1 ALUISTI POLADIP Austin City Council MINUTES For August 11, 1988 1:00 P.Μ. Council Chambers, 307 West Second Street, Austin, Texas Mayor Cooke 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 August 4, 1988 and special meetings of August 1, 1988, August 3, 1988 at 9:00 a.m. (two meetings). (4-0 Vote, Councilmembers Humphrey, Urdy and Carl-Mitchell out of room.) CITIZEN COMMUNICATIONS Daniel Llanes discussed Art Commission funding. Andre Guerrero, Pat Gamboa, Kathleen Fitzgerald, Marie Martinez, Cynthia Camarata and Diana Casteneda, who were all going to speak on arts funding, did not appear. Aurora Gallagher did not speak on arts funding, either. Ms. Gail Vittori talked about Municipal Solid Waste Management. Ms. Carol Noble discussed the water line on Highway 71. BOARD & COMMISSION REPORTS A report was heard from the Appraisal District. The status report from the Affirmative Action Plan Task Force was given. Postponed to September 1, 1988 is the Arts Commission Subcommittee Report on Facilities Policies. TRAVIS COUNTY FARMER'S MARKET Councilmember Humphrey introduced a discussion of Travis County Farmer's Market and Agricultural Exhibit Center. Council asked that this be sent to the Economic Development Commission. Council Memo ZONING ORDINANCES 2 8/11/88 The Council, on Councilmember Urdy's motion, Councilmember Humphrey's second, passed through second/third readings of ordinances amending Chapter 13-2 of the Austin City Code (Zoning Ordinance) to cover the following changes: (7-0 Vote) UNIVERSITY AVENUE CHURCH 1909 University From "MF-4" and "GR" Avenue to "CS-CO" By Danze & Davis Architects C14-87-176 First reading on January 28, 1988, (7-0). Conditions have been met as follows: Conditional Overlay incorporates conditions imposed by Council. LARRY PEEL By Kristaponis, Gregory & Assoc. C14r-85-091 5811 Mesa Drive From Interim "RR" to "SF-6" First reading on July 11, 1985, (7-0). Conditions ...have been met as follows: Development restricted to that shown on the Site Plan attached as an exhibit to the ordinance. CONSENT ORDINANCES The Council, on Councilmember Carl-Mitchell's motion; Council-.. member Kumphrey's.second, waived the requirement for three readings and finally passed the following ordinances all in one consent notion: (7-0 Vote) Operating Budget Amendment Approved amending the 1987-88 Annual Operating Budget by accepting $146,026.00 from the Texas State Library and Archives Commission to provide Interlibrary Loan Service and appropriating $15,619.00 of same to the Austin Public Library for the month of September, 1988. Ordinance Amendments Approved amending the following ordinances to correct the use designations: Ordinance No. 870108-N, Case No. C14r-84-006, locally known as 6311-6547 South IH 35 i ! ! Council Memo b. 3 8/11/88 Repeal Ordinance No. 871022-D, Case No. C14-86-006, locally known as 6406 Burleson Road. CONSENT RESOLUTIONS The Council, on Councilmember Carl-Mitchell's motion, Mayor Pro Tem Shipman's second, adopted the following resolutions all in one consent motion: (7-0 Vote) Release of Easements .. b. Authorized release of the following easements: The 7.5' Public Utility Easements across the rear of Lots 16 and 17, Block 1-B, and Lots 16 and 17, Block 1-C, Second amended Villiamson Creek Subdivision, Section Tvo, 5304 and 5306 Hickory Drive, 3304 and 5306 George Street. (Request submitted by Mr. Brooks Herring on behalf of V.C. II, Ltd.) A portion of the Public Utility Easement across the rear of Lot 2, Block 1, of Colorado Foothills, Section 1, locally known as 3503 Balcones Drive. (Request submitted by Mr. Thomas D. Coffman, owner) Contracts Approved Approved the following contracts: C. P. SNIDER CONSTRUCTION COMPANY 4423 Mopac South Suite 201 Austin, Texas - - CAPITAL IMPROVEMENTS PROGRAM Fuel Facility for the South Austin Service Center, Electric, Transportation & Public