* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:03] GOOD [Call to Order] MORNING EVERYBODY. IT'S 10:00 AM ON AUGUST 29TH, 2024. UH, I WILL CALL TO ORDER THE AUSTIN CITY COUNCIL MEETING FOR THIS REGULARLY SCHEDULED MEETING OF THE AUSTIN CITY COUNCIL. WE ARE MEETING IN THE CITY COUNCIL CHAMBERS, WHICH ARE LOCATED IN CITY HALL AT 3 0 1 WEST SECOND STREET IN AUSTIN, TEXAS. UM, THE ORDER OF THE DAY, WE HAVE, AND BY THE WAY, WE HAVE A QUORUM OF THE AUSTIN CITY COUNCIL PRESENT. UH, WHAT I WILL DO TODAY IS, UH, START BY READING CHANGES AND CORRECTIONS INTO THE RECORDS INTO THE RECORD. UH, AND THEN I'LL REVIEW SPECIFICALLY THE ORDER OF THE DAY. ON ITEM NUMBER FIVE, THERE'S A REFERENCE TO FISCAL YEAR 20 23, 20 24 THAT SHOULD BE DELETED AND REPLACED WITH 2024. 2025. ITEM NUMBER 97 IS WITHDRAWN AND REPLACED BY ADDENDUM. ITEM NUMBER TWO 13 ITEM 100, WITHDRAWN, REPLACED BY ADDENDUM. ITEM NUMBER 20, UH, TWO 14. ITEM 1 0 5, UH, SHOULD READ SMORE, REINHARD, LLP FOR SERVICES RELATED TO SAMANTHA, AND THE NAME IS, WAS MISSPELLED IN THE ORIGINAL POSTING. IT SHOULD SO DELETE THE LAST NAME AND REPLACE IT WITH L-I-E-D-T-K, EKE, L-I-E-D-T-K-E. ITEMS 1 31 AND ONE 50 ARE WITHDRAWN. ITEMS 1 55, 1 56 AND 1 57 SHOULD READ WHEN PUBLIC HEARINGS ARE TAKEN UP, THESE ITEMS WILL BE WITHDRAWN. ITEM NUMBER 1 59 SHOULD READ WHEN PUBLIC HEARINGS, HEARINGS ARE TAKEN UP. THIS ITEM WILL BE POSTPONED TO OCTOBER 10TH, 2024. ITEM NUMBER 1 67. UH, THERE'S A REFERENCE TO THE NUMBER OF ACRES TO BE DISH ANNEXED RELATING TO THE DISH ANNEXATION OF APPROXIMATELY DELETE 7 38 AND REPLACE IT WITH 6 57 ACRES. DELETE 7 38 AND REPLACE IT WITH 6 57. ITEM NUMBER 1 67 SHOULD READ WHEN PUBLIC HEARINGS ARE TAKEN UP. THIS ITEM WILL BE POSTPONED TO SEPTEMBER 26TH, 2024 ON BOARDS AND COMMISSIONS. ACTION ITEMS, NUMBER THREE AND NUMBER FOUR SHOULD READ AUGUST 20TH, 2024, RECOMMENDED BY THE RESOURCE MANAGEMENT COMMISSION ON AN EIGHT TO ZERO VOTE WITH CHAIR STONE AND COMMISSIONER LUKI ABSENT AND ONE VACANCY. THOSE ARE ALL THE CHANGES TO CORRECTIONS THAT NEED TO BE READ INTO THE RECORD. WHAT WE WILL DO TO IS WE WILL AT 10 O'CLOCK, OBVIOUSLY, NOW THAT WE'VE BEEN CALLED TO ORDER, WE WILL GO TO OUR, UH, CONSENT AGENDA. WE WILL HEAR FROM SPEAKERS [Public Comment] MEMBERS. WE WILL, UH, WHEN I, WHEN WE START HEARING FROM, UH, PUBLIC COMMENT BEFORE WE BEGIN, I'M GOING TO ASK THE LAW DEPARTMENT TO COME UP AND SPEAK ABOUT A COUPLE OF ITEMS THAT ARE ON THE CONSENT AGENDA AS NEAR TO 10 30 AS WE CAN, BUT IT MAY NOT BE, UH, THAT CLOSE, DEPENDING UPON HOW MANY SPEAKERS WE HAVE. DURING THE CONSENT AGENDA ITEMS, UH, WE WILL TAKE UP THE AUSTIN HOUSING FINANCE CORPORATION MEETING. WE HAVE ONE ITEM THAT'S CURRENTLY BEEN PULLED FROM THE CONSENT AGENDA, AND THAT IS ITEM NUMBER 1 0 5 ON NON. WE WILL TAKE UP NON-CONSENT ITEMS, FIRST WITH ITEMS FROM COUNSEL AND THEN THE IMMINENT DOMAIN ITEMS. WE WILL THEN GO TO PUBLIC HEARINGS. WE HAVE A NUMBER OF PUBLIC HEARINGS, AND I'VE, UH, WE'RE JUST GONNA GO IN THE ORDER THAT THEY'RE NUMBERED. UNLESS SOMETHING UH, HAPPENS THAT I'M NOT AWARE OF RIGHT NOW, WE WILL TAKE THEM UP IN THE ORDER OF THEIR NUMBERS ON THE AGENDA, AND THAT HAPPENS TO WORK OUT BASED UPON THE NUMBER OF PEOPLE THAT HAVE SIGNED UP TO SPEAK ON THOSE ITEMS, AT LEAST AS OF LATE YESTERDAY. WE WILL, UH, OF COURSE AT NOON, WE WILL HAVE OUR NOON TIME CERTAIN OF PUBLIC PUBLIC COMMUNICATION. WE WILL RECESS FOR A BRIEF PERIOD OF TIME FOR OUR LIVE MUSIC. IF WE, IF WE HAVE FINISHED WITH THE BUSINESS OF OF THE MORNING, WE WILL, WE WILL PROBABLY GO INTO EXECUTIVE SESSION ON ITEM NUMBER 1 0 5 AT THAT POINT IN TIME, THAT'S THE ITEM THAT I JUST INDICATED WAS PULLED FROM THE CONSENT AGENDA. IF WE HAVEN'T FINISHED, WE WILL COME BACK AND TAKE UP THOSE ITEMS, UM, AFTER LIVE MU OR KEEP WORKING ON THOSE AFTER, UH, THE LIVE MUSIC AT TWO O'CLOCK. WE WILL HAVE OUR TIME CERTAIN OF ZONING, AND WE WILL GET TO THOSE AS SOON AS WE CAN, UH, AND AS CLOSE TO TWO O'CLOCK AS WE CAN. SO THAT'S THE, THE REGULAR ORDER OF BUSINESS FOR THE DAY. WITH THAT BEING SAID, WE WILL NOW GO TO THE SPEAKERS ON THE CONSENT AGENDA, AND MY FIRST REQUEST IS TO HAVE LEGAL [00:05:01] COME FORWARD TO, UH, SPEAK TO US ABOUT A COUPLE OF ITEMS ON THE CONSENT AGENDA. THANK YOU, MAYOR. I'M HERE TODAY TO RECOMMEND THAT YOU APPROVE A PAYMENT OF $150,000 TO SETTLE THE JICA VOLTER JONES VERSUS CITY OF AUSTIN AT ALL LAWSUIT. THIS LAWSUIT ARISES OUT OF THE MAY, 2020 PROTEST INVOLVING A PD. MR. VOLTER JONES SEEKS PAYMENT FOR HIS INJURY STEMMING FROM HIS ATTENDANCE AT THE PROTEST. IN EXCHANGE FOR THIS PAYMENT, PLAINTIFF WILL RELEASE ALL CLAIMS AGAINST THE CITY AND THE OFFICERS FROM ANY AND ALL CLAIMS RISING OUT OF THE MAY 30TH, 2020 INCIDENT. PLAINTIFF WILL ALSO DISMISS WITH PRE PREJUDICE THE LAWSUIT FILED IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS. THANK YOU. COUNCIL MEMBERS, DO YOU HAVE ANY QUESTIONS OF LEGAL? THANK YOU. THANK YOU, MAYOR. UM, ITEM 1 0 6, I'M HERE TODAY TO RECOMMEND THAT YOU APPROVE THE PAYMENT OF $1.95 MILLION TO SETTLE THE ALYSSA SANDERS VERSUS CITY OF AUSTIN AT ALL LAWSUIT. THIS LAWSUIT IS RELATED TO THE 20 MAY, 2020 PROTEST INVOLVING A PD. MS. SANDERS SEEKS PAYMENT FOR HER INJURY STEMMING FROM HER IN HER ATTENDANCE AT THE PROTEST. IN EXCHANGE FOR THIS PAYMENT, THE PLAINTIFF RELEASE RELEASE, ALL CLAIMS AGAINST THE CITY AND ANY OFFICERS FROM ANY AND ALL CLAIMS ARISING OUT OF THE MAY 31ST, 2020 INCIDENT. PLAINTIFF WILL ALSO DISMISS WITH PREJUDICE THE LAWSUIT FILED IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS. THANK YOU, COUNCIL MEMBERS. ANY QUESTIONS OF COUNSEL? THANK YOU VERY MUCH. NOW WE'LL GO TO THE SPEAKERS ON THE CONSENT AGENDA. UH, I ANTICIPATE THAT OUR CLERK WILL TELL US THAT WE'RE GOING TO START WITH THE REMOTE SPEAKERS, BUT LET ME NO. OKAY. WELL, I WE CAN ALWAYS LIVE IN ANTICIPATION, RIGHT? BUT YEAH. UM, SO WITH THAT BEING THE CASE, UH, LET ME, UH, CERTAINLY SAY THEN WHAT I WAS GOING TO SAY, WHICH IS IN ORDER TO BE RESPECTFUL OF THE PEOPLE WHO ARE SPEAKING AFTER YOU, UH, AND MAY BE HERE LATER THAN YOU, AND, AND WE HAVE A NUMBER OF PEOPLE THAT HAVE SIGNED UP TO SPEAK ON A WHOLE LOT OF ITEMS THAT ARE ON THE AGENDA. SO, OUT OF RESPECT FOR FOLKS, IF YOU HEAR YOUR NAME CALLED, PLEASE DON'T JUST SIT IN YOUR SEAT, PLEASE GET UP, COME FORWARD AND MAKE YOUR WAY TO THE FRONT. UH, TAKE A SEAT HERE IN THE FRONT, AND IF YOU SEE AN OPEN MICROPHONE, GO AHEAD. EVEN IF SOMEBODY'S NAME WAS CALLED BEFORE YOU GO AHEAD AND TAKE THE MICROPHONE, IDENTIFY YOURSELF FOR THE RECORD, AND PLEASE BEGIN SPEAKING. WE WANT TO HEAR FROM YOU, BUT FOR EFFICIENCY PURPOSES, IF YOU COULD JUST MAKE YOUR WAY FORWARD, WE WOULD APPRECIATE THAT. SO WITH THAT, I'LL TURN IT OVER TO OUR CITY CLERK TO HELP US NAVIGATE THIS PROCESS. WE WILL BEGIN WITH IN-PERSON, SPEAKERS. UM, FIRST WE HAVE CARLOS LEON ON ITEM 1 0 8, FOLLOWED BY WILLIAM BUNCH, ZENOBIA JOSEPH AND SHERRY TAYLOR. IF YOUR NAME HAS BEEN CALLED, PLEASE COME FORWARD. OKAY, WILLIAM BUNCH. ITEMS 5 18, 24, 26, 27, 29, 30, 54, 76, AND 111. MR. BUNCH, ARE YOU PRESENT, MR. BUNCH ALL? PLEASE GO TO THE NEXT SPEAKER. NEXT WE HAVE SHERRY OR ZIA JOSEPH AT M 40 91, 1 0 2, 1 0 3, 1 10, 1 0 4, OR I'M SORRY, 1 42 WITH SHERRY TAYLOR ON DECK. MS. JOSEPH. OH, OKAY, MS. JOSEPH. ALRIGHT, MS. TAYLOR. MS. TAYLOR, PLEASE GO TO THE NEXT FEW SPEAKERS. NEXT WE HAVE ALEXANDER STRINGER ON ITEMS 1 0 1, 1 34 1 42, WITH KATHY MITCHELL AND CHRIS HARRIS ON DECK. GOOD MORNING, MAYOR AND COUNCIL. I'M HERE SPEAKING IN SUPPORT OF ITEMS NUMBER 1 0 1, 1 34, AND 1 42. BECAUSE WE ARE IN AN AFFORDABILITY CRISIS, PEOPLE ARE STRUGGLING TO PUT FOOD IN THEIR MOUTHS BECAUSE GREEDY CORPORATIONS, THEY CHARGE TOO MUCH AT THE GROCERY STORE. AND BILLIONAIRES REFUSE TO PAY THEIR FAIR SHARE OF TAXES. AND THAT IS WHY IT'S IMPERATIVE THAT WE BUILD AS MANY AFFORDABLE HOUSING UNITS AS HUMANLY POSSIBLE. AND IT IS ALSO WHY WE NEED AN ALL HANDS ON DECK APPROACH TO ELECT KAMALA HARRIS AS THE FIRST AFRICAN-AMERICAN FEMALE PRESIDENT IN UNITED STATES HISTORY. BECAUSE A 25% TAX ON UNREALIZED CAPITAL GAINS WILL MAKE THESE AFFORDABLE HOUSING [00:10:01] UNITS A NECESSITY BECAUSE NOBODY SHOULD BE ALLOWED TO OWN PRIVATE PROPERTY. OUR LAND WAS STOLEN FROM THE NATIVE AMERICANS, AND OWNING PRIVATE PROPERTY IS A SYMBOL OF WHITE SUPREMACY. JUST LOOK AT WHAT THESE BOURGEOIS PROPERTY OWNERS SAY ABOUT UNDOCUMENTED MIGRANTS. THESE MAGGOT CHDS, THEY WANT TO BUILD A BORDER WALL AND SUPPORT EVERY THESE MAGGOT, CHDS, SORRY, MY BLOOD IS BOILING. OKAY. THESE MAGGOT JUDDS, THEY WANT TO BUILD A BORDER WALL AND DEPORT EVERY SINGLE UNDOCUMENTED MIGRANT WHO CAME HERE ILLEGALLY. ALL RIGHT, LISTEN, KIRK, NO HUMAN IS ILLEGAL AND UNDOCUMENTED MIGRANTS, THEY DO MORE TO CULTURALLY ENRICH OUR COMMUNITIES THAN ANY GROUP IN HISTORY. OKAY? JUST LOOK AT THE THRIVING APARTMENT COMPLEX IN AURORA, COLORADO. RIGHT NOW, AMERICA IS A CESSPOOL OF HATE AND BIGOTRY. OUR GREAT NATION HAS BECOME A DEN OF WHITE SUPREMACY AND DONALD TRUMP'S EXTREMIST PROJECT 2025 AGENDA. IT IS GOING TO DESTROY OUR LIV, OUR CIVIL LIBERTIES AND PUT AN END TO OUR DEMOCRACY. DONALD TRUMP, MARK, MY WORDS, WILL SIGN A NATIONAL ABORTION BAN. EVEN THOUGH THE RIGHT TO GET AN ABORTION IS ENSHRINED IN OUR CONSTITUTION, NO MATTER HOW FAR ALONG A WOMAN IS IN HER PREGNANCY, MY SON IS NEURODIVERGENT. OKAY. AND DO YOU THINK, KIRK, THAT WE WOULD'VE BROUGHT HIM INTO THIS WORLD HAD WE KNOWN THAT HE WAS ON THE AUTISM SPECTRUM? , NOBODY HAS THE RIGHT TO SUFFER, AND YOU HAVE NO IDEA HOW DIFFICULT THIS IS FOR ME AS A PARENT. OKAY? WE'VE TRIED EVERYTHING. WE'VE TRIED ADDERALL, WE'VE TRIED HORMONE BLOCKERS. HONESTLY, THE ONLY THING LEFT TO TRY IS EUTHANASIA. I AM GONNA CLOSE WITH THIS. ABORTION IS A HUMAN RIGHT, AND I WANT TO THANK ALL OF YOU GUYS SO MUCH FOR SPEAKING ABOUT WHAT IS TRULY IMPORTANT IN AUSTIN. THANK YOU. NEXT WE HAVE KATHY MITCHELL ON ITEMS 1 0 5, 1 34 AND 1 43. GETTING NINE MINUTES WITH CHRIS HARRIS ON DECK AND ALICIA CASTILLO ON DECK. IF YOUR NAME'S BEEN CALLED, PLEASE COME FORWARD SO THAT YOU'LL BE PREPARED. THAT'S OKAY. OKAY. THANK YOU ALL. I WANNA START BY THANKING COUNCIL MEMBERS, FUENTES, VELA, VELAZQUEZ, HARPER, MADISON, AND CADRE FOR ITEMS, UH, 1 43 AND 1 34. THEY ARE INCREDIBLY IMPORTANT AND TIMELY. UM, I THINK YOU ALL UNDERSTAND THAT COUNCIL AT FIRST APPEARANCE FINALLY IN TRAVIS COUNTY IMPLEMENTS A BASIC CONSTITUTIONAL RIGHT AND I DON'T NEED TO ADD TO YOUR ABLE ARTICULATION OF THE REASONS WHY SENATE BILL FOUR WAS AND IS A STAIN ON TEXAS. SO I WOULD LIKE TO STEP BACK AND SPEAK TO ITEMS 1 0 5, 1 34 AND 1 43, AND HOW THEY'RE VERY MUCH TIED TOGETHER FOR ME. UH, OUR WORLD IS IN A MULTI-GENERATIONAL PROJECT OF LEARNING HOW TO SHARE THIS EARTH WITH ONE ANOTHER RATHER THAN KILLING ONE ANOTHER IN ORDER TO ESTABLISH ONE EXCLUSIVE GROUP OR ANOTHER ON PRECIOUS SECTIONS OF LAND. SOMETIMES, SOME DAYS, AND IN SOME PARTS OF THE WORLD, SOME HUMANS ARE VERY MUCH STUCK IN A WARRIOR MENTALITY. HERE IN AMERICA, WE HAVE MOVED THE NEEDLE A LITTLE BIT. THAT IS WHY THE TERM CRIMINAL TRESPASS HAS BECOME SO FRAUGHT. WHAT IS CRIMINAL TRESPASS? WELL, IT'S BASICALLY A PERSON BEING ON SOMEONE ELSE'S PIECE OF THE EARTH WITHOUT THEIR PERMISSION. UNLESS YOU ARE COMANCHE OR KOWA. IF YOU NOW LIVE IN CENTRAL TEXAS, IT IS LIKELY THAT SOMEWHERE IN YOUR FAMILY HISTORY, THERE'S A PERSON WHO COMMITTED CRIMINAL TRESPASS. JUST 150 YEARS AGO, SOMEONE MIGHT HAVE PULLED OUT A GUN AND FINALLY ESTABLISHED THEIR CONTROL OVER A PIECE OF LAND THAT WAY. TODAY WE EXPECT POLICE TO DO THAT FOR US, AND POLICE ARE AT THE FRONT END, FRONT LINE OF OUR MIGRATION AWAY FROM KILLING ONE ANOTHER OVER PROPERTY, AND INSTEAD FINDING A WAY TO SHARE THIS EARTH MAKING CRIMINAL TRESPASS A CRIME. AND I WILL JUST MENTION THAT [00:15:01] IN AUSTIN, THIS IS AN ISSUE FOR MIGRANTS, AND IT'S ALSO AN ISSUE FOR OUR UNHOUSED, MAKING IT A CRIME AND THEREFORE SOMETHING YOU COULD BE ARRESTED FOR AND PUT INTO A JAIL CELL, HAS BEEN SO FRAUGHT WITH COMPLEXITY THAT THE CRIMINAL TRESPASS SECTION OF THE PENAL CODE HAS BEEN AMENDED ALMOST EVERY SESSION SINCE 1973. TODAY, THIS CRIME IS AT THE CENTER OF OUR DEBATES ABOUT OUR UNHOUSED NEIGHBORS, AND IT HAS BECOME THE CENTERPIECE OF WHAT MADE SENATE BILL FOUR SO AGGRESSIVE AND SO DIFFERENT. SENATE BILL FOUR ACKNOWLEDGES IMPLICITLY THAT REALLY, HERE WE'RE NOT TALKING ABOUT VIOLENT CRIMINALS COMING ACROSS THE BORDER. WE'RE TALKING ABOUT REGULAR FOLKS COMING ACROSS THE BORDER, AND WE NEED TO FIND A WAY TO BE ABLE TO ARREST THEM. THAT MOVE WAS SO BIG AND FLEW IN THE FACE OF SO MUCH OF OUR CULTURAL MOMENTUM THAT'S BEEN IN THE DIRECTION OF FINDING A WAY FOR EVERYBODY TO LIVE TOGETHER, THAT IT HAS PUT POLICE IN THE CROSSHAIRS. THIS CITY FOR SEVERAL YEARS NOW, HAS BEEN TRYING TO TRAIN POLICE TO MIGRATE FROM A WARRIOR TRAINING AND A MILITARIZED TRAINING TO A GUARDIAN TRAINING. WHAT DOES THAT MEAN? THAT MEANS THAT POLICE ARE BEING PLACED IN THE POSITION OF MOVING THE BALL TOWARDS THE WORLD WE'RE TRYING TO LIVE IN, WHERE WE CAN ALL FIND A WAY TO SHARE THIS EARTH TOGETHER. HAS THAT BEEN HARD FOR THEM? YES, IT HAS. DO WE NEED TO CONTINUE TO MOVE IN THAT DIRECTION AS LONG AS WE PLACE THEM IN THAT POSITION? YES, WE DO. AND THAT IS WHY SAM DYKE'S CASE IS SO IMPORTANT AS A YOUNG POLICE OFFICER, SHE WAS ON THE FRONT LINE OF SEEING THAT CULTURE CLASH IN THE ACADEMY AND IN THE POLICE FORCE ITSELF. AND SHE HAS COME FORWARD AND SAID, WE NEED TO DO BETTER, AND WE NEED TO DO BETTER FASTER, BECAUSE THE PEOPLE WHO ARE SUFFERING ARE NOT JUST THOSE WHO ARE BEING MOVED AGAINST THEIR WILL OFF A PIECE OF LAND THAT WE SHOULD LEARN HOW TO SHARE. IT'S ALSO THE OFFICERS THEMSELVES. SO I'M HERE TO SAY THAT YOU SHOULD POSTPONE 1 0 5. YOU SHOULD LISTEN TO SAM AND THINK ABOUT WHAT IT IS WE'RE ASKING POLICE TO DO, BECAUSE IT'S VERY MUCH IN LINE WITH WHAT YOU'RE DOING ABOUT SENATE BILL BEFORE AND WHAT YOU'RE DOING, GIVING THOSE UNHOUSED NEIGHBORS RIGHTS WHEN THEY HAVE THEIR FIRST APPEARANCE IN COURT. AND SO THESE ARE TIED TOGETHER. THIS IS PART OF A CULTURE SHIFT THAT WE NEED TO MAKE, AND IT'S IMPORTANT FOR BOTH OUR POLICE OFFICERS AND FOR ALL OF OUR RESIDENTS THAT WE CONTINUE TO WALK DOWN THIS ROAD. THANK YOU. CHRIS HARRIS, ALICIA CASTILLO, ALICIA CASTILLO ON ITEMS 1 0 5, 1 34 AND 1 43 WITH CARLOS LEON AND DECK. GOOD MORNING. THANK YOU SO MUCH, UM, FOR HAVING US COUNCIL MEMBERS, AND THANK YOU TO THE COUNCIL MEMBERS WHO SPONSORED ITEMS, UM, 1 34 AND 1 43 TODAY. WE ARE SO PLEASED TO, TO BE HERE TO SPEAK IN FAVOR OF THOSE. AND, UM, MY NAME IS ALICIA CASTILLO. I'M HERE REPRESENTING THE TEXAS CIVIL RIGHTS, UH, PROJECT. I'M OUR ASSOCIATE DIRECTOR OF POLICY. UM, AND WE HAVE BEEN, UH, SORT OF ON THE FRONT LINES OF THIS FIGHT AGAINST US BEFORE FOR, UM, SINCE ITS INCEPTION. AND, UM, I CAN'T TELL YOU HOW ENCOURAGING IT IS TO, UM, SEE, UM, SOMETHING LIKE THIS COME, COME FORWARD FROM OUR CITY. UM, I THINK IT, UH, SPEAKS TO, UM, WHO WE ARE AND, UM, I'M JUST GRATEFUL THAT WE CAN SIGNAL TO THE PEOPLE OF AUSTIN THAT WE ARE STANDING AGAINST HATE, UM, AND FOR, UH, TRUE PUBLIC SAFETY. SO, UM, THANK YOU SO MUCH FOR THAT VANESSA, UM, COUNCIL MEMBER ENTENTES AND HARPER MADISON, AND, UM, COUNCIL MEMBER VELA, COUNCIL MEMBER VELASQUEZ AND COUNCIL MEMBER ZOE KARI FOR THAT. UM, I ALSO WANTED TO SPEAK JUST BRIEFLY TO, TO CA. SO I'VE BEEN HONORED TO BE AMONG SOME OF THE ADVOCATES WORKING TIRELESSLY FOR THE PAST. UM, MANY MONTHS ON TRYING TO ESTABLISH PERMANENT FULL-TIME, CA AT THE COUNTY ACCOUNT COUNCIL AT FIRST APPEARANCE. AND, UM, THROUGHOUT THESE CONVERSATIONS WITH THE COUNTY AND, AND, AND MANY THANKS TO THE COUNTY FOR BEING SO OPEN [00:20:01] AND, AND WILLING TO ENGAGE THE COMMUNITY IN THIS CONVERSATION, UM, I, YOU KNOW, IT'S COME TO MY ATTENTION THAT ANY OF THESE SOCIAL ISSUES IS NEVER JUST LIKE ONE ISSUE THAT WE CAN JUST SOLVE WITH ONE, YOU KNOW, FLIP OF A SWITCH. EVERYTHING IS CONNECTED WHEN IT COMES TO MAKING SURE THAT, UM, WE PROVIDE PEOPLE ALL THE OPPORTUNITIES THEY CAN POSSIBLY GET TO THRIVE AND BE SUCCESSFUL IN THEIR COMMUNITIES. AND ONE OF THE THINGS THAT'S REALLY STOOD OUT TO ME IN SEEING THE COUNTY STRESS AND WORK SO HARD OVER THIS ISSUE IS THAT THERE'S A LOT ON THE CITY SIDE THAT HASN'T BEEN DONE TO HELP EASE THE BURDEN ON THE COUNTY. SO REALLY GRATEFUL THAT THIS IS, THIS IS UP AND THAT THE CITY IS, UM, KIND OF RECOMMITTING TO THEIR, UM, WORK ON, ON OUR PART, THE CITY'S PART ON MAKING KAFA SUCCESSFUL. UM, AND ONE OF THE THINGS THAT I WOULD JUST SUGGEST AS WE CONTINUE TO LOOK THROUGH ALL THE WAYS THAT WE CAN MAKE KAFA SUCCESSFUL IS, UM, THE CITY'S ROLE IN INFLUENCING THE POLICE DEPARTMENT ON REDUCING THIS BURDEN ON THE COUNTY. WHAT WOULD IT LOOK LIKE FOR US TO, AND, YOU KNOW, WE'RE, WE'RE STRUGGLING TO PROVIDE ENOUGH, UM, ATTORNEYS TO STAND IN COUNSEL AT FIRST APPEARANCE, RIGHT? LIKE, THAT'S ONE OF THE MAIN ISSUES. BUT WHAT IF THERE WERE FEWER PEOPLE WHO HAD TO STAND IN FRONT OF THE MAGISTRATE? UM, AND THAT LIES WITH THE POLICE DEPARTMENT. AND SO THAT'S ONE WAY THAT THE CITY CAN INFLUENCE BY MAKING SURE THAT FEWER PEOPLE EVEN EVER HAVE TO STAND IN FRONT OF A MAGISTRATE THAT REALLY DON'T NEED TO BE THERE AT ALL. UM, AND THAT, AND THAT BRINGS ME SPEAKING OF THE POLICE DEPARTMENT TO ITEM 1 0 5, SAM LIT'S CASE. I'M NOT SURE I, I THINK MANY OF YOU HAVE GOTTEN THE OPPORTUNITY TO MEET SAM LIPKEY. I HAVE AN, UM, SHE IS AN INCREDIBLE PERSON. I THINK WHEN FOLKS TALK ABOUT THE POLICE, THIS IS WHO THEY HOPE, UM, IS A, A POLICE OFFICER, THE POLICE OFFICER THAT SHOWS UP TO THEIR CRISIS. UNFORTUNATELY, SHE WAS PUSHED OUT OF THE DEPARTMENT BECAUSE OF THE BRUTALITY AND THE TOXICITY OF THE AUSTIN POLICE DEPARTMENT. AND SHE HAS BOLDLY BRAVELY COME OUT ABOUT THE THINGS THAT HAVE HAPPENED TO HER. AND SO I'M SURE THAT FOR THOSE OF YOU WHO HAVEN'T MET HER AND HEARD DIRECTLY ABOUT IT, YOU'VE SEEN THE NEWS ARTICLES OUTLINING JUST SOME OF THE EGREGIOUS PRACTICES THAT SHE WITNESSED AND PUSHED AGAINST AND, UH, IN THE POLICE DEPARTMENT WAS ULTIMATELY RETALIATED AGAINST FOR. AND SO I THINK, UM, YOU ALL ALSO COVERED BY THE AUSTIN CHRONICLE YESTERDAY WAS THE LETTER THAT SHE AND HER ATTORNEY, UM, SENT TO THE CITY, UH, GIVING A VERY REASONABLE ASK TO JUST SETTLE THE CASE, UM, FOR, FOR THE AMOUNT THAT YOU WOULD OTHERWISE PAY, UM, THESE ATTORNEYS TO DEFEND THE CITY AGAINST HER. AND, UM, I WOULD JUST RECOMMEND THAT WE POSTPONE THAT ITEM, LISTEN TO SAM LIKE, LIKE KATHY BEFORE ME MENTIONED, AND, UM, REALLY TAKE INTO CONSIDERATION THESE INCREDIBLY GENEROUS OFFERS THAT SHE'S, SHE'S GIVEN TO THE CITY TO ACTUALLY MAKE IMPROVEMENTS. UM, I THINK IT'S SO INCREDIBLE WHEN WE SEE SOMEONE COME OUT OF TRAUMA AND COME OUT OF, UM, A PLACE WHERE THEY WERE HURT TO OFFER, UM, SOLUTIONS TO FIX IT. AND, UM, SO WOULD ENCOURAGE YOU ALL TO, UH, TAKE HER OFF ON THAT AND, AND POSTPONE THIS ITEM AND NOT SPEND ANY MORE OF OUR VALUABLE DOLLARS ON DEFENDING THE POLICE WHEN THEY'VE DONE WRONG. UM, SO THANK YOU AGAIN FOR ITEMS ONE, UH, 34 AND 1 43 AND, AND HOPE YOU SUPPORT THEM. AND POSTPONE ITEM 1 0 5. THANK YOU. THANK YOU CARLOS LEONE ON ITEMS ONE AND EIGHT TOTALING SIX MINUTES WITH MICHAEL FRANCIS AND DANIELLA SILVA AND DECK. IF YOUR NAME'S BEEN CALLED, PLEASE COME FORWARD. THANK YOU, SIR. SO, CARLOS LEON, FIRST AND FOREMOST, GRACIA FOR LETTING ME EXPOSE AND SOLVE A PROBLEM APPROVING THE JULY 18 MINUTES. AT THAT MEETING, YOU APPROVE THE MAY 30 MINUTES, WHICH INCLUDED ANY ILLEGAL PUBLIC SPEAKING RESTRICTION. MAYOR WATSON SAID, DURING ANY PUBLIC COMMENT PERIOD, THERE IS BEHAVIOR THAT WILL NOT BE PERMITTED. YOU MAY CRITICIZE A PUBLIC OFFICIAL, BUT YOU MAY NOT USE PERSONALLY DEROGATORY OR DISPARAGING REMARKS YET, IN ALVI TAM, THE US SUPREME COURT UNANIMOUSLY REJECTED THAT PRIVATE SPEECH VIEWPOINT DISCRIMINATION RESTRICTION AS FACIALLY UNCONSTITUTIONAL UNDER THE FIRST AMENDMENT'S FREE SPEECH CLAUSE, LIBERAL JUSTICES KENNEDY GINSBURG, SODA MAOR, AND KAGAN SAID WITH FEW NARROW EXCEPTIONS, A FUNDAMENTAL PRINCIPLE OF THE FIRST AMENDMENT IS THAT THE GOVERNMENT MAY NOT PUNISH OR SUPPRESS SPEECH BASED ON DISAPPROVAL OF THE IDEAS OR PERSPECTIVES. THE SPEECH CONVEYS THE TEST FOR VIEWPOINT DISCRIMINATION IS WHETHER WITHIN THE RELEVANT SUBJECT CATEGORY, THE GOVERNMENT HAS SINGLED OUT A SUBSET OF MESSAGES FOR DISFAVOR BASED ON THE VIEWS EXPRESSED WITHIN THE PUBLIC OFFICIAL CRITICISM CATEGORY. WATSON SINGLED OUT PERSONALLY DEROGATORY OR DISPARAGING REMARKS FOR DISFAVOR BASED [00:25:01] ON THOSE VIEWS EXPRESSED. HE CANNOT DO THAT BECAUSE SUCH VIEWPOINT DISCRIMINATION IS GOVERNMENT CENSORSHIP. THAT'S WHY YOUR PROCEDURES FOR AUSTIN CITY COUNCIL MEETING SECTION 1 1 3 RULES OF ORDER SAYS EACH PERSON AND COUNCIL MEMBER SHOULD NOT USE DISPARAGING OR ABUSIVE LANGUAGE, SHOULD NOT EXPRESS HIS BIAS AGAINST THAT LANGUAGE, BUT LAWFULLY PERMITS IT WITHOUT PENALTY, WILL NOT CROSSES THE LEGAL LINE, ESPECIALLY IF YOU SILENCE AND OR BAN A SPEAKER USING SUCH CONSTITUTIONALLY PROTECTED SPEECH THAT IS NOT INCITING AN IMMEDIATE BREACH OF THE PEACE DEFINED BY TEXAS PENAL CODE 42.01 A ONE TWO, OR FOUR. OUR FIRST AMENDMENT SPEAKING RIGHTS MUST BE SAFEGUARDED HERE AND ITS CITY BOARDS AND COMMISSION MEETINGS AND HEARINGS, ALL LIMITED PUBLIC FORUMS TO NOT CHILL FREE SPEECH TO MAXIMIZE PUBLIC PARTICIPATION IN GOVERNMENT. PROTECTED BY THE TEXAS CITIZENS PARTICIPATION ACT. AT LAST WEEK'S SURPRISE, ARIZONA CITY COUNCIL MEETING MAYOR SKIP HALL CITED AN UNCONSTITUTIONAL COUNCIL RULE TO UNLAWFULLY ARREST AND REMOVE SPEAKER REBECCA MASSEY FOR LAWFULLY CRITICIZING THEIR CITY ATTORNEY'S FUNDING, THEN TRESPASS HER TO BLOCK HER FROM RETURNING HERE. THE TEXAS OPEN MEETINGS ACT PREVENTS RESTRICTING PHYSICAL ACCESS. THEIR SURPRISE POLICE SAID MASSEY WOULD BE CHARGED WITH RESISTING ARREST AND OBSTRUCTING GOVERNMENTAL OPERATIONS. THOUGH THE ARREST SHOULD NOT HAVE HAPPENED AND MAYOR HALL DID THE OBSTRUCTING HERE. MAYOR WATSON DID NOT REPEAT THAT RESTRICTION. JULY 18, CORRECTING HIMSELF TO AVOID LEGAL BLOWBACK AND PUBLIC RAGE COMING FROM MAYOR HALL AND THEIR CITY COUNCIL. HOWEVER, WRONGLY PUNISHING FREE SPEECH IS RELATED TO ITEM 1 0 8 RENAMING NORTH VILLAGE LIBRARY. THE JOHN GILLUM LIBRARY GILLUM SPENT 40 YEARS BUILDING AND MAINTAINING AUSTIN LIBRARY FACILITIES, INCLUDING NEW CENTRAL LIBRARY OUTSIDE ITS THIRD AND FOURTH FLOOR WINDOWS IS LADY BIRD JOHNSON'S QUOTE, PERHAPS NO PLACE IN ANY COMMUNITY IS SO TOTALLY DEMOCRATIC AS THE TOWN LIBRARY. THE ONLY ENTRANCE REQUIREMENT IS INTEREST. YET A PL DIRECTOR ROOSEVELT WEEKS HAS MADE A LIAR OUT OF LADY BIRD AND DISPARAGED GILLUM'S LIFE WORK BY ILLEGALLY AND PERMANENTLY BANNING ME FROM ALL A PL PROPERTIES, ALLEGEDLY BECAUSE I AM A CHRISTIAN CONSERVATIVE MAGA DEPLORABLE WHO LAWFULLY COMMUNICATED PRESIDENT TRUMP ON THE 2020 ELECTION. BECAUSE I ALREADY SPOKE TO YOU ABOUT THIS MAY 30TH AGAINST ITEM 77 AND GAVE BACKUP DETAILS TO YOU IN THE CLERK IN WRITING, I NOW SHARE NEW EVIDENCE SHOWING A PL ALLEGEDLY NOT COMPLYING WITH YOUR LAW DEPARTMENT'S PUBLIC INFORMATION REQUEST TEAM. ANOTHER CRIME UNDER WEEKS. MY PIR FOR ALL A PL COMMUNICATION ABOUT THE MAY NINE AND MAY 13 INCIDENTS GENERATED NOTHING IN RETURN, BUT QUOTE, A PL DOES NOT HAVE ANY RESPONSIVE INFORMATION. END QUOTE, CONTRADICTING THEIR OWN WRITTEN AND VERBAL TESTIMONY TO COVER UP THEIR ALLEGED CRIMINALITY AND DIS COMMISSION DISINFORMATION CAMPAIGN AGAINST ME. THE MAY 13 CTN AT HOUSING BRANCH SAID, I HARASSED AND THREATENED STAFF THOUGH HOUSING STAFF ADMITTED TO A PD. I DID NOT DO THAT TO THEM. THEY CLAIMED TO FEEL UNSAFE AROUND ME BECAUSE THAT BEHAVIOR WAS FALSELY ALLEGED AGAINST ME, MAY NINE AT OLD QUARRY BRANCH. THEREFORE, THERE HAD TO BE RELATED A PL COMMUNICATION BETWEEN THEM, BETWEEN MAY NINE AND MAY 13, BECAUSE THE TWO DIFFERENT BRANCHES ARE SEVERAL MILES APART WITH TWO TOTALLY DIFFERENT STAFFS. ACCORDING TO ATTORNEY GENERAL PAXTON FAILING OR REFUSING TO GIVE ME ACCESS TO THAT REQUESTED INFORMATION WITH CRIMINAL NEGLIGENCE. IS OFFICIAL MISCONDUCT VIOLATING TEXAS GOVERNMENTAL CODE 5 52 0.353 A PUNISHABLE BY UP TO SIX MONTHS IN JAIL AND OR A THOUSAND DOLLARS FINE. DID JOHN GILLUM SPEND HIS PROFESSIONAL LIFE BUILDING AND MAINTAINING AUSTIN PUBLIC LIBRARIES FOR ROOSEVELT WEEKS TO UNLAWFULLY EXCLUDE WHO HE DOESN'T WANT TO USE THEM? HONOR JOHN GILLUM BY DIRECTING THE CITY MANAGER TO RESCIND THE CTN AGAINST ME. WEEKS SHOULD NEVER HAVE ISSUED. IN JESUS' NAME I PRAY. AMEN. MICHAEL FRANCIS, DANIELLA SILVA AND DAVID CHINON. MORNING COUNCIL MEMBERS MAYOR, THANK YOU FOR THIS OPPORTUNITY. MY NAME'S MICHAEL FRANCIS. I'M A COMMISSIONER [00:30:01] ON THE BUILDING AND STANDARDS COMMISSION. FIRST, YOU CAN BREATHE A COLLECTIVE SIGH OF RELIEF. I'M NOT HERE TO ASK FOR FUNDING, BUT I AM HERE TO ASK YOU FOR YOUR ASSISTANCE IN GETTING THE COMMISSION MOVING ON AN ISSUE THAT WE'VE, IT'S KIND OF IMPEDING OUR ABILITY TO, TO WORK, UH, EFFICIENTLY. BCS HAS 11 SEATS. WE MEET MONTHLY. WE CURRENTLY HAVE THREE VACANT SEATS IN THREE DISTRICTS THAT HAVE BEEN THERE FOR A WHILE. FOLLOW THE MATH WITH ME TO WORK QUORUM. WE HAVE ONE MEMBER THAT COMES INCONSISTENTLY AND WE HAVE ONE MEMBER THAT JUST ANNOUNCED HE'LL BE LEAVING AT THE END OF SEPTEMBER'S MEETING. NOW I'M AT SIX AND WE JUST HAD A MEETING LAST NIGHT WITH SIX AND WE'VE HAD A MEETING WITH SIX BEFORE. IT MAKES IT REAL DIFFICULT FOR US TO DO THE CITY'S BUSINESS. WE'VE ALREADY HAD ONE MEETING, WE'VE HAD TO CANCEL 'CAUSE WE COULDN'T GET QUORUM. AND GUYS, THAT MAKES IT TOUGH TO DO THE CITY'S BUSINESS YOU GUYS HAVE ASKED US TO DO. AND AS VOLUNTEERS, IT'S KIND OF MADDENING FOR US, ESPECIALLY FOR CODE. THIS, BY THE WAY, IT'S GREAT GROUP TO WORK WITH. VERY PROFESSIONAL, ALL THE SUPPORT STAFF. JUST A JOY TO WORK WITH. I'VE DONE VOLUNTEER WORK FOR MANY YEARS, BUT YOU KNOW, THEIR FOCUS IS, WELL, WE HAVE A QUORUM, SO WE GET A DAY OR TWO, CALL A DAY OR TWO. ARE YOU COMING WHEN WE HAVE QUORUM? SO IT KIND OF JAMS US UP A LITTLE BIT. AND I'M JUST HERE TO SAY, IF YOU CAN, IF YOU KNOW YOU HAVE VACANCIES, CAN YOU HELP US OUT ON THAT? PLEASE MOVE THAT ALONG. UH, ESPECIALLY WHEN WE HAVE TO CANCEL A MEETING. IT'S A BIG, UH, A BIG, UH, IN IMPEDIMENT TO OUR SERVICES AND FOR, FOR THE VOLUNTEERS. 'CAUSE WE DON'T KNOW WHEN WE'RE GONNA HAVE A QUORUM AND IT MAKES US BE PRESSURED TO GO TO ALL THE MEETINGS, RIGHT? AND LIFE HAPPENS. AND THAT'S WHY WE HAVE 11. SO THAT WE HAVE THAT BANDWIDTH. WE DON'T HAVE THAT BANDWIDTH, AND WE'RE GETTING READY TO BE BACK TO SIX AGAIN. AND THAT'S REALLY A, A A PUTS US IN A, IN A TOUGH SPOT. SO PLEASE CONTINUE TO SUPPORT US. PLEASE LOOK AT THOSE. UH, IF YOU KNOW THAT YOU'VE GOT A VACANCY, UM, OR YOU'VE GOT ONE COMING UP, PLEASE CHECK WITH THAT AND HELP US OUT. AND MAYBE IF YOU NEED SOME HELP FROM THOSE OF US THAT ARE ON THE BUILDING STANDARDS, KIND OF RUNNING THAT FIELD. SO HAVE SOME IDEA FOR FOLKS THAT MIGHT BE ABLE TO COME ON BOARD TO HAVE THAT SKILLSET THAT WE'RE LOOKING FORWARD TO, TO HELP THE COMMISSION BE SUCCESSFUL. AND, UM, THANK YOU FOR YOUR TIME. THANK YOU. DANIELLA SILVA. ITEM 1 34 TOTALING THREE MINUTES, . GOOD MORNING, MAYOR AND COUNCIL. MY NAME IS DANIELLA SILVA. I'M THE AUSTIN POLICY COORDINATOR AT WORKERS' DEFENSE PROJECT, AND I AM HERE TO THANK YOU FOR BRINGING ITEM 1 34 TO THE AGENDA. I WOULD ESPECIALLY LIKE TO THANK COUNCIL MEMBERS, FUENTES HARPER, MADISON VELA VELAZQUEZ, AND CADRE, UH, FOR SPONSORING THIS ITEM. UH, ITEM 1 34 IS CONDEMNING, UM, THE TERRIBLE ANTI-IMMIGRANT LAW, SB FOUR THAT THE TEXAS SENATE PASSED, UM, THAT IS CURRENTLY TIED UP IN THE COURTS, BUT IS THIS DOOMY GRAY CLOUD THAT LOOMS OVER SO MANY, UH, IMMIGRANT COMMUNITIES, LATINA COMMUNITIES. AND IT IS ALREADY SUCH A STRESSFUL TIME TO BE A LATINA PERSON, ESPECIALLY A LATINA IMMIGRANT. UM, IN THE STATE OF TEXAS, WE HAVE GREG ABBOTT WHO HAS MADE IT TO WHERE HOSPITALS HAVE TO ASK FOR IMMIGRATION STATUS WHEN SOMEONE COMES ASKING FOR HELP. WE'VE GOT A PRESIDENTIAL CANDIDATE WHO HAS STATED THAT HE WANTS TO MAKE SURE THAT PEOPLE WHOSE PARENTS WERE NOT BORN IN THE US ARE STRIPPED OF THEIR CITIZENSHIP, EVEN IF THEY WERE BORN IN THE US. AND SO IT REALLY FEELS LIKE THE PEOPLE WHO ARE CREATING THE LAWS FOR OUR SOCIETY DON'T HAVE OUR BACK ON MANY DIFFERENT LEVELS. BUT TODAY IT FEELS LIKE Y'ALL DO AND THAT REALLY MEANS A LOT. SO WE JUST ARE HERE TO EXPRESS OUR GRATITUDE THAT YOU'RE BRINGING FORTH THIS BILL THAT NOT ONLY IS SYMBOLIC IN SHOWING ITS SUPPORT FOR THE LATINA COMMUNITY IN CONDEMNING SB FOUR, BUT IT IS ALSO HAVING ACTION BEHIND IT SO THAT MR. BROADNAX CAN ENSURE TO WORK WITH ORGANIZATIONS LIKE OURS SO THAT POLICIES CAN BE PASSED THAT SUPPORT OUR COMMUNITIES SO THAT WE CAN UPLIFT AND HIGHLIGHT THE CURRENT POLICIES THAT EXIST WITHIN A PD THAT ILLUSTRATE THAT THEY'RE SUPPOSED TO BE FOLLOWING THESE ANTI-DISCRIMINATION, UM, RULES. UM, AND SO THEY ARE NOT SUPPOSED TO BE DOING ANY KIND OF RACIAL PROFILING. AND ALSO TAKING IT A STEP FURTHER TO ENSURE THAT EVEN MORE STRICT, UH, STRINGENT PROCESSES ARE ENACTED IN THE DEPARTMENT. UM, THERE'S REPORTING THAT WILL BE STARTING BACK UP TO, UM, MAKE SURE THAT THERE'S ACCOUNTABILITY HELD WITHIN THE DEPARTMENT. SO I JUST AM REALLY GRATEFUL THAT Y'ALL HAVE BROUGHT FORTH THIS ITEM. WE REALLY LOOK FORWARD TO WORKING WITH YOU MORE IN THE FUTURE. THANK YOU SO MUCH. THANK YOU. NEXT WE HAVE DAVID CHIN CANON [00:35:01] ON ITEM 1 34 WITH THREE MINUTES. UM, GOOD MORNING MAYOR, MAYOR, PRO TEM COUNCIL MEMBERS. MY NAME IS DAVID CHICHEN AND I SERVE AS THE POLICY DIRECTOR FOR WORKERS' DEFENSE. AND I'M HERE TO SPEAK IN SUPPORT OF ITEM 1 34. SENATE BILL FOR IS THE MOST POISONOUS, HARMFUL PIECE OF ANTI-IMMIGRANT LEGISLATION THAT WE HAVE SEEN IN YEARS LIKE OPERATION LONE STAR, WITH ITS INHUMANE PRACTICES AND ITS DEADLY RACER WIRES, IT'S BASED ON A LIE ABOUT THE REALITY THAT TEXANS FACE TODAY. AND ON A MANUFACTURED CRISIS THAT PLAYS TO OUR WORST INSTINCTS. IT PLAYS ON VERY REAL SOCIAL AND ECONOMIC ANXIETIES THAT ARE ACTUALLY THE RESULT OF EGREGIOUS MISMANAGEMENT AND A BROKEN STATE GOVERNMENT. AND IT WEAPONIZES THOSE FEARS AGAINST US. IT'S A CHEAP POLITICAL TRICK, BUT NEITHER THE FINANCIAL NOR THE MORAL COST OF ASB FOUR IS CHEAP ON THE FINANCIAL COST. NO ONE AT THE STATE CAPITOL COULD ANSWER BASIC QUESTIONS ABOUT HOW THEY PROPOSED TO PAY FOR THIS MASS INCARCERATION PROPOSAL AND THE ECONOMIC STRAIN IT WOULD PLACE ON OUR COURTS OR JAILS, OUR LEGAL SYSTEM, EXCEPT FOR A VIEW, UH, A FEW VAGUE PROMISES ABOUT STATE REIMBURSEMENTS. SO THIS IS EITHER AN UNFUNDED MANDATE ON CITIES LIKE AUSTIN AND COUNTIES, OR THEY'RE PLANNING ON USING AN UNDEFINED AMOUNT OF OUR HARD-EARNED STATE TAX DOLLARS TO IMPLEMENT IT ON THE MORAL COST AS B FOUR IS AN UPFRONT TO THE VALUES THAT WE HOLD AS TEXANS AND AUSTINITES, REGARDLESS OF THE COLOR OF YOUR SKIN. IT'S AN ATTACK ON OUR COMMUNITIES, OUR FAMILIES, OUR NEIGHBORS, AND ON YOUR CONSTITUENTS. AND THAT SHOULD MAKE YOU FEEL THE DEEP SENSE OF INDIGNATION AND OUTRAGE THAT YOUR COMMUNITY IS FEELING TODAY. AND FINALLY, SB FOUR IS UNCONSTITUTIONAL. NOT ONLY BECAUSE THE SUPREME COURT HAS ALREADY RULED THAT STATE AND LOCAL LAW ENFORCEMENT CANNOT USURP THE POWER OF THE FEDERAL GOVERNMENT AS IT RELATES TO LAW ENFORCEMENT, OR I'M SORRY, IMMIGRATION ENFORCEMENT, BUT BECAUSE AS FOUR IS ACTUALLY UNENFORCEABLE, THE ONLY WAY S FOUR CAN ACTUALLY BE ENFORCED IN A COMMUNITY LIKE OURS IN AUSTIN, IS BY THE BLATANT USE OF RACIAL PROFILING AND THE VIOLATION OF OUR CIVIL LIBERTIES AND RIGHTS. THAT'S WHY IT'S IMPORTANT FOR YOU TO ISSUE A DEPRIORITIZATION MEMO AND CLARIFY A PD STANDARDS FOR REASONABLE SUSPICION AND PROBABLE CAUSE. TO MAKE IT PERFECTLY CLEAR THAT THE CITY OF AUSTIN WILL NOT ENGAGE IN THIS KIND OF UNLAWFUL ACTIVITY, OUR IMMIGRANT COMMUNITIES HAVE HAD YOUR BACK DURING THE LEGISLATIVE SESSION. THEY ADVOCATED AND MARCHED AND RALLIED TO PROTECT THE INTEREST OF THE CITY OF AUSTIN TODAY. RIGHT NOW, THEY NEED TO KNOW THAT THE CITY OF AUSTIN HAS THEIR BACK. PLEASE VOTE YES ON ITEM 1 34. SEND A MESSAGE TO THOSE COMMUNITIES THAT THOUGH THE STATE HAS FAILED THEM, THE CITY OF AUSTIN WILL NOT, THAT IT WILL OFFER THE SUPPORT AND PROTECTIONS THAT THEY NEED AND DESERVE. THANK YOU. NEXT, WE WILL MOVE ON TO OUR SPANISH LANGUAGE SPEAKERS. WE HAVE, UH, MARIA ESPINOZA. SHE WILL HAVE SIX MINUTES. MARIA ESPINOZA. WELCOME. OKAY. OH, OKAY. UH, UM, [00:40:01] AS AN IMMIGRANT, I ALREADY FACED SIGNIFICANT FEARS WHEN INTERACTING WITH THE POLICE. THE PASSAGE OF SB FOUR WOULD ONLY INCREASE THESE FEARS. AS A MOM, I FEEL VERY NERVOUS. IT'S VERY DIFFICULT TO MAKE THE EVERYDAY ACTIVITIES LIKE GOING TO WORK OR SEEKING MEDICAL CARE, OR EVEN MORE DAUNTING. I DEEPLY APPRECIATE THE AUSTIN CITY COUNCIL TO, FOR ADDRESSING THESE CONCERNS AND STANDING UP FOR OUR SAFETY. THE RESOLUTION PASSED BY THE CITY COUNCIL REASSURES ME THAT OUR CITY CARES ABOUT MY FAMILY AND ME. DESPITE THE STATE GOVERNMENT EFFORTS TO MAKE OUR LIVES MORE DIFFICULT, AUSTIN IS COMMITTED TO PROTECTING ITS IMMIGRANT RESIDENTS AND ENSURING THAT WE FEEL SAFE IN OUR COMMUNITY. IMMIGRANTS ARE IN AN INTEGRAL PART OF AUSTIN DAILY LIFE. WE ARE OFTEN THE ONES BUILDING YOUR HOMES, PAVING YOUR ROADS, COOKING YOUR MEALS, AND KEEPING YOUR SPACES SAFE AND CLEAN. OUR HARD WORK AND DEDICATION CONTRIBUTE IMMENSELY TO THE CITY'S INFRASTRUCTURE AND QUALITY OF LIFE. THANK YOU VERY MUCH. THANK YOU, GRACIA. OUR NEXT SPANISH LANGUAGE SPEAKER IS IRENE ARZA, AND SHE HAS HAD TIME DONATED BY ISMAIL MEDINA, TOTALING 12 MINUTES. ARE THEY IN THE ROOM? IRENE AND ISMAIL? YEP. AND CHRIS HARRIS ON DECK? MM-HMM. . MM-HMM. . GOOD MORNING. MY NAME IS IZA AND I'M SPEAKING ON SUPPORT OF ITEM 1 34. FIRST, I WANT TO THANK ALL THE COUNCIL MEMBERS FOR THE SUPPORT AND ALL THE CARE YOU DO ABOUT US, AND I'M THANK GOD FOR EVERYTHING THAT YOU'RE DOING FOR OUR, FOR US. UM, NOW I'M GONNA START READING. I'M INCREDIBLY GRATEFUL FOR THE CITY OF COUNCIL FOR PASSING THIS RESOLUTION. IT DEMONSTRATES THAT EVEN WHEN FACED WITH CHALLENGING CIRCUMSTANCES, THERE ARE LEADERS WHO ARE COMMITTED TO PROTECTING THE RIGHTS AND SAFETY OF ALL OUR RESIDENTS, INCLUDING THOSE OF US WHO ARE IMMIGRANTS. ES THE CITY OF AUSTIN. ACTIONS REMIND ME THAT AUSTIN STANDS WITH ITS IMMIGRANT COMMUNITY. IT IS A POWERFUL MESSAGE THAT WE ARE NOT ALONE AND OUR, OUR VOICES AND CONTRIBUTIONS ARE RECOGNIZED AND APPRECIATED. THE SUPPORT IS INVALUABLE IN HELPING US FEEL MORE INTEGRATED AND SECURE IN OUR CITY. [00:45:16] THIS RESOLUTION HELP US TO REBUILD OUR TRUST AND STRENGTHEN OUR TRUST IN THE COMMUNITY OF IMMIGRANTS AND THE LOCAL AUTHORITIES. THIS SHOWS A COMMITMENT TO APPROACH OUR FEARS AND TO GUARANTEE THAT WE ARE TREATED WITH RESPECT AND FAIRNESS. KNOWING THAT THE CITY OF AUSTIN, THE CITY COUNCIL, IS ACTIVELY WORKING TO PROTECT IMMIGRANT COMMUNITIES, ENCOURAGE ME TO ENGAGE MORE OPENLY IN CIVIC LIFE. IT REASSURES ME THAT MY CONTRIBUTIONS TO HOSTING ARE VALUED AND THAT I CAN PARTICIPATE IN COMMUNITY ACTIVITIES WITHOUT ANY FEAR. I DEEPLY APPRECIATE THE CITY COUNCIL'S ADVOCACY ON THIS ISSUE, AND I ALSO THANK GOD FOR THE HELP AND FOR THE SUPPORT. AND THANK YOU VERY MUCH. THANK YOU, GRACIA. MM-HMM, . NEXT WE HAVE CHRIS HARRIS ON ITEMS 1 0 5 1 3 4 1 43 TOTALING NINE MINUTES WITH SHERRY TAYLOR AND ANNIE FIRO ON DECK. UH, GOOD MORNING. HI, MAYOR COUNCIL, CITY MANAGER. UH, MY NAME IS CHRIS HARRIS. UH, I AM FROM DISTRICT NINE. I'M HERE TODAY ON BEHALF OF EQUITY ACTION. UH, IN SUPPORT OF ALL THE ITEMS MENTIONED. UM, I WAS PART OF A COALITION, UH, BACK IN TWO, 2019. UH, THIS WAS A COALITION OF BLACK AND BROWN PEOPLE IN THIS COMMUNITY, DOCUMENTED AND UNDOCUMENTED THAT CAME TOGETHER, UH, TO FIGHT, UM, THE MISUSE OF POLICE DISCRETION. UM, WHAT WE SAW WAS THAT THE POLICE DISCRETION TO ARREST WHEN THEY HAD THE OPTION TO ISSUE A CITATION INSTEAD, UM, WAS USED UNDULY AGAINST BLACK AND BROWN AUSTINITES. UH, IN PARTICULAR, THESE ARE OFFENSES THAT THE STATE LAW, STATE LAW PERMITS OFFICERS TO GIVE A CITATION IN LIEU OF ARREST. AND AGAIN, IN THE SITUATIONS WHERE OFFICERS HAD THIS OPTION, THEY WERE OVERWHELMINGLY USING THIS DISCRETION TO ARREST BLACK AND BROWN AUSTINITES WHILE GIVING CITATIONS TO WHITE AUSTINITES. SO TOGETHER, THIS BLACK AND BROWN COALITION FORMED TO PUSH THE FREEDOM CITY POLICIES, THESE POLICIES EXPRESSLY LIMITED POLICE DISCRETION IN THESE AREAS, REQUIRED THE USE OF CITATIONS IN THESE SITUATIONS, AND ALSO LIMITED POLICE AUTHORITY OR REQUIRED RATHER POLICE TO, TO NOTIFY INDIVIDUALS THAT THEY HAD A RIGHT NOT TO ANSWER QUESTIONS ABOUT THEIR IMMIGRATION STATUS. UH, COLLECTIVELY, THESE, THESE POLICIES DID A TREMENDOUS AMOUNT TO KEEP, UH, PEOPLE OUT OF THE CRIMINAL LEGAL SYSTEM, OR AT LEAST FROM THE WORST OF, UH, OUTCOMES WITHIN THE CRIMINAL LEGAL SYSTEM. UNNECESSARY DETENTION, SEARCH AND ARREST, RIGHT? UH, FOR OVERWHELMINGLY LOW LEVEL OFFENSES, RIGHT? OR FOR PEOPLE SIMPLY GOING ABOUT THEIR DAY, DAY TO DAY IN THIS COMMUNITY AS AN UNDOCUMENTED PERSON ALONG WITH THIS POLICY, WHICH WAS AN OVERWHELMING SUCCESS, WHICH HAD MONTHLY MEETINGS AND AN UNPRECEDENTED AMOUNT OF TRANSPARENCY THAT CAME ABOUT REGULAR MEETINGS AND REGULAR REPORTS THAT THE POLICE DEPARTMENT HAD TO PROVIDE. UH, IT WAS THROUGH THIS PROCESS THAT WE WERE ABLE TO ENSURE THE COMPLIANCE WITH IT RIGHT? TO UNDERSTAND THAT POLICE WERE, UH, FOLLOWING THE POLICY, WERE ISSUING CITATIONS IN LIEU OF ARREST, UH, AND KEEPING PEOPLE OUT OF THE JAIL. UH, AND THIS WORKED WELL FOR A COUPLE OF YEARS. UM, WHAT WE'VE SEEN OVER THE LAST FEW YEARS, UH, AFTER THE BACKLASH TO THE GEORGE FLOYD PROTEST IS A POLICE DEPARTMENT, UH, THAT IS, UH, INCREASINGLY NON-COMPLIANT WITH CITY RESOLUTION AND POLICY NON, UH, COMPLETELY SECRETIVE ABOUT THEIR ACTIVITIES. UH, AND THAT'S DESPITE THE FACT THAT WE HAD OVER 80% OF 80% OF VOTERS PASS A BALLOT MEASURE JUST LAST YEAR DEMANDING NEW AND UNPRECEDENTED TRANSPARENCY. SO IT IS INCREDIBLY CRUCIAL, UH, THAT WE RESTART THE FREEDOM CITY REPORTING, [00:50:01] UH, TO ENSURE COMPLIANCE WITH THIS. UH, IN REALITY, WE NEED IT FOR ALL ELEMENTS OF, OF COUNCIL, UH, PARTICULARLY COUNCIL AND COMMUNITY DICTATED, UH, POLICE POLICY. WE UNDERSTAND THAT THE POLICE HAVE NOT BEEN FOLLOWING THE FACIAL RECOGNITION POLICY, UH, IN, IN A HOST OF OTHER POLICIES PASSED DURING THE SUMMER OF 2020 AND IN ITS AFTERMATH. AND SO WE NEED WHATEVER TRANSPARENCY THIS COUNCIL CAN DEMAND AND ENFORCE TO ENSURE COMPLIANCE WITH THE, WITH THE RULES. WHAT WE ALSO SEE WITH UNCHECKED POLICE DISCRETION AND A CULTURE OF SECRECY, UH, THAT THAT NOW EXIST WITHIN THIS DEPARTMENT IS, UH, UH, UNNECESSARY ARRESTS FOR HOSTS OF OTHER THINGS. UH, AND THESE UNNECESSARY ARRESTS NOW DEMAND, UH, THAT THE COUNTY OFFER NEW SERVICES, UH, PARTICULARLY TO PROVIDE COUNSEL AT FIRST APPEARANCE TO ENSURE THAT, UH, PEOPLE WHO ARE BROUGHT INTO THE JAIL ARE, ARE ACTUALLY BEING BROUGHT THERE FOR LEGITIMATE AND LEGAL REASONS, UH, ALLOWED BY THE STATE AND BY THIS COUNCIL. AND SO IT IS REALLY IMPORTANT THAT THIS CITY COUNCIL, UH, YOU KNOW, BEING THE IN THEORY MANAGER OF THIS POLICE DEPARTMENT, UH, THAT IS, IS RESPONSIBLE FOR OVER 90% OF THE PEOPLE BROUGHT TO OUR TRAVIS COUNTY JAIL, IS IN SUPPORT OF AND BACKING THIS COUNCIL AT FIRST APPEARANCE, UH, TO ENSURE THAT PEOPLE THAT ARE, ARE BROUGHT TO THAT JAIL ARE BROUGHT THERE FOR LEGITIMATE REASONS AND REMAIN THERE ONLY BECAUSE THEY REPRESENT, UH, A TRUE THREAT TO THE SAFETY OF THIS COMMUNITY. FINALLY, WE HAVE REALLY DIRECT INFORMATION ABOUT, UM, THE CONSEQUENCES OF THIS SECRECY AND IMPUNITY THAT NOW RAINS AT OUR POLICE DEPARTMENT VIA A LAWSUIT BROUGHT BY A FORMER OFFICER, UM, UH, SAM LED KEY. UM, YOU HAVE ON YOUR AGENDA TODAY AN ITEM TO FUND ADDITIONAL DEFENSE RESOURCES FOR THE CITY AGAINST SAM LED KEY IN HER LAWSUIT. UH, MY MY UNDERSTANDING IS THAT YOUR CITY LEGAL DEPARTMENT HAS IN FRONT OF IT A LETTER OFFERING TO RESOLVE THIS LAWSUIT FOR FAR LESS, FAR LESS THAN IT IS WORTH. THAT IS FOR FAR LESS THAN WHAT THE TREATMENT THAT SHE RECEIVED, UH, IN EXCHANGE, UH, FOR A SERIES OF REFORMS, PARTICULARLY TO THE TRAINING ACADEMY, A TRAINING ACADEMY THAT, YOU KNOW, PEOPLE IN THIS COMMUNITY, INCLUDING MYSELF, HAVE BEEN TRYING TO REFORM FOR OVER FIVE YEARS, OKAY? BUT BECAUSE OF , UH, THE POLICE DEPARTMENT'S UNWILLINGNESS TO REFORM ITSELF, UH, THOSE REFORMS HAVE NOT BEEN MADE. AND SO YOU NOW HAVE A CHANCE, UH, TO, TO REALLY SHOW, UH, WHERE YOUR COMMITMENT LIES WITH RESPECT TO, UH, THOSE REFORMS. BECAUSE YOU CAN EITHER APPROVE, UH, DOLLARS TO GO TO ADDITIONAL DEFENSE, UH, AND NO REFORMS, OR YOU CAN APPROVE SOME SIMILAR AMOUNT OF DOLLARS TO, TO SETTLE THIS SUIT AND ACTUALLY IMPLEMENT THE REFORMS TO THE ACADEMY. UH, AND, AND I WANT TO, I WANNA BE VERY CLEAR, THESE REFORMS ARE THE ONLY CHANCE IF YOU INTEND TO ADDRESS THE POLICE STAFFING DECLINE THAT'S HAPPENED IN THE CITY. THE POLICE ACADEMY IS THE PRIMARY CULPRIT FOR THOSE, FOR THAT DECLINE. ITS INABILITY TO, UM, UH, TO RETAIN RECRUITS THROUGH THE PROCESS. IT'S DRIVING AWAY RECRUITS WITH, ITS, IT'S UNSAFE, UH, DISCRIMINATORY, UH, UH, UH, CURRICULUM. UM, AND, AND THESE ARE THE THINGS YOUR POLICE LEADERSHIP HAVE CONSISTENTLY FOUGHT TO MAINTAIN, UH, AT THE DEPARTMENT. AND THAT'S WHY YOU CAN'T ACTUALLY ADDRESS THE STAFFING, UH, DECLINE THAT YOU'VE SEEN, BECAUSE YOU CANNOT ACTUALLY MAINTAIN MORE RECRUITS THAN LEAVE THAN ARE RETIRING BECAUSE YOU HAVE AN AGING FORCE. SO AGAIN, IF, IF THIS COUNCIL CARES ABOUT ACTUALLY ADDRESSING THAT STAFFING ISSUE, CARES ABOUT ACTUALLY, UH, SEEING, UH, THE REFORMS TO THE POLICE ACADEMY, UH, YOU'LL POSTPONE THIS ITEM TODAY THAT SEEKS TO, TO, TO ADD MORE MONEY TO THE DEFENSE, UH, AGAINST THIS LAWSUIT, AND WILL INSTEAD ENTERTAIN THIS OFFER, UH, THAT HAS BEEN PUT BEFORE YOU TO ACTUALLY SEE THE, THESE REFORMS COME INTO PLACE AND, UH, AT, AT NO ADDITIONAL COST, UH, TO THIS CITY AND ITS TAXPAYERS. AND SO, AGAIN, I I, YOU KNOW, I'LL JUST CONCLUDE BY SAYING THAT THERE ARE REAL ISSUES WITH THIS POLICE DEPARTMENT ISSUES THAT PEOPLE LIKE MYSELF AND SO MANY OTHERS HERE TODAY HAVE TRIED TO ADDRESS OVER, OVER THE YEARS. AND WE'VE HAD SUCCESSES. AND, AND FOR MANY OF THOSE SUCCESSES WE DIDN'T SEE BACKSLIDING BECAUSE IT REQUIRES CONSTANT, CONSTANT DILIGENCE ON THE PART OF YOU ALL AS WELL AS FROM THE COMMUNITY TO KEEP THE POLICE, UH, TO FOLLOWING THE LAW, RIGHT? UH, AND SO IT'S, IT'S A REALLY UNFORTUNATE SITUATION THAT WE'RE IN. AND, UH, AND A BIG PART OF THE REASON THAT IT TAKES THAT DILIGENCE FROM US IS BECAUSE WE'VE ALLOWED OUR OFFICE OF POLICE OVERSIGHT [00:55:01] TO BECOME, UH, A COMPLETELY INEFFECTIVE OFFICE. UH, IT IS NOW HELMED BY SOMEONE WITH NO HISTORY OF OVERSIGHT, COMPLETELY, UH, UNQUALIFIED FOR THE ROLE, WHO SUBSEQUENTLY HIRED NOTHING BUT LAW ENFORCEMENT PEOPLE INTO THE OFFICE OF POLICE OVERSIGHT, AN OFFICE DESIGNED TO ACTUALLY REPRESENT CIVILIANS, UH, IN THE PROCESS OF COMPLAINTS. AND SO, AS LONG AS YOU HAVE A POLICE OVERSIGHT OFFICE THAT DOES, IS NOT EFFECTIVELY, UH, UM, UH, ACTUALLY FOLLOWING UP ON COMPLAINTS, SEEN THAT THEY BE INVESTIGATED, THAT'S THAT'S NOW SEEN LITERALLY A SINGLE SUSPENSION OR FIRING IN OVER A YEAR SINCE A NEW, UH, BALLOT MEASURE PASSED, DESIGNED TO STRENGTHEN THE OFFICE, UH, THEN, THEN YOU'LL CONTINUE TO BE THE MAIN PEOPLE THAT HAVE TO, TO BE THE OVERSIGHT OF THE POLICE DEPARTMENT. AND SO I URGE YOU TO DO SOMETHING ABOUT THIS OFFICE TO, TO, TO, TO MAKE WHOLESALE CHANGES TO THIS POLICE OVERSIGHT OFFICE, OR ELSE YOU'LL SEE US APPEAR DOING THIS OVER AND OVER AGAIN FOR THE FORESEEABLE THANK YOU. NEXT WE HAVE SHERRY TAYLOR ON ITEM 41 WITH THREE MINUTES. SHERRY TAYLOR. GOOD, GOOD MORNING. UH, MY NAME IS SHERRY TAYLOR AND I'M A HUNDRED PERCENT DISABLED VETERAN. I'M AN AUSTINITE. I, UH, WENT TO THE DESERT STORM AND I WAS GLAD TO GET BACK 2013, BUT GOT OFF THE PLANE. I WAS TRYING TO FIND AUSTIN. I WENT TO AUSTIN WHERE I USED TO GO AND, AND WALK THE STREETS, AND IT WASN'T THERE ANYMORE. SO I'M STILL LOOKING FOR IT. BUT IN THE MEANTIME, I'M TRYING TO, UH, GET FOLKS AS A, UM, VOTER DEPUTY REGISTRAR TO, UH, THOSE OF YOU WHO HAVE A COLLEGE DEGREE, YOU DON'T HAVE TO ALL RAISE YOUR HAND, BUT IF YOU HAVE A COLLEGE DEGREE, WE HOPE THAT YOU WOULD GO AND DO YOUR PART TO BE A VOTER REGISTRAR, AND ESPECIALLY IF YOU SPEAK TO LANGUAGES, BECAUSE THERE'S A LOT OF PEOPLE WHO THINK THEY ARE NOT IN NOT, UH, UH, GETTING SERVICES. SO THEY'RE CHOOSING NOT TO VOTE. AND, AND IF THEY CHOOSE NOT TO VOTE, THAT'S A VOTE FOR THE OTHER SIDE. UH, MY LITTLE SIGN HERE, IT SAYS, CELEBRATING HISTORY MONTH, WHEREVER YOU'RE FROM, IT'S A QUESTION MARK, WHICH, WHICH HISTORY DO YOU ACKNOWLEDGE? BUT EVERYBODY'S GOT A HISTORY AND EVERYBODY NEEDS TO BE ACKNOWLEDGED. UH, I GOT YOU A COPY OF THE CHALLENGER. I WAS A WRITER FOR THE CHALLENGER AND DISTINGUISHED DISTRIBUTOR OF THE CHALLENGER. IT TALKS ABOUT KINDNESS. UH, THIS ISSUE IS SEPTEMBER, 2022, BUT, UH, THE HAND PRINT THERE HAS MULTIPLE COLORS AND MULTIPLE ICONS OF MULTIPLE CULTURES. JUST SAYING YOU JUST NEVER FORGET. 9, 9 11 HAPPENED TO EVERYBODY. AND WE NEED TO ACKNOWLEDGE ALL THE FOLKS WHO, WHO PUT INTO THAT AND WHOSE CULTURE STILL NEEDS TO BE ACKNOWLEDGED. AND, AND LAST BUT NOT LEAST, SINCE IT IS AUGUST AND IT'S HOT, I DIDN'T WANNA READ SOMETHING OUT OF IT. UM, YOU HAVE A COPY. IT'S THE PERSON WHO USED TO LIVE IN TEXAS, BUT THEY'RE LIVING IN ANOTHER STATE. AND THEY SAY, NOW AS IF I'M SUFFOCATING, THE BREATHING IS PRETTY SHALLOW JUST SITTING HERE. I HAVE TO FOCUS ON THE BREATH. USUALLY ALWAYS THE BREATH THAT'S JUST SORT OF THERE SET IN MOTION FOR A GOOD LONG RUN. AND YOU AIN'T EVEN GOTTA THINK ABOUT IT, RIGHT? SO IT'S LIKE I'M SUFFOCATING. I COULD IMAGINE IT RIGHT NOW, WHAT IT WOULD BE LIKE TO JUST KEEL OVER. GASP, CAN'T DO ANYTHING WITHOUT AIR. IT'S JUST BLACK OUT. HEART CAN'T TAKE IT. BOOM. THERE I AM, THE SUN, THE SUN, THE SUN, THE SUN. HERE IT IS HOT. AND I'M IN OREGON. NOW, I THOUGHT ABOUT GETTING AWAY FROM ALL THAT TEXAS, BUT NOW WHAT DO YOU DO WITH THIS? SO I'M JUST SAYING, IF YOU HAVE A CHANCE TO BUY EXTRA BOTTLES OF WATER, PLEASE GIVE THE WATER TO THE PEOPLE. UH, UH, JUST AN ACT OF A KINDNESS. IF YOU SEE SOMEBODY ON AT THE TRAFFIC LIGHT, THEY DON'T NEED WATER. I MEAN, THEY DON'T NEED FOOD, THEY DON'T NEED, I'LL GET IT, RIGHT. THEY, THEY NEED COMPASSION. AND, AND, UH, DISTRICT ONE PERSON SAID SOMETHING TO THE EFFECT, UH, EMBRACE, UH, AND, AND EMPATHY, NOT FEAR. SO PLEASE DON'T FEAR THE PEOPLE WHO ARE, THANK YOU. SPEAKER, THANK YOU VERY MUCH. APPRECIATE YOU BEING HERE. NEXT WE HAVE ANNIE FIERRO ON ITEM 1 34 AND REYNA MARTINEZ ON DECK. ANNIE FIERRO WILL HAVE THREE MINUTES. GOOD MORNING COUNCIL [01:00:01] MEMBERS AM MAYOR WATSON. MY NAME IS ANNIE FIERRO AND I'M CURRENTLY THE CAMPAIGN ORGANIZER FOR WORKERS' DEFENSE. UH, I WANNA THANK YOU ALL FOR YOUR LEADERSHIP, ESPECIALLY COUNCIL MEMBER FUENTES, FOR PUSHING THIS FORWARD. UM, I FIRMLY USED TO BE AN UNDOCUMENTED MIGRANT AND I GOT MY RESIDENCY LITERALLY LIKE TWO DAYS AFTER GETTING MY ACCEPTANCE AND LIKE, UM, FROM WORKER'S DEFENSE. AND THAT WAS MY FIRST JOB THAT I COULD ACTUALLY WORK, WORK AND DO SOMETHING. UH, 'CAUSE PRIOR TO THAT, MY, I GOT TO AUSTIN IN 2019, AND YOU'LL HAVE NO IDEA THE ANXIETY MIGRANTS GO THROUGH EVERY SINGLE DAY. LIKE EVEN JUST INTERACTING WITH SOMEONE RANDOM ON THE STREET, UH, YOU GET STOPPED, UH, YOU'RE STUCK IN TRAFFIC AND THEN YOU SEE COPS OR ANYONE AND YOU'RE JUST LIKE THINKING, OH MY GOODNESS, EVERYTHING I'VE DONE SO FAR IS JUST GONNA GO DOWN THE TRASH AND NOTHING MATTERS ANYMORE. SO I'M REALLY GRATEFUL THAT Y'ALL ARE FIGHTING FOR THE MIGRANT COMMUNITY. 