: FOUNDER 13* Austin City Council MINUTES For August 27, 1987 Council Chambers, 307 West Second Street, Austin, Texas Memorandum To: (Meeting postponed to 3 P.M.) t Mayor Cooksey called to order the meeting of the Council, noting the presence of all Councilmembers. CITIZEN COMMUNICATIONS Speaking during Citizen Communications were Michael Hoove, limited purpose annexation of Wells Branch; T. Paul Robbins, STNP; Don Rettberg, Davis-Bacon Act Requirements. REPORT A report on Interim Planning for the Homeless was presented concerning implementation of the homeless task force program. MINUTES APPROVED The Council, on Councilmember Carl-Mitchell's motion, Mayor Pro Tem Trevino's second, approved minutes for regular meeting of August 20, 1987 and special meetings of August 18 and 19, 1987. (4-0 Vote, Councilmembers Urdy, Nofziger and Humphrey out of the room.) ITEM POSTPONED Postponed to September 24, 1987 is consideration of second/third reading of the Development Processing Ordinance (13-1) and the Performance Overlay Ordinance. ZONING ORDINANCE The Council, on Mayor Pro Tem Trevino's motion, Councilmember Humphrey's second, passed through second/third reading of ordinances amending Chapter 13-2A of the Austin City Code (Zoning Ordinance) to cover the following changes: (6-0 Vote, Councilmember Urdy out of the room) ; Council Memo (1) AUSTIN CENTRE NORTH By Arvco Realty C14r-87-061 2 8222 N. Lamar 8/27/87 From "CS" to "CS-1" First reading June 25, 1987, (5-0). Mayor Frank C. Cooksey absent and Councilmember Charles E. Urdy out of room at roll call. Conditions have been met as follows: Development restricted to that shown on the site plan attached as an exhibit to the ordinance. (2) AUSTIN ORTHOPEDIC SURGERY ASSOCIATION DEFINED BENEFIT TRUST By Gene Child Design C14r-86-206 1401 RR 620 South From "SF-2" to "LO" First reading on January 29, 1987, (6-0). Councilmember Smoot Carl-Mitchell absent. Conditions have been met as follows: Development restricted to that shown on the site plan attached to an exhibit to the ordinance. Restrictive Covenant incorporating conditions imposed by the Council has been executed. Access to RR 620 for neighboring property has been provided by Joint Access Easement. (3) FROSTEX FOODS, INC. By Arthur Boone C814-87-004 1100 Block of Springdale Road From "SF-3", "CS" & "LI" to "FUD" First reading on June 6, 1987, (7-0). Conditions have been met as follows: Restrictive Covenant incorporating conditions imposed by Council has been executed. Development restricted to that shown on the site plan attached as an exhibit to the ordinance. Right-of-way on Springdale Road as been conveyed by Street Deed. License agreement to permit parking and landscaping in right-of-way along Springdale Road to be considered. (Related to F-6.a) SPEED ZONE MODIFICATIONS The Council, on Mayor Pro Tem Trevino's motion, Councilmember Humphrey's second, waived the requirement for three readings and finally passed an ordinance amending the Austin City Code to modify the following speed zone: (6-0 Vote, Councilmember Urdy out of the room) Section 11-2-100(h) 65 mph Add: Expressway Lanes of IH-35 from Mile Point 0.785 (south city limits) to Mile Point 4.289 1 : Council Memo ITEM POSTPONED 3 8/27/87 Postponed to September 24, 1987 is consideration of remaining proposed amendments to the Austin Metropolitan Area Roadway Plan. CONSENT ORDINANCES The Council, on Councilmember Carl-Mitchell'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) Operating Budget Amendment Amended the 1986-87 Annual Operating Budget Amendment by: a. Accepting and appropriating $12,090.00 from the Texas State Library for the month of September, 1987 to provide Interlibrary Loan service. b. Accepting $61,619.00 from the Texas State Library for the month of September, 1987 to provide for the Central Texas Library System operation. c. Accepting $2,462.00 from the Texas State Library for the month of September, 1987 to provide for the Central Texas Library System operation. Commercial Service Zone Adopted the proposed revisions modifying the definition of a Commercial Delivery Vehicle and granting authority to tow