? CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting April 15, 1976 7:00 Ρ. Μ. Council Chambers 301 West Second Street 24 The meeting was called to order with Mayor Pro Tem Snell presiding. Roll Call: Present: Councilmembers Himmelblau, Hofmann, Lebermann, Linn, Trevino, Mayor Pro Tem Snell Absent: Mayor Friedman The Invocation was delivered by MR. CHARLES GRAVES, Director of the Engineering Department. PRESENTATION City Manager Davidson stated that the City had just completed a very special contest relating to an Affirmative Action Program for Austin. In order to promote, advertise and educate the employees for this Affirmative Action effort, a slogan contest was conducted and tonight the City employees who participated in this effort and submitted the best slogans will be recognized. At this time, Mayor Pro Tem Snell distributed the certificates to departmental winners in the contest with congratulations from each of the Councilmembers. Following is a list of the departmental winners: David L. Timmons Mary Kunze James Andrist Robert F. Gardner Roger Gellenbeck William K. Brown Rufus Tanner Lilian L. Arrington Bernard J. McDaid Property Management. Finance Police Engineering Building Inspection Brackenridge Hospital Brackenridge Hospital Tax Water & Wastewater Frederic Kelly Ramon Sanchez, Jr. Bill Sealover Eda Crumley Regina Rosendez George K. Elbrecht Tracy Watson Tommye B. Von Roeder Caroline Schmitt Lorraine Yancey Walter R. Johnson Nancy Seher Arthur E. Lewis Lee Stone Gloria Piro Gomesindo H. Reyes Harry Warren CITY OF AUSTIN, TEXAS April 15, 1976 Fire Auditorium Construction Management Public Works Health Department Legal Planning Library Public Information Human Resources Vehicle & Equipment Services Urban Transportation Environmental Resource Management Personnel City Clerk Purchases & Stores Parks and Recreation 572 City Manager Davidson thanked all of the employees for their participation in the contest and announced the grand prize winner of the contest. MR. WILLIAM K. BROWN, Brackenridge Hospital, and the winning slogan being "Affirming tomorrow through action today." Mayor Pro Tem Snell then presented Mr. Brown with a $50 savings bond. Mr. Brown noted his appreciation for this award and asked that the money be deposited in the Steven Lulenski Memorial Fund at Brackenridge Hospital. Mayor Pro Tem Snell expressed his enthusiasm about the program and felt the Affirmative Action Program would not be a successful one unless everyone becomes involved, and he stated his congratulations to winners and losers for taking the time to participate in the program. He pointed out that his main interest was getting everyone involved in the Affirmative Action Program. APPROVAL OF MINUTES Councilmember Himmelblau moved that the Council approve the Minutes for April 8, 1976. The motion, seconded by Councilmember Linn, carried by the following vote: Ayes: Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Linn, Trevino Noes: None Absent: Mayor Friedman Not in Council Chamber when roll was called: Councilmember Lebermann APPEARANCE TO PRESENT A BICENTENNIAL PROGRAM Mrs. Eunice M. Wyatt, Teacher, Becker Elementary School, appeared before the Council with the First Grade Group from Becker to present a Bicentennial Program which consisted of patriotic songs, poems and quotations from American History. Mayor Pro Tem Snell thanked Mrs. Wyatt and the children for the presentation. CITY OF AUSTIN. TEXAS April 15, 1976 518 RECOGNITION Mayor Pro Tem Snell took this opportunity to recognize the Webelos Cub Scouts of Pack 97, Bergstrom Air Force Base with their leaders Mr. Don Land and Mr. Doul DeGrace. Mr. Land stated that Mr. DeGrace was unable to attend the meeting due to a military commitment; however, some of the members of the troop were present to see the Council in operation and to learn government towards their citizenship award. SECRETARIES WEEK Mayor Pro Tem Snell read and then presented a proclamation to Gari Mason, President of the Tower Light Chapter and Kay Pitman, CPS President of the Capital Chapter, proclaiming the week of April 18-24, 1976, as "Secretaries Week" and called on all residents to join the Council in giving due recognition to this group, paying special attention to Secretaries Day on April 21, 1976. RESOLUTION Mayor Pro Tem Snell read a resolution signed by the Council and to be presented later in recognition of Mr. Harry Akin who established his professional career through his Night Hawk Restaurants; was the founder of the Austin Restaurant Association, the Texas Restaurant Association, and was named Outstanding Restauranteur in 1958; and served as Chairman of the Human Relations Committee. Mr. Akin served his community and his fellow man in a variety of civic endeavors, including one term of leadership as Austin's Mayor in 1967-69. EXECUTIVE SESSION Mayor Pro Tem Snell announced that the Council had met in an Executive Session earlier in the day and had discussed some personnel matters but no decisions were made; however, an Executive Session was held last Tuesday night and a vote will be taken on this particular Executive Session next Thursday when Mayor Friedman is present. REQUEST FOR CERTAIN SERVICES FOR DEMOCRATIC PARTY PRIMARY Mr. Ken Wendler, County Chairman, appeared before the Council requesting the following services from the City of Austin in preparation for the Democratic Party Primary on May 1, 1976: 1. Computer Service including personnel, paper, program and test time. 2. Fire Marshall's Service a. Crowd Monitoring (5 persons for 5 hours) b. Shuttle Service (3 persons for 4 hours) (3 vehicles) c. Custodial Personnel d. Parking Preparations e. Rental: Electric Building Auditorium, from 8:00 a.m. until midnight, May 1, 1976 CITY OF AUSTIN, TEXAS April 15, 1976 Councilmember Lihn moved that the Council approve a request by Mr. Ken 519 Wendler for aforementioned services in preparation for the Democratic Party Primary on May 1, 1976. The motion, seconded by Councilmember Trevino, carried by the following vote: Ayes: Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Lebermann, Linn, Trevino Noes: None Absent: Mayor Friedman PARADE PERMIT Councilmember Trevino moved that the Council approve a request by Ms. Beulah Smith for a parade permit for April 30, 1976, from 8:30 a.m. to 10:30 a.m., celebrating the Bicentennial Year, beginning at School field, onto Westminster, right on Greenbrook Parkway to Shady Brook, cross Shady Brook to Bartholomew Baseball Park. (Alternate dates: May 7, 10, 11 or 12, 1976, in case of rain) The motion, seconded by Councilmember Lebermann, carried by the following vote: Ayes: Councilmembers Himmelblau, Hofmann, Lebermann, Linn, Trevino, Mayor Pro Tem Snell Noes: None Absent: Mayor Friedman PARADE PERMIT Councilmember Linn moved that the Council approve a request by Mr. Fred L. Daughtry for the Texas State Fireman's and Fire Marshall's Association on June 5, 1976, from 6:00p.m. to 8:00p.m. (kick off for the Association's 100 Anniversary