) : CITY OF AUSTIN. TEXAS: MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting January 06, 1972 10:00 Α.Μ. Council Chambers, City Hall › The meeting was called to order with Mayor Pro-Tem Love presiding as Mayor Butler was out of the City. Roll call: Present: Councilmen Dryden, Nichols, Friedman, Handcox, Mayor Pro-tem Absent: Love Councilman Lebermann and Mayor Butler The Invocation was delivered by REVEREND CARL L. W. ISRAEL, Grace Methodist Church. APPROVAL OF MINUTES Councilman Handcox moved the Council approve the Minutes of the Regular Meetings of December 21 and December 28, 1971. The motion, seconded by Councilman 'Friedman, carried by the following vote: Ayes: Noes: Councilmen Dryden, Nichols, Mayor Pro-tem Love, Councilmen Friedman, Handcox None Absent: Councilman Lebermann, Mayor Butler ZONING HEARINGS The Mayor announced that it was 10:00 A.M., and the Council would hear the zoning cases scheduled for public hearing at this time. The Director of Planning, Mr. Dick Lillie, reviewed each case, locating them in the area, describing the uses of surrounding properties, and adequacy of streets. H. E. B. GROCERY CO. By John Selman C14-71-250 4816-5000 Turner Dr. 6834-6924 Ed Bluestein Boulevard From Interim "A" Residence, First Height and Area To "GR" General Retail, First Height and Area RECOMMENDED by the Planning Commission 1 2 CITY OF AUSTIN, TEXAS January 6, 1972 ! 1 ↓ C Councilman Dryden moved the change be granted to "GR" General Retail, First Height and Area as recommended by the Planning Commission. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Noes: Mayor Pro-tem Love, Councilmen Friedman, Handcox, Dryden None Absent: Councilman Lebermann, Mayor Butler Present, but not voting: Councilman Nichols The Mayor Pro-tem announced that the change had been granted to "GR" General Retail, First Height and Area, and the City Attorney was instructed to draw the necessary ordinance to cover. P FRANK SIFUENTEZ C14-71-253 903 Montopolis Dr. From "A" Residence To "B" Residence RECOMMENDED by the Planning Commission Councilman Nichols moved the change be granted to "B" Residence as recommended by the Planning Commission. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Noes: Councilmen Friedman, Handcox, Dryden, Nichols, Mayor Pro-tem Love Absent: Councilman Lebermann, Mayor Butler None The Mayor Pro-tem announced that the change had been granted to "B" Residence, and the City Attorney was instructed to draw the necessary ordinance to cover. W. H. COLLINS & JIMMY D. PACE C14-71-255 2200 San Antonio St. From "B" Residence, Second Height and Area To "0" Office, Second Height and Area RECOMMENDED by the Planning Commission Councilman Nichols moved the change be granted to "O" Office, Second Height and Area as recommended by the Planning Commission. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Noes: ! Councilmen Handcox, Dryden, Nichols, Mayor Pro-tem Love, Councilman Friedman None Absent: Mayor Butler, Councilman Lebermann C i C ردر 3 CITY OF AUSTIN, TEXAS January 6, 1972 The Mayor Pro-tem announced that the change had been granted to "0" Office Second Height and Area, and the City Attorney was instructed to draw the necessary ordinance to cover. LEATHA E. ARNOLD By Mrs. Frank Stewart C14-71-282 3004-3008 So. 1st St. From "A" Residence To "LR" Local Retail RECOMMENDED as amended by the Planning Commission Councilman Nichols moved the change be granted to "LR" Local Retail as recommended by the Planning Commission. The motion, seconded by Councilman Dryden, carried by the following vote: Councilmen Dryden, Nichols, Mayor Pro-tem Love, Councilmen Friedman, Ayes: Noes: Handcox None Absent: Mayor Butler, Councilman Lebermann The Mayor Pro-tem announced that the change had been granted to "LR" Local Retail, and the City Attorney was instructed to draw the necessary ordinance to cover. LEROY BEDNAR C14-71-284 4109 Marathon Blvd. From "A" Residence To "0" Office RECOMMENDED by the Planning Commission Councilman Nichols moved the change be granted to "0" Office as recommended by the Planning Commission. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Noes: Councilman Nichols, Mayor Pro-tem Love, Councilmen Friedman, Handcox, Dryden None Absent: Mayor Butler, Councilman Lebermann The Mayor Pro-tem announced that the change had been granted to "0" Office, and the City Attorney was instructed to draw the necessary ordinance to cover. IRVING DOCHEN C14-71-288 4105 Bellvue Ave. From "A" Residence To "0" Office RECOMMENDED by the Planning Commission ! C C CITY OF AUSTIN, TEXAS January 6, 1972 Councilman Nichols moved the change be granted to "0" Office as recommended by the Planning Commission, The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Mayor Pro-tem Love, Councilmen Friedman, Handcox, Dryden, Nichols Noes: None Absent: Mayor Butler, Councilman Lebermann The Mayor Pro-tem announced that the change had been granted to "0" Office and the City Attorney was instructed to draw the necessary ordinance to cover. ROBERT C. JORDAN By Virginia Dinan C14-71-289 4109 Bellvue Ave. From "A" Residence To "0" Office RECOMMENDED by the Planning Commission Councilman Friedman was concerned about converting Marathon and Bellvue into Burnet Road, as they were trying to control this area. It was stated the area is zoned for Commercial all the way to 38th Street. Mr. Lillie, Director of Planning, pointed out two lots were off Medical Parkway and had already been zoned on both sides. Mr. Lillie said there was no zoning in the interior of this neighborhood, and the zoning pattern is being observed. 