CITY OF AUSTIN, TEXAS- MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting December 21, 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 Goodman, Himmelblau, Mullen, Snell, Trevino Absent: None The Invocation was delivered by Reverend Ray Burchette, Highland Park Baptist Church. CONNECTICUT COUNCILMAN RECOGNIZED Councilmember Trevino, at Mayor McClellan's request, presented Councilmember Gertrude Stone of Killingly, Connecticut with a Certificate of Honorary Citizenship in the City of Austin. Ms. Stone accepted the Certificate and expressed her delight and appreciation. KITTY O'NEIL DAY December 27, 1978, was proclaimed by Mayor McClellan to be Kitty O'Neil Day in honor of the woman who has overcome her handicap of deafness to become Hollywood's number one stuntwoman. The proclamation was accepted for Miss O'Neil by Abel R. Ruiz. PARK LAND GIVEN TO CITY BY BILL MILBURN Mayor McClellan read a resolution, signed by all members of the City CITY OF AUSTIN, TEXAS December 21, 1978 Council, which included the following: "WHEREAS, the Bill Milburn Company has donated 3.716 acres of such land (parks) located in the Horseshoe Bend area near Barton Creek greenbelt, to the City of Austin. Now, therefore, be it resolved by the City Council of the City of Austin, Texas, that Bill Milburn has demonstrated outstanding generosity in making this gift, and we call on all citizens to join us in recognizing his contribution as an unselfish concern for future generations, that they may enjoy the natural environment and open spaces of this area for all time to come." Mayor McClellan stated that the entire Council and city is most appreciative of Mr. Milburn's generosity. Councilmember Goodman told Council and the Mayor that Mr. Milburn had notified them that he could not appear to accept the resolution, but, Mr. Goodman pointed out, the fact that all the Council's signatures are on the resolution shows that they are appreciative of his generosity. Mayor McClellan said that the resolution will be delivered to Mr. Milburn. PARKS & RECREATION BOARD RECOMMENDATION The Parks and Recreation Board recommended acceptance of 3.716 acres of land in the Horseshoe Bend area from Mr. Bill Milburn. By resolution, signed by all Councilmembers, Council accepted the land. Appointments BOARDS & COMMISSIONS Building Standards Commission Councilmember Snell moved that the Council appoint the following people to the Building Standards Commission: John Harms, interested citizen, to 6-1-79; Steve Brown, realtor position, and Mayo Stewart, social worker, terms to expire 6-1-80. 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 Vending Commission Councilmember Himmelblau moved that the Council appoint Angela B. Licht to the Vending Commission; term to expire 6/1/80. The motion, seconded by Mayor Pro Tem Cooke, carried by the following vote: Ayes: Councilmembers Goodman, Himmelblau, Snell, Trevino, Mayor Noes: McClellan, Mayor Pro Tem Cooke None Not in Council Chambers when roll was called: Councilmember Mullen CITY OF AUSTIN, TEXAS.. December 21, 1978 Community Development Commission Councilmember Himmelblau moved that the Council appoint Carl Siegenthaler to a term on the Community Development Commission which will expire 3/1/80. 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 Wrecker Standards Commission Councilmember Goodman moved that the Council appoint Joseph F. Migliaccio, Robert Forrester, Dillard W. Vickers and Carl Pettus to the Wrecker Standards Commission. They will draw for terms. 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 Commission on the Status of Women Councilmember Snell moved that the Council appoint Patricia Anderson to the Commission on the Status of Women; term to expire 6/30/80. The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Councilmembers Snell, Trevino, Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen Noes: None Building Code Board of Appeals Councilmember Trevino moved that the Council appoint Dick Jordan to the Building Code Board of Appeals; term to expire 7/1/80. The motion, seconded by Mayor Pro Tem Cooke, carried by the following vote: Ayes: Councilmember Trevino, Mayor McClellan, Mayor Pro Tem Cooke, Noces Councilmembers Goodman, Himmelblau, Mullen, Snell Noes: Nove Future Appointments Mayor McClellan announced that at the next meeting, January 4, 1979, the following appointments will be made, in addition to those previously announced: MH/MR 1; Wrecker Standards Commission, 4; Medical Assistance Advisory Committee, 3 consumers; Construction Advisory Committee, 4; Human Relations Commission, 7; Dental Health Advisory Committee, 2; On-Going of Goals Committee, 6; Elisabet Ney Museum, 3; MH/MR Public Responsibility Committee, 3. _CITY OF AUSTIN. TEXAS December 21, 1978 MINUTES APPROVED Mayor Pro Tem Cooke moved that the Council approve the Minutes for December 14, 1978 and Special Meeting of December 15, 1978. The motion, seconded by Councilmember Himmelblau, carried by the following vote: Ayes: Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino Noes: None ENERGY CONSERVATION COMMISSION REPORT PULLED Mayor McClellan announced that the Energy Conservation Commission's reports on (a.) Changing the name of the Energy Conservation Commission to Energy Resources and Conservation Commission; and (b.) Creation of Renewable Energy Resources Ad-Hoc Subcommittees, are pulled from the agenda. EASEMENTS Councilmember Himmelblau moved that the Council adopt a resolution to authorize release of the following easements: The Blanket Public Utility and Drainage Easements which were retained when the City vacated a portion of Riverside Drive right-of-way at Parker Lane and a portion of Arena Drive right-of-way at Riverside Drive by Ordinance No. 770804-C, as recorded in Volume 5935, Page 2184 of the Deed Records of Travis County, Texas. (Requested (Requested by Mr. Ralph Daugherty, attorney, representing Gulf Oil Corporation and Discovery Properties, Inc.) The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino Noes: None LICENSE AGREEMENT Councilmember Himmelblau moved that the Council adopt a resolution to authorize a License Agreement to landscape and install an underground sprinkler system in the West 35th Street Right-of-Way fronting Perlitz Townhouse Addition. The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino Noes: None CITY OF AUSTIN, TEXAS December 21, 1978 CONTRACTS APPROVED Councilmember Himmelblau moved that the Council adopt a resolution to approve the following contract: ROBERT C. GRAY CONSTRUCTION CO. P.O. Box 9442 Austin, Texas - CAPITAL IMPROVEMENTS PROGRAM Paving and Drainage Improvements to Spicewood Springs Road Phase 1-A North Route from Baywood Drive to Woodhollow Drive and Waterline Improvements for West Austin Water Transmission Main $382,001.84 C.I.P. Nos. 73/40-04 & 73/62-23 The motion, seconded by Counci Imember Goodman,carried by the following vote: Ayes: Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino Noes: None Councilmember Himmelblau moved that the Council adopt a resolution to approve the following contract: BAKER & TAYLOR COMPANIES 12860 Hillcrest, Suite 110 Dallas, Texas Books (Adult & Juvenile), Austin Public Libraries. Five year supply Agreement. Item 1 $1,250,000 (est. $250,000/yr.) - The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino Noes: None Councilmember Himmelblau moved that the Council adopt a resolution to approve the following contract: CHECKPOINT OF THE SOUTHWEST, INC. 2659 Gravel Street Ft. Worth, Texas - Theft Detection System for Library Department. Item 1 $24,217.00 The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino Noes: None CITY OF AUSTIN, TEXAS December 21, 1978 Councilmember Himmelblau moved that the Council adopt a resolution to approve the following contract: GENERAL ELECTRIC COMPANY 555 No. Lamar Blvd., Suite #L-101 Austin, Texas Mobile Radios, Vehicle & Equipment Services, Radio Communications Item 1 11 ea. @ $1,513.00 Total $16,643.00 The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino Noes: None Councilmember Himmelblau moved that the Council adopt a resolution to approve the following contract: PHOTO PROCESSORS, INC. 909 Congress Avenue Austin, Texas Film Processing and Printing, Public Information Department All items $7,906.65 The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino Noes: None Councilmember Himmelblau moved that the Council adopt a resolution to approve the following contract: MAGNAFLUX CORPORATION 6115 Denton Drive Dallas, Texas Testing Equipment including acces- essories, Electric Utility Department Production Division. Items Nos. 1 thru 13 $7,372.70 - The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino Noes: None Councilmember Himmelblau moved that the Council adopt a resolution to approve the following contract: WESTINGHOUSE ELECTRIC CORP. 201 N. St. Mary's Street San Antonio, Texas CAPITAL IMPROVEMENTS PROGRAM 480 MVA Autotransformers, Electric Department. Item 1 - $1,167,113.00 C.I.P. No. 77/35-05 _ CITY OF AUSTIN, TEXAS December 21, 1978 The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino Noes: None Councilmember Himmelblau moved that the Council adopt a resolution to approve the following contract: POWER ENTERPRISES, INC. c/o Len T. Deloney Co. 1425 Blalock Drive Houston, Texas CAPITAL IMPROVEMENTS PROGRAM Design and Fabrication of Galvanized Steel Structures, Electric Department. Items 1 thru 9 $390,561.00 The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino Noes: None Councilmember Himmelblau moved that the Council adopt a resolution to approve the following contract: TECHLINE, INC. 8750 Shoal Creek Austin, Texas - Twenty (20) 345 KV, 2000 Amp, Air Switches, Electric Department. Items 1 & 2 - 20 ea. @ $5,016.00 Total $100,320.00 The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino Noes: None December 21, 1978 CITY OF AUSTIN, TEXAS Councilmember Himmelblau moved that the Council adopt