Fiesta Gardens Safety, Noise, & Development
Public Safety and Noise Concerns
The council addressed significant public safety issues at Fiesta Gardens following a violent incident, leading to calls for increased lighting and security. Extensive public complaints about event noise also prompted the council to consider revising the sound ordinance and implementing a temporary permit moratorium.Contentious Zoning and Development
Debates unfolded over several zoning changes, including a proposed alcohol rehabilitation center, new duplexes, and a 7-Eleven convenience store. Neighborhood associations actively voiced opposition to these projects, citing concerns about increased traffic and density.Environmental and Infrastructure Initiatives
The city initiated a Flood Early Warning System and officially opposed a nuclear power plant's discharge permit, highlighting a focus on environmental protection. Other approvals included funding for a new bridge and co-sponsorship of an energy efficiency business seminar.Unique City Operations
The council approved the temporary closure of city streets to facilitate the filming of a motion picture, indicating Austin's growing role as a film location.
Full Transcript
• ITY OF FOUNDED 1839 Austin City Council MINUTES For October 07, 1982 1:00 Ρ.Μ. Council Chambers, 301 West Second Street, Austin, Texas 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 Memorandum To: Mayor McClellan called the meeting of the Council to order at 1:00p.m., noting the absence of Councilmembers Duncan, Urdy and Deuser who arrived at 1:10, 1:11 and 1:12 respectively. INVOCATION The Invocation was given by Reverend Dean R. Busboom, Faith Lutheran Church. CONSENT RESOLUTIONS The Council, on Mayor Pro Tem Trevino's motion, Mayor McClellan's second, adopted the following motions in one consent resolution: (7-0 Vote) Parking Lease • Renewed and extended the parking lease at 9th and Lavaca with Lavaca Associates. a. Release of Easements Approved the following release of easements: A 25 Drainage Easement between Lots 11 and 12, Block A, Wood Island Subdivision. (Requested by Sneed, Vine, Wilkerson, Selman and Perry) b. A 7.5' Public Utility Easement on Lot 15, Block A, Barton Hills Section 7, 1714 Bartoncliff Drive. (Requested by Dana Copp Building and Design) • Council Memo RELEASE OF EASEMENTS c. 2 (Continued) October 7, 1982 A portion of a Drainage Easement recorded in Volume 6469, Page 249 of the Travis County Deed Records and located on Lot 5, Block G, Woodstone Village Section III, 7907 Wakefield Drive. (Requested by the Rippy Surveying Company) d. Telephone, Electrical and Guywire Easements recorded in Volume 3815, Page 2151, Volume 3489, Page 867, Volume 4049, Page 796 and Volume 1337, Page 198 of the Travis County Deed Records. (Requested by Graves, Dougherty, Hearon and Moody) e. A portion of a blanket Electric and Telephone Easement of record in Volume 682, Page 569 of the Travis County Deed Records. Said Portion to be released being 25.447 acres out of the Lockheed Tract. (Requested by Metcalfe Engineering Company, Inc.) f. A portion of a 30' Drainage Easement recorded in Volume 2882, Page 459 of the Travis County Deed Records and located on Tracts 1A and 2A of the Mrs. A. B. Payton Estate Subdivision, 8801 McCann Drive. (Requested by Clark, Thomas, Winters and Shapiro) g. A portion of a Drainage Easement recorded in Volume 1541, Page 71 of the Travis County Deed Records and located on Tract A, Riverview Terrace. (Requested by Metcalfe Engineering Company, Inc.) h. A portion of 7.5' Public Utility Easement on Lot 19, Block C, Copperfield Section I Phase B, 12112 Sunderland Drive. (Requested by the Rippy Surveying Company) LICENSE AGREEMENTS Approved entering into the following License Agreements to allow: a. The encroachment of project construction signs into the right-ofway adjoining Block 70, Original City of Austin, 600 Congress Avenue. (Requested by Rust Properties) b. The encroachment of a fire escape into the public right-of-way adjoining Lots 5 and 6, Block 82, Original City of Austin, 702 Colorado. (Requested by Mr. Herb Goodman of Rust Properties) c. The modification and restoration of the existing stone wall adjoining Lots 3 and 4, Enfield D, #2 Niles Road, (Requested By Holt, Fatter and Scott, Inc.) Council Memo 3 October 7, 1982 Capital Improvements Program Selected the professional hydrologic and hydraulic study services of Espey Huston in connection with Austin's Flood Early Warning Systems. CAPITAL IMPROVEMENTS PROGRAM No. 82/83-03. Approved Community Facilities Contract for Participation in Bridges and Culverts - New subdivisions in the total amount of $468,627.46 for the construction of a bridge on Brush Country Road over Williamson Creek. (C.I.P. No. 82/62-13) Contracts Approved Approved the following contracts: a. STIEFER PAINTING & CONTRACTING COMPANY, INC. P. O. Box 9924 Austin, Texas b. FRANK LIMON AND SONS, INC. c. P. 0. Box 6310 Austin, Texas (MBE) ALLIED CHAIN LINK FENCE COMPANY 8400 East Highway 290 Austin, Texas d. Bid award: (1) TECHLINE, INC. - - CAPITAL IMPROVEMENTS PROGRAM Addition and Renovations to Ridge Oak Communications Building, Public Works Department $47,333.00 C.I.P. No. 82/83-02 CAPITAL IMPROVEMENTS PROGRAM East 6th and East 7th Street Corridors, Phase I, Public Works Department - $14,960.50 C.I.P. No. 82/62-19 CAPITAL IMPROVEMENTS PROGRAM Galvanized Posts and Hardware, Parks and Recreation Department Items 1 thru 27 $16,133.46 - C.I.P. No. 73/86-46 CAPITAL IMPROVEMENTS PROGRAM Pad-Mounted Transformers for Commercial Distribution Applica- tion, Electric Utility Department $189,915.00 C.I.P. 82/15-01 Items I thru 4 $128,400.00 - 8750 Shoal Creek Boulevard