FOUNDED 181 Austin City Council MINUTES February 09, 1995 – 1:00 Ρ.Κ. Mayor Todd called to order the meeting of the Council, noting the temporary absence of Mayor pro Tem Nofziger. MINUTES APPROVED 1. Approval of Minutes for Regular Meeting of February 2, 1995 and Special Meetings of February 1 and 2, 1995 Approved on Councilmember Garcia's motion, Councilmember Shea's second, 6-0 vote, Mayor Pro Tem Nofziger temporarily absent. CITIZEN COMMUNICATIONS: GENERAL 谜 Mr. Joe Shaughnessy, to inform the City Council concerning the AMD Tax Credit & Abatement Plan and its impact for the City of Austin. 2. 3. Mr. Jimmy A. Castro, to discuss Healthfest '95. 4. Mr. Henry Ratliff, to discuss "Prospects for '95". 5. Ms. Margie N. Simmons, to discuss concerns about the way traffic violations are given by unidentifiable motorists and legitimate complaints about the procedures of the Municipal Court. 6. Mr. Jeff Lavlor, to seek additional police services for Barton Springs Road Businesses and customers. :: 7. Mr. Gus Pena, to discuss juvenile crime increase, gang violence, need for juvenile detox center. 8. Mr. Roger Baker, to discuss matters arising. 9. Mr. Douglas A. Johnston, to discuss February 2nd meeting. Not Present: 10. Mr. Leonard Lyons, to discuss process and procedure of contract approval. ITEMS CONTINUED FROM PREVIOUS MEETINGS 11. Approve a construction contract award to CON-REAL, INC. (MBE), Grand Prairie, Texas, for remodeling of the Water and Wastewater Utility's South Industrial Drive Service Center, located at 3907 South Industrial Drive, in an amount not to exceed $1,394,260. (Funding was included in the 1994-95 approved Capital Budget of the Water and Wastewater Utility.) Low bid of two (2). 35.9% MBE, 2.83% WBE Subcontractor participation. (Recommended by Vater and Wastewater Commission) Approved on Councilmember Mitchell's motion, Councilmember Garcia's second, 7-0 vote. MINUTES 1 FEBRUARY 9, 1995 12. Approve an ordinance revising the City of Austin Financial Policies to authorize use of commercial paper by the Electric and Vater/Wastewater Utilities for routine capital improvements, and to authorize conversion to refunding bonds under certain terms and conditions. Postponed for 1 week ORDINANCES 13. Approve second/third readings of an ordinance amending Chapter 13-2 of the Austin City Code rezoning property locally known as Rialto Boulevard, Case No. C14-94-0113, from "CS", Commercial Services to "HP-2-CO", Multifamily Residence (medium density)-Conditional Overlay and RR (Rural Residential), P.N. PROPERTIES OPERATING CO. (Ernest I. Hovard), by Strasburger & Price, L.L.P. (David Armbrust). Pirst reading on November 17, 1994; Vote 4-1, Councilmember Goodman voting "NO", Councilmember Mitchell out of the roon, and Mayor Todd absent. Conditions net as follows: conditional overlay incorporates conditions imposed by Council. Postponed for 2 weeks on Councilmember Shea's motion, Councilsenber Reynolds' second, 7-0 vote. 14. Approve second/third readings of an ordinance amending Chapter 13-2 of the Austin City Code rezoning property locally known as Slaughter Creek Drive and Slaughter Lane, Case No. C14-94-0129, from "DR", Development Reserve and "SF-2", Single Family Residence (standard lot) to "CS-CO", Commercial Services-Conditional Overlay, DABNEY BROTHERS PARTNERSHIP (Scott Dabney), by Huffcut & Associates(James A. Huffcut). First reading on December 15, 1994; Vote 5-0, Mayor Pro Ten Nofziger and Councilmember Shea out of the room. Conditions met as followst conditional overlay incorporates conditions imposed by Council. i Ordinance No. 950209-A approved on Councilsenber Kitchell's motion, Councilmenber Garcia's second, 7-0 vote. 15. Approve second reading of an ordinance amending Chapter 13-2 of the Austin City Code rezoning property locally known as 4100-4898 South Mopac Expressway, Case No. C814-94-0001, from "I-RR", Interim Rural Residence to "PUD", Planned Unit Development, INEZ & TAYLOR GAINES (Jimmy Gaines), by Valter Vacker Development (Ron Reue). Pirst