LOL M FOUNDED 1039 Austin City Council MINUTES For March 24, 1988 - 1:00 Ρ.Μ. Council Chambers, 307 West Second Street, Austin, Texas Memorandum To: The : Mayor Cooksey called to order the meeting of the Council, noting the presence of all Councilmembers. MINUTES APPROVED Approved minutes for regular meeting of March 17, 1988 and special meeting of March 15, 1988. (4-0 Vote, Mayor Pro Tem Trevino, Councilmembers Urdy and Carl-Mitchell out of the room) CITIZEN COMMUNICATIONS John Joseph discussed the Capital Recovery fee Ordinance. Alex W. Young talked about proposal for joint City/County planning commission. James Allman discussed status of C.I.P. project to replace sewers in Hyde Park. Mark Weaber discussed massage parlor ordinance. Col. Don Rettberg told Council about the new facility for the Infant-Parent Training Center. Carole Rylander, Ron Mullen, Dr. S.S. Dryden, Gilbert Martinez reading a letter from Hector DeLeon and Bill Youngblood all discussed the Police cadet class. POLICE CADET CLASS Mayor Cooksey stated that the Police cadet class, which Council had voted to postpone, can be funded with the pass through of funds in the Electric Utility from the South Texas Nuclear Project settlement. If for some reason the STNP settlement should fail, then the cadet class will be funded through the ending balance. Mayor Cooksey said there would be a resolution concerning the cadet class on the March 31, 1988 agenda. Sarah Farley, Budget Director, discussed the $1.5-million shortfall in the police budget. She said they have delayed and/or deleted overtime, and delayed new computer programming. They have frozen some jobs and have found excess funds in terminal pay. These things generated $994,000. It was determined that the delay of the cadet class and freezing of more positions would save $365,000. That, she said is the recommendation and it still remains. Council Memo 2 BRACKENRIDGE HOSPITAL BOARD REPORT 3/24/88 Mrs. Betty Himmelblau presented the Brackenridge Hospital Board Report on Advance from Investment Pool and Related Issues. She said the Board supports the Manager's recommendation concerning the hospital debt accrued from the past and asked when Council would vote on the critical issue. Mayor Cooksey said the recommendation for action will be posted in the next several weeks. SIGN ORDINANCE AMENDMENTS POSTPONED Postponed to March 31, 1988 is consideration of amendments to the Sign Ordinance. ZONING ORDINANCES Council passed through second/third readings of ordinances amending Chapter 13-2A of the Austin City Code (Zoning Ordinance) to cover the following changes: (6-0 Vote, except where otherwise noted) (1) RAY ROBERTSON C14-85-288.41 8400-8420 Old Bee Caves Road From "I-RR" to Tr. 1 "LR" Tr. 2 "MF-1" ORDINANCE First reading on April 16, 1986, (5-0). Mayor Pro Tem Trevino and Councilmember Humphrey out of the room at roll call. Conditions have been met as follows: Restrictive Covenant incorporating conditions imposed by Council has been executed. (1) ANDREW AND EVELYN JACOBSEN Jr. C14e-85-391 9409 Dessau Road From "I-SF-3" to "CS" ORDINANCE First reading on April 3, 1986, (5-0). Mayor Cooksey out of the room at roll call. Conditions have been met as follows: Applicant requests to delete the site plan requirement as a condition of zoning and complete the second/third readings; the right-of-way dedication requirement has been satisfied. (3) JAMES MORITZ C14r-85-258 4105 Mesa 5-0 Vote, Mayor Cooksey abstained, Mayor Pro Tem Trevino out of the room From "I-SF-2" & "I-RR" to "LO" ORDINANCE First reading on December 5, 1985, (4-1). Councilmember Shipman out of room at roll call and Councilmember Carl-Mitchell absent. Conditions have been met as