OUSTIN FOLADI. Austin City Council MINUTES For October 29, 1987 Council Chambers, 307 West Second Street, Austin, Texas Memorandum To: 1:00 p.m. Mayor Cooksey called to order the meeting of the Council, noting the presence of all Councilmembers. MINUTES APPROVED The Council, on Councilmember Shipman's motion, Councilmember Nofziger's second, approved minutes for regular meeting of October 22, 1987 and special meeting of October 20, 1987. (4-0 Vote, Councilmember Urdy, Mayor Pro Tem Trevino and Councilmember Humphrey out of the room) CITIZEN COMMUNICATIONS Mr. John Joseph withdrew his request to speak. Mr. Martin Camp discussed the West Bull Creek Interceptor. Council instructed the City Manager to instruct staff to put a resolution on the November 3, 1987 agenda to consider proposal amendments to West Bull Creek Wastewater Agreement regarding funding and size of wastewater interceptor. OLD BUSINESS CONSENT ORDINANCES Item Postponed Postponed to November 12, 1987 is consideration of amending the 1984 Capital Improvements Program by appropriating the Johnny Morris funds to the following projects: a. Braker Lane $1,300,000; b. Brodie Lane $683,000; c. Cameron Lane $700,000; Spicewood Springs $51,410, for a total or $2,734,410. Southwestern Bell Franchise Passed SECOND READING ONLY of an ordinance amending the franchise agreement between the City of Austin and Southwestern Bell Telephone Company. On Councilmember CarlMitchell's motion, Councilmember Humphrey's second, 6-0 Vote, Mayor Pro Tem Trevino out of the room) Council Memo Zoning Ordinances 2 10/29/87 Passed through second and third readings of ordinances amending Chapter 13-2A of the Austin City Code (Zoning Ordinance) to cover the following changes: (6-0 Vote, Mayor Pro Tem Trevino out of the room) YAGER LANE & DESSAU 1600 Block of ROAD PARTNERSHIP By Clinton P. Sayers C14-87-122 Yager Lane and 12000 Block of Dessau Road From "DR" to "GR" & "RR" First reading on September 24, 1987, (6-0). Councilmember George Humphrey out of room at roll call. Conditions have been met as follows: Restrictive Covenant incorporating conditions imposed by Council has been executed. C.P. OLES COMPANY C14-87-147 1204-B West 38th Street From "LR" Το "CS-1" First reading on September 24, 1987, (6-0). Councilmember Humphrey out of the room at roll call. Conditions have been met as follows: Restrictive Covenanct incorporating conditions imposed by Council has been executed. COUNTY CLERK REPORT TO COUNCIL Dana DeBeauvoir, County Clerk, reported to Council concerning polling places for the November 3, 1987 election. She said there were not suitable polling places within two precincts so she had designated sites outside of the precinct. The following motion was made: Motion The Council, on Councilmember Humphrey's motion, Councilmember Nofziger's second, instructed the County Clerk to have polling places within the precinct. (6-0 Vote, Mayor Pro Tem Trevino out of the room) AUSTIN WASTEWATER ACTION STRATEGY The Council, on Councilmember Carl-Mitchell's motion, Councilmember Urdy's second, adopted a resolution approving a proposed supplemental Amendment No. 2 to the Professional Services Agreement between the City of Austin and Davis L. Ford & Associates for Special Project Services for the Austin Wastewater Action Strategy. (6-0 Vote, Mayor Pro Tem Trevino out of the room) CONSENT ORDINANCES The Council, on Councilmember Carl-Mitchell's motion, Councilmember Urdy's second, waived the requirement for three readings and finally passed the following ordinances all in one consent motion: (6-0 Vote, Mayor Pro Tem Trevino out of the room) Council Memo 3 Amendment to 1987-88 CIP Budget 10/29/87 a. Appropriated $230,000.00 from the Golf Surcharge Fund for improvements to municipal golf courses. ($200,000.00 to be used to renovate Hancock Golf Course and $30,000.00 to be used on the remaining three City courses) Exemption to Tap Expiration Approved a request for an exemption to the Tap Expiration Ordinance from Mr. Frank Albrecht Jr. for 12206 West Cow Path, Austin, Texas, Lot 5, Block C, Angus Valley No. 8. Item Postponed