OF AUST Austin City Council MINUTES For October 27, 1988 - Council Chambers, 307 West Second Street, Austin, Texas : CITY CLERK'S OFFICE : Mayor Cooke called to order the meeting of the Council, noting the absence of Councilmember Urdy, who he said was ill but would be in the Council Chamber later in the day for the item concerning the airport, MINUTES APPROVED The Council, on Councilmember Nofziger's motion, Mayor Pro Tem Shipman's second, approved minutes for regular meetings of October 11, 13 and 20, 1988 and special meetings of October 11 and 18, 1988. (4-0 Vote, Councilmembers CarlMitchell and Barnstone out of the room, Councilmember Urdy absent.) With a correction on October 13, 1988. CITIZEN COMMUNICATIONS Mr. Jerry Lawson and Mr. David R. Horne did not appear. Ms. Lori Cervenak-Renteria discussed the homeless. Mr. Steve Sawyer talked about management of the City. Ms. Janie M. Sims discussed Halloween on Old Pecan/East 6th Street. ITEMS POSTPONED The Economic Development Commission report was postponed to November 3, 1988. A resolution to consider acquisition of the Austin Chamber of Commerce Building was postponed to November 3, 1988. An Amendment to the 1988-89 Operating Budget was postponed to November 3, 1988, concerning implementation of the 1988 Affirmative Action Plan. 1 Council Memo 2 10/27/88 Postponed to November 3, 1988 is consideration of three contracts for the turbine-generator, boiler and auxiliary maintenance projects for the Electric Utility Department. Postponed to Noveber 3, 1988 is consideration of the 1988 Affirmative Action Plan as submitted by the Affirmative Action Task Force. Other items postponed to November 3, 1988 are as follows: - - - Consider naming committee members to the Impact Fee SubCommittee. Consider expenditures of parkland dedication fund for park improvements at Northwest District Park. Approval of contract between the City of Austin and Peat Marwick & Company for a consultant to assist in the "Sunset" audit of the Water and Wastewater Department, $50,000.00 Traffic signal light at Redwood & Martin Luther King Jr. Blvd. Postponed to November 17, 1988 is the City Manager report on Consolidated Lease Budget Impact. 1 REFUNDING BONDS The Council, on Councilmember Humphrey's motion, Councilmember Nofziger's second, waived the requirement for three readings and finally passed an ordinance authorizing the issuance and sale of the "City of Austin, Texas, Combined Utility Systems Refunding Bonds, Series 1988 A and B" in the amount of $369,901,307.50, and enacting other related provisions including approval and executition of a purchase contract and special escrow agreements and approval and distribution of official statement. (6-0 Vote, Councilmember Urdy absent.) The Council, on Councilmember Humphrey's motion, Councilmember Nofziger's second, adopted a resolution providing for redemption of certain bonds of the City and resolving other matters incident and related to the redemption of such bonds. (6-0 Vote, Councilmember Urdy absent.) The Council, on Councilmember Nofziger's motion, Mayor Cooke's second, adopted a resolution approving and execution of a Paying Agent/ Registrar Agreement with MTrust Corp., National Association in relation to the "City of Austin", Texas, Combined Utility Systems Revenue Refunding Bonds, Series 1988 A and B". (6-0 Vote, Councilmember Urdy absent) ) Council Memo ZONING ORDINANCES 3 10/27/88 The Council, on Councilmember Humphrey's motion, Mayor Cooke'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: (6-0 Vote, Councilmember Urdy absent) (1) AMCOR INVESTMENTS CORP. By Brown, Maroney, Rose, Barber & Dye C14-87-179 11700-12400 Evy. 71 West 10300-11100 Hwy 71 West t 10900-12400 Ρ.Μ. 2244 From Tr. 9 "PUD" & "DR" to "SF-2" Tr. 10 "I-RR" & "DR" to "SF-2" Tr. 11 "I-RR" & "DR" to "SF-4A" Trs. 12, 13, 14, 15 & 16 "I-RR" to "SF-2" Trs. 17 & 18 "I-RR" to "SF-4A" Tr. 19 "I-RR" & "DR" to "GR" Trs. 20 & 21 "I-RR" to "SF-4A" Tr. 22 "I-RR" & "DR" to "SF-6" Tr. 23 "I-RR" to "SF-4A" Tr. 24 "I-RR" to "P" Trs. 25 & 26 "I-RR" & "DR" to "MF-1" Tr. 27 "I-RR" & "DR" to "GR-MU" Tr. 28 "I-RR" & "DR" to "GR" Tr. 29 "I-RR" to "CR" Tr. 30 "I-RR" to "RR" Tr. 31 "I-RR" & "DR" to "SF-6" Tr. 32 "I-RR" & "DR" to "GR" Tr. 33 "I-RR" & "DR" to "GO" Tr. 34 "I-RR" & "DR" to "IP" Τε. 35 & 35A "I-RR" to "SF-1" Tr. 36 "I-RR" to "SF-6" Tr. 37 "I-RR" & "DR" to "SF-6" Tr. 38 "I-RR" to "CR" Tr. 39 "I-RR" to "GR" Trs. 40 & 41 "I-RR" to "SF-2" Tr. 42 "I-RR" to "DR" Tr. 43 "I-RR" "SF-2" Tr. 44 "I-RR" to "SF-4A" Tr. 45 "I-RR" to "DR" Tr. 46 "I-RR" & "DR" to "GR" Tr. 47 "I-RR" & "DR" to "SF-6" Tr. 48 "I-RR" & "DR" to "DR" Tr. 49 "I-RR" & "DR" to "LO" Tr. 50 "I-RR" to "SP-6" Tr. 51 "I-RR" to "MF-1" Tr. 52 "I-RR" & "DR" to "R&D" Tr. 53 "I-RR" to "MF-1" Tr. 54 "I-RR" to "SF-6" Trs. 55 & 56 "I-RR" & "DR" to "SF-6" Council Memo 4 10/27/88 Tr. 57 "I-RR" to "MP-1" Trs. 58 & 59 "I-RR" to "p" Tr. 60 "I-RR"to "DR" Tr. 61 "I-RR" & "DR" to "MF-1" : Tr. 62 "I-RR" & "DR" to "SF-6" Tr. 63 "I-RR" to "RR" Tr. 64 "I-RR" to "DR" Tr. 65 "I-RR" & "DR" to "P" Each of the preceding tracts is also included in the "CO" Conditional Overlay combining district for the entire Uplands Development. First reading on February 4, 1988, (5-0). Councilmember Michael "Max" Nofziger out of room at roll call. Conditions have been met as follows: Phasing Agreement incorporating conditions imposed by Council has been executed. Restrictive Covenant incorporating conditions imposed by Council has been executed. CONSERVATION SERVICES AGREEMENT The Council, on Councilmember Humphrey's motion, Councilmember Nofziger's second, adopted a resolution authorizing the execution of a Conservation Services Agreement between the City of Austin and Southern Union Gas Company for the implementation of gas conservation programs from the Southern Union conservation reserve funds. (6-0 Vote, Councilmember Urdy absent) BUDGET AMENDMENT The Council, on Councilmember Nofziger's motion, Councilmember Humphrey's second, waived the requirement for three readings and finally passed the following ordinance: (6-0 Vote, Councilmember Urdy absent) Amended the 1988-89 Operating Budget by increasing expenditures in the Resource Management Department by $510,808.00, and increasing expense funds by $549,804.00. CONSENT RESOLUTIONS The Council, on Councilmember Humphrey's motion, Mayor Cooke's second, adopted the following resolutions all in one consent motion: (6-0 Vote, Councilmember Urdy absent) Capital Improvements Program Authorized the filing of Eminent Domain Proceedings to acquire the following: Council Memo 5 10/27/88 (a) 21, 290 square feet of land in fee simple out of the James P. Vallace Survey No. 57, Travis County, Texas, owned by 'Baker-Duquette, Inc., A Texas Corporation for the U.S. Highway 183 Expansion Project. C.I.P. No. 85/62-01 (b) 7,186 square feet of land in fee simple out of the James P. Wallace Survey No. 57, Travis County, Texas, owned by Hardy Fields, a/k/a Hardy W. Fields and wife, Dorothy Fields, a/k/a Dorothy Nell Fields for the U.S. Highway 183 Expansion Project. C.I.P. No, 85/62-01 (c) 3,028 square feet in fee simple and a Temporary Construction Easement containing 800 square feet out of Lot 1, Block "A", of Rather Sanford Addition in Travis County, Texas, owned by Sam V. Pettigrew and Dan Gibbs for the U.S. Highway 183 Expansion Project. C.I.P. No. 85/62-01 (d) 2,509 square feet of land in fee simple out of Lot 1 of J. T. Ltd. No. 6, a subdivision in Travis County, Texas owned by The 220 East Anderson Lane Partnership, en Illinois Partnership for the U. S. Highway 183 Expansion Project. C.I.P. No. 85/62-01 (e) 2,548 square feet of land in fee simple out of the James P.. Wallace Survey No. 57 in Travis County, Texas owned by A.G.I. - Austin, Ltd., & Texas Partnership, also known as American Guesthouse, Inc., of Austin, also known as American Guesthouse, Inc., - Limited for the U.S. Highway 183 Expansion Project. C.I.P. No. 85/62-01 Contracts Approved Approved the following contracts: ELLA CONTRACTING, INC. P. 0. Box 16498 Austin, Texas CASCO INDUSTRIES, INC. 533 Rock New Braunfels, Texas PPG/BIOMEDICAL SYSTEMS 9910 Widmer Road Lenexa, Kansas DAVIS TRUCK & EQUIPMENT COMPANY 4300 Highway 90 East San Antonio, Texas - - - CAPITAL IMPROVEMENTS PROGRAM Police Emergency Driving Course Modifications, Transportation and Public Services Department Total $51,033.90 C.I.P. No. 81/87-06 Firefighting Bunker Pants and Coats, General Services Department Twelve (12) Month Supply Agreement Items 1 and 2 - $45,493.00 88-0274-LI - Nine (9) Respiratory Gas Monitors Disposable Supplies, Brackenridge Hospital Twelve (12) Month Supply Agreement Total $63,720.00 BH8-283 - Repair/Replacement Parts for Heil Refuse Trucks, General Services Total $60,000.00 88-0318-OM : Council Memo DEN INDUSTRIES 