Austin's Future: Smoking, Nukes, Water, & Growth
Here's a concise summary of the Austin City Council's December 19, 1985 agenda:
Settled Major Nuclear Plant Lawsuit:
Austin accepted a $120 million settlement from contractors involved in the South Texas Nuclear Project, a significant financial and legal resolution for the city.Advanced Key Public Health & Environmental Policies:
The council moved forward with an ordinance to restrict smoking in public places and mandated city-wide water conservation device retrofits, reflecting a focus on community health and resource management.Fueled City Expansion & Infrastructure:
Hundreds of millions in bond-funded projects for electricity, water, wastewater, and roads were approved. This, along with extensive land annexations and the creation of new municipal utility districts, laid the groundwork for rapid city growth.Planned Hospital Modernization:
The multi-million dollar Brackenridge 2000 Project, including a new Children's Hospital, received architect approvals to proceed with its expansion and modernization plans.
Full Transcript
目 : 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 FOUNDED 1839 Austin City Council MINUTES For DECEMBER 19, 1985 1:00 Ρ.Μ. 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 CarlMitchell. Councilmember Urdy was absent during the first part of the meeting, but entered the Council Chamber later. CITIZENS COMMUNICATIONS Mr. Frederick 0. Evans, who had requested to speak, did not appear. Rev. David L. Dukes asked if the Pledge of Allegiance can be said at the beginning of Council meetings. Mayor Cooksey told him they would investigate. Mr. Scott Sousares discussed limited purpose annexation for property near Lake Travis. He was asked to discuss this with Planning and Growth Management Department. Ms. Mary Jo A. Jirek discussed the Dog Ordinance. Mr. Gerald Hurley discussed funds for 1986 Special Olympic participants. CONSENT RESOLUTIONS The Council, on Councilmember Shipman's motion, Councilmember Rose's second, adopted the following resolutions in one consent motion: (5-0 Vote, Councilmembers Carl-Mitchell and Urdy absent.) Council Memo Lease for Fire Department : 2 12/19/85 Amended the lease with State Realty Company for the Austin Fire Department. Capital Improvements Approved the following change orders: a. In the amount of $973.30 to Shawnee Construction, Inc. b. Contractor for the Upper Shoal Creek Wastewater Interceptor Phase II-B Contract. (.1% increase of the original contract) CAPITAL IMPROVEMENTS No. 72/23-16 In the amount of $116,660.00 to Olmos Equipment Company for adjusting of the wastewater drainage system in the Northwest Park Redevelopment to allow for construction of flood control detention ponds. (2.46% increase of the original contract) CAPITAL IMPROVEMENTS PROGRAM No. 86/23-04 Option Contract Authorized and approved an Option Contract modifying the Original Option Contract approved March 21, 1985, increasing the purchase price for additional property easements required for the raw water intake structure for Water Treatment Plant No. 4. CAPITAL IMPROVEMENTS PROGRAM No. 85/22-27. Contracts Approved Approved the following contracts: FINWAY, INC. 3517 North Frazier Conroe, Texas - CAPITAL IMPROVEMENTS PROGRAM - Construction of Overhead Electric Distribution Facilities for McCall Lane from Burleson Road east to Hwy 183, Electric Utility Dept. Total $47,574.53 C.I.P. No. 86/14-02 ELECTRIC UTILITY CONSTRUCTION COMPANY - 5401 South Sheridan Unit 202 Tulsa, Oklahoma CAPITAL IMPROVEMENTS PROGRAM - Construction of Overhead Electric Distribution Facilities for Lamplight Village Reconductor, Electric Utility Department Total $34,400.20 C.I.P. NO.. 86/14-02 Council Memo 3 ELECTRIC UTILITY CONSTRUCTION COMPANY 5401 South Sheridan, Unit 202 Tulsa, Oklahoma JAMES P. MITCHELL CONSTRUCTION Inc., 4701 Westgate Blvd Austin, Texas P. A. STARK CONSTRUCTION CO., 16327 Flint Rock Road Austin, Texas - 12/19/85 - CAPITAL IMPROVEMENTS PROGRAM Construction of Overhead Electric Distribution Facilities for the High Road 3 Phase Reconductor, Electric Utility Department Total $41,818.10 C.I.P. No. 86/14-02 CAPITAL IMPROVEMENTS PROGRAM - Construction of Police Headquarters and Patrol Building Improvements, Public Works Department Total $913,000.00 C.I.P. No. 85/87-02 CAPITAL IMPROVEMENTS PROGRAM - Construction of Brodie Lane Paving and Drainage (from William Cannon Drive to Paisano Trail) including G. R. CRAWFORD CONSTRUCTION INC., 5402 Simsbrook Houston, Texas - R. C. RODRIGUEZ GENERAL CONTRACTORS (MBE). 2214 South First Street Austin, Texas VWR SCIENTIFIC, INC. 5717 Salmen Street Harahan, Louisiana CAPITOL ANESTHESIOLOGY ASSOCIATES 1005 West 38th Street Suite 300 Austin, Texas - - - 1 a 24" Water Approach Main, Public Works Department Total $2,214.513.79 C.I.P. Nos. 79/62-14, 86/22-04, & 86/23-04 CAPITAL IMPROVEMENTS PROGRAM - Davis Water Treatment Transmission Main Phase VIII, Water and Wastewater Utility Department Total $1,358.000.00 Č.I.P. No. 85/22-41 Construction Work at Brackenridge Hospital, Public Works Department Total $71,940.00 86-C043-JJ Kodak Photographic Supplies, Austin Police Department Twelve (12) Month Supply Agreement Item 1-81-$90,336.00 85-0409-GW Anesthesiology Physician Services, Health Department Twelve (12) Month Contract Total $400,000.00 86-S167-LI Council Memo 4 SOUTHERN SAFETY SALES P. 0. Box 4065 Austin, Texas Bid award: (1) AMFAC DRUG SUPPLY COMPANY 12732 O'Connor San Antonio, Texas (2) MCKESSON DRUG COMPANY P. O. Box 1308 Arlington, Texas Bid award: (1) LIEF JOHNSON FORD, INC. 501 Koenig Lane Austin, Texas (2) HENNA CHEVROLET, INC. 7522 North IH-35 Austin, Texas - - 12/19/85 - Nebulizers, Sterile Water, and Sodium Chloride, Brackenridge Hospital Twelve (12) Month Supply Agreement Total $31,024.56 BS6-018 Furnishing of Drugs, Brackenridge Hospital Twelve (12) Month Supply Agreement Total $2,091,600.00 - - $1,983,600.00 $108,000.00 Twenty-seven (27) additional, eighty-eight (88) replacement Patrol Sedans and four (4) additional Two-wheel Drive Carryall Vehicles, Vehicle and Equipment Services Department Total $1,323,519.13 86-0022-JB/CM Item 1 $1,274,773.85 - Item 2 $48,745.28 Council Memo Water Distribution System 5 12/19/85 Authorized an amendment to a contract with Metcalf and Eddy, Inc. for the Water Distribution System Computer Model Segment of the Water and Wastewater Master Plan ($50,000). Grant Authorized the City of Austin to accept a grant from the Texas Department of Community Affairs for $346,935 to operate the seven urban neighborhood centers during FY 1985-86. Regional Wastewater Treatment Services Approved appointment of City of Austin representatives to the Technical Committee for the Brushy Creek Water Control and Improvements District #231 