CITY OF AUSTIN, TEXAS こ MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting April 10, 1975 1:00 Ρ.Μ. Council Chambers 301 West Second Street The meeting was called to order with Mayor Butler presiding. Roll Call: Present: Councilmen Binder, Friedman, Snell, Mayor Butler, Mayor Pro Tem Dryden Absent: Councilman Lebermann The Invocation was delivered by REVEREND BEN MAGEE, Westlake United Methodist Church. OATH OF OFFICE Representative Sarah Weddington swore in the newly elected Councilperson Dr. Emma Lou Linn. Upon taking the oath of office, Councilperson Dr. Linn took the opportunity to thank all those who had worked so hard for her during the campaign. She promised that she would serve them well. APPROVAL OF MINUTES Mayor Pro Tem Dryden moved that the Council approve the Regular Meeting Minutes of April 3, 1975, and the Special Meeting Minutes of April 7, 1975. The motion, seconded by Councilman Friedman, carried by the following vote: Ayes: Mayor Butler, Councilman Binder, Mayor Pro Tem Dryden, Councilmen Friedman, Snell Noes: None Abstain: Councilperson Lianl..... Absent: Councilman Lebermann 23 CITY OF AUSTIN, TEXAS April 10, 1975 318 AUSTIN DISTRICT SPECIAL OLYMPICS WEEK Mayor Butler read and then presented a proclamation to Todd Hunt and other Texas Cowboys, proclaiming the week of April 13-19, 1975, as "Austin District Special Olympics Week" and called on all residents to join the Council in applauding these special contestants to a victory far greater than athletic achievement a victory of spirit which wins in all events. Mr. Hunt thanked the Council and noted that the track and field meet would be held on April 19 from 9:30 a.m. to 3:30 p.m. at Veterans Field at McCallum High School, with tickets costing $1.00. FOOD DAY Mayor Butler read and then presented a proclamation to Mr. Andy Preziosi and Ms. Audry Egers, proclaiming April 17, 1975, as "Food Day" and urged all citizens to join the effort by the Center for Science in the Public Interest and the Texas Public Interest Research Group in making everyone aware of the food problems in America and the world. Mr. Preziosi thanked the Council and noted that they had plans to distribute information on nutrition to the local community service centers. MEDICAL LABORATORY WEEK Mayor Butler read and then presented a proclamation to Mr. Don James, proclaiming the week of April 13-19, 1975, as "Medical Laboratory Week" and urged all citizens to recognize and support the vital service provided by the Medical Laboratory for the benefit of all citizens. Mr. James thanked the Council for the proclamation and their cooperation. RECOGNITION Mayor Butler read and then presented a resolution signed by the Council to Ms. Margaret Louise Hill in recognition of her donation of 1.5 acres of land along Shoal Creek as parkland for the continued use and enjoyment of the citizens of Austin and for the example she has set for other concerned citizens in permanently protecting a portion of Shoal Creek for recreational use. She thanked the Council and presented the Mayor with the signed deed. HEARING ON ORDINANCE PROHIBITING ENTERING BARTON CREEK Mayor Butler opened the public hearing scheduled for 1:00p.m. on an ordinance prohibiting entering Barton Creek. Dr. David Block noted that this ordinance was passed in 1970 and prohibited swimming, bathing, wading, or entering the waters of Barton Creek, except Barton Springs swimming pool. He submitted that for the most part, pollution was minimal; there were laws against public nudity; and accessibility was no longer a problem. Since the swimming pool was going to be closed for the rest of the summer, he requested that this ordinance be repealed and the Council allow free access to the Creek with a minimum of restrictions and recognizing potential dangers in the area such as Campbell's Hole by putting up signs. CITY OF AUSTIN, TEXAS April 10, 1975 In response to Mayor Pro Tem Dryden's comment that there had been the view expressed by Mr. Jack Robinson, Parks and Recreation Director, that Campbell's Hole was dangerous, Dr. Block pointed out that this was the only place where the water was deep enough to swim. He felt that the main danger was for short periods of time after a large rain, and the water was cloudy. Mr. Robinson noted that many accidents had occurred not only when the water was murky but also when it was quite clear. He stated that he had serious reservations about wading below the swimming pool between the pool and Town Lake and also immediately above the pool. He suggested that if a portion of the ordinance was repealed, it should retain about 100 yards upstream of the pool that would not be for swimming or wading. There was discussion concerning the actual danger at Campbell's Hole. Councilman Friedman felt that this area was not attracting a lot of younger children; but if this was a problem area, he felt signs would be helpful. Councilman Binder suggested that there be signs to read "No Diving." MS. CHRIS HOFFNAGLE, resident in Barton Hills, requested that the ordinance be changed. MR. R. C. LANE hoped that the Council would open this area up and let the young people have a "real free" swimming pool. He noted that in all his years he had never remembered anyone being killed. Mayor Butler introduced the following ordinance: AN ORDINANCE AMENDING CHAPTER 29 OF THE AUSTIN CITY CODE OF 1967, SECTION 29-10.1 BY AMENDING SAID SECTION; PROVIDING FOR SWIMMING IN CERTAIN AREAS OF BARTON CREEK; PROVIDING FOR A PROHIBITION AGAINST DIVINGG IN A CERTAIN AREA; PROVIDING AN EFFECTIVE DATE; WAIVING THE RULE REQUIRING THAT ORDINANCES BE READ ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. Mayor Pro Tem Dryden 