CITY OF AUSTIN, TEXAS: 700 MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting July 08, 1971 10:00 Α. Μ. COUNCIL CHAMBERS, CITY HALL The meeting was called to order with Mayor Butler presiding. Roll Call: Present: Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilmen Absent: Church. Lebermann, Friedman, Handcox, Mayor Butler None The Invocation was delivered by REVEREND JAMES E. OBEY, David Chapel Baptist APPROVAL OF MINUTES Councilman Nichols moved the Council approve the Minutes of the Regular Meeting of Julyll, 1971, with the correction as noted on Page 1, and the addition of the Minutes of June 17, 1971. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilmen Noes: Friedman, Handcox, Mayor Butler None Not in Council Chamber when Roll was called: Councilman Lebermann CONTRACTS AWARDED Councilman Nichols moved the Council adopt a resolution awarding the following contract: AUSTIN ENGINEERING COMPANY - For the installation of approximately 598 linear feet of 8-inch concrete sewer pipe and appurtenances - $7,820.30. (20 working days; City's estimate - $7,526.75.) The motion, seconded by Councilman Love, carried by the following vote: _ CITY OF AUSTIN, TEXAS July 8, 1971 201 Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None Councilman Nichols moved the Council adopt a resolution awarding the following contract: CANYON CONSTRUCTION COMPANY - For the construction of a Playscape and associated improvements at Kealing Park $27,247.55. (60 calendar days for completion; City's estimate - $18,000.00; Capital Improve- ment Program) The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler, Councilman Dryden Noes: None Councilman Love moved the Council adopt a resolution awarding the following contract: AUSTIN METAL & IRON COMPANY Sale of scrap metal - $3,997.55. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Love, Lebermann, Friedman, Handcox, Mayor Butler, Councilmen Dryden, Nichols Noes: None Councilman Nichols moved the Council adopt a resolution awarding the following contract: VERNON'S TIRE SERVICE - Sale of used tires $1,272.00. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Lebermann, Friedman, Handcox, Mayor Butler, Councilmen Dryden, Nichols, Love Noes: None Councilman Nichols moved the Council adopt a resolution awarding the following contract: ED H. PAGE - For construction of a reinforced concrete multiple box culvert in Parkfield Drive, Quail Creek Phase 2, Section 1, Contract No. 71-Cc-115- $15,850.24. 50/50 Developer participa- tion project - City funds required $7,925.12. (35 working days for comple- tion; Engineer's estimate: $14,600.00; Capital Improvements Project). The motion, seconded by Councilman Friedman, carried by the following vote: =CITY OF AUSTIN, TEXAS July 8, 1971 702 Ayes: Councilmen Friedman, Handcox, Mayor Butler, Councilmen Dryden, Nichols, Love, Lebermann Noes: None Pad Mounted Distribution Transformers Councilman Nichols moved the Council adopt a resolution awarding contracts for Pad Mounted Distribution Transformers, three phase, as follows: GRAYBAR GRAYBAR RTE TECHLINE WALTER TIPS Two (2) each 500 KVA - 208/120V @ $2,439.00 each $4,878.00. Two (2) each 500 KVA - 480/277V @ $2,337.00 each $4,674.00. - Two (2) each 750 KVA - 208/120V @ $3,550.00 each $7,100.00. - One (1) each 750 KVA - 480/277V - $3,430.00. - One (1) each 1000 KVA - 480/277V - $3,985.00. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilman Handcox, Mayor Butler, Councilmen Dryden, Nichols, Love, Lebermann, Friedman Noes: None EASEMENTS RELEASED Councilman Nichols moved the Council adopt a resolution authorizing the release of the following easement: Public utilities easement out of Lot 8 and Lot 9, West Gate West. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Mayor Butler, Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Noes: None Councilman Nichols moved the Council adopt a resolution authorizing the release of the following easement: Drainage easement out of Lots 1, 2, 3, and 4, West Gate West. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Mayor Butler, Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox. Noes: None 703 _ CITY OF AUSTIN, TEXAS July 8, 1971 Councilman Nichols moved the Council adopt a resolution authorizing the release of the following easement: Sanitary sewer easement out of Lot 14, Block 11, Broadacres. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Mayor Butler, Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox Noes: None Councilman Nichols moved the Council adopt a resolution authorizing the release of the following easement: Seventeen (17) public utilities easements out of Lots 1 through 16, Block A, Vista West 1. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Mayor Butler, Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox Noes: None Councilman Nichols moved the Council adopt a resolution authorizing the release of the following easement:. Public utilities easement out of Lot 4, Block U, Northwest Hills, Section Seven. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Mayor Butler, Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox Noes: None Councilman Nichols moved the Council adopt a resolution authorizing the release of the following easement: Ten (10) foot drainage and public utilities easement as shown on plat of Turnabout Terrace. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Mayor Butler, Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox Noes: None Councilman Nichols moved the Council adopt a resolution authorizing the release of the following easement: Drainage easement out of Lot 1, Block A, Salughter Creek Acres. The motion, seconded by Councilman Handcox, carried by the following vote: _ CITY OF AUSTIN, TEXAS 704 July 8, 1971 Ayes: Mayor Butler, Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox Noes: None Councilman Nichols moved the Council adopt a resolution authorizing the release of the following easement: Public utilities easement out of Lots 1, 2, and 3, Block A, Salughter Creek Acres. The motion, seconded by Councilman Handcox, carried by the following vote, Ayes: Mayor Butler, Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Noes: None Handcox PARKING - CARUSO'S Councilman Nichols moved the Council adopt a resolution establishing 8 off the street parking spaces within a block provided through an agreement with the American National Bank, as an adequate number of parking spaces for Caruso's Cafe, located at 311 West 6th Stree. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox Noes: None Not in Council Room when Roll was called: Mayor Butler SALE OF HOUSES Councilman Nichols moved the Council adopt a resolution authorizing the sale of houses and accepting negative bids on houses to be demolished as follows: August Heyer 1611 Ulit Ave. (f) August Heyer 1810 Cedar Southwest Rathgeber Company $70.00 $70.00 $292.29 1701 Sanchez The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Nichols, Love, Lebermann, Friedman, Handcox, Dryden Noes: None. Not in Council Room when Roll was called: Mayor Butler ACQUISITION OF LAND Councilman Nichols moved the Council adopt a resolution authorizing the acquisition of certain land as follows: For Peyton Gin Road 1812 Peyton Gin Road (Partial Taking) The motion, seconded by Councilman Love, carried by the following vote: CITY OF AUSTIN, TEXAS July 8, 1971 705 Ayes: Councilmen Love, Lebermann, Friedman, Handcox, Dryden, Nichols Noes: None Not in Council Chamber when Roll was called: Mayor Butler Councilman Nichols moved the Council adopt a resolution authorizing the acquisition of certain land as follows: For the Mo-Pac Expressway, Phase 4 1702 Winsted Lane (Partial Taking) The motion, seconded by Councilman Love, Carried by the following vote: Ayes: Councilmen Lebermann, Friedman, Handcox, Dryden, Nichols, Love Noes: None Not in Council Chamber when Roll was called: Mayor Butler LEASES EXTENDED Councilman Nichols moved the Council adopt a resolution authorizing the City Manager to extend the following leases: Providing quarters for the U.S. Weather Bureau (1075 square feet) for a period of one year terminating June 30, 1972. ($1.00 per year) The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Dryden, Nichols, Love, Lebermann Noes: None Not in Council Chamber when Roll was called: Mayor Butler Councilman Nichols moved the Council adopt a resolution authorizing the City Manager to extend the following lease: With the U. S. Weather Bureau for quarters occupied by the Climatologist (462) square feet) at the rate of $1,310 per year for a one-year period expiring June 30, 1972. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Dryden, Nichols, Love, Lebermann Noes: None Not in Council Chamber when Roll was called: Mayor Butler AGREEMENTS FOR SPECIAL TRANSPORTATION AND BUSINESS AID Councilman Love moved the Council adopt a resolution authorizing an agreement between the City of Austin and the Montopolis Community Center Incorporated, for the operation of the Model Neighborhood Area Spécial Transporta- tion Project: Total Cost: $35,865.00 (All Model Cities funds.) Mr. Homer Reed described this project. Two small buses will run shuttle services to meet the regular Austin Transit routes with stops to the service CITY OF AUSTIN, TEXAS July 8, 1971 T.E.C., downtown, and Brackenridge Hopaital through referral from the Clinic. The motion, seconded by Councilman Nichols, carried by the following yote; Ayes: Councilman Handcox, Mayor Butler, Councilmen Dryden, Nichols, Love, Lebermann, Friedman Noes: None 206 Councilman Nichols moved the Council adopt a resolution authorizing an agreement between the City of Austin and the Austin Local Development Corporation for the operation of the Business and Industrial Development Project: Total Cost: $92,861.00. (Model Cities Share: $82,661.00.) Mr. Tony Ojeda, Director of Model Cities, explained this project will try to create two business enterprises and assist four existing businesses to expand. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Mayor Butter, Councilmen: Dryden, Nichols, Love, Lebermann, Friedman, Handcox Noes: None RETIREMENT BOARD - MEMBERS COUNCIL Councilman Nichols moved the Council adopt a resolution appointing Councilman Dryden and Mayor Pro Tem Love to the Employees Pension and Retirement Board. The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Councilmen Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler, Councilman Dryden Noes: None ZONING ORDINANCES Mayor Butler introduced the following ordinance: AN ORDINANCE ORDERING A CHANGE IN USE AND HEIGHT AND AREA AND CHANGING THE USE AND HEIGHT AND AREA MAPS ACCOMPANYING CHAPTER 45 OF THE AUSTIN CITY CODE OF 1967 AS FOLLOWS: (1) LOT 31, NORTHFIELD ADDITION, LOCALLY KNOWN AS 5300-5304 GUADALUPE: 600 NORTH LOOP, FROM "A" RESIDENCE DISTRICT TO "B" RESIDENCE DISTRICT; (2) LOT 2, BATY SUBDIVISION, LOCALLY KNOWN AS 7401 RIVERSIDE DRIVE, FROM "A" RESIDENCE DISTRICT TO "LR" LOCAL RETAIL DISTRICT; (3) A 840 SQUARE FOOT TRACT OF LAND, LOCALLY KNOWN AS 7106 NORTH INTERSTATE HIGHWAY 35, FROM "C" COMMERCIAL, FIRST HEIGHT AND AREA DISTRICT TO "C" COMMERCIAL SECOND HEIGHT AND AREA DISTRICT; ALL OF SAID PROPERTY BEING LOCATED IN AUSTIN, TRAVIS COUNTY, TEXAS; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY Councilman Love moved the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance effective immediately. The motion, seconded by Councilman Nichols, carried by the following vote: _ CITY OF AUSTIN, TEXAS July 8, 1971 707 Ayes: Councilmen Love, Lebermann, Friedman, Handcox, Mayor Butler, Councilmen Dryden, Nichola Noes: None The Mayor announced that the ordinance had been finally passed. Mayor Butler introduced the following ordinance: AN ORDINANCE ORDERING A CHANGE IN HEIGHT AND AREA AND CHANGING THE HEIGHT AND AREA MAPS ACCOMPANYING CHAPTER 45 OF THE AUSTIN CITY CODE OF 1967 AS FOLLOWS: A 1,875 SQUARE FOOT TRACT OF LAND, LOCALLY KNOWN AS 810-818 EAST 7TH STREET 701 NORTH INTERSTATE HIGHWAY 35, FROM SECOND HEIGHT AND AREA DISTRICT TO THIRD HEIGHT AND AREA DISTRICT; SAID PROPERTY BEING LOCATED IN AUSTIN, TRAVIS COUNTY, TEXAS; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. Councilman Nichols moved the Council waive the requriement for three readings, declare an emergency and finally pass the ordinance effective immediately. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Lebermann, Handcox, Mayor Butler, Councilmen Dryden, Noes: Councilman Friedman Nichols, Love The Mayor announced that the ordinance had been finally passed. Mayor Butler 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: LOTS 1 AND 2, SOUTH MEADOWS SUBDIVISION, LOCALLY KNOWN AS 505-509 EBERHART LANE, FROM "A" RESIDENCE DISTRICT TO "BB" RESIDENCE DISTRICT; SAID PROPERTY BEING LOCATED IN AUSTIN, TRAVIS COUNTY, TEXAS; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. 