CITY COUNCIL ACENDA JUNE 8, 2000 Austin City Council MINUTES REGULAR MEETING THURSDAY, JUNE 8, 2000 The following represents the actions taken b> the Austin Cit\ Council in the order thej occurred during the meeting While the minutes art not in sequential order, all agenda items were discussed The City Council of Austin, Texas, convened in a regular meeting on Thursday, June 8, 2000 in the Board Room at Lower Colorado River Authorit} Hancock Building, 3700 Lake Austin Boulevard INVOCATION Pastor Randall Wylcs South Austin Church of the Nazarene Mayor Watson called the meeting to order at 9 39 a m 1 Approval of minutes for regular meeting of June 1 2000 The minutes for the regular meeting ol June 1, 2000 were appro\ed on Council Member Garcia's motion, Council Member Griffith's second b> a 6-0 \ote Council Member Lewis was olf the dais CONSENT AGENDA The following items were acted on bv one motion No separate discussion or action occurred on anv ot the items The consent items wcrt approved on Council Member Ctrcn s motion, Council Member Lewis second by a 7 0 vote Items 2 through 3 were Briefings 4 through 6 were Executive Session Items 7 Approve a Resolution authorizing the negotiation and execution of a 12 month contract with Austin Community College in an amount not to exceed $50 000 in Community Development Block Grant funds through the Small Minority Business Assistance program for the purpose of providing training and technical assistance to small minority owned businesses (Funding is available in the Fiscal Year 1999 2000 Neighborhood Housing and Community Development Office special revenue fund for the Community Development Block Grant (CDBG 25 Year ) This item was deleted Irom the agenda Items 8 through 11 were pulled for discussion CITYCOlJNCII 4CFNDA UJNF 8, 2000 12 Approve an ordinance creating the Robert Mueller Municipal Airpoit (RMMA) Implementation Commission and appointing its members Ordinance No 000608 12 was appro\ed Item 13 was pulled tor discussion 14 C14 98 0268 Approve second/thud readings of an ordinance amending Chapter 25 2 of Ihe Austin City Code by zoning property locally known as 11495 FM 2222 and 7001 RR 620 North from I RR Interim Rural Residence District zoning to GR CO Community Commercial Conditional Overlay Combining District zoning with conditions hirst reading on May 18 2000 Vote 5 1 (Slusher nay Lewis absent) Conditions met as follows _Restnctive covenant incorporates tht conditions approved by Council at first reading Applicant Jack Maroney Agent Bury & Partners (James B Knight PL) City Staff Antonio Gonzalez 499 2243 Ordinance No 000608-14 was approved 15 C14 99 2087 Approve second/third readings of an ordinance amending Chapter 25 2 of the Austin City Code by rezoning property locally known as 411 St Elmo Road West from SF 3 Family Residence District zoning to SF 6 CO Townhouse and Condominium Residence Conditional Overlay Combining District zoning with conditions First reading on March 30 2000 Vote 6 0 (Goodman absent) Conditions met as follows _Conditional overlay incorporates the conditions imposed by Council at first reading Property Owner and Applicant Minerva ITD (David Young) Agent Vincent Gerard & Associates (Christine Sullivan) City Staff Michele Rogerson 499 2308 Ordinance No 000608-15 was approved 16 C 14 99 0092 Approve third reading of an ordinance amending Chapter 25 2 of the Austin City Code bv rezoning property located 100 feet east of Woodward Street & Willowrun Drive from MF 3 CO Multifamily Residence Medium Density Conditional Overlay Combining District zoning \\ith conditions and RR CO Rural Residence Conditional Overlay Combining District zoning with conditions to MF 3 CO Multifamily Residence Medium Density Conditional Overlay Combining District zoning with conditions for Tract I and RR CO Rurai Residence Conditional Overlay Combining District zoning \\ith conditions for Tracts 2 and 3 First reading on August 26 1999 Vote 7 0 Second reading on May 11 2000 Vote 7 0 Conditions met as follows Conditional overlay incorporates the conditions imposed by Council at second reading Property Owner Austin 1825 Fortview Applicant City of Austin Agent Development Revie\\ and Inspection Department City Staff Adam Smith 499 2755 Ordinance No 000608 16 was approved 17 Approve a resolution authorizing execution of a 12 month supply agreement with FOUR ALARM FIRE EQUIPMENT South Houston Texas to provide firehghting hoses for the Fire Department in an amount not to exceed $47 357 50 with two extension options in an amount not to exceed $47 357 50 per extension for a total contract amount not to exceed $142 072 50 (Funding in an amount of $15 785 83 was included in the 1999 2000 Operating Budget of the Austin Fire Department Funding for the remaining nine months and extension options will be contingent upon available funding in future budgets ) Low bid/4 bids received No MBE/WBE subcontractor participation Resolution No 000608-17 was approved 18 Approve a resolution authorizing execution of a 12 month service agreement v> ith PROFESSIONAL LINEN SERVICE Sugarland Texas to provide cleaning and repair service of frefghtmg bunker coats and pants for the Fire Department in an amount not to exceed $60 250 with two extension options in an amount not to exceed $60 250 per extension for a Cl FY COUNCIL ACFM)A JUNt 8,2000 * , * ^j^i * y total contract amount not to exceed $180750 (Funding in an amount ol S20 083 33 \\as included in the 1999 2000 Opuating Budget of the Austin I ire Department Funding tor the remaining eight months ind