..... Austin City Council MINUTES For November 03, 1988 - 1:00 Ρ.Μ. Council Chambers, 307 West Second Street, Austin, Texas • Mayor Cooke called to order the meeting of the Council, noting that Councilmembers Urdy and Carl-Mitchell and Mayor Pro Tem Shipman had not arrived but that they would shortly. MINUTES APPROVED The Council, on Councilmember Humphrey's motion, Councilmember Nofziger's second approved minutes for regular meeting of October 27, 1988 and special meeting of October 25, 1988. (4-0 Vote, Councilmembers Urdy and CarlMitchell, Mayor Pro Tem Shipman absent) CITIZEN COMMUNICATIONS Ms. Carol S. Hadnot and Ms. Dorothy Turner discussed the Resource Management Department. REPORTS POSTPONED - Postponed to November 10, 1988 are the reports from Economic Development Commission Business Expansion and Retention Program, and Restaurant Task Force Final Report. ITEMS POSTPONED - Postponed to November 17, 1988 is consideration of acquisition of the Austin Chamber of Commerce Building, located on City-owned park land at 901 West Riverside Drive, for the relocation of the PARD Senior Citizen Programs at a total cost of $314,863.00. Postponed to November 7, 1988 is approval of the following contracts for Electric Utility Department, Westinghouse Electric Corp., $275,000.00; General Electric Company, $10,000.00; and Other Anticipated Original Equipment Manufacturers, $315,000.00. Council Memo ITEMS POSTPONED 2 - (Continued) 11/3/88 Postponed to 11/10/88 is consideration of approving an amendment to the wastewater contract between the City of Austin and 183/620 group. Postponed to November 10, 1988 is consideration of naming committee members to the Impact Fee Sub-Committee. ZONING ORDINANCES The Council, on Councilmember Humphrey's motion, Mayor Pro Tem Shipman'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: (5-0 Vote, Councilmembers Urdy and CarlMitchell absent) SOUTH IH-35 ASSOC. By Mathias Company C14-86-327 & 328 6600-6900 South IH-35 From "SF-2" to "GR" ORDINANCE First reading on April 28, 1988 (6-0). Councilmember Urdy out of room at roll call. Conditions have been met as follows: Restrictive Covenant incorporating conditions imposed by Council has been executed. Development restricted to that shown on the Site Plan attached as an exhibit to the ordinance. CONSENT ORDINANCES The Council, on Councilmember Humphrey's motion, Councilmember Nofziger's second, waived the requirement for three readings and finally passed the following ordinances all in one consent motion: (6-0 Vote, Councilmember Urdy absent) Operating Budget Amendment Amended the 1988-89 Operating Budget by: a. Accepting and appropriating a grant award in the amount of $8,725.00 from the Texas Commission on the Arts to support the Artist-in-Education Program. Ordinance Corrected Amended the following ordinance to correct the legal description or use designation: a. Ordinance No. 851003-Z, Case No. Cl4r-85-154 locally known as 1300 Block of Slaughter Lane Council Memo Speed Zones 3 11/3/88 : Amended the Austin City Code to modify the following speed zone. Section 11-2-99(d) (School Speed Zone) - 20 m.p.h. Springdale Road, Berkman Drive, Alexandria Drive and South 2nd Street Council Meetings Cancelled Approved cancelling all City Council meetings for the week of November 20-26, 1988. CONSENT RESOLUTIONS The Council, on Councilmember Humphrey's motion, Mayor Pro Tem Shipman's second, adopted the following resolutions all in one consent motion: (5-0 Vote, Councilmembers Nofziger and Barnstone out of the room) Capital Improvements Program : Approved acquisition of 6,333 square feet of land for right-ofway needed for the construction of CDD/18 Street Improvement Project. C.I.P. No. 82/62-01. Contracts Approved .. Approved the following contracts: AUS-TEX PLUMBING, HEATING AND AIR CONDITIONING, INC. 7031 East Highway 290 Austin, Texas - CAPITAL IMPROVEMENTS PROGRAM - Rebekah Baines Johnson Health Center Administration Building Renovations, Transportation and Public Services Department Total $432,295.00 C.I.P. No. 87/91-01 b. J.C. EVANS CONSTRUCTION CO., INC. CAPITAL IMPROVEMENTS PROGRAM - P.O. Box 9647 Austin, Texas Construction of Moore's Crossing 35" Transmission Main Phase B-1, Water and Wastewater Utility