C LOF TY AUSTU FUNDID FRAS Austin City Council MINUTES For July 30, 1987 1:00 Ρ.Μ. Council Chambers, 307 West Second Street, Austin, Texas Memorandum To: Mayor Cooksey called to order the meeting of the Council, noting that Councilmembers Urdy and Trevino had not yet entered the Council Chamber. MINUTES APPROVED The Council, on Councilmember Humphrey's motion, Councilmember Carl-Mitchell's second, approved minutes for regular meeting of July 23, 1987 and special meeting of July 21, 1987. (5-0 Vote, Councilmember Urdy, Mayor Pro Tem Trevino not yet present) CITIZEN COMMUNICATIONS Mr. Larry Stanley and Ms. Agnes V. Kelley discussed flooding in Angus Valley. Mr. Doug Foreman discussed utilities billing. Ms. Betsy Ross Builta discussed City Sign Ordinance. Mr. Ben Turner discussed waiver of all development fees for the Rodriguez Subdivision. Council directed this be on next week's agenda with fiscal impact and Health Department report. BUDGET REPORT City Manager Jorge Carrasco presented the proposed Operating Budget and Capital Budget to the Council. He reviewed the documents, which are on file in the City Clerk's Office. A schedule of work sessions and public hearings was proposed. ! RECESS Council recessed its meeting from 3:10 p.m. to 3:20 p.m. Council Memo 2 7/30/87 OLD BUSINESS - ORDINANCES The Council, on Councilmember Humphrey's motion, Councilmember Carl-Mitchell's second, passed through second/third readings of ordinances amending Chapter 13-2A of the Austin City Code (Zoning Ordinance) to cover the following changes: (7-0 Vote) TEXACO REFINING & MARKETING By LZT Associates, Inc. C14-87-029 7100 Block Hwy. 290 East From "SF-3" To "GR" First reading on June 4, 1987, (7-0). Conditions have been met as follows: Development restricted to that shown on the site plan attached as an exhibit to the ordinance. SPRINGFIELD JOINT VENTURE By Jerry L. Harris C14-86-301 A tract generally bounded by Nuckols Crossing Road on the west, Colton-Bluff Springs Road on the south, Scenic Loop on the east and McKinney Falls State Park & Williamson Creek Treatment Plant on the north From "I-RR", "I-SF-2"& "I-SF-4" Το "LR", "MF-3"; "MF-2", "LO", "W/LO" & "GR" First reading on March 26, 1987, (6-0). Mayor Pro Tem John Trevino, absent. Conditions have been met as follows: Right-of-Way dedicated by subdivision plat. Restrictive Covenant incorporating conditions imposed by Council has been executed. CAROLYN SUE & JOE JACKSON C14-85-288 (156) 7800 Hudson Loop From "I-RR" To "CS" First reading on June 18, 1986, (7-0). Conditions have been met as follows: Restrictive Covenant incorporating conditions imposed by Council has been executed. VERNON B. & ELLEN BERTEIL KROEGER C14-85-288.163 8017 Old Bee Caves Road From "I-RR" Το "MF-1" First reading on July 18, 1986, (7-0). Restrictive Covenant incorporating conditions imposed by Council has been executed. Council Memo 3 7/30/87 MEADOWCREEK PUD By Kristaponis, Gregory & Associates C814-87-002 4700 Manor Road From "GR" & "IO" Το "PUD" 5-2 VOTE, MAYOR COOKSEY AND COUNCILMEMBER SHIPMAN VOTED NO. First reading on February 26, 1987, (5-2). Mayor Frank C. Cooksey and Councilmember Sally Shipman voted "NO". Conditions have been met as follows: Conditions approved by Council incorporated in PUD Site Plan. EDDIE & MARK LAMM C14-85-288.79 The northwestern From Interim "RR" corner of U.S. 290 To "LR" and "LO" West and Scenic Brook Drive First reading on July 2, 1986, (5-0). Mayor Frank C. Cooksey and Councilmember Smoot Carl-Mitchell out of room at roll call. Second reading on November 13, 1986, (6-0). Mayor Pro Tem John Trevino, Jr. out of room at roll call. Conditions have been met as follows: Restrictive covenant incorporating conditions imposed by