'CAUSE WE, LIKE ONE OF OUR MEMBERS WAS SAYING, WE CLEAN, WE DO FOOD FOR Y'ALL. WE ARE BUILDING THE STREETS. WE, WE DO EVERYTHING. AND ALSO, SOME OF US HAPPEN TO BE YOUR COMMUNITY ORGANIZERS WHO MAKE SURE THAT US CITIZENS ACTUALLY SHOW UP AND TAKE ADVANTAGE OF THE RIGHTS AND SPEAK OTHER COUNCIL MEETINGS, UH, AND ISSUES THAT MATTER. SO I REALLY WANNA THANK YOU AND I ALSO WANNA REMIND YOU THAT DON'T FORGET ABOUT MIGRANTS IN THE CONVERSATION. LIKE WE REALLY ARE EVERYONE. WE REALLY ARE YOUR NEIGHBOR. WE REALLY ARE THE PERSON WHO IS LIKE CASUALLY AT A COFFEE SHOP NEXT TO YOU. WE ARE THE PERSON WHO IS KNOCKING YOUR DOOR FOR A POLITICAL CAMPAIGN. SO WE REALLY APPRECIATE THIS AND PLEASE KEEP FIGHTING FOR THE MIGRANT COMMUNITY. THANK YOU. THANK YOU. RENA MARTINEZ WITH FELICITY MAXWELL AND NAOMI PRATT ON DECK. IF YOUR NAME'S BEEN CALLED, PLEASE COME FORWARD AND BE PREPARED TO STEP TO THE MICROPHONE. RENA MARTINEZ ON ITEM ONE THIRTY FOUR. EXCUSE ME. WE ONLY ALLOW, MA'AM, WE ONLY HAVE ONE PERSON AT THE MICROPHONE TIME. WELL NOT, YES. HANG ON ONE SECOND. I'LL BE INTERPRETING FOR HER. WE HAVE AN INTERPRETER FOR THAT, SO IF, IF WE CAN DO IT THAT WAY, WE APPRECIATE IT. SHE'LL HAVE SIX MINUTES. AND JUST FOR THE, FOR FOLKS THAT WANT TO DO, UH, HAVE INTERPRETERS AND NEED INTERPRETERS, WHAT WE ASK IS THAT YOU CHECK IN WITH THE CLERK, ONE OF THE YES. UH, SO THAT WHAT CAN HAPPEN IS WE CAN MAKE SURE WE'RE SCHEDULED AND, AND CAN AND ORGANIZE THAT. WE'RE HAPPY TO DO THIS, UH, RIGHT NOW, BUT, UH, JUST IN THE FUTURE, UH, WE'LL WE'LL TRY TO UTILIZE THAT PROCESS. THANK YOU. AND, AND, UM, PLEASE BEGIN. GOOD MORNING. MY NAME IS RENA AND I'M A MEMBER OF THE COMMUNITY GROUP, HARDWORKING WOMAN. I HAVE LIVED IN AUSTIN FOR SEVEN YEARS AND I'VE SEEN THIS CITY GROW AND HOW BIG IT IS. IS THAT WHY IT'S SO IMPORTANT? THE IMMIGRANT COMMUNITY THAT HAS HAD A, UH, HAS PLAYED AN IMPORTANT ROLE IN THIS CITY. AND THIS IS A MOMENT THAT THE CITY OF AUSTIN NEEDS TO SUPPORT US AND ANSWER AND TAKE CARE OF US ALL THE IMMIGRANT COMMUNITY. WE ASK YOU TO VOTE IN FAVOR OF THE RESOLUTION OF ITEM 1 34 AND OUR COMMUNITY FEEL SECURE AND PROTECTED AGAINST RACIAL DISCRIMINATION, MUNICIPAL RESPONSIBILITY. THE CITY AND ALL PUBLIC SERVANTS HAVE THE RESPONSIBILITY AND THE OBLIGATION TO RESIST WHEN THEY ARE UNFAIR LAWS. AND THIS RESOLUTION IS AN IMPORTANT STEP IN THIS DIRECTION. THANK YOU VERY MUCH FOR YOUR SUPPORT. THANK YOU. NEXT WE HAVE FELICIA MAXWELL ON ITEM 1 38 [01:05:01] WITH THREE MINUTES WITH NAOMI AND PRATT AND MEGAN BENTON AND DECK. UH, GOOD MORNING MAYOR. MAYOR PROAM, MEMBERS OF THE COUNCIL. I'M FULL CITY MAXWELL D FIVE RESIDENT AND ORA BOARD MEMBER. I'M HERE TODAY ACTUALLY TO SPEAK IN SIGNIFICANT IN SUPPORT OF ITEM 1 38, THE BOND TASK ADVISORY, THE BOND ADVISORY TASK FORCE. UH, WE APPRECIATE THE WORK OF COUNCIL MEMBER POOL'S OFFICE TO INITIATE THIS ADVISORY BOARD AND CREATE AN OPPORTUNITY FOR SIGNIFICANT COMMUNITY GUIDANCE ON ONE OF OUR MOST CRITICAL CHALLENGES AS CITY CLIMATE CHANGE. WE ARE EXCITED THAT THE TASK FORCE WILL HAVE THE OPPORTUNITY TO CONTINUE THE WORK INITIATED BY COUNCIL MEMBER RYAN ALTER EARLIER THIS YEAR AND LED BY THE JOINT SUSTAINABILITY COMMITTEE OVER THE SUMMER MOVING FORWARD, THE RECOMMENDATION OF VARIOUS ADVOCACY GROUPS AND CITY OF AUSTIN BOARDS AND COMMISSIONS. WE KNOW THAT GIVEN THE FINANCIAL CHALLENGES OF OUR CITY BUDGETS, THE CREATION OF A WELL CONSIDERED COMMUNITY SUPPORTED BOND PACKAGE FOR FUTURE, FUTURE VOTER CONSIDERATION IS CRITICAL. AURA STRONGLY BELIEVES THAT INFILL, EXPANDING INFILL HOUSING OPTIONS, UPGRADING OUR LOCAL ENERGY AND WATER INFRASTRUCTURE AND ENHANCING OUR BIKE AND PEDESTRIAN NETWORKS ARE ESSENTIAL TO ADDRESSING CLIMATE CHANGE LOCALLY. AND WE LOOK FORWARD TO WORKING CLOSELY WITH THE MEMBERS OF THE BOARD ADVISORY TASK FORCE TO ENSURE BROAD SUPPORT FOR PROJECTS ALIGNED WITH THESE VALUES AS THEY'RE PRIORITIZED TO CREATE AUSTIN'S RESPONSE TO CLIMATE CHANGE IN OUR CITY. THANK YOU. THANK YOU. NEXT WE HAVE NAOMI PRATT ON I'M 1 42 WITH THREE MINUTES, AND MEGAN BENTON AND RYAN MCCARTY ON DECK. GOOD MORNING. MY NAME'S NO PRATT. I'M THE TEXAS PARTNERSHIP AND MOBILIZATION ADVISOR FOR IPAS. US IPAS IS A GLOBAL NETWORK THAT'S BEEN WORKING TO EXPAND ACCESS TO ABORTION AND CONTRACEPTION GLOBALLY IN THE US I WORK, UH, WITH OUR REPRODUCTIVE JUSTICE PARTNERS HERE IN TEXAS AND I'M HERE IN SUPPORTIVE AGENDA ITEM 1 42, THE RESOLUTION NAMING REPRODUCTIVE RIGHTS AS A HUMAN RIGHT, AS AN ABORTION ADVOCATE IN TEXAS. I APPLAUD THE CITY OF AUSTIN FOR THE RECOGNIZING THEIR ROLE IN IMPLEMENTING THE UNITED NATIONS HUMAN RIGHTS COMMITTEES RECOMMENDATION TO TAKE SWIFT ACTION TO PROTECT ACCESS TO CRITICAL HEALTH CARE SUCH AS ABORTION. THOSE OF US THAT LIVE HERE KNOW THAT TEXAN SUPPORT ACCESS TO ABORTION. IT IS NO SURPRISE THAT SINCE THE DOBBS DECISION, TEXANS HAVE CONTINUED TO MOBILIZE AND RALLY AROUND THOSE WHO ARE STILL HERE. FOR PEOPLE WHO NEED ACCESS TO ABORTION IN TEXAS, WE HAVE A COMMON SENSE VALUES AND TAKE PRIDE IN CARING FOR OUR NEIGHBORS. THIS IS WHY DESPITE THE ANTI RIGHTS POLICIES AND ATTACKS WE CONTINUE TO FACE IN THE STATE, THERE ARE STILL PEOPLE HERE WORKING DILIGENTLY TO HELP THEIR NEIGHBORS ACCESS ABORTION, REPRODUCTIVE HEALTHCARE, AND GENDER AFFIRMING CARE. THEIR ONGOING WORK IS DIRECTLY ALIGNED WITH THIS RESOLUTION AS THEY EMBODY THE VALUES THAT REPRODUCTIVE JUSTICE IS A HUMAN RIGHT. I'LL TAKE THE REST OF MY TIME TODAY TO NAME, UH, THE LIST OF ORGANIZATIONS WORKING IN TEXAS WHO HAVE SIGNED ON TO A LETTER OF SUPPORT FOR THIS RESOLUTION. WE THEN THANK, THANK THEM FOR THEIR WORK EACH AND EVERY DAY TO DEFEND HUMAN RIGHTS AND THEIR OWN WAVERING SOLIDARITY IN THE REPRODUCTIVE JUSTICE MOVEMENT. JANE, DUE PROCESS, ABORTION ON OUR OWN TERMS. IPAS, US TEXAS EQUAL ACCESS FUND, MED STUDENTS FOR CHOICE. SOUTH TEXANS FOR REPRODUCTIVE JUSTICE. THE AFIA CENTER MOVES TEXAS, A CLU OF TEXAS, , TEXAS FREEDOM NETWORK, TEXAS RISING AVOWED, TEXAS DEEDS NOT WORDS. NATIONAL LATINA INSTITUTE FOR REPRODUCTIVE JUSTICE FRONTERA FUND AND PLANNED PARENTHOOD TEXAS VOTES. THANK YOU. THANK YOU MEGAN BENTON ON ITEM 1 42 WITH THREE MINUTES. THANK YOU MEMBERS FOR THE OPPORTUNITY TO SPEAK WITH YOU TODAY. MY NAME'S MEGAN BENTON, AND I'M THE STRATEGIC POLICY ASSOCIATE FOR TEXAS VALUES. ALTHOUGH I DON'T LIVE WITHIN THE CITY LIMITS, I DO CONSIDER MYSELF AN AUSTINITE, AND I'VE LIVED HERE SINCE THE DAY I WAS BORN. I LOVE THE CITY. IN FACT, I LOVE IT SO MUCH THAT WHEN IT WAS TIME TO DECIDE WHERE TO PURSUE HIGHER EDUCATION, I KNEW I WANTED TO STAY IN AUSTIN. THE DI IDEA OF LEAVING FOR COLLEGE WAS UNFATHOMABLE TO UNFATHOMABLE TO ME. EVERYTHING I LOVED WAS RIGHT HERE IN AUSTIN. SO NATURALLY I WAS ELATED WHEN I WAS ACCEPTED TO THE UNIVERSITY OF TEXAS AT AUSTIN. I ATTENDED COLLEGE IN THE HEART OF THE CITY, MADE FRIENDS, ATE GOOD FOOD, AND ENJOYED THE VIBRANT CULTURE OF THIS UNFORGETTABLE PLACE. TO SAY I LOVE MY HOME IS AN UNDERSTATEMENT, BUT TODAY I'M GRIEVED BY AUSTIN'S DECISION TO PROMOTE ABORTION IN A STATE WHERE WE VALUE THE SANCTITY OF ALL HUMAN LIFE INSIDE AND OUTSIDE THE WOMB, PLEASE VOTE AGAINST ITEM 1 42, WHICH PUTS THE NEXT GENERATION OF AUSTINITES AT RISK. ABORTION IS NOT A HUMAN RIGHT, IT'S A VIOLATION OF HUMAN RIGHTS. NOT ONLY IS IT A VIOLATION OF HUMAN RIGHTS, BUT IT'S A VIOLATION OF THE MOST FUNDAMENTAL HUMAN RIGHT, WHICH IS LIFE. SECONDLY, THE RESOLUTION MAKES THE CLAIM THAT PREGNANCY AMOUNTS TO SOMETHING AS OF TORTURE. THIS COULDN'T BE FURTHER FROM REALITY. PREGNANCY IS A NATURAL FUNCTION OF THE [01:10:01] FEMALE BODY. ABORTION, ON THE OTHER HAND, IS FAR MORE AKIN TO TORTURE AS IT BRUTALLY TAKES THE LIFE OF A PREBORN CHILD AND PLACES THE MOTHER AT RISK OF COMP COMPLICATIONS. LASTLY, TEXAS SUPPORTS BOTH THE MOTHER AND THE BABY. LAST SESSION, THE THRIVING TEXAS FAMILIES PROGRAM WAS LAUNCHED, WHICH REPLACED THE ALTERNATIVES TO ABORTION PROGRAM AND GIVES $165 MILLION IN FUNDING TO PREGNANCY RESOURCE CENTERS THAT HELP WOMEN IN DIFFICULT SITUATIONS IN TEXAS. WE CARE FOR BOTH THE MOTHER AND THE BABY. AUSTIN, PLEASE DO THE SAME. PLEASE VOTE NO, NO ON THIS RESOLUTION. THANK YOU, RYAN MCCARTY ON ITEM 1 42 WITH THREE MINUTES, RYAN MCCARTY. NEXT WE HAVE HALEY LOCKETT, NANCY CARDENAS. DARREN THORNHILL. IF YOUR NAME'S BEEN CALLED. PLEASE HEAD UP FRONT, PLEASE STATE YOUR NAME FOR THE RECORD AND THEY'LL HAVE, PLEASE, PLEASE COME FORWARD. IF YOUR NAME'S BEEN CALLED, PLEASE COME FORWARD. HAS YOUR NAME BEEN CALLED? YEAH, PLEASE, PLEASE. OKAY, TAKE THE MICROPHONE. UM, I AM NANCY CARDENAS. THANK YOU. SO, UH, MY NAME IS NANCY CARDENAS. I'M HERE TO SPEAK IN FAVOR OF ITEM 1 42. I'M THE CAMPAIGN DIRECTOR OF ABORTION ON OUR OWN TERMS, WE ARE A CAMPAIGN THAT USES CULTURE CHANGE AND ADVOCACY TO MAKE SELF-MANAGED, ABORTION ACCESSIBLE, UH, WITHOUT STIGMA OR LEGAL RISK. WHEN WE TALK ABOUT SELF-MANAGED ABORTION, WE MEAN ABORTIONS THAT HAPPEN OUTSIDE OF THE FORMER HEALTHCARE SETTING. AND IT'S USUALLY A COMBINATION OF DIFFERENT MEDICATION CALLED RISTO AND MISOPROSTOL, BOTH, WHICH ARE EXTREMELY SAFE AND EFFECTIVE. AND ALTHOUGH THERE IS NOTHING WRITTEN THAT WOULD CRIMINALIZE SOMEONE, UM, WHO IS TERMINATING THEIR PREGNANCY, WE KNOW THAT DIRECTLY IMPACTED COMMUNITIES ARE OFTEN AT THE BRUNT OF CRIMINALIZATION. AND WE KNOW THAT IT IS NOT MEDICATION ABORTION ITSELF THAT IS UNSAFE OR THAT IS DANGEROUS. IT IS THE CRIMINALIZATION BY THE STATE. UM, IT IS THE LACK OF INFORMATION. IT IS THE LACK OF RESOURCES FOR PEOPLE WHO ARE TRYING TO ACCESS ABORTION CARE. I APPLAUD THE CITY OF AUSTIN FOR REMAINING STEADFAST CHAMPIONS OF ABORTION CARE AND WHAT THE STATE HAS FAILED TO DO, MUNICIPALITIES WILL OFTEN STEP UP. UM, EVERYONE DESERVES ACCESS TO ABORTION CARE, WHETHER THAT BE AN IN-CLINIC OR OUTSIDE OF A HEALTHCARE CLINIC. PEOPLE DESERVE THE RIGHT TO ACCESS ABORTION CARE AND THEIR DECISION SHOULD BE VALUED AND RESPECTED. SO ONCE AGAIN, UM, THANK YOU TO THE CITY OF AUSTIN, UM, FOR REMAINING ABORTION CHAMPIONS THROUGHOUT THIS BRADLEY HARGUS, ROCHELLE VASQUEZ, SETH MINETA, DYLAN, JANELLE VENZA. IF YOUR NAME'S BEEN CALLED, PLEASE MOVE TOWARDS THE PODIUM AND STATE YOUR NAME AND ITEM NUMBER BEFORE YOU BEGIN. YOU'LL HAVE THREE MINUTES. HI, MY NAME IS BRADLEY HARGIS. UH, I AM HERE ON ITEM 1 43. I AM THE EXECUTIVE DIRECTOR OF THE CAPITAL AREA PRIVATE DEFENDER SERVICE. UH, FOR MOST COUNCIL MEMBERS, YOU WON'T KNOW WHAT THAT IS, BUT WE ARE THE, UH, NON-PROFIT, THE OVERSEAS, THE MAJOR MAJORITY OF INDIGENT DEFENSE IN TRAVIS COUNTY. WE REPRESENT OVER 14,000 MEMBERS OF YOUR COMMUNITY THAT ARE FACING CHARGES IN TRAVIS COUNTY EVERY DAY, 60% OF WHOM WERE ARRESTED BY A PD. AND I'M HERE TO TALK TO YOU ABOUT THE IMPORTANCE OF CFA AND WHY A AFFIRM COMMITMENT FROM THE CITY IS ESSENTIAL ON THIS ITEM. THE CURRENTLY TODAY THE CITY OF AUSTIN, YOUR APPOINTED JUDGES AND YOUR CLERKS MAGISTRATE ALL OR NEARLY ALL CLIENTS FACING CRIMINAL CHARGES IN TRAVIS COUNTY. THAT INITIAL MAGISTRATION HEARING AND THAT BOND DETERMINATION IS ONE OF THE MOST DETERMINATIVE STEPS IN THE OUTCOME FOR A CLIENT. THAT IS BEFORE TRAVIS COUNTY AND OUR DISTRICT AND COUNTY JUDGES HAVE TAKEN OVER. THIS DECISION TO INCARCERATE OR TO RELEASE ON BOND, TO SET BAIL AND REASONABLE BAIL CONDITIONS IS ESSENTIAL. AND THIS IS ALMOST 100% A CITY OF AUSTIN FUNCTION FOR ALL CLIENTS, NOT EVEN JUST A PD ARRESTEES THAT IS CURRENTLY DONE TODAY WITHOUT THE BENEFIT OF COUNSEL. SO CLIENTS COME BEFORE A JUDGE NOT UNDERSTANDING THE PROCESS WITH NO ATTORNEY STANDING BESIDE THEM. THAT IS SOMETHING WE'VE BEEN WORKING FOR YEARS TO CHANGE, AND WE NEED THE FIRM COMMITMENT FROM THE CITY OF AUSTIN TO CHANGE THAT. CURRENTLY, THE CITY OF AUSTIN HAS BEEN SUPPLYING FOUR SHIFTS A MONTH AS PART OF A TEST PROGRAM. WE NEED A CLEAR COMMITMENT AND PLAN TO WORK WITH TRAVIS COUNTY TO EXPAND THAT TO REPRESENT ALL CLIENTS ACCUSED OF CHARGES AND APPEARING AT MAGISTRATION. WHY IS THIS IMPORTANT? KAFA CHANGES? LIFE RESEARCH HAS SHOWN THAT THE MOST IMPORTANT DECISION THAT HAPPENS BY, IN MOST CRIMINAL CASES WILL BE THE PRETRIAL DETENTION [01:15:01] QUESTION, AND THE ATTORNEYS CHANGE THOSE OUTCOMES AS ONE OF THOSE ATTORNEYS THAT IS REPRESENTED, DOZENS OF PEOPLE ACROSS THE 30 SHIFTS THAT WE'VE DONE OVER THE LAST FEW MONTHS AS PART OF OUR IMPLEMENTATION PLAN. I CAN TELL YOU, I'VE HAD JUDGES TELL ME, I WAS NOT GOING TO RELEASE YOUR CLIENT TODAY, BUT AFTER HAVING HEARD THE ADDITIONAL INFORMATION THAT YOU'RE PRESENTING, I'M GOING TO GO AHEAD AND GRANT A PERSONAL BOND. I'VE HAD FELONIES THAT WERE REDUCED TO MISDEMEANORS BECAUSE OF FACT PROBLEMS. I'VE HAD MISDEMEANORS AND FELONIES REJECTED. THESE ARE THE THINGS THAT CHANGE LIVES. THE FEW DAYS OF DETENTION BEFORE ANOTHER JUDGE WILL SEE THIS IS ALL THE DIFFERENCE. THERE'S THE DIFFERENCE BETWEEN LOSING YOUR HOUSING, LOSING YOUR JOB, HAVING CPS INVOLVED IN YOUR LIFE, LOSING YOUR PET, LOSING YOUR BELONGINGS. ALL OF THAT HAPPENS IN THOSE FIRST FEW DAYS. I CANNOT OVERSTATE THE IMPORTANCE OF THIS DECISION AND THE RESOURCES NEEDED TO MAKE THOSE DECISIONS BETTER. SO I CALL ON THE CITY OF AUSTIN TO SEND A CLEAR MESSAGE TO CITY STAFF AND TO THE CLIENTS TRAPPED IN THE SYSTEM AND THE COMMUNITY AT LARGE THAT THE CITY OF AUSTIN IS ACTUALLY COMMITTED TO ENSURING THAT ALL PEOPLE AND REST IN OUR COMMUNITY RECEIVE COUNSEL AT THESE IMPORTANT HEARINGS AND WE CAN IMPROVE THE OUTCOMES WITH THAT RESOURCE. THANK YOU. NEXT WE HAVE YASMINE SMITH. SHE HAD THREE MINUTES DONATED BY ROY WHALEY. UM, IS ROY WHALEY PRESENT? IF YOUR NAME HAS ALREADY BEEN CALLED, PLEASE FEEL FREE TO COME FORWARD. SHE'S CALLING ADDITIONAL NAMES. HELLO COUNCIL MEMBERS. MY NAME IS ROCHELLE VASQUEZ. I'M AN ATTORNEY AND TEAM LEAD AT THE TRAVIS COUNTY PUBLIC DEFENDER'S OFFICE. OUR TRAVIS COUNTY PUBLIC DEFENDER'S OFFICE REPRESENTS ROUGHLY 25% OF THE ADULTS COMING THROUGH OUR LOCAL CRIMINAL LEGAL SYSTEM. A MAJORITY OF RI WHICH ARE ARRESTED BY AUSTIN POLICE DEPARTMENT AND WITHIN THE CONFINES OF THE CITY OF AUSTIN. AND OF THOSE PEOPLE WHO ARE OUR CLIENTS ARE DISPROPORTIONATELY BLACK AND BROWN AND ALL QUALIFY FOR OUR REPRESENTATION BECAUSE THEY HAVE LITTLE TO NO INCOME, INCLUDING A SIGNIFICANT NUMBER OF OUR CLIENTS WHO ARE EXPERIENCING HOMELESSNESS LIVE WITH UNTREATED OR EVEN UNDIAGNOSED MENTAL ILLNESS OR A SUBSTANCE USE DISORDER. NOW I AM HERE, UH, IN SUPPORT OF LINE ITEM 1 43, WHICH IS THIS COUNCIL'S RESOLUTION IN SUPPORT OF CA, UM, WHICH IS COUNSEL AT FIRST APPEARANCE. IT IS A CONSTITUTIONALLY MANDATED RIGHT, UM, WHICH THE CITY OF AUSTIN AND THE TRAVIS COUNTY CONSTITUENTS HAVE BEEN LEFT WITHOUT FOR QUITE SOME TIME. AND SO I'M GLAD TO SEE THAT THE CITY COUNCIL IS PUT FORTH SUPPORT WITH THAT, BUT SUPPORT DOESN'T STOP HERE. IT ALSO COMES WITH THE MAGISTRATE JUDGES WHO ARE A LARGE PART IN MAKING THE DECISION ON WHETHER SOMEONE GETS A PERSONAL BOND, WHICH WHAT BRADLEY HARGET SAID IS VERY LIFE CHANGING. THIS CAN MAKE A DIFFERENCE BETWEEN SOMEONE LOSING THEIR HOME, THEIR PET, EVEN CUSTODY OF THEIR KIDS, AND FACING IMMIGRATION CONSEQUENCES DUE TO IT. AND SO WITH THIS RESOLUTION, I DO URGE YOU TO PLEASE KEEP IN CONSIDERATION THE MAGISTRATE JUDGES WHO ARE MAKING THESE DECISIONS AND MAKE SURE THAT THEY ARE IN ALIGNMENT WITH THIS RESOLUTION THAT IS BEING PUT FORWARD. THANK YOU. THANK YOU. NEXT SPEAKER. GOOD MORNING COUNSEL. MY NAME IS SETH MINETA DILLON. I AM ONE OF THE SUPERVISING ATTORNEYS AT THE TRAVIS COUNTY PUBLIC DEFENDER'S OFFICE. I'VE BEEN WITH THE OFFICE SINCE IT SINCE ITS INCEPTION. UM, I'M HERE TO SPEAK IN SUPPORT OF ITEM NUMBER 1 43. UM, I'M GONNA ECHO WHAT MR. HARGET SAID AND MY COLLEAGUE ROCHELLE, AND I WANNA FOCUS ON THE SECOND PIECE OF 1 43, WHICH IS THE REPORT THAT Y'ALL ARE SUPPOSED TO GENERATE. I BELIEVE IT DIRECTS THE CITY MANAGER AS WELL AS THE HEAD OF THE MUNICIPAL COURT JUDGES TO CREATE A REPORT ON COUNCILED FIRST APPEARANCE. WHY IS THIS SO IMPORTANT? AND THIS IS JUST GONNA BE SOME TOUGH TRUTHS. THERE WAS A FIRST VERSION OF COUNCILED, FIRST APPEARANCE BACK IN I BELIEVE, 2021. I WAS THERE IN PERSON. A CLIENT WERE THERE IN PERSON. THE SHERIFF'S OFFICE OF ALL PEOPLE WERE THERE IN PERSON, BUT YOUR EMPLOYEES, THE MAGISTRATES OF THE CITY OF AUSTIN SAID, NO, NO, NO, WE WANNA BE BEHIND A SCREEN. AND SO THEY WERE ON THE OTHER SIDE OF A SCREEN WHERE THE REST OF US WERE IN PERSON. DESPITE THE FACT THAT ALL THE RESEARCH SHOWS THAT BEING IN PERSON MAKES A SIGNIFICANT DIFFERENCE, IT'S WHY WE DO THIS IN PERSON RATHER THAN OVER ZOOM. FAST FORWARD TO THIS VERSION. IT WAS MENTIONED BY MR. HARGIS THAT THE CITY OF AUSTIN MAGISTRATES HAVE AGREED TO FOUR SHIFTS FOR KAFA. THERE ARE 90 POSSIBLE SHIFTS FOR COUNCIL AT FIRST APPEARANCE IN A MONTH 90. AND DURING THE NEGOTIATION PROCESSES, THEY SAID, NO, WE CAN'T DO MORE THAN FOUR. IT'S NOT FOR PER PERSON, IT'S NOT FOR PER WEEK, [01:20:01] IT'S FOR TOTAL. AND TO THE THIRD POINT, I HAVE BEEN THERE WHERE THE STATE HAS SAID, WE WANT THIS PERSON RELEASED ON A PERSONAL BOND. THE DEFENSE ATTORNEY HAS SAID, WE WANT THIS PERSON RELEASED ON A PERSONAL BOND. AND THE MAGISTRATE FOR THEIR OWN PERSONAL REASONS AND THEIR OWN PERSONAL, LET'S SAY, PERSPECTIVES SAID, NO, I WANT THIS PERSON CHARGED WITH A CRIMINAL TRESPASS TO SIT IN HERE AND IF THEY GET AN ATTORNEY, THEY CAN COME BACK AND THAT ATTORNEY CAN TALK TO ME. WELL, THE ATTORNEY IS THERE SPEAKING RIGHT NOW. THESE ARE YOUR EMPLOYEES. AND SO WHEN THAT REPORT COMES BACK, I URGE YOU, LOOK AT THEIR ACTIONS, LOOK AT THEIR DECISIONS. THEY ARE AFFECTING PEOPLE'S LIVES. THE COUNTY IS FULLY BOUGHT INTO THIS PROGRAM AND THIS SYSTEM, AND WE REALLY APPRECIATE YOUR SUPPORT. BUT IN THAT ROOM, IT'S THOSE MAGISTRATES WHO MAKE THOSE LIFE CHANGING DECISIONS. THEY'RE UNACCOUNTABLE BECAUSE THEY'RE NOT ELECTED. THEY AFFECT THE CITIZENS, THEY AFFECT THE PEOPLE WHO ARE IN FRONT OF THEM. WE NEED YOU TO MAKE SURE AS THEIR BOSSES, AS THEIR EMPLOYERS, THAT YOU'RE MAKING SURE THAT THEY'RE DOING JOBS AND THAT THEY'RE, THAT THEY'RE DOING THEIR JOB AND THEIR PRINCIPLES AND ACTIONS ARE ALIGNED WITH WHAT WE ALL SAY THAT WE BELIEVE IN. THANK YOU. HI, Y'ALL. MY NAME IS JANELLE ZA. I ALSO WORK AT THE PUBLIC DEFENDER'S OFFICE. I'M AN ATTORNEY AND A TEAM LEAD THERE, AND I JUST WANTED TO AGAIN, THANK Y'ALL AS EVERYONE ELSE HAS ABOUT, UM, 1 43. WE LOVE TO SEE A CITY COMMITMENT TO, TO COUNCIL AT FIRST APPEARANCE. UM, AND LIKE SETH MENTIONED, WE REALLY APPRECIATE LIKE THAT THERE WILL BE A REPORT AND THAT WE CAN LOOK AT HOW OUR MAGISTRATES ARE DOING AND HOW THE PROCESS IS WORKING. I WANTED TO, UH, PUT A, A FINE POINT ON WHAT SETH WAS SAYING. THE LAST POINT ABOUT, UH, MAGISTRATES WHO ARE ALIGNED WITH THE GOALS OF MAGISTRATE, RIGHT? THE, THE CONSTITUTIONAL RIGHT OF THE PEOPLE TO BE REPRESENTED WHEN THEY GO IN FRONT OF A COURT. AND THE PRESUMPTION OF INNOCENCE, WHICH MEANS RIGHT, LENDS ITSELF TOWARDS FREEDOM FIRST AND THEN RESTRICTION IF, IF YOU CAN'T THROUGH BOND THROUGH CONDITIONS ASSURE THE SAFETY OF THE COMMUNITY. UM, IT HAS BEEN MY EXPERIENCE AS A PUBLIC DEFENDER IN TRAVIS COUNTY, UH, FROM DAY ONE AND 2021 WHEN THE OFFICE OPENED, THAT OFTENTIMES YOU GET ASSIGNED A CASE, A CRIMINAL TRESPASS, AN ASSAULT, UM, WHERE YOUR CLIENT IS IN CUSTODY AND THEY'VE ALREADY BEEN MAGISTRATED. AND THE ONE THING THAT ME AS AN ATTORNEY HAS TO DO TO GET THAT CLIENT, UH, OUT OF CUSTODY, IS OFTEN TO JUST EMAIL A JUDGE OR GO SEE THE SAME MAGISTRATE WHO ALREADY REFUSED BOND TO THAT CRIMINAL TRESPASS CLIENT. UM, AND THEN THEY SEE JUST BY HAVING AN ATTORNEY APPOINTED TO IT, THAT UH, THEY'LL, THEY'LL GRANT A BOND. SO ONE, THERE'S A TIME WASTING, UH, ELEMENT HERE AND A RESOURCE WASTING THAT HAPPENS WHEN WE DON'T HAVE MAGISTRATES WHO ARE ALIGNED WITH OUR GOALS, RIGHT? IT'S, IT'S INSTEAD OF THE JUDGE GRANTING A BOND, WHEN THAT CLIENT COMES IN FRONT OF 'EM THE FIRST TIME, YOU NOW HAVE TO APPOINT THREE DAYS PASS. YOU HAVE TO APPOINT AN ATTORNEY. AND THEN I, INSTEAD OF GETTING TO WORK UP, MY CASES HAVE TO GO AND GO TALK TO THE EXACT SAME JUDGE THAT ALREADY DECLINED THE BOND. AND THE ONLY THING THAT'S DIFFERENT IS THERE'S A NAME ON THE CASE. UM, AND THAT'S JUST A WASTE OF TIME THAT CAN'T BE HAPPENING. UM, AND THEN TWO, RIGHT IN THAT, IN THAT LENGTH OF TIME, THAT DELAY BETWEEN THE DENIAL OF BOND AND THE APPOINTMENT OF COUNSEL, YOU ALSO, YOU OFTEN SEE, LIKE MS. VASQUEZ MENTIONED, UM, LIFE CHANGING THINGS THAT HAPPEN, ESPECIALLY AS THIS INCOME INEQUALITY ISSUE RISES IN THE CITY. YOU SEE PEOPLE LOSE THEIR JOBS. YOU SEE PEOPLE WHO ARE UNHOUSED, WHO'VE JUST GOTTEN, WHO ARE ON THE BRINK OF, UH, WHO HAVE JUST GOTTEN HOUSING, WHO ARE ON THE BRINK OF, OF REACHING SOME STABILITY. AND YOU SEE THAT GET TAKEN AWAY, RIGHT? IF THEY GET ARRESTED ON THE 29TH AND IT TAKES THREE DAYS FOR THEM TO GET OUT. UM, AND SO THESE MAGISTRATES HAVE A LOT OF AUTHORITY AND, AND AN OUTSIZED EFFECT ON, UH, THE ABILITY OF THE SYSTEM TO BE HUMAN AND TO NOT, UH, DO THAT THING THAT IT DOES WHERE IT'S JUST, YOU KNOW, A, A, A PUNITIVE HAMMER THAT ONLY SEES NAILS. UM, AND SO WHAT, WHAT WE ARE ASKING THE COUNCIL TO DO IS, UM, THE RESOLUTION IS A FIRST STEP, UH, BUT WE JUST REALLY NEED Y'ALL TO COMMIT TO, UM, HIRING MAGISTRATES WHO ARE GONNA UNDERSTAND THE RIGHTS OF THE PEOPLE AND WHO ARE GONNA TAKE IT SERIOUSLY TO ENFORCE THE RIGHTS OF THE PEOPLE. THANK Y'ALL. SIX MINUTES FOR YASMIN SMITH, IS THAT CORRECT? PLEASE STATE YOUR NAME. YASMIN SMITH. YES. AND YOU HAVE THREE MINUTES DONATED BY MR. WHALEY. SO YOU HAVE SIX MINUTES. TEN FOUR MAYOR WAY DONATING MY TIME. . HI THERE. THANK YOU SIR. MY NAME IS YASMIN SMITH, VICE PRESIDENT OF JUSTICE AND ADVOCACY FOR THE AUSTIN AREA URBAN LEAGUE AT THIS POINT. MANY OF YOU, ALL OF YOU KNOW ME, UM, I'M HERE TO SPEAK ON 1 43 COUNCIL AT FIRST APPEARANCE. UM, AND JUST WANTING TO HYPERFOCUS ON SOME NUANCES, UM, AS WE, THE CATHOLIC COALITION, WHICH WE ARE A PART OF, UM, HAS BEEN ON THE FRONT LINES OF THE COUNTY ADVOCACY UP TO THIS POINT. UH, SO FIRST AND FOREMOST, UM, NOW THAT C AA IS HERE, YOU KNOW, COLLAPSE, COPS [01:25:01] COLLAPSE, WHAT DOES THAT MEAN FOR THE CITY? NUMBER ONE, THAT MEANS THAT, UM, YOU ALL NEED TO SUPPORT YOUR JUDGES BEING PREPARED, RESOURCED, AND JANELLE STATED IT ALIGNED, UM, IN ENSURING THAT THERE IS 24 7 IMPLEMENTATION OF C AA, RIGHT? SO THAT NO MATTER WHEN YOU'RE ARRESTED, YOU HAVE A TIMELY MAGISTRATE. UM, WITH CAA INCLUDED, UH, NUMBER TWO, ANOTHER CITY PART OF UH, 100% IMPLEMENTATION OF CAA, UM, IS LESSENING THE BURDEN ON THE SYSTEM FROM THE BEGINNING, RIGHT? AND THAT MEANS A COMMITMENT FROM YOU ALL, UM, THAT OUR POLICE OFFICERS IN OUR POLICE DEPARTMENT, UM, UH, MAKE SURE THAT THEY ARE ALSO ALIGNED IN WHO THEY'RE ARRESTING AND WHY THEY'RE ARRESTING THEM. IF WE HAVE TONS OF PEOPLE IN FRONT OF MAGISTRATION THAT SHOULDN'T BE THERE IN THE BEGINNING, THAT'S GONNA BE MORE RESOURCES, MORE TIME, MORE BANDWIDTH ON THE, THE, THE ONSET. SO IF WE CAN GET INTO THE CULTURE OF A PD, UM, AND ENSURE THAT WE'RE NOT BRINGING PEOPLE IN FRONT OF MAGISTRATION, THAT REALLY SHOULDN'T BE THERE, THAT COULD BE HANDLED A DIFFERENT WAY, THAT WOULD LESSEN THE BURDEN COMPLETELY. UM, NUMBER THREE. UM, AND UM, YOU KNOW, I'M NOT SURE HOW Y'ALL GONNA FEEL ABOUT THIS, BUT IF I WERE Y'ALL, I WOULD WANT TO USE MY MUSCLE IN ENSURING THAT THERE IS A RAMP UP PLAN FROM THE COUNTY. ALRIGHT, YOU GUYS ARE GONNA GET A REPORT THAT'S ALL WELL AND GOOD. YOU WANNA SEE THE REPORT, YOU WANNA SEE THOSE NUMBERS, YOU WANNA SEE THOSE KPIS. YOU NEED TO BE DEMANDING THE EXACT SAME LEVEL OF INTRICACY AND DUE DILIGENCE FROM YOUR COUNTY PARTNERS. BECAUSE IF YOU GO OUT THERE AND YOU GET ALL THESE MAGISTRATE JUDGES, THEN YOU ALIGN THEM AND THAT CAF IS GOING GREAT AND THEN THERE IS NOT A A, A GOOD PIPELINE TO A HUNDRED PERCENT IMPLEMENTATION THAT'S GONNA BE AN ISSUE FOR YOU. SO WHAT DOES A FULL FLEDGED RAMP UP PLAN LOOK LIKE? WELL, THAT SHOULD INCLUDE, UM, A PLANNING PERIOD, RIGHT? THE VOTE LAST WEEK OR THE WEEK BEFORE FROM THE COUNTY, THAT WAS NOT A VOTE FOR A PLANNING PERIOD THAT WAS A VOTE FOR FULL IMPLEMENTATION. THAT MEANS IT'S NOT PRACTICE TIME, IT IS GAME TIME. SO YOU NEED A FULL RAMP UP PLAN OF HOW WE GET TO A HUNDRED PERCENT. JUST SAYING YOU WANT TO GET TO A HUNDRED PERCENT OF IN-PERSON WITH INTERPRETATION, UH, SERVICES IS NOT THE SAME AS SAYING AN FY 25 Q1, WE WILL HAVE X AMOUNT OF PEOPLE HIRED RIGHT IN, IN THESE DIFFERENT, UH, DIVISIONS. IT'S NOT THE SAME AS SAYING, OKAY, OUR, OUR GOAL FOR A HUNDRED PER, UH, PERCENT IMPLEMENTATION. EVEN IF THAT'S AN INSPIRATIONAL GOAL, YOU NEED TO MAKE SURE THAT IT'S ON PAPER BECAUSE A GOAL WITHOUT A TIMELINE IS A WISH. OKAY? A, A, A PLAN WITHOUT KPIS. KEY PERFORMANCE INDICATORS, TIME BEING AN ESSENTIAL ELEMENT OF A KEY PERFORMANCE INDICATOR IS FRAUGHT FROM THE BEGINNING. SO WE NEED TO MAKE SURE THAT RAMP UP PLAN ACTUALLY IS A RAMP UP PLAN. A RAMP UP PLAN INCLUDES AN ORGANIZATIONAL CHART, AN IT, UH, PLAN, A SUSTAINABILITY PLAN, A HIRING PLAN, A FACILITY PLAN. UM, YOU SHOULD ALSO MAKE SURE THAT THERE ARE THREE SHIFTS OR 24 7 COVERAGE. UM, YOU NEED TO MAKE SURE THERE'S ADEQUATE STAFF IN THE PUBLIC DEFENDER'S OFFICE CAP DPS, THAT THERE'S ADEQUATE SOCIAL WORKERS, THAT THERE'S ADEQUATE CASE MANAGERS AND ALL THOSE PEOPLE NEED ADEQUATE AND APPEALING, UM, UH, COMPENSATION. BECAUSE IF WE DON'T MAKE SURE THAT THEY HAVE ADEQUATE AND APPEALING COMPENSATION, WE'RE GONNA LOSE THEM AND THEN WE'RE GONNA HAVE TO RETRAIN AND THAT'S MORE BANDWIDTH ON YOU. UM, A PLAN SHOULD ALSO INCLUDE ADEQUATE INTERPRETATION SERVICES, UM, ALSO JOINT CITY AND COUNTY MEETINGS SO THAT WE CAN BE PUBLICLY BRIEFED AND UNDERSTAND EXACTLY HOW YOU'RE CHARTING DOWN YOUR TIMELINE. UM, YOU SHOULD ALSO INCLUDE, UH, COMMUNITY STAKEHOLDER INPUT. THERE'S BEEN A LOT OF ADVOCACY ON THE GROUND, UH, DOING THIS AND WE ARE COMING AT IT AS A TEAM. UM, WANTING TO BE YOUR TEAMMATE, LET US BE YOUR TEAMMATE. AN AUXILIARY GROUP WOULD BE AN AMAZING WAY TO ADD THAT INPUT WITHOUT HAVING TO DO ALL OF THIS ALL THE TIME. UM, ALSO COMMUNITY TOWN HALLS. SOME PEOPLE ARE NOT UNDERSTANDING WHAT'S HAPPENING. MAKING SURE THAT SOME PEOPLE WHO CAN'T COME HERE IN THE MIDDLE OF THE DAY BECAUSE THEY'RE WORKING THREE JOBS, OKAY, UH, TO BE IN AUSTIN, THAT THEY'RE STILL ABLE TO BE ENGAGED. SO COMMUNITY TOWN HALLS SPECIFICALLY THROUGH FEASIBLE HOURS FOR OUR COMMUNITY MEMBERS. UM, AND THEN LAST BUT NOT LEAST, AND AGAIN, I DON'T KNOW HOW Y'ALL GONNA FEEL ABOUT THIS, BUT IF IT WERE ME AND I WAS GONNA PARTNER WITH THE COUNTY TO DO THIS, I WOULD WANT THE MAXIMUM BUDGET, RIGHT? THEY'RE STARTING TO GO, THEY'RE STARTING, THEY, THEY SAID 18 MILLION IN THE BEGINNING, THEN THEY WENT TO 11, THEN THEY WENT TO 6.3, NOT REALLY SURE. AND THEIR, THEIR, THEIR PROJECTIONS AND THEIR PRESENTATIONS A LITTLE VAGUE. UM, I WOULD WANT THAT FULL BUDGET ALLOCATED FOR CA AND IF THEY DO HAVE ISSUES, 'CAUSE WHAT IT'S FEELING LIKE IS THEY'RE THINKING, OH, I'M NOT GONNA BE ABLE TO HIRE ENOUGH, RIGHT? AND THEN I'M GONNA HAVE ALL THIS MONEY, RIGHT? LET'S GO AHEAD AND EARMARK THE MONEY FOR A HUNDRED PERCENT CA OF IMPLEMENTATION OF CFA BECAUSE THAT'S WHAT WE ARE ALL SAYING THAT WE WANT. AND THEN IF YOU DO NOT USE THAT MONEY, THEN LET'S REALLOCATE THOSE BUDGET LINES TO DIRECT SERVICE PROVISION FOR THAT CLIENTELE. SO WE STILL HAVE THE EARMARKED MONEY FOR FY 25 AND WE ARE PROJECTING THE SAME AMOUNT FOR 26, 27 AND INTO PERPETUITY. UM, BUT YOU'RE NOT, UH, CUTTING YOUR HEELS [01:30:01] OFF BEFORE, BEFORE YOU ACTUALLY GET STANDING. UM, WE, THE CATHOLIC COALITION, VERY DIVERSE GROUP. WE MEET WEEKLY. WE ACTUALLY HAVE A WEEK A MEETING IN A COUPLE OF HOURS IF YOU'D LIKE ANY MORE LIKE KPIS, WE HAVE A RUNNING LIST AND WE'RE HERE TO HELP. UM, THANK YOU AND GREAT FIRST STEP TO GETTING CA. NOW WE JUST NEED TO SEE A FIRM COMMITMENT IN ENOUGH MAGISTRATION JUDGES THAT ARE ALIGNED OF GETTING PEOPLE OUT THAT OUR PD ISN'T PUTTING PEOPLE IN THE SYSTEM THAT SHOULDN'T BE THERE IN THE FIRST PLACE, AND THAT THERE IS A RAMP UP PLAN THAT IS TIMELY, MEASURABLE, AND ARTICULATED ON PAPER. THANK YOU. NEXT WE HAVE NICK HUDSON WITH BRANDON LEE AND ENOVIA JOSEPH ON DECK. IF YOUR NAME'S BEEN CALLED, PLEASE COME FORWARD. NICK HUDSON IS SPEAKING ITEM 1 43 AND WE'LL HAVE THREE MINUTES. THIS, JOSEPH, IF YOU'RE HERE, PLEASE COME FORWARD, PLEASE COME FORWARD. THANK YOU SIR. PLEASE BEGIN. THANK YOU MAYOR. CAN YOU HEAR ME OKAY? THANK YOU MAYOR AND COUNCIL, IT'S GOOD TO SEE ALL OF YOU. UM, I WANTED TO JUST FOCUS IN, UH, I WANTED TO SAY THANK YOU COUNCIL MEMBER FUENTES AND TO YOUR SPONSORS, YOUR CO-SPONSORS FOR BRINGING THIS ITEM FORWARD. IT'S ITEM 1 43. UM, I'M HERE ON BEHALF OF THE A CLU OF TEXAS. UM, I JUST WANTED TO FOCUS MY COMMENTS ON WHY CFA IS GOOD POLICY. YOU'VE HEARD A LOT OF, UM, STUFF ABOUT HOW IT AFFECTS PEOPLE'S LIVES. UM, WHEN ATTORNEYS ARE ARE PRESENT, YOUR MAGISTRATES ARE ABLE TO MAKE BETTER DECISIONS AND THOSE DECISIONS REDUCE PRETRIAL DETENTION. SOMETHING ALL OF US CARE ABOUT UNNECESSARY PRETRIAL DETENTION. YOU GET FEWER PEOPLE IN JAIL WHO ARE ACCUSED OF MINOR OFFENSES. YOU GET FEWER PEOPLE IN JAIL WHO POSE LITTLE RISK TO OUR COMMUNITY, UM, WHO DON'T BELONG IN JAIL IN THE FIRST PLACE. UM, AND YOU GET FEWER PEOPLE IN JAIL WHO WILL NOT BE CONVICTED. ULTIMATELY, AS YOU HEARD, SOME OF THE, THE CHARGES CAN CHANGE AND SOME EVEN GET DISMISSED OR THROWN OUT, UM, WHEN YOU HAVE ATTORNEYS PRESENT. UM, THE OTHER POINTS I WANNA MAKE IS, IS, IS ABOUT PUBLIC SAFETY. WHEN UH, UH, PRETRIAL DETENTION IS HAS BEEN SHOWN TO BE CRIMINOGENIC, IT ACTUALLY INCREASES THE RISK OF RE-OFFENDING. UM, IF YOU ARE IN PRETRIAL DETENTION PAST 24 HOURS, 24 HOURS, A A CLOCK STARTS TICKING AND THE PUBLIC SAFETY OUTCOMES GET WORSE. AND SO IT IS IN ALL OF OUR INTEREST TO ENSURE THAT CA GETS IMPLEMENTED WITHIN OUR COMMUNITY. AND THEN THE FINAL POINT I JUST WANTED TO MAKE, A GENERAL POINT IS ABOUT THE BENEFIT TO TAXPAYERS. UNNECESSARY PRETRIAL DETENTION IS OBVIOUSLY, UH, VERY COSTLY. UM, I JUST WANTED TO MAKE, UH, JUST UH, EXPRESS GRATITUDE FOR A SPECIFIC PROVISION. UM, THE ONE ABOUT THE REPORT BACK, UM, I THINK THIS SETS THE CITY UP TO BE A REALLY GOOD PARTNER TO THE COUNTY AS THEY UH, EMBARK ON THIS REALLY AMBITIOUS PROJECT TO ENSURE THAT PEOPLE'S CONSTITUTIONAL RIGHTS IN THE SETTING ARE RESPECTED. UM, I THINK IT'LL HELP, UH, FOR EXAMPLE JUST IDENTIFY THE DISTRIBUTION OF LABOR BETWEEN THE CITY AND THE COUNTY MAGISTRATES BECAUSE THEY'RE GONNA BE DOING SOME OF THE MAGISTRATION SERVICES TOO. UM, AND SO I'M REALLY GRATEFUL THAT THAT'S IN THERE AND UH, HOPE YOU'LL KEEP IT AND JUST WANTED TO SAY THANK YOU. THANKS FOR YOUR TIME. THANK YOU. BRANDON REED, ITEM TWO 18 WITH THREE MINUTES ENOVIA JOSEPH WITH 30 MINUTES ON ITEMS, I'M SORRY, 24 MINUTES WITH ITEMS 40 49 91, 1 0 2, 1 0 3, 1 10, 1 14, AND 1 42. THANK YOU MAYOR COUNSEL, I'M ENOVIA JOSEPH. MY COMMENTS AS THEY ALWAYS ARE IN THE CONTEXT OF TITLE SIX OF THE CIVIL RIGHTS ACT OF 1964, WHICH PROHIBITS DISCRIMINATION BASED ON RACE, COLOR, AND NATIONAL ORIGIN. UH, BEFORE I START, MAYOR, I DO WANT TO ASK YOU WHY IT IS THAT THE OFFICER TOLD ME I COULDN'T SIT IN THE BACK. THE POSTED RULES DO NOT SPECIFY SITTING AGAINST THE WALL. IF YOU COULD CLARIFY THAT, I WOULD APPRECIATE IT AS IT RELATES SPECIFICALLY TO ITEM FOUR 40, THAT'S THE AUSTIN PUBLIC LIBRARY ITEM. I SPECIFICALLY REQUESTED A MILLION DOLLARS FOR BLACK LITERATURE. I WANT YOU TO RECOGNIZE THAT THIS SPECIFIC ITEM ACTUALLY DOES NOT TAKE INTO ACCOUNT THAT AUSTIN PUBLIC LIBRARY CAN REQUEST SPECIFIC ITEMS. IF THE VENDOR DOESN'T HAVE THAT ITEM, THEY CAN ACTUALLY STILL PROCURE THAT ITEM IF IT IS A SOLE COPYRIGHT OR IF SOMEONE HAS SPECIAL RIGHTS TO THOSE ITEMS. AND SO I'M IN OPPOSITION TO THIS ITEM BECAUSE IT DOES NOT TAKE INTO CONSIDERATION THE BLACK LITERATURE AND THE BLACK BOOKS THAT I'VE REQUESTED AND I'VE TALKED TO DIRECTOR WEEKS AND I WOULD ASK HIM TO RECOGNIZE THE NEED TO INCLUDE VENDORS THAT ACTUALLY WILL PROVIDE BLACK MATERIALS IN THE LIBRARY TOO AS IT RELATES SPECIFICALLY TO ITEMS 1 0 2, 1 0 3 AND 1 0 9. THEY ALL SPECIFY PROJECT CONNECT. SO I'M JUST GONNA LOOK AT MY NOTES HERE SPECIFICALLY. YOU HAVE TWO APPOINTEES ON 1 0 2. 1 0 3 IS A CONSOLIDATED PLAN FOR FY 24 20 25. I WANNA STOP THERE AND JUST SAY MAYOR, SPECIFICALLY THE COMMUNITY DEVELOPMENT COMMISSION DID NOT PROVIDE ANY INPUT AS IT RELATES TO THE CONSOLIDATED PLAN THAT WILL GO TO HUD HOUSING AND URBAN DEVELOPMENT. SO THIS IS A UNILATERAL PLAN FROM [01:35:01] MANDY DE MAYO AND THE STAFF. I WANT YOU TO RECOGNIZE THAT THIS IS $70 MILLION THAT THEY'RE REQUESTING FROM HUD. I WANT YOU TO UNDERSTAND THAT I AM THE FACE OF HOMELESSNESS. I'VE TOLD YOU BEFORE THAT YOU ARE AWARE HOUSING THE NEGROES IN SOUTHEAST AUSTIN. I WANT YOU TO UNDERSTAND THAT I WENT THROUGH A THREE YEAR APPEAL PROCESS JUST THIS MORNING SPECIFICALLY I WENT TO THE COURT TO FILE A MOTION FOR SUMMARY JUDGMENT AS IT RELATES SPECIFICALLY TO THE ITEM WHERE YOU'RE ACTUALLY ONE 14 GOING TO ALLOW THE ASIAN AMERICAN QUALITY OF LIFE $70,000 NOT TO EXCEED $170,000 FOR PRO SE LITIGATION ASSISTANCE. I FIND THAT PROBLEMATIC. AS YOU ARE AWARE, AFRICAN AMERICANS ARE OVER SIX TIMES MORE LIKELY THAN THEIR WHITE COUNTERPARTS TO BE HOMELESS ACCORDING TO THE ECHO REPORT JULY 1ST, 2022. BUT YET YOU HAVE NO MONEY ALLOCATED FOR AFRICAN AMERICANS IN PARTICULAR, I WANT YOU TO RECOGNIZE THAT YOUR STAFF SPECIFICALLY THE HOMELESS STRATEGY OFFICE, WAS UNABLE TO HELP ME. I WANT YOU TO UNDERSTAND THAT WHILE I CERTAINLY APPRECIATE AN EFFORT TD JACKMAN, I WANT YOU TO UNDERSTAND SPECIFICALLY THAT WHEN A MEMBER OF THE COMMUNITY REACHES OUT TO THE COMMUNITY DISPLACEMENT OFFICER AND IS TOLD, I DON'T KNOW HOW TO HELP YOU, WHAT ARE WE TO DO, MAYOR, WHAT WOULD YOU SAY THAT I SHOULD DO? I WANT YOU TO UNDERSTAND SPECIFICALLY ONE OF THE THINGS THAT'S PROBLEMATIC IS THAT THE MARSHALING YARD DOES PROVIDE THREE MEALS. BUT I WANT YOU TO UNDERSTAND SPECIFICALLY THIS MORNING I MET A LADY ON THE BUS ROUTE 10 SOUTHBOUND WHO WAS ACTUALLY REMOVED FROM THE MARSHALING YARD WITH ALL OF HER BELONGINGS. I ASKED HER FOR THE RULES. SHE SAID SHE COULDN'T GIVE IT TO ME BECAUSE DURING ENCAMP ENCAMPMENT SUITE, HER RULES WERE ACTUALLY DEMOLISHED. I WANT YOU TO UNDERSTAND WHAT'S PROBLEMATIC ABOUT PROJECT CONNECT AS IT RELATES TO THESE ITEMS IS SPECIFICALLY IN THE LAWSUIT THAT WAS FILED NOVEMBER 6TH, 2023, ON PAGE 23, IT SPECIFIES THE MISUSE AND MISDIRECTION OF ANTI DISPLACEMENT FUNDS. I HAVE WORKED WITH THREE VA SOCIAL WORKERS AND ONE OF THEM WROTE BACK AND SAID THAT ANTI DISPLACEMENT FUNDS COULD NOT BE USED FOR THE HOMELESS. I WANT YOU TO UNDERSTAND THAT IT IS DISCRIMINATORY. YOU HAVE PRIVILEGED WOMEN WHO ARE PREGNANT THROUGH MAMA ASANA, VIBRANT WOMAN. YOU HAVE PRIVILEGED WOMEN WITH CHILDREN THROUGH AUSTIN PUBLIC HEALTH SPECIFICALLY THE $70 MILLION THAT YOU ARE TRYING TO GET FROM HUD, I WANT YOU TO UNDERSTAND SPECIFICALLY AS IT RELATES TO THOSE FUNDS, IT IS A UNILATERAL DECISION THAT WAS MADE BY STAFF EACH TIME THE COMMUNITY DEVELOPMENT COMMISSION MEETS ON HILL ZAMBRANO BRIEFS. THE COMMISSION, THEY GIVE PRIORITY FOR EVICTION PREVENTION TO WOMEN WITH CHILDREN, INDIVIDUALS WHO ARE 60 AND OLDER AND ALSO PEOPLE WHO ARE DISABLED. THAT INFORMATION, HOWEVER, MAYOR IS NOT POSTED ONLINE. INSTEAD THEY MAKE PEOPLE GO THROUGH A MERE EXERCISE IN FUTILITY, A WASTE OF TIME CALLING, HOPING TO GET THROUGH. ONCE THEY GET THROUGH, THEY TELL THEM TO CALL AUNT BERTHA. THAT'S JUST A SOURCE ONLINE WHERE YOU PUT IN YOUR ZIP CODE AND THEY GIVE YOU SOME OF THE RESOURCES IN THE AREA. I WANT YOU TO UNDERSTAND JUST HOW DISCONNECTED THE SYSTEM IS. LAST THURSDAY, CHARLES LUON, WHO IS THE COMMUNITY ENGAGEMENT STAFFER, SPOKE TO ME IN THE OFFICE OF A VA COUNSELOR. I WANT YOU TO UNDERSTAND THAT HE SAID, OH, WE'LL STAFF YOUR CASE NEXT TOMORROW. WELL, TOMORROW CAME MEANING THE FRIDAY AND MONDAY AND TUESDAY CAME AND IN AN EMAIL FROM GREG MCCORMICK HE SAID THERE MAY BE SOME RESOURCES, FINANCIAL SUPPORT FOR FAMILY OR FRIENDS OPTION. AND SO IT IS THAT I CALLED AND I FOLLOWED UP AND THERE WAS NO SUPPORT. SO FOR THE MILLIONS OF DOLLARS THAT YOU HAVE INVESTED IN A HOMELESS STRATEGY OFFICE AND HOMELESSNESS MORE BROADLY, $106 MILLION OF AMERICAN RESCUE PLAN ACT, I WANT YOU TO REMEMBER, MAYOR, THAT THE CIVIL RIGHTS ASSURANCES ARE STILL IN EFFECT THROUGH 2025 AND THAT YOU MUST COMPLY AS IT RELATES SPECIFICALLY TO ITEM 49. THAT'S THE FORM STACK ITEM, $700,000. BUT MAYOR, YOU UNILATERALLY ELIMINATED OUR OPPORTUNITY TO ACTUALLY PROVIDE COMMENTS. I WOULD ASK YOU TO BE MORE TRANSPARENT AND TO TELL US WHY THE PUBLIC CAN NO LONGER TELL YOU WHY WE ARE FOR ON OR AGAINST AN ITEM IN FORMSTACK. SO SPECIFICALLY, IF WE ARE PAYING MORE IN THIS CONTRACT, WHY IS IT THAT WE'RE GETTING LESS? IT APPEARS THAT YOU ARE IMPEDING OUR FIRST AMENDMENT RIGHT TO REDRESS OF THE GOVERNMENT AND TO ALSO SPEAK TO YOU SPECIFICALLY. SO I AM IN OPPOSITION TO THAT ITEM BECAUSE [01:40:01] THE CITY CLERK AND NEITHER YOU HAVE TOLD THE PUBLIC WHY IT IS THAT WE CAN NO LONGER STATE OUR POSITIONS ON ITEMS BEFORE YOU AS IT RELATES SPECIFICALLY TO ITEM 1 0 9. THAT'S THE AGREEMENT WITH AUSTIN TRANSIT PARTNERSHIP. I WANT YOU TO RECOGNIZE MAYOR, AND YOU ARE WELL AWARE THAT ON JUNE 6TH, 2023, THAT IS WHEN AUSTIN TRANSIT PARTNERSHIP VOTED TO REDUCE PROJECT CONNECT TO $5 BILLION. THERE IS NOTHING EQUITABLE ABOUT THIS SYSTEM AS YOU ARE AWARE. IT DOES NOT GO TO NORTHEAST AUSTIN. I WANT YOU TO UNDERSTAND THAT THE COM, THE CIG FEDERAL TRANSIT ADMINISTRATION GUIDELINES SPECIFY A HALF MILE AFFORDABLE HOUSING WILL GIVE YOU MORE POINTS AS IT RELATES TO THIS LIGHT RAIL SYSTEM. BUT YET YOU HAVE STRETCHED THE TRUTH AND USED METRO RAPID EXPO TO TRY TO GET MORE FEDERAL DOLLARS. I WANT YOU TO UNDERSTAND WHAT'S ALSO PROBLEMATIC IS THAT YOU HAVE ANTI DISPLACEMENT DOLLARS BEING GIVEN TO ORGANIZATIONS FOR NORTHEAST AUSTIN ANTI DISPLACEMENT. HOW CAN ANYONE BE DISPLACED IF THE LIGHT RAIL SYSTEM IS NOT GOING THERE? IF YOU ARE SPECIFICALLY REFERRING TO THE EXPO LINE, I WANT YOU TO RECOGNIZE THAT THAT IS NOTHING MORE THAN ROUTE 37 RESTORED WITH THE EXPO STOP. I WANT YOU TO UNDERSTAND THAT NO ONE IN THEIR CAR, IN THEIR RIGHT MIND IS GOING TO PARK THEIR VEHICLE AT THE EXPOSITION CENTER, GO DOWN LOYOLA LANE TO LBJ HIGH SCHOOL, DOWN MAINOR THROUGH MUELLER TO GET TO DOWNTOWN. PEOPLE IN THEIR CARS ARE JUST GOING TO GET ON TWO 90 OR I 35 AND GET TO DOWNTOWN. AND SO YOU HAVE DEFRAUDED THE GOVERNMENT OUTTA $66 MILLION. FRAUD IS TRYING TO GET SOMETHING OF VALUE THROUGH WOEFUL MISREPRESENTATION. THAT'S THE GOVERNMENT ACCOUNTABILITY OFFICE DEFINITION 2017. I WANT YOU TO UNDERSTAND THAT YOU ARE WELL AWARE THAT NORTHEAST AUSTIN IS NOT BEING SERVED BY THE SYSTEM NORTH OF US. 180 3 ON JUNE 3RD, 2018, REMAP ELIMINATED NORTHEAST WEST CONNECTIVITY. ROBERTO GONZALEZ UNILATERALLY MADE THOSE DECISIONS DECEMBER 17TH, 2018. MAYOR, YOU TESTIFIED, AS DID OTHER ELECTED OFFICIALS BEFORE CAPITOL METRO, YOU ARE WELL AWARE THAT THIS SYSTEM IS NOT GOING TO SERVE BLACK PEOPLE WHO ARE WAITING 60 MINUTES FOR THE BUS. I WANT YOU TO UNDERSTAND THAT IT STARTS SOUTH OF US 180 3 IN CRESTVIEW AND YOU ARE WELL AWARE THAT IT'S 80% AREA MEDIAN INCOME IN THAT AREA, SPECIFICALLY APPROXIMATELY $65,000. I WANT YOU TO UNDERSTAND THAT YOU ARE USING THE NEGROES WITH THOSE ROUTES BEING SE SEVERED THE WAY THAT THEY ARE. THE SYSTEM IS ABLE TO DOUBLE COUNT US BECAUSE THEY HAVE AUTOMATIC PASSENGER COUNT. I WANT YOU TO UNDERSTAND THAT IT IS DISCRIMINATORY, IT ISN'T TEXT DOTS RIGHT AWAY AND I UNDERSTAND THAT, BUT YOU HAVE TO COORDINATE WITH TXDOT, BUT YET YOU CONTINUE TO IMPROVE THE SERVICE SOUTHWEST AND CENTRAL AND THE UNIVERSITY OF TEXAS AT AUSTIN AND DALLAS SPRINGS, HISPANICS AS IT RELATES SPECIFICALLY TO THOSE TWO CAC APPOINTMENTS. THAT'S COMMUNITY ADVISORY COMMITTEE. I WANT YOU TO UNDERSTAND THESE ARE NICE PEOPLE, I DON'T KNOW THEM, BUT SPECIFICALLY ON JULY 11TH, 2024, THAT'S WHEN NEFERTITI JACKMAN ACTUALLY SAID THAT ABOUT 10 DO $10 MILLION MORE WILL BE GIVEN TO THE SAME ORGANIZATIONS. LIFE ANEW IS GETTING $2 MILLION NOW FOR ANTI DISPLACEMENT IN NORTHEAST AUSTIN, YOU HAVE $1.5 MILLION TO MAMA ASANA. YOU HAVE 2.9 MILLION SOLE SOURCE, NO BID CONTRACT TO JOYCE JAMES, WHICH WAS FIVE YEARS FOR EQUITY FOR THE AUSTIN PUBLIC, UH, THE AUSTIN POLICE DEPARTMENT. YOU'VE HEARD FROM MANY CONSTITUENTS TODAY THERE ARE PROBLEMS WITH THE AUSTIN POLICE DEPARTMENT. WHAT IS SHE DOING AND WHERE IS THE RETURN ON INVESTMENT? IT IS DEEPLY DISTURBING MAYOR BECAUSE YOU ARE ACTUALLY SPENDING APPROXIMATELY $30,000 PER PERSON FOR RAPID REHOUSING. AT LEAST THAT'S WHAT THE HOMELESS WORK SESSION FOR THE BUDGET SPECIFIED. BUT YET, AND STILL YOU CAN'T SEEM TO FIND $1,353 FOR ME TO REPAY COMMISSIONER GERALD DAUGHERTY WHO PAID THE RENT. YOU CAN'T FIND $550 FOR ME TO REPAY THE FRIEND WHO ACTUALLY IN REAL TIME PUT MY THINGS IN STORAGE. I WANT YOU TO UNDERSTAND, MAYOR, THIS IS A BROKEN SYSTEM, BUT YET YOUR SOLUTION FOR THIS SYSTEM IS A $65 MILLION AMERICAN RESCUE PLAN ACT DEAL THAT YOU MADE WITH THE GOVERNOR TO WAREHOUSE 700 MORE PEOPLE NEXT TO CAMP ESPERANZA AS MITIGATION FOR I 35. I THINK YOU HAVE TO RECKON WITH THE FACT THAT YOU ARE NOT DOING RIGHT BY BLACK PEOPLE. I WANT YOU TO REMEMBER THAT THIS COUNCIL ON MARCH 4TH, 2021 [01:45:01] APOLOGIZE TO BLACK PEOPLE. THIS IS NOT SOMETHING I'M MAKING UP. THEY APOLOGIZE FOR THE INTENTIONAL DISCRIMINATION BUT YET INSTILL YOUR FOCUS IN THIS ITEMS TODAY. THE ITEMS TODAY ARE IMMIGRANTS, THE ASIANS, AND YOU HAVE IGNORED BLACK PEOPLE ONCE AGAIN, BUT YOU NEED US IN ORDER TO GET THE FEDERAL FUNDING. SO YOU HAVE ON THE BUDGET COVER A BLACK FEMALE. YOU KEEP USING BLACK PEOPLE AND IT IS DEEPLY DISTURBING. AND SO I REALLY DON'T KNOW WHAT IT WILL TAKE FOR YOU TO CHANGE THE WAY THAT YOU ARE RUNNING THE CITY. I GET IT RESPECTFULLY. A LEOPARD DOESN'T CHANGE ITS SPOTS. IT TOOK 30 YEARS TO GET A SIDEWALK FROM NORTH LAMAR TRANSIT CENTER TO AFFORDABLE HOUSING. I ANTICIPATE THAT YOU ARE NOT GOING TO CHANGE YOUR WAYS. IT IS DEEPLY DISTURBING TO REMEMBER THAT BETWEEN SAMSUNG AND APPLE, THERE IS NO TRANSPORTATION. I WOULD ASK YOU TO CONSIDER THE NEED TO PUT TRANSPORTATION THERE. THERE ARE THREE HBS THERE, 425 ACRE DEVELOPMENT EAST VILLAGE. BUT YET ON DECEMBER 8TH, 2022, THE COUNCIL WITH MAYOR ADLER ACTUALLY EXERCISED IMMINENT DOMAIN. YOU CANNOT GET TO SELF-SUFFICIENCY IF YOU CANNOT GET TO THE JOBS. AND SO I WANT YOU TO RECOGNIZE THAT ON JULY 27TH, 2020, THAT IS WHEN COUNCIL ACTUALLY VOTED TO ELIMINATE THE THREE METRO RAPIDS THAT WOULD'VE SERVED BLACK PEOPLE DECKER TO DOWNTOWN DESSAU TO A C, C HIGHLAND AND SAMSUNG TO APPLE. I WOULD ASK YOU TO RECOGNIZE THE NEED TO DO MORE FOR BLACK PEOPLE IN PARTICULAR AS IT RELATES SPECIFICALLY TO THE AUSTIN HOUSING FINANCE CORPORATION AGREEMENT, WHICH WILL COME UP LATER. IT'S $117 MILLION AND SPECIFICALLY I JUST WANT YOU TO RECOGNIZE THAT IS ACTUALLY ITEM ONE OH MM, THAT'S A GOOD QUESTION. IT'S ON THE AUSTIN HOUSING FINANCE CORPORATION AGENDA AS ITEM FOUR, BUT IT'S ALSO CROSS-REFERENCED IN YOUR AGENDA AS WELL. I WANT YOU TO RECOGNIZE MY OPPOSITION TO THAT ITEM IS BECAUSE PROJECT CONNECT IS MENTIONED THREE TIMES AT LEAST. BUT AGAIN, THE CONTRACTS, THERE'S A LACK OF TRANSPARENCY AS IT RELATES TO WHO HAS THE MONEY, WHO GETS TO BENEFIT FROM THE MONEY AND HOW ANYBODY UNDERSTANDS WHAT THE PROCESS IS. IT'S DEEPLY DISTURBING. MAYOR, HOW MANY MINUTES DO I HAVE REMAINING? YOU HAVE NINE MINUTES, 42 SECONDS. USED TO USE IT AND I KNOW YOU DO WELL, MAYOR, SINCE YOU MENTIONED IT, I JUST WANNA SAY THAT SPECIFICALLY AS IT RELATES TO THE BUDGET, SINCE I SEE THE, YOU KNOW, OUR NEW CITY MANAGER SITTING THERE, UH, SPECIFICALLY THE NORTHEAST AUSTIN DISTRICT PLAN IS A FARCE. IT ACTUALLY RELIES ON THE GREEN LINE. THE GREEN LINE IS ACTUALLY UNFUNDED AND AGAIN IT GOES BACK TO JUNE 6TH, 2023. AND SO MANAGER RESPECTFULLY, UH, YOU HAVE DONE A DISSERVICE TO OUR COMMUNITY BY INCLUDING THAT LANGUAGE IN THERE. THE $1.1 MILLION THAT SPECIFIED IN THE FY 2024 TO 25 BUDGET IS THE SAME INFORMATION THAT WAS SPECIFIED IN THE LAST BUDGET. AND SO THERE REALLY IS NO COMMITMENT TO BLACK PEOPLE. I KNOW THAT YOU ARE NEW, SO LET ME JUST SCHOOL YOU ON THE AREA THERE SPECIFICALLY CRAIG WOOD, THE BUS RUNS EVERY 60 MINUTES. IT HAS A DIMINISHED QUALITY OF LIFE FOR BLACK PEOPLE. IT IS INTERLINED WITH 2 37, WHICH GOES TO COMMUNITY FIRST VILLAGE. I WANT YOU TO UNDERSTAND THAT THERE ARE APPROXIMATELY 300 PLUS INDIVIDUALS THERE AND IN ORDER TO LIVE A COMMUNITY FIRST VILLAGE, YOU ACTUALLY HAVE TO HAVE A DISABILITY. I WANT YOU TO UNDERSTAND THAT WHEN CAPITOL METRO ACTUALLY ELIMINATES A BLOCK, MEANING THE BUS JUST DOESN'T COME, YOU HAVE INDIVIDUALS WHO ARE ACTUALLY SEATED IN THEIR WHEELCHAIR FOR TWO HOURS WAITING ON THE BUS. AND I WANT YOU TO RECOGNIZE SPECIFICALLY THAT AS IT RELATES TO THE AMERICAN RESCUE PLAN ACT FUNDING, THE CIVIL RIGHTS ASSURANCES SPECIFIES TITLE SIX OF THE CIVIL RIGHTS ACT OF 1964, FAIR HOUSING ACT OF 1968 AND IT ALSO SPECIFIES 5 0 4. IT SPECIFIES AMERICANS WITH DISABILITIES ACT. BUT YET STILL THIS COUNCIL KEEPS WANTING TO PROMOTE COMPACT AND CONNECTED. YOU WANT TO CONTINUE TO PROMOTE THE C COMPACT AND CONNECTED AS IT RELATES TO THE CITY, BUT I WANT YOU TO UNDERSTAND THAT IT IS INFREQUENT, UNRELIABLE, DISCONNECTED SERVICE FOR THE PEOPLE IN NORTHEAST AUSTIN, BUT THE PROPAGANDA SPECIFIED MORE FREQUENT, MORE RELIABLE, BETTER CONNECTED. WHICH, WHICH ITEM ARE YOU SPEAKING ON? UM, SPECIFICALLY MAYOR ITEMS 1 0 2, 1 0 3 AND 1 0 9. ALL SPECIFIED [01:50:01] PROJECT CONNECT. AND THEY'RE THERE IN DIFFERENT CAPACITIES AND SO I'M JUST PROVIDING THE CONTEXT. UM, AS I MENTIONED 1 0 9 IS PROJECT CONNECT AGREEMENT WITH AUSTIN TRANSIT PARTNERSHIP AND THE FUNDING COMES FROM CAPITAL METRO AS A WELL AS THE CITY OF AUSTIN 1 0 2 SPECIFIES TO APPOINTEES TO THE PROJECT CONNECT COMMUNITY ADVISORY COMMITTEE. AND RESPECTFULLY, THERE ARE NO PEOPLE WITH DISABILITIES THAT ARE VISIBLE ON THAT COMMITTEE. AND THE TWO PEOPLE THAT YOU'RE PUTTING ON THE COMMITTEE, IT IS BIASED BECAUSE BOTH OF THEM APPEAR TO BE PERHAPS YOUNG OR MILLENNIAL. I WANT YOU TO UNDERSTAND THAT YOU REALLY DON'T HAVE A TRANSIT DEPENDENT WRITER THAT'S ON THAT BOARD. AND SO AS I AM TELLING YOU ABOUT THE CONTEXT, I WANT YOU TO UNDERSTAND THAT IN THE LANGUAGE, IN THE BACKUP MATERIAL, IT SPECIFIES EQUITY. AND SO I AM TRYING TO MAKE THE POINT THAT IT IS AN INEQUITABLE SYSTEM AS IT RELATED SPECIFICALLY TO YOUR CONSOLIDATED PLAN. PROJECT CONNECT IS MENTIONED IN THERE AS WELL. AND SO MY TESTIMONY ACTUALLY JUST FOCUSES ON PROJECT CONNECT AND IT ALSO SPECIFIES, I KNOW YOU HAVE 1 42, UM, THAT'S THE ABORTION ITEM AND HUMAN RIGHTS. AND I JUST WANT TO SAY SPECIFICALLY UNIQUE JOBS AND YOU NEED TO BE ABLE TO GET TO THE JOBS. AND SO ONCE AGAIN, AS IT RELATES TO WOMEN IN PARTICULAR, YOU'RE PRIVILEGING WOMEN WHO EITHER DON'T WANNA HAVE THEIR CHILD, WOMEN WHO DO HAVE THEIR CHILDREN, BUT YOU HAVE NOTHING FOR SINGLE WOMEN. NOW I GET IT BECAUSE I AM WHO I AM. THE THREE COUNT 'EM 1, 2, 3. THE THREE SOCIAL WORKERS AT THE VETERANS AFFAIRS BUILDING ACTUALLY THEN WROTE AND SAID, ONE SAID YOU CAN'T USE ANTI DISPLACEMENT FUNDS. AND ANOTHER SAID, WE HAVE A SHELTER BED FOR YOU. REALLY? MAYOR, THAT'S IT. A SHELTER BED AT THE SALVATION ARMY. I'M NOT INTERESTED MARSHALING YARD WAREHOUSED. I'M NOT INTERESTED. SO WHAT I DID INSTEAD IS WHAT MANY PEOPLE DO. I WENT TO THE CHURCH AND I SLEPT ON THE BENCH IN THE PRAYER GARDEN. MY CASE WAS RETALIATORY. I FILED AN AUSTIN POLICE DEPARTMENT REPORT. SIX DAYS LATER, HILLTOP RESIDENTIAL RETAINED THE LAWYER WHO WRITES THE TEXAS ASSOCIATION APARTMENT GUIDES. THREE YEARS MAYOR. YET YOU HAVE ON THE AGENDA TODAY, MONEY'S ONLY FOR THE ASIAN AMERICAN QUALITY OF LIFE. PRO SE LITIGATION ASSISTANCE. YOU HAVE NO FUNDING FOR BLACK PEOPLE. NONE. I DON'T KNOW HOW MANY TIMES I HAVE TO TELL YOU THAT WE ARE SIX TIMES MORE LIKELY TO BE HOMELESS THAN OUR WHITE COUNTERPARTS. IF IT WAS IN THE REVERSE, WOULD YOU DO SOMETHING ABOUT IT? I'VE LEARNED A GREAT DEAL THROUGH THIS PROCESS. I'M NOT HERE TELLING YOU MY STORY FOR YOUR SYMPATHY. I WANT YOU TO FIX THIS SYSTEM AND TO PAIGE ELLIS, WE DON'T NEED ANOTHER ASSESSMENT FOR VETERANS, NOT ANOTHER STUDY. 