CITY OF AUSTIN, TEXAS- MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting August 05, 1971 10:00 Α.Μ. Council Chamber, City Hall 766 20 The meeting was called to order with Mayor Butler presiding. Roll call: Present: Councilmen Dryden, Nichols, Love, Lebermann, Handcox, Mayor Absent: Butler Councilman Friedman The Invocation was delivered by Reverend Keith Wright, Faith Presbyterian Church. APPROVAL OF MINUTES Councilman Nichols moved the Council approve the Minutes of the Regular Meeting of July 29, 1971. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Noes: Absent: Councilmen Dryden, Love, Lebermann, Nichols, Handcox, Mayor Butler None Councilman Friedman ZONING HEARINGS The Mayor announced it was 10:00 A.M., and the Council would hear the zoning cases scheduled for public hearing at this time. The Director of Planning reviewed each case, locating them in the area, describing the uses of surrounding properties, and adequacy of streets; CENTRAL TEXAS BUILDERS By Mike Godfrey C14-71-143 7004 Guadalupe St. From "A" Residence to "BB" Residence as recommended by the Planning Commission Councilman Nichols moved the change be granted to "BB" Residence as recommended by the Planning Commission. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Handcox, Mayor Butler Noes: None Absent: Councilman Friedman C つ : C =CITY OF AUSTIN, TEXAS= August 5, 1971 767 The Mayor announced that the change had been granted to "BB" Residence and the City Attorney was instructed to draw the necessary ordinance to cover. CHARLES GOLDMAN 1607 W. 39 St. From "A" Residence to "B" Residence as recommended by the Planning Commission Councilman Nichols moved the change be granted to "B" Residence as recommended by the Planning Commission. The motion, seconded by Councilman Love, carried by the following vote: Councilmen Dryden, Nichols, Love, Lebermann, Handcox, Mayor Ayes: Butler Noes: None Absent: Councilman Friedman The Mayor announced that the change had been granted to "B" Residence and the City Attorney was instructed to draw the necessary ordinance to cover. COOGAN & WALTERS By Benton Coopwood 8771 U.S. Hwy 183 No. From "GR" General Retail, First Height and Area Dist trict to "GR"General Retail Second Height and Area Dis trict as recommended by the Planning Commission for the area of the sign only Councilman Nichols moved the change be granted to "GR" General Retail, Second Height and Area District as recommended by the Planning Commission. The motion, seconded by Councilman Handcox, carried by the following vote: Councilmen Dryden, Nichols, Love, Lebermann, Handcox, Mayor Butler Ayes: Noes: None Absent: Councilman Friedman The Mayor announced that the change had been granted to "GR" General Retail, Second Height and Area District and the City Attorney was instructed to draw the necessary ordinance to cover. - COOGAN & WALTERS By Benton Coopwood 014-71-151 4039 So. Lamar Blvd. From "C", Commercial, First Height and Area Dis- trict to "C" Commercial, Second Height and Area Dis- trict as recommended by the Planning Commission for the area of the sign only ب CITY OF AUSTIN, TEXAS- August 5, 1971 748 Councilman Nichols moved the change be granted to "C" Commercial, Second Height and Area District.as recommended by the Planning Commission. The motion, seconded by Councilman Dryden, carried by the following vote: Councilmen Dryden, Nichols, Love, Lebermann, Handcox, Mayor Ayes: Butler Noes: None Absent: Councilman Friedman The Mayor announced that the change had been granted to "C" Commercial, Second Height and Area District and the City Attorney was instructed to draw the necessary ordinance to cover. W. P. WATTS C14-71-152 108 w. 38th St. From "A" Residence, First Height and Area Dis- trict to "B" Residence, Second Height and Area Dis trict as recommended by the Planning Commission. Councilman Nichols moved the Change be granted to "B" Residence, Second Height and Area District as recommended by the Planning Commission. The motion, seconded by Councilman Handcox, carried by the following vote: Councilmen Dryden, Nichols, Love, Lebermann, Handcox, Mayor Ауев: Butler Noes: None Absent: Councilman Friedman The Mayor announced that the change had been granted to "B" Residence, Second Height and Area District and the City Attorney was instructed to draw the necessary ordinance to cover. 