CITY OF AUSTIN, TEXAS 1159 33 MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting November 05, 1970 9:00 Α.Μ. COUNCIL CHAMBER, CITY HALL The meeting was called to order with Mayor LaRue presiding. Roll Call: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Present: Absent: None The Invocation was delivered by REVEREND DAN STEEL, Grace Church of the Nazarene. PROCLAMATION - ALL VETERANS DAY Mayor LaRue read and then presented a proclamation, calling upon all Austin residents to assistain every way possible the observance of All Veterans Day with appropriate ceremonies on November 11, 1970. Commander M. G. Rethlake, General Chairman of the All Veterans Day Committee, introduced several of the other members of the Committee. PROCLAMATION POPPY DAY Mayor LaRue read and then presented a proclamation, designating the days of November 7-11, 1970, as Poppy Days in Austin and encouraging the citizens of Austin to wear the memorial poppy as a tribute to all Austin veterans. Mrs. Jim McAdams, President of the American Legion Auxiliary Post #83, accepted the proclamation and distributed poppies to the Mayor and members of the Council, She extended an invitation to the Council to attend the Veterans Day Breakfast from 6:00 to 9:00 A.M. on November 11. APPROVAL OF MINUTES Councilman Gage moved the Council approve the Minutes of the September 28, 1970 Recessed Meeting of September 24, 1970, the Regular Meeting of October 15, 1970 as corrected, and the Regular Meeting of October 22, 1970. The motion, seconded by Councilman Price, carried by the following vote: C Ayes: Noes: None CITY OF AUSTIN, TEXAS= November 5, 1970 Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue REQUEST TO DISPLAY BANNERS GRANTED Councilman MacCorkle moved the Council grant the request of Commander M. G. Rethlake, All Veterans Day Committee, that the City of Austin display the Red, White and Blue Downtown Street Banners, November 6-12, inrrecognition of the 1970 All Veterans Day Activities. The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Noes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue None COMMENDATION TO COUNCIL AND POLICE CHIEF Mr. F. D. O'Connell read a resolution adopted by Travis Post #76 of the American Legion, Department of Texas, strongly supporting the City of Austin Police Department along with the Mayor and City Council in carrying out their responsibilities to protect the lives and property of the citizens of Austin. Mr. C. T. Johnson of the American Legion Post #76 presented two citations of appreciation, one to the Mayor and the other to Police Chief Bob Miles. HUMAN RELATIONS COMMISSION DISCUSSED Mr. Gus Garcia, representing the Human Relations Commission, requested that the Council urge the City Manager to hire an Executive Director for the Human Relations Commission and that the Council appoint new members to fill vacancies in the Commission. City Manager Andrews reported that there had been about fifty applicants for the position of Executive Director and about 5 to 10 of them had been interviewed. He hoped to make an appointment as quickly as possible. Mayor LaRue stated that the Council would appoint individuals to fill Commission vacancies either during the present Meeting or on the following Tuesday. HEARING OPENED AND RECESSED Councilman Johnson moved the Council open and recess the Public Hearings scheduled for 9:30 A.M. The motion, seconded by Councilman Price, carried by the following vote: Ayes: Noes: Out of Room at Roll Call: Councilmen Atkison, Janes, Johnson, MacCorkle, Price, Mayor LaRue None Councilman Gage C : November 5, 1970 1161 _ CITY OF AUSTIN, TEXAS PARADE PERMIT GRANTED Councilman Price moved the Council grant the request of Mr. Jack G. Fritz, representing Texas A&M University, for a parade permit for Thursday, November 26, 1970, from 9:30 to 10:45 A.M. The motion, seconded by Councilman Atkison, carried by the following vote: Ayes: Noes: Councilmen Atkison, Janes, Johnson, MacCorkle, Price, Mayor LaRue None Out of Room at Roll Call: Councilman Gage REQUEST FOR USE OF CITY PROPERTY GRANTED Councilman Johnson moved the Council grant the request of the Downtown Optimist Club for use of City-owned property at 28th Street and North Lamar for sale of Christmas trees from November 23 to December 26. The motion, seconded by Councilman Atkison, carried by the following vote: Ayes: Noes: Out of Room at Roll Call: Councilmen Atkison, Janes, Johnson, MacCorkle, Price, Mayor LaRue None Councilman Gage ITEM DEFERRED Councilman Atkison moved the Council grant the request of Mr. Maurice Angly, Jr. to defer consideration of a petition to open rehearing Zoning Case #C14-69-112 until November 19, 1970. The motion, seconded by Councilman Johnson, carried by the following vote: Ayes: Noes: Councilmen Atkison, Janes, Johnson, MacCorkle, Price, Mayor LaRue None Out of Room at Roll Call: Councilman Gage HEARING ON DAY CARE CENTER Mayor LaRue reopened the hearing scheduled for 9:30 A.M. on an appeal from the Planning Commission decision on October 13, 1970, granting a special permit for a Day Care Center to Trinity Baptist Church. Mr. Dennis Ebert, Associate Pastor at Trinity Baptist Church, stated that his wife was Director of the Day Care Center, He was unable to understand why they had had difficulty in obtaining the special permit for the Day Care Center because he felt that they had met all the requirements of the City. He believed there was a need for this Day Care Center, as only 6 of the 36 day care centers operated by non-profit organizations, licensed by the City, offered day care for children under 2 years old. Of those 6, none were farther north than Hyde Park Baptist Church. November 5, 1970 1162 CITY OF AUSTIN, TEXAS He made use of a map to point out where their applicants resided, most of whom were from the vicinity of the Center in north Austin and a majority of whom were for children under 2 years old. He also felt that their status as a Christian organization was important to many parents, noting that there were a number of other churches in the City operating day care centers. He believed there would be a very small amount of noise created, which would not disturb the neighbors. He did not believe there had been any complaints when the Church had operated a day care center about three years earlier. He believed the streets adjoining the Church property were wide enough to handle additional traffic, and he stated that all employees had off-street parking. Ninety percent of the loading and unloading of children would take place in offstreet parking areas. He did not believe there would be traffic problems for children going to and returning from school, and he noted the traffic lights in the area, He stated that their traffic would not be at the same time as traffic generated by the school. He noted that there was a six foot picket fence and stated that children would not be allowed to be a nuisance to neighbors. Mr. Claude C. Fuqua stated that he resided at 5407 Grover Street, directly across from the Church property. He noted that the Council had denied aupermit on October 13, and the special permit requested would amount to the same thing. He stated that Grover Street was narrow, particularly with cars parked on both sides of it. He believed that a day care center at the Church would cause traffic problems, particularly for children traveling to and from McCallum High School. He also believed there would be noise problems. He stated that real estate agents had told him that a Church Day Care Center would devalue his property by 50%. Mr. Ebert objected to Mr. Fuqua reading a newspaper extract from the October 29 issue of the Austin American Statesman. Mayor LaRue ruled that the article could be read, although this did not imply that the Council agreed with the article or even that it was relevant to the question at hand. Mr. Fuqua read from the article which reported that the State Security Board had ordered the Trinity Baptist Church to stop selling fraudulent Church bonds and had implicated the pastor in misappropriation of Church funds. Mr. Fuqua noted that the Council had a petition signed by opponents to the Day Care Center. Mrs. J. Herman Frederick, resident at 5315 Grover, opposed the Center because of present traffic congestion which would be increased. She noted