562 PEOPLE TOOK THE LAST STUDY AND WHAT DID YOU DO WITH IT? NOTHING. WE DON'T NEED THE VETERANS TO JUST SIT ON ANOTHER COMMITTEE. WE NEED YOU TO KEEP US HOUSED. WE ARE THE ONES THAT SACRIFICE. SO YOU CAN ENJOY YOUR RIGHTS. AND PAIGE ELLIS THINKS THAT ALL WE NEED IS ANOTHER ASSESSMENT. A WAY TO CHECK THE BOX. NO, MAYOR AND I WENT TO THE VA AND YOUR STAFF DIDN'T EVEN ASK, DO YOU HAVE FOOD? DO YOU HAVE A PLACE TO PUT YOUR ITEMS? I DON'T THINK YOU UNDERSTAND. SO THE NEXT TIME I TESTIFY, I'LL SHOW YOU A PICTURE. I HAD MOVERS. BUT WHEN YOU'RE DEALING WITH A SLUM, LORD, THEY DON'T CARE ABOUT WHAT THE LAW SAYS. SELF-HELP EVICTION IS ILLEGAL IN TEXAS. IT DOESN'T MATTER. DO WE NEED SOME ASSISTANCE AS PRO SE LITIGANTS? OF COURSE WE DO BECAUSE TEXAS REAL GRAND LEGAL AID, ALL THEY DO IS TELL YOU TO MOVE. AND THIS LOTTERY, THAT'S NOT EQUITABLE. MAYOR, YOU ARE PUTTING PEOPLE ON THE STREET. EVERY TIME YOU TAKE ONE OFF THE STREET, YOU PUT ANOTHER ONE THERE. I AM TELLING YOU MY STORY SO YOU CAN FIX THIS SYSTEM BECAUSE IF IT HAPPENED TO ME, AS ENGAGED AS I AM, EDUCATED AS I AM, IT CAN HAPPEN TO ANYONE. [01:55:01] AND THAT IS WHY YOU SEE THAT BLACK PEOPLE ARE LANGUISHING AT BUS STOPS. BUT CAPITAL METRO'S SOLUTION IS SIMPLY TO TAKE THE AMENITIES AWAY, TO MAKE BLACK PEOPLE WALK MORE, WAIT LONGER. THAT'S NOT AN EQUITABLE SYSTEM. THE BUS RUNS TO THE UNIVERSITY OF TEXAS EVERY FIVE TO SIX MINUTES AND AT NIGHT 20 MINUTES. BUT IN NORTHEAST AUSTIN, BLACK PEOPLE ARE WAITING 60 MINUTES, 10 TIMES LONGER. AND YET CAPITOL METRO AND THE CITY OF AUSTIN WANTS US TO GET EXCITED BECAUSE THE METRO RAPID EXPO IS PLANNED FOR SPRING 2025. YOU'VE HAD A GREAT DEAL OF TIME TO DO SOMETHING ABOUT THIS PROBLEM, BUT YOU'VE DONE NOTHING. AND WE RECOGNIZE THAT HYDE PARK WAS DEVELOPED EXCLUSIVELY FOR WHITE PEOPLE. 1889 TO 1924. AND YES, MAYOR, IT IS GERMANE, IT IS STILL ON THE ITEMS RELATED TO PROJECT CONNECT $117 MILLION. MANDY DE MAYO IS ASKING YOU TO APPROVE TODAY FOR THE CITY TO OVERSEE THE FUNDING FROM AUSTIN HOUSING FINANCE CORPORATION. BUT YOU HAVE SEGREGATED THE CITY. WHERE IS THE ITEM FOR YOU TO DISPERSE WHERE PEOPLE LIVE? IT GOES AGAINST YOUR SMART POLICY. APRIL 20TH, 2000, IT WAS ENACTED. SAFE, MIXED INCOME ACCESSIBLE, REASONABLY PRICED, TRANSIT ORIENTED. BUT THE STAFF CONTINUES TO WAIVE THE TRANSIT PART. MIXED INCOME. IT'S NOT THERE EITHER. IT'S SEGREGATED. MAYOR, I THINK YOU KNOW AND I KNOW TOO. TWO, YOU ARE JUST RE CODIFYING THE 1928 CITY PLAN AND IT IS DEEPLY DISTURBING. AND I'M TELLING YOU THIS BECAUSE I KNOW YOU CAN SEE WHAT I SEE AND IF I CAN SEE IT, I KNOW OTHERS SEE IT TOO. I HAVE SOLUTIONS. THANK YOU. AND I THANK YOU FOR YOUR TIME. IF YOU HAVE ANY QUESTIONS, I'LL GLADLY ANSWER THEM. OUR LAST CONSENT SPEAKER IS DARREN THORNHILL ON ITEMS 1 43, GETTING THREE MINUTES. THAT WAS DARREN THORNHILL. CAN YOU SAY THE NAME AGAIN PLEASE? YEP. WE HAVE DARREN THORNHILL SPEAKING ON ITEM 1 43 WITH THREE MINUTES. AND THIS IS OUR LAST CONSENT SPEAKER. HI, MY NAME IS DARREN THORNHILL. I'M A REENTRY WORKER AT TEXAS HARM REDUCTION ALLIANCE. TODAY I WANNA SPEAK ON HOW I SUPPORT ATTORNEY AT FIRST APPEARANCE. WHILE YOU MAY ASK, I'M GONNA SPEAK FROM A PERSONAL EXPERIENCE. THIS EXPERIENCE HAPPENED ON AUGUST 22ND AT THE AUTO ZONE ON RIVERSIDE. I HAD JUST GOTTEN OFF WORK AND I WAS TRYING TO CHARGE MY PHONE. I WAS APPROACHED BY AN AUTOZONE EMPLOYEE WHO SAID, WE DON'T LET HOMELESS PEOPLE SIT IN HERE AND AND USE OUR ELECTRICITY. KEEP IN MIND, I'M AN ASSET TO THIS COMMUNITY. I SAID COUNTLESS LIVES EVERY SINGLE DAY. SO TO BE TREATED LIKE THAT WAS JUST UNFAIR. BUT WE'RE NOT JUST GONNA TALK ABOUT THE AUTOZONE EMPLOYEES, WE'RE GONNA TALK AWAY ABOUT THE WAY A PD TREATED ME. A PD WAS RESPONDING TO A CALL, AND I UNDERSTAND THAT WHEN A PD GOT THERE, I WAS IMMEDIATELY LAID DOWN ON THE HOT PAVEMENT. THIS IS AT FIVE O'CLOCK IN, IN THE AFTERNOON IN AUSTIN, TEXAS. I HAD AR FIFTEENS, I HAD NINE MILLIMETER PISTOLS ALL POINTED AT MY HEAD WITH NO CHANCE TO EXPLAIN MY SITUATION. I WAS THROWN IN THE BACK OF A POLICE CAR. THERE WERE MULTIPLE OFFICERS THERE WHO AGREED THAT I SHOULD NOT HAVE BEEN TAKEN TO JAIL. BUT BECAUSE ONE OFFICER SAID THAT I SHOULD, I WAS TAKEN TO JAIL. NOT ONLY WAS I TAKEN TO JAIL, BUT DURING MAGISTRATE COURT, I WASN'T GIVEN AN ATTORNEY. I WASN'T GIVEN A PR BOND. I HAVEN'T BEEN TO JAIL SINCE 2017. WHY I WAS DENIED A PR BOND. I DON'T KNOW. THE MAGISTRATE JUDGE DOESN'T KNOW AS WELL. HE SAID IT HIMSELF. AND I WOULD'VE HAD AN ATTORNEY PRESENT. WE WOULD'VE BEEN ABLE TO ARGUE THAT I NEEDED A PR BOND AND I WOULD'VE NEVER, EVER MADE IT DOWNTOWN TO GO TO, TO THE, TO THE JAIL AND EAT BOLOGNA, PEANUT BUTTER AND JELLY. IT'S JUST NOT RIGHT. IMAGINE SOMEONE WHO'S DOING SO GOOD IN COMMUNITY, HOW THEY'RE TREATING OTHERS WHO MAY NOT HAVE A VOICE, WHO MAY NOT HAVE SOMEONE TO SUPPORT THEM. AND THAT'S WHY I'M HERE TODAY IS TO SUPPORT AN ATTORNEY AT FIRST APPEARANCE. IT'S VERY, VERY, VERY IMPORTANT BECAUSE THERE'S NO WAY I SHOULD HAVE MADE IT TO THE JAIL. NO WAY. I SHOULD HAVE BEEN DENIED A PR BOND, WHAT I WAS CHARGED WITH TERRORISTIC THREAT. THAT'S A HE SAY, SHE SAY SITUATION. NOT ONE TIME DID THEY LOOK AT THE, UH, VIDEOTAPE FROM AUTOZONE, AUTOZONE TOTEM. THEY WOULD NOT BE ABLE TO SHOW THEM THE [02:00:01] VIDEOTAPE. SO WHY AM I GOING TO JAIL? WHEN, WHEN I HAD A WITNESS TO THE SITUATION, BUT ONE OFFICER HAD THE POWER, TOLD THE RULE FOUR OFFICERS AND SEND ME TO JAIL. SO PLEASE ATTORNEY AT FIRST APPEARANCE IS WHAT I SUPPORT. THANK YOU. Y'ALL HAVE A GREAT DAY. THANK YOU MEMBERS. THOSE ARE ALL THE SPEAKERS ON THE CONSENT AGENDA. UH, WHAT I RECOMMEND THAT WE DO AND WHAT WHAT I THINK WE OUGHT TO DO IS, UH, WE'RE NOW AT 12 O'CLOCK, WHICH IS OUR, WE HAVE PEOPLE HERE FOR OUR 12 O'CLOCK TIME CERTAIN. SO WHAT I WOULD SUGGEST WE DO IS THAT WE HOLD THE VOTE ON THE CONSENT AGENDA AFTER, UH, WE'VE HAD OUR 12 O'CLOCK TIME CERTAIN AFTER WE RECESS BRIEFLY FROM, UH, LIVE MUSIC. BUT WE COME BACK AT SAY ONE 10. AND AT ONE 10, THE FIRST THING WE'LL TAKE UP AT THAT POINT IN TIME IS THE CONSENT AGENDA. WHAT THAT WOULD ALLOW US TO DO, OF COURSE, IS ALSO ALLOW EACH MEMBER TO, TO SAY ANYTHING THAT THEY MIGHT WANNA SAY, BUT WE DON'T HAVE PEOPLE THAT HAVE SIGNED UP FOR A TIME CERTAIN, UH, HAVE TO WAIT ON US DOING THAT. SO UNLESS THERE'S OBJECTION, THAT'S WHAT WE'LL DO. WE WILL NOW GO, GO [12:00 PM - Public Communication: General] DIRECTLY TO OUR TIME CERTAIN OF 12 O'CLOCK, WHICH IS, UH, GENERAL PUBLIC COMMENT. AND, UH, SO I'LL TURN TO THE CLERK. UH, LET ME, LET ME JUST, UM, AS WE GO INTO THAT, UH, EACH PERSON WILL HAVE THREE MINUTES WHEN YOUR NAME IS CALLED AND, AND YOU HAVE THE LIST OF PEOPLE BECAUSE IT'S PEOPLE SIGN UP FOR THIS SO YOU KNOW WHAT ORDER YOU'RE IN. SO IF YOU WOULD GO AHEAD AND MAKE YOUR WAY TO THE FRONT SO THAT YOU'LL BE PREPARED TO SPEAK AND, AND, UH, BE ABLE TO STEP UP IMMEDIATELY WHEN YOUR NAME IS CALLED. BUT SHE'LL CALL THE NAMES IN AT LEAST, UH, THREE NAMES AT A TIME SO THAT YOU'LL, YOU'LL HEAR YOUR NAME AND THEN YOU CAN MOVE FORWARD. IN ADDITION TO THAT, UM, UH, I'M NOT GONNA GO THROUGH ALL OF OUR RULES, BUT IF YOU HAVE SIGNS, THE SIGNS NEED TO BE IN THE BACK OF THE ROOM AND NOT IN THE SEATS, THINGS OF THAT NATURE. AND, UH, HOPEFULLY WE'LL HAVE DECORUM AS WE MOVE FORWARD. IF YOU WOULD PLEASE START CALLING THE NAMES OF THE 12 O'CLOCK TIME CERTAIN PUBLIC COMMUNICATION. LEMME SAY ONE OTHER THING BEFORE WE DO THAT. UM, WE HAVE A NUMBER OF PUBLIC HEARINGS THAT ARE SCHEDULED AND WE'RE GOING TO, AS I SAID WHEN WE STARTED TODAY, BECAUSE OF THE NUMBER OF PEOPLE THAT HAVE SIGNED UP ON THOSE, WE ARE GOING TO TAKE THOSE IN THE ORDER. THEY ARE ON THE AGENDA, SO IF YOU'RE TRYING TO SCHEDULE YOUR TIME, PLEASE LOOK AT THAT, UH, THE ORDER. THEY ARE ON THE AGENDA. BUT IN ADDITION TO THAT, I KNOW THERE ARE A COUPLE OF PEOPLE THAT ARE HERE THAT WOULD'VE LIKED TO SPEAK ON THE CONSENT AGENDA, BUT THEY WERE HERE. BUT A COUPLE OF THESE PUBLIC HEARINGS ARE VERY SPECIFIC WITH REGARD TO THE RULES THAT NEED TO BE FOLLOWED BECAUSE OF THE NATURE OF THE PUBLIC HEARING. FOR EXAMPLE, IT INVOLVES A RATE CASE OR IT INVOLVES AN APPEAL TO THE COUNCIL. AND WE HAVE, WE HAVE RULES WE HAVE TO FOLLOW. SO TAKING PEOPLE OUT OF ORDER AT A DIFFERENT POINT IN TIME CREATES DIFFICULTY WITH US FOLLOWING OUR RULES RELATED TO THOSE PUBLIC HEARINGS. SO AGAIN, WE WILL COME BACK ON THE CONSENT AGENDA. WE WILL VOTE ON THE CONSENT AGENDA, BUT WE'RE GONNA GO TO THE PUBLIC COMMENT PERIOD, UH, THE, UH, THE 12 O'CLOCK TIME CERTAIN GENERAL PUBLIC COMMENT. THANK YOU. OUR FIRST SPEAKER IS KIM PONER WITH GLORIA CHOSKEY AND NER KECK. IF YOUR NAME'S BEEN CALLED, PLEASE COME FORWARD AND SIT ON THE FRONT ROW. THANK YOU. THANK YOU MAYOR AND CITY COUNCIL MEMBER FOR YOUR TIME. I'M A PROUD US CITIZEN WIFE OF A US MARINE VETERAN AND, UH, HAD THE HONOR OF BEING A US MILITARY SPOUSE AS A SMALL BUSINESS OWNER AND AUSTIN FOR 10 YEARS WILL CHILDREN IN A ISD. I'VE ATTENDED CITY MEETINGS SINCE DECEMBER AND WITNESSED THE INCREASED VIOLENCE AND TARGETING OF MY COMMUNITY. FIRST, I MUST ADDRESS THE ACTIONS OF PRO-PALESTINIAN ACTIVISTS, MANY OF WHOM HAVE BEEN SPEAKING TO THE COUNCIL FOR THE PAST YEAR. ON OCTOBER EIGHT, JUST ONE DAY AFTER THE MOST HORRIFIC MASSACRE OF JEWS SINCE THE HOLOCAUST BEGAN, THESE SAME ACTIVISTS GATHERED ON THE STEPS OF THE CAPITOL WHILE WE WERE MOURNING OUR FRIENDS AND FAMILY. THEY WEEKS BEFORE ANY MILITARY ACTIVITY IN GAZA WERE HOLDING PICTURES OF MURDERED ISRAELIS, SMILING AND JUSTIFYING THE ACTIONS OF HAMAS. THESE INDIVIDUALS ARE NOT ADVOCATING FOR CEASEFIRES, SOMETHING ISRAEL HAS AGREED TO MULTIPLE TIMES ONLY TO BE CONSISTENTLY REJECTED BY THE TERRORIST ORGANIZATION. HAMAS. INSTEAD, THEIR FOCUS APPEARS TO BE ON THE DESTRUCTION OF ISRAEL, CAUSING AS MUCH MENTAL AND PHYSICAL HARM TO JEWISH PEOPLE AS POSSIBLE AND GLORIFYING MURDER. RECENTLY WE'VE SEEN A RISE IN ANTISEMITIC THREATS IN AUSTIN, PARTICULARLY TARGETING JEWISH STUDENTS DURING UT PROTESTS. WHILE MANY OF THOSE INVOLVED WERE IN CHARGE, THEIR ACTIONS WERE SEVERE ENOUGH TO WARRANT ARRESTS, [02:05:01] INCLUDING CALLS FOR ADA, A CALL FOR THE VIOLENCE AGAINST JEWS AND THE ERASURE OF ISRAEL. THE SECOND ISSUE IS EQUALLY URGENT. I AM CALLING ON THE CITY TO OPEN A PROBE AND HOLD AUSTIN ISD ACCOUNTABLE AS WELL AS THE PRINCIPAL OF MCCALLUM AND LASA HIGH SCHOOLS FOR THEIR FAILURE TO PROTECT THE EMOTIONAL AND SOCIAL WELLBEING OF JEWISH STUDENTS. ON APRIL 29, ON THAT DAY, THE ADMINISTRATORS ALLOWED MINORS TO ENGAGE IN ANTISEMITIC BEHAVIOR THAT ENDANGERED JEWISH STUDENTS, AT LEAST FOUR JEWISH STUDENTS REQUESTED TRANSFERS TO OTHER HIGH SCHOOLS. AFTER THAT MCCALLUM HIGH SCHOOL PRINCIPAL WENT AS FAR AS STATING TO JEWISH MINOR STUDENT THAT THE CHANT FREE PALESTINE IS CATCHY AND SOMETHING THAT WOULD BE STUCK IN HIS HEAD THAT CAN CAUSE SIGNIFICANT EMOTIONAL HARM TO JEWISH STUDENTS, ESPECIALLY WHEN THE CHANT IS ASSOCIATED WITH A MOVEMENT THAT HAS BEEN LINKED TO ANTISEMITIC SENTIMENTS AND ASSOCIATED WITH THE HOSTILITY TOWARDS THEIR IDENTITY AND THE ROAD TRUST IN THE SCHOOL ENVIRONMENT. MOREOVER, THEIR BALANCE DISREGARD FOR LEGAL REQUIREMENTS SUCH AS OBTAINING PARENTAL CON CONSENT BEFORE ALLOWING MINORS TO LEAVE CLASS TO PARTICIPATE IN PRO-PALESTINIAN PROTEST DURING SCHOOL HOURS. MASKING IT AS A PROTEST OF PEACE IS DEEPLY CONCERNING AND NOT ONLY PUT STUDENTS AT RISK OF FACING MISDEMEANORS UNDER TEXAS EDUCATION LAW, BUT ALSO MISUSES GOVERNMENT RESOURCES FOR POLITICAL PURS PURPOSES. THIS SITUATION UNDERSCORES THE URGENT NEED FOR ACCOUNTABILITY TO PREVENT SUCH HARM FROM HAPPENING AGAIN. CALLING FOR THE ERASURE OF ZIONISM, WHICH REPRESENT JEWS WHO HAVE RETURNED TO THEIR ANCESTRAL LAND, REVIVED THEIR ANCIENT LANGUAGE, AND ESTABLISHED A HOMELAND ONLY. THANK YOU VERY MUCH FOR BEING HERE FOR GRAVITY. THANK YOU. THANKS MUCH. PLEASE COME FORWARD. IF YOUR NAME'S BEEN CALLED, FEEL FREE TO STEP TO THE MICROPHONE. NEXT WE HAVE GLORIA CHOSKEY WITH NER KISE AND LAYLA DECCA ONDECK. DEAR MAYOR WATSON, AN HONORABLE CITY COUNCIL, THANK YOU FOR THE OPPORTUNITY OF SPEAKING HERE TODAY. MY NAME IS GLORIA. I CARE ABOUT BEING A GOOD, A GOOD NEIGHBOR, AND A GOOD TAX PAYING CITIZEN. AS MY HUSBAND SAYS, I WAS NOT BORN IN TEXAS, BUT I WAS BORN TO BE A TEXAN. I WAS BORN IN ISRAEL AND MY FAMILIES FROM THE SOVIET UNION, MY GREAT GRANDPARENTS, WITNESSED AS KIDS HOW THEIR FAMILIES ARE BUTCHERED BY THEIR NEIGHBORS IN POGROMS, THIS IS A STORY THAT SHARED ACROSS ALL JEWS ALL AROUND THE WORLD. THROUGHOUT TIME DURING THE TEMPLE DAYS IN JERUSALEM WITH MASS JEWISH EX EXECUTIONS IN THE POMS OF 1941 IN BAGHDAD, THE HOLOCAUST, PITTSBURGH SYNAGOGUE SHOOTING OCTOBER 7TH AND THE LIST GOES ON. 10 YEARS AGO, I MOVED TO AUSTIN. AMERICA IS TRULY THE LAND OF OPPORTUNITIES. IMMIGRANTS LIKE MYSELF ARE INTEGRATED WITHOUT ABANDONING THEIR IDENTITIES. HERE I AM AN AMERICAN, TEXAN, JEWISH AND ISRAELI. AND FOR THAT I DO NOT WISH TO HARM OTHERS, INCLUDING PALESTINIANS. EVEN WITH POLITICAL DIFFERENCES, I CANNOT IMAGINE DECLARING MYSELF AS ANTIONE PERSON LIKE ANTI PALESTINIAN OR ANTI-RUSSIAN. SO WHAT MAKES SOMEONE OR EVEN WORSE, AN AMERICAN TO COME OUT PROUDLY AND SAY THAT THEY ARE ANTISEMITIC FOR? WE ALL KNOW THAT ANTI-ZIONISM IS ANTI-SEMITISM IN THE SKIES ATTEMPTING TO DENY JEWS FOR THE RIGHTS OF SAFETY AND SELF-DEFENSE. TODAY I AM NOT ASKING YOU TO TAKE A POLITICAL STANCE. I DO EXPECT YOU, HOWEVER, TO TAKE A STAND AGAINST HATRED. AS LEADERS, YOU MUST ENSURE THE SAFETY AND DIGNITY OF ALL YOUR CONSTITUENTS, INCLUDING JEWS. UNLESS YOU ARE LIVING UNDER A ROCK, YOU KNOW THAT WE ARE NOT FEELING SAFE. WE FEEL HOSTILITY IN THE VANDALIZED STREETS OF AUSTIN THAT CALLED TO HATE US. WE ARE AFRAID TO SEND OUR KIDS TO A ISD SCHOOLS. WE FEEL THAT OUR AGONY IS DISMISSED AND EVEN CELEBRATED BY THE AUSTIN HUMAN RIGHTS COMMISSION PROMOTING A CEASEFIRE RESOLUTION AND YOU ACCEPTING THE RESISTANCE PARTY THAT IS PLANNED TO BE HAPPENING ON OCTOBER 5TH IN THIS CITY HALL. I KNOW THESE ARE HARD TIMES, BUT WE'VE BEEN HERE BEFORE. WHEN OUR KIDS WILL ASK US ABOUT OCTOBER 7TH, WE WILL TELL THEM WHAT OUR PARENTS TOLD US. WE WILL TELL THEM NEVER AGAIN. AND IT APPLIES NOT ONLY TO JEWS, IT APPLIES TO ALL OUR NEIGHBORS, WHEREVER THEY ARE. AND NOT JUST TO ISRAELI, TO JEWISH ISRAELIS, BUT TO MUSLIMS AND CHRISTIANS AS WELL. WE WILL NEVER AGAIN ACCEPT TO STAND SILENT ALONG SOME BASELESS, MUCH HATRED AND IGNORANT VIOLENCE. [02:10:01] THANK YOU. OUR RULES DON'T ALLOW FOR THE HOLDING UP OF SIGNS IN YOUR SEATS. UM, SO I WOULD ASK THAT YOU NOT DO THAT. THANK YOU. THANK YOU MAYOR WATSON AND MEMBERS OF THE CITY COUNCIL. MY NAME IS NEIL KISH. AND I'M LEE. I LIVE IN DISTRICT 10. I URGE YOU TO KEEP THE PROPOSED CEASEFIRE RESOLUTION OF THE CITY COUNCIL AGENDA. I'M A PROUD AMERICAN AUSTINITE, ZIONIST, ISRAELI, AND JEW. I HAVE PERSONALLY EXPERIENCED HAMA HAVING LOST A FAMILY MEMBER IN 2000 TO A, TO A HAMA SNIPER TARGETING UNARMED ISRAELI CIVILIANS. AS AN EX SOLDIER AND OFFICER, I UNDERSTAND THE TO OF FOUR, I TRULY DO ON ALL SIDES THE BROKEN OUTS THE FEAR, THE NIGHTMARE FOR BOTH SIDE CIVILIANS HAVE. FROM OCTOBER 7TH UNTIL NOVEMBER 15, I WAS PART OF A TASK FORCE ACCESS HAMA DARK WEBSITES FOR, FOR EVIDENCE OF THE BRUTAL ACTIVITIES ON OCTOBER 7TH, WHAT I WITNESSED WAS HORRIFIC HAMA SOLDIERS KILLING, VAPING, BURNING ALIVE AND TORTURING INNOCENT PEOPLE, KIDS, BABIES, WOMEN, PARENTS, GRANDPARENTS, JUST BECAUSE THEY WERE JEWS. DURING THAT, THOSE ACTIONS, THEY LITERALLY LAUGHED AND PARTY. SINCE THEN, ISRAEL, ISRAELIS AND JEWS WORLDWIDE HAVE LIVED IN FEAR TO LIES SPURRED BY ANTISEMITIC AND AND POOR TERRORIST GROUPS. HERE IN AUSTIN WE HEAR DANGEROUS CALLS TO ELIMINATE JEWS AND ISRAEL LITERALLY BY ANY BEING NECESSARY, A REALLY CHILLING ECHO OF HISTORY. IF AUSTIN LEADERSHIP, WHICH IS YOU, UH, WILL ENDORSE THE LANGUAGE IN THIS RESOLUTION BY BRINGING IT TO THE AGENDA YOU'LL TAKING, YOU WILL BE TAKING SIDES IN A VERY COMPLEX CONFLICT AND ENDORSING VIOLENCE OVER DIPLOMACY. YOU WILL DETERMINE THAT ANY DISPUTE CAN BE RESOLVED BY BUTCHERING CIVILIANS ON PURPOSE. OUR CITY FACES CRITICAL CHALLENGES, HOUSING COSTS, RELIABLE ELECTRICITY IN OUR WINTER AND SUMMERS ROAD IMPROVEMENTS, ATTRACTING BUSINESSES AND IMPROVING EDUCATION. THESE ISSUES NEEDS YOUR FOCUS, NOT A RESOLUTION THAT WON'T IMPACT THE MIDDLE EAST, BUT COULD DIVIDE OUR COMMUNITY. IN A WORLD LACKING LEADERSHIP, I URGE YOU TO BE THE LEADERS WE NEED FOCUS ON HOSTING CHALLENGES AND UNITE OUR DIVERSE COMMUNITY TO KEEP OUR CITY AMAZING AND SPECIAL. AS TEXAS LEADERS SAM HOUSTON ONCE SAID, DO RIGHT AND RISK THE CONSEQUENCES, PLEASE DO THE RIGHT THING. STOP THE CEASEFIRE RESOLUTION DISCUSSION AND FOCUS ON WHAT AUSTIN TRULY NEEDS. A CITY WITH FEWER CHALLENGES WHERE EVERY CITIZEN FEEL SAFE. THANK YOU SIR, AND INCLUDED. THANK YOU, LAYLA DEBA, SHELLY SCHWARTZ AND RACHEL WILSON ON DECK. IF YOUR NAME'S BEEN CALLED, PLEASE COME FORWARD. READY? OKAY, LISTEN, WELL. ZIONISTS EXPELLED MY FAMILY AND CLOSE TO 1 MILLION PALESTINIANS FROM PALESTINE IN 1948 FORCING THEM TO IMMIGRATE. THAT IS WHY WE ARE HERE. YOUR SUPPORT FOR ISRAEL HAS MADE US AMERICANS. SO WHETHER YOU LIKE IT OR NOT OR WANT TO CALL IT A LOCAL ISSUE OR NOT, IT IS YOUR PROBLEM. 328 DAYS OF GENOCIDE AS THE A DL SPOUTS LIES THAT THEY CARE ABOUT SOCIAL JUSTICE AND PEACE. AND MAYOR WATSON FLAPS HIS LIPS AT THE DNC ABOUT DEMOCRACY AND AFFORDABILITY. IN AUSTIN, AUSTIN SCHOOLS FACE A BUDGET DEFICITS. FAMILIES CAN'T AFFORD HEALTHCARE AND HOUSING AND FOOD AND CONTINUE TO BEAR THE BRUNT OF INFLATION. MEANWHILE, US TAXPAYER FUNDS ARE STILL BEING SENT TO THE GENOCIDAL APARTHEID STATE OF ISRAEL. IN THE BILLIONS THE LEHE LAWS PROHIBIT PROVIDING MILITARY ASSISTANCE TO FOREIGN SECURITY FORCES THAT VIOLATE HUMAN RIGHTS WITH IMPUNITY. LOOK IT UP THE LEHE LAWS TO ISRAELI ZIONISTS IN THIS ROOM AND OTHERWISE IT IS NOT THE PALESTINIAN'S FAULT THAT ASSYRIANS AND ROMANS DESTROYED YOUR TEMPLE. IT IS NOT THE PALESTINIAN'S FAULT. THE GERMANS AND WESTERN RACISTS COMMITTED THE HOLOCAUST, YET ZIONISTS TAKE OUT THEIR PSYCHOPATHY ON PALESTINIANS THROUGH ZIONISM. TAKE YOUR ISSUES UP WITH GERMANY. WHEN THE LA CHARTER NETANYAHU SAY FROM THE RIVER TO THE SEA, THEY MEAN A GENOCIDE FROM THE EUPHRATES TO THE NILE RIVER PER THE GREATER ISRAEL PLAN. THEIR FINAL [02:15:01] SOLUTION, WHICH IS ONGOING IN GAZA AND NOW IN FORM OF A FULL SCALE ASSAULT ON THE WEST BANK AS OF TWO DAYS AGO, TO CHRISTIAN ZIONISTS WHO BELIEVE THAT ARMAGEDDON HINGES ON THE GATHERING AND MASS DEATH OF ALL JEWS IN PALESTINE FOR JESUS TO RETURN. YOU ARE THE ANTI-JEWISH ANTI-SEMITES NOT PALESTINIANS, BUT CLEARLY ZIONISTS DON'T CARE AS LONG AS IT FURTHERS THEIR COLONIAL AGENDA TO MUSLIM ZIONISTS. SHAME ON YOU. I'M LOOKING AT YOU ZHA FOR ETERNITY FOR ALLOWING THE HOLOCAUST TO GO ON THIS HOLOCAUST TO ALL THE CORRUPT POLITICIANS AND FOOLISH LIBERALS WHO REFUSE TO ACKNOWLEDGE THAT IT'S THE SAME FASC SYSTEM, RED OR BLUE, YOU ARE RESPONSIBLE FOR THE CURRENT HOLOCAUST IN GAZA UNLESS YOU BOYCOTT, DIVEST AND SANCTION, WE'RE NOT CALLING FOR A CEASEFIRE ANYMORE. BDSA LEGAL OBLIGATION AT EVERY LEVEL OF GOVERNMENT PER THE ICJ RULING. IN MAY, YOU ARE ACTIVELY AIDING AND ABETTING AND YOU ARE WORSE THAN THE GERMANS WHO REMAIN SILENT AS HITLER AND HIS RIFE ANNIHILATED EUROPEAN JEWS, ROMAS AND MILLIONS OF OTHERS. SEE THE NUREMBERG TRIBUNAL. IF YOU NEED A F*****G REFRESHER, IT IS ILLOGICAL TO INVADE AND OCCUPY ANYONE'S HOMELAND AND THEN SYSTEMATICALLY EXPEL RAPE AND TORTURE AND MASS MURDER AND THEN CRY FOUL WHEN THEY INEVITABLY RESIST. EXCEPT IN COLONIAL PROJECTS SUCH AS THIS COUNTRY, THE US WHO IS BUILT ON THE BLOOD OF NATIVES AND AFRICAN SLAVES PER THE HIGHEST COURT IN THE WORLD, THE ICJ, THIS IS ILLEGAL. YOU'LL ALL BE HELD, HELD, HELD TO ACCOUNT IN TIME. LET ME BE CLEAR, YOU ARE DOOMED. THANK YOU TO THE TRASH BIN. THANK YOU OF HISTORY LIKE THE NAZI, YOUR YOUR TIME IS UP, MAYOR WATSON, THAT WHY YOU DON'T SUPPORT THE RESOLUTION BUT TO STAND WITH ISRAEL. PLEASE PROCEED. THANK YOU MAYOR WATSON, COUNCIL MEMBER, THANK YOU FOR THE GIVING ME THE OPPORTUNITY TO SPEAK TO YOU TODAY. MY NAME IS SHELLI SCHWART AND I'M A PROUD TEXAN. I'VE BEEN LIVING HERE FOR MORE THAN 20 YEARS AND MADE AUSTIN MY HOME WHERE I RAISED MY FAMILY. I'M ALSO ONE OF THE LEADERS OF THE OF OUR ISRAEL COMMUNITY HERE, A COMMUNITY THAT IS GROWING AND MAKING A POSITIVE CHANGE ON AUSTIN ECONOMY. GROWTH AND PROGRESS. YOU MAY RECOGNIZE ON MY FACE, I HAVE BEEN COMING HERE FOR THE COUNCIL MEETING FOR THE LAST NINE MONTHS AND EVERY TIME I COME I SEE THE HATE, VIOLENCE AND ANTISEMITISM GROWING MORE AND MORE. SINCE OCTOBER LAST YEAR, I HAVE GOTTEN MANY CALLS FROM PARENTS AND COMMUNITY MEMBERS WHO DEAL WITH ANTISEMITISM IN THEIR KIDS', SCHOOLS, UNIVERSITIES, GYM, WORKPLACES, PARKS, AND EVEN IN THEIR OWN NEIGHBORHOODS. AN ISRAELI TEEN WHO WAS SHOUTED MURDERER IN A HIGH SCHOOL, A WALKOUT STUDENT CARRYING A SIGN SAYING FROM THE RIVER TO THE SEA PALESTINE WILL BE FREE, WHICH MEANS KILLING ALL THE JEWISH PEOPLE THAT LIVES IN ISRAEL. A JEWISH TEEN WHO WAS TOLD YOU ALL NEED TO DIE LIKE THEY KILLED YOU IN GERMANY OVER A GROUP CHAT AND THOSE ARE ONLY A FEW EXAMPLE OF WHAT WE ARE DEALING WITH. THIS IS NOT HOW I IMAGINE LIVING HERE IN AUSTIN, A CITY THAT IS VIBRANT FULL OF PEOPLE FROM DIFFERENT PLACES, ORIGINS, FAITHS, AND COLOR. I DO NOT FEEL SAFE HERE. MY COMMUNITY IS BEING ATTACKED ON A DAILY BASIS IN SCHOOLS, IN PUBLIC EVENTS, IN BUSINESSES, AND EVEN HERE IN INSIDE THE COUNCIL CHAMBERS. SAFE IS NOT JUST A MATTER OF PHYSICAL SECURITY, BUT ALSO THE SENSE OF SECURITY THAT ALLOWS US TO GO ABOUT OUR DAILY LIVES WITHOUT FEAR. GIVEN THAT PEOPLE HERE GO ABOUT THEIR DAILY LIVES, AFRAID MEANS THAT TERRORISM WON THE VERBAL VIOLENCE, THE ANTISEMITIC SIGNS, THE PHYSICAL THREAT THAT WE ARE FACING NEED TO STOP NOW. MAKE NO MISTAKE, THE HATE IS DIRECTED SPECIFICALLY TOWARDS OUR ENTIRE AFFILIATED JEWISH COMMUNITY. TALKING ABOUT THE RESOLUTION ON THE OTHER SIDE OF THE GLOBE JUST CREATES MORE DIVISION HERE IN AUSTIN AND MORE SAFETY CONCERN FOR OUR COMMUNITY. ANTISEMITISM IS NOT A TREND, IT'S A DISEASE, A CHRONIC ILLNESS OF SOCIETY. IT HAS SIMPLE PROBLEMS, IT AFFECTS OUR LIFE AND IT MUST BE TREATED. DEAR COUNCIL MEMBER, YOU WERE ELECTED TO TAKE CARE OF US AUSTIN RESIDENTS AND YOU NEED TO STAND UP AGAINST ANTISEMITISM AND THE HATEFUL RHETORIC LIKE WE JUST WITNESSED A STAND FIRM AGAINST BULLYING AND PROTECT OUR COMMUNITY FROM FURTHER DIVISION. THANK YOU. THANK YOU. WE HAVE ROCHELLE WILSON WITH LUI ABU AMARA, ASAF LERNER ON [02:20:01] DECK MURDER. IF YOUR NAME'S BEEN CALLED, PLEASE COME FORWARD. PLEASE START THE MEDIA I PROVIDED BEFORE STARTING MY TIME, ROCHELLE WILSON IN APRIL OF THIS YEAR, I CAME BEFORE THIS BODY AND TOLD Y'ALL THAT MY DREAM WAS TO WAKE UP AND HAVE THERE BE NO MORE MURDERED PALESTINIANS. EVERY DAY SINCE THEN, PALESTINIANS HAVE CONTINUED TO BE SLAUGHTERED WHILE YOU DRINK YOUR COFFEE IN THE MORNING. PALESTINIAN PRISONERS ARE BEING SODOMIZED, GANG RAPED AND TORTURED IN ISRAEL'S CONCENTRATION CAMPS WHILE YOU PUT YOUR CHILDREN TO BED. AT NIGHT, PALESTINIAN CHILDREN ARE HAVING THEIR LIMBS BLOWN OFF AND ARE DYING OF TREATABLE DISEASE AND FORCED STARVATION, A BEHEADED TODDLER'S BODY DANGLING FOR ALL THE WORLD TO SEE AHMED AL NIJAD SEVEN INTERNATIONAL AID WORKERS VICIOUSLY AND INTENTIONALLY MURDERED IN A GAME OF CAT AND MOUSE THAT SHOULD MAKE EACH OF YOU FEEL SICK. WORLD CENTRAL KITCHEN 355 BULLETS SHOT INTO A CAR THAT HELD A CHILD AND HER FAMILY. I'M SO SCARED. WILL YOU COME GET ME RAJAB. EARLIER THIS MONTH, FAMILIES GATHERED AT A SCHOOL FOR MORNING PRAYER AND THE IOF MASSACRED THEM, THEIR BODIES TORN TO SHREDS BY WEAPONS MANUFACTURED IN THE US AND GIFTED TO THE ISRAELI GOVERNMENT. A GOVERNMENT THAT HAS BEEN FOUND GUILTY OF WAR CRIMES AND APARTHEID BY THE ICC AND ICJ. THEIR BODY PARTS WERE THEN COLLECTED IN BAGS AND WEIGHED 15 TO 30 KILOGRAM. BAGS WERE LABELED AS CHILDREN AND BAGS WEIGHING 70 KG OR MORE WERE LABELED AS ADULTS. OVER 2000 POUNDS OF FLESH AND BONE COLLECTED IN BAGS AND CARRIED AWAY BY GRIEVING FAMILIES. I HEAR THAT IN GAZA THEY ARE RUNNING OUT OF BAGS TO PUT BODY PARTS IN. MEANWHILE, THIS BODY FAILED TO EVEN BRING A CEASEFIRE RESOLUTION TO THE AGENDA. APPARENTLY A GENOCIDE FUNDED BY US TAXPAYERS IS NOT A LOCAL ISSUE, BUT THERE IS NO ESCAPING THE FACT THAT IT WILL BE THE DEFINING ISSUE OF OUR TIME. HAVING OUR LOCAL LEGAL LEADERS CONDONE THE MASS SLAUGHTER OF PALESTINIANS THROUGH COWARDICE, COMPLICITY, AND SILENCE IS REPREHENSIBLE. A ISD IS RUNNING AT $119 MILLION DEFICIT. OUR CITIZENS ARE EXPERIENCING ROLLING POWER OUTAGES DURING THE HOTTEST WEEK OF SUMMER AND OUR STATE IS INVESTED IN ISRAELI BONDS TO THE TUNE OF A HUNDRED MILLION DOLLARS LABELED AS A PRUDENT FINANCIAL DECISION. MEANWHILE, THE ISRAELI ECONOMY CONTINUES TO PLUMMET BECAUSE GENOCIDE IS BOTH EXPENSIVE AND UNPOPULAR. WHICH ONE MATTERS TO YOU MORE? WHEN I LOOK AT THIS BODY THROUGH THE LENS OF ITS FECKLESS INACTION, IT IS WITH SHAME AND DISGUST. IF THIS BODY HAD EVEN A MODICUM OF DECENCY, OUR CITY WOULD ALREADY HAVE A CEASEFIRE RESOLUTION. WE WOULD BE ACTIVELY DIVESTING FROM THE WAR CRIMINAL THAT IS ISRAEL. WE WOULD BE PRESSURING DC FOR AN ARMS EMBARGO. THE REALITY IS THAT THIS BLI OF A CITY COUNCIL VALUES NOTHING BEYOND ITS ABILITY TO FILL THESE CHAIRS AND HOPEFULLY IT WILL BE YOUR LACK OF VALUES THAT UNAK UNSEAT YOU. SPEAKING OF WHICH SEATS UP FOR REELECTION THIS FALL INCLUDE DISTRICTS 2, 4, 6, 7 AND 10. AND DON'T WORRY, MR. WATSON, I DIDN'T FORGET YOU IN A RACE WHERE I ENTHUSIASTICALLY ENDORSED CARMEN'S MAYORAL CAMPAIGN. Y'ALL GO CHECK OUT CARMEN FOR MAYOR AND AS FOR THE REST OF YOU, I'LL SEE Y'ALL EVERY COUNCIL MEETING BETWEEN NOW AND NOVEMBER AND HOPEFULLY BY THAT TIME WE'LL GET SOME NEW FACES AROUND HERE. YOUR SILENCE IS VIOLENCE. ARMS EMBARGO. NEXT. THANK YOU. NEXT WE HAVE LU ABBU AMER WITH A SOFT LEARNER AND VALERIE MIC DECK. YES. HELLO, MY NAME IS LUBO RA. I'VE BEEN LIVING IN AUSTIN FOR 23 YEARS, PALESTINIAN AMERICAN LIVING IN DISTRICT SIX. I CAME HERE IN FEBRUARY AND MAY OF LAST YEAR TO TALK ABOUT PALESTINE. I WAS STATING FACTS FROM VARIOUS REPORTS ABOUT THE ISRAELI DEHUMANIZATION OF THE PALESTINIAN PEOPLE WHILE THE REPORTS AND IMAGES WERE SCREAMING FOR PEOPLE OF CONSCIOUS TO TALK TO TAKE ACTION. THIS CHAMBER CONTINUES TO STAY SILENT. IT IS NOT A MATTER OF TAKING SIDES. THERE ARE NO TWO SIDES. THERE IS A NUCLEAR POWER WITH AN ARMY, AN AIR FORCE, AND A NAVY SUBJUGATING PEOPLE WHO UNDER MANY YEARS OF OCCUPATION BLOCKADE AND NOW GENOCIDE ARE TRYING TO SURVIVE. CURRENTLY THERE ARE OVER A MILLION PEOPLE CONFINED IN AN AREA 40 KILOMETERS SQUARED IN THE GAZA STRIP CALLED OMO. FOR REFERENCE, ITS LENGTH IS EQUIVALENT TO THE DISTANCE COVERED BY AN AUSTIN 10 K. IT'S WITH APPROXIMATELY SPANS THE DISTANCE BETWEEN UT AUSTIN AND CITY HALL. AGAIN, MORE THAN A MILLION PEOPLE ARE CONFINED TO THIS AREA. [02:25:01] ALMO HAS NO INFRASTRUCTURE. THERE IS NO SPACE REMAINING FOR PEOPLE TO SET UP TENTS. PEOPLE ARE LITERALLY BEING PUSHED OUT TO THE SEA. YOU DO THIS TO PEOPLE WHEN YOU DO NOT VIEW THEM AS HUMAN BEINGS. IN THE MEANTIME, THE ISRAELI ARMY HAS CUT THE GAZA STRIP IN HALF. IT CREATED A CORRIDOR AND CALLED IT REM, A NOSTALGIC REFERENCE TO AN ISRAELI SETTLEMENT THAT WAS WAS DISMANTLED BACK IN 2005. IN THE PICTURE YOU SEE THAT THIS AREA USED TO CONTAIN FARMLANDS, ROADS AND NEIGHBORHOODS. NOW IT'S BARREN. IT LOOKS PRISTINE, SHOWING YOU WHAT ETHNIC CLEANSING LOOKS LIKE FROM SATELLITE. NOT EVEN RUBBLE IS VISIBLE, NOR THE BLOOD OR THE BONES THAT WERE MIXED WITHIN IT. AGAIN, THIS IS WHAT YOU DO WHEN YOU DO NOT REGARD OTHERS. AS HUMAN BEINGS, 170 CITIES IN THE US HAVE CALLED FOR CEASE FIRE. WHY IS AUSTIN NOT AMONGST THEM? WHAT POSSIBLE MORAL ARGUMENT CAN YOU HAVE FOR NOT DOING SO? IN MY PREVIOUS SPEECH, I SPOKE OF UN AND HUMANITARIAN AND ORGANIZATION REPORTS OF PALESTINIAN MISTREATMENT IN ISRAELI PRISONS WHERE HAS AN ACTION AND IMPUNITY LED US. YOU DO NOT HAVE TO READ REPORTS ANYMORE. YOU CAN SEE WITH YOUR OWN EYES. ISRAELI CCTV FOOTAGE FROM THEIR TORTURE CAMPS. WHEN THE ISRAELI GOVERNMENT DETAINED A COUPLE, A COUPLE OF THEIR OFFICERS THAT LITERALLY RAPED PALESTINIAN DETAINEES RISE RIOTS ERUPTED. KNESSET HELD TALKS ABOUT OFFICERS RIGHTS TO RAPE PALESTINIAN DETAINEES. LITERAL RAPISTS WERE INVITED TO ISRAELI TELEVISION WITH TV HOSTS MAKING A MOCKERY OF US CONGRESS AND WONDERING WHEN WILL THE RAPIST BE GIVEN A CHANCE TO SPEAK TO CONGRESS? EMBOLDEN SETTLERS NOW THREATEN PALESTINIAN MEN WITH RAPE IN THE WEST BANK. 65% OF THE ISRAELI POPULATION DO NOT THINK THE RAPIST SHOULD BE PERSECUTED. YOUR TIME IS EXPIRED. THANK YOU. A SOFT LEARNER. HI. HELLO. HI. TODAY. I STAND HERE BECAUSE LIKE MANY OF YOU I CALL AUSTIN HOME. MY NAME IS LERNER, FATHER OF FOUR. I'M NOT A POLITICIAN, I'M NOT AN ACTIVIST. I'M HERE BECAUSE I'M DEEPLY CONCERNED ABOUT THE DIRECTION OUR CITY IS TAKING. I'M HERE BECAUSE I'M AN AUSTINITE JEWISH, AN ISRAELI. I'M HERE ON BEHALF OF MY DAUGHTER, A HIGH SCHOOL SENIOR WHO WILL START COLLEGE NEXT YEAR. AND HONESTLY, I'M CONCERNED FOR HER SAFETY JUST BECAUSE SHE'S JEWISH. FOR MONTHS, I'VE SAT IN THESE CHAMBERS AND LISTENED TO THE LOUD ANTISEMITIC MOB BEHIND ME, DEMONIZE MY PEOPLE, MY DAUGHTER AND ME, AND THROW BRUTAL ACCUSATIONS AT THE MEMBERS OF THE CITY COUNCIL. IT'S BAFFLING HOUSE. SUCH ACTS OF HATRED AND AGGRESSION COULD POSSIBLY BENEFIT EVEN A SINGLE PALESTINIAN. HE HAD THE SAME VOICES, DIDN'T MARCH THE STREET WHEN 600,000 ETHIOPIANS LOST THEIR LIVES IN THE TIGRE WAR IN THE PAST YEARS OR TRIED TO AMP ON COLLEGE GROUND WHEN 400,000 PEOPLE WERE BRUTALLY MURDERED IN THE SOUTH SUDANESE CIVIL WAR. NO, THIS CONFLICT RESULTED IN FAR GREATER CASUALTIES THAN ISRAEL'S EFFORT TO DEFEND ITSELF AND FLEE HOSTAGES FROM GAZA. THAT SELECTIVE OUTRAGE AND BLUNT HYPOCRISY ARE A CLEAR SIGN THAT THE MAIN DRIVER HERE IS ANTISEMITISM. NO, PLEASE. AT THE BEGINNING OF OCTOBER, THANK YOU. AT THE BEGINNING OF OCTOBER, WE WILL COMMEMORATE THE BIGGEST MASSACRE TO THE JEWISH PEOPLE SINCE THE HOLOCAUST AND MOURN OUR DEAD AT THE SAME TIME. THERE WILL BE A MARCH FOR RESISTANCE IN AUSTIN THAT DAY. I WILL NOT BE ABLE TO TAKE MY 8-YEAR-OLD TWINS TO THEIR FAVORITE PLACES LIKE THE AUSTIN PUBLIC LIBRARY OR HAVE ICE CREAM. ICE CREAM AT THE SEA HOME DISTRICT. WHY? BECAUSE THERE WILL BE PEOPLE THERE WEARING MASKS, VIOLENTLY CALLING FOR THE ELIMINATION. WE WILL STAY HOME THAT DAY MAKING MARKING A SMALL VICTORY FOR THE ANTISEMITES AND ANOTHER STEP TOWARDS DARKER TIMES. WHERE IS MY FREEDOM? WHO IS TO PROTECT ME? THE CITY COUNCIL IS OBLIGATED TO PROTECT HIS CONSTITUENTS AND WE AUSTIN JEWISH AND ISRAEL COMMUNITY ARE AMONG YOUR CONSTITUENTS. WE ARE YOUR NEIGHBORS, YOUR FRIENDS, YOUR COLLEAGUES. WE CONTRIBUTE TO THE CITY COLORS AND BUSINESS CULTURE, WHICH MAKES AUSTIN SUCH A GREAT FAST GROWING TECH HUB. THE CONVERSATIONS WE HAVE IN THIS CHAMBERS MATTER. I EXPECT THE CITY COUNCIL TO STOP THE CIRCUS AND TO STOP THE PROMOTION OF THE CEASEFIRE RESOLUTION AND RESISTANCE MARCHES ACROSS THE CITY. IT PUTS FEARS IN PEOPLE'S HEARTS. IT IS TIME TO FOCUS ON IMPROVING THE LIVES OF YOUR CONSTITUENTS HERE IN AUSTIN, NOT IN THE MIDDLE EAST. THERE ARE MANY ISSUES THAT WE, THE TAXPAYER WOULD LIKE TO ADDRESS IN THIS MEETINGS THAT ATTRACTIVE MORE BUSINESSES TO TIME, PUBLIC PARTS, TRANSPORTATION, BUT HONESTLY ANY OTHER MATTER THAT WILL HELP YOU MAKE BETTER [02:30:01] DECISIONS FOR OUR CITY. THANK YOU SO MUCH. THANK YOU. VALERIE MIS WITH JESSICA BISHOP ON DECK. CAN YOU CALL THE NAMES AGAIN? VALERIE MICHEL LUCKY WITH JESSICA BISHOP ON DECK. GREAT. I'D LIKE TO START OFF BY SAYING THAT MANY OF THE STATEMENTS MADE BY ZIONISTS JUST BEFORE ME ARE WILDLY FALSE. ON FEBRUARY 15TH, I AND OTHER ACTIVISTS WERE ROBBED A FULL MINUTE OF SPEAKING TIME. THIS WAS NEVER PROPERLY ADDRESSED. I NEVER RECEIVED MY RIFLE TIME BACK TO COMPLETE MY STATEMENT DURING MY VERY BRIEF TWO MINUTE CALL OUT ON THIS PATHETIC COUNSEL, SEVERAL ZIONISTS BEHIND ME, WICKEDLY YAMMERED AND ABOUT NONSENSE LIKE KNITTING WHILE I SHARED THE DEVASTATING ACCOUNTS OF PALESTINIAN CHILDREN MURDERED BY ISRAEL AND THE STORY OF ZARIA DEWAR, THE PALESTINIAN VICTIM OF A VICIOUS HATE CRIME IN AUSTIN. JUST 10 DAYS PRIOR AFTER I LEFT THE PODIUM, AN ELDERLY MAN, A ZIONIST SITTING IN AN AISLE SEAT RIGHT OVER THERE, STRUCK ME WITH HIS PRO GENOCIDE POSTER. HE HIT ME WITH HIS SIGN WHILE SECURITY ESCORTED ME OUT. ZIONIST VIOLENCE GOES UNCHECKED EVERYWHERE. THESE ARE CLEARLY NOT ISOLATED INCIDENTS. YOUR APATHY AND DISINTEREST IN THE PALESTINIAN STRUGGLE CONTRIBUTES TO THE ACT OF DEHUMANIZATION OF PALESTINIANS AND PALESTINIAN AMERICAN PEOPLE AND ENABLES THE ZIONIST REGIME TO CARRY OUT THEIR GENOCIDE. AS I SPEAK, ISRAEL IS WAGING A FULL ON GENOCIDAL CAMPAIGN AGAINST PALESTINIANS AND GAZA AND THE LARGEST MILITARY INVASION THE WEST BANK HAS SEEN SINCE 2002. THE PRO-PALESTINE CONTINGENT HAS BEEN FACING BLATANT DISRESPECT, HATE, AND VITRIOL FROM ZIONISTS IN THESE CHAMBERS MEETING AFTER MEETING AFTER MEETING FOR MONTHS ON END, THE DEUS IGNORES US JUST LIKE THE DEUS IGNORES GENOCIDE. TAKE THIS IMAGE FOR EXAMPLE, WHERE PALESTINIANS STANDS BEFORE THE COUNCIL GIVING TESTIMONY OF THE TORTURE ENDURED BY HER PEOPLE IN GAZA. AS ALLISON ALTER LAUGHS WITH A COLLEAGUE, AN UTTER DISGRACE PUBLIC OPINION ON PALESTINE HAS SHIFTED IN FAVOR OF PALESTINE. THE WORLD OVER AND THE LEADERS OF OUR SO-CALLED PROGRESSIVE CITY ARE STILL DOUBLING DOWN ON ZIONISM. OUR MAYOR SHOOK THE BLOODIED HANDS OF GENOCIDE. JOE BIDEN, WHEN HE WAS IN TOWN AT THE END OF JULY AND CALLED IT AN HONOR. HOW MANY PALESTINIANS HAVE STOOD UP HERE BEGGING FOR THE COUNCIL TO SEE THEIR HUMANITY AS THEIR PEOPLE ARE MASS MURDERED IN THEIR HOME COUNTRY? OUR PLEAS FOR DIGNITY CONTINUE TO BE IGNORED BY OUR REPRESENTATIVES WHILE THEY INSIST THAT PALESTINE IS NOT A LOCAL ISSUE. HOW VERY DARE THEY TELL US A COMMUNITY THAT IS REELING FROM THE PAIN OF WITNESSING GENOCIDE THAT THIS IS NOT A LOCAL ISSUE? THIS IS A LOCAL ISSUE BECAUSE THERE ARE 13,500 PALESTINIAN AMERICANS IN EXILE IN TEXAS, A DIRECT RESULT OF THE ONGOING NAKBA ISRAEL'S ETHNIC CLEANSING CAMPAIGN AND THE FORCED TRANSFER OF PALESTINIANS FROM THEIR LAND FUNDED BY THE TAXPAYERS OF THE UNITED STATES. THIS IS A LOCAL ISSUE BECAUSE THERE ARE HUNDRED THOUSAND AMERICAN SETTLERS ILLEGALLY COLONIZING THE WEST BANK, MANY OF WHOM ARE FROM TEXAS. LIKE JONATHAN, GOODBYE, THE TEXAN CATTLE RANCHER WHO COSPLAYS AS A SOLDIER AND TEARS THROUGH PALESTINIAN VILLAGES NIGHTLY SETTLERS LIKE JONATHAN, ENJOY DUAL NATIONALITY AND MORE RIGHTS ACROSS TWO COLONIAL ENTITIES THAN PALESTINIANS ARE AFFORDED ANYWHERE. MAY YOU AND YOU ISTS MAY YOU NEVER KNOW. PEACE FREE PALESTINE, YOUR TIME IS UP. THANK YOU JESSICA BISHOP, BEFORE THE NEXT SPEAKER BEGINS, COUNSEL, UH, WHAT I WOULD ANTICIPATE IS THAT AT THE END OF OUR 12 O'CLOCK TIME, CERTAIN PUBLIC COMMUNICATION, WE WILL RECESS. THAT RECESS WILL BE UNTIL UH, WE'LL RECESS FOR LIVE MUSIC. THAT RECESS WILL BE UNTIL ONE 15, AND AT ONE 15 WE'LL RECONVENE AND WE'LL TAKE UP THE CONSENT AGENDA AT THAT POINT IN TIME. THANK YOU. SORRY TO INTERRUPT YOU. PLEASE GO AHEAD. SINCE NOVEMBER, I HAVE WATCHED MY COMMUNITY COME TO YOU WITH DEEP SORROW OVER A GENOCIDE THAT OUR COUNTRY IS A DIRECT SPONSOR OF AND HAS A LEGAL RESPONSIBILITY TO STOP. YOU HAVE A RESPONSIBILITY TO UNDERSTAND THE IMPLICATIONS OF THE RECENT ICJ RULINGS AND TO EXPLAIN TO YOUR CONSTITUENTS YOUR FAILURE TO JOIN THE MANY US CITIES WHO DO SUPPORT A CEASEFIRE IN PALESTINE. NO WISE COUNSEL OF ELDERS WITH ANY SHRED OF INTEGRITY COULD CONTINUE TO SIT HERE AND WATCH ITS COMMUNITY, BRING TESTIMONY AFTER TESTIMONY BEARING WITNESS TO THE UNJUST MURDER OF OUR HUMAN FAMILY AND SIMPLY DISMISS IT, NOT EVEN DIGNIFY US WITH AN ADEQUATE EXPLANATION. CLAIMING THIS IS NOT A LOCAL ISSUE, JUST SHOWS YOUR LACK OF CLEAR SIGHT AND HIGHLIGHTS WHERE YOUR TRUE LOYALTIES LIE. YOUR INABILITY TO RECOGNIZE THE INTERCONNECTEDNESS OF LOCAL, NATIONAL, AND GLOBAL ISSUES IS ASTOUNDING, AND [02:35:01] OUR LACK OF FAITH IN LOCAL AND FEDERAL GOVERNMENT TODAY IS SETTING AN INCREDIBLY DANGEROUS PRECEDENT. I WORK IN HEALTHCARE PRIMARILY IN MENTAL HEALTH, AND I CANNOT OVERSTATE HOW A VAST MAJORITY OF HEALTH ISSUES TODAY ARE A DIRECT REFLECTION OF LIVING IN A PROFOUNDLY SICK SOCIETY. FOR ALMOST A YEAR NOW, WE ARE SEEING THOUSANDS UPON THOUSANDS OF INNOCENT MEN, WOMEN AND CHILDREN IN GAZA BEING LITERALLY BLOWN TO UNIDENTIFIABLE PIECES OF FLESH MASS GRAVES UNCOVERED AT HOSPITALS AND COUNTLESS OTHER WAR CRIMES BE NORMALIZED AND Y'ALL CLAIM TO CARE ABOUT OUR MENTAL HEALTH. I CALL YOUR BLUFF AND I'M HERE TO STAND HERE TO STRONGLY REFLECT BACK TO THOSE OF YOU WHO HAVEN'T TAKEN ACTION ON THIS MATTER, THAT THIS IS OUT OF ALIGNMENT WITH YOUR ALLEGED VALUES AND IT CERTAINLY DOES NOT REFLECT OURS. IF YOU FAIL TO SEE THE BIG PICTURE ON ALL OF THE KEY ISSUES OF OUR TIME, YOU'RE NOT JUST IRRELEVANT, YOU ARE NOT FIT FOR THIS JOB. US OFFICIALS CONTINUE TO CALL FOR ISRAEL TO REDUCE CIVILIAN CASUALTIES WHILE SIMULTANEOUSLY SENDING OUR TAX DOLLARS AND MORE 2000 POUND BOMBS. THIS IS AN INSULT TO OUR INTELLIGENCE AND THIS IS ABUSER LEVEL GASLIGHTING THAT IS UNBEARABLE. FOR THOSE OF US WHO ARE INFORMED ABOUT THE ROOT CAUSES OF THIS ISSUE PRIOR TO OCTOBER 7TH AND WHO HAVE A CONSCIENCE, THE SIDES YOU SEE IN THIS ROOM AND ON THE STREETS ARE NOT JUST REPRESENTATIVE OF TWO FLAGS. WE DO NOT HATE OUR JEWISH FAMILY. THE SIDES ARE NOT JUST DEFINED BY RELIGION, ETHNICITY, NATIONALITY, OR SKIN COLOR, BUT RATHER BY THOSE WHO KNOW IN THEIR HEARTS THAT WHAT IS HAPPENING IS WRONG. IT IS MORALLY REPREHENSIBLE AND HISTORY WILL JUDGE IT AND THOSE WHO REMAIN SILENT AS SO YOU WON'T AFFECT MEANINGFUL CHANGE. SO I SAY TO THE PEOPLE, A CEASEFIRE IS NOT ENOUGH. ARMS EMBARGO NOW ENDS THE OCCUPATION FREE PALESTINE. THAT CONCLUDES ALL NEW PUBLIC COMMUNICATION MEMBERS. THAT CONCLUDES ALL THE PEOPLE THAT HAVE SIGNED UP TO SPEAK IN THE CI, THE 12 O'CLOCK TIME CERTAIN PUBLIC COMMENT. SO WITHOUT OBJECTION, THE AUSTIN CITY COUNCIL WILL BE IN RECESS UNTIL ONE 15. IT IS NOW 12:37 PM THANKS. IS THIS IS THIS MIKE ON? LET ME KNOW WHEN YOU'RE READY. ALL RIGHT. [Live Music Farmer’s Wife] HEY EVERYBODY, THIS IS LIVE SESSIONS. CITY HALL SESSIONS LIVE FROM AUSTIN, TEXAS. TODAY WE HAVE FARMER'S WIFE. THIS IS A, THIS IS A, AND THIS IS A NEW TERM FOR ME, BUBBLE GRUNGE, ROCK BAND, FARMER'S WIFE, I LOVE THAT TERM, MATERIALIZED IN AUSTIN, TEXAS IN SEPTEMBER, 2021, FORMERLY KNOWN AS SLUDGE, THE QUINTET, JUDE HILL, WOO BUBBLE, MOLLY MASSON, JAYLEN VALERO. THE FANS ARE IN THE HOUSE, JACOB MASSON AND DEREK IVY. THESE FOLKS ARE KNOWN FOR THEIR SPLINTERING, RIFFS, TWISTED TAILS AND HAUNTING PERFORMANCES FULL OF NOSTALGIA FOR NINETIES ALTERNATIVE ROCK. YOU MAY FIND YOURSELF AT A FARMER'S WIFE SHOW MOSHING SWAYING, THINKING ABOUT YOUR EX AND PONDERING THE DEEPER MEANINGS OF LIFE. I GIVE YOU FARMER'S WIFE. WE WROTE THIS SONG AS ROE V. WADE WAS BEING OVERTURNED. WE WOULD LIKE TO THANK THE CITY OF AUSTIN FOR SUPPORTING LOGISTICAL SUPPORT SERVICES FOR ABORTION AND THANK THE AUSTIN FOR PALESTINE COALITION FOR THE WORK BEING DONE TO SPREAD AWARENESS ABOUT THE CONTINUOUS INJUSTICES IN GAZA. THIS SONG IS ABOUT THE WICKED WITCH OF THE SOUTH. THIS IS GREG ABBOTT'S MAXI PAD [02:41:16] ALONE. I'LL AWAY THE THANK YOU VERY MUCH FOR FARMER'S WIFE. WELL, THANK YOU SO MUCH. I'VE GOT A PROCLAMATION HERE FOR Y'ALL IF YOU WANNA COME GATHER AROUND AND I'LL READ IT FOR YOU AND, BUT YOU HAVE IT HERE. THERE YOU GO. FARMER'S WIFE DAY PROCLAMATION, BE IT KNOWN THAT WHEREAS THE CITY OF AUSTIN, TEXAS IS BLESSED WITH MANY CREATIVE MUSICIANS WHOSE TALENT EXTENDS TO VIRTUALLY EVERY MUSICAL GENRE, INCLUDING BUBBLE GRUNGE, . AND WHEREAS OUR MUSIC SCENE THRIVES BECAUSE AUSTIN AUDIENCES SUPPORT GOOD MUSIC PRODUCED BY LEGENDS, OUR LOCAL FAVORITES AND NEWCOMERS ALIKE. AND WHEREAS WE ARE PLEASED TO SHOWCASE AND SUPPORT OUR LOCAL ARTISTS NOW, THEREFORE, I LESLIE POOLE AS MAYOR PRO TEMA, THE CITY OF AUSTIN ON BEHALF OF KIRK WATSON, THE MAYOR, AND THE ENTIRE AUSTIN CITY COUNCIL AS THE CITY COUNCIL OF THE LIVE MUSIC CAPITAL DO HEREBY PROCLAIM AUGUST 29TH, 2024 AS FARMER'S WIFE DAY IN AUSTIN. CONGRATULATIONS. THANK YOU ALL. LET'S GET SOME PICTURES. WHO ALL WANTS TO BE IN SOME PICTURES? , THANK YOU. THANK YOU SO MUCH. THANK YOU SO MUCH. UH, IT'S 1:15 PM UM, GOOD AFTERNOON EVERYBODY. IT'S ONE 15 ON AUGUST 29TH, 2024. I WILL CALL BACK TO ORDER THE AUSTIN CITY COUNCIL MEETING. WE ARE STILL MEETING IN CITY COUNCIL CHAMBERS LOCATED, UH, IN, UH, THE CITY HALL AT 3 0 1 WEST SECOND STREET IN AUSTIN. UM, MEMBERS, [Consent Agenda] AS I INDICATED, WE WOULD TAKE UP, WE WOULD TAKE UP THE CONSENT AGENDA. THE ORDER I'LL GO IN IS, UH, TO ASK FIRST IF THERE'S ANYONE, UH, THAT WISHES TO PULL AN ITEM OFF THE CONSENT AGENDA. THE ONLY ITEM THAT HAS BEEN PULLED OFF OF THE CONSENT AGENDA, UH, IS 1 0 5 SO FAR, BUT IF ANYBODY HAS AN ITEM THEY WISH TO PULL OFF, UH, THEY CAN DO THAT NOW. OR AFTER WE HAVE DISCUSSION, WE WILL GO TO DISCUSSION AND THAT WILL BE AN OPPORTUNITY FOR MEMBERS OF THE COUNCIL TO MAKE, UH, COMMENTS, UH, ABOUT [02:45:01] DIFFERENT ITEMS THAT ARE ON THE AGENDA. I WILL THEN CALL FOR ANY ABSTENTIONS, ANY RECUSALS AND ANY NO VOTES, AND I WILL READ INTO THE RECORD, UM, NO VOTES THAT I'M CURRENTLY AWARE OF WITH THAT, UH, I WILL ALSO SEEK A MOTION TO ADOPT THE CONSENT AGENDA. BUT LET ME ASK THE QUESTION. ANYBODY ELSE HAVE ANY ITEM THEY WANT TO PULL OTHER THAN ITEM 1 0 5? ALRIGHT, COUNSEL MEMBER FUENTES MOVES APPROVAL OF THE CONSENT AGENDA AS READ, SECONDED BY COUNCIL MEMBER CADRE. I WILL NOW CALL FOR DISCUSSION AND, UH, I'LL CALL ON THE MAYOR PRO TEM, FOLLOWED BY COUNCIL MEMBER RYAN ALTER AND THEN FOLLOWED BY COUNCIL MEMBER ALLISON ALTER. THANKS, MAYOR. I HAD A COUPLE OF THINGS TO SAY ON A COUPLE OF ITEMS. UH, FIRST OFF, ITEM 1 0 8 IS THE, UM, JOHN GILLUM BRANCH LIBRARY RENAMING FROM THE NORTH VILLAGE BRANCH LIBRARY. I AM SO PLEASED TO NOTE PASSAGE OF ITEM 1 0 8 THAT RENAMES DISTRICT SEVEN'S NORTH VILLAGE LIBRARY IN HONOR OF ONE OF AUSTIN'S MOST DEDICATED PUBLIC LIBRARY CHAMPIONS, JOHN GILLUM, WHO RETIRED A FEW YEARS AGO AFTER SERVING NEARLY 40 YEARS WITH THE DEPARTMENT. IF YOU DON'T RECOGNIZE HIS NAME, SURELY YOU WILL RECOGNIZE HIS GOOD WORK WHEN YOU VISIT OUR CROWN JEWEL AUSTIN CENTRAL LIBRARY. JUST A FEW BLOCKS FROM HERE. JOHN SERVED IN MANY ROLES AT AUSTIN PUBLIC LIBRARY, THE LAST OF WHICH WAS AS THE FACILITIES PROCESS MANAGER OVERSEEING THE PLANNING, DESIGN AND CONSTRUCTION OF LIBRARIES FOR THE CITY AND SPECIFICALLY THE CENTRAL LIBRARY. IT TOOK DEDICATED TEAMWORK TO BUILD THE BEAUTIFUL, THE BEAUTIFUL SPACE AT THE CENTRAL LIBRARY, BUT IT TAKES AN INSPIRING LEADER LIKE JOHN GILLUM TO TRANSFORM THE COMMUNITY'S VISION INTO WHAT IS NOW AUSTIN'S HEART OF SHARED LEARNING, INNOVATING AND GATHERING. SO, MY CONGRATULATIONS TO JOHN FOR THIS HONOR AND MY THANKS FOR HIS MANY YEARS OF SERVICE. ITEM 1 38, I WANTED TO BRING ATTENTION TO THIS ITEM, WHICH INITIATES A BOND ELECTION ADVISORY TASK FORCE. UH, YOU WILL ALL SEE THERE'S A VERSION TWO, WHICH ADDED THE AUSTIN TRAVIS COUNTY FOOD POLICY BOARD TO A LIST OF BOARDS AND COMMISSIONS TO CONFER WITH. THE RESOLUTION WILL ALLOW FOR A COMPREHENSIVE BOND PROCESS THAT GIVES THE PUBLIC A CHANCE TO WEIGH IN ON THESE IMPORTANT ITEMS BEYOND THE CLIMATE CONVERSATION, WHICH HAS A BROAD APPLICATION FROM INFRASTRUCTURE TO FOOD POLICY. THE TASK FORCE WILL LOOK AT HOUSING, TRANSPORTATION, DRAINAGE, LIBRARIES, AND OTHER AREAS IN NEED OF FUNDING. THE RESOLUTION DOES REQUIRE A PRETTY QUICK TURNAROUND, SO THE TASK FORCE CAN BEGIN MEETING THIS OCTOBER, OCTOBER 1ST AND HAVE INITIAL RECOMMENDATIONS BY NEXT JULY. SO I URGE ALL OF MY COLLEAGUES ON THE DAES TO BE AWARE OF THOSE TIMELINES. TO MAKE YOUR APPOINTMENTS, YOU WILL BE APPOINTING TWO, UH, TWO NOMIN. YOU WOULD BE MAKING TWO NOMINATIONS FOR APPOINTMENT EACH. UH, AND DUE TO THE SHORTENED TIMELINE, I PLAN TO BRING MY NOMINEES ON THE SEPTEMBER 12TH COUNCIL AGENDA. AND THEN I THINK MY LAST ITEM MAYOR HAD TO DO WITH A WAIVER, A FEE WAIVER FOR THE OVERTON FAMILY UNITY DAY. AND I WOULD BE HAPPY TO, UM, PONY UP FOR THE REMAINING AMOUNT THAT IS DUE, UH, IN THE STAFF UTILITY FEES THAT HAVE NOT BEEN WAIVED. I THINK IT'S 5 76 AND 6 CENTS. WELL, THAT, YEAH, THAT'S, THAT'S VERY IMPORTANT. UM, THANK YOU, SIR, THAT ATTENTION TO DETAIL. THANK YOU. UH, THANK YOU MAYOR PRO TIM. UH, I'LL CALL, I'LL RECOGNIZE COUNCIL MEMBER RYAN AL ALTER, FOLLOWED BY COUNCIL MEMBER ALLISON AL ALTER. AND THEN COUNCIL MEMBER KELLY. THANK YOU VERY MUCH, MAYOR. UH, FIRST I'D LIKE TO BE ADDED AS A CO-SPONSORS TO ITEM ITEMS 1 34 AND 1 43. PLEASE, WITHOUT OBJECTION, COUNCIL MEMBER RYAN ALT ALTER WILL BE SHOWN AS A CO-SPONSOR OF 1 34 AND 1 33, DID YOU SAY? 1 43? 