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 Binder, carried by the following vote: Ayes: Councilperson Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilmen Friedman, Snell, Mayor Butler Noes: None Absent: Councilman Lebermann The Mayor announced that the ordinance had been finally passed. HEARING CONCERNING RENAMING OF 19TH STREET Mayor Butler opened the public hearing scheduled for 1:00p.m. to consider changing the remainder of 19th Street from I. H. 35 to Lamar Boulevard to Martin Luther King Boulevard. L CITY OF AUSTIN, TEXAS April 10, 1975 320 The following appeared in opposition to the proposal: MR. HOWARD A. KING, 1720 Fawn Drive, opposed the proposal and suggested that the Council rescind the April 3 renaming of 19th Street from I. H. 35 to Ed Bluestein Boulevard and substitute some honor such as renaming for a day or present a proclamation worthy of the man. He submitted that if this was permitted to remain, then he, as an American Indian, requested that the Council honor and recognize some red American, by permanently renaming some major crosstown street on some appropriate anniversary. He suggested that the Mexican-American minority shared the feeling that honor and recognition should be given to some brown American in the permanent renaming of some major crosstown street. He submitted that if this permanent renaming precedent was permitted to stand and if this request was refused, he had no alternative but to file a class action discrimination suit with the appropriate local, state, or federal agency. Councilman Binder took this opportunity to note that there had been a new proposal that MoPac Boulevard be considered for the renaming. Motion In view of the afore-mentioned proposal, Councilman Snell moved that the Council delay this until next week in order to meet with the group that originally suggested this, the Austin Black Assembly. Councilman Binder seconded the motion. Mayor Butler pointed out that the Council had just received a memorandum from the City Manager pointing out some of the factors and expenses involved in the renaming, of which the Council was not aware. Withdrawal of Motion In view of the response from the audience when the motion was made, Councilman Snell withdrew his motion to give the people a chance to speak. Mayor Butler reviewed the memorandum from the City Manager, which pointed out disadvantages in connection with the 19th Street proposal: 1. A number of property owners would object to the proposal because of the inconvenience and expense caused as a result of any street name change. 2. There were suggestions from staff that a more important facility be named for Dr. King such as Parks facilities, Branch Libraries, or any one of unnamed projects. 3. According to the Texas Highway Department, the renaming would require that the state spend in excess of $200,000 on I.H. 35 to construct new supports for such a large sign. 4. An additional expense would be required by the City for the replacement of existing street name signs, for an extended cost of $3,500 to $4,000. CITY OF AUSTIN, TEXAS April 10, 1975 321 It also pointed out advantages in connection with the MoPac proposal: 1. Property owners abutting this facility have not yet assumed an address that would utilize the name "MoPac," 2. MoPac runs throughout most of Austin in a north-south direction, and some would feel that the location of a facility to be named would be more appropriate if it was not within the heart of the black community. 3. The City and Highway Department would not experience additional sign costs for replacement of existing signs. After discussion, the hearing resumed: MS. NANCY RODDY appeared in opposition, noting that she respected Dr. King during his lifetime for his accomplishments and respected his memory. However, she felt 19th Street was part of Austin's history just as Congress, Red River, and Guadalupe were. As a nurse, she believed that the memory of Dr. King would be better preserved if the money this would require were used for a piece of life-saving equipment in the emergency room. MR. ERNEST HARRIS pointed out that the east-west streets were in numbers and felt that it should be left as it was. MR. BERT JOHNSON, property owner on 19th, submitted that the change would He be an inconvenience as far as the printing of sacks for his carry-out food. suggested that this item be tabled and noted that he was not against Dr. King nor was he against the naming of a new street after him in that there would not be the expense of changing addresses. MR. HARRIS JOHNSON, property owner on 19th, estimated that it would cost him $900 to order new computer paper with the corrected address; and he checked with the Post Office and was told they would forward first-class mail for one year and magazines for 90 days. He estimated his overall cost to be $3,000 and pointed out that there were about 55 businesses on West 19th that would face a similar situation. MR. DAVID BELL, owner of a business at 1230 West 19th, resented the implication that by opposing the name change, he was considered a bigot, which he submitted was not the case. He did not oppose the naming of a street after Dr. King to honor him, but he opposed the fact that this was occurring out of procedure. He submitted that in a normal situation the renaming required a petition signed by all property owners on the street. He suggested that in this instance this was certainly not the case. MS. ISABELLE HANOVER, representing a firm owning property on 19th, objected to the renaming in that it would be a definite expense to their business. As a citizen, she objected to the change in numbering. She felt that the MoPac proposal was excellent. MR. CHARLES A. BURTON, owner