12 OF POUNDED 2839 Austin City Council MINUTES For June 02, 1983 - 1:00 Ρ.Μ. City Council Ron Mullen Mayor John Treviño, Jr. Mayor Pro Tem Council Members Mark Rose Roger Duncan Sally Shipman Mark E. Spaeth Charles E. Urdy Nicholas M. Meiszer City Manager Elden Aldridge Acting City Clerk Council Chambers, 301 West Second Street, Austin, Texas Memorandum To: Mayor Mullen called to order the Meeting of the Council scheduled for 1:00 p.m., noting the presence of all Councilmembers. INVOCATION The Invocation was given by Reverend Charles Watts, Zion Hill Missionary Baptist Church. BOARD & COMMISSION APPOINTMENTS Mayor Mullen announced the following board and commission appointments are to be voted upon: - Community Development Commission Mexican-American Chamber of Commerce will suggest a member. Vending Commission - Angeli Licht and Joseph Hoover Energy Advisory Commission Affirmative Action Plan Advisory Committee Stuart Hersh and Enrique Lopez Building Standards Commission - Terry Moore, Joe Walton, William Parr, William Wendt, Gene Vasquez and George Bowers. Building Code Board of Appeals - Gary Jaster and William Fewell On-Site Wastewater Task Force - Robert Morriss, Bob Meinzer and Motion Ken Zimmerman The Council, on Mayor Pro Tem Trevino's motion, Mayor Mullen's second, approved the above appointments as read into the record by Mayor Mullen. (6-0 Vote, Councilmember Rose was out of the room.) Council Memo 2 CONSENT RESOLUTIONS June 2, 1983 The Council, on Mayor Pro Tem Trevino's motion, Councilmember Urdy's second, adopted the following resolutions in one consent motion: (7-0 Vote) a. Release of Easements Authorized release of the following easements: a. A 24' private roadway easement on Lot 19, Block B, Balcones Oaks III-A. (Requested by Mr. Wyatt E. Ewald) b. A Public Utility Easement located on the common lot line of Lots 2 and 3, Cater Joseph Subdivision Section One, Justin Lane west of Lamar Boulevard. (Requested by Wooten Investment Corporation) c. The 15' Public Utility Easement located on Lot 1-C, Resubdivision of Lot 1, South Creek Section 3/Lot 2, South Creek Section 3/Lot A, South Creek Section 2 (Bluff Springs Road at North Bluff Drive). (Requested by Paul S. Meisler Properties) d. A Sanitary Sewer Easement recorded in Volume 1752, Page 461 of the Travis County Deed Records, Foster Lane at Rockwood Drive. (Requested by Espey, Huston & Associates, Inc.) e. A portion of an Electric Easement recorded in Volume 7621, Page 724, and a portion of Drainage and Public Utility Easement recorded in Volume 7464, Page 313 of the Travis County Deed Records and located on Lot 9, Block C, of Quail Hollow 6-A, 1604 Morning Quail Drive. (Requested by N.P.C.) f. A portion of a 10' Public Utility Easement across the rear of Lot 2, Block CJ, Spicewood at Balcones Village Section 8, 11401 Pickfair Drive. (Requested by Hearne, Knolle, Lewallen, Livingston & Holcomb) g. A Drainage Easement recorded in Volume 7426, pages 493 thru 497 of the Travis County Deed Records and located on Lot 1, The Village at Meadow Mountain. (Requested by Jeryl Hart Engineers, Inc.) Contracts Approved the following contracts: SAFI AND ASSOCIATES, INC. (MBE) 5937 Hammermill Run Austin, Texas - CAPITAL IMPROVEMENTS PROGRAM - East 6th and East 7th Street Corridors, Phase III, Public Works Department - $22,292.00 C.I.P. No. 82/62-19 Council Memo CONTRACTS - (Continued) b. J & E DIRT WORKS, INC. 12406 Old San Antonio Road Manchaca, Texas c. CLEARWATER CONSTRUCTORS, INC. P. 0. Box 15547 Ν.Ε. Station Austin, Texas d. CARROLL CHILDERS COMPANY 6905 Bellfort Houston, Texas 3 - - June 2, 1983 CAPITAL IMPROVEMENTS PROGRAM - Robertson Hill Area Street and Sidewalk Improvements Phase IV, Juniper Street, Public Works Department - $19,499.09 C.I.P. No. 82/62-19 CAPITAL IMPROVEMENTS PROGRAM - Rollingwood Drive Bridge at Dry (Dellana) Creek, Public Works Department - $299,524.50 C.I.P. No. 82/60-05 CAPITAL IMPROVEMENTS PROGRAM - Pre-fabricated Skid Mounted Pumping Station, Parks and Recreation Department e. TRANS-TEX SUPPLY COMPANY 4618 East 7th Street Austin, Texas f. SHELL OIL COMPANY 2200 Main Street Houston, Texas Item 1 $61,823.00 CAPITAL IMPROVEMENTS PROGRAM 2500 ft. of 12" PVC pipe, Parks and Recreation Department Item 1 $13,975 C.I.P. No. - 82/23-85 - 5,000 gals. transformer oil for transformer at Pedernales Substation, Electric Distribution Department - $6,750.00 One (1) Neonatal g. VITATEK c/o International Biomedical, Inc. 512 South Freeway Fort Worth, Texas h. Bid award: (1) BANCROFT PAPER COMPANY 2201 East 6th Street Austin, Texas (2) CENTURY PAPER, INC. 10205 Metropolitan Austin, Texas Physiological Monitor, Brackenridge Hospital - $13,016.50 Paper Towels, All City Departments Six (6) Month Supply Agreements Estimated total - $11,318.00 Council Memo CONTRACTS - (Continued) 4 (3) GRAHAM PAPER COMPANY 210 Peden Street San Antonio, Texas (4) LONE STAR PAPER COMPANY 200-201 East St. Elmo Road Austin, Texas (5) SMITH SUPPLY COMPANY 5433 South Congress Avenue Austin, Texas 1. COHERENT 3270 West Bayshore Road Palo Alto, California j. Bid award: (1) OHIO TRANSFORMER 1776 Constitution Avenue Louisville, Ohio (2) WESTINGHOUSE ELECTRIC CORPORATION 201 North Saint Mary's Street San Antonio, Texas k. SMYSER ASSOCIATES 12180 Branscomb Road Branscomb, California 1. Bid award: (1) TOWN NORTH DATSUN 9150 Research Boulevard Austin, Texas (2) HENNA CHEVROLET 7522 N. IH 35 Austin, Texas June 2, 1983 - One (1) Argon and Krypton Ophthalmic Photocoagulator Laser, Brackenridge Hospital Total $57,152.50 - Repair and Reassembly of a Power Transformer, Electric Utility Department - - - - - Total $90,669.00 $72,530.00 $18,139.00 Professional Technical Assistance in the Development of a comprehensive conservation and renewable resources program, Electric Utility Department Not to exceed $9,200.00 Sedans, Vehicle and Equipment Services Department Total $182,507.00 Items AS-1.1, AS-1.2 - $64,952.00 - Items AS-2.1, AS-4.1 - $79,270.00 Council Memo CONTRACTS - (Continued) m. 5 (3) TOWN LAKE CHRYSLER-PLYMOUTH- IMPERIAL 841 West 6th Street Austin, Texas June 2, 1983 - AS-2.2, AS-3.1 - $38,285.00 FRANK'S WASTE OIL SERVICE 6210 FM Road 973 Del Valle, Texas - Wastewater Approach Main Contract Disposal by sale of Surplus Waste Oil, Vehicle and Equipment Services Department Six (6) Month Service Agreement Estimated amount - $8,712.00 Approved the following wastewater approach main contract: THE MEYERS GROUP Wastewater approach main to service 62 acres Highway 183 tract. Estimated cost $53,940. City cost participation is $14,150.00 MUD Annexation Approved a correction to the property included within the Lost Creek Municipal Utility District No. 1 boundaries by annexing 10.59 acres of the Lost Creek Country Club already served by the District. CDBG Standard Rehabilitation Loans Authorized and approved CDBG funds for Standard Rehabilitation Loans in the following amounts and authorized staff to enter into appropriate contracts: a. Lighthouse International (MBE) - $15,851 b. Texas Western Associates - $17,158 c. Lighthouse International (MBE) - $13,809 Texas Western Associates - $14,677 d. e. Imperial Construction - $14,578 f. Andtree Construction - $18,357 g. Austin JJJ Corp. - $16,426 h. Andtree Construction - $17,350 1. Austin JJJ Corp. - $7,600 J. Austin JJJ Corp. - $15,797 k. Imperial Construction - $12,570 Council Memo 6 Grant Application June 2, 1983 Authorized submission of a grant application in the approximate amount of $12,000 for Title III Older American Act funds to the Capital Area Planning Council. for