3310 Frick Road Houston, Texas 6 10/27/88 Traffic Marking Paint, General Services Department Twelve (12) Month Supply Agreement Items 1-4 - $83,086.00 88-0237-DC : Literacy Training Accepted a grant from the Department of Education for $25,000.00 to expand literacy training in the Austin Public Library for the period October 1, 1988 through September 30, 1989. Literacy Project Approved accepting a grant from the Texas State Library and Archives Commission for $41,840.00 for continuation of the Literacy Project at the Govalle Branch Library for the period September 1, 1988 through August 31, 1989. Farmer's Market Loan Program Approved an amendment to the City of Austin Leveraged Loan Pool (LLP) Program Operating Regulations to include a Farmer's Market Loan Program. Roadway Plan Amendment Approved an amendment to the Austin Metropolitan Area Roadway Plan with regard to Slaughter Lane (East) and Bluff Springs Road. Advisory Planning Council Approved the appointment of Tracy Watson to the Advisory Planning Council. Grant Awards Accepted a grant award from the State of Texas, Governor's Office Criminal Justice Division for continued funding of the Police Department"s Juvenile Crime Prevention Project/2. Accepted a grant award from the State of Texas, Governor's Office, Criminal Justice Division for continued funding of the Police Department's Greater Austin Area Organized Crime Control Unit. Change Order Approved the following change order: In the amount of $30,000 to Lewis Contractors for East Austin Transmission Main Phase III.(1.247 increase of the original amount or $2,419,224.95 - Total Change Orders to date equal 1.73%) C.I.P. No. 22/75-05 Council Memo 7 10/27/88 AUSTIN CONVENTION AND VISITOR BUREAU No action was taken on an amendment to Ordinance No. 861120-J dissolving the Austin Convention and Visitor Bureau; amending the 1988-89 operating budget to create the convention and tourisim promotion division within the Department of Public Event Facilities. Motion The Council, on Councilm mber Barnstone's motion, Councilmember Nofziger's second, passed through FIRST READING ONLY of an ordinance amending Ordinance No. 861120-J, including an amendment to Part 2b, relating to the Austin Convention and Visitor Bureau Board of Directors, with modification of selection of members to make fifteen members on the Board. (4-2 Vote, Mayor Pro Tem Shipman and Councilmember Carl-Mitchell voted No, Councilmember Urdy absent) BUDGET FOR AUSTIN CONVENTION AND VISITOR BUREAU The Council, on Councilmember Humphrey's motion, Councilmember Nofziger's second, adopted a resolution approving the proposed Austin Convention and Visitor Bureau budget and work program for fiscal year 1988-89. (4-2 Vote, Mayor Pro Tem Shipman, Councilmember Carl-Mitchell voted No, Councilmember Urdy absent) CARPORTS The Council, on Mayor Pro Tem Shipman's motion, Councilmember Carl-Mitchell's second, waived the requirement for three readings and finally passed an ordinance amending Chapter 13-1 (Land Development Procedures) of the Austin City Code relating to carports accessory to residential structures. (6-0 Vote, Councilmember Urdy absent) SUMIKEN BUILDING Council had before them for consideration the appropriation of $25,000.00 from the Electric Utility to pay for the services of a Sumiken special counsel. They also had a resolution to consider the selection of a special counsel to the City Council investigation into the Sumiken transaction. Motion Councilmember Barnstone made a motion, seconded by Councilmember Nofziger to approve the above ordinance and resolution. A lengthy discussion followed and Mayor Cooke said he felt it would be more appropriate to vote on the subject next week. Mayor Pro Tem Shipman and Councilmember Carl-Mitchell both wanted to know what a special counsel would do. Mayor Pro Tem Shipman said if it was just : Council Memo 8 10/27/88 to go through the records of the City, which are public, then they did not need to pay someone $25,000 to do that. Motion Withdrawn Councilmember Barnstone withdrew his motion and Councilmember Nofziger withdrew his second. Motion The Council, on Councilmember Barnstone's motion, Councilmember Nofziger's second, approved proceeding with an inquiry/investigation of the Sumiken and with staff assistance, bring back on November 3, 1988 the scope of work, acquisition of a special investigator, if the scope of work