CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting December 13, 1962 10:00 Α.Μ. Council Chamber, City Hall 1310 The meeting was called to order with Mayor Palmer presiding. Roll call: Present: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Absent: None Present also: W. T. Williams, Jr., City Manager; Doren R. Eskew, City Attorney; Reuben Rountree, Jr., Director of Public Works; Barent Rosen, Acting Chief of Police Invocation was delivered by REV. WILLIAM ANDERSON, Trinity United, United Church of Christ. He The Mayor announced the public bearing called was for the purpose of learning about the advantages, disadvantages, and the problems involved in certain systems which use public property in distributing television signals. He read some rules to be followed in this hearing and stated the hearing had not been called to determine how many or what type of television transmitting stations there should be, or to determine the quality, or desirability or not of any particular kind or fare of television program or production of viewing. stated the Council needed information about the advantages and disadvantages of using local city property for distributing television signals; also information, evidence, advice and opinion from the public concerning the public need for television signal distribution service in Austin by somebody. The hearing was not called to decide who would receive permission to operate a system; nor to decide whether the granting of any permission, franchise license, or right would or would not be legal. After further explanation of the purpose of the meeting, the Mayor opened the hearing to the public. MR. JOE DARNELL, Director of the Committee of Public Affairs of the Chamber of Commerce, stated this group wanted to be on record as favoring the prin- ciple of cable television by someone--no particular company or no particular method. MR. GALE ESSARY read a statement expressing his favor of a cable system for Austin, but asked the Council to check into the effect it would have on the local merchants as to their advertising; that it check into the effect it would have on the possibility of another television station, should this ever become technically possible; that the Council be sure to provide adequate public safeguards against unfair and exhorbitant rates, as this type of business would be CITY OF AUSTIN, TEXAS 1311 asking the right to collect up to a half-million dollars in two weeks and the right to $3 million more every year; that the Council consider a short-term permit or preferably a franchise, since there was a legal question as to the use of city-owned streets and poles by any other than a public utility; that in some cities where a large initial installment fee had been charged, there is no such fee to "hook" on now and he assumed the original subscribers paid for the system, and everything thereafter was profit to the company owners. He suggested then that the connection fee could be required to be returned with interest after the company was financially established, or that those who pay the fee be issued stock in the company. Mr. Essary then asked the Council to endorse and approve a cable system for Austin. MR. TRUEMAN O'QUINN representing himself and his associates in the INDEPENDENT CABLE TELEVISION OF AUSTIN, INC., stated they had filed an application for permission to use portions of the streets and poles for the installa- tion of cable TV in Austin on October 18th; and prior to the filing of that application, they had made an investigation and reached a conclusion that there was definitely a demand and need for additional TV viewing here. He said after sending out communications and running advertisements in the papers his group, from the response received, stili concluded there was a public demand for the additional TV viewing, and they proposed to offer such on an individual basis without any connection with the local company or any company elsewhere--only a strictly home-owned proposition, and they were ready to present their final and written proposal next Thursday. MR. C. T. JOHNSON asked the Council to take lots of time to study this matter and stated the antennas were unsightly on the homes. He said many had antennas and had the opportunity of four channels costing about $17.50; but the City is one of small income groups. He inquired how this type of television would affect the economy of the merchants of the city, stating it would give an opportunity to have better television facilities, and the more companies that would compete the better. MRS. GRIBBLE stated an instance of a refined retired gentleman moving to Austin; but when he came and was selecting a home he found there was only one Television Station, and he moved to Kerrville. She said he would have been an asset to Austin. She was in favor of the new system of Television. One interested citizen stated the people do want an additional type of television viewing here, as there is only one station and the purchase of antennae de expensive; and in addition the antennae are more effective in the higher sections of the city. He stated due to there being only one station, the people have no choice of shows which are being shown and which this one station does not choose to program. Due to Austin's position with reference to another channel 'being assigned here, it would seem this cable TV was the only answer to satisfy the need for a choice of programs. He said he was very much in favor of this. MRS. LEON DONN asked for an official opinion as to the inability to build another station in Austin, as this would be related to her deciding whether she was for er against a cable TV system. If another station can be built here, she stated she would disapprove all cable systems. MR. FRANK DENIUS, representing Capitol Cable Company which was organized in 1957 and filed its application before the Council for a permit or franchise - CITY OF AUSTIN, TEXAS to operate a community antenna TV system, stated the company is still ready to put in the most modern system at this time. He stated Mr. Essary had developed some fine points which should be seriously considered by the Council; but when the Council is ready to consider the merits of the proposals, his company was ready to present its proposal, and their proposal would minimize all the detriments while maximizing the benefits to the community. He stated he believed there was a public need for cable television, and it would serve a public need and public convenience. Whatever time the Council set, his company was prepared to submit their proposal. MR. GAYNOR KENDALL, representing VUMORE, stated the fact these companies are proposing to spend great sums of capital in installation and take a chance of recovering it indicates there is a considerable demand in Austin for cable TV. He stated the VHF stations had been per-empted under F.C.C. rules, and the fact these companies are willing to come in evidences there is a damand for the service that cannot be met by other stations. He described methods of bringing in the various types of television signals, and he wanted to know what kind the city would be interested in having his company make its proposal on. MR. JOHN COFER representing Mr. Eddy Joseph and his theatre interests, stated this micro-wave business was picking up someone else's business and selling it to others; and whatever the Council did, it should protect itself against the liabilities that might accrue to the city by participating or sharing in the franchise, from copyrights. He was opposed to this type of TV viewing, as it would affect the business of the Austin merchants, and hurt down-town Austin, as he believed people would be encouraged to watch the out-of-town TV and advertising and then drive over to these cities to do their shopping. He asked how the Council would decide to which company to grant an exclusive franchise if they were not public utilities. He suggested that the Council pass an ordinance prescribing the conditions under which people could pipe TV into the homes and make it an administrative matter of one of the Departments as to whether or not people who have filed an application have complied with the ordinance, and the Council not be placed in the position of determining which people. Everybody should be permitted to do this just as anyone is permitted to go into the motion picture business or grocery business. He stated he firmly believed this system of picking up and selling another man's product without his consent was not a legitimate business. He said MR. JOSEPH wanted to file an application. Council will legitimatize this, Mr. Joseph will come in and provide home movies. If the MR. J. G. ROUNTREE, Consulting Engineer in the field of radio and TV, stated he had an antenna which served adequately, channels 4, 5, 6, 12, 7 and 9. Channels 18, 24, and 67 have been allocated to Austin by the F.C.C., Channel 24 having been applied for by KVET and is pending; Channel 67 has a permit granted but is not in operation yet. He stated after May, 1964, all TV receivers manufactured will be required to be capable of receiving all TV frequencies. He suggested that the Council should be aware of technical problems involved in community antenna televisions systems, as they could cause interference to reception by those who are using their own television antennae. He suggested also that the outlying areas such as West Lake Hills and Bergstrom Air Force Base be provided this service. CITY OF AUSTIN, TEXAS A 13 MR. DEASON stated he was not for nor against cable TV; but he believed he would have Channel 24 in operation in a couple of years; and should the Council go into this, he requested that Channel 24 be hooked on also. MR. EARL PODOLNICK stated he had an application for a cable system in 1957 from TRANS-TEX. He asked to withdraw that application, as he saw no need for such at the present time. The reason he withdrew it was because five years ago the stations in San Antonio did not have the