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[Capital Metro Board of Directors Public Hearing on May 23, 2022.]

[00:00:03]

SO I THINK THAT WE HAVE ACHIEVED QUORUM.

SO LET'S START A GOOD MORNING.

WE'LL START OUR PUBLIC HEARING.

UH, TODAY IS MONDAY, MAY 23RD, AND WE'RE AT THE ROSA PARKS BOARDROOM AT 29, 10 EAST FIFTH.

THE TIME IS NOW 11 33, 11 33.

UH, TODAY'S HEARING WILL BE TO RECEIVE PUBLIC COMMENT ON THE PROPOSED ACQUISITION OF LAND LOCATED AT TEN SIX TWELVE DELTA DRIVE IN AUSTIN FOR THE MCCOLLOUGH RAIL STATION PROJECT.

UH, MR. CARTWRIGHT, MY UNDERSTANDING IS THAT YOU'LL HAVE A BRIEF PRESENTATION AND THAT'S THE CONCLUSION OF THAT.

WE WILL TAKE OUR PUBLIC COMMENT.

UH, PLEASE GO AHEAD, MR. CAR WRECK.

THANK YOU CHAIR.

UH, TREVELYAN BOARD MEMBERS, PRESIDENT CEO, CLARK, I'M KEN PERRY, VICE PRESIDENT OF CONSTRUCTION FACILITIES, METRO.

AND AS YOU MENTIONED, THE, THE PURPOSE OF TODAY'S MEETING IS A PUBLIC HEARING.

AND I DO WANT TO READ THE EXACT STATEMENT REGARDING THE PUBLIC HEARING.

SO IT'S LAND ACQUISITION TO SUPPORT THE MCCALLA METRO RAIL STATION PROJECT, UH, REGARDING EMINENT DOMAIN AUTHORITY.

THIS IS A PUBLIC HEARING TO RECEIVE PUBLIC COMMENT REGARDING CAPITAL METROPOLITAN TRANSPORTATION AUTHORITIES PROPOSED ACQUISITION OF A FEE SIMPLE INTEREST IN LAND LOCATED, AS YOU MENTIONED AT 1 0 6 1 2 DELTA DRIVE, AUSTIN, TEXAS, THE RESERVED STRIP KRAMER LANE, INDUSTRIAL PARK, TRAVIS CENTRAL APPRAISAL DISTRICT NUMBER 2 5 8 2 5 6 4.

THE MCCALLA RAIL STATION PROJECT BY EXERCISING ITS POWERS OF EMINENT DOMAIN UNDER TRANSPORTATION CODE 4 51 DOT OH FIVE EIGHT C FOR THE PURPOSE OF EXPANDING CAPITAL METROPOLITAN TRANSPORTATION AUTHORITIES TRANSIT SYSTEM.

THE PUBLIC NOTICES REGARDING THIS PUBLIC HEARING WERE POSTED ON MAY 8TH AND MAY 18TH.

AND WITH THAT, I'D LIKE TO SHOW YOU JUST A FEW SLIDES REGARDING THIS PARTICULAR PROJECT.

SO WE'VE HAD DISCUSSIONS ON MANY OCCASIONS REGARDING THIS PROPOSED MCCALLA RAIL STATION AND THE FACT THAT IT'S A REGIONAL RAIL STATION AS PART OF PROJECT CONNECT, IT'S LOCATED, UH, BETWEEN THE Q2 MLA STADIUM AND DELTA DRIVE IN THE NORTH BURNETT AREA.

AND IT WILL CONTRIBUTE TO THE, UH, THE MUCH GROWTH THAT'S ANTICIPATED CURRENTLY ONGOING AND MUCH ANTICIPATED IN THAT NORTH BURNETT AREA, CONNECTING, UH, LOW-INCOME HOUSING, UH, WITH THE STATION AND WITH RAIL TRANSIT, AS WELL AS PROVIDING PEOPLE WITH CONNECTIVITY TO THE AREA, BUSINESSES AND RESTAURANTS, AND, AND OF COURSE THE STADIUM ITSELF AS WELL.

SO THE IMPROVEMENTS, UH, AS PART OF THE RAIL STATION ITSELF, THERE WILL BE TWO PASSENGER PLATFORMS, AS YOU CAN SEE IN THIS RENDERING AS, AS WELL AS ONE SPECIAL EVENT PLATFORM.