excludes the Law Department, how funded, the appropriate amount of time, the points to be researched but not necessarily to be exclusive, and the funding source from where the money will come from. (6-0 Vote, Councilmember Urdy absent) NO ACTION An appeal to Council from Ms. Connie Moore requesting that Council set a hearing on an appeal of the decision of the AustinTravis County Health Department to deny a permit for a greywater system and compost toilet at 709 Bouldin was not acted upon by Council. APPEAL SET The Council, on Councilmember Nofziger's motion, Councilmember Carl-Mitchell's second, set a public hearing for 5:30p.m. on November 10, 1988 at the request of Mr. Ed Wendler Sr., attorney for Mr. Bernard Lifschutz, on an appeal of the decision of the Building Standards Commission regarding Interregional Apartments. (4-0 Vote, Councilmember-Humphrey and Barnstone and-Mayor Pro Tem Shipman out of the room.) --- At this point, Councilmember Urdy entered the Council Chamber. MUNICIPAL AIRPORT Council had before them for consideration approval of the Professional Services Agreement between the City of Austin and Turner Collie and Braden, Inc., for program management services for the new City of Austin Municipal Airport and authorization to proceed with Phase II - Program Development Services. C.I.P. No. 89/81-05. (Estimated cost $1,419,347.00) Members of the Council asked why this was being brought back when it had already been approved. Acting City Attorney Jonathan Davis reminded Council Memo 9 10/27/88 Council that in June the negotiations were approved but the contract had to be brought back to Council. A lengthy discussion followed with several members of the public and representatives of Turner Collie and Braden, Inc. speaking. Motion - FAILED Councilmember Carl-Mitchell made a motion, seconded by Councilmember Urdy to adopt a resolution to approve the Professional Services Agreement between the City of Austin and Turner Collie and Braden, Inc. for Program Management Services for the new City of Austin Municipal Airport and authorization to proceed with Phase II - Program Development Services. Motion FAILED by a vote of 3-4 with Mayor Cooke, Councilmembers Barnstone, Humphrey and Nofziger voting No. At this point, Councilmember Urdy left the Council Chamber. /ZONING HEARINGS Mayor Cooke announced Council would hear the following zoning савев. Council heard, postponed some cases, passed through first or third readings of others and closed the public hearings where applicable. Disposition of each case follows. (1) -86 BUFORD STEWART 6500-7000 East Ben 047 By Meyer, Lytton, White Boulevard Allen, Whitaker, Inc. From "DR" To "LI" NOT RECOMMENDED POSTPONED TO DECEMBER 1, 1988 (Applicant request postponement until December 1, 1988) (2)-88 JOHNNY HOLMES 1101 & 1103 Juniper 0101 By City of Austin St. TPSD From "SP-3" Το "GO" POSTPONED TO DECEMBER 8,1988 RECOMMENDED "GO-CO" restricting use to surface off-site parking and to "LO", Limited Office uses and site development standards, restricting access from Juniper Street and requiring dedication of 25 feet of right-of-way from the centerline of Juniper Street and Waller Street.(3) -87 CARINO P.U.D. 1707 Bridgeway Drive From "SF-3" 009 By Roger Duncan Το P.U.D. FIRST READING RECOMMENDED P.U.D. zoning, approve the site plan and preliminary subdivision plat and approve a vaiver from the compact parking requirements, grant variances from the minimum 5-acre requirement for P.U.D.s, and from the cul-de-sac requirement for dead-end streets, subject to the Τ.Ι.Α. recommendations. The commission recommends that: (1) the jogging trail be relocated at the south end of the site, and that it be narrowed, (2) the drainage pipe be placed as close as feasible to the south end and that it provide a connection for the entire circular jogging trail, (3) the underbrush be retained, (4) the requirement for a 6-foot fence along the southern property line be vaived, and (5) allov residents of the neighborhood to serve on the governing board. (On Councilmember Carl-Mitchell's motion, Councilmember Barnstone's second, 6-0 Vote, Councilmember Urdy absent.) : Council Memo 10 10/27/88 (4) -88 ELI J. GARZA 0068 By: Oak Hill Properties, Inc. - - South MoPac Expressway and West William Cannon THIRD READING TRACTS 1,2,5,6 AS RECOMMENDED & WILL NOT SET A PRECEDENT FOR MOPAC FIRST READING, "LO" TRACT 4 WITH 50 