-CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting April 17, 1975 1:00 Ρ.Μ. Council Chambers 301 West Second Street The meeting was called to order with Mayor Butler présiding. Roll Call: Present: Councilmen Binder, Snell, Lebermann, Councilperson Dr. Linn, Mayor Butler, Mayor Pro Tem Dryden Absent: Councilman Friedman The Invocation was delivereddbyyREVEREND HARWELL NORRIS, St. Andrew's Presbyterian Church. 20 CERTIFICATES OF APPOINTMENT Mayor Butler took this opportunity to introduce and recognize the newly appointed members of the CitizenasCharterrRevision Commistéeç and Councilman Snell presented them with Certificates of Appointment: Mayor Butler's appointees Mr. Dick Nichols Mr. Bill Youngblood Mr. Joe K. Wells Mayor Pro Tem Dryden's Dr. James Lassiter Mr. Royal Masset Mr. Bud Shivers Councilman Lebermann's Mr. Sam J. Perry Mr. Barr McClellan Mrs. Carolyn Goldston Councilman Friedman's Mr. Howard Pyle Ms. Joan Bartz Mr. Kenneth Wendler CITY OF AUSTIN, TEXAS April 17, 1975 373 Councilman Binder's Mr. Ed T. Wendler Mr. Allan Hirst Ms. Ruth Epstein Councilperson Dr. Linn's Ms. Mary Beth Rogers Mr. Jeff Jones Ms. Diana Camacho Councilman Snell's Dr. Charles Urdy Mr. Charles Miles Ms. Jeanne Disney Mayor Butler thanked the members for accepting this responsibility. He noted that they did not have any challenge in particular except to look at the Charter in its entirety and then bring back recommendations to the Council. Each Councilperson took this opportunity to announce his or her appointees to the Committee and to offer assistance in any way. Councilman Snell moved that the Council select MR. CHARLES MILES as temporary chairman of the Committee and MS. MARY BETH ROGERS as temporary vice-chairperson of the Committee. The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Butler, Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilmen Snell, Lebermann Noes: None Absent: Councilman Friedman Mr. Miles noted that they wanted to get started immediately and suggested that they might meet on Monday night. Mr. Homer Reed, Deputy City Manager, noted that the Manager's office would be happy to assist in notifying the members or in any other matter; and the Legal Department offered its assistance in legal matters. Mayor Butler noted that they could meet in any City facility as long as it was cleared ahead of time. VOLUNTEER RECOGNITION WEEK Mayor Butler read and then presented a proclamation to Ms. Wendy Biro and Mrs. Carolyn Curtis, proclaiming the week of April 20-26, 1975, as "Volunteer Recognition Week" and called on all residents to recognize the dedicated volunteers who give freely of their time and energies. Ms. Biro stated that if anyone was interested in doing volunteer work, he should contact Voluntary Action for assistance. RAPE PREVENTION WEEK Councilperson Dr. Linn read and thenppresented a proclamation to Ms Karen Duggan, Austin Rape Crisis Center, and Lt. Colon Jordan, Austin Police Department, proclaiming the week of April 21-27, 1975, as "Rape Prevention Week" and encouraged all residents to join the Council in honoring representatives of the Center, Police Department, the Texas Department of Public Safety, CITY OF AUSTIN, TEXAS April 17, 1975 344 and the University of Texas Police and their tireless efforts to eradicate this violent threat. Ms. Duggan thanked the Council for the proclamation and their concern. SECRETARIES WEEK Mayor Butler read and then presented a proclamation to Mrs. Beth Hartzell and Ms. Edith Stolle, proclaiming the week of April 20-26, 1975, as "Secretaries Week" and called on all residents to join in giving due recognition to this group, paying special attention to Secretaries Day on April 23, REQUEST FOR BANNER Ms. Betty Medlock, President of the Austin Association of Teachers, appeared before the Council requesting permission to hang a banner at 6th and Congress from April 21-24, 1975, that would advertise an education rally to be held at Memorial Stadium on April 26 at 2:00p.m. Mr. Reed noted that the City in the past had followed the principle of denying the use of street banners for political purposes; and he submitted that this banner was on the very fine line of being that, and this was the reason an alternate slogan had been submitted by the Association. Ms. Medlock noted that the alternate proposal would cost $500. In response to Councilman Lebermann's comment that four years ago the Council had changed the parade permit process to allow people to express themselves, Mr. Reed pointed out that this was a policy matter. Councilman Lebermann moved that the Council approve the request to hang a banner at 6th and Congress from April 21-24, 1975, and reaffirmethat this was not a political advertisement. The motion, seconded by