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Austin Addresses Water, Growth, Recreation

Thursday, June 5, 1980 regular
  • Protecting Lake Austin's Environment:

    A 90-day moratorium was placed on new subdivision developments in the Lake Austin Peninsula to study low-density standards and safeguard drinking water quality and sensitive areas.
  • Barton Creek Water Concerns:

    Officials addressed worries about increased erosion and water quality impact from large projects like Barton Creek Square Mall and the MoPac highway extension, calling for environmental review.
  • Major Infrastructure Investments:

    Multi-million dollar contracts were approved for significant city projects, including the expansion of Brackenridge Hospital and extensive street, drainage, and sidewalk improvements in East Austin.
  • Community Safety and Recreation:

    The Council responded to public complaints about golf balls from the municipal driving range hitting nearby homes, postponing action and requesting a review of safety options.

Full Transcript

Use these nunats Austin City Council They have p. 12. Minutes For June 05, 1980 9:00 Α.Μ. Council Chambers, 301 West Second Street. City of Austin City Council Carole Keeton McClellan Mayor Council Members Lee Cooke Richard Goodman Betty Himmelblau Memorandum To: Ron Mullen Jimmy Snell Frances Hall John Trevino, Jr. Dan H. Davidson City Manager Grace Monroe City Clerk Mayor McClellan called the Meeting of the Council, scheduled for 9:00 Α.Μ., to order, noting the absence of Councilmembers Trevino and Himmelblau. INVOCATION Reverend Bruce Barrett, Faith United Methodist Church, gave the Invocation. BOB BREIHAN DAY Mayor McClellan read a proclamation for Bob Breihan Day in Austin, June 6, 1980. Rev. Breihan thanked the Mayor and expressed his pleasure with the proclamation. AUSTIN TEXANS DAY Bill Martin, General Manager, Austin Texans presented each Councilmember and the Mayor with an Austin Texan kit after the Mayor read a proclamation designating June 5, 1980 as Austin Texans Day. AUSTIN SUNSHINE CAMP WEEK The week of June 9-14, 1980 will be Austin Sunshine Camp Week in Texas, according to a proclamation read by Councilmember Goodman. The proclamation was accepted, with thanks, by Bill Geise, Young Men's Business League and Bronson Dorsey, also of the Young Men's Business League. Council Memo 2 AUSTIN MAYFAIR DAY June 5, 1980 Austin Mayfair Day will be held Saturday, June 7, 1980. Mayor McClellan read the proclamation which was accepted by Mrs. Edwin Alley and Mr. Vernon McGee. They thanked the Mayor and Council and invited all of them to attend their dance. CETA RESOLUTION Councilmember Cooke read a resolution, signed by all Councilmembers, which calls upon the members of Congress to restore Title VII to the original level of funding as proposed by the Administration for Fiscal Year 1981, giving Council's support to what is anticipated to be a highly successful program in Austin and calling on all citizens to join in urging our Congressional Delegation to continue the significant program. NEIGHBORHOOD PARK DAY Loretta Hucheson, a senior citizen who works with the children who attend the Austin parks program, was in the Council Chamber with seven children to accept a proclamation read by the Mayor designating June 9, 1980 as Neighborhood Park Day. The children, Shawn Gavlik, Rachaelle Galvan, Susan Hanzel, Denise Robinson, Chris Gil and Manuel Garcia, presented T-shirts to the Mayor and Councilmembers. Also accompaning the children was Ms. Sally Gavlik, PARD area supervisor. MINUTES APPROVED A 3 A.4 The Council, on Councilmember Cooke's motion, Councilmember Goodman's second, approved the minutes of the meeting for May 22, 1980. (5-0 Vote, Councilmembers Trevino and Himmelblau absent.) (There was one correction, which was made prior to the vote taken at the meeting.) BOARDS & COMMISSIONS Mayor McClellan announced the following Board and Commission appointments are due to be made June 12, 1980: Building Standards Commission, 4; Community Development Commission, 3; On-Going Goals Assembly Committee; Historic Landmark Commission, 6; Manpower Advisory Council, 13; Medical Assistance Advisory Board, 1; Parks and Recreation Board, 6; Planning Commission, 4; Commission on Status of Women, 7; Urban Transportation Commission, 13; Electric Utility Commission, 1; Renewable Energy Resources Commission, 1; Dental Health Advisory Committee, 4; Private Industrial Council, 6; and appointments for July 3 will be Renewable Energy Resources Commission, 3; Employees Retirement System, 1; Solicitation Board, 2; Plumbing Advisory Board, 4; Building Code Board of Appeals; Community Development Commission 1; Electric Utility Commission, 4; Energy Conservation Commission, 