Austin City Council MINUTES For February 16, 1989 1:00 P.Μ. Council Chambers, 307 West Second Street, Austin, Texas Memorandum To: Mayor Cooke called to order the meeting of the Council, noting the presence of all Councilmembers. CITIZEN.COMMUNICATIONS Mr. John Timmons discussed Little Shoal Creek restoration project. Mr. Charles R. Jones talked about adult arcades Mrs. Jan McNabb discussed public access television. Mr. Paul Stephens was not present. Mr. Paul Robbins presented some views on the South Texas Nuclear Project. Mr. James R. Carpenter discussed an open letter to City Council regarding City government and airport issues. Mr. Rick Krinboiak talked about moving Austin's airport facilities. AUSTIN CABLE COMMISSION REPORT Paul Leche reported on plans for long-term access planning. ANNEXATION Councilmember Carl-Mitchell, made a motion, seconded by Councilmember Humphrey to waive the requirement for three readings and finally pass an ordinance annexing the following: (Motion passed by a 6-0 Vote, with Councilmember Barnstone out of the room.). (1) Full purpose annexation of 22.43 acres of the Hermosa Office Park P.U.D. ZONING ORDINANCES The Council, on Councilmember Carl-Mitchell'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: (6-0 Vote, Councilmember Barnstone out of the room.) (1) MINNESOTA MINING & MFG. 10710 R.M 2222 COMPANY, CITY OF AUSTIN ELECTRIC UTILITY By Gilbert W. Smith C14-86-225 Riverplace Blvd. From "R&D-PDA" Το "P" First reading on January 7, 1987, (7-0). No conditions to be met. Council Memo 2 2/16/89 (2) BETTY J. OLIVER TRUSTEE C14-85-288.138 8700-8710 Old Bee Caves Road From "I-RR" To "LR" Conditions First reading on June 18, 1986, (7-0). have been met as follows: Restrictive Covenant incorporating conditions imposed by Council has been executed. ITEMS POSTPONED AND CONTINUED AND PULLED OFF Postponed indefinitely is second/third readings of a zoning ordinance for Hurd Development Company, C14-84-434. Continued to February 23, 1989 at 6 P.M. is consideration of authorization to negotiate a contract in the amount of $984,000.00 for implementation of the 14th year Community Development Block Grant (CDBG) for the acquisition/rehabilitation program. Continued to February 23, 1989 at 6:30 P.M. is consideration of authorization to negotiate a contract in the amount of $236,010.00 of the 14th year Community Development Block Grant (CDBG) for the management and technical assistance for the Business Development Program. -- Postponed indefinitely to set a hearing is consideration of amending the Capital Recovery Fee Ordinance No. 880630-B and the Interim Land Development Code to clarify exception, exemption and refund provisions and to correct numbering. Postponed to March 9, 1989 is consideration of establishing fees for permits and licenses authorized by local amendments to the Uniform Fire Code, 1988 edition. ... Postponed to March 9, 1989 is consideration of establishing fees for relocation and demolition permits authorized by local amendments to the Uniform Building Code, 1988 edition. Pulled from the agenda is consideration of authorization and approval of contract award with CRESAP, A TOWERS PERRIN COMPANY to complete Phases 2 and 3 of the original contract, of the independent audit of electric billing issues in an amount not to exceed $196,000.00 ว こ Council Memo CONSENT ORDINANCES 3 2/16/89 The Council, on Councilmember Carl-Mitchell's motion, Councilmember Humphrey's second, voted 7-0 to waive the requirement for three readings and finally pass the following ordinances: Stormsewers and Waterways Amended Chapter 4-3, Article V of the Austin City Code (Discharges to Stormsewers and Waterways) Fees Established fees for services of the Department of Environmental