10 AUSTU . Austin City Council MINUTES For December 08, 1988 1:00 Ρ.Μ. Council Chambers, 307 West Second Street, Austin, Texas Mayor Cooke called to order the meeting of the Council at 1:25 Ρ.Μ., noting the presence of all Councilmembers. (Council had met from 1:20 to 1:25 P.M. for a meeting of the Austin Housing Finance Corporation.) MINUTES APPROVED The Council, on Mayor Pro Tem Shipman's motion, Councilmember Humphrey's second, approved minutes for regular meeting of December 1, 1988 and special meeting of November 29, 1988. (5-0 Vote, Councilmembers Carl-Mitchell and Urdy out of the room) CITIZEN COMMUNICATIONS Mr. Kendall Thomas withdrew his request to speak. Ms. Lori Cervenak-Renteria discussed homeless affairs. Mr. Gil Johnson discussed inspection requirements. Mr. Jerry Lawson talked about "wide-area energy management" field test in Austin commercial sector by Oak Ridge Laboratory and U.S. Department of Energy. Ms. Ingrid Weigand and Mr. Frank Morrow talked about public access television, as did Ms. Linda Litowsky. Mr. Albert Stowell did not appear to speak. 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 by the City Council will be taken on any subject or matter unless specifically listed on the agenda for this meeting. 1. Pending Litigation - Section 2, Paragraph e (b) (a) City of Austin vs. Houston Lighting and Power ETSI Pipeline Project, et al. vs. Burlington Northern, Inc., et al., C.A. No. B-84-979-CA First State Bank v. City of Austin `before Texas: Water Commission (c) (d) Bee Caves Partners, Ltd. v. City of Austin before (e) the Texas Water Commission Wasson Road Joint Venture v. City of Austin Council Memo 2 12/8/88 2. Land Acquisition - Section 2, Paragraph f (a) Resource Recovery Generating Plant; Sale of Land and Fixtures 3. Personnel Matters - Section 2, Paragraph g (a) City Manager Search RECESS Council recessed for executive session 2:00 Ρ.Μ. to 7:39 Ρ.Μ. ANNOUNCEMENT Mayor Cooke announced no action will be taken as a result of executive session, but he said Council will decide on a City Manager on December 20, 1988. ZONING HEARINGS Mayor Cooke announced Council would hear the following zoning cases. Council heard, closed the public hearings, passed ordinances where applicable, and postponed if necessary. Disposition of cases follows each listing. Items continued from previous meeting: (1) -88 DAVENPORT LIMITED Loop 360 0601 Davenport West and Westlake Drive PUD by Land Strategies Inc. From "LA", "SF-2" To "PUD" Continued 12/15/88 @ 4 Ρ.Μ. From "P" Το "SF-2" RECOMMENDED b. Recommended by the Planning Commission, As Requested: (2) -88 ΡΕΥΤΟN COLLINS 0126 & COMPANY By Armbrust & Brown U.S. Hwy. 290 Vest & Vest Villiam Cannon Drive 1164 San Bernard EMERGENCY PASSAGE OF ORDINANCE (Applicant requests emergency passage of ordinance) (3) h-88 VESLEY UNITED 0017 METHODIST CHURCH By City of Austin (4) h-88 SPINOLA-SMITH 0018 HOUSE 1160 San Bernard By City of Austin 1110 East 10th (5) h-88 DILL-WHITE HOUSE 0020 By City of Austin From "SF-3" Το "SF-3-H" RECOMMENDED ORDINANCE From "SF-3" Το "SF-3-H" RECOMMENDED ORDINANCE From "SF-3" Το "SF-3-8" RECOMMENDED ORDINANCE Council Memo こ ! 3 12/8/88 b. Recommended by the Planning Commission, As Requested: (continued) c. (6) h-88 BAILETTI-WALKER 1006 Waller 0022 HOUSE By City of Austin From "CS" Το "CS-H" RECOMMENDED ORDINANCE Recommended by the Planning Commission, With Conditions: (7) -88 LAKELINE 0107 DEVELOPMENT CORP. By Richardson Verdoorn Ridgeline Drive & F.M. 620 Ν. From "MF-3" Το "GR" ORDINANCE RECOMMENDED "GR-CO" with a conditional overlay limiting building heights to 40 ft. (8)-88 SETTLEMENT CLUB 1600 Peyton Gin 0122 By Sheri Gallo Road From "SF-3", "SP-3-H" Το "GO-CO", "GO-H-CO", "SF-3" CONTINUED JANUARY 19, 1989 @ 4 Ρ.