- CITY OF AUSTIN, TEXAS... 1257 20 MINUTES OF THE CITY COUNCIL, CITY OF AUSTIN, TEXAS Regular Meeting October 31, 1974 1:00 Ρ.Μ. Electric Auditorium 301 West Avenue The meeting was called to order with Mayor Pro Tem Love presiding. Roll Call: Present: Councilmen Dryden, Friedman, Handcox, Lebermanu, Mayor Pro Tem Love Absent: Councilman Binder, Mayor Butler The Invocation was delivered by REVEREND M. WALTON, Trinity United Methodist Church. AMERICAN EDUCATION WEEK Mayor Pro Tem Love read and then presented a proclamation to Jana Johnson, President of Future Teachers of America at Murchison Junior High School, Donna Brooks, Michael Mercer, and Kim Abney proclaiming the week of October 27 November 2, 1974, as "American Education Week" and encouraged all residents to join the Council in supporting this effort to improve Austin's educational system through public awareness. Mayor Pro Tem Love took this opportunity to recognize the principal of Murchison, Mr. Lloyd Treadwell, who in turn introduced his assistant, Mr. Oscar Kellner. RECOGNITION Councilman Dryden read and then presented a resolution signed by the Mayor and Council to Ms. Lolla D. Martinez, niece of Miss Lucinda Duran, who will be celebrating her 100th birthday on October 31, 1974. It was noted that to honor Miss Duran, the United Action for the Elderly, Inc., would be sponsoring a party to honor her at her home at 2426 Webberville Road on October 31, 1974, from 1:30 to 2:30 p.m. CITY OF AUSTIN, TEXAS October 31, 1974 1858 UNICEF DAY Councilman Handcox read and then presented a proclamation to Mrs. Margret Hofmann and Mrs. Judy Liro proclaiming Thursday, October 31, 1974, as "UNICEF Day" and urged every citizen to buy UNICEF Christmas cards and to participate in trick or treat for UNICEF and to welcome properly identified trick or treaters at the door. Mrs. Hofmann and Mrs. Liro presented the Council with the UNICEF containers and thanked the Council for helping in this effort. INTRODUCTION Councilman Friedman took this opportunity to introduce his parents, Sid and Evelyn Friedman. APPROVAL OF MINUTES Councilman Friedman moved that the Council approve the Special Meeting Minutes of October 24, 1974 (11:00 a.m.) and the Regular Meeting Minutes of October 24, 1974 (1:00 p.m.). The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Friedman, llandcox, Lebermann Noes: None Absent: Mayor Butler, Councilman Binder Not in Council Chamber when roll was called: Councilman Dryden ТАХ АРРЕEALS Mayor Pro Tem Love opened the consideration of tax appeals scheduled for 1:00 p.m.: Thomas A. Womack Mr. Jack Klitgaard, Tax Assessor-Collector, reviewed this noting that this was an appeal of the decision of the Board of Equalization, with the property being located at 1008 East 43rd Street, He stated that the Board had determined that the home needed painting and had termite damage and had fixed a market value on the property in connection with sales in the general area. He noted that Mr. Womack did qualify for the new $5,000 homestead exemption, thereby leaving an assessed value of $430 fixed by the Board. Councilman llandcox moved that the Council uphold the decision of the Board of Equalization as follows: Description 1008 East 43rd Street Assessed Value Fixed by Board Council Action Land $ 430 $ 430 Lot 3 and East 5 feet of Lot 2, Improvements Outlot 18, Division C, Country Club Terrace Parcel #2-1809-0214 CITY OF AUSTIN, TEXAS- October 31, 1974 1257 The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Noes: Mayor Pro Tem Love, Councilmen Friedman, Handcox, Lebermann None Absent: Councilman Binder, Mayor Butler Not in Council Chamber when roll was called: Councilman Dryden Jack Ritter, Jr. Mr. Klitgaard noted that this appeal involved 9 pieces of property. In response to Councilman Friedman's question, Mr. Klitgaard felt that the values placed on the property and the tax evaluations had been reached fairly. Councilman Lebermann moved that the Council uphold the decision of the Board of Equalization as follows: Assessed Description Value Fixed by Board Council Action 1011 Alegria Road Land $8,620 $8,620 Lot 7, Block C, Westview Heights Parcel #2-2907-0950 Improvements 503 East 46th Street Land $7,630 $7,630 Lot 2, Block 4, Outlot 16, Improvements Division C, Stachely Parcel #2-2108-1205 4611. East 19th Street Land $20,020 $20,020 Lot 1, R.L. Wormley Subdivision Improvements Parcel #2-1322-0306 3201 Maywood Land $30,390 $30,390 Lot 4, Woods Knoll Addition Improvements Parcel #1-2105-0338 3203 Maywood Land $30,510 $30,510 Lot 5, Woods Knoll Addition Improvements Parcel #L-2105-0339 3004 Maywood Land $33,620 $33,620 Lot 1.0, Woods Knoll Addition Improvements Parcel #1-2105-0344 501 East 46th Street Land $9,700 $9,700 Lot 1, Block 4, Outlot 16, Improvements Division C, Staeholy Parcel #2-2108-1204 