CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Special Called Council Meeting October 18, 1979 5:00 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 Himmelblau, Councilmembers Cooke, Goodman, Mullen, Snell, Trevino Absent: None Mayor McClellan opened the meeting scheduled for 5:00P.M., stating that this was a Special Called Meeting of the City Council for the purpose of publicly announcing that it will convene in a closed or executive session authorized by Section 2, Paragraphs (e), (f) and (g) of Article 6252-17, Texas Revised Civil Statutes Annotated; and after such closed or executive session any final action, decision or vote with regard to any matter considered in the closed or executive session would be made in open session, should such action, decision or vote be necessary. Mayor McClellan announced that the Council would go into executive session at this time to consider the items authorized in Section 2, Paragraphs (e), (f) and (g) of Article 6252-17, Texas Revised Civil Statutes Annotated. APPROVED Mayor ATTEST: Grace Monse City Clerk CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Council Meeting October 18, 1979 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 Himmelblau, Councilmembers Cooke, Goodman, Mullen, Snell, Trevino Absent: None Reverend Henry E. Beseda, Austin Brethern Church, gave the Invocation. MEDAL OF VALOR Mayor McClellan asked Captain Richard W. Farris of the Austin Fire Department to come before the podium and stated: "The Awards Department of the Austin Fire Department voted unanimously to present its first Medal of Valor to Captain Richard W. Farris. The criteria for the award is: 'To be awarded to any member of the fire service whose conduct might be considered exceptionally valorous while in the performance of his duties under conditions of extreme danger'. The incident for which he is receiving this first Medal of Valor occured on April 18, 1979 when the Department received a call at 11:30 P.M. under extreme flooding conditions in the south area of the city. Captain Farris and Specialist Chief Chastain with Unit No. 42 arrived at the scene of a flooding creek. The flood gauge was at the 5' level. A man was in the water about 150 yards from the bridge and was clinging in waist deep water to a tree. Farris, with the use of life jackets and ropes rescued Mr. Craig. His wife had already been swept away by the raging waters and it is almost certain that Mr. Craig would have also been swept away had it not been for the courageous rescue made by Captain Farris. For this act, the entire city joining very proudly in presenting this Medal of Valor and Certificate to Captain Farris. He has been with the Fire Department since July 15, 1968. CITY OF AUSTIN, TEXAS October 18, 1979 He was promoted to Captain February 25, 1979." The Mayor then asked Mrs. Farris to join her husband. Mrs. Farris was in the Council Chamber with her Cub Scout Den, No. 3 from Wimberly. Fire Chief Kirkham presented the award to Captain Farris and stated they do appreciate the Captain very much. Mayor McClellan then announced the presentation of two Unit Citations. She said the criteria for these is that it be awarded to the unit acting in a supportive role to actions performed by the individual awarded the Medal of Valor. The Awards Committee voted unanimously to present Unit 42-C and Unit 470-C with unit citations for their supportive role. She asked the men on those units to come forward to receive their award. They were, Specialist Steve Chastain, Captain Robert Land, Firefighter Paul D. Phillips, Firefighter Michael J. Sullivan. She presented them with plaques and letters. She again thanked the men who received awards and asked the audience to applaud the valor of the men. Captain Farris thanked the Mayor and Council for the Medal of Valor. SKATING DAYS Mayor McClellan read a proclamation designating October 27 and 28 as Skating Days. Ms. Harriett Buxkemper, Secretary, The Austin Skating Club, Hot Wheels Skateland, and several of the clubs skaters, thanked the Mayor and Council for the Proclamation. ENERGY DAY Mrs. Herbert Carr accepted with her thanks a proclamation read by the Mayor designating October 18, 1979 as Energy day. APARTMENT ASSOCIATION DAY October 24, 1979 is Apartment Association Day, according to a proclamation read by the Mayor. Hank Guerrero, president, Austin Apartment Association thanked the Mayor for the proclamation. Accompanying him were Phil Dudley and John R. Davis. LEARNING DISABILITIES MONTH Mrs. Felder Thornhill, Mrs. William Howard, Mrs. Paul Stubbs and Mrs. William Yost were recipients of a proclamation designating October as Learning Disabilities Month. They thanked the Mayor, who read the proclamation, and Council. CITY OF AUSTIN, TEXAS October 18, 1979 NATIONAL BUSINESS WOMEN'S WEEK National Business Women's Week will be observed October 21-27 according to a proclamation read by the Mayor. Mrs. Jerry Booth, presidentelect, National Business Women, was in the Council Chamber to receive the proclamation. She thanked the Mayor and Council. HONORARY CITIZENSHIP Mayor McClellan recognized James "Big Boy" Medlin, an Austin writer as being instrumental in the writing of the movie Roadie, which is now being filmed in Austin. He did not receive an Honorary Citizenship award because he is an Austin native. Honorary Citizenship awards were presented to: Carolyn Phifer, producer; Allan Rudolf, Director: Meatloaf, rock star; Conrad Cavasano, stunt coordinator; and Johnny Palmer, Associate Producer, of the film Roadie. MINUTES APPROVED Councilmember Snell moved that the Council approve the minutes for October 11, 1979 and Special Meeting of October 12, 1979. The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Mayor McClellan, Councilmembers Cooke, Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino Noes: None BOARD AND COMMISSION APPOINTMENTS Councilmember Mullen moved that the Council make the following Board and Commission appointments: Community Development Commission LaSalle Barnett, representing Urban League, term to expire 3-1-81 Plumbing Advisory Board Robert Harrington, term to expire 7-1-81 Wrecker Standards Commission Michael Deitch Manpower Advisory Planning Council John Greer, Rudolph Saenz, David Brown and Charles Garner, terms to expire 9-30-80. CITY OF AUSTIN, TEXAS October 18, 1979 Arts Commission Al Golden, Behlah Agnes Curry Jones, Sandy Youman, Paul Leche and Maurice Coats, terms to expire 10-1-81. Building Standards Commission Jim Rock, term to expire 6-1-81 Human Relations Commission Barry Curlee, term to expire 11-1-81 The motion, seconded by Councilmember Cooke, carried by the following vote: Ayes: Councilmembers Cooke, Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan Noes: None Future Appointments: Mayor McClellan announced the following appointments will be made on November 1, 1979: Joint Airport Zoning Board 1 Community Development Commission Plumbing Advisory Board 1 2 - Wrecker Standards Commission 1 - Employee's Retirement System 1 On-Going of Goals Assembly Committee Manpower Advisory Planning Council MH/MR 2 Arts Commission 5 Building Standards Commission Construction Advisory Committee 1 3 1 1 3 Urban Transportation Commission Human Relations Commission Electric Utility Commission Hospital Board 3 1 15 RELEASE OF EASEMENT Mayor Pro Tem Himmelblau moved that the Council adopt a resolution authorizing release of the following easement: A portion of a five (5.00') foot public utility easement located on Lot 6, Block B. Tonkawa Bluff, 3811 Tonkawa Trail. (Requested by Beulah E. Williams, owner.) The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmember Cooke Noes: None CITY OF AUSTIN, TEXAS October 18, 1979 PAYMENT AUTHORIZED Mayor Pro Tem Himmelblau moved that the Council adopt a resolution authorizing payment to the following: J. HAYES BUILDERS, INC. The cost difference for installation of 12"/8" water main in J. Hayes Commercial Subdivision $8,987.74 The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmember Cooke Noes: None Mayor Pro Tem Himmelblau moved that the Council adopt a resolution authorizing payment to the following: NBC ASSOCIATES The cost difference for installation of 12"/8" water main in Oak View Subdivision $2,771.90 The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Mayor McClellan, Councilmember Cooke, Trevino Noes: None Mayor Pro Tem Himmelblau moved that the Council adopt a resolution authorizing payment to the following: TRAMMEL CROW COMPANY The cost difference for installation 12"/8" water main in McKalla Drive Business Park $17,786.80 The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmember Cooke Noes: None October 18, 1979 CITY OF AUSTIN, TEXAS CHANGE ORDER Mayor Pro Tem Himmelblau moved that the Council adopt a resolution to approve a Change Order in connection with the city's construction contract with Ricks Construction Company, Inc., in the amount of $49,390.00. CAPITAL IMPROVEMENTS PROGRAM SOUTH AUSTIN MULTIPURPOSE CENTER. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmember Cooke Noes: None CONTRACT RESCINDED Mayor Pro Tem Himmelblau moved that the Council adopt a resolution to rescind the contract granted August 9, 1979 to Woodruff Construction Company for construction of Decker Welding Shop, CAPTIAL IMPROVEMENTS PROGRAM No. 11/70-41 and Holly Machine Shop Additions, CAPITAL IMPROVEMENTS PROGRAM No. 11/71-26 in the amount of $124,700.00. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmember Cooke Noes: None CONTRACTS APPROVED Mayor Pro Tem Himmelblau moved that the Council adopt a resolution approving the following contract: TRAVIS ASSOCIATES, INC. 2130 Goodrich Austin, Texas CAPITAL IMPROVEMENTS PROGRAM Surveying services contract for Brackenridge Hospital Expansion, Phase III Improvements $7,500.00 C.I.P. No. 79/84-04 The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmember Cooke CITY OF AUSTIN, TEXAS October 18, 1979 Mayor Pro Tem Himmelblau moved that the Council adopt a resolution approving the following contract: ACCO-BRISTOL 7701 Parnell Houston, Texas Low Range Turbidimeters for monitoring turbidity in finished water, Water Utility Department Item 1, 3 ea. @ $2,172.40 Total $6,517.20 The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmember Cooke Mayor Pro Tem Himmelblau moved that the Council adopt a resolution approving the following contract: JOHN R. HUGHES CONSTRUCTION CO. Drawer 3400 Austin, Texas CAPITAL IMPROVEMENTS PROGRAM Boggy Creek South Wastewater Interceptor Project II-B $250,749.00 C.I.P No. 73/23-26 The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmember Cooke Noes: None Mayor Pro Tem Himmelblau moved that the Council adopt a resolution approving the following contract: Bid award: POTTERS INDUSTRIES, INC. 128 Main Street Brownwood, Texas - Twelve (12) Traffic Stripe Reflective Glass Spheres, Item No. 1 Month Supply Agreement. Traffic Paint, Items 2 & 3 - Three (3) Month Supply Agreement. Urban Transportation Department Item 1; 60,000 lbs. gallons ea. $9,468.00 CITY OF AUSTIN, TEXAS October 18, 1979 SOUTHWESTERN MATERIALS 10062 Woodland Village Drive Austin, Texas Items 2 & 3; 3,000 gallons ea. $48,360.00 The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Mayor McClellan, Councilmember Cooke Noes: None Mayor Pro Tem Himmelblau moved that the Council adopt a resolution approving the following contract: LARSON-PUGH, INC. 2415 Exposition Boulevard Austin, Texas CAPITAL IMPROVEMENTS PROGRAM Stassney Lane Bridge at William- son Creek Improvements $608,867.75 C.I.P. No. 78/62-23 The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmember Cooke Noes: None Mayor Pro Tem Himmelblau moved that the Council adopt a resolution approving the following contract: CENTEX PAVING COMPANY 2819 Garwood Austin, Texas CAPITAL IMPROVEMENTS PROGRAM Valley Oak Drive Cul-de-sac and Fire Station No. 19 Parking Lot Modification $13,269.35 C.I.P. No. 80/62-03 - The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmember Cooke Noes: None CITY OF AUSTIN, TEXAS. October 18, 1979 Mayor Pro Tem Himmelblau moved that the Council adopt a resolution approving the following contract: A.B. CHANCE, MFG., COMPANY 1257 Security Drive Dallas, Texas Poles, Street Lighting, Electric Utility Department Item 1; 300 ea. @ $231.32 Total $69,396.00 The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmember Cooke Noes: None Mayor Pro Tem Himmelblau moved that the Council adopt a resolution approving the following contract: CLEARWATER CONSTRUCTORS, INC. 16021 IH 35 North Round Rock, Texas CAPITAL IMPROVEMENTS PROGRAM Construction contract for site work, foundations and under- ground cable trench system at Lytton Springs Substation $647,525.00 C.I.P. No. 77/16-05 The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmember Cooke Noes: None Mayor Pro Tem Himmelblau moved that the Council adopt a resolution approving the following contract: J-V MARBLE COMPANY 305 East Industrial Boulevard Austin, Texas CAPITAL IMPROVEMENTS PROGRAM Construction of Electric Conduit System for Windmill Run, Section One $49,610.25 C.I.P. No. 80/15-01 The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmember Cooke Noes: None CITY OF AUSTIN, TEXAS- AGENDA ITEM PULLED October 18, 1979 Mayor Pro Tem Himmelblau moved that the Council pull off the agenda consideration of authorizing an Illumination Agreement with the State Department of Highways and Public Transportation for the location of an illuminating system on Loop 1 between R.M. Highway 2244 (Bee Caves Road) and south to Loop 360. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmember Cooke Noes: None EMS CONTRACT Mayor Pro Tem Himmelblau moved that the Council adopt a resolution to extend the contract between the City of Austin and the Central Texas Medical Services Department for a period of ninety (90) days to end January 1, 1980 in the amount of $12,367.26. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmember Cooke Noes: None CETA MANAGEMENT INFORMATION SYSTEM Mayor Pro Tem Himmelblau moved that the Council adopt a resolution to enter into a non-financial agreement with the Texas Department of Community Affairs to provide an automated CETA Management Information System for the Capital Area Manpower Consortium. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmember Cooke Noes: None AGENDA ITEM PULLED Mayor Pro Tem Himmelblau moved that the Council pull off the agenda consideration of a resolution to contract with the Austin Tenant's Council for the administration of the Clarksville Rent House Repair Program funded in the amount of $17,500 from the Fourth Year Community Development Block Grant for the period November 1, 1979 through October 31, 1980. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmember Cooke Noes: None =CITY OF AUSTIN, TEXAS October 18, 1979 PARENTING SKILLS FOR PARENTS OF HANDICAPPED CHILDREN Mayor Pro Tem Himmelblau moved that the Council adopt a resolution to request endorsement of funding proposal by the Austin Association for Retarded Citizens to be submitted to the Texas Department of Community Affairs to conduct a program to develop parenting skills of parents for handicapped children. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmember Cooke Noes: None DAY CARE RESOURCE CENTERS Mayor Pro Tem Himmelblau moved that the Council adopt a resolution to submit a proposal for Day Care Resource Centers in response to the Request for Proposal issued by the Texas Department of Community Affairs, Early Childhood Development Division dated August 28, 1979. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmember Cooke Noes: None AUSTIN DAY CARE CENTER Mayor Pro Tem Himmelblau moved that the Council adopt a resolution to endorse a funding proposal to be submitted by Austin Families, Inc. to the Texas Department of Community Affairs to provide technical assistance and workshops for staff and parents of Austin Day Care Center. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmember Cooke Noes: None ITEM POSTPONED ONE WEEK Mayor Pro Tem moved that consideration of contract with Houston Lighting and Power Company providing for sale of electric generating capacity for calendar years 1982-1985 be postponed until October 25, 1979. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmember Cooke Noes: None CITY OF AUSTIN, TEXAS October 18, 1979 TEMPORARY STREET CLOSINGS Mayor Pro Tem Himmelblau moved that the Council adopt a resolution to temporarily close portion of fourteen various streets on October 24 and 25, October 31 and November 1 or November 7 and 8 with alternate dates of November 9 and 10 or November 26 and 27, as requested by Mr. John Pommer, representing Alive Enterprises, Inc. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmember Cooke Noes: None PLANTING OF TREES ON SIDEWALK AREA Mayor Pro Tem Himmelblau moved that the Council adopt a resolution to issue a License Agreement allowing the planting of trees on the sidewalk area adjacent to Texas Bank, 100 block west 9th Street with waiver of annual fee. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmember Cooke Noes: None Councilmember Mullen asked, "Why don't we just go ahead and get rid of that and change the ordinance if it is going to be waived every time." Councilmember Cooke said he would like staff to look at this and come back with suggestions for Council "on maybe deleting this and define an area where we would delete this." PUBLIC HEARING SET Mayor Pro Tem Himmelblau moved that the Council adopt a resolution to set a public hearing on October 25, 1979 at 3:00 P.M. on an appeal of the decision of the Historic Landmark Commission on the relocation of the Woodburn House, No. C14h-78-034 from Hilda Montesino, Harrilee Heierman, Al Ostroot, Carol Colenda and Gary and Wanda Penn. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmember Cooke Noes: None October 18, 1979 CITY OF AUSTIN, TEXAS CHANGE ORDER Mayor Pro Tem Himmelblau moved that the Council adopt a resolution to approve a Change Order in the amount of $9,632.00 to POWER ENTERPRISES, IND. for the design and fabrication of galvanized steel structures CAPITAL IMPROVEMENTS PROGRAM No. 77/35-05 and 78/35-01. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmember Cooke Noes: None LO-VACA SETTLEMENT Mayor Pro Tem Himmelblau moved that the Council adopt a resolution authorizing the execution of a waiver and agreement setting the schedule for closing of Lo-Vaca Settlement. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmember Cooke Noes: None VALLEY OAK CUL-DE-SAC Mayor McClellan introduced the following ordinance: AN ORDINANCE AMENDING THE 1979-84 CAPITAL IMPROVEMENTS PROGRAM BUDGET BY APPROPRIATING $20,000 FROM THE STREET AND BRIDGE CAPITAL IMPROVEMENTS PROGRAM FUND FOR VALLEY OAK CUL DE SAC, CIP SERIAL NO. 80/62-03; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. (C.I.P. No. 80/62-03) Mayor Pro Tem Himmelblau moved that the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance effective immediately. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmembers Cooke, Goodman Noes: None The Mayor announced that the ordinance had been finally passed. | 791018-C E13. Jaw Enforcement Assistance Grant E3 79-1018-C CITY OF AUSTIN, TEXAS October 18, 1979 STREET NAME CHANGED Mayor McClellan introduced the following ordinance: AN ORDINANCE CHANGING THE NAME OF A STREET FROM KERITH DALE DRIVE TO SPICEWOOD LANE; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Himmelblau moved that the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmembers Cooke, Goodman Noes: None The Mayor announced that the ordinance had been finally passed. LAW ENFORCEMENT ASSISTANCE GRANT Mayor McClellan introduced the following ordinance: Mayor Pro Tem Himmelblau moved that the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmembers Cooke, Goodman Noes: None The Mayor announced that the ordinance had been finally passed. October 18, 1979 =CITY OF AUSTIN, TEXAS AGENDA ITEM PULLED Mayor Pro Tem Himmelblau moved that the Council pull from the agenda until October 25, 1979 an ordinance adopting the Energy Conservation in New Building Construction Ordinance. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmembers Cooke, Goodman Noes: None ANNEXATION ORDINANCES Mayor McClellan brought up the following ordinance for its second and third readings: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEXATION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 63.46 ACRES OF LAND, SAME BEING OUT OF AND A PART OF THE WILLIAM BELL SURVEY NUMBER 24, 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. (Requested by owner) The ordinance was read the second time and Mayor Pro Tem Himmelblau moved that the Council waive the requirement for the third reading, declare an emergency and finally pass the ordinance. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Mayor McClellan, Councilmembers Cooke, Goodman Noes: None Abstain: Councilmember Trevino The Mayor announced that the ordinance had been finally passed. CITY OF AUSTIN, TEXAS October 18, 1979 Mayor McClellan brought up the following ordinance for its second and third readings: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEXATION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 4.39 ACRES OF LAND, SAME BEING OUT OF AND A PART OF THE T.J. CHAMBERS 8 LEAGUE GRANT 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. (Requested by owner, C7a-79-003) The ordinance was read the second time and Mayor Pro Tem Himmelblau moved that the Council waive the requirement for the third reading, declare an emergency and finally pass the ordinance. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Mayor McClellan, Councilmembers Cooke, Goodman Noes: None Abstain: Councilmember Trevino The Mayor announced that the ordinance had been finally passed. Mayor McClellan brought up the following ordinance for its second and third readings. AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEXATION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 73.10 ACRES OF LAND, SAME BEING OUT OF AND A PART OF THE WILLIAM CANNON LEAGUE SURVEY NO. 19, 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. (64.60 acres requested by owner and 8.50 acres initiated by City, C7-79-008) The ordinance was read the second time and Mayor Pro Tem Himmelblau moved that the Council waive the requirement for the third reading, declare an emergency and finally pass the ordinance. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Mayor McClellan, Councilmembers Cooke, Goodman Noes: None Abstain: Councilmember Trevino The Mayor announced that the ordinance had been finally passed. CITY OF AUSTIN, TEXAS October 18, 1979 Mayor McClellan brought up the following ordinance for its second and third readings: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEXATION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 21.97 ACRES OF LAND, SAME BEING OUT OF AND A PART OF H.T. DAVIS SURVEY NUMBER 30 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. (Requested by owner, C7a-79-009) The ordinance was read the second time and Mayor Pro Tem Himmelblau moved that the Council waive the requirement for the third reading, declare an emergency and finally pass the ordinance. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Mayor Noes: None McClellan, Councilmembers Cooke, Goodman Abstain: Councilmember Trevino The Mayor announced that the ordinance had been finally passed. BARTON CREEK MORATORIUM Mayor McClellan introduced the following ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 790809-U (THE BARTON CREEK SUBDIVISION PLAT MORATORIUM) PROVIDING THAT THE MORATORIUM ON SUBDIVISION PLAT APPLICATIONS COVERING LAND LOCATED IN THE BARTON CREEK WATERSHED SHALL NOT APPLY TO RE-PLAT APPLICATIONS WHICH DO NOT REQUIRE ADDITIONAL AND/OR NEW ALLOCATIONS TO THE BARTON CREEK LIFT STATION; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. Mayor Pro Tem Himmelblau moved that the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmember Goodman Noes: Councilmember Cooke The Mayor announced that the ordinance had been finally passed. CITY OF AUSTIN, TEXAS October 18, 1979 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 16,320 SQUARE FOOT TRACT OF LAND, LOCALLY KNOWN AS 11603 JOLLYVILLE ROAD, FROM "0" OFFICE, FIRST HEIGHT AND AREA DISTRICT TO "LR" LOCAL RETAIL, FIRST HEIGHT AND AREA DISTRICT; SAID PROPERTY BEING LOCATED IN AUSTIN, TRAVIS COUNTY, TEXAS; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND PROVIDING AN EFFECTIVE DATE. (The Crown Shops, Inc. David Hart, President C14-79-174) Mayor Pro Tem Himmelblau moved that the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmember Goodman Noes: Councilmember Cooke 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 6.69 ACRE TRACT OF LAND, SAVE AND EXCEPT A 100 FOOT STRIP OF LAND WHICH IS TO REMAIN ZONED "C" COMMERCIAL, FIRST HEIGHT AND AREA DISTRICT, LOCALLY KNOWN AS 3929-4033 I.H. 35 AND 1600-1724 BEN WHITE BOULEVARD, FROM "C" COMMERCIAL, FIRST HEIGHT AND AREA DISTRICT TO "C" COMMERCIAL, SECOND 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. (Sarah E. Barrow Kemper and Texas Commerce Bank National Association, C14-79-109) Mayor Pro Tem Himmelblau moved that the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmembers Cooke, Goodman Noes: None The Mayor announced that the ordinance had been finally passed. October 18, 1979 CITY OF AUSTIN, TEXAS. 