Department Total $461,210.05 C.I.P. No. 86/22-30 c. POOL AND ROGERS PAVING COMPANY 20025 18-35 Buda, Texas - CAPITAL IMPROVEMENTS PROGRAM - 1988 Streets Repaving, Transportation and Public Services Department Total $ 332,922.70 C.I.P No. 88/62-75 Council Meno d. Bid avard: (1) TEX-CON OIL COMPANY 4609 Burleson Road Austin, Texas (2) SOUTHWEST SOLVENTS & CHEMICALS 9806 IH-35 South Austin, Texas e. Bid avard: 4 - - 11/3/88 Oil, Greases & Lubricants, General Services Department Twelve (12) Month Supply Agreement Total $100,768.00 88-0319-OM Items 1-4-$60,362.00 Items 5-7 & 10-18 - $40,406.00 Replacement Parts for Caterpillar and Detroit Diesel Engines, General Services Department Tvelve (12) Month Supply Agreement Total $110,000.00 88-0291-DC Itens 1-2 - $60,000.00 : i (1) BOLT MACHINERY 9601 South IH-35 Austin, Texas (2) AUSTIN DIESEL, INC. 1909 Smith Road Austin, Texas Service Extension Requests - Item 3 $50,000.00 Approved the following Service Extension Requests and authorized the City cost participation and City cost reimbursement: a. Park 290 East ($1317) Water City Cost Participation b. Park 290 East (#1318) Wastewater Crine Sting Operation - $66,000.00 City Cost Reimbursement $126,000.00 Approved accepting a grant award from the State of Texas, Governor's Office, Criminal Justice Division for continued funding of the Police Department's Property Crime Sting Operation. Emergency Food and Shelter Program Funds Authorized submission of an application to the Austin/Travis, Williamson Counties Federal Emergency Management Agency (FEMA) for $50,000.00 in Emergency Food and Shelter Program Funds. Council Memo Texas Legislature Services 5 11/3/88 Approved special City of Austin Services for members of the Texas Legislature. Public Hearing Set Set a public hearing on the following: a. Annexation of 132.27 acres into the North Travis County MUD No. 5 as per sections 13-1-329 and 13-1-331: November 10, 1988 at 7:00P.M. Palma Plaza Park Approved naming a triangular median Palma Plaza Park, which is a dedicated park land located at West Lynn Street and Palma Plaza. MARY MOORE SEARIGHT METROPOLITAN PARK The Council, on Mayor Pro Tem Shipman's motion, Councilmember Humphrey's second, adopted a resolution naming a newly acquired Metropolitan Park - Mary Moore Searight Metropolitan Park. (6-0 Vote, Councilmember Nofziger out of the room.) AFFIRMATIVE ACTION PLAN : Council had before them for consideration an ordinance to amend the 1988-89 Operating Budget by appropriating $140,000 from the ending balance to fund implementation of the 1988 Affirmative Action Plan. They also had a resolution to consider approving the 1988 Affirmative Action Plan as submitted by the Affirmative Action Task Force. There was a long discussion among Councilmembers as to the wisdom of amending the Operating Budget when there is a shortage of funds. Acting City Manager John Ware did not advise an amendment. The following motions were made: Motion Mayor Pro Tem Shipman made a motion, seconded by Councilmember Nofziger to approve both the ordinance and resolution and go forward with the 1988 Affirmative Action Plan. Substitute Motion - FAILED Councilmember Barnstone made a motion, seconded by Councilmember Humphrey to defer until the City Manager answers questions concerning the funding. Motion FAILED by a vote of 3-4 with Councilmember Urdy, Mayor Pro Tem Shipman, Councilmembers Carl-Mitchell and Nofziger voting No. Council Memo 6 11/3/88 FIRST READING ONLY Roll Call on Main Motion - FIRST READING ONLY 4-2 Vote, Mayor Cooke and Councilmember Barnstone voted No, Councilmember Humphrey abstained. AUSTIN CONVENTION AND VISISTORS BUREAU The Council, on Councilmember Barnstone's motion, Councilmember Humphrey's second, passed through THIRD READING of an ordinance amending Ordinance No. 861120-J including an amendment to Part 2, relating to the Austin Convention and Visitors Bureau board of directors. APPEAL SET The Council, on Mayor Pro Tem Shipman's motion, Councilmember Carl-Mitchell's second, set a public hearing on an appeal of the Planning Commission's decision to approve a waiver from Compatibility Standards for a late-hour permit to B.B. Rover's International Cafe and Pub Case No. SP-88-0298AW on December 1, 