Councilperson Dr. Linn, carried by the following vote: Ayes: Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilmen Snell, Lebermann, Mayor Butler Noes: None Absent: Councilman Friedman ANNOUNCEMENT Mr. Merrell Frazier, Jr., took this opportunity to bring greetings to the Council and citizens of Austin from the President, Vice President, Mayor and Vice Mayor of Guatemala. He stated that they extended an invitation to the Council and citizens to visit their city and country, and he presented the Mayor with a package of brochures from Guatamala. EXECUTIVE SESSION ACTION Mayor Butler noted that the Council had been in Executive Session earlier that day and had discussed a pending litigation with the City Attorney, and it was now before the Council for action. 345 CITY OF AUSTIN, TEXAS April 17, 1975 Councilman Binder moved that the Council instruct the staff to prepare an amended application to the Federal Department of Transportation providing for the acquisition of 15 general transit buses specially equipped to provide access for the mobility impaired and to make application for five special service vans also specially equipped to serve the mobility impaired. The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Councilman Binder, Mayor Pro Tem Dryden, Councilmen Snell, Lebermann, Mayor Butler, Councilperson Dr. Linn Noes: None Absent: Councilman Friedman Councilman Binder felt that this was a very fine thing for the City and noted that a contract had been let for the first two corners of Congress to have ramps installed for the mobility impaired. Councilman Lebermann noted that the 20-year transportation study would address itself to further projects for this purpose. APPROVAL OF MINUTES Mayor Pro Tem Dryden moved that the Council approve the Minutes for April 10, 1975. The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Pro Tem Dryden, Councilmen Snell, Lebermann, Mayor Butler, Councilperson Dr. Linn, Councilman Binder Noes: None Absent: Councilman Friedman APPEAL OF SPECIAL PERMIT TO CONSTRUCT APARTMENT COMPLEX Mayor Butler opened the public hearing scheduled for 1:00p.m. on an appeal of the decision of the Planning Commission's granting a special permit to construct a 61-unit apartment complex at 5001-5019 Balcones Drive. It was noted that the neighborhood group had asked for a delay pending a full Council. Mr. Ralph Helyer, President of the Highland Park West Homeowners Association, addressed himself to the postponement and noted that he would be out of town for the next two weeks. Dr. Baxter Womack, representing the Highland Park P.T.A., requested that this be postponed. Mr. Robert Foster Cherry noted that he would not be present next week or the week after and asked that it be considered today. Mayor Butler informed him that he could submit a letter for distribution among the Council. Councilman Lebermann moved thatthhe Council postpone this appeal until April 24, 1975, at 1:00 p.m. The motion, seconded by Councilman Binder, carried by the following vote: April 17, 1975 246 _ CITY OF AUSTIN, TEXAS Ayes: Councilmen Snell, Lebermann, Mayor Butler, Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden Noes: None Absent: Councilman Friedman APPEAL OF SPECIAL PERMIT FOR A LOUNGE Mayor Butler opened the public hearing scheduled for 1:30 p.m. on an appeal by Charles B. Carpenter of the decision of the Planning Commission not to grant a special permit for a lounge. Mr. Dick Lillie, Planning Department Director, reviewed this by stating that the Planning Commission denied both the zoning and the special permit, but the Council overturned the Commission on the zoning. He noted that this was an appeal of the Commission's decision and their denial of the permit. Mayor Pro Tem Dryden moved that the Council close the public hearing and approve the granting of the special permit. The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Councilmen Snell, Lebermann, Mayor Butler, Councilperson Dr. Linn, Councilman Binder, Mayor Pro Them Dryden Noes: None Absent: Councilman Friedman RELEASE OF EASEMENTS Councilman Lebermann moved that the Council adopt a resolution authorizing release of the following easements: Portions of two Public Utilities Easements, each being six (6,00) feet in width out of the property at 3007 Glenview Avenue, said property being Lot 4 and portions of Lots 3 and 5, Block 6, BRYKER-WOODS ADDITIONA"B." (Requested by Alvan N. Curtis, owner.) The motion, seconded by Councilman Snell, carried by the following vote: Ayes: Councilman Lebermann, Mayor Butler, Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilman Snell Noes: None Absent: Councilman Friedman Councilman Lebermann moved that the Council adopt a resolution authorizing release of the following