CITY OF AUSTIN, TEXAS ) MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting August 06, 1981 3:00 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 Trevino, Councilmembers Deuser, Duncan, Goodman, Mullen, Urdy Absent: None INVOCATION The Invocation was given by Rabbi Joseph Garon Wolf, Agudas Achim Synagogue. ! MINUTES APPROVED Councilmember Mullen moved that the Council approve the Minutes for Special Meeting of July 27, 1981 and Regular Meeting of July 30, 1981. The motion, seconded by Mayor McClellan, carried by the following vote: Ayes: Mayor McClellan, Councilmembers Deuser, Duncan, Mullen Noes: None Not in Council Chamber when roll was called: Mayor Pro Tem Trevino, Councilmembers Goodman, Urdy CITY OF AUSTIN, TEXAS August 6, 1981 LEASE AGREEMENT Councilmember Mullen moved that the Council adopt a resolution approving a lease agreement for the Office of Cable Communications and Office of Emergency Management in the Brown Building. The motion, seconded by Mayor McClellan, carried by the following vote: Ayes: Mayor Pro Tem Trevino, Councilmembers Deuser, Duncan, Noes: Mullen, Mayor McClellan None Not in Council Chamber when roll was called: Councilmembers Goodman, Urdy Prior to the vote, Councilmember Mullen asked if some of the space in the Human Services Department can be used rather than sign another lease. Mr. Joe Morahan, Director of Property Management, said Human Services will be losing some people buthe space they may have is in the San Jacinto Building, which is at 5th and San Jacinto, which is somewhat removed from the Municipal Building area, and although there may be some space available over there, it is not determined at this time how much space it will be. Mr. Morahan said they are considering various uses of that space to relieve some other needs from some departments in the Annex area. He said since Office of Cable Communications and the Office of Emergency Management are new offices creating new programs, their preference is to be located close to the administrative facility. Councilmember Mullen said he would move approval but requested a report in 60 days regarding what happens to the other property. APPROVAL OF TELECOMMUNICATIONS SYSTEM CONTRACT POSTPONED Council had before it the following resolution for adoption: Approval of contract for: FISK TELEPHONE SYSTEMS, INC. 5501 North Lamar, Suite A-101 Austin, Texas Acquisition of new Police Department Telecommunications System Lease Purchase Agreement Total cost over 10 years - $567,440.00 Councilmember Goodman said he wanted to postpone a decision until August 20, 1981. Mayor McClellan inquired what the delay would do. Chief of Police Dyson told Council that it would delay the move in of the Police Department to their new building and would delay putting into action the use of 911 system. He said they would have to withdraw all 911 information from the telephone directory if Council delays approval of the contract. Councilmember Mullen pointed out that Southwestern Bell's proposal was on a centralized system. He said Dallas did have a centralized system but they do not like it and are decentralizing. be best. CITY OF AUSTIN, TEXAS August 6, 1981 Discussion followed concerning a delay and which system proposed would Motion Councilmember Mullen moved that the Council adopt a resolution approving the contract with Fisk Telephone Systems, Inc. The motion was seconded by Mayor McClellan. Mr. Solon Bennett, Director of Purchasing, went over the bids and said Fisk was the lowest price and highest points. Councilmember Urdy questioned whether we should have two systems or if we should put it all in one system. Mr. Bennett said the consultant, Mr. Warner, will report on the question. After lengthy discussion by the Council, the following substitute motion was made. : Substitute Motion Councilmember Goodman moved that the Council schedule approval of telecommunications system contract for action on August 20 with a report from the consultant. The motion, seconded by Councilmember Urdy, carried by the following vote: Trevino Ayes: Councilmembers Duncan, Goodman, Urdy, Mayor Pro Tem Noes: Councilmember Mullen, Mayor McClellan, Councilmember Deuser Chief Dyson said he would cancel the 911 information immediately so it will not be printed in the new telephone book. Councilmember Goodman asked the representative from Southwestern Bell if they can hold the printing of 911 information for two weeks. The representative said they can. SYSTEMS AUDIT OF ARA Mayor Pro Tem Trevino moved that the Council adopt a resolution authorizing the execution of a contract with Coopers and Lybrand for a financial systems audit of Austin Redevelopment Authority. The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Councilmembers Goodman, Mullen, Urdy, Mayor McClellan, Mayor Pro Tem Trevino, Councilmembers Deuser, Duncan Noes: None W.C.I.D. NO. 21 Councilmember Goodman moved that the Council adopt a resolution authorizing consent to the creation of Water Control and Improvement District No. 21 with the same provisons as Water Control Improvement District No. 20. The motion, seconded by Mayor McClellan, carried by the following vote: CITY OF AUSTIN, TEXAS August 6, 1981 Ayes: Councilmembers Mullen, Urdy, Mayor McClellan, Mayor Pro Tem Trevino, Councilmembers Deuser, Duncan, Goodman Noes: None ADVISORY PLANNING COUNCIL Councilmember Goodman moved that the Council adopt a resolution appointing Mr. Richard Lillie, Director of Planning, as the representative