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: Noes: Councilmen Handcox, Dryden, Nichols, Mayor Pro-tem Love, Councilman Friedman None Absent: Mayor Butler, Councilman Lebermann The Mayor Pro-tem announced that the change had been granted to "0" Office, and the City Attorney was instructed to draw the necessary ordinance to cover. TERRELL TIMMERMANN By John Selman C14-71-292 601 Frahklin Blvd. 5306-5310 Guadalupe Street To From "A" Residence "B" Residence RECOMMENDED by the Planning Commission subject to 5' r-o-w on Franklin. Councilman Dryden referred to a prior zoning case on North Lamar, stating between Burnet Rd. and North Lamar, the same problem would be facing the Council before too long, and emphasized that Guddalupe and Franklin are strategic areas. Mr. Dick Lillie, Planning Director, reported that the staff was making some area studies which C C C CITY OF AUSTIN, TEXAS 5 January 6, 1972 will be submitted to the Commission. The best zoning for this older area should be studied and determined. The staff recommended against the zoning, as it is spreading to the interior of the neighborhood. Mr. Selman pointed out the zoning is already in effect surrounding this tract. Mr. Lillie stated there were 30 lots along Guadalupe of which only seven are zoned "B" Residence, from 51st to Koenig Lane. Councilman Nichols moved the change be granted to "B" Residence as recommended by the Planning Commission subject to 5' r-o-w on Guadalupe & 5' r-o-w on Franklin. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Noes: Mayor Pro-tem Love, Councilmen Lebermann, Handcox, Dryden, Nichols Councilman Friedman Absent: Mayor Butler The Mayor Pro-tem announced that the change had been granted to "B" Residence as recommended by the Planning Commission subject to 5' r-o-w on Guadalupe & 5' r-o-w on Franklin, and the City Attorney was instructed to draw the necessary ordinance to cover. THE QUINCY LEE COMPANY By Richard Baker C14-71-293 6201-6415 Springdale Road From Interim "A" Residence, First Height and Area To "B" Residence First Height and Area RECOMMENDED by the Planning Commission subject to a 50' building setback from the east boundary line, unless the easement for Little Walnut Creek exceeds 50', a west building set- back line based on align- ment of the Crosstown Expressway (Springdale Road) Mr. Dick Baker stated there was an understanding with the Director of Planning that they could come up with a setback on the alignment of the future cross-town expressway, and they could go ahead and file a covenant and proceed with construction, agreeing to a 50' setback irrespective of the drainage area on Walnut Creek, pending completion of topographic surveys. Councilman Nichols moved the change be granted to "B" Residence, First Height and Area as recommended by the Planning Commission subject to a 50' building setback from the east boundary line, unless the easement for Ligtle Walnut Creek exceeds 50', a west building setback line hased on alignment of the Crosstown Expressway (Springdale Rodd). The motion, seconded by Councilman Dryden, carried by the following vote: C C C C 6 CITY OF AUSTIN, TEXAS: January 6, 1972 Ayes: Noes: Councilmen Lebermann, Friedman, Handcox, Dryden, Nichols, Mayor Pro-tem Love None Absent: Mayor Butler The Mayor Pro-tem announced that the change had been granted to "B", First Height and Area subject to a 50' building setback from the east boundary line, unless the easement for Little Walnut Creek exceeds 50', a west building setback line based on alignment of the Crosstown Expressway (Springdale Road), and the City Attorney was instructed to draw the necessary ordinance to cover. HARRY PETERSON By Phil Mockford C14-71-285 8729-8923 Burnet Road 9004-9049 U. S. Hwy. 183 From Interim "A" Residence, First Height and Area Το "DL" Light Industrial, Third Height and Area NOT recommended by the Planning Commission RECOMMENDED "DL" Light Industrial, Second Height and Area subject to a building setback line on Research Blvd. (Hwy 183) and Burnet Road based upon the future alignment of these two major arterial streets. Mr. Lillie, Director of Planning, reported plans were being made by the Highway Department for a grade separation at this intersection. A tentative right-of-way alignment would have to be obtained from the Highway Department. The City Manager, Mr. Andrews, stated the City could help work this out with Mr. Mockford. Mr. Mockford stated the applicant was will to accept the "DL" Light Industrial, Second Height and Area. Councilman Nichols moved the change be granted to "DL" Light Industrial, Second Height and Area, as recommended by the Planning Commission subject to a building setback line on Research Blvd. (Hwy 183) and Burnet Road based upon the future alignment of these two major arterial streets and Mr. Mockford's contacting the Highway Department, and that he could bring it back for formal action. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Noes: Councilmen Handcox, Dryden, Nichols, Mayor Pro-tem Love, Councilman Lebermann None Absent: Mayor Butler Not in Council Room when Roll was called: Councilman Friedman The Mayor Pro-tem announced that the motion had been granted, and City Attorney was instructed to draw the necessary ordinance to cover. CITY OF AUSTIN, TEXAS January 6, 1972 ว هم U Zoning Procedures - Establishing_Time Limits_ The City Manager discussed the procedure as a policy to determine how long a petitioner for change in zoning would have to comply with the regulations stipulated by change of zoning. Generally it was discussed for about six months; but at the end of six months if the conditions were not in compliance, the petttioner would be asked to give his intent, and how much time he would need. The Council then would decide as to any additional time. Councilman Nichols stated as long as the applicant is notified and can return to the Council for action, that is fair and proper. Councilman Nichols moved the Council vote to establish this policy as discussed. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Noes: Councilmen Dryden, Nichols, Mayor Pro-tem Love, Councilmen Friedman, Handcox None Absent: Mayor Butler, Councilman Lebermann This policy is to apply to the old cases as well as the new -- the applicant to be notified and he returns to the Council as to what he can.do. THOMAS B. GUNTER C14-71-281 2001-2005 Anderson Lane 7814-7824 Hardy Drive From "A" Residence To "0" Office RECOMMENDED by the Planning Commission subject to 5' r-o-w on Anderson, 5' r-o-w on Hardy and a 6' privacy fence on the south boundary. Mr. Gunter was agreeable to the 5' rights-of-way on Anderson Lane and Hardy Drive, in addition to a six foot privacy fence on the south boundary; however, the 5' would put the base of the house within a foot of the street. The City Attorney explained that Mr. Gunter could sign an agreement concerning the fence, and a restrictive covenant that he would maintain the fence, and file these prior to the time the Council would act on the ordinance. Councilman Nichols moved the change be granted to "0" Office as recommended by the Planning Commission subject to 5' r-o-w on Anderson, 5' r-o-w on Hardy and a 6' privacy fence on the south boundary. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Mayor Pro-tem Love, Councilmen Noes: Lebermann, Friedman, Handcox None Absent: Mayor Butler The Mayor Pro-tem announced that the change had been granted to "D" Office as recommended by the Planning Commission, and the City Attorney was instructed to draw the necessary ordinance to cover. C i C C CITY OF AUSTIN, TEXAS January 6, 1972 JOE M. MILICIA By Estella White C14-71-287 Zoning Benied 2208 E. 13th St. 1300-1304 Chestnut St. From "A" Residence To "B" Residence RECOMMENDED by the Planning Commission subject to an occupancy restriction to 4 persons only; a restrictive covenant for the proposed use, with the property to revert to "A" if this use is discontinued, and sub- ject to 10' r-o-w on Chestnut, 5' r-o-w on 13th Street. She Mrs. Cecil B. Moore and other expressed opposition to this zoning, as they did not want any more convalescent homes in the area. read her letter of protest. After discussing the proposed use, and the long-time residential area, Councilman Nichols moved the change to "B" Residence be denied. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Noes: Absent: Councilman Nichols, Mayor Pro-tem Love, Councilmen Lebermann, Handcox, Dryden Councilman Friedman Mayor Butler The Mayor Pro-tem announced that the zoning had been denied. DAVID B. BARROW, SR. By Jeryl D. Hart C14-71-238 Zoning Postponed Tract 1 7835-7919 Mesa Dr. Tract 2 7921-8009 Mesa Dr. Trace 8 7834-7938 Mesa Dr. From Interim "A" Residence, First Height and Area Tract 1: Το "BB" Residence, RECOMMENDED by the Planning Commission restricted to 12 units per acre Tract 2: To "B" Residence, First Height and Area RECOMMENDED by the Planning Commission Tract 3: To "B" Residence, First Height and Area NOT Recommended by the Planning Commission RECOMMENDED "BB" Residence, First Height and Area restricted to 12 units per acre 1 ว C CITY OF AUSTIN, TEXAS 7 January 6, 1972 Tract 4 4101-4131 Spicewood Springs Road 7940-8044 Mesa Dr. Tract 5 8011-8045 Mesa Dr. 4021-4059 Spicewood Springs Road Tract 4: To "GR" General Retail, First Height and Area NOT Recommended by the Planning Commission RECOMMENDED "LR" Local Retail, First Height and Area with 64' buffer of "B" Residence, First Height and Area on the west of Tract 4. Tract 5: To "GR" General Retail, First Height and Area NOT Recommended RECOMMENDED "LR" Local Retail, First Height and Area with 64' buffer of "B" Residence, First Height and Area on the east of Tract 5 excluding the fire station tract. This recommendation is subject to a privacy fence between the "BB" Residence & "A" Residence zoning. Mr. Irwin Salmanson, representing Northwest Austin Civic Association, appeared in opposition to this zoning on Spicewood Springs Road and Mesa Drive, and asked for a hearing before the full Council, thus a postponement for two weeks. Mr. David Barrow stated this application had been postponed two different times at the request of these people, to give them an opportunity to adjust the matter in an acceptable manner. Councilman Dryden pointed out this was the first time this case had come before the Council. Councilman Friedman moved the Council postpone this zoning application. until 11:00 A.M. January 20th. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilman Nichols, Mayor Pro-tem Love, Councilmen Friedman, Noes: Handcox, Dryden None Absent: Mayor Butler, Councilman Lebermann CONTRACTS AWARDED Councilman Nichols moved the Council adopt a resolution awarding the following contract: AUSTIN ENGINEERING COMPANY (Austin, Texas) - For Wilson Street Easement Storm Sewer from Alpine Road southerly to approximately 325 feet south of Pickle Road, Con- tract No. 71-Db-132- $14,802.80. Partici10 CITY OF AUSTIN, TEXAS January 6, 1972 pation Agreement: City's cost - $9,184.39, Property Owners' cost - $5,618.41.(20 working days for completion; Engineer's estimate -$14,795.56; Capital Improvement Program) The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Noes: Councilmen Handcox, Dryden, Nichols, Mayor Pro-tem Love, Councilman Lebermann None Absent: Mayor Butler Not in Council Room when Roll was called: Councilman Friedman Councilman Nichols moved the Council adopt a resolution awarding the following contract: DEXTER L. SIMONS CO. (Austin, Texas) - For Fort Branch Boulevard storm sewer, from Culvert 190' south of Meander Drive, North 300', then west 155' in Lott Avenue Easement No. 2, Contract No. 71-Db-128 - $7,620.00. Participation Agreement: City's cost - $6,690.60, Property Owners' cost $929.40. (20 working days for completion; Engineer's estimate - $9,300.00; Capital Improvement Program) The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Mayor Pro-tem Love, Councilmen Noes: Lebermann, Handcox None Absent: Mayor Butler Not in Council Room when Roll was called: Councilman Friedman Councilman Nichols moved the Council adopt a resolution awarding the following contract: H & H CONCRETE CON- STRUCTION COMPANY (Austin, Texas) - For installation of approximately 1189 linear feet of 48" prestressed concrete cylinder water pipe, and 334 linear feet of 20" concrete cylinder water main and appurtenances in Old U. S. Highway 183 and Loop 360 Intersection - $222,731.00. (120 working days for completion; City's estimate $312,967.00; Capital Improve- ment Program) The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilman Nichols, Mayor Pro-tem Love, Councilmen Lebermann, Noes: Friedman, Handcox, Dryden None Absent: Mayor Butler C ว 11 CITY OF AUSTIN, TEXAS January 6, 1972 Councilman Nichols moved the Council adopt a resolution awarding the following contract: AUSTIN ENGINEERING COMPANY (Austin, Texas) For relocation and installation of ap- proximately 2,805 linear feet of 8-inch water mains and 3,060 linear feet of 6- inch water mains and appurtenances at Loop 360 West at the intersection of Creekbluff Drive and Spicewood Springs Road $56,468.40. (90 working days for completion; City's estimate $73,115.50; Capital Improvement Program) The motion, seconded by Councilman Handcox, carried by the following vote: Mayor Pro-tem Love, Councilmen Lebermann, Friedman, Handcox, Ayes: Dryden, Nichols Noes: None Absent: Mayor Butler Councilman Handcox moved the Council adopt a resolution awarding the following contract: BESCO, INC. (Austin, Texas) - For 16 each 1350 KVAR and 23 each 900 KVAR, 7.2 Cluster Mounted Capacitor Bank, with 150 KVAR Capacitors (Items 3 & 4) $64,153.00. - The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Councilmen Lebermann, Friedman, Handcox, Dryden, Nichols, Mayor Noes: Pro-tem Love None Absent: Mayor Butler Councilman Nichols moved the Council adopt a resolution awarding the following contracts: (1) WALKER TIRE CO. (Austin, Texas) (2) AUSTIN GOODYEAR co. (Austin, Texas) (3) B. F. GOODRICH co. (Austin, Texas) For Twelve (12) months Supply Agreement on Tires and Tubes: - Various tire and tube sizes as indicated on bid tabulation - $114,062.50; - Various tire and tube sizes as indicated on bid tabulation - $33,228.02; - Various tire and tube sizes as indicated on bid tabulation - $968.16. The motion, seconded by Councilman Dryden, carried by the following vote: ว C 12 CITY OF AUSTIN, TEXAS January 6, 1972 Councilmen Friedman, Dryden, Nichols, Mayor Pro-tem Love, Councilman Lebermann Ayes: Noes: None Absent: Mayor Butler Not in Council Room when Roll was called: Councilman Handcox Councilman Nichols moved the Council adopt a resolution awarding the following contract: IBM (IBM and Dictaphone both met specifications. However, IBM is low qualified bidder) - Police Automated Report Transcribing System: Error-Correcting and Recording Typewriters $31,500.00: Recording and Transcribing System $9,940.00. The motion, seconded by Countilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Mayor Pro-tem Love, Councilmen Noes: Lebermann, Friedman None Absent: Mayor Butler ) PAYMENT - AUSTIN TRANSIT Councilman Nichols moved the Council adopt a resolution authorizing payment to Austin Transit Corporation for transit service during the month of November in the amount of $12,092.72. The motion, seconded by Councilman Dryden, carried by the following vote: Councilman Nichols, Mayor Pro-tem Love, Councilmen Lebermann, Friedman, Handcox, Dryden Ayes: Noes: None Absent: Mayor Butler EMINENT DOMAIN PROCEEDINGS Councilman Nichols moved the Council adopt a resolution authorizing eminent domain proceedings for right-of-way for MoPac Boulevard on 2100 Winsted Lane. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Mayor Pro-tem Love, Councilmen Lebermann, Friedman, Handcox, Dryden, Nichols None Absent: Mayor Butler Noes: Councilman Nichols moved the Council adopt a resolution authorizing eminent domain proceedings for right-of-way for MoPac Boulevard on 2102 Winstead Lane. The motion, seconded by Councilman Dryden, carried by the following vote: ) C CITY OF AUSTIN, TEXAS January 6, 1972 Ayes: Noes: Mayor Pro-tem Love, Councilmen Lebermann, Friedman, Handcox, Dryden, Nichols None Absent: Mayor Butler Councilman Nichols moved the Council adopt a resolution authorizing eminent domain proceedings for right-of-way for MoPac Boulevard on 4906 Westfield Drive. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes; Noes: Mayor Pro-tem Love, Councilmen Lebermann, Friedman, Handcox, Dryden, Nichols None Absent: Mayor Butler ANNEXATION HEARING It being 2:00 P.M., Mayor Pro-tem Love opened the hearing scheduled for this time on annexations. No one appeared to participate in the hearing. Councilman Nichols moved to close the hearing and direct the administration to institute annexation proceedings to annex the following: 13.61 acres of land out of the Theodore Bissel League - THE VILLAGE, SECTION FOUR, and a portion of First Resubdivision of Lots 11-14 of Block A, THE VILLAGE, SECTION TWO. 6.11 acres of land out of the John Applegait Survey - WINDSOR HILLS, SECTION FIVE. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Noes: Councilman Nichols, Mayor Pro-tem Love, Councilmen Lebermann, Handcox, Dryden None Absent: Mayor Butler Not in Council Room when Roll was called: Councilman Friedman CITY CODE AMENDED CHAPTER 11 Mayor Pro-tem Love introduced the following ordinance: AN ORDINANCE AMENDING CHAPTER 11 OF THE AUSTIN CITY CODE OF 1967 BY ADDING THERETO, ARTICLE III, ENTITLED, "OFFSET TO DEBTS AGAINST CITY"; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. Councilman Handcox moved the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance effective immediately. The motion, seconded by Councilman Lebermann, carried by the following vote: 13 C ) C C -CITY OF AUSTIN, TEXAS January 6, 1972 Ayes: Noes: Councilmen Lebermann, Friedman, Handcox, Dryden, Mayor Pro-tem Love None Absent: Mayor Butler Not in Council Room when Roll was called: Councilman Nichols The Mayor Pro-tem announced that the ordinance had been finally passed. ZONING ORDINANCE Mayor Pro-tem Love 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 14 AND 15, BLOCK 2, HYDE PARK ANNEX, LOCALLY KNOWN AS 4501-4503 AVENUE F; 200-202 EAST 45TH STREET, FROM "A" RESIDENCE DISTRICT TO "B" 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. (H. E. Henson--C14-71-125) Councilman Handcox 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, Dryden, Mayor Pro-tem Love, Noes: Councilman Lebermann None Not in Council Room when Roll was called: Councilman Nichols The Mayor Pro-tem announced that the ordinance had been finally passed. CASWELL TENNIS CENTER Councilman Lebermann said this was an opportune time, as he had discussed earlier that he wanted to make a recommendation, and he then moved that the Manager's Office and the appropriate department heads be requested to make a thorough, going study of this independent contractor situation, most particularly in the area of recreational concerns golf pros, tennis pros, and the like and come back to the Council with recommendations. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Noes: - -- Councilmen Lebermann, Handcox, Dryden, Nichols, Mayor Pro-tem Love None Absent: Mayor Butler Not in Council Room when Roll was called: Councilman Friedman Councilman Lebermann was of the opinion this was a cloudy area, and one that needs firming up. 14 CCC 15 CITY OF AUSTIN, TEXAS January 6, 1972 NOMINATING COMMITTEE FOR CITY RETIREMENT BOARD : Councilman Nichols stated the City Council is to select a certain number of employees to be on the Nominating Committee to neminate City employees to be elected by employees for places on the Retirement Board. After an Executive Session, Mayor Pro-tem Love announced the Nominating Committee for City Retirement Board as follows: Lt. Alvin DeVane, Police Department (Chairman) Phil Morgette, Director of Personnel - Jim Lumpkin, Brackenridge Hospital - Assistant Laundry Manager Milton Gooden, Parks and Recreation Department Park Grounds District Foreman Jan Kubicek, Assistant City Attorney (Transferred to Model Cities) MASTER PLAN HEARING At 2:00 P.M., Mayor Pro-tem Love opened the hearing on changing the Austin Development Master Plan on approximately five acres, located in northwest Austin, along South Meadows Drive and Prairie Trail at Newmont Road from Low Density Residential to Commercial Services and Semi-Industrial Development. Mr. Dick Lillie, Director of Planning, presented the request describing the area, and the existing uses, and reporting that utilities are on the property. No one made an appearance to discuss this change in the Master Plan. After discussion, Councilman Nichols moved the Council adopt a resolution to change the Austin Development Master Plan on approximately five acres of land located in northwest Austin, along South Meadows Drive and Prairie Trail at Newmont Road from Low Density Residential to Commercial and Semi-Industrial on Lots 14, 15, and 16 of North Meadows Addition, properties belonging to Lee Holder and K. R. Henderson. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Mayor Pro-tem Love, Councilman Noes: Lebermann None Absent: Mayor Butler Present, but not voting: Councilman Handcox Not in Council Room when Roll was called: Councilman Friedman COST: REVENUE ANALYSIS FOR COUNCIL CONSIDERATION Mr. Andrews, City Manager, following through with the Council request that each activity of the City be given a cost analysis inspection,, presented a report on the Building Inspection Department. At this time, he asked the Council for a general statement of policy, rather than making changes until a thorough detailed analysis is presented to the Council. Discussion was held on the possibilities through the Pricing Board. In discussing the premissable increases, he stated the Building Inspection Department would like to raise these fees or bring the ordinance back to Council for increasing fees to be considered at a later date. As to Brackenridge Hospital, he would ask for authority to raise the charges 6% and come back and later, after clearing through Federal regulations and Federal officers, to raise the additional needed. 16 CITY OF AUSTIN, TEXAS January 6, 1972 Building Inspection Mr. Dick Jordan reviewed the analysis of the Building Inspection Department, and discussion by the Council was held. Discussions were held on the possibilities through the Pricing Board. Also after Mr. Dick Jordan, Building Official, reviewed the analysis of the Building Inspection Department, discussion was held on the present status of Austin fees compared to those in other cities, showing Austin low in some instances and leading in others. The City Manager explained the electrical permits would not need adjusting as they are over covering the costs; but on the other hand, to bring plumbing permit fees to their proper levels, it would take a 20% increase. He stated an ordinance would be brought back to the Council in detail of exact fees, for the Council's final determination. Mayor Pro-tem Love noted a broad latitude in these fees. Mr. Jordan explained, as an example, charges on appeals to the Board of Adjustment are $5.00, while advertising these cases in the paper costs $79.00. Their suggestion was increasing the fee from $5.00 to $25.00. Mayor Pro-tem Love agreed that goods and services should stand on their own, and not depend on another source to cover a deficiency. Mr. Jordan was asked to come back with a more clear picture of what the cost factor is in regards to the various areas so that the Council could review them again. The City Manager stated this would be in a fee schedule in such form that the Council could take whatever action it desired. It seemed to be the Council's desire to move in the direction of "costing out" the actual costs. Councilman Lebermann agreed. ) ) Brackenridge_Hospital Councilman Lebermann wanted the hospital raises handled in the same way as other services fee raises, and he wanted all the supportive material before the Council with a prepared ordinance, so the Council could see the cost accounting figures on the hospital on a departmental basis, room basis, and the like. He observed patients from a similar hospital are picking up the deficit, along with the City and County. The City Manager stated in Austin, it was not the purpose for a paying patient to pay any more than his cost, nor any part of the welfare cost. Councilman Lebermann referred to the Hospital Budget, as to recent raises, amounting to $900,000 in budgeted cost; but off-setting that, the revenues were estimated at $900,000. The salaries have been given, but the revenue has not been changed. The City Attorney, Mr. Don Butler, gave a report on the price increase, stating the 6% would be permissible, but anything over that would require an exception from the State Advisory Board, along with a justification. He stated the Council could go immediately to the 6% by a simple notification, but still subject to a cut back. There are specific rules on going above the 6%. Councilman Lebermann, noting the recommended nursery fee - pediatric fee was from $22.00 to $32.00 a day, asked if that were in line as such a fee would place