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: LOT 7 IN NILES GRAHAM'S SUBDIVISION NO. 1 OF A PART OF LOT NO. 1 IN THE SUBDIVISION OF 252 ACRES OF THE GEORGE M. SPEAR LEAGUE, LOCALLY KNOWN AS 1609 WEST 6TH STREET, FROM "B" RESIDENCE, SECOND 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 DECLARING AN EMERGENCY. (John Michael McGuire, C14-79-169) Mayor Pro Tem Himmelblau moved that the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance effective immediately. The motion, seconded by Councilmember Mullen, carried by the following vote: Ayes: Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmembers Cooke, Goodman Noes: None The Mayor announced that the ordinance had been finally passed. HAPPY BIRTHDAY JOHNNY Mayor McClellan announced that today is Councilmember Trevino's Councilmembers and Chamber audience rose and sang "Happy Birthday". birthday. Mr. Trevino expressed his appreciation for the good wishes. TRANSIT FARE INCREASES Mayor McClellan opened the public hearing scheduled for 6:45 Ρ.Μ. on Transit Fare Increases called by the City Council as a result of provisions for service that were adopted in the 1979-80 Annual Operating Budget. The current service level being provided by the Transit System is dependent upon the fare increases that have been recommended. Joe Ternus, Director of Urban Transportation, appeared before Council and stated: "The recommended fare increase has several basic economic justifications. Since October 1978 diesel fuel costs have risen 90%. Bus parts have increased an average of 30%. Wages for drivers are anticipated to increase 7%. In addition the budget provides for the relocation of a park and ride route along 183 and expanded service for our special transit services program. The transit budget which the City Council has approved is approximately $5,000,000 of expenditures. This figure is an increase of $900,000 over last year's expenditures. Additional revenues for the Transit System program must come from either additional fares, grants and/or General Fund transfers. The approved budget which the Council has already authorized provides for an additional $150,000 of Federal funds participation, and $425,000 of additional General Fund Transfer. We're recommending to you tonight the remaining part which is increased fares. Previously you have approved fare adjustments for October 18, 1979 CITY OF AUSTIN, TEXAS charter and contract services. And we're requesting that this fare for the general route service also be increased. The specific proposal is to provide for a 40¢ fare adults during peak hours and week days and 20¢ for elderly, handicapped and students and other children. There's an off peak fare for adults of 20¢ and a 10¢ fare proposed for children. On Saturdays and Sundays a 40¢ fare is proposed for adults, 20¢ for the elderly and 10¢ for children. In addition, tickets and passes are also requested to be modified to reflect these rates. This fare structure does not provide for any increase for ridership fares on the STS program and it does provide for reductions for elderly and handicapped citizens throughout the entire day. The Urban Transportation Commission, at its September 5th meeting, voted to oppose any increases in fares or any reduction of services for either the special transit services or the regular transit service program. While no one desires an increase in transit fares, I believe it is essential that the current transit services be maintained in order to conserve energy and provide mobility for our citizens. It is for this reason that we request your consideration of this proposed fare structure." Mayor Pro Tem Himmelblau asked, "How soon could we have an application for renewal of our contract with the Department of Human Resources to take care of their Medicaid recipients?" Mr. Ternus replied, "I think that would depend on the Department of Human Resources and their interest in such a contract. We could go into such a contract with just one week's notice on City Council's approval." Mrs. Himmelblau said, "I think we need to reapply. I wasn't aware until today that this $54,000 contract expired in 1978. And as long as they are doing this in every other county in the State of Texas, I don't know why we should be excluded." Mr. Ternus replied, "They have not been interested in contracting to this date." Mrs. Himmelblau said "Then I think they need to have some sort of a contractual arrangement with us for the special transit for the prople they were paying for in the past and I would like to ask the Manager to go ahead and resubmit on this type of contract." Mr. Ternus answered, "Be happy to." MR. BILL MOORE, Chairman, Urban Transportation Commission, appeared to state they feel there is no need for a fare increase. He said this is the time to promote public transportation and not to raise fares to discourage riders. Mayor McClellan stated, "I don't disagree with your philosophy of mass public transportation as we are going to be moving to that more and more. I think when you talk about what has to go up we are dealing with what has gone up and if you are going to continue the level of service we've had we are not going to be able to do it without a fare increase which I see as fairly reasonable. I am willing to look with you at where appropriate exemptions should be. .... We have a responsibility to see that we keep a sound system and a system that can support itself, and not allow it and city government to get into a state where you start having less services and quality....." Councilmember Cooke asked what would happen if the Urban Transportation Commission's recommendation to not raise fees is accepted. Mr. Ternus told him the 1979-80 Operating Budget would have to be amended by transferring $219,000 from the General Fund to Transit Fund. Discussion followed concerning the economy. Councilmember Mullen did not agree with Mr. Moore's philosophy of letting the Federal government subsidize more because this ultimately comes from the taxpayer's pocket. Mayor McClellan also noted that government cannot CITY OF AUSTIN, TEXAS October 18, 1979 continue without an increase in cost. Councilmember Goodman thought they should pursue the possibility of increasing the sales tax by 1¢ in order to obtain more funds. MARTHA ARBUCKLE, representing MIGHT, asked Council not to raise the fare for special transit and asked them to consider a½ price fare for the handicapped and mentally retarded. CELEST KROMAK, 4016 Duval, appeared in opposition to increased fares. She said the city should provide service and encourage the use of busses. JIM MULLER, a citizen, appeared, to discuss diesel fuel costs. He said MIGHT has done research on peanut and cotton oil for fuel and busses can run on these. He also pointed out what he thought was inefficient about the present bus lines and said he has an idea for a circle route which can connect 19 routes, make for more effecient transfer service for riders. He also discussed a pass system. Mayor McClellan expressed interest in his ideas and wanted to make sure Mr. Ternus has a copy of Mr. Miller's proposed bus route map. COOKIE SMITH, representing the Gray Panthers, spoke in opposition to increase bus fares. She said they do not support 1¢ increased in sales tax either. ED HOLDREN appeared before Council to state that if the system cannot support the system, then it should be scrapped. DAVE MCBRIDE expressed his agreement with the Urban Transportation Commission and the Gray Panthers. DOROTHY RICHTER aske for a more convenient schedule. FRANK HORSFAL, speaking as a citizen, expressed his disdain at the thought of getting rid of the system if it does not support itself. He said he does oppose the idea of increasing the sales tax. MOZELLE ROBERTSON, Gray Panther and a volunteer worker who as such has helped people use the bus, spoke against a fare increase. She requested that the bus schedule go back to a 30 minute interval. A man who did not identify himself, said he wanted to see the bus fare lowered. LARRY DEUSSER opposed a fare increase. He said he would like to see a merchant reimbursement plan to encourage bus riders. CITY OF AUSTIN. TEXAS October 18, 1979 RUTH MILLER, 3504 Gillis, said she and her husband depend on the busses for everything because they cannot afford to repair their car. She said all their bus riding adds up to a lot of money and spoke against the fare increase. A young man who did not identify himself stated he rides the bus every day and praised the system and the bus drivers. He asked Council not to raise the fare as he cannot afford it. BILL SCARBOROUGH, 2000 Pearl Street, said he recommends the 1% increase in sales tax rather than an increase in bus fares. Motion A motion was made by Councilmember Trevino, seconded by Councilmember Goodman to uphold the recommendation of the Urban Transportation Commission. reading: Substitute Motion Mayor McClellan brought up the following ordinance for its first AN ORDINANCE REPEALING ORDINANCE NO. 781214-R; ESTABLISHING THE RATES TO BE CHARGED FOR USING THE AUSTIN TRANSIT REGULAR ROUTE SYSTEM; PROVIDING FOR NO CHARGE FOR ZONE CHANGES; PROVIDING FOR TRANSFERS; ESTABLISHING CHARTER SERVICE FEES; ESTABLISHING CONTRACT SERVICES FEES; AND PROVIDING AN EFFECTIVE DATE. The ordinance was read the first time, and Mayor Pro Tem Himmelblau moved that the ordinance be passed to its second reading. The motion, seconded by Councilmember Cooke, carried by the following vote: Ayes: Mayor McClellan, Councilmember Cooke, Mayor Pro Tem Himmelblau, Councilmember Mullen Noes: Councilmembers Snell, Trevino, Goodman The Mayor announced that the ordinance had been passed through its first reading only. PUBLIC HEARING SEPTIC TANK ORDINANCE Mayor McClellan opened the public hearing scheduled for 7:00 P.M. on the following: Amend Septic Tank Ordinance to allow use of the evapotranspiration systems. Amend appropriate ordinance to allow collective systems. Consideration of any other innovative techniques of handling sewerage. CITY OF AUSTIN, TEXAS October 18, 1979 Mayor McClellan announced, "We have not had the proper legal notice on this public hearing and that means we can certainly hear this evening from anyone who wants to speak but we must continue this public hearing at a future date when we have posted the appropriate legal notices. Council has received recommendations from the Planning Commission and from the City staff in three areas. The use of evapotranspiration systems, collective systems and other innovative systems. These recommendations represent a significant step forward in allowing the use of alternative methods of sewage disposal in Austin and in our ETJ. The amendments which the Council is considering tonight could greatly effect the nature of growth and development in the Austin area and at the same time we are concerned about the protection of public health and the environment." DR. ALBERT RANDALL, Director, City/County Health Department, gave the following report: As the area around Austin grows so does the need to provide a safe and reliable sewage disposal method. Most of the land surrounding Austin which meets current sewage disposal regulations has been developed. Therefore, we have been asked to review other reliable methods of sewage disposal which may be added to the current regulations for development of property. Currently a satisfactory method of sewage disposal is usually the factor that determines if property can or cannot be developed economically. With the Lower Colorado River Authority's (LCRA) experience with four-hundred evapotranspiration systems (E-T) in their jurisdiction in the Highland Lakes area and the success they have had, we believe the E-T system can be used as an alternate method of sewage disposal. Of these four-hundred systems approximately 65% are used year-round with only 3% failures, all of which were repairable. Supported by