CITY OF AUSTIN, TEXAS 1173 ا MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting December 07, 1972 10:00 Α. Μ. COUNCIL CHAMBERS, CITY HALL The meeting was called to order with Mayor Butler presiding. Roll Call: Present: Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilmen Lebermann, Friedman, Handcox, Mayor Butler Absent: None The Invocation was delivered by REVEREND DON REDMUND, Texas Methodist Foundation. MINUTES APPROVED Councilman Nichols moved the Council approve the Minutes of the Regular Meeting of November 16, 1972, with the addition of the name "Grover Williams" as Vice-President of Trinity Testing Laboratories on Page.2. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilmen Lebermann Friedman, Handcox, Mayor Butler Noes: None SPECIAL RECOGNITION Mayor Butler announced a large number of people were present to recognize Mr. Burnet "Blondie" Pharr. Mayor Pro Tem Love read the Resolution signed by the Mayor and all Council members, enumerating the achievements accomplished by Mr. Pharr in developing champions and promoting tennis, serving as the Manager of Caswell Tennis Center, and in assisting the Parks and Recreation Department in administering the Caswell Tennis Center, serving the residents of the City of Austin in the finest tradition of public service and committing himself to a job well done in the Management of Caswell Center. The citizens were urged to join in the expression of appreciation and commendation of Mr. Pharr for his skill and developing many young tennis champions. i - CITY OF AUSTIN, TEXAS December 7, 1972 1174 RECOGNITION OF FIRE DEPARTMENT RECRUITS Mayor Butler welcomed the group from the Austin Fire Department, stating they would soon be graduated, and would become a part of the best Fire Department around. ITEMS NOT TAKEN UP The following three items were not taken up by the Council at this time: 1. Cemetery rates. 2. Use of PVC pipe by the City of Austin 3. Navigation Board Report on Lowering of Lake Austin. ZONING HEARINGS The Mayor announced it was 10:00 A. M. and the Council would hear the zoning cases scheduled for this time. FOREST S. PEARSON C14-72-243 623-625 W. 37th St. 622-624 Maiden Ln. From "A" Residence To "B" Residence RECOMMENDED By Planning Commission Councilman Nichols moved the Council grant the change from "A" Residence to "B" Residence as recommended by the Planning Commission. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilman Nichols, Mayor Pro Tem Love, Councilmen Lebermann, Friedman, Handcox, Mayor Butler, Councilman Dryden Noes: None The Mayor announced that the change had been granted and the City Attorney was instructed to draw the necessary ordinance to cover. JAGGER ASSOCIATES, INC. By Robert Davis C14-72-268 Timberline Drive 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 the Planning Commission. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Lebermann, Friedman, Handcox, Mayor Butler, Councilmen Dryden, Nichols Noes: None The Mayor announced that the change had been granted, and the City Attorney was instructed to draw the necessary ordinance to cover. December 7、1972 1175 CAMERON ROAD CHURCH OF CHRIST By Dale Ossip Johnson & Bill Burnette C14-72-269 _ CITY OF AUSTIN, TEXAS Rear of 6012-6102 Cameron Road : From "A" Residence First Height and Area To "0" Office Second Height and Area RECOMMENDED by Planning Commission Councilman Nichols moved the Council grant the change from "A" Residence First Height and Area to "O" Office Second Height and Area as recommended by the Planning Commission. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Lebermann, Friedman, Handcox, Mayor Butler, Councilmen Dryden, Nichols, Mayor Pro Tem Love Noes: None The Mayor announced that the change had been granted from "A" Residence First Height and Area to "0" Office Second Height and Area as recommended, and the City Attorney was instructed to draw the necessary ordinance to cover. KASH-KARRY, INC. By John H. Akin C14-72-242 Rear of 6202-6212 Manchaca Road From "A" Residence To "GR" General Retail RECOMMENDED by Planning Commission subject to subdivision to identify the tract and combine it with the "GR" General Retail tract Fronting on Manchaca Road, and a 6' privacy fence along the west boundary line. 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 to identify the tract and combine it with the "GR" General Retail tract fronting on Manchaca Road, and a 6' privacy fence along west boundary line. The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Councilman Handcox, Mayor Butler, Councilman Nichols, Mayor Pro Tem Love, Councilmen Lebermann, Friedman Noes: None Not in Council Chamber when Roll was called: Councilman Dryden The Mayor announced that the change had been granted as recommended, and the City Attorney was instructed to draw the necessary ordinance to cover. O. H. HAVEMAN, ET UX By Nuel Childs C14-72-247 1406 Hether St. From "A" Residence Το "0" Office RECOMMENDED by Planning Commission subject to 5' right of way on Hether Street _ CITY OF AUSTIN, TEXAS December 7, 1972 1176 Councilman Nichols moved the Council grant the change from "A" Residence to "Q" Office as recommended by the Planning Commission subject to 5' right of way on Hether Street. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Mayor Butler, Councilman Nichols, Mayor Pro Tem Love, Councilmen Noes: None Lebermann, Friedman, Handcox Not in Council Chamber when Roll was called: Councilman Dryden The Mayor announced that the change had been granted as recommended, and the City Attorney was instructed to draw the necessary ordinance to cover. RAYMOND C. PILLACK ET UX C14-72-251 South end of Shirley Street From "A" Residence To "B" Residence RECOMMENDED subject to 6' privacy fence where abutting "A" Zoning and prohibition of access to Irma Drive Councilman Nichols moved the Council grant the change from "A" Residence to "B" Residence as recommended by the Planning Commission subject to a 6' privacy fence where abutting "A"zoning and prohibition of access to Irma Drive. The motion, seconded by Mayor Pro Tem Love, carried by the following vote: Ayes: Councilman Nichols, Mayor Pro Tem Love, Councilmen Lebermann, Friedman, Handcox, Mayor Butler Noes: None Not in Council Chamber when Roll was called: Councilman Dryden Mayor Butler announced that the change had been granted as recommended, and the City Attorney was instructed to draw the necessary ordinance to cover. CLEAR CREEK PROPERTIES, INC. C14-72-258 East of 6700-7002 Pleasant Valley Rd. From Interim "A" Resi- dence First Height and Area Το "ΜΗ" Mobile Home First Height and Area RECOMMENDED by Planning Commission subject to the finalization of sub- divisions known as Onion Creek Forest, Sec. 1 & 2. Councilman Nichols moved the Council grant the change from Interim "A" Residence First Height and Area to "MH" Mobile Home First Height and Area as recommended by the Planning Commission subject to the finalization of subdivisions known as Onion Creek Forest, sections 1 and 2. The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Lebermann, Friedman, Handcox, Noes: Mayor Butler, Councilman Nichols None Not in Council Chamber when Roll was called: Councilman Dryden _ CITY OF AUSTIN, TEXAS December 7, 1972 1177 The Mayor announced that the change had been granted as recommended, and the City Attorney was instructed to draw the necessary ordinance to cover. DOROTHY C. HAMBY By Bob Wilson C14-72-261 7100 Guadalupe St. From "A" Residence To "BB" Residence RECOMMENDED by Planning Commission subject to 5' right of way on Kaw- nee Drive. Councilman Nichols moved the Council grant the change from "A" Residence to "BB" Residence as recommended by the Planning Commission subject to 5' right of way on Kawnee Drive. The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Mayor Butler, Councilman Nichols, Noes: Mayor Pro Tem Love, Councilman Lebermann None Not in Council Chamber when Roll was called: Councilman Dryden The Mayor announced that the change had been granted as recommended, and the City Attorney was instructed to draw the necessary ordinance to cover. BILLIE J. LYNAS C14-72-263 3504 Darby Lane,3506- 3510 Darby Ln. Rear of 3512-3514 Darby Ln. 3528-3538 Darby Ln. 6219-6309 Wilcab Rd. From "A" Residence Το "C" Commercial RECOMMENDED by Planning Commission subject to one-half of the right of way needed to bring Darby to 60' of right way and a subdivision. Councilman Nichols moved the Council grant the change from "A" Residence to "C" Commercial as recommended by the Planning Commission subject to one-half the right of way needed to bring Darby to 60' of right of way and a subdivision. The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Councilman Handcox, Mayor Butler, Councilman Nichols, Mayor Pro Tem Love, Councilmen Lebermann, Friedman Noes: None Not in Council Chamber when Roll was called: Councilman Dryden The Mayor announced that the change had been granted as recommended and the City Attorney was instructed to draw the necessary ordinance to cover. RONALD E. TYNES, PAUL R. ROLAND, J. ERWIN DAVIS, JR. RAYMOND E. THOMAS C14-72-265 1800-1940 Rutland Dr. From "A" Residence Το "GR" General Retail, "B" Residence, and "BB" Residence (as amended) RECOMMENDED subject to dedication of land needed to bring Rutland to 80' right of way; dedication of land need- ed to complete inter- section of Rutland CITY OF AUSTIN, TEXAS December 7, 1972 1178 C14-72-265(Cont'd.) and Quail Valley Blvd. as determined by Traf- fic and Transportation Dept.; letter from owner agreeing to extend Mearns thru the trs., providing for proper termination of Pine Knoll; and a 6' privacy fence and 50' building setback where adjoining industrial development' and field notes to identify the tracts by zoning. Councilman Handcox moved the Council grant the change from "A" Residence to "GR" General Retail, "B" Residence and "BB" Residence as recommended by the Planning Commission subject to dedication of the land needed to complete the intersection of Rutland and Quail Valley Blvd. as determined by Traffic & Transportation Dept.; letter from owner agreeing to extend Mearns thru the tr. providing for proper termination of Pine Knoll; a 6' privacy fence and 50' building setback where adjoining industrial development; and field notes to identify the tracts by zoning. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilmen Lebermann, Friedman, Handcox Noes: None Abstain: Mayor Butler The Mayor announced that the change had been granted as recommended, and the City Attorney was instructed to draw the necessary ordinance to cover. DAISY NISBET By Martin Boozer, Jr. C14-72-266 4108-4112 So. 1st St. From "A" Residence First Height and Area To "C" Commercial Sixth Height and Area RECOMMENDED subject to subdivision and 6' privacy fence where adjoining "A" zoning. Councilman Nichols moved the Council grant the change from "A" Residence First Height and Area to "C" Commercial Sixth Height and Area as recommended by the Planning Commission subject to subdivision and 6' privacy fence where adjoining "A" zoning. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilman Nichols, Mayor Bro Tem Love, Councilmen Friedman, Handcox, Mayor Butler, Councilman Dryden Noes: None The Mayor 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 December 7, 1972 1179 DAVID B. BARROW E. R. BARROW By Bryant-Curington, Inc. C14-72-267 3544-3624 Far West Boulevard From Interim "A" Rest dence First Height & Area and "LR" Local Retafl First Height and Area To "GR" General Retail First Height and Area RECOMMENDED by Planning Commission subject to a subdivision Councilman Nichols moved the Council grant the change from Interim "A". Residence First Height and Area and "LR" Local Retail First Height and Area to "GR" General Retail First Height and Area as recommended by the Planning Commission subject to a subdivision. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilman Nichols, Mayor Pro Tem Love, Councilmen Lebermann, Friedman, Handcox, Mayor Butler, Councilman Dryden Noes: None The Mayor announced that the change had been granted as recommended, and the City Attorney was instructed to draw the necessary ordinance to cover. ROBERT L. OGDEN By Frank Jordan C14-72-270 Northwest corner of North Bluff Drive & Nuckols Crossing Rd. From Interim "A" Resi- dence First Height and Area To "GR" General Retail First Height and Area RECOMMENDED by Planning Commission subject to a subdivision. 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 a subdivision. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Mayor Pro Tem Lvoe, Councilmen Lebermann, Friedman, Handcox, Mayor Butler, Councilmen Dryden, Nichols Noes: None The Mayor announced that the change had been granted as recommended, and the City Attorney was instructed to draw the necessary ordinance to cover. 5606 Jim Hogg Ave. ALTON E. DAVIS By Teddy L. Henderson C14-72-255 From "A" Residence To "B" Residence NOT Recommended RECOMMENDED "BB" Resi- dence subject to 10' right of way on Jim Hogg. Councilman Nichols moved the Council grant the change from "A" Residence to "BB" Residence as recommended by the Planning Commission subject to 10' right of way on Jim Hogg. The motion, seconded by Councilman Dryden, carried by the following vote: =CITY OF AUSTIN, TEXAS December 7, 1972 1180 Ayes: Councilman Handcox, Mayor Butler, Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilmen Lebermann, Friedman Noes: None The Mayor announced that the change had been granted as recommended, and the City Attorney was instructed to draw the necessary ordinance to cover. T. C. STEINER By Richard Baker C14-72-239 Pleasant Valley Rd. and Riverside Dr. From Interim "A" Resi- dence First Height and Area To "C" Commercial First Height and Area on Trs. 1, 2, 4, 5, 8, & 9; and "B" Residence Second Height and Area on Trs. 3, 6, 7, & 10. NOT Recommended RECOMMENDED by Planning Commission Tr. 1: "GR" General Retail Tr. 2: "GR" to form alignment with zoning east; Trs. 4, 5, & 9: "LR" Local Retail; no. 840' of Tr. 6: "BB" Residence to align with zoning to the west; Remainder of Tr. 6: "A" Residence; subject to a subdivision to identify these tracts and provide for planned extension of Oltorf St. through this property. Councilman. Nichols moved the Council grant the change from Interim "A" Residence First Height and Area to Tr. 1: "GR" General Retail, Tr.2: "GR"General Retail to form alignment with zoning to east; Trs. 3, 7, 8 & 10: "BB" Residence; Trs. 4, 5, & 9: "LR" Local Retail; no. 340' of Tr. 6. "BB" Residence to align with zoning to the west; Remainder of Tr. 6: "BB" to align with zoning to the west Remainder of Tr. 6" "A" Residence; subject to a subdivision to identify these tracts and provide for planned extension of Oltorf Street through this property. The motion, seconded by Councilman Dryden, carried by the following vote: Dryden None Ayes: Councilmen Nichols, Lebermann, Handcox, Mayor Butler, Councilman Noes: Not in Council Chamber when Roll was called: Councilman Friedman, Mayor Pro Tem Love The Mayor announced that the change had been granted as recommended and the City Attorney was instructed to draw the necessary ordinance to cover. ! RUTH TYSON C14-72-240 =CITY OF AUSTIN, TEXAS= 1310-1412 Stassney Ln. December 7, 1972 1181 From "A" Residence To "GR" General Retail NOT Recommended RECOMMENDED by Planning Commission "B" Residenc along the north boundary line and "GR" General Retail on the remain- der of the tract, sub- ject to 30' right of way on Stassney Ln. and a 6' privacy fence along the no. bound- ary line. Councilman Nichols moved the Council grant the change from "A" Residence to "B" Residence along the north boundary line and "GR" General Retail on the remainder of the tract, subject to 30' right of way on Stassney Lane and a 6' privacy fence on the north boundary line as recommended by the Planning Commission. The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Councilmen Lebermann, Friedman, Handcox, Mayor Butler, Noes: Councilmen Dryden, Nichols None Not in Council Chamber when Roll was called: Mayor Pro Tem Love The Mayor announced that the change had been granted as recommended, and the City Attorney was instructed to draw the necessary ordinance.to cover. PHIL MOCKFORD TRUSTEE for PRINGLE REAL ESTATE INC. C14-72-252 5200-5234 and 5201-5235 Thunder Creek Road 11521-11751 Angus Road 5200-5230 and 5201-5245 Wind River Road From Interim "A" Resim dence First Height and Area To "C" Commercial Firat Height and Area NOT recommended RECOMMENDED by Planning Commission Tr. 1: "A" Residence First Height and Area; Tr. 2 & 3: "LR" Local Retail First Height and Area except for easternmost 25' which would remain "A"; subject to a 6' privacy fence along the east boundary of Trs. 2 & 3. Councilman Nichols moved the Council grant the change from Interim "A" Residence First Height and Area to Tri 1: "A" Residence First Height and Area; Tr. 2 & 3: "LR" Local Retail First Height and Area except for easternmost 25' which would remain "A"; subject to a 6' privacy fence along the east boundary of Trs. 2 & 3. The motion, seconded by Mayor Pro Tem Love, carried by the following Vote: Ayes: Councilmen Lebermann, Friedman, Handcox, Mayor Butler, Councilmen Dryden, Nichols, Mayor Pro Tem Love CITY OF AUSTIN, TEXAS December 7, 1972 1182 Noes: None : The Mayor announced that the change had been granted as recommended, and the City Attorney was instructed to draw the necessary ordinance to cover. LOUIS HERRERA C14-72-254 2806-and 2810-2812 Oak Springs Drive From "A" Residence To "D" Industrial NOT Recommended RECOMMENDED "C" Commercial subject to subdivision for Trs. 2 & 3; the right of way needed to bring Oak Springs Dr. from 60 to 70' and a 6' privacy fence where adjoining "A" zoning. Councilman Nichols moved the Council grant the change from "A" Residence to "C" Commercial as recommended by the Planning Commission subject to a subdivision for Trs. 2 & 3; the right of way needed to bring Oak Springs Drive from 60 to 70' and a 6' privacy fence where adjoining "A" zoning. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Mayor Butler, Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilman Lebermann Noes: None The Mayor announced that the change had been granted as recommended, and the City Attorney was instructed to draw the necessary ordinance to cover. MRS. ETHYL C. WILLIAMS By John Lewis 1408 Stassney Ln. From "A" Residence To "GR" General Retail NOT Recommended RECOMMENDED "B" Resi- dence on no. 25' and and "GR" General Retail on remainder of tract, subject to 30' right of way on Stassney and 6' privacy fence along no. boundary line. Councilman Nichols moved the Council grant the change from "A" Residence to "B" Residence on north 25' and "GR" General Retail on the remainder of the tract, subject to 30' right of way on Stassney and 6' privacy fence along north boundary line. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Mayor Butler, Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilmen Lebermann, Friedman, Handcox Noes: None The Mayor announced that the change had been granted as recommended and the City Attorney was instructed to draw the necessary ordinance to cover. i =CITY OF AUSTIN, TEXAS December 7, 1972 1183 DR. & MRS. RODGER BOLTON By John Lewis C14-72-260 2301-2303 Anderson Ln. From "GR" General Retail and "A" Resi- dence To "C" Commercial NOT Recommended RECOMMENDED by Planning Commission "GR" General Retail subject to 5' right of way on Ander- son Lane. Councilman Nichols moved the Council grant the change from "GR" General Retail and "A" Residence to "GR" General Retail subject to 5' right of way on Anderson Lane as recommended by the Planning Commission. The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilmen Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the change had been granted as recommended, and the City Attorney was instructed to draw the necessary ordinance to cover. A. W. CAIN By A. E. Rhodes C14-72-229 305-307 Ε. 34th St. From "BB" Residence Second Height and Area To "B" Residence Second Height and Area RECOMMENDED by the Planning Commission. Mr. Dick Lillie, Director of Planning, pointed out this application was in the Hyde Park area, which is being zoned from "A" to apartments. This property is zoned for apartments up to 14-16 units. The staff recommended the zoning as "B" Residence Second Height and Area had been granted across the street; and with 60' of right of way, the Commission concurred in the Staff recommendation. He pointed out a valid petition of over 20% was on file. Opposition was registered by Mr. Martin Boozer, representing a group of residents and property owners. He pointed to a stack of letters setting out their protests. The group points to the added density, particularly on 34th Street, in that the density has reached its maximum. There was a fear of fraternities under this zoning, which would be an intrusion into the neighborhood. Also under this use a clinic, convalescent or nursing home, home for the aged, etc., could come in with commercial uses which would change the character of the neighborhood more than apartments Mr. Boozer statede they had attempted to approach the applicant to restrict the density or restrict uses, but they had been unable to contact them. He pointed out a possible inherent weakness in the zoning scheme in that the land owner of property immediately to the east of the tract under consideration, needs to balance his economic interest with the damages he felt would accrue to the area if it were left open to "B" 2nd as had been suggested. Mr. Boozer stated his client wanted the neighborhood developed "BB" lst, and if this zoning can survive the interim "BB", then let the area go the additional step. Mr. Bill Burnette represented the applicant, stating he purchased the property from Mr. A. W. Cain, who is Mr. Rhodes' son-in-law. Photographs were _ CITY OF AUSTIN, TEXAS December 7, 1972 1184 i displayed showing the development across the street, and development of apartments in the area. Due to the well-established apartment development, he saw no reason to limit either density or the type of development on the property. In 1967, a study was made of the area in which apartment development was recommended then recently the University area review was concluded and the staff concurred that apartment development is necessary. As to parking Mr. Burnette wants to provide parking underneath the building and to provide green areas. Mr. Joe Garrison, attorney representing Mr. Rhodes, emphasized the proposed green belt rather than asphalt. This plan would not fit with a fraternity house on this size property. After discussion with the Council members, Councilman Nichols moved the Council grant the change from "BB" Residence Second Height and Area to "B" Residence Second Height and Area, as recommended by the Planning Commission. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Mayor Butler, Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilman Lebermann Noes: None The Mayor announced that the change had been granted as recommended and the City Attorney was instructed to draw the necessary ordinance to cover. W. L. MAYFIELD By Thomas Watts C14-69-160 8200-8526 Balcones Trail 3501-2625 Cima Serena Dr. From "A" Residence To "BB" Residence requesting a revision of conditions of zoning RECOMMENDED by Planning Commission with a waiver of restrictions on 50 acres subject to an approved special per- mit. Mr. Richard Baker represented Mr. Wallace Mayfield and the Redman Development Company. A contract has been entered into with Mr. Mayfield for purchase of a tract out of the 50 acres tract which was zoned by the Planning Commission in 1969. The ordinance was passed in 1972 after all requirements had been met. One of the requirements by the Planning Commission was that the land to be zoned "BB" Residence First Height and Area have certain convenats inposed upon it. One of the covenants was to limit the density to 12 units per acre. Then, at that time, the Commission concept was that apartment zoning would be limited to between 600 or 700 foot depth off of Balcones Drive. Subsequently, the Commission changed its policy, and an ordinance was passed granting that tract "BB" Residence on a 12.7 acre tract,, and another passed zoning the adjacent tract "BB" Residence. Mr. Baker pointed out the 50 acre tract in question, and the tract on which the zoning application was heard in 1968 and with the 700 foot limitation imposed. Subsequently the Council passed an ordinance zoning that tract to "BB" First Height and Area extending the depth to approximately 1800 feet without any limitations. In connection with the hearing on this application, the reason for the limitation was, by going back this 1800 feet, they were obtaining the same density by limiting the tract to 12 units per acre. _ CITY OF AUSTIN, TEXAS December 7, 1972 1185 With the change of zoning on this particular property without any limitation they would propose and request that the Council delete the condition as to the 12 units per acre to this 50 acre tract which would be to the same depth under "BB" Height and Area. Other than that, they asked for no further change. In November, the Planning Commission unanimously approved the elimination of this condition subject to a special permit. One of the conditions in that connection was that there be only exit to Cima Serena Drive. Subsequent to this hearing and action by the Commission, Redman Development Company, through their architects, has prepared a special permit application and filed it with the Planning Commission yesterday. This plan would be a development of up to a density of approximately 22 units per acre The requested change of the elimination of this condition puts the land into the same posture as the other land lying south of the tract and fronting on Balcones Drive. Since the original hearing in 1969, the significant change in the area is in the concept of the interchange at Steck Boulevard and Balcones Drive. There are no single family residences except on three tracts fronting on Cima Serena. Councilman Nichols inquired if Mr. Baker and his clients would support a zoning change for those across Cima Serena. Mr. Baker stated his clients would support that change. The area is now developing and will continue to develop as apartments and the particular location of these tracts is not suitably located for single family residential. Mr. Pat Carlyle was not opposed but he wanted to point out the situation of his tract. He strongly objected