of the City of Austin to the "Advisory Planning Council" for the construction of the State of Texas Human Services Center. The motion, seconded by Mayor McClellan, carried by the following vote: Ayes: Councilmember Urdy, Mayor McClellan, Mayor Pro Tem Trevino, Councilmembers Deuser, Duncan, Goodman, Mullen Noes: None ITEMS PULLED The following proposed ordinances which were scheduled for consideration were pulled from the agenda: Consider creating a Neighborhood Revitalization Commission. Consider creating an Office of Neighborhood Revitalization and authorizing a budget of $450,000 (CDBG - Community Development Block Grant) funds and transferring the unexpended funds and outstanding obligations from the April 1, 1981 contract with the Austin Redevelopment Authority (ARA). ARA CONTRACT Mayor Pro Tem Trevino moved that the Council adopt a resolution extending the contract with the Austin Redevelopment Authority approved in April 1981 to October 1, 1981. The motion, seconded by Mayor McClellan, carried by the following vote: Ayes: Mayor McClellan, Mayor Pro Tem Trevino, Councilmembers Deuser, Duncan, Goodman, Mullen, Urdy Noes: None Motion to Reconsider Mayor Pro Tem Trevino moved that the Council reconsider the motion. The motion, seconded by Councilmember Urdy, carried by a unanimous vote. Motion Mayor Pro Tem Trevino moved that the Council adopt a resolution to extend the contract with the Austin Redevelopment Authority (ARA) approved in April 1981 to September 30, 1981. The motion, seconded by Mayor McClellan, carried by the following vote: CITY OF AUSTIN, TEXASAugust 6, 1981 Ayes: Councilmembers Deuser, Duncan, Goodman, Mullen, Urdy, Mayor McClellan, Mayor Pro Tem Trevino Noes: None ZONING HEARING Mayor McClellan announced Council would hear the following zoning case scheduled for 4:00p.m. Pursuant to published notice thereof, the following zoning case was publicly heard: E. G. AND DOROTHY HESTILOW BEN ASSOCIATES C14r-81-084 4122 Banister 4300 block of Jinx Avenue 1100-1200 block of Ben White Boulevard From "A" Residence To 1st Height and Area "0" Office 2nd Height and Area RECOMMENDED by the Planning Commission "0" Office, 1st Height and Area, as amended by the applicant; to be tied to site plan; sub- ject to controlled gate for access on Jinx to be doctors only. If traffic becomes excessive on Jinx, Urban Trans- portation is to conduct a traffic study. At such time as it becomes excessive, the Planning Commission will reserve the right to close that access. Mr. Lillie reviewed the application by use of slides. MR. JIM BRADY, representing the applicant, told Council the plan is a good one and that Jinx will be closed except for a controlled gate with access available to the doctors only. Councilmember Mullen moved that the Council close the public hearing and grant "0" Office, Ist Height and Area District, subject to conditions, as recommended by the Planning Commission. The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Councilmembers Duncan, Goodman, Mullen, Urdy, Mayor Noes: None McClellan, Mayor Pro Tem Trevino, Councilmember Deuser The Mayor announced that the change had been granted to "0" Office, Ist Height and Area District, subject to conditions, and the City Attorney was instructed to draw the necessary ordinance to cover. =CITY OF AUSTIN, TEXAS August 6, 1981 MUNICIPAL UTILITY DISTRICT ORDINANCE Mayor McClellan introduced the following ordinance: AN ORDINANCE REPEALING ORDINANCE NO. 800320-E; ESTABLISHING A POLICY RELATING TO POLITICAL SUBDIVISIONS CREATED PURSUANT TO ARTICLE III, SECTION 52 OF THE TEXAS CONSTITUTION OR ARTICLE XVI, SECTION 59 OF THE TEXAS CONSTITUTION FOR THE CITY OF AUSTIN; ESTABLISHING THEREIN BASIC QUALIFICATIONS FOR CONSENT TO THE CREATION OF A WATER DISTRICT; PROVIDING PERCENTAGES ALLOWED FOR BOND FINANCING; ESTABLISHING THE PROVISIONS OF THE BONDING PACKAGE; PROVIDING FOR THE PROVISION OF SPECIAL WATER AND SEWER RATES WITHIN THE CONSENT AGREEMENT AS AUTHORIZED BY SECTION 54.016(h) OF THE TEXAS WATER CODE; ESTABLISHING VARIOUS REQUIREMENTS; DECLARING A POLICY STATEMENT; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND PROVIDING AN EFFECTIVE DATE. The ordinance was read the first time, and Councilmember Mullen moved that the Council pass the ordinance to its second reading. The motion, seconded by Mayor McClellan, carried by the following vote: Ayes: Councilmembers Mullen, Urdy, Mayor McClellan, Councilmember Deuser Noes: None Abstain: Councilmember Goodman, Mayor Pro Tem Trevino, Councilmember Duncan The Mayor announced that the ordinance had been passed through first reading only. Prior to the vote, Mr. Bulloch, Director of Water and Wastewater, said there were a couple of things staff wanted to look at when this was pulled off for discussion yesterday. "We talked about going back and looking at the allowables in Growth Management Area V as it relates to Municipal Utility Districts (MUD) and WCID's (Water Control and Improvement District). The proposal that Council has before it raises the allowables in Area V on water facilities. The intent being trying to encourage the creation of MUD's and in some cases WCID's instead of private systems. This is something we are recommending for Council consideration. The other thing that is very important is that there is wording in Section II, page 2 of the proposed ordinance that speaks to Council consideration of Municipal Utility Districts that might come in and not have direct relationship to the