5; Ethics Review Commission, 3; Hospital Board, 5; Environmental Board, 7. Council Memo E.2 3 CONSENT RESOLUTIONS June 5, 1980 The Council, on Councilmember Goodman's motion, Councilmember Snell's second, passed the following resolutions by one motion. (5-0 Vote, Councilmembers Trevino and Himmelblau absent.) Res Release of Easements Authorized release of the following easements: a. A portion of a Drainage/Public Utility Easement located in Lot 4, Oak Run P.U.D. 3904-3906 Run of the Oaks. (Requested by John C. Meinrath) E-240. F Ris b. Two (2) Public Utility Easements located in Lots 7 & 8, Block C, Windy Trails Subdivision, 10701-10703 Newmont Road. (Requested by Michael A. Reeves, owner) REC. E_RE Res E-3 Rez A portion of a 5' Drainage Easement located in Lot 31 and Block 2 Trailwood Village at Travis Country, 4186 Travis Country Circle. (Requested by James G. Miller, owner) Stassney Lane Improvements Approved a Construction Change Order in the amount of $16,377.09 to Clearwater Constructors, Inc. for Stassney Lane Improvements Phase I. CAPITAL IMPROVEMENTS PROGRAM No. 73/62-30. Contracts Approved E-40 Approved the following contracts: J. C. EVANS CONSTRUCTION CO., INC. P. O. Box 9647 Austin, Texas feb. AUSTIN ROAD COMPANY Eyeo E-teu Rist 428 East Anderson Lane Austin, Texas FRANK LIMON AND SONS 303 Battle Bend Boulevard Austin, Texas CAPITAL IMPROVEMENTS PROGRAM Construction of Phase 3A, Brackenridge - Hospital $2,488,250.00 C.I.P. No. 78/84-09 CAPITAL IMPROVEMENTS PROGRAM Community Development District No. 12 HCD Street, Drainage and Sidewalk Improvements in East Austin and Montopolis $330,727.45 C.I.P. No. 76/62-15 CAPITAL IMPROVEMENTS PROGRAM - E. 11th Street E. 12th Street HCD New Corridor Improvements York Avenue Alley $21,407.00 C.I.P. No. 80/62-04 Council Memo CONTRACTS APPROVED E-49 g. 4 - (Continued) d. HOUSTON WIPER AND MILL SUPPLY CO. Eshe. Frie EY 9800 Market Street Houston, Texas CATHEY ENTERPRISES, INC. 9516 Neils Thompson Dr., Suite #16 Austin, Texas lass f. GENERAL ELECTRIC COMPANY Res E 9. E.4% Res 1600 N.E. Loop 410, Suite 236 San Antonio, Texas B & B LAND CLEARING CO., INC. 1212 Old Bastrop Highway Austin, Texas h. B. G. BOYD CONSTRUCTION CO. 6506 Brownwood Ct. Austin, Texas June 5, 1980 Hooded Rainsuits, Central Stores Division Twelve (12) Month Supply Agreement Item 1, est. 1,000 @ $8.95 ea. Total $8,950.00 Leather Accessories, Central Stores Division Twelve (12) Month Supply Agreement Items 1 9 $13,937.50 CAPITAL IMPROVEMENTS PROGRAM Protective Relay System to be used for a line terminal at Kingsbery and Pilot Knob Substations, Electric Utility Department Item 1; 2 ea. $38,350.24 C.I.P. No. 77/16-02 CAPITAL IMPROVEMENTS PROGRAM Construction of underground electric distribution facilities, The Cliff Over Lake Austin, Electric Utility Department $18,312.50 C.I.P. No. 80/17-01 CAPITAL IMPROVEMENTS PROGRAM Construction of underground electric distribution facilities at Hunter Oaks, Electric Utility Department - $20,482.50 C.I.P. No. 80/17-01 E-5 Soil Testing Selected the firm of Snowden & Meyer, Inc. for engineering testing and soils investigative services in connection with electric transmission line, circuit 943, CAPITAL IMPROVEMENTS PROGRAM No. 77/13-05. 943, Royal In-Flite Catering Service Amended the existing agreement with Royal In-Flite Catering Service in regard to airport access. E-bin Ru Council Memo ADDENDUM TO STREET NAME CORRECTION: 5A June 5, 1980 PART 1. That Section 21-42 of the Austin City Code of 1967, as amended, be lamended by deleting the following from Subsection (a) thereof: ON FROM TO William Cannon Drive Fast 200' west of West Gate Blvd. Manchaca Road PART 2. That Section 21-42 of the Austin City Code of 1967, as amended, be amended by adding the following to Subsection (a) thereof: ON FROM West William Cannon Drive 200' west of West Gate Blvd. TO Manchaca Road PART 3. That Section 21-42 of the Austin City Code of 1967, as amended, be amended by deleting the following from Subsection (b) thereof: ON FROM William Cannon Drive East Brodie Lane TO 200' west of West Gate Blvd. PART 4. That Section 21-42 of the Austin City Code of 1967, as amended, be amended by adding the following to Subsection (b) thereof: CN FROM TO West William Cannon Drive Brodie Lane 200' west of West Gate Blvd. PART 5. That the City Clerk be authorized and instructed to record these amenciments in the Traffic Register. Council Memo 5 June 5, 1980 Roz Temporary Street Closing Temporarily closed 7th Street from Congress to Brazos from 9:00 p.m. to 12:00 midnight, June 12, 1980, as requested by Mr. Gilbert Nozick, representing the Ben Hur Shrine Temple. E-8 Rec El for FY 81. Full Federal Funding of CETA Supported Support of full federal funding for the CETA, Title VII Program (SEE