of property on West 19th, had no objection to naming MoPac, a library, or any other structure in Dr. King's honor; but he questioned why the Council would want to impose on those who objected to change of name on property that they had paid taxes on for a long period of time. He opposed the change of name from I.H. 35 to Lamar. - こ CITY OF AUSTIN, TEXAS April 10, 1975 MR. JOHN D. HUBBARD objected to the length of the name and suggested King Boulevard. MR. RICHARD KUNZE, business owner on West 19th, noted that any change was not only a great expense but would entail a lot of time in trying to get his business re-established with a new address. A gentleman noted that Dr. King was a wonderful man and stood for all races of people. He felt that the people owning property on 19th had the privilege of expressing their opinions. He suggested that what was more important than naming a street after him was to practice what Dr. King stood for. He submitted that 19th was an old street and that it should not be changed to honor an individual and suggested that it shouldbbe something more important. 322 MR. JAMES JOSEPH wanted to see something named after Dr. King but not a traffic artery. He suggested a park or a library. MR. JACK RIFFLE, 706 West 19th, was not against naming a street, building, park, or anything else after Dr. King; but he submitted that if this was changed, it would be quite a personal expense to him. He stated that he did business with about 75 firms all over the United States; and if his address was changed, he would have to contact all these people. He wanted the Council to take some affirmative action today on this, but he suggested that the Council consider either a new street or new project of some type. He felt that it might solve a lot of problems. MR. MARION FINDLAY, owner of an office building at 910 West 19th, regretted that those who favored this had adopted the attifude that those in opposition were in opposition because of the individual. He submitted that if the Council were to propose to change the name to Thomas Jefferson Boulevard, he would still be in opposition. He noted that the property owners, for the vast majority, opposed this change. He felt that it seemed from the testimony that most who were favoring this would not be directly effected and would not suffer any adverse economic effects. He also suggested that this would be establishing a very dangerous precedent. He concluded that no action today would not detract fromt the position Dr. King occupied in American history. MR. JIM DODD, owner of property at 706 West 19th, wanted to honor Dr. King but he felt the best wayywas not to cause expenses that did not have to be incurred. He suggested that the new City library or MoPac could be named and properly honor him. He called on the Councill to figure this out and honor him in the best way possible. MS. LILLIAN CHIEES felt that this was a bad precedent and was a costly procedure. She suggested that a new street be named to avoid problems. MR. JOE BENSON, owner of a business at 601 West 19th, suggested that there were more major thoroughfares that could be changed such as MoPac. He felt Dr. King would be upset to see money being spent in such a wasteful way. CITY OF AUSTIN, TEXAS April 10, 1975 こ The following appeared in support of the proposal: MR. IRA POOL, 2400 East 19th, stated that he would have to change his stationery but did not mind because Dr. King deserved such a change in that he was a man who stood for humanity. He noted that he had been opposed to the partial naming last week. In Mayor Butler noted that Mr. Pool had asked the administration last week if there were any plans to widen 19th Street by 30 feet. Mayor Butler stated that according to the City Manager, there was no plan of this nature. response to Mr. Pool's remark that he had seen plans, City Manager Davidson pointed out that the Master Plan did have a provision that 19th Street would be some arterial for some day in the future; but he stated that there was no project in the 5-year Capital Improvements Program to widen and reconstruct 19th Street. MS. DELORES DUFFIE did not understand what the problem was and submitted that the money spent on hike and bike trails could have also been spent for hospital equipment. She felt that this proposal did not involve such a great deal of money. A gentleman suggested that at income tax time any expense incurred by the property owners would be written off. He spoke to the issue that this street was part of Austin's heritage. He submitted that every time property was taken to put in MoPac and I.H. 35, heritage was destroyed. A member of the Austin Black Assembly pointed out that Dr. King marched in the streets, and this was symbolic. He joined those in support of this and suggested that it would be abbeginning for the rest of the state. MR. VOLMA OVERTON, President of the Austin NAACP, asked that the Council consider the minority's opinion and urged that they change the remainder from I.H. 35 to Lamar and to the east City limits. MR. JOEL BENNETT felt that expenses was one of the risks in putting in a business, and he felt that this happened to be dne for a good cause. apologized, but he took offense at the opposition. He MS. LINDA HUNTER, member of the Austin Black Assembly, felt that the City always managed to come up with money whenever something else was involved. She did not feel that the amount of money involved in this was important because Dr. King was a man who gave his life fortthe rights of everyone, and he did not think that was too much. She did not believe the numbering of the streets was that important. She urged that the Council name the entire street and not