YOF AUS 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 1830 Austin City Council MINUTES For MARCH 20, 1986 1:00 Ρ.Μ. Council Chambers, 307 West Second Street, Austin, Texas Memorandum To: 1 Mayor Cooksey called to order the meeting of the Council, noting the presence of all Councilmembers. CITIZENS COMMUNICATIONS Ms. Brenda Bost talked about the Metropolitan Roadway Plan, Mr. Mark J. Weaver discussed health issue concerning pornographic shops in Austin. Ms. Jeannine Stroth discussed pornographic business and Ms. Pauline Gamble talked about pornographic book stores. Mr. Thomas Carr discussed pornographic arcades and Mr. Charles Parker talked about pornographic business. Edward Roush Jr. dicussed City regulations of sexually oriented commercial business. Mr. Volma Overton, Ms. Janice Robinson and Mr. Larry Jackson discussed Article II, Section I of the City Charter. AUSTIN CABLE COMMISSION REPORT The Third and Fourth Years Report on Austin CableVision's Franchise compliance was presented to Council. ANNEXATION ORDINANCE Mr. The Council, on Councilmember Shipman's motion, Councilmember Carl-Mitchell's second, passed through second and third readings of an ordinance annexing approximately 318.42 acres of land out of the Samuel W. Hamilton Survey No. 16 and the Theodore Bissel Survey No. 18 for limited purposes. C7a-86-001. (6-0 Vote, Mayor Pro Tem Trevino abstained.) C Council Memo ITEMS POSTPONED items: a. 2 3/20/86 Postponed until March 27, 1986 is consideration of the following 1. Consider adopting the Fire Department's Specifications and Guidelines for implementation of the Hazardous Materials Storage and Registration Ordinance. 2. Consider approval to enter into a Professional Services Agreement for Real Estate Acquisition Services with Acquisition Associates. Postponed for one month is a zoning hearing on the following: Recommended by the Planning Commission, As Requested, With Conditions: (1)-85 JAMES D. & ANNE 141 West Oltorf 388 M. WEAVER By Rudy Hopkins From "SF-3" Το "NO" RECOMMENDED subject to dedication of up to 45' feet of right-of- way from centerline of West Oltorf Street. CONSENT ORDINANCES The Council, on Councilmember Carl-Mitchell's motion, Councilmember Urdy's second, waived the requirement for three readings and finally passed the following ordinances in one consent motion: (7-0 Vote) Budget Amendments Amended the FY 1985-86 Operating Budget by appropriating $857,160.00 from the Water and Wastewater Operating fund ending balance to fund claims settlement payments. Amended the Operating budget for FY 1985-86 by appropriating $3,000 from the General Fund Ending Balance to fund a Special Olympics Team from the Austin Area. Amended the FY 1985-86 Operating Budget by appropriating $60,000.00 from the General Fund Ending Balance for professional services associated with the creation of the Edwards Aquifer Conservation District. Item Postponed Postponed for one week (3/27) budget amendment transferring $23,263.76 previously appropriated to the National Council of Negro Women, Inc. to Community Advocates for Teens and Parents, Inc., for Council Memo 3 3/20/86 operation of a teenage pregnancy project, and authorizing a contract for said purposes. Capital Improvements Program Ordered and set a public hearing on May 8, 1986 at 4:00p.m. in connection with paving assessment to be levied on Radam Lane, consisting of one unit. CAPITAL IMPROVEMENTS PROGRAM No. 77/62-03. Zoning Ordinances Amended Chapter 13-2 and 13-2A of the Austin City Code (Zoning Ordinance) to cover the following changes: a. THOMAS J. & MARY E. PRUETT, JR. C14-85-150 1704 Houston Street From "SF-3" to "NO" Heard and granted on August 1, 1985, (6-0). Mayor Pro Tem John Trevino, Jr., absent. Conditions have been met as follows: Right-of-way on Houston Street has been conveyed by Street Deed. b. RUSSO PROPERTIES By David Armbrust C14-84-264 1000 1.