VEGETATION BUFFER- BETWEEN THE NEIGHBORHOOD AND TRACT 4 From "DR", "SF-2" To Tr. 1 "GR-CO" Tr. 2 "GR-CO", "RR" Tr. 5 "GR-CO" Tr. 6 "MF-2-CO", "RR" NO RECOMMENDATION Not & Quorum Vote Tr. 4 "LR"-"CO" as amended RECOMMENDED subject to staff's recommendation on all tracts except Tract 4. (5-3) Tract 4 - no recommendation. Subject to neighborhood agreement and letter from Mr. Curtis Villians dated 9/13/88; delete fiscal requirement. Motion The Council, on Councilmember Carl-Mitchell's motion, Councilmember Nofziger's second, waived the requirement for three readings and finally passed an ordinance to approved Tracts 1,2,5,6 as recommended. (6-0 Vote, Councilmember Urdy absent) Ordinance will be held until Tract 4 is approved on all three readings. Motion Councilmember Carl-Mitchell made a motion, seconded by Mayor Pro Tem Shipman to zone "LO" on Tract 4. Friendly Amendment Mayor Pro Tem Shipman offered a friendly amendment to have a minimum of a 50' vegetation buffer between the neighborhood and Tract 4, Councilmember Carl-Mitchell accepted the friendly amendment. Substitute Motion-FAILED Councilmember Barnstone made a substitute motion to zone "LR" on Tract 4 and restrict activity to 11:00 P.M. Councilmember Humphrey seconded the motion, with a friendly amendment to restrict buildings to one story, all lighting will be toward the street, operation will be from 7 A.M. to 9 P.M. with no gas pumps and no restaurant. The friendly amendment was accepted. Motion FAILED by a vote of 3-3 with Councilmember Carl-Mitchell, Mayor Cooke and Mayor Pro Tem Shipman voting No, Councilmember Urdy absent. Roll Call on Motion 4-2-0 Vote, Councilmembers Barnstone & Humphrey voted No, Councilmember Urdy absent. : Council Memo 11 10/27/88 (5) -88 CITY OF AUSTIN 090 By: Vater and Wastewater Dept. U.S. Hwy. 290 West and Travis Country Blvd. From "SF-2" To "P" ORDINANCE RECOMMENDED to grant "P-CO": sidewalks to be installed after HWY 290 WEST frontage roads are constructed; utility to investigate improvement of access to the site. (On Councilmember Carl-Mitchell's motion, Mayor Pro Tem Shipman's second, 5-0 Vote, Councilmember Barnstone out of the room, Councilmember Urdy absent.) (6) -88 Ε.Τ.Β. 0108 (ECKERD'S CORP.) By Minassian & Associates 2005 Wheless Lane From "GR" To "CS-1" ORDINANCE RECOMMENDED "CS-1-C0" with the following conditions: (1) uses shall be limited to GR uses plus the sale of beer and wine in unopened containers for off-premise consumption; (2) revenue from the sale of non-alcoholic products shall comprise at least 51% of the gross income of the establishment; and (3) at least 51% of the total display or shelf space shall be devoted to items other than beer and vine. (7)-88 Ε.Τ.Β. 0110 (8) -88 0111 (ECKERD'S CORP.) By Minassian & Associates 900 East Braker Lane From "GR" To "CS-1" ORDINANCE RECOMMENDED "CS-1-C0" with the following conditions: (1) uses shall be limited to "GR" uses plus the sale of beer and wine in unopened containers for off-premise consumption; (2) revenue from the sale of non-alcoholic products shall comprise at least 51% of the gross income of the establishment; and (3) at least 51% of the total display or shelf space shall be devoted to items other than beer and vine. Ε.Τ.Β. (ECKERD'S CORP.) By Kinassian & Associates 9515 North Lamar Blvd. From "GR" Το "CS-1" ORDINANCE : Council Memo 12 10/27/88 RECOMMENDED "CS-1-CO" with following conditions: (1) uses shall be limited to "GR" uses plus the sale of beer and wine in unopened containers for off-premise consumption; (2) revenue from the sale of non-alcoholic products shall comprise at least 51% of the gross income of the establishment; and (3) at least 51% of the total display or shelf space shall be devoted to items other than beer and wine. (9) -88 Ε.Τ.Β. 0115 (ECKERD'S CORP.) By Kinassian & Associates 5619 Airport Blvd. From "CS". To "CS-1" ORDINANCE RECOMMENDED "CS-1-CO" with the following conditions: (1) uses shall be limited to "CS" uses plus the sale of beer and vine in unopened containers for off-premise consumption; (2) revenue from the sale of non-alcoholic products shall comprise at least 51% of the gross income of the establishment; and (3) at least 51% of the total display or shelf space shall be devoted to items other than beer and wine. Ε.Τ.