) CITY OF AUSTIN. TEXAS- MINUTES OF THE CITY COUNCIL 4 CITY OF AUSTIN, TEXAS. Regular Meeting April 20, 1972 10:00 P.M. Council Chamber, City Hall 388 22 4 The meeting was called to order with Mayor Butler presiding Roll Call: Present: Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilmen Lebermann, Friedman, Handcox, Mayor Butler Absent: None. The Invocation was delivered by FATHER RALPH BRENNAN, Sacred Heart Catholic Church. APPROVAL OF MINUTES Councilman Nichols moved the Council approve the Minutes of the Regular Meeting of April 6, 1972. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Mayor Pro Tem Love, Councilmen Lebermann, Friedman, Handcox, Mayor Butler Noes: None PROCLAMATIONS Mayor Butler read a Proclamation setting aside April 21, 1972, as "TEACHER APPRECIATION DAY". Mr. Rodney Kidd received the Proclamation. : Councilman Friedman read a Proclamation dedicating April 17-30, 1972, for all people to join in concern by signing a petition of protest on behalf of those of Jewish Faith facing religious and cultural genocide in Soviet Russia, and demanding justice for its basic religious, cultural and human rights. Councilman Friedman presented the proclamation to Mr. Irwin Salmanson. Mr. Salmanson expressed appreciation to the Council for its concern on behalf of the Jewish community and on behalf of the Soviet Jewry. Councilman Dryden read the Proclamation in which April 22, 1972, was designated as "POWER ONE-WAY DAY", and in which all residents are encouraged to join in recognizing the contribution of these young people in their Christian endeavors. =CITY OF AUSTIN, TEXAS: 389 April 20, 1972 SPECIAL RECOGNITION Mayor Butler and the Council recognized three students from Mrs. Stafford's government class at Casis School. The Firemen's Recruit Class No. 64 was introduced and the Council was invited to the Graduation Cermonies May 12, 7:30P.M. at the Fire Department Auditorium. Councilman Dryden called for the drafting of a Proclamation to be delivered to Former President Johnson and his wife, citing here has been abundant prayer for President Johnson's health and extending hopes for his speed recovery. REFUND CONTRACT Mayor Butler introduced the following ordinance: AN ORDINANCE AUTHORIZING THE DEPUTY CITY MANAGER TO ENTER INTO CERTAIN REFUND CONTRACTS WITH AUSTEX DEVELOPMENT COMPANY, LTD., NASH PHILLIPS, ATTORNEY-IN-FACT; NORWAL, IN- CORPORATED, JERRY N. WALLACE, PRESIDENT; AND JOSEPH CLAYΤΟΝ, OWNER; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. (For water and sewer mains in the Village, Section 3 and Cherry Creek, Phase II, Section 4 - $62,222.06.) (For water and sewer mains in Quail Creek West, Phase II, Section 7 - $30,292.00.) (For water mains in Joseph Clayton Subdivision - $13,858.54.) The ordinance was read the first time and Councilman Nichols moved the ordinance be passed to its second reading. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Nichols, Lebermann, Hadcox, Dryden Noes: Councilman Friedman Present but not voting: Mayor Butler Absent: Mayor Pro tem Love ZONING ORDINANCES 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: (1) TRACT ONE, CROSS COUNTRY INN SUBDIVISION, LOCALLY KNOW AS THE REAR OF 1015-1027 U. S. HIGHWAY 290, FROM "B" RESIDENCE DISTRICT TO "GR" GENERAL RETAIL DISTRICT; AND, (2) LOTS 31 AND 32, BLOCK 13, RIDGETOP ANNEX, LOCALLY KNOWN AS 4716 AND 4718 DEPEW AVENUE, FROM "A" RESIDENCE DISTRICTS TO "B" RESIDENCE 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. ) i ! : ! つ C 390 ! _ CITY OF AUSTIN, TEXAS- April 20, 1972 Councilman Dryden moved the Council waive the requirement for three readings, declare and emergency and finally pass the ordinance effective immediately. The Motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Lebermann, Friedman, Handcox, Mayor Butler, Councilmen Dryden, Nichols Noes: None Absent: Mayor Pro tem 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 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 10, HILL VIEW ADDITION, LOCALLY KNOWN AS 3409 OWEN AVENUE, FROM "A" RESIDENCE DISTRICT TO "O" OFFICE DISTRICT; AND, (2) A 2.71 ACRE TRACT OF LAND, LOCALLY KNOWN AS 7708-7736 ED BLUESTEIN BOULEVARD, FROM INTERIM "A" RESIDENCE, INTERIM FIRST HEIGHT AND AREA DISTRICT TO "O" OFFICE, FIRST HEIGHT AND AREA DISTRICT; AND, (3) A 5.52 ACRE TRACT OF LAND, LOCALLY KNOWN AS 2505 WESTLAKE DRIVE, FROM INTERIM "A" RESIDENCE, INTERIM FIRST HEIGHT AND AREA DISTRICT TO "B" RESIDENCE, SECOND HEIGHT AND AREA DISTRICT; AND, (4) A 3.23 ACRE TRACT OF LAND, LOCALLY KNOWN AS 2301-2369 BURLESON ROAD; 2233 PARKER LANE, FROM INTERIM "A" RESIDENCE INTERIM FIRST HEIGHT AND AREA DISTRICT TO "GR" GENERAL RETAIL, FIRST HEIGHT AND AREA DISTRICT; AND, (5) A ONE ACRE TRACT OF LAND, LOCALLY KNOWN AS 2505-2603 BURLESON ROAD, FROM "B" RESIDENCE DISTRICT TO "GR" GENERAL RETAIL 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. (Mary G. Speir) (Capital Area Council Boy Scouts of America) (Frank Meece) (C. L. REEVES) Councilman Dryden 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: Ayes: Councilmen Lebermann, Friedman, Handcox, Mayor Butler, Councilmen Dryden, Nichols Noes: None Absent: Mayor Pro tem Love The Mayor announced that the ordinance had been finally passed. _ CITY OF AUSTIN, TEXAS April 20, 1972 391 ANNEXATION ORDINANCES FINAL PASSAGE - Mayor Butler introduced the following ordinance.for its third and final reading: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEXATION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 10.36 ACRES OF LAND OUT OF THE J. C. TANNEHILL LEAGUE; 10.20 ACRES OF LAND OUT OF THE J. C. TANNEHILL LEAGUE; AND 86.66 ACRES OF LAND OUT OF THE J. C. TANNEHILL LEAGUE; ALL BEING LOCATED 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. The ordinance was read for the third time, and Councilman Nichols moved that the ordinance be finally passed. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Mayor Butler, Councilmen Dryden, Nichols, Lebermann Noes: None Absent: Mayor Pro tem Love ZONING ORDINANCE - FINAL PASSAGE Mayor Butler introduced the following ordinance for its third and final reading: AN ORDINANCE ORDERING A CHANGE IN USE AND CHANGING THE USE MAPS ACCOMPANYING CHAPTER 45 OF THE AUSTIN CITY CODE OF 1967 AS FOLLOWS: LOT 1, WESTCHESTER SUBDIVISION, LOCALLY KNOWN AS THE REAR OF 1102-1208 RUTLAND DRIVE, FROM "BB" RESIDENCE DISTRICT AND "LR" LOCAL RETAIL DISTRICT TO "LR" LOCAL RETAIL DISTRICT; SAID PROPERTY BEING LOCATED IN AUSTIN, TRAVIS COUNTY, TEXAS. (Jerry Wallace) Councilman Nichols moved the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance effective immedately. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Handcox, Dryden, Nichols, Lebermann, Friedman Noes: None Present but not voting: Mayor Butler Absent: Mayor Pro tem Love The Mayor announced that the ordinance had been finally passed. ITEM DELETED PREVIOUS ACTION TAKEN - The Council deleted the following item as previous action had been taken. C MORGAN L. PIERCE 014-71-135 Rear of 507-613 Kinney Avenue From "A" To "IR" _ CITY OF AUSTIN, TEXAS April 20, 1972 392 REQUEST FOR USE OF BUILDINGS FOR PRIMARY ELECTIONS The Council had the request of Mr. Robert Sneed, Chairman, Travis County Democratic Executive Committee to use certain City buildings for holding the May and June Democratic Primary Elections. He asked in addition to use the Ullrich Water Treatment Plant as a polling place on May 6 only. Councilman Nichols moved the Council grant the request to use the following as polling places: Precinct 125 - DORIS MILLER AUDITORIUM Precinct 322 - ZILKER GARDENS Precinct 322 - ULLRICH WATER TREATMENT PLANT - May 6 only Precinct 429 - AUSTIN ATHLETIC CLUB Precinct 439-PAN AMERICAN CENTER The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilman Nichols, Dryden, Lebermann, Friedman, Handcox, Mayor Butler Noes: None Absent: Mayor Pro tem Love HEARING ON MASS TRANSPORTATION APPLICATION At 2:00 P.M., Mayor Butler opened the hearing scheduled for that time on the Urban Mass Transportation Application: Mr. Joe Ternus, Director of Traffic and Transportation, stated the application had been revised and pointed out that the revisions related to the number of buses, land area, and size of facilities. The proposed project total cost is $3,120,495.00. He then read the application for the benefit of those present for the hearing. Mayor Butler then called for those in the audience to be heard. Mrs. Kenneth Ashworth, League of Women Voters, supported the concept that a public transportation system should serve the total population, relieve peak period congestion; a commuter service must be developed; the public transportation should be convenient, dependable, low-cost, clean, efficient, safe, attractive and flexible. The City could include services or modifications such as "Dial-a-Bus", cons tractual commuter service, peripheral parking preferential rights-of-way. The League advocated a system operated and financed through a method which provides for strong local control of routes, services, and rates. They recognized the advantages of private management, noting subsidy may be inevitable. They recommend- ed a public relations program to stimulate the use of public transportation and create a demand. Ms. Joan Levine was interested in anti-pollution devices on these buses, and was told these vehicles would be new, and would meet the highest Federal standards which Mr. Les Rogers, Fleet Administrator, described. Reverend Thomas Whitcomb, Trinity United Church, urged a commuter service, with buses running more frequently to all parts of the City and that special consideration be made for the elderly, handicapped, and the poor. Miss Connie Clark stated the new proposal is not much of an improvement over what is in existence now. She asked that fares be lowered and that it be a flat C CITY OF AUSTIN, TEXAS April 20, 1972 393 rate anywhere in town. She suggested free transportation or very low fares; small maps listing the schedules; and that shaded or covered areas for waiting be provided. Mr. Ternus stated these facilities were eligible under the grant; and when the technical study is completed, these capital type facilities could be submitted to the Council. Mr. Clifford Zirkle, Minister at Tarrytown Methodist Church, interested in those under welfare, or trying to be employed, asked that transportation be made available for them. He discussed pollution, stating a commmuter system would reduce the number of automobiles thus cutting down on pollution. Mr. Bob Lusk expressed concern over the hours, stating no buses were in service after 6:15 P.M. or 7:00 P.M.; and on Sundays there are no buses at all. He suggested routing that would use the same amount of man hours, the same amount of mileage, and extend the time that buses run for several extra hours into the night. Councilman Lebermann, for the benefit of the audience, stated there is a mass transit study, underway now, financed partially by the City, and partly by the Federal Government, the input form which will help in deciding the routing, schedules, etc. He added that some buses are in the regular transportation system, some for charter, some for standby, etc. Mr. Bob Armstrong observed that people preferred using their cars rather than buses. He stated a further savings for half a million dollars could be realized by using smaller buses. A 29' bus carrying 35 people could maneuver much better than a 45 passenger bus, 35' long. Mr. Ternus stated the study will result in increased ridership. Councilman Dryden, noting there are in operation now 50 buses, and the applcation calls for only 40, said it might be that the City could purchase some of the smaller buses, as they serve a very good purpose. Councilman Dryden favored the purchase by the City of these smaller buses to offer the services as pointed out for the elderly, and those needing to go to peripheral parts of the City. Mr. Robin Cravy, driver of a cab for Roy's Taxi, favored different sizes of buses, and the idea of peripheral parking. He suggested some of the down-town streets be designated parkways, with no vehicular traffic. He urged low fares, wide distribution of schedules, and more frequent schedules. Councilman Nichols moved the Council approve the application and resolution as presented, with instructions to the staff to hand deliver it, Monday morning and proceed with all dispatch. The motion, seconded by Councilman Lebermann carried by the following vote: Ayes: Councilman Dryden, Nichols, Lebermann, Friedman, Handcox, Mayor Butler Noes: None Absent: Mayor Pro tem Love Later in the meeting, Mayor Butler distributed a letter received from Mr. W. J. Ussery, Assistant Secretary of Labor, in connection with the bus application A motion to authorize the City Manager to sign this application was made by Councilman Nichols. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilman Lebermann, Friedman, Handcox, Mayor Butler, Councilmen Nichols, Dryden Noes: None Absent: Mayor Pro tem Love CCC ZONING CASE =CITY OF AUSTIN, TEXAS April 20, 1972 394 - MR. CHESLEY N. BROOKS, JR. Mr. Chesley N. Brooks, Jr., stated he was unaware that the case had been finally passed. The notification received was to the effect that they had failed to supply certain restrictive convenants, and they were required to provide a restrictive convenant for a 40' building setback and a 6' privacy fence. There was an error, and the setback was only 20', which is acceptable to him. He preferred constructing a chain link fence rather than a privacy fence, but it was explained that the requirement was for a privacy fence. Mr. Brooks was asked to bring in the list of conditions concerning his zoning case to the City Attorney's Office for further processing. HOUSING INSPECTIONS IN UNIVERSITY AREA Mr. Michael R. Rush, Instructor at the University of Texas, discussed the housing inspection program and the University Traffic Plan approved March 23. He asked that the housing inspection program be applied equally and in good faith all over Austin. He referred to the Grand Jury report, which urged the Health, Fire, Building Inspection Departments and other agencies concerned to stop the practice that has grown up in Austin of numerous unrelated persons (sometimes 20 to 30) occupying a single residence without proper sanitary facilities. Mr. Rush said he was advised by the Building Inspection Department that they made regular routine inspections City-wide. He made allegations that cheap housing is being destroyed to make available businesses and apartment developments, Urban Renewal, University and State Government expansion, as well as expressways and major arterials. He implied the inspection program has not forced landlords to meet minimum safety standards and to repair the cheap housing rather than tearing it down for Urban Renewal, etc. He saw a need for an ordinance forbidding landlords from raising the rent to pay for repairs necessary to bring a dwelling up to minimum standards. Mr. Rush suggested that Austin provide regular free pick-up of irregular, odd-shaped trash such as mattresses, old furniture, etc. As to providing this free pick-up, Deputy City Manager Davidson stated there was budgeted a special pick-up, program on a rodent eradication program for East Asutin. There are several areas mentioned that should be looked into, and he said this would be examined. Mr. Davidson stated he would not recommend this all over town, but there are some areas which may need expanding in East Austin. Mr. Davidson stated there would be a collection point, and volunteer workers on City trucks would haul, the material from private property out to the trucks on a particular Saturday. Mayor Butler asked for a list of pick-up points, and then the City Manager could determine the cost analysis and they would report back to Mr. Rush. A young man indentifying himself as a migrant worker, had returned to Austin to find employment; and since he does not have transportation, he has been unable to find employment, as most of his type of work is on the fringes of the City where transportation is almost non-existent. He was trained as a heavy equipment orperator. Not having transportation seems to hamper the hard core kids to such an extent they give up in looking for work. He too discussed the revamping of a dwelling and the landlord's compensating himself for repairing the house by charging higher rents. CITY OF AUSTIN, TEXAS April 20, 1972 395 Mr. Susie Renteria had a petition acknowledging the purpose of the comprehensive housing inspection program should be to correct Housing Code Viola- tions especially where they are most severe. The Inspection Department has initiated such a program; however, it is being concentrated in the University area where the Code violations are not the most severe. In East Austin 70% of the homes were substandard, and the petitioners feel that the role of code enforcement through inspections should be concentrated in area that have the highest rates of substandard housing, and that the time and ef forts of the Inspection Department should not be wasted in areas where Code violations are not a major problem. Mayor Butler explained that the initial surveys had been directed at those structures that had been called to the City's attention by citizens, various departments of the City and others. The major inspec- tions had been directed to those complaints which were at the inner City area, along with those received from other parts of the City. As complaints subside, systematic inspection will resume in the more established areas of the City. Councilman Berl Handcox expressed his concern and possible solutions on the housing problems, as there are relocation problems; and with the upgrading of housing, there would be additional costs. He also was concerned about the plight of the minorities in the economic rim. This group had not grown very much in comparison to the rest of west and north Austin, as people had moved out of the inner City. He found it a significant problem in trying to keep the economic status of the people and housing compatible. Councilman Handcox addressed his remarks to the minorities in the City -- not necessarily the University area. UNIVERSITY TRAFFIC PLAN Mr. Michael R. Rush said the University Traffic Plan was an assault to the University community, as it would divide the area with increased traffic thus attracting business and apartment development, further endangering the integrity as a neighborhood. He spoke in opposition to the plan affecting 25th Street, which also will be another strip of businesses as on 24th Street, and out on Burnet Road. No one in the area wants an overpass and grade separation at 24th and Lamar. The people around the University decided that their neighborhood had a right to exist. Mr. Rush asked that the Council schedule a public hearing in the University community so that the people may have a chance to discuss this plan. Mayor Butler submitted a list of the housing inspections, showing that the inspections were not concentrated in or around the University area, but throughout the whole City. Mayor Butler and City Attorney Don Butler answered Mr. Rush's questions concerning landlords' passing on to the tenants the cost of bringing the dwelling up to standard. Councilman Friedman discussed with Mr. Rush this question of landlord-tenant. He pointed out there was no rent control in the City and the Council does not have any proper control or authority over this question. Mayor Butler stated the Council had one hearing on the University Traffic Plan; and before the actual plans are approved, it will be necessary to have another hearing. As to the Location of this hearing, the Mayor stated the Council would consider Mr. Rush's request; but at this time it would not be appropriate to set the date nor the place; but there will be ample notification so that Mr. Rush could be present at the second and final