1 43. AND THEN JUST WANT TO SAY A BRIEF WORD ABOUT ITEMS TWO 13 AND TWO 14. UH, THESE ARE CONTRACTS TO HELP US LOOK AT PROVIDING SERVICES TO OUR UNHOUSED NEIGHBORS A LITTLE DIFFERENTLY, A LITTLE MORE, UH, INNOVATIVE USING TECHNOLOGY SOLUTIONS. AND SO I WANNA THANK THE HOMELESS STRATEGY OFFICE FOR THEIR WORK ON THIS. I'M REALLY EXCITED TO SEE WHAT RESULTS THESE ARE GOING TO YIELD. I THINK THAT IF WE ARE ABLE TO START THINKING DIFFERENTLY, WE MIGHT SEE SOME DIFFERENT RESULTS AS IT COMES TO PROVIDING SERVICES TO, UH, THE UNHOUSED COMMUNITY IN THIS, IN THIS, UH, AREA. AND SO I'M REALLY EXCITED THAT THESE CONTRACTS ARE GOING OUT THE DOOR AND OVER THE NEXT YEAR TO SEE WHAT THE, THE RESULTS ARE SO THAT HOPEFULLY WE CAN BUILD ON THE SUCCESSES AND BE ABLE TO, UH, PROVIDE SERVICES IN A NEW WAY, A MORE EFFECTIVE WAY WHEN NECESSARY. SO, THANK YOU. THANK YOU. COUNCIL MEMBER. COUNCIL MEMBER ALLISON ALTAR, FOLLOWED BY COUNCIL MEMBER KELLY. THEN COUNCIL MEMBER FUENTES. GOOD AFTERNOON. I'D LIKE TO START WITH A POINT OF PERSONAL PRIVILEGE. TODAY IS THE [02:50:01] LAST COUNCIL MEETING FOR ONE OF MY STAFF MEMBERS, MINA SHACHI. AND I WOULD LIKE TO ASK YOU TO JOIN ME IN THANKING MINA FOR HER SERVICE AND HER FRIENDSHIP. SHE'S BEEN ON MY STAFF FOR FIVE YEARS, UM, AND IT'S BEEN A JOY TO WORK WITH YOU MINA, AND, UM, YOU HAVE CONTRIBUTED IN MANY, MANY DIFFERENT WAYS OVER THE YEARS. MINA HAS SERVED MANY DIFFERENT ROLES. RIGHT NOW, SHE'S MY COMMUNICATIONS COORDINATOR AS WELL AS STAFFING ME FOR AUSTIN WATER. SHE WAS INSTRUMENTAL IN OUR WORK, IN OUR COVID RESPONSE, AS WELL AS IN OUR WORK TO ADDRESS SEXUAL ASSAULT, UM, RESPONSE, AND MANY, MANY OTHER THINGS THAT IF I WAS FEELING BETTER, I WOULD BE ABLE TO LIST A LOT BETTER. UM, BUT THANK YOU MINA, FOR YOUR WORK. NEXT WEEK WILL BE HER LAST WEEK AT CITY HALL, SO PLEASE MAKE SURE THAT YOU STOP BY. UM, AND THANK MINA AS WELL. I WISH YOU WELL MINA IN LAW SCHOOL AND IN YOUR FUTURE ENDEAVOR. SO THANK YOU. UM, WITH RESPECT TO THE CONSENT AGENDA, THIS IS, AS WE KNOW, A VERY, VERY LARGE AGENDA. I THINK IT'S PROBABLY THE LARGEST I'VE SEEN IN MY EIGHT YEARS ON COUNCIL, AND ANY NUMBER OF ITEMS COULD BE HIGHLIGHTED, INCLUDING SEVERAL FROM SOME OF MY COLLEAGUES. I DO WANNA FOCUS MY COMMENTS ON TWO ITEMS IN PARTICULAR. UM, THE FIRST IS ITEM 21, WHICH EXTENDS A CONTRACT WITH TOGETHER FOR CHILDREN, UM, FOR CHILDCARE WORKFORCE TRAINING LEADERSHIP PROGRAM, AND 53, WHICH EXTENDS TO CONTRACTS FOR WORKFORCE DEVELOPMENT WITH CAPITAL IDEA AND SCALE POINT ALLIANCE. UM, FIRST I WANNA HIGHLIGHT THAT THESE ARE GREAT PROGRAMS AND I'M VERY PLEASED TO SEE THE CITY CONTINUE TO INVEST IN THESE PROGRAMS. SECONDLY, I WANNA THANK, UM, SOVIA AND VERONICA FOR WORKING WITH ME IN MY OFFICE TO GAIN GREATER CLARITY ON THE PLAN MOVING FORWARD WITH RESPECT TO WORKFORCE DEVELOPMENT AND SPECIFICALLY THE CONTRACT. UM, FOR CAPITAL IDEA, UM, THESE CONTRACTS ARE BEING EXTENDED IN ANTICIPATION OF AN RFP FOR WORKFORCE DEVELOPMENT THAT WILL LAUNCH IN 2025. I WANTED TO FLAG THIS BECAUSE I REALLY WANNA ENCOURAGE MY COLLEAGUES AND THE CITY MANAGER TO INVEST FURTHER RESOURCES, UM, IN WORKFORCE DEVELOPMENT AND ANTICIPATION OF THIS RFP GOING OUT NEXT YEAR. UM, THAT IS GONNA TAKE SOME PREPARATION AND WORK TOWARDS THE NEXT BUDGET. UM, BUT THESE ARE REALLY, REALLY VALUABLE PROGRAMS THAT ARE MAKING A DIFFERENCE IN PEOPLE'S LIVES AND TRANSFORMING THEIR TRAJECTORIES. UM, AND WE KNOW THAT THEY WORK AND WE SHOULD BE MAKING, UM, ADDITIONAL INVESTMENTS IN THIS AREA. UM, WITH THE NEW DIVISION THAT WE HAVE WITHIN EDD, UH, WE NEED TO MAKE SURE THAT THEY HAVE THE RESOURCES TO TAKE ON THE TASKS AND ACHIEVE THE GOALS THAT WE ARE SETTING FOR THEM. AND THEN FINALLY, UM, I WOULD LIKE TO BE SHOWN ABSTAINING ON ONE 12, WHICH IS THE ADJUSTMENTS TO THE PARKLAND DEDICATION FEES. UM, WE HAVE A, A GROUP OF LOCAL DEVELOPERS WHO LOBBIED THE STATE TO MAKE SURE THAT THEY DID NOT HAVE TO CONTRIBUTE, UM, THEIR FAIR SHARE OF OUR PARK FEES TO MAKE SURE THAT WE COULD ACCOMMODATE THE DEVELOPMENT THAT THEY WERE BRINGING, UM, WHEN THEY DIDN'T GET WHAT THEY WANTED, UM, AFTER THEY CHANGED THE FORMULA, UM, EVEN THOUGH THAT ALSO DRASTICALLY REDUCED THE FEES, THEY WENT TO THE ATTORNEY GENERAL AND ASKED FOR A RECALCULATION OF THE CALCULATIONS. UM, AND I WILL JUST NOT LEND MY SUPPORT, UM, TO THESE KINDS OF SHENANIGANS THAT REALLY UNDERMINED, UM, THE QUALITY OF LIFE OF OUR AUSTINITES. I KNOW THAT WE HAVE TO ADOPT THIS BY LAW, BUT, BUT I, I'M NOT WILLING TO PUT MY NAME TO IT. THANK YOU. COUNCIL MEMBER KELLY, FOLLOWED BY COUNCIL MEMBER FUENTES, AND THEN COUNCIL MEMBER CADRE. THANK YOU, MAYOR. I WANNA BRIEFLY DISCUSS MY ITEMS ON TODAY'S AGENDA. FIRST ITEM ONE 40 IS FOR AN EXISTING BUT UNDEVELOPED PARK IN DISTRICT SIX, KNOWN AS THE TRIANGLE PARK. UM, AS MANY OF YOU MAY REMEMBER, WE HAD A HEARING EARLIER THIS YEAR TO USE THAT PARKLAND AS A STAGING AREA FOR CONSTRUCTION FOR THE OLD LAND PA DAM PROJECT. THIS UNDEVELOPED PARKLAND HAS BEEN CITY PROPERTY FOR YEARS, AND MANY RESIDENTS IN THE AREA HAVE OFTEN ASKED ME IF THE CITY PLANS ON DOING ANYTHING WITH THAT SPACE. I REMEMBER RIDING THE SCHOOL BUS HOME FROM MIDDLE SCHOOL AND HIGH SCHOOL PASSED THIS PIECE OF CITY PROPERTY WHEN IT WAS BEING WORKED ON FOR A WATER LIFT STATION. WITH THIS ITEM TODAY, I'M ASKING OUR CITY TO PRESENT THE OPTIONS AND COSTS FOR AMENITIES FROM BIKE RACKS TO A COMMUNITY GARDEN, OR EVEN POSSIBLY A FENCE DOG PARK. UH, MY HOPE IS THAT THIS IS ABLE TO BECOME A THANK YOU TO THE RESIDENTS FOR ALL THE CONSTRUCTION THAT WILL BE HAPPENING OVER THE NEXT SEVERAL MONTHS. AND I WANNA THANK MY CO-SPONSORS, COUNCIL MEMBER RYAN ALTER, ALLISON ALTER, AND COUNCIL MEMBER NATASHA HARPER MADISON, FOR HELPING WITH CO-SPONSORING THIS ITEM. ADDITIONALLY, ITEM 141 IS FOR STAFFING THE AERIAL FIRETRUCK THAT THE CITY PURCHASED BY COUNCIL ACTION DURING LAST YEAR'S BUDGET. DURING THIS YEAR'S BUDGET PROCESS, WE AS A COUNCIL DISCOVERED THE TRUCK WOULD NOT HAVE STAFFING ATTACHED TO IT LAST YEAR, THIS BODY DISCUSSED THE DIRECTION TO THE CITY MANAGER, UM, TO REQUIRE STAFFING FOR THAT IN THE BUDGET. AND I EVEN AUTHORED A RESOLUTION VERY SIMILAR TO THIS ONE. IT WAS MY UNDERSTANDING THAT WOULD BE IN THE BUDGET. SO SURPRISED WHEN IT WASN'T. I DECIDED TO BRING THIS BACK SO THAT WE CAN ENSURE THAT IT DOES HAVE STAFFING. I BELIEVE [02:55:01] THAT NOT FUNDING THE STAFFING FOR THAT APPARATUS WOULD BE A MISTAKE. AND WITH THE PASSAGE OF THIS ITEM, WE'LL ENSURE THAT THE CITY MANAGER IS ABLE TO FIND FUNDING FOR NEXT YEAR'S BUDGET. UM, I WANNA THANK MY CO-SPONSORS. COUNCIL MEMBER RYAN ALTER, COUNCIL MEMBER ALLISON AL ALTER, AND COUNCIL MEMBER JOSE VELASQUEZ. THANK YOU VERY MUCH. THANK YOU. COUNCIL MEMBER. COUNCIL MEMBER CADRE FOLLOWED BY COUNCIL MEMBER ELLISON. COUNCIL MEMBER VELA. OH, YES. I, YOUR, YOUR NAME DISAPPEARED. DID YOU TAKE YOUR NAME OFF HERE? YES, I'VE LOWERED MY HAND. SORRY. UM, I'LL GO TO YOU THEN I'LL GO TO COUNCIL MEMBER CODRE. VERY GOOD. COUNCIL MEMBER FUENTES, YOU RECOGNIZED. SORRY. THANK YOU. THANK YOU COLLEAGUES. I WANNA EXPRESS MY APPRECIATION FOR THE THREE ITEMS THAT I HAVE ON TODAY'S CONSENT AGENDA. I I REALLY STRIVE TO ENSURE THAT THE POLICIES I BRING FORWARD ARE ALONGSIDE OUR COMMUNITY. SO I WANNA THANK COMMUNITY PARTNERS FOR THEIR CONFIDENCE IN ME AS THEIR CHAMPION FOR THESE POLICIES. UH, THE FIRST ONE IS REGARDING SENATE BILL FOUR, WHICH I BELIEVE IS FIRMLY UNCONSTITUTIONAL. AND IMMIGRATION LAW SHOULD BE, IS WITHIN THE PURVIEW OF OUR FEDERAL GOVERNMENT. BUT REGARDLESS, UH, THAT HARMFUL LEGISLATION AND ITS IMPACT WHILE IT'S BEEN HALTED IN COURT, IT'S IMPORTANT THAT WE HERE AT THE LOCAL LEVEL, STAND READY, SHOULD THAT POLICY GO FORWARD. AND, UH, AND I WANT US TO ENSURE THAT WE, THAT OUR COMMUNITY KNOWS, UH, THEIR RIGHTS AND HAS ACCESS TO RESOURCES, AND THAT WE'RE DOING WHAT WE CAN AS A CITY AND THE DEPRIORITIZATION OF THE ENFORCEMENT OF SENATE BILL FOUR. SO I WANNA THANK MY CO-SPONSORS ON THIS COUNCIL MEMBER HARPER MADISON, COUNCILLOR RIVERA QUEZ CADRE, AND RYAN ALTER. UH, SPECIAL THANK YOU TO OUR COMMUNITY PARTNERS, WORKERS DEFENSE, GRASSROOTS LEADERSHIP, IMMIGRATION LEGAL CENTER, ACL U, UH, AND STAFF FOR WORKING ON THIS POLICY TOGETHER. UH, AND A SPECIAL THANK YOU TO AMELIA CASAS WITH MY TEAM. THE OTHER ITEM I WANTED TO HIGHLIGHT IS IN REGARDS TO ABORTION RIGHTS AS HUMAN RIGHTS. I WANNA THANK THIS COUNCIL FOR THEIR SUPPORT ON THIS ITEM. AND SPECIAL THANK YOU TO MY CO-SPONSORS, COUNCIL MEMBER ELLIS, COUNCIL MEMBER VELASQUEZ, COUNCIL MEMBER ALLISON ALTER, MAYOR PROTE POOL, AND SPECIAL THANK YOU TO COMMUNITY PARTNERS. JANE, DO PROCESS ABORTION ON YOUR OWN TERMS, AIAAS CENTER AND MOVE TEXAS. AND THE LAST ITEM I WANTED TO HIGHLIGHT IS THE ONE ON, UH, THE ONE AROUND COUNCIL AT FIRST APPEARANCE. WE HEARD FROM SEVERAL AUSTINITES WHO TESTIFIED AT THE IMPORTANCE OF HAVING REPRESENTATION. NO ONE SHOULD BE SITTING IN JAIL BECAUSE THEY'RE NOT ABLE TO AFFORD BAIL. AND SO, UH, US THE CITY ENSURING THAT WE MOVE FORWARD WITH THE EXPANSION AND IMPLEMENTATION OF COUNCIL AT FIRST APPEARANCE IS IMPORTANT IN OUR OVERALL, UH, CRIMINAL JUSTICE REFORM EFFORTS. WITH THIS, I WANNA THANK MY CO-SPONSORS, COUNCIL VELA, COUNCIL VELASQUEZ COUNCILOR HPER HARPER MADISON, COUNCIL MEMBER CADRY AND COUNCIL MEMBER RYAN ALTER. AND A SPECIAL THANK YOU TO COMMUNITY PARTNERS AUSTIN COMMUNITY LAW CENTER, ACL U. ALSO WANNA THANK PRESIDING JUDGE SHERRY STRATMAN FOR HER FEEDBACK ON THE POLICY AND PARTICIPATION. ALSO WANNA THANK THE MAGISTRATE JUDGES FOR, FOR THEIR SUPPORT AS WELL, CITY STAFF AT AUSTIN POLICE DEPARTMENT. AND A SPECIAL THANK YOU TO COUNTY ATTORNEY DELIA GARZA FOR HER LEADERSHIP, OUR DISTRICT ATTORNEY JOSE GARZA AND HIS TEAM, AS WELL AS SHERIFF HERNANDEZ. THANK YOU. GREAT. THANK YOU. COUNCIL MEMBER. COUNCIL MEMBER CADRE, FOLLOWED BY COUNCIL MEMBER ELLIS, THEN COUNCILMAN VELA. THANK YOU, MAYOR. UM, BEFORE I GET INTO MY COMMENTS, UH, I'D LIKE TO BE ADDED AS A CO-SPONSOR TO, UH, ITEM TWO 19, WHICH IS, UH, COUNCIL MEMBER ELLIS'S ITEM ON AIR QUALITY. WITHOUT OBJECTION, COUNCIL MEMBER CADRE WILL BE SHOWN AS A CO-SPONSOR OF TWO 19, AND I'D ALSO BE LIKE, LIKE TO BE ADDED TO ITEM 1 42, UH, ABORTION RIGHTS BEING HUMAN RIGHTS, UH, FROM COUNCIL MEMBER FUENTES. WITH THAT OBJECTION, COUNCIL MEMBER KODO WILL BE SHOWN AS A CO-SPONSOR OF, UH, 1 42. GREAT. AND I'D LIKE TO SPEAK ON, UM, ITEM 1 34 AND 1 43. UH, SO WITH ITEM 1 34, UH, MY SECOND TIME, I GUESS THINKING, COUNCIL MEMBER FUENTES, UH, I WANT TO THANK HER FOR BRINGING THIS ITEM FORWARD. I'M PROUD TO BE A CO-SPONSOR ON THE RESOLUTION, UH, CONDEMNING SP FOUR AND DIRECTING THE CITY MANAGER, UH, TO ENACT POLICIES INTENDED, UH, TO PROTECT OUR IMMIGRANT COMMUNITIES. UH, I BELIEVE IT'S OUR RESPONSIBILITY AS A CITY, UH, TO STEP IN WHEN THE STATE OF TEXAS FAILS OUR MOST VULNERABLE COMMUNITIES. UH, UNFORTUNATELY THAT HAPPENS WAY TOO OFTEN. UH, AND THIS, THIS UNFORTUNATELY ISN'T THE FIRST TIME AND IT WON'T BE THE LAST TIME. UH, SO IN, IN THE CASE OF S FOUR, UH, YOU KNOW, IT JUST GOES EVEN A STEP FURTHER IN HOW IT HARMS FOLKS IN OUR COMMUNITY. SO THE RESOLUTION'S TAKING ANOTHER STEP TO SHOW THAT AUSTIN IS A PLACE FOR EVERYONE TO LIVE AND FEEL SAFE AT HOME. UH, AND, AND I'M VERY THANKFUL THAT WE'RE ABLE TO GET THIS THROUGH. UH, ITEM 1 43, COUNSEL AT FIRST APPEARANCE. UH, ONE OF MY GUIDING SLIDES, UH, AS I SERVE ON DISTRICT NINE, UH, HAS BEEN TO MAKE SURE THAT WHEN WE'RE THINKING ABOUT POLICY, UH, WE'RE THINKING ABOUT THOSE WHO ARE THE LEAST AMONG US. UH, AND WORKING TO BRING MORE EQUITY IN THE CRIMINAL JUSTICE SYSTEM ABSOLUTELY ALIGNS WITH THAT GOAL. ENSURING THAT PEOPLE ARE AFFORDED COUNSEL AT FIRST APPEARANCE IN COURT MIGHT SOUND BASIC AT FIRST, UH, [03:00:01] BUT THIS STEP WILL MAKE SURE THAT THOSE WHO HAVE THE MOST DIFFICULTY NAVIGATING THE CRIMINAL JUSTICE SYSTEM HAVE THE RIGHTS PROTECTED ALONG THE WAY. ULTIMATELY, OUR GOALS, UH, SHOULD BE TO REDUCE RE RECIDIVISM, RERATE, AND INCREASE, UH, REINTEGRATION AND MAKE SURE PEOPLE HAVE ACCESS TO COUNCIL IN A STEP IN THAT DIRECTION. UH, I WANT TO THANK COUNCIL MEMBER FUENTES FOR ALL HER WORK ON THIS ISSUE AND EVERYONE ON THE COUNTY SIDE, UH, ON THIS INTERLOCAL AGREEMENT FOR MAKING SURE THIS GETS DONE. GREAT. THANK YOU. COUNCILMAN CADRE. COUNCIL MEMBER ELLIS, FOLLOWED BY COUNCILMAN VELA. THANK YOU, MAYOR. I WANTED TO HIGHLIGHT A COUPLE OF ITEMS THAT ARE IN AND NEAR DISTRICT EIGHT THAT ARE MOSTLY ENVIRONMENTALLY CONCERNED. ITEM NUMBER 81 IS THE WILLIAMSON CREEK, DICK NICHOLS AND BECKETT MEADOWS POND REHAB PROJECT. A PRELIMINARY ENGINEERING REPORT RECOMMENDED THAT THE TWO WATER QUALITY PONDS, UM, THE WET POND KNOWN AS BECKETT MEADOWS BEHIND THE HAMPTON BRANCH LIBRARY AT OAK HILL AND A RETENTION IRRIGATION POND NEAR DICK NICHOLS PARK. IT'S IMPERATIVE THAT WE PROPERLY MAINTAIN THESE PONDS TO MAKE SURE THAT STORM WATER THAT IS ENTERING THE EDWARDS AQUIFER, UM, IS FILTERED AND IS CLEAN AND IS NOT HARMING OUR ENVIRONMENT. SO I APPRECIATE STAFF BRINGING THIS ITEM FORWARD. NUMBER 83 IS THE BARTON CREEK BANK EROSION RESTORATION PROJECT. THERE'S A LOT OF FOLKS WHO GO ON THE HIKE AND BIKE TRAIL EVERY DAY THAT PROBABLY KNOW WHAT THIS PROJECT IS ENTAILING. I'M GLAD TO SEE THE CITY MOVING FORWARD WITH RESTORING THIS EMBANKMENT ALONG BARTON CREEK. IT'S BEEN ERODING FOR A LONG TIME AND HAS EVEN HAD FENCING PUT UP TO ENSURE PEOPLE AND PETS DON'T GET HURT. THIS EMBANKMENT STABILIZATION PROJECT WILL BE A GREAT ADDITION TO ENSURING PEOPLE CAN ENJOY THE BEAUTY OF OUR NATURAL TRAILS WITHOUT RISKING HARM TO THE ENVIRONMENT. AND IT'S ALSO GOING TO INCLUDE A NEW BIKE CONNECTION TRAIL AT THE END OF TOME STREET, WHICH I'M PERSONALLY VERY EXCITED ABOUT BECAUSE I BIKE THROUGH THIS AREA COMMONLY AND IT GETS A LITTLE TRICKY. SO I THINK IF WE WANNA INCENTIVIZE PEOPLE TAKING OTHER MODES OF TRANSIT INTO OUR PUBLIC PARK SPACES, THIS TYPE OF PROJECT IS GONNA MAKE SURE THAT THAT HAPPENS. NUMBER 84 IS THE LITTLE BEAR CREEK RECHARGE ENHANCEMENT PROJECT. A FEW MONTHS AGO, CITY STAFF TOOK MYSELF AND MY TEAM ON A FIELD TRIP OUT TO THIS JOB SITE. UH, IT'S A REALLY GOOD WAY TO SPEND A FRIDAY MORNING. IT'S TO GET OUT IN NATURE AND, UH, LEARN A LOT ABOUT WHAT'S HAPPENING IN OUR RECHARGE SYSTEM AND, AND IN THE SOUTHERN PARTS OF THE CITY. IT'S ANOTHER OPPORTUNITY TO ENSURE THE HEALTH OF OUR AQUIFER. IT WAS AN OLD QUARRY SITE THAT DESPERATELY NEEDS TO BE REHABILITATED AGAIN TO BE ABLE TO FILTER STORMWATER AS IT IS COMING INTO THE EDWARDS AQUIFER. ITEMS 92 AND 93 ARE CONSERVATION EASEMENT PURCHASES FOR THE NATURE CONSERVANCY. I WON'T EXPAND ON THOSE, BUT I'M JUST VERY EXCITED THAT THESE ARE MOVING FORWARD. ONE 11 IS THE VIOLET CROWN MILE ZERO TRAILHEAD PROJECT. SO THIS IS A PROJECT THAT'S BEEN IN THE WORKS FOR A NUMBER OF YEARS, UM, AND IT STARTS NEAR BARTON SPRINGS AT ZILKER PARK. UM, ONCE THE VIOLET CROWN TRAIL IS COMPLETED, IT WILL EXTEND 30 MILES SOUTH ALL THE WAY INTO HAYES COUNTY. SO WE'VE BEEN FORTUNATE OVER A NUMBER OF YEARS TO DO MULTIPLE GROUNDBREAKINGS AND RIBBON CUTTINGS FOR THESE DIFFERENT TRAIL HEADS, AND I'M VERY EXCITED TO BE ABLE TO UTILIZE OUR NONPROFITS AND TO BE ABLE TO PARTNER WITH THEM TO MAKE SURE THAT, UM, THEY'RE ACTUALLY ACTIVATING SPACE THAT OUR CITY STAFF JUST MAY NOT BE ABLE TO GET TO. AND WE MAY NOT HAVE GENERAL FUND DOLLARS TO BE ABLE TO DO ON OUR OWN, AND WE NEED TO WORK WELL WITH OUR NONPROFIT PARTNERS IN PUBLIC SPACES TO BE ABLE TO ACTIVATE OUR TRAIL SPACES SO PEOPLE CAN LEARN ABOUT THE ENVIRONMENT. ITEM TWO 19 IS OUR COMMENT LETTER. UM, IT'S IN REGARD TO AIR QUALITY. SO THE SCIENTIFIC SPEAK IS PM 2.5. IT REFERS TO THE SIZE OF PARTICULATE MATTER THAT PEOPLE ARE BREATHING IN. UM, SO I WANTED TO MAKE SURE THAT WE AS A COUNCIL HAD A CHANCE TO WEIGH IN ON OPPORTUNITIES AS THE ENVIRONMENTAL PROTECTION AGENCY HAS RECOMMENDED, UM, MAKING TIGHTER STANDARDS ON OUR AIR QUALITY AND MAKING SURE THAT, UM, INDIVIDUALS WHO ARE YOUNG, OLD IMMUNOCOMPROMISED OR HAVE OTHER SORTS OF BREATHING ISSUES AND LUNG ISSUES, UM, TO MAKE SURE THAT WE'RE ACTUALLY UPHOLDING THE CLEANEST AIR QUALITY THAT WE POSSIBLY CAN. SO I KNOW THIS IS A VALUE THAT AUSTIN EMBODIES AND I'M GLAD THAT WE'RE ABLE TO TAKE ACTION ON THIS TODAY. AND THE LAST ONE THAT I WILL MENTION IS I'M JUST REALLY APPRECIATIVE ACTUALLY, ON THE PM 2.5, THE THE SOOT COMMENT LETTER. I WANTED TO THANK CO-SPONSORS, COUNCIL MEMBER FUENTES, ALISON ALTER, COUNCIL MEMBER VELA, AND NOW COUNCIL MEMBER CADRE FOR JOINING AS A CO-SPONSOR ON THIS ITEM. AND THEN THE LAST ONE THAT I WILL MENTION IS JUST APPRECIATING COUNCIL MEMBER FUENTES WORK ON THE REPRODUCTIVE RIGHTS, OUR HUMAN RIGHTS ITEM FROM COUNCIL. UM, THIS IS SOMETHING THAT HAS COME UP AGAIN AND AGAIN AND AGAIN AS WE'VE WORKED ON THIS DAIS TOGETHER. AND I THINK IT'S VERY CLEAR THAT WE STAND TOGETHER. WE WANNA MAKE SURE THAT PEOPLE HAVE ACCESS TO ALL SORTS OF HEALTHCARE AND HAVE EVERY OPPORTUNITY IN THEIR OWN LIVES TO CREATE THEIR OWN DESTINY AND TO NOT HAVE THEIR HEALTH INFRINGED UPON BY, UM, BY STATE LAWS THAT GO TOO FAR AND ARE UNCLEAR AND ARE MAKING IT VERY DANGEROUS FOR PEOPLE TO DECIDE HOW AND WHEN TO BUILD THEIR FAMILIES. THANK YOU. THANK YOU. COUNCIL MEMBER. COUNCIL MEMBER VELA. THANK YOU, MAYOR. UH, I WOULD LIKE TO BE ADDED AS A CO-SPONSOR TO, UH, COUNCIL MEMBER KELLY'S, UM, UH, LADDER TRUCK RESOLUTION ITEM, UH, 1 41, UH, AND AS WELL AS, UH, COUNCIL MEMBER [03:05:01] FUENTES REPRODUCTIVE RIGHTS, UH, RESOLUTION. UH, MAYOR, UH, WITHOUT OBJECTION, COUNCIL MEMBER BAILEY WILL BE SHOWN AS A CO-SPONSOR OF THOSE TWO ITEMS. AND I, UH, ALSO JUST WANTED TO HIGHLIGHT, I, I THINK IT'S BEEN, WAS WELL SAID, BUT I REALLY APPRECIATE THE PUBLIC DEFENDERS AND THE CAPILLARY PUBLIC DEFENDER SERVICE COMING DOWN, UH, TO REALLY EXPLAIN IN DETAIL THE IMPORTANCE OF, UH, COUNCIL AT FIRST APPEARANCE. UH, IT'S BEEN KIND OF A LONG WINDING ROAD TO GET HERE. UH, WE ARE CONTINUING TO, TO TAKE STEPS FORWARD, UH, UH, TOO SLOW FOR, FOR MY, UH, PERSONAL DESIRE, BUT I'M GLAD THAT, THAT WE'RE CONTINUING TO MOVE IT. AND I JUST WANNA MAKE SURE THAT FROM THE CITY'S PERSPECTIVE, THAT WE'RE DOING EVERYTHING POSSIBLE TO MAKE, UH, THE COUNCIL FIRST APPEARANCE, UH, POSSIBLE. AGAIN, APPRECIATE THE PUBLIC DEFENDERS AND, AND THE CAPILLARY, UH, UH, PRIVATE DEFENDER SERVICE, UH, EFFORTS IN THIS REGARD AND, AND LOOK FORWARD TO SEEING KAFA FULLY UH, IMPLEMENTED. THANK YOU, MAYOR. THANK YOU. COUNCIL MEMBER, UH, MEMBERS, THOSE ARE ALL THE, UH, THAT UNLESS THERE'S ADDITIONAL DISCUSSION, I BELIEVE THAT'S ALL THE DISCUSSION WE HAVE ON THE CONSENT AGENDA. I'LL ASK NOW, ARE THERE ANY OTHER ITEMS TO BE PULLED? HEARING NONE, UH, I HAVE COUNCIL MEMBER ALLISON ALTER IS ABSTAINING ON ITEM ONE 12. IS THERE ANY OTHER COUNCIL MEMBER WISH TO BE SHOWN ABSTAINING ON AN ITEM? ANY COUNCIL MEMBER WISH TO BE SHOWN AS RECUSING THEMSELVES FROM VOTING ON A SPECIFIC ITEM WITH REGARD TO NO VOTES ON THE CONSENT AGENDA, I WANT TO READ INTO THE RECORD. COUNCIL MEMBER KELLY WILL BE SHOWN VOTING NO FOR THE RECORD ON THE FOLLOWING ITEMS. 2, 3, 4 20 22 58 73, 92, 93, 1 0 4, 1 0 6, 1 0 9, 1 14, 1 15, 1 34, 1 38, AND 1 42. THAT IS CORRECT. THANK YOU, MAYOR. THANK YOU. ANYONE ELSE WISHING TO BE SHOWN VOTING NO ON ANY OF THE CONSENT AGENDA ITEMS? YES. COUNCIL MEMBER FUENTES. THANK YOU, MAYOR. I JUST, BECAUSE OFTENTIMES WHEN WE SAY NUMBERS, WE'RE NOT TALKING ABOUT THE POLICY. SO WITH THE NO VOTES FROM COUNCIL MEMBER KELLY JUST WANTED TO HIGHLIGHT THAT TWO OF THOSE ARE ON THE DECLARING ABORTION RIGHTS AS, UH, HUMAN RIGHTS AND THE OTHER ON THE, UM, THE PRO-IMMIGRANT ANTI SB FOUR LEGISLATION. YOU KNOW, I'M REALLY GLAD YOU BROUGHT THAT UP. COUNCIL MEMBER FUENTES. UM, A LOT OF TIMES, MR. MICHAELA, YOU'RE RECOGNIZED. THANK YOU MAYOR. A LOT OF TIMES PEOPLE DON'T FULLY UNDERSTAND WHY I VOTE NO ON THINGS. AND A LOT OF TIMES WHEN I LOOK AT ITEMS, IF THERE'S NOT SOMETHING IN OUR MUNICIPAL CODE OR OUR CITY CHARTER AND IT'S BEST SERVED AT A DIFFERENT LEVEL OF GOVERNMENT, I TEND TO VOTE NO. SO THAT THERE IS A BETTER UNDERSTANDING OF THE SEPARATION OF THE DIFFERENT LEVELS OF GOVERNMENT. I FULLY UNDERSTAND AND APPRECIATE PEOPLE'S OPINIONS AND I TEND TO ALWAYS LEAN TOWARDS ADVOCATING THAT PEOPLE WHO CARE PASSIONATELY ON ONE SIDE OR THE OTHER, ADVOCATE AT THE LEVEL OF GOVERNMENT THAT IS APPROPRIATE RELATED TO AN ITEM THAT I MIGHT VOTE NO ON AND THEY MIGHT AGREE WITH. THANK YOU VERY MUCH, MAYOR. THANK YOU. COUNCIL MEMBER. WITHOUT OBJECTION, THE CONSENT AGENDA WILL BE ADOPTED WITH COUNCIL MEMBER ALLISON ALTER BEING SHOWN ABSTAINING ON ITEM ONE 12. COUNCIL MEMBER KELLY BEING SHOWN VOTING NO ON THE ITEMS THAT I READ INTO THE RECORD AND COUNCIL MEMBER HARPER MADISON BEING ABSENT. THAT CONCLUDES THE CONSENT AGENDA. UH, MEMBERS WITHOUT OBJECTION, WE WILL RECESS THE MEETING OF THE AUSTIN CITY COUNCIL AT 1:39 PM AND [10:30 AM - Austin Housing Finance Corporation Meeting] I WILL CALL TO ORDER THE MEETING OF THE BOARD OF DIRECTORS OF THE AUSTIN HOUSING FINANCE CORPORATION AND IT IS 1:39 PM I'LL RECOGNIZE STAFF ON A HFC. GOOD AFTERNOON, MY NAME IS JAMIE MAY. I AM THE HOUSING AND COMMUNITY DEVELOPMENT OFFICER WITH THE HOUSING DEPARTMENT. I'M HERE TO, HANG ON ONE SECOND. IF YOU'RE NOT STANDING AT A PODIUM BUT YOU FIND YOURSELF TALKING, YOU MIGHT BE MISTAKEN. , IT'S ALL YOURS. YES, SIR. I'M HERE TO PRESENT YOUR AGENDA FOR THE AUSTIN HOUSING FINANCE CORPORATION BOARD OF DIRECTORS MEETING. YOU HAVE FOUR ITEMS ON YOUR AGENDA TODAY. UH, THE FIRST WILL BE TO CONDUCT A PUBLIC HEARING REGARDING, UH, THE ISSUANCE OF PRIVATE ACTIVITY BONDS FOR A PROPERTY KNOWN AS SAGE AT FRANKLIN PARK. THIS IS $64.8 MILLION IN PRIVATE ACTIVITY BONDS. AGAIN, AUSTIN HOUSING FINANCE CORPORATION IS A ISSUER. UH, THESE ARE NOT DEBTS THAT THE CITY OR A HFC WILL CARRY. WE ARE SIMPLY ISSUING THE BONDS. SECOND ON YOUR AGENDA IS, UH, THE CREATION OF A HFC DORIS HATHAWAY NONPROFIT CORPORATION AND THE EXECUTION OF A GROUND LEASE, UH, FOR, UH, THIS PROPERTY WITH DORIS HATHAWAY NONPROFIT CORPORATION. UH, THIS WILL BE DEVELOPED INTO 25 AFFORDABLE COMMUNITY LAND TRUST UNITS. AND THEN YOUR FOURTH ITEM ON YOUR AGENDA IS TO, UH, AUTHORIZE THE EXECUTION OF A ONE YEAR SERVICE AGREEMENT WITH THE AUSTIN HOUSING FINANCE CORPORATION AND THE CITY OF AUSTIN [03:10:01] FOR THE FISCAL YEAR 20 24, 20 25, UH, OPERATING BUDGET NOT TO EXCEED $117 MILLION. I, UH, OTHER THAN THE PUBLIC HEARING, I OFFER THESE ON CONSENT. RIGHT. THANK YOU MEMBERS. DO YOU HAVE ANY QUESTIONS OF STAFF AT THIS POINT IN TIME? ALRIGHT, THEN, UM, WITHOUT OBJECTION, WE'LL OPEN THE PUBLIC HEARING ON ITEM A HSC ONE AND I'LL TURN TO THE CITY CLERK. WE HAVE NO SPEAKERS ON ITEM ONE. ALL RIGHT. UH, MEMBERS THERE BEING NO SPEAKERS WITHOUT OBJECTION, WE WILL CLOSE THE PUBLIC HEARING ON ITEM NUMBER ONE. UM, I'LL ENTERTAIN A MOTION WITH REGARD TO ITEM NUMBER ONE. IT WAS JUST A PUBLIC HEARING. IT'S JUST A PUBLIC HEARING. THANK YOU. SORRY. UH, THAT WILL TAKE US TO ITEMS TWO, THREE, AND FOUR AS A CONSENT AGENDA. UH, AND I'LL TURN TO THE CLERK AND SEE IF WE HAVE PEOPLE SIGNED UP TO SPEAK ON THE CONSENT AGENDA. WE HAVE OPIA JOSEPH SIGNED UP ON ITEM FOUR FROM A HFC WITH THREE MINUTES. THANK YOU, MAYOR. COUNSEL, I'M OPIA JOSEPH, I TOLD YOU, MAYOR, BEFORE I FINISH MY COMMENTS, THAT I WOULD SHOW YOU WHAT IT LOOKS LIKE WHEN YOUR ITEMS ARE PLACED ON THE SIDE OF THE ROAD AND NEIGHBORS COME OVER AND TAKE THEM. I WANT YOU TO RECOGNIZE, I ASKED, ASK YOU, I WOULD ASK YOU TO SPEAK TO THE ITEM THAT YOU'RE SIGNED UP TO SPEAK ON. I, I AM MR. MAYOR, IF YOU'LL JUST GIVE ME A MINUTE, I'LL TELL YOU WHY. WE'RE, WE'RE, WE'RE TALKING ABOUT A ONE YEAR SERVICE AGREEMENT AND YES, UM, ITEM FOUR, EXHIBIT A SPECIFIES PROJECT CONNECT. AND PROJECT CONNECT HAS ANTI DISPLACEMENT FUNDS. AND THE PICTURE BEFORE YOU IS GERMANE BECAUSE IT HAS EVICTION PREVENTION DOLLARS. AND SO I WANT YOU TO RECOGNIZE SPECIFICALLY, AND I PUT THE DOLLAR AMOUNT, IT'S $117 MILLION. AND THEN IF YOU LOOK SPECIFICALLY AT THE ITEM, YOU WILL SEE THAT THERE IS MONEY THAT'S CARVED OUT SPECIFICALLY FOR ANTI DISPLACEMENT. AND SO THAT IS WHY YOU HAVE THE PICTURE BEFORE YOU. IS THAT SUFFICIENT ENOUGH FOR YOU TO UNDERSTAND WHY IT'S GERMANE? I'M GONNA LET YOU FINISH IF YOU'LL FINISH. CERTAINLY MAYOR. UM, SO THE REASON THAT MY OPPOSITION IS THERE IS BECAUSE OF THE 18.5 OR SO MILLION DOLLARS THAT'S CARVED OUT FOR PROJECT CONNECT. IT THEN IS DELINEATED IN EXHIBIT A THREE TIMES AS TO WHERE THAT MONEY IS GOING. AND SO WHAT I WANT YOU TO UNDERSTAND IS THAT THE $21 MILLION CURRENTLY ALLOCATED FOR THE ANTI DISPLACEMENT IS BEING CHALLENGED IN THE LAWSUIT ON PAGE 23 OF THE ORIGINAL PETITION, WHICH WAS FILED NOVEMBER 6TH, 2023. AND SO WHAT I WANT YOU TO UNDERSTAND IS THAT ON JULY 11TH, 2024, NEFERTITI JACKMAN, WHO IS YOUR DISPLACEMENT OFFICER, SPECIFIED THAT THESE SAME ORGANIZATIONS WILL HAVE AN OPPORTUNITY TO GET $10 MILLION MORE. AND THAT A SEPARATE OPPORTUNITY WILL COME FOR $5 MILLION MORE. THAT IS FROM THE PROJECT CONNECT COMMUNITY ADVISORY COMMITTEE. AND SO MY OPPOSITION TO THE $117 MILLION IS THAT YOU'RE NOT MANAGING THE $21 MILLION THAT'S BEEN ALLOCATED THUS FAR. YOU HAVE MONIES GOING TO DELL VALLEY. THERE'S NO LIGHT RAIL SYSTEM GOING TO DALE VALLEY, BUT YET THEY HAVE SOME ANTI DISPLACEMENT MONEY. YOU HAVE $2 MILLION GOING TO LIFE, A NEW RESTORATIVE JUSTICE, BUT YET THERE IS NO LIGHT RAIL GOING TO NORTHEAST AUSTIN. AND THE NORTHEAST AUSTIN PLAN IS ACTUALLY PREDICATED ON PROJECT CONNECT'S GREEN LINE, WHICH IS UNFUNDED. YOU HAVE $1.5 MILLION GOING TO MAMA ASANA, VIBRANT WOMEN, BUT YET, AND STILL THEY ONLY SERVE THE PREGNANT WOMEN. AND YOU ARE DISCRIMINATING AGAINST SINGLE BLACK WOMEN WHO ARE BEING EVICTED AS WELL. SO THE PICTURE BEFORE YOU IS GERMANE BECAUSE IT SHOWS YOU WHAT HAPPENS AND THAT THE SYSTEM IS DISCONNECTED DESPITE THE ANTI-DISPLACEMENT FUNDS BEING USED FOR SOME CONSTITUENTS IN THE COMMUNITY AND NOT ALL. AND YOUR HOMELESS STRATEGY OFFICER DAVID GRAY, NEVER GIVES YOU THE DISAGGREGATED DATA WHEN YOU ARE TALKING ABOUT THE HOMELESS FUNDING. AND THAT IS MY OPPOSITION. THANK YOU FOR ALLOWING ME. THANK YOU JOSEPH, TO EXPLAIN IF YOU HAVE ANY QUESTIONS, I'LL GO AHEAD AND ANSWER THEM AT THIS TIME. THANK YOU FOR BEING HERE. YOU'RE WELCOME. MEMBERS. THAT CONCLUDES ALL MEMBERS. THAT CONCLUDES ALL THE SPEAKER TO SIGN UP ON THE AUSTIN HOUSING FINANCE CORPORATION CONSENT AGENDA, WHICH ARE ITEMS TWO, THREE, AND FOUR. I'LL ENTERTAIN A MOTION TO ADOPT THE CONSENT AGENDA AS READ. COUNCIL MEMBER VELA SECONDED BY COUNCIL MEMBER RYAN ALTER. IS THERE A DISCUSSION ON THE CONSENT AGENDA? YES, GO AHEAD. JUST WANNA MAKE A BRIEF COMMENT ON ITEM TWO, PLEASE. UH, IT'S, UH, I'M VERY HAPPY TO SEE, UH, COMMUNITY LAND TRUST MOVING FORWARD. 25, UH, AFFORDABLE CONDOS RIGHT NEXT TO, UH, BURNETT MIDDLE SCHOOL IN DISTRICT FOUR. UH, I JUST WANTED TO HIGHLIGHT THAT. UH, REALLY, UH, HAPPY TO SEE THAT MOVING FORWARD AND, AND LOOK FORWARD TO SEE FUTURE, UH, ESPECIALLY A CONDOMINIUM TYPE, [03:15:01] AFFORDABLE HOUSING COMMUNITY, LAND TRUST PROJECTS IN THE FUTURE. THANK YOU, MAYOR. ANY FURTHER DISCUSSION? MEMBERS? IS THERE ANY, UM, ANY MEMBER THAT WISHES TO BE SHOWN ABSTAINING ON THE CONSENT AGENDA ON ANY ITEM? ANYONE WISHING TO RECUSE THEMSELVES ON THE CONSENT AGENDA ON ANY ITEM ANYONE WISH TO BE SHOWN? VOTING NO ON THE CONSENT AGENDA ON ANY ITEM WITHOUT OBJECTION. THE CONSENT AGENDA IS ADOPTED WITH COUNT WITH BOARD MEMBER HARPER MADISON. UH, ABSENT MEMBERS WITHOUT OBJECTION, WE WILL ADJOURN THE MEETING OF THE AUSTIN HOUSING FINANCE CORPORATION BOARD OF DIRECTORS AT 1:46 PM AND I'LL CALL BACK TO ORDER THE MEETING OF THE AUSTIN CITY COUNCIL, UH, AT 1:46 PM WE WILL GO TO NON-CONSENT ITEMS. THE FIRST ITEM [Items 145 & 146] WE WILL TAKE UP IS ITEM 1 45, WHICH IS AN ITEM FROM A COUNCIL COMMITTEE. MAY I REMOVE APPROVAL OF 1 45 AND 1 46, BOTH OF WHICH ARE, UM, STEPS TO ADD A TO THE COMMISSION TO THE JOINT INCLUSION COMMITTEE, UH, REPRESENTATIVE FROM THE COMMISSION ON VETERANS AFFAIRS. 1 45 DOES BYLAW AMENDMENTS AND 1 46, UH, APPROVES THE ORDINANCE, AMENDING IT SO THAT THERE CAN BE A REPRESENTATIVE MEMBERS. YOU'VE HEARD THE MOTION, UM, BY THE CHAIR OF THE COMMITTEE THAT THIS CO CAME FROM, UH, TO ADOPT BOTH 1 45 AND 1 46. IS THERE A SECONDED BY THE MAYOR PRO TEM? IS THERE DISCUSSION ON THIS ITEM? IS THERE ANYBODY SIGNED UP TO SPEAK ON THIS ITEM? WE HAVE NO SPEAKERS ON THOSE ITEMS, MA'AM. THANK YOU VERY MUCH. WITHOUT OBJECTION. THE MOTION IS ADOPTED TO APPROVE ITEM 1 45 AND 1 46 MEMBERS [Items 147 - 149; 151 - 153] THAT WILL NOW TAKE US TO IMMINENT DOMAIN. ITEMS. 1 47, 1 48, 1 49. ITEM ONE 50 HAS BEEN WITHDRAWN. ITEM ONE. SO WE'LL GO TO, IT'D BE 1 49, 1 51, 1 52, AND 1 53. LET ME ASK FIRST IF THE CLERK HAS ANYONE SIGNED UP TO SPEAK ON THESE ITEMS? WE DO NOT HAVE ANY SPEAKERS FOR THOSE ITEMS. MAYOR MEMBERS, THERE'S NO ONE SIGNED UP TO SPEAK ON ITEMS. 1 47, 1 48, 1 49, 1 51, 1 52, AND 1 53. I'LL ENTERTAIN A MOTION WITH RESPECT TO THOSE ITEMS, ALL OF THEM BEING NON-CONSENT CONDEMNATION ITEMS FOR A MOTION TO THE EFFECT THAT THE CITY COUNCIL OF AUSTIN AUTHORIZES THE USE OF THE POWER OF IMMINENT DOMAIN TO ACQUIRE THE PROPERTY SET FORTH AND DESCRIBED IN THE, THE, THE, AS THEY ARE DESCRIBED IN THE AGENDA FOR THE CURRENT MEETING, FOR THE PUBLIC USES THAT ARE DESCRIBED THEREIN. COUNCIL MEMBER RYAN ALTER MOVES ADOPTION, UH, OF THAT MOTION. IT IS SECONDED BY THE MAYOR PRO TEM. IS THERE DISCUSSION ON THE ITEM WITHOUT, WITHOUT OBJECTION. UH, THE MOTION TO APPROVE ITEMS 1 47, 1 48, 1 49, 1 50, 1 52, AND ONE 50. I'M SORRY. ONE, I SCREWED IT UP, DIDN'T I? 1 47. 1 48, 1 49, 1 51, 1 52, AND 1 53. AS THE MOTION WAS READ AND MADE WITHOUT OBJECTION, THAT MOTION IS ADOPTED WITH COUNCIL MEMBER HARPER MADISON BEING ABSENT. THAT WILL TAKE US TO OUR PUBLIC [154. Conduct a public hearing and consider an ordinance to repeal and replace parts of Ordinance Nos. 20071018-008, 20101104-046, 20191114-068 and 20210304-079 to update the local incentives the City may provide under the Texas Enterprise Zone Program, Texas Government Code Chapter 2303.] HEARINGS AND WE WILL FIRST GO TO ITEM NUMBER 1 54 MEMBERS WITHOUT OBJECTION, WE WILL OPEN THE PUBLIC HEARING ON ITEM NUMBER 1 54. I'LL TURN TO THE CITY CLERK. FIRST SPEAKER IS SUSAN MORRISON WITH WILLIAM BUNCH ON DECK WHEN YOUR NAME HAS BEEN CALLED. PLEASE COME FORWARD. UH, IF, IF SOMEONE'S AT THE PODIUM, PLEASE TAKE A SEAT ON THE FRONT ROW. IF NOT, TAKE THE PODIUM SPEAKER OF ALL THREE MINUTES. IT'S GOOD TO SEE YOU. THANK YOU FOR BEING HERE. HI. I WAS GONNA GIVE MY TIME TO BILL BUNCH, BUT HE'S IN COURT. I UNDERSTAND. RIGHT HERE. OH, WELL, DO YOU WANT MY MINUTES? OH, I GUESS I BETTER GO. YEAH, WHY DON'T YOU PLEASE DO. I'M SPEAKING AGAINST USING THE TEXAS ENTERPRISE ZONE IN, UH, PROGRAMS TO MAKE DEVELOPERS WEALTHY INSTEAD OF REALLY HELPING THE DISADVANTAGED. AND BY DEFINITION OF THE TEXAS, UH, STATUTE, IT IS TO, UM, HELP AREAS THAT ARE IN POVERTY. AND WITH MY OWN NEIGHBORHOOD, ALLENDALE BEING, UM, QUALIFIED AS AN ENTERPRISE ZONE. I KNOW THAT THAT APPLICATION DOESN'T, DOESN'T APPLY [03:20:01] TO OUR NEIGHBORHOOD, AND IT PROBABLY DOESN'T APPLY TO THIS PROPERTY EITHER. SO I'M, I'M SPEAKING AGAINST IT AND I, I THINK WE NEED TO BE MORE ACCURATE WITH APPLYING TEXAS FUNDS. THANK YOU, MS. MORRISON. MR. BUNCH, YOU'VE BEEN CALLED ON IF YOU'D LIKE TO SPEAK. GOOD MORNING, MR. MAYOR. COUNCIL MEMBERS, I'M SPEAKING AGAINST THIS ITEM. UH, I DON'T BELIEVE IT'S PROPERLY POSTED UNDER THE TEXAS OPEN MEETINGS ACT. UH, IF YOU READ THE ORDINANCE THAT YOU'RE HAVE BEFORE YOU, IT SAYS, NOT ONLY ARE YOU DESIGNATING ENTERPRISE ZONES OR ENTERPRISE PROJECTS, BUT IT SAYS THOSE ARE AUTOMATICALLY NAMED ALSO AS REINVESTMENT ZONES. UM, THAT SHOULD BE IN THE NOTICE FOR THIS. THAT'S A WHOLE OTHER, UH, CHAPTER, A WHOLE OTHER BAG OF CORPORATE GIVEAWAYS. UH, TAXPAYER GIVEAWAYS. UH, YOU GOTTA MENTION THAT IN THE NOTICE. UH, I'D ALSO OBJECT THAT I'M GUESSING THAT Y'ALL PROBABLY DON'T FULLY UNDERSTAND WHAT YOU'RE DOING. 'CAUSE I DIDN'T, IF YOU READ THE ORDINANCE ALSO RIGHT AT THE TOP, UH, THERE'S NO COMPLETE RED LINE FOR WHAT'S BEING CHANGED. IT REFERENCES FOUR OTHER ORDINANCES AND HOW THEY'RE BEING AMENDED OR REPLACED, BUT THERE'S NO, UH, EXPLANATION FOR WHETHER ARE YOU MAKING THESE TAX REBATES AND OTHER GIVEAWAYS MORE LENIENT, LESS LENIENT, MORE TRANSPARENT, LESS TRANSPARENT. UM, IT DOESN'T TELL YOU. AND I WOULD GUESS THAT Y'ALL HAVEN'T PROBABLY LOOKED INTO THAT. UM, IF ANY OF THOSE REFERENCES ARE SUBSTANTIAL, UH, THAT SHOULD BE IN THE PUBLIC NOTICE UNDER THE OPEN MEETINGS ACT AS WELL. SO, UH, I WOULD RECOMMEND THAT YOU, UH, T ON THIS. THANK YOU. THANK YOU MR. BUNCH. THAT'S ALL SPEAKERS ON 1 54 MEMBERS. THOSE ARE ALL THE PEOPLE THAT HAVE SIGNED UP TO SPEAK ON ITEM NUMBER 1 54. SO WITHOUT OBJECTION, WE WILL CLOSE THE PUBLIC HEARING ON ITEM NUMBER 1 54. IS THERE A MOTION ON ITEM NUMBER 1 54? MAYOR PRO TEM MOVES APPROVAL OF ITEM 1 54, SECONDED BY COUNCIL MEMBER CADRE. ANY DISCUSSION ON THE ITEM? 'EM, HEARING NONE, I, UH, WITHOUT OBJECTION, ITEM NUMBER 1 54 IS ADOPTED WITH, UH, COUNCIL MEMBER HARPER MADISON BEING ABSENT. AND COUNCIL MEMBER ALLISON ALTER BEING OFF THE DAIS MEMBERS 1 55 AND 1 56 WERE WITHDRAWN. 1 57 WAS WITHDRAWN AND IT WAS REPLACED WITH ITEM NUMBER 1 67, UH, ITEM. UH, AND I, I, I'M GONNA TAKE THOSE IN ORDER, SO I'LL JUST, 1 57 HAS BEEN WITHDRAWN. WE'LL GO TO 1 67 IN A MOMENT. ITEM NUMBER 1 58, [158. Conduct a public hearing and consider an ordinance amending City Code Section 25-2-652 to revise regulations applicable to the density bonus 90 (DB90) combining district.] UH, WITHOUT OBJECTION, WE WILL OPEN THE PUBLIC HEARING ON ITEM NUMBER 1 58, AND I'LL TURN TO THE CITY CLERK. WE HAVE A REMOTE SPEAKER, LESLIE SWANSON. HI, UM, MY NAME IS LESLIE SWANSON. UM, AND I AM A RESIDENT AT, UH, 1507 WILLOW STREET. UM, I'M JUST HERE TO SPEAK AS A CONCERNED CITIZEN AND A NEIGHBOR AND, UM, AND A MOTHER, UH, OF TWO YOUNG CHILDREN. UM, I LIVE 220 FEET FROM, UM, A BUILDING THAT IS KNITTING FOUND AT A DECIBEL LEVEL OF 70, UM, THROUGHOUT THE DAY, 24 7. UM, IT HAS IMPACTED MY FAMILY. IT HAS IMPACTED OUR HEALTH, UM, THE QUALITY OF LIFE IN OUR NEIGHBORHOOD. UM, AND SO I JUST WANTED TO, TO KIND OF START OUT THERE. UM, WE MOVED TO THE NEIGHBORHOOD. IT'S SUPER PEACEFUL. UM, WE ENJOY SEEING OUR NEIGHBORS IN THE FRONT YARD. UM, MY KIDS PLAY OUT THERE, UM, SINCE 1515 HAS TURNED THEIR AIR CONDITIONING UNITS ON, UM, WHAT WAS ONCE A PEACEFUL FAMILY FRIENDLY ENVIRONMENT, NOW FEELS LIKE AN INDUSTRIAL SITE. UM, FROM A HEALTH PERSPECTIVE, UH, THERE IS RESEARCH TO SUGGEST AND TO SHOW THAT EXPOSURE TO, TO LEVELS, UM, 55 DECIBELS IN A HIGHER CAN CAUSE HEALTH PROBLEMS. UM, WE HAVE EXPERIENCED IT IN TERMS OF STRESS, SLEEP DISTURBANCES. UM, THE SOUND IS, IS CONSTANT AND CAN BE HEARD THROUGHOUT THE HOUSE. UM, AND THEN JUST FROM A, A QUALITY OF [03:25:01] LIFE PERSPECTIVE, IT IS, IT'S CONSTANT AND IT, UM, WE CANNOT SIT ON THE FRONT PORCH. UM, THERE IS JUST A CONSISTENT COMING THROUGHOUT, UH, OUR ENTIRE DAY. SO, UM, WE'RE, WE'RE HOPING THAT, UH, THESE MECHANICAL, UM, THE EQUIPMENT CAN BE SCREENED, UM, THAT THIS BUILDING CAN COME TO CODE COMPLIANCE. UM, AND I JUST URGED THE CITY COUNCIL TO REEVALUATE HOW THE EQUIPMENT IS SCREENED AND TO HOPEFULLY ENFORCE, UM, STRICTER NOISE CONTROLS ON THESE NEW DEVELOPMENTS, UM, AS, AS THE CITY GROWS. UM, AND JUST TO ENSURE THAT, THAT OUR QUALITY OF LIFE CAN, UM, CAN ALSO BE HAPPY AND HEALTHY. THANK YOU. THANK YOU, SPEAKER. THANK YOU. WE'LL MOVE TO IN PERSON FOR 1 58 8. UH, WE HAVE SUSAN MORRISON WITH WILLIAM BUNCH AND MICHAEL WA, MICHAEL WA DECK. IF YOUR NAME'S BEEN CALLED, WE'RE ASKING YOU PLEASE COME FORWARD SO THAT YOU'LL BE PREPARED TO SPEAK AS SOON AS THE PODIUM IS FREE. WELCOME, MS. MORRISON. I'M FROM DISTRICT SEVEN, AND SPEAKING AGAINST, UM, ALL THE DENSITY BONUS, UH, ITEMS THAT REALLY SHOULD BE, UM, TAKING MORE TIME TO DEVELOP AND INVOLVE THE NEIGHBORHOOD ASSOCIATIONS. UM, SO I'LL, I'LL BE UP HERE AGAIN. IT'S, IT'S JUST BEING RUSHED THROUGH AND PEOPLE ARE NOT AWARE OF THE IMPACT THAT IT IS HAVING ON NEIGHBORS. THANK YOU. PLEASE COME FORWARD AND STATE YOUR NAME FOR THE RECORD. MICHAEL WADDELL HAS HAD TIME DONATED BY RYAN SAUNDERS AND BILL HAMILTON. ARE THEY STILL PRESENT? YES, THEY ARE. OKAY. YOU'LL HAVE NINE MINUTES. THANK YOU. ALRIGHT, THANK YOU MAYOR AND COUNCIL. MY NAME IS MIKE WADEL. I'M THE LAND USE CHAIR FOR THE ES CHAVEZ NEIGHBORHOOD PLAN CONTACT TEAM AND SUPPORTED BY RYAN SAUNDERS AND BILL HAMILTON, OUR ECC SECTOR REPS. UM, I ALSO JUST WANT TO NOTE THAT I'M A FOURTH GENERATION AUSTINITE AND I'VE BEEN A RESIDENT OF EAST AUSTIN ON WILLOW STREET FOR THE LAST 20 YEARS. I CARE DEEPLY ABOUT OUR CITY, OUR COMMUNITIES, AND OUR QUALITY OF LIFE. AND PROFESSIONALLY, I LEAD THE DESIGN AND PLANNING OF, OF COMPLEX COMMERCIAL DEVELOPMENTS. UM, I UNDERSTAND OUR LAND DEVELOPMENT CODE BUILDING SYSTEMS AND ACOUSTICS AT A HIGH LEVEL, WHICH LEADS ME TO WHAT I'M HERE TO SUPPORT. SO THE CHAVEZ NEIGHBORHOOD PLAN CONTACT TEAM IS HERE TO SUPPORT THE PLANNING COMMISSION'S DRAFT ORDINANCE TO LOWER THE DECIBEL LEVEL FROM 70 DECIBELS TO 45 DECIBELS. UM, WHERE COMPATIBILITY IS, UH, GENERALLY WE ARE PRO PRO-HOUSING. WE ARE PRO AFFORDABLE HOUSING. AND I THINK ONE OF THE THINGS WE ARE CONSTANTLY TRYING TO STRIVE FOR IS IMPROVING THE QUALITY OF LIFE FOR OUR RESIDENTS AND NEIGHBORS. UM, WE PUSHED FOR AN AMENDMENT THAT WAS SUPPORTED BY, UH, UH, ALTERS BY RYAN ALTERS, UH, TEAM, UM, TO BASICALLY MAKE COMPATIBILITY STILL APPLY AMONG, ALONG ALLEYWAYS WHEN THE COMPATIBILITY REWRITE WAS UP. AND SO WE'D LIKE TO THANK YOU FOR THAT SUPPORT. UM, SO I WANTED TO TALK TODAY ABOUT THE NOISE ISSUE IMPACTING OUR NEIGHBORHOOD. SO THE FIRST THING I JUST WANTED TO START WITH IS, WHAT IS 70 DECIBELS? SO THIS IS WHAT OUR CURRENT COMPATIBILITY AND DB 90 CODE ALLOWS AT RESIDENTIAL DISTRICTS. IT IS CONSIDERED LOUD, IT'S THE SOUND OF A VACUUM CLEANER FROM 10 FEET AWAY. I'M SURE IF I WAS RUNNING A VACUUM CLEANER RIGHT HERE, YOU WOULD ALL BE ANNOYED. UM, IT'S ALSO THE SOUND LIMIT LEVEL OF OUTDOOR AMPLIFIED SOUND PERMITS THAT OUR NEIGHBORHOOD GROUP ISSUES TO BARS AND RESTAURANTS. WE ISSUE THOSE PERMITS WITH SET HOURS TO ENSURE NIGHTTIME QUIET FOR OUR RESIDENTS, WHEREAS MECHANICAL EQUIPMENT WILL RUN 24 7 365. FURTHER, THERE HAS BEEN, UH, NUMEROUS RESEARCH REPORTS ON THE HEALTH IMPACT OF NOISE. IN FACT, THE WORLD HEALTH ORGANIZATION HAS IDENTIFIED NOISE AS THE SECOND LARGEST ENVIRONMENTAL CAUSE OF HEALTH PROBLEMS JUST AFTER AIR POLLUTION. SO THE WORLD HEALTH ORGANIZATION RECOMMENDS 40 DECIBELS OR LESS OUTSIDE OF BEDROOMS TO PREVENT ADVERSE EFFECTS FROM NIGHT NOISE. AND YOU JUST HEARD FROM ONE OF OUR NEIGHBORS ON WILLOW STREET, UH, WHO IS STRUGGLING WITH THAT ISSUE AT HER RESIDENCE, WHICH IS A BLOCK AWAY FROM A NEW DEVELOPMENT. SO IN THE SUPPORT OF THE REWRITE OF THE COMPATIBILITY ORDINANCE, CITY STAFF WENT THROUGH A BENCHMARKING PROCESS WHERE THEY LOOKED AT 14 OF OUR PEER CITIES TO SEE HOW DOES AUSTIN COMPARE IN TERMS OF COMPATIBILITY AND DENSITY ADJACENT TO RESIDENTIAL DISTRICTS. AND WE COMMEND THAT EFFORT. I THINK WHAT WAS MISSING FROM THAT STUDY WAS LOOKING AT THE QUA QUALITY OF LIFE MEASURES THAT THOSE CITIES HAVE ALSO TAKEN, UM, WHEN WE'RE INCREASING DENSITY ADJACENT TO RESIDENTIAL DISTRICTS. SO IF WE LOOKED AT THOSE SAME 14 PEER CITIES, WE [03:30:01] WOULD FIND 12 OUT OF 14 OF THEM ARE MORE PROTECTIVE AGAINST NOISE POLLUTION THAN OUR 70 DECIBEL LIMIT. UM, THEY'RE EITHER EXPLICITLY LOWER CODE LI LIMITS, OFTEN WITH SEPARATE DAYTIME AND NIGHTTIME LIMITS OR QUALITATIVE, UH, CODE, WHICH WOULD, UH, RESULT IN A MUCH LOWER LIMIT. SO IF WE AVERAGE THOSE CITIES NOISE CODES, WE'D GET 58 DECIBELS DURING THE DAYTIME AND 52 AT NIGHTTIME. AND THEN I JUST WANT TO POINT OUT THAT I KNOW THERE ARE CONCERNS ABOUT LOWERING THE NOISE LIMIT AND THE IMPACT ON DEVELOPMENT AND DENSITY. NEW YORK CITY, OUR NATION'S DENSEST METROPOLIS, UH, REDID THEIR NOISE CODE IN 2007 AND THEY SET A NOISE LEVEL LIMIT OF 45 DECIBELS AS MEASURED FROM AN OPEN DOOR OR WINDOW AT A RESIDENCE. SO IF OUR NATION'S DENSEST CITY CAN DO IT TO BALANCE QUALITY OF LIFE, UH, WITH DEVELOPMENT, I THINK WE CAN AS WELL. SO I KNOW CITY STAFF IS RELUCTANT TO ADOPT PLANNING COMMISSIONS', UH, RECOMMENDATIONS ON THE DECIBEL LIMIT. UH, THEY'VE REPLIED THAT THEY BELIEVE SCREENING IS THE MOST PROACTIVE WAY TO MITIGATE NOISE, AND THAT LOWERING THE LIMIT COULD LEAD TO UNINTENDED CONSEQUENCES. SO I WANT TO ADDRESS THOSE POINTS. SO THIS IS THE NEW PROJECT THAT LESLIE WAS SPEAKING TO A MINUTE AGO. UM, AND I WOULD SAY ON THE WHOLE, THIS IS A A BEAUTIFUL NEW COMMERCIAL DEVELOPMENT. IT'S, UH, THE KIND OF DEVELOPMENT WE WANT TO SEE IN OUR, OUR AREA. UNFORTUNATELY, WHAT THIS PROJECT DOES IS IT REALLY, UM, SHOWS THE LOOPHOLES IN OUR CODE FOR SCREENING AND NOISE AND THE ABILITY TO REALLY NEGATIVELY IMPACT A COMMUNITY. AND SO THIS PROJECT RIGHT NOW HAS 250 TONS OF ROOFTOP MECHANICAL EQUIPMENT THAT ARE POSITIONED AT THE REAR OF THEIR ROOF WITH THE EXHAUST FANS POINTED DIRECTLY AT THE NEIGHBORHOOD WITH NO SCREENING OR PARAPETS BLOCKING THAT NOISE. SO LET'S LOOK AT HOW THIS IS ALLOWED TO MEET CODE. SO THE, THE CURRENT CODE MEASURES THE VIEW FROM THE PROPERTY LINE OR ALLEYWAY. AND SO THANK YOU, UM, DISTRICT FIVE FOR GETTING THAT ALLEYWAY IN THERE. AND SO BASICALLY WHAT THIS MEANS IS THAT IF YOU'RE STANDING AT YOUR FENCE LINE AT YOUR HOUSE AND YOU LOOK UP AND YOU DON'T SEE ANY EQUIPMENT, IT PASSES CODE, IT WOULD RECEIVE A PERMIT. BUT WHAT IT ALSO MEANS IS THAT YOU COULD WALK 10 FEET BACK INTO YOUR YARD, LOOK UP AND SEE THE MECHANICAL EQUIPMENT COMPLETELY EXPOSED WITH SOUND UNABATED. AND SO WHAT DOES THIS ACTUALLY LOOK LIKE IN REALITY? SO THIS IS A VIEW FROM ONE OF THE BACKYARDS ON WILLOW STREET WHERE YOU LOOK UP AND YOU CAN SEE ALL FIVE OF THOSE 50 TON UNITS, WHICH ARE OPERATING 24 7 AT A HIGH LEVEL. WHAT YOU CAN ALSO SEE IN THIS PHOTO ARE LOUVERS FOR GARAGE EXHAUST FANS. SO ONE OF THE THINGS THAT SCREENING CODE CANNOT ADDRESS IS THE SOUND EMANATING FROM LOUVERED EXHAUST FANS. AND THERE ARE MANY EXAMPLES DOWNTOWN WHERE THIS SOUND PUSHES 70 OR 80 OR EVEN 80 DECIBELS. SO THE CODE AS WRITTEN DOES NOT RESULT IN ANY MEANINGFUL SCREENING THAT MITIGATES NOISE. SO JUST, UM, YOU KNOW, WE, WE WERE, UH, I WOULD SAY THE NEIGHBORHOOD PROBABLY LOGGED, UH, 53 1 1 CALLS WITHIN A WEEK. UM, WE WERE ABLE TO MEET CITY CODE INSPECTOR AARON HAGEL OUT HERE, AND HE WALKED AROUND THE STREET AND TOOK MANY, MANY MEASUREMENTS. AND ONE OF THE INTERESTING THINGS HE FOUND IS THAT HE ACTUALLY RECORDED THE SOUND LEVEL EXCEEDING DECIBELS AT THIS HOUSE. BUT THEN WHEN HE WENT TO THE, THE FENCE LINE WHERE THE PROPERTY IS, IT WAS UNDER THE CODE LIMIT. SO OUR SCREENING CODE ACTUALLY ALLOWS THE SOUND TO EXCEED OUR CODE LEVELS AT A RESIDENCE, BUT NOT WHERE IT'S MEASURED FOR CODE. AND THEN JUST GETTING BACK TO THE HEALTH IMPACT OF NOISE, THIS PROPERTY, THOSE ARE KIDS' BEDROOMS UP THERE, THAT EQUIPMENT IS JUST BLASTING THEIR BEDROOMS. SO THERE WAS A, A, YOU KNOW, AN OUTCRY FROM THE NEIGHBORHOOD OF, OF CONCERN. UM, THE NEIGHBORHOOD PLAN CONTACT TEAM SENT OUT A NOISE IMPACT SURVEY TO GAUGE WHAT THE REAL IMPACT WAS ON THE NEIGHBORHOOD AND HOW FAR THAT, UH, REACH FROM THIS BUILDING. AND SO WE HAD, SO FAR, WE'VE HAD 25 RESPONDENTS, UM, FROM AS FAR AS 1000 FEET AWAY. SO THIS ISN'T SOMETHING THAT JUST IMPACTS NEIGHBORS ACROSS AN ALLEY OR NEIGHBORS NEXT DOOR. IT'S SOMETHING THAT HAS THE POTENTIAL TO REACH A BROAD NUMBER OF RESIDENTS IN A NEIGHBORHOOD. SO THE RESULTS OF THIS SURVEY, YOU KNOW, ONE OF THE THINGS GETTING BACK TO QUALITY OF LIFE, 88% REPORTED BEING IMPACTED WITH OUTDOOR ACTIVITIES AT THEIR HOME. IT'S UNBEARABLE TO BE OUTSIDE WHEN THESE, WITH THIS EQUIPMENT RUNNING AT THAT LEVEL. AND THEN BACK TO THE HEALTH IMPACTS, 72% REPORTED INCREASED STRESS AND ANXIETY, AND THEN 40% EXPERIENCE SLEEP DISRUPTION ARE TRYING EARPLUGS WHITE NOISE, ANYTHING TO JUST GET THROUGH THE NIGHT WITH A GOOD NIGHT'S SLEEP. AND SO I'D LIKE TO JUST TOUCH ON THE UNINTENDED CONSEQUENCES OF THE STAFF'S DRAFT ORDINANCE OF KEEPING THE DECIBEL LIMIT AT 70 DECIBELS. OUR SCREENING CODE THAT WE'RE ADVOCATING TO BE THE RIGHT CHANGE TO ADDRESS THIS ISSUE DOES NOT ACTUALLY CREATE ROOFTOP SCREENING THAT MITIGATES NOISE. THAT CODE CAN ALSO NOT MITIGATE THE NOISE FROM LOUVER EXHAUST FANS. IT DOESN'T WORK. UM, [03:35:01] AND THEN IT ALSO JUST SHOWS THAT THAT, UH, 70 DECIBEL LIMITS CAN EXIST ON A RESIDENTIAL PROPERTY, EVEN WITH THAT CODE IN PLACE. SO SCREENING CAN'T REALLY ADDRESS THIS PROBLEM. AND THEN WHAT WE'D LIKE TO HIGHLIGHT IS WHAT WE WOULD CALL THE INTENDED CONSEQUENCES OF PLANNING COMMISSION'S DRAFT ORDINANCE. SO THE INTENDED CONSEQUENCES IS NEIGHBORHOODS WOULD HAVE PEACE AND QUIET, THERE'D BE IMPROVED HEALTH AND WELLBEING FOR OUR COMMUNITIES, AND DEVELOPMENTS WOULD NEED TO CONSIDER THEIR IMPACT ON THEIR NEIGHBORS. AND I THINK AS A RESULT OF A LOWER SOUND LIMIT, ROOFTOP EQUIPMENT WOULD BE SCREENED IF IT NEEDED TO BE SCREENED. AND SO REALLY THE ONLY WAY TO REALLY, UH, ENSURE LOWER NOISE LIMITS IS TO LOWER THE NOISE LIMIT. IT SEEMS PRETTY STRAIGHTFORWARD. AND THEN ONE THING THAT WE ARE ALWAYS SENSITIVE TO IS WE DON'T WANNA BE PROPOSING THINGS THAT SADDLE DEVELOPMENTS OR DEVELOPERS WITH UNNECESSARY BURDEN. AND SO IN LOOKING AT THOSE 12 OUT OF 14 PEER CITIES, THEY'VE BEEN ABLE TO MAKE IT WORK. NEW YORK CITY'S BEEN ABLE TO MAKE IT WORK. IN FACT, THERE ARE TWO NEW THREE STORY OFFICE BUILDINGS THAT ALSO MAKE IT WORK. THANK YOU SO MUCH. IS THAT NINE MINUTES? YES. NEXT SPEAKER PLEASE. NEXT WE HAVE CARLOS PINON, NOE, ELIAS, AND VALERIE MENARD. IF YOUR NAME HAS BEEN CALLED, PLEASE MOVE TO THE FRONT SO WE CAN HEAR FROM YOU. THERE'S THREE NAMES WHO HAVE BEEN CALLED. I SEE TWO PEOPLE COMING FORWARD. NOE, YOU ARE NEXT. WELCOME. HELLO, COUNSEL. MY NAME IS NO ELIAS. I'M AN EDUCATOR WITH AUSTIN, ISD AND HOUSING JUSTICE DIRECTOR WITH PORE. I LIVE IN THE MANLESS NEIGHBORHOOD IN DISTRICT THREE. SO I'M HERE TO SPEAK AGAINST ITEM 1 58. UM, SO THERE ARE TWO DB 90 CASES IN MY COMMUNITY OF MANLESS, UH, INCLUDING A PROJECT ACROSS THE STREET FROM TON PARK AND ALLISON ELEMENTARY SCHOOL. UM, THE SCHOOL THAT I ATTENDED, I TAUGHT AT AND WHERE MY KIDS ATTEND NOW. SO THESE PROJECTS, UM, THAT COME WITH DB 90, UH, INCLUDING THIS ONE, AND A LOT THAT ARE ON THE AGENDA TODAY, ARE ON STREETS THAT CANNOT HANDLE TRAFFIC. UM, IF YOU GO DOWN TO, UH, THIS PROJECT THAT I'M TALKING ABOUT, UM, YOU WILL SEE HOW CONGESTED IT GETS EVERY DAY, UH, WITH PEOPLE DRIVING TO THE SCHOOL, DRIVING TO WORK. UM, AND SO OUR SMALL STREETS CANNOT HANDLE ALL THE TRAFFIC THAT WE'VE COME WITH THESE, UH, DV 90 CASES. SO THE PAST FEW WEEKS I'VE BEEN SPEAKING TO MY NEIGHBORS ABOUT THIS ISSUE. I'VE BEEN SPEAKING TO PARENTS, TEACHERS, UH, STUDENTS ABOUT THESE PROJECTS. UM, IT'S VERY INTERESTING TO NOTE THAT THESE PEOPLE IN OUR, MY COMMUNITY ACTUALLY HAVE A BETTER UNDERSTANDING OF THE IMPACT THAT DB 90 PROJECTS WILL HAVE, UM, A BETTER, UH, UNDERSTANDING THAN ACTUALLY THEN THE CITY AND THE PLANNING COMMISSION AND THE CITY COUNCIL DO. UH, THEY UNDERSTAND THAT, YOU KNOW, TRAFFIC SAFETY IS A BIG ISSUE. UM, MY COMMUNITY IS A VERY WALKABLE, UH, COMMUNITY AND, UH, AROUND THE, ESPECIALLY AROUND THE ELEMENTARY SCHOOL AND TRAFFIC IS JUST CREATING THESE DANGERS FOR THE STUDENTS, UH, THAT WALK TO THE, TO THE ELEMENTARY SCHOOL. UM, MY COMMUNITY ALSO UNDERSTANDS THE, THAT WE NEED AFFORDABLE HOUSING IN THIS AREA. AND DV 90 DOES NOT PROVIDE AFFORDABLE HOUSING, UH, FOR MY COMMUNITY. UH, IN THE MANLESS AREA, THE MFI IS PROBABLY AROUND $50,000 A YEAR. AND THE AFFORDABILITY RATES THAT COME WITH DB 90 WILL NOT HELP US BRING AFFORDABLE HOUSING AND ACTUALLY WILL COST MORE DISPLACEMENT. UM, WE UNDERSTAND THAT AFFORDABLE DEVELOPMENT, UH, SHOULD BE AFFORDABLE TO THE EXISTING RESIDENTS IN THAT NEIGHBORHOOD, UH, ESPECIALLY FOR A LONG TIME, RESIDENTS TO BE ABLE TO STAY IN THEIR NEIGHBORHOOD. UH, OTHERWISE YOU'RE JUST CAUSING MORE DISPLACEMENT, UM, EVEN WITH THE AFFORDABILITY REQUIREMENTS THAT YOU HAVE. NOW, UM, SOME OF MY COWORKERS, SOME OF THE TEACHERS CAN'T EVEN LIVE IN THAT NEIGHBORHOOD WHERE THEY, WHERE THEY TEACH, WHERE SOME OF THEM GREW UP IN. UM, I HAVE A FRIEND WHO'S JUST STARTED TEACHING TWO YEARS AGO. SHE'S A SINGLE MOM AND SHE CAN'T FIND A PLACE TO LIVE IN THAT COMMUNITY, AND SHE WOULDN'T EVEN BE ABLE TO AFFORD ONE OF THESE, UH, AFFORDABLE, UH, HOUSES, AFFORDABLE UNITS. SO I'M ASKING THE CITY COUNCIL TO POSTPONE AND PLACE A MORATORIUM ON ALL THE DV 90 CASES THAT ARE GOING TO BE HEARD TODAY AND TO ALLOW CONSIDERATION FOR, THANK YOU SO MUCH. YOUR TIME HAS EXPIRED IMPACT THAT THESE PROJECTS HAVE. THANK YOU. THANK YOU, MR. MR. ELIAS, NEXT SPEAKER. AND, UH, CLERK, COULD YOU CALL THE NEXT TWO AFTER? UM, YES. WELL, AFTER VALERIE, WE HAVE AMBER ORR AND SCOTT COLLIER, MR. COLLIER AND MS. OR IF YOU ARE IN THE AUDIENCE, PLEASE COME DOWN TO THE FRONT. AND MS. MENARD, YOU ARE ON. YOU HAVE THREE MINUTES. THANK YOU. UH, GOOD AFTERNOON COUNCIL. UM, THE MAYOR'S NOT THERE, BUT NICE TO MEET YOU. [03:40:01] . UM, CITY MANAGER, UM, THIS, MY NAME IS VALERIE MENARD AND I'M HERE, UM, WITH POED. UM, THAT IS THE PEOPLE ORGANIZED IN DEFENSE OF EARTH AND HER RESOURCES. UM, AND, UM, A VOTER FROM DISTRICT ONE. UH, I'M CALLING ON FOR A MORATORIUM ON ALL DB 90 CASES IN ORDER TO BRING, UH, THE LOCAL COMMUNITY TO THE TABLE. UM, MIXED USE IS NOT CURRENTLY FAMILY FRIENDLY, AND I THINK THAT'S ONE THING THAT DB 90 JUST DOES NOT ADDRESS, IS THE NEEDS OF FAMILIES. IT'S DEFINITELY FOR YOUNGER FOLKS TO GET THEM SOME, UH, APARTMENT HOUSING, BUT IT'S REALLY NOT COMPATIBLE FOR FAMILIES. UH, AND THEN THE MIXED USE, BECAUSE OF THE INCLUSION OF BARS, UH, CONTINUES TO, UH, EXACERBATE THAT INCOMPATIBILITY FOR FAMILIES. AND AGAIN, THEN AGAIN, FEWER UNITS ARE ALSO PROVIDED. UH, ALSO PROVIDE SPACE FOR FAMILIES, UH, TO DEDICATE 10% AT 80 TO 60%. MFI FOR AFFORDABLE HOUSING DOES NOT ADDRESS AFFORDABILITY. UM, IT MUST BE AT LEAST 30 TO 50% MFI. AND UNTIL YOU DO THAT, WE'RE JUST NOT GONNA, UH, SOLVE THIS PROBLEM. UH, LOW INCOME COMMUNITIES IN THE EASTERN CRESCENT ALREADY DEAL WITH POWER OUTAGES, FOOD DESERTS, AND HIGHER UTILITY RATES DUE TO POORLY WEATHERIZED HOMES. BUT THAT SPECIFICALLY OPPOSES CASES 1 77 AND 1 78 BECAUSE THEY ENCROACH TWO DEEPLY INTO NEIGHBORHOODS AND ARE TOO CLOSE TO EL TO THE ELEMENTARY SCHOOL. THE ONLY WAY TO ADD TO THE, UH, AFFORDABLE HOUSING STOCK THAT IS AVAILABLE TO THOSE WHO NEED IT IS TO PRICE THEM BASED ON THE INCOME OF, UH, THOSE OF THE NEIGHBORHOODS THAT THEY'RE IN, WHICH THEY'RE LOCATED, AND TO STRENGTHEN ENFORCEMENT TO MAKE SURE THAT THESE AFFORDABLE UNITS ARE REALLY GOING TO THOSE WHO NEED THEM. THIS WOULD BE PART OF AN EQUITY OVERLAY. AND UNTIL A COMPLETED OVERLAY IS ADOPTED, NO DB 90 CASES SHOULD MOVE FORWARD. THANK YOU. THANK YOU. NEXT SPEAKER, MS. OR, AND WHO IS, WHO IS UP NEXT? WE, UH, I CALL THE NAMES AMBER OR, AND SCOTT COLLIER. WE HAVE, UH, CHRISTOPHER PAGE AND LORRAINE ATHERTON ON DECK. IF YOUR NAME'S BEEN CALLED, PLEASE HEAD UP TO THE PODIUM AND STATE YOUR NAME. CAN YOU, UH, CALL SOME OTHER NAMES? I SEE MR. PAGE AND I SEE MS. ATHERTON, BOTH OF YOU. PLEASE COME DOWN TO THE FRONT SO YOU CAN SPEAK AND CLERK PLEASE GIVE US THREE MORE NAMES. OKAY. WE'VE GOT RUSTY WILMAN AND RUSSELL BECK AND CARMEN YANAS AND MONICA GUZMAN. THESE ARE ALL ON ITEM 1 58. THANK YOU, MS. ATHERTON. YOU HAVE THREE MINUTES. OKAY. I'M LORRAINE ATHERTON. I'VE SUPPORTED AFFORDABLE HOUSING AND VMU PROJECTS ON SOUTH LAMAR FOR MORE THAN 20 YEARS. SUBSECTION E OF THE DB 90 ORDINANCE OMITS THE TIMEFRAME FOR THE AFFORDABILITY MINIMUMS. IT SHOULD BE 99 YEARS AND 40 YEARS. IT'S NOT CLEAR WHY THE WORDING HAS CHANGED SO DRASTICALLY FROM THE ORIGINAL VMU LANGUAGE WHERE THE VMU ORDINANCE PROHIBITED USE OF THE OVERLAY ON EXISTING RESIDENTIAL PROPERTIES AND PROHIBITED FEE IN LIEU. DB 90 ENCOURAGES THE DEMOLITION OF EXISTING MULTIFAMILY STRUCTURES, ALLOWING THE CITY COUNCIL TO WAIVE THE REPLACEMENT REQUIREMENTS FOR ANY REASON. THE CALCULATIONS OF FEE IN LIEU, UH, UH, DO NOT SPEC, ARE NOT SPECIFIED IN THE ORDINANCE. AND THERE ARE NO OBJECTIVE CRITERIA FOR THE REPLACEMENT WAIVER WHERE THE VMU ORDINANCE PROHIBITED ALL RESIDENTIAL USES OTHER THAN MULTIFAMILY DWELLINGS WITHIN A VMU STRUCTURE. DB 90 HAS NO RESTRICTIONS, SEEMINGLY ALLOWING EVERYTHING FROM SINGLE FAMILY TO MF SIX. TODAY'S AMENDMENTS CHANGE THE DEFINITION OF THE GENERAL AND LIMITED OFFICE ZONING DISTRICTS, EFFECTIVELY TURNING THEM INTO GR AND CS BASE COMMERCIAL ZONING. THAT'S A SUBSTANTIAL ZONING CHANGE AND SHOULD BE HANDLED THROUGH A SEPARATE PUBLIC PROCESS WITH NOTIFICATION TO ALL THE AFFECTED PARTIES. THEREFORE, I, I AND THE ZILKER NEIGHBORHOOD ASSOCIATION VIGOROUSLY SUPPORT THE POSTPONEMENT OF ALL THE DB 90 CASES. THANK YOU. THANK YOU, MR. PAGE. YOU'RE NEXT. MR. PAGE. YOU'RE NEXT. AND THE OTHER SPEAKERS WHOSE NAMES WERE CALLED. I SEE MS. GUZMAN. I SEE MS. POLITO IN THE BACK. I THINK, IS THAT IT FOR SPEAKERS? MR. PAGE? YOU HAVE THREE MINUTES. SURE. UH, PROBABLY ACTUALLY WON'T USE THAT MUCH. I THINK MOST OF THE, UH, PEOPLE WHO'VE TESTIFIED SO FAR HAVE ALREADY SAID A LOT OF WHAT I WOULD SAY. UM, I THINK THE PUBLIC DESERVES TO HAVE A FULLY DEFINED ORDINANCE BEFORE ANYTHING IS IMPLEMENTED. UM, I THINK THAT A LOT OF THIS IS VERY GROSSLY MISCALIBRATED TO LOCAL CONTEXTS. [03:45:01] AND IN PARTICULAR, I THINK THE EFFECT ON CONDITIONAL OVERLAYS, WHICH WERE OFTENTIMES VERY CAREFULLY NEGOTIATED TO TAILOR SPECIFIC ZONINGS TO SPECIFIC ENVIRONMENTS AND CONDITIONS. I THINK THAT'S CRUCIAL. I ALSO THINK I, I AM PERPLEXED AT HOW PART FIVE OF VM U2 DISAPPEARED. HOW DID WE STOP THINKING ABOUT THE APPLICATION OF WHAT WE'RE CALLING AFFORDABLE HOUSING? EVEN THOUGH OUR MFI IS RADICALLY DIFFERENT AND FAR OUT OF STEP WITH WHAT IS TRULY AFFORDABLE TO THE RESIDENTS IN OUR CITY. SO I WOULD ENCOURAGE THIS ORDINANCE NEVER COME BACK WITHOUT PART FIVE. AND IT'S CERTAINLY, UH, IS NOT THE SAME THING AS VM U2. COMPATIBILITY SHOULD BE THERE, CO SHOULD SURVIVE. PART FIVE OF THE ORDINANCE SHOULD BE ALIVE. AND YOU SHOULD START TO THINK CAREFULLY ABOUT HOW MUCH WORK AND EFFORT FROM VOLUNTEERS WENT INTO THE CREATION OF NEIGHBORHOOD PLANS AND HOW THOUGHTFUL THEY ARE IN CONSIDERING EVERYTHING FROM THE ENVIRONMENT TO THE QUALITY OF LIFE. AND WITHOUT THAT, I THINK YOU'LL CONTINUE TO SEE SHORTAGES IN YOUR BUDGETS AND, UH, OUT MIGRATION FROM THE CITY. THANK YOU. THANK YOU. NEXT SPEAKER. I, MS. GUZMAN, I THINK, OR? YES. THANKS FOR YOUR TIME. I'M RUSS DOBE FROM DISTRICT THREE, AND I STAND WITH ALL THESE OTHER FOLKS IN OPPOSITION OF THIS ITEM IN SOLIDARITY WITH THE AUSTIN NEIGHBORHOODS COUNCIL, EAST AUSTIN CONSERVANCY, GO VALLEY, JOHNSON TERRACE CONTACT TEAM AND PODER. WERE ASKING FOR A MORATORIUM OF ALL THESE CASES TO LATER IN THE YEAR. GIVE TIME FOR THIS LANGUAGE TO BE MORE WELL UNDERSTOOD BY ALL THESE FOLKS. UM, AND WE'RE ASKING FOR IT TO COME BACK TO COUNCIL FOR VOTE LATER, ONCE THE LANGUAGES CAN BE MORE WELL UNDERSTOOD BY ALL THESE REASONABLE FOLKS. UH, RAUL ALVAREZ CHOSE NOT TO SPEAK, BUT HE'S, HE'S ASKING FOR SPEAKING TIME AS WELL. THANKS. GOOD AFTERNOON, MAYOR COUNCIL. I'M MONICA GOSMAN, POLICY DIRECTOR AT GAVA. GO AUSTIN. BA AUSTIN. WE STAND, EXCUSE ME. WE SUPPORT AND STAND WITH THE AUSTIN NEIGHBORHOOD COUNCIL'S DB 90 MORATORIUM. UNTIL THE CITY REVIEWS CUMULATIVE IMPACTS, WE ARE OPPOSED TO ITEM 1 58. IT IS NOT ETHICAL TO CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE AMENDING THE CITY CODE TO REVISE REGULATIONS APPLICABLE TO THE DB 90 COMBINING DISTRICT AND VOTE ON DOZENS OF DB 90 CASES. IN THE SAME COUNCIL MEETING, YOU HAVE AN OPPORTUNITY TO MAKE THIS A COMMUNITY INVESTMENT. DO YOU HAVE COMMUNITY AT THE TABLE? BECAUSE YOU CAN DO THIS RIGHT. RESPOND TO LOCAL OP ENTREPRENEURS WHO MADE THE CITY WHAT YOU LOVE AND BRING SMALL BUSINESSES TO THE TABLE. YOU CAN DO THIS DIFFERENTLY BY INCLUDING REGULATIONS WITHOUT WHICH YOU ARE EXCLUDING PEOPLE AND SMALL BUSINESS OWNERS. IT'S A MISTAKE TO MAKE BARS ELIGIBLE FOR AFFORDABILITY BONUSES AND WILL DISINCENTIVIZE HOUSING IN MORE FAMILY FRIENDLY BUSINESSES. AUSTIN HAS A HIGHER PER CAPITAL ALCOHOL SALES THAN ANY OTHER CITY IN TEXAS. WE ARE BECOMING LESS FAMILY FRIENDLY. WE HAVE NO SHORTAGE OF BARS, BUT OTHER SMALL BUSINESSES ARE HURTING TO PAY THE RENT. WHO DO YOU WANT TO SUPPORT WITH THESE INCENTIVES? RECENT POWER OUTAGES ALL IN THE EASTERN CRESCENT WILL INCREASE IN NUMBER IN FREQUENCY AS NEW DEVELOPMENTS AND REDEVELOPMENTS GO ONLINE. YOU CAN REDUCE THIS BY REQUIRING SOLAR BOUNDARIES AND STORAGE ON DB 90 CASES. AND SOME OF THEM COULD BE SITES OF SOLAR LOAD DISTRIBUTION. YOU CAN ADDRESS WATER RECAPTURE FOR WATER FORWARD AND ADDRESS UNDERGROUND WATER INFRASTRUCTURE, WHICH AT THIS TIME CANNOT HANDLE THE ANTICIPATED INCREASE IN WATER USE, RESULTING FROM NEW DEVELOPMENTS AND REDEVELOPMENTS. IF YOU VOTE ON THIS TODAY, YOU COULD SEAL THE FATE OF AUSTIN'S EASTERN CRESCENT. INSTEAD, YOU CAN TAKE THE TIME TO IMPROVE LANGUAGE WITH THE EQUITY OVERLAY AND USE FEDERAL FUNDS FOR DEEPLY AFFORDABLE HOUSING CONDUCT AN MFI COMPARISON. IF THE CENSUS TRACKED MFI IS LOWER THAN THE AUSTIN TRAVIS COUNTY MFI USE THE FORMER WAIT FOR IMPLEMENTATION OF AN EQUITY OVERLAY. DOING BOTH COULD KEEP TRANSIT ORIENTED NEIGHBORHOODS IN PLACE. TAKING THE TIME TO DO THIS RIGHT IS IMPORTANT. YOU DON'T HAVE TO FALL VICTIM TO A FALSE SENSE OF URGENCY FOR MARKET DRIVEN REDEVELOPMENT AND RUSHING TO CATER TO MARKET INTEREST WITHOUT BARGAINING FOR REAL COMMUNITY BENEFITS. AND THAT IS WHAT MAKES GENTRIFICATION HARMFUL. THANK YOU. [03:50:06] GOOD AFTERNOON, MAYOR AND COUNCIL, CITY MANAGER TC BROAD NECKS. WELCOME. I AM CARMEN JANNIS ALITO. I AM, UH, THE EXECUTIVE DIRECTOR OF GO AUSTIN BAOS AUSTIN, A DISTRICT NINE A RESIDENT. I'M ALSO A CANDIDATE FOR MAYOR OF AUSTIN AND I'M HERE TODAY, UH, TO SPEAK IN SUPPORT OF A LOT OF THE COMMUNITY CONCERNS THAT YOU'VE HEARD. UM, THIS IS AGAIN, YOUR OPPORTUNITY TO DEVELOP AUSTIN WRIGHT. WE TALK A LOT ABOUT THE HISTORY THAT HAS CREATED SUCH VAST INEQUITIES IN THE CITY OF AUSTIN. AND MANY OF YOU TALK ABOUT AFFORDABILITY. MANY OF YOU'RE TALKING ABOUT AFFORDABILITY EVERY DAY AND CHAMPIONING IT, BUT WE HAVE YET TO SEE IT IN THE POLICIES WE HAVE HOPE WE KICKED OPEN THE DOOR FOR A FEASIBILITY ON EQUITY OVERLAY FOR HOME THANKS TO COUNCIL MEMBER FUENTES. UM, BUT WE HAVE NOT YET TAKEN ACTION. AND THAT CRY FOR AN EQUITY OVERLAY TO LOOK AT HOW TO CORRECT THE INJUSTICES OF THE PAST, OR AT LEAST NOT MAKE THEM WORSE WITH OUR POLICY DOESN'T JUST EXTEND TO THE HOME ONE AND TWO INITIATIVE DB 90 DENSITY BONUS 90 ADDITIONAL FEAT FOR REGULAR PEOPLE WATCHING. IT'S VERY DIFFICULT TO FOLLOW IN LAND USE POLICY, BUT FOR THOSE OF US WHO HAVE FOLLOWED ALONG ON THIS STORY, WE KNOW THAT IT GIVES AWAY BASICALLY EVERYTHING THAT AFFORDABILITY UNLOCKED GAVE AWAY. THAT DARLING, THAT FORMER FORMER COUNCIL MEMBER NOW, CONGRESSMAN CASAR, UH, HELPED GET PASSED. YOU HAVE NOW GIVEN A CATEGORY THAT GIVES AWAY ALL THOSE GOODIES WITH NONE OF THAT AFFORDABILITY, WITH JUST A SPRINKLING AND FEE IN LIEU. AND YOU HEARD MS. LORRAINE ATHERTON SPEAK TO THE DECADES OF WORK THAT WENT INTO CREATING ALL THOSE NEW UNITS ALONG SOUTH LAMAR BURNETT ROAD. THAT'S VERTICAL MIXED USE. THAT WAS ACTUALLY A NEGOTIATION OF INFILL URBANIST DEVELOPMENT BY YOUR COMMUNITY. AND THIS IS A WAY TO BYPASS. SO THERE ARE A LOT OF FOLKS WAITING FOR YOU TO PASS THESE. AND EVENTUALLY WE'RE GONNA PUT A MAP UP HERE THAT SHOWS WHERE ALL OF THESE ARE. 