power, and the antennae were not as good; but today it is different. He said he could get all the channels and there was no need for this application. He believed this was leading eventually to pay-TV. He stated he withdrew his application because it is not needed and no one had proved that a cable TV was needed. MR. JOHN CHRISTI stated people were tired of being a captive audience, tired of having the commercials interrupted by the programs; and he hoped for a change. MR. JOHN JACKSON, married University of Texas student, stated their main source of entertainment was TV. If the people did not want to watch Channel 7 they should have a choice of another channel; and since another station cannot be authorized in Austin, he asked not to be denied the other sources such as Cable TV. MR. LLOYD CALHOUN, representing C. A. Samnons Company (Mico Corporation, Dallas), stated his company operated a number of systems, and it is a legitimate business, and explained the antenna system. He stated in no case had cable or antenna TV put a broadcasting system or station out of business. He stated he believed there is a need and a desire here, and his company had a service to bring into Austin. MRS. WILLIAMS stated if Cable TV would take away business from the merchants why had it not done so before, as many people are getting San Antonio now on their TV sets. MAYOR PALMER stated the hearing would be brought to a close as no others wanted to be heard, and the Council would take the matter under consideration as there was an overwhelming indication that many of the people do want additional TV viewing. He stated the Council would announce whether it shall or shall not accept proposals; and if it decides to do so, it will announce a time and notify those that have been interested. He asked those applicants if the Council set January 3rd as a time for receiving proposals, if that would be agreeable, and various applicants stated it would. The Mayor thanked the people for attending the hearing, and stated it seemed to be the opinion there was a public demand for this type of service. Later in the afternoon meeting and after discussion, Councilman Shanks moved that the Council invite proposals to be made to the City of Austin for its acceptance or rejection, such proposals to be presented to the City by no later CITY OF AUSTIN, TEXAS 1514 ? than January 3rd, 1963, at 10:00 A.M.; and that all proposals now on file will be considered firm proposals unless amended by the proposer. seconded by Councilman Perry, carried by the following vote: Ayes: Noes: Councilmen Perry, Shanks, White, Mayor Palmer None Present but not voting: Councilman Armstrong The motion, Councilman Armstrong inquired about specifications on what was to be proposed. Councilman White stated he was not going to say how he was going to vote on this, as he wanted it thoroughly understood that he did not want to Jump into this too fast. The Mayor stated the Council would accept proposals and look into them, and decide what items the Council would consider. Councilman Armstrong suggested that the City Manager and City Attorney get the experience of every city known that has had Cable TV, and take the best and write specifications and ask for proposals to be submitted accordingly. Councilman Perry suggested that the City Manager get information from other cities-- say about five or ten contracts from other cities. School. The Council greeted and welcomed two civic classes from Austin High The Mayor stated he was pleased and honored to present to MR. ALBERT DAVIS, who is in charge of the Water and Sewer Department, and who has been with the City 41 years, a certificate naming him as the "City Utility Man of the Month" recognizing his outstanding contribution to the public utility management. This award was made by the Texas Water and Sanitary Sewer Works Association. The Mayor congratulated Mr. Davis on behalf of the Council and thanked him for the fine job he is doing for the City. MR. ISOM HALE was present regarding a refund contract on Wooten Village, Section 2. The City Manager explained the water and sewer line in Wooten Village, Section 2, had to be connected to a sewer line which has not yet been constructed to the north and east of this subdivision. He stated he was now ready to proceed with the contract and the line, and the refund contract could be executed. Mayor Palmer introduced the following ordinance: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CERTAIN CONTRACT WITH NELSON PUETT, JR. FOR CITY OF AUSTIN, TEXAS 1312 1315 THE APPROPRIATION OF MONEY PAID TO THE CITY OF AUSTIN UNDER SUCH CONTRACT; AND DECLARING AN EMERGENCY. The ordinance was read the first time and Councilman Perry moved that the rule be suspended and the ordinance passed to its second reading. motion, seconded by Councilman White, carried by the following vote: The Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None The Ordinance was read the second time and Councilman Perry moved that the rule be suspended and the ordinance passed to its third reading. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None The ordinance was read the third time and Councilman Perry moved that the ordinance be finally passed. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None The Mayor announced that the ordinance had been finally passed. Councilman White moved that the Minutes of the Meeting of December 6, 1962, be approved. The motion, seconded by Councilman Perry, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None The Council postponed the following zoning application until next week: MARY FREEMAN 1000-1008 West Lynn Street By Arthur E. Pihlgren 1600-1608 West 10th Street From "C" Commercial To "C-1" Commercial RECOMMENDED by the Planning Commission Councilman Perry moved that the Council recess until 2:00 P.M. The motion, seconded by Councilman Shanks, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None The Council recessed at 12:02 Noon. CITY OF AUSTIN, TEXAS- 1316 RECESSED MEETING At 2:00 P.M. the Council resumed its business. Mayor Pro-tem Perry introduced the following ordinance: 2:00 Ρ.Μ. AN ORDINANCE ORDERING A CHANGE IN USE AND HEIGHT AND AREA AND CHANGING THE USE AND HEIGHT AND AREA MAPS ACCOMPANYING CHAPTER 39 OF THE AUSTIN CITY CODE OF 1954 AS FOLLOWS: (1) THE SOUTH 80 FEET OF LOT 1, BLOCK 4, D. W. BOULDIN ADDITION, FROM "C" COMMERCIAL DISTRICT TO "C-1" COMMERCIAL DISTRICT; (2) A TRIANGULAR SHAPED TRACT OF LAND FRONTING 500 FEET ON THE NORTH RIGHT-OF-WAY LINE OF JAIN LANE, LOCALLY KNOWN AS 1150-1156 JAIN LANE, FROM "A" RESIDENCE DISTRICT AND FIRST HEIGHT AND AREA DISTRICT AND INTERIM "A" RESIDENCE DISTRICT AND INTERIM FIRST HEIGHT AND AREA DISTRICT TO "D" INDUSTRIAL DISTRICT AND SIXTH HEIGHT AND AREA DISTRICT; (3) A TRACT OF LAND FRONTING APPROXIMATELY 520 FEET ON THE NORTH RIGHT-OF-WAY LINE OF AIRPORT BOULEVARD, LOCALLY KNOWN AS 4401-4419 AIRPORT BOULEVARD, 4400- 4402 PARKWOOD ROAD AND 1201-1307 FERNWOOD ROAD, FROM "A" AND "B" RESIDENCE DISTRICT TO "B" RESIDENCE DISTRICT; (4) LOTS 1-3, BLOCK 135, ORIGINAL CITY OF AUSTIN, FROM THIRD HEIGHT AND AREA DISTRICT TO FOURTH HEIGHT AND AREA DISTRICT; AND (5) SIX PARCELS OF LAND LOCALLY KNOWN AS 204, 208, 210, 302, 304 AND 312 WEST 38TH STREET, FROM "A" RESIDENCE DISTRICT AND FIRST HEIGHT AND AREA DISTRICT TO "B" RESIDENCE DISTRICT AND SECOND HEIGHT AND AREA DISTRICT; ALL OF SAID PROPERTY BEING LOCATED IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; AND SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS. The ordinance was read the first time and Councilman White moved that The the rule be suspended and the ordinance passed to its second reading. motion, seconded by Councilman Armstrong, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Noes: None Not in Council Room when roll was called: Mayor Palmer The ordinance was read the second time and Councilman White moved that the rule be suspended and the ordinance passed to its third reading. The motion, seconded by Councilman Armstrong, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White Noes: None Not in Council Room when roll was called: Mayor Palmer The ordinance was read the third time and Councilman White moved that the ordinance be finally passed. The motion, seconded by Councilman Armstrong, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White Noes: None Not in Council Room when roll was called: Mayor Palmer The Mayor Pro-tem announced that the ordinance had been finally passed. CITY OF AUSTIN, TEXAS 1317 Mayor Palmer introduced the following ordinance: AN ORDINANCE ORDERING A CHANGE IN USE AND CHANGING THE USE MAPS ACCOMPANYING CHAPTER 39 OF THE AUSTIN CITY CODE OF 1954 AS FOLLOWS: LOT 18, BLOCK B, RAYMOND SUBDIVISION, FROM "C" COMMERCIAL DISTRICT TO "C-1" COMMERCIAL DISTRICT; SAID PROPERTY BEING LOCATED IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; AND SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS. The ordinance was read the first time and Councilman Shanks moved that The the rule be suspended and the ordinance passed to its second reading. motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Armstrong, Shanks, White, Mayor Palmer Noes: Councilman Perry The ordinance was read the second time and Councilman Shanks moved that the rule be suspended and the ordinance passed to its third reading. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Armstrong, Shanks, White, Mayor Palmer Noes: Councilman Perry The ordinance was read the third time and Councilman Shanks moved that the ordinance be finally passed. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Armstrong, Shanks, White, Mayor Palmer Noes: Councilman Perry The Mayor announced that the ordinance had been finally passed. Mayor Palmer introduced the following ordinance: AN ORDINANCE ORDERING A CHANGE IN USE AND CHANGING THE USE MAPS ACCOMPANYING CHAPTER 39 OF THE AUSTIN CITY CODE OF 1954 AS FOLLOWS: (A) LOTS 7 AND 8 AND THE NORTH 20 FEET OF LOT 9, BLOCK 1, SMYTH'S ADDITION, AND (B) GENERALLY 13 BLOCKS OF LAND LOCATED BETWEEN WEST 29TH STREET AND WEST 34TH STREET AND BETWEEN LAMAR BOULEVARD AND GUADALUPE STREET; FROM "A" RESIDENCE DISTRICT TO "BB" RESIDENCE DISTRICT; ALL OF SAID PROPERTY BEING LOCATED IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; AND SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS. The ordinance was read the first time and Councilman Shanks moved that The the rule be suspended and the ordinance passed to its second reading. motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Perry, Shanks, White, Mayor Palmer Noes: Councilman Armstrong CITY OF AUSTIN, TEXAS. 1000 The ordinance was read the second time and Councilman Shanks moved that the rule be suspended and the ordinance passed to its third reading. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Perry, Shanks, White, Mayor Palmer Noes: Councilman Armstrong The ordinance was read the third time and Councilman Shanks moved that the ordinance be finally passed. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Perry Shanks, White, Mayor Palmer Noes: Councilman Armstrong Councilwan Armstrong voting against the motion stating, "With a heart and appreciation of those people in the only concentration of University professors that do not want it, I vote 'no'." 11 The Mayor announced that the ordinance had been finally passed. Councilman Shanks introduced the following ordinance and moved that it be published in accordance with Article 1, Section 6 of the Charter of the City of Austin: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEXATION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 20.97 ACRES OF LAND, SAME BEING OUT OF AND A PART OF THE THOMAS ELDRIDGE SURVEY, 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. (Pecan Springs School & a church) The motion, seconded by CouncilmanArmstrong, carried by the following vote Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None The ordinance was read the first time and Councilman Shanks moved that the ordinance be passed to its second reading. The motion, seconded by Councilman Armstrong, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None Councilman White offered the following resolution and moved its adoption: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the City Manager be and he is hereby authorized and directed to enter into a contract, on behalf of the City, with George E. Hannon, as Manager CITY OF AUSTIN, TEXAS of all operations of the Municipal Golf Course and the Airport Golf Course, in accordance with the terms and provisions of a certain contract exhibited to the City Council; and BE IT FURTHER RESOLVED: That the City Clerk is hereby directed to file a copy of said contract in the permanent records of her office without recordation in the Minutes of the City Council. S The motion, seconded by Councilman Shanks, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None Mayor Palmer introduced the following ordinance: AN ORDINANCE AMENDING CHAPTER 24 OF THE AUSTIN CITY CODE OF 1954 BY AMENDING SECTION 24.42 THEREOF PERTAINING TO SPECIFICATIONS FOR CAST-IRON PIPE JOINTS BY PERMITTING SUBSTITUTION OF APPROVED EQUAL MATERIALS, AND DECLARING AN EMERGENCY. The ordinance was read the first time and Councilman White moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman Armstrong, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None The ordinance was read the second time and Councilman White moved that the rule be suspended and the ordinance passed to its third reading. The motion, seconded by Councilman Armstrong, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None The ordinance was read the third time and Councilman White moved that the ordinance be finally passed. The motion, seconded by Councilman Armstrong, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None The Mayor announced that the ordinance had been finally passed. The City Manager submitted the following: "Sealed Bids opened 2:00 Ρ.Μ. December 3,1962 Tabulated by: O.B. Brush, Purchasing Agent "CITY OF AUSTIN BIDS FOR CHASSIS WATER DISTRIBUTION * Alternate Chevrolet-Model. L Total Capitol Model Chevrolet C5203 Unit Total $2375.00 $9500.00 $2100.00 $8400.00 Dependable Motors No Bid Bia # Description 0152 1½-2 Ton (Low Cab & Forward type Chassis) 14,000 (min) GVW per City Specs. International Quan. Harvester Unit Capitol Total Unit 4 ea. $2236.09 $8944.36 Trade-Ins 971 1951 Ford 1½ ton 1 ea. $250.00 150.00 1.50.00 Q 52 1941 GMC 2 ton 1 ea. 250.00 500.00 100.00 250.00 100.00 250.00 Net difference $8444.36 $9250.00 $8150.00 These trucks are to be used by Water Distribution Division for mounting Air Compressors. The compressors are presently in use by this Division. By mounting these compressors on trucks it will increase the efficiency of the four crews and make them more self supporting. * After analysis of bids it is determined that Capitol Chevrolet's alternate bid on Model C5203 does not meet specifications with respect to chassis. International Harvester's bid meets the specifications in all respects and is the lowest bid that does. RECOMMENDATION: Recommend International Harvester Company of Austin be awarded order as lowest and best bidder at a total price of $8444.36 for the 4 units. W. T. Williams, Jr. City Manager 15-20 CITY OF AUSTIN, TEXAS. CITY OF AUSTIN, TEXAS:: Councilman Armstrong offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on December 3, 1962, for the purchase of four (4) 1-1/2 21hn (Low Cab and Forward type) Chassis 14,000 (min) gross vehicle weight (GVW) for use by the Water Distribution department of the City of Austin; and, - WHEREAS, the bid of International Harvester Company of Austin, in the sum of $8,444.36 and two (2) trade-ins, was the lowest bid therefor, and the acceptance of such bid has been recommended by the Purchasing Agent of the City of Austin and by the City Manager; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the bid of International Harvester Company of Austin, in the sum of $8,444.36 and two (2) trade-ins, be and the same is hereby accepted, and that W. T. Williams, Jr., City Manager of the City of Austin, be and he is hereby authorized to execute a contract, on behalf of the City, with International Harvester Company of Austin. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None Mayor Palmer brought up the following zoning deferred from last week: GILBRETH & MILBURN By Marvin Turner Engineers 3303-3315 South ist Street From "A" Residence To "C" Commercial NOT Recommended by the Planning Commission RECOMMENDED "IR" Local Retail 1st Height & Area After discussion with Mr. Thomas Watts, Engineer for Marvin Turner Engineers, Councilman White moved that the change to "IR" Local Retail lst Height and Area be granted as recommended. The motion, seconded by Councilman Shanks, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None The Mayor announced that the change had been granted to "IR" Local Retail and the City Attorney was instructed to draw the necessary ordinance to cover. The City Manager explained the Council had changed the zoning of the property at 1150-1156 Jain Lane from "A" Residence and Interim "A" Residence Ist Height and Area to "D" Industrial 6th Height and Area, and it would be necessary rather than leave an inference that the change of zoning also changed the CITY OF AUSTIN, TEXAS Development Plan, to give formal approval by amending the Development Plan to include this area as "D" Industrial rather than residential. Councilman White moved that the Austin Development Plan be amended to show this area on Jain Lane as Industrial (3.08 acres Citadel. Transmission property). The motion, seconded by Councilman Shanks, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None The City Manager discussed with the Council amendments to the Subdivision Ordinance as pertained to Sec. 23.11 Preliminary plan (4); Sec. 23.13 Plats; Sec. 23.32 Block Lengths; and Sec. 23.35 Lot sizes. MR. RICHARD BAKER representing the Home Builders Association, stated the Home Builders had not studied these amendments yet, but he agreed to its passage; and if there are any changes affecting the Home Builders, they would ask for an amendment. MR. ISOM HALE, President of the Surveyors Association for Central Texas, stated this Association was in favor of these amendments. Councilman White previously had asked that this matter be deferred at the request of Mr. Richard Baker. After discussion, Mayor Palmer introduced the following ordinance: AN ORDINANCE AMENDING SECTIONS 23.11, 23.13, 23.32, AND 23.35 OF CHAPTER 23 OF THE AUSTIN CITY CODE OF 1954 CONCERNING PRELIMINARY PLANNING, PLATTING, BLOCK LENGTES, AND LOT SIZES FOR PLATS AND SUBDIVISIONS; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. The ordinance was read the first time and Councilman Shanks moved that The the rule be suspended and the ordinance passed to its second reading. motion, seconded by Councilman Perry, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None The ordinance was read the second time and Councilman Shanks moved that the rule be suspended and the ordinance passed to its third reading. The motion, seconded by Councilman Perry, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None The ordinance was read the third time and Councilman Shanks moved that the ordinance be finally passed. The motion, seconded by Councilman Perry, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None The Mayor announced that the ordinance had been finally passed. CITY OF AUSTIN, TEXAS... Discussion and action on Part II of Proposed Amendments to the Subdivision Ordinance as pertained to "VARIANCES", Section 23.5 were deferred for further study. Councilman White asked that advance notice on items as this be given the Council, as he did not want to vote on anything he did not known about nor that anyone else seemed not to known anything about. The City Manager called attention to the filing of the STREET PAVING SUMMARY and the REPORT ON ELECTRIC UTILITY SYSTEM, capital improvements. The Mayor made inquiry about the traffic