Β. (10) -88 0116 (ECKERD'S CORP.) By Minsassian & Associates 5335 Burnet Road From "CS" To "CS-1" ORDINANCE RECOMMENDED "CS-1-CO" with following conditions: (1) uses shall be limited to "CS" uses plus the sale of beer and vine in unopened containers for off-premise consumption; (2) revenue from the sale of non-alcoholic products shall comprise at least 51% of the gross income of the establishment; and (3) at least 51% of the total display or shelf space shall be devoted to items other than beer and wine. (11) -88 E.T.B., INC. 0118 (ECKERD'S CORP.) By Minassian & Associates 1105 North I.H. 35 Service Road NB From "CS" Το "CS-1 ORDINANCE RECOMMENDED "CS-1-CO" with the following conditions: (1) used shall be limited to "CS" uses plus the sale of beer and vine in unopened containers for off-premise consumption; (2) revenue from the sale of non-alcoholic products shall comprise at least 51% of the gross income of the establishment; and (3) at least 51% of the total display or shelf space shall be devoted to items other than beer and wine. Council Memo 13 10/27/88 (12)-88 DIAMOND SHAMROCK 0106 By Bury & Pittman 8205 Brodie Lane From "LR" Το "GR" POSTPONED NOVEMBER 3, 1988 RECOMMENDED "GR-"LO"-"CO" limited to car wash for "GR" use and "LR" uses only. No driveway on Plantation Road; no operation of car wash between midnight and 6:00 p.m.; require an 8' privacy fence along the development side of the buffer subject to compliance with sect. 13-2-208; to "LO" District site development regulations, and in the event right-of-way is the applicant will be required to dedicate up to 50' of right-of-way from the centerline of Brodie Lane. (13) -88 0069 MARTHA HILL PROPERTY 11751 Jollyville Road From "SF-2" To "LO-CO" EMERGENCY PASSAGE OF ORDINANCE By SPE Associate (Applicant requests emergency passage of ordinance) { RECOMMENDED "LO-"CO" subject to (1) limiting uses to medical, dental and professional offices, (2) access to be limited to one driveway on Jollyville Road, (3) the site plan to provide appropriate landscaping along Secrest Drive, (4) maximum 1-4 stories or 35-foot building height, (5) building footprint not to exceed 4,000 sq. ft. (14)-88 QUALLO INVESTMENTS 809 Stark Street 0098 By REO Builders From "SF-3" Το "ΝΟ" NOT RECOMMENDED DENIED (15) h-88 0014 EUCK'S SLOUGH BRIDGE By City of Austin 3300-3400 Mt. Bonnell From "P" Road Το ""P-H" NO RECOMMENDATION ORDINANCE (16) h-75 PEASE SCHOOL 1106 Rio Grande 017 By City of Austin (On Councilmember Shipman's motion, Councilmember Nofziger's second, 5-0 Vote, Councilmember Barnstone out of the room, Councilmember Urdy absent) From "UNZ" Το "UNZ-H" POSTPONED TO DECEMBER 1, 1988 Council Memo 14 Amendment to Restrictive Covenant (1) r-85 LAKELINE MALL 10/27/88 178 COMPANY Hwy. 183 North & F.M. 620 North 372 PARTNERSHIP LAKELINE JOINT By Armbrust & Brown lined) RECOMMENDED to approve deletion of the pervious paver requirement from the restrictive covenant and to include require- ments regarding recharge enhancement systems and compliance with the environmental criteria manual. APPROVED AS FOLLOWS: to reduce the pervious paver requirement to (Changes under- 32 and to include require- ments regarding recharge enhancement systems and compliance with the environmental criteria manual. (On Councilmember Humphrey's motion, Councilmember Barnstone's second, 5-0 Vote, Councilmember Carl-Mitchell out of the room, Councilmember Urdy absent) Pending Cases (1) r-86 WEBBERVILLE 236 INDUSTRIAL, INC. 969 6500-6700 F.M. From "SF-2", "LO" Το "IP" RECOMMENDED DISMISSAL APPROVED DISMISSAL (On Mayor Pro Tem Shipman's motion, Councilmember Nofziger's second, 5-0 Vote, Councilmember Barnstone out of the room, Councilmember Urdy absent) PUBLIC HEARING - DISANNEXATION Mayor Cooke opened the public hearing set for 5:00P.M. on disannexation from Mr. Tommy Nowotny et al. Speaker's cards are on file in the City Clerk's office. Councilmember Carl-Mitchell suggested limited purpose annexation which might solve the concerns of the residents who feel they are paying taxes but not receiving the services. Council unanimously agreed to continue the public hearing on November 3, 1988 at 3:30 after the neighborhood has talked among themselves concerning disannexation vs. limited purpose annexation. Council Memo PUBLIC HEARING - APPEAL 15 10/27/88 Mayor Cooke opened the public hearing on an appeal from Mr. Terrance Lang Irion of the Planning Commission's decision to deny variances to Barton Creek Watershed Amendments Section 13-3-305 (a) (4) and 