| ! 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 TY OF AUSTIN FOUNDED 1920 Austin City Council MINUTES For FEBRUARY 5, 1987 1:00 P.Μ. Council Chambers, 307 West Second Street, Austin, Texas Memorandum To: sume Mayor Cooksey called to order the meeting of the Council, noting the absence of Councilmember Urdy, who arrived in the Council Chamber late in the afternoon. CITIZENS COMMUNICATIONS Ms. "T" Galyean discussed Office on Aging for AustinTravis County. Mr. Gary Johnson talked about affordable housing bond election. Robert Hejl discussed City's intent to install power lines on his property. Mr. Charles Wendlandt discussed problems regarding zoning at 1198 Airport Boulevard. Mr. Sam Griswold talked about the Robert Mueller Airport and Council recall movement. Baker Jr. discussed Austin Transportation Study Plan. ARTS COMMISSION REPORT Roger Ms. Gladys Winetroub presented the Arts Commission Report on Cultural Contract Bed Tax Funding ITEMS POSTPONED Postponed to February 12, 1987 is consideration of third reading of an ordinance creating a non-profit corporation for the purpose of developing and implementing a Parkland Acquisition Program; approving articles of incorporation; approving the initial bylaws; and appointing the initial directors thereof. Postponed to February 19, 1987 is consideration of third reading of an ordinance providing for the subdivision of duplexes and establishing zoning for subdivision duplexes. Council Memo 2 2/5/87 Postponed to March 12, 1987 is second reading of Zoning Ordinance for case C14-86-043, Clifford J. Antone. Postponed indefinitly is second and third readings of the Minority and Women Owned Business Procurement Ordinance. (More research needs to be done.) Postponed to February 12, 1987 is a resolution to authorize the City Manager to execute a contract providing with Travis County for continued 911 service. for joint participation To be brought back February 19, 1987 is consideration of Council directions to staff regarding processing amendments to the Austin Metropolitan Area Roadway Plan. Postponed to February 12, 1987 are items from Council to consider staff implementation of the resolutions regarding permitting for the waste-to-energy plant; the resolution supporting a cooperation agreement between the City of Austin and the University of Texas regarding the Blackland Neighborhood; and consideration of the STP Cancellation Campaign RFP. Postponed to March 5, 1987 is public hearing on an appeal of the Building Standards Commission order of vacation and repair or demolition of the structure located at 3200 Beverly Road. OLD BUSINESS - ORDINANCES Zoning Ordinances The Council, on Councilmember Rose's motion, Councilmember Carl-Mitchell's second, passed through second and third readings, second readings only or third readings only of the following zoning ordinances amending Chapter 13-2 and 13-2A of the Austin City Code to cover the following changes: (6-0 Vote, unless otherwise indicated, Councilmember Urdy absent) BOBBY F. HUDSON, ET AL 2915 East 12th C14-86-228 From "SF-3" to "GR" Second and third readings. First reading on January 8, 1987, (7-0). Conditions have been met as follows: Restrictive Covenant incorporating conditions imposed by Council has been executed. LOTS 51 & 52 JOINT VENTURE By T.L. Irion Cl4r-85-296 2405 and 2409 RM 620 North From Interim "SF-2" to "GR" Second and third readings. First reading on February 20, 1986, (6-0 Vote, Councilmember Rose out of the room at roll call) Conditions have been met as follows: Restrictive Covenant incorporation conditions imposed by Council has been executed. Right-of-way on RM 620 has been dedicated by Council Memo 3 street deed. Development restricted to that shown on site plan attached as an Exhibit to the ordinance. WM TERRY BRAY, TRUSTEE By City of Austin C14-86-135 2/5/87 Intersection of Proposed Parmer Lane & proposed Lakeline Boulevard From "SF-4" to "LR" & "MF-1" Second and third readings. First reading on July 31, 1986. (7-0) Conditions have been met as follows: Restrictive Covenant incorporating conditions imposed by Council has been executed. VCMS INVESTMENTS By Kristaponis, 12099-12155 North I.H. 35 From Interim "SF-2" to "GO" & "p" Gregory and Associates C14r-85-312 5-1-0 Vote, Councilmember Shipman voted NO and Councilmember Urdy absent. Third reading only. Second reading on January 29, 1987, (5-1-0). Councilmember Shipman voted No, Councilmember Carl-Mitchell absent. Conditions have been met as follows: Restrictive Covenant incorporating conditions imposed by Council has been executed. MOLLY CONNER OGORZALY By Robert S. Ogorzaly C14-86-051 4812 Rowena From "SF-3" to "SF-5" Second reading only. First reading on June 26, 1986, (4-3). Mayor Cooksey, Councilmembers Rose and Shipman voted No. Conditions have been met as follows: Restrictive covenant incorporating conditions imposed by Council has been executed. 