CITY OF AU FOUNDED 1839 Austin City Council MINUTES For October 29, 1981 -- 3:00 Ρ.Μ. Council Chambers, 301 West Second Street, Austin, Texas Memorandum To: City Council Carole Keeton McClellan Mayor John Treviño, Jr. Mayor Pro Tem Council Members Larry Deuser Roger Duncan Richard Goodman Ron Mullen Charles E. Urdy Nicholas M. Meiszer City Manager Grace Monroe City Clerk Prior to the opening of the Council Meeting, the Invocation was given by Father Jim Wooldridge, Seton Medical Center Chapel; and Mayor McClellan read proclamations for UNICEF Day and Founding Days of the Texas Rodeo. Mayor McClellan called to order the meeting of Council, scheduled at 3:00p.m., at 3:06. Mayor Pro Tem Trevino, Councilmembers Mullen and Urdy were not present but entered the Council Chamber at 3:10 p.m., 3:15 p.m. and 3:25 p.m. respectively. MINUTES APPROVED The Council, on Councilmember Duncan's motion, Mayor McClellan's second, approved the Minutes of the Meetings of October 7, 8, 14 and Special Called Meeting for September 18, 1981. (4-0 Vote, Mayor Pro Tem Trevino, Councilmembers Mullen and Urdy absent.) WATER & WASTEWATER APPROACH MAINS The Council, on Councilmember Goodman's motion, Mayor McClellan's second, approved the following water and wastewater approach mains: (6-0 Vote, Councilmcrbor Urdy was out of the room) a. WILLIAMS ESTATES b. SCHLUMBERGER WELL SERVICE - - c. SCHLUMBERGER WELL SERVICE - To construct 1,400 feet of 6-inch force main 360 GPM Lift Station. Estimated total cost is $93,873,69 including 6% engineering fee. No City cost participation. To construct 4100 feet of 24-inch water main. Estimated total cost is $354,633.60 including 6% engineering fee. City cost participation will be $177,316.80 To construct 2000 feet of 18-inch and 2000 feet of 12-inch wastewater mains. Estimated total cost will be $222,600.00, including 6% engineering fee. City cost partici- pation will be $44,520.00. Council Memo MAINS - (Continued) 2 October 29, 1981 d. JOHN WATSON - To construct 5000 feet of 24-inch water main. Estimated cost will. be $432,480.00, including 6% for Engineering. City cost participation will be $144,160.00 Prior to the vote Councilmember Duncan and Councilmember Deuser questioned Mr. Bulloch, Director of Water and Wastewater. Councilmember Duncan requested a full list of everything in process and Mr. Bulloch said he had such a list and will send it to the City Manager. CHANGE ORDER order: Council had before it for consideration approval of the following change NEAL SPELCE ASSOCIATES in the amount of $3,666.10 & MIKE LACEY PRODUCTIONS in the amount of $1,275.00 for preparation of "Request for Joint Use of Bergstrom Air Force Base" proposal. Mr. Solon Bennett, Director of Purchases and Stores, said this was back before Council because the cost exceeded $5,000. He said last June when it was approved by Council the bid was under $5,000. Councilmember Mullen pointed out the production had already been completed and then the request was sent to Council for additional money. He said the request should come before the money is spent. Mr. Roy Bayless, Airport Director, told Council the extra money was incurred when the production was modified to show to the Air Force. Mr. Bennett said this would not happen again because everything will now go through Purchases and Stores. Council did not make a decision and asked for it to be brought back next week for further consideration. LICENSE AGREEMENTS The Council, on Councilmember Mullen's motion, Councilmember Duncan's second, adopted a resolution to enter into a license agreement for the encroachment of a house into a public utility easement between Lots 10 & 11, Royal Oaks Subdivision. (Requested by Sneed, Vine, Wilkerson, Selman & Perry, representing J. Harold Box, et. ux.) (7-0 Vote) CONVEYANCE AUTHORIZED The Council, on Councilmember Mullen's motion, Councilmember Duncan's second, adopted a resolution authorizing conveyance to Harold Box, et ux by Quit Claim Deed all City rights and title in and to said property, save and except certain Council Memo CONVEYANCE - (Continued) 3 October 29, 1981 drainage easement and sanitary sewer easement, Volume 544, Page 204, Travis County Deed Records. (7-0 Vote) LICENSE AGREEMENT Council had before it for consideration a license agreement for encroachment of a fence into the right of way adjoining the west part of Lots 9, 10, 11 & 12, Royal Oaks Subdivision, Meridan Lane. (Requested by Sneed, Vine, Wilkers. 