CITY OF AUSTIN FOUNDED 1839 Austin City Council MINUTES April 18, 1996 1. Mayor Todd called the meeting to order, Councilmembers Shea and Mitchell temporarily absent. Approval of Minutes for Special Called Session of April 10, 1996 and Regular Called Meeting of April 11, 1996. Approved on, Mayor Pro Tem Garcia's motion, Councilmember Goodman's second, 5-0 vote, Councilmembers Shea and Mitchell temporarily absent. CITIZEN COMMUNICATIONS: CONSENT AGENDA 2. Mr. Gus Pena, to discuss funding for the Park Department's summer job youth programs and public safety. 3. Mr. Roger Baker, to discuss matters arising. 4. 5. Ms. Ronda von Sehrwald, to discuss Board of Adjustment and Development Services Department. Mr. Bob Simmons, to speak about student collaboration with ACTV. 6. Ms. Marcy Goodfleisch, to discuss Board of Adjustment and Development Services Department. Absent 7. Ms. Pat Henly, to thank the City Council with copies of the new publication from League of Women Voters on local transportation issues, "How to Get From Here to There." 8. Mr. Paul Robbins, to discuss city issues. 9. Mr. Ben Edelstein, to discuss Pediatric AIDS. 10. Mr. Brian Godinez, to discuss the Lady Family Center program with ACTV. ITEMS CONTINUED FROM PREVIOUS MEETINGS 11. Amend sections 2-3 of the City Code to restrict purchases of goods and services from former Council Members and providing for voidability of certain contracts. (Councilmember Brigid Shea and Councilmember Max Nofziger) Friendly amendment by Councilmember Mitchell, (see attachment). Friendly amendment not accepted by motioner. Ordinance No. 960418-J approved on Councilmember Shea's motion, Councilmember Nofziger's second, 6-0 vote, Councilmember Mitchell off the dais. 12. Approve a construction award to EDWARD R.COLEMAN CONSTRUCTION, Austin, Texas, for a Traffic Management System (TMS) Project on Congress and Oltorf, to include drainage improvements, in the amount of $388,982.25.(Funding in the amount of $344,807.25 was included in the 1995-96 Capital budget of the Public Works and Transportation Department; $5,200 was included in the 1991-92 Capital budget of the Water and Wastewater Utility; $38,975 was included in the 1995-96 Capital budget of the Water and Wastewater Utility.) Low bid of six. 26.8% MBE, 9.6% WBE subcontractor participation. (Recommended by the Urban Transportation Commission) (Recommended by Water and Wastewater Commission) Approved ORDINANCES 13. Approve second/third readings of an ordinance amending Chapter 13-2 of the Austin City Code rezoning property locally known as 6909 West Courtyard Drive, Case No. C14-95-0161, from "PUD", Planned Unit Development to "MF-1-CO", Multifamily Residence (limited density)-Conditional Overlay, subject to: (1) prohibit Condominium, Townhome, Lodging House, Duplex and Multifamily use; and (2) a maximum of one residential unit per acre; SHEPHERD OF THE HILLS CHRISTIAN CHURCH (Thomas T. Smith), by LZT Architects (John Merritt). First reading on March 21, 1996; Vote 6-0; Nofziger off the dais. Conditions met as follows: Conditional overlay incorporates conditions imposed by Council. Ordinance No. 960418-A approved 14. Approve second/third readings of an ordinance amending Chapter 13-2 of the Austin City Code rezoning property locally known as 14411 to 14509 North I.H. 35 Northbound, Case No. C14-95-0189, from "SF-2", Single Family Residence (standard lot) to "CS-CO", Commercial Services-Conditional Overlay, with the provision of the overlay to limit development to generate less than 2,000 vehicle trips per day; SCI TEXAS FUNERAL SERVICES/TEXAS COMMERCE BANK (Tommy Park/Tommy Clark), by Small, Craig & Werkenthin (Jim Nias). First reading on February 29, 1996; Vote 7-0. Conditions met as follows: Conditional overlay incorporates conditions imposed by Council. Ordinance No. 960418-B approved Items 12 through 14 approved on, Mayor Pro Tem Garcia's motion, Councilmember Nofziger's second, 7-0 vote. 15. Approve third reading of an ordinance amending Chapter 13-2 of the Austin City Code rezoning property locally known as 5601 - 5839 S. MoPac NB, Case No. C14-95-0117, from "MF-3-CO", Multifamily Residence (medium density)-Conditional Overlay to "MF-3-CO", Multifamily Residence (medium density)-Conditional