C _ CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting June 10, 1971 10:00 Α.Μ. Council Chamber, City Hall し The meeting was called to order with Mayor Butler presiding. Roll call: Present: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Absent: None The Invocation was delivered by Mr. Lynn Andrews, City Manager. PROCLAMATION The Mayor read a proclamation designating June 14 as "FLAG DAY". EASEMENTS RELEASED Councilman Nichols moved the Council adopt a resolution authorizing the release of the following easement: An electrical and telephone easement described in an instrument of record in Book 3346 at Page No. 1717. The motion, seconded by Councilman Love, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None C Councilman Nichols moved the Council adopt a resolution authorizing the release of the following easement: A public utilities easement out of Lot 7, Block A, SOUTH LAMAR SQUARE. The motion, seconded by Councilman Love, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler ☑ Noes: None 619 CCC ว 620 CITY OF AUSTIN, TEXAS June 10, 1971 CONTRACTS AWARDED Councilman Nichols moved the Council adopt a resolution awarding the following contract: SCHMIDT CONSTRUCTION COMPANY - Storm sewers for Peyton Gin Road improvements from Research Boulevard to North Lamar Boulevard, Contract No. 71-Db- 108 - $39,395.65. (60 working days for completion; Engineer's estimate was $37,100.00; Capital Improvements Program) The motion, seconded by Councilman Handcox, carried by the following vote Ayes: Councilmen Dryden, Nichols, Love, Friedman, Handcox, Noes: Mayor Butler None Not in Council Room at the time of the roll call: Councilman Lebermann Councilman Nichols moved the Council adopt a resolution awarding the following contract: TERRY EDWARDS - For street improvements to Montopolis Drive from Club Terrace to 227' north of El Mirando Street, Contract No. 71-Pa-102 - $36,580.83. (40 working days for completion; Engineer's estimate was $38,100.00; Capital Improvements Program) The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None Mr. Andrews, City Manager, announced this completes the Montopolis Paving Project. Councilman Love moved the Council adopt a resolution awarding the following contract: DEXTER SIMONS CONSTRUCTION COMPANY - For the installation of approximately 853 linear feet of 12-inch cast iron sewer pipe in Middle Fiskville Road between Koenig Lane and Highland Mall Boulevard $7,837.70. (20 working days for completion; City's estimate was $8,689.00; Capital Improvements Program) The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None ردر =CITY OF AUSTIN, TEXAS June 10, 1971 Councilman Nichols moved the Council adopt a resolution awarding the following contract: MCGRAW-EDISON - Two (2) each 138 KV 2,000 Ampere Switches for Austrop Substation $5,900.00. 621 The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None Councilman Dryden moved the Council adopt a resolution awarding the following contracts: vote: FEDERAL ENVELOPE COMPANY - For 620,000 envelopes MAILWELL ENVELOPE COMPANY - For 417,500 envelopes $2,945.55. $2,076.02. The motion, seconded by Councilman Lebermann, carried by the following Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None SUBSTANDARD STRUCTURES Councilman Nichols moved the Council accept the recommendations from the Building Standards Commission and instruct the Law Department to take proper legal disposition on the following substandard structures which have not been repaired or demolished within the required time: 1180 Ridgeway - Patricia King 6600 Galindo 1508 East 4th Street Tom Gee & Howell Finch, Trustees Ed Banuelos Estate 1801 Tannehill Drive - 1912 Peoples Edward G. Sigmund & John A. Sherrill Mrs. Johnnie Mae Miller vote: The motion, seconded by Councilman Lebermann, carried by the following Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None Councilmen Nichols, Friedman, and Handcox want pictures of these delivered with the agenda. PARKING METERS ELIMINATED Councilman Lebermann moved the Council adopt a resolution deleting sixty minute parking meters on Guadalupe Street, the east side, from 21st June 10, 1971 CITY OF AUSTIN, TEXAS Street to 24th Street due to University of Texas construction and landscaping. The motion, seconded by Councilman Handcox, carried by the following vote: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Ayes: Noes: None INVESTMENT AND ADMINISTRATION OF BOND PROCEEDS Councilman Nichols moved the Council adopt a resolution authorizing the execution and administration of $13,100,000.00 proceeds of recent bond sale. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None ANNEXATION ORDINANCES Mayor Butler brought up the following ordinance for its third reading: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEXA TION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 6.60 ACRES OF LAND, SAME BEING OUT OF AND A PART OF THE JOHN APPLEGAIT SURVEY IN TRAVIS COUNTY, TEXAS; WHICH SAID ADDITIONAL TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF AUSTIN, IN PARTICULARS STATED IN THE ORDINANCE. (Proposed Windsor Hills, Section 2, Phase Two.) The ordinance was read the third time and Councilman Nichols moved the ordinance be finally passed. The motion, seconded by Councilman Love, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the ordinance had been finally passed. Mayor Butler brought up the following ordinance for its third reading: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ΑΝΝΕΧΑTION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 10.07 ACRES OF LAND, SAME BEING OUT OF AND A PART OF THE JAMES ROGERS SURVEY IN TRAVIS COUNTY, TEXAS, WHICH SAID ADDITIONAL TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF AUSTIN, IN PARTICULARS STATED IN THE ORDINANCE. (Proposed Mesa Park, Section Three) The ordinance was read the third time and Councilman Nichols moved that 422 ! C CITY OF AUSTIN, TEXAS June 10, 1971 the ordinance be finally passed. The motion, seconded by Councilman Love, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the ordinance had been finally passed. CORRECTION OF ZONING ORDINANCES Mayor Butler introduced the following ordinance: AN ORDINANCE AMENDING THE FOLLOWING ZONING ORDINANCES, MAKING CERTAIN MINOR CORRECTIONS IN THE LEGAL DESCRIPTIONS OF THE PROPERTIES ZONED BY SAID ORDINANCES: ORDINANCE NO. 710429-1, ZONING CASE NO. C14-69-239, ORDINANCE NO. 710429-J, ZONING CASE NO. C14-68-194, ORDINANCE NO. 710506-G, ZONING CASE NO.C14-70-127, ORDINANCE NO. 710415-C, ZONING CASE NO. C14-70-004, and ORDINANCE NO. 710415-D, ZONING CASE NO. C14-71-001; AND SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS. Councilman Friedman moved the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance effective immediately. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the ordinance had been finally passed. Mayor Butler introduced the following ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 710318-F, ZONING CASE NO. C14-68-243, BY CORRECTING CERTAIN TYPOGRAPHICAL ERRORS AND CORRECTING CERTAIN ERRORS IN THE LEGAL DESCRIPTION OF THAT PROPERTY ZONED BY SAID ORDINANCE; AND SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS. Councilman Friedman moved the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance effective immediately. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the ordinance had been finally passed. 623 C _ CITY OF AUSTIN, TEXAS June 10, 1971 624 CODE AMENDMENT - SILENT ALARM SYSTEMS The Council had before it an ordinance amending Chapter 26 of the City Code of the City of Austin, 1967, prohibiting the use of Silent Alarm Systems which automatically initiate calls to the Police or Fire Departments. Mayor Butler introduced the following ordinance: AN ORDINANCE AMENDING CHAPTER 26 OF THE AUSTIN CITY CODE OF 1967 BY ADDING A NEW SECTION 26-13; AND PROVIDING FOR THE SUSPENSION OF THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS. Councilman Nichols moved the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance effective immediately. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the ordinance had been finally passed. ZONING ORDINANCE AMENDMENT Mayor Butler opened the hearing scheduled for 2:00p.m. on an amendment to the Zoning Ordinance - amending Section 45-22 of the Zoning Ordinance by adding alcoholic beverages, distilled spirits, liquors, wines, vinous liquors, ales, malt liquors and mixed beverages to the list of beverages that may be handled in connection with the opreation of a restaurant or cafe in areas zoned "GR" Feneral Retail; and an amendment to the definition of "Restaurant or Cafe found in Section 45-1. No one appeared to be heard. Councilman Nichols moved the hearing be closed. The motion, seconded by Councilman Love, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None Mayor Butler introduced the following ordinance: AN ORDINANCE AMENDING SECTION 45-22 OF THE CODE OF THE CITY OF AUSTIN, 1967 TO ALLOW FOR THE SALE OF MIXED BEVERAGES IN AREAS ZONED "GR" GENERAL RETAIL DISTRICT; AND SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS. Councilman Nichols moved the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance effective immediately. The motion, seconded by Councilman Love, carried by the following vote: C June 10, 1971 CITY OF AUSTIN, TEXAS Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the ordinance had been finally passed. ANNEXATION HEARINGS It being 2:00P.M., Mayor Butler opened the hearing scheduled for this time on annexing the properties listed below: Councilman Love moved the Council close the hearing and instruct the administration to institute annexation proceedings to annex the following: 24.91 acres of land out of the William Cannon League proposed BUCKINGHAM ESTATES, SECTION 1, and unplatted land. (requested by owner's representative) 7.17 acres of land out of the William Cannon League proposed FLOURNOY SWEETBRIAR, SECTION VIII. (requested by owner) 30.61 acres of land out of the George W. Davis Surveyproposed QUAIL CREEK WEST, SECTION FOUR; a part of a street known as Hutland Drive and other unplatted land. (requested by owner's representative) 7.28 acres of land out of the William Cannon League proposed BUCKINGHAM MEADOWS. (requested by owner) 39.5 acres of land, more or less, out of the Theodore Bissel Survey - unplatted land and a part of Jones Road. (initiated by City) (pending release from Sunset Valley); and to deny the request for annexing the following: 21.26 