follows: Development restricted to that shown on the site plan attached as an exhibit to the ordinance. - 1 Council Memo (4) OAK HILL HEIGHTS 3 8500-8900 FM 1826 JOINT VENTURE By Vera D. Massaro C14-86-004 (Part) 3/24/88 From Tr. 5 "I-RR" Tr. 5A "I-RR" Tr. 6 "I-RR" to Tr. 5 "SF-2" Tr. 5A "RR" Tr. 6 "SF-3" ORDINANCE First reading on January 28, 1988, (7-0). Conditions have been met as follows: Development restricted to that shown on the site plan attached as an exhibit to the ordinance. PUBLIC HEARING SET From "DR" to "GR" Ordinance 8600 F4969 Robert Kim + Decker Lana 214-87-168 shigal to thist scocon on site Dhe ne per attacked war eptirlit to Ord. Set a public hearing at 4:00p.m., May 12, 1988 in connection with paving assessments to be levied on Montopolis Drive, consisting of one unit covering approximately 17 blocks. C.I.P. No. 78/62-09, on Councilmember Humphrey's motion, Councilmember Nofziger's second, (5-0 Vote, Mayor Pro Tem Trevino and Councilmember Nofziger out of the room) CONSENT RESOLUTIONS The Council, on Councilmember Humphrey's motion, Councilmember Carl-Mitchell's second, adopted the following resolutions all in one motion: (6-0 Vote, Mayor Pro Tem Trevino out of the room) Street Right-of-Way Approved dedication of right-of-way for street purposes out of a City-owned tract known as the St. Elmo Road Service Center. Capital Improvements Center Authorized the filing of Eminent Domain Proceedings to acquire: a. 0.357 acre (15,570 square feet) of land in fee simple out of the James De. Goode Survey No. 30 in Travis County, Texas owned by Richcreek Associates for the U.S. Highway 183 Expansion Project. C.I.P. No. 85/62-02 b. c. d. 1.1020 acres of land in fee simple out of the Gregory V. Neuman Subdivision, Travis County, Texas owned by Lakshminarayanan Srinivasan for the U.S. Highway 183 Expansion Project. C.I.P. No. 85/62-01 0.720 acre (31,349 square feet) of land in fee simple out of the James Rodgers Survey No. 19 in Travis County, Texas owned by Bright Banc Savings Association for the U.S. Highway 183 Expansion Project. C.I.P. No. 85/62-02 0.513 acre (22,340 square feet) of land in fee simple out of the George V. Davis Survey No. 15, Abstract No. 217 in Travis County, Texas owned by Tripod Realty, Inc. and Grace Chen for the U.S. Highway 183 Expansion Project. C.I.P. No. 85/62-02 Council Memo 4 3/24/88 e. 0.400 acre (17,410 square feet) of land in fee simple out of the George V. Davis Survey No. 15, Abstract No. 217 in Travis County, Texas owned by Tripod Realty, Inc. for the U.S. Highway 183 Expansion Project. C.I.P. No. 85/62-02 f. 2.604 acres of land out of the Villian Bell Survey No. 24 in Travis County, Texas, owned by L & K Partnership for the U.S. Highway 183 Expansion Project. C.I.P. No. 85/62-01 g. 0.361 acre (15,744 square feet) of land in fee simple out of the James D. Goode Survey No. 30 in Travis County, Texas owned by Jerry V. Willingham for the U.S. Highway 183 Expansion Project. C.I.P. No. 85/62-01 h. : 3.002 acres of land in fee simple out of the Elisha Allen Survey No. 2, Abstract No. 18, Williamson County, Texas owned by Clarence T. Bach and wife Vilma J. Bach for the U.S. Highway 183 Expansion Project. C.I.P. No. 85/62-01 1. 1,605 square feet of land in fee simple out of the George W. Davis Survey No. 15, Travis County, Texas owned by R. L. Heinrichs and Anthony George, Jr., Trustees, for the U.S. Highway 183 Expansion Project. C.I.P. No. 85/62-01 j. Drainage Easement containing 35,273 square feet of land out of the J.C. Tannehill Survey No. 29 in Travis County, Texas owned by Irving M. Groves, III for the Loyola Lane Street and Drainage Improvements Project. C.Ι.