Contract for Regional Wastewater Treatment Services. Items Postponed Postponed until January 16, 1986 revisions to the North Austin MUD Land Plan; & until 1/9/86 appointments to 78 member Comprehensive Steering Committee and chairman of same. Public Hearing Set a. Set a public hearing for January 16, 1985 at 5:00 p.m. to amend Section 13-2-1 of the Zoning Ordinance, amending the definition of "Restaurant" to conform to current regulations. b. Set a public hearing for January 9, 1986 at 6:00p.m. on Sixth Street Mercado UDAG project. Right-of-Way Acquisition Authorized acquisition of right-of-way for the "Govalle to Onion Creek Wastewater Treatment Plants Transfer Main" (a component of the Austin Wastewater Action Strategy). CAPITAL IMPROVEMENTS PROGRAM No. 73/12-83. Lease Approved a lease with Bear Creek Properties, Inc. for Financial Services (Office Services). Energy Entered into agreements with the Valley View Energy Corporation, Houston Lighting & Power Company, and Texas Utilities Electric Company to facilitate the wheeling of electricity from Valley View renewable energy generating facilities to the City of Austin. Council Memo Parkland 6 12/19/85 Accepted a gift of parkland consisting of 43.331 acres of land located at the northwest corner of the Montopolis Bridge and extending upstream toward Longhorn Dam, and 30.5 acres of land located between Walnut Creek and the Colorado River with borders on both Walnut Creek and the river. CONSENT ORDINANCES The Council, on Councilmember Humphrey's motion, Councilmember Shipman's second, waived the requirement for three readings and finally passed the following ordinances in one consent motion: (5-0 Vote, Councilmembers Carl-Mitchell and Urdy absent.) Capital Improvements Amended the FY 1985-86 Capital Improvements Program by: a. Appropriating $15,000,000.00 originally scheduled to be appropriated in FY 86-87 for the Onion Creek Water and Wastewater Treatment Plant Expansion, Phase III project. C.I.P. No. 85/23-16 Declared the necessity for and ordered improvements to Dittmar Road, Phase II, consisting of 1 unit covering approximately 2½ blocks. C.I.P. No. 79/62-38. Police Retirement Board Amended Ordinance No. 821118-F to allow a Police Officer member of the Police Retirement Board to serve out the remainder of the term at retirement. Rate for Wholesale Unmetered Customers Amended Ordinance No. 850925-G to provide a rate for wholesale unmetered customers within a water district or other incorporated town or city. City Review of MUD Bond Issuances Amended Chapter 9-13, Code of the City of Austin, 1985 to provide for city review of Municipal Utility District Bond Issuances. Disannexation Ordinance Approved second and third readings of an ordinance disannexing Council Memo the following: 7 12/19/85 a. Annexation Approximately 2.654 acres of land out of the James D. Goode Survey No. 30, Frank Brandon Tract. Must be passed prior to limited purpose annexation. C7a-85-001. Passed through second and third readings of ordinances annexing the following: Approximately 1,718 acres of land out of the Santiago Del Valle Grant, Platted and Unplatted land for full purposes. C7a-85-023 Approximately 642 acres of land out of the Jesse Williams Survey No. 62 and the Thomas Anderson League No. 17, Oak Hill United Methodist Church Addition and Unplatted land for full purposes. C7a-85-026. Approximately 1,256 acres of land out of the Thomas Anderson League No. 17, Platted and Unplatted land for full purposes. C7a-85-028 Approximately 2,413.27 acres of land out of the Santiago Del Valle Grant and the Garner Mayes Survey, Bergstrom Air Force Base for full purposes. C7a-85-030 Approximately 43 acres of land out of the Jas. Howlett Survey and the Henry Rhodes Survey, Platted land and a portion of Spicewood Springs Road for full purposes. C7a-85-031 Approximately 25.08 acres of land out the Jas. Trammel. Survey, Flournoy Acres, Section 4, Sunset Valley, Section 2, and a portion of Jones Road for full purposes. C7a-85-032 Approximately 2.34 acres of land out of the Henry P. Hill League No. No. 21, portion of Walsh Tarlton Lane for for full C7a-85-035 purposes. Approximately 199.42 acres of land out of the Henry P. Hill League No. 21 and the Alex Eanes Survey No. 500, portions of Old Walsh Tarlton Lane, Capital Parkway, Montebello Road and Wildnerness Drive, Treemont Phase A, Section 1, Treemont Phase A, Section 2 and Treemont Phase B, Section 2, and Unplatted land for full purposes. C7a-85-035 Approximately 97.37 acres of land out of the Elisha Allen Survey No. 2 in Williamson County, Texas, proposed Maconia Park for full purposes. C7a-85-009 こ Council Memo 8 12/19/85 Approximately 17.43 square miles of land out of the James Jett Survey No. 1, the W. B. Royal Survey No. 75, the R. L. Preece Survey No. 2, the John Jackson Survey No. 5, the James Cole Survey No. 542, the B. Payne Survey No. 288 and other surveys in Travis County, Texas, Platted and Unplatted land for limited purposes of planning and zoning. C7a-85-034 Approximately 47.93 acres of land out of the L. Fritz Survey No. 291, the John C. Brooks Survey No. 53 and the J. C. Harrelson Survey No. 78, portions of North Oaks and North Oaks Section 2 and Unplatted land for full purposes. C7a-85-024 Approximately 1,391 acres of land out of the A. Nepgin Survey No. 600, James Rynearson Survey No. 34, H. McClure Survey No. 94, A. Bowles Survey No. 93 and other surveys, upper Williamson Creek Area for full purposes. C7a-85-010 Approximately 682 acres of land out of the A. Nepgin Survey No. 600, James Rynearson Survey No. 34, H. McClure Survey No. 94, A. Bowles Survey No. 93 and other surveys, Upper Williamson Creek Area for limited purposes of planning and zoning. C7a-85-010 Approximately 2.654 acres of land out of the James D. Goode Survey No. 30, Frank Brandon Tract for limited purposes of planning and zoning. C7a-85-001 Zoning Ordinance Amended Chapter 13-2 and 13-2(A) of the Austin City Code (Zoning Ordinance) to cover the following changes: 8. C. M. DUCKETT By Miguel Guerrero C14r-85-204 1825 South I.H. 35 From "GR" to "CS" & "יס EMERGENCY PASSAGE OF ORDINANCE b. Heard and granted September 5, 1985, (7-0). Conditions have been met as follows: Development restricted to that shown on site plan attached as Exhibit "A" to the ordinance. ELISA & DAVID GARCIA By Caroline L. Johnson C14-85-160 6200-6208 Clovis Street From "SF-3" to "CS" Heard and granted August 1, 1985 (6-0). Mayor Pro-Tem John Trevino absent. No conditions to be met. Council Memo c. CITY OF AUSTIN By Office of Land Development Services C14-85-186 9 Proposed Parmer Lane 12/19/85 From present process of be being annexed to "SF-2", "SF-4", "SF-5" "NO" "GR", "CS", "LI", "R&D", "P"' Heard and granted July 18, 1985, (6-0). Councilmember