other nurseries which existed in the area. Mrs. H. C. Dobson, resident at 5403 Grover, objected to the Center because of the traffic problems. Mrs. Ted Thelien, resident at 5402 Aurora Drive, objected because of traffic and parking problems. Mr. Ebert stated that the article read by Mr. Fuqua was misleading and untrue and that the Day Care Center would be run separately from the Church. He explained that the Day Care Center would be a non-profit operation. He discussed with Councilman Price their anticipated fees and expenses. Councilman MacCorkle discussed with Mr. Ebert the buses used for children on Sunday mornings. They discussed the extent of training of workers in the Day Care Center. Councilman MacCorkle did not feel the Center should be located in : 1163 _ CITY OF AUSTIN, TEXAS:November 5, 1970 this residential neighborhood. In response to Councilman MacCorkle's question, Mr. Ebert stated that there were now 21 children in the Center, and the special permit requested was for 50 children. Mr. Ebert stated that several families in the neighborhood supported the Day Care Center. He did not believe the Center would lower property values but instead would be an improvement in attracting young homebuyers. He dealt with some of the objections he had heard from neighbors. Mr. P. O. Adams stated that most of the objections seemed to come from residents on Grover Street while the Day Care Center traffic would be primarily on Roosevelt. Mr. Ebert noted that students from McCallum High School came to the Day Care Eenteroon a regular basis to study the behavior patterns of children, and he believed this was a contribution to the neighborhood. In response to Councilman Price's question, Mr. Ebert stated that the facility was checked regularly by the State Health Department. Councilman Price discussed the competence of the Center's employees in handling babies. In response to Councilman Johnson's question, Mr. Ebert stated that the Day Care Center already had the approval of the Department of Public Welfare. All that was now required was Council approval of the special permit approved by the Planning Commission. Mr. Ebert stated that Church members were contributing financially to the Day Care Center. In response to Councilman Johnson's question, he estimated that about 16 of the 50 children would be under the age of 2. Mrs. Stevenson stated that she had a child under 2 years old in the Center and from personal observation she was well satisfied with the quality of care received. City Attorney Butler reviewed the 8 standards required by City ordinance for the granting of a special permit for a day care center. Motion Councilman Janes moved the Council uphold the recommendation of the Planning Commission to grant a special permit for a Day Care Center at Trinity Baptist Church. The motion, seconded by Councilman Atkison, failed to carry by the following vote: Councilmen Atkison, Janes, Mayor LaRue Councilmen Johnson, MacCorkle, Price Ayes: Noes: Out of Room at Roll Call: Councilman Gage Mayor LaRue noted that Councilman Gage would be back in the Council Chamber presently and that the Council would have the opportunity to consider this item again, as it required four votes to take action. CORRECTION TO MINUTES Councilman Price moved the Minutes of the Regular Meeting of October 15, 1970, be corrected to show Councilman Johnson voting "no" and Councilman MacCorkle _ CITY OF AUSTIN, TEXASNovember 5, 1970 1164 voting "aye" on the request for parade permit by the Austin Chicano Huelga. The motion, seconded by Councilman Atkison, carried by the following vote: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Ayes: Noes: None ZONING HEARINGS Mayor LaRue reopened the Zoning Hearing scheduled for 9:30 A.M. Pursuant to published notice thereof, the following zoning applications were publicly heard: LINALICE CAREY C14-70-170 4007-4009 Ave. B From "A" Residence to "B" Residence RECOMMENDED by the Planning Commission Councilman Janes moved the Council grant the change from "A" Residence to "B" Residence as recommended by the Planning Commission. The motion, seconded by Councilman Johnson, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None The Mayor announced that the change had been granted as recommended by the Planning Commission and instructed the City Attorney to draw the necessary ordinance to cover. 0. D. PONDER, JR, 5212 Avenue H C14-70-173 From "A" Residence to "LR" Local Retail (as amended) RECOMMENDED by the Planning Commission asbámended subject to 5' of right-of-way Mr. William D. Sowell, resident at 5209 Avenue G, opposed the change. He objected because Avenue H was not a main thoroughfare, and he believed the change would lower the value of his property. Mr. O. D. Ponder, Jr. noted that "LR" Local Retail zoning already existed on adjoining properties, and he did not see how the change would lower Mr. Sowell's property value. In response to Councilman Gage's question, he stated that his property had access from Avenue H and from an alley to the rear. Mr. Sowell stated that the alley to the rear was quite congested. Mr. Dick Lillie, Planning Director, stated that the Planning staff would recommend against "LR" zoning. _ CITY OF AUSTIN, TEXAS November 5, 1970 1165 Councilman Price moved the Council grant the change from "A" Residence to "LR" Local Retail (as amended) as recommended by the Planning Commission subject to 5' of right-of-way. The motion, seconded by Councilman Janes, failed to carry by the following vote: Ayes: Noes: Councilmen Atkison, Janes, Price Councilmen Gage, Johnson, MacCorkle, Mayor LaRue The Mayor announced that the change had been DENIED, Councilmen Gage and Johnson both stated that they would consider this request favorably if the adjoining lot with frontage on 53rd Street could be acquired and the two lots developed as one unit. Mr. Lillie noted that in the event that occurred, Mr. Ponder would not have to wait a year before reapplying. THOMAS JAMES C14-70-174 2936 East 12th St. From "A" Residence to "O" Office Recommend be withdrawn Councilman MacCorkle moved the Council uphold the recommendation of the Planning Commission that the request for zoning change be withdrawn. The motion, seconded by Councilman Johnson, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None B. D. KING 908-912 by Woodrow Patterson East 49 1/2 C14-70-177 Street From "GR" General Retail & "LR" Local Retail to "GR" General Retail RECOMMENDED by the Planning Commission Councilman Johnson moved the Council grant the change from "GR" General Retail and "LR" Local Retail to "GR" General Retail as recommended by the Planning Commission. The motion, seconded by Councilman MacCorkle, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None The Mayor announced that the change had been granted as recommended by the Planning Commission and instructed the City Attorney to draw the necessary ordinance to cover. -CITY OF AUSTIN, TEXAS November 5, 1970 1166 FRED CALVERT by Richard Baker C14-70-180 4514-4515 Witham Lane From Interim "A" Residence, 1st Height and Area to "B" Residence 1st Height and Area RECOMMENDED by the Planning Commission and eliminate the 50 foot setback on the subject tract, subject to departmental require- ments on termination of Witham Lane. Councilman Johnson moved the Council grant the change from Interim "A" Residence, 1st Height and Area to "B" Residence 1st Height and Area as recommended by the Planning Commission with elimination of the 50 foot setback on the subject tract, subject to departmental requirements on termination of Witham Lane. The motion, seconded by Councilman MacCorkle, carried by the following vote: Ayes: Noes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue None The Mayor announced that the change had been granted as recommended by the Planning Commission subject to the conditions and instructed the City Attorney to draw the necessary ordinance to cover. REFUND CONTRACT ORDINANCE Mayor LaRue introduced the following ordinance: AN ORDINANCE AUTHORIZING THE DEPUTY CITY MANAGER TO ENTER INTO A CERTAIN REFUND CONTRACT WITH LUMBERMAN'S INVESTMENT CORPORATION; AND DECLARING AN EMERGENCY. The ordinance was read the first time, and Councilman MacCorkle moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman Price, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None