TY OF FOUNDED 1839 Austin City Council MINUTES For February 07, 1985 - 1:00 P.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 Jorge Carrasco City Manager Elden Aldridge City Clerk Council Chambers, 307 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 absence of Councilmember Urdy and Mayor Pro Tem Trevino, who entered the Council Chamber later in the day. The meeting recessed at 1:15 for an Austin Housing meeting and recessed meeting resumed at 1:19 p.m. MINUTES APPROVED The Council, on Councilmember Shipman's motion, Councilmember Rose's second, approved the minutes for regular meetings of January 10, 1985 and January 31, 1985. (5-0 Vote, Councilmember Urdy and Mayor Pro Tem Trevino absent.) CONSENT ORDINANCES The Council, on Councilmember Duncan's motion, Mayor Mullen's second, waived the requirement for three readings and finally passed the following ordinances in one consent motion: (5-0 Vote, Councilmember Urdy and Mayor Pro Tem Trevino absent) Operating Budget Amendment by: a. Amended the 1984-85 Annual Operating Budget Accepting $15,000 from the University of Texas Health Science Center at Houston for OB/Gyn physician services. Council Memo Water Conservation Plan 2 : 2/7/85 Approved amendments to the Water Conservation Plan. Flora-Rama Approved an ordinance to limit free access to Zilker Municipal Gardens for two days and admission be by donation of $1 for entrance to the 28th Annual Flora-Rama to be held Saturday and Sunday, May 4 & 5, 1985. Speed Zones zones: Amended the Austin City Code to modify the following speed Section 11-2-99(d) (School Speed Zone) 20 mph DELETE: South 1st Street from 200 feet north of West Annie to 200 feet south of West Annie (Becker School) William Cannon Drive from 300 feet east of South Congress Avenue (west curb). ADD: South 1st Street from 365 feet south of the north curb line of Monroe Street (south intersection) to 390 feet north of the south curb line of Monroe Street (north intersection) Section 11-2-99(1) (School Speed Zone) 25 mph ADD: William Cannon Drive from 300 feet east of South Congress Avenue (east curb) to 300 feet west of South Congress Avenue (west curb). (Pleasant Hill Elementary School) Zoning Ordinances Approved amending Chapter 13-2 of the Austin City Code (Zoning Ordinance) to cover the following changes: JUDSON F. CARY By David C. Graeber C14-84-184 4926 Spicewood Springs From Interim "SF-2" Road to "LO" EMERGENCY PASSAGE OF ORDINANCE MARY C. TORRES 6101 Sheridan Avenue By Thomas W. Remley C14-84-073 From "SF-3" to "GO" Council Memo ZONING - (Continued) 3 2/7/85 NORMA E. CORLEY, ET AL C14-84-185 BRAKER LAND JOINT VENTURE By Cunningham-Graves, Inc. AUSTIN CENTER NORTH By G.W. Thompson C14r-83-128 GIL KUYKENDALL C14-84-368 HELEN D. NOHRA C14-84-411 WILLIAM C. DAMERAU C14-84-176 1615-1617 E. 7th Street 824-930 Braker Lane 8033 Research Blvd. 1215 Parkway 4123 Avenue G 3900 Valley View Road From "SF-3" to "GR" From Interim "SF-2" to "GR" and "SF-3" From Interim "SF-3" to "CS" & "SF-3" From "MF-3" to "LO" From "MF-2" to "SF-6" From "SF-3" to "MF-2" CONSENT RESOLUTIONS The Council, on Councilmember Shipman's motion, Mayor Mullen's second, adopted the following resolutions in one consent motion: (6-0 Vote, Councilmember Urdy absent) Release of Easements Authorized release of the following easements: a. b. The 5' Public Utility Easement on the common lot line of Lot 7 and 8, Shoal Terrace, 1110 Claire Avenue. (Request submitted by Mrs. Carol Chambers) A portion of the Public Utility and Drainage Easement on Lot 11, Block J, Walnut Creek Business Park, Phase A, Section I, Centre Creek Drive at Cross Park Drive. (Request submitted by Mr. Wayne Stolz) Item Pulled Postponed dedication of 2,159 square feet for public utilities easement and 7240 acre for wastewater easement upon and across a City-owned tract of land. Eminent Domain Proceedings Authorized eminent domain proceedings to acquire a tract of land for the Cameron Road Street Improvement program. (Jack White, et ux Susan G. White, owners) ! Council Memo Sale of Land 4 2/7/85 : Approved the sale of surplus-City-owned real estate (S-139) to the First City National Bank of Austin, Texas, Trustee, and approving