reading on October 20, 1994; Vote 6-0, Mayor Pro Ten Nofziger absent. Conditions: Applicant vishes to amend conditions imposed by Council at 1st reading in order to allov increase in impervious cover and staff vishes to clarify revised notes related to vatershed status of project. Delay an Executive Session on this ites until after public hearing on ites 49 on Councilnenber Mitchell's motion, Councilmember Goodman's second, 6-0 vote, Councilsenber Reynolds out of the room. Postponed for 1 veek シ 16. Approve first reading of an ordinance granting a franchise to American Communications Services of Austin, Inc. to provide telecommunications services. (Unanticipated revenue of $10,000 for 1994-95) (Recommended by Austin Telecommunications Infrastructure) Approved on Councilmember Mitchell's motion, Councilsenber Garcia's second, 6-0-1 vote, Kayor Pro Ten Nofziger abstaining. MINUTES 2 FEBRUARY 9, 1995 : 17. Amend Ordinance No. 940912-E, the 1994-95 Capital budget, to transfer $1,000,000 from the Refuse Collection Transfer Station North project to the Vehicle Facilities project. (Funding was included in the 1994-95 Capital budget of the Solid Waste Services Department.) (Related to Iten 18] Ordinance No. 950209-B approved RESOLUTIONS 18. Approve the selection of the architectural firm of COTERA, KOLAR & NEGRETE ARCHITECTS, (MBE), Austin, Texas, for negotiation and execution of a contract to provide architectural design and construction phase services for the Solid Waste Services Todd Lane Service Center, in the amount of $580,000. (Funding was included in the 1994-95 amended Capital budget of the Solid Waste Services Department.) Best qualification statement of fifteen (15). 102 MBE, 18% WBE, Subconsultant participation. (Related to Item 17) Approved 19. Approve execution of a construction contract with J.C. EVANS CONSTRUCTION COMPANY, INC., Austin, Texas, for construction of a landfill Subtitle D liner for the City of Austin FM 812 Landfill, in the amount of $829,348.30. (Funding was included in the 1994-95 Capital Büdget of Solid Waste Services.) Low bid of six (6)..12% MBE, OX VBE Subcontractor participation. Approved 20. Authorize the application for and acceptance of a grant in the amount of $86,000 from the State of Texas, Governor's Office, Criminal Justice Division, to fund two full-time equivalent (FTE) and two part-time family violence counselor positions in the Police Department's Emergency Outreach to Children in Violent Households Program. (A City match is not required in 1994-95. Funding for future year City matches is contingent upon availability in future budgets.) Approved 21. Authorize application for and acceptance of a grant in the amount of $40,000 from the State of Texas, Governor's Office, Criminal Justice Division, to continue funding one (1) full-time equivalent (FTE) in the Police Department's Victim Services Unit. (Funding vas included in the 1994-95 Special Revenue Fund of the Police Department. The 20% match requirement is available in the 1994-95 operating budget of the Police Department.) Approved Itens 17-21 approved on Councilmember Mitchell's notion, Councilmember Garcia's second, 7-0 vote. 22. Approve execution of a contract with MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC., Austin, Texas, for the purchase of two-way radio communication equipment for the Austin Police Department, in an amount not to exceed $127,137. (Funding is available in the 1994-95 operating budget of the Austin Police Department.) Sole Source. No M/WBE Subcontracting opportunities were identified. Approved on Councilmember Mitchell's motion, Councilmenber Garcia's second, 6-0-1 vote, Councilmenber Reynolds abstaining. : 23. Authorize negotiation and execution of agreement with Northwest Travis County MUD #1 and Jim Arnold to provide terms and conditions for pass-through wastewater service to the 73-acre Arnold Tract. [Cost of connection and construction of main extensions to be paid by customer. The Utility will receive annual wastewater revenue of approximately $26,000 for 63 residential homes (at full build-out), as well as $49,581 in wastewater Capital Recovery Fees.) (Recommended by the Water and Wastewater Commission) : Approved A 24. Approve the selection of OMNI ENVIRONMENTAL, INC., Austin, Texas, and JIMMIE ANN BOLTON (WBE), Austin, Texas, for negotiation and execution of a contract to provide laboratory analysis services for asbestos bulk sample analysis in support of the asbestos consultant rotation contract, in the amount of $320,000 (approximately $160,000 per firm). (Funding was included in the 1994-95 Capital budget of the Public Works and Transportation Department.) Best qualification statements of three (3). OMNI ENVIRONMENTAL, INC.: No M/WBE Subconsultant opportunities were identified. JIMMIE ANN BOLTON (WBE): OX MBE, 5% WBE Subconsultant participation. Approved Town Lake Animal Center (Items 25-26) : 7 25. Approve the adoption of an official Declaration of Intent to Reimburse architecture services and renovation costs of the Town Lake Animal Center. (Funding in the amount of $1,400,000 was included in the 1994-95 Capital budget of the Health and Human Services Department, to be funded through the issuance of Certificates of Obligation to be sold in September, 1995.) Approved : : 26. Approve the selection of SHEFELMAN & NIX ARCHITECTS, Austin, Texas, for * negotiation and execution of a contract to provide architectural design and construction phase services for the Town Lake Animal Center, in the amount of $180,000. (Funding was included in the 1994-95 Capital budget of the Health and Human Services Department.) Best qualification statement of six (6). 24% MBE, 12% WBE Subconsultant participation. Approved 27. Approve execution of a twelve (12) month supply agreement with DEUTCHMAN PLUMBING, Austin, Texas, for the purchase of forty-five hundred (4500) ultra-low flow toilets, which will be distributed to qualifying City of Austin water customers, for the Ultra-Low Flow Toilet Outreach Program, in the amount of $266,055 with the option to extend for an additional two (2) six (6) month periods in the amount of $133,028 for each extension period, for a total amount not to exceed $532,111. [Funding in the amount of $177,370 was included in the 1994-95 Rebate and Incentive Fund of the Environmental and Conservation Services Department. Funding for the remaining four (4) months of the initial period and extension options is contingent upon available funding in future budgets.) Lov bid of three (3). No M/WBE Subcontracting opportunities were identified. (Recommended by Resource Management Commission) Approved MINUTES - FEBRUARY 9, 1995 ت = Austin-Bergstrom International Airport (Itens 28-29) 28. Declare buildings, furnishings, equipment, utility components and other facilities at the former Bergstrom Air Force Base to be surplus property and authorize disposal of the property in the most advantageous manner, maximizing reuse/recycle potential. (Auction or sale proceeds were not included in the 1994-95 budget.) (Revieved by the Airport Advisory Board) Approved Itens 23-28 approved on Councilmember Mitchell's notion, Councilmember Garcia's eecond, 7-0 vote. 29. Approve the selection of LOCKWOOD ANDREWS AND NEWMAN, INC., Houston, Texas, and authorize negotiations and execution of a professional services agreement for roadway and parking signage design services for the Roadway and Signage Master Plan for the Austin-Bergstrom International Airport, in an amount not to exceed $223,000. (Funding vas included in the 1993-94 Capital Budget for Aviation.) Best qualification statement of seven (7). 