ADDENDUM A, PAGE 5 A) AGENDA ITEM PULLED The Council, on Councilmember Goodman's motion, Councilmember Snell's second, pulled from the agenda the following resolution because it had already been approved December 6, 1979: (5-0 Vote, Councilmember Trevino and Himmelblau absent) Consider authorizing eminent domain proceedings to acquire easements for the construction and installation of a 138KV overhead electrical transmission line between Austin and Mendoza, Texas, from the following property owners: Sammie Charles Hackett and Veteran's Land Board Towne Adams, Trustee for Taurus, Ltd. George Gillar - 5.2 ac. Bennie W. Bock, et ux 12.401 ac. Ray Burklund and Sunrise Acres, Inc. 1.98 ac. 1.462 ac. 3.96 ac. CONSENT ORDINANCES The Council, on Councilmember Mullen's motion, Councilmember Goodman's second, waived the requirement for three readings and finally passed ordinances by one motion, as follows: (5-0 Vote, Councilmembers Trevino and Himmelblau absent; unless otherwise indicated.) F-1 Dind A Street Name Correction Amended Section 21-42 of the Austin City Code to correct technical errors in a street name. Au Addendum A, Pa Page 54 Second Reading of Zoning Ordinance the Austin Passed through second reading only an ordinance amending Chapter 45 of Councilmember Snell voted No, Councilmembers Trevino and Himmelblau absent.) IVA BELLE FLEMING C14-79-231 1912 West 35th Street From "A" 1st H&A to "0" 1st H&A Council Memo CONSENT ORDINANCES F-4 FB 6 (Continued) Energy Crisis Assistance Program June 5, 1980 Amended the 1979-80 Operating Budget by accepting and appropriating $10,000 from the Texas Department of Community Affairs for the continuation of Austin's Energy Crisis Assistance Program. B-1 GRANT APPLICATION Mr. Leonard Ehrler Jr., Director of Parks and Recreation, presented the following City Manager Report on Disposition of Grant Application to U.S. Department of Education: Pursuant to your request for information regarding the status of the proposed desegregation grant, please be advised of the following events leading up to the decision to abort the project. Initially the Parks and Recreation Department contacted the Austin Independent School District with the idea of assisting with the desegregation process in some manner. After contacts with Kay Killough, Dr. George Bowden, Lee Laws, Bill Perry, Dan Robertson, and Lester Haines, Austin Independent School District staff, and members of the Parent Task Force, Emergency School Assistance Act non-profit agencies, the Community School Consortium and City Council of Parent-Teacher Associations, interest was generated in the project. Donna Brasher, Superintendent of Recreation, was contacted by Dan Robertson and Bill Perry of the District, and told that the United States Department of Education, Emergency School Assistance Act Special Projects Division had monies available for non-profit agencies to implement programs such as those previously discussed. They were interested to know if the City was willing to apply, at the request of the District. Lee Laws and Bill Perry of the District met earlier this year, in Houston, with Dorthya Perkins of the Education Emergency School Assistance Act Special Projects Division and were told grants could be pro- cessed in as little as two weeks time. Based on this information we felt we could successfully make application. At this point Dr. Jack L. Davidson, Superintendent of Schools, made a written request that we participate (Attachment A). Subsequently we requested that this be placed on the Council agenda for consideration on May 1, 1980 (Attachment B). As soon as Council approved our request, three copies of the proposal were placed on a plane to Washington, D.C. These papers were received by the Office of State-Federal Relations on May 5, 1980 (Attachment C). B Council Memo GRANT APPLICATION 7 (Continued) June 5, 1980 A Based on the information that Ms. Perkins conveyed to Lee Laws and Bill Perry, that grant turnaround could be accomplished in as little as two weeks time, a call was placed on May 19th to determine the status of the grant. Ms. Perkins advised that she had not yet seen the proposal. call was then placed to Ms. Perkins on May 20th and at this time she stated that we should not expect any word on the status of the grant at that time, and that June 2, which was designated as the start-up date, was totally unrealistic. At this time Dan Robertson and Bill Perry were notified of the status. They suggested we call David Learch who is Director of the Education Emergency School Assistance Act Special Projects Division. On May 23rd I spoke with Mr. Learch. Mr. Learch, who was not familiar with the project proposal, indicated that he would look into the matter and have some decision by May 27, 1980. On