'CAUSE YOU KNOW WHERE THEY ARE. AND WE'RE ALREADY SEEING THE DISPARITY IN HOW PEOPLE ARE TREATED AT PLANNING COMMISSION ON TUESDAY. HOW NEIGHBORHOODS WEST OF I 35 ARE BEING CONSULTED ABOUT THESE DENSITY BONUS PROJECTS. ARE YOU SURE THIS IS WHAT YOU WANT? ARE YOU SURE YOU WANT A PDA INSTEAD OF A PLANNED UNIT DEVELOPMENT WHERE THE CITY WILL REQUIRE THE COMMUNITY BENEFITS INSTEAD OF YOU JUST GETTING THEM PROMISED WITH A HANDSHAKE AND A WINK. THIS IS YOUR DECISION TO MAKE GOOD POLICY. THAT ACTUALLY SAID, WE CAN LOOK BACK AND SAY, WE APPROVED QUALITY DENSITY, WE BROUGHT NEW UNITS, NEW ECONOMIC DEVELOPMENT, AND WE KEPT LOCAL BUSINESSES. WE ACTUALLY PUT IN MIXED INCOME NEIGHBORHOODS THAT WOULD STIMULATE OUR ECONOMY AND CONTINUE TO ATTRACT PEOPLE TO AUSTIN. ARE WE GONNA LOOK BACK AND SAY, YOU MADE IT ANYWHERE BOUGIE. USA, MOST PEOPLE CAN'T AFFORD IT. MOST PEOPLE CAN'T STAND IT AND PEOPLE ARE LEAVING AUSTIN BECAUSE THE CULTURE IS GONE. WHAT IS GOING TO BE YOUR LEGACY? 'CAUSE WE'RE HERE TO WORK WITH YOU. WE HAVE SO MUCH EXPERTISE AND WE'RE JUST WAITING FOR YOU TO LET US IN TO DO SOMETHING BETTER PAUSE ON DB 90 MORATORIUM. DO IT BETTER. THANK YOU. ALL SPEAKERS FOR ITEM 1 58 HAVE BEEN CALLED MAYOR, WE, WE WEREN'T ABLE TO HEAR YOU. OH, ALL SPEAKERS FOR ITEM 1 58 HAVE BEEN CALLED. THANK YOU. REMEMBER, HAS YOUR NAME BEEN CALLED? I SIGNED UP NOT TO SPEAK, BUT THEN, THEN YOU CAN'T I WASN'T HERE. I WASN'T HERE. I WASN'T HERE EARLIER TODAY. WELL, SO I CAN'T UNCHECK THE BOX SO THAT I CAN SPEAK. NO, UH, NO. SORRY. THANK YOU. WELL, YOU KNOW, YOU KNOW THAT COUNCIL MEMBER? NO, I DON'T. OKAY. UM, THOSE ARE ALL THE PEOPLE THAT SIGNED UP TO SPEAK ON THE PUBLIC HEARING ON ITEM NUMBER 1 58. WITHOUT OBJECTION, WE WILL CLOSE THE PUBLIC HEARING ON ITEM NUMBER 1 58. COUNCIL MEMBER VELA. I'LL RECOGNIZE YOU. THANK YOU, MAYOR. I'LL, UH, MOTION TO APPROVE A STAFF'S VERSION. ALL RIGHT. THE MOTION HAS BEEN MADE BY COUNCIL MEMBER VELA TO APPROVE THE STAFF RECOMMENDATION IS SECONDED BY THE MAYOR PRO TIM. DISCUSSION ON THE ITEM, UH, COUNCIL MEMBER VALEN. AND THEN I'LL, UH, RECOGNIZE THE MAYOR PRO TIM, CAN WE CALL UP, UH, STAFF TO, UH, TO EXPLAIN, UH, THEIR, UH, RECOMMENDATION, UH, AND IN PARTICULAR THE, THE DECIBEL, UH, UH, UH, THE NOISE PORTION OF THE, UH, OF THE RECOMMENDATION. HELLO? YES. PAUL BOOKS, UH, WITH THE PLANNING DEPARTMENT. SO, UM, WHAT WE'RE TRYING TO DO MOSTLY TODAY IS TO BRING DB 90 IN LINE WITH CITYWIDE POLICIES AS IT RELATES TO COMPATIBILITY AS WELL AS THE GROUND FLOOR COMMERCIAL. SO THAT'S REALLY IN GENERAL WHAT WE'RE TRYING TO DO, UH, TODAY. AND SO 70 DECIBELS WAS ACCEPTED AS THE, UH, LIMIT FOR MECHANICAL EQUIPMENT WHEN WE CAME FOR RECOMMENDATION ON THE, UH, COMPATIBILITY CITYWIDE POLICY. UM, AND [03:55:01] SO WE'RE RECOMMENDING TO MAINTAIN THAT EXISTING CITYWIDE STANDARD WITHIN THE DB 90 PROGRAM. HOWEVER, WE DO, UM, WANT TO SAY THAT WE WOULD APPRECIATE ADDITIONAL DIRECTION FROM CITY COUNCIL THROUGH A RESOLUTION OR INITIATION OF CODE CHANGES, IF THAT'S WHAT THEY WOULD LIKE TO DO TO GIVE US THE OPPORTUNITY TO ANALYZE, UM, KIND OF DECIBEL LIMITS ON A CITYWIDE BASIS IF THAT'S DETERMINED THAT THAT IS WHAT, UH, WHAT WOULD BE BEST. AND THE, UM, THE DECIBEL LIMITS. AND, AND AGAIN, I'M GONNA HAVE TO KIND OF, YOU GONNA HAVE TO EXPLAIN THIS A BIT, THE DECIBEL LIMITS, WHAT WOULD BE THE CITYWIDE, UH, YOU KNOW, WHEN SOMEONE IS, IS MAKING TOO MUCH NOISE AND, AND THEY'RE THEY'RE VIOLATING THE CITY'S, UH, NOISE ORDINANCE. WHAT, WHAT DECIBEL LIMIT IS THAT? YEAH, SO, UM, PASSED WITH THE CITYWIDE COMPATIBILITY AMENDMENT, IT WAS SET AT 70 DECIBELS, AND THAT'S WHEN YOU'RE SHARING A PROPERTY LINE WITH A, UH, SINGLE FAMILY HOME BASICALLY. MM-HMM. . SO IT'S A 70 DECIBEL LIMIT FOR A EITHER COMMERCIAL OR MULTIFAMILY, UH, PROPERTY THAT, UH, SHARES, UH, A LOT LINE WITH A, UH, A SINGLE FAMILY HOME? THAT'S CORRECT. OKAY. AND, AND, AND AGAIN, JUST FOR COMPARISON'S SAKE, WHEN YOU KNOW, SOMEONE IS CALLED, AGAIN, LET'S SAY IT IS A SINGLE FAMILY HOME THAT'S MAKING A LOT OF NOISE. IN OTHER WORDS, IF, IF YOU KNOW, THEY, THE POLICE OR CODE, WHOEVER GETS THE CALL AND SAYS, YOU KNOW WHAT, UH, YOU KNOW, THIS PERSON'S MAKING TOO MUCH NOISE. WHAT DECIBEL LEVEL IS THAT, THAT THEY'RE MEASURING? SO THAT WOULD BE THE SAME. THEY'RE, THEY'RE MEASURING FOUR 70 DECIBELS AT THE PROPERTY LINE. UM, SO IT WOULD BE THE SAME. UH, OKAY. UH, AND THAT 70 DECIBELS HAS HISTORICALLY BEEN, IN OTHER WORDS, THAT THAT IS, IN OTHER WORDS, THAT'S THE STANDARD THAT AUSTIN HAS SET AND THAT HAS BEEN THE STANDARD FOR, FOR QUITE SOME TIME. YES. SO IN THE, UH, WHEN CITY COUNCIL INITIATED CHANGES TO THE COMPATIBILITY STANDARDS, IT DID NOT INCLUDE A, A REQUEST TO STUDY THE DECIBEL LEVEL AT THAT TIME. SO 70 WAS THE DECIBEL LIMIT PRIOR TO THE CHANGE, AND THEN IT HAS WAS MAINTAINED, UM, AS 70 BECAUSE THAT WAS NOT PART OF WHAT WAS REQUESTED TO BE STUDIED OR MADE A RECOMMENDATION OF DURING THAT CITYWIDE COMPATIBILITY CODE AMENDMENT. MM-HMM. . AND ONE OF THE EXAMPLES THAT, THAT WAS SHOWN, IT WAS, I BELIEVE IT WAS A COMMERCIAL PROPERTY. UH, THOSE WOULD BE UNDER, UH, UH, IN OTHER WORDS, THERE WERE NO SCREENING REQUIREMENTS OR ANYTHING ON THOSE KIND OF JUST A NORMAL, UH, UH, YOU KNOW, COMMERCIAL, UH, LEASE OWNED PROPERTY. IS THAT CORRECT? SO, UM, LIKE WE'RE DOING TODAY, WE HAVE INCREASED THE SCREENING REQUIREMENTS FOR THOSE COMMERCIAL PROPERTIES. SO, UM, THOSE, UH, ROOFTOP MECHANICAL EQUIPMENTS, UM, WOULD BE REQUIRED TO BE SCREENED. SO PRIOR TO THE CHANGE, THEY WERE ONLY REQUIRED TO BE MADE NOT VISIBLE AT THE PROPERTY LINE. GOING FORWARD, THEY WOULD, WILL BE REQUIRED TO BE SCREENED AND NOT VISIBLE AT THE PROPERTY LINE. SO THE CURRENT REQUIREMENT IN CODE AND NOT JUST DB 90, IS THAT CORRECT? IS IT BEYOND JUST DB 90 FOR, UH, THE SCREENING REQUIREMENTS? THAT'S CORRECT. OKAY. SO THE CURRENT CODE REQUIREMENT IS THAT MECHANICAL EQUIPMENT AT THE ROOF OR WHEREVER IT MAY BE, DOES HAVE TO BE SCREENED, AND THE GOAL, UH, THERE IS TO REDUCE THE NOISE FROM THAT MECHANICAL EQUIPMENT. IS THAT RIGHT? THAT'S CORRECT. GOT IT. UH, THANK YOU. NO FURTHER QUESTIONS. MAYOR PRO TIM, FOLLOWED BY COUNCIL MEMBER KELLY. SO COLLEAGUES, I JUST WANTED TO MAKE A COUPLE OF COMMENTS. I KNOW THIS ITEM IS A CODE CLEANUP, BUT IT'S A GOOD TIME TO ACKNOWLEDGE THE WORK OF THIS COUNCIL AND ALSO THOSE WHO SERVED ON THIS DICE PREVIOUSLY. TO ADDRESS OUR HOUSING AFFORDABILITY CHALLENGES, WE'VE HEARD CALLS FOR MORE AFFORDABLE HOUSING FOR ALL KINDS OF PEOPLE AND ALL KINDS IN ALL PARTS OF TOWN FOR YEARS. AND THE COUNCIL HAS ACKNOWLEDGED AND JOINED THOSE CALLS AND THE CITY IS RESPONDING WITH POLICY REVISIONS AND THIS DAIS CONTINUES TO ACT DB 90 AND ITS ORIGINAL ITERATION. VM U2 IS JUST ONE EXAMPLE OF SPECIFIC TARGETED ACTION. I WANNA RECOGNIZE FORMER COUNCIL MEMBER ANNE KITCHEN, WHO CREATED VM U2 AS AN ALTERNATIVE TO ZONING DISTRICTS THAT OFFER THE SAME ENTITLEMENTS WITHOUT COMMUNITY BENEFITS SUCH AS MF SIX. IT'S ALSO IMPORTANT TO ACKNOWLEDGE THE CONCERNS EXPRESSED AROUND ONGOING DISPLACEMENT. THE COUNCIL IS CONSTANTLY WORKING TO ENABLE INCOME RESTRICTED UNITS. WE HAVE DONE THIS WORK FOR A VERY LONG TIME. THE COUNCIL ALSO IS STRIVING TO BUILD NEW PROGRAMMATIC ELEMENTS THAT HELP NEIGHBORS WITH ACCESS TO CAPITAL OR TO REPAIR THEIR HOMES TO AGE IN PLACE. THERE'S A LOT MORE TO DO, BUT WE [04:00:01] CONTINUE TO COMMIT OURSELVES TO ENSURING THAT EVERYONE CAN PARTICIPATE IN AUSTIN'S ECONOMIC PROSPERITY ON THIS DB 90 TOOL. THERE IS TREMENDOUS BENEFIT TO LOCKING IN INCOME RESTRICTED UNITS, ESPECIALLY ON CORE TRANSIT CORRIDORS WHERE TRANSPORTATION MOBILITY CAN EQUAL ECONOMIC MOBILITY. I AM CONFIDENT THAT WE WILL ALSO CONTINUE TO IMPROVE AND EXPAND AFFORDABILITY TOOLS SO THAT AUSTIN CAN BE A HOME FOR EVERYONE. THAT CONTINUES TO BE MY GOAL, AND I SEE DB 90 AS A KEY ELEMENT IN THIS WORK. THANKS, MAYOR. THANK YOU MAYOR PRO TIM. COUNCIL MEMBER KELLY? YEAH. UM, I HATE TO FOLLOW COUNCIL MEMBER POOLE'S GREAT, UM, SPEECH WITH ASKING STAFF ANOTHER QUESTION, BUT I'M WONDERING IF THAT WOULD BE APPROPRIATE, PLEASE. YES. OKAY. THANK YOU. I'M WONDERING IF YOU COULD EXPLAIN TO US, UM, WHAT MIGHT HAPPEN IF WE DO NOT PASS THIS ITEM TODAY. UM, IF THERE ARE EFFECTS OF THAT, THAT, THAT LOOM IN THE COMMUNITY WITH NOT PASSING THIS. UM, SO AGAIN, WHAT WE'RE TRYING TO DO IS TO ALIGN THE REQUIREMENTS WITH CITYWIDE STANDARDS, SO THEN THAT WOULD NOT TAKE PLACE. THE COMMERCIAL STANDARDS FOR THE GROUND FLOOR WOULD BE DIFFERENT THAN WHAT YOU SEE IN VMU. THE SCREENING STANDARDS WOULD BE DIFFERENT THAN WHAT YOU SEE IN THE CITYWIDE POLICY. UM, SO GENERALLY THAT I GUESS WOULD BE THE IMPACT. THANK YOU VERY MUCH. I'LL BE VOTING YES ON THIS ITEM. THANK YOU. THANK COUNCIL MEMBER VELA. I'LL LET YOU CLOSE. OH, GO AHEAD. I'M SORRY. COUNCILOR RYAN ALTER THEN WILL HAVE COUNCIL MEMBER VELA CLOSE. JUST REAL QUICK, I I WANT TOUCH ON THE, THE DECIBEL LEVEL, AND I KNOW IN YOUR REPORT YOU MENTIONED THAT, YOU KNOW, THIS IS SOMETHING YOU WANNA LOOK AT HOLISTICALLY. IT'S, IT IS NOT JUST IN DB 90 THAT WE HAVE THIS RESTRICTION. IT IS DIFFERENT LEVELS THROUGHOUT THE CODE. AND SO I THINK, UH, YOU BROUGHT UP A, A WORTHY THING FOR US TO LOOK AT IN THE FUTURE OF SHOULD WE ANALYZE OUR SOUND REQUIREMENTS OR RESTRICTIONS THROUGHOUT THE CITY AND FIGURE OUT WHAT IS APPROPRIATE. YOU KNOW, WE TALK ABOUT AMPLIFIED SOUND WHEN YOU CAN OR CANNOT HAVE IT IN A RESIDENTIAL AREA, AND THERE IS A DIFFERENCE I, IN MY MIND OF, OF TEMPORARY NOISE VERSUS, YOU KNOW, THE EXAMPLE GIVEN ABOUT MECHANICAL NOISE, WHICH IS OFTEN RUN PRETTY CONTINUOUSLY OR FOR VERY LONG PERIODS OF TIME. AND SO I COULD SEE THERE BEING SOME NEED TO TREAT THESE POTENTIALLY A LITTLE BIT DIFFERENTLY AS WE THINK ABOUT A, A 60 TO 90 FEET DEVELOPMENT THAT IS GONNA HAVE, UH, SOME OF THOSE MECHANICAL SOUNDS OPERATING THROUGHOUT THE DAY AND NIGHT. SO, UM, I WOULD LOVE FOR US TO TAKE THAT UP AT A, A FUTURE TIME AND ADDRESS THIS HOLISTICALLY RATHER THAN JUST THIS ONE LITTLE, UH, PART TODAY AND TRY TO GET IT RIGHT. THANK YOU. COUNCIL MEMBER, UM, MEMBERS, I'M GONNA CALL ON COUNCIL MEMBER VELA TO CLOSE UNLESS SOMEONE ELSE WISHES TO BE RECOGNIZED. COUNCIL MEMBER VALA. UH, THANK YOU, MAYOR. I JUST WANTED TO, UH, POINT OUT THAT THE, THE, THE DB 90 HAS, UH, 12% REQUIRES EITHER, UH, 12% OF THE UNITS TO BE AFFORDABLE AT 60% MFI OR 10% OF THE UNITS AT 50%. MFI. THAT'S A SIGNIFICANT IMPROVEMENT FROM THE TYPICAL. AGAIN, VMU CAN BE EITHER AT 80% OR 60% DEPENDING ON, UH, THE, THE NEIGHBORHOOD, UH, UH, CHOICE. BUT, UH, IT'S A SIGNIFICANT IMPROVEMENT. 80%. MFI, AGAIN, FROM MY PERSPECTIVE IN IN DISTRICT FOUR, UH, THE AVERAGE APARTMENT PRICE RENT IS 80% MFI LEVEL, SO AN 80%, UH, MFI AFFORDABLE UNIT REALLY DOES NOTHING IN A DISTRICT FOR A 60%. UH, MFI AFFORDABLE UNIT DOES, UH, PROVIDE, UH, YOU KNOW, A SUBSTANTIAL DISCOUNT FOR AN APARTMENT IN A DISTRICT FOUR THAT WOULD PROBABLY BE ABOUT $150, MAYBE ABOUT $200, UH, OFF OF WHAT THE, THE KIND OF AVERAGE RENT IN, UH, DISTRICT FOUR WOULD BE. AND OBVIOUSLY A 50% MFI UNIT. UH, THAT'S WHERE WE'RE REALLY STARTING TO GET INTO A, A DEEPER, UH, LEVEL OF AFFORDABILITY. UH, I'M VERY, UH, PROUD OF, OF THIS COUNCIL OF OF STAFF, YOU KNOW, FOR, FOR PUSHING ON THOSE UH, LEVELS. I THINK AT SOME POINT WE REALLY DO NEED TO LOOK AT SOME OF THE VMUI. I DON'T KNOW IF 80% MFI IS REALLY DOING MUCH FOR ANYBODY AT THIS POINT, MAYBE IN FAR WEST AUSTIN WHERE, YOU KNOW, THE, THE RENTS WOULD BE HIGHEST, UH, THAT THAT MAY PROVIDE SOME KIND OF, UH, OF DISCOUNT, UH, ON RENT. BUT, UH, I, I JUST, I THINK WE'VE GONE PAST, UH, THE POINT WHERE 80% MFI, UH, DOES MUCH OF ANYTHING. AND, AND I DO HOPE THAT WE LOOK AT THOSE, UH, THOSE AFFORDABILITY LEVELS, UH, MOVING FORWARD AT SOME POINT. SO, UH, WITH THAT I WOULD, UH, I THINK THIS IS A GOOD CLEANUP. I THINK THIS IS A GOOD ITEM. UH, I DO APPRECIATE THE COMMENTS ABOUT THE DECIBEL LEVEL AND, AND LOOKING AT THAT AND ON A BROADER PERSPECTIVE, BUT THE, THE CURRENT SCREENING REQUIREMENTS, [04:05:01] AS STAFF POINTED OUT, UH, THEY'RE DESIGNED TO MINIMIZE THOSE NOISE. WE SHOULD NOT HAVE ANY KIND OF MECHANICAL EQUIPMENT BUILDINGS BUILT WITH MECHANICAL EQUIPMENT THAT'S UNSCREENED AND JUST BLASTING NOISE INTO NEIGHBORHOODS. WE ABSOLUTELY DO NOT WANT THAT TO HAPPEN. THANK YOU, MAYOR. THANK YOU. COUNCILMAN VELA. UM, MEMBERS, THAT'S ALL OF THE DISCUSSION, UM, WITHOUT OBJECTION. ITEM NUMBER 1 58 IS ADOPTED WITH COUNCIL MEMBER HARPER MADISON, ABSENT, AND COUNCIL MEMBER ALLISON ALTER OFF THE DAIS MEMBERS. ITEM ONE NUMBER 1 59 HAS BEEN POSTPONED TO OCTOBER 10TH, ITEM NUMBER [160. Conduct a public hearing in accordance with Texas Parks and Wildlife Code Chapter 26 to consider a resolution authorizing permanent and temporary changes of use of dedicated parkland, known as Waller Beach at Town Lake Metro Park, to allow Austin Energy to use approximately 13,116 square feet of parkland for subterranean electric duct bank and approximately 10,973 square feet of parkland for staging, access, and a temporary work area.] ONE 60, UH, WITHOUT OBJECTION, WE WILL OPEN A PUBLIC HEARING ON ITEM NUMBER ONE 60. THERE ARE NO SPEAKERS ON ITEM ONE 60 MEMBERS. THERE ARE NO SPEAKERS SIGNED UP TO SPEAK ON ITEM NUMBER ONE 60. SO WITHOUT OBJECTION, WE WILL CLOSE THE PUBLIC HEARING ON ITEM ONE 60 AND THE CHAIR WILL ENTERTAIN A MOTION WITH REGARD TO ITEM NUMBER ONE 60. COUNCIL MEMBER COD REMOVES APPROVAL OF ITEM NUMBER ONE 60. IT IS SECONDED BY COUNCIL MEMBER ELLIS. IS THEIR DISCUSSION ON ITEM NUMBER ONE 60 WITHOUT OBJECTION. ITEM ONE 60 IS ADOPTED WITH COUNCIL MEMBER HARPER MADISON, ABSENT AND COUNCIL MEMBER ALLISON ALTER, UH, OFF THE DAIS. ITEM NUMBER ONE 60 IS A PUBLIC HEARING AND CONSIDERING A RESOLUTION WITHOUT OBJECTION, [161. Conduct a public hearing and consider a resolution related to an application by 1950 Webberville Road (TX) Owner LP, or an affiliated entity, for housing tax credits for the acquisition and rehabilitation of a multi-family development to be financed through the private activity bond program and to be known as Heritage Pointe, located within the City at or near 1950 Webberville Road, Austin, Texas 78721.] WE'LL OPEN THE PUBLIC HEARING ON ITEM NUMBER 1 61. I'LL TURN TO THE CITY CLERK. THERE ARE NO SPEAKERS ON ITEM MEMBERS. THERE ARE NO SPEAKERS TO SIGN UP ON ITEM NUMBER 1 61 WITHOUT OBJECTION. WE'LL CLOSE THE PUBLIC HEARING AND I'LL ENTERTAIN A MOTION TO APPROVE ITEM NUMBER 1 61. COUNT. UH, COUNCIL MEMBER ELLIS MOVES APPROVAL AT A SECOND BY COUNCIL MEMBER CADRY. DISCUSSION WITHOUT OBJECTION. ITEM NUMBER 1 61 IS ADOPTED WITH COUNCIL MEMBER HARPER MADISON, ABSENT AND COUNCIL MEMBER ALLISON ALTER OFF THE DAAS. ITEM NUMBER 1 62 [162. Conduct a public hearing and consider an ordinance relating to the disannexation of approximately 28 acres located in Travis County, northwest of the intersection of U.S. Highway 290 East and Blue Goose Road. Case number: C7d-2024-0002. The property is in the Austin full purpose jurisdiction in Council District 1.] IS TO CONSIDER A, TO CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE WITHOUT OBJECTION, WE WILL OPEN THE PUBLIC HEARING ON ITEM NUMBER 1 62. I'LL TURN TO THE CITY CLERK. THERE ARE NO SPEAKERS MEMBERS. THERE ARE NO SPEAKERS ON ITEM NUMBER 1 62. SO WITHOUT OBJECTION, WE'LL CLOSE THE PUBLIC HEARING AND THE CHAIR WILL ENTERTAIN A MOTION TO APPROVE ITEM 1 62. COUNCIL MEMBER VELASQUEZ MOVES APPROVAL AT A SECOND BY COUNCIL MEMBER CADRE. ANY DISCUSSION? HEARING NONE, UH, WITHOUT OBJECTION. ITEM NUMBER 1 62 IS ADOPTED. ITEM [163. Conduct a public hearing and consider an ordinance relating to the disannexation of approximately 738 acres located in Lost Creek Limited District in Travis County, west of the intersection of Lost Creek Boulevard and Capitol of Texas Highway. Case number: C7d-2024-0001. The property is in Austin full purpose jurisdiction in Council District 8.] 1 63 IS TO CONDUCT A PUBLIC HEARING. CONSIDER AN ORDINANCE, UH, WITHOUT OBJECTION. WE'LL OPEN THE PUBLIC HEARING ON ITEM NUMBER 1 63. I'LL TURN TO THE CITY CLERK BUNCH. WE HAVE WILLIAM BUNCH ON ITEM 1 63. MR. BUNCH, YOU'RE WELCOME TO COME SPEAK MR. BUNCH. MR. BUNCH, ANYONE ELSE SIGNED UP TO SPEAK? THAT'S OUR ONLY SPEAKER MEMBERS. UM, WE'VE CALLED MR. BUN'S NAME WITHOUT OBJECTION. WE WILL CLOSE THE PUBLIC HEARING ON ITEM NUMBER 1 63, AND I'LL ENTERTAIN A MOTION COUNCIL MEMBER ELLIS MOVES APPROVAL OF ITEM NUMBER 1 63. IT'S SECONDED BY THE MAYOR PRO TIM, IS THERE ANY DISCUSSION WITHOUT OBJECTION? WE, UH, WILL APPROVE ITEM NUMBER 1 63 WITH COUNCIL MEMBER HARPER MADISON, UH, ABSENT AND COUNCIL MEMBER ALLISON ALTER OFF THE DAAS. THAT'LL [164. Conduct a public hearing and consider an ordinance relating to the disannexation of approximately 212 acres located in northwestern Travis County, adjacent to the boundary of the River Place Limited District. Case number: C7d-2024-0003. The property is in the Austin full purpose jurisdiction in Council District 10.] TAKE US TO ITEM NUMBER 1 64, WHICH IS TO CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE WITHOUT OBJECTION. WE'LL OPEN THE PUBLIC HEARING ON ITEM NUMBER 1 64. I'LL TURN TO THE CITY CLERK. THERE ARE NO SPEAKERS MEMBERS. THERE ARE NO SPEAKERS ON ITEM 1 64. SO WITHOUT OBJECTION, WE WILL CLOSE THE PUBLIC HEARING ON ITEM NUMBER 1 64. AND I'LL ENTERTAIN A MOTION, MOTION MADE BY THE MAYOR PRO TIM TO APPROVE THE ORDINANCE. IS THERE A SECOND? SECONDED BY COUNCIL MEMBER VELA. IS THERE ANY DISCUSSION WITHOUT OBJECTION? ITEM NUMBER 1 64 IS ADOPTED WITH COUNCIL MEMBER HARPER MADISON BEING ABSENT. AND COUNCIL MEMBER ALLISON ALTER OFF THE DAIS. [165. Conduct a public hearing and consider an appeal by Tristana Rogers, Mark Rogers, Sue Gall, and Emily Little (G.A.I.N.) of a certificate of appropriateness for an accessory dwelling unit located at 1107 E. 10th Street, Austin, Texas, owned by Matthew Jordan.] ALL RIGHT, MEMBERS, THAT WILL TAKE US TO ITEM NUMBER 1 65. UM, ITEM NUMBER 1 65 IS A UNIQUE ITEM WHEN WE CONDUCT THIS PUBLIC HEARING. IT'S UNIQUE IN THE SENSE THAT IT IS AN APPEAL, UH, THEREFORE WE HAVE SPECIFIC RULES THAT WE FOLLOW WITH REGARD TO THAT. AND I'LL WALK THROUGH THOSE IN JUST A MINUTE. BUT IN ADDITION IS AN APPEAL WITH MULTIPLE APPELLANTS. SO, UM, WE JUST GET TO DO IT ALL ON THIS ONE. UM, AND WITHOUT OBJECTION, WE WILL OPEN THE PUBLIC HEARING ON ITEM NUMBER 1 65. THE PUBLIC HEARING IS OPEN MEMBERS. THE WAY WE'RE GOING TO GO IS WE'RE GOING TO GIVE EACH APPELLANT UNDER OUR RULES IN THE CONDUCT OF A PUBLIC HEARING ON APPEAL, WHERE EACH IS ENTITLED TO FIVE MINUTES. UH, WE WILL GO IN THIS ORDER. TRISTAN ROGERS, MARK ROGERS, SUE GALL, AND EMILY LITTLE. EACH PERSON IS ENTITLED TO FIVE MINUTES. THEN WE WILL CALL ON THOSE SPEAKERS THAT ARE IN FAVOR [04:10:01] OF THE APPEAL. THEN WE WILL CALL ON SPEAKERS AGAINST. THIS IS UNIQUE IN THE SENSE THAT THE APPLICANT IS NOT THE APPELLANT. SO WE WILL THEN HAVE THE APPLICANT BE ALLOWED THE OPPORTUNITY TO REBUT, UM, OR TO, TO SPEAK IN OPPOSITION TO THE APPEAL. AND BECAUSE WE'VE HAD MULTIPLE, WE HAVE MULTIPLE APPELLANTS, THE APPLICANT WILL BE ENTITLED TO UP TO 20 MINUTES. THEN EACH APPELLANT WILL BE GIVEN A REBUTTAL OPPORTUNITY OF THREE MINUTES. UH, WE WILL MONITOR THAT, BUT I JUST WANTED TO MAKE SURE THAT WE'RE CLEAR AND I WANT THOSE WHO ARE, WELL, I, I SEE THAT MS. HARDENS FOUND A WAY TO MAKE THIS HARDER FOR ME, BUT SHE'S BEEN DOING THAT FOR WEEKS NOW. SOMEBODY TELL ME SOMETHING. CALL CONTRERAS PLANNING DEPARTMENT REAL QUICK, Y'ALL, I'M GONNA LAY OUT, UM, WHAT THIS APPEAL IS ABOUT AND THE STAFF . OH YEAH, WE, I FORGOT TO SAY STAFF GETS TO TALK . Y'ALL CAN VOTE, BUT I'D LIKE TO EXPLAIN IT REAL QUICK FIRST. WELL, HANG, HANG ON. SO, UM, WELL GO AHEAD. ITEM 1 65 IS AN APPEAL OF A PLANNING COMMISSION DECISION TO TAKE NO ACTION ON A PREVIOUS APPEAL OF A CERTIFICATE OF APPROPRIATENESS GRANTED BY THE HISTORIC LANDMARK COMMISSION ON JUNE 5TH. THE APPLICANT'S APPLICANT'S REQUEST INCLUDED FENESTRATION AND MASSING CHANGES TO ADD A SECOND UNIT TO A PREVIOUSLY APPROVED DESIGN FOR A REAR DWELLING AT 1107 EAST 10TH STREET. THIS PROPERTY IS WITHIN THE ROBERTSON, STEWART AND MAYOR HISTORIC DISTRICT AND HLC APPROVAL IS REQUIRED FOR NEW CONSTRUCTION WITHIN THE DISTRICT BOUNDARIES. THE NEIGHBORHOOD IS APPEALING THE PLANNING COMMISSION'S DECISION NOT TO OVERTURN THE LCS APPROVAL BECAUSE THEY DO NOT FEEL THE HISTORIC LANDMARK COMMISSION CORRECTLY APPLY. THE ROBERTSON, STEWART, AND MAYOR HISTORIC DISTRICT'S DESIGN STANDARDS ADOPTED IN 2019. THE HLC IS REQUIRED TO CONSIDER THESE STANDARDS PER LAND DEVELOPMENT CODE SECTIONS, UH, 25 11 2 40 3D. THE NEIGHBORHOOD AND APPELLANTS ARE HERE TO SPEAK ON THIS TODAY AS WELL. WE'RE OF COURSE, SYMPATHETIC TO THE NEIGHBORHOOD'S CONCERNS AND ABSOLUTELY WILLING TO WORK WITH THEM. UH, STAFF SUPPORTS THE PLANNING COMMISSION'S DECISION TO TAKE NO ACTION LEAVING THE HISTORIC LANDMARK COMMISSION'S DECISION INTACT. THE HLC CONSIDERED THE DISTRICT STANDARDS AND THEIR DELIBERATION AND CONCLUDED THAT THE APPLICANT SUFFICIENTLY DEMONSTRATED THAT THE NEW BUILDING'S PLACEMENT ON THE LOT WOULD MITIGATE ITS VISIBILITY FROM THE PRIMARY STREETSCAPE. AND THE NEW DESIGN DOES NOT INCREASE THE HEIGHT OR EXPAND THE FOOTPRINT OF THE ORIGINAL DESIGN APPROVED ON CONSENT IN 2023. AND THAT THE NEW UNIT'S CONSTRUCTION DOES NOT ENDANGER THE EXISTENCE OF THE MAIN HOUSE, WHICH CONTRIBUTES TO THE CHARACTER OF THE HISTORIC DISTRICT. STAFF IS HERE TO ANSWER QUESTIONS AND, UH, BOTH THE APPLICANT AND THE APPELLANTS ARE AVAILABLE AS WELL. UM, IN OUR NEXT SECTION. THANK YOU. THANK YOU AND ME MEMBERS. YOU HAVE ANY QUESTIONS OF STAFF? OKAY. THE ORDER WE WILL GO IN IS TRISTAN ROGERS, FOLLOWED BY MARK ROGERS, FOLLOWED BY SUE GALL AND THEN EMILY LITTLE AND EACH WILL BE ENTITLED TO FIVE MINUTES. SO IF YOU'D MAKE YOUR WAY FORWARD, I WOULD APPRECIATE IT. AND IT DOESN'T HAVE TO BE IN THAT ORDER. THAT'S IF, IF SOMEBODY'S NOT HERE, APPELLANT ONE AND TWO ARE REMOTE. OKAY, WELL LET'S DO THAT FIRST. WE HAVE TRIANA ROGERS IN FIVE MINUTES. OKAY. HELLO? UM, I JUST WANNA CLARIFY THAT THERE'S GONNA BE A LOT OF DETAILS COMING YOUR WAY AFTER I GIVE AN EMOTIONAL RESPONSE TO THIS APP. UM, APPLICATION. FIRST, I'M NOT AGAINST HOME. I AM NOT AGAINST ADUS. I AM NOT UI AM AGAINST NOT USING THE PROTECTIONS FOR HISTORIC DISTRICTS THAT EXIST IN THE HOME ORDINANCE. OUR NEIGHBORHOOD ORGANIZATION ACTUALLY JUST GAVE A LETTER OF APPROVAL TO ANOTHER A DU THAT IS BEING BUILT JUST BLOCKS FROM HERE. WE SHOULDN'T BE HERE. BUT SINCE MR. JORDAN MISREPRESENTED HIMSELF AND HIS PROJECT TO THE ARCHITECTURAL COMMITTEE FOUR TIMES THE HISTORIC LANDMARK COMMISSION AND THE PLANNING COMMISSION, HERE WE ARE. HERE ARE SOME OF THE WAYS THAT HE WAS DISINGENUOUS AND MISLEADING TO BOTH THE COMMISSIONS AND HIS NEIGHBORS. HE CLAIMED AT THE COMMISSION THAT HE HAD BOUGHT A HOUSE AND RENOVATED IT THAT WAS NEGLECTED FOR OVER 30 YEARS. WHAT HE BOUGHT WAS A HOME WHERE THREE GENERATIONS LIVED AND WORKED MINIMUM WAGE JOBS. IT WAS ONLY WHEN THE GRANDPARENTS PASSED ON THAT THEY WERE FORCED TO SELL. HE LIED TO THE COMMISSIONERS WHEN HE SAID HE HAD KEPT HIS NEIGHBORS INFORMED ON THE PROJECT. HE OUTRIGHT LIED. HE NEVER TOLD US WHAT WAS GOING ON. HE TOLD HIS, HE TOLD ME THAT HIS SHORT TERM RENTAL CO-LIVING [04:15:01] COMPANY RENTS FOR A MINIMUM OF THREE MONTHS. HE TOLD MY HUSBAND SIX MONTHS. BUT WHEN I LOOKED ON HIS WEBSITE, IT LISTS HIS RENTALS AS NIGHTLY PRICES. AND WE SEE EVIDENCE OF THAT EVERY DAY AS WE SEE NEW FACES APPEARING ACROSS THE STREET FROM OUR HOME. JUST BECAUSE THIS CASE HAS MADE IT THIS FAR DOES NOT MEAN THAT YOU SHOULD RUBBER STAMP IT JUST THE OPPOSITE. YOU SHOULD BE EXAMINING THIS. THE REPERCUSSIONS ARE CITYWIDE, NOT JUST IN OUR HISTORIC NEIGHBORHOOD. I KNOW THAT YOU ARE RELUCTANT TO GO AGAINST WHAT THE HISTORIC LANDMARK COMMISSION HAS DEEMED APPROPRIATE, BUT WE NEED YOU TO DO THE RIGHT THING. SEND THIS CASE BACK TO THE HISTORIC LANDMARK COMMISSION. DIRECT THEM TO REASSESS THIS CASE WITH ACCURATE INFORMATION, SUPPORTING MATERIALS, AND WITH OUR HISTORIC DESIGN STANDARDS, SUPERSEDING HIS A DU. THAT IS WHAT HL C'S JOB IS. I JUST HEARD A WOMAN SAY THAT IS WHAT'S REQUIRED. ASK MR. JORDAN TO MEET WITH OUR DESIGN TEAM. HE HAS IGNORED REQUESTS TO DO SO. YES, THIS IS TIME CONSUMING. MR. JORDAN IS TO BLAME FOR MISLEADING THE COMMISSIONERS AND WASTING THEIR TIME AND HOURS. I COULDN'T GO TO WORK TODAY BECAUSE I HAD TO STAY ON THIS PHONE CALL TO BE ABLE TO SPEAK. IT'S A SMALL PRICE THIS TIME TO RECESS, TO CORRECT A FAR REACHING PRECEDENT. IF THIS PRECEDENT GOES THROUGH YOUR PRECEDENT SAYS HOME DOES NOT PROTECT HISTORIC DISTRICTS. BUILD WHATEVER YOU WANT. IS THAT REALLY WHAT YOU WANT FROM THE HOME ORDINANCE COUNCIL MEMBER POOLE, I CANNOT SEE YOU RIGHT NOW, BUT I HOPE YOU'RE LISTENING. I BEG YOU TO TAKE UP THIS CAUSE ENFORCE THE PROTECTION PORTION OF HOME. HONOR THE SPIRIT OF YOUR ORDINANCE AND THE SPIRIT OF OUR NEIGHBORHOOD DISTRICTS THAT ARE HISTORIC. DO THE RIGHT THING, BE COURAGEOUS. DEFEND THE ORDINANCE AND THE HISTORIC LOANS. YOU ARE NOT HAMSTRUNG BY THE COMMISSIONER'S CHOICES. THEY WORK FOR ALL OF US UNDER YOUR DIRECTION. THEY WERE GIVEN INCOMPLETE, MISLEADING MATERIALS AND WITH ALL RESPECT TO CITY STAFF, WE RESPECT THAT YOU DID NOT APPROVE THIS, BUT WE ACTUALLY THINK THAT IT NEEDS TO BE SENT BACK AND TAKEN CARE OF IN THE PROPER MANNER MOVING FORWARD. DON'T PUT ALL HISTORIC DISTRICTS AT JEOPARDY BECAUSE OF ONE GREEDY DEVELOPER. THANK YOU. OUR NEXT SPEAKER. NEXT WE HAVE APPELLANT NUMBER TWO, MARK ROGERS. OKAY, MA, CAN YOU HEAR ME? YES, WE CAN. ARE YOU ABLE TO HEAR? YES, MR. ROGERS, PLEASE GO AHEAD. UM, I THAT, THAT'S A TOUGH ACT TO FOLLOW. . UM, GOOD AFTERNOON MAYOR. MEMBERS OF COUNCIL, UM, MARK ROGERS AND MY WIFE AND I OWN 1104 EAST 10TH STREET, DIRECTLY ACROSS THE STREET FROM 1107 EAST 10TH. MATT JORDAN IS PROPOSING TO BUILD A FIVE BEDROOM, THREE STORY ACCESSORY DUPLEX AT 1107 BEHIND AN EXISTING ONE STORY TWO BEDROOM HOUSE THAT IS A CONTRIBUTING STRUCTURE WITHIN THE ROBERTSON STEWART MAYOR HISTORIC DISTRICT. WE'RE ASKING YOU TO RESCIND OR SUSPEND THE CERTIFICATE OF APPROPRIATENESS APPROVED BY THE HISTORIC LANDMARK COMMISSION ON JUNE 5TH AND HAVE THE COMMISSION RECONSIDER THE APPLICATION. WHEN THE LANDMARK COMMISSION MADE ITS DECISION, IT HAD MISLEADING AND INADEQUATE INFORMATION. AN ARCHITECT WHO RESIDES IN OUR HISTORIC DISTRICT CREATED THREE DIMENSIONAL RENDERINGS AND AN ACCURATE VISUAL SIGHT LINE IMAGE THAT WE HAVE SHARED WITH YOU. SOMETHING SIMILAR SHOULD HAVE AND COULD HAVE BEEN MADE AVAILABLE TO THE COMMISSIONERS. SO THEY COULD HAVE CORRECTLY ASSESSED THE DUPLEXES HEIGHT AND MASS WITHIN CONTEXT, BUT THEY WERE NOT. INSTEAD, THE APPLICANT PROVIDED A PHOTO OF UTILITY POLES MARKED WITH THE HEIGHTS OF 35 AND 45 FEET TO INDICATE THE DUPLEX WOULD NOT BE VISIBLE FROM EAST 10TH STREET. IN REALITY, THE POLE'S HEIGHTS ARE BETWEEN NO MORE THAN 28 AND 38 FEET AND PROBABLY LESS. THE IMAGE INCORRECTLY SUGGESTED TO THE COMMISSIONERS THAT THE DUPLEX WOULD BE BETWEEN EIGHT AND 11 FEET LOWER THAN IT ACTUALLY WOULD BE. I HAVE CONFIRMED THIS DISCREPANCY THAT I JUST DESCRIBED IS ACCURATE WITH THE ARCHITECT WHO ACTUALLY DESIGNED MR. JORDAN'S DUPLEX. KEEP IN MIND THAT VISIBILITY OF THE DUPLEX WAS OF THE UTMOST IMPORTANCE TO THE COMMISSIONERS. WHILE THE COMMISSIONERS EXPRESSED CONCERNS AND UNCERTAINTY, THEY WERE ASSURED THE NEW BUILDING WOULD NOT BE VISIBLE OR WOULD BE FAIRLY VISIBLE FROM NEARBY STREET, ESPECIALLY EAST 10TH STREET. STATS REPORT THAT THE SITE TOPOGRAPHY APPEARS TO REDUCE ITS VISIBILITY FROM THE STREET IS INCORRECT. HOLMES SUBSECTION F STATES, IF THE PROPERTY IS LOCATED IN THE HISTORIC DISTRICT, THE HISTORIC DISTRICT DESIGN STANDARD APPLY AND CONTROL OVER THIS SUBSECTION, [04:20:01] THE ROBERTSON, STEWART AND MAYOR, HISTORIC DISTRICT DESIGN STANDARD STATE. AND I QUOTE, NEW CONSTRUCTION SHOULD HAVE ROOF HEIGHTS THAT ARE THE SAME OR SIMILAR TO THOSE ON CONTRIBUTING STRUCTURES THROUGHOUT THE DISTRICT. THE PROPOSED DUPLEX THAT 1107 HAS THREE STORIES AND STANDS AT 38 FEET AT ITS PEAK, MAKING IT WITHOUT IT OUT. NOT ONLY THE TALLEST, BUT ALSO THE ONLY THREE STORY SINGLE FAMILY RESIDENCE WITHIN THE DISTRICT, ACTUALLY WITHIN THE NEIGHBORHOOD THAT IS NOT THE SAME OR EVEN VAGUELY SIMILAR TO THE CONTRIBUTING STRUCTURES THROUGHOUT THE DISTRICT. 66 OF THE 84 CONTRIBUTING STRUCTURES, 79% IN THE HISTORIC DISTRICT ARE ONE STORY BUILDINGS WITH AN AVERAGE HEIGHT OF PROBABLY LESS THAN 20 FEET AND WITH ONLY ABOUT 1600 AVERAGE SQUARE FEET. THE PROPOSED DUPLEX, WHICH SHOULD HAVE A ROOF HEIGHT THAT IS THE SAME OR SIMILAR, IS 35 FEET TALL. THAT IS NOT COMPATIBLE AND IT DOES NOT COMPLY WITH THE DISTRICT DESIGN STANDARDS. HISTORIC LANDMARK COMMISSIONER KEVIN COOK GOT IT RIGHT ON JUNE 5TH. HE COMMENTED, COMMENTED AT THE HEARING AND I QUOTE, SO IN THE MULTIPLE A RC VISITS, I THINK I CAN SAY THAT WE DID NOT GIVE OUR WHOLEHEARTED SUPPORT TO THIS. OUR GOAL IS PRIMARILY IMPACT ON THE STREET FROM THE PUBLIC VENUE BEING A LOCAL HISTORIC DISTRICT, BUT I THINK WE DIDN'T DID NOTE THAT THIS WAS ON THE BUBBLE TO BEGIN WITH. AND THE ONE ITEM THAT ESCAPED MY ATTENTION WAS USE OF ROOF HEIGHTS OF EXISTING CONTRIBUTING STRUCTURES. AND HE CONTINUED AND ALL THOSE STRUCTURES WERE PRESENTED. IT WASN'T CLEAR WHETHER THOSE WERE CONTRIBUTING. SO I THINK IF YOU AND HE'S TALKING TO MATT JORDAN COULD FOCUS, REFOCUS YOUR PRESENTATION TO SHOW THAT YOU DO MEET THAT ONE STANDARD FOR NEW CONSTRUCTION TO MATCH THE ROOF HEIGHTS FOR CONTRIBUTING STRUCTURES THROUGHOUT THE NEIGHBORHOOD. I THINK THAT'S, THAT'S WHAT WE'RE GONNA NEED. THAT WAS NEVER DONE LANDMARK. THE LANDMARK COMMISSION SHOULD BE GIVEN THE OPPORTUNITY TO MAKE THEIR DECISION WITH SUFFICIENT AND CORRECT INFORMATION. THAT'S THE PRIMARY REQUEST WE ARE MAKING TODAY. YOU PASSED HOME, YOU HAD THE COURAGE TO PASS HOME, AND YOU HAD THE WISDOM TO INCLUDE WITHIN HOME A PROVISION TO PROTECT OUR HISTORIC LANDMARKS AND DISTRICT. LET'S GET THIS PRECEDENT SETTING CASE RIGHT? PLEASE SET ASIDE STAFF'S RECOMMENDATION AND RECOGNIZE THAT THERE IS IN EFFECT, NEW EVIDENCE TO THIS CASE AND THAT WE BELIEVE IT COULD AND SHOULD RESULT IN A DIFFERENT DECISION. DO NOT PASS UP THIS OPPORTUNITY. WE URGE YOU TO STEP UP TO YOUR RESPONSIBILITIES AND OBLIGATIONS AS ARE CITY COUNCIL. RECOGNIZE THE SIGNIF SIGNIFICANCE OF THIS PRECEDENT SETTING CASE AND SEND THIS BACK TO THE LANDMARK COMMISSION HOME AND HISTORY SHOULD WORK TOGETHER, NOT AT ODDS. LET'S GET THIS RIGHT, THA THANKS FOR ALL YOU DO. THANK YOU. NEXT WE HAVE APPELLANT NUMBER THREE, SUE GA, IN PERSON WITH EMILY. LITTLE ON DECK. ACTUALLY, THAT VISUAL THAT YOU HAD WOULD BE FABULOUS. UM, THAT'S PROBABLY MORE IMPORTANT THAN MY TEXT. HELLO, MY NAME IS SUE GAUL. I'M HERE TO SPEAK TO ITEM 1 65 IN FAVOR OF THE APPEAL. I AM THE HOMEOWNER AT 1109 EAST 10TH STREET NEXT DOOR TO THIS PROPERTY. I'M ALSO ONE OF THE APPELLANTS I'D LIKE TO FOCUS. UH, MY FOCUS WILL BE ON THE APRIL ARCHITECTURE REVIEW COMMITTEE, A RC MEETING AND THE JUNE HISTORIC LANDMARK COMMISSION HLC MEETING, PARTICULARLY THE A RC MEETING. I DID PROVIDE YOU WITH TRANSCRIPTS OF BOTH IN THE APRIL A RC MEETING. IT'S CLEAR FROM THE TRANSCRIPT THAT BOTH COMMISSIONER COOK AND COMMISSIONER RUBIO WORKED IN GOOD FAITH WITH THE APPLICANT. IT'S ALSO CLEAR HOW DIFFICULT IT WAS FOR THE COMMISSIONERS TO PIN DOWN THE RELATIVE HEIGHT AND VISIBILITY OF THIS PROPOSED STRUCTURE. BASED ON WHAT THE APPLICANT PROVIDED THEM, THE COMMISSIONERS WERE LIMITED TO WHAT WE NOW KNOW WAS FALSE INFORMATION. IN THE APPLICANT'S PRESENTATION, THE APPLICANT RELIED EXCLUSIVELY ON THE 45 FOOT UTILITY POLE HEIGHT TO JUSTIFY THAT HIS 35 FOOT STRUCTURE WOULD NOT BE VISIBLE FROM THE STREET. UM, AND YOU'RE SEEING THAT IN THE DIAGRAM, THAT'S THAT YELLOW POLE. HIS ORIGINAL PROJECTION WAS THAT TOP LINE ABOVE THE STRUCTURE. UM, POLE HEIGHT WAS BOTH, WAS KEY TO BOTH THE APPLICANT'S ARGUMENT AND THE COMMISSIONER'S ACCEPTANCE. VISIBILITY FROM THE STREET AND PROTECTING THE PUBLIC STREET VIEW WAS THE COMMISSIONER'S GOAL. WHAT WE'RE SAYING IS THAT BECAUSE THAT 45 DIDN'T INCLUDE THE BURIED PORTION OF THE POLE, IT'S NOT 45 FEET FROM THE GROUND, THE ACTUAL LINE OF SIGHT IS REPRESENTED BY THAT LOWER LINE. SO, UM, WE ALSO HAVE SOME 3D RENDERINGS THAT WERE PART OF MY APPEAL LETTER AND OTHERS TO SHOW YOU. IT'S, IT'S QUITE DRAMATIC. [04:25:02] I'VE HIGHLIGHTED IN THE A RC UH, TRANSCRIPT, ALL THE SECTIONS WHERE HEIGHT, POLE HEIGHT AND VISIBILITY WERE DISCUSSED. IT'S A LOT. IN THE INTEREST OF TIME, I'D LIKE TO FOCUS ON AT TIMESTAMP 2342. COMMISSIONER COOK IS SAYING, I AM STRUGGLING WITH THE SIZE OF THIS BEING EFFECTIVELY FOUR STORY, THREE STORY. THE ONE STORY, I MEAN THE VIEW FROM THE FRONT SHOWING THE 45 FOOT POLE AND THIS BEING UNDER THAT IS DEFINITELY MAKING IT. IS THERE ANY TOPOGRAPHY? IS THE STREET LOWER THAN THE HOUSE? I'M JUST TRYING TO FIGURE HOW A SOMETHING STORY HOUSE IS INVISIBLE BEHIND A ONE STORY HOUSE. UM, THERE IS NO TOPOGRAPHY TO THE STREET. IT IS FLAT AND THE APPLICANT RESPONDS REPEATEDLY THAT NO, YOU WON'T BE ABLE TO SEE IT FROM THE STREET. AND HE, IT ACTUALLY SAYS, YOU KNOW, YOU WILL NOT BE ABLE TO SEE BEING THAT IT'S 45, THE ACTUAL STRUCTURE, UM, AT THE JUNE 5TH HLC MEETING, I'D LIKE TO FOCUS JUST BELOW TIMESTAMP 1 0 7 29. AGAIN, THIS IS COMMISSIONER COOK AND I THINK MARK, THIS IS, YOU QUOTED THIS AS WELL. OUR GOAL IS PRIMARILY IMPACT ON THE STREET FROM THE PUBLIC VENUE BEING A LOCAL HISTORIC DISTRICT. AND THAT CAN MAKE A VERY GOOD CASE IN TERMS OF EXISTING STRUCTURES SHOWING THAT IT WOULD NOT BE VISIBLE FROM THE STREET DUE TO THE DISTANCE AND TOPOGRAPHY. UM, AND HE DOES GO ON TO SAY, UM, I, I'M VERY GRATEFUL TO COMMISSIONER COOK FOR ACKNOWLEDGING IN THE PARAGRAPH BELOW THAT, THAT THEY MISSED OUR DESIGN STANDARD ON ROOF HEIGHTS FOR NEW CONSTRUCTION. HE SAYS, AND THE ONE ITEM THAT ESCAPED MY ATTENTION WAS THE USE OF ROOF HEIGHTS OF EXISTING CONTRIBUTING STRUCTURES AND STRUCTURES WERE PRESENTED OF SIMILAR HEIGHT IN THE NEIGHBORHOOD, BUT IT WASN'T CLEAR WHETHER THOSE WERE CONTRIBUTING. NONE OF THE EXAMPLES THAT THE APPLICANT PRESENTED WERE CONTRIBUTING STRUCTURES. UH, COMMISSIONER LAROCHE AGREED. UH, I WOULD JUST LIKE TO CLOSE BY SAYING, UM, YOU KNOW, WE'VE PROVIDED YOU PROFESSIONAL RENDERINGS THAT ACTUALLY SHOW THE TRUE RELATIVE HEIGHT AND VISIBILITY OF THE PROPOSED STRUCTURE. UM, MY NEIGHBORS AND FELLOW SPEAKERS CAN ALSO SPEAK TO THE BIGGER ISSUE OF PROTECTING ALL HISTORIC DISTRICT STANDARDS IN OUR NEW POST HOME CONTEXT. I ASK THAT YOU RETURN THIS CASE TO THE HLC SO THEY CAN REASSESS BASED ON WHAT WE NOW KNOW ABOUT THE PROPOSED STRUCTURE'S, ACTUAL VISIBILITY FROM THE STREET. THANK YOU SO MUCH. THANK YOU. NEXT WE HAVE APPELLANT NUMBER FOUR, EMILY LITTLE GOOD EVENING MAYOR AND COMMISSIONERS COUNCIL MEMBERS. EXCUSE ME. UM, I'M EMILY LITTLE. I'M A 40 YEAR RESIDENT OF THE NEIGHBORHOOD, AN ARCHITECT. AND, UH, I WANNA SPEAK TO THIS CASE BECAUSE IT IS SO MUCH BIGGER THAN 1107 EAST 10TH. WHAT THIS IS, IS THE FIRST CASE OF HOME, AN INFILL HOME COMPLIANT STRUCTURE BEING BUILT IN A LOCAL HISTORIC DISTRICT. AND WHAT WE HAVE DISCOVERED IN, IN DEALING WITH THIS IS THAT THERE ARE UNINTENDED CONSEQUENCES OF HOME AS IT RELATES TO LOCAL HISTORIC DISTRICTS. IN THIS PARTICULAR CASE, YES, THERE WERE SHORTCOMINGS ON BOTH SIDES. WE DEFINITELY NEEDED MORE INFORMATION IN THE SUBMITTAL PACKET. AND WHAT WE ARE ASKING OF YOU TONIGHT IS TO REFER THIS BACK TO THE LANDMARK COMMISSION FOR REEVALUATION WITH FULL INFORMATION PLUS A 60 DAY WINDOW WHERE WE CAN WORK WITH THE LANDMARK COMMISSION BECAUSE EACH LOCAL HISTORIC DISTRICT NEEDS THE OPPORTUNITY TO REVIEW THEIR DESIGN GUIDELINES AND UNDERSTAND THE IMPACT OF HOME ON THE DESIGN GUIDELINES. WE ARE ALL ACCUSTOMED TO WORKING WITHIN THE PREVIOUS RESIDENTIAL COMPATIBILITY STANDARDS, AKA MCMANSION, AND THERE WAS A REQUIRED SIDE STEP, STEP BACK, NOT A SETBACK, BUT A STEP BACK IN THE MASSING. AND THAT IS GONE IN HOME. SO WHAT WHAT NOW CAN HAPPEN LEGALLY IS A FULL 32 FOOT TALL SINGLE PLAIN WALL FIVE FEET AWAY FROM A NEIGHBOR'S PROPERTY. THAT'S A ONE STORY BUILDING THAT IS ALLOWED AND THIS PROJECT MEETS HOME, BUT IT DOESN'T MEET THE LHD OVERLAY THAT IS TRUMPS THE, THE HOME ORDINANCE. THIS CASE, YOU WILL BE INUNDATED WITH CASES LIKE THIS IN EVERY LOCAL HISTORIC [04:30:01] DISTRICT AS IT COMES TO YOU. AND MY MY ASK IS THAT WE REEVALUATE THIS. LET US TAKE THE TIME TO REEVALUATE IT. PUT SEVERAL NEW REQUIREMENTS IN PLACE WHEN APPLICANTS ARE WORKING WITHIN A LOCAL HISTORIC DISTRICT. THAT'S THE KEY TO THIS WHOLE UNIQUE SITUATION. THERE NEED TO BE A FEW STEPS TAKEN OF WHAT IS REQUIRED IN THE PACKET. THEY MUST SHOW THE PROPOSED BUILDING IN CONTEXT. WE'VE BEEN TALKING ALL ALONG ABOUT THE FRONT STREET VIEW, BUT IN THIS PARTICULAR NEIGHBORHOOD, THERE IS A HUGE VACANT LOT BEHIND THIS THREE STORY BUILDING THAT WILL BE, IT WILL BE LIKE THERE, A NEW TOWER HAS LANDED IN THE NEIGHBORHOOD. SO WE NEED TO UNDERSTAND EVERYTHING THAT'S BEING CONSIDERED IN AN LHD IN CONTEXT. WE CAN REVISE THE RULES EVER SO SLIGHTLY TO GIVE THE LANDMARK COMMISSION THE ABILITY TO PROPERLY ASSESS IT. I REALLY THINK WE HAVE THE BEST LANDMARK COMMISSION I'VE SEEN IN DECADES IN AUSTIN, AND I BEG OF YOU ALL TO EMPOWER THEM TO ENFORCE THE RULES OF LHDS AND HELP THESE TWO ISSUES IN AUSTIN. THESE TWO ORDINANCES WORK IN CONJUNCTION AND NOT BE A CONFLICT. I THINK IF WE COULD JUST TAKE TWO MONTHS RIGHT NOW TO ASSESS THE SITUATION, USE THIS AS A TEST CASE EXAMPLE. OUR DESIGN COMMITTEE IS READY TO WORK WITH THIS APPLICANT. HE CAN GET MORE DENSITY. HE CAN'T GET THE MAXIMUM, AND I THINK PEOPLE ARE GONNA HAVE TO UNDERSTAND THAT IN LHDS IT'S GONNA BE RARE THAT THEY CAN COMPLETELY MAX OUT ALLOWABLE DENSITY UNDER HOME. SO I BEG OF YOU TO GIVE US 60 DAYS TO FIGURE THIS OUT AND COME BACK WITH RULES THAT WILL MAKE A SMOOTHER PATH FOR EVERYONE MOVING FORWARD. THANK YOU. THANK YOU MS. LITTLE NEXT WE'LL MOVE TO IN FAVOR SPEAKERS, THAT, THAT'S, WE HAVE ONE REMOTE FRANCOIS LEVY. THREE MINUTES. THANK YOU. UH, GOOD AFTERNOON, MR. MAYOR, CITY COUNCIL. MY NAME IS FRANCOIS LEVY. I'M AN ARCHITECT 35 YEAR AUSTINITE AND A RESIDENT OF GUADALUPE NEIGHBORHOOD FOR THE PAST 20 YEARS WHERE MY WIFE AND I RAISED OUR THREE CHILDREN. I'M SPEAKING TODAY, UH, IN REGARDS TO THIS ITEM AND I URGE THE COUNCIL TO RESCIND THE HISTORIC LANDMARK COMMISSION'S ERRONEOUS DECISION TO GRANT A CERTIFICATE OF APPROPRIATENESS TO A NEW THREE STORY 3,600 SQUARE FOOT SECOND UNIT BEHIND A CONTRIBUTING ONE STORY 1,130 SQUARE FOOT HOME AT 1107 EAST 10. THAT'S LESS THAN A BLOCK FROM MY HOME. AS IT HAPPENS, I'LL CUT TO THE CHASE ON PAGE FOUR, CITY STAFF OF RIGHTS IN THEIR REPORT TO YOU. THAT THE COMMISSION'S APPROVAL APPEARS JUSTIFIED AND THAT THE PROPOSED DESIGN UPDATE TECHNICALLY MEETS THE APPLICABLE STANDARDS, ALBEIT TO A BARE MINIMUM DEGREE END QUOTE. I AM SORRY, BUT THAT IS FACTUALLY INCORRECT. THE PROPOSED SECOND UNIT IS THREE STORIES TALL, WHEREAS OUR APPROVED NEIGHBORHOOD DESIGN STANDARDS AS A HISTORIC NEIGHBORHOOD ARE VERY CLEAR THAT NEW CONSTRUCTION SHOULD CONFORM TO THE NUMBER OF FLOORS AND HEIGHTS OF CONTRIBUTING STRUCTURES. AS MARK ROGERS POINTED OUT, THE VAST MAJORITY OF THE CONTRIBUTING STRUCTURES IN THE NEIGHBORHOOD ARE ONE STORY. ABOUT 20% ARE TWO STORY, AND NONE OF THE CONTRIBUTING STRUCTURES ARE THREE STORY. IT'S VERY CLEAR THAT THE HISTORIC LANDMARK COMMISSION AIRED IN GRANTING THE APPLICANT THE CERTIFICATE OF APPROPRIATENESS FOR THIS PARTICULAR DESIGN. BUT UNFORTUNATELY THAT'S NOT ENTIRELY SURPRISING. AS THE APPLICANT PRESENTED INCOMPLETE AND MISLEADING MATERIALS TO, FOR THE HL C'S CONSIDERATION, THERE WAS NO EXHIBIT SHOWING THE MASSING OF THE PROPOSED STRUCTURE FROM THE STREET OR FROM THE ALLEY, WHICH IS, UH, EMILY LITTLE JUST POINTED OUT, IS HIGHLY VISIBLE DUE TO AN OPEN FIELD BEHIND THE ALLEY. INSTEAD, AS HAS BEEN MENTIONED, THE APPLICANT PROVIDED A PHOTOGRAPH SHOWING POWER POLES WHOSE HEIGHTS WERE MISREPRESENTED BY AT LEAST EIGHT FEET, FAILING TO ACCOUNT FOR THEIR DEPTH IN GROUND. INTERESTINGLY ENOUGH, MR. JORDAN'S ARCHITECT DID NOT PREPARE THAT PARTICULAR EXHIBIT, ALLEGEDLY SHOWING THE MASSING HE DID SO ON HIS OWN. HE ALSO CLAIMS MR. JORDAN DOES TO HAVE HAD EXTENSIVE CONVERSATIONS WITH HIS NEIGHBORS, WHICH HE DID NOT, NOR DID HE CONFER WITH GAIN THE GUADALUPE ASSOCIATION FOR AN IMPROVED NEIGHBORHOOD. AS ARE HISTORIC STANDARDS RECOMMEND IF YOU CHOOSE TO TAKE THE PATH OF THE PLANNING COMMISSION BEFORE YOU AND DO NOTHING, AS THE CITY STAFF HAS RECOMMENDED, YOU'LL SEND A CLEAR MESSAGE THAT HISTORIC DISTRICTS, OR AT LEAST THOSE ON THE EAST SIDE CAN BE IGNORED. [04:35:01] YOU'LL SET A PRECEDENT THAT THE DEMOCRATIC WILL OF A NEIGHBORHOOD OF ESTABLISHING A HISTORIC DISTRICT TO PRESERVE OUR URBAN FA FABRIC CAN BE SWEPT ASIDE. THANK YOU. I URGE YOU TO EXERCISE SOME JUDGMENT AND OVERRULE IT. THANK YOU. NEXT WE HAVE IN PERSON FOUR IS YOU'RE IN FAVOR, GINA FUENTES. THREE MINUTES. OKAY. UH, FIRST LET ME ASK, UH, FRAN, SWAT, DO YOU NEED MY TIME? WHAT ANYBODY DO? THAT CALL HAS BEEN TERMINATED. OKAY. UM, OKAY. MY NAME'S GINA FUENTES, UH, NATIVE AUSTINITE BEEN HERE FOR DECADES. LOCAL MUSICIAN WHO HELPS KEEP AUSTIN WEIRD, BUT NOT JD VAN'S. WEIRD. OKAY. SO I CARE DEEPLY ABOUT AUSTIN. IT'S MY HOME FOR DECADES, RIGHT? I'VE SEEN ALL THE CHANGES, SOME FOR THE GOOD, SOME FOR THE BAD. UM, AND I'M HERE TO SUPPORT THE APPEAL BROUGHT FORTH BY THE LEADERS OF THE, UH, HISTORIC ROBINSON STEWART MAYOR DISTRICT. AND I SUPPORT THE, THE APPEAL OF THE INAPPROPRIATE CERTIFICATE OF IN, OF APPROPRIATENESS FOR A THREE STORY, 2,700 SQUARE FOOT MONSTROSITY OF A DUPLEX AT 1107 EAST 10TH. UM, I REACHED OUT TO MR. JORDAN AND ASKED HIM SOME QUESTIONS IN AN EMAIL AND, UH, HE HAS YET TO REPLY. ONE QUESTION I ASKED WAS IF WHEN HE, UH, REVISED THE PLANS AFTER HIS PLAN WAS APPROVED, DID HE GO BACK TO THE NEIGHBORS AND SHOW THEM, UH, HIS PLAN? I DON'T KNOW THE ANSWER TO THAT QUESTION. UM, SO I REACHED OUT TO THE CITY JUST TO FIND OUT THE PROCESS AND WAS TOLD, UM, THAT, UH, IT DEPENDS ON HOW EXTENSIVE THE CHANGES ARE AS TO WHETHER YOU SHOULD RUN IT BY THE HLC AGAIN. SO, UH, AND, AND THE HLC MEMBER SAID TO ME, UM, THAT, HOLD ON, HOLD ON. UH, THAT, THAT IT'S COMPLICATED, RIGHT? DUE TO THE WAY THE DESIGN STANDARDS WERE INTERPRETIVE. SO DID THEY REACH OUT TO TRY TO FIGURE OUT, TO TRY TO INTERPRET THOSE ACCURATELY? I DON'T KNOW, TO CLARIFY THE STANDARDS. HE SAID, UM, NOW THAT HOME IS PASSED, IT'S POSSIBLE THAT LOCAL DESIGN GUIDELINES NEED TO BE UPDATED. SO WHAT'S THE PLAN FOR THAT? IT'S POSSIBLE. NOW, THEY WEREN'T THINKING THESE THINGS THROUGH. WE NEED A PROCESS. OFTENTIMES I SEE THAT OUR WRITTEN STANDARDS AND CODE ARE NOT RESTRICTIVE ENOUGH. WELL, LET'S FIGURE SOMETHING OUT. LET'S DO SOMETHING ABOUT THAT. UH, IT JUST SOUNDS WILLY-NILLY. NOTHING IS SPELLED OUT. WE NEED OBJECTIVE, LIKE A RUBRIC TO DECIDE TO DETERMINE. THERE SEEMS LIKE THERE WAS A LOT OF SUBJECTIVITY IN THIS. UM, AND SO LET'S, HOW ABOUT YOU GUYS INVESTIGATE THE PROCESS OF THIS, UM, THIS CASE? UH, TALK TO THE NEIGHBORS. ALWAYS TALK TO THE NEIGHBORS. UM, WE WANT YOU TO HAVE OUR BACKS, RIGHT? AND, AND I, I SADLY DON'T HAVE CONFIDENCE THAT, UH, THE APPEAL WILL GO THROUGH. I'M A LITTLE CYNICAL. I'M TRYING MY BEST TO SPEAK TRUTH TO POWER ANYWAY. UM, AND I I REALLY WANNA KNOW THOUGH, IF, IF THESE, UH, THE DUPLEX OF THE NEW A DU WILL SUPPORT. THANK YOU. THANK YOU, SPEAKER. PORTABLE HOUSING. THANK YOU. PORTABLE HOUSING . THANK YOU, MA'AM. THANK YOU. THAT'S WHAT YOU WANT. THANK YOU. WE DO HAVE TWO SPEAKERS THAT SIGN UP FOR NEUTRAL. UM, CARMEN YANAS WITH LINDSAY DARRINGTON. SIGNED UP FOR NEUTRAL ON THIS ITEM. IF YOUR NAME'S BEEN CALLED, PLEASE COME FORWARD. GO AHEAD, JUST COME TO THE MICROPHONE, JUST IDENTIFY YOURSELF. OKAY. UH, GOOD AFTERNOON. I'M LINDSAY DARRINGTON, EXECUTIVE DIRECTOR PRESERVATION AUSTIN. UH, THE CASE AT 1107 EAST 10TH STREET IN THE ROBERTSON, STEWART AND AMER HISTORIC DISTRICT HIGHLIGHTS SIGNIFICANT ISSUES WITH OUR CITY'S LOCAL HISTORIC DISTRICT PROGRAM. FOLLOWING THE ADOPTION OF THE HOME ORDINANCE, UH, WE'RE HEARING A LOT OF SERIOUS COMMUNITY CONCERNS ABOUT THE STATUS OF THESE DISTRICTS, ESPECIALLY IN THE DIALOGUES SURROUNDING THIS CASE. SO WE FEEL IT IS IMPORTANT TO AFFIRM THAT HISTORIC ZONING STILL PROVIDES DEMOLITION PROTECTIONS FOR CONTRIBUTING BUILDINGS IN LOCAL HISTORIC DISTRICTS. THE HOUSE AT 1107 EAST 10TH STREET IS NOT AT RISK FOR DEMOLITION. THE PRESERVATION BONUS DOES NOT UNDERMINE THE, UH, DOES NOT UNDERMINE HISTORIC ZONING AS YOU'VE HEARD OTHERS SAY, THE HOME ORDINANCE CLEARLY STATES THAT HISTORIC DESIGN STANDARDS STILL APPLY FOR PRESERVATION BONUS PROJECTS IN LOCAL HISTORIC DISTRICTS. AND ALSO THAT LOCAL HISTORIC DISTRICTS DON'T REGULATE THE NUMBER OF HOUSING UNITS OR RESIDENTS IN A NEIGHBORHOOD. [04:40:01] HISTORIC ZONING PROTECTS HISTORIC BUILDINGS AND ENSURES COMPATIBLE NEW CONSTRUCTION DESIGN STANDARDS CAN AND SHOULD ACCOMMODATE NEW HOUSING AS THEY DO IN ROBERTSON, STEWART, AND MAYOR. THE CASE DOES, HOWEVER, DEMONSTRATE THE URGENT NEED TO ADDRESS OTHER ISSUES. SO WE ASKED, UH, SO WE'RE ASKING COUNCIL TO TAKE IMMEDIATE ACTION TO UPDATE AUSTIN'S HISTORIC DESIGN STANDARDS. OUR LOCAL HISTORIC DISTRICTS WERE ESTABLISHED BETWEEN 2008 AND 2020, AND OUR CITYWIDE HISTORIC DESIGN STANDARDS ARE FROM 2022. ALL OF THESE ASSUME THAT MCMANSION RESTRICTIONS ARE IN PLACE. THEY ASSUME NO MORE THAN NO MORE THAN TWO UNITS PER LOT, AND THEY PROVIDE GUIDANCE SPECIFICALLY ON 1100 SQUARE FOOT ADUS. NONE OF THIS APPLIES TODAY, MAKING THESE STANDARDS WOEFULLY OUT OF DATE. WE WILL CONTINUE TO SEE CONTENTIOUS PROJECTS UNTIL THEY'RE UPDATED. UH, AS WE'RE MAKING THESE UPDATES, WE ENCOURAGE, UH, NEIGHBORHOODS AND ALL PARTIES INVOLVED TO MAKE DESIGN STANDARDS MORE SPECIFIC WHERE POSSIBLE, INSTEAD OF GIVING HEIGHT LIMITS RELATIVE TO SURROUNDING BUILDINGS. FOR EXAMPLE, IF A NEIGHBORHOOD DOESN'T WANNA SEE A BUILDING MORE THAN 25 FEET, SPELL THAT OUT BECAUSE IT REALLY HELPS DECISION MAKERS AS THEY'RE DEALING WITH VERY HIGH CASELOADS. AS VOLUNTEERS ON THE LANDMARK COMMISSION. UH, WE ALSO RECOMMEND THAT THE CITY REQUIRES MORE DOCUMENTATION FROM APPLICANTS FOR NEW CONSTRUCTION IN THESE DISTRICTS. STREETS SCAPE STUDIES, 3D RENDERINGS OR 2D SITELINE DIAGRAMS WOULD SUPPORT BETTER INFORMED DECISION MAKING. THIS WOULD BE A HUGE HELP TO THE HISTORIC PRESERVATION OFFICE AND THE HISTORIC LANDMARK COMMISSION. LOCAL HISTORIC DISTRICTS ARE VITAL CULTURAL ASSETS AND REMAIN OUR BEST TOOL FOR PRESERVING AUSTIN'S HERITAGE. UH, WE FEEL FOR EVERYONE INVOLVED IN THIS CASE, ESPECIALLY, UM, THE NEIGHBORS. PEOPLE WHO FIGHT FOR LOCAL HISTORIC DISTRICTS INVEST A LOT OF RESOURCES IN CREATING THESE TOOLS THAT PROTECT THEIR NEIGHBORHOODS AND HELP THEM SHAPE NEW DEVELOPMENT. THE PRESERVATION OFFICE STAFF IS AMAZING. THEY ARE REALLY UNDER-RESOURCED AND OF COURSE OF HISTORIC LANDMARK COMMISSION. THEY'RE VOLUNTEERS AND THEY DEAL WITH REALLY HIGH CASELOADS AND DEDICATE MANY HOURS TO THIS WORK. UH, WE HOPE THAT TOGETHER WE CAN ALL RESOLVE THESE LARGER STRUCTURAL ISSUES TO BETTER PROTECT OUR HERITAGE. THANK YOU. IS CARMEN YANAS HERE? OKAY, WE WILL MOVE ON TO, AGAINST, WE HAVE ONE REMOTE, MATTHEW JORDAN. HI. CAN YOU PLEASE PUT, UM, THE PRESENTATION ON, ON THE SCREEN PLEASE? AND, AND EVERYONE CAN HEAR ME OKAY. THIS IS A, A GOOD LEVEL. YES, YOU CAN BE HEARD. OKAY, THANK YOU. I WOULD LIKE TO JUST GO THROUGH THE PRESENTATION REALLY QUICK AND REQUEST THAT YOU UPHOLD, UM, HL C'S DECISION AS WELL AS THE PLANNING COMMISSION'S DECISION TO DENY THE APPEAL. I DO APPRECIATE MY NEIGHBORS FOR THEIR CONCERN, BUT I DO THINK THERE ARE SOME FLAWS, UH, IN WHAT THEY ARE SAYING. SO, ON SLIDE TWO OF MY PRESENTATION, YOU CAN SEE WHAT THE HOUSE LOOKED LIKE, UH, BEFORE I BOUGHT IT AND WHAT THE HOUSE LOOKED LIKE AFTER. CAN, CAN I ASK THAT WE PAUSE FOR JUST A SECOND? IS THIS THE APPLICANT? YES. YES. ALRIGHT. DO WE HAVE OTHER PEOPLE THAT ARE SIGNED UP TO SPEAK IN OPPOSITION TO THIS? 