to his property's being a buffer zone between two sets of neighbors who came to live there 20 years after he had moved in. He asked the Council to consider giving reliëf to his property so it could be developed. They have a 12 unit development already zoned; Councilman Friedman suggested that Mr. Carlyle submit a request as the others have been doing. The Commission now has a different viewpoint of the matter. Councilman Dryden noted that Mr. Carlyle seemed interested in obtaining the same type of zoning on his five acre tract. He needs relief from "A" Residence as he could do nothing with this tract. Mr. Woodrow Schumacher, 8608 Camilla Lane, lives across the fence from Mr. Carlyle, and stated this was the first time they had received a notice of any hearing on this particular property, either in 1969, 1971, or 1972. (He was more than 200 feet from the subject property.) He represented the first four blocks of Westover Hills, and they appeared not against Mr. Carlyle in his application, but for relief from the 20 some-odd apartments. He called attention to the new grade school's opening and the creation of additional traffic. His group was asking that there be some break in between the residential areas. His opinion of this matter was that the north end of Mr. Baker's area prehaps should not go for the 22 units as he presented. There should be a break in the eight or nine year old established residential area. The Director of Planning stated the request before the Commission was a request to waive the density, not a public hearing, and was placed on the agenda with three day's notice. The applicant was asked to request a public hearing before the Council, and that is why Mr. Schumacher received a notice for this meeting and not for the hearing before the Planning Commission. In answer to Mr. Schumacher's question about density on the north edge of Cima Serena, the plan now calls for 17 units per acre along that north edge; by shifting two buildings, the density would be 15 units. ! _ CITY OF AUSTIN, TEXAS December 7, 1972 1186 Mr. Harold Martinson showed his 3.9 acres adjoining Mr. Carlyle's property on Cima Serena, and stated he did not want to be caught in the pocket of being 10 units per acre as they are now. He had two business deals that fell through because there was apartment zoning across the street. He asked that their application be considered fairly when it comes up. Mayor Butler observed that this area gets zoned almost at one time, even though the Council is considering one tract at a time. Mr. Baker stated the architect was present, and he has worked on the plan which could be shifted so that there would be 15 units per acre, and that they would agree to this. Mr. Lillie stated the depth under the special permit would be approximately 130 feet from Cima Serena Drive. Councilman Nichols moved that the waiver of restriction be granted as requested with one exception, that this 15 unit restriction applies to that area which is generally 130 feet deep, south of Cima Serena and runs from the drive way to the west property line, Mayor Pro Tem Love, subject to all other restrictions, seconded the motion which carried by the following vote: Ayes: Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilmen Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the change had been granted as recommended, and the balance of the 50 acres then would be some 20 units per acre. The City Attorney was instructed to draw the necessary ordinance to cover. POINT VISTA LINK, INC. By Lawrence Clark C814-72-010 Rundberg Lane, Teasdale Terrace and Cloud Drive PLANNED UNIT DEVELOP- MENT RECOMMENDED by Planning Commission subject to departmental requirements and to allow the applicant to develop the remainder of the tract as Phase Two, to be considered separately. Mayor Butler inquired about the commitment of the Council should it approve this application to the remainder of Phase II. The Director of Planning Mr. Dick Lillie, concurred with the Mayor that this would be considered as a new application at a future date. He listed four alternatives available to the land owner: (1) A 50 acre tract could be developed at about the same density of subdivisions in the area 3½ units per acre or 175 single family homes; (2) In "A" zoning, a duplex subdivision could be developed with up to 200 duplex structures or 400 units eight units per acre. Thise would be accomplished by subdivision; -- (3) A townhouse subdivision could be considered at the same density as duplexes or 400 units, through a subdivision with a special permit and the site plan's CITY OF AUSTIN, TEXAS December 7, 1972 1187 being approved by the Planning Commission. The special permit, if appealed, would come before the Council; (4) A Planned Unit Development would be a fourth alternative, and the Planning Commission could approve a density of over seven units per acre through subdivision and special permti; however, in the Planned Unit Development all cases come before the Council. Without Council action the applicants could build 400 units on this 50 acres with a ration of 3½ people per dwelling unit, or approximately 1,200 people. Mayor Butler noted the applicant had met with surrounding property owners and had resolved many problems; however, there is 18.9% of the neighborhood in opposition, missing the 20% requirement by just a few owners. Mr. Lillie explain ed the application was changed to develop duplexes along the edge. The actual planned unit development fell within the tract, leaving less people within the 200 feet, and the petition dropped to a percentage under 20%. Dr. Robert Hopper, 1402 Brighton Circle, suggested changes in the proposed P. U. D. and pointed out the unique features of the tract. Their main concerns were the intense density of 9 and 10 units, while surrounding neighborhoods have 3.4 or 4 units per acre, and they suggested density more inconformity with the rest of the area. Mr. Art Mosely said there 108 signatures out of a possible 110 residents around the original proposed unit development. He spoke of errors and ommissions. He concluded that the density as proposed is in reality an apartment density which would result in an intrusion into an established single family neighborhood. Mrs. June Karp expressed concern about traffic hazards involved, particularly around the new Dobie Junior High School when it opens in January. She reviewed street situations, hazards of blind hills on Dobie before the crest of the second hill, the driveway into the school, and factors involved would increase the hazards. There are no sidewalks on Rundberg or anywhere in the immediate vicinity of the school. Councilman Handcox was aware of the plans for widening Rundberg Lane and the completion of such P. U. D. project would be sometime in the future; and he stated if these considerations were taken into consideration for the next year's C.I.P. and corrected if this would eliminate the concern of traffic safety. The City Manager erported the Council did include their widening and reconstruction of Rundberg Lane in the C. I. P.; and money is available for acquisition of right-of-way during the current year; however, the construction is some time in the future. Members of the Council just yesterday indicated they would look at this priority based on the information sent to them to see if they would like to move that project up the next time they considered the program. Discussion from the floor included not only widening Rundberg Lane but consideration about the two blind hills, the neighborhood's opposition dropping to 18.9% and the explanation of why id did not reach the 20%. Mr. Robert Plante, representing a neighborhood civic organization for the entire area north of Highway 183 east of I. H. 35, had checked with H. U. D. and the requirements for the P. U. D. development. 