Sally Shipman absent. No conditions to be met. d. CAPITOL AGGREGATES By Herman Thun, Jr. C14-84-378 9114 Old Jollyville Road "LR", From Interim "SF-3" to "LO" & "A" Heard and granted January 10, 1985, (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 incorporating conditions imposed by Council has been executed. Moratorium on Processing Wrecker Permits Established a moratorium on processing of wrecker permits for ninety days, providing for an extension of all current permits until March 31, 1986. Banner On Congress Avenue Suspended Ordinance No. 821021-C on January 11, 1986 in order to allow a banner to be placed across Congress Avenue at 7th Street. CAPITAL IMPROVEMENTS PROGRAM The Council, on Councilmember Rose's motion, Councilmember Humphrey's second, waived the requirement for three readings and finally passed an ordinance amending the 1985-86 Capital Improvements Program by appropriating funds approved in the December 14, 1985 Bond Election as follows: (5-0 Vote. Councilmembers Urdy and Carl-Mitchell absent.) Electric Water $180,637,000 78,100,000 Wastewater 142,000,000 Parks 4,615,000 Resource Management 13,633,800 WATER CONSERVATION The Council, on Mayor Pro Tem Trevino's motion, Councilmember Urdy's second, waived the requirement for three readings and finally passed an ordinance amending the Code of the City of Austin, 1981, by adding a new Chapter 4-4, Water Conservation, requiring water conservation device retrofit. (5-0 Vote, Councilmember Rose out of room, Councilmember CarlMitchell absent.) Council Memo ITEM POSTPONED 10 12/19/85 Postponed until January 9, 1986 is consideration of an ordinance amending Ordinance No. 850905-J (Interim Development Controls for Onion, Bear and Little Bear Watersheds) to provide for approval of exemptions from requirements imposed thereby. ANNEXATIONS The Council, on Councilmember Rose's motion, Mayor Pro Tem Trevino's second, passed through SECOND AND THIRD readings of an ordinance annexing the following: (6-0 Vote, Councilmember Carl-Mitchell absent.) Approximately 1,033 acres of land out of the J.A.G. Brooks Survey No. 79, Thos. H. Mays Survey No. 89, Thomas C. Collins Survey. 61, Menucan Hunt Survey No. 88, Samuel Cushing Survey No. 70 and other surveys, portions of Yager Lane, River Oaks Drive and Berrywood Drive, Platted and Unplatted land for full purposes. C7a-85-024. The Council, on Councilmember Rose's motion, Mayor Pro Tem Trevino's second, passed through SECOND READING ONLY of an ordinance annexing the following: (3rd reading January 9, 1986) (6-0 Vote, Councilmember Carl-Mitchell absent.) Approximately 8.98 square miles of land out of the L. Fritz Survey, Alex Dunlop Survey No. 594, A. E. Livingston Survey No. 455, M. P. Paschall Survey No. 40, P. M. Rozzell Survey No. 641 an other surveys, Platted and Unplatted land for limited purposes of planning and zoning. C7a-85-034 ----- The Council, on Councilmember Shipman's motion, Mayor Pro Tem Trevino's second, passed through SECOND READING ONLY of an ordinance annexing the following: (3rd reading January 16, 1986) (6-0 Vote, Councilmember Carl-Mitchell absent.) Approximately 1.74 square miles of land out of the James Rynearson Survey No. 34, M. Thomas Survey No. 509, Casper Dittmar Survey No. 611, A. Nepgin Survey No. 600 and other surveys, upper Williamson Creek area for limited purposes of of planning and zoning. C7a-85-010 Council Memo 11 12/19/85 ZONING ORDINANCE Urdy's The Council, on Mayor Pro Tem Trevino's motion, Councilmember 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: (5-1-0 Vote, Councilmember Shipman voted No, Councilmember Carl-Mitchell absent.) TOPLETZ DEVELOPMENT COMPANY Cl4r-84-237 10909 FM 2222 From "I-AA" 1st to "GR" 1st & "0-1" 1st EMERGENCY PASSAGE OF ORDINANCE CHILTON CORPORATION The Council, on Mayor Pro Tem Trevino's motion, Councilmember Rose's second, adopted a resolution extending the contract with Chilton Corporation for accounts receivable collection services for Brackenridge Hospital. (6-0 Vote, Councilmember Carl-Mitchell absent.) BRACKENRIDGE 2000 PROJECT The Brackenridge Hospital Report on Brackenridge 2000 was presented by Mrs. Betty Himmelblau who said this is something which should begin immediately. She said bids for construction of the children's hospital should be solicited immediately, that planning efforts to meet the needs of the expanding and modernization, the emergency surgical and critical care departments be initiated. "The Brackenridge 2000 Project was proposed to include approximately 204,000 square feet of construction and renovation at a total cost of $50,000,000. The first phase-in is already underway. The children's emergi-care area is completed and provides a separate environment to insulate the children in the intense situations in a traditional emergency room. The heliport is under construction and Starflight will soon be housed adjacent to the emergency department. A phase-in approach is recommended. The next priority should be the construction of the children's hospital. The pediatric program is the center of excellence and is important to the hospital's overall future success. It represents years of planning by many different groups of people and will meet the current needs of the region with adequate expansion capability for future needs. represents an opportunity for Brackenridge to maintain a dominant position in pediatric medicine and surgery throughout the central Texas area and will serve as a magnet for a wide range of specialty services that will give Austin's children the best and most modern health care. ... ...." This City Manager Carrasco introduced the City Manager report on Brackenridge 2000 Project. He said the funding issue must be carefully thought out in order to develop the financial portion of their plans to rejuvenate the hospital and provide the kind of support in order to be successful. Mr. Carrasco said a plan was outlined last summer and he Council Memo 12 12/19/85 would like a public hearing held on the issue of funding for the near poor. They project there needs to be a supplement of between $5.3 million and $6.4 million annually in order "for us to fund the care for not only the near poor, but to make sure we deal with the issue of people who do not qualify for medical assistance and that are currently being served by the hospital. ..........." Tom Young, Director of Brackenrige Hospital, discussed the children's hospital construction. He told Council that if action is not taken promptly then other hospitals in the area will do what Brackenridge is planning to do and that will divide pediatric care in the area. Presently, Mr. Young stated, Brackenridge leads in pediatrics. Mr. Young asked Council's approval to proceed with the children's hospital as