CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting November 02, 1972 10:00 Α. Μ. COUNCIL CHAMBERS, CITY HALL 1054 The meeting was called to order with Councilman Dryden as the Presiding Officer. It was noted that Mayor Butler and Councilman Lebermann were out of the City and Mayor Pro Tem Love was absent due to his wife's illness. Roll Call: Church. Present: Councilmen Dryden, Nichols, Friedman, Handcox Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann The Invocation was delivered by REVEREND JOHN BARCLAY, Retired, Christian MINUTES APPROVED Councilman Friedman moved the Council approve the Minutes of the Regular Meeting of October 12, 1972. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Friedman, Handcox Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann INTRODUCTIONS At this time, Councilman Dryden, Presiding Officer, recognized and introduced the 47th Police Cadet Class under the leadership of Officer Barrett, Class Counselor. Mr. Wade Choate, Mayor of Big Spring, Texas, was introduced by Councilman Dryden who was a long time friend of Mayor Choate. ZONING CASES DEFERRED The Director of Planning reported that five cases which would require six votes had been taken off the list of applications before the Council today. Each of the five applicants were notified by telephone and by mail. No notices were sent out by the City Clerk's Office, and those applicants were asked to reschedule a hearing before the Council. _ CITY OF AUSTIN, TEXAS November 2, 1972 1055 SUMMARY STATEMENT REPORT Planning Director, Dick Lillie, reported that the Council had asked for a summary statement that applicants did or did not agree to conditions placed on zoning cases by the Planning Commission. In these 19 cases, 19 applicants agree with the conditions. ZONING HEARINGS It being 10:00 A. M., Councilman Dryden announced that the Council would hear the zoning cases scheduled for public hearing at this time. CHRIS PETROPOULOS ET UX C14-72-225 5303 Cameron Road (rear) From "C" Commercial Sixth Height and Area Το "C-2" Commercial Sixth Height and Area RECOMMENDED by the Planning Commission. Councilman Nichols moved the Council grant the change from "C" Commercial Sixth Height and Area to "C-2" Commercial Sixth Height and Area as recommended by the Planning Commission. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Nichols, Friedman, Handcox, Dryden Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the change had been granted and the City Attorney was instructed to draw the necessary ordinance to cover. J. K. HURST, Independent Executor of the Estate of Martha Palm C14-72-226 706-708 West 10th Street From "B" Residence 1001-1003 West Avenue 1004 West Avenue Το "0" Office RECOMMENDED by Planning Commission Councilman Nichols moved the Council approve the change from "B" Residence to "0" Office as recommended by the Planning Commission. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Dryden, Nichols Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the change had been granted as recommended and the City Attorney was instructed to draw the necessary ordinance to cover. ODAS JUNG By Joe Jung C14-72-230 2251-2257 Post Road (rear) From "C" Commercial Second Height and Area Το "C-2" Commercial Second Height and Area RECOMMENDED by Planning Commission 1056 HENRY W. TAYLOR ET AL C14-72-237 CITY OF AUSTIN, TEXAS 1400, 1408-1410, 2422-2426, 2508-2700, 1401-1405 1409-1413, 2425-2515, 2601-2707 Wooldridge Dr., 1100-1209 Claire Ave. 1000-1014 1001-1015, 1103-1303, 1100-1302 Gaston Ave., 2408-2410 Hardouin Ave.; 2401-2403 Stark Pl. (As amended) November 2, 1972 From "A" Residence To "AA" Residence RECOMMENDED by Planning Commission as amended Councilman Nichols moved the Council grant the change from "A" Residence to "AA" Residence as recommended by the Planning Commission as amended. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilmen Handcox, Dryden, Nichols, Friedman Noes: None Absetn: Mayor Pro Tem Love, Councilman Lebermann, Mayor Butler Councilman Dryden announced that the change had been granted as recommended and the City Attorney was instructed to draw the necessary ordinance to cover. ARTHUR E. PHILGREN, CLOVIS BULLARD, MARVIN KNIPPA and FLOYD RALPH RICH C14-72-210 10,000 block of North Lamar Boulevard From "A" Residence To "GR" General Retail RECOMMENDED by Planning Commission subject to a subdivision and the right-of-way needed to bring North Lamar Blvd. to 120' but not to exceed 15'. Councilman Nichols moved the Council grant the change from "A" Residence to "GR" General Retail as recommended by the Planning Commission subject to a subdivision and the right of way needed to bring North Lamar Boulevard to 120', but not to exceed 15'. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Nichols, Friedman, Handcox, Dryden Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the change had been granted as recommended and the City Attorney was instructed to draw the necessary ordinance to cover. JAMES R. SLOAN, TRUSTEE By Steve Price C14-72-238 3711 Airport Boulevard (rear) From "C" Commercial Το "C-2" Commercial 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 Handcox, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Friedman, Handcox Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann _ CITY OF AUSTIN, TEXAS November 2, 1972 1057 Councilman Dryden announced that the change had been granted as recommended and the City Attorney was instructed to draw the necessary ordinance to cover. HEYWOOD M. REESE By L. C. Reese C14-72-216 3801-3807 Wadford Street 101-129 Krebs Lane 3812-3826 So. Congress Avenue From "A" Residence First Height and Area and "C" Commercial Sixth Height and Area To "C" Commercial Sixth Height and Area RECOMMENDED by Planning Commission subject to a subdivision identify ing the tract, 10' of right of way on Wadford St. and 15' of right of way on Krebs Lane to extend to South Congress Ave. Councilman Nichols moved the Council grant the change from "A" Residence First Height and Area dn "C" Commercial Sixth Height and Area to "C" Commercial Sixth Height and Area as recommended by the Planning Commission subject to a subdivision identifying the tract, 10' of right of way on Wadford Street and 15' of right of way on Krebs Lane to extend to South Congress Avenue. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Dryden, Nichols Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the change had been granted as recommended and the City Attorney was instructedito draw the necessary ordinance to cover. BURKE MATTHEWS for MATTHEWS ENTERPRISES, INC. C14-72-219 2017-2033 East Riverside Drive at Burton Drive From "LR" Local Retail To "C-2" and "GR" Commercial and General Retail (as amended) RECOMMENDED by the Planning Commission subject to a metes and bounds description of each zoning tract. Councilman Nichols moved the Council grant the change from "LR" Local Retail to"C-2" Commercial and "GR" General Retail (as amended) recommended by the Planning Commission subject to a metes and bounds description of each zoning tract. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Friedman, Handcox Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the change had been granted as recommended and the City Attorney was instructed to draw the necessary ordinance to cover. 