Back to Archives

Austin Land, Water & Police Debates

Thursday, January 19, 1984 regular
  • The Council began overhauling watershed ordinances to protect the Edwards Aquifer, leading to a heated public debate between environmental advocates pushing for stronger density restrictions and property owners concerned about development impacts.
  • Controversial measures to protect the character of the Old West Austin neighborhood were discussed, including special permits for multi-family housing, with a temporary ordinance passed to address concerns.
  • The Police Association defended Chief Dyson against allegations of failing to improve minority representation, citing significant increases in Black, Hispanic, and female officers during his tenure.
  • Major infrastructure and technology investments were approved, including land acquisition for the U.S. 183/Loop 1 interchange and a $2.5 million IBM computer system, alongside a new electric rate tariff.
  • Maximum fines for city code violations related to fire safety, zoning, and public health were dramatically increased from $200 to $1,000.

Full Transcript

i i 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 FOUNDED 1839 Austin City Council MINUTES For JANUARY 19, 1984 1:00 Ρ.Μ. -- 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. MINUTES APPROVED The Council, on Councilmember Shipman's motion, Councilmember Spaeth's second, approved minutes for Regular Meeting of January 5, 1984 and Special Meetings January 9 and 10, 1984. (6-0 Vote, Councilmember Rose was out of the room.) ZONING ROLLBACK DISCUSSED Mr. B.C. Todd appeared before Council to discuss zoning rollback on lots 4, 5 & 6 in Block 3, Benson Subdivision. He said the lots are near many apartments and he would like to keep the zoning at "C" like it always has been. Mayor Mullen told him if he had not requested the rollback it would not have been done. Mr. Todd said he Had made the request at the time because of pressure from the neighborhood. Mayor Mullen said the only way he sees a fair solution is for Mr. Todd to go through the process for a rollback.. COMPENSATION PLAN DISCUSSED Mr. Peter Fears appeared before Council to discuss compensation of various classes of City of Austin employees. He discussed the executive compensation plan and said the senior staff is sensitive to it and see problems which can be resolved at an administrative level. Council Memo :2 POLICE MATTERS DISCUSSED 1/19/84 Mr. Jerry L. Spain, Austin Police Department, appeared before Council to discuss Police Association and Police Department related matters. Mr. Spain stated: "I'd like to read from a statement that I said would be read at last Council Meeting, if I may. I want to thank the Council for allowing me this opportunity to offer some facts and observations regarding the comments made by the LULAC representatives. If we can look beyond what was said last week I believe the facts are quite clear. In spite of all the rhetoric the chief allegation being made against Chief Dyson is that he has not taken any action during his seven years tenure as Chief of Police to improve the representation of protected classes within the commisioned ranks of the Austin Police Department. I believe a simple examination of the facts will provide an excellent answer to those charges. During Chief Dyson's tenure with the A.P.D. the number of Black police officers has increased by 115%. The number of Hispanic officers has increased by 109%. The number of female officers has increased by 1,067%. The numbers of non-protected classes has increased by only 10%. I point out that this was accomplished without any imposed quotas. I believe from these facts it is clear that the charges made by this group are completely without basis in fact. The numbers I have quoted are regularly reported and are available to any individual or group that wants to know the true progress in which the facts so clearly support the Chief's actions. Regarding protected classes, the information is so readily available to anyone that I believe one must raise the question, 'What is the real motive of the individuals making the allegations. I believe their motives are too clear. This is nothing more than a thinly disguised attempt to politicise the promotion process within the Police Department and kill the Civil Service concept in which this City participates at this time. It is perhaps ultimate irony that the one state-wide leader pushing the Texas Legislature to open up Civil Service restrictions to help the upward mobility of protected classes is none other than the target of this political attack, Frank Dyson. In closing I would like for the Council to understand I am here today not only as president of the Austin Police Association but perhaps more importantly as an individual who has spent a good many years in Austin and firmly believes Austin is respected