CITY OF AUSTIN, TEXAS= MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting January 30, 1969 9:00 Α.Μ. COUNCIL CHAMBERS, CITY HALL The meeting was called to order with Mayor Akin presiding. Roll Call: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Present: Absent: None The Invocation was given by REVEREND DICK DAUGHTRY, University Avenue Church of Christ. REPORT RECEIVED FROM CITY AUDITOR Councilman LaRue moved the Council note the receipt of a report from the City Auditor regarding an analysis as to the rate of return of Austin Transit Corporation rate adjustment. The motion, seconded by Councilman Janes, carried by the following vote: Ayes: Councilmen Janes, LaRue, Nichols, Mayor Akin Noes: None Out of Room at Roll Call: Councilwoman Long After discussion among the Council, City Auditor Harrison and Mr. Frank Denuis, representing Austin Transit Corporation, Councilman Nichols moved the Council continue the hearing at 10:30 Α.Μ., February 13, 1969. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None ZONING HEARING Mayor Akin announced that it was 10:30 A.M. and the Council would hear the zoning cases scheduled for public hearing at this time. Pursuant to published notice thereof, the following zoning applications were publicly heard: January 30, 1969 CITY OF AUSTIN, TEXAS- HUNTER SCHIEFFER, TRUSTEE 6713-6729 Manor Rd. by John B. Selman C14-69-265 From Interim "A" Residence, 1st Height and Area to "LR" Local Retail, 1st Height and Area RECOMMENDED by the Planning Commission Councilman LaRue moved the Council grant the change from Interim "A" Residence, 1st Height and Area to "LR" Local Retail, 1st Height and Area, as recommended by the Planning Commission. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None The Mayor announced that the change had been granted to "LR" Local Retail, 1st Height and Area and instructed the City Attorney to draw the necessary ordinance to cover. CECIL R. DELANCY by John B. Selman C14-69-270 1711 Patton Ln. From "A" Residence to "BB" Residence RECOMMENDED by the Planning Commission Councilman LaRue moved the Council grant the change from "A" Residence to "BB" Residence, as recommended by the Planning Commission. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None The Mayor announced that the change had been granted to "BB" Residence and instructed the City Attorney to draw the necessary ordinance to cover. ALLEN DOUGLAS by John B. Selman C14-69-271 1713-1715 Patton Ln. 6512 Hickman Ave. From "A" Residence to "BB" Residence RECOMMENDED by the Planning Commission Councilman LaRue moved the Council grant the change from "A" Residence to "BB" Residence, as recommended by the Planning Commission, right of way to be dedicated. The motion, seconded by Councilman Nichols, carried by the following vote: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Ayes: Noes: None The Mayor announced that the change had been granted to "BB" Residence, right of way to be dedicated, and instructed the City Attorney to draw the necessary ordinance to cover. CITY OF AUSTIN, TEXAS January 30, 1969 J. B. HAMILTON by John B. Selman C14-69-272 6508-6510 Hickman Ave. From "A" Residence to "BB" Residence RECOMMENDED by the Planning Commission Councilman Nichols moved the Council grant the change from "A" Residence to "BB" Residence, as recommended by the Planning Commission, based on restrictive covenant restricting property to 8 units (two fourplexes) and dedication of rightof-way. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Noes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin None The Mayor announced that the change had been granted to "BB" Residence, based on restrictive covenant restricting property to 8 units (two fourplexes) and dedication of right-of-way, and instructed the City Attorney to draw the necessary ordinance to cover. ROBERT C. FULLERTON by Cecil D. Perkins C14-69-280 Tract 1 From "A" Residence, 1st Height 813-823 State Hwy. 71 and Area and "C" Commercial, 6th 824-830 Patton Ave. Height and Area to Tract 1: "B" Residence, 1st Height and Area RECOMMENDED by the Planning Commission Tract 2 822 Patton Ave. To Tract 2: "BB" Residence, 1st Height and Area RECOMMENDED by the Planning Commission Councilwoman Long moved the Council grant the change from "A" Residence, 1st Height and Area and "C" Commercial, 6th Height and Area to Tract 1: "B" Residence, 1st Height and Area and Tract 2: "BB" Residence, 1st Height and Area, as recommended by the Planning Commission. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None The Mayor announced that the change had been granted to "B" Residence, 1st Height and Area on Tract 1 and to "BB" Residence, 1st Height and Area on Tract 2 and instructed the City Attorney to draw the necessary ordinance to cover. W. A. DORNELL by C. T. Uselton C14-69-282 5003 Lynnwood St. From "A" Residence to "B" Residence NOT RECOMMENDED by the Planning Commission CITY OF AUSTIN, TEXAS January 30, 1969 Councilman LaRue moved the Council grant the change from "A" Residence to "B" Residence subject to dedication of required right-of-way. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None The Mayor announced that the change had been granted to "B" Residence subject to dedication of the required right-of-way and instructed the City Attorney to draw the necessary ordinance to cover. F. L. LIGHTFOOT by Conway Taylor C14-69-283 5401-5407 Jeff Davis Ave. From "A" Residence to "B" Residence RECOMMENDED by the Planning Commission Councilwoman Long moved the Council grant the change from "A" Residence to "B" Residence, as recommended by the Planning Commission subject to the dedication of the required right-of-way. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None The Mayor announced that the change had been granted to "B" Residence subject to dedication of the required right-of-way and instructed the City Attorney to draw the necessary ordinance to cover. PAUL HARDY C14-69-284 5206 Woodrow Ave. From "A" Residence to "B" Residence NOT RECOMMENDED by the Planning Commission Councilwoman Long moved the Council grant the change from "A" Residence to "B" Residence subject to the dedication of 15 feet of right-of-way. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None The Mayor announced that the change had been granted to "B" Residence subject to dedication of 15 feet of right-of-way and instructed the City Attorney to draw the necessary ordinance to cover. WESTGATE SQUARE, INC. by John B. Selman C14-69-288 6823-7017 Manor Rd. 6926-7020 Ed Bluestein Blvd. (Loop 111) From Interim "A" Residence, 1st Height and Area to "C" Commercial 1st Height and Area Amended to "GR" General Retail, 1st Height and Area RECOMMENDED by the Planning Commission as amended =CITY OF AUSTIN, TEXAS January 30, 1969 Councilwoman Long moved the Council grant the change as amended from Interim "A" Residence, 1st Height and Area to "GR" General Retail, 1st Height and Area, as recommended by the Planning Commission. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Mayor Akin Noes: None Present But Not Voting: Councilman Nichols The Mayor announced that the change had been granted to "GR" General Retail 1st Height and Area as amended and instructed the City Attorney to draw the necessary ordinance to cover. PAUL HARDY, ET AL by Robert C. Sneed C14-69-291 1800-1816 So. 5th St. 1001-1013 W. Annie St. 1000-1010 W. Mary St. 1801-1805 So. 6th St. From "A" Residence, 1st Height and Area, "B" Residence, 2nd Height and Area and "C" Commer- cial, 2nd Height and Area to "C" Commercial, 1st Height and Area RECOMMENDED by the Planning Commission Councilwoman Long moved the Council grant the change from "A" Residence, 1st Height and Area, "B" Residence, 2nd Height and Area and "C" Commercial, 2nd Height and Area to "C" Commercial, 1st Height and Area, as recommended by the Planning Commission, subject to the written contingency. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None The Mayor announced that the change had been granted to "C" Commercial, 1st Height and Area, subject to the written contingency, and instructed the City Attorney to draw the necessary ordinance to cover. The Chief of Planning Administration stated that the recommendation of the Planning Commission was based on the agreement by the applicants that they would dedicate 5 feet of right-of-way for West Annie Street and a letter or agreement that in the event there was not a formal awarding for the erection of a post office on the site, that the letter or agreement would serve as the application to roll back the zoning to the present zoning classification. LULA JEAN HOOPER by Robert C. Sneed C14-69-292 5504 Bennett Ave. From "A" Residence to "B" Residence Amended to "BB" Residence RECOMMENDED by the Planning Commission as amended CITY OF AUSTIN, TEXAS January 30, 1969 Councilman Nichols moved the Council grant the change from "A" Residence to "BB" Residence, as amended, as recommended by the Planning Commission. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None The Mayor announced that the change had been granted to "BB" Residence as amended and instructed the City Attorney to draw the necessary ordinance to cover. SAM WINETROUB C14-69-293 1700-1702 Houston St. 5500 Jeff Davis Ave. From "A" Residence to "B" Residence RECOMMENDED by the Planning Commission Councilman Nichols moved the Council grant the change from "A" Residence to "B" Residence, as recommended by the Planning Commission subject to dedication of right-of-way. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Noes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin None The Mayor announced that the change had been granted to "B" Residence subject to dedication of right-of-way and instructed the City Attorney to draw the necessary ordinance to cover. MRS. ALTA S. MOORE by Martha G. Yarrington C14-69-294 105 W. 39th St. From "A" Residence, 1st Height and Area to "B" Residence, 2nd Height and Area RECOMMENDED by the Planning Commission Councilwoman Long moved the Council grant the change from "A" Residence, 1st Height and Area to "B" Residence, 2nd Height and Area, as recommended by the Planning Commission. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None The Mayor announced that the change had been granted to "B" Residence, 2nd Height and Area and instructed the City Attorney to draw the necessary ordinance to cover. CITY OF AUSTIN, TEXAS January 30, 1969 CAPITOL AREA COUNCIL BOY SCOUTS OF AMERICA by Paul Beisenherz C14-69-296 7708-7736 Ed Bluestein Blvd. From Interim "A" Residence, 1st Height and Area to "O" Office, lst Height and Area RECOMMENDED by the Planning Commission Councilwoman Long moved the Council grant the change from Interim "A" Residence, 1st Height and Area to "O" Office, 1st Height and Area, as recommended by the Planning Commission, subject to dedication and contingencies. seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None The motion, The Mayor announced that the change had been granted to "O" Office, 1st Height and Area subject to dedication and contingencies and instructed the City Attorney to draw the necessary ordinance to cover. The Chief of Planning Administration stated that there was a buffer requirement of 30 feet on the rear of the property or there was to be a written covenancy that no building would be placed in the 30 feet. Councilman Nichols stated that he would prefer a restrictive covenant in writing rather than agree that there would be no building. E. D. BOHLS 1501-1505 San Antonio From "O" Office to "C" Commercial by Arthur E. Pihlgren C14-69-299 St. 414-416 W. 15th St. RECOMMENDED by the Planning Commission Councilwoman Long moved the Council grant the change from "0" Office to "C" Commercial, as recommended by the Planning Commission. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None The Mayor announced that the change had been granted to "C" Commercial and instructed the City Attorney to draw the necessary ordinance to cover. MARTIN GONZALEZ by Paul Hardy C14-69-285 5314-5400 Woodrow Ave. From "A" Residence to "B" Residence NOT RECOMMENDED by the Planning Commission Councilwoman Long moved the Council grant the change from "A" Residence to "B" Residence subject to working out the provisions of dedication of 15 feet of right-of-way. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Noes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin None CITY OF AUSTIN, TEXAS January 30, 1969 The Mayor announced that the change had been granted to "B" Residence, subject to working out the provisions of dedication of 15 feet of right-of-way and instructed the City Attorney to draw the necessary ordinance to cover. TRINIDAD DELGADO by John B. Selman C14-69-289 2408 South 3rd St. From "A" Residence to "BB" Residence RECOMMENDED by the Planning Commission Councilwoman Long moved the Council grant the change from "A" Residence to "BB" Residence, as recommended by the Planning Commission, subject to right-ofway and dedication as discussed being worked out. The motion, seconded by Council- man Janes, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None The Mayor announced that the change had been granted to "BB" Residence subject to right-of-way and dedication as discussed being worked out, and instructed the City Attorney to draw the necessary ordinance to cover. Mr. John Selman, representing the applicant, stated that his client was willing to accept the 85 foot setback, but that there was a difference in dedicating the 85 feet. He discussed the future continuation of South Second Street to connect with Oak Crest continued and the possible extension of the alley from South First Street. After a lengthy discussion between Mr. Selman and the Council, Mr. Selman agreed to amend the letter filed with the Planning Department to give the necessary right-of-way not to exceed 60 feet for the continuation of South Second Street or alley should it be required, and to include the setback of 85 feet. Councilwoman Long urged petitions for the paving of South Third Street and possibly the alley from South First. ZONING APPLICATION POSTPONED Councilwoman Long moved the Council postpone until February 6, 1969, Zoning Application No. 69-14-281, Gussie Mae Harrell, by T. H. Harrell, to give the applicant the opportunity to withdraw the application. The motion, seconded by Councilman Janes, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None VACATION OF ALLEY Mayor Akin introduced the following ordinance: AN ORDINANCE VACATING AND PERPETUALLY CLOSING FOR PUBLIC USE THAT CERTAIN PORTION OF WEST MARY STREET ALLEY, IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS RETAINING AN EASEMENT IN THE CITY FOR DRAINAGE PURPOSES SUSPENDING THE RULE REQUIRING THE READING OF AN ORDINANCE ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. CITY OF AUSTIN, TEXAS January 30, 1969 The ordinance was read the first time and Councilwoman Long moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None The ordinance was read the second time and Councilwoman Long moved that the rule be suspended and the ordinance passed to its third reading. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None The ordinance was read the third time and Councilwoman Long moved that the ordinance be finally passed. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None The Mayor announced that the ordinance had been finally passed. WALK PARADE AMERICAN FREEDOM FROM HUNGER FOUNDATION Reverend Hess and Mr. John Gilman appeared before the Council to discuss the proposed walk in behalf of the American Freedom from Hunger Foundation. The Council, City Manager Tinstman and Mr. Gilman discussed the various routes and times that the walk could be staged. It was finally agreed that the march would be from dawn to completion of the parade using the route from Avenue A to 41st Street to Concordia Lutheran College. Councilman LaRue moved the Council approve the route and time as proposed. The motion, seconded by Councilwoman Long, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None ZONING ORDINANCE Mayor Akin introduced the following ordinance: AN ORDINANCE ORDERING A CHANGE IN USE AND HEIGHT AND AREA AND CHANGING THE USE AND HEIGHT AND AREA MAPS ACCOMPANY ING CHAPTER 39 OF THE AUSTIN CITY CODE OF 1954 AS FOLLOWS: TRACT 1: A 1.1 ACRE TRACT OF LAND, LOCALLY KNOWN AS 2406 & 2407 VENTURA DRIVE, FROM INTERIM "A" RESIDENCE DISTRICT AND INTERIM FIRST HEIGHT AND AREA DISTRICT TO "A" RESIDENCE DISTRICT AND FIRST HEIGHT AND AREA DISTRICT; TRACT 2: A 5 ACRE TRACT OF LAND, LOCALLY KNOWN AS 2508-2512 EAST BEN WHITE BOULEVARD AND 3504-3508 BURLESON ROAD, FROM INTERIM "A" RESIDENCE DISTRICT AND INTERIM FIRST HEIGHT AND AREA DISTRICT TO "B" RESIDENCE DISTRICT AND FIRST HEIGHT AND AREA DISTRICT; _ CITY OF AUSTIN, TEXAS January 30, 1969 TRACT 3: A 60 ACRE TRACT OF LAND, LOCALLY KNOWN AS 3600-3604 BURLESON ROAD, FROM INTERIM "A" RESIDENCE DISTRICT AND INTERIM FIRST HEIGHT AND AREA DISTRICT TO "LR" LOCAL RETAIL DISTRICT AND FIRST HEIGHT AND AREA DISTRICT: ADDITIONAL AREA: TRACT A: A .37 ACRE TRACT OF LAND, LOCALLY KNOWN AS 2414-2506 EAST BEN WHITE BOULEVARD, FROM INTERIM "A" RESIDENCE DISTRICT AND INTERIM FIRST HEIGHT AND AREA DISTRICT TO "B" RESIDENCE DISTRICT AND FIRST HEIGHT AND AREA DISTRICT; ALL OF SAID PROPERTY BEING LOCATED IN 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 Nichols moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None The ordinance was read the second time and Councilman Nichols moved that The motion, the rule be suspended and the ordinance passed to its third reading. seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None The ordinance was read the third time and Councilman Nichols moved that the ordinance be finally passed. The motion, seconded by Councilman LaRue, carried by the following vote: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Ayes: Noes: None The Mayor announced that the ordinance had been finally passed. ANNEXATION HEARING SET Councilwoman Long moved the Council adopt a resolution setting a public hearing at 10:30 A.M., February 13, 1969, to consider annexing the following: 10.68 acres of land out of the George W. Davis Survey a portion of HIGHLAND HILLS NORTHWEST, CHIMNEY CORNERS SECTION and an unplatted tract. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None CITY OF AUSTIN, TEXAS January 30, 1969 VACATION OF STREET Mayor LaRue introduced the following ordinance: AN ORDINANCE VACATING AND PERPETUALLY CLOSING FOR PUBLIC USE THAT CERTAIN PORTION OF AVALON STREET, IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS SUSPENDING THE RULE REQUIRING THE READING OF AN ORDINANCE ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. The ordinance was read the first time and Councilman Nichols moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None The ordinance was read the second time and Councilman Nichols moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None The ordinance was read the third time and Councilman Nichols moved that the ordinance be finally passed. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None The Mayor announced that the ordinance had been finally passed. RELEASE OF EASEMENTS Councilwoman Long offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, certain easements were granted to the City of Austin for public utility and drainage purposes on a map or plat of Laurel Grove at Lanier, Section One, a subdivision of record in Book 31 at Page 20 of the Plat Records of Travis County, Texas, and as shown on map or plat of Quail Creek, Section One; said easements being out of and a part of Lots 1, 2, 3 and 4, Block E, Quail Creek, Section One, a subdivision of a portion of the John Applegait Survey in the City of Austin, Travis County, Texas, according to a map or plat of said Quail Creek, Section One, of record in Book 36 at Page 35 of the Plat Records of Travis County, Texas; and, WHEREAS, the owners of the above described property have requested the City Council of the City of Austin to release the hereinafter described portions of said easements; and, CITY OF AUSTIN, TEXAS January 30, 1969 WHEREAS, the City Council has determined that the hereinafter described portions of said easements are not now needed and will not be required in the future; SAVE AND EXCEPT, however, that certain strip of land ten (10.00) feet in width which was provided as a sanitary sewer easement on said map or plat of Laurel Grove at Lanier, Section One, and as shown on said map or plat of Quail Creek, Section One, and which is to be retained as a sanitary sewer easement; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the Assistant to the City Manager of the City of Austin be, and he is hereby authorized to execute a release of the following described portions of said easements, to-wit: Being all of those certain strips of land out of and a part of Lots 1, 2, 3 and 4, Block E, Quail Creek, Section One, a subdivision of a portion of the John Applegait Survey in the City of Austin, Travis County, Texas, according to a map or plat of said Quail Creek, Section One, of record in Book 36 at Page 35 of the Plat Records of Travis County, Texas; which certain strips of land are to be released from the public utilities and drainage easements provided on a map or plat of Laurel Grove at Lanier, Section One, a subdivision of record in Book 31 at Page 20 of the Plat Records of Travis County, Texas, and as shown on said map or plat of Quail Creek, Section One; the centerline of said strip of land ten (10.00) feet in width being more particularly described as follows: BEGINNING at a point in the west line of said Lot 1, Block E, from which point of beginning a concrete monument at the northwest corner of said Lot 1 bears N 33° 56' E 46.00 feet; THENCE, S 74° 22' E, at 89.28 feet passing the east line of said Lot 1, same being the west line of Lot 2, and from which point an iron pin at the northeast corner of said Lot 1 bears N 35° 59' E 43.45 feet, at 186.73 feet passing the east line of said Lot 2, same being the west line of Lot 3, and from which point an iron pin at the northeast corner of said Lot 2 bears N 40° 48' E 41.42 feet, in all a distance of 195.83 feet to an angle point; THENCE, S 38° 59' E, at 83.21 feet passing the east line of said Lot 3, same being the west line of Lot 4, and from which point an iron pin at the northeast corner of said Lot 3, bears N 46°09' E 35.04 feet, in all a distance of 160.18 feet to point of termination in the east line of said Lot 4, from which point of termination of a concrete monument at the northeast corner of said Lot 4 bears N 42° 51' E 34.81 feet, The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None CITY OF AUSTIN, TEXAS January 30, 1969 Councilwoman Long offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, a certain easement was granted to the City of Austin for public utility purposes