TY OF 日 AUSTIN FOUNDED 1939 Austin City Council MINUTES Mayor Todd called the meeting to order. JUNE 1, 1995 1:00 Ρ.Μ. 1. Approval of Minutes for Regular Meeting of May 25, 1995 and May 25, 1995 (Executive Session10:00 A.M.) and May 24, 1995 (Worksession) Approved on Councilmember Goodman's motion, Councilmember Garcia's second, 7-0 vote. CITIZEN COMMUNICATIONS: GENERAL 2. Mr. Samuel Joseph Kipple, to discuss making UCSO profitable. Not present 3. 4. 5. 6. Not present 7. 8. Mr. Gus Pena, to discuss East Austin community issues, youth issues, and gang issues. Mr. Jimmy A. Castro, to discuss 1995 Children's Miracle Network Telethon, June 3rd and 4th. Mr. Richard R. Troxell, to encourage the City Council to create comprehensive drug and alcohol, detoxification/treatment; job training and job placement program for single homeless adults. Mr. Larry Malone, to discuss opportunities for youth in North Austin. Mrs. Charlene Shillman, to announce the 4th Annual Summer Art Exhibit at 823 Congress, Suite 100, where Judy Chicago had her show. Great art, great sponsors and food for you!!! Mr. Jon Mergele, to discuss inclusion of the North Loop Branch Library Design money in the CIP Budget. 9. Ms. Joni Hughes, to discuss a dream preferred. Mr. Leonard Lyons, to discuss the basic reason for community: essential services. 10. 1:30 P.M. - REVENUE REFUNDING BONDS 11. Approve an ordinance authorizing the issuance of up to $151,770,000 in City of Austin, Texas Combined Utility Systems Revenue Refunding Bonds, Series 1995, including approval and authorization of a Special Escrow Agreement, Paying Agent/Registrar Agreement, and Official Statement pertaining thereto. (Funding in the amount of $8,735,866 estimated debt service requirement for 1995-96 will be provided in the 1995-96 proposed budget of the Utility Revenue Bond Redemption Fund.) Ordinance No. 950601-A approved on Councilmember Reynolds' motion, Councilmember Garcia's second, 7-0 vote. ORDINANCES 12. 13. 14. Approve third reading of an Ordinance authorizing the sale of the Yellow Checker Cab Company, Inc. (dba Yellow Cab Company) taxicab franchise to Greater Austin Transportation Company (dba American Cab Company) and amending the Greater Austin Transportation Company (dba American Cab Company) taxicab franchise. (No fiscal impact.) (Recommended by Urban Transportation Commission) Ordinance No. 950601-B approved Approve third reading of an ordinance amending Chapter 13-2 of the Austin City Code rezoning property locally known as Manchaca Road and Davis Lane, Case No. C14-93-0148, from "DR", Development Reserve to "SF-2-CO", Single Family Residence (standard lot)-Conditional Overlay and "LR-CO", Neighborhood Commercial-Conditional Overlay, JNMD (Jeanette Carroll), by Mathias Co. (Mike McBride). First reading on February 3, 1994; Vote 6-0, Councilmember Urdy absent. Second reading on November 17, 1994; Vote 6-0, Mayor Todd out of the room. Conditions met as follows: conditional overlay incorporates conditions imposed by Council. Ordinance No. 950601-C approved Items 12-13 approved on Councilmember Garcia's motion, Mayor Pro Tem Nofziger's second, 6-0 vote, Councilmember Garcia off the dais Approve second/third readings of an ordinance amending Chapter 13-2 of the Austin City Code rezoning property locally known as 4807 South Congress Avenue, Case No. C14-95-0010, from "SF-3", Family Residence to "NO", Neighborhood Office, MARY RODDIE CRAFT, by Alen H. Kaplan. First reading on May 11, 1995; Vote 6-1, Mayor Todd voting "No". Conditions met as follows: there are no conditions to be met. Ordinance No. 950601-D approved on Councilmember Garcia's motion, Mayor Pro Tem Nofziger's second, 5-1 vote, Mayor Todd voting "NO", Councilmember Garcia off the dais 15. Approve second/third readings of an ordinance amending Chapter 13-2 of the Austin City Code rezoning property locally known as 1204 Nueces, Case No. C14-94-0148, from "GO", General Office to "LR-CO", Neighborhood Commercial-Conditional Overlay, ELIZABETH HOLLAND GREENE, TRUST, by Law Office of Travis R. Phillips (T. Phillips/J. Merica). First reading on May 11, 1995; Vote 7-0. Conditions met as follows: conditional overlay incorporatesconditions imposed by Council. 