1988 at 6:00 P.M., at the request of Charlotte Van Areen. (7-0 Vote) BLACKSHEAR The Council, on Mayor Pro Tem Shipman's motion, Councilmember Carl-Mitchell's second, approved initiating re-zoning of Blackshear Urban Renewal District to conform with the Blackshear Neighborhood Reconstruction project for single family use. (7-0 Vote) NORTH AUSTIN GROWTH CORRIDOR MUD NO. 1 Council unanimously agreed to refer through the 13-1 process consideration of approval of $4,025,000.00 North Austin Growth Corridor MUD No. 1 Unlimited Tax Refunding Bonds, Series 1988 District Bond Issue, Bond Resolution, Official Statement and related documents. When that has been accomplished, this item will be brought back to Council. NORTHWEST DISTRICT PARK The Council, on Councilmember Carl-Mitchell's motion, Councilmember Nofziger's second, adopted a resolution concerning expenditures of parkland dedication fund for park improvements at Northwest District Park. (5-0 Vote, Councilmembers Urdy and Humphrey out of the room.) 1 WATER & WASTEWATER DEPARTMENT "SUNSET AUDIT" The Council, on Mayor Pro Tem Shipman's motion, Councilmember Carl-Mitchell's second, adopted a resolution approving a contract between the City of Austin and Peat Marwick & Company for a consultant ! Council Memo 7 11/3/88 to assist in the "Sunset" Audit of the Water and Wastewater Department in the amount of $50,000.00. 4-3 Vote, Councilmembers Humphrey and Nofziger and Mayor Cooke voted No. PUBLIC HEARING - DISANNEXATION Mayor Cooke opened the public hearing set for 3:30 P.M. to continue the hearing on disannexation from Mr. Tommy Nowotny et al. Speaker's cards are on file in the City Clerk's office. Motion The Council, on Councilmember Carl-Mitchell's motion, Councilmember Urdy's second, closed the public hearing and approved disannexation. (6-1 Vote, Mayor Pro Tem Shipman voted No.) AUSTIN TECHNOLOGY INCUBATOR The Council, on Mayor Pro Tem Shipman's motion, Mayor Cooke's second, waived the requirement for three readings and finally passed an ordinance appropriating $50,000.00 from the Economic Development Trust Fund for funding of the Austin Technology Incubator. (7-0 Vote) DAVIS PARK ESTATES The Council, on Councilmember Humphrey's motion, Mayor Pro Tem Shipman's second, approved reinstatement of an approved preliminary plan for Davis Park Estates. (6-1 Vote, Councilmember Nofziger voted No.) CITY MANAGER REPORT - PARKLAND DEDICATION FEES A City Manager Report was presented on Parkland Dedication Fees. Motion The Council, on Mayor Pro Tem Shipman's motion, Councilmember Carl-Mitchell's second, voted to refund an unexpended balance of $18,000 to Hillview, Inc., Leon A. Whitney, President. (6-0 Vote, Councilmember Urdy out of the room) PUBLIC HEARING - ZONING Mayor Cook announced Council would hear the following zoning cases. Council heard, closed the public hearings and approved two cases and postponed the third. Disposition of cases follows. -88 0106 DIAMOND SHAMROCK By Bury & Pittman 8205 Brodie Lane From "LR" To "GR-CO" FIRST READING (continued on next page) Council Memo 8 11/3/88 RECOMMENDED "GR-CO" limited to a car wash and "LR" uses; recommend the applicant entertain the installation of doors on the car wash which would be closed when the facility closes; limit the hours of operation from 6:00 a.m. to 12:00 midnight; encourage the applicant and neighborhood to work together to negotiate on the vegetation at the property line; use of a double-walled tank or an impermeable liner storage system as secondary containment, rather than reinforced concrete vault as the concrete would seem to be the least reliable from a leakage standpoint; incorporation of a continuous electronic monitoring system to provide the most reliable monitoring available and in the anticipation that such a system may eventually be required by the City; in the event the right-ofway is inadequate, the applicant will be required to dedicate up to 50' of right-of-way from the centerline of Brodie Lane. Motion The Council, on Councilmember Carl-Mitchell's motion, Mayor Cooke's second, closed the public hearing and passed through FIRST READING only of an ordinance approving. (7-0 Vote) Motion to Reconsider The Council, on Mayor Pro Tem Shipman's motion, Councilmember