the Senior Activity Center. Public Hearings Set Set public hearings on the following: a. An appeal filed by the Hyde Park Neighborhood Association on the Building Standards Commission to grant the following relocation permits for June 16, 1983 at 4:00p.m.: (1) 4201 Speedway to Out of City (2) 4203 Speedway to Out of City b. Limited purpose annexation of approximately 1,303 acres of land along the Capital of Texas Highway: June 15, 1983 at the site, 4:00 p.m. June 16, 1983 in Council Chamber, 4:30 p.m. and directed the City Planning Department to prepare the service plan. c. Limited purpose annexation of approximately 28.8 acres of land along the Capital of Texas Highway: June 15, 1983 at the site, 4:00 p.m. June 16, 1983 in Council Chamber, 4:30 p.m. and directed the City Planning Department to prepare the service plan. Items Pulled from Agenda During the consent resolution Council pulled the following items from the agenda for two weeks: - CAPITAL IMPROVEMENTS PROGRAM - Consider selection of Professional Engineering Services for Abilene Trail Oak Hill Water Main for the Water and Wastewater Department. C.I.P. No. 83/22-25 (Action postponed May 26, 1983) Consider approval of vendor licensing guidelines and procedures. CONSENT ORDINANCES The Council, on Mayor Pro Tem Trevino's motion, Mayor Mullen's. second, waived the requirement for three readings and finally passed the following ordinances in one consent motion: (7-0 Vote) Council Memo 7 Operating Budget Amendment Amended the 1982-83 Operating Budget by: June 2, 1983 a. Appropriating $3,928 from the City of Austin Cable Access Funds for the purpose of providing Austin Community Television additional funding to increase staff for the period May 15, 1983 through July 15, 1983. b. Appropriating $254,821 from the projected Electric Utility Ending Balance to provide fiscal year 1983 funding for a new Division of Energy Policy and Program Development in the Electric Utility Department for additional staff in the Energy Management Department. c. Appropriation of $20,893 from the City of Austin Cable Access Funds in order to reimburse the City of Austin (Human Services Department) as previously stipulated by the Council on September 25, 1980. Funds to go to General Fund Ending Balance. : Capital Improvements Program Amended the 1982-88 Capital Improvements Program by appropriating certain funds from the approved Transit 1983-84 and 1984-85 bond authorization to be used as matching funds for an Urban Mass Transit Administration Grant. CAPITAL IMPROVEMENTS PROGRAM Nos. 83/90-04 & 83/90-02. Council Meeting Time Changed Approved changing the starting time of regular City Council meetings to 12:45 p.m. Water & Wastewater Rates Approved increasing water rates by 10%. Approved increasing wastewater rates by 10%. South Austin Infill Study Area Moratorium Amendments Approved ordinances amending the moratorium on the following: (5-2 Vote, Councilmembers Shipman and Duncan voted No.) a. Processing of Zoning Change Applications in the South Austin Infill Study Area. b. Processing of Special Permit Applications in the South Austin Infill Study Area. c. Sale of Water and Wastewater Taps in the South Austin Infill Study Area. Council Memo 8 June 2, 1983 MORATORIUM - (Continued) LATER IN THE DAY, Mr. Orin Cluck appeared during Citizen Communications to request exemption from tap moratorium to change a septic tank to the city's sewer system for property located at 6505 Manchaca Road. He said the Health Department had instructed him to do so because his septic tank is leaking. Council agreed this type of request is necessary to fulfill because it affects the health and welfare of the citizens of Austin. Motion to Reconsider The Council unanimously agreed to reconsider amending the moratorium on Sale of Water and Wastewater Taps in the South Austin Infill Study Area. The following motion was made to be included with ordinance amendments on the South Austin Infill Study Area: Motion The Council, on Mayor Pro Tem Trevino's motion, Councilmember Urdy's second, unanimously approved the following amendment: c. Sale of Water and Wastewater Taps in the South Austin Infill Study Area. d. In single family residences septic tank can hook on line at the request of the City Health Department if the septic tank is defective. Zoning Ordinances Amended Chapter 13-2 of the Austin City Code (Zoning Ordinance) to cover the following changes: HERBERT .C. CRUME, By Carter Investments C14-83-022 AUSTIN RENTALS JOINT VENTURE By J. Alton Bauerle C14-83-023 TOWNSEND-THOMPSON C14h-83-007 412 William Cannon Dr. From "BB" 1st H&A to "LR" 1st H&A 1413 W. 6th Street From "B" 2nd H&A to "0-1" 1st H&A 718 Congress Avenue From "C-2" 4th H&A to "C-2-H" 4th H&A Item Pulled Council pulled the following item from the agenda. It will be considered June 16, 1983: Consider amending the 1982-83 Capital Improvements Program and the 1982-83 Operating Budget by transferring $55,000 from the Nater and Wastewater Utility Council Memo ITEM PULLED - (Continued) 9 June 2, 1983 Fund Ending Balance to the Water CIP and appropriating funds for the Abilene Trail Oak Hill Water Main Project. INDUSTRIAL LOCATION POLICY Councilmember Shipman and Mayor Pro Tem Trevino introduced an item to Council to consider appointing an interdisciplinary task force to facilitate an industrial location policy for the City of Austin. Councilmember Shipman stated this idea was introduced at the Council's work session concerning goals and objectives two weeks ago. She feels the task force should be kept at a working number of no more than eleven and prefers nine. Mayor Pro Tem Trevino said it is important to begin this planning now to cover all ramifications, e.g. land use and area. He pointed out that MCC will bring in 400 people who are brains of the country and the support industries will need good technicians. Mayor Pro Tem Trevino said Austin should be able to provide training for our own people to do the jobs. He said there should be a work session and a public hearing before the task force is formed in order to have more time to develop the goals. Councilmember Shipman commented a new major employer locates here every 18 months. It was agreed Council will have a work session and date will be set by them in the near future. CARVER MUSEUM Councilmember Urdy introduced discussion of the future of the Carver Museum. Terry Childers, Assistant City Manager, suggested Council may want to appoint a Citizen's Advisory Board. Councilmember Urdy said he will bring back an item to appoint a Carver Museum Advisory Board. VENDING COMMISSION NAME CHANGE Mayor Mullen introduced an item for discussion to consider changing the name of the Vending Commission to Renaissance Market Commission and asked staff to draw up an ordinance and bring it back to Council. ITEM FOR GOALS WORK SESSION Councilmember Rose had put an item on the agenda for discussion to consider a resolution calling for a joint committee of Councilmembers and County Commission Members to consider mutual concerns regarding our County/City Road System. Не requested discussion of this at the Council's goals work session. APPEAL CONCERNING SPECIAL PERMIT Mayor Mullen opened the public hearing set for 2:00p.m. on an appeal from Mr. H.B. Howard of the Planning Commission's decision granting a Special Permit for Council Memo PERMIT - (Continued) 10 June 2, 1983 for Case No. C14p-83-005. Mayor Mullen announced the notices for the hearing erroneously stated the time as 4:00p.m. Parties concerned said they would speak at 4:00 p.m. in