-CITY OF AUSTIN, TEXAS 342 MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting April 06, 1972 10:00 Α. Μ. COUNCIL CHAMBERS, CITY HALL 15 The meeting was called to order with Mayor Pro Tem Love presiding. Roll Call: Present: Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilman Handcox Absent: Mayor Butler, Councilmen Lebermann, Friedman The Invocation was delivered by REVEREND JOHN WOODALL, Community Christian Church. APPROVAL OF MINUTES Councilman Nichols moved the Council approve the Minutes of the Regular Meeting of the 23rd of March, 1972. The motion, seconded by Councilman Handcox, carried by the following vote:. Ayes: Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilman Handcox Noes: None Absent: Mayor Butler, Councilmen Lebermann, Friedman PROCLAMATION Mayor Pro Tem Love read a Proclamation naming April 9-15 as "BOY'S CLUB WEEK IN AUSTIN", and urged that the theme of Boy's Club Week "We're the only next generation you've got" be kept in mind. The Proclamation was presented to Mr. Ernie Staggs, Director of the Austin Boy's Club. ZONING HEARINGS It being 10:00 A. M., Mayor Pro Tem Love announced that 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 property, and adequacy of streets. WILL THURMAN, JR. C14-72-018 5111-5305 Wasson Road From "GR" General Retail to "C" Commer- cial RECOMMENDED by the Planning Commission CITY OF AUSTIN, TEXAS April 6, 1972 343 Councilman Nichols moved the Council grant the change from "GR" General Retail to "C" Commercial as recommended by the Planning Commission. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilman Nichols, Mayor Pro Tem Love, Councilmen Handcox, Dryden Noes: None Absent: Mayor Butler, Councilmen Lebermann, Friedman Mayor Pro Tem Love announced that the change had been granted as recommended by the Planning Commission, and the City Attorney was instructed to draw the necessary ordinance to cover. JOE LONG By Tom Cherry C14-72-022 4309 Avenue D From "A" Residence First Height and Area to "B" Residence Second Height and Area RECOMMENDED by Planning Commission Councilman Nichols moved the Council grant the change from "A" Residence First Height and Area to "B" Residence Second Height and Area as recommended by Planning Commission. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilman Nichols, Mayor Pro Tem Love, Councilmen Handcox, Dryden Noes: None Absent: Mayor Butler, Councilmen Lebermann, Friedman Mayor Pro Tem Love announced that the change had been granted as recommended by the Planning Commission and the City Attorney was instructed to draw the necessary ordinance to cover. ALLANDALE ESTATES DEVELOPMENT CO. By Phil Mockford President Wiley D. Pringle/Paul Green 8639-8831 Shoal Creek Boulevard From "B" Residence to "0" Office RECOMMENDED by the Planning Commission C14-72-026 Councilman Nichols moved the Council grant the change from "B" Residence to "0" Office as recommended by the Planning Commission. The motion, seconded by Councilman Drydens, carried by the following vote: Ayes: Noes: Councilman Nichols, Mayor Pro Tem Love, Councilmen Handcox, Dryden None Absent: Mayor Butler, Councilmen Lebermann, Friedman Mayor Pro Tem Love announced that the change had been granted as recommended by the Planning Commission and the City Attorney was instructed to draw the necessary ordinance to cover. RAY YATES By R. W. Stuart C14-72-034 7531 Burnet Road From "GR" General Retail to "C" Commercial RECOMMENDED by Planning Commission Councilman Nichols moved the Council grant the change from "GR" General Retail to "C" Commercial as recommended by the Planning Commission. The motion, seconded by Councilman Dryden,, carried by the following vote: _ CITY OF AUSTIN, TEXAS April 6, 1972 344 Ayes: Councilman Nichols, Mayor Pro Tem Love, Councilmen Handcox, Dryden Noes: None Absent: Mayor Butler, Councilmen Lebermann, Friedman Mayor Pro Tem Love announced that the change had been granted as recommended and the City Attorney was instructed to draw the necessary ordinance to cover. 