Austin City Council MINUTES For May 19, 1988 - 1:00 Ρ.Μ. Council Chambers, 307 West Second Street, Austin, Texas Memorandum To: 1 Mayor Cooksey called to order the meeting of the Council, noting the presence of all Councilmembers. MINUTES APPROVED The Council, on Councilmember Humphrey's motion, Councilmember Nofziger's second, approved minutes for regular meeting of May 12, 1988 and special meetings of May 9, 1988, May 10, 1988 at 3:00 P.M., and second meeting of May 10, 1988 at 3:00P.M. and May 11, 1988. 4-0 Vote, Mayor Pro Tem Trevino, Councilmembers Urdy and Carl-Mitchell out of the room) MEXICAN AMERICAN CULTURAL CENTER The report on Feasibility Study of members of the Mexican American Cultural Center Task Force was presented. Motion The Council, on Mayor Pro Tem Trevino's motion, Councilmember Carl-Mitchell's second accepted the report and directed the process8 of review by boards to begin, and an agenda item for June 2,1988 will be to consider the appropriation of $10,000 to assist the committee to continue to the end of the fiscal year. (7-0 Vote) ZONING ORDINANCES The Council, on Councilmember Carl-Mitchell's motion, Mayor Pro Tem Trevino's second, passed through third readings of ordinances amending Chapter 13-2A of the Austin City Code (Zoning Ordinance) to cover the following changes: (7-0 Vote) : RICHARD DAVIS & CHARLES BATTS C14-85-058 10807 Motheral Drive 607 Ferguson From "I-SF-2" to "CS-CO" Ordinance Second reading May 12, 1988 (6-0). Councilmember Humphrey absent. Conditions have been net, Restrictive Covenant incorporating conditions imposed by Council has been executed. (Owner is requesting deletion of site plan requirement) Council Memo NED EWART & PHILLIP MARK C14-85-061 ว 2 602-604 Provines Drive 5/19/88 From "I-SF-2" to "GR-CO" Ordinance Second reading on May 12, 1988, (6-0). Councilmember Humphrey absent. Conditions have been met as follows: Restrictive Covenant incorporating conditions imposed by Council has been executed. (Owner is requesting deletion of site plan requirement.) 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 all in one consent motion: (7-0 Vote) Operating Budget Amendment Amended the 1987-88 Annual Operating Budget by: 8. b. Accepting and appropriating to Brackenridge Hospital a grant in the amount of $90,000.00 from the Texas Department of Health for case management services for chronically i11 and disabled children. Accepting and appropriating a Fiscal Year 1988 Emergency Shelter Grant award of $13,000.00 from the United States Department of Housing and Urban Development (HUD). Urban Forestry Board Approved creating the Urban Forestry Board, providing for membership, organization and functions and exempting the board from financial disclosure. Diseased Trees and Firewood Approved amending Chapter 9-12 of the Code of the City of Austin by adding an article entitled "Diseased Trees and Firewood" which defines certain nuisances, provides notice of abatement and appeal from such notice and gives the Urban Forestry Board power to hear such appeals. Later in the Day: Motion to Reconsider The Council, on Councilmember Carl-Mitchell's motion, Mayor Pro Tem Trevino's second, reconsidered the vote in order to hear a citizen who had signed to speak. (Card on file in the City Clerk's office). (7-0 Vote) Motion The Council, on Councilmember Shipman's motion, Councilmember Carl-Mitchell's second, passed through First Reading of the above ordinance. (4-0 Vote, Mayor Cooksey, Councilmembers Humphrey and Urdy_ out of the room) Council Memo Correction to Zoning Amendment 3 Approved correction to Zoning Amendment CONSENT RESOLUTIONS - May 19, 1988 Case C14-84-311 The Council, on Councilmember Carl-Mitchell's motion, Councilmember Humphrey's second, adopted the following resolutions all in one consent motion: (7-0 Vote) Eminent Domain Proceedings 8. b. c. d. Authorized the filing of Eminent Domain Proceedings to acquire: 0.456 acre (19,863 square feet) of land in fee simple out of Lot 2, South