the event others appeared at that time rather than 2:00p.m. LATER, at 4:00p.m., the public hearing was as follows: Mr. Lillie, Director of Planning, told Council this hearing had begun on an earlier date and was scheduled for today because of lack of notice of the hearing to the neighbors. The appeal from Mr. Howard concerns his objection to apartments being built on Parker Lane, next door to Mr. Howard. Clark Heidrick, attorney representing Pat Casey Homes, reviewed the history. of the site plan process for the apartments and said the Planning Commission unanimously approved the apartments. Mr. H.B. Howard, 1908 Cedar Ridge Drive, told Council the apartments will be right next door to him with the roadway 18 feet from his bedroom window. The dumpster will also be near his house and he is afraid he will be overcome by carbon monoxide and garbage fumes. He said the 40 units on five acres will cause too much impervious cover so that when it rains it will cause flooding. Mr. Howard feels an apartment complex is poor planning in a residential neighborhood. Jerry Hill, South River City Citizens, said they support the special permit because 8 units are better than the 12 they could have. Mrs. Howard said she and her husband were not asked to attend the neighborhood meetings and she opposes granting of the special permit. Edgar James, architect on the project, said there were some changes made, and it is a good project. Norman Key, engineer on the project, said the site plan is adequate and there is no danger of flooding. Mr. James told Council parking and garbage will be away from Mr. Howard's property line. Mr. Heidrick gave his summation and said the dumpsters will be moved. Mr. Howard summarized and asked for an 8' fence if the project is granted and told Council that spot zoning is ruining the neighborhood. Motion The Council, on Councilmember Shipman's motion, Councilmember Spaeth's second, closed the public hearing, upheld the decision of the Planning Commission, and approved the Special Permit. (6-0 Vote, Councilmember Duncan abstained.) : Council Memo 11 STATUS OF CURRICULUM DEVELOPMENT FOR AISD June 2, 1983 Jerry Lawson, Administrator, Conservation and Renewable Energy Resources, appeared before Council, with a City Manager report on Status of Curriculum Development for AISD. He said they have been given funds to work on a program of energy related curriculum with AISD. The process has been underway for quite some time and this was their final report. A kit of energy information materials, like the ones given to teachers, was distributed to all members of the Council. BILLBOARD ORDINANCE Mr. Lonnie Davis, Director, Building Inspection, reported on the Billboard Ordinance which the City Council, last week, had directed the City Manager to secure an update for them. Mr. Davis referred to a copy of the Lubbock Billboard Ordinance which he had distributed to the members of the Council. Mr. Davis said the billboard regulations adopted in 1941 remained basically intact until 1972 when the State of Texas adopted the Highway Beautification Act and the City of Austin subsequently adopted the same regulations which is the heart of the City of Austin Billboard Ordinance. Since 1972 there have been five significant amendments to the Billboard Ordinance. In 1976 the sizing of billboards was reduced from 1200 square feet down to 700 square feet. In May, 1980, adopted height regulations for billboards located on the Interegional Highway and November 20, 1980 the scenic highway prohibition on billboards was established. On January 20, 1982 was the last and probably most significant amendment. It changed the spacing of billboards. Prior to that spacing requirments was 500' on Interstate and primary freeway systems. It was changed at that time to 1000'. On the balance of the highwyas through the City it was changed from 100' to 500'. Prior to the passage of that ordinance there were 70 permits for billboards taken out in the City of Austin. They are still going up today and Mr. Davis said eventually there will be a decrease through attrition. Mr. Davis recommended a moratorium on signs. Mr. Nias asked if the City can hold off issuing any more permits for a week while further determination is made. Mr. Terry Irion, Assistant City Attorney, said he does not know if they can ask Mr. Davis to slow down the process because if someone comes in for his sign that is legal under the ordinance it is Building Inspection Department's duty to honor it. Mayor Mullen told Mr. Davis to tell people when they come in for permits that the Council will consider the shortest grandfather clause as possible. After some discussion, Mayor Mullen asked that a notice be posted for a meeting at 7:15 a.m. on June 3, 1983 to take a vote on the billboard moratorium. GARBAGE PICK-UP SERVICES IN ALLEYS Mr. Richard Ridings reported on Garbage Pick-Up Services in Alleys. He showed slides of trucks in alleys with proof that there is no room for clearance of trucks in alleys. The report was a result of a request from Hyde Park residents that garbage be picked up in alleys rather than on the street. Mr. Ridings pointed out that trimming of vegetation in the alleys is not the answer and smaller trucks would be expensive and cause many problems. Mr. German discussed trucks with automatic containers but to try a pilot program would cost $12,000.00. Councilmember Duncan recommended a surcharge for Hyde Park residents if they want preferential treatment. ㅏ Council Memo 12 STATUS REPORT ON BRAKER LANE & JOLLYVILLE ROAD AREA June 2, 1983 Mr. John German, Director of Public Works, presented a Status Report on Braker Lane & Jollyville Road area. He said the Braker Lane Project is underway and there will be a right of way proposal soon. The Jollyville Road report has been put together by staff. He discussed water pressure in the area and said there should be the development of additional storage areas for adequate water pressure. Mr. Lillie told Council annexation process will be on the agenda this summer. Councilmember Shipman asked that Council be given further information in two weeks. NORTH AUSTIN MUD NO. 1 Council had before it a resolution to consider entering into a supplemental agreement with the North Austin Municipal Utility District No. 1 to provide for oversizing of water and wastewater facilities through contract bonds. Councilmember Duncan referred to a memorandum sent to Council (CITY CLERK DOES NOT HAVE COPY) that lists 7 reasons why the oversizing should be denied and it also states that it is now the desire of the Milwood Joint Venture that the oversizing not be done. "The concerns are that we reserve capacity to protect Austin's ETJ in the Cedar Park area. There are also some inaccuracies in the information given to us. We were given a map last week showing 720 acres in the approach main request and 2200 acres in the lake creek gravity flow to the North Austin MUD No. 1." Mr. Schwing, Director of Water and Wastewater, said there is approximately another 750 acres on the portion to the east. He said the additional area does not flow into the MUD and a pump station would be needed to bring the flow back from the southeasterly corner. Councilmember Duncan said the concern that has been raised is that Austin would not have the capacity to serve the area next to Cedar Park, All the area is in Growth Management Area 5. Councilmember Duncan requested that future requests in Growth Management Area 5, which is a low growth area, be so designated. He said he has concerns regarding