Overlay, zoning subject to: (1) limit density to 25 units per acre, and (2) recommendations of the Transportation Review Memorandum, dated November 20, 1995; PHILLIPS & COPUS CREDITORS (Allen T. Jacoby), by Graves, Dougherty, Hearon & Moody (Ann E. Vanderburg). First reading on February 29, 1996; Vote 6-1; Shea voting "No". Second reading on April 11, 1996; Vote 4-1; Nofziger voting "No"; Shea and Goodman absent. Conditions met as follows: Conditional overlay incorporates conditions imposed by Council. At first reading of the ordinance, the applicant's request to delete the previous conditional overlay requirement to comply with the S.O.S. standards was granted. This item is pulled, already passed on third reading April 11, 1996. 16. Amend the Austin City Code by modifying the Basic Traffic Ordinance, Section 16-4-4 (D) Speed Limits, for the installation of a 20 mph school zone on Johnny Morris Road for the protection of students attending Barbara Jordan Elementary School. (Funding in the amount of $1,970 for flashing lights, signs, and markings is available in the 1995-96 operating budget of the Child Safety Fund.) Ordinance No. 960418-C approved 17. 18. Amend Chapter 10-5, of the City Code by adding restrictions relating to sound levels at Auditorium Shores. (No fiscal impact.) (Recommended by Parks Board) Ordinance No. 960418-D approved Items 16 and 17 approved on, Mayor Pro Tem Garcia's motion, Councilmember Nofziger's second, 7-0 vote. Authorize acceptance of $198,000 in U. S. Department of Energy funds to be used in a project to install 96 kilowatts of solar photovoltaic (PV) systems on local homes and businesses; Amend Ordinance 950911-B, the 1995-96 Capital budget of the Electric Utility Department, by increasing appropriation for the PV systems project by $198,000. Postponed to April 25, 1996 19. Authorize acceptance of a grant from the Capital Area Planning Council (CAPCO) in the amount of $43,273 to provide for the development of a pilot program providing for hazardous waste disposal services to small businesses; amend Ordinance No. 950911-A, the 1995-96 operating budget, by increasing budgeted revenue and expenditures by $43,273 in the Solid Waste Services Special Revenue Fund, and add two full time equivalents (FTEs). (Related to Items 20, 35) Ordinance No. 960418-E approved 20. 21. Amend Ordinance No. 950911-D, the 1995-96 Fee Ordinance, to reflect fees that will be paid by business's utilizing disposal services provided by The Hazardous Waste Collection Program in the Solid Waste Services Department. (Estimated revenues of $23,800 is projected.) (Related to Items 19,35) Ordinance No. 960418-F approved Approve an Ordinance amending Chapter 18-2, Austin City Code by amending Section 18-2-003 (B)(8) to indicate that the discharge limit for fats, oils and greases discharged to the City sewer is based on a daily average limit calculation; amending Section 18-2-003 (B)(27) to prohibit the discharge to the City sewer of water that has become contaminated by one or more pollutants prohibited by Article I of Chapter 18-2 only under certain conditions; 22. 23. amending Section 18-2-002 to add new definitions and amend certain definitions. (No fiscal impact.) (Recommended by Water and Wastewater Commission) Ordinance No. 960418-G approved Approve a license agreement with Waller Creek Communications, Inc., to build and maintain a local fiber network along a designated route in the University of Texas campus area. (Unanticipated revenue in the amount $1,600 for 1995-96.) Ordinance No. 960418-H approved Authorize acceptance of $1,133,286 in grant funds from the Texas Department of Protective and Regulatory Services for the South East Austin Community Youth Development Project; amend Ordinance No. 950911-A, the 1995-96 operating budget, amending the special revenue fund by appropriating $1,133,286 in grant funds to the Health and Human Services Department special revenue fund; and authorize 2.50 grant funded full-time equivalent (FTE) positions. (No match is required.) Ordinance No. 960418-1 approved RESOLUTIONS 24. Approve negotiation and execution of a contract with ACTION TECHNOLOGIES, INC., Houston, Texas, to procure a workflow automation system in an amount not