C TY FOUNDED TAS Austin City Council MINUTES For March 04, 1982 3:00 Ρ.Μ. -- Council Chambers, 301 West Second Street, Austin, Texas Memorandum To: City Council Carole Keeton McClellan Mayor John Treviño, Jr. Mayor Pro Tem Council Members Larry Deuser Roger Duncan Richard Goodman Ron Mullen Charles E. Urdy Nicholas M. Meiszer City Manager Grace Monroe City Clerk Mayor McClellan called to order the Meeting of the Council scheduled for 3:00p.m. at 3:00p.m., noting the absence of all Councilmembers. Councilmembers Duncan, Deuser and Mullen entered the Council Chamber at 3:05 p.m. Mayor Pro Tem Trevino entered at 3:10; Councilmember Urdy at 3:25 and Councilmember Goodman at 3:30 p.m. INVOCATION The Invocation was given by Reverend Jim R. Colley, Southside Church of Christ. MINUTES HELD Council requested the Minutes for Regular Meetings of February 4, 10, 11, and Special Meeting of February 18, 1982 be held for approval. BOARD & COMMISSION APPOINTMENTS Mayor McClellan announced the following board and commission appointments are due to be made: Ethics Review Commission, 1; Austin Tomorrow On-Going Committee, 8; Manpower Advisory Planning Council, 4; Neighborhood Revitalization Commission, 1; Environmental Board, 1; Hospital Board, 1; Board of Adjustment, 6; Electric Utility Commission, 1; EMS Quality Assurance Team, 5; Urban Transportation Commission, 4; Joint Airport Zoning Board, 1; Elisabet Ney Museum Board of Directors, 1, Council Memo 2 ZONING HEARING March 4, 1982 Mayor McClellan announced Council would hear the following zoning case. Council heard, closed the public hearing, granted and instructed the City Attorney to draw the necessary ordinances. C14-81 281 STEVE C. GRINNELL 1607 West Avenue From "A" 1st H&A By Jerry L. Harris To "0" 1st H&A NO RECOMMENDATION GRANTED 0-1 1st WITH RESTRICTIVE COVENANT ORDINANCE APPROVING WILL BE SUBJECT TO A VALID PETITION ON "0-1" 1st H&A. Mr. Lillie, Director of Planning, reviewed the application. He said there is a valid petition on file.on the change to "O" 1st H&A. Jerry Harris, representing ting the applicant, t, told Council the zoning request is consistent with the area. Mr. Grinnell will file a restrictive covenant to not change the exterior and he will not oppose Historic zoning. There will be off street parking to the rear. Use will be for an architect's office. Mr. Harris said there is already zoning other than "A" in the block and the plans for this structure will not be an intrusion into "A" but will be consistent. Councilmember Deuser asked when the last change to more permissive use had occured in the area. Mr. Harris told him in 1979 or 1980. Sam Planna, Kuhnel & Associates, Architects, told Council they are the ones who plan to occupy the building and 95% of their business is out of the State of Texas so they will not increase the traffic flow. Ed Norton, 1712 Rio Grande, said he favors the change because a lot of planning has been done. It is compatible with neighborhood & restoration should be allowed. Gaye Gillenstone, 1709 Rio Grande, bought her property to be renovated for a travel agency. She said she believes in young people who are restoring property. Lloyd Petty, owner of Bloom's, said his property is behind the property in question and he does not fear congestion, He said the parking and traffic problems in the area are associated with ACC and UT. David Shiflet, architect, is in the process of buying Bloom's, He said the proposal is a sensible approach to saving downtown buildings, Judith Fowler spoke in favor of the change. Richard Buratti read a list of property owners favoring the zoning change. Janet Weiss read a letter from Mr. Fatter of Holt, Fatter, Scott Architects who is in favor of the zoning change. She also read a letter from Frances Berezovytch who favors the change. Ginger Adem favors the zoning change. Council Memo HEARING - (Continued) 3 March 4, 1982 Frank Herron asked Council to grant. He said there is no material difference between this one and the zoning change done next door in 1979. C.H. Beardsly said he sold the