Protection. Meetings Cancelled Approved cancelling all regular scheduled Council meetings for the weeks of February 27-March 3 and March 20-March 24, 1989. CONSENT RESOLUTIONS The Council, on Councilmember Carl-Mitchell's motion, Councilmember Nofziger's second, adopted the following resolutions all in one consent motion: (7-0 Vote) Capital Improvements Program Authorized the filing of eminent domain proceedings to acquire the following: a. b. c. d. 598 square feet of land for a wastewater easement out of Lot 3, Block F, Southampton Section 3-A, Travis County, Texas, owned by David C. Perez and wife, Tracy Williams Perez for the Kincheonville Vastevater Improvements. C.I.P. No. 86/23-31 45,000 square feet of land for a temporary construction easement out of the Jesse Grimes Survey No. 25, Williamson County, Texas, owned by Milburn Investments, Inc. for the Anderson Mill Transmission Main. C.I.P. No. 85/22-30 17,947 square feet of land for a waterline easement and 23,914 square feet of land for a temporary construction easement out of the Rachel Saul Survey, Abstract No. 551, Williamson County, Texas, owned by Milburn Investments, Inc., for the Anderson Mill Transmission Main. C.I.P. No. 85/22-30 10,323 square feet of land for a waterline easement and 11,238 square feet of land for a temporary construction easement out of the William Frampton Survey No. 212, Williamson County, owned by MBank Austin, N.A., for the Anderson Mill Transmission Main. C.I.P. 85/22-30 Council Memo e. 2/10/89 8,102 square feet of land for a waterline easement and 12,197 square feet of land for a temporary construction easement out of the Jesse Grimes Survey No. 25, Williamson County, Texas, owned by Milburn Investments, Inc., for the Anderson Mill Transmission Main. C.I.P. No. 85/22-30 Release of Easement Authorized release of the following easement: a. The Public Utility Easement on the common lot line of Lots 7 and 8, Thoroughbred Estates, Phase 3, locally 'known as 11600 Moore Road. (Request submitted by Charles Villasenor) Contracts Approved Approved the following contracts: L. CASTANEDA CONSTRUCTION, INC. dba Lomas Construction 8902 Chester Forest Dr. Austin, Texas HOLLISTER, INC. P. O. Box 250 Libertyville, Illinois MERRY X-RAY 11809 Starcrest San Antonio, Texas Bid avard: (1) YOUNGBLOOD GENERAL TIRE 506 North Lamar Boulevard Austin, Texas (2) PURCELL TIRE COMPANY 15325 North IH-35 Austin, Texas (3) WALKER TIRE COMPANY 6926 North Lamar Boulevard Austin, Texas. CAPITAL IMPROVEMENTS PROGRAM Tillery Street Bridge Improvements at Boggy Creek, Transportation and Public Services Department Total $109,876.70 C.I.P. No. 79/60-09 Ostomy Products, Brackenridge Hospital Twelve (12) Month Supply Agreement Total $33,108.84 BS8-286 X-Ray Film Cassettes and Screens, Brackenridge Hospital Twelve (12) Month Supply Agreement Total $268,047.57 BS8-342 Tires and Tubes, General Services Department Twelve (12) Month Supply Agreement Total $450,185.00 89-0047-RD Items 1,3,4,5,6,7,8,9,15 - $349,126.00 Item 11 $29,058.00 Items 2,10,12,13,14 $72,001.00 - Bid award: Annual Electrical Supplies, General Services Department Twelve (12) Month Supply Agreement Total $63,482.00 89-0010-LI Items 41-52, 54, 56-58, 64, 66 and (1) GRAYBAR ELECTRIC COMPANY 7434 N. Lamar Boulevard Austin, Texas (2) GENERAL ELECTRIC SUPPLY CO. 3101 Longhorn Blvd. #116 Austin, Texas Landscape Liability and Maintenance - - 85 - $34,443.00 Items 39, 40, 61, 62, 65, 68 $29,399.00 - Authorized execution of an agreement for Landscape Liability and Maintenance of public right-of-way in Pecan Park Subdivision by WSLA Development Corporation, an Arizona Corporation, Williamson County and the City of Austin.. Loan of Gas Compressors Authorized to loan the State of