extension options \\i\\ be contingent upon available funding in fututc budgets ) Low bid/two bids received No MBL/WB1 subcontracting participation Resolution No 000608 18 w tsippro\td 19 Amend Ordinance No 990914 1 the 1999 2000 Operitmg Budget of the Health and Hurmn Services Departments Iravis County Reimbursed I und by accepting and appropriating $356401 in funding from 1 ravis County for pharm icy services for Medical Assistance Program (MAP) enrollees (I he amount of $356 401 from I ravis County to the Travis County Reimbursed Fund ) (Related to item 20) Ordinance No 000608-19 vvis approved 20 Approve Amendment No 4 of a supply agreement with LCKERD HEALTH SERVICES (EHS) Pittsburgh Pennsylvania for the provision of pharmacy set\ices and pharmacy management ior enrollees of the City of Austin and Iravis County Medical Assistance Programs (MAP) to increase the current year contract in an amount not to exceed $565 812 with increases to the three remaining 12month extension options in amounts not to exceed $1 120319 $1 353 386 and $3 708 759 respectively for a total contract amount not to exceed $23 050 373 (Funding in an amount of $209 411 is available in the 1999 2000 Amended Operating Budget for the Health and Human Service Department $3^6 401 is available m the 1999 2000 Amended Iravis County Reimbursement Fund Funding for the extension options increases will be contingent upon available fund in future budgets ) (Related to item 19) Resolution No 000608-20 v\as approved 21 Approve amendment #1 of" the Interlock Cooperation Agreement between the City of Austin Travis County and the Austin Iravis County Mental Health Mental Retardation Center for Substance Abuse Treatment Services to add S138 000 in City funding for the purchase of additional substance abuse treatment and other related behavioral healthcare services for homeless adults and high risk women during the period June 1 2000 through August 31 2000 for a total amount not to exceed $1 201 303 (1 undmg in the amount ot $138 000 is available m the 1999 2000 Amended Operating Budget of the Health ind Human Services Department) Resolution No 000608 21 \\as approved Item 22 was pulled for discussion 23 Approve a resolution authorizing the negotiation and execution of a 5 year forgivable loan in accordance with the Public Facilities Program to Iravis County Children s Advocacy Center Inc 1110 East 32 d Street Austin Texas 78722 in a total imount not to exceed $151 161 for the purpose of an addition and renovation to their present facility (Funding in an amount of $151 161 was included in the 1998 1999 Operating Budget of the Special Revenue Fund of the Neighborhood Housing and Community Development Office (NHCD) for the Community Development Block Grant (CDBG 24 " Year Public Facilities and Improvements ) Resolution No 000608-23 was approved Item 24 v\as pulled for discussion CITYCOUNCII ACFiSDA IljIXF 8, 2000 25 Approve a resolution authon/ing negotiation and execution of an amendment to the agreement \\ith the Center for Mexican American Cultural Arts Inc (CMACA) to allow the City to appoint board members to the CMACA board (No fiscal impact) Resolution No 000608 25 was ipproved 26 Approve a resolution authorizing additional funding foi the professional services agreement \uth CASABELLA + DCL CAMPO &. MARU IOINT~VEN I URE Austin Texas for architectural services for the development oi a Master Plan of the Mexican American Cultural Center in an amount not to exceed $245 000 for d total agreement not to exceed $985 000 (Funding in the amount of $245 000 is available in the 1999 2000 Approved Capital Budget of the Parks &. Recreation Department) 0% MBL 8 56% WBh subcontracting participation Resolution No 000608-26 was approved 27 Approve a resolution authorizing negotiation and execution of an amendment to the agreement with the Center for Mexican American Cultural Arts Inc (CMACA) to extend the agreement for 13 months in an amount not to exceed $56000 for sen ices rendered at the MACE site (Funding is available in the 1996 1997 Amended Capital Budget of the Parks and Recreation Department) Resolution No 000608-27 was approved 28 Approve a resolution authorizing execution of a construction contract with TRAVIS PAVING AND EXCAVATION COMPANY (MBE/MH) Bastrop Texas for traffic calming measures on various city streets within the Highland Neighborhood as part of the Neighborhood Traffic Calming Program in the amount of $147092 (Funding is included in the 1998 1999 Capital Budget of the Department of Public Works and Transportation) Lowest bid/four bids received 89 5% MBE Prime No MBE/WBF subcontracting participation Resolution No 000608-28 was appro\ed Item 29 was pulled for discussion 30 Approve a resolution authon/ing issuance by Northtown Municipal Utility District of Unlimited Tax and Revenue Bonds Series 2000 in an amount not to exceed $2 100 000 approving the terms conditions and covenants of the Bond Resolution Notice of Sale Bid Instructions Form of Bid and the Preliminary Official Statement (No Fiscal impact to the City The City has no responsibility for payment on District bonds unless the District is annexed by the City) (Recommended by Water and Wastewater Commission) Resolution No 000608-30 was approved 31 Amend Ordinance No 990914 1 the 1999 2000 Operating Budget of the Water and Wastewater Utility by increasing budgeted revenues by $5 000 000 and increasing transfers out to the CIP by $5 000 000 Amend Ordinance No 990913 2 the 1999 2000 Capital Budget of the Water and Wastewater Utility by increasing appropriations