- TY OF AUST E E FOUNDED 1834 Z Austin City Council MINUTES For February 02, 1989 - 1:00 Ρ.Μ. Council Chambers, 307 West Second Street, Austin, Texas Memorandum To: Mayor Cooke called to order the meeting of the Council, noting that Mayor Pro Tem Shipman, Councilmembers Urdy and Barnstone were not yet in the Council Chamber, but would arrive shortly. MINUTES APPROVED The Council, on Councilmember Humphrey's motion, Councilmember Nofziger's second, approved minutes for the regular meeting of January 26, 1989 and special meetings of January 23 and 24, 1989. (4-0 Vote, Mayor Pro Tem Shipman, Councilmembers Barnstone and Urdy absent.) CITIZEN COMMUNICATIONS Mr. Akwasi Evans discussed Council's divestment ordinance. Ms. Anne Harpe discussed financing the new airport. Ms. Shelly Brisbin and Mr. Clifton Griffin talked about public access. Mr. James Allman discussed the upper Waller Creek Floodplain Study. Mr. John Henneberger discussed the problem of racial discrimination in mortgage lending. SPECIAL PROCLAMATIONS Mayor Cooke and Councilmember Urdy read, and presented a proclamation to the Austin Area Urban League, proclaiming February 2, 1989 as Austin Area Urban League Day. Mayor Cooke read a proclamation for the citizens of Adelaide, Australia who were in the Council Chamber to observe the AustinAdelaide Sister City alliance. Mayor Pro Tem Shipman presented keys to the City to them, as well as City of Austin lapel pins. ZONING ORDINANCES The Council, on Councilmember Humphrey's motion, Councilmember Nofziger'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 Barnstone and Urdy out of the room) Council Memo CITY OF AUSTIN By City of Austin Planning Department C14-73-253 2 Bounded on the north by Kramer Lane on the east by Running Bird Lane, on the south by Research Blvd. and on the west by F.M. 1325 (part) 2/2/89 From "SF-3" to "LI" First reading on February 7, 1974, (7-0). No conditions to be met. DAVENPORT LIMITED Land Strategies, Inc. Paul Linehan C814-88-0001 Loop 360 and Westlake Drive From "LA" "SF-2" and "I-RR" To "PUD" First reading on December 15, 1988, (5-0). Restrictive Covenants and Phasing Agreement incorporating conditions imposed by Council have been reviewed and will be executed by January 26, 1989. 2 ZONING POSTPONED Postponed to February 23, 1989 is consideration of second/third readings for the following: ELI J. GARZA By Oak Hill Properties, Inc. C14-88-0068 (part) South MoPac Expressway and Vest William Cannon Boulevard From Tr. 1 "DR" & SF-2" to "GR-CO" Tr. 2A "DR" & SF-2" to "GR-CO" Tr. 5 "DR" & SF-2" to "GR-CO" Tr. 6 "DR" & SF-2" to "MF-2-CO" Tr. 6A (CWQZ) "DR" & SF-2" to "RR" First reading on October 27, 1988, (6-0). Councilmember Charles Urdy absent. Conditions have been met as follows: Conditional overlay incorporates conditions imposed by Council. Restrictive covenant incorporating conditions imposed by Council has been executed. Council Memo CONSENT RESOLUTIONS - 3 OLD BUSINESS 2/2/89 The Council, on Councilmember Carl-Mitchell's motion, Councilmember Nofziger's second, adopted the following resolutions in one consent motion: (7-0 Vote) Davenport Ranch Authorized a resolution approving a preliminary plan for subdivision of Davenport Ranch. (C814-88-0001). Nature Preserve Authorized the purchase of 149.9783 acres of land (Tract A-2) and acceptance of a donation of 64.0232 acres of land (Tract A-1 for a Nature Preserve located adjacent to the Wild Basin Wilderness Preserve. CONSENT ORDINANCES The Council, on Councilmember Carl-Mitchell's motion, Mayor Cooke's second, waived the requirement for three readings and finally passed the following ordinances all in one consent motion: (7-0 Vote) Capital Budget Amendment Amended the Capital Budget by: a. Appropriating $338,000.00 in the 1987-88 Water and Wastewater CIP Transfer funds to the Dry Creek Lift Station and Force Main Project. C.I.P. No. 85/23-30 General Fund Operating Budget Amendments .. b. Amended the 1988-89 