Park Retail Center, a subdivision in Travis County, Texas, owned by Crow-Gottesman-Shafer #3 for the U.S. Highvay 290 Vest/SH 71 Expansion Project. C.I.P. No. 85/62-02 4.287 acres of land in fee simple out of Lot 1, South Park Retail Center, & subdivision in Travis County, Texas, owned by Crow-Gottesman-Shafer #6 for the U.S. Kighway 290 West/SR 71 Expansion Project. C.I.P. No. 85/62-02 1,282 square feet of land in fee simple out of the George V. Davis Survey No. 15, Travis County, Texas, owned by Randolph and Jonathan Doyer for the U.S. Highway 183 Improvement Project. C.I.P. No. 85/62-01 0.025 of one acre in fee simple out of a 0.91 acre tract in the James P. Vallace Survey No. 57, Travis County, Texas, owned by Nancy L. Moritz and Jesse Lunsford for the U.S. Highway 183 Improvement Project. C.I.P. No. 85/62-01 Contracts Approved .. Approved the following contracts: CAPITAL EXCAVATION COMPANY 3901 South Lamar Boulevard Austin, Texas - - CAPITAL IMPROVEMENTS PROGRAM Brodie Lane, Phase II Paving and Drainage Improvements (from Paisano Trail to South City Limit) including Wastewater Approach Main No. 910, Transportation and Public Services Department Total $1,970,314.65 C.I.P. Nos. 79/62-14, 86/22-04 and 86/23-04 Council Memo b. CAPITAL EXCAVATION COMPANY 3901 South Lamar Boulevard Austin, Texas с. d. 4 AUSTIN ENGINEERING COMPANY, INC. 6304 Bee Cave Road Austin, Texas MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. 11044 Research Boulevard Austin, Texas May 19, 1988 CAPITAL IMPROVEMENTS PROGRAM - - Cameron Road, Phase III Paving and Drainage Improvements (from Rundberg to Childress), Transportation and Public Services Department Total $456,788.66 C.I.P. Nos. 73/62-44, 86/22-39, 86/23-04 and 88/17-02 - CAPITAL IMPROVEMENTS PROGRAM - Construction of approximately 2,000 linear feet of 16-inch Wastewater Line under Ben White Boulevard and Oltorf Right-of-Way to serve SEMATECH, Water and Wastewater Utility Department Total $86,400.00 C.I.P. No. 85/23-08 - 800 Khz Radio Trunking and Smartnet ID System, Vater and Vastevater Utility Department Total $254,292.00 88-5081-KK e. BAXTER HOSPITAL SUPPLY - 13006 Kings Forest San Antonio, Texas f. 8. GENERAL MEDICAL P. O. Box 19259 Austin, Texas VITAL SIGNS 20 Campus Road Totova, New Jersey - - Suction Canisters, Brackenridge Hospital Twelve (12) Month Supply Agreement Total $51,991.48 BS8-188 Tonsil Sponges and Gauze Fluffs, Brackenridge Hospital Tvelve (12) Month Supply Agreement Total $34,445.76 858-205 Pediatric Disposable Breathing Bags, Brackenridge Hospital Tvelve (12) Month Supply Agreement Total $28,752.00 Pipe Line License Agreement Authorized the Acting City Manager to enter into a Pipe Line License Agreement with the Missouri Pacific Railroad for placement of a thirty-six (36") water line across MPRC's right-of-way. (7-0 Vote) Council Memo Library of America Classics 5 May 19, 1988 Authorized application for a grant from the Texas Library Association for $3,000.00 to purchase the Library of America series of classics for four branch facilities of the Austin Public Library. Senior Aides Project Authorized the Acting City Manager or his designee to apply for and accept a renewal grant in the amount of $251,885.00 from the National Council of Senior Citizens for the Senior Aides Project. Item Postponed Postponed to May 26, 1988 is consideration of making appointments to the Brushy Creek Regional Wastewater System Technical Committee. Civil Service Commission Appointment Confirmed Monsignor Lonnie Reyes' reappointment to the Civil Service Commission effective May 6, 1988. Public Hearing Set Set a public hearing on the following: A Joint City-County hearing to elicit information from providers on General Social Services Areas: Monday, June 13, 1988 at 9:30 a.m., Fourth Floor, Main Library. Release of Essement RECESS Authorized release of the following easement: Release of an 8' wide storm sever easement of record in Volume 793, Page 235; and Volume 771, Page 638, Travis County Deed Records, located on Lots 2, 3, 4, 23, and 24, Tarrytown. Council recessed its meeting from 2:45 P.M. to 3:40 Ρ.