the dedication of right-of-way to Travis County. Payment to Valero Authorized payment to Valero Transmission Company in the amount of $7,898.94 to reimburse the Valero Transmission Company for the adjustment of an existing petroleum pipe line located in a private easement across right-of-way for Stassney Lane. CAPITAL IMPROVEMENTS PROGRAM No. 81/61-11. Contracts Approved Approved the following contracts: FRU-CON OF HOUSTON, TEXAS 10255 Richmond Avenue. Houston, Texas SHARED MEDICAL SYSTEMS (SMS) 800 East Campbell Road, Suite 295 Richardson, Texas West Bull Creek Water System - CAPITAL IMPROVEMENTS PROGRAM - 1985-87 Hydraulic Capacity Improvements at the Albert R. Davis Water Treatment Plant - $12,799,000.00 C.I.P. No. 76/22-84 Patient Accounting System, Brackenridge Hospital Total $685,000 BH4180 Approved agreement regarding the construction of improvements to the water system in the West Bull Creek Area. Master Plan Approved acceptance of the East 11th/Rosewood and East 12th Urban design master plan submitted by Carter and Parshall Associates. CableVision Granted Austin CableVision an additional twelve month deferral for providing a home and business security system until January 16, 1986. River Place MUD Approved out-of-district service by the River Place MUD. ! Council Memo 5 Child Assault Prevention Project : 2/7/85 Authorized submission of a grant application to the Capital Area Planning Council for funding of a Child Assault Prevention Project. Austin Housing Finance Corporation Affirmed the action of the Austin Housing Finance Corporation (1) Program Guidelines for 1985 Mortgage Revenue Bond Issue; (2) Selection of an Administrator and Trustee for the 1985 Series Program. No Action Council took no action on a resolution to consider granting waivers from compliance with the Northwest Land Use Guidance Plan pursuant to Ordinance No. 841220-FF to certain development projects reviewed by the City Manager, because none were scheduled for action. Public Hearings Set Set public hearings on the following; a. Fern Bluf MUD: February 21, 1985 at 2:45 p.ш. b. Dedication of road right-of-way out of a portion of a Cityowned park tract which lies along Boston Lane: March 14, 1985 at 2:15 p.m. c. 1985-86 Community Development Block Grant.Program: (1) Community Needs: February 21, 1985 at 3 p.m. (2) General Topic Areas for the 1985-86 CDBG Program: April 18, 1985 at 2:30 p.m. d. Appeals from Mr. James R. Retherford and Mr. James Austin Pinedo, of the Planning Commission decision to grant a Special Permit for property at 1101-1129 Barton Springs Road and 500-508 Dawson (Lola's Site) C14p-84-106: February 28 at 5:01 p.m. e. Consider rate request by the Apache Shores Utility Corporation: February 14, 1985 at 3 p.m. City Council Sub-committee on Water Quality and Conservation Approved creation of City Council Sub-committee on Water Quality and Conservation and appointed Councilmembers Urdy, Rose and Shipman to serve. | Council Meeting ITEMS PULLED 6 : 2/7/85 Two items from Council were pulled from the agenda and not considered: 1. Consider declaring the month of February 1985 Peace and Justice Month. 2. Consider requesting the City Manager to update the Youth Facilities. Policy and meet with representatives of Youth Sports Organizations that utilize City facilities. CITY MANAGER REPORTS .: City Manager Carrasco reported on MBE/WBE Contracts. He also discussed the Austin Civic Center Feasibility Study. Mr. Carrasco said $140,000 has been set aside for a consultant but there should be a total allotment of $159,200 in order to include a traffic study. The report on Evaluation of Home Energy Improvement Program was postponed until February 14, 1985. CONTRACT APPROVED The Council, on Councilmember Shipman's motion, Councilmember Spaeth's second, adopted a resolution approving a contract for Skidmore, Owens & Merrill, 33 West Monroe Street, Chicago, Illinois for project consulting services for Austin Civic Center, Public Event Facilities - $159,200.00 84-8352-FW. (7-0 Vote) OPERATING BUDGET AMENDMENT The Council, on Councilmember Shipman's motion, Councilmember Spaeth's second, waived the requirment for three readings and finally passed