FOUNDED 1839 Austin City Council MINUTES For October 31, 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 scheduled for 1:00 p.m., noting the absence of Mayor Cooksey who he said would arrive shortly. MINUTES APPROVED The Council, on Councilmember Carl-Mitchell's motion, Councilmember Shipman's second, approved minutes for regular meeting of October 24, 1985 and special meetings of September 11, 17, 18, 30 and October 15, 20,21 and 22, 1985. (5-0 Vote, Mayor Cooksey and Councilmember Urdy not Yet in the Council Chamber. CITIZENS COMMUNICATIONS Mr. Lance Winter and Mr. Don Avirett, who had requested to appear were not present. Mr. Ron Rhea, Mr. Sam Hoerster III, Rev. David L. Dukes and Ms. Lisa Jane Eubank all discussed City funded abortions. Mr. Jim Davis talked about the southwest roadway plan. Michael P. Strickland discussed real estate developers contributions to homeowner associations and community at large. Mr. Martin Delgado discussed the CDBG program. Mr. Ned Ewart talked to Council about a southwest Austin comprehensive plan. CONSENT ORDINANCES The Council, on Mayor Pro Tem Trevino's motion, Councilmember Humphrey's second, waived the requirement for three readings and finally passed the following ordinances in one consent motion: (7-0 Vote) Council Memo Operating Budget Amendment 2 Amended the FY 1985-86 Operating Budget by: a. b. c. 10/31/85 Appropriating $7,500 from the unbudgeted reimbursements within the 1984-85 Social Services Program to Austin Child Guidance and Evaluation Center to offset a yearend deficit. Appropriating $4,500 from the undbudgeted reimbursements within the 1984-85 Social Services Program to Housing and Community Services for an "Interagency Program serving the Homeless." Appropriating up to $15,619 from the General Fund Ending Balance to the Capital Area Food Bank for the transportation of government surplus commodities. Disannexation Approved disannexing the area in the Intersection of FM 2244 and Walsh Tarlton Lane and Releasing the disannexed area to the City of Rollingwood. Items Postponed Postponed until November 14, 1985 consideration of revisions to the North Austin MUD Land Plan and, amendments to the Consent Agreement. Postponed until November 7, 1985 amending the Southwest Austin (Circle C) MUD No. 3 Utility Construction Contract and Consent Agreement. Amendment Amended Ordinance No. 841220-SS, Zoning Case No. C14-83-026 by correcting the file number of said Ordinance. Child Care Commission Created a Child Care Commission, establishing its duration, membership, charge and effective date. Capitol View Corridors Approved an amendment to the Zoning Ordinance providing for Transfer of Development Rights in the Capitol View Corridors with a further amendment by Councilmember Shipman to change wording, "at the discretion of Council to maximum of 50% receiving lot". Council Memo Zoning Ordinances 3 10/31/85 Amended Chapter 13-2 and 13-2(A) of the Austin City Code (Zoning Ordinance) to cover the following changes: RICHCREEK ASSOCIATES By Terry Hagood C14r-85-120 J.E. MOTHERAL By Charles W. Croslin Jr. C14r-85-156 NEELY'S CANYON HOMEOWNER ASSCOCIATION By Donna Kristaponis Cl4r-85-222 12593 Research Blvd. From Interim "SF-2" to "GR" 10633-10711 North IH-35 4606 Spicewood Springs Road From "SF-2" to "CS", .. From "SF-6" Το "GO" DAVENPORT RANCH The Council, on Councilmember Humphrey's motion, Mayor Pro Tem Trevino's second, waived the requirement for three readings and finally passed an ordinance approving two site plans within Davenport Ranch. (7-0 Vote) TOWN LAKE AREA MORATORIUM The Council, on Councilmember Shipman's motion, Councilmember Carl-Mitchell's second, approved extending the Town Lake Area Moratorium, excluding the Humane Society area. (6-1 Vote, Councilmember Rose voted No.) ITEM POSTPONED Postponed until November 14, 1984 consideration of amending Article IV of Chapter 8-3 and Section 9-1-4 of the Austin City Code of 1981, establishing regulations for the issuance of permits for the operation of archery ranges and facilities where firearms are discharged, authorizing the discharge of firearms at an approved shooting facility, providing for severability. ... NORTHWEST AREA LAND USE GUIDANCE PLAN Council had before them an ordinance amending the Northwest Area Land Use Guidance Plan by establishing a corridor for higher intensity uses and providing a method for determining equivalent uses. Mr. Norman Standerfer, Director, Planning and Growth Management, Council Memo reviewed the amendment. was made: 4 10/31/84 After a long discussion the following motion Motion Councilmember Carl-Mitchell made a motion, seconded by Councilmembe: Shipman to adopt the ordinance with typographical errors corrected as noted by Mr. Standerfer. Substitute Motion Councilmember Rose made a motion, seconded by Councilmember Urdy to adopt the ordinance with three changes: change corridor to 1500 feet; or within 500' of the intersection of two major and minor arterial roadways; provides for intensity bonus's for the dedication of public right-of-way, parkland, preservation of scenic vistas and open spaces and construction of public facilities. Discussion followed. Friendly Amendment Mayor Cooksey offered a friendly amendment to do away with The amendment was accepted. the CAP. Councilmember Rose said he cannot accept a 500' corridor. David Armbrust said the proposed corridor is too narrow. Bill Faust said a 500' corridor would be another Burnet Road. Donna Kristaponis spoke representing the Schlieder property. Scott Young spokè concerning the 620 North Association, saying the corridor should be 1500'. Sanders representing landowners on 620 and 2222 said the ordinance would plan urban sprawl. Roger Baker spoke. Fred Purcell urged the vote for Councilmember Rose's motion. Sid Mayor Cooksey suggested that since there were so many questions the item should be postponed until November 21, 1985. Councilmember Rose said he would like a Council sub-committee to work on the problems. Mayor Cooksey appointed Councilmember Shipman, Councilmember Rose