Council has been executed. BROWNING AERIAL SERVICE The Council, on Councilmember Humphrey's motion, Councilmember Nofziger's second, adopted a resolution approving an agreement between the City of Austin and Browning Aerial Service to provide aviation related services at Robert Mueller Municipal Airport. (6-0 Vote, Councilmember Urdy out of the room) CONSENT ORDINANCES The Council, on Councilmember Humphrey's motion, Councilmember Carl-Mitchell's second, waived the requirement for three readings and finally passed the following ordinances all in one motion: (6-0 Vote, Councilmember Urdy out of the room) Operating Budget Amendment Approved amending the 1986-87 Operating Budget by: a. Accepting and appropriating $32,208.00 to the Austin Police Department from the Governor's Office of the State of Texas, Criminal Justice Division. b. Accepting and appropriating $59,900.00 in grant funds from the Institute of Museum Services to be used by the Parks and Recreation Department for general operating support for the Austin Nature Center. i Council Memo c. 4 7/30/87 Accepting and appropriating from the Texas State Library a grant in the amount of $3,724.00 to expand literacy training at the Austin Public Library. Item Postponed Postponed to August 6, 1987 is consideration of amending the 1986-87 Capital Improvements Program by: Appropriating $23,000.00 from the Golf Surcharge Fund to CIP No. 867708 Golf Course Design for the Heritage Trails Golf Course. Temporary Restriction on Town Lake - Amended Section 9-10-28 of the Code of the City of Austin of 1981 as amended, to temporarily restrict access to Town Lake of all unauthorized motorboats and watercraft during the annual "Austin Aqua Festival Night Lighted Water Parade" for safety purposes. Heliport Requirements Amended Chapter 9-11, Article II (Heli-Facilities and Helicopter Operations) to eliminate the heliport requirements on newly constructed buildings in excess of 75 feet, provided certain safety measures are met. Southern Union Gas Approved suspending the operation of Southern Union Gas Company rate increases contained in Southern Union Gas filing No. CT09-86. CONSENT RESOLUTIONS The Council, on Mayor Pro Tem Trevino's motion, Councilmember Shipman's second, adopted the following resolutions, all in one consent motion: (7-0 Vote) Capital Improvements Program Approved acquisition of 2.812 acres of Water and Wastewater Easement for the Braker Lane Water Transmission Main Project. C.I.P. No. 83/22-20. ---- Approved acquisition of 39,945 square feet of Water and Wastewater Easement and Temporary Working Space Easement for the Burnet Road Water Transmission Main Project. C.I.P. No. 83/22-13 --- - Approved the following Change Order: In the amount of $57,242.00 to STAKER PAVING OF TEXAS, for Jollyville Road Phase II Street and Drainage Improvements. (3% increase in the original contract amount of $1,830,737.93) C.I.P. No. 84/62-14 Council Memo Capital Improvements Program 5 7/30/87 Approved of an agreement with the State Department of Highways and Public Transportation where the City shall pay for costs estimated to be $313,897.43 for construction by the SDHPT for the widening of Lamar Boulevard at Rundberg Lane and Rutland Drive to provide double left turn lanes on Lamar Boulevard at these interesections. C.I.P. No. 83/62-03. Contracts Approved Council approved the following contracts: HILMAN CONSTRUCTORS, INC. 6901 N. Lamar Boulevard #108 Austin, Texas Bid award: (1) BUTLER PAPER COMPANY 200-210 East St. Elmo Road Austin, Texas (2) JIM WALTER PAPERS Graham Division 210 W. Peden Street San Antonio, Texas COOPER EQUIPMENT COMPANY North East Loop 1604 San Antonio, Texas - - - - CAPITAL IMPROVEMENTS PROGRAM - Construction