504 Swanee Drive C. L. REEVES By Robert Davis C14-72-036 From "BB" Residence to "B" Residence (as amended) RECOMMENDED (as amended) by Planning Commission Councilman Nichols moved the Council grant the change from "BB" Residence to "B" Residence (as amended) as recommended by the Planning Commission. The motion, seconded by Councilman Drydens, carried by the following vote: Ayes: Councilman Nichols, Mayor Pro Tem Love, Councilmen Handcox, Dryden Noes: None Absent: Mayor Butler, Councilmen Lebermann, Friedman Mayor Pro Tem Love announced that the change had been granted as recommended and the City Attorney was instructed to draw the necessary ordinance to cover. C. L. REEVES By Robert Davis C14-72-037 2101 Burton Drive From "B" Residence to "C-2" Commercial RECOMMENDED by Planning Commission Councilman Nichols moved the Council grant the change from "B" Residence to "C-2" Commercial as recommended by the Planning Commission. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilman Nichols, Mayor Pro Tem Love, Councilmen Handcox, Dryden Noes: None Absent: Mayor Butler, Councilmen Lebermann, Friedman Mayor Pro Tem Love announced that the change had been granted as recommended by the Planning Commission and the City Attorney was instructed to draw the necessary ordinance to cover. E. G. CARLSON By William Wells C14-72-039 1008-1034 Hwy. 183 From "C" Commercial to "C-2" Commercial as RECOMMENDED by the Planning Commission Councilman Nichols moved the Council grant the change from "C" Commercial to "C-2" Commercial as recommended by the Planning Commission. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilman Nichols, Mayor Pro Tem Love, Councilmen Handcox, Dryden Noes: None Absent: Mayor Butler, Councilmen Lebermann, Friedman Mayor Pro Tem Love announced that the change had been granted as recommended by the Planning Commission and the City Attorney was instructed to draw the necessary ordinance to cover. : CITY OF AUSTIN, TEXAS April 6, 1972 345 JOHN T. SCHNEIDER, JR. C14-72-004 700-702 Blackson Ave. 7401-7405 Martin Ave. From "A" Residence to "GR" General Retail (as amended) RECOMMENDED as amended subject to 5' of right-of-way on Black- son Avenue and 5' of right-of-way on Martin Avenue and a subdivision combining the 2 lots into one tract. Councilman Nichols moved the Council grant the change from "A" Residence to "GR" General Retail as amended by the Planning Commission recommended subject to 5' of right-of-way on Blackson and 5' of right-of-way on Martin and a subdivision combining the 2 lots into one tract. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Handcox, Dryden, Nichols, Mayor Pro Tem Love Noes: None Absent: Mayor Butler, Councilmen Lebermann, Friedman Mayor Pro Tem Love announced that the change had been granted as Recommended by the Planning Commission and the City Attorney was instructed to draw the necessary ordinance to cover. BURT E. DALLAS C14-72-017 1905 Koenig Lane From "A" Residence to "0" Office as Recommended by Planning Commission sub- ject to 10' of right-of- way on Koenig Lane Councilman Nichols moved the Council grant the change from "A" Residence to "0" Office as recommended by the Planning Commission subject to 10' right-of-way on Koenig Lane. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilman Handcox Noes: None Absent: Mayor Butler, Councilmen Lebermann, Friedman Mayor Pro Tem Love announced that the change had been granted as recommended by the Planning Commission and the City Attorney was instructed to draw the necessary ordinance to cover. MRS. ANNA SCHOENERT By Kirk Williamson C14-72-020 4504 Speedway From "A" Residence First Height and Area to "B" Residence Second Height and Area RECOMMENDED by Planning Commission sub- ject to 5' right-of-way on Speedway. Councilman Nichols moved the Council grant the change from "A" Residence First Height and Area to "B" Residence Second Height and Area as recommended by the Planning Commission subject to 5' of right-of-way on Speedway. The motion, seconded by Councilman Dryden, carried by the following vote: CITY OF AUSTIN, TEXAS April 6, 1972 346 Ayes: Councilman Nichols, Mayor Pro Tem Love, Councilmen Handcox, Dryden Noes: None Absent: Mayor Butler, Councilmen Lebermann, Friedman Councilman Friedman entered Council