acres of land out of the Santiago Del Valle Grantproposed INDIAN HILLS, SECTION 1. (requested by owner) The motion, seconded by Councilman Friedman, carried by the following vote Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None Councilman Nichols wanted to go on record as believing the 21.26 acres should be brought into the City. The City Manager stated the Council should make a study of the annexаtion policy of skipping areas. Councilman Dryden moved the hearing be closed and the administration be instructed to institute annexation proceedings on the following: 99.9 acres of land out of the Theodore Bissel Survey proposed Cherry Creek, Phase II, Section Four; The - 625 _ CITY OF AUSTIN, TEXAS: June 10, 1971 626 Village, Section One; The Village, Section Two, The Village, Section Three; and unplatted land. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None CO-ORDINATOR OF COMMITTEE TO DEFEND DEMOCRATIC RIGHTS IN HOUSTON, TEXAS MR. JAMES W. BURFEIND, Austin Co-ordinator of Committee to Defend Democratic Rights in Houston, requested the Council to take action to defend and assure democratic rights to all Texas citizens as to bombings of political parties, radio stations, shooting at cars, and slanderous attacks in the papers. Recently there was a bombing of the Socialist Workers Party. Individuals who had been attacked, met to do something about these attacks which continued and escalated. His request to the Council was that it indicate its concern through a resolution, or encourage responsible activity that the citizens in Houston undertook to get police to take action. He asked that the Council commend the efforts of this Committee to Defend Democratic Rights in Houston and its supporters for their firm stand against right-wing terrorism. Mayor Butler stated it might be presumptuous to enter into Houston affairs. Councilman Lebermann expressed regrets over violence of any sort, but he too agreed that entrance of the Austin City Council into this matter might be detrimental. Councilman Love expressed appreciation for Mr. Burfeind's coming before this body, stating the Council was sympathetic to the difficulties of Houston, but that Austin has its problems also. ADVOCATES OF ORDINANCE PERMITTING SALE OF RAW MILK MR. JOHN LOVING recalled filing a petition of some 400 names of those wanting to maintain their human right to drink raw milk. He asked that the Council rescind an ordinance passed recently outlawing the sale of raw milk. Mayor Butler said Austin was the last major city in the state that allowed the sale of bottled raw milk. The U. S. Public Health Service and the Texas State Department of Health had also discouraged such sales. The sale of raw milk was prohibited when the last firm had gone out of business. Councilman Dryden stated the City should uphold the State Health Department law and the City Health Officer's recommendation. He pointed out the main disease is brucellosis, which can be controlled and there had been quite a number of cases in ten years that had been reported to the State Health Department. Many of them were attributed to raw milk, those who handle cattle, meat, and milk products. Many cases were not reported but he could get histories on those in Travis County. MRS. HUNTLER, MRS, LOLA LEE, MISS CLARICE CLARK, MRS MAXWELL B. STOUT, MRS. SARA PENN HARRIS, MR. WARREN DONWORTH advocated raw milk as superior to pasteurized milk and urged the Council to re-instate such sales of milk after being certified. DR. SESSUMS explained the State Health Department, although it does allow the sale of raw milk under specific conditions, does recommend that it not be allowed. The U. S. Public Health Service has recommended for many years CITY OF AUSTIN, TEXAS June 10, 1971 627 that no milk other than pasteurized milk be sold. Costs of inspecting a raw milk dairy run three times higher. Councilman Handcox said under proper certified conditions he would not be opposed to the sale of raw milk in Austin. Councilman Handcox moved that the City Attorney be instructed to bring in whatever language is necessary to rexcind the raw milk ordinance. X The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None يرد CROSSTOWN INTERCEPTOR PRELIMINARY DESIGN AND REPORT Mr. Vic Schmidt, Director of Water and Waste Water, gave a history of studies and decisions to provide for the crosstown interceptors. In 1965, to solve the problems of sewer lines in creeks that were too small as well as developing areas in Dry Creek and Bull Creek, the staff investigated the possibility of a cross-town-interceptor that would cross at 29th Street. Sewage could then be taken from the mouth of Bull Creek to Walnut Creek by gravity. After two years of study, the City hired Horner and Schiffrin to make a feasibility study and the report showed this was the economical way to handle sewage on the north bank of the river. This report was distributed to all the consultants in Austin and a meeting was held. All but two of the consultants endorsed this proposal. The criteria to which the critics object are being used in some cities in Texas which are coming to grips with pollution. Past criteria brought on the pollution problems of today's overflowing sewage. In 