Convention) beginning at the Municipal Auditorium to West 1st Street, east to Congress Avenue, north to 11th and Congress Avenue. The motion, seconded by Councilmember Himmelblau, carried by the following vote: Councilmembers Hofmann, Lebermann, Linn, Trevino, Mayor Pro Tem Snell, Councilmember Himmelblau Ayes: Noes: None Absent: Mayor Friedman PERMISSION TO HANG BANNERS Councilmember Linn moved that the Council approve a request by Mr. Edward L. Karaback, KaraMac Productions, Inc., for banners to be hung at 1200 South Lamar and Ben White Boulevard and Manchaca Road, September 27, through October 11, 1976. The motion, seconded by Councilmember Hofmann, carried by the following vote: Ayes: Councilmembers Lebermann, Linn, Trevino, Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann Noes: None Absent: Mayor Friedman CITY OF AUSTIN. TEXAS April 15, 1976 520 ITEM POSTPONED Mr. Bob Tinstman had requested to appear before the Council to discuss a request of LCRA for consideration of participation in the Fayette Power Project #2; however, the item was postponed until a later date. REQUEST FOR CHANGE OF DATES FOR BOAT RACES Mr. Danny Reed, Past President of Austin Boat Club, Inc., requested to appear before the Council to cancel May 1st and 2nd race dates and approve May 8th and 9th for boat races on Town Lake. Councilmember Linn noted that she had received some communication from the South River Citizen's Association saying that permits prior to 1976 were determined in January and they were informed that the permit had been granted in October, 1975. Due to a change in procedure, the Citizen's Association did not have an opportunity to testify regarding the permit. A member of the Austin Boat Club noted that Mr. Reed was not present this evening, but he would attempt to answer Councilmember Linn's question. He stated that when the 1976 schedule was applied for, it was requested that if necessary, some of the race dates would possibly have to be changed due to the scheduling of events in other cities. The Council agreed with this request. Motion Councilmember Himmelblau moved that the Council approve the request to cancel May 1st and 2nd race dates and approve May 8th and 9th for boat races on Town Lake. The motion was seconded by Councilmember Lebermann. Mr. Lonnie Davis, Director of Building Inspection, stated that the original dates were before the Navigation Board on October 20, 1975. Councilmember Linn commented that the citizens were expecting to testify in January since this was the usual month permits are granted for races and then it was moved to October and they did not get to appear. Mr. Davis pointed out that the Council approved the request on October 23, 1975, for the boat race dates of May 1st and 2nd. Mr. Davidson stated he would obtain the Minutes from the meetings in past years concerning boat races to clarify any questions. He noted that this year for the first time, the Council referred the Austin Boat Club back to the Navigation Board without giving consideration by itself. In response to Mayor Pro Tem Snell's question as to why the request for the change in dates, the member of the Austin Boat Club indicated that it was due to another race being held in Waco, Texas, on May 1st and 2nd. Roll Call on the Motion Roll Call on Councilmember Himmelblau's motion, Councilmember Lebermann's second, showed the following vote: Ayes: Councilmember Trevino, Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Lebermann Noes: Councilmember Linn Absent: Mayor Friedman April 15, 1976 CITY OF AUSTIN, TEXAS 521 REQUEST FOR BAPTISMAL SERVICE ON TOWN LAKE Councilmember Trevino moved that the Council approve a request from Reverend James Seim, Pastor, Faith Alliance Church, for permission to hold a baptismal service on Town Lake, Sunday, April 25, 1976. The motion, seconded by Councilmember Linn, carried by the following vote: (6:00 p.m.) Ayes: Councilmember Trevino, Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Lebermann, Linn Noes: None Absent: Mayor Friedman APPEARANCE CONCERNING CABLE TELEVISION SERVICE Mr. Stuart M. DeLuca, Chairman, Austin Video Users Council, appeared before the Council to present a resolution concerning recommended improvements in cable television service. Mayor Pro Tem Snell pointed out that no decision could be reached this evening concerning this matter. Mr. DeLuca stated that his purpose in appearing was to present to the Council a resolution adopted by the Austin Video Users Council, recommending a number of substantial improvements in the cable television service available to our community. He indicated that the members of the Video Users Council are people who use closed-circuit television and videotape recording in their work. About one month ago, some preliminary research was conducted concerning cable television service in Austin, and the Video Users Council invited representatives of several other organizations interested in the subject to participate in one of their meetings. Capital Cable Company and its parent, Midwest Video Corporation, were fully represented as well as others. The resolution before the Council this evening is a direct result of that meeting. Mr. DeLuca addressed his concerns that Capital Cable Company was not exerting enough effort in the area of cable television since it is providing substantially less service than hundreds of newer, and much smaller cable operators provide. He felt that the recommendations contained in the resolution would point Capital Cable in the direction of offering an expanded, higherquality service. In reviewing the resolution that was distributed to the Council, Mr. DeLuca noted that the resolution contained seven propositions, five of which are addressed to the Council and to Capital Cable Company: 1. Proposition Number One states that the Austin Video Users Council does not believe that a substantial benefit would accrue to the public if the City were to assume ownership and operation of the City's cable television service. 2. Proposition Number Two is addressed directly to Capital Cable and urges the company to be more aggressive in pursuing the public's interests, rather than being content to satisfy the narrowest possible interpretation of the letter of the law. Furthermore, it is recommended that the cable company and the City renegotiate the cable franchise. _ CITY OF AUSTIN, TEXAS April 15, 1976 3. Proposition Number Three is addressed to the Federal Communications Commission and it is requested that the FCC withhold permission for Capital Cable to extend the system to outlying areas, which would require a microwave relay network, until a new franchise has been concluded with the City. 4. Proposition Number Four recommends that by December 31, 1976, the cable system be expanded from the present 12 channels to 20 channels. 5. Proposition Number Five recommends that the City award a cable franchise for no more than 10 years. 