Chambers at this time. Mayor Pro Tem Love announced that the change had been granted as recommended by the Planning Commission and the City Attorney was instructed to draw the necessary ordinance to cover. MRS. M. G. CRADDOCK By Chris Crow C14-72-024 108 E. 38th St. From "A" Residence First Height and Area to "B" Residence Second Height and Area RECOMMENDED by Planning Commission subject to 10' of right- of-way on E. 38th Councilman Nichols moved the Council grant the change from "A" Residence First Height and Area to "B" Residence Second Height and Area as recommended by Planning Commission subject to 10' of right-of-way on E. 38th Street. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Nichols, Mayor Pro Tem Love Noes: None Not in Council Room when Roll was called: Councilman Dryden Absent: Mayor Butler, Councilman Lebermann Mayor Pro Tem Love announced that the change had been granted as recommended by the Planning Commission and the City Attorney was instructed to draw the necessary ordinance to cover. WILLIAM G. WOLFE C14-72-025 3800 Speedway From "B" Residence to "0" Office RECOMMENDED by Planning Commission sub- ject to 15 of right- of-way on W. 38th. Councilman Nichols moved the Council grant the change from "B" Residence to "0" Office as recommended by the Planning Commission subject to 15' of right-ofway on W. 38th Street. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Handcox, Nichols, Mayor Pro Tem Love, Councilman Friedman Noes: None Not in Council Room when Roll was called: Councilman Dryden Absent: Mayor Butler, Councilman Lebermann Mayor Pro Tem Love announced that the change had been granted as recommended by the Planning Commission and the City Attorney was instructed to draw the necessary ordinance to cover. JOHN HENRY JOHNSON By John Carter, Jr. C14-72-027 1201-1203 Haskell St. 47-49 3/4 Waller St. From "A" Residence to "B" Residence RECOMMENDED by Planning Commission subject to 15 right-of- way on Haskell. April 6, 1972 347 _ CITY OF AUSTIN, TEXAS Councilman Nichols moved the Council grant the change as recommended by the Planning Commission from "A" Residence to "B" Residence subject to 15' of rightof-way on Haskell. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilmen Friedman, Handcox Noes: None Absent: Mayor Butler, Councilman Lebermann Mayor Pro Tem Love announced that the change had been granted as recommended by the Planning Commission and the City Attorney was sary ordinance to cover. JOHN FOSTER By Steve Price C14-72-028 801 Montopolis Drive instructed to draw the neces- From "A" Residence to "GR" General Retail RECOMMENDED BY Planning Commission subject to 2 1/2' right-of-way on Montopolis Dr. Councilman Nichols moved the Council grant the change as recommended by the Planning Commission from "A" Residence to "GR" General Retail subject to 2 1/2' of right-of-way on Montopolis Drive. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilman Nichols, Mayor Pro Tem Love, Councilmen Friedman, Handcox, Noes: None Dryden Absent: Mayor Butler, Councilman Lebermann Mayor Pro Tem Love announced that the change had been granted from "A" Residence to "GR" General Retail as recommended and the City Attorney was instruct ed to draw the necessary ordinance to cover. WILLIAM BOWMAN By Robert Bowman C14-72-029 1505-1507 W. 35th St. From "A" Residence to "LR" Local Retail RECOMMENDED by Planning Commission subject to a subdivision combining the two lots into one tract. Councilman Nichols moved the Council grant the change from "A" Residence to "LR" Local Retail as recommended by the Planning Commission subject to a subdivision combining the two lots into one tract. The motion, seconded by Council- man Dryden, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Friedman, Handcox, Dryden, Nichols Noes: None Absent: Mayor Butler, Councilman Lebermann Mayor Pro Tem Love announced that the change had been granted as recommended by the Planning Commission and the City Attorney was instructed to draw the necessary ordinance to cover. W. C. KENNEDY By John Selman C14-72-030 CITY OF AUSTIN, TEXASApril 6, 1972. 