507 East 46th Street Land $5,650 $5,650 Lot 4, Block 4, Outlot 16, Improvements Division C, Stachely Parcel #2-2108-1207 _ CITY OF AUSTIN, TEXAS October 31, 1974 1260 Description (cont.) 509 East 46th Street Lot 5, Block 4, Outlot 16, Division C, Staehely Parcel #2-2108-1208 Assessed Value Fixed by Board Council Action Land $5,480 $5,480 Improvements The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Friedman, Handcox, Lebermann, Mayor Pro Tem Love Noes: None Absent: Councilman Binder, Mayor Butler Owen IH. Graham, Jr. Mr. Klitgaard stated that this involved property located at 711 Graham Street and that it had no value other than the duplex. He added that Mr. Graham had told the Board that this rented for $230 a month, and thus far had failed to show a profit. He indicated that the Board had treated this on the basis that it was no different from the other property of its location. He added that this was on quite a narrow street with a unit value of $150 a front foot applied to all the property up and down the street. Councilman Friedman moved that the Council uphold the decision of the Board of Equalization as follows: Description 711 Graham Street 50 x 84 ft. Outlot 52, Division D Parcel #2-1401-0216 Assessed Value Fixed by Board Council Action Land $7,820 $7,820 Improvements The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Friedman, Ilandcox, Lebermann, Mayor Pro Tem Love Noes: None Absent: Mayor Butler, Councilman Binder In response to Mayor Pro Tem Love's question, Mr. Klitgaard stated that the Board heard appeals on 1,100 pieces of property. In response to Councilman Lebermann's question with regard to the fact that none of the three appellants were present, the City Clerk stated that they had been notified. Mr. Klitgaard mentioned that a letter had been transmitted to him from Mr. William F. Turman, representing Austin Investments, Ltd., appealing the Board's decision. Mr. Klitgaard stated that when the Council voted to close any further appeals, this request had been in the City Attorney's office on the same date. He requested that the Council decide whether this should be heard. It was the consensus of the Council that this appeal. be heard on November 21, 1974, at 1:00 p.m. October 31, 1974 CITY OF AUSTIN, TEXAS= :: !! HEARING TO CONSIDER ANNEXATION Mayor Pro Tem Love opened the public hearing scheduled for 1:00 p.m. to consider the annexation of the following: 1,069.71 total acres of land: (reduced to 981.20 acres) 1. 337.66 acres of land out of the Thomas Anderson Survey. Bannockburn, Woodstone, Plumley Addition and unplatted land and portions of Brodie Lane and McCarty Road. (226.83 acres requested by Frontier Trails, Inc., owner, 110.83 acres initiated by City.) 2. 384.32 acres of land out of the Theodore Bissel League and the Thomas Anderson Survey. Oak Plantations, Kincheon Sub- division, Sections 1 and 2, The Sunset Estates, E. E. Cameron Subdivision and unplatted land and Cemetery Road, portions of Brodie Lane and Longview Road. (54.89 acres requested by Oscar W. Holmes, Engineer, representing Nelson Puett, Jr., owner; 329.43 acres initiated by City.) 3. 347.73 acres of land out of the Theodore Bissel League. Shiloh unplatted land and a portion of Manchaca Road. (1.05.53 acres requested by S. A. Garza, Engineer, representing Joe Gilbreth, owner3 242.20 acres initiated by City.) Mr. Dick Lillie, Planning Department Director, reviewed this by stating if that it involved 4 subdivisions; and in order to bring these in, it would be necessary to proceed out from the City limit line. He added that the area immediately surrounding the proposals was under development, and two school sites had been acquired by the Austin Independent School District. He further indicated that there were two water lines in place, Water District 9 and Water District 5. With regard to approval from the departments involved, Mr. Lillie commented that only two had indicated a particular problem with annexation. The Water and Wastewater Department had indicated that much of the area involved was in the Boggy Creek Watershed, which is in the design stage; and the line would be initiated in 1974-75 and open for use two to three years later. The Public Works Department felt that accessibility to the area with respect to refuse collection was an immediate problem. Mr. Lillie pointed out that upon annexation, this would entail the extension of all City codes and ordinances including zoning and building standards, extension of fire and police protection, and extension of refuse collection service. He noted that within 3 years there would be water and wastewater facilities comparable to similar areas within the City. lle noted that if this were to be annexed prior to December 31, 1974, the City taxes would be due and payable by January 1, 1976; but