by $8 500 000 for the purchase of conservation land (Funding in the amount of $3 500 000 is to be issued in November 1998 revenue bonds and $5 000 000 is available from the Water and Wastewater Utility Operating Budget This $5 000 000 is to be repaid to the Utility from the sale of land with conservation easements and private contributions ) Ordinance No 000608-31 was approved Items 32 through 35 were pulled for discussion CIT\ COUNCII AGENDA IUNF 8,2000 i v* I _ 36 Amend Oidmmce No 990914 1 the 19992000 Opeiatmj., Budget of the Gcnenl 1 und by increasing the trmsfei from the Contingency Reseive f u n d by $200000 and mcieasmg the transfer to Support Services by $200 000 Amend the 1999 2000 Operating Budget of the Support Services 1 und by increasing the transfer in from the Gencril I und and expendituies in the Small and Minority Business Resouices Department (DSMBR) by $200 000 to fund an MBE/WBE Availability Study (Funding in the amount of $200 000 is -unlable in the 1999 2000 General Fund Contingency Reserve ) (Related to item 37) Ordmanee No 000608 36 \\as appro\ed 37 Approve a resolution authorizing the negotiation and execution of a professional services agreement with National Economic Research Associates Inc 1015 East 43 d Street Austin Texas for an availability study of minority owned ind women owned businesses in an amount not to exceed $200 000 (Funding in the amount of $200 000 is a\ailable in the 1999 2000 Amended Budget of the Department of Small and Minority Business Resources ) (Related to item 36) Resolution No 000608-37 was approved Items 38 through 41 were pulled for discussion 42 Approve a resolution directing the City Manager to report back to Council in 60 days regarding the feasibility of an engineering or biological solution to the algae bloom problem in Barton Springs Pool (Council Member Daryl Slusher Council Member William Spelman and Council Member Gus Garcia) Resolution No 000608 42 was approved 43 Approve a resolution to apply Green Builder Imtiati\ es to Citv of Austin Construction Projects and developing a plan for initiating the recommendations provided by the Green Builders Task Force with appropriate review by City staff Boards and Commissions (Council Member Gus Garcia and Mayor Pro Tern Jackie Goodman) Resolution No 000608-43 was approved with the following amendment The sixth line, atter the first BE II RESOLVFI), it should read, " be built to the highest LEED certification appropriate without requiring additiouil ippropnations from Council " Item 44 was pulled for discussion 45 Approve a resolution directing the City Manager to initiate a M/WBh Action Plan that includes a new availability study and the incorporation ol recommended amendments to the M/WBE Ordinance (Sponsored by Council Member Willie Lewis Council Member Gus Garcia and Council Member Bill Spelman) Resolution No 000608 45 was approved Items 46 through 55 were Citizen Communications Item 56 was Bond Sales Item 57 was Austin Housing Finance Corporation Item 58 was a Development Review and Inspection time certain item Items 59 through 68 were zoning items CITYCOUiSfH VCEiSDA JlJiSFS, 2000 Items 69 through 72 were public hearings Items 73 through 75 wtrt action items 76 APPO1NIM1 NTS Airport Advisoiv Board Eleanor W Cochran Animal Advisory Commission Karen Medicus M D Austin Community Education Consortium Bruce Bamck Board of Adjustments Wanda Penn Dorothy Richter Laurie Virktis * from alternate slot to permanent slot Community Development Commission Horace Carnngton Sabmo Renteria Library Commission Clifton Griffin Medical Advisory Program Board Dr David Jackson Music Commission Natalie Zoc Parks & Recreation 77 41 Mary Ruth Holder appointment Griffith re appointment Spelman appointment Consensus re appointment alternate Consensus re appointment alternate Consensus appointment permanent* Consensus reappomtment Rosewood Consensus reappomtment Last Austin Consensus re appointment Griffith appointment (dentist seat) Consensus appointment Slusher re appointment Spelman Set a public hearing regarding a proposed boundary adjustment between the City of Austin and the City of Rolhngwood The proposed boundary adjustment covers three tracts totaling approximately 1 34 acres on the south side of Bee Caves Road between Land Creek Cove and Montebello Road (The proposed action will not have a budgetary impact) (Recommended Date and Time June 22 2000 at 6 p m ) Resolution No 000608-77 was approved on Council Member Garcia's motion, Council Member Griffith's second bv a 6 0 vote Council Member Slusher was off the dais Approve a resolution directing the City Manager to have a professional review conducted of the Utility Information Disclosure Resolution (proposed by Austin Energy) (Mayor Pro Tern Jackie Goodman) Resolution No 000608-41 was approved on Mayor Pro Tern Goodman's motion, Council Member Spelman's second by a 7-0 vote Cm COUNCIL AGENDA IUNF 8, 2000 82 Approve i resolution ditecting the City Manager to bring the recommendations ot the Police Oversight Focus Group before the meet ind eonfcr process with the Austin Police Association and to complete a legal tnd management ie\icw of these recommendations (Council Member William Spelman and Council Member Diryl Slusher) Resolution No 000608 82 was approved with a triendlv amendment on Council Member Spelman's motion, Council Member Careia's second b\ a 7-0 vote Council Member Griffith's friendly amendment was to ehange the wording in paragraph 5 to read, to bring in it's entirety " and by iddmg an additional paragraph to read, 