CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting October 19, 1978 6:00 Ρ.Μ. Council Chambers 301 West Second Street The meeting was called to order with Mayor McClellan presiding. Roll Call: Present: Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Snell, Goodman, Himmelblau, Mullen, Trevino Absent: None The Invocation was given by Father Donald Sawyer, Sacred Heart Catholic Church. RESOLUTION GARY JOB CORPS CENTER AND HUSTON-TILLOTSON COLLEGE The Council adopted a resolution, signed by all members, recognizing the partnership of Gary Job Corps Center and Huston-Tillotson College for their achievements, and especially the following individuals who have brought credit to themselves and to Gary Job Corps Center; Timothy Cow Cowden, Marilyn Cokley, Audrey Domec, Mark Larson, Michael Pennant, Mark Deck, Sheri Munn and Kathy Turner. Accepting the resolution were Vera Jones, Dr. John T. King, Pat Coleman, Micky Albright, Clavin Jones and Dean Delco. Micky Albright spoke for all of them when he expressed his thanks. TEXAS NURSE WEEK Texas Nurse Week has been proclaimed for the week of October 15-21, according to a proclamation read by Councilmember Cooke and presented to Ms. Rozanne Thatcher, President of District V Nurses Association. She accepted it with her thanks. October 19, 1978 _ CITY OF AUSTIN, TEXAS VILMA MARTINEZ DAY Friday, October 20, 1978 was proclaimed Vilma Martinez Day, according to a proclamation read by Councilmember Trevino and accepted by Vilma Martinez with her thanks. APARTMENT ASSOCIATION DAY Apartment Association Day will be observed October 25, 1978, according to a proclamation read by the Mayor and accepted by Ted R. Hendricks and H.A. Guerrero. HONORARY CITIZEN An Honorary Citizen Certificate was presented to Marida Snieders. She came from Dorsten, West Germany last May to study English. While here she has resided with Mr. and Mrs. Charles Graves. Ms. Snieders thanked the Mayor and Council members for the certificate. BOY SCOUT TROOP VISITORS Boy Scout Troop 31 and their Scoutmaster, Mr. Jake Almond, were recognized by the Mayor as being visitors in the Council Chamber. APPROVAL OF MINUTES DEFERRED Approval of Minutes for October 12, 1978, and Special Meetings of September 25, 1978; October 12, 1978; October 13, 1978 and October 16, 1978 was postponed until November 2, 1978. BOARDS & COMMISSIONS Mayor McClellan announced that the following Board and Commissions appointments will be made on November 2, 1978: Building Standards Commission, 3; Vending Commission, 2; Community Development Commission, 1; Dental Health Advisory Committee, 1; MH/MR, 1; Wrecker Standards Commission, 7; Medical Assistance Advisory Board, 9; Construction Advisory Committee, 4; On-Going Goals Committee, 6; Emergency Appointments for Zones 1,2,3,7 & 8 Citizens Electric Utility Commission, 1; On November 9 the whole Electrical Board will be reconstituted. = CITY OF AUSTIN, TEXAS October 19, 1978 RELEASE OF EASEMENTS Counci Imember Himmelblau moved that the Council adopt a resolution to authorize release of the following easements: Two (2) five (5.00) foot Public Utility Easements at the rear of Lots 26, 27, 36, and 37, Glenbrook Section 1. (Requested by Mr. Kenneth K. Kirk, representing Capital Brick Corporation) The motion, seconded by Mayor Pro Tem Cooke, carried by the following vote: Ayes: Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino, Mayor McClellan Noes: None Councilmember Himmelblau moved that the Council adopt a resolution to authorize release of the following easements: A portion of a ten (10.00) foot Electric and Telephone Easement traversing Lot 1-B, Allandale Square Section 2, as recorded in Volume 5077, Page 1508, Travis County Deed Records, and being indicated as a Public Utility Easement on a plat of the Resubdivision of Lot 1, Allandale Square Section Two. (Requested by Mr. Charles F. Stahl, Artitect) The motion, seconded by Mayor Pro Tem Cooke, carried by the following vote: Ayes: Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino, Mayor McClellan Noes: None CONTRACTS APPROVED Councilmember Himmelblau moved that the Council adopt a resolution to authorize approval of the following contract: FRANZ ATSCHREITER 6700 Hardy Drive Austin, Texas - CAPITAL IMPROVEMENTS PROGRAM Construction of a restroom at Zilker Garden Center $18,900 C.I.P. No. 75/86-31 The motion, seconded by Mayor Pro Tem Cooke, carried by the following vote: Ayes: Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Noes: None Snell, Trevino, Mayor McClellan _ CITY OF AUSTIN, TEXAS October 19, 1978 Councilmember Himmelblau moved that the Council adopt a resolution to authorize approval of the following contract: ROBERT C. GRAY CONSTRUCTION CO. 2007 Rutland Drive Austin, Texas CAPITAL IMPROVEMENTS PROGRAM St. Elmo Road, Street and Drainage Improvements from South First Street to South Congress Avenue $149,849.80 C.I.P. No. 78/62-04 The motion, seconded by Mayor Pro Tem Cooke, carried by the following vote: Ayes: Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino, Mayor McClellan Noes: None Councilmember Himmelblau moved that the Council adopt a resolution to authorize approval of the following contract: REICH CONSTRUCTION CORPORATION 1117 West 42nd Street Austin, Texas Building at Govalle Wastewater CAPITAL IMPROVEMENTS PROGRAM- Treatment Plant $167,480.00 C.I.P. No. 73/59-03 The motion, seconded by Mayor Pro Tem Cooke, carried by the following vote: Ayes: Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino, Mayor McClellan Noes: None WASTEWATER APPROACH MAIN CONTRACT Councilmember Himmelblau moved that the Council adopt a resolution to approve the following Wastewater Approach Main Contract: ENVIRONMENTAL COMMUNITIES CORPORATION - Construction of an 8-inch and 12- inch wastewater approach main to serve Meadow Mountain Planned Unit if annexed within one year) Development. (City's cost $65,330.00 The motion, seconded by Mayor Pro Tem Cooke, carried by the following vote: Ayes: Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino, Mayor McClellan Noes: None 11 CITY OF AUSTIN, TEXAS October 19, 1978 VERY SPECIAL ARTS FESTIVAL" Councilmember Himmelblau moved that the Council adopt a resolution to authorize submission of a grant application through the National Committee on Arts for the Handicapped in the amount of $3,600 for a "Very Special Arts Festival" to be held Friday, June 8, 1979. (City's cost $2,970 provided through in-kind services.) The motion, seconded by Mayor Pro Tem Cooke, carried by the following vote: Ayes: Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino, Mayor McClellan Noes: None AGENDA ITEMS POSTPONED TWO WEEKS The following two agenda items were postponed until November 2, 1978: Consider establishing standards pursuant to Section 34-106 (a) of Article V, Austin, City Code, governing the personnel, vehicles, and equipment for transfer service operation in Austin, Texas. Consider establishing rates to be enacted at the time of award of franchise for operation of transfer service in Austin, Texas. PUBLIC HEARING SET Councilmember Himmelblau moved that the Council adopt a resolution to set a public hearing on November 9, 1978 at 10:30 A.M. on amending Chapter 45 (Zoning Ordinance) of the Austin City Code of 1967, to provide for veterinary hospitals or clinics under certain specified conditions by special permit in "0" office districts. The motion, seconded by Mayor Pro Tem Cooke, carried by the following vote: Ayes: Mayor Pro Tem Cooke, Council members Goodman, Himmelblau, Mullen, Snell, Trevino, Mayor McClellan Noes: None CONTRACT FOR TOURISM AND CONVENTIONS Councilmember Himmelblau moved that the Council adopt a resolution for a contract for the promotion of tourism and conventions between the City of Austin and the Austin Chamber Chamber of Commerce. (Requested funding level: $257,070.) The motion, seconded by Mayor Pro Tem Cooke, carried by the following vote: Ayes: Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino, Mayor McClellan Noes: None Mayor Pro Tem Cooke asked staff to report back in 6 months on the status of this. October 19, 1978 _ CITY OF AUSTIN, TEXAS MEDICAL ASSISTANCE ELIGIBILITY GUIDELINES Councilmember Himmelblau moved that the Council adopt a resolution to provide for an exception to the Medical Assistance Program eligibiltiy guidelines for individuals 63 years of age or older having inco incomes derived only from Social Security and/or SSI, or in combination with VA or AFDC. The motion, seconded by Mayor Pro Tem Cooke, carried by the following vote: Ayes: Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino, Mayor McClellan Noes: None Councilmember Himmelblau thanked Mrs. Edwards for her help in enabling restoration of clinic cards to those who had lost them. CONSIDERATION OF ORDINANCE POSTPONED Consideration of an ordinance to amend Article V of Chapter 34 of the Austin City Code of 1967 and establishing a new article concerning Emergency Transfer Vehicles, was postponed until November 2, 1978. PARKFIELD DRIVE Mayor McClellan introduced the following ordinance: AN ORDINANCE CHANGING THE NAME OF A STREET FROM PECUSA DRIVE TO PARKFIELD DRIVE; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND PROVIDING AN EFFECTIVE DATE. Councilmember Goodman moved that the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance. The motion, seconded by Mayor Pro Tem Cooke, carried by the following vote: Ayes: Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino, Mayor McClellan, Mayor Pro Tem Cooke Noes: None The Mayor announced that the ordinance had been finally passed. ANNEXATION Mayor McClellan introduced the following ordinance: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEXATION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 10.67 ACRES OF LAND, SAME BEING OUT OF AND A PART OF THE HENRY P. HILL LEAGUE IN TRAVIS COUNTY, TEXAS, WHICH SAID ADDITIONAL TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF AUSTIN, IN PARTICULARS STATED IN THE ORDINANCE; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND PROVIDING AN EFFECTIVE DATE. (Case No. C7a-78-002) _ CITY OF AUSTIN, TEXAS October 19, 1978 Councilmember Goodman moved that the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance. The motion, seconded by Mayor Pro Tem Cooke, carried by the following vote: Ayes: Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino, Mayor McClellan, Mayor Pro Tem Cooke Noes: None The Mayor announced that the ordinance had been finally passed. ZONING ORDINANCES Mayor McClellan 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 0.72 ACRE TRACT OF LAND, LOCALLY KNOWN AS 213-319 SOUTH LAMAR BOULEVARD, ALSO BOUNDED BY LEE BARTON ROAD; FROM "C" COMMERCIAL, FIRST HEIGHT AND AREA DISTRICT TO "C-2" COMMERCIAL, FIRST HEIGHT AND AREA DISTRICT; SAID