Postponed to October 19, 1987 is consideration of an ordinance prohibiting glass containers in park areas and on rivers, lakes and streams. Surcharge on Sewage Facilities Approved establishing a $10.00 surcharge on permit issuances for on-site sewage facilities as required by state law, effective November 1, 1987. (Funds are required to be returned to the Texas State Department of Health) Zilker Park Roads Approved assigning names to all unnamed roads in Zilker Park as follows: (Request submitted by the Transportation and Public Services Department) a. Andrew Zilker Road: From Mo-Pac Expressway in an easterly direction 3,700 feet, more or less. b. Columbus Drive: From proposed William Barton Drvie in a westerly direction 750 fee, more or less, to existing Columbus Drive. c. Lou Neff Road: From Stratford Drive easterly and southwesterly to Barton Springs Road. d. Nature Center Drive: From Mo-Pac Expressway to Stratford Drive. e. Stratford Drive: From Barton Springs Road southerly to proposed Andrew Zilker Road. f. William Barton Drive: From proposed Andrew Zilker Road southerly and northeasterly to Barton Springs Road. g. Zilker Clubhouse Road: From Rollingwood Drive northerly to Zilker Club House. Council Memo 4 10/29/87 Boundaries for Election Precincts Approved an ordinance establishing boundaries of the City of Austin election precincts and related matters. Meeting Not Cancelled Council considered cancelling the Council Meeting scheduled for November 12, 1987, but decided not to cancel the meeting. CONSENT RESOLUTIONS The Council, on Councilmember Carl-Mitchell's motion, Councilmember Shipman's second, adopted the following resolutions in one consent motion: (6-0 Vote, Mayor Pro Tem Trevino out of the room) Dedication of Land Approved dedication of a drainageway out of a City-owned tract of land designated as P-186. Release of Easement Authorized release of the following easement: a. A 50' Overhang Electric Easement of record in Book 15, Page 42, Travis County Plat Records, located on Lot 37, Block 3, Allandale Park, Section 6, 3109 Silverleaf Drvie. (Request submitted by Mr. and Mrs. John Scott) Eminent Domain Proceedings Authorized Eminent Domain Proceedings to acquire the following easement for construction of improvements to the City of Austin's Wastewater System in the West Bull Creek area: a. Strips of land 20 feet wide and 25 feet wide containing 0.52 acre of land, including temporary working space easements totaling an additional 0.44 acre, situated in the 0. Dalton Survey No. 467, Abstract 212, of Travis County, Texas, and owned by James B. and Louise H. Beard, Larry W. Langley, Trustee. Eminent Domain Proceedings Authorized the filing of Eminent Domain Proceedings to acquire: a. 5.850 acres of land of right-of-way in fee simple out of the Thomas Anderson Survey, Abstract No. 2 and the James Trammell Survey, Abstract No. 769 in Travis County, Texas from the Estate of Theodore E. Becker and Elenora Becker for the US 290 W/SH 71 Expansion Project. Council Memo 5 October 29, 1987 b. 0.155 acre (6,732 square feet) of land in fee simple out of the James D. Goode Survey No. 30, more particularly described as being out of and a part of Lot A, Rio Subdivision, Plat Book 87, Page 137c, Travis County, Texas from the Carpenter/ Marcella Joint Venture for the U.S. IlHighway 183 Expansion Project. Capital Improvements Program Approved Amendment No. 6 to the Professional Services Agreement between the City of Austin and the Joint Venture of Espey, Huston & Associates, Inc./Engineering Science, Inc. for the 1984-87 Additional Capacity Improvements of the Ullrich Water Treatment Plant. C.I.P. No. 85/22-55. Item Postponed Postponed the following change order: a. In the amount of $138,824.97 to Staker Paving of Texas for Airfield Improvements at Robert Mueller Municipal Airport. (4.9% increase in the original contract amount of $2,828,719.48 Total change orders to date equal 6.1%) C.I.P. Nos. 84/81-15, 84/81-14, 79/81-21, 79/81-19 and 72/81-99. Change Order Approved the following change order: In the amount of $51,809.84 to Staker Construction