an ordinance amending the 1984-85 Operating Budget by transferring $22,700 from the Civic Center Reserve Fund and appropriating to the CIP Civic Center Feasibility Study project. (7-0 Vote) CIVIC CENTER FEASIBILITY REPORT Amended the Capital Improvements Program by accepting $22,700 for the Capital Improvements Program Civic Center Feasibility Study Project. Council Memo 7 2/7/85 EAST 6TH STREET DEVELOPMENT PLAN : City Manager Carrasco told Council the City will pick up garbage on East 6th Street and asked to proceed with a pilot program and develop an ordinance after the program. Councilmember Rose said he agrees but does not think there should be a pilot program. If it can be worked out, then the City should go ahead, after discussion with the merchants. Mayor Mullen and Councilmember Duncan agreed and said the program whall begin in 30 days, if it is ready, at that time, to begin at all. HYDE PARK BAPTIST CHURCH DEVELOPMENT Andy Martin, Assistant City Attorney, discussed violations of Hyde Park Church concerning parking lots and use of houses for classrooms. ZONING ORDINANCE The Council, on Councilmember Duncan's motion, Mayor Mullen's second, waived the requirement for three readings and finally passed an ordinance, on an emergency basis, granting the following zoning: (6-1 Vote, Councilmember Shipman voted No.) ESTATE OF LYNDON B. CRIDER By Mike Guerrero C14-82-113 12148 Jollyville Road From Interim "SF-2" to "MF-2 & SF-3" CONTRACT FOR SOUTH PRESSURE ZONE WATER TRANSMISSION The Council, on Councilmember Shipman's motion, Councilmember Spaeth's second, adopted a resolution approving a contract award for the construction of the South Pressure Zone Water Transmission Main Phae II, Water and Wastewater Department, CAPITAL IMPROVEMENTS PROGRAM No. 73/22-23, as recommended by staff. (5-2 Vote, Mayor Mullen and_Councilmember_Rose_voted No.2__ ACTION POSTPONED - The 2:15 p.m. scheduled action to consider adoption of an office/ R&D allocation mechanism for the Northwest Land Use Guidance Plan was postponed to February 21, 1985. At this point Mayor Mullen stated he would be gone from the Council Chamber for a short time and asked Mayor Pro Tem Trevino to take the chair. RECESS Council recessed its meeting at 2:20 p.m. and resumed its recessed meeting at 2:55 p.m. Council Memo EXECUTIVE SESSION 8 : 2/7/85 Mayor Mullen announced Council would go into Executive Session pursuant to Article 6252-17, Texas Revised Civil Statutes Annotated to discuss the following matter; and action, if any, on the matters will be taken during the public meeting after conclusion of the Executive Session: Pending Litigation, including but not limited to the following items - Section 2, Paragraph e. (1) Houston Lighting and Power Company, et al v. Brown and Root, et al in Matagorda County, and City of Austin vs. Houston Lighting and Power Company in Travis County Section 2, Paragraph e. - RECESS Council recessed for executive session at 2:57 p.m. and resumed its executive session at 3:35 p.m. CONTRACT APPROVED The Council, on Councilmember Duncan's motion, Mayor Pro Tem Trevino's second, approved the following contract: (5-0 Vote, Mayor Mullen abstained, Councilmember Spaeth out of the room.) CEAVCO AUDIO-VISUAL COMPANY, INC. 1650 Webster Street Denver, Colorado - Television Production System Communications Department Total $377,538.00 85-S123-LK PUBLIC HEARING - MASS TRANSPORTATION SYSTEM Mayor Mullen opened the public hearing set for 2:30 p.m. on an application to the Urban Mass Transportation Administration for the City of Austin FY 1985, Section 9 formula apportionment for Capitol and Operating Assistance. No one appeared to be heard. Motion The Council, on Mayor Pro Tem Trevino's motion, Mayor Mullen's second, closed the public hearing and approved. (6-0 Vote, Councilmember Spaeth out of the room.) SALVATION ARMY SITE DISCUSSED Ms. Brooks Kasson appeared before Council to discuss the Salvation Army proposed location. She said they do not want it in their neighborhood. Council Memo CITIZEN DID NOT APPEAR 9 2/7/85 Dr. Lawrence Cranberg, who had requested to discuss Citysponsored consumer advice, did not appear. COUNCIL THANKED Ms. Christina