| YU AUSTIN FOUNDED 1834 Austin City Council MINUTES For December 11, 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 Pro Tem Trevino called to order the meeting of the Council, noting the absence of Mayor Cooksey. MINUTES APPROVED The Council, on Councilmember Humphrey's motion, Mayor Pro Tem Trevino's second, approved minutes for regular meetings of November 20, 1986 and December 4, 1986, and special meetings of December 3, 1986. (6-0 Vote, Mayor Cooksey absent.) CITIZEN COMMUNICATIONS ) Ms. Pat Goddard discussed the Nuckols Crossing Waste Treatment Site with regard to water filtering. Ms. Judy R. Jonas withdrew her request to speak. OLD BUSINESS - ORDINANCES The Council, on Councilmember Carl-Mitchell's motion, Councilmember Humphrey's second, amended Chapter 13-2 and 13-2A of the Austin City Code (Zoning Ordinance) to cover the following changes: (5-0 Vote, Mayor Cooksey absent, Councilmember Rose out of the room) DONALD D. REYNOLDS, 10307 RM 2222 TRS. By Richardson Verdoorn, Inc, C14r-84-471 From Interim "SF-2" to "LO" Second and third readings. First reading an June 5, 1986, (6-0). Councilmember George Humphrey absent. Conditions have been met as follows: Development restricted to that shown on site plan attached as Exhibit to the ordinance. ! i Council Memo ت 1 DENNIS & LAURIE ROMIG C14-85-288.77 2 12/11/86 8539 Thunderbird Road From Interim "SF-2" to "LO" Second and third readings. First reading on April 16, 1986, (5-0). Mayor Pro Tem John Trevino, Jr. and Councilmember George Humphrey absent. Conditions have been met as follows: Restrictive covenant incorporating conditions imposed by Council has been executed. LANDMARK FORD By Bury & Pittman C14r-85-047 11514 Research Boulevard From "LO" and Interim "SF-2" to "GR". Second and third readings. First reading on July 31, 1986, (7-0). Conditions have been met as follows: Development restricted to that shown on site plan attached as Exhibit to the ordinance. STANLEY J. WILLIAMS By John Joseph C14r-86-196 2410 East Riverside From "GR" to "CS" Drive Second and third readings. First reading on October 23, 1986, (7-0). Conditions have been met as follows: Development restricted to that shown on site plan attached as Exhibit to the ordinance. CROW-GOTTESMAN-SHAFER LIMITED PARTNERSHIP By Gail Temple C14-86-109A Westgate Boulevard (proposed), south From "SF-2" to of Loop 360 and west of U.S. Highway 290 "MF-2", "GO" & "LO" Second and third readings. First reading on October 9, 1986, (5-0). Councilmember Mark Rose abstained and Councilmember Charles Urdy out of room at roll call. Conditions have been met as follows: Development restricted to that shown on site plan attached as an Exhibit to the ordinance. Restrictive covenant incorporating conditions imposed by Council has been executed. CROW-GOTTESMAN-SHAFER LIMITED PARTNERSHIP By Gail Temple C14-86-109B Westgate Boulevard (proposed), south of Loop 360 and west of U.S. Highway 290 From "SF-2" to "GO" Second and third readings. First reading on October 9, 1986, (5-0). Councilmember Mark Rose abstained and Councilmember Charles Urdy out of room at roll call. Conditions have been met as follows: : Council Memo १.7 3 12/11/86 Development restricted to that shown on site plan attached as an Exhibit to the ordinance. Restrictive covenant incorporating conditions imposed by Council has been executed. CROW-GOTTESMAN-SHAFER LIMITED PARTNERSHIP By Gail Temple C14-86-109C Westgate Boulevard (proposed), south of Loop 360 and west of U.S. Highway 290 From "SF-2" to "MF-2 & "LO" Second and third readings. First reading on October 9, 1986, (5-0). Councilmember Mark Rose abstained and Councilmember Charles Urdy out of room at roll call. Conditions have been met as follows: Development restricted to that shown on site plan attached as an Exhibit to the ordinance. Restrictive covenant incorporating conditions imposed by Council has been executed. RUTH BOUNOUS by Kent Ferguson C14-85-323 4325 James Casey From "SF-1" to Street Second and third readings. First reading on "LO" January 9, 1986, (6-0). Mayor Pro Tem John Trevino, Jr. absent. Conditions have been met as follows: Rightof-way on James Casey