hearings. CCC - CITY OF AUSTIN, TEXAS April 20, 1972 DISCUSSION OF SALE OF BEER & WINE WITHIN 300' OF PUBLIC INSTITUTION Mr. J. R. Seeman, Chairman, Texas Union Board of Directors, of the University of Texas at Austin, asked for an amendment or repeal of the ordinance per- taining to the sale of alcoholic beverages within a certain distance of any church, public school, or public hospital, so that beer and wine could be sold in the Texas Union. He noted the expansion of the University as well as the City; University population had grown, and 58.5% of the student body of the University is 21 years or older. The Texas Union Board of Directors, which sets the policy of the Union, requested Dr. Spurr to grant permission to apply for a license from the Alcoholic Beverage Control Commission to serve beer and wine in the faculty staff lounge, and in a sandwich shop on the first floor of the Texas Union. In a referendum, the University students voted 84.5% in favor of serving alcoholic bever- ages in the Texas Union. If the City clears this sale, they would go through Dr. Spurr with their request. Councilman Friedman said he thought the intent when this ordinance was passed was strictly to protect the elementary, high schools, and Junior highs; without any reference to the Universities. Councilman Lebermann stated the ordinance could be written to apply to "institutions of higher learnings". Mayor Butler was concerned about the restrictions remaining as to churches, hospitals, and lower schools, Councilman Dryden suggested that Mr. Seeman start with the President of the University, and get a report back to the Council as to what Dr. Spurr has to say. Mayor Butler concurred in Councilman Dryden's suggestion, and asked Mr. Seeman to go to Dr. Spurr and come back next week with a let- ter from him. Councilman Friedman volunteered to accompany Mr. Seeman to talk to Dr. Spurr. At this time the Council took no formal action. USE OF PROPERTY FOR CARNIVAL Mr. Tom Bergstrom, Vice-President of the Austin Jaycees, was spokesman for Mr. Phillip W. Gilbert, President, in requesting a permit for a carnival as a money-making project for the Jaycees. Mr. Bergstrom pointed out the problem regarding food concessions, as under the concession contract the concessionaire is allowed to set the fee as he will in effect franchise out his license to sell food items, to another party -- in this case, the carnival. Mayor Butler stated at this time, what was being asked was permission to use the City property from June 1 through 10. Mr. Bergstrom agreed, and asked guidance concerning the concession matter. Councilman Dryden moved the Council grant the use of the property only. (Property adjacent to Coliseum) The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilman Lebermann, Friedman, Handcox, Mayor Butler, Councilman Dryden, Nichols Моев: Absent: Mayór Pro tem Love Councilman Lebermann inquired what the Council needs as far as the other interests of this organization are conserned. He noted the same kind of situation took place at the auditorium. City Attorney Don Butler suggested that he summarize the whole setup, because these questions continually arise. Mayor Butler stated the matter is more oriented to economics than to law. Deputy City Manager Davidson suggested that Mr. Bergstrom contact Mr. Al Tramp, Acting Director at the Auditorium who would explain the contract and answer any questions. Di C April 20, 1972 - CITY OF AUSTIN, TEXAS 397 PROPOSED SCHOOL SIDEWALK CONSTRUCTION PROGRAM City Manager Davidson said Mr. Joe Ternus, Director of Traffic and Transportation, had designed a school sidewalk program to be carried out under the Capital Improvements Program, and he would make the presentation. Mr. Joe Ternus introduced Mr. George Henry, Co-ordinator, who had worked in the school safety program. The proposed program is based on student route plans which have been reviewed by principals, PTA, and the City personnel. During the first two years of this program more than 26 miles of sidewalks had been constructed in the vicinity of elementary schools. This program consists of Il miles at 13 schools and two additional miles of supplemental sidewalk at schools that have previously had sidewalks. The school routes are based on traffic charac teristics of the area, terrain, and other hazards facing the school children. The supplemental plan is based on the existence of gaps in previous sidewalk routes, changes in school traffic flow, street construction, etc. He listed the schools: PILLOW, REED, GULLETT, BARRINGTON, ROSEDALE, BRYKERWOODS, BRAKER, LEE, BLANTON, NORMAN, PEASE, BARTON HILLS and ODOM. In addition, where supplemental sidewalks are recommended are: DOSS, HIGHLAND PARK, CASIS, ANDREWS, SIMS, ZAVALA, TRAVIS HEIGHTS and DAWSON. He stated it was recommended that these schools, locations be approved so that plans may be prepared in contracts and brought back to the Council for its consideration. Noting the funds were already allocated in the Capital Improvements Program, Councilman Friedman moved that the sidewalks be built; Councilman Lebermann seconded the motion. The row call was as follows: Ayes: Councilmen Friedman, Handcox, Mayor Butler, Councilmen Nichols, Lebermann Noes: None Absent: Mayor Pro tem Love Out of room at roll call: Councilman Dryden DRUG TREATMENT PROGRAM Mayor Butler distributed copies of a memorandum to the Press and interested people as follows: As part of the City's overall drug program, I feel that increased emphasis should be placed on the medical treatment of drug users. It has been brought to my attention that a recently enacted Texas statute will help facilitate such treatment of minors. It is my desire that possibilities for treatment under such statute be fully implemented consistent with good medical practice and requirements of the law. I am asking those concerned with medical care at Brackenridge Hospital to make appropriate recommendations and take the necessary steps to affect this action. Mayor Butler stated this program came about from the meeting that Councilman Friedman and he had in the City Hall last Friday; and was one mentioned by this group. Councilman Nichols moved that the Memorandum be acted upon favorably. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilman Handcox, Mayor Butler, Councilmen Nichols, Lebermann, Friedman CC CITY OF AUSTIN, TEXAS April 20, 1972 391 Noes: None Absent: Mayor Pro tem Love Out of room at roll call: Councilman Dryden CITY MANAGER Mayor Butler read a communication which he distributed to the Press: 1 City Manager Lynn Andrews has requested that he be allowed to depart Austin for his new position in St. Petersburg early next month. He has advised the Council that, by such time, he will have completed the major portion of his work on the special projects with which he has recently been concerned. Pressing obligations of his new employment also make it imperative that he assume his new duties as soon as possible. 