easements: A portion of the Public Utilities Easement that covers the east five (5.00) feet of Lot 5, Block "C," FORD PLACE, NUMBER ONE. (Requested by Pay Less Shoe Stores, owner of Lot 5.) The motion, seconded by Councilman Snell, carried by the following vote: CITY OF AUSTIN, TEXAS April 17, 1975 347 Ayes: Councilman Lebermann, Mayor Butler, Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilman Snell Noes: None Absent: Councilman Friedman Councilman Lebermann moved that the Council adopt a resolution authorizing release of the following easement: All of the Public Utilities Easement that covers all the south five (5.00) feet of Lot 33, SUNSET HILL ENFIELD, a subdivision, the south one-half of said Lot 33 being also known locally as 2313 Hartford Road, (Requested by Mr. and Mrs. Stephen H. Thomas, owners of south one-half of Lot 33.) The motion, seconded by Councilman Snell, carried by the following vote: Ayes: Councilman Lebermann, Mayor Butler, Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilman Snell None Noes: Absent: Councilman Friedman AGREEMENT FOR CONSTRUCTION OF PARKING FACILITY Councilman Lebermann moved that the Council adopt a resolution authorizing an agreement between the City of Austin and the Texas Highway Department for the construction of a parking facility in the MoPac Boulevard right of way north of West First Street in the vicinity of the new Austin High School. (Requested by the Austin Independent School District.) The motion, seconded by Councilman Snell, carried by the following vote: Ayes: Mayor Butler, Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilmen Snell, Lebermann Noes: None Absent: Councilman Friedman AGREEMENTS FOR THE INSTALLATION OF NEW FACILITIES Councilman Snell moved that the Council adopt a resolution authorizing the City Manager to enter into Utility Joint Use Agreements and Standard Utility Agreements with the Texas Highway Department for the installation of certain new facilities at the following: Intersection of East Martin Luther King, Jr., Boulevard and Interstate 35 involving setting three poles and two anchors. The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilmen Snell, Lebermann, Mayor Butler Noes: None Absent: Councilman Friedman _ CITY OF AUSTIN, TEXAS April 17, 1975 Councilman Snell moved that the Council adopt a resolution authorizing the City Manager to enter into Utility Joint Use Agreements and Standard Utility Agreements with the Texas Highway Department for the installation of certain new facilities at the following: Intersection of East 53rd Street and Interstate 35 involving two poles and a sidewalk anchor. The motion, seconded by Councilman Binder, carried by the following vote: Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilmen Snell, Lebermann, Mayor Butler Ayes: Noes: None Absent: Councilman Friedman 348 CONTRACTS AWARDED Mayor Pro Tem Dryden moved that the Council adopt a resolution awarding the following contracts: Bid Award: GENERAL OFFICE EQUIPMENT COMPANY 4108 North Lamar Boulevard Austin, Texas OFFICE Office Furniture Various City Departments Items 2-6, 8-12, 17, 19-22, 29-30, 33-34, 37-38, 40-41, 43, 44-46, 51, 53-57, 64-66, 68-71, 73-77, 79, 82-84, 86, 88, 91-98, 100-101, 103-105, 107-111, and 113-116 $16,095.59 Items 1, 7, 18, 24-28, 32, 35, 42, 48, 49, 52, 58-61, 67, 78, 81, 87, 89-90, and 106 $5,900.98 ABEL STATIONERS OUTFITTERS 416 Congress Austin, Texas MAVERICK-CLARKE COMPANY 110 East 9th Street Austin, Texas ROCKFORD FURNITURE ASSOCIATION 1017 West 34th Street Austin, Texas BAIR & SON, INC. 1219 West 6th Street Austin, Texas Items 85 and 112 $1,446.91 Items 23, 36, 43A, 47, 50 and 63 $854.70 Items 31, 39, 99 $753.90 The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Councilman Binder, Mayor Pro Tem Dryden, Councilmen Snell, Lebermann, Mayor Butler, Councilperson Dr. Linn Noes: None Absent: Councilman Friedman CITY OF AUSTIN, TEXASApril 17, 1975 349 Mayor Pro Tem Dryden moved that the Council adopt a resolution awarding the following contract: BRUCE LUCKIE CONSTRUCTION COMPANY 6735 Highway 290 East Austin, Texas - Parking Lot and Intersection Improvements for West 1st Street and Lamar Boulevard, C.I.P. No. 6227 1 $46,144.56 The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Councilman Binder, Mayor Pro Tem Dryden, Councilmen Snell, Lebermann, Mayor Butler, Councilperson Dr. Linn Noes: None Absent: Councilman Friedman CHANGE ORDER Councilman Lebermann moved that the Council adopt a resolution approving a Change Order to Chicago Bridge and Iron Company in the amount of $24,775.00 for modifications to Jollyville Reservoir, C.I.P. No. 4066 0. The motion, seconded by Mayor Pro Tem Dryden, carried by the following vote: Ayes: Mayor Pro Tem Dryden, Councilmen