currently designed. (See further comments by Mr. Carrasco made after the following vote was taken.) Architects Motion The Council, on Councilmember Humphrey's motion, Councilmember Urdy's second, adopted a resolution approving a Supplemental Amendment to an existing Professional Services Agreement between the City of Austin and JV5/BRACKENRIDGE 2000 Architects/Engineers for professional services associated with review and revision of contract documents preparatory to receipt of bids for the Children's Hospital portion of Brackenridge 2000 project. C.I.P. No. 84/84-01 ($185,000.00) (6-0 Vote, Councilmember Carl-Mitchell absent.) NEUROSURGEON PHYSICIAN SERVICES The Council, on Councilmember Humphrey's second, Mayor Pro Tem Trevino's second, adopted a resolution approving the following contract: (6-0 Vote, Councilmember Carl-Mitchell absent.) Neurosurgeon Physician Services Health Department Twelve (12) Month Contract Total $225,000.00 86-5195-LI (1) EDWIN M. BUSTER, M.D. 711 West 38th Street Austin, Texas (2) MARVIN CRESSMAN, M.D. 711 West 38th Street Austin, Texas (3) MICHAEL DORSEN, M.D. 711 West 38th Street Austin, Texas - - 60,000.00 $60,000.00 $60,000.00 Council Memo 13 (4) BYRON NEELY, M.D. $60,000.00 711 West 38th Street Austin, Texas (5) DONALD W. PATRICK, M.D. $60,000.00 311 West 38th Street Austin, Texas (6) Lee Berlad $15,000.00 12/19/85 COMMENTS BY CITY MANAGER CARRASCO RE BRACKENRIDGE 2000 City Manager Carrasco stated, "We want to make sure Council felt comfortable in directing us to begin the facilities development plan that would be required in order to expand and modernize the emergency department, the surgical suite and the critical care unit. The second item is the recommendation that the Council consider setting a public hearing on the funding plan with respect to the care for the near poor." Mayor Cooksey said, "Before we set the hearing on the funding plan for the near poor, I would like to get a recommendation from the Hospital Board on that. Regarding the other item I personally have no problem with proceeding. Does any member of the Council have any objection to that? (No one indicated objection.) That's included in the previously passed authority to finance that through bonds. Do we need to have a resolution authorizing that in any way or is that simply something you want Council input on?" Mr. Carrasco said he just wanted direction and "if Mayor and Council feels comfortable with that we will proceed accordingly." Mayor Cooksey said, "If you feel you need a resolution on it we will be glad to pass one at our next meeting." Mr. Carrasco stated, "That's fine, Mayor, that is sufficient." SETTLEMENT OF HOUSTON LIGHTING AND POWER, ET AL Council had before them a resolution to consider action on a proposed settlement of Houston Lighting and Power, et al vs. Brown and Root, et al. Mayor Cooksey said "We have a motion, I would like our City Attorney to advise us on the substance of the motion and the effect of it so we understand what we are voting on. (No motion stated at this point.) Mr. Paul Isham, City Attorney, stated, "Back in May of this year the defendents in the Matagorda County litigation, that's the litigation Houston Lighting and Power filed against Brown and Root and Halliburton in their own behalf as well as project manager on behalf of the four participants in the South Texas Project. Halliburton, Brown & Root made an offer of settlement to the four parties. That offer was to pay $750,000,000.00 quarterly, over a seven year period of time. The Council Memo 14 12/19/85 first payment commencing on October 1, 1985, or contingent upon the receipt of a final order from the Public Utility Commission approving the settlement as it pertains to two privately owned utilities, Houston Lighting and Power Company and Central Power and Light. However, there is a proviso in the settlement agreement that those utilities could waive the requirement of the Public Utility Commission to approve that settlement. In addition to the $750,000,000, Austin would receive $120 million of that $750 million which would be a portion in accordance with the interest in the project. Halliburton and Brown & Root will transfer to the utilities approximately $50-million dollars worth of equipment at the site at the South Texas Project. This is equipment which was in dispute as far as the ownership of the equipment. Brown & Root was taking position in the law suit that they owned that equipment and it should be returned to them. So that is an additional consideration that equipment will be conveyed to the four utilities. In addition each of the participants will release Halliburton and Brown & Root from all claims and liability regarding the South Texas Project and the litigation. In addition, Brown & Root and Halliburton will release to the four participating facilities any claim with regards to monies that may be owed to them as a result of their work on the project. In addition the Matagorda County litigation would be dismissed. As I am sure everyone knows after this settlement offer was conveyed, it was conveyed on the terms that any number of participants in the project owning 50% or more of the plant would accept the terms of the settlement. There was another proviso in the settlement offer that if 51% or more of the ownership interest accepted the settlement that any subsequent settlement with the remaining participants would be in such a manner that the settling participants would not be disadvantaged by such settlement. There was a favorite nation clause in the settlement offer that essentially said that if someone did not agree to the settlement, a later settlement, if it was better would accrue to the benefits of all, benefits of that settlement would accrue to all the settling parties. What it did was make it very difficult for Austin at that time being the only party that indicated it was not accepting the settlement in May to secure additional consideration for the settlement. We all know HL&P, Central Power and Light filed a petition with the Public Utility Commission asking that the Public Utility Commission approve this settlement as to those utilities. Ultimately that petition was dismissed by the Public Utility Commission. That occurred two to three weeks ago. Subsequent to that dismissal by the PUC the parties, investor owned utilities, HL&P and Central Power and Light have waived the provision that a final ordinance be received by the Public Utility Commission approving this settlement. They have indicated as San Antonio, all three other owners in the South Texas Project, formally approved the settlement offer. The matter is now before this City Council to determine whether it desires to accept its proportionate share of the settlement offer. As we