Μ. ITEM POSTPONED Postponed to June 2, 1988 at 2:00 P.M. is consideration of approval of the selection of professional engineering/architectural program management services (RFP) for the new City of Austin Municipal Airport planning, design and construction program. C.I.P. No. 88/81-05 CONTRACT APPROVED The Council, on Councilmember Humphrey's motion, Councilmember Council Memo 6 May 19, 1988 Nofziger's second, approved the following contract: (5-0 Vote, Mayor Pro Tem Trevino, Councilmember Shipman out of the room) EDWARD WECK, INCORPORATED 1728 Liberty Lane Mesquite, Texas - Hemoclips and appliers, Brackenridge Hospital Twelve (12) Month Supply Agreement ) Total $14,814.00 BSB-174 ITEM POSTPONED Postponed to June 2, 1988 is consideration of office leasing space proposals. AUSTIN HOUSING FINANCE CORPORATION RESIDUAL BONDS Council had before them for consideration the affirming of the action of the Austin Housing Finance Corporation (ARFC) allocating $690,000.00 in Residual Value Bond Revenues for first year activities. Motion Councilmember Carl-Mitchell made a motion, seconded by Councilmember Shipman to adopt the resolution and then send it back to the AHFC so it will conform with the new housing policy; also set the amounts of the program at the $550,000 limit and hold the $140,000 for development of additional programs when the housing commission is established with the amounts to be $100,000 for replacement, $165,000 for mutual housing; $175,000 rental housing development, $60,000 for down-payment assistance and $50,000 for program administration, $25,000 for rental deposit, leaving $115,000. (6-0 Vote, Councilmember Humphrey out of the room) Council directed that this be on the May 26, 1988 agenda. AUSTIN METROPOLITAN AREA ROADWAY PLAN AMENDMENT The Council had before them a resolution to consider amending the Austin Metropolitan Area Roadway Plan for South Lamar Boulevard from Ben White Boulevard to Barton Springs Road. Motion Councilmember Shipman made a motion to send this resolution and a similarly worded resolution covering North Lamar and the Interchange at Anderson Lane and 183, two separate resolutions, to the Urban Transportation Commission and the Planning Commission, for their recommendation and that it be placed on the Council's agenda as a Roadway Plan amendment as soon as the Planning Commission has forwarded their recommendation. Jonathan Davis, Acting City Attorey, told Councilmember Shipman : : ! Council Memo 7 5/19/88 that the agenda is posted for South Lamar and does not address North Lamar, and continued by saying, "If the Council's intent is to comply with the policy, then I think your motion should be comply with the policy as adopted by the City Council's resolution (noted on Exhibit A) to the resolution passed in 1987." Councilmember Shipman said she wanted a resolution concerning North Lamar. Mr. Davis said this would be posted on the agenda for May 26, 1988. Motion Re-Worded Councilmember Shipman made a motion, seconded by Councilmember Carl-Mitchell, to forward the resolution through the City processes as noted on Exhibit "A" concerning South Lamar and place it back on the City Council agenda as expeditiously as possible when the Planning Commission has made their recommendation. " Friendly Amendment Councilmember Carl-Mitchell offered a friendly-amendment as follows: I think we should also note that the comments about the ability of staff to support this process, particularly the staff review, will be minimal and not have an impact on the AustinPlan." The friendly amendment was accepted and Council voted 6-0 to approve motion with the friendly amendment.) MONTOPOLIS SMALL BUSINESS CENTER The Council, on Councilmember Carl-Mitchell's motion, Councilmember Urdy's second, approved a ten year leasing option for the Montopolis Small Business Center Community Development Block