i TY OF AUSTIN FOUNDED 1630 Austin City Council MINUTES For January 07, 1988 - 1:00 P.M. 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. MINUTES APPROVED The Council, on Councilmember Shipman's motion, Councilmember Nofziger's second, approved minutes for regular meeting of December 24, 1987. (5-0 Vote, Councilmember Urdy and Mayor Pro Tem Trevino out of the room) CITIZEN COMMUNICATIONS Gary Johnson did not appear. Keith J. Cunningham discussed Capital Recovery Fees for temporary wastewater hookup between the Capital View Condo Assn. and Eanes ISD. Dr. Stephen Phyrr discussed a waiver of the 300 foot distance requirement between churches and establishments serving alcohol. Mrs. Margie Mae Newton discussed mobile homes. Brother Tony Hearn discussed comprehensive community needs assessment. LIBRARY ▼ The Library Commission Report was presented on Response to L.E.N.D. Proposals. The City Manager report on Library Issues was also presented. Council will take action on January 28, 1988 at 5:00 p.m. BRACKENRIDGE PROFESSIONAL BUILDING GROUND LEASE The Council, on Councilmember Carl-Mitchell's motion, Councilmember Humphrey's second, adopted a resolution to execute agreement and estoppel certificate consenting to transfer of Brackenridge Professional Building ground lease. (7-0 Vote) KERRVILLE BUS COMPANY FRANCHISE The Council, on Councilmember Carl-Mitchell's motion, Councilmember Humphrey's second, passed through THIRD READING of an C C Council Memo 2 1/7/88 ordinance granting a franchise to Kerrville Bus Company, Inc. and ratifying the proposed maximum rate of fare. (7-0 Vote) ZONING ORDINANCES : The Council, on Councilmember Carl-Mitchell'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, unless otherwise noted) (1) CIRCLE K CONVENIENCE STORES, INC. (2) (3) (4) By Thomas W. Mountz C14r-85-321 3636 R.M. 620 North From Interim "RR" to "LR" First reading on February 6, 1986, (7-0). Conditions have been met as follows: Development restricted to that shown on the site plan attached as an exhibit to the ordinance. LILLIAN I. MARTIN C14-85-288.90 8311 Haskell Drive From Interim "RR" to "LO" Second reading on November 13, 1986, (7-0). Conditions have been met as follows: Restrictive Covenant incorporating conditions imposed by Council has been executed. GRACE COVENANT CHURCH By Jim Nias C14-86-182 9500 Research Boulevard From "SF-3" to Tr. 1 "GO" Tr. 2 "MF-2" First reading on October 29, 1987, (7-0). Conditions have been met as follows: Restrictive Covenant incorporating conditions imposed by Council has been executed. NASH PHILLIPS & CLYDE COPUS By Jones, Davis, Reavis & Pogue C14-87-096 2624 William Cannon Drive From "SF-3" to "LO" First reading on November 5, 1987, (5-0). Mayor Pro Tem John Trevino, Jr. and Councilmember George Humphrey out of room at roll call. Conditions have been met as follows: Development restricted to that shown on site plan attached as an exhibit to the ordinance. (5) К. С. BYLER C14-87-094 2406 South 4th Street From "SF-3" to "LO" : C Council Memo 3 1/7/8 (5) H. C. BYLER (continued) C14-87-094 First reading on July 30, 1987, (5-0). Mayor Pro Tem John Trevino, Jr. and Councilmember Charles E. Urdy out of room at roll call. Conditions have been met as follows: Right-of-way on South 4th Street has been dedicated by Street Deed. Restrictive Covenant incorporating conditions imposed by Council has been executed. (6) E. C. BYLER C14-87-021 901 and 903 Oltorf From "SF-3" Street 2400, 2402, 2404 South 4th Street to "LO" First reading on April 23, 1987, (6-0). Conditions have been met as follows: Right-of-way on South 4th Street has been dedicated by Street Deed. Restrictive Covenant incorporating conditions imposed by Council has been executed. (7) TOWNLAKE JOINT VENTURE C14-84-473 43, 45, 46, 47 & 52 Rainey Street 706 Cummings Street 21 Bierce Street From "SF-2" & "LO" to "LO" 5-2 Vote, Mayor Cooksey & Councilmember Nofziger voted No. Second reading on October 29, 1987, (4-2-0). Mayor Frank C. Cooksey and Councilmember Michael "Max" Nofziger voted "NO". Mayor Pro Tem John Trevino, Jr. abstained. Conditions have been met as follows: Development restricted