City. Examples of these in the past have been Lakeway, Brushy Creek MUD 2 in far north Williamson County-Travis County area and the Hurst Creek MUD which Council may choose based upon specific considerations of relationships to the City and relationship to ETJ (Extraterritorial Jurisdiction) and relationship to the City's ability to annex and control in the future to not have come under these provisions and that would be an option the Council would reserve and consider on a specific case by case basis. Obviously MUD's and WCID's that are adjacent to the developing areas of the City would be related to this ordinance. We are recommending the ordinance we had before plus these specific revisions for Council consideration. The revisions on Exhibit "A" under water facilities, the proposal is to increase from 30% to the proposal of 100% and in the case of water approach mains the original proposal was 30%, the proposal is increased to 60%. It is our concern that the bonding is available to encourage the highest quality water treatment plant that may be built out there and to encourage a MUD or WCID as opposed to a private water system that might build a treatment plant and then sell water to others. ... CITY OF AUSTIN, TEXASAugust 6, 1981 CABLE COMMISSION Motion Councilmember Mullen moved that the Council waive the requirement for three readings and finally pass an ordinance to create a nine-member Cable Commission. The motion was seconded by Mayor McClellan. Councilmember Deuser asked why specify an official member from the Department who is going to be servicing the Commission. He said it goes without saying that the officer of the City of Austin will be a participant ex-officio just like any department head. Mayor McClellan agreed and said Councilmember Deuser's comment will be read into the record. Strike and Insert Councilmember Goodman offered an amendment to have the Cable Commission composed of 11 members. Councilmember Mullen accepted the amendment. Friendly Amendment Councilmember Deuser offered a friendly amendment to amend the ordinance to exclude the City of Austin Cable Communications Officer serving in an ex-officio capacity. The amendment was accepted. Roll Call on Motion with Amendments Mayor. McClellan introduced the following ordinance: AN ORDINANCE CREATING THE AUSTIN CABLE COMMISSION, ESTABLISHING THE PROCEDURES FOR THE AUSTIN CABLE COMMISSION; ESTABLISHING THE DUTIES AND RESPONSIBILITIES OF THE COMMISSION; PROVIDING FOR APPEAL OF CERTAIN DECISIONS TO THE CITY COUNCIL; PROVIDING FOR THE CONTRACTING OF SERVICES FOR ADMINISTRATION; ESTABLISHING A TERMINATION DATE FOR THE COMMISSION; PROVIDING A SEVERABILITY CLAUSE; SUSPENDING THE RULE REQUIRING THAT AN ORDINANCE BE READ ON THREE SEPARATE DAYS; AND PROVIDING AN EFFECTIVE DATE. Councilmember Mullen moved that the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance. The motion, seconded by Mayor McClellan, carried by the following vote: Ayes: Councilmembers Mullen, Urdy, Mayor McClellan, Mayor Pro Tem Trevino, Councilmembers Deuser, Duncan, Goodman Noes: None The Mayor announced that the ordinance had been finally passed. 810506-B C.13 CITY OF AUSTIN, TEXASAugust 6, 1981 SOUND AMPLIFICATION ORDINANCE Council had before it for consideration an ordinance to amend the Sound Amplification Ordinance relating to the use of amplified sound devices at Fiesta Gardens. Mr. Albert DeLaRosa, Assistant City Attorney, stated, "We have determined that it is not necessary to amend the Sound Amplification Ordinance to take care of the problem at Fiesta Gardens. The reason for that is, as Mr. Ehrler has explained, there is permanently constructed band stand outside of the facility and the Ordinance provides that if a permanently constructed bandstand is to be used then the sound amplification devices can be used until 2:00 a.m. in the morning. It is Mr. Ehrler's duty, when we get a request to use Fiesta Gardens, to make a determination whether or not to extend the curfew past 10:00p.m. If Mr. Ehrler determines that a group can stay at the facility until 12 midnight, then the Sound Amplification Ordinance would automatically authorize them to continue to use the sound device until midnight as well." Mayor McClellan commented that puts Mr. Ehrler in a tough position. Mayor Pro Tem Trevino asked if there is an appeal process. Mr. DeLaRosa said there is none. He said the next step would be for Council to amend the ordinance to provide for an appeal procedure. Mayor Pro Tem Trevino instructed the City Manager to instruct the City Attorney to come back to Council with a proposed amendment to the ordinance. MUNICIPAL BOND ELECTION Mayor McClellan introduced the following ordinance: گر Councilmember Mullen moved that the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance, appointing Election Officials for the August 29, 1981 Municipal Bond Election; authorizing the City Clerk to fill vacancies. The motion, seconded by Councilmember Duncan, carried by the following vote: _ CITY OF AUSTIN, TEXAS August 6, 1981 Ayes: Mayor McClellan, Mayor Pro Tem Trevino, Councilmembers Deuser, Duncan, Goodman, Mullen, Urdy Noes: None The Mayor announced that the ordinance had been finally passed. ZONING ORDINANCE TO BE BROUGHT BACK Consideration of amending Chapter 45 of the Austin City Code of 1967 (Zoning Ordinance) to cover the following changes will be done at a later date: From Interim "AA" Residence CITY OF AUSTIN 6121 East Martin Luther PLANNING DEPARTMENT