a resolution to approve the following contract: AUSTIN CONCRETE WORKS 801 Airport Boulevard Austin, Texas - Concrete Product Requirements, Street & Bridge & Water & Wastewater Department. Items 1-63 Estimated total $202,747.08 The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino Noes: None Councilmember Himmelblau moved that the Council adopt a resolution to approve the following contract: CRAVEN ASSOCIATES, INC. 10209 Plano Road Dallas, Texas Electric Valve Operators, Water & Wastewater Department. Items 1 thru 5 $19,822.00 The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino Noes: None -CITY OF AUSTIN, TEXAS December 21, 1978 Councilmember Himmelblau moved that the Council adopt a resolution to approve the following contract: DALMARK, INC. 4424 Brandt Road Austin, Texas CAPITAL IMPROVEMENTS PROGRAM Construction of approximately 775 feet of 8 inch wastewater main in Old U.S. Highway 183 C.I.P. No. 73/50-02 $32,475.00 The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino Noes: None TRANSMISSION LINES Councilmember Himmelblau moved that the Council adopt a resolution to authorize a Change Order to Power Constructors, Inc., in the amount of $16,049.29 for 345 KV Transmission Line, Fayette Power Project to Austrop Substation. CAPITAL IMPROVEMENTS PROGRAM No. 77/15-03. The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino Noes: None EASEMENT AMENDMENT Council member Himmelblau moved that the Council adopt a resolution to authorize an amendment to the easement from the Lewis Group to the City of Austin and the other participants in the South Texas Nuclear Project. The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Noes: Himmelblau, Mullen, Snell, Trevino Councilmember Goodman WALNUT CREEK DISTRICT PARK Councilmember Himmelblau moved that the Council adopt a resolution to approve submission of an application to the Heritage Conservation and Recreation Service for a 50/50 matching grant in the amount of $437,675.00 for devel- opment of the Walnut Creek District Park. The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino Noes: None CITY OF AUSTIN, TEXAS December 21, 1978 BLACKSHEAR PROJECT Councilmember Himmelblau moved that the Council adopt a resolution to approve the disposition of Parcel R-8-6 to Estelle Banks, Blackshear Project, Tex. A-11-2 for $2,100.00. The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino Noes: None CETA TITLE III YOUTH CONSERVATION & IMPROVEMENT PROJECTS Councilmember Himmelblau moved that the Council adopt a resolution to contract with the Austin Area Urban League, Inc., in the amount of $53,100 for the period December 18, 1978 to September 30, 1979, and SER Jobs for Progress, Inc. in the amount of $35,328 for the period January 1, 1979 to September 30, 1979, under the CETA Title III Youth Conservation and Improvements Projects. The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino Noes: None WRECKER ORDINANCE AMENDED Mayor McClellan introduced the following ordinance: AN ORDINANCE AMENDING SECTION 34-113(d) (2) OF ARTICLE VI OF CHAPTER 34 OF THE AUSTIN CITY CODE BY REDUCING THE MINIMUM GROSS VEHICLE WEIGHT OF CATEGORY B WRECKERS FROM 28,500 POUNDS TO 24,000 POUNDS; SUSPENDING THE RULE REQUIRING THAT ORDINANCES BE READ 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 Councilmember Snell, carried by the following vote: Ayes: Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino, Mayor McClellan Noes: None The Mayor announced that the ordinance had been finally passed. CITY OF AUSTIN, TEXAS December 21, 1978 MUNICIPAL ELECTION JANUARY 20, 1979 Mayor McClellan introduced the following ordinance: AN ORDINANCE APPOINTING ELECTION OFFICIALS TO CONDUCT THE SPECIAL MUNICIPAL ELECTION TO BE HELD JANUARY 20, 1979; PROVIDING COMPENSATION FOR THE ELECTION OFFICIALS; DESIGNATING THE UTILIZATION OF AN ELECTRONIC VOTING SYSTEM FOR SAID ELECTION; DESIGNATING A CENTRAL COUNTING STATION FOR SAID ELECTION; ESTABLISHING A DATE FOR A PRECOUNT TEST OF THE AUTOMATIC TABULATING EQUIPMENT; PROVIDING NOTICE OF SAME; DIRECTING THAT AN INSTRUCTION SCHOOL FOR ELECTION OFFICERS SHALL BE CONDUCTED; PROVIDING NOTICE OF SAME; PROVIDING FOR SUCH OTHER ASPECTS AS ARE INCIDENT AND RELATED TO THE PURPOSE OF THIS ORDINANCE; SUSPENDING THE RULE REQUIRING THE READING OF AN ORDINANCE ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. Counci Imember Goodman moved that the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance. The motion, seconded by Councilmember Snell, carried by the following vote: Ayes: Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino, Mayor McClellan Noes: None The Mayor announced that the ordinance had been finally passed. FONTAINE ESTATE Reverend I.J. Fontaine appeared before Council, representing Fontaine Estate, to discuss the possibility of Urban Renewal's purchase of two tracts of land located at 1614 and 1616 East 10th Street in the Blackshear District. Reverend Fontaine presented to Council copies of correspondence concerning the land. He told Council that Urban Renewal voted not to buy the land "although they have almost all of the land in this area sold, leaving us mostly a jungle of vacant land; all we ask is that they complete what they have started in this area, we will be willing to accept already made appraisals with proper relocation benefits. Locations, 1614 East 10th Street, 1616 East 10th Street, and 1005 Concho Street." MR. JOHN BLAIR, Acting Director of the Urban Renewal Board, appeared before Council to state that the land in question had been appraised in 1972 and the offer to purchase the land had been declined by the Fontaine family. At the meeting of the Board on November 7, 1978, members present unanimously voted not to buy the land. Reverend Fontaine felt the Board voted on more than was requested. Bob Noton, Urban Renewal Department, stated the Board knew what they were voting on and all parties were present. Mr. Blair went on to say that there are not acquisition funds in CDBG for purchase of the land at this time, and that it is no longer necessary to complete the original goal of the plan as set forth in 1972. After further deliberation, Councilmember Snell asked what could be done, and then made the following motion: CITY OF AUSTIN, TEXAS December 21, 1978 Motion Councilmember Snell moved that the City Staff do a feasilility study on the lots in the Fontaine Estate. The motion was seconded by Councilmember Goodman. Councilmember Himmelblau asked if this is City or Urban Renewal business. Mr. Homer Reed, Deputy City Manager, told her it is both. Mayor Pro Tem Cooke said that the Urban Renewal Board may want to look at this as an individual action. Friendly Amendment Mayor Pro Tem Cooke offered a friendly amendment to send this back to the Urban Renewal Board after the staff feasibility study. His friendly amendment was accepted. Councilmember Mullen said he hoped the Board would know Council is asking for a review, not necessarily a change of vote. Mr. Blair said they would be happy to discuss it in their meeting. Roll Call on Motion with Friendly Amendment Roll Call on motion with friendly amendment, showed the following vote: Ayes: Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino, Mayor McClellan, Mayor Pro Tem Cooke Noes: None CITIZEN COMMUNICATION POSTPONED MR. LEROY LANGE, who requested to appear under Citizens Communications for approval of preliminary plat on the Thoroughbred Estates Subdivision, postponed his appearance until January 11, 1979. PERSONNEL RELATED MATTERS DISCUSSED MR. LARRY T. HILL, Business Agent, American Federation of State, County and Municipal Employees, AFL-CIO requested to appear before Council to discuss personnel related matters. He said that his staff representative, Mr. Charlie Timms would address their concerns. Mr. Timms addressed Council as follows: "How many personnel manuals does this city operate under? From what we have observed we believe there are two. One policy for City management and a separate policy for City Employees. We have found that the majority of policies effecting the morale of City Employees have been amended by City Staff to suit City Management. Violations range from theft all the way to undue influence of our Grievance Board. In recent weeks we have been given evidence to this effect. C.H. Sandel, Supervisor II with the Electric Department, was accused CITY OF AUSTIN, TEXAS December 21, 1978. by City employees working under him of taking material for personal use and inappropriate use of of city facilities, equipment and time. In an article in the American Statesman dated August 4, 1978, Sandel admitted using city equipment on a private job. In another article dated August 8, 1978, R.L. Hancock said of the allegation against Sandel, "there's no doubt these incidents happened. The question is, how serious an implication is involved." Finally, Sandel sent a check to the City of Austin for $41.50 as restitution for welding and aluminum pipe belonging to the City. From this, I can only conclude that C.H. Sandel was guilty as charged. Let me read to you a section on page 39 of the City's Personnel Policy Manual. "The following offenses will be grounds for immediate dismassal: theft, willful damage and/or unauthorized use of city property." Out of all this comes only one thing. The City's other personnel policy manual. On page 39, it reads, "it is perfectly all right to steal from the City, but if you are caught you must pay for what you have stolen. You can believe one thing about this. By allowing Mr. Sandel to do what he did we are setting a very negative precedent for the future. I consider this very important. It's not the only incident we have. Mike Segrest, Acting Director of Parks and Recreation Department, knowingly and deliberately submitted false information to the Grievance Board and built his case around this for terminating a City employee. The Personnel Manual says: "The following offenses will