13-2-306(a)(2) of the Travis Country Preliminary Subdivision Plan C8-83-29.01(85). Speaker's cards are on file in the City Clerk's office. Motion Councilmember Humphrey made a motion to approve variances to Barton Creek Watershed Amendments Section 13-3-305(a)(4) and 13-2-306(a) (2) of the Travis Country Preliminary Subdivision Plan C8-83-29.01(85). Second to Motion Councilmember Carl-Mitchell seconded the motion, "but I want to make sure we have lot size changes as part of the exhibit on Page 3 that the number of lots are noted shall be after .85 units per acre, that's 74 lots and 3.95 units per acre, that's 471 lots." Councilmember Humphrey approved this for inclusion in the motion. Mayor Cooke asked Tracy Watson if this has been through any process with the Planning Commission. He was referring to the site plan as changed. Mr. Watson said one had been and one had not been through the Planning Commission, "So we are having a little procedural problem now trying to figure out how we attach a variance to something that hasn't actually been submitted yet." Councilmember Carl-Mitchell said, "What I suggest is that Mr. Watson brings up a good point and this has been an unusual case because we usually get variances with the overall subdivision planning reviewed by the Planning Commission. But, considering all of the work that everyone has put in, my request would be that it does go back through, i.e. the environmental variances are as outlined and the other points of this agreement are as outlined, but then it has to go back through the subdivision process..." Mr. Watson said, "That would be all boards and commissions." Mayor Cooke asked how much that would cost everybody. Discussion followed. Mr. Watson stated, "What we can do with Council direction, if you so desire, this would not go back to the Environmental Board. The variance direction you provide, unless the Legal Department tells me otherwise, would be incorporated into the revised plan, go to the Planning Commission only and they will act upon it." Mayor Cooke said that would be fine. Vote on Motion 6-0 Vote, Councilmember Urdy absent (The definitive copy of the resolution and letters from the neighborhood associations are on file in the City Clerk's office.) Council Memo EXECUTIVE SESSION 16 10/27/88 Mayor Cooke 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 RECESS - Section 2, Paragraph e (a) City of Austin vs. Houston Lighting and Power (b) ETSI Pipeline Project, et al. vs. Burlington Northern, Inc., et al., C.A. No. B-84-979-CA (c) Burlington Northern Railroad Company and Missouri(d) Kansas-Texas Railroad Company vs. Lower Colorado River Authority and the City of Austin, C.A. No. 4-87-504-K. City of Austin vs. Carr et al. (e) Water Rate Case at Texas Water Commission (f) City of Austin vs. 244 Joint Venture Council recessed for executive session from 9:05 to 10:40 P.M. and then resumed its recessed meeting. BUDGET REDUCTIONS Council had before them for consideration the third reading of an ordinance amending the 1988-89 Operating Budget by incorporating budget reductions proposed by the City Manager at City Council reductions. Speaker's cards are on file in the City Clerk's office. Motion Councilmember Nofziger made a motion to approve on THIRD READING the ordinance amending the 1988-89 Operating Budget incorporating the budget reductions proposed by the City Manager as amended on FIRST and SECOND readings with this additional amendment: - - Raise mileage reimbursement for construction inspectors from 20 to 25¢ per mile All others will be raised from 20 to 21¢ Mayor Cooke seconded the motion. He asked for a clarification of the cost and Councilmember Nofzger said the amount will be $27,779.00 to the General Fund. Councilmember Nofziger proposed the money be taken from the "much heralded, what used to be $477,000.00". ) Council Memo 17 10/27/88 Councilmember Humphrey asked how much it would be to reimburse construction inspectors 28ç a mile, all other City employees 25c and the City Council 20¢. He was told the two of them together would be approximately $106,000.00. Friendly Amendment - Accepted Councilmember Humphrey stated, "As of September 21, 1988 there were 219 vacant positions in the General Fund. Of these, 67% or 30.6% are proposed for elimination. That means there are 152 vacant positions being funded. I propose we take out five positions and be