Carl-Mitchell's second, made a motion to reconsider because someone wanted to speak to the issue who had not been recognized prior to the vote. Motion passed by a 6-0 Vote with Councilmember Nofziger out of the room. Speaker's cards are on file in the City Clerk's office. Motion The Council, on Councilmember Urdy's motion, Councilmember Barnstone's second, closed the public hearing and passed through FIRST READING only of an ordinance approving the zoning change. (6-0 Vote, Councilmember Nofziger out of the room) --- -88 ROBERT & 0124 CATHERINE IMMEL 6036 U.S. Hwy. 290 West From "DR" Το "GR-CO" and "CS-1-CO" ORDINANCE RECOMMENDED Tract 1 "GR-CO" Community Commercial - Conditional Overlay District limited to .25 FAR and 55% impervious cover and prohibiting funeral services, guidance services, group homes Class II, pawn shop services, residential treatment and used car sales. Tract 2 "CS-1-CO" commercial liquor sales - Conditional Overlay District limited to .25 FAR and 55% Council Memo 9 11/3/88 impervious cover and prohibiting adult oriented businesses, cocktail lounges, campgrounds, construction sales-and service, convenience storage, equipment sales, equipment repair services, funeral services, guidance services, group homes Class II, kennels, pawn shop services, residential treatment, vehicle storage and used cars sales with a roll back from "CS-1-CO" to "GR-CO" should the use cesse for 90 days. -- --- -88 DAVENPORT LIMITED Loop 360 0601 Davenport West and Westlake Drive From "LA", "SF-2" to "PUD" PUD by Land Strategies Inc. CONTINUE TO NOVEMBER 10,1988 @ 4 Ρ.Μ. REROOFING OF ROSEWOOD ZARAGOSA HEALTH CLINIC Council had before them for consideration a contract to Mac Roofing & Supplies, Inc., for the reroofing of Rosewood Zaragosa Health Clinic, Transportation and Public Services Department, Total $97,257.00 C.M.D. Project No. 88-17. Councilmember Humphrey said he had talked to other roofers who said they could do the reroofing at a lower cost but had not bid on the job. After discussion, the following motion was made: Motion Councilmember Barnstone made a motion, seconded by Councilmember Humphrey to direct the City Manager to direct staff to examine the proposals to see if they meet the needs and report back to Council 11-17-88. Substitute Motion - FAILED Councilmember Carl-Mitchell made a motion, seconded by Mayor Pro Tem Shipman to accept the low bid. Motion FAILED by a vote of 3-4 with Mayor Cooke, Councilmembers Barnstone, Humphrey and Nofziger voting No. SUMIKEN BUILDING Roll Call on Main Motion 4-3 Vote, Mayor Pro Tem Shipman, Councilmembers Carl-Mitchell and Urdy voted No. The Council, on Mayor Pro Tem Shipman's motion, Councilmember Carl-Mitchell's second, adopted a resolution approving the City Council schedule re the inquiry of the Sumiken transaction. (7-0 Vote) Council Memo Sumiken - (Continued) 10 11/3/88 On November 10, 1988, Council will consider the selection. special counsel to the City Council investigation into the Sumiken Transaction. i Motion The Council, on Councilmember Barnstone's motion, Mayor Pro Tem Shipman's second, waived the requirement for three readings and finally passed an ordinance appropriating $25,000.00 from the Electric Utility to pay for the services of a Sumiken Special Counsel. (7-0 Vote) LEASE FOR HEALTH DEPARTMENT Council had before them for consideration a lease with Brackenridge Ltd. for the Health Department at Brackenridge Professional Building. Council directed the Brackenridge Hospital Board to review the proposal before Council takes action. PUBLIC HEARING - ROADWAY PLAN Mayor Cooke opened the public hearing set for 5:00 P.M. on proposed amendments to the Austin Metropolitan Area Road Plan with regard to North and South Lamar Boulevards, Speaker's cards are on file in the City Clerk's office. Motion The Council, on Councilmember Carl-Mitchell's motion, Councilmember Nofziger's second, voted to continue the public hearing on December 8, 1988 at 5:00P.M. (5-0 Vote, Councilnembers Barnstone and Humphrey were out of the room) EXECUTIVE SESSION 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 will be taken by the City Council 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 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-KansasTexas Railroad Company vs. Lower Colorado Authority and the City of Austin, C.A. No. 4-87-504-K Council Memo RECESS 11 11/3/88 ! Council recessed for executive session from 7:30 F.M. to 8:37 Ρ.