and Councilmember Carl-Mitchell to work on the subcommittee. Motion and Substitute Motion Withdrawn Councilmember Carl-Mitchell withdrew his motion and Councilmember Rose withdrew his substitute motion. RECESS Council recessed its meeting from 5:00 to 5:15 p.m. Council Memo BOND ELECTION 5 10/31/85 Council had before them an ordinance to consider setting the ballot for a December 14, 1985 Bond Election. Several motions were made. Motion - FAILED Councilmember Rose made a motion, seconded by Mayor Pro Tem Trevino to set only water and wastewater and electric items on the ballot. Motion FAILED 3-3 Vote, Mayor Cooksey, Councilemmbers CarlMitchell and Humphrey voted No, Councilmember Shipman out of the room. Motion The Council, on Councilmember Carl-Mitchell's motion, Councilmember Humphrey's second, separated Bear Creek Interceptor for a vote. (6-0 Vote, Councilmember Shipman out of the room.) (To appear on the ballot as a separate proposition.) Motion - FAILED Councilmember Humphrey made a motion, seconded by Mayor Cookesy to include south Austin and Oak Hill parkland, one senior activity center east and Commons Ford activity center. Motion FAILED by a vote of 3-3 with Mayor Pro Tem Trevino voting no, Councilmembers Rose and Urdy voting No. Councilmember Shipman out of the room. Council decided to continue with their motions after Councilmember Shipman returned to the Council Chamber. LATER: Motion DIED FOR LACK OF SECOND Councilmember Shipman made a motion to extend Town Lake Park for $26,000,000. Motion died for lack of second. Motion Councilmember Rose made a motion seconded by Mayor Pro Tem Trevino to include only water and wastewater and electric items on the ballot. Substitute Motion - FAILED Councilmember Shipman offered a substitute motion to include parkland on the ballot including Colorado River, Rainey, South Austin and Wild Basin areas. The motion was seconded by Councilmember Carl-Mitchell and FAILED by a vote of 2-5 with Councilmember Rose, Councilmember Urdy, Mayor Cooksey, Mayor Pro Tem Trevino and Councilmember Humphrey voting No. Council Memo 6 Motion 10/31/85 Councilmember Humphrey made a motion, seconded by Councilmember Shipman to include an item for $290,000 fór Oak Hill. park improvements,$2.1 milli for South Austin park; $2,225 million for senior activity center in east Austin. (4-3 Vote, Councilmember Urdy, Mayor Pro Tem Trevino and Councilmember Rose voted No.) Motion Councilmember Carl-Mitchell made a motion, seconded by Councilmember Shipman to reconsider. Approved by 7-0 Vote. Motion The Council, on Councilmember Humphrey's motion, Councilmember Shipman's second, to include water and wastewater, electric & three parks items. (5-0 Vote Councilmember Urdy and Councilmember Rose voted No.) Motion The Council, on Councilmember Carl-Mitchell's motion, Councilmember Humphrey's second, waived the requirement for three readings and finally passed an ordinance setting the ballot for a December 14, 1985 bond election. (See following pages) (7-0 Vote) i 7 1 = CITY OF AUSTIN, TEXAS ORDINANCE NO. 851031-0 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF AUSTIN, TEXAS, CALLING A BOND ELECTION TO BE HELD IN SAID CITY FOR THE AUTHORIZATION OF GENERAL OBLIGATION BONDS AND REVENUE BONDS, MAKING PROVISION FOR THE CONDUCT OF THE ELECTION AND OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE OF THIS ORDINANCE; SUSPENDING THE RULE REQUIRING THAT ORDINANCES BE READ ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Austin, Texas, deems it necessary, advisable and to the best interest of the City and its inhabitants that the bonds of said City be issued for the purposes hereinafter stated, and to that end has determined to submit the propositions for the authorization of such bonds to an election as hereinafter set out; and, WHEREAS, the City Council considers that it is to the best interest of the City and its inhabitants that at the earliest possible date the City provide funds for such purposes and considers the ordinance an emergency measure for the immediate preservation of the public peace, health and safety of the citizens of the City: Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. That an election be held on the 14th day of December, 1985, which date is not less than fifteen (15) nor more than ninety (90) days from the date of the adoption hereof, at which election the following propositions shall be submitted: PROPOSITION NUMBER 1 "SHALL the City Council of the City of Austin, Texas, be authorized to issue utility system revenue supported bonds of said City to the amount of ONE HUNDRED SEVENTY FIVE MILLION, ONE HUNDRED THIRTY THOUSAND DOLLARS ($175,130,000), maturing in such installments as may be fixed by the City Council, the maximum maturity being not more than FORTY (40) years from their date, to be issued and sold at any price or prices and to bear interest at any rate or rates (fixed, floating or variable) as shall be determined within the discretion of the City Council at the time of issuance, for the purpose of improving and extending the City's Electric Light and Power System; to wit: System reliability improvements, including, but not limited to, improvements to the transmission and substation facilities, including financing costs and the funding of special funds maintained therefor; said bonds to be issued in accordance with law and secured by pledge of the net revenues from the operation of the City's Electric Light and Power System and Waterworks and Sewer System, each bond to be conditioned that the holder a 8 _ CITY OF AUSTIN, TEXAS thereof shall never have the right to demand payment of said obligation out of the funds raised or to be raised by taxation?" PROPOSITION NUMBER 2 "SHALL the City Council of the City of Austin, Texas, be authorized to issue utility system revenue supported bonds of said City to the amount of SEVENTY SIX MILLION, FIFTY FIVE THOUSAND DOLLARS ($76,055,000), maturing in such installments as may be fixed by the City Council, the maximum maturity being not more than FORTY (40) years from