6. Proposition Number Six deals with the control of the public access programs, and it is the consensus that Austin Community Television has earned the support of the community as the sole authorized coordinator of public-access programs. He urged the City to designate Austin Community Television to be the sole coordinator of public access programming. He also suggested that ACTV be funded by the City out of revenues received from the cable company, to supplement private contributions and other sources of funding. 522 7. Proposition Number Seven suggests that the Texas Public Utility Commission ought to assume regulatory authority over the development of cable television systems throughout the state. Mr. DeLuca concluded his presentation by stating that the resolution embodies their professional judgment of the direction that cable television might take in the near future. The Video Users Council recommends the proposals to the Council for their consideration, and it would stand ready to assist in any way to secure the maximum benefits of this revolutionary form of communication. In response to Councilmember Himmelblau's question as to the number of members in the Austin Video Users Council, Mr. DeLuca stated there are approximately 30 members. COLONEL WALKER stated that 49,000 people in Austin buy Capital Cable and he did not appreciate someone speaking against them. HOYT PURVIS, President of Austin Community Television, indicated his support of the resolution presented by the Video Users Council. Mayor Pro Tem Snell suggested that if there are comments concerning this issue that they be submitted to the City Clerk and they would be reviewed. DONALD THOMAS, attorney, pointed out that for four years Capital Cable has provided free cable space for the public access channel and they have never rented a channel for commercial use. He felt that the proposed program of a 20-channel system would be extremely high and there was not a legal right to require it. Mr. Thomas felt that the 20-channel system was not feasible at the present time. Mr. Purvis commented that he was not in agreement with everything Mr. Thomas said, and he would submit a written statement concerning this issue. CITY OF AUSTIN, TEXAS April 15, 1976 523 Motion Councilmember Linn moved that the Council conduct a public hearing concerning this matter within the next 60 days. The motion died for lack of a second. Mayor Pro Tem Snell commented that the report would be reviewed by the Council. RELEASE OF EASEMENT Consideration of authorizing the release of the following easement was not discussed at this meeting: A portion of a Drainage and Public Utility Easement ten (10.00) feet in width in Lot 26-B, a Resubdivision of Lots 24, 25 and 26 Knollwood. (Requested by Mr. Ralph W. Harris, Registered Public Surveyor, representing Mr. Don Weedon, Jr., owner) SUPPORT OF EMERGENCY MEDICAL PLANNING AND DEVELOPMENT EFFORT Councilmember Linn moved that the Council adopt a resolution affirming support of an areawide Emergency Medical Planning and Development Effort to be carried out by the Capital Area Planning Council. The motion, seconded by Councilmember Himmelblau, carried by the following vote: Ayes: Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Lebermann, Linn, Trevino Noes: None Absent: Mayor Friedman REQUEST TO USE OUTBOARD MOTOR BOAT ON TOWN LAKE Councilmember Linn moved that the Council adopt a resolution authorizing Mr. Charles G. Bowman, Stephen F. Austin High School teacher and director of field biology and scientific study program, to use a 15-horsepower, outboard motor powered boat on a part of Town Lake for the remainder of the current school year ending May 27, 1976, and the 1976-77 school year. (Navigation Board recommends approval) The motion, seconded by Councilmember Lebermann, carried by the following vote: Ayes: Councilmembers Himmelblau, Hofmann, Lebermann, Linn, Trevino, Mayor Pro Tem Snell Noes: None Absent: Mayor Friedman CITY OF AUSTIN, TEXAS April 15, 1976 524 CONTRACT AWARD Councilmember Linn moved that the Council adopt a resolution awarding the following contract: PIMA CONSTRUCTION COMPANY 4107 Medical Parkway Austin, Texas - For furnishing and erecting a prefabricated metal building at Walnut Creek Substation $9,838.00. The motion, seconded by Councilmember Trevino, carried by the following vote: Ayes: Councilmembers Hofmann, Lebermann, Linn, Trevino, Mayor Noes: Pro Tem Snell, Councilmember Himmelblau None Absent: Mayor Friedman REQUEST TO INCREASE WORK ON HOLLY UNITS ONE AND TWO The Council had before it for consideration possible authorization of a request to increase the scope of work on Holly Unit #1 and Holly Unit #2 by the amount of $80,800. ($143,300 authorized by Council on November 13, 1975) In response to Councilmember Linn's question as to this work being related to the problem that was encountered before concerning the cleaning of the boiler, Mr. R. L. Hancock, Director of Electric Utility, stated the work was not related to this. City Manager Davidson noted that he would distribute to the Council in the morning an update on the status of the Holly #3 repairs and would keep the Council informed on the progress of this work as it proceeds. Councilmember Lebermann moved that the Council adopt a resolution authorizing the increase of the scope of work on the Holly Unit #1 and Holly Unit #2 by the amount of $80,800. ($143,300 authorized by Council on November 13, 1975) The motion, seconded by Councilmember Himmelblau, carried by the following vote: Ayes: Councilmembers Lebermann, Linn, Trevino, Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann Noes: None Absent: Mayor Friedman CONSORTIUM AGREEMENT FOR CAPITAL AREA MANPOWER CONSORTIUM The Council had before it for consideration entering into a Consortium Agreement for the Capital Area Manpower Consortium consisting of the City of Austin and the Counties of Bastrop, Blanco, Burnet, Caldwell, Fayette, Hays, Lee, Travis, and Williamson. CITY OF AUSTIN, TEXAS April 15, 1976 525 MR. ERNEST PERALES, representing the SER Board of Directors as well as Image, G. I. Forum, Lulac, and the Mexican and American Business and Professional Women of Austin, commented that the SER Board of Directors and the other groups listed were concerned about the Consortium Agreement being reviewed at this time. Once the agreement is approved, it would actually bind the City to the nine member counties of the consortium. He felt that the agreement did not clearly delineate the relationship between urban and rural consortium members and this defect has resulted in conflicts when funds are subcontracted by the consortium. The agreement does not say that rural members decide how rural funds are spent nor does it say that the City will decide how urban funds will be spent. He felt that the Consortium Agreement favors the rural counties much more in the relationship of the consortium. The rural counties combined total only 49.8% of the population yet they can override decisions by the Council which represents over twice the population of the rural counties. This is the aspect