C14-80-115 (Tract 2) King, Jr. Boulevard To 1st Height and Area "C" Commercial Ist Height and Area ZONING HEARING Mayor McClellan announced the following zoning case, scheduled for 4:30 p.m. would be heard. Pursuant to published notice thereof, the following zoning case was publicly heard: RAYMOND H. STEWART By Robert Hageman C14-81-105 2013 Bluebonnet From "A" Residence 1st Height and Area Το "A-2" Condominium 1st Height and Area NOT Recommended by the Planning Commission Mr. Lillie reviewed the application by use of slides, and said there was a valid petition on file. He said the request is to re-zone the property for residential condominiums. ROBERT HAGEMAN, representing the applicant, showed a map of the area and said the neighbors are in favor of the proposed zoning change. He said the trees will be saved, and the site is across from a school, but he said the School Board has no qualms about the proposal. He said Mr. Muehlendorf of the Austin Independent School District (AISD) said they are only opposed to greater zoning. Mr. Hageman told Council children will not be effected by the proposed condominiums. NITA TAYLOR appeared, and said she is impressed with the proposal and the trees will be preserved. BILL STRANGE, 1905 Heather, said his property backs up to the site and felt the project would be an invasion of their property. He expressed concern about increased traffic and asked Council to deny. _ CITY OF AUSTIN, TEXAS August 6, 1981 CECILY SPRING, treasurer, Zilker-Barton Heights Neighborhood Association, expressed opposition because of traffic and density. NICK WILLIAMS opposed the change because it would create traffic problems and be an encroachment on the neighborhood. DIANE CARR, zoning roll-back chairman, Zilker Park Association, appeared to oppose the zoning change. BILL BODE opposed because he said the traffic would be too heavy. Robert Hageman reappeared for the summary and said he has watched the rush hour traffic and when MoPac is opened, it will carry much of the traffic away. He said the plan is to have a good area for children to live. Council discussed the position of the School Board and referred to a letter which was a form letter sent which did not favor the change. Mr. Hageman said the letter was sent to all who applied for a change near a school and that the Board does not look at sites. Councilmember Goodman explained all cases are reviewed on their merit and ultimately they must contend with higher higher density in the inner city to combat urban sprawl. Councilmember Duncan pointed out this is a set residential area. Mayor Pro Tem Trevino said he would vote No to denial because he said if "we continue to object, we will say we favor no-growth and I don't support that." Motion Councilmember Duncan moved that the Council close the public hearing, uphold the recommendation of the Planning Commission and DENY the zoning change. The motion, seconded by Mayor McClellan, carried by the following vote: Ayes: Councilmembers Deuser, Duncan, Urdy, Mayor McClellan Noes: Mayor Pro Tem Trevino, Councilmembers Goodman, Mullen The Mayor announced that the zoning change had been DENIED. AUSTIN POLICE MONITORS Councilmember Urdy moved that the Council approve the request of MS. COLEEN MCHALE, representing Austin Police Monitors, for permission to sell beer at Auditorium Shores until 7:00 p.m., August 29, 1981, for the Second Annual Bean Bash & Chili Cook-off. The motion, seconded by Mayor McClellan, carried by the following vote: Ayes: Councilmembers Deuser, Mullen, Urdy, Mayor McClellan Noes: None Not in Council Chamber when roll was called: Councilmembers Duncan, Goodman, Mayor Pro Tem Trevino Council did not approve Ms. McHale's request to include permission to hang a banner at 311 West 6th Street. =CITY OF AUSTIN, TEXAS August 6, 1981 TRASH IN PUBLIC STREET MR. CRAIG "CALVIN" JONES appeared before Council, representing the Bicyclers' Commuter Clinic, to discuss trash and junk in the public streets. He brought examples of debris left in the streets by builders and said the builders should be made to keep the streets clean. Councilmember Mullen agreed there is a problem but there is no way it can be solved unless someone who specifically sees the debris falling from a truck prefers charges. The other members of Council also discussed the problem and arrived at no decision. MERLE LANG MR. MERLE A. LANG appeared before Council to discuss montes, which, in his opinion, are due him by the City of Austin. FAIR HOUSING AMENDMENT DISCUSSED MR. RAY W. BAKER appeared before Council to discuss his opposition to the "sexual orientation" amendment to the Fair Housing Ordinance. He said no special rights should be given to any group based on their mode of life style. RECESS Council recessed its meeting at 5:50 p.m. and resumed its recessed meeting at 6:15 p.m. ENERGY MANAGEMENT PLAN MR. GEORGE PATTON, Community Energy Management Task Force, (CCEMP) appeared before Council to request the setting of a public hearing for early September on the proposed Energy Management Plan. Council agreed their agendas will be filled in September with budget hearings and discussion. Motion Councilmember Mullen moved that the Council set a public hearing on Proposed. Energy Management Plan for October 8, 1981 at 6:00p.m. The motion, seconded by Mayor McClellan, carried by the following vote: Ayes: Councilmembers Goodman, Mullen, Urdy, Mayor McClellan, Mayor Pro Tem Trevino, Councilmembers Deuser, Duncan Noes: None