their date, to be issued and sold at any price or prices and to bear interest at any rate or rates (fixed, floating or variable) as shall be determined within the discretion of the City Council at the time of issuance, for the purpose of improving and extending the City's Electric Light and Power System; to wit: distribution facilities--overhead line extensions for new service requests; system changes for increased load; relocation or replacement of distribution facilities; underground major distribution projects, including financing costs and the funding of special funds maintained therefor; said bonds to be issued in accordance with law and secured by a pledge of the net revenues from the operation of the City's Electric Light and Power System and Waterworks and Sewer System, each bond to be conditioned that the holder thereof shall never have the right to demand payment of said obligation out of the funds raised or to be raised by taxation?" PROPOSITION NUMBER 3 "SHALL the City Council of the City of Austin, Texas, be authorized to issue utility system revenue supported bonds of said City to the amount of TWENTY FIVE MILLION, EIGHT HUNDRED NINETY ONE THOUSAND DOLLARS ($25,891,000), maturing in such installments as may be fixed by the City Council, the maximum maturity being not more than FORTY (40) years from their date, to be issued and sold at any price or prices and to bear interest at any rate or rates (fixed, floating or variable) as shall be determined within the discretion of the City Council at the time of issuance, for the purpose of improving and extending the City's Electric Light and Power System; to wit: residential street lighting and major street lighting, generating facilities and other miscellaneous capital improvements, including financing costs and the funding of special funds maintained therefor; said bonds to be issued in accordance with law and secured by a pledge of the net revenues from the 9 CITY OF AUSTIN, TEXΑΣ operation of the City's Electric Light and Power System and Waterwork and Sewer System, each bond to be conditioned that the holder thereof shall never have the right to demand payment of said obligation out of the funds raised or be raised by taxation?" PROPOSITION NUMBER 4 "SHALL the City Council of the City of Austin, Texas, be authorized to issue utility system revenue supported bonds of said City to the amount of SIXTY FIVE MILLION, SEVEN HUNDRED TWENTY SEVEN THOUSAND, TWO HUNDRED DOLLARS ($65,727,200), maturing in such installments as may be fixed by the City Council, the maximum maturity being not more than FORTY (40) years from their date, to be issued and sold at any price or prices and to bear interest at any rate or rates (fixed, floating or variable) as shall be determined within the discretion of the City Council at the time of issuance, for the purpose of providing improvements and facilities to conserve the energy-producing resources of the City, including conservation improvements and facilities to be owned or operated by persons other than the City, including financing costs and the funding of special funds maintained therefor; said bonds to be issued in accordance with law and secured by a pledge of the net revenues from the operation of the City's Electric Light and Power System and Waterworks and Sewer System, each bond to be conditioned that the holder thereof shall never have the right to demand payment of said obligation out of the funds raised or to be raised by taxation?" PROPOSITION NO. 5 "SHALL the City Council of the City of Austin, Texas, be authorized to issue utility system revenue supported bonds of said City to the amount of THIRTY SEVEN MILLION, NINE HUNDRED FIFTY THOUSAND DOLLARS ($37,950,000), maturing in such installments as may be fixed by the City Council, the maximum maturity being not more than FORTY (40) years from their date, to be issued and sold at any price or prices and to bear interest at any rate or rates (fixed, floating or variable) as shall be determined within the discretion of the City Council at the time of issuance, for the purpose of improving and extending the City's Waterworks System in the Northeast area of the City, including: Northeast Austin Transmission Main, Decker Lake Transmission Main, Pflugerville Transmission Main, Northtown Reservoir, Northtown Transmission Main, Howard Lane to Northtown, Transmission Main, and Northeast Austin Pump i 10 _ CITY OF AUSTIN. TEXAS Station, including financing costs and the funding of special funds maintained therefor; said bonds to be issued in accordance with law and secured by a pledge of the net revenues from the operation of the City's Electric Light and Power System and Waterworks and Sewer System, each bond to be conditioned that the holder thereof shall never have the right to demand payment of said obl obligation out of the funds raised or to be raised by taxation?" PROPOSITION NUMBER 6 "SHALL the City Council of the City of Austin, Texas, be authorized to issue utility system revenue supported bonds of said City to the amount of FORTY TWO MILLION, NINETY THOUSAND DOLLARS ($42,090,000), maturing in such installments as may be fixed by the City Council, the maximum maturity being not more than FORTY (40) years from their date, to be issued and sold at any price or prices and to bear interest at any rate or rates (fixed, floating or variable) as shall be determined within the discretion of the City Council at the time of issuance, for the purpose of improving and extending the City's Waterworks System in the South and Southeast area of the City, including East Ben White Transmission Main, Highway 183 South Transmission Main, Slaughter Lane Transmission Main, Burleson Road Transmission Main, Elroy Reservoir Transmission Main, Moore's Crossing Transmission Main and Reservoir, and Davis Lane/Manchaca Road Transmission Main, including financing costs and the funding of special funds maintained therefor; said bonds to be issued in accordance with law and secured by a pledge of the net revenues from the operation of the