of Texas, Inc. for construction on C.D.D. #11, Street and Drainage Improvements. (4.28% increase in the original contract amount of $1,211,270.70 Total change orders to date equal 4.48%) C.I.P. No. 84/62-01. Contracts Approved Approved the following contrzcts: a. HENKELS & MCCOY, INC. 4220 Justin Road Lewisville, Texas b. MOBIL PRODUCING TEXAS & NEW MEXICO, INC. Nine Greenway Plaza, Suite 2700, Houston, Texas CAPITAL IMPROVEMENTS PROGRAM Installation of Overhead Electric Distribution Facilities for Williamson Substation to Parmer Lane 3-phase Reconductor, Electric Utility Department Total $46,708.40 87/14-02 C.I.P. No. Natural Gas Boiler Fuel, Electric Utility Department Eleven and one-half (11-1/2) Month Supply Agreement Total $7,545,410.00 87-0412-OM Council Memo License Agreement 6 10/29/87 Approved entering into the following License Agreement: a. To allow the placement of underground ducts to provide interconnection of state owned and maintained utilities, Manor Road and Comal Street. (Request submitted by Mr. Albert L. Schuman, P.E., on behalf of the University of Texas) Item Withdrawn Consideration of the consent of the Bear Creek MUD was withdrawn at the applicant's request. IBM Approved accepting a water and wastewater easement from IBM. Community Human Services Needs Assessment Entered into a contract with United Way/Capital Area for a collaborative community human services needs assessment. Public Hearings Set Set public hearings on the following: Annexation of the following: a. (1) (2) Full purpose annexation of the proposed Northwest Austin MUDs 1 & 2 (Canyon Creek) area, and the 3M, Schlumberger, and Water Treatment Plant #234 sites, comprising approximately 2,308 acres. C7a-87-001: November 12, 1987 at 3:00 p.m. and November 19, 1987 at 3:00 p.m. Limited purpose annexation at the Uplands, an area of about 3,100 acres in the Barton Creek Watershed at Hwy. 71 and RM 2244. C7ar-87-008: November 12, 1987 at 3:00 p.m. and November 19, 1987 at 3:00 p.m. Contracts Postponed Postponed to November 3, 1987 were consideration of two contracts: Port Enterprises for re-roofing at Seaholm Power Plant. Sechrist-Hall Company for re-roofing and wall repair at Brackenridge Hospital. Council Memo 7 WATER & WASTEWATER SERVICE AREA ORDINANCE 10/29/87 The Council, on Councilmember Carl-Mitchell's motion, Councilmember Humphrey's second, passed through SECOND READING ONLY of an ordinance amending the Water and Wastewater Service Area Ordinance (810820-B) to include the Uplands. (6-0 Vote, Mayor Pro Tem Trevino out of the room) Third reading will be on November 5, 1987. CERTIFICATES OF PARTICIPATION The Council, on Councilmember Carl-Mitchell's motion, Councilmember Urdy's second, waived the requirement for three readings and finally passed an ordinance adopting a policy for the use of Certificates of Participation. (6-0 Vote, Mayor Pro Tem Trevino not yet in attendance) Later Motion The Council, on Councilmember Carl-Mitchell's motion, Mayor Cooksey's second, reconsidered. (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 adopting a policy for the use of Certificates of Participation. (7-0 Vote) ZONING ORDINANCES The Council, on Councilmember Shipman's motion, Councilmember Carl-Mitchell's second, passed through second reading only of an ordinance amending Chapter 13-2A of the Austin City Code (Zoning Ordinance) to cover the following changes: PEERMAN/ANDERSON PARTNERSHIP By Sid Sanders Cl4r-86-106 & Cl4r-86-107 4995-5047 U.S. Highway 290 From "DR" To Tract 1 "GR" Tract 2 "RR" Tract 3 "MF-3" SECOND READING Councilmember Shipman stated, "I would like to add to the second reading of the zoning, is that the requirement that an expanded geological assessment take place prior to issuance of the site development permit and the information on that assessment shall be presented to the City Council, with or without appeal." Council Memo 8 10/29/87 The Council, on Councilmember Carl-Mitchell's motion, Councilmember Urdy'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: BEN H. POWELL JR. By R. Mayo King C14-87-063 802,804 & 806 West Avenue From "MF-4" to "GO" SECOND & THIRD READINGS First reading on June 25, 1987, (6-0). Mayor Cooksey absent. No conditions to be met. BONA VISTA SUBDIVISION The Council, on Councilmember Carl-Mitchell's motion, Mayor Pro Tem Trevino's second, passed through third reading of an ordinance granting a Comprehensive Watershed Ordinance waiver to Bonita Vista Subdivsion. (4-2-1 Vote, Mayor Cooksey and Councilmember Nofziger voted No, Councilmember Shipman abstained. ZONING ORDINANCES The Council, on Councilmember Shipman's motion, Mayor Cooksey'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 with one exception, which is covered in a further motion: (7-0 Vote) CITY OF AUSTIN C14-85-288.L From I "RR" & I "SF-2" SECOND & THIRD READINGS Properties in the Oak Hill Area Study, within the general vicinity of U.S. 290 and State Highway 71 (WITH EXCEPTION BELOW) Motion The Council, on Councilmember Shipman's motion, Mayor Cooksey's second, postponed Case 318 of C14-85-288.L until December 3, 1987. (4-0 Vote, Councilmember Humphrey abstained, Councilmember Urdy and Mayor Pro Tem Trevino out of the room) The Council, on Councilmember Humphrey's motion, Councilmember Nofziger's second, approved permanent zoning and 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) CITY OF AUSTIN C14-85-288.M Properties in the Oak Hill Area Study, within the gen- eral vicinity of U.S. 290 and State Highway 71 From I "RR" & I "SF-2" to "RR" & "SF-2" PERMANENT ZONING SECOND & THIRD READINGS Council Memo 9 10/29/87 First readings on April 16, 1986. (5-0) and June 18, 1986, (7-0). Conditions have not been met by property owners by deadline set by City Council. The Council, on Councilmember Shipman'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) CITY OF AUSTIN C14-85-288.N Properties in the Oak Hill Area Study, within the general vicinity of U. S. Highway 290 and Thunderbird Road Intersection From I "RR" & I "SF-2" to "RR" & "SF-2" First readings on April 16, 1986, (5-0), April 23, 1986, (5-0), June 18, 1986, (7-0) and July 2, 1986, (5-0). Conditions have not been met by property owners by deadline set by City Council. CITY OF AUSTIN C14-85-288.0 From I "RR" & I "SF-2" to "RR" & "SF-2" Properties in the Oak Hill Area Study, within the general vicinity of U. S. Highway 290 where it intersects Circle Drive, Thunder- bird Road, Scenic Brook Drive and Boling Drive. First readings on April 16, 1986, (5-0), June 18, 1986, (7-0) and October 9, 1986, (7-0). Conditions have not been met by property owners by deadline set by City Council. CITY OF AUSTIN C14-85-288.P & I "SF-2" to "RR" & "SF-2" Properties in the Oak Hill Area Study, within the general vicinity of Old Bee Caves Road and Travis Cook Road Intersection. From I "RR" First readings on April 16, 1986, (5-0), April 19, 1986, (7-0) and June 18, 1986, (7-0). Conditions have not been met by property owners by deadline set by City Council. Council Memo 10 10/29/87 The Council, on Councilmember Shipman's motion, Councilmember Urdy's second, passed through second reading only of an ordinance amending Chapter 13-2A of the Austin City Code (Zoning Ordinance) to cover the following changes: (4-2-0 Vote, Mayor Cooksey and Councilmember Nofziger voted No, Mayor Pro Tem Trevino abstained.) reading is set for November 5, 1987. TOWNLAKE PROPERTY 43-51 Rainey Street Third From "SF-2" and "LO" to "LO" JOINT VENTURE By William Bingham C14-84-473 ZACHARY SCOTT THEATRE The Council, on Councilmember Shipman's motion, Mayor Pro Tem Trevino's second, adopted a resolution approving a contract for building expansion of the Zachary Scott Theatre facility. (6-0 Vote, Councilmember Humphrey out of the room) COMMERCIAL LEASING BROKER SERVICES Council had before them for consideration a resolution for approval of a contract (RFP) for Commercial Leasing Broker Services. There was a long discussion and during it the following motions were made: Motion Councilmember Nofziger made a motion, seconded by Mayor Cooksey, to apporove staff recommendation of Alexander and Associates. Substitute Motion FAILED Councilmember Humphrey made a substitute motion, seconded