! TY OF FOUNDED 181 Austin City Council MINUTES For February 12, 1987 - 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 presence of all Councilmembers. CITIZEN COMMUNICATIONS Harry Nolen did not appear. Roger Baker Jr. talked about Austin Transportation Study Plan. Dave Dobbs talked about transportation. Sheila B. Filomena did not appear. Veon McReynolds talked about affordable housing in the Blacklands Neighborhood. Dr. Ralph M. Smith discussed growth of the Hyde Park Baptist Church. Hollis F. Baker discussed bonding requirements for sign companies. Glenn Scott, Al Bega and Bill Steele did not appear. ITEM POSTPONED Postponed indefinitely, by Council, was third reading of an ordinance creating a non-profit corporation for the purpose of developing and implementing Parkland Acquisition Program; approving the articles of incorporation; approving the initial bylaws; and appointing initial directors thereof. OLD BUSINESS ZONING ORDINANCES The Council, on Councilmember Carl-Mitchell's motion, Councilmember Humphrey's second, passed through second and third readings of ordinances amending Chapter 13-2A of the Austin City Code (Zoning Ordinance) to cover the following changes: (7-0 Vote, unless otherwise indicated) L ALLAN GRAHAM By Steve Harris C14-86-214 1006 Yager Lane From "SF-4" to "GR" & "CS-1" EMERGENCY PASSAGE OF ORDINANCE Council Memo 2 2/12/87 Second and third readings. First reading on December 4, 1986, 5-0. Mayor Pro Tem Trevino and Councilmember Urdy out of the room at roll call. Conditions have been met as follows: Restrictive covenant incorporating conditions imposed by Council has been executed. HORIZON INVESTORS, LTD. By Doyle Wilson C14-86-050 5616-5822 RM 620 N. & Comanche Trail From "DR" to "SF-6", "LO", "CS-1" & "GR" Second and third readings. First reading on August 7, 1986, 5-2. Mayor Cooksey and Councilmember Shipman voted No. Conditions have been met as follows: Restrictive covenant incorporating conditions imposed by Council has been executed, (5-2 Vote, Mayor Cooksey and Councilmember Shipman voted No.) 1100 West Avenue JAMES W. & PHYLLIS THOMAS By Joyce Campbell C14-86-075 From "MF-4" to "LO" i Second and third readings. First reading on June 26, 1986, 7-0. Conditions have been met as follows: Restrictive covenant incorporating conditions imposed by Council has been executed. CONSENT ORDINANCES The Council, on Councilmember Rose's motion, Councilmember Humphrey's second, waived the requirement for three readings and finally passed the following ordinances in one consent motion. (7-0 Vote) North Central Austin Growth Corridor MUD No. 1 Approved issuance of $940,000 Waterworks and Sewer System Combination Unlimited Tax and Revenue Bonds, Series 1987 by North Central Austin Growth Corridor Municipal Utility District No. 1. Carnival Activity Approved waiving Section 8-3-56(c)(12) of the City Code regarding the requirement that any carnival activity be conducted at least 1,000 feet from any property developed for residential use. Ombudsman Approved amending the Ethics Ordinance to provide for the appointment of the ombudsman by the City Clerk. Moore's Crossing Amended the description of land to be included in Moore's Crossing MUD. Council Memo 3 2/12/87 ITEMS POSTPONED Postponed until February 19, 1987 is consideration of approval and execution of documents pertaining to the acquisition and leasing of a building for the Electric Utility Department including approval of an official statement and purchase agreement. Postponed to February 19, 1987 is consideration of authorization to determine the route of, acquire easements and fee titles for, and construct Circuit 3125, Lytton Springs to Trading Post. Postponed indefinitely is approval of a contract with United Aerial Mapping, Inc. (RFP) for Aerial Photography, Survey and Mapping. Services in the amount of $2,000,000.00 for the Electric Utility and the Transportation and Public Services Departments. Postponed was consideration of a resolution introduced by Mayor Cooksey to consider supporting a cooperation agreement between the City of Austin and the University of Texas regarding the Blackland Neighborhood. Postponed indefintely was consideration of the STP Education Campaign RFP. CONSENT RESOLUTIONS The Council, on Mayor Pro Tem Trevino's motion, Councilmember Rose's second, adopted the following resolutions all in one consent motion: (7-0 Vote) Capital Improvements Program Approved aquisition of a drainage easement for the Industrial Streets South Improvements Project. C.I.P. No. 85/62-62 Authorized eminent domain proceedings to acquire in fee simple certain lands for certain projects described as follows: C.I.