The ordinance was read the second time, and Councilman MacCorkle moved that the rule be suspended and the ordinance passed to its third reading. The motion, seconded by Councilman Price, carried by the following vote: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Ayes: Noes: None Mayor LaRue The ordinance was read the third time and Councilman MacCorkle moved that the ordinance be finally passed. The motion, seconded by Councilman Price, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None November 5, 1970 1167 CITY OF AUSTIN, TEXAS The Mayor announced that the ordinance had been finally passed. ZONING ORDINANCES Mayor LaRue introduced the following ordinance: AN ORDINANCE ORDERING A CHANGE IN USE AND CHANGING THE USE MAPS ACCOMPANYING CHAPTER 45 OF THE AUSTIN CITY CODE OF 1967 AS FOLLOWS: LOT 2, E. C. BROWN SUBDIVISION, LOCALLY KNOWN AS 2009 CULLEN AVENUE, FROM "A" RESIDENCE DISTRICT TO "B" RESIDENCE DISTRICT; 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 Price moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None The ordinance was read the second time, and Councilman Price moved that the rule be suspended and the ordinance passed to its third reading. The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None The ordinance was read the third time, and Councilman Price moved that the ordinance be finally passed. The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None The Mayor announced that the ordinance had been finally passed. Mayor LaRue introduced the following ordinance: AN ORDINANCE ORDERING A CHANGE IN USE AND CHANGING THE USE MAPS ACCOMPANYING CHAPTER 45 OF THE AUSTIN CITY CODE OF 1967 AS FOLLOWS: A 35,283 SQUARE FOOT TRACT OF LAND, LOCALLY KNOWN AS 1713-1801 STATE HIGHWAY 29 AND 1710-1802 OLD AUSTIN-DEL VALLE ROAD, FROM "A" RESIDENCE DISTRICT TO "C" COMMERCIAL DISTRICT; SAID PROPERTY BEING LOCATED IN AUSTIN, TRAVIS COUNTY, TEXAS; AND SUSPENDING THE RULE REQUIRING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS. CITY OF AUSTIN, TEXAS November 5, 1970 The ordinance was read the first time, and Councilman Janes moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman Gage, carried by the following vote: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Ayes: Mayor LaRue Noes: None The ordinance was read the second time, and Councilman Janes moved that the rule be suspended and the ordinance passed to its third reading. The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None The ordinance was read the third time, and Councilman Janes moved that the ordinance be finally passed, The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None The Mayor announced that the ordinance had been finally passed. BUS RATE ORDINANCE SECOND READING Mayor LaRue brought up the following ordinance for its second reading: AN ORDINANCE MODIFYING RATE SCHEDULE OF TRANSPORTATION ENTERPRISES, INC. Mr. Paul Bennight, of Transportation Enterprises, presented a letter dated November 2, 1970, requesting withdrawal of the 25c fare to Westover and Northwest Hills. Councilman Gage stated that he was not willing to consider any rate changes until the Council had an opportunity to see the company's financial statements for August through October. Mr. Bennight proposed that the special school bus fare be reduced from 20¢ to 15¢ and that the fare for children through high school age on the regular buses be reduced from 25 to 10c. Councilman Johnson suggested the issuance of student discount cards to students in the Austin school district at an approximate rate of $1.25 per week. City Attorney Butler noted that students were to be carried for one-half of the regular adult fare. Mr. Bennight discussed the feasibility of the student discount card proposal. Councilman Janes questioned the necessity of the 5c zone transfer charge. Mr. Bennight stated that the transfer charge would be 24 for children and students. Councilman Janes agreed with Councilman Gage that the Council should have been provided with financial statements. Mr. Bennight stated that he was unaware November 5, 1970 1169 CITY OF AUSTIN, TEXAS this had not been done. Councilman Johnson believed the Council should go ahead with the second reading, although they would not act on final passage until they had the financial statements, Councilman Gage stated that he was not willing to consider any zone fare unless the rate for school children on all buses was 10. He believed the special school bus rate was a subterfuge to get around State law. Mra. William Johnson, representing the Austin City Council of Parent and Teachers, stated that their original goal was to reduce fares for children to the original 10ç previously charged or possibly 12 1/2 without any increase in adult fares. They were favorable to a system of weekly passes. She stated that if the Council considered the ordinance in its present form to be in the best interests of the total community, they would bow to the Council's judgment. Motion The ordinance was read the second time, and Councilman Johnson moved that the ordinance be passed to its third reading. The motion, seconded by Councilman MacCorkle, carried by the following vote: Ayes: Councilmen Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: Councilmen Atkison, Gage Councilman Atkison made the following statement: "I will continue to support the reduction of school fares as such, but at the same time I will not vote to subsidize by additional charges for this reduction." Councilman Janes made the following statement: "I am going to vote against my conscience here just to be sure we don't get in a legal entrapment." RECESSED MEETING The meeting was reconvened with Mayor LaRue presiding. 2:00 Ρ.Μ. DAY CARE CENTER Mayor LaRue noted that Councilman Gage wished to read the Minutes of the hearing held in the morning session on a special permit for a day care center at Trinity Baptist Church before taking action on this item. Consequently, this item would probably not be taken up again during the present meeting. ZONING HEARINGS At 2:00 P.M. Mayor LaRue opened the Zoning Hearings scheduled for that time. Pursuant to published notice thereof, the following zoning applications were publicly heard: -CITY OF AUSTIN, TEXAS November 5, 1970 1170 HELEN D. NOHRA by John Selman C14-70-169 4213 Avenue G From "A" Residence to "B" Residence RECOMMENDED by the Planning Commission Mr. John Selman argued for the change, stating that the neighborhood had changed from an "A" single-family residential neighborhood, He noted "B", "LR", "GR", and "C" zonings in the area, He stated that within a radius of one block there were nine multi-unit dwellings. He believed this was the area to which the University campus was expanding. Mr. Miguel Gonzales-Gerth, resident at 4109 Avenue G, opposed the change, stating that the area between 39th and 44th Streets on Avenues F, G, and H was primarily an "A" Residential area, containing single-family dwellings and duplexes He stated that any University expansion into the area would be a long time in the future. He stated that he represented 20 people living within a 300 foot radius of the property in question who were opposed to the change, He was concerned that the change would increase traffic and air and noise pollution. He presented a petition containing names of 125 opponents. Mrs. Clara Arledge, resident at 310 East 43rd, opposed the change. Miss Robyn Richter read a letter from her mother, who was 111, stating that the streets in the area were narrow and that increased traffic would be dangerous to children and many elderly people living in the area. Mrs. Marshall C. Johnston, resident at 3905 Avenue G, objected to trees and greenery being replaced with structures and asphalt. Mr. Selman stated that both 43rd and Avenue G were both 80 feet wide streets, capable of carrying additional traffic. He noted that this was an old house which could not be used any longer as a single-family residence, and its most logical use was as a boarding br fraternity house. He was willing for the Council to go look at the property. Councilman Johnson suggested that changes on 43rd Street should not be allowed to extend into the residential side streets. In response to Councilman Atkison's question, Mr. Selman expressed reservations about agreeing to a restrictive convenant limiting use to only a