Snell, Lebermann, Mayor Butler, Councilperson Dr. Linn, Councilman Binder Noes: None Absent: Councilman Friedman ACCEPTANCE OF GRANT FOR CONTRACT CATALOGUING Mayor Pro Tem Dryden moved that the Council adopt a resolution authorizing the acceptance of a $16,525 grant in Federal Library Services and Construction Act, Title III, with funds to be used for contract cataloguing and related bibliographic services from the Interuniversity Council of the North Texas Area. Contract expenditures will not exceed $16,525, and the contract term will be for one year. The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Councilmen Snell, Lebermann, Mayor Butler, Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden Noes: None Absent: Councilman Friedman APPROVAL OF CONTRACT FOR CONTRACT CATALOGUING Mayor Pro Tem Dryden moved that the Council adopt a resolution approving a contract with the Interuniversity Council of the North Texas Area for contract cataloguing and related bibliographic services. Contract amount will not exceed $16,525, and the term will be for one year. The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Councilmen Snell, Lebermann, Mayor Butler, Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden Noes: None Absent: Councilman Friedman - CITY OF AUSTIN, TEXAS- April 17, 1975 350 DEMOLITION OF STRUCTURES Councilman Snell moved that the Council adopt a resolution authorizing demolition of structures as follows: Accept negative bids to be demolished only 2000 Bergman Avenue John L. Petmecky $18.00 The motion, seconded by Mayor Pro Tem Dryden, carried by the following vote: Ayes: Councilman Lebermann, Mayor Butler, Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilman Snell Noes: None Absent: Councilman Friedman Councilman Snell moved that the Council adopt a resolution authorizing demolition of structures as follows: Accept negative bids 2002 Bergman Avenue - to be demolished only John L. Petmecky $145.00 The motion, seconded by Mayor Pro Tem Dryden, carried by the following vote: Ayes: Councilman Lebermann, Mayor Butler, Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilman Snell Noes: None Absent: Councilman Friedman ADJUSTMENTS IN LEASE AGREEMENTS Councilman Lebermann moved thattthe Council adopt a resolution authorizing certain adjustments in the City's lease agreements covering space leased in the Travis Building. The motion, seconded by Mayor Pro Tem Dryden, carried by the following vote: Ayes: Mayor Butler, Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilmen Snell, Lebermann Noes: None Absent: Councilman Friedman ACQUISITION OF LAND FOR ST. JOHNS DRAINAGE PROJECT Councilman Lebermann moved that the Council adopt a resolution authorizing the acquisition of certain land for street right of way and drainage easement and conveyance of remnant tracts in connection with the St. Johns Drainage Project: 230 square feet of land (title) and 1,423 square feet of land (easement) out of Lot 7, Block 23, St. Johns College Addition. (Bobby Campbell et ux) CITY OF AUSTIN, TEXAS April 17, 1975 The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilmen Snell, Lebermann, Mayor Butler Noes: None Absent: Councilman Friedman Councilman Lebermann moved that the Council adopt a resolution authorizing the acquisition of certain land for street right of way and drainage easement and conveyance of remnant tracts in connection with the St. Johns Drainage Project: 1,638 square feet of land out of Lot 15, Block 23, St. Johns College Addition. (Helen D. Carlisle Coles) The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilmen Snell, Lebermann, Mayor Butler Noes: None Absent: Councilman Friedman TEMPORARY CLOSING OF STREET The Council had before it the temporary closing of East 6th Street from the east property line of 1713 East 6th Street to Chalmers Street from 7:30 to 10:30 p.m. on April 21, 1975, as requested by the Legal Aid and Defender Society of Travis County. In response to Mayor Pro Tem Dryden's question as to whether or not the people in the area were aware of this, Mr. Joe Ternus, Urban Transportation Director, stated that it was the responsibility of the applicant under the terms of the permit to contact the property owners. Mr. Paul Rich, Director of Legal Aid, stated that he had spoken to all residents in the area; and they had indicated their willingness to participate. He stated that he also verified this with all the businesses that would be effected. In response to Mayor Butler's question, Mr. Rich indicated that this would not be profit making. Councilman Binder moved that the Council adopt a resolution temporarily closing East 6th Street from the east property line of 1713 East 6th Street to Chalmers Street from 7:30 to 10:30 p.m. on April 21, 1975, as