to that shown on the conceptual Site Plan attached as an exhibit to the ordinance. (8) SADDLEBACK JOINT VENTURE C14-85-288.118 8700-8730 Hwy. 71 West From Tr. 1 "I-RR" Tr. 2 "I-RR" Tr. 3 "I-RR" to Tr. 1 "GR" Tr. 2 "LO" Tr. 3 "MF-1" First Reading on June 18, 1986, (7-0). Conditions have been met as follows: Restrictive Covenant incorporating conditions imposed by Council has been executed. (9) BRIGHT BANC SAVING ASSOC, C14r-83-316 4301 West Lake From "LO" High Drive to "LR" First reading on November 29, 1984, (5-0). Conditions have been met as follows: Development restricted to that shown on the Site Plan attached as an exhibit to the ordinance. 8 Council Memo (10) TRAVIS BANK AND TRUST C14-87-030B 4 801, 803, 805, 807 W. 37th Street and 3508 Vest Avenue 1/7/88 From "GR", "LO" & "SF-3" to "GO" First reading on June 4, 1987, (7-0). Conditions have been met as follows: Restrictive Covenant incorporating conditions imposed by Council has been executed. CONSENT ORDINANCES The Council, on Councilmember Humphrey's motion, Mayor Pro Tem Trevino'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 1987-88 Annual Operating Budget by accepting and appropriating the Austin Police Department's grant award in the amount of $12,139.60 to fund a Traffic Services Microcomputer System from the State Department of Highways and Public Transportation. Meter Parking Zones Approved installation of the following Parking Meter Zones: METER TYPE STREET LOCATION 15 to 120 minute 15 to 120 minute 15 to 120 minute 15 to 120 minute East 1st Street East 2nd Street East 3rd Street Brazos Street San Jacinto Blvd. 100 block 100 block 100 block 100 block 100 block SIDE OF STREET North South North East and West Vest 15 to 120 minute Amended Section 11-2-100 of the Austin City Code to re-establish the following speed zones: Delete: Add: (a) 35 MPR (b) 40 MPH (c) 45 MPH (a) 35 MPH - Burnet Road from Vest 45th Street to White Horse Trail Burnet Road from White Horse Trail to Steck Avenue - - Burnet Road from Steck Avenue to U.S. 183 Burnet Road from West 45th Street to White Horse Trail Burnet Road from White Horse Trail to Steck Avenue (b) 40 MPH - (c) 45 MPH - Burnet Road from Steck Avenue to U.S. 183) Council Memo CONSENT RESOLUTIONS 5 1/7/88 The Council, on Councilmember Humphrey's motion, Mayor Pro Tem Trevino's second, adopted the following resolutions in one consent motion: (7-0 Vote) Fire Station #22 Approved the dedication of Riverside Drive Water and Wastewater Transmission Main Easements at Fire Station #22. Release of Easements d. a. ৮. Authorized release of the following easements: c. A portion of a 5' Public Utility Easement of record in Book 3, Page 255, Travis County Plat Records and located on Lot 31, Okie Heights Addition, 805 Jessie. (Request submitted by Bruce E. Maddox) A 10 Public Utility Easement located on Lot 1, Metric Village, of record in Book 87, Page 93D, Travis County Plat Records and Lot 9, Biltmore Plaza, of record in Book 87 41A and 41B, Travis County Plat Records. (Requested submitted by Greg Griffin of Griffin Engineering, on behalf of Grace Chen) A 15' Drainage Easement of record in Volume 81, Page 170, Travis County Real Property Records and located on Lot 5, Ridge Point Section One. (Request submitted by McGray & McGray Land Surveyors, Inc., on behalf of the Texas Association of Nurserymen, Inc.) The 10' vide Electric and Telephone Easement of record in Volume 10226, Page 899, of the Travis County Real Property Records, located on Lot 8, Block B, Central Austin Business Park, Section 1, and shown on Lot 10, Block D, Walnut Creek Business Park, Phase C. (Request submitted by Paul L. Bechtel on behalf of the Walnut Creek Business Park Joint Venture) e. A Public Utility Easement located on Lot 7, Beva Subdivision, of Record in Book 82, Page 68, Travis County Plat Records, and a portion of the Public Utility Easement located on Lot 8, Beva Subdivision of record in Book 82, Page 68, Travis County Plat Records, 15802 Ρ.