16. Ordinance No. 950601-E approved on Councilmember Garcia's motion, Mayor Pro Tem Nofziger's second, 6-0 vote, Councilmember Garcia off the dais Approve second/third readings of an ordinance amending Chapter 13-2 of the Austin City Code rezoning property locally known as 8400 E. U.S. Hwy. 290, Case No. C14-95-0009, from "DR", Development Reserve, to "GR-CO", Community Commercial-Conditional Overlay, FIRST STATE BANK (Roger W. Weiland), by Dunagan, Weichert & Assoc. (Glenn Weichert). First reading on March 30, 1995; Vote 6-0, Councilmember Shea absent. Conditions met as follows: Conditional overlay incorporates conditions imposed by Council. A restrictive covenant incorporating conditions imposed by Council has been executed. (There is a valid petition of 100% opposing this 17. rezoning request, therefore six votes of Council will be required to grant the applicant's request.) Postponed one week to June 8, 1995 Authorize acceptance of $4,166 in grant funds from RECREATIONAL EQUIPMENT, INC. (REI) OUTDOOR RETAILER for the construction of interpretive signs and trail markers in Forest Ridge Preserve; amend Ordinance No. 940912-D, the 1994-95 operating budget, amending the Special Revenue Fund by appropriating $4,166 in grant funds for the Parks and Recreation Department Special Revenue Fund. (No City match is required.) Ordinance No. 950601-F approved on Councilmember Garcia's motion, Mayor Pro Tem Nofziger's second, 6-0 vote, Councilmember Garcia off the dais RESOLUTIONS 18. 19. 20. 21. 22. Approve negotiation and execution of a contract with RHI CONSULTING, a division of ROBERT HALF, INC., Austin, Texas, for computer programming and associated consulting services for a new payment processing system at the Utility Customer Service Office, in an amount not to exceed $350,000. (Funding is available in the 1994-95 operating budget of the Utility Customer Service Office.) Best proposal of four (4). 15% MBE, 0% WBE Subcontractor participation. Approved Approve execution of a contract with SAULSBURY FIRE APPARATUS CORPORATION, Tully, New York, for the purchase of one (1) custom built hazardous materials and emergency rescue response truck to be used by the Austin Fire Department, in an amount not to exceed $247,478.89. (Funding is available in the 1994-95 Vehicle Acquisition Fund.) Low bid of three (3). No M/WBE Subcontracting opportunities were identified. Approved Approve execution of a contract with NEEL ASSOCIATES, INC., Waco, Texas, for the purchase of one (1) truck cab and chassis and mounted custom built Self Contained Breathing Apparatus (SCBA) air bottle transport body to be used by the Austin Fire Department, in an amount not to exceed $48,479. (Funding is available in the 1994-95 Vehicle Acquisition Fund.) Low bid of two (2). No M/WBE Subcontracting opportunities were identified. Approved Approve execution of a twelve (12) month agreement with TEXAS INDUSTRIES FOR THE BLIND AND HANDICAPPED, Austin, Texas, to provide janitorial services at Waller Creek Center, in an amount not to exceed $93,993.36. (Funding in the amount of $31,331.12 is available in the 1994-95 operating budget of the Water and Wastewater Utility. Funding for the remaining eight (8) months and the extension options is contingent upon available funding in future budgets.) [Recommended by Water and Wastewater Commission] Approved Authorize negotiation and execution of Amendment #3 to the Professional Services Agreement with HARUTUNIAN ENGINEERING, INC., Austin, Texas, for additional Phase II design and completion of Phase III construction engineering services for the Green Water Treatment Plant Low Service Pump Station Electrical Renovation Project, in the amount of $451,872.45, for a total agreement amount of $580,638.99. (Funding was included in the 1991-92 Approved Capital budget of the Water and Wastewater Utility.) 