Texas General Land Office two natural gas compressors and related equipment. ΑΡΡΟΙΝΤMENTS Council appointed Sherwin Sanders and Janice Drake as members of the Private Industry Council, on Councilmember Nofziger's motion, Councilmember Humphrey's second, 7-0 Vote. DOBBS HOUSE, INC. The Council, on Councilmember Barnstone's motion, Councilmember Humphrey's second, deferred action on consideration of approval of an amendment to the Dobbs House, Inc. Agreement providing for increased rental rate to be paid to the City, renovation of existing facilities, construction of new facilities, MBE/WBE participation, and extension of the term of agreement, until the worksession on March 7, 1989. (4-3 Vote, Mayor Pro Tem Shipman, Councilmembers Carl-Mitchell and Nofziger voted No.) APPEAL SET The Council, on Councilmember Carl-Mitchell's motion, Councilmember Urdy's second, set a public hearing on an appeal of the decision of the Building Standards Commission on 3809 and 3811 Speedway, at the request of Mr. James Allman of the Hyde Park Neighborhood Association, for March 9, 1989 at 5:00 P.M. (5-0 Vote, Councilmembers Barnstone and Nofziger out of the room) ZONING ORDINANCE The Council, on Councilmember Humphrey's motion, Councilmember Carl-Mitchell's second, passed through second/third readings Council Memo 6 2/16/89 of an ordinance amending Chapter 13-2 of the Austin City Code (Zoning Ordinance) to cover the following changes: (5-0 Vote, Councilmember Nofziger abstained, Councilmember Barnstone out of the room) AUSTIN COMMUNITY COLLEGE 5712 East Riverside From Trs. 1,11,12 By William H. Bingham C14-85-326 Drive "SF-3" to "GO-MU" 1A, 2A, 7A, Trs. 8A, 10A, 11A, and 12A "SF-3" to "RR" Tr. 2 "SF-3" to "LO-MU" コ Trs. 4 & 7 "SF-3" to "SF-6" Trs. 5, 9, 10 "SF-3" to "MF-3" Tr. 6 "SF-3" to "LR" Tr. 8 "SF-3" to "MF-2" Tr. 13 "SF-3" to "p" Conditions First reading on March 26, 1987, (6-0). have been met as follows: Restrictive Covenant incorporating conditions imposed by Council has been executed. PUBLIC HEARING - CARRIAGE STABLE USE Mayor Cooke opened the public hearing set for 5:00 P.M. on amending Chapter 13-2 of the Interim Land Development Code to create a new use entitled CARRIAGE STABLE. Speaker's cards are on file in the City Clerk's office. Motion : The Council, on Councilmember Carl-Mitchell's motion, Mayor Pro Tem Shipman's second, closed the public hearing and waived the requirement for three readings and finally passed an ordinance amending Chapter 13-2 of the Interim Land Development Code to create a new Use entitled CARRIAGE STABLE as recommended by the Planning Commission. (7-0 Vote) PUBLIC HEARINGS LAND DEVELOPMENT CODE AND PROCEDURES Mayor Cooke opened the public hearings set for 6:00 P.M. on amendments to the Austin City Code of 1981 relating to adoption of the 1988 editions of various technical codes. Council Memo Speaker's cards are on 7 2/16/89 file in the City Clerk's office. Motion The Council, on Councilmember Carl-Mitchell's motion, Mayor Pro Tem Shipman's second, closed the public hearings and passed through FIRST READING ONLY of ordinances amending the following: (5-0 Vote, Councilmembers Urdy and Barnstone out of the room) a. b. Amendments to Title XIII (Land Development Code) of the Austin City Code of 1981 relating to the adoption of the 1988 editions (together with respective local amendments) of the Uniform Building Code, Uniform Fire Code, Uniform Mechanical Code, Uniform Plumbing Code, Uniform Housing Code, and the Uniform Code for the Abatement of Dangerous Buildings; the 1986 Uniform Code for Solar Energy Installations; revisions to the Energy Code; and revisions to the adopted local amendments to the 1987 National Electric Code. Bring back for second/third readings March 