'BE IT FURTHER RESOLVFD that the civilian oversight should take the form of an independent monitor and appropriate staff with widespread authority to review the work ot the policy monitor and recommend changes in policies and procedures to the Chief of Police 8 Approve the plan for City departments and functions designated to occupy the New City Hall and the building si?e requirements (Related to items 9 and 10) Resolution No 000608-08 was approved with a friendly amendment on Council Member Lewis' motion, Council Member Griffith's second by a 7-0 vote The friendly amendment by Council Member Slusher was to make sure that as the coffee shop area in the new City Hall is being designed, that there is access for citizens waiting to appear at the Council meeting where the\ can monitor the meeting The motion to reconsider item 8 to illow citizens to speak, was approved on Council Member Garcia's motion, Council Member Griffith's second by a 7-0 vote Resolution No 000608-08 was approved on Council Member Griffith's motion, Council Member Goodman's second bv a 7 0 vote The motion to reconsider item 8 was approved on Council Member Garcia's motion, Council Member Slusher's second b\ a 7-0 vote The motion to approve item 8 with instructions to staff to bring back a design that shows the 4,000 square feet of retail sp ice and how the front of City Hall would look in a schematic design on Council Member Garcia's motion, Council Member Slusher s second bv a 7-0 vote The final decision will be made bj Council as to whether retail space will be allowed Also, that staff look it wavs to blend City Hall in with the retail area without having retail space in Citv Hall 9 Amend the New City Hall and Plaza Project of the 1999 2000 Capital Budget of the Department of Public Works and Transportation of Ordinance No 990913 2 (Related to items 8 and 10) No action required because there were no changes to the budget 10 Subject Declare official intent to reimburse costs related to the New City Hall and Plaza Project (Related to items 8 and 9) No action required because there were no changes to the budget 13 Canvass results of City Municipal Runoff Elections of June 3 2000 Resolution No 000608-13 was approved on Council Member Garcia's motion, Council Member Lewis' second b\ a 7-0 vote CITY COUNCIL AGENDA JUiSF 8, 2000 1 1 Approve a resolution authorizing the nctooti ition and execution ol amendments to the Austin Bergstrom International Airport (Airport) 1 ood and Beverage Concession Lease Agreements with four Disadvantagtd Business Interpiiscs Wallie Ween ot Texas Inc dba Auntie Annes (Auntie Anne s) Armadillo Cafe ^ Cantma Inc (Armadillo) Harlon s Bar B Q Ber^strom IV L I D /Sierra Concessions Joint Venture (Harlon s) and Wok &. Roll of ABIA PX Inc (Wok & Roll) to temporarily suspend minimum annual guaranteed concession fee temporarily revise the rental structure and increase the lease term for the concession (Total revenue is expected to be $241 000 lower than \vould have bttn realized under the original terms of which approximately $80 333 will be in 19992000 1 he 1999 2000 current year revenue estimate will be adjusted to reflect this reduction The remainder of $160 667 will be in 2000 2001 Resolution No 000608-11 was approved with the following amendment on Council Member Garcia's motion, Ma\or Watson's second bv a 7-0 vote The amendment is to change the fiscal note to read, ' Suspending the Minimum Annual Guaranteed Concession Fee (MAGCF) for one year for all concessions in the east concourse Staff and concessionaires will meet prior to the end oi the first year and discuss if extension of the revised rental structure is justified " The dollar amounts in the fiscal note should be changed from $241,000 to $237,000 and from $160,667 to $156,667 22 Approve a resolution authorizing negotiation and execution of an amendment to the November 6 1999 secured grant agreement \\ith LL BUEN PASTOR EARLY CHILDHOOD DEVELOPMENT CENT ER Austin Texas to increase the current grant agreement by $120000 (or a total amount not to exceed $1 121 271 for tht construction of a child care facility in accordance with the Public Facilities Program Guidelines (Funding in an amount of $120000 was included in the 19992000 Operating Budget Special Revenue Fund of the Neighborhood Housing and Community Development Office (NFICD) for the Community De\elopment Block Grant (CDBG 2D Ycai Public Facilities and Improvements ) Resolution No 000608-22 was appro\ed on Council Member Lewis' motion, Council Member Garcia's second b> a 6-0 \ote Council Member Slusher was off the dais 24 Approve a resolution authorizing the Public I acility Program Guidelines for the Neighborhood Housing and Community Development OMice Public Facilities Program and authorize the City Manager to make minor modifications to the guidelines Resolution iSo 000608-24 was approved on Lewis' motion, Council Member Spelman's second by a 6-0 vote Council Member Slusher was off the dais 35 Authorize a resolution authorizing negotiation and execution of an amendment to the existing professional services agreement with RAYMOND CHAN & ASSOCIATES INC (MBE) Austin Texas for additional Phase 2 (design) and Phase 3 (construction management) engineering services for the Crystal Brook I lood Control Project in an amount of 587 218 for a maximum contract amount not to exceed $1 447 218 (Funding m an amount of $87 218 is included in the 1999 2000 Amended Capital Budget ot the Watershed Protection Department) 60 3% MBE Prime, 5 44% MBE, 20 10% WBE subcontracting participation (Recommended by Environmental Board) Resolution No 000608-35 was approved with the following amendment on Council Member Spelman's motion, Council Member Garcia's second by a 7-0 vote Council Member Garcia's was that the content ot the Neighborhood Association's letter be incorporated so that particular provisions will be taken into consideration in design and construction of the le\\ and the wall The amendment was accepted b\ the maker of the motion CITYCOUNCII AONDA 1UNF 8 2000 BRILFING 2 Bennett Iract Status Repoit (Time Certain at 11 00 a m ) The presentations were made by Alice Glasco, Development, Review and Inspection Department and Mr Matt Mathias, representative from Riata Development DISCUSSION I FEMS CON 1JNUED 38 Approve an ordinance amending Chapter 5 7 of the City Code the Citys Minority Owned and Women O\\ned Business Enterprise (MBE/WBL) Procurement Piogram Ordinance No 000608-38 was approved on Council Member Garcia's motion, Council Member I ewis' second b> a 7-0 vote 39 Approve execution of a thirty six month contract with Bonding and Technical Services Inc Austin Texas to provide technical business assistance bonding financing and legal consulting services to Minority and Women Owned Business Enterprises (MBE/WBE) and other small businesses in an amount not to exceed $4674529 with up to two additional twenty four month extension options in an amount not to exceed S3 527 922 per extension for a total amount not to exceed $11 730 373 (Funding in an amount of S27 268 is available in the 1999 2000 Approved Operating Budget of the Aviation Department $112 968 is available in the 1999 2000 Amended Operating Budget of Austin Energy S70 119 is available in the 1999-2000 Approved Operating Budget of the Support Services Fund for the Finance and Administrative Services Department S 136340 is available in the 19992000 Approved Operating Budget of the Water and Wastewatcr Utility $23 373 is available in the 19992000 Approved Operating Budget of the Austin Convention Center $11 686 is available m the 19992000 Approved Operating Budget of the Watushcd Pi election Department and $7 790 is available in the 1000 2000 Approved Opcnting Budget of the Solid Waste Services Department I unding for the remaining 33 months of the original contract period and extension options is contingent upon available funding in future budgets ) Resolution No 000608-39 was appro\ed on Council Member Lewis' motion, Council Member Gareia's second by a 7-0 vote 40 Appro\e an ordinance amending Section 10 1 13 of the City Code the Citys Camping in Public Places ordinance This ordinance was approved on first reading with the following amendments on Mayor Pro Tern Goodman's motion, Council Member Lewis's second by a 7-0 vote The amendment wis to delete C(l), re-number the remaining items, and change the wording on C(3) from " for sleeping" to" as living accommodations " 83 Approve an Ordinance amending Section 161 13 of the City Code relating to driving in bicycle lanes (Council Member William Spelman) Ordinance No 000608-83 was approved on Council Member Spelman's motion, Council Member Griffith's second by a 7-0 vote 78 Approve a resolution directing the City Manager to report back to Council in 60 days with a proposal for long term planning for the Solid Waste Department (Council Member Daryl Slusher and Council Member William Spelman) Resolution No 000608-78 was approved with a friendly amendment on Council Member Slusher's motion, Council Member Spelman's second b\ a 7-0 vote Council Member CITYCOUNCII \O\DA ILiSE 8 2000 Griifith s tnemlK imendment was to add neighborhood representation to the stakeholder list on page 2 #4 This amendment was accepted b\ the maker oi tht motion, and Council Member Sptlman, who seconded the motion 79 Direct the City M mager to bring to Council by August 2000 recommendations !or the adoption of the rate strucluie and recommendations on exempt properties that are contained in the 1993 Drainage Cost ol Service Study and to implement Councils related actions no later than August 2001 (Council Member William Spelman) Resolution No 000608-79 was approved on Council Member Spelman's motion, Council Member Grilfith's second bv a 7-0 vote 80 Add an expiration date of August 31 2001 to Chapter 18 3 ol the City Code regarding the drainage utility (related to resolution on cost of service study) (Council Member William Spelman and Council Member Beverly Griffith) Resolution No 000608-80 was approved on Council Member Spelman's motion, Council Member Gritfith's second by a 7-0 vote The motion to recess the City Council meeting at 12 33 p m and go into Executive Session was approved on Council Member Griffith s motion Mayor Pro Tern Goodman s second by a 7 0 vote EXECUTIVE SESSION The City Council went into Executive Session pursuant to Chapter D51 of the I exas Government Code to receive advice from Legal Counsel to discuss matters of land acquisition litigation and personnel matters as specifically listed on this agenda and to receive advice from Legal Counsel regarding any other item on this agenda 4 Discuss fM Piopcitic^ Operating Co v City of Austin Cause No 98 06S5 in the Supreme Court of Texas (Ihis litigation concerns development regulations applicable in the Barton Springs Zone ) 5 Discuss City of Austin v Lwnbei men s Investment Corporation Cause Number 9913013 pending in the Travis County District Court (Sand Beach Reserve) 6 Discuss acquisition of real property in the Barton Spring Recharge /one Mayor Watson announced that Item 81 would be discussed during