General Fund Operating Budget by: Disappropriating General Fund revenues of $551,049.00 Disappropriating General Fund expenditures of $540,722.00 c. Appropriating PARD-Softball Fund revenues of $608,025.00 d. Appropriating PARD-Softball Fund expenditures of $558,874.00 Softball Approved establishing new fees for softball participation. Speed Zones Amended the Austin City Code to modify the following speed zones: Council Memo 4 2/2/89 Consider amending the Austin City Code to modify the following Speed Zone: Section 11-2-100 (a) 35 mph Delete: East St. Elmo Road from East Service Road of IH-35 to Nuckols Crossing Road Section 11-2-100 (b) 40 mph Add: East St. Elmo Road from East Service Road of South IH-35 to Nuckols Crossing Road (Total Cost of Signs $240.00) CONSENT RESOLUTIONS The Council, on Councilmember Carl-Mitchell's motion, Councilmember Humphrey's second, adopted the following resolutions all in one consent motion: (7-0 Vote) Release of Easements b. Drainage and Public Utility Easements as recorded in Volume 10013, Page 732, Volume 10013, Page 727, Volume 10013, Page 742, Volume 10013, Page 750, Volume 10013, Page 746 land out of and part of the Alexander Walters, Survey No. 67 as recorded in Volume 10441, Page 773. (Request submitted by Carlson Engineering on behalf of Mera Bank) A portion of the drainage and public utility easement out of Lot 4, Blk. H., The Four Seasons, Summer Section, locally known as 11601 February Drive. License Agreement : Approved a License Agreement for installation and maintenance of underground petroleum pipeline across the City-owned railroad right-of-way at Milepost 54.49 (AU&NW) at an annual fee of $200.00. Program Evaluation Approved the Program Evaluation and Analysis work plan for 1989. Grant Application Authorized submission of a grant application in the amount of $120,266.00 to the State of Texas, Governor's Office, Criminal Justice Division to continue the Anti-Drug Abuse Task Force. ! Council Memo Anti-Drug Abuse 5 2/2/89 Authorzied an extension of the Anti-Drug Abuse Task Force Project period from December, 1988 through June, 1989. Funding for AIDS Service Authorized a contract between the City of Austin, Travis County, and AIDS services of Austin, Inc. to update the scope of work and increase the City of Austin's funding from $97,219.00 to $136,522.00 for Fiscal Year 1988-89. Interlocal Agreement Authorized approval of an interlocal agreement with Travis County for the coordinated provision of services to residents in Austin and Travis County with or affected by the HIV virus. Wastewater Improvements Authorized the City Manager to execute a revised agreement regarding the construciton of improvements to Travis County/Sunset Valley Wastewater Interceptor System by and between the City of Austin, Guaranty Federal Savings Bank, John D. Bryan and Land Concepts, Inc. Legal Services Approved entering into a contract with Bickerstaff, Heath and Smiley for legal services to the Electric Utility related to natural gas matters in an amount not to exceed $46,400.00. ITEM POSTPONED Postponed indefinitely is a resolution to release South 175 feet of a 10 foot wide public utility easement along common property line of Lot 5A and 5B of "Resubdivsion of Lot 5 in Houston Street Subdivision" Plat Book Book 36, Page 34, Plat Records, Travis County, Texas. ITEM CONTINUED Continued to March 7, 1989 at 5:00P.M. is discussion and action on University of Texas Brackenridge Tract Proposal for Development and Legislation related thereto. 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, decison or vote by the City Council will be taken on any subject or matter unless specifically listed on the : Council Memo agenda for this meeting. 