this experience we believe we can add the E-T system as a method of individual sewage disposal in those areas where the soils have absorption rates that are too slow, or too fast, or where the underground water is too near the surface for a conventional septic tank and soil absorption system. E-T systems, as the name implies, dispose of the septic tank effluent by evaporation into the atmosphere and transpiration by plants. (see attachments c and d no attachments found) Construction is similar to a soil absorption system except the disposal field area is much larger and is divided into two beds which are used alternately. The E-T beds must be constructed with an impervious liner, where percolation rates are too high and the effluent would be released into the substrata with little or no filtration, or where the slope of the ground is too steep. The beds are deeper than minimum State standard and with the additional size they can have more storage capacity during rainy weather. The E-T system does have its limitations, however. The most obvious of which is the cost. Since the bed size is larger than the absorption beds and they often must be lined with concrete or a heavy plastic sheeting, and require considerable hand labor, the cost is $10,000 or above. If they are built in an inaccessable area such as on a sharp slope, the cost can be much higher. There are also the health and environmental questions which still have not been completely answered. CITY OF AUSTIN, TEXAS October 18, 1979 Most of the published literature indicates E-T systems will not work yearround in Central Texas because the rainfall rate generally exceeds the evapo- ration rate for at least three months of the year. On the other hand, the Texas Department of Health (TDH) and the LCRA have published regulations which allow E-T systems and they claim they are operating satisfactorily in the Austin area. There is also a concern about the homeowner who is responsible for switching the beds periodically to alternate the load. Failure to perform this duty can cause the bed to everflow. Because of this possibility, we recommend an automatic switching device to alternate the beds. The proposed ordinance revision should cover the approval of E-T systems for individual lot use in new subdivisions, the approval of collective sewage disposal systems. and the approval of innovative sewage disposal systems. The following is the staff recommendation agreed on by the Austin-Travis County Health Department (ATCHD), Environmental Resource Management, Engineering, and the Planning Departments. Since the Health Department is the regulatory agency for this ordinance, we feel very strongly about our recommendations and hope that the appropriate weight will be given to them by the City Council when it adopts the ordinance amendment. To minimize the potential impact to public health and the environmental subdivisions in which all or part of the lots cannot be approved for use with conventional absorption systems may be approved for development subject to the following conditions: 1. The average lot size must be one acre or greater. 2. The minimum lot size must be 3/4 acre. 3. Each lot must contain at least 5,000 square feet of area with less than 25% slope, which must be available for use as a part of the E-T system. 4. No lot may be resubdivided until a sanitary sewer is available. 5. All lots will be restricted to single family residences. The commercial systems are covered under the current regulation. 6. E-T systems must be installed outside of the 25-year flood plain. 7. The Texas Department of Health Construction Standards for Private Sewage Facilities adopted November 30, 1977, as modified by the Lower Colorado River Authority Supplemental Standards shall apply. 8. A mean pan evaporation rate of 70.0 inches per year is to be used in calculating evaporation bed size. 9. Specific types of liners which can be utilized are reinforced concrete, reinforced concrete block which has been internally sealed, or a plastic type impervious liner (Hypalon, PVC or equivalent) which is backed with a 12 inch layer of impervious clay. CITY OF AUSTIN, TEXAS October 18, 1979 10. An automatic switching device must be provided to periodically alternate the beds. Collective sewage disposal systems which are not permitted by the Texas Department of Water Resources are reviewed and approved by TDH. The collective system plans should be submitted to both the ATCHD and TDH so a staff review can be conducted and the ATCHD recommendations forwarded to TDH for consideration in their review and approval. In discussions with TDH staff, this proce- dure has been established and followed on the previously submitted collective systems. To aid in the development of new and innovative designed sewage disposal systems, the ATCHD will consider the following elements to insure the protection of public health and the environment in our review of the proposed design: 1. The use of an aerobic or other innovative system should be encouraged as outlined in rule .002 (b) (2) of the Construction Standards of Private Sewage Facilities of the Texas State Health Department. 2. The submitted innovative design be drawn to scale relative to site and dwelling in question and that a registered engineer's seal be attached to the innovative design, drawing and specification. 3. On completion of the innovative design installation a registered engineer's certification be required indicating that the installation has been inspected and installed per the design. 4. At some future date as deemed prudent by the Health Officer, based on experience and knowledge, a specific innovative design may then be judged acceptable and not require an engineer's seal and certification of the installation. 5. Short form subdivisions will be reviewed for development with innovative systems if the building and sewage disposal system plans are submitted for each lot in the short form subdivision. Jim LaChance appeared before Council to state he is for ET systems if they are done correctly, but the city should not experiment with them to find out whether or not they are satisfactory. HOYLE OSBORN had four questions concerning ET systems. He said there is a gap in the ordinance concerning soil absorption, and suggested State Health Department regulations be incorporated into the Ordinance. He wondered why two beds are needed when they are not both used and expressed objection to the alternate valve system, and said a lining is not needed for clay soil. =CITY OF AUSTIN, TEXAS October 18, 1979 TOM WATTS, who works in subdivision engineering, was concerned about the lot size requirement. ED ENGBERG asked Council to consider the accuracy of claims by proponents of the systems. He thought there were errors in calculations and asked Council to consider the systems and then decide on the best possible one. TRUETT KRAFT, representing England Systems, stated their system is an on site sewage disposal system which does work. He stressed maintaining individual on-site systems which are constantly controlled. JIM ROSE endorsed the aerobic system because it gives clean water and urged Council to authorize the aerobic system. A woman who did not identify herself showed slides of an ET system under construction and what it looks like finished. KEN MANNING, representing Sierra Club, said a plastic liner is not needed when there is clay and that an automatic switching device in not necessary. He recommended a one acre lot size and thought the city should estab- lish their own system. He encourages the aerobic system. Motion Councilmember Mullen made a motion to have the public hearing continued on November 8, 1979 at 2:30 P.M., and passage of ordinance. Councilmember Goodman seconded by motion. Councilmember Mullen explained that at the time of the continued public hearing the drafted ordinance can be passed or not passed, or modified or amended. He said they should also post to discuss a change in the ordinance to the collective systems and also the innovative system and aerobic system. He continued, "I also would like it known publicly that I doubt we will do anything on November 8th but pass on the ET systems and then continue the hear- ing after that on the other items because I still think there are some items of information the whole Council needs. But we will post for all and continue the public hearing to a date certain so we won't have to continually post in the newspaper." Mr. Albert DeLaRosa, Assistant City Attorney, asked how Council will come up with a collective system ordinance change. Mr. Mullen said, "What the problem is we will have to continually post this in the newspaper every time we have a hearing and I'm trying to overcome that expense as opposed to doing it every time, so all I'm saying, come up with a proposed ordinance change and we can put what's in here now and then amend it later on. That way we will not have to post it every week until we finally come to a conclusion." CITY OF AUSTIN, TEXAS October 18, 1979 Councilmember Goodman stated, "I want to be fully satisfied that will include the possibility of making these changes that are on these three sheets here." He asked Mr. Albert DeLaRosa if he understood that Councilmember Mullen's motion does make it possible for Council to consider the following changes. (listed on the following pages.) Mr. Albert DeLaRosa answered yes. Mr. Goodman gave the changes to City Clerk Grace Monroe. AMENDMENT OF SEPTIC TANK ORDINANCE 1. Individual Lot Use: The question in regards to individual lot use ultimately revolves around soil conditions, vegetation, and topography and how they relate to lot size, and the number of lots requiring E-T in any area (subdivision). Recommendation: Proposed subdivisions which have soil conditions which are considered marginal or unsatisfactory for development with standard absorption systems may be approved with the stipulation that evapotranspiration systems shall be required on those lots where standard absorption systems would not be satisfactory, subject to the following conditions that: 1. The minimum lot size within a subdivision be at least one aree. 2. Each lot must contain at least 5,000 square feet of area with less than 25% slope, which must be available for use as a part of the E-T system. 3. Lots shall be restricted against resubdivision and lots shall be limited to a maximum of one family dwelling per lot until such time as a sanitary sewer collection and treatment system is available to the subdivision. 4. E-T beds must contain a liner, except in areas of Taylor and Navarro Clay. Specific types of liners which can be utilized are reinforced concrete, reinforced concrete block which had been internally sealed, a plastic type impervious liner (Hypalon, PVC or equivalent) or hot-mopped asphalt (minimum five-ply) which is backed as per regulations provided by the Lower Colorado River Authority, Supplemental Standards to Texas Department of Health Construction Standards for Private Sewage Facilities. 5. E-T systems must be installed outside of the 25 year flood plain; with½ the bed area outside the 100 year flood plain. CITY OF AUSTIN, TEXAS October 18, 1979 6. State Department of Health Construction Standards for Private Sewage Facilities adopted November 30, 1977 as modified by the Lower Colorado River Authority Supplemental Standards shall apply. A mean pan evaporation rate of 70.0 inches per year is to be used in calculating evaporation bed size. II. Collective System: Collective E-T systems are regarded as public systems by the Texas Department of Health and are approved as such. Collective systems uses are viewed as being beneficial in that they reduce costs and necessitate that dwelling units be clustered on only a portion of developed acreage thereby leaving large portions of any developed tract in a more natural state (common areas). Recommendation: That the City-County Health officials approve Collective E-T Systems subject to Texas Department of Health and subject to the following conditions that: 1. The gross density (gross density shall be construed and defined as the total number of residential lots divided by the total acreage within the perimeter of a subdivision) of the subdivision shall not exceed one dwelling unit per acre. 2. The amount of area within the subdivision that must be available for use as part of the E-T system shall contain at least 5,000 square feet of area per dwelling unit with less than 25% slope. 