Services Departments Total $341,225.00 Bid award: ANCHOR METALS, INC. 605 Vest Hurst Blvd. Hurst, Texas Bid avard: C.I.P. No. 79/60-01, 77/11-04 - Galvanized Structural Steel Poles and Anchor Bolts for a 138 KV Circuit 945 Transmission Line, Electric Utility Department Total $402,411.00 88-0258-0M - Reinforced Concrete Pipe and Concrete Products, Electric Utility Department Tvelve (12) Month Supply Agreement Total $173,696.00 88-0229-RH/OM Council Memo 4 8/11/88 (1) GIFFORD-HILL & CO. INC. 801 Airport Blvd. Austin, Texas (2) MARQUE CORPORATION 8930 Four Winds San Antonio, Texas STOCKTON-VAKEFIELD CONSTRUCTION, INC. 4412 Spicevood Springs Road Austin, Texas UNION METAL MANUFACTURING COMPANY 1022 9th Street:.. Richardson, Texas Austin State Hospital - : - - Items 1-12, 15, 17, 21, 22, 25-29 $130,699.00 - Items 13, 14, 16, 18-20, 23, 24, 30 $42,997.00 Renovation of the 4th and 5th Floors at Brackenridge Hospital, Transportation and Public Services Department Total $99,975.00 88-C077-JJ Traffic Signal Poles and Mast Arms, General Services Department Total $40,009.00 88-0238-OM Adopted a resolution concerning the Austin State Hospital. Escrow Agreement Approved and authorized execution of a special escrow agreement in relation to the defensance of a portion of a series of 1988 notes involved in the $126 million City of Austin, Texas Combined Utility System Revenue Notes, Series 1988 A, dated August 15, 1988. Public Hearings Set Set public hearings on the following: a. Creation of Williamson-Travis County MUD 2.: September 1, 1988 at 5:00 P.M. b. Hearings relating to the 1988-89 Proposed Financial Plan: (1) Social Services: August 15, 1988 at 1:00P.M. (2) Cultural Arts: August 16, 1988 at 1:00 P.M. (3) Operating Budget and Fees: August 22, 1988 at 4:00 P.M. August 24, 1988 at 4:00 P.Μ. (4) Electric, Water and Wastewater Rates: August 23, 1988 at 4:00 Ρ.Μ. (5) C.I.P.: August 29, 1988 at 4:00 P.Μ. ZONING ORDINANCE The Council, on Mayor Pro Tem Shipman's motion, Councilmember Humphrey's second, passed through second/third readings an. ordinance amending Chapter 13-2 of the Austin City Code (Zoning Ordinance) to Council Memo 5 8/11/88 cover the following changes: (5-0 Vote, Councilmembers Urdy and Barnstone out of the room) CAREY LEGETT JR. C14-74-155 2803-2815 Swisher Street From "SF-3" and "MF-3" to "GO" First reading on January 2, 1975, (6-0). Restrictive Covenant incorporating conditions imposed by Council has been executed. LAND ACQUISITION FOR CIVIC CENTER The Council, on Councilmember Barnstone's motion, Councilmember Humphrey's second, adopted a resolution authorizing the City Manager to release an RFP for land acquisition relative to the Civic Center. (6-0 Vote, Councilmember Urdy out of the room.) Later in the Day: The Council, on Mayor Pro Tem Shipman's motion, Councilmember Carl-Mitchell's second, voted to reconsider. (7-0 Vote) The Council, on Mayor Pro Tem Shipman's motion, Councilmember Carl-Mitchell's second, authorized the City Manager to release an RFP for land acquisition relative to the Civic Center, excluding land set aside for electric or water and wastewater facilities. (7-0 Vote) CITY SOFTBALL SERVICES The Council, on Councilmember Urdy's motion, Mayor Cooke's second, adopted a resolution authorizing the City Manager to release an RFP for City softball services. (6-0 Vote, Mayor Pro Tem Shipman voted No.) HEARING SET FOR APPEAL The Council, on Councilmember Carl-Mitchell's motion, Councilmember Humphrey's second, set a hearing on an appeal of the Planning Commission's decision to approve a site plan regarding Case No. C14p-86-039, Huntington Surrey School, for September 8, 1988 at 5:30 Ρ.