1, Selman and Perry, representing J. Harold Box et ux) Mr. German, Director of Public Works, appeared before Council and showed slides of the fence in question. He said the fence is a hazard because it is too close to the road and is 8' into the easement. Ms. Eden Box appeared before Council and showed slides to depict that the fence is not too close to the road. They built the fence to discourage intruders. A woman who did not identify herself objects to the fence because she said she likes to look at the property with the trees. Council discussed what to do about the fence. The Mayor stated there are several conflicts involving the safety and public welfare. She said there had been numerous accidents in that area before the fence was erected and perhaps the fence ordinance should be amended. After more discussion Council asked that this resolution be brought back November 4 for further consideration. PUBLIC HEARING - LOS ALTOS SUBDIVISION LIMITED PURPOSE ANNEXATION Mayor McClellan opened the public hearing scheduled for 3:45 p.m. at 4:05 p.m. on limited purpose annexation of Los Altos Subdivision. No one appeared to be heard. Mr. Jim Nias, Assistant City Attorney, told Council that under new rules of limited annexation in the State Statute, it is mandatory to hold a second public hearing in Los Altos. Motion The Council, on Councilmember Goodman's motion, Councilmember Duncan's second, closed the public hearing, approved annexation and set a public hearing in Los Altos for November 12, 1981 at 1:00p.m., with final passage of the ordinance scheduled for December 3, 1981. (7-0 Vote) Council Memo 4 October 29, 1981 ZONING HEARINGS Mayor McClellan announced, at 4:10 p.m., Council would hear zoning cases scheduled for 4:00p.m. The Council heard, closed the public hearings, granted and instructed the City Attorney to draw the necessary ordinances to cover the following zoning changes: C14-81 ISAIAH HARDY, JR. 1605 E. 7th Street 160 & KYLE B. COLLINS C14 r-81 JOHN H. & BILLIE G. 9532 Jollyville Rd. 170 MCGEE Holford & Carson C14-81 CHARLES LINBERG 7414 Burnet Road 171 By John C. Meinrath From "A" 2nd H&A Το "0-1" 1st H&A RECOMMENDED (as amended) GRANTED AS RECOMMENDED From Interim "A" 1st H&A To Tract 1 "GR" & Tract 2 "0-1" 1st H&A RECOMMENDED GRANTED AS RECOMMENDED From "C" 1st H&A To "C-1" Ist H&A RECOMMENDED GRANTED AS RECOMMENDED (On Mayor Pro Tom Trevino's motion, Councilmember Pucan's second, 7-0 Voto) C14-81 VAN CLEAVE INC. 9704 North Lamar 176 DEVELOPMENT, CO., Boulevard From "GR" 1st H&A To "C-1" 1st H&A RECOMMENDED GRANTED AS RECOMMENDED Ordinance Passed - Emergency Basis The Council, on Mayor Pro Tem Trevino's motion, Councilmember Duncan's second, waived the requirement for three readings and finally passed an ordinanc on an emergency basis to cover the following zoning change: C14-81-176, VAN CLEAVE DEVELOPMENT, CO..INC., 9704 North Lamar Boulevard, From "GR" 1st H&A to "GR" 1st H&A. (7-0 Vote) C14 h-81 ARNOLD BAKERY 1010 E. 11th St. 008 By City of Austin WITH FINDING OF FACT, a, f, h, k, 1, m C14 h-81 HAEHNEL STORE 009 BUILDING By City of Austin From "B" & "C" 2nd H&A Το "B-H" & "C-H" 2nd H&A RECOMMENDED GRANTED AS RECOMMENDED 11th and Waller From "C-2" 2nd H&A Το "C-2-H" 2nd H&A RECOMMENDED WITH FINDING OF FACT a,c,f,h,k,l,m GRANTED AS RECOMMENDED (On Mayor Pro Tem Trevino's motion, Councilmember Duncan's second, 7-0 Vote) Council Memo ZONING HEARINGS - (Continued) C14-81 C.R. FLOURNOY & 161 M.H. FLOURNOY By Donald R. Flournoy C14-81 EDMUND J. ALFF, JR. 166 MARIE ALFF NOACK & JOSEPHINE ALFF NENDELL By David Armbrust C14-81 R.P.C. INVESTMENTS, 169 INC. By Tom Curtis 5 5407 Wasson Road 1900-1910 Alamo 1901-1911 Poquito 2000-2018 E. Martin L. King Boulevard 2001-2009 E. 20th Street 1011-1107 S. Plea- sant Valley Road October 29, 1981 From Interim "A" 1st H&A To "C" 1st H&A RECOMMENDED subject to site plan approval. GRANTED AS RECOMMENDED From "BB" & "LR" 1st H&A To "0-1" 1st. H&A RECOMMENDED (as amended) subject Lo site plan review; no curb cuts on E. 20th as volunteered by applicant. GRANTED AS RECOMMENDED From "0" 3rd H&A To "C" 3rd H&A RECOMMENDED "C" 3rd H&A Applicant will volunteer rollback once the use terminates. C14-80 OWEN GARY HANSELER 089 FOR ESTATES OF OTTO GLEN HANSELER & ALMA K. HANSELER By Jim Akin GRANTED AS RECOMMENDED 400-500 St. Elmo From "A" 1st H&A Road West Το "BB" 1st H&A RECOMMENDED "BB" subject to site plan approval as volunteered by applicant. GRANTED AS RECOMMENDED (On Councilmember Deuser's motion, Mayor Pro Tem Trevino's second, 7-0 Vote) C14r-81 WESTLAKE CROSSROADS, 4211,4301 Westlake High Drive From Interim "AA" 1st H&A To "O" 1st H&A 139 INC. By Joe Lucas 1304 Camp Craft Road NOT RECOMMENDED RECOMMENDED "0-1" 1st H&A subject to approval of revised site plan by Planning Commission. Urban Transportation is to submit written comments regarding vehicle move- ments. GRANTED AS RECOMMENDED (On Mayor Pro Tem Trevino's motion, Councilmember Goodman's second, 7-0 Vote) Council Memo