have it segmented. MR. LARRY JACKSON urged the Council to vote in favor of naming 19th Street and asked that the Council instruct the City Manager to have the appropriate signs erected before or around May 15. Councilman Binder took this opportunity to note that before the streets were numbered, they had names. CITY OF AUSTIN, TEXAS April 10, 1975 324 こ MR. PETER W. DAVIS did not believe the businessmen would alienate half the people in town by opposing this, and he stated that he had spent his last dollar on West 19th. MR. STEVE MCGUIRE felt that this was racism and stated that he had never seen so much "uproar" over the naming of a street. MS. IMOGENE POLK stated that she was raised on 18th Street and was appalled at the reaction. She pointed out that the majority of the people in East Austin had asked for this, and she submitted that they were part of Austin and had the right to ask things from the Council. She requested that the rest of the street be named. MR. JOHN D. HANSEN, KUT-FM Radio Station, put his faith into this because he felt it should have been named a long time ago; and the issue was to name 19th Street and not a library. A gentleman noted that he was a businessman in Austin but not on 19th Street. He felt that there was no more symbolic street in that it ran through the University area, and he suggested that it was the college students who carried his spirit. Motion Councilman Snell moved that the Council close theepublic hearing and name the entire street Martin Luther King, Jr., Boulevard. The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Councilmen Friedman, Snell, Councilperson Linn, Councilman Binder Noes: Mayor Pro Tem Dryden, Mayor Butler Absent: Councilman Lebermann After the motion had been made, Mayor Pro Tem Dryden stated that he agreed with a lot of the people and felt that a lot of good points had been brought out. He was sure that there was not one person in the audience who would not hesitate to honor Dr. King, and there was question in his mind as to whether it would be more of an honor to name 19th Street or MoPac. He suggested that naming MoPac was a legitimate alternative for everyone to at least think about and hoped everyone would do the right thing. Councilman Binder pointed out that less then 53 streets were numbered streets. In regard to comments that only the taxpayers should be effected, he stated that 19th Street was a street that effected the entire City and not just the people on it. He submitted that it was obvious that people did want to honor Dr. King, but there were legitimate differences of opinion on what should be named. He hoped those on both sides would not view this as being discriminatory. Mayor Butler prefaced his negative vote by stating that he was in favor of honoring Dr. King, but he did not believe naming 19th Street was the only way. He felt that a street should not be renamed where the majority of the property owners were opposed to it. こ CITY OF AUSTIN, TEXAS April 10, 1975 Councilperson Dr. Linn prefaced her affirmative vote by stating that one boulevard had already been named for a man (Ben White Boulevard), (Note: Transcript on file in the City Clerk's Office.) REPORT ON MOPAC RAMPS City Manager Davidson noted that the staff had been meeting with representatives of the Highway Department and residents along the various exits, and it became apparent to everyone involved that the City should have the opportunity to review some of the traffic projections and figures presented to the Council with people in these areas before any kind of report was formalized for the Council. Therefore, he requested that there be a two-week delay before this is presented to the Council. He noted that Mr. Terry Bray, attorney for the Windsor Road group, concurred in this request. Councilman Binder moved that the Council postpone this matter for two weeks. The motion, seconded by Councilman Snell, carried by the following vote: Ayes: Councilman Snell, Mayor Butler, Councilperson Linn, Councilman Binder Noes: None Absent: Councilman Lebermann Not in Council Chamber when roll was called: Councilman Friedman, Mayor Pro Tem Dryden RELEASE OF EASEMENT Councilman Binder moved that the Council adopt a resolution authorizing release of the following Easement: The east 137.83 feet of the Public Utilities Easement ten feet in width centered on the common lot line between Lots 17 and 18, Block "A" of NORTHWOOD, a subdivision. (Requested by Mr. William M. Brooks, Registered Public Surveyor representing Mr. John R. Zarsky and Northwood Development Corporation, owners of Lots 17 and 18) The motion, seconded by Councilman Snell, carried by the following vote: Ayes: Councilman Snell, Mayor Butler, Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden Noes: None Absent: Councilman Lebermann Not in Council Chamber when roll was called: Councilman Friedman CITY OF AUSTIN, TEXAS April 10, 1975 326 こ COST DIFFERENCE PAYMENTS Councilman Binder moved that the Council adopt a resolution authorizing payment to the following: SAFEWAY STORE INC., the cost difference of 12"/8" water main installed to serve Safeway Addition No. 4 - $1,960.35. The motion, seconded by Councilperson Dr. Linn, carried by the following vote: Ayes: Mayor Butler, Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilman Snell Noes: None Absent: Councilman Lebermann Not in Council Chamber when roll was called: Councilman Friedman Councilman Binder moved that the Council adopt a resolution authorizing payment to the following: AUSTEX DEVELOPMENT COMPANY, LTD., the cost difference of 12"/8" water and wastewater mains installed in The Village at Quail Creek $10,669.84. The motion, seconded by Councilperson Dr. Linn, carried