throughout the state and country because of our citizens ability to work together toward the goals regardless of political leanings. .......... CONSENT ORDINANCES The Council, on Councilmember Shipman's motion, Mayor Mullen's second, waived the requirement for three readings and finally passed the following ordinances in one consent motion: CIP Amendment Approved amending the Aviation 1983-84 CIP transfer by $79,500 & appropriating $145,300 to 83/81-02 Long Term Parking Lot Expansion w/Shuttle. Fines for Code Violations Approved increasing the maximum permissible fine from $200.00 to $1,000.00 on City Code violations for fire safety, zoning and public health and sanitation. Council Memo 3 Municipal Court of Record 1/19/84 Amended Ordinance No. 840112-0 pertaining to the Municipal Court of Record, providing for an effective date of March 1, 1984. CONSENT RESOLUTIONS The Council, on Mayor Pro Tem Trevino's motion, Councilmember Shipman's second, adopted the following resolutions in one consent motion: (7-0 Vote) Item Pulled During the consent resolution Council pulled from the agenda consideration of entering into a contract with The University of Texas School of Engineering to prepare an inventory for the Wastewater collection system and appropriate documents for the City. Submission of Grant Authorized submission of a grant to the American Public Power Association Energy Research and Demonstration Committee in the amount of $6,000. Runway Centerline Lighting Project Approved delaying 84/81-11 - Runway 13R-31L Centerline Lighting Project until FY 84-85 and adding four new projects to FY 1983-84. EMD Office Space Approved lease of office space for Energy Management Department. Acting City Manager Appointed Approved a resolution appointing Jorge Carrasco as Acting City Manager. (This is ratification of action taken previously.) Contract Approved Authorized and approved the following contract award: c. Centel Business Systems 5501 North Lamar Boulevard Suite A101 Austin, Texas 78751 - Purchase of telephone system to include installation and five year maintenance with authorization for City Manager or designee to add additional equipment and/or upgrade the system for a five year period with pricing adjustments in accordance with current Consumer Price Index or manufacturer's published price list. Total Cost: $385,973.00 a Council Memo 4 Law Firm Retained 1/19/84 Authorized the continued retention of Vinson and Elkins law firm in regard to state water rights adjudications. Public Hearing Set Approved setting a public hearing to amend Ordinance 830921-N relating to the wastewater average calculation on February 2, 1984 at 4:00 p.m. LEGAL COUNSEL FOR ETHICS REVIEW COMMISSION The Council, on Councilmember Shipman's motion, Mayor Pro Tem Trevino's second, adopted a resolution to retain legal counsel to assist the Ethics Review Commission. (6-0 Vote, Mayor Mullen abstained) EXECUTIVE SESSION Mayor Mullen announced Council will go into Executive Session pursuant to Article 6252-17 to discuss the following matters: a. Boards & Commission Appointments- Section 2, Paragraph g b. South Texas Project Litigation - Section 2, Paragraph e After such closed or executive session any action to be taken will be done in open session. RECESS Council recessed its meeting at 1:50 p.m. and resumed its recessed meeting at 4:00 p.m. ITEM TO BE BROUGHT BACK A resolution to consider approval of the following contract will be brought back on January 26, 1984. IBM CORPORATION One Texas Center 505 Barton Springs Road Austin, Texas - Three Microcomputer Systems for Management & Budget Office - $22,622.56 Council Memo 5 NEW ELECTRIC RATE TARIFF 1/19/84 The Council, on Councilmember Duncan's motion, Mayor Mullen's second, waived the requirement for three readings and finally passed an ordinance amending Ordinance No. 820923-F and adopting a new electric rate tariff. (7-0 Vote) Prior to the vote Councilmember Shipman asked when the study on school and all-electric homes will be ready. John Moorė Electric Department, said that they are collecting data for schools and the study should be ready in March. Mr. Aghjayan, Utility Director, said he will do a study of all-electric homes and do a study by looking at classification of customers. CITIZEN DID NOT APPEAR Mr. Bryon Sehlke, who had requested a variance of ordinance on pier/boat dock extending into lake, did not appear. REVISED SITE PLAN APPROVED The Council, on Councilmember Spaeth's motion, Mayor Pro Tem Trevino's second, approved the request of Mr. Gary Bradley of a revised site plan for "Riverbend PUD" and changing the name to "Hermosa Office Park". (7-0 Vote) Prior to the vote Gary Bradley showed plans for an office development of 33 acres on Loop 360 rather than homes. He said there will be a greater set back from the lake and an above ground sewer system. Mr. Lillie said the site