if this were annexed after the first of 1975, taxes would be due and payable January 1, 1977. It was his information that if the City did acquire Water District 9, the water district taxes would no longer be due of the individuals. i CITY OF AUSTIN. TEXAS October 31, 1974 1269 :| :: He recommended that the Council proceed with the annexation; however, he noted that it had been requested by Mr. Buford Stewart that the north half of the Bannockburn Subdivision not be annexed at this time. Ile added that the south half was already final and filed with the County Courthouse, but Mr. Stewart had indicated that there was no immediate need to proceed with annexation on the north half. Mr. Lillie added that this was not surrounded by any property presently annexed by the City. Mr. Woodrow Sledge, representing the Austin Independent School District, felt that the timing was right for this annexation; and he pointed out that it was of no importance to the School District as to whether or not this was done before or after January 13; however, he added that they did need the junior high school. Councilman Lebermann moved that the Council close the public hearing and direct the administration to institute annexation proceedings to annex the afore-mentioned property with the exception of the north half of the Bannockburn Subdivision (for a total acreage of 981.20). The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen landcox, Lebermann, Mayor Pro Tem Love, Councilmen Dryden, Friedman Noes: None Absent: Mayor Butler, Councilman Binder ZONING HEARING Mayor Pro Tem Love opened the public hearing on reconsideration of the following zoning, which was acted on by the Council on October 3, 1974, and passage of the Ordinance: HARRY JOSEPI By Tom Curtis C14-74-129 1116-1124 East 51st Street, also bounded by East 52nd Street From "A" Residence To "GR" General Retail (as amended) RECOMMENDED by the Planning Commission as amended subject to 1/2 the additional right- of-way (5') to increase East 52nd Street to 60' Mr. Don Butler, City Attorney, pointed out that no final action had actually been taken in that the ordinance had not been passed on October 3, 1.974. Mr. Dick Lillie reviewed this by stating that the Council had approved the staff's recommendation; however, there had been a misunderstanding as to what the staff's recommendation had actually been. He noted that the Planning Commission Minutes had reflected that the final recommendation had been "LR" on the entire tract; however, at the meeting it had been suggested that "GR" General Retail. be granted on the south half and "LR" Local Retail on the north half, and that was the basis on which Mr. Curtis had agreed. Mr. Lillie stated that it was their position to recommend "GR" General Retail District on this portion and "LR" Local Retail District on the north half. ۲۰۰۱ CITY OF AUSTIN, TEXAS: October 31, 1974 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: A 1.867 ACRE TRACT OF LAND, FROM "A" RESIDENCE DISTRICT TO "GR" GENERALL RETAIL DISTRICT, SAVE AND EXCEPT THE NORTH 196 FEET WHICH IS HEREBY ZONED FROM "А" RESIDENCE DISTRICT TO "LR" LOCAL RETAIL DISTRICT, LOCALLY KNOWN AS 1116-1124 FAST 51ST STREET AND ALSO BEING BOUNDED BY EAST 52ND STREET; SAID PROPERTY BEING LOCATED IN AUSTIN, TRAVIS COUNTY, TEXAS SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY, Councilman Friedman moved that 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: Councilman Lebermann, Mayor Pro Tem Love, Councilmen Dryden, Noes: Friedman, landcox None Absent: Mayor Butler, Councilman Binder The Mayor Pro Tem announced that the ordinance had been finally passed. RELEASE OF EASEMENTS Councilman Dryden moved that the Council adopt a resolution authorizing release of the following casement: A portion of a public utilities easement five (5.00) feet in width in the 7.00-acre tract of land out of the THOMAS ANDERSON LEAGUE. (Requested by Mr. Ralph W. Harris, Registered Public Surveyor, representing Mr. Cecil A. Hill, owner.) The motion, seconded by Councilman Ilandcox, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Dryden, Friedman, Handcox, Tebermann Noes: None Absent: Mayor Butler, Councilman Binder Councilman Dryden moved that the Council adopt a resolution authorizing release of the following easement: 1.5 feet of the public utilities easement five (5.00) fect in width at the rear of Lot 10, WILSHIRE PARK, said Lot 10, also being known as 4212 Wilshire Parkway. (Requested by Mr. E. E. Beran, Architect, representing Mr. Joseph M. Wilkinson, owner.) The motion, seconded by Councilman Handcox, carried by the following vote: October 31, 1974 1264 CITY OF AUSTIN. TEXAS Ayes: Mayor Pro Tem Love, Councilmen Dryden, Friedman, Handcox, Lebermann Noes: None Absent: Mayor Butler, Councilman Binder Councilman Dryden