PROPERTY BEING LOCATED IN AUSTIN, TRAVIS COUNTY, TEXAS; SUSPENDING THE RULE REQUIRING THE READ- ING OF ORDINANCES ON THREE SEPARATE DAYS; AND PROVIDING AN EFFECTIVE DATE. (Josephine Harris Bradford and D.C. Bradford, C14-78-154) Councilmember Goodman moved that the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance. The motion, seconded by Mayor Pro Tem Cooke, carried by the following vote: Ayes: Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino, Mayor McClellan, Mayor Pro Tem Cooke Noes: None The Mayor announced that the ordinance had been finally passed. The Mayor 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: THE WEST 50 FEET OF LOT 4, BLOCK 2, OUTLOT 75, DIVISION D, SMYTHS ADDITION, LOCALLY KNOWN AS THE REAR OF 3210 KING STREET; FROM "B" RESIDENCE, FIRST HEIGHT AND AREA DISTRICT TO "O" OFFICE, 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 PROVIDING AN EFFECTIVE DATE. (A.L. Exline, Jr., C14-78-013) October 19, 1978 __ CITY OF AUSTIN, TEXAS Councilmember Goodman moved that the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance. The motion, seconded by Mayor Pro Tem Cooke, carried by the following vote: Ayes: Councilmembers Goodman, Himmelblau, Mullen, Mayor McClellan, Mayor Pro Tem Cooke Noes: Councilmember Trevino Abstain: Councilmember Snell The Mayor announced that the ordinance had been finally passed. Mayor McClellan 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 41,091.59 SQUARE FOOT OF LAND, LOCALLY KNOWN AS 1403 COLLIER STREET; FROM "A" RESIDENCE, FIRST HEIGHT AND AREA DISTRICT TO "O" OFFICE, 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 PROVIDING AN EFFECTIVE DATE. (C.P. Young, C14-78-155) Councilmember Goodman moved that the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance. The motion, seconded by Mayor Pro Tem Cooke, carried by the following vote: Ayes: Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino, Mayor McClellan, Mayor Pro Tem Cooke Noes: None The Mayor announced that the ordinance had been finally passed. Mayor McClellan introduced the following ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 780921-A; DESIGNATING THE DIRECTIONS IN WHICH TRAFFIC SHALL MOVE IN THE VICINITY OF MEMORIAL STADIUM ON MANOR ROAD, ON OCTOBER 21, 1978, IN ACCORDANCE WITH SECTION 21-39 OF THE AUSTIN CITY CODE OF 1967; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. Councilmember Goodman moved that the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance. The motion, seconded by Mayor Pro Tem Cooke, carried by the following vote: Ayes: Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino, Mayor McClellan, Mayor Pro Tem Cooke Noes: None The Mayor announced that the ordinance had been finally passed. - CITY OF AUSTIN, TEXAS STREET VACATION October 19, 1978 The Council had before it for consideration, third reading of an Ordinance vacating the following: A portion of NASCO DRIVE between Northland Drive and Allandale Road. At the requests of Councilmembers Goodman and Himmelblau, the following letter from Mr. Doren R. Eskew, attorney representing the Allandale Baptist Church, was read into the record: Clerk. TO: Mr. John M. Scanlan; Re: Cause No. 274,692 "In order that the City Council may not be further distracted from the merits of the general public's interest in eliminating the expense and the inconvenience of policing and maintaining at public cost the short section of Nasco Drive serving only the private property of Allandale Baptist Church; in eliminating the existing traffic hazard which exists because of the intersection of that part of Nasco at an acute angle with a very heavily travelled thoroughfare (Allandale Road) between two reverse curves on Allandale Road; in widening and improving Allandale Road; and in improving traffic safety at the fivepoint intersection of Shoal Creek Boulevard, Northland Drive, and Allan- dale Road, I hereby provide you with this binding agreement in writing pursuant to Rule 11 of the Texas Rules of Civil Procedure, signed and filed with the papers as part of the record in the above styled and numbered cause: "In the event that Allandale Baptist Church decides to destroy the vacated part of the street and begin its construction program, it will first notify you and the 201st District Court of Travis County, Texas of such fact in time to allow all of the interested parties to take such legal action as they deem appropriate for their protection." "This agreement separates the functions of the judiciary from the functions of the legislative branch so that neither of them shall be called upon to perform or decide matters which are properly committed to the other under our system of separation of the powers of government." Mr. Eskew stated he had this day filed this letter with the District Councilmember Goodman asked Mr. Eskew what was meant by the statement, "in time to allow all of the interested parties to take such legal action as they deem appropriate for their protection." Mr. Eskew pointed out that the statement was designed to allow everyone to take appropriate legal action. He stated that this would be binding on the church so that all parties concerned would have adequate legal protection, including the Church. Mr. John Scanlon, attorney representing the plaintiffs in the litigation told the Council that he had not even seen the letter from Mr. Eskew. _ CITY OF AUSTIN, TEXAS October 19, 1978 He asked that the Council postpone a decision on the matter in order to allow time to reach some kind of agreement amongst parties. Mr. Eskew indicated that it was not necessaty to come to an agreement amongst parties as the agreement was a unilateral one, binding only the Allandale Baptist Church. Councilmember Goodman asked if any consideration had been given to not allowing the church to destroy the vacated street until the litigation was settled. Mr. Eskew indicated that the agreement binding the church was an absolute guarantee that protective action could be taken by any interested parties. Mayor Pro Tem Cooke asked City Attorney Jerry Harris if the agreement was legally binding and if Mr. Eskew's statements were valid. Mr. Harris stated that the letter indicated that the agreement would be pursuant to Rule 11 of the Texas Civil Statutes which says that the agreement isn't binding unless it is signed by both parties or unless the agreement is otherwise made in open court. He indicated that he had assumed that both parties would be in agreement with the letter prior to going to court. Mr. Harris stated that he was uncertain as to who would be able to enforce the agreement and that he was not prepared to speak to how binding the agreement would be. Councilmember Goodman commented that the agreement would not be binding unless made in open court. Mayor Pro Tem Cooke pointed out the agreement could be enforced since it had already been filed with the District Clerk. Mr. Eskew indicated that there was no intent to bind the litigants and that the only party that would be bound by the agreement would be the Allandale Baptist Church. Mr. Eskew also pointed out that when a period of time is in question, the courts will consider the agreement to be reasonable under the circumstances. Councilmember Goodman asked if it was likely that the street will be destroyed prior to resolution of the court case. Mr. Eskew pointed out that it was their intention to separate the legislative function from that of the judiciary. He stated that only the City Council had the authority to vacate a public street. Mr. Eskew pointed out that there was a public need to vacate the street. Mr. Scanlon pointed out that they were currently in court due to a breech of agreement by the Allandale Baptist Church that the property would be used solely for residential purposes. Mr. Scanlon again emphasized that he had not seen the letter, and that no agreement could be reached without the consent of both parties. Mr. Harris pointed out that the case was currently involved in litigation and that many of the matters pertaining to the case would ultimately be decided by the court. Mr. Eskew again pointed out that the decision of whether or not to vacate Nasco Drive was entirely up to the City Council. Motion Councilmember Mullen moved approval of the third reading of the Ordinance vacating Nasco Drive. The motion was seconded by Councilmember Himmelblau. October 19, 1978 _ CITY OF AUSTIN, TEXAS Friendly Amendment Councilmember Goodman made a Friendly Amendment that the statement, "in time", be deleted from the agreement due to ambiquity, and that a time period of 90 days be allowed for all interested parties to take legal action. Mr. Eskew indicated that he did not want to limit any of the involved parties and that he was not in favor of a 90 day time period. Councilmember Goodman stated that 90 days could be time enough to obtain a temporary restraining order if one was needed. Amendment Rejected Councilmember Mullen rejected the Friendly Amendment as made by Councilmember Goodman. reading: Roll Call On Motion Mayor McClellan brought up the following ordinance for its third AN ORDINANCE VACATING AND PERPETUALLY CLOSING THAT CERTAIN PORTION OF NASCO DRIVE IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. The ordinance was read the third time, and Councilmember Mullen moved that the ordinance be finally passed. The motion, seconded by Councilmember Himmelblau, carried by the following vote: Ayes: Councilmembers Himmelblau, Mullen, Mayor McClellan, Mayor Pro Tem Cooke Noes: Councilmembers Snell, Trevino, Goodman The Mayor announced that the ordinance had been finally passed. During Roll Call, Mayor McClellan made the following comment: "I do feel that the issue before the City Council is that of a street vacation. I have looked at every street vacation issue that has been before us and re-looked at that in the past few weeks. And we look at such things as the traffic and transportation needs of the area, and I've been to that site many times...used to live a short distance from there myself. You also look at the property owner or owners on both sides of the part of the street that you're vacating, in this instance it is of course Allandale Baptist Church that's requesting the street closure. I think this is not a church growth issue. It is not a land use issue. It is not... I think the needs of the City streets system cannot be judged..must be judged on their own merits and cannot be used as a means of controlling growth. The City has no precedent for denying street vacations under these circumstances and I vote Yes." CITY OF AUSTIN, TEXAS October 19, 1978 RECESS The Council then paused for a brief recess and the meeting was resumed. WEBELOWS VISIT COUNCIL CHAMBER Mayor McClellan recognized the Webelows, Pack 149, from Spicewood