S. Little, appeared before Council to thank them for prompt action in addressing cumulative impacts of wastewater discharges and to present Councilmembers of League Water Study Committee paper on "Advanced Wastewater Treatment". CITIZEN DID NOT APPEAR Mr. Bruce Marshall had requested to appear before Council to ask their consideration in the purchase of the painting "Lamar's Vision of Austin". STREET DEDICATION The Council, on Councilmember Shipman's motion, Councilmember Duncan's second, approved the request of Mr. Leon J. Barish for waiver of street right-of-way dedication in Zoning Case No. C14-84-158. (6-0 Vote, Councilmember Spaeth was out of the room.) ITEM POSTPONED Mr. Martin Camp's request for a License Agreement for air and subsurface rights and waiver of licensing fees for use of such rights, will be discussed on February 14, 1985. MORATORIUM REQUEST STUDIED Ms. Janet Klotz appeared before Council to discuss consideration of a possible moratorium of Collingwood Subdivision area. Staff will assess request and report to Council on February 14, 1985. REQUEST FOR NEW BUILDING PERMIT Ms. Mary Lou Shirer appeared before Council requesting Council to instruct the Building Inspection Department to have Diamond Shamrock submit a new and correct application for a building permit for building at Spicewood Springs Road and Mesa Drive. Jim Nias, representing Ms. Shirer, appeared to state there are a number of discrepancies. He said a waterway development permit should have been required and that drainage problems will be affected Council Memo PERMIT - (Continued) 10 2/7/85 and that crews have gone out to investigate, after the fact. Bob Leonard, representing Balcones Civic Association, stated the original permit was only for a gas station and said staff's recommendation, Alternate 4, is appropriate because of the waterway development. Melvin Driscoll, Northwest Austin Civic Association, stated there never was a convenience store on the site, therefore building permit should not have said it was to rebuild a convenience store. Mr. Driscoll stated going in and out of the area will be a hazard and the permit should be looked at again. favor. Scott Moore, representing Diamond-Shamrock, argued in their Tom Hensel, OLDS, said the case had been reviewed and no increase in impervious cover was found, and the flow is not being redirected. Councilmember Urdy said he does not know how this building can be put up without a waterway permit. Councilmember Rose asked how "replace a convenience store" could be written on the application when there was nothing but a closet with a Coke machine there before. Jim Smith, Building Inspection, said the process was proper. Jim Nias returned to state the waterway process should have gone through first. Motion The Council, on Councilmember Shipman's motion, Councilmember Rose's second, accepted staff's Alternate 4 to go through the process of obtaining a building permit. (6-0 Vote, Councilmember Spaeth was out of the room.) PUBLIC HEARING - APPEAL RE HANCOCK APARTMENTS Mayor Mullen opened the public hearing set for 4:00p.m. on an appeal from Mr. & Mrs. David G. Epstein and Glen E. Mellenbruck of the Planning Commission decision on a Special Permit for a 63-unit apartment project known as Hancock Park Apartments, to be located at 909-915 Duncan Lane. C14p-84-095. Appellants were not present. Appeal was DENIED. No motion was made. Council Memo ZONING HEARINGS 11 2/7/85 Mayor Mullen announced Council would hear zoning cases scheduled for 4:00p.m. Council heard, closed the public hearings, granted and instructed the City Manager to instruct the City Attorney to draw the necessary ordinances on the following cases: C14 -84 CFC/HARDIN JOINT VENTURE 402 By William Faust 8200-8336 Cross Park From Interim "AA" 1st H&A Drive (I-SF-2) To IP RECOMMENDED GRANTED AS RECOMMENDED EMERGENCY PASSAGE OF ORDINANCE C14 -84 DWYER-SANDERS 414 GROUP PARTNERS By Karen Steingrabor 4000 Block, R. R. 620 From Interim "AA" 1st H&A (I-SF-2) To "GR" 1st H&A (GR) RECOMMENDED GRANTED AS RECOMMENDED C14 -84 SKYLINE LID/ 420 JOHNSON FAMILY By Miguel Guerrero 1504 Capital of Texas Hwy. S. SUBJECT: TO NEIGHBORHOOD AGREEMENT & ROADWAY IMPROVEMENTS