of the maintenance building for the gas turbine project, Electric Utility Department Total $67,625.00 C.I.P. No. 85/12-04 Fine Paper, General Services Department Twelve (12) Month Supply Agreements Total $249,748.00 87-0161-PS/LI Items 3,4, & 9 - $44,454.00 Item 1,2, 5-8, 10 and 11 - $205,294.00 שבתTEX-FAST, INC. 4630 S. Congress Austin, Texas AMERICAN DARLING VALVE Division of American Cast Iron 2930 N. 16th Street Birmingham, Alabama - One (1) Street Flusher Body, General Services Department Total $29,875.00 87-0327-CM - Nuts, Bolts & Screws, General Services Department Twelve (12) Month Supply Agreement Item Nos. 59-61, 127-140, 142, 143, 145-147-$29,619.00 87-0255-DC - Six (6) 48" Gate Valves and two (2) 60" Gate Valves, Water and Wastewater Department Total $256,110.00 87-0335-CM Council Memo 6 7/30/87 ABBOTT CRITICAL CARE SYSTEMS 4455 Atherton Drive Salt Lake City, Utah - Transducers, Cables & Administration Kits, Brackenridge Hospital Twelve (12) Month Supply Agreement Total $48,909.00 BS7-162 Transitional Housing Demonstration Program Grant Authorized submission for and accepted a Transitional Housing Demonstration Program Grant from the U.S. Department of Housing and Urban Development in the amount of $250,000.00 and to establish and operate the program if funded. Item Postponed Postponed to August 6, 1987 is consideration of the Sustainable Industries R.F.P. Private Industry Council Appointed Kwaku Agbottah as a member of the Private Industry Council (PIC) board of directors. Southern Union Gas Company Filing Approved extending the contract with Diversified Utility Consultants, Inc., to continue work on the Southern Union Gas Company filing. Crime Sting Operation Accepted a grant award in the amount of $144,944.00 from the Governor's Office of the State of Texas, Criminal Justice Division, for the implementation of a property Crime Sting Operation for the program period of August 1, 1987 through April 30, 1988. Texas State Library & Archives Commission Grant Accepted a grant from the Texas State Library and Archives Commission in the amount of $44,695.00. Release of Easement Authorized release of the following easement: A portion of the 10 foot Public Utility Easement across the rear of Lot 1, re-subdivision of Lots 45 & 46 of George L. Robertson Subdivision, Outlot #55, Division B, located at 1103 Olive Street. ITEM POSTPONED Postponed to August 6, 1987, is consideration of second reading of Development Processing Ordinance and the Performance Overlay Ordinance. Council Memo CAPITAL IMPROVEMENTS - 7 DUVAL ROAD ASSESSMENTS 7/30/87 The Council, on Councilmember Carl-Mitchell's motion, Councilmember Humphrey's second, waived the requirement for three readings and finally passed an ordinance levying assessments on Duval Road, Phase II and West Cow Path, covering approximately 18 blocks. C.I.P. No. 79/62-03 as follows: (7-0 Vote) "I'd like to move that all properties along Duval Road with existing residences be found not to be enhanced by the Duval Road project, and the finding on that is that road upgrade in not needed to handle the local traffic in that area; that the undeveloped residentially zoned land should be assessed to the assessment as per the appraiser and that the church properties and other properties would be assessed according to the appraisers assessment since they are certainly enhanced by the increased traffic flow along Duval." CONSUMERS UNION CONTRACT RESCINDED The Council, on Councilmember Carl-Mitchell's motion, Councilmember Shipman's second, rescinded approval of a contract (RFP) with Consumers Union in an amount not-to-exceed $87,400.00 to provide consultant services and the Consumer Advocate for the Electric Utility Rate