Р. No. 84/23-22 a. A 7,542 square foot tract of land out of the J. C. Tannehill League Survey No. 29 of Travis County, Texas. Easement to be acquired for a water line for East Austin Transmission Main Phase I Project. b. A 3,523 square foot tract of land out of a 2.113 acre tract of land and a 17,106 square foot tract of land out of a 11.824 acre tract of land, both in the William Cannon League of Travis County, Texas for a Wastewater Interceptor Easement and a Temporary Access Easement and Temporary Working Easement. Council Memo 4 2/12/87 c. d. e. f. A 0.453 acre tract of land out of a 1.01 acre tract of land out of the Thomas Anderson League of Travis County, Texas to be acquired in fee for U.S. 290 Improvement Project. A 4,651 square foot tract of land out of Lots 18 thru 21 inclusive of the Glenview Addition to the City of Austin, Travis County, Texas, to be acquired in fee for the 35th Street Improvement Project. An 8.4425 acre tract of land out of the Santiago Del Valle Grant No. 24, City of Austin, Travis County, Texas, to be acquired in fee for the Stassney Lane Improvement Project. A 2.433 acre tract of land out of the T. M. Fowler Survey No. 20 Abstract No. 2162 of Travis County, Texas, to be acquired in fee for the Parmer Lane Project. Approved the following Change Orders: a. In the amount of $108,800.00 to CLEARWATER CONSTRUCTORS, INC., for the Walnut Creek Wastewater Treatment Plant Improvements Project. (1.16% increase of the original contract amount of $9,347,000.00 - Total changes to date 9.39%) C.I.P. No. 73/23-83 b. In the amount of $34,072.60 to O'NEAL CONSTRUCTION, INC., for Fire Station - 3704 Deer Lane. contract amount of $655,000.00 C.I.P. No. 85/83-05 (5.2% increase of the original Total changes to date 5.138) c. In the amount of $40,299.29 to FRU-CON CONSTRUCTION COMPANY, for the Walnut Creek Wastewater Treatment Plant Expansion. (0.61% increase of the original contract - Total changes to date 1.42%) C.I.P. No. 82/23-81 Approved of selection for professional services and authorization to proceed with an alternate, long-term airport site update and evaluation, subject to successful contract negotiation. C.I.P. No. 86/81-01. (6-0 Vote, Councilmember Humphrey abstained) Approved of a Supplemental Amendment to the Greiner*Austin Team for services related to determination of long-term airport development costs at Robert Mueller Municipal Airport. C.I.P. No. 86/81-01. (4-0 Vote, Councilmembers Humphrey, Urdy and Shipman abstained) Contracts Approved Approved the following contracts: Council Memo a. CLARENCE CULLEN COMPANY, INC. P. O. Box 98 Buda, Texas b. c. d. e. f. g. MIRANDA CONSTRUCTION COMPANY 5214 Burleson Road Austin, Texas 5 2/12/87 - CAPITAL IMPROVEMENTS PROGRAM - Construction of Pointer Lane Drainage Improvements, Transportation and Public Services Department Total $209,292.12 C.I.P. Nos. 85/60-04, 87/22-39 & 86/23-33 - CAPITAL IMPROVEMENTS PROGRAM - Sidewalk and Sidewalk Ramp Improvements, Transportation and Public Services Department Total $44,263.30 C.I.P. Nos. 85/61-03 & 83/22-04 HENKELS & MOCOY 4220 Justin Road Lewisville, Texas FINWAY, INC. 3517 North Frazier Conroe, Texas - - ELECTRIC UTILITY CONSTRUCTION CO., - INC. 5401 South Sheridan, Unit 202 Tulsa, Oklahoma HEVI-DUTY ELECTRIC P. O. Box 268 Goldsboro, North Carolina BOUND TO STAY BOUND BOOKS, INC. West Morton Road 1 Jacksonville, Illinois - - CAPITAL IMPROVEMENTS PROGRAM - Overhead Electric Distribution Facilities for Rutland Drive - Burnet Road to Gray Boulevard, Electric Utility Department Total $27,331.40 C.I.P. No. 87/14-02 CAPITAL IMPROVEMENTS PROGRAM - Overhead Electric Distribution Facilities for Howard Lane Substation to Lamplight Village, Electric Utility Department Total $32,670.00 C.I.P. No. 87/14-02 CAPITAL IMPROVEMENTS PROGRAM - Overhead Electric Transmission Construction for 69KV to 138 KV Transmission Line Conversion from Kingsbery Substation to McNeil Substation Circuits 819, 818, 816 and 814, Electric Utility Department Total $873,717.00 C.I.P. No. 86/13-02 Repair of Northland Substation 10-11-12 Transformer, Electric Utility Department Total $67,786.00 87-5059-LI Books, Juvenile with Prebinding, Austin Public Libraries Twelve (12) Month Supply Agreement Item 1 $94,.673.00 Council Memo h. 1. j. NGK-LOCKE, INC. c/o Eltek, Inc. 70110 7th Street Arlington, Texas ABC PEST CONTROL 8816 Research Boulevard Austin, Texas 6 J. R. SHELDON & COMPANY, INC. 4341 Lindberg, Suite 100 Dallas, Texas Long-Term Airport Development Costs - - - 2/12/87 