have discussed in previous executive sessions your attornies, both outside law firms Fulbright-Jaworski and Miller-Canfield-Paddock & Stone as well as myself have recommended to you that under the circumstances that you accept this settlement offer." ㅏ Council Memo 15 12/19/85 Mayor Cooksey asked, "Does this settlement in any way preclude our continuation if necessary of the lawsuit against Houston Light and Power Company that we presently have filed in Travis County?" Mr. Isham said, "No, sir, it doesn't." Mayor Cooksey asked, "Does it in any way in your opinion or the other attorneys, undermine our lawsuit in that respect?" Mr. Isham said, "No, we do not believe it does." Mayor Cooksey said, "It is my understanding that after this action today you and Fulbright & Jaworski and Mr. Hyden of the Michigan firm will review the settlement documents and determine the adequacy of those documents to protect the interest of the City of Austin?" Mr. Isham said, "Yes, sir, in fact we have furnished copies of all settlement documents, not only the ones that the City of Austin will be asked to sign, but the ones signed by the other participating owners in advance and we find them in order. There is a closing scheduled for tomorrow in Houston that if Austin approves the settlement today it would be included in that closing. is not approved, I can't say if the closing will go forward or not, but the documents are in such a form that they are individual documents as to each owner as compared to a joint document." Mayor Cooksey said, "Then all of these documents have already been reviewed. In the original proposal there was a requirement that the PUC review and approve this settlement and may have since declined to review the settlement. Has that been taken out as a condition by Brown & Root and Halliburton at this point?" Mr. Isham said maybe John Baine of Fulbright & Jaworski can help, but I think that condition was placed in there at the insistance of Houston Lighting and Power and Central Power and Light and there is a waiver provision and whether that provision has been taken out of the revised document or whether the waiver has been executed, I do not know." Mr. Baine stated, "They had asked that it be handled by waiver so the parties other than Halliburton and Brown & Root and those other parties that were going to benefit by the provision are going to waive it." If it Councilmember Urdy asked about the legal fees which have already been incurred in the lawsuit. Mr. Isham said there is not a separate payment as part of the offer for attorney fees. Each party will bear its own attorney fees. Those fees are reimbursed through the $120-million dollar payment. Motion Councilmember Rose offered the following motion: "I will move that the City of Austin accept the settlement of the Houston Lighting and Power et al vs Brown & Root lawsuit and that we instruct either the Mayor or the Manager as his designee to sign at subsequent closing." Councilmember Humphrey seconded the motion. Councilmember Shipman said this proposal has been discussed for months in executive sessions. "The proposed settlement is for less than Austin's actual damages and for this reason my vote is no." Mayor Cooksey stated, "I think the vote we are taking today is an individual decision, however I do believe that in this case we should
Council Memo 16 12/19/85 follow the advice of our attorneys since they have been involved in this litigation for some 24 to 3 years now. They have been involved in deposition and analysis involving many, many hours of effort and consideration. They have done an excellent job in getting us to where we are today from the position where we started out in this matter....that is with Brown & Root and Halliburton refusing to take any responsibility whatsoever for any damages to the City of Austin and the other participants in the project. I think this settlement is one of the largest that I know of in the history of litigation unless Texaco decides to settle its case. I think we have done well in this matter and therefore I am willing to vote to approve it." Councilmember Rose stated, "There is a long and somewhat sordid history involving all of this and we do make individual decisions, but collectively, we represent the people of Austin and one of the things that we have to do in terms of that recommendation is be stewards of our citizens money. There is an unhappy fact situation that just never seems to go away with the South Texas Nuclear Project despite our desires and our personal preferences. That is that we are partners in that project and the fact situation here is that our partners have all agreed to settle. This is the settlement offer on the table and it is the largest settlement to date in the history of the United States. The probability of Austin going down alone to Matagorda County and trying this lawsuit and incurring all of those costs and coming up with something better than this is remote, extremely remote. I don't think it would be a wise decision for us to make on behalf of the citizens of Austin. I think what we need to do is settle this suit so we can continue to focus our energy, legal as well as mental as well as political on Houston Light and Power and try and find a way out of the South Texas Nuclear Project if possible. There has been a thought that has run through this discussion that there is a way, perhaps, that we could use the settlement suit, or the subsequent trial, the Brown and Root suit, as a way for Brown and Root to take us out of STNP. They have said time and time again that they do not have any interest in doing that. It is simply a question of settling a lawsuit or trying a lawsuit. The discussion we had with our partners, Houston Light & Power and some of the other people, that is a different discussion and a different fact situation. So we have before us the question of whether we think we can go to Matagorda County and try, on our own, a ten year lawsuit and come up with a better deal than the settlement that is before us. I don't think there is any possible way so I think this is an extremely wise decision the Council is making, if we decided to accept the settlement. It doesn't mean we like STNP, it doesn't mean we like or dislike nuclear power. It doesn't have anything to do with that. This is a wise decision and I concur with the Mayor when he said that we are best served to take the advice of our legal staff who would have to try that suit if we just sent them down to try to do that." Councilmember Urdy stated, "I said last spring when our partners in this agreed to settle that I thought the City of Austin should join them. Simply because the way the settlement is structured, Austin would Council Memo 17 12/19/85 have to recover