May 27, 1980, Mr. Learch was contacted and he relayed information indicating a waiting period of three to five weeks for approval. Since all avenues have been explored to obtain the grant, we recommend that this item be placed on the Council agenda for June 5, 1980, to respond to Council direction. Mr. Davidson, City Manager, pointed out that Mr. Ehrler and his staff have spent countless hours to soften the desegregation program for the school children of Austin, and it is with extreme reluctance "we can't go ahead". Mayor McClellan thanked Mr. Ehrler and his staff for their efforts. Councilmember Cooke suggested the Mayor write to the director of the Education Emergency School Assistance Act (David Learch) and tell him and others connected with the program the disappointment the Council feels that this grant application cannot be processed. Motion The Council, on Councilmember Mullen's motion, Councilmember Goodman's second, voted to withdraw the grant application to the U.S. Department of Education; Mayor McClellan will write ESAA to tell them how we feel and a copy of the letter will be sent to appropriate people. (5-0 Vote, Councilmembers Trevino and Himmelblau absent.) MUNICIPAL GOLF COURSE DRIVING RANGE Mr. Ehrler presented the City Manager's Report on the Driving Range at Municipal Golf Course. He said it is the concensus of opinion that the driving range be closed to golf woods because of the safety factor. He said all golf pro's and safety directors support the action to keep the driving range closed to golf woods. Councilmember Mullen referred to a report on the subject which had just been received by Council and said he thought they should postpone action until Council has time to study the report. Council Memo RANGE (Continued) 8 Motion June 5, 1980 ! Councilmember Mullen made a motion, seconded by Mayor McClellan to postpone action until next week. Mr. Moore, who lives across the street from the driving range appeared before Council to testify to the fact that when the driving range was open, golf balls hit their house all the time. The balls broke four windows in the house and a car window of a car parked in his backyard. He is concerned for the safety of his family. Mr. Ed Ramsey asked Council to re-open the range on the first level. He feels proper safety precautions can reduce the chance of injury. Councilmember Mullen appealed to Mr. Ramsey's logic by asking if as Mr. Ramsey heard Mr. Moore's testimony it is more than a coincidence that the Moore's have had no golf balls in their yard and no windows broken in the two years the driving range has been closed to the use of woods. Councilmember Mullen said with this evidence he does not know how Council could possibly vote for the return of woods on the driving range. Motion Councilmember Mullen made a motion, seconded by Mayor McClellan to ask the Golf Advisory Board to look at alternatives and get opinions on the cost of safety precautions. (5-0 Vote, Councilmembers Trevino and Himmelblau absent.) B.3 WATER QUALITY MANAGEMENT Mr. Troy Ullman, City Engineering Department, presented the following report, accompanied with slide presentation concerning the Water Quality Management in Lower Barton Creek. The report he refers to is on file in the City Clerk's office. The ongoing construction of Barton Creek Square Mall and the south extension of Loop 1 (MoPac Boulevard) has caused concern as to the effect on Barton Creek and its tributaries. Specifically, the question of increased erosion and sedimentation as a result of the large amount of site disturbance has been raised, as well as concern over possible longterm effects on stormwater runoff quality brought about as a result of the development of the area. The attached report provides a brief discussion of the major ongoing projects in the area, some of the obvious problems, and a series of recommended steps which the City may take to more fully address the stated concerns. The attached map gives an overview of the area and the drainage-related facilities under construction, as shown on plans available in this office. ( Council Memo 9 (Continued) WATER QUALITY June 5, 1980 I recommend a meeting be arranged for those interested in discussing specific questions and concerns. Representatives of both the Mall and the Texas Department of Highways and Public Transportation have indicated a willingness to participate in such a meeting with staff or members of Counci), if you so desire. Councilmember Cooke said there is a question of how, in "the short impact, we might address additional ponding at the three large, large receptacles of water. He asked Mr. Davidson to give Council options of how to consider that in addition to the CIP. Mr. Davidson stated this "probably needs to be reviewed by the Environmental Review Board as Mr. Ullman discussed. Second, we can do a little more detailed work as to what kind of options might be from the standpoint of funding, design and also whether or not we can get some participation from other government agencies, which we intend to pursue." Councilmember Cooke said he thought these things should be in their options as they go into CIP and Budget. AGENDA ITEM WITHDRAWN The City Manager Report on Proposed Creation of Office of Service for the Handicapped was withdrawn from the Agenda. 