CITY OF AUSTIN, TEXASAugust 6, 1981 HUMAN RELATIONS COMMISSION JOHN DARROUZET, Human Relations Commission, appeared before Council to request them to amend the Equal Employment Opportunity Ordinance to accommodate people who are mentally handicapped. FAIR HOUSING ORDINANCE Mayor McClellan opened the public hearing scheduled for 6:00 p.m. to consider amendments to the Fair Housing Ordinance. MR. JOHN DARROUZET, Chairman, Human Relations Commission, reported as follows: "The Fair Housing Ordinance was adopted in 1977 and the amendments recommended tonight were not included in the 1977 Ordinance. Human Relations Commission began a housing pattern study subsequent to the 1977 Ordinance and resulted in publishing in 1979 a housing pattern study. Part of the study follow up included making recommendations for changes in the Fair Housing Ordinance. In 1980 the Human Relations Commission recommended a change in the Housing Ordinance to add as a protective class mentally handicapped. Council agreed and passed in 1980. The Human Relations Commission now recommends the changes before you. "Basically, the changes add five protected classes: creed, marital status, parenthood, sexual orientation and age. They add consistent definitions. They put your appointed Commission in the process of determining whether prosecution should be recommended to the City Attorney. They empower the Human Relations Department Director to file complaints in certain circumstances. The changes do not: 1. Condone, encourage or promote any kind of behavior, rather it provides a legal process for limiting kinds of behavior. 2. It does not evaluate or judge the content of any one's claimed status, but rather seeks to provide a legal process for assessing claims of discrimination based upon a specified status. 3. The ordinance does not legislate a process for legal decisions where conflicting moralities may appear to be at issue, a process where the standards of proof are high and where the ultimate penalty for ignoring the City's legal process for conflict resolution is a $200.00 fine." Mr. Darrouzet went on to say the Commission recommends the changes and listen well to all the presentations which will be made during the public hearing. Councilmember Goodman asked if there have been any complaints since the mentally retarded provision has been passed. Mr. Darrouzet said none. REVEREND BOB BRYAN, commission member and pastor of University Methodist Church, said the subject is human beings and the question should not be forced upon people who are not confessed Christians. He said all persons are entitled to human rights insured. CITY OF AUSTIN, TEXAS August 6, 1981 JANA ZUMBREN, chairman of housing, Human Relations Commission, said fair housing should be extended to all. DR. GARY WITT, Human Relations Commission, stated the changes do not apply to people who own three houses or less. PAT POUND, Human Relations Commission, spoke for disabled people. MERLE MILES, Human Relations Commission, said the black female and single parents have been victims of discrimination. He said everyone is entitled to certain rights. DR. STEVEN HOTZE, Executive Director, Austin Citizens for Decency, spoke against the amendments to the ordinance. Councilmember Mullen told Council if they plan to vote on the ordinance amendments tonight, they could indicate their intention at this point and cut out a lot of discussion. Mayor McClellan concurred that this issue should be voted on this evening. Discussion followed as to whether Council would or would not take a vote tonight. Motion Councilmember Mullen moved that the Council vote on the amendments to the Fair Housing Ordinance tonight. The motion was seconded by Mayor McClellan. Substitute Motion Mayor Pro Tem Trevino made a substitute motion to refer to the Human Relations Commission. The motion, seconded by Councilmember Goodman, carried by the following vote: Ayes: Mayor Pro Tem Trevino, Councilmembers Deuser, Duncan, Goodman Noes: Mayor McClellan, Councilmember Mullen Abstain: Councilmember Urdy Public hearing of citizens in the Council Chamber audience who had signed up to speak continued. Main issues of discussion were sexual orientation, discrimination against children and single parents, and whether or not government has a right to dictate use of personal property. The following people voiced opposition to the proposed amendments of the Fair Housing Ordinance: A. Wayne Haddock, Larry Niemann, John J. Kirschman, Allan Mesko, Don Edens, Bill Malone Jr., Brice Mondoville, Eddie Harp, Ronald B. Helle, Pastor David Kavecki, Philip Houser, Barbara Fraus, Rev. Gary Smith, Dr. Daniel H. Harris, Neal Lynch, G. P. Lundberg, Dr. Pat Beckham, Rev. James Weaver, Jim Whorton, Champ Howell, Gayle Marshall, R. Alan Wilbrown, Tom Scarborough, Dennis Ford, Daniel Randolph, Wayne Varnell, Alex Kelly, Wylie Comp, Walter Crowder, William D. Griffin, Fred Mason, Randy Schmidt, Frank McNabb, Rosemary Acunez, Beatrice Villegas, Dennis Butler, Pam Williams, : _ CITY OF AUSTIN, TEXASAugust 6, 1981 Lee B. Polance, Randolph A. Latall, Roy Béhymer, Ken Craven, Nelson Puett, Ben Parham, Steve Moskowitz, Dale Brynnon, Anthony J. Martinez, Liz McAlister, Daniel A. Patterson, Peggy Sparks, David Sweet, Larry Curcoe, Gregg Johnson, Sandra Sarza, Gene Burkett, Lawrence Headeaux, Harvy Belwer, Robert Erger, Mark Harper, Kevin Reeves, Valine Buckelew, Joyce Taylor. The following people are in favor of the proposed amendments to the Fair Housing