ZONING HEARINGS - (Continued) C14c-80 MEADOW MOUNTAIN 006 CORPORATION By Jeryl Hart, Inc. 6 October 29, 1981 4300-4313 Canyonside From"PUD" 1st H&A Trail Resolution 81-012 Το "PUD", 1st H&A Revised Site Plan GRANTED AS RECOMMENDED (On Councilmember Duncan's motion, Mayor McClellan's second, 7-0 Vote) Ordinance Passed - Emergency Basis The Council, on Councilmember Duncan's motion, Mayor McClellan's second, waived the requirement for three readings and finally passed an ordinance on an emergency basis to cover the following zoning change: C14c-80-006, MEADOW MOUNTAIN CORPORATION, 4300-4313 Canyonside Trail, From "PUD" 1st H&A Resolution 81-012, To "PUD", 1st H&A revised site plan. (7-0 Vote) --- C14-81 TIMOTHY H. & 159 ELIZABETH WEABER 200 E. 30th Street From "B-H" 2nd H&A To "O-H" 2nd H&A RECOMMENDED GRANTED AS RECOMMENDED Councilmember Deuser wondered if the neighbhorhood really wanted this. Ms. Donna Kristaponis, Assistant Planning Director, told him that they do. Mr. Lillie reviewed the application by use of slides. (On Councilmember Mullen's motion, Councilmember Deuser's second, 7-0 Vote) C14-81 BILL MILBURN, INC. 162 By John C. Meinrath 13700-13712 U.S. 183 12509-12517 Hymeadow & 10000-10004 Hidden Meadow Drive From Interim "AA" 1st H&A To "0-1.1st H&A Recommended (as amended) GRANTED AS RECOMMENDED WITH RESTRICTIVE COVENANT TO PRECLUDE ACCESS FROM 19' OF NEIGHBORING PROPERTY FOR COMMERCIAL USES Mr. Lillie reviewed the application by use of slides. Councilmember Deuser questioned whether this would open up large "LR" usage since it is adjacent to "GR" tract. Mr. Lillie told him the intersection will not be major. Motion Made & Withdrawn Councilmember Deuser made a motion, seconded by Councilmember Duncan to approve the zoning change if the applicant took back one foot of "AA" adjacent to 18'. The motion was withdrawn while Mr. Meinrath conferred with his client. Another motion was made with condition agreed to by applicant. (On Councilmember Mullen's motion, Councilmember Goodman's second, 7-0 Vote) Council Memo ZONING HEARINGS - (Continued) C14r-81 JERRY D. HOLLEY & 163 AUSTIN A. COOPER 7 13716 U.S. 183 & 10500-10504 Hymeadow Drive October 29, 1981 From Interim "AA" 1st H&A To "0-1" 1st H&A RECOMMENDED (as amended) GRANTED AS RECOMMENDED Mr. Lillie reviewed the application by use of slides. Councilmember Deuser said he thought this zoning would be too intensive for the 183 Plan. Mr. David Armbrust, representing the applicant, said the amendment is needed because a bank will be built there. He said consideration is going to be given to the traffic f ow. Motion Councilmember Mullen made a motion, seconded by Mayor McClellan to approve the zoning request. Substitute Motion Councilmember Deuser made a motion to go with the staff recommendation. It was seconded by Councilmember Duncan who withdrew his second, and then seconded by Councilmember Goodman who withdrew his second. Discussion followed concerning the 183 study. Roll Call on Motion 6-1 Vote, Councilmember Deuser voted No. ---------- C14-81 DISTRICT COUNCIL 164 ASSEMBLIES OF GOD By Irwin Salmanson 6510 Berkman Drive 1612-1616 Wheless Ln. From "A" & "B" 1st H&A To "0-1" 1st H&A. RECOMMENDED GRANTED AS RECOMMENDED WITH SITE PLAN TO BE APPROVED BY COUNCIL Mr. Lillie reviewed the application by use of slides. Councilmember Deuser said the neighborhood is opposed to the lot to the north being included. The concern is, he said, is the number of parking spaces which would be available. He suggested the driveway to Wheeles be closed. Mr. Salmanson said the applicant would limit parking spaces to three off Wheles as a part of the zoning. (On Councilmember Goodman's motion, Councilmember Urdy's second, 7-0 Vote) ---- C14-81 GEORGE ARREDONDO/ 5004 Lynnwood 173 CASITA JORGE'S, INC. By Willerd Perkins, Jr. : From "A" & "B" 1st H&A Το "0" & "GR" 1st H&A RECOMMENDED GRANTED AS RECOMMENDED WITH SITE PLAN TO BE APPROVED BY COUNCIL Council Memo ZONING HEARINGS - (Continued) 8 October 29, 1981 Mr. Lillie reviewed the application by use of slides. He said the change is needed for expansion of the restaurant and an increase in parking. At the time the restaurant was built, parking was allowed in "B". Judy Glass, realtor, who lives next door, said the restaurant is dangerous. She said it is smelly and their dumpster is right next door to her fence. Lillard Perkins, representing Jorge's said they want to expand from 250 to 350 seats. He said they will move the dumpster so it will be 50' from Ms. Gla s's fence, Jerry Holly appeared before Council and said there is a school at the end of the street and the traffic from the restaurant creates a problem. Councilmember Deuser said he wants a site plan which will