1 SOCIETY FOR CREATIVE ANACHRONISM FAIR The Council, on Councilmember Goodman's motion, Councilmember Snell's second, approved the request of Mr. Steve G. Jackson, for permission to leave a large tent up in Waterloo Park, Saturday night, June 7, 1980 in conjunction with Society for Creative Anachronism Fair. (4-0 Vote, Councilmember Mullen out of the room, Councilmembers Trevino and Himmelblau absent.) 1.2 Mat & her MORATORIUM FOR PENINSULA Ms. Helen Durio presented the following report to the City Council on request for a moratorium for the peninsula. ( am Helen Durio, President of the Lake Austin Hill Country Neighborhood Association. We have asked to appear today at Citizens' Communication to endorse the motion that Councilman Richard Goodman plans to make; a moratorium for the West Lake Peninsula. As you know, our organization has long sought such a moratorium. We would like to make some recommendations today for what we think should be the focus of study during the moratorium period, if the moratorium is to be approved. Council Memo MORATORIUM -(Continued) 10 June 5, 1980 Our organization is, of course, awaiting the Peninsula Study being prepared by your staff, and we will be making a response to the findings in that report at the appropriate time. My remarks today must be considered with the reservation that we have not yet seen that staff report. Nevertheless, it seems that the purpose for a moratorium is to find the most viable way to protect the drinking water purity of Lake Austin and to preserve the sensitive slopes of the watershed. We all know that such protection can only be done through low-density controls over building in the watershed. Institution of low-density standards for the Peninsula, then would become the object of the proposed moratorium. I do believe there is general agreement on that issue. We would hope The areas yet to be agreed upon are in how those low-density standards are to be achieved and how they will best be maintained; once they are in effect. The question of how low-density standards for the Peninsula can best be maintained suggests our organization's recommendation to return the Peninsula to the jurisdiction of West Lake Hills, whose standards for development are suited to the terrain and whose commitment to preservation of the watershed has been established. that this Council would meet with the Council of West Lake Hills during a moratorium period to discuss this alternative. Such a meeting has been planned for a long time, but no date has yet been set. We have been promised that the alternative of return of the Peninsula to West Lake Hills will be studied seriously by this Council. It would be a show of good faith if a date were set today for a joint work session between the two Councils. There are other recommendations we would like to make today, and that is in regard to Austin's providing water and wastewater to the West Lake Peninsula. This Council made a grievous error, in our estimation, when it agreed to deliver water Council Memo MORATORIUM (Continued) 11 June 5, 1980 and wastewater to the Houston-based Westview Corporation. Agreement to deliver utilities to Davenport Ranch violates Austin's Master Plan and its recommended growth corridors, and agreement to deliver utilities has the potential to destroy the entire Peninsula. It is our feeling that it is not too late to cancel the approach main contract made with Westview. We believe that specialists in contract law will support our contention that the contract can be cancelled with only 90 days notice by Austin. We remind the Council that the recent bond election in which water and wastewater extensions outside the recommended growth corridors of the Master Plan were defeated overwhelmingly. This is a clear indication from the citizens of Austin that cancellation of the approach main contract with Westview Corporation would be their mandate. Moreover, to even consider seriously oversizing those water and wastewater mains to allow high-density development throughout the Peninsula is tantamount to throwing away the efforts of six years preparation of the Master Plan. It is the same as abdicating the responsibility for growth policies in this City to Houstonbased