183 LIMITED 600-718 Morrow By James A. Taylor 7600-7848 Guadalupe C14-71-155 519-710 Anderson Ln. 7601-7913 No. Lamar Boulevard From "c" Commercial, First Height and Area District to "C" Commercial, Second Height and Area District as recommended by the Planning Commission Councilman Nichols moved the change be granted to "C" Commercial, Second Height and Area District as recommended by the Planning Commission. The motion, seconded by Councilman Dryden, carried by the following vote: Councilmen Dryden, Nichols, Love, Lebermann, Handcox, Mayor Ayes: Butler Noes: None Absent: Councilman Friedman The Mayor announced that the change had been granted to "C" Commercial, Second Height and Area District and the City Attorney was instructed to draw the necessary ordinance to cover. ))))) CITY OF AUSTIN, TEXAS August 5, 1971 767 Gand M CATERING 3609 So. Congress Ave. From "D" Industrial, SERVICE, INC. By Charles Goodnight C14-71-162 Sixth Height and Area Dis- trict to "C-2" Commercial, Sixth Height and Area Dis- trict as recommended by the Planning Commission Councilman Nichols moved the change be granted to "C-2" Commercial, Sixth Height and Area District as recommended by the Planning Commission, The motion, seconded by Councilman Love, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Handcox, Mayor Butler Noes: None Absent: Councilman Friedman The Mayor announced that the change had been granted to "C-2" Commercial, Sixth Height and Area District and the City Attorney was instructed to draw the necessary ordinance.to cover. - : DAVID BARROW By Bryant Curington C14-71-171 3619-3725 Far West Boulevard From Interim "A", Residence First Height and Area Dis- trict to"GR" General Retail, Second Height and Area Dis- trict as recommended by the Planning Commission Councilman Nichols moved the change be granted to "GR" General Retail, Second Height and Area District as recommended by the Planning Commission, The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Handcox, Mayor Butler Noes: None Absent: Councilman Friedman The Mayor announced that the change had been granted to "GR" General Retail, Second Height and Area District and the City Attorney was instructed to draw the necessary ordinance to cover. CITY OF AUSTIN C14-71-173 Rear 4319 Manor Rd. From "A" Residence to "GR" General Retail as recommended by the Planning Commission. Councilman Nichols moved the change be granted to "GR" General Retail as recommended by the Planning Commission, The motion, seconded by Councilman Love, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Handcox, Mayor Butler Noes: None Absent: Councilman Friedman CITY OF AUSTIN, TEXAS August 5, 1971 770 The Mayor announced that the change had been granted to "GR" General Retail and the City Attorney was instructed to draw the necessary ordinance to cover. C. L. REEVES By Richard Baker C14-71-167 8205-8225 Sam Rayburn Drive From "BB" Residence to "B" Residence as recom- mended by the Planning Commission Councilman Nichols moved that the change be granted to "B" Residence as recommended by the Planning Commission. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Handcox, Mayor Butler Noes: None Absent: Councilman Friedman The Mayor announced that the change had been granted to "B" Residence and the City Attorney was instructed to draw the necessary ordinance to cover. HAZEL NELL CLARK By Dale Ossip Johnson 014-71-137 304 E. 34th St. From "BB"Residence to "B" Residence as recom- mended by the Planning Commission as amended The applicant was represented by Mr. Tim M. Trickey. A Letter was filed July 30, expressing the applicant's willingness to accept the amendment to "B" Residence, First Height and Area District. Mr. A. W. CAIN and MRS. VELMA Ο. MARTIN consequently withdrew opposition. Mr. Cain read a letter of Mr. John Del Curto, stating that he was opposed to any change. It was pointed out by the Planning Director, Mr. Lillie, that apartments could be built there with the present zoning of "BB". Councilman Nichols moved that the change be granted to "B" Residence as recommended by the Planning Commission. The motion, seconded by Councilman Love, carried by the following vote: Councilmen Dryden, Nichols, Love, Lebermann, Handcox, Mayor Butler Ауев: Noes: None Absent: Councilman Friedman The Mayor announced that the change had been granted to "B" Residence District and the City Attorney was instructed to draw the necessary ordinance to. cover. C ☑ C CITY OF AUSTIN, TEXAS August 5, 1971 721 C. BEN HIBBETTS By Larry Huff C14-71-140 1201 W. 34th St. From "C" Commercial, Second Height and Area District to "C-2" Commercial, Second Height and Area District as recommended by the Planning Commission sub- Ject r-o-w on Bailey Lane to be determined by the Public Works Department. Councilman Nichols moved thattthe change be granted to "C-2" Commercial, Second Height and Area District