Μ. 1825. (Request submitted by E. B. Priesmeyer) f. Release of the 5' Overhead Electric Easement of record in Volume 2133, Page 35, of the Travis County Real Property Records and shown on Century Park Subdivision. (Request submitted by the City Electric Utility Department) Council Memo Eminent Domain Proceedings 6 1/7/88 Authorized the filing of eminent domain proceedings to acquire: 4. 0.020 acre (871 square feet) of land in fee simple out of the James P. Wallace Survey No. 18 in Travis County, Texas from the Beckham Trust for the Industrial Street North (United Drive) Project. b. 5,280 square foot Permanent Wastewater Easement and two (2) Temporary Workspace Easements as described in Exhibit B out of the John Applegate Survey No. 58 in Travis County, Texas from Texas Manufactured Housing Association for the Little Walnut Creek Relief Interceptor Project, Phase IV. c. 18,892 square foot Permanent Water and Wastewater Easement and a Temporary Workspace Easement containing 22,905 square feet of land, out of the Santiago Del Valle Grant, Travis County, Texas from R.P.C. Investments, Inc. for the Riverside Drive Water Transmission Lane. d. 0.892 acres of land out of Tract III, of the Third Resubdivision of Block A-1, West Gate Square Commercial, a subdivision in Travis County, Texas, according to the plat recorded in Volume 75, Page 249, Plat Records of Travis County, Texas from Westgate, Ltd. for U.S. 290 West/SH 71 Expansion Project. e. 8,852 square foot Permanent Vastevater Easement and two Temporary Workspace Easements as described in Exhibit E, out of the J. C. Tannehill Survey in Travis County, Texas from Great Vest Savings Banc-A Savings Association for the Little Walnut Creek Relief Interceptor-Phase II Project. f. 3,781 square foot Water and Vastewater Easement and a Temporary Workspace Easement containing 4,783 square feet of land out of the Santiago Del Valle Grant, Travis County, Texas from R.P.C. Investments, Inc. (previously owned by Dickson Properties, Inc.) for the Riverside Drive Water Transmission Main Project. 8. h. Permanent Vater Transmission Main Easement containing 6,018 square feet of land and two Temporary Construction Easements containing 13,512 square feet of land out of the William H. Saunders Survey No. 54 in Travis County, Texas from 290 Joint Venture for the East Austin Vater Transmission Main, Phase III. 600.2 square foot Public Utility Easement out of Lot 30, Block L. Cooper Oaks, Section 1-A, a subdivision in the City of Austin, Travis County, Texas, owned by Mr. Adrian M. Overstreet, Jr. for the South Mopac/Cherry Meadows Drainage Improvements Phase III Project. Council Memo 7 1/7/88 1. 15,414 square feet of land for a Permanent Water and Vastewater Easement and two Temporary Construction Easements containing 19,270 square feet out of the Santiago Del Valle Grant owned by Central Texas Equipment Company for the Riverside Drive Water Transmission Main Project. j. 4,593 square feet of Right-of-way in fee simple out of and a part of Lot Five (5) in Block B of Acres West, a subdivision in Williamson County, Texas, owned by Henry B. Mayes, Jr. and John J. Fields d/b/a Nova Investment Group for the U.S. Highway 183 Improvement Project. Item Postponed Postponed to January 21, 1988 is consideration of filing of eminent domain proceedings for the following: Two permanent Water Transmission Main Easements containing 48,762 square feet of land and two Temporary Construction Easements containing 60,821 square feet of land out of the Lucas Munos Survey No.55, Abstract No. 513 and the James Burleson Survey No. 19, Abstract No. 4 in Travis County. Texas from P. Frank Lake, Trustee for the East Austin Water Transmission Main, Phase III Project. Capital Improvements Program Approved acquisition of 1.851 acre tract of land for the Dry Creek Lift Station Site. (Gilbert W. & Alice S. Anderson, owners) C.I.P. No. 85/23-30. --------- - - Approved a proposed Supplemental Amendment No. 2 to the Professional Services Agreement between the City of Austin and Freese & Nichols, Inc., for design phase services in connection with the East Ben White Transmission Main for the Water and Wastewater Utility Department. C.I.P. No. 85/22-51. : : Council Memo Contracts Approved 8 Approved the following contracts: BRB CONTRACTORS, INC. 7801 