Elementary School, who were in the Council Chamber to observe the meeting for their citizenship award. The Mayor told them they were to have a paragraph ready for their next meeting on what they observe in the Council Chamber tonight. GIFT TO THE CITY FROM MARY LEE FOUNDATION MS. CHARLENE CRUMP, President, Mary Lee Foundations, requested to appear before Council to present a gift to the City of Austin in recognition of the fifteen years Mary Lee Foundation has been in existence in Austin. She presented a montage of the downtown Austin skyline, etched in marble. Ms. Crump said this was their way of saying thank-you, City Council and Mayor, and City of Austin, for letting them celebrate their 15th year in the city. Mayor McClellan expressed the appreciation of the Council and herself in her acceptance of the gift. The Mayor told told Ms. Crump that the City owes the Mary Lee Foundation its thanks and applause for doing special things with special people. GIFT FROM AUSTIN POWER SQUADRON MR. MATT SYPTAK, representing the Austin Power Squadron, appeared before Council and stated: "Mayor, Members of the City Council, if you will re- call, last May you issued a proclamation declaring June 1-7 as Safeboating Week. It is my privilege and honor to be able to present you with a certificate of Appreciation to Mayor Carole Keeton McClellan in recognition of valu- able assistance in furthering the aims of National Safe Boating Week proclaimed annually by the President of the United States. This is signed by Mr. A.W. Timburg, Chairman, National Safe Boating Council." Mayor McClellan thanked Mr. Syptak for presenting the certificate to her. SIGMA CHI DERBY DAY An attorney, who did not identify himself, appeared before Council representing Mr. Dan Austin, of Sigma Chi Fraternity, who had requested permission to use Pease Park for Sigma Chi Derby Day, October 29, 1978 from 12:00 noon to 5:00P.M. He said he had been working with the Save Our University Neighborhood to coordinate these festivities. Councilmember Himmelblau asked if the bond would take care of the clean-up. The attorney said it would. She said that she found no objection to this since it was from 12:00 noon to 5:00 ...that what she objected to previously was amplified sound during the evening hours. - CITY OF AUSTIN, TEXAS October 19, 1978 Motion Mayor Pro Tem Cooke moved that the Council approve the request of Mr. Dan Austin of Sigma Chi Fraternity, to use Pease Park for Sigma Chi Derby Day, October 29, 1978 from 12:00 noon to 5:00 P.M. The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau Noes: None CHRISTMAS TREE SALE Councilmember Goodman moved that the Council approve the request of Mr. Lynn R. Gustafson, President, Southwest Austin Babe Ruth Association, for the use of city property located on the Northwest corner of Barton Springs Road and Bouldin Avenue for sale of Christmas trees from November 24, 1978 through December 30, 1978. The motion, seconded by Councilmember Trevino, carried by the following vote: Ayes: Councilmembers Snell, Trevino, Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen Noes: None AUSTIN JAYCEES HAUNTED HOUSE Councilmember Mullen moved that the Council approve the request of Mr. Richard Wroten of Austin Jaycees, for permission to place signs for Austin Jaycees Haunted House in city right-of-way, October 19, 1978 to November 1, 1978. The motion seconded by Councilmember Trevino, carried by the following vote: Ayes: Councilmember Trevino, Mayor McClellan, Mayor Pro Tem Cooke, Counci Imembers Goodman, Himmelblau, Mullen, Snell Noes: None Mr. Homer Reed, Deputy City Manager, asked the Jaycee's to advise the Department of Building Inspection in advance and get their approval. SOLAR ENERGY Mr. Walter Timberlake, President AFL-CIO, had requested to appear before Council under Citizens Communications to request Council to adopt a policy that all future city facilities be required to incorporate solar energy in their design. He said he would defer his remarks until the public hearing scheduled on the same subject. APARTMENT HOUSE APPEAL Mayor McClellan opened the public hearing scheduled for 7:00P.M. on (a) Public Hearing on an appeal by Charles Watkins, et al, on the decision of October 19, 1978 _ CITY OF AUSTIN, TEXAS the Planning Commission approving a permit for a twenty unit apartment house at 2301-2307 Lawnmont Avenue. (Case No. C14p-78-046) and (b) Public hearing on an appeal by Kenneth Brown of the decision of the Planning Commission denying a twenty-six unit apartment complex at 2301-2307 Lawnmont. (Case No. C14p-78-046.) Mr. Knickerbocker of the Planning Department, told Council that this case comes to them as an appeal from both sides of the issue that was heard before the Planning Commission. "Briefly, what occured is that the applicant, seeking special permit for a 26 unit apartment house on 1.28 acres of land on the south side of Lawnmont Avenue was opposed by the homeowners in the area. The Planning Commission, in their motion, approved 20 units in lieu of the 26 that had been requested. Both parties have appealed that decision. It is our understanding that the applicant seeks 26 units as was originally proposed and that the neighbors are opposing the use. For your information, the current zoning would permit, under special permit, up to 29 units on this site." He then gave the Council a copy of the site plan submitted for the 26 units. Mr. Will Garwood, representing the applicant Kenneth Brown, appeared before Council and said that the site of the permit is zoned "A", but since the site is in excess of an acre and adjoins a tract in excess of 2 acres which is zoned "BB" or less restrictive it is eligible to have apartments on it. "So I don't think," he said, "the question before Council is whether or not it should have apartments on it. The zoning ordinance says that in this situation apartments are an appropriate use.... The question is whether the site plan presented meets the criteria for special permit. Adjoining this property to the east are the Lawnmont Apartments, developed to a density of 28½ units per acre. Immediately east of that are the El Presidente Apartments, developed to a density of 32 units per acre." Mr. Garwood went on to say that Mr. Brown did not come in with a request for the maximum amount he could build, but what he thought was needed. The apartments will be designed with the elderly in mind, and the builder is willing to put a privacy fence and buffering on the west side. He said that 46 parking spaces are required by law, but usually the elderly do not all own cars, and therefore the need will be for less parking spaces. He said they will ask the city for a variance to the parking requirement. Mr. Garwood pointed out that there is a drainage problem on the land in question, but that the builder will take care of it. MR. TRAVIS WILLIAMSON, President, Adult Service Council, (Senior City Housing) told Council that they receive 20-40 letters each week from retirees who want to live in Austin, but there is a shortage of housing for them. Therefore, he thought the proposed apartments would be an asset to the city. Councilmember Snell asked if there would be provisions for the handicapped in the apartments and Councilmember Himmelblau asked what assurance there would be that the apartments would be rented to senior citizens. MR. GIBSON, appeared to answer Councilmembers Snell and Himmelblau's questions. He told them that the project would be offered to older adults first, and that he knew it would be more than filled with senior citizens. He said that they have planned everything they can for the safety of the elderly including wheelchair ramps and wide doors. _ CITY OF AUSTIN, TEXAS October 19, 1978 MR. CHARLES WATKINS, speaking against the project, said that he felt that his neighborhood is not suitable for the elderly...that Lawnmont is a quiet street and they do not want more traffic pouring out onto it from more apartments. He said that he lives next door to the proposed project and his property value would decrease. MS. CYNTHIA HIGH appeared before Council, said that she lives across the street from the proposed project because young people now live in the neighborhood. She said she does not want an apartment house and a parking Tot across the street, nor does she want the added traffic. MR. E.J. DAVIS, 5401 Woodview, which is at the corner of Lawnmont and Woodview, said he wanted to go on record as bitterly opposed to the apartments. He said they are already overburdened with apartments in his neighborhood. Traffic is already a problem and they don't need more. MR. WILLIAM GILL appeared before Council, told them that he lived several houses away, but that apartments take away the safety and security of the neighborhood. He said he wanted the area maintained as a single dwelling neighborhood. Mayor Pro Tem Cooke said that he could find no valid reasoning in the oppositions remarks as to why the Council should overturn the Planning Commission's decision and deny apartments being built on the site. He inquired a- bout the water problem. Mr. Garwood again assured him the water problem would be taken care of and that they would not be allowed a building permit unless it is. He again assured Council that the apartments would be built with the elderly in mind and would give them first chance to rent them. Councilmember Goodman asked if a traffic count had been taken and Mr. Knickerbocker answered that no specific traffic problems are anticipated. Councilmember Himmelblau asked if the applicant has a site plan for a 20-unit apartment complex. Mr. Knickerbocker told her that they did not, that they had submitted one for a 26-unit complex. Motion Councilmember Mullen moved that the Council close the public hearing and allow 26 units with the buffering proposed by the applicant. The motion was seconded by Councilmember Himmelblau. Substitute Motion Councilmember Trevino made a substitute motion, seconded by Councilmember Goodman to uphold the Planning Commission and allow 20 units. October 19, 1978 _ CITY OF AUSTIN. TEXAS Friendly Amendment Councilmember Goodman offered a friendly amendment that the applicant return to the Planning Commission with a site plan for 20 units. Councilmembers Trevino and Goodman accepted his friendly lly amendment. Councilmember Himmelblau pointed out to Councilmembers that if there were only 20 units, one would be for the resident manager and that would leave only 19 units for rent. Roll Call on Substitute Motion with Friendly Amendment Roll Call on motion with friendly amendment showed the following vote: Ayes: Mayor Pro Tem Cooke, Councilmembers Goodman, Snell, Trevino Noes: Councilmembers Himmelblau, Mullen, Mayor McClellan Councilmember Goodman stated: "In fairness to those opposing any units there at all, there are these factors that we have to strictly adhere to and this particular Special Permit did not appear to conflict this request for a Special Permit...not with any of those requirements." MISS BLACK AUSTIN PAGEANT DAY Councilmember Snell read a proclamation designating October 12, 1978 as Miss Black Austin Pageant Day. Young women who will be in the pageant appeared before Council and presented the Councilmembers with tickets for the pageant which will be held Saturday, October 21, 1978 at the Municipal Auditorium. SOLAR ENERGY Mayor McClellan opened the public hearings scheduled for 7:30 Ρ.