City's Electric Light and Power System and Waterworks and Sewer System, each bond to be conditioned that the holder thereof shall never have the right to demand payment of said obligation out of the funds raised to be raised by taxation?" or PROPOSITION NUMBER 7 "SHALL the City Council of the City of Austin, Texas, be authorized to issue utility system revenue supported bonds of said City to the amount of NINE MILLION, SEVEN HUNDRED SEVENTY FIVE THOUSAND DOLLARS ($9,775,000), maturing in such installments as may be fixed by the City Council, the maximum maturity being not more than FORTY (40) years from their date, to be issued and sold at any price or prices and to bear interest at any rate or rates (fixed, floating or variable) as shall be ) U 11 CITY OF AUSTIN, TEXAS determined within the discretion of the City Council at the time of issuance, for the purpose of improving and extending the City's Waterworks System; to wit: general utility relocations, service to annexed areas and Boggy Creek Drainage Project Waterworks utility relocations, including financing costs and the funding of special funds maintained therefor; said bonds to be issued in accordance with law and secured by a pledge of the net revenues from the operation of the City's Electric Light and Power System and Waterworks and Sewer System, each bond to be conditioned that the holder thereof shall never have the right to demand payment of said obligation out of the funds raised or to be raised by taxation?" PROPOSITION NUMBER 8 "SHALL the City Council of the City of Austin, Texas, be authorized to issue utility system revenue supported bonds of said City to the amount of FORTY SEVEN MILLION, THIRTY FIVE THOUSAND DOLLARS ($47,035,000), maturing in Buch installments as may be fixed by the City Council, the maximum maturity being not more than FORTY (40) years from their date, to be issued and sold at any price or prices and to bear interest at any rate or rates (fixed, floating or variable) as shall be determined within the discretion of the City Council at the time of issuance, for the purpose of improving and extending the City's Sewer System in the Northeast area of the City, including the Harris Branch Interceptor, and the Gilleland Creek Interceptor and Sub-Regional Wastewater Treatment Plant, said bonds to be issued in accordance with law and secured by a pledge of the net revenues from the operation of the City's Electric Light and Power System and Waterworks and Sewer System, each bond to be conditioned that the holder thereof shall never have the right to demand payment of said obligation out of the funds raised or to be raised by taxation?" PROPOSITION NUMBER 9 "SHALL the City Council of the City of Austin, Texas, be authorized to issue utility system révenue supported bonds of said City to the amount of NINE MILLION, TWO HUNDRED THOUSAND DOLLARS ($9,200,000), maturing in such installments as may be fixed by the City Council, the maximum maturity being not more than FORTY (40) years from their date, to be issued and sold at any price or prices and to bear interest at any rate or rates (fixed, floating or variable) as shall be determined within the discretion of the City 12 CITY OF AUSTIN, TEXAS Council at the time of issuance, for the purpose of improving and extending the City's Sewer System in the Southeast area of the City, including facilities for the provision of wastewater service in the Dry Creek Drainage Basin, including financing costs and the funding of special funds maintained therefor; said bonds to be issued in accordance with law and secured by a pledge of the net revenues from the operation of the City's Electric Light and Power System and Waterworks and Sewer System, each bond to be conditioned that the holder thereof shall never have the right to demand payment of said obligation out of the funds raised or to be raised by taxation?" PROPOSITION NUMBER 10 "SHALL the City Council of the City of Austin, Texas, be authorized to issue utility system revenue supported bonds of said City to the amount of TWENTY FOUR MILLION, SEVEN HUNDRED TWENTY FIVE THOUSAND DOLLARS ($24,725,000), maturing in such installments as may be fixed by the City Council, the maximum maturity being not more than FORTY (40) years from their date, to be issued and sold at any price or prices and to bear interest at any rate or rates (fixed, floating or variable) as shall be determined within the discretion of the City Council at the time of issuance, for the purpose of improving and extending the City's Sewer System; to wit: City-wide improvements, including general utility relocations, service to annexed areas, and Boggy Creek Drainage Project Wastewater utility relocations; said bonds to be issued in accordance with law and secured by a pledge of the net revenues from the operation of the City's Electric Light and Power System and Waterworks and Sewer System, each bond to be conditioned that the holder thereof shall never have the right to demand payment of said obligation out of the funds raised or to be raised by taxation?" PROPOSITION NUMBER 11 "SHALL the City Council of the City of Austin, Texas, be authorized to issue utility system revenue supported bonds of said City to the amount of FORTY SIX MILLION DOLLARS ($46,000,000), maturing in such installments as may be fixed by the City Council, the maximum maturity being not more than FORTY (40) years from their date, to be issued and sold at any price or prices and to bear interest at any rate or rates (fixed, floating or variable) as shall be determined within the discretion of the City Council at the time of 13 - CITY OF AUSTIN, TEXAS ( issuance, for the purpose of improving and expanding the City's Sewer System; to wit: the Walnut Creek Wastewater Treatment Plant; said bonds to be issued in accordance with law and secured by a pledge of the net revenues from the operation of the City's Electric Light and Power System and Waterworks and Sewer System, each bond to be conditioned that the holder thereof shall never have the right to demand payment of