CITY OF AUSTIN. TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting September 02, 1971 10:00 Α.Μ. Council Chambers, City Hall The meeting was called to order with Mayor Butler presiding. Roll Call; Present: Councilmen Dryden, Nichols, Love, Friedman, Handcox, Mayor Butler Councilman Lebermann Absent: The Invocation was delivered by REVEREND PAUL GROUT, Faith United Methodist Church. APPROVAL OF MINUTES Councilman Nichols moved the Council approve the Minutes of the Regular Meeting of August 26, 1971. The motion, seconded by Councilman Dryden, carried by the following vote: Councilmen Dryden, Nichols, Love, Friedman, Handcox, Mayor Butler Ayes: Noes: None Absent: Councilman Lebermann 845 ZONING REQUESTS The Mayor opened the zoning hearings scheduled for 10:00 A.M. and the Council publicly heard the proponents and opponents present to present their opinions on both sides; and the Council, after much consideration, GRANTED the following zoning applications and instructed the City Attorney to draw the necessary ordinance to effect the zoning: SAM J. HAGE By H. D. Motsenbocker C14-71-176 5900-5908 Manor Rd. 2800-2806 Sweeney Lane From "LR" Local Retail To "GR" General Retail RECOMMENDED by the Planning Commission Councilman Dryden moved the change to "GR" General Retail as recommended by the Planning Commission. The motion, seconded by Councilman Nichols, carried by the following vote: =CITY OF AUSTIN, TEXAS September 2, 1971 846 Ayes: Councilmen Dryden, Nichols, Love, Friedman, Handcox, Mayor Butler Noes: None Absent: Councilman Lebermann 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. At this point COUNCILMAN LEBERMANN entered the Council Chambers. LAVACA ANNEX LIMITED By Robert P. Dunnam C14-71-180 1411-1419 Lavaca St. 219-221 W. 15th St. From "C" Commercial 3rd Height & Area Το "C-2" Commercial 3rd Height & Area RECOMMENDED by the Planning Commission Mr. W. W. Stevens represented the Christian Science Church in opposition. Councilman Nichols moved the change to "C-2" Commercial 3rd Height & Area be granted as recommended by the Planning Commission. The motion, seconded by Councilman Love, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox Mayor Butler Noes: None The Mayor announced that the change had been granted to "C-2" Commercial 3rd Height and Area and the City Attorney was instructed to draw the necessary ordinance to cover. COCA-COLA BOTTLING COMPANY OF FORT WORTH By George D. Van Houten C14-71-182 9416-9612 F.M. 1325 From Interim "A" Residence 1st Height & Area and "D" Industrial 1st Height & Area To "D" Industrial 1st Height & Area RECOMMENDED by the Planning Commission Councilman Dryden moved the change to "D" Industrial ist Height and Area be granted as recommended by the Planning Commission. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None September 2, 1971 847 _ CITY OF AUSTIN, TEXAS The Mayor announced that the change had been granted to "D" Industrial 1st Height and Area and the City Attorney was instructed to draw the necessary ordinance to cover. LAWRENCE FRED GALL C14-71-185 4305 So. 1st St. From "A" Residence Το "GR" General Retail RECOMMENDED by the Planning Commission Councilman Nichols moved the change 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, Friedman, Handcox Mayor Butler Noes: None 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. し JAMES SAMON By Herman L. Baker, Jr. C14-71-187 5418-5422 Manchaca Rd. From "GR" General Retail Το "C-2" Commercial RECOMMENDED by the Planning Commission Councilman Love moved the change to "C-2" Commercial as recommended by the Planning Commission. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the change had been granted to "C-2" Commercial and the City Attorney was instructed to draw the necessary ordinance to cover. DON WEST By Richard Baker C14-71-114 6709-6741 Cooper Ln. 6706-6738 So. 1st St. From Interim "A" Residence To 1st Height & Area "GR" General Retail 1st Height & Area RECOMMENDED by the Planning Commission subject to subdivision Councilman Nichols moved the change to "GR" General Retail 1st Height and Area be granted as recommended by the Planning Commission. The motion, seconded by Councilman Handcox, carried by the following vote: CITY OF AUSTIN, TEXAS September 2, 1973 848 Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the change had been granted to "GR" General Retail 1st Height and Area and the City Attorney was instructed to draw the necessary ordinance to cover. AUSTEX DEVELOPMENT 1201-1401 Rutland Dr. From Interim "A" Residence COMPANY, LTD. 1st Height and Area By W. T. Williams, Jr. C14-71-166 To "GR" General Retail 1st Height and Area "LR" Local Retail 1st Height and Area and "B" Residenct 1st Height and Area (as amended) RECOMMENDED by the Planning Commission as amended subject to the building setbacks and the landscape plan as submitted. Councilman Nichols moved the change to "GR" General Retail lst Height and Area; "LR" Local Retail 1st Height and Area; and "B" Residence 1st Height and Area be granted as recommended by the Planning Commission. The motion, seconded by Councilman Love, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox Noes: None Present but not voting: Mayor Butler as he ownspproperty in the area. The Mayor announced that the change had been granted to "GR" General Retail Ist Height and Area; "LR" Local Retail 1st Height and Area; and "B" Residence 1st Height and Area and the City Attorney was instructed to draw the necessary ordinance to cover. LELAND E. WILLINGHAM C14-71-183 2609-2621 Buell Ave. To From Interim "A" Residence 1st Height and Area "C" Commercial 1st Height and Area RECOMMENDED by the Planning Commission subject to 5' of r-o- on Buell Avenue from the eastern lot. September 2, 1973 849 CITY OF AUSTIN, TEXAS The Director of Planning, Mr. Dick Lillie, reviewed the application thoroughly. Mr. H. Á. Culpepper (8211 Stillwood) was not particularly opposing the zoning, but the uncleanliness of the area. He distributed pictures showing a definite need for a thorough cleaning up, one picture including a chemical toilet on the lot. The City Manager described the unpaved street, and noted heavy traffic, mostly trailer trucks. He said he would investigate and get the area cleaned up. Councilman Love moved the change to "C" Commercial lst Height and Area be granted as recommended by the Planning Commission. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox Mayor Butler Noes: None The Mayor announced that the change had been granted to "C" Commercial lst Height and Area as recommended and the City Attorney was instructed to draw the necessary ordinance to cover. : REX A. FULLERTON By Raymond Campi C14-71-189 7901 Tisdale Dr. 1304-1306 Anderson Ln. し し し From "A" Residence Το "LR" Local Retail RECOMMENDED by the Planning Commission subject to a 5' r-o-w on Anderson Lane. Councilman Handcox moved the change to "LR" Local Retail be granted as recommended by the Planning Commission. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox Mayor Butler Noes: None The Mayor announced that the change had been granted to "LR" Local Retail as recommended and the City Attorney was instructed to draw the necessary ordinance to cover. し CROCKETT HEIGHTS, INC. Tract 1 From Interim "A" Residence 806-837 Stassney Ln. C14-71-191 To 1st Height and Area "GR" General Retail 1st Height and Area Tract.2 From Interim "A" Residence Rear of 806-837 Stassney Lane To 1st Height and Area "BB" Residence 1st Height and Area RECOMMENDED by the Planning Commission subject to privacy ت 850 CITY OF AUSTIN, TEXAS September 2, 1971 fencing where adjoining "A" zoned property; a dedicated 60' street with 44' of paving from Stassney Lane into Tract 2, to be cul-de- saced; the cul-de-sacing of Cherry Park and Cougar Drive to exclude vehicular access to this tract; 20' r-o-w on Stassney Ln. and subdivision. Mr. John Selman agreed to conditions set out except the cul-de-sac on Cougar Drive. Councilman Love moved the change to "GR" General Retail 1st Height and Area on Tract 1; and "BB" Residence 1st Height and Area on Tract 2 be granted as recommended by the Planning Commission with the exception of the cul-de-sac on Cougar Drive. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None Present but not voting: Councilman Nichols The Mayor announced that the change had been granted to "GR" General Retail lst Height and Area on Tract 1; and "BB" Residence 1st Height and Area on Tract 2 as recommended with the exception of the cul-de-sac on Cougar Drive, and the City Attorney was instructed to draw the necessary ordinance to cover. ANDERSON LANE JOINT VENTURE By Maurice Doke & John Selman C14-71-194 Rear of 1908-2104 Anderson Lane From "0" Office Το "GR" General Retail RECOMMENDED by the Planning Commission subject to 64' building set back line on north side; a 6' privacy fence on the north property line; & subdivision. Councilman Nichols moved the change to "GR" General Retail as recommended by the Planning Commission. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the change had been granted to "GR" General Retail as recommended by the Planning Commission and the City Attorney was instructed to draw the necessary ordinance to cover. し ZULA MEDFORD By John Selman C14-71-195 CITY OF AUSTIN, TEXAS 2915 Hampton Road September 2, 1971 From "B" Residence 2nd Height & Area "0" Office 1st Height & Area To RECOMMENDED by the Planning Commission subject to 10' r-o-w on Hampton Road and up to 5' of r-o-w on E. 30th Street. Councilman Nichols moved the change to "0" Office 1st Height and Area as recommended by the Planning Commission subject to a 5' of r-o-w on Hampton Road and up to 5' of r-o-w on E. 30th St. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the change had been granted to "0" Office 1st Height and Area as recommended subject to 5' of r-o-w on Hampton Road and up to 5' of r-o-w on E. 30th Street and the City Attorney was instructed to draw the necessary ordinance to cover. JERRY WALLACE By Tom Watts C14-71-192 Rear of 1102-1208 Rutland Drive From "BB" Residence and "LR" Local Retail "LR" Local Retail To RECOMMENDED by the Planning Commission subject to subdivision and the rollback of zoning of the tract located to the north from "LR" to "BB". Councilman Dryden moved the change to "LR" Local Retail be granted as recommended by the Planning Commission. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox None Noes: Present but not voting: Mayor Butler as he owns property in the area. The Mayor announced that the change had been granted to "LR" Local Retail as recommended by the Planning Commission and the City Attorney was instructed to draw the necessary ordinance to cover. JOE GILBRETH C814-71-04 - 1631-1741 Royal Hill Drive 2800-3018 Parker Ln. PLANNED UNIT DEVELOPMENT RECOMMENDED by the Planning Commission subject to departmental 851 C C CITY OF AUSTIN, TEXAS September 2, 1971 852 requirements and a detailed landscape plan. Councilman Love moved the Council grant the Planned Unit Development as recommended by the Planning Commission. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced the Council had granted the Planned Unit Development as recommended by the Planning Commission and the City Attorney was instructed to draw the necessary ordinance to cover. ESTATE OF E. J. 3911 Red River St. SCHUTZE By Harrison-Wilson- Pearson C14-71-175 From "A" Residence To "B" Residence RECOMMENDED by the Planning Commission subject to short form subdivision.. Councilman Nichols moved the change 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, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the change had been granted to "B" Residence as recommended by the Planning Commission and the City Attorney was instructed to draw the necessary ordinance to cover. C. W. BASQUETTE By John Akin C14-71-177 し From "A" Residence "B" Residence 1801-1811 Ford St. 1800-1906 Goodrich Ave. To NOT Recommended by the Planning Commission RECOMMENDED "BB" subject to 5' of r-o-w on Ford St. and 5' of r-o-w on Goodrich Ave. Councilman Love moved the change to "BB" Residence as recommended by the Planning Commission. The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None =CITY OF AUSTIN, TEXAS- September 2, 1971 853 The Mayor announced that the change had been granted to "BB" Residence as recommended by the Planning Commission and the City Attorney was instructed to draw the necessary ordinance to cover. JESSE MITCHELL C14-71-181 7005 Guadalupe St. From "A" Residence To "B" Residence NOT Recommended by the Planning Commission RECOMMENDED "BB" Mr. Jesse Mitchell, representing himself, did not want the "BB" as recommended by the Planning Commission, as he would be one unit short of what he proposed. Under "B" 14 units could be constructed. Opposition was expressed by Mr. Ray Richey, 7003 Guadalupe, based on inadequate access into this area in that the drive is within three feet of his house; and even the concrete linings are knocked over as people drive out of the duplex. He would not object to other units, if there were a 4' privacy fence or some protection for his property. The Planning Director reported the ordinance requires when parking is adjacent to residential property that a 4' privacy fence be constructed. Mr. Mitchell said he would build a fence 14' from his duplex, to the property line which would be 19' all together. Councilman Nichols moved the change to "BB" Residence 1st Height and Area as recommended by the Planning Commission. The motion, seconded by Councilman Love, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the change had been granted to "BB" Residence 1st Height and Area as recommended by the Planning Commission and the City Attorney was instructed to draw the necessary ordinance to cover. ALLAN SHIVERS, 1507-1511 Houston St. From "BB" Residence ET AL By Dan Felts C14-71-184 To 1st Height & Area "B" Residence 2nd Height & Area NOT Recommended by the Planning Commission RECOMMENDED "B" 1st Height & Area subject to a 64 building setback on the east property line. Mr. Lillie suggested that the condition of the creek bank be worked out with Mr. Graves, Public Works, as well as the Building Official. دد CITY OF AUSTIN, TEXAS September 2, 1971 854 Councilman Nichols moved the change to "B" Residence 1st Height and Area as recommended by the Planning Commission subject to solution of the creek bank problem with a 10' set back as opposed to 64' set back. The motion, seconded by Councilman Love, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the change had been granted to "B" Residence 1st Height and Area as recommended by the Planning Commission subject to a 10' set back as opposed to 64' set back on the east property line, and the City Attorney was instructed to draw the necessary ordinance to cover. MARY LEE SCHOOL & ROBERT L. CRUMP C14-71-188 Tract 1 418 Crockett St. Tract 2 415-419 Crockett St. 2100 Hodges St. From "A" Residence To "B" Residence NOT Recommended by the Planning Commisstion RECOMMENDED "BB" subject to a restrictive covenant for use of boardinghouse facilities, to revert to "A" if this use is discontinued. Councilman Nichols moved the change 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, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the change had been granted to "BB" Residence as recommended by the Planning Commission and the City Attorney was instructed to draw the necessary ordinance to cover. FRITZ BROCKMAN By Glenn Cortez C14-71-193 ZONINGS WITHDRAWN 2106-2110 Anderson Ln. From "A" Residence Το "GR" General Retail NOT Recommended by the Planning Commission RECOMMENDED "GR" except for the northerly portion of the tract from the south r-o- line of North Plains Drive extended to be retained as "A", and subject to 5' r-o-w on Anderson Lane. CITY OF AUSTIN, TEXAS September 2, 1971 855 Mr. Glen Cortez, Attorney for the applicant, was not in agreement with the Planning Commission's recommendation. The Director of Planning reviewed the application, reporting the Commission approved of zoning on the front portion of the tract, but objected to zoning the north area which would permit access from the subdivision into a commercial tract, and commercial traffic then would use minor residential streets. It was recommended to retain "A" on the north prohibiting access from the right of way line on to the west end to the south line of a 30 easement on the east end. Mr. Cortez said this land had been in this family for many years, and is under contract of sale, which requires access to the rear. He said the question is the depth of the "GR" and this access. The access necessary is minimal and is about 10 to 12' between the ditch and property line. The Traffic Department