1 _ CITY OF AUSTIN, TEXAS December 9, 1972 1188 Dr. Hopper concluded their objections were in three areas in that there are a number of errors and ommissions on the plan, the density is too high, and that all traffic and safety problems relating to the children have to be taken care of. Mr. Phil Mockford spoke on the question about the periphery, explaining they started out planning the whole area as a P.U.D.; but now only the center is going to be a P.U.D. which will require Council approval, and they would still later build the duplexes under a duplex subdivision. Mr. Woodrow Sledge, representing the Austin Independent School District, stated this development was providing for an east-west access street west of the school. He had instructions from the School Board to ask the Council to expedite the improvement of Rundberg Lane. Councilman Dryden suggested that both parties get together, as they may not be too far apart. He would hate to see a development like this fail. Mayor Pro Tem Love stated his predicate for seconding the motion based on getting Rundbert Lane corrected. At this time the devleopment of the P.U.D is premature. Councilman Lebermann was concerned about this land not remaining undeveloped, and it was hoped the Rundberg problem could be dealt with shortly. Mayor Butler agreed that nothing should be constructed or occupied until Rundberg is corrected This is the Council's responsibility to see that streets and traffic are handled. Dr. Hopper stated Councilman Dryden's suggestion should be considered and perhaps some kidn of compromise might be reachable. Mr. Mockford asked for a date on Rundberg Lane so that they could meet the schedule. Mr. Phil Mockford stated since the periphery development had been withdrawn and emphasis placed on the center portion which did not appear to have objections and problems, he would ask only the center portion to be considered at this time. As the Planning Director has stated, they may decide if the objections could not be met, they would go ahead and develop the outside in an ordinary duplex subdivision. The density is the only objection rraised on this center portion. The density which is a minimum of 40 units less than what could be placed in there is the area is developed in duplexes. Mr. Mockford pointed out the Jagger development of duplexes and town-houses. Mr. Mockford stated the City could probably have Rundberg Lane underway before they had their project going and adding to traffic on Rundberg. Members of the Council agreed this was a good concept of development and that the two sides were not too far apart. Mayor Pro Tem Love stated the predicat te to his motion, to Councilman Nichols' motion, has to do with Rundberg Lane's being corrected. He was not opposed to the P.U.D. development, but he felt the development was premature. Councilman Lebermann's concern was that the land is not likely to remain undeveloped. Mr. Earl Lockhart, representing the Teasdale Estates, stated these people had given school land, easements, and rights of way in a cooperative manner, and they ask that the Council grant them the opportunity to use this property in its highest and best use as is outlined in what appears to be a very nice plan and solution. Councilman Nichols moved the Council uphold the recommendation of the Planning Commission and deny the change of zoning. The motion, seconded by Mayor Pro Tem Love, carried by the following vote: CITY OF AUSTIN, TEXAS December 7, 1972 1189 Ayes: Councilmen Lebermann, Friedman, Handcox, Mayor Butler, Councilmen Dryden, Nichols, Mayor Pro Tem Love Noes: None The Mayor announced that the zoning had been denied. FRANK A. W. JANAK, 701 Morrow St. 7510 Paxton St. From "A" Residence To "0" Office ET UX C14-72-264 NOT Recommended by Planning Commission Mayor Pro Tem Love moved the Council deny the change from "A" Residence to "0" Office as recommended by the Planning Commission. The motion, seconded by Councilman, Nichols, carried by the following vote: Ayes: Councilman Nichols, Mayor Pro Tem Love, Councilman Lebermann, Mayor Butler Noes: Councilmen Friedman, Handcox Not in Council Chamber when Roll was called: Councilman Dryden The Mayor announced that the zoning had been denied. ARCHIE E. & LINDA von MINDEN TIEMANN By Bartley Harris C14-72-245 4701-4703 Duval Street 500-502 East 47th Street From "A" Residence To "B" Residence NOT Recommended by Planning Commission Mayor Pro Tem Love moved the Council deny the change from "A" Residence to "B" Residence as recommended by the Planning Commission. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Lebermann, Friedman, Handcox, Mayor Butler, Councilman Nichols, Mayor Pro Tem Love Noes: Councilman Dryden HORACE L. The Mayor announced that the zoning had been denied. SILVERSTEIN By T. L. Julian C14-72-249 613-615 West 28th Street 2719 Rio Grande Avenue From "LR" Local Retail To "GR" General Retail NOT Recommended by Planning Commission Councilman Nichols moved the Council deny the change in zoning from "LR" Local Retail to "GR" General Retail as recommended by the Planning Commission. The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Mayor Butler, Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilmen Lebermann Noes: None The Mayor announced that the zoning had been denied. DAVID MCCONNELL By Teddy L. Henderson C14-72-256 _ CITY OF AUSTIN, TEXAS 701-703 East 53rd St. 5209-5211 Martin Ave. December 7, 1972 1190 From "O" Office and "LR" Local Retail Το "C-2" Commercial NOT Recommended by Planning Commission. Councilman Nichols moved the Council deny the change from "0" Office to "LR" Local Retail to "C-2" Commercial as recommended by the Planning Commission. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Mayor Butler, Councilman Nichols, Mayor Pro Tem Love, Councilmen Lebermann, Friedman Noes: None Not in Council Chamber when Roll was called: Councilmen Dryden, Handcox The Mayor announced that the change shad been denied. CARL M. BAILEY, ET UX C14-72-209 1108-1110 Stobaugh Street 4 From "A" Residence To "B" Residence NOT Recommended by Planning Commission Councilman Nichols moved the Council deny the change from "A" Residence to "B" Residence as recommended by the Planning Commission. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilmen Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the change had been denied. WELDON T. WRIGHT C14-72-213 2518-2522 Enfield Road From "B" Residence Το "0" Office NOT Recommended by Planning Commission Councilman Nichols moved the Council deny 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: Councilman Handcox, Mayor Butler, Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilman Lebermann Noes: None Not in Council Chamber when Roll was called: Councilman Friedman RICKER, BROWN & HASSELL By Nat H. Ricker C14-72-227 919-923 St. John's Ave. 7106-7108 Bennett St. From "A" Residence To "GR" General Retail NOT Recommended by Planning Commission POSTPONED until January 4, 1973. Councilman Nichols moved the change from "A" Residence to "GR" General Retail be postponed until January 4, 1973, as recommended. The motion, seconded by Councilman Dryden, carried by the following vote: C CITY OF AUSTIN, TEXAS December 7, 1972 1191 Ayes: Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilmen Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the zoning change had been postponed. 9006-9010 East Drive EARL C. and NORA D. IVES By Robert J. Ives C14-720250 From "A" Residence To "MH" Mobile Home NOT Recommended by Planning Commission POSTPONED 90 days. Mayor Pro Tem Love moved the Council postponed the zoning change for 90 days. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilman Handcox, Mayor Butler, Councilmen Dryden, Nichols, Noes: Mayor Pro Tem Love, Councilman Friedman None Not in Council Chamber when Roll was called: Councilman Lebermann The Mayor announced that the zoning had been postponed. EUGENE NAUMANN & HENRY WENDLANDT, JR. C14-72-244 1146-1148 Springdale Road From "B" Residence Second Height and Area To "LR" Local Retail First Height and Area NOT Recommended RETURNED to Planning Commission. Mayor Pro Tem Love moved the zoning change from "B" Residence Second Height and Area to "LR" Local Retail First Height and Area be returned to the Planning Commission. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Lebermann, Friedman, Handcox, Mayor Butler, Councilmen Dryden, Nichols Noes: None The Mayor announced that the change application had been returned to the Planning Commission. PATRICK W. DOWNING By D. W. Morris C14-72-212 3200-3204 Red River 814-818 East 32nd St. From "0" Office Second Height and Area Το "C-2" Commercial Second Height and Area NOT Recommended WITHDRAWN. Mayor Pro Tem Love moved the Council withdraw the zoning change as requested. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Lebermann, Handcox, Mayor Butler, Councilmen Dryden, Nichols Noes: None _ CITY OF AUSTIN. TEXAS December 7, 1972 1192 Not in Council Chamber when Roll was called; Councilman Friedman The Mayor announced that the zoning change had been withdrawn. R. H. SWENSON C14-72-057 2821-2825 Rio Grande St. From "B" Residence Second Height and Area To "0" Office Second Height and Area.DISMIS SED Councilman Nichols moved the Council dismiss the zoning change. The motion, seconded by Councilman Handcox, carried by the following vote: 90 days: Ayes: Mayor Butler, Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilmen Lebermann, Handcox Noes: None. Not in Council Chamber when Roll was called: Councilman Friedman The Mayor announced that the zoning change had been dismissed. Councilman Nichols moved the following zoning hearings be extended for CARPENTER AND ASSOCIATES C14-72-041 CLEAR CREEK PROPERTIES, INC. C14-72-069 T. F. ATTEBURY, GEORGE F. MILLER ERNIE L. MILLER C14-72-100 JAMES K. EICHELBERGER, JR. C14-72-032 ROBERT C. NOREN C14-72-042 H. I. GALLAWAY, W. H. WHITE & WAYLAND GALLAWAY C14-72-049 HENRY WENDLANDT, JR. C14-72-084 GIL STROMQUIST C14-72-085 1819-1919 Old U.S. Hwy. 290 From "C" Commercial, "GR" General Retail & "A" Residence To "C" Commercial 1809-2001 North Bluff Drive 2808-2902 South First Street Rear of 7107-7203 Burnet Road 4614-4616 Glissman Road 5211-5215 Duval Street 200-210 W. Ben White 5500 So. Congress Ave. 201-213 Red Bird Lane From "A" Residence To "C" Commercial From "A" Residence To "GR" General Retail to 150' and "BB" Residence on remainder (as amended) From "A" Residence Το "0" Office (as amended) From "A" Residence To "C" Commercial From "A" Residence To "LR" Local Retail From "A" Residence To "GR" General Retail From Interim "A" Residence First Height and Area To "C" Commercial & "C-2" Commercial First Height and Area し GRADY HAZELWOOD C14-72-086 MRS. F. O. REINKE C14-72-058 NELSON PUETT C14-72-079 SIDNEY E. LANIER MEREDITH McCANN PATSY MONAHAN C14-72-082 =CITY OF AUSTIN. TEXAS 501-602 St. John's Ave. 7307-7325 Duyal St. 5214-5220 Jim Hogg Ave. 8237 U. S. Highway 183 4501-4505 Avenue D 106-110 West 45th St. December 7, 1972 1192 From "C" Commercial First Height and Area To "C" Commercial Third Height and Area From "A" Residence First Height and Area To "B" Residence Second Height and Area From Interim "A" Residence First Height and Area Το "C-2" Commercial Second Height and Area From "A" Residence First Height and Area To "B" Residence Second Height and Area The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Mayor Butler, Councilmen Dryden, Nichols, Mayor Pro Tem Love, Noes: None Councilmen Lebermann, Handcox Not in Council Chamber when Roll was called: Councilman Friedman FIRE LANES - PUBLIC HEARING It being 2:00 P. M., Mayor Pro Tem Love opened the public hearing on a proposed ordinance authorizing the designation of fire lanes on shopping centers and various apartment complexes by the Fire Chief. Mr. Saegert, Chamber of Commerce, had been present in the Chambers to speak on this subject earlier, but he had had to leave. Mr. Rick Evans, speaking for Highland Mall, asked that the hearing be continued 60 to 90 days to have further consultation with the City Manager. The City Manager agreed to work with Mr. Evans and his associates and report back to the Council at a later date. OFF-STREET PARKING Dr. Charles B. Dildy brought up the problem that many doctors have with their off-street parking, with people other than their patients taking up the off-street parking. By the time a wrecker is called to tow them away, they are gone. Councilman Nichols requested that the City Manager look into this situatio and see what might be worked out with the doctor and report back. : EASEMENT RELEASE Mayor Pro Tem Love moved the Council adopt a resolution authorizing the release of the following easement: A portion of a general utilities easement out of Block H, HIGHLAND PARK WEST SECTION 3. i _ CITY OF AUSTIN, TEXAS December 7, 1972 1194 The motion, seconded by Councilman Nichols, carried by the following yote: Ayes: Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilmen Noes: Lebermann, handcox, Mayor Butler None Not in Council Chamber when Roll was called: Councilman Friedman ACCOUNTING FIRM SELECTED Councilman Nichols moved the Council adopt a resolution selecting Burns & Williams an accounting firm and authorizing the CityManager to contract for the transition audit of the Community Action Program. The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Councilman Nichols, Mayor Pro Tem Love, Councilmen Lebermann, Handcox, Mayor Butler, Councilman Dryden Noes: None Not in Council Chamber when Roll was called: Councilman Friedman CONTRACTS AWARDED Mayor Pro Tem Love moved the Council adopt a resolution awarding the following contract: E. A. BONNET CONSTRUCTION COMPANY (Austin, Texas) For the construction of "Pro Shop at Jimmy Clay Golf Course" - $78,233.00. (Capital Improvements Program Project No. 8627 2) The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Lebermann, Handcox, Mayor Butler, Noes: Councilmen Dryden, Nichols None Not in Council Chamber when Roll was called: Councilman Friedman Mayor Pro Tem Love moved that the Council adopt a resolution awarding the following contract: GRAYBAR ELECTRIC COMPANY (Austin, Texas) FEDERAL PACIFIC COMPANY (San Antonio, Texas) - 15 each 600 KVAR Capacitor Banks and 30 each 1200 KVAR Capacitor Banks - $57,555.00. Bid Invitation # 3-0126 -24 each 100 DVAR Capacitors - $3,000.00. Bid Invitation # 3-0126 The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Lebermann, Handcox, Mayor Butler, Noes: Councilmen Dryden, Nichols None Not In Council Chamber when Roll was called: Councilman Friedman _ CITY OF AUSTIN, TEXAS December 7, 1972 1195 i AUSTIN TRANSIT SYSTEM Councilman Nichols moved the Council adopt a resolution establishing a policy manual for the Austin Transit System to enable the transfer from private to municipal ownership under the policies of the Austin City Council.The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilmen Lebermann, Friedman, Handcox, Nichols, Mayor Pro Tem Noes: Love None Not in Council Chamber when Roll was called: Councilman Dryden, Mayor Butler ZONING ORDINANCES Mayor Butler 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) A 0.999 ACRE TRACT OF LAND, LOCALLY KNOWN AS 907 ST. ELMO ROAD, FROM INTERIM "A" RESIDENCE, INTERIM FIRST HEIGHT AND AREA DISTRICT TO "D" INDUSTRIAL, FIRST HEIGHT AND AREA DISTRICT; AND, (2) LOT 1, J. M. DODSON SUBDIVISION, LOCALLY KNOWN AS 917 EAST ST. ELMO ROAD, FROM INTERIM "A" RESIDENCE, INTERIM FIRST HEIGHT AND AREA DISTRICT TO "D" INDUSTRIAL, FIRST HEIGHT AND AREA DISTRICT; 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 waive the requirement for three readings, declare an emergency and finally pass the ordinance effective immediately. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilman Handcox, Mayor Butler, Councilmen Dryden, Nichols, : Noes: Mayor Pro Tem Love, Councilman Lebermann None Not in Council Chamber when Roll was called: Councilman Friedman The Mayor announced that the ordinance had been finally passed. Mayor Butler introduced the following ordinance: AN ORDINANCE ORDERING A CHANGE IN USE AND CHANGING THE USE MAPS ACCOMPANYING CHAPTER 45 OF THE AUSTIN CITY CODE OF 1967 AS FOLLOWS: A 4.0 ACRE TRACT OF LAND, LOCALLY KNOWN AS 2700-2704 WHELESS LANE, FROM "A" RESIDENCE DISTRICT TO "BB" RESIDENCE DISTRICT, SAID PROPERTY BEING LOCATED IN AUSTIN, TRAVIS COUNTY, TEXAS; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. _ CITY OF AUSTIN, TEXAS December 7, 1972 1196 Councilman Nichols moved the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance effective immediately. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilman Handcox, Mayor Butler, Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilman Lebermann Noes: None Not in Council Chamber when Roll was called: Councilman Friedman The Mayor announced that the ordinance had been finally passed. Mayor Butler 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) TRACT 1: A 2.96 ACRE TRACT OF LAND, LOCALLY KNOWN AS 1800-1856 WILLOW CREEK DRIVE, FROM INTERIM "A" RESIDENCE, INTERIM FIRST HEIGHT AND AREA DISTRICT TO "LR" LOCAL RETAIL, FIRST HEIGHT AND AREA DISTRICT; AND, TRACT 2: A 2.70 ACRE TRACT OF LAND, LOCALLY KNOWN AS 2225-2257 RIVERSIDE DRIVE, FROM INTERIM "A" RESIDENCE, INTERIM FIRST HEIGHT AND AREA DISTRICT TO "GR" GENERAL RETAIL, FIRST HEIGHT AND AREA DISTRICT; AND, (2) LOTS A AND B OF THE DAIVD ADDITION, LOCALLY KNOWN AS 5706-5906 BALCONES DRIVE, FROM "A" RESIDENCE DISTRICT TO "O" OFFICE DISTRICT; 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 waive the requirement for three readings, declare an emergency and finally pass the ordinance effectivee immediately. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Noes: Councilman Handcox, Mayor Butler, Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilman Lebermann None Not in Council Chamber when Roll was called: Councilman Friedman The Mayor announced that the ordinance had been finally passed. Mayor Butler introduced the following ordinance; AN ORDINANCE ORDERING A CHANGE IN USE AND CHANGING THE USE MAPS ACCOMPANYING CHAPTER 45 OF THE AUSTIN CITY CODE OF 1967 AS FOLLOWS: LOTS 1, 2, 3, 4, 5, AND 6, RESUBDIVISION OF PART OF LOT 6, BLOCK 5, AND LOT 10, BLOCK 4, FREEWATER ADDITION; SECOND RESUBDIVISION OF PART OF LOT 10, BLOCK 4, FREEWATER ADDITION; LOTS 10-A AND 10-B, D. C. NOGUES SUBDIVISION; LOTS 1, 2 AND 3, BIRCHWOOD ADDITION, SECTION 1: LOT 1 LESS EAST FIVE FEET, LOT 2, LOT 5 LESS EAST HVE FEET, EAST 12 FEET OF LOT 12, LOT 6 LESS EAST FIVE FEET, LOT 7 LESS EAST FIVE FEET, W. E. DAVIS SUBDIVISION, LOCALLY KNOWN AS 801-911 SOUTH CENTER STREET: 3702-3714 SOUTH SECOND STREET: $3701-3713 BIRCH STREET: 3700-3706 BIRCH STREET; 3701-3707 GARDEN VILLA LANE, FROM "A" RESIDENCE DISTRICT TO "MH" MOBILE HOME DISTRICT; SIAD PROPERTY BEING LOCATED IN AUSTIN, TRAVIS COUNTY, TEXAS; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. December 7, 1972 1197 CITY OF AUSTIN, TEXAS Councilman Nichols moved the Council waiye the requirement for three readings, declare an emergency and finally pass the ordinance effective immed fately. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilman Handcox, Mayor Butler, Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilman Lebermann Noes: None Not in Council Chamber when Roll was called: Councilman Friedman The Mayor announced that the ordinance had been finally passed. ZONING ORDINANCES AMENDED Mayor Butler introduced the following ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 680718-A, ENACTED BY THE CITY COUNCIL ON JULY 18, 1968, AND ORDINANCE NO. 650304-C, ENACTED BY THE CITY COUNCIL ON MARCH 4, 1965, BY CORRECTING THE LEGAL DESCRIPTIONS OF THE PROPERTY ZONED BY SAID ORDINANCES; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY.. Councilman Nichols moved the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance effective immedfately. The motion, seconded by Councilman Freidman, carried by the following vote: Ayes: Mayor Butler, Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilmen Lebermann, Eriedman, Handcox Noes: None The Mayor announced that the oridnance had been finally passed. HEARING SET Mayor Butler introduced the following ordinance: AN ORDINANCE APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF PUBLIC WORKS, SHOWING THE ESTIMATES OF THE TOTAL COSTS OF ALL THE IMPROVEMENTS, THE ESTIMATES OF THE COSTS PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, AND THE ESTIMATES OF VARIOUS OTHER COSTS FOR THE IMPROVING OF PORTIONS OF SUNDRY STREETS IN THE CITY OF AUSTIN, TEXAS, WITHIN LIMITS HEREINBELOW DESCRIBED, AND OF OTHER MATTERS RELATING THERETO; DETERMINING AND FIXING THE PORTION OF SAID COSTS AND THE RATE THEREOF PROPOSED TO BE ASSESSED AGAINST AND PAID BY THE ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF FOR THE PORTION OF SAID COSTS APPORTIONED TO THEM; ORDERING AND SETTING A HEARING AT 10:00 0'CLOCK A. M. ON THE 11TH DAY OF JANUARY, 1973, IN THE COUNCIL CHAMBER OF THE CITY HALL OF AUSTIN, TEXAS, AS THE TIME AND PLACE FOR THE HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY AND ALL OTHERS INTERESTED IN SAID ABUTTING PROPERTY OR IN ANY OF THE PROCEEDINGS AND CONTRACT CONCERNING SAID ASSESSMENTS, PROCEEDINGS, AND IMPROVEMENTS; DIRECTING THE CITY MANAGER OF THE CITY OF AUSTIN, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF i - CITY OF AUSTIN, TEXAS 1198 December 7, 1972 OF THE CITY OF AUSTIN; DECLARING AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON ITS PASSAGE. Councilman Nichols moved the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance effective immedfately. The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilmen Lebermann, Handcox, Mayor Butler Noes: None Not in Council Room when Roll was called: Councilman Friedman The Mayor announced that the ordinance had been finally passed. Mayor Butler introduced the following ordinance: AN ORDINANCE APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF PUBLIC WORKS, SHOWING THE ESTIMATES OF THE TOTAL COSTS OF ALL THE IMPROVEMENTS, THE ESTIMATES OF THE COSTS PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, AND THE ESTIMATES OF VARIOUS OTHER COSTS FOR THE IMPROVING OF PORTIONS OF SUNDRY STREETS IN THE CITY OF AUSTIN, TEXAS, WITHIN THE LIMITS HEREINBELOW DESCRIBED, AND OF OTHER MATTERS RELATING THERETO; DETERMINING AND FIXING THE PORTION OF SAID COSTS AND THE RATE THEREOF PROPOSED TO BE ASSESSED AGAINST AND PAID BY THE ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST ABUTTING PROPERTY, AND THE TREAL AND TRUE OWNERS THEREOF FOR THE PORTION OF SAID COSTS APPORTIONED TO THEM; ORDERING AND SETTING A HEARING AT 10:00 0'CLOCK A. M. ON THE 11TH DAY OF JANUARY, 1973, IN THE COUNCIL CHAMBER OF THE CITY HALL OF AUSTIN, TEXAS, AS THE TIME AND PLACE FOR THE HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY AND ALL OTHERS INTERESTED IN SAID ABUTTING PROPERTY OR IN ANY OF THE PROCEEDINGS AND CONTRACT CONCERNING SAID ASSESSMENTS, PROCEEDINGS AND IMPROVEMENTS; DIRECTING THE CITY MANAGER OF THE CITY OF AUSTIN, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF AUSTIN; DECLARING AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON ITS PASSAGE.. Councilman Nichols moved the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance effective immediately. The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Noes: Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilmen Lebermann, Handcox, Mayor Butler None Not in Council Chamber when Roll was called: Councilman Friedman The Mayor announced that the ordinance had been finally passed. Mayor Butler introduced the following ordinance: AN ORDINANCE APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF PUBLIC WORKS, SHOWING THE ESTIMATES OF THE TOTAL COSTS OF ALL IMPROVEMENTS, THE ESTIMATES OF THE COSTS PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, AND THE ESTIMATES OF _ CITY OF AUSTIN, TEXAS 1199 December 7, 1972 VARIOUS OTHER COSTS FOR THE IMPROVING OF PORTIONS OF SUNDRY STREETS IN THE CITY OF AUSTIN, TEXAS, WITHIN THE LIMITS HERINBELOW DESCRIBED, AND OF OTHER MATTERS RELATING THERETO; DETERMINING AND FIXING THE PORTION OF SAID COSTS AND THE RATE THERETO; DETERMINING AND FIXING THE PORTION OF SAID COSTS AND THE RATE THEREOF PROPOSED TO BE ASSESSED AGAINST AND PAID BY THE ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF FOR THE PORTION OF SIAD COSTS APPORTIONED TO THEM; ORDERING AND SETTING A HEARING AT 10:00 0'CLOCK A. M. ON THE 11TH DAY OF JANUARY, 1973, IN THE COUNCIL CHAMBER OF THE CITY HALL OF AUSTIN, TEXAS, AS THE TIME AND PLACE FOR THE HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY AND ALL OTHERS INTERESTED IN SAID ABUTTING PROPERTY OR IN ANY OF THE PROCEEDINGS AND CONTRACT CONCERNING SAID ASSESSMENTS, PROCEEDINGS AND IMPROVEMENTS; DIRECTING THE CITY MANAGER OF THE CITY OF AUSTIN, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF AUSTIN; DECLARING AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON ITS PASSAGE. Councilman Nichols moved the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance effective immediately. The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilmen Noes: Lebermann, Handcox, Mayor Butler None Not in Council Chamber when Roll was called: Councilman Friedman The Mayor announced that the ordinance had been finally passed. POSTPONEMENT Councilman Dryden moved the Council postpone for one week an ordinance amending the Wrecker Ordinance. The motion, seconded by Mayor Pro Tem Love, carried by the following vote: Ayes: Councilman Nichols, Mayor Pro Tem Love, Councilmen Lebermann, Friedman, Handcox, Mayor Butler, Councilman Dryden Noes: None REQUEST FOR REDUCED AUDITORIUM FEES Mrs. Anita Worsham, representing the Annette Duval School of Dancing, discussed reduction of rental fees for the use of the Auditorium. Each year they present the program"DANCING SHOES" to raise funds to buy more shoes for needy children. City Manager Davidson stated Mr. Tramp, Acting Audtiorium Director, had tried to work out a way by which the fee could be reduced by $80.00. The Duvals, under Mr. Tramp's recommendation, did not believe that people would give as much if the kettles were outside the building. As to no charge for the hour or so practice time on Saturdays, it was pointed out the space would be taken up; they would need staff present, the City would have additional costs, and loss of revenue through such use. City Manager Davidson reported the Council, several years ago, establish ed the fee, and the Auditorium Director and his staff had been following that policy, having found it to be fair, equitable and applicable to all parties. =CITY OF AUSTIN, TEXAS December 7, 1972 1200 City Manager Davidson stated the Council considers each year, requests from organizations which want money from the City in connection with the budget, and the Council considers those at budget time as to whether or not the City would participate. Such a request would preferably be considered under that plan rather than reduction of the fees. Mrs. Worsham stated their fee was $190.00, and they had taken in $195.81, which did not cover union men who take the show in and take it out. Councilman Nichols stated if the City wanted to contribute, it would be more advantageous to do so directly, thus freeing the use of the Auditorium. Councilman Lebermann saw no other possible way to grant the request at this time, even though members were sympathetic and supportive of the project. He stated the City Manager had given an alternative, that being considering the matter at budget