requested by the Legal Aid and Defender Society of Travis County. The motion, seconded by Councilman Snell, carried by the following vote: Ayes: Councilman Binder, Mayor Bro Tem Dryden, Councilmen Snell, Lebermann, Mayor Butler, Councilperson Dr. Linn Noes: None Absent: Councilman Friedman _ CITY OF AUSTIN, TEXAS April 17, 1975 352 : WITHDRAWAL OF SETTING HEARING The Council had before it the setting of a public hearing at 1:00 p.m. on May 8, 1975, to amend the Zoning Ordinance to expand the area exempted for off-street parking in the City; however, this item was withdrawn. SPECIAL MEETING Councilman Binder moved that the Council call a Special Meeting of the City Council for May 5, 1975, at 10:00 a.m. to canvass the results of the May 3, 1975, Run-Off Municipal Election. The motion, seconded by Councilperson Dr. Linn, carried by the following vote: Ayes: Mayor Pro Tem Dryden, Councilmen Snell, Lebermann, Mayor Butler, Councilperson Dr. Linn, Councilman Binder Noes: None Absent: Councilman Friedman APPOINTMENTS Councilman Lebermann moved that the Council appoint the following to the Ad Hoc Revolving Fund Committee: Mr. Charles Betts Mr. Roger Hanks Mr. Tom McCrummen Mr. Byron Lockhart Mr. Eric Stocker Mr. Al Mider Mrs. Sue B. McBee Mr. Fred Sackett Mr. Paul Harris The motion, seconded by Councilperson Dr. Linn, carried by the following vote: Ayes: Councilmen Snell, Lebermann, Mayor Butler, Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden Noes: None Absent: Councilman Friedman HEARINGS CONCERNING TELEPHONE COMPANY The Council had before it the setting of a public hearing at 3:30 p.m. on April 24, 1975, on the renewal of Southwestern Bell Telephone Company's franchise and the setting of a public hearing at 3:30 p.m. on April 24, 1975, on the rate increase request from the Telephone Company. Mr. Don Butler, City Attorney, noted that the Company had filed 1974 data with the Council, and the Council could give it whatever consideration; but he and the consultant, Mr. Hess, were not in a position to discuss the validity of those figures or refute them because he had not received the back-up material to support them. Therefore, he noted that they would confine their evidence to the 1973 test year. Mr. Donald Thomas, attorney for Southwestern Bell, felt that there were differences of opinion concerning the 1974 figures; and he submitted that the new figures spoke to the further investments of the Company. He requested that the Company be given fair judgement. CITY OF AUSTIN, TEXAS April 17, 1975 There was a suggestion by Councilman Binder that the hearing be restricted to 1973 data only. Mr. Gray Bryant, Division Manager for Southwestern Bell, asked that 1974 not be considered as non-existent. After discussion, Councilman Binder moved that the Council set a public hearing at 3:30 p.m. on April 24, 1975, on the renewal of the Telephone Company's franchise and set a public hearing at 3:30 p.m. on April 24, 1975, on the rate increase request from the Telephone Company with the restriction that the test year to be considered will be 1973. The motion, seconded by Councilperson Dr. Linn, carried by the following vote: Ayes: Councilmen Snell, Lebermann, Mayor Butler, Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden Noes: None Absent: Councilman Friedman Mr. Bryant stressed that relevancy did exist in 1974. ITEM CONCERNING WEST AUSTIN Ms. Louise Jarrell, representing a group of West Enfield citizens, had requested to appear before the Council in regard to planned protection of the preservation of the West Austin Inner City; however, this item was postponed until April 24, 1975, at the request of Ms. Jarrell. 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: LOTS 1 AND 2 OF THE L & H ADDITION, LOCALLY KNOWN AS 704 WONSLEY DRIVE AND 8106 NORTH INTERSTATE HIGHWAY 35, FROM "A" RESIDENCE, FIRST HEIGHT AND AREA DISTRICT AND "C" COMMERCIAL, SIXTH HEIGHT AND AREA DISTRICT TO "C" COMMERCIAL, SIXTH HEIGHT AND AREA 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. (Nelson Investment Co., C14-74-162) Mayor Pro Tem Dryden moved that 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: Councilman Lebermann, Mayor Butler, Councilperson Dr. L Councilman Binder, Mayor Pro Tem Dryden, Councilman Snell Noes: None Absent: Abstain: Councilman Friedman Councilperson Dr. Linn The Mayor announced that the ordinance had been finally passed. CITY OF AUSTIN, TEXAS April 17, 1975 354 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: A 1.402 ACRE TRACT OF LAND, LOCATED AT THE INTERSECTION OF PLEASANT VALLEY ROAD AND TERI ROAD, FROM INTERIM "A" RESIDENCE, INTERIM FIRST HEIGHT AND AREA DISTRICT TO "LR" LOCAL RETAIL, FIRST HEIGHT AND AREA DISTRICT ON THE SOUTHERN TWO HUNDRED FEET OF SAID TRACT