9.66% MBE, 5.04% WBE Subconsultant participation. (Recommended by Water and Wastewater Commission) Approved Items 18 through 22 approved on Councilmember Garcia's motion, Mayor Pro Tem Nofziger's second, 6-0 vote, Councilmember Garcia off the dais 23. Approve a construction contract award to OSCAR RENDA CONTRACTING, INC., Roanoke, Texas, for installation of approximately 5,930 feet of gravity wastewater service southeast of Nuckols Crossing and Stassney Lane for the Mopac-Williamson Creek Lift Station Relief Main, Phase One Project, in the amount of $2,244,125. (Funding in the amount of $2,189,325 was included in the 1991-92 Capital budget of the Water and Wastewater Utility; $54,800 was included in the 1992-93 Capital budget of the Golf Enterprise Fund of the Parks and Recreation Department.) Low bid of four (4). 17.05% MBE, 5.12% WBE Subcontractor participation. (Recommended by Water and Wastewater Commission) 24. Postponed indefinitely Authorize negotiation and execution of Amendment #6 to the Professional Services Agreement with RADIAN CORPORATION, Austin, Texas, for additional Phase II, Pilot Scale Vapor Extraction Well System services for the Mabel Davis Park Landfill Site Assessment and Remediation Project, in the amount of $42,527.84, for a total agreement amount of $442,730.65. (Funding was included in the 1994-95 Capital budget of the Solid Waste Services Department.) 5.63% MBE, 8.66% WBE Subconsultant participation. Approved 25. Ratify two (2) six (6) month contracts with EMCARE, Dallas, Texas, and HKA LOCUM TENENS, INC., Atlanta, Georgia, to recruit two (2) temporary physicians in Health and Human Services Department clinics, in amounts not to exceed $64,345 and $114,840 respectively with one (1) six (6) month extension option in amounts not to exceed $196,820 and $171,600 respectively, for total amounts not to exceed $261,165 and $286,440 respectively. (Funding in the amount of $179,185 is available in the 1994-95 Health and Human Services Department Federally Qualified Health Center Special Revenue Fund. Funding for the extension options is contingent upon available funding in future budgets.) Approved 26. Approve execution of a contract with AQUA CHLOR SERVICES, San Antonio, Texas, for the purchase of fifteen (15) integrated chemical controllers for fifteen (15) City swimming pools, in an amount not to exceed $50,250. (Funding was included in the 1994-95 Capital budget of the Parks and Recreation Department.) Low bid of eight (8) meeting specifications. No M/WBE Subcontracting opportunities were identified. Approved Items 24 through 26 approved on, Councilmember Garcia's motion, Mayor Pro Tem Nofziger's second, 6-0 vote, Councilmember Garcia off the dais 27. Approve the structure for the Robert Mueller Municipal Airport Redevelopment Citizens Advisory 28. Board. (No fiscal impact.) Motion made to approve draft #2 by Mayor Pro Tem Nofziger, Councilmember Goodman's second. Councilmember Goodman withdraws second. Friendly amendment by Mayor Todd to nominate 7 members by Council, subject to approval by Council. Substitute motion made to have Board made up of 5 from the neighborhood, 7 from Council, 1 from the Chambers, 1 from the Economic Development Commission, and 1 from Planning Commission, on Councilmember Mitchell's motion, Councilmember Shea's second. Councilmember Shea withdraws second. Postponed one week on, Councilmember Garcia's motion, Councilmember Shea's second, 7-0 vote. Rescind prior Council action of December 1, 1994 to McKinley Heights Corporation; and authorize a Community Development Block Grant (CDBG) Housing Implementation Program (HIP) Loan for $75,000 to McKinley Heights Development Corporation for the acquisition of ten (10) housing units for elderly households located at 3129 and 3131 East 12th Street. (Funding is available in the Special Revenue Fund of the Planning and Development Department for the Housing Implementation Program (HIP) 19th Year CDBG Fund.) Approved 29. Set a public hearing to gather citizen input on the proposed East 11th and 12th Street Revitalization and the Para Las Familias projects to be funded under the Section 108 loan guarantee program. (Suggested date and time: June 8, 1995 at 5:30p.m.) 30. 