Ρ. 85/62-32. Filing of Eminent Domain Proceeding Postponed Postponed to March 31, 1988 is filing of the following eminent domain proceeding: Three electric transmission line easements containing 1.15 acres over Tract 1, Tract 2 and Tract 3 out of the Francisco Garcia Survey No. 60, Travis County, Texas, owned by Abu Dhabi, Inc. for Circuit 961, Jollyville Substation to Howard Lane Substation. C.I.P. No. 85/13-06. Contracts Approved .. Approved the following contracts: CAPITAL IMPROVEMENTS PROGRAM - R.G.D. BUILDERS, INC. 2013 Wells Branch Parkway, Ste. 303 Three (3) Emergency Medical Austin, Texas Services Structures, Emergency Medical Services Department Total $263,900.00 C.I.P. Nos. 85/93-04, 85/93-02 Council Memo b. SOUTH WAY ELECTRIC UTILITY SERVICE, INC. 9705 Beck Circle Austin, Texas 5 - 3/24/88 CAPITAL IMPROVEMENTS PROGRAM - Transmission Armor Rods and Conductor Dampers to be used on nev 138 KV Circuits 906 and 917, McNeil Substation to Decker Substation to Kingsbery Substation, Electric Utility Department Total $29,916.36 C.I.P. No. 88/13-01 c. CAMPBELL JANITORIAL SERVICES (MBE) P. 0. Box 49482 Janitorial Services at Town Lake Center, Electric Utility Department Austin, Texas Tvelve (12) Month Service Agreement Total $51,585.00 88-5028-EC :: d. GSX CHEMICAL SERVICES, INC. P. O Box Draver C - Greenbrier, Tennessee e. LONGHORN INTERNATIONAL EQUIPMENT, - INC. 4711 E. 7th Street Austin, Texas £. UNION METAL CORPORATION g. h. 1. 709 Lingco, Suite 101 Richardson, Texas BAXTER O.R.D. 13614 Wood Lane San Antonio, Texas BEST HOSPITAL SUPPLY 2437 Willow Bend Richmond, Texas WALDENBOOKS 1276 Highland Mall Austin, Texas - - - - Household Hazardous Vaste Collection, Transportation and Disposal Program, Department of Environmental Protection, Vater and Wastewater Utility, and Transportation and Public Services Department Total $56,777.00 88-8089-KK Seven (7) Heavy Duty Truck Chassis, General Services Department Total $237,265.00 88-0138-OK Street Lighting Standards, General Services Department Total $51,000.00 88-0106-RD Disposable Heart Catheter Trays and Disposable Angiography Trays, Brackenridge Hospital Twelve (12) Month Supply Agreement Total $34,014.60 BS8-092 Garments and Linens, Brackenridge Hospital Twelve (12) Month Supply Agreement Total $80,342.58 BS7-357 Books, New York Times Bestsellers and other items, Austin Public Library Department Twelve (12) Month Supply Agreement Total $50,000.00 88-0051-LI Council Memo 6 Spot Coal Purchase for Fayette 3/24/88 Approved entering jointly with the Lower Colorado River Authority into a six month contract for spot coal purchases for the Fayette Power Project and the Electric Utility Department from Peabody Development Co. in the amount of $4,103,149.00 Grant Application - Library Approved a grant application to the Texas State. Library and Archives Commission to provide Interlibrary Loan Service for the period September 1, 1988 to August 31, 1989. - ----- Approved an application for a grant from the Texas State Library and Archives Commission for $41,840.00. for the continuation of the East Austin Literacy Project at the Govalle Branch Library for the period September 1, 1988 - August 31, 1989. CableVision Access Production Equipment Approved Austin CableVision's request to purchase $142,028.00 worth of access production equipment as specified by the Austin Cable Commission for use by Austin Access. Emergency Shelter Grant Application Authorized submission of an Emergency Shelter Grant application to the United States Department of Housing and Urban Development (HUD) and acceptance of the $13,000.00 FY '88 Grant. Crime Prevention Program Authorized the City Manager to submit a grant application to the State of Texas, Governor's Office, Criminal. Justice