of the Consortium Agreement that the groups were asking be corrected, and in review of the agreement that the Council consider the events and circumstances of the past as Mr. Perales pointed out. The City of Austin can and should correct the Consortium Agreement to reflect the rightful prerogative it has to decide how funds are expended in the urban area, and Mr. Perales concluded by asking the Council if they could guarantee under the agreement that the consortium membership cannot override an urban manpower service plan. Mr. Andy Ramirez, Director of Human Resources Department, commented that as long as there is no change in the plan, the City administers all of the funds and can subcontract any part of that particular program. He felt that the problem had occurred when funds were to be transferred from one category to another which constituted a change in the actual plan. When the consortium is formed, it becomes the prime sponsor and only the prime sponsor can approve the comprehensive plan and any changes. Councilmember Trevino stated that Mr. Art Navarro, Executive Director of SER, had met with him and Mr. Ramirez to discuss the changes that were being proposed. Councilmember Trevino noted that he had met also with County Commissioner Richard Moya, who could not be present at this meeting since he was out of town on business. However, Councilmember Trevino wanted to share with the Council the following telegram that was sent by Commissioner Moya to Councilmember Trevino: "I strongly support your motion to merge the CETA Executive Committee to the MAPC in the new Capital Area Consortium Agreement." Signed, Richard Moya Councilmember Trevino stated that his motion was read to Mr. Moya via telephone and he understands and agrees. Councilmember Trevino commented that the assurance the SER Board of Directors and the other organizations wanted was that the City will be concerned for the urban program and not allow someone other than the City of Austin to make decisions that have a bearing on the citizens in the City limits. CITY OF AUSTIN, TEXAS April 15, 1976 526 Motion Councilmember Trevino moved that the Council adopt a resolution to enter into the Consortium Agreement for the Capital Area Manpower Consortium consisting of the City of Austin and the Counties of Bastrop, Blanco, Burnet, Caldwell, Fayette, Hays, Lee, Travis, and Williamson with the following modification: "For the past two years there had been a problem in obtaining a quorum of the Manpower Advisory Planning Council. I feel, therefore, that it is in the best interest of the Consortium and the Program that the MAPC and the Executive Committee be combined; thereby assuring that special interest groups are represented on the single body. The current number of appointees to the Executive Committee is 19; 9 individuals appointed by the 9 County Commissioners Courts and 9 members appointed by the City Council, plus the Chairman who is the City Manager or his designee. The current makeup of the MAPC is 4 members appointed by the surrounding 8 Counties and 6 members from Austin and Travis County. One of the 6 members of the Urban Area is a representative of Human Services of Travis County. Therefore, my motion is that we combine both bodies with the City obtaining 15 appointments, one being the City Manager or his designee, Travis County obtaining 2 appointments and the surrounding 8 Counties the regular 8 appointments plus 4 appointments to represent special interest groups consistent with the Federal regulations. This does not constitute any change in the voting pattern that currently exists for Austin and the other Consortium members, but Austin, as the eligible prime sponsor continues to maintain 51 percent of the vote on the Executive Committee. Since this proposal does not alter the voting strength of any single member of the Consortium, I am confident that all parties will join with us in ratifying this proposed modification. We all look forward to continuing as working members of a program which has benefited the constituency of each member agency." The motion was seconded by Councilmember Himmelblau. MR. ART NAVARRO, SER Project Director, stated that SER is in agreement with the motion made by Councilmember Trevino; however, he felt it was not essentially speaking to the remedy that was being sought. He would like the assurance that it will be possible to go to the Council for a decision on any proposal that SER might submit and have it approved by this new member body and the Manpower Training Division and would not be sent back to the rural members of the consortium who can perhaps override the decision. Councilmember Trevino stated that if the proposal is rejected by the consortium, the City of Austin still makes the decision as to whom they will contract with. CITY OF AUSTIN. TEXAS April 15, 1976 527 Mr. Ramirez commented that as long as there is no change in the plan, the City can contract any or all of it to whomever it desires since it is the administrative arm. If there is a change in the allocation of funds, then this would have to come before the consortium for approval since this would represent a change in the plan in terms of money. Mr. Ramirez noted that the only subcontractor that appears in the plan is the rural subcontractor because this would assure that the rural areas would have input as to whom the rural area subcontractor would be. MR. GABRIEL GUITERREZ commented that he felt this was a bad deal for the City regardless of the modified plan and addressed several questions to Mr. Ramirez concerning the consortium. He stated that he had not read the new agreement and was concerned with the method applied thereby allowing the City to distribute its monies by virtue of subcontracts without having to worry about the consortium blocking it. He commented that he was satisfied with the structure as explained by Mr. Ramirez and was satisfied with Councilmember Trevino's motion. Roll Call on Motion Ayes: Councilmembers Linn, Trevino, Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Lebermann Noes: None Absent: Mayor Friedman Councilmember Trevino stated that although Mayor Friedman was absent due to a religious holiday, he asked that it be stated that he is supportive of the motion. PUBLIC HEARING ON CITY CODE RELATING TO LICENSES FOR TRADESMEN Mayor Pro Tem Snell opened the public hearing scheduled for 7:30 p.m. to consider Chapter 36 of the City Code relating to licenses for tradesmen performing renovation repairs, remodeling and additions to any one or twofamily dwellings. Councilmember Himmelblau noted that there had been some deletions and additions to the ordinance due to public input, the main one being the deletion of the bonding requirement. MR. LONNIE DAVIS, Director of Building Inspection, reviewed the ordinance with the following changes: 1. Section 36-307(b) EXCEPTION shall read, "The property owner is not required to be licensed or bonded when performing the above mentioned work on his own property and will apply equally to persons doing work on behalf of the owner without benefit of compensation." 