interests. The citizens of Austin can only look at a vote for oversizing utilitics, if such a motion is to be laid before this Council, as a vote to support the interests of monied, largely out of Austin, developers over the interests of Austin citizens, in terms of directing this City's path of growth. To summarize, we understand that the purpose of the proposed moratorium is to set low-density development standards for the West Lake Peninsula. We believe that those standards can best be established by no water and wastewater extensions outside the growth corridors of the Master Plan, and we hope that the Council will Council Memo MORATORIUM (Continued) 12 June 5, 1980 give immediate consideration to the return of the Peninsula to West Lake Hills. Our organization would like to participate in serious study of low-density development standards for the Peninsula during a moratorium, should Mr. Goodman's proposed moratorium be approved by this Council. Councilmember Goodman stated, "It's been my position all along that the City of Austin should not return any portion of the peninsula to the City of Westlake Hills and at the same time that I've held that position I have been strongly in favor of developing restrictions to protect the water quality.... That remains my primary interest, protecting the quality of water the citizens of Austin drink. That is why I think we should adopt some development standards that achieve that purpose. I can't agree at this time and don't anticipate changing my mind to relinquish the territory called West Lake. Peninsula to the City of West Lake Hills." Mayor McClellan referred to paragraph 3, page 2 of Mrs. Durio's statement and asked Assistant City Attorney Albert DeLaRosa to respond to it. She said she does not think it is as simple as stated that the contract can be cancelled with only 90 days notice to Austin. Mr. DeLaRosa told her, "There is that provision in the contract, however, that provision was placed in the contract specifically for the purpose of insuring that the City of Austin's rights would be protected if Westview Development, Inc. for some reason breached the contract or was proceeding to develop the land not in accordance with conditions which the Council placed upon such development. I havn't been told those conditions have been breached by Westview Development, Inc. and certainly Westview has most assuredly expended a good deal of time, effort and money on the contract with the City of Austin, which this Council has approved. If the contract is abbrogated by the City Council without showing there has been a breach on the part of Westview Development, Inc. then I most certainly assure the Council we will more than likely end up in a lawsuit over the matter." Councilmember Cooke said, "I don't want to get into what reasons Helen suggested that, but I agree with you that unless there is a reason other than just 'well we don't think we should do that now' it would be a capricious and arbitrary decision by this Council and I think we would lose that lawsuit. ... But I'm not a lawyer." Ms. Durio returned to the podium and said, "We have taken the contract to a contract law specialist and I think he would be available to talk to you. It was his feeling that it can be cancelled as long as there is no water delivery at all. I have given his name to some of the Councilmembers." Councilmember Goodman stated, "Whether or not we committed a grievous error in granting Westview and Davenport a consent agreement for a MUD, it was my Council Memo 13 June 5, 1980 MORATORIUM (Continued) belief and conviction at that time, and I am still of the opinion that had we not acted, we ran the very strong possibility perhaps even a probability that they would have gone on to the Water Rights Commission and would have gotten what we call around here a full-blown Houston MUD for the entire 1200 acre tract." Ms. Durio said that would be predicated on the basis they had something to do with the affluent and I don't know where they could put that much affluent. Councilmember Goodman said, "they had a discharge permit at that time already issued by the Water Quality Board for 250,000 a day of affluent into Lake Austin and that caused me to be extremely concerned. As a consequence I voted for the Consent Agreement for the MUD because I saw that as a much better alternative, given all the alternatives that were outlined for us by the Legal and Planning Department." Ms. Durio pointed out that if they backed up beyond 1971, if the jurisdiction had still been under the control of Westlake Hills, Davenport could have never come into being. We do not think there were ulterior motives but quite sincerely we think there was an error. Motion The Council, on Councilmember Goodman's motion, Mayor