moved that the Council adopt a resolution authorizing release of the following easement: The main portion of a public utilities easement three (3.00) feet in width along the north line of Lot 13, Block B, BARTON HILLS, SECTION SEVEN. (Requested by Mr. Al Struhall, owner.) The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Dryden, Friedman, Handcox, Lebermann Noes: None Absent: Mayor Butler, Councilman Binder IICENSE AGREEMENTS Councilman Dryden moved that the Council adopt a resolution granting the following license agreement: MR. AL STRUHALL Permitting encroachment by a driveway and wall upon a portion of the public utilities easement seven and one-half (7.50) feet in width at the rear of Lot 13, Block B, Barton Hills, Section Seven, said Lot 13, also being known as 1705 Gaywood Cove. (Requested by Mr. Al Struhall, owner.) The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Dryden, Friedman, Handcox, Lebermann Noes: None Absent: Councilman Binder, Mayor Butler Councilman Dryden moved that the Council adopt a resolution granting the following license agreement: CLEAR CREEK PROPERTIES, INC. Permitting installation of private utilities and carports in the easements for public utilities, drainage, and accessways which cover the common acres and private drives in Greenslopes, Phase 1, a planned unit development (P.U.D.) subdivision. (Requested by DavisWebb Engineering, representing Clear Creek Properties, Inc., owner.) The motion, seconded by Councilman Lebermann, carried by the following vote: :: :: =CITY OF AUSTIN, TEXAS--- October 31, 1974 1265 Ayes: Mayor Pro Tem Love, Councilmen Dryden, Friedman, Ilandcox, Noes: Lebermann None Absent: Councilman Binder, Mayor Butler Councilman Dryden moved that the Council adopt a resolution granting the following license agreement: MR. JAMES P. NASII and NIGHT HAWK FOODS, INC. Permitting continuation of existing improvements over a natural drainage swale on the property owned by Mr. Nash and leased by Night Hawk Foods, Inc., out of the Santiago Del Valle Grant at the northwest corner of the intersection of Shelby Lane and Interstate Highway 35, said property being subject to proposed subdivision called Night Ilawk Addition. (Requested by Mr. James Nash, owner, and Mr. R. Harry Akin, attorney representing Night Hawk Foods, Inc.) The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Dryden, Friedman, Handcox, Lebermann Noes: None Absent: Councilman Binder, Mayor Butler CASH SETTLEMENTS Councilman Lebermann moved that the Council adopt a resolution authorizing cash settlement as follows: NORWALL, INC. 60/40% cash settlement for water and wastewater service installation to Quail Creek West, Phase 2, Section 4. Water: Developer's share at 40% $272.50; City's share at 60% $408.75. Wastewater: Developer's share at 40% $73.00; City's share at 60% $109.50. Total cost of construction $863.75. The motion, seconded by Councilman landeox, carried by the following vote: Ayes: Noes: Absent: Councilmen Dryden, Handcox, Lebermann, Mayor Pro Tem Love Councilman Friedman Councilman Binder, Mayor Butler Councilman Lebermann moved that the Council adopt a resolution authorizing cash settlement as follows: 60/40% J. B. FORD, DAVID D. FORD, and VIRGINIA FORD WOMMACK cash settlement for water and wastewater installation to Ford Village Annex. Water: Developer's share at 40% $355.60; City's share at 60% $533.40. Wastewater: Developer's share at 40% $112.40; City's share at 60% $168.60, Total cost of construction $1,170.00. il ……CITY OF AUSTIN, TEXAS October 31, 1974. 1266 The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Noes: Councilmen Dryden, llandcox, Lebermann, Mayor Pro Tem Love Councilman Friedman Absent: Councilman Binder, Mayor Butler Councilman Lebermann moved that the Council adopt a resolution authorizing cash settlement as follows: TILOMAS REALTY COMPANY 60/40% cash settlement for wastewater main extension to 1.912 Peoples Street. Developer's share at 40% $500.00; City's share at 60% $750.00. Total cost of construction $1,250.00. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Noes: Councilmen Dryden, Handcox, Lebermann, Mayor Pro Tem Love Councilman Friedman Absent: Councilman Binder, Mayor Butler CONTRACTS AWARDED Councilman Friedman moved that the Council adopt a resolution awarding the following contract: DEALERS ELECTRICAL SUPPLY 6714 North Lamar Boulevard Austin, Texas Large Lamps, Central Stores Division. 