Process, and set up the process next year. (4-3 Vote, Mayor Cooksey, Mayor Pro Tem Trevino and Councilmember Urdy voted No.) ZONING ORDINANCE The Council, on Mayor Pro Tem Trevino's motion, Councilmember Humphrey's second, passed through second/third readings of ordinances amending Chapter 13-2A of the Austin City Code (Zoning Ordinance) to cover the following changes: (7-0 Vote) WESLEY PEARSON C14-87-017 121 A,B&C Pickle Road From "SF-3" Το "LI" First reading on April 23, 1987, (5-0). Councilmember George Humphrey absent. Conditions have been met as follows: Right-of-way on Pickle Road has been dedicated by street deed. NO ACTION No action was taken on a resolution to consider approval of a contract (RFP) to Cleve Moten, attorney at law, in an amount not-to-exceed $51,000.00 to provide consultant services as the Contract Hearing Examiner for the Electric Utility Rate Process. U.S. 290 The Council, on Councilmember Urdy's motion, Councilmember Carl-Mitchell's second, adopted a resolution accepting the provisions contained in Minute Order No. 85987 passed by the State Department of Highways and Public Transportation Commission on June 30, 1987, for the Development of US 290, from US 183 to FM 973. (6-0 Vote, Councilmember Humphrey out of the room) Council Memo 8 COMPREHENSIVE WATERSHEDS ORDINANCE WAIVERS 7/30/87 The Council, on Councilmember Carl-Mitchell's motion, Councilmember Urdy's second, waived the requirement for three readings and finally passed an ordinance to allow appeals to Council for an extension of Comprehensive Watersheds Ordinance waivers for those cases originally approved prior to October 23, 1986. (5-1-0 Vote, Mayor Cooksey voted No, Mayor Pro Tem Trevino out of the room) LAGUNA GLORIA ART MUSEUM The Council, on Councilmember Humphrey's motion, Councilmember Nofziger's second, adopted a resolution approving A.C.I. for preconstruction and construction phase services as Construction Manager for the proposed Laguna Gloria Art Museum, C.I.P. No. 86/86-08. (7-0 Vote) ITEMS POSTPONED Postponed to August 6, 1987 is consideration of the following contract: ROCKFORD BUSINESS INTERIORS 211 East Riverside Drive Austin, Texas - CAPITAL IMPROVEMENTS PROGRAM System Furniture, Electric Utility Department Item 1 $432,929.98 87-0303-DC --- Postponed until August 13, 1987 is consideration of the following contract: CLEARWATER CONSTRUCTORS, INC. P.O. Box 15547, N.E. Station Austin, Texas - CAPITAL IMPROVEMENTS PROGRAM Final phase of the series of improvements for the Walnut Creek Wastewater Treatment Plant Expansion Project - Contract No. 6. Water and Wastewater Department Total $19,817,000.00 C.I.P. No. 86/23-30 Postponed to August 6, 1987 is consideration of the following contract: REEDRILL/TEXOMA, INC. 5817 La Lolonia E. San Antonio, Texas INTEREST LOAN BUYDOWN PROGRAM - Truck Mounted Hole Digger, General Services Department Total $84,000.00 87-0200-FC/OM The Council, on Councilmember Nofziger's motion, Councilmember Council Memo 9 7/30/87 Shipman's second, adopted a resolution approving an amendment to a contract with University Savings Association for the Interest Buydown Program for Residential Energy Loans. (7-0 Vote) JOB TRAINING PROGRAMS Mayor Pro Tem Trevino took the chair so that Mayor Cooksey could make the following motion: Motion The Council, on Mayor Cooksey's motion, Councilmember CarlMitchell's second, adopted a resolution that the Community Development Block Grant contract(s) to lease the Arthur B. DeWitty Job Training Facility for Job Training Programs be awarded to the Urban League and Huston-Tillotson College and Simdex Joint Venture. (5-0 Vote, Councilmember Humphrey out of the room, Councilmember Urdy abstained due to conflict of interest.) ITEMS WITHDRAWN Withdrawn from the agenda were the following items from Council: 1. Consider an ordinance amending Chapter 2-3 of the Code of the City of Austin 1981, adding a savings clause. Introduced by Mayor Cooksey. 