as recommended by the Planning Commission. The motion, seconded by Councilman, Dryden, carried by the following vote: Councilmen Dryden, Nichols, Love, Lebermann, Handcox, Mayor Butler Ayes: Noes: None Absent: Councilman Friedman The Mayor announced that the changed had been granted to "C-2" Commercial, Second Height and Area District and the City Attorney was instructed to draw the necessary ordinance to cover. MRS. LONTE HOPE By A. R. Richey C14-71-142 3812-3818 So. 2nd St. From "A" Residence to "GR" General Retail as recommended by the Planning Commission sub- ject to subdivision, 10' of r-o-w on So. 2nd St., & r-o-w Banister Ln. to be determined by the Public Works Department Councilman Nichols moved that the change be granted to "GR" General Retail as recommended by the Planning Commission. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Noes: Absent: Councilmen Dryden, Nichols, Love, Lebermann, Handcox, Mayor Butler None Councilman Friedman The Mayor announced that the change had been granted to "GR" General Retail and the City Attorney was instructed to draw the necessary ordinance to cover. 1 WALTER CARRINGTON BUILDERS, INC. By Paul D. Jones 014-71-144 808 W. 10th St. From "B" Residence, First Height and Area District to "0" Office, Second Height and Area District as recommended by the Planning Commission subject C U = CITY OF AUSTIN, TEXAS August 5, 1971 772 to r-o-w on W. 10th St. and West Ave. to be determined by the Public Works Department. Councilman Nichols moved that the change be granted to "0" Office, Second Height and Area District as recommended by the Planning Commission. The motion, seconded by Councilman Lebermann, carried by the following vote: Councilmen Dryden, Nichols, Love, Lebermann, Handcox, Mayor Ayes: Noes: Butler None Absent: Councilman Friedman The Mayor announced that the change had been granted to "0" Office, Second Height and Area District and the City Attorney was instructed to draw the necessary ordinance to cover. LEON SCHMIDT, TRUSTEE By Walker Young C14-71-147 8555-8561 U.S. Hwy. 183 From Interim "A" Residence First Height and Area Dis- trict to "C-2" Commercial, Fifth Height and Area Dis- trict as recommended by the Planning Commissión subject to short form sub- division Councilman Nichols moved that the change be granted to "C-2" Commercial, Fifth Height and Area District as recommended by the Planning Commission. The motion, seconded by Councilman Love, carried by the following vote: Councilmen Dryden, Nichols, Love, Lebermann, Handcox, Mayor Butler Ayes: Noes: None Absent: Councilman Friedman The Mayor announced that the change had been granted to "C-2" Commercial, Fifth Height and Area District and the City Attorney was instructed to draw the necessary ordinance to cover. DR. R. V. MURRAY, JR., ET AL By Tommy Thomas 014-71-153 8784-8842 U.S. Hwy 183 1900-1940 & 8701-8739 Peyton Gin Road From Interim "A" Residence First Height and Area Dis- trict to"GR" General Retail, First Height and Area Dis- trict as recommended by the Planning Commission subject to 10' r-o-w on Peyton Gin Road. ! つ つ =CITY OF AUSTIN, TEXAS August 5, 1971 773 Councilman Nichols moved that the change be granted to "GR" General Retail First Height and Area District as recommended by the Planning Commission. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Noes: Absent: Councilmen Dryden, Nichols, Love, Lebermann, Handcox, Mayor Butler None Councilman Friedman The Mayor announced that the change had been granted to "GR" General Retail, First Height and Area District and the City Attorney was instructed to draw the necessary ordinance to cover. JACOBSON, WATSON, CLARK C14-71-154 3500-3508 Guadalupe 600-606 W. 35th St. 601-607 Maidenn Ln. From "C" Commercial, Second Height and Area Dis trict to "C-2" Commercial, Second Height and Area Dis trict as recommended by the Planning Commission subject to 5' r-o-w on W. 35th St. The Director of Planning said the Building sat on the property line; hence the recommendation of the Planning Commission is to delete the right-of-way requirement. Councilman Nichols moved that the change be granted, without the reo-w required, to "C-2" Commercial, Second Height and Area District as recommended by the Planning Commission. The motion, seconded by Councilman Dryden, carried by the following vote: Councilmen Dryden, Nichols, Love, Lebermann, Handcox, Mayor Butler Ayes: Noes: None Absent: Councilman Friedman The Mayor announced that the change had been granted to "C-2" Commercial, Second Height and Area District and the City Attorney was instructed to draw the necessary ordinance to