properties several years ago to Steve Grinnell. He can see no detriment to the zoning change. Eden Box said there should be guidelines for mixed use. Pete Dwyer favors the change. Roger Joseph, who owns apartments in the area favors the change. Suzanne Cannon, president of the area neighborhood association, said this is a clouded case. When the property next door was zoned "0" they did not fight it because they were told that would be the end of the request for "0" zoning if Mr. Grinnell had income from the house next door with "0". Steve Grinnell, owner of the property, said it was his intent to restore both properties and zone them "0". Beverly Zapalac showed Council a chart of the uses in the neighborhood. She opposes the zoning change. Sue Howard, West Avenue, opposes the change. Susan Johns said the property, which contains a greenhouse and a hot tub is not suitable for an office. She opposed the zoning change. Lucy Merritt, who has lived two houses away from the property since 1927 wants it to remain a residential area. Dee Schoop, 804 W. 17th is against the change, John Tolliver, 1611 West Avenue, discussed his house next door. Stephanie Ebert wants the area kept residential. Jerry Harris appeared for the summantion. He said Mr. Grinnell does not intend to destroy the neighborhood. Low density use is intended and that makes sense. The area at present has mixed uses with "0", single family and multi-family uses. He asked Council to grant the change. Councilmember Duncan said it appears Mr. Grinnell had intended to live in his house a long time. Motion Councilmember Mullen made a motion, seconded by Councilmember Goodman to grant 0-1 1st H&A with restrictive covenant to not change the exterior and not oppose Historic Zoning. Council Memo HEARING - (Continued) 4. March 4, 1982 Mayor McClellan said she does not see 0-1 as an offensive use and it is better than "0" in order to prevent apartments. Councilmember Deuser said it is too bad 'because Mr. Grinnell has done some quality work but this is residential in a residential neighborhood and he will vote against the change. Councilmember Urdy said he would support the change because the use can change tomorrow in the properties that are "0" and residential now. Mayor McClellan stated, "Councilmember Deuser said earlier that he agreed with the Mayor that it's quote 'not that bad of a use' end quote. I just wanted to say for the record, those are not my words. I said it was not offensive to the neighborhood, in fact I pointed out I thought it was a very appropriate and consistent use with what's going on and I think there is a little bit different connotation there on the choice of words." Councilmember Goodman said he favors the zoning and thinks it is appropriate. He said the two main players in the case are Steve Brinnell and Suzanne Cannon. He said he is disapointed that Ms. Cannon is opposing the case because "in the long term it is the efforts of both Mr. Grinnell and Ms. Cannon that makes the nighborhood a better place to live and work." Roll Call on Motion 5-2 Vote, Councilmembers Duncan and Deuser voted No. Jim Nias, Assistant City Attorney, stated a new petition will need to be filed against the "0-1" zoning because the petition presently on file is against "0" zoning. at 4:57 p.m. RECESS Council recessed its meeting at 4:45 p.m. and resumed its recessed meeting contract: CONTRACT BID DISCUSSED Council had before it for consideration the approval of the following AUSTIN COMMUNITY DISPOSAL CO., INC. 9708 Giles Road Austin, Texas - Dispose of municipal solid waste Public Works Department Twelve (12) month contract Estimate cost: $108,680.00 Mr. Dennis Hough, Purchasing Department, explained all points of the bid. City Manager Meiszer said there are many factors in the point system to select the awarding of a bid. Mr. Hough pointed out that two firms, Sunset Farms Municipal Waste Disposal Facility and Austin Community Disposal Company, Inc, submitted proposals in accordance with the specifications of the Request for Proposal. It is the conclusion