Austin, Texas (2) BESCO, INC. - Item 5 $35,150.00 1616 West 5th Street Austin, Texas (3) SOUTHWAY ELECTRIC UTILITY Items 6 and 7 - $26,365.00 SERVICE 9705 Beck Circle Austin, Texas Council Memo CONTRACTS - (Continued) e. EXXON COMPANY, U.S.A. 1127 Springdale Road Austin, Texas f. Bid award: 4 (1) WESTINGHOUSE ELECTRIC CORP. 1455 W. Loop South 610 Houston, Texas (2) GENERAL ELECTRIC COMPANY 7100 Regency Square Houston, Texas - October 7, 1982 Turbine oil for Seaholm Units 7 and 8 and Holly Unit 4, Electric Utility Department $11,275.00 Repair parts, technical services and other items necessary for the disassemblies, inspections and the repairs of turbines, Electric Utility Department $315,000.00 Holly Units #2 & #3 - $130,000.00 - Holly Unit #4 - $65,000.00 (3) Authorization to award additional contracts in other items as determined necessary, Holly Units #2, #3 and #4 - $120,000.00 g. Bid award: - Coarse Paper Products, Purchases and Stores Department Six (6) Month Supply Agreement Total $72,683.00 (1) BANCROFT PAPER COMPANY 2201 East 6th Street Austin, Texas (2) CENTURY PAPER, INC. 10205 Metropolitan Austin, Texas (3) GRAHAM PAPER COMPANY 825 West 1st Street San Antonio, Texas (4) LONE STAR PAPER COMPANY 210 East St. Elmo Road Austin, Texas (5) MONARCH PAPER COMPANY 3911 East Woodward Austin, Texas Items 12, 17 thru 21 Items 2, 4, 5, 7, 16 & 22 Items 3, 8 & 9 Items 1, 6 & 13 Items 11, 14 & 15 Council Memo CONTRACTS (Continued) 5 October 7, 1982 h. TECHLINE, INC. 8750 Shoal Creek Boulevard Austin, Texas i. WASHINGTON NATIONAL INSURANCE CO. 7540 LBJ Freeway Dallas, Texas j. IN HOUSE SYSTEMS, INC. 94 West Wentworth Avenue West St. Paul, Minnesota Traffic Signal Assemblies, Purchases and Stores Department Items 1 thru 10 $92,489.30 Employee Dental Coverage Estimated total: $754,920.00 Hospital Based Accounts Receivable Management Service, Brackenridge Hospital - Fee is 10% of receivables collected. (Approved by Hospital Board) Councilmember Deuser requested a monthly progress report and review by Council after one year on Accounts Receivable Management Service. Auction of Vehicles Approved of disposal by auction method on October 9, 1982 surplus vehicles and vehicular communications equipment. Item Pulled Pulled for 30 days consideration of renewal of a contract between Brackenridge Hospital and the Pedernales Hospital Authority for the period of one year beginning October 1, 1982 thru September 30, 1983. (Approved by Hospital Board) CDBG Funds Authorized $20,415.00 of CDBG funds for two (2) Standard Rehabilitation Loans and authorize staff to enter into appropriate contract. Older American Act Funds Authorized submission of a 6th year renewal application to the National Council of Senior Citizens for approximately $325,000.00 in Title V Older American Act Funds. Credit Union Funds Approved a contract award for authorization to execute a contract with the East Austin Community Development Federal Credit Union for 7th Year CDBG funds in the amount of $56,230 to provide continued administrative support to the agency. Council Memo 6 Energy Efficiency in Business Seminar October 7, 1982 Approved co-sponsoring an Energy Efficiency in Business Seminar with the Austin Chamber of Commerce and the Texas Energy and Natural Resources Advisory Council on October 19, 1982. Item to be Brought Back Consideration of authorizing Public Works Department to issue an RFP to provide for a remote sensing program in the Barton and Bull Creek Watersheds will be discussed October 14, 1982. Public Hearings Set Set public hearings on the following: a. An amendment to the Austin Metropolitan Roadway Area Roadway Plan to realign and extend Duval Road, including the addition of Amherst Drive for October 21, 1982 at 5:15 p.m. b. The proposed requests for additional taxicab permits from Harlem Cab Company, Roy's Taxi, and Yellow-Checker Cab Company will be heard on November 4, 1982 at 2:00p.m. Item Withdrawn No public hearing was set on an appeal from Jerry L. Harris, attorney for Szymkowiak Properties Limited and Lehndorff Properties (USA) Ltd., of the Planning Commission's decision denying a Special Permit for a nightclub located at 2109 West Anderson Lane. C14p-82-046, because the appeal was withdrawn. Resolution Opposing Discharge Permit Approved opposition to Comanche Peak (Baseline Corporation) discharge permit. Temporary Street Closing Approved temporarily closing the parking lanes on the east and west curbs of West Park Drive from 4807 through 4907 West Park Drive from 6:00a.m. until late evening daily on October 13, 14 and 15, 1982, as requested by Ms. Dede Clark, representing River Road Productions, to facilitate the filming of a motion picture. Project Contracts Amended the Montopolis and Govalle Project Contracts and authorized the City Manager to sign amended version. Council Memo 7 Special Recognition October 7, 1982 Mayor Pro Tem Trevino presented an honorary citizenship citation and keys to the City to Dario Elias, Information Officer, U.S. Embassy in Paraguay; and to Josele Garza, race car driver from Mexico City. Mr. Elias and Mr. Garza thanked the Mayor and Council for their thoughtfulness. CONSENT ORDINANCES The Council, on Councilmember Deuser's motion, Councilmember Goodman's second, waived the requirement for three readings and finally passed the following Ordinances in one consent motion: (7-0 Vote unless otherwise indicated) Operating Budget Amendment Amended the 1982-83 Operating Budget by: a. Accepting $325,000.00 from the National Council of Senior Citizens in Title V Older American Act funds for the operation of the Senior Aides Project, employment of older adults. (Related to D-11) b. Accepting $5,000.00 from