cover. SIDNEY SMITH 014-71-159 1415 W. 51st St. (Zoning legalized the existing Office) From "A" Residence to "0" Office as recommended by the Planning Commission subject to 5' r-o-w on W. 51st St. Councilman Nichols moved that the change be granted to "0" Office District as recommended by the Planning Commission. The motion, seconded by Councilman Love, carried by the following vote: Ауев: Councilmen Dryden, Nichols, Love, Lebermann, Handcox, Mayor Butler C C כככ ப - CITY OF AUSTIN, TEXAS August 5, 1971 Noes: Absent: None Councilman Friedman 774 The Mayor announced that the change had been granted to "0" Office District and the City Attorney was instructed to draw the necessary ordinance to cover. FRANK W. McBEE, JR. 1108-1202 Treadwell By Joe Cummins C14-71-160 From "A" Residence and "C" Commercial to "0" Office as recommended by the Planning Commission subject to short form sub- division. Councilman Nichols moved that the change be granted to "0" Office District as recommended by the Planning Commission. The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Handcox, Mayor Noes: Butler None Absent: Councilman Friedman The Mayor announced that the change had been granted to "O" Office District and the City Attorney was instructed to draw the necessary ordinance. ار J.V. WALDEN By E. H. Smartt C14-71-161 1408-1410 No. Loop Boulevard 5301-5205 Joe Sayers Avenue From "A" Residense to "B" Residence as recommended by the Planning Commission subject to 5' r-o-w on Joe Sayers Ave. and 15' r-o-w on No. Loop Boulevard Councilman Nichols moved that the change be granted to "B" Residence as recommended by the Planning Commission. The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Leberman, Handcox, Mayor Noes: Absent: Butler None Councilman Friedman - L. C. REESE C14-71-172 123-129 Cumberland Rd. 2701-2709 Edens Drive From "A" Residence to "0" Office as recommended by. the Planning Commission subject to 10' of r-o-w on Edens Dr. and 10' of r-o-w on Cumberland Rd. CITY OF AUSTIN. TEXAS August 5, 1971 775 After discussion of widening and improving Edens Drive, Councilman Love moved that the change be granted to "0" Office as recommended by the Planning Commission subject to 5' of r-o-w instead of 10' on Edens. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Noes: Absent: Councilmen Dryden, Nichols, Love, Lebermann, Mayor Butler None Councilman Friedman In Council Room but not Voting: Councilman Handcox The Mayor announced that the change had been granted to "0" Office District subject to 5' of r-o-w instead of 10' on Edens, and the City Attorney was instructed to draw the necessary ordinance to cover. ! ) CCC C WALTER CARRINGTON 900 Rutland 0814-71-001 PLANNED UNIT DEVELOPMENT RECOMMENDED by the Plan- ning Commission subject to departmental requirements with the exception of the landscape plan which is approved as submitted, and the permission of shifting the location of the parking spaces required for serving the recreation building. Councilman Love moved the Council grant the Planned Unit Development as recommended by the Planning Commission. The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Lebermann, Handcox Noes: Absent: None Councilman Friedman Not in Council Room when Roll was called: Councilman Love Present, but not Voting: Mayor Butler (He owns property adjacent) The Mayor announced that the Council had granted the Planned Unit Development and the City Attorney was instructed to draw the necessary ordinance to cover. BAKER, JONES, CROW By Richard Baker 0814-71-003 Rear of 8700-9000 Proposed Loop 360 PLANNED UNIT DEVELOPMENT RECOMMENDED, subject to departmental requirements, with the acceptance of the entrance way as presented by the applicant, by the Planning Commission. Councilman Nichols moved the Council grant the Planned Unit Development as recommended by the Planning Commission. The motion, seconded by Councilman Dryden, carried by the following vote: つ =CITY OF AUSTIN, TEXAS August 5, 1971 776 Ayes: Noes: Absent: Councilmen Dryden, Nichols, Lebermann, Handcox, Mayor Butler None Councilman Friedman Not in Council Room when Roll was called: Councilman Love The Mayor announced the Council had granted the Planned Unit Development and the City Attorney was instructed to draw the necessary ordinance to cover. CATER JOSEPH By Harry Joseph C14-71-088 1200-1204 Ε. 51st. St. From "A" Residence To "B" Residence RECOMMENDED as amended by the Planning Commission Councilman Nichols moved that the change be granted to "B" Residence as recommended by the Planning Commission. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Handcox, Mayor Noes: Absent: Butler None Councilman Friedman The Mayor announced that the change had been granted to "B" Residence and the City Attorney was instructed to draw the necessary ordinance to cover. C. WILLISTON By Philip Overton &Jack Dempsey C14-71-168 1801 No. Lamar Blvd. From "B" Residence 2nd Height & Area Το "0" Office 2nd Height & Area RECOMMENDED by the Planning Commission Councilman Nichols moved that the change be granted to "0" Office and Height and Area as recommended by the Planning Commission, The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Noes: Councilmen Dryden, Nichols, Love, Lebermann, Handcox, Mayor Butler None Absent: Councilman Friedman The Mayor announced that the change had been granted to "0" Office 2nd Height and Area and the City Attorney was instructed to draw the necessary ordinance to cover. - CITY OF AUSTIN, TEXAS- August 5, 1971 777 SID JAGGER 014-71-170 Tract 1 1800-1900 So. IH 35 1217-1305 Woodland Ave. Tract 2 1203-1217 Woodland Ave. From "A" Residence 1st Height & Area To "GR" General Retail 5th Height & Area RECOMMENDED by the Planning Commission To From "A" Residence "B" Residence RECOMMENDED by the Planning Commission subject to special permit and subdivision. Mr. Richard Baker, Attorney for Mr. Sid Jagger, gave a presentation of the tract to be re-zoned at the intersection of Woodland Drive and IH 35, advising the Council of the petition of surrounding land owners in opposition to this zoning, with a stipulation that if the applicant executed a restrictive covenant, requiring a Special Permit of the portion of land which is to be zoned "GR" General Retail, the opposition would withdraw. The Special Permit had not been filed on the "GR" General Retail portion as the use of the front portion of the property has not been determined pending firm lease arrangements. Apartments will be constructed immediately and a Special Per- mit has been approved on that portion of land to be zoned "B" Residence. Mrs. Harriet Buxkemper, 1504 Betty Joe Drive, expressed opposition to bhe apartment construction, stating that 174 units would not be advantageous in this area, as this is a critical area traffic-wise. Mrs. Jean Mather opposed on behalf of abutting property owners, stating the area was well suited for "A" Residential, but the construction of 174 apartments would devaluate the entire area. also expressed by Mr. Haver Curry. Opposition was Councilman Handcox asked if the proposed plan had been exhibited to the neighbors. Mr. Baker reported Mr. Jagger conducted a meeting of the abutting owners and presented the entire plan to the property owners; and this plan was subsequently approved by the Planning Commission, subject to certain departmental restrictions so that the recommendation of the Planning Commission was unanimously voted subject to certain departmental restrictions. Councilman Nichols moved that the zoning be granted "GR" General Retail, Fifth Height and Area on Tract 1 and "B" Residence, on Tract 2 as recommended by the Planning Commission and subject to a restrictive covenant and a Special Permit on Tract 1, as well as a Special Permit on Tract 2, and subject to the conversational agreements made between Mr. Jagger and the Planning Departments. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Noes: Absent: Councilmen Dryden, Nichols, Love, Lebermann, Handcox, Mayor Butler None Councilman Friedman د در ! C ) つ 778 CITY OF AUSTIN, TEXAS August 5, 1971 The Mayor announced that the zoning had been granted to "GR" General Retail, Fifth Height and Area on Tract 1 and "B" Residence on Tract 2 subject to a restrictive covenant and a Special Permit on Tract 1, as well as a Special Permit on Tract 2, and subject to the conversational agreements made between Mr. Jagger and the Planning Departments. ZONING HEARINGS CONTINUED Councilman Nichols moved to continue the following zoning applications until 2:00 P.M., August 19, 1971; RICKER, BROWN, and HASSELL By Tommy Thomas C14-71-138 RUBY SMITH By George E. Smith 014-71-141 EDWARD JOSEPH By Rodney John Williams C14-71-146 BOHLS AND MCCULLICK By Ken Gully C14-71-148 AUSTIN TEACHERS FEDERAL CREDIT UNION By Arthur Amundson C14-71-149 B. J. MASON and JOHN TABOR By Alan Abbe C14-71-156 IRA MOORE By William F. Kemp C14-71-158 7106-7108 Bennett Ave. 919-923 St. Johns Ave. 601-603 Hearn St. 1313 W. 6th St. 310 Blackson Ave. 402-408 Blackson Ave. 606-608 Blackson Ave. 403-407 Delmar Ave. 501-503 Delmar Ave. 602 Denson Drive 2101-2103 Ivy Tr. 2104-2110 Ben White Boulevard 2502 Wilson St. 2431-2433 Durwood St. From "A" Residence To "GR" General Retail