capacity. Mr. German, Director of Public Works, asked if the primary concern on the property is that which is generally known as BrushytCreek..the property north of 620 and generally just east of 183, which is the 2200 acre area. There were questions asked by Council and it was determined to bring this question back later in the day after Ed Wendler Sr. had a chance to work with the staff. LATER IN THE DAY: Mr. German discussed the land area at 620 and east of 183 and said it can be served. Motion The Council, on Councilmember Duncan's motion, Mayor Pro Tem Trevino's second, instructed the City Manager to instruct the City Attorney to bring back an ordinance on June 9 approving extending the area. (7-0 Vote) Council Memo 13 1983-84 CDBG June 2, 1983 Council had before it for consideration a resolution to consider approval of the 1983-84 Community Development Block Grant Program Scopes of Work for Specific Program Activities. Councilmember Urdy made recommendations for changes to the East Austin Corridor Program. Councilmembers Duncan and Shipman had some questions concerning Conservation and Renewal of East Austin Housing and Neighborhoods and Council made a motion excluding this area until later in the meeting when some determinations had been concluded. Motion The Council, on Councilmember Duncan's motion, Councilmember Urdy's second, adopted a resolution approving the 1983-84 Community Development Block Grant Program Scopes of Work for Specific Program Activities.with the exception of East Austin Housing and Neighborhood Conservation and Renewal. (7-0 Vote) LATER IN THE DAY THE FOLLOWING MOTION WAS MADE: Motion The Council, on Councilmember Duncan's motion, Mayor Mullen's second, adopted a resolution approving East Austin Housing and Neighborhood Conservation and Renewal. (7-0 Vote) CITIZEN DID NOT APPEAR Mr. Leon Whitney, who had requested to appear before Council to discuss lack of response concerning his requests for refund of water and wastewater subdiviston review and inspection fee for Spicewood Estates, Section Two, did not appear before Council. His problem had been resolved. BOAT HOUSE DISCUSSED Mr. Dana Copp appeared before Council to discuss living quarters above a boat house on land side of existing shoreline. He gave some information to Council. CITY CLERK DID NOT RECEIVE COPY. Mr. Copp said he wants to put a master bedroom above a boat house in a house he is building. Mayor Mullen said Council needed more information and asked that this be put on the June 9, 1983 agenda as a resolution with adequate back up material. Mr. Lonnie Davis, Director of Building Inspection, told Council that Mr. Copp's request has already been presented to the Parks Board and was dented. Council Memo 14 June 2, 1983 BILLBOARDS DISCUSSED Mr. Sam Griswold appeared before Council to discuss the proposed ordinance dealing with billboards adjacent to residentially zoned property. He represented the Delwood Neighborhood Association. Mr. Griswold requested Council to put some teeth into the ordinance to prohibit construction of billboards within 500' of homes. PUBLIC HEARING TO BE CONTINUED public hearing Mayor Mullen opened the public hearing set for 2:30 p.m. to consider amending the Electrical Code to require all electrical installations in the City of Austin Underground Distribution Network Area to be wired in metal conduit pipe. Motion The Council, on Mayor Por Tem Trevino's motion, Councilmember Spaeth's second, voted to continue the public hearing to July 7, 1983 at 3:00p.m. (7-0 Vote) RECESS Council recessed its meeting at 3:45 p.m. and resumed its recessed meeting at 4:05 p.m. POWER BOATS ON TOWN LAKE The Council, on Councilmember Shipman's motion, Mayor Mullen's second, approved the request of Mr. George Tiedemann, National Sales Manager, Hammond Boat Company, for permission to operate four power boats on Town Lake in the vicinity of the Hyatt Regency for several hours on Tuesday, July 19, 1983 and Wednesday July 20, 1983 to introduce 1984 product line. EXECUTIVE SESSION Mayor Mullen announced Council will convene in a closed or executive session pursuant to Article 6252-17, V.T.C.S. to discuss the following matter. Any action to be taken will be done in open session. Age discrimination in employment litigation - Section 2, Paragraph e. RECESS Council recessed for Executive Session at 4:08 p.m. and resumed its recessed meeting at 4:35 p.m. Council Memo was made: 15 EMPLOYMENT LITIGATION June 2, 1983 As a result of discussion during Executive Session, the following motion Motion The Council, on Councilmember Spaeth's motion, Mayor Mullen's second, adopted a resolution authorizing the City Manager to intervene into the lawsuit Ε.E.O.C. v. City of Waco, City of Killeen, and the State of Texas, A-82-CA-11, before the U.S. District Court, Western District of Texas. (7-0 Vote) MORATORIUM DISCUSSED Mr. Terry Bray appeared before Council to request exemption from the South Austin moratorium. He represents a partnership known as 30 Limited that has owned a piece of property in South Austin on Stassney Lane, just west of South 1st Street, since 1971. Mr. Bray said he has been asked to ask for exemption of filing for a Special Permit because they think the property has unique reasons for being exempt. He gave a history of the property and said an error in the field notes was discovered six weeks ago. A committment for sewer service was made in 1971 or prior to that time. Owners of the tract paid to have a water line during the construction of Stassney. It ran beside Stassney and extended across during the reconstruction and stubbed out to this property at a number of fire hydrants. There is the necessary plumbing so one only has to tap into the line for the property. "We filed for final subdivision on the eight acres, which is the subject of my request, in December, 1981. We received back departmental comments that everything was clear with the exception of water and wastewater which was a surprise since we had made all the arrangements necessary for that service. We worked with staff to determine the situation and established that indeed the committment had been made in 1971 for wastewater service and in connection with water lines for water service, The Department acknowledged that in January, 1983, We were in the process of preparing for filing and submission of a Special Permit application. We were advised not to file that until we got confirmation from the Water and Wastewater Department that indeed the service was available. The confirmation was not signed and delivered until toward the end of March, 1983, We went forward with our Special Permit application only to discover that the City's field notes dealing with drainage easement which had been requested and granted on the property was incorrect and we therefore had to go back and re-do our site plan completely because of the mistake in the Engineering Department on the field notes. This brought us up to May and at that time we became aware of the moratorium and we did not have the opportunity to file the Special Permit and move it through the process. We have a water and wastewater committment, we have a zoning to allow the development of this tract for numerous purposes but not for the purpose for which we are seeking this special permit on an apartment project. We would have filed and processed that had we not run into a problem with City staff in trying to confirm the services. For that reason we request exemption." Councilmember Duncan said he opposes the exemption because he believes this is a