Μ. RECOMMENDED subject to (1) deleting the right-of-way requirement (2) congregate living restricted for 18 & under (3) recommended that Council consider special fees for c.u.p.'s for human service providers (4) applicant make effort to meet with neighborhood association on any proposed site plans. (9) -88 KILLEEN SAVINGS 0066 & LOAN 11400-11500 Jolly- ville Road From "I-SF-2" By Mauro, Wendler, Το "MF-2" FIRST READING Sheets & Assoc. RECOMMENDED "MF-2/CO" Multifamily Residence (Lov Density) with a Conditional Overlay district limiting the density to 23 units per acre, subject to the recommendations of the Transportation Reviev memorandum. (10) -88 BRUCE SHUMATE 5228 McCarty Lane From "SF-2" 0104 By Lichliter/ Jameson & Assoc. Το "SF-6" & "RR" FIRST READING RECOMMENDED "SF-6" subject to dedication of up to 35′ of right-of-way from the centerline of McCarty Lane; trees with oak wilt to be removed prior to 3rd ordinance reading. Council Memo 4 c. Recommended by the Planning Commission, With Conditions: 12/8/88 (continued) 5218 and 5224 McCarty From "SF-2" Lane Το "SF-6", "MF-2" & (11)-88 FIRST REPUBLIC 0105 BANK ΝΑ By Lichliter/ DEDICATION OF UP ΤΟ 35' "RR" FIRST READING Jameson & Assoc RIGHT-OF-WAY FROM CENTER LINE OF MCCARTY LANE RECOMMENDED subject to conditions outlined in October 26, 1988 memo from Ron Spencer to Betty Baker and trees with oak wilt to be removed prior to 3rd reading. (12)-88 DANIEL R. PORTH 0022 By Donna Kristaponia 10713-10735 From "LO" Jollyville Road To "LO-CO" & "GR" FIRST READING RECOMMENDED subject to conditions of letter to Jim O'Donnel dated November 1, 1988; dedication of 120 ft. right-of-way for Braker Lane; access to Jollyvile Road limited to joint use driveway, and fiscal. (ON COUNCILMEMBER HUMPHREY 'S MOTION, BARNSTONE'S SECOND, 5-0 VOTE, MAYOR PRO TEM SHIPMAN, COUNCILMEMBER NOFZIGER OUT OF THE ROOM) (13) -88 JOSEPH, RIDER & CAMERON 0077 By Susan Irvin IH-35 North & West Palmer Lane From "DR" To "CH" & "GR" FIRST READING RECOMMENDED subject to limited F.A.R. of .65 on Tract 2 and 1.0 on Tract 3. Motion Councilmember Urdy made a motion, seconded by Councilmember Barnstone to approve the Planning Recommendation with Tract 2.65 FAR and Tract 3 1.0 FAR. Substitute Motion FAILED Councilmember Carl-Mitchell offered a substitute motion, to approve Tract 2 .6 FAR and Tract 3.6 FAR. Motion FAILED by a vote of 3-4 with Mayor Cooke, Councilmembers Barnstone, Humphrey and Urdy voting No. Roll Call on Original Motion - FAILED 3-4 Vote, Mayor Cooke, Councilmembers Carl-Mitchell, Humphrey and Mayor Pro Tem Shipman voted No. Motion The Council, on Mayor Cooke's motion, Councilmember Humphrey's second approved Tr. 1 "GR-CO" .35 FAR, Tr. 2.60 and Tr. 3.75 FAR. (7-0 Vote) Council Memo 5 12/8/88 (14)-88 ALMA G. MEYERS 0132 By Malcolm Belisle 1004 East 32nd Street From "MF-4" To "GO" FIRST READING RECOMMENDED subject to 35 feet of right-of-vay dedication from the centerline of East 32nd Street. 2. AMENDMENTS TO RESTRICTIVE COVENANTS Recommended by the Planning Commission, As Requested: a. (1) r-81 ABBOTT 3900 Hovard Lane 037 LABORATORIES By Robert Sneed Restrictive Covenant Amendment RECOMMENDED APPROVED COVENANT AND RESOLUTION b. Recommended by the Planning Commission, As Requested, With Conditions: (2) -79 C. F. SILVER 189 ASSOC. 