5-1-0 Vote, Councilmember Shipman voted NO and Councilmember Urdy absent. WC II LIMITED By Tom Curtis C14-86-033 5391,5305, 5311 From "SF-3" & 5407 & ff01 George "SF-6" to "MF-1" Street, 5711 Stassney Lane & 5304 Jimmy Clay Drive Third reading only. Second reading on January 29, 1987, (6-0). Councilmember Carl-Mitchell absent. Conditions have been met as follows: Restrictive covenant incorporation conditions imposed by Council has been executed. CONSENT RESOLUTIONS The Council, on Councilmember Carl-Mitchell's motion, Councilmember Humphrey's second, adopted the following resolutions in one consent motion: (5-0 Vote, Councilmember Shipman out of the room Councilmember Humphrey absent) : 1 Council Memo Release of Easements 4 Authorized release of the following easement: a. 2/5/87 A portion of a 10' Public Utility Easement on the common lot line of Lots 1 and 3, Block "B", South Town Plaza Amended; and the 10' Public Utility Easement on the common lot line of Lots 3 and 4, Block "B", South Town Plaza Amended, 2801 IH 35 South. (Request submitted by L.M. Holder III, Architects, Inc., on behalf of Texas Insurance Advisory Association) b. The Sidewalk Easement of record in Volume 8133, Page 774, (Request c. of the Travis County Real Property Records. submitted by the Transportation and Public Services Department.) A portion of a 12.5' Drainage Easement of record in Volume 5646, Page 1564, Travis County Real Property Records and located on Lot 4, Block "F", Woodcliff Amended, 11112 Wandering Way. (Request submitted by Michael D. Bell) Capital Improvements Program Approved acquisition of a 4,803.36 sq. ft. tract of land for the U.S. Highway 183 Expansion Project: C.I.P. No. 85/62-01. Approved acquisition of a 8.592 acre (374,255.547 sq. ft.) tract of land for the purpose of U.S. Highway 290/S.H. 71 right-ofway. C.I.P. No. 85/62-02 Approved selection of architectural services in connection with the Transfer Station/Recycling Processing Facility (contract to Austin Design Associates); and the Replacement of First Station No. 17, (contract to Carter Design Associates). Approved the proposed supplemental amendment to the Professional Services Agreement between the City of Austin and Black & Veatch Engineers-Architects, for additional professional services during the design phase of Water Treatment Plant No. 4. C.I.P. No. 85/22-27 Change Orders a. b. Approved of the following change orders: In the amount of $138,789,.00 to AUSTIN POWER, INC., for the Albert H. Ullrich Water Treatment Plant Expansion. (1.018 increase of the original contract amount of $13,647,000.00Total change orders to date equal 2.738) C.I.P. No. 73/22-98 In the amount of $43,500.01 to AUSTIN ROAD COMPANY, for the C.D.D. #12, Phase I. (11.93% increase of the original contract amount of $364,394.10) C.I.P. No. 76/62-15 Council Memo 5 2/5/87 c. d. e. In the amount of $52,864.00 to AUSTIN ROAD COMPANY, for Montopolis Drive Improvements. (3.29% increase of the original contract amount of $1,603,558.40 - Total change orders to date equal 10.018) C.I.P. No. 78/62-09 In the amount of $93,384.37 to GARNEY COMPANIES, INC., for the Davis Water Treatment Plant Transmission Main Phase V Project. (4.11% increase of the original contract amount of $2,273,150.00) C.I.P. Nos. 85/22-41 & 85/22-27 In the amount of $95,041.31 to CAPITOL CITY UTILITIES, INC., for the Southeast Austin Transmission Main/Ben WhiteMontopolis-Stassney Lane Route. (8.95% increase of the ori- ginal contract amount of $1,061,570.00) C.I.P. No. 85/22-05 Contracts Approved a. b. c. Approved the following contracts: GRAYBAR ELECTRIC COMPANY 7434 North Lamar Austin, Texas SUMMERS ELECTRIC COMPANY 3910 South Industrial Drive, Suite 100 Austin, Texas R. P. KINCHELOE COMPANY 3851 Airport Boulevard, Suite 108 Austin, Texas - - - Electrical Building Wire, General Services Department Twelve (12) Month Supply Agreement Items 1-42-$79,345.00 87-0052-OM Electric Standard Building Maintenance