3. E-T beds must contain a liner, except in areas of Taylor and Nararro Clay. Specific types of liners which can be utilized are re-inforced concrete, re-inforced concrete block which has been internally sealed, a plastic type impervious liner (Hypalon, PVC or equilvalent) or hot-mopped asphalt (minimum five-ply) which is backed as per regulations provided by the Lower Colorado River Authority, Supplemental Standards to Texas Department of Health Construction Standards for Private Sewage Facilities. 4. E-T Systems must be installed outside of the 25 year flood plain; with the bed area outside the 100 year flood plain. 5. State Department of Health Construction Standards for Private Sewage Facilities adopted November 30, 1977, as modified by the Lower Colorado Authority Supplemental Standards shall apply. A mean pan evaporation rate of 70 inches per year is to be used in calculating evaporation bed size. III. Aerobic Systems: Recommendations: CITY OF AUSTIN, TEXAS October 18, 1979 1. That the City-County Health Officials approve Aerobic Systems as outlined in Rural .002(b) (2) of the Construction Standards of Private Sewage Facilities of the Texas State Health Department. 2. That submitted Aerobic System designs be drawn to scale relative to site and dwelling in question and that a Registered Engineer's seal be attached to the Aerobic System design drawing and specification. 3. Upon completion of the installation of the Aerobic System, a registered Engineer's certification be required indicating that the installation has been inspected and installed as per the design drawing and specification. 4. That the City-County Health Officials approve only those Aerobic Systems that have been approved by the National Sanitation Foundation of Ann Arbor, Michigan. 5. That at such time as deemed prudent by City-County Health Officials, based on experience and knowledge, an aerobic system may then be judged acceptable without an engineer's seal. IV. Innovative System Uses: Recommendation: 1. That submitted innovative designs be drawn to scale relative to site and dwelling in question and that a Registered Engineer's seal be attached to the innovative design and specification. 2. Upon completion of the installation of the innovative design a registered Engineer's certification be required indicating that the installation has been inspected and installed as per the design drawing and specifications. 3. That at such time as deemed prudent by City-County Health Officials, based on experience and knowledge, a specific innovative design may then be judged acceptable without either an engineer's seal or certification of installation or both. 4. Short form subdivisions will be reviewed for development with innovative systems if the building and sewage disposal plans are submitted for each lot in the short form subdivision. CITY OF AUSTIN, TEXAS- October 18, 1979 Mr. Albert DeLaRosa stated, "One other final point is that the reason why we're having this notice problem right now is that the septic tank ordinance contains explicit provisions in that ordinance that any supplement, change or revision of any of the regulations therein, must be posted in the newspaper for a specific time period. If the Council wants to amend that particular section to delete that requirement that there be actual posting in the newspaper, you need to direct us as well within the notice that will be published for the meeting on the 8th." Amendment to Motion Councilmember Mullen amended his motion to include the above. Councilmember Goodman affirmed his second to the amended motion. Roll Call on Motion with Amendment Roll call on amended Motion, showed the following vote: Ayes: Councilmember Trevino, Mayor McClellan, Councilmembers Cooke, Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell PUBLIC HEARING ON VACATING OF ALLEY Mayor McClellan opened the public hearing scheduled for 7:30 P.M. on vacating the following; and passage of Ordinance: A portion of the East-West Alley which traverses Block 25 of the original city of Austin, located between Rio Grande Street, Nueces Street, Third and Fourth Streets. (Requested by Stuart Benson for Covert Industries, owners) Mr. German, Director of Public Works, advised Council that the vacation is in order and is recommended. No one appeared to be heard. Mayor McClellan introduced the following ordinance: PERPETUALLY CLOSING AND VACATING A PORTION OF THE EAST-WEST PUBLIC ALLEY, SOMETIMES CALLED WEST THIRD STREET ALLEY, AND PARTICULARLY DISCRIBED BY METES AND BOUNDS IN EXHIBIT "A" ATTACHED, TRAVERSING BLOCK 25, ORIGINAL CITY OF AUSTIN PLAT BETWEEN RIO GRANDE STREET, NUECES STREET, THIRD AND FOURTH STREETS; VACATING SAME TO COVERT INDUSTRIES OF AUSTIN FOR FAIR MARKET VALUE; RECORDING FINDINGS; PRESCRIBING RELOCATION OF CERTAIN UTILITY FACILITIES; SUSPENDING THE ORDINANCES READINGS RULE, AND, THUS PERMITTING ENACTMENT AND EFFECT ON DAY OF INTRODUCTION; AND DECLARING AN EMERGENCY. CITY OF AUSTIN, TEXAS October 18, 1979 Councilmember Cooke moved that the Council close the public hearing, waive the requirement for three readings, declare an emergency and finally pass the ordinance effective immediately. The motion, seconded by Councilmember Trevino, carried by the following vote: Ayes: Mayor McClellan, Councilmembers Cooke, Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino Noes: None The Mayor announced that the ordinance had been finally passed. CAPITAL CABLE COMPANY CONTRACT Mayor McClellan opened the public hearing scheduled for 8:00P.M. on modification to and extension of existing contract between the City of Austin and Capital Cable Company. MR. TOM CURTIS, attorney, representing Capital Cable Company, asked Council to extend the existing contract for 20 years. He outlined a history of the Capital Cable Company's growth and performance, and stated that if the waiver is granted, they will add a Chicago station. He said a random survey done by Emory and Young shows that 90% of the viewers connected to Cable have no problems. They plan to convert to a 30 channel system and it will take two years to convert, that is a major reason why they are asking for the extension of the contract now. He said with the extension of the contract they propose to give the following services in the future, at a continued $4.95 monthly service charge: the 11 current channels plus Atlanta, Dallas and Chicago: PBS; public access channel; public education channels, 1 government channel, 1 children's channel, 1 news channel, a Madison Square Channel, an all Black channel and a sports channel. They will also add more paid TV options. He said he thought the first review of Capital's performance should come 3 years from the extension. Mayor McClellan asked Mr. Curtis what he thinks of bringing in a consultant at this time to advise Council concerning the direction the city should take with cable television. Mr. Curtis said, in his opinion, Capital is talking about doing so much in the future that to bring in an expert to make a study would be a waste of the city's money. Councilmember Goodman asked if Capital would share in the cost of a consultant or pay the cost of one at this time. Mr. Curtis said he would have to answer that question later. BILL EMORY, of Emory and Young, who conducted the Opinion Survey of Cable Television Subscribers, appeared before Council and passed out copies of the survey tabulation. He reviewed the questions asked and the tables contained in the survey. The conclusion is that overall, Capital Cable subscribers are happy with the system as it exists. CITY OF AUSTIN, TEXAS October 18, 1979 STEWART DELUCA, Austin Video Council, said the cable reception is poor, there is not cable TV in east Austin, and thought any promises made by Capital Cable be looked at carefully. He questioned whether they can continue to provide their services for $4.95, and recommended Council appoint a study commission. BARBARA NOBLES, League of Women Voters, said cable TV should be a public utility, and urged Council to study carefully what will be the best cable TV system for Austin. DON EPPERSON said he was 100% behind Capital Cable and found them to be most cooperative. As a member of the Mormon Church, he asked Capital Cable to connect with the satellite in Salt Lake City so the 3,000 members of the Mormon Church in Austin could watch the Annual Conference on Television. Capital did so, at considerable expense and time. JOAN KOCHERA, resident of Southhampton Subdivision in South Austin, said she would like to have cable service but cannot get it at this time. She said the residents of her area would like to be able to receive Cable. DAVID ANDERSON, who teaches law at UT, appeared before Council to say there are going to be so many rapid advances in television that no one knows what the future will hold. He thought Council should wait three years before renewing a contract. CHUCK KOSNER also spoke to the rapidly changing technology and did not think the city should lock itself into a 20 year contract. JEAN NIPER, AISD representative, said they have an interest in cable TV because of the educational channels and hopes that the City Council will allow AISD to look closely at the service offered. BENNY HURZOG, UT student, said he has studied the cable industry and believes Austin deserves a better system than the one we now have. He thought Council should appoint a committee to study cable coverage in the area. SARA MONTEVANI appeared before Council from Austin Community College. She said they would like a separate cable channel for ACC. MARILYN SIMPSON, president, Austin Neighborhood Council, urged Council to reject an early renewal and asked that a committee be set up to study with a consultant hired and paid for by whoever gets the contract. BOB BROOKING said he is completely happy with the 12 channels he can now get on cable and doesn't need any more service. NEAL FELDMAN commented that technology is growing so rapidly, no one can predict what will happen in the next 20 years. He thought Council should look hard at what the future might hold before making long range commitments. October 18, 1979 CITY OF AUSTIN. TEXAS SCOTT POE, Communications Law professor at University of Texas, appeared to state Austin should have an expert study now of the future of cable TV in the area and that the FCC is no longer hindering cable growth in Austin. JERRY PRESLEY, graduate student of business at the University of Texas, teaches a class in satellite programming. He also said TV is a booming industry and much will happen in the near future. He urged the conducting of a thorough objective study. LESLIE CASE appeared and expressed approval of Capital Cable TV company policies and goals. JACK HABER thought the contract should be rewritten in franchise ordinance style. He recommended Council delay action on the contract for 6-12 months while a consultant makes a study. LORENZO PHILLIPS, president, ACTV, thanked Capital Cable for their assistance with their programming. He requested that 1% of the franchise fee be set aside for public access. RICHARD MATHEWS, CenTex Television, supports a six month delay before deciding on a contract extension, and the hiring of a consultant. MR. MATHEWS appeared and said we have enough channels already and he is happy with what we have. M.W. WAYNE, research engineer at University of Texas, stated Austin has never had a good quality TV signal. If the proper equipment is used it can be accomplished. TOM CURTIS, reappeared for the summation. He said Capital Cable is reviewed annually by FCC and they are in compliance with their regulations. He said they are adding microwave sites and that they have tried to have citywide service ever since they began. Cable TV is now available in 95% of the city. He discussed use of the studio they have and said people who are properly trained can use the equipment and studio for $20.00 an hour for non-ACTV, but this is being deleted. If they change to thirty channels, a converter will be sold for a nominal fee at Sears, Radio Shack, etc. for $30-40.00. Thus the charge for conversion will not be exhorbitant. He said Capital will provide ACC with their own channel. Mr. Curtis discussed a two-way system and said it would cost $7-10,000,000 to install. The whole system as it is now cost $25,000,000 so he does not see the advisability of two-way at