CITY OF AUS FOUNDED 1839 Austin City Council MINUTES For September 12, 1985 - 1:00 Ρ.Μ. City Council Frank C.Cooksey 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 Pro Tem Trevino called to order the meeting of the Council, noting the absence of Mayor Cooksey. MINUTES APPROVED The Council, on Councilmember Rose's motion, Councilmember Humphrey's second, approved minutes for regular meeting of September 5, 1985 and special meetings of September 3 & 4, 1985. (5-0 Vote, Councilmember Urdy out of the room, Mayor Cooksey absent) CITIZENS COMMUNICATIONS Mr. E. Adrian Van Zelfdin who had requested to discuss city taxation, did not appear. Mr. Roger Baker discussed long-range planning based on the "Delphi Study". Mr. David D. Dobbs discussed the implications of the proposed outer loop and Mopac south. Charter. Mr. David N. Elliott talked about the City : Council Memo 2 9/12/85 Mr. Michael Kleinman discussed the feasibility of recycling grey water. Mr. Tom Prentice gave his opinions on city/school issues. Mr. Sam Hoerster III, talked about city funded abortions and the City Charter. AWARDS & SALE OF G.O. REFUNDING BONDS The Council, on Councilmember Rose's motion, Councilmember Carl-Mitchell's second, waived the requirement for three readings and finally passed an ordinance approving the Awards and Sale of General Obligation Refunding Bonds. (6-0 Vote, Mayor Cooksey absent.) The Council, on Councilmember Rose's motion, Councilmember Carl-Mitchell's second, adopted a resolution providing for the redemption of certain General Obligation bonds. (6-0 Vote, Mayor Cooksey absent.) CONSENT ORDINANCES The Council, on Councilmember Rose's motion, Councilmember Carl-Mitchell's second, waived the requirement for three readings and finally passed the following ordinances in one consent motion: (6-0 Vote, Mayor Cooksey absent.) CIP BUDGET AMENDMENTS Amended the 1984-85 Capital Improvements Program budget by a. b. c. d. Appropriating $699,000.00 for the Montopolis Drive Paving and Drainage Project originally scheduled to be appropriated in the FY 1985-86. Appropriation of $584,000.00 in Parks and Recreation bonds originally scheduled to be appropriated in FY 85-86. Reprogramming 1979 and 1980 General Obligation Bonds to cover shortfalls in Parks Capital Improvements Program. Reprogramming 1982 General Obligation Bonds in the amount of $461,000.00 for Rosewood Center/Park Improvements and renovation of several neighborhood parks in Zone 1 and 3. : Council Memo Family Planning Contract 3 9/12/85 Renewed the Title XX Family Planning contract with the Texas Department of Human Resources to reflect a new funding amount of $163,360.00 for the period September 1, 1985 to August 31, 1986. Health Department Fees Approved implementation of a sliding fee scale for certain Health Department Services. Item Pulled Pulled for one week was consideration of revising the Circle C MUD land plan and amendments to the Consent Agreement. Leaks to be Repaired Approved an ordinance which requires the repair of leaks or defects in theprivate plumbing systems that are connected to the wastewater collection system in order to reduce or eliminate excess wastewater from the system. Austin Cab Company Repealed Ordinance No. 841206-C granting a franchise to Austin Cab Company. Item Pulled Pulled until September 19, 1985 for consideration was a resolution to increase the number of vehicles authorized to be used as taxicabs by Harlem Cab Company from 59 vehicles to 94 vehicles. North Capitol Area Moratorium 1985. Extended the North Capitol Area Moratorium until October 15, Health Care Joint Ventures Approved the creation of a nonprofit corporation for the purpose of planning, developing and participating in Health Care Joint Ventures; approving articles of incorporation and