the U.S. Department of Education (Basic Educational Opportunity Grant) for Brackenridge Hospital School of Nursing. c. Accepting $35,000 General Operating Support Grant from the Institute of Museum Services to contract staff and purchase materials to maintain and enhance nature exhibits at the Austin Nature Center and Pioneer Farm. Street Name Changes Changed the names of the following streets: a. Beauford Ridge Drive to Beauford Drive b. Chenault Parkway to Brownie Drive Code Changes Amended Section 11-2-99 of the Austin City Code of 1981 by adding the following subsection (d) thereof: ON FROM TO Oakview Drive 145' east of Township Trail 245' west of Township Trail Council Memo 8 Speed Limits October 7, 1982 Amended Section 11-2-100 of the 1981 Austin City Code relating to speed limits on Rutland Drive. Zoning Ordinances Amended the following Zoning Ordinances to correct the legal descriptions: a. Ordinance No. 811007-K Case No. C14-81-091 b. Ordinance No. 780302-C Case No. C14-77-180 Zoning Ordinances Amended Chapter 13-2 of the Austin City Code (Zoning Ordinance) to cover the following changes: LAYTON B. WILSON By James H. Hollard C14-81-167 807-811 Nueces & 517 W. 9th Street From "B" 2nd H&A to "0" 2nd H&A CITY OF AUSTIN PLANNING DEPARTMENT C14r-82-097 9905-10001 Woodland Village Drive From "LR" 1st H&A to "0-1" 1st H&A (5-0 Vote, Councilmembers Mullen and Goodman abstained.) CLEVE M. EARLEY 6715 Manchaca Road From Interim "A" 1st H&A C14-81-235 ANNE COFRIN BALDESCHWILER & 1920 Bissel Lane to "0-1" 1st H&A 601-603 W. 8th Street From "O-H" 2nd H&A & 704-706 Nueces to "GR-H" 2nd H&A By Steven A. Fleckman C14-81-016 MANOR ROAD INVESTMENT COMPANY 4611, 4701 & 4703 From "B" & "O" 1st H&A Manor Rd., rear of 4613, to "GR" 1st H&A By B.G, Marroquin C14-82-096 4621 & 4705-4805 Manor Road (5-0 Vote, Councilmembers Urdy & Goodman abstained) Zoning Pulled The following zoning ordinance was pulled off the agenda: TRUMAN O. BROOKS C14-82-064 5005 S. Congress also bounded by Wasson Road From Interim "A" 1st H&A to "C" 1st H&A Council Memo 9 October 7, 1982 ENVIRONMENTAL PROGRESS REPORT Dr. Maureen McReynolds, Director, Office of Environmental Management, reviewed the Environmental Progress Report which is on file in the City Clerk's Office. SECURITY FOR PARKS AND RECREATION FACILITIES Mr. Ehrler, Director of Parks and Recreation, reported on Security Requirements for Leasing City Parks and Recreation Facilities. He said the requirments are two bonded security officers for 500 people and two Porta-Cans. For 1,000 people, they will additionally need one 600 square foot dumpster. Councilmember Deuser said some creative solution to sound should be used to alleviate the noise complaints of surrounding neighbors when the parks and recreation facilities are used. MINUTES APPROVED The Council, on Councilmember Duncan's motion, Mayor McClellan's second, approved minutes for regular meetings for August 12, 26 and September 2, 1982; and Special Meetings of July 12, 13 and September 22, 1982. (7-0 Vote) WATER APPROACH MAIN The Council, on Councilmember Duncan's motion, Councilmember Urdy's second, authorized approval of the following Water Approach Main: (7-0 Vote) ALSTON BOYD Water approach main to serve Long Canyon II Subdivision. Estimated maximum cost $485,000. No City cost participation. Stuart Henry, attorney, appeared before Council prior to the vote and said they agree to staff recommendations but will change from 600 to 640 units. Mr. Carl Schwing, Director of Water and Wastewater, had recommended that Council not pass this today. He said there are other requests in that area and they should be merged so there is not a duplication. Councilmember Deuser said Alternate II would be preferable and would not duplicate lines. RECESS Council recessed at 1:55 p.m. and resumed its recessed meeting at 2:15 p.m. Council Memo 10 October 7, 1982 ITEM POSTPONED Council postponed until October 14, 1982 consideration of authorizing the City Manager to issue RFP for a Comprehensive Financial Study for the Water and Wastewater Utilities. PUBLIC HEARING SPICEWOOD SPRINGS ROAD RIGHT-OF-WAY Mayor McClellan opened the public hearing set for 2:15 p.m. on vacating the following: Spicewood Springs Road right-of-way out of a tract conveyed to the City of Austin in Volume 6513, Page 523, 524 of the Travis County Deed Records. (Requested by Dr. I.H. Silberberg) Mr. Richard Ridings, Director of Public Works, said everything is in order. No one appeared to be heard. Motion The Council, on Councilmember Duncan's motion, Councilmember Mullen's second, closed the public hearing, waived the requirement for three readings and finally passed an ordinance vacating Spicewood Springs Road right-of-way out of a tract conveyed to the City of Austin in Volume 6513, Page 523, 524 of the Travis County Deed Records (7-0 Vote) LEGISLATIVE ITEMS The Council, on Councilmember Deuser's motion, Mayor McClellan's second, approved legislative items to be submitted to TML Resolutions Committee. (6-0 Vote, Mayor Pro Tem Trevino was out of the room.) RECESS Council recessed its meeting at 2:20 p.m. and resumed its recessed meeting at 3:00 p.m. PUBLIC HEARING TO BE CONTINUED Mayor McClellan opened the public hearing set for 2:30 p.m. on an appeal from Mr. William J. Scudder representing Lamar & Rundberg, Ltd., on a Special Permit for the Villas Apartment Complex. C14p-81-054. Motion The Council, on Councilmember Duncan's motion, Councilmember Goodman's second, voted to continue the public hearing on November 4, 1982 at 5:30p.m. (7-0 Vote) Council Memo 11 PARADE PERMITS October 7, 1982 The Council, on Councilmember Goodman's motion, Mayor McClellan's second, approved the following parade permits: (7-0 Vote) 1. Mr. James Bunshnick's request for McCallum Student Council, from 7:50 a.m. to 8:25 a.m., Friday, October 15, 1982 beginning from Sunshine Drive to Houston, right on Houston to Grover, right on Grover to end at Veteran Field Parking Lot on Grover. 