C14 -84 CITY OF AUSTIN 425 By Office of Land Development C14-72 BARNES/CONNALLY 204 C14 -84 PARTNERSHIP By William C. Skeen TRIPLE CREEK JT. 430 VENTURE/NPC By Donna H. Kristaponis 7804-8006, 7803-8007 Forest Wood Road 1003-1105, 1000-1104 Reno Drive Dymalor Circle Darvone Circle Persimmon Trail Wynne Lane From Interim "SR" 1st H&A (I-RR) Το Τr. 1 "0-1" 1st H&A (LO) Tr. 2 "0-1" & "GR" 2nd H&A Tr. 3 "GR" 1st H&A (GR) Tr. 4 "BB" Ist H&A (MF-2) Tr. 5 "A-2" 1st H&A (SF-6) RECOMMENDED GRANTED AS RECOMMENDED From Interim "SR" 1st H&A (I-RR) Το "H" 1st H&A (MH) RECOMMENDED GRANTED AS RECOMMENDED Lakeshore Drive and AMENDMENT TO RESTRICTIVE Crossing Place 8407 RR 620 North COVENANT RECOMMENDED GRANTED AS RECOMMENDED From Interim "SR" 1st H&A (I-RR) To "DL" 1st H&A (LI) RECOMMENDED GRANTED AS RECOMMENDED Council Memo ZONING - (Continued) 12 : 2/7/85 C14-84 BECKETT MEADOWS 433 DEVELOPMENT CO. By David B. Armbrust C14-84 REX & RUDIE 439 STALLING 5111-5309 Convict Hill 12807-12809 Tomanet Trail By Martin L. Camp, 12806-12808 Chromite Hughes & Hill From Interim "AA" Ist H&A (I-SF-2) To "LR", "A-2" & "A" 1st H&A (LR, SF-6 & SF-3) RECOMMENDED GRANTED AS RECOMMENDED From Interim "AA" 1st H&A (I-SF-2) To "A-2" 1st H&A (SF-5) RECOMMENDED GRANTED AS RECOMMENDED C14-73 KEN PITIMAN 065 By Michael McCluskey C14-84 NORTH LOOP 1 159 JOINT VENTURE By Patricia Gregory 3426 Greystone Drive AMENDMENT TO RESTRICTIVE 612-616 North Loop COVENANT RECOMMENDED GRANTED AS RECOMMENDED SITE PLAN APPROVAL RECOMMENDED GRANTED AS RECOMMENDED C C14 -81 BIG BROTHERS/BIG 197 SISTERS OF AUSTIN By Jeremiah Jarvis C14-85 ROY & DOROTHY SMITH 004 By Jack Morton 4806-4908 Springdale AMENDMENT TO RESTRICTIVE Road COVENANT RECOMMENDED GRANTED AS RECOMMENDED Rear of 5608 Burnet From "SF-2" Road To "CS" RECOMMENDED GRANTED AS RECOMMENDED EMERGENCY PASSAGE OF ORDINANCE C14-84 CFC/HARDIN JOINT 401 VENTURE By William Faust 1605-1615 Headway Circle From "GR"1st & "DL" Ist To IP RECOMMENDED H&A GRANTED AS RECOMMENDED EMERGENCY PASSAGE OF ORDINANCE Council Memo ZONING (Continued) 13 2/7/85 C14-84 CAROLYN JANE 406 COLLINS By Clarence Bose C14-84 GARRY W. ENTRESS 408 By Hubert L. Gill C14-84 PHILIP HOGAN & 416 GINA HOGAN C14-84 PHILIP HOGAN 417 C14-84 LORI E. HILLIS 437 & MARK S. HILLIS 622 & 624 W. St. Johns 409 West Johanna 2404 Lake Austin Boulevard 1200 South First 2101-2105 Howard Lane & Boricco Lane C14-84 MARSHALL BRIDGES 2611 Howard Lane 438 By Mark S. Hillis C14r-84 ANDERSON MILL 379 JOINT VENTURE By James M. Nias 12233 Ranch Road 620 North From "A" 1st H&A (SF-3) To "O" 1st H&A (LO) RECOMMENDED subject to 45' of right-of-way from centerline of W. St. Johns. GRANTED AS RECOMMENDED From "A" 1st H&A (SF-3) To "A-2" 1st H&A RECOMMENDED (as amended) subject to dedication of up to 30' of right-of-way from centerline of W. Johanna St. and vacation of Alley/easement. GRANTED AS RECOMMENDED From "A" 1st H&A (SF-3) To "LR" 1st H&A (LR) RECOMMENDED subject to conditions as agreed to by applicant and neighborhood. GRANTED AS RECOMMENDED From "A" Ist H&A (SF-3) Το "0-1" 1st H&A RECOMMENDED GRANTED AS RECOMMENDED From Interim "SR" 1st H&A (I-RR) To "DL" 1st H&A (LI) RECOMMENDED subject to dedication of up to 40' of right-of-way from centerline of Howard Lane. GRANTED AS RECOMMENDED From Interim "SR" ist H&A To "GR" 1st H&A RECOMMENDED subject to right-of-way requirements for Howard Lane. GRANTED AS RECOMMENDED From Interim "AA" 1st H&A (I-SF-1) To "C" 1st H&A (CS) RECOMMENDED subject to compatibility standards. GRANTED AS RECOMMENDED Council Memo ZONING - (Continued) 14 2/7/85 C14 -84 MANUEL C. TABOADA, 606-608 W. Oltorf 259 INC. By Linda Carter From "A" 1st H&A (SF-3) To "NO" RECOMMENDED (as amended) subject to right-of-way 5-1-0 Vote. Councilemmber Shipman voted conditions. No, Councilmember Rose out of room C14 -84 ROBERT L. CLEMENT 3405 Glenview 389 By Sarah E. Woelk GRANTED AS RECOMMENDED From "A" 1st H&A To "0" 1st I&A (LO) RECOMMENDED subject to dedication of 30' of right-of-way from center- line of Glenview. GRANTED AS RECOMMENDED C14-84 QUARRY PARTNERSHIP End Trent Drive, 364 By Donna Kristaponis C14-84 TEXAS PROPERTIES 419 By Harold Eubanks proposed Braker Lane & rear of 10923 