said obligation out of the funds raised or to be raised by taxation?" PROPOSITION NUMBER 12 "SHALL the City Council of the City of Austin, Texas, be authorized to issue utility system revenue supported bonds of said City to the amount of THIRTY FOUR MILLION, FIVE HUNDRED THOUSAND DOLLARS ($34,500,000), maturing in such installments as may be fixed by the City Council, the maximum maturity being not more than FORTY (40) years from their date, to be issued and sold at any price or prices and to bear interest at any rate or rates (fixed, floating or variable) as shall be determined within the discretion of the City Council at the time of issuance, for the purpose of improving and expanding the City's Sewer System; to wit: acquisition of land, facilities, or equipment, or all of same, and/or construction or acquisition of facilities, to improve the quality of wastewater discharges from the City's Sewer System into the Colorado River, said bonds to be issued in accordance with law and secured by a pledge of the net revenues from the operation of the City's Electric Light and Power System and Waterworks and Sewer System, each bond to be conditioned that the holder thereof shall never have the right to demand payment of said obligation out of the funds raised or to be raised by taxation?" PROPOSITION NUMBER 13 "SHALL the City Council of the City of Austin, Texas, be authorized to issue utility system revenue supported bonds of said City to the amount of ONE MILLION, EIGHT HUNDRED FORTY THOUSAND DOLLARS ($1,840,000), maturing in such installments as may be fixed by the City Council, the, maximum maturity being not more than FORTY (40) years from their date, to be issued and sold at any price or prices and to bear interest at any rate or rates (fixed, floating or variable) as shall be determined within the discretion of the City Council at the time of issuance, for the purpose of improving and extending the City's Sewer System in the South area of the City, including the Bear : 14 _ CITY OF AUSTIN. TEXAS: Creek Interceptor, including financing costs and the funding of special funds maintained therefor; said bonds to be issued in accordance with law and secured by a pledge of the net revenues from the operation of the City's Electric Light and Power System and Waterworks and Sewer System, each bond to be conditioned that the holder thereof shall never have the right to demand payment of said obligation out of the funds raised or to be raised by taxation?" PROPOSITION NUMBER 14 "SHALL the City Council of the City of Austin, Texas, be authorized to issue tax supported general obligation bonds of said City to the amount of TWO MILLION, TWO HUNDRED TWENTY FIVE THOUSAND DOLLARS ($2,225,000), for purpose of providing funds for permanent public improvements and public purposes; to wit: a Senior Activity Center in East Austin, including acquisition of a site therefor, if necessary; said bonds to mature over a period of years not to exceed FORTY (40) years from their date, to be issued and sold at any price or prices and to bear interest at any rate or rates (fixed, floating or variable) as shall be determined within the discretion of the City Council at the time of issuance; and to provide for the payment of the principal of, and the interest on, said bonds by levying a tax sufficient to pay the annual interest and to create a sinking fund sufficient to redeem said bonds as they become due?" PROPOSITION NUMBER 15 "SHALL the City Council of the City of Austin, Texas, be authorized to issue tax supported general obligation bonds of said City to the amount of TWO MILLION, ONE HUNDRED THOUSAND DOLLARS ($2,100,000), for the purpose of providing funds for permanent public improvements and public purposes; to wit: purchasing land in Far South Austin for municipal parks; said bonds to mature over a period of years not to exceed FORTY (40) years from their date, to be issued and sold at any price or prices and to bear interest at any rate or rates (fixed, floating or variable) as shall be determined within the discretion of the City Council at the time of issuance; and to provide for the payment of the principal of, and the interest on, said bonds by levying a sufficient to pay the annual interest and to create a sinking fund sufficient to redeem said bonds as they become due?" tax 15 =CITY OF AUSTIN, TEXAS: PROPOSITION NUMBER 16 "SHALL the City Council of the City of Austin, Texas, be authorized to issue tax supported general obligation bonds of said City to the amount of TWO HUNDRED NINETY THOUSAND DOLLARS ($290,000), for the purpose of providing funds for permanent public improvements and public purposes; to wit: developing public parkland in the Oak Hill area; said bonds to mature over a period of years not to exceed FORTY (40) years from their date, to be issued and sold at any price or prices and to bear interest at any rate or rates (fixed, floating variable) as shall be determined within the discretion of the City Council at the time of issuance; and to provide for the payment of the principal of, and the interest on, said bonds by levying a tax sufficient to pay the annual interest and to create a sinking fund sufficient to redeem said bonds as they become due?" or Propositions 1 through 3, above, being for improvements and extensions to the City's Electric Light and Power System, the Council shall have the authority to expend "excess funds," if any, from one or more of such propositions for any one or more of the other propositions submitted for Electric L and Power System improvements Light Council shall have the authority to expend "excess funds," from (1) Propositions 5 through 7 for one or more of such propositions submitted for Waterworks System improvements and extensions, (ii) Propositions 8 through 13 for one or more of such propositions submitted for Sewer System extensions and improvements and (iii) Propositions 14 through 16 for one or more of such propositions submitted for a senior activity center, and for the acquisition or improvement, or both, of land for park