Ordinance: Laura Seymour, P. C. "Scottie" Scott, Steve Thomas, Clyde Combs, Sharon Taylor, Debbie Dotson-Parsons, Glen Scott, Marvin E. Provost, Bill Oliver, Tracy Stoke, Tony Paschall, Ginny Ballard, John Henneberger, Eric Michaels, Robert C. Stewart, Maria Ito, Susan Olan, Chester Wilson, Tom Philpott, Tony Anthony, Bill Connek, Dorothy M. Ruhl, Walt Wilder, Paul Goetler, Lonny L. Ingram, Cynthia Tannehill Faulk Ryland, Beverly Garrett, Ed Wendler Sr., Dale A. Beverly, Jim Marston, Bishop R. C. Ha C. Harvey, Willio 0. Gage, Jesse Joh Johnson, Lanetta Cooper, Stephen Berezoytch, Elizabeth H. Epstein, Frank Horsfal, Gregory Haley, Richard Pearce-Moses, Leigh Finch, Shudde Fath, Wesley Nilbert, Peter Fears, Jerry Shaw, Bill Bode, Robert Brown, Bonny Keyes, Ted Bone, and Paul Carroll. Bill Rawlis commented he thought the issue should be put to the voters. Mrs. Thomas Leonard asked Council to delete the homosexual clause. Bill Scarborough said the real question is what is the real word of God. Councilmember Goodman thanked all the people for coming to the Council Chamber to express their opinions. He said he will vote for the amendments because that is what his conscience tells him to do because he believes in human rights. Councilmember Duncan agreed with Councilmember Goodman, said he hopes the people can transcend some of the anger, and he will vote in favor of the ordinance. Councilmember Urdy also expressed his support of the ordinance amendment. Mayor Pro Tem Trevino said he voted for the amendments in 1977 and sees nothing to change his mind. He said we should not tolerate any kind of discrimination in this City. He believes there are some points which need closer scrutiny before a vote is taken. "We should add to Section 7 (Exceptions and Inclusions Section) the following: 1. Exempt a housing accommodation designed and operated exclusively for senior adults, or any nursing home, convalescent home, or retirement home. 2. Insure that a person will not rent to a family whose total number of persons exceeds the reasonable space available. 3. Based on my review of the Austin Housing Study presented to us in January 1980, families with children constitute 37% of the population of Austin. Over half of those rent. With these figures in mind, and allowing for the growth of our City, I suggest a certain percent of the rental units that do not fall into categories I have enumerated above should be reserved for families with children. To verify _ CITY OF AUSTIN, TEXAS August 6, 1981 this I would like to request that the Human Relations Commission hold a public hearing on the items I have presented and work with the Austin Apartment Association and the Austin Tenants Council to determine which percent figure is well-founded. I want the Human Relations Commission and appropriate City staff, as well as the Legal Department to carefully review these points and recommend appropriate language for the Council to consider. Councilmember Mullen said he voted against these amendments in 1977. He said the question of parenthood needs to be looked into. He said he does not know how to handle aged and marital status. Mr. Mullen went on to say everyone had the right to a decent house and pointed out not one homosexual has testified tonight that he/she does not have a place to live. He feels nothing has been said at this hearing to require the government to step in and pass a law and government should not be used to promote a life style that has no problem with housing. Councilmember Mullen said he will not give homosexuals a stamp of approval. He will look at the parenthood and age issues but will vote against homosexuals. He will also favor deleting the clause which states the Director of Human Relations can bring suit. Councilmember Deuser said he moved to Austin in 1967. At that time the fair housing law was overturned by referendum. He wants to delay the vote on the issue. Mayor McClellan believes private entities should be allowed a large measure of freedom. It is in the best interests of everyone not to discriminate against race. She said every effort should be made to bring about better living conditions, but the government should not dictate lifestyles. So far, Mayor McClellan commented, she is not persuaded that the proposals are needed or necessary. She said she appreciates the views of all who spoke tonight and thinks Council should vote on the issue tonight. Motion Councilmember Mullen moved that the Council close the public hearing. The motion, seconded by Councilmember Goodman, carried by the following vote: following Ayes: Mayor Pro Tem Trevino, Councilmembers Deuser, Duncan, Goodman, Mullen, Urdy, Mayor. McClellan Noes: None RECESS Council recessed its meeting at 12:15 a.m. and resumed its recessed meeting at 12:25 a.m. CITY OF AUSTIN, TEXAS August 6, 1981 PUBLIC HEARINGS POSTPONED Mayor Pro Tem Trevino moved that the Council postpone the following public hearing, scheduled for 7:30p.m. to August 20, 1981 at 6:30 p.m.: Consider an appeal from Mr. Richard Gravois, Glenna Balch, the Zilker Barton Heights Neighborhood Association and Cicily Simms, Richard and Elizabeth Murphy, on a Special Permit for Kinney Avenue Condominiums, 1307 and 1407 Kinney Avenue. C14p-81-029. The motion, seconded by Mayor McClellan, carried by the following vote: Ayes: Councilmembers Duncan, Goodman, Mullen, Mayor McClellan, Mayor Pro Tem Trevino, Councilmember Deuser Noes: None Not in Council Chamber when roll was called: Councilmember Urdy Mayor Pro Tem Trevino moved that the Council postpone the following public hearing, scheduled for 8:00p.m., to August 20, 1981 at 7:00 p.m.: Consider an appeal by John Meinrath from the imposition of monitoring and maintenance fees related to Maple Run, Sections 4 and 6. The motion, seconded by Councilmember Deuser, carried by the following vote: Ayes: Mayor McClellan, Mayor Pro Tem Trevino, Councilmembers Noes: Deuser, Duncan, Goodman, Mullen None Not in Council Chamber when roll was called: Councilmember Urdy BOARD AND COMMISSION APPOINTMENTS Mayor Pro Tem Trevino moved that the Council approve the following Board and Commission appointments: Planning Commission Rafael Quintanilla Elizabet Ney Sylvia Betts Electric Utility Gabriel Gutierrez, Jr. Construction Advisory Committee Scott Badget Community Development Norman Miller CITY OF AUSTIN, TEXAS August 6, 1981 The motion, seconded by Councilmember Goodman, carried by a unanimous vote. WCID NO. 20 Councilmember Mullen moved that the Council adopt a resolution approving an agreement concerning the creation of the Travis County Water Control and Improvement District No. 20, not including sewer, and authority to be the same as WCID (Water Control and Improvement District) No. 19. The motion, seconded by Mayor McClellan, carried by the following vote: Ayes: Mayor Pro Tem Trevino, Councilmembers Deuser, Duncan, Goodman, Mullen, Urdy, Mayor McClellan Noes: None WAIVER OF FEE Councilmember Duncan moved that the Council adopt a resolution refunding the street closure fee for the closing of the 16th Street Alley between Lavaca and Guadalupe on August 23, 1981 as requested by Art Defense. The motion, seconded by Mayor McClellan, carried by the following vote: Ayes: Councilmembers Deuser, Duncan, Goodman, Mullen, Urdy, Mayor McClellan, Mayor Pro Tem Trevino Noes: None They had paid a fee of $125.00 and Council allowed them the status of a non-profit organization, refunding $100.00 of the fee. PUBLIC HEARINGS SET Mayor Pro Tem Trevino moved that the Council set public hearings on the following to consider annexation of the following tracts of land for August 17, 1981 at 4:00 p.m.: 1. Milwood Section 8 (68.96 acres) and other acreage requested by the City (45.30 acres). C7a-80-015 2. Pheasant Run Section 1 (49.43 acres) and other acreage requested by the City (22.57 acres). C7a-81-018 3. Westcreek Phase III (19.77 acres) and other acreage requested by the City (17.23 acres). C7a-81-001 4. Brodie Tract (79.77 acres). C7a-81-002 5. Maple Run Section 3 and Maple Run Section 4 (98.69 acres). C7a-81-003 6. Milwood Section 10 (50.37 acres). C7a-81-004 CITY OF AUSTIN, TEXAS August 6, 1981. 7. Acreage out of J. C. Brook Survey #59 and John Applegait Survey #58 (64.94 acres) and other acreage requested by the City (2.09 acres). C7a-80-005 The motion, seconded by Mayor McClellan, carried by the following vote: Ayes: Councilmembers Duncan, Goodman, Mullen, Urdy, Mayor McClellan, Mayor Pro Tem Trevino, Councilmember Deuser Noes: None ORDINANCE REFERRED TO PLANNING COMMISSION The Council referred the following proposed ordinance to the Planning Commission: Consider amending Sections 41A-205.1, 29A-105.1, 41A-306.1, and 29A206.1 by deleting references therein to the Water Quality Review Board and substituting therefor the Water and Wastewater Commission and suspending the thirty day time period requirement for the holding of a hearing by the Water Quality Review Board for any and all requests for use of alternate strategies pursuant to such sections until such time that the Water and Wastewater Commission is created and appointed, and the Council rescinds this suspension. ZONING 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 August 26 and/or 27, 1981: MEADOW MOUNTAIN CORPORATION C814-81-006 Far West Boulevard From "A" Residence 1st Height and Area To a Planned Unit Development --residential condominiums with two office sites. From Interim "AA" Residence BILL MILBURN, INC. and CITY OF Tract 1: 3510-3900 and 3601-3903 AUSTIN Alexandria Drive By John Meinrath 8202-8206 and 8203-8205 and City of Croftwood Drive Ist Height and Area To "AA" Residence and "A" Residence, Ist Height and Area Austin 8300-8408 Hornet Drive C14-81-115 and all of Counselor Drive, Caspian Drive, Cayuga Drive,. Hobbs Cove and Arrow Drive Tract 2: 3508 Alexandria Drive 8301-8403 and 8410 Hornet Drive (continued) ۱ FREDDIE C. VERRELL By Linda Underwood C14-81-116 THE FOUR ACES, A PARTNERSHIP By W. E. "Rooster" Andrews C14-81-117 WANDA PLEONA WILCOX C14r-81-118 JOHN H. JOHNSON ESTATE By George Cofer/ Minor Wilson C14-81-119 HAZEL GOODNIGHT By Di Ann Johnston C14-81-120 ROBERT E. PARRIS, TRUSTEE C14r-81-121 NPC REALTY COMPANY By Scott Roberts C14-81-124 CITIZENS NATIONAL BANK By Floyd Hill, Ρ.Ε. C14r-81-125 CITY OF AUSTIN, TEXAS August 6, 1981 Tract 3: 3500-3506 Alexandria Drive 8210 Brodie Lane Tract 4: 3501-3507 Alexandria Drive 8300 Brodie Lane 1602 Fort View Road 509 West 39th Street 1101-1103 Ardenwood 4206 Bradwood From Interim "A" Residence 1st Height and Area To "GR" General Retail 1st Height and Area From "B" Residence To 2nd Height and Area "C" Commercial 2nd Height and Area From "A" Residence To 1st Height and Area "0" Office Ist Height and Area From "B" Residence 1409 West 6th Street To 512 Oakland Avenue ! 4802 South Congress 10930 Research Boulevard 2902 William Cannon Drive 9914, 10002-10116 Middle Fiskville Road 9914-10116 1.