Street has been dedicated by Street Deed. Letter of Credit has been posted. JAMES CASEY VENTURE I 4301 James Casey By Kent Ferguson C14-85-268 Street From "SF-3" to "LO" Second and third readings. First reading on November 7, 1985, (6-0). Councilmember Mark Rose absent. Conditions have been met as follows: Rightof-way on James Casey Street has been dedicated by Street Deed. Letter of Credit has been posted. AUSTIN'S COLONY JOINT VENTURE By Graves, Dougherty Hearon & Moody C14-86-053 Hunters Bend Road From "DR" to and FM 969 3 "SF-4A" Second and third readings. First reading on June 5, 1986, (6-0). Councilmember George Humphrey absent. Conditions have been met as follows: Right-of-way is already in place. Council Memo 4 12/11/86 (13) STEVE R. SCOTT By Minter, Joseph and Thornhill 4508 Hwy. 183 South From Interim "SF-2" to "CS" C14-85-308 (emergency passage of ordinance) Second and third readings. First reading on December 19, 1985, (6-0). Councilmember Smoot Carl-Mitchell absent. Conditions have been met as follows: Development restricted to that shown on site plan attached as an Exhibit to the ordinance. Right-of-way acquired via C.I.P. project. (14) IVA BELL FLEMING By Donna Kristaponis C14-86-091 1912 West 35th Street From "LO" to "LR" Second and third readings. First reading on July 31, 1986, (5-0). Councilmembers Mark Rose and Charles Urdy out of room at roll call. Conditions have been met as follows: Restrictive covenant incorporating conditions imposed by Council has been executed. (15) NATIONAL CONVENIENCE STORES By Kent Ferguson C14-86-074 11201-11211 I.H. 35, From "SF-2" to 2101-2105 Boca Raton Second and third readings. First reading on "LR" October 23, 1986, (7-0). Conditions have been met as follows: Development restricted to that shown on site plan attached as Exhibit to the ordinance. (16) NORTHWOOD PLAZA PARTNERS, LTD., JOE FOSTER COMPANY By Armbrust & Brown C14-86-130 2900 West Anderson Lane From "GR" to "CS-1" Second and third readings. First reading on November 13, 1986, (7-0). Conditions have been met as follows: Right-of-way on Anderson Lane has been dedicated by street deed. Restrictive covenant incorporating conditions imposed by Council has been executed. (17) HOBBY HORSE JOINT VENTURE By Jack Morton C14r-86-163 11900-12000 Burnet Road From "GO" to "GR" : Council Memo 5 12/11/86 Second and third readings. First reading on October 8, 1986, (6-0). Mayor Frank C. Cooksey absent. Conditions have been met as follows: Restrictive covenant incorporating conditions imposed by Council has been executed. (18) WEST PATTON, LID, By Aliece Minassian C14-85-288 Second and third readings. First reading on June 18, 1986, (7-0). Conditions have been met as follows: Restrictive covenant incorporating conditions imposed by Council has been executed. 7002 U.S. 290 West From Interim "RR" to "SF-6", "LR" and "GO" ITEM POSTPONED Postponed until December 18, 1986 is consideration of second and third readings of the creation of a non-profit corporation for the purpose of developing and implementing a Parkland Acquisition Program; approving articles of incorporation; approving the initial bylaws thereof; and appointing the initial directors thereof. Postponed to December 18, 1986 is consideration of the following zoning ordinances: WSLA DEVELOPMENT CORP. By Thomas J. Ellis C14-86-118 10500, 10600, 10602 From "SF-2" to 10704,10706,10900 "GR" & "CH" Pecan Park Road Third reading only. Second reading on November 6, 1986, (5-0). Mayor Frank C. Cooksey and Councilmember Smoot Carl-Mitchell absent. Conditions to be met as follows: Development restricted to that shown on site plan attached as Exhibit to the ordinance and restrictive covenant incorporating conditions imposed by Council has been executed. Right-of-way on R.M. 620 North and U.S. Highway 183 North has been dedicated by street deeds. WSLA DEVELOPMENT CORP. By Thomas J. Ellis C14-86-119 10501-12701 Pecan Park Road From "SF-2" & "DR" to "GR" & "GO" Third reading only. Second reading on November 6, 1986, (5-0). Mayor Frank C. Cooksey and Councilmember Smoot Carl-Mitchell absent. Conditions to be met as follows: Development restricted to that shown on site plan attached as Exhibit to the ordinance and restrictive covenant incorporating conditions imposed by Council has been executed. Right-of-way on R.M. 620 North and U.S. Highway 183 North has been dedicated by street deeds. Council Memo ITEMS POSTPONED 6 12/11/86 Postponed until December 18, 1986 is consideration of the following: 1. Consider approval of a contract with Sargent & Lundy Engineers, for consultant services on the repowering potential of the Seaholm Power Plant in the amount of $200,000.00. 