2. Mr. Walter Wendlandt's request for Texas A&M University from 9:30 a.m. to 11:00 a.m., Thursday, November 25, 1982, beginning from East 3rd and Congress Avenue north on Congress Avenue, west on 11th Street, north on Colorado. ELECTRIC RATES DISCUSSED Mr. James H. Phillips appeared before Council to present alternatives to Proposal 7 electric rate structures. VILLA CONDOMINIUMS DISCUSSED Mr. Marcos DeLeon appeared before Council to discuss the Rainey Area Neighborhood Association's views of the Villas Condominiums. He asked the effect on them because of the emergency fire exit granted for the Villas. Mr. Richard Ridings, Director of Public Works, said the emergency fire access through the street and bridge yard was necessary. The Villas will provide a fire hydrant, which will be necessary. The normal standard procedures were followed in order to gain the access. Mr. Lonnie Davis, Director of Building Inspection, said that the Villas either had to have ingress/egress or sprinklers. By granting the ingress/egress the City gained a fire hydrant and a hike and bike trail. COMMERCIAL BANNERS DISCUSSED Ms. Susan Peterson appeared before Council to speak against commercial banner signs with recommendation for policy changes. She said she thinks banners should be for a public event and not to advertise commercial endeavors. Mr. Peterson, Acting Director, Electric Department, said they recommend the banner be hung for four weeks per location, per activity in any 12 month period. Councilmember Deuser said he feels it is not appropriate to have commercial banners hung in the City. Councilmember Duncan said the ordinance concerning banners should be re-drafted. Councilmember Mullen suggested the new ordinance should give the staff direction how to enforce so banner permits need not be brought to Council. * At this point, Councilmember Deuser said parade permits and banner permits should be listed as separate items under Citizen Communication rather than having two or three listed under a number. Councilmember Duncan asked that an item be Council Memo 12 October 7, 1982 put on next week's agenda to discuss the procedure for parade permits. CITIZEN DID NOT APPEAR Mr. Scott Harrington, Event Chairman, University of Texas Cowboys, who had requested a sound permit until 11:30p.m., Thursday, October 28, 1982 at Fiesta Gardens, did not appear because the event has been cancelled. SOUND PERMITS DISCUSSED Mr. John Flato appeared before Council to request changes be made in the City Ordinance regarding sound permits. He said there is a band that plays so loud at 2703 Rio Grande every Sunday that students who live in the surrounding area cannot pursue an enjoyable life or do their studying. He said the sound ordinance has no restrictions concerning decibels of sound. Council agreed this should be studied and requested next week's agenda contain a revised sound ordinance and an ordinance establishing a temporary moratorium on the issuance of certain sound amplification permits. WESTERN DANCE The Council, on Councilmember Goodman's motion, Mayor Pro Tem Trevino's second, approved the request of Ms. Dianne Hill, representing the Austin-Travis County Livestock Show, for permission for the sale of beer at the Western Dance on Auditorium Shores on March 19 and 20, 1983 (March 20th alternate date) (6-0 Vote, Councilmember Mullen was out of the room.) SOUND ORDINANCE DISCUSSED Ms. Anne G. Harpe appeared before Council to discuss the Sound Ordinance. She suggested only one permit be issued every 30 days to the same address. Ms. Harpe handed a petition to Council with 400 signatures concerning the sound ordinance, protesting its present form. FIESTA GARDENS DISCUSSED Mr. Jim Powell appeared before Council to discuss the Fiesta Gardens incident. He said UT students were hospitalized after being beaten on the back of their heads by chains and their cars were wrecked when 50 members of a gang jeopardized the life of Citizens who were using City owned Fiesta Gardens. Mr. Powell said the Police did very little to intervene in the incident. He asked Council and the Police Department to review the Fiesta Gardens policy. Mayor McClellan said she wants to take every step to make Fiesta Gardens safe. Councilmember Deuser suggested adequate parking on the site is needed. Councilmember Duncan suggested they need to decide whether they need a larger facility or if they should limit the size of the event. Council Memo 13 October 7, 1982 FIESTA GARDEN DISCUSSION (Continued) - Mr. Bryon Muecke appeared before Council. He is a member of the IntraFraternity Council. Mr. Muecke discussed Fiesta Gardens & said there should be increased lighting & security guards should be on duty until the last person is gone, after clean-up. clean-up. Mr. Muecke said he understands the East Austin Neighborhood Association is beginning to work on problems and he will be glad to work with them. Something, he said, needs to be done quickly. Manuel Escamilla told Council the Fiesta Gardens incident has been given too much publicity. He said there are also problems in the fraternity area on campus. Mr. Muecke told Council there has been a decrease of illegal activity in west campus and remedies are being sought in code of conduct meetings. Paul Hernandez, East Austin resident, told Council there have been some positive steps taken by East Austin concerning the problems in Fiesta Gardens. BANNER REQUESTS