able to take care of our own folks." Councilmember Humphrey offered this as a friendly amendment, Councilmember Nofziger accepted the friendly amendment. Acting City Manager John Ware said if the Council wants to eliminate five vacant positions, that can be done. Councilmember Humphrey said they should be eliminated from upper and middle management. Roll Call on Motion with Friendly Amendment 4-2 Vote, Mayor Pro Tem Shipman and Councilmember Carl-Mitchell voted No, Councilmember Urdy absent COMPUTER MAINTENANCE The Council, on Councilmember Nofziger's motion, Mayor Cooke's second, approved the professional service agreement between the City of Austin and Control Data Corporation for maintenance of IBM mainframe computer hardware and related peripherals for Information Systems, Brackenridge Hospital and Police Departments. (5-0 Vote, Councilmember Urdy absent, Councilmember Barnstone abstained.) CONTRACT The Council, on Mayor Pro Tem Shipman's motion, Councilmember Carl-Mitchell's second, adopted a resolution approving the following contract: (6-0 Vote, Councilmember Urdy absent) QUALITY MANUFACTURING, INC. 1420 Nimitz Avenue Talladega, Alabama - Emergency Repair and Refurbish Damaged 1987 Custom Pumper Truck, General Services Department Total $118,079.00 ITEM POSTPONED Postponed to November 3, 1988 is consideration of a contract to Mac Roofing & Supplies, Inc. for reroofing of Rosewood Zaragosa Health Clinic. Council Memo HALLOWEEN ON SIXTH STREET 18 10/27/88 Councilmember Barnstone introduced to Council discussion of alternative public safety mechanisms on Sixth Street for Halloween. Chief of Police Everett outlined a plan for public safety which would call for control of traffic and 200 Police Officers on duty and no cars to be allowed to park on the street. He said his outline would be the best crowd control if Council eliminates one-way pedestrian traffic. Both Mayor Pro Tem Shipman and Councilmember Carl-Mitchell stated for the record their opposition to elimination of one way pedestrian traffic on 6th Street Halloween night. Motion to Reconsider Councilmember Humphrey made a motion, seconded by Councilmember Carl-Mitchell to reconsider the motion made on December 20, 1988 concerning Halloween pedestrian patterns on 6th Street. Motion passed unanimously. ✓ Motion Councilmember Carl-Mitchell made a motion to adopt the public safety mechanism on Sixth Street for Halloween as originally proposed by the City's public safety officer, which is the one-way system used in 1987. Mayor Cooke seconded the motion. Acting City Attorney Jonathan Davis told Council a motion to reconsider can only be taken up at the meeting where the original action took place. Mr. Davis said the appropriate motion would be to rescind the earlier motion made two weeks ago. Motion Restated Councilmember Humphrey made a motion, seconded by Councilmember Carl-Mitchell to rescind previous action of the Council and restore the one-way traffic pattern on Halloween on 6th Street. (4-2 Vote, Councilmembers Barnstone and Nofziger voted No.) WORKSESSION SCHEDULE FOR NOVEMBER, DECEMBER 1988 & JANUARY 1989 Mayor Cooke distributed the worksession schedule for Council for November & December, 1988 and January 1989. A copy of the proposed schedule and proposed cancellation of meetings is on file in the City Clerk's offic. REPORT POSTPONED Postponed indefinitely is a City Manager Report on Parkland Dedication Fees. : بیت Council Memo TECHNOLOGY INCUBATOR 19 10/27/88 Joe James, Director of EDIT, presented the City Manager's Status Report on the proposed Austin Technology Incubator. CONTRACTS APPROVED The Council, on Councilmember Carl-Mitchell's motion, Councilmember Nofziger's second, adopted resolutions approving the following contracts: (6-0 Vote, Councilmember Urdy absent) Bid Award: (1) NATURAL GAS MARKETING STORAGE 1400 Smith Street Houston, Texas (2) HOUSTON PIPE LINE COMPANY 1400 Smith Street Houston, Texas (3) MOBIL NATURAL GAS, INC. Natural Gas Boiler Fuel, City's Power Plants Operations, Electric Utility Department Total $59,847,000.00 88-0304-OM - $30,630,000.00 plus $8,751,000.00 for two additional twelve (12) month periods $17,502,000.00 - $4,900,000.00 plus $1,400,000.00 for two additional twelve month periods $2,800,000.00 Nine Greenway Plaza, Ste. 2700 - $4,015,000.00 Houston, Texas ADJOURNMENT Council adjourned its meeting at 12:20 A.M., October 28, 1988.