1058 CITY OF AUSTIN, TEXAS November 2, 1972 THOMAS P. FRANCIS ET UX Rear of 1622-1704 South Lamar Boulevard C14-72-221 From "A" Residence To "C" Commercial RECOMMENDED by the Planning Commission subject to dedication of the land needed to bring the right of way on Lamar Blvd. to 100' and a 6' privacy fence along the west boundary lines. Councilman Nichols moved the Council grant the change from "A" Residence to "C" Commercial as recommended by the Planning Commission subject to dedication of the land needed to bring the right of way on Lamar Blvd. to 100' and a 6' privacy fence along the west boundary lines. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Nichols, Friedman, Handcox, Dryden Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the change had been granted as recommended and the City Attorney was instructed to draw the necessary ordinance to cover. STRAUS-FRANK PROFIT SHARING TRUST out 4302-4304 Manchaca Road (rear) (rear) of San Antonio, David Straus, 2004-2012 Ivy Trail Trustee By Steve Price C14-72-222 From "C" Commercial Sixth Height and Area Το "C-2" Commercial Sixth Height and Area RECOMMENDED by Plan- ning Commission sub- ject to a restrictive covenant limiting the use to a package liquor store and "C" Commercial zoning uses Mr. Alfred Feuge was concerned about the classification as pertaining to this applicant. Planning Director Lillie stated the "C" Commercial zoning was the most permissive commercial zoning in the Ordinance. It was explained to Mr. Feuge that with a restaurant, alcoholic beverages could be served under a "C" zoning. Mr. Feuge said part of the recommendation, which a part of the motion during the first meeting, that they had agreed not to oppose the zoning providing it would never be turned into a club or joint. Mr. Steve Price, representing the applicant, stated his client is entirely willing by deed or otherwise to restrict that property from ever being used for liquor by the drink in any manner or form, and this would include a restaurant. Councilman Nichols moved the Council grant the zoning request subject to contingencies and that Mr. Steve Price's client was willing to restrict this property from ever being used for liquor by the drink in any manner or form. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Dryden, Nichols Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann _ CITY OF AUSTIN, TEXAS November 2, 1972 1059 Councilman Dryden announced that the change had been granted as recommended and the City Attorney was instructed to draw the necessary ordinance to cover. EDWIN LONDON By H. E. Padgett, Jr. C14-72-224 301-303 West 38th Street 3706-3710 Home Lane From "A" Residence First Height and Area To "B" Residence Second Height and Area RECOMMENDED by Planning Commission subject to the dedication of 5' of right of way on E. 38th Street and 7½' of right of way on Home St. 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 dedication of 5' of right of way on East 38th Street and 7½' of right of way on Home Street. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Handcox, Dryden, Nichols, Friedman Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the change had been granted as recommended and the City Attorney was instructed to draw the necessary ordinance to cover. 6019 Sheridan Ave. G. FRANK MEECE By Bill J. Burnette C14-72-228 j From "A" Residence First Height and Area Το "B" Residence Second Height and Area (As amended) RECOMMENDED by Planning Commission as amended subject to 10' right of way on Sheridan Avenue. Councilman Nichols moved the Council grant the change from "A" Residence First Height and Area to "B" Residence Second Height and Area as amended recommended by the Planning Commission subject to 10' of right of way on Sheridan Avenue. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Friedman, Handcox Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the change had been granted as recommended and the City Attorney was instructed to draw the necessary ordinance to cover. URBAN RENEWAL AGENCY OF THE CITY OF AUSTIN By Leon Lurie C14-72-231 2716-2810 Webberville Road 700-706 Pleasant Valley Rd. From "C" Commercial Second Height and Area- Tract 1, and Tract 2- "C-2" Commercial Second Height and Area To "B" Residence Second Height and Area ப C14-72-231(Continued) =CITY OF AUSTIN, TEXAS November 2, 1972 1060 RECOMMENDED subject to finalization of subdivision C8-72-69 Councilman Nichols moved the Council grant the change from "C" Commercial Second Height and Area, Tract 1, and "C-2" Commercial Second Height and Area, Tract 2, to "B" Residence Second Height and Area, recommended by Planning Commission subject to finalization of subdivision C8-72-69. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Dryden, Nichols Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the change had been granted as recommended, and the City Attorney was instructed to draw the necessary ordinance to cover. JOHN D. BYRAM, Agent for MARY BELLE C. HILL, BETTY HILL BLALOCK COOK, ANN HILL PAINTER and EUGENIA RAMSEY. By Robert C. Sneed C14-72-236 1526-1624 State Highway 71 From "A" Residence To "C" Commercial (as amended) RECOMMENDED by Planning Commission as amended subject to the dedication of the land needed to bring the right of way on Austin Del Valle Rd. to 60' and a 6' privacy fence where adjoining "A" Residence and "MH" Mobile Home zoning on the west boundary line. Councilman Nichols moved the Change be granted from "A" Residence to "C" Commercial as amended as recommended by the Planning Commission subject to the dedication of the land needed to bring the right of way on Austin Del Valle Road to 60' and a 6' privacy fence where adjoining "A" Residence and "MH" Mobile Home zoning on the west boundary line. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Nichols, Friedman, Handcox, Dryden Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the change had been granted as recommended, and the City Attorney was instructed to draw the necessary ordinance to cover. ESTATE OF ARGUS M. FOX By Ras Redwine C14-72-241 8914-8930 Research Boulevard From Interim "A" Residence First Height and Area To "C" Commercial First Height and Area RECOMMENDED by Planning Commission subject to a subdivision. Councilman Nichols moved the change be granted from Interim "A" Residence First Height and Area to "C"Commercial First Height and Area as recommneded by _ CITY OF AUSTIN, TEXAS November 2, 1972 1061 the Planning Commission subject to a subdivision. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Dryden, Nichols Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the change had been granted as recommended, and the City Attorney was instructed to draw the necessary ordinance to cover. THE MECOM TRUST & VERNON COOK By Martin H. Boozer, Jr. C14-72-235 6501-6507 Manor Road From Interim "A" Residence First Height and Area TO "C" Commer- cial First Height and Area NOT Recommended RECOMMENDED By Planning Commission "GR" General Retail First Height and Area 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. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Friedman, Handcox Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the change had been granted as recommended, and the City Attorney was instructed to draw the necessary ordinance to cover. FRED C. MORSE By Richard C. Baker 602-6926 Ed Bluestein Boulevard C14-72-145 From Interim "A" Res- idence First Height and Area To"GR" General Retail First Height and Area - Tract 1 "BB" Residence First Height and Area -Tract 2 (as amended) NOT RECOMMENDED; RECOMMENDED "GR" General Retail First Height and Area on the first 500' sub- ject to a 6' privacy fence along the east property line; "BB" Residence First Height and Area from the east- ern boundary of the "GR" to the proposed extension of Lazy Ck. Dr., a 70' east-west street from Lazy Ck.Dr. to Ed Bluestein and the proper termination of Durango Pass; and the rest of the property be Zoned "A" Residence. -CITY OF AUSTIN, TEXAS November 21972 1062 Councilman Nichols moved the Council grant the change from Interim "A" Residence First Height and Area to "GR" General Retail First Height and Area on the first 500' subject to a 6' privacy fence along the east property line; "BB" Residence First Height and Area from the eastern boundary of the "GR" General Retail to the proposed extension of Lazy Creek Drive, a 70' east-west street from Lazy Creek Drive to Ed Bluestein Boulevard and the proper termination of Durango Pass; and the remainder of the property be zoned "A" Residence First Height and Area as recommended by the Planning Commission. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Nichols, Friedman, Handcox, Dryden Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the change had been granted as recommended, and the City Attorney was instructed to draw the necessary ordinance to cover. Y. G. CHANG By Joe R. Long C14-72-215 3700 Ronson Street 3701 King Street 618-622 West 37th St. From"A" Residence First Height and Area To "B" Residence Second Height and Area NOT Recommended RECOMMENDED by Planning Commission "B" Residen- ce First Height and Area bubject to bring- ing King, West 37th & Ronson Streets to 50' of right of way with the property owners dedicating of what- ever right of way is needed to do this. Councilman Nichols moved the Council grant the change from "A" Residence First Height and Area to "B" Residence Firstd Height and Area subject to bringing King, West 37th & Ronson Streets to 50' of right of way with the property owners dedicating of whatever right of way is needed to do this. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Handcox, Dryden, Nichols, Friedman Noes: None Absent: Councilman Lebermann, Mayor Butler, Mayor Pro Tem Love Councilman Dryden announced that the change had been granted as recommended, and the City Attorney was instructed to draw the necessary ordinance to cover. CITY OF AUSTIN, TEXAS November 2, 1972 1063 DOUGLAS DUWE General Partner JOE SPARKS, ROBERT DAVIS, HARPER HUDDLESTON, MARY S. BROWER, TRUSTEE & DR. ROBERT HAZELWOOD, Owners C14-72-181 8514-8525 North Lamar Boulevard Rear of Southside of 200- 500 block of San Jose From "A" Residence First Height and Area To "C" Commercial Sixth Height and Area Tract 1 "B" Residence First Height and Area Tract 2 "BB" Residence First Height and Area Tract 3 NOT Recommended RECOMMENDED by Planning Commission "C" Commer- cial Sixth Height and Area for Tract 1, ex- cept for a 25' strip of "B" Residence First Height and Area on the east boundary line, subject to a 6' privacy fence where adjoining residential or mobile home development and a subdivision identifying Tract 1; "BB" Residence First Height and Area for Tracts 2 & 3, sub- ject to a 6' privacy fence on the north and east boundaries of Tract 3, and a subdiv- sion for Tracts 2 and 3 providing for the dedi- cation and improvement of Guadalupe Street through Tracts 2 and 3. Councilman Nichols moved the Council grant the change from "A" Residence First Height and Area to "C" Commercial Sixth Height and Area for Tract 1, except for 25' strip of "B" Residence First Height and Area on the east boundary line, subject to a 6' privacy fence where adjoining residential or mobile home development and a subdivision identifying Tract 1; "BB" Residence First Height and Area for Tracts 2 & 3, subject to a 6' privacy fence on the north and east boundaries of Tract 2 and 6' privacy fence on the north and east boundaries of Tract 3 and a subdivision for Tracts 2 and 3 providing for the deitation and improvement of Guadalupe Street through Tracts 2 and 3 as recommended by the Planning Commission. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilmen Friedman, Dryden, Nichols, Handcox Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the change had been granted as recommended, and the City Attorney was instructed to draw the necessary ordinance to cover. : 1064 EDDIE DILL By Holye Osborne C14-72-217 =CITY OF AUSTIN, TEXAS 3710 Manchaca Road 3712-3800 Manchaca Road (Rear) 3711-3803 Keats Drive November 2, 1972 From "A" Residence Το "0" Office NOT Recommended RECOMMENDED by Planning Commission "BB" Residence subject to a subdivision and dedication of the land needed to bring the right of way on Keats Dr. to 60'. Councilman Nichols moved the Council granttthe change from "A" Residence to "BB" Residence as recommended by the Planning Commission subject to a subdivision and dedication of the land necessary to bring the right of way on Keats Drive to 60'. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Dryden, Nichols Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the change had been granted as recommended and the City Attorney was instructed to draw the necessary ordinance to cover. WILMA HORNE By Martin H. Boozer, Jr. C14-72-234 4017-4021 Manchaca Road 4016-4020 Valley View Road From "A" Residence to "O"Office NOT Recommend- ed RECOMMENDED by Planning Commission "0" Office on all but the easternmost 125', sub- ject to subdivision creating two tracts, and dedication of 10' of right of way on Val- ley View Road. Councilman Nichols moved the Council grant the change from "A" Residence to "0" Office on all but the eastern most 125', subject to subdivision creating two tracts, and dedication of 10' of right of way on Valley View Road. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Handcox, Dryden, Nichols, jFriedman Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the change had been granted as recommended, and the City Attorney was instructed to draw the necessary ordinance to cover. DEWITT C. NOGUES, ET AL C14-72-220 801-911, 904 and 914 South Center Street From "A" Residence To "MH" Mobile Home 3702-3714 South Second St. NOT Recommended RECOMMENDED "MH" on all but 3 tracts north of South Center Street and subject to sub- division, 5' right of way on So. 2nd, and 5' r-o-w ! | = CITY OF AUSTIN, TEXAS November 2, 1972 1065 C14-72-220 (Continued) for the 68 x 201' tract on the south side of South Center Street Recommended by Planning Commission with deletion of right of way. Councilman Friedman inquired about two small lots on Center Street across the main area of this proposed Mobile Home area in between. The Planning Director reported the Planning Commission recommended that those two lots not be zoned, but only the lots south of Center Street should be granted the zoning. Mr. DeWitt C. Nogues, representing his neighborhs and himself, discussed a 5' right of way requirement. He stated 5'of right of way had been included in a paving program. Mr. Lillie recommended that the requirement for 5' of right of way be deleted. Councilman Handcox moved that the right of way requirement be deleted and the change be granted form "A" Residence to "MH" Mobile Home on all but 3 tracts north of South Center Street, subject to subdivision, 5' of right of way on South Second Street and 5' of right of way for the 68 x 201' tract on the south side of South Center Street. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Nichols, Friedman, Handcox, Dryden Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the change had been granted as recommended, and the City Attorney was instructed to draw the necessary ordinance to cover. HENRY G. SANDERS C14-72-223 4106-4108 East 12th Street Rear of 4110-4118 East 12th Street 4120 East 12th Street From "A" Residence To "GR" General Retail Tract 1; "BB" Residence Tract 2 NOT Recommended RECOMMENDED by Planning Commission "BB" Resi- dence on Tract 2 and on the north 155' of Tract 1, subject to a subdivision, a restric tive covenant limiting the densitytto 15 units per acre and a 6' privacy fence where adjoining "A" Residence zoning. Councilman Nichols moved the Council grant the change from "A" Residence to "BB" Residence on Tract 2 and on the north 155' of Tract 1, subject to a subdivision, a restrictive covenant limiting the density to 15 units per acre and a 6' privacy fence where adjoining "A" Residence zoning. The motion, seconded by Councilman Handcox, carried by the following vote: : CITY OF AUSTIN. TEXAS- November 2, 1972 1066 Ayes: Councilmen Friedman, Handcox, Nichols, Dryden Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the change had been granted as recommended, and the City Attorney was instructed to draw the necessary ordinance to cover. BRIDGE STUDIO OF AUSTIN C14-72-218 1705 Palo Duro Road From "A" Residence To "B" Residence RECOMMENDED by Planning Commission subject to a restrictive covenant prohibiting access on Palo Duro Road for other than "A" use, 5' right of way on Palo Duro Road and a 6' privacy fence on the west property line. Councilman Friedman noted this zoning appeared to be a blatant intrusion into a residential area. Planning Director Dick Lillie pointed out commercial zoning on Koenig Lane and on the lot adjacent to this lot on the corner have occured many years ago. The Planning Director stated the streets were still single family residential--30' paving on 50' right of way. Zoning would encroach or extend into the neighborhood with no place to terminate once started. Councilman Friedman moved the Council postpone this application for two weeks, November 16, 1972. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Handcox, Dryden, Nichols, Friedman Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the application had been postponed. HENRIETTA RADAR (Joe Crow's Children new owner) C14-78-297 8401-8415 Interregional Highway 800-818 Fenelon Drive From "A" Residence First Height and Area To "GR" General Retail Fifth Height and Area DISMISSED Councilman Nichols moved the zoning application be dismissed. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Friedman, Handcox Noes: None Absent: Mayor Pro Tem Love, Councilman Lebermann, Mayor Butler Councilman Dryden announced that the zoning had been dismissed. CITY OF AUSTIN, TEXAS November 2, 1972 1067 ROBERT L. OGDEN C14-72-023 1600 West Fifth Street 1602 West Fifth Street From "C" Commercial Second Height and Area Tract 1 "B" Residence Second Height and Area Tract 1 Το "C-2" Commercial Second Height and Area Tract 1 "C" Commercial Second Height and Area Tract DISMISSED Councilman Nichols moved the Council dismiss the zoning application. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Friedman, Handcox Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the zoning had been dismissed. KEN WENDLER C14-72-038 2207-2215 Woodland Avenue 1800-1810 Willow Creek Dr. From "B" Residence Το "LR" Local Retail DISMISSED Councilman Nichols moved the Council dismiss the zoning application. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Friedman, Handcox Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the zoning had been dismissed. JOHN HENRY JOHNSON Independent Executor, Estate of Fannie V. Newgent C14-72-027 1201-1203 Haskell 47-49 3/4 Waller Street From "A" Residence To "B" Residence EXTENDED 90 days Councilman Nichols moved the Council grant the extension for 90 days. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Friedman, Handcox Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the zoning application had been extended for 90 days. VIDEO TAPE SYSTEM Councilman Handcox moved the Council adopt a resolution authorizing the City Manager to apply for $2,775 in Texas Criminal Justice Council funds for the purchase of a video tape system to be used in Police Training. The motion, seconded by Councilman Friedman, carried by the following vote: CITY OF AUSTIN, TEXAS November 2, 1972 1068 Ayes: Councilmen Dryden, Nichols, Friedman, Handcox Noes: None Absent; Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann LIBRARY SITE STUDY POSTPONED The consideration of Consulting Services for proposed Central Library Site Feasibility Study which was continued from October 26, 1972 was postponed at this time. CONTRACTS AWARDED Councilman Nichols moved the Council adopt a resolution awarding the following contracts: a. Supply Agreement for Gasoline Kerosene, Solvent, Diesel Fuel, Oils, Fluids Greases: (1) GULF OIL CORPORATION (Houston, Texas) (2) ATLANTIC RICHFIELD CO. (Houston, Texas) - Bid Items 1.0-4.2, 6.0-6.2- $305,822.25 - Bid Item 7.0-30.0 $36,895.72. (3) Rejected bids on Diesel Fuel No. 1, Bid Item 5. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Nichols, Friedman, Handcox, Dryden Noes: None Absent; Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Nichols moved the Council adopt a resolution awarding the following contract: ED H. PAGE (Austin, Texas) - For installation of Vanderbilt Circle easement Storm Sewer across Northeast Drive. (Capital Improvements Program Project No. 7022 8) The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Nichols, Friedman, Handcox, Dryden Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann PAYMENT TO AUSTIN TRANSIT CORPORATION Councilman Handcox moved the Council adopt a resolution authorizing payment to Austin Transit Corporation for transit service during the month of September in the amount of $13,730. The motion, seconded by Councilman Nichols, carried by the following vote: 1069 CITY OF AUSTIN, TEXAS November 2, 1972 Ayes: Councilmen Friedman, Handcox, Dryden, Nichols Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann RELEASE OF UTILITIES EASEMENT Councilman Nichols moved the Council adopt a resolution authorizing release of an existing public utilities easement out of Lots 2 and 3, PARKER HEIGHTS SECTION TWO-A. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Handcox, Dryden, Nichols, Friedman Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann USE OF ULLRICH WATER TREATMENT PLANT Councilman Nichols moved the Council grant the request of Mr. Charles Sansom, Director Administrative Service, Austin Independent School District, to use the Ullrich Water Treatment Plant as a polling place for Precinct 322 for the Community College Election to be held on Saturday, December 9th. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilmen Nichols, Friedman, Handcox, Dryden Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann PARADE PERMIT Councilman Nichols moved the Council grant the request of Mr. Jack G. Fritts, representing Texas A & M University Former Students Association, for a parade permit on Thursday, November 23, 1972 from 2:00 P. M. to 4:00 P. M. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Noes: Councilmen Friedman, Handcox, Dryden, Nichols None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann AMENDING ORDINANCE 2ND READING Councilman Dryden brought up the following ordinance: AN ORDINANCE AMENDING SECTION 21-41 OF THE AUSTIN CITY CODE OF 1967 SO AS TO SET THE MAXIMUM PRIMA FACIE SPEED ALONG PARKER LANE; AND DECLARING AN EMERGENCY. Councilman Nichols moved the Council pass the ordinance through its second reading. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Nichols, Friedman, Handcox, Dryden Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann CITY OF AUSTIN, TEXAS November 2, 1972 1070 Councilman Dryden announced that the ordinance had been passed to its third reading. ANNEXATION ORDINANCE - 2ND READING Councilman Dryden brought up the following ordinance: AN ORDINANCE PROVIDING FOR THE EXTESNION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEXATION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 32.48 ACRES OF LAND AND 28.59 ACRES OF LAND, BOTH BEING OUT OF AND A PART OF THE SANTIAGO DEL VALLE GRANT, 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. Councilman Nichols moved the Council pass the ordinance through its second reading. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Noes: Councilmen Nichols, Friedman, Handcox, Dryden None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the ordinance had been passed to its third reading. ZONING ORDINANCE - 2ND READING Councilman Dryden brought up the following ordinance: AN ORDINANCE ORDERINGAA CHANGE IN USE AND CHANGING THE USE MAPS ACCOMPANYING CHAPTER 45 OF THE AUSTIN CITY CODE OF 1967 AS FOLLOWS: (1) A 3.6 ACRE TRACT OF LAND, LOCALLY KNOWN AS 2426-2434 BLUEBONNET LANE; 2500-2512 DEL CURTO ROAD, FROM "A" RESIDENCE DISTRICT TO "BB" RESIDENCE DISTRICT; AND, (2) LOT 2 OF THE RESUBDIVISION OF LOT 7, BLOCK 1, BANISTER ACRES, LOCALLY KNWON AS 4322-4324 GILLIS STREET; 1400-1404 CASEY STREET, FROM "A" RESIDENCE DISTRICT ΤΟ "GR" GENERAL RETAIL DISTRICT; ALL OF SAID PROPERTY BEING LOCATED IN AUSTIN, TRAVIS COUNTY, TEXAS; AND DECLARING AN EMERGENCY. Councilman Nichols moved the Council pass the ordinance through its second reading. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Dryden, Nichols Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the ordinance had been passed to its third reading. _ CITY OF AUSTIN, TEXAS November 2, 1972 1071 Councilman Dryden brought up 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: TRACT 5: LOT 7, BLOCK 5, LORRAINE HEIGHTS, FROM "B" RESIDENCE DISTRICT TO "A" RESIDENCE DISTRICT; AND, TRACT 6: LOTS 7, 8, 9, 10, 21, 22 AND 23, BLOCK A, ROSEWOOD VILLAGE, SECTION 8, FROM "B" RESIDENCE DISTRICT TO "A" RESIDENCE DISTRICT; AND, TRACT 7: LOT 21, GLEN OAKS SUBDIVISION, OUTLOTS 11 AND 63, DIVISION B, FROM "B" RESIDENCE DISTRICT TO "A" RESIDENCE DISTRICT; PROPERTY BEING LOCATED ON WEBBERVILLE ROAD, PLEASANT VALLEY ROAD AND NILE STREET; ALL OF SAID PROPERTY BEING LOCATED IN AUSTIN, TRAVIS COUNTY, TEXAS; AND DECLARING AN EMERGENCY. Councilman Nichols moved the Council pass the ordinance through its second reading. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Dryden, Nichols Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the ordinance had been passed to its third reading. REFUND CONTRACT ORDINANCES POSTPONED Councilman Nichols moved the Council postpone for two weeks the second and third readings of ordinances authorizing the following refund contracts: C. DARRELL HOPKINS ROBERT L. OGDEN RAYMOND E. MITCHELL W. D. McGRAW, SR. DESSAU LAND COMPANY LOGAN MELTON - For water and sewer mains in Pecan Subdivision - $41,155.22. - For water and sewer mains in Creek Bend, Section 4 - $22,013.78 Water mains in Forest North Estates Phase 1 $71,307.00. - For water mains in Dessau Estates, Section 3 $14,933.69. - For water mains in Dessau Estates, Section 1 $22,607.34. - For water mains in Resubdivision of Lots C-4, E-1, and E-3, NORTHWEST HILLS RANCH, Section 1 $14,033.13. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Friedman, Handcox Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann CITY OF AUSTIN. TEXAS- November 2, 1972 1072 STREET VACATION ORDINANCE - 2ND READING Councilman Dryden introduced the following ordinance: AN ORDINANCE VACATING AND PERPETUALLY CLOSING FOR PUBLIC USE THOSE CERTAIN PORTIONS OF INLAND GREENS, IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; RETAINING EASEMENTS IN THE CITY FOR PUBLIC UTILITY PURPOSES; AND DECLARING AN EMERGENCY. Councilman Nichols moved the Council pass the ordinance through its second reading. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Handcox, Dryden, Nichols, Friedman Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann reading. Councilman Dryden announced that the ordinance had been passed to its third Councilman Dryden introduced the following ordinance: AN ORDINANCE VACATING AND PERPETUALLY CLOSING FOR PUBLIC USE THAT CERTAIN PORTION OF SHADOW PARK DRIVE, IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; RETAINING EASEMENTS IN THE CITY FOR ELECTRIC AND DRAINAGE PURPOSES; AND DECLARING AN EMERGENCY.. Councilman Nichols moved the Council pass the ordinance through its second reading. The motion, seconded by Councilman Handcox, carried by the following vote: Councilmen Handcox, Dryden, Nichols, Friedman Ayes: Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the ordinance had been passed to its third reading. Councilman Dryden introduced the following ordinance: AN ORDINANCE VACATING AND PERPETUALLY CLOSING FOR PUBLIC USE THAT CERTAIN PORTION OF EAST 13TH STREET, IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; RETAINING EASEMENTS IN THE CITY FOR DRAINAGE AND PUBLIC UTILITY PURPOSES; AND DECLARING AN EMERGENCY. Councilman Nichols moved the Council pass the ordinance through its second reading. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Handcox, Dryden, Nichols, Friedman Noes: None Absent: Councilman Lebermann, Mayor Butler, Mayor Pro Tem Love Councilman Dryden announced that the ordinance had been passed to its third reading. _ CITY OF AUSTIN, TEXAS November 2, 1972 1073 Councilman Dryden introduced the following ordinance: AN ORDINANCE VACATING AND PERPETUALLY CLOSING FOR PUBLIC USE THAT CERTAIN PORTION OF HALSEY AVENUE, IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; RETAINING ANY AND ALL EASEMENTS IN THE CITY; AND DECLARING AN EMERGENCY. Councilman Nichols moved the Council pass the ordinance for its second reading. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Handcox, Dryden, Nichols, Friedman Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann reading. Councilman Dryden announced that the ordinance had been passed to its third ZONING ORDINANCES FIRST READING Councilman Dryden introduced the following ordinance: AN ORDINANCE ORDERING A CHANGE IN USE AND HEIGHT AND AREA AND CHANGING THE USE AND HEIGHT AND AREA MAPS ACCOMPANYING CHAPTER 45 OF THE AUSTIN CITY CODE OF 1967 AS FOLLOWS: (1) LOT 9, LONGVIEW TERRACE SUBDIVISION, LOCALLY KNOWN AS 2307 LONGVIEW STREET, FROM "A" RESIDENCE DISTRICT TO "B" RESIDENCE DISTRICT; AND, (2) A 39.41 ACRE TRACT OF LAND, LOCALLY KNOWN AS 6101-6403 BOLM ROAD; THE REAR OF 876-998 ED BLUESTEIN BOULEVARD; 750-826 ED BLUESTEIN BOULEVARD; AND 701-1015 GARDNER ROAD, FROM INTERIM "A" RESIDENCE, INTERIM FIRST HEIGHT AND AREA DISTRICT ΤΟ "B" RESIDENCE, FIRST HEIGHT AND AREA DISTRICT; AND, (3) TRACT 1: A 2.00 ACRE TRACT OF LAND, LOCALLY KNOWN AS 206-220 PROPOSED RAMBLE LANE, FROM INTERIM "A" RESIDENCE, INTERIM FIRST HEIGHT AND AREA DISTRICT ΤΟ "BB" RESIDENCE, FIRST HEIGHT AND AREA DISTRICT; TRACT 2: A 3.44 ACRE TRACT OF LAND, LOCALLY KNOWN AS 100-204 PROPOSED RAMBLE LANE, FROM INTERIM "A" RESIDENCE, INTERIM FIRST HEIGHT AND AREA DISTRICT TO "C" COMMERCIAL, FIRST HEIGHT AND AREA DISTRICT; TRACT 3: A 9.42 ACRE TRACT OF LAND, LOCALLY KNOWN AS 4816-5102 SOUTH CONGRESS AVENUE, FROM INTERIM "A" RESIDENCE, INTERIM FIRST HEIGHT AND AREA DISTRICT TO "C" COMMERCIAL, FIRST HEIGHT AND AREA DISTRICT; TRACT 4: LOTS 14 AND 15, COMMUNITY OF FAIRVIEW, SECTION 5, LOCALLY KNOWN AS 5218-5226 SOUTH CONGRESS AVENUE; 101-307 PROPOSED RAMBLE LANE, FROM INTERIM "A" RESIDENCE, INTERIM FIRST HEIGHT AND AREA DISTRICT TO "C" COMMERCIAL, FIRST HEIGHT AND AREA DISTRICT; AND, (4) TRACT 1: A 2.5 ACRE TRACT OF LAND, LOCALLY KNOWN AS 412-504 WONSLEY DRIVE; 501-507 EAST POWELL LANE, FROM INTERIM "A" RESIDENCE, INTERIM FIRST HEIGHT AND AREA DISTRICT TO "B" RESIDENCE, FIRST HEIGHT AND AREA DISTRICT; TRACT 2: A00.62 ACRE TRACT OF LAND, LOCALLY KNOWN AS 601-603 EAST POWELL LAND, FROM INTERIM "A" RESIDENCE, INTERIM FIRST HEIGHT AND AREA DISTRICT TO "B" RESIDENCE, FIRST HEIGHT AND AREA DISTRICT; TRACT 3: A 2.5 ACRE TRACT OF LAND, LOCALLY KNOWN AS 606-700 WONSLEY DRIVE; 609-707 EAST POWELL LANE, FROM INTERIM "A" RESIDENCE, INTERIM FIRST HEIGHT AND AREA DISTRICT TO "B" RESIDENCE, FIRST HEIGHT AND AREA DISTRICT; AND, (5) A 1.608 ACRE TRACT OF LAND, LOCALLY KNOWN AS 7543-7561 CAMERON ROAD, FROM INTERIM "A" RESIDENCE, INTERIM FIRST HEIGHT AND AREA DISTRICT TO "GR" GENERAL RETAIL, FIRST HEIGHT AND AREA DISTRICT; ALL OF SAID PROPERTY BEING LOCATED IN AUSTIN, TRAVIS COUNTY, TEXAS; SUSPENDING __ CITY OF AUSTIN, TEXAS November 2, 1972 1074 THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND DECLAR ING AN EMERGENCY. Councilman Nichols moved the Council pass the ordinance through its first reading. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Friedman, Handcox Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the ordinance had been passed to its second reading. Councilman Dryden 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 B, STECK ADDITION NO. 2, LOCALLY KNOWN AS 8106-8110 SHOAL CREEK BOULEVARD, FROM "O" OFFICE DISTRICT TO "C" COMMERCIAL 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 pass the ordinance through its first reading. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Friedman, Handcox Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the ordinance had been passed to its second reading. Councilman Dryden introduced the following ordinance: AN ORDINANCE ORDERING A CHANGE IN USE AND HEIGHT AND AREA AND CHANGING THE USE AND HEIGHT AND AREA MAPS ACCOMPANYING CHAPTER 45 OF THE AUSTIN CITY CODE OF 1967 AS FOLLOWS: (1) ALL OF LOT 2, LINDY HUBER SUBDIVISION, SAVE AND EXCEPT THE SOUTH TWENTY-FIVE FEET THEREOF, AND ALL OF LOTS 3A AND 3B, GATLIFF RESUBDIVISION OF LINDY HUBER SUBDIVISION, SAVE AND EXCEPT THE SOUTH TWENTY-FIVE FEET THEREOF, FROM INTERIM "A" RESIDENCE, INTERIM FIRST HEIGHT AND AREA DISTRICT TO "GR" GENERAL RETAIL, FIRST HEIGHT AND AREA DISTRICT; AND, (2) THE SOUTH TWENTY-FIVE FEET OF LOT 2, LINDY HUBER SUBDIVISION, AND THE SOUTH TWENTY-FIVE FEET OF LOTS 3A AND 3B, GATLIFF RESUBDIVISION OF LINDY HUBER SUBDIVISION, FROM INTERIM "A" RESIDENCE, INTERIM FIRST HEIGHT AND AREA DISTRICT TO "B" RESIDENCE, FIRST HEIGHT AND AREA DISTRICT; LOCALLY KNOWN AS 19082-9126 OLDU. S. HIGHWAY 183: ALL OF 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 pass the ordinance through its first reading. The motion, seconded by Councilman Handcox, carried by the following vote: _ CITY OF AUSTIN, TEXAS November 2, 1972 1075 : i : Ayes: Councilmen Dryden, Nichols, Friedman, Handcox Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann i Councilman Dryden announced that the ordinance had been passed to its second reading. Councilman Dryden 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 12A, RESUBDIVISION OF LOTS 12 AND 13, BLOCK 2, ST. JOHN'S HOME ADDITION, LOCALLY KNWON AS 700-702 BLACKSON AVENUE; 7401-7405 MARTIN AVENUE, FROM "A" RESIDENCE DISTRICT TO "GR" GENERAL RETAIL DISTRICT; SAID PROPERTY BEING LOCATED IN AUSTIN, TRAVIS COUNTY, TEXAS; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS. Councilman Nichols moved the Council pass the ordinance through its first reading. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Friedman, Handcox Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the ordinance had been passed to its second reading. Councilman Dryden 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 2, RESUBDIVISION OF A PART OF LOT 4, LEWIS HANCOCK SUBDIVISION, LOCALLY KNOWN AS 4212 MEDICAL PARKWAY, FROM "A" RESIDENCE DISTRICT TO "O" OFFICE 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 pass the ordinance through its first reading. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Friedman, Handcox Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the ordinance had been passed to its second reading. Councilman Dryden 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 1 OF THE RESUBDIVISION OF LOTS 1 AND 2, MIMOSA MANOR, SECTION 4, LOCALLY KNOWN AS 2001-2003 MATTHEWS LANE; 7200-7206 MANCHACA ROAD, FROM "A" RESIDENCE _ CITY OF AUSTIN, TEXAS November 2, 1972 1076 DISTRICT TO "LR"LOCAL RETAIL 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 pass the ordinance through its first reading. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Noes: Councilmen Dryden, Nichols, Friedman, Handcox None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the ordinance had been passed to its second reading. AMENDING ORDINANCE Councilman Dryden introduced the following ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 710909-1 BY TRANSFERRING CERTAIN FUNDS WITHIN THE 1971-72 BUDGET DOCUMENT; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS AND DECLARING AN EMERGENCY. Councilman Nichols moved the Council pass the ordinance through its first reading. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Nichols, Friedman, Handcox, Dryden Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the ordinance had been passed to its second reading. ANNEXATION ORDINANCE Councilman Dryden introduced the following ordinance: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEXATION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 15.53 ACRES OF LAND, SAME BEING OUT OF AND A PART OF THE JOHN APPLEGAIT SURVEY; 17.24 ACRES OF LAND, SAME BEING OUT OF AND A PART OF THE J. C. TANNEHILL LEAGUE; 36.87 ACRES OF LAND, SAME BIENG OUT OF AND A PART OF THE THEODORE BISSEL LEAGUE; 94.24 ACRES OF LAND, SAME BEING PARTLY OUT OF AND A PART OF THE GEORGE W. DAVIS SURVEY AND PARTLY OUT OF AND A PART OF THE JOHN APPLEGAIT SURVEY; AND 26. 58 ACRES OF LAND, SAME BEING OUT OF AND A PART OF THE SANTIAGO DEL VALLE GRANT; ALL BEING LOCATED 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. Councilman Nichols moved the Council pass the ordinance through its third and final reading. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Dryden, Nichols CITY OF AUSTIN, TEXAS November 2, 1972 Noes: None Absent: Councilman Lebermann, Mayor Butler, Mayor Pro Tem Love Councilman Dryden announced that the ordinance had been finally passed. TENNIS CENTER SITES POSTPONED Councilman Nichols moved the Council postpone for two weeks or until all Councilmen are present the Alternative Sites for Tennis Center. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilmen Handcox, Dryden, Nichols, Friedman Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann PRESENTATION OF AUSTIN TRANSIT STUDY City Manager Davidson reported copies of the study had been distributed, and Mr. Ternus, Director of Traffic and Transportation Department, had held a press conference for the purpose of advising the public what is being recommended. So that those in the audience would know what is proposed, City Manager Davidson called on Mr. Ternus to present the recommendations included in the study. Mr. Joe Ternus gave a synopsis of the study which began a year ago, and which covered all existing traffic systems within the City, and a five year program for developing a first calss transit system for the City. Proposed were (1) a customer service information center, and a public information program, both to be located within the transit system, (2) Council consideration in establishing criteria for frequency of service, bus operation speeds, route structures, and hours of service. The recommendation on expanded hours of service is 6 A. M. until 10 P. M. weekdays, and restoration of Sunday service. Recommendation for a complete revision of the fare structure includes 30¢ for ridership anywhere within the City, eliminating the zone system and transfers; half fares for senior citizens, the Mind, and handicapped persons; and that a special service rate for charter operation to remain as it is currently. The study includes bus stops, route markers, shelters, and benches at major transfer points; a closer relationship with other systems operating in the City, particularly with the University of Texas Shuttle Bus system. The routes are recommended to enable Model Cities Transportation to better serve their programs. Included also are parking facilities in the central area and along expressway. system, bus service, and a central area circulation system. Mr. Ternus stated Austin would have an opportunity to present to the public a new system with which the public would be very pleased. His request was that a public hearing be scheduled for November 16, in order to allow interested citizens to present their views and to answer further questions that the Council might have after additional study of the report. Councilman Friedman commended the City Manager, Mr. Ternus and his staff for setting up the program needed for the new bus system, particularly the recommended fare structure, and for his consideration of the senior citizens and handicapped citizens by a reduced rate. 1078 CITY OF AUSTIN, TEXAS November 2, 1972 Mr. Ternus was grateful to the support that the Council had given to the public service in transportation and also for the tremendous response received from the general public. Following the hearing, they could consider any new suggestions that might be worked into the system and come back to the Council. Mr. Ternus pointed out on the mounted map the new routes, particularly in new areas that have not had any bus service; also a proposed east-west route; services to IBM, Balcones, Research, and to the employment centers in the residential areas of Northwest Hills, Quail Creek, and St. Johns area. Councilman Friedman moved the Council set 7:00 P. M., November 16th as the time for the public hearing on the Austin Transit Study. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Dryden, Friedman, Nichols, Handcox Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann REINSTATEMENT OF ZONING CASE Mr. Martin Boozer, representing Lt. W. J. Taylor, asked that a zoning case (through inadvertance on their part was dismissed on June 1st) be reinstated and that an ordinance be passed this morning. It was stated the Ordinance could not be passed at this time. Mr. Boozer stated all contingencies had been brought into compliance when the Planning Commission on October 10, 1972, reversed their prior decision concerning the short form subdivision, that taking place three months after the case was dismissed. Mr. Boozer further explained that when the problem came to his office it was not presented as a zoning problem. The previous owner had received the letter citing since the conditions had not been satisfied, the case was on the agenda for possible dismissal for June 1st. This letter was forwarded to Lt. W. J. Taylor, member of the Police Department, who had purchased the property February 1, 1972. Lt. Taylor then contacted the Planning Department and was told to file a short form subdivision, and he did what he thought he was to do in proper timing. After discussion, Councilman Nichols moved that this application be reinstated subject to recommendations of the City Attorney. Councilman Friedman seconded the motion which carried by the following vote: Ayes: Councilmen Dryden, Nichols, Friedman, Handcox Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann STREET IMPROVEMENT The City Manager, Mr. Dan Davidson, recalling that the Council requested that the City pursue the paving of East 51st Street from that section of Old Manor Road to the portion now called New Manor Road, made a report on the right of way situation. There is no right of way for this paving. Generally abutting property owners pave new streets as developed, dedicating a reasonable amount of right of way, as the improvement of their streets benefit the property. Mr. Frank Barron, owner, was required to dedicate right of way due to zoning. No one =CITY OF AUSTIN, TEXAS November 2, 1972 1079 else was willing to go ahead with the paving and Mr. Barron feels he is being held up in his development. Should the City go ahead with the project, there would be a cost of $45,000 to purchase the right of way that would be obtained when development takes place. City Manager Davidson suggested if Mr. Barron agrees, that the Council initiate an item before the Council and perhaps the Planning Commission to remove that restriction on his zoning that requires the im- proving of the