2. Section 36-307(d) shall have an additional statement following the first sentence and will read, "and the applicant shall furnish appropriate identification." CITY OF AUSTIN, TEXAS April 15, 1976 528 3. Section 36-307(f) will have an additional statement stating "the Building Code Board of Appeals may suspend the licenses of a contractor for a period of not more than one year." MR. ERIC SIMONSON was concerned with the purpose of the proposed ordinance and felt there should be some reference made to people that sell things by going from door to door. Councilmember Linn pointed out that there is an ordinance being processed at the present time that will speak to this problem and it is called a Solicitation Ordinance. MR. ROY O'MALLEY, Travis County Consumer and Housing Office, supported the ordinance and suggested ways to strengthen the ordinance to protect individual consumers. Some of these were a requirement of identification of the individual contractor, section included for willful misrepresentation for the need of repair whereby the contractor's license could be suspended if this occurs, and he felt if there are repeated violations some provision should be made for a penalty. MR. MARK NICHOLS expressed his hope that there would be enough inspectors from the City to perform all of the inspections that will be necessary under the ordinance. HARRY JOHNSON felt there was no justification for singling out any type of contractor and thought all contractors should be licensed. If the ordinance does pass, he wanted to see that all roofers and repainters are required to obtain a building permit and pay the fee. DELENA TULL asked if the ordinance applied to persons working for an hourly wage, and Mr. Davis commented that a homeowner can hire someone to work at an hourly wage and it would not cover those people. KEN ZIMMERMAN, representing the Austin Association of Builders, had several questions concerning the ordinance such as what is being covered and what isn't, and he suggested that in Section 36-307(c) be included an additional phrase of "other contractors that are licensed and bonded by the City." He also stated concern with the section pertaining to EXCEPTION, Section 36-307(b). Mr. Davis addressed himself to the concerns of Mr. Zimmerman. In response to one lady's question, Mr. Davis stated that if work is done by the hour for a homeowner or a property owner a license is not required; however, if the work is performed by a contract then the license would be required. RICH ELMER, realtor and property manager, suggested having a dollar amount stipulation regarding the hourly wage since he employs people to perform certain jobs in some of his duplexes. He desired to enter into a contract with these persons rather than just a verbal commitment. JENNY HUNGERFORD thanked Councilmember Himmelblau for deleting the bonding requirement, but was concerned with obtaining permits for small jobs. RICHARD BROWN was concerned with the differentiation possibly between contract workers and hourly workers and felt that in the actual practice of contracting construction that this is not a fair and real differentiation. He felt that the contract amount should qualify whether or not all of the contractors involved on the job should be licensed. Mr. Brown also felt the ordinance was aimed at general contractors and not subcontractors and would like to see all licensed. CITY OF AUSTIN, TEXAS April 15, 1976 529 STANLEY THOMPSON indicated his approval of having everyone licensed and felt there should be some type of test administered as to who would receive the license. He also left with Councilmember Himmelblau a book dealing with a contractor's license and the format to use when designing tests for this purpose. Councilmember Himmelblau stated that in view of the discussion tonight, the ordinance still needed more work. Motion Councilmember Himmelblau moved that the Council continue the hearing on Chapter 36 of the City Code relating to licenses for tradesmen performing renovation repairs, remodeling and additions to any one or two-family dwellings at a later date to allow more time for additional work. The motion, seconded by Councilmember Linn, carried by the following vote: Ayes: Councilmember Trevino, Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Lebermann, Linn Noes: None Absent: Mayor Friedman Councilmember Himmelblau noted that the intent of the ordinance originally was for roofing and siding installations and she would appreciate the help and input of the public. STEVE WALLINGSFORD questioned the reason of the ordinance, and Mayor Pro Tem Snell suggested he contact Councilmember Himmelblau with any questions he might have concerning it. ZONING HEARING Mayor Pro Tem Snell announced that the Council would hear the zoning case scheduled for 7:30 p.m. for public hearing at this time. Pursuant to published notice thereof, the following zoning application was publicly heard: ΑΝΤΟΝΙΟ Ε. & BEATRICE B. SALAZAR By Adrian Overstreet Jr. C14-75-083 3303 Govalle Street From "A" Residence 1st Height and Area To "GR" General Retail 1st Height and Area RECOMMENDED by the Planning Commission, subject to a restrictive covenant providing for a rollback to "A" Residence, 1st Height and Area in the event Mr. Mr. Salazar ceases operation of an auto repair garage; and subject to sign and street parking prohibitions. The attorney requested the owners of the property and some of the neighbors to stand. He noted that the property has been used for the garage approximately 18 years prior to Mr. Salazar's purchasing the property. It has been utilized some 30 years in violation of the Zoning Ordinance, but the neighbors are not opposed to the business. He requested that the zoning change be granted. CITY OF AUSTIN, TEXAS April 15, 1976 Mayor Pro Tem Snell pointed out that one card was received from Mr. Adolph Bach opposing the change. 