NOT Recommended by the Planning Commission From "A" Residence To "B" Residence NOT Recommended by the Planning Commission From "C" Commercial, 2nd Height & Area Το "192" Commercial, 2nd Height & Area NOT Recommended by the Planning Commission From "A" Residence, 1st Height & Area To "B" Residence, 2nd Height & Area NOT recommended by the Planning Commission From "A" Residence To "0" Office NOT Recommended by the Planning Commission From "A" Residence To "GR" General Retail NOT Recommended by the Planning Commission From "B" Residence To "C" Commercial NOT Recommended by the Planning Commission RYLANDER'S FORD VILLAGE By Chas. Avery C14-71-164 =CITY OF AUSTIN, TEXAS August 5, 1971 779 6931-7115 Manchaca Rd. 1806-1818 Matthews Ln. From Interim "A" Residence, 1st Height & Area To "GR" General Retail FOLEY, ET AL C14-71-165 LORETA CARTER By Roane Puett C14-71-169 2000-2004 Melridge Pl. 1201-1207 Bluebonnet Ln. 1200-1204 Bluebonnet In. 4505 Avenue F & 1st Height & Area NOT Recommended by the Planning Commission RECOMMENDED "GR" General Re- tail, lst Height & Area on approximately the northern- most 350 of this tract and "BB" Residence, 1st Height & Area on the balance of the tract, subject to 0 to 5 feet of r-o-w on Manchaca Rd., 5' of r-o-w on Matthews Ln., and 5' of r-o-w on Cannon League Drive. From "A" Residence To "AA" Residence NOT Recommended by the Planning Commission From "A" Residence To "B" Residence NOT Recommended by the Planning Commission The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Noes: Absent: Councilmen Dryden, Nichols, Love, Lebermann, Handcox None Councilman Friedman Not in Council Room when Roll was called: Mayor Butler The Council continued the following zoning hearings until next week until notices of withdrawal are received: WALTER ORR By Ed Fleming 014-71-163 2708 Rio Grande St. From "O" Office 2nd Height & Area To "GR" General Retail 2nd Height & Area NOT Recommended by the Planning Commission ! CCC C CITY OF AUSTIN, TEXAS August 5, 1971 780 DR. THOMAS G. BRADFIELD By W. D. Young 014-71-157 501-603 Stassney In. From Interim "A" Residence To "C" Commercial 1st Height & Area 1st Height & Area NOT Recommended by the Planning Commission RECOMMENDED "LR" Local Retail 1st Height and Area subject to approximately 30 to 40" feet of r-o-w on Stassney Ln. ESTABLISHING OFF-STREET PARKING FOR GRACY TITLE COMPANY Mr. Dick Jordan, Building Inspector, explained the request from the Gracy Title Company for ten customer parking spaces on the northeast corner of Lavaca, stating this type of operation does not deal with the public but merely with its representatives, and ten spaces would be sufficient. He presented a letter from the Lamar Savings Bank indicating its willingness to enter into a lease providing for such parking spaces. During the discussion, Mayor Butler questioned the number of parking spaces since the request would not include employee parking. Mr. Brandt, owner of Gracy Title Company, reported that after negotiations, he was assured of 15 parking spaces. Councilman Love moved the Council vote that a minimum of 15 parking spaces be established especially for customers at the site of Gracy Title Company, with the understanding the employees would be taken care of. The motion, seconded by Councilman Nichols, carried by the following vote: Ауев: Councilmen Dryden, Nichols, Love, Lebermann, Handcox, Mayor Butler Noes: None Absent: Councilman Friedman BUDGET HEARING - 7:30 P.M., AUGUST 26TH Crockett High School Councilman Nichols moved the Council vote to receive the City Manager's Official Budget and set a public hearing at 7:30P.M., August 26th, 1971, at Crockett High School. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Noes: Councilmen Dryden, Nichols, Love, Lebermann, Handcox, Mayor Butler None Absent: Councilman Friedman =CITY OF AUSTIN, TEXAS August 5, 1971 781 ANNEXATION ORDINANCE Mayor Butler introduced the following ordinance for its third reading: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEXATION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 22.85 ACRES OF LAND, SAME BEING PARTLY OUT OF THE WILLIAM CANNON LEAGUE IN TRAVIS COUNTY, TEXAS; WHICH SAID ADDITIONAL TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF AUSTIN, IN PARTICULARS STATED IN THE ORDINANCE. The ordinance was read for its third time and Councilman Nichols moved that it be finally passed. The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Noes: Absent: Councilmen Dryden, Nichols, Lebermann, Handcox, Mayor Butler None Councilman Friedman Not in Council Room when Roll was called: Councilman Love The Mayor announced that the ordinance had been finally passed. ZONING ORDINANCE Mayor Butler introduced the following ordinance: AN ORDINANCE ORDERING A CHANGE IN USE AND CHANGING THE USE MAPS ACCOMPANYING CHAPTER 45 OF THE AUSTIN CITY CODE OF 1967 AS FOLLOWS: LOTS 1 AND 2, WOODWARD INDUSTRIAL DISTRICT NO. 2, LOCALLY KNOWN AS 407 EAST BEN WHITE BOULEVARD, FROM "A" RESIDENCE DISTRICT TO "D" INDUSTRIAL DISTRICT; SAID PROPERTY BEING LOCATED IN AUSTIN, TRAVIS COUNTY, TEXAS; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. Councilman Nichols moved the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance effective immediately. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Noes: Absent: Councilmen Dryden, Nichols, Lebermann, Handcox, Mayor Butler None Councilman Friedman Not in Council Room when Roll was called: Councilman Love The Mayor announed that the ordinance had been finally passed. ) CITY OF AUSTIN, TEXAS August 5, 1971 782 AUTHORITY FOR APPOINTMENTS - ITEM DEFERRED The Council had before it an ordinance empowering the Hospital Board to make all appointments and reappointments to the Medical Staff of Brackenridge Hospital and to determine all issues relating to the limitation of Medical Staff privileges. Councilman Dryden reported that the Hospital Board heard this matter August 4th, and wanted this to be deferred at this time. TERMINATION OF EMPLOYMENT Mayor Butler, on behalf of the entire Council, including Councilman Friedman who is absent today, stated the Council had met in Executive Session and unanimously voted at this Executive Session, 7 to 0 vote, to terminate the employment of Judge Roy Martin as of August 15, and that the Council wanted the Minutes to show this was a unanimous vote, 7 to 0. The City Attorney advised it was proper to take this action in Executive Session, and the City Clerk could be instructed too let the Minutes reflect this action had been taken, showing a 6 to 0 vote, Councilman Friedman having voted affirmatively in Executive Session. ACKNOWLEDGED RECEIPT OF GIFT - AZALEA GARDEN The Director of Recreation, Mr. Sheffield, gave a resume of a gift of $5,300 having been made to the City of Austin to develop an azalea garden in memory of Mrs. Catherine Parr Hamilton. A beautiful garden was developed, and there is a memorial plaque in Mrs. Catherine Parr Hamilton's name right by the Garden Center Building. Mrs. Oates and her family made a contricution of $500 cash, and interest on a note on a home, not to expand but to perpetuate the garden. Councilman Nichols moved the Council vote to receive and acknowledge the gift on behalf of the City of Austin, and that a letter from the Mayor be sent to the donors for this splendid contribution. The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Noes: Absent: Councilmen Dryden, Nichols, Love, Lebermann, Handcox, Mayor Butler None Councilman Friedman ZONING ORDINANCE The Mayor introduced the following ordinance: AN ORDINANCE ORDERING A CHANGE IN USE AND CHANGING THE USE MAPS ACCOMPANYING CHAPTER 45 OF THE AUSTIN CITY CODE OF 1967 AS FOLLOWS: A 6,158 SQUARE FOOT TRACT OF LAND, LOCALLY KNOWN AS 3500-3508 GRADALUPE; 600-606 WEST 35TH STREET; 601607 MAIDEN LANE, FROM "C" COMMERCIAL DISTRICT TO "C-2" COMMERCIAL DISTRICT; SAID PROPERTY BEING LOCATED IN AUSTIN, TRAVIS COUNTY, TEXAS; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON ) ) C 783 CITY OF AUSTIN. TEXAS August 5, 1971 THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. Councilman Nichols moved the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance effective immediately. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Handcox, Mayor Noes: Butler None Absent: Councilman Friedman The Mayor announced that the ordinance had been finally passed. ZONING REQUEST TO BE RE-SET FOR PUBLIC HEARING The Council had before it the request of Mr. Bob Bailey to appear before the Council regarding setting a public hearing for Zoning Case No. C14-71-006 as follows: H. MORRIS STEVENS & JEAN SCHIEFFER By Hubert H. Rossy C14-71-006 4002-4030 Airport Boulevard From "A" Residence To "B" Residence RECOMMENDED by the Planning Commission subject to privacy fencing where the tract abuts single-family residential development and the re- striction of no more than three curb breaks on Air- port Boulevard. Councilman Nichols moved the Council vote that the Zoning Case No. C14-71006 be returned to the Planning Department for consideration. The motion, seconded by Councilman Dryden, carried by the following vote: Councilmen Dryden, Nichols, Love, Lebermann, Handcox, Mayor Butler Ayes: Noes: None Absent: Councilman Friedman FOOT BRIDGES OAKWOOD CEMETERY Councilman Nichols moved the Council vote to instruct the City Manager to remove two of the four existing foot-bridges presently located at Oakwood Cemetery, to Zilker Park, at the suggestion of Mrs. Alden Davis and that the City Clerk be instructed to forward a letter of appreciation to Mrs. Davis. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Lebermann, Handcox, Mayor Butler Noes: None Absent: Councilman Friedman Not in Council Room when Roll was called: Councilman Love CITY OF AUSTIN, TEXAS August 5, 1971 784 The City Manager, in a memo to Mayor Butler, suggested to use the materials of both bridges for the construction of one bridge only. FLOOD MANAGEMENT STUDY Councilman Lebermann moved the Council adopt a resolution implementing a Flood Management Study, proposed by Councilman Lebermann. Councilman Nichols suggested that the Council act upon this matter at the next meeting and to make further recommendations. The motion, seconded by Council Nichols, carried by the following vote: Ayes: Noes: Councilmen Dryden, Nichols, Lebermann, Handcox, Mayor Butler Absent: Councilman Friedman None Not in Council Room when Roll was called: Councilman Love EAST AUSTIN CITIZENS APPEARANCE Mayor Butler opened the afternoon session with a hearing on "Citizen Communications", with particular reference to the fatal incidentt concerning Joe Sedillo, on July 31st. Mr. Gonzalo Barrientos, who had been working on research and recommendations concerning the Police Department, discussed the burglary of a grocery store on Allen Street and the shooting of the youth involved. He referred to the statute, permitting police officers to shoot a person at the location of burglary, and stated that this law was passed in the 1800's and requires a change. He specifically pointed out that citizens of east Austin were no longer willing to "turn the other cheek" and that they would be "no more violent than the police". Mr. Barrientos read a petition, signed by approximately 2,000 citizens, requesting the immediate dismissal of the Police Chief and both officers involved. Mr. Anthony Spear recalled the beating incident of a young girl during the Governor's Inaugural Parade. Mr. Navarro asked that the Council take action to prevent such tragedies in the future. Laura Monti, representing the Austin Socialist Workers Party, also requested the dismissal of Police officials and demanded that the people of east Austin have the authority to hire and fire. Mrs. Mary Daniels asked for the end of police brutality. Steve Russell, a University student, stated that civil court proceedings were not available to the east Austin community due to lack of funds and brought to mind a suit now pending on his behalf, alleging false arrests and harassment by the Austin Police Department. Mr. Larry Jackson asked that a Police Review Board be instituted with representation of all minority groups. He recalled a recent east Austin community meeting at which members of the City Council failed to appear. Mr. Jackson also felt the necessity for Council members to make personal appearances in his area in order to discuss their problems and to establish a better relationship with them. Mr. Edwin Benjamin and Miss Rita Carpenter expressed their opinion and felt that in general treatment of west Austin residents was fairer than that of citizens of east Austin. Mr. Terry Dubose stated that the officers involved in this incident should not be allowed to carry weapons until the completion of an investigation. Mr. Andrew Guerras and Miss Janet Newton also spoke of brutality and felt that Council should take action at this time. Mrs. Sylvia Hendricks suggested a screening of police officers on the force and felt that the Council was "passing the buck". Mrs. Karen Secerns felt that at least one of the Councilmen was elected by the east Austin community, but that cooperation and response should be more effective C : と _ CITY OF AUSTIN, TEXAS August 5, 1971 785 Mayor Butler and Council members indicated that an investigation of the recent incident be conducted and that they will make every effort to achieve a more effective cooperation and understanding with the east Austin Community in the future. SOUTHWEST AUSTIN TAX APPROPRIATION Councilman Nichols suggested that with the increase of the southwest Austin tax value, the Tax Commission should immediately undergo thorough review of this and pointed out that present Council is not responsible for such increase ADJOURNMENT The Council adjourned at 4:50 P.M. ATTEST: Woodley City Clerk APPROVED: Ray Ber Mayor