Materials, Electric Utility Department Twelve (12) Month Supply Agreement Items 126- $27,834.00 87-0040-CM Fluoroscopic Radiographic Radiology Equipment, Brackenridge Hospital Twelve (12) Month Maintenance Agreement Total $120,180.00 BC7-058 Conservation Service Audits Approved with CPN Energy Management Services, Inc. and Planergy, Inc. for a nine month contract for residential conservation service audits, in the amount of $932,500.00. Interlocal Agreement Approved of an interlocal agreement with the cities of Georgetown, Round Rock and Pflugerville, Williamson County and Travis County, and the abandoned -- alan teen Austin and George the Capital Metropolitan Transportation Authority for the purchase of Georgetownе Council Memo City Pole Rental 6 2/5/87 Approved of a request by Cablevision of Lake Travis, Inc. for consent to transfer the rights of the City Pole Rental Agreement to a successor named J.R. King Enterprises. Travis Settlement MUD Approved an Assignment of Rights under agreement concerning creation and operation of Travis Settlement Municipal Utility District. Texas Commission on the Arts Authorized submission of an application for a Texas Commission on the Arts grant in the amount of $50,000.00 to be used to assist local minority arts organizations in raising their managerial expertise and fundraising abilities. Literacy Training Authorized submission of a grant application to the Department of Education for $25,000.00 to expand literacy training in the Austin Public Library. Greater Austin Organized Crime Unit Adopted a resolution supporting the application to continue the participation of the Austin Police Department in the Greater Austin Organized Crime Unit through the State of Texas, Governor's Office, Criminal Justice Division. Juvenile Delinquency Prevention Adopted a resolution supporting the application to continue the Juvenile Delinquency Prevention Through Crisis Intervention Program through the State of Texas, Governor's Office, Criminal Justice Division. Affirmative Action Task Force Approved extending the deadline for the Affirmative Action Plan Task Force to complete the revision to the City's Affirmative Action Plan. Hearing Officer - Austin Cable Vision Approved the schedule, process, procedures, hiring of hearing officer and expert witnesses for Austin Cable Vision's request for modification hearing. Council Memo CIVIC CENTER PROJECT 7 2/5/87 Council had before them for consideration a resolution to approve an RFP to solicit services for the Civic Center Project. (COMPLETE TRANSCRIPT OF DISCUSSION IS ON FILE IN THE CITY CLERKS' OFFICE) Motion Councilmember Rose made a motion, seconded by Councilmember Carl-Mitchell to adopt the RFP for the Civic Center Project. Councilmember Shipman stated: "Before there's any discussion on the RFP, I will be abstaining on this matter. As I stated a few weeks ago my husband's employer will likely respond to the RFP. I do not feel comfortable voting on the criteria in the RFP for that reason and so I am choosing to abstain." Friendly Amendment Councilmember Rose offered a friendly amendment to the RFP by inserting the following language. his amendment. Councilmember Shipman seconded The area selected has been designated as the west end civic center planning district and the east end civic center planning district. Both are located in the Central Business District. The west end is bounded by 1st Street on the south, Lamar Boulevard on the west, 5th Street on the north and Congress Avenue on the east. The east end district is bounded by 1st Street on the south, Congress Avenue on the west, 6th Street on the north and Interstate 35 Highway on the east. A map showing the location of both districts is reproduced in attachment "B". I offer that as an amendment. Roll Call on Friendly Amendment 4-2 Vote, Mayor Pro Tem Trevino and Councilmember Humphrey voted No, Councilmember Urdy absent. Friendly Amendment Councilmember Humphrey offered a friendly amendment that the project manager be just that, and the architect and financial people report to the project manager. The amendment was seconded by Mayor Pro Tem Trevino. Motion passed by a vote of 4-0 with Councilmembers Shipman, and Carl-Mitchell out of the room, Councilmember Urdy absent. Council then went over their copies of the revised RFP, making amendments, which were accepted without a vote. See transcript for specifics. Motion The Council, on