Division in the amount of $63,538.00 for the purpose of providing funding for the Neighborhood Centers Crime Prevention Program of the Austin Police Department. CONTRACT FOR TRUCKS, VANS & UTILITY VEHICLES Council had before them for consideration approval of contracts for twenty-two trucks, vans and utility vehicles for General Services Department. Motion The Council, on Councilmember Humphrey's motion, Councilmember Shipman's second, approved contracts for the replacement vehicles only. (6-0 Vote, Mayor Pro Tem Trevino out of the room, with a 5-0 vote for purchase from McMorris Downtown Ford, Inc., with Mayor Cooksey abstaining, Mayor Pro Tem Trevino out of the room) (Continued on next page) Council Memo 7 Motion - FAILED 3/24/88 Councilmember Carl-Mitchell made a motion, seconded by Councilmember Urdy to purchase new vehicles as listed. Motion failed by a vote of 4-3 with Mayor Cooksey, Mayor Pro Tem Trevino, Councilmembers Humphrey and Nofziger voting No, with a 3-3 Vote for purchase from McMorris Downtown Ford, Inc. with Mayor Cooksey abstaining. Motion FAILED. LATER IN THE DAY: Motion Later in the day a motion was made to reconsider the vote by Councilmember Carl-Mitchell and seconded by Councilmember Shipman, 7-0 Vote. Motion The Council, on Councilmember Carl-Mitchell's motion, Councilmember Shipman's second, adopted a resolution approving the new vehicles listed as 4,5,9,10. (4-3 Vote with Mayor Cooksey, Councilnembers Humphrey and Nofziger voting No, with a 4-2-0 vote purchase from McMorris Downtown Ford, Inc. with Mayor Cooksey abstaining and Councilmembers Humphrey and Nofziger voting No.) Following is the bid award for both replacement and new. vehicles: (1) Bid avardı (a) NORTH CENTRAL DODGE, - - Twenty-two (22) Trucks, Vans and Utility Vehicles, General Services Department Total $239,138.31 88-0092-OM Items 1,6,13, & 14 - $66,555.00 INC. 7309 N. IH-35 Austin, Texas (b) COLORADO VALLEY TRUCK & TRACTOR Route 1 La Grange, Texas (c) LEIF JOHNSON FORD, INC. 501 Koening Lane Austin, Texas (d) MCMORRIS DOWNTOWN FORD, INC. 808 V. 6th Street Austin, Texas (e) HENDRIX GHC TRUCKS, INC. 4400 8. IH-35 Austin, Texas - Items 2 & 3 - $28,036.31 - - Items 4,5,8 & 11 - $53,778.00 Items 7,9, & 10 - $68,513.00 - Iten 15 - $22,256.00 Council Memo 8 POINT VENTURE MUNICIPAL UTILITY DISTRICT 3/24/88 The Council, on Councilmember Shipman's motion, Councilmember Humphrey's second, waived the requirement for three readings and finally passed an ordinance authorizing the City Manager to execute the agreement concerning the creation and operation of Point Venture Municipal Utility District. (5-0 Vote, Mayor Pro Tem Trevino out of the room, Councilmember Nofziger abstained.) WASTEWATER DISPOSAL CONTRACT Council had before them for consideration approval of a Wastewater Disposal Contract between Brushy Creek Water Control and Improvement District No. I and Williamson and Milam Counties, the City of Austin, and the City of Round Rock and consideration of options for Wastewater Disposal in the Brushy Creek Watershed. Motion The Council, on Councilmember Carl-Mitchell's motion, Councilmember Shipman's second, adopted the following resolution: (5-2 Vote, Councilmembers Humphrey and Nofziger voted No.) Move that the City Manager be authorized to enter into an agreement with the City of Round Rock and the Brushy Creek WCID concerning wastewater disposal subject to the following changes: 1. Provision that Phase 1A be staged with the first stage being limited to construction of the tunnel, the interceptor downstream of the tunnel, and engineering of the 5 MGD treatment plant. Section 4.01 at a minimum requires more flexibility. 