by Councilmember Urdy to select Sandlin after serious price negotiation. Motion FAILED by a vote of 3-4 with Councilmembers Carl-Mitchell, Nofziger, Shipman and Mayor Cooksey voting No. Roll Call on Original Motion 6-0 Vote, Councilmember Urdy abstained. Council decided to reconsider the motion when questions were raised concerning conflict of interest, since one of the principals of Alexander and Associates has a husband who works for the City of Austin. Motion to Reconsider The Council, on Councilmember Humphrey's motion, Mayor Pro Tem Trevino's second, voted to reconsider the motion, (5-2 Vote, Councilmembers Nofziger and Shipman voted No.) Council Memo 11 Original Motion 10/29/87 Councilmember Nofziger made a motion, seconded by Mayor Cooksey to adopt a resolution approving Alexander and Associates for Commercial Leasing Broker Services. Substitute Motion DIED FOR LACK OF SECOND Councilmember Humphrey made a motion to reject all bids and re-issue an RFP. Motion died for lack of a second. Roll Call on Original Motion 5-2 Vote, Councilmembers Urdy and Humphrey voted No. ZONING HEARINGS Mayor Cooksey announced Council would hear the following zoning cases. Council heard, closed the public hearings, passed ordinances where applicable, and postponed if necessary. Disposition of follows each listing. -87 DAVID BARROW 138 INTERESTS By Barrow & Stahl, Architects 3616 Far West Boulevard, Suite 109 & 110 From "GR" Το "CS-1" RECOMMENDED cases ORDINANCE PASSED ON EMERGENCY BASIS Motion The Council, on Councilmember Carl-Mitchell's motion, Councilmember Humphrey's second, closed the public hearing and granted the zoning change. (4-0 Vote, Councilmember Nofziger, Shipman and Mayor Cooksey voted No.) Motion to Reconsider Mayor Pro Tem Trevino made a motion, seconded by Councilmember Carl-Mitchell to reconsider. Motion passed by a vote of 6-0 with Councilmember Humphrey voting No. 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 the zoning change on an emergency basis. (5-2 Vote, Councilmembers Nofziger and Shipman voted No.) -87 ICE BEAR, INC. 2211 & 2213 138 By Home Management Westlake Drive & Investments, Inc. From "LA" Το "SF-1" RECOMMENDED ORDINANCE Council Memo 12 -87 LAMAR VILLAGE 3830 North Lamar 150 JOINT VENTURE By City of Austin h-74 MILLICAN HOUSE 004 By City of Austin h-74 THE SAN ANTONIAN 046 By Sam Houston Clinton, et al h-77 CHARLES JOHNSON 023 HOMESTEAD By Travis Post No. 76, American Legion 1610 West Avenue 702 San Antonio 2201 West 1st Street 10/29/87 From "CS-1" Το "CS" RECOMMENDED ORDINANCE From "LO" Το "LO-H" RECOMMENDED ORDINANCE From "GO" Το "GO-H" RECOMMENDED ORDINANCE From "CS" Το "CS-H" RECOMMENDED ORDINANCE h-79 MARTIN HOUSE 016 By Sam Houston 600 West 7th Street From "GO" Το "GO-H" Clinton, et al RECOMMENDED ORDINANCE (On Mayor Pro Tem Trevino's motion, Councilmember Urdy's second, 6-0 Vote, Councilmember Nofziger out of the room) h-87 007 BAILEY-HOUSTON 4110 Speedway From "MF-4" HOUSE Το "MF-4-H" By Clovis B. RECOMMENDED Heimseth, Jr. ORDINANCE (On Councilmember Shipman's motion, Mayor Pro Tem Trevino's second, 6-0 Vote, Councilmember Urdy out of the room) h-87 KIRBY HALL 009 By Kirby Hall School 306 West 29th Street From "LO" Το "LO-H" RECOMMENDED ORDINANCE (On Mayor Pro Tem Trevino's motion, Councilmember Urdy's second, 6-0 Vote, Councilmember Nofziger out of the room) Council Memo 13 10/29/87 h-86 038 PFANNKUCHE 1508 San Antonio HOUSE By City of Austin From "GO" Το "GO-H" RECOMMENDED DENIED (On Councilmember Carl-Mitchell's motion, Councilmember Shipman's second, 3-4 Vote, Mayor Cooksey, Mayor Pro Tem Trevino and Councilmembers Humphrey and Urdy voted No.) h-86 021 FLANAGAN-HEIERMAN 3909 Avenue G From "SF-3" HOUSE Το "SF-3-H" By Harrilee RECOMMENDED Heierman ORDINANCE -87 J. D. COCHRUM 130 10412 Double Spur Loop From "DR" Το "SF-1" FIRST READING RECOMMENDED subject to a minimum lot size of 1/2 acre. (On Mayor Pro Tem Trevino's motion, Councilmember Urdy's second, 6-0 Vote, Councilmember Nofziger out of the room.) -87 CITY OF AUSTIN, 1610 Summit Street 137 By Economic Development International Trade Department Το "GO" From "SF-3" FIRST READING RECOMMENDED subject to no access to Summit Street; "GO" uses limited to parking facility. (On Councilmember Shipman's motion, Councilmember Carl-Mitchell's second, 6-0 Vote, Councilmember Urdy out of the room.) At the same time, the following resolution was adopted: Motion The Council, on Councilmember Shipman's motion, Councilmember Carl-Mitchell's second, adopted a resolution approving a Ground Lease with Holt, Rinehar and Winston, Inc. for a parking lot at Woodland Avenue and IH 35. (6-0 Vote, Councilmember Urdy out of the room) Council Memo 14 10/29/87 -87 108 WAGNER & BROWN By Richardson Verdoorn, Inc. 8000 South IH-35 From "SF-2" Το "GO" FIRST READING RECOMMENDED subject to the recommendations of the Traffic Impact Analysis; letter of credit to be posted at time of subdivision. (On Mayor Pro Tem Trevino's motion, Councilmember Urdy's second, 6-0 Vote, Councilmember Nofziger out of the room) -87 PONCE CABLE & 144 STEEL COMPANY 1007 & 1011 Montopolis Drive From "SF-3" To Tr. 1 "GR" By DRS Architects & Planners Tr. 2 "LI" FIRST READING On Councilmember Shipman's motion, Mayor Pro Tem Tre- vino's second, 7-0 Vote. RECOMMENDED "GR" for Tract 1, limited to the following uses; Administrative and Business Offices, Arts and Crafts Studio limited, Business Support Services or Trade School, Communications Services, Consumer Convenience Services, Consumer Repair Services, Financial Services, Food Sales, Funeral Services, General Retail Sales (Convenience), General Retail Sales (General), Indoor Sports and Recreation, Indoor Entertainment, Medical Offices, Outdoor Sports and Recreation, Personal Improvement Services, Personal Services, Pet Services, Professional Offices, Research Services, Restaurant (Drive In-FF), Restaurant (Limited), Restaurant (General), College and University Facilities, Communication Service Facilities, Cultural Services, Day Care Services, (General), Day Care Services (Limited), Day Care Services (Commercial), Hospital Services, Local Utility Services, Private Primary Educational Facilities, Private Secondary Educational Facilities, Public Primary Educational Facilities, Public Secondary Educational Facilities, Religious Assembly, and Safety Services. Conditional Uses: Outdoor Entertainment, Club or Lodge, Hospital Services (General), and Parking Facilities. Grant "LI" for Tract 1, limited to the following uses: Administrative and Business offices, Arts and Craft Studio (Limited), Arts and Crafts Studio (General), Arts and Craft Studio (Industrial), Building Maintenance Services, Business Support Services, Business or Trade School, Communications Services; Construction Sales and Services, Financial Services, Food Sales, General Retail Sales (Convenience), General Retail Sales (General), Laundry Services; Medical Offices, Personal Improvements Services, Personal Services, Professional Offices, Research Services, Custom Manufacturing, Light Manufacturing, Limited Warehousing and Distribution, Communication Service Facilities, Cultural Services, Maintenance and Service Facilities, Religious Assembly, and Safety Services. Council Memo 15 10/29/87 r-87 131 NORTH INTERCHANGE 8627 North Mopac ASSOCIATES By Joe R. Wyman Expressway From "LO" To "LR" FIRST READING RECOMMENDED "LR" zoning limited to a 9,005 square foot footprint within the existing building, limited to financial services use only, and all other uses permitted in the "LO" zoning district. Motion Mayor Pro Tem Trevino made a motion, seconded by Councilmember Humphrey to approve "LR", tied to conditions recommended by the City's Transportation staff and supported by the applicant. Mayor Pro Tem Trevino also said "Emergency Passage". Tracy Watson, OLDS, said "I do not believe we can do emergency passage because of some of the things, including an erroneous legal description." Andy Martin, Assistant City Attorney, said, "We will have to bring this back when we have a legal description with the ordinance." Councilmember Shipman stated, "As a part of the ordinance, let's incorporate those transportation standards that are being recommended by