street before development. Councilman Nichols gave a history of this land in that the City previously had owned the property, and in other transactions there was a contingency as to street dedication by a certain time. The owners were going to file suit and have this rescinded, so the City did nothing about it. Councilman Nichols stated Mr. Barron is not able to use his property because of this contingency employed, and some consideration should be given. He stated he was unwilling at this point personally to buy this street back. Councilman Handcox agreed and suggested removing that restriction because of lack of cooperation from abutting property owners. No action was necessary at this time, as the City Manager had made a report. COMMUNITY ACTION BOARD City Manager Davidson asked that the Deputy City Manager, Mr. Homer Reed, present this report. Mr. Reed listed the numerous meetings held by various groups of the Human Opportunities Corporation with the Board; and the City Manager had met with the Chairman or Presidents of the Advisory Committee that are elected in each target area. Members of the Staff had met with the Transition Committee in the interest of this transition process. Mr. Reed reviewed the composition of the new Community Action Board that would advise the Council in future operations of the OEO program. The ordinance setting out the Board had been approved by the Regional Office of the Economic Opportunity in Dallas, as part of the plan for assumption of responsibility for the OEO Program on September 28th. A detailed transition plan is required by OEO for providing every detail of the transition process. The Board provides for 18 members, six to be representatives of the poor elected democratically' six to be direct appointees of the City Council; and six to be named by interest groups that are in turn designated by the Council. As to the elction of representatives of the poor, there are 10 target areas and only six places for representatives. He explained the regroupsing of the target areas, and a proposal that had been worked out and approved by OEO, whereby the north-south and east rural would have one representative; Rosewood and St. Johns area combined would have two representatives; 1st Street and Montopolis area combined would have two representatives; and the South Austin, Clarksville, and west rural areas would have one representative. Mr. Reed described procedures of the election plan. Each forum will be monitored by a representative of the State Office of OEO along with the City representatives to provide staff assistance as needed. A news conference to review details of this procedure is scheduled for November 3rd. Five hundred posters will be located at stragetic locations through the areas where the poor reside. About 18,000 fliers will be printed and delivered to the door of each resident in the target areas. Information meetings are being scheduled with advisory counsels that are elected in each of the ten areas. It was his opinion that the combination of this publicity would assure that everyone in the target areas would be aware of the election, have the opportunity to attend and actively participate in the democratic selection of the six 1080 CITY OF AUSTIN, TEXASNovember 2, 1972 representatives of the poor on the board. City Manager Davidson had an opportunity to visit with Mrs. Velma Roberts, current Chairman of the HOC Board; Mr. Leo Hernandez; Mr. Andy Ramirez, current Acting Director of HOC, and they asked him to relate the problems they forsee. They intend to make a comprehensive report with recommendations for the Council to consider in the future for HOC - Community Action Agency. They recognize the importance of proceeding with the transition. He stated they would ask for more representation from the poor; but they are not asking that the Council try to amend the ordinance now which would slow down the procedure. Other points about which they have felt concerned were that the rural representatives may feel they would not have enough representation on the Board. Mrs. Roberts would request the Council to look at this carefully between now and the next election to be held next February. He further reported these people would recommend that future elections be in polling places located throughout the community of the poor so that the ballot method of election representation in the future could be utilized. He had suggested that this group list all of these suggestions for consideration. Mr. Leo Hernandez stated they were concerned about getting both the representatives of the poor and the public officials to appoint the private interest group -- special interest groups. Mr. Davidson stated they were to meet the following day to review what can best be done. Councilman Friedman likewise noted the concern from the rural areas as to their being taken over by the City. They feared they would not have much chance to have a rural representative and they were afraid their people could not get to the polling places. He stressed the importance that they would be included in the program. City Manager Davidson stated these comments about representation are appropriate at this time; as within the next two weeks the Council would have an opportunity to name its representation to the new board so that by the time the election processes were complete there would be a duly constituted Community Action Board to proceed with the program. He stated this constitutes their report. City Manager Davidson stated they were prepared to move right ahead on this program and stated there was good cooperation from the people that are really concerned. They would continue the communications and request their cooperation in the future. Presiding Officer Dryden thanked the City Manager and Deputy City Manager for this report. ELECTRICAL CODE AMENDMENT Councilman Dryden introduced the following ordinance: AN ORDINANCE AMENDING SECTION 37-19 OF THE AUSTIN CITY CODE OF 1967 BY DELETING SUBSECTION (a) OF SAID SECTION AND REDESIGNATING THE OTHER SUBSECTIONS THEREOF APPRORIATELY; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. CITY OF AUSTIN, TEXAS November 2, 1972. 1081 Councilman Friedman explained the Section to be deleted, stating basically it referred in part to the non-licensing of persons who have been convicted of a felony. It was felt that this was a little restrictive and one who had paid his debt to society should not be deprived of the opportunity to work in the City of Austin. This amendment was recommended by the Electrical Board that this Section 37-19 be deleted. This matter had been reviewed by the City Attorney, the Building Official, and the Electrical Board. City Attorney Butler stated after considerable discussion it was better to strike the whole provision. Councilman Friedman moved the Council pass the ordinance through its first reading. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Dryden, Nichols Noes: None Absent: Mayor Butler, Mayor Pro Tem Love, Councilman Lebermann Councilman Dryden announced that the ordinance had been passed to its second reading. ADJOURNMENT The Council then adjourned. ATTEST: City Clerk APPROVED: Presiding Officer, Councilman Dryden