of the evaluation team that the contract should be awarded to Austin Community Disposal. The process was fair and impartial and the numbers came close. Council Memo CONTRACT - (Continued) 5 March 4, 1982 Motion Mayor Pro Tem Trevino made a motion, seconded by Councilmember Duncan to accept the Austin Community Disposal bid... Councilmember Goodman expressed concern because there had not been a pre-bid proposal. Substitute Motion Councilmember Goodman offered a substitute motion to re-bid the contract. Mayor McClellan seconded the motion. Mayor McClellan said there have been a lot of questions on this bid, therefore she supports re-bidding. Discussion followed. Councilmember Goodman said the re-bid should contain what the City's requirements are. Councilmember Mullen said he does not think there has been any impropriety. Roll Call - Substitute Motion 4-3 Vote, Mayor Pro Tem Trevino, Councilmember Deuser and Duncan voted No. VARIANCE DISCUSSED Mr. Adrian Piperi appeared before Council to discuss justification of not granting a variance on Tumblewood Place, Mr. Lillie informed him there is an appeal process which he should follow and this will come to Council in routine form. Motion The Council, on Councilmember Mullen's motion, Mayor McClellan's second, set a public hearing on March 18, 1982 at 3:00 p.m. on an appeal of the decision not to grant a variance on Tumblewood Place. (7-0 Vote) POLLING PLACES APPROVED FOR AISD The Council, on Councilmember Mullen's motion, Councilmember Goodman's second, approved the request of Mr. James E. Gandy, Election Administrator, Austin Independent School District, for permission to use the following City facilities as polling places for the School Trustee Election on April 3, 1982 (and a run-off, if required, on April 24, 1982): 7-0 Vote Doris Miller Auditorium, 2300 Rosewood Avenue City Fire Station, Spicewood Springs Road City Fire Station #25, 5228 Duval Road Ullrich Water Treatment Plan, 1000 Forestview 125 230 251,254 322 335 425, 407 439 Pan American Recreation Center, 2100 East 3rd Street 336 City Fire Station, 506 West M.L.K. Boulevard City Fire Station #22, 5309 E. Riverside Senior Activities Center, 2874 Shoal Crest i Council Memo 6 POLLING PLACES FOR G.O.P. PRIMARY March 4, 1982 The Council, on Councilmember Mullen's motion, Councilmember Goodman's second, approved the request of Ms. Clara Jean Sherril, coordinator, Travis County Republican Party Primary, for permission for the use of the following City facilities as polling places for the 1982 G.O.P. Primary on Saturday, May 1, 1982: (7-0 Vote) 125 Doris Miller Auditorium, 2300 Rosewood Avenue 322 Ullrich Water Treatment Plant, 1000 Forestview Drive 331 Austin Recreation Center, 1213 Shoal Creek 450 City Fire Station, Nuckles Crossing. 230 City Fire Station, Spicewood Springs Road CITIZEN DID NOT APPEAR Mr. Richard Allen Dennis had requested to appear before Council to discuss City police. He did not appear because his problem was solved. CITIZEN DID NOT APPEAR Mr. Smoot Carl-Mitchell, president, Austin Neighborhoods Council, had requested to discuss height limitation of buildings. He did not appear. The Mayor read a statement from him. PARADE PERMIT The Council, on Mayor Pro Tem Trevino's motion, Councilmember Mullen's second, approved the following Parade Permit: (7-0 Vote) Request for a Parade Permit from Mr. Michael Putnam for Austin Runners Club, from 4:00 p.m. to 6:30p.m., Saturday, March 27, 1982, beginning from West 1st Street, west on Lake Austin Blvd, east on Enfield, north on Dillman & Hopi Trail, west on Windsor, south on Robinhood Trail, west on Enfield, east on Lake Austin Blvd. east on West ist Street to finish line on West 1st St. adjacent to Austin High track and football field. CITIZEN'S PROBLEM SOLVED Mr. Leon Hernandez had requested permission to use Zaragosa Park baseball field from March 15, 1982 through July 1, 1982 for East Austin Youth Association Senior League, He did not appear before Council because his problem was solved. CENTRAL COUNTING SERVICES FOR DEMOCRATIC PRIMARY Mr. David M. Gray, primary director, Travis County Democratic Executive Council Memo RUNOFF (Continued) 7 March 6. 