530 Motion Councilmember Trevino moved that the Council grant "GR" General Retail, 1st Height and Area as recommended by the Planning Commission, subject to conditions. The motion, seconded by Councilmember Lebermann, carried by the following vote: Ayes: Councilmembers Himmelblau, Hofmann, Lebermann, Trevino Noes: Councilmember Linn Abstain: Mayor Pro Tem Snell Absent: Mayor Friedman The Mayor announced that the change had been granted to "GR" General Retail, 1st Height and Area District, subject to conditions, and the City Attorney was instructed to draw the necessary ordinance to cover. Councilmember Linn stated that she respected the Salazars, but that she has consistently voted against this type of zoning and would have to vote "no." Councilmember Trevino stated that his vote was in the interest of neighborhood integrity. SETTING PUBLIC HEARING CONCERNING ANNEXATION OF CERTAIN LAND Councilmember Linn moved that the Council adopt a resolution setting a public hearing at 2:30 p.m. for May 6, 1976, to consider annexing the following: 18.56 Total acres of land: (Case No. C7a-76-002) 18.07 acres of land out of the William Cannon League - Beaconridge III. (Requested by Bryant-Curington, Inc., Consulting Engineers, representing Fawnridge Development Company, owner) (Right-of-way 0.49 acres of land initiated by the City of Austin. of South First Street as it abuts subject subdivision.) The motion, seconded by Councilmember Lebermann, carried by the following vote: Ayes: Mayor Pro Tem Snell, Councilmembers Hofmann, Lebermann, Linn, Trevino Noes: None Absent: Mayor Friedman Not in Council Chamber when roll was called: Councilmember Himmelblau CITY OF AUSTIN. TEXAS April 15, 1976 55351 ACCEPTANCE OF A GRANT PERTAINING TO THE CASWELL HOUSE PROJECT The Council had before it for discussion and possible authorization the acceptance of a grant from the National Historic Trust in the amount of $38,000 and amending the budget of the Caswell House Project to increase the budget by $38,000. In response to Councilmember Hofmann's question concerning this item, MR. TOM KNICKERBOCKER, Assistant Director of Planning, stated that the City was awarded a grant by the National Historic Trust in the amount of $38,000 to assist in the restoration of the Caswell House. This action as requested would authorize the City Manager to sign the appropriate agreement to accept that grant. Mr. Knickerbocker reviewed the original agreement as established in the and Community Development program by stating that $50,000 would be available from the HCD program and an application in the same amount would be submitted for Historic Trust Funds. An application was submitted for $50,000 and we were awarded $38,000. Councilmember Lebermann pointed out that funds have already been identified in 1974-75 when the Council agreed to spend funds for this purpose. Mr. Knickerbocker noted that any funds gained on a project which has been assisted by HCD funds must be programmed through the HCD process. Councilmember Hofmann commented that she had been advised that the Caswell House could be sold for approximately $100,000 with the stipulation that the house will be restored to the specifications of the City. Mr. Knickerbocker noted that he was not aware of any sale. City Manager Davidson stated that there was an indication to buy, but no sealed bid or proposal. Mr. Knickerbocker commented that a grant could be transferred if the new owner can match the grant and was acceptable to the National Park Service as a grantee. In response to Councilmember Himmelblau's question, Mr. Knickerbocker noted that first of all the $38,000 must be matched and the total of the $38,000 and $38,000 becomes subject to approval of the National Parks Service. Detailed plans and specifications must be submitted for approval agreement to maintain the structure, and if it is sold, future owners will maintain it. There are also some requirements that the house be opened 12 days per year. If the City accepts the grant and then sells the house, it must be sold with the conditions. He also noted that this would speak to the interior as well as the exterior. Councilmember Linn pointed out that the person owning the building could apply for additional funds and she felt it would enhance the building if the grant was accepted now. Mr. Knickerbocker stated that one year ago the Council voted to authorize the City to file an application in the amount of $50,000 that would be matched by the HCD fund. Councilmember Linn stated that people have been waiting for some time to proceed with this and she felt it was very disappointing to delay any further. Councilmember Himmelblau stated that her concern was in maintaining the interior of the structure. In response to Councilmember Hofmann's question as to the recommendation of the Landmark Commission, Mr. Knickerbocker indicated that they recommended selling the Caswell House under the condition that the structure would be historically restored. CITY OF AUSTIN, TEXAS April 15, 1976 Councilmember Linn pointed out this was only if the Council did not want to keep the house. 532 Mr. Knickerbocker stated that the purpose of the feasibility study was to determine what the bottom line cost would be for the structure. Councilmember Linn commented that she felt the bottom line cost received was not accurate. Councilmember Lebermann explained that the Landmark Commission indicated that if the Council so desired to sell the house they would not object. Mr. Knickerbocker felt the great concern of the Landmark Commission was that they did not want to see the Caswell House begin with the money available and left without attention in case there were budget problems. If in order to save the house it was necessary to sell it, then they would favor this after initial restoration has been done. Councilmember Lebermann stated that he would like to proceed with the project for a number of reasons such as using the structure in relation to the revolving fund. City Manager Davidson asked Mr. Knickerbocker if the Council could vote tonight to accept this and put it on hold and direct the administration to advertise for proposals under the conditions that have been described. Then the Council could then proceed to pursue the sale or they could vote to decline and proceed on the basis currently being followed. Mr. Knickerbocker commented this would be fine. Councilmember Lebermann felt that by putting this project on a hold basis was not fair to the many citizens who have worked so very hard on it and wanted to proceed. Councilmember Hofmann wondered if a two to three week delay would be detrimental to the citizens and also if after the money has been spent on the Caswell House will the City be able to sell it and generate more money than what has been put into it. City Manager Davidson stated that as far as the staff is concerned, the Council did vote on what to do with the structure and it was placed on the agenda and recommended for approval; however, the staff was ready to move in the direction designated by the Council. Motion Councilmember Lebermann moved that the Council adopt a resolution authorizing acceptance of a grant from the National Historic Trust in the amount of $38,000 and amending the budget of the Caswell House Project to increase the budget by $38,000. The motion was seconded by Councilmember Linn. Substitute Motion Councilmember Hofmann moved that the Council adopt a resolution authorizing acceptance of a grant from the National Historic Trust in the amount of $38,000 and amending the budget of the Caswell House Project to increase the budget by $38,000 and to follow the City Manager's suggestion to put the project on hold for a definite limited amount of time in order for Mr. Joe Morahan, Director of Property Management, to advertise for bids. The motion, was seconded by Councilmember Trevino. MARY ARNOLD stated that she served on the Citizen's Advisory Committee for the Caswell House and pointed out that the Landmark Commission met on Monday