this time since it is in the experimental stage. Councilmember Snell pointed out that Capital Cable's hiring practices of minorities has not been good thus far and wonders if their affirmative action will get better. Former Mayor Jeff Friedman, attorney for Capital Cable, told Councilmember Snell that there is a commitment on the part of Capital Cable concerning affirmative action. Mr. Curtis commented that as a whole, if they were not proposing substantial changes now an expert would be needed to study the cable _ CITY OF AUSTIN, TEXAS October 18, 1979 television situation in Austin, but their track record is good. BRUCE LOVETT, consultant, who has been in the cable TV business for 15 years, said he was in the Council Chamber because of his regard for George Morrell who is vice president of Capital Cable. He spoke to two-way television which he said would cost $1,000 to $2,000 for an individual to install. He said it is connected for burglar and fire alarms, but on the whole does not operate well. He said he did not feel that a majority of the people would be willing to put out the kind of money they would have to in order to be on two-way. Mayor Pro Tem Himmelblau said she realizes the city could go within 3% of the gross receipts and the city would not have to share their assets with anyone. If they go above the 3% then something would have to be plowed back in. "What I am interested in is 3% of the total gross receipts, which would include any of the pay-as-you-go, home box office, and whatever is to come in the future...we were tied in and are still tied in at 2% gross receipts. That is considered a bad contract now...it was written 16 years ago. None of us know what is on the future horizon and I think the pay part of it... the individual's perogative what they want to select is going to be a big part of it. I need to protect the city for all they could gain as far as gross receipt tax." Mr. Curtis said that from what they can anticipate there is no problem with 3% of all the revenue. Councilmember Cooke asked, "Is it correct, or is it incorrect that at a point in the last two years Capital Cable made a decision in their interpretation of the contract that you would provide in gross receipts just that funding from the basic service and just within the city limits in this area." Mr. Curtis explained, "One issue was the custom installation jobs that we do, we do mostly out of necessity. Somtimes we bid those jobs and those we bid against don't have a 2% or 3% franchise fee to add on to their bid. We discussed the possibility with some assistant city attorney several years ago of spinning off a subsidiary corporation just to handle the business because we did not want to be at a disadvantage. We really don't want to do it as a profit center. We want to do it because we know what is in there then and it integrates with our equipment. So we took the position it was never contemplated in the contract. The City Attorney took the opposite position because it was arguable when it said 2% of all facets of the business...that's pretty broad language. On that particular one we settled by just about paying everything you asked for. ... We pay 2% on HBO." Councilmember Goodman said we don't have the right to set the rate for HBO but do have the right to set the rate for standard service. CITY OF AUSTIN, TEXAS October 18, 1979 Motion Councilmember Goodman moved that the Council close the public hearing, delay decision for 6-12 months and direct the City Manager to prepare recommendations for selection of a consultant to serve the Council in determin- ing whether Capital Cable's proposal should be considered for extension. The motion was seconded by Councilmember Cooke. Councilmember Cooke stated, "I second the motion and want to make some additional amendments or clarifications. I want to say at the outset that I appreciate the upfront integrity of Capital Cable to do the survey that they had tonight. I wish we had this kind of analysis and results on a more on-going basis in the last couple of years. I think it's very good they have done this tonight. I also think it commendable that they had some expert testimony here tonight at their own expense...not Capital Cable's but the individuals. I feel the contract in a lot of ways, or a potential consultant needs to address a lot of issues and in looking at the contract in itself I have concerns about what is a reasonable franchise fee, gross revenue receipts programming and access requirement, service standards, cable extension plan, technical standards, length of the agreement, and regular review, fee to subscribers including paid TV, facilities and equipment standards, and reporting requirements. I say this because whether the FCC does or does not regulate, and if it does, I think it is even more imperative that cities carefully weigh franchise agreements such as this one and I think we have a com- mitted responsibility. I recognize the economics of business but I also feel an encumbered responsibility sitting here as a business man, to make sure we do what is in the best interest of the citizens." "Mayor McClellan said, "I assume those things you were pointing out were not inclusive." Councilmember Goodman said, "Right, we will have the opportunity to add to that list in any way we so feel." Mr. Cooke said, "That is not an exclusive list." Amendment to Motion Councilmember Goodman amended his motion by stating "City Manager to come back with suggestions 90 days or sooner." Councilmember Cooke accepted the amendment. Friendly Amendment to Motion Councilmember Cooke offered an amendment that as a sign of good faith the franchiser will be asked to pay the consultant's fee. Councilmember Goodman accepted the friendly amendment. Roll Call on Motion with Amendments Roll call om motion with friendly amendments showed the following vote: Ayes: Councilmembers Cooke, Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Trevino, Mayor McClellan Noes: Councilmember Snell -CITY OF AUSTIN, TEXAS October 18, 1979 PARADE PERMITS Councilmember Trevino moved that the Council approve the following request for parade permit: Request for a Parade Permit from Michael W. Hyde, for St. Thomas More Men's Club, St. Thomas More Catholic Church, from 9:00 a.m. to 11:00 a.m., Saturday October 27, 1979, beginning from Parliament Saturday to Barrington Way, Jollyville Rd., Broad Oaks, Fire Oak, Oakview, Danwood Drive, Barrington Way, Greenwich, Maidenstone, Blackmoor, Henge, Sutton Place, Barrington Way, DK Ranch, Danwood, Oakview, Broad Oaks, Jollyville, Barrington Way to Parliament (6.2 miles) The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan Noes: None Not in Council Chamber when roll was called: Councilmember Cooke Councilmember Trevino moved that the Council approve the following request for parade permit: Request for a Parade Permit from Jack Holford, for Travis County Texas Ex-students Association, from 8:30 a.m. to 10:00a.m., Saturday November 3, 1979, beginning Ex-students Association and Memorial Stadium on San Jacinto, up 23rd to Red River and back on San Jacinto, down to 24th through campus and back to starting point (3 miles). The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan Noes: None Not in Council Chamber when roll was called: Councilmember Cooke CITY OF AUSTIN, TEXAS October 18, 1979 Counci Imember Trevino moved that the Council approve the following request for parade permit: Request for a Parade Permit from Lee Boyd Montgomery, Jr. for Texas Tech Saddle Tramps and Texas Tech University Band, from 11:00 a.m. to 12:00 noon, Saturday, November 3, 1979, beginning from State Capitol grounds, east on 11th Street to Trinity, north on Trinity to Memorial Stadium. The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan Noes: None Not in Council Chamber when roll was called: Councilmember Cooke Councilmember Trevino moved that the Council approve the following request for parade permit: Request for a Parade Permit from Dorothy Madison, for International Year of the child/A Capital Celebration/Our Next Generation, from 2:00 p.m. to 4:30 p.m., Sunday, November 11, 1979, beginning Congress Avenue and 3rd Street to Capitol. The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan Noes: None Not in Council Chamber when roll was called: Councilmember Cooke CHRISTMAS TREE LOT Councilmember Trevino moved that the Council approve the request of Mr. Barkley Garner, representing South Austin Optimist Club, for the use of city property located just south of the Lamar Bridge and 315 feet deep in the Decker League 1-0502-0101, for the sale of Christmas trees. The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan Noes: None Not in Council Chamber when roll was called: Councilmember Cooke -CITY OF AUSTIN, TEXAS October 18, 1979 TEXAS LAW SCHOOL PARTY Councilmember Trevino moved that the Council approve the request of Mr. Willie Kocurek, representing the Student Bar Association, to extend the time from 12:00 midnight to 1:00 a.m., Friday November 2, 1979 at Fiesta Gardens for annual party of all student body of University of Texas Law School. motion, seconded by Councilmember Goodman, carried by the following vote: The Ayes: Councilmember Goodman, Mayor Pro Tem Himmelblau, Councilmembers Mullen, Snell, Trevino, Mayor McClellan Noes: None Not in Council Chamber when roll was called: Councilmember Cooke OPPOSITION TO PARKING FEE MR. MARK WILSON, registered nurse, Brackenridge Hospital, appeared before Council to oppose the increase in parking fees at Brackenridge Hospital from $3.00 to $12.00. Mayor McClellan said there will be an item concerning this on next week's agenda. PROTEST AGAINST POSTAGE FOR ENVELOPES BETTY PHILLIPS, Save University Neighborhoods Association, appeared before Council to speak against having to send in a self addressed stamped envelope if citizens want to receive agendas for board and commission meetings. The Mayor pointed out to her that there are 70 neighborhood associations and the number is increasing, and there are 48 boards and commissions. The cost of postage, envelopes and secretarial time for the city is prohibitive to provide the mailing of agendas as a free service. CITIZEN DID NOT APPEAR MS. MARTHA MEACHAM had requested to appear before Council to speak in behalf of safe bike lanes in Austin. She did not appear. GRIEVANCE PROCEDURE MR. MARK ANTHONY MARIANI appeared before Council to report on grievance procedures. Mr. Harris, City Attorney, requested he submit a report to him. midnight. RECESS Council recessed at 11:45 and resumed its recessed meeting at 12:00 October 18, 1979 - CITY OF AUSTIN, TEXAS CABLE FRANCHISE EAST OF I.H. 35 Mayor McClellan opened the public hearing scheduled for 8:30 P.