plan was reviewed by all departments and Planning Commission approved. Jay Powell, Windy Cove Neighborhood Association, said changing from 90,000 square feet of homes to 360,000 square feet of office space concerns them, as well as traffic and impervious cover. He said the project will be four stories and the neighborhood needs to be protected. Lonnette Williamson spoke against developers. HEARING TO BE CONTINUED The Council, on Mayor Pro Tem Trevino's motion, Councilmember Urdy's second, voted to continue the hearing on River Place MUD I and II until February 2, 1984 and take action on February 9, 1984. (Applicant had agreed to these dates.) (7-0 Vote) Council Memo 6 1/19/84 PUBLIC HEARING ON APPEAL Mayor Mullen opened the public hearing set for 2:30 p.m. on an appeal from Mrs. Mary Miller Arnold on the issuance of a site development permit for the construction of a golf course in the proposed Riverplace Development west of City Park in the Lake Austin Watershed. (Continued from January 12, 1984) Mr. Ridings reminded Council this had been sent back to the Planning Commission. Frank Cooksey, representing Mary Arnold, said there will be problems with cut and fill with cuts to 15' and fills to 30'. He said the permit should be denied. Terry Bray, representing River Place, told Council the golf course is designed to minimize construction impact. Jay Powell, president, Windy Cove Neighborhood Association, said the cut and fill problem is their concern. Council decided to include this matter in a work session on January 30, 1984 and bring back for action on February 2, 1984. OLD WEST AUSTIN NEIGHBORHOOD Acting City Manager Jorge Carrasco reported as follows on findings and recommendations on Old West Austin Neighborhood. (Councilmember Spaeth stated that under the new ethics law he must abstain from discussion and left the dais.) "What I would like to do is summarize the recommendations that are being made by staff. We have a number of recommendations we would like to present in order to protect inner city neighborhoods such as the Old West Austin neighborhood. The ordinance prepared by the Legal Department outlines these in detail but in addition to the ordinance provisions I want to advise Council on what other steps staff is prepared to take in order to implement Council's policy on this particular issue. First we request Council adopt an ordinance requiring a special permit for all multi-family development similar to Fairview Park. We would also advise Council to direct. Planning Department to work with neighborhood association to identify any owners in the area who wish to down-zone their property. We also propose to encourage property owners who plan demolition or removal of single family structures to work with the neighborhood association for relocation within the neighborhood. In addition we propose to accelerate the effective date of proposed compatibility standards and traffic impact analysis studies in the proposed zoning ordinances. We also propose the establishment of an overlay zone for inner city neighborhoods within the format of the current zoning ordinance. Finally we recommend Council consider placing the Old West Austin neighborhood in a high priority for the neighborhood planning program currently planned for current fiscal year." Leon Whitney, who is a property owner in the area, requested a public hearing. He feels the ordinance is designed to get rid of apartments and let the area be nothing but single family houses. i Council Memo Neighborhood - (Continued) 7 1/19/84 Billy Tindell, Old West Austin Neighborhood Association, said his apartment will be demolished and he cannot support the ordiance. Doug Nichols asked for a delay and further study. Robert Meisel said the ordinance is a step in the right direction. Bill Canale, representing concerned west Austin property owners, discussed the single family issue. Gayle Gray, Fairview Park property owner, had a house contract default because of the ordinance and is damaged because of it. Ted Hendricks, Austin Apartment Association, said the apartments in the area should remain. Daniel Traverso, who owns a tri-plex, said his street is only 27' wide and parking is on both sides of the street all day, making the street impassable. He supports the ordinance. Ed Miller, opposes the ordinance, because he said single family dwelling protection is questionable. Richard Hardin opposes the ordinance and asked all in the audience who feels the way he does to stand. They did. Eden Box said the ordinance is wrong. Kathryn Kennedy, who owns property in Travis Heights, approves of the proposed ordinance. Linda MacNeilage encouraged Council's support of the ordinance and said there should be a complete study of utility capability in the neighborhood. Al Kaplan said the zoning ordinance that is being worked on will mean nothing if this ordinance is