1982 Committee appeared before Council to request that the City provide central counting services for the May 1, 1982 Primary and June 5, 1982 Runoff and various polling places. Motion The Council, on Mayor Pro Tem Trevino's motion, Mayor McClellan's second, adopted a resolution allowing the use of City Data Processing System (Central Counting Station) to provide automated services for Party Primary and General Election. (7-0 Vote) JOINT ELECTION The Council, on Councilmember Deuser's motion, Councilmember Duncan's second, approved the request of County Clerk Doris Shropshire, that Travis County and the City of Austin hold a joint Election on April 3, 1982, in election precincts that constitute Travis County Justice of Peace Precinct 4, which lies in the City limits of Austin. (6-0 Vote, Councilmember Goodman was out of the room.) COOPERATIVE HYDROLOGIC STUDY Ms. Connie Moore, president, Zilker Park Posse appeared before Council to request their approval of the Cooperative Hydrologic Study, a monitoring program., Motion The Council, on Councilmember Duncan's motion, Councilmember Urdy's second, waived the requirement for three readings and finally passed an ordinance amending the 1981-82 Operating Budget by transferring $40,000 from the ending balance and $11,020 from Public Works Permit budget, to the Public Works budget for the Cooperative Hydrologic Study with the United States Geological Survey at the level approved by Council; and renewing the agreement between the United States Geological Survey and the Department of the Interior and the City of Austin for an investigation of the ground and surface water regimen (quality and quantity) in the Austin Metropolitan Area; with a friendly amendment by Councilmember Goodman to ask the Director of Planning to identify where the funds would be transferred from within the Public Works budget. (7-0 Vote) JAMES CASEY STREET Council had before it for consideration an ordinance closing James Casey Street south of Radam Lane. (Public hearing held and closed February 10, 1982.) Mr. German, Director of Public Works, showed Council a map of the area and a proposed emergency gate which could be used if James Casey is closed, for the use of emergency vehicles getting to and from Radam Lane. Mayor McClellan said she thought the design was dangerous and that James Casey should either be open or closed. Council Memo STREET - (Continued) 8 March 4, 1982 Motion Councilmember Duncan made a motion, seconded by Mayor McClellan to keep open James Casey Street south of Radam Lane." Substitute Motion Councilmember Deuser made a substitute motion to adopt the plan of the Public Works Department. (To close James Casey Street except for emergency vehicles.) Mr. Guymon Phillips, Assistant City Manager, said all departments have reviewed the plan and it is acceptable. After some discussion the roll was called. Roll Call on Substitute Motion 3-4 Vote, Mayor McClellan, Mayor Pro Tem Trevino, Councilmembers Duncan and Mullen voted No.. Roll Call on Motion 4-3 Vote, Councilmembers Urdy, Deuser and Goodman voted No. COMMUNITY DEVELOPMENT BLOCK GRANT Motion Mayor Pro Tem Trevino made a motion, seconded by Councilmember Duncan to waive the requirment for three readings and finally pass the Community Development Block Grant Ordinance as approved by the Community Development Commission. Mayor McClellan said with this ordinance "We are limiting the City's flexibility in administering CDBG funds at a time when the Feds are attempting to allow City's more flexibility and self determination. I also have a problem with passing an ordinance, and I realize it is a fine citizen's group that originally presented this, ACORN, we are doing a compromising one, but in drafting the ordinance that limits an elected public body. This body is elected by the people, can be un-elected by the people and why pass an ordinance that ties our hands." Motion Withdrawn Mayor Pro Tem Trevino withdrew his