U.S 183 5603 & 5606 S. 1st Street • From Tr. 1 "BB" 1st H&A (MF-2) Tr. 2 E. "BB" 1st H&A (MF-2) Tr. 2 W. "B" 1st H&A (MF-3) To Τr. Ι' "0-1" 2nd H&A (LO) Tr. 2 E. "0-1" 2nd H&A (LO) Tr. 2 W. "DL" 1st H&A (LI) RECOMMENDED Tr. 1 "0-1" 2nd save and except 150' of "0-1" 1st H&A on north property line; Tr. 2 East "0-1" 2nd H&A & Tr. 2 West "DL" 1st H&A subject to 60' of right-of-way from centerline of Braker Lane, noting "DL" uses will comply with proposed Research and Development Ordinance. Restrictive covenant must be amended prior to final passage of ordinance. GRANTED AS RECOMMENDED From Interim "A" 1st H&A (SF-3) To "GR" 1st H&A (GR) NOT RECOMMENDED RECOMMENDED "LR" 1st H&A as amended restricted against apartment use. GRANTED AS RECOMMENDED (On Mayor Pro Tem Trevino's motion, Mayor Mullen's second, 6-0 Vote, Councilmember Rose absent.) こ Council Memo Zoning - (Continued) 15 2/7/85 Motion All zoning cases on pages 11-14 were done in a consent motion on Mayor Pro Tem Trevino's motion, Mayor Mullen's second, 6-0 Vote, Councilmember Rose absent. 233 C14r-81 AUSTIN BOWL-O- RAMA 4614 U.S. 290 West From "0" 1st H&A (I-SF-2) By Thomas J. O'Meara Jr. Το "GR" & "O" 2nd H&A RECOMMENDED "GR" & "0" 1st H&A GRANTED "GR" & "O" 2nd H&A Mr. O'Meara, representing the applicant, reviewed the case. Donnie Hurwitz, president, Austin Bowl-O-Rama, said unless the property is zoned as requested for "0" second, it will ruin him financially. : Les Cole, an engineer, spoke in favor of the zoning change. Howard Kells told Council a building with Ist H&A would not be seen from the highway because of the topography and requested Council grant 2nd H&A. Bill Dolsford spoke in favor. A man who did not identify himself, said he is against the zoning change. He owns property adjacent and said the traffic is too much and the sewage facilities are poor. Mr. O'Meara returned to discount the traffic count and showed charts of elevations to show why his client needs 2nd H&A. Marie Gaines, Office Land Development Service, stated they recommend Ist H&A rather than 2nd because the question is one of density. (On Councilmember Rose's motion, Councilmember Urdy's second, 5-2 Vote, Councilmembers Duncan and Shipman voted No.) Council Memo 16 PUBLIC HEARING - LOST CANYON CONDOMINIUMS : 2/7/85 Mayor Mullen opened the public hearing, set for 4:00p.m. on Lost Canyon Condominiums. Donna Kristaponis, representing the applicant, showed slides and said the Kinney Avenue access to the area is safe. The following people spoke against because they stated the Kinney Avenue entrance would not be safe. The road is too steep and winding for safe ingress and egress. Karen Cope, Joan Moss, Shudde Fath, Glenna Balch, Larry Akers, Susan Frost, Paul Robbins Councilmember Rose asked if the opening is left on Barton Springs, "Are we liable for lawsuit?" Discussion followed. Mr. Allan Brecher, Director of Urban Transportation, said the safest entrance to Lost Creek Condominiums is off Kinney Avenue. He said the way the developers have designed the entrance, all criteria are met. Councilmember Duncan stated Council may have to rule the Kinney Avenue unsafe and not have a Special Permit. Motion Councilmember Duncan made a motion, seconded by Councilmember Shipman to approve a Barton Springs access. Further discussion followed and the following motion was voted upon. Motion The Council, on Councilmember Rose's motion, Councilmember Duncan's second, voted to bring the question of Lost Canyon Condominiums back on the agenda February 28, 1985 at 5:30 p.m. to reconsider the special permit. (7-0 Vote) RECESS - - Council recessed at 7:00 p.m. and resumed its recessed meeting at 7:45 p.m. ZONING HEARINGS CONTINUED Mayor Mullen announced Council would continue with their zoning hearings. : Council Memo ZONING - (Continued) 17 2/7/85 C14 -84 CARPENTER- 071 MARCELLA JOINT VENTURE By J. Powell 11909 Research Blvd. From Interim "AA" 1st H&A (I-SF-2) Το "0-1" 1st H&A (LO) RECOMMENDED (as amended) subject to dedication of up to 35' of right-of-way from centerline of Tweed Court. GRANTED J. Powell said they are requesting the zoning change in order to put up a 16,000 square foot office building. He said