Μ. METROPOLITAN GOVERNMENT COMMISSION APPOINTMENTS The Council, on Councilmember Nofziger's motion, Councilmember Humphrey's second, appointed Carol Guthrie and Richard McCown as members of the Metropolitan Government Commission. (7-0 Vote) PROJECT MANAGER FOR NEW AIRPORT Council had before them for consideration the naming of a project manager for the new municipal airport. Motion The Council, on Councilmember Humphrey's notion, Mayor Cooke's second, adopted a resolution rescinding the resolution adopted on June 2, 1988, authorizing the City Manager to negotiate a Professional Engineering/Architectural Program Management services contract for a new municipal airport with Turner, Collie, and Braden, Inc. (4-3 Vote. Councilmember Urdy, Mayor Pro Tem Shipman and Councilmember CarlMitchell voted No.) Motion - FAILED Councilmember Humphrey made a motion, seconded by Councilmember Nofziger, to select Sverdrup/Gilbane for a maximum of $1,319,000 if we can negotiate a contract for Phase I, with a friendly amendment by Councilmember Barnstone "to amend the scope of work to delay land acquisition until funds are certified sufficient to at least replace what we have (terminal and runway)." Motion FAILED by a vote of 2-4-0 with Councilmember Urdy, Mayor Pro Ten Shipman, Councilmember Carl-Mitchell and Mayor Cooke voting No, Councilmember Barnstone abstained. Motion - FAILED Councilmember Carl-Mitchell mad a notion, seconded by Councilmember Urdy to select Turner, Collie, Braden, the staff recommendation, with a friendly amendment by Councilmember Barnstone, the same as in the above motion. Motion FAILED by a vote of 3-4 with Mayor Cooke, Councilmembers Barnstone, Humphrey and Nofziger voing No. At this point, Mayor Pro Tem Shipman took the chair. Motion - FAILED Mayor Cooke made a motion, seconded by Councilmember Urdy to select Fluor Daniel/HTNB, with staff negotiating the contract for Council Memo 12 11/3/88 Council approval as follows: I nove to hire Fluor Daniel/HMTB as project manager for the design, engineering and construction of the new Austin Municipal Airport, and direct staff to negotiate a contract with then for submission to the Council for approval on November 17, 1988, under the following conditions: I. Only Fluor Daniel/HNTE will be hired - they are to make recommendations to the Council, on November 15, for the following positions on the project management tean. A. Contract Administration B. Public Relations C. Land Acquisition D. Engineering/Utilities II. The contract to be entered into between the City of Austin and Fluor Daniel/HNTB must include the following provisions: A. MBE/WBE • • • • Not less than 30% MBE/WBE participation level in the Program Management Services provided by Project Manager, with a penalty of $10,000.00 for each percent, or part thereof if less than one percent, that fails to achieve the accepted 30% participation. The 302 MBE/WBE participation level was pledged by project manager. The encouragement of a 30% MBE/WBE participation level throughout the development of the new Austin Airport by: Performing an inventory & survey of MBE/WBE firms certified with the City to determine their interest in participating in the project and their capabilities. Conducting workshops with MBE/WBE firms interested in participating in the master plan study & land acquisition progran Investigating minority business enterprise and small business investment corporations and/or revolving loan funds that have been established in other cities in order to increase minority participation in major capital improvements projects. Development of design and construction packages that will encourage MBE/WBE participation in the design and construction of the new airport facilities. Ensuring MBE/WBE participation through bonafide business enterprises which exist for other business purposes. No MBE/WBE enterprise shall be a subsidiary of project manager or use the same office facilities. Establishing a policy whereby no one sub-contractor will receive more than 