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 Dryden, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Mayor Butler, Councilmen Dryden, Nichols, Love Noes: Councilman Lebermann The Mayor announced that the ordinance had been finally passed. Mayor Butler 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 0.475 ACRE TRACT OF LAND, LOCALLY KNOWN AS 2001-2007 MONTOPOLIS DRIVE, 6301-6303 RIVERSIDE DRIVE, FROM "A" RESIDENCE DISTRICT TO "GR" GENERAL RETAIL DISTRICT; SAID PROPERTY BEING LOCATED IN AUSTIN, TRAVIS COUNTY, TEXAS; AND SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS: AND DECLARING AN EMERGENCY. _ CITY OF AUSTIN, TEXAS July 8, 1971 708 Councilman Nichols moved the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance effective imemdiately. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilman Handcox, Mayor Butler, Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Noes: None The Mayor announced that the ordinance had been finally passed. ANNEXATION ORDINANCE Mayor Butler introduced the following ordinance: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEXATION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 40 ACRES OF LAND, MORE OR LESS, SAME BEING OUT OF AND A PART OF THE J. C. TANNEHILL LEAGUE, IN TRAVIS COUNTY, TEXAS; WHICH SAID ADDITIONAL TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF AUSTIN, IN PARTICULARS STATEDDIN THE ORDINANCE. 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 Handcox, carried by the following vote: Handcox Ayes: Mayor Butler, Councilmen Dryden, Nichols, Love, Lebermann, Noes: Councilman Friedman The Mayor announced that the ordinance had been finally passed. REFUND CONTRACTS Mayor Butler introduced the following ordinance: AN ORDINANCE AUTHORIZING THE DEPUTY CITY MANAGER TO ENTER INTO A CERTAIN REFUND CONTRACT WITH SOMERSET WEST DEVELOPMENT COMPANY; AND DECLARING AN EMERGENCY. 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 Dryden, 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 AUTHORIZING THE DEPUTY CITY MANAGER TO ENTER INTO A CERTAIN REFUND CONTRACT WITH CAROLINE REALTY COMPANY; AND DECLARING AN EMERGENCY. ت 709 July 8, 1971 - CITY OF AUSTIN, TEXAS 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 Dryden, 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 AUTHORIZING THE DEPUTY CITY MANAGER TO ENTER INTO A CERTAIN REFUND CONTRACT WITH AUSTIN SAVINGS AND LOAN ASSOCIATION; AND DECLARING AN EMERGENCY. 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 Dryden, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None Mayor Butler announced that the ordinance had been finally passed. AGREEMENT MODEL CITIES & WWW Councilman Nichols moved the Council adopt a resolution authorizing an agreement between the Model Cities Department and the Water and Waste Water Department for water and sewer relocation necessitated by the street paving program in the Model Neighborhood. Total cost $69,720. The motion, seconded by Councilman Handcox, carried by the following vote: (All Model Cities funds) Ayes: Councilmen Dryden, Nihcols, Love, Lebermann, Friedman, Handcox, Mayor Butler Noes: None SPEED LIMIT Mayor Butler introduced the following ordinance: AN ORDINANCE AMENDING SECTION 21-41 OF THE AUSTIN CITY CODE OF 1967 80 AS TO SET THE MAXIMUM PRIMA FACIE SPEED ALONG AIRPORT BOULEVARD; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. 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 Dryden, carried by the following vote: Ayes: Councilmen Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler, Councilman Dryden Noes: None The Mayor announced that the ordinance had been finally passed. =CITY OF AUSTIN, TEXAS 710 July 8, 1971 THIRD READING PARADE ORDINANCE AMENDMENT Mayor Butler brought up the following ordinance for its third reading: AN ORDINANCE AMENDING CHAPTER 31 OF THE AUSTIN CITY CODE OF 1967 BY AMENDING SECTION 31-12 THEREOF BY DELETING PARAGRAPHS 8 AND 9 OF SAID SECTION 31-12, AND AMENDING OTHER PARAGRAPHS OF SECTION 31-12 IN ORDER TO CONFORM WITH SAID DELETIONS. Councilman Nichols moved the Council pass the ordinance through its third and final reading. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilmen Lebermann, Friedman, Handcox, Nichols Noes: Mayor Butler, Councilmen Love, Dryden The Mayor announced that the ordinance had been finally passed. BOW FISHING IN CITY LIMITS Mr. Sam Hoerster made a presentation in the interest of an ordinance allowing bow fishing within the City limits, stating that 90% of this sport would occur from 7:00 P. M. to 7:00 A. M. The members of the club are few and had been bow fishing until a Park Ranger interpreted the law as to include this sport under archery rather than under fishing. This interpretation rules out bow fishing in all of Lake Austin for 25 miles up the Lake. Mr. Hoerster stated the fish ermen did not shoot game fish, but gar, carp and the rough fish which have a ratio of 3 to 1 over game fish. He listed provisions of an ordinance in that the test of line would be 50 lb. or in excess; no one would shoot a fish with anything besides a fishing type arrow - which must be attached to the bow; no bow fishing would be done within 25 yards of any swimming; there would be. no bow fishing except between 7:00 P. M. and 7:00 A. M. The City Manager stated this might be an advantage in getting the gars out of the Lake. Most of the bow fishing is below the Mansfield Dam on Lake Austin, and in Barton Creek in the spring. Councilman Dryden moved the Council instruct that an ordinance be drawn up to allow these gentlemen to do this bow fishingiin accordance with the specifications outlined by Mr. Hoerster. The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Councilmen Nichols, Love, Lebermann, Friedman, Handcox, Mayor Butler, Councilmann Dryden Noes: None APPROPRIATION TO AUSTIN TRANSIT CORP. CONSIDERATION POSTPONED The consideration of authorizing the approrpiation to Austin Transit Corporation of $15,350.25 in accordance with the operating contract approved by City Council on March 26, 1971 was postponed until July 22nd, when representatives of Austin Transit Corporation will be present to discuss the bookkeeping concerned. CITY OF AUSTIN, TEXAS 711 July 8, 1971 TEMPORARY CLOSING OF STREETS-PARADE OF HOMES i Mayor Butler introduced the following ordinance: AN ORDINANCE TEMPORARILY CLOSING TO PUBLIC TRAVEL PORTIONS OF PEPPERTREE PARKWAY DEADWOOD DRIVE AND TALLOW TREE DRIVE, IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; FIXING THE DATE UPON WHICH CLOSING TO PUBLIC TRAVEL SHALL BECOME EFFECTIVE; SUSPENDING THE RULE REQUIRING THE READING OF AN ORDINANCE ON THREE SEPARATE DAYS AND DECLARING AN EMERGENCY. 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: Ayes: Councilmen Lebermann, Friedman, Handcox, Mayor Butler, Councilmen Nichols, Love Noes: None Abstain: Councilman Dryden The Mayor announced that the ordinance had been finally passed.. ITEM WITHDRAWN - WIGINTON The item of his request for the use of various neighborhood parks to conduct meetings with music, speeches, and distribution of literature and beverages was withdrawn at the request of Mr. Wiginton. USE OF TOWN LAKE GLASTRON Councilman Nichols moved the Council grant the request of Mr. Ernest J. Schmidt to use Town Lake from the Interregional Bridge to Congress Avenue during the afternoon hours of July 24th to July 28th, in accordance with the letter received from him. (Glastron Boat Company) The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Mayor Butler, Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilman Lebermann Noes: None AQUA FESTIVAL EVENTS Temporary Closing of Streets Mayor Butler introduced the following ordinance: AN ORDINANCE TEMPORARILY CLOSING TO PUBLIC TRAVEL PORTIONS OF RIVERSIDE DRIVE, DAWSON ROAD AND BOULDING AVENUE, IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; FIXING THE DATE UPON WHICH CLOSING TO PUBLIC TRAVEL SHALL BECOME EFFECTIVE; SUSPENDING THE RULE REQUIRING THE READING OF AN ORDINANCE ON THREE SEPARATE DAYS AND DECLARING AN EMERGENCY. Councilman Love moved the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance effective immediately. The motion, seconded by Councilman Nichols, carried by the following vote: CITY OF AUSTIN, TEXAS 712 July 8, 1971 Ayes: Councilmen Love, Lebermann, Friedman, Handcox, Mayor Butler, Councilmen Dryden, Nichols Noes: None The Mayor announced that the ordinance had been finally passed. Re-naming of Town Lake Councilman Nichols moved the Council grant the request of the Austin Aqua Festival Committee to change the name of Town Lake to "Festival Lake" during the Aqua Festival Activities. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilmen Lebermann, Friedman, Handcox, Mayor Butler, Councilmen Dryden, Nichols, Love Noes: None Parade Permit Councilman Nichols moved the Council grant the application from Austin Aqua Festival for a parade permit on August 6, 1971, from City Auditorium, north on South First Street, across Town Lake, east on West First Street to Congress, northon Congress to 11th Street - from 7:30 P. M. to 9:30 P. M. The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Mayor Butler, Councilmen Dryden, Noes: None. Nichols, Love, Lebermann Summary of Events Councilman Nichols moved the Council approve the list presented showing t the summary of events for the 1971 Aqua Festival as follows: Texas Water Ski Championships - July 31 and August 1 World Gas & Fuel Drag Boat Races- August 7 and 8 Southern Outboard Championship August 14 and 15 Twilight Land Parade - August 6 Water Parade - August 13 Motorcycle Races - August 15 The motion, seconded by Councilman Love, carried by the following vote: Ayes: Councilman Handcox, Mayor Butler, Councilmen Dryden, Nichols, Love, Lebermann, Friedman Noes: None It was noted that several City departments provide assistance through technical support and facilities preparation. A total of $22,000 is reflected in these departmental budgets in order to accomplish this assistance. 713 July 8, 1971 _ CITY OF AUSTIN, TEXAS Mr. Hatch stated the Austin Aqua Festival was a product of the Chamber of Commerce and the City of Austin; and the Chamber asked the Council continual ly for new ideas and concepts that any citizen might have to improve Austin's Festival, the largest festival in the Southwest. He urged the Council for any suggestions. YOUTH DEVELOPMENT IN CONNECTION WITH MODEL CITIES MR. RENE RAMIREZ Mr. Rene Ramirez outlined their services of providing children an opportunity to go to a summer camp. Since most of the children come from the Model Neighborhood area, his group had gone before the Model Cities Commission and had received approval of their application. Mr. Tony Ojeda, Executive Director, reported the Model Cities Commission approved this proposal, amended and expanded the Budget to include this program, not to exceed $20,000. He explained the manner in which this could be administered through the Recreation Department, which could add 200 children from the Model Neighborhood area who are not attending any summer camps. Councilman Nichols moved the Council institute the program. The motion, seconded by Councilman Love, carried by the following vote: Ayes: Mayor Butler, Councilmen Dryden, Nichols, Lebermann, Handcox Noes: None Not in Council Chamber when Roll was called: Councilman Friedman COMMISSIONS & COMMITTEES Then Mayor Butler stated he was compiling a list of names, not only for nominees for the Tax Commission, but for vacancies on other boards and commissions, on which the Council would have to make replacements. REPORT OF INCIDENT PENDING COURT HEARING Mr. Gonzalo Barrientos, speaking as the Regional Director for the U. S. Catholic Convention Division for the Spanish Speaking People, and for many others, made an official statement regarding the death of the Lara youth Sunday morning. A hearing will be held in Judge Dear's Court, Friday, at 2:00 P. M., and the group will wait until the investigation before it requests action Mayor Butler asked Mr. Barrientos how he would suggest such incidents should be handled. The Human Relations Commission does not want to be involved with this type of activity as it may affect its credibility with those it ser ves. Many say such incidents should go to the Grand Jury. Mr. Barrientos' response was that each invididual as an individual and is a member of any ruling body should take a high interest in each particular case. Councilman Handcox stated the members of this Council are in sympathy with concerns of alleged police brutality, and he for one, would like to give it his full attention. Councilman Love suggested that Mr. Barrientos and his associe ates think about this matter