'CAUSE THE APPLICANT'S ENTITLED TO 20 MINUTES AFTER WE'VE HEARD FROM PEOPLE WHO HAVE SIGNED UP TO SPEAK IN, IN OPPOSITION TO THE APPLICATION. I DON'T, I'M SORRY TO CUT YOU OFF, BUT I'M TRYING TO FOLLOW THE RULES AND MAKE SURE THAT, THAT YOU GET YOUR DUE PROCESS IN TERMS OF YOUR TIME. WE DO NOT HAVE ANY MORE SPEAKERS AGAINST, OKAY. SO I APOLOGIZE FOR INTERRUPTING, BUT I WANTED TO MAKE SURE YOU, YOU HAVE WHAT WE'RE GOING TO DO SINCE WE HAVE NO, I WANNA BE CLEAR, WE HAVE NO SPEAKERS SIGNED UP IN OPPOSITION TO THE APPEAL OTHER THAN THE APPLICANT. YES. WE'VE CALLED ALL THE NAMES ON THIS ITEM. VERY GOOD. THEN WHAT WE WILL DO IS WE WILL SET THE CLOCK. I DON'T KNOW WHETHER YOU CAN DO THIS, BUT I'M GONNA TRY TO, I'M GONNA SEE IF YOU CAN, UH, WE'LL SET THE CLOCK FOR 19 MINUTES. WELL, LET'S JUST DO IT FOR 20 MINUTES AND GIVE HIM THE, THE, THE FULL 20 MINUTES IN, IN, IN RESPONSE TO THE FOUR, UH, APPELLANTS. AND LET'S START THIS AGAIN SO THAT WE MAKE SURE WE'RE, WE'RE MAKING SURE HIS DUE PROCESS IS PROTECTED. AND MAYOR, COULD I YES. MAYOR FOR TIM, COULD WE MAKE SURE, IT SOUNDS LIKE THERE'S SUPPOSED TO BE A PRESENTATION, BUT I DON'T THINK WE SAW ANYTHING ON THE SCREEN. IS THAT CORRECT? WELL, HE SAID THERE WAS SUPPOSED TO BE A PRESENTATION, BUT STAFF IS INDICATING THEY DON'T HAVE A PRESENTATION. RIGHT. WHICH IS, SO MAKE SURE MR. JORDAN IS AWARE OF THAT. MR. JORDAN, DID YOU HEAR THAT? I DID HEAR THAT. I DID. THE PRESENTATION IS IN THE MATERIALS ON THE AGENDA, AND I DID EMAIL THAT PRESENTATION TO ERICA, ERICA, BRADY, AND STEPHANIE HALL AHEAD OF TIME. CAN WE TAKE A MINUTE TO GET, WE'RE WORKING ON LOCATING THAT RIGHT NOW. THANK YOU, [04:45:02] MAYOR. I JUST WANNA PUT, THERE IS AN OWNER PRESENTATION IN THE BACKUP, UH, ITEM, SO, RIGHT. AND I'M ASSUMING THAT'S THE PRESENTATION THAT'S BEING REFERRED TO. YES. YEAH, I KNOW WHAT I, I KNOW WHICH ONE YOU'RE REFERRING TO, MR. JORDAN. I JUST WANNA MAKE SURE. THANK YOU. THE COUNSEL WILL HAVE HAD THAT IT WAS IN THE BACKUP, AND SO WE CAN PROCEED. MM-HMM. WITH COUNSEL KNOWING THAT THEY, THEY HAD THAT IT WAS IN THE BACKUP. SO WHY DON'T WE, WE SET THE CLOCK. YOU HAVE 20 MINUTES. UM, AND PLEASE PROCEED. MM-HMM, , I'M SORRY TO HAVE INTERRUPTED, BUT I WANNA MAKE SURE THAT WE WERE GETTING, DOING THIS THE RIGHT WAY. I APPRECIATE THAT. IS THERE A WAY TO PUT THAT PRESENTATION ON THE SCREEN? BECAUSE I DO THINK IT IS QUITE VITAL TO, TO, TO THE WORDS THAT I'M SAYING. YES, WE ARE WORKING ON IT RIGHT NOW. AND I I PROMISE YOU, WHILE WE'RE WAITING, I DO NOT PLAN TO TAKE 20, 20 MINUTES. OH, WE'VE HEARD PROMISES BEFORE, MR. JORDAN. OKAY, MR. JORDAN, THE PRESENTATION'S BEEN FOUND AND IS UP ON THE SCREEN. WE'RE READY TO GO, SIR. OKAY. THANK YOU SO MUCH. ALL RIGHT, SO IF WE COULD PLEASE GO TO SLIDE TWO TITLED HISTORICAL STRUCTURE REVITALIZED AND PRESERVED. I'D JUST LIKE TO MENTION, AS I MENTIONED BEFORE, WHEN I BOUGHT THIS HOUSE, THIS WAS THE CONDITION IT WAS IN BEFORE, AND THIS IS THE CONDITION AS IN, AFTER WHAT'S IN YELLOW IS A DESCRIPTION OF WHERE THE PROPOSED DUPLEX IS GOING TO GO. AND I WOULD LIKE TO SAY THAT WHEN YOU, WHEN YOU READ THE HISTORIC DESIGN STANDARDS OF MY DISTRICT, IT'S 19 PAGES LONG AND, AND MOST OF, IF NOT, 99% OF THAT IS ABOUT PROTECTING HISTORIC STRUCTURES. THERE'S ONLY ONE PARAGRAPH IN THERE THAT TALKS ABOUT NEW CONSTRUCTION. AND IN THAT PARAGRAPH THERE IS ONE SPECIFIC LINE THAT YOU WILL SEE THE APPELLANTS TALK ABOUT, AND THAT IS IN REGARDS TO THE HEIGHT OF, OF THIS PROPOSED STRUCTURE. AND IF YOU CAN PLEASE GO ON TO, UM, SLIDE NUMBER THREE. THIS IS THE VIEW FROM THE ALLEYWAY OF 10TH STREET. IF YOU SEE ON THE LEFT WITH THE SORT OF GREEN ROOF, THAT IS THE PLANS THAT WAS APPROVED BY HLC IN NOVEMBER, 2023. YOU CAN SEE THIS IS A THREE STORY STRUCTURE AND ALL CURRENT APPELLANTS THAT YOU HAVE HEARD FROM TODAY ARE IN AGREEMENT THAT THEY ARE OKAY WITH THE HEIGHT OF THE STRUCTURE. IF SEE ON THE RIGHT, THIS IS THE SECOND DESIGN THAT WAS APPROVED IN JUNE, 2024 BY HLC. THIS IS ALSO A THREE STORY STRUCTURE AND THE APPELLANTS ARE APPEALING THIS DUE TO THE HEIGHT. BUT THE REAL ISSUE THAT THEY'RE APPEALING IS THEY DO NOT LIKE THE MASSING, IT'S NOT THE HEIGHT, BUT BECAUSE THE DESIGN STANDARDS DO NOT SPELL OUT ANYTHING RELATED TO MASSING, IT'S ALL RELATED TO THE HEIGHT OF THE STRUCTURE. THEY ARE TRYING TO APPEAL THAT THE HEIGHT IS, IS WHAT THE, IS WHAT THE CONCERN ISSUE IS, BUT IT IS REALLY THE MASSING THAT THEY ARE CONCERNED ABOUT. IF YOU LOOK AT THE DESIGN STANDARDS, ALL IT SAYS IS THAT OF SIMILAR SAME OR SIMILAR CONTRIBUTING STRUCTURES IN THE NEIGHBORHOOD. WHAT THEY DID NOT, WHAT NONE OF THE APPELLANTS MENTIONED IN THEIR SPEECH IS THAT I LIVE RIGHT NEXT TO THE METROPOLITAN CHURCH AND THAT STRUCTURE IS A CONTRIBUTING STRUCTURE AND IS ALSO OVER 50 FEET TALL. NONE OF THE APPELLANTS HAVE MENTIONED [04:50:01] THAT STRUCTURE AT ALL IN THEIR PRESENTATION. IN THE FIRST DESIGN, HLC APPROVED THIS ON CONSENT, NO MEMBERS SHOWED UP, NO NEIGHBORS SHOWED UP TO APPEAL IT, AND NO ONE APPEALED THIS STRUCTURE ON THE RIGHT. HLC APPROVED THIS IN A NINE TO ONE VOTE AND ONLY ONE OF THE APPELLANTS SHOWED UP AND IT STILL PASSED. SO THE APPELLANTS MENTIONED HOW GREAT THEY THINK HLC, WHAT GREAT A JOB HLC HAS DONE AND HOW THIS IS THE BEST HLC THAT THEY'VE EVER SEEN. I HEARD EMILY SAY THAT, BUT IN BOTH CASES, HLC HAS DECIDED TO APPROVE THIS DESIGN. IF WE GO TO SLIDE FOUR, THE THOROUGH REVIEW PROCESS, I STARTED THIS PROCESS WAY BACK IN AUGUST OF 22. WHEN I REACHED OUT TO HLC, I GAVE NOTICE TO BOTH MY NEIGHBORS IN AUGUST OF 2023 ABOUT BUILDING A STRUCTURE. MR. ROGERS ACROSS THE STREET FROM ME AND HIS WIFE, ADVICE TO ME AT THE TIME. AND THE ONLY ADVICE THAT THEY GAVE WAS TO GO TO THE ARCHITECTURE REVIEW COMMITTEE, AS YOU SEE IN THE APPROVAL PROCESS BELOW. I WENT TO THE ARCHITECTURE REVIEW COMMITTEE MANY, MANY TIMES AND SOUGHT THEIR FEEDBACK, WHICH IS SOMETHING THAT ONE OF THE APPELLANTS HAS TOLD ME TO DO. AND I WORKED EXTENSIVELY WITH THEM TO DESIGN A PROJECT THAT FIT WITHIN THE DESIGN STANDARDS. AND AS YOU CAN SEE, HERE ARE THE DIFFERENT DATES AND TIMELINES OF ALL THE 11 ENGAGEMENTS OVER THE LAST TWO YEARS, WHICH REALLY DEMONSTRATES, I THINK, MY COMMITMENT TO TRYING TO DO THIS RIGHT WITH A THOROUGH REVIEW IN COMMUNITY ENGAGEMENT. IF WE GO TO THE NEXT SLIDE, PROJECT ELEMENTS, YOU CAN SEE THE GREEN SITE LINE SHOWS HOW THIS PROJECT IS MINIMALLY VISIBLE FROM 10TH STREET. I, I DO APPRECIATE, UM, EMILY PUTTING TOGETHER SOME RENDERINGS TO SHOWING, TO SHOWING, UM, THE SITE LINE HERE. AS YOU CAN SEE, THIS IS GOING TO BE MINIMALLY VISIBLE. YOU MIGHT BE ABLE TO SEE THE ROOF HERE, BUT IN LARGE PART THIS WILL BE MINIMALLY VISIBLE FROM 10TH STREET. AND THAT IS DUE TO HOW FAR BACK MY, UM, MY PROPERTY GOES. IT'S, IT'S QUITE LONG AND NARROW. YOU'LL SEE ON THE NORTH SIDE HERE IN, IN THIS SLIDE ON THE, ON THE RIGHT, THIS IS THE SETBACKS I CREATED FROM SUE'S HOUSE. I REALLY WANTED TO MAKE HER FEEL MORE COMFORTABLE. AND SO I CREATED SETBACKS BACK THERE. I ALSO TRIED TO MINIMIZE THE WINDOWS FACING MY NEIGHBOR SUE TO THE EAST. SO I, I TRIED TO DO THIS VERY THOUGHTFULLY TO HAVE LESS OF AN IMPACT ON HER HOUSE. IF WE KEEP MOVING ON TO PROJECT ELEMENTS, THIS IS JUST DIFFERENT ANGLES OF 10TH STREET SHOWING THAT THIS WILL BE MINIMALLY VISIBLE AGAIN FROM 10TH STREET, WHICH WAS AN IMPORTANT PART OF THE CONSIDERATION FROM HLC. AS YOU ALSO SEE THE CHURCH, YOU CAN SEE HERE HOW TALL IT IS. I THINK MULTIPLE APPELLANTS HAVE SAID THAT THERE IS NOT A THREE STORY, UM, A CONTRIBUTING STRUCTURE IN THE NEIGHBORHOOD, BUT THEY HAVE CLEARLY LEFT OUT THAT I LIVE DIRECTLY NEXT TO A CHURCH THAT IS OVER THREE STORIES TALL, UM, AND IS OVER 50 FEET AND REALLY TOWERS OVER MY PROPERTY. IF WE MOVE ON TO NEIGHBORHOOD CONTEXT, YOU'LL SEE HERE, UM, THE DIFFERENT SMILEY FACES SHOW THE DIFFERENT 13 STORY PROPERTIES WITHIN, OR SORRY, THERE ARE 13 THREE STORY PROPERTIES IN THE DISTRICT. UM, THERE ARE EIGHT PROPERTIES THAT ARE AT OR ABOVE 35 FEET, WHICH IS THE HEIGHT OF MY PROPOSED DUPLEX. UM, AS YOU CAN SEE, THIS MATCHES HISTORICAL ELEMENTS, IS MINIMALLY VISIBLE AND, AND IS CONSIDERED THE NEIGHBORS. AND IN THE NEXT YOU'LL SEE THIS THREE STORY STRUCTURE, ALL THE DIFFERENT THREE STORY STRUCTURES WITHIN MY DISTRICT. TWO OF THESE ARE CONTRIBUTING THE CHURCH THAT IS ABOVE YELLOW AND THEN THE HOUSE NEXT TO IT. SO IN SUMMARY, I I JUST WANNA SAY, YOU KNOW, I THINK THIS REVITALIZES AND PRESERVES MY HISTORIC STRUCTURE, WHICH IS THE WHOLE INTENT OF THE DESIGN STANDARDS, WHICH IS TO PRESERVE THE HISTORIC STRUCTURE ON YOUR PROPERTY. I HAVE CLEARLY DONE THAT. MY PROJECT ADDS HOUSING WHILE RESPECTING THE CHARACTER OF THE NEIGHBORHOOD. I WILL HAVE A, UM, ONE UNIT WILL BE THREE BEDROOMS, TWO BATHROOM, THAT IS THE HOUSE I CURRENTLY LIVE IN AND WILL CONTINUE TO LIVE IN. THE BACK HOUSE CONSISTS OF A 2200 OR 2100 SQUARE FOOT OR BEDROOM, THREE BATHROOM AND A 500 SQUARE FOOT STUDIO OFFERING MULTIPLE DIFFERENT HOUSING OPTIONS FOR PEOPLE AND MAKING IT A MORE INCLUSIVE NEIGHBORHOOD. THE OTHER THING I'D LIKE TO MENTION IS THERE'S BEEN A LOT OF DISCUSSION ABOUT HOME HERE. UM, THIS PROJECT REALLY HAS NOTHING TO DO WITH HOME. OUTSIDE OF THAT, I INCREASED THE SIZE AND THE SIZE BEING THE WIDTH OF THE PROJECT. [04:55:01] THE HEIGHT HAS STAYED THE SAME, AND AS YOU SEE, THE HEIGHT WAS APPROVED BEFORE HOME WAS INITIATED. AND SO I REALLY DON'T UNDERSTAND WHAT THE APPELLANTS MEAN WHEN THEY SAY THAT HOME HAS IMPACTED THIS BECAUSE HOME HAS IMPACTED THE WIDTH, BUT HOME HAS NOT OVERSTEPPED THE DESIGN STANDARDS THAT THEY ARE SAYING IT HAS. AND I, AND I'M, I STILL STRUGGLE WITH THIS, I I REALLY FEEL LIKE THE APPLICANTS HERE ARE TRYING TO USE THE DESIGN STANDARDS TO PUSH THEIR OWN PERSONAL AGENDA BECAUSE THEY DON'T WANNA SEE A THREE STORY STRUCTURE NEXT TO THEIR HOUSE AND ARE TRYING TO USE THE DESIGN STANDARDS IN A WAY THAT PORTRAYS THAT I'VE DONE SOMETHING THAT IS AGAINST THOSE STANDARDS, BUT IT'S REALLY MORE ABOUT THEIR PERSONAL INTERESTS, I BELIEVE, AND LESS ABOUT THE DESIGN STANDARDS, WHICH AGAIN, FOR THE LAST TIME IS THERE TO PROTECT HISTORICAL STRUCTURES, NOT SO MUCH NEW CONSTRUCTION. I THINK I KEPT THAT UNDER 20 MINUTES, MAYOR, AND I THANK YOU FOR YOUR TIME. YOU DID GOOD JOB. THANK YOU. NOW WE'RE ENTITLED TO REBUTTAL. WE'LL START WITH APPELLANT NUMBER ONE, TRISANA ROGERS WITH THREE MINUTES. MS. ROGERS. THAT'S A LOT. YES, I'M HERE. GOOD DEAL. UM, THAT'S A LOT TO PROCESS. SO NO ONE SHOWED UP BECAUSE HE DIDN'T TALK TO US ABOUT THE DESIGN STANDARDS WHEN HE WENT TO THE PLANNING COMMISSION, UH, OR THE HISTORIC LANDMARK COMMISSION. UH, THE OTHER THING IS, UH, HE SAYS IF THIS HAS NOTHING TO DO WITH HOME, THEN WHY DID HE RESUBMIT A MUCH LARGER, MUCH MORE MASSIVE BUILDING IF HE WAS, IF HE WAS JUST WORKING WITHOUT HOME, IF THE HOME DOESN'T HAVE ANYTHING TO DO WITH THIS, WHY DID HE CHANGE HIS DESIGN? SECOND OF ALL, THE SPIRIT OF OUR HISTORIC ZONE IS THAT IT PROTECTS THE HISTORIC ZONING AND THE CHARACTER OF OUR NEIGHBORHOOD. ALL OF THESE HOMES THAT HE'S SAYING THESE 13 THREE STORY HOMES, IT IS NOT A TRUE THREE STORY. AND MAYBE THE ARCHITECT DIDN'T EXPLAIN THIS TO HIM, OR MAYBE HE JUST CAN'T UNDERSTAND IT, OR MAYBE HE'S REFUSING TO UNDERSTAND THAT THE FIRST DESIGN, ALTHOUGH NO ONE SAID WE LOVE THIS, DO IT. THE FIRST DESIGN WAS NOT A THREE STORY BUILDING. IT IS A THREE STORY IN THE, IT IS A TWO STORY WITH USABLE ATTIC SPACE IN THE CENTER. AND HE CONTINUES TO PRESS THAT LIE THAT THOSE ARE, SO, THERE'S SO MANY THREE STORY BUILDINGS IN HERE. ALSO, YOU CAN'T COMPARE A CHURCH AND APARTMENT BUILDINGS TO A SINGLE FAMILY DEVELOPMENT OR EVEN A MULTI-FAMILY DUPLEX THAT HE'S TRYING TO BUILD. SO I THINK HE'S JUST FULL OF MALARKEY AND HE'S TRYING TO JUST PRESS THIS TO BE THE BIGGEST THING THAT HE CAN HAVE AND DESTROY THE CHARACTER OF OUR NEIGHBORHOOD, WHICH IS WHY WE NEED OUR DESIGN STANDARDS MORE APPROPRIATE TO FIX WHAT HAS HAPPENED SINCE THE HOME ORDINANCE HAS GONE THROUGH. THANK YOU. THANK YOU. APPELLANT NUMBER TWO, MARK ROGERS. THREE MINUTES. ALL RIGHT. UM, I, I THINK I WANNA BACK UP WHAT, UH, MY WIFE JUST SAID. THE, THE BUILDING THAT WAS APPROVED IN NOVEMBER WAS UNDER, I WOULD CALL IT THE OLD SINGLE FAMILY LAND DEVELOPMENT CODE PRE HOME, WHICH THE FIRST PHASE GOT PASSED IN DECEMBER OF 2023. SO IT WAS BY CODE NO MORE THAN 1100 SQUARE FEET, NO MORE THAN ONE SINGLE UNIT, AND NO MORE THAN 32 FEET TALL. THAT'S WHAT THE OLD CODE FOR AN A DU REQUIRED. HE WENT BACK AFTER HOME, THE FIRST AID, THE HOME GOT PASSED, AND HE WAITED TILL THE SECOND PHASE BEFORE HE WENT BEFORE THE LANDMARK COMMISSION IN ORDER TO MORE THAN DOUBLE THE SIZE THE SQUARE FOOTAGE FROM ELE MAXIMUM OF 1100 SQUARE FEET TO 2,600 SQUARE FEET. AND TO TAKE ADVANTAGE OF THE FACT THAT AT MCMANSION WAS GONE, THERE WERE NO LONGER THE RESIDENTIAL DESIGN AND COMPATIBILITY STANDARDS THAT IN A SENSE PROTECTED OR AT LEAST MADE THINGS MORE COMPATIBLE IN SINGLE FAMILY ZONES AND, UH, BUILD A TRUE THREE STORY BUILDING. WHEN YOU LOOK AT THE WALL THAT ON THE, ON THE WEST SIDE OF HIS DUPLEX, IT'S FULLY THREE STORIES. IT'S NOT A HABITABLE ATTIC SPACE LIKE THE OTHER NON-CONTRIBUTING STRUCTURES THAT HE SHOWED YOU. THERE ARE NO THREE STORY SINGLE FAMILY STRUCTURES IN THE ENTIRE GUADALUPE NEIGHBORHOOD, LET ALONE WITHIN THE, UH, HISTORIC DISTRICT. NOW, IF, IF MR. JORDAN WOULD LIKE TO DO WHAT HE CONSIDERS A THREE STORY BUILDING AND DO TWO STORIES WITH A HABITABLE ATTIC SPACE, THAT'S PROBABLY SOMETHING THAT OUR DESIGN COMMITTEE COULD, COULD WORK WITH. BUT HE NEVER APPROACHED US ABOUT THAT. HE NEVER TALKED TO US ABOUT THESE THINGS. SO HERE WE ARE. UH, IT GETS PUT IN YOUR HANDS, I THINK HOPEFULLY TO SEND IT BACK TO THE LANDMARK COMMISSION, AS WE SAID, TO DEAL WITH THE NEW EVIDENCE THAT SHOWS THAT [05:00:01] HIS 45 FOOT AND 35 FOOT TELEPHONE POLES ARE PROBABLY MORE LIKE 26 FEET OR 25 FEET AND 35 FEET. AND HIS BUILDING HAS A FULL THREE STORIES PRETTY MUCH VISIBLE, I MEAN, VISIBLE FROM EAST 10TH STREET AND VERY VISIBLE FROM A NUMBER OF OTHER RIGHT OF WAYS IN THE HISTORIC DISTRICT. THAT'S, THAT'S A SERIOUS GOOD REASON FOR RECONSIDERATION. UM, OUR DESIGN STANDARDS ARE NOT AS CLEAR AS THEY COULD BE BECAUSE AS, UH, EMILY LITTLE POINTED OUT, YOU KNOW, WE WERE DEALING WITH THE OLD LAND DEVELOPMENT CODE. WE THOUGHT THE RESIDENTIAL DESIGN AND COMPATIBILITY STANDARDS WOULD BE IN PLACE THAT AN A DU COULD ONLY HAVE TWO STORIES AT MOST AND 1100 SQUARE FEET. SO WE JUST SAID THE SAME OR SIMILAR TO THE CONTRIBUTING STRUCTURES WITHIN THE DISTRICT, AND WE TOLD YOU 79% ARE ONE STORY. SO SOMETHING'S WAY OFF ON THIS. AND IT'S NOT A MATTER OF PERSONAL INTEREST, THE ONLY PERSONAL, WE DON'T HAVE ANY PERSONAL INTERESTS. WE'RE MISSING WORK AND DEALING WITH THIS ALL DAY. MR. JORDAN'S OCCUPATION. THANK, THANK YOU MR. ROGER. SHORTER TERM RENTAL SO THAT IT'S HIS PERSONAL INTEREST. THANK YOU, SIR. WE'LL MOVE ON TO THE THIRD APPELLANT, AND THAT IS SUE GALL WITH THREE MINUTES, GET HELLO, IT'S SUE GALL AGAIN. CAN WE GET MATT'S PRESENTATION BACK ON THE SCREEN OR AM I NOT, NOT ALLOWED ACCESS. WE CAN TRY TO DO THAT. WELL, I BURN THROUGH THREE MINUTES THEN. YEAH. ALL RIGHT. LET ME, I WROTE DOWN MY REBUTTAL POINTS. UM, ONE OF HIS, UM, HE SHOWED A SLIDE OF, OF THE THREE STORY CONSTRUCTIONS. AND I JUST WANNA POINT OUT THAT OTHER THAN THE CHURCH, NONE WERE CONTRIBUTING STRUCTURES. NONE . HE, HE IS USING INVALID BUILDINGS AS HIS BASIS FOR SIMILAR BUILDS. AND THAT'S OUR WHOLE POINT. CONTRIBUTING BUILDINGS DICTATE NEW CONSTRUCTION. THANK YOU. THANK YOU, MS. LITTLE, YOU'LL HAVE THREE MINUTES. THANK YOU. THE LANGUAGE IN THE LOCAL HISTORIC DISTRICT GUIDELINES REFERS TO COMPATIBILITY, MASSING, AND, UM, MAINTAINING THE CHARACTER OF THE NEIGHBORHOOD. AND UNDER THOSE UMBRELLA TERMS ARE THINGS LIKE SETBACKS, UH, ROOF FORMS. AND WE AREN'T JUST BASING THIS ON HEIGHT BECAUSE HE'S RIGHT, THIS IS THE SAME HEIGHT, BUT HE ADMITTED THAT IT HAD GOTTEN WIDER. AND THAT'S THE ISSUE. THERE IS NO STEPPING BACK AS THERE WAS IN THE FIRST PLAN THAT WAS APPROVED. THAT'S WHERE A NEW STRUCTURE WILL LITERALLY OVERPOWER THE 79% OF OUR NEIGHBORHOODS SINGLE FAMILY HOUSES. AND THAT'S WHY WE WANT TO REVISIT THE WAY THE LOCAL HISTORIC DISTRICT GUIDELINES ARE WRITTEN. WE WANT THAT CHANCE. THANK YOU. THANK YOU MS. LITTLE MEMBERS. THAT CONCLUDES THE PROCESS FOR THE CONDUCT OF A PUBLIC HEARING ON AN APPEAL. WITHOUT OBJECTION, WE WILL CLOSE THE PUBLIC HEARING ON ITEM NUMBER 1 65. THE PUBLIC HEARING ON ITEM NUMBER 1 65 IS CLOSED. MEMBER, TIM, YOU HAD INDICATED YEAH, I JUST, I JUST WANTED TO MAKE A COUPLE OF REMARKS. OKAY. THE CASE TROUBLES ME AFTER HER COMMENT. I'M GOING TO ASK FOR A MOTION, BUT GO AHEAD. YEAH, THE CASE TROUBLES ME. UM, BECAUSE EVEN AFTER HAVING SEVERAL CONVERSATIONS WITH CITY STAFF AND THE NEIGHBORS AND THE CHAIR OF THE HLC, IT SEEMS CLEAR THAT SOME ASPECTS OF THE DESIGN STANDARDS FOR THE ROBERTSON, STEWART, AND MAYOR LOCAL HISTORIC DISTRICT WEREN'T STRICTLY FOLLOWED HERE. THAT BEING SAID, IT'S ALSO CLEAR TO ME THAT A SUCCESSFUL APPEAL AND RETURN TO THE HLC WOULD, IT'S NOT CLEAR THAT RETURNING THE APPEAL TO THE HLC WOULD YIELD A DIFFERENT RESULT. MY OTHER CONCERN IS THAT THIS CASE HAS BEEN REPORTED IN THE PRESS AS SOMEHOW RELATED TO THE HOME INITIATIVE AND ORDINANCE. AND I WANNA BE CLEAR THAT IN THE HOME ORDINANCE COUNCIL EXPLICITLY ORDERED THE DESIGN STANDARDS FOR LOCAL HISTORIC DISTRICTS AND LANDMARKS TAKE PRECEDENCE OVER ANY ADDITIONAL ENTITLEMENTS. WE DELIBERATELY AMPLIFIED THIS IN THE ORDINANCE AS A BUILT AND SUSPENDER APPROACH, SINCE DESIGN STANDARDS FOR HISTORIC DISTRICTS ALREADY APPLY, NO MATTER THE UNDERLYING ZONING. WE DIDN'T CHANGE THAT. AGAIN, DESIGN STANDARDS FOR HISTORIC DISTRICTS SUPERSEDE ANY ADDITIONAL ENTITLEMENTS. UM, AND SO CITY MANAGER, IT MAY BE BENEFICIAL FOR COMMISSIONS TO BE BRIEFED ON RECENT CHANGES TO THE LAND DEVELOPMENT CODE AS THEY RELATE TO THEIR WORK. IT MAY NOT HAVE CHANGED [05:05:01] THE OUTCOME HERE, AND MY CONVERSATIONS WITH VARIOUS FOLKS LEAD ME TO BELIEVE THAT IS THE CASE, BUT A SHARED UNDERSTANDING SURE WOULD'VE BEEN HELPFUL TO ALL OF US. THANKS, MAYOR. THANK YOU. IS THERE A MOTION ON 1 65? IS THERE A MOTION THERE BEING NO MOTION ON ITEM NUMBER 1 65? THE APPEAL IS DENIED. THAT'LL TAKE US TO ITEM NUMBER 1 66, [166. Conduct a public hearing and consider an appeal by Justin Jensen, Barton Creek Southwest Property Owners Association, and Travis Country West Home Owners Association of the Planning Commission's decision to approve a site plan for Sunset Ridge Apartments in the Southwest Parkway Hill Country Roadway Corridor, located at 8413 Southwest Parkway (SPC-2024-0162C.SH).] WHICH IS ALSO AN APPEAL A MULTI WITH MULTIPLE, UH, PARTIES. SO WE WILL FOLLOW THE SAME AGENDA IN TERMS OF THE CONDUCT OF THE PUBLIC HEARING WITHOUT OBJECTION, WE WILL OPEN THE PUBLIC HEARING ON ITEM NUMBER 1 66, AND I'LL RECOGNIZE THAT. UH, STAFF FOR A REPORT FROM STAFF AFTERNOON, MAYOR COUNCIL KEITH MARS, ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES DEPARTMENT, I'LL PROVIDE A BRIEF STAFF BRIEFING ON THE MATTER. PROJECT NAME IS SUNSET RIDGE APARTMENTS. CASE NUMBER IS SPC 2 2 4 0 1 6 2 C-S-H-S-H IS FOR SMART HOUSING ZONING OF THE TWO TRACKS, GENERAL OFFICE CONDITIONAL OVERLAY NEIGHBORHOOD PLAN, AND USE. THE PROPOSED DEVELOPMENT, OR IS MULTI-FAMILY APARTMENTS. THERE ARE EIGHT BUILDINGS CONSISTING OF 444 UNITS, OF WHICH HALF OF THEM ARE AFFORDABLE UNITS. THE PROPERTY IS 19, APPROXIMATELY 19 AND A HALF ACRES, AND IT'S LOCATED AT 8 4 1 3 SOUTHWEST PARKWAY. THE ISSUE BEFORE COUNSEL IS AN APPEAL OF PLANNING COMMISSION'S DECISION TO APPROVE THE SITE PLAN. THE SITE PLAN REQUIRED LAND USE COMMISSION'S APPROVAL. IT IS, THAT IS A REQUIREMENT OF THE HILL COUNTRY ROADWAY ORDINANCE. I BELIEVE THAT THE SITE PLAN IS COMPLIANT WITH THE CITY'S LAND DEVELOPMENT CODE. FOUR REASONS, INCLUDING THE HILL COUNTRY ROADWAY ORDINANCE ALLOWS FOR REVEGETATION REVEGETATION INCLUDING WATER DETENTION, RETENTION, AND WATER QUALITY FACILITIES THAT WILL COUNT TOWARDS THE 40% NATURAL AREA. THIS PROJECT IS ENTITLED TO RESTRICTIVE COVENANTS THAT ESTABLISHED THE IMPERVIOUS COVER ALLOWANCE. ONE OF THE RESTRICTIVE COVENANTS WAS AMENDED AS RECENTLY AS MAY, 2024. A HILL COUNTRY ROADWAY SITE PLAN IS NOT A CONDITIONAL USE PERMIT. PLANNING COMMISSION MUST APPROVE A PROJECT IF IT COMPLIES WITH THE CITY CODE. APPROVAL IS NOT DISCRETIONARY. THE PROJECT WILL PAY INTO SIGNAL IMPROVEMENTS THAT ARE EQUITABLE TO THE SIZE AND INTENSITY OF THE PROPOSED DEVELOPMENT. AND FINALLY, THE SIZE OF HERITAGE TREES BEING REMOVED ARE WITHIN ADMINISTRATIVE AUTHORITY. SOME OF THESE TREES ARE BEING REMOVED DUE TO THE TREE HEALTH, AND THEN SOME ARE BEING REMOVED FOR REASONABLE USE OF THE PROPERTY. THAT CONCLUDES MY PRESENTATION, AND I'M AVAILABLE IF YOU HAVE QUESTIONS AND I BELIEVE STAFF FROM OTHER DEPARTMENTS ARE AVAILABLE AS WELL. THANK YOU, SIR. MEMBERS, DO YOU HAVE ANY QUESTIONS AT THIS TIME? THANK YOU VERY MUCH. AGAIN, MEMBERS, WHAT WE'LL DO IS WE'LL FOLLOW A PROCESS WHEN WE CONDUCT THIS WHERE, UH, WE, IN THIS CASE WE HAVE THREE APPELLANTS. UH, EACH WILL BE ENTITLED TO FIVE MINUTES. THEN WE WILL HEAR FROM SPEAKERS THAT ARE IN FAVOR, THEN SPEAKERS, AGAIN, SPEAKERS IN FAVOR OF THE APPEAL, THEN SPEAKERS AGAINST. THEN THE APPLICANT WILL GET 15 MINUTES, UH, BECAUSE THERE WERE THREE APPELLANTS EACH GETTING FIVE MINUTES. AND THEN THE APPELLANTS EACH WILL BE GIVEN THREE MINUTES OF REBUTTAL. I'LL TURN TO THE CITY CLERK. WE'LL START WITH APPELLANT NUMBER ONE. JUSTIN JENSEN WITH FIVE MINUTES TO SPEAK ON DECK WILL BE THE REPRESENTATIVE FROM THE BARTON CREEK SOUTHWEST PROPERTY OWNERS ASSOCIATION. UH, GOOD AFTERNOON. UH, MA MAYOR, CITY MANAGER, COUNCIL MEMBERS, UH, MR. I BELIEVE MR. JENSEN ACTUALLY DONATED HIS TIME TO MYSELF. UH, UH, THAT'S REALLY NOT THE WAY THIS IS SUPPOSED TO WORK, BUT, UH, WHO ARE YOU? ERIC GOMEZ. YOUR, UH, YOUR HONOR, UH, HONORABLE MAYOR. I AM I REPRESENT THE, YOU YOU'RE GONNA NEED TO HAVE A LITTLE MORE GUSTO OR, I, I, YOU KNOW, I'M TRYING TO KEEP IT IN. IF I LET MY GUSTO OUT ON THIS PROJECT. I, WELL, WHAT'S YOUR NAME? ERIC GOMEZ. AND, AND MR. JENSEN IS THE, UH, APPELLANT? THAT'S CORRECT. YOU'RE NOT THE APPELLANT. WE FILED AN APPEAL AS WELL, SO I, I DON'T KNOW WHAT ELSE YOU'D CALL US. WELL, APP. WELL, WHO IS WE WHEN YOU SAY WE? THE BARTON CREEK SOUTHWEST. BOA. OKAY, THAT'S WHAT SHE SAID WAS THE SECOND PERSON. CORRECT. SO, UH, THE SECOND A APPLICANT, UH, APPELLANT IS MR. JENSEN. HERE [05:10:01] IS MR. JENSEN. HERE, MR. JUSTIN JENSEN. OKAY. AS APPELLANT NUMBER TWO, AND, AND YOU'RE LEGITIMATELY APPELLANT NUMBER TWO IS THE BARTON CREEK SOUTHWEST PROPERTY OWNERS ASSOCIATION. AND I SUPPOSE YOU'RE THE REPRESENTATIVE OF THAT ASSOCIATION. YOU'LL HAVE FIVE MINUTES. OKAY? AND I, I BELIEVE, I BELIEVE WE'VE HAD MEMBERS, UH, REGISTERED SPEAKERS DONATE TIME, DO WE NOT? YOU'RE ENTITLED THE I'VE I'VE LAID OUT THE PROCESS. OKAY. THE PROCESS IS THAT EACH APPELLANT IS GIVEN FIVE MINUTES. YOU'RE GIVEN FIVE MINUTES. PEOPLE THAT WISH TO SIGN UP, UH, IN, IN FAVOR OF YOUR POSITION, THEY WILL BE GIVEN THREE MINUTES AFTER ALL OF THE APPELLANTS HAVE BEEN HEARD. YOU CAN WAIVE THAT FIVE MINUTES IF YOU LIKE. BUT THOSE PEOPLE THAT HAVE SIGNED UP TO GIVE TO FOR THE THREE MINUTES, THEY MAY DONATE TO EACH OTHER. BUT AS THE REPRESENTATIVE OF THE BARTON CREEK SOUTHWEST PROPERTY OWNERS ASSOCIATION, YOU ARE GIVEN FIVE MINUTES. OKAY. YOU, YOU CAN TAKE THAT NOW OR NOT? I'LL TAKE IT. GOOD. THANK YOU. ABSOLUTELY. THANK YOU. LIKE I SAID, I REPRESENT THE BARTON CREEK SOUTHWEST, POA AND TRAVIS COUNTRY WEST, HOA. WE UNDERSTAND THIS APPEAL IS FOCUSED, IT'S FOCUSED ON TITLE 25, NOT JUST ON THE HILL COUNTRY CORRIDOR REGULATIONS. TITLE 25 IS BIG. I DOWNLOADED IT INTO A WORD DOCUMENT. IT'S OVER A THOUSAND PAGES. IT'S A THOUSAND PAGES OF PROCEDURAL, A THOUSAND PAGES OF SUBSTANTIVE. THERE'S A LOT, LOT OF STUFF GOING ON IN THERE. UH, I'M GONNA SHOW YOU, UH, FIVE REASONS WHY I DON'T BELIEVE THE SITE PLAN FOR THIS PROJECT IS COMPLIANT WITH THE, THE TITLE 25 REQUIREMENTS AND WHY WE ARE REQUESTING A GRANTING OF THIS APPEAL. FIRST, WE BELIEVE THE, THE PLAN VIOLATES THE SOS INITIATIVE, UH, BECAUSE THE, THERE'S A CONFLICT BETWEEN THE, THE RESTRICTIVE COVENANTS FROM 87 AND THE MUNICIPAL ORDINANCE. SO THE QUESTION IS, WHAT DO YOU DO IN THE EVENT OF A CONFLICT WHERE ONE SAYS AN IMPERVIOUS COVER IS 55% AND 35%, AND THE OTHER SAYS THE IMPERVIOUS COVER MAX IS 25%. HOW DO YOU RESOLVE THAT? WELL, YOU LOOK AT SUBTLE CASE LAW AND SUBTLE CASE LAW ESTABLISHES THAT THE MORE RESTRICTIVE OF THE TWO CARRIES THE DAY. ALL RIGHT? THAT WOULD BE THE, THE RESTRICTIVE COVENANT. IF IT WAS MORE RESTRICTIVE OR THAT WOULD BE THE ORDINANCE IF IT WAS MORE RESTRICTIVE. BUT IN THIS CASE, IT'S THE SOS, THE BARTON SPRINGS ORDINANCE AND THE SOS INITIATIVE THAT'S CAPPING IT AT 25% OF PREVIOUS COVER. YET IN CITY STAFF'S RECOMMENDATION, THEY'RE GOING WITH A LESS RESTRICTIVE, RESTRICTIVE COVENANTS. AND WE BELIEVE THAT'S A VIOLATION OF SETTLE CASE LAW AND ALSO THE LAND DEVELOPMENT CODE. IN ADDITION, UM, WE BELIEVE THAT THE SITE PLAN IS VIOLATING THE HILL COUNTRY CORRIDOR NATURAL AREA REQUIREMENTS AS MR. MARS, UH, STATED. UH, THERE'S A 40% NATURAL AREA REQUIREMENT ON THIS PROJECT. THE CITY STAFF IS COUNTING DETENTION AND RETENTION FACILITIES IN THAT REQUIREMENT. AND THEY'RE RELYING ON A, A SPECIFIC ORDINANCE THAT I HAVE CITED HERE, UH, FROM 2010. AND WHERE THAT STATES THAT YOU CAN DO THAT IF THE USE OF THE PROPERTY IS FOR AN OFFICE USE, THE APPLICANT IS PROPOSING A PROJECT THAT'S A MULTI-FAMILY RESIDENTIAL USE. IT'S NOT AN OFFICE USE. THE ZONING FOR THIS PROPERTY IS ZONED GENERAL OFFICE, BUT IT DOESN'T AUTOMATICALLY MAKE THE PROPOSED USE AND OFFICE USE. IT'S A, IT'S A RESIDENTIAL USE. SO THOSE FACILITIES SHOULD NOT BE COUNTING TO THE 40% REQUIREMENT. AND AS A RESULT, WE BELIEVE THE SITE PLAN IS VIOLATING THOSE PROVISIONS. WE ALSO BELIEVE THAT THE HILL, UM, THAT THE TIAS IS, IS REQUIRED ON THIS PROJECT. UH, WHEN THE APPLICANT FIRST SUBMITTED THE SITE PLAN, THEY TURNED INTO TIA A DETERMINATION IN 2023. AND IT WAS BASED ON 428 UNITS, WHICH PUT THIS PROJECT JUST UNDER 2000 VEHICLE TRIPS PER DAY. SINCE THEN, THE SITE PLAN HAS BEEN AMENDED TO INCLUDE 444 UNITS. AND THIS PUTS THE ESTIMATED VEHICLE TRIPS PER DAY AT OVER 2000. BUT NO TIA HAS BEEN PERFORMED AND THAT'S AMAZING. A TIA A IS REQUIRED UNDER THE CODE. THERE'S A CONDITIONAL OVERLAY STATING THAT NO SITE PLAN OR BUILDING PERMIT CAN BE APPROVED WITHOUT, UH, IF, IF THE NUMBER OF VEHICLE TRIPS EXCEED 2000 PER DAY ON THIS PROPERTY. YES, THAT IS WHAT IS HAPPENING. FINALLY, WE BELIEVE THAT THE HERITAGE TREES OR OR FOURTH WE BELIEVE THE HERITAGE TREES, THERE'S ONLY BEEN FOUR THAT HAVE BEEN GRANTED VARIANCE IN THE PUBLIC RECORD, EVEN THOUGH 13 ARE PROPOSED FOR REMOVAL. WHAT'S HAPPENING WITH THE OTHER NINE? WHERE ARE THE VARIANCES AND WHERE ARE THE PUBLIC HEARINGS FOR THE OTHER TREES? AND FINALLY, WE BELIEVE THAT THE AMENDMENTS TO THE RESTRICTIVE COVENANTS HAVE ALL OCCURRED THROUGH ZONING CASES. THAT'S WHAT THE C THAT'S WHAT THE C ONE 14 AND C ONE 14 DESIGNATION ON THESE CASES STANDS [05:15:01] FOR. CITY STAFF KNOWS THAT THAT'S ZONING CASES AND ZONING CASES ARE, ARE, ARE ENTITLED TO COMPLY WITH 25 2 WITH A LOCAL GOVERNMENT CODE CHAPTER TWO 11 AND WITH TOOMA. ALRIGHT, THAT HAS, THAT HASN'T BEEN HAPPENING. THESE ZONING CASES HAVE BEEN AMENDED BY CONTRACT. SO ZONING IS HAPPENING BY CONTRACT AND NOT BY FOLLOWING THEIR PRESCRIBED STATUTES AND REGULATIONS. AND THESE ARE VIOLATIONS. WE BELIEVE THESE ARE ULTRA VIRUS ACTS THAT ARE OCCURRING BECAUSE THE ZONING PROCESS PROCESSES ARE NOT BEING FOLLOWED. RIGHT. ZONING BY CONTRACT. IT'S SOMETHING THAT WE TURN A BLIND EYE TO SOMETIMES, BUT IN THIS CASE IT MATTERS. AND SO WE'RE ASKING THAT, THAT YOU GRANT THIS APPEAL AND SEND IT BACK TO PLANNING COMMISSION TO RESOLVE THIS, YOU KNOW, AND, AND WHEN THAT, IF THAT HAPPENS, WE WILL TOAST THIS AFFORDABLE HOUSING PROJECT ON THIS PROPERTY THAT'S COME INTO COMPLIANCE WITH THE LAW. WELCOME IT. THANK YOU. NEXT WE HAVE APPELLATE NUMBER THREE. THIS SHOULD BE A REPRESENTATIVE FROM THE TRAVIS COUNTY WEST HOMEOWNERS ASSOCIATION AND WHOEVER IS HERE TO REPRESENT THEM, IF THEY COULD GO UP AND STATE THEIR NAME AND THEY WOULD GET FIVE MINUTES. THAT'S THE WELL, I JUST, I JUST SAID MY PIECE AND I SAID IT REALLY QUICKLY, SO I, I APPRECIATE IT. AND I'M GOING TO, UH, WAIVE THESE THREE MINUTES. WELL, YOU HAVE FIVE, BUT IF YOU, IF YOU WANNA SAY ANYTHING MORE, THIS WOULD BE THE TIME TO DO IT. WELL, LET'S SEE HERE. NOT BEGGING YOU, BUT, BUT , I, I WOULDN'T BE EITHER. I WOULDN'T BE EITHER. YOU KNOW, I'M GONNA REITERATE, I I'LL JUST STOP. I'LL SLOW DOWN. 'CAUSE I, I, I THOUGHT I WAS IN A HURRY TO GET IT ALL IN ON FIVE MINUTES. UH, WE UNDERSTAND AFFORDABLE HOUSING'S IMPORTANT. IT'S, IT'S, IT'S, IT'S A NEED HERE. WE, WE GET THAT WE'RE NOT OPPOSING AFFORDABLE HOUSING. IT'S NEEDED IN THAT AREA. UM, WHAT WE ARE OPPOSING IS ANY PROJECT ON THIS PROPERTY THAT DOESN'T FOLLOW THE RULE OF LAW. RIGHT? I MEAN, THE, THE SOS INITIATIVES WERE ENACTED BY THE CITIZENS. THEY'RE, THEY MAY BE CONTROVERSIAL, THEY MAY BE NOT, BUT THEY WERE ENACTED IN 1992 AND THE CAPTAIN PREVIOUS COVER AT 25%. AND THE RESTRICTIVE COVENANT IS NOT GET THE BENEFIT OF CHAPTER 2 45 GRANDFATHERING, EVEN THOUGH THAT'S WHY, THAT'S HOW IT'S BEING TREATED. ALRIGHT? A RESTRICTIVE COVENANT IS NOT A PERMANENT, THE CITY JUST ARGUED THAT IN A CASE AT THE DISTRICT COURT INVOLVING THIS EXACT STATUTE, I MEAN THIS EXACT RESTRICTIVE COVENANT OVER PROPERTIES IN THIS AREA, THE CITY, CITY OF AUSTIN JUST ARGUED THAT GRANDFATHERING DOES NOT APPLY TO THIS RESTRICTIVE COVENANT BECAUSE IT'S NOT A PERMITT, RIGHT? IT'S, IT'S A RESTRICTION. IT'S A NEGATIVE. RIGHT? UH, IT WAS A VOLUNTARILY ENTERED INTO IN 1987. SO, UM, WHAT WE'RE ASKING FOR IS AN AFFORDABLE HOUSING PROJECT ON THIS PROPERTY THAT TAKES INTO ACCOUNT THESE ISSUES THAT I'VE RAISED AND, AND FOLLOWS A RULE OF LAW. RIGHT. AND WE'LL BE HAPPY WHEN THAT HAPPENS. WE'LL BE HAPPY, WE'LL BE AT THE, THE RIBBON CUTTING CEREMONY. SO THANK YOU. THANK YOU. NEXT WE'LL MOVE TO SPEAKERS IN FAVOR. YES. WE HAVE ALLISON TRUO. ROY WHALEY. I WAIVE MY RIGHT. THANK YOU, MR. WHALEY. NEXT WE HAVE SHEILA ANDERSON. I DONATED MY, IS ERIC, YOU DONATED YOUR TIME TO ERIC GOMEZ. I DON'T BELIEVE, I THINK HE ALREADY SPOKE. WOULD YOU LIKE TO SPEAK? HE SPOKE AS APPELLANT. SO WE'RE CALLING SPEAKERS NOW. OKAY. UM, I HAVE EVERYTHING THAT ERIC SAID. I VERY GOOD. HE'S ON THIS LIST. UM, BOBBY LEVINSKY HEAD TIME DONATED BY KAREN DAHMAN AND ROBERT LOWE. ARE THEY AVAILABLE? ROBERTO LOW. ROBERT, I'M SORRY. GREAT. THANK Y'ALL FOR BEING HERE. YOU'LL HAVE NINE MINUTES. MR. LAVINSKY, YOU HAVE NINE MINUTES. THANK YOU, MAYOR COUNSEL BOBBY LAVINSKY WITH THE SAVE OUR SPRINGS ALLIANCE. I PROMISE NOT TO USE MY NINE MINUTES, BUT I, I APPRECIATE HAVING ENOUGH TIME TO ACTUALLY BE ABLE TO SPEAK. UM, UH, ERIC GOMEZ DID A REALLY GREAT JOB OF, UH, GIVING AN OVERVIEW OF THE LAW. UM, AND AS THIS APPLIES TO THIS CASE, UM, THIS IS AN ISSUE WHERE YOU ARE APPLYING THE CITY CODE TO A SITE PLAN. THIS IS NOT A PUBLIC POLICY ISSUE. THIS IS WHETHER OR NOT THE SITE PLAN COMPLIES WITH TITLE, TITLE 25, AND IT DOESN'T. UM, THERE SHOULD BE NO, UM, THERE SHOULD BE NO ISSUE, UH, IN DECIDING THAT IT DOESN'T COMPLY WITH THE SAVE OUR SPRINGS [05:20:01] ORDINANCE HERE. UM, IT EXCEEDS THE IMPERVIOUS COVER LIMITS FOR IT. UM, AND I THINK THAT, UM, CRAIG NEER LATER WILL BE SPEAKING TO HOW IT ALSO DOESN'T MEET THE NONDEGRADATION STANDARD AS WELL. UM, THE IMPERVIOUS COVER THAT THEY'RE PROPOSING ON THE SITE IS 41.1% ON A GROWTH SITE AREA BASIS THAT EXCEEDS SOSS LIMITS ON THIS SITE, WHICH I THINK IS A COMBINATION OF 20 AND 25% NET SIDE AREA. THE ONLY QUESTION THAT, UM, COMES INTO PLAY IS HOW ARE THEY SEE EXCEEDING IT? AND THAT'S WHERE ERIC WAS GETTING INTO THE ESTABLISHED CASE LAW FOR TITLE, UH, CHAPTER 2 45, THE VESTED RIGHTS STATUTE. IT'S NOT APPLICABLE HERE. UH, THIS IS SOMETHING THAT WE'VE SAID FOR QUITE SOME TIME AT SAVE SPRINGS. UM, AND IT'S REALLY GREAT TO HAVE ANOTHER ATTORNEY THAT'S ACTUALLY ARGUED, UM, THESE ISSUES IN COURT, UM, WHO'S ALSO A FORMER CITY ATTORNEY. UM, YOU KNOW, TO, TO VERIFY THAT INDEED THESE RESTRICTIVE COVENANTS THAT WERE APPLICABLE TO THE OAK HILL AREA STUDY ARE NOT PERMITS. THAT IS ONE OF THE, UM, THE, THE MAIN POINTS OF THAT CASE. UM, THERE'S NO VESTED RIGHT TO IT. UH, IN ORDER FOR THERE TO HAVE BEEN A VESTED RIGHT, IT WOULD'VE HAD TO HAVE BEEN A PERMIT. OTHERWISE IT WOULD'VE BEEN A CONTRACT. AND I THINK WE SHOULD HAVE AT LEAST AN UNDERSTANDING THAT YOU CAN'T DO CONTRACT ZONING. UM, THERE'S OTHER ISSUES WITH THOSE RECEIVED COVENANTS. UM, ONE, THEY WEREN'T EVER REQUIRED. UM, MR. SUTTLE WILL GET UP HERE AND SAY THAT THEY WERE, HE SAY HE WILL SAY HE WAS AROUND BACK THEN THAT THEY WERE REQUIRED. UM, BUT THAT, THAT'S, THAT'S NOT HOW THE ZONING PROCESS WORKS. ZONING BY IN ITS NATURE IS VOLUNT AT A VOLUNTARY PROCESS. IT'S SOMETHING THAT YOU'RE REQUESTING. AND WHEN THIS OAK HILL AREA STUDY CAME IN AND THEY WERE ANNEXING THE AREA OF OAK HILL. THEY ASKED PEOPLE TO CONSIDER THESE RESTRICTIONS AS PART OF THEIR, UM, UH, THEIR RESTRICTIONS OF THEIR PROPERTIES. AND IF THEY DID THAT, THEN THE COUNCIL GAVE IT CONSIDERATION AND APPLYING A ZONING STANDARD, THAT'S NOT A REQUIREMENT. THE CITY DIDN'T EVEN SIGN THOSE RESTRICTED COVENANTS BACK THEN. YOU'LL LOOK, IF YOU LOOK AT THOSE ORIGINAL 86, UH, RESTRICTED COVENANTS, THERE'S NO CITY SIGNATURE. THOSE SIGNATURES ONLY STARTED HAPPENING WHEN WE STARTED TO AMEND THESE RESTRICTIVE COVENANTS, AMENDING THEM IN A WAY THAT WAS NOT COMPLIANT WITH THE AUSTIN CITY CHARTER. UH, YOU'VE RECENTLY LOST A CASE WHERE IT WAS, UM, UH, UH, A ISSUE WITH, UM, ARTICLE TWO, UM, SECTION 13 OF THE, OF THE CITY CHARTER THAT SAYS THAT YOU HAVE TO LEGISLATE BY ORDINANCE. HOW CAN YOU APPLY A, UH, UH, RESTRICTED COVENANT, UH, GRANTING WAIVERS TO THE SOS ORDINANCE BY RESOLUTION? YOU CAN'T, THAT'S NOT ALLOWED UNDER THE STATE LAW. UM, IT ALSO IS NOT COMPLIANT WITH THE COMPREHENSIVE ZONING ORDINANCE, UM, OR CHAPTER 25 2, OR THE COMPREHENSIVE PLAN. THAT'S ALSO A CHARTER VIOLATION. THERE'S BEEN NO POSTED AMENDMENT TO THE SAVE OUR SPRINGS, UM, INITIATIVE, UH, THAT WE ARE VOTING ON HERE, EITHER OR WITH THE RESTRICTIVE COVENANT THAT, UH, AMENDMENT THAT HAPPENED EARLIER THIS YEAR. THOSE WOULD ALSO BE VIOLATIONS OF STATE LAW. I'M RAISING THIS BECAUSE IT'S ACTUALLY REALLY IMPORTANT. WE DON'T PUT FIGHTS LIKE THIS IN JEOPARDY BECAUSE I THINK THIS IS LIKELY GONNA EITHER HEAD TO COURT, EITHER FROM THE APPLICANT'S PERSPECTIVE OR FROM THE NEIGHBORHOOD'S PERSPECTIVE. WE'RE KIND OF IN THE MIDDLE HERE JUST TRYING TO ADVISE ON THE SOS ORDINANCE. UM, AND THAT'S UNFORTUNATE BECAUSE I THINK THAT THERE'S, UH, LIKELY AFFORDABLE HOUSING MONEY AT TIED INTO THIS. SO WE SHOULDN'T BE DOING THAT. WE CAN AVOID THAT SITUATION AND WE CAN LOOK FOR BETTER SITES, OR WE CAN WORK FOR DIFFERENT TOOLS TO USE FOR THIS SITE THAT WOULD BE COMPLIANT WITH THE LAW. THIS IS NOT COMPLIANCE WITH THE STATE LAW. UM, I WANNA TAKE ALSO A STEP BACK AND KIND OF SPEAK TO WHY THESE KILL RESTRICTIVE COVENANTS ARE IMPORTANT. UM, AS A BROADER POLICY, THEY APPLY TO OVER, UH, 34 PROPERTIES THAT I WAS ABLE TO COUNT A FEW YEARS AGO. IT AFFECTED OVER EIGHT 80, I'M SORRY, 800 ACRES OF PROPERTY. AND AS ERIC MENTIONED, WHEN THEY WERE DONE, THEY WERE MEANT TO BE MORE RESTRICTIVE THAN THE CITY CODE. AND SO WHEN HE'S TALKING ABOUT THE CONFORMITY OF THE REGULATIONS, YOU HAVE TO KEEP THAT IN MIND. WHEN THEY WERE, WHEN THEY WERE ADOPTED, WHEN THE INTENT OF THESE AGREEMENTS WERE MEANT, UH, TO BE APPLIED, THEY WERE TAKING EXISTING CODE AND THEN REDUCING THE IMPERVIOUS COVER, THEY WERE NOT GUARANTEEING A MAXIMUM IMPERVIOUS COVER. THAT IS NOT WHAT THE LANGUAGE SAYS, AND IT'S NOT SOMETHING THAT YOU WOULD BE WITHIN YOUR RIGHT TO DO EITHER. UM, SO WHAT ERIC IS POINTING OUT IS WHAT HAPPENED WITH THE LE JOHNSON CASE AT THE CITY OF AUSTIN, UM, WAS ABLE TO SUCCESSFULLY WIN AT TRIAL COURT AND AT THE APPELLATE LEVEL. THAT SAID THAT WHEN YOU HAVE TWO CONFLICTING, UH, PROVISIONS, UM, UH, WITH AN AREA SUCH AS IT WAS JUST DOWN THE ROAD, UM, THAT THE MORE RESTRICTIVE REQUIREMENT APPLIES, IF YOU CAN MAKE THOSE, THOSE, UM, UH, PROVISIONS COINCIDE WITH ONE ANOTHER, AND THAT'S WHAT YOU HAVE HERE. IF YOU LOOK AT, BACK AT THESE ORIGINAL RESTRICTIVE COVENANTS WILL SAY, UM, THAT YOU'RE RESTRICTED TO A, A IMPERVIOUS COVER. UM, [05:25:01] AND THEN IT'LL ALSO SAY YOU HAVE, YOU'RE AGREEING TO COMPLY WITH, I THINK IT WAS THE BARTON CREEK ORDINANCE AT THE TIME, AS AMENDED OVER TIME. THAT LANGUAGE IS ALSO REALLY IMPORTANT BECAUSE IT ALSO ENVISIONED THAT THESE REQUIREMENTS WOULD BE CHANGING OVER TIME. IT WASN'T LOCKING IN ANY STANDARD LIKE YOU WOULD UNDER CHAPTER 2 45. KEEP IN MIND, 2 45 DIDN'T EVEN EXIST IN ITS FORM BACK THEN. SO, UM, TO THEN SAY THAT THESE RESTRICTIVE COVENANTS ARE SOMEHOW SOME SORT OF PERMIT, IT'S JUST KIND OF RIDICULOUS. THERE ARE REQUIRED RESTRICTIVE COVENANTS AS PART OF THE CITY'S PROCESS. YOU'LL SEE THAT WITH LIKE TIAS. WHEN A, A SITE PLAN NEEDS TO DO AN IMPROVEMENT, YOU'LL AGREE TO RESTRICTIVE COVENANTS REQUIRED BY CODE TO DO, UM, CERTAIN PROVISIONS. THESE RESTRICTIVE COVENANTS ARE NOT REQUIRED BY CODE. THERE'S ONLY ONE INSTANCE IN THE CITY CODE WHERE THESE RESTRICT COVENANTS ARE TALKED ABOUT. IT'S HOW TO GET RID OF 'EM. AND, UM, I WANTED TO, I WAS DOING SOME RESEARCH IN THE CASE AND I WANT TO COMPLIMENT COUNCIL MEMBER ELLIS ON A, A AMENDMENT THAT YOU HAD BACK IN THE CODE NEXT DAYS WHERE YOU IDENTIFIED THIS AS A PROBLEM AND YOU WERE GONNA PROPOSE GIVING POLICY DIRECTION TO HELP ADDRESS THESE ISSUES AND TRY TO TRY TO GET RID OF THESE RESEARCH COVENANTS. HOW CAN WE REFORM, UH, THESE CODES SO THAT WE CAN PREVENT THESE CONFLICTS? WE HAVE TO DO THAT. IT, IT IS BEEN WHAT, 35, 37 YEARS SINCE, UH, SOS HAS BEEN ADOPTED, OR I COULD BE OFF ON THAT, BUT 92, I CAN'T DO MATH. UM, WE HAVE TO BE ABLE TO ENFORCE THE REGULATIONS AT SOME POINT. THERE ARE SO MANY TOOLS THAT THEY USE TO GET OUT OF COMPLIANCE WITH THE SOS ORDINANCE. IT GETS REALLY EXHAUSTING. AND THIS IS ONE OF THOSE OPPORTUNITIES WHERE YOU HAVE THE OPPORTUNITY TO, TO SAY NO, THAT YOU'RE GOING TO ENFORCE THE OS ORDINANCE AND IF IT NEEDS TO BE RESOLVED IN COURT, DON'T MAKE THE RESIDENTS BE THE ONES THAT HAVE TO BRING IT TO THE COURT SIDE WITH YOUR COMMUNITY. THANK YOU. NEXT SPEAKER IS STUART GOODMAN WITH DAVID ARNOLD ON DECK. STEWART AND DAVID WILL THREE MINUTES EACH. THANK YOU. THANK YOU. MY NAME'S STUART GOODMAN. UH, THANK YOU FOR PROVIDING ME AN OPPORTUNITY TO SPEAK WITH YOU TODAY. YOU'VE ALREADY HEARD, UM, THE VARIOUS VIOLATIONS OF CITY ORDINANCES AND STATE STATUTES THAT CLEARLY PROVIDE LEGAL JUSTIFICATION, UH, FOR, UM, APPEALING THE, THE, UH, I'M SUPPORTING THE APPEAL OF THE SITE PLAN. UH, BUT I WANNA TAKE A A JUST A, A, UH, A STEP BACK AND I THINK THIS SHOULD BE A SLIDE ON. YEP, THERE WE GO. UM, THIS, THIS SITE PLAN IS LOCATED ON A LOW INTENSITY HILL COUNTRY ROADWAY, WHICH IS UNIQUE TO AUSTIN, AND THERE'S JUST A LITTLE SHOT OF IT. UM, AND AS YOU KNOW, OUR HILL COUNTRY ROADWAYS HAVE PROTECTIONS, RIGHT? AND THEY HAVE PROTECTIONS FOR GOOD REASON, RIGHT? BECAUSE ONCE YOU DESTROY THEM, THEY'RE DESTROYED FOREVER. SO THE PREVIOUS ITEM WE TALKED ABOUT WAS, UH, ITEM ON YOUR AGENDA WAS, UH, HISTORICAL DISTRICTS, RIGHT? ONCE YOU DESTROY THOSE, THEY'RE DESTROYED FOREVER. THIS IS VERY ANALOGOUS TO THAT SITUATION. UM, AND YOU HAVE TO UNDERSTAND THIS AN EXTREMELY ENVIRONMENTALLY SENSITIVE AREA OF AUSTIN. NOW, IF YOU READ DOWN ALL THOSE POINTS, BASICALLY THE SUMMARY IS THAT ANY DEVELOPMENT IS TO PRESERVE OR ENHANCE ITS SCENIC CHARACTER. NOW, WHAT I'D LIKE TO UNDERSTAND FROM THE CITY COUNCIL MEMBERS IS HOW THESE PROTECTIONS WILL BE MET. WHAT ESSENTIALLY WHAT WE'RE DOING IS WE'RE LEVELING THE SITE. WE'RE CUTTING DOWN 13 HERITAGE TREES, AND WE'RE CONSTRUCTING A FOUR STORY APARTMENT COMPLEXES AT THE HIGHEST GEOGRAPHIC POINT IN THE AREA. WE CAN'T SIMPLY TAKE A STRATEGY OF WE'RE GONNA BUILD AT ALL COST. I MEAN, IT WILL ABSOLUTELY, I CAN TELL YOU FOR CERTAIN, IT'LL ABSOLUTELY DESTROY AUSTIN AS FAR AS ITS UNIQUENESS AND WHAT A GREAT CITY IT IS. AND I THINK AS MENTIONED BEFORE, THE THE SURROUNDING COMMUNITIES ARE NOT OPPOSED TO DEVELOPMENT. FAR FROM THE CONTRARY, WE JUST WANT A DEVELOPMENT THAT'S IN COMPLIANCE WITH LAW AND IS IN HARMONY WITH THE ENVIRONMENT, THE ENVIRONMENTALLY SENSITIVE AREA THAT THIS SITE IS. THAT'S ALL. AND THAT SHOULDN'T BE CONTROVERSIAL, RIGHT? COMPLIANCE WITH THE LAW AND TO FIT INTO THE GEOGRAPHIC AREA THAT WE'RE TALKING ABOUT, OTHER DEVELOPERS HAVE BEEN ABLE TO COMPLY. AND MY QUESTION IS, WHY CAN'T THIS DEVELOPER COMPLY? JUST, JUST AS AN EXAMPLE, ACROSS THE STREET IS A SITE APARTMENT COMPLEX JUST RECENTLY COMPLETED 20% IMPERVIOUS COVER FITS INTO THE SURROUNDINGS, NO ISSUE, NO COMMUNITY OPPOSITION. INTERESTINGLY ENOUGH, IN THIS CASE, WE HAVE AN APPLICANT THAT HASN'T COMPLIED IN ANY WAY WITH THE GOOD NEIGHBOR POLICY, HAS A SITE PLAN THAT VIOLATES CITY ORDINANCES AND STATE STATUTES AND WILL FOREVER DAMAGE A SCENIC [05:30:01] HILL COUNTRY ROADWAY. AND SO MY QUESTION TO THE CITY COUNCIL IS, DO CITY COUNCIL MEMBERS REALLY BELIEVE THIS IS WHAT DAWSON PEOPLE WANT AND DESERVE? THANK YOU. I'M SORRY. THANK YOU. NEXT WE HAVE DAVID ARNOLD, UH, THE LAST SLIDE IN THAT SERIES, PLEASE. HELLO MAYOR. HELLO, UH, UH, MAYOR POTTI, CITY MANAGER AND COUNCIL. MY NAME IS DAVID ARNOLD, UH, AND I'M A REPRESENTATIVE OF THE, UH, TRAVIS COUNTRY, UH, TRAVIS COUNTRY WEST. AND WHAT I HEAR, WHAT, WHAT I WANT TO ACTUALLY COVER IS THE SUMMARY SLIDE, WHICH TALKS ABOUT THESE BULLETS, BUT I JUST DON'T WANNA READ 'EM TO YOU. I MEAN, THEY, THEY'RE, YOU'VE SEEN 'EM BEFORE. I THINK JASON PRESENTED THEM. UM, BUT I DO WANT TO TALK ABOUT SEVERAL THINGS, ONE OF WHICH IS I'VE ADDRESSED AT THE PLANNING COUNCIL. SO PART OF MY BACKGROUND, I, I'M A FIRST RESPONDER AND I'M, I'M LOOKING FOR SAFETY. I'M LOOKING FOR THINGS THAT DEAL WITH TRAFFIC. I'M LOOKING FOR THINGS THAT ARE OVERLOOKED RELATIVE TO LARGE SITES AND DEVELOPMENTS LIKE THIS THAT DON'T TAKE INTO ACCOUNT THE IMPACTS THAT IT HAS ON ROADWAYS THAT SURROUND THAT. SO I'LL COME BACK THAT IN JUST A SECOND. BUT I DO WANNA REEMPHASIZE SOME OF THE THINGS THAT WE HEARD FROM THE PRIOR, PRIOR, UH, PRESENTATIONS THE APPLICANT REQUESTED THE RESTRICTED COVENANT IS NOT IN LINE WITH THE OAK HILL NEIGHBORHOOD PLAN. THAT'S THE ONLY EXISTING PLAN FOR MULTIPLE NEIGHBORHOODS WITHIN, WITHIN THE AREA AROUND OAK HILL AREA. RESIDENTS ARE SUPPORTIVE OF AFFORDABLE HOUSING. I'LL REPEAT THAT. I'M SUPPORTIVE OF AFFORDABLE HOUSING, AS IS MY NEIGHBORS, BUT OPPOSE THE DEVELOPMENT OF THIS CURRENT SIZE, SCOPE, AND DENSITY AT THIS LOCATION. THIS DEVELOPMENT BY STAFF WAVING THE REQUIRED TRAFFIC IMPACT ANALYSIS BASED ON PROJECTED TRIPS PER DAY, LEAVES THE PLANNING COMMISSION AND COUNCIL IN THE DARK AS TO LIFE SAFETY RISKS ON SURROUNDING ROADS IN THE TRAFFIC ON SOUTHWEST PARKWAY, TRAVIS COOK, BARTON CREEK, AND, AND MORE IMPORTANTLY, OLD B CAVES ROAD. I RELATE TO YOU WHAT I WITNESSED RIGHT BEFORE MY TESTIMONY OF THE PLANNING COMMISSION LAST MONTH, A RESULT OF A BAD MULTI-VEHICLE ACCIDENT IN FRONT OF ANA ON SOUTHWEST PARKWAY. THIS WAS EXACTLY IN A PLACE INSIDE OF A CURVE, TOP OF A GRADE WITH LIMITED SIGHT DISTANCE, EXACTLY THE CONDITIONS FOUND FOR THE PROPOSED APARTMENTS SPEEDING LIKELY AND EXACT EXACERBATING ROOT CAUSE AND MORE RISK NEAR TRAVIS COOK INTERSECTION WHERE RACERS TUNE THEIR CARS AND BIKES. STAFF RESPONDED WITH A DESIGN FOR A STOPLIGHT AT THE EXIT, BUT I GUESS THAT WOULD ONLY WORK WHEN IT'S RED. IT'S AN ENVIRONMENTALLY SENSITIVE AREA. THERE NEEDS TO BE A BETTER BALANCE BETWEEN DEVELOPMENT AND PRESERVING THE ENVIRONMENT SURROUNDING HOMELAND ASSOCIATIONS LISTED HERE ABOVE INCLUDE THE OAK HILL ASSOCIATION OF NEIGHBORHOODS, TRAVIS COUNTRY, WEST MARTIN CREEK, SOUTHWEST, TANA ESCARA ESCAL, AND THE SAVE OUR SPRINGS ALLIANCE. AND A PETITION OPPOSING, THE PROPOSED DEVELOPMENT IS ASSIGNED BY 90% OF RESIDENTS WITHIN THE 200 FEET OF THE PROPERTY. IT'S JUST NOT US STANDING HERE IN FRONT OF YOU. IT IS SEVERAL THOUSAND OF OUR NEIGHBORS WHO ARE ALSO OPPOSED TO THIS DEVELOPMENT. AND WITH THAT, THANK YOU VERY MUCH, MR. MAYOR. THANK YOU. NEXT SPEAKER IS JASON ECK AND DON MODE. IF YOUR NAME'S BEEN CALLED, PLEASE COME FORWARD. GOOD AFTERNOON, COUNSEL. MY NAME IS, UH, DON MOODY. UH, I'LL, I'LL, I'LL JUST SPEAK BRIEFLY. I, I KNOW THAT EVERYONE HERE AND MY NEIGHBORS ARE ALL SUPPORTIVE OF, UH, OF AFFORDABLE HOUSING. I'VE BEEN A, AN AUSTIN RESIDENT SINCE 2005 AND A DISTRICT EIGHT RESIDENT SINCE 2013. WE ALL KNOW FIRSTHAND THAT COSTS HER UP AND WE'RE VERY SENSITIVE TO THE NEED FOR AFFORDABLE HOUSING. I KNOW THAT FIRSTHAND, MY WIFE IS A, IS A CAREER PUBLIC SCHOOL TEACHER FOR 25 YEARS. WE DO NOT OPPOSE PUBLIC HOUSING. WE OPPOSE THE SIZE OF THIS DEVELOPMENT. IT SIMPLY DOES NOT BELONG AT THAT PARTICULAR LOCATION. AGAIN, MY NEIGHBORS AND I, WE SUPPORT PUBLIC, WE SUPPORT AFFORDABLE HOUSING. WE ARE OPPOSED TO THE SIZE OF THIS DEVELOPMENT. UH, THAT'LL BE IN MY CONVERSATIONS. THANK YOU VERY MUCH FOR LISTENING. THANK YOU. CRAIG NAZER WITH LEE ZIEGLER, IF SHE WOULD LIKE TO SPEAK, SHE DONATED TIME, BUT THE PERSON SHE DONATED TO IS NOT HERE. SO SHE CAN SPEAK FOR THREE MINUTES, SO [05:35:01] SHE'D LIKE NO. OKAY. CRAIG NASER, CONSERVATION CHAIR, LONE STAR CHAPTER SIERRA CLUB. SADLY, NO ONE CAN AMEND THE CHEMICAL AND PHYSICAL PROPERTIES OF WATER AND SCIENCE IS TRUE WHETHER YOU CHOOSE TO BELIEVE IT OR NOT. SCIENCE CLEARLY TELLS US THAT FOR MOST SOILS, ANY MORE THAN 10% IMPERVIOUS COVER WILL INCREASE WATER QUALITY DEGRADATION. WEST AUSTIN HAS VERY SENSITIVE SOILS. THE SOS ORDINANCE WAS A COMPROMISE TO BEGIN WITH, AND IT DOESN'T SEEM LIKE WE CAN EVEN LIVE UP TO THAT STANDARD 32 YEARS LATER. THIS DEVELOPMENT, IF COMPLETED, WILL INCREASE WATER QUALITY DEGRADATION, AND FOR THAT REASON ALONE SHOULD NOT BE PERMITTED. AS FOR TREES, A SMALL RECENTLY PLANTED TREE WILL TAKE A HUNDRED YEARS OR MORE TO REPLACE A HERITAGE TREE IN BOTH SHADE AND CARBON SEQUESTERING ABILITY IF IT SURVIVES AT ALL. AND FOR EVERY OLD BIG, HEALTHY TREE THAT SURVIVES, LITERALLY THOUSANDS HAVE DIED IN THE NATURAL SELECTION PROCESS. WE WILL NEVER REACH OUR 50% TREE CANOPY GOALS. A DEVELOPMENT LIKE THIS CONTINUES TO BE ALLOWED. I WAS PART OF THE BATTLE TO PASS THE SOS TO ORDINANCE BACK IN 1992. VERY QUESTIONABLE ACTIONS AND POOR DECISIONS WERE MADE BY THE CITY COUNCIL BACK THEN TO TRY TO MAKE SURE THAT THE SOS ORDINANCE FAILED. I WAS A PART OF A RADIO DEBATE THAT WAS MODERATED BY CACTUS PRYOR. HOW MANY, UH, MAYOR REMEMBERS CACTUS PRYOR? WELL, WE WON OR SO WE THOUGHT, AND YET WE ARE STILL FIGHTING. THE TRUTH I SEE IS THAT IF WE WANT A CLEANER ENVIRONMENT, WE'RE GONNA HAVE TO MAKE BETTER DECISIONS. THIS CASE WILL PROBABLY END UP IN COURT. AT ANY RATE, MAYBE THIS TIME THE CITY OF AUSTIN WILL END UP ON THE RIGHT SIDE OF A COURT CASE ONE CAN ALWAYS HOPE. THANK YOU. THANK YOU. THAT CONCLUDES SPEAKERS. WE CAN NOW MOVE ON TO THE APPLICANT. RICHARD SUTTLE. AND I BELIEVE RICHARD SUTTLE GETS 15 MINUTES. YEAH, I JUST WANNA MAKE SURE WE DON'T HAVE ANYONE SIGNED UP OTHER THAN THE APPLICANT IN OPPOSITION. WE'VE CALLED ALL SPEAKERS. OKAY, SO I JUST ONE FOR THE RECORD, I WANT TO DOUBLE CHECK 15 MINUTES. LEMME GET STRETCHED OUT. I'M RICHARD SU. I'M HERE ON BEHALF OF THE APPLICANT. WE GENERALLY DENY ALL THE ASSERTIONS OF THE APPELLANTS. THIS SITE PLAN HAS BEEN THROUGH A RIGOROUS REVIEW PROCESS FROM THE CITY STAFF. IT HAS BEEN REVIEWED BY THE PLANNING COMMISSION. IT'S BEFORE YOU TONIGHT. UM, IT MEETS ALL THE APPLICABLE RULES AND WHEN BUILT, WE WILL PROVIDE 101 UNITS AT 50% OR BELOW, UH, MFI 77 UNITS AT OR BELOW 60% MFI AND 44 UNITS AT OR BELOW 80% M AND WE ASK THAT THE APPEAL BE DENIED AND WE'LL BE HAPPY TO ANSWER ANY QUESTIONS YOU HAVE. MEMBERS. DO YOU HAVE ANY QUESTIONS? THANK YOU, MR. SO AT THIS TIME WE'LL CALL THE REBUTTALS FOR REBUTTAL. YES, PLEASE. THREE MINUTES A PIECE. APPELLANT ONE IS STILL, IT SAYS JUSTIN JENSEN DIDN'T KNOW IF MR. GOMEZ WAS GOING TO COME UP. MR. GOMEZ, I DON'T KNOW WHETHER YOU'LL BE REPRESENTING BOTH APPELLANT TWO AND THREE, BUT IF YOU WANT TO, WE CAN SET THE CLOCK FOR THAT AND JUST DO IT THAT WAY. YES, YOUR HONOR. OKAY. SO SET THE CLOCK FOR SIX MINUTES. THANK YOU. ALRIGHT. I FIRST WANNA THANK MR. SUTTLE FOR HIS BREVITY. IT KEEPS MY JOB A LITTLE EASIER. UM, LOOK, THIS, THIS CASE IS COMPLICATED. ITS, IT'S COMPLICATED FOR THE APPLICANT. IT'S COMPLICATED FOR CITY STAFF AND IT'S COMPLICATED FOR THE INTERESTED PARTIES WHO ARE HERE. IT'S A DIFFICULT CASE BECAUSE YOU HAVE RESTRICTIVE COVENANTS AND ORDINANCES AND LAYERS AND LAYERS OF DEVELOPMENT. UM, AND LIKE I SAID EARLIER, A THOUSAND PAGES OF SITE OF, UH, TITLE 25 REGULATIONS TO COMB THROUGH TO ENSURE COMPLIANCE. THAT'S A LOT FOR ANYBODY. THAT'S A LOT FOR A TEAM OF PEOPLE. IT'S A LOT. AND I'VE GIVEN YOU FIVE REASONS, AT LEAST FIVE WHY THE SITE PLAN'S NOT COMPLIANT. AND I I DON'T KNOW HOW YOU REBUT THOSE. IF, IF THE, IF THE SOS INITIATIVE REQUIRES 25% MAX AND THE RESTRICTIVE COVENANTS ARE ALLOWING MORE THAN THAT, AND CASE LAW SAYS THE MORE RESTRICTIVE ONE CARRIES THE DAY, [05:40:01] HOW IS THE SITE PLAN COMPLIANT? I DON'T EXPECT CITY STAFF TO, TO KNOW THAT ANSWER. THAT'S YOU REALLY HAVING TO DIG INTO WESTLAW LIKE I HAD TO. RIGHT? THAT'S NOT SOMETHING AN AVERAGE STAFFER HAS TO DO. THE ORDINANCE THAT THAT CITY STAFF IS USING TO BE ABLE TO COUNT THE SEDIMENTATION AND FILTRATION, UM, AREAS OF THIS PROJECT, UM, THE 2010 ORDINANCE STATES ON ITS FACE, IT'S PLAIN. I DON'T EVEN HAVE TO DO ANY LAWYERING ON THAT. I DON'T HAVE TO DO ANY, ANY MAGIC MANEUVERS OR TWISTING WORDS. IT SAYS ON ITS FACE, IT'S ONLY FOR OFFICE USE. YOU CAN ONLY COUNT THOSE AREAS FOR AN OFFICE USE. SO I, I DON'T, I DON'T KNOW HOW YOU CAN PUT OUT A SITE PLAN THAT'S COUNTING THOSE AREAS WHERE THE USE ISN'T AN OFFICE ONE, WHERE IT'S A MULTI-FAMILY RESIDENTIAL. HOW DOES THAT, HOW DOES THAT, HOW DOES THAT COMPLY WITH TITLE 25 AND THE REQUIREMENTS? I DON'T, I DON'T GET IT. THE TIA GREATER THAN 2000 TRIPS PER DAY. THEY WERE JUST UNDER IT AT I THINK 1,997 AT 428 UNITS. THEY'VE GOT 444 UNITS. THAT'S MORE THAN 2000 VEHICLE TRIPS PER DAY. A TI IS REQUIRED, BUT IT HASN'T HAPPENED. HOW IS THAT COMPLIANT WITH TILE 25? YOU KNOW, I'M, I'M, I'M NOT FAULTING STAFF. I'M NOT, I'M NOT FAULT. LIKE I SAID, THIS IS A COMPLICATED CASE. THERE'S A LOT TO KEEP TRACK OF. AND SO WE'RE JUST ASKING THAT THIS PLAN BE SENT BACK TO ADDRESS THESE VIABLE IMPORTANT ISSUES. AND IF THEY CAN, FANTASTIC, FANTASTIC. WE'LL HAVE A SITE PLAN THAT'S COMPLIANT, RIGHT? AND THAT'S ALL WE'RE LOOKING FOR. AND THEY CAN BUILD THE AFFORDABILITY, THE AFFORDABLE HOUSING THAT THE CITY NEEDS. THAT'S IT. THANK YOU. THANK YOU. THAT CONCLUDES ALL SPEAKERS FOR 1 66 MEMBERS. UH, THAT CONCLUDES THE PROCEDURE SET FORTH FOR THE CONDUCT OF A PUBLIC HEARING ON APPEAL. UH, WITHOUT OBJECTION, WE WILL CLOSE THE PUBLIC HEARING ON, UH, ITEM NUMBER 1 66. UH, IS THERE A MOTION? IS THERE A MOTION? IS THERE A MOTION WITHOUT MOTION? WITHOUT A MOTION TO, UH, CONSIDER THE, TO APPROVE THE APPEAL OR GRANT THE APPEAL? THE APPEAL IS DENIED ON ITEM NUMBER 1 66 MEMBERS ON ITEM NUMBER 1 67. THAT HAS BEEN POSTPONED UNTIL OCTOBER 10TH. THAT [168. Conduct a public hearing concerning a change in gas rates proposed by Texas Gas Service Company.] WILL TAKE US TO ITEM NUMBER 1 68, UH, BEFORE WE START 1 68. BEFORE WE START, UM, WITH REGARD TO, UH, ITEM 1 68, LET ME JUST SAY SOMETHING FOR THE PUBLIC THAT IS, UH, OBVIOUSLY PAYING ATTENTION TO THIS ISSUE. UM, THIS IS A PUBLIC HEARING. WE'RE GONNA CUT CONDUCT A PUBLIC HEARING. I'LL OPEN IT IN JUST A SECOND. WE'RE GONNA CONDUCT A PUBLIC HEARING ON TEXAS GAS SERVICES PROPOSED RATE INCREASE, AND WE WILL FOLLOW A, A PROCESS THAT IS, UH, THAT WILL BE REQUIRED UNDER THAT. UM, BUT I WANNA SAY TO THE PUBLIC ON BEHALF OF THE COUNCIL AND THE CITY OF AUSTIN, THAT THE CITY OF AUSTIN HAS JOINED A COALITION OF 17 CITIES, UH, THAT ARE SERVED BY TEXAS GAS SERVICE, UH, TO INTERVENE IN THE TEXAS GAS SERVICE RATE CASE THAT'S CURRENTLY BEFORE THE TEXAS RAILROAD COMMISSION. THE COALITION OF THOSE 17 TEXAS CITIES, UH, ARE, ARE REPRESENTED BY LEGAL COUNSEL AND BY RATE EXPERTS THERE TO EVALUATE THE RATE FILING AND REPRESENT THE CITY, THE CITY OF AUSTIN, IN MATTERS RELATED TO THAT APPLICATION. TODAY'S PUBLIC HEARING, WHICH IS A NEW PART OF THE RATE CASE PROCESS, PROVIDES THE PUBLIC WITH AN OPPORTUNITY TO PROVIDE FEEDBACK TO THE COUNCIL ON THE PROPOSED RATES AND ALLOWS THAT TO HAPPEN EARLIER IN THE PROCESS THAN WHAT WE USED TO SEE IN PRIOR RATE CASES. THE TESTIMONY THAT THAT WE RECEIVE TODAY WILL OF COURSE BE SHARED WITH OUR OUTSIDE COUNSEL AND WITH THE COALITION'S CONSULTANTS, AND IT WILL BE USED IN THE RATE CASE. IT MAY BE USED IN NEGOTIATIONS BETWEEN THE COALITION'S COUNSEL AND THE GAS COMPANY. [05:45:01] UH, BUT IT WILL BE UTILIZED AND, AND TAKEN UNDER ADVISEMENT. THE NEXT STEP AFTER WE HOLD THIS PUBLIC HEARING WILL BE THAT THE COALITION'S OUTSIDE COUNSEL WILL ENGAGE IN DISCUSSIONS AND NEGOTIATIONS TO ADJUST THE RATE CASE. IF A SETTLEMENT, UH, WERE TO BE REACHED UNDER THOSE CIRCUMSTANCES, WHICH IS I MIGHT POINT OUT TYPICALLY A REDUCTION, UH, FROM THE INITIAL PROPOSED RATE, THE COALITION'S CONSULTANT WILL MAKE RECOMMENDATION TO THE COUNCIL. UH, MAY MAKE A RECOMMENDATION THAT THE COUNCIL SETTLE THE CASE, BUT IN ANY EVENT, THE ISSUE WILL COME BACK TO THE COUNCIL FOR ANOTHER PUBLIC HEARING AND THEN ACTION, UH, IF APPROPRIATE. SO, I, I WANNA MAKE SURE THAT THE PUBLIC UNDERSTANDS WHERE WE ARE IN THIS, UH, BECAUSE WE STARTED RECEIVING EMAILS AND I, I I I, I WANNA MAKE SURE THERE'S CLEAR UNDERSTANDING. UM, WITH THAT, I'LL, WITHOUT OBJECTION, I'LL OPEN THE PUBLIC HEARING ON ITEM NUMBER 1 68 AND REC RECOGNIZED STAFF. GOOD AFTERNOON, MAYOR AND COUNSEL. I'M DIANA THOMAS, DEPUTY CHIEF FINANCIAL OFFICER. THE PUBLIC HEARING, UH, THAT YOU JUST OPENED. AND THANK YOU MAYOR FOR THAT INFORMATION. THAT SAVES ME A LOT OF TIME. IN A LOT OF WORDS. GOOD THE PUBLIC HEARING TO IS TO ALLOW RATE PAYERS TO PROVIDE TESTIMONY REGARDING TEXAS GAS SERVICES STATEMENT OF INCENT OF INTENT TO INCREASE RATES THAT IT FILED WITH THE CITY OF AUSTIN ON JUNE 3RD. TEXAS GAS SERVICE PROPOSES TO INCREASE ITS CUSTOMER GAS RATES BY 25.8 MILLION, WHICH IS AN INCREASE OF 9.83%, INCLUDING GAS COSTS ARE 15.59%, EXCLUDING GAS COSTS. ON JULY 18TH, COUNCIL APPROVED AN ORDINANCE SUSPENDING TEXAS GAS SERVICES PROPOSED, PROPOSED EFFECTIVE DATE FOR ITS RATE INCREASE BY MAXIMUM PERIOD PERMITTED BY LAW TO OCTOBER 30TH, 2024, UH, UNDER THE GAS UTILITY REGULATORY ACT. THE CITY HAS ORIGINAL JURISDICTION OVER GAS UTILITY RATES FOR CUSTOMERS WITHIN ITS CITY LIMITS, AND MUST ACT ON THE PROPOSED INCREASE PRIOR TO THAT EFFECTIVE DATE. STAFF WILL COME BACK TO COUNCIL AT YOUR OCTOBER 10TH MEETING WITH A STAFF RECOMMENDATION BASED ON INFORMATION WE GATHERED TODAY, AND BASED ON NEGOTIATIONS BETWEEN TEXAS GAS SERVICE AND THE COALITION OF CITIES, UH, REPRESENTATIVES, REPRESENTATIVES FROM TEXAS GAS SERVICE ARE HERE AND WOULD LIKE TO SPEAK. YES. UM, THANK YOU VERY MUCH. ANYBODY HAVE QUESTIONS OF STAFF AT THIS POINT? THANK YOU. UM, AND I WILL RECOGNIZE, UH, TEXAS GAS SERVICE AND, UH, YOU HAVE FIVE MINUTES. GOOD AFTERNOON, MAYOR AND COUNCIL MEMBERS, AND ON BEHALF OF TEXAS GAS SERVICE, WE THANK YOU FOR THE OPPORTUNITY TO APPEAR BEFORE YOU. MY NAME'S STACY MCTAGGART, AND I'M THE DIRECTOR OF RATES AND REGULATORY FOR TEXAS GAS SERVICE. AND I'M GONNA BRIEFLY REVIEW A FEW HIGHLIGHTS FROM OUR FILING, AND ALSO WITH ME THIS AFTERNOON IS JUDY HITCH, OUR RATES AND REGULATORY COUNCIL, WHO, A LITTLE BIT LATER WE'LL TALK A LITTLE ABOUT THE REGULATORY PROCESS. TEXAS GAS SERVICE PROUDLY SERVES ABOUT 275,000 CUSTOMERS IN THE AUSTIN METRO AREA. OUR RATES ARE SET THROUGH A RIGOROUS REVIEW PROCESS CONDUCTED BY THE CITIES WE SERVE, AND BY THE RAILROAD COMMISSION OF TEXAS, MAKING SURE THAT ANY ADJUSTMENTS ARE JUST AND REASONABLE AND NECESSARY TO COVER THE COSTS OF PROVIDING SAFE AND RELIABLE SERVICE. TGS CUSTOMERS KNOW THAT THEY CAN RELY ON US FOR SAFE AND RELIABLE NATURAL GAS SERVICE IN STORMS, IN COLD WEATHER, IN ICE, EVEN IN SUMMER. FOR THOSE WHO HAVE CHOSEN TO INSTALL NATURAL GAS GENERATORS AS A BACKUP TO THE GRID, THAT SAFETY AND RELIABILITY IS NOT BY LUCK OR BY CHANCE. IT REQUIRES DEDICATED EMPLOYEES AND A RIGOROUS, ONGOING PROGRAM OF INFRASTRUCTURE REPLACEMENT BASED ON IN-DEPTH ENGINEERING ANALYSES AND COMPLIANCE WITH STATE AND FEDERAL SAFETY REQUIREMENTS. A BIG PORTION OF OUR REQUESTED INCREASE IS BASED ON THAT ANNUAL PLANT INVESTMENT THAT KEEPS OUR SYSTEM SAFE AND RELIABLE. IN ADDITION TO OUR COMMITMENT TO SAFETY AND SYSTEM INTEGRITY, WE'RE ALSO COMMITTED TO SERVING NEW CUSTOMERS WHO CHOOSE NATURAL GAS FOR THEIR ENERGY NEEDS. AND AS ALL YOU ARE AWARE, UH, CITY OF AUSTIN CONTINUES TO EXPERIENCE A LOT OF GROWTH. TGS WORKS WITH OUR NEW CUSTOMERS TO STRUCTURE NEW INSTALLATION PROJECTS IN A WAY THAT SAFEGUARDS OUR EXISTING CUSTOMERS RATES. WE CALCULATE THE IMPACT OF THE GROWTH INVESTMENT ON RATES, AND WE ENSURE THAT THE REVENUES FROM THE NEW CUSTOMERS WILL COVER THOSE COSTS. IF THE NEW CUSTOMER REVENUE DOESN'T COVER THE COST, THE CUSTOMER OR THE DEVELOPER MUST CONTRIBUTE THE DIFFERENCE. ONE ASPECT OF RATE FILING IS DEVELOPING AND REVIEWING A RATE DESIGN THAT APPROPRIATELY ASSIGNS RATES TO CUSTOMER CLASSES BASED ON THE COST OF PROVIDING [05:50:01] SERVICE TO THOSE CLASSES. AS IS COMMON IN THE UTILITY LANDSCAPE, OUR COMMERCIAL CUSTOMERS RATES TEND TO BE A BIT HIGHER THAN THE COST TO SERVE THEM, AND THAT ALLOWS RESIDENTIAL CUSTOMER RATES TO BE A BIT LOWER THAN THE COST TO SERVE THEM. IN THIS CASE, WE HAVE PROPOSED A PARTIAL ADJUSTMENT TO THAT TO BETTER ALIGN THE RATES WITH THE COSTS TGS SHARES THE CITY'S CONCERN FOR CUSTOMERS THAT ARE LOW INCOME OR USE A SMALL AMOUNT OF NATURAL GAS, THOSE TWO GROUPS ARE NOT NECESSARILY THE SAME. A LOT OF TIMES LOW INCOME CUSTOMERS LIVE IN OLDER HOMES OR HAVE OLDER APPLIANCES THAT USE MORE GAS. OUR PROPOSED RATE DESIGN HAS A SMALL RATE AND LARGE RATE OPTION, SO CUSTOMERS CAN CHOOSE THE RATE DESIGN THAT BEST FITS THEIR NEEDS. SO THE SMALLER DESIGN HAS A, A, A LOW CUSTOMER CHARGE AND A HIGHER USAGE RATE. AND THEN THE LARGER DESIGN HAS A HIGHER FIXED CUSTOMER CHARGE AND A LOWER USAGE RATE. EITHER WAY, THE CUSTOMER HAS A CHOICE IN HOW THEY PAY FOR THEIR NATURAL GAS SERVICE. ALTHOUGH TEXAS GAS SERVICE DOES NOT HAVE PUBLICLY FUNDED LOW INCOME PROGRAM, SIMILAR TO THOSE OFFERED BY AUSTIN WATER AND AUSTIN ENERGY, THE COMPANY DOES PROVIDE A PRIVATE CONTRIBUTION OF UP TO A HUNDRED THOUSAND DOLLARS ANNUALLY TO THE AREA'S SHARE THE WARMTH PROGRAM. AND WE ENCOURAGE CUSTOMERS IN NEED TO APPLY WITH OUR COMMUNITY PARTNERS. IN THE LAST FEW YEARS, OUR PARTICIPATING CHARITIES HAVE REPORTED AMOUNTS REMAINING AT THE END OF THE PROGRAM YEAR. SO WE FEEL CONFIDENT THAT THE CURRENT FUNDING IS AT THE RIGHT LEVEL. WE'RE COMMITTED TO SUPPORTING OUR LOW-INCOME CUSTOMERS AND PROMOTING CONSERVATION PROGRAMS LIKE SHARE THE WARMTH, HELP WITH UTILITY BILLS AND OUR ENERGY EFFICIENCY PROGRAM AIDS IN WEATHERIZATION AND APPLIANCE UPDATES. THESE INITIATIVES KEEP BILLS MANAGEABLE AND ENCOURAGE ENERGY CONSERVATION. FINALLY, TGSS HEARD REQUESTS FROM MEMBERS OF THIS COUNCIL AND FROM CITY RESIDENTS FOR A RENEWABLE ENERGY PROGRAM. WE ARE ACTIVELY WORKING TO IDENTIFY AND BRING ONLINE VIABLE RENEWABLE NATURAL GAS PROJECTS TO SERVE OUR TEXAS COMMUNITIES. IN THIS FILING, IN RESPONSE TO YOUR REQUEST, WE HAVE PROPOSED A VOLUNTARY PROGRAM THAT WILL ALLOW CUSTOMERS TO CHOOSE TO OFFSET A PORTION OF THEIR NATURAL GAS USAGE WITH RENEWABLE NATURAL GAS CREDITS. THOSE ARE THE HIGHLIGHTS I HAVE FOR YOU OF OUR FILING AT THIS TIME. AND, UH, OUR COUNSEL, JUDY HEIGHT, WILL TALK TO YOU AT THE END OF THE HEARING. THANK YOU. THANK YOU. COUNCILMAN RYAN. ALTER, WHAT IS THE, THE APPROPRIATE TIME TO ASK QUESTIONS OF TEXAS GAS SERVICE NOW OR AT THE END, WHAT WOULD YOU, WELL, I GUESS IT'S UP TO YOU. WE WE'RE GONNA HEAR NEXT WE'RE GONNA HEAR FROM SPEAKERS, AND THEN WE'LL HAVE AN OPPORTUNITY IF YOU WANT TO AT THE END AFTER WE'VE HEARD THE SPEAKER, I CAN WAIT. GOOD DEAL. THANK YOU, MADAM CLERK, IF YOU'LL START CALLING FOLKS, WE WOULD APPRECIATE IT. FIRST SPEAKER IS PAUL ROBBINS. HE HAD THREE MINUTES DONATED BY ROY WHALEY, WHO IS STILL HERE. SO MR. ROBBINS GETS SIX MINUTES. COUNSEL, UM, I'M HERE TO SPEAK AGAINST THE TEXAS GAS SERVICE RATE INCREASE. UH, THE LATEST PROPOSED INCREASE COMPOUNDS ALREADY ENORMOUS INCREASES TO THE POINT WHERE RATES WILL HAVE MORE THAN DOUBLED FROM 2019. THIS IS A 105% INCREASE. THIS IS A $306 INCREASE IN BILLS FOR THE AVERAGE RESIDENTIAL CUSTOMER. IT IS A COLLECTIVE $67 MILLION INCREASE A YEAR FOR RESIDENTIAL CUSTOMERS IN THE CITY OF AUSTIN. UH, UH, NOW I WILL RECOMMEND SOME THINGS TO REDUCE THESE RATES, BUT I WANNA STEP BACK FOR A MINUTE AND ASK TWO ENTIRELY DIFFERENT QUESTIONS. COUNSEL SAN ANTONIO AND CORPUS CHRISTI HAVE MUNICIPAL GAS UTILITIES, AND THEIR RATES ARE LESS THAN HALF OF WHAT AUSTIN'S, UH, RATE. THE LESS THAN HALF OF THE PROPOSED GAS HIKE AND THE RATES, UH, THAT, THAT THIS PROPOSED GAS HIKE PLUS THE ONES THAT HAVE OCCURRED BETWEEN 2019 AND 2024 HAVE CAUSED. UH, WILL YOU VOTE FOR A MOTION TO STUDY MUNICIPALIZATION OF TEXAS GAS SERVICE IN AUSTIN? COUNSEL, TEXAS GAS SERVICES FRANCHISE, ITS LICENSE TO OPERATE AND PROFIT IN AUSTIN [05:55:01] EXPIRES IN 2026. WILL YOU VOTE FOR A RESOLUTION TO BID OUT THE FRANCHISE TO OTHER GAS COMPANIES? MORE CONDUCIVE TO AUSTIN'S VALUES? VALUES LIKE AFFORDABLE RATES, VALUES LIKE RATE RELIEF FOR THE POOR, VALUES LIKE REAL CONSERVATION PROGRAMS, NOT THE GLORIFIED MARKETING PROGRAMS THAT ARE CURRENTLY BEING PROMOTED. CIRCLING BACK TO THE RATE INCREASE ITSELF, TEXAS GAS SERVICES CAPITAL EXPENDITURES HAVE INCREASED BY 63% IN ONLY A FOUR YEAR PERIOD. THIS INCREASE WAS NOT APPROVED BY THE COUNCIL. IF ANY CITY DEPARTMENT, IF ANY CITY UTILITY HAD AN INCREASE THIS HIGH IN SUCH A SHORT PERIOD OF TIME, IT WOULD BE A HUGE ISSUE. AND PROBABLY FRONT PAGE NEWS. WHY THIS DOUBLE STANDARD WHERE CITY DEPARTMENTS GET SCRUTINY, BUT TEXAS GAS SERVICE GETS OVERLOOKED, GETS A FREE RIDE. WE NEED A COMPREHENSIVE AUDIT TO FIND OUT HOW MUCH OF THIS 63% CAPITAL INCREASE WAS REALLY NEEDED. OR IF THESE EXPENDITURES ARE GOLD PLATING TO MAKE MORE MONEY. IN ADDITION TO THIS, THERE IS THE RATE OF RETURN ITSELF THE GAS COMPANY WANTS TO INCREASE. ITS ALREADY EXCESSIVE RETURN ON EQUITY, WHICH LAYERS ON TOP OF WHAT IS PROBABLY EXCESSIVE, EXCESSIVE CAPITAL SPENDING. THIS IS YET ANOTHER REASON TO INVESTIGATE MUNICIPALIZATION, AND THERE IS A MATTER OF WHO PAYS FOR THE EXCESSIVE CAPITAL COSTS AND THE EXCESSIVE EXCESSIVE RETURN ON EQUITY. AUSTIN'S MUNICIPAL UTILITIES, AUSTIN ENERGY, AND AUSTIN WATER RECLAIM 100% OF EXTENSION COSTS FOR NEW DEVELOPMENTS WITH CAPITAL RECOVERY FEES. INFORMATION FROM THE LAST TEXAS GAS SERVICE RATE CASE IN 2020 SHOWED TEXAS GAS SERVICE RECLAIMED ONLY ABOUT 10% OF ITS EXTENSION COSTS FROM NEW CUSTOMERS. WHEN, UH, AUSTIN, UH, LEVIED 100% CAPITAL RECOVERY FEES, THE ELECTRIC AND WATER UTILITIES HAD RATE DECREASES. APPLYING THIS TO THE GAS UTILITY COMPANY WOULD SURELY HAVE A BENEFIT OF LOWERING RATES AS WELL. THE COMPANY WANTS TO INCREASE RATES FOR RESIDENTIAL CUSTOMERS WHILE LOWERING THEM FOR INDUSTRIAL AND COMMERCIAL CUSTOMERS, WHICH I AM ALSO CHALLENGING. THIS SHOWS TONE DEAFNESS TO EVERYDAY PEOPLE JUST TRYING TO MAKE ENDS MEET. ANOTHER THING TO CONSIDER IS THE RATE INCREASE. THE RATE STRUCTURE ITSELF. BOTH AUSTIN ENERGY AND AUSTIN WATER HAVE PROGRESSIVE RATES. THE MORE YOU USE, THE MORE YOU PAY PER UNIT. PROGRESSIVE RATES BOTH INCENTIVIZE CONSERVATION AND ASSIST LOW INCOME RATE PAYERS WHO GENERALLY USE LOWER AMOUNTS OF ENERGY AND WATER. UH, THIS KIND OF RELATIONSHIP BETWEEN INCOME AND CONSUMPTION HAS BEEN DOCUMENTED IN MORE STUDIES THAN, UH, YOU WANT TO HEAR ABOUT RIGHT NOW. , THE GAS COMPANY, HOWEVER, HAS REGRESSIVE RATES THAT REWARD INCREASED CONSUMPTION. I SERVE AS VICE CHAIR OF THE RESOURCE MANAGEMENT COMMISSION. AT OUR LAST MEETING, WE VOTED SEVEN TO ONE TO SUPPORT PROGRESSIVE RATES FOR TEXAS GAS SERVICE. THIS NEW RESIDENTIAL RATE STRUCTURE WOULD CUT THE MONTHLY SERVICE CHARGE IN HALF, HAVE THREE TIERS, CHARGING PROGRESSIVELY HIGHER RATES WITH EACH TIER AND DO AWAY WITH THE PRICE GOUGING TWO RATE PROPOSAL THAT WAS RECENTLY PROPOSED. MY TIME IS EXPIRED. I APPRECIATE YOUR ATTENTION. THANK YOU, SIR. NEXT WE HAVE AL BRADEN. GREG NASER, WHEN YOUR NAME'S BEEN CALLED, PLEASE COME FORWARD MR. NASER, IF YOU'RE HERE, PLEASE COME FORWARD THERE. YOU'RE GOOD. YOU'RE ALREADY THERE. UH, GOOD MORNING MAYOR WATSON, COUNCIL MEMBERS, I'M SORRY. UH, CITY MANAGER PRO NEXT AFTERNOON. GOOD AFTERNOON TO YOU. I'M AL BRADEN. A, UH, DISTRICT SEVEN VOTER AND TEXAS GAS, UH, CUSTOMER. IT CAN SOMETIMES TAKE A BE WORTH A A WHOLE DAY TO SPEND TWO MINUTES , I OPPOSE TEXAS GAS RATE INCREASE, WHICH WILL RAISE RESIDENTIAL RATES OVER 20%, OVER A HUNDRED PERCENT IN THE PAST FIVE [06:00:01] YEARS, WHILE REDUCING COMMERCIAL AND INDUSTRIAL RATES SIGNIFICANTLY. WE NEED A PROGRESSIVE RATE STRUCTURE LIKE AUSTIN ENERGY AND AUSTIN WATER, PROVIDING LOW COST TO FAMILIES AND INCREASING RATES FOR LARGER USERS. HIGH CONNECTION FEES AND LAR LACK OF PROGRESSIVE RATES DISCOURAGES CONSERVATION, BUT THERE'S A MUCH LARGER ISSUE FOR COUNCIL. THIS HEARING IS THE FIRST PUBLIC OPPORTUNITY TO CHALLENGE THE RATE CASE ALREADY IN PROGRESS. THAT WILL FINISH AT THE RAILROAD COMMISSION. THE BIGGER ISSUE IS THAT MATTERS REGARDING THE TEXAS GAS JUST FLY UNDER THE RADAR, AND THEY KIND OF LIKE IT THAT WAY. BUT ONE SENTENCE NOTICE AS ITEM 1 68 IN A PAC 2 21 ITEM AGENDA HARDLY CONSTITUTES PUBLIC ENGAGEMENT. TODAY'S BRIEF PUBLIC HEARING IS PRECISELY THE PROOF OF THE NEED FOR BROAD, CONTINUOUS AND ENGAGED PUBLIC AND COUNCIL ATTENTION. WE, THE PUBLIC AND YOU THE COUNCIL, NEED TO REVIEW AND AMEND RATES AND RATE STRUCTURES BEFORE THEY GET SPRUNG ON US. IN A MULTIM MUNICIPALITY COMBINED RATE CASE, WE NEED THE UTILITY TO MEASURE AND REMEDIATE METHANE LEAKS THAT CONTRIBUTE LARGELY TO CLIMATE CHANGE. WE NEED TO HAVE ALL OUR DUCKS IN A ROW WELL BEFORE AUSTIN RENEGOTIATES A FRANCHISE AGREEMENT IN 2026. WE SHOULD START BY EXPANDING THE BYLAWS OF THE RESOURCE MANAGEMENT COMMISSION AS THEY HAVE REQUESTED TO STUDY ALL OF THESE ISSUES ON A REGULAR AND CONTINUOUS BASIS TO BE THE FORUM FOR THE PUBLIC AND TO BE THE EYES AND EARS FOR COUNCIL. PLEASE CHALLENGE THIS NEW RATE STRUCTURE AS THE RMC RECOMMENDS EMPOWER THEM WITH AMENDED BYLAWS TO ADVISE YOU ON WAYS OF BRINGING THE GAS UTILITY IN LINE WITH AUSTIN'S ENVIRONMENTAL AND EQUITY ISSUES. I THANK YOU ALL VERY MUCH FOR YOUR ATTENTION. THANK YOU. WE HAVE CRAIG NASER WITH RAPHAEL SCHWARTZ, CARMEN YANA, AND MONICA GUZMAN DECK. HELLO, CRAIG NASER, UH, CONSERVATION CHAIR, LONE STAR CHAPTER SIERRA CLUB. I UNDERSTAND THE DESIRE NOT TO GO DOWN THE RABBIT HOLE OF ISSUES INVOLVING THE RAILROAD COMMISSION, WHOSE CHAIR DENIES CLIMATE CHANGE AND ARE NOT LIKELY TO RESULT IN A POSITIVE OUTCOME. OF COURSE, IF I FOLLOW THAT ADVICE, I WOULD NOT BE HERE TODAY. NONE OF US CAN PREDICT THE FUTURE, SO I'M GLAD TO HEAR THE CITY IS FIGHTING THIS. THE FIRST REASON TO OPPOSE THIS, OF COURSE, IS EQUITY. I QUESTION THE FINANCIAL NEED FOR THIS INCREASE. GAS PRODUCTION IN TEXAS IS AT AN ALL TIME HIGH AND MILLIONS OF CUBIC FEET ARE LITERALLY BURNED OFF EVERY YEAR IN WEST TEXAS. IN AUSTIN, TEXAS. GAS SERVICE FUNCTIONS AS A MONOPOLY. THE RATE STRUCTURE IS PARTICULARLY HEINOUS SINCE IT INCENTIVIZES USING MORE GAS AND DE INCENTIVIZES BETTER GAS CONSERVATION MEASURES. MEANWHILE, SACKING THE LOWEST GAS USERS WITH THE HIGHEST GAS RATES. THE TEXAS GAS SERVICE OWNS THE PIPES. WHAT IS THE AMOUNT OF GAS THAT LEAKS FROM THAT VERY EXTENSIVE INFRASTRUCTURE? TEXAS GAS SERVICE TRACKS THAT NUMBER. THE CITY SHOULD REQUEST THAT INFORMATION AND RESPOND ACCORDINGLY. THAT IS AN IMPORTANT PIECE OF INFORMATION. METHANE TRAPS ABOUT 80 TIMES MORE HEAT THAN CARBON DIOXIDE. IT'S RESPONSIBLE FOR 20 TO 30% OF CLIMATE WARMING SINCE THE START OF THE INDUSTRIAL AGE. WHEN ATMOSPHERE METHANE WAS AT A CONCENTRATION OF ABOUT 0.7 PARTS PER MILLION. WE EXPERIENCED A HUGE SURGE IN METHANE EMISSIONS IN THE EARLY 22 THOUSANDS. THE AMOUNT OF METHANE IN THE ATMOSPHERE REACHED 1.9 PARTS PER MILLION IN 2023, WHICH IS NEARLY THREE TIMES THE PRE-INDUSTRIAL LEVEL. IRONICALLY, THE INCREASE IN HUMIDITY IN THE ATMOSPHERE SLOWS DOWN THE DECAY OF METHANE AND WARMING ECOSYSTEMS RELEASE EVEN MORE METHANE INTO THE ATMOSPHERE. THIS HAS RESULTED IN AN ENORMOUS AND RAPIDLY GROWING CLIMATE CHANGE AND METHANE PROBLEM. IN FACT, THE QUICKEST WAY TO SLOW DOWN CLIMATE CHANGE IN THE IMMEDIATE FUTURE IS TO SLOW DOWN HUMAN METHANE EMISSIONS. THE CITY COUNCIL HAS ASKED CITIZENS TO COME UP WITH IDEAS TO REDUCE CLIMATE CHANGE. CHALLENGING THIS RATE CASE OFFERS YOU JUST SUCH AN OPPORTUNITY. I ASK THAT YOU TAKE ADVANTAGE OF THAT OPPORTUNITY AND NOT DISMISS IT DUE TO A SENSE OF POWERLESSNESS. IT LOOKS LIKE YOU'RE DOING THAT. SO I, I SUPPORT THAT IF WE CARE ABOUT OUR CHILDREN, IT SEEMS TO ME THAT THE LOGICAL REACTION TO THE CURRENT LEVEL OF DAMAGE NOW BEING DONE, UH, TO THE EARTH BY CLIMATE CHANGE IS FOR AS ALL OF US TO BECOME ACTIVISTS. THANK YOU VERY MUCH. THANK YOU. PLEASE FEEL FREE TO COME FORWARD. IF YOUR NAME WAS CALLED, JUST IDENTIFY YOURSELF, PLEASE. MY [06:05:01] NAME'S RAFAEL SCHWARTZ. UH, FIRST OF ALL, THANK YOU FOR THE OPPORTUNITY TO SPEAK. I'M A SIERRA CLUB MEMBER AND ELECTRICAL ENGINEER THAT LIVES IN SOUTH AUSTIN, UM, HERE TODAY TO BRING YOUR ATTENTION TO THE LEGITIMATELY ASTRONOMICAL RATE INCREASES THAT TEXAS GAS SERVICE IS PROPOSING IN THIS RATE CASE AND HAS, UH, GOTTEN AWAY WITH OVER THE LAST FIVE YEARS. IF THE COMPANY GETS ITS PROPOSED RATE INCREASE, ITS RESIDENTIAL RATES WILL HAVE RISEN 105% IN FIVE YEARS. SO THEY WILL HAVE LITERALLY DOUBLED IN A HANDFUL OF YEARS. FOR A LOCAL COMPARISON. SAN ANTONIO'S UTILITY RATES ROSE 7% IN THE LAST 10 YEARS, SO THAT'S SEVEN VERSUS 105. UH, WHAT'S EQUALLY WORRYING IS THE UNNECESSARY BURDEN THAT THIS IS PUTTING ON LOW INCOME AUSTINITES VIA THE EXTREMELY REGRESSIVE RATE STRUCTURE BEING PROPOSED. LOW INCOME UTILITY CUSTOMERS USE FAR LESS ENERGY ON AVERAGE, MAINLY DUE TO SMALLER LIVING SPACES. AUSTIN ENERGY AND AUSTIN WATER HAVE PROGRESSIVE RATE STRUCTURE. WHAT TEXAS GAS SERVICE IS PROPOSING IS THE POLAR OPPOSITE OF THIS, WHICH IS TO CHARGE LOWER INCOME, LOWER USAGE USERS, MUCH HIGHER RATES, AND GIVE MUCH CHEAPER RATES TO HIGHER ENERGY USERS. OF COURSE, THIS IS COMPLETELY THE OPPOSITE, UH, TO THE CITY'S VALUES BECAUSE IT REDUCES CONSERVATION BY A LOT AND ALSO CHARGES LOWER INCOME HOUSEHOLDS A LOT MORE. UH, SAN ANTONIO, AS A COUPLE FOLKS MENTIONED PREVIOUSLY, CHOSE A DIFFERENT PATH WITH A MUNICIPAL GAS UTILITY. THE AVERAGE GAS BILL THERE IS LESS THAN HALF OF AUSTIN'S IF YOU CAN LET THAT SINK IN. IF THE AVERAGE AUSTIN I LIVED IN SAN ANTONIO, ALL OF US WOULD SAVE $300 A YEAR JUST ON OUR GAS BILL. THE SITUATION IS WORSE THAN THAT FOR LOW-INCOME RESIDENTS. THERE'S A LOT THAT SHOULD BE IMPROVED HERE. BUT FIRST I WANNA ASK, UH, TO PLEASE CONSIDER DIRECTING THE CITY TO FOLLOW THE RESOURCE MANAGEMENT COMMISSION'S RECOMMENDATION OF IMPLEMENTING A PROGRESSIVE RATE STRUCTURE BY REDUCING THE BASE RATE TO 25% OF AN AVERAGE BILL, WHICH IS IN LINE WITH OTHER CITY UTILITIES AND WOULD REDUCE THE BASE RATE BY HALF OF WHAT IT IS TODAY. THE CITY CAN AND SHOULD FIGHT FOR THIS AND OTHER CHANGES IN THE RATE. THANK YOU FOR YOUR TIME. THANK YOU. GOOD AFTERNOON, MARION COUNCIL. I'M MONICA GOSMAN, POLICY DIRECTOR AT GAVA. GO AUSTIN. WE'RE OPPOSED TO ITEM 1 68, THE TEXAS GAS SERVICE PROPOSED RATE INCREASE. THE TEXAS GAS SERVICE RATE STRUCTURE HURTS LOW INCOME AND WORKING CLASS RESIDENTS AND DISCOURAGES CONSERVATION. LOW INCOME UTILITY CUSTOMERS USE LESS ENERGY THAN AVERAGE BECAUSE THEY HAVE LESS DISPOSABLE INCOME. BOTH AUSTIN ENERGY AND AUSTIN WATER HAVE PROGRESSIVE RATE STRUCTURES THAT CHARGE MORE PER UNIT FOR HIGHER CONSUMPTION WHILE REWARDING LOWER CONSUMPTION WITH LOWER COST PER UNIT. THIS HELPS LOW INCOME CUSTOMERS ENCOURAGES CONSERVATION. HOWEVER, TEXAS GAS SERVICE HAS REGRESSIVE RATES THAT DO THE OPPOSITE. THERE IS NO RATE RELIEF FOR LOW INCOME CUSTOMERS. TEXAS GAS SERVICE DOESN'T HAVE ONE. AUSTIN ENERGY AND AUSTIN WATER COLLECTIVELY SPEND AT LEAST 22 MILLION A YEAR ON DISCOUNTS TO LOW INCOME CUSTOMERS. WHILE TGS SPENDS ABOUT 100,000 ON, UH, EMERGENCY ASSISTANCE ONLY. AND THIS IS FOR A REGION THAT EXTENDS ALL THE WAY TO PORT ARTHUR, TEXAS. ALL CUSTOMERS ARE REQUIRED TO BE NOTIFIED BY TEXAS GAS UTILITIES ABOUT PROPOSED RATE INCREASES. THE PUBLIC NOTICE MAY MAILED BY TGS WAS INACCURATE AND LATE. IT USED ARBITRARY CONSUMPTION LEVELS TO ESTIMATE BILL INCREASES RATHER THAN SYSTEM AVERAGES. IT DID NOT EXPLAIN ITS NEW RATES TO CUSTOMERS. IT NEGLECTED TO INFORM CUSTOMERS ABOUT TAXES AND FEES THAT INCREASE THE RATES EVEN FURTHER. AND ITS NEAR TERM DEADLINE FOR CUSTOMERS TO FILE A RATE. PROTEST WAS ONLY FOUR DAYS AFTER THE LAST MAIL LITTERS MIGHT HAVE ARRIVED MAKING A PROTEST IMPRACTICAL FOR MANY HOUSEHOLDS. THE AUSTIN CITY COUNCIL IS CHARGED WITH REGULATING THE COMPANY. WE URGE YOU TO OPPOSE, EXCUSE ME, OPPOSE THE PROPOSED RATE INCREASE. THANK YOU. THANK YOU. WE HAVE CARMEN YEZ AND LUKE METZKER LEFT. CARMEN JANNIS. SHE'S NOT HERE. OKAY. UH, GOOD AFTERNOON MAYOR AND COUNCIL MEMBERS, CITY MANAGER. MY NAME'S LUKE METZKER. I'M THE EXECUTIVE DIRECTOR OF ENVIRONMENT TEXAS. WE'RE A NONPROFIT ADVOCATE FOR CLEAN AIR AND WATER PARKS AND WILDLIFE AND A LIVABLE CLIMATE. UM, WE ARE ALSO OPPOSED TO THE PROPOSED RATE HIKE. UM, ONE, JUST TWO KIND OF MAIN POINTS I WANTED TO MAKE TODAY. UH, FIRST, YOU KNOW, THANK YOU FOR ADVOCATING FOR A LOWER FIXED CHARGE FOR TEXAS GAS SERVICE CUSTOMERS. HIGH FIXED CHARGES BENEFIT HOUSEHOLDS THAT CONSUME HIGH AMOUNTS OF METHANE GAS AND PUNISH THOSE THAT CONSUME LOW AMOUNTS OF GAS. UH, THEY ALSO DISCOURAGE ENERGY EFFICIENCY AND CONSERVATION. THIS GETS IT EXACTLY WRONG. WHEN A CUSTOMER USES LESS ENERGY, WHETHER THROUGH ENERGY EFFICIENCY OR CONSERVATION, NOT ONLY DOES THAT CUSTOMER BENEFIT, SO DOES THE PUBLIC. ABOUT 10% [06:10:01] OF AUSTIN'S CARBON FOOTPRINT COMES FROM BURNING GAS FOR HOME HEATING. WHEN WE BURN LESS GAS, THAT MEANS LESS PLANET WARMING AND HEALTH HARMING POLLUTION. IT ALSO MEANS A LESS EXPENSIVE UTILITY OVERALL AS UTILITIES ARE BUILT AND MAINTAINED TO MEET THE DEMAND OF THEIR CUSTOMERS. IF WE ALL USE LESS ENERGY, THE GAS UTILITY IS LESS COSTLY TO BUILD AND MAINTAIN. IF A CUSTOMER IS ALREADY PAYING 30 TO $50 BEFORE EVEN USING A THER OF GAS, THE ECONOMICS OF INVESTING IN WHOLE HOME ENERGY EFFICIENCY OR A MORE EFFICIENT FURNACE GET WORSE WITH LESS OF YOUR BILL DETERMINED BY YOUR USAGE, YOU HAVE LESS OPPORTUNITY TO SAVE. THE PAYBACK PERIOD FOR THOSE INVESTMENTS CAN BE PUSHED BACK FOR YEARS. UH, FOR EXAMPLE, I GOT A HEAT PUMP WATER HEATER TWO YEARS AGO. MY GAS USAGE DROPPED 70% AS A RESULT, BUT BECAUSE OF THE FIXED CHARGE, MY ACTUAL BILL BARELY CHANGED. TEXAS GAS SERVICE HAS PROPOSED A $25 AND 50 CENTS FIXED CHARGE FOR SOME CUSTOMERS. $39 FOR OTHERS, BOTH ARE TOO HIGH. UH, WHILE I WOULD LIKE TO SEE AN EVEN LOWER FIXED CHARGE, THE $16 FIXED CHARGE SUPPORTED BY AUSTIN AND OTHER CITIES SERVED BY TEXAS GAS SERVICE IS MUCH MORE REASONABLE AND BETTER ALIGNS WITH OUR CITY'S CLIMATE GOALS. UH, SECOND AUSTIN AND THE CITY SERVED BY TEXAS GAS SERVICE SHOULD OPPOSE RATHER THAN CONDITIONALLY SUPPORT THE TEXAS GAS SERVICE PROPOSAL TO PEDAL FALSE SOLUTIONS, UH, SUCH AS THE SO-CALLED RENEWABLE NATURAL GAS CREDITS. UM, LET'S BE CLEAR, THERE'S NOTHING RENEWABLE ABOUT BIOM METHANE. BIOM METHANE IS METHANE GAS, JUST LIKE THE GEOLOGIC METHANE THAT WE DRILL FOR WHEN IT, WHEN IT'S BURNED, IT HARMS OUR HEALTH AND WARMS OUR PLANET WHEN ALLOWED TO ESCAPE UNBURNED AS IT CERTAINLY WILL IF PUT IN GAS DISTRIBUTION SYSTEMS RIDDLED WITH GAS LEAKS, IT HAS AN EVEN GREATER NEGATIVE IMPACT ON OUR CLIMATE. IT CANNOT AND SHOULD NOT BE CONFUSED WITH TRULY RENEWABLE ENERGY RESOURCES LIKE WIND AND SOLAR. UM, LONG TERM WE NEED TO END OUR RELIANCE ON THE METHANE TO POWER OUR HOMES AND REPLACE IT WITH CLEAN RENEWABLE ENERGY. UH, WHILE I APPRECIATE THAT THE CITY SERVED BY TEXAS GAS SERVICE ARE OPPOSED, UH, UH, OPPOSING THE PARTICULARLY OBJECTIONABLE PROPOSAL BY A TEXAS GAS SERVICE TO POTENTIALLY FORCE EVEN CUSTOMERS WHO DO NOT OPT IN TO PAY FOR THIS GREENWASHING SCHEME, AUSTIN SHOULD NOT SUPPORT ANY PART OF TEXAS GAS SERVICES RENEWABLE NATURAL GAS CREDIT PROPOSAL. THANK YOU. THANK YOU. THAT CONCLUDES ALL SPEAKERS FOR ITEM 1 68. THANK YOU VERY MUCH. MEMBERS. THAT CONCLUDES ALL THE SPEAKERS. I'M GOING TO ASK, UH, TEXAS GAS SERVICE TO COME BACK UP BECAUSE I KNOW COUNCILOR HAS SOME QUESTIONS AND WE'LL DO THAT BEFORE WE CLOSE THE PUBLIC HEARING. THANK YOU MUCH. ACTUALLY, IF I COULD START WITH MS. THOMAS, JUST A COUPLE QUESTIONS ABOUT THE PROCESS FROM HERE GOING FORWARD. SO THE CITY IS ALONG WITH THE COALITION WILL NEGOTIATE WITH TEXAS GAS, COME TO WHATEVER AGREEMENT WE COME TO THAT WILL COME BACK TO THE COUNCIL IN OCTOBER, YOU SAID. IS THAT CORRECT? AT THAT POINT, IS IT CUSTOMARY OR TYPICAL THAT THEN THAT WILL BE APPEALED TO THE RAILROAD COMMISSION OR IS THAT USUALLY THE END OF THE CASE? SO LET ME CLARIFY. UH, THE COUNCIL HAS UNTIL OCTOBER 30TH TO TAKE ACTION ON WHETHER WE WOULD MOVE FORWARD WITH, ALLOW THE RATE CASE TO MOVE FORWARD OR WHETHER WE WOULD WANT TO DENY THE RATES. THAT'S WHAT WILL HAPPEN ON OCTOBER 10TH TO MAKE SURE THAT WE HAVE THAT TIME BEFORE THAT OCTOBER 30TH DEADLINE NEGOTIATIONS WILL CONTINUE UP TO THAT POINT AND THEN WE WOULD COME BACK TO THIS BODY ONCE WE HAVE A DECISION. WOULD THAT ON COME BACK BETWEEN OCTOBER 10TH AND OCTOBER 30TH OR BETWEEN OCTOBER 10TH AND SOME LATER DATE? POTENTIALLY. AND SO WE, WE DENIED THE RATES. WHAT HAPPENS THEN? IT GOES TO THE RAILROAD COMMISSION. THERE WOULD BE AN APPEAL TO THE RAILROAD COMMISSION AND THE RAILROAD COMMISSION WOULD MAKE THE DETERMINATION ON WHAT THE RATE SHOULD BE. AND IF WE ACCEPT THE RATES, THEN THAT'S IT. THAT WILL NOT GO TO THE RAILROAD COMMISSION, PRESUMABLY? YES. OKAY. I MEAN, I, I CAN'T, I MEAN, THE RAILROAD COMMISSION ULTIMATELY HAS THE DECISION, BUT IT WOULD BE HARD FOR ME TO IMAGINE A TIME WHEN THEY WOULD, WHEN WE WOULD COME TO THEM WHERE BOTH PARTIES AGREE AND THEY WOULD SAY, WE WANNA DO SOMETHING DIFFERENT. GOT IT. AND LAST TIME WE DID THIS, DID THE COUNCIL ACCEPT THE RATE OR SEND IT TO THE RAILROAD COMMISSION? DENY THE RAILROAD COMMISSION? DO YOU REMEMBER? I DON'T RECALL ON THE LAST TEXAS GAS, BUT I DO KNOW THAT AT ONE, THERE HAS BEEN AT LEAST ONE TIME WHEN THE CITY HAS DENIED AND IT'S GONE TO THE RAILROAD COMMISSION. AND SEPARATELY FROM THIS ISSUE, UH, MR. ROBBINS BROUGHT UP, WE WILL HAVE THE FRANCHISE ISSUE COME BEFORE THE COUNCIL IN TWO YEARS. IS THAT CORRECT? THAT'S CORRECT. SO AT THAT POINT, WE WILL DECIDE WHETHER OR NOT WE WILL ALLOW EITHER TEXAS GAS SERVICE OR A DIFFERENT GAS COMPANY TO PROVIDE GAS WITHIN THE CITY OF AUSTIN. I'M NOT CERTAIN OF THE ANSWER TO THAT QUESTION, SO I WOULD ASK IF WE COULD HAVE TIME TO DISCUSS THAT WITH LAW AND GET BACK WITH YOU. SURE. OKAY. VERY GOOD. [06:15:01] NOW AS IT RELATES TO THE, UH, PROPOSED RATE THEMSELVES, I I'LL, UH, DEFER TO THANK YOU TEXAS GAS SERVICE. I APPRECIATE THAT INFORMATION. THANK YOU. YES, SIR. SO, UH, I'M LOOKING AT YOUR PROPOSED RATE CHANGE AND I WAS HOPING YOU COULD EXPLAIN TO US WHY RESIDENTIAL RATES ARE GOING UP, COMMERCIAL INDUSTRIAL RATES ARE GOING DOWN. SURE. SO CURRENTLY, AS IS COMMON WITH UTILITIES, COMMERCIAL INDUSTRIAL CUSTOMERS, THEIR RATES ARE HIGHER THAN THE COST TO SERVE THEM. AND RESIDENTIAL CUSTOMERS RATES ARE LOWER THAN THE COST TO SERVE THEM. THERE'S SUBSIDIZATION OF RESIDENTIAL CUSTOMERS BUILT IN. AND SO OUR PROPOSAL RETAINS SOME OF THAT SUBSIDIZATION, BUT IT REDUCES COMMERCIAL RATES SLIGHTLY TO REDUCE THAT SUBSIDIZATION. UH, WE WANNA, WE, WE WOULD LIKE TO BRING RATES AND, UH, YOU KNOW, THE, THE COSTS INTO ALIGNMENT TO SEND, UH, CLEAR ECONOMIC SIGNALS TO THE COMMERCIAL SECTOR. IF, IF IT, IF IT WERE TOO OUT OF WHACK, THERE'S A CONCERN THAT IT WOULD BE DETRIMENTAL TO ECONOMIC DEVELOPMENT. AND WHEN YOU SAY SEND ECONOMIC SIGNALS TO THE COMMERCIAL SECTOR, WHAT YOU'RE SAYING IS BY LOWERING THE RATE, YOU WANNA MAKE SURE THAT AT LEAST AS MANY, IF NOT MORE COMMERCIAL PROVIDERS USE GAS. IS THAT NOT CORRECT? OR THAT THEY HAVE ACCURATE PRICING INFORMATION, COST AND PRICING INFORMATION TO MAKE THEIR DECISION. OKAY. UM, AT THE, AT THE TOP OF THIS, THERE IS A STATEMENT THAT WITH JUST WITHIN THIS REGION, IF THESE CHANGES GO INTO EFFECT, UH, THE REVENUES WILL INCREASE BY $25.8 MILLION. IS THAT A CORRECT STATEMENT? THAT'S, IS TEXAS GAS SERVICE HURTING FOR REVENUES? IS THERE A REASON WE THAT AMOUNT OF INCREASE NEEDS TO BE BORN ON RESIDENTIAL CUSTOMERS, ESPECIALLY TO BRING MORE DOLLARS TO TEXAS GAS SERVICE? YES. YES. THAT'S OUR ENTIRE FILING DETAILS, ALL OF THE COSTS THAT ARE ASSOCIATED IN THAT. AND, UM, A LOT OF IT IS THE NEED TO REPLACE AGING INFRASTRUCTURE TO ENSURE THAT THE SYSTEM IS SAFE AND RELIABLE. AND THEN THERE'S THE IMPACTS OF INFLATION THAT WE'VE ALL EXPERIENCED OVER THE PAST SEVERAL YEARS. OKAY. WELL, I I SHARE A LOT OF THE CONCERNS WE'VE HEARD HERE TODAY. I THINK THAT I, WE ALL RECOGNIZE OUR POWER IS A LITTLE LIMITED IN THIS SITUATION. IF WE SAY NO, IT'S GONNA GO THE RAILROAD COMMISSION AND MY FAITH AND THEM DOING THE RIGHT THING IS ZERO. UM, THAT BEING THE CASE, WE ARE GONNA HAVE A DECISION IN TWO YEARS ABOUT THE CONTINUATION OF TEXAS GAS SERVICE OPERATING WITHIN THE CITY. AND SO I STRONGLY ENCOURAGE YOU AND, AND THE COMPANY YOU REPRESENT TO HEED SOME OF THE CONCERNS YOU'VE HEARD. AND WHEN WE HEARD AN AUDIT IN FINANCE, ONE OF THE CONSISTENT MESSAGES WAS WE WANT TO REDUCE COSTS FOR USERS, COMMERCIAL, RESIDENTIAL, OTHERWISE THAT IS A GOAL THAT IS NOT THE TOTALITY OF THE GOALS OF THIS BODY. WE WANT TO, AS MR. MEZGER TALKED ABOUT, REDUCE THE CLIMATE IMPACTS OF GAS. UH, AND SO THAT TIERED STRUCTURE OR OTHER WAYS TO ADDRESS NOT ONLY THE COST ELEMENT, BUT THE COST TO OUR ENVIRONMENT IS CRITICAL. SO I'M JUST GOING TO SAY AGAIN, PLEASE, PLEASE, PLEASE, WORK WITH, I KNOW THE CITY, OUR REPRESENTATIVE AND THE OUTSIDE STAKEHOLDERS TO MEET THE MOMENT AND NOT MOTIVATE US TWO YEARS FROM NOW TO REALLY QUESTION WHETHER OR NOT THIS IS A GOOD PARTNERSHIP. ALRIGHT. THANK YOU FOR THAT INPUT. MAYOR PRO TIM FALL BY COUNCIL MEMBER BAYLA. I JUST HAD A COUPLE OF QUESTIONS. UM, ON THE INFRASTRUCTURE, UH, IMPROVEMENTS AND THE OUTDATED, UM, UH, EQUIPMENT AND SO FORTH, IS THIS SOMETHING THAT THE GUESSERS, IF THEY HAD BEEN DOING, WHAT KIND OF, UH, PLANNED UPGRADES DO YOU HAVE OVER TIME? HAD YOU BEEN HOLDING OFF ON DOING THEM AND NOW YOU HAVE A, A BIG PLAN AND SO THERE'S BIG EXPENSES BECAUSE YOU HADN'T BEEN DOING THE ADDITIONAL MAINTENANCE BEFORE AND YOU'RE PLAYING CATCH UP? OR [06:20:01] IS THIS A STANDARD? THIS IS A STANDARD, THIS IS NOT CATCH UP. UM, WE, WE GO THROUGH THIS EVERY YEAR. THERE'S A FIVE YEAR PLANNING PROCESS AND THEN A ONE YEAR PLANNING PROCESS WHERE THE FIVE YEAR PLAN IS REFINED FOR THE UPCOMING YEAR. AND, UM, THERE ARE A LOT OF SYSTEM REPLACEMENTS EVERY YEAR. AND THIS IS NOT JUST US, IT'S, IT'S ALL THE UTILITIES. UM, YOU WANNA MAKE SURE THAT YOUR INFRASTRUCTURE IS UP TO DATE AND OF UPTODATE MATERIALS FOR SAFETY REASONS. I THINK THAT'S TRUE. UM, IS THIS ALSO BECAUSE THE STATE OF TEXAS IS GROWING IN POPULATION? DO YOU HAVE A LARGER CUSTOMER BASE THAT YOU'RE TRYING TO KEEP UP WITH? YES, BUT THAT IS NOT DRIVING COSTS. OKAY. BECAUSE ANY INFRASTRUCTURE THAT WE PUT IN PLACE FOR NEW CUSTOMERS FOR GROWTH, WE DO A CALCULATION OF WHAT THAT'S GOING TO DO TO RATES. AND THEN WE DO A CALCULATION OF THE REVENUE THAT'S GONNA COME FROM THOSE NEW CUSTOMERS. AND THE REVENUE HAS TO COVER THE INCREASED COSTS THAT RESULT FROM THAT NEW INFRASTRUCTURE. AND IF IT DOESN'T, THE NEW CUSTOMERS OR THE DEVELOPERS HAVE TO PAY THE DIFFERENCE. AND YOU HAD MENTIONED THAT IN YOUR EARLIER REMARKS, THAT ALL THE NEW CUSTOMERS PAY FULL FREIGHT, RIGHT? A HUNDRED PERCENT OF THOSE COSTS. SO WE AREN'T ACTUALLY SEEING, UH, EXISTING CUSTOMERS SUBSIDIZING THAT. IS THAT CORRECT? THAT'S CORRECT. OKAY. AND THEN JUST ONE LAST QUESTION. I KNOW AT THE CITY, WHENEVER WE CHARGE OUT THE COST AND PASS IT BACK TO WHOMEVER IT IS THAT, THAT, UM, NEEDS TO PAY FOR IT, WE ARE PROHIBITED, IF I'M UNDERSTANDING STATE LAW CORRECTLY, FROM CHARGING TO MAKING ANY KIND OF A PROFIT, WE CAN ONLY CHARGE WHAT IT ACTUALLY COSTS AND RE AND GET OURSELVES REIMBURSED ONLY FOR WHATEVER OUR COSTS ARE. IS THAT A PRECEPT THAT YOU ALL HAVE TO FOLLOW AS WELL AS A UTILITY OR, UM, DO YOU HAVE DIFFERENT STATE LAWS THAT YOU HAVE TO, THAT REGULATE YOU AND THAT YOU HAVE TO FOLLOW IN THAT, IN THAT RIGHT UNDER THE RATE MAKING PRINCIPLES THAT WE'RE SUBJECT TO OUR COSTS ARE ALL ONE FOR ONE. AND THEN AS AN INVESTOR OWNED UTILITY, WE ARE ALLOWED TO EARN A RETURN ON OUR STATE, OUR SHAREHOLDERS INVESTMENTS. MM-HMM. THAT CAN BE BOND HOLDERS OR EQUITY SHAREHOLDERS. UM, SO OUR BOND HOLDERS AND OUR EQUITY SHAREHOLDERS PROVIDE THE MONEY, PROVIDE THE CASH THAT WE ARE SPENDING TO MAINTAIN THE SYSTEM, AND THEY ARE ENTITLED TO EARN A RETURN ON THEIR INVESTMENT. AND, UH, THAT'S PART OF THE REGULATORY PROCESS THAT YOU ALL ARE INVOLVED IN AND THAT THE RAILROAD COMMISSION IS INVOLVED IN. DOES THE RAILROAD COMMISSION SETTING THAT RATE RETURN REGULATE HOW MUCH OF A PROFIT, HOW MUCH OF A RETURN YOUR BOND HOLDERS CAN RECEIVE? YES, THEY DO. AND WHAT IS THAT? UH, CURRENTLY IT'S, UM, SOMEWHERE BETWEEN SEVEN AND 8% FOR THAT'S, UH, BOND AND EQUITY COMBINED. OKAY. I THINK THAT'S ALL THE QUESTIONS THAT I HAVE AT THIS POINT. THANK YOU SO MUCH. THANK ABSOLUTELY. MR. VELA, MY QUESTIONS ARE FOR STAFF WITH REGARD TO THE, UM, A MUNICIPAL GAS UTILITY. FOR EXAMPLE, MY UNDERSTANDING IS THAT, UH, CPS IN SAN ANTONIO, UH, IS ALSO THE GAS RETAILER, THE GAS COMPANY FOR THAT, UH, SERVICE AREA. UH, DO YOU HAVE ANY INSIGHT INTO HOW THAT HAPPENED OR KIND OF THE, YOU KNOW, THE, THE, THE HISTORY OF, UH, UH, OF THE HOW, UH, CPS, UH, BECAME THE, THE GAS RETAILER? I BELIEVE THEY MADE THAT CHOICE ABOUT 15 OR 20 YEARS AGO, BUT I CAN DO MORE RESEARCH AND GET BACK WITH YOU ON THAT. AND, UH, WHAT, IN TERMS OF, IF AUSTIN DID WANT TO BECOME ITS OWN, UH, RETAILER AND ESSENTIALLY TAKE OVER THE GAS SERVICE HERE, UH, IN THE CITY, UH, DO YOU HAVE A SENSE OF WHAT WOULD THAT LOOK LIKE? WHAT WOULD THE COST INVOLVE BE? YOU KNOW, WHAT, UH, FOR EXAMPLE, THE, UH, THE PIPELINES THAT ARE PART OF THE, UH, THAT CURRENTLY, YOU KNOW, TEXAS GAS SERVICE, THE INFRASTRUCTURE THAT IS, UH, PART OF THE, OF, OF TEXAS GAS, UH, HOW WOULD WE PURCHASE THAT FROM THEM? DOES THAT, YOU KNOW, UH, TRANSFER OVER WHEN THEY LEAVE? HOW EXACTLY WOULD THAT WORK? I'D HAVE TO GO BACK AND RESEARCH ALL THE DETAILS, BUT MY RECOLLECTION OF THE, OF THE PROCESS WOULD BE THAT WE WOULD HAVE TO PURCHASE THE ASSETS THAT THEY HAVE WITHIN THE CITY OF AUSTIN WITH THE REASONABLE RETURN. OKAY. AND WHAT IS, SO THE AGREEMENT ENDS IN 2026. WHEN DID IT BEGIN? DO YOU KNOW THE TERM OF THE, OF THE AGREEMENT THAT ENDS IN 2026? I BELIEVE IT'S EITHER A FIVE YEAR OR 10 YEAR AGREEMENT, BUT I'M 10 YEAR AGREEMENT. UH, AND I'M, I'M SORRY. I SEE ONE OF THE, THE UTILITY, THE, UH, THAT IF, IF YOU COULD ANSWER THAT QUESTION, 2006, 2006. SO 10 YEARS OR 20 YEARS, I'M SORRY, IT WAS A 20 YEAR AGREEMENT. UM, [06:25:02] I, I GUESS AT JUST SOME POINT, MAYOR, I WOULD, I WOULD BE CURIOUS TO KNOW ABOUT THE OTHER, UH, MUNICIPALITIES THAT DO OWN, UH, THEIR OWN UTILITIES. UH, YOU KNOW, WE HAVE BEEN VERY SUCCESSFUL WITH AUSTIN ENERGY, WITH AUSTIN WATER, UH, WITH THE, UH, FRANCHISES THAT WE DO HAVE. I THINK THEY'RE WELL RUN AND, AND WELL OPERATED, AND WE HAVE SOME OF THE LOWEST, UH, ELECTRIC RATES IN, IN, IN THE STATE. UH, SO HONESTLY, I I THINK THAT'S A, THAT'S A VERY INTRIGUING OPTION. WELL, IF WE'RE, WE'RE GONNA GO DOWN THAT ROAD, I THINK ONE OF THE THINGS THAT OBVIOUSLY WE CAN GET MORE INFORMATION, I MEAN, TO, TO HEAR IT PUT OUT AT A PUBLIC HEARING IN A, IN A SIX MINUTE DISCUSSION IS NOT THE TIME TO MAKE A DECISION. UH, AND I KNOW YOU'RE NOT SUGGESTING THAT, BUT IT WOULD ALSO INCLUDE, FOR EXAMPLE, UH, PART OF HER ANSWER TO YOU JUST A SECOND AGO, UH, WHAT WOULD IT COST IN TERMS OF STRANDED COSTS, YOU KNOW, THO-THOSE SORTS OF THINGS. SO IT, IT'S, IT'S A, IT'S A BIG DECISION THAT IS WORTH LOOKING AT, WORTH THINKING ABOUT ON BEHALF OF, OF, OF OUR CITIZENS, BUT NOT SOMETHING TO JUMP AT TODAY. MM-HMM. . BUT I, I KNOW THAT'S NOT WHAT YOU'RE DOING. I'M JUST YEAH, NO, COMPLETELY AGREE. AND, AND, UH, OBVIOUSLY THAT, THAT IS A BIG DECISION. I KNOW THAT THE INFRASTRUCTURE IS, IS GONNA BE WORTH A, YOU KNOW, A, A PRETTY PENNY. UH, BUT, UH, I, I WOULD LIKE TO, IN EVALUATING THE BEST DECISION FOR THE PEOPLE OF AUSTIN, I, I DO THINK WE NEED TO TAKE A, A COMPREHENSIVE LOOK AT ALL THE OPTIONS ON THE TABLE. YEAH, I, I THINK THAT'S PART OF OUR JOB. THANK YOU, MAYOR. THANK YOU. THANK YOU VERY MUCH. UH, MEMBERS WITHOUT OBJECTION, WE WILL CLOSE THE PUBLIC HEARING ON ITEM NUMBER 1 68. THIS IS A NON-ACTION ITEM, UM, AS, AS WE INDICATED AT THE BEGINNING, IT WAS A PUBLIC HEARING AS PART OF THE RATE CASE. AND TO DO THIS EARLIER IN TERMS OF OBTAINING INFORMATION FROM THE PUBLIC ABOUT HOW IT FEELS ABOUT THESE MATTERS MEMBERS. THAT'LL [2:00 PM - Zoning and Neighborhood Plan Amendments (Public Hearings and Possible Action)] TAKE US TO, UM, OUR ZONING MATTERS, UH, BEGINNING WITH ITEM NUMBER 1 69 AND RUNNING THROUGH ITEM TWO 10. MS. HARDEN, UH, YOU'RE RECOGNIZED. THANK YOU, MAYOR AND COUNSEL, I'M JOY HARDEN WITH THE PLANNING DEPARTMENT. BEFORE I BEGIN READING THE AGENDA, I WANTED TO NOTE THAT THE EAST AUSTIN CONSERVANCY REQUESTED THE POSTPONEMENT OF 12 DB 90 CASES AND THE GROVE VALLEY JOHNSON TERRACE NEIGHBORHOOD PLAN CONTACT TEAM SUBMITTED A POSTPONEMENT REQUEST FOR FIVE DB 90 CASES. I WILL READ THOSE REQUESTS AS THEY APPEAR IN THE ZONING AGENDA ALONG WITH POSTPONEMENT REQUESTS FROM MCKINLEY HEIGHTS, HOMEWOOD HEIGHTS, AND CHERRYWOOD NEIGHBORHOOD ASSOCIATIONS. I WILL ALSO NOTE WHETHER THE CASE IS BEING OFFERED POSTPONE BEFORE POSTPONEMENT TODAY, AND IF SO, TO WHICH DATE. BUT AS ALWAYS, THIS IS AT YOUR DISCRETION AND OF COURSE YOU WILL HEAR FROM THE SPEAKERS DIRECTLY DURING PUBLIC TESTIMONY UNLESS YOU WISH TO CALL SPEAKERS UP DURING THE READING OF THE AGENDA. SO I WILL BEGIN. YOUR ZONING AGENDA BEGINS WITH ITEM 1 69 NPA 20 23 0 0 1 5 0 5 SH. THIS ITEM'S BEING OFFERED FOR CONSENT ON ALL THREE READINGS. THE RELATED REZONING IS ITEM ONE 70 C 1 4 20 23 0 1 4, 1 POINT SH. THIS ITEM'S BEING OFFERED FOR CONSENT ON ALL THREE READINGS WITH THE FOLLOWING MOTION. UM, THIS IS A LONG MOTION SHEET, UM, SO JUST PLEASE BEAR WITH ME. AND THIS COMES FROM, UM, WORKED UPON AGREEMENTS BETWEEN THE APPLICANT AND THE NEIGHBORS ON THIS CASE. AND IT READS, AMEND THE CAPTION OF THE DRAFT ORDINANCE AND PART ONE TO INCLUDE A CONDITIONAL OVERLAY CO AND PART TWO AND PART THREE AS FOLLOWS AND REMEMBER THE REMAINING SECTIONS ACCORDINGLY. PART TWO, THE PROPERTY WITHIN THE BOUNDARIES OF THE CONDITIONAL OVERLAY COMBINING DISTRICT ESTABLISHED BY THIS ORDINANCE IS SUBJECT TO THE FOLLOWING CONDITIONS. A DEVELOPMENT OF THE PROPERTY SHALL NOT EXCEED 36 OILING UNITS. B, DEVELOPMENT OF THE PROPERTY SHALL NOT EXCEED AN IMPERVIOUS COVERAGE OF 55%. C. DEVELOPMENT OF THE PROPERTY SHALL NOT EXCEED 45% BUILDING COVERAGE. D, THE MAXIMUM HEIGHT OF THE BUILDING OR STRUCTURE ON THE PROPERTY SHALL NOT EXCEED 39.75 FEET E. AN ORNAMENTAL FENCE MAY NOT BE CONSTRUCTED ON THE NORTHERN OR SOUTHERN PROPERTY LINES. A FENCE CONSTRUCTED ON THE NORTHERN OR SOUTHERN PROPERTY LINES MAY NOT BE GREATER THAN EIGHT FEET IN HEIGHT. FA FIVE FOOT WIDE BUILDING SETBACK SHALL BE ESTABLISHED AND MAINTAINED ALONG THE PROPERTY LINES WITHIN THE BUILDING SETBACK. A THREE FOOT WIDE VEGETATIVE BUFFER MEASURED FROM THE PROPERTY LINES SHALL BE PROVIDED AND MAINTAINED ALONG PROPERTY LINES. IMPROVEMENTS PERMITTED WITHIN THE BUFFER ARE LIMITED TO DRAINAGE, UNDERGROUND UTILITY IMPROVEMENTS BY A FILTRATION PONDS AND COMPONENTS OR THOSE IMPROVEMENTS THAT MAY OTHERWISE BE REQUIRED BY THE CITY OF AUSTIN G. THE FOLLOWING USES ARE [06:30:01] ON THE PROPERTY. THE FOLLOWING ARE PROHIBITED USES ON THE PROPERTY CLEVER LODGE COMMITTEE, RECREATION PUBLIC SAFETY SERVICES COMMITTEE RECREATION, PRIVATE SHORT TERM RENTAL PAR THREE EXCEPT AS SPECIFICALLY RESTRICTED UNDER THE ORDINANCE. THE PROPERTY MAY BE DEVELOPED AND USED IN ACCORDANCE WITH REGULATIONS ESTABLISHED FOR THE GENERAL COMMERCIAL SERVICES MF TWO BASED DISTRICT AND OTHER APPLICABLE REQUIREMENTS OF THE CITY CODE. AND WITH THAT, AGAIN, THIS ITEMS IS BEING OFFERED FOR CONSENT ON ALL THREE READINGS. PLEASE NOTE THAT THIS ITEM DOES HAVE A VALID PETITION. IT WILL NEED NINE VOTES TO PASS ON ALL THREE READINGS, BUT I WILL ALSO NOTE THIS, UM, WAS WORKED UPON AND YOU'LL HEAR FROM THE NEIGHBORS I KNOW IN PUBLIC TESTIMONY. AND THIS WAS A DOCUMENT THAT WAS WORKED ON WITH THE NEIGHBORS IN THE APPLICANT. MOVING ON TO ITEM 1 71 C 1 4 20 24 0 0 6 1. THERE IS AN EAST AUSTIN CONSERVANCY POSTPONEMENT REQUEST TO YOUR OCTOBER 24TH COUNCIL MEETING AND A HOME WITH HEIGHTS POSTPONEMENT REQUEST TO YOUR OCTOBER 24TH COUNCIL MEETING. I HAVE SPOKEN WITH COUNCIL MEMBER HARPER MADISON'S OFFICE AND SHE IS SUPPORTIVE OF A NEIGHBORHOOD POSTPONEMENT, BUT HER PREFERENCE DATE IS THE COUNCIL MEETING DATE OF SEPTEMBER 12TH. SO THIS ITEM IS BEING OFFERED AS A NEIGHBORHOOD POSTPONEMENT TO YOUR SEPTEMBER 12TH COUNCIL MEETING. ITEM 1 72 IS C 1 4 20 24 0 0 5 9. THERE'S A POSTPONEMENT REQUEST BY COUNCIL MEMBER ALLISON ALTER TO YOUR SEPTEMBER 12TH COUNCIL MEETING. ITEM 1 73 IS NPA 20 24 0 0 3 0 0.01. THIS ITEM IS BEING OFFERED FOR CONSENT ON ALL THREE READINGS. THE RELATED REZONING IS ITEM 1 74 C 1 4 20 24 0 0 3 3. AND AGAIN, THIS ITEM IS BEING OFFERED FOR CONSENT ON ALL THREE READINGS. ITEM 1 75 IS NPA 20 22 0 0 2 0 0.01. THERE'S A NEIGHBORHOOD POSTPONEMENT REQUEST TO YOUR SEPTEMBER 26TH COUNCIL MEETING AFTER SPEAKING WITH COUNCIL MEMBER VELAZQUEZ'S OFFICE, THE SUPPORT A NEIGHBORHOOD POSTPONEMENT, BUT THEIR PREFERENCE DATE IS THE COUNCIL MEETING OF SEPTEMBER 12TH. SO THIS ITEM'S BEING OFFERED AS A NEIGHBORHOOD POSTPONEMENT REQUEST TO YOUR SEPTEMBER 12TH COUNCIL MEETING. THE RELATED REZONING IS C 1 4 20 22 0 0 6 2. AND AGAIN THE REQUEST MOVING FORWARD IS A NEIGHBORHOOD POSTPONEMENT REQUEST TO YOUR SEPTEMBER 12TH COUNCIL MEETING. 