in, upon and across a part of Lot 28, Block E, Brookside Estates, a subdivision of a portion of the A. B. Spear Survey in the City of Austin, Travis County, Texas, according to a map or plat of said Brookside Estates of Record in Book 23 at Page 32 of the Plat Records of Travis County, Texas, and, WHEREAS, the owners of the above described property have requested the City Council of the City of Austin to release the hereinafter described portion of said easement; and, WHEREAS, the City Council has determined that the hereinafter described portion of said easement is not now needed and will not be required in the future; SAVE AND EXCEPT, however, there is to be retained an aerial easement over and across the entire public utilities easement to be released; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the Assistant to the City Manager of the City of Austin be, and he is hereby authorized to execute a release of the following described portion of said public utility easement, to-wit: 987 square feet of land, same being out of and a part of Lot 28, Block E, Brookside Estates, a subdivision of a portion of the A. B. Spear Survey in the City of Austin, Travis County, Texas, according to a map or plat of said Brookside Estates of record in Book 23 at Page 32 of the Plat Records of Travis County, Texas; which 987 square feet of land are more particularly described by metes and bounds as follows: BEGINNING at the intersection of the east line of said Lot 28, Block E, Brookside Estates, same being the west line of Lot 27, and the south line of an existing public utilities easement ten (10.00) feet in width, same being a line five (5.00) feet south of and parallel to the north line of said Lot 28, which point of beginning is the northeast corner of the herein described tract of land, and from which point of beginning a steel pin at the northeast corner of said Lot 28 bears N 14° 57' W 5.00 feet; THENCE, with the said east line of Lot 28, S 14° 57' E 110.24 feet to an angle point in the east line of the herein described tract of land; THENCE, S 12° 28' E 14.77 feet to a point in the south line of said Lot 28, same being the north line of Sunny Brook Drive, which point is the southeast corner of the herein described tract of land and from which point a steel pin at the southeast corner of said Lot 28 bears N 75° 03′ E 0.64 of one foot; THENCE, with the said south line of Lot 28, S 75° 03′ W 10.01 feet to the southwest corner of the herein described tract of land; CITY OF AUSTIN, TEXAS- January 30, 1969 THENCE, N 12° 28' W 125.12 feet to a point in the aforesaid south line of an existing public utilities easement ten (10.00) feet in width, which point is the northwest corner of the herein described tract of land; THENCE, with the said south line of an existing public utilities easement 1 ten (10.00) feet in width, N 75° 03′ E 5.22 feet to the point of beginning. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None CONTRACT APPROVED Councilwoman Long moved the Council approve a contract with Sentinel Airlines, Inc. for commuter type airline service at Municipal Airport. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None IMPROVEMENTS ON LAKE AUST IN Boat Docks Councilwoman Long 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 approve the erection of a boat dock on the property owned by EARNEST F. GLOYNA as described in the Travis County Deed Records and known as Lot 1 of Aqua Verde Subdivision as described on the attached plot plan and hereby authorizes the said MR. GLOYNA to construct, maintain and operate this boat dock to same being constructed in compliance with all the ordinances relating thereto and further subject to the foregoing attached recommendations; and the Building Official is hereby authorized to issue an occupancy permit for the erection of this boat 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 MR. GLOYNA has failed and refused and will continue to fail and refuse to perform any such conditions, regulations and ordinances. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None CITY OF AUSTIN, TEXAS January 30, 1969 Councilwoman Long 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 shoreline improvements as described below and shown on the attached plan on the property owned by MR. STANLEY L. REESE as described in the Travis County Deed Records and known locally as Lot 51, Rivercrest Addition, Section Two, and hereby authorizes the said MR. STANLEY L. REESE to construct and maintain a retaining wall as described on the attached plan in compliance with all laws and ordinances relating thereto. 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 MR. STANLEY L. REESE has failed and refused and will continue to fail and refuse to comply with any such conditions, regulations, laws and ordinances. The motion, seconded by Councilman LaRue, carried by the following vote: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Ayes: Noes: None Councilwoman Long 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 shoreline improvements as described below and shown on the attached plan on the property owned by MR. STANLEY L. REESE as described in the Travis County Deed Records and known locally as Lot 16, Block A, Rivercrest Addition, Section One, and hereby authorizes the said MR. STANLEY L. REESE to construct and maintain a retaining wall as described on the attached plan in compliance with all laws and ordinances relating thereto. 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 MR. STANLEY L. REESE has failed and refused and will continue to fail and refuse to comply with any such conditions, regulations, laws and ordinances. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None CITY OF AUSTIN, TEXAS January 30, 1969 Councilwoman Long 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 shoreline improvements as described below and shown on the attached plan on the property owned by MESSRS. LLOYD LONGMIRE and TREV SEYMOUR as described in the Travis County Deed Records and known locally as Lots 58 and 59, Block A, Rivercrest Addition, Section Two, and hereby authorizes the said MESSRS. LLOYD LONGMIRE and TREV SEYMOUR to construct and maintain a retaining wall as described on the attached plan in compliance with all laws and ordinances relating thereto. 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 MESSRS. LLOYD LONGMIRE and TREV SEYMOUR have failed and refused and will continue to fail and refuse to comply with any such conditions, regulations, laws and ordinances. The motion, seconded by Councilman LaRue, carried by the following vote: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Ayes: Noes: None Councilwoman Long 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 shoreline improvements as described below and shown on the attached plan on the property owned by REV. GEORGE DETTMAN as described in the Travis County Deed Records and known locally as Lot 6, Section C. Aqua Verde Estates, and hereby authorizes the said REV. GEORGE DETTMAN to construct and maintain a retaining wall as described on the attached plan in compliance with all laws and ordinances relating thereto. 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 REV. GEORGE DETTMAN has failed and refused and will continue to fail and refuse to comply with any such conditions, regulations, laws and ordinances. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Noes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin None CITY OF AUSTIN, TEXAS January 30, 1969 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 REV. DETTMAN has failed and refused and will continue to fail and refuse to perform any such conditions, regulations and ordinances. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None Councilwoman Long moved the Council approve the erection of a boat dock on Lot 16, Block A, Section 1, Rivercrest Addition and Lot 51, Block A, Section 2, Rivercrest Addition owned by Donald Koran. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None Retaining Walls Councilwoman Long 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 shoreline improvements as described below and shown on the attached plan on the property owned by MR. ERNEST F. GLOYNA as described in the Travis County Deed Records and known locally as Lot 1, Aqua Verde, and hereby authorizes the said MR. EARNEST F. GLOYNA to construct and maintain a retaining wall as described on the attached plan in compliance with all laws and ordinances relating thereto. 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 MR. EARNEST F. GLOYNA has failed and refused and will continue to fail and refuse to comply with any such conditions, regulations, laws and ordinances. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None CITY OF AUSTIN, TEXAS January 30, 1969 The motion, seconded by Councilman LaRue, carried by the following vote: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Ayes: Noes: None Councilwoman Long 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 approve the erection of a boat dock on the property owned by R. N. LANE as described in the Travis County Deed Records and known as Lots 11 and 12, Manana Subdivision as described on the attached plot plan and hereby authorizes the said MR. LANE to construct, maintain and operate this boat dock to same being constructed in compliance with all the ordinances relating thereto and further subject to the foregoing attached recommendations; and the Building Official is hereby authorized to issue an occupancy permit for the erection of this boat 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 MR. LANE has failed and refused and will continue to fail and refuse to perform any such conditions, regulations and ordinances. The motion, seconded by Councilman LaRue, carried by the following vote: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Ayes: Noes: None Councilwoman Long 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 approve the erection of a boat dock on the property owned by REVEREND GEORGE DETTMAN, as described in the Travis County Deed Records and known as Lot 6, Section C, Aqua Verdes Estates as described on the attached plot plan and hereby authorizes the said REV. DETTMAN to construct, maintain and operate this boat dock to same being constructed in compliance with all the ordinances relating thereto and further subject to the foregoing attached recommendations; and the Building Official is hereby authorized to issue an occupancy permit for the erection of this boat 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 CITY OF AUSTIN, TEXAS: January 30, 1969 Councilwoman Long 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 approve the erection of two boat docks on the property owned by MR. TREV SEYMOUR and MR. LLOYD LONGMIRE as described in the Travis Deed Records and known as Lots 58 and 59, Block A, Section II, Rivercrest Addition as described on the attached plot plan and hereby authorizes the said MR. SEYMOUR AND MR. LONGMIRE to construct, maintain and operate this boat dock to same being constructed in compliance with all the ordinances relating thereto and further subject to the foregoing attached recommendations; and the Building Official is hereby authorized to issue an occupancy permit for the erection of this boat dock after full compliance with all the provisions of this resolution. Said permission shall be held to be granted and accepted 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 MR. SEYMOUR AND MR. LONGMIRE have failed and refused and will continue to fail and refuse to perform any such conditions, regulations and ordinances. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None Councilwoman Long 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 approve the erection of a boat dock on the property owned by WARREN S. FREUND, JR., as described in the Travis County Deed Records and known as Lot 9, Block D in the Herman Brown No. 2, Section 4 Subdivision as described on the attached plot plan and hereby authorizes the said MR. FREUND to construct, maintain and operate this boat dock to same being constructed in compliance with all the ordinances relating thereto and further subject to the foregoing attached recommendations; and the Building Official is hereby authorized to issue an occupancy permit for the erection of this boat 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 MR. FREUND has failed and refused and will continue to fail and refuse to perform any such conditions, regulations and ordinances. CITY OF AUSTIN, TEXAS January 30, 1969 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the bid of Floyd Gibson Construction Company, in the sum of $14,600.00, be and the same is hereby accepted, and that R. M. Tinstman, City Manager of the City of Austin, be and he is hereby authorized to execute a contract on behalf of the City with Floyd Gibson Construction Company. The motion, seconded by Councilwoman Long, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None Councilwoman Long moved the Council approve the contract for engineering services for improvement of 26th Street from Interstate Highway 35 to Guadalupe, placing a ceiling of $28,000. SALE OF HOUSES Councilwoman Long offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on January 27, 1969 for the sale of twelve (12) houses that Urban Renewal had turned over to the City for disposal; and, WHEREAS, the bid of J. C. Evans in the sum of $10.00 for the house located at 1124 Midway; the bids of B. T. Moore in the sum of $61.00 for the house located at 2501 New York and in the sum of $76.00 for the house located at 2227 Rosewood; the bids of Ira Mullins, Jr. in the sum of $78.00 for the house located at 2411 E. 12th Street, in the sum of $41.00 for the house located at 1188 Singleton and in the sum of $40.00 for the house located at 1190 Singleton; the bids of D. H. Wiley in the sum of $12.50 for the house located at 1178 Singleton, in the sum of $6.75 for the house located at 1180 Singleton and in the sum of $7.50 for the house located at 1186 Singleton; the bid of A. Heyer in the sum of $11.65 for the house located at 1196 Singleton, and the bids of Weldon Johnston in the sum of $22.60 for the house located at 1184 Singleton and in the sum of $7.60 for the house located at 1194 Singleton, were the highest and best bids therefor, and the acceptance of such bids has been recommended by the Building Official 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 above enumerated bids of J. C. Evans, B. T. Moore, Ira Mullins, Jr., D. H. Wiley, A. Heyer and Weldon Johnston, be and the same are hereby accepted, and that R. M. Tinstman, City Manager of the City of Austin, be and he is hereby authorized to execute contracts on behalf of the City with said named parties. January 30, 1969 CITY OF AUSTIN, TEXAS Said gas mains described above and Number 1 through 16 shall have a cover of not less than 2 1/2 feet. be and the same is hereby granted and the Director of Public Works is hereby authorized to issue a permit for the construction of such improvements, said grant and permit to be subject to the following conditions: (1) The improvements shall be constructed and maintained in compliance with all ordinances relating thereto. (2) The