12-months' supply agreement, Items 1-5 $37,640.00 The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Councilmen Dryden, Friedman, Handcox, Lebermann, Mayor Pro Tem Love Noes: None Absent: Mayor Butler, Councilman Binder Councilman Friedman moved that the Council adopt a resolution awarding the following contract: ROOSTER ANDREWS SPORTING GOODS, INC. 3901 Guadalupe Street Austin, Texas Athletic Equipment, Parks and Recreation Department. Annual supply agreement. Items 1-122 $38,694.75 The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Councilmen Dryden, Friedman, Handcox, Lebermann, Mayor Pro Tem Love Noes: None Absent: Mayor Butler, Councilman Binder October 31, 1974 1267 CITY OF AUSTIN, TEXAS= Councilman Friedman moved that the Council adopt a resolution awarding the following contract: CLARENCE CULLEN COMPANY F.M. Road 967 Rt. 1 Box 182 Buda, Texas Property Clearance Program, Health Department, 12-months' supply agreement, All categories $10,870.00 The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Councilmen Dryden, Friedman, Handcox, Lebermann, Mayor Pro Tem Love Noes: None Absent: Mayor Butler, Councilman Binder DISPOSITION OF PROPERTY Councilman Lebermann moved that the Council adopt a resolution authorizing disposition of property as follows: To be demolished: 15(A) Chicon Street Clarence Cullen Company $191.00 negative bid 1905 Bergman Street William G. Creamer $704,00 positive bid 2104 Bergman Street Wylie W. Bennett $133.00 negative bid To be moved: 24 Lynn Street Action llouse Movers $757.67 positive bid 2007 Bergman Street Southwest-Rathgeber Co. $222.20 positive bid The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilmen Friedman, Handcox, Lebermann, Mayor Pro Tem love, Councilman Dryden Noes: None Absent: Mayor Butler, Councilman Binder APPLICATION TO CONTINUE LUNCHEON PROGRAM FOR ELDERLY Councilman Friedman moved that the Council adopt a resolution authorizing the submission of an application to the Governor's Committee on Aging for funds to continue the Austin-Travis County Luncheon Program for the Elderly. Grant application will be for $133,360, which will be matched by $14,818 of mixed in-kind services and participant donations. Contract period will be from February 1, 1975, to January 31, 1976. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Handcox, Lebermann, Mayor Pro Tem Love, Councilmen Dryden, Friedman Noes: None Absent: Mayor Butler, Councilman Binder i- CITY OF AUSTIN, TEXAS October 31, 1974 1268 APPLICATION TO CONTINUE TRANSPORTATION FOR ELDERLY PROJECT Councilman Friedman moved that the Council adopt a resolution authorizing the submission of an application to the Area Agency on Aging for funds to continue the Transportation for the Elderly Project. Grant application will be for $32,460 with an in-kind match of $3,802 from Parks and Recreation services. Contract period will be from January 1, 1975, to December 31, 1975. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Handcox, Lebermann, Mayor Pro Tem Love, Councilmen Dryden, Friedman Noes: None Absent: Mayor Butler, Councilman Binder HEARING SET TO AMEND HISTORIC ZONING ORDINANCE Councilman Lebermann moved that the Council set a public hearing for November 21, 1.974, at 1:00 p.m. to amend the historic designation section of the Zoning Ordinance. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Councilman Lebermann, Mayor Pro Tem Love, Councilmen Dryden, Friedman, Handcox Noes: None Absent: Mayor Butler, Councilman Binder ACQUISITION OF LAND FOR FLESTA GARDENS Councilman Friedman moved that the Council adopt a resolution authorizing the acquisition of certain land for the expansion of Fiesta Gardens: 2001 Bergman (Arno llarton Estate) The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Dryden, Friedman, Ilandcox, Noes: Lebermann None Absent: Mayor Butler, Councilman Binder Councilman Friedman moved that the Council adopt a resolution authorizing the acquisition of certain land for the expansion of Fiesta Gardens: 1903 Bergman (Faustine Rangel et ux) The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Dryden, Friedman, Handcox, Lebermann Noes: None Absent: Mayor Butler, Councilman Binder : CITY OF AUSTIN, TEXAS October 31, 1974 1269 :: Councilman Friedman moved that the Council adopt a resolution authorizing the acquisition of certain land for the expansion of Fiesta Gardens: 1902 Bergman (Emma Arrevallo) The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Dryden, Friedman, Handcox, Noes: Lebermanη None Absent: Mayor Butler, Councilman Binder ACQUISITION OF LAND FOR MOPAC EXPRESSWAY Councilman Friedman moved that the Council adopt a resolution authorizing the acquisition of 7719 Balcones Drive (A. M. McElroy Estate et al) for the MoPac Expressway. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Dryden, Friedman, Handcox, Noes: Lebermann None Absent: Mayor Butler, Councilman Binder ACQUISITION OF LAND FOR CLIFFORD AVENUE Councilman Friedman moved that the Council adopt a resolution authorizing the acquisition of certain land for widening and paving Clifford Avenue: 750 square feet of land out of Lot 21, lHenry Ulit's Unrecorded Subdivision (C. O. Barker) The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Dryden, Friedman, Ilandcox, Lebermann Noes: None Absent: Mayor Butler, Councilman Binder ACQUISITION OF LAND FOR MUNICIPAL ANNEX Councilman Friedman moved that the Council adopt a resolution authorizing the acquisition of 406 West Second Street (Austin National Bank, Trustee) for the Municipal Annex. The motion, seconded by Councilman Dryden, carried by the Following vote: Ayes: Mayor Pro Tem Love, Councilmen Dryden, Friedman, Handcox, Lebermann Noes: None Absent: Mayor Butler, Councilman Binder CITY OF AUSTIN, TEXAS October 31, 1974 1270 ACQUISITION OF LAND FOR ALAMO PARK Councilman Friedman moved that the Council adopt a resolution authorizing the acquisition of 2100 Alamo Street (Wiley L. Conley, Jr.) for the expansion of Alamo Park. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Dryden, Friedman, Handcox, Lebermann Noes: None Absent: Mayor Butler, Councilman Binder LEGAL DISPOSITION OF SUBSTANDARD STRUCTURES Councilman Handcox moved that the Council approve the recommendations from the Building Standards Commission that the Legal Department take proper legal disposition of the following substandard structures which have not been repaired or demolished within the required time: 3002 South Congress Avenue (R. A. Spears) 7203 Carver Street (Joseph Walker) The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Dryden, Friedman, llandcox, Lebermann Noes: None Absent: Mayor Butler, Councilman Binder NEW LOCATION FOR COUNCIL CHAMBERS In response to Mayor Pro Tem Love's question concerning a date that the Council would move to the new location for Council meetings, City Manager Davidson noted that construction should be completed November 15, 1974, and the Council should be able to meet in the new Chambers on November 21, 1.974. ITEM CONCERNING ENVIRONMENTAL RESOURCE It was noted that Mr. Craig Daugherty, representing the University of Texas City Lobby, had requested to appear before the Council concerning the appointment of a new director of the Environmental Resource Management Department; however, Mr. Arthur Bond appeared in his stead. He stated that he had some thoughts for the Council regarding the appointment as well as thoughts on the Creek Ordinance, which he indicated had been passed on March 7, 1974, in an effort to prevent Austin's creeks from erosion. He felt it was apparent that the Ordinance was not fulfilling its expectations. They called upon the Council to step into this situation and strengthen the weight of the Ordinance by appointing a citizen-oriented head of the Department and by encouraging Mr. Charles Graves, Director of Engineering, to become more attentive to the potential situations for violation of the Ordinance and by providing a channel for citizen input into the current process for granting creek development permits. _ CITY OF AUSTIN, TEXAS October 31, 1974 1271 ii Mayor Pro Tem Love pointed out that the appointment of a new director was a personnel matter to be handled by the City Manager. IMPROVEMENTS TO ALAMO STREET AND OTHER STREETS Mayor Pro Tem Love introduced the following ordinance: AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING AND IMPROVEMENT OF PORTIONS OF CERTAIN STREETS IN THE CITY OF AUSTIN, APPROVING PLANS AND SPECIFICATIONS FOR SUCII WORK, AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR BIDS, DIRECTING THE PREPARATION OF ESTIMATES, INVOKING THE ALTERNATE PROCEDURE PROVIDED BY ARTICLE I, SECTION 5 OF THE CHARTER OF THE CITY OF AUSTIN AND CHAPTER 106 OF THE ACTS OF THE FIRST CALLED SESSION OF THE 40TH LEGISLATURE OF TEXAS, DETERMINING THAT THE COST OF SUCH IMPROVEMENTS SHALL BE PAID BY THE CITY OF AUSTIN, PROVIDING A METHOD OF REIMBUURSING THE CITY OF AUSTIN FOR A PORTION OF SUCH COSTS BY ASSESSMENT OF A PORTION OF SUCH COSTS AGAINST THE PROPERTY ABUTTING SUCH STREETS OR PORTIONS THEREOF TO BE IMPROVED, AND FOR THE FIXING OF A LIEN TO SECURE PAYMENT OF SUCH ASSESSMENTS, STATING THE TIME AND MANNER PROPOSED FOR PAYMENT OF ALL SUCH COSTS, DIRECTING THE CITY CLERK TO CAUSE A NOTICE OF THE ENACTMENT OF THIS ORDINANCE TO BE FILED IN THE MORTGAGE OR DEED OF TRUST RECORDS OF TRAVIS COUNTY, TEXAS, AND DECLARING AN EMERGENCY. and other streets) (Alamo 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 Friedman, carried by the following vote: Ayes: Councilmen Dryden, Friedman, Handcox, Lebermann Noes: None Absent: Councilman Binder, Mayor Butler The Mayor Pro Tem announced that the ordinance had been finally passed. City Manager Davidson took this opportunity to state that bids were He added that expected to be received for construction by December 17, 1974. this represented the first set of assessments to be undertaken as described by what Council has called the "llandeox Plan," PAVING EAST 51ST STREET Mayor Pro Tem Love introduced the following ordinance: AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING PORTIONS OF EAST 51ST STREET, IN THE CITY OF AUSTIN, TEXAS, WITHIN THE LIMITS HEREINBELOW DEFINED, PERFORMED BY TERRY EDWARDS CONSTRUCTION COMPANY; AUTHORIZING AND DIRECTING THE ISSUANCE OF SPECIAL ASSESSMENT CERTIFICATES IN CONNECTION THEREWITH DECLARING AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS PASSAGE. (Contract No. 73-Pa-1.21) CITY OF AUSTIN. TEXAS- October 31, 1974 1272 Councilman Friedman moved that the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance effective immediately. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Friedman, Handcox, Lebermann, Mayor Pro Tem Love Noes: None Absent: Mayor Butler, Councilman Binder The Mayor Pro Tem announced that the ordinance had been finally passed. I! AMENDMENTS TO ZONING CODE Mayor Pro Tem Love introduced the following ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 740912-D, ENACTED BY THE CITY COUNCIL ON SEPTEMBER 1.2, 1974, BY CORRECTING THE USE DESIGNATION OF THE PROPERTY ZONED BY SAID ORDINANCE; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. (C14-74-105) Councilman Friedman moved that the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance effective immediately. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Friedman, Handcox, Lebermann, Noes: Mayor Pro Tem Love None Absent: Mayor Butler, Councilman Binder The Mayor Pro Tem announced that the ordinance had been finally passed. Mayor Pro Tem Love introduced the following ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 681205-B, ENACTED BY THE CITY COUNCIL ON DECEMBER 5, 1968, BY CORRECTING THE LEGAL DESCRIPTION OF THE PROPERTY DESCRIBED IN ZONING FILE C14-68-224; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. Councilman Friedman moved that the Council waive the requirement for three readings, declare an emergency and finally pass the ordinance effective immediately. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilmen Dryden, Friedman, Handcox, Lebermann, Mayor Pro Tem Love Noes: None Absent: Mayor Butler, Councilman Binder The Mayor Pro Tem announced that the ordinance had been finally passed. : :: ! = CITY OF AUSTIN, TEXAS October 31, 1974 1273 APPROACH MAIN CONTRACT Mayor Pro Tem Love introduced the following ordinance: AN ORDINANCE AUTHORIZING THE CITY MANAGER OR THE DEPUTY CITY MANAGER TO ENTER INTO A CERTAIN REFUND CONTRACT WITH H. R. BENTLEY. (Glencliff Subdivision) The ordinance was read the first time, and Councilman Dryden moved the ordinance be passed to its second reading. The motion, seconded by Councilman llandcox, carried by the following vote: Ayes: Councilmen Handcox, Lebermann, Mayor Pro Tem Love, Councilman Dryden Noes: Councilman Friedman Absent: Mayor Butler, Councilman Binder REFUND CONTRACTS Mayor Pro Tem Love introduced the following ordinance: AN ORDINANCE AUTHORIZING THE CITY MANAGER OR THE DEPUTY CITY MANAGER TO ENTER INTO CERTAIN REFUND CONTRACTS WITH M. H. FLOURNOY AND H. R. BENTLEY. (Flournoy's Sweetbriar, Section 1l, Subdivision; Glencliff Subdivision) The ordinance was read the first time, and Councilman Dryden moved the ordinance be passed to its second reading. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen liandcox, Lebermann, Mayor Pro Tem Love, Councilman Dryden Noes: Councilman Friedman Absent: Mayor Butler, Councilman Binder 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: THE NORTH 62.62 FEET OF LOT 2-A OF THE RESUBDIVISION OF LOT A, MANCHACA ROAD ADDITION, LOCALLY KNOWN AS 2001-2005 FORT VIEW ROAD AND 4300 MANCHACA ROAD, FROM "C" COMMERCIAL DISTRICT TO "C-1" COMMERCIAL 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. (Scholars Inn, Inc., C14-74-122) Councilman Friedman moved that 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 llandcox, Lebermann, Mayor Pro Tem Love, Noes: Councilmen Dryden, Friedman None Absent: Mayor Butler, Councilman Binder -CITY OF AUSTIN, TEXAS October 31, 1974 1274 The Mayor Pro Tem announced that the ordinance had been finally passed. CITY MANAGER REPORTS City Manager Davidson took this opportunity to announce that he had distributed information to the Council and press concerning the results of the storm this morning as well as information having to do with a survey giving a tabulation of the various categories of City employees as compared to other periods in the past. It was noted that Mr. Davidson had been in New York City with the bond rating people. Mr. Davidson stated that they had been aware of the problems Austin had faced in connection with the energy crisis, gas shortage, and increase in prices, that not only the City was facing but the rate payers. felt that they were very pleased with a large number of decisions made by the Council such as the following: 1. To firm up additional gas purchases. He 2. To expand fuel oil storage to 20 million gallons and fill tanks with an existing and future contract to keep them full, 3. Action being taken before the Texas Railroad Commission in connection with Austin's present gas supplier, 4. 