Μ. concerning solar energy. Mr. Peck Young, representing Citizens Electric Utility Commission, appeared before Council and stated: "As I understand it this hearing was called to review and discuss and hopefully to pass the resolution of the Austin Electric Utility Commission on Solar Energy, which I presented to Council some weeks ago. That resolution passed both our commission's committee on solar energy and our full commission by unanimous vote. Mr. Bruce Todd, Chairman of the Electric Commission, asked me as the chairman of the solar sub-committee to present the resolution and make brief comments on it tonight, before the public hearing. One of the points in the resolution was that there be a public hearing before action is taken on this because it is our feeling as a commission that the issue of solar energy is one that deserves more discussion and debate and a great deal of more public information. We feel solar energy is an area some people still believe lies in the future, but solar energy is very much a part of our present here in Austin and can be a substantial and beneficial part of our future. Solar energy would mean to Austin specifically, a cheap alternative power source to the non replenishable fuels that we now must depend on. It can mean jobs for citizens of the city and it CITY OF AUSTIN, TEXAS October 19, 1978 mean the development of a new and substantial industry in this city. Information that I was provided at a conference I attended this summer indicates that already Austin represents approximately 19% of all the solar industry activity, vity, solar installation, development and activity in the state of Texas, while our city only represents approximately 8% of the population of the state. So, we are already a major center for solar development. This resolution would call on the Council and if adopted, call on the city to adopt a policy that would (1) encourage development of this new energy industry in the city, (2) reduce the city's dependence on non-replenishable fuels by the economical employment of solar energy in every way possible. There are specific points brought up in the resolution. First of all it would require a commitment by the city to incorporate solar technology in any new or existing city-owned structures where the addition of that technology would be proved economically attractive. Second, it would call on the city to participate in demonstration projects and to actively encourage its staff to pursue such projects to put Austin in the forefront of the development phases of solar energy. Third, it would recall for the reform of any ordinances which would impede solar development. Fourth, it would outlaw any solar tariff, which would be any charge in our rate structure which would discourage the use of solar equipment. There have been suggestions made and there perhaps will appear before the next legislature people urging that we make a special charge for solar energy equipment and would raise the economic threshold at which solar eqiupment, solar assisted heating, and water heating would become available to the consumer. This resolution would call if adopted, put the city on record as out- lawing any such inclusion of any such tariff at this time and any new rate structure we would adopt. Finally, it would direct any representatives of the city to work to encourage the development of solar industries and solar energy and to oppose any projects before any legislative body or governmental agency that would tend to be a detriment to the development of solar energy. "As I said, it is our belief, as a commission, that the solar energy industry represents first of all a valuable alternative for the city of Austin. The city is in a unique position because of our geography and because of the activity here in this city in terms of research and development in both the public and private sector of the University and private industry, we are in a unique position to take advantage of it. Solar energy is not something we can wait to accept a policy on. Our commission adopted this resolution in the hope Council would adopt what they believed to be a comprehensive policy, not a final statement on solar energy, but the first thoroughgoing attempt at establishing a policy for solar for the development of solar energy for the city of Austin. We don't believe that solar energy is a part of Star Wars or Buck Rogers. We don't think we can wait for new developments or technology or some sort of break-through to take advantage of. We believe Austin is in a unique position with an opportunity to show true leadership to the whole state and perhaps our entire nation as a municipality that is blessed with the opportunity to move forward in an area which, in generations ahead, be the major energy source for our society and civilization. We call on you, as a commission, to take advantage of the opportunity through this resolution to adopt the policy and assert Austin's opportunity for leadership in the area of solar energy industry." _ CITY OF AUSTIN, TEXAS October 19, 1978 Councilmember Goodman said, "We have a recommendation from Annie Fitzpatrick concerning the creation of a commission to look into all possibilities concerning renewable energy sources. Meaning mainly solar of course, what is your opinion?" Mr. Young said that as spokesman for the commission he could not make any real statement on that. He said that his personal reaction would be that such a body would be valuable. MR. BOB BINDER appeared before Council and said he was representing himself, and that there are no easy answers. The decisions made now will be around for a long time, but that we should take advantage of the sun. He urged Council to support the solar energy resolution. JUDGE HARLY CLARKE said that long ago he advocated a mix and blend of fuels. Now we need conservation with the blending of solar energy. He said we have all of the technology for solar energy in our grasp. He urged the passage of the resolution and the establishment of the commission as advised by Annie Fitzpatrick. NANCY BENE, president, League of Women Voters, urged Austin to commit itself to the proposed resolution and to establish the commission as advised. ROBERT KING, coordinator of solar programs in the State of Texas, told Council that they should take positive action and consider the resolution and the proposed commission. ANNIE FITZPATRICK, the originator of the commission plan for the study of all possibilities of re renewable energy sources, urged the Council to adopt the resolution and her idea for a commission. WALTER TIMBERLAKE, president, Austin AFL-CIO, told Council that their 8,000 family members endorse the resolution of the Austin Utility Commission. LEMOINE PITMAN, secretary-treasurer, Austin Builders Union, and a sheet metal worker, said they had manufactured a solar energy system in less than two hours. That it is feasible and not costly. JOE HOLT, architect, told Council that he has designed several projects around Austin with solar equipment. He thinks that solar needs to be developed in an economical manner and should be considered along with the adoption of the solar resolution. He urged Council to implement solar energy in any new buildings the city plans to erect. WARREN COLE, president, Cole Solar Systems, told Council he is in favor of the proposition and pointed out that the University of Texas has a strong solar department. He said that some of the major manufacturers of solar systems are already located in Austin, and that what Council does tonight can set up Austin as a solar center of the United States. _ CITY OF AUSTIN, TEXAS October 19, 1978 FRANK HUTCHINSON, representing the Aus-Sol Energy, Inc., told Council that tax credits for solar energy have passed Congress and that the data from the Federal Government proves that solar energy is not a new proposition. He said the pending tax reform should exempt solar from the ad valorem tax. GARY WEED, owner of the Centex Sun Systems, said that the emphasis on solar energy usage will enhance the city. Employment will be benefited by solar, and Austin could be the training market for the state. GARY VLIET, appeared to say he supports the resolution. He is a mechanical engineer, and encourages the Council to exempt solar equipment from taxes. He thinks the city should install solar in new or existing buildings which are city owned. KEN MANNING, representing the Austin Group of the Sierra Club, said that conversion to solar is solar is just a matter of time and Austin should pursue it. Solar energy is very economical today and the Sierra Club supports the resolution. He feels Council should look at their building codes and appoint a commission. PLINY FISK III, appeared before Council, and discussed the possibility of working with low income people and emcouraging the use of solar energy there. He discussed an Energy Conservation Code Applications Manual, a product of the New Mexico Energy Institute of the University of New Mexico. He left his copy with the City Clerk in order that it can be in her office for a few days so others can look at it. RAY REECE, representing Texas Solar Action Coalition, which was formed several months ago to push for more rapid development of solar resources, appeared before Council. He said that there was federal money available for use with the resolution and the renewable energy commission. He said that the $161,000,000 voted by the city residents in 1976 has locked the city into costly overruns, construction delays and poorer and poorer municipal bond ratings, not to mention the much discussed staggering waste of nuclear electric power generation. He felt the commitment has so far yielded neither shortterm nor long-term benefits for the people of Austin. He cited how in his opinion the money could have been used to better advantage. He also urged the adoption of the solar resolution and the immediate creation of a renewable energy development commission. Mayor McClellan said, "I share your enthusiasm for solar but did you make a comment about bond rating?" To his answer of yes, she said "I assume you're