they will put up a no right turn sign. There was some concern expressed by members of the audience re increased traffic. (On Councilmember Shipman's motion, Mayor Mullen's second, 6-0 Vote, Councilmember Rose out of the room.) ---- C14 r-84 BRAKER LANE 398 JOINT VENTURE By Cunningham- Graves, Inc. Plaza Drive & IH 35 North From Interim "AA" 1st H&A (I-SF-2) To "BB" 1st H&A (MF-2) NOT RECOMMENDED RECOMMENDED "A" 1st from I.H. 35 to the easternmost `property line for a depth of 100 ft.from Plaza Street south, noting that applicant has the option to request "A-2" 1st H&A prior to City Council hearing, grant "BB" 1st H&A for remainder of tract, subject to deletion of driveway located nearest I.Η. 35 - UNITS GRANTED "BB" Ist H&A, REDUCE TO 372 UNITS CLOSEST TO NEIGHBORHOOD PULLED BACK FROM STREET, MINIMUM SET-BACK 35' FROM RIGHT-OF-WAY OF PLAZA (On Councilmember Urdy's motion, Councilmember Spaeth's second, 6-0 Vote, Councilmember C14-84 JOHN SCHNEIDER 100 By T.J. Morton 3004 Hemphill Rose out of the room) From "B" 1st H&A (MF-3) To "O" 1st H&A (LO) RECOMMENDED "O" 1st H&A (LO) tied to site plan and subject to restrictive coven- ant as agreed to by appl- cant and neighborhood. GRANTED, STAFF REVIEW AND SITE PLAN REQUIRED (On Councilmember Shipman's motion, Mayor Mullen's second, 7-0 Vote) : Council Memo ZONING - (Continued) C14-84 ARTHUR W. 432 PLUMBLEY By Santiago Moreno 18 4304, 4306 & 4310 James Casey 2/7/85 From "A" 1st H&A (SF-3) Το "0-1" 1st H&A (LO) RECOMMENDED "0-1" 1st H&A (LO) for entire tract, subject to dedication of 30' of right-of-way for James Casey St., applicant is to post fiscal for upgrading the portion of James Casey which exists in front of the subject tract; the Planning Commission recommends against the extension of Emerald Forest Drive. GRANTED, NO CUL-DE-SAC ON EMERALD FOREST DRIVE, NO FISCAL TO BE POSTED (On Councilmember Duncan's motion, Councilmember Shipman's second, 6-0 Vote, Councilmember Rose absent.) Zoning Cases Postponed, Denied or Withdrawn The following zoning cases were either postponed, denied or withdrawn as stated: C14-84 STEVE WIMBERLY 428 By John Joseph 1101-1129 Barton Springs Rd. 500-508 Dawson From "C" 2nd H&A Το "C-2" 2nd H&A (CS-1) RECOMMENDED POSTPONED TO 2/28/85 at 5:01 p.m. (No vote taken) C14 -84 RETENTION, 334 ENHANCEMENT & RECLAMATION COMPANY By T. J. Morton ------ 8100 Block of MoPac From Interim "A" 1st H&A (I-SF-3) Το "Ο" 2nd H&A (GO) RECOMMENDED POSTPONED TO APRIL 4, 1985 AT 4 P.M. STAFF TO DO A RISK ANALYSIS WITH APPLICANT AND NEIGHBORHOOD BEING INFORMED OF PROGRESS Council Memo ZONING - (Continued) 19 2/7/85 169 C14 -84 TOM W. BRADFIELD & DONALD H. CUMMINS By Jerry Harris 3400-3402 Northland From "A" 1st H&A (SF-3) Drive Το "0-1" 1st H&A (LO) RECOMMENDED subject to dedication of 60' of right-of-way from centerline of Northland Drive. IF DIFFERENCES. CANNOT BE RESOLVED IN 30 DAYS, APPLICANT WILL WITHDRAW AGENDA ITEM MARCH 7, 1985 C14r-84 397 CUNNINGHAM & ASSOC. NUMBER II By David Armbrust 8000 Block Capitol of Texas Highway (On Mayor Pro Tem Trevino's motion, Mayor Mullen's second, 6-0 Vote, Councilmember Rose out of the room) From Interim "AA" Ist H&A Interim "SR" 1st H&A (I-SF-2) (I-RR) Το "GR" 2nd H&A (GR) "LR" 2nd H&A (LR) "BB" 2nd H&A (MF-3) "0-1" 2nd H&A (LO) "0-1" CTH (0-1, CTH) "AG" Trs. 1-9 RECOMMENDED subject to compliance with ordinance requirements and departmental recommend- ations. POSTPONED TO MARCH 7, 1985 AT 4 Ρ.Μ. C14 -84 JOE SEIDERS 381 By Mac Spellmann 5700-6112 Springdale From Interim "A" 1st H&A Road (I-SF-3) Το Τr. 1 "GR" 1st H&A Tr. 2 "B" 1st H&A NOT RECOMMENDED RECOMMENDED "A" 1st H&A POSTPONED TO MARCH 7, 1985 4 Ρ.Μ. , (On Mayor Pro Tem Trevino's motion, Mayor Mullen's second, 6-0 Vote, Councilmember Rose out of the room.) Council Memo ZONING - (Continued) 20 2/7/85 C14-84 NASH PHILLIPS/ 382 CLYDE COPUS By Mac Spellman, Jr. 4601 Springdale- Lot 67 4621 Springdale- Lot 66 4950 Springdale- Lot 68 4950 Martin Luther King Boulevard From Interim "A" 1st H&A (I-SF-3) To "GR" 1st H&A (GR) NOT RECOMMENDED RECOMMENDED "A-2" 1st H&A subject to site plan. POSTPONED TO MARCH 7, 1985 AT 4 Ρ.