bylaws and negotiate a contract for a magnetic resonance imaging joint venture. Council Memo Item Pulled 4 9/12/85 Pulled from the agenda was amendment to Ordinance No. 840717-A relating to the purchase of fire demand meters. The problem had been handled administratively. Northwest Area Land Use Guidance Plan Amended the Northwest Area Land Use Guidance Plan at Vaught Road approximately 400 feet from its intersection with RM 2222 from Residential to Neighborhood Retail Center and by changing the text of the plan to provide for equivalent floor-to-area-ratios between retail and office uses. (Hearing held September 5, 1985) Zoning Ordinance Amended Chapter 13-2 and 13-2(A) of the Austin City Code (Zoning Ordinance) to cover the following changes: MILWOOD JOINT VENTURE, II 6104-6298 McNeil Road by Ken Manning C14-84-022 (Part) From Interim "SF-2" to "LI" Heard and granted May 3, 1984, (6-0). Councilmember Sally Shipman absent. Conditions have been met as follows: (1) Applicant has dedicated required street right-of-way on subdivision plat; (2) Restrictive Convenant incorporating conditions imposed by Council has been executed. NORTHVIEW BAPTIST 100 West Rundberg Lane CHURCH From Interim "SF-2" to 'IR" By Cunningham-Graves Inc. C14-85-072 Heard and granted May 2, 1985, (6-0). Conditions have been met as follows: Letter has been submitted setting out improvements to be carried out subject to approval of zoning. SHANNON ECKOLS C14-84-330 3510 Clawson From Interim "SF-3" to "SF-6" Heard and granted December 6, 1984, (6-0). Councilmember Mark Rose absent. Conditions have been met as follows: Right-of-way on Middle Fiskville Road has been conveyed by Street Deed. Council Memo TOMMY NELMS By Thomas J. O'Meara, Jr. C14-84-366 5 9/12/85 5710 McCarty Lane From "SF-2" to "RR" & "SF-5" Heard and granted June 13, 1985, (6-0). Mayor Pro Tem John Trevino, Jr. absent. Conditions have been met as follows: right-of-way on McCarty Lane has been conveyed by Street Deed. BILL ATWOOD Ey Donald R. Small C14r-84-479 11401 R.M. 2222 From Interim "SF-3" to "CS-1" Heard and granted April 4, 1985, (6-0). Conditions have been met as follows: (1) Development restricted to that shown on site plan attached as Exhibit "A" to the ordinance. CITY OF AUSTIN OFFICE OF LAND DEVELOPMENT SERVICES C14-84-376 Proposed MoPac and Braker Lane Extensions From Interim "SF-2" to PDA Combining District in Combination with LI District EMERGENCY PASSAGE OF ORDINANCE Heard and granted July 11, 1985, (7-0). Site plan has not been released. Item Pulled Pulled from the agenda was consideration of an ordinance to impose a moratorium on tap sales in the Govalle Wastewater Service Area, consistent with the litigation settlement agreement. CONSENT RESOLUTIONS The Council, on Councilmember Rose's motion, Councilmember Urdy's second, adopted the following resolutions in one consent motion: (6-0 Vote, Mayor Cooksey absent) Lease Approved lease with Morin M. Scott, Trustee, for the Office of Emergency Management in the Brown Building. Anderson Mill Reservoir Approved acquisition of a 7.36 acre site and a .42 acre Temporary Workspace Easement for the Anderson Mill Reservoir (Northwest "B" Pressure Zone, Reservoir Project). C.I.P. No. 85/22-31. Change Order Approved the following Change Order: In the amount of $32,105.10 to Aqua Fab, Inc. for Zone 1 Canyon Vista Community Pool. (14.1% increase of the contract amount) CAPITAL IMPROVEMENTS PROGRAM No. 83/86-19. Council Memo Contracts Approved 6 Approved the following contracts: a. AUSTIN ROAD COMPANY 428 East Anderson Lane Austin, Texas b. WRIGHT-HANKEY, INC. P. 0. Box 848 Del Valle, Texas c. d. e. f. ANTHONY BROS. CONSTRUCTION CO., Inc. 3816 South Lamar, Suite 203 Austin, Texas ELECTRIC UTILITY CONSTRUCTION CO. 5401 South Sheridan, Unit 202 Tulsa, Oklahoma