MINUTES OF CITY COUNCIL METING DECEMBER 7,2000 Austin City Council MINUTES REGULAR MEETING THURSDAY, DECEMBER 7,2000 The following represents the actions taken by the Austin City Council in the order they occurred during the meeting. While the minutes are not in sequential order, all agenda items were discussed. The City Council of Austin, Texas, convened in a regular meeting on Thursday, December 7, 2000 in the Board Room at Lower Colorado River Authority Hancock Building, 3700 Lake Austin Boulevard. INVOCATION - Rev. Troy J. Bell, Sr., Simpson United Methodist Church. Mayor Watson was called to order at 9:01 a.m. 1. Approval of minutes for regular meeting of November 30, 2000. The minutes for the regular meeting of November 30, 2000 were approved on Mayor Pro Tern Goodman's motion, Council Member Alvarez' second by a 7-0 vote. Items 2 through 4 were briefings. Items 5 through 7 were Executive Session items. CONSENT AGENDA 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 Alvarez' motion, Council Member Wynn's second by a 7-0 vote. Item 8 was pulled for discussion. 9. Cl4-00-2112 - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 13601 and 13605 Ida Ridge Drive and 2700, 2800 and 2900 Century Park Drive (Walnut Creek Watershed) from IP, Industrial Park district zoning to MF-3-CO, Multifamily Residence Medium Density-Conditional Overlay Combining district zoning. First reading on October 26, 2000; Vote: 7-0. Conditions addressed as follows: Conditional overlay incorporates the conditions imposed by City Council at first reading. Applicant: Austin Century Park, Ltd. (William Burrow) and Sage Land Co. Agent: Land Strategies, Inc. (Paul Linehan). City Staff: David Wahlgren, 499-6455. Ordinance No. 001207-09 was approved. Item 10 was pulled for discussion. MINUTES OF CITY COUNCIL METING 2 DECEMBER 7, 2000 11. C14-00-2140 - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as Wells Branch Parkway at Drusilla's Drive (Harris Branch Watershed) from RR, Rural Residence district zoning to SF-4A, Single Family Residence Small Lot district zoning for Tract 1 and RR, Rural Residence district zoning on Tract 2. First reading on September 28, 2000; Vote: 7-0. Conditions addressed as follows: No conditions were imposed by City Council at first reading. Applicant and Agent: Continental Homes of Texas, LP (James Dorney). City Staff: David Wahlgren, 499-6455. Ordinance No. 001207-11 was approved. 12. To set a public hearing to consider a request by Ms. Susan Auler for a waiver from the interim development controls applicable within the area surrounding the Blackwell-Thurman Criminal Justice Center for a proposed administrative and business office use located at 1402 San Antonio Street. (Suggested Date and Time: Thursday, December 14,2000 at 6:00 p.m.) This item was removed from the agenda. 13. To set a public hearing to consider a request by David and Ruth Woollett for a waiver from the interim development controls applicable within the area surrounding the Blackwell-Thurman Criminal Justice Center for a proposed professional office (law office) use located at 1106 San Antonio Street. (Suggested Date and Time: Thursday, December 14,2000 at 6:00 p.m.) Resolution No. 001207-13 was approved. 14. Approve a resolution authorizing the extension of line of duty injury leave at full pay for Fire Department Captain John Butz. (Funding is included in the Fiscal Year 2000-2001 Operating Budget for the Fire Department.) Resolution No. 001207-14 was approved. 15. Approve an ordinance authorizing the transfer, sale and assignment of conduit infrastructure by ZNET of Austin, Inc. to ZNET of Texas, L.P. (Receipt of in-kind compensation, an estimated value of 5750,000.) Ordinance No. 001207-15 was approved. 16. Approve Amendment No. 1 to the Interlocal Cooperation Agreement with Travis County to fund and administer a workforce development contract to increase the amount of the second extension option, for the period of October 1, 2000 through September 30, 2001, at a cost to the city not to exceed $160,000, and to add a third 12-month extension option at a cost to the City not to exceed $672,034 for the October 1, 2001 through September 30, 2002 period, for a total cost to the City in an amount not to exceed $2,512,119. (Funding in the amount of $917,262 was included in the Fiscal Year 2000-2001 Operating Budget for the Health and Human Services Department, Social Services Fund. Funding for the extension option is contingent on availability of funding in future budgets.) Resolution No. 001207-16 was approved. Item 17 was pulled for discussion. 