2. Provision in Article XI that the Technical Review Committee must recommend approval of all contracts prior to their award by the Board of Directors. The City Manager is also instructed to inform Round Rock and the Brushy Creek WCID that it is the City of Austin's urgent desire to minimize cash flow on the project at this time. In that regard, the Technical Review Committee is requested to have studies done which address cash flow and other aspects of the following: 1. The basis for projecting the need for an interceptor in Brushy Creek upstream of the tunnel and timing of such need. 2. The desireability of constructing an interceptor in Lake Creek upstream of the tunnel instead of an interceptor in Brushy Creek. i : 1 : 1 i Council Memo 9 3/24/88 3. The feasibility of minimizing cash flow requirements for construction of the treatment plant by one or more of the following methods: a. Obtaining interim treatment plant capacity from Round Rock as provided in Section 10.02 of the agreement. b. Monitoring growth in the area and interim service capabilities of users to determine when construction of the treatment plant is required. c. Examining the tradeoffs of providing service in the short term by constructing a smaller plant or relocating a 1 MGD Williamson Creek plant. d. Any other methods of reducing cash flow consistent with meeting service needs of the area. Any studies or reports done pursuant to the above shall be presented to the Water and Wastewater Commission and forwarded to the City Council for their information and any necessary action. In any event, the Water and Wastewater Commission shall be given a status report on the regional effort on a quarterly basis. HOMELESS PROGRAM FUNDS Council had before them for consideration a resolution to consider approval of process for appropriation of Homeless Program funds. Motion The Council, on Councilmember Carl-Mitchell's motion, Councilmember Nofziger's second, approved process for appropriation of Homeless Program funds, but conform the RFP to the recommendation of the Interim Planning Board and fast track this so it moves as quickly as possible, less then 60 days if feasible. (6-0 Vote, Mayor Pro Tem Trevino out of the room) EXECUTIVE SESSION 1 Mayor Cooksey announced Council would go into executive session, pursuant to Article 6252-17, Texas Revised Civil Statutes Annotated, to discuss matters of land acquistion, 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 1 Council Memo 2. Personnel Matters (a) (b) (c) - 10 3/24/88 Section 2, Paragraph g City Manager Search Appointment of Relief Judges Municipal Court Clerk RECESS Council recessed its meeting for executive session from 5:40 to 6:15 p.m. ITEM POSTPONED Postponed until March 31, 1988 is consideration of supporting the State Department of Highways and Public Transportation's recommendation to include Loop 360 (from U.S. 290 to U.S. 183) in its 5-year Project Development Plan, because additional language is needed. On Councilmember Shipman's motion, Councilmember Humphrey's second, 6-0 Vote, Mayor Pro Tem Trevino out of the room) PAVING ASSESSMENT POLICY REVISED The Council, on Councilmember Carl-Mitchell's motion, Councilmember Urdy's second, adopted a resolution revising the Paving Assessment Policy. (5-0 Vote, Mayor Pro Tem Trevino, Councilmember Shipman 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. (1) -87 R.L. TINGLEY 183 By Richardson Verdoorn (2) -87 STEBBINS FIVE PARTNERSHIPS By Kendall, Randle, Finch & Osborn 7417,7419 Ε.. Riverside Drive From "I-SF-3" Το "GR" & "CS-1" NOT RECOMMENDED RECOMMENDED "GR" POSTPONED TO APRIL 28, 1988 6909 Burnet Lane 2105 Cullen Avenue From "GR" & "MF-3" Το "GO" NO RECOMMENDATION PASSED THROUGH FIRST READING, SUBJECT TO