5. 6. Rate increase authorized by Council in connection with electric, water and wastewater utilities, Tax reduction of 8 cents, which is the largest tax reduction in about 20 years for Austin, The 1.1-member committee report and the approval by the Council of a new policy in connection with refund contracts and other subdivision policies. Mr. Davidson felt that overall Austin had a very good report, but he did not have the results as yet as to whether or not this would result in a change in Austin's bond rating; however, he felt that they were impressed with the City of Austin, PROPOSED ORDINANCE CONCERNING CODE OF ETHICS AND FINANCE DISCLOSURE Councilman Friedman discussed this by noting that it had originally been intended that there be two ordinances; but by the time he had finished drafting it and working out the different paragraphs, he decided to make it into one proposed ordinance establishing a Code of Ethics for the City of Austin, providing standards of conduct; and requiring the filing of financial activity statements, providing penalties, and providing a severability clause. He stated that copies had been distributed to the Council, and he added that the purpose of this proposed ordinance was for a preventive measure so that the public could be aware of what was going on. CITY OF AUSTIN, TEXAS- October 31, 1974 1275 Councilman Friedman moved that the Council set a public hearing for November 21, 1974, at 2:30 p.m. to consider the proposed ordinance. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilman Lebermann, Mayor Pro Tem Love, Councilmen Dryden, Friedman, Handcox Noes: None Absent: Mayor Butler, Councilman Binder REPORT CONCERNING CIIRISTMAS LICHTING Mr. Randy Turner, Administrative Assistant, appeared before the Council concerning a report from the Energy Conservation Commission with regard to Christmas lighting. He stated that the Commission's Chairman, Mr. Richard E. Whorrall, was unable to attend due to illness; and he listed the following recommendations of the Commission: 1. The lighting of the giant Christmas tree in Zilker Park from dusk until 9:30 p.m. from December 1.4-25, 2. The lighting of Congress Avenue and a portion of 6th Street from dusk until 9:30 p.m. from November 27-December 25, 3. The lighting of Yule Fest and Garden Center from December 18-23. Mr. Turner pointed out that the City would realize a 95% reduction in energy consumed over the 1972 level. He added that the Commission felt that this proposal was a sensible approach and was consistent with Austin's conservation efforts. In response to Councilman Friedman's question, Mr. Turner listed the following as being recommended for elimination of lighting: 1. Three electric power facilities. 2. Four libraries. 3. Twelve fire stations. 4. Three bridges. 5. Three water filter plants. 6. Water and Sewer Service Building. 7. Water and Wastewater Administration Building. 8. Parks and Recreation Department Administration Building. 9. Doris Miller Auditorium 1.0. Urban Transportation Building. 11. Municipal. Building. ... CITY OF AUSTIN, TEXAS October 31, 1974 1276 12. Robert Mueller Airport. 13. Brackenridge Hospital.. Mr. Turner further indicated that the greatest reduction was in operating hours. Councilman Lebermann moved that the Council accept the report and adopt the recommendations of the Commission. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Dryden, Friedman, llandcox, Lebermann Noes: None Absent: Mayor Butler, Councilman Binder Mayor Pro Tem Love announced that the Council would go into Executive Session in the Electric Building Conference Room as authorized by Section 2, Paragraph (f) of Article 6252-17, Texas Revised Civil Statutes. The Council recessed at 2:15 p.m. to go into Executive Session. EXECUTIVE SESSION ACTION Mayor Pro Tem Love called the meeting to order at 2:25 p.m. and noted that the Council had been in Executive Session and that land acquisition was discussed and was now before the Council for action. Councilman Friedman moved that the Council adopt a resolution instructing the City Manager to acquire drainage easements, where necessary, along and through the East branch of Johnson Creek downstream from Missouri Pacific Boulevard to, if necessary, Enfield Road, in an effort to alleviate the flooding problem at the present time. The motion, seconded by Councilman Lebermann, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Dryden, Friedman, Handcox, Lebermann Noes: None Absent: Councilman Binder, Mayor Butler ATTEST: ADJOURNMENT The Council adjourned at 2:30 p.m. Grace Monir City Clerk APPROVED Mavor Pro Tem