18. Consider an ordinance regarding the vacation of the alley in the 3900 block of Speedway, adjacent to 3901-3917 Avenue D and 3900-3916 Speedway, as requested by Richard T. Suttle on behalf of Hyde Park Baptist Church, Inc., a Texas Non-Profit Corporation. (The amount of $61,164 in revenue will be receipted to the General Fund.) This item was postponed indefinitely. 19. Approve a resolution authorizing execution of a 12-month supply agreement with LONGHORN INTERNATIONAL TRUCKS, LTD., Austin, Texas, for the purchase of captive repair parts for Lodal recycling trucks in an amount not to exceed 5150,000 with two 12-month extension options MINUTES OF CITY COUNCIL METING 3 DECEMBER 7, 2000 in an amount not to exceed 5150,000 per extension for a total contract amount not to exceed $450,000. (Funding in the amount of $125,000 was included in the 2000-2001 Operating Budget for the Fleet Maintenance Fund of the Finance and Administrative Services Department. Funding for the remaining two months of the original contract period and extension options is contingent upon available funding in future budgets.) Resolution No. 001207-19 was approved. 20. Approve a resolution authorizing negotiation and execution of Amendment No. 1 to a professional services agreement with KWR Services, Austin, Texas, to add building commissioning services for the Carver Museum expansion and the Carver Branch Library expansion to the contract, increasing the current year contract in an amount not to exceed $62,000 for a total contract amount not to exceed $99,950 with two 12-month extension options in an amount not to exceed $37,950 per extension for a total contract amount not to exceed $175,850. (Funding was included in the 2000- 2001 Approved Capital Budget of the Parks and Recreation Department ($44,000) and the 2000- 2001 Approved Capital Budget of the Library Department ($18,000).) Resolution No. 001207-20 was approved. 21. Approve a resolution authorizing execution of a 12-month supply agreement with EMERGENCY MEDICAL PRODUCTS, INC., Waukesha, WI, for the purchase of intravenous products in an amount not to exceed $114,439.15 with two 12-month extension options in an amount not to exceed $114,439.15 per extension for a total contract amount not to exceed $343,317.45. (Funding in the amount of $95,365.96 was included in the 2000-2001 Approved Operating Budget of the Emergency Medical Services Department. Funding for the remaining two months of the original contract period and the extension options is contingent upon available funding in future budgets.) Low responsive bid/nine bids received. This contract will be awarded in compliance with the 1996 MBE/WBE Ordinance. No subcontracting opportunities were identified; therefore, no goals were established for this solicitation. Resolution No. 001207-21 was approved. 22. Approve a resolution authorizing execution of a contract with ENTECH SALES AND SERVICE, INC., Austin, Texas, for the purchase and installation of a security system for the South Austin Police Substation in the amount of $87,686. (Funding was included in the 1999-2000 Approved Capital Budget for the Austin Police Department.) Sole source. This contract will be awarded in compliance with the 1996 MBE/WBE Ordinance. No subcontracting opportunities were identified, therefore, no goals were established for this purchase. Resolution No. 001207-22 was approved. 23. Approve a resolution authorizing execution of a purchase option with MARTIN'S UNIFORMS, San Antonio, Texas, for 2,548 additional casual uniform shirts for the Austin firefighters in an amount not to exceed $50,705.20 for a total contract amount not to exceed $81,502.44. (Funding was included in the 2000-2001 Operating Budget of the Fire Department.) Low bid meeting specification/4 bids received Resolution No. 001207-23 was approved. Item #24 was approved but was re-considered later in the meeting. 