motion and Councilmember Duncan withdrew his second. Discussion followed and Council said they would come back to this later. Council Memo CDBG - (Continued) LATER IN THE DAY: 9 March 4, 1982 Motion The Council, on Mayor Pro Tem Trevino's motion, Councilmember Duncan's second, PASSED THROUGH FIRST READING ONLY, the Community Development Block Grant Ordinance as approved by the Community Development Commission. (5-1 Vote, Mayor McClellan voted NO, Councilmember Mullen was out of the room.) NORTHWEST TRAVIS COUNTY M.U.D. #1 BOND ORDER The Council, on Councilmember Deuser's motion, Mayor McClellan's second, waived the requirement for three readings and finally passed an ordinance approving the adoption of a bond order in the amount of $3,550,000 by Northwest Travis County Municipal District #1, authorizing the execution of a contract between the City of Austin, Texas and said district. (7-0 Vote) PUBLIC HEARING SET SHEPHERD MOUNTAIN TRACT The Council, on Councilmember Mullen's motion, Mayor McClellan's second, set a public hearing for March 11, 1982 at 2:30p.m. to consider amending Ordinance No. 810820-B (Water and Wastewater Service Area Ordinance) to include Shepherd Mountain Tract. (7-0 Vote) PUBLIC HEARING - BARR SUBDIVISION Mayor McClellan opened the public hearing set for 6:00p.m. on an appeal from Mr. Jim Spence, or the Planning Commission decision regarding Barr Subdivision. (C85-80-094) Mr. Lillie, Director of Planning, addressed Council as follows: "Section 41.4 the Subdivision Ordinance provides an appeal process for subdivision applicants that disagree with the action of the Planning Commission on issues lawfully subject to review by the City Council. In the past appeals have included specifically fiscal requirements by the Planning Commission which the Commission felt necessary in the orderly development of the community. The Barr Subdivision is a one lot plat on old U.S. 183-Jollyville Road northwest of the City. The tract, when split from the larger tract had never been legally subdivided. In the review by the Planning Commission and the Departments, the Water and Wastewater Department required an upgrading of a 24 inch water line to a 160' of 8" water line as required by other subdivisions in the area, specifically Summit Oak Section 3, Phases I and II. The cost of the water line was $5,200.00. Also, to extend 65' of 8" wastewater line for a cost of $2,950.00. The Public Works Department required 140' of½ of a 44' street for an estimate of $4,900.00. and the Urban Transportation Department required sidewalks and because the land is within the corporate limits, there is no fiscal requirement but the applicant is desirous of being relieved of building the sidewalks themselves. Council Memo BARR SUBDIVISION - (Continued) 10 March 4, 1982 The total fiscal requirement for this one lot subdivision is $13,050." Mr. German, Director of Public Works, said in regard to the street and sidewalk there are 18 other subdivisions along this portion of Jollyville Road that have been required to put up fiscal for street improvements and sidewalks and have been upheld by the Planning Commission so this is not an unusual case. Jim Spence, applicant, said the one lot subdivision had a pre-existing use of a grocery store since the 1930's and said there is no ordinance that requires him to install an 8" water line. Mr. Rodger White, Acting Director, Water and Wastewater, stated the City does not have ordinance authority but other subdivision's have brought an 8" line to the tract. Councilmember Mullen said this means Council is in a judgement situation. Mr. Nias, Assistant City Attorney told Council that it is true there is no ordinance backing up the water line Motion • The Council, on Councilmember Mullen's motion, Councilmember Duncan's second, closed the public hearing & allowed the variance. ROBERTSON HILL PROJECT The Council, on Councilmember Urdy's motion, Councilmember Duncan's second, waived the requirement for three readings and finally passed an ordinance amending the 1981-82 Operating Budget by