passed. Jim Thompson, Old West Austin Neighborhood Association, said the ordinance calls for giving the Planning Commission a chance to review what is being built. Roger Joseph, who owns property in the area, said the ordinance, if enacted, will bring about many lawsuits because people in the area are being limited to what they can do. Laura Smith feels the ordinance presents serious problems. Mike McHone, representing Save University Neighborhood Association, wants a comprehensive planning process. : ! Council Memo NEIGHBORHOOD - (Continued) 8 1/19/84 Brian Dudley, who lives in Fairview Park, supports the ordinance. Charles Harker, architect, opposes. Marty Hall who represents clients in three of the affected areas said there is a notification problem and opposes. Bert Cromack, Hyde Park Neighborhood Association, endorses the ordinance. Dorothy Richter also supports. Richard McCown, 607 Blanco, supports. Terry Ann Ridley opposes. Rick Hall supports. Jorge Carrasco said a fiscal note needs to be prepared before this ordinance comes back for action. Mayor Mullen said normally people in the process are grandfathered. Council member Duncan asked for the placement of moratorium extension on next week's agenda. Motion The Council, on Councilmember Shipman's motion, Councilmember Duncan's second, waived the requirement for three readings and finally passed a temporary ordinance without fees, which will come back on February 2, 1984 for public hearing and amending where needed concerning water and wastewater and traffic problems; public hearing February 2, 1984 and passage of revised ordinance February 9, 1984. (5-0 Vote, Councilmember Spaeth abstained, Mayor Pro Tem Trevino was out of the room.) WORK SESSION SET Mayor Mullen announced the public hearing set for 2:30p.m., continued from January 12, 1984 on an appeal from Mrs. Mary Miller Arnold on the issuance of a site development permit for the construction of a golf course in the proposed Riverplace Development west of City Park in the Lake Austin Watershed would be handled in a work session on January 30, 1984 and action will be taken February 2, 1984. RECESS Council recessed its meeting at 6:25 p.m. and resumed its recessed meeting at 7:05 p.m. : Council Memo : 9 PUBLIC HEARING January 19, 1984 DEDICATION OF PERMANENT EASEMENT Mayor Mullen opened the public hearing set for 3:00 p.m. on dedication of a permanent easement for Lower Walnut Creek Wastewater Interceptor and a temporary easement adjacent thereto during construction, across City's Big Walnut Creek Greenbelt. Mr. Ridings, Director of Public Works, stated everything is in order. Mayor Mullen asked Mr. Ridings, "Is there no feasible and prudent alternative to a permanent easement for Lower Walnut Creek Wastewater Interceptor and a temporary easement adjacent thereto during construction, across City's Big Walnut Creek Greenbelt." Mr. Ridings answered "No". Mayor Mullen asked, "In your opinion has all reasonable planning been undertaken to minimize any harm to Big Walnut Creek Greenbelt as a result of this use?" Mr. Ridings answered that all planning has taken place. Motion The Council, on Councilmember Duncan's motion, Mayor Mullen's second, waived the requirement for three readings and finally passed an ordinance dedicating a permanent easement for Lower Walnut Creek Wastewater Interceptor and a temporary easement adjacent thereto during construction across City's Big Walnut Creek Greenbelt. (7-0 Vote) U.S. 183/LOOP 1 INTERCHANGE The Council, on Mayor Pro Tem Trevino's motion, Mayor Mullen's second, adopted a resolution to acquire certain land for the U.S. 183/Loop 1 Interchange. CAPITAL IMPROVEMENTS PROGRAM No. 81/61-26. (7-0 Vote) Prior to the vote Ms. Alpha Good said the City should have mass transit. CHANGE ORDERS The Council, on Mayor Pro Tem Trevino's motion, Councilmember Urdy's resolutions approving the following change orders: second, adopted a. In the amount of $50,000.00 to Austin Road Company for the relocation and adjustments of water lines associated with Congress Avenue Peninsula Plan Improvements. (1.87% increase of the original contract) C.I.P. No. 83/22-04. b. In the amount of $5,710.00 to Austin Road Company for Congress Avenue Improvements 1982. (0.21% of the original contract) C.I.P. No. 75/62-09. C Council Memo 10 CONTRACT APPROVED January 19, 1984 The Council, on Councilmember Duncan's motion, Mayor Mullen's second, adopted a resolution approving the following contract: (7-0 Vote) IBM CORPORATION National Accounts Division 505 Barton Springs Austin, Texas - Purchase of a Central Processing Complex, Information Systems Department - $2,542,883.92 Prior to the vote, Ms. Alpha Good read a poem. Mayor Mullen asked if this IBM equipment will be compatible with other equipment or if it is compatible with IBM only. Mr. Hugh Standifer, Director of Information Systems, told him this