J & E DIRT WORK, INC. 12406 Old San Antonio Rd. Manchaca, Texas COFFEE EQUIPMENT CO. P. O. Box 845 Buda, Texas - - - g. Bid award: - 9/12/85 CAPITAL IMPROVEMENTS PROGRAM - Construction of Montopolis Drive Paving and Drainage (from Ben White Blvd. to Riverside Drive), Public Works Department Total $1,603,558.40 C.I.P. Nos. 78/62-09, 83/22-04 & 83/23-04. CAPITAL IMPROVEMENTS PROGRAM - E.M.S. Station No. 14 Addition to Fire Station No. 23, Public Works Department Total $63,360.00 C.I.P. No 82/93-01. CAPITAL IMPROVEMENTS PROGRAM - Construction of Sidewalk and Sidewalk Ramp Improvements on William Cannon Boulevard from Brodie Lane to I.H.35., Public Works Department - Total $106,985.75 C.I.P. No. 85/61-03. CAPITAL IMPROVEMENTS PROGRAM - Construction of Overhead Electric Distribution Facilities for Burleson Road from Hwy. 183 West to Chapman Lane, Electric Utility Department - Total $93,458.25 C.I.P. No. 85/14-02. CAPITAL IMPROVEMENTS PROGRAM - Installation of Underground Electric Distribution Facilities, ror Rockcliffe Estates P.U.D. Electric Utilities Department Total $33,470.30 C.I.P. No. 85/15-01. CAPITAL IMPROVEMENTS PROGRAM - Installation of Underground Electric Ductline for Austin Hills Section 6, Electric Utility Department Total $97,386.00 C.I.P. No. 84/15-01. CAPITAL IMPROVEMENTS PROGRAM Network Transformers and Network Protectors, Electric Utility Department Total $603,564.00 C.I.P. No. 85/15-01 Council Memo 7 9/12/85 h. (1) POLELINE ELECTRIC SUPPLY, INC. 4111-G Todd Lane Austin, Texas (2) WESTINGHOUSE ELECTRIC CORPORATION 201 E. St. Mary's Suite #512 San Antonio, Texas - - SPORTS & RECREATION PRODUCTS (MBE) - 3764 El Dorado Street Laredo, Texas 1. WRIGHT-HANKEY, INC. j. P. O. Box 848 Del Valle, Texas J. W. BARTHOLOW MACHINERY COMPANY IH-35 South at South Loop 4 Buda, Texas k. WAUKESHA-PEARCE INDUSTRIES 3740 Southeast Loop 410 San Antonio, Texas 1. DI. ROSS LABS 8712 Tallwood Drive Austin, Texas KOMUO EQUIPMENT COMPANY 1915 Hydro Austin, Texas - - - Items 14 $344,380.00 Items 58 - $259.184.00 CAPITAL IMPROVEMENTS PROGRAM - Metal Playstructures, Parks and Recreation Department Total $53,587.50 C.I.P. No. 83/86-20, 77/86-03, 83/86-21, 86/86-37 & 82/86-20 Remodeling of Calcasieu Building, Public Works Department Total $290,000.00 85-C871-JJ Two (2) Self-Propelled Chip Spreaders, Vehicle & Equipment Services Department Item 1 $101,923.00 85-0348-OM/JB Forty (40) ton, Truck-mounted Hydraulic Crane, Vehicle & Equipment Services Department Item 1 $175,380.00 85-0347-OM/JB Formula Products, Brackenridge Hospital Twelve (12) month Supply Agreement Total $36,726.96 BS5-1310 Nine (9) Wheel, Pneumatic Tired, Twelve (12) Ton Roller Vehicle & Equipment Services Department Total $29,700.00 85-0349-OM/JB - Grant Application Junior League Authorized submission of a grant application to the Junior League of Austin, Inc. in the amount of $14,871 for funding for the Senior Companion Program for the period of July 1, 1986 to June 30, 1987. Council Memo Access Television Fund Budget 8 9/12/85 Adopted the Fiscal Year 1985-1986 Access Television Fund Budget. Allocation of Community Channels Approved allocation of community channels on Austin CableVision's subscriber system: a. Use of cable access Channel 19 by Austin Community College. b. Approval of AISD's request for a second channel. Public Hearings Set Set public hearings on the following: a. Dedication of a permanent easement for the construction of a 15' storm water drainage line across a portion of the north bank lake front: October 17, 1985 at 3:00 p.m. b. On-site annexation hearing for Case No. C7a-85-009, North Central Area: October 23, 1985 at 5:00 p... c. Appeal from Shirley Weiler for denial of approval of proposed three story office building at 3301 Highland Drive: October 17, 