fraternity or sorority house. Councilman Gage stated that he would vote for the change with such a restrictive covenant and if access were limited only to 43rd Street. Mr. Selman stated he would agree to a 25 foot buffer zone. Councilman MacCorkle stated that he did not favor the zoning change. Mr. Gonzalez-Gerth did not believe it would be practical for access to be limited to 43rd Street and feared that curb cuts on Avenue G would be demanded. Mr. Selman stated that his client would agree to a restrictive covenant permitting no curb cuts on Avenue G. Mr. Wayne Wood suggested that the property be disposed of as four fiftyfoot lots, rather than one entire block. Mr. Lillie discussed what the off-street parking requirements would be. November 5, 1970 11171 CITY OF AUSTIN, TEXAS Motion Made and Withdrawn Councilman MacCorkle moved the Council DENY the change. City Attorney Butler stated that a petition had just been filed but it had not been checked yet to see if it contained the required signatures of 20% of property owners within 200 feet, Councilman MacCorkle withdrew his motion. Councilman Price asked that the request be held in abeyance until Council members had a chance to look at the property. Mayor LaRue announced that the Council would defer action on this request for zoning change. 0. R. McCASLIN C14-70-179 503 West 38th Street From "A" Residence to "C" Commercial NOT RECOMMENDED by the Planning Commission RECOMMENDED by the Planning Commission "B" Residence subject to 5 feet of right-of-way on 38th St. Councilman Price moved that the Council grant the request of the applicant to postpone this case until the next zoning hearing. The motion, seconded by Councilman Atkison, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None GENE H. WALTER C14-70-171 1201 Larkwood Dr. From "A" Residence to "0" Office NOT RECOMMENDED by the Planning Commission Mr. George Webb, representing the applicant, requested that the hearing on this case be postponed as Mr. Walter could not be present. Mayor LaRue noted that opposition present wished the case to be heard at this time. Mr. Webb stated that this property was at the corner of Cameron Road and Larkwood, noting that Cameron Road was already a heavily travelled thoroughfare. He presented pictures to the Council showing the nature of establishments in the area. He stated that there were only nine residential buildings on the ease side of Cameron Road, only one of which he knew to be owner-occupied and not engaged in some sort of office or "B" activities. Councilman Janes discussed with Mr. Lillie whether "0" zoning would be required for Mr. Walter to have a desk in his home to facilitate the hiring and firing of employees for his beauty salon. Mr. Webb stated that Mr. Walter would have no employees in his home and no beauty shop operations there. He thought perhaps only "B" zoning, rather than "0" would be required to permit Mr. Walter to have a desk in his home for conducting interviews. Mr. Lillie stated that an office as part of a dwelling unit required only "B" zoning. Mr. Webb stated that Mr. Walter had authorized him to amend the request to "B" rather than "0" zoning. CITY OF AUSTIN, TEXAS November 5, 1970 1172 Councilman Johnson noted that under "A" zoning, no signs would be allowed, and Mr. Webb believed that Mr. Walter would need a sign. Mr. Lillie stated that the application was for an antique shop rather than a personal office. City Manager Andrews stated that no zoning change was required for Mr. Walter to install a desk in his home. Mrs. Helen L. Moore, resident at 1313 Ridgemont Drive, opposed the change which would permit the encroachment of commercial developments into a residential neighborhood. She stated that a similar application for zoning change on Mr. Webb's property a year earlier had been turned down by the Planning Commission. Motion Councilman Janes moved the Council uphold the recommendation of the Planning Commission to DENY the change. The motion, seconded by Councilman Johnson, carried by the following vote: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Ayes: Noes: None The Mayor announced that the change had been DENIED. GENE NAUMAN & 1144-C through From "A" Residence to "GR" HENRY WENDLANDT, JR. 1100-D Spring- General Retail by George Hatfield dale Road C14-70-172 RECOMMENDED by the Planning Commission Mr. Henry Wendlandt, Jr. stated that the property was surrounded by commercial and multi-family units and that this property would be improved with the development of a retail establishment on it. Mr. Charles Pankey, resident at 4600 Munson Street, presented a petition signed by opponents, stating that the change was not consistent with the residential character of the neighborhood and would lead to increased noise and traffic. He favored the property being used for single-family or duplex. Mr. Wendlandt stated that Springdale Road was a major artery which would eventually be commercial in nature. Councilman Janes moved the Council grant a change from "A" Residence to "B" Residence 1st Height and Area. The motion, seconded by Councilman Johnson, carried by the following vote: Ayes: Noes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue None The Mayor announced that the change to "B" Residence, 1st Height and Area had been granted and instructed the City Attorney to draw the necessary ordinance to cover. | = CITY OF AUSTIN. TEXAS November 5, 1970 1173 ALTENHEIM a Division of Lutheran Social Service, Inc. by Rolf A. Normann C14-70-175 4009-4015 Avenue H 401-403 East 41st Street From "A" Residence to "B" Residence RECOMMENDED by the Planning Commission Mr. Dick Lillie, Planning Director, stated that a petition had been filed which would have to be checked for validity. Mr. Rolf Normann stated that the reason for the request was to expand the existing facilities in order to meet new regulations of the Public Welfare Department. Nathalie Mrs. Nancy Ekstrom, representing her mother who resided at 4012 Duval, stated that she was not opposed to the expansion of facilities but requested that if expansion took place that the air conditioners be vented up. Mayor LaRue announced that this item would be held in abeyance to permit checking on the validity of the petition. WENDLANDT ESTATE by W. R. Coleman and Associates C14-70-178 3011 West 35th St. 3100-3102 & 3101- 3103 Warren St. 3304-3308 & 3303- 3309 Maywood Ave. 3305-3415 Pecos St. (subj, property as amended) From "A" Residence to "BB" Residence (as amended) RECOMMENDED by the Planning Commission as amended on the area covered by the special per- mit and subject to subdivision Mr. Larry Niemann, representing the applicant, stated that this request had been completely redone pursuant to Planning Department recommendations since this case had last been before the Council about a year previously. He noted that there were a number of duplexes in the area. He stated that the heavy traffic on Pecos Street made the area unsuitable for single-family dwellings. He pointed out that any traffic ingress or egress would be prohibited from Pecos, Maywood, or Warren Streets. He did not believe there would be any increased traffic flow on Pecos, Maywood, or Warren. Mr. Niemann stated that only 14.7 units per acre were planned for this development, and there would be a good deal of green space. He did not believe the project would attract University students or young couples with many small children. He believed this development would improve the neighborhood, particularly as opposed to the alternative of duplexes permitted by "A" zoning. Mr. W. R. Coleman, the designer of the project, discussed the layout of the cluster-type housing planned. Mr. J. D. Finley, resident at 3200 West 35th, opposed the change. He believed that "A" residences could be built on Pecos Street. Mr. Dan Strait, resident at the corner of Pecos and Scenic Drive, did not believe this type of construction would add to the beauty of their residential area. He feared that if this zoning were granted, "BB" zoning would further spread into their neighborhood. =CITY OF AUSTIN, TEXAS- November 5, 1970 Mr. William Leach, resident at 2706 Pecos, believed that additional cars would worsen an already hazardous situation. Mr. Chester Snyder, resident on Maywood Avenue, agreed that the proposed development would lead to an unsafe