Η. 35 Ν. 700 E. 10th St. 701 E. 11th St. From "CS" to "CS-1" Heard and granted on December 6, 1984, (6-0). Councilmember. Mark Rose absent. Conditions have been met as follows: Development restricted to that shown on Site Plan attached as Exhibit "A" to the Ordinance. CONSENT RESOLUTIONS The Council, on Councilmember Carl-Mitchell's motion, Mayor Pro Tem Trevino's second, adopted the following resolutions in one consent motion: (7-0 Vote) Release of Easements Authorized release of the following easements: a. A portion of the 7.5' Public Utility and Drainage Easement along the north property line of Lot 6, Block R, Westwood Section 6, 204 Bulian Lane. (Request submitted by James K. Presnel, Inc.) Capital Improvements Program Approved for selection of architectural services for the following: CAPITAL IMPROVEMENTS PROGRAM No. 85/86-29 & 85/16-13 Council Memo a. 4 East Austin Senior Activity Center $224,900: Ponciano Morales III, Architect, AIA b. Energy Management and Control Center $208,800: Wilson Stoeltje Martin --------------- ----- 3/20/86 Approved for a Supplemental Amendment to the Professional Services Agreement between the City of Austin and Burns and McDonnell Engineering Company, Inc., for services related to McNeil Substation 345/138KV Autotransformer and Circuit 972 Termination. ($366,000.00) CAPITAL IMPROVEMENTS PROGRAM No. 85/16-08 and 85/16-13. Transmission Line Entered into an agreement with Lower Colorado River Authority for relocation of tranmission line facilities for the Electric Utility Department. CAPITAL IMPROVEMENTS PROGRAM No. 85/16-08 ($464,103.00) Contracts Approved a. Approved the following contracts: DON E. PHILLIPS, INC. 8000 Blue Goose Road Manor, Texas - b. c. COFFEE EQUIPMENT, INC. 110 Houston Buda, Texas L. E. MYERS COMPANY 4315 Allen Genoa Road Pasadena, Texas - - CAPITAL IMPROVEMENTS PROGRAM - Installation of Underground Electric Distribution Facilities for Northwest Hills Lakeview III, Electric Utility Department: Total $46,803.90 C.I.P. No. 84/15-01 CAPITAL IMPROVEMENTS PROGRAM - Installation of Underground Electric Distribution Facilities for Texas Oaks, Electric Utility Department Total $27,422.18 C.I.P. No. 85/15-01 CAPITAL IMPROVEMENTS PROGRAM - Overhead Electric Distribution Facilities for General Williamson Drive & FM 620 east to Geronimo Trail, Electric Utility Department Total $66,429.00 C.I.P. No. 86/14-01 Council Memo 5 3/20/86 d. L. E. MYERS COMPANY 4315 Allen Genoa Road Pasadena, Texas e. : ALLIED METAL, INC. 5503 Sheraton Oaks Drive Houston, Texas f. AT&T INFORMATION SYSTEMS g. h. i. J. 3721 Executive Center Drive Austin, Texas RIVER CITY MACHINERY 12949 Research Austin, Texas RIVER CITY MACHINERY 12949 Research Austin, Texas CHEMICAL & TURF SPECIALTY 2929 W. Kingsley Road Garland, Texas ACCRON CHEMICAL - - - CAPITAL IMPROVEMENTS PROGRAM Overhead Electric Distribution Facilities for Burleson Road and FM 973, Electric Utility Department Total $28,269.00 C.I.P. No. 86/14-02 CAPITAL IMPROVEMENTS PROGRAM - Aluminium Tubular Bus, Electric Utility Department Total $39,997.58 C.I.P. No. 85/16-08 Telecommunications System, Vehicle and Equipment Services Department Total $54,251.00 86-8279-FW Seven Recycling Trailers, Vehicle and Equipment Services Department Total $101,311.00 86-0124-CM - Trenching Machines, Vehicle and Equipment Services Department Total $51,926.00 86-0100-CM - Bulk Fertilizer, Parks and Recreation Department Six (6) Month Supply Agreement Total $26,648.00 86-0146-CM Fluosilicic Acid, Water and Wastewater Department Twelve (12) Month Supply Agreement Total $45,405.00 86-0086-CM - Anthracite Filter Media, Water and Wastewater Department Twelve (12) Month Supply Agreement Total $40,300.00 86-0158-CM - 3251 N. Pan Am Expressway San Antonio, Texas k. 1. m. JAYCEE SALES 12528 Split Rail Austin, Texas GILBERT X-RAY 8900 Shoal Creek Blvd. Austin, Texas WILLIAM T. STOVER P. 0. Box 19259 Austin, Texas - - X-Ray Chemicals, Brackenridge Hospital Twelve (12) Month Supply Agreement Total $28,963.92 BS6-106 Surgeons' Gloves, Brackenridge Hospital Twelve (12) Month Supply Agreement Total $47,460.96 BS6-099 Council Memo n. WILLIAM T. STOVER P. 0. Box 19259 Austin, Texas 6 - 3/20/86 Mouth Care Kits, Brackenridge Hospital Twelve (12) Month Supply Agreement Total $31,821.72 BS6-100 Contract Amended Amended the contract with Wolfe and Associates to change the ending date from May 31, 1986 to July 31, 1986. Item Postponed Postponed to 3/27/86 consideration of approving the form and Content of the North Central Austin Growth Corridor Municipal Utility District No. 1 Bond Anticipation Note, Series 1986A, Certified order. BUDGET AMENDMENT The Council, on Councilmember Carl-Mitchell's motion, Mayor Pro Tem Trevino's second, waived the requirement for three readings and finally passed an ordinance amending the 1985-86 Capital Improvements Program Budget by: (6-0 Vote, Councilmember Urdy out of the room.) (1) Transferring and appropriating $1,200,000.00 from the Water and Wastewater Operating Fund ending balance to fund a 1985-86 Wastewater Master Plan. WASTEWATER MASTER PLAN The Council, on Councilmember Carl-Mitchell's motion, Mayor Pro Tem Trevino's second, adopted a resolution entering into a Professional Services Agreement with Engineering-Science, Inc. for preparation of a Wastewater Master Plan. (6-0 Vote, Mayor Pro Tem Trevino abstained.) SECOND READING OF ZONING The Council, on Mayor Pro Tem Trevino's motion, Councilmember Urdy's second, passed through SECOND READING of an ordinance amending Chapter 13-2 and 13-2A of the Austin City Code (Zoning Ordinance) to cover the following changes: (4-2-0 Vote, Councilmembers Shipman and Carl-Mitchell voted No, Councilmember Humphrey abstained.) ORIN & MAJORIE 6505 Manchaca Road C14-85-192 CLUCK From Interim "SF-3" to "GR" Heard and granted on September 5, 1985, (4-2). Councilmembers Smoot Carl-Mitchell and Sally Shipman voted "No". Councilmember George Humphrey out of room. Conditions have been met as follows: Right-of-way on Manchaca Road has been conveyed by Street Deed. : : Council Memo WATER SYSTEM IMPROVEMENTS 7 3/20/86 The Council, on Councilmember Shipman's motion, Councilmember Carl-Mitchell's second, adopted a resolution authorizing execution of the agreement regarding the construction of improvements to the City of Austin's Water System in the Southeast Area of the City between the City, Lewis Industries, Inc., and other participants. (7-0 Vote) TRAVIS SETTLEMENT MUD #1 The Council, on Councilmember Carl-Mitchell's motion, Councilmember Shipman's second, adopted a resolution consenting to the crea- tion of the Travis Settlement Municipal Utility District #1 with access only on loop roadway two sites, deed restrict irrigation acreage against future development and approved as per March 19, 1986 memo with attachments. (6-1) Vote, Councilmember Humphrey voted No.) ZONING The Council, on Councilmember Carl-Mitchell's motion, Councilmember Shipman's second, passed through FIRST READING of an ordinance granting the following zoning changes: (7-0 Vote) -85 244 CITY OF AUSTIN By Office of Land Development Services OPERATING BUDGET AMENDMENT Generally bounded on the north by McNeil Drive, Council Bluff Drive, proposed Parmer; on the east by El Camino Road, Danny Drive, Leaf Lane Burnet Road; on the south by U.S. 183, and on the west by Conrad Road. From "GR", "LI", "I-SF-2". "I-LI" "SF-2" & "MF-2" To Appropriate Zoning NOT RECOMMENDED RECOMMENDED "IP", "LI" GRANTED TRACT a - "SF-3" TRACT b - "SF-2" TRACT C "RR" - FIRST READING ONLY The Council, on Councilmember Shipman's motion, Mayor Pro Tem Trevino's second, waived the requirement for three readings and finally passed an ordinance appropriating $33,289.00 from the Hotel/ Motel Bed Tax Fund (rollover monies) for Tourism/Promotion. (7-0 Vote) Consideration of appropriation of $9,780.00 for Cultural Arts from Hotel/Motel Bed Tax Fund (rollover monies) will be at the March 27, 1986 Council Meeting. CITY MANAGER REPORTS Council heard reports on Biweekly Wastewater Status; Local, State and National Economic Trends; and Boggy Creek Status Report. Council Memo INTERIM TERMINAL AREA EXPANSION 8 3/20/86 The Council, on Councilmember Carl-Mitchell's motion, Mayor Pro Tem Trevino's second, adopted a resolution approving selection of The Greiner Austin Team, CAPITAL IMPROVEMENTS PROGRAM No. 86/81-01. ($1,270,000.00) (5-0 Vote, Councilmember Shipman and Mayor Cooksey abstained.) PUBLIC HEARING - REVISED ZONING REGULATIONS Mayor Cooksey opened the public hearing set for 3:00 p.m. on amending Chapter 13-2A (Revised Zoning Regulations) and amending the submission and processing requirements for traffic impact analyses. George Zapalac, Office of Land Development Services, told Council the purpose of the proposed amendment is to allow sufficient time for preparation of staff comment prior to the agenda deadline of the Planning Commission. He indicated a chart which outlined the review process and explained. He said this amendment would allow more time for Urban Transportation to coordinate on large projects and on any project involving complicated traffic engineering procedures. It would also allow adequate time to allow for staff comments in the agenda packet. Mr. Zapalac said this would require earlier submission of the TIA in the process, at the same time as the zoning application, however it would not increase the total amount of review time. No one appeared to speak before Council. Motion The Council, on Councilmember Carl-Mitchell's motion, Mayor Pro Tem Trevino's second, closed the public hearing, waived the requirement for three readings and finally passed an ordinance amending Chapter 13-2A (Revised Zoning Regulations) and amended the submission and processing requirements for traffic impact analyses. (7-0 Vote) PUBLIC HEARING SET The Council, on Councilmember Shipman's motion, Councilmember Urdy's second set a public hearing on an appeal from Mr. Ken Manning of the Planning Commission's decision to deny a special permit regarding Case No. C14p-85-050 for April 10, 1986 at 5:00 p.m. ZONING HEARINGS Mayor Cooksey announced Council would hear zoning cases scheduled for 4:00 p.m. Council heard, closed the public hearings, or postponed the hearing, and granted as follows: Council Memo C14r-85 P.P.& R. JOINT 317 VENTURE By Kathryn Allen 9 3203-3211 Riddle Road 3/20/86 From Pending Annexation Το "LR" (Tract 1) "MF-1" (Tract 2) "RR" (Floodplain) RECOMMENDED FIRST READING ONLY (On Councilmember Shipman's motion, Councilmember Carl-Mitchell's second, 6-0 Vote, Mayor Pro Tem Trevino abstained.) ! C14r-85 166 MICHAEL R. PICKERING By Kristaponis Gregory & Assoc. 7700 Block R.M. 620 also bounded by Cedar Lane From "I-RR" & "I-SF-2" Το "LR" RECOMMENDED limited to "LO" uses and financial services and subject to reserving 150 feet of right-of-way from centerline of R.M. 620 and dedication of up to 35 feet of right-of-way from centerline of Zimmerman Lane. EMERGENCY PASSAGE OF ORDINANCE (On Councilmember Carl-Mitchell's motion, Councilmember Shipman's second, 6-0 Vote, Councilmember Rose out of the room.) ZONING POSTPONED Postponed until March 27, 1986 is zoning case Cl4r-85-339 under Old Business. PUBLIC HEARING - SOLICITATION ORDINANCE Mayor Cooksey opened the public hearing scheduled for 4:30 p.m. on proposed revisions to the Solicitation Ordinance. Raul Calderon, attorney for the Solicitation Board, said he was there to answer any questions. Mr. John Echeson, Better Business Bureau, said they are in business to make certain businesses are there for the good of the citizens. In 1986 $54.9 million dollars will be solicited from the public. "The Better Business Bureau in principle supports and endorses the proposed City Ordinance which was developed by the City's legal staff and those citizens who serve as members of the City's solicitation Board.......with one exception. That exception deals with reports and records on page 11...... This proposal has to do with the accountability and it would be our proposal the Council Memo 10 3/20/86 accountability be more frequent by organizations by amending that section to read that either within 90 days from the completion of a solicitation campaign or each calendar quarter if the solicitation is continued during the entire year and continue to provide an accountability of what they have done with the public's money....." He also said anyone's whose gross solicitation is $100,000 a year or more should make available to the Solicitation Board a financial statement audited by an outside certified public accountant...." Mr. Echeson said this would be a change to Section 9-3-33 Coucilmember Shipman said it would be appropriate to act on the amendment the Solicitation Board has already given Council and asked Mr. Echeson to present his recommendation to the Solicitation Board. Later, the Council can act on the Board's recommendation. Mr. Echeson agreed. Motion The Council, on Councilmember Shipman's motion, Mayor Pro Tem Trevino's second, waived the requirement for three readings and finally approved an ordinance revising the Solicitation Ordinance. (5-0 Vote, Councilmembers Rose and Urdy out of the room.) ANNEXATION HEARING Mayor Cooksey opened the public hearing set for 5:30p.m. on annexation of the following for limited purposes: a. Approximately 196 acres in the vicinity of U.S. 183 and F.M. 620, consisting of the following areas: (1) - 21.06 acres Oakline (2) Wilson Tract (3) - 98.50 acres 10.28 acres Parkline - 66.42 acres (4) Arnold Tract - No one appeared to be heard. Motion The Council, on Councilmember Carl-Mitchell's motion, Mayor Pro Tem Trevino's second, closed the public hearing. (5-0 Vote, Councilmembers Humphrey and Rose out of the room.) PUBLIC HEARING - TOPIC AREAS FOR 12TH YEAR CDBG PROGRAM Mayor Cooksey opened the public hearing set for 5:00p.m. on General Topic Areas for the 12th Year CDBG Program. The following people spoke: Margaret Gomez, Morris Lester, Sam Guzman, George Sanchez, Juanita Casey, Clifton Hill, Bert Adams, Debra Fairchild, Mr. Ross, Enrique Lopez, Tommie Wyatt Ed Jamison, , Council Memo 11 3/20/86 Mary Margaret Navarro, T.J. Cole, Richard Harris, John Goode, Earline Jewell, Dennis Sills, Diane Robinson, James Pinedo, Nancy Kroger, Mona Gonzalez, Reg Westbrook, Ron Davis, William C. Johnson, Willa Hardin, Sister Amalia Rios, Joe Vela, Richard Florillos, Kirk Brown, Glenn Rosales, Sandy Howard, George Stone, John Henneberger, Jesse Aguilera. Motion The Council, on Mayor Pro Tem Trevino's motion, Councilmember Urdy's second, closed the public hearing. (6-0 Vote, Councilmember Rose out of the room.) 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 land acquisition, litigation, and for personnel matters. No official action of the City Council will be taken on any of these matters unless such item is specifically listed on the agenda: RECESS a. Board and Commission Appointments - Section 2, Paragraph g. Council recessed for executive session from 8:20 p.m. to 9:20 p.m. BOARD AND COMMISSION APPOINTMENTS The Council, on Councilmember Shipman's motion, Councilmember Carl-Mitchell's second, approved the following appointments. (6-0 Vote, Councilmember Urdy out of the room) Child Care Commission Susan Syler Jill Gronquist Dr. Libby Doggett Priscilla FLAWN Marilla Wood Kaye Berry Dr. Lila Coughran Sandra Hamilton Dr. Marian Monroe Charles Busbey Hermelinda Rodriguez Ronya Kozmetsky Dick Rathgeber Norma Carothers Planning Commission Jacquelyn Goodman (effective !! immediately) Scott Roberts - effective June 1, 1986 Plumbing Advisory Board Calvin Newell - reappointed Resource Management Commission Cari Clark Urban Transportation Commission Shelly Brisbin - reappointed Nikolas Brown Jim O'Donnell Marcus Lester Council Memo Commission for Women Task Force Susan Adair, Austin Women's Center 12 Barbara Hudson, League of Women Voters Marilyn Pickman, Austin Women's Political Caucus Beverly Black, NOW Carol Greene, Junior League Laurie Bolden, Black Women's Professional Association Diana Castaneda, MABPWA Billie Passmore, Commission for Women Vangie Elizondo, Commission for Women Community Development Commission Barbara Burton Electric Utility Commission Martha Terry EMS Quality Assurance Team Dr. Glen Johnson Parks and Recreation Board Dr. George Bohuslav 3/20/86 PUBLIC HEARING Mayor Cooksey opened the public hearing set for 7:00 p.m. on amending Chapter 13-2A of the City Code (Revised Zoning Regulations) amending Section 1051 thereof to provide for the extension of the March 1, 1986 deadline for action set forth therein with reference to certain property adversely impacted by City policy or ordinances subsequent to March 1, 1984. Marie Gaines, Office of Land Development Services, reviewed. No one else spoke. Motion The Council, on Councilmember Shipman's motion, Councilmember Humphrey's second, closed the public hearing, waived the requirement for three readings and finally passed an ordinance amending Chapter 13-2A of the City Code (Revised Zoning Regulations) amending Section 1051 thereof to provide for the extension of the March 1, 1986 deadline for action set forth therein with reference to certain property adversely impacted by City policy or ordinance subsequent to March 1, 1984. (7-0 Vote) i Council Memo ITEM POSTPONED 13 3/20/86 Postponed until April 24, 1986 was consideration of reducing electric rates by approximately 7% using proceeds of the first year Brown and Root Settlement monies and savings resulting from updated fuel cost projects. (7-0 Vote) PUBLIC HEARING - SMOKING ORDINANCE GUIDELINES Mayor Cooksey opened the public hearing set for 6:30p.m. on Administrative Enforcement Guidelines to the Smoking Preference Ordinance (No. 860116-1) Mike Candelas explained the seven changes in the guidelines. Bob Reimer, FANS, spoke in support of the ordinance. Motion The Council, on Councilmember Shipman's motion, Councilmember Humphrey's second, closed the public hearing, waived the requirement for three readings and finally passed an ordinance adopting administrative enforcement guidelines to the Smoking Preference Ordinance No. 860116-1. (7-0 Vote) HEARING POSTPONED The Council postponed until April 10, 1986 at 6:30 p.m. a hearing on amending Chapters 13-2 and 13-2A (Zoning Regulations) to provide for definitions of and regulations for restaurant uses. PUBLIC HEARING - TAXICABS : Mayor Cooksey opened the public hearing set for 7:00 p.m. on request from Yellow-Checker Cab Company and American Cab Company relating to the operation of the frachises. A partial transcript of the hearing is on file in the City Clerk's office. After a lengthy public hearing, Mayor Cooksey said the Council would close the public hearing and give the companies two weeks to work out their problems. At that point Jerry Harris, representing the applicant withdrew American Cab Company's application. ADJOURNMENT Council adjourned its meeting at 12 midnight. Postponed for one week was consideration of creating a Task Force on Affirmative Action Plan. 1