vehicles illegally parked in a Commercial Service Zone. Release of Easement Authorized release of the following easement: a. The Public Utility Easement retained at the vacation of the East 13th Street Alley, 300 Block, in Ordinance No. 730426-B and recorded in Volume 4670, Page 2224, of the Travis County Deed Records. (Request submitted by Mr. David L. Garbade, on behalf of the State of Texas, State Purchasing and General Services Commission). Southern Union Gas Company Franchise Passed FIRST READING ONLY of an ordinance amending Ordinance No. 860918-T granting a franchise to Southern Union Gas Company. Council Memo CONSENT RESOLUTIONS 4 8/27/87 The Council, on Councilmember Humphrey's motion, Councilmember Carl-Mitchell's second, adopted the following resolutions in one consent motion: (6-0 Vote, Mayor Pro Tem Trevino out of the room) Release of Easements a. b. c. Authorized release of the following easements: A portion of a 3' Public Utility Easement of record in Book 4, Page 46, Travis County Plat Records, and located on the West 10' of Lot 9 and Lot 10, Block 1, Brykerwood "C". (Request submitted by Lonnie Vantzle of Apple Realty) A portion of a 5' Public Utility Easement of record in Book 3, Page 223, Travis County Plat Records, located on Lots 3 and 4, Block 15, Pemberton Heights, Section 2 and 3, 1415 Westover. (Request submitted by Bill Thurman, Gracy Title Company, on behalf of Mr. and Mrs. Chesney G. Coker, Jr.) A Drainage Easement of record in Volume 868, Page 360, Travis County Real Property Records and located on Lot 26, Westfield Addition "A", 2410 Bridle Path on the west 75 feet of Lot 6, Block 15. (Request submitted by Mr. and Mrs. William Price) Capital Improvements Program a. Authorzed the filing of Eminent Domain Proceedings to acquire: 0.0637 acres of land of right-of-way in fee simple out of Tract One (1), James M. Mitchell Survey No. 17, Abstract No. 521, in the City of Austin, Travis County and 0.4597 acres of land of right-of-way in fee simple out of Tract Two (2) James M. Mitchell Survey No. 17, Abstract 521 in the City of Austin, Travis County, Texas, owned by John Joseph for the Spricewood Springs Road Phase II Project. C.I.P. No. 73/62-31 Escrow Agreement Approved an Escrow Agreement between the City of Austin and the State Department of Highways and Public Transportation providing for water encasement pipe installation associated with MoPac Extension Improvements, to provide space for future extension of a water transmission main, in the amount of approximately $125,000.00. C.I.P. No. 83/22-20. Contracts Approved Approved the following contracts: Council Memo 5 8/27/87 a. UNDERGROUND UTILITIES COMPANY P. O. Box 790 Del Valle, Texas - CAPITAL IMPROVEMENTS PROGRAM - 16" Wastewater Line from Johnson Creek north along MoPac Right-of- way to West 11th Street, Water and Wastewater Department $245,881.00 C.I.P. No. 86/23-33 b. UNITED TECHNOLOGIES CORPORATION Hamilton Standard 155 Schoephoester Road Windsor Locks, Connecticut - CAPITAL IMPROVEMENTS PROGRAM - Gas Control Valves for the Pratt & Whitney Gas Turbines at Decker Power Plant, Electric Utility Dept. Total $51,000.00 C.I.P. No. 85/12-04 License Agreement a. To allow parking and landscaping within dedicated right-of-way, Lots 1 and 2, Caperton Addition and Outlot 41, Division "A", 3703-3709 Govalle Avenue and 1108 1/2 - 1110 1/2 Springdale Road. (Request submitted by William H. Bingham on behalf of Frostex Foods, Inc.) (Related to Item D-1.c(3)) LCRA Transmission Line Authorized LCRA to relocate LCRA Transmission Line at Riverplace Substation at an estimated cost of $42,320.00 Library Grants Accepted and authorized the City Manager to execute contracts for the following grants from the Texas State Library for the grant periods September 1, 1987 through August 31, 1988. a. $145,079.00 to provide Interlibrary Loan Service b. $739,430.00 for the Central Texas Library System Operation c. $29,549.00 for the Central Texas Library System Operation Items Postponed items: Postponed to September 3, 1987 is consideration of the following - - Consider approval of guidelines for the Economic Development Endowment