put minimal impact on the neighborhood, particularly on the south ingress and egress, with particular attention paid to the planning of the kitchen enlargement. (On Councilmember Deuser's motion, Councilmember Duncan's second, 7-0 Vote) C14-81 CITY OF AUSTIN 112 PLANNING DEPARTMENT 609-619 W. 34th St. 610-612-614 and 616-618 W. 33nd St. 3301-3309 King St. 707-715 32nd St. 2907-2919 & 3107-3117 West Avenue 618 W. 31 Street 905 W. 30 Street From 2nd H&A To 1st & 2nd H&A RECOMMENDED GRANTED AS RECOMMENDED ON FIVE PROPERTIES UNDERLINED: OTHERS TO BE DISCUSSED 11/5/81 614-622, 705-709 & 908 พ. 30th Street 800 Block W. 29th Mr. Lillie reviewed the application by use of slides. He said they recommend several of the properties be zoned 1st H&A. Motion Died for Lack of Second - Councilmember Deuser made a motion, seconded by Councilmember Goodman to zone the above property 1st H&A. Councilmember Goodman then withdrew his second. Natalie DeBlue appeared and asked for 1st H&A for 609-619 W. 34th and 610618 W. 33rd. Sophie Donn, Heritage Association, said they would like the, assurance that if disaster hits some of the property, the zoning will be rolled back. Mr. Lillie said if a disaster does hit, the property will need to be rezoned at that time. Motion (On Councilmember Deuser's motion, Councilmember Duncan's second, 7-0 Vote) Council Memo ZONING HEARINGS C14-81 167 - (Continued) LAYTON B. WILSON By James H. Hollard Jr. 9 807-811 Nueces 517 W. 9th Street October 29, 1981 From "B" 2nd H&A To C-4th H&A Recommended (as amended) "C" 2nd H&A to be tied to site plan. GRANTED AS RECOMMENDED "O" 2nd, SITE PLAN TO COME BACK TO COUNCIL FOR APPROVAL Mr. Lillie reviewed the application by use of slides. He said the parki..g requires "C" use. Councilmember Goodman asked if they could grant "0" instead οι C and then the applicant could get a variance. Mr. Lillie said they could but it would be difficult. Dora Monick told Council she does not think "C" zoning in this area is appropriate. She asked Counci to approve "0" which is the staff recommendation. Mildred Webb Berg, 602 W. 9th, spoke against the Planning Commission's recommendation but accept the Planning Department recommendation. Jim Kieke, 510 W. 8th, said mixed zoning is needed but downtown also needs to be saved. John Joseph, representing Austin Women's Club, said they are not opposed to "0" use and would like to be able to review a site plan. Robert Hobson, representing Austin Home for Battered Children, said they are against the zoning change. James Hollard said his client wants to build an office and they need "C" to solve their set back problem and for parking. (On Councilmember Duncan's motion, Councilmember Deuser's second, 7-0 Vote) C14-81 HUSSAIN MAILIK 168 By Page Southerland Page 1015-1017 Kramer Ln. From Interim "A" 1st H&A To "BB" 1st H&A RECOMMENDED subject to site plan approval, limit of 8 units. GRANTED AS RECOMMENDED Mr. Lillie reviewed the application with slides. Hussain Mailik appeared and said these will be sold as condominiums. Motion Died for Lack of Second - Councilmember Deuser made a motion to grant "A-2" and limit the number of units to five. The motion died for lack of a second. (On Councilmember Goodman's motion, Mayor McClellan's second, 5-0 Vote, Councilmember Deuser present and not voting, Councilmember Duncan was out of the room.) Council Memo ZONING HEARINGS - (Continued) C14-81 CITY OF AUSTIN 157 PLANNING DEPARTMENT 10 900-1318 Ε. 7th St. 902-1216 & 903-1215 East 8th Street 900-1218 & 903-1219 East 9th Street 900-1218 & 901-1219 East 10th Street 700-1004 & 701-1005 San Marcos Street 700-1004 & 701-1005 Waller Street 700-1010 & 701-1013 Lydia Street 1000-1012 & 1001-1007 Wheeless Street All of Embassy Drive & Inks Avenue October 29, 1981 From "A", "A-H", "BB", "В", "В-Н", "O-H", "C" & "C-2" 1st & 2nd H&A Το "A", "BB", "B", "A-H", "O-1-H", "0-1", "LR "GR" & "C" 1st H&A NOT RECOMMENDED • RECOMMENDED "A", "A-H", "BB", "B", "0-1", "0-1-H", "LR", "GR" & "C" 1st H&A with the exception of 902 East 7th Street which is to be zoned "0-1" 1st H&A GRANTED ROLL BACK OF ALL ZONING NOT CONTESTED. GRANTED ROLL BACK TO 1st H&A ALL PROPERTY ON 7th STREET. REST OF PROPERTY TO REMAIN AS IS Mr. Lillie reported to Council as follows: "This application covers the Guadalupe Neighborhood Association area. On July 17, 1980 the Planning Commission approved a request for a roll back area study for the Guadalupe Neighborhood. Since that time the association held numerous meetings with neighborhood residents, collected signatures from property owners of 31 lots volunteering roll back zoning. In addition on August 27, 1981 the City Council voted to submit Phase I of the Guadalupe Community Development Program