11 H The Council has granted his request. However, for the benefit of the City, it has requested that he be available for consultation and advice through Friday, June 2, 1972. Since Mr. Andrews will continue to serve the City during this period and has accumulated substantial unused leave time, the Council has determined that he should properly remain on the City payroll through June 2, 1972. P & R BOARD REPORT ON BICENTENNIAL Mr. Irby Carruth, Chairman, Parks and Recreation Board, made a report on the Bicentennial Observance as recommended by the Parks and Recreation Board: It The Parks and Recreation Board recommends that the City Council appoint a Bicentennial Committee to prepare a plan for Austin's Celebration. This is the Board's primary interest; and under that would come development of local goals and objectives for programs and improvements to observe the Bicentennial Year and to co-ordinate the preparation of an application to the State and National Committee for Austin to be designated as a recipient of federal funds to promulgate the Celebration in Texas. In addition, a consultant firm should be employed to prepare the applications; the community should be organized to assure local involvement of individuals and organizations. A plan for physical improvements to fit into the scheme developed by the National Bicentennial Committee. Ways and means of renewing interest in the history of America should be developed. Town Lake Development was emphasized, connecting green belts with walks and bikeways from the interior City to Town Lake Park. Recommendation was that this project be given a high priority in the forthcoming Capital Improvements Program and that an application for Federal Funds be readied as soon as possible. The Board suggested that the Parks and Recreation Department Staff be directed to update the comprehensive plans of Town Lake and the earliest implementation of its development. Goals for Town Lake Beautification Committee should be emphasized and expedited so that landscaping could be started. من April, 1972 399 _ CITY OF AUSTIN, TEXAS Councilman Nichols moved the Council vote that this recommendation be sent to the Planning Commission for its incorporation and study into the forthcoming Capital Improvement Program. It was suggested that the Parks and Recreation Board and the Planning Commission work together on this. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilman Handcox, Mayor Butler, Councilmen Nichols, Lebermann, Friedman Noes: None Absent: Mayor Pro tem Love Out of room at roll call: Councilman Dryden Mayor Butler stated after some investigation, it appeared the availability of Federal Funds does not look too encouraging at this point, and the financing probably would have to be local. Mr. Don Berman stressed the appointment of a committee, and that the Council adopt the motif for the program. Councilman Nichols stated the reason he made the motion to send the recommendation to the Planning Commission because they will give the Council a report as to Capital items that go into the budget and those that go into the bond issues. Mr. Berman stated that Town Lake and its tributaries are emphasized by the Chamber of Commerce, and he was urging the incorporation of the Texas Bicentennial Commission's concepts were all of the citizenry is involved. Mr. Berman suggested a committee of 15. In discussing the Parks and Recreation Board as the spearhead of the B1centennial Committee, Mr. Berman stated the Bicentennial Commission is far more than just Parks -- it involves activities with schools, civic associations, etc. It is an anniversary and not just Parks and Recreation; and it was envisioned to have City-wide participation. Mr. Berman stressed the timing, and hoped that should there be federal funds, Austin would be in a position to accept them. Mayor Butler announced that Councilman Lebermann was going to meet with a group of people on this matter and brief the Council as to developments. Councilman Lebermann invited Mr. Berman and Dr. Carruth to join them in this meeting. FIRE AND EXTENDED COVERAGE PROGRAM Due to absences of three of the members, Mayor Butler suggested that discussion of the Fire and Extended Coverage Program be continued until April 27th, at 11:00 Α.Μ. APPEAL FROM PLANNING COMMISSION The Council had before it a letter from residents of Craigwood, Cavalier Park, Springdale Hills, and Stone Gage, appealing the decision of the Planning Commission in granting a Special Permit for the City of Austin to construct an expansion of the Walnut Creek Treatment Plant. heard. The Council set 11:30 A.M., May 4, 1972, as the time this appeal would be _ CITY OF AUSTIN, TEXAS April 20, 1972 400 REQUEST CONCERNING STREET VACATION Mr. Herman Waters, Jr., speaking for himself, and for Mr. S. Gary Roberts, distributed sketches in line with his request. Last month the Council vacated a portion of Bellvue between Medical Parkway and 42nd Street, under conditions set out by the planning Commission, and it was one of those conditions in which he was interested. The condition was that of an additional 5' of right-of way to be dedicated for the vacation when they vacation when they vacated the portion, of Bellvue. If they give this additional five feet at this time, it would cut 5' off of their existing buildings; and if they had to change this structure it would be a considerable financial expenditure. He asked the Council to grant the street vacation of Bellvue and let him and Mr. Roberts deed the City the land now, but grant them permission to use the building as it is, until the building is destroyed for another use. Councilman Nichols understood that a license agreement would be entered into between them and the City by which they would have permission to build over this right of way, which they have already done. If and when the building is destroyed, the right of way reverts to the City. Mr. Waters stated it should be understood that if they remodeled or refaced this building, they would have to get a building permit to do so; and he asked if that would be considered a major renovation and would the building have to be cut off at that time. The Mayor replied it would not as long as they had the license to occupy the five feet. Councilman Nichols moved the Council adopt a Resolution authorizing the license agreement to be entered into between Mr. Waters, Mr. Roberts, and the City of Austin. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Nichols, Friedman, Handcox, Mayor Butler, Councilman Dryden Noes: None Absent: Mayor Pro tem Love Out of room at roll call: Councilman Lebermann FASEMENTS RELEASED Councilman Nichols moved the Council adopt a resolution authorizing the release of the following easement: Portion of public utilities easement out of Lot 28, Block A, INDIAN HILLS, SECTION 1. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilman, Lebermann, Mayor Pro tem Love, Councilmen Friedman, Hancock, Mayor Butler, Councilmen Dryden, Nichols Noes: None Councilman Nichols moved the Council adopt a resolution authorizing the release of the following easement: Portion of public utilities easement out of Lot 29, Block A, INDIAN HILLS, SECTION 1. The motion, seconded by Councilman Dryden, carried by the following vote: CCC CITY OF AUSTIN, TEXAS 401 April 20, 1972 Ayes: Councilman, Lebermann, Mayor Pro tem Love, Councilmen Friedman, Handcox, Mayor Butler, Councilmen Dryden, Nichols Noes: None Councilman Nichols moved the Council adopt a resolution authorizing the release of the following easement: Portions of an existing electric "blanket easement" which cover Lots 1 & 2, ANDERSON SQUARE and Lots 3-A and 4, the resubdivision of Lot 3, ANDERSON SQUARE SECTION 2. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilman, Lebermann, Mayor Pro tem Love, Councilmen Friedman, Handcox, Mayor Butler, Councilmen Dryden, Nichols Noes: None Councilman Nichols moved the Council adopt a resolution authorizing the release of the following easement: Five (5.00) foot public utilities easement out of Lot 4, PONCA STREET ADDITION. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilman Lebermann, Mayor Pro tem Love, Councilmen Friedman, Handcox, Mayor Butler, Councilmen Dryden, Nichols Noes: None Councilman Nichols moved the Council adopt a resolution authorizing the release of the following easement: Two (2) portions of an existing drainage easement out of Lots 11, 12, and 13, Block D, HERMAN BROWN ADDITION NO. 2, SECTION 5. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilman Lebermann, Mayor Pro tem Love, Councilmen Friedman, Handcox, Mayor Butler, Councilmen Dryden, Nichols Noes: None LICENSE AGREEMENT Councilman Nichols moved the Council adopt a resolution granting a license agreement for the use of the following easement: H. H. ROTHELL, JR. encroachment across a portion of an existing drainage easement located at Tract "A", ANOTHER WORLD (Subdivision for proposed apartment building). C CITY OF AUSTIN, TEXAS April 20, 1972 402 The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Mayor Pro tem Love, Councilmen Lebermann, Friedman, Handcox, Mayor Butler, Councilmen Dryden, Nichols Noes: None EMINENT DOMAIN Councilman Dryden moved the Council adopt a resolution authorizing Eminent Domain Proceedings to acquire property for right-of-way for MoPac Boulevard on the following property: 2200 Lake Austin Boulevard The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Mayor Butler, Councilmen Dryden, Nichols, Mayor Pro tem Love Noes: None Councilman Dryden moved the Council adopt a resolution authorizing Eminent Domain Proceedings to acquire property for right-of-way for MoPac Boulevard on the following property: 500-600 Atlanta The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Mayor Butler, Councilmen Dryden, Nichols, Mayor Pro tem Love Noes: None Councilman Dryden moved the Council adopt a resolution authorizing Eminent Domain Proceedings to acquire property for right-of-way for MoPac Boulevard on the following property: 3100 Funston The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Mayor Butler, Councilmen Dryden, Nichols, Mayor Pro tem Love Noes: None COST DIFFERENCE - Councilman Nichols moved the Council adopt a resolution authorizing payment to AUSTEX DEVELOPMENT CO., LTD., Nash Phillips Attorney-in-Fact, for cost difference of 12"/8" water main - $5,113.40; and 18"/8" sewer main $4,558.26 in The Village Section 3 and Cherry Creek, Phase II, Section 4 Total Cost Difference: $9,671.66. - ) CCC CITY OF AUSTIN, TEXAS April 20, 1972 403 The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Firedman, Handcox, Mayor Butler, Councilmen Dryden, Noes: Nichols, Mayor Pro tem Love None Out of room at roll call: Councilman Lebermann LAND ACQUISITION Councilman Nichols moved the Council adopt a resolution authorizing the acquisition of certain land for the MoPac Expressway Construction Detour: 2303 Lake Austin Boulevard - Helen Birnstiel The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Mayor Butler, Councilman Nichols, Mayor Pro tem Love, Councilmen Lebermann, Friedman, Handcox Noes: None Out of room at roll call: Councilman Dryden Councilman Nichols moved the Council adopt a resolution authorizing the acquisition of certain land for the MoPac Expressway - Phase 4: 4530 Highland Terrace - Brigman E. Cole, et ux The motion, seconded by Mayor Pro tem Love, carried by the following vote: Ayes: Councilman Nichols, Mayor Pro tem Love, Councilmen Friedman, Handcox Noes: Mayor Butler None Out of room at roll call: Councilman Dryden ITEM DELAYED The Council delayed the item authorizing the City Manager to make application to the U. S. Department of Health, Education and Welfare for federal funds to operate a Family Health Center to serve East Austin. CONTRACTS AWARDED Councilman Nichols moved the Council adopt a resolution awarding the following contract: AUSTIN ENGINEERING COMPANY - For Electric Ductlines and Concrete Foundations at McNeil Substation - $55,710.10. (90 calendar days for completion; Engineer's estimate was $70,570.00; Capital Improvements Program Project No. 3518) The motion, seconded by Councilman Dryden, carried by the following vote: C CITY OF AUSTIN. TEXAS April 20, 1972 404 Ayes: Councilmen Friedman, Handcox, Mayor Butler, Councilmen Dryden, Nichols, Mayor Butler, Councilman Lebermann Noes: None Councilman Dryden moved the Council adopt a resolution awarding the following contract: LONGHORN SAND AND GRAVEL CO., INC. (Austin, Texas) Bid Invitation No. 2-0756 Twelve (12) month Supply Agreement for Concrete Sand - $13,865.00. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Mayor Butler, Councilmen Dryden, Nichols, Mayor Pro tem Love, Councilmen Lebermann, Friedman, Handcox Noes: None Councilman Nichols moved the Council adopt a resolution awarding the following contract: ROY W. GREEN COMPANY For the installation of approximately 953 feet of 16" ductile iron sewer pipe; 134 feet of 8" ductile iron swer pipe and appurtenances - Winstead Lane and Johnson Creek Sanitary Sewer Main - $35,876.80. (30 calendar days for com- pletion; City's estimate was $38,005.00; Capital Improvements Program Project No. 5054 3) The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Mayor Butler, Councilmen Dryden, Noes: Nichols, Mayor Pro tem Love None Out of room at roll call: Councilman Lebermann Councilman Dryden movedåthe Council adopt a resolution awarding the following contract: VULCAN SIGNS & STAMPINGS, INC. (Foley, Alabama) Bid Invitation No. 2-0774, Twelve (12) month Supply Agreement for Sign Blanks $5,966.00. Councilman Dryden asked if this were the best financial deal with the City on the 12 months' basis. Councilman Nichols inquired if this "all or none" was stipulated in the bids, or did it originate with Traffic Supplies in Oklahoma City. Mr. Solon Bennett stated the Oklahoma firm did bid on an all or none basis, as a qualification attached to their bið. Councilman Dryden asked about the new street signs -- the green on white. He hated to change the street signs from yellow and white to CCC ) _ CITY OF AUSTIN, TEXAS April 20, 1972 405 Baylor green. Deputy City Manager reported the people who are in this business had stopped making the Texas orange blank. Councilman Handcox stated there was an effort to uniform the matter in the National program. Mr. Davidson reported the new green ones complied with the new traffic code. He stated he would get a report for the Council, as this came out just before the present Council took office. This was checked out carefully. Councilman Dryden stated he still wanted the signs to be orange on white. Councilman Nichols stated he wanted the Minutes to reflect that Councilman Dryden and he preferred the Orange and White signs. The motion, seconded by Councilman Nichols, carried by the following vote: Ayes: Councilman Handcox, Mayor Butler, Councilmen Dryden, Nichols, Lebermann, Mayor Pro tem Love, Councilman Friedman Noes: None Councilman Friedman moved the Council adopt a resolution awarding the following contract: Bid Invitation No. 2-0581 Microfilm Indentification & Retrieval System: (1) EASTMAN KODAK CO. (Houston, Texas) - Bid Items 1-3, 5-7, 9-25, Total - $43,395.35 (2) 3M BUSINESS PRODUCTS - Bid Item 4 - $195.00. (3) EXTEK MICROSYSTEMS, Bid Item 8 - $4,296.82 INC. (Van Nuys, California) Councilman Nichols asked who drew the specifications for these bids. It was stated these were drawn up in the Police Department for the Police Department system. The motion, seconded by Mayor Pro tem Love, carried by the following vote: Ayes: Councilmen Dryden, Nichols, Mayor Pro tem Love, Councilmen Lebermann, Friedman, Handcox, Mayor Butler Mayor Pro tem Love moved the Council adopt a resolution awarding the following contract: Bid Invitation No. 2-0568 Twelve (12) month Supply Agreement - Displacement Type Cold-Water Meters and compound Type Cold-Water Meters: (1) CRANE CO. (Rogers, Arkansas) - Bid Item Nos. 1, 3 and 4 Total $132,700.00. - ) C April 20, 1972 406 CITY OF AUSTIN, TEXAS (2) ROCKWELL MANUFACTURING COMPANY (Houston, Texas) (3) HERSEY PRODUCTS, INC. (Dallas, Texas) (Dedham, Massachusetts) - Bid Item Nos. 2, 5 and 6 Total - $9,601.20. Bid Item No. 7 - $5,514.00. Councilman Nichols questioned the out-of-state Company, inquiring why the bids were sent to Arkansas. Mr. Solon Bennett read a list of those to whom bids were sent, four on the list having been mailed in Austin; three having been sent to firms in Houstin, and Dallas one invitation mailed to Milwaukee and one to Arkansas. Mr. Curtis Johnson, Director of Water and Wastewater, stated the Crane Company with which all are familiar, does not handle water meters at their other offices and locations. The are handled out of Rogers, Arkansas. Crane has a number of lines in various equipment, but their marketing for water meters is a separate organization, and these are handled out of Arkansas. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Mayor Pro tem Love, Councilmen Friedman, Handcox, Mayor Butler, Noes: Councilmen Dryden, None Out of room at roll call: Nichola Councilman Lebermann AWARD OF CITY OF AUSTIN EMPLOYEES GROUP INSURANCE TO CONNECTICUT GENERAL INSURANCE Mr. Norman Barker, Finance Director, made a report in that the Council last year directed the administration to seek bids on the City's Health and Life Program, with the City's paying approximately 45% of the total premium cost and the employees paying about 55% of the total cost. The City received bids, and evaluated the bids on a premise that it would allow the bidders an option to bid the accidental death and dismemberment either on a pool basis or on an experience rated basis. From evaluation of those original bids, it was evident that there were two bases on which these bids could be evaluated. The Finance Director reviewed the evaluation, recalled the lowest bidders were asked for alternate proposals; and on January 20, the bids were rejected and new bids taken. Bids were received again on a common basis where the lowest premium cost to the City could be evaluated. Evaluation on that basis indicated that Connecticut General is a low bidder. It was presented to the Council that Concecticut General was the current carrier, and that the operation and experience with this company over the years has been satisfactory. There was no information indicating that either of the other two lower bidders would not be eminently satisfactory to the City should the Council chose not to accept the low bidder. The recommendation at this time is that the Council award the Health and Life Insurance Program of the City of Austin to Connecticut General Insurance Company. Councilman Nichols had before him a letter from Great West Life signed by Mr. Victor L. Beck, in which there are two pretty serious charges made, which he read. Mr. Barker stated they ahd dealt primarily with Mr. Hardy, and that he should be allowed to present any information they had. Mr. Barker stated _ CITY OF AUSTIN, TEXAS April 20, 1972 407 Mr. Hardy's evaluation of the figures is substantially identical to the City's varing $200 or $300, still leaving Connecticut General as the low bidder. Mr. Barker reviewed the evaluation. Mr. Barker pointed out that going back for bids resulted in a lower bid price by all people concerned, so that the City Council and in behalf of the City employees, received a less premium cost by going out for bids. Mr. Tom Flint, Senior Account Executive with Connecticut General Life Insurance Company stated the company handled the City's group insurance for 20 years, and he had handled it since 1955, and there