AND "A" RESIDENCE, FIRST HEIGHT AND AREA DISTRICT ON THE NORTHERN TWO HUNDRED AND SIXTY FEET OF SAID TRACT; 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. (Highland Lakes National Mortgage Co., C14-75-012) Mayor Pro Tem Dryden moved that 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: Councilman Lebermann, Mayor Butler, Councilman Binder, Noes: None Absent: Mayor Pro Tem Dryden, Councilman Snell Councilman Friedman Abstain: Councilperson Dr. Linn 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: LOT 16, BLOCK 4, ALTA VISTA SUBDIVISION, LOCALLY KNOWN AS 4412 NORTH LAMAR BOULEVARD, FROM "C" COMMERCIAL DISTRICT TO "6-2" 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. (James H. Hausenfluke, C14-75-018) Mayor Pro Tem Dryden moved that 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: Councilman Lebermann, Mayor Butler, Councilman Binder, Mayor Pro Tem Dryden, Councilman Snell Noes: None Absent: Councilman Friedman Abstain: Councilperson Dr. Linn The Mayor announced that the ordinance had been finally passed. _ CITY OF AUSTIN, TEXAS April 17, 1975 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: A 10 ACRE TRACT OF LAND, LOCATED AT THE INTERSECTION OF DECKER LAKE ROAD AND JOHNNY MORRIS ROAD, FROM INTERIM "A" RESIDENCE, INTERIM FIRST HEIGHT AND AREA DISTRICT TO "LR" LOCAL RETAIL, FIRST HEIGHT AND AREA 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. (Joe Thompson, Trustee, C14-74-174) Mayor Pro Tem Dryden moved that 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: Councilman Lebermann, Mayor Butler, Councilman Binder, Noes: None Absent: Mayor Pro Tem Dryden, Councilman Snell Councilman Friedman Abstain: Councilperson Dr. Linn 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) THE NORTH 55 FEET OF LOT 5, AND LOTS 6 AND 7, RESUBDIVISION OF LOT 1, BLOCK "A," ST. LOUIS HEIGHTS, LOCALLY KNOWN AS 7545-7575 BURNET ROAD, AND ALSO BOUNDED BY ST. JOSEPH BOULEVARD, FROM "GR" GENERAL RETAIL DISTRICT TO "C-1" COMMERCIAL DISTRICT AND, (2) LOTS 2, 3, 4 AND 5, BLOCK "H," WESTERN TRAILS SUBDIVISION, SECTION 2, LOCALLY KNOWN AS 4405-4411 PACKSADDLE PASS, FROM "A" RESIDENCE DISTRICT TO "O" OFFICE DISTRICT; AND, (3) LOTS 1 AND 2, BLOCK 101, ORIGINAL CITY OF AUSTIN, LOCALLY KNOWN AS 410-416 WEST 8TH STREET, AND ALSO BOUNDED BY SAN ANTONIO STREET, FROM "O" OFFICE, SECOND HEIGHT AND AREA DISTRICT TO "C" COMMERCIAL, THIRD HEIGHT AND AREA DISTRICT; AND, (4) A 0.72 ACRE TRACT OF LAND, LOCALLY KNOWN AS 5725 NORTH INTERSTATE HIGHWAY 35, AND 1011 REINLI STREET, FROM "C" COMMERCIAL DISTRICT TO "C-2" COMMERCIAL 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. (H. R. Leigh, C14-75-016; George W. North, et al, C1475-023; City of Austin, C14-75-024; J. T. Hewlett & Mace B. Thurman, Jr., C14-75-025) Mayor Pro Tem Dryden moved that 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: CITY OF AUSTIN, TEXAS April 17, 1975 356 Ayes: Councilman Lebermann, Mayor Butler, Councilman Binder, Mayor Pro Tem Dryden, Councilman Snell Noes: None Absent: Councilman Friedman Abstain: Councilperson Dr. Linn 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: (1) THE EAST ONE-HALF OF LOT 4, BLOCK 67, ORIGINAL CITY OF AUSTIN, LOCALLY KNOWN AS 316 EAST 6TH STREET, FROM "C-2" COMMERCIAL DISTRICT TO "C-2-H" COMMERCIAL-HISTORIC DISTRICT, AND, (2) LOTS 12 THROUGH 15, SMOOT ADDITION, AND THE ADJACENT 405.5 FEET OUT OF OUTLOT 3, DIVISION "Z," ORIGINAL CITY OF AUSTIN, LOCALLY KNOWN AS 1316 WEST 6TH STREET, FROM "A" RESIDENCE DISTRICT TO "A-H" RESIDENCE-HISTORIC DISTRICT; AND, (3) THE EAST 34.5 FEET OUT OF LOT 4, BLOCK 65, ORIGINAL CITY OF AUSTIN, LOCALLY KNOWN AS 522 EAST 6TH STREET, FROM "C-2" COMMERCIAL DISTRICT TO "C-2-H" COMMERCIAL-HISTORIC DISTRICT, AND, (4) THE WEST 32 FEET OUT OF LOT 1, AND THE EAST 9 FEET OUT OF LOT 2, BLOCK 59, ORIGINAL CITY OF AUSTIN, LOCALLY KNOWN AS 403 EAST 6TH STREET, FROM "C-2" COMMERCIAL DISTRICT TO "C-2-H" COMMERCIAL-HISTORIC DISTRICT, AND, (5) 37.7 FEET X 69 FEET OUT OF LOT 4, BLOCK 79, ORIGINAL CITY OF AUSTIN, LOCALLY KNOWN AS 702 SAN ANTONIO, FROM "O" OFFICE DISTRICT TO "O-H" OFFICEHISTORIC 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. (St. Charles House, C14h-74-014; Family Home of Dr. R. K. Smoot, C14h-74-020; E. H. Carrington Store, C14h-74-042; Driskill, Day & Ford Building, Cl4h774-043; The San Antonion, C14h-74-046) Mayor Pro Tem Dryden moved that 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: Councilman Lebermann, Mayor Butler, Councilman Binder, Mayor Pro Tem Dryden, Councilman Snell Noes: None Absent: Councilman Friedman Abstain: Councilperson Dr. Linn The Mayor announced that the ordinance had been finally passed. AMENDMENT TO UNIFORM PLUMBING CODE Mayor Butler introduced the following ordinance: AN ORDINANCE AMENDING