31. Approved Set a public hearing on an ordinance amending Section 13-8-102 of the Austin City Code by including special requirements for electrical installations in floodplain areas. (Suggested date and time: June 29, 1995 at 4:30p.m.) (No fiscal impact.) [Recommended by Electrical Board] Approved Set a public hearing to adopt an amendment to Title XIII, Section 13-2, Article 1 (Land Development Code) of Austin to designate five access roads to Austin-Bergstrom International Airport as Scenic Arterials and add Arterial 5 (McKinney Falls Parkway) to the list of principal roadways. (Suggested date and time: June 29, 1995 at 5:00p.m.) [Recommended by Planning Commission] Approved ITEMS FROM COUNCIL 32. 33. Appoint the members of the City of Austin Higher Education Authority, Inc. (No fiscal impact). [Councilmembers Gus Garcia and Brigid Shea] Approved Approve a resolution to support and implement the recommendations of the Juvenile Justice System Audit. (No fiscal impact). [Councilmembers Gus Garcia and Jackie Goodman] Approved 34. Approve a resolution declaring "June is Jazz" in Austin. (Fiscal impact is $5,000. Funding in the amount of $2,500 is available in the 1994-95 operating budget of the Small Minority Business Resources Department, and $2,500 is available in the 1994-95 operating budget of the Planning and Development Department.) [Mayor Pro Tem Michael "Max" Nofziger and Councilmember Gus Garcia] Approved Items 28 through 34 approved on, Councilmember Garcia's motion, Mayor Pro Tem Nofziger's second, 6-0 vote, Councilmember Garcia off the dais 4:00 Ρ.Μ. - ZONING HEARINGS AND APPROVAL OF ORDINANCES 35. 36. Recessed from 2:55 p.m. until 4:00 p.m. Close public hearing on Councilmember Reynolds' motion, Councilmember Mitchell's second, 7-0 vote. Reopen public hearing, on Councilmember Reynolds' motion, Councilmember Mitchell's second, 7-0 vote. Close public hearing, on Councilmember Goodman's motion, Councilmember Mitchell's second, 7-0 vote. C14-95-0038-CITY OF AUSTIN -PLANNING AND DEVELOPMENT, 5619 Adams Avenue. From SF-3 to SF-2. Planning Commission Recommendation: To Grant SF-2, Single Family Residence (standard lot), zoning as requested. Motion to deny rezoning, approved on Councilmember Shea's motion, Councilmember Goodman's second, 7-0 vote. C14-94-0171 - AUSTIN DIAGNOSTIC CLINIC (Jon P. Sligh), by Bury & Pittman (Gregory S. Strmiska), 12101 to 12127 Park Bend Drive and 2209 to 2317 Cedar Bend Drive. From MF-2 to GR. Planning Commission Recommendation: To Grant RR, Rural Residence, zoning for the area determined to be within the boundaries of the 100-year floodplain and GO-CO, General Office-Conditional Overlay, zoning. The provisions of the overlay will limit development to a density that will generate less than 1,500 vehicle trips per day to the site; prohibit access to Cedar Bend Drive; subject to a 25' landscape buffer between GO-CO zoning and residential zoning; and development will be restricted to LO development regulations in triangular, northeast corner that is east of the existing drainage easement. Approved first reading only, on Councilmember Mitchell's motion, Councilmember Reynolds' second, 6-0 vote, Mayor Todd temporarily absent. 