1985 at 3:30 p.m. Boycott of Grapes Support the boycott of grapes by the United Farm Workers of America. MOC Attorney Approved hiring an attorney to review the legal documents concerning the Municipal Office Complex. Councilmember Shipman stated: "We accept the recommendation of the City Manager, which is retention of the firm Jenkins, Gilchrist and Heath, that we realize the City Manager will need to negotiate the fee and if there are any unusual costs involved this information shall be presented to the City Council prior to payment." Letter of Representation Authorized City Manager to enter into a letter or representation and an agency declaration letter for the C. Aubrey Smith MoPac right-of-way. Council Memo HEARING POSTPONED 9 9/12/85 The Council, on Councilmember Urdy's motion, Councilmember Rose's second, postponed for 60 days the hearing scheduled for 3:00 p.m. on an appeal of demolition order issued by the Building Standards Commission for 2504 Walter Street. (6-0 Vote, Mayor Cooksey absent.) MORATORIUM The Council, on Councilmember Rose's motion, Councilmember CarlMitchell's second, waived the requirement for three readings and finally passed an ordinance extending the Building and Plumbing Permit Moratorium in the Williamson Creek Wastewater Treatment Service Area until June 1, 1986. (6-0 Vote, Mayor Cooksey absent) ZONING ORDINANCE The Council, on Councilmember Carl-Mitchell's motion, Councilmember Rose's second, waived the requirement for three readings and finally passed an ordinance amending Chapter 13-2 and 13-2(A) of the Austin City Code (Zoning Ordinance) to cover the following changes: (5-1 Vote, Councilmember Shipman voted No, Mayor Cooksey absent) From "CS" to "CS-MU" JOHN P. SCHNEIDER By Richard Suttle Jr. C14-85-133 513-521 & 601-605 M.L.K. Jr. Blvd. also bounded by Nueces LEASE The Council, on Councilmember Carl-Mitchell's motion, Mayor Pro Tem Trevino's second, adopted a resolution entering into a lease with Travis Properties for the Communications Department. (6-0 Vote, Mayor Cooksey absent) CAPITAL IMPROVEMENTS PROGRAM The Council, on Councilmember Shipman's motion, Councilmember Humphrey's second, adopted a resolution approving the selection of Alan Plummer & Associates, Inc. for professional environmental engineering services for the Walnut Creek Wastewater Treatment Plant Discharge Permit Assistance and Colorado River Waste-Load Allocation Review Services, deleting Section I.D., "Perform detailed analysis to examine the effect of the Walnut Creek treatment plant discharge on the sulfate, chloride, and total dissolved solids levels of the Lower Colorado River" in the Scope of Work. (6-0 Vote, Mayor Cooksey absent.) APPEALS TO COUNCIL Mr. Jerald Winetroub discussed the hold on taps in the Govalle treatment area. Council Memo 10 9/12/85 Pulled from the agenda was the appeal of Mr. Terrence Lang Irion requesting Council to consider an ordinance waiving the 18-month rule to reconsider a zoning change, permitting the submittal of a zoning application for a remote airport parking and check-in facility. Mr. Bob Sudhop withdrew his request for a variance to Ordinance No. 850711-N (Town Lake Corridor) for the property located at 4701 A Red Bluff Road. ELECTRIC UTILITY COMMISSION REPORT Pack Young presented to Council budget recommendations for the Electric Department, Utility Customer Service Office, and Resource Management Department which includes three new people and an addition of $119,000. HILL COUNTRY ROADWAY ORDINANCE Jay Powell, Planning Commission, explained to Council the Hill Country Roadway Ordinance. PUBLIC HEARING - VACATION OF A PORTION OF GEORGIAN DRIVE Mayor Pro Tem Trevino opened the public hearing set for 3:30 p.m. on vacation of the following: Georgian Drive (10700 Block). (Request submitted by Mr. Bert Pence on behalf of the adjoining property owners). Mr. Richard Ridings, Director of Public Works, told Council all was in order for the street vacation. 