25. Ratify award of a contract with CAP-TEX INCORPORATED, Austin, Texas, for the purchase of wastewater hauling services for the Water and Wastewater Utility, in an amount not to exceed $98,240. (Funding was included in the 2000-2001 Operating Budget of the Water and Wastewater Utility.) Since this was an emergency service provided directly by the vendor, there were no subcontracting opportunities. (Water and Wastewater Commission Review -12/6/00) Resolution No. 001207-25 was approved. MINUTES OF CITY COUNCIL METING 4 DECEMBER 7, 2000 26. Approve a resolution authorizing execution of a contract with MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC., Austin, Texas, for the purchase of two-way radio equipment for the Austin Police Department (APD) in an amount not to exceed $243,394. (Funding was included in the Local Laws Enforcement Block Grant 2000. $205,629 was included in the 2000-2001 Operating Budget of the Austin Police Department (APD). This contract will be awarded in compliance with the 1996 MBE/WBE Ordinance. There are No opportunities for subcontracting were identified. There were no goals established since there are no known MBE/WBEs certified by Motorola. Resolution No. 001207-26 was approved. 27. Approve a resolution accepting Kwangmyong as a Sister City. (Mayor Kirk Watson, Mayor Pro Tern Jackie Goodman and Council Member Alvarez) Resolution No. 001207-27 was approved. 28. Approve a resolution directing the City Manager to determine the feasibility of placing public artwork, through the Arts in Public Places Program, and coordinated by the Austin Arts commission, to be located on the inside embankment of the Union Pacific Bridge that crosses over South Lamar and 3rd Street.. (Council Member Will Wynn, Mayor Pro Tern Goodman and Council Member Raul Alvarez) Resolution No. 001207-28 was approved. 29. Approve a resolution directing the City Manager to determine the feasibility of constructing a permanent municipal skatepark in a centrally-located City park and report back to Council with a recommendation within 90 days. (Council Member Will Wynn, Council Member Raul Alvarez and Council Member Beverly Griffith) Resolution No. 001207-29 was approved. Items 30 through 37 were Citizen Communications. Items 38 through 41 were zoning items. Items 42 through 45 were public hearings. 46. Bond Oversight Dr. Sterling Lands appointment Consensus (Planning Commission rep.) Building and Fire Code Board of Appeals Alan Schumann re-appointment Consensus Building Standards Tim Hill re-appointment Consensus Mark Rogers re-appointment Consensus Community Development Commission Will Bozeman appointment Griffith Design Commission Rebecca Allmon appointment Consensus Employees Retirement System Elizabeth Gonzales re-appointment Consensus re-appointment re-appointment re-appointment appointment appointment re-appointment re-appointment re-appointment re-appointment appointment re-appointment re-appointment re-appointment appointment re-appointment DECEMBER 7, 2000 Consensus Consensus MINUTES OF CITY COUNCIL METING EMS Quality Assurance Team Dr. Patrick Crocker Dr. Robert Tate Ethics Review Commission Samuel Loughlin Historic Landmark Jane Manaster Liz Garcia-Goins Housing Authority Henry Flores Azie Morton Rita Wanstrom Human Rights Commission James 'link' Hill Meg Ann Sartain Impact Fee Advisory Richard Kallerman HankKidwell William Moore MBE/WBE Commission Warigia Bowman Water & Wastewater Kim McPherson Items 47 through 48 were pulled for discussion. Item 49 through 50 were Citizen Communications Item 51 was a zoning item. 52. Approve a resolution authorizing negotiation and execution of 12 month contracts with John Hall, in an amount not to exceed $75,000, and Clay Pope, in an amount not to exceed $90,000, to provide state representational services for the Water Wastewater Utility and the Solid Waste Services Department. Resolution No. 001207-52 was approved. BRIEFINGS 2. Update on Austin Museum of Art design plans. The presentation was made by Elizabeth