37. C14-94-0172 - AUSTIN DIAGNOSTIC CLINIC (Jon P. Sligh), by Bury & Pittman (Gregory S. Strmiska), 2218 to 2605 Park Bend Drive. From MF-2 & GO to GR. Planning Commission Recommendation: To Grant GR-CO, Community Commercial-Conditional Overlay; GO-CO, General Office-Conditional Overlay; and LO-CO, Limited Office-Conditional Overlay, subject to the following conditions: (1) limit the impervious cover for the GR and GO tracts to 80%; (2) limit the impervious cover for the LO tract to 70%; (3) limit the total impervious cover for the entirety of the GO tract to 80%; and (4) establish a 100 foot buffer adjacent to the southern property line which abuts the parkland adjacent to Walnut Creek; a maximum of 50% of the area within this buffer zone may be constructed as impervious cover. Approve first reading Substitute motion to 1) retain existing GO zoning; 2) retain MF-2 zoning for approximately 14.47 acres, 3) LO-CO zoning per Planning Commission recommendation for approximately 6.15 acres on, Councilmember Goodman's motion, Councilmember Shea's second, 4-3 vote, Mayor Todd, Councilmember Mitchell and Reynolds voting "NO". 38. C14-94-0173 - AUSTIN DIAGNOSTIC CLINIC (Jon P. Sligh), by Bury & Pittman (Gregory S. Strmiska), 2408 to 2417 Cedar Bend Drive. From LO to GR. Planning Commission Recommendation: To Grant LR-CO, Neighborhood Commercial-Conditional Overlay, zoning with the provisions of the overlay to prohibit access to Tomanet Trail; limit development to a density that will generate less than 870 vehicle trips per day; and subject to a 25' landscape and screening buffer between LR-CO and any residential zoning. Approve first reading only, on Councilmember Mitchell's motion, Councilmember Reynolds' second, 7-0 vote. 39. C14-94-0174 - AUSTIN DIAGNOSTIC CLINIC (Jon P. Sligh), by Bury & Pittman (Gregory S. Strmiska), 12201 to 12301 Tomanet Trail. From SF-3 to LO. Planning Commission Recommendation: To Grant RR, Rural Residence, zoning for any land area determined to be within the boundaries of the 100-year floodplain, and LO-CO, Limited Office-Conditional Overlay, with the provisions of the overlay to limit the development to a density that will generate less than 700 vehicle trips per day to the site; prohibit driveway access to Tomanet Trail; and subject to a 25' landscape and screening buffer between LO-CO and any residential zoning. Approve first reading Approve LO-CO zoning, conditional overlay limits site to NO, neighborhood office zoning site development requirements, on Councilmember Goodman's motion, Councilmember Shea's second, 5-0-2 vote, Councilmembers Mitchell and Reynolds abstaining. 40. CL14-95-0025 - W.W. DEERFIELD (William S. Walters), by Bury & Pittman (James B. Knight), Brodie Lane and Davis Lane (approximately 8600-8700 block of Brodie Lane). From SF-2, LR & GR to MF-2. Planning Commission Recommendation: To Grant MF-2-CO, Multifamily Residence (low density)-Conditional Overlay, zoning with the provision of the overlay to limit density to a maximum of 17 units per acre. Ordinance 950601-G approved 41. C14-95-0026 - W.W. DEERFIELD (William S. Walters), by Bury & Pittman (James B. Knight), Brodie Lane and Robert F. Morrison Drive (approximately 8500 block of Brodie Lane). From SF-2 to MF-2. Planning Commission Recommendation: To Grant MF-2-CO, Multifamily Residence (low density)-Conditional Overlay, zoning with the provision of the overlay to limit density to a maximum of 17 units per acre. 42. Ordinance 950601-H approved Items 40 and 41 approved on Councilmember Garcia's motion, Councilmember Reynolds' second, 6-0 vote, Councilmember Shea off the dais C14-95-0029 - JIM D. LITTLE, 500 E. Powell Lane. From SF-3 to MF-2. Planning Commission Recommendation: To Grant MF-2-CO, Multifamily Residence (low density)-Conditional Overlay, subject to: (1) dedication of 35 feet of right-of-way from the centerline of East Powell Lane; (2) limit development to a maximum 43 units; (3) inclusion of a 50 foot undisturbed buffer on the north end of the subject tract; (4) clearing for the security fence at a maximum of 2 feet; (5) prohibit access to John Nance Gardner except for emergency vehicles; (6) limit building height to 35 feet; and (7) if protected trees must be removed, the inch-by-inch replacement be planted on the north end of the subject tract. Approve first reading only with conditional overlay on Councilmember Mitchell's motion, Mayor Todd's second, 4-1-2 vote, Mayor Pro Tem Nofziger voting "NO", Councilmember Garcia and Goodman abstaining. 