to exceed $125,300. (Funding is available in the 1995-96 Operating Budget for Aviation $804, Convention Center $483, Drainage Utility $365, Golf Enterprise Fund $138, Recreation Program Enterprise Fund $44, Solid Waste Services $1,692, Softball Enterprise Fund $39, Transportation Fund $760, Austin Convention and Visitor's Bureau $158, the Environmental and Conservation Services Department $937, Neighborhood Housing and Conservation Fund $202, General Fund Departments $23,381, the Support Services Fund $2,790, the Internal Services Departments $2,101. Therefore, there is not unanticipated fiscal impact. A fiscal note is not required. Funding for the Electric Utility $86,288 and the Water and Wastewater Utility $5,114 is included in the 1995-96 Approved Capital Budget.) Best proposal of five. No M/WBE Subcontracting opportunities identified. Approved 25. Approve negotiation and execution of a contract with CONTROL DATA SYSTEMS, INC., Dallas, Texas for the purchase of a Messaging Switch System in an amount not to exceed $248,000. (Funding is available in the 1995-96 Operating Budget for Aviation $4,401, Convention Center $2,646, Drainage Utility $1,998, Golf Enterprise Fund $756, Recreation Programs Enterprise Fund $243, Solid Waste Services $9,261, Softball Enterprise Fund $216, Transportation Fund $4,158, Austin Convention and Visitor's Bureau $864, the Environmental and Conservation Services Department $5,130, Neighborhood Housing and Conservation Fund $1,107, General Fund Departments $128,010, the Support Services Fund $15,282, the Internal Services Departments $11,502. Therefore, there is no unanticipated fiscal impact. A fiscal note is not required. Funding for the Electric Utility Department $34,426 and the Water and Wastewater Utility Department $28,000 is included in the 1995-96 Approved Capital Budget.) Best proposal of seven. No M/WBE Subcontracting opportunities identified. Approved Items 19 through 25 approved on, Mayor Pro Tem Garcia's motion, Councilmember Nofziger's second, 7-0 vote. 26. Approve an amendment to the contract with Appraisal Associates of Austin (Jim Frederick) for expert witness fees in an amount of $10,231.25, for a total contract amount of $80,231.25 in Cause No. A-94-CA-647-JN; FM Properties Operating Co. v. City of Austin. (Funding is available in the 1995-96 budget of the Liability Reserve Fund.) 27. 28. Approved Approve an amendment to the contract with real estate appraiser David Bolton for expert fees in an amount of $6,729.70, for a total contract amount of $40,729.70, in Cause No. 94-02877; Bradfield Cummins, II, Ltd., et al. v. City of Austin. (Funding is available in the 1995-96 budget of the Liability Reserve Fund.) Approved Items 26 and 27 approved on, Mayor Pro Tem Garcia's motion, Councilmember Nofziger's second, 6-1 vote, Councilmember Mitchell voting "NO". Approve an amendment to the Excursion Rail Passenger Service Agreement with the AUSTIN STEAM TRAIN ASSOCIATION (ASTA) to expand the hours of operation to include Fridays and weekday holidays, at large, and Thursday, April 25, 1996, specifically. (The City's proceeds will be deposited in an escrow account managed by the Capital Metropolitan Transportation Authority to be spent exclusively on improvements to the railroad.) No M/WBE Subcontracting opportunities were identified. Approved on, Mayor Pro Tem Garcia's motion, Councilmember Nofziger's second, 7-0 vote 29. Reconsider and approve the award of a construction contract to BRH GARVER, INC., Austin, Texas for rehabilitation of the existing wastewater system and water system replacement in the Hyde Park area, in the amount of $2,167,153.40. (Funding included in the 1995-96 Capital budget of the Water and Wastewater Utility.) Low responsive bid of four. Subcontractor participation: 24.26% MBE, 8.50% WBE. (Recommended by Water and Wastewater Commission) Reconsider and approve on, Mayor Todd's motion, Mayor Pro Garcia's second, 4-3 vote, Councilmembers Goodman, Mitchell and Reynolds voting "NO". 