be grounds for immediate dismissal. Falsification of official City records." There is nepotism in the Respiratory Therapy Department of Bracken- ridge Hospital. The Policy Manual states: "The City Manager shall not approve the appointment to any supervisor's work group any person who is related within the second degree to that supervisor, nor shall the appointment of any im- mediate member of that family or any department head be approved unless the City Manager shall determine the necessity thereof because of the lack of qualified applicants for such position." sition." There is a three-day suspension of a Brackenridge employee for giving her opinion when asked. Is giving an opinion when requested insubordination?...... The refusal to withdraw Joe Lockwood's resig signation at his request within the 48 hour time limit. The manual states: "Any employee submitting his resignation has 48 hours within which to reconsider and reserves the right to withdraw the resignation within this time limit." ...How can Eunice Clark, supervisor at Brackenridge, have a standing Thursday beauty appointment as comp time when other city employees have no choice as to how they will be paid overtime compensation. We question the participation of Clay Strange and Floyd Bermea in the deliberation of the Grievance Board after all evidence has been submitted. We feel that when the Grievance Board is making their decision on a case it should be the seven elected City employees on the Board who make the decision without undue influence from the two management personnel." Mayor Pro Tem Cooke stated, "I'd like to make one comment here for the record. I do feel like your point is well taken, and that is, I feel like if the Grievance Committee is going to sit and deliberate they should have the advice of counsel, and that would be legal staff, as we have the advice of counsel. I don't feel they should deliberate and make suggestions and be particpating in the process, but I do think they should be available to advise the Council if they may be about to make a position or a policy statement as it relates to Grievance that could maybe influence in a legal manner that committee CITY OF AUSTIN, TEXAS - December 21, 1978 and the City of Austin, just as our legal counsel sits with us. That's the point I would like to make." Councilmember Goodman said, "When we want to meet without the City Attorney we always have that option and we exercise it. Is it a part of their operating procedure to have the attorneys present all the time?" City Attorney Harris stated, "Let me clarify one point, and this can be amended, but those two persons happen to be on city staff and under the grievance policy procedures they are non-voting members of the Grievance Committee. We can change that. Mr. Strange does not usually represent anybody down there. The depart need to be non-voting members of the Board, we can certainly change that, but they are there as Board members. They are not there as the City Attorney or someone else. We can address that if you care to." Strange departments usually represent themselves, but if they don't Mr. Hill said that what they are asking for is when all the facts are in and the Grievance Committee goes behind closed doors to deliberate on the fate of that employee, it is not fair to that employee to have Mr. Strange or Mr. Bermea actually participate in deliberation of that employee. When they are called upon for legal advice it is all right, but when they are not called upon they should not be there deliberating with them. Mayor McClellan said, as Mr. Harris had pointed out, perhaps the personnel policy should be amended. Mr. Harris told Council that he would be glad to work on this with Mr. Flakes, Director of Personnel, and come back to Council with a report. Mayor Pro Tem Cooke said he did not want to give the impression that City Council does not want representatives on the Grievance Board from legal and personnel to not say anything and therefore they would be reluctant to say something at a time when they should say something about the legal or personnel implications of a policy that they may be going to vote on. Mr. Homer Reed, Deputy City Manager, commented that the grievance procedure has been one of the more successful and highly praised parts of the per- sonnel rules adopted by Council. He pointed out that there may be some need for refinement and they have looked at it. Mr. Timms said that there needs to be a distinction between legal counsel and participation in the Board. Mr. Flakes, Director of Personnel, told Council that since August they have been gathering data from employees who have participated in the grievance process, from department heads who have participated in the process, from the two business agents from AFSCME, and also information from the Grievance Committee. He said the only participants he is aware of who have said anything about excess participation by the two non-voting members, have been AFSCME." Two weeks ago, in response to a question, an allegation from Mr. Hill," continued Mr. Flakes, "I sat with the committee and I asked them at a session whether they thought the Personnel Department or the Legal Department participated too much in any phase of the proceedings. All seven of the members said _ CITY OF AUSTIN, TEXAS December 21, 1978 that we provided very valuable participation and information. I asked specifically about during deliberations. Seven people said if it were not for the Legal Department and the Personnel Department they would not be able to make what they considered to be resonable, just, fair decisions and they do not want participation to be limited. .....Mr. Strange has felt some degree of pressure not to participate as much. As a result he has not, in some cases, always given advice that perhaps would have helped the committee make better decisions and he has let them make the decision and then shared some information with them at the end. Yesterday the Grievance Committee told me they didn't like that, that they would prefer he give the information at the beginning and during the deliberations because that hinders them from making a decision. I have not found anyone participating in the deliberations who has said anything derogatory about the participation of either the Personnel or Legal Department. You might ask AFSCME where they get their information that we sway decisions. To say that implies that the seven people on the committee, voted on by employees, are not capable of making decisions. If they are not, we probably should not have the Grievance Committee. So, I don't find any indications that we participate too much. I would be amenable to changing the policies any way that Council thinks it should be changed. I don't recommend we take those two non-voting members off or that we change any procedures during the deliberations, right now." Mr. Reed told Council he is prepared to respond to the Sandel matter. "One part of the personnel rules that Mr. Timm did not quote, which is in a preface to the section he read from, requires the supervisor, and in this case the Director of the Electric Utility, to consider the severity of the offense and the work record and history of the employee involved. So there is very clearly a matter of judgement that has to be exercised in every case. And for every employee involved, whether he be a supervisor or not, the record of that employee and the severity of that offense would be considered. In this case the judgement would be made that those two factors weighed in the employees favor and the employee was reprimanded but the employee was not dismissed. That's the type of consideration that was given in this case." Mayor McClellan pointed out that Council can address personnel policies that need to be changed, but on specific cases there are procedures for them to go through and are not in the jurisdiction of the Council. Mr. Hill said that they were pointing out places where they thought there was a discrepancy between the manual and what had happened to individuals. The Mayor pointed out that under the City Charter, Council cannot delve into specifics. Councilmember Goodman said that some legitimate concerns have been raised in a couple of instances and he thinks it is Council's obligation to look at it. Mr. Timm concluded by saying AFSCME wants to cooperate with the city administration. HUMAN RELATIONS COMMISSION MR. CHARLES ESKRIDGE, Chairman, Human Relations Commission, appeared before Council with the recommendation that a representative from Bergstrom December 21, 1978 = CITY OF AUSTIN, TEXAS Air Force Base be appointed to serve as an Ex-Officio member of the commission. He said the position would be filled by the Director of Human Relations at Bergstrom and the position would rotate with whoever held that slot at Bergstrom without having to go through a voting procedure each time. Motion Councilmember Goodman moved that the Council bring back as an amendment to the ordinance the recommendation that a representative from Bergstrom Air Force Base be appointed to serve as an Ex-Officio member of the Human Relations Commission. The motion, seconded by Mayor Pro Tem Cooke, carried by the following vote: Ayes: Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Mayor Noes: None Pro Tem Cooke, Councilmembers Goodman, Himmelblau PARADE PERMIT Councilmember Trevino moved that the Council approve the request for a Parade Permit from Gene Fondren for 1979 Inaugural Committee, from 2:30 p.m. to 5:00 p.m., Tuesday, January 16, 1979, beginning north on Congress Avenue from Second Street to Capitol Grounds. The motion, seconded by Mayor Pro Tem Cooke, carried by the following vote: Ayes: Councilmembers Snell, Trevino, Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen Noes: None RECYCLING DEPOT DR. AND MRS. EUGENE SCHOCH, DR. SUSAN WITTING, and JERRY MATTHEWS appeared before Council to discuss the