North Lamar, Suite D-79 Austin, Texas - KENCON CONSTRUCTORS, INC. 13505 Vista Bonita San Antonio, Texas ELLA CONTRACTING, INC. P. O. Box 16498 Austin, Texas ALPINE TV & APPLIANCE SERVICE RENTALS 204 East 53rd Street Austin, Texas ELECTRIC UTILITY CONSTRUCTION, INC. 3300 South Aspen Broken Arrow, Oklahoma HENKEL'S & MCCOY, INC. 4220 Justin Road Levisville, Texas - - ト 1/7/88 CAPITAL IMPROVEMENTS PROGRAM East Austin Pump Station, Vater and Wastewater Utility Department Total $4,865,000.00 C.I.P. No. 86/22-31 - CAPITAL IMPROVEMENTS PROGRAM Fire Station - 9409 Bluegrass Drive, Transportation and Public Services Department Total $677,187.00 C.I.P. No. 85/83-07 - CAPITAL IMPROVEMENTS PROGRAM Construction of TSM Improvements, Transportation and Public Services Ben White Boulevard Corridor, Department Total $310,806.68 C.I.P. Nos. 85/62-56 and 87/22-39 - CAPITAL IMPROVEMENTS PROGRAM One Hundred (100) Window Mounted - Air Conditioners, Resource Management Department Total $37,150.00 C.I.P. No. 85/52-02 - - CAPITAL IMPROVEMENTS PROGRAM - Installation of Overhead Electric Distribution Facilities for East St. Elmo to East Alpine - 3 Phase Reconductor, Electric Utility Department Total $64,138.00 C.I.P. No. 88/14-02 CAPITAL IMPROVEMENTS PROGRAM - Installation of Overhead Electric Distribution Facilities for Sherbourne Street 3 Phase Reconductor, Electric Utility Department Total $110,884.00 C.I.P. No. 88/14-02 Council Memo 9 1/7/88 TSE INTERNATIONAL 5301 Shreveport Highway Shreveport, Louisiana PORT ENTERPRISES, INC. P. 0. Box 447 Port Lavaca, Texas Bid avard: - - - Cable Puller/Tensioner, Electric Utility Department Total $58,685.00 88-0052-OM Re-roofing and Wall Repair at the Rebecca Baines Johnson Building Transportation and Public Services Department Total $136,804.00 P.B.D. Project No. 87-32 Repair Parts for General Motors Cars and Light Duty Trucks, General Services Department Twelve (12) Month Supply Agreement Total $70,000.00 88-0053-0M (1) CAPITOL CHEVROLET, INC. 501 North Lamar Austin, Texas (2) HENDRIX GMC TRUCKS, INC. 4400 South IH-35 Austin, Texas SAFE-QUIP, INC. (VBE) 10109 McKalla Place Austin, Texas Bid avard: - Item 1 - $35,000.00 - Item 2 - - $35,000.00 Services, Department Fire Extinguishers, General Twelve (12) Month Supply Agreement Items 1-44 - $31,764.00 88-0007-DC Tires and Tubes, General Services Department Twelve (12) Month Supply Agreement Total $500,894.00 87-0438-VW/OM Items 1-23, 84-93, 104-119 - $71,814.00 (1) PURCELL TRUCK TIRE CENTER 15325 North IH-35 Austin, Texas (2) YOUNGBLOOD GENERAL TIRE, INC. 506 North Lamar Boulevard Austin, Texas MAGNATRADE CORP. 321 South Boston Tulsa, Oklahoma TEXAS INDUSTRIES, INC. 825 Ed Bluestein Boulevard Austin, Texas - - - Items 24-83, 94-103, 150 $429,080.00 Sodium Hexametaphosphate, Water and Wastewater Department Twelve (12) Month Supply Agreement Item 1 $157,325.00 88-0041-DC - Mortar Sand, Parks and Recreation Department Twelve (12) Month Supply Agreement Item 1 $33,500.00 88-0005-DC - Council Memo 10 1/7/88 PROCTER & GAMBLE P. 0. Box 1910 Dallas, Texas SOUTHERN SAFETY SALES P. 0. Box 4065 Austin, Texas APPLIED DATA RESEARCH 13430 Northwest Freevay Suite 1100 Houston, Texas BAXTER HOSPITAL SUPPLY Rt. 1, Box 204 Mt. Calm, Texas Consumer Advocate - - - - - Disposable Diapers, Brackenridge Hospital Twelve (12) Month Supply Agreement Total $29,663.29 BS8-020 Concha Water, Brackenridge Hospital Twelve (12) Month Supply Agreement Total $38,646.48 BSB-045 On-line Programming and Source Management Software System, Brackenridge Hospital Total $43,220.00 BH8-016 EKG Pads, Brackenridge Hospital Twelve (12) Month Supply Agreement Total $34,112.16 BS7-379 Items 2-4- $29,663.29 BS8-20 Electric Utility Rate Process Approved a Professional Services Agreement (RFP) with Jarilyn Dupont, Attorney at Law, and Annette LoVoi, Consumer Consultant, Joint Venture, regarding the provision of services as the Consumer Advocate in the Electric Utility Rate Process in an amount not to exceed $86,725.00. License Agreement Approved entering into the following License Agreement: a. To allow the installation of landscape and an irrigation system into