30. Approve execution of a contract with OSHKOSH TRUCK CORPORATION, Oshkosh, Wisconsin, for the construction and purchase of one aircraft rescue and firefighting vehicle, in an amount not to exceed $513,416. (Funding is available in the 1995-96 operating budget of the Aviation Department.) Low bid of two. No M/WBE Subcontracting opportunities were identified. Approved 31. Approve negotiation and execution of a contract with DIANA MCIVER AND ASSOCIATES, Austin, Texas, to provide an analysis of impediments to fair housing choices, in the amount of $50,000. (Funding is available from the 21st Year Community Development Block Grant Program in the 1995-96 Special Revenue fund of the Neighborhood Housing and Conservation Department.) Best proposal of six. No M/WBE Subcontracting opportunities were identified. Approved 32. Approve a nine month service agreement with AUSTIN SOFTBALL UMPIRES ASSOCIATION, INC., Austin, Texas, for softball umpire operation and management programs for all City owned and operated softball complexes, in the amount of $140, 106.19 with the option to extend for two additional twelve month periods with the first extension option in the amount of $194,108.50 and the second extension option in the amount of $203,228.00, for a total amount of $537,442.69. (Funding in the amount of $77,836.77 is available in the 1995-96 operating budget of the Softball Enterprise Fund of the Parks and Recreation Department. Funding for the remaining four months and the extension options is contingent upon available funding in future budgets.) Single proposal. No M/WBE Subcontracting opportunities were identified. Approved 33. Certify the availability of matching funds for Intermodal Surface Transportation Efficiency Act (ISTEA) Enhancement Program project applications submitted by the City of Austin to the Austin Transportation Study and the Texas Department of Transportation, in the amount of $905,989. (Funding in the amount of $90,240 was included in the 1991-92 Approved Capital budget of the Public Works Department; $269,899 was included in the 1993-94 Amended Capital budget of Public Works; $272,925 was included in the 1995-96 Amended Capital budget of Public Works; $239,925 is available in the 1991-92 Amended Capital budget of the Parks and Recreation Department; $33,000 was included in the 1993-94 Amended Capital budget of the Parks and Recreation Department.) (Recommended by Urban Transportation Commission) 34. 35. Approved Authorize negotiation and execution of Wastewater Metering and Billing Agreement with Huntsman Corporation setting forth terms and conditions for installation of a wastewater flow meter and alternative wastewater billing for the subject premises at 7114 North Lamar Boulevard. (Estimated fiscal impact of $1,200 reduction per month in wastewater revenues.) (Recommended by Water and Wastewater Commission) Approved Authorize an Interlocal Agreement with the Capital Area Planning Council (CAPCO) to accept grant funding in the amount of $43,273 to develop a pilot program which will provide hazardous waste disposal services to small businesses. (The City will provide $57,755 in in-kind services in the form of salaries and benefits of existing program employees.) (Related to Items 19, 20) Approved Items 30 through 35 approved on, Mayor Pro Tem Garcia's motion, Councilmember Nofziger's second, 7-0 vote. 36. Approve negotiation and execution of a professional services agreement with 37. D'APPOLONIA, ENGINEERING DIVISION OF GROUND TECHNOLOGY, INC., Monroeville, Pennsylvania, for Phase I (preliminary engineering) services needed to investigate the economic feasibility of reducing intake water temperature at the Decker Power Plant, in the estimated amount of $60,000. (Funding is available in the 1995-96 operating budget of the Electric Utility Department.) Best qualification statement of six. 8.6% MBE, 18.2% WBE Subconsultant participation. Approved on Mayor Pro Tem Garcia's motion, Mayor Todd's second, 4-1-1 vote, Councilmember Mitchell voting "NO", Councilmember Goodman abstaining, Councilmember Nofziger off the dais. Set a public hearing regarding the renewal of Time Warner Entertainment Company, L.P.'s (dba Austin CableVision) cable franchise. (Suggested date and time: April 25, 1996 at 5:00 p.m.) Approved 38. Set a public hearing to approve the creation of a Tax Abatement Reinvestment Zone No. 12 for Samsung Austin Semiconductor, LLC for 180 acres at the southeast intersection of Yager Lane and the Missouri/Kansas Railroad within the Austin-Jordan Crossing Partners tract. (Suggested date and time: April 25, 1996 at 5:30 p.m.) Approved Items 37 and 38 approved on, Mayor Pro Tem Garcia's motion, Councilmember Nofziger's second, 7-0 vote. ITEMS FROM COUNCIL 39. 