purposes. The term "excess funds" shall mean any funds remaining with respect to a proposition after all identifiable purposes designated within the proposition have been completed, or all contracts required to accomplish such purposes have been let and allocations for the payment of all such contracts made. Furthermore, with respect to the propositions identified above for the issuance of revenue bonds, the purposes identified therein shall include the right to use the proceeds of the bonds for the funding of interest during construction of such projects or facilities, the funding of special funds required to be maintained for such revenue bonds and for paying the costs and expenses of the issuance of the bonds, all in accordance with the provisions of Article 717k-6, V.A.T.C.S. PART 2. The election precincts and polling places for this election, together with the persons hereby appointed to serve as Presiding Judge and Alternate Presiding Judge for each of said polling places, shall be and are hereby 16 _ CITY OF AUSTIN, TEXAS. Y Q established and designated in EXHIBIT "A" attached hereto, which is incorporated herein by reference and made a part of this Ordinance for all purposes. On election day the polling places shall be open from 7:00 A.M. to 7:00P.M. Each Presiding Judge shall appoint not less than two (2) nor more than five (5) clerks to serve and assist in holding said election; provided, that if the Presiding Judge of a polling place serves, the Alternate Presiding Judge of such polling place shall be one of the clerks. Absentee Voting shall be conducted between 7:45 a.m. and 4:45 p.m., Monday through Friday, from November 25, 1985 through December 10, 1985, and also between 2:00p.m. and 6:00 p.m. on the 7th day of December, 1985, at the office of the City Clerk in the City Hall, 124 West 8th Street, in accordance with the provisions of V.A.T.S. Election Code, Chapter 5, and a Special Canvassing Board shall canvass the absentee ballots cast in this election. The persons hereby appointed to the Special Canvassing Board are shown in EXHIBIT "A" attached hereto and incorporated herein by reference as a part of this Ordinance for all purposes. PART 3. An electronic voting system as the term is defined in Article 7.15, V.A.T.S. Election Code, shall be utilized in connection with said election. Said system shall be utilized for all absentee voting as well as for all precinct voting conducted on election day. Ample voting equipment shall be provided for absentee voting and in each of the various precincts on election day. The central building station is established as the City of Austin Central Data Center located on the 2nd floor of the Municipal Building. Jeff Gunter is hereby appointed Presiding Judge of the Central Counting Station and the Manager and Presiding Judge shall appoint clerks to serve at the Central Counting Station as provided in V.A.T.S. Election Code, Chapter 7. PART 4. Ballot cards and ballot labels shall be prepared in accordance with the applicable provisions of V.A.T.S. Election Code so as to permit electors to vote "FOR" "AGAINST" the aforesaid propositions which shall appear on the official ballot in substantially the following form: PROPOSITION NUMBER 1 "THE ISSUANCE of $175,130,000 UTILITY SYSTEM REVENUE SUPPORTED BONDS FOR ELECTRIC LIGHT AND POWER SYSTEM RELIABILITY IMPROVEMENTS AND TRANSMISSION FACILITIES" PROPOSITION NUMBER 2 "THE ISSUANCE OF $76,055,000 UTILITY SYSTEM REVENUE SUPPORTED BONDS FOR ELECTRIC LIGHT AND or 17 CITY OF AUSTIN, TEXAS POWER SYSTEM IMPROVEMENTS" DISTRIBUTION FACILITIES AND PROPOSITION NUMBER 3 "THE ISSUANCE OF $25,891,000 UTILITY SYSTEM REVENUE SUPPORTED BONDS FOR ELECTRICAL LIGHT AND POWER SYSTEM GENERATION FACILITIES AND OTHER MISCELLANEOUS CAPITAL IMPROVEMENTS" PROPOSITION NUMBER 4 "THE ISSUANCE OF $65,727,200 UTILITY SYSTEM REVENUE SUPPORTED BONDS FOR ENERGY CONSERVATION IMPROVEMENTS AND FACILITIES" PROPOSITION NUMBER 5 "THE ISSUANCE OF $37,950,000 UTILITY SYSTEM REVENUE SUPPORTED BONDS FOR IMPROVEMENTS TO THE WATERWORKS SYSTEM IN THE NORTHEAST AREA OF THE CITY" PROPOSITION NUMBER 6 "THE ISSUANCE OF $42,090,000 UTILITY SYSTEM REVENUE SUPPORTED BONDS FOR IMPROVEMENTS TO THE WATERWORKS SYSTEM IN THE SOUTH AND SOUTHEAST AREAS OF THE CITY" PROPOSITION NUMBER 7 "THE ISSUANCÉ OF $9,775,000 UTILITY SYSTEM REVENUE SUPPORTED BONDS FOR CITY-WIDE IMPROVEMENTS TO AND EXTENSIONS OF THE CITY'S WATERWORKS SYSTEM" PROPOSITION NUMBER 8 TO THE "THE ISSUANCE OF $47,035,000 UTILITY SYSTEM REVENUE SUPPORTED BONDS FOR IMPROVEMENTS CITY'S SEWER SYSTEM IN THE NORTHEAST AREA OF THE CITY" PROPOSITION NUMBER 9 "THE ISSUANCE OF $9,200,000 UTILITY SYSTEM REVENUE SUPPORTED BONDS FOR IMPROVEMENTS TO THE CITY'S SEWER SYSTEM IN THE SOUTHEAST AREA OF THE CITY" PROPOSITION NUMBER 10 "THE ISSUANCE OF $24,725,000 UTILITY SYSTEM REVENUE SUPPORTED BONDS FOR CITY-WIDE IMPROVEMENTS TO AND EXTENSIONS OF THE CITY'S SEWER SYSTEM" J 2 18 CITY OF AUSTIN, TEXAS: PROPOSITION NUMBER 11 "THE ISSUANCE OF $46,000,000 UTILITY SYSTEM REVENUE SUPPORTED BONDS FOR IMPROVEMENTS TO THE CITY'S SEWER SYSTEM, THE WALNUT CREEK WASTEWATER TREATMENT PLANT" PROPOSITION NUMBER 12 "THE ISSUANCE OF $34,500,000 UTILITY SYSTEM REVENUE SUPPORTED BONDS TO IMPROVE THE QUALITY OF THE DISCHARGE FROM THE CITY'S SEWER SYSTEM INTO THE COLORADO RIVER" PROPOSITION NUMBER 13 "THE ISSUANCE OF $1,840,00 UTILITY SYSTEM REVENUE SUPPORTED BONDS FOR IMPROVEMENTS TO THE CITY'S SEWER SYSTEM, THE BEAR CREEK INTERCEPTOR" PROPOSITION NUMBER 14 "THE ISSUANCE OF $2,225,000 TAX SUPPORTED GENERAL OBLIGATION BONDS FOR A SENIOR ACTIVITY CENTER" PROPOSITION NUMBER 15 "THE ISSUANCE OF $2,100,000 TAX SUPPORTED GENERAL OBLIGATION BONDS FOR ACQUISITION OF MUNICIPAL PARKLAND" PROPOSITION NUMBER 16 "THE ISSUANCE OF $290,000 TAX SUPPORTED GENERAL OBLIGATION BONDS FOR DEVELOPMENT OF PUBLIC PARKLAND" PART 5. All resident qualified electors of the City shall be permitted to vote at said election. Such electors shall vote in the City election precinct in which they reside at the designated polling place. This