DENIED The Council took no action on the following requests for banners: a. The Intersection of Post Road and Congress (on Post Rd.) from October 18, 1982 thru December 2, 1982, to attract potential homeowners to live inside the City limits rather than the outlying suburban areas, as requested by Les Adkins, representing Travis Oaks Condominiums. b. 53½ Street and Airport Boulevard (40-50 feet from intersection on 53½) from October 18, 1982 through November 18, 1982, as requested by Vickey Radar, representing Fountain Plaza Office Park. ZONING HEARINGS Mayor McClellan announced Council would hear zoning cases scheduled for 4:00 p.m. The Council heard, closed the public hearing, granted and instructed the City Attorney to draw the necessary ordinances to cover the following zoning changes: C14 r-82 D.M.C. PROPERTIES 8423 Research Blvd. 112 By David C. Bodenman C14 r-82 HARVEY W. 120 DOERRING, ET AL By Jeff Calechman From Interim "A" 1st H&A To "C" 1st H&A RECOMMENDED GRANTED AS RECOMMENDED 11150 Research Blvd. From "GR" Ist H&A Το "C-1" 1st H&A RECOMMENDED GRANTED AS RECOMMENDED Council Memo ZONING HEARINGS (Continued) C14-82 SRD ENTERPRISES 123 By David Fritsche C14-82 CITY OF AUSTIN 020 (Part) 14 October 7, 1982 5618 Manor Road, also From "LR" 1st H&A bounded by Rogge To "GR" 1st H&A Lane RECOMMENDED 707-909 Shelby Lane 4600-4914 Weidmar Lane 900-904 Colonial Park Drive GRANTED AS RECOMMENDED From Interim "A" Ist H&A Το "ΑΑ", "A", "B", "0", "C" 1st H&A RECOMMENDED GRANTED AS RECOMMENDED Councilmember Deuser read into the record the conditions placed on C14-82-020 from a memo from Mr. Lillie correcting a statement that was in the back up material. "Conditions are (1) that any apartment development within "C" zone shall be limited to "B" density; (2) no industrial or light industrial use shall be permitted in "C" zone; (3) the streets within the boundaries of property shall be laid out as depicted on attached plat with the exception of City of Austin may require the extension of Sheraton Lane to Terry 0 Lane." posed Ron Anderson, spokesman for Battle Bend Springs, read into the record, "After many meetings the neighborhood and land owners have agreed upon a zoning plan to for the undeveloped 45 acre tract located adjacent and east of existing residential development. The agreed plan includes large tracts of land zoned "B", "0" and "C". Such zoning permits high density development with enormous traffic impact. Our neighborhood wants to make it clear that except for these three negotiated conditions which will attach to the zoning as proposed to become a part of it we would feel that such highly trafficked uses are wholly incompatible with our existing residential areas. Council is aware of our numerous traffic problems. Our agreement further incorporates a plat designating the proposed zones in laying out streets which have been approved by Mike Weaver of Urban Transportation. This having been said, we join the landowner and the Planning Commission in recommending that the 45 acre tract be zoned "AA", "A", "B", "O" and "C" as depicted on the reference plats on the following conditions of zoning: (1) That an apartment development within the "C" zone shall be limited to "B" density; (2) that no industrial or light industrial use shall be permited in "C" zone; (3) the streets within the boundaries of property shall be laid out as depicted on attached plat with the exception that the City of Austin may require the extension of Sheraton Lane to Terry 0 Lane. We feel that each of these elements is essential to the integrity of our neighborhood and the sound land use management of our City and ask your support for such zoning. Before the second reading on any such ordinance our neighborhood would appreciate the opportunity of seeing the draft ordinance to assure ourselves that all integral parts and necessary references have been included." (On Councilmember Deuser's motion, Councilmember Urdy's second, 6-0 Vote, Councilmember Mullen was out of the room.) C14r-81 230 CHARLES MARSH INVESTMENTS 214 N. Capital of Texas Highways Ordinance Passed "0-1" 1st H&A subject to approved site plan. RECOMMENDED GRANTED AS RECOMMENDED The Council, on Councilmember Goodman's motion, Mayor McClellan's second, waived the requirement for three readings and finally passed the above zoning change on an emergency basis. (7-0 Vote) Council Memo 15 ZONING HEARINGS (Continued) C14-82 CITY OF AUSTIN 115 October 7, 1982 From Interim "AA" 1st H&A Τo "AA", "O", "LR", "GR" "MH" 1st H&A NOT RECOMMENDED RECOMMENDED "AA", "0", Interim "AA", "MH", "LR", "GR" and 11 acres to remain Interim "AA", balance "AA" 1st H&A GRANTED AS RECOMMENDED 5501 U.S. 290 5501-5805, 5700-5802 rear of 5808-5904, 5906-6046 and 5909- 6046 and 5909-6033 01d Fredericksburg Rd. 5710-5806, 5711-5803, rear of 5806-5816 and 5809-6047 Westcreek Drive, 6000-6004 Smith Oak Trail, 6007-6101 and 6006-6100 Jay's Lane, 5408-5614 and 5409-5621 Porsche Lane 5804-5608 and 5411-5613 Honey Dew Terrace 6300-6301 Steer Trail All of Steele Run C14-82 H. C. CARTER, 110 By Jim Coleman 817 Ken Street From "A" 1st H&A To "0" 1st H&A NOT RECOMMENDED RECOMMENDED "BB" 1st H&A GRANTED AS RECOMMENDED (On Councilmember Duncan's motion, Mayor Pro Tem Trevino's second, 7-0 Vote) C14-82 COMMERCIAL 098 PROPERTEIS By Edwayne G. Priesmeyer Road 11740 Old Jollyville From "A" 1st H&A To "DL" 1st H&A NOT RECOMMENDED RECOMMENDED "0-1" 1st H&A GRANTED AS RECOMMENDED AND ALLOW "LR" FOR SIGN ONLY, 3 HIGH AND 6 LONG Mr. Lillie reviewed the application by use of slides. Wm. T. Carlisle, attorney for applicant, said the owner wants to put up a low bern type sign. Lessee of the property is a subcontractor for IBM.