Councilmember Rose's motion, Councilmember Council Memo 8 2/5/87 Humphrey's second, included all amendments approved by Council, to be in the RFP. (5-0 Vote, Councilmember Urdy absent and Councilmember Shipman out of the room.) Roll Call on Main Motion To Adopt the RFP 5-0 Vote, Councilmember Shipman out of the room, Councilmember Urdy absent. MEDICAL STAFF AT BRACKENRIDGE HOSPITAL The Council, on Councilmember Shipman's motion, Councilmember Carl-Mitchell's second, waived the requirement for three readings and finally passed an ordinance amending Section 6-3-43 of the Austin City Code of 1981, as amended, by requiring that initial appointments and reappointments to the medical staff of Brackenridge Hospital and all changes in medical staff clinical privileges shall be made pursuant to the bylaws of the medical staff of Brackenridge Hospital. (6-0 Vote, Councilmember Urdy absent) Council Memo PUBLIC HEARING - 9 2/5/87 AMENDMENTS TO THE AUSTIN METROPOLITAN AREA ROAD PLAN Mayor Cooksey opened the public hearing set for 3:30 p.m. on amendments to the Austin Metropolitan Area Road Plan, which was a continuation of a public hearing from January 22, 1987. Motion The Council, on Councilmember Carl-Mitchell's motion, Councilmember Shipman's second, approved amendments to the Austin Metropolitan Area Road Plan concerning Slaughter Lane, Arterial 7, Lime Creek Road, Springdale Road, Southwest Parkway, and Riverside Drive. (6-0 Vote, Councilmember Urdy absent.) Council next discussed the alignment of Parmer Lane. Those appearing for the discussion were Terry Bray, Ann Seaman, Chuck Spier, Joan Caldorola, Leroy Blair, Dennis Haverlauf, Bob Price, Bob Kizer and Linda Nieman. Motion Councilmember Shipman made a motion to postpone decision on Parmer Lane for 30 days. Motion was seconded by Councilmember CarlMitchel1. Substitute Motion Councilmember Rose made a motion, seconded by Councilmember Rose to postpone the alignment of Parmer Lane decision for two weeks. Motion Withdrawn Councilmember Shipman withdrew her motion to postpone for 30 days and Councilmember Carl-Mitchell withdrew his second. Motion Councilmember Shipman made a motion, seconded by Councilmember Humphrey to uphold the recommendation of the Planning Commission and Urban Transportation Commission and maintain the decision on the alignment of Parmer Lane made one year ago. Motion Withdrawn Councilmember Shipman withdrew her motion concerning upholding Councilmember Humphrey withdrew his second. recommendation. Roll Call 7-0 Vote on motion to postpone decision for two weeks. (February 19, 1987) Council Memo ECONOMY ENERGY 10 2/5/87 The Council, on Councilmember Rose's motion, Councilmember Carl-Mitchell's second, adopted a resolution approving entering into short-term agreements with other utilities to purchase or sell economy energy. (5-0 Vote, Mayor Pro Tem Trevino, Councilmembers Humphrey and Shipman out of the room) 12TH YEAR CDBG PROGRAM The Council, on Mayor Cooksey's motion, Councilmember CarlMitchell's second, adopted a resolution to award contracts for the Housing and Economic Development Fund sponsored by the 12th Year CDBG Program as follows: (4-2 Vote, Mayor Pro Tem Trevino, Councilmember Rose voted No, Councilmember Urdy out of the room.) $ 50,000 50,000 350,000 EXECUTIVE SESSION National Business League Urban League Joint Venture Neighborhood Assn. Transfer $100,000 from the contingency fund. Mayor Cooksey announced Council would enter into Executive Session pursuant to Article 6252-17, Texas Revised Civil Statutes Annotated, to dicuss matters of land acquisition, litigation, and for personnel matters. No final action, decision or vote by the City Council will be taken on any subject or matter unless specifically listed on the agenda for this meeting. 1. Pending Litigation Section 2, Paragraph e (a) Water Treatment Plant #4 (b) City of Austin v. Houston Lighting & Power 2. Land Acquisition - Section 2, Paragraph f (a) Review contract terms and proposals on lease purchase of Sumiken Building. (b) Consider lease/purchase negotiations on lease (c) consolidation project. Consider lease/purchase negotiations on the Avante Building. 