situation. Mrs. Louis Kubecka, resident on Jamesborough, believed the development would be an attractive addition. She asked that the City fill in or build a bridge over the dip in Pecos Street. Mrs. Robert Umstattd, resident on Wade, believed that if this request were approved, there would soon be more apartments in the area. She stated that 90% of the neighborhood would be in favor of a rollback to "AA" zoning. Councilman Johnson believed that the cluster-type housing planned would attract the same type of residents as, were in the neighborhood, as opposed to duplex housing. There was discussion as to how to make the traffic stiuation on Pecos less hazardous. In response to Mr. Finley's question, Mr. Niemann stated that it was unlikely that this property would be used for single-family dwellings, rather than duplexes, if the zoning were unchanged. Councilman Gage believed that the proposed development would be better for the neighborhood than the probable alternative of duplexes. Mr. Leach requested that if the zoning change were to be granted that all of the property be included, rather than a portion deleted. Mr. Lillie stated that the area not included in the area recommended for change was not included in the special permit; if it were rezoned, there would be no permit control of how it could be used. Motion Councilman Janes moved the Council grant the change from "A" Residence to "BB" Residence (as amended) as recommended by the Planning Commission as amended on the area covered by the special permit and subject to subdivision. The motion, seconded by Councilman Atkison, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None The Mayor announced that the change had been granted as recommended by the Planning Commission as amended subject to the conditions and instructed the City Attorney to draw the necessary ordinance to cover. ANNEXATION HEARING SET Councilman Gage offered the following resolution and moved its adoption: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: CITY OF AUSTIN, TEXAS November 5, 1970 175 That a public hearing be held at 9:30 o'clock A.M., in the City Council Chambers of the City of Austin on the 19th day of November, 1970, for the purpose of providing an opportunity for all interested persons to be heard on consideration of the institution of annexation proceedings with respect to the below described property, to-wit: TRACT 1: 0.10 of one acre of land, same being out of and a part of the John Applegait Survey in Travis County, Texas, which 0.10 of one acre of land is more particularly described by metes and bounds as follows: BEGINNING at an iron pin on the corporate limit line of the City of Austin now pending before the City Council of the City of Austin, which point of BEGINNING is the northwest corner of the herein described tract of land, same being a point in the proposed corporate limit line of the City of Austin, from which point of BEGINNING the most easterly corner of Lot 1, Block N, Northcape, Section Three, a subdivision of record in Book 50 at page 13 of the Plat Records of Travis County, Texas, bears S 87° 00′ W 1,007.92 feet, and from which point of BEGINNING the intersection of the east line of Childress Drive with the north line of Floyd Drive bears southwesterly 1,098 feet, more or less; THENCE, with said corporate limit line of the City of Austin now pending before the City Council of the City of Austin in a northerly direction with the following two (2) courses: (1) N 29° 51' E 200.00 feet to an iron pin; (2) N 37° 37' E 50.48 feet to an iron pin at the northwest corner of the herein described tract of land, same being a point in the proposed corporate limit line of the City of Austin; THENCE, with said proposed corporate limit line of the City of Austin, S 60° 19' E 22.00 feet to an iron pin at the northeast corner of the herein described tract of land; THENCE, continuing with the proposed corporate limit line of the City of Austin in a southerly direction with the following two (2) courses: (1) $ 29° 41' W 50.00 feet to an iron pin; (2) S 38° 05' W 202.17 feet to the point of BEGINNING. TRACT 2: 8.88 acres of land, same being out of and a part of the William Cannon League in Travis County, Texas, which 8.88 acres of land are more particularly described by metes and bounds as follows: BEGINNING at a concrete monument on the present corporate limit line of the City of Austin as adopted by ordinance dated August 6, 1970, which point of BEGINNING is the southeast corner of Lot 2, Block P, Flournoy's Sweetbriar, Section VI, a subdivision of record in Book 50 at page 87 of the Plat Records of Travis County, Texas, same being the most easterly northeast corner of the herein described tract of land, and which point of BEGINNING is in the proposed corporate limit line of the City of Austin; _ CITY OF AUSTIN, TEXAS November 5, 1970 1176 THENCE, with the proposed corporate limit line of the City of Austin, S 14° 43' W 301.18 feet to an iron pin at the southeast corner of the herein described tract of land; THENCE, continuing with the proposed corporate limit line of the City of Austin in a westerly direction with the following five (5) courses: (1) N 75° 17′ W 110.00 feet to an iron pin; (2) Ν 41° 15' W 72.35 feet to an iron pin; (3) N 74° 59' W 167.92 feet to a concrete monument; (4) N 82° 44' W 228.36 feet to an iron pin; (5) N 65° 52' W 773.89 feet to an iron pin at the southwest corner of the herein described tract of land, same being a point in the east line of Block R, Flournoy's Sweetbriar, Section 2, a subdivision of record in Book 30 at page 39 of the Plat Records of Travis County, Texas, same being the present corporate limit line of the City of Austin as adopted by ordinance dated June 16, 1966; THENCE, with said present corporate limit line of the City of Austin as adopted by said ordinance dated June 16, 1966, ordinances dated January 25, 1968, April 10, 1969, and August 14, 1969, and the aforesaid ordinance dated August 6, 1970, in a northerly, easterly and southerly direction to the point of BEGINNING. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the City Clerk be authorized and directed to cause a notice of such hearing to be published in a newspaper having general circulation in this City and in the area proposed to be annexed, such publication to be made not more than twenty (20) days, nor less than ten (10) days prior to the hearing. The motion, seconded by Councilman Price, carried by the following vote: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Ayes: Noes: None EASEMENTS RELEASED Councilman Gage offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, a certain easement was granted to the City of Austin for public utility purposes by map or plat of Northwest Terrace, Section Three, a subdivision in the City of Austin, Travis County, Texas, of record in Book 45 at Page 40 of the Plat Records of Travis County, Texas, same being out of and a part of Lot 15, Block H, of said Northwest Terrace, Section Three; and, November 5, 1970 1177 _ CITY OF AUSTIN, TEXAS 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 het be required in the future; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the Deputy 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: 64 square feet of land, same being out of and a part of Lot 15, Block H, Northwest Terrace, Section Three, a subdivision in the City of Austin, Travis County, Texas, of record in Book 45 at Page 40 of the Plat Records of Travis County, Texas; said 64 square feet of land being more particularly described by metes and bounds as follows: BEGINNING at the northwest corner of the heréin described tract of land, same being a point in the west line of said Lot 15, Block H, same being the east line of Lot 14, Block H, and from which point of beginning an iron pin at the most southerly northwest corner of said Lot 15, same being the northeast corner of said Lot 14, bears N 30° 00' E 9.26 feet; THENCE, N 59° 03′ E 18.60 feet to the northeast corner of the herein described tract of land; THENCE, S 30° 57' E 3.00 feet to the southeast corner of the herein described tract of land, same being a point in the south line of an existing seven and onehalf (7.50) foot public utilities easement; THENCE, with said south line of an existing seven and one-half (7,50) foot public