had regarded this as no jamor problem as long as there was 150' on Anderson Lane. Mr. Cortez distributed pictures of the area and proposed access. Across the street there is a large 1300' depth of "GR" zoning, and they are asking for only 300'. A tract immediately east of this property was zoned "GR" this morning. As to the right of way on Anderson Lane, Mr. Cortez said if the sale went through, they would dedicate the right of way. He offered an alternate that a strip of "A" be maintained as there would be a dead area not even good for parking. Mayor Butler stated the point had been brought up in addition to the 5' of "A" Zoning that there be a covenant or guarantee or some instrument so there would not be access there either now or in the future. Mr. Cortez stated he would need to discuss this with his clients. The matter was postponed until the afternoon session. Mr. Cortez, in the afternoon meeting, stated the question was whether or not his client could accept the restriction of access on to the northwest. It is necessary to have this access, and without it, he is unwilling to accept the proposal. Mr. Cortez asked the Council to reconsider and grant the entire area "GR"; or in the alternative grant the north part "B" so that there would be access. Comparisons were made to other shopping centers with two or more accesses, and Councilman Dryden said it would seem most of the traffic from this tract would exit into Anderson Lane, but it would not be impractical that they could be allowed to drive on North Plains. The Planning Director stated the granting of zoning to the north would not prohibit commercial buildings or apartments, with primary access to the residential street. Councilman Love stated this commercial use, exiting traffic into a residential street would be different from those with outlets on IH 35 and Cameron Road, arterials. Mr. Cortez, representing the applicant, stated at this time, he would request permission to withdraw the zoning application. Councilman Handcox moved the case be withdrawn. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Friedman, Handcox, Mayor Butler Noes: None Not in Council Room at roll call: Councilman Lebermann The Mayor announced that the application had been WITHDRAWN. し ردد CITY OF AUSTIN, TEXAS September 2, 1971 856 し AUSTIN NATIONAL BANK By Dan Felts C14-71-190 1000-1002 Catalpa St. 1191-1193 Curve St. From "B" Residence To "C" Commercial NOT Recommended by the Planning Commission Councilman Nichols moved the Council allow the applicant to withdraw his application. The motion, seconded by Councilman Love, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the application had been WITHDRAWN. ZONING APPLICATIONS DENIED The Council publicly heard the following zoning applications; and after thorough discussion and presentations on both sides of the question, voted to deny the following zoning requests: HOWARD D. PRINGLE By Phil Mockford C14-71-186 5605 Montview St. To From "A" Residence "B" Residence RECOMMENDED by the Planning Commission subject to 5' of r-o-w on Montview. 1 The Director of Planning, Mr. Dick Lillie, gave a resume of the application stating that zoning was occuring in the area, and the remainder of the street would go to more intense uses apartments. No one represented the applicant. Mr. Earl Combs, 5600 Montview, opposed, as the interior street was narrow and the lots across the street were not developed desirably. Councilman Dryden stated it does not appear that this street could accomodate a change of zoning. Mrs. John Anderson, with investment property at 5607, favored the zoning. Councilman Nichols moved that the zoning request be granted subject to 5' of right of way. The motion failed to receive a second. Councilman Dryden moved the Council deny the zoning request. The motion, seconded by Councilman Love, carried by the following vote: Ayes: Councilmen Dryden, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: Councilman Nichols The Mayor announced that the change had been DENIED. PAUL BARROWS By William E. Denham, III C14-71-174 3804 Speedway From "B" Residence 2nd Height & Area To "GR" General Retail 2nd Height & Area NOT Recommended by the Planning Commission C し つ =CITY OF AUSTIN, TEXAS: September 2, 1971 857 Councilman Nichols moved the Council deny the zoning request. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the change had been DENIED. C. BEN HIBBETTS C14-71-178 Rear of 1200-1208 Parker Lane Rear of 1705-1717 Riverside Dr. From "LR" Local Retail 2nd Height & Area Το "C-2" Commercial 2nd Height & Area NOT Recommended by the Planning Commission Councilman Love moved the Council deny the zoning request. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the change had been DENIED. COLORADO HILLS ESTATES, INC. By Tom Watts C14-71-196 Rear of 1862-1932 Burton Drive From Interim "A" Residence 1st Height & Area To: "BB" Residence 1st Height & Area (as amended) NOT Recommended by the Planning Commission as amended. Mayor Butler announced there was a letter asking this be withdrawn, and that the application be amended and presented later. not agreeable to the withdrawal of this application. be heard. Those in opposition were The case was then called to ; Mr. Eugene Nelson lead the opposition. The Director of Planning gave a history of the development of the area in line with amendments of the Master Plan from low density to medium density, to permit apartment uses, and subsequent requests for zoning changes on adjoining land, plus filing of subdivision plats: and amendments. The Planning