Grant Contract. (6-0 Vote, Councilmember Shipman out of the room) ITEM POSTPONED Postponed until May 26, 1988 is consideration of a contract to Weck Surgical for skin staplers, Brackenridge Hospital, twelve month supply agreement, $156,774.00. BS8-188. CHANGE ORDER The Council, on Councilmember Shipman's motion, Councilmember Carl-Mitchell's second, adopted a resolution approving the following Change Order: (4-2-0 Vote, Councilmembers Humphrey & Nofziger voted No, Mayor Cooksey out of the room) 4. In the amount of $117,196.05 to STAKER CONSTRUCTION OF TEXAS, INC. for Jollyville Road, Phase II Street and Drainage Improvements. (6.4% increase of the original contract of $1,830,737.93; total change orders to date equal 21.6% C.I.P. No. 84/62-14. ITEM POSTPONED Postponed to May 26, 1988 is consideration of approval of a twelve (12) month contract (RFP) to Radian Corporation in the amount of $105,000.00 for analytical laboratory services for the Department of Environmental Protection. Council Memo 8 5/19/88 ! COMMUNITY LAND BANKING PROJECT Council had before them for consideration authorizing and negotiating and executing of contracts (RFP) for the Community Land Banking Project, not to exceed $150,000.00. Motion The Council, on Councilmember Shipman's motion, Councilmember Carl-Mitchell's second, adopted a resolution authorizing the negotiation and execution of contracts (RFP) for the Community Land Bank project listed as I and postpone action on II. (6-0 Vote, Mayor Cooksey out of the room) I. The proposal from the Guadalupe Neighborhood Development Corporation (GNDC) requests funds to assist in acquiring from Hope Guajardo two (2) lots in East Austin with three existing structures. GNDC is asking for $35,000 of the total $90,000 acquisition cost. This proposal vill provide the most timely progression to the desired end product of affordable housing. A December 1987 appraisal submitted with the proposal valued the land at $30,000. Council's recommended action will authorize staff to negotiate a contract for $30,000 to purchase the land only from Hope Guajardo, contingent upon a concurrent purchase of the structures by GNDC, and evidence that CNDC has the financial ability to rehabilitate the structures to provide affordable housing for low and/or moderate income persons on the property. Kousing and Community Services Department (HCSD) will also have to insure that HUD requirements are met before releasing the funds. Councilmember Carl-Mitchell asked if the staff will do the appraisal in negotiating the price. He was told that is correct. PUBLIC HEARING Mayor Pro Tem Trevino opened the public hearing set for 5:00 Ρ.Μ. on dedication of slope and drainage easements in Oak Hill Park to allow construction of Southwest Parkway. No one appeared to before Council to speak. Mayor Pro Tem Trevino questioned Allan Brecher, Transportation and Public Services Department, concerning the feasibility of using a portion of the park. Mr. Brecher said there would be no disturbance and there was no other feasible alternative Motion The Council, on Councilmember Shipman's motion, Councilmember Humphrey's second, closed the public hearing, and approved dedication of slope and drainage easements in Oak Hill Park, subject to the Park and Recreation Board's recommendations, to allow construction of Southwest Parkway. (5-0 Vote, Mayor Cooksey and Councilmember Carl-Mitchell out of the room) ) i i i Council Memo ITEM POSTPONED 9 5/19/88 Postponed to May 26, 1988 is consideration of approval of the Private Industry Council/Local Government Partnership Agreement. BARTON CREEK WATERSHED RECOMMENDATIONS The Council, on Councilmember Nofziger's motion, Councilmember Carl-Mitchell's second, accepted the recommendations from the Environmental Board concerning Barton Creek Watershed, and asked that this be sent to the Water and Wastewater Commission for two weeks to review. (6-0 Vote, Mayor Cooksey out of the room) ITEM POSTPONED Postponed to May 26, 1988 is