Trust Fund. Consider taking a record vote on a proposal to increase the property tax rate by 8% over the effective rate calculated pursuant to the State Property Tax Code and calling a public hearing on the proposed tax increase: Wednesday, September 16, 1987 Council Memo 6 8/27/87 Public Hearing Set Set a public hearing on the following: a. Tips Warehouse. September 3, 1987 at 5:00p.m. CITY MANAGER REPORTS Employee Placement Update was presented and a report for budget deliberations will be given next week. Rodriguez Subdivision Report, Development Streamlining and · Legislative Update reports were not given. Jorge Carrasco, City Manager, reported on Letters of Credit. CONTRACT APPROVED The Council, on Councilmember Humphrey's motion, Mayor Pro Tem Trevino's second adopted a resolution approving the following contract: (6-0 Vote, Councilmember Carl-Mitchell out of the room) COFFEE EQUIPMENT, INC. P.O. Box 845 Buda, Texas - CAPITAL IMPROVEMENTS PROGRAM Miscellaneous Drainage Improvements No. 2, Group A, Transportation and Public Services Department Total $85,576.94 C.I.P. No. 85/60-03 WATER AND ENERGY CONSERVATION The Council, on Councilmember Carl-Mitchell's motion, Councilmember Shipman's second, adopted a resolution authorizing and approving a contract award for strategies to David M. Dornbusche & Co., Inc. to promote water and energy conservation businesses for a total amount of $86,530.00. (6-1 Vote, Councilmember Nofziger voted No.) LAKE CREEK DEVELOPMENT TRAFFIC PHASING The Council, on Councilmember Carl-Mitchell's motion, Councilmember Urdy's second, adopted a resolution authorizing execution of a traffic phasing agreement for the Lake Creek Development. (7-0 Vote) COMPREHENSIVE WATERSHEDS ORDINANCE WAIVER The Council, on Councilmember Shipman's motion, Councilmember Carl-Mitchell's second, waived the requirement for three readings and finally passed an ordinance granting a Comprehensive Watersheds Ordinance waiver extension to Bohls Ranch. (5-1 Vote, Mayor Cooksey voted No, Mayor Pro Tem Trevino out of the room) i : Council Memo AUSTIN 150 COMMISSION 7 8/27/87 The Council, on Mayor Pro Tem Trevino's motion, Councilmember Humphrey's second, passed through FIRST READING ONLY of an ordinance creating the Austin 150 Commission. (7-0 Vote) CHANGE ORDER ::: Postponed to September 3, 1987 is consideration of approval of the following Change Order: 8. In the amount of $1,160,540.00 to S.A. Healy Company for the Govalle Wastewater Service Area Interception and Diversion System. (4.69% increase of the original contract amount of $24,755,000.00) C.I.P. No. 83/22-20 JOINT ELECTIONS Councilmember Shipman introduced an item to Council to consider joint elections, including airport options, with Travis County for November 3, 1987 election. Motion The Council, on Councilmember Shipman's motion, Mayor Pro Tem Trevino's second, voted to move forward and have an election on November 3, 1987 concerning airport. Motion passed by 7-0 Vote. Motion The Council, on Councilmember Carl-Mitchell's motion, Mayor Pro Tem Trevino's second, set a public hearing for September 17, 1987 at 6 p.m. on airport options and action on ballot items. (7-0 Vote) PUBLIC HEARINGS AMENDING THE WATER & WASTEWATER UTILITY SERVICE AREA on: - ORDINANCE Mayor Cooksey opened the public hearing set for 3:30 and 3:45 p.m. 1. Amending the Water and Wastewater Utility Service Area Ordinance (810820-B) to include MAB V Tract. 2. Amending the Water and Wastewater Utility Service Area Ordinance (810820-B) to include The Uplands. John Joseph spoke to 1. representing the applicant. Jerry Harris spoke to representing the applicant. Other speakers Mr. Standerfer, Growth Management Department; Howard Kells, were 2. Oak Hill; Bob Leonard, Jack Goodman and Bert Cromack. Motion The Council, on Councilmember Carl-Mitchell's motion, Councilmember Humphrey's second, closed the public hearing and passed through FIRST READING only of an ordinance amending the Water and Wastewater Utility Service Area Ordinance (910820-B) to include MAB V Tract. (7-0 Vote) Council Memo Motion - 8 8/27/87 DIED FOR LACK OF SECOND Councilmember Carl-Mitchell