1970, the Council authorized the design of construction plans for this sewer, and a contract was executed with Bryant-Curington, (locally) A... MATHEWS, and LEEDS-HILL & JEWETT of San Francisco, as the joint venture of this crosstown sewer. MR. R. M. DIXON expressed interest in the engineering of this project. He was invited to meet with the consultants present this morning. Mr. Dixon discussed the Shoal Creek report, which was not included in the Horner & Schiffrin report, but was available to the firm. He believed this concept needed a thorough examination by a disinterested engineer. This project would take care of only one-fourth of the north side and would not serve the south side. The Director of Water and Waste Water, Mr. Vic Schmidt, said the design was to handle the drainage area of Bull Creek, Dry Creek, Johnson Creek, Shoal Creek, Waller and on across the east, north of the intersection. On the south side there is an outfall on the south bank that would be adequate for hopefully 50 years. He explained that the present method of placing the sewers in the creeks would not be advisable. Mr. Schmidt reviewed the infiltration problems, arising mainly from private connections. He discussed increased density to be considered. He pointed out the route of the cross town sewer on a map. In answer to Mayor Butler's question about future needs to construct another tunnel in the south part of Austin, Mr. Schmidt stated the drainage in that section was covered by a good outfall at this time. Mr. Dixon feared there was exfiltration and sewage was getting into Town Lake instead of being treated. Mr. Bryant, Bryant Curington, recalled there was included in the 1966 _ CITY OF AUSTIN, TEXAS June 10, 1971 master plan a paragraph pointing out a possible exfiltration; and that a disinterested engineering firm, Horner & Schiffrin, was engaged to make this study. 628 Mr. Ronald Berman, Chairman Sierra Club, felt there was a lot of exfiltration and stated the crosstown sewers would relieve the load on the sewers south of it, and should do much to alleviate the exfiltration. Councilman Nichols noted the Bond Companies who rate Austin continue to affirm that Austin would get the highest rating to be had because of the economic feature of this crosstown interceptor, and that they were intrigued with this tunnel. He pointed out there would be Federal and State funds available. Councilman Dryden said he was compelled to accept the recommendation of the Water and Waste Water Department. Councilman Dryden moved the Council accept the recommendation of the administration approving the Crosstown Interceptor preliminary design and report, and authorize the proceeding with the final design work. The motion, seconded by Councilman Love, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None POLLUTION CONTROLS In regard to recent correspondence alleging the City-County Health Director had not carried out his responsibilities concerning water pollution, Mr. Dan Davidson, Deputy City Manager, reported a study covering 100 years had been made, and it appeared the river had been a subject of pollution during that period. Dr. Sessums had been with the City less than a year, and his report revealed that more had been accomplished since he came to Austin than any other time in the City's history. Tests made fell within the acceptable Water Quality Board standards. Dr. Sessums reviewed the corrective measures untertaken, and listed the results as follows: approximately 300 boats on Lake Austin and Travis complied with the code as to toilet facilities; six marinas improved their sewage disposal systems; City Departments installed grease pollution interceptors at various locations; car washes were connected to sanitary sewers; inspections were made of 2600 septic tanks and sewage disposal systems, private and public malfunctioning sewer collection systems, grease traps, 1460 installations at food service establishments; and more toilet facilities were added at City Park. Ten privies were eliminated, and facilities connected to sanitary sewers. City forces cleaned oil spills, threatening area waters, and septic tanks in subdivisions subject to water pollution are being discouraged. The program included negotiations with major oil distributors for disposal of waste oil and libricants. Investigations of pollution complaints from the public were made and compliance was arranged in over 50 cases. Many other items were listed: requiring circuses and carnivals to obey the City Code; and assistance was given to a concrete manufacturer to lessen cement residues from cleaning of his trucks. Recommendations covered the following: (1) A City industrial waste ordinance, (2) revision of subdivision ordinances easing the control of waste disposal systems and to control erosion during construction and development د ردز 629 CITY OF AUSTIN. TEXAS June 10, 1971 (3) revision of sections of the Code in conflict with the pollution control system; (4) Plumbing Code revisions to require improved design of grease trap interceptors; (5) begin spot surveillance of the 35 miles of creek beds for pollution control; (6) initiate a plan for water quality monitoring by the local department on Town Lake and