SO THIS WILL BE A REGULAR RAIL SERVICE STATION, UM, BUT WE WILL HAVE SUPPLEMENTAL SERVICE DURING SPECIAL EVENTS.

IT ALSO INCLUDES ABOUT A MILE AND A QUARTER OF DOUBLE TRACKING IN THIS AREA TO IMPROVE, UM, OUR FLEXIBILITY FOR SERVICE AS WELL AS TO INCREASE OUR CAPACITY.

IT ALSO INCLUDES A SHARED USE PATH FOR, FOR BOTH, UH, BICYCLES AND PEDESTRIANS THAT CONNECTS, UH, UH, FROM BREAKER LANE TO THE STATION ITSELF.

AND THEN THERE'S AN ACCESSIBLE ROUTE PROVIDED BETWEEN DELTA DRIVE AND THE Q2 STADIUM.

THE PLATFORMS WILL HAVE CANOPIES.

WE'LL ALSO BE PROVIDING BIKE RACKS AND THE TICKET VENDING MACHINE THERE'LL BE CROWD CONTROL AND OTHER RELATED PROVISIONS, AS WELL AS INFRASTRUCTURE SUCH AS STORM WATER.

AND OF COURSE, UH, THE RAIL SIGNAL SYSTEM, UM, AND CONTROL SYSTEM, AS WELL AS POSITIVE TRAIN CONTROL MODIFICATIONS AS PART OF THIS.

AND WITH ALL OF OUR PROJECTS, WE HAVE A SIGNIFICANT SUSTAINABILITY FEATURES.

SO WITH, UH, FOR THE MCCALLA RAIL STATION PROJECT, WE'VE HAD MULTIPLE PUBLIC OUTREACH EVENTS.

I WON'T GO THROUGH THESE LINE BY LINE, BUT WE HAVE RECEIVED SIGNIFICANT PUBLIC INPUT AS WELL AS A, A VERY NICE COLLABORATION WITH THE CITY OF AUSTIN ON THE PROPOSED IMPROVEMENTS IN AND AROUND THIS SPECIFIC AREA, THIS PARTICULAR TRACT ITSELF, UH, IT'S OWNED BY AN ENTITY NAMED SUNBEAM.

UM, AS WE MENTIONED, THE ADDRESS THERE IT'S 0.8285 ACRES.

WE HAVE MADE AN OFFER TO THE OWNER AND INITIAL OFFER AND A FINAL OFFER.

UM, THE RESPONSE DATE FOR THE FINAL OFFER WAS LAST FRIDAY, MAY 20TH, BUT WE UNDERSTAND THAT THE OWNER, UM, DID NOT INTEND TO RESPOND PRIOR TO THAT TIMELINE.

UM, WE DO NOT CURRENTLY HAVE FEDERAL FUNDING INVOLVED IN THIS PROJECT, BUT WE WILL CONTINUE TO SEEK OUT POSSIBLE FEDERAL FUNDING, UH, FOR THIS.

BUT AS A RESULT, WE'RE FOLLOWING ALL FEDERAL PROCESSES ON THIS PROJECT, INCLUDING FOLLOWING THE UNIFORM ACT FOR REAL ESTATE ACQUISITION, WHICH PRIMARILY PROTECTS LAND OWNERS IN SITUATIONS WHERE A GOVERNMENT ENTITY WANTS TO ACQUIRE PROPERTY.

THE IMPROVEMENTS SPECIFICALLY ON THIS TRACT

[00:05:01]

WOULD INCLUDE THE ACCESSIBLE ROUTE BETWEEN DELTA DRIVE AND THE STADIUM.

UM, ALL ADA COMPLIANT ACCESS, THERE'LL BE PEDESTRIAN PATHWAYS, RAMPS, AND STAIRS.

UH, THE PROPERTY, UM, ALSO WILL INCLUDE THE NORTHBOUND PLATFORM FOR THE RAIL STATION.

AND, UH, WE HAVE RELATED STORMWATER, UH, DETENTION AREAS, AS WELL AS, UH, CROWD MANAGEMENT FEATURES, UH, THAT WE'LL BE USING DURING SPECIAL EVENTS SERVICE.

THIS IS A ILLUSTRATION, A VERY SPECIFIC TO, UM, THE, THE STATION AREA ITSELF.

AND I APOLOGIZE FOR BEING SO SMALL, BUT THE, UH, THE, THE TRACK THERE IS THE SUN BE TRACK.