Council Memo ZONING HEARINGS (Continued) 16 October 7, 1982 Robert Bledsoe, who lives on Bell Avenue, said they want to keep the "0-1" zoning and felt the sign is not needed. Mr. Carlisle presented his summation by saying the applicant does not want his sign on the building because it sets back 75' with trees in front. He will restrict it to 3' high and 6' wide. (On Councilmember Goodman's motion, Councilmember Deuser's second, 7-0 Vote) C14-82 121 DURELLE A. & HARRY T. EIDSON By James J. Amis 1809 Pearl and 809 Martin L. King Blvd. To From "A" 1st H&A "0" 1st H&A RECOMMENDED subject to restrictive covenant, recommend that zoning not be granted unless zoning is tied to proposed use and site plan. GRANTED "0"; KEEP BUILDINGS SAME OR THE ZONING WILL RETURN TO "A"; USE LIMITED TO ANY USE PERMITTED IN A "B" RESIDENCE DISTRICT, HOTELS, OFFICE FOR ARCHITECT, ENGINEER, SURVEYOR, LAWYER, PERSONAL OR FAMILY COUNSELOR PUBLIC SECRETARY, INSURANCE AGENT, ACCOUNTANT, REAL ESTATE AGENT, DENTIST, PHYSICIAN, SURGEON; INTERIOR DECORATING STUDIO; OFFICE OR HEADQUARTERS FOR ASSOCIATIONS OF BUSINESSES, TRADES, PROFESSIONS, INDUSTRIES, OR SOCIAL SERVICE GROUPS; AND CERTAIN ACCESSORY USES. Mr. Lillie reviewed by use of slides. Jim Nias discussed and said use may fit into that of lodging house. Jim Amis, representing Doris Faulkner, said there will be an alcohol rehabilitation center at 1809 Pearl and the home on Martin Luther King will be used as a place for relatives to stay during patients rehabilitation. Dan Bowie said the treatment center will be an asset for Austin. Jack Brady, Austin MH/MR, said he has been associated with the Faulkner people for three years and they are very dedicated. Mary Bailey, a friend of Faulkner's, said this will be a huge success. Michael Sharpe, attorney in Austin, said this is an excellent use of a house which will be preserved. Janet Weis, realtor, said the house will never be used as a home again and this is a good use. Don Wicksheider recommeded "0" zoning. Eden Box said the owners are her parents. The use of the street has changed and it is no longer residential. Meigan Matson showed slides and said she wants "A" zoning maintained. Council Memo 17 October 7, 1982 ZONING HEARINGS - (Continued) Suzanne Cannon, president of Original City of Austin Neighborhood Association, wants the house preserved. Jim Martindale, 1707 Pearl, said he tried to buy the house 1½ years ago as a residence but could not sell the house he is in now. He maintains it could be a home. Jim Amis said the slides shown were not relevant to the area. He said his client will make a substantial investment to remodel the house into something Austin can be proud of. Councilmember Deuser asked if the use was all right with neighborhood. Ms. Cannon said yes but they do not want "0" zoning. Motion Councilmember Duncan made a motion seconded by Councilmember Goodman to zone "BB" (subject to approval by Board of Adjustment). Friendly Amendment Councilmember Deuser offered a friendly amendment, which was accepted, that the building envelope be retained. Discussion followed. Substitute Motion Councilmember Mullen made a substitute motion, seconded by Mayor Pro Tem Trevino to approve "0"., remove several items allowable under "0", buffer of "A" on one story bulding, keep main building same or the zoning returns to "A". Motion passed by a 4-3 Vote, Councilmembers Deuser, Duncan and Goodman voted No. Hearing to be Continued C14-82 NASH PHILLIPS- 124 COPUS By M. Scott Roberts 12005-12115 Dorsett Road, 4400-4406 and 4401-4407 Limewood Court, 12000-12008 and 12001-12009 Arrowwood Drive, 4500-4508 and 4501- 4507 Dorsett Oaks Circle, 4504-4606 and 4503-4605 Brown Bark Place. Mr. Lillie reviewed by use of slides. From "Interim "AA" Ist H&A To "A" 1st H&A RECOMMENDED "A" noting restrictions offered by applicant. HEARING TO BE CONTINUED NOVEMBER 11, 1982 AT 5:00 P.