utilities easement, S 59° 03′ W 24,00 feet to the southwest corner of the herein described tract of land, same being a point in the aforesaid west line of Lot 15, same being the aforesaid east line of Lot 14; THENCE, with said west line of Lot 15, N 30° 00' E 6.18 feet to the point of beginning. The motion, seconded by Councilman Price, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None Councilman Gage offered the following resolution and moved its adoption: (RESOLUTION) CITY OF AUSTIN, TEXAS November 5, 1970 1178 WHEREAS, a certain easement was granted to the City of Austin for public utility purposes by map or plat of Wooten Terrace, Section Two, a subdivision in the City of Austin, Travis County, Texas, of record in Book 33 at Page 35 of the Plat Records of Travis County, Texas; said easement being out of and a part of Lot 31, Block G, Wooten Terrace, Section Three, a subdivision in the City of Austin, Travis County, Texas, of record in Book 39 at Page 7 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; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the Deputy 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: 148 square feet of land, same being out of and a part of Lot 31, Block G, Wooten Terrace, Section Three, a subdivision in the City of Austin, Travis County, Texas, of record in Book 39 at Page 7 of the Plat Records of Travis County, Texas; said 148 square feet of land being more particularly described by metes and bounds as follows: BEGINNING at the northwest corner of the herein described tract of land, same being a point in the east line of an existing ten (10.00) foot public utilities easement, and from which point of beginning an iron pin at the southwest corner of said Lot 31, Block G, same being the southeast corner of Lot 30, Block G, in said Wooten Terrace, Section Three, bears N 89° 14' W 5.40 feet and S 22° 54 W 9.05 feet; THENCE, S189° 14' Е 27.23 feet to the northeast corner of the herein described tract of land; THENCE, S 27° 29' E 5.68 feet to the southeast corner of the herein described tract of land; THENCE, N 89° 14' W 31.95 feet to the southwest corner of the herein described tract of land, same being a point in the aforesaid east line of an existing ten (10.00) foot public utilities easement; THENCE, with said east line of an existing ten (10.00) foot public utilities easement N 22° 54' E 5.40 feet to the point of beginning. The motion, seconded by Councilman Price, carried by the following vote: Ayes: Noes: =CITY OF AUSTIN. TEXAS November 5, 1970 1179 Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue None Councilman Gage offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, a certain easement was granted to the City of Austin for public utility purposes by map or plat of Whispering Oaks I, a subdivision in the City of Austin, Travis County, Texas, of record in Book 47 at Page 67 of the Plat Records of Travis County, Texas, same being out of and a part of Lot 2, Block 3, of said Whispering Oaks I; 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; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the Deputy 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: A strip of land two (2.00) feet in width, same being out of and a part of Lot 2, Block 3, Whispering Oaks I, a subdivision in the City of Austin, Travis County, Texas, of record in Book 47 at Page 67 of the Plat Records of Travis County, Texas; the centerline of said strip of land two (2.00) feet in width being more particularly described as follows: BEGINNING at a point in the curving north line of said Lot 2, Block 3, same being the south line of Mimosa Drive, said curve having an angle of intersection of 29° 21', a radius of 189.59 feet and a tangent distance of 49.65 feet, and from which point of beginning an iron pin at the northwest corner of said Lot 2, same being the northeast corner of Lot 3, Block 3, bears N 38° 44' W 6.50 feet; THENCE, with a line six and one-half (6.50) feet east of and parallel to the west line of said Lot 2, S 49° 18' W 123,14 feet to point of termination in the north line of an existing fifteen (15.00) foot public utilities easement, and from which point of termination an iron pin at the southwest corner of said Lot 2, same being the southeast corner of said Lot 3, bears N 46° 34′ W 6.53 feet and S 49° 18' W 7.54 feet. The motion, seconded by Councilman Price, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None November 5, 1970 1180 =CITY OF AUSTIN, TEXAS AGREEMENT AUTHORIZED Councilman Gage 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 certain contract with LO-VACA Gathering System for the lowering of a 12-inch high pressure gas line located in Lawrence Street right-of-way; and in accordance with the terms and provisions of that certain contract exhibited to the City Council; and, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: 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. The motion, seconded by Councilman Price, carried by the following vote: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Ayes: Noes: None PAVING REFUNDS AUTHORIZED Councilman Price offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, paving and drainage improvements have been constructed and completed in Highland Mall Boulevard and Airport Boulevard, which are eligible for refund in the amount of $37,876.72 to Austin Mall, Inc., in accordance with the policies of the City of Austin; Now, Therefore, BE IT RESOLVED BYETHET CITYUNCOUNCIL OF THE CITY OFSAUSTIN: approved. That said refund intthe amount of $37,876,72, be, and the same is hereby The motion, seconded by Councilman MacCorkle, carried by the following vote: _ CITY OF AUSTIN, TEXAS November 5, 1970 1181 Ayes: Noes: Councilmen Atkison, Janes, Johnson, MacCorkle, Price, Mayor LaRue None Present But Not Voting: Councilman Gage CASH SETTLEMENTS AUTHORIZED Councilman Price offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, the owners of Emerald Forest, Section 3, have installed a 12 inch cast iron water main in lieu of an 8 inch cast iron water main with a cost difference of $21,224,05, pursuant to a subdivision plan called Emerald Forest, Section 3, and have requested that the City participate in the added cost of the 12 inch cast iron main; and, WHEREAS, the Deputy City Manager and the Director of Water and Waste Water Department of the City of Austin have recommended said participation; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That Dan H. Davidson, Deputy City Manager, be and he is hereby authorized and directed to enter into a participation agreement under the terms of which the City of Austin shall acquire title to the above described main from Lumberman's Investment Corporation, the actual cost of said participation not to exceed $21,224.05. The motion, seconded by Councilman Atkison, carried by the following vote: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Ayes: Noes: None Councilman Price offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, the owners of South Town Plaza, Section 1 have installed water and sewer mains at a cost of $18,061,79, pursuant to a subdivision plan called South Town Plaza, Section 1 and have requested a 75%/25% cash settlement of the above amount in lieu of a refund contract; and, WHEREAS, the owners of South Town Plaza, Section 1 have installed a 12 inch cast iron water main in lieu of an 8 inch cast iron water main with a cost difference of $1,282.05, pursuant to a subdivision plan called South Town Plaza, Section 1 and have requested that the City participate in the added cost of the 12 inch cast iron water main; and, _ CITY OF AUSTIN, TEXAS November 5, 1970. 