2900 South 1st Street By Patrick J. O'Connell Restrictive Covenant Amendment APPROVED COVENANT AND RESOLUTION RECOMMENDED as recommended; prior to City Council hearing, it has been requested that the applicant submit a landscape plan for review by staff and neighborhood group to address buffering/screening at rear lot line. (On Councilmember Humphrey's motion, Councilmember Barnstone's second, 5-0 Vote, Mayor Pro Tem Shipman and Councilmember Nofziger out of the room.) CERTIFICATES OF OBLIGATION The Council, on Councilmember Humphrey's motion, Councilmember Carl-Mitchell's second, adopted a resolution authorizing publication of notice of intent to issue Certificates of Obligation in the amount of $5,600,000.00 for acquiring, constructing and installing additions and improvements to the City's solid waste disposal system and facilities. (7-0 Vote) PUBLIC HEARING - CULTURAL ARTS MAJOR FACILITY POLICY Mayor Cooke opened the continued public hearing to consider amending the Cultural Arts Major Facilities Policy. Registration cards for speakers are on file in the City Clerk's office. The Council, on Mayor Pro Tem Shipman's motion, Councilemmber ; Council Memo 6 12/8/88 Carl-Mitchell's second, closed the public hearing and directed this be posted for action on January 5, 1989. (7-0 Vote) PUBLIC HEARING - AMENDMENTS TO AUSTIN METROPOLITAN AREA ROAD PLAN Mayor Cooke opened the public hearing set for 5:00 P.M. on proposed amendments to Austin Metropolitan Area Road Plan with regard to North and South Lamar Boulevard. Cards for speakers are on file in the City Clerk's office. Motion The Council, on Mayor Pro Tem Shipman's motion, Councilmember Carl-Mitchell's second, voted to continue the public hearing on January 12, 1988 at 5:00 P.M. PUBLIC HEARINGS CONTINUED Continued to 4:00P.M. on December 15, 1988 is the public hearing on amendments relating to the "PUD" District. Continued to December 15, 1988 at 4:15 P.M. is the continued public hearing on amendments establishing an "M-PUD" Master Planned Unit Development District. ITEMS POSTPONED The remainder of the items on the agenda were postponed to a later date. - - - - - - - Board and Commission report from Austin Convention and Visitor Bureau to 12/15/88 Ordinances considering six annexations to 12/15/88 Resolution concerning A.R. Davis Water Treatment Plant to 12/15/88 Resolution approving payment of assessment to Edward's Aquifer District tp 12/15/88 Items from Council re Austin Economic Dev. Corp. to 12/15/88 Ordinances to vacate a portion of Wasson Road, Capital Improvements Program Items, and consideration of cancelling several City Council meetings will be on the 12/15/88 agenda. Postponed to December 10, 1988 at 4:30 P.M. is an ordinance concerning Bonita Vista subdivision. f Council Memo 7 12/8/88 Resolutions concerning License Agreement; notice of full purpose annexations; landscaping; Capital Metro; paving assessments; supplemental agreements; Davenport Ranch were postponed to 12/15/88. The supplemental agreements with State Dept. of Highways was postponed to 12/13/88 at 3 P.Μ. An ordinance concerning Bee Caves Partners Ltd was postponed to 12/12/88 at 4:30 P.M. (Gill Ranch) - A resolution concerning roof repair at Rosewood Zaragosa was postponed to 12/15/88 PUBLIC HEARING SET Set for 12/15/88 at 6:00P.M. is a public hearing on commercial and residential garbage collection fees increases, on Councilmember Humphrey's motion, Councilmember Carl-Mitchell's second, 7-0 Vote. ITEMS FROM COUNCIL POSTPONED Postponed to 12/15/88 is consideration of a resolution establishing a committee to look at the use of parkland for private commercial use. Also postponed to 12/15/88 is consideration of moving the senior citizen's luncheon program back to the South Austin MultiPurpose Center. ADJOURNMENT Council adjourned its meeting at 9:30 Ρ.Μ.