evening with the architects and considered how best to spend the $88,000. Mr. Phillip Creer, representing the Landmark Commission, worked with the architects =CITY OF AUSTIN, TEXAS April 15, 1976 533 and agreed to a plan on how to readapt the feasibility study on spending the $88,000. The Landmark Commission voted approval of the changes and recommendations and to recommend to the Council that the $88,000 be spent in that manner on Phase I and II. Two weeks ago the Commission came before the Council and stated that they did not recommend approval of selling of the house until the $88,000 had been spent on it. She noted there was no objection to the eventual sale of the house, but she felt it was important that the City demonstrate good faith and not to continue voting week after week. Roll Call on Substitute Motion Roll Call on Councilmember Hofmann's substitute motion, Councilmember Trevino's second, showed the following vote: carry. Ayes: Councilmembers Hofmann, Trevino, Mayor Pro Tem Snell Noes: Absent: Councilmembers Himmelblau, Linn, Lebermann Mayor Friedman The Mayor Pro Tem announced that the substitute motion had failed to Roll Call on Motion Roll Call on Councilmember Himmelblau's motion, Councilmember Linn's second, showed the following vote: Ayes: Noes: Councilmembers Himmelblau, Linn, Lebermann Councilmembers Hofmann, Trevino, Mayor Pro Tem Snell Absent: Mayor Friedman The Mayor Pro Tem announced that the motion had failed to carry. Motion Councilmember Linn moved that the consideration of authorizing acceptance of a grant from the National Historic Trust in the amount of $38,000 and amending the budget of the Caswell House Project to increase the budget by $38,000 be placed on the agenda for the April 22, 1976, Council meeting. motion was seconded by Councilmember Himmelblau. The Substitute Motion Councilmember Trevino moved that the consideration of authorizing acceptance of a grant from the National Historic Trust in the amount of $38,000 and amending the budget of the Caswell House Project to increase the budget by $38,000 be placed on the agenda for the May 6, 1976, Council meeting, and that the City Manager be instructed to instruct Mr. Joe Morahan to advertise for bids. The motion was seconded by Councilmember Hofmann. City Manager Davidson requested that he receive an actual motion from the Council before proceeding with any kind of advertising on the property. City Attorney Kubicek agreed and felt the instructions to the staff need to be unequivocally clear. CITY OF AUSTIN, TEXAS April 15, 1976 534 Roll Call on Substitute Motion Roll call on Councilmember Trevino's substitute motion, Councilmember Hofmann's second, showed the following vote: carry. Ayes: Noes: Councilmembers Trevino, Hofmann, Mayor Pro Tem Snell Councilmembers Himmelblau, Linn, Lebermann Absent: Mayor Friedman The Mayor Pro Tem announced that the substitute motion had failed to Roll Call on Motion Roll call on Councilmember Linn's motion, Councilmember Himmelblau's second, that the consideration of authorizing acceptance of a grant from the National Historic Trust in the amount of $38,000 and amending the budget of the Caswell House Project to increase the budget by $38,000 be placed on the agenda for the April 22, 1976, Council meeting, showed the following vote: Ayes: Councilmembers Linn, Himmelblau, Lebermann, Trevino, Mayor Pro Tem Snell, Councilmember Hofmann Noes: None Absent: Mayor Friedman The Mayor Pro Tem announced that the motion had carried. APPLICATION FOR FUNDS FOR THE CASWELL HOUSE The Council had before it for possible authorization the submission of an application for, and upon approval, acceptance of funds from the National Trust for Historic Preservation for restoration of and preservation of the Caswell House located at 1404 West Avenue. After discussion among the Council concerning the use of Housing and Communtiy Development funds for the project, it was the consensus that HCD funds not be utilized for this. Mr. Tom Knickerbocker suggested that the phrase "and upon approval and acceptance of funds" be stricken from the motion so there is separate action authorizing the application and then at a later date the formal acceptance could be made. Councilmember Lebermann moved that the Council adopt a resolution for authorization to submit an application to the National Trust for Historic Preservation for continued restoration and preservation of the Caswell House located at 1404 West Avenue. The motion, seconded by Councilmember Linn, carried by the following vote: Ayes: Councilmember Trevino, Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Lebermann, Linn Noes: None Absent: Mayor Friedman April 15, 1976 =CITY OF AUSTIN, TEXAS- 535 APPLICATION TO NATIONAL HISTORIC PRESERVATION CONCERNING MOONLIGHT TOWERS Councilmember Lebermann moved that the Council adopt a resolution for authorization to submit an application to the National Trust for Historic Preservation for restoration of endangered Moonlight Towers located at the Intersections of West 6th and West Lynn, and Pennsylvania and Leona. The motion, seconded by Councilmember Linn, carried by the following vote: Ayes: Councilmember Trevino, Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Lebermann, Linn Noes: None Absent: Mayor Friedman SETTING PUBLIC HEARING ON PLANS FOR CLARKSVILLE NEIGHBORHOOD Councilmember Linn moved that the Council adopt a resolution setting a hearing at 10:30 a.m. for April 22, 1976, to consider plans and program for the Clarksville neighborhood. The motion, seconded by Mayor Pro Tem Snell, carried by the following vote: Ayes: Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Lebermann, Linn, Trevino Noes: None Absent: Mayor Friedman PAYMENT PERTAINING TO CASH SETTLEMENTS Councilmember Hofmann moved that the Council adopt a resolution authorizing payment in the amount of $13,252.50 to AUSTIN SAVINGS & LOAN ASSOCIATION, developers of the subdivision known as Las Cimas, Section One, in accordance with the resolution adopted September 18, 1975, pertaining to cash settlements due developers of new subdivisions. The motion, seconded by Councilmember Trevino, carried by the following vote: Ayes: Mayor Pro Tem Snell, Councilmembers Himmelblau, Hofmann, Lebermann, Linn, Trevino Noes: None Absent: Mayor Friedman AMENDMENT TO LOBBY REGISTRATION ORDINANCE The Council had before it an amendment to the Lobby Registration Ordinance as proposed by Mayor Friedman that would provide for an exemption of an elected official. CITY OF AUSTIN, TEXAS April 15, 1976 536 City Attorney Kubicek noted that the Council was distributed the proposed amendment which is as follows: To provide a new Section 1-19 providing as follows: Sec. 1-19. Government Officials The provisions of this ordinance shall not apply to governmental officials and their staff provided such governmental officials and staff are solely engaged in matters of governmental interest concerning their respective governmental bodies and the City of Austin. Mayor Pro Tem Snell