in depth and bring the Council their strongest recommendation. Mr. Barrientos stated they would do that working with the Council, Human Relations Commission and other governing bodies. Mr. Hernandez asked for better training for the policemen. _ CITY OF AUSTIN, TEXAS July 8, 1971 714 Mayor Butler stated it was the Council's obligation to look into these matters, and it had an equal obligation when the Police Officer was right, that he should be supported just as he would be reprimanded should he be in the wrong. PORTRAITS OF COLONEL ZILKER A communication was received from Mrs. Alden Davis, requesting an appearance before the Council to present to the Council and to the City portraits of Colonel Zilker to be placed in the Garden Center. This matter was scheduled for the following week, July 15th, 1971. EXECUTIVE SESSION At 11:00 A. M., the Council went into Executive Session with the City Attorney regarding the Gas Rate Report. LOG CABIN PLACEMENT The Recreation Director, Mr. Beverly Sheffield, stated they had an old log cabin, which the Rosewood Recreation Association and Sorority had petitioned to be located at Rosewood Park to be used as a very small museum to house artifacts and mementos of the history of the negro heritage in Austin. The groups would maintain the Museum part and collect the items. The City Manager recommended that the cabin be erected at the Rosewood Park, between Rosewood Avenue, Chestnut, and the proposed Pleasant Valley Road. The original owner, Mrs. Greenwood Wooten, had approved of this project. Councilman Handcox stated that there was a lot of interest in the community for this kind of thing, and many had dedicated themselves to find objects and to put together a formal black history. Councilman Love moved the Council approve the project and the location. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Mayor Butler, Councilmen Dryden, Nichols, Love, Lebermann, Friedman, Handcox Noes: None GORDON NEELLEY C14-71-078 ZONING HEARD AND GRANTED 1624-A Barton Springs Road From "C" Commercial Second Height and Area To "C-2" Com- mercial Second Het- ght and Area RECOMMENDED by Planning Commission The Director of Planning gave a resume of the area which is zoned "C" Commercial with nonresidential developments, one of which is a mobile home park. The "C-2" Commercial zoning would permit lounges, taverns, and package stores. Mr. Ralph Daugherty, Attorney, represented Mr. Neeley and stated the property was operated as a mobile home park in the area where there were _ CITY OF AUSTIN, TEXAS July 8, 1971 715 liquor stores, a lounge and a drive-in selling beer. Mr. Neeley wants to use this lot for a package store not a bar. Strong opposition was expressed by Mr. Hume Cofer, representing Mrs. John Lynn Scott, and speaking for 14 other people who were opponents. He filed a petition signed by a sufficient number of property owners to require six votes by the Council. His opposition was hased on the "C2" which would permit a bar; that the maps provided were inaccurate, and that a letter of opposition was not considered. As an amendment to the zoning ordinance, this change of zoning does not meet the provisions for public need, safety, general welfare, etc. Policing Zilker Park is troublesome now. A liquor store at the entrance would be a further burden to enforcement. Mrs. Scott operates a green house so hear the site it would be vulnerable to vandalism. Mr. Daugherty said Mr. Neeley offered to build a gate so as to protect the property, but Mr. Cofer declined to accept the gate. Councilman Love moved the Council grant the change from "C" Commercial Second Height and Area to "C-2" Commercial Second Height and Area as recommended by the Planning Commission with the restrictive covenant that there be a gate. The motion, seconded by Councilman Lebermann, 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 and the City Attorney was instructed to draw the necessary ordinance to cover. ADJOURNMENT Councilman Dryden moved the Council adjourn at 3:30 P. M. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Love, Lebermann, Handcox, Mayor Noes: Butler None Not in Council Chamber when Roll was called: Councilman Friedman APPROVED: ATTEST: Blain Wovolen Rey Butler Mayor City Clerk