made a motion to close the public hearing and pass through FIRST READIN ONLY an ordinance concerning The Uplands. There was no second to the motion. Motion The Council, on Councilmember Carl-Mitchell's motion, Councilmember Humphrey's second, passed through SECOND AND THIRD READING of the ordinance amending the Water and Wastewater Utility Service Area Ordinance (810820-B) to include MAB V Tract. (5-0 Vote, : Councilmember Urdy and Mayor Pro Tem Trevino out of the room.) Motion The Council, on Councilmember Carl-Mitchell's motion, Councilmember Urdy's second, passed through FIRST READING an ordinance amending the Water and Wastewater Utility Service Area Ordinance (810820-B) to include The Uplands. (7-0 Vote) Motion The Council, on Councilmember Carl-Mitchell's motion, Councilmember Urdy's second, voted to reconsider the ordinance concerning the MAB V Tract. (7-0 Vote) Motion The Council, on Councilmember Carl-Mitchell's motion, Councilmember Urdy's second, waived the requirement for three readings and finally passed an ordinance amending the Water and Wastewater Utility Service Area Ordinance (810820-B) to include MAB V Tract, subject to conditions. (7-0 Vote) RECESS Council recessed its meeting from 5:30 to 6:30p.m. EXECUTIVE SESSION CERTIFIED AGENDA The Council, on Councilmember Shipman's motion, Councilmember Carl-Mitchell's second, approved providing for a certified agenda for executive session meetings. (7-0 Vote) ITEM POSTPONED Postponed to September 24, 1987 at 6:00p.m. is consideration of abandoning certain Electric CIP Projects from one group and make them available for another group. Another public hearing will be held. : Council Memo PUBLIC HEARING POSTPONED 9 8/27/87 Postponed to September 17, 1987 is the public hearing on an appeal from Mr. Paul J. Burry II, P.E. Office of Land Development's decision regarding permit for 717 East 7th Street, No. 87-06-4952. The time is 4:00p.m. AFFORDABLE HOUSE DESIGN PROJECT The Council, on Councilmember Shipman's motion, Councilmember Nofziger's second, adopted a resolution to implement Option 2 of the Affordable House Design Project and related fund appropriation. (5-0 Vote, Councilmembers Carl-Mitchell and Humphrey out of the room) STREET VACATIONS Mayor Cooksey opened the public hearing set for 4:30p.m. to consider vacating the following: West Annie Alley, 1100 Block. (Request submitted by Mr. Dana Copp and the City of Austin) No one appeared to be heard. Motion The Council, on Councilmember Carl-Mitchell's motion, Councilmember Humphrey's second, closed the public hearing, waived the requirement for three readings and finally passed an ordinance vacating West Annie Alley, 1100 Block. (7-0 Vote) Postponed to September 3, 1987 at 4:30 p.m. was consideration of vacating a portion of the EAST SEVENTH (7TH) STREET RIGHT-OF-WAY, 2700 Block. (Request submitted by Mario Rocha) Mayor Cooksey opened the public hearing set for 4:30 p.m. on vacation of a portion of Shelby Lane right-of-way. (Request submitted by Larry D. O'Neal, Real Estate Division, Transportation and Public Service Department, on behalf of George G. Lowrance) No one appeared to be heard. Motion The Council, on Mayor Pro Tem Trevino's motion, Councilmember Humphrey's second, closed the public hearing, waived the requirement for three readings and finally passed an ordinance vacating a portion of Shelby Lane right-of-way. (7-0 Vote) ) Council Memo ZONING HEARINGS 10 8/27/87 Mayor Cooksey announced Council wouldhear the following zoning cases. Council heard, closed the public hearings, passed ordinances where applicable, and postponed if necessary. Disposition of cases follows each listing. a. Recommended by the Planning Commission, As Requested: (1) -87 VICTORIA 2121 East Oltorf 116 INVESTMENT CO. 2300 Douglas By Tom Curtis From "GR" Το "CS-1" RECOMMENDED By Fred Robinson (2) r-87 JAMES AUTHOR 117 HARPER (3) -84 381 JOE SEIDERS, ET AL (4) r-87 CITY OF AUSTIN 073 WATER AND P-87 WASTEWATER DEPT. 010 By Urban Design Group, Inc. b. Recommended by the Planning (5) -85 WILLIS SEIDERS, 175 ET AL EMERGENCY PASSAGE OF ORDINANCE 6319 N. IH-35 5700 to 6112 Springdale Road 13000 