our staff and are supported by the applicant." Roll Call on Motion 7-0 Vote -87 SAS INSTITUTE, 126 INC. By Land Concepts 100 feet along the North side of Parke Avenue From "DR" Το "R" & "D" FIRST READING RECOMMENDED subject to the following conditions: Phasing Agreement, post fiscal for roadway improvements as set out by Transportation Review's memorandum of September 17, 1987, limited development on the entire 80-acre tract to 300,000 square feet of buildings, limit impervious coverage over the entire 80-acre tract to 40%, provide staff with legal description so the remainder (approximately 25 acres). can be zoned & Debatierende dodekaked destrelas deleted) limit building heights to three (3) stories or forty feet (40'). When subdivision is before Planning Commission for the entire 80-acre tract, applicant agrees to: Provide planned development agreement for Planning Commission information and review, provide site plan for entire 80-acre tract for Planning Commission information and Council Memo 16 10/29/87 review. That "R" & "D" on this 54.967 acre tract will not be finalized until: PDA is approved by City Council, Site Plan has been administratively approved on the entire 80-acre tract and "R" & "D" zoning is approved on the remaining 25 acres (approximately ) (On Councilmember Shipman's motion, Councilmember Humphrey's second. 6-0 Vote, Mayor Pro Tem Trevino out of the room) r-87 148 CAMERON OAKS JOINT VENTURE By Phil H. Scott, Jr. 7517 Cameron Road From "GR" Το "CS-1" FIRST READING RECOMMENDED "CS-1" based on Conditional Use Permit findings of fact and working out procedural details to shared parking prior to City Council action. (On Councilmember Carl-Mitchell's motion, Mayor Pro Tem Trevino's second, 5-0 Vote, Councilmembers Humphrey and Urdy out of the room) r-87 140 ENTERPRISE JOINT VENTURE 9207 U.S. Hwy. 290 East From "DR" Το "GR" By Paul Bury FIRST READING RECOMMENDED "GR", approved all waivers, subject to ordinance requirements. (On Mayor Pro Tem Trevino's motion, Councilmember Urdy's second, 6-0 Vote, Councilmember Nofziger out of the room) -87 TOM W. BRADFIELD 3400 Northland From "SF-3" 136 & DONALD H. Το "ΝΟ" CUMMINS DENIED By Kristaponis Gregory & Assoc, Inc. RECOMMENDED "NO" subject to a restrictive covenant, enforceable by the City of Austin and surrounding property owners within 1,000 feet, limiting the uses to Business and Administrative Offices only and limiting any redevelopment to one-story. This restrictive covenant to be incorporated into the "restrictive Council Memo 17 10/29/87 overlay" if that district is approved by the Council. Also recommended that the City Council not waive the right-of-way dedication but require the owners to place the required right-of-way in an escrow deed as was done on another case across Northland Drive during a site plan review. (On Councilmember Shipman's motion, Councilmember Nofziger's second, 4-3 Vote, Councilmember Urdy, Mayor Pro Tem Trevino, Councilmember Humphrey voted No.) -86 GRACE COVENANT CHURCH 182 By Jim Nias 9500 Research Boulevard FIRST READING WITH REVISED CONDITIONS From "SF-3" To Tr. 1 "GO" Tr. 2 "MF-2" RECOMMENDED subject to limiting access to Jollyville Road and tied to the conceptual site plan submitted September 30, 1987, but providing for modifications to this site plan in order to comply with all ordinance requirements at time of site plan submission, limiting the height of all buildings to 40 feet excepting the Church steeple, and requiring that no additional day-time uses be added unless additional on-site parking is provided. Access to U.S. 183 shall be prohibited unless such access is shown on a site plan which complies with section 5107 of Chapter 13-2A. (On Councilmember Shipman's motion, Councilmember Carl-Mitchell's second, 7-0 Vote) r-87 MR. & MRS. R. L 139 WYATT By Carole Keeton Rylander 1115 I-35 South 1401, 1405, 1425 E. Riverside Drive From "LO", "LR", "GO" & "SF-3" Το "GR-MU" RECOMMENDED TRACT 1 "GR-MU" - BALANCE "SF-6" - FIRST READING RECOMMENDED "GO" for all tracts except portion of tract 1 (5000 sq. ft.) to remain "LR" and Tract 4 (0.28 acre