2. 3. Consider approval of the transfer of $5,000,000.00 from Alternate Energy Projects (SN 84/12-04) to Gas Turbine Generating Units (SN 85/12-04) Consider entering into a contract with Ebasco Services, Inc. for Engineering Consultant Services for the Power Plant Cyclic Operation Study in the amount of $104,000.00. Postponed indefinitely is consideration of entering into a Pipe Line License Agreement with the Southern Pacific Transportation Company for placement of a forty eight (48") water transmission main line across SOPAC's (City of Austin) right-of-way near Loop 1 and Water's Park Road. ZONING ORDINANCE The Council, on Councilmember Urdy's motion, Councilmember Carl-Mitchell's second, waived the requirement for three readings and finally passed an ordinance amending Chapter 13-2 and 13-2A of the Austin City Code (Zoning Ordinance) to cover the following change: (5-0 Vote, Councilmember Rose out of the room, Mayor Cooksey absent.) E.C. MOWDY By Paul Scofield C14-84-409 913 E. Braker Lane From Interim "SF-2" to "NO" Heard and granted May 23, 1985, (7-0 Vote). No conditions to be met. CONSENT RESOLUTIONS The Council, on Councilmember Shipman's motion, Councilmember Humphrey's second, adopted the following resolutions all in one consent motion: (6-0 Vote, Mayor Cooksey absent.) Contracts Approved Approved the following contracts: Council Memo CBI NA-CON P. O. Box 41146 Houston, Texas GARNEY COMPANIES, INC. 12909 Dessau Road Austin, Texas 7 - - 12/11/86 CAPITAL IMPROVEMENTS PROGRAM - East Austin Reservoir, Water and Wastewater Utility Department Total $1,838,170.00 C.I.P. No. 73/22-26 CAPITAL IMPROVEMENTS PROGRAM - Research Boulevard Water Transmission Main, Water and Wastewater Utility Department Total $1,476,762.50 C.I.P. No. 82/22-16 EPA Construction Grant Approved removal of the Special Condition #16 associated with the EPA construction grant for the South Austin Regional Wastewater Treatment Plant. CARA Approved amending and renewing the contract with CARA for the period from September 15, 1986 to September 14, 1987. Travis County for Homecare Services Approved amending and renewing the Interlocal Cooperation Agreement with Travis County for Homecare Services. Contracts with City and Texas State Department of Health Approved amending the following contracts between the City of Austin and the Texas State Department of Health: a. Attachment 7 totals $123,608.00 for the counseling and investigation of sexually transmitted diseases. b. Attachment 8 transfers the supervision of a tuberculosis nurse from the State's Public Health Region 6 to AustinTravis County Health Department. Austin-Travis County Health Department Contracts Approved amending and renewing contracts between the AustinTravis County Health Department and the following: a. The Texas Medical Foundation for the period from October 1, 1986 to September 30, 1987. b. Dr. James McNabb and Dr. Sue Young for the period October 1, 1986 to September 30, 1987. Council Memo c. 8 12/11/86 Qualipharm for the period from October 1, 1986 to September 30, 1987. d. Austin Oral Surgery Society for the period of October 1, 1986 to September 30, 1987. e. Austin Urology Association for the period of October 1, 1986 to September 30, 1987. f. Neurosurgeons for the period of October 1, 1986 to September 30, 1987. Surface and Ground Water Regimes Renewed an agreement between the United States Geologic Survey of the Department of the Interior and the City of Austin for an investigation of the surface and ground water regimes (quality and quantity) in the Austin Metropolitan area. Right-of-Way for Robert E. Lee Road Approved a