40. 41. Approve an ordinance to add Chapter 12-6 to the City Code to regulate the sale and distribution of tobacco products as it affects minors. (Budget amendment not required) (Mayor Bruce Todd, Councilmember Gus Garcia, and Councilmember Max Nofziger) Ordinance No. 960418-K approved with friendly amendment by Councilmember Reynolds to: (A) A business that does not admit minors onto the premises shall be exempt from the provisions of this ordinance except as provided by subsection (B) below and 12-6-99; (B) It shall be unlawful for a business exempt under subsection (A) to place a tobacco vending machine within 25 fee of an entrance to the business; Violation and Penalties: (A) A violation of any provision of Sections 12-6-3, 12-6-_(B) and 12-6-6 shall be a Class C misdemeanor on, Mayor Pro Tem Garcia's motion, Councilmember Goodman's second, 7-0 vote. Set a public hearing concerning a street name change from Peyton Gin Road to Payton Gin Road. (Suggested date and time: May 16, 1996 at 4:30 p.m.) (Councilmember Ronney Reynolds and Councilmember Jackie Goodman) Approved on, Mayor Pro Tem Garcia's motion, Councilmember Nofziger's second, 7-0 vote. Approve a resolution directing the City Manager to develop a plan for designating certain downtown streets for two-way traffic to encourage pedestrian use of city streets and to report to Council within 30 days. (Councilmember Max Nofziger, Councilmember Brigid Shea and Councilmember Jackie Goodman) Approved with friendly amendment by Councilmember Shea to direct City Manager to look at a whole variety of issues to make the stretch of 6th streetbetween IH-35 and MOPAC more pedestrian and resident safe and to look at proposals, particularly from the Old West Austin Association, to try and address concerns of mixed uses and pedestrian concerns, on Councilmember Nofziger's motion, Councilmember Shea's second, 4-1 vote, Councilmember Mitchell voting "NO", Mayor Todd and Councilmember Reynolds temporarily absent. 42. Approve a resolution directing the City Manager to incorporate rules and procedures for City Council meetings into an ordinance for adoption no later than May 16, 1996. (Councilmember Brigid Shea) Substitute amendment by Councilmember Mitchell to ask City Manager to schedule a worksession with the new incoming Councilmembers, on Councilmember Mitchell's motion, Councilmember Reynolds' second, 3-1-2 vote, Councilmember Nofziger voting "NO", Councilmembers Goodman and Shea abstaining. Friendly amendment not accepted by Councilmember Shea. Motion fails. Motion to approve main item on, Councilmember Shea's motion, Councilmember Nofziger's second, 3-3 vote, Mayor Todd, Councilmembers Mitchell and Reynolds voting "NO", Mayor Pro Tem Garcia off the dais. Motion fails. 43. Approve a resolution adopting the concepts contained in the City of Austin Land Development Reengineering Vision Recommendations dated May 30, 1995. (Councilmember Jackie Goodman) Approved 44. Approve a resolution creating a Sidewalk Task Force. (Councilmember Jackie Goodman) Approved 45. Approve a resolution directing the City Manager to examine the feasibility of devising a community involvement process. (Councilmember Jackie Goodman) Approved 46. Approve a resolution directing the City Manager to develop a pilot neighborhood planning project, and report back to Council within 30 days with recommendations. (Councilmember Jackie Goodman) Approved 47. Approve a resolution directing the City Manager to create and maintain a central registry for neighborhood associations. (Councilmember Jackie Goodman) Approved 48. Approve a resolution directing the City Manager to prepare appropriate amendments to the 49. 