had been only one rate increase. He explained their inability to guarantee per se a rentention and any company operating in New York State has to conform in all other states to New York Law. This is an insurance regulation, not a state law. He also explained how this absence of a guarantee had not hurt the City. He pointed out the advantage to the City for not having the guarantees and he explained why. In further discussion, Mr. Flint stated from the premium paid by the City, Connecticut General does two things: it pays claims and its expenses; and if there is any money left over, where there always has except for 1967, a loss year, the Company returns that amount in dividends to the City, or at the City's discretion, it could take the dividends or increase benefits. Discussion was held on a possible expense of dealing with the San Antonio claim office. Deputy City Manager Davidson reported on this, in that the Committee, headed by Mr. Barker and Mr. Harrison, had considered whether or not it was determined it would not be beneficial to do that. He said all details had been evaluated carefully. Mr. Flint stated in the near future the company would use the credit card payment of claims. He stated there were pros and cons in bypassing the Personnel Department of a corporation or a municipality. In answer to Council man Friedman if this would not be an extra cost, Mr. Flint stated the company would make a charge for this service, but it should offset the money now expended on employees' handling claims. This will be shown when it is worked out further. This has nothing to do with the bids before the Council now. Councilman Friedman reviewed with Mr. Flint what his original bid was, the amount of his retention, and the percentage. Mr. Flint stated the retention cost was $65,109.00 and his percentage was 5.8% now. He did not have all the figures and stated there was a difference in the make up in the premium. He stated his bid now was lower about $1200 than it was originally in October. Mr. Flint explained whey the retention was about $1,000 or $1,200 a year on $1,000,000 was less, and explained also that the rate structure was independent, being governed by the City's claims on its employees. Mr. Tom Hardy, Group Insurance Manager for Great West Life, commended the Austin staff on its diligence in this matter and stated every courtesy and cooperation was shown through the bidding period to him and his company, especially by Mr. Solon Bennett and his staff. Mr. Hardy stated he felt there was an honest difference of opinion, and justification for the award to go to Great West Life. He reviewed the bidding. Their initial reaction was that the normal procedure in today's market is to pool the Accidental Death and Dismemberment premium and not experience rate it. However, they provided figures on the experience rating. Mr. Hardy explained how the in-force carrier's bid wound up below the Great West proposal. Mr. Hardy, in discussing the retention guarantee stated if the retention results work out better than they had guaranteed, the City would have the benefit of the better retention. They would not automatically guarantee. The only exception to this guarantee as stated in the proposal is an increase in the tax rate. After further presentation of his proposal and in comparison, Mr. Hardy stated, in summary, they felt the contract should be awarded to the Great West Life and listed ) CITY OF AUSTIN, TEXAS April 20, 1972408 ! the reasons in detail. Mayor Pro tem Love asked if he were saying that over a three year period of time, it would cost the City of Austin less to deal with Great West Khan with the present carrier, Connecticut General. Mr. Hardy stated he could not say today that it would cost less to do business with his company than ti would the present carrier's protection if everything was kept the same. He did feel that the odds were very strong that a three year guarantee would cost no more and would in all probability save money for the City of Austin, as they have a natural inflationary pressure on administrative expense of insurance company just as other items. He said he was confident that if the results of the case turn out that a company can live with a 5.8% retention of each year over three years, that the actual retention will come out at that level far less, based on the compairsons made in the past. Councilman Friedman asked Mr. Hardy what his original bid was. Mr. Hardy had worked out averages of the time periods which are significant. His original bid produced a premium of, including the AD & D for experience rating, $1,115,000 plus items. This was approximately $20,000 less than the current then-in-force rate. Their original retention projection was 5.7% average for the first three years which was a dollar amount on those premium-dollars of $63,180. It was 5.89% for the first five year average, which was a dollar amount of $65,723; and $67,630 for the 10 year average, which is a percentage amount of 6.06% of the premium quoted. Councilman Nichols asked the Staff if Connecticut General, Great West and Republic National Life were capable of furnishing insurance to the City of Austin. Mr. Barker said in their opinion from all the information that they were able to get, any of these three companies would be satisfactory carriers for the City of Austin. Mayor Butler asked if Mr. Barker's recommendation was still that the contract be awarded to Connecticut General. Mr. Barker stated it was, and that noth- ing had been brought out this morning that would change his recommendation. Much of the material that was brought out was material that was discussed at the time the City Council rejected the former bids. Mr. Barker stated the contract would begin about May lst, the anniversary of the present carrier. The City has full right to cancel this contract one year from now, go out for bids, continue, or what. The city can cancel any time it wants. Mr. Hardy stated the three year guarantee is if the City stays with his company. Mayor Pro tem Love stated there goes the retention. Mayor Butler stated the contract and the bid specification was on the basis of one year. Councilman Handcox moved the Council adopt a Resolution upholding the recommendation of the Staff and award the contract to Connecticut General. The motion, seconded by Councilman Dryden, carried by the following vote: Lebermann Ayes: Councilman Handcox, Mayor Butler, Councilmen Dryden, Nichols, Noes: Mayor Pro tem Love, Councilman Friedman 2 at : i April 20, 1972409 =CITY OF AUSTIN, TEXAS 1 The Council adjourned at 4:55 P.Μ. C ATTEST: City Clerk ADJOURNMENT APPROVED: Mayor