permit shall be issued and accepted subject to all reasonable police, traffic, fire and health regulation as the City of Austin, now existing or hereafter adopted. (3) The repair or relocation of any and all utilities in the vicinity necessitated by the laying of these improvements shall be done at the expense of the Southern Union Gas Company of Austin, Texas. (4) The Southern Union Gas Company of Austin, Texas, will indemnify and save the City of Austin harmless from any and all claims against said City growing out of or connected with the construction or maintenance of said improvements. (5) That all backfill under street surfaces between existing or future proposed curbs and under driveways and alleys, shall be tamped with mechanical tampers in six (6) inch layers. Each layer shall be compacted to not less than 90 per cent of maximum density as determined by the Standard Method of Test for compation and Density of Soils, A.A.S.H.O. Designation T99-49. (6) The City of Austin may revoke such permit for good cause after notice to the Southern Union Gas Company, in Austin, and hearing thereon, and upon such revocation the owner of such improvements will remove the same and pay all costs and expenses attendant therewith. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None CONTRACTS AWARDED Councilman LaRue offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on January 21, 1969, for Office Alterations to Filter Plant No. 13; and, WHEREAS, the bid of Floyd Gibson Construction Company, in the sum of $14,600.00, was the lowest and best bid therefor and the acceptance of such bid has been recommended by the Supervising Engineer of Construction Engineering of the City of Austin, and by the City Manager; Now, Therefore, January 30, 1969 CITY OF AUSTIN, TEXAS= (9) A gas main in BERWYN CIRCLE from Buffalo Pass, westerly 422 feet; the centerline of which gas main shall be 6.5 feet south of and parallel to the north property line of said BERWYN CIRCLE. (10) A gas main in BERWYN LANE, from Buffalo Pass, northerly 130 feet; the centerline of which gas main shall be 6.5 feet south of and parallel to the north property line of said BERWYN LANE. (11) A gas main in COATBRIDGE DRIVE, from Buffalo Pass, westerly 772 feet; the centerline of which gas main shall be 6.5 feet south of and parallel to the north property line of said COATBRIDGE DRIVE. (12) A gas main in KINBRAKE DRIVE, from Gateshead Drive, westerly 149 feet; the centerline of which gas main shall be 6.5 feet south of and parallel to the north property line of said KINBRAKE DRIVE. (13) A gas main in STOUTWOOD CIRCLE, from Gateshead Drive, northerly 144 feet; the centerline of which gas main shall be 6.5 feet west of and parallel to the east property line of said STOUTWOOD CIRCLE. (14) A gas main in WILLOWBROOK COVE, from Willowbrook Drive, northerly 256 feet; the centerline of which gas main shall be 6.5 feet west of and parallel to the east property line of said WILLOWBROOK COVE. (15) A gas main in WILLOWBROOK DRIVE, from Woodward Street, to Willowrun Drive; the centerline of which gas main shall be 6.5 feet west and north of and parallel to the east and south property lines of said WILLOWBROOK DRIVE. (16) A gas main in WILLOWRUN DRIVE, from Woodward Street to Willowbrook Drive; the centerline of which gas main shall be 6.5 feet east of and parallel to the west property line of said WILLOWRUN DRIVE. CITY OF AUSTIN, TEXAS January 30, 1969 (2) A gas main in HOGAN AVENUE, from Grove Boulevard to Montopolis Drive; the centerline of which gas main shall be 6.5 feet south of and parallel to the north property line of said HOGAN BOULEVARD. (3) A gas main in GROVE BOULEVARD, from a (4) point 30 feet south of the south property line of Hogan Avenue, northerly 105 feet; the centerline of which gas main shall be 6.5 feet west of and parallel to the east property line of said GROVE BOULEVARD. A gas main in MARIGOLD TERRACE, from Montopolis Drive, northerly 658 feet; the centerline of which gas main shall be 6.5 feet west of and parallel to the east property line of said MARIGOLD TERRACE. (5) A gas main in ALLEN DRIVE, from North Hills Drive, southerly 232 feet, the centerline of which gas main shall be 15 feet west of and parallel to the east property line of said ALLEN DRIVE. (6) A gas main in ALLEN CIRCLE, from Allen Drive, westerly 271 feet, the center- line of which gas main shall be 15 feet south of and parallel to the north property line of said ALLEN CIRCLE. (7) A gas main in BUFFALO PASS, from a point 75 feet north of the north property line of Gateshead Circle, southerly 1080 feet the centerline of which gas main shall be 6.5 feet west of and parallel to the east property line of said BUFFALO PASS. (8) A gas main in GATESHEAD DRIVE, from a point 120 feet south of the south property line of Coatbridge Drive, northerly and easterly to a point 95 feet east of the east property line of Buffalo Pass; the centerline of which gas main shall be 6.5 feet west and north of and parallel to the east and south property lines of said GATESHEAD DRIVE. CITY OF AUSTIN, TEXAS January 30, 1969 Councilwoman Long 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 shoreline improvements as described below and shown on the attached plan on the property owned by ST. STEPHEN'S EPISCOPAL SCHOOL as described in the Travis County Deed Records and hereby authorizes the said ST. STEPHEN'S EPISCOPAL SCHOOL to construct and maintain a retaining wall from Devil's Hollow northerly 420 feet as described on the attached plan in compliance with all laws and ordinances relating thereto. 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 ST. STEPHEN'S EPISCOPAL SCHOOL has failed and refused and will continue to fail and refuse to comply with any such conditions, regulations, laws and ordinances. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None DESIGNATION OF PUBLIC RIGHT OF WAY FOR NATURAL GAS UTILITY Councilwoman Long 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 RIVERVIEW STREET, from a point 289 feet east of the east property line of Canadian Street, easterly 105 feet; the centerline of which gas main shall be 7.5 feet south of and parallel to the north property line of said RIVERVIEW STREET. CITY OF AUSTIN, TEXAS January 30, 1969 REFUND CONTRACTS Mayor Akin introduced the following ordinance: AN ORDINANCE AUTHORIZING THE ASSISTANT TO THE CITY MANAGER TO ENTER INTO A CERTAIN CONTRACT WITH BILL MILBURN, FOR 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 Nichols moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilwoman Long, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None The ordinance was read the second time and Councilman Nichols moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilwoman Long, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None The ordinance was read the third time and Councilman Nichols moved that the ordinance be finally passed. The motion, seconded by Councilwoman Long, carried by the following vote: Ayes: Noes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin None The Mayor announced that the ordinance had been finally passed. Mayor Akin introduced the following ordinance: AN ORDINANCE AUTHORIZING THE ASSISTANT TO THE CITY MANAGER TO ENTER INTO A CERTAIN CONTRACT WITH ALLANDALE ESTATES DEVELOPMENT CO., FOR 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 Nichols moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilwoman Long, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None The ordinance was read the second time and Councilman Nichols moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilwoman Long, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None CITY OF AUSTIN, TEXAS January 30, 1969 The ordinance was read the third time and Councilman Nichols moved that the ordinance be finally passed. The motion, seconded by Councilwoman Long, carried by the following vote: Ayes: Noes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin None The Mayor announced that the ordinance had been finally passed. Mayor LaRue introduced the following ordinance: AN ORDINANCE AUTHORIZING THE ASSISTANT TO THE CITY MANAGER TO ENTER INTO A CERTAIN CONTRACT WITH BILL MILBURN, FOR 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 Nichols moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilwoman Long, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None The ordinance was read the second time and Councilman Nichols moved that The motion, the rule be suspended and the ordinance passed to its third reading. seconded by Councilwoman Long, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None The ordinance was read the third time and Councilman Nichols moved that the ordinance be finally passed. The motion, seconded by Councilwoman Long, carried by the following vote: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Ayes: Noes: None The Mayor announced that the ordinance had been finally passed. Mayor Akin introduced the following ordinance: AN ORDINANCE AUTHORIZING THE ASSISTANT TO THE CITY MANAGER TO ENTER INTO A CERTAIN CONTRACT WITH LUMBERMENS INVESTMENT CORPORATION, FOR THE APPROPRIATION OF MONEY PAID TO THE CITY OF AUSTIN UNDER SUCH CONTRACT; AND DECLARING AN EMERGENCY. CITY OF AUSTIN. TEXAS January 30, 1969 The ordinance was read the first time and Councilman Nichols moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilwoman Long, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None The ordinance was read the second time and Councilman Nichols moved that the rule be suspended and the ordinance passed to its third reading. The motion, seconded by Councilwoman Long, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None The ordinance was read the third time and Councilman Nichols moved that the ordinance be finally passed. The motion, seconded by Councilwoman Long, carried by the following vote: Ayes: Noes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin None The Mayor announced that the ordinance had been finally passed. SALE OF CITY-OWNED REMNANTS Councilman Nichols offered the following resolution and moved its adoption: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That Gene Higgins, Associate City Manager of the City of Austin, be and he is hereby authorized to execute a warranty deed on behalf of the City of Austin conveying to John W. Tabor the following described property, to-wit: 441 square feet of land, same being out of and a part of that certain tract of land out of the Charles H. Riddle Survey in the City of Austin, Travis County, Texas, which certain tract of land was conveyed to the City of Austin, a municipal corporation, by Delbert Gibson, et al, in condemnation Cause Number 240 of record in Volume 1 at Page 299 of the Probate Minutes of Travis County, Texas; said 441 square feet of land being more particularly described by metes and bounds as follows: BEGINNING at a steel pin at the southwest corner of Lot 32, same being the southeast corner of Lot 31, Goodnight and Pearson Addition, a subdivision of record in Book 5 at Page 28 of the Plat Records of Travis County, Texas, same also being the northwest corner of the herein described tract of land, and which point of beginning is in the north line of the said City of Austin tract of land; CITY OF AUSTIN, TEXAS January 30, 1969 THENCE, with said north line of the City of Austin tract of land, S 60° 20' E 75.02 feet to a steel pin at the southeast corner of said Lot 32, same being the southwest corner of Lot 33, for the northeast corner of the herein described tract of land; THENCE, S 29° 40' W 6.05 feet to the southeast corner of the herein described tract of land, same being a point in the north right-of-way line of Ben White Boulevard; THENCE, with said north right-of-way line of Ben White Boulevard, N 60° 04' W 75.02 feet to the southwest corner of the herein described tract of land; THENCE, N 29° 40' E 5.71 feet to the point of beginning. The motion, seconded by Councilman Janes, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None PARADE PERMIT GRANTED BOY SCOUTS Councilwoman Long moved the Council approve the parade permit as requested by the Capitol Area Council Boy Scouts of America. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None RECESSED MEETING 2:30 Ρ.Μ. In the absence of Mayor Akin, Councilwoman Long called the afternoon session to order. MAYOR AKIN ENTERS ZONING HEARING Mayor Akin announced that it was 2:30 P.M. and the Council would hear the zoning cases scheduled for public hearing at this time. Pursuant to published notice thereof, the following zoning applications were publicly heard: FIRST FEDERAL SAVINGS & LOAN by Alvis Vandygriff C14-69-286 5517-5603 Montview St. From "A" Residence to "B" Residence RECOMMENDED by the Planning Commission CITY OF AUSTIN, TEXAS= January 30, 1969 Councilman Nichols moved the Council grant the change from "A" Residence to "B" Residence, as recommended by the Planning Commission subject to dedication of right-of-way. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Noes: Councilman Janes, LaRue, Long, Nichols, Mayor Akin None The Mayor announced that the change had been granted to "B" Residence and instructed the City Attorney to draw the necessary ordinance to cover. WESTGATE SQUARE INC. by John Selman C14-69-287 Rear of 5811-5815 Manor Road Rear of 5808-5810 Gloucester Ln. From "A" Residence to "B" Residence RECOMMENDED by the Planning Commission as amended Mr. Selman, representing the applicant, had requested by letter withdrawal of Lots 6 and 7 from the application. He asked the Council to consider only Lot 8 Major Forbes E. Hanson, 5807 Gloucester Lane, adjoining property owner, stated that he would not oppose "B" Residence zoning for Lot 8, but requested that Lots 6 and 7 be withdrawn from consideration. Mr. Selman stated that duplexes would be built on the two lots and that no builder coming in would think that they should be rezoned. After some discussion of the property among the Council, Councilwoman Long moved the Council grant the change from "A" Residence to "B" Residence on Lot 8 as recommended by the Planning Commission as amended, and deny the change from "A" Residence to "B" Residence on Lots 6 and 7. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Mayor Akin Noes: None Present But Not Voting: Councilman Nichols The Mayor announced that the change had been granted to "B" Residence on Lot 8 as amended and instructed the City Attorney to draw the necessary ordinance to cover. C. L. REEVES by John B. Selman C14-69-290 310-500 East Powell Ln. From Interim "A" Residence, 1st Height and Area to "B" Residence 2nd Height and Area. Amended to "BB" Residence, 1st Height and Area NOT RECOMMENDED by the Planning Commission Mr. Selman, representing the applicant, stated that Mr. Reeves had requested that the application be referred back to the Planning Commission for further consideration. Councilman LaRue moved the Council refer the application back to the Planning Commission. The motion, seconded by Councilman Janes, carried by the following vote: Ayes: Noes: CITY OF AUSTIN, TEXAS January 30, 1969 Councilmen Janes, LaRue, Long, Nichols, Mayor Akin None GEORGIA F. & CAREY LEGETT, JR. by T. W. Kincheon C14-69-298 1800-4500 Tannehill Ln. From "A" Residence to "BB" Residence NOT RECOMMENDED by the Planning Commission The applicant was planning to build an apartment complex of up to 200 units on about 17 acres of land. The apartments would not be public housing, but would house some people who were on rent supplements. Primary objection came from the residents of Stonegate, an adjacent residential area. A number of citizens appeared to be heard both for and against the zoning change. After a lengthy discussion among the Council, Councilwoman Long moved the Council uphold the recommendation of the Planning Commission to deny the change from "A" Residence to "BB" Residence. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Noes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin None The Mayor announced that the change had been denied to "BB" Residence. HENRIETTA RADER by Ken Reville C14-69-297 8401-8415 Inter- regional Hwy. 35 808-818 Fenelon Dr. From Interim "A" Residence, 1st Height and Area to "GR" General Retail, 5th Height and Area NOT RECOMMENDED by the Planning Commission The Council heard both the proponents and opponents regarding the requested zoning change. After discussion among the Council, Councilman Janes moved the Council continue the case for one week. The motion, seconded by Councilman LaRue, carried by the following vote: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Ayes: Noes: None MINNIE C. ROPER 1501-1503 Taylor by Joseph Latting C14-69-295 Gaines St. 1600-1608 Summit St. 1601-1609 Inter- regional Hwy. From "A" Residence to "O" Office RECOMMENDED by the Planning Commission Discussion was held on the setback requirements on all three sides of the subject property. Councilman LaRue asked that a definite determination be made of the setback on each street. After review, he stated that a 25 foot setback would be required on Taylor Gaines Street, a ten foot setback on Summit Street and a 25 foot setback on Interstate Highway 35. CITY OF AUSTIN, TEXAS January 30, 1969 Councilman LaRue moved the Council grant the change from "A" Residence to "0" Office as recommended by the Planning Commission. The motion, seconded by Councilwoman Long, carried by the following vote: Ayes: Councilman Janes, LaRue, Long, Nichols, Mayor Akin Noes: None The Mayor announced that the change had been granted to "0" Office and instructed the City Attorney to draw the necessary ordinance to cover. TAX APPEALS Councilman Nichols asked Mr. Jack Klitgaard several questions about property owned by Mr. Welty McCullough adjacent to the Covert Ranch. After a brief discussion, Councilman Nichols suggested that the McCullough property be appraised at $550 per acre, but no action was taken. Councilwoman Long asked Tax Assessor-Collector Klitgaard if all of the cases could be heard first and than a large map used to show all of the properties being considered. She felt that she would be able to judge them better of shown that way. Mr. Klitgaard felt that it was impractical to display section maps because of the space they would take up, but he did suggest using the land value maps together that showed the unit value on each piece of property and that it could be put up in a series of three or four maps. Mr. Klitgaard brought up the matter of the property owned by Louise Wilson Snider. At Mr. Klitgaard's suggestion, Councilman Nichols moved the Council cancel the assessment on Mrs. Snider's property completely for this year and put it on a 1968 supplemental roll next year at the time the Board of Equalization is in session. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None ZONING ORDINANCE PASSED Mayor Akin introduced the following ordinance: AN ORDINANCE ORDERING A CHANGE IN USE AND HEIGHT AND AREA AND CHANGING THE USE AND HEIGHT AND AREA MAPS ACCOMPANYING CHAPTER 39 OF THE AUSTIN CITY CODE OF 1954 AS FOLLOWS: A 14.5 ACRE TRACT OF LAND, LOCALLY KNOWN AS 6823-7017 MANOR ROAD AND 6926-7020 ED BLUESTEIN BOULEVARD (LOOP 111), FROM INTERIM "A" RESIDENCE DISTRICT AND INTERIM FIRST HEIGHT AND AREA DISTRICT TO "GR" GENERAL RETAIL DISTRICT AND FIRST HEIGHT AND AREA DISTRICT; ALL OF SAID PROPERTY BEING LOCATED IN AUSTIN, TRAVIS COUNTY, TEXAS; AND SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS. January 30, 1969 =CITY OF AUSTIN, TEXAS The ordinance was read the first time and Councilman LaRue moved that the rule be suspended and the ordinance passed to its second reading. seconded by Councilman Janes, carried by the following vote: The motion, Ayes: Councilmen Janes, LaRue, Long, Mayor Akin Noes: None Present But Not Voting: Councilman Nichols The ordinance was read the second time and Councilman LaRue moved that the rule be suspended and the ordinance passed to its third reading. The motion, seconded by Councilman Janes, carried by the following vote: Councilmen Janes, LaRue, Long, Mayor Akin Ayes: Noes: None Present But Not Voting: Councilman Nichols The ordinance was read the third time and Councilman LaRue moved that the ordinance be finally passed. The motion, seconded by Councilman Janes, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Mayor Akin Noes: None Present But Not Voting: Councilman Nichols The Mayor announced that the ordinance had been finally passed. ACQUISITION OF LAND FOR MOPAC RIGHT-OF-WAY Councilman Nichols offered the following resolution and moved its adoption: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the offer of the owners and claimants of the hereinafter described tract of land to convey unencumbered fee simple title thereto to the City of Austin in consideration of the cash payment of $11,675.00 therefor be accepted, and that the City Manager or his designate be and he is hereby authorized to consummate purchase of the following described tract of land, to-wit: Lot No. Twenty (20) in Brykerwoods Annex, a subdivision in the City of Austin, Travis County, Texas, according to the map or plat of said subdivision of record in Volume 4, Page 317, of the Travis County Plat Records. CITY OF AUSTIN, TEXAS January 30, 1969 The motion, seconded by Councilman Janes, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None Councilman LaRue offered the following resolution and moved its adoption: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the offer of the owners and claimants of the hereinafter described tract of land to convey unencumbered fee simple title thereto to the City of Austin in consideration of the cash payment of $16,750.00 therefor be accepted, and that the City Manager or his designate be and he is hereby authorized to consummate purchase of the following described tract of land, to-wit: SEE ATTACHED EXHIBIT "A". (See original resolution for Exhibit "A") The motion, seconded by Councilman Janes, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None SALE OF REMNANT AND PURCHASE OF RIGHT-OF-WAY The Council had before it for consideration the sale of City-owned property at 3315 East 7th Street. City Attorney Cortez recommended that the property be sold for 70 per square foot and that 15 feet of right-of-way be purchased on Allen Street for 30¢ per square foot. Sale of the land would bring $3,000 and the right-of-way would cost $250. After some discussion, Councilman Nichols moved the Council sell the property at 3315 East 7th Street for 70 per square foot and buy the necessary 15 feet of right-of-way on Allen Street for 30¢ per square foot. The motion, seconded by Councilman Janes, carried by the following vote: Ayes: Councilmen Janes, LaRue, Long, Nichols, Mayor Akin Noes: None ATTEST: ADJOURNMENT The Council then adjourned. race Monie Asst. City Clerk Harry Akin APPROVE: Mayor