Μ. Mr. Scott Roberts, representing applicant, said the applicant has not been able to obtain financing because it is not suitable for single-family residences because Council Memo ZONING HEARINGS - (Continued) 18 October 7, 1982 of the railroad. The proposed duplexes will consist of 2100 sq. ft. and be in the $89-100,000 price range. Steve Herring, representing Milwood Neighborhood Association, said they are opposed because duplexes are not conducive to the economic stability of a neighbhorhood. Allen Updyke opposes the NPC request for a zoning change. Fred Phillips, Whitecliff Lane, is afraid of flooding. He said when it rains the lower part of Dorsett Road is under water. Shiela Larkin spoke against the zoning and showed slides. Mike Olson also spoke against the zoning. Councilmember Deuser and Mayor Pro Tem Trevino said the neighborhood and developer should get together and come to an agreement (On Councilmember Deuser's motion, Mayor McClellan's second, 7-0 Vote, public hearing to be continued. (November 11, 1982 at 5:00 p.m.) RECESS Council recessed its meeting at 5:50 p.m. and resumed its recessed meeting at 6:10 p.m. ZONING HEARINGS - (Continued) Zoning Hearings Postponed Council postponed the following zoning hearings: C14 r-82 DOYLE WILSON 094 By David B. Armbrust To 1613 Capital of Texas From Interim "AA" 1st H&A Hwy., also bounded "0-1" 1st & 2nd H&A By Camp Craft Road POSTPONED TO NOVEMBER 4, C14 r-82 WESTLAKE II OFFICE 1515 Capital of Texas 095 BUILDING JOINT VENTURE Hwy., South, also Bounded by Camp Craft Road RECOMMENDED as amended with restrictive covenant limiting height to that of existing bldg. 1982 at 4:00 P.M. From Interim "AA" 1st H&A To "0-1" 1st & 3rd H&A RECOMMENDED "0-1" 1st & 3rd subject to restrictive covenant limiting height to that of existing bldg. 10 commombon Candmanla POSTPONED TO NOVEMBER 4, 1982 at 4:00 P.M. CL... Council Memo ZONING HEARINGS - (Continued) 19 Zoning Denied Council denied the following zoning change request: October 7, 1982 C14-82 THOMAS H. BARNETT 119 By B. T.. Webb 3402 Glenview, also bounded by Jefferson Street From "A" 1st H&A To "0-1" 1st H&A NOT RECOMMENDED DENIED (On Mayor Pro Tem Trevino's motion, Councilmember Goodman's second, 7-0 Vote) Zoning Withdrawn The following zoning application was withdrawn by the applicant: C14-82 SZYMKOWIAK PROPER- 2109 Anderson Lane 125 TIES LTD., AND LEHNDORFF PROPER- TIES (USA) LTD. By Jerry Harris From "GR" 1st H&A Το "C-2" 1st H&A NOT RECOMMENDED WITHDRAWN (On Mayor Pro Tem Trevino's motion, Councilmember Goodman's second, 7-0 Vote) PUBLIC HEARING ON APPEAL SOUTHLAND CORPORATION Mayor McClellan opened the public hearing set for 7:00 p.m. on an appeal from parties affected by the Planning Commission's decision to approve a Special Permit requested by Southland Corporation. C14p-82-022. Mr. Lillie, Director of Planning, reviewed and said the Special Permit was granted for retail use. Philip Bible, representing Southland Corporation, asked that this appeal be postponed because a representative of Southland was not able to attend. Council did not grant the request. Mr. Bible then went on to explain that the site in question is the only undeveloped land in the intersection and they have a good site plan. Lucio Varela, neighborhood association, said they are against the 7-11 because it would create too much traffic for children. Council Memo APPEAL (Continued) 20 October 7, 1982 Warren Peterson, representing Southwest Oaks-Shiloh Neighborhood Association, said they feel a convenience store at this location would be a disadvantage. a Edward Johnston said 7-11 would create too much traffic. There is already U-Totem in the area, as well as HEB which stays open all night. A woman who did not identify herself told Council the convenience store would not benefit the neighborhood at all. There are already 4 stores in a 10 minute area. A man who did not identify himself, said there are 7 convenience stores in a two mile radius plus Safeway and HEB. Philip Bible returned to say they do not want to endanger the life of children and that the corner will be developed by someone. Motion The Council, on Councilmember Goodman's motion, Mayor McClellan's second, closed the public hearing and requested this be on next week's agenda for action. (6-0 Vote, Councilmember Mullen was out of the room.) ZONING HEARING WITHDRAWN A zoning hearing, which was to be held at 7:30p.m. was withdrawn on Mayor Pro Tem Trevino's motion, Councilmember Goodman's second, 7-0 Vote. C14r-82 034 J.A. SMALL 1012-1020 Riverside From "0" 2nd H&A & By David Armbrust Drive "A" 1st H&A 1013-1019 Edgecliff Terrace To "B" 3rd H&A NO RECOMMENDATION WITHDRAWN ZONING ACTION POSTPONED The Council, on Councilmember Deuser's motion, Mayor Pro Tem Trevino's second, postponed until November 4, 1982 at 5:45 action on the zoning of rear of 8500 Cameron Road, Edward Joseph Developments, Inc. (7-0 Vote) U.T.'S GROWTH IN EAST AUSTIN AREA Frances. Schenkkan, Planning Commission Subcommittee, reported on University of Texas' Growth in the East Austin Area. Mayor McClellan said the City would have to talk to the Board of Regents of University of Texas but would have to do it very carefully. This will be on next week's agenda as an Item From Council. Council Memo 21 ITEM POSTPONED October 7, 1982 The Water and Wastewater Commission Report was postponed until October 14, 1982. ZONINGS SET FOR PUBLIC HEARING The City Manager reported the following applications have been referred to the Planning Commission for recommendation and have been set for public hearing before the City Council on November 4, 1982. 