30% DBE Subconsultant participation: 25% MBE, 5% VBE. Motion to approve Osgood and Associates on Councilmember Mitchell's motion, Councilmember Garcia's second, second withdrawn. Motion to approve Lockvood, Andrews and Newman, Inc. by Mayor Todd, died for lack of second. Approved Osgood and Associates on Councilsember Mitchell's motion, Councilmenber Goodman's second, 5-1 vote, Mayor Todd voting "NO", Councilmember Shea out of the coon. 30. Authorize negotiation and execution of an Interlocal Agreement with WILLIAMSON COUNTY to participate in improvements to U.S. 183 at RM 620, RM 620 at Ridgeline, RM 620 at Pecan Park, and RM 620 at Lake Creek Parkway, in an amount not to exceed $240,140. (Funding was included in the 1994-95 Capital budget of the Public Works and Transportation Department, U.S. 183 Improvements.) Approved on Councilmember Mitchell's motion, Councilmember Garcia's second, 7-0 vote. 31. Approve negotiation and execution of a twenty (20) year lease of the City owned parking lot located at 1625 South IH-35 to GTECH Corporation. (First and second year revenue to the City will be $9,670 per year with adjustments every 2 years thereafter based on appraised value.) Postponed for 2 veeks 32. Approve a construction contract award to BURRIS CONSTRUCTION, INC., Georgetown, Texas, for the Transportation System Management project on Rutland Drive at Parkfield Drive, and Rutland Drive at North Lamar Blvd., in the amount of $913,398. (Funding in the amount of $541,542 was included in the 1994-95 Capital budget of the Public Works and Transportation Department: $350,406 was included in the 1993-94 Capital budget of the Public Works and Transportation Department; $9,900 was included in the 1991-92 Capital budget of the Vater and Wastewater Utility; $11,550 was included in the 1992-93 Capital budget of the Vater and Wastewater Utility.) Low bid of three (3). 25.1% MBE, 7.7% WBE Subcontractor participation. cion. (Recommended by the Water and Wastewater Commission) Approved 33. Approve Change Order #2 to AUSTIN FILTER SYSTEMS, INC., Austin, Texas, for the excavation and removal of additional material, additional embankment (fill), and the placement of three-inch to five-inch rock, as part of the Erosion Control Group 4 Project for the Hillside Apartments located on Dawson Road, in the amount of $37,400, for a total amount of $369,708.50 (Funding was included in the 1994-95 Capital budget of the Drainage Utility.) OX MBE, 5.66% WBE Subcontractor participation. (Recommended by the Environmental Board) i. Approved 34. Approve a construction contract award to KEYSTONE CONSTRUCTION, INC., Austin, Texas, for construction of modifications to conduct full scale testing of nutrients at the South Austin Regional Wastewater Treatment Plant, in the amount of $2,559,000. (Funding in the amount of $2,259,000 was included in the 1994-95 Approved Capital budget of the Water and Wastewater Utility; $300,000 was included in the 1991-92 Approved Capital budget of the Water and Wastewater Utility.) Lov bid of three (3). 12.11% MBE, 0.60% WBE Subcontractor participation. (Recommended by the Water and Wastewater Commission) Approved 35. Approve execution of a twelve (12) month supply agreement with CAPITOL AGGREGATES, INC., Austin, Texas, for the purchase of hot mix asphaltic concrete for various street preventive maintenance activities by the Street and Bridge Division, in an amount not to exceed $533,150 with the option to extend for two (2) additional twelve (12) month periods in an amount not to exceed $533,150 for each option period, for a total amount not to exceed $1,599,450. (Funding in the amount of $311,004.17 is available in the 1994-95 operating budget of the Transportation Fund. Funding in the amount of $222,145.83 for the final five (5) months and the extension options will be contingent upon available funding in future budgets.] Low bid of two (2). No M/WBB Subcontracting opportunities were identified. Approved 36. Approve execution of a twelve (12) month supply agreement with ALAMO CONCRETE PRODUCTS, LTD., Austin, Texas, for the purchase of ready mix concrete and mortar mix materials for street maintenance and construction activities by the Street and Bridge Division, in an amount not to exceed $299,300 with the option to extend for two (2) additional twelve (12) month periods in an amount not to exceed $299,300 for each option period, for a total amount not to exceed $897,900. (Funding in the