Insulators, Switch-Bus and Station Post, General Services Department Items 1-3 $44,491.96 87-0078-CM Pest Control, Brackenridge Hospital Twelve (12) Month Service Agreement Total $26,795.00 BC7-058 Anthracite Filter Media, Water & Wastewater Department Twelve (12) Month Supply Agreement Item 1 $48,320.00 87-0075-PS Authorized submission of an application to the Federal Aviation Administration for a funding participation grant related to determination of long-term airport development costs at Robert Mueller Municipal Airport, and authorized the City Manager to accept the tendered grant in the approximate amount of $150,000.00. (6-0 Vote, Councilmember Shipman abstained) Application to FAA Authorized submission of an application to the Federal Aviation Administration for a funding participation grant related to an alternate, long-term airport site update and evaluation, and authorizing the City Manager to accept the tendered grant in the approximate amount of $330,000.00. City's Health Authority and Adminstrator of Public Health Approved entering into an Interlocal Cooperation Agreement with Travis County to contract for the services of the City of Austin's Health Authority and Administrator of Public Health. (October 1, 1985 to September 30, 1987) Circuit 966, Trading Post to Commons Ford Approved authorization to determine the route of, acquire 'easements and fee titles for Circuit 966, Trading Post to Commons Ford. EMS Medical Director Approved renewal of a contract with Michael H. McCallum, M.D. for Medical Direction of the Emergency Medical Services Department in the amount of $28,266.64. Council Memo Public Hearings Set 7 Set public hearings on the following: 2/12/87 a. To discuss the cancellation and forfeiture of the taxicab b. franchise granted by Ordinance No. 840927-D to Capital Cab Company, Inc.: March 19, 1987 at 4:30 p.m. Granting consent to the creation of Bear Creek at Austin MUD: February 19, 1987 at 4:30 p.m. OPERATING BUDGET AMENDMENT The Council, on Councilmember Rose's motion, Councilmember Carl-Mitchell's second, waived the requirement for three readings and finally passed an ordinance amending the 1986-87 Annual Operating Budget to authorize eight additional positions for the Legal Department to acquire land for various Capital Improvement Projects. (7-0 Vote) DAVIS-TURNER HOUSE PROPOSED ZONING CHANGE Councilmember Carl-Mitchell made a motion, seconded by Councilmember Humphrey to amend Chapter 13-2A of the Austin City Code (Zoning Ordinance) to cover the following changes: (MOTION FAILED by a vote of 3-4 with Councilmember Rose and Urdy, Mayor Cooksey and Mayor Pro Tem Trevino voting No.) DAVIS-TURNER HOUSE C14h-85-016 909 East 12th Street From "MF-4" to "GR-MU-H" Second and third readings. First reading on January 8, 1987, (4-3). Mayor Pro Tem Trevino, Councilmembers Rose and Urdy voted No. No conditions to be met. LATER IN THE DAY: Motion to Reconsider The Council, on Mayor Cooksey's motion, Councilmember CarlMitchell's second, reconsidered the vote. (7-0 Vote) .. Ms. Jodi Bunton, resident of East Austin, spoke to Council and asked that the Davis-Turner House be zoned historic so that it can be preserved. Councilmember Urdy spoke against the historic zoning because he said the house had been a "bawdy" house for several years and he did not think it proper to designate it historical. Motion Councilmember Carl-Mitchell made a motion, seconded by Councilmember Humphrey to zone the Davis-Turner House "GR-MU-H". Motion FAILED by a vote of 3-4 with Mayor Cooksey, Mayor Pro Tem Trevino, Councilmembers Rose and Urdy voting No. Council Memo 8 2/12/87 INFORMATION & CONTROL SYSTEM FOR WATER AND WASTEWATER UTILITY The Council, on Councilmember Rose's motion, Councilmember Humphrey's second, adopted a resolution approving a Supplemental Amendment to the Professional Services Agreement between the City of Austin and EMA Service, Inc. for design services associated with the Information and Control System for the Water and Wastewater Utility. C.I.P. No. 85/22-16. (5-0 Vote, Mayor Pro Tem Trevino and Councilmember Urdy out of the room) Motion Councilmember Rose made a motion, seconded by Councilmember Carl-Mitchell to reconsider. Motion passed by a vote of 5-0 with Mayor Pro Tem Trevino and Councilmember Urdy out of the room. Motion The Council, on Councilmember Carl-Mitchell's motion, Councilmember Shipman's second, adopted a resolution approving a Supplemental amendment to the Professional Services Agreement between the City of Austin and EMA Services, Inc. for design services associated with the Information and Control System for the Water and Wastewater Utility. C.I.P. No. 85/22-16. (4-1-0 Vote, Councilmember Humphrey voted No, Councilmember Urdy and Mayor Pro Tem Trevino out of the room.) WASTE-TO-ENERGY PLANT Councilmember Shipman introduced an item to Council to consider staff implementation of the resolutions regarding permitting for the Waste-to-Energy Plant. Councilmember Shipman said she had put this on the agenda so she would have the opportunity, with the City staff, to discuss publicly the follow-through with the resolution. Councilmember Shipman stated, "I would appreciate it, for the record, if the City Manager would go through the resolution and advise us on the status of the points in the resolution." City Manager Carrasco said, "And for the record, you want us to proceed?" Councilmember Shipman replied, "Yes sir." Mr. Carrasco said, "We need to find out from the affected state agencies if they are going to be enforcing the tighter standards that we wish to follow." (TRANSCRIPT OF DISCUSSION IS ON FILE IN CITY CLERK'S OFFICE) 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. No final action, decision or vote will be taken by the City Council unless specifically listed on Council Memo the agenda. RECESS l.a. a. 9 2/12/87 Land Acquisition- Section 2, Paragraph f. Consider lease/purchase negotiations on the Avante Building. Council recessed from 3:22 p.m. to 4:05 for executive session. ZONING HEARING Mayor Cooksey opened the zoning hearing scheduled for 4:00 p.m. Council heard, closed the public hearing, and passed the following on FIRST READING ONLY, on Councilmember Rose's motion, Councilmember Urdy's second, 5-2 Vote, Councilmember Shipman and Mayor Cooksey voting No. 8-86 THE TERRACE PUD 009 W&G PARTNERSHIP By Armbrust & Brown 3237-3339 Capital of Texas Hwy. 3199-3301 MoPac Boulevard From "SF-2" Το "PUD" RECOMMENDED subject to staff recommendation included in the Planning Commission minutes & a height limitation of 108 feet. FIRST READING Motion Councilmember Rose moved to"close the public hearing, move approval of the Terrace PUD as recommended by the Planning Commission with the stipulation that the two office buildings be 108' and clarify that by saying that is just a maximum height limitation, and a sloped roof, and other than that difference from Item 10, the Planning Commission's recommendations which talked about people space and living space, substitute that for just 108', sloped roof limitations and all of the other recommendations by the Planning Commission." Councilmember Urdy seconded the motion. Friendly Amendment Councilmember Carl-Mitchell offered"a friendly amendment in the phasing section, that as per the Planning Commission except that second phase which was the remaining 50%, that's the next 40% of the project and that has to do with the construction of the cross-over and the cost participation in that and that a third phase be added that the remaining 10% of the project be constructed only when improvements to the MoPac-360 intersection have been started or an updated ΤΙΑ has been provided which shows that the background traffic has been estimated the Council Memo 10 2/12/87 intersection can still accommodate the traffic in an acceptable level of service and cost participation in the MoPac/360 intersection by this project shall only be required if the state funds are not available for construction of the intersection." Councilmember Rose accepted the amendment. Substitute Motion Councilmember Humphrey made a motion to include the same things but change the height limit to 90' on the two buildings. Roll Call on Substitute Motion - FAILED 2-5 Vote, Councilmember Carl-Mitchell, Rose, Shipman and Urdy and Mayor Pro Tem Trevino voted No. Roll Call on Main Motion 5-2, Councilmember Shipman and Mayor Cooksey voted No. ETHICS COMMISSION APPOINTMENT The Council, on Mayor Pro Tem Trevino's motion, Councilmember Carl-Mitchell's second, appointed Juan Duran as a member of the Ethics Commission. (4-0 Vote, Councilmembers Humphrey, Rose and Urdy out of the room) PUBLIC HEARING - EASEMENT Mayor Cooksey opened the public hearing on the dedication of a permanent easement and temporary construction easements for the construction of a 30' water transmission main across a portion of Pleasant Valley District Park and across the Colorado River. No one appeared to be heard. Motion The Council, on Councilmember Carl-Mitchell's motion, Councilmember Humphrey's second, closed the public hearing and approved the concept. (6-0 Vote, Councilmember Shipman out of the room) ADJOURNMENT Council adjourned at 7:00 p.m.