood had agreed to "MF-2" because it would not put any traffic in the neighborhood. Carl Conley stated, "Mr. Beard definitely wants to make that a condition of the zoning, that MF not be allowed to access through the "SF-3" into the neighborhood. His site plan is contingent on that whole thing and he has made a commitment to the neighborhood that the traffic from "MF-2" portion would be directed toward Georgian Drive and Rundberg Lane. So if you can make that an condition of the zoning that would be all right with us." Motion Councilmember Shipman moved approval of the zoning as submitted by the applicant and also noting the conditions that it is limited to 8.5 units per acre on Tract 3, subject to stacking lane on eastbound lane on Rundberg and alignment of driveway into project across from Georgian Drive as required by by Urban Transportation and the applicant has volunteered to post fiscal for these improvements. The motion was seconded by Councilmember Carl-Mitchell and passed by a vote of 6-0, with Councilmember Rose absent. ZONING CASES POSTPONED INDEFINITELY Mayor Cooksey announced the following zoning cases, which were scheduled for 4:00p.m., have been postponed indefinitely: -84 LEONARD H. MEISKE 4210-2214 Marathon 194 ET UK Boulevard DOUGLAS W. TERRY Avenue -84 JANES & KATHERINE 4203-4207 Eellvue 187 TAYLOR, ET AL By Katherine Taylor ADVERTISING SEARCHLIGHTS TO BE ALLOWED From "A" 1st H&A (SF-4) To "0-1" ist H&A (LO) NOT RECONEDED From "A" 1st H&A (SF-4) To "0-1" 1st H&A (LO) NOT RECOMMENDED The Council, on Councilmember Humphrey's motion, Councilmember Urdy's second, waived the requirement for three readings and finally passed an ordinance amending Chapter 13-13 (Advertising and Signs) allowing the use of advertising searchlights and providing regulations for such use. (6-0 Vote, Councilmember Rose absent) Council Memo EXECUTIVE SESSION 15 8/8/85 Mayor Cooksey announced Council would recess for executive session, pursuant to Article 6252-17, Texas Revised Civil Statutes Annotated, to discuss the following matter; and action, if any, on the matter will be taken during the public meeting after the conclusion of the executive session: - a. Land Acquisition Generation Facility and passage of resolution Paragraph f. Site selection for an Electric - Section 2, RECESS Council recessed its meeting for executive session at 5:00 p.m. and resumed its meeting at 5:50 p.m. ELECTRIC GENERATION FACILITY The Council, on Mayor Pro Tem Trevino's motion, Councilmember Shipman's second, adopted a resolution directing the City Manager to commence acquisition of land for a base load fossil fuel fired electric generating plant within the boundaries of the site discussed in an executive session of the City Council on the date of the adoption of this resolution. (6-0 Vote, Councilmember Rose absent.) PUBLIC HEARING ON APPEAL OF A SITE PLAN Mayor Cooksey opened the public hearing set for 6:00 p.m. on an appeal from Richard T. Suttle, Jr. on the Planning Commission's decision regarding a site plan for 5406 Bull Creek Road. SP-85-075. (Mayor Cooksey left the Council Chamber at 6:38 p.m. and was absent for the vote.) COMPLETE TRANSCRIPT OF THE PROCEEDINGS ARE ON FILE IN THE CITY CLERK'S OFFIC. Motion The Council, on Councilmember Shipman's motion, Councilmember Carl-Mitchell's second, DENIED THE APPEAL and upheld the Planning Commission's decision regarding a site plan for 5406 Bull Creek Road. SP-85-075. (5-0 Vote, Mayor Cooksey and Councilmember Rose absent.) Council Memo PUBLIC HEARING ON VACATION 16 8/8/85 Mayor Pro Tem Trevino opened the public hearing set for 6:30 р.м. on vacation of a portion of KIM LANE from Duncan Lane to Luther Lane. (Vacation of the reference right-of-way submitted by Mr. Robert M. Sumners on behalf of Concordia Lutheran College) Richard Ridings, Director of Public Works, reviewed the street vacation. Jerry Saeger, representing Concordia College, told why the street vacation is needed for the college area. Motion The Council, on Councilmember Urdy's motion, Councilmember Humphrey's second, closed the public hearing, waived the requirement for three readings and finally passed an ordinance vacating a portion of Kim Lane and Luther Lane. (Vacation of the reference right-of-way submitted by Mr. Robert M. Sumners on behalf of Concordia Lutheran College) (5-0 Vote, Mayor Cooksey and Councilmember Rose absent.) HEARING POSTPONED The Council, on Councilmember Carl-Mitchell's motion, and Councilmember Urdy's second, postponed indefinitely an appeal from Jerry Harris of the Planning Commission's decision regarding Case No. C14p-84-109, 12118 Walnut Parks Crossing. (5-0 Vote, Mayor Cooksey, Councilmember Rose absent.) The zoning case in conjunction with this, was also postponed indefinitely: -84 JOHN P. WATSON 444 By Steve Frost 12118 Walnut Park Crossing From Interim "A" 1st H&A Το "BB" 1st H&A (MF-2) NO RECOMMENDATION POSTPONED INDEFINITELY (On Councilmember Carl-Mitchell's motion, Councilmember Urdy's second, 5-0 Vote, Mayor Cooksey and Councilmember Rose absent. ) ADJOURNMENT Council adjourned its meeting at 7:30p.m.