Commission, when the zoning of this application and special permit came before it, reflected back on the earlier commitment between the property owners and the land owners in the subdivision, noting that the conditions had not changed, the commitment was sill valid, and then recommended denial of the request. The special permit is being held pending zoning. Mr. Tom Watts, representing the applicants, outlined the presentations before the various Planning entities, in obtaining approval of the revised し - CITY OF AUSTIN, TEXAS- September 2, 1971 858 preliminary plan. The owner in obtaining the original "BB" had written the property owners a letter committing himself to a tier of duplex lots along the boundary of the existing subdivision. Mr. Dobson can develop duplexes or town houses on the land backing up to these lots. Mr. Watts was willing, if necessary, to amend the application to accomplish alternatesTo go back to the Planning Commission with the original application, or Amending this application to provide a 100-110 strip of "A", with an access through the culde-sac or a dedication street, or To bring in a planned Unit Development, using "BB" uses on portions zoned "BB" and providing duplex uses on the "A". In closing, Mr. Watts outlined again the alternate, describing the area from which a 60' street would be taken; and leaving a strip 110' deep for duplexes. He asked for approval as requested; or to permit the amending of the area where there would be only 110' to send the matter back to the Commission or to work with Mr. Nelson and others further and arrive at something agreeable or withdraw the request. Mr. Nelson recalled 20 angry opponents appeared to protest when this was before the Zoning Board, but they could not be present today. Colorado Hills was developed under low density, and it was anticipated this area would continue in that type of development. These $30 - $45,000 homes now are in a noose of apartments. He referred to the compromise with Mr. Dobson, and read the letter of December, 1969, to the Council from Mr. Dobson, regarding the creation of a buffer strip on the northern most portion of the 5.7 acres all the way across to be designated for duplexes and town houses, and the remainder to be for apartments. -- Under consideration also was the agreement of the neighbors and the Planning Commission of December 17, 1969. The influence of the apartments on the plateau will affect all of the people adversely. After consideration, Councilman Dryden moved the Council deny the zoning The motion, seconded by Councilman Friedman, carried by the following request. vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Mayor Butler Noes: None Not in Council Room at roll call: Councilman Handcox The Mayor announced that the change had been DENIED. ZONING APPLICATION POSTPONED The Council postponed the following zoning application for one week, until September 9, 1971: J. G. WEBSTER, JR. C14-71-179 2404 Winsted Ln. From "A" Residence To "BB" Residence NOT Recommended し September 2, 1971. 859 = CITY OF AUSTIN, TEXAS HEARING ON APPEAL BY MR. DON SEARS REGARDING SECURITY GUARD LICENSE At 11:00 A.M., Mr. Don Sears was scheduled for a hearing to appeal the decision of the Chief of Police in the rejection of a Security Guard License. The notice of this hearing, mailed to Mr. Sears, was returned "unclaimed", and the known telephone number was reported as "out of service". Councilman Dryden moved the Council vote that the request be denied, and that the record reflect that the report of the Chief of Police had been filed with the City Clerk for evidence in this hearing. The motion, seconded by Councilman Love, carried by the following vote. Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None ACQUISITION OF LAND - MO-PAC Councilman Nichols moved the Council adopt a resolution authorizing the acquisition of certain land for the MoPac Expressway - Phase 4 as follows: - 31 Margranita Crescent W. R. Walker, et ux - (Partial Açquisition; Average of Appraisals is $3,121.00) The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None Councilman Nichols moved the Council adopt a resolution authorizing the acquisition of certain land for the MoPac Expressway Phase 4 - as follows: } 2517 Winsted Lane Thomas C. Wommack, et ux (Partial Acquisition; Recommended value is $2,430.00) The motion, seconded by Councilman Handcox, carried by the following wote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None し Councilman Nichols moved the Council adopt a resolution authorizing the acquisition of certain land for the MoPac Expressway - Phase 4 as follows: - 3002 Funston S. F. Sanderson, et ux - (Partial Acquisition; Recommended value is $695.00) The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None September 2, 1971 860 し C =CITY OF AUSTIN, TEXAS CITY'S SHARE OF ACQUISITION COSTS + Councilman Dryden moved the Council authorize payment to Travis County for the City's share of acquisition costs in the amount of $12,741.30, for Parcel 87, Loop 360. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Couricilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None ACQUISITION OF LAND FOR BRACKENRIDGE HOSPITAL EXPANSION Councilman Dryden moved the Council authorize the acquisition of the following land for the Brackenridge Hospital Expansion Project as follows: 1306-1818 Red River Street (Average of appraisals is $109,165.00) (2 Parcels) vote: (C. R. Hamilton and Walter L. Bartosh) The motion, seconded by Councilman Nichols, carried by the following Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None ت Mrs. Reed Bock was interested in the improvements on here property at 1316 Red River, requesting that the building known as the Antique Exchange at 1316 Red River not be demolished for a period of 90 days, that the City Manager be instructed to preserve the building in its present status and that it not be vandalized but kept locked. She had a proposal for the building for the city as a whole. The City Manager stated the 90 day extension posed no problem, but the building would be vacant and subject to vandalism. Mrs. Bock wanted assurance of funds, which hinge on the Parks and Recreation reaction. It was pointed out the Recreation Budget had already been considered, and this activity was not included. Councilman Dryden wanted clarification of the request that the Parks and Recreation Department purchase the building and move it to 12th and Red River. The Council informally agreed to Mrs. Bock's request for a 90 day extension on this building. :. SOUTHWESTERN BELL TELEPHONE COMPANY EASEMENT AUTHORIZED : Councilman Nichols moved the Council adopt a resolution authorizing an easement for Southwestern Bell Telephone Company Company across across City owned property at the southwest corner of West 1st Street and Congress, Avenue. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None C CONTRACT 861 CITY OF AUSTIN, TEXAS September 2, 1971 TEXAS WATER DEVELOPMENT BOARD Mr. Curtis Johnson explained these analyses are chemical as opposed to bacteriological analyses. The Water Development Board would have no program applicable in this area for these bacteriological analyses. Mr. Johnson, Assistant Director of Water and Waste Water, gave schedules for the sampling at the water plants as well as on Town Lake. In answer to Councilman Nichols' inquiry, Mr. Johnson stated these bacteriological samplings would register pollution. Five samples per week are taken that will give the bacteria content plus four additional samples per week that also would give the bacterial content. This schedule has been in effect about three years. Mr. Burman, local Sierra Club, questioned the quality of water in Town Lake in that it was of low quality, and he contended it to be unwise to spend money other than sampling the creeks to determine where the pollution came from. Councilman Love moved the Council adopt a resolution authorizing the City Manager to enter into a certain co-operative contract between the City of Austin and Texas Water Development Board in the amount of $1,464.00 for a program of water analysis. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Love, Nichols, Lebermann, Handcox, Mayor Butler Noes: None Not in Council Room when Roll was called: Councilman Friedman REPORTS ON CONDITION OF TWON LAKE AND LAKE TRAVIS Councilman Lebermann reported that on Lake Austin, from an area near Westwood Club, to about 500 yards up the lake towards Mansfield Dam, there was an odor as coming from an open sewer. Mr. Johnson, Director of Water and Waste Water, stated he would check on this immediately. Mayor Butler reported in Town Lake there was a terrible amount of flotsam, and suggested getting a crew to clean it up quickly. The City Manager said he would proceed with haste, and noted the rains had really filled the lake with weeks, trees, boards, and other debris. 1971-72 BUDGET The Council set the following dates for reviewing the 1971-72 Budget: 6:30 Ρ.Μ., Tuesday, Sept. 7 Department Heads 6:30 P.M., Wednesday, Sept. 8 Council Study - CONTRACTS AWARDED Councilman Nichols moved the Council adopt a resolution awarding the following contract: MILLER CONCRETE, INC. For miscellaneous drainage improvements in three locations: Shoal Creek Blvd., F. M. 1325 and Colorado Street Alley, し CITY OF AUSTIN, TEXAS September 2, 1971 862 Contract 71-Db-119 $13,113.20. (30 working days for completion; Engineer's estimate: $13,000.00; Capital Improvement Program) The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Noes: Councilmen Dryden, Nichols, Friedman, Handcox, Mayor Butler None Not in Council Room when Roll was called: Councilmen Love and Lebermann Councilman Dryden moved the Council adopt a resoltuion awarding the following contract: ALLIED PAINTING COMPANY - J For the renovation of Brackenridge Hospital School of Nursing Councilman Dryden asked that the contract regarding Brackenridge Hospital be brought up before the Council at this time. Councilman Nichols had some inquiries to make -- (1) who is the Allied Painting Company, and (2) why Allied Painting Company should involve themselves in electric wiring,etc. The Director of Construction Engineering, Mr. Al Eldridge, explained the specifications were so designed, that also as electrical contractor could have obtained a painting sub-contractor. He said Allied Painting Company had done good work, is an Austin based contractor, and can make bond. Mr. Eldridge stated he would get the name of the owner of Allied Painting Company. The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Councilmen Dryden, Love, Lebermann, Friedman, Mayor Butler Noes: Councilman Nichols (until he knew the name of the owner) Not in Council Room when Roll was called: Councilman Handcox The Council recessed until 2:00 Ρ.