182 WHEREAS, the owners of South Town Plaza, Section 1 have installed, in accordance with City requirements, in Royal Hill Drive, a dual line at a cost of $3,112.20, and have requested 100% cash settlement of the above amount; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That Dan H. Davidson, Deputy City Manager, be and he is hereby authorized and directed to execute a cash settlement contract under the terms of which the City of Austin shall acquire title to the above described water and sewer mains from Don Lyda, and to pay to Don Lyda 75% of the actual cost not to exceed $13,546.35; and, That the said Dan H. Davidson, be and he is hereby authorized and directed to enter into a participation agreement under the terms of which the City of Austin shall acquire title to the above described 12 inch cast iron water main from Don Lyda, the actual cost of said participation not to exceed $1,282.05; and, That the said Dan H. Davidson, be and he is hereby authorized and directed to enter into a participation agreement under the terms of which the City of Austin shall acquire title to the above described dual line, from Don Lyda and to pay to Don Lyda 100% of the actual cost thereof not to exceed $3,112.20. The motion, seconded by Councilman Atkison, carried by the following vote: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Ayes: Noes: None Councilman Price offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, the owners of Northwest Hills Ranch No. 1, have installed 600 feet of 6-inch cast iron main and appurtenances at a cost of $4,765.41, pursuant to a subdivision plan called Northwest Hills Ranch No. 1, and have requested a 50%/50% cash settlement of the above amount in lieu of a refund contract; and, WHEREAS 50% of the aforementioned $4,765,41 equals $2,382.71, which amount is agreed upon as the cash settlement value of said utility lines, in lieu of refund contract; and, WHEREAS, the Deputy City Manager and the Director of Water and Waste Water Department of the City of Austin have recommended said cash settlement in lieu of a refund contract; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That Dan H, Davidson, Deputy City Manager, be and he is hereby authorized and directed to execute a cash settlement contract under the terms of which the City of Austin shall acquire title to the above described mains, from David B. Barrow and John Campbell and to pay to David B. Barrow and John Campbell 50% of the actual cost thereof not to exceed $2,382.71. CITY OF AUSTIN, TEXAS November 5, 1970 1183 The motion, seconded by Councilman Atkison, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None Councilman Price offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, the owners of Austin Mall, Resubdivision Lot 5, have installed a sanitary sewer main at a cost of $3,610.00 pursuant to a subdivision plan called Austin Mall, Resubdivision Lot 5, and have requested a 60%/40% cash settlement of the above amount in lieu of a refund contract; and, WHEREAS, 40% of the aforementioned $3,610.00 equals $1,440.00 which amount is agreed upon as the cash settlement value of said utility lines in lieu of refund contract; and, WHEREAS, the Deputy City Manager and the Director of Water and Waste Water Department of the City of Austin have recommended said cash settlement in lieu of a refund contract; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That Dan H. Davidson, Deputy City Manager be and he is hereby authorized and directed to execute a cash settlement contract under the terms of which the City of Austin shall acquire title to the above described mains, from Austin Mall, Incorporated, and to pay to Austin Mall, Incorporated 40% of the actual cost thereof not to exceed $1,440.00. The motion, seconded by Councilman Atkison, carried by the following vote: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Ayes: Noes: None CONTRACTS AWARDED Councilman Gage offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on October 27, 1970 for the installation of approximately 730 feet of 18-inch C-76, C1. IV Concrete Pipe, 63 feet of 12-inch Ductile Iron Pipe and 61 feet of 8-inch Concrete Sewer Pipe and appurtenances in West 26th Street from Wichita Street to Whitis Avenue; and, _ CITY OF AUSTIN, TEXAS November 5, 1970 1184 WHEREAS, the bid of Austin Engineering Company in the sum of $57,150.00 was the lowest and best bid therefor and the acceptance of such bid has been recommended by the Director of Water and Waste Water Department 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 Austin Engineering Company in the sum of $57,150.00 be and the same is hereby accepted and that L. H. Andrews, City Manager of the City of Austin, be and he is hereby authorized to execute a contract on behalf of the City with Austin Engineering Company. The motion, seconded by Councilman Johnson, carried by the following vote: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Ayes: Noes: None Councilman Gage offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on October 23, 1970 for Eighteen (18) each 1000 KVA, 12500/277/480Y volt Network Transformers; Six (6) each 500 KVA 12500/277/480Y volt Network Transformers; and Six (6) each 500 KVA 12500/125/216Y volt Network Transformers to be used by the Electric Distribution Division; and, WHEREAS, the bid of Priester-Mell Company in the sum of $136,620.00 for Eighteen (18) each 1000 KVA, 12500/277/4801 volt Network Transformers; the bids of Walter Tips Company in the sum of $35,394.00 for Six (6) each 500 KVA 12500/277/480Y volt Network Transformers and in the sum of $35,394.00 for Six (6) each 500 KVA 12500/125/216Y volt Network Transformers were the lowest and best bids therefor and the acceptance of such bids 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 bids as enumerated above be and the same are hereby accepted and that L. H. Andrews, City Manager of the City of Austin, be and he is hereby authorized to execute contracts on behalf of the City of Austin with Priester-Mell Company and Walter Tips Company. The motion, seconded by Councilman Johnson, carried by the following vote: Ayes: Noes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue None CITY OF AUSTIN, TEXAS November 5, 1970 1185 Councilman Gage offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on October 21, 1970 for One Hundred and Twenty-Five (125) each Galvanized Steel Traffic Signal Poles to be used by the Traffic and Transportation Department; and, WHEREAS, the bid of Priester-Mell Company in the sum of $56,531.30 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 Priester-Mell Company in the sum of $56,531,30 be and the same is hereby accepted and that L. H. Andrews, City Manager of the City of Austin, be and he is hereby authorized to execute a contract on behalf of the City with Priester-Mell Company. The motion, seconded by Councilman Johnson, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None SALE AUTHORIZED Councilman Atkison moved the Council authorize sale of the following: Scrap Metal: Austin Metal and Iron Company Two (2) months contract $4,281.53 City Manager Andrews noted that this was the first time the City had taken formal bids for the selling of scrap metal. He stated that the money would show up as revenue in the next year's budget us well as the present year's budget. The motion, seconded by Councilman MacCorkle, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None SALES AUTHORIZED The Council had before it for consideration the following identical bids on the sale of Surplus Vehicular Equipment: Identical Bids: H. B. Alford, Jr. of Rainey L. Daugherty One Item $85.00 November 5, 1970 CITY OF AUSTIN, TEXAS The following name was drawn by casting of lots: Rainey L. Daugherty Councilman Price moved the Council authorize sale of the following items: Surplus Vehicular Equipment: 1. Ted Attal Construction Co. 3 items $4,210.00 2, Dexter L. Simons Const, Co. 2 items 727.00 3. Doyle McCoy 15 items 673.50 4. Evans Trucking, Inc. 7 items 473.50 5. Damon Doss 1 item 131.00 6. Ed Watson 3. items 199.00 7. Joe W. Gault 1 item 138.00 8. Jack A. Miller, Inc. 2 items 127.00 9. Curtis-Gray Const. Co. 2 items 2,958.00 10. Benny P. Miles 1 item 85.01 11. J. Nolan Harvey 1 item 55.00 12. Harkins Company 2 items 285,00 13. Erland Burkland 2 items 55,30 14. F. L. Bird Painging Cont. 14 items 40,00 15. Wylie W. Bennett 1 item 91.05 16. Our Lady of Mount Carmel 35 items 26.90 17. Charles R. Webb 2 items 7.02 18. Garland Coker 5 items 25.04 19. Kenneth R. Demers 1 item 15.00 20. Identical Bids: H. B. Alford, Jr. Rainey L. Daugherty by drawing 1 item 85.00 The motionk seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None BIDS REJECTED Councilman Price offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on October 12, 1970 for the sale of surplus vehicular equipment as listed on the attached "Exhibit A"; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: CITY OF AUSTIN, TEXAS November 5, 1970 1187 That, except for items hereinafter