time. STATEMENT - ELECTRIC GENERATION Ms. Margaret Louise Hill asked that the Council provide the citizens of Austin with a more conservative approach to the matter of generation of electrie city rather than create apprehension. Allegedly, she observed an unwillingness to pay fair market value for natural gas. She said scientifically, there is no such thing as an "energy crisis", what they have is a "technology crisis" and a "waste syndrome". She stated this technological problem was a blatant attempt to direct public opinion toward nuclear power. Her suggestion was to let the people know there are many sources of energy for electric generation. Mayor Butler stated that the shortage we are experiencing today is a matter of supply and not of economics. GAS CURTAILMENT The Director of Electric Utilities, Mr. R. L. Hancock, reported as of yesterday that Coastal States had advised the Electric Department that 50% curtailment in natural gas was necessary. Immediately the system was transitioned to that 50% curtailment, then at 1:00 A. M., they adivsed it would be neces sary to change that curtailment to 100% (December 6th). The system transitioned to full fuel oil burning at all three plants and was presently on a 100% gas curtailment. The Company anticipates returning to a 50% curtailment Friday and perhaps full natural gas burning by Saturday, depending on Coastal's system facilities, and on weather conditions. Mr. Hancock reported on the fuel oil consumption at each of the three plants. The Utility Department had been advised by Coastal States that this curtailment applies to all electric utility customers served by Coastal States and that the curtailment is required to insure an adequate supply of natural gas to the domestic consumer. Also other electric utilities in the State of Texas served by other suppliers were experiencing some natural gas curtailment. Mr. Hancock reported on the City's efforts to find fuel oil and get it transported. Fuel oil is being trucked in. He pointed out in addition, some electric utilities in the State had some fuel oil committed for their use, and in the event of absolute necessity, they probably could release a portion of their commitment for Austin's use. - CITY OF AUSTIN, TEXAS December 7, 1972 120 Mr. Hancock pointed out the seriousness of the situation, and stated under the circumstances of subsequent curtailments, cold weather, etc., that the available fuel oil is quited limited as well as the facilities to move the fuel oil. With the supply of fuel oil depleting as rapidly as it is, the Purchasing Department is searching the State for available fuel oil and available transportation. They have obtained some oil and delivered. Councilman Lebermann again brought up the possibility of installing temporary storage facilities, contemplating the permanent ones now on the drawing board. The difficulty of finding the large storage facility was discussed, but such facilities are being pursued. Councilman Friedman brought out for study the status of the reserves. Councilman Nichols expressed concern about the source to Coastal States, mechanical problems, deliverability, and possibly next, the reserves. Councilman Lebermann stated it appeared that down the road the City was going to have to go to the Courthouse in order to try to capture adequate reserves for Coastal States in order that the contract be fulfilled and the City's needs met. City Manager Davidson stated there would be an item for authorizing the emergency purchase of this additional fuel oil. He would constantly keep the Mayor and the Council appraised of this situation as it develops. Councilman Dryden suggested that a representative of Coastal States come before the Council. Councilman Friedman had expressed concern about the mechanical breakdowns, and he was interested in sending someone down to investigate. Mayor Butler noted the tremendous amount of fuel necessary, stating 430,000 gallons a day were being transported and that five days of hauling would last one hour. Councilman Nichols moved the Council adopt an emergency resolution for the purchase of fuel oil to compensate for the gas curtailment by Coastal States Gas Company. The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Mayor Butler, Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilman Lebermann Noes: None REQUEST FOR TEMPORARY UTILITIES Mr. Malcolm Robinson, attorney representing Mr. Vernon Wattinger, stated Mr. Wattinger purchased in 1972 this 5.29 acres to erect his present Mechanical Contracting Business now located on East 1st Street. He was told all they would need would be a change in the Master Plan, and the application for such change passed through the Planning Commission and Council. The request was granted and the Master Plan changed. Mr. Wattinger erected his building, and less than 30 days ago, he applied for utilities and was told approval from the Planning Department was necessary. It was found they had to file a short form subdivision and no utilities could be provided unless the short form subdivision is provided, and in addition there was an area in the rear (9.8) acre tract) which was retained by the original owner when she sold Mr. Wattinger the property in _ CITY OF AUSTIN, TEXAS December 7, 1972 120 1970. It would be necessary to get her to join in the short form subdivision or Mr. Wattinger would have to give her 50' right of way through the property. It was stated by the Planning Department if the existing road were dedineed cated, it would be accepted and only the tract of Mr. Wattinger's would to be short-formed. It was discovered this was not a dedicated County road. Mr. Robinson stated he understood at another time the Law Department had recommended to the Planning Department that temporary facilities could be given to one caught in the same predicament with the understanding the short form subdivision met all other requirements. This was not carried out. City Attorney Don Butler referred to the Statutes as to furnishing utilities to an unapproved subdivision. Councilman Dryden suggested that Mr. Robinson meet with the City Attorney and get this all worked out. After extended discussion, City Manager Davidson asked that this be delayed a week so that he would meet with the surveyor, the engineer, and the Director of Planning. Mr. Lillie, Planning Director, explained when the short form comes back to the Department and has met all the ordinance requirements, the utilities could be released at that point. The following Monday it would be filed with the County Commission for recording. The Council asked that this be placed on the Agenda the following week. EVENING MEETING SET Councilman Nichols suggested that the Meeting in the Montopolis area be set for January 25, and that the City Manager be instructed to check it out. SAWDUST ON RESTAURANT FLOORS Mr. Travis Raven appeared before the Council to discuss the possibility of revising the City Health Code section pertaining to sawdust on restaurant floors. His establishment is a country style barbeque place at 2801 Guadalupe. In the Texas Food and Drug and Cosmetic Act, there is a reference to contaminants. He explained his sawdust was not a contaminant as it was not used in food preparation areas but only in the eating areas itself. Councilman Nichols pointed out that the Federal Law specifically says no sawdust or shavings, and that Mr. Raven was under 10-day notice to correct the situation. Mr. Raven noted that the sawdust was kept on the floor for atmosphere. Mayor Pro Tem Love suggested that Mr. Raven get with the City Manager and the Department head to see what oculd be worked out, and he made a motion to that effect, seconded by Councilman Dryden. This would be on a temporary basis until the Council would consider a Code change. Dr. Sessums, the Austin-Travis County Health Officer said he felt sawdust tracked around, that people would walk on, would be a big step backwards. It would be different if it were just around the edges of the room for atmosphere. There was presently sawdust in 40% to 60% of the meat markets, but this was considered an unsanitary practice under State law and would be removed as soon as possible. Dr. Sessums felt that although Mr. Raven might follow regulations in using sawdust, other people might now. Councilman Lebermann asked whether this was not a fire hazard. ! i _ CITY OF AUSTIN, TEXAS December 7, 1972 1203 Mayor Pro Tem Love explained his motion, that it would be without prejudice as to the practice of having sawdust on the floor, and the City Manager should bring in his honest recommendation. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Mayor Butler, Councilman Dryden, Mayor Pro Tem Love Noes: Councilmen Lebermann, Nichols ADJOURNMENT The Council, having no further business, adjourned. ATTEST: City Clerk APPROVED: Be Mayor