Μ. for a cable TV franchise east of I.H. 35 requested by Mr. Lucius Moore Jr. MR. MOORE appeared before Council to state he has studied the possibility of obtaining a cable TV franchise for years and has done an in depth study. JACKIE WILSON read his background and outlined what the system he proposes will do. Mayor McClellan commented it would be a good idea to have the consultant discussed under Capital Cable TV look into this proposal also. MR. MARK INMAN asked the Council to issue a franchise to Mr. Moore. It would be competition and more than one cable company is needed. JESSETTA HAGGAR, a student at Huston-Tillotson College, spoke in favor of Mr. Moore's request. She said it should be allowed because people would have access to the use. LUCIUS MOORE summarized his presentation by saying he has traveled around and learned a lot about cable television. He thought Council should do the same. He said he did his own survey of his proposed area and people want it. Councilmember Snell stated that there is a real need for cable TV in the section proposed by Mr. Moore. Motion Councilmember Trevino moved that the Council close the public hearing and have the consultant, which may be hired to study cable TV in Austin, take this into consideration also. The motion, seconded by Councilmember Snell, carried by the following vote: Ayes: Councilmembers Mullen, Snell, Trevino, Mayor McClellan, Councilmembers Cooke, Goodman, Mayor Pro Tem Himmelblau Noes: None HOME OCCUPATION ORDINANCE The Mayor opened the public hearing, scheduled for 8:30 P.M. to amend the Zoning Ordinance to allow home occupations in residential use districts. Mr. Albert DeLaRosa outlined the recommendations the Planning Commission has submitted to the City Council labeled as Draft No. 14. (COPY ON FILE IN CITY CLERK'S OFFICE) Currently, he said, tailoring, tutoring, and dressmaking are the only in-home occupations allowed. CITY OF AUSTIN, TEXAS October 18, 1979 DAVID BODEMAN, a member of the committee who went over the ordinance, explained it further to Council. STUART BYER, Direct Zoning Organizer, representing Mary Kay, Avon, Amway, etc. appeared in support of the intent of the ordinance. He pointed out though that Paragraph E, Section 1 would make it seem representatives of these products are technically in violation if the customer picks up merchandise at the presentatives house. He asked that this paragraph be clarified to allow this type of sale. Mayor Pro Tem Himmelblau wondered what could be added to protect the sales people for Amway, Avon, Mary Kay, etc. She said the Council does not want to jeoparidize those peoples ability to make a living. Mr. DeLaRosa said that as the law stands those activities are illegal at the present time, and Councilmember Cooke thought it ridiculous that the law is on the books and not enforced. Mayor McClellan requested the City Attorney to look into this and advise Council. DON BIRD appeared before Council and said there is concern regarding Sec. 1b for the mobility impaired. He said someone should be allowed to help them. As it is, only a member of the family may do so. Another concern is the 3 visits per day allowed at a home. In some cases of the mobility impaired there would be more than 3 visitors a day. Mr. DeLaRosa said that currently the ordinance allows for one member, not in the family, allowed to help the mobility impaired. JIM BOWMAN appeared in support of the ordinance. He thought a clause should be added whereby those engaged in home occupation should not be allowed to be listed in the yellow pages. He favored the ordinance as drafted. MARJORIE ALGO, a realtor, said she operates her business from her home and it would be a hardship if she cannot. LARRY DEUSSER appeared before Council and expressed concern over the way Paragraph E is written. Councilmembers Mullen and Cooke discussed this with him. They said they cannot ignore a law as it is written and wondered how the paragraph could be changed. BETTY PHILLIPS, Save Our University Neighborhood, said she thought the ordinance would have a positive effect on their neighborhood and thought it should be fine tuned for the mobility impaired. JOHN MEINRATH, an attorney, asked Council to exempt any case now pending before City Council if the ordinance is amended tonight. MARILYN SIMPSON said the city ordinance should not be changed unless there is a need. She said the ordinance is not in the best interest of business and votes against it. October 18, 1979 CITY OF AUSTIN, TEXAS MARK HANNA, an attorney who was on the committee, stated he practices law at home on occasion. DAVID BODEMAN reappeared to state that in their discussion of the ordinance, the one item the board agreed upon was no direct selling from the home. Mr. DeLaRosa said he could come back in one week with a proposal for Council concerning Paragraph E, Section 1. Motion Councilmember Cooke moved that the Council close the public hearing on amending the zoning ordinance to allow home occupations in residential use districts, and come back in one week with revised wording of Part 1, paragraphs b. and e. The motion, seconded by Councilmember Trevino, carried by the following vote: Ayes: Councilmembers Snell, Trevino, Mayor McClellan, Councilmembers Cooke, Goodman, Mullen Noes: None Not in Council Chamber when roll was called: Mayor Pro Tem Himmelblau PUBLIC HEARING SAND BEACH RESERVE PARK FOR PARKING PURPOSES Mayor McClellan opened the public hearing scheduled for 9:00 Ρ.Μ. on Sand Beach Reserve Park Land for parking purposes. She pointed out that on May 17, 1979 the Council held a public hearing on a proposal for Holiday Inn to utilize park land for construction of parking. ferred to the Park and Recreation Board for review. against this use. Their proposal was re- The Board recommended MR. MCGINNIS addressed Council and said he is an applicant too. Mr. DeLaRosa informed him that although Mr. McGinnis has submitted a letter to the City Manager, he has been asked for some specific details. Mr. DeLaRosa went on to say that Mr. McGinnis can present his request at this public hearing but there is no specific proposal before the Council which they can act upon. Mayor McClellan pointed out that tonight's hearing is a specific proposal which has been through all channels and when Mr. McGinnis has a specific proposal it too will be put through proper channels. Mr. Davidson, City Manager, stated he is standing by to give consideration to any proposal which he, or his family will submit. _ CITY OF AUSTIN, TEXAS October 18, 1979 MR. THOMAS HENRY, architect for Holiday Inn, appeared before Council and showed their proposed plans for expansion by adding another tower building to the present motel. In the proposal is use of Sand Beach Reserve Park for parking purposes in order to meet the requirements of the city on the number of parking spaces required per room. He said the parking will rarely be filled to capacity and showed how they plan to turn the Sand Beach Reserve into a park like setting, open to the public. He said their intention is not to have a sea of asphalt, but to take it and build it into something which is worthwhile. MR. JOHN MEINER addressed alternatives from a real estate standpoint. He said when they started this project about four years ago it was not their original intent to use park land for the development. He said they have had discussions since 1975 with the McGinnis family who owns the 2.3 acres of land adjoining the Holiday Inn site. They have been unable to conclude any type of negotiation with the McGinnis family. Mr. Meiner said that if additional parking was on the McGinnis land, the guests would have to cross a street to get to the lot and Holiday Inn's insurance coverage would not cover their guests from one lot to another. He outlined the contact his firm has had, on various occasions, with the McGinnis family. MR. DAVE JONES, Holiday Inn representative, discussed a parking variance. He pointed out that the ordinance for Austin requires parking places per room, plus one parking place for each four individuals in the restaurant, plus one parking place for every four seats in the lounge, and parking places for the meeting room facilities. He showed a chart where they have tracked the actual parking demands on their property during the months of June, July and August. He said they averaged a vacancy of 52 parking facilities. They are taking that ratio and using it for their request of variance for parking facilities. Mr. Jones pointed out that the level of taxes would increase from $100,000 in 1978 to $255,000 in 1981 when the new building would be open. These are taxes payable to the city under the 4% sales tax. The overall tax impact would be a rise too, from $330,000 in 1978 to $774,000. Therefore, the addition to the Holiday Inn would benefit the city and complement the Austin area. Mr. Meiner pointed out that whenever events are held on Town Lake they are asked to let the public use their parking facilities for the function. Mr. Meiner concluded they have been working on the new facility at Town Lake for four years and have been occupying land in Austin for 27 years, with an additional motel site in north Austin which was completely rebuilt 3½ years ago. More motel accomodations are needed for Austin, according to surveys, and this is why they want to expand. STEVE HANSON, issues research for the Sierra Club, appeared before Council to ask who will profit from the use of the public land, and how will it benefit the city? He said the Sierra Club does not recommend heavy use for the green space, and that this would be the least expensive way for Holiday Inn to get parking space for their motel. CITY OF AUSTIN, TEXAS October 18, 1979 Mildred Miller appeared and expressed her protest against using park land for a parking lot. RUBY GOODWIN, representing Democratic Women Voters, said that Holiday Inn should buy land in the open market for their parking area, or build a parking garage. BARBARA NOBLES, League of Women Voters, spoke against the use of Sand Beach Reserve Park for parking purposes. LARRY DEUSSER spoke against the use of park land for parking. MARILYN SIMPSON spoke against the use of park land for parking. Councilmember Snell said he wanted to make the point that this would not be a precedent setting move on the part of the Council. Decker Lake area was opened for skeet shooting and parking at the park will be provided for. Mr. DeLaRosa pointed out the difference is that skeet shooting is not a private industry. Councilmember Mullen cited the water ski enterprise which was to use park land for parking. Councilmember Trevino opined this would be precedent setting, and if Council does not watch it, the lake front could become covered. Mayor McClellan pointed out the Sand Beach Reserve Park is not a prominent piece of land, but it is a "sacred cow" to Austin. She said Council does need to consider this request as a precedent setting. She felt that this request presented legal problems, also. DOROTHY RICHTER felt that no matter how Holiday Inn fixed up the parking lot, it would not be inviting to the public. ED WENDLER spoke to Council and said to grant the use of park land at the Sand Beach site for parking would set a precedent. Councilmember Trevino pointed out that parks and open space is the legacy of Austin. CAMPBELL MCGINNIS appeared to oppose the application of Holiday Inn to use Sand Beach Reserve Park for parking. He said it is not the citizens of Austin who need the Holiday Inn, and pointed out the state law finding of fact which states there is no prudent and feasible alternative for the use of park land. He stated there is an alternative.....the land owned by his family. He said 200' of East Avenue is also available for parking. STEVE SHIELDS wondered who will continue to maintain the Sand Beach Reserve Park Area. They thought it sounded feasible that Holiday Inn would be better at maintaining. _ CITY OF AUSTIN, TEXAS October 18, 1979 Motion Councilmember Cooke moved that the Council close the public hearing and vote next week on the use of Sand Beach for parking purposes. The motion was seconded by Councilmember Mullen. Mayor McClellan stated, "You look at the law, and you look at the statute and I think you have to demonstrate public purpose, and if this Council is the one who determines what is public use, I personally could never defend parking for Holiday Inn being a public use of our park land. I just want to make myself and my position very clear." Councilmember Snell stated, "I have been defending precedent, not necessarily agreeing to what is being said but the term "setting a precedent" is the thing I was disturbed about. When things happen in one area and it's not precedent and then it happens in another and it is, that is what concerns me. Not necessarily that I agree with anything anyone said." Mr. Davidson stated, "I interpreted the Council's policy on economic development rightly or wrongly, that this Council would be willing to set a number of precedents, like authorizing the trolley car in the street right-ofway adjacent to East 6th Street.....like the agreement that we have that made possible the Littlefield Parking Garage...that is precedent setting, innovative and as a matter of fact there are going to be some other things, some of which the Council will deny and others which you will approve. I hope to really do a good job of carrying out your policy of economic development that we don't close any doors. I understand what you are saying in this case, or what appears to be said, but I don't think any of the applicants ought to be indicted simply because they have accepted our invitation to come in and make something economically viable go to stimulate additional hotel rooms, some private investment in this specific community, which I interpret as being the policy of the City Council. I just need to say that these people have gone after this in good faith, based on what they believe our Council policy happens to be." Councilmember Cooke stated, "Because everyone has their points of view on this, Mr. Davidson, and in