signals for the one-way street pattern on Trinity. The City Manager reported some of the standards had been installed. Councilman Shanks inquired about procedure for locating street lights. The Mayor explained the two types--thoroughfare lighting and street lighting. The street lights are installed when people make a request for them. The City Manager stated the installations are limited in instances, as it is necessary to have a separate circuit. The City Manager reported that the Council had a letter regarding the Nuclear Reactor at the University of Texas, and the letter had enclosed copies of action taken by the Commission and notice to the effect that the Commission had issued an order setting April 1, 1963 for the construction of this unit at the University of Texas. The City Manager stated he had a letter from the Greater Austin Presbyterian Church, U.S. Development Board about the land they own on Balcones Drive, north of Northland Drive; and that the Planning Director had contacted these people about a trade of land for their property for right-of-way of the Missouri Pacific Boulevard. The City Attorney had a telephone call from an agent of property south of Northland Drive anxious to know what the City is going to deter- mine. The City Manager drew a sketch showing the City plan for the boulevard, the roadway going north to go approximately to the School and cross over or under the tract and thus reduce the amount of land required on the west side. If the boulevard remains as planned by the engineer, practically all of the Church tract will be required. If the road goes over the track, about two-thirds of the church property will be useable. The Church wants to keep its location. If this plan would work from a design point of view, the Church could retain their land, and by adding a small strip to the south, they could remain in the area. discussed the advantages by providing an exit road on city property to provide circulation in the north-east area. He said sufficient details had not been worked out to the point he could make a definite recommendation. The Mayor asked the City Manager to review this next week, and the Council could give the Church a definite answer. The Mayor asked if the location could be nailed down on Mr. Deason's property also. He The City Manager reviewed the lease with 7-Eleven Stores at 808 Koenig Lane, stating the Manager had proposed renewal of the lease for an additional five years, and an option for another five years. A part of the lease is CITY OF AUSTIN, TEXAS sub-leased to Capitol Laundry. After discussion, Councilman Shanks moved that the City Manager be authorized to negotiate the lease at $275.00 per month for five years, and their right to sublease with approval of the city. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None Councilman Shanks moved that the Council authorize the preparation of an ordinance to be brought in next week transferring the franchise of the HARLEM CAB COMPANY to HARLEM CAB COMPANY OF AUSTIN, INC. The motion, seconded by Councilman White, carried by the following vote: job. Ayes: Councilmen Armstrong, Shanks, White, Mayor Palmer Noes: None Not in Council Room when the roll was called: Councilman Perry Councilman Armstrong commended the Taxicab Inspectors for doing a good The City Manager reported a comunication from the house moving group stating they had been following a route regardless of the direction of one-way traffic, and they were stopped from going the wrong way. The Director of Public Works stated no permits had been issued permitting them to go the opposite direction on one-way streets. The City Manager stated he had not had an opportunity to look into it from their point of philosophy as yet. Councilman Shanks stated MRS. JAMES HART wanted permission in behalf of the March of Dimes to have a motorcade down Congress Avenue after Christmas or the first of the year. The City Manager stated this should be cleared with the Police Department to get the necessary patrol, and the date should be determined. The Mayor suggested it be after January 1st. Mr. Shanks stated he would report to her with the request she call Mr. Jim Wilson, Assistant City Manager. Councilman White offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, Southern Union Gas Company has presented to the City Council tentative maps or plans showing the proposed construction of its gas mains in the streets in the City of Austin hereafter named, and said maps or plans have been considered by the City Council; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT Southern Union Gas Company be and the same is hereby permitted to lay and construct its gas mains in and upon the following streets: (1) A gas main in JUSTIN LANE from Burnet Road to Burnet Lane; the centerline of which gas main shall be 6.5 feet south of and parallel to the north property line of said JUSTIN LANE. CITY OF AUSTIN, TEXAS Said gas main described above shall have a cover of notless than 2½ feet. (2) A gas main in BURNET LANE from Justin Lane northerly 33.50 feet; the centerline of which gas main shall be 6.5 feet east of and parallel to the west property line of said BURNET LANE. Said gas main described above shall have a cover of notless than 22 feet. (3) A gas main in JUSTIN LANE from 261.0 feet west of Hardy Drive westerly to Burnet Lane; the centerline of which gas main shall be 6.5 feet south of and parallel to the north property line of said JUSTIN LANE. Said gas main described above shall have a cover of notless than 2 feet. (4) A gas main in KOENIG LANE from a point 184 feet east of Woodrow Avenue easterly to Grover Avenue; the centerline of which gas main shall be 6.5 feet south of and parallel to the north property line of said KOENIG LANE. Said gas main described above shall have a cover of notless than 2 feet. (5) A gas main in PIEDMONT AVENUE from Hardy Drive easterly 23.5 feet; the centerline of which gas main shall be 6.5 feet south of and parallel to the north property line of said PIEDMONT AVENUE. Said gas main described above shall have a cover of notless than 2½ feet. (6) A gas main in HARDY DRIVE from Piedmont Avenue northerly 72.5 feet; the centerline of which gas main shall be 6.5 feet west of and parallel to the east property line of said HARDY DRIVE. Said gas main described above shall have a cover of notless than 2½ feet. (7) A gas main in HARDY CIRCLE from Hardy Drive westerly and northerly 514.0 feet; the centerline of which gas main shall be 6.50 feet south of and parallel to the north property line and 6.50 feet west of and parallel to the east property line of said HARDY CIRCLE. Said gas main described above shall have a cover of notless than 2½ feet. (8) A gas main in GLOUCESTER LANE from Rogge Lane northerly to Edgedale Drive; the centerline of which gas main shall be 5.5 feet west of and parallel to the east property line of said GLOUCESTER LANE. 1325 -CITY OF AUSTIN, TEXAS 1506 1326 Said gas main described above shall have a cover of notless than 2 feet. (9) A gas main in EDGEDALE DRIVE, from Gloucester Lane easterly to Walnut Hills Drive; the centerline of which gas main shall be 5.5 feet south of and parallel to the north property line of said EDGEDALE DRIVE. Said gas main described above shall have a cover of notless than 22 feet. (10) A gas main in CHICO STREET from Garland Avenue easterly 360.0 feet; the centerline of which gas main shall be 6.5 feet south of and parallel to the north property line of said CHICO STREET. Said gas main described above shall have a cover of notless than 2½ feet. (11) A gas main in ESTES AVENUE from Chico Street southerly 280.5 feet; the centerline of which gas main shall be 6.5 feet west of and parallel to the east property line of said ESTES AVENUE. Said gas main described above shall have a cover of notless than 2½ feet. (12) A gas main in EUCLID AVENUE from a point 398.5 feet north of Cumberland Road northerly 756.0 feet; the centerline of which gas main shall be 5.50 feet west of and parallel to the east property line of said EUCLID AVENUE. Said gas main described above shall have a cover of notless than2 feet. (13) A gas main in FOREST AVENUE from Euclid Avenue northerly 375.5 feet; the centerline of which gas main shall be 5.5 feet west of and parallel to the east property line of said FOREST AVENUE. Said gas main described above shall have a cover of notless than 2 feet. (14) A gas main in CHERICO STREET from a point 476.0 feet north of Gonzales Street northerly 165.0 feet; the centerline of which gas main shall be 6.0 feet west of and parallel to the east property line of said CHERICO STREET. Said gas main described above shall have a cover of notless than 2 feet. THE Southern Union Gas Company is hereby put upon notice that the City of Austin does not guarantee that the space assigned above is clear from other CITY OF AUSTIN, TEXAS 1327 underground utilities, but is based upon the best records we have at hand, and that the minimum depth stated does not have any reference to the fact that greater depths may not be required at special points. When the Southern Union Gas Company requires definite information upon the ground as to elevations or working points from which to base the location of their assignments, they shall apply to the Department of Public Works not less than three (3) days before such information is required. The Southern Union Gas Company is further put upon notice that they will be required to bear the expense of repairs or replacement of any underground utility damaged during the construction of lines named in this resolution. AND THAT whenever pavement is cut in the vicinity of a fire plug, water must be used at intervals during the course of backfilling of the ditches. THAT the work and laying of said gas mains, including the excavation in the streets, and the restoration and maintenance of said streets after said mains have been laid, shall be under the supervision and direction of the City Manager and under all the pertinent terms and