recent approval of a recycling depot on 23rd Street. Dr. Wittig, representing the University Co-op, showed slides of the depot placed beside the Co-ops Bike Shop. She pointed out that there is already too much traffic and congestion there, and that the proximity of the depot to their building will create a fire hazard. Their insurance agent had already stated he wants to review their fire insurance policy. She read the Building Code and said the structure is in violation. MS. BETTY PHILLIPS, Save Our University Neighborhood, appeared to state that the neighborhood is for re-cycling but are concerned about the site where it has been granted. She said a site for the re-cycling depot is being offered at 41st & Guadalupe and her Association would prefer its use. MR. GREG ANDERSON, ANDERSON, representing the Drag Vendor's Commission, appeared to state they had approved the depot site, but their approval was based mainly on information they had received from City Departments. CITY OF AUSTIN, TEXAS December 21, 1978 ERIC MAYO, one of four student members of the University Co-op Board, and Vice-Chairman of the Board, showed slides of the proposed site for a recycling depot at 41st and Gualupe. He said they support re-cycling, but ask Council to reconsider their decision of last week concerning the site that was approved. Councilmember Trevino said that after looking at Dr. Wittig's slides he wanted to apologize for Council's decision, and is willing to reconsider, but doesn't want to take action without conferring with Mr. Kleinman, who proposed the re-cycling depot. Mayor McClellan asked City Attorney Harris what Council would need to do to go in another direction. Mr. Harris answered, "Since we've granted a license agreement for this particluar structure, and pursuant to that authoity it has been entered into, the Council could instruct to put on its next agenda consideration of cancellation of that license agreement, which Council has a right to do since a cancellation clause is in that license agreement. The Council could then consider doing it at that time." Mayor McClellan asked if the structure is in violation of the Building Code. Mr. DeLaRosa, Assistant City Attorney, said the structure is not under the jurisdiction of UBC and the Building Inspection Department did not really review the structure, because it was going to be located in the public rightof-way there was no need for a building permit and not subject to the juris- diction. They realized there would be some potential problems, but had no jurisdiction. Motion Councilmember Goodman moved that the Council reconsider the location of recycling depot on January 4, 1979's agenda, including cancellation as a possibility. The motion was seconded by Councilmember Trevino. Councilmember Goodman asked that staff check with Urban Transportation regarding the traffic situation and requested that between now and then workable ideas should be checked, e.g. shortening height to four feet; that the structure conform to the city code and be built of metal; explore alternate site; and neighborhood to contact Mr. Klienman for mutual agreement. Roll Call on Motion Roll Call on motion showed the following vote: Ayes: Councilmember Trevino, Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell Noes: None Mayor McClellan asked Mr. German, Director of Public Works, to instruct Mr. Kleinman that this will be on the January 4, 1979 agenda for possible cancellation or possible alteration, In everybody's best interest, she felt all _ CITY OF AUSTIN, TEXAS December 21, 1978 parties concerned should get together and discuss the matter. Mr. German stated, "It is my understanding the alternate site suggested is on private property and would therefore not require a license agreement. Is that correct?" Dr. Wittig answered, "That is correct. However it would have to conform to building codes and you would be out there inspecting us." REVEREND HENEIGER DISCUSSES POLICE HARASSMENT Reverend Cecil Heneiger, Church of Christ, appeared before Council to discuss police harassment. He cited instances of harassment for preaching on the street, and of police officers being near his church during services. Reverend Heneiger also stated that his son has received four traffic violation tickets in the past month and feels these are unwarranted. Mayor McClellan asked Chief of Police Dyson to have a report prepared for Council regarding Reverend Heneiger's specific complaints, and asked him to share the report with Reverend Heneiger. NEW OR REVISED ZONING ORDINANCE PLANNED MR. MIGUEL GUERRERO, Chairman, Planning Commission, appeared before Council to request funding to assist in the development of the new or revised Zoning Ordinance. He read the following letter to Council: "You will be considering the growth management recommendations of the Austin Tomorrow Compre- hensive Plan on January 11. Favorable action by the City Council requires that the city move positively ahead with its implementation. The City Council has proceeded with several of the plans, goals and objectives by making them priorities of the Council. One such priority is the development of new or re- vised subdivision and zoning ordinances which will implement the goals of many Austin citizens. The staff of the Planning Department has initiated work on the subdivision ordinance. A preliminary draft is currently under review by City Departments and other agencies who participate in subdivision review. The staff is not able, however to allocate personnel or fiscal resources to undertake the zoning ordinance. For that reason it is imperative that the City Council find the funds to bring in technical assistance to do the work. The Planning Commission has adopted the attached resolution in support of an allocation of funds and requests your consideration of this matter. Members of the Commission are available at your convenience to discuss this need." Mayor McClellan asked Mr. Lillie, Director of Planning, if this would cost $50-75,000.00. He said this is correct. She asked, "Have we had our usual fiscal impact statement, so we know where this will come from?" Mr. Lillie answered, "I think it was our intent that if the Council felt favorably about this request that you would ask Research and Budget and the City Manager's office to come back with several options on how the money might come forward." Mayor Pro Tem Cooke asked if this could come back to Council on January 11, 1979 Mr. Lillie said, "We are investigating the possibilities of HCD program, and the mid-year reprogramming is being done in January and February. If we get a positive response from the area office we will come back to you on the 11th with a recommendation that that be a source of funding if it is a positive response from the regional office. But I think, yes, we could come back by that date." CITY OF AUSTIN, TEXAS December 21, 1978 Motion Mayor Pro Tem Cooke moved that the Council grant the request of the Planning Commission to assist in the development of the new or revised Zoning Ordinance. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino Noes: None REFUSE COLLECTION FEES RAISED Mayor McClellan opened the public hearing, scheduled for 7:00P.M. to consider amending parts of Section 28 of the Austin City Code to increase the fees for refuse collection services provided to commercial establishments and to increase charges for disposing of solid waste at the City landfill. No one appeared to be heard. Motion Mayor McClellan introduced the following ordinance: AN ORDINANCE AMENDING SECTION 28-15 OF THE AUSTIN CITY CODE; INCREASING CERTAIN RATES CHARGED BY THE CITY OF AUSTIN FOR REMOVING GARBAGE; AMENDING SECTION 2818 TO INCREASE CHARGES FOR DISPOSING OF SOLID WASTE AT THE CITY LANDFILL; SUS- PENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. Councilmember Mullen moved that the Council close the public hearing, waive the requirement for three readings, declare an emergency and finally pass the ordinance. The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Mayor Pro Tem Cooke, Councilmembers Goodman, Mullen, Trevino, Noes: Mayor McClellan None Not in Council Chamber when roll was called: Councilmembers Snell, Himmelblau The Mayor announced that the ordinance had been finally passed. STREET VACATION Mayor McClellan opened the public hearing, scheduled for 7:00p.m. on vacating the following and passage of Ordinance: COLORADO STREET, WEST 7th STREET, and COLORADO STREET ALLEY. (Requested by Mr. Tom Curtis, representing Capital National Bank.) No one appeared to be heard. December 21, 1978 = CITY OF AUSTIN. TEXAS Motion Mayor McClellan introduced the following ordinance: AN ORDINANCE VACATING AND PERPETUALLY CLOSING THOSE CERTAIN PORTIONS OF COLORADO STREET, WEST 7TH STREET AND COLORADO STREET ALLEY IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; SUSPENDING THE RULE REQUIRING THE READING OF AN ORDINANCE ON THREE SEPARATE DAYS; AND PROVIDING AN EFFECTIVE DATE. Councilmember Trevino moved that the Council close the public hearing, waive the requirement for three readings, declare an emergency and finally pass the ordinance. The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Councilmembers Goodman, Mullen, Trevino, Mayor McClellan, Noes: Mayor Pro Tem Cooke None Not in Council Chamber when roll was called: Councilmembers Snell, Himmelblau The Mayor announced that the ordinance had been finally passed. LIBERTY LUNCH Mr. Joe Morahan, Director of Property Management, appeared before Council and told them the lease between the city and Liberty Lunch and Wagonyard will expire December 31, 1978. Liberty Lunch has requested a one year extension. He said Council has received copies of a summary description of circumstances involving the lease along with a property description. He pointed out that the memorandum was prepared December 15 and indicated the lessee was in violation at that time. Since then he has received