Executive Session The Council meeting was reconvened at 2 00 p m 2 00 P M BOND SALES 56 Approve an ordinance authorizing the issuance of approximately SI00 000 000 City of Austin Texas Water and Wastewater System Revenue Refunding Bonds Series 2000 including approval and authorization of all related documents pertaining thereto (No fiscal impact during 1999 2000 The amount of 55 972 222 estimated in the first year debt service requirement and $200 annual fee for the paying agent/registrar will be included in the 2000 2001 Proposed Budget of the Utility Revenue Bond Redemption Fund ) Ordinances No 000608-56A and 000608 56B were approved on Council Member Garcia's motion, Council Member Griffith's seeond bv a 7-0 vote 10 CITYCOUNCII ACFNDA JUNE 8, 2000 1 3 0 P M ClIIZLNCOMMUNICAllONb GENERAL 46 James Allman West Austin LMS Station Veterans at I oster 47 Jennifer L Gale Last chance for the Austin City Council to quit - ABSENI 48 Pat Vails Trelles 49 E J White Animal Issues 50 Kathy Hamilton ABSENI 51 Jim Walker Mueller Oversight Entity Green Building in Austin ABS1 N I 52 Nancy Jensen Case FLAG and the No Kill Millenium DISUCSSION ITEMS CONTINUED 81 Adopt an ordinance providing for the refund of drainage utility charges to certain non residential utility customers (Council Member Wilh im Spelman and Council Member Beverly Griffith) Ordinance No 000608-81 was approved on Council Member Spelman's motion, Council Member Griffith's second by a 7-0 vote 29 Approve Service Extension Request No 1997 for wistewater service not to exceed a peak wet weather tlow of 4 gallons per minute (gpm) for a tnct of approximately / 4 acres owned by I ong Canyon Developers known as the Long Canyon Neighborhood Oflice Building located within the Drinking Water Protection Zone in the extraterritorial jurisdiction of Austin at 7804 Bell Mountain Drive (No fiscal impact) (Recommended by Water and Wastewater Commission) Resolution No 000608 29 was approved on Council Member Spelman's motion, Council Member Garcia's second by a 7-0 \ote BRIEFINGS CONTINUED 3 Evaluation of environmental impacts to Walnut and other creeks of two routing alternatives for State Highway 130 through the City of Austin s jurisdiction (Time Certain at 2 00 p m ) The presentation was made by Nancj McClmtock, Watershed Protection Department The motion to recess the City Council meeting at 3 03 p m was approved on Council Member Spelman s motion Council Member Garcia s second by a 7 0 vote BOARD Oh DIRECTORS MEEI ING OF AUSTIN HOUSING FINANCE CORPORATION A Board meeting of the Austin Housing Finance Corporation (AIIFC) was convened by President Watson at 3 33 p m 11 CIT\ COUNCII AGFNDA JUNE 8, 2000 ^7 Conduct a public, hearing relative to the proposed issumcc of multifamily bonds in an amount not to exceed 39 000 000 tor the development and construction of the Southwest Trails Apartments located at 6300 6450 Hetcher Lane, to be owned and operated by SWA Housing Ltd an athlnte of the Central lexas Mutual Housing Association The public hearing was. closed on Board Member Griffith's motion, Board Member Garcia's second b> a 7-0 vote President Watson adjourned the Austin Housing Finance Committee meeting at 3 55 p m The regular Council meeting was called back to order 3 5 7 p m ZONING CONSENT The following items were acted on by one motion No separate discussion or action occurred on any of the items The consent items were approved on Council Member Le\\is motion Council Member Garcia s second by a 7 0 vote 60 C14 99 2137 Public hearing to amend Chapter 25 2 of the Austin City Code by zoning property locally known as 1280813200 North Lamar Blvd from I RR Interim Rural Residence District to MF3 Multifamily Residence (Medium Density) District zoning Planning Commission Recommendation To grant MF 3 CO Multifamily Residence Medium Density Conditional Overlay Combining District zoning with conditions for Tract 1 and RR Rural Residence District zoning for Tract 2 Applicant FSMK Ranch Ltd (John Scofield) Agent Mmter Joseph & Thornhill (Dorothy Raven) City Staff David Wahlgren 4996455 The first reading of this ordinance was approved 61 C14 00 2010 Public hearing to amend Chapter 25 2 of the Austin City Code by rezoning property locally known as 7400 7800 Southwest Parkway from LO Limited Office District zoning and DR Development Reserve District zoning to RR Rural Residence District zoning Planning Commission Recommendation To grant RR Rural Residence District zoning Applicant Stratus Properties Operating Co LP (John Baker) STRS LLC and Stratus Properties Inc Agent Murfee Engineering Co Inc (Ronee S Gilbert) City Staff David Wahlgren 4996455 (continued from 5/11/00) Ordinance No 000608-61 was approved 62 C14 00 2045 Public hearing to amend Chapter 25 2 of the Austin City Code by rezoning property locally known as 12500 Tomanet Trail from NO Neighborhood Office District zoning to GR Community Commercial District zoning Planning Commission Recommendation To grant GR CO Community Commercial Conditional Overlay Combining District zoning with conditions Applicant Perfect Shirt Inc (Long F Chau) Agent Sara Crocker Consultants (Lena Lund) City Staff David Wahlgren 499 6455 The first reading of this ordinance was approved 63 C14 00 2046 Public hearing to amend Chapter 25 2 of the Austin City Code by rezoning property locally known as the 2800 block of Montopohs Drive from LI Limited Industrial Service District zoning to MF 2 Multifamily Residence Low Density District zoning Planning Commission Recommendation To grant MF 2 Multifamily Residence