Ferrer, Executive Director, and Richard Gluckerman, Architect for Gluckerman and Manor Architectural firm. DISCUSSION ITEMS 10. C14-00-2I20 - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 8331 Tuscany Way (Walnut Creek Watershed) from GR-CO, Community Commercial Service-Conditional Overlay Combining Consensus Consensus Consensus Mayor Mayor Mayor Consnesus Griffith Consensus Consensus Consensus Consensus Consensus MINUTES OF CITY COUNCIL METING 6 DECEMBER 7,2000 district zoning with conditions to LI-CO, Limited Industrial Service-Conditional Overlay Combining district zoning with conditions for Tract 1 and Tract 2. First reading on October 26, 2000; Vote: 7-0. Conditions addressed as follows: Conditional overlay incorporates the conditions imposed by City Council at first reading. Applicant: Midtown 3100, & Donegal Development Corporation (Hunter Barrier); Agent: McGinnis, Lochridge & Kilgore (Bill Bingham). City Staff: Clark Patterson, 499-2464. Ordinance No. 001207-10 was approved with direction to staff to revise minutes from October 26, 2000 to reflect the correct Council action on Council Member Alvarez' motion, Council Member Thomas1 second by a 7-0 vote. S. C14-00-2053 - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 3406 Manchaca Road (West Bouldin Creek Watershed) from SF-3, Family Residence district zoning to MF-3-CO, Multifamily Residence Medium Density-Conditional Overlay Combining district zoning with conditions. First reading on August 31, 2000; Vote: 6-0, Watson off the dais. Conditions met as follows: Conditional overlay incorporates the conditions imposed by City Council at first reading. Property Owner and Applicant: Arcadia Development (William Gietema). Agent: LZT Architects (Herman Thun). City Staff: Adam Smith, 499-2755. (continued from 11/9/00) This item was postponed for one week on on Mayor Pro Tern Goodman's motion, Council Member Slusher's second by a 6-0 vote. Mayor Watson was off the dais. BRIEFINGS CONTINUED 4. Proposed Plan for the Development of the Surface Area of Waller Creek. The presentation was made by Chuck Flink, Greenways, Inc. 3. Waller Creek Flood Bypass Tunnel Project design, cost, schedule and funding issues. The presentation was made by George Oswald, Managing Engineer in Watershed Protection and John Stevens, Director of Finance and Administrative Services. DISCUSSION ITEMS CONTINUED Item #47 was approved with amendments but was re-considered later in the meeting. 17. Approve a resolution authorizing the fee simple acquisition of lots located at 1001, 1005, 1009, 1013, 1017 and 1021 East Cesar Chavez Street, in the City of Austin, Travis County, Texas, owned by Brent Freitag, Inc., for the Terrazas Branch Library Expansion Project, in the amount of $742,072. (Funding is included in the 1999-2000 Amended Capital Budget of the Library Department.) Resolution No. 001207-17 was approved on Council Member Alvarez' motion, Council Member Thomas' second by a 7-0 vote. 24. Approve a resolution authorizing execution of a 12-month service agreement with WASTE MANAGEMENT OF TEXAS, Austin, Texas, to provide roll-off container and disposal service for grit and screenings from wastewater treatment plants for the Water and Wastewater Utility, in an amount not to exceed $110,694 with two 12-month extension options in the amount not to exceed $110,694 per extension, for a total contract amount not to exceed 5332,082. (Funding in the amount of $83,020 is available in the 2000-2001 Approved Operating Budget of the Department Water and Wastewater Utility. Funding for the remaining three months of the original contract period and extension options will be contingent upon available funding in future budgets. Low bid/two bids received. This contract will be awarded in compliance with the 1996 MBE/WBE Ordinance. This is a service that will be provided directly by the vendor. There are no subcontracting opportunities, therefore, no goals were established for this solicitation. (Water and Wastewater Commission Review -12/6/00) MINUTES OF CITY COUNCIL METING 7 DECEMBER 7, 2000 Resolution No. 001207-24 was approved. The motion to re-consider item #24 to allow staff comments was