to the HUD area office for approval. This document identifies roll back zoning as a goal for the overall plan. Guadalupe Neighborhood is located east of IH 35 and west of Navasota Street between 7th and 11th Street. For the purposes of this application the area was reduced to exclude the commercially developed property along 11th along 11th Street and those lots which fall within 200' of IH 35, a principal roadway. The primary reason for that exclusion was the principal roadway ordinance requires a site plan on all property within 200'. In this case we knew that those property owners were not in a position at this time to submit a site plan. A strip of "C" commercial zoning along 7th Street and "B" residence along Waller Street was established in 1931...50 years ago. All of the lots along Lydia Street were zoned "C" in 1936. "B" zoning to the east along Navasota and "C-2" along 11th Street were established prior to 1970. Since 1970 only three lots were zoned "BB", "B" and "0"; four lots have received historic zoning designation. 2nd H&A along 7th and 11th Street was established in 1941 but the predominant character of the study area is still single family residential use. Many of the businesses serve the immediate neighborhood and 94% of the area consists of streets and uses permitted in "A" zoning. These uses include 131 single family homes, five duplexes, 36 vacant lots, 4 churches, one school and the French Legation. The remaining 6% of the area is occupied by by 2 triplexes, one fourplex, a 24 unit apartment structure, two offices, a parking lot, a plant sales, grocery store, restaurant, upholstery business, billboard, tortilla factory, contractor, parking lot for taxi vehicles. The streets in the study area have primarily 60' of right-of-way and are in good repair. East 7th has 80' of Council Memo ZONING HEARINGS - (Continued) 11 October 29, 1981 right-of-way and serves as a major arterial and a boundary street for the southern boundary of the neighborhood. The lots west of San Marcos Street within the area are elevated from 6 to 20 feet above 7th Street. This is on the north side of 7th Street. Access is from the rear alley. ...... The recommendation of the Department was to grant the appropriate zoning for those non residential uses that are already in the neighborhood. That included some "C" commercial, some general retail, some local retail and office, "B" zoning and "BB" zoning for the apartment uses and the three and four unit apartments, to retain the historic zoning on those structures and to zone the balance "A" residential.and to zone the property 1st H&A from^nd H&A. The recommended zoning is consistent with the existing uses and will continue to afford each owner reasonable use of the property. In addition, the proposed zoning is an attempt to preserve the residential character of the neighborhood and reverse the rapid decline of housing stock on permissively zoned land which to date has remained undeveloped. All property owners have the right to petition against the recommended zoning, necesitating a 3/4 vote of the Council." He referred to a map showing 12 properties where they have received a written petition against zoning roll back. All but one of the properties are on 7th Street. Mr. Lillie went on to say the Planning Commission concurred with the Planning Department's recommendation with one exception. "There is one piece of property on 7th Street, 902 East 7th Street, which the Commission recommended be zoned"0-1" office and that property is near the southwest corner of the neighborhood on 7th Street and near IH 35." Motion Mayor Pro Tem Trevino made a motion, seconded by Councilmember Goodman to approve roll back where there is no owner objection. Council passed by a 7-0 Vote. A woman who did not identify herself, said she bought the property based on the fact the whole block was zoned "C" Mr. Louis, East 7th Street, asked that his property not be zoned "A" Street, because East 7th is a major commercial artery through the city. Kathy Medina, 902 E. 7th Street wants to keep "C" zoning. She is an attorney and she bought it with her partners to use for law offices. IH 35. Ray Smith Jr. discussed his property at the northeast corner of 8th and Louis Zegulo would like to keep his property as is, but 1st H&A is all right. Vivian Joseph made the same remarks as Mr. Zegulo. John Meinrath, representing Joe Daywood, said he is against a zoning change. John Joseph is against a roll back but would like to work with the neighborhood. Enauris Trevino appeared before Council. Before he began to speak, Councilmember Trevino stated, for the record, that the two men are not related. Mr. Council Memo 12 October 29, 1981 E. Trevino told Council