amount $174,591.67 is available in the 1994-95 operating budget of the Transportation Fund. Funding in the amount of $124,708.33 for the final five (5) months and the extension options will be contingent upon available funding in future budgets.) Low bid of four (4). No M/WBE Subcontracting opportunities were identified. Approved MINUTES 1 6 FEBRUARY 9, 1995 37. Approve the filing of eminent domain proceedings to acquire fee simple interest to a parcel of land containing 1,860 square feet of land out of The George W. Spear Survey No. 7 situated in Travis County, Texas, owned by Henrietta F. Joseph, Individually and as Independent Executrix of the Estate of Louis A. Joseph, Deceased for the Transportation Systems Management (TSM) North Loop at Burnet Road Project. (Appraised value is $27,739) Approved 38. Approve negotiation and execution of a two phase contract with PRICE WATERHOUSE LLP, Sacramento, California, to conduct an assessment of the Electric Utility Department, in an estimated amount not to exceed $173,021 and at an appropriate time negotiate a scope of work for a management audit, in an estimated amount not to exceed $493,016, for a total estimated amount not to exceed $666,037. (Funding is available in the 1994-95 operating budget of the Electric Utility Department. Best proposal of five (5). 10% MBE, 5% WBE Subcontractor participation. Approved 39. Approve co-sponsorship of the Austin Juneteenth Freedom Festival and Parade. (Councilmembers Eric Mitchell, Gus Garcia, and Ronney Reynolds) Approved Items 32-39 approved on Councilmember Mitchell's motion, Councilmember Garcia's second, 7-0 vote. 40. Approve a resolution opposing a nuclear waste dump in Sierra Blanca, Hudspeth County, Texas. (Councilmember Gus Garcia, Mayor Pro Tem Michael "Max" Nofziger, and Councilmember Brigid Shea) i Approved on Councilmember Mitchell's motion, Councilmember Garcia's second, 6-0-1 vote, Councilmember Reynolds abstaining. 41. Approve a resolution directing the City Manager to conduct a public education campaign on the Earned Income Credit. (Councilmember Jackie Goodman) :: Approved with amendment on Councilmember Goodman's motion, Mayor Pro Tem Nofziger's second, 6-1 vote, Councilmember Reynolds voting "NO". 42. Amend the Campaign Finance Ordinance to allow expenditure of funds for cellular phone expenses related to business use. (Mayor Bruce Todd and Councilmember Brigid Shea) Approved 1st reading only 43. Support a joint resolution with the City of Round Rock to refrain from offering tax incentives to companies moving from one city to the other and to cooperate on regional issues. (Mayor Bruce Todd) Approved 44. Approve a resolution designating the Rosewood Entertainment Center as a Council priority project re-affirming the City Council's commitment to the community. (Councilmembers Eric Mitchell and Jackie Goodman) Approved MINUTES 7 FEBRUARY 9, 1995 Items 42-44 approved on Councilmember Mitchell's motion, Councilmember Garcia's second, 7-0 vote. 4:00 Ρ.Μ. - ZONING BEARINGS AND APPROVAL OF ORDINANCES : 45. C14H-94-0019 - STEUSSEY-SKINNER HOUSE (Edward G. Blaine & Jeffery T. Blatt), by Crocker Consulting (Sara Crocker), 510 West 17th Street. From GO to GO-H. Planning Commission Recommendation: To Grant GO-H, General Office-Historic, based on designation criteria items (1), (6), (8), (9), and (11). Approved Planning Commission Recommendation on 1st reading only - : 46. C14-94-0132 HUNT PROPERTIES, INC. (Dave Berndt), by Bury & Pittman (Greg Strmiska), Lakeline Boulevard and N. U.S. Hwy. 183. From CH to GR. Planning Commission Recommendation: To Grant GR-CO, Community Commercial-Conditional Overlay, zoning subject to compliance with the Transportation Impact Analysis (T.I.A.) requirements. Approved Planning Commission recommendation with amendment for signal light to not be required at the intersection of Lakeline Blvd. and Parkline Drive on 1st reading only : 47. C14-94-0134 - HUNT PROPERTIES, INC. (Dave Berndt), by Bury & Pittman (Greg Strmiska), Lakeline Drive and N. U.S. Hwy. 