the right-of-way of Braker Lane from U.S. 290 East, West to the intersection of Braker Lane and Giles Road, Giles Road right-of-way from Braker Lane to Boyce Lane, Harris Branch Project. (Request submitted by Robert Moorman on behalf of Lexington Development Company) Contracts Postponed Postponed to January 12 and 14, 1988 is a contract for Hayden Concrete Company. Postponed to a later date is consideration of a contract for Willamette Industries, Inc. for continous paper stock. Item Postponed Postponed to January 21, 1988 is consideration of approval of 60 day extension to a contract with Washington National Insurance Co. Council Memo Ethics Review Commission 11 1/7/88 Appointed members of the Ethics Review Commission to specific staggered terms of office. Mayor Cooksey stated, "I want the record to reflect that the resolution is the one in the backup material that sets the terms of the Ethics Review Commission as follows, that the initial members appointed by the City Council members for Place 1, 3 and 4 are appointed to terms which expire July 1, 1988, with successive two year terms and that the initial members of the Ethics Review Commission appointed by the Mayor and City Council members for Place 2, 5 and 6, appointed to terms which expire July 1, 1989 with successive two year terms." Austin Housing Finance Corporation Affirmed the action of the Austin Housing Finance Corporation to underwrite the cost of the U.S. Conference of Mayors National Housing Forum. Affirmed the action of the Austin Housing Finance Corporation to fund a Downpayment Assistance Program in conjunction with the Good Neighbor Project. I-Net I-Net. Approved allocation of modulators for KLRU's use on the Item Already Acted Upon Approved utilization of Cablevision settlement funds and guidelines for distribution of Cablevision settlement funds on January 5, 1988. Public Hearing Set Set a public hearing on the Leveraged Loan Pool Program Operating Regulations for January 14, 1988 at 4:30 p.m. Emergency Contract with Valero Transmission, L.P. Approved Emergency Contract with Valero Transmission, L.P., for replacement of 25% of the City's gas needs during January, 1988. RECESS Council recessed its meeting from 3:45 p.m. to 3:55 p.m. to hold a meeting of the Austin Housing Finance Corporation. TIPS WAREHOUSE The City Manager report on Tips Warehouse was postponed to January 14, 1988. Council Memo ANNEXATION 12 1/7/88 ! : Council had before them for consideration the third reading of an ordinance granting full purpose annexation of the proposed Northwest Austin MUDs 1 & 2 (Canyon Creek) area, and the 3M Schlumberger and Water Treatment Plant #4 sites. (C7a-87-001). Councilmember Carl-Mitchell made the following motion, seconded by Mayor Cooksey: Motion Councilmember Carl-Mitchell: I would like to move approval of third reading of the annexation and that would include the Northwest Austin MUDs 1 and 2, which is the Canyon Creek area, the 3M and Schlumberger Water Treatment Plant #4 sites. The strip agreed upon was the Beard Ranch and the strip of property on the road right-of-way agreed upon with the owners of PWB. Karen Walz, Comprehensive Planning; If you wish to annex a strip of land within the PWB site the staff would recommend you annex the strip they requested along the eastern property boundary rather than the one along... Councilmember Carl-Mitchell: That's fine. The one agreed upon by the property owners and the City staff. And we have not reached an agreement with the Ribelin tract? Karen Walz: That is correct. That will be as staff originaly identified it. Motion passed by a vote of 7-0. CIGARETTE PROMOTION The Council, on Councilmember Shipman's motion, Councilmember Humphrey's second, passed through FIRST READING of an ordinance amending Chapter 10-5, Section 10-5-3 of the Code of the City of Austin 1981, by adding a new subsection (j) prohibiting persons in the business of selling or promoting cigarettes, etc., from delivering free cigarettes upon any public street, highway, bridge, alley, sidewalk, or right-of-way in the City. (5-0 Vote, Mayor Pro Tem Trevino and Councilmember Urdy abstained) A