Low Density District zoning Applicant Bouldin Development Company (Ann White) Agent Urban Design Group (John Noell) City Staff Adam Smith 499 27:o Note A valid petition has been filed in opposition to this rezoning request 12 CITYCOIJiSCU ACFNDA JUNF 8, 2000 *t This item w is postponed until June 22, 2000, at the petitioner's request 65 C14 00 205D Public hearing to amend Chapter 25 2 of the Austin Cit> Code by rc/onmg property locally known is 12024 Vista Parke Drive from R&D PDA Research and Development Planning Development Area Combining District zoning to P Public District zoning Planning Commission Recommend Uion To gnnt P Public District zoning Applicant Condea Vista Company (Cdward Garcia) Agent Pedcinales Electric Cooperative (I homas hlhs) City Staff Katie Lai sen 4993072 Ordinance No 000608-65 \v-is approved 66 C14 00 2059 Public hearing to amend Chapter 25 2 of the Austin City Code by rc/onmg propeity locally known as 1023 West 24th Street from LO Limited Oifice District to MF 6 Multifamily Residence Highest Density District zoning Planning Commission Recommendation lo grant MF 4CO Multifamily Residence Moderate High Density Conditional Overlay Combining District zoning with conditions Applicant Campus & Central Properties (Nick Cochrane) Agent Mike McHone Real Lstate (Mike McIIone) City Staff Katie Larscn 499 3072 This item was postponed until August 3, 2000, at the applicant's request 67 C14 00 2065 Public hearing to amend Chapter 25 2 of the Austin City Code by rezonmg property locally known as 11400 Burnet Road from MI Major Industry District ?onmg to MI PDA Majoi Industry Planned Development Area Combining District zoning Planning Commission Recommendation To grant MI PDA Major Industry Planned Development Area Combining District zoning with conditions Applicant JbR Austin lech Park LP (Jack Spound) Agent Drenner & Stuart LLP (Michele Haussmann) City Staff Clark Patterson 499 2464 Ordinance No 000608 67 was approved 68 C14 00 2070 Public hearing to amend Chapter 25 2 ol the Austin City Code by rczomng property locally known as 8304 Highway 290 East from I RR Interim Rural Residence District to CS CO General Commercial Services District /onmg with conditions Planning Commission Recommendation To yant CS CO Gcncnl Commercial Services Conditional Overlay Combining District zoning with conditions Applicant Travis Christian Assembly Agent Clara W Chen City Staff Katie Larsen 499 3072 Ordinance No 000608-68 was approved ZONING DISCUSSION 64 C14 00 2052 Public hearing to amend Chapter 25 2 of the Austin City Code by rezonmg property locally known 8641 Old Bee Caves Road from RR Rural Residence District zoning to CS CO General Commercial Services Conditional Overlay Combining District zoning Planning Commission Recommendation To grant VV/LO Warehouse Limited Office Conditional Overlay Combining District zoning with conditions Applicant Ed Padgett Co Inc (Ed Padgett) Agent Jim Bennett City Staff Adam Smith 499 2755 The public hearing was elosed on Council Member Slusher's motion, Council Member Spelman's second bv a 6 0 \ote Mayor Watson was oil the dais The first reading of this ordinance was approved with the second reading coming back to Council on August 3, 2000, on Council Member Lewis' motion, Council Member Spelman's second by a S-l vote Mayor Watson was ott the dais Council Member Slusher voted No 13 CITYCOUNC1I U FNDA IljNF 8, 2000 58 C14 99 2024 Home Depot Apprcne third reading of an ordinance amending Chapter 25 2 of the Austin Cit> Code rezonmg property locally known as 3500 3600 South IH 3:> irom GR Community Commercial District zoning and RR Rural Residence District /omng to CS CO General Commercial Sci vices Conditional Overlay Combining District /omng with conditions for Tract 1 GR CO Community Commercial Conditional Overlay Combining District /omng with conditions for Tract 2 and RR CO Rural Residence District zoning with conditions for Tract 3 Hrst reading on May 11 2000 Vote 7 0 Second reading on June 1 2000 Vote 7 0 Applicant S I E 3 : > (Mike Palmer/Charles Ball) Agent Armbrust Brown & Davis LLP (Richard F Suttle Jr) City Staff Adam Smith 4992755 The public hearing was closed on Council Member Spelman's motion, Mayor Pro Tern Goodman's second bv a 7 0 vote Ordinance No 000608-58 was approved on Council Member Slusher's motion, Council Member Griffith's second b> a 7-0 vote 59 C14 86 300 Home Depot Public hearing to amend Chapter 25 2 of the Austin City Code by amending a restrictive covenant for property locally known as 3500 3600 South IH 35 Planning Commission Recommendation To deny the restrictive covenant amendment Applicant STF 35 Agent Armburst Brown & Davis LLP (Richard F Suttle Jr ) City Staff Adam Smith 4992755 (continued from 2/17/00 3/9/00 3/30/00 4/30/00 5/11/00 & 6/8/00) The public hearing was closed on Council Member Spelman's motion Mayor Pro Tern Goodman's second bv a 7 0 vote Ordinance No 000608 59 was approved on Council Member Slusher's motion, Council Member Griffith's second b\ a 7 0 vote PLEASE SFE THE NOTE AT THE END OF THE MINUTES FOR ITEM 59 DISCUSSION ITEMS CONTINUED 32 Declare official intent to reimburse land acquisition costs in the amount of S3 DOO 000 for the Rutherford Ranch I TD J W Wood Westwoods Investments $3 300 000 from November 3 1998 Proposition 8 Conservation Land (S3 500000 for the Water and Wastewater Utility to be funded by the proceeds of debt issuance ) Resolution No 000608-32 was approved on Council Member Garcia's motion, Council Member Spelman's second by a 7-0 vote 33 Authorize negotiation and