approved on Mayor Pro Tern Goodman's motion, Council Member Alvarez' second by a 7-0 vote. Resolution No. 001207-24 was approved adopting the Commissions' stipulation that any option for renewal of this contract be brought back for Council action was approved on Mayor Pro Tern Goodman's motion, Council Member Alvarez' second by a 7-0 vote. 47. C14-00-2011 - Approve third reading of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning the property bounded by Martin Luther King Boulevard on the north, the Austin and N.W. Railroad Tracks between M.L.K. Boulevard and 12lh Street on the east, East 12th Street on the south, and Chicon Street on the west (Boggy Creek Watershed): To add a NP, Neighborhood Plan combining district to each base zoning district within the property; To permit under NP, Neighborhood Plan combining district the cottage special use, secondary apartment special use, small amnesty and urban home special on any lot in the area. To permit a neighborhood urban center special use for Tract 9. To permit neighborhood mixed use building special use for Tracts 7, S, 11, 12, 13, 14, 18, and 19. To change the base zoning districts on 30 tracts of land from SF-3, Family Residence district; MF- 3, Multifamily Residence Medium Density district; MF-4, Multifamily Residence Moderate Density district; LR, Neighborhood Commercial district; CS, General Commercial Services district; CS-1, Commercial Liquor-Sales district and LI, Limited Industrial Services district zoning to SF-3-NP, Family Residence-Neighborhood Plan Combining district; LR-NP, Neighborhood Commercial -Neighborhood Plan Combining district; P-NP, Public-Neighborhood Plan Combining district; PH-NP, Public-Historic-Neighborhood Plan Combining district and CS-MU-CO-NP, General Commercial Services-Mixed Use-Conditional Overlay-Neighborhood Plan Combining district zoning with conditions. Planning Commission Recommendation: To grant SF-3-NP, Family Residence-Neighborhood Plan Combining district; LR-NP, Neighborhood Commercial- Neighborhood Plan Combining district; P-NP, Public-Neighborhood Plan Combining district; PH- NP, Public-Historic-Neighborhood Plan Combining district and CS-MU-CO-NP, General Commercial Services-Mixed Use-Conditional Overlay-Neighborhood Plan Combining district zoning with conditions. First reading on August 24, 2000; Vote 7-0. Conditions to be met: Conditions imposed by Council at first reading have been addressed. Second reading on November 30, 2000; Vote 7-0. Conditions to be met: Conditions imposed by Council at first reading have been addressed. Applicant: City of Austin, Planning Environmental and Conservation Services Department (Steve Barney, PECSD, 499-6389). Agent: Development Review and Inspection Department (DRID). City Staff: Don Perryman, 499-2786. Ordinance No. 001207-47 was approved with the following amendment on Council Member Thomas' motion, Council Member Alvarez' second by a 7-0 vote. The amendment was to separate the zoning for Ms. Morris' property, located at 1809 Chestnut from this ordinance. The motion to re-consider item #47 to clarify wording on this ordinance was approved on Council Member Thomas* motion, Mayor Pro Tern Goodman's second by a 7-0 vote. Ordinance No. 001207-47 was approved with the following amendment on Council Member Thomas' motion, Mayor Pro Tern Goodman's second by a 7-0 vote. The amendment is to defer action on Ms. Morris' property, which is a portion of Tract #5 for a period of sixty days. A separate ordinance rezoning Ms. Morris' property may be considered by Council at a later date. The motion to recess the Council meeting at 11:14 a.m. was approved on Council Member Griffith's morion, Council Member Slusher's second by a 7-0 vote. MINUTES OF CITY COUNCIL METING 8 DECEMBER 7, 2000 Mayor Watson called the meeting back to order at 11:37 a.m. The motion to recess the Council meeting at 11:40 a.m. and go into Executive Session was approved on Council Member Griffith's motion, Mayor Pro Tern Goodman's second by a 6-0 vote. Council Member Slusher was off the dias. EXECUTIVE SESSION The City Council went into Executive Session, 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 and to receive advice from Legal Counsel regarding any other item on this agenda. 