9, 1989. Defer for 90 days the Plumbing, Mechanical and Solar Codes. Amendments to Chapter 13-1 (Land Development Procedures) of the Austin City Code of 1981 relating to adoption of the 1988 editions of the various technical codes, local amendments to such technical codes, and an amnesty for building uses in existence on March 1, 1986. Bring back for second/third readings March 9, 1989. SOUTH FIRST STREET BRIDGE The Council, on Mayor Pro Tem Shipman's motion, Councilmember Carl-Mitchell's second, adopted a resolution to approve an agreement with the State Department of Highways and Public Transportation to provide for improvements to the South First Street Bridge, as recommended by the Parks Board, at a total cost to the City of $145,878.04; this is Option 23; with a friendly amendment from Councilmember Barnstone to spend money on improvements on the bridge but turn back the design to concentrate on the railing, lighting and other features to benefit the community. (6-0 Vote, Councilmember Urdy out of the room.) Clarification of the motion was requested as to whether it included the arches as well as the aesthetic treatment of the guard rail and lighting. Councilmember Barnstone said, "The amendment is that money is to be spent on the bridge, but not on the false arches and what we need to do is come back with a design that is acceptable to the Council and that includes a new treatment on the guard rail." Mayor Cooke said, "the way some of us voted we did not think the arches were still in there." Council Memo 8 2/16/89 Council discussed and decided to reconsider the motion. Motion to Reconsider The Council, on Councilmember Carl-Mitchell's motion, Councilmember Nofziger's second, voted to reconsider the motion. (6-0 Vote, Councilmember Urdy out of the room) Motion The Council, on Mayor Pro Tem Shipman's motion, Councilmember Carl-Mitchell's second, adopted a resolution to approve an agreement with the State Department of Highways and Public Transportation to provide for improvements to the South First Street Bridge at a total cost to the City of $145,878.04 for Option 2, as recommended by the Parks Board. (4-2 Vote, Mayor Cooke and Councilmember Barnstone voted No, Councilmember Urdy out of the room.) CONTRACT APPROVED The Council, on Councilmember Barnstone's motion, Councilmember Carl-Mitchell's second adopted a resolution approving the following contract: (6-0 Vote, Councilmember Urdy out of the room) THE ARGEE CORPORATION 7979 East Tufts Avenue Parkway, Suite 810 Denver, Colorado - CAPITAL IMPROVEMENTS PROGRAM Albert H. Ullrich Water Treatment Plant Expansion, Phase II, Transportation and Public Services Department Total $16,824,000.00 C.I.P. No. 85/22-55 : STEINER RANCH The Council, on Councilmember Barnstone's motion, Councilmember Nofziger's second, adopted a resolution approving termination of the traffic phasing agreement for Steiner Ranch. (4-1-1-0 Vote) Mayor Pro Tem Shipman voted No, Councilmember Humphrey abstained, Councilmember Urdy was out of the room.) PUBLIC ACCESS FUNDING The Council, on Mayor Pro Tem Shipman's motion, Councilmember Humphrey's second, adopted a resolution supporting Public Access funding from Austin CableVision. (7-0 Vote) CITY MANAGER REPORTS Elaine Hart reported on Status Report on the City's Divestment Ordinance. Council Memo 9 2/16/89 Jan Crow presented the Status Report on Mortgage Lending. Joe Canales gave the Affirmative Action Update. Dr. Murphy reported on Central Texas Medical Foundation Contract. 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. - Personnel Matters Section 2, Paragraph g (b) Appointment of Municipal Court Clerk RECESS & ADJOURNMENT Council recessed its meeting at 8:00 and adjourned its recessed meeting at 8:03 P.M.