an insurance certificate and the December rent. Mr. Morahan stated he wanted to "go on record as having corrected those two." He then showed slides of the property. Mr. Morahan stated, "It is our general recommendation that since the business has already suspended its business operations at this location, and for other reasons listed in the memorandum, we would recommend the lease be allowed to expire as of the end of this month." Councilmember Goodman asked how the property would be used if the lease for Liberty Lunch was not renewed. Mr. Morahan said that perhaps for storage or the building could be removed and the property used as a parking lot. He said, however, they have not done an in-depth survey of how best to use the property. There was more discussion on the best use of the land. MS. SHANNON SEDWICK, co-owner of Liberty Lunch appeared to request a 12 month extension of their lease. Ms. Sedwick pointed out that they have paid $11,500.00 to the city in the past 3 years, and have spent money to correct all electrical problems. CITY OF AUSTIN, TEXAS December 21, 1978 Councilmember Himmelblau said that perhaps the rent should be increased if the city continues to use the property in this manner. Ms. Sedwick said their rent was originally $300.00 a month and last year it was raised to $330.00. There was more discussion on how to figure out what the rent should be if the lease is renewed. Motion Mayor Pro Tem Cooke moved that the Council adopt a resolution to lease certain property to Liberty Lunch and Wagonyard for one year at $360.00 a month with a 90 day cancellation clause. The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Councilmembers Himmelblau, Mullen, Snell, Trevino, Mayor McClellan, Mayor Pro Tem Cooke, Councilmember Goodman Noes: None ECONOMY ENGRAVING COMPANY Council had before it a resolution to consider rental/lease of certain property to Economy Engraving Company. Councilmember Himmelblau asked what the city is receiving per square foot for this lease. Mr. Morahan, Director of Property Management, told her it figures around 7½¢ a square foot for the building. He said the lease is primarily just the building, although it does have a minor amount of parking included. Councilmember Himmelblau said that everything else in the downtown area is going for over 40 a foot. Mr. Morahan pointed out that the building is 100 years old, and appears so in many ways, and is not certain the rental can be compared with most office space in downtown Austin. He said that he thought an increase in rent is in order, but that the building should be compared with similar types. Mr. Morahan showed slides of the building and said the staff's recommendation is to continue the lease because it is a historic building and must stay there. The city has no immediate need or plan for it and has no money to begin restoration. If it was adaptable for office space by the city, there probably would be a use for it he said. RUSTY SEALEY, representing Mrs. Mary Lloyd, co-owner with her husband of Economy Engraving Company, appeared before Council to state that Mrs. Lloyd has expended a little over $30,000 to put the building in the shape it needed to be in, in order to qualify for historic status. He said he just wanted to insure that her interests are protected as fully as possible both for her lease-hold expenditures as well as to her current economic situation. This means, he continued, it may not be possible for Mrs. Lloyd to stay in business and pay too much more rent than she is paying right now. She would like a four or five year, or more, lease, but the amount of the lease payments is going to be a crucial factor and is something that needs to be negotiated based on the pending condemnation suit. CITY OF AUSTIN, TEXAS_December 21, 1978 Mr. Reed, Deputy City Manager, said, "I think we would like to have it pretty clear as to whether you want to go with three years or not. I think Mr. Harris can answer whether or not there would be some possibility that we might have to pay some severance damages or whatever if we terminate it early." Mr. Harris, City Attorney, stated, "We're not liable for anything like that." After further discussion concerning the length of lease, amount of rent, etc., the following motion was made. Motion Councilmember Goodman moved that the Council postpone consideration of rental/lease of certain property to Economy Engraving Company while the staff negotiates the terms. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Noes: Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau None ECA-ADVANCED TRAINING FOR FIRE DEPARTMENT Council had before it for consideration the authorization to request $8,700 of CAPCO Emergency Services funds for ECA-Advanced Training for the Austin Fire Department (total cost of project $23,121). Councilmember Mullen asked, "If we don't get the CAPCO funds will we have to amend the budget, or where will we get the funds?" Mr. Bill Bulloch, Director of EMS, answered, "We will need to postpone the program until next year or come back to Council. We're not looking for a blanket approval of the program, regardless of funding tonight. This is an alternative we looked at in lieu of the approved budget in order to find a way to facilitate training." Councilmember Mullen said he does not favor coming back with another amendment to the budget. Mr. Bulloch answered that he understands. Motion Councilmember Mullen moved that the Council adopt a resolution to authorize the request of $8,700 of CAPCO Emergency Medical Services funds for ECA-Advanced Training for the Austin Fire Department (total cost of project $23,121). 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 CITY OF AUSTIN. TEXAS December 21, 1978 YEAR END ADJUSTMENTS FY 77-78 OPERATING BUDGET Council had before it for consideration the final year end adjustments to FY 77-78 Operating Budget. Councilmember Mullen said, "I was looking at the City Charter and trying to rectify these changes along with the City Charter which says, 'If any time during the fiscal year the City Manager shall ascertain that available revenue will be less than total appropriations for the year, he shall reconsider the work program and allotments for departments and agencies and revise them so as to prevent the making of expenditures in excess of available revenue.' That's not what has happened here and I want a clarification of how that is justified with the Charter." City Attorney Harris stated, "I do not think this particular type of adjustment in some ways applies exactly to what the Charter would contemplate to be done. On the other hand I think in the past we have found that because of the financial reporting system, etc., that some of the information that would enable us to make these adjustments prior to the end of the year..... that information was not available in time and when the financial reporting got caught up, we would find out some of the information. It is my understanding that is one of the main goals of revamping the financial reporting system, etc. so that hopefully in the future we will be able to identify these areas on a more timely basis and to be able to make the adjustments within the budget year. Lacking that capability, we have found out that at the end of the year we have some of these adjustments to make." Councilmember Mullen said that the Charter is very clear that if there are going to be overruns the City Manager does not have the right to continue with the overruns. "It is his responsibility to cut back on the work programs and come up with the departments living within within the budget that was alloted to them and if they don't, staff is then setting policy by changing the budget without our approval, spending the money and then coming back and say, approve what we spent'. I know it's awfully hard to run a city like we have and not have some overruns, but it appears to me that it is the responsibility of the City Council to know about the overruns and approve them at the time they are happening and not come back after the money has been spent and say, approve them. We have before us here the request to approve lots of money... an extra million dollars." Mr. Daron Butler, Budget Director, explained, "There are two types of action requested by the Council. One is to balance the 77-78 budget, and that requires $948,469.00 in adjustments in the current year. And the second request of Council that is before you is to appropriate the funds to close out two existing C.I.P. projects which are not part of the 77-78 budget, but to require additional funding so that we can close these out and clear them off the books at this time." Councilmember Mullen asked him to explain the $948,469. Mr. Butler replied, "That is money in which the departments overspent their budgets, in some cases through no fault of their own, without Council approval until this point." CITY OF AUSTIN, TEXAS December 21, 1978 Mr. Homer Reed, Deputy City Manager, pointed out that the largest item, $681,000 was primarily the result of the higher electric rates during the summer. He said it is the street lighting account. ... Mr. Reed went on to say, "One of the greatest frustrations the management of this city has had, and I know it is a frustration of the Council as well, is that we have been attempting to manage the city with an extremely inadequate accounting system which gives you financial data as much as 30 days or after the close of a month, which means 60 days or more after you may have spent the money....of the transaction has taken place. That system with no ability, in most cases, to inquire into that system during the intermediate periods with any sense of accuracy has been very frustrating. This Council has made provision to solve that problem and it is now underway, but the first pay-off for that will come the first fiscal year after this one." Councilmember Mullen commented that "according