is compatible with other equipment. FEASIBILITY STUDY FOR CIVIC CENTER The Council, on Councilmember Urdy's motion, Councilmember Spaeth's second, adopte a resolution authorizing the City Manager to issue Request for Proposals for a feasibility study for a Civic Center. (7-0 Vote MEMORANDUM OF UNDERSTANDING The Council, on Councilmember Shipman's motion, Mayor Mullen's second, adopted a resolution authorizing a "Memorandum of Understanding" with Lower Colorado River Authority, removing Austin from participation in Fayette #3. PUBLIC HEARING ON WATERSHED ORDINANCES Mayor Mullen opened the public hearing set for 5:00 p.m. on amendments to the following: a. The Watershed Ordinance for Onion Creek. b. The Watershed Ordinance for Bear Creek. c. The Watershed Ordinance for Little Bear Creek. d. The Watershed Ordinance for Williamson Creek. e. The Watershed Ordinance for Slaughter Creek. Mayor Pro Tem Trevino stated: "Before we begin the next two items on the agenda I want to read a statement. Before the Council takes up the watershed ordinances and the amendments to the Roadway Ordinance, I wish to inform you and state for the record I will not participate in the discussion and will abstain from voting on any of the proposals. I have been and continue to be involved in discussions relating to the development of certain land located in the areas of the City covered by these ordinances. I believe, and the Acting City Attorney agrees, that because of my ongoing involvement in these matters and because those properties and their values will be affected by whatever action the Council takes that I have an indirect pecuniary interest in these decisions and must therefore withdraw." Mayor Pro Tem Trevino then withdrew from the Council Chamber. Council Memo 11 January 19, 1984 Maureen McReynolds, Director, Office of Environmental Resource Management, reviewed the watershed ordinances and showed slides. Richard Ridings, Director of Public Works, discussed the streets. Phil Savoy, vice-chairperson, Environmental Board, said if the aquifer is damaged it cannot be restored. Dr. Hayden discussed the ordinances. density restrictions. Phyllis Brinkley talked about Catherine Kennedy, plant ecologist, discussed her views. Raymond Slade, representing the U.S. Geological Survey, said he has no position on the ordinance concerning the recharge zone. In 1980 the creeks were measured for the flow as it enters the ground. Mayor Mullen asked if wells pump from the aquifer what will happen. Discussion followed concerning water available for pumping. Steve Hansen, Sierra Club, told Council that protection of the Edwards Aquifer should be uppermost in the Councilmembers minds. Darrel Meyers, UT instructor, said high density development will decrease integration into the City. Leda Bonzallini, representing Austin Contractors and Engineers, spoke in opposition to ordinance changes. David Orr, student, told Council to be careful. David Rauschbaker, San Leanna Village, said they want less density than proposed. Aquifer. Pete Stone, Mayor of Buda, said their sole source of water is the Edwards Jim Cameron, representing Spillar Ranch, said they are not able to support the ordinance as written. Shudde Fath urged Council to vote on amendments as proposed. Harry Nolen, former Councilmember, said the City should have the biggest and broadest restrictions possible. disaster. Bert Cromack wants Barton Creek saved. Robin Cravens read a poem. James Pinedo spoke in support. David Kupperman wants the aquifer protected. Terry Irion, representing Herman Heep Ranch, opposes the ordinance as a Council Memo 12 RECESS January 19, 1984 Council recessed its meeting at 9:00 p.m. and resumed its recessed meeting and discussion of the roadway plan at 9:15 p.m. Peggy Glass, environmental consultant, showed a map and said urbanization does not impact wells, based on nitrate data. but what. John Noell, engineer, does not favor the ordinance amendment. A man representing Austin Partners, Inc., said the question is not how many, Gilbert Martinez said the ramifications must be considered. He said if the ordinance is passed it will become the birthright of the wealthy. Jackie Goodman, South Austin Highlands, said there is no proven density figure for or against and suggested Council stay on the conservative side. Joe Beal, senior vice-president, Espey-Huston Associates, spoke in favor of water quality in Barton Springs. Janie Anderson said the aquifer must be protected. Jim Mills, Austin homebuilder, opposes the ordinance and said if it is passed it would not treat all with same equity. Max Nofziger discussed clean water. Mayor Mullen wanted to know why and how the Georgetown water was fouled. Ms. McReynolds told him it was viruses from a suspected leaking sewer line. the Bert Pence has 425 acres over the recharge zone. He said density alone is issue and opposed the