by the following vote: Ayes: Mayor Butler, Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilman Snell Noes: None Absent: Councilman Lebermann Not in Council Chamber when roll was called: Councilman Friedman Councilman Binder moved that the Council adopt a resolution authorizing payment to the following: D. L. WEST and D. L. LEACH, the cost difference of 12"/8" water main in Buckingham Estates Commercial Area $4,051.21. The motion, seconded by Councilperson Dr. Linn, carried by the following vote: Ayes: Mayor Butler, Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilman Snell Noes: None Absent: Councilman Lebermann Not in Council Chamber when roll was called: Councilman Friedman Councilman Binder moved that the Council adopt a resolution authorizing payment to the following: BILL MILBURN, INC. the cost difference of 12"/8" water main installed in Vista West IV Subdivision - $7,340.13. こ CITY OF AUSTIN, TEXAS April 10, 1975 The motion, seconded by Councilperson Dr. Linn, carried by the following vote: Ayes: Mayor Butler, Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilman Snell Noes: None Absent: Councilman Lebermann Not in Council Chamber when roll was called: Councilman Friedman CASH SETTLEMENTS Mayor Pro Tem Dryden moved that the Council adopt a resolution authorizing cash settlement as follows: DON L. WEST and D. L. LEACH 60%/40% cash settlement with City's 60% not to exceed $5,000.00. (Total cost $10,728.59) The motion, seconded by Councilman Snell, carried by the following vote: Ayes: Mayor Butler, Councilman Binder, Mayor Pro Tem Dryden, Councilman Snell Noes: Councilperson Dr. Linn Absent: Councilman Lebermann Not in Council Chamber when roll was called: Councilman Friedman Mayor Pro Tem Dryden moved that the Council adopt a resolution authorizing cash settlement as follows: R. W. DAILY 60/40% cash settlement for water and wastewater utility installation. (Total cost $2,395.09 - City's share at 60% $1,437.05; Developer's share at 40% $496.33) The motion, seconded by Councilman Snell, carried by the following vote: Ayes: Mayor Butler, Councilman Binder, Mayor Pro Tem Dryden, Noes: Councilman Snell Councilperson Dr. Linn Absent: Councilman Lebermann Not in Council Chamber when roll was called: Councilman Friedman CONTRACTS AWARDED Mayor Pro Tem Dryden moved that the Council adopt a resolution awarding the following contracts: Bid Award Surveying Equipment for Water and Wastewater Department. BURK'S REPRODUCTION AND Items 3, 4, 5, 6, and 9 $7,663.35. SUPPLY COMPANY 4402 North Lamar Boulevard Austin, Texas CITY OF AUSTIN, TEXAS. April 10, 1975 328 こ MILLER BLUE PRINT 501 West 6th Street Austin, Texas - Items 1, 2, 7, 8, 10, 11, 12, and 13 $1,972.08. The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilman Snell, Mayor Butler Noes: None Absent: Councilman Lebermann Not in Council Chamber when roll was called: Councilman Friedman Mayor Pro Tem Dryden moved that the Council adopt a resolution awarding the following contract: ROHAN COMPANY 7620 Grissom Road San Antonio, Texas - 16" Gate Valves, Water Distribution Division Item 7; 5 ea. @ $1,429.52 Total $7,147.60 The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilman Snell, Mayor Butler Noes: None Absent: Councilman Lebermann Not in Council Chamber when roll was called: Councilman Friedman Mayor Pro Tem Dryden moved that the Council adopt a resolution awarding the following contract: SUPPLY COMPANY BURK'S REPRODUCTION AND 4402 North Lamar Austin, Texas - Surveying Equipment, Wastewater Collection. Items 1-4 - $5,297.24 The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilman Snell, Mayor Butler Noes: None Absent: Councilman Lebermann Not in Council Chamber when roll was called: Councilman Friedman Mayor Pro Tem Dryden moved that the Council adopt a resolution awarding the following contract: STIEFER PAINTING & CONTRACTING COMPANY, INC. P. 0. Box 9924 Municipal Court Alterations - $23,625.00. Austin, Texas ت =CITY OF AUSTIN, TEXAS April 10, 1975 The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilman Snell, Mayor Butler Noes: None Absent: Councilman Lebermann Not in Council Chamber when roll was called: Councilman Friedman Mayor Pro Tem Dryden moved that the Council adopt a resolution awarding the following contract: Bid Award: THE WHALE 1906 Guadalupe Austin, Texas Work Uniforms, Public Works Department Items 1 and 4 $7,170.00 The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilman Snell, Mayor Butler Noes: None Absent: Councilman Lebermann Not in Council Chamber when roll was called: Councilman Friedman Mayor Pro Tem Dryden moved that the Council adopt a resolution awarding the following contract: KUSTOM SIGNALS, INC. 1010 West Chestnut Traffic Radar, Police Department Chanute, Kansas Item 1; 4 ea. @ $1,695.00 Total $6,780.00 The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Counttlman Snell, Mayor Butler Noes: None Absent: Councilman Lebermann Not in Council Chamber when roll was called: Councilman Friedman Mayor Pro Tem Dryden moved that the Council adopt a resolution awarding the following contracts: Bid Award: COMMERCIAL BODY CORPORATION Fifth at Pedernales Austin, Texas Truck Bodies and Equipment, Several City Departments Items 1, 5, 7-9, 11-14, 16, 21, 22, 24, 27, 28 and 30 $146,746.00 こ TRUCK SPECIALTY INDUSTRIES 6540 South Interregional Austin, Texas CITY OF AUSTIN, TEXAS April 10, 1975 مت - Items 2-4, 6, 19, and 31 $18,345.50 HOBBS TRAILERS - Items 15, 32 - $8,743.35 6700 South Flores San Antonio, Texas ARLINGTON EQUIPMENT COMPANY 5111 Industrial Court Item 10 $20,880.00 Arlington, Texas WESTBROOKS HYDRAULIC Item 18 - $12,752.73 EQUIPMENT SERVICE COMPANY 2012 Sheppard Access Road Wichita Falls, Texas TV PIPE