Μ. The Council resumed its business at 2:00 P.M. ANNEXATION ORDINANCE - PASSAGE DEFERRED The Council deferred until September 16th, 1971, the final passage of the following annexation ordinance: 39.5 acres of land, more or less, out of the Theodore Bissel Survey - unplatted land and a part of Jones Road. (initiated by City) The City Attorney reported that Sunset Valley, in order to assure the property owners that there would be no apartment development, does not wish to release all of the area which is being requested for annexation. し -CITY OF AUSTIN, TEXASSeptember 2, 1971 863 VACATING PORTION OF SCENIC DRIVE The City Manager explained the request of Mr. John D. Byram, to vacate a portion of Scenic Drive. He suggested considering this seriously and perhaps issuing a license for a fence rather than vacating half of a 50' street. Mr. Sam Perry represented Mr. Byram, and outlined his plans for building access to the dock facilities, fincing and landscaping. Mr. Byram would provide an agreement that any time the Council wanted the area back, the owner would have to rededicate and reconvey the area. Also Mr. Byram will pay taxes on the vacated portion. The City Attorney and City Manager recommended a license agreement, authorizing temporary use until the City might need the area, at which time the owner would remove all improvements within 30 days. The City Attorney stated it could be stipulated that taxes would be paid on the property. Councilman Nichols moved the Council adopt a resolution instructing the City Manager and City Attorney to draw the license agreement to accomplish what the Council had been discussing here. The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None ! | し 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: LOT A, SOCIETY HILL SUBDIVISION, LOCALLY KNOWN AS 35153607 SPICEWOOD SPRINGS ROAD, FROM INTERIM "A" RESIDENCE DISTRICT TO "BB" RESIDENCE 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. (Dr. Mark Kleiman, Miss Blossom Podolnick, and Harry High -- C14-71-130) 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: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Ayes: Noes: None The Mayor announced that the ordinance had been finally passed. ENFORCEMENT OF LEASH LAW Dr. G. D. Carnes, spokesman for a number of guide-dog users, asked for rigorous enforcement of the leash ordinance, He listed the problems posed by the loose dogs, the possibility of a Rabies epidemic, and stated the present procedure makes it difficult to secure protection from these loose dogs. He believed many people are not aware of any leash ordinance, and suggested that something more active than at present be done with lots of publicity affirming that there is a law and that is to be enforced. People riding bicycles carry ammonia and water i C 864 CITY OF AUSTIN, TEXAS September 2, 1971 guns for protection and the dog problem is growing worse. He urged the Council to take action and rigorously enforce the law. The City Manager, Mr. Andrews, gave a report of the recent proposal. He said out of 30,000 dogs only 7,000 were licensed, and this indicated a lack of education of the owners. Included in the Budget for Council approval are two additional units for dog control. Animal Control Wardens will be in uniform and will have refressher courses in this work. A part time Veterinarian will be on hand to check for rabies at the Shelter. The Public Information Officer is working on this matter and part of the educational program will be advice as to where the public could obtain licenses. There will be a new radio frequency for the cars. With expansion of the Shelter within a few weeks, the ordinance could be enforced. Councilman Nichols suggested that the maximum fine be applied to violations of this ordinance. He believed if this $200 fine were set, the dogs would be taken care of. It was suggested by members of the Council that warnings be given that the Ordinance is to be enforced using a $200.00 fine. TAX APPEAL TO BE HEARD 11:00 Α.Μ. SEPTEMBER 9, 1971 Councilman Nichols moved the Council set the tax appeal of Mr. Charles E. Nemir to be heard at approximately 11:00 A.M., September 9, 1971. (Parcel Numbers 2-1502-0902 and 2-1502-0903). The motion, seconded by Councilman Love, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None REQUEST FOR A FIRE PROTECTION CONTRACT WITH CITY FOR UNANNEXED PROPERTY The City Manager, Mr. Andrews, suggested since Mr. Arthur R. Tieman had requested annexation, the Council might ask him to pay full taxes for this service, as though he were annexed. Councilman Nichols moved the Council authorize the City Manager to enter into a Fire Protection Agreement with Mr. Arthur R. Tieman; the pay shall be determined as the equal of taxes, and the charge shall be determined by Mr. Klitgarrd, Tax Assessor, appraising the property in his normal method of doing business, and whatever the taxes would be, that would be the amount of the Fire Protection contract. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None ESTABLISHING NEW TIME PERIODS FOR VARIOUS SCHOOLS The Traffic Engineer reported there was a change in hours at specific schools, and he was requesting that the Ordinance be amended to provide for these changes. Mayor Butler introduced the following ordinance: し در _ CITY OF AUSTIN, TEXAS September 2, 1971 865 2. AN ORDINANCE AMENDING SECTION 21-41 OF THE AUSTIN CITY CODE OF 1967, BY CHANGING THE TIMES DURING WHICH CERTAIN MAXIMUM PRIMA FACIE SPEED LIMITS ARE IN EFFECT AND BY ADDING PORTIONS OF CERTAIN STREETS UPON WHICH CERTAIN MAXIMUM PRIMA FACIE SPEED LIMITS ARE ESTABLISHED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; DECLARING AN EMERGENCY; AND DECLARING AN EFFECTIVE DATE. After discussion, Councilman Handcox moved the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance effective immediately for the following schools: Hill School Zilker School Pecan