talking about us going from the first lien to the second lien because we're in a heavy electric construction, when it went from A+ to A-1. Since this Council has been in office our bond ratings have not only not sagged, our G.O.'s have actually improved and we have maintained a high credit rating in the bond area. I'm not arguing with your solar, I enthusiastically support solar and this resolution. I want to clarify your reference on the bond ratings because we have and do enjoy a good, sound fiscal posture in the bond market and your times coverage factor come in on going to those second lien bonds." October 19, 1978 CITY OF AUSTIN, TEXAS Councilmember Goodman said, "I know that in one year after we got into nuclear our bond rating did drop from AAA to AA rating." Mayor McClellan answered, "I think you have to look at all the construction we are into. You can say it dropped after we entered Fayette and everyone is totally supportive of Fayette. But when you're into heavy construction the times coverage would break the ratepayers if we kept that kind of times coverage and not go to the second lien. Is that correct, or incorrect, Mr. Reed?" Homer Reed, Deputy City Manager, stated, "The essential reasoning on why the credit rating dropped in 1973 or 74, was in response to a whole bunch of things. The primary thing being that we had an energy crisis and had a shortage of gas and had a construction program outlined that required hundreds of millions of dollars in expenditures in both coal and nuclear plants. So it's a composite package of things." Mayor McClellan said, "I just wanted the record to clarify that because I feel pretty strongly about our sound bond rating." Mr. Reece told her that "I congratulate you on your fiscal management thus far and I hope you'll advance it even further by going solar." DARIA FISK had signed to speak but did not appear. MRS. HELENA HARDCASTLE, speaking for herself, told Council that there is a great need for a special commission on energy. She urged Council to adopt the resolution and do something definite about implementing it. MS. MARGRET HOFMANN, former Councilmember, appeared before Council and said, "I thought it might be helpful if I clarified that which is already on the books. On July 15, 1976 (read from Council minutes) 'The Council had before it for consideration that a program to encourage the utilization of solar energy should be undertaken. Councilmember Hofmann requested that the Council instruct the City Manager to review each new city building developed under the C.I.P. for potential solar energy application. Consideration should be given to practical application, technical feasibility, necessary funding for personnel and expenses, to establish a research and development group to pursue the items outlined in the two above paragraphs. This group should also study the resultant energy and demand impact on the City of Austin electrical system and the financial impact on the city of Austin. The Council, on Councilmember Hofmann's motion, Councilmember Trevino's second, requested that a program to encourage the utilization of solar energy be undertaken along the guidelines as authorized in the aforementioned items 1-3. 7-0 Vote.' ... I want to state that we did follow up. I inquired over and over again in various departments if new buildings that came up for a vote before us had been examined for solar energy and other energy conservation measures and I was assured every time that they had been. In order to help things along, I helped in the design of one of the fire stations, and I think it's the only one with an attic fan as a result. Also, the previous Council did establish an energy conservation project. As a project to start with we selected the auditorium, which has separate funds so this could be done without impacting the budget. We found that some $30,000 a year could be saved in the auditorium if various retrofitting and other modifications would be carried out. I requested and re- ceived the figures from all city buildings and with the aid of an engineer who specializes in energy conservation work, was advised that after an initial October 19, 1978 CITY OF AUSTIN, TEXAS payback period had elapsed that $250,000 of taxpayers money could be saved every year. I understand that after my exit from the Council this has all been shelved. ... I do hope that now this kind of work will be taken up again to insure that some day when you all are gone these projects will be carried on." Councilmember Snell said, "Let me tell you this, it hasn't been shelved. Carver Library has solar power." Mr. Reed commented, "While no further work was pursued with the consulting engineer with whom you talked, substantial work was done in Brackenridge Hospital, in the auditorium and in a number of other departments and most of that saving that was projected has been realized." Ms. Hofmann said she wanted to meet with Mr. Reed to find out more because she said she takes a great deal of interest in this sort of thing. Councilmember Mullen pointed out to her that they receive a report quarterly or semi-annually showing the savings the city has experienced as a result of energy saving ideas." ROBERT OGDEN, an engineer, appeared before Council and told them he had just completed a warehouse which will be heated by means of solar, but had been turned down by the plumbing inspectors who had told him the water would not get hot enough with solar energy. A man who did not identify himself appeared and said that the Council should be charged with raising the conciousness of Austin toward solar energy. TODD SAMUELSON, speaking for himself, said he hoped solar would be kept economical because he does not want to hear of any solar overruns, and that if the resolution does pass, he will keep a close watch on it. ROGER DUNCAN told Council that he is amazed at the wealth of knowledge and expertise Austin has in the solar energy field. He said that Austin is in the ideal location for this development and has the people in-house...all the elements are present for Austin to become the leading city in this country in the development of solar energy. MARK HOLDER, Chairman of the Ad Hoc Solar Committee, told Council that he installs solar systems. He said that solar is free and easy to use and all we have to do is take advantage of it. He said he looks forward to working with the guidelines which will be established by the resolution. Motion Councilmember Goodman moved that the Council close the public hearing and adopt the resolution concerning solar energy, and send the Electric Utilities Commission and Energy Conservation Commission a request to assess the feasibility of a renewable resources commission and report back to Council in 30 days. The motion, seconded by Councilmember Trevino, carried by the following vote: enjoy." Ayes: Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino, Noes: None Mayor McClellan, Mayor Pro Tem Cooke Councilmember Trevino commented, "This is one public hearing I did October 19, 1978 _ CITY OF AUSTIN, TEXAS PUBLIC HEARING TO REVIEW THE PLANNING COMMISSION RECOMMENDATIONS ON THE LAKE AUSTIN GROWTH MANAGEMENT PLAN Mayor McClellan opened the public hearing scheduled for 8:00P.M. to review the Planning Commission recommendations on the Lake Austin Growth Management Plan. Dr. Maureen McReynolds, Director of the Environomental Resource Management Department, told the Council that the presentation was not related to the Lake Austin interim Ordinance. She stated that there are approximately 44 policy recommendations in the Lake Austin Growth Management Plan, and that the interim controls Ordinance only deals with 4 of these policy recommendations. Dr. McReynolds stated that the Planning Commission sub-committee which studied the remaining policies, decided to concentrate on those policies which related specifically to water quality and to also make recommendations on a water quality monitoring program. MR. BILL STOLL, Chairperson of the Planning Commission sub-committee, made the following recommendations to the Council: 1. That water quality be the main focus of the Lake Austin Growth Management Plan. 2. That the City adopt a comprehensive water quality monitoring program for the Lake Austin water shed. The Planning Commission recommends that the current monitoring program be altered to include some other elements, principally using City departments with assistance from the private sector. 3. That specific policies should be adopted for implementation of the plan. 4. That the plan be adopted by the Council as a resource planning guide for the Lake Austin water shed. Dr. McReynolds went through the policy recommendations as submitted by the Planning Commission. She stated that there were four sections to the report: a preamble; discussion on a monitoring program; the infrastructure poli- cies; monitoring. Dr. McReynolds stated that the Lake Austin Growth Management Plan divides the water shed into four natural regions. The divisions are based on intrinsic suitability to growth and development. Dr. McReynolds then referred to a map of the subject areas. She stated that the Plan recommends different policies for infrastructure service to the four different plan- ning regions and that the report from the Planning Commission contained many of the recommendations as they relate to the provision of water and sewage. Dr. McReynolds then went through the sewage disposal recommendations. She stated that for the Lake Austin Corridor there is no recommendation for public facilities because of the sensitivity of and close proximity to the lake. She stated that there is a possibility of serving this area with a collection system combined with development in the lower Terrace Region. Dr. McReynolds stated that the recommended solution for sewage disposal in the Lower Terraces is independent treatment plants to serve each entire Terrace region. October 19, 1978 _ CITY OF AUSTIN, TEXAS In response to a question from Mayor Pro Tem Cooke, Dr, McReynolds indicated that this could encompass as many as five different treatment plants. Councilmember Himmelblau asked why these couldn't connect to a main sewer system. Dr. McReynolds indicated that this could be possible in areas where grav- ity flow existed. She stated that there was a recommended option to utilize main sewer connections in the Lower Terraces. In response to a comment from Mayor Pro Tem Cooke that the bulk of the regions be on treatment plants, Dr. McReynolds stated that it was the recommendation of the Planning Commission that a regional system be used. She stated that the most suitable areas for a collection system were in the Lower Terraces and the Plateau region. Dr. McReynolds pointed out that all of the Upper Plateau