Brackenridge Hospital substantially above other hospitals in the region. He inquired about a categorical break-down between healthy babies and those requiring special equipment and care. C CCC C C CITY OF AUSTIN. TEXAS 17 January 6, 1972 Mr. Bill Brown, Hospital Administrator, said at the end of September, 1971, the nursery had accumulated 9,748 days, with a pay per patient day of $22.02. The audit indicated the cost per nursery day was $27.36, or a loss of $5.34 per day. A review of the nursery was discussed as to intensive care, noting there were not many babies needing such care; and those that may, would be treated in an isolette. His recommendation was a fee of $32.00 per day, on a calculation of cost of $28.97. He discussed Brackenridge in its roll in the growing inflationary tendency of the country, without having had an increase since February 1970. He discussed its position in open heart surgery and kidney transplants, and as a communtiy hospital, a City-owned facility. He emphasized that charges be made on the costs. Because of the responsibility of this hospital, he indicated that the 13.3% requested is valid, as hospital costs have increased through- out the United States. The City Manager stated Mr. Brown had properly pro-rated cast and increases based on actual cost. If they had to pro-rate each of these back to a 6% as against 13%, it would mean that the item under discussion in the nursery, instead of going to $32.00 would go to about $26.75. It would still be under known cost. Mr. Brown outlined briefly the steps that had to be taken through the various governmental entities, stating it would be necessary from here on to depend on Mr. Butler's efforts for clearance, but they have been told that Austin would be given prompt attention at the request of the City of Austin, and he emphasized the feasibility to adjust costs and to keep the charges in basis as possible, and he was able to justify their position. Mayor Pro-tem Love noted the private patient was billed 13% less than actual cost. The U. S. Cost of Living Council indicates that 6% increases in hospital charges are permissible, and that is what the Council had been advised it could do now. They may be rolled back, but now the 6% can stand. He further noted there is a recommendation from the City Manager and perhaps the City Attorney for the Council to authorize a 13.3% increase now, from a Council standpoint to break even. The City Manager recommended that the Council approve the factors that it takes 13% to break even, to authorize them to proceed at once with the 6%, and to make application for the difference. He referred to Councilman Lebermann's valid point that the Hospital would not break even if the whole 13% were available, as the City would still have the indigents and uncollectibles, but it would bring the private patients' charges to a break-even point. With the 13%, the Budget would come out as indicated, in that there would be received $4,000,000 less than was paid out. If only 6% were approved, that would be another $400,000 loss. Mr. Brown added the generation of the 13.3% would be about $1,452,000 but being realistic in the current collection picture in the sick-poor of the community, this amount would generate down to about $941,000. Councilman Dryden realizing since the salary increase, that rates in general would have to be increased, pointed out many patients are paying $45.00 for a room; and when the baby is born, they pay $77.00. This makes a difference to a lot of people. He too pointed out there was a difference in care of premature babies and those of normal weight, and the cost would be different. Mr. Brown stated this accounting was a matter of specialized accounting "Shared Hospital Accounting System Program". CITY OF AUSTIN, TEXAS January 6, 1972 18 Councilman Dryden was interested in this specific cost, as well as the advance in cost of a $45.00 a day room to $77.00 a day, as applied to low income patients. He noted the $30.00 increase for the operating room going over 13%. Mr. Brown explained the operating room suite, as of September, 1972, had an expenditure of $931,804 against an income of $691,000, a deficit 6f $240,000. Lengthy discussion ensued on the Operation Room fees. These costs included the staff patients. He did not believe that the 3rd party intermediaries should not be paying the audited direct costs of services rendered on their patients. Councilman Dryden discussed charges under Anesthesia as covering only the materials. It was stated this cost included all costs to the Hospital of anesthesia--less the physician annesthesiologist -- material and nurse annesthesiologist. He pointed out the cost per procedure audited out as $23,59, against an expense of $19.87, with a surplus of $3.72. Anticipating difference in anesthesia in 1972, they had forecast a change in the Departments, and set the procedural costs to support the change. Councilman Nichols inquired about the laboratory test fees during the past two years, as to how the fees could be so maladjusted in a two year period. The City Manager reported the raises were not based on cost analysis