COMPLETE TRANSCRIPT OF DISCUSSION IS ON FILE IN THE CITY CLERK'S OFFICE. CITY AND COUNTY JAIL CONSOLIDATION Council held a discussion on a resolution to enter into an Interlocal Agreement with Travis County to provide for the consolidation : Council Memo 13 1/7/88 of City and County jail facilities. It was unanimously decided to post this item for action on the January 12, 1988 and January 14, 1988 agendas. CHANGE ORDERS The Council, on Councilmember Carl-Mitchell's motion, Mayor Pro Tem Trevino's second, adopted a resolution approving the following change order:: a. In the amount of $76,176.03 to Underground Utilities for the Howard Lane to Northtown Phase II-B Main Project. (12.34% of the original amount of $617,334.00) C.I.P. No. 85/22-20 (5-1-0 Vote, Councilmember Humphrey voted No, Councilmember Nofziger out of the room) The Council, on Councilmember Carl-Mitchell's motion, Councilmember Shipman's second, adopted a resolution approving the following change order: a. In the amount of $38,387.50 to increase the encumberances for engineering fees for Howard Needles Tammen & Bergendoff, Austin Gateway Access Study (Downtown East/West Arterial Study) for Professional Services. (12% increase of origianl contract amount of $318,590.00) C.I.P. No. 85/62-21 (6-0 Vote, Councilmember Nofziger out of the room) CONTRACT - BRACKENRIDGE HOSPITAL PHARMACY The Council, on Councilmember Humphrey's motion, Mayor Pro Tem Trevino's second, adopted a resolution approving a contract as follows: (6-0 Vote, Councilmember Carl-Mitchell out of the room) AMFAC HEALTH CARE 12732 O'Connor Road San Antonio, Texas - Generic Drugs, Brackenridge Hospital Twelve Month Service/Supply Agreement Total $2,800,000.00 BC8-035 APPEALS TO COUNCIL SET The Council, on Councilmember Urdy's motion, Mayor Pro Tem Trevino's second, set the following appeals to Council: (7-0 Vote) a. Set a public hearing, requested by Mr. Sam E. Dunnan, on an appeal of the Planning Commission's decision regarding denial of Conditional Use Permit in Case No. C14p-87-023 for February 11, 1988 at 4:00 p.m. Council Memo b. 14 1/7/88 Set a public hearing, requested by Mr. Donovan Davis, on an appeal to the issuance of Site Development Permit No. 8199 (replacing Permit No. 87-08-2756) for The Club at Wells Branch - Wells Branch Parkway at Wells Port Drive: January 21, 1988 at 6:00 p.m. REQUEST WITHDRAWN Richard T. Suttle's request to set a public hearing on an appeal was withdrawn. 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, 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) City of Austin v. Houston Lighting and Power (b) Overton et al v. City of Austin (c) Southern Union Gas v. City of Austin (d) City of Austin/LCRA v. Decker Coal Company (e) City of Austin v. Dripping Springs (f) LCRA and City of Austin v. Burlington Northern Railroad et al. 2. Contemplated Litigation - Section 2, Paragraph e (a) Enforcement of Letters of Credit 3. Personnel Matters - Section 2, Paragraph g (a) City Manager Search RECESS Council recessed for executive session at 6:12 p.m. and resumed its recessed meeting at 7:35 p.m. HEARING EXAMINER - ELECTRIC UTILITY RATE PROCESS The Council, on Mayor Pro Tem Trevino's motion, Councilmember Urdy's second, adopted a resolution approving a professional services agreement (RFP) with Rafael Quintanilla, Attorney and Counselor in an amount not-to-exceed $53,640.00 to provide services as the hearing examiner in the Electric Utility Rate Process. (6-1 Vote, Councilmember Humphrey voted No. ! Council Memo CIP PROJECTS 15 1/7/88 The Council, on Mayor Pro Tem Trevino's motion, Councilmember Urdy's second, adopted a resolution approving 12 month contracts for land acquisition services for C.I.P. projects with the following firms in the estimated amount of $400,000.00. (6-1 Vote, Councilmember Shipman voted No) a. Appraisal Associates, Inc. b. Hub Bechtol & Associates c. S.A. Garza & Associates d. Landtask e. Southwest Land (MBE) f. Texas Field Services g. Trans-Texas Land Services ADVERTISING CONSULTANT The Council, on Mayor Pro Tem Trevino's motion, Councilmember Carl-Mitchell's second, adopted a resolution