from Halliburton and Brown & Root $100,000,000.00 in order to capture sixteen. It would cost us probably more that that to try the suit. So, it seems to me we would be losing a lot of time with diminishing returns when we should be focusing our attention in another direction and I am not one who likes STNP but I agree with the Mayor, we should settle the lawsuit and I think this is the best we will ever get out of this lawsuit." Mr. Harrison, Ms. Shultz and Mr. Robbins expressed their displeasure with the settlement.as did Tom Smith. Roll Call on Motion 5-1 Vote, Councilmember Shipman voted No, Councilmember Carl-Mitchell absent. Councilmember Humphrey stated, "I would like to ask the City staff that we get together because we have $120-million that will be coming into the coffers of the City of Austin and I do not want this to be taken as new money for the City of Austin. I had the luck to meet with Mr. Amory Lubbins who is considered the guru of the conservation movement throughout the world. He advises both Republicans and Democrats and he told me that cancellation would be to our best economic interest. He has shown me the numbers where cancellation would not only be to our best economic interest but to the partners also. I believe that an earlier Council voted for cancellation and I would like to have some sort of study with this money that could be done at a very small amount, probably about two hours payments on the nuke, that we could get detailed information to see whether or not this would be the proper thing to do to offer our partners. The second choice I would have with the money is to use it on a conservation program where we are saving money, keeping money in the City of Austin, lowering people's utility bills and finally reducing our substantial debt. I would like to meet with you this week to figure out what we are going to do with this money." - RECESS Council recessed its meeting from 4:25 to 4:50 p.m. and resumed its meeting to take up the Austin Housing Finance Corportion meeting, which lasted from 4:50 to 5:00 p.m. Council resumed its recessed meeting at 5:00 p.m, CONTRACT FOR WEATHERIZATION CONTRACTOR DEVELOPMENT PROGRAM The Council, on Mayor Pro Tem Trevino's motion, Councilmember Humphrey's second, adopted a resolution approving the following contract: (5-0 Vote, Councilmember Rose out of the room, Councilmember Carl-Mitchell absent.) (See next page.) : Council Memo 18 ०. Bid award: (1) ALL SEASONS WEATHERIZATION (MBE), P. O. Box 201585 Austin, Texas (2) ENERGY MECHANICS (MBE) 8741 Birmingham Austin, Texas (3) ENERGY SAVINGS CONTRACTORS (MBE), P. O. Box 4057 Austin, Texas (4) ΡΑΥΤΟΝ & ASSOCIATES (MBE) 7610 Cameron Road, Suite 1109 Austin, Texas - - 12/19/85 Weatherization Contractor Development Program, Resource Management Department Total $140,800.00 86-S117-LI Not to exceed $35,200 Not to exceed $35,200 - Not to exceed $35,200 - Not to exceed $35,200 CONTRACT FOR GAS TURBINE GENERATING UNITS The Council, on Councilmember Humphrey's motion, Mayor Pro Tem Trevino's second, adopted a resolution approving the following contract: (5-0 Vote, Councilmember Rose out of the room Councilmember Carl-Mitchell absent.) (COMPLETE TRANSCRIPT OF DISCUSSION IS ON FILE IN CITY CLERK'S OFFICE.) INC. ENERGY SERVICES, 4800 Sugar Grove Boulevard Suite 610 Stafford, Texas -CAPITAL IMPROVEMENTS PROGRAM Four (4) Gas Turbine Generating Units with 199.3 Megawatts of Generating Capacity, Electric Utility Department - $24,395,890 C.I.P. No. 85/12-04 CONTRACT FOR NATURAL GAS SUPPLY AGREEMENT The Council, on Mayor Pro Tem Trevino's motion, Councilmember Urdy's second, adopted a resolution approving the following contract: EXXON GAS SYSTEMS, INC. 4550 Dacoma, #1110 Houston, Texas -Natural Gas, Electric Utility Department 10.5 Month Supply Agreement Item 1 $32,991,000 86-0012-OM (5-0 Vote, Councilmember Rose out of the room, Councilmember Carl-Mitchell absent.) 1 Council Memo ITEM POSTPONED 19 12/19/85 Postponed until January 9, 1986 is consideration of approval of contracts for the Economic Development Special Projects, 11th Year CDBG Program. SUNSET VALLEY WASTEWATER SERVICE CONTRACT The Council, on Councilmember Shipman's motion, Councilmember Urdy's second, adopted a resolution approving a wastewater service contract between the City of Austin and City of Sunset Valley. (4-0 Vote, Mayor Pro Tem Trevino, Councilmember Rose out of the room, Councilmember Carl-Mitchell absent.) MULTIFAMILY HOUSING REVENUE BONDS The Council, on Councilmember Urdy's motion, Councilmember Shipman's second, adopted a resolution approving the $4,360,000 Austin Housing Finance Corporation Multi-family Housing Revenue Bonds (Oak Run VIII Apartment Project) Series 1985. (5-0 Vote, Councilmember Rose out of the room, Councilmember Carl-Mitchell absent.) ZONING ORDINANCE The Council, on Councilmember Urdy's motion, Mayor Pro Tem Trevino's second, passed through SECOND AND THIRD READINGS of an ordinance amending Chapter 13-2 and 13-2(A) of the Austin City Code (Zoning Ordinance) to cover the following change: (Conditions have been met.) ALFRED D. HUGHES By David B. Armbrust C14-85-143 9123-9157 U.S. 183 9110-9200 Burnet Road From "LI" & "CS-1" to "LI-PDA" (5-1 Vote, Councilmember Humphrey voted No, Councilmember Carl-Mitchell absent.) CONTRACT APPROVED The Council, on Councilmember Shipman's motion, Mayor Pro Tem Trevino's second, adopted a resolution approving the following contract: (4-1 Vote, Councilmember Humphrey voted No, Councilmember Rose out of the room, Councilmember Carl-Mitchell absent.) THOMAS HINDERER COMPANY, INC. P. O. Box 3264 Austin, Texas CAPITAL IMPROVEMENTS PROGRAM - Renovation of Shipe, Civitan, Govalle and Westenfield Pools, Parks and Recreation Department Total $557,500.00 C.I.P. Nos. 75/86-09, 83/86-74, 82/86-74 & 82/86-51 Council Memo 20 PUBLIC HEARING - PAVING ASSESSMENTS 12/19/85 Mayor Cooksey opened the public hearing set for 4:00 p.m. to consider paving assessments to be levied on North Bluff Phase II. Mr. Ridings, Director of Public Works, explained the assessments. No one else appeared befor Council. Motion The Council, on Councilmember Shipman's motion, Councilmember Urdy's second, closed the public hearing, waived the requirement for three readings and finally passed an ordinance approving paving assessments to be levied on North Bluff Phase II, consisting of one unit covering an intersection. CAPITAL IMPROVEMENTS PROGRAM No. 78/62-32. (6-0 Vote, Councilmember Carl-Mitchell absent.) CHANGE ORDER APPROVED The Council, on Councilmember Urdy's motion, Mayor Pro Tem Trevino's second, adopted a resolution approving a Change Order in the amount of $480,107.40 to Austin Road Company for Braker Lane Paving and Drainage Improvements. (11.9% increase of the original