execution of a contract with RUTHERFORD RANCH LTD a Texas limited partnership by J W Wood through a contract assignment from the Texas Nature Conservancy to purchase 1 739 29 acres in fee located in Hays County betv-een F M 967 and F M 150 along Onion Creek Resolution No 000608-33 was approved on Council Member Garcia's motion, Council Member Spelman's second by a 7-0 vote 34 Authorize negotiation and execution of a Service Agreement for real estate acquisition services from THE TEXAS NATURE CONSERVANCY to protect a portion of the City s water supply for the May 2 1998 Bond Proposition 2 related to the Rutherford Ranch Ltd Acquisition 14 CIT\ COUNCIL ACFNDA IUNE 8, 2000 Resolution No 00060834 «as approved on Council Member Garcn's motion, Council Member Spelman s second b\ a 7 0 \otc 44 Approve an ordmancL naming parkhnd ind a future recreation center on Rundberg Lane in northeast Austin in honor of Council Member Gus Garcia (Recommended by Parks and Recreation Board) (Mayor Kirk Watson and Mayor Pro Fern Jaekie Goodman and Council Member Daryl Slushcr) Ordinance No 000608 44 was approved on Council Member Slushtr's motion, Major Watson's second b> a 7-0 \ote I he motion to recess the meeting at 5 35 p m was approved on Council Member Spelman s motion Council Member Lewis second by a 7 0 vote Mayor Watson called the meeting back to order at 7 41 p m DISCUSSION ITEMS 69 Conduct a public hearing and approve using approximately 18 448 square feet ( 423 acre) of parkland for the construction of an EMS facility on dedicated parkland known as Deep Eddy Park m accordance with Sec 26 001 et seq of the Texas Parks and Wildlife code (All costs associated with parkland restoration \vill be paid by the requester (Emergency Medical Services Department) (Recommended by Parks and Recreation Board) The public hearing was closed on Council Member Carcia's motion, Council Member Lewis' second by a 7-0 \ote 73 Approve using approximately 18 448 squ ut ku ( 423 icre) of paikland for the construction of an EMS facility on dedicated parkland known is Deep Eddy Park in accordance with See 26001 et seq of the Texas Parks and Wildlife code (All costs associated with parkland restoration will be paid by the requester (Emergency Medical Services Department) (Recommended by Parks and Recreation Board) Ordinance No 000608-73 was approved on Council Member Garcia's motion, Council Member Lewis second b\ a 7-0 \ote 70 Conduct a public hearing and approve use of I 193 acres for the construction of South First Street and 32 784 square feet (0 753 acre) foi a drainage use agreement through dedicated parkland known as Mary Moore Seanght Park in accordance with Sec 26001 et seq of the Texas Parks and Wildlife code (Recommended by Parks and Recreation Board) The public hearing was closed on Council Member Griffith's motion, Council Member Garcia's second by a 7-0 vote 74 Approve use of 1 193 acres for the constiuction of South First Street and 32 784 square feet (0 753 acre) for a drainage use agreement thiough dedicated parkland known as Mary Moore Seanght Park in accordance with Sec 26 001 ct seq of the Texas Parks and Wildlife code (Recommended by Parks and Recreation Board) Ordinance No 000608-74 was approved on Council Member Spclman's motion, Council Member Griffith's second by a 7-0 vote 71 Conduct a public hearing to consider an ordinance waiving the notice requirements of Section 25 2841(D) of the City Code approving a poenonthe Town Lake Park Site Plan and establishing applicable development regulations 15 CIT\ COUNC1I ACFNDA ILNE8, 2000 The public hearing \\as closed on Council Member Slusher's motion, Council Member Spelman & second b\ a 7 0 vote 72 Conduct a public hearing for the limited purpose annexation of the Interport tiact (approximately 652 acres at the northeast comer of the intersection of Falwell Lane and S1I 71) The public hearing was closed on Council Member Griffith's motion Council Member Garcia's second by a 7-0 vote 75 Consider an ordinance waiving the notice requirements of Section 25 2 84](D) of the City Code approving the Town Lake Park Site Plan and establishing development regulations applicable to the Town Lake Park area Ordinance No 000608-75 was approved on Council Member Spelman's motion, Council Member Gnitith's second b> a 7-0 vote ADJOURNED at 8 13 p m on Council Member Carcia's motion, Council Member Spelman's second by a 7-0 vote The minutes for Tune 15, 2000 Oath of Office and Regular Meeting of April 20, 2000 and June 8, 2000 were approved on Mayor Pro Tern Goodman's motion, Council Member Slusher's second b\ a 7-0 vote The minutes for the regular meeting of June 8, 2000 »t_rt amended and approved on April 7, 2005 on Council Member Alvarez' motion, Council Member McCracken's second on a 7-0 vote Number 59 was amended to delete the reference to approval oi an ordinance It now reads 59 C14 86 300 Home Depot Public hearing to amend Chapter 25 2 of the Austin City Code by amending a restrictive covenant for property locally known as 3500 3600 South IH 35 Planning Commission Recommendation lo deny the restrictive covenant amendment Applicant S1E35 Agent Armburst Brown & Davis LLP (Richard T Suttle Jr ) City Staff Adam Smith 4992755 (continued from 2/17/00 3/9/00 3/30/00 4/30/00 5/11/00 & 6/8/00) The public hearing was closed on Council Member Spelman's motion, Mayor Pro Tern Goodman's second by a 7-0 vote The motion authorizing the amendment to the restrictive covenant was approved on Council Member Slusher's motion, Council Member Griffith's second by a 7-0 vote 16