1. C14-82-126 MILDRED L. & MAX R. HADDICK By: Jeffrey M. Friedman 7210-7224 Manchaca Road FROM: "A", 1st H&A TO: "LR", 1st H&A (Whispering Oaks-Cherry Creek Area Neighborhood Association) 2. C14r-82-127 STALONG CORPORATION FROM: Interim "AA", By: Al Stover 1st H&A 4700 & 4702 Hwy. 290 West 4622 Dudmar Drive TO: "GR", 1st H&A (Barton View Civic Assn.) 3. C14-82-128 LEWIS J. BURKS & FROM: "A", 1st H&A MRS. LEWIS J. BURKS TO: "0", 1st H&A 709 Franklin Boulevard (No Formal Neighborhood Group) 4. C14-82-129 C. MILTON DOWD FROM: "GR", 1st H&A By: Donald E. Bird 820 Fairfield TO: "C", 1st H&A (North Austin Civic Assn.) 5. C14-82-130 QUAIL CREEK PLAZA SHOPPING CENTER TRUST FROM: "GR", 1st H&A TO: "C-2", 1st H&A By: Charles Garner 9400-9448 Parkfield Drive 1300-1403 Rutland Drive (North Austin Civic Assn.) 6. C14-82-131 TEXAS COMMERCE BANK AUSTIN, TRUSTEE FROM: "LR", 1st H&A TO: "GR", 1st H&A By: Hank Gallagher 3413 Northland Drive (Highland Park West Homeowners Association) 7. C14-82-132 KARL H. MOELLER, TRUSTEE 1514-1516 Parkway FROM: "A", 1st H&A TO: "B", 1st H&A (West Austin Neighborhood Group) (Shelley Heights Neighborhood Assn.) Council Memo ZONINGS SET - (Continued) 22 8. C14r-82-134 HOWARD JOHNSON'S MOTOR LODGE OF AUSTIN, INC. By: Tom Curtis 1600-1640 Woodward October 7, 1982 FROM: "0", 1st H&A TO: Tr. 1. "LR", 2nd H&A Tr. 2. "C-2", 1st H&A Tr. 3. "0", 2nd H&A 9. C14-82-135 10. C14-82-136 3309-3423 IH-35 South (South Austin Neighborhoods East) JEAN HOLLOWAY By: Gene Braun 1719 North Bluff Drive also bounded by Bluff Springs Road (Franklin Park Homeowners Assn.) FROM: "LR", 1st H&A TO: "GR", 1st H&A (Nuckols Crossing Neighborhood Assn.) J. VANCE RILEY 1605 West Avenue (The Original City Neighborhood) FROM: "A", 1st H&A TO: "O", 1st H&A FROM: "A", 1st H&A 1st H&A 11. C14-82-137 J.C. WALTER, JR., TRUSTEE By: Jerry L. Harris TO: Trs. 1 & 2. "0", 907-911 W. M.L.K. Boulevard 1801-1805 San Gabriel Street 1800-1802 Pearl Street (The Original City Neighborhood) 12. C14-82-138 CITY OF AUSTIN PLANNING DEPT. 1201 Old West 19th Street (Save University Neighborhoods) 13. C14-82-117 C14-82-058 CITY OF AUSTIN PLANNING DEPT. Portions of an area bounded by South Congress Ave./Wasson Road Little Texas Lane, IH-35, Williamson Creek (Battle Bend Springs Assn. & Far South Austin Community Assn.) 14. C814-82-007 RIVERBEND P.U.D. By: Bradley & Wooley, Inc. Capital of Texas Highway North at Lake Austin (Lake Austin Hill Country Neighborhood Association) 15. C14h-82-001 JACOB LARMOUR BLOCK By: City of Austin Planning Dept. 910-912-914, 920-922 Congress Ave. 16. C14h-82-011 DUMBLE-BOATRIGHT HOUSE Trs. 3, 4 & 5. "A-2", 1st H&A FROM: "0", 1st H&A TO: "A", 1st H&A FROM: Interim "A", 1st H&A TO: Appropriate Zoning A 33-unit detached single-family residential development with common area and private streets. EXISTING ZONING: Interim "A" and Interim "LA", 1st H&A PROPOSED ZONING: P.U.D. FROM: "C-2", 4th H&A TO: "C-2-H", 4th H&A FROM: "A", 1st H&A "A-H", 1st H&A By: City of Austin Planning Dept. TO: 1419 Newning Avenue (South River City Citizenst Council Memo ZONINGS SET (Continued) 23 17. C14h-82-012 WARNER-LUCAS HOUSE October 7, 1982 FROM: "A", 1st H&A By: City of Austin Planning Dept. TO: 303 Academy Drive 18. C14h-82-016 HOLLAND-KLIPPLE HOUSE "A-H", 1st H&A (South River City Citizens) FROM: "A", 1st H&A By: City of Austin Planning Dept. 4100 Avenue F TO: "A-H', 1st H&A (Hyde Park Neighborhood Assn.) 19. C14h-82-017 BELL HOUSE FROM: "A", 1st H&A By: City of Austin Planning Dept. 4200 Avenue F TO: "A-H", 1st H&A (Hyde Park Neighborhood Assn.) 20. C14h-82-018 SAUTER-ALLEY HOUSE By: City of Austin Planning Dept. 4012 Avenue F FROM: "A", 1st H&A TO: "A-H", 1st H&A (Hyde Park Neighborhood Assn.) ADJOURNMENT The Council adjourned its meeting at 8:30 p.m.