conditions of the certain franchises granted to said company by the City of Austin. vote: The motion, seconded by Councilman Armstrong, carried by the following Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None There being no further business, the Council adjourned at 4:30 P.M., subject to the call of the Mayor. ATTEST: ८ City Clerk APPROVED くいも E. Paln Aln.n Mayor 1329 CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Special Meeting December 13, 1962 7:00 Ρ. Μ. Council Chamber, City Hall The meeting was called to order with Mayor Palmer presiding. Roll call: Present: Councilmen Armstrong, White, Mayor Palmer Absent: Councilmen Perry, Shanks The Mayor announced this was a meeting of the Council with the Boards and Administrators of the hospitals in the City, to discuss the need for a study to determine future health and hospital needs of our community. It is known that population will continue to increase; that city limits will expand; that there are some days when every available hospital bed is filled; that several hospitals have plans for adding more beds; that there is talk of new hospitals in Austin; that all of our individual and separate plans are without the benefit of a coordinated community effort or plan, based on a professional study. All are work- ing for the same objective, but without knowing what the other is doing. It is not known what the collective plans are; who will do what, and when; what the future community needs will be in three, five or seven or nine or twelve years; what the ultimate effect of the Kerr-Mills Bill will be. He stated all of these points clearly indicate the need for a coordinated community cooperation and planning to meet future health and hospital requirements in an efficient, economical manner; and they point further to the fact that the time to start is now, if these kinds of facilities are to be available at the right time, without unnecessary duplication of costly structures, equipment and personnel. He stated that JOHN G. STEINLE & ASSOCIATES made a study of organization, management, procedures and accounting within Brackenridge Hospital. Mr. Steinle urged that this community obtain competent consultant services to develop a long-range master plan for community needs and determine the role of Brackenridge and other hospitals in the meeting of these needs. A steering committee was appointed in September 1960 to lay ground work on which a consultant could begin working. In May, 1962, the Steering Committee reported to the City Council. August, 1962, the Community Council Board agreed to undertake such a study provided that a competent consultant be found to undertake the study; that adequate financing be assured to fulfill the purpose; and that full cooperation be obtained from all local hospitals and the Medical Society. CITY OF AUSTIN. TEXAS 1331 1331 "4. What effect will hospital admissions from outside the City and County have on bed utilization in the future? "5. What effect will the lack of heavy industry have on hospital bed utilization in the future? What effect will hospitalization insurance have on hospital utilization in the future? What effect has government sponsored programs for the aged had on hospital utilization. "6. How can the Out-Patient Departments and the City and County Health and Welfare Agencies (tax supported) best meet community needs? "7. How can voluntary health agencies in the community be better coordinated and what relationship should these agencies have with the hospitals in Austin? "8. What role and responsibility should the four Austin Hospitals have in Medical Education, Nurses Training and Research? "9. Would rehabilitation and/or nursing facilities for the aged, chronic diseased, etc., provided close to a short term general hospital actually reduce the length of stay in short term hospitals? "10. How can duplication of responsibility and functions in the care of indigent patients by voluntary and the municipal hospital be clarified? "11. Is there unnecessary duplication in caring for indigent patients in Brackenridge and other health clinics in Austin? "12. Are the citizens of Austin able to pay for comprehensive medical and health needs? Is the community adequately covered by hospital and health insurance? What effect will this have on hospital utilization? "13. What will be the future role of Brackenridge in meeting the health needs of Austin? What services will it be expected to provide? How should it be organized to best meet these needs? What services will other hospitals be expected to provide? MR. TOM BROWN, Chairman Community Council, urged all present to give serious thought to these questions and send in any comments to Dr. Vic Ehlers. He complimented the Council for realizing the problems, and asking the Community Council to conduct a study of the health and hospital needs. It was suggested that a suitable consultant be employed and that the Community Council appoint a Committee. Mr. Brown stated without the interest of the various hospitals, this project could not proceed. The Community Council agreed to undertake a study if if could be assured (1) that a consultant could be found to make the study; (2) that adequate finances could be assured, and (3) that full cooperation could be obtained from all the hospitals. He said 53 letters had been sent out to qualified consultants, and four consultants had been interviewed. The study will take four to six months at a cost of $25,000 to $30,000. Full cooperation from all of the hospitals must be obtained. = CITY OF AUSTIN, TEXAS 1333 very serious problem, citing for example, that for a number of years, the State Hospital has been used partly as a home for the aged, and it has placed about 500 patients in rest homes. As these patients become acutely ill, they are taken into the State Hospital where they are cared for. There is a possibility these patients will be discharged; and when they are, the State will have no responsibility. The hospital care of former patients would then become the problem of the City. He stated while the community is getting behind in hospital beds, there is a need for planning for expansion; and it will take two or three years before expansion could be realized. He said there was a great need for cooperation and there should be a determination to know the needs rather than stumbling around building a little here and a little there. This could be a survey from which much benefit could be obtained. MR.PRENTICE stated the survey would be ultimately of greater benefit to the City than any other hospital, and it seems there is a lack of funds for such a survey. The hospitals that exist upon their income or donations do not have any funds to donate to something else. He said the survey should be for the City and the other hospitals, and should be made before this proposed new hospital is fully planned. MR. WOODUL, who is on the State Hospital Board, explained the policy of the State Hospital as pertained to patients mentioned by Dr. McCauley. He said if too many hospital beds are built, there would be many empty ones; and it takes an expert to project for 10 years. The old age and rest home business is something on the side. It was his opinion that a survey must be made. FATHER GOERTZ, Holy Cross Hospital, inquired about the manner in which a consultant would be selected. MR. TOM BROWN outlined the way this had been handled. DR. VIC EHLERS stated names of consultants were obtained from the Texas Hospital Association, the American Hospital Association and Texas Medical Center in Houston. MR. ED CRAVENS, St. Davids Hospital, stated that a survey definitely was needed, and the only way to get this money is from the City, and he said it would be money well spent. A SISTER at Seton Hospital stated they were considering closing the pediatric and obstetrical departments. Instead, they could use more medical and surgical beds at Seton. Another SISTER at Setons expressed concern over the nursing school because of the low enrollment. A SISTER at Holy Cross said this Hospital had a drop in pediatrics also. She said it is an age of specializing, and the community planning should be pointed toward specializing. The CITY MANAGER stated this survey would give information as to the future needs. If information is obtained as to what the needs will be, that would be fine, and some of them could be developed. When a study has been made it would have to be continuously reviewed. The groups of Hospital Boards in Austin would periodically review the plan to see if the things were taking place as anticipated or if they were moving more rapidly or more slowly than anticipated. He said it would be necessary to have not only cooperation from all of the hospitals in the study, but in reviewing it from time to time in the future. MR. BOB LLOYD stated if a thousand beds were needed, and enough money to build 1000 were available, there would be no point of housing 1000 patients and having nursing care for only 500 of them. MR. MALONEY stated Seton was checking into the nursing school situation and it will do everything possible in recruitment. MR. PAGE KEETON, Brackenridge Hospital, stated the survey is absolutely essential; and regardless of who does the survey or how efficiently it can be =CITY OF AUSTIN, TEXAS=- 1335 MR. ESKEW, City Attorney, stated it could be that the survey would be of benefit to the hospitals as well as to the community as a whole, and it might not be a question of one organization's doing it all; and there may be some apportionment due based on private benefits that would accrue to the various organizations as well as the benefit to the community. He stated Brackenridge, Holy Cross, Seton and St. Davids were in a sense private entities and in order for the survey to be as beneficial as it could be, they would have to inventory the internal needs of the individual organization. The result of the survey would be of particular benefit to the organizations, as well as the community as a whole. MAYOR