approving professional services agreements for creative advertising and media buying services to be provided on a "per project" basis with McDonald Davis & Associates and Sherry Matthews Advertising for consultation services as needed for the remainder of the fiscal year 1987/1988 in an amount estimated at $600,000.00. (7-0 Vote) LAW FIRM RETAINED The Council, on Councilmember Humphrey's motion, Mayor Pro Tem Trevino's second, adopted a resolution approving the retention of the law firm of Lloyd, Gosselink, Ryan and Fowler. (6-0 Vote, Councilmember Carl-Mitchell out of the room) FINANCIAL FORECAST The Council, on Councilmember Humphrey's motion, Councilmember Shipman's second, adopted a resolution adopting the Five-Year Financial Forecast Assumptions. (7-0 Vote) TECHNICAL BOARD The Council, on Mayor Pro Tem Trevino's motion, Councilmember Carl-Mitchell's second, appointed Austan Librach and Jim Thompson as members of the Barton Springs Edwards Acquifer Conservation Districts's technical board. (7-0 Vote) ITEM FROM COUNCIL - Councilmember Shipman introduced an item to Council to consider a model ordinance and resolution to establish City Boards and/or Commissions, and consider a monthly appointment process. Council referred this matter to the Legal Department to write an ordinance and resolution and bring it back to Council. Council Memo 16 PUBLIC HEARING TO BE CONTINUED 1/7/88 The 4:30 p.m. public hearing on proposed amendments to Rules Posting Procedure was continued to January 28, 1988 at 7:00 p.m. PUBLIC HEARING - APPEAL Mayor Cooksey opened the public hearing set for 5:00 p.m. on an appeal from Mr. Charles Jordan, Director of the Parks and Recreation Department, on the decision of the City of Austin Office of Land Development Services Department regarding denial of a Site Development Permit for 5909 Crystal Brook Drive. Mr. Jordan explained that the use is for restrooms. Motion The Council, on Mayor Pro Tem Trevino's motion, Councilmember Urdy's second, closed the public hearing and approved a Site Development Permit for 5909 Crystal Brook Drive. (5-0 Vote, Councilmembers Nofziger and Humphrey out of the room. PUBLIC HEARINGS - GROUP HOME, FAMILY HOME & CONGREGATE CARE FACILITIES Mayor Cooksey opened the public hearings to consider amending the following: a. Chapter 13-2A (Revised Zoning Regulations) modifying existing "Group Home" definition, adding a new definition of "Family Home" to be consistent with State Law. b. To amend Chapter 13-2A by adding three new "Congregate Care Facility" definitions for facilities with more than 15 residents. Cards for speakers are on file in the City Clerk's office. Motion The Council, on Councilmember Urdy's motion, Councilmember Nofziger's second, voted to continue the public hearing to January 28, 1988 at 8:00 p.m. (5-0 Vote, Mayor Pro Tem Trevino and Councilmember Humphrey out of the room) 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 cases follows each listing. day. Some of the cases were voted on by consent earlier in the Others were discussed after other public hearings were held. Council Memo (1) -87 ANN SEAMAN 17 162 By Gary Seaman 813 & 901 South Lamar Boulevard 10606 Pecan Park Road (2) -87 VSLA DEVELOPMENT 132 CORP. By P & D Technologies 1/7/88 From "SF-3" Το "CS" RECOMMENDED FIRST READING From "SF-2" To CH" FIRST READING RECOMMENDED subject to: limit floor area ratio to 0.50, limit building height to 90 feet, restrict peak hour trips to the existing allocation for Pecan Park as identified in the phasing agreement and amend phasing agreement for Pecan Park to include the subject tract. (3) -67 REALTEX FUNDING 145 CORP. Villiam Cannon & Southwest Parkway From "SF-1", "SF-6", "MF-1" & "UNZ" By Armbrust & Brown Το "SF-2", "MF-1" and "MF-2" FIRST READING "SF-2" RECOMMENDED "MF-2" for Tract A, limited to 264 dwelling units; "HF-2" for Tract B, limited to 442 dwelling units; "MF-2" for Tract C, limited to 361 dwelling units; for Tract D, limited to 24 dwelling units; "SF-2" for Tract E, limited to 56 dwelling units; "SF-2" for Tract F, limited to 29 dwelling units; "SF-2" for Tract G, limited to 58 dwelling units; "MF-2" for