3. Personnel Matters and Performance Issues. RECESS Council recessed its meeting at 8:58 p.m. and resumed its meeting at 11:05 p.m. : : Council Memo PUBLIC HEARING - 11 2/5/87 HILLS OF ONION CREEK WATER & WASTEWATER SERVICE Mayor Cooksey opened the public hearing set for 4:30p.m. on amending the Water and Wastewater Service Area Ordinance (810820-B) to include property known as Hills of Onion Creek. Jim Thompson, Director of Water and Wastewater, said this is an appropriate amendment. Motion The Council, on Councilmember Carl-Mitchell's motion, Councilmember Shipman's second, closed the public hearing, waived the requirement for three readings and finally passed an ordinance amending the Water and Wastewater Service Area Ordinance (810820-B) to include property known as Hills of Onion Creek. (5-0 Vote, Mayor Pro Tem Trevino and Councilmember Humphrey out of the room) PUBLIC HEARING - ROADWAYS Mayor Cooksey opened the public hearing set for 5:00 p.m. on amending Chapter 13-2A Section 1305 and 1307, to add Jolleyville Road and Arterial 8 as principal roadways, and designating Arterial 8 and Spicewood Springs Road as scenic arterials. George Zapalac gave a report. Motion The Council, on Councilmember Shipman's motion, Councilmember Carl-Mitchell's second, closed the public hearing, waived the requirement for three readings and finally passed an ordinance amending Chapter 13-2A Section 1305 & 1307, to add Jolleyville Road and Arterial 8 as principal roadways and designated Arterial 8 and Spicewood Springs Road as Scenic Arterials. (5-0 Vote, Councilmember Humphrey and Mayor Pro Tem Trevino out of the room.) PUBLIC HEARING - USE OF PRIVATE GARAGES Mayor Cooksey opened the public hearing set for 5:30 p.m. on amending revised zoning regulations to regulate use of private garages. No one appeared to speak. Motion The Council, on Councilmember Carl-Mitchell's motion, Councilmember Shipman's second, closed the public hearing, waived the requirement for three readings and finally passed an ordinance amending Chapter 13-2A (Revised Zoning Regulations) to regulate the use of private garages and the storage of inoperable vehicles on adjacent public rightof-way. (5-0 Vote, Mayor Pro Tem Trevino and Councilmember Humphrey out of the room.) Council Memo PUBLIC HEARING 12 - BUILDING INSPECTION INTERNAL AUDIT 2/5/87 Mayor Cooksey opened the public hearing set for 6:15 p.m. on Building Inspection Department Internal Audit. Steve Klepper addressed Council by saying "This report on Buiiding Inspection audit is part of the City's Program Analysis and Evaluation Ordinance."(REPORT IS ON FILE IN CITY CLERKS' OFFICE) Speakers at the hearing were Bennie Hawkins, AISD; Chartier Newton, AIA; and Mike Heitz. Motion The Council, on Councilmember Carl-Mitchell's motion, Councilmember Shipman's second, closed the public hearing. (5-0 Vote, Mayor Pro Tem Trevino and Councilmember Humphrey out of the room.) ZONING HEARING Mayor Cooksey announced Council would hear the following zoning case. Council heard, closed the public hearing and passed through FIRST READING ONLY an ordinance covering the following changes: -86 DAVIS SMITH 201 INVESTMENTS By Charles C. Smith 2001 LaCasa From "SF-3" To "LO" NOT RECOMMENDED RECOMMENDED "NO" subject to no access to South Lamar Blvd. and dedication of up to 60' of right-of-way from the centerline of Lamar Boulevard. FIRST READING (On Councilmember Shipman's motion, Councilmember Carl-Mitchell's second, 4-1-0 Vote, Councilmember Urdy voted No, Mayor Pro Tem Trevino and Councilmember Humphrey out of the room.) PAY EQUITY TASK FORCE The Council, on Councilmember Shipman's motion, Councilmember Carl-Mitchell's second, appointed the following as members of the Pay Equity Task Force: (5-0 Vote, Councilmember Humphrey and Mayor Pro Tem Trevino out of the room) Cynthia Spurgeon, Wendell Bingham, Beth Paulin, Brian GrahamMoore, Arsinel Lainantis, Carol Guthry, Donna Green, Glenna Balch, Betty Mayor, Steve Leder, Eric Boone, Eddie Reeves and Sam Guzman Council Memo MINUTES APPROVED 13 2/5/87 The Council, on Councilmember Carl-Mitchell's motion, Councilmember Rose's second, approved minutes for regular meeting of January 29, 1987 and special meeting of January 27, 1987. (5-0 Vote, Mayor Pro Tem Trevino and Councilmember Humphrey out of the room) SUSTAINABLE INDUSTRIES PROPOSAL The Council, on Councilmember Carl-Mitchell's motion, Councilmember Shipman's second, approved an RFP for the Sustainable Industries Proposal. (4-0 Vote, Mayor Pro Tem Trevino, Councilmembers Humphrey and Urdy out of the room) LEGISLATIVE UPDATE 1 The City Manager Report on Legislative Update was not given. ADJOURNMENT Council adjourned its meeting at 12:13 Д.т. m.