prime example of the type of case the moratorium is all about. It is land zoning, they want to put in apartments. Councilmember Spaeth questioned why, if the City made the error, does the applicant have to be penalized. After some discussion, Mayor Mullen requested this be brought back for a decision on June 9, 1983 at 3:05 p.m. for consideration. Council Memo 16 CITIZEN DID NOT APPEAR June 2, 1983 Mr. Bill Moellendorf, who had requested to appear before Council to request exemption from tap moratorium to allow placement of a portable classroom at Dawson Elementary School, 3001 South 1st Street, did not appear. SEPTIC TANK Mr. Orin Cluck appeared to request exemption from the tap moratorium to change a septic tank to the city's sewer system for property located at 6505 Manchaca Road. (Council agreed, the ordinance listed on page 8 of this Minute Memo was reconsidered, and Mr. Cluck's circumstance included.) SOUTH AUSTIN MORATORIUM Mr. James Pinedo appeared before Council to discuss the South Austin moratorium. He expressed fears that the exemptions to the moratorium will water it down too much. ZONING HEARINGS Mayor McClellan announced Council would hear zoning cases scheduled for 4:00 p.m. Council heard, closed the public hearing, granted and instructed the City Attorney to draw the necessary ordinances to cover the following zoning changes: C14-83 JIM HENERY 045 C14-83 JACK C. GIBSON 046 By Adan Castaneda C14-83 H. DAVID HUGHES, 048 TRUSTEE By David B. Armbrust 5602 Woodrow Street 6516 Berkman Drive From "A" 1st H&A Το "BB" 1st H&A RECOMMENDED (as amended) GRANTED AS RECOMMENDED From "B" 1st H&A Το "0-1" 1st H&A RECOMMENDED (as amended) GRANTED AS RECOMMENDED 202 West 17th Street From "B" 3rd H&A C14-83 EDWARD JOSEPH 8313-8419 Cameron Rd. 050 DEVELOPMENTS, INC. 8401-8405 & 8400-8422 By W. M. Faust Clear Creek Drive To "C" 3rd H&A RECOMMENDED GRANTED AS RECOMMENDED From Interim "AA" Ist H&A Το "B" 1st H&A RECOMMENDED GRANTED AS RECOMMENDED Council Memo 17 June 2, 1983 ZONING HEARINGS - (Continued) C14 -83 CITY OF AUSTIN 064 PLANNING Department C14 h-83 SAMPSON-HENRICKS 011 BUILDING By George S. Nalle, Sr. and Rush Sidereal Drive, Phoebe Court, Terra Nova Lane, Adelphi Cove, From Interim "AA" 1st H&A To "AA" 1st H&A RECOMMENDED GRANTED AS RECOMMENDED Sceptre Cove, Mercury Lane, 4600-4702 & 4601-4703 Callisto Terrace 4300-4702 & 4301-4703 Ganymede Drive 4700-4804 & 4701-4800 Marblehead Drive 12300-12422 & 12301-12421 Turtleback Lane 12210-12430 & 12213-12421 Wycliff Lane 4600-4612 & 4601-4619 Hawkhaven Lane 4105-4715 & 4106-4714 Adelphi Lane 12412, 12413 & 12415 Blosswood Drive 4402 & 4403 Cavern Springs Road 4404-4514 & 4405-4511 Cumbria Lane 12208-12214 & 12209-12219 Arrowood Drive 4600-4612 & 4601-4619 Hawkhaven Lane 4500-4812 & 4501-4813 Pelham Drive 12300-12301 Bedrock Trail 4800 & 4801 Lemans Place 12314-12317 Antoinette Place 622 Congress Avenue From "C-2" 4th H&A Το "C-2-H" 4th H&A RECOMMENDED GRANTED AS RECOMMENDED Properties C14 h-78 RISHER-ROACH 513 East 6th Street 045 BUILDING By Steven M. Frietag From "C-2-H" 4th H&A To "C-2" 4th H&A RECOMMENDED GRANTED AS RECOMMENDED (On Mayor Pro Tem Trevino's motion, Councilmember Urdy's second, 7-0 Vote) C14-83 JOHNNIE G. 026 ANDERSON By Howard E. Brunson (On Mayor Pro Tem Trevino's motion, 902 East 49th Street From "C" 1st H&A To "C-1" 1st H&A RECOMMENDED "C-1" for building envelope, access is to be limited to Airport Boulevard. GRANTED AS RECOMMENDED Mayor Mullen's second, 7-0 Vote) Council Memo ZONING (Continued) 18 June 2, 1983 C14-83 HENRY WENDLANDT. 2222 Rosewood Ave. 063 JR. & GENE NAUMANN also bounded by By Miguel "Mike" Guerrero Chestnut Avenue From "C" 2nd H&A To "C-2" 2nd H&A RECOMMENDED "C-2" tied to site plan. GRANTED AS RECOMMENDED Councilmember Shipman stated that she has never voted for a bar next to a park. (On Mayor Pro Tem Trevino's motion, Councilmember Urdy's second, 6-1 Vote, Councilmember Shipman voted No.) C14 -81 WILSON FOREMAN 006 C14 -81 WILLIAM S. 055 SHIPMAN, TRUSTEE C14 -81 H. C. CARTER, 149 SPICEWOOD, LTD. : 3416-3418 Duval Road From Interim "AA" 1st H&A To "A-2" & "AA" 1st H&A RECOMMENDED EXTENSION GRANTED EXTENSION 2103-2305 Montopolis From "A" Ist H&A Drive 3816 Spicewood Springs Drive To "0" 1st H&A RECOMMENDED EXTENSION GRANTED EXTENSION From "BB" 1st H&A Το "0-1" 1st H&A 7901-7905 Ваywood Dr. RECOMMENDED EXTENSION C14 r-81 CFC/HARDIN JOINT 8018-8114 Hwy. 290 217 VENTURE C14 r-82 JOHN STREET 021 DEVELOPERS East 6200-6400 Balcones Drive 3419-3425 North Hills Drive GRANTED EXTENSION From Interim "A" 1st H&A To "DL" 1st H&A RECOMMENDED EXTENSION GRANTED EXTENSION From Interim "A" Ist H&A To "0" 1st H&A RECOMMENDED EXTENSION GRANTED EXTENSION (On Mayor Pro Tem Trevino's motion, Mayor Mullen's second, 6-0 Vote, Councilmember Urdy was out of the room.) Council Memo ZONING - (Continued) 19 C14-83 JOE SMITH & FRED 6405-6409 Manchaca 001 MARTIN By Virgil Waggoner Road June 2, 1983 From Interim "A" 1st H&A To "O" Ist H&A Substitute motion to grant "0" 1st H&A restricted to 24 units/ acre for apartments and provide site plan failed by a vote of 3-4; original motion to deny "0" 1st H&A 4-3. GRANTED HO" WITH 15' SET BACK AND PRIVACY FENCE (On Councilmember Duncan's motion, Councilmember Shipman's second, 7-0 Vote) RECESS Council recessed its meeting at 6:00p.m. and resumed its recessed meeting at 6:15 p.m. to continue zoning hearings. : C14-83 JACK N. PRICE 501 West 38th Street From "A" 1st H&A 057 By John B. Sanford Το "0-1" 2nd H&A RECOMMENDED GRANTED AS RECOMMENDED Mr. Lillie, Director of Planning, reviewed the application by use of slides. Mr. John Sanford showed plans. Ruth Dreider and Dorothy Richter both expressed their approval. (On Mayor Pro Tem Trevino's motion, Councilmember Shipman's second, 7-0 Vote) C14-83 FIRST CITY 043 NATIONAL BANK, TRUSTEE By Phil Mockford 1900-1902 West 35th Street, also bounded by Oakmont Blvd. GRANTED WITHOUT 15 WEST 35TH STREET From "A" Ist H&A To "0-1" 1st H&A RECOMMENDED (as amended) subject to 15' of right-of-way on West 35th, driveway access limited to Oakmont. RIGHT-OF-WAY ON (On Councilmember Duncan's motion, Councilmember Rose's second, 7-0 Vote) Council Memo ZONING - (Continued) 20 June 2, 1983 C14-83 FRANCES LORENA 051 BRANTLEY, THOMAS M. PRICE, ARTHUR & VIRGINIA DUNLAP AND JAMES ARTHUR & NANCY G. SMITH By Ultra Invest- ments, Inc. To 2000-2012 Cullen Ave. From "A" 1st H&A 7008-7100 Hardy "B" 1st H&A RECOMMENDED subject to 5' of "A" along Hardy, limited to 160 units, two-story units along Hardy only, subject to site plan approval. GRANTED AS RECOMMENDED (On Councilmember Shipman's motion, Mayor Pro Tem Trevino's second, 7-0 Vote) RECESS Council recessed its meeting at 7:50 p.m. and resumed its recessed meeting at 8:03 p.m. to continue zoning hearings. C14-83 ROBERT H. HOLMES 053 By James J. Amis 807 W. Martin Luther King Boulevard This was discussed in conjunction with C14-83-052. To From "A" 1st H&A "0" 1st H&A RECOMMENDED subject to restrictive covenant submitted for Faulkner Medical Center, noting amendment to paragraph #2 of restrictive covenant to allow for the proposed use only; applicant is to work with the Urban Transportation to design one-way driveway; Building Inspection is to give City Council an interpretation of an eleemosynary institution. GRANTED AS RECOMMENDED (On Councilmember Shipman's motion, Mayor Pro Tem Trevino's second, 7-0 Vote) Council Memo ZONING - (Continued) 21 June 2, 1983 , C14-83 DELOIS J. FAULKNER 805 W. Martin L. King From "BB" 1st H&A 052 By James J. Amis Boulevard Heard with C14-83-053 