Tract H, limited to 275 dwelling units; "SF-2" for Tract I, limited to 97 dvelling units; "SF-2" for Tract J, limited to 20 dwelling units; with specific inclusion of agreements in October 29, 1987 letter from Morton to OHAN. Amend restrictive covenant on Tract K to increase density from 92 to 118 units. (On Mayor Pro Tem Trevino's motion, Councilmember Shipman's second, 6-0 Vote, Councilmember Urdy out of the room) (4) r-87 HARRIET SPROULL 12306 Burnet Road 071 By Brown, Maroney SUBJECT TO TIA RECOMMENDATION From "GO" Το "GR" NO RECOMMENDATION FIRST READING (On Mayor Pro Tem Trevino's motion, Councilmember Shipman's second, 6-0 Vote, Councilmember Humphrey absent) Councilmember Humphrey left the Council Chamber at this point. i i Council Memo 18 (5) r-87 GERALD KUCERA/ 158 R. T. MAYFIELD 3815 Spicevood Springs Road By Kristaponis, Gregory & Assoc. 1/7/88 From "LR" Το "GR" RECOMMENDED ORDINANCE (On Mayor Pro Tem Trevino's motion, Councilmember Shipman's second, 6-0 Vote, Councilmember Urdy out of the room) (6) r-87 LAKE CREEK VILLAGE 12129 R. M. 620 161 PARTNERSHIP North By Consort, Inc. From "LR" Το "GR" RECOMMENDED EMERGENCY PASSAGE OF ORDINANCE (On Councilmember Carl-Mitchell's motion, Mayor Pro Tem Trevino's second, 6-0 Vote, Councilmember Humphrey absent) (7) r-85 STANLEY P. SMITH 053 By Carl E. Nevsome 824-834 North Bluff Drive 812-816 William Cannon Drive 6126-6538 South Ι.Η. 35 From "I-SF-3" Το "GR" & "RR" 1 STORY .13 FAR EMERGENCY PASSAGE OF ORDINANCE RECOMMENDED "GR" and "RR" for the flood plain, subject to the T.I.A. recommendations, and delete the site plan requirement. (On Councilmember Carl-Mitchell's motion, Councilmember Urdy's second, 6-0 Vote, Councilmember Humphrey absent) (8) 8-87 SANDAHL PUD 005 By Kristaponis, Gregory & Assoc. 9000-10000 Brodie Lane & Riddle Road/Slaughter Lane From "DR" & "I-RR" To PUD POSTPONED ΤΟ 1/14/88 AT 4:00 Ρ.Μ. RECOMMENDED subject to "GR" for lots 1, 3-7; and "W/LO" for lot 2; and "RR" for the flood plain; with a conditional overlay prohibiting gas stations on this site, subject to the T.I.A. recommendations as amended by staff and the Environmental Board Resolution of October 14, 1987. This zoning is to be tied to a P.R.A. site plan. To grant a variance from Section 13-3-102 to allow double lot frontage for lot 2. The Planning Commission recommends that the City Council accept the area to be undeveloped (20.59 acres) as parkland. The Planning Commission requests that the City Council review the policy concerning the location of gas stations over recharge zones. 1/7/88 Council Memo 19 (9) r-87 THE CONSORTIUM 166 By Thompson- 3625 Manchaca Rd. Bohmfalk Arch. Co. From "LO" To "GR" DENIED RECOMMENDED "GR" for 957 sq. ft. with conditional overlay restricting retail use to interior design and its accessory uses conducted by the group currently operating the business, prohibiting any nev signage advertising the retail use, and subject to dedication of 45 feet of right-of-way from the centerline of Manchaca Road. (On Councilmember Shipman's motion, Councilmember Carl-Mitchell's second, 4-2 Vote, Mayor Pro Tem Trevino and Councilmember Urdy voted No.) (10) -87 NORTHCROSS 143 ASSOCIATES, LTD. By Jerry Harris (11) -80 NORTHCROSS 158 ASSOCIATES, LTD. By Jerry Barris 7696-7730 Northcross From "LO" & "SF-3" Drive Το "MF-4" NOT RECOMMENDED CONTINUED TO FEBRUARY 11, 1988 7696-7730 Northcross Amendment to Drive Restrictive Covenant NOT RECOMMENDED CONTINUED TO FEBRUARY 11, 1988 (On Mayor Pro Tem Trevino's motion, Councilmember Shipman's second, 6-0 Vote, Councilmember Urdy out of the room) (12) -87 MITCHEL VONG/ 154 FRANK R. RUNDELL COMPANY By Consort, Inc. 1909-2013 Redwood Avenue From "SF-3" Το "GR" NO RECOMMENDATION DENIED (On Councilmember Urdy's motion, Councilmember Shipman's second, 6-0 Vote, Councilmember Humphrey absent) (13) p-87 COMMITTEE FOR 600-700 Loop 360 Site Plan Approval Wild Basin Interpretive Center CONTINUED TO FEBRUARY 11, 1988 012 VILD BASIN, INC. North -HC By Conevay & Assoc. ADJOURNMENT - Council adjourned its meeting at 12:05 a.m., January 8, 1988. No discussion or action taken on Gilbane Update or City Manager Search.