he is for the roll back...all of them, to protect the neighborhood. Mr. Narcissia, a contractor, favors the roll back. He said they have a pretty part of town. Sister Anrelian Diaz asked Council to approve the Planning Commission's recommendation.so people in business can live in the area. Carmen Hernandez, 1106 East 8th, said she is a member of the steering committee for the neighborhood and they favor the roll back. roll back. Narsisans Sistos is a member of the steering committee and favors the Father Jerry Burnett told Council the areais still capable of providing growth and wants to keep the north side of 7th Street residential. plan. A man who did not identify himself said he favors the Planning Commission Leda Gonzales wants the area preserved as it is. John Scanlon of West Lake Hills supports the roll back. A woman who did not identify herself doesn't want business to move them out. Motion The Council, on Mayor Pro Tem Trevino's motion, Councilmember Goodman's second, closed the public hearing. (7-0 Vote) Motion The Council, on Councilmember Deuser's motion, Councilmember Goodman's second, approved the roll back on all property on 7th Street to 1st H&A. (7-0 Vote) Motion Died for Lack of Second - Councilmember Deuser made a motion to roll back to "A" all property remaining on 7th Street, parcels 9,12,7. No one seconded the motion. Motion FAILED - Councilmember Duncan made a motion, seconded by Councilmember Deuser to roll back parcels 10, 11,1,2,8,3,4 to "A" with the opportunity of owner to declare proposed use in 60 days with a site plan of proposed use to be considered at that time, and anyone coming back could do so at no cost. Motion failed 3-1-0, Mayor McClellan voted No Councilmembers Goodman, Mullen abstained, Mayor Pro. Tem Trevino was out of the room. Council Memo ZONING HEARINGS - (Continued) 13 October 29, 1981 Motion FAILED Councilmember Goodman made a motion, seconded by Councilmember Urdy to roll back parcels 1, 2, 3, 4, 8, 10, 11 to "LR". Motion failed 5-2, Councilmember Mullen and Mayor McClellan voted No. Six votes are needed for passage. RECESS Council recessed its meeting at 8:08 p.m. and resumed its recessed reeting at 8:32 p.m. C14r-81 GULF OIL CORPORATION 3324 Northland Drive From "LR" 1st H&A 155 By K.L. Vaughan To "GR" 1st H&A NOT RECOMMENDED RECOMMENDED "GR" for car wash, "LR" for remainder of tract, subject to landscape plan review. GRANTED AS RECOMMENDED Mr. Lillie reviewed the application by use of slides. Mr. Warner, Balcones Civic Association, objected to the planned 30' lighted sign. He said they are in agreement with the car wash. Bill Thompson, construction engineer for Gulf discussed the zoning request. and the fact that the illuminated disk sign would not encroach the neighborhood. Motion Councilmember Deuser made a motion to deny the zoning request. It was seconded by Councilmember Goodman. Substitute Motion The Council, on Mayor Pro Tem Trevino's motion, Mayor McClellan's second, approved the zoning change as recommended by the Planning Commission. (4-3 Vote, Councilmembers Duncan, Goodman and Deuser voted No.) A friendly amendment by Councilmember Deuser that the sign be limited to 25' was not accepted. Council Memo ZONING HEARINGS - (Continued) 14. October 29, 1981 C14r-81 CHAPARRAL INVEST- 11946-12022 Burnet From Interim "AA" 1st H&A 165 MENTS, LTD. By Sanford L. Gottsman Road Το "GR" 3rd, "DL", 1st & 2nd and "0" 1st H&A NOT RECOMMENDED RECOMMENDED Tr. 1 "GR" 2nd for building only; 1st H&A for remainder of tract; Tr. 2 "OL" Ist; Tr. 3 "DL" 2nd for building only, 1st for remainder of tract; Tr. 4a. "0" 1st; Tr. 4b "DL" 1st and Tr. 5. "0" 1st subject to landscape plan review at time of subidvision. GRANTED AS RECOMMENDED WITH ATTACHED SITE PLAN Betty Baker reviewed the application by use of slides. Sanford Gottsman, representing Trammel Crow, discussed the request for a zoning change. John Joseph, representing Johnny Joseph and Donald Thomas said they are in favor the the zoning request. Bob Richardson, president, Walnut Crossing Homeowers Association, said 22 families have signed a statement in opposition. Their concerns were flood plain, traffic signs and parking lot lights. PUBLIC HEARING - RECOMMENDATIONS FROM FIRE & LIFE SAFETY COMMITTEE Mayor McClellan opened the public hearing scheduled for 5:00p.m. on recommendations from the Fire and Life Safety Committee at 9:40 p.m. Mr. Guymon Phillips, Assistant City Manager, reported on recommedations. One which was discussed in full is the suggestion to require smoke detectors in dwelling They can be purchased for a nominal cost and can help prevent serious fire damage. After some discussion in which Councilmember Mullen said he does not think it should