introduced the following ordinance: AN ORDINANCE AMENDING CHAPTER 1 OF THE CODE OF THE CITY OF AUSTIN OF 1967; BY AMENDING ORDINANCE NO. 760304-E; PROVIDING A NEW SECTION 1-19 THERETO; PROVIDING AN EXEMPTION FOR GOVERNMENTAL OFFICIALS AND THEIR STAFF WHEN SOLELY ENGAGED IN MATTERS OF GOVERNMENTAL INTEREST; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND PROVIDING AN EFFECTIVE DATE. Councilmember Trevino moved that the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance, to be effective 10 days following the date of its passage. The motion, seconded by Councilmember Hofmann, carried by the following vote: Ayes: Councilmembers Himmelblau, Hofmann, Lebermann, Linn, Trevino, Noes: Mayor Pro Tem Snell Absent: Mayor Friedman The Mayor Pro Tem announced that the ordinance had been finally passed. ZONING ORDINANCES Mayor Pro Tem Snell 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: TRACT 1: A 13.96 ACRE TRACT OF LAND, SAVE AND EXCEPT A FIFTY FOOT STRIP OF LAND AROUND THE PERIMETER OF THE ENTIRE SAID 13.96 ACRE TRACT WHICH SHALL REMAIN ZONED "A" RESIDENCE, FIRST HEIGHT AND AREA DISTRICT, FROM "A" RESIDENCE DISTRICT TO "LR" LOCAL RETAIL DISTRICT; AND, TRACT 2: A 6.90 ACRE TRACT OF LAND, FROM "A" RESIDENCE DISTRICT TO "BB" RESIDENCE DISTRICT; ALL OF SAID PROPERTY BEING LOCATED AT 4613-4717 McCARTY LANE, IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND PROVIDING AN EFFECTIVE DATE. (J. W. Smith, C14-75-081) Councilmember Linn moved that the Council waive the requirement for three readings, declare an emergency and provide for an effective date. The motion, seconded by Councilmember Lebermann, carried by the following vote: _ CITY OF AUSTIN, TEXAS April 15, 1976 532 Ayes: Councilmembers Hofmann, Lebermann, Linn, Trevino, Mayor Pro Tem Snell, Councilmember Himmelblau Noes: None Absent: Mayor Friedman The Mayor Pro Tem announced that the ordinance had been finally passed. Mayor Pro Tem Snell 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: TRACT 1: A 0.92 ACRE TRACT OF LAND, FROM INTERIM "A" RESIDENCE, INTERIM FIRST HEIGHT AND AREA DISTRICT TO "LR" LOCAL RETAIL, FIRST HEIGHT AND AREA DISTRICT; AND, TRACT 2: A 2.78 ACRE TRACT OF LAND, FROM INTERIM "A" RESIDENCE, INTERIM FIRST HEIGHT AND AREA DISTRICT TO "B" RESIDENCE, FIRST HEIGHT AND AREA DISTRICT; AND, TRACT 3: A 4.56 ACRE TRACT OF LAND, FROM INTERIM "A" RESIDENCE, INTERIM FIRST HEIGHT AND AREA DISTRICT TO "BB" RESIDENCE, FIRST HEIGHT AND AREA DISTRICT; SAID PROPERTY BEING LOCATED AT 6801-7107 SOUTH CONGRESS AVENUE, IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND PROVIDING AN EFFECTIVE DATE. (J. Tim Brown, Richard Brown & R. W. Ellmer, C14-75-096) Councilmember Linn moved that the Council waive the requirement for three readings, declare an emergency and provide an effective date. The motion, seconded by Councilmember Lebermann, carried by the following vote: Ayes: Councilmembers Hofmann, Lebermann, Linn, Trevino, Mayor Pro Tem Snell, Councilmember Himmelblau Noes: None Absent: Mayor Friedman The Mayor Pro Tem announced that the ordinance had been finally passed. Mayor Pro Tem Snell introduced the following ordinance: AN ORDINANCE ORDERING A CHANGE IN USE AND HEIGHT AND AREA AND CHANGING THE USE AND HEIGHT AND AREA MAPS ACCOMPANYING CHAPTER 45 OF THE AUSTIN CITY CODE OF 1967 AS FOLLOWS: (1) ALL OF LOTS 1A, 2A, AND 3A, OUT OF FIRST RESUBDIVISION OF A. H. NEIGHBORS ADDITION AND A 0.41 ACRE TRACT OF LAND, LOCALLY KNOWN AS 6919-7013 EAST RIVERSIDE DRIVE, 2109-2201 MAXWELL LANE, AND 2207-2217 MAXWELL LANE, FROM "A" RESIDENCE DISTRICT TO "MH" MOBILE HOME DISTRICT; AND, (2) LOTS 1 THROUGH 7, BLOCK "B," NORTHWESTERN INDUSTRIAL ADDITION, AND LOTS 1 AND 2, BLOCK "E," AND LOT 3, BLOCK "C," INDUSTRIAL TERRACE, SECTION ONE (AMENDED), LOCALLY KNOWN AS 9000-9300 REID DRIVE; 9000-9300 UNITED DRIVE; 9400 BUSINESS DRIVE; 2800-3000 INDUSTRIAL TERRACE; AND 9137-9161 RESEARCH BOULEVARD (U. S. HIGHWAY 183), FROM "D" INDUSTRIAL, FIRST HEIGHT AND AREA DISTRICT TO "D" INDUSTRIAL, THIRD HEIGHT AND AREA DISTRICT, AND, April 15, 1976 =CITY OF AUSTIN, TEXAS: 538 (3) LOT 9, BLOCK 5, SILVERTON HEIGHTS SUBDIVISION, LOCALLY KNOWN AS 7007 GUADALUPE STREET, FROM "A" RESIDENCE DISTRICT TO "BB" RESIDENCE 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 PROVIDING AN EFFECTIVE DATE. (A. H. Neighbors, Jr., Executor, C14-76-009; Glastron Boat Company, C14-76-017; C. E. & Eleanor West, C14-76-004) Councilmember Linn moved that the Council waive the requirement for three readings, declare an emergency, and provide an effective date. The motion, seconded by Councilmember Lebermann, carried by the following vote: Ayes: Councilmembers Hofmann, Lebermann, Linn, Trevino, Mayor Pro Tem Snell, Councilmember Himmelblau (Councilmember Himmelblau abstained on Item (2) of the ordinance) Noes: None Absent: Mayor Friedman The Mayor Pro Tem announced that the ordinance had been finally passed. Mayor Pro Tem Snell 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: THE NORTH 12' X 80' AND THE SOUTH 34' X 100' OF THE EAST PART OF LOT 9; THE NORTH 22 FEET OF THE EAST 100 FEET, AND THE SOUTH 24 FEET, OF LOT 10; AND ALL OF LOTS 11 AND 12, BLOCK 69, ORIGINAL CITY OF AUSTIN, LOCALLY KNOWN AS 117 EAST 7TH STREET, FROM "C-2" COMMERCIAL DISTRICT TO "C-2-H" COMMERCIAL-HISTORIC DISTRICT; SAID PROPERTY BEING LOCATED IN AUSTIN, TRAVIS COUNTY, TEXAS; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND PROVIDING AN EFFECTIVE DATE. (Driskill Hotel, Cl4h-74-018) Councilmember Linn moved that the Council waive the requirement for three readings, declare an emergency, and provide an effective date. The motion, seconded by Councilmember Lebermann, carried by the following vote: Ayes: Councilmembers Hofmann, Lebermann, Trevino, Mayor Pro Tem Snell, Councilmember Himmelblau Noes: None Abstain: Councilmember Linn Absent: Mayor Friedman The Mayor Pro Tem announced that the ordinance had been finally passed. Mayor Pro Tem Snell introduced the following ordinance: AN ORDINANCE ORDERING A CHANGE IN USE AND CHANGING THE USE MAPS ACCOMPANYING CHAPTER 45 OF THE AUSTIN CITY CODE OF 1967 AS FOLLOWS: LOT 1, AND THE WEST 8.9 FEET OF LOT 2, BLOCK 80, OF THE ORIGINAL CITY OF AUSTIN, LOCALLY KNOWN AS 404 WEST 7TH STREET, FROM "O" OFFICE DISTRICT TO "O-H" OFFICEHISTORIC DISTRICT; SAID PROPERTY BEING LOCATED IN AUSTIN, TRAVIS COUNTY, TEXAS; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND PROVIDING AN EFFECTIVE DATE. (Eugene Bremond House, C14h-74-032) CITY OF AUSTIN, TEXAS- April 15, 1976 539 Councilmember Linn moved that the Council waive the requirement for three readings, declare an emergency and provide an effective date. The motion, seconded by Councilmember Lebermann, carried by the following vote: Ayes: Councilmembers Hofmann, Lebermann, Linn, Trevino, Mayor Pro Tem Snell, Councilmember Himmelblau Noes: None Absent: Mayor Friedman The Mayor Pro Tem announced that the ordinance had been finally passed. ATTEST: ADJOURNMENT The Council adjourned at 9:56 p.m. Sau Monse City Clerk APPROVED Mayor Pro Tem