election shall be held and conducted in accordance with the V.A.T.S. Election Code, except as modified by the provisions of Chapter 1 of Title 22, V.A.T.C.S., and as may be required by law, all election materials and proceedings shall be printed in both English and Spanish. PART 6. That a substantial copy of this ordinance shall serve as proper notice of said election. Said notice, including a Spanish translation thereof, shall be posted at three (3) public places in the City of Austin and at the City Hall not less than fourteen (14) full days prior to the date on which said election is to be held, and be published on the same day in each of two successive weeks in a newspaper of general circulation in said City, published therein, the first of said पे 19 CITY OF AUSTIN, TEXAS publications to be made not less than fourteen (14) full days prior to the date set for said election. ? PART 7. That inasmuch as the public importance of this measure and the fact that it is to the interest of the City and its inhabitants to provide funds for the improvements herein contemplated at the earliest possible date for the immediate preservation of the public peace, health and safety of the citizens of the City of Austin, Texas, constitute an emergency and an imperative public necessity that this Ordinance take effect and be in full force immediately upon its passage, all ordinance and Charter rules governing the passage of any ordinance on three separate days are hereby suspended and this Ordinance shall take effect and be in force and effect from and after its final passage as provided by the City Charter, and it is so ordained. PASSED AND APPROVED 1985 APPROVED: Paul C. Isham City Attorney ATTEST: Frank C. Cooksey Mayor James E. Aldridge City Clerk Council Memo PUBLIC HEARING - 20 10/31/85 AMENDMENT TO THE NORTHWEST AREA LAND USE GUIDANCE PLAN opened the public hearing set for 4:30 p.m. Mayor Cooksey on an amendment to the Northwest Area Land Use Guidance Plan to change plan map from residential to non-residential on tract in Northwest Travis County MUD No. 1. (NW-85-2) Henry Gilmore, representing Johnny Fields discussed the office building they plan to have. He asked for 20 FAR. Tom Prescott representing the neighborhood discussed the zoning. Karen Walsh said .20 is appropriate. Motion The Council, on Councilmember Shipman's motion, Councilmember Rose's second, closed the public hearing and approved the amendment to the Northwest Area Land Use Guidance Plan to change plan map from residential to non-residential on tract in Northwest Travis County MUD No. 1. (NW-85-2) (5-0 Vote, Councilmember Humphrey and Urdy out of the room.) OPERATING BUDGET AMENDMENT The Council, on Mayor Pro Tem Trevino's motion, Councilmember Shipman's second, passed through second and third readings of an ordinance amending the FY 1985-1986 Operating Budget by: Appropriating $95.878.00 to the Legal Department to provide the City's share of funding for the consultant study for Metropolitan Government Commission. (6-0 Vote, Councilmember Humphrey was out of the room.) EXECUTIVE SESSION Mayor Cooksey announced Council would recess for an 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 b. Lease of Real Property - - Section 2, Paragraph g. Municipal Office Complex - Section 2, Paragraph f. c. Pending Litigation, including but not limited to the following items - Section 2, Paragraph e. (1) Houston Lighting and Power Company et al vs. Brown and Root et al Matagorda County, and City of Austin vs. Houston Lighting and Power Company in Travis County - Section 2, Paragraph e. (2) United South Austin vs. City of Austin - Section 2, Paragraph e. Council Memo RECESS 21 10/31/85 Council recessed its meeting at 7:20 p.m. and resumed its recessed meeting at 9:10 p.m. BOARD & COMMISSION APPOINTMENTS The Council, on Councilmember Carl-Mitchell's motion, Councilmember Shipman's second, approved the following board and commission appointments: (7-0 Vote) Affirmative Action Plan: Ralph Pacheco & Dr. Sandra Pacheco Community Dev. Comm: Rev. William McDonald Plumbing Advisory Board: Frank Young Building Code Board Code of Appeals: Michael Holeman, David Hamill Neighborhood Revitalization Comm: Claudia Allen, Adam Cantu, Gilbert Randall Economic Dev. Comm: John Houghton, Stanley Walker, Pam Autrey, Rosa Rios-Valdez, Christina Lewis, Rebecca Heflin, Norman Glickman, Kennie Sneed, Pike Powers, Ed Hanslik, Frank Rodriguez Hospital Board: Betty Himmelblau, Shirley Walden, Jan Friese, Toni Neal, Dr. Roosevelt Taylor MH/MR Public Responsibility Committee: Dee Kifowit Renaissance Market Comm: Morna Seiders, Virginia Pickens MH/MR Board of Trustees - Charlotte London Natalie De Blois, Laraine Benedikt, Glenna Balch Board of Adjustment - Commission for Women - Billie Passmore, Dr. Jo Benoit, Thelma Galyean, Jocelyn Gray Timothy Fielding Construction Advisory Committee Solicitation Board - - Carol Bellomy Arts Commission: Maurice Coats, Gladys Weintraub, Paul Foreman, Paul Leche, Cynthia Alexander, Melvin Wade Airport Commission: Jeremiah Jarvis, Kathy Patman, Hugh Higgins, David Helfert, John Joseph, Glen Johnson, Ken Medders Capital Metro Board: C.T. Granger, Jackie Bloch, Mike Guerrero, Leroy Beck, Judy Walker Capital Area Planning Council: Capt. John Vasquez, Chief George Phifer, Major Ray Sanders. Capt. Freddie Maxwell, Sgt. Jerry Spain, Capt. Con Kiersey Urban Transportation: Edwin Molina CONSENT RESOLUTIONS The Council, on Councilmember Humphrey's motion, Councilmember Shipman's second, adopted the following resolutions in one consent motion: (7-0 Vote) Council Memo Eminent Domain Proceedings 22 10/31/85 Authorized eminent domain proceedings to acquire the following tracts of land for: a. b. A Drainage and Public Utility Easement for the Shoal Creek Drainage Improvement Project/Greenlawn Parkway to Foster Lane: (1) 0.02 acre of land out of Lot 42, Block F, Allandale Park, Section 6. (Owner: Mildred F. Talley) Dittmar Road Street and Drainage Improvements Project: (1) Fee simple title to 995 square feet of land out of