924-934 Ε. 51st St. 5101-5107 Bennett Ave. 348 From "A" Residence First Height and Area to "B" Residence Second Height and Area RECOMMENDED by Planning Commission on amended area, subject to subdivision combining the lots into 1 tract, 15' right-of-way on 51st. & 5' of right-of-way on Bennett Avenue. Councilman Nichols moved the Council grant the change from "A" Residence First Height and Area to "B" Residence Second Height and Area recommended by the Planning Commission on the amended area, subject to a subdivision combining the lots into 1 tract, 15' of right-of-way on 51st St. & 5' of right-of-way on Bennett Avenue. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Dryden, Nichols, Mayor Pro Tem Love Noes: None Absent: Mayor Butler, Councilman Lebermann Mayor Pro Tem Love announced that the change had been granted from "A" Residence First Height and Area to "B" Residence Second Height and Area as recommended by the Planning Commission and the City Attorney was instructed to draw the necessary ordinance to cover. ELIGIO ACOSTA By Robert Guerra C14-72-033 803 Montopolis Drive From Interim "A" Residence First Height and Area to "GR" General Retail First and Area RECOMMENDED by Planning Commission sub- ject to 2 1/2' right-of- way on Montopolis. Councilman Nichols moved the Council grant the change from Interim "A" Residence First Height and Area to "GR" General Retail First Height and Area as recommended by the Planning Commission subject to 2 1/2' right-of-way on Montopolis. The motion, seocnded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Handcox, Dryden, Nichols, Mayor Pro Tem Love, Councilman Noes: None Friedman Absent: Mayor Butler, Councilman Lebermann Mayor Pro Tem Love announced that the change had been granted as recommended by the Planning Commission and the City Attorney, was instructed to draw the necessary ordinance to cover. CULLERS & NUTTER, INC. By Robert Nutter C814-72-001 A tract bounded on the northeast by Steck Ave. on the northwest by Greenslope Dr. and on the Southeast by Forest Mesa Drive From "A" Residence First Height and Area to Town- house development, PLAN- NED UNIT DEVELOPMENT, RECOMMENDED subject to departmental requirements _ CITY OF AUSTIN, TEXAS April 6, 1972. 349 Councilman Dryden moved the Council grant the change from "A" Residence First Height and Area to Townhouse development, Planned Unit Development recommended by the Planning Department subject to departmental requirements. motion, seconded by Councilman Nichols, carried by the following vote: The Ayes: Councilman Nichols, Mayor Pro Tem Love, Councilmen Friedman, Handcox, Dryden Noes: None Absent: Mayor Butler, Councilman Lebermann Mayor Pro Tem Love announced that the change had been granted as recommended by the Planning Department and the City Attorney was instructed to draw the necessary ordinance to cover. CLEAR CREEK PROPERTIES, INC. By Carl Morris, Vice-President C14-72-040 Rear 1823-2001 No. Bluff Dr. 2001-2219 No. Bluff Drive From Interim "A" Residence First Height and Area to "MH" Mobile Home First Height and Area RECOMMEND ED by the Planning Com- mission subject to sub- division Mr. Dick Lillie, Director of Planning, displayed a map and showed the location of a mobile home subdivision. The applicant intends to develop these tracts as a mobile home park under the new Mobile Home Park Ordinance. Both the Staff and the Planning Commission recommend approval of the zoning. Mr. Carl Morris, Vice-President of Clear Creek Properties, Inc., stated he owned one-third interest in Clear Creek Properties; Messrs. Vernon B. Kroger, and W. E. Archer, Jr., own one-third interest each. All are local people. A realtor, representing Mr. Charles Blankenburg who owns 88 acres on Bluff Springs Road, stated Mr. Blankenburg would like to have this postponed until he could have a study made, as he is opposing the trailer development. After discussion, Councilman, Nichols moved the Council uphold the recommendation of the Planning Commission and grant the zoning change subject to subdivis- ion. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilmen Friedman, Handcox Noes: None Absent: Councilman Lebermann, Mayor Butler Councilman Lebermann entered Council Chambers at this time. WILLOWCREEK HILLS K. S. Wendler, Pres. By Robert Davis C14-72-038 2207-2215 Woodland Ave. 1800-1801 Willow Creek From "B" Residence to " "LR" Local Retail NOT Recommended RECOMMENDED to a southern line that will be the continuation of the tract to the immediate west and ex- tending along said line to Willow Cr. Dr. subject to subdivision to dedicate the full right-of-way of 80' for Woodland Ave. to Willow Creek Drive _ CITY OF AUSTIN, TEXAS April 6, 1972 350 Mr. Richard Baker stated although it appears the Planning Commission did not recommend the zoning, it is his opinion that the request was recommended by the Planning Commission subject to conditions. The developer agrees to the conditions imposed, and is in the process of complying with those conditions. Mr. Dick Lillie, Director of Planning, described the property under discussion, and pointed out a portion of an extended line, and the portion that should be left as is. Mr. Baker explained this was an overisght at the time of application on the basis of improper field notes. It was intended to be contiguous with the south line. No opposition appeared to be heard. Councilman Nichols moved the Council grant the zoning change from "B" Residence to "LR" Local Retail subject to a southern line that will be the continuation of the tract to the immediate west and extending along said line to Willow Creek Drive subject to subdivision to dedicate the full right-of-way, consisting of 80' for Woodland Avenue to Willow Creek Drive, as recommended by the Planning Commission. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Friedman, Handcox, Dryden, Nichols, Lebermann Noes: None Absent: Mayor Butler Mayor Pro Tem Love announced that the change had been granted as recommended by the Planning Commission and the City Attorney was instructed to draw the necessary ordinance to cover. JESSE J. BRADY By John Selman C14-71-035 2426-2434 Bluebonnet Ln. 2500-2512 Del Curto Rd. From "A" Residence to "B" Residence NOT Recom- mended RECOMMENDED "BB" Residence subject to 10' of right-of-way on Blue- bonnet Lane and 5' to 10' of right-of-way on Del Curto Road. Mr. John Selman representing the applicant, Dr. Brady, owner, stated he had entered into a contract to sell 2.9 acres out of his 3.6 acreage, subject to "B" zoning. The clients believe "B is proper, even though the Planning Commission had recommended "BB". Dr. Brady does not believe the full "B" zoning could be used, because of the area involved and the way the property is situated, but at this time, rather than coming up with a full plan on the exact number of units and placing a restrictive covenant on the property, they ask that "B" zoning be granted. Next door to this property is a non-conforming mobile home park. In the neighborhood there are 28 apartment units, "0" zoning, and fourplexes. Mr. Lillie, Director of Planning, stated the first response to this matter by the staff was to deny the case, because the zoning occuring in this immediate area fronts on Lamar which is a major arterial street. Because of the character of the neighborhood, the staff felt that the zoning should be retained. The 40 units possible under "B" seemed high, and the Planning Commission recommended "BB". The recommendation before the Council fa for 20 units per acre on the "BB" zoning. Mr. Edwin Sanders, 2503 Southland Drive, expressed opposition due to the portion of Bluebonnet Lane and Del Curto Road both going into South Lamar, a main i CITY OF AUSTIN, TEXAS 351 April 6, 1972 artery for all traffic coming out, expecially during school hours. He discussed the traffic lights on Bluebonnet and South Lamar. Councilman Nichols moved the Council grant the change from "A" Residence to "BB" Residence subject to 10' of right-of-way on Bluebonnet and right-of-way not to exceed seven feet on Del Curto Road, as recommended by the Planning Commission. The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Dryden, Nichols, Mayor Pro Tem Love, Councilman Lebermann Noes: None Absent: Mayor Butler Mayor Pro Tem Love announced that the change had been granted from "A" to "BB" as recommended by the Planning Commission and the City Attorney was instructed to draw the necessary ordinance to cover. ROBERT L. OGDEN C14-72-023 Tract 1 1600 W. 5th St. Tract 2 1602 W. 5th St. From "C" Commercial Sec- ond Height and Area to "C-2" Commercial Second Height and Area From "B" Residence Second Height and Area to "C" Commercial Second Height and Area RECOMMENDED sub- ject to subdivision com- bining the two lots, 15' of right-of-way on W. Lynn St. and 30' building set- back on W. 5th St. Mr. Lillie, Planning Director, stated in an effort to be more fair to the adjoining abutting property owners, the right-of-way is 15' from each side rather than all coming off of the west side. The application should be amended to this extent, which would, in effect, be 15' of right-of-way and 10' building setback. Both lots are treated separately, but they came in as a single application; and at this time it was not felt that there should a restriction or a requirement for joint use. After discussion, Councilman Nichols movedthe Council grant the change from "C" Commercial, Second Height and Area to "C-2" Commercial Second Height and Area on Tract 1, and from "B" Residence Second Height and Area to "C" Commercial Second Height and Area on Tract 2 subject to the 15' of right-of-way on West Lynn and 10' building setback on West Lynn, as recommended by the Planning Commission. (It was pointed out the setback line on West 5th is 25' under the ordinance.) The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Lebermann, Friedman, Handcox, Dryden, Nichols Noes: None Absent: Mayor Butler Mayor Pro Tem Love announced the change had been granted as recommended by the Planning Commission and the City Attorney was instructed to draw the necessary ordinance to cover. = CITY OF AUSTIN, TEXAS April 6, 1972 352 ! KAY MEANS MURCHISON TRUST By Steve Harris C14-72-019 Zonings Denied 3509 Lawton Avenue From "A" Residence to "C" Commercial NOT Recom- mended by Planning Com- mission Mr. Jerry Harris, Assistant City Attorney, pointed out it would take six votes to over-ride the negative recommendation of the Planning Commission. Mr. Wroe Owens noted the property backed up to "C" Commercial and was surrounded on two sides by Commerical. There is a one-man business operation now, and the neighbors do not object to this change. One neighbor who has a retail establishment is objecting. Councilman Dryden pointed out a commerical venture is being operated in a little frame house in the area, and there is parking adjacent to the property. Opposition was expressed by Mr. Archie Mueller. It was pointed out Mr. Mueller's parking lot was in violation of the City Code. Mr. Mueller, who owned the commerical property on 35th Street and Lawton, reviewed the deed restrictions, running to 1972. Councilman Dryden moved the Council grant the request, subject to restrictions and right-of-way. The motion, seconded by Councilman Nichols, failed to carry by the following vote: Ayes: Councilmen Dryden, Nichols, Mayor Pro Tem Love Noes: Councilmen Lebermann, Friedman, Handcox BROOKS HILL By James Watson C14-72-031 7313-7409 Lamar Blvd. From "0" Office to "C" Commercial NOT Recom- mended by Planning Commis- sion Mr. Dick Lillie, Director of Planning, described the area and reviewed the history of this zoning, in that zoning on North Lamar was about 150' in depth in 1965. In 1966 there was a 250' extension approved. Included in that application was the rear portion, which is the tract now under consideration. The rear portion was zoned "0" as a buffer to the adjoining residential area. The Staff and Planning Commission was of the opinion the "0" was still appropriate zoning for this tract. Mr. Brooks Hill, applicant, said he wanted to develop a complete commerical program designed around a cul-de-sac. He offered to revise the request from "0" to "C" to include a 50' buffer zone on the north, east, and south, and include restrictions that all construction be a brick veneer or masonry construction. Mrs. Croslin, 5806 Westslope Drive, owns four rent houses there and spoke in opposition to this change as it is cutting into a