PALMER said he thought everyone had indicated the necessity of a survey which would show what is needed and what gaps should be filled as well as information that will be a guide. MR. TOM BROWN, Community Council, stated he thought they could get the study under way in 30 to 60 days after the Action Committee had been formed and the Counsultant had been selected by the Council. The Mayor thanked the members of the Community Council for taking this very improtant job. He stated they had spent many, many hours and a lot of meetings on this, and the Council appreciated it. MR. NASH stated if the City does advance the money, he thought it should be made as a contribution to the Community Council rather than for the hiring of experts to do this work, and it should be a Community Council affair rather than a City affair. The Mayor said he thought the City could hire for services but could not make an out and out contribution. He said he thought everyone should recognize that this is a community effort, and he did not want anyone to think that this was strictly a City function or that it originated primarily as a City meeting. He did want to know where the City fits into the overall hospital and public health needs in the community, and he always wanted it to be known as a community venture rather than something that was even sponsored by the City or brought up by the City. That was why he would like to have letters from the Chairmen of the different Boards, so that it would be recognized as a community problem and not strictly a City problem. MR. ESKEW explained the City could not make a contribution to the Community Council or to anybody else. It could employ the Community Council and if the Community Council were willing to contract for the performing of the service, they could employ their own consultants and their own specialist. The Mayor expressed appreciation to the group for coming down, and he stated he thought it was something that should be moved out on. MR. BLACK, speaking for the group, said they were indebted to the Council for the very fine leadership which the City is offering in this matter and for its fine cooperation on this vital city-wide, community-wide problem. There being no further busineås the Council adjourned at 9:30 P.Μ. subject to the call of the Mayor. ATTEST: City Clerk APPROVED Mayor CITY OF AUSTIN, TEXAS Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None The Mayor announced that the ordinance had been finally passed. Mayor Palmer brought up the following ordinance for its third reading: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEXAАTION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 5.06 ACRES OF LAND, SAME BEING OUT OF AND A PART OF THE ISAAC DECKER LEAGUE, IN TRAVIS COUNTY, TEXAS; WHICH SAID ADDITIONAL TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF AUSTIN, IN PARTICULARS STATED IN THE ORDINANCE. The ordinance was read the third time and Councilman Shanks moved that the ordinance be finally passed. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None The Mayor announced that the ordinance had been finally passed. Mayor Palmer brought up the following ordinance for its second reading: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEXATION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 20.97 ACRES OF LAND, SAME BEING OUT OF AND A PART OF THE THOMAS ELDRIDGE SURVEY, 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. (Pecan Springs School and a church) The ordinance was read the second time and Councilman White moved that the ordinance be passed to its third reading. The motion, seconded by Councilman Armstrong, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None Councilman Shanks offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, after an engineering and traffic investigation, the City Council has found that the circumstances are such that the maximum reasonable and safe speed for the operation of vehicles at the following location is less than thirty _ CITY OF AUSTIN, TEXAS Said gas main described above shall have a cover of not less than 2½ feet. THE Southern Union Ges Company is hereby put upon notice that the City of Austin does not guarantee that the space assigned above is clear from other underground utilities, but is based upon the best records we have at hand, and that the minimum depth stated does not have any reference to the fact that greater depths may not be required at special points. When the Southern Union Gas Company requires definite information upon the ground as to elevations or working points from which to base the location of their assignments, they shall apply to the Department of Public Works not less than three (3) days before such information is required. The Southern Union Gas Company is further put upon notice that they will be required to bear the expense of repairs or replacement of any underground utility damaged during the construction of lines named in this resolution. AND THAT whenever pavement is cut in the vicinity of a fire plug, water must be used at intervals during the course of backfilling of the ditches. THAT the work and laying of said gas mains, including the excavation in the streets, and the restoration and maintenance of said streets after said mains have been laid, shall be under the supervision and direction of the City Manager and under all the pertinent terms and conditions of the certain franchises granted to said company by the City of Austin. The motion, seconded by Councilman Perry, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None Councilman White offered the following resolution and moved its adoption: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the City Council of the City of Austin hereby approves the erection of a boat dock on the property owned by Clyde Smith as described in the Travis County Deed Records and known as Lakeshore Addition on the shore of Lake Austin, and hereby authorizes the said Clyde Smith to construct, maintain and operate this boat dock subject to same being constructed in compliance with all the ordinances relating thereto and further subject to the foregoing attached recommendations; and the Building Inspector is hereby authorized to issue an occupancy permit for the erection of this bost dock after full compliance with all the provisions of this resolution. Said permission shall be held to be granted and accepted subject to all necessary, reasonable and proper, present and future regulations and ordinances of the City of Austin, Texas, in the enforcement of the proper police, fire and health regulations and the right of revocation is retained if, after hearing, it is found by the City Council that the said Clyde Smith has failed and refused, and will continue to fail and refuse to perform any such conditions, regulations and ordinances. (Recommendations attached) "Austin, Texas December 19, 1962 - CITY OF AUSTIN, TEXAS 1344 "Mr. W. T. Williams, Jr. City Manager Austin, Texas "Dear Sir: "I, the undersigned, have reviewed the plans and have considered the application of Clyde Smith, owner of property abutting on that part of Lake Austin lying upstream from the westerly extension of the south line of Windsor Road, the same being ten (10) feet south of the north property line of lot 95, Lakeshore Addition, as recorded in the Travis County Deed Records; for permission to construct and maintain a boat dock projecting out into the lake approximately twenty-five feet (25') beyond the normal high water level. The construction details meeting all requirements, I recommend that if Clyde Smith is granted his request by the City Council, that it be subject to the following conditions. "(1) That nothing but creosoted piles, cedar piles or concrete piles, substantially braced and bolted to withstand wind and water pressure, be used in the con- struction and that no structure shall extend more than one-third the distance from shore to shore at the point where structure is located, or be nearer than ten feet to any side property line of the owner or applicant. "(2) That no business, such as a restaurant, dance hall, concession stand, or any other enterprise for the sale of goods, wares and merchandise, except marine supplies and tackle, and no living quarters of any character, shall be erected on any pier, dock, wharf, float, island, piling or other structure extending into or above Lake Austin. "(3) That every structure shall be equipped with proper lights which show all around the horizon for night use and shall be equipped with flags or other warnings for daylight use. "(4) That all structures extending out into the Lake be constantly kept in a state of good repair and that the premises be kept reasonably clean at all times. "Respectfully submitted, s/ Dick T. Jordan Building Official" The motion, seconded by Councilman Perry, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None Mayor Palmer introduced the following ordinance: AN ORDINANCE PERPETUALLY VACATING AND CLOSING TO PUBLIC TRAVEL 129 SQUARE FEET OF LAND, SAME BEING OUT OF AND A PART OF THAT CERTAIN STREET KNOWN AS ROBERT E. LEE ROAD, IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; AND SUSPENDING THE RULE REQUIRING THE READING OF AN ORDINANCE ON THREE SEPARATE DAYS. = CITY OF AUSTIN, TEXAS The ordinance was read the first time and Councilman Perry moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None The ordinance was read the second time and Councilman Perry moved that the rule be suspended and the ordinance passed to its third reading. The motion. seconded by Councilman White, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None The ordinance was read the third time and Councilman Perry moved that the ordinance be finally passed. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None The Mayor announced that the ordinance had been finally passed. The City Manager submitted the following: "W. T. Williams, Jr. City Manager Austin, Texas "Dear Mr. Williams: "December 14, 1962 "Sealed bids were received until 11:00 A.M. Friday, December 14, 1962, at the Office of the Director of the Water and Sewer Department for the Installation of 24" and 30" WATER MAIN, U.S. HIGHWAY 183, FROM FAIRFIELD DRIVE TO BURNET ROAD. The bids were publicly opened and read in the Second Floor Conference Room of the Municipal Building. "The following is a tabulation of bids received: "Firm Austin Engineering Company Ford-Wagner, Incorporated Walter Schmidt Bland Construction Company J. R. Barnes Construction Company Glade Construction Company City of Austin (estimate) Working Days 60 60 IT 65 Amount $ 94,842.70 96,087.70 98,718.05 101,158.45 104,262.08 100 125,489.00 75 100,266.00 90 100 CITY OF AUSTIN, TEXAS Γ Councilman White offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on December 18, 1962 for the construction of approximately thirty-eight (38) blocks of pavement and accessories known as Assessment Paving Contract Number 62-A-21, consisting of 19 units; and, WHEREAS, the bid of J. W. Steelman, Inc., in the sum of $89,744.44, was the lowest and best bid therefor, and the acceptance of such bid has been recommended by the Director of Public Works, and by the City Manager; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the bid of J. W. Steelman, Inc., in the sum of $89,744.44, be, and the same is hereby accepted, and W. T. Williams, Jr., City Manager of the City of Austin, be and he is hereby authorized to execute a contract on behalf of the City with said J. W. Steelman, Inc. The motion, seconded by Councilman Perry, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None The City Manager submitted the following: "December 18, 1962 "то: Mr. W. T. Williams, Jr. FROM: City Manager Brackenridge Hospital SUBJECT: Bid. #B-6229 "Bid #B-6229 is for furnishing milk and cream to Brackenridge Hospital and Austin-Travis County T. B. Hospital for a period of six months or twelve months, beginning January 1, 1963. "The prices bid on the last award are shown on the tabulation. "The firms sent bids were: Carnation Company Oak Farms Dairies Pure Milk Company Superior Dairies 5700 Airport Blvd. 901 Red River 1135 Gunter Street 600 East 1st Street "These are all the known wholesale dairies. Pure Milk Company did not return a bid. "A. V. Crandall, Administrator Brackenridge Hospital" CITY OF AUSTIN, TEXAS "HUNTER-HAYES ELEVATOR CO. B. F. JOHNSON ELEVATOR CO. "For Elevator Completely Installed as Specified $14,896.00 $12,000.00 Calendar Days for Shipment of All Equipment 126 80 Calendar Days for Installation After Receipt of All Equipment 50 70 "Bids Received 2:00 p.m., December 18, 1962." Councilman Perry offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on December 18, 1962 for furnishing and installing one electric passenger elevator for Municipal Building (to replace elevator in center of building); and, WHEREAS, the bid of B. F. Johnson Elevator Co. in the sum of $12,000.00 was the lowest and best bid therefor, and the acceptance of such bid has been recommended by the Purchasing Agent of the City of Austin and by the City Manager; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the bid of B. F. Johnson Elevator Co. in the sum of $12,000.00 be, and the same is hereby accepted, and W. T. Williams, Jr., City Manager of the City of Austin, be and he is hereby authorized to execute a contract on behalf of the City with B. F. Johnson Elevator Co. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Perry, Shanks, White, Mayor Palmer Noes: Councilman Armstrong Councilman Armstrong voting against the motion stating in considering that much money for that many square feet, he did not think the City was getting its money's worth for that little tiny elevator. The Mayor brought up the following zoning application deferred from last week: MRS. MARY FREEMAN By Arthur E. Pihlgren 1000-1008 West Lynn Street 1600-1608 West 10th Street From "C" Commercial To "C-1" Commercial RECOMMENDED by the Planning Commission Councilman Armstrong inquired about the widening of West 10th Street. Mr. Pihlgren stated if they ever had to give five feet, they would. Councilman White moved subject to Mr. Pihlgren's supplying that letter, that the change CITY OF AUSTIN, TEXAS shall landscape and beautify lake frontage and eliminate permanent parking on lake front side. Any improvements, present or future, on the above lake shore property shall be submitted to the Committee for approval." The City Manager called attention to the fact & 48" sewer line would have to cross this tract. Councilman White moved that the Building Inspector be authorized to issue a permit for this construction contingent upon the necessary right-of-way, necessary sever easements and overflow easements being provided. The motion, seconded by Councilman Perry, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None The Mayor brought up the following zoning application for public hearing: LELA PARKINSON By Robert Sneed 1109-1305 So. Inter- regional Highway From "A" Residence To "LR" Local Retail NOT Recommended by the Planning Commission MR. SNEED represented the applicant, pointing out the tract had been divided by the Interregional Highway and describing the property under consideration. He stated it would have to be cut to grade before it could be used for anything. He stated the Planning Commission had recommended against the zoning change because the land did not lend itself to this type of use because of the shallow depth. The Commission considered the desire of the staff to preserve the most beautiful view of the city along the entrance of the South Interregional Highway. Mrs. Parkinson has a contract for the purchase of this tract which she proposes to sell, if zoned, to the GULF OIL COMPANY which will spend approximately $29,000 to put the site in shape to erect a filling station. Mr. Sneed said if this zoning were denied, he knew no way of subdividing it for residential uses, and there must be some special use which it would get its benefit from advertising on the Expressway--if this type of use is not obtainable, then the land will forever remain vacant. He said there were no filling stations on the east side from Ben White Boulevard to the Delwood Area. This particular location is well suited for a filling station. He discussed and listed similar strips of zoning which had been granted. He asked that in order to avoid the economic death of this property that has been vacant for so many years that the Council disregard the recommendation of the Planning Commission and grant the zoning. MR. M. D. GIBBONS had called in asking that the change of zoning be granted. The Director of Planning stated any development would require a severe gash in the hillside, and almost anything that happens regardless of zoning would be a problem. In acquiring the right-of-way, the City left this 100' strip rather than acquiring the entire tract. He stated in his opinion a filling station offered the most serious problem. He suggested this being the most beautiful entrance to any city in the Country that perhaps the City should acquire the land and preserve this entrance to the city for public use. Councilman White stated if that practice were started, the City would have to be buying land all over the city. Mr. Sneed listed other commercial zoning in the immediate area; he said this particular tract would have to be used by someone who was financially capable of developing it, due to the cost of site preparation estimated at $150 a front foot; and that Mr. Osborne was presenting the argument based on asthetic zoning, which type of zoning is not included in the present ordinance. The Mayor stated the Council would make a personal inspection of the area. Later CITY OF AUSTIN, TEXAS 1000 in the afternoon meeting the City Manager gave a review of the acquisition of the property needed for the Interregional Highway, and the reason this strip was left over, and the amount of severance damages paid. Finally, after more discussion, Councilman Shanks moved to zone the property as requested, "IR" Local Retail. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Armstrong, Shanks, White, Mayor Palmer Noes: Councilman Perry The Mayor announced that the change had been granted to "IR" Local Retail and the City Attorney was instructed to draw the necessary ordinance to cover. The City Manager stated sometime ago a group from East Austin requested certain improvements to Rosewood Park and the Recreation Center--one request agreed upon was year round air conditioning; another request was for new toilet facilities for the Doris Miller Auditorium; and another concerned the ditch on the west side of the Park. He listed the estimated costs, and stated the specifications for airconditioning and heating were on the table in the Little Coun- cil Room, and he was ready to proceed with the advertising for bids. Councilman Shanks moved that the City Manager be instructed to advertise for bids for this work. The motion, seconded by Councilman Armstrong, carried by the following vote: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Ayes: Noes: None The Mayor asked in connection with the improvement of the ditch in the Rosewood area, if it could be included under the Urban Renewal provisions. The City Manager stated this could be explored; but it might delay the work for two or three years. The Mayor asked the Assistant City Manager to notify MR. ARTHUR DeWITTY that these improvements were being done. The City Manager reviewed the discussion of renewing the lease with 7-Eleven Stores on Lamar and Koenig Lane, and the suggestion of $275.00 rental. He read a letter from the 7-Eleven Stores, asking that this rental be adjusted to a figure of lesser amount, and requesting more than a five year lease so they could modernize their store. Finally, after discussion, the Mayor polled the Council members and they agreed the set rental was fair and reasonable, and the Mayor asked the City Manager to report to 7-Eleven Stores that the Council had considered their request, and it felt that $275.00 was fair and reasonable. MR. E. C. GUSTAFSON, Mobilized House Movers, Inc., appeared before the Council asking that housemovers be permitted to move the wrong way on one-way streets and pointed out their problems. The City Attorney gave his opinion stating one of the provisions of the code was that the person who is granted a permit shall comply with all lawful regulations and ordinances of the city and with all the terms and conditions of the permit, and one of the lawful ordinances is that they do not go the wrong way on a one-way street. He stated = CITY OF AUSTIN, TEXAS with special reference to the Interregional Highway, the street that is the most troublesome to the house movers, the City, in addition to its ordinances, has a contract with the State Highway Department that it will not permit the law to be viclated. Any change of regulations in the traffic on the highway would have to be first cleared with the Highway Department in each case. Mr. Gustafson stated if the one-way streets became more numerous the housemovers will be out of business. The Mayor stated the Council could not give permission to violate the law through a special permit. The City Attorney stated streets could be closed to traffic during construction, but this would not apply to the Interregional Highway. The Mayor stated the City would be laying itself liable if it were to say to go ahead and do something that would not be legal. The City Manager stated the City would like to purchase about 20,000 tons of crushed stone from the Texas Crushed Stone on Balcones Trail, which will be closing down operations. The Director of Public Works stated the present price is 70 per ton, and the price obtainable now is $.62. Also needed will be 4,000 tons of precoat at $2.70 per ton. He recommended these purchases as part of it would be a stock pile and Mr. David Barrow, the purchaser of the property, had given permission to the City that it would not have to move its supply until May of 1964. Councilman Shanks moved that the purchase be authorized. (20,000 tons of road stone @ $0.62 net - $12,400.00; 4,000 tons of precoat @ $2.70 - $10,800.00; Total-$23,200.00) The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None The Council recessed until 2:00 Ρ.Μ. RECESSED MEETING At 2:00 P.M. the Council resumed its business. 2:00 Ρ.Μ. MAYOR PALMER announced the names of the members of the Building Standards Commission: MR. E. W. JACKSON, Chairman MR. THEO YOUNGBLOOD MR. JOE PERONNE MR. HUMBERTO CANTU MRS. JAMES LANCASTER MR. R. B. LEWIS Exofficio members; The Building Inspector The Fire Marshal The Public Health Officer. Councilman Shanks moved that the Board be appointed as listed. The motion, seconded by Councilman Armstrong, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None CITY OF AUSTIN, TEXAS F The Council noted with regret the resignation of MR. TOM PERKINS from the Town Lake Committee, and expressed appreciation for the wonderful contribution he had made while serving on the Committee. Councilman Armstrong moved that MR. VIC MATHIAS, Chamber of Commerce, be appointed to serve on the Town Lake Study Committee. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None The City Manager reported on a meeting with MR. NELSON PUETT, that an oral agreement had been reached, and on Monday, December 17th, he signed a contract by which the City would acquire the eleven acres. (Land for the extension of Hart Lane easterly, with additional land for grade separation) The City Manager reported the City Attorney had a contract prepared for the acquisition of the Bullard property. (Property between Balcones Drive and the Missouri Pacific Railroad north of Northland Drive.) Councilman Shanks offered the following resolution and moved its adoption: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the City Manager, W. T. Williams, Jr., be and he is hereby authorized and directed to accept, on behalf of the City of Austin, a warranty deed from Community Development Corp. conveying to the City of Austin that certain 19.779 acres of land out of the James P. Davis Survey No. 14 in Travis County, Texas and being part of that certain tract of land containing 25 acres, more or less, fully described by metes and bounds in warranty deed recorded in Book 1436, Pages 153, et seq., Deed Records of Travis County, Texas; and, BE IT FURTHER RESOLVED: That the City Manager, W. T. Williams, Jr., be and he is hereby authorized and directed to execute, acknowledge, and deliver to Community Development Corp. that certain Deed of Trust and that certain Vendor's Lien Note exhibited to the City Council by the City Manager this day to secure said Community Development Corp. in the payment in full of the consideration for the conveyance to the City of Austin of fee simple title to said 19.779 acres of land according to the tenor and effect of said Vendor's Lien Note and Deed of Trust. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None The City Manager stated the City Attorney had an arrangement with MR. H. W. BULL, et al, for the purchase of property. (270 acres on Walnut Creek) Councilman Shanks offered the following resolution and moved its adoption: CITY OF AUSTIN, TEXAS ५ (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the City Manager, W. T. Williams, Jr., be and he is hereby authorized and directed to execute and deliver to E. W. Bull, et al a contract by which the City of Austin agrees to buy and H. W. Bull, et al agree to sell approximately 270 acres of land out of the James Burleson League in Travis County, Texas and upon approval of title and delivery of their warranty deed to the City of Austin to pay the said H. W. Bull, et al the consideration prescribed in said Contract of Sale exhibited to the City Council by the City Manager. The motion, seconded by Councilman Perry, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None The City Manager stated he had an inquiry from the Development Board of the Presbyterian Church concerning their property on Balcones Drive, on which property a part of the Missouri Pacific Boulevard was proposed to be constructed. He showed a preliminary design by Mr. W. C.Cotton. He said the Church preferred to keep its location, and did not want to sell it out-right or exchange it for other property in the area. The City Manager stated quite a study had been made to try to rearrange the road to leave the Church tract clear, and to make an exchange of property with the Church. He described the plan in detail, and said two-thirds of the Church property could be retained under this design; but he pointed out some of the problems in the rearrangement of the present plan as to financing. Councilman Shanks moved that the City Manager be instructed to notify the Presbyterian Church that the proposed plans, as they look now, will call for the usage of practically all of the Church property, and that the Council considers it advisable to start negotiations for the purchase of this pro- perty. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None Councilman Shanks moved that the City Manager be authorized to start negotiations for the Jim Motheral property. (Missouri-Pacific Boulevard rightof-way) The motion, seconded by Councilman Perry, carried by the following vote Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None The City Manager reported that Westover Underpass was under construction, and final plans on the Windsor Road underpass were being revised and would be ready to submit to the railroad for approval shortly. He said he anticipated within two months the plans should be ready to be advertised for bids; and the day Westover is opened, this contract could be started on Windsor. He stated the preliminary plans for West 35th Street were approved, and the Engineer, Mr. Cotton, had been authorized to do the final design. CITY OF AUSTIN, TEXAS Councilman Armstrong suggested with a Two Million dollar estimate for right of way for the Missouri Pacific Boulevard, that consideration be made of selling some of the city property and use those proceeds for this right of way. The City Manager stated several surveys had been made on property that might be sold; but each time, it was found some little piece of property that might be considered for sale, would have a future use. The Mayor stated caution should always be taken in selling city-owned property; however, it might be well to survey the matter again for a new look into it. At the request of the J. R. REED MUSIC COMPANY, Councilman Shanks moved that the City Manager be authorized to work out the necessary details with J. R. REED MUSIC COMPANY for planter boxes conforming to the same provisions required in the cases of Scarbroughs and others. The motion, seconded by Councilman Perry, carried by the following vote: Ayes: Councilmen Perry, Shanks, White, Mayor Palmer Noes: None Not in Council Room when the roll was called: Councilman Armstrong Councilman Shanks stated he would like to publicly invite all of the merchants to beautify their properties down town with this same type of treatment along Congress Avenue, so that it would have a "Park Avenue" effect. MAYOR PALMER made a report on the meeting with the Boards and Administrators of all of the Hospitals in the City, held last Thursday beginning at 7:00 P.M., stating representatives of each Hospital were of the opinion that it was necessary and would be most helpful to them as well as the City to have an expert make this survey of the hospital needs of the City. The representatives were unanimous in saying the City should pay for this survey. The Mayor stated if the Hospitals did not come in on the financing, they should give whomever makes the survey full cooperation. There being no further business, Councilman Perry moved that the Council adjourn. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Armstrong, Perry, Shanks, White, Mayor Palmer Noes: None The Council adjourned at 3:45 P.M., subject to the call of the Mayor. ATTEST: City Clerk APPROVED Lum & alr Mayor