6 1. Pending Litigation - 2/2/89 Section 2, Paragraph e (a) (b) - (c) City of Austin vs. Houston Lighting and Power Docket #8480 Petition Sharen Schranz, et al for relief from electric utility rates set by the City of Austin Potential litigation regarding Electricity Supply Agreement (d) Sierra Club vs. FAA #2388-1820 2. Personnel Matters - Section 2, Paragraph g (a) City Manager Search (b) Appointment of Municipal Court Clerk RECESS Council recessed from 3:00P.M. to 4:17 P.M. for executive session. STATUS REPORT John Chitwood presented the Austin Council of Recreation Center Advisory Boards Status Report. concerning this on February 9, 1988. ZONING POSTPONED There will be an agenda item Postponed indefinitely is a zoning hearing on case C14-88-0139, Doc Hollidays, located at 6210 U.S. Hwy. 290 ITEM POSTPONED Postponed to February 9, 1989 is consideration of revisions to the Valley View Contract. ACQUISITION OF REAL ESTATE FOR NEW AUSTIN AIRPORT The Council, on Mayor Pro Tem Shipman's motion, Councilmember Urdy's second, adopted a resolution concerning acquisition of real estate for the new Austin airport as follows: (5-2 Vote, Mayor Cooke and Councilmember Barnstone voted No.) WHEREAS, the City Council has determined to build the new Austin Airport at the voter mandated Manor East site; and WHEREAS, the $728 million in Airport Revenue Bonds have been authorized by Austin voters to develop the new airport; and WHEREAS, no property tax revenues shall be used in development or construction of the new Austin Airport; and i Council Memo 7 2/2/89 WHEREAS, Phase I of the Program Manager Contract involves the completion of the Airport Master Plan, land acquisition and a portion of the design for the project; and WHEREAS, Council requires financial feasibility for Phase I be demonstrated before land acquisition; and WHEREAS, land acquisition constitutes a significant portion of Phase I of the Program Manager Contract, and will require issuance of revenue bonds in addition to federal funding; and WHEREAS, the revenues for debt servicing of the revenue bonds will be generated from the airlines, concessionaires, and other rental users of Robert Mueller Municipal Airport; NOW, THEREFORE BE IT RESOLVED: That the City Council approves acquisition of real estate for the new Austin Airport upon review of airport lease agreements and demonstration of sufficient revenues from said charges to provide debt servicing of the revenue bonds for work to be completed in Phase I, in addition to anticipated annual expenses for operation of Robert Mueller Municipal Airport. Mayor Cooke had offered a friendly amendment, which Mayor Pro Tem Shipman did not accept. Mayor Cooke stated, "I would like to offer a friendly amendment and that would deal with 'now, therefore be it resolved' and it would be stated roughly this way, that the City Council of Austin approves acquisition of real estate for the new Austin Airport subject to the successful renegotiation of airline agreements (approximately 90 days) and which will demonstrate that sufficient revenues and surcharges to provide debt services and the revenues will be available. And I put here, approximately $75,000,000.00." AFFIRMATIVE ACTION COMPLIANCE Councilmember Urdy introduced an item to Council to discuss Affirmative Action Plan compliance, which they did. DISANNEXATION Council had before them for consideration an ordinance for disannexation, pursuant to the provisions of SB 962, of certain properties annexed for limited purposes. After discussion the following motion was made: Motion The Council, on Councilmember Carl-Mitchell's motion, Councilmember Nofziger's second, approved staff recommendation to group annexations for later action, and instructed the City Manager to instruct staff to prepare a report. (4-0 Vote Mayor Cooke, Councilmembers Urdy and Barnstone out of the room.) Council Memo ITEM POSTPONED 8 2/2/89 Postponed to February 7, 1989 is the status report on the Sumiken inquiry. ITEM APPROVED Approved at the January 31, 1989 Council meeting was a resolution approving assumptions for use in preparing the Five Year Financial Forecast. ADJOURNMENT Council adjourned its meeting at 6:20 Ρ.Μ.