AND YOU CAN SEE THE ENGRAVED, THE, UH, STATION PLATFORMS, UM, AS WELL AS YELLOW ARE THE PEDESTRIAN PATHWAYS AND PINK, PINK IS ALSO PEDESTRIAN ACCESS WAYS.

AND THEN THE BLUE AREA WOULD BE A STORMWATER DETENTION AREA THERE AS WELL.

SO WITH THAT, I WOULD, UH, BE HAPPY TO ANSWER ANY QUESTIONS FROM BOARD MEMBERS BEFORE YOU OPEN IT UP FOR PUBLIC COMMENT.

UM, GO AHEAD.

UM, TWO QUICK QUESTIONS.

ONE, IS IT TYPICAL FOR THE OWNER NOT TO RESPOND TO AN OFFER FINAL OFFER? AND SO THERE ISN'T ANYTHING UNUSUAL ABOUT THAT IS MY QUESTION.

AND THEN THE SECOND, IF YOU COULD PUT THE SCHEMA BACK UP THERE, UM, IS THIS A SECOND WATER DETENTION, UM, AREA, OR IS THIS CONNECTED TO THE EXISTING ONE? UM, THIS IS, THIS IS A NEW DETENTION AREA.

OKAY.

AND TO YOUR QUESTION ABOUT THE LANDOWNER, WHAT WE UNDERSTAND IS HE WAS SEEKING HIS OWN APPRAISALS.

WE'VE COMPLETED TWO INDEPENDENT APPRAISALS AND PROVIDED THOSE TO HIM ALONG WITH THE FINAL OFFER FOR THE PROPERTY.

WE UNDERSTAND HE WAS SEEKING A, HIS OWN INDEPENDENT APPRAISAL AND HAD NOT RECEIVED THAT BY OUR DEADLINE.

WE HAD GRANTED HIM AN EXTENSION, UH, PREVIOUSLY, UM, BUT, UH, BUT DID NOT OFFER TO EXTEND THAT DEADLINE AGAIN BEYOND, UH, LAST FRIDAY.

RIGHT.

THANKS VERY MUCH.

THANK YOU ANY FURTHER, UM, BOOM, BECAUSE, UH, CAN YOU JUST REMIND US IN THE PUBLIC, THE, THE DOLLAR AMOUNT? I'M NOT SURE IF, UH, AT THIS POINT IT'S NOT PUBLIC, I'M NOT SURE THAT THE OWNER WOULD WANT US TO DISCLOSE THAT THAT'S FINE.

I REALIZED THAT AFTER I ASKED WITH REAL ESTATE, WE'RE NOT GOING TO MAKE THAT WE CAN'T MAKE THAT PUBLIC AT THIS POINT, BUT, UM, CAN YOU SPEAK TO THE SOURCE OF FUNDING THAT WE CAN USE? YES.

THIS IS INCLUDED IN THE CAPITAL BUDGET FOR THE PROJECT ITSELF.

SO IT'S PART OF OUR FIVE-YEAR CAPITAL IMPROVEMENT PLAN.

IT WAS INCLUDED IN THAT RIGHT IN THE ADDITIONAL QUESTIONS.

OKAY.

HEARING NONE.

I WILL.

ANY ADDITIONAL QUESTIONS I'LL ASK YOU THREE TIMES AND THE ADDITIONAL QUESTIONS, UH, HEARING NONE.

UH, THANK YOU, KEN.

UH, WE WILL NOW TAKE PUBLIC COMMENT ON THIS TOPIC.

I UNDERSTAND THAT WE HAVE ONE SPEAKER WHO HAS SIGNED UP BEFORE THE MEETING.

UH, MS. JOSEPH, ARE YOU ON THE LINE? MS. JOSEPH, MS. JOSEPH, ARE YOU WITH US? YES.

MR. EASTON? YES, I, UH, YOU HAVE THREE MINUTES, PLEASE PROCEED.

THANK YOU, MR. CHAIR, BOARD MEMBERS ON ZENOBIA JOSEPH.

I JUST WANTED TO MAKE A FEW COMMENTS AS IT RELATES TO THE MCCALLA LAND ACQUISITION SPECIFICALLY.

I JUST WANT TO CALL TO YOUR ATTENTION.

ALTHOUGH MR. CARTWRIGHT MENTIONED AFFORDABLE HOUSING.

MY PRIMARY CONCERN IS THAT THE METRO RAIL LINES ARE NOT CATERING TO TRANSIT DEPENDENT WRITERS.

