Just Say No Way
Same Old Song
By Jenny Staff, Fri., April 2, 1999
Tiger Market Meltdown
Last week's big loser was the Exxon corporation, which came to council seeking a waiver to allow beer sales at a new Tiger Market going up next door to Reagan High School in Northeast Austin. City ordinance prohibits the sale of alcohol within 300 feet of a church, public school, or public hospital. But because the law is a relatively new one, several older beer-selling establishments are cozily ensconced within less than 300 feet of the school.
In an ironic twist on the way Eastside issues have been playing out at the council lately, the waiver was denied 7-0, with almost no neighborhood testimony or discussion on the council dais. In recent months, Eastside neighbors have turned out to advocate for a number of causes in their neighborhood and, for one reason or another, have found their suit unsuccessful.
Councilmembers Willie Lewis and Gus Garcia apparently had the proxies of northeast Austin residents, none of whom turned out to oppose the waiver, save one who had to leave because (as usual) the meeting ran long and the hearing was postponed long after its original start time. Exxon even boasted a letter from Reagan High's Campus Advisory Committee (CAC), stating its non-opposition to the project. The letter reported that at a meeting on the issue, "no one expressed any strong opposition to Exxon's proposal. One member shared that the surrounding neighborhood associations usually oppose the sale of alcoholic beverages near the school, but the CAC as a whole expressed no opposition."
Exxon representative Chris Ruiz of the Wallace Group argued that "there are 10 different places that sell alcohol near the school; two are within the 300-foot boundary." He added that "the principal and school district, city staff all support" Exxon.
Councilmember Gus Garcia expressed surprise that nobody at Reagan High mounted a defense against Exxon. "I don't understand why the school people don't have concerns about this. Having served on the school board, I can tell you, I wouldn't want a facility selling alcohol this close" to the school. But he added that while the council chambers weren't packed with angry Eastside neighbors, as they often are these days, residents don't want beer at the Tiger Market. "There is neighborhood opposition," he said. "This is not a high-visibility issue, [but if you go ask the neighborhoods], they will tell you they don't want it. We have had a lot of problems in this area with issues of substance abuse."
"If they want [alcohol], they're going to get it," said Ruiz. "We probably try harder than anyone else does to keep kids from getting alcohol. The corner is so visible and so well-lit that kids aren't going to try to buy" alcohol. Councilmember Lewis disagreed. "Most of the kids who will be at that station do not drive. They won't be there to get gasoline. They'll be there for some 21-year-old to get them beer ... Especially a school with the dropout rate and the problems that Reagan has had, we can do better than to offer beer sales in an area that close to a school."
Lewis noted that the neighborhood has been designated a Weed and Seed area, and that "more alcohol is not compatible with Weed and Seed." Weed and Seed, a program of the U.S. Justice Department, came to Austin last year in the form of a $250,000 grant aimed at weeding out pernicious influences and seeding in better ones in the area roughly bordered by 51st Street, I-35, and US183. Part of the grant, which is administered by the city, has gone to hire Meg Foster in District Attorney Ronnie Earle's office.
Foster said her job, which is to be funded by the grant, is to be "the first neighborhood DA in Texas," coordinating the many law enforcement initiatives underway in the neighborhood. An example of such an initiative -- the"weed" side of Weed and Seed -- is an outreach effort to Spanish-speaking residents who may have their own reasons to fear the long arm of the law. Because of "immigration issues, they may not be comfortable calling the police, so they're being targeted for crime," she said. The Austin Police Department wants to "let them know that they're not going to be reported to INS if they report a crime."
Foster said she was pleased to learn of the City Council's action."That's probably the first business to come in here" asking to sell beer since Weed and Seed got started, she said."This neighborhood does not need another establishment selling alcoholic beverages."
Not Singing Any Praises
Before the council got down to business last week, Austin resident Jon Empey, a participant in the citizens' communication segment of the meeting, rattled off a vehement chastisement of councilmembers. Empey says his Southeast Austin farm is consistently being flooded because of the construction activity at an open-air market near the Bergstrom airport, as well as another construction site near his property. The city, Empey charged, has sat on its hands and allowed this to happen. "Ten years ago, I would have expected the City Council to stand by and watch a developer destroy adjoining property. But I am ashamed of you!"
According to Empey, he has been asking the city for help since July of 1997, with little result. Empey distributed flyers to the council threatening to take out a series of provocative, full-page ads in the local newspapers. (On the off chance he's actually planning to do so, there'll be no spoilers here. But suffice it to say that the mock ads appeal for help from both Willie Nelson and Monica Lewinsky -- talk about strange bedfellows.)
Mike Heitz of the city's Watershed Protection Department said that Empey's property is indeed threatened by flooding, but that the city is in the process of addressing the situation."It's a flat area, and drainage is pretty bad out there," said Heitz. He said the owner of the open-air market has been in violation of city law, and has been ordered by the city to make remediation. Heitz said the owner had until earlier this week to clean up his act. "Unless he did a lot of work yesterday and today, then we will be citing him tomorrow ... and the city will take him to court."
Heitz said Empey is frustrated because the city's processes don't move fast enough. "Property owners have rights," said Heitz. "Just because [the owner has] done something wrong, that doesn't mean the city can go out there and do something wrong. Every time it looks like rain, it ratchets him up a couple of levels. You can see why." Empey put his frustration on display during the council meeting, pushing his flair for the dramatic near to the limit by screaming at councilmembers in order to make his point. "I object!" bellowed Empey. "It's enough! ... I've been here six times. Did you hear me this time?"
This Week in Council: The docket this week is shockingly brief -- a mere 24 items are on Thursday's agenda, instead of the usual 70-100 items. The light load may be due to the fact that April Fool's Day at the City Council meeting is expected to bring action on the infamous CSC proposal. The vote will follow the final, once-and-for-all public hearing on the topic, so for all you armchair urban planners who have been grumbling quietly about the CSC deal, tonight's the night to have your say.
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