50. Land Development Code that will provide clear guidelines for development, consistent interpretation with other City Code provisions, to refer these amendments to the appropriate board and commissions review, consistency with state law requirements, and a reduction in application processing time, and to report back to City Council within 60 days for recommendations. (Councilmember Jackie Goodman) Approved Items 43 through 48 approved on, Mayor Pro Tem Garcia's motion, Councilmember Nofziger's second, 7-0 vote. Approve a resolution directing the City Manager to create a new street classification system. (Councilmember Jackie Goodman) Approved on, Mayor Pro Tem Garcia's motion, Councilmember Nofziger's second, 6-1 vote, Councilmember Reynolds voting "NO". Approve a resolution directing the City Manager to compile, maintain and develop a plan to compile and maintain an environmental hazards database. available to the public. (Councilmember Jackie Goodman) Approved on, Mayor Pro Tem Garcia's motion, Councilmember Nofziger's second, 7-0 vote. PUBLIC HEARINGS AND APPROVAL OF ORDINANCES/RESOLUTIONS 51. 5:00 Ρ.Μ. - Public hearing on an appeal of the Building and Fire Code Board's decision upholding the Building Official's decision regarding 5233 Tortuga Trail. Motion to close hearing on, Councilmember Shea's motion, Councilmember Nofziger's second, 5-0 vote, Mayor Pro Tem Garcia and Councilmember Mitchell off the dais. ACTION ON THE FOLLOWING 52. Consideration of an appeal: Denial, approval, or modification of the Building and Fire Code Board's decision upholding the Building Official's decision regarding 5233 Tortuga Trail. Motion to deny appeal due to failure of finding violation of building code, on Councilmember Shea's motion, Councilmember Goodman's second, 6-0 vote, Councilmember Mitchell off the dais. EXECUTIVE SESSION (No Public Discussion on These Items) Executive session 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 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. Advice of Counsel - Section 551.071 53. Discuss City of Austin v. Houston Lighting and Power Company, Cause No. 94-007946, in the 11th District Court of Harris County, Texas. 54. Discuss Hector Polanco v. City of Austin, Cause No. A-93-CA-385-SS. 55. Discuss Save Our Springs and Save Barton Creek Association v. City of Austin et al., CA 92-16982, 201st District Court of Travis County, Texas. Postponed to April 25, 1996 56. Discuss Barton Springs Edwards Aquifer Conservation District v. City of Austin, CA 96-018521, 98th District Court of Travis County, Texas. Postponed to April 25, 1996 Real Estate Acquisition - Section 551.072 57. Discuss the purchase of lots for the Austin Convention Center. Staff Briefing - Section 551.075 58. Staff briefing on implementation of Meet and Confer legislation. (City Council deliberation is not permitted under Section 551.075) ACTION ON THE FOLLOWING 59. Approve the purchase of lots for the Austin Convention Center. No action taken. 60. Approve payment of judgment in Hector Polanco v. City of Austin, Cause No. A-93-CA-385-SS. Approved in the amount of $350,000 on, Mayor Pro Tem Garcia's motion, Councilmember Nofziger's second, 7-0 vote. 61. Consider any requires final action, vote, or decision concerning Save Our Springs Legal Defense Fund and Save Barton Creek Association v. City of Austin et I., CA 92-16982, 201st District Court of Travis County, Texas. 62. 63. Postponed to April 25, 1996 Consider any required final action, vote, or decision necessary concerning Barton Springs Edwards Aquifer Conservation District v. City of Austin, CA 96-018521, 98th District Court of Travis County, Texas. Postponed to April 25, 1996 Consider any required final action, vote, or decision necessary concerning City of Austin v. Houston Lighting and Power, Cause No 94-007946, in the 11th District in Harris County, Texas. 64. No action taken. Appointments HOMELESS TASK FORCE - ANGELA ATWOOD, HUNTER MORRIS, CLOTEAL HAYNES, DAVID GOMES, MARCIA WILLIAMS, RICHARD TROXELL. STREET CLOSURE TASK FORCE - DARLENE CLEMENTS Approved with friendly amendment to add Richard Troxell to Homeless Task Force, on Councilmember Shea's motion, Mayor Pro Tem Garcia's second, 7-0 vote. ADJOURNED at 8:45 p.m. on, Councilmember Mitchell's motion, Councilmember Shea's second, 6-0 vote, Councilmember Goodman absent. Approved on this the 25th day of April, 1996, on, Councilmember Shea's motion, Councilmember Nofziger's second, 4-0 vote, Mayor Todd, Councilmembers Goodman and Reynolds temporarily absent.