residential area. Councilman Friedman moved the Council uphold the Planning Commission and deny the zoning The motion, seconded by Councilman Handcox, failed to carry by the following vote: Ayes: Councilmen Handcox, Lebermann, Friedman Noes: Councilmen Dryden, Nichols, Mayor Pro Tem Love Absent: Mayor Butler CITY OF AUSTIN, TEXAS April 6, 1972 353 NON-COMMISSIONED OFFICERS LIFE INSURANCE COMPANY Albert H. Cobb, President By Myers K. Parsons C14-71-306 Postponed 3803-3805 Duval Street 506-508 Ε. 38th Street From "A" Residence to "B" Residence RECOMMENDED as amended by Planning Commission subject to 20' of right-of-way on E. 38th St., 5' of right- of-way on Duval, & 5' sidewalk easement on Duval. The City Attorney, Mr. Don Butler, noted a petition which would call for six votes. Councilman Nichols moved teh Council postpone consideration of the application for one week (to be on the Agenda for April 13). The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Handcox, Dryden, Nichols Noes: None Not in Council Room when Roll was called: Councilmen Friedman, Lebermann Absent: Mayor Butler COUNTRY FAIR Councilman Nichols moved the Council grant the request of the Travis County Democratic Party for the use of City owned tract of land adjacent to AuditoriumColiseum to hold a Country Fiar, April 29, subject to the conditions of today's new resolution on hcarges for City faciliites; their making necessary arrangements with a concessionaire; and making satisfactory arrangements for cleaning up. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Handcox, Dryden, Nichols, Mayor Pro Tem Love, Councilmen Lebermann, Friedman Noes: None Absent: Mayor Butler BANNER - AUSTIN PEACE ACTION COMMITTEE Councilman Friedman moved the Council authorize a banner at 19th and Guadalupe on April 17th-24th for the Austin Peace Action Committee. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilmen Lebermann, Friedman, Handcox Noes: None Absent: Mayor Butler ENGINEERING SERVICES Councilman Nichols moved the Council select Forrest & Cotton as the Engineering Services in connection with the following Capital Improvements Program Project Construction and installation of approximately 11,500 feet of concrete steel cylinder pipe (water line) from Davis Water Treatment Plant No. 2 Pump Station northApril 6, 1972 354 _ CITY OF AUSTIN, TEXAS Project No. 4068. (Estimated - westerly to F.M. 2222 construction cost is $900,000) The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilman Nichols, Mayor Pro Tem Love, Councilmen Friedman, Handcox, Dryden Noes: None Absent: Mayor Butler Not in Council Room when Roll was called: Councilman Lebermann CONSTRUCTION AND MAINTENANCE AGREEMENT Councilman Nichols moved the Council adopt a resolution authorizing the City Manager to accept the Construction and Maintenance Agreement for the widening of East 1st Street from I. H. 35 to Congress Avenue. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Friedman, Handcox, Dryden, Nichols Noes: None Absent: Mayor Butler Not in Council Room when Roll was called: Councilman Lebermann UT OFFICE BUILDING-7TH & COLORADO Councilman Nichols moved the Council adopt a resolution approving the application of THE UNIVERSITY OF TEXAS to construct an office building on the southwest corner of Seventh and Colorado Streets: Underground pedestrian tunnel, running south across the alley connecting with the Claudia Taylor Johnson Building along with a 36-inch utility tunnel, south across the alley connecting with the same building. A 36-inch utility tunnel east across Colorado Street to connect with O'Henry Hall. Ramps extending out under the sidewalk area a distance of ten feet (10*) or to the curb line in Seventh Street in connection with underground parking garage with entrance from Colorado Street. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Dryden, Nichols, Mayor Pro Tem Love Noes: None Absent: Mayor Butler Not in Council Room when Roll was called: Councilman Lebermann $1,000 ΤΟ C.A.P.C. Mayor Pro Tem Love introduced the following resolution: AN ORDINANCE AMENDING ORDINANCE NO. 710909-I TO APPROPRIATE FROM UNAPPROPRIATED GENERAL FUNDS AND CREDIT TO A CERTAIN SPECIAL SERVICES ACCOUNT AN AMOUNT TO BE EXPENDED TO THE CAPITAL AREA PLANNING COUNCIL; SUSPENDING THE RULE =CITY OF AUSTIN, TEXAS April 6, 1972 355 | REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS AND DECLARING AN EMERGENCY. Councilman Dryden moved the Council waive the requirement for the reading of ordinances on three separate days, declare an emergency and finally pass the ordinance effective immediately. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Lebermann, Friedman, Handcox, Dryden, Nichols Noes: None Absent: Mayor Butler Mayor Pro Tem Love announced that the ordinance had been finally passed. ZONING ORDINANCES DELAYED ONE WEEK Councilman Dryden notes these zoning cases were heard in 1969, and have been pending until certain conditions were met, and he wanted a little more information on this application. Mr. Dick Lillie explained the application was approved by the Council for apartment zoning on the souteast corner of 13th and Chestnut, right-of-way has been dedicated. Councilman Nichols moved the Council defer action for one week on the following until all members of Council are present: BILL MILBURN C14-69-042 LOUIS A. JOSEPH C14071-004 1208-1210 Chestnut Ave. 2301-2305 E. 13th St. From"A" Residence to "BB" Residence 9108-9120 No. IH 35 From "A" Residence to "C" Commercial The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilman Nichols, Mayor Pro Tem Love, Councilmen Friedman, Handcox, Dryden Noes: None Not in Council Room when Roll was called: Councilman Lebermann Absent: Mayor Butler CHARGES FOR USE OF CITY FACILITIES City Attorney Butler read the resolution establishing policy regarding payment of costs for certain parks and recreation facilities and services. The intent of the resolution is to establish a policy of requiring the users of the faciliites or services in question to pay the actual cost thereof and the resolution shall be construed so as to effect that end. Councilman Lebermann emphasized that this is not the intent to set a charge for the usual and customary free use of park and recreational faciliites by the general public, where the user is making only that use and requiring those services customarily provided to the general public. He also pointed out this fee would be just for the cost, and there is no intention to make a profit. After discussion, Councilman Lebermann moved the Council adopt a resolution establishing appropriate charges for use of City facilities. The motion, seconded by Councilman Handcox, carried by the following vote: _ CITY OF AUSTIN. TEXAS April 6, 1972 356 Ayes: Mayor Pro Tem Love, Councilmen Lebermann, Friedman, Handcox Noes: None Absent: Mayor Butler Not in Council Room when Roll was called: Councilmen Dryden, Nichols APARTMENT "OPEN LOUNGE" ORDINANCE Mayor Pro Tem Love introduced the following ordinance: AN ORDINANCE AMENDING CHAPTER 45 OF THE AUSTIN CITY CODE OF 1967 IN THE FOLLOWING PARTICULARS: (1) AMENDING SECTIONS 45-18 AND 45-19 TO ALLOW, BY SPECIAL PERMIT, THE SALE, HANDLING, AND COMSUMPTION OF ALCOHOLIC BEVERAGES IN DESIGNATED RECREATION AND SOCIAL AREAS OF APARTMENT HOUSES CONTAINING ONE HUNDRED SEVENTY-FIVE OR MORE UNITS AND APARTMENT DEWLLING GROUPS; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS: AND DECLARING AN EMERGENCY. Councilman Handcox moved the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance through its second and third readings. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilmen Lebermann, Friedman, Handcox, Dryden, Mayor Pro Tem Love Noes: Councilman Nichols Absent; Mayor Butler The Mayor Pro Tem announced that the ordinance had been finally passed. STREET PARTY ROUND UP WEEK Councilman Lebermann moved the Council grant the request of the Sigma Alpha Epsilon Fraternity for the closure of Pearl Street between 25th and 24th Streets on April 9, 1972, for a street party as a part of Round Up Week. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Dryden, Nichols, Mayor Pro Tem Love, Councilman Lebermann Noes: None Absent: Mayor Butler ADJOURNMENT The Council adjourned at 11:45 A. Μ. ATTEST: City Clerk APPROVED: Mayor Pro Tem