appropriating $23,000 for the position of full time Project Coordinator and a full time secretary, from Robertson Hill Project fund for the continuation of the Robertson Hill Project coordination. (7-0 Vote) Prior to the passage of the Ordinance, Robert E. Lee had spoken to Council concerning the amount allotted. The amount under consideration on the Agenda was for $19,060.00 for full time project coordinator and a half-time secretary. Mr. Lee pointed out the need for a full time secretary. After some discussion, Council agreed. RECESS Council recessed its meeting at 6:50 P.M. and resumed its recessed meeting at 7:20 P.M. Councilmember Mullen did not return to the Council Chamber. i i Council Memo 11 NORTH CENTRAL GROWTH CORRIDOR MUD #1 March 4, 1982 Mayor McClellan opened the public hearing scheduled for 6:30p.m. on the North Central Growth Corridor MUD #1. Mr. Lillie reviewed the request that had been previously put before Council. Marc Bailes, vice president of Nash Phillips Copus appeared before Council and introduced Ed Wendler Sr., who is representing NPC in this proposed project. He said the issue before Council is a policy question and the City is a public utility which is to provide water and sewer to all. The Council's predecessors decided service would not be confined to the City limits. Council established the service areas not long ago and Mr. Wendler said if Council approves the MUD they will make a committment of sewers in the Preferred Growth Area at NPC's expense. Councilmember Goodman asked for provisions concerning annexation. David Armbrust, attorney for NPC, said State law provides that annexation will not occur until 90% of the MUD has been installed. He said the District will have all facilities installed in 12 years. NPC will neither support or sign a petition seeking incorporation. The City of Austin will be able to annex the area. If the City is presented with a valid petition seeking incorporation, the City can annex right away. Terry Bray, representing, Trammel Crow, Co., supports the proposition. Ed Wendler Jr., said the landowners in the area have met several times and concluded that residents of the area will pay a user fee, Mr. Mills said the area is expanding and all ingredients are in place to fulfill the committment of the Master Plan, except utilities. Jay Evans, owner of a construction company, wants to locate his plant in the area and they need utilities, Tim Mahoney, read a statement from Palmer Wright who is against, Says the issue should go to the voters. Mayor McClellan said MUD's have not been put to a vote by the citizens. She asked for a listing of all MUD's approved since 1977. David Wier thinks the NPC MUD plan is corrupt. Smoot Carl-Mitchell, president, Austin Neighborhood Council, spoke, Jackie Jacobson, resident of West Lake Hills, asked a lot of questions which were answered by Charlene Niebarten, Assistant City Attorney; Phil Scheps, Director of Finance and Rodger White, Acting Director of Water and Wastewater, Merle Modine said several things about the request disturbs him and he said this should go to the voters. Shudde Fath asked Council to draw up a new bond proposal to give to voters. Council Memo MUD #1 - (Continued) 12 March 4, 1982 Frank Herron said many people want to stop growth in Austin. He said that is impossible unless quality of life and the economy stops. He said the bottom line of the proposal is that the taxpayers would be saved $130,000,000.00. He asked Council to plan for the future of the City and stop creating brush fires for the media. Bill Carsow said he recommends the adoption of the user pay as you go system. Roger Baker spoke against. He said it would be unplanned urban sprawl. Joe Riddell spoke against. He said it should be in an election. Barry Adair, Texas Market Group, thought this is something which should be done eventually but the City should be organized for it. Ruby Goodwin, representing Travis County Democratic Women, said she could not get any information on this transaction. Mayor McClellan told her this is the first