43. C14-95-0034 - WALNUT RIDGE SHOPPING CENTER (Thomas C. Calhoon), by Fitzgerald's AKA Jamn' Production (Jerry Jackson), 900 E. Braker Lane. From GR to CS-1. Planning Commission Recommendation: To Deny CS-1, Commercial Liquor Sales, zoning. Approve first reading only Substitute motion to approve CS-1 zoning subject to a rollback to GR if use ceases for more than 90 days, on Councilmember Mitchell's motion, Councilmember Reynolds' second, 4-1-1 vote, Mayor Todd abstaining, Councilmember Goodman voting "NO", Councilmember Shea absent. 44. C14-95-0040 - CARMEN VASQUEZ, by The Barr Company, A.I.A. (Julie Wickham), 1216 East 7th Street. From SF-3 to LO-MU. Planning Commission Recommendation: To Deny LO-MU, Limited Office-Mixed Use Combining District, zoning. Postponed indefinitely 45. C14H-94-0012 - CENTRAL FEED STORE (Guero's Restaurant, Inc.), 1412 S. Congress Avenue. From CS to CS-H. Planning Commission Recommendation: To Grant CS-H, Commercial Services-Historic, zoning based on designation criteria items (1), (6), (9), (11), (12), and (13). Ordinance 950601-1 approved, on Councilmember Garcia's motion, Councilmember Reynolds' second, 6-0 vote, Councilmember Shea off the dais 46. C14-94-0168 - PARMER RIDGE LTD. (John Lloyd), by Espey, Huston & Associates (Danny R. Martin), Josh Ridge Boulevard and Harrisglenn Drive. From I-RR to Tract 1: SF-2, Tract 2: MF-2, Tract 3: SF-2, Tract 4: GR, Tract 5: GR, Tract 6: GR. Planning Commission Recommendation: Forward to Council without a recommendation due to lack of a quorum vote. (this item was cont'd. from the 5/11/95 agenda) Approved 1st reading only on staff recommendation of Tract 1, SF-2-CO, Tract 2, SF-2-CO, Tract 3, SF-2-CO, Tract 4, LR-CO, Tract 5, LR-CO, Tract 6, GR-CO on Councilmember Goodman's motion, Mayor Pro Tem Nofziger's second, 5-0 vote, Councilmembers Mitchell and Shea absent. 47. C14-95-0031 - INTERNATIONAL BANK OF COMMERCE (Peter Dwyer), by Bury & Pittman (Greg Strmiska), Approximately 3400 block Robert F. Morrison Drive. From I-RR to LR (Tract 1) and SF-6 (Tract 2). Planning Commission Recommendation: To Grant LR-CO, Neighborhood Commercial-Conditional Overlay, zoning for Tract 1, and SF-6-CO, Townhouse and Condominium Residence-Conditional Overlay, zoning for Tract 2. The provisions of the overlay are follows: (1) limit development to less than 2,000 vehicle trips per day for both tracts; and (2) Tract 2 shall not be developed until Robert Morrison Drive is complete with the following conditions - require a 75 foot setback; require a 25 foot vegetative buffer within the 75 foot building setback; limit the height limitation to 25 feet east of the easement that runs north and south; and height limitation for another 50 feet (from 75 to 125) be limited to 25 feet. Approve first reading subject to four conditions offered by applicant and neighbors, plus a fifth condition to be resolved prior to 2nd and 3rd readings, on Councilmember Goodman's motion, Councilmember Garcia's second, 5-0 vote, Councilmembers Mitchell and Shea absent. EXECUTIVE SESSION (No Public Discussion on These Items) Executive session held on the morning of this day on all other items. 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 this 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 48. Discuss Maconda Park Joint Venture vs. City of Austin; Cause No. 94-360-C26. 49. Discuss claim by Barton Springs Edwards Aquifer District. Real Estate Acquisition - Section 551.072 50. Discuss real property acquisition for Municipal Court. 51. Discuss real property acquisition for the Balcones Canyonland Conservation Plan. 52. APPOINTMENTS DISPARITY WORKING GROUP - JOSE GIL AIRPORT ADVISORY BOARD - JOSEPH TROCHTA Approved on Councilmember Reynolds' motion, Councilmember Garcia's second, 7-0 vote. ADDENDUM CITIZEN COMMUNICATIONS: GENERAL 53. Mr. James Harper, to discuss City staff. ADJOURN at 10:05 P.M. Approved on this the 22nd day of June, 1995, on Mayor Pro Tem Garcia's motion, Councilmember Nofziger's second, 6-0 vote, Councilmember Shea absent.