Μ. The request for the hearing was made by Mr. Larry W. Lay and Mr. Kirk Mitchell. (6-0 Vote, Mayor Pro Tem Shipman out of the room.) LAW FIRM RETAINED The Council, on Councilmember Carl-Mitchell's motion, Councilmember Urdy's second, adopted a resolution to retain the law firm of Bickerstaff, Heath and Smiley in connection with Trinity-Twelve Inc. v. Smith, et al. (6-0 Vote, Councilmember Barnstone abstained.) NORTH AUSTIN GROWTH CORRIDOR MUD REFUNDING BONDS... The Council, on Councilmember Nofziger's motion, Councilmember Carl-Mitchell's second, waived the requirement for three readings and Council Memo 6 8/11/88 finally passed an ordinance approving the issuance of $5.352 million North Austin Growth Corridor Municipal Utility District No. 1 contract refunding bonds. (5-0 Vote, Mayor Pro Tem Shipman out of the room, Councilmember Barnstone abstained.) ROOFING The Council, on Councilmember Carl-Mitchell's motion, Councilmember Nofziger's second, sent to the Planning Commission for review amendments to Ordinance No. 880218-H of the Austin City Code, regarding roofing. (7-0 Vote) No action was taken on the City Manager Report concerning the Roofing Ordinance. NO ACTION ON ITEM No action was taken by Council on amendments to Chapter 13-1, Section 510(25) (a) of the Austin City Code regarding backfilling. The City Manager report on rules change on pipe embedment and backfill specifications was not presented. ACQUISITION/REHABILITATION The Council, on Councilmember Carl-Mitchell's motion, Councilmember Urdy's second, adopted a resolution authorizing the City Manager to release an RFP for Acquisition/Rehabilitation. (7-0 Vote) ITEM POSTPONED Postponed to August 25, 1988 is consideration of approval of the 1988 Annexation Program. CONTRACT APPROVED The Council, on Mayor Pro Tem Shipman's motion, Councilmember Carl-Mitchell's second, adopted a resolution approving the following contract: (5-0 Vote, Councilmembers Urdy and Nofziger out of the room.) SOUTHWEST MEDICAL PACKAGING P.O. Box 700112 San Antonio, Texas DEWITTY JOB TRAINING FACILITY - Patient Admission Kits, Brackenridge Hospital Twelve Month Supply Agreement Total $44,745.12 BS8-285 The Council, on Councilmember Urdy's motion, Councilmember CarlMitchell's second, adopted a resolution approving the relocation of Housing and Community Services Department to the Arthur B. DeWitty Job Training Facility. (6-1 Vote, Mayor Cooke voted No.) Council Memo COUNCILMEMBERS' SALARIES 7 8/11/88 Councilmember Barnstone introduced an item to discuss Councilmembers' salaries. After discussion, Council said this would be considered during budget discussions. ADMINISTRATIVE ASSISTANTS' SALARIES Councilmember Barnstone introduced an item to Council to consider Administrative Assistants' salaries. After discussion, the following motion was made: Motion Councilmember Nofziger made a motion, seconded by Councilmember Carl-Mitchell to pay all Council Administrative Assistants according to existing City policy. More discussion followed and Councilmember Nofziger amended his motion. Amended Motion The Council, on Councilmember Nofziger's motion, Councilmember Carl-Mitchell's second, voted that all Council Administrative Assistants should be paid according to existing City policy and approval for more money shall be rescinded. (5-1-0 Vote, Councilmember Barnstone voted No, Councilmember Urdy abstained.) ENERGY LOAN AND REBATE PROGRAMS Councilmember Barnstone discussed amending the energy loan and rebate programs. He made a motion for an amendment, which received no second. No action was taken on the item. BIDDING PROCEDURES Council discussed the bidding procedures for the City of Austin. No action taken. LITTLE WALNUT CREEK EROSION CONTROL A City Manager Report was presented to Council concerning Little Walnut Creek Erosion Control. ADJOURNMENT Council adjourned its meeting at 8:40 Ρ.