public hearing. Information is available in the City Clerk's office. Ray Ablair, who is not an Austin resident, but who pays taxes in the City, asked Council to make the developer pay. John Joseph, representing a property owner in the area, thinks the development is a good one. Ed Wendler Sr. appeared for the summation. He said the proposal has been through four boards and commissions. He told Council they represent more than the City, they are the public utility.and asked their approval. Motion The Council, on Councilmember Goodman's motion, Mayor Pro Tem Trevino's second, voted to continue the public hearing on March 18, 1982 at 7:00p.m. (6-0 Vote, Councilmember Mullen absent.): at 9:25 p.m. RECESS Council recessed its meeting at 9:15 p.m. and resumed its recessed meeting ITEMS PULLED FROM AGENDA Council pulled from the agenda consideration of amendments to the 1981 Austin City Code (Zoning Ordiances) to cover the following changes: a. DR. ROBERT M. CAIN & GEORGE A. CAIN By Tom Curtis C14-81-228 112-8212 Cameron Road 1316-1430 Rutherford I ane From "GR" & "BB" 1st H&A to "DL" Ist H&A Council Memo ITEMS PULLED - (Continued) 13 b. GEORGE ARRENDONDO/CASITA 5004 Lynwood JORGES, INC. By Willerd Perkins, Jr. C14-81-173 March 4, 1982 From "A" & "B" 1st H&A to "0" & "GR" 1st H&A DISCHARGE PERMIT DELAY REQUESTED The Council, on Councilmember Duncan's motion, Mayor Pro Tem Trevino's second, adopted a resolution directing staff to contact the Texas Department of Water Resources seeking a delay of the hearing in the matter of the discharge permit for the Shepherd Mt. development. (6-0 Vote, Councilmember Mullen absent) ITEM POSTPONED Council agreed to bring back on the March 11, 1982 agenda a resolution to consider authorizing a one (1) year extension of a contract with Burnup & Sims of Texas, Inc. originally approved by Council on January 31, 1980, for electric utility transmission and distribution construction, alterations and line clearing work. WORK SESSION ON AIRPORT REQUIREMENTS SET The Council, on Councilmember Goodman's motion, Councilmember Duncan's second, set a work session on airport requirements for March 24, 1982 at 4:30 Ρ.Μ. (6-0 Vote, Councilmember Mullen absent.) ITEM RESCHEDULED Council directed staff to schedule the following as a resolution to be considered on the March 11, 1982 Agenda: Consider adopting subdivision (Chapter 13-3) and site development (Chapter 9-10) controls for the Lake Austin Shoreland Zone. ZONING HEARING Mayor McClellan opened the public hearing scheduled for 7:30 p.m. on the following zoning case. it next week for a vote. Council heard, closed the public hearing, and scheduled C14-81 237 COUNTY GROCERY, INC. 11794 Jollyville Rd. also bounded by By Jim Spence Sierra Nevada From "A" 1st H&A To "LR" 1st H&A RECOMMENDED (as amended "LR" noting non-conforming use (body shop); restricted to grocery use only. Council Memo ZONING HEARING - (Continued) 14 March 4, 1982 CLOSE PUBLIC HEARING AND SCHEDULED MARCH 11, 1982 FOR VOTE Mr. Jim Spence, representing the applicant, appeared before Council and said the pre-existing use has been there for four decades. He said the owner wil improve the structure. Judy Walker, representing the neighborhood association, stated they are opposed to the change and have a valid petition on file. (On Mayor Pro Tem Trevino's motion, Councilmember Deuser's second, 5-0 Vote, Councilmember Goodman out of the room, Councilmember Mullen absent.) At this point, Councilmember Deuser left the Council Chamber. PUBLIC HEARING SET The Council, on Councilmember Duncan's motion, Mayor McClellan's second, adopted a resolution setting a public hearing to amend Chapter 13-3-378, Article I, Barton Creek Watershed Ordinance of March 25, 1982 at 7:15 p.m. (5-0 Vote, Councilmember Mullen and Councilmember Deuser absent.) ! CONTRACT TO BE CONSIDERED NEXT WEEK Council will consider the following contract next week: ARM-MILL ROOFING 7701 Cooper Lane Austin, Texas - Replacement of roof, Fire Station No. 15 $14,188.00 - ADJOURNMENT Council adjourned its meeting at 10:15 p.m.