be mandatory to have smoke detectors and Mayor Pro Tem Trevino said he favors them, the following action was taken: (Councilmember Goodman left the Council Chamber during the discussion and did not return for the remainder of the day.) Motion The Council, on Mayor Pro Tem Trevino's motion, Councilmember Mullen's second, waived the requirement for three readings and finally passed an ordinance amending Chapter 36 of the Code of the City of Austin of 1967 by adding Section 13-1210(c), amending Section 36-1807 and 36-1907; and adding a new section 36-1810 without requireing smoke detectors. (6-0 Vote, Councilmember Goodman absent) Motion The Council, on Councilmember Urdy's motion, Mayor McClellan's second, passed through FIRST READING ONLY an ordinance amending Chapter 36 of the Code of the City of Austin of 1967 to require smoke detectors in all presently occupied dwellings in Austin, Texas. (4-2 Vote, Councilmembers Deuser and Mullen voted No, Councilmember Goodman absent) Council Memo ZONING HEARINGS - (Continued) 14 a Zoning Denied October 29, 1981 Council heard and DENIED the following request for a zoning change: C14r-81 LAMBETH BUILDING 172 COMPANY, INC. 9091 Research Boulevard From "D" 1st H&A To "C" 2nd H&A NOT RECOMMENDED DENIED AND CLOSED PUBLIC HEARING (On Councilmember Duncan's motion, Mayor Pro Tem Trevino's second, 7-0 Vote) : Council Memo 15 ZONING ORDINANCE October 29, 1981 The Council, on Councilmember Deuser's motion, Councilmember Mullen's second, waived the requirement for three readings and finally passed an ordinance amending Chapter 45 of the 1967 Austin City Code (Zoning Ordinance) to cover the following changes: (6-0 Vote, Councilmember Goodman absent) H.H. POOL C14-70-001 (part) 4312-4400 Terry-0-Lane (Area Study) From Interim "A" 1st H&A to "D" 1st H&A PROVISIONS OF MORATORIUM DISCUSSED Mr. Joe Lucas, real estate developer, appeared before Council to discuss provisions of the recently enacted 120 day temporary subdivision moratorium. He said he is unable to get a variance because his land is not 50/50 in and out of the City limits. Motion The Council, on Councilmember Mullen's motion, Councilmember Deuser's second, approved the 50/50 allowance for a variance, excluding a certain amount of land outside the City limits. Unanimous vote. CITIZEN DID NOT APPEAR Mrs. Vivian Naddef had requested to appear before Council to discuss sewer connections to her home. She did not appear and Council requested a report next week. SPECIAL PERMIT HEARING DELAYED The Council, on Councilmember Deuser's motion, Councilmember Duncan's second, approved the reuqest of Mr. W.J. Scudder, architect, to delay special permit hearing (File #C14p-81-054) scheduled for November 12, 1981, indefinitely because wate and wastewater connections have not yet been approved. (6-0 Councilmember Goodman absent) OFFICE OF NEIGHBORHOOD REVITALIZATION Mr. Peter J. Fears, representing the American Federation of State, County and Municipal Employees, appeared before Council to request clarification of Council's decision on the establishment of the Office of Neighborhood Revitalization. He said he represents several employees of ARA who have applied for the jobs they had with ARA which will now be postions in ONR. Because they are not considered City employees they have to go to the end of the line in applying for their own jobs. Both Mayor Pro Tem Trevino and Acting City Manager Tom Muehlenbeck, told Mr. Fears that it is the Council's intent to give job preference to people formerly employed Council Memo ONR - (Continued) 16 October 29, 1981 by ARA. Mayor McClellan requested a report on what has and what will occur. PARADE PERMIT The Council, on Mayor Pro Tem Trevino's motion, Mayor McClellan's second, approved the request for a Parade Permit from The Texas Tech & University of Texas Longhorn Marching Bands from 9:45 a.m. to 12 noon, Saturday, October 31, 1981, beginning from Martin L. King, Blvd. wouth on San Jacinto to 12 Street into Capitol grounds. (6-0 Vote, Councilmember Goodman absent) PUBLIC HEARING - STREET LIGHTS Mayor McClellan opened the public hearing, scheduled for 6:30p.m. on amendments to Chapter 41 of the Austin City Code to require street lights in Urban Subdivisions and consider an ordinance establishing charges for installation of street lights in urban subdivisions. Mr. R.L. Hancock, Director of Electric Utility, discussed the fee; Mr. Peterson, Assistant Director, Electric Utility discussed funding and technicalities. No one appeared to be heard. Motion The Council, on Councilmember Deuser's motion, Councilmember Duncan's second, closed the public hearing, waived the requirement for three readings and final passed an ordinance amending Chapter 41 