CHAPTER 42 OF THE CODE OF THE CITY OF AUSTIN OF 1967; REPEALING CERTAIN PROVISIONS OF CHAPTER 42; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. _ CITY OF AUSTIN, TEXAS April 17, 1975 Mayor Pro Tem Dryden moved that 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: Mayor Butler, Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilmen Snell, Lebermann Noes: None Absent: Councilman Friedman The Mayor announced that the ordinance had been finally passed. ORDINANCE CONCERNING MAY 3, 1975, RUN-OFF ELECTION The Council had before it an ordinance appointing Election Officials for the Run-Off Election for May 3, 1975, designating usage of an Electronic Voting System, designating the Central Counting Station(s), establishing a date for the test of equipment and for an Election School and such other details incident to the conduction of the Election as are necessary. It was noted that there had been questions raised about Precincts 231 and 437. Mayor Butler introduced the following ordinance: 351 AN ORDINANCE APPOINTING ELECTION OFFICIALS TO CONDUCT THE RUNOFF MUNICIPAL ELECTION TO BE HELD MAY 3, 1975; PROVIDING COMPENSATION FOR THE ELECTION OFFICIALS; DESIGNATING THE UTILIZATION OF AN ELECTRONIC VOTING SYSTEM FOR THE CONDUCTION OF SAID ELECTION; DESIGNATING A PRIME AND ALTERNATE CENTRAL COUNTING STATION FOR SAID ELECTION; ESTABLISHING A DATE FOR A PRECOUNT TEST OF THE AUTOMATIC TABULATING EQUIPMENT; PROVIDING NOTICE OF SAME; AND PROVIDING FOR SUCH OTHER ASPECTS AS ARE INCIDENT AND RELATED TO THE PURPOSE OF THIS ORDINANCE. The ordinance was read the first time, and Councilman Binder moved that the ordinance be passed to its second reading, omitting Precincts 231 and 437 for one week. The motion, seconded by Councilman Snell, carried by the following vote: Ayes: Councilperson Dr. Linn, Councilman Binder, Councilmen Snell, Lebermann Noes: Mayor Pro Tem Dryden, Mayor Butler Absent: Councilman Friedman The Mayor announced thatt the ordinance had been passed through the first reading only. It was suggested that the judges could appear before the Council, and Mayor Pro Tem Dryden felt that all the precincts should be reviewed. Councilperson Dr. Linn felt that it was the Council's duty to respond to complaints when it involved a person's ability or inability to vote because of a judge. CITY OF AUSTIN, TEXAS April 17, 1975 After discussion, it was determined that it would be appropriate to meet with persons involved in an Executive Session on April 24, 1975, at 11:30 a.m. in the Council Chamber. Mayor Butler suggested that it might be helpful for Council members to share with others the complaints that were registered. ADDITIONAL APPROPRIATION TO BICENTENNIAL TRUST Mayor Butler introduced the following ordinance: 358 AN ORDINANCE AMENDING ORDINANCE NO. 740919-B, ANNUAL BUDGET ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1974 AND TERMINATING SEPTEMBER 30, 1975, PROVIDING FOR AN ADDITIONAL APPROPRIATION OF $10,000 TO BICENTENNIAL TRUST ACCOUNT FOR FUND RAISING PROJECTS; AND DECLARING AN EMERGENCY. Councilman Lebermann moved that the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance effective immediately. The motion, seconded by Mayor Pro Tem Dryden, carried by the following vote: Ayes: Councilman Binder, Mayor Pro Tem Dryden, Councilmen Snell, Lebermann, Mayor Butler, Councilperson Dr. Linn Noes: None Absent: Councilman Friedman The Mayor announced that the ordinance had been finally passed. ORDINANCE FOR SALE OF ALCOHOLIC EVERAGES Consideration of an ordinance to allow later hours for the sale of alcoholic beverages was postponed until April 24, 1975. ITEM CONCERNING COMMUNITY RELATIONS TASK FORCE Mr. Larry Jackson, Chairman of a subcommittee of the Community Relations Task Force, appeared before the Council and stated that he was ready to "wind up" the Task Force's report and present it to the Council and was requesting that an individual write up their final objective report. He stated that he had been unable to get any written response to some of his letters to the City Manager's office and asked that the Council instruct the Manager to answer the questions in writing. He submitted that the Task Force's meetings have not been held properly, and the chairperson has not been in attendance for some time. In conclusion, he requested that the Council instruct the Manager and Task Force to "hurry" their report. Mr. Homer Reed, Deputy City Manager, stated that as far as he knew, every effort had been made to answer any questions; but he stated that he would make an attempt to answer any questions not answered or any questions already answered but not to Mr. Jackson's satisfaction. _ CITY OF AUSTIN, TEXAS April 17, 1975 359 Councilman Snell noted that he had attended