trade of City-owned surplus land for State-owned land needed for right-of-way for Robert E. Lee Road. Old State Fish Hatchery Lands Amended and extended the lease between the City of Austin and the State of Texas for the use of Old State Fish Hatchery lands off Barton Springs Road at Robert E. Lee Road for park and greenbelt purposes. Youth Athletics Council Approved revisions to the guidelines established for the Youth Athletics Council. EMS Authorized and approved a contract award for interlocal cooperation agreement for Professional Services for the development of Planning and Management Techniques for the Emergency Medical Services Department. Public Hearings Set Set public hearings on the following: a. Amending the Water and Wastewater Utility Service Area Amendment Ordinance (810820-B) to include areas served by the approved 1985 Water and Wastewater Revenue Bond Improvements: January 18, 1987 at 5:30 p.m. Council Memo 9 12/11/86 b. Amendments to the Austin Metropolitan Area Roadway Plan: January 22, 1987 at 6:00 P.M. c. Amendments to the Zoning and Subdivision Ordinance to: January 29, 1987 at 4:30 p.m. (1) Eliminate the prohibition of small lot subdivisions on already subdivided land. (2) Allow development of townhouses on minor residential streets in "SF-5" districts. d. Amending Chapter 13-2A (Revised Zoning Regulations) to regulate the use of private garages and the storage of inoperable vehicles on adjacent public right-of-way: February 5, 1987 at 5:30 p.m. FINANCIAL DISCLOSURE Councilmember Shipman introduced an item to consider exempting the Citizen's Committee on State Land from reporting on financial disclosure. Motion The Council, on Councilmember Shipman's motion, Councilmember Humphrey's second, approved exempting the Citizen's Committee on State Land from reporting on financial disclosure. (4-0 Vote, Councilmember Rose and Carl-Mitchell out of the room. Mayor Cooksey absent.) ANNEXATION The Council, on Councilmember Carl-Mitchell's motion, Councilmember Urdy's second, waived the requirement for three readings and finally passed an ordinance approving annexation of the following: Approximately 2,194 acres of land out of the Santiago Del Valle Grant, Springfield Section 1, of the Viewpoint at Williamson Creek Phase 1, and Smith School Road, portions of Colton-Bluff Springs Road and Unplatted land, but delete the 40 acre tract. (6-0 Vote, Mayor Cooksey absent.) CONTRACTS APPROVED The Council, on Councilmember Shipman's motion, Councilmember Carl-Mitchell's second, adopted a resolution approving the following contract: (6-0 Vote, Mayor Cooksey absent) Clifford, Inc. 83 Main Street Bethel, Vermont CAPITAL IMPROVEMENTS PROGRAM - 447 MFT of Overhead and Underground Communication Cable, Urban Transportation Department Items 1a-3d - $247,548.07 C.I.P. No. 85/88-03 Council Memo 10 12/11/86 The Council, on Councilmember Shipman's motion, Mayor Pro Tem Trevino's second, adopted a resolution approving the following contract: (6-0 Vote, Mayor Cooksey absent) UNION METAL MFG. COMPANY 709 Longco, Suite 101 Richardson, Texas Street Light Poles, General Services Department, Items 1-4 - $87,000.00 87-0011-LR DEMOLITION ORDER Council had before them for action an ordinance concerning the Building Standards Commission demolition order on the accessory structure located at 3515 Webberville Road. (Six month review in which improvements were to be made.) Motion - Died for Lack of Second Councilmember Humphrey made a motion to accept the staff recommendation and demolish the structure in 30 days. There was no second. Motion Councilmember Urdy made a motion seconded by Councilmember Shipman to extend the time of the demolition order six months to the Friendship Baptist Church to either renew or demolish the building. Councilmember Shipman said she was concerned about the City's liability in the meantime. Barney Knight, City Attorney, told her the City would not be liable for any accidents which might occur because of a condemned structure, but the City might have to spend $100,000 in court to prove it if charges were filed. Roll Call on Motion 7-0 Vote ZONING OVERSIGHT COMMITTEE REPORT Michael