region might eventually be served by City sewer service. She stated that the recommendation from the Planning Commission concerning the Hill region is that there would be no intensive development in the area and that individual disposal systems would be utilized. Dr. McReynolds stated that the Plateau regions to the far west could also be served by independent but regional facilities. Dr. McReynolds stated that other general recommendations on sewage were that sewage treatment facilities be operated by either the City or a quasi-governmental entity, that they should utilize techniques that do not discharge into surface waters, that they should be advanced type treatment facilities and that the number of individual and separate systems should be minimized to the extent feasible. Dr. McReynolds indicated that the source of water supply to the region and the water needs for the Lake Corridor would best be met by drawing directly from the lake of the aluvium. As for the rest of the water shed, ground resources are very poor so that the best long-term source of water would be Lake Austin or Lake Travis. Dr. McReynolds stated that some water service is currently available to the area and that a proposed water treatment plant on Lake Travis would make it possible to serve the rest of the area with water. Dr. McReynolds stated, however, that the Planning Commission stated in its report that the economic feasibility of providing water service to an area that is intrinsically poorly suited to development should be analyzed before construction takes place. She stated that smaller water treatment facilities could be developed in conjunction with lower Terrace development. Dr. McReynolds stated that a comprehensive monitoring program would involve monitoring the lake, the major tributaries and the smaller sub-water sheds. She indicated that the specific effects of different types of development would best be examined by looking at data from small sub-water sheds. Dr. McReynolds said that the monitoring program for the sub-water sheds would be an independent program supplemental to the U.S.G.S. water quality program that is currently under way. Dr. McReynolds pointed out that the staff recommendation emphasizes existing staff capability to assist in designing a monitoring program with the use of some outside assistance, whereas the Commission's recommendation emphasizes the use of an outside consultant. MR. ROGER DUNCAN, representing the Environomental Board, told the Council that they had only two additional recommendations on the plan. Mr. Duncan stated that the Environmental Board recommended that the proliferation of privately owned, small package treatment plants should not be allowed in the Lake Austin planning area. He also stated that the Board recommended CITY OF AUSTIN, TEXAS October 19, 1978 that a third criteria be required in public investment and water distribution system, which reads as follows: "that higher priorities do not exist to serve other areas intrinsically better suited to accomodate future urban growth." Mr. Duncan stated that the Board recommended enforcing the existing regulation, Section 29-48 (b) of the City Code, which deals with treatment plants and their requirements for discharging sewage. Councilmember Mullen asked who wrote the first sentence of the preamble, and what it meant. Mr. Stoll stated that the Planning Commission was trying to say that the water quality situation in Lake Austin is what the City can get a handle on as far as implementing and controlling the controls and other methods it has for that water shed. He stated that by looking at the water quality situation and controlling that, they hoped that those measures would bring about better aesthetics for the Lake Austin water shed. Councilmember Mullen indicated that he objected to the sentence because it did not make good sense. Mr. Stoll felt that it was important that the City have some kind of philosophy concerning the Lake Austin water shed. Councilmember Himmelblau suggested that before the City contracts with a private firm to do work on water quality, that the City contact Dr. Molino at the U.T. Civic Engineering Department to see if some of the graduate students could take on the project. Dr. McReynolds indicated that they currently have a graduate student putting together data from some of the old water treatment plants. She stated that it would certainly be part of the program to acquire whatever assistance they could from the University and the Federal government. Mr. Charles Graves, Director of the Engineering Department, stated that it was the staff recommendation that an outside firm may not be necessary and that the work could be done in-house and by assistance from the University of Texas. MR. KEN MÄNNING, attorney representing the Sierra Club, told the Council that the document presented to the Council was limited in its nature because the Planning Commission did not hold any kind of a public forum concerning the Plan and received all of its input from developers. Mr. Manning stated that the Sierra Club recommended referring the matter concerning Spicewood Springs Road west of Loop 360 to the Urban Transportation Commission and the Parks Board. Mr. Manning hoped that the Council would ask the Parks Board to address the needs in the Lake Austin corridor. Mr. Manning took issue with the idea that the City would have to provide water and sewer service to the area, if it annexed the area for the purpose of exercising some controls in the Lake Austin water shed. He stated that there needed to be additional protection for flood plains and that this issue was not addressed in either the interim Ordinance or the report from the Planning Commission. In closing, Mr. Manning indicated that the issues addressed in the Plan needed to be expanded further. MS.BETTY CLELAND, representing We Care Austin, told the Council that they were in support of the recommendations and urged Council action on the recommendations as soon as possible. MS. NANCY BENE, representing the League of Women Voters, felt that the recommendations were very limited. She stated that the parks and the roads had to be looked at. Ms. Bene agreed that water quality qual was an important issue and that it was the only handle the City had at this point. She did feel that the Plan needed additional recommendations from other Boards and Commissions. _ CITY OF AUSTIN, TEXAS October 19, 1978 Dr. McReynolds stated that the Planning Commission considered only those policies directly related to water quality. She stated that this was about 13 of the remaining 40 policies. She stated that they have put off the other policies until a later time. Motion Councilmember Goodman moved that the Council close the public hearing, accept the report, and direct the Parks Board, the Urban Transportation Department and the Water and Wastewater Department to review the Plan and bring back a report as soon as possible. The motion, seconded by Mayor Pro Tem Cooke, carried by the following vote: Ayes: Councilmembers Himmelblau, Mullen, Snell, Trevino, Mayor McClellan, Mayor Pro Tem Cooke, Councilmember Goodman Noes: None Councilmember Goodman indicated that he wanted a message sent to the above mentioned departments stating that the Council wanted prompt consideration in the matter. Mayor Pro Tem Cooke felt that some of the points brought out by Mr. Ken Manning should be presented for consideration to the various departments that would be reviewing the Plan. PUBLIC HEARING ON PROPOSED AMENDMENTS TO CHAPTER 29 OF THE AUSTIN CITY CODE TO INCORPORATE THE LAKE AUSTIN INTERIM CONTROLS Mayor McClellan opened the public hearing scheduled for 8:00P.M. on the proposed amendments to Chapter 29 of the Austin City Code to incorporate the Lake Austin Imterim Controls. Mr. Charles Graves, Director of the Engineering Department, told the Council that Chapter 29 deals with tying together some of the current requirements and plugging some of the gaps that have transpired since entering the Lake Austin water shed. Mr. Graves pointed out that Chapter 29 is entitled Rivers, Lakes and Watercourses and includes what is called the Creek Ordinance. He stated that the Creek Ordinance also appears in Chapter 41 which is the Subdivision Ordinance. Mr. Graves indicated that the proposed amendment was drafted by representatives of several City departments including the Legal Department, Engineering, Environmental Resource Management and the Planning Departments. He stated that the purpose of it is to regulate certain development and construction activities within the Lake Austin water shed, which are not presently regulated by any existing Ordinances. Mr. Graves stated that the amendment deals most particularly with projects that are not part of a subdivision. He stated that there has been a problem that when a commercial type subdivision is received, the developers of the project do not know what the ultimate use will be of the tracts they are creating. Mr. Graves stated that the Ordinance speaks to what is going to be done with it. He stated that they can assume that nothing is going to be done because there is nothing planned for it and the City can approve the plats and then, at a later time, they sell the tracts and under the present Ordinance the City has no further authority to regulate authority to regulate what happens to them. October 19, 1978 CITY OF AUSTIN, TEXAS Mr. Graves stated that the Section 29 amendments would accomplish this requiring a site development permit in the Lake Austin water shed, outside of the city limits. He stated that it includes a number of things that deviate from the interim amendment, such as notification signs are to be placed on the property when an application has been filed, the permit is issued automatically in the event that the staff does not act on it within 20 working days, it has an appeal procedure similar to that of a special permit except that the appeal is made directly to the City Council, it carries permits fees of $50-100 depending on the amount of staff work required and the permit fees are attached to the application rather than to the permit. On the present Creek Ordinance permits, if it is determined that they cannot qualify for a permit after all of the work has been done, there is not a fee. Mr. Graves stated that the amendments also provide penalties for violations and prohibits the connection of utilities in case of non-compliance. In response to a question from Mayor Pro Tem Cooke, Mr. Graves stated that this Ordinance was the one the Council reviewed in June. He stated that there have been some adjustments since that time and that it has been before both the Planning Commission and the Environmental Board. He stated that staff has also