RESTRICTIVE OVERLAY LIMITING USAGE TO CONVALESENCE SERVICES, CULTURAL SERVICES & RELIGIOUS ASSEMBLY AND LIMITING THE HEIGHT OF TRACT 2 TO 40', DENY THE STAFF RECOMMENDATION, DEDICATE 35 RIGHT-OF-WAY ON CULLEN AVENUE AND NOTED THAT A TIA WILL NOT BE REQUIRED IF THE USES, INTENSITIES PROPOSED IN TIA DETERMINATION MAINTAINED DO NOT EXCEED IT. (On Councilmember Carl-Mitchell's motion, Councilmember Humphrey's second, 5-0 Vote, Mayor Pro Tem Trevino & Councilmember Urdy out of the room.) Council Memo (3) -88 0002 11 BUCK DELL, et al. By Bush Surveying & Associates 8109 Longview Road 3/24/88 From "SF-3" Το "ΜΗ" NOT RECOMMENDED FIRST READING, STAFF RECOMMENDATION, GRANT SUBJECT TO DEDICATION OF 32' RIGHT-OF-WAY CENTER LINE OF LONGVIEW ROAD & 6 FENCE (On Councilmember Carl-Mitchell's motion, Councilmember Nofziger's second, 7-0 Vote) (4) -88 0005 CFC/HARDIN JOINT VENTURE 8701 N. MoPac Service Road By Clark, Thomas Winters & Newton From "LO" To "LR" NOT RECOMMENDED FIRST READING WITH AGREEMENT (On Councilmember Shipman's motion, Councilmember Carl-Mitchell's second, 7-0 Vote) (5) -87 186 CITY OF AUSTIN By Office of Land Development Services 4800 Nixon Lane From "I-SF-2" Το "LI" ORDINANCE (On Councilmember Carl-Mitchell's motion, Councilmember Shipman's second, 6-0 Vote, Mayor Pro Tem Trevino out of the room) CITY MANAGER REPORTS The report on Telecommunications Planning was postponed to March 31, 1988. Building Safety Department Business Plan report was presented on March 31, 1988. Council did not hear the Department of Environmental Protection Business Plan. The report on Water and Wastewater Issues was postponed indefinitely. OFFICE LEASING SPACE Ann Bradstreet, Alexander & Associates, presented the report on office leasing space for City of Austin employees. Motion Councilmember Shipman made the following motion, seconded by Councilmember Humphrey, which passed by a vote of 5-0 with Mayor Pro Tem Trevino and Councilmember Urdy out of the room. "I move we authorize a one-year renewal of approximately 100,000 square feet of existing City office space leases at the prices indicated on Page 2 of the report. If possible. I'd like the consultants to try to get cancellation options as part of these renewals, but that certainly is not a requirement. This action is i Council Memo 12 3/24/88 NO ACTION needed now because we can immediately begin to accrue savings of about $45,000 per month as we continue our search for a longer term arrangement. I'm also very interested in the proposals concerning the 1622 East Riverside property and ask for consensus from Council to direct staff and the consultants to pursue these possibilities. No action was taken on the City Manager Search or Gilbane Update on the Civic Center Project. PUBLIC HEARING CONTINUED Continued to March 31, 1988 at 5:00p.m. is continuance of the hearing on Town Lake Comprehensive Plan. ITEMS FROM COUNCIL Councilmember Carl-Mitchell introduced to Council a discussion of business expansion and retention study. Postponed to March 29 and March 31, 1988 is consideration of approval of a resolution adopting a City of Austin Transportation of Hazardous Material Policy as introduced by Councilmember Nofziger. PUBLIC HEARING SET A public hearing on Consideration of an Affordable Housing Policy was set for April 7, 1988 at 6:00 p.m. THREATENED & ENDANGERED SPECIES The Council, on Councilmember Nofziger's motion, Councilmember Humphrey's second, adopted a resolution creating a Citizen Task Force to begin researching and drafting language for a Threatened and Endangered Species Ordinance. (5-0 Vote, Mayor Pro Tem Trevino and Councilmember Shipman out of the room) ADJOURNMENT A.M. Council adjourned its meeting at 1:31.