2. Consider amendments to the Hearings Examiner Ordinance and Resolution. Introduced by Councilmember Carl-Mitchell. STUDENT DROPOUT PREVENTION PROGRAM The Council, on Mayor Pro Tem Trevino's motion, Councilmember Carl-Mitchell's second, adopted a resolution encouraging employee participation in a student dropout prevention program. (7-0 Vote) PUBLIC HEARING - APPEAL, GOLF RANGE AT MOPAC AND U.S. 183 Mayor Cooksey opened the public hearing set for 4:30 p.m. on an appeal of the decision of the Office of Land Development Services to deny a Site Development Permit for the Golf Range at MoPac and U.S. 183. Tracy Watson, OLDS, reviewed the appeal. Noel Watson asked Council to deny the appeal. Motion The Council, on Councilmember Carl-Mitchell's motion, Councilmember Humphrey's second, closed the public hearing and granted the appeal. (6-0 Vote, Councilmember Urdy out of the room) Council Memo ZONING HEARINGS 10 7/30/87 Mayor Cooksey announced Council would hear the following zoning cases. Council heard, closed the public hearings, passed ordinances where applicable, and passed others through first reading only. Disposition of cases follows each listing. Recommended by the Planning Commission, As Requested: a. (1) -87 CITY OF AUSTIN 085 7201-7307 Elm Forest Road (2) r-87 MILBURN 086 INVESTMENTS, INC. Lane By Vera Messaro From "DR" Το "SF-2" RECOMMENDED ORDINANCE To "LR" RECOMMENDED FIRST READING 1021-1111 Slaughter From "DR" b. Recommended by the Planning Commission, As Requested, With Conditions: (3) -87 W. H. PASSON 088 HISTORICAL 1501 East 12th Street SOCIETY, INC. By Rudolph H. Green From "MF-4-H" Το "GR-H" FIRST READING RECOMMENDED subject to dedication of up to 45 feet of right-of-way from centerline of East 12th Street as set out in the Roadway Plan. (4) -87 LORENZO HERNANDEZ 2406 South 4th 094 By Andrew Guzman Street From "SF-3" Το "LO" FIRST READING RECOMMENDED "LO" limited to "NO" uses and provision of all required parking, and subject to dedication of up to 32 feet of right-of-way from the centerline of South Fourth Street. (On Councilmember Humphrey's motion, Councilmember Carl-Mitchell's second, 5-0 Vote, Mayor Pro Tem Trevino and Councilmember Urdy out of the room) (5) -87 HOUSING AUTHORITY 4922 Nuckols 097 OF TRAVIS COUNTY By Sunia Zaterman Crossing Road From "SF-2" Το "MF-1" FIRST READING RECOMMENDED "MF-1" zoning, limited to 12 units per acre, and subject to dedication of up to 35 feet from the centerline of Nuckols Crossing Road. (On Councilmember Urdy's motion, Councilmember Shipman's second, 5-0 Vote, Mayor Pro Tem Trevino and Councilmember Carl-Mitchell out of the room.) Council Memo 11 7/30/87 024 (6) r-87 BILL RODGERS & A. JO BAYLOR By Alan Nutt 7408-E Cameron Road From "LR" and "GR" Το "CS-1" FIRST READING RECOMMENDED subject to the conditions of a restrictive covenant prohibiting sexually-oriented business adult uses as defined by Section 13-2A-4350. (7) r-87 SPECTRUM CENTER 8440 Burnet Road 090 L.P. By Supere Property Management From "CS" Το "CS-1" EMERGENCY PASSAGE OF ORDINANCE RECOMMENDED "CS-1" for 2,479 square feet, subject to closing the southernmost driveway and to grant a waiver from the 200' P.R.A. driveway spacing requirement. (8) r-87 R. T. MAYFIELD & 089 & GERALD KUCHERA By Kristaponis, Gregory & Assoc. 