INSPECTION COMPANY 3001 Canal Street Item 20 $11,506.00 Houston, Texas DAVIS TRUCK & EQUIPMENT COMPANY Item 26 - $56,700.00 Interstate Highway 35 Waco, Texas R. E. WELCH EQUIPMENT SALES 701 South Key Avenue Item 29 $10,400.00 Lampasas, Texas The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilman Snell, Mayor Butler Noes: None Absent: Councilman Lebermann Not in Council Chamber when roll was called: Councilman Friedman Mayor Pro Tem Dryden moved that the Council adopt a resolution awarding the following contract: CENTEX MATERIALS, INC. (Travis Division) 55 North I.H. 35 Austin, Texas Sandy Loam Topsoil for Lions Municipal Golf Course, Parks and Recreation Department 10,000 cubic yards at $1.98/cubic yard $19,800.00 The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilman Snell, Mayor Butler Noes: None Absent: Councilman Lebermann Not in Council Chamber when roll was called: Councilman Friedman こ 33/ _ CITY OF AUSTIN, TEXAS. April 10, 1975 Mayor Pro Tem Dryden moved that the Council adopt a resolution awarding the following contract: AUSTIN CONCRETE WORKS, INC. 801 Airport Boulevard Austin, Texas - Concrete Pipe 12 Months Supply Agreement Items 1 through 21 - $26,698.00 The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilman Snell, Mayor Butler Noes: None Absent: Councilman Lebermann Not in Council Chamber when roll was called: Councilman Friedman Mayor Pro Tem Dryden moved that the Council adopt a resolution awarding the following contract: ELGIN-BUTLER BRICK COMPANY 4000 North Interregional Highway Austin, Texas Three Hole Bricks 12 Months Supply Agreement Item 1 $8,250.00 The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilman Snell, Mayor Butler Noes: None Absent: Councilman Lebermann Not in Council Chamber when roll was called: Councilman Friedman REJECTION OF BID ITEMS Mayor Pro Tem Dryden moved that the Council reject bid items as follows: Bid Award Reject Items 2, 3, 5 and 6. Work Uniforms, Public Works Department The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilman Snell, Mayor Butler Noes: None Absent: Councilman Lebermann Not in Council Chamber when roll was called: Councilman Friedman PARKING CONSULTANT SERVICES Councilman Binder moved that the Council select the firm of APCOA (Airport Parking Company of America) for parking consultant services in connection with the following 1975 Capital Improvements Program Project for Brackenridge Hospital: 11 CITY OF AUSTIN, TEXAS April 10, 1975 332 Parking Structure - Brackenridge Hospital, Capital Improvements Project No. 8412 2. The motion, seconded by Councilman Snell, carried by the following vote: Ayes: Councilman Binder, Mayor Pro Tem Dryden, Councilman Snell, Mayor Butler, Councilperson Dr. Linn Noes: None Absent: Councilman Lebermann Not in Council Chamber when roll was called: Councilman Friedman TEMPORARY CLOSING OF ALLEY Councilman Snell moved that the Council adopt a resolution temporarily closing the alley way running parallel to BRAZOS adjoining 8th and 9th Street from 8:00 A.M. April 12, 1975, to 7:00P.M. April 13, 1975 as requested by United Cerebral Palsy of the Capitol Area. The motion, seconded by Mayor Pro Tem Dryden, carried by the following vote: Ayes: Mayor Pro Tem Dryden, Councilman Snell, Mayor Butler, Noes: Councilperson Dr. Linn, Councilman Binder None Absent: Councilman Lebermann Not in Council Chamber when roll was called: Councilman Friedman TEMPORARY CLOSING OF WHITIS STREET Councilman Snell moved that the Council adopt a resolution temporarily closing WHITIS STREET from 20th Street to 21st Street from 1:00 P.M. to 5:00 Ρ.Μ. on April 20, 1975, as requested by Mr. Kef Kamai, Director of Student Affairs at Dobie Center. The motion, seconded by Mayor Pro Tem Dryden, carried by the following vote: Ayes: Mayor Pro Tem Dryden, Councilman Snell, Mayor Butler, Councilperson Dr. Linn, Councilman Binder Noes: None Absent: Councilman Lebermann Not in Council Chamber when roll was called: Councilman Friedman CONTRACT FOR NEIGHBORHOOD CENTER CONSTRUCTION PROJECT Councilman Binder moved that the Council adopt a resolution authorizing the City Manager to enter into a contract with the Concerned Citizens for the Development of West Austin for West Austin Neighborhood Center construction project. ($7,000 funding approved by City Council October 10, 1974) The motion, seconded by Councilman Snell, carried by the following vote: Ayes: Councilman SneDiydMayof Butler, Councilperson Dr. Linn, Noes: Councilman Binder, Mayor Pro Tem Dryden None Absent: Councilman Lebermann Not in Council Chamber when roll was called: Councilman Friedman CITY OF AUSTIN, TEXAS April 10, 1975 333 こ SELECTION OF ACCOUNTING FIRM Mayor Pro Tem Dryden moved that the Council select HAROLD V. SIMPSON & COMPANY as the accounting firm to perform a final audit of the City of Austin Model Cities Third Year Projects. The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Councilman Snell, Mayor Butler, Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilman Friedman Noes: None Absent: Councilman Lebermann SUBMISSION OF COST SHARING RESEARCH PROPOSAL The The Council had before it the submission of a cost sharing research proposal to the Federal Energy Administration entitled "Research Project on Electrical Energy Consumption Patterns, Attitudes and Response of Electrical Consumers as a Result of Energy Conservation Promotion and Cost Increases." Mr. H. L. Peterson, Assistant Director of Electric Utility, noted that this was a three-part proposal to supply funds to do a cost-sharing study whereby the Electric Department would provide the project direction and the data gathering and recording of energy consumption of various classes of customers. University of Texas