light of what you are saying, I want you to know and I think we all have a right to say, and I want to send a loud signal to you that my feelings about what you have just concluded is still sincere. There are going to be times when we probably will not maybe accept a variance or allow a private enterprise activity to proceed because it would be in the wisdom of this body not to allow that to happen and we're going to have to accept that, but I don't want any impression, at least from my point to go to the City Manager that whatever we do on Holiday Inn, or whatever we might do on any future projects would imply that door is slowly being closed and your office should not energetically pursue public/private innovative ideas in the future as it deals with what we can do to stimulate activity in our inner city. That is from my point of view and it's really not registering anything what the Mayor or what Councilmember Trevino or Snell have said." CITY OF AUSTIN, TEXAS October 18, 1979 Mayor McClellan stated, "I just want to state very clearly too that But no one is indicting anyone because of the position taken this evening. certainly not from my position. In fact that is the very reason I jumped in earlier this evening and disagreed with the gentleman from the Sierra Club concerning the improper use of Jim Miller's time. I disagree with that very strongly. I think it is a proper use. I'm certainly not indicting Holiday Inn for wanting to do something...and it's a nice proposal, but the trouble is it happens to smack at what I think is at the very heart of what is most near and dear to Austin and makes Austin a different place to live. I, by the way, voted against that trolley in the street. I think if we are serious about that, and I know we are, about our central city revitalization, and we want wide spread support for that, then I think we need to do this in a step by step manner that strengthens that plan that is uniquely Austin and I submit to you again that park land is very different and it's the same reason that in our bond issue last January which included park land, that park land is no frills and you get back to some very definite state statutes that are applicable when you start talking about park land and how it must be public purpose to deviate from that and I submit to you that the case has not been made. I would certainly hate to defend it in court." Motion Amended Councilmember Cooke amended his motion to state Council bring this back next week for a vote, and the following be included for consideration: (a) A parking variance be sought before the Board of Adjustment; and (b) A variance in the Town Lake Plan be submitted to the Texas Parks and Wildlife for their approval in a change in that plan; and, (c) A license agreement be authorized for a five-year period with the fee being set at $2,000 a year, fee equal to the property tax on the property should be in private ownership. Roll Call on Amended Motion Roll call on amended Motion showed the following vote: Ayes: Councilmember Trevino, Mayor McClellan, Councilmembers Cooke, Noes: Mullen, Snell None Not in Council Chamber when roll was called: Mayor Pro Tem Himmelblau, Councilmember Goodman CITY OF AUSTIN, TEXAS October 18, 1979 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 November 29, 1979. ALLIED DEVELOPMENT COMPANY by Thomas W. Cummins C14-79-216 6900 Cannon League Drive From "GR" General Retail 1st Height and Area To "GR" General Retail 2nd Height and Area LYNN STORM By Robert Davis C14-79-217 LYNN STORM by Robert Davis C14-79-218 LULA LA FUENTE by Buck Smith C14-79-219 ALICE BURROWS HOLMES by Jack Wayne Borders C14-79-220 3801-3943 South Lamar 3800-3940 Victory Drive 900-1200 St. Edwards 913-1109 Ε. Oltorf 6507 Circle S Road 1023 West 24th Street also bounded by Leon From Interim "A" Residence and "GR" General Retail 1st Height and Area To "GR" General Retail 2nd Height and Area From "A" Residence 1st Height and Area To "B" Residence and "0" Office 1st Height and Area From "0" Office 1st Height and Area To "GR" General Retail 1st Height and Area From "0" Office 1st Height and Area To "LR" Local Retail 1st Height and Area BRONISLAW PUSCHMAN and ROSE PUSCHMAN by Larry Niemann C14-79-221 412-418 Stassney Lane From "0" Office and "A" Residence 1st Height and Area To "LR" Local Retail 1st Height and Area LBP 11 STRIP CENTER JOINT VENTURE by Roy Beard C14-79-222 JOSE & VIOLA BENAVIDES C14-79-223 EDWARD WENDLANDT ET AL by Hoyle M. Osborne C14-79-224 ROBINSON, FELTS and STARNES by Mark D. Swanson C14-79-225 CHILDREN'S PUBLICA- CATIONS, INC. C14-79-226 L.T. SIMPSON & SAIDE BELL SIMPSON by Andy Barnes C14-79-227 - CITY OF AUSTIN, TEXAS-octboer 18,1979 11005 F.M. 1325 (Suite 116 & 118) 4412 Gillis 9425-9721 North Lamar Boulevard Boulevard 501-701 West Longspur Boulevard A portion of 1806 Rio Grande 1101-1109 Elm Street also bounded by West 12th Street 11162 Jollyville Road From "D" Industrial 1st Height and Area To "C-1" Commercial 1st Height and Area From "A" Residence 1st Height and Area To "LR" Local Retail 1st Height and Area From Interim "AA" Residence 1st Height and Area To "GR" General Retail 1st Height and Area From "0" Office 2nd Height and Area To "LR" Local Retail 1st Height and Area From "A" Residence 1st Height and Area To "BB" Residence 1st Height and Area From Interim "AA" Residence 1st Height and Area To "0" Office 1st Height and Area CITY OF AUSTIN by Planning Department C14-79-228 _ CITY OF AUSTIN, TEXAS 8100-8408 and 8101-8409 Fort Sumter Road 8200-8412 and 8201-8411 Dixon Drive 8100-8424 and 8101-8425 Seminary Ridge 2600-2718 Cameron Loop October 18, 1979 2700-2704 and 2701-2707 Irish Bend Drive From Interim "A" Residence 1st Height and Area To "AA" Residence 1st Height and Area 2700-2704 and 2701-2705 Calabash Cove 2700-2706 and 2701-2705 Fort Sumter Circle 2600-2710 and 2601-2711 Gettysburg Drive 2608-2609 Palmito Road 2600-2922 and 2601-2921 Inridge Drive 2700-2910 and 2701-2911 Jorwoods Drive 8200-8400 and 8201-8403 Kearsarge Drive 8200-8404 and 8201-8405 Alabama Drive 8100-8104 and 8101-8103 Shiloh Court 8100-8104 and 8101-8105 Caisson Circle 2100-2412 and 2301-2409 Stone River Drive 7900-8108 and 7901-8113 Appomattox Drive 2500-2606 and 2501-2605 Monitor Drive 2102-2602 and 2103-2607 Shiloh Drive 7900-8016 and 7901-8015 Keneshaw Drive 7700-7710, 7804-8200, 7701-7711, 7805-7813, 7829-7901 and 8005-8201 Manassas Drive 7504-7612 and 7505-7609 Whispering Oaks Drive 7504-7604 and 7505-7607 Whispering Winds Drive 7706-7802 and 7707-7805 Gaines Mill Lane 2300-2306 and 2301-2305 Gaines Mill Cove 2400-2606 and 2401-2609 Broken Oak Drive 2310-2606 and 2311-2607 Burley Oak Drive 7502 and 7503 Hays Hill Drive 7600-7604 and 7601-7605 Challsbury Drive 2200-2220 and 2201-2219 Fancy Gap Lane 7700-7706 and 7701-7705 Malvern Hill Court 2000-2114 and 2001-2113 Malvern Hill Drive 7722-7804 Manchaca Road 7502-7604 and 7503-7703 Westgate Boulevard 2000-2100 and 2001-2101 Shiloh Drive 7906-8122 Manchaca Road 8000-8208 and 8001-8207 Hood Circle 8000-8104 and 8001-8105 Dowling Cove From Interim "A" Residence Interim 1st Height and Area To "A" Residence 1st Height and Area GLEN HAMILTON C14-79-229 MR. AND MRS. I.H. SILBERBERG by Irwin R. Salmanson C14-79-230 IVA BELLE FLEMING by Larry D. Landreth & J.B. Goodwin C14-79-231 SARAH BARROW KEMPER, and TEXAS COMMERCE BANK, N.A. as INDEPENDENT EXECUTORS of ESTATE of EDWARD R. & JANE EWING C14-79-232 CITY OF AUSTIN, TEXAS October 18, 1979 416 West Alpine 4101 Spicewood Spring Road 1912 West 35th Street also bounded by Jackson Avenue 6960-7060 MoPac Loop 1 3400-3408 North Hills Drive 7000-7060 Wood Hollow Drive 3400-3541 Far West Boulevard 1017-1105 William Cannon Drive PENDERGRASS and HOOD INC. by R. Clarke Heidrick, Jr. Cannon Drive C14-79-233 1107-1117 William From "A" Residence 1st Height and Area To "0" Office 1st Height and Area From Interim "A" Residence 1st Height and Area To "0" Office 1st Height and Area From "A" Residence 1st Height and Area To "0" Office 1st Height and Area From Interim "A" Residence 1st Height and Area Το "GR" General Retail 2nd Height and Area From Interim "A" Residence 1st Height and Area To "0" Office 1st Height and Area BILLY J. YORK and MARY J. YORK by William H. Bingham C14-79-234 13560 Research Blvd. From Interim "AA" Residence 1st Height and Area To "0" Office 1st Height and Area RON CHITSEY C14-79-235 5107 Leralynn Street From "A" Residence 1st Height and Area To "BB" Residence 1st Height and Area LEWIS-BECHTOL COMPANY by David Smith C14-79-236 NPC REALTY COMPANY by Robert L. Davis C14-79-237 JAMES W. PERSON, TAO/ONO, INC. by Jay Prasifka C14-79-238 CITY OF AUSTIN by Joseph Morahan C14-79-239 RIVERTOWN MALL LIMITED PARTNERSHIP by Gregory L. Daily C14-79-240 ZILKER HEIGHTS ASSOCIATES, LTD. by Larry Peel C14-79-241 TEXAS TRADITIONS REALTY VENTURE by Frank B. Brown IV C14-79-242 CITY OF AUSTIN, TEXAS October 18, 1979 9053, 9045, 9037, 9029 9021 Loop 360 2624 William Cannon Drive 1611 West 6th Street 5307-5311 East Riverside Drive 2013-A East Riverside Drive 2621 East Bee Caves 2222 College Avenue From "A" Residence 1st Height and Area To "BB" Residence 1st Height and Area From "B" Residence and "A" Residence To 1st Height and Area "0" Office 1st Height and Area From "B" Residence To 2nd Height and Area "0" Office 1st Height and Area From Interim "AA" Residence and "A" Residence 1st Height and Area To "A" Residence 1st Height and Area From "GR" General Retail 2nd Height and Area To "C" Commercial 2nd Height and Area From "B" Residence 1st Height and Area and "LR" Local Retail Ist Height and Area To "0" Office 1st Height and Area and "LR" Local Retail 1st Height and Area From "A" Residence 1st Height and Area To "C" Commercial 1st Height and Area NHS HOMES INCORPORATED C14-79-243 JANICE NOLLEY by Larry Parks C14-79-244 RONALD J. LOVE, JOHN C. O'MALLEY WILLIAM H. JANEWAY, BARNARD LEVINE, and JAMES WANINK by Phil Mockford C14-79-245 CITY OF AUSTIN, TEXAS October 18, 1979. 7004, 7002, 7000 and 6910 Circle S Road 7217-7223 North Lamar Boulevard 13728-13716 U.S. Highway 183 10100-10106 Hymeadow Drive From Interim "A" Residence 1st Height and Area To "BB" Residence 1st Height and Area From "A" Residence 1st Height and Area Το "GR" General Retail 1st Height and Area From Interin "AA" Residence 1st Height and Area To "GR" General Retail 1st Height and Area ROBBIE GIBSON C14-79-246 HAZEL GOODNIGHT & L.S. EVERTT by Bobby Hill and Hank Wire C14-79-040 5409 Bennett 6010-6210 East Ben White Boulevard 3010-3024 and 2814-2914 Montopolis Drive From "A" Residence 1st Height and Area To "GR" General Retail 1st Height and Area From Interim "AA" Residence 1st Height and Area To "D" Industrial 1st Height and Area JAMES H. and JESSAMINE ARNOLD by James H. Arnold, Jr. C14-79-129 JAMES H. ARNOLD, JR. C14-79-130 13118 RR 620 13114 and 13116 RR 620 From Interim "AA" Residence 1st Height and Area Το "C-1" Commercial 2nd and 5th Height and Area From Interim "AA" Residence 1st Height and Area To "C" Commercial 2nd and 5th Height and Area WILLIAM F. MUNDAY by Kenny Dryden C14-79-143 CHARLES COLLIER ELECTRIC, INC. by Charles Collier C14-79-147 RUTH BRUNK by Don E. Bird C14-79-203 MARTIN HOUSE by Sam Houston Clinton C14h-79-016 BOSCHE BUILDING by Michael J. Kuhn C14h-79-019 MONTGOMERY HOUSE by Malcolm & Carolyn Bucknall C14h-79-020 SOUTHGATE-LEWIS HOUSE by Ada Simon C14h-78-024 CITY OF AUSTIN, TEXAS October 18, 1979 1000 Block to 1400 Block of William Cannon Drive 411 East Rundberg Lane 11877-11879 U.S. 183 also bounded by Bell Avenue 600 West 7th Street 804 Congress Avenue 808 West Avenue 1501 East 12th Street From Interim "A" Residence 1st Height and Area To "0" Office 1st Height and Area From "A" Residence 1st Height and Area To "0" Office 1st Height and Area From Interim "AA" Residence 1st Height and Area To "GR" General Retail 1st Height and Area From "0" Office 2nd Height and Area To "O-H" Office-Historic 2nd Height and Area From "C-2" Commercial 4th Height and Area Το "C-2-H" Commercial 4th Height and Area From "B" Residence 2nd Height and Area To "B-H" Residence-Historic 2nd Height and Area From "B" Residence 2nd Height and Area To "B-H" Residence-Historic 2nd Height and Area • ATTEST: CITY OF AUSTIN, TEXAS October 18, 1979 CITY MANAGER REPORTS PULLED The City Manager pulled his reports from the Agenda. ADJOURNMENT Council adjourned its meeting at 2:20 A.M., October 19, 1979. City Clerk APPROVED Cole Keton Mayor