25% of total work by dollar volume. Council Memo 13 11/3/88 Enforcing goal achievement and MBE/WBE program compliance by subcontractors through contract penalty clauses. B. Contract requires that all contracts and requests for proposal to City of Austin by project manager must include these contractual provisions. Roll Call on Motion FAILED : 3-3-0 Vote, Mayor Pro Tem Shipman, Councilmembers Carl-Mitchell and Humphrey voted No, Councilmember Barnstone abstained Motion Councilmember Nofziger made a motion, seconded by Councilmember Humphrey to select Sverdrup/Gilbane as program manager and adopt a resolution authorizing the City Manager to negotiate a professional engineering/architectural program management services contract for a new municipal airport, bringing costs down to $1.1-million, with a friendly amendment by Councilmember Barnstone to "amend the scope of work to delay land acquisition until funds are certified sufficient to at least replace what we have (terminal and runway)" and the following conditions: (Motion passed by a vote of 6-0 with Councilmember Barnstone abstaining.) I move to hire Sverdrup/Gilbane as Project Manager for the design, engineering and construction of the new Austin Municipal Airport, and direct staff to negotiate a contract with them for submission to the Council for approval on November 17, 1988, under the following conditions: I. Only Sverdrup/Gilbane will be hired - they are to make recommendations to the Council, on November 15, for the following positions on the project management team. A. Contract Administration B. Public Relations C. Land Acquisition D. Engineering/Utilities II. The contract to be entered into between the City of Austin and Sverdrup/Gilbane must include the following provisions: A. MBE/WBE • Not less than 35% MBE/WBE participation level in the Program Management Services provided by Project Manager, with a penalty of $20,000.00 for each percent, Council Memo 14 11/3/88 or part thereof if less than one percent, that fails to achieve the accepted 35% participation. The 352 MBE/WBE participation level was pledged by project manager. The encouragement of a 352 MBE/WBE participation level throughout the development of the new Austin Airport by: Performing an inventory and survey of MBE/WBE firms certified with the City of Austin to determine their interest in participating in the project and their capabilities.. • Conducting workshops with MBE/WBE firms interested in participating in the Master Plan Study and the Land Acquisition Program. • Investigating minority business enterprise and small business investment corporations and/or revolving loan funds that have been established in other cities in order to increase minority participation in major capital improvements projects. • Development of design and construction packages that will encourage MBE/WBE participation in the design and construction of the new airport facilities. Ensuring MBE/WBE participation through bonafide business enterprises which exist for other business purposes. No MBE/WBE enterprise shall be a subsidiary of project manager or use the same office facilities. Establishing & policy whereby no one subcontractor will receive more than 25% of total work by dollar volume. Enforcing goal achievement and MBE/WBE program compliance by subcontractors through contract penalty clauses. B. Contract requires that all contracts and requests for proposal to City of Austin by project manager must include these contractual provisions. こ Council Memo 15 11/3/88 SOFTBALL The Council, on Mayor Pro Tem Shipman's motion, Councilmember Carl-Mitchell's second, adopted a resolution to select the Parks and Recreation Department as the softball program provider, after-considering the results of staff evaluation of softball proposals which recommended the Parks and Recreation Department. (5-2 Vote, Councilmember Urdy and Mayor Cooke voted No.) CDBG Council had before them for consideration the granting of a contract extension for the following: The 12th year and 13th year CDBG contracts for the Greater Montopolis Corporation. After discussion, Council said action will be taken November 7, 1988 at 5:30 Ρ.Μ. ADJOURNMENT Council adjourned its meeting at 12:25 A.M., November 4, 1988