5. Discuss legal issues regarding labor negotiation with the Austin Police Association. 6. Discuss acquisition of real property for Parks and Recreation Department related to the Avery Ranch PUD. 7. Discuss acquisition of real property related to the Barton Springs Clean Drinking Water Project, partially funded by Proposition 2 Bonds and partially by the Water Wastewater Utility. Executive session ended at 12:26 p.m. Mayor Watson called the meeting back to order at 1:31 p.m. 1 ;30 P.M. CITIZEN COMMUNICATIONS: GENERAL 30. Dick Kallerman - Transportation Issues 31. Gus Pena - The City of Austin needs to expedite low income housing, funding for transitional housing. Listen to the will of the people. - ABSENT 32. Pat Brockie - Thank You to Public Works Department 33. Susan Almanza - Stop the land grab of East Austin. Protection of residents and funding for real affordable housing and for small businesses from East Austin before rezoning in East Cesar Chavez Plan area. 34. Robert Donley - Neighborhood Equity 35. Gavino Fernandez - We want a recount of the Cesar Chavez Neighborhood Plan and Update on the Closure of the Holly Power Plant. 36. Jose Quintero 37. Kelley Kochett - Lazarus House/Sanctuary Org 49. Mike Clark-Madison - Zoning Code Enforcement & Public Safety Issues at 1406 Waller Street. 50. Daniel Llanes - Neighborhood Planning - ABSENT The motion to recess the meeting at 2:05 p.m. was approved on Council Member Griffith's motion, Mayor Pro Tern Goodman's second by a 7-0 vote. Mayor Watson called the meeting back to order at 4:00 p.m. ZONING CONSENT All of the following zoning items were acted on by one motion. No separate discussion or action occurred on any of the items. The public hearings were closed and the consent items were approved on Council Member Wynn's motion, Mayor Pro Tern Goodman's second by a 7-0 vote. Item #38 was approved but was re-considered later in the meeting. 39. C14H-00-0012 - Stanley Homestead - Public Hearing to amend Chapter 25-5 of the Austin City Code by rezoning property locally known as 1809 Newton Street Drive Road (East Bouldin Creek MINUTES OF CITY COUNCIL METING 9 DECEMBER 7,2000 Watershed) from SF-3, Family Residence district zoning to SF-3-H, Family Residence-Historic combining district zoning. Planning Commission Recommendation: To grant SF-3-H, Family Residence-Historic combining district zoning. Historic Landmark Commission Recommendation: To grant SF-3-H, Family Residence-Historic combining district zoning. Applicant: James Stockbauer. City Staff: Barbara Stocklin, 499-2414. Ordinance No. 001207-39 was approved. 40. C14-00-2199SH - Public hearing to amend Chapter 25-2 of the Austin City Code by zoning a tract of land at Stoneleigh Place south of Blue Meadow Drive (Onion Creek Watershed) from SF^A- CO, Single Family Residence Small Lot-Conditional Overlay Combining district zoning to SF-4A- CO, Single Family Residence Small Lot-Conditional Overlay Combining district zoning to change a condition of zoning. Planning Commission Recommendation: To Grant SF-4A-CO, Single Family Residence Small Lot Conditional Overlay Combining district zoning with conditions. Applicant: Tramco Properties. Agent: Larry G. Magehce. City Staff: Don Ferryman, 499-2786. The first reading of the ordinance was approved. 41. C14-00-2224 - Temple Beth Israel - Public hearing to amend Chapter 25 of the Austin City Code by rezoning property locally known as 3901 Shoal Creek Boulevard from SF-3, Family Residence district zoning to MF-4-CO, Multifamily Residence Moderate-High Density-Conditional Overlay Combining district zoning. Planning Commission Recommendation: To grant MF-4-CO, Multifamily Residence Moderate- High Density-Conditional Overlay Combining district zoning with conditions. Applicant: Temple Beth Israel (I.B. Hclburn). Agent: Armbrust Brown and Davis (Richard Suttle Jr.). City Staff: Glenn Rhoades, 499-2775. Ordinance No. 001207-41 was approved. ZONING DISCUSSION 51. C14-00-2169 - Public hearing to amend Chapter 25-2 of the Austin City Code by zoning property locally known as 1881 Grove Boulevard 