To "0" 1st H&A RECOMMENDED subject to restrictive covenant submitted for Faulkner Medical Center, noting amendment to paragraph #2 of restrictive covenant to allow for the proposed use only; applicant is to work with Urban Transportation to design one-way driveway; Building Inspection is to give City Council an interpretation of an eleemosynary institution. GRANTED AS RECOMMENDED Jim Amis, representing the owner of 805 West Martin L. King, told Council use of the property will be for families to stay while a patient is being treated at Faulkner Medical Center, He said the property will be used as a residence hotel.. Eden Box, realtor for the buyers and sellers, told Council the use will maintain the neighborhood balance and urged their approval. Dan Bowie, Executive Directir Greater Austin Council on Alcoholism, and Kemp Forrest of the same group, both urged Council's approval. They said it is very important for families to be a part of the treatment. Dick Stanford and Joe Maverick both spoke for the zoning change. Suzanne Cannon, 1711 San Gabriel, said the neighborhood objects because the house should remain residential, She said they prefer guest quarters, but Council is being asked to zone straight "0". Jim Martindale showed slides to illustrate the residential character of the neighborhood. Barbara Duke, 1803 Pearl Street, asked for "B" zoning rather than "0", Mrs. Perry Jones, who lives on Pearl Street, is against the zoning change. Suzanne Cannon, as spokesperson for the neighborhood, summarized their postion by stating their neighborhood does not need a great rejuvenation. She said they would not be opposed to a fraternity or a boarding house and asked Council if they can compromise to solve any problems. A discussion continued concerning parking, etc. Council Memo ZONING 22 - (Continued) Council discussed parking and other issues. Motion June 2, 1983 Councilmember Shipman made a motion, seconded by Councilmember Duncan, to deny "0" Office zoning. (C14-83-053) Councilmember Shipman said she cannot support "0" zoning in a neighborhood because it goes with the land and is permanent. She said she cannot support office zoning on either tract. Mayor Mullen asked Councilmember Duncan, "I heard you say you will support "0" office for single use. Do you still support that?" Councilmember Duncan said, "For guest house use only, but I don't think that is acceptable to the applicant." Mayor Mullen asked someone to make a friendly amendment to "0" Office with guest house use only. Friendly Amendment Councilmember Duncan offered a friendly amendment to zone "0" office for guest house use only. Councilmember Shipman accepted the friendly amendment. Councilmember Spaeth asked if at some future date "that could be re-amended." Mr. Lillie told him that Council already has a policy on amending restrictive covenants. It goes back through the process like an original zoning case. Councilmember Spaeth asked, "In a patchwork way are we back to the Planning Commission recommendation?" Mayor Mullen said probably, "That is exactly what the motion would be, to uphold the Planning Commission's recommendation." Councilmember Spaeth asked to have the motion repeated. Motion Restated Councilmember Shipman said the motion is to permit "0" office zoning, restricted to guest house use only and tied specifically to the site plan as presented here this evening with the one way driveway on Pearl, exiting on West. Councilmember Urdy asked if her motion applies to both cases. She said it applies to C14-83-053 only. Jim Amis asked for a clarification. He said "as part of the hotel guest quarters we also need to be able to do counseling and have offices related to that as a part of our program. If we could clarify that we would be able to do that, in other words have our out patient counseling program as well as have family counseling for people who are living in the hotel guest quarters, we would be willing to concede to this question, but we have to have the capability to use it in concert with the program we are proposing." Councilmember Urdy said the Planning Commission recommendation was for the proposed use. Council Memo ZONING - (Continued) 23 June 2, 1983 Mayor Mullen asked, "Does the Planning Commission recommendation allow you to function but you are restricted, is that what I understand? Mr. Lillie, is that what the situation is? ....0.K., it's their use only." Mayor Mullen referred to a letter from Urban Associates addressed to Richard Lillie, Director of Planning, and gave a copy to the City Clerk. Mayor Mullen read into the minutes the following letter from Urban Associates, Inc., 706 West Tenth Street, Austin, Texas 78701: Re: C14-83-052 C14-83-053 Dear Mr. Lillies : With respect to your request of May 17, 1983 regarding clarification of the proposed uses in the above referenced zoning cases, please be advised as follows: 1. The principal use proposed by the applicant is for hotel type use, or guest quarters, using the existing structures and to serve family members or concerned others of clients of The Faulkner Center, a residential treatment center for alcoholism and drug abuse located approximately one block away at 1904 Rio Grande Street, and and other Faulkner Programs. 2. Guest rooms will be available for rental on a daily basis to serve transient occupancy of guests described above. All services will be on an individual basis, including meals, and are not a requirement of occupancy. 3. The properties, while owned by DeLois Faulkner, will be managed by Faulkner Guest Quarters, a Texas corporation established for profit. 4. Additionally, individual and group counseling may be provided in the meeting rooms associated in each facility. Further, family counseling on an out-patient basis may be offered. Mayor Mullen said item 3 is not a part of the zoning case and should not have anything to do with it. Roll Call on Motion with Friendly Amendment 7-0 Vote Council Memo 24 ZONING - (Continued) Mayor Mullen then asked for a motion on C14-83-052. June 2, 1983 ! Motion The Council, on Councilmember Shipman's motion, Mayor Pro Tem Trevino's second, voted to approve "0" Office zoning, restricted to guest house use only and tied to the site plan. (7-0 Vote) -- C14-83 JAMES C. HUDSON 056 By Kenny Dryden 1700-1704 W. 6th St. From "A" 1st H&A Το "0-1" 1st H&A RECOMMENDED subject to site plan, dedication of 8' of right-of-way on Augusta, upgrading of Augusta to 30', applicant is to pave portion of alley adjacent to subject tract, traffic is to be directed one-way east on alley, fence is to be constructed on north property line. GRANTED AS RECOMMENDED WITH TWO-WAY ALLEY Motion A motion was made by Mayor Pro Tem Trevino, seconded by Mayor Mullen to grant as recommended. Motion passed by 7-0 Vote. LATER IN THE DAY: Motion to Reconsider The Council, on Councilmember Duncan's motion, Mayor Pro Tem Trevino's second, voted to reconsider the zoning case. (6-0 Vote, Councilmember Urdy was out of the room.) Mr. Lillie reviewed the application by means of slides. Doug Nichols, representing the applicant, showed slides of the site plan. He said they will build three old style houses for offices. Will Dibbrell and Rick Patrick spoke against the zoning change. They said residences can be built on West 6th Street. (On Councilmember Rose's motion, Councilmember Duncan's second, 6-1 Vote, Councilmember Shipman voted No.) Council Memo ZONINGS - (Continued) 25 June 2, 1983 C14-77 ALBERT VANDERLEE 12001 U.S. 183 098 12200 Howlett Court From Interim "AA" Ist H&A To "0" & "A" 1st