rejected, bids underlined on said attachment, being the highest and best bids therefor, are hereby accepted, except as to Item 44 for which two identical bids were received and through casting of lots the bid of Rainey L. Daugherty was accepted; and, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the bids for Items 1, 3, 9, 18, 19, 25, 39, 40, 41 and 42, be, and the same are, hereby rejected. The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None SALE OF HOUSES Councilman Price offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on October 26, 1970 for the sale of three (3) City-owned houses to be moved; and, WHEREAS, the bids of Hoffman Construction Company in the sum of $378.50 for the house located at 2105 Lake Austin Blvd. and in the sum of $355.75 for the house located at 400 Rio Vista, and the bid of Alta B, Hoyl in the sum of $2,190.00 for the house located at 802 Winsted, 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 bids of Hoffman Construction Company and Alta B. Hoyl be, and the same are hereby, accepted and that L. H. Andrews, 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. The motion, seconded by Councilman Gage, carried by the following vote: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Ayes: Noes: None Councilman Gage offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on October 26, 1970 for the sale of six (6) City-owned houses to be removed from the premises by demolition, and, November 5, 1970 1188 CITY OF AUSTIN, TEXAS WHEREAS, Cullen & Cox has bid in the sum of $60.00 to remove the house located at 603 East 13th Street, in the sum of $60.00 to remove the house located at 605 East 13th Street, in the sum of $60.00 to remove the house located at 607 East 13th Street, in the sum of $125.00 to 'remove the house located at 508 East 14th Street, in the sum of $279.00 to remove the house located at 811 West 10th Street, and in the sum of $150.00 to remove the house located at 1904 West 11th Street, such sums being the lowest 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 abbve enumerated bids of Cullen & Cox be, and the same are hereby, accepted and that L. H. Andrews, City Manager of the City of Austin be, and he is hereby, authorized to execute contracts for the payment of said sums on behalf of the City with said named party. The motion, seconded by Councilman Johnson, carried by the following vote: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Ayes: Noes: None LAND ACQUISITION APPROVED Councilman Price offered the following resolution and moved its adoption: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the offers of the owners and claimants of the hereinafter described tracts of land to convey unencumbered fee simple title thereto to the City of Austin in consideration of the cash payments in the amounts indicated therefor be accepted, and that the City Manager or his designate be and he is hereby authorized to consummate purchase of the following described tracts of land, to-wit: SEE ATTACHED EXHIBITS 615 Montopolis Dtive 610 Montopolis Drive 904 Montopolis Drive 510 Montopolis Drive 806 Montopolis Drive 804 Montopolis Drive 617 Montopolis Drive 717 Montopolis Drive 621 Montopolis Drive $ 259.30 25.00 125.00 170.00 115.00 170.00 255.00 650.00 235.00 The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None November 5, 1970 1189 _ CITY OF AUSTIN, TEXAS HEARING SET Councilman Gage moved the Council set a hearing at 9:30 A.M., November 12, 1970, on a proposed change in the City's Master Plan requested for Walnut Hollow Business Park, Inc. by Harvey Smith, approximately 48 acres located north of Highway 969 (East 19th Street) between M.K.T. Railroad and T&N Railroad (Southern Pacific); and 110 acres of additional area located on both sides of subject property, from Suburban Residential to Manufacturing and Related Uses. The motion, seconded by Councilman Price, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None DISPOSITION OF URBAN RENEWAL PARCEL AUTHORIZED Councilman Gage offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, on November 3, 1970, the Board of Commissioners of the Urban Renewal Agency of the City of Austin adopted Resolution Number 344-70, by which the Board accepted the bid of Walter L. McBride for the purchase of parcel GR-2, a tract of land situated in the Kealing Urban Renewal Project No. Tex A-11-3 and more particularly described in said Resolution; and, WHEREAS, said Resolution Number 344-70, as an official action of the Urban Renewal Agency of the City of Austin, is a public record on file in the office of said Agency at 614 West 6th Street, and said Resolution is incorporated herein by reference for all purposes; and, WHEREAS, an executed copy of said Resolution was forwarded to the City Council on the 4th day of November, by the Executive Director of the Urban Renewal Agency for approval of the price and conditions of the proposed sale of said property; and, WHEREAS, the City Council finds nothing objectionable concerning the price and conditions of said bid as submitted, and the recommendation of said Urban Renewal Agency Board as contained in said Resolution Number 344-70; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN : That the price and conditions set forth, in the Bid of Walter L. McBride for the purchase of parcel No. GR-2 in the Kealing Urban Renewal Project No. Tex A-11-3 are hereby approved. The Council discussed how the appraisals on this property were made, and it was noted that the sale price was not below the appraised value. The motion, seconded by Councilman Atkison, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Noes: Mayor LaRue None November 5, 1970 1190 CITY OF AUSTIN, TEXAS ENGINEERING SERVICES SELECTED Councilman Price moved the Council select Knowlton, Ratliff, English, and Collins as the engineering firm for 1970 Capital Improvements Program project for relocation of water and sewer line on IH 35 from East 15th to Manor Road. motion, seconded by Councilman Atkison, carried by the following vote: The Councilmen Atkison, Gage, Johnson, MacCorkle, Price, Mayor LaRue Ayes: Noes: Councilman Janes EXECUTIVE SESSION ITEM City Manager Andrews noted that the item of Workman's Compensation Subrogation Claims would be taken up in Executive Session. COMMUNICATIONS PRESENTED Councilman Janes presented the City Manager with numerous communications, one from the Travis County Medical Society, regarding immunizations for a recommendation as to what action the Council should take. Councilman Janes presented the City Manager with a letter regarding the library for his recommendation. LIGHTING DISCUSSED In response to Councilman Johnson's question, City Manager Andrews stated that the street lighting on the public right-of-way around Booker T. Washington Housing Project had been completed, but he did not yet have a report on the status of the additional lighting to be placed in the Project itself. Councilman Johnson urged immediate action regarding the latter. Mayor LaRue stated that he would check on the status of the Housing Project lighting. BUS FINANCIAL STATEMENTS RECEIVED Councilman Janes noted that the Council had received operating statements from Transportation Enterprises as requested. In response to Councilman Janes' question, City Manager Andrews stated that he would ask the Auditor to check out whether $32,000 for two months maintenance was a reasonable figure. INVITATION RECEIVED Mayor LaRue announced that the members of the City Council, the Chief of Police, and others had been invited by Optimist International to attend a meeting on November 11, 1970, at 7:30 P.M. concerning drug abuse. Mayor LaRue stated for the record that the Mayor and members of the Council had a prior commitment to participate in Veterans Day activities at that time and would be unable to attend the Optimist meeting. He noted that the Council would be interested in attending if the meeting were set at some other time. C. 1 CITY OF AUSTIN, TEXAS November 5, 1970 EXECUTIVE SESSION Mayor LaRue noted that the Council would go into Executive Session at this time. ADJOURNMENT Councilman Johnson moved the Council adjourn. The motion, seconded by Councilman Atkison, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None The Council then adjourned. ATTEST: City Clerk APPROVED: Mayor