made some subsequent comments. Mr. Graves stated that one of the problems at the time was residential and duplexes, and that this would not only be unnecessary but a very costly thing to enforce, so they have been exempted in the Ordinance as it is now proposed. Deputy City Manager Homer Reed stated that staff had prepared a fiscal impact statement which they could present at the Council's discretion. Ms. Lee Thompson, Assistant Director of the Research and Budget Department, told the Council that in order for them to be able to enforce the Ordinance they prepared a fiscal note which would include adding an engineering assistant and a construction inspector I to the staff at this time. She stated that the administrative and capital costs would total to $36,992 in the first year. Ms. Thompson indicated that a third staff member would probably be necessary in the second year which would bring the five year total up to about $300,000. She stated that the water quality monitoring could be achieved with the addition of an engineering assistant and that the associated capital and operating costs would total $24,961 in the first year. Ms. Thompson stated that at this point they can foresee maintaining this staffing level over a five year period for a cost of $135,709. Mr. Reed pointed out that adoption of the alternative would require that Council adopt a requirement that the consulting engineer for the developer give the Engineering Department a certification after the project is completed that the project was completed in accordance with the plans and specifications. Engineering Departmer Mr. Graves stated that they did not know how many such permits are going to be applied for in a given period of time. He stated that if they adopt the alternative, this would mean that the developer's engineer will provide the certification to the City. Mr. Graves stated that they tried to estimate the level of activity and they think that it will bring in about $10,000, but that this was mostly speculation because there have been no permits for this type of work in the past. - CITY OF AUSTIN, TEXAS October 19, 1978 Counci Imember Himmelblau indicated that she had not had adequate time to review the proposed amendments and wanted to postpone the matter to a later date. Mayor Pro Tem Cooke felt that the work that has been done thus far had stronger implications then when the porposal first came before the Council. He stated that he would be willing to defer the matter for fiscal reasons but that he was in favor of it. Councilmember Himmelblau commented that she wanted materials at least 48 hours before having to take action on it. Motion Councilmember Goodman moved that the Council close the public hearing and postpone the matter until November 2, 1978. The motion, seconded by Mayor Pro Tem Cooke, carried by the following vote: Ayes: Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau Noes: None ALCOHOL COUNSELING SERVICES Mayor McClellan, at the request of Judge Alberto Garcia, introduced an item concerning intergovernmental agreement between the City of Austin and Travis County for Alcohol Counseling Services. Motion Councilmember Trevino moved that the Council approve the intergovernmental agreement between the City of Austin and Travis County for Alcohol Counseling Services. and being back in ordinance form in two weeks. The motion was seconded by Councilmember Goodman. Mayor McClellan informed Council that they had received a letter from Judge Garcia relative to this. She said the proposal speaks to 300 possible cases. Judge Garcia appeared before Council and told them that today they have 128 on a calendar year as of September 30...people that have successfully completed the program. He said they still have several in the program. The Mayor asked if they would be funded on a case by case basis, and not a lump sum. The judge said it is proposed there will be 350 cases on an annual cost of approximately $31,000 with the understanding that any clients over 350... The Mayor said it was her understanding they were talking about contracting on a case by case basis. The judge answered, "I think we are looking at 350 people on an annual basis. If we are below that the contract would be less, if there are more it would be on a no charge basis." Mr. Homer Reed stated, "The staff that reviewed the present contract that is expiring indicates that we have 170 cases on the contract period. That's more than just this year to date. So we have some difficulty in understanding the 350 figure." A man who did not identify himself answered, "That 350 figure, we're basing it on the fact that for that $31,000, if we have less then that, it - CITY OF AUSTIN, TEXAS October 19, 1978 would be...we're prorating that we're seeing a client on the basis of 27 clients per hour." Councilmember Himmelblau stated, "There are a lot of Federal funds because I saw this match come through CAPCO as far as Federal funds flowing into this program. So certainly the city should have some benefit of these funds." The man continued that "they do have benefit of these funds, ma'am. May I continue, I was saying we are giving a maximum figure of 350 clients, each client receiving 17 hours. If he receives less we will prorate that cost at whatever is the per hour basis. We will only charge for the actual people who have been seen." Judge Garcia said he understood there are no Federal funds for alcoholic counseling. There are no funds that involved for Class A misdemeanors. There are funds for specific programs, but do not involve the kind of people they are talking about for this." The unidentified man said that this program is funded entirely through local funds. He said that "at the city jail they are going 7 days a week and the money is to place clients on an in-patient sentence with a maximum of 15% as far as public intoxicants and we have to go on that ration." The judge said that the misdemeanors being served are not helped by any other organization. If the funding is stopped these people will be placed back into the community with no service being provided to them at all and so they will see the people repeatedly in the penal system. Probably they will be there with more severe problems such as DWI's, collisions, property damages, and other crimes relating to alcoholism. Alcoholism is the number one crime now, more so than drugs. I wholeheartedly support the program. ...The $31,000 figure is on a fiscal year basis. The funding to date had been done on a calendar year. We do have funds to run through December 31, so if we want to fund on a calendar year we will be talking about a nine month period rather than a 12 month period." ... Mr. Reed said, "For our guidance in drawing up a proposed contract, do I understand that the city would be billed at approximately $90.00 each monthly on the basis of the number of people?" He was told that the city would be billed at the number of meetings attended per client. Councilmember Himmelblau asked if the clients could pay any of this themselves. The Judge answered that there may be some that can, but most of the clients are in the low socioeconomic group and can reach the Mexican-American and Black community. He said "part of the leverage we use with them is that the program does not cost and we are able to dismiss charges against them under an agreement with the City Attorneys office and the Austin Police Department." Councilmember Himmelblau asked, "Of the people that go through the program, how many do you see again in court?" Judge Garcia said that "we are working with two groups, one of them is the younger that we very seldom see back in court. We also help with the chronic alcoholics to try to get them into rehabilitation. ... A lot of the people never report to our program. They give us the wrong address and we have to hunt them down. They are the ones that will be back again." Mr. Harris, City Attorney, asked, "The $31,000 you are asking for, is that scheduled to give operating funds for the year beginning this beginning January 1 through December of next year? Did you say that if we wanted to get it back on the City of Austin's fiscal year we could fund it from January to October?" The Judge answered yes. CITY OF AUSTIN, TEXAS October 19, 1978 Friendly Amendment Councilmember Goodman offered a friendly amendment that this be brought back in ordinance form in two weeks, with a contract. Councilmember Trevino accepted the friendly amendment. Roll Call On Motion With Friendly Amendment Roll Call on motion with friendly amendment showed the following vote: Ayes: Councilmembers Snell, Trevino, Mayor McClellan, Mayor Pro Tem Noes: Cooke, Councilmembers Goodman, Himmelblau Councilmember Mullen PADDLE WHEEL BOAT The Council had before it for consideration a resolution to consider approval of a revised contract between Captain J. Bagley and the City of Austin for operation of a paddle wheel boat on Town Lake for excursion and cater- ing purposes. Mayor McClellan said the boat is now operating out of the Ramada Inn and both she and Councilmember Goodman said they wanted to know how this had happened without Council approval. (Operation from Christie's Restaurant had been approved earlier in the year.) Mr. Ehler, Director of Parks and Recreation, told Council that the Finance Department has informed us that to date Captain Bagley has paid the City of Austin total of $2,191.57, which is 5% of the gross in accordance with the terms of his contract. Captain Bagley contacted Bob Delaney, finance officer in Parks and Recreation, on October 18, 1978 in response to a letter from Michael Segrest, and Captain Bagley informed Mr. Delaney he had 3 more chartered excursions to make before he docked for the season and would submit payment due under the contract to the Parks and Recreation Department, within 10 days after completion of the last chartered trip. Council wanted to know why the Captain was no longer operating his boat from Christie's and he said that he is better served at the Ramada. The Mayor wanted to know why the Council was not notified of the change. Mr. Reed asked Mr. Ehler if he knew if the contract provided for procedure of notification of change of location. Mr. Ehler answered that the contract had to be rewritten that spoke to the partnership being dissolved and he assumed it had to be checked through the city legal department. Mr. Harris said he recalled that a letter came to him concerning this. Mayor McClellan said she wanted to make the point that she wanted to be informed of changes. Councilmember Himmelblau said she agrees. Mr. Reed said they would re-check their procedures because the City Manager's office did not know the change in contract, either. October 19, 1978 CITY OF AUSTIN. TEXAS Motion Counci Imember Himmelblau moved that the Council adopt a resolution to approve the revised contract between Captain J. Bagley and the City of Austin for operation of a paddle wheel boat on Town Lake for excursion and catering purposes. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Councilmembers Trevino, Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen Noes: None Not in Council Chamber when roll was called: Councilmember Snell Mayor Pro Tem Cooke said he concurs on any contract modifications and thinks Mr. Bagley's boat has made a delightful addition to summertime in Austin. APPROACH MAIN POLICIES Councilmember Goodman moved that the Council adopt a resolution to approve the revised Approach Main Policies with an amendment that those approach mains under 500' can be placed back into a standard review process by the authority of the Planning Department, Environmental Resource Department and Water and Wastewater Department, instead of exempting them. The motion was seconded by Councilmember Trevino. Curtis Johnson, Director of Water and Wastewater, said he thought that this was already implied in the policy, but it should be clarified in that "if each of the three directors did not concur, then it would go back and follow the normal process....is this what you said Councilman?" Mr. Goodman answered it is. Roll Call on Motion Roll Call on the above motion showed the following vote: Ayes: Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino Noes: None PROMOTION OF TOURISM & CONVENTIONS Council had before it for consideration a contract for the promotion of tourism and conventions between the City of Austin and the Mexican-American Chamber of Commerce. (Requested funding level: $67,092.) Councilmember Mullen made a recommendation that this budget be dropped by $3,500 to $63,592 and come back with an amendment to take the $3,500 and put it into the Creative Rapid Learning Center. Thereby they would not be affecting their ending balance, but would be funding the project they all are interested in. CITY OF AUSTIN, TEXAS October 19, 1978. Joe Liro, Asst. City Manager, told Council that the money they are talking about is hotel-motel tax money and the law will not allow them to spend the money for the project. Motion Councilmember Mullen moved that the Council adopt a resolution to have a contract for the promotion of tourism and conventions between the City of Austin and the Mexican-American Chamber of Commerce. The motion, seconded by Mayor Pro Tem Cooke, carried by the following vote: Mayor Pro Tem Cooke, Councilmember Goodman, Himmelblau, Mullen, Snell, Trevino, Mayor McClellan Ayes: Noes: None Mayor Pro Tem Cooke requested the staff to work with this and report on its progress in six months. AGENDA ITEM POSTPONED A resolution for consideration of options for administrative costs of CETA Title VI subcontractors was postponed until November 2, 1978. COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET AMENDMENTS The Council had before it for consideration an amendment to the Community Development Block Grant Budget for the first, second and third program years. Mayor Pro Tem Cooke said that some Council about three years ago passed a recommendation that a historic revolving loan fund be created, using community development block money out of the first year. HUD disavowed that and it stood in limbo for three years. In the fourth year funding that has now been approved that we can do that, the recommendation has been deliberated although it has been said that HUD can be called to see if any consideration can be given because it was the intent of the City Council to do this. Mr. Cooke said he understood HUD would not grant that, and therefore, now that Congress has approved the concept it can be taken out of fourth year funding. He said his concern and disappointment has been that the staff, as they presented the various options and as things went through the community based process and the citizen process, they knew much better than we did that the $135,000.00 was sitting and that it could be considered in fourth year funding, yet it got no deliberation until such time that the final request had been approved and submitted to HUD. Now they come back and want to make amendments. Mr. Cooke said he can appreciate the cost overruns for the South Austin Multipurpose Center and he is all for funding that, but he thinks Council should have been made aware of this and Council and community based process should have considered the fact that they were going to be able to use the fourth year funding and should have been considered in the initial process and not now. For now, he said, their only option is to take it out of contingency funds. October 19, 1978 _ CITY OF AUSTIN, TEXAS Councilmember Himmelblau asked how soon these things are needed. Mayor Pro Tem Cooke said there was a cost overrun of $494,680 on the South Austin Multipurpose Center. Mrs. Himmelblau asked where we are with the other projects, "we haven't had an update to see how far along we are, all we see is close out costs." Mr, Reed told her that "we do need the appropriation for the South Austin Center tonight. If you want to defer every- thing else except the South Austin Center in the appropriation, we could come back later if you wish with that." Mayor McClellan introduced the following ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 780925-A, ANNUAL BUDGET ORDINANCE FOR FISCAL YEAR 1978-79, AND THE 1978-83 CAPITAL IMPROVEMENTS PROGRAM, ORDINANCE NO. 780925-B, BY APPROPRIATING FIRST, SECOND, AND THIRD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHICH HAVE NOT BEEN EXPENDED, INCLUDING CONTINGENCY FUNDS AND ALLOCATING THESE FUNDS TO PROJECTS CONTAINED IN THE 1978-83 CAPITAL IMPROVEMENTS PROGRAM; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE (3) SEPARATE DAYS; AND DECLARING AN EMERGENCY. Councilmember Goodman noved that the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance. The motion, seconded by Councilmember Trevino, carried by the following vote: Ayes: Councilmembers Himmelblau, Mullen, Snell, Trevino, Mayor McClellan, Mayor Pro Tem Cooke, Councilmember Goodman Noes: None Friendly Amendment Mayor Pro Tem Cooke stated: "I'd like to add an amendment that, I hear what the staff is saying, that we can't use that $135,000 because it's in first year HCD funding and that Congress had not allocated it to be used for that kind of a process in that year, but now they can in the fourth year, and I'd just like to hear a proposal come back from staff on how to implement this particular fund that was voted on four years ago, and implement it in such a way that it would have people overseeing it that could get it under way, and get it under way in such a manner that any loans that were made were loans that had a good chance of paying the fund back so it could be a revolving fund. Councilmembers Goodman and Trevino accepted his friendly amendment. Roll Call on Motion With Friendly Amendment Roll Call on Motion with friendly amendment showed the following vote: Ayes: Councilmembers Himmelblau, Mullen, Snell, Trevino, Mayor McClellan, Mayor Pro Tem Cooke, Councilmember Goodman Noes: None • October 19,1978 ☐ CITY OF AUSTIN, TEXAS ing. AID TO VICTIMS IN DISTRESS PROGRAM Mayor McClellan brought up the following ordinance for its first readAN ORDINANCE AMENDING ORDINANCE NO. 780925-A, ANNUAL BUDGET ORDINANCE FOR FIS- CAL YEAR 1978-79, BY APPROPRIATING FUNDS FROM THE 1978-79 GENERAL FUND ENDING BALANCE FOR OPERATING EXPENSES ASSOCIATED WITH A PREVIOUS TITLE VI COMPREHENSIVE EMPLOYMENT AND TRAINING ACT GRANT TO THE AID TO VICTIMS IN DISTRESS (AVID) PROGRAM: PROVIDING FOR AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The ordinance was read the first time, and Councilmember Trevino moved that the ordinance be passed to its second reading. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Councilmembers Snell, Trevino, Mayor McClellan, Councilmember Goodman Noes: Councilmember Mullen, Mayor Pro Tem Cooke, Councilmember Himmelblau The Mayor announced that the ordinance has been passed through its first reading only. The Council agreed to bring the item back in two weeks for second reading of the Ordinance. Ms. Barbara Slaughter, Acting Director of the Texas Council on Crime and Delinquency, introduced herself to the Council. ZONING CONSIDERATIONS The Council had before it for consideration, directing the City staff to initiate permanent zoning proceedings concurrently with the annexation of property to the City or within 45 days thereafter, and directing the City Attorney to prepare proposed State Legislation which will provide petition in all zoning cases. Councilmember Himmelblau recommended setting a date for the staff to return to the Council. City Attorney Jerry Harris indicated that he could come back with a draft of the proposed State Legislation next week. Councilmember Himmelblau asked how long it would take the Planning Department to start work. Mr. Thomas Knickerbocker of the Planning Department stated that they could not do much with retroactive zoning cases but that all new ones would come under the proposed policy. He stated that they would bring the Council a zoning plan with the annexation request. Once the annexation is approved by the Council, the matter would then be referred back to the Planning Commission for hearings. Mr. Knickerbocker indicated that this would be about a 30 day process. In relation to zoning petition rights, Councilmember Goodman indicated that he wanted some sort of definitive judgement as to what the City of Garland, Texas did in its particular zoning case where a blanket zoning of Agricultural was rendered. Mr. Knickerbocker stated that a problem would occur if one of the property owners did not like what was proposed for his property and petitioned against it. October 19, 1978 =CITY OF AUSTIN, TEXAS • Motion Councilmember Himmelblau moved that the Council direct the City staff to initiate permanent zoning proceedings concurrently with annexation of property to the City or within 45 days thereafter, and to direct the City Attor- ney to prepare proposed State Legislation which will provide petition rights in all zoning cases. The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Councilmember Trevino, Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen Noes: None Not in Council Chamber when roll was called: Councilmember Snell COUNCIL MEETINGS The Council, after some discussion, determined the date of November 2, 1978, and November 9, 1978, as meetings dates at which the full Council would be present. MANPOWER REPORT The Council accepted the Manpower Report from Ms. Jackie Williams. ADJOURNMENT The Council then adjourned at 11:55 Ρ.Μ. APPROVED C Mayor ATTEST: Grace Monise City Clerk