Center for Energy Studies would provide the technical expertise in developing a computer model which would analyze the accumulated data and develop it into a study of the customer conservation patterns and habits. They would then do a customer survey to determine their social economic impact of these conservation patterns and studies. The City would provide about 5% of the total project funding, and the University Center for Energy Studies would provide about 5%. The City Manager noted that there were a number of things to be learned from this such as what was happening with both large and small consumers as to their consumption patterns during different times of the day, week, and month. Councilman Friedman moved that the Council adopt a resolution authorizing the submission to the Federal Energy Administration a cost sharing research proposal entitled "Research Project on Electrical Energy Consumption Patterns, Attitudes and Response of Electrical Consumers as a Result of Energy Conservation Promotion and Cost Increases." The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Butler, Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilmen Friedman, Snell Noes: None Absent: Councilman Lebermann こ CITY OF AUSTIN, TEXAS April 10, 1975 ACQUISITION OF LAND FOR WILLIAM CANNON DRIVE PROJECT 334 Mayor Pro Tem Dryden moved that the Council adopt a resolution authorizing the acquisition of certain land for the following: William Cannon Drive Project 0.85 of one acre of land out of William Cannon League. (W. C. Trousdale et ux) The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Butler, Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilmen Friedman, Snell Noes: None Absent: Councilman Lebermann ACQUISITION OF LAND FOR MOPAC EXPRESSWAY Mayor Pro Tem Dryden moved that the Council adopt a resolution authorizing the acquisition of certain land for the following: MoPac Expressway 2.82 acres of land out of Tract 4B and 6B, a subdivision of the Mrs. A. B. Payton Estate. (Georgia B. Lucas) The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Butler, Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilmen Friedman, Snell Noes: None Absent: Councilman Lebermann ACQUISITION OF LEASEHOLD INTEREST FOR TRAFFIC CONTROL IMPROVEMENTS Mayor Pro Tem Dryden moved that the Council adopt a resolution authorizing the acquisition of leasehold interest in right-of-way required for traffic control improvements at the northeast corner of the intersection of North Lamar and 10th Street. The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Butler, Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilmen Friedman, Snell Noes: None Absent: Councilman Lebermann - CITY OF AUSTIN, TEXAS April 10, 1975 335 こ HEARING SET CONCERNING INSTALLATION OF WASTEWATER MAIN Councilman Friedman moved that the Council set a public hearing at 1:00 P.M., May 22, 1975, to permit the installation of a wastewater main across a portion of Zilker Park to serve Bee Caves, Section 1, Subdivision. The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilmen Friedman, Snell, Mayor Butler Noes: None Absent: Councilman Lebermann HEARING SET TO AMEND ZONING ORDINANCE Councilman Friedman moved that the Council set a public hearing at 1:00 P.M., May 1, 1975, to amend the Zoning Ordinance as follows: 1. Section 45-14-3 providing notification of proposed zoning change by placing signs on involved property. 2. Section 45-14(c) lengthening reapplication period after denial of zoning request from 1 year to 18 months. 3. Section 45-14(d) requiring that all annexed property acquires an interim zoning classification of "SR" and adding the requirement that unzoned state or federally owned land subsequently transferred to private interest be given interim zoning classification as "SR". The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilmen Friedman, Snell, Mayor Butler Noes: None Absent: Councilman Lebermann HEARING SET TO CONSIDER ANNEXATION Councilman Friedman moved that the Council adopt a resolution setting a public hearing at 1:00P.M., May 8, 1975, to consider annexing the following: 1. 53.86 acres known as Travis Country. (Requested by owner, Farm and Home Savings Association) 2. 173.51 acres known as Trailwood Village One at Travis Country and Trailwood Village Two at Travis Country. (Requested by owner, Austex Development Co., Ltd) 3. 96.18 acres portion of Loop 360 and unplatted land. (Initiated by City of Austin) CITY OF AUSTIN, TEXAS April 10, 1975 The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilmen Friedman, Snell, Mayor Butler Noes: None Absent: Councilman Lebermann TEMPORARY STREET NAME CHANGE Councilman Friedman moved that the Council approve a request from the Texas Cowboys to change Grover Avenue to Special Olympics Avenue on Saturday, April 19, 1975. The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Councilman Binder, Mayor Pro Tem Dryden, Councilmen Friedman, Snell, Mayor Butler, Councilperson Dr. Linn Noes: None Absent: Councilman Lebermann REQUEST TO USE ROCK ISLAND The Council had before it a request from Middle Earth to use Rock Island on April 27, 1975, from 12:00 noon to 10:00 P.M. to hold a benefit concert. City Manager Davidson asked that this be approved subject to an agreement with some procedures in connection with the park area and also that this group meet with the staff concerning special provisions that might be needed at Brackenridge as a result of past problems in connection with this event. Councilman Friedman moved that the Council approve the request subject to the City Manager's recommendation. The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Councilman Binder, Mayor Pro Tem Dryden, Councilmen Friedman, Snell, Mayor