Lot 15, Block L, Meadowcreek, Section 2, Ph. 1 for street improvements. (David Davila et ux Rachel Davila, owners) (2) Easement title to 584 square feet of land out of Lot 15, Block L, Meadowcreek, Section 2, Ph. 1 for a slope easement. (David Davila et ux Rachel Davila, owners) : Release of Easement a. Authorized release of the following easement: Release of a portion of the 7.5' public utility easement along the Northwest property line of Lot A, Salter Addition, 1717 E. Anderson Lane. (Request submitted by Ron D. Beard & Associates) Sublease Approved sublease with Julian H. Zimmerman and John K. Condon for the construction inspection division of the Public Works Department the Courtyard Office Building, 5910 Courtyard Drive. Change Order Approved the following change order: In the amount of $364,302.00 to Peabody Southwest, Inc. for improvements at the Govalle Wastewater Treatment Plant. (1.89% increase in the original contract) C.I.P. No. 73-23/83. Contracts Approved Approved the following contracts; : Council Memo a. 23 J. R. "JACK" FLANAGAN CONSTRUCTION COMPANY 6011 South General Bruce Drive Temple, Texas b. DON E. PHILLIPS, INC. 8000 Blue Goose Road Manor, Texas - - 10/31/85 CAPITAL IMPROVEMENTS PROGRAM - Installation of Underground Electric Distribution Facilities for Treemont Phase B Section 1, Electric Utility Department Total $51,783.00 C.1.P. No. 86/15-01 CAPITAL IMPROVEMENTS PROGRAM - Installation of Underground Electric Distribution Facilities for Westview on Lake Austin, Phase A, Electric Utility Department Total $52,105.98 C.I.P. No. 86/15-01 c. DON E. PHILLIPS, INC. 8000 Blue Goose Road Manor, Texas d. ROBERT JENTSCH CONSTRUCTION, INC. 5109 Manchaca Road Austin, Texas - CAPITAL IMPROVEMENTS PROGRAM - Installation of Underground Electric Distribution Facilities for Westminster Glen Phase I, Electric Utility Department. Total $79,978.00 C.I.P. No. 86/15-01 CAPITAL IMPROVEMENTS PROGRAM - Sitework, Foundations, Manholes Prefab Metal Building, Fencing and Underground Ductline for Northland Substation Auto- transformer Electric Utility Department Total $169,376.00 C.I.P. No. 83/16-05 e. HENKELS & MCCOY, INC. 2322 Brandt Road Austin, Texas CAPITAL IMPROVEMENTS PROGRAM - Construction of Overhead Electric Distribution Facilities at D-K Ranch Road, Electric Utility Department Total $58,943.22 C.I.P. No. f. Bid award: - 86/14-02 Rental of Photocopiers, Communications Department Twenty-four (24) month supply agreement Total $1,632,504.45 85-S572-KM Council Memo 8. 24 10/31/85: (1) AM INTERNATIONAL 7801 N. Lamar Blvd. Suite F-16 Austin, Texas (2) EASTMAN KODAK COMPANY 9020 Capital of Texas Hwy. Suite 270 Austin, Texas (3) TEXAS COPY AUSTIN, INC. 5555 N. Lamar Blvd. Suite K123 Austin, Texas (4) UNI-COPY CORPORATION 1011 West Anderson Lane Austin, Texas (5) XEROX CORPORATION 7718 Wood Hollow Drive Suite 200 Austin, Texas IEM CORPORATION 505 Corporation Austin, Texas - Item 7A- $63,628.80 Items 4, 4A, 5, 5A, 6, 6A $663,140.94 - Items 3A, 3B, 3C $177,958.00 Items 1, 1A, 2, 2A, 3- $340,185.60 Items 7, 8, 8A $387,591.11 - Plasma-panel Large Capacity Display Stations, ns. Communications Department Total $51,720.00 85-5791-KM Contract With Community Welfare Authorized a contract with the Community Welfare Association for the renovation of the Howson Community Center in an amount not to exceed $100,000.00. Haehnel Grocery Approved a historical revolving fund loan for the Haehnel Grocery, 1101 East 11th Street, to Benno Haehnel. Operating Agreement Amended the South Texas Interconnected Systems Operating Agreement. Rail Contracts Extended rail contracts with Burlington Northern/Missouri-KansasTexas Railroads and Chicago Northwestern/Union Pacific/Missouri-Kansas- Texas Railroads for transportation of coal to the Fayette Power Project. Council Memo Postponement 25 10/31/85 Postponed until November 7, 1985 was consent to the execution by Williamson County MUD No. 2 of an agreement. Community Facilities Approved a community facilities contract for Water and Wastewater Facilities in Spicewood Springs Road. AIDC Approved allocating a portion of the State Private Activity Bond ceiling from City of Austin to the Austin Industrial Development Corporation. CONTRACT The Council, on Councilmember Shipman's motion, Mayor Pro Tem Trevino's second, adopted a resolution approving the following contract: (7-0 Vote) CBI NA-CON, INC. P. O. Box 41146 Houston, Texas - CAPITAL IMPROVEMENTS PROGRAM - Construction of the Northwest A Pressure Zone Reservoir (Martin Hill Reservoir), Water and Wastewater Utility Department Total $6,154,000.00 C.I.P. No. 76/22-27 POSTPONEMENT Postponed until November 21, 1985 is a resolution concurring with the State Department of Highways and Public Transportation in extension of Loop 1 from U.S. Highway 290 to State Highway 35. TOWN LAKE CORRIDOR STUDY The Council, on Councilmember Carl-Mitchell's motion, Councilmember Shipman's second, adopted a resolution accepting, adopting and implementing, in principle, the Town Lake Corridor Study and companion guide. (Task force shall continue for 30 additional days to complete work study regarding a waterfront overlay zone.) (7-0 Vote) ITEMS FROM COUNCIL Councilmember Rose's item concerning report on transient population from Mr. Dan Sulzer, will be discussed in a work session. No date set. Council Memo 26 : 10/31/85 Councilmember Shipman wanted a discussion concerning the Municipal Office Complex and since they did not do it, she asked that this be brought back each week until discussion has taken place. The Council, on Councilmember Carl-Mitchell's motion, Councilmember Shipman's second, adopted a resolution requesting the City Manager to consult with the State of Texas concerning the present and future status of the Texas School for the Deaf area. (7-0 Vote) The Council, on Councilmember Rose's motion, Mayor Pro Tem Trevino's second, adopted a resolution in support of Propositions 1 and 2 on the November 5, 1985 ballot, relating to the State's Water Program. ADJOURNMENT Council adjourned its meeting at 11:20 p.m.