ordinance. Larry Heyda, mayor pro tem of Sunset Valley, wants the toxic chemicals restricted. Jim Vier discussed 59 acres in the Convict Hill area and asked that the area be excluded from the ordinance change. Frank Cooksey said the present ordinance will protect the aquifer. Gary Witt said the ordinance should be passed so we have protection in place. Charlie Graves, consulting engineer, said the ordinance does not serve either the developer or the environmentalist. Ann McAfee favors adoption of the low density standards. Council Memo 13 January 19, 1984 Jerry Turner, representing G.R. Rutherford, said they are concerned about the impact of the ordinance on their property. He said this ordinance will not preserve the quality of water in the aquifer. Ruby Goodwin, president, Travis County Democratic Women, told Council not to mix up their mandates. Glen Rosales said the Edwards Aquifer is in Area V where there is supposed to be the least amount of building. Ira Yates, who owns 362 acres, says the existing ordinance will work. Ken Manning said a more conservative approach should be taken. Lonette Williamson said Council could mandate that any further land be used as parks or public land. Maury Hood Budget to find cost. said Council should vote and then send to Management and Joe Riddell showed slides. Dorothy Richter said Barton Springs is deteriorating. Motion The Council, on Councilmember Duncan's motion, Councilmember Rose's second, closed the public hearing. (6-0 Vote, Mayor Pro Tem Trevino was out of the room.) Motion The Council, on Councilmember Duncan's motion, Councilmember Spaeth's second, passed through FIRST READING ONLY an ordinance amending the Watershed Ordinances as follows: (6-0 Vote, Mayor Pro Tem Trevino was out of the room) Councilmember Duncan stated, for the ordinance: I have some comments to make, and then a motion. First I do I do not think we need to proceed with some plans to protect the aquifer. agree with the argument that we should wait until there is conclusive unambiguous scientific evidence that pollution is occurring as a result of urbanization. I think we have enough evidence, and scientific evidence is a funny thing. You can argue about that for years. FDA takes several years to approve a certain drug, and they have very refined processes, much more refined than for determining pollution in an aquifer, I would think. You know..I..I just heard similar arguments before the National Energy and Environment Committee of the National League of Cities, in which we were discussing the acid rain problem, and all the coal plants came before the Commission and said, there is just no proof that acid rain is being caused by the sulphur that we are emitting from these stacks. And the Committee decided that they just could not afford to wait until that proof was uncontroversial. That..ah..that there was enough evidence that we had to act now. And that's the same way I feel about the aquifer. ! ; Council Memo 14 January 19, 1984 We have tremendous build-out plans. If we wait until the aquifer is completely built out, to have conclusive, unambiguous scientific evidence, what we will have is conclusive scientific evidence of how the aquifer was destroyed. Because we are not going to go back and re-vegetate that area and tear homes down and move people out once it is built. ........ If we are going to protect it, we have to make some assumptions and move quickly because the development is moving quickly in the area. And I do think there is adequate correlation between urban development and pollution being shown..the studies, the Espey Huston studies.. the different two pages of references that were researched by Jackie Goodman. There is sufficient evidence for us to go ahead and move. I am also not that concerned about the elitism and segregation argument because I don't think the City is the cause of that. The City of Oak Hill developed over a period of years. We had population breakdown presented to. us at the time we were looking at annexation of Oak Hill. I don't remember the numbers off the top of my head, but there was very few minorities out in that area..very few. And it has nothing to do with density regulations from the City of Austin. There weren't any when that land was developed. There are legitimate problems that have been brought up. I think the problem of wells is a legitimate problem that needs to be addressed, and in fact, ..I..have proposed a conceptual ordinance to deal with that problem, having to do with requiring subdivision development to prove up a stable source of water in the area, based on reasonable assumptions about development of other land in the area of the same density, and we are waiting on Legal and Planning to comment on that, and..ah..I do not know what the comments will be. That may be a way to approach that problem. Several Council members have