as shown on staff map) to remain "SF-3", with conditions: No pedestrian or vehicular access to Manlove Street and provide 6' privacy fence with buffer as described by applicant's Exhibit B. Council Memo 18 Motion 10/29/87 Councilmember Humphrey made a motion, seconded by Councilmember Urdy to grant "GR-MU" on Tract 1&2, and "SF-3" on Tract 4. Mayor Cooksey suggested the motion be separated. Motion Councilmember Humphrey made a motion, seconded by Councilmember Urdy to grant zoning as recommended by staff, Tract 1, "GR-MU". Motion passed by a voted of 4-3 with Councilmembers Shipman, Carl-Mitchell and Nofziger voting No. Motion - WITHDRAWN Councilmember Humphrey made a motion, seconded by Councilmember Urdy to zone the rest "GR-MV" except "SF-3" on Tract 4. (Later, Councilmember Humphrey withdrew his motion, making the following substitute motion the original motion) Substitute Motion (Which became Original Motion when Councilmember Humphrey withdrew the above motion) The Council, on Mayor Cooksey's motion, Councilmember Nofziger's second, zoned the balance of the property "SF-6". (4-3 Vote, Mayor Pro Tem Trevino, Councilmember Shipman and Councilmember Urdy voted No.) Substitute Motion FAILED (This was the substitute motion when the above substitute motion became the main motion) Councilmember Urdy made a motion, seconded by Councilmember Humphrey to zone Tract 2 "LR" (which is Tract 3 & 4 on the applicant's map). Motion Failed by a vote of 3-4 with Councilmember Carl-Mitchell, Nofiger, Shipman and Mayor Cooksey voting No.) AMENDMENTS TO RESTRICTIVE COVENANTS The Council, on Mayor Pro Tem Trevino's motion, Councilmember Urdy's second, adopted resolutions approving amendments to restrictive covenants as follows: (6-0 Vote, Councilmember Nofziger out of the room) Council Memo a. 19 10/29/87 Recommended by the Planning Commission, As Requested: (1) -84 269 REALTEX FUNDING CORP. By Jack Morton (2) -85 283 REALTEX FUNDING CORP. By Jack Morton 5716-6208,6817-7017 Amendment to 7110-7313 Convict Restrictive Hill Road Covenant 8000 Block Convict Amendment to Hill Road Restrictive Covenant EXECUTIVE SESSION In the midst of the zoning hearings, 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 matters unless specifically listed on the agenda for this meeting. RECESS 1. Pending Litigation a. City of Austin v. Houston Lighting and Power b. Overton et al v. c. Water Treatement 2. Land Acquisition a. Tips Warehouse - Section 2, Paragraph e City of Austin Plant #4 Section 2, Paragraph f Council recessed its meeting for executive session from 6:02 to 6:45 p.m. ITEMS POSTPONED Postponed to November 3, 1987 is consideration of approval of Supplemental Amendment No. 5 to the Professional Services Agreement between the City of Austin and Espey, Huston & Associates, Inc., related to design phase services for the South Austin Outfall Relief Main, Phase II, for the Water and Wastewater Utility C.I.P. No. 86/23-31. TIPS WAREHOUSE A resolution concerning the Tips Warehouse will be considered on November 3, 1987. Council Memo 20 10/29/87 WATER FOR GOLF COURSE AT DECKER LAKE Councilmember Humphrey introduced an item to Council and discussion of providing water for the proposed golf course at Decker Lake. CITY FINANCIAL COUNSEL Motion The Council, on Councilmember Shipman's motion, Councilmember Urdy's second, approved rejecting the RFP for City Financial Counsel and moving forward with the process. (4-1-0 Vote, Councilmember Nofziger voted No, Councilmembers Humphrey and Carl-Mitchell abstained) ITEM POSTPONED Postponed to 11/3/87 was consideration of approving supplemental Amendment No. 5 to professional services agreement between the City of Austin and Espey Huston & Associates, Inc., related to design phase services for the South Austin Outfall Relief Main, Phase II, for the Water and Wastewater Utility. C.I.P. No. 86/23-31. CITY MANAGER REPORTS City Manager Reports were postponed to 11/3/87. NO ACTION ON ITEMS No action was taken on Gilbane Update, nor the Corps of Engineers Presentation. ADJOURNMENT Council adjourned its meeting at 1:00 a.m. October 30, 1987.