consideration of rescinding the Council's previous action on Woodhue Crossing (RZ-87-024), approving a modified site plan, and instructing the City staff to process a conditional overlay zoning case on the remaining property and a zoning rollback of the "LI" zoning to "CS" as recommended by the Planning Commission and agreed to by the property owner and the neighborhood association. SOUTHWEST AUSTIN SOCCER COMPLEX Councilmember Urdy opened the public hearing set for 6:00P.M. on an appeal of the Office of Land Development Services Department's decision to deny Site Development Permit #87-04-8189, Parking Lot Improvements at the proposed Southwest Austin Soccer Complex. After some discussion, the following motion was made: Motion The Council, on Councilmember Carl-Mitchell's motion, Councilnember Humphrey's second, closed the public hearing and upheld the appeal. (4-0 Vote, Mayor Cooksey and Councilmember Nofziger out of the room, Mayor Pro Tem Trevino abstained due to possible conflict of interest) ----------- ----------- The Council, on Councilmember Carl-Mitchell's motion, Councilmember Humphrey's second, waived the requirement for three readings and finally passed an ordinance amending the Fiscal Year 1987-88 Capital Improvement Program Budget by abandoning the soccer field component of the Krieg Athletic Complex Fields Project (Ser. No. 75/86-56) in the amount of $327,000.00; and appropriating $327,000.00 to a new Capital Improvement Program project; Southwest Soccer Complex at Circle C Municipal Utility District Project (Ser. No. 88/86-01); with a friendly amendment by Councilmember Shipman as follows: (5-0 Vote, Mayor Cooksey out of the room, Mayor Pro Tem Trevino C Council Memo 10 5/19/88 abstained due to potential conflict of interest.) (1) Need security agreement and interlocal agreement with the MUD, (2) Agreement with developer concerning phasing issuance. (3) Priority list concerning parks funds. (4) Maintenance Agreement : ROADWAY IMPLEMENTORY AGREEMENT The Council, on Councilmember Shipman's motion, Councilmember Carl-Mitchell's second, adopted a resolution clarifying terms of Roadway Implementory Agreement between the City of Austin and Travis County, December 11, 1985. (5-0 Vote, Mayor Cooksey, Mayor Pro Tem Trevino out of the room) ENERGY CODE ITEM POSTPONED - Postponed to June 2, 1988 at 5:00P.M. is consideration of an ordinance amending the Energy Code to provide a minimum efficiency factor for fluorescent lamp ballasts in new commercial construction, and to require central heat pumps in newly constructed living units over 500 square feet. (Recommended by the Resource Management Commission) MISCELLANEOUS Two resolutions were previously approved: 1. Authorization of submission of a Rental Rehabilitation Program Application to the United States Department of Housing and Urban Development (HUD) and acceptance of the $561,000.00 Fiscal Year 1988 grant allocation for the City of Austin. (Approved May 17, 1988) 2. Approval of Amendment Number Two to the contract with Alexander and Associates for additional leasing and broker services. (Approved May 12, 1988) ------- City Manager report on Community Development Block Grant Clarification was presented May 17, 1988. --- made. Council did not hold an executive session. No appointments were Council Memo 11 5/19/88 ROAD IMPROVEMENT ITEM POSTPONED Postponed to May 24 and May 26, 1988 is consideration of declaring the necessity for ordering improvements to Riddle Road/ Slaughter Lane, consisting of 2 units covering approximately 4,150 feet. CONTRACT APPROVED The Council, on Councilmember Nofziger's motion, Councilmember Humphrey's second, adopted a resolution approving the following contract: (6-0 Vote, Mayor Cooksey out of the room) CENTURY PAPER COMPANY 9101 Wall Street Austin, Texas - Coarse Paper Products, Various City Departments Six Month Supply Agreement Items 3,6,7,10,15 and 19 - Total $36,496.00 88-0107-DC ADJOURNMENT Council adjourned its meeting at 7:30p.m.