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 vacating the 10700 Block of Georgian Drive. (6-0 Vote, Mayor Cooksey absent) RECESS - Council recessed its meeting from 3:55 p.m. to 4:20 p.m. : Council Memo ZONING HEARINGS 11 9/12/85 Mayor Pro Tem Trevino announced Council would hear the following zoning case. Council heard, closed the public hearing, granted, and instructed the City Manager to instruct the City Attorney to return with the proper ordinance: -85 STANLEY E. JEWELL 206 TRUSTEE By Lawrence E. Joyce 506-600 Rundberg Ln. From "GR" To "CS" RECOMMENDED GRANTED AS RECOMMENDED (On Councilmember Shipman's motion, Councilmember Rose's second, 5-0 Vote, Councilmember Urdy out of the room, Mayor Cooksey absent.) Hearings to be Continued The Council, on Councilmember Urdy's motion, Councilmember Shipman's second, voted to continue the following zoning case: -83 253 V.C. INVESTMENTS By Hermann Vigil 6713 Manor Road From "I-A" Ist (I-SF-3) RECOMMENDED (as amended) "GR", 1st H&A, noting that up to 50 feet of right-of-way from the centerline is needed for Springdale Road and up to 35 feet of right-of- way from the centerline is needed for Turner Drive. CONTINUE THE PUBLIC HEARING UNTIL THE SPECIAL PERMIT IS HEARD AND IF SPECIAL PERMIT IS APPEALED THE HEARING AND THE APPEAL WILL BE SCHEDULED AT THE SAME TIME (On Councilmember Urdy's motion, Councilmember Shipman's second 6-0 Vote, Mayor -84 DAVID TAYLOR & 512 DUBB SMITH By Minter, Joseph & Thornhill 12210-12222 Tanglewild Drive Cooksey. absent.) From "I-RR" Το "SF-6" NOT RECOMMENDED RECOMMENDED CONTINUE PUBLIC HEARING UNTIL APPLICANT GOES THROUGH RESUBDIVISION AMENDMENT TO PRELIMINARY SUBDIVISION (On Councilmember Shipman's motion, Councilmember Carl-Mitchell's second, 6-0 Vote, Mayor Cooksey absent.) Council Memo PUBLIC HEARING - 12 SALVATION ARMY SITE 9/12/85 Mayor Pro Tem Trevino opened the public hearing set for 4:00 p.m. on Salvation Army Site. The following people, representing the Salvation Army, spoke: Anne Wynne, task force chairperson; Dick Rathgeber; Herman Son, architect for the Salvation Army. discussed Fred Hanna, East 6th Street Merchants, and Bruce Rick, historical renovator of Hannig Row on East 6th Street, both the site selected by the task force, which they said was too near East 6th Street. Also opposing were David Graeber, Steve Howser, Jay Johnson and Jane Sibley. A representative from the Southland Corporation, said they will sell one of their tracts, or trade land for use by Salvation Army. Dr. Pat Hayes, president, St. Edwards, said the task force data should be the solution. James Pinedo favors keepin the facility downtown. Bill Rovira said the Salvation Army would destroy the neighborhood around South Congress if it is put there. Ed Garden also opposes the South Congress site, as does Nathan Carden, Gracie Voudouris, Yolande Yanez, Mandy Williams, Bill Clayton, Cynthia Valadez, Allen Stiles, Marian Blum, Claudette Lowe, Mike Spurlock, Bernard Levitan, Bess Buchanan. Fred Ebner wondered why the City is getting involved in this. Richard Gravois said the Sector 12 planning council opposes the southern site and the Salvation Army should be put downtown. So did Jeanine Cook, Allen Bushong, Mike Poulson Mike Reynolds questions the City's involvement and is against SA being put downtown. Karen Sloan opposes a south site and Cleta Burch opposes the downtown site. Eileen Rovira opposes the south site. Bryan Hurst presented a petition. Robert Janes wants SA downtown. Jerry Goff who owns half of the downtown selected site, does not understand the process. Della Green wants SA put at Koenig Lane and Airport. Enrique Lopez wants it kept downtown. area and Felix Rosales wants it downtown, as does Gilberto Rivera. Carl Day said to put it in an industrial Various task force members spoke, among them were Marcie Goodfleisch, General Marshall and Jerald Winetraub. Louisa Stark from the Central Arizona Shelter Services in Phoenix, spoke about their similar situation and how the solved it by Council Memo 13 having a central shelter rather than the Salvation Army. it is a good experience and has worked well in their city. were shown of the shelter. 