associated creeks; (7) development of improved techniques for investigation and location of pollution and sewage; (8) urge continued public and Council support of the development of the crosstown waste water tunnel; (9) reduce pollution from dogs' running at large; (10) issue orders along with the Texas Water Quality Board increasing standards for waste water disposal in areas of extraterritorial jurisdiction and in areas of the County related to problems of the City. MR. BERMAN spoke for the Sierra Club, stating it was very happy about the program Dr. Sessums has planned. He suggested an investigatory task force of department heads and citizen groups. Mr. Russell Fish, Chairman of the Environmental Council, reported this group was working closely with Dr. Sessums. Mr. Larry Smith expressed concern about Shoal Creek, and urged that the creeks be cleaned, adding he would work without pay for a year if he could do the studies on Shaol Creek. General discussion was held by the Council members. CONSULTANT FOR EVALUATION OF MODEL CITIES Mr. Tony Ojeda, Director of the Model Cities Program, reported the purpose of this contract for selecting a consultant is to provide an evaluation of the first year's Model Cities plan, the planning process, and a training program for members of the Staff and Commission. The Federal Law requires that 3% of the Model Cities grant funds be expended on evaluation activities. Out of nine proposals submitted to consultant firms only three were received. Mr. Ojeda recommended the firm "Urban Research Group" as it had a wide-range experience so far as staff performance and firm reputation were concerned. Proposals were received from "Southwest Institute for Planning and Sociometrics" and "Peat, Marwick, Mitchell, & Co.". Councilman Love suggested since the nature of the services to be rendered by each of the three firms is equal, the lowest bid should be accepted. Mr. Homer Reed, Executive Administrator, pointed out in this case the City was securing experience and skill. Councilman Love moved the Council select the firm of SOUTHWEST INSTITUTE FOR PLANNING AND SOCIOMETRICS. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Handcox Noes: Councilmen Lebermann, Friedman, Mayor Butler Councilman Dryden suggested that before other experts are engaged for evaluation purposes, that some of the staff -- Mr. Reed and Mr. Carothers, who are most capable, could do some of this type of work. The City Manager stated this would be the City's evaluating its own activities and the Model Cities program was to try these programs in various cities and evaluate them to see what was good in the programs. Mr. Ojeda discussed the financial program of the Model Cities, and recycling of the funds. He stated the Educational component would not be financed. CITY OF AUSTIN, TEXAS- June 10, 1971 630 ZONING HEARINGS The Mayor opened the zoning hearings scheduled for 2:00 P.M. and the Council publicly heard the proponents and opponents present to present their opinions on both sides; and, the Council after much consideration, GRANTED the following zoning applications and instructed the City Attorney to draw the necessary ordinance to effect the zoning: GUY E. MORGAN By Richard C. Baker C14-71-073 Tract 1 4507-4509 North I H 35 Tract 2 4506-4508 Elwood Road From "A" Residence To "0" Office From "A" Residence To "B" Residence NOT Recommended by the Planning Commission (Tracts 1 and 2) RECOMMENDED "0" Office on west 139.4' of Tract 1 and the retention of "A" Residence on the remain- ing portion of Tract l and Tract 2 Information submitted by the Director of Planning from the Traffic Engineer, who had consulted with the Highway Department on curb cuts, A driveway curb cut could be made on Fernwood. Opposing were Dan Killen and Mr. McKay. Applicants to develop when the highway is completed. A petition had been filed requiring 6 votes. No construction could take place until one year hence. Councilman Nichols moved the change be granted to "0" Office on west 139,4' on Tract 1 and the remaining portion of Tract 1 and Tract 2 remain "A" Residence. The motion, seconded by Councilman Love, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Mayor Butler Noes: Councilman Handcox The Mayor announced the change had been granted as recommended and the City Attorney was instructed to draw the necessary ordinance to cover. MRS. MARTIN ANDERSON By Jon N. Coffee C14-71-080 4501-4503 East Avenue 1104 Fernwood Road To From "A" Residence 5th Height & Area "0" Office 5th Height & Area RECOMMENDED by the Planning Commission Mr. Coffee said zoning a year hence would be acceptable to his clients. No construction could take place until one year hence. U 631 June 10, 1971 _ CITY OF AUSTIN, TEXAS Councilman Nichols moved the change to "0" Office 5th Height and Area be granted. The motion, seconded by Councilman Love, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the change had been granted to "0" Office 5th Height and Area effective one year hence and the City Attorney was instructed to draw the necessary ordinance to cover. し J. M. SALINAS By Richard Love C14-71-098 312 East 16th Street To - From "B" Residence 2nd Height & Area "C" Commercial 2nd Height & Area NOT Recommended by the Planning Commission RECOMMENDED "GR" General Retail 2nd Height & Area and recommend that this tract be brought back to the attention of the Urban Renewal Agency for purchase Urban Renewal is to purchase this property. Mr. Salinas may develop this tract according to the Urban Renewal Plan Urban Renewal does not have to purchase this tract. Councilman Nichols moved the change be granted to "GR" General Retail 2nd Height and Area as recommended. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the change had been granted to "GR" General Retail 2nd Height and Area as recommended by the Planning Commission and the City Attorney was instructed to draw the necessary ordinance to cover. R. & J. INVESTMENTS 5829-5905 Manor Road COMPANY By John Selman C14-71-107 From "B" Residence To "GR" General Retail NOT Recommended by the Planning Commission RECOMMENDED "LR" Local Retail Councilman Nichols moved the change be granted to "LR" Local Retail as recommended by the Planning Commission. The motion, seconded by Councilman Love, carried by the following vote: C. 632 CITY OF AUSTIN, TEXAS: June 10, 1971 Ayes: Noes: Councilmen Dryden, Nichols, Love, Friedman, Handcox, Mayor Butler None Not in Council Room when roll was called: Councilman Lebermann The Mayor announced that the change had been granted to "LR" Local Retail and the City Attorney was instructed to draw the necessary ordinance to cover. C. K. JAMISON By John Selman C14-71-110 516 East 40th Street From "A" Residence 1st Height & Area To "B" Residence 2nd Height & Area NOT Recommended by the Planning Commission RECOMMENDED "B" Residence 1st Height & Area subject to up to 5' of right-of- way on East 40th Street Councilman Love moved the change be granted to "B" Residence 2nd Height and Area subject to up to 5' of right-of-way on East 40th Street. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the change had been granted to "B" Residence 2nd Height and Area and the City Attorney was instructed to draw the necessary ordinance to cover. T. W. WILSON C14-71-081 405 West 35th Street From "A" Residence "B" Residence To RECOMMENDED by the Planning Commission subject to 5' of right- of-way on West 35th Street Councilman Nichols moved the change to "B" Residence 1st Height and Area be granted subject to 5' of right-of-way on West 35th Street. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the change had been granted to "B" Residence lst Height and Area as recommended by the Planning Commission and the City Attorney was instructed to draw the necessary ordinance to cover. _ CITY OF AUSTIN, TEXAS June 10, 1971 433 CHESTER W. LONEY C14-71-093 2001 Koenig Lane From "A" Residence To "0" Office RECOMMENDED by the Planning Commission subject to 10' of right- of-way on Koenig Lane Councilman Nichols moved the change be granted to "0" Office as recommended by the Planning Commission. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the change had been granted to "0" Office and the City Attorney was instructed to draw the necessary ordinance to cover, U E. D. BOHLS By Chris Crow C14-71-096 400-402 Kenniston Drive From "BB" Residence To "B" Residence (as amended) RECOMMENDED by the Planning Commission as amended Councilman Nichols moved the change to "B" Residence be granted. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the change had been granted to "B" Residence and the City Attorney was instructed to draw the necessary ordinance to cover. JAY D. HARKINS C14-71-097 1123A-1125A Shady Lane From "A" Residence "C" Commercial To (as amended). RECOMMENDED by the Planning Commission as amended subject to right- of-way up to 15' on Shady Lane Councilman Nichols moved the change be granted to "C" Commercial as recommended by the Planning Commission. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None し C _ CITY OF AUSTIN, TEXAS June 10, 1971 The Mayor announced that the change had been granted to "C" Commercial as recommended and the City Attorney was instructed to draw the necessary ordinance to cover. C. K. JAMISON 402-404 Swanee Drive By Sneed, Vine, Wilkerson & Selman By John Selman C14-71-106 From "A" Residence To "B" Residence RECOMMENDED by the Planning Commission subject to 5' of right- of-way on Swanee Drive Councilman Dryden moved the change to "B" Residence be granted as recommended. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the change had been granted to "B" Residence and the City Attorney was instructed to draw the necessary ordinance to cover. MONTOPOLIS COMMUNITY 1500 Montopolis Drive CENTER By Thomas B. Watts, Bryant-Curington, Inc. C14-71-100 From "LR" Local Retail To "GR" General Retail RECOMMENDED by the Planning Commission Councilman Friedman moved the change be granted to "GR" General Retail. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the change had been granted to "BR"RGeneral Retail and the City Attorney was instructed to draw the necessary ordinance to cover. M. D. CUNNINGHAM,SR. 2525 Tinnin Ford Road & J. C. PETERSON By C. B. Carpenter C14-71-101 From "GR" General Retail • Το "C-2" Commercial RECOMMENDED by the Planning Commission subject to field notes for the particular site location Councilman Dryden moved the change be granted to "C-2" Commercial. The 634 CCC _ CITY OF AUSTIN, TEXAS June 10, 1971 635 motion, seconded by Councilman Love, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the change had been granted to "C-2" Commercial and the City Attorney was instructed to draw the necessary ordinance to cover. DR. TOM BARNETT & B. T. WEBB C14-71-102 1819 East Riverside Drive From "GR" General Retail Το "C-2" Commercial RECOMMENDED by the Planning Commission subject to field notes for the location of this use Councilman Love moved the change to "C-2" Commercial be granted as recommended. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None The Mayor announced that the change had been granted to "C-2" Commercial and the City Attorney was instructed to draw the necessary ordinance to cover. JERRY N. WALLACE C14-71-103 1214-1306 Rutland Drive To From "BB" Residence on Tracts 1 & 2 and "LR" Local Retail on Tract 3 "A" Residence on Tracts 1, 2 & 3 RECOMMENDED by the Planning Commission and recommended "A" Residence on the additional area as requested Councilman Nichols moved the change to "A" Residence be granted as recommended. The motion, seconded by Councilman Love, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox Noes: None Present but not voting: Mayor Butler as he had a residual interest in the property. The Mayor announced that the change had been granted to "A" Residence and the City Attorney was instructed to draw the necessary ordinance to cover. ) ! June 10, 1971 CITY OF AUSTIN, TEXAS 636 ASHLEY FLY & L. FRANCIS FLY By James W. Twonsend C14-71-083 2505 Nueces Street 2508-2510 San Antonio From "A" Residence and "C" Commercial To 2nd Height & Area "C" Commercial 2nd Height & Area RECOMMENDED by the Planning Commission and recommended that the City purchase this property Mr. Townsend representing the applicants, said no dedinite plans for fuilding at this time have been made. The City Manager said this was a part of a crosstown expressway. The Planning Director said this was part of right of way for 26th Street and was in the 1971 Capital Improvements Program; included under TOPICS - 1972-73. Councilman Lebermann moved the change be denied. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: Councilman Nichols The Mayor announced that the change had been DENIED. Councilman Dryden moved to negotiate the purchase of this property. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None ددد Councilman Dryden, for a matter of record regarding subsequent zoning hearings did not want to get behind on these cases and asked Mr. Lillie to keep the Council posted. The City Manager stated hearings were set now at 10:00 A.M. and Department heads instructed to place on the agenda on Zoning days only the emergency items. CONCESSION RIGHTS AT AUDITORIUM AND COLISEUM The Council had before it bids received for the concession rights at the Municipal Auditorium Coliseum. Councilman Love suggested deferring judgement relative to this particular matter so that the Council could receive a complete report from the City Manager for the total concessions and business conducted between the City and private enterprises. Councilman Dryden moved the Council defer action on the concession rights at the Auditorium - Coliseum until a report from the City Manager is submitted. The motion, seconded by Councilman Handcox, carried by the following vote: C C C Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Handcox, Mayor Butler Noes: None Present but not voting: Councilman Friedman as he represented a CITY OF AUSTIN, TEXAS- June 10, 1971 637 former concession holder ACCEPTANCE OF FEDERAL AVIATION ADMINISTRATION'S GRANT AGREEMENT The Director of Aviation, Mr. Vance Murphy, reported a 50% Federal grant for improvement of runways at the Austin Municipal Airport to strengthen the paving surface to accomodate the larger planes, at a total cost of $92,800,000. Aviation was discussed in various aspects. The City Manager stated by 1975, a decision would have to be made as to the possibility of constructing a new airport or to negotiate with Bergstrom Air Force officials for the joint use of its facilities. After lengthy discussion Councilman Love moved the Council adopt a resolution authorizing acceptance of the Federal Aviation Administration's Grant Agreement of $1,408,465.00. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None SALE OF TOWNLLAKE TRACT TO AUSTIN INDEPENDENT SCHOOL DISTRICT In discussing the sale of the Twon Lake Tract to Austin Independent School District, the City Manager brought up the question of the 50' strip along the river front for a Hike and Bike trail across the property under consideration. The Recreation Director stated this particular area was desirable for the hike and bike trails all the way from the Longhorn Crossing up to Deep Eddy, and perhaps to the University property. Mayor Butler stated a complete survey should be conducted indicating the dimensions and borderlines; and that after completion, the School District would be responsible for the maintenance. The Recreation Director described briefly the hike and bike trail as being five miles in length from dam to dam, and pointed out the necessity to enter into an agreement with the University to use its land. Consulting