Μ. : AMENDMENT TO UTILITY CONSTRUCTION CONTRACT AND CREATION AGREEMENT BETWEEN CITY OF AUSTIN, TEXAS AND NORTH AUSTIN GROWTH CORRIDOR MUNICIPAL UTILITY DISTRICT NO. 1 This agreement is entered into as of the day of 1988, by and between the CITY OF AUSTIN, TEXAS (the "City"), and NORTH AUSTIN GROWTH CORRIDOR MUNICIPAL UTILITY DISTRICT NO. 1 (the "District") for the purpose of amending the Utility Construction Contract (the "Contract"), dated April 13, 1981, between said parties and the hereinmentioned Creation Agreement. RECITALS Pursuant to the Contract, the District issued $5,960,000 City of Austin Contract Bonds, Series 1981 (the "Bonds"), and used the proceeds of the Bonds to acquire and construct certain extensions to the City's water supply and sanitary sewer collection facilities (the "Project"). The Project has subsequently been completed and accepted by the City. In consideration of the acquisition and construction of the Project by the District, the Contract requires the City to make semiannual payments to the District in such amounts as are necessary to pay, among other things, the principal and/or interest due on the Bonds, plus the fees and charges of the paying agent for paying or redeeming the Bonds. The City and the District are also parties to an Agreement Concerning Creation and Operation of North Austin Growth Corridor Municipal Utility District No. 1 (the "Creation Agreement"), executed by the City on January 16, 1981, and by the District on April 13, 1981, pursuant to which the District agreed, among other matters, to make semiannual payments to the City, equal to a percentage of the principal and/or interest due on the Bonds. Because interest rates prevailing in the bond markets have declined since the issuance of the Bonds, the City and the District have determined that another series of bonds should be issued by the District on a parity with the Bonds for the purpose of refunding a portion of the Bonds and thereby reducing proportionately the semiannual payments of both parties described above. AGREEMENT For and in consideration then of the mutual obligations and benefits to be derived thereby, the City and the District hereby amend the Contract by adding subsection (e) to Section 7 thereof as follows: (e) With the consent and approval of the City, the District may from time to time issue refunding bonds for the purpose of refunding all or part of the Bonds and paying expenses incurred in connection therewith, and such refunding bonds shall be issued on a parity with the Bonds. The City agrees that such refunding bonds shall be considered to be "Bonds" for purposes of Section 7 and Section 14 of this Contract, and when such refunding bonds are issued and delivered by the District, the City shall be unconditionally obligated to make payments as provided in this Section 7 in support of said refunding bonds. The proceeds of all such refunding bonds shall be deposited with an escrow agent or trustee and shall be used as provided in the resolution or trust indenture adopted by the District and approved by the City in connection with such refunding. The City and the District further hereby amend the Creation Agreement by adding a new Paragraph D to Article II thereof as follows: D. Following the issuance of refunding bonds by the District, the District's obligation to make payments to the City pursuant to Article II.B. of this Contract shall be based on the principal and interest payments due on such refunding bonds and on any bonds which have not been refunded. Except as provided above, the Contract and the Creation Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the District and the City, each acting under authority of their respective governing bodies, have caused multiple originals of this agreement to be duly -2- ة executed, each of such to be of equal dignity, as of the date hereinabove first mentioned. APPROVED AS TO FORM: CITY OF AUSTIN, TEXAS By: City Attorney City Manager Date: 4E/NAGI(j) : NORTH AUSTIN GROWTH CORRIDOR MUNICIPAL UTILITY DISTRICT NO. 1 By: President Board of Directors Date: -3-