3815 Spicewood Springs Road From "LO" To "LR" & "GR" FIRST READING RECOMMENDED subject to neighborhood agreements. c. NOT Recommended by the Planning Commission, Alternate Recommendation: (9) -87 DOUG ENGLISH 092 By Ralph Reed 1210 Parkway d. NOT Recommended by the Planning Commission: (10) -87 MS. JESSIE В. 095 ANDERSON 900-1012 William Cannon Drive Forest Drive By Terrence Irion 6705-6707 Emerald From "MF-3" To "GO" NOT RECOMMENDED RECOMMENDED "NO" ORDINANCE From "LO" Το "GR" NOT RECOMMENDED INDEFINITE POSTPONEMENT (On Councilmember Humphrey's motion, Councilmember Carl-Mitchell's second, 5-0 Vote, Councilmember Urdy and Mayor Pro Tem Trevino out of the room) (11) r-87 EMERALD WRAY 087 By Carole Rylander 4605-4609 שעותIH-35 North From "LO" Το "GR" NOT RECOMMENDED FIRST READING USES PERMITTED UNDER OLD "O" 6TH H&A WITH RESTRICTIVE COVENANT (valid petition invalidated when Griswold, Stinson Howard & Kramer removed their names) (On Carl-Mitchell's motion, Mayor Pro Tem Trevino's second, 6-0 Vote, Humphrey out of room) 1 Council Memo 12 7/30/87 e. Heard by the Planning Commission July 28, 1987: (Recommendation to follow) (12) -87 CITY OF AUSTIN 098 By Austin Public Library (13) -87 CITY OF AUSTIN 100 By Austin Public Library (14) -87 CITY OF AUSTIN 101 By Austin Public Library (15) -87 CITY OF AUSTIN 102 By Austin Public Library (16) -87 CITY OF AUSTIN 103 By Austin Public Library (17) -87 CITY OF AUSTIN 104 By Austin Public Library (18) -87 CITY OF AUSTIN 105 By Austin Public Library (19) -87 CITY OF AUSTIN 106 By Austin Public Library (20) -87 CITY OF AUSTIN 107 By Austin Public Library (21) -87 RENAISSIANCE 110 HEALTH CARE By Dick Lillie (22) -87 CITY OF AUSTIN 112 By Parks & Recreation Dept. 401 West 9th Street 800-808 Guadalupe Street 2500 Exposition Boulevard 835 W. Rundberg Lane 5500 Manchaca Road 3101 Oak Springs Road 7051 Village Center Drive 8639 Spicewood Springs Road 1105 East First Street 4721 Loyola Lane From "UNZ-H", "CS" and "DMU" To "P" & "P-H" ORDINANCE From "SF-3" To "P" ORDINANCE From "GR" To "p" ORDINANCE From "SF-3" To "P" ORDINANCE From "SF-3" Το "P" ORDINANCE From "GR" Το "P" ORDINANCE From "DR" To "p" ORDINANCE From "CS" Το "P" ORDINANCE From "GR" & "MF-2 To "P" ORDINANCE 7013-7033 Village Center From "GR" Το "LO" ORDINANCE Barton Springs & MoPac From "SF-3", "UNZ" & "SF-3-H" To "p" & "P-H" ORDINANCE (On Councilmember Humphrey's motion, Councilmember Carl-Mitchell's second, 5-0 Vote, Councilmember Urdy and Mayor Pro Tem Trevino out of the room) 1 Council Memo EXECUTIVE SESSION 13 7/30/87 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 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) (b) City of Austin v. Houston Lighting and Power Overton et al v. City of Austin (c) (d) (e) (f) Allandale Neighborhood v ATS and City of Austin MKT v. City of Austin Water Treatment Plant #4 Waller Creek 2. Land Acquisition - Section 2, Paragraph f (a) Parmer Lane Right-of-Way RECESS Council recessed its meeting from 5:50 p.m. to 7:25 p.m. for executive session. PUBLIC HEARING Mayor Cooksey opened the public hearing set for 6:00p.m. on amending the Water and Wastewater Utility Service Area Ordinance No. 810820-B to inclyde areas served by the Brushy Creek Regional Wastewater System. Jim Thompson, Director of Water and Wastewater, explained. No one else appeared to be heard. Motion The Council, on Councilmember Shipman's motion, Mayor Pro Tem Trevino's second, closed the public hearing, waived the requirement for three readings and finally passed an ordinance amending the Water and Wastewater Utility Service Area Ordinance No. 810820-B to include areas served by the Brushy Creek Regional Wastewater System. (5-0 Vote, Councilmembers Urdy and Nofziger out of the room) CITY MANAGER REPORTS NOT PRESENTED The City Manager reports on Legislative Update and Worksession Schedule, were not presented. ADJOURNMENT Council adjourned its meeting at 8:35 p.m.