engineers are preparing specifications for the trail on both sides of the river. Councilman Love emphasized the need for lighting the trail, and asked that plans for lighting this trail be brought back to the Council. Councilman Nichols moved the Council adopt a resolution authorizing the City Manager to enter into the contract with the Austin Independent School District as set forth in the document before the Council, subject to the contingency the City retains the 50' green belt (properly delineated on the plat); subject to approval of recreation facilities constructed by the Schools on City property; and that the School District shall be responsible for the maintenance of the tract, and for the location or relocation of the sewer. The motion, seconded by Councilman Love, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Friedman, Handcox, Mayor Noes: Butler None Not in Council Room at roll call: Councilman Lebermann CITY OF AUSTIN, TEXAS June 10, 1971 438 i Appraisals for the tract: $ 1,054,000 $ 985,000 $ 1,100,000 REQUEST OF JAYCEES TO USE SOUTH SHORE After reviewing the details involved in Mr. Dick Wait's request to use the south shore of Town Lake in conjunction with "Honor America Day", including fireworks, barricades, attendance of fire fighters, and the liability fee to be paid by the City, Councilman Love moved the Council allow the Austin Jaycees to use the shores of Town Lake as requested on July 4th. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None C USE FOR CITY OWNED LAND NORTHWEST OF REINLI & SHERIDAN STREETS - JULY 3rd The Council considered the request of Mr. Leo Butler, representing Capital Plaza Shopping Center, to use city owned land at the intersection of Reinli and Sheridan Streets on July 3rd for the purpose of a fireworks display. Councilman Nichols moved the request be granted subject to approval of all Departments. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None ENVELOPES In connection with awarding a contract for envelopes, Councilman Dryden suggested that the large envelopes carrying data for the Council be returned, to be reused weekly. POSTPONEMENT OF REQUEST TO APPEAR DECKER LAKE SEWAGE TREATMENT PLANT Mr. Lewis W. Johnson, Sr., had requested a place on the agenda for Mr. Bill Davidson or Mr. S. A. Garza to appear before the Council regarding Decker Lake Sewage Treatment Plant. The speakers asked that this date be extended to July 1st, and the Council concurred.. CC ว CITY OF AUSTIN, TEXAS June 10, 1971 439 TOT LOT PROGRAM Councilman Nichols moved the Council adopt two resolutions authorizing the City Manager to execute two (2) 90-day leases for land to be used in the Parks and Recreation Model Cities Tot Lot Program $1.00 each lease. (2311 East 9th Street and 408 Montopolis Drive) The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None GOLF COMMITTEE REPORT The Council had before it the 'report from the Golf Committee regarding the selection of a golf course site. Councilman Dryden asked that the size of this course be "stretched" to 27 holes, as the number of players could be doubled. Mr. Harvey Penick had recommended that the Council consider this enlargement. Councilman Nichols moved that the site of the golf course be the Williamson Creek site in South Austin, and that due consideration be given to increasing the size of the course from 18 holes to 27 holes, if money is available. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen, Dryden, Nichols, Mayor Pro-tem Love, Councilmen Lebermann, Friedman, Handcox, Mayor Butler Noes: None Later in the meeting, Mr. Doren Eskew, of the firm of McCreary, Hugh, and Eskew, represented a number of property owners and golfers concerning the decision of the Council accepting the Williamson Creek site for the new golf course. He asked the Council to reconsider and rescind its action. He had received a copy of the report which involved four tracts of land, and had made two observations - first, an analysis of some of the aspects of the report. He stated some factors were erroneously stated. The second category was the question of keeping faith with the voters in that publicity promoting the bond program included the location of the golf course at Decker Lake. Mr. Eskew compared the two sites pointing out the advantages of the Decker site - superior access, proximity to the golfing public, sanitary sewer facilities already in place; environment - overlooking a 1300 acre lake; and the course not in the flight path of Bergstrom. He pointed out the consistency of the Master Plan. He suggested that this should be advertised for public hearing. Mayor Butler explained his personal vote was on the basis of the recommendation of the Citizens Committee of Golfers. Council members indicated they were well pleased with the recommended location; that the golfing public was well represented, the architect had been instructed to pick one of the four sites and recommend, and he selected the Williamson Creek site. CITIZEN TO BE HEARD Mr. Willie Ferrell requested time to appear before the Council, but did not appear. ) C.C -CITY OF AUSTIN, TEXAS June 10, 1971 440 ADJOURNMENT At 7:00 P.M. the Council adjourned. ATTEST: Elaine Woodley City Clerk APPROVED Rey Bul Mayor