Curry gave the Zoning Oversight Committee Annual Report. Both Councilmembers Shipman and Rose said the committee should be renewed for another year and asked for an ordinance on next week's agenda to extend the committee to December 1987 with the same members. ARTS FUNDING PROCESS REPORT Report. Jane Wells presented the Arts Funding Process Subcommittee 1. Council Memo ENTERPRISE ZONES 11 12/11/86 The Council, on Councilmember Humphrey's motion, Councilmember Shipman's second, adopted a resolution concerning the development of enterprise zones. (6-0 Vote, Mayor Cooksey absent.) EXECUTIVE SESSION - Mayor Pro Tem Trevino announced Council would go into Executive Session pursuant to Article 6252-17, Texas Revised Civil Statutes Annotated to discuss Pending Litigation Section 2, Paragraph e. Docket No. G.U.D. 5980 relating to Valero Natural Gas RECESS Council recessed for executive session from 3:40 p.m. to 4:07 p.m. PUBLIC HEARINGS POSTPONED Mayor Pro Tem Trevino announced the public hearings set for 6:00 p.m. and 6:30p.m. would be postponed to January 29, 1987 at 6:00 p.m. and 6:15 p.m. They are Minority and Women Owned Business Procurement Ordinance; and Building Inspection Department internal audit. PUBLIC HEARING - PREVIOUSLY ANNEXED LAND Mayor Pro Tem Trevino opened the public hearing set for 3:30 p.m. on conversion of previously annexed land from interim to permanent zoning. Tracy Watson, OLDS, explained. No one else appeared to be heard. Motion The Council, on Councilmember Shipman's motion, Councilmember Carl-Mitchell's second, closed the public hearing and passed through first reading only an ordinance converting previously annexed land from interim to permanent zoning. (4-0 Vote, Councilmembers Humphrey, Rose out of the room. Mayor Cooksey absent.) CONTRACT The Council, on Councilmember Carl-Mitchell's motion, Councilmember Shipman's second, adopted a resolution approving a financing contract for miscellaneous equipment requirements in the amount of $15,070,472. (4-0 Vote, Councilmembers Humphrey and Rose out of the room, Mayor Cooksey absent.) i Council Memo ZONING HEARINGS 12 12/11/86 Mayor Pro Tem Trevino announced Council would hear zoning cases scheduled for 4:00p.m. Council heard, closed the public hearings and passed through either one or three readings on some cases and postponed one case. Action follows each case. (1) r-86 SOEBURN O. CARTER 1012 Slaughter Lane 197 By Armbrust & Brown 211 DEVELOPMENT CO. 2425-B Exposition Boulevard By Armbrust & Brown (2) -86 WESTENFIELD From "SF-2" To "LR" RECOMMENDED (as amended) FIRST READING From "CS" Το "CS-1" RECOMMENDED "CS-1" with restrictive covenant prohibiting on-site consumption. FIRST READING (On Councilmember Shipman's motion, Councilmember Carl-Mitchell's second, 5-0 Vote, Councilmember Urdy out of the room, Mayor Cooksey absent.) (3) -86 LEXINGTON 9700-10100 U.S. 290 From "DR" 188 DEVELOPMENT CO. East (North Travis 8600-9500, 5700-6500 County MUDs 1,2,3) Boyce Lane By Robert A. Moorman 9700-1200 Giles Road 5200-5700 Cameron Rd. Το "SF-2", "SF-4", "SF-6", "MF-2", "MF-3", "LR", "GR", "LO", "GO", "LI", "IP", "p" "RR" RECOMMENDED "SF-2", "SF-4", "SF-6", "MF-2", "MF-3", "LR", "GR", "GO", "LO", "LI", "IP", & "P", (Table III), subject to staff recom- mendations excepting conditions 1, 2, & 3 (these will be addressed in consent agreement); tracts A-5 and A-8 in consent agreement); tracts A-5 and A-8 shall not be restricted against retail use; and subject to the consent agreement. provisions for the T.I.A. to determine cost participation for roadway improvements POSTPONE 12/18/86 - OLD BUSINESS 1 Council Memo 13 9907 Anderson Mill (4) -86 ROBERT J. WILSON, TRUSTEE 215 By Jean Bringol Road 12/11/86 From "DR" To Τr. 1 "SF-2" Tr. 2 "MF-2", Tr. 3 "SF-6" RECOMMENDED (as amend- ed) subject to retire- ment housing use only; strict adherence to Compatibility Stan- dards, DRAINAGE PLANS, and the provision of street access to eastern property line via the proposed ex- tension of Greenhill Drive. Waiver from Northwest Plan density restrictions included as part of motion. FIRST READING (On Councilmember Carl-Mitchell's motion, Councilmember