1 77 IS PA 20 22 0 0 0 0 0 5 0.01. THERE IS AN EAST AUSTIN CONSERVANCY POSTPONEMENT REQUEST TO YOUR OCTOBER 24 COUNCIL MEETING AND APPLICANT POSTPONEMENT REQUEST TO YOUR OCTOBER 10TH COUNCIL MEETING UNLESS COUNCIL WANTS TO HEAR FROM THE UM, REQUEST OF THE POSTPONEMENT AT THIS TIME. THIS ITEM IS BEING OFFERED AS AN APPLICANT POSTPONEMENT REQUEST TO THE COUNCIL MEETING OF OCTOBER 10TH. UM, THE RELATED REZONING IS ITEM 1 78 AND AGAIN, UM, YOU HAVE THE EAST AUSTIN CONSERVANCY POSTMAN REQUEST AND TO OCTOBER 24TH AND APPLICANT POSTPONEMENT REQUEST TO OCTOBER 10TH. UM, AND THIS IS BEING OFFERED AS AN APPLICANT POSTPONEMENT REQUEST TO YOUR OCTOBER 10TH COUNCIL MEETING. ITEM 1 79 IS NPA 20 23 0 0 0 2 0.02. THIS IS AN APPLICANT POSTPONEMENT REQUEST TO YOUR OCTOBER 10TH COUNCIL MEETING. THE RELATED REZONING IS ITEM 180 C 1 4 20 23 0 1 5 3. AGAIN, APPLICANT POSTPONEMENT REQUEST TO YOUR OCTOBER 10TH COUNCIL MEETING. ITEM 180 1 C 1 4 20 24 0 0 3 9 THERE'S AN EAST AUSTIN CONSERVANCY AND GOLD VALLEY JOHNSON TERRACE POSTPONEMENT REQUEST TO YOUR OCTOBER 24 COUNCIL MEETING UNLESS THE COUNCIL WANTS TO HEAR FROM THE REQUEST OR THE POSTPONEMENT AT THIS TIME. THIS SOUNDS BEING OFFERED FOR CONSENT ON ALL THREE READINGS. ITEM 180 2 IS C 1 4 20 24 0 0 5 2. THIS ITEM IS BEING OFFERED FOR CONSENT ON ALL THREE READINGS. ITEM 180 3 IS C 1 4 20 23 0 1 3 1. THERE'S THE EAST AUSTIN CONSERVANCY POSTPONEMENT REQUEST, UM, TO YOUR OCTOBER 24TH COUNCIL MEETING. UM, UNLESS THE COUNCIL WOULD LIKE TO HEAR FROM THE REQUESTER OF THE POSTPONEMENT AT THIS TIME, THIS ITEM IS BEING OFFERED FOR CONSENT. FIRST READING ONLY. ITEM 180 4 C 14 20 24 0 0 5 5. AGAIN, EAST AUSTIN CONSERVANCY POSTPONEMENT TO YOUR OCTOBER 24 COUNCIL MEETING. AND UNLESS, UM, YOU'RE WISHING TO HEAR FROM THE REQUESTER OF THE POSTPONEMENT AT THIS TIME, THIS ITEM IS BEING OFFERED FOR CONSENT ON ALL THREE READINGS. ITEM 180 5 IS C 1 4 20 24 0 0 4 2. THIS ITEM IS BEING OFFERED FOR CONSENT ON ALL THREE READINGS. ITEM 180 6 IS MPA 20 23 0 0 2 5 0.01. THIS ITEM IS BEING OFFERED FOR CONSENT ON ALL THREE READINGS. THE RELATED REZONING IS 180 7 C 1 4 20 24 0 0 4 0. AGAIN, THIS ITEM IS BEING OFFERED FOR CONSENT ON ALL THREE READINGS. ITEM 180 8 IS C 1 4 20 24 0 0 4 4. THIS BEING OFFERED FOR CONSENT ON ALL THREE READINGS. ITEM 180 9 IS C 14 20 24 0 0 4 3. THIS ITEM IS BEING OFFERED FOR CONSENT ON ALL THREE READINGS. ITEM ONE 90 IS C 1 4 20 24 0 0 3 8. THERE'S A NEIGHBORHOOD POSTPONEMENT REQUEST TO YOUR SEPTEMBER 26 COUNCIL MEETING AND UNLESS THE COUNCIL WISHES TO HEAR FROM THE REQUESTER OF THAT POSTPONEMENT, THIS ITEM IS BEING OFFERED FOR CONSENT ON ALL THREE READINGS. UM, ITEM 1 9 1. IT'S D 1 4 20 24 0 0 6 3. [06:35:02] THERE'S A EAST AUSTIN CONSERVANCY AND GOLD VALLEY JOHNSON TERRACE POSTPONEMENT REQUESTS A UNLESS COUNSEL WISHES TO HEAR FROM THE REQUESTER OF THE POSTPONEMENT AT THIS TIME, THIS ITEM IS BEING OFFERED FOR CONSENT ON ALL THREE READINGS. ITEM 1 92 A C 1 4 20 24 0 0 7 3. THIS ITEM'S BEING OFFERED FOR CONSENT ON ALL THREE READINGS. ITEM 1 93 A C 1 4 20 24 0 0 5 3 THIS ITEM IS BEING OFFERED FOR CONSENT ON ALL THREE READINGS. ITEM 1 94 C 1 4 20 24 0 0 7 0 THERE'S AN EAST AUSTIN CONSERVANCY POSTPONEMENT TO OCTOBER 24TH AND TWO OTHER NEIGHBORHOOD POSTPONEMENTS UM, TO YOUR SEPTEMBER 26TH COUNCIL MEETING AGAIN, I'VE SPOKEN WITH COUNCIL MEMBER HARPER MADISON'S OFFICE AND SHE DEFINITELY, UM, IS SUPPORTIVE OF A NEIGHBORHOOD POSTPONEMENT, BUT HER PREFERENCE IS TO SUPPORT THE NEIGHBORHOOD'S POSTPONEMENT TO THE DATE OF SEPTEMBER 12TH. SO THIS ITEM'S BEING OFFERED AS A NEIGHBORHOOD POSTPONEMENT REQUEST TO SEPTEMBER 12TH. ITEM 1 9 5 IS C 1 4 20 24 0 0 7 6. THIS ITEM'S BEING OFFERED FOR CONSENT ON ALL THREE READINGS. ITEM 1 96, THE C 1 4 20 23 0 1 1 0. THERE'S THE EAST AUSTIN CONSERVANCY POSTPONEMENT REQUEST TO OCTOBER 24TH AND A CHERRYWOOD NEIGHBORHOOD ASSOCIATION POSTPONEMENT REQUEST TO SEPTEMBER 26. THE COUNSEL HAS CONCERNS AND WANTS TO HEAR FROM THE SPEAKERS AT THIS TIME. THIS CASE WILL BE OFFERED AS A NEIGHBORHOOD POSTPONEMENT TO YOUR SEPTEMBER 26 COUNSEL MEETING. I KNOW 1 97 IT'S MPA 20 24 0 0 1, 6 0.0 1.8 THERE IS THE EAST AUSTIN CONSERVANCY AND GO VALLEY JOHNSON TERRACE POSTPONEMENT REQUEST TO YOUR OCTOBER 24TH COUNCIL MEETING AND UNLESS THE COUNCIL WANTS TO HEAR FROM THE REQUESTERS AT THIS TIME, THIS ITEM IS OFFERED FOR CONSENT ON ALL THREE READINGS. THE RELATED REZONING IS ITEM 1 98 C 1 4 20 24 0 0 1 9 POINT S EIGHT. AGAIN, THERE ARE TWO POSTPONEMENT REQUESTS, ONE FROM EAST AUSTIN CONSERVANCY AND THE OTHER FROM GOLD VALLEY JOHNSON TERRACE. UM, BUT THESE, UH, ITEMS ARE BEING OFFERED, UM, FOR CONSENT ON ALL THREE READINGS. ITEM 1 99 AND C 1 4 20 24 0 0 A THREE. THIS ITEM'S BEING OFFERED FOR CONSENT ON ALL THREE READINGS WITH THE FOLLOWING MOTION. AND THAT READS REMOVE PART TWO A OF THE DRAFT ORDINANCE AND RENUMBER THE REMAINING SUBSECTIONS ACCORDINGLY. AND WITH THAT, AGAIN, THIS ITEM IS BEING OFFERED FOR CONSENT ON ALL THREE READINGS. ITEM 200 MPA 20 24 0 0 1 6 0.02, THERE'S A GO VALLEY JOHNSON TERRACE POSTPONEMENT REQUEST TO YOUR OCTOBER 24TH COUNCIL MEETING. UNLESS THE COUNCIL WISHES TO HEAR FROM THE REQUESTER OF THE POSTPONEMENT AT THIS TIME, THIS WILL CASE WILL BE OFFERED AS AN APPLICANT POSTPONEMENT REQUEST TO YOUR SEPTEMBER 26TH COUNCIL MEETING. THE RELATED REZONING IS 2 0 1 C 1 4 20 24 0 0 3 7. AGAIN, THERE'S A POSTPONEMENT REQUEST HERE, OCTOBER 24TH COUNCIL MEETING. BUT THIS ITEM IS BEING OFFERED AS A APPLICANT POSTPONEMENT TO YOUR SEPTEMBER 26 COUNCIL MEETING. ITEM 2 0 2 IS C 1 4 20 24 0 0 85. THE SAME IS BEING OFFERED FOR CONSENT ON ALL THREE READINGS. ITEM 2 0 3 IS C ONE FOUR H 20 24 0 0 1 1. THIS ITEM IS BEING OFFERED FOR CONSENT ON ALL THREE READINGS. ITEM 2 0 4 C ONE FOUR H 20 24 0 0 1 16. THIS ITEM IS BEING OFFERED FOR CONSENT ON ALL THREE READINGS. ITEM 2 0 5 IS NPA 20 24 0 0 2 6 0.01. THIS ITEM BEING OFFERED AS AN APPLICANT POSTPONEMENT REQUEST TO YOUR SEPTEMBER 12TH COUNSEL MEETING. THE RELATED REZONING IS ITEM 2 0 6 C 4 20 24 0 0 0 8. AGAIN, APPLICANT POSTPONEMENT REQUEST TO YOUR SEPTEMBER 12TH COUNCIL MEETING, EXCUSE ME. ITEM 2 0 7 IS C 4 20 24 0 0 0 7. THERE'S A POSTPONEMENT REQUEST BY COUNCIL MEMBER CADRE TO YOUR SEPTEMBER 26 COUNCIL MEETING. ITEM 2 0 8 IS C 1 4 20 23 0 1 39. THERE'S A POSTPONEMENT REQUEST BY COUNCIL MEMBER VELASQUEZ TO YOUR SEPTEMBER 26 COUNCIL MEETING. ITEM 2 0 9 IS C 1 4 20 24 0 0 8. THERE'S A NEIGHBORHOOD POSTPONEMENT REQUEST TO YOUR SEPTEMBER 26 COUNCIL MEETING. AND LASTLY, ITEM TWO 10 C 2 20 24 0 1 1. THIS ITEM'S BEING OFFERED FOR CONSENT ON ALL THREE READINGS. THIS ITEM DOES HAVE A POSTPONEMENT REQUEST FROM EAST AUSTIN CONSERVANCY. UM, BUT UNLESS YOU WANNA HEAR FROM THE REQUESTER AT THIS TIME, AGAIN, THIS ITEM'S BEING OFFERED FOR CONSENT ON ALL THREE READINGS. AND JUST TO NOTE, THESE ARE FOUR CA THESE FOUR CASES THAT ARE BEFORE YOU, UM, ARE HERE TO, UM, BECAUSE THIS IS TO REFLECT THE COUNSEL CHANGES TO THE DP 90 ORDINANCE THAT THIS COUNSEL PASSED EARLIER. AND I ALSO WANNA ADD TO THIS ITEM THAT THERE, IT'S POSTED AS ONE ITEM, BUT THERE IS A VALID PETITION, UM, FOR 50 54 0 2, 54 0 8 [06:40:02] AND 54 12. UM, THESE ITEMS DO AGAIN, ALREADY HAVE DB 90. THIS REZONING WOULD JUST MAKE THESE MIRROR THE ORDINANCE THAT YOU PASSED EARLIER. BUT AGAIN, THERE IS A VALID PETITION, SO IT'LL REQUIRE NINE VOTES. THIS CONCLUDES THE READING OF AGENDA AND AS ALWAYS, THIS IS AT YOUR DISCRETION AND YOU DO HAVE SPEAKERS. UM, THANK YOU. ANYBODY HAVE ANY QUESTIONS FIRST, UH, OF MS. HARDEN? ALRIGHT, LET ME ASK A QUESTION OF COUNSEL. DOES COUNSEL WISH TO, TO HEAR FROM ANYONE ON THE ITEMS WHERE IT'S BEING RECOMMENDED BY STAFF THAT IT BE TAKEN FORWARD ON THE MERITS IN, IN MOST INSTANCES CONSENT, BUT THERE'S BEEN A REQUEST FOR A POSTPONEMENT ON ANY SPECIFIC ITEM. I JUST WANNA MAKE SURE THAT WE, WE COVER THAT REQUEST IF ANYBODY HAS IT. OKAY. IN THAT CASE, UM, YOU WANT READ THROUGH, I'M GOING TO ENTERTAIN A MOTION TO APPROVE THE CONSENT AGENDA AND, AND I'M GONNA RUN THROUGH IT JUST SO THAT WE'RE CLEAR ON WHAT THE MOTION IS. MS. HARDIN, CHECK MY MAP. ITEM 1 69 IS ON ALL THREE READINGS. ONE 70 IS ON ALL THREE READINGS AND THERE'S A VALID PETITION AND A MOTION SHEET, UH, AS READ BY MS. HARDEN, 1 71 POSTPONEMENT TO 9 12 1 72. POSTPONEMENT TO 9 12 1 73. ALL THREE READINGS THE CORRESPONDING ITEM 1 74, ALL THREE READINGS, 1 75 AND 1 76 POSTPONEMENT TO 9 12, 1 77 AND 1 78. POSTPONEMENT TO OCTOBER 10TH, 1 79 AND 180 POSTPONEMENT TO OCTOBER 10TH, 180 1. UH, CONSENT ON ALL THREE READINGS. 180 2. ALL THREE READINGS. 180 3. FIRST READING ONLY 180 4, 180 5, 180 6, 180 7, 180 8, 180 9, 1 91 91, 1 92, 1 93, ALL THREE READINGS, 1 94 POSTPONEMENT TO SEPTEMBER 12, 1 95, ALL THREE READINGS. 1 96 POSTPONED TO 9 26, 1 97 AND 1 98. ALL THREE READINGS. 1 99. ALL THREE READINGS AS PER A MOTION SHEET READ BY, UH, MS. HARDIN, UH, 202 0 1 POSTPONEMENT TO SEPTEMBER 26TH. 2 0 2, 2 0 3, 2 0 4. ALL THREE READINGS. 2 0 5 AND 2 0 6. POSTPONEMENT TO SEPTEMBER 12TH, 2 0 7. POSTPONED TO SEPTEMBER 26TH, 2 0 8. POSTPONEMENT TO SEPTEMBER 26TH, 2 0 9. POSTPONEMENT TO SEPTEMBER 26TH, TWO 10. ALL THREE READINGS. AND THERE IS A VALID PETITION. CHAIR WILL ENTERTAIN A MOTION. MOTION IS MADE TO ADOPT THE CONSENT AGENDA IS READ BY COUNCIL MEMBER VELA. SECOND, MY COUNCIL MEMBER CADRE, I'LL TURN TO THE CLERK FOR PUBLIC COMMENT. WE'LL START WITH REMOTE SPEAKERS. FIRST WE HAVE AARON CORRIGAN SPEAKING ON ITEMS 1 69 AND ONE 70 WITH SIX MINUTES TO SPEAK. AARON, PLEASE UNMUTE. WE WILL MOVE ON TO THE NEXT SPEAKER. J ZECK ON ONE 90 J ZECK, PLEASE UNMUTE. OKAY, NEXT SPEAKER IS RUTH CASRE ON ITEM TWO 10, RUTH CASRE . WE WILL FOLLOW UP WITH THOSE SPEAKERS AND WE'LL MOVE TO IN PERSON. OKAY. IN PERSON WE'LL HAVE ALEXANDRIA ANDERSON. IS ALEXANDRIA HERE. UM, MONICA GO. OH, SHE'S HERE. YES, PLEASE MOVE UP TO THE PODIUM. SIGNED UP TO SPEAK ON ITEMS 1 69, 1 71 81. 180 3. 180 4. 1 91. 1 97, 1 98. AND HERE TO SPEAK ON THE POSTPONEMENTS OF 1 71. 1 77, 1 78, 1 94, 1 96 FOR A TOTAL OF 39 MINUTES. . WHO? ME? ME. OH, I WAS LIKE, OH MY GOSH. I WAS LIKE, THAT'S A LOT. I DON'T KNOW WHAT I CAN TALK ABOUT FOR 39 MINUTES. UM, GOOD AFTERNOON, CITY MANAGER, MAYOR WATSON AND COUNCIL MEMBERS. MY NAME IS ALEXANDRIA ANDERSON [06:45:01] AND I'M HERE SPEAKING ON BEHALF OF THE MARTIN LUTHER KING NEIGHBORHOOD ASSOCIATION AND THE NEIGHBORS WHO LIVE ON DELON STREET AND IAN FRANKLIN, WHO ARE NOT ABLE HERE TO BE HERE TODAY. OVER THE COURSE OF OUR COMMUNITY MEETINGS, OUR GROUP HAS EMBRACED THE CHANGE, THE IDEA OF CHANGE, AND THE IDEA OF INCREASED DENSITY IN OUR COMMUNITY. NEIGHBORS, EVEN AFTER HASHING OUT, THEY WANTED ME TO SHARE THIS WITH YOU GUYS. NEIGHBORS HAVE CONCERN ABOUT THE QUALITY OF LIFE AND THE SAFETY OF OUR STREETS. WE HAVE BEEN DENIED SIDEWALKS, UPDATED INFRASTRUCTURE, AND WE'RE JUST LOOKING FOR A BETTER LIFE WITH EVEN, EVEN MORE WITH THE GROWTH AND DENSITY OF OUR CITY. THE NEIGHBORS ASK THAT THE CITY MANAGER, THE MAYOR, AND THE CITY COUNCIL TO SUPPORT NEIGHBORHOODS IN BEING SAFE AND FUNCTIONAL. THANK YOU. NEXT WE HAVE MONICA GUZMAN ON ITEMS 1 69, 1 71 81, 180 3, 180 4, 1 91, 1 97, 1 98. MARRIED TO POSTPONEMENT ON ITEM 1 71, 1 77, 1 78, 1 94, 1 96, 2 0 9. AND YOU HAVE A TOTAL OF 45 MINUTES. I PROMISE YOU I WON'T TALK THAT LONG. . UM, GOOD AFTERNOON. I GUESS IT'S STILL AFTERNOON. I'M MONICA GOSMAN, POLICY DIRECTOR WITH GAVA. GO. AUSTIN. AUSTIN. WE STAND WITH THE COMMUNITY SPECIFICALLY EAST MLK, NEIGHBORHOOD CONTACT TEAM. HOMEWOOD HEIGHTS NEIGHBORHOOD ASSOCIATION. MON NEIGHBORHOOD ASSOCIATION, GO VIA JOHNSON TERRACE. NEIGHBORHOOD CONTACT TEAM. EAST SIDE GUARDIANS, EAST SIDE EAST AUSTIN CONSERVANCY AND THE AUSTIN NEIGHBORHOOD COUNCIL IN OPPOSITION TO DB 90 CASES. ITEMS 1 69, 1 71 71 1 77, 1 78, 180 1, 180 3, 180 4, 1 91, 1 94, 1 96, 1 97, 1 9, 8, 2 0 9 AND TWO 10. WE URGE YOU TO POSTPONE ALL OF THEM EVEN IF THERE WAS NO POSTPONEMENT REQUEST FOR THOSE THAT WERE WE REQUEST YOU GRANT IT, YOU ARE DESTROYING AUSTIN'S EASTERN CRESCENT NEIGHBORHOODS WHEN YOU COULD BE WORKING WITH THEM ON EQUITABLE GROWTH AND NEIGHBORHOOD STABILITY. THANK YOU. THANK YOU. NEXT SPEAKER IS MISS SALE RAMOS. BRAD MASSING. CARMEN YANAS. JENNY GRAYSON, ARE YOU HERE? OH, SHE'S MAKING HER WAY UP ON ITEMS 180 1 AND 180 3. 180 4. 1 91. 180 7 180 8. MERITS A POSTPONEMENT OF 1 71, 1 77, 1 78 1 94, 180 6 33 MINUTES. HI, JENNY GRAYSON ON BEHALF OF MCKINLEY HEIGHTS NEIGHBORHOOD ASSOCIATION HERE TO SPEAK ON POSTPONEMENT FOR AGENDA ITEM 1 94. AS THE NEIGHBORHOOD OF MY PRESIDENT ASSOCIATION, I DON'T SPEAK FOR MY NEIGHBORS. I SPEAK ON BEHALF OF MY NEIGHBORS. NEXT WEEK, I'LL BE OUT OF TOWN TRAVELING FOR WORK. I'M ALSO OUT OF TOWN TRAVELING FOR WORK ON THE WEEK OF SEPTEMBER 16TH. ALL WEEK. WHENEVER I EMAILED OUR DISTRICT OFFICE, UM, I REQUESTED A POSTPONEMENT UNTIL SEPTEMBER 26TH TO GIVE MYSELF, UM, MEANINGFUL TIME TO ENGAGE THE NEIGHBORS ABOUT A RESTRICTIVE COVENANT THAT WAS JUST PRESENTED TO US BY THE APPLICANT. UH, LAST FRIDAY. WE'VE SINCE MET WITH THE APPLICANT AND TRIED TO MAKE SOME NEGOTIATIONS WITH THAT RESTRICTIVE COVENANT. WE'RE WAITING FOR THEM TO TELL US, GET BACK TO US ABOUT DETAILS THAT WE REQUESTED. THEY'VE YET TO DO THAT WITHOUT A FINALIZED RESTRICTIVE COVENANT. COVENANT, I DON'T FEEL THAT I CAN GO TO MY NEIGHBORS AND ENGAGE THEM IN A MEANINGFUL WAY. AND AGAIN, BEING OUT OF TOWN NEXT WEEK AND AGAIN THE WEEK OF THE 16TH, UM, I WON'T HAVE ANY TIME TO ENGAGE MY NEIGHBORS IF THE POSTPONEMENT ONLY GOES UNTIL SEPTEMBER 12TH. SO I'M REQUESTING AND HAD ORIGINALLY REQUESTED SEPTEMBER 26TH POSTPONEMENT. IF Y'ALL GRANT THE OCTOBER 24TH REQUEST BY EAST AUSTIN CONSERVANCY, I'M NOT GOING TO OPPOSE THAT. UM, AND I THINK THAT'S ALL I WANTED TO SAY ON THAT 1 71, UH, HAS SIMILAR ISSUES WHERE THERE ARE OLDER RESIDENTS IN THE AREA, UM, WHO NEED TO ENGAGE VIA THEIR, UM, SONS AND DAUGHTERS. WE ALSO NEED MEANINGFUL TIME TO ENGAGE ABOUT A DB 90 WITH THE RESIDENTS IN HOMEWOOD HEIGHTS. THIS IS JUST SOUTH OF OUR, MY NEIGHBORHOOD AT MCKINLEY HEIGHTS. AND THEN I DITTO, UM, WHAT MONICA SAID. THIS IS A VALUABLE TIME THAT YOU GUYS CAN, CAN TAKE TO ENGAGE COMMUNITY, UH, AFTER THINGS HAVE BEEN FORCED ON US. AND WE HAVE, WE HAVE A LOT OF, A LOT OF GOOD IDEAS AND SUGGESTIONS AND, UH, I THINK THIS IS VALUABLE TIME FOR US TO COME TO THE TABLE AND MEET WITH ACTUAL DEVELOPERS, UH, TO NEGOTIATE FOR THE COMMUNITY BENEFITS THAT WERE PROMISED IN DB 90 THAT WE'RE NOT RECEIVING. NEXT, WE HAVE NO A [06:50:01] S RAUL ALVAREZ. MR. ELIAS IS SPEAKING ON ITEMS 180 1, 180 3, 180 4, 1 91, 180 7, 180 8. POSTPONEMENT ITEMS 1 71, 1 77, 1 78, 1 94. NOT IN 96. YOU HAVE A TOTAL OF 33 MINUTES. HEY, COUNSEL. UM, NO, ELIAS, I'M HERE TO SPEAK ON THESE ITEMS. UM, I WANNA START WITH ITEM 1 77, 1 78. UM, FOR THAT ONE, THE COMMUNITY REQUEST WAS FOR OCTOBER 24TH. AND AS, UM, OTHER COMMUNITY MEMBERS HAVE SPOKEN, I THINK THAT I BELIEVE THAT YOU SHOULD HONOR THE C'S, UM, REQUEST FOR POSTPONEMENT FOR THAT DATE. UM, AND NOT JUST FOR THIS ITEM, BUT ALSO FOR ALL THE OTHER DB 90 CASES. UM, YOU HAVE JUST FINISHED, UH, REVISING THE REGULATIONS ON DB 90 TODAY. SO I DON'T THINK IT MAKES SENSE TO VOTE TO APPROVE ANY DB 90 CASES ON THAT SAME DAY. UM, THE COMMUNITY NEEDS TIME TO LOOK AT THESE, THE IMPACTS OF THESE DV 90 CASES, UM, AND NEGOTIATE FOR COMMUNITY BENEFITS. UH, SO I ASKED YOU TO POSTPONE NOT ONLY THIS CASE, BUT POSTPONE, UH, AND PLACE A MORATORIUM ON ALL DV 90 CASES BEING HEARD TODAY TO ALLOW FOR CAREFUL CONSIDERATION OF THE TRUE IMPACT OF DV 90 PROJECTS THAT, UM, WILL HAVE ON RESIDENTS AND OUR COMMUNITIES. UH, DEVELOPMENT SHOULD NOT JUST BE ABOUT HOW MANY UNITS YOU CAN CREATE AND BUILD. IT SHOULD BE ANALYZED BY THE IMPACT THAT IT HAS ON COMMUNITIES, UH, INCLUDING AFFORDABILITY AND THE DISPLACEMENT. THANK YOU. THANK YOU. RAUL ALVAREZ. ITEMS 180 1, 180 3, 180 4, 1 91, 1 97, 1 98. POSTPONEMENT ITEMS, 1 71, 1 77, 1 78, 1 94, 1 96 200, 2 1 3 9 MINUTES. GOOD EVENING. AND OBVIOUSLY I WON'T BE TAKING ALL THAT TIME. UM, BUT I, YOU MAY NOT REMEMBER HOW TO DO THIS, BUT IF WE HAVE HANDOUTS, HOW DOES THAT WORK? . JUST A INK JET. YEAH. INK . UM, WELL GOOD EVENING. UH, UM, MAYOR, COUNCIL, MR. CITY MANAGER. UM, GOOD EVENING. MY NAME'S RAUL ALVAREZ AND I'M SPEAKING FOR, UH, GO VALLEY, JOHNSON TERRACE. NEIGHBORHOOD PLAN, CONTACT TEAM. I MEAN, ORIGINALLY BECAUSE OUR CHAIR COULDN'T BE HERE, BUT THIS MEETING'S GONE SO LATE. SHE IS HERE AND SHE WILL SPEAK AS WELL. UM, AND THEN ALSO KIND OF THE EAST AUSTIN CONSERVANCY KIND OF WEARING A COUPLE HATS, BUT I'M NOT WEARING THE HAT OF MY DAY JOB 'CAUSE I DID TAKE A HALF DAY SO THAT TWO OF YOUR BOARD MEMBERS THAT ARE ON MY BOARD , UH, KNOW THAT I'M OFF THE CLOCK. RIGHT? UM, AND I DON'T USUALLY TESTIFY IN FRONT OF COUNSEL. WHEN I DO, IT'S USUALLY BECAUSE THERE'S SOMETHING BAD ABOUT TO HAPPEN, RIGHT? IF YOU ALL KNOW THE, THE SHOW LOST IN SPACE, YOU KNOW, THERE'S A ROBOT THAT PROTECTS YOUNG WILL ROBINSON AND HE GOES, DANGER WILL ROBINSON, DANGER WILL. AND I THINK I ONLY ABOUT A THIRD OF YOU PROBABLY GOT THAT, UH, THAT REFERENCE. I HOPE IT'S AT LEAST A THIRD . BUT, UH, WELL ANYWAY, SO, SO JUST TRY TO BRING, UH, YOU KNOW, AS A DASHBOARD PERSON, RIGHT, THERE'S A RED LIGHT LINK IN AND JUST WANNA BRING SOME THINGS TO YOUR ATTENTION. UH, REGARDING THE HANDOUT. YOU KNOW, THE TOP PAGE IS AN ONLINE PETITION AGAINST, UH, DB 90 IN CENTRAL EAST AUSTIN, NOT REALLY AGAINST DB 90. IT'S FOR POSTPONING, UH, THE DB 90 CASES. UM, AND YOU CAN SCAN THE QR CODE THERE TO SEE WHAT THE ACTUAL NUMBER OF PETITIONS ARE. THERE'S 262 WHENEVER I LOOKED AT IT LAST. UM, BUT I'M SPEAKING IN FAVOR OF A MORATORIUM FOR THIS EAST AUSTIN CASES FOR, UH, UM, FOR A COUPLE OF REASONS, RIGHT? UM, 'CAUSE THE CONSERVANCY DOESN'T REALLY TAKE SPECIFIC, UH, POSITIONS ON ZONING CASES, BUT WHEN THERE ARE POLICY CONSIDERATIONS THAT COULD AFFECT DISPLACEMENT AND GENTRIFICATION, YOU KNOW, THAT'S REALLY WHAT WE'RE HERE TO RAISE, UM, TO YOUR ATTENTION. BUT IN THE ATTACHED PETITION, THE, UH, THERE'S AN ACTUAL PROJECT LIST. SO IF YOU, YOU KNOW, THE COVER PAGE IS THE PETITION, AND THEN THE BACKSIDE IS THE LIST OF PROJECTS. AND THERE ARE OVER 20 DB 90 CASES IN CENTRAL EAST AUSTIN, AND I THINK HALF OF THEM ARE ON THIS AGENDA. UM, SO THERE, AND THAT'S ABOUT HALF OF ALL THE CASES DB 90 CASES THAT ARE CURRENTLY ACTIVE. SO THERE IS A DISPARATE IMPACT THAT IS BEING BORN BY CENTRAL EAST AUSTIN RESIDENTS THAT NEEDS TO BE ASSESSED AND ADDRESSED BEFORE YOU PROCEED. YOU KNOW, WITH ANY OF THESE CASES, IT SEEMS LIKE LET'S LOOK AT THESE HOLISTICALLY AND NOT JUST, YOU KNOW, ONE AT A TIME, WHICH ALSO TAKES A LOT MORE TIME. I, I WOULD ARGUE, UM, [06:55:02] AND I WOULD ALSO ASK YOU TO LOOK AT THAT PROJECT LIST. YOU KNOW, ON THE TABLE YOU'LL NOTE THAT PLANNING COMMISSION HAS SUPPORTED ALL THE DB 90 CASES AND PLAN PLANNING STAFF HAS SUPPORTED ALL BUT ONE, I MEAN, THIS SUGGESTS THAT THERE'S NO REAL VETTING OF THE CASES HAPPENING. BY THE TIME THESE CASES REACH YOU, MOST OF THE ISSUES AND POINTS OF CONTENTION SHOULD HAVE BEEN IRONED OUT. THE REVIEW PROCESS SHOULD GET YOU PRETTY CLOSE TO A RESOLUTION OF MOST CASES. BUT RIGHT NOW, THERE IS A WIDE GULF BETWEEN WHERE THE COMMUNITY IS AND WHAT THE SYSTEM IS PUTTING IN FRONT OF YOU TO CONSIDER ON THESE CASES. SO TO PUT IT NICELY, UH, THE PROCESS IS NOT SERVING YOU WELL, AND THAT IS GOING TO PUT YOU ALL IN A VERY DUBIOUS POSITION, POLITICALLY SPEAKING, ON A VERY FREQUENT BASIS. UM, BECAUSE YOU'RE GONNA GET A BARRAGE OF THESE, YOU KNOW, YOU THINK THIS IS A LOT, THEY'RE JUST GONNA KEEP COMING. BUT OF COURSE, WE ALL ASSESS POLITICAL RISK DIFFERENTLY. SO LEAVE THAT FOR YOU TO DECIDE. NOW, IF YOU LOOK AT ALL THE CASES IN WHICH PLANNING STAFF AND PLANNING COMMISSION ARE SUPPORTIVE OF DB 90, THEN IT APPEARS ALMOST ANY SITE IN EAST AUSTIN IS GAME, RIGHT? BECAUSE THEY HAVEN'T SAID NO TO ONE SITE EXCEPT ONE. UM, SO IF YOU LOOK AT 'EM AT THE SAME TIME, THEY ARE SO DIFFERENT FROM EACH OTHER, AND YET THE RECOMMENDATION IS THE SAME. LET'S GO FORWARD WITH THE DB 90. THAT DIDN'T SOUND LIKE GOOD PLANNING TO ME. UM, PLANNING STAFF AND PLANNING COMMISSION HAVE EVEN RECOMMENDED DB 90 DESIGNATIONS ON SEVERAL STREETS THAT HAVE ONE LANE GOING EACH WAY EAST. SAYS OUR JVE EAST SECOND STREET, GONZALES STREET, SHADY LANE, MAINOR ROAD RIGHT THERE AT LAFAYETTE, WHERE THEY'VE KIND OF PINCHED THAT STREET, YOU KNOW, TO JUST A COUPLE OF NARROW LANES. SAME THING ON 38 AND A HALF STREET, RIGHT WHERE CHERRYWOOD COFFEE IS. IT KIND OF GOT PINCHED, UH, NEAR MAPLEWOOD. THERE'S ALSO ONE A CASE RIGHT THERE ON THAT, UM, CORRIDOR. SO IT SEEMS LIKE THERE'S ALSO A TRANSPORTATION ANALYSIS THAT'S NEEDED ON THESE PROJECTS BEFORE WE PROCEED. ANOTHER TROUBLING DYNAMIC THAT HAS UNFOLDED REALLY, UM, IS THAT STAFF IS TELLING APPLICANTS THAT EVEN IF THEY WANNA NEGOTIATE WITH THE NEIGHBORS, AND IN SOME CASES SOME OF THE APPLICANTS EXPRESS AN INTEREST IN BEING LIMITED TO 75 FEET, BUT CITY STAFFS TELLING THEM, NO, THAT'S NOT POSSIBLE FOR THIS, FOR THIS ZONING OR WHATEVER THIS THING IS, IT'S A FIGHT IN ZONING. YOU COULD NEGOTIATE HEIGHT, BUT FOR THIS PARTICULAR DESIGNATION, THERE IS NO NEGOTIATING ON THE HEIGHT. BUT IF THERE'S A CHANCE FOR A WIN-WIN, AGAIN, THERE'S A DISCONNECT THERE. I'M NOT SURE WHY THAT'S NOT POSSIBLE. SO THIS IS THE REASON MORE TIME IS REQUIRED THROUGH A MORATORIUM OR POSTPONEMENT. NOW'S THE TIME TO SET CLEAR PARAMETERS ABOUT HOW THESE CASES SHOULD BE ADJUDICATED AGAIN, OR YOU'LL BE DEBATING MULTIPLE CASES EACH WEEK FOR THE FORESEEABLE FUTURE AND JUST BE IN THE KIND OF HAVING BEEN IN YOUR SHOES, RIGHT? AND HEARD A LOT OF COMPLAINTS. YOU KNOW, UH, I NEVER FAILED TO COME FORWARD WITHOUT SOLUTIONS. UM, AND SO HERE'S A COUPLE OF THINGS THAT COULD HELP, AND THIS IS WHY THE POSTPONEMENT REQUEST, RIGHT? 'CAUSE IF WE'RE GONNA FIND A, A POLICY SOLUTION, IT'S GONNA TAKE MORE THAN TWO WEEKS, RIGHT? TO REALLY IMPLEMENT IT OR GET IT ON AN AGENDA. BUT THE FIRST ONE IS TO ALLOW FOR REDUCTION OF HEIGHTS TO 75 FEET FROM 90 FEET, RIGHT? I DON'T KNOW IF THAT MEANS TWEAK DB 90 OR CREATE DB 75 WHERE ALL YOU DO IS CHANGE THE 90 TO 75. UH, IT DOESN'T SEEM LIKE, AGAIN, IF THE APPLICANT IS AMENABLE TO IT, WHY SHOULD, WHY, WHY, WHY CAN'T THAT BE AN OPTION? UH, PREVIOUSLY, AGAIN, SINCE IT'S TALKED ABOUT LIKE DV 90 WAS SUPPOSED TO REPLACE VMU, WELL, WHEN VMU CASES WERE CONSIDERED, THERE WERE SPECIFIC CORRIDORS WHERE VMU COULD HAPPEN, RIGHT? AND FOR EACH, FOR OUR NEIGHBORHOOD AREA, IT WAS SEVENTH STREET AIRPORT BOULEVARD AND RIVERSIDE DRIVE. SO FOR SOME REASON, EVEN THOUGH THAT WAS THE, UM, THAT WAS THE WAY VMU WAS HANDLED. NOW WE'RE SAYING DB 90 CAN GO ANYWHERE WHERE THERE'S AN MU. SO AGAIN, THERE'S JUST VERY STRANGE, UM, INTERPRETATION OF, OF, UM, UH, OR TRANSLATION OF VMU TO DB 90. SO AGAIN, JUST HONOR WHAT WAS HAPPENING BEFORE. IF THEY WERE, IF VMU WAS ONLY ALLOWED ON CERTAIN CORRIDORS, LET'S JUST HAVE DB 90 ON THOSE CORRIDORS. PARDON? AND THEN THE FINAL, THE FINAL THING IS, UM, IS THIS WHOLE ISSUE OF DB 90 ON ROADS THAT ARE ONE LANE EACH WAY, RIGHT? TWO LANES, BUT ONE IN EACH DIRECTION. UM, SO AGAIN, IN THESE, IN THESE SITUATIONS, YOU KNOW, AGAIN, MAYBE YOU COULD HAVE GREATER SETBACKS OR COMPATIBILITY STANDARDS, RIGHT? IT JUST SEEMS LIKE THESE ARE, THESE ARE KIND OF SOME, UM, THESE ARE SOME ISSUES THAT HAVE ADDRESSED, COULD REALLY ADDRESS, UM, COULD HELP US, UM, DEAL WITH THESE CASES IN A HOLISTIC WAY AND [07:00:01] NOT HAVE TO, UM, HAGGLE WITH THE APPLICANTS AND THE PLANNING COMMISSION AND THE CITY COUNCIL EVERY TIME ONE OF THESE COMES UP. SO, UH, WOULD APPRECIATE YOUR SUPPORT ON THE POSTPONEMENT, AND AGAIN, TRYING TO FIND TWO OR THREE, I THINK, POLICY SOLUTIONS THAT COULD REALLY ADDRESS PROBABLY THREE FOURS, IF NOT MORE OF ALL THESE CASES. SO APPRECIATE YOUR TIME, APPRECIATE YOUR SERVICE. UM, AND THANKS FOR THE OPPORTUNITY. WE'RE MOVE TO REMOTE SPEAKERS. WE'RE DREW ZAKI ON ITEM ONE 90. HI, UH, MY NAME'S DREW Z. UH, I'M CHAIR OF ZONING NEIGHBORHOOD ASSOCIATION, AS WELL AS RESIDENT DEVELOPMENT ISSUE. UM, HOPEFULLY YOU HAVE IN FRONT OF YOU THE HANDOUTS THAT I PREPARED AND SHOW SOME MORE DETAIL HERE. BUT, UH, THIS MATTER SHOULD BE POSTPONED AT LEAST BECAUSE OF THE RESIDENTS OF THAT INSUFFICIENT INFORMATION, CONSIDERING THE IMPACT OF THE REZONING, ESPECIALLY REGARDING THE TRAFFIC AND SAFETY. UM, I CAN SAY THAT THIS, BECAUSE I'VE BEEN HUNTING DOWN SOME INFORMATION FOR MONTHS, UH, DISCUSSIONS WITH PLANNING STAFF AUSTIN TRANSPORTATION DEPARTMENT, CITY COUNCIL MEMBERS, RIE AND ALTER'S OFFICE, AND THROUGH MULTIPLE INFORMATION REQUESTS, AND I'VE GOT NO EXPLANATION AS TO HOW THE DEVELOPER SITE PLAN, WHICH HAS ALREADY BEEN APPROVED BY THE CITY, CAN BE COMPLIANT, UM, WITH THE TRAFFIC AND SAFETY REGULATIONS, ESPECIALLY CONSIDERING, UH, THE CORRIDOR IMPROVEMENT CONSTRUCTION PROJECT IS ALSO OCCURRING WITHIN 200 FEET OF THE SITE. AND TO PUT A FINER POINT ON IT, UM, IT SHOWS IN MY SLIDE SEVEN IF YOU HAVE IT, UH, THE CITY'S RESPONSE TO MY, UH, INFORMATION REQUEST. UH, I REQUESTED ALL DOCUMENTS REFLECTING THESE VARIOUS DEPARTMENTS REVIEW OF THE SITE PLAN THAT WAS SUBMITTED BY THE APPLICANT, UM, THAT OCCURRED AFTER THE DATE OF THE APPLICATION. AND YOU'LL SEE IT GETS ME A RESPONSE THAT SAYS THERE'S NO RESPONSIVE INFORMATION. UM, THERE'S A LINK TO A FOLDER, UM, ON THE A BC CONNECT, YOU OPEN THE FOLDER. YOU KNOW, NOT ONE DOCUMENT, YOU KNOW, HAS A DATE. THAT'S, UH, IN THE YEAR OF 2024. UM, SO IT, IT, YOU KNOW, MUCH LIKE THE, THE LAST SPEAKER SAID, THERE DOESN'T SEEM TO HAVE BEEN, YOU KNOW, ANY REVIEW. UM, BUT THIS ONE IN, IN PARTICULAR, UM, SO ANOTHER DOCUMENT REQUEST. I REQUESTED, UM, INFORMATION ABOUT WHAT, THERE'S A PROPOSED DESIGN ACROSS THE STREET FROM THE SITE. IT'S CALLED MARY POCKET GREEN. AND I RECEIVED THE DOCUMENT DUMP ABOUT MARY DAWSON PARK, EVEN THOUGH I ATTACHED THE, THE DESIGN DOCK. UM, YOU KNOW, I'M NOT SAYING I'M NECESSARILY BEING MESSED WITH HERE. HOWEVER, UM, THE FACT REMAINS THAT THESE, LIKE, THESE ARE GAME CHANGING APARTMENT COMPLEX. UM, WE'RE JUST TRYING TO FIGURE OUT WHAT'S BEING PROPOSED, HOW IT MIGHT BE COMPATIBLE WITH THE AREA, AND WE JUST DON'T GET ANY INFORMATION BACK. SO, OR AT LEAST THAT REASON, UH, I'D LIKE THIS, UH, UH, TO BE, UH, POSTPONED. THANK YOU, SPEAKER. NEXT WE HAVE RUTH CASRE ON ITEM TWO 10. YOU HAVE THREE MINUTES. RUTH. RUTH, ARE YOU THERE? WE'LL TRY THE SPEAKER AGAIN. NEXT, WE'LL MOVE ON TO, UM, BACK IN PERSON. WE'VE GOT BRAD MASSENGILL WHO'S HERE. WE'VE GOT 1 69, 1 71 81, 180 3, 180 4, 1 91, 180 7, 1 98, 2 10 POSTPONEMENT ITEMS, 1 71, 1 77, 1 94, 1 96 TOTALING 39 MINUTES. WE HAVE, UM, VALERIE MENARD ON DECK. I'M DEFINITELY NOT GONNA RAMBLE FOR 40 MINUTES. SO, UM, I'M BRAD MASSENGILL. LEMME CHANGE MY EYEBALLS HERE. UM, I'M, I'M, UH, IN DISTRICT THREE. UH, I REPRESENT THE BIRD STREETS AT PLEASANT HILL AND, UH, THE FRIENDS OF MYSTERY CREEK. I'M A BOARD MEMBER OF THE SOUTH AUSTIN CREEK ALLIANCE. UM, I'M GONNA GO AHEAD AND GO A LITTLE BIT OF OUT OF ORDER BECAUSE, UM, ITEM TWO 10 IS ONE I'M HERE TO TALK ABOUT AND I WANT TO ADDRESS THE DB 90 CASES AS WELL. UM, IT'S JUST KINDA THE WAY I'VE WR WRITTEN THINGS HERE, SO, UH, APPRECIATE THAT. UM, IT'S WORTH REMINDING Y'ALL, THE BIRD STREET NEIGHBORHOOD STILL HAS A VALID [07:05:01] PETITION ON THE BOOKS CONCERNING CASE C 20 DASH 2024 DASH 0 11 5400 SOUTH CONGRESS AVENUE PROJECT. UM, MORE DENSE RESIDENTIAL, UH, WITHOUT AMENITIES IS GOING TO BE NOTHING BUT HEADACHES FOR EVERYBODY INVOLVED. MY NEIGHBORHOOD ON SOUTH CONGRESS CORRIDOR NEAR STANE HAS ONE GROCERY STORE THAT'S A STRENUOUS HIKE OVER A MILE AWAY FOR ANYONE LIVING ON THE WEST SIDE OF CONGRESS AVENUE. WE NEED MORE SMALL BUSINESSES TO CATER TO THE NEEDS OF RESIDENTS, NOT MORE RESIDENTS WITH NO PLACE TO SHOP, EAT, OR PLAY. I KIND OF UNDERSTAND WHAT'S BEING ASKED FOR HERE, BUT WHAT THE EMPHASIS, IMPETUS BEHIND THE CHANGES. UM, WHO BROUGHT THIS UP? WHERE'S THE NEED FOR THIS CHANGE ORIGINATING? BESIDES THIS HUGE EFFORT IT TAKES TO TRY TO FIND THE STUFF OUT AMONGST THE TINY TYPE AND BLUE NUMBERS AND DARK TYPE ON THE WA WEBSITE, THERE'S NOTHING TO INDICATE WHAT FORCES INTERNALLY OR EXTERNALLY HAVE PREDICATED, PRECIPITATED THE REQUEST FOR THESE CHANGES TO THE DB 90 ORDINANCE. REMOVING 75% RETAIL REQUIREMENTS FOR DOWNSTAIRS BUSINESSES ON THESE NEW HIGH RISES SEEMS COUNTER TO THE VERY MANDATE THAT BROUGHT THEM INTO BEING TO BEGIN WITH. THE MANDATE BEING, TO MY UNDERSTANDING, TO CREATE MORE WALKABLE CITY BY SUPPLYING RETAIL COMMERCIAL SPACES CLOSE TO RESIDENTIAL UNITS, UNITS ON TRANSPORTATION CORRIDORS. I WAS UNDER THE IMPRESSION THAT STACKING PEOPLE ON TOP OF BUSINESSES WAS THE ENTIRE END GAME. THE BUSINESSES WOULD HAVE BUILT-IN CLIENTELE AND IN TURN, THE RESIDENTS WOULD HAVE USEFUL AMENITIES THAT THEY WOULDN'T HAVE TO LEAVE THE PREMISES TO UTILIZE AMENITIES THAT ARE ADJACENT TO NEIGHBORHOODS COULD EXTENSIVELY AVAIL THEMSELVES OF POSSIBLY EVEN OPERATING THE OPPORTUNITY TO AFFECTED NEIGHBORHOOD RESIDENTS TO OPEN BUSINESSES WITHIN WALKING BUSINESS, BUS, WALKING, BUSINESS DISTANCE. EXCUSE ME. THESE CHANGES MAKE NO SENSE AND ARE COUNTER TO DENSITY MANDATE Y'ALL PROCLAIM TO BE FOLLOWING. IT FEELS LIKE THE PASSAGE OF THE ORIGINAL DB 90 ORDINANCE WAS SO RUSHED. THE COUNCIL DIDN'T TAKE TIME TO SEE IF APPLICANTS WERE WILLING TO USE THE ORIGINAL TEMPLATE. THE PUBLIC WAS SOLD. IF I HAD TO GUESS, WHICH IS ANY, ALL ANY CITIZEN CAN DO THIS. SWEETENING OF THE POT IS TO MAKE DEVELOPERS MORE INCLINED TO BUY INTO A PROGRAM THAT IS ALREADY, THAT ALREADY HAS UNOCCUPIED, GROUND FLOOR, COMMERCIAL RETAIL SPACE, AND VACANT RESIDENTIAL UNITS ALL OVER TOWN. THE FIRST THREE MONTHS RE RENTAL IS COMMON WITH THESE APARTMENTS ON THE TOP, SHOPS ON THE BOTTOM TYPE OF PROPERTIES. IT AIN'T WORKING. THE DB 90 MODEL SEEMS JUST AS BROKEN AS ITS PREDECESSOR. B-M-U-A-K-A AFFORDABILITY UNLOCKED IT'S HALF THOUGHT OUT RUSHED WITH A MYO APPROACH TO TRANSPORTATION AND TRULY AFFORDABLE HOUSING. I'VE SPOKEN WITH COUNTY, COUNTLESS CITY EMPLOYEES WHO DO NOT HAVE THE TOOLS STAFF ARE FUNDING TO PURSUE THESE MANDATES. ORDINANCES AND AMENDMENTS TO THEM ARE AN AFTERTHOUGHT AT BEST. THE RUSH TO GETTER DONE IS CAUSING OUR OVERBURDENED CITY STAFF TO MAKE MISTAKES. THEY'RE FORWARDING HALF-BAKED POLICIES FOR CITY APPROVAL. IF I'M NOT MISTAKEN, THIS TWEAKED THE CODE THAT'S ITEM TWO 10 WAS PUT TOGETHER BY THE SAME CASE MANAGER THAT DRAFTED THE ORIGINAL DB 90 ORDINANCE WHO ASKED TO TWEAK IT. AND WHY WAS THAT? THE MAYOR, A CITY DEPARTMENT SELF-GENERATED INSIDE PLANNING AND ZONING. WHO KNOWS? I DON'T KNOW WHO'S TRYING TO PROP UP THESE TOWERS WITH AFTERMARKET FIXES TO A MEDIOCRE CODE. IT'S LIKE MAGIC WISH THE CITIZENS HAD A BIT OF THAT PIXIE DUST TO SPRINKLE IN OUR PROBLEMS TO MAKE THEM GO AWAY. IT FEELS LIKE A BAIT AND SWITCH SCHEME MORE THAN FIXING A MINOR PRO MINOR PROBLEM. THE CONCEPT OF DENSITY IS INVALID WITHOUT AMENITIES CLOSE AT HAND. THESE CHANGES WILL ALSO LEAD TO MORE COMMUTER TRAFFIC IN OUR NEIGHBORHOODS. AS A LOSS OF GROUND FLOOR RETAIL WOULD ENTAIL MORE RESIDENTIAL UNITS TO BE GIVEN DB 90 TO, TO ANY GIVEN DB 90, DEPENDING ON THE SIZE OF THE PROJECT TYPE OF UNITS INVOLVED, THAT WOULD BE ANYWHERE FROM 15 FIVE TO 15% INCREASE IN TRAFFIC. WHEN I ALSO ASK TO ASK IF THESE CHANGES ARE APPROVED, HOW ANY OF THE GROUND FLOOR HYBRID UNITS FIT IN WITH THE AFFORDABILITY REQUIREMENTS OF DB 90 ORDINANCE, WOULD THE NEW SITE PLANS HAVE TO BE SUBMITTED RESUBMITTED? THERE ARE A LOT OF UNANSWERED QUESTIONS. IT WAS WORTH POINTING OUT. THE BACKUPS DON'T SHOW ANYTHING TO JUSTIFY [07:10:01] THESE CHANGES. THEY JUST TELL US WHAT THE CHANGES ARE GOING TO BE. UM, I'M GONNA SWITCH GEARS HERE. UM, I'M, I'M TOTALLY IN SOLIDARITY WITH, WITH ALL THE FOLKS HERE WITH THESE DB NINETIES THAT ARE BARRELING DOWN ON THEM. UH, OUR NEIGHBORHOOD HAD THE DUBIOUS DISTINCTION OF BEING THE FIRST TO RECEIVE A DB 90. UM, AND THAT THAT'S WHY THESE CHANGES ARE BEING APPLIED TO US AND THREE OTHER DB NINETIES THAT ALREADY PASSED TO TRY TO GET THEM IN ALIGNMENT WITH THE NEW CHANGES THAT Y'ALL HAVE PASSED. BUT THIS MAKES NO SENSE TO ME. UH, IT DOES SEEM LIKE A BAIT AND SWITCH. LIKE WE'RE, WE'RE OFFERED ONE THING WITH NEIGHBORHOOD AMENITIES AND WE ARE A FOUR BLOCK AREA AND NOW THAT IT'S GONNA CUT THAT IN HALF. UM, HAVING SAID THAT, UM, I WANT TO TAKE A MINUTE TO TALK TO Y'ALL ABOUT THE NOTIFICATION PROCESS AND, UH, WITH, WITH PLANNING AND ZONING, I THINK IT'S IMPORTANT THAT Y'ALL UNDERSTAND THE NATURE OF THE NOTIFICATIONS THAT ARE BEING SENT OUT AND THE FRUSTRATION LEVEL THAT MANY OF US ARE FEELING DUE TO THE FACT THAT THESE NOTIFICATIONS SEEM TO BE DESIGNED TO FRUSTRATE WOULD BE PARTICIPANTS IN THIS IMPORTANT MUNICIPAL PROCESS. THE HUGE PACKET SENT TO US BY PLANNING AND ZONING IN REGARDS TO THESE AMENDMENTS. THE FIRST ONE CAME IN THE MAIL ON WEDNESDAY, JULY 3RD. ACCORDING TO THE POSTMARK, IT WAS MAILED THE PREVIOUS FRIDAY, AUGUST 28TH. SINCE THE 4TH OF JULY WAS ON A THURSDAY THAT LEFT FRIDAY, JULY 5TH AND MONDAY JULY 8TH FOR US TO INQUIRE AS TO WHAT THIS WAS ALL ABOUT. THIS IS TYPICAL FOR PLANNING AND ZONING. WE RE ROUTINELY RECEIVE NOTICES ON IN FRIDAY AFTERNOON'S, MAIL AFTER CITY BUSINESS HOURS. BY THE TIME CITY OPENS, AGAIN, A FULL FIVE OR SIX DAYS OF NOTIFICATION PROCESS, TIME HAS ELAPSED. THIS LEAVES VERY LITTLE TIME FOR NEIGHBORHOODS TO RESPOND, ESPECIALLY SINCE THE BACKUPS AREN'T POSTED UNTIL THE FOLLOWING FRIDAY, WHEN AGAIN, CITIZENS HAVE TO WAIT UNTIL MONDAY THE DAY BEFORE THE MEETING THE NOTICE WAS ISSUED. FOR, TO ASK STAFF ANY QUESTIONS OR TO ORGANIZE YOUR NEIGHBORHOOD. IT'S NOT ENOUGH TIME FOR US TO PREPARE COMMISSIONERS EVEN COMPLAIN ABOUT IT. BESIDES ALL THAT, THE DOCUMENTS SENT OUT CLAIMS TO BE A NOTIFICATION, BUT IN ACTUALITY, IT'S A NOTIFICATION OF A NOTIFICATION. AND IF ONE DOESN'T KNOW HOW TO FIND THE NOTIFICATION, ONE WOULD NEVER KNOW ABOUT THE NOTIFICATION 'CAUSE IT AIN'T THERE. ON THE THIRD PAGE OF THE MAILER, ON THE FOURTH PARAGRAPH AT THE VERY BOTTOM IN THE CITY OF AUSTIN, WEB ADDRESS, ONE TO GO ONE GOES TO YOU FOR THE ACTUAL NOTIFICATION. THERE'S A LINK THAT TAKES YOU TO ONE, TAKES ONE TO THE PLANNING COMMISSION PAGE, SOMEWHERE IN THE MIDDLE OF ALL THAT. AND THEN THE TINY LETTERS, IT SAYS, VIEW AGENDA, APPROVED MINUTES SUPPORTING DOCUMENT. SOMEHOW FROM THIS FOURTH PARAGRAPH, CITIZENS ARE SUPPOSED TO KNOW ALL THE INFORMATION ABOUT GOING TO THE THIRD PAGE, FINDING THE FOURTH PARAGRAPH AT THE BOTTOM OF PAGE, GOING TO LINK. IF YOU KNOW IT'S THERE, THEN TAKE THAT LINK TO THE PLACE YOU NEED TO GO TO FIND OUT ABOUT THE AMENDMENT AND HOW TO PARTICIPATE IN THE PROCEEDINGS. THAT SOUNDS COMPLICATED. IT'S 'CAUSE IT IS. THIS IS UNACCEPTABLE. FURTHERMORE, THE QR CODE AT THE BOTTOM OF THE PAGE LEADS ONE TO A WHOLE QUEUE OF EVERYTHING, EVERYTHING THAT PLANNING ZONING IS WORKING ON RIGHT NOW. IT SAYS IT'S TO TAKE YOU TO THE INFORMATION ABOUT THE CODE, THE CASE THAT YOU'RE BEING SENT, THE NOTIFICATION FOR. WHEN I ASKED STAFF ABOUT THIS, THEY TOLD ME THIS IS THE BEST THEY CAN DO. THEY SENT US, ALTHOUGH THEY'D SENT US DOZENS OF PAGES OF DOCUMENTATION, WHAT ARE THEY TALKING ABOUT? THEY SAY THEY CAN'T DO ANYMORE WITH THE TOOLS THEY HAVE. MY QUESTION TO Y'ALL IS, WITH ALL THIS VERBIAGE AND PAPERWORK, WHY CAN'T THE NOTIFICATIONS BE AT THE TOP OF THE NOTIFICATION? WHY CAN'T THE QR CODES AND LINKS FOR THE ACTUAL PLACES WE'RE ASKED TO GO BE SUPPLIED IN THE TEXT OF THESE NOTIFICATIONS? AND MAYBE MOST IMPORTANTLY, WHY CAN'T THE NOTIFICATIONS THEM IN THEMSELVES INCLUDE THESE NOTICES AND WHAT THEY'RE ABOUT? INSTEAD OF MAKING EVERY CITIZEN GO TO THROUGH ALL THIS WORK THAT MAY OR MAY NOT BE ABLE TO DO DUE TO DISABILITY, AGE, TIME CONSTRAINTS, LACK OF INTEREST, LACK OF KNOWLEDGE, OR ANY NUMBER OF REASONS. Y'ALL NEED TO DO BETTER JOB ABOUT SUPPLYING THIS INFORMATION TO US UPFRONT. WE SHOULDN'T HAVE TO DO ALL THE HOMEWORK FOR YOU. THESE ARE PHYSICAL PIECES OF PAPER BEING SENT TO US. THERE'S NO REASON ON EARTH. YOU CAN'T INCLUDE THE SAME ONE PARAGRAPH GRAPH EXPLANATION I GOT FROM THE CASE MANAGER [07:15:01] I TALKED TO ON THE PHONE AFTER CHASING HIM DOWN. I GOT A ONE CONCISE, ONE PARAGRAPH DESCRIPTION OF WHAT THIS WAS ABOUT THAT COULD HAVE EASILY BEEN INCLUDED IN THIS IN ALL COMMUNICATIONS FROM PLANNING AND ZONING AS TO WHAT THESE NOTIFICATIONS ARE. I DON'T KNOW IF Y'ALL EVER SEEN THEM. THEY'RE GENERIC. THEY SAY THIS IS A NOTIFICATION TO TELL YOU THERE'S SOMETHING GOING ON IN YOUR NEIGHBORHOOD. DIVE INTO THE CITY WEBSITE AND FIND OUT FOR YOURSELF. IT DOESN'T HAVE ANY, ANY INFORMATION WHATSOEVER AS A BASIC COURTESY, THESE NOTIFICATIONS SHOULD INCLUDE ONE PARAGRAPH DESCRIPTION OF WHAT IT IT'S ACTUALLY ABOUT SO PEOPLE CAN MAKE A JUDGMENT AS TO WHETHER IT'S WORTH SPENDING THEIR TIME GOING THROUGH ALL THE EFFORT. ONE LAST THING, JUST FINDING OUT HOW TO SIGN UP FOR ZONING CASE HEARINGS IS VIRTUALLY IMPOSSIBLE IN THE SHORT PERIOD OF TIME, ESPECIALLY FOR SOMEONE WITH VISION IMPAIRMENT SUCH AS MYSELF. THERE'S NOTHING IN THE ORIGINAL COMMUNICATION SENT TO US THAT HAS A DIRECT LINK TO THE SIGNUP PAGE. AGAIN, THE LINK SENDS ONE TO ANOTHER PAGE WHERE ONE NEEDS TO KNOW WHAT TO LOOK FOR TO FIND THE LINK TO THE ACTUAL SIGNUP PAGE. IF ALL THIS SOUNDS REDUNDANT AND CONFUSING, IT'S BECAUSE IT IS, IT FEELS VERY MUCH LIKE A BARRIER SET UP TO WEED OUT ALL BUT THE MOST DETERMINED CITIZENS. THAT SEEMS TO BE A BIG PART OF PLANNING AND ZONING'S JOB WHEN IT COMES TO CITIZEN PARTICIPATION IN THE WHOLE CODE AMENDMENT PROCESS AND THE LAND USE LAW AS IT PERTAINS TO OUR NEIGHBORHOODS IN GENERAL, OBFUSCATION. IF CITIZENS DON'T KNOW ABOUT IT, THEY CAN'T COMPLAIN ABOUT IT. THAT FEELS LIKE PLANNING AND ZONING'S PRIMARY MISSION AT THIS POINT SEEMS LIKE A FAILURE OF SPIRIT AND LIKE THEY'RE TURNING THEIR BACK ON TOWN. Y'ALL NEED TO CLEAN THE HOUSE AND GET THIS PROCESS IN ORDER. THIS IS NOT THE WAY DEMOCRACY WORKS. LET US KNOW WHAT'S GOING ON BETTER FIX THESE NOTICES. AND PLEASE BE CAREFUL WHAT YOU'RE DOING. THIS IS THE ONLY AUSTIN WE'VE GOT. UH, UH, THIS IS SERIOUS. I KNOW Y'ALL BEEN SEEING THE FRUSTRATION WITH ALL THE CITIZENS IN THIS TOWN AND YOU THINK IT'S US AND IT'S THIS, A LOT OF IT IS THIS. AND I KNOW Y'ALL DON'T WANT THESE MEETINGS TO BE ANY LONGER THAN THEY HAVE TO, BUT THESE NEED THESE NOTICES GOING OUT PROPERLY AND LETTING PEOPLE WHAT KNOW WHAT WAS GOING ON. THEY WOULD DEFINITELY BE LONGER 'CAUSE THERE WOULD BE TWICE OR THREE TIMES AS MANY PEOPLE PARTICIPATING IN THESE THINGS. THIS IS, THIS IS SHAMEFUL. UM, I, I WANT Y'ALL TO DO SOMETHING ABOUT THIS AND WORK WITH PLANNING AND ZONING TO GET THESE NOTIFICATIONS UP TO SNUFF. AND AGAIN, I SUPPORT ALL THESE, UH, POSTPONEMENTS. I HOPE Y'ALL POSTPONE THIS THING ON THE ON TWO 10 AS WELL. UH, WE NEED A LOT MORE TIME TO TALK ABOUT THESE THINGS. APPRECIATE Y'ALL'S TIME. VALERIE MENARD ON ITEMS 180 1 1 9 7 1 98 POSTPONEMENT ITEMS 1 71, 1 77, 1 78 202 0 1 TOTALING 24 MINUTES. GOOD EVENING, COUNSEL. I'VE BEEN HERE SINCE 10 AND MY SPEECH SAID GOOD MORNING. SO, OKAY, GOOD EVENING. UH, SO MY HEAD'S SPINNING A LITTLE BIT, UM, KIND OF A NEO FIGHT WITH THIS, UM, THIS, THIS TIME. I KIND OF WISH SUSANNA COULD BE HERE TO KIND OF GIMME SOME DIRECTION. KNOW, Y'ALL KNOW SHE CAN'T BE HERE TODAY, BUT I'M GONNA CHANNEL HER. I'M GONNA HAVE TWO WEAR TWO HATS TODAY, BUT I'M REALLY CONFUSED AND I DON'T KNOW IF I CAN INDULGE AND ASK STAFF TO CLARIFY FOR ME WHICH OF THE REQUESTS FOR POSTPONEMENTS Y'ALL ARE CONSIDERING AND WHICH WILL HAVE BEEN DENIED. AND Y'ALL ARE JUST GONNA GO AND APPROVE ON CONSENT. WOULD IT BE POSSIBLE FOR ME TO GO THROUGH THAT? I HAVE 24 MINUTES. ITEM ONE. WHAT ONE, ONE ARE YOU, ARE YOU MOST INTERESTED IN? SO I DON'T HAVE TO CALL OUT EVERYTHING, WHICH, WHICH ONE? NO. UH, SO I HAVE YES. TELL ME WHICH ONE YOU WANT. 1 71. 180 1 1 71 IS A POSTPONEMENT TO SEPTEMBER 12TH IS THE REC, IS THE CONSENT ITEM. OKAY, SO THAT'S GOOD. AND THEN 180 1. 180 1 IS, UH, TO BE VOTED ON THE MERITS ON ALL THREE READINGS. SO THAT WAS NOT POSTPONED? NO. OKAY. 1 78. SO 1 77, 1 78. BOTH, UH, ARE, ARE BEING RECOMMENDED FOR POSTPONEMENT TO OCTOBER 10TH, BUT THOSE WILL BE, UH, POSTPONED. OKAY. THANK YOU. UH, 1 97 CONSENT ON ALL THREE READINGS. THAT'S NOT GONNA BE OKAY. 1 98, SAME THING. 200 THE POSTPONEMENT TO SEPTEMBER 26TH AS IS 2 0 1, THE RELATED ITEM. GREAT. THANK YOU SO MUCH. OKAY. MM-HMM, . OKAY. THAT HELPS ME A LOT. SO, UM, AGAIN, I'M GONNA, UM, READ WHAT I BROUGHT TO SAY, BUT I ALSO WANNA, I'M SO GLAD THAT FORMER COUNCIL MEMBER ALVAREZ SPOKE BEFORE ME BECAUSE I THINK HE JUST, I JUST WANT TO, UH, JUST, UH, ECHO EVERYTHING HE [07:20:01] SAID. HE'S, HE VERY ARTICULATED VERY WELL THE CONCERNS OF THE COMMUNITY. THAT'S THIS FEELING OF, OF ANXIETY AND JUST BEING RUSHED THROUGH SOMETHING THAT IF, YOU KNOW, WHEN THAT HAPPENS, WHEN THERE'S THIS EFFORT TO RUSH THROUGH, USUALLY IT'S NOT A GOOD THING FOR THE COMMUNITY. SOMETHING'S HAPPENING HERE. SO AGAIN, I JUST WANNA ECHO, UH, WHAT HE HAS SAID. GOOD EVENING, MAYOR WATSON AND CITY COUNCIL MEMBERS. UH, MY NAME IS VALERIE MENARD AND I'M THE PROJECT DIRECTOR FOR THE COLORADO RIVER CONSERVANCY OF PROJECT OF PODER. TODAY, HOWEVER, I'M SPEAKING TO YOU AS A MEMBER OF THE GO VALLEY JOHNSON TERRACE NEIGHBORHOOD CONTACT TEAM AND SOLIDARITY WITH THE NEIGHBORHOOD ASSOCIATION BO, THE AUSTIN NEIGHBORHOODS COUNCIL, AND THE EAST AUSTIN CONSERVANCY, TO ASK YOU TO POSTPONE ALL DB 90 CASES AT THIS TIME UNTIL THE LANGUAGE OF THE DB 90 ORDINANCE IS FINALIZED AND REVIEWED BY THE CONTACT TEAMS. THE PROCESS FOR APPROVING DB 90 ZONING HAS BEEN RUSHED VOTING ON AMENDMENTS THIS MORNING TO ALLOW YOU TO VOTE ON 42 ZONING CASES LATER TODAY. NOW AND NOT ALLOWING FOR PROPER REVIEW BY ALL NEIGHBORHOOD CONTACT TEAMS, MUCH LESS THE AVERAGE CITIZEN. DB 90 ALLOWS DEVELOPMENT TO RISE TO 90 FEET, 30 FEET ABOVE WHAT HAD BEEN CONSIDERED COMPATIBLE TO NEIGHBORHOODS AND REMOVES COMPATIBILITY REQUIREMENTS IN RETURN. DEVELOPERS ARE MERELY REQUIRED TO SET ASIDE A FRACTION OF UNITS FOR AFFORDABLE HOUSING, WHICH DEFINED AS 80 TO 60 CENT PERCENT OF MFI IS A FAILURE FROM THE START. IT'S A FAILURE IF THE GOAL IS TO INCREASE THE STOCK OF AFFORDABLE HOUSING. IN 2023, THE TEXAS AFFILIATION OF AFFORDABLE HOUSING PROVIDERS RANKED AUSTIN THIRD WORST, THIRD WORST METROPOLITAN AREA IN THE COUNTRY FOR PROVIDING AFFORDABLE HOUSING FOR EXTREMELY LOW INCOME COMMUNITIES. IN 2024, THIS YEAR, JUST THIS WEEK, UH, THE SAME ORGANIZATION REPORTED THAT AUSTIN HAS ONLY 21 OF HOMES AVAILABLE, 21 OF 100 HOMES AVAILABLE FOR EVERY, UM, FOR LOW INCOME HOUSEHOLDS. SO OUR IT'S 21, UH, HOUSES AVAILABLE OUT OF THE 100 THAT ARE NECESSARY TO MEET THE NEEDS OF EXTREMELY LOW INCOME HOUSEHOLDS. THAT'S BELOW THE AVERAGE OF 25 PER 100 FOR THE STATE OF TEXAS. UