TY OF FOUNDED FRA Austin City Council MINUTES For August 21, 1986 - 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 Cooksey called to order the meeting of the Council, noting the absence of Mayor Pro Tem Trevino MINUTES APPROVED The Council, on Councilmember Humphrey's motion, Councilmember Shipman's second, approved minutes for regular meeting of August 14, 1986 and special meetings of August 12 and 13, 1986. (4-0 Vote, Mayor Pro Tem Trevino absent, Councilmembers Carl-Mitchell and Urdy not yet in the Council Chamber.) CITIZENS COMMUNICATIONS Mr. Mark Beers discussed the Austin Marathon. Mr. Robert A. Bond talked about water and wastewater taps. Mr. Dennis Lilley, Ms. Glenn Scott, Mr. Bill Stelle all talked about concerns on the proposal to contract out a portion of Building Inspections. Mr. Randy Reece talked about the Town Lake Corridor. Mr. Robert Ogorzaly talked about a zoning change at 4812 Rowena. Mr. Enrique Lopez appeared briefly, but waived his time. Ms. Mary-Margaret Navar discussed minority procurement by City of Austin. Mr. Steve Hurst discussed water and wastewater service. i COMMISSION FOR WOMEN TASK FORCE REPORT Carol Green presented the Report on City of Austin Commission for Women. Council directed there be a public hearing on September 4, 1986 at 5:30p.m. on their proposed ordinance. 1 Council Memo 2 ELECTRIC UTILITY COMMISSION REPORT 8/21/86 The Electric Utility Commission Report was presented at the August 20, 1986 Council meeting. ITEM POSTPONED Postponed until September 4, 1986 was consideration of approval of revisions to the Circle C MUD consent agreements. ZONING ORDINANCES - OLD BUSINESS The Council, on Councilmember Carl-Mitchell's motion, Councilmember Shipman's second, passed through the appropriate reading on the following zoning case ordinances: (5-0 Vote, Councilmember Urdy out of the room, Mayor Pro Tem Trevino absent.) (1) CHRIS GARNER By Neal Graham C14-86-019 4610 RM 620 From "SF-2" to "LR" Second and third readings. First reading on June 5, 1986, (7-0). Conditions have been met as follows: Restric tive covenant incorporating conditions imposed by Council has been executed and development restricted to that shown on site plan attached as Exhibit "A" to the ordinance. (2) NASH PHILLIPS/COPUS By Ken Manning C14-85-343 Rear of proposed From Interim "RR" Parmer Lane & RM to "MF-3" 620 Second and third readings. First reading on January 9, 1986, (6-0). Mayor Pro Tem John Trevino, Jr. absent. Conditions have been met as follows: Restrictive covenant incorporating conditions imposed by Council has been executed. (3) CARL 8. PETTY By Wendell E. Brannen C142-86-065 7800 IH 35 North From "CS" & "GR" to "CS-1" Second and third readings. First reading on June 26, 1986, (7-0). Conditions have been met as follows: Development. restricted to that shown on site plan attached as Exhibit "A" to the ordinance. (4) WILLIAM SHOPOFF C14-85-149 (part) 10704 MacMora Rd. From Interim "SF-3" to "SF-6" Second and third readings. First reading on December 3, 1985, (6-0). Councilmember Charles Urdy absent. Conditions have been met as follows. Restrictive covenant incorporating conditions imposed by Council has been executed. Council Memo (5) 3 8/21/86 Ε. Ε. & NANCY BOYD By Thomas L. Luth C14-84-476 1701 Matthews Lane From Interim 7233 Manchaca Rd. "SF-3" & "RR" to "SF-6" & "MF-2" Third reading. Second reading on July 31, 1986, (4-2). Mayor Pro Tem John Trevino, Jr. and Councilmember Mark Rose voted "NO". Councilmember Charles Urdy absent. No conditions to be met. ITEM POSTPONED Postponed to August 28, 1986 is consideration of the following zoning ordinance: JOHN REYNOLDS & ASSOC., C14-86-040 1100 Block of Bluff Bend Drive From "SF-2" to "SF-6" & "LO" ITEM POSTPONED Repod reading only. First reading on June 5, 1986, (7-0 Tr. 1) and (4-3 Tr. 2) Councilmembers Smoot CarlMitchell, George Humphrey and Sally Shipman voted "NO". Clarification needed for conditions regarding duplexes. PP 8-28-86 Postponed to September 4, 1986 is consideration of a resolution adopting standard policy for the lease and sale of City owned property. CONSENT ORDINANCES The Council, on Councilmember Shipman's motion, Councilmember Carl-Mitchell's second, waived the requirement for three readings and finally passed the following ordinances in one consent motion: (5-0 Vote, Mayor Pro Tem Trevino absent, Councilmember Urdy out of the room.) North Central Austin Growth Corridor MUD No. 1 Approved the issuance by North Central Austin Growth Corridor MUD No. 1 of $4.595 million in M.U.D. bonds. Item Postponed Postponed until September 11, 1986 is consideration of declaring the necessity for, and ordering improvements to Rain Creek Parkway & Fireoak Drive, consisting of 2 units covering approximately 12 blocks. Council Memo Child Care Commission 4 8/21/86 Amended the Child Care Commission Ordinance (851031-F) to provide for staggered terms of service for its members. Legal Description Amended the following ordinance to correct the legal description and local address: Ordinance No. 860626-B Item Postponed - Case No. C14-85-183 Postponed until September 11, 1986 is consideration of amending and clarifying certain provisions of Ordinance No. 850926-0, the Art in Public Places Ordinance. Speed Zones Approved amending the Austin City Code to modify the following speed zones: a. SECTION 11-2-59 (g) (School Speed Zone) 30 mph DELETE: Nuckols Crossing Road from 200 feet north of Palo Blanco to ADD: 200 feet south of Village Square Drive. SECTION 11-2-99 (1) (School Speed Zone) 20 mph Nuckols Crossing Road for 300 feet north of Palo Blanco Lane to 200 feet south of Village Square Drive. b. SECTION 11-2-99 (d) (School Speed Zone) 20 mph DELETE: Palo Blanco Lane from Nuckols Crossing Road to Acacia Drive. Palo Blanco Lane from Nuckols Crossing Road to Ainez Drive. ADD: 1 CONSENT RESOLUTIONS The Council, on Councilmember Carl-Mitchell's motion, Councilmember Shipman's second, adopted the following resolutions in one consent motion: (6-0 Vote, Mayor Pro Tem Trevino absent) Dedication Approved dedication of the following: a. 2,603 sq. ft. of land out of a City owned tract in Tarrytown 5 Subdivision for a drainageway and public utilities easement (open or enclosed). Council Memo 5 8/21/86 b. An ingress-egress easement over and across a City owned tract for public and emergency vehicles. c. A thirty foot (30') utility easement and twenty-five (25') temporary construction easement across a City owned tract located at US 183 at Loop 1. Eminent Domain Proceedings Authorized eminent domain proceedings to acquire the following: A drainage easement and fee simple for Brodie Lane improvements, more particularly as follows: a. b. (1) 1.513 acres out of the Theodore Bissell League; and (2) 2.204 acres as a drainage easement out of the Theodore Bissell League. 36,563 sq. ft. of land out of the Dallas and Wichita Railroad Company Survey No. 76. License Agreement Approved entering into the following license agreement: a. To allow the encroachment of a canopy into the Congress Avenue right-of-way at 907 Congress Avenue. (Request submitted by Mr. Gus Voelzel III, on behalf of Mr. Thomas C. Granberry) Capital Improvements Program Approved the selection of Bovay Engineers for professional engineerging services in connection with the planning, design and construction of water and wastewater utility adjustment for the Boggy Creek Channelization project. Change Orders Approved the following change orders: a. In the amount of $53,668.96 to Austin Road Company for Braker Lane Paving and Drainage Improvements. (1.33% increase of the original contract- Total changes to date 13.28%) C.I.P. No. 85/22-08. b. In the amount of $58,000.00 to Syro Steel Company for Johnson Creek Stormwater By-Pass Tunnel. (1.7% increase of the original contract of $3,404,748.00 - Total changes to date 2.774%) C.I.P. No. 83/60-84. Council Memo Contracts Approved 6 Approved the following contracts: a. WEST TEXAS SUN ELECTRIC SERVICES dba Sun Electric 1313 East 5th Street Odessa, Texas - b. c. HAEGELIN CONSTRUCTION COMPANY 2600 Palmer Lane Austin, Texas W. K. JENNINGS ELECTRIC COMPANY 1707 Dungan Lane Austin, Texas d. Bid award: e. f. - 8/21/86 CAPITAL IMPROVEMENTS PROGRAM - Construction of Overhead Electric Distribution Facilities for IH-35 South from Ben White to Battle Bend Reconductor, Electric Utility Department Total $28,467.00 C.I.P. No. 86/14-02 CAPITAL IMPROVEMENTS PROGRAM - Installation of Underground Electric Ductline for The Estates of Barton Creek - Equestrian Boulevard, Stage II, Electric Utility Department Total $136,118.00 C.I.P. No. 86/15-01 - CAPITAL IMPROVEMENTS PROGRAM - Construction of Overhead Electric Distribution Facilities for East Riverside Drive, Electric Utility Department Total $56,452.30 C.I.P No. 86/14-03 - Sand and Sandy Loam Topsoil, Purchasing Department Twelve (12) Month Supply Agreement Total $37,562.00 86-0308-LR Items 1 & 2 (1) PIONEER AGGREGATES/AUSTIN DIVISION 8900 Ramirez Lane Austin, Texas (2) AUSTIN CRUSHED STONE 1807 Hydro Austin, Texas AUSTIN CHEMICAL COMPANY 302 Bowie Austin, Texas CONSTAR CONSTRUCTION COMPANY (MBE) 10104 FM 969 Austin, Texas - - Items 1 & 2 (back-up award) - - Disposable Can Liners, Purchasing Department Twelve (12) Month Supply Agreement Item 1-4 - $44,977.00 86-0309-RM Remodel the west side of the Calcasieu Building Phase II, Public Works Department Total $59,990.00 86-C266-JJ Council Memo Short-Term Coal Contract 7 Authorized short-term coal contracts with Kaiser Coal Corporation and Elk River Resources, Inc. Private Industry Council Nominations 8/21/86 Approved the Private Industry Council Nominations and request for two (2) year term reappointment of eleven (11) of its boardmembers whose terms expire on September 20, 1986. Sculpture Recognized the importance of the public/private venture between the City of Austin, owners of the sculpture entitled "Prelude" and the Downtown Partners to Public Art. Austin Senior Aides Program Authorized submission and acceptance of a seventh year renwal grant application to the National Council of Senior Citizens Title V Older Americans Act funding of approximately $248,089.00 to operate the Austin Senior Aides program. Hospital Caseworkers Approved entering into a contract with the Texas Department of Human Services for participation in a hospital based program for caseworkers under the Texas Medical Assistance Program in the amount of $60,000 fpr the period September 1, 1986 to August 31, 1987. Utility Customer Services Office Approved amending a sublease with Calcasieu Lumber Company for the Utility Customer Services Office at 701 West 5th Street. Item Postponed Approval of a resolution to record a vote on increasing the effective property tax rate by up to 7.99% and setting a public hearing on the proposed tax increase was postponed until August 28, 1986. Public Hearings Set Set the following public hearings: a. Dedication of easements and construction of the East Bouldin Creek By-Pass Phase II consisting of storm sewer box culverts from Barton Springs Road to Town Lake: October 2, 1986 at 2:30 p.m. Council Memo b. c. 8 8/21/86 Dedication of a 30' permanent subsurface easement for the construction of a wastewater diversion tunnel across a portion of Grove Park: October 2, 1986 at 2:45 p.m. Dedication of a permanent 30' subsurface easement for the construction of a wastewater diversion tunnel across a portion of the Colorado River: October 2, 1986 at 3:00 p.m. d. Dedication of a permanent 30' waterline easement across Pleasant Valley District Park: October 2, 1986 at 3:15 p.m. Dedication of a 30' permanent subsurface easement for the installation of a wastewater diversion tunnel across a portion of Onion Creek Preserve: October 2, 1986 at 3:30p.m. .. f. Dedication of a 30' permanent subsurface easement for the installation of a wastewater diversion tunnel, along with a 32,078 sq. ft. of a wastewater diversion tunnel along with a 32,078 sq. ft. temporary work easement across a portion of Town Lake/Longhorn Shores: October 2, 1986 at 3:45 p.m. DUPLEXES The Council, on Councilmember Carl-Mitchell's motion, Councilmember Shipman's second, passed through third reading of an ordinance to amend 13-2A (Revised Zoning Regulations) to provide for a site plan review and additional regulations for duplexes containing six or more bedrooms per lot, as outlined in the alternate draft dated August 21, 1986. (6-0 Vote, Mayor Pro Tem Trevino absent.) COMPREHENSIVE WATERSHED ORDINANCE WAIVERS The Council, on Councilmember Carl-Mitchell's motion, Councilmember Rose's second, waived the requirement for three readings and finally passed Comprehensive Watershed Ordinance waivers for the following: (5-1 Vote, Mayor Cooksey voted No, Mayor Pro Tem Trevino absent) (1) Storm 290 (2) (3) Heritage Mesa Stassney Lane (4) Cougar Creek COMPUTING SYSTEM The Council, on Councilmember Carl-Mitchell's motion, adopted a resolution approving an award of a supply agreement to Digital Equipment Corporation for an eighteen month period, for a new departmental computing system in the amount of $5.5 million. (5-1 Vote, Councilmember Rose voted No, Mayor Pro Tem Trevino absent.) Council Memo 9 8/21/86 Councilmember Carl-Mitchell asked if this is a non-exclusive supply agreement. He was told it is. He asked if the maximum is $5.5 million. He was told it is. A long discussion followed concerning the award of the contract and Councilmember Carl-Mitchell said in the future there needs to be guidelines for the purchase of data processing equipment because the acquisition of data processing equipment is always difficult. MINORITY BUSINESS DEVELOPMENT The Council, on Councilmember Urdy's motion, Councilmember Carl-Mitchell's second, adopted a resolution directing the Economic Development Commission to review and make recommendations to Council within 60 days concerning minority business development. (6-0 Vote, Mayor Pro Tem Trevino absent.) ITEM FROM COUNCIL POSTPONED Councilmember Humphrey's item to consider opposing all wastewater treatment plants and discharge applications appearing before the Texas Water Commission and appropriate state courts, when they are located in the contributing and recharge zones of the Edwards Acquifer was postponed to September 4, 1986. TAXICAB RATE SURVEY Dave Gerard, Assistant Director of Planning and Engineering, Urban Transportation Department, presented a report on Taxicab Fare Rate Survey. Copy of his report is on file in the City Clerk's office. TAXICAB PERMITS AND APPLICATIONS Councilmember Urdy's item to consider an ordinance relating to He taxicab permits and applications was postponed for 30 days. requested it first be sent to the Urban Transportation Commission and then return it to Council. 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. ! Council Memo RECESS a. Pending Litigation 10 8/21/86 - Section 2, Paragraph e. (1) City of Austin vs. John A. Pfluger (2) Northwest MUD's (3) LCRA Water Contract Council recessed for executive session at 4:15 p.m. and resumed its recessed meeting at 6:30p.m. 12TH YEAR CDBG PROGRAM Mayor Cooksey opened the public hearing set for 5:00p.m. on the allocation of supplemental funds for the 12th Year CDBG Program. Hortencia Rangel discussed the Sims tract. Carmen Renteria Zeke Romo also talked about the Sims tract for affordable housing. appeared and talked. Adela Macias told Council to buy the Sims tract. Frank Wright said the funds should be used for affordable housing. Al Perez, AMEDC, asked for an improvement loan program. Stanley Walker appeared for the Economic Development Commission and Robert L. Williams spoke for CDC. Motion The Council, on Councilmember Shipman's motion, Councilmember Humphrey's second, closed the public hearing. (6-0 Vote, Mayor Pro Tem Trevino absent.) ANTONE'S Mayor Cooksey announced Council would have the zoning hearing on the following and at the same time hear the appeal of Ms. June Hawley and Ms. Stella Nilsen of the Planning Commission's decision to grant a conditional use permit for 2915 Guadalupe. C14p-86-005. (1) -86 CLIFFORD J. 043 ΑΝΤONE 2915 Guadalupe Street DENY APPEAL, GRANT CONDITIONAL USE PERMIT "CS-1" ZONING WITH COVENANT THAT IN CASE OF CHANGE IN USAGE AS A NIGHT CLUB THE ZONING SHALL REVERT TO "CS", FIRST READING OF ORDINANCE From "CS" To "CS-1" RECOMMENDED subject to "CS-1" zoning being tied specifically to the current ownership & operation of Antone's. In case of of change in ownership or usage, zoning shall revert to "CS". Sexually orient- ed activities shall not be allowed.. Council Memo 11 8/21/86 Burrell Johnston, representing the applicant stated: "One point we made at the Planning Commission, I