6000 Block of Fairway Street and 1600-1800 Block of Clubview Avenue (Country Club Creek Watershed) from LR, Neighborhood Commercial district zoning and SF-3, Family Residence district zoning to and MF-2-CO, Multifamily Residence Low Density-Conditional Overlay Combining district zoning. Planning Commission Recommendation: To forward this rezoning request without a recommendation. Applicant: Larry K. Yount. Agent: Baker-Aicklen & Associates (John Morrey). City Staff: Adam Smith, 499-2755. (continued from 11/30/00) The public hearing was closed on Council Member Slusher's motion, Mayor Pro Tern Goodman's second by a 7-0 vote. Ordinance No. 001207-51 was approved on Council Member Wynn's motion, Council Member Slusher's second by a 7-0 vote. 38. C14-99-2134 - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 2800 Hoeke Lane Road (Carson Creek Watershed) from SF-2, Single Family Residence Standard Lot district zoning to CS, General Commercial Services district zoning. Planning Commission Recommendation: To grant W/LO-CO, Warehouse Limited Office- Conditional Overlay Combining district zoning with conditions. Property Owner and Applicant: Johnson Fleet Service (Kevin D. Johnson). Agent: Land Answers (Jim Whitliff). City Staff: Michele Rogerson, 499-2308. The first reading of this ordinance was approved. The motion to re-consider item #38 was approved on Mayor Pro Tern Goodman's motion, Council Member Wynn's second by a 7-0 vote. MINUTES OF CITY COUNCIL METING 10 DECEMBER 7, 2000 Ordinance No. 001207-38 was approved on Mayor Pro Tern Goodman's motion, Council Member Griffith's second by a 7-0 vote. The morion to recess the meeting at 5:27 p.m. was approved on Council Member Wynn's motion, Council Member Thomas' second by a 7-0 vote. Mayor Watson called the meeting back to order at 6:05 p.m. DISCUSSION ITEMS CONTINUED 48. Consider a resolution to direct the City Manager to enter negotiations with Stratus Properties, Inc., to discuss the transfer or exchange of development rights from property owned by Stratus Properties, Inc., in southwest Travis County, to city-owned property in the Desired Development Zone, including but not limited to the former Robert Mueller Municipal Airport, and to report back to the City Council on the status of those negotiations in 45 days. (Council Member Daryl Slusher and Council Member Will Wynn). Resolution No. 001207-48 was approved as amended on motion by Council Member Wynn and seconded by Council Member Slusher on a 5-2 vote. Those voting aye were: Mayor Watson, Mayor Pro Tern Goodman, and Council Members Alvarez, Slusher and Wynn. Those voting nay were: Council Members Griffith and Thomas.. The amendment was to revise the Resolution to read as follows: "Whereas, it is the policy of the City of Austin to discourage urbanization of land over the Barton Springs Zone; and Whereas, Stratus Properties, Inc. has significant holdings over the Baton Springs Zone which the company wants to develop; and Whereas, Stratus Properties, Inc. is open to exploring exchanges that would allow them to develop in the desired development zone rather than in the Barton Springs Zone; Now, Therefore, Be it Resolved that the City Council authorizes the City Manager to develop the guidelines for a potential transfer or exchange of property and /or development rights with respect to property owned by Stratus Properties, Inc., in southwest Travis County and city-owned property in the Desired Development Zone (DDZ). Be it further resolved that no agreement shall be executed between the City of Austin and Stratus Properties, Inc. regarding the transfer or exchange of property and/or development rights at the Mueller site until all zoning changes are competed in compliance with the adopted Robert Mueller Municipal Airport Redevelopment and Reuse Plan, and a property valuation of the Mueller property, conducted in accordance with the adopted Robert Mueller Municipal Airport Redevelopment and Reuse Plan, has been completed. The City Manager is directed to report back to the City Council with guidelines that would govern any transfer or exchange of property and/or development rights involving city-owned land in