H&A 12100-12102 Bell Ave. RECOMMENDED EXTENSION 12000-12004 Tweed Ct. GRANTED EXTENSION 5901-5999 & 6000-6004 McCoy Road UNDER LANDSCAPE ORDINANCE BRING IN LETTER IN 10 DAYS FROM THE OWNER AGREEING (On Councilmember Shipman's motion, Councilmember Duncan's second 7-0 Vote) C14 -83 DR. MAURICE COHN 1105 West 40th St. 027 By S. Leo Newman & Richard Martinez From "A" 1st H&A To "0" 1st H&A NOT RECOMMENDED GRANTED "O" WITH FOUR CARS ONLY ALLOWED IN EIGHT SPACE PARKING AREA AND NINE POINTS OF AGREEMENT Zoning application was reviewed by Mr. Lillie. Tom Curtis, representing the applicant, told Council there is just one issue in controversy with the neighborhood....the disagreement concerning eight parking spaces on the rear of the lot. The neighborhood wants to allow only four cars to be parked there. A man who did not identify himself, spoke about the parking. Curtis Dickson, spokesman for the Rosewood Neighborhood Association, said they do not want this zoning change at all, but if it is granted they want the following nine points agreed to: (1) Both sides agree to A-Historical zoning on the front half of the lot where the residence sits. The doctors would actively seek historical zoning on the lot and agree to a covenant. (2) Covenant for A-H (3) "0" office on back half of the lot. (4) Doctors agree to a 5' strip of "A" residential along the entire west side of this lot and a 5" "A" residential on the south side of the lot. (If 5t cannot be done then neighborhood willing to look at 4') Council Memo ZONING - (Continued) 26 June 2, 1983 (5) Agree to have 5' strip of "A" residential zoning on the west side of the current "0" zoned office lot where they are proposing to put up the building. (This would allow a complete buffer around the property.) (6) Agreement to restrict the 8 space parking lot on back half of lot to four staff cars only. (7) Agree to put a fence around the parking lot with appropriate landscaping. (8) If Historical zoning not obtained for house then they will agree to withdraw their zoning request for 18 months. (9) Applicant will not purchase any adjacent lots and agree to actively oppose any zoning change proposal on adjacent lots. (On Mayor Pro Tem Trevino's motion, Councilmember Spaeth's second, 7-0 Vote) Zoning Hearings to be Continued Council heard the following cases and voted to continue the public hearings as follows: C14 r-83 JONES-PREWITT 029 DEVELOPMENT, INC. By Kinney Kaler Crews 9119-9143 Jollyville From "0" 1st H&A Road To Tr. 1 "0" 2nd H&A Tr. 2 "LR" 1st H&A RECOMMENDED 9372-9394 Research Boulevard PUBLIC HEARING TO BE CONTINUED JUNE 9, 1983 AT 2:00 P.Μ. Mr. Lillie reviewed the application by use of slides. Information was given to Councilmembers. CITY CLERK DID NOT RECEIVE A COPY. Gerard Kinney, with Kinney Kaler Crews architectural firm, told Council they plan an 80,000 square foot office area with two buildings occurring in the natural clearing of the trees. He showed plans. Water and sewer taps have been purchased. Paul Crews said objections are to increased density but well planned growth is acceptable. Sid Sanders, architect with Kinney Kaler Crews, discussed the lack of visual contact of buildings to neighborhood. Leo Dodson, representing Freese & Nichols, engineers, said they have analyzed the traffic impact and it will not be too great. i Council Memo ZONING - (Continued) 27 June 2, 1983 Bob Leonard, Balcones Civic Association, told Council that a year ago, the applicant submitted a different plan and said traffic would be impacted by the office and now they say it will not. Ronald Renay, 4915 Hycrest, said he objects that re-zoning for one site will set the potential for the rest of the area. He said the traffic impact will change because of the zoning. Thomas Sedbury, neighborhood resident, said he is afraid other tracts in the area will seek the same type zoning. A woman who did not identify herself said the effect on 183 will be horrendous and will violate the recommendations of the 183 study. Gary McKenzie, zoning chairman of Balcones Civic Association, showed a chart of the amount of traffic on Mesa across 183 and Jollyville Road. impact. Nick Brown, Balcones Civic Association, discussed the building and traffic Girard Kinney discussed the merits of their plan. Discussion followed. Councilmember Shipman suggested the applicant and neighborhood meet and discuss their difference of opintons and made the following motion: Motion Councilmember Shipman made a motion, seconded by Councilmember Duncan to "direct the Planning Department and the Urban Transportation Department to conduct a thorough study in the area of Jollyville Road to Loop 360 to Mopac and make specific recommendations because the pending traffic problems, given the existing zoning that is already there, the narrowness of the roadway, how we are going to fund any improvements and that they include in this study Mesa all the way down to Steck, and that they also consider for the study the impact of two years of construction at the major interchange because it will have a bearing on traffic going down Steck to Mesa. Then move on with the transportation study separat separate from this specific case because this particular site is not the total problem and the merits of this site do not warrant a full study but the whole area does because it is undeveloped." Councilmember Duncan said the neighborhood is not aware of one approved site plan and the applicants have a new site plan.which the neighborhood has seen. The old site plan is in force and can be built right now. Mayor Mullen said the neighborhoo should see what has been approved and compare it to what is being proposed. Roll Call on Motion 7-0 Vote Council Memo ZONING HEARINGS 28 - (Continued) June 2, 1983 4:15 p.m. C14-83 JOHN FELTER 060 By Leo Danze 5400-6404 Decker Lane From Interim "AA" 1st H&A "MH" 1st H&A To RECOMMENDED PUBLIC HEARING TO BE CONTINUED ON JUNE 16, 1983 AT 4:15 P.Μ. Council unanimously agreed to continue the public hearing to June 16 at Johhny Rios appeared before Council to comment that he has been waiting for City services for five years. His property was annexed that long ago. He questioned that if this subdivision gets everything, when will his neighborhood get their services. --- C14-83 DR. LUCY MARRERO 054 DR. DOYLE LESLIE By Mauro, Sarrett, & Wendler 800-804 South Center From "0-1", "LR", & 3604-3618 South 2nd "A" 1st H&A Street To "LR" 2nd H&A NOT RECOMMENDED RECOMMENDED "LR" 2nd for footprint only limited to 40' height, grant "0-1" 1st for remainder of tract, subject to Items 2, 3, 4 & 5 of written agreement between applicant and neighbor- hood, dedicate 30' of right-of-way from centerline on South 2nd Street, accept alternate site plan. PUBLIC HEARING TO BE CONTINUED JUNE 9, 1983 AT 5:00 PM. Council first approved this zoning request in a consent motion on Councilmember Urdy's motion, Mayor Pro Tem Trevino's second, 5-2 Vote, Councilmembers Duncan and Shipman voted No. Later, when a member of the audience said they wanted to speak on the zoning change, Council agreed to reconsider their approval on Mayor Pro Tem Trevino's motion and Mayor Mullen's second, 6-0 Vote with Councilmember Urdy out of the room. (On Mayor Pro Tem Trevino's motion, Councilmember Mullen's second, 6-0 Vote, Councilmember Urdy out of the room.) : Council Memo ZONING HEARINGS - (Continued) 29 Pending Zoning Applications Hearing Continued June 2, 1983 The following pending zoning applications will be heard on June 9, 1983 at 3:25 Ρ.