said we would provide a restrictive covenant. There seems to be a question as to whether a restrictive covenant with a rollback provision would be enforceable. I submit to you that any kind of contract that would provide that any change in Antone's, the use change if the owner would initiate the action to roll it back and would be responsible for any legal fee incurred by any neighborhood association. I submit to you that could be changed slightly and say in the form of a bond upon the initiation of such action there would be no...the enforcement of the contract is simplistic. The cost of getting it done is something else. I submit that we can provide in advance for that cost and we are willing to do that as we have been all along. The parking questions, the ordinance says 200'. Whether you walk down 30th and back is your option. There is a light there and it does control traffic and I submit that the 117 spaces, 20 over what is required, assuming they will approve this (Board of Adjustment) some of the off site places that are a few feet over the 200' limit. Clifford Antone thought, at the closing, the property was zoned "CS-1". The CS-1 on either side is clear on the map and "CS-1" on the City's zoning map goes right through here. (Indicates area on map.) .....We urge you to grant the use permit, deny the appeal and grant the zoning change for all the reasons explained." Motion Councilmember Humphrey made a motion to deny the appeal, grant the conditional use permit, and grant "CS-1" zoning and approve FIRST READING ONLY of an ordinance, Councilmember Rose seconded the motion. Councilmember Urdy asked if there is a restrictive covenant attached. Mr. Andy Martin, Assistant City Attorney, stated: "The Planning Commission recommendation is as outlined on your agenda, restricting it to the current ownership for the operation of Antone's and, in the case of change, it would revert as well as the statement concerning sexually oriented activities. Discussion ensued concerning enforceability of restrictive covenant. Mayor Cooksey asked if it would be enforceable if it said, "In case of change in usage as a night club". him it would be. Friendly Amendment j Mr. Martin told Mayor Cooksey offered a friendly amendment to make a change in the Planning Commission's language to add "in case of change in usage as a night club the zoning shall revert to "CS". Councilmembers Humphrey and Rose accepted the friendly amendment. Roll Call on Motion with Friendly Amendment 4-2 Vote, Councilmember Carl-Mitchell and Shipman voted No, Mayor Pro Tem Trevino absent, Council Memo 12 8/21/86 OAK HILL AREA STUDY POSTPONED Zoning Case No. C14-85-288, numbers 61, 69, 70, 71, 89, 89, 90, 91, 94 and 95 was postponed to August 28, 1986 at 4:00 p.m. PRE-SCHOOL NURSERY ON ENFIELD ROAD made: Mayor Cooksey announced Council would hear two appeals: - - An appeal from Mr. Walter Wendlandt of the Planning Commission's decision to approve a Special Permit limiting the enrollment to 75 children rather than 115 at 2520 Enfield Road. C14p-86-013 An appeal of the Fountainbleu owners and dwellers of the Planning Commission's decision granting a special permit for the pre-school nursery on Enfield Road. Cl4p-86-013. After hearing several people speak the following motion was Motion The Council, on Councilmember Shipman's motion, Councilmember Rose's second, closed the public hearings upheld the appeal, denied the permit on criteria b, c,e,1,1. (6-0 Vote, Mayor Pro Tem Trevino absent.) EXECUTIVE SESSION Mayor Cooksey announced Council would go into executive session pursuant to Article 6252-17, Texas Revised Civil Statutes Annotated, to discuss the setting of electric rates as listed on the agenda. RECESS Council recessed from 11:05 to 11:15 p.m. for executive session. PUBLIC HEARING - CITY'S ELECTRIC RATES Mayor Cooksey opened the public hearing set for 7:30 p.m. on setting of City's Electric Rates. The following people spoke: Frank McBee, Larry Deuser, Bob Mossman, Shudde Fath, Ed Adams and Bill Oakey. Council unanimously agreed to continue the public hearing on August 28, 1986 at 2:00p.m. ADJOURNMENT Council adjourned its meeting at 12:00 midnight