contract) CAPITAL IMPROVEMENTS PROGRAM No. 85/22-08.) (6-0 Vote, Councilmember Carl-Mitchell absent.) PUBLIC HEARING ON RESTRICTING SMOKING IN PUBLIC PLACES Mayor Cooksey opened the public hearing set for 5:30 p.m. on an ordinance restricting smoking in public places. Dr. Cliff Price, Texas Department of Health, read a statement concerning the dangers of active and passive smoking. He said smoking is the single largest cause of premature death in America." Dr. Price, obstetrician, told how a smoking mother can retard the growth of the baby and that children of smoking parnets have a high rate of upper respiratory disease. Dr. Tony Seidenberg supported the two previous statements. Dr. James Cole, pulmonary internist, discussed the real and present danger of sidestream effects on non-smokers and said he could not imagine one bad side effect from the ordinance. A man who did not identify himself favored smoking wherever one wishes. David Ellis, ex-smoker, favors the ordinance. A man who did not identify himself said smoking is an assault on one's body. Susan Sanders representing District V, Texas Nurse's Association, said they favor the ordinance. Council Memo 21 12/19/85 Gerald Stone, vice-president, Night Hawk Restaurants, pointed out some things wrong with the ordinance that should be cleared up for restaurant owners. Jerry Pearson, psychologist, said there are side effects of anger, fatigue, and depression from smoking. He favors the ordinance. A man who did not identify himself, who spoke in sign language, was interpreted as stating he suffered from passive smoking. Bill Drake favors the ordinance and discussed the bad effects from sidestream smoke. Melissa Morgan, Stop Smoking Center, favors the ordinance. Agnes Edwards also favors it. A woman who did not identify herself is against smoking, as is Dr. Craig Stolts, Elaine Shelton, Glenn Hauserfluk, James Brown and Michael Horewitz. Mike Hennesy also favors the ordinance. Conn McCampbell, who owns a billiard bar on 6th Street said the ordinance would make him a policeman in his own business. He said it would be difficult to partition his place of business for non-smokers. The owner of the Black-Eyed Pea Restaurant asked for an advisory board and feed-back from the people. Other people favoring the ordinance are: Willie Greet, Gail Schaff, Karen Nyland, Ms. Mauzy, Billy Clifford, Don Hays, Dorothy Richter. Brad Gebhard, who owns two smoking shops, discussed his business. Jerry Ray, owner of a bowling alley, also had questions concerning his business. Motion The Council, on Councilmember Shipman's motion, Councilmember Humphrey's second, closed the public hearing and PASSED THROUGH FIRST READING ONLY an ordinance restricting smoking in public places. (6-0 Vote, Councilmember Carl-Mitchell absent.) SECOND and THIRD readings of the ordinance will be on January 9, 1986 at 5:30 p.m. EXECUTIVE SESSION Mayor Cooksey announced Council would go into executive session pursuant to Article 6252-17, Texas Revised Civil Statutes Annotated, to discuss matters of: a. b. Selection of Municipal Court Judges, Section 2, Paragraph g. Pending Litigation including but not limited to: Houston Lighting and Power Company, et al vs. Brown and Root, et al in Matagorda County, and City of Austin vs. Houston Lighting & Power Co. in Travis County - Section 2, Paragraph e. i i Council Memo RECESS 22 12/19/85 Council recessed its meeting at 8:25 p.m. and resumed its recessed meeting at 9:15 p.m. ZONING HEARINGS POSTPONED Council postponed until February 6, 1986 at 4:00p.m. the following zoning cases: r-85 ALFRED LEHTONEN 044 By Miguel Guerrero 5610-5800 Capital of Texas North Highway From "I-SF-2" & "SF-2" To "GO" RECOMMENDED : i ! 8-85 LAS CIMAS PUD 004 By Austin Southwest Corp. -85 TREELINE 350-PROPERTIES By U.S. Inmigration and Naturalization Service 624 Capital of Texas Highway South 3708 South 2nd Street From "I-SF-2" To "PUD-Office/Retail" RECOMMENDED From "CS" Το "P" -85 SKYLINE ASSOCIATES 11306-11410 N. Lamar From "I-RR" 149 By Charles Dunn Boulevard (Part) To Tr. a "GR" Tr. b "GR" Tr. c "GR" NOT RECOMMENDED RECOMMENDED Tr. a "LO", Tr. b "GR" & Tr. c "GR" Council postponed hearing on the following zoning case until January 9, 1985 at 4:00 p.m.: -85 CITY OF AUSTIN 377 By Office of Land Development Services 1223-1309 Rosewood Avenue From "SF-3" To "CS" Council Memo HEARING SET 23 12/19/85 The Council set a public hearing for February 13, 1986 at 6:00 p.m. on Ms. Linda Salinas request for a hearing on an appeal of the Planning Commission decision concerning special permit for Congress 25 LTD. (C14p-85-032). ZONING HEARING Mayor Cooksey opened the zoning hearing set for 4:00 p.m.. Council heard, closed the public hearing and passed through FIRST READING ONLY of an ordinance as follows: r-85 308 STEVE R. SCOTT 4508 Hwy. 183 South By Minter, Joseph & Thornhill From "I-SF-2" Το "CS" RECOMMENDED subject to dedication of up to 45' of right-of-way from centerline of Burleson. FIRST READING ONLY (On Mayor Pro Tem Trevino's motion, Councilmember Urdy's second, 6-0 Vote, Councilmember Carl-Mitchell absent.) HEARING ETHICS ORDINANCE Mayor Cooksey opened the 5:00p.m. hearing on proposed Ethics and Financial Disclosure Ordinance. John Hildreth told Council he has checked the ordinances all over the state as a member of the Blue Ribbon Ethics Review Commission. Jim Kauzer, member of Blue Ribbon Ethics Review Commission, said there are no conflicts or problems and in 1987 there will be Charter amendments. He said there are more questions on the revolving door policy than anything else. Motion The Council, on Councilmember Humphrey's motion, Mayor Pro Tem Trevino's second, closed the public hearing. (6-0 Vote, Councilmember Carl-Mitchell absent.) PUBLIC HEARING AMENDMENTS TO ROADWAY PLAN Mayor Cooksey opened the public hearing scheduled for 6:00 p.m. on amendments to the Austin Metropolitan Area Roadway Plan. Allen Brecher, Director of Urban Transportation, reported and こ Council Memo 24 12/19/85 gave a review. COPY OF REPORT IS ON FILE IN CITY CLERK'S OFFICE. Mr. Brecher said staff wants to delay FM 1626; Arterial 7 as Travis County is working on that one; and Arterial 13. Ann Gray asked Arterial 7 not be deleted from Roadway Plan. Dee Phillips discussed the Trail of Madrones. Breda Bosh does not want Arterial 7. Bill House, Mary Urb, Harry Wallingford, Hal Weimer were also against Arterial 7. Jay Powell favors Arterial 7. Paul Linehan, Westlake Subdivision, opposes Arterial 7. Chris Caperton, transportation planner for Travis County, discussed the roadway plan. Don Safely discussed Torro Canyon. Mr. Brecher said consideration of Arterial 7 will be brought back no later than the third week in January, after the County does its review. There was