Butler, Councilperson Dr. Linn Noes: None Absent: Councilman Lebermann PAVING OF STREETS Mayor Butler introduced the following ordinance: AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING PORTIONS OF BURLESON ROAD AND SUNDRY OTHER STREETS IN THE CITY OF AUSTIN, TEXAS, WITHIN THE LIMITS HEREINBELOW DEFINED, PERFORMED BY BRUCE LUCKIE 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. Councilman Friedman moved that the Council waive the requirement for three readings, declare an emergency, and finally pass theeordinance effective immediately. The motion, seconded by Mayor Pro Tem Dryden, carried by the following vote: CITY OF AUSTIN, TEXAS April 10, 1975 337 Ayes: Mayor Pro Tem Dryden, Councilmen Friedman, Snell, Noes: Mayor Butler, Councilperson Dr. Linn, Councilman Binder None Absent: Councilman Lebermann The Mayor announced that the ordinance had been finally passed. Mayor Butler introduced the following ordinance: AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING PORTIONS OF BUELL AVENUE AND SUNDRY OTHER STREETS IN THE CITY OF AUSTIN, TEXAS, WITHIN THE LIMITS HEREINBELOW DEFINED, PERFORMED BY TERRY EDWARDS CONSTRUCTION CO.; 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. 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 Mayor Pro Tem Dryden, carried by the following vote: Ayes: Mayor Pro Tem Dryden, Councilmen Friedman, Snell, Mayor Butler, Councilperson Dr. Linn, Councilman Binder Noes: None Absent: Councilman Lebermann The Mayor announced that the ordinance had been finally passed. REFUND CONTRACTS Mayor Butler introduced the following ordinance: AN ORDINANCE AUTHORIZING THE CITY MANAGER OR THE DEPUTY CITY MANAGER TO ENTER INTO CERTAIN REFUND CONTRACTS WITH AUSTEX DEVELOPMENT COMPANY, LTD. BILL MILBURN, INCORPORATED; AND BAKER-CROW COMPANY. (The Village at Quail Creek; Vista West IV Subdivision; The Great Hills P.U.D. I-A) Mayor Pro Tem Dryden moved that the Council waive the requérement for three readings, declare an emergency and finally pass the ordinance effective immediately. The motion, seconded by Mayor Butler, carried by the following vote: Ayes: Councilmen Friedman, Snell, Mayor Butler, Councilman Binder, Mayor Pro Tem Dryden Noes: Councilperson Dr. Linn Absent: Councilman Lebermann The Mayor announced that the ordinance had been finally passed. : CITY OF AUSTIN, TEXAS April 10, 1975 338 ZONING ORDINANCE 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) LOTS 9 AND 10, BLOCK 6, OUTLOT 75, DIVISION "D," PENN SUBDIVISION, LOCALLY KNOWN AS 3205-3207 GRANDVIEW STREET, FROM "BB" RESIDENCE DISTRICT TO "O" OFFICE DISTRICT; AND, (2) LOT 5, AND THE NORTH 16 FEET OF LOT 4, BLOCK 6, OUTLOT 75, DIVISION "D," PENN SUBDIVISION, LOCALLY KNOWN AS 3206 WEST AVENUE, FROM "BB" RESIDENCE DISTRICT TO "O" OFFICE 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. (West 34th Street Corporation; C16-744172, West 34th Street Corporation, C14-74-173) Councilman Binder 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 Friedman, carried by the following vote: Ayes: Councilman Snell, Mayor Butler, Councilperson Dr. Linn, Councilman Binder, Mayor Fro Tem DrydenanCouncilman Friedman Noes: None Absent: Councilman Lebermann The Mayor announced that the ordinance had been finally passed. REPORT ON PROPOSED GLUE AND PAINT ORDINANCE The Council had before it a report from the Council for Youth Affairs on the proposed Glue and Paint Ordinance. Mr. Matt Mathias, Chairman, reviewed this by stating that they reviewed the ordinance by conducting a public hearing and by holding a joint meeting with the Advisory Council of Storefront #1. He noted that they had assistance from Mr. Charles Bluntzer, Assistant City Attorney. He reviewed steps taken: 1. Defined glue and similar substances as those containing one or more of 20 volatile solvents. 2. Included the subsection that the ordinance would not apply to persons inhaling any anesthesia for medical or dental purposes. 3. Stipulated that a record of sales would be required of a person making a sale of glue or aerosol paint to a person. Data would include the name, address, sex, and age of the purchaser and would be kept in a permanent type register for at least one year. CITY OF AUSTIN, TEXAS April 10, 1975 339 There was discussion among the Council, In response to Councilman Binder's question as to what other cities had similar ordinances, Matt mentioned San Antonio and Dallas. There was discussion concerning the legal aspects of the ordinance, and it was determined that a public hearing should be held. In regard to notification, it was suggested that the Chamber of Commerce should be able to furnish a listing of the types of organizations that would be effected by this ordinance. Councilman Friedman moved that the Council set a public hearing for April 24, 1975, at 1:30p.m. on the proposed Glue and Paint Ordinance. The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Butler, Councilperson Dr. Linn, Councilman Binder, Mayor Pro Tem Dryden, Councilmen Friedman, Snell Noes: None Absent: Councilman Lebermann The Council complimented the Council for Youth Affairs for their work done on this. ANNOUNCEMENT City Manager Davidson took this opportunity to note that on Wednesday, May 7, 1975, the Municipal Auditorium would be reserved so that the Goals Assembly of the Austin Tomorrow Program could present the work done to the present Council and the incoming Council. In response to Councilman Friedman's question concerning whether all who participated would be invited, City Manager Davidson assured him that they expected several thousand people to be in attendance. ADJOURNMENT The Council adjourned at 3:55 p.m. ATTEST: Prace Moise City Clerk APPROVED Butle Mayor