of the Austin City Code to require street lights in urban subdivisions. (5-0 Vote, Councilmember Mullen out of the room, Councilmember Goodman absent) Motion The Council, on Councilmember Deuser's motion, Councilmember Duncan's second, waived the requirement for three readings and finally passed an ordinance establishing charges for installation of street lights in urban communities to be $150.00 for underground and $75.00 overhead. (5-0 Vote, Councilmember Mullen out of the room, Councilmember Goodman absent.) ELECTRICAL SERVICE CONNECTION FEES The Council had before it an ordinance to establish and implement a fee schedule for making electrical service connections. Mr. Vaughn appeared before Council and asked that he not be made to collect a fee. He said the electricians should not be made to do this, the City should collect their own fee and the homeowners should be responsible for paying it. Council Memo FEES - (Continued) 17 October 29, 1981 Mr. R.L. Hancock, Director of Electric Utility, appeared and said the connection fee should be paid by the homeowner or the general contractor or the electrical contractor. He said in his opinion it would be best for the contractor to pay it because he would be familiar with the process. Walter Timberlake, union representative, appeared to say the Electric Board had recommended the owner pay the connection fee. He said if the contractor pays the fee he will add on to it to cover his time and effort. Leland Williams, electric contractor, suggested the building contractor should pay at the time of the water and sewer tap payment. ノ Motion Councilmember Duncan made a motion, seconded by Mayor Pro Tem Trevino to assess the owner. Mr. Hancock pointed out that if the owner is assessed then the owner needs to be well informed of the charge so it will not come as a big surprise when he applie for electrical connection to his house. Bobby Denton, Denton Electric and Plumbing, thought the contractor should pay the fee. Lonnie Davis, director of Building Inspection, thought the connection fee should be required at the time if issuance of a building permit. Amendment to Motion Councilmember Duncan and Mayor Pro Tem Trevino amended the motion & second require connection fee to be paid at the time of issuance of building permit, effective November 1, 1981. Roll Call The Council, on Councilmember Duncan's motion, Mayor Pro Tem Trevino's motion, Mayor second, waived the requirement for three readings and finally passed an ordinance requiring electrical connection fee to be paid by the owner at the time of issuance of the building permit, to be effective November 1, 1981. (5-1-0 Vote, Councilmember Mullen voted No, Councilmember Goodman absent) FUNDING FOR ELECTRIC UTILITY The Council, on Councilmember Deuser's motion, Councilmember Urdy's second, waived the requirement for three readings and finally passed an ordinance amending the ordinance approving a 30 day Capital Improvement Program Budget by providing for an additional 60 60 day day funding authorization for the Electric Utility in the amount of $3.43 million. (6-0 Vote, Councilmember Goodman absent) Council Memo UTILITY - (Continued) 18 October 29, 1981 Prior to the vote, Mr. Hancock said the items are critical. Councilmember Deuser pointed out that the citizens so far have not seen the seriousness of voting down bonds. Mr. Hancock said if there is a continual decline in funds the capability of enough electricity for cooling in the summer will be felt and the message then would be pretty severe. WATER & WASTEWATER RATE The Council, on Councilmember Mullen's motion, Councilmember Duncan's second, waived the requirement for three readings and finally passed an ordinance amending the 1981-82 Water and Wastewater Rate Ordinances Nos. 810924-F and 610924-G to establish a separate class of customers consisting of Council authorized water districts and municipal utility districts that will be billed for water and wastewater services based upon a separate rate structure for districts only, Option 1. (6-0 Vote, Councilmember Goodman absent.) TASK FORCE FOR BARRIER FREE AUSTIN The Council, on Councilmember Duncan's motion, Councilmember Deuser's second, approved the establishment of a Task Force on a Barrier Free Austin, with the following members, Jim Cannon, Charles Eskridge, Pat Pounds and Ed Hammel. (6-0 Vote, Councilmember Goodman absent.) NO ACTION TAKEN The following resolution was not acted upon because it was not needed: Release of easements: An unused 5.0 public utility easement in Royal Oak Subdivision, West part of Lots 9,10,11 and West Park Lot 12, and Conveyance to Mr. & Mrs. Harold Box by Quit Claim Deed. ADJOURNMENT Council adjourned its meeting at 11:30p.m.