183. From CH, LR, GO, GR & IP to GR. Planning Commission Recommendation: To Grant GR-CO, Community Commercial-Conditional Overlay, zoning subject to compliance with the Transportation Impact Analysis (T.I.A.) requirements. Approved Planning Commission recommendation with amendment for signal light to not be required at the intersection of Lakeline Blvd. and Parkline Drive on 1st reading only Items 45-47 approved on 1st reading only on Councilmember Garcia's motion, Councilmember Reynolds' second, 6-0 vote, Councilmember Mitchell out of the room. 48. C14r-85-144.01 - TEXAS COMMERCE BANK (John Kesner), by Minter, Joseph & Thornhill (Kenneth Brown), 9906 Capital of Texas Highway. Planning Commission Recommendation: To Approve the request to remove tract of land from the restrictive covenant. ; Approved Planning Commission recommendation on Councilmember Reynolds' motion, Mayor Pro Ten Nofziger's second, 6-0 vote, Councilmember Garcia out of the room. PUBLIC HEARING AND APPROVAL OF ORDINANCES/RESOLUTIONS 49. 5:30 Ρ.Μ. - Public hearing on the Rosewood Entertainment Center. + Close public hearing on Councilmember Garcia's motion, Councilmember Goodman's second, 5-0 vote, Mayor Todd and Councilmember Reynolds absent. MINUTES 8 FEBRUARY 9, 1995 50. 6:30 Ρ.Μ. Public hearing and adoption of the Austin Metropolitan Area Transportation Plan (AMATP). (Reviewed by Planning Commission, Urban Transportation Commission, Environmental Board, Parks and Recreation Board, Downtown Commission and Design Commission) Postponed until February 23, 1995 at 5:30 p.m. EXECUTIVE SESSION (No Public Discussion on These Items) Executive Session was held on the morning of this date. The City Council will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel, to discuss matters of land acquisition, litigation and personnel matters as specifically listed on the meeting agenda. Council would take any subsequent action in the open meeting as listed on the agenda. The City Council may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other item on this agenda. Pending/Contemplated Litigation - Section 551.071 : 51. Discussion of potential settlement of litigation, Cause No. 94-360 Maconda Park Joint Venture v. City of Austin. Real Estate - Section 551.072 52. Discuss possible real estate transactions related to Brackenridge Hospital. Real Estate Acquisition - Section 551.072 53. Discuss fee simple acquisition of real property to complete the Mt. Bonnell Road improvements and Huck Slough Bridge. ACTION ON THE FOLLOWING { 54. Authorize fee simple acquisition of real property located at 3400 Mt Bonnell Road for Right of Way necessary to complete the Mt. Bonnell Road improvements and Huck Slough Bridge in the amount of $115,000.00 Approved 55. APPOINTMENTS AIRPORT ADVISORY BOARD - Rudy Montoya, Dan Atkins CONSTRUCTION ADVISORY COMMITTEE - LIBRARY COMMISSION - Mary Ashford Conrad Masters MAYOR'S COMMITTEE FOR PEOPLE WITH DISABILITIES Delvento, Jean Genevie, Ron Lucey, Chip Hove MINUTES 9 - Mike Brockway, Ona FEBRUARY 9, 1995 MECHANICAL, SOLAR & PLUMBING BOARD SOLICITATION BOARD - Ramiro Perez URBAN TRANSPORTATION COMMISSION Approved - - Richard Follver Dana Lockler Items 54-55 approved on Councilmember Mitchell's motion, Councilmember Garcia's second, 7-0 vote. ADDENDUM ACTION ON THE FOLLOWING (continued) 56. Approve a resolution authorizing the City Manager to execute a Letter of Intent with the Daughters of Charity Health Services of Austin, dba Seton Medical Center, for the lease of Brackenridge Hospital. Approved on Councilmember Reynolds' motion, Councilmember Garcia's second, 5-2 vote, Councilmember Goodman and Mitchell voting "NO". ::: ADJOURN at 9:30 p.m. on Councilmember Shea's motion, Councilmember Goodman': second, 5-0 vote, Mayor Todd and Councilmember Reynolds absent. i :: i February Approved this the 16th day of ,1995, on Councilmember Garcia's motion, Councilmember Mitchell's second, 5-0 vote, Councilmember Shea out of the room, Mayor Pro Ten Nofziger absent. MINUTES 10 FEBRUARY 9, 1995