McClellan's second, waived the requirement for three readings and finally passed an ordinance establishing a temporary ninety day moratorium on the processing of certain subdivision plat applications covering land located within the Lake Austin Peninsula north of Bee Creek beyond a certain stage. (5-0 Vote, Councilmembers Trevino and Himmelblau absent.) Motion The Council, on Councilmember Goodman's motion, Mayor McCellan's second referred the peninsula study to the Environmental Board and Planning Commission for ther recommendations and is to be brought back to the Council in 45 days. (5-0 Vote, Council members Trevino and Himmelblau absent.) Councilmember Goodman said his preference would be to adopt the standard of a one unit per acre development restriction throughout the peninsula except in the MUD area where there is a previous agreement to allow them to go up to the 2.2 standard under the Lake Austin Ordinance. 8-3 REQUEST FOR RECONSIDERATION FOR SALE OF BEER WEST AUSTIN PARK Mr. Fred Peitrowicz appeared before Council to request reconsideration of the permission granted to Mr. Gary Logsdon for the sale of beer at West Austin Park, from 3:00 p.m. to 10:00p.m., June 15, 1980. He said the park is too small for the Clarksville Jazz Festival, there is a parking problem and a crowd problem. The sale of beer, he and the neighborhood fear, will just compound the problems which have existed the past two years with the Festival. Mr. Phillip Toler, representing the Clarksville Jazz Festival, said he had heard of no complaints last year and pointed out the reason for the sale of beer is to pay the musicians. Elizabeth Hamilton appeared before Council. She lives on Baylor Street and said she wanted to go on record as having complained about the Festival two years in a row. She said it is a loud and raucous event and objects to the 6-1 Council Memo REQUEST (Continued) intrusion of sound and cars. 14 June 5, 1980 Mayor McClellan commented that if the event is growing it may be appropriate to have it somewhere else next year. OBJECTION TO OPERA HOUSE NOISE Ms. Lel Hawkins appeared before Council to discuss street closure in the neighborhood of the Austin Opera House due to excessive noise and traffic during concert hours. City Manager Davidson told her the city has been conducting studies of the problem and working on a plan to alleviate parking difficulties. CONSUMER CREDIT COUNSELING PROGRAM Mayor McClellan introduced an item to Council to consider participating in Services of Consumer Credit Counseling Program of Child and Family Services. Ms. Barbara Backer, Board Member of Family Services, said the counseling thus far has been successful and they need the city's cooperation. Joe B. Brannon, Executive Director, Child and Family Services, told Council the consumer credit counseling has just finished its first year. Their role is to arbitrate between the client and the creditor. They are asking for seed money of $1,000 from the city for the next year and also would like to have the city utility department have a liason person to work with the program. Mr. Guymon Phillips, Director of Customer Service, Electric Utility Dept., said he agreed with the request for a liason person. Councilmember Mullen felt the request for $1,000 is a modest one. Mayor McClellan said she is in favor of the proposal but first must identify where the $1,000 will come from and asked this be put on next week's agenda with a fiscal note. Motion The Council, on Councilmember Snell's motion, Mayor McClellan's second, voted to support the participation and to place it back on next week's agenda. (5-0 Vote, Councilmembers Himmelblau and Trevino absent.) INFINITY OF LIFE SCULPTURE A report by the Parks and Recreation Board on the "Infinity of Life" sculpture in Republic Square was postponed until next week. 2 GRANT FOR PUBLIC MURAL The Council, on Councilmember Goodman's motion, Councilmember Snell's second, authorized the allocation of $500.00 of the Art Commission Contingency Fund to InterArt Works to complete the public mural on the outside wall of the Varsity Theatre at 24th and Guadalupe Streets. (5-0 Vote, Councilmembers Trevino and Himmelblau absent.) Council Memo 2 15 SUMMER GYM PROGRAM June 5, 1980 Mayor McClellan introduced an item to Council which would authorize personnel for the Summer Gym Program. She said this would mean requesting the Austin Public Schools to open their gymnasium doors for the program. Motion The Council, on Councilmember Snell's motion, Mayor McClellan's second, authorized $6,600.00 from Parks and Recreation Department budget for salaries for personnel for the Summer Gym Program. (5-0 Vote, Councilmembers Trevino and Himmelblau absent) ADJOURNMENT Council adjourned its meeting at 12:00 Noon.