at that time. Mayor Pro-tem Love stated it appeared that the concensus of the Council was there was a need for an increase, but there was a question of the particular application and categories with regard to certain increases. Mayor Pro-tem Love asked the City Manager if he were authorized to apply the 13% increase, which could be considered across the board, and to proceed, then in the particular areas brought up today, if these could be brought back and reapplied if necessary. The City Manager replied there were no serious problems up through 6, and if the Council could authorize them to bring in a schedule of fees for the 6% with authority to then work out the details costing up to 13%, this would give time and put them in a better posture while waiting. Mayor Pro-tem Love saw nothing wrong with immediately asking for a 6% increase, but noted the Council, by Charter, approves the fees. Councilman Nichols stated before he approved any 6%, he wanted to know just what they will be. The City Manager asked if the Council wanted them to bring in a schedule of fees with an overall increase of six percent. -- Councilman Nichols stated that was the only way they could go the 6%. Councilman Lebermann noted a 6% across the board could mean 2% in some departments and 50% in other. Noting this will take time as it all has to be reviewed by so many people outside of this municipality, he asked that in the interim that the City Manager bring in more data, to let the Council know what is happening on a departmental basis and how Mr. Brown intends the money to be used in each department, whether it is actually covering costs or whether it is an upgrade figure, etc. He stated he was willing to go on the 6%, but before they moved on to the 13%, he would like to have this other material. The City Manager stated that was their suggestion; that they come up with as close as they could with the information that they have, with a 6% schedule that would represent a 6% increase in overall revenue. He would like to bring this back quickly. CCCC CC CITY OF AUSTIN, TEXAS January 6, 1972 Motion Realizing this is going to take time, as it has to be reviewed by so many extra-governmental people - outside this municipality; Councilman Lebermann moved that in the interim, the City Manager bring in more data, to keep the Counc11 aware of exactly what is happening on a departmental basis, and exactly how the Manager of the Hospital, Mr. Brown, intends the money to be used in each department whether it is actually covering the costs or whether it is an upgrade figure, etc. He was willing to go on the 6%, but before they moved on to the 13%, he wanted this material. The motion, seconded by Councilman Dryden, carried by the following vote: Houncilmen Handoox, Dryden, Nichols, Mayor Pro-tem Love, Councilmen Lebermann, Friedman Ayes: Noes: None Absent: Mayor Butler CATEGORIES 2 & 3 - FLOOD MANAGEMENT PROGRAM Mayor Pro-tem Love introduced the following ordinance: AN ORDINANCE AMENDING CHAPTER 29 OF THE AUSTIN CITY CODE OF 1967 IN THE FOLLOWING PARTICULARS: (1) AMENDING SECTION 29-3 TO PROVIDE FOR APPROVAL BY THE DIRECTOR OF PUBLIC WORKS OF PLANS AND SPECIFICATIONS OF ALTERATIONS, IMPROVEMENTS OR CHANGES ON ANY CREEK, BRANCH, DRAINWAY OR WATERCOURSE WITHIN THE CITY AND TO PROVIDE THAT PLANS AND SPECIFICATIONS FOR WORK LOOKING TOWARD THE ENCLOSING OF CERTAIN OPEN CREEKS; BRANCHES, DRAINWAYS OR WATERCOURSES, OR THE OPENING OF CERTAIN ENCLOSED CREEKS, BRANCHES, DRAINWAYS OR WATERCOURSES, BE APPROVED BY THE PLANNING COMMISSION AS WELL AS THE DIRECTOR OF PUBLIC WORKS; AND, (2) BY ADDING A NEW SECTION 29-3A PROVIDING FOR ALL PLANS AND SPECIFICATIONS CALLED FOR IN SECTION 29-3 TO BE ACCOMPANIED BY A CERTIFICATE OF A TEXAS PROFESSIONAL ENGINEER AND PROVIDING AN EXCEPTION FOR MINOR ALTERATIONS, IMPROVEMENTS OR CHANGES; AND, (3) BY ADDING A NEW SECTION 29-3B PROVIDING FOR AN APPEAL TO THE PLANNING COMMISSION FROM DECISIONS OF THE DIRECTOR OF PUBLIC WORKS; AND, (4) BY ADDING A NEW SECTION 29-3C PROVIDING FOR AN APPEAL TO THE CITY COUNCIL FROM DECISIONS OF THE PLANNING COMMISSION; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. Mayor Pro-tem Love announced this program is basically supported and endorsed by Councilman Lebermann and others. The City Manager, Mr. Andrews, stated the Council had asked that this be brought in for additional studies that they might want to add. The Director of Planning stated Item 2, the alteration ordinance is in form at the present time. This is simply to strengthen the existing Code practices that the City has been undertaking for many years. Councilman Nichols emphasized his desire to have an opportunity to look at these maintenance practices. 17 C C CITY OF AUSTIN, TEXAS January 6, 1972 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 Lebermann, carried by the following vote: Ayes: Noes: Councilmen Handcox, Dryden, Nichols, Mayor Pro-tem Love, Councilmen Lebermann, Friedman None Absent: Mayor Butler The Mayor Pro-tem announced that the ordinance had been finally passed. The Council adjourned at 3:15. ATTEST: City Clerk ADJOURNMENT APPROVED: Mayor Pro-tem 20