to what the City Attorney said, is what we are doing, in essence, is in violation of the City Charter." Mr. Harris said, "In some of the instances we weren't even able, under the current system, to detect that we weren't going to be able to identify this and come back to Council within the budget year. A streamlined financial system that would give us more up to date information will allow us to get the matters before Council or pull back, so you are right. I think we can, with this improved financial effort and system, we can get within the strict terms of the Charter." Councilmember Mullen asked if any work program was cut back (re City Charter), to be sure the amount of money spent. Mr. Butler said, "Not in these specific cases." He then explained how the budgets were managed, and how they had been for years. Councilmember Mullen thought that there should be changes, and it should include a tightening up of Council's look at the fiscal picture. Mr. Reed stated, "Councilmember Mullen, I want to make it for the record that we agree with you this is not the way it should be. The new system will make it possible for us to comply with the Charter more closely. So far as we know, this cleans up any outstanding balances in the books." Mr. Butler explained, "It takes sometimes into the third quarter and sometimes as late as the last day of business in the fiscal year before the system records some of the expenses." Councilmember Mullen stated, "I think it is the Council's responsibilty to look at every single cost that you are aware of, and even though other Council's haven't asked for it, and if no one else on the Council wants it, I want it." Mayor McClellan endorsed the point that as soon as budget information is available, she wants it to come before Council. Mayor Pro Tem Cooke asked, "As department heads for the City of Austin, once you receive your budget appropriations for the year and you begin to run your department, is there no one in the department that begins to analyze the draw down on a monthly basis? What are the fiscal controls that a department has in advance of expenditures. Certainly when a budget comes before us, it is all forecast. There may be a lot of things in there that are expected, _ CITY OF AUSTIN, TEXAS December 21, 1978 but everything is forecast and they should look at anticipated expenditures and there's got to be certain approval levels." Mr. Harris explained that he has someone in his office to check balances during the year when expenses are contemplated. They normally contact the Research and Budget Department. Sometimes the information is really up to date and sometimes it isn't. Mr. Harris went on to say that if he had one person in his office detailing expenditures for books, paper, etc., it would be full time job, so they rely on the central system. He feels the central system has improved a good deal within the last year. There was more discussion concerning the items in budget, and the following motion was made: Motion Mayor McClellan introduced the following ordinance: AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR 1977-78 BY MAKING VARIOUS INTERDEPARTMENTAL TRANSFERS, VARIOUS INTERFUND TRANSFERS, A TRANSFER FROM THE AIRPORT FUND TO THE AVIATION DEPARTMENT, AND A TRANSFER FROM THE PARKS AND RECREATION DEPARTMENT TO THE MUNICIPAL GOLF FUND TRANSFERRING $572, 127 FROM THE GENERAL FUND ENDING BALANCE TO THE CAPITAL IM- PROVEMENT PROGRAM ACCOUNT NUMBER 43545100 (MUNICIPAL ANNEX PROJECT), TRANSFERRING $522,909 FROM THE GENERAL FUND ENDING BALANCE TO THE CAPITAL IM- PROVEMENT PROGRAM ACCOUNT NUMBER 43075100 (HOSPITAL PHASE II-B PROJECT); AMENDING THE 1978-79 OPERATING BUDGET TO REFLECT VARIOUS CHANGES TO THE BEGINNING 1978-79 GENERAL FUND BALANCE; AMENDING THE 1978-83 CAPITAL IMPROVE- MENT PROJECT BUDGET TO REFLECT CHANGES MADE IN VARIOUS PROGRAM ACCOUNT NUMBERS: SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE (3) DAYS AND DECLARING AN EMERGENCY. Councilmember Mullen moved that the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance. The motion, seconded by Councilmember Himmelblau, carried by the following vote: Ayes: Councilmember Trevino, Mayor McClellan, Councilmembers Goodman, Himmelblau, Mullen, Snell Noes: Mayor Pro Tem Cooke The Mayor announced that the ordinance had been finally passed. Counci Imember Goodman called Council's attention to the fact that some valid points have been raised here and "we need to get these procedures standardized so they have some meaning." CITY OF AUSTIN, TEXAS December 21, 1978 Motion Mayor Pro Tem Cooke moved that the Council ask the independent auditors for their comments on techniques for year end adjustments. The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen, Snell, Trevino Noes: None CDBG FUNDS Council had before it an ordinance to consider reprogramming of $310,000 of 4th year Community Development Block Grant. Councilmember Himmelblau asked what C.I.P. Projects are currently funded with revenue sharing money would qualify for CDBG funding and also, "Could this switch be made so money need not be taken out of the operating budget?" Daron Butler answered her question by saying that in the Parks Department there is a total of $62,000 that is going into the Tennis Center which he thinks is not an eligible switch, nor the Natural Science Center, the Elizabet Ney renovations may be, so there would be $25,000 there, The Master Plan is not eligible for HCD funds, the neighborhood park and playground renovation may be, (it is in Gillis and that one is probably eligible), O'Henry is probably not, Spicewoods Springs Playground is definitelynot eligible, (The Bayou Creek Interceptor is not eligible. The East 6th Street multi-purpose center would be. At this point Councilmember Himmelblau asked what money was in East 6th Street to which Mr. Butler answered $633,000. Councilmember Himmelblau stated that this one alone would allow the switch, Mr. Butler asked Mr. Apelt, acting Director of Human Services Department, if it is his opinion that the switch could be made and meet Hud Criteria. Mr. Apelt said that if the general revenue sharing money has already been appropriated to the project, then there could be a problem with substitution of funding. Councilmember Himmelblau thought Council had flexibility with the revenue sharing money that they did not have with CDBG money. To this Mr. Butler said "the bind as I understand it on that Mrs. Himmelblau, is that because it is considered local money, we do run into the concept of the maintenance of effort problem. The distinction between the switch that you are contemplating at this time and the switch that we successfully maneuvered earlier in the year, is that at that point we were not dealing with finally appropriated funds for the 19781979 year. We now have a budget before us with the approval in it and when you begin moving funds around to accommodate this type of action then we do run the risk of having the shift ruled ineligible on the basis of maintenance of effort, and that is my best understanding of the position we are in on this right now." Mrs. Himmelblau then asked if the definitive answer is "no we cannot do this?" Mr. Butler said "I think my answer at this time would be that I do not believe we can shift the general sharing money as you contemplate into these areas. Councilmember Himmelblau asked, "what if in the future we would have a reversal from Mr. Jolly in the HUD office, as to the legality of using this money?" Mr. Butler answered "I think that we have several options on that, one is that these are Capital Projects which do not have to be started immediatly until we have some ruling from the area _ CITY OF AUSTIN, TEXAS December 21, 1978 office, or a difinitive statement from HUD on that item and I believe that would be a reasonable posture for us to take until we see that possibility." Counci Imember Himmelblau thanked Mr. Butler but said she was not excited about making a motion. Mayor Pro Tem Cooke spoke next saying it seemed to him there were several discussions with regional offices and they came back and disavowed the $900,000 of Economic Development money. He said he did not understand the procedure of how they are handling this money, and if they could come back at any time and disavow any project. Councilmember Himmelblau said she started working with Mr. Pickle's office and in her opinion everyone should work with state Senators and Congressmen and she feels that Council is being shafted by Mr. Jolly in the HUD office. Mayor Pro Tem Cooke asked one final question: "if this action is approved, does that mean that our ending balance is now down to $5,800,000? Mr. Butler answered "yes". Mayor McClellan asked if the cash is available, and Mr. Butler answered yes. Councilmember Snell asked why the Clarksville project was dependent on the bond election. Mr. Butler said "when the Clarksville C.I.P. program was put together it was to be funded by multiple sources, part of it to be funded with bond money, part of it with HCD money. Mr. Apelt stated the Clarksville project would need about $535,000 in it and about half of half of that will be contingent on the outcome of the election. Councilmember Trevino asked if Council is facing some kind of deadline on this issue, to which Mr. Butler answered yes and the date is December 28. Councilmember Trevino asked "what happens if Council does not approve the reprogramming of the CDBG funds?" Mr. Butler answered "we lose the money. Motion Mayor McClellan introduced the following ordinance: 11 CITY OF AUSTIN. TEXAS December 21, 1978 Councilmember Trevino moved that the Council waive the requirement for three readings, declare an emergency, and finally pass the ordinance. The motion was seconded by Councilmember Snell. Mayor Pro Tem Cooke had another question. He said, "it seems to me that in some of the deliberations that came up earlier this year about reappropriating