AND EVEN THOUGH IT SPECIFIES FEE INTEREST IN LAND, WHICH SPECIFICALLY MEANS AN INTEREST IN LAND LAND OWNED IN FEE SIMPLE IS OWN COMPLETELY WITHOUT RESTRICTIONS OR CONDITIONS.

I JUST WANT TO CALL TO YOUR ATTENTION JUST LAST THURSDAY, CAPITAL METRO OWNS PLAZA SELL PO AND THE DEVELOPER HAS REQUESTED A FEE IN LIEU OF BUILDING AFFORDABLE HOUSING.

FEBRUARY 17TH, 2020 KV DID AN ARTICLE AS WELL.

AND THE DEVELOPERS THAT THE DOMAIN PAID FOR FEET OF AFFORDABLE HOUSING THERE AND ALSO DOWNTOWN.

SO WHILE I APPRECIATE THAT HE MENTIONED AFFORDABLE HOUSING.

I WOULD JUST CALL TO YOUR ATTENTION SPECIFICALLY, JUNE 28TH, 2018.

I TESTIFIED AGAINST THE STADIUM BECAUSE THE MAYOR WANTED THE CITY MANAGER TO PUT AFFORDABLE HOUSING SOMEPLACE ELSE IN THE CITY.

SO IT APPEARS TO BE DISINGENUOUS TO SAY THAT AFFORDABLE HOUSING WILL BE A PART OF THIS PROJECT.

WHEN IN FACT

[00:10:01]

THERE'S BEEN A PATTERN OF 80% AREA MEDIAN INCOME ON THE ORANGE LINE AND THE BLUE LINE SPECIFICALLY IN HIGH PARK, THE CITY ENDED UP PUTTING A $3.7 MILLION DETENTION UPON WHERE AFFORDABLE HOUSING WOULD HAVE BEEN AT THE BAKER SCHOOL.

AND THEY REZONED THE BLUE LINE, WHICH WOULD HAVE BEEN AFFORDABLE HOUSING.

AND AS YOU KNOW, NINE MONTHS LATER AFTER THE OCTOBER 17TH, 2019 VOTE PRESIDIUM AS FOR AFFORDABLE HOUSING FOR 80 TO 120% AREA MEDIAN INCOME, AFRICAN-AMERICANS EARN ABOUT $42,000.

HISPANICS EARNED ABOUT $50,000, ACCORDING TO THE ECONOMIC DEVELOPMENT, 2020 REPORT BY THE CITY.

SO I REALLY HAVE SOME CONCERNS.

MY OTHER CONCERN IS THAT ROUTE 3 92 WAS SHORT LINE THAT BREAKER IN VERNON TO CATER TO THE WHITE WRITERS AT KRAMER STATION.

I WOULD ASK ONCE AGAIN, THAT THE 3 92, YOU RESTORED TO THE ARBORETUM AND JUST WOULD CALL TO YOUR ATTENTION THAT IF YOU WANT THE COMMUNITY SUPPORT, THEN IT WOULD BE ADVANTAGEOUS FOR YOU TO ACTUALLY SHOW THE FIXED ROUTE 3 92, 2 43, AND TO DO THE RIGHT THING UNDER TITLE SIX OF THE CIVIL RIGHTS ACT OF 1964 AND IMPLEMENT THE LEAST DISCRIMINATORY ALTERNATIVE.

SO THAT AFRICAN-AMERICANS AND HISPANICS WHO ARE LOW INCOME CAN ACTUALLY ENJOY PROJECT CONNECT.

UM, MY TIME IS UP.

IF YOU HAVE ANY QUESTIONS, I'LL GLADLY ANSWER THEM AT THIS TIME.

OKAY.

ANY QUESTIONS? OKAY.

HEARING NONE.

IS THERE ANYONE ELSE IN THE ROOM, UH, THAT WOULD LIKE TO PROVIDE COMMENT TODAY? IS THERE ANYONE ELSE IN THE ROOM THAT WOULD LIKE TO PROVIDE COMMENT? I'LL ASK A THIRD TIME.

ANYONE ELSE THAT WOULD LIKE TO PROVIDE COMMENT? IF NOT, WE WILL CLOSE TODAY'S PUBLIC HEARING AND STAND ADJOURNED.

THE TIME IS 1145.

UH, WE WILL BEGIN OUR FULL BOARD MEETING AT NOON AND WE WILL BREAK UNTIL THAT TIME.

THANK YOU.