Bonaventure Drive APPLICANT VOLUNTEERED PAINTING LARGE WATER TOWER AN ATTRACTIVE COLOR From "CS" To "CS-1" RECOMMENDED FIRST READING From "I-SF-3" To Τr. 1 "SF-6" Tr. 2 "LO" RECOMMENDED FIRST READING From "I-RR" & "DR" To "p" RECOMMENDED FIRST READING Commission, With Conditions: 5708 Springdale Road From "I-SF-3" Το Τr. 1 "NO" Tr. 2 "LO" Tr. 3 "LR" FIRST READING RECOMMENDED (as amended) subject to the following conditions: 35 ft. of right-of-way from centerline of Rogge Lane. Following uses excluded for Tract 3: service stations, restaurants (limited) and fuel pumps. No structure at or near the set-back line on Rogge Lane shall front on Rogge Lane. One curb cut at least 250 ft. east of the west boundary of the "LR" tract (Tract 3). Building materials for Tract 1 are to be compatible in appearance with similarly zoned properties nearby, such as duplexes on Rogge Lane, west of Reicher Drive. (6) -87 VIEWPOINT JOINT 093 VENTURE By Charles Dunn 4515-4707 Nuckols From "SF-2" & "DR" Crossing Road 5200-5800 Viewpoint Drive Το "SF-3" FIRST READING RECOMMENDED subject to no access to Nuckols Crossing, Viewpoint Drive, and East St. Elmo from lots with alternative access. : Council Memo (7) -87 HARDAGE 111 ENTERPRISES By Jones & Neuse, Inc. 11 7685 Northcross Drive 8/27/87 From "GR" Το "CS-1" FIRST READING RECOMMENDED subject to the following condition: Use of the area zoned "CS-1" shall be limited to a hotel cocktail lounge, which operates as an accessory use as defined in Section 13-2A533 (a) 1-3. On Councilmember Carl-Mitchell's motion, Councilmember Urdy's second, 7-0 Vote. c. NO Recommendation from the Planning Commission: (NOT A QUORUM VOTE) (8) -87 DORIS HEIN 115 Sandra Street 119 By Greg Griffin From "SF-3" Το "LO" NO RECOMMENDATION FIRST READING (On Councilmember Shipman's motion, Mayor Pro Tem Trevino's second, 7-0 Vote) (9) -87 INSURANCE COMPANY 1612 Cedar Bend 109 OF AMERICA By Conley Engineering Drive LIMITED TO FOUR UNITS PER ACRE From "SF-1" Το "SF-6" NO RECOMMENDATION FIRST READING (On Councilmember Carl-Mitchell's motion, Councilmember Nofziger's second, 7-0 Vote) d. NOT Recommended by the Planning Commission; Alternate Recommendation: (10) -85 AARON & STELLA 288. GARDNER 97 FRANCIS J. SZAL 7411 and 7501 Old Bee Caves Road From "I-SF-2" & "I-RR" Το Τr. 1 "SF-6" Tr. 2 "SF-6" "RR" (floodplain) NOT RECOMMENDED POSTPONED TO 9/24/87 AT 4:00 P.M. Council Memo 12 8/27/87 : e. NOT Recommended by the Planning Commission: (11) -87 JOHN T. DWYER, 115 III 1203 West 44th Street By Helen Gentry From "SF-3" Το "ΝΟ" NOT RECOMMENDED : POSTPONED TO 9/24/87 AT 4 Ρ.Μ. (On Councilmember Carl-Mitchell's motion, Councilmember Urdy's second, 7-0 Vote) - (12) h-83 BRYDSON HOUSE 031 By Bill Ashbaugh 1605 East lst Street From "CS-H" To "CS" NOT RECOMMENDED NO ACTION UPHELD PLANNING COMMISSION RECOMMENDATION, HISTORIC ZONING NOT RESCINDED. (On Councilmember Shipman's motion, Councilmember Carl-Mitchell's second, 7-0 Vote) : f. Heard by the Planning Commission August 25, 1987: (13) -85 JOE SEIDERS 208 (14) -87 CITY OF AUSTIN 074 PARKS AND RECREATION DEPT. By Lisa Podd (15) -87 CITY OF AUSTIN 075 PARKS AND RECREATION DEPT. By Stuart Strong (16) -87 CITY OF AUSTIN 076 PARKS AND RECREATION DEPT. By Stuart Strong (17) -87 CITY OF AUSTIN 077 PARKS AND RECREATION DEPT. By Stuart Strong 3324-3403 & 3418 Rogge Lane 1500 West Riverside 7000 Ardath 3427 Parker Lane 6900 Block Onion Creek Drive (Recommendation to follow) From "SF-3" Το "SF-2 FIRST READING From "SF-3" To "P" FIRST READING From "SF-2" To "P" FIRST READING From "SF-3" To "P" FIRST READING From "SF-3" Το "P" FIRST READING 2 : Council Memo 2. HILL COUNTRY ROADWAY SITE PLAN 14 a. Recommended by the Planning Commission, As Requested: (1) p-87 AUSTIN COUNTRY 016 CLUB 4408 Long Camp By Thurman Breed 8/27/87 Addition to Austin Country Club Existing Zoning: "LA" RECOMMENDED APPROVED (On Councilmember Carl-Mitchell's motion, Councilmember Urdy's second, 7-0 Vote) NO ACTION TAKEN ON ITEM No action was taken on consideration of options relating to the operation of the Ullrich Water Treatment Plant. ADJOURNMENT Council adjourned its meeting at 8:20 p.m.