Μ. (On Mayor Pro Tem Trevino's motion, Mayor Mullen's second, 6-0 Vote, Councilmember Rose absent) --- C14-84 TED G. DAVIS 413 By Linda B. Davis 101 E. Applegate 106 & 108 Grady 10408, 10505, 10507 & 10604 Georgian Dr. Motion From Interim "AA" 1st H&A (I-SF-2) To "A" 1st. H&A (SF-3) NOT RECOMMENDED WITHDRAWN The Council, on Councilmember Shipman's motion, Mayor Mullen's second, voted to DENY the zoning application. (6-0 Vote, Councilmember Spaeth out of the room.) LATER Motion to Reconsider The Council, on Councilmember Rose's motion, Mayor Pro Tem Trevino's second, voted to reconsider. (7-0 Vote) Motion The Council, on Councilmember Rose's motion, Mayor Pro Tem Trevino's second, voted to WITHDRAW the zoning application. (7-0 Vote) C14 -84 DON C. BUCK 407 603 E. Oltorf 2401 Sherwood From "A" 1st H&A (SF-3) To "GR" 1st H&A (GR) NOT RECOMMENDED DENIED (On Councilmember Duncan's motion, Councilmember Shipman's second, 6-1 Vote, Mayor Mullen voted No.) Council Memo ZONING 21 (Continued) 2/7/85 C14-84 FRANK R. RUNDELL 327 COMPANY By Tom Curtis C14-84 DAMON-BROWN- 292 PIERCE, INC. Donna Kristaponis C14-84 JERRY A. SMITH, 353 JR. C14-84 GEORGE E. & 418 MARILYN A. HUMAN By George Human 1508 W. 34th Street From "B" 1st H&A (MF-3) Το "0-1" 1st H&A (LO) NOT RECOMMENDED MARCH 7, 4 Ρ.Μ. From "A" 1 H&A (SF-3) To "0-1" 1st (LO) NOT RECOMMENDED 1110 E. 32nd WITHDRAWN 904 West 29th Street From "BB" 1st H&A (MF-2) "O" 1st H&A (LO) 606 Gaylor Street To NOT RECOMMENDED MARCH 7, 1984, 4 Ρ.Μ. From "A" 1st H&A (SF-3) To "BB" 1st H&A (MF-6) NOT RECOMMENDED WITHDRAWN C14 -84 DR. WALTER MEYER 2607 Raedell Avenue From "A" 1st H&A (SF-3) 431 By Michael E. Miguire C14 -84 LEONARD H. MEISKE 194 ET UX DOUGLAS W. TERRY 4210-4214 Marathon Boulevard C14 -84 JAMES & KATHERINE 4203-4207 Bellvue 187 TAYLOR, ET AL By Katherine Taylor Avenue To "A-2" 1st H&A (SF-6) NOT RECOMMENDED MARCH 7, 1985, 4 Ρ.Μ. From "A" 1st H&A (SF-4) Το "0-1" 1st H&A (LO) NOT RECOMMENDED APRIL 4, 1985 at 4 P.M. From "A" 1st H&A (SF-4) To "0-1" 1st H&A NOT RECOMMENDED APRIL 4,1985 4 Ρ.Μ. (On Councilmember Shipman's motion, Mayor Mullen's second, 6-0 Vote, Councilmember Rose out of the room.) C14-84 ELBERT RILEY 410 LEGGETT By E. C. Thomas 2108 Payne Avenue From "A" 1st H&A (SF-3) To "LR" 1st H&A DENIED (On Councilmember Shipman's motion, Mayor Pro Tem Trevino's second, 4-3 Vote, Councilmembers Rose and Urdy and Mayor Mullen voted No.) RECESS - Council recessed its meeting at 9:45 p.m. and resumed its recessed meeting at 10 p.m. Council Memo STATE LEGISLATIVE MATTERS 22 : 2/7/85 A report was presented by Pieter Sybesma concerning State Legislative matters and bills under consideration which are of concern the the City. EXECUTIVE SESSION Mayor Mullen asked to be excused from the executive session, and it was announced by Mayor Pro Tem Trevino that Council would go into Executive Session pursuant to Article 6252-17, Texas Revised Civil Statutes Annotated, to discuss the following matters, and action, if any, on the matters will be taken during the public meeting after conclusion of the Executive Session. RECESS Council recessed its meeting at 10:55 and resumed its recessed meeting at 11:15 p.m. BOARD & COMMISSION APPOINTMENTS. The Council, on Councilmember Spaeth's motion, Councilmember Rose's second, approved the following appointments to the Ethics Review Commission: Jean Dahlquist, Alicia Mitchell, Debs Szymanski, Steve Harris and Fred Robinson. (6-0 Vote, Mayor Mullen abstained) The Council, on Councilmember Spaeth's motion, Mayor Mullen's second, approved the appointment of Ram Vepa, Dorothy Richter and Natalie DeBlois to the Board of Adjustment. (7-0 Vote) The Council, on Councilmember Rose's motion, Councilmember Shipman's second, appointed Ted Miller as a member of the Urban Transportation Commission. (7-0 Vote) The Council, on Councilmember Rose's motion, Mayor Mullen's second, appointed John Hildreth, Alexander Salone, Browning Ware, Frances McIntyre, Evelyn Ireland and Jim Couser to the Blue Ribbon Ethics Committee. (7-0 Vote) The Council, on Councilmember Urdy's motion, Councilmember Spaeth's second, appointed LeRoy Beck to the Capital Metropolitan Transportation Authority Board. (7-0 Vote) ADJOURNMENT Council adjourned its meeting at 11:25 p.m.