a meeting of the Task Force and had been disappointed. He felt that it appeared no input was filtering through the Task Force. He pointed out that he was the one who encouraged them to make a complete report to the Council, Mayor Butler asked if there should be in the future a meeting with the Task Force as a whole to encourage them to come to some kind of tentative agreement. He suggested that the Council meet with them on April 23, 1975. In response to Councilman Lebermann's question, Mr. Jim Miller, Assistant City Manager, felt that the meeting was a good idea and would help the members feel they had some support. Councilman Lebermann moved that the Council call a Special Meeting for Wednesday, April 23, 1975, at 7:00 p.m. for the Council to meet with the Task Force in the Council Chamber. The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Pro Tem Dryden, Councilmen Snell, Lebermann, Mayor Butler, Councilperson Dr. Linn, Councilman Binder Noes: None Absent: Councilman Friedman ZONINGS SET FOR PUBLIC HEARING The City Manager reported that the following zoning applications had been referred to the Planning Commission for recommendation and had been set for public hearing on June 12, 1975: STUART M. PURCELL, ET AL By Wayne Gronquist and Bill Ley C14-75-005 ODIE E. AINSWORTH By C. C. Cook C14-75-045 CITY NATIONAL BANK, TRUSTEE By Dick Hodgkins C14-75-046 C. M. LANIER and EVELYN M. LANIER C14-75-047 Various properties within Fairview Bärk located ontthe follow- ing streets: Academy Drive, Hillside Avenue, Newning Avenue, Park Lane, Bickler Road, Melissa Lane, Le Grande Avenue, Bonniview Road, Drake Avenue, Ravine Drive, and The Circle. 908 Holly Street also bounded by I.H. 35 and San Marcos Street 8312-8324 Jamestown Drive 1304-1306 Treadwell Street 915 Josephine Street From "B" Residence 1st &e2pät Heightrand Area and "BB" Residence 1st Height and Area "NA"LResidence To 1st Height and Area From "A" Residence To "C" Commercial From "B" Residence To "C" Commercial From "A" Residence To "0" Office ALEXANDER MAYNARD C14-75-048 CITY OF AUSTIN, TEXAS April 17, 1975 700 West St. Johns Avenue INCOPORATED INVESTORS, INC. C14-75-049 GULF OIL CORPORATION By C. B. Malmberg C14-75-050 TOM F. MARSH By G. Frank Jordan C14-75-051 MRS. JIMMIE LEA HAZLEWOOD CHRIS By Terry Sasser C14-75-052 ALVIN J. and ADA S. MYNAR C14-75-053 F. N. BOLDING, JR., ET AL By Bill Davis C14-75-054 C. B. CARPENTER, ET AL C14-75-055 JACQUELINE WILLIAMS, ET VIR, CHARLES E. WILLIAMS By Robert C. Sneed C14-75-056 JACK W. LEDBETTER By Robert Mann C14-75-057 BALCOR REALTY INVESTORS By Dan Cates C14-75-058 J. E. YOUNGQUIST By H. Carter, Jr. and Ted R. Hendricks C14-75-059 4015 Manchaca Road 1801 East Riverside Drive 1301-1309 Parker Lane 2538 Elmont Drive also bounded by Pleasant Valley Road 2201 Lake Austin Boulevard, also bounded by Atlanta Street and Foster Avenue 9001-9003 North Lamar Boulevard 9000 Shepard Drive 5213-5227 Wasson Road 1911-A East River- side Drive 2803 Martin Luther King Boulevard (East 19th) also bounded by Ulit Avenue 300-306 West 15th Street 1500-1508 Lavaca Street 5742 Manchaca Road also bounded by Stassney Lane 2505 Buell Road From "A" Residence To "GR" General Retail From "A" Residence To "0" Office From "C" Commercial Το "C-2" Commercial From "GR" General Retail Το 1622" Commercial From "A" Residence Το "GR" General Retail From "A" Residence Το "LR" Local Retail From "A" Residence To "D" Industrial From "LR" Local Retail To "GR" General Retail From "A" Residence Το "LR" Local Retail From "C" Commercial Το "162" Commercial From "GR" General Retail To "C" Commercial From Interim "A" Residence 1st Height and Area To "C" Commercial 1st Height and Area 360 STANLEY W. CASNER, JR. C14-75-026 CITY OF AUSTIN, TEXAS April 17, 1975 4019 Spicewood Springs From Interim "A" Residence Road BARTON-WEST 2142-2150 West Ben ASSOCIATION, LTD. C14-75-029 White Boulevard 2201-2327 Prather Lane 4000-4312 Victory Drive JOSEPH F. BURKE By Martin Boozer, Jr. C14-75-037 LEONA RYAN GRAHAM C14-75-017 RAYMOND E. THOMAS By H. W. Curington C814-75-001 LIME KILN City of Austin, owner C14h-74-021 1209 Baylor Street 1908 Eva Street 2600 Block of Scenic Drive, also bounded by River Road Reed Park 1st Height and Area To "0" Office 1st Height and Area From "A" Residence Το "GR" General Retail (Tract 1), "B" Residence (Tract 2), and "C" Commercial (Tract 3) From "0" Office Το "LR" Local Retail From "A" Residence To "B" Residence 361 From Interim "A" Residence 1st Height and Area Planned Unit Development To 50 single-family dwelling units and 31 townhouse units with common open space. From "A" Residence To "A-H" Residence-Historic ADJOURNMENT The Council adjourned at 3:05 p.m. ATTEST: Prace Mouse City Clerk Butler APPROVED Mayor