HCD money in the first, second and third year, were any of these particular projects that were recommended by the joint subcommittee in that list?" After much discussion it was decided that the rules of the joint committee were changed and did not apply. Mr. Liro, assistant City Manager, said "I have the answer to your question. The reason you can't do it is that the historic revolving fund was considered in the fourth year citizen participation process period, and that is the only flaw in the project and the only reason why you can't use fourth year money for it." Mayor Pro Tem Cooke asked "does that mean that projects for one reason or another because of under-funding or problems that have been through the process in previous years, that the process is hearby negated:" Mr. Liro replied "HUD does not recognize those earlier processes for fourth year projects: that's exactly what it means." Councilmember Himmelblau asked to go on record as saying that she believes that the ruling out of the regional office of HUD was incorrect be- cause when you use CDBG monies one time then you are allowed to use it for operation. She said she does not take very kindly to the rulings but thinks that "we are stuck with it." Roll Call On Motion Roll Call on the motion to pass the ordinance for the reprogramming of $310,000 of 4th year CDBG funds, showed the following vote: Ayes: Councilmembers Goodman, Himmelblau, Snell, Trevino, Mayor McClellan Noes: Mayor Pro Tem Cooke, Councilmember Mullen The Mayor announced that the ordinance had been finally passed. FAMILY OUTPATIENT CLINIC AND FAMILY PLANNING CLINIC Mayor McClellan introduced the following ordinance: CITY OF AUSTIN, TEXAS December 21, 1978 Councilmember Trevino moved that the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance. The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Councilmembers Goodman, Himmelblau, Snell, Trevino, Mayor McClellan Noes: Councilmember Mullen, Mayor Pro Tem Cooke The Mayor announced that the ordinance had been finally passed. SCENIC BROOK WEST SUBDIVISION APPROACH ΜΑΙΝ Council had before it an ordinance for approval of the following five year approach main contract: REPUBLIC NATIONAL BANK To purchase the wastewater approach main (Williamson Creek) to Scenic Brook West Subdivision $913,938.11 Councilmember Goodman questioned the reason for the cost increase of $300,000.00 since original approval, and why Council was not told the increase in any detail. Mayor Pro Tem Cooke wondered if he were asking about the specifics as proposed to Council in September of 1977. Councilmember Goodman answered yes, that there have been several major changes made which have not been explained. Curtis Johnson, Director of Water and Water and Wastewater, appeared to state: "The original estimate was slightly over $600,000.00. The resultant increase in project cost comes from two sources. At the time the project was originally anticipated, we as staff were anticipating that an additional subdivision would be constructed at the downstream edge of this approach main. This resulted in approximately 1800 feet of additional line to be installed. The same line, but at the head end of the approach main. The other item was that initially, from the preliminary information that staff was using in estimating the size of the line it appeared that a 21" line would be sufficient to carry the anticipated sewage from this drainage area. When the final design of the line was being accomplished the anticipated flows were slightly more than could be carried in a 27" line, hence the need to move to the next larger line size. The bulk of this project is a 30" line." Councilmember Goodman said it seemed like those are two significant factors and wondered if any of this caused staff to reconsider whether or not they would still recommend the approach main contract, and whether the cost participation increase for Scenic Brook West people has also been increased. Mr. Johnson answered "The information supplied when this approach main was originally discussed, or when any other approach main is discussed, is very preliminary in nature. I would say that if a statistical look was taken at various approach mains there would be changes .....some up, and some down...this was up and of a large magnitude I'll admit. Council was not advised, we could have done that, it had not been done as a matter of =CITY OF AUSTIN, TEXAS December 21, 1978 procedure in the past but we can do it in the future." Mayor Pro Tem Cooke commented, "When we vote for an approach main, approach main policy, or utilization of it, which is not on a regular basis, and this one certainly had a great deal of deliberation when it was approved, one that increases by cost by 50%, and there was a great deal of deliberation of what was going to be the fiscal impact to the city at the time. I admit, along with what I think is in the best interest of the city from an environmental point of view, that the fiscal notes provided on this matter did in- fluence my decision making. And when it changes by a monetary scope...based on those things I may have based my decisions on in September of 1977, I don't know if all those particular factors still hold true today. You feel a little bit ill-equipped ed at this particular point, after its all been done and everything changed considerably, I guess I would like to have been made aware of it and presented a modified fiscal note to say "we've had a major change, it's gone from 21" to 27" line and it may not impact your decision at all, but we think it is something you should be aware of rather than getting it back here tonight for approval when it may or may not still be a good thing." Councilmember Mullen said that this is also his concern and wondered what the result would be if Council said "No" tonight. Mr. Harris, City Attorney, asked "We have not entered into any contract, it was just a preapproval was it not?" Mr. Reed answered, "That's correct". Mr. Harris stated, "As I understand it, they could proceed to deal with the line but it wouldn't be of this size." Mr. Johnson clarified this by stating the line has been constructed and was completed earlier this month. The original conceptual approval Council gave the project in September, 1977 had lower cost estimates, and the subdivider contracted for construction of the line. Councilmember Mullen thought he would be more comfortable if Council had a new fiscal note on this and were told the consequences if they do not approve the expenditure. He said he does not feel confortable voting on $300,000.00 after the fact. Councilmember Goodman requested a report on the approach main to Scenic Brook West to answer why Council was informed of a $300,000.00 overage after the fact, and why Council was not told of the change in line size when this is not the size or the cost they voted for. Mr. Reed told Council that they will come back with a detailed report on January 4, 1979. SUNSET HEARINGS DATE SET Mayor McClellan announced that the date for the sunset hearings will be February 1, 1979, at 10:00 A.M. TROLLEY AT NECHES AND EAST 6TH Mayor Pro Tem Cooke introduced an item for Council to consider an Ordinance to allow a trolley to be placed on Neches at East 6th Street. _ CITY OF AUSTIN, TEXAS December 21, 1978 After an explanation by Mr. German, Director of Public Works, of what would be involved, and questions concerning cleanliness and maintenance of the area, plus the exact location of the trolley, it was unanimously decided to take this under advisement. Motion Mayor Pro Tem Cooke moved that the Council take the concept under advisement, request staff to look at a license agreement, maintenance, rights of the city, meeting of the City Code; then refer to Urban Transportation Commission for review and for them to conduct a public hearing and send comments back to Council. 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 CIP/BUDGET POLICY MATTERS Mayor Pro Tem Cooke and Councilmember Goodman introduced an item from Council concerning the status on CIP/Budget policy matters discussed in City Council work session on October 10, 1978. By unanimous consent it was decided to discuss this at 4:00P.M. on January 18, 1978. LOBBYIST FOR TEXAS LEGISLATURE Councilmember Trevino and Mayor Pro Tem Cooke introduced an item from Council to consider hiring a lobbyist for the 66th Session of the Texas legislature. Councilmember Himmelblau told Council she first brought this up last May and is not very pleased with the way it has been handled. Councilmember Snell stated: "I received information today that it would cost about $30,000 a year for the first year if the Legal Department recruited a lobbyist, and it would cost $30,000 a year or more if we hired a firm to represent us, or a lobbyist, or more if there were more than one. I'd just like you to know my true feeling about this. A year or two ago when Jim Miller was appointed to represent us and acted as a lobbyist, I was satisfied with the work he did then and I'm still satisfied with the work and I'm not interested in spending any additional monies to recruit a lobbyist. I'd just like to go on record as saying I don't see where there is any need for us to go out and recruit a lobbyist when we have Jim Miller and other people on the city staff already being paid to do the work for us." Motion FAILED Counci Imember Himmelblau moved that the Council handle the lobby in-house through the City Attorney's office with funds that have already been budgeted, and use other existing city staff as necessary. The motion was seconded by Mayor McClellan. _ CITY OF AUSTIN, TEXAS December 21, 1978 Councilmember Trevino said that the $30,000.00 figure is not necessarily firm, but would be subject to negotiation by an individual and the City Manager. Councilmember Mullen stated he is in agreement with Councilmember Snell's remarks, and that since we are local, we can send a member of our staff to the Capitol on a moments notice. The Chamber of Commerce can also assist us on the "hill". Councilmember Trevino stated that the city's entering into a contract with someone does not preclude the involvement of the city with the statehouse. He felt that the city should, how- ever, hire a special lobbyist. Mayor McClellan felt that the city officials do the most effective lobbying. Roll Call on Motion Roll Call on motion showed the following vote: Ayes: Mayor McClellan, Councilmember Himmelblau Noes: Mayor Pro Tem Cooke, Councilmembers Goodman, Mullen, Snell, Trevino Motion Mayor Pro Tem Cooke moved that the Council accept an outside lobbyist. The motion was seconded by Councilmember Trevino. Substitute Motion Councilmember Himmelblau moved that the Council stay status quo. The motion was seconded by Councilmember Mullen. Roll Call on Motion Roll Call on substitute motion showed the following vote: Ayes: Councilmembers Himmelblau, Mullen, Snell, Mayor McClellan Noes: Councilmember Trevino, Mayor Pro Tem Cooke Abstain: Councilmember Goodman LOBBYIST AT FEDERAL LEVEL Motion Councilmember Goodman moved that the Council hire a lobbyist at the federal level; City Manager to interview and negotiate. 