the DDZ. These guidelines should be made available to the public as soon as practicable, but in no case less than three weeks before they are submitted to Council for any action. The City Manager is directed to report back to the City Council with recommended criteria for public infrastructure investments over the Edwards Aquifer. The City Manager is directed to review, with all relevant entities, the existing body of scientific data related to the Edwards Aquifer, and advise the City Council as to what additional information is needed and to give an estimate of the cost of obtaining that information. The City Manager is directed to set up an expedited, open, public process related to any potential transfer or exchange of city-owned property in the DDZ where Planning, Environmental, Water and Wastcwater, Parks, Mueller Implementation, Community Develop and Urban Transportation Commissions/Boards would appoint three people to a review board, and Council would evaluate if the review board has a balance of environmental, business, developer and neighborhood interests. If not, Council will appoint three other board members to achieve that balance. The City Manager will appoint a facilitator to the review board who can manage a large group." MINUTES OF CITY COUNCIL METING 11 DECEMBER 7, 2000 Council Member Griffith's substitute motion, which was seconded by Council Member Thomas, failed on a 2-7 vote. Those voting nay were: Mayor Watson, Mayor Pro Tern Goodman, and Council Members Alvarez, Slusher and Wynn. Those voting aye were: Council Members Griffith and Thomas. Her substitute motion was to approve the original resolution with the following amendments: 1. Establish a professionally facilitated and expedited open, public process including environmental, business, developer and neighborhood interests. 2. Develop a comprehensive scientific study with specific recommendations for preserving Barton Springs and other Edwards Aquifer watersheds. 3. Set criteria for public infrastructure investment (i.e., sewer, roads, etc.) over the Edwards Aquifer. 4. Create guidelines for any potential land swap or development rights transfer for city owned property in the Desired Development Zone. 5. The City Manager is also directed to report back to the Council within 30 days regarding the status of the implementation of these objectives. 43. Conduct a public hearing for the full purpose annexation of the 140 acre Brandt Crossing Tract, located in eastern Travis County approximately .5 miles east of the intersection of IH-35 and E. Slaughter Lane. This item was removed from the agenda at staffs request. The motion to suspend the rules to allow the Council to meet after 10 p.m. was approved on Council Member Slusher's motion, Mayor Pro Tern Goodman's second by a 7-0 vote. 42. Conduct a public hearing to consider the application submitted by Southerncross Ambulance, Inc. for a non-emergency medical transfer franchise under Chapter 6-3 of the City Code. The public hearing was closed on Council Member Wynn's motion, Mayor Pro Tern Goodman's second by a 7-0 vote. 45. Consider an ordinance granting a non-emergency medical transfer franchise for Southerncross Ambulance Inc. under Chapter 6-3 of the City Code. (First Reading) The motion to deny this ordinance was approved on Mayor Pro Tern Goodman's motion, Council Member Griffith's second by a 7-0 vote. 44. Conduct a public hearing to discuss the proposed settlement agreement in Circle C Land Corp. v. City of Austin, Cause No. 97-13994, in the Travis County District Court, including terms and conditions relating to the development of property owned by Stratus Properties in the Circle C Ranch, Lantana, and Barton Creek developments. (This proposal concerns development regulations applicable in the Barton Springs Zone.) This item was postponed. The motion to adjourn the meeting at 11:10 p.m. was approved on Council Member Griffith's motion, Mayor Pro Tern Goodman's second by a 7-0 vote. The minutes for regular meeting of December 7, 2000, and correction to approve minutes of October 26, 2000 were approved on Council Member Wynn's morion, Council Member Alvarez* second by a 7-0 vote.