Η. 35 2nd Height and Area "0" Office 1st Height and Area From "DL" Light Industrial 1st Height and Area To "C" Commercial 1st Height and Area From Interim "AA" Residence 1st Height and Area To "GR" General Retail 1st Height and Area From "AA" Residence To 1st Height and Area "BB" Residence 1st Height and Area From Interim "AA" Residence 1st Height and Area To "C" Commercial 1st Height and Area JULIA VALLARINO By John Cosgrove C14-81-126 ESTATE OF NIEL M. SORENSON By Pierrepont F. Bartow, P.Ε. C14-81-127 INDIA ALMENA MICKEY By Roy A. Bechtol C14-81-128 LAND EQUITIES, INC. Donald C. Babel C14r-81-129 CITY OF AUSTIN PLANNING DEPARTMENT C14-81-130 =CITY OF AUSTIN, TEXAS August 6, 1981 1207 West 49th Street 5807, 5809, 5811 and 5813 Cameron Road 1504 West Avenue 6413-6811 Ι.Η. 35 (rear) 803-1001 Camino La Costa 904-1000 La Posada Drive 9010-9206 Steck Avenue 5100-5314 and 5101-5313 Doe Valley Lane 9200-9334 and 9201-9331 Knoll Creek Loop 5100-5118 and 5101-5115 Saddleridge Cove 5100-5200 Bluffside Drive 9000-9006 and 9001-9007 Arbor Oaks Cove From "A" Residence To Ist Height and Area "B" Residence 1st Height and Area From "A" Residence 1st Height and Area To "BB" Residence 1st Height and Area From "A" Residence Ist Height and Area To "0" Office 1st Height and Area From "C" Commercial 2nd Height and Area "C" Commercial 3rd Height and Area To From Interim "AA" Residence and Interim "AA" Planned Unit Development, 1st Height and Area To "AA" Residence and "AA Planned Unit Development Ist Height and Area 9100-9106 and 9101-9107 Country Canyon Cove 9100-9104 and 9101-9105 Echo Point Cove 9100-9106 and 9101-9105 Breeze Point Cove 9200-9208 and 9201-9207 Amberwood Cove 9200-9210 and 9101-9209 Summerhill Cove 5006-5506 and 5009-5505 Rain Creek Parkway 5200-5306 and 5201-5305 Welcome Glen 5300-5408 and 5301-5409 Musket Ridge 9600-9700 and 9601-9703 Morning Court 9700-9706 and 9701-9705 Sorrento Court 9700-9706 and 9701-9705 Courtleigh Circle 5300-5406 and 5301-5405 Marsh Creek Drive 9500-9512 and 9501-9513 Golden Hills Circle =CITY OF AUSTIN, TEXAS August 6, 1981 CITY OF AUSTIN 206-304 and 207-303 From Interim "AA" Residence PLANNING DEPARTMENT C14-81-131 Meadow Lea Drive 1st Height and Area 7100-7204 and 7101-7207 To "AA" Residence Ist Height and Area CITY OF AUSTIN PLANNING DEPARTMENT C14r-81-132 CITY OF AUSTIN PLANNING DEPARTMENT C14r-81-135 MCKEAN-EILERS, DAY AND SWIFT BUILDINGS C14h-81-011 FAIRWAY ESTATES, INC. By Ralph Stansberry Wishing Well Drive 7006-7200 and 7007-7203 Lunar Drive 200-316 and 201-317 Kimberly Drive 300-402 and 301-407 Tawny Drive 7100-7110 and 7101-7111 Tawny Circle 7009-7203 Shadywood Drive 7100-7106 and 7101-7107 Lyric Drive 6613 and 6803-7401 McNeil Road All of Jekel Circle, Pecan Street and Oakmont Street 23-41 Waller Street 41-1/4-49-3/4 Waller (rear) 1201-1205 Haskell Street (rear) 1207-1409 Haskell Street 36-56 Comal Street 22½-34½ Comal Street 1501-1511 Haskell Street 311-319 Congress Avenue 9223-9233 Balcones Club Drive 13316-13330 U.S. 183 From Interim "AA" Residence 1st Height and Area To Appropriate Zoning From "C" Commercial, 4th Height and Area and "B" Residence, 1st Height and Area To "0" Office, 1st and 4th Height and Area; and "AA" and "A" Residence, Ist Height and Area From "C-2" Commercial 4th Height and Area Το "C-2-H" Commercial-Historic 4th Height and Area From Interim "AA" Residence To 1st Height and Area "GR" General Retail 1st Height and Area C14r-80-049 UVAG REALTY PARTNERSHIP By W. M. Faust C14-81-053 CITY OF AUSTIN PLANNING DEPARTMENT C14-81-112 DIVERSIFIED INVESTMENT COMPANY By David H. Ham C14-81-097 DOYLE WILSON BUILDER, INC. By Joe Lucas C14-81-108 DOYLE WILSON BUILDER, INC. By Joe Lucas C14-81-110 CITY OF AUSTIN C14-81-156 By Planning Department CITY OF AUSTIN, TEXASAugust 6, 1981 3200-3220 and 3300-3310 North Lamar 1000-1012 and 1001-1013 West 33rd Street 1011-1015 West 32nd Street 3105 Wabash 1010-1016 West 31st 3200-3212 Bailey 1201-1203 and 1207-1209 West 33rd Street 1307-1315 West 34th 3203-3211 and 3301-3305 Shoal Creek Boulevard 1221 West 33rd Street Area generally bounded by West 29th to the south; West 34th to the north; Guadalupe to the east; and Lamar Boulevard to the west. 611 Blanco Street 8006, 8100, 8102, 8104 South 1st Street 8400 block Robbie Drive 3810 Cima Serena 3501-3507, 3500-3506, 3602-3900 and 3603-3903 Alexandria Drive 8202-8206 and 8203-8205 Croftwood Drive all of Counselor Drive, Caspian Drive, Cayuga Drive, Hobbs Cove and Arrow Amendment to Restrictive Covenant From "A", "BB", "BB-H", "B", "0" and "C" 1st and 2nd Height and Area To "A" Residence, "A-H" Residence-Historic, "BB" Residence, "B" Residence, and "0" Office, 1st and 2nd Height and Area From "A" Residence To 1st Height and Area "B" Residence 2nd Height and Area From Interim "AA" Residence To 1st Height and Area "A" Residence 1st Height and Area From Interim "A" Residence 1st Height and Area "A-2" Condominium 1st Height and Area To From Interim "AA" Residence 1st Height and Area To "AA" Residence, 1st Height and Area (Tract 1) "A" Residence, Ist Height and Area (Tracts 2 and 3) Drive 8210 and 8300 Brodie Lane =CITY OF AUSTIN, TEXAS August 6, 1981 CITIZEN COMMUNICATION MR. C. W. BODE, JR., president elect, Capital Area Pharmaceutical Association, appeared before Council to say there was an error in the Minutes of July 30, 1981, and asked for it to be corrected. No action was taken by Council. ADJOURNMENT Council adjourned its meeting at 12:30a.m., August 7, 1981. ATTEST: Grace Monroe City Clerk APPROVED C Mayor