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 This item was introduced to Council by Councilmembers Himmelblau and Trevino. _ CITY OF AUSTIN, TEXAS December 21, 1978 STRATEGIES FOR THE ECONOMIC REVITALIZATION OF CENTRAL AUSTIN Mayor Pro Tem Cooke and Councilmember Mullen introduced an item from Council to consider receiving and referring for action "Strategies for the Economic Revitalization of Central Austin." Motion Mayor Pro Tem Cooke moved that the Council receive the "Strategies for the Economic Revitalization of Central Austin" and refer it to citizen's boards and neighborhood associations for review; then to bring back as a public hearing and adoption in February. The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Councilmembers Mullen, Trevino, Mayor McClellan, Mayor Pro Tem Noes: Cooke, Councilmembers Goodman, Himmelblau None Not in Council Chamber when roll was called: Councilmember Snell RESUBDIVISION OF CITY CEMETERIES Council received a report from the City Manager on the resubdivision of city cemeteries. CPR PROGRAM Council received a report from the City Manager on the status of the CPR Program. PUBLIC HEARING ACORN GAS SERVICE REGULATIONS SET Council received a status report on ACORN Gas Service Regulations. Motion Councilmember Mullen moved that the Council set a public hearing for February 15, 1979 at 7:00 p.m. to discuss ACORN Gas Service Regulations. The motion, seconded by Councilmember Himmelblau, carried by the following vote: Ayes: Councilmembers Snell, Trevino, Mayor McClellan, Mayor Pro Tem Cooke, Councilmembers Goodman, Himmelblau, Mullen Noes: None CITY OF AUSTIN, TEXAS December 21, 1978 SOUTH TEXAS PROJECT FAYETTE PROJECT Mr. R.L. Hancock, Director of Electric Utility, presented a report, by use of slides, on the South Texas Project and the Fayette Project. Council received the report. ZONINGS SET FOR PUBLIC HEARING The City Manager reported the following applications have been referred to the Planning Commission for recommendation and have been set for public hearing before the City Council on January 4, 1979. FRANCIS E. BENOIT C14-78-202 BRONISLAW PUSCHMAN By Rose Puschman C14-78-203 TEXAS PUBLIC EM- PLOYEES ASSOCIATION By Jess M. Irwin, Jr. C14-78-204 LaCHANCE INVEST- MENTS LTD. By Jim LaChance C14-78-205 ALLIED DEVELOP- MENT COMPANY By Thomas W. Cummins C14-78-206 MAURICE SHAFER By John Neely C14-78-207 111 and 113 Sandra Street To 412-500 Stassney Lane 508 and 506 East 11th Street 3621-3629 Manchaca Road 7000 Ed Bluestein Blvd. 6950 Manor Road Bounded by F.M. 620 and Broadmede Ave. From "LR" local Retail 1st Height and Area "C" Commercial 1st Height and Area From "0" Office Distrist 1st Height and Area To "GR" General Retail Ist Height and Area From "B" Residence To 3rd Height and Area "C" Commercial 3rd Height and Area From "0" Office To 1st Height and Area "LR" Local Retail 1st Height and Area From "GR" General Retail 1st & 6th Height& Area To "GR" General Retail 2nd and 5th.... Height and Area From Interim "AA" Residence 1st Height and Area To "GR" General Retail 1st Height and Area =CITY OF AUSTIN, TEXAS December 21, 1978 THOMAS H. BARNETT and WILLIAM A. HIBBERT, JR. By Phil Mockford C14-78-208 LENORA R. & ALONDREA KIRKPATRICK By Ida Williams C14-78-209 S.W. RUFF LAND DEVELOPMENT TRUST FRED JUBY, TRUSTEE By Raymond C. Tubbs C14-78-210 12568 Research Blvd. 4607 Ledesma Road From Interim "AA" Residence 1st Height and Area To "GR" General Retail (except for South 120') and "0" Office on South 120' 1st Height and Area From "A" Residence To 1st Height and Area "LR" Local Retail 1st Height and Area 7501 North Lamar Blvd. From "A" Residence To 1st Height and Area "C" Commercial 1st Height and Area RICHARD FRAZIER By James & Thompson C14-78-211 6608 South Congress Avenue From Interim "A" Residence 1st Height and Area To "GR" General Retail 1st Height and Area EDWARD R. RATHGEBER JR. & JESSIE B. ANDER- SON By Edward R. Rathgeber, Jr. C14-78-212 900-1012 William From Cannon Drive 6705-6709 Emerald Forest To Interim "A" Residence 1st Height and Area "0" Office 1st Height and Area WILLIE R. AND CERESA NUNN By Oliver B. Street C14-78-213 2917 East 12th Street From To "A" Residence 1st Height and Area "GR" General Retail 1st Height and Area Interim "AA" residence 1st Height and Area "C" Commercial BEN WHITE BLVD., 5820-6220 Ben White From NO. 1 AND LARRY Blvd. J. KUBALA, ET UX 3100-3208 Montopolis To ANDREW FRANKLIN HARRIS, Drive 1st Height and Area ET UX, AND WILLIAM J. 6010-6210 Daffodil ZETT, ET UX Drive By John T. Jones C14-78-214 RALPH EVERHARD By Tina Trochta C14-78-215 CITY OF AUSTIN, TEXAS December 21, 1978 6413-6401 Circle S Road From Interim "A" Residence 1st Height and Area To "C-2" Commercial (Tr.A) 12001-12003 High- land Oaks Trail 11928-11932 Arabian Trail "0" Office, (Tr. C) and "A" Residence Ist Height and Area (Tr. B) From Interim "AA" Res i dence 1st Height and Area CATFISH PARLOUR, INC. and DAVID KERBOW By Tom Curtis C14-78-217 To 11910-11922 Highway 183 "GR" General Retail 1st Height and Area JAMES A. and LETHA E. CALHOUN C14-78-218 RAYMOND E. MITCHELL, TRUSTEE By Chester E. Mallett C14-78-219 ROBERTA P. CRENSHAW By Graves, Hearon, Dougherty, Moody and Garwood C14-78-220 309-313 East Rundberg Lane 9700-9808 R.M. 620 2713-2517 Monto- polis Road also bounded to the southeast by Ben White Blvd. From "A" Residence To 1st Height and Area "C" Commercial 1st Height and Area From Interim "AA" Residence 1st Height and Area Το "GR" General Retail 1st Height and Area From Interim "A" Residence 1st Height and Area To "DL" Light Industrial 1st Height and Area C.L. REEVES By Dale Alley and Charles Lambert C14-78-221 3440-3430 Grey- stone LANDLOCK, LTD. By Graves, Hearon, Dougherty, Moody, and Garwood C14-78-222 From "LR" Local Retail 1st Height and Area To "GR" General Retail 1st Height and Area 8517 Balcones To From "DL" Light Industrial 1st Height and Area "DL" Light industrial 2nd Height and Area RPC INVESTMENT COMPANY (formerly Dickson prop.) By Graves, Dougherty, Hearon, Moody, and Garwood C14-78-223 THE VILLAGE JOINT VENTURE By J.W. Smith C14-78-224 MR. WALTER ANGERMAN By Edgar James C14-78-225 December 21, 1978 CITY OF AUSTIN, TEXAS Pleasant Valley Road From To Interim "A" Residence 1st Height and Area "0" Office 3rd Height and Area William Cannon Blvd. and Beckett Road From Interim "A" Res i dence 1st Height and Area To "B" Residence 1st Height and Area From "A" Residence and Interim 1804 Mariposa To JOHN H. GRIGGS C14-78-093 2100 Payne also bounded by Laird Street R.W. ELLMER J. TIM BROWN AND RICHARD F. BROWN By William L. Garwood C14-78-168 PENDERGRASS AND HOOD, INC. By William Terry Bray C14-78-177 J.V. WALDEN By Terry J. Sasser C14-78-188 6813-7121 South Congress Corner of William Cannon Drive and Copper Lane Southwest Corner of Steck Avenue and Mo-Pac "A" Residence 1st Height and Area "BB" Residence 1st Height and Area From To "A" Residence 1st Height and Area "0" Office 1st Height and Area From To "B" Residence 1st Height and Area(Tract 1) and "BB" Residence 1st Height and Area(Tract 2) "LR" Local Retail 1st Height and Area(Tracts 1 and 2) From Interim "A" Residence 1st Height and Area To "LR" Local Retail 1st Height and Area From Interim "A" Residence and "BB" Residence 1st Height and Area To "C" Commercial 1st Height and Area _ CITY OF AUSTIN, TEXAS December. 21, 1978 REQUEST FOR REMOVAL OF RESTRICTIVE COVENANTS By William L. Garwood C14-75-096 6801-7121 South Congress BRASS-FERRIS By Britt Kennard C14h-78-041 503 East 6th Street To From "C-2" Commercial 4th Height and Area "C-2-H" Commercial Historic 4th Height and Area GENERAL PROVISIONS 505-507 East 6th Street STORE By Britt Kennard C14h-78-042 From "C-2" Commercial 4th Height and Area To "C-2-H" Commercial Historic 4th Height and Area RISHER-ROACH BUILDING By Britt Kennard C14h-78-045 509-513 East 6th Street From "C-2" Commercial 4th Height and Area To "C-2-H" commercial- Historic 4th Height and Area BUAAS HOUSE By City of Austin C14h-78-047 MANSBENDEL- WILLIAMS By Dorothy Richter C14h-78-048 KOPPERL HOUSE By Dorothy Richter C14h-78-049 BRASS-GODDARD By City of Austin C14h-78-051 708 Patterson Avenue 3824 Avenue F 4212 Avenue F 1108 West 9th Street From "A" Residence To 1st Height and Area "A-H" Residence-Historic 1st Height and Area From "A" Residence 1st Height and Area To "A-H" Residence-Historic 1st Height and Area From "A" Residence 1st Height and Area To "A-H" Residence-Historic Ist Height and Area From "B" Residence 2nd Height and Area To "B-H" Residence-Historic 2nd Height and Area CITY OF AUSTIN. TEXAS December 21, 1978 ADJOURNMENT Council adjourned its meeting at 11:25 Ρ.Μ. APPROVED C Giulia Mayor ATTEST: race Monice City Clerk