Springs School Odom School Barrington School Winn School Allison School Andrews School The motion, seconded by Councilman Love, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the ordinance had been finally passed. OFF STREET PARKING REGULATIONS The City Manager, Mr. Andrews, reported the "down town area" would be reduced, and a procedure which would apply throughout the City would be established. The new "down town area" would be 20% of the other regulations. The area proposed is 150' south of 1st street to 11th street. The Building Official stated this is a highly congested area where parking garages are provided to a certain extent; and if 20% of the required amount is provided there is some customer and employee parking. In answer to Councilman Nichols' inquiry, the Building Official said he would prefer to see "no parking" in the area, stating most of the business is walk-in traffic; and with the present facilities, he believed the available parking would be sufficient. After discussion, Councilman Nichols moved the Council vote that in the area of 150' south of 1st Street to 11th Street, and from Lavaca Street to San Jacinto, that the off street parking regulations be waived. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None It was stated an ordinance would be brought in to delete the portion from the present ordinance, and to include the appeal to the Board of Adjustment. The Building Official said two more requests would be forthcoming at the next Council meeting. The Educational Building on East 7th, and one at 2708 Guadalupe. CITY OF AUSTIN, TEXAS 8حام September 2, 1971 Councilman Dryden noted the off street parking requirement was being changed, and he recalled recently the Council asked Gracy Title Company to provide a certain number of spaces, and since it is the same area, the Council should let them know about this change. Councilman Dryden moved the Council vote that Gracy Title Company be advised that they would be required to comply only with the recommendations of the new ordinance. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Dryden, Love, Nichols, Lebermann, Friedman, Handcox, Noes: None Mayor Butler Mayor Butler noted that people do quite a bit of construction before they come to the Council for a zoning change. As to personnel to check these cases, the Building Official, Mr. Dick Jordan, said he was asking for five additional people in the 1971-72 Budget. REVISION TO SHUTTLE BUS ROUTES TRANSPORTATION ENTERPRISES, INC. The Director of Traffic and Transportation, Mr. Joe Ternus, stated he had met with the Student-Faculty Shuttle Bus Committee, concerning these routes, and he reviewed the various routes of the shuttle bus service. Mr. Dan Felts represented Transportation Enterprises, Inc. Discussion began with the Company's not following the closed door policy, and picking up passengers at various locations not designated in the Shuttle Bus Route. Mr. Felts was not aware of a provision in the ordinance specifying the stops or the closed door policy. He stated they would not be picking up any where along the intermediate routes. It was not their purpose to serve between points along the Expressway. He did not think the Company had been in violation of the ordinance; once a passenger boarded the bus, he would be discharged at the University. The City Manager, Mr. Andrews, stated he was coming back to the Council with a report on this matter. In regard to violations, Mr. Felts stated he would being this to the attention of the owners, but he did not know of any provision prohibiting a student on Speedway from boarding the bus and being discharged at the University. Mr. Felts asked that the Council act on the limited question on whether or not to extend this route that is on Route "8" and postpone until information can be assimilated about a closed door policy on the routes. Councilman Dryden suggested taking action on what was before the Council today. On the other items, he stated that Mr. Felts should be more informed and meet with Mr. Andrews who has information on which Mr. Felts is not informed and get these things corrected. Mr. Jobe Nelley, Student Faculty, stated it was their decision to ask T.E.Ι. to amend their franchise with the City to take in the Parker Lane area, Woodland down Royal Crest to Riverside. Councilman Nichols stated he would delete the Speedway area from his motion with the idea that this route will not be in operation. If this were acted upon today, he thought the closed door policy should be acted upon. つ 84% CITY OF AUSTIN, TEXAS September 2, 1971 After lengthy discussion, Councilman Nichols moved that on Area "8" the right be granted to Transportation Enterprises, Inc., to extend the services, now marked in red which is the Elmont Drive area; but between these areas and the University of Texas, they shall observe the ordinance and shall maintain a closed door policy. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None Councilman Friedman moved that the Council grant permission to Transportation Enterprises, Inc., to run the shuttle bus services on Routes "0", "4", and "7", pending further discussion on the closed door policy. The motion, seconded by Councilman Nichols (with the idea two weeks from today, that the Traffic Engineer, and these people come back to the Council with a recommendation as to a closed door policy), carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Noes: None Mayor Butler ددد ADJOURNMENT The Council adjourned at 4:25 P.M. APPROVED: Rey Buder Mayor ATTEST: Elsin Wooale 7 City Clerk