Μ.: C14-79 FRANK Y. SMITH 032 To 10540-11740 U.S. 183 From Interim "AA" 1st H&A "0" 1st H&A RECOMMENDED EXTENSION C14-79 JOAQUIN ZENDEJAS 106-300 E. Rundberg From Interim "AA" 1st H&A 263 Lane Το "LR", "O" & "A-2" 1st H&A RECOMMENDED EXTENSION Continuation of hearings unanimously approved by Council, no motion made.) Case Referred to Planning Commission The Council, on Councilmember Shipman's motion, Councilmember Duncan's second, referred the following zoning application to the Planning Commission for another public hearing: (7-0 Vote) C14 -83 T. L. WEATHERS 047 By S. A. Garza Proposed extension of Pleasant Valley Road rear of Ware Road, also bounded by Benjamin Street Zonings Dented From "A" & "LA" 1st H&A "BB" Ist NOT RECOMMENDED To REFER TO PLANNING COMMISSION FOR ANOTHER PUBLIC HEARING Council heard and DENIED the following applications for zoning changes: C14-83 MERLE A. & 041 MARGARET P. LANG 1909 Parker Lane From "A" 1st H&A To "B" 1st M&A NOT RECOMMENDED CLOSED PUBLIC HEARING AND DENIED Mr. Lillie reviewed tha application and said the owner wants to add one unit. to his property. Merle Lang, applicant, appeared before Council to say he originally had applied for "BB" but had been told he needs "B". Council Memo ZONING - (Continued) 30 June 2, 1983 Mr. Howard, who lives at 1908 Cedar Ridge, told Council that the requested change consists of spot zoning. He said he is surrounded by commercial property in a residential area. Mrs. Howard spoke agains the zoning request. She said it will ruin the neighborhood. Mr. Lang returned to say he will have four car ports for the property. (On Councilmember Spaeth's motion, Councilmember Duncan's second, 7-0 Vote) C14 h-83 ROBINSON-MCNEAL 012. HOUSE By City of Austin 706 Rio Grande From "0" 2nd H&A To "O-H" 2nd H&A NOT RECOMMENDED CLOSED PUBLIC HEARING AND DENIED Mr. Lillie reviewed the application. He said the owner does not favor the "H" zoning and has submitted a letter to that effect. This means Council would have to pass the request by a 6-0 Vote. Blake Alexander, member of the Historic Landmark Commission, said they recommend "H" zoning. Betty Phillips, also a member of the Commission, spoke in favor of "H" zoning. Robert Wagner, who owns the house, said this request in an erosion of the rights of personal property and is confiscatory. He said the Landmark Commission is trying to take from him part of his ownership. (On Councilmember Rose's motion, Councilmember Spaeth's second, 6-1 Vote, Councilmember Shipman voted No.) C14-83 C. REX WOMBLE 037 6501 Shirley Avenue From "B" 1st H&A To "C" Ist H&A RECOMMENDED "C" 1st H&A subject to a privacy fence on the south, east and north property line, no access onto Irma, a site plan is to be submitted in the event a structure is constructed on the site. (4-4) CLOSED PUBLIC HEARING AND DENIED Mr. Lillte reviewed by use of slides. Mr. Womble asked Council to approve. (On Councilmember Shipman's motion, Councilmember Duncan's second, 7-0 Vote.) Council Memo 31 June 2, 1983 PUBLIC HEARING - UMTA GRANT Mayor Mullen opened the public hearing set for 5:30p.m. to consider authorizing submission of a grant application to Urban Mass Transportation Administration for a Capital Assistance Grant totalling $3,052,827.00. Roger Baker read the following comments from Lyndon Henry, Executive Director, Texas Association for Public Transportation. "On behalf of the Texas Association for Public Transportation I wish to express our support for the application for Federal Mass Transit Grant to acquire 13 full-sized busses and other items. This Grant and other efforts to bolster Austin's existing transit system are particularly important in view of the exciting possibility of implementing an expanded and upgraded mass transit system by a Metropolitan Transit Authority. And MTA will inherit the Austin Transit system. Hopefully, it will implement much needed changes such as restructuring the route system, dramatically improving service and starting a light rail system, but at MTA's point of departure will be the level of transit service it inherits from Austin Transit. "We need to effect the highest level of service that we can now, with existing resources, so as to optimize MTA's success when and if it gets going. Currently, over 90% of the City transportation budget is allocated to roadway, in other words, subsidizing the automobile. We need to start moving towards the City transportation budget more equitable for transit and pedestrians. By allocating a greater slice of the transportation budget pie to transit, the City of Austin will have funds needed to start moving towards a decent transit system even before an MTA gets going. ........ "The present grant application is an improvement over the earlier proposal because this one would temporarily defer Park and Ride facilities in favor of increasing the bus And the Texas Association for Public Transportation is all for capital improvements for transit, but before proceeding with the implementation of six facilities, the transit development process should be integrated with possible plans for a new expanded system, which an MTA would probably implement, such as light rail. In other words, before jumping into Park and Ride projects, let's look more closely at where these projects should be located in terms of a new mass transit system. "The transit grant application for requiring 13 full-size busses would allow us to do this and deserves support." These are Lyndon Henry's comments. I would also like to make a few additional comments. The alternative that was proposed earlier and was voted favorably by the voters in the C.I.P. calls for Park and Ride facilities, and this has since been delayed, is recommended to be delayed by the Urban Transportation Department. But I think we need to look more closely at some of the costs that were proposed for the Park and Ride. For instance, they proposed a three-acre site on 183, which they estimated would cost about $280,000 per acre. Council Memo HEARING - (Continued) 32 June 2, 1983 ....... Now, in a recent Neal Spelce letter April 29, it says that frontage on U.S. 183 in the northwest was selling for $80,000 an acre. So the huge discrepancy between what the business community estimates the cost is, and what Urban Transportation is estimating the cost as.. This maybe because the site hasn't been pinned down, but you know, I think we need to pin down the site first, before we start asking for money.. You know votes Austin voters and from the Federal government for building the thing. There is an incentive to inflate the cost because any cost overruns can be allocated into the administrative budget of the Urban Transportation Department. And that's probably good for the Urban Transportation Department administration, but it is not necessarily to the taxpayers. So I think we need to look more closely at the..at the cost of the Park and Ride system, and find out what a good location would be before we start to asking for money. : PLANNING COMMISSION MEMBER The Council, on Councilmember Duncan's motion, Mayor Pro Tem Trevino's second, appointed Jim Butler to the Planning Commission. (7-0 Vote) MINUTES APPROVED The Council, on Councilmember Duncan's motion, Mayor Pro Tem Trevino's second, approved the Minutes of Regular Meeting of May 19, 1983 and May 26, 1983; and Special Meetings of May 15, 24 and 25, 1983, (7-0 Vote) The Council, on Councilmember Duncan's motion, Mayor Pro Tem Trevino's second, approved the minutes of April 28, 1983, (6-0 Vote, Councilmember Shipman abstained.) . ADJOURNMENT Council adjourned its meeting at 11:00p.m.