9/12/85 She said Slides Motion The Council, on Councilmember Carl-Mitchell's motion, Councilmember Humphrey's second, closed the public hearing. (6-0 Vote, Mayor Cooksey absent) This will be placed on the 9/24/85 agenda at 4:00 р.m. for action. RECESS - Council recessed its meeting at 8:15 p.m. and resumed its recessed meeting at 8:45 p.m. PUBLIC HEARING - ARTS IN PUBLIC PLACES Mayor Pro Tem Trevino opened the public hearing set for 5:00 р.m. on Arts in Public Places Ordinance. Peter Ingerson, PARD, explained the ordinance, Maurice Coates and Paul Leche, Arts Commission, both spoke. Annette Carlozzi, curator, Laguna Gloria, strongly supports the ordinance. Motion The Council, on Councilmember Carl-Mitchell's motion, Councilmember Humphrey's second, closed the public hearing. (4-0 Vote, Councilmember Rose and Urdy were out of the room, Mayor Cooksey absent) This will be placed on the 9/26/85 agenda for action. PUBLIC HEARING - RECOMMENDATIONS REGARDING NEIGHBORHOOD CENTERS City Manager Carrasco said there is a proposal to take the neighborhood centers away from jurisdiction of the City and have them run by the private sector. It was done like this several years ago. Jane Haney, United East Austin, read a resolution asking for a moratorium on a change in the system. Olympia Davis Emory read a letter and a poem against the proposal. John Douglas, Catherine Poole, Cathy Urdy, Yoland Yanez, Ron Davis, Elliott Zirkel, Gilberto Rivera, Enrique Lopez, Blake Mitchell, Malcolm Greenstein, Jesse Aguilera, Felix Rosales, Diana Castaned, James Pinedo, Cathy Tyler, Elliott Naishtat, Cynthia Valdez, Lena Stewart and Paul Hernandez all spoke agains the change. Urdy. Mayor Pro Tem Trevino spoke against the change, as did Councilmembe Council Memo 14 Motion 9/12/85 The Council, on Councilmember Carl-Mitchell's motion, Councilmember Rose's second, closed the public hearing. (6-0 Vote, Mayor Cooksey absent) CITY MANAGER REPORTS The City Manager reports on Funding for Social Services, UDAG Application Review and Mockingbird Hill Area Study Boundaries, and the Convention Center, were pulled from the agenda. COUNCIL MEETING CANCELLED Council had before them for consideration the cancelling of the October 3, 1985 City Council Meeting. Motion Councilmember Shipman made a motion, seconded by Councilmember Carl-Mitchell, to not cancel the October 3, 1985 meeting. Substitute Motion Councilmember Humphrey made a substitute motion, seconded by Mayor Pro Tem Trevino, to cancel the October 10, 1985 Council meeting. Motion was approved by a vote of 6-0, with Mayor Cooksey absent.) SESQUICENTENNIAL COMMISSION APPOINTMENTS As a result of deliberation in Executive Session at the Emergency Special Called Meeting of September 10, 1985, the following appointments were made to the Sesquicentennial Commission. Motion The Council, on Councilmember Carl-Mitchell's motion, Councilmember Rose's second, appointed the following to the Sesquicentennial Commission: (6-0 Vote) Steven Fearing, Peggy Brown, William Howard, Wylie Jordan, Manuel Ramirez, Maline McCalla, Betty Himmelblau, Lena Guerrero, Barbara Cilley, Edward Guinn, Louis Hicks, Marta Cotera, Wanda Stedman, Brien Dunn. ADJOURNMENT - Council adjourned its meeting at 11:50 p.m.