Rose's second, 5-0 Vote, Councilmember Urdy out of room, Mayor Cooksey absent. (5) -86 HELEN FENDER 231 AREND By William Clarke Howard 614 E. Oltorf Street From "LR" To "GR" RECOMMENDED (as amend- ed) grant "GR" subject to restaurant use only and "LR" development regulations as well as dedication of up to 45' of right-of-way from the center line of East Oltorf Street. EMERGENCY PASSAGE OF ORDINANCE DELETE RIGHT-OF-WAY REQUIREMENT Motion Councilmember Shipman made a motion, seconded by Councilmember Rose to approve. Motion passed by a 5-0 Vote, Councilmember Urdy out of the room, Mayor Cooksey absent.) Motion to Reconsider Councilmember Rose made a motion, seconded by Mayor Pro Tem Trevino to reconsider. Motion passed by a vote of 4-0 with Councilmember Humphrey and Shipman out of the room, Mayor Cooksey absent. こ Councilmember 14 Motion 12/11/86 The Council, on Councilmember Carl-Mitchell's motion, Councilmember Rose's second, closed the public hearing, waived the requirement for three readings and finally passed, as an emergency, an ordinance to include deleting the right-of-way requirement. (5-0 Vote, Councilmember Shipman out of the room, Mayor Cooksey absent.) SITE PLANAS CONDITION OF ZONING a. Recommended by the Planning Commission, As Requested: (1) r-85 LARRY PEEL 091 By Kristaponis, Gregory & Assoc. 5331 Mesa Drive, also bounded by Dry Creek Drive Park West Condominiums, 148 units Existing Zoning "I-RR" Pending Zoning "SF-6" RECOMMENDED ORDINANCE PASSAGE PLANNING COMMISSION RECOMMENDATION, SITE PLAN APPROVED SUBJECT TO DEPARTMENT RECOMMENDATION AND ORDINANCES Prior to the beginning of the hearing of this case, Councilmember Rose made the following statement: "When this case was originally heard by the Council on first reading in July of 1985 we were operating under what is now the old Ethics Ordinance. In September of this year a new Ethics Ordinance came into effect. It has been called to my attention that there is a clause or provision in the Ethics Ordinance that the City Attorney, in his opinion, will prevent me from voting on this case. Without speaking to the merits of the case...let me say I frankly believe this is a section of the ordinance that we are going to need to change, but nevertheless in the opinion of the City Attorney I should not be able to vote. The specific provision is that a 'City official or employee may not participate in a vote or a decision on a matter affecting a person, entity or property in which the official has a substantial interest'. This case is very close to my house, in which obviously I have a substantial interest in and it is, at least today, valued at more than $5,000.00. The second clause which catches me is that, and affected in the case of a person or property means reasonably likely to be subject to a direct economic effect or consequence, either positive or negative as a result of the vote or decision in question'. Which means the question would be would the vote on this case have a direct economic benefit whether it be positive or negative. What concerns me and concerned Jonathan Davis and Barney Knight can amplify this, the following clause which says, 'the vote or decision need not be the only producing cause of the economic effect or consequence reasonably likely to result in determining whether a person, entity or property is or was affected by a vote or decision it shall not be necessary to prove the Council Memo 15 12/11/86 actual existence or occurrence of an economic effect or consequence if such effect or consequence would be reasonably expected to exist to occur'. What this means is, even though I am well outside the 300' notification, just because somebody believes that I am in the neighborhood, and I voted on this case, then in my opionion, they could come down and file a claim on me and therefore, I cannot and will not vote on the matter. I think that needs to be changed, although this is in my neighborhood and when they did the appraisal on my house they did take samples from the general area. I frankly think there needs to be some type of distance or further definition other than just Councilmembers being held out with, 