discussion of Spanish Oak and Mayor Cooksey suggested this be delayed until 183 is decided. Councilmember Rose read the following into the record: a That the City of Austin hereby defines the term "scenic freeway for use in the Austin Metropolitan Area Roadway Plan as applicable to the proposed MoKan right-of-way as subcategory of Freeway; a scenic freeway is a divided roadway of six lanes or more (3 in each direction), which has a minimum right-of-way of 300 feet without frontage roads and a minimum of 400 feet with frontage roads, with no at-grade crossings; has fully-controlled access to the mainlanes; frontage roads may be provided for local access where needed; with driveway cuts with a minimum of 250 feet between spacing to facilitate better traffic movement; has median widths (or other contiguous areas) which could facilitate future transitways; and has a generous greenspace buffer between the roadway and adjacent development which preserves and enhances the natural landscape as much as possible and exceeds that required under a standard freeway section, but no less than an additional 25 feet contiguous to the frontage roads or freeway right-of-way plus an additional 25-foot building setback line. Motion The Council, on Councilmember Rose's motion, Councilmember Shipman's second, closed the public hearing and approved the following amendments to the Austin Metropolitan Area Roadway Plan: (6-0 Vote, except 5-0 vote on Brodie Lane with Mayor Pro Tem Trevino abstaining on this segment due to conflict of interest, Councilmember Carl-Mitchell absent for roll call.) Approved U.S. 183, Ben White Boulevard, Brodie Lane, Council Memo 25 12/19/85 Howard Lane, Dittmar Lane, Stonelake Boulevard, Great Hills Trail, Mokan Boulevard as a scenic boulevard as stated by Councilmember Rose, Parmer Lane, Springdale Road, and Giles Road. : PUBLIC HEARING - DECKER CREEK MUDs 1-5 Mayor Cooksey opened the public hearing set for 6:30p.m. to consider consenting to the creation of the Decker Creek MUDs 1-5. Terry Childers, First Assistant City Manager; Jim Duncan, Director of OLDS; Jim Thompson, Director of Water and Wastewater; and Sarah Farley all presented staff reports. Members of the community who spoke were Jody Richardson representing Homecraft; Roy Bechtol, land planner; Frank Harrison; Enrique Lopez; Janet Klotz; Hilbert Maldonado; Phil Savoy; Bert Cromack; and Ed Wendler. Motion The Council, on Mayor Cooksey's motion, Councilmember Urdy's second, closed the public hearing, waived the requirement for three readings and finally passed an ordinance creating Decker Creek MUDs 1-5. (6-0 Vote, Councilmember Carl-Mitchell absent.) MOORE'S CROSSING AND NORTH TRAVIS MUD Motion The Council, on Councilmember Urdy's motion, Mayor Pro Tem Trevino's second, adopted a resolution consenting to the creation of the Moore's Crossing Municipal Utility District. (6-0 Vote, Councilmember CarlMitchell absent.) Motion The Council, on Councilmember Urdy's motion, Mayor Pro Tem Trevino's second, adopted a resolution approving the creation of the North Travis County Municipal Utility District 1, 2 and 3. (6-0 Vote, Councilmember Carl-Mitchell absent.) PUBLIC HEARING TO BE CONTINUED The public hearing scheduled for 7:00 p.m. to consider consenting to the creation of the Point Venture II MUD was continued to January 16, 1986 at 7:00 p.m. Council Memo PUBLIC HEARING 26 CLUSTER HOUSING 12/19/85 Mayor Cooksey opened the public hearing set for 7:30 p.m. on amendments to Chapter 13-3, Article VII, Division 2 of the City Code (Subdivision Ordinance, Barton Creek Watershed) regarding cluster housing. Mayor Cooksey said he felt that cluster housing is step forward. Jerry Harris, representing Ben Barnes development, spoke in favor of the amendment. Mr. John Connally also supports the ordinance. Bert Cromack spoke in opposition. Paul Linehan spoke in favor of cluster housing. Jack Goodman also discussed the ordinance. Motion The Council, on Councilmember Shipman's motion, Mayor Pro Tem Trevino's second, closed the public hearing, waived the requirement for three readings and finally passed an ordinance with amendments to Chapter 13-3, Article VII, Division 2 of the City Code (Subdivision Ordinance, Barton Creek Watershed) regarding cluster housing. (6-0 Vote, Councilmember Carl-Mitchell absent.) MUNICIPAL JUDGES As a result of discussion during executive session earlier in the meeting, the following motion was made: Motion Councilmember Urdy made the following motion: "I move we reappoint current Municipal Court judges and their salaries for presiding judges will be $25.00 an hour with associate and relief judge salaries at $21.00 an hour, and that we ask the Travis County Bar Association to appoint a screening committee to screen applicants for Municipal judges and make three recommendations to grant prime recommendations number one, number two and number three. Friendly Amendment and Second to Motion Mayor Pro Tem Trevino seconded the motion and offered a friendly amendment to have Travis County Bar Association select a committee of three with one of those individuals having some experience with practice at Municipal Court level. The friendly amendment was accepted. Roll Call 6-0 Vote, Councilmember Carl-Mitchell absent. Council Memo SCHEMATIC PLANS U.S. 290/SH 71 27 12/19/85 The Council, on Councilmember Humphrey's motion, Councilmember Shipman's second, adopted a resolution approving Schematic Plans on U.S. 290/SH 71 for protection of proposed right-of-way. CAPITAL IMPROVEMENTS PROGRAM No. 85/62-02. (6-0 Vote, Councilmember Carl-Mitchell absent.) WATERFRONT PLANNING ADVISORY BOARD Councilmember Shipman introduced an item to Council to consider creating a Waterfront Planning Advisory Board. She said the board shall be composed of seven members, who shall be appointed by the Council to serve two-year terms. Motion The Council, on Councilmember Humphrey's motion, Mayor Pro Tem Trevino's second, approved creation of a Waterfront Planning Advisory Board. (6-0 Vote, Councilmember Carl-Mitchell absent.) PAY EQUITY Councilmember Shipman introduced an item to Council to consider a proposal for a pilot study to address pay equity issues for City of Austin employees. A resolution will be brought before Council in January. PUBLIC HEARING SET Council set a public hearing on January 16, 1985 at 5:00 p.m. as requested by Mr. Richard G. Garza that Council set a hearing on the decision of the Electrical Board regarding a master's license for Mr. Bob Weik. IN-CITY MUD's An item from Councilmembers Rose and Shipman concerning consideration of any city policies regarding in-city MUDs, as affected by the Texas Water Commission policy was discussed earlier. ADJOURNMENT Council adjourned its meeting at 3:00 a.m. December 20, 1985.