said that they want more time to look at and discuss the density of questions involved. I admit there are some legitimate problems with the current structure of the ordinance in that regard, and I think Mr. Vier pointed out some very legitimate problems, particularly regarding the state of development in..perhaps the Williamson and Slaughter Creeks Watershed. But there is a lot of this ordinance that I think is really non-controversial that needs to be acted on immediately. We need to define the re-charge zone where it is really occurring. We need to define the contributing zone. We need to get the Environmental Board involved in recommendations on variances. Need to look at non-urban roadway standards and many other things. So, the motion I would make is a two-part motion, and that is first, that we adopt the Planning Commission recommendations that were made on Tuesday with the two changes. I have been talking with the City Attorney and he recommended that on pages 11 and 18 where it speaks to variances, the word "shall" should be changed to "may", and on pages 14 and 21 of that document where it speaks of cluster housing provision, that provision is only meaningful when tied to a density standard that has not been decided. So with those..ah..and should be taken out until we have some decision on i 1. Council Memo 15 1/19/84 density. So with those two changes, I recommend that we adopt on the first reading tonight, the Planning Commission recommendation, and that the Mayor appoint a sub-committee of the Council to continue discussion on the density, report back to a full Council, say in three weeks, and hopefully be able to pass an ordinance on final reading at that time. That's the motion." Councilmember Urdy said he thinks limiting density will encourage the use of more septic tanks and wells. Mayor Mullen said if the ordinance is passed we will end up with industry rather than single family homes in the area. He said it should be looked at in more detail. Mayor Mullen appointed a sub-committee of Mayor Mullen, Councilmember Duncan and Councilmember Urdy. RECESS Council recessed its meeting at 11:15 p.m. and resumed its recessed meeting at 11:40 p.m. PUBLIC HEARING - ADDITION TO ROADWAY PLAN Mayor Mullen opened the public hearing scheduled for 5:00 p.m. on addition to Roadway Plan for the southwest portion of the City of Austin. the plan. Dr. Benson, Director of Urban Transportation, presented a brief summary of Terry Irion, representing owners of unsubdivided Travis Country, said Boston Lane is a major arterial which is needed now. Rona Levine, Travis Country Homeowners Association, said there will be no entrance to their homes if MoPac is extended in 1985 as it will close the only entrance they have. Dr. Benson assured her they will not leave Travis Country without egress and ingress. Glenn Neans who owns Travis Country, said they have to have a way for homeowners to get in and out. Bert Cromack, Save Barton Creek Association, spoke about roads and pollution. Ann McAfee said a decision of roads should be postponed until a decision is made about the land. Ira Yates discussed several issues. Seretha Henry said she wants MoPac from 290 south and wants parkways. Ed Wendler Sr. said it is hard to figure out what to do. The voters voted to extend MoPac. Council Memo 16 ROADWAY PLAN (Continued) Motion 1/19/84 Councilmember Rose made a motion, seconded by Mayor Mullen to adopt the Roadway Plan amendments as recommended by the Urban Transportation Commission with the following changes: (1) that U.S. 290 be designated as a 6-lane freeway extending westward from Loop 1 to Arterial 11 on 300 feet of right-of-way, except that through the business district of Oak Hill would attempt to work with the State and will direct staff to work with the State to see if there isn't a way that it could be 200 feet through that area; (2) that Arterial 6 MoPac be extended and at 200 feet of right-of-way down to U.S. 290 to Arterial 11; (3) that we direct staff to work with the State to determine the feasibility of providing a direct connection from Boston Lane to the Loop 1 frontage road, during the design of the Loop 1U.S. 290 interchange; and (4) that Arterial 11 not be considered until the Edwards Aquifer Ordinance is finally considered; and post again in 45 days in order to consider other alternatives to Arterial 6, final consideration of Arterial 11 and final determination of Arterial 12. Motion PASSED by a vote of 6-0 with Mayor Pro Tem Trevino out of the room. ZONING WITHDRAWN The Council, on Councilmember Duncan's motion, Mayor Mullen's second, voted to approve withdrawal of the following zoning change request: (7-0 Vote) C14-83 ROOSEVELT TAYLOR, 250 JR. 3008 Govalle By W.G. Hunt & Co. From "A" 1st H&A To "B" 1st H&A NOT RECOMMENDED WITHDRAWN ADJOURNMENT Council adjourned its meeting at 12:50 A.M., January 20, 1984.