'well, it's in the neighborhood and it could have affected the value of your property, I don't have to prove it I can just think that and file a claim' And, based on that, I am not going to be able to vote on this case." " Councilmember Rose then asked Barney Knight, City Attorney to discuss this. Mr. Knight stated, "I can't amplify on that, you did an excellent job, Mr. Rose. The language is very broad and exposes members of Council to criticism, if you will, under very vague circumstances and I don't know that I can amplify on that language and be any more specific than the language itself. It is very broad. somebody can make an allegation and then does not have to establish that there was any economic impact one way or the other...that's awfully broad." ------------------ ------ When Speakers at the zoning hearing were Donna Kristaponis, Larry Peel, Ruth Chang, Shirl Cook, Harold Burnet, Margie Gentry, Drew West, Irene Friedney, Gordon Hanson, John Johnson and Naomi Lattrel. (On Councilmember Carl-Mitchell's motion, Councilmember Urdy's second, 5-0 Vote, Councilmember Rose abstained and Mayor Cooksey absent.) RECESS Council recessed from 6:10 p.m. to 6:40 p.m. PUBLIC HEARING - DEDICATION OF EASEMENTS Mayor Pro Tem Trevino opened the public hearing on dedication of easements. No one appeared to be heard. Motion The Council, on Councilmember Carl-Mitchell's motion, Councilmember Rose's second, closed the public hearing, waived the requirement for three readings and finally passed an ordinance as follows: (5-0 Vote, Councilmember Shipman out of the room, Mayor Cooksey absent.) Council Memo 16 12/11/86 Dedication of (a) a twenty foot (20') Sanitary Sewer Easement along with a thirty-five foot (35') Temporary Construction Easement, (b) a fifteen foot (15') Access Easement in connection with the Onion and Boggy Creek Westewater Interceptors; and (c) a thirty foot (30') and seventy foot (70') temporary easements for South Municipal District across Onion Creek Greenbelt. PUBLIC HEARING - APPEAL Mayor Pro Tem Trevino opened the public hearing set for 5:00 p.m. on an appeal from Mr. George Villalva of the denial of a Waterway development Permit No. 86-09-4834 for Capital Metro bus operations and maintenance facility expansion located at 505 East Valley Road. No one appeared to be heard. Motion The Council, on Councilmember Carl-Mitchell's motion, Councilmember Rose's second, closed the public hearing and upheld the appeal. (5-0 Vote, Councilmember Shipman out of the room, Mayor Cooksey absent.) HEARING POSTPONED The applicant requested postponement of the 5:00p.m. public hearing on amending the Water and Wastewater Service Area Ordinance No. 810820-B to include property known as Westview on Lake Austin, Phase B. ? PUBLIC HEARING - AIDS ORDINANCE Mayor Pro Tem Trevino opened the public hearing on the AIDS Anti-Discrimination Ordinance. The following people spoke: Dr. Charles Alexander Mike Anzalone, Karin Bonicaro, Barbara Cilley, John Darrouzet, Terry Delzeit, Tom Doyal, Bill Foster, Howard Funchess, Margie Gentry, Trudell Green, Jack D. Heacock, Sam Hoerster III, Steve Hosford, Jim Harrington, Charles Jones, Robert LaCoste, Lavoy Lambert, Linda Larson, Glen Maxey, Nick Neckel, Mary Mobley, Steve Oncken, Rev. George Price, Jim Perdue, Dennis Scroggins, Lori Simpson, Bob Simpson, Dr. Tom Smith, David Sodke, Caroline Scott, Rev. Scottie Shelton, Frank Stenger, Hank Thompson, Ramona Thompson, Dan Rawlins, Virginia Raymond, Emily Untermeyer, Jim Webster, Diana Webster, Rebeca Winters, William Womack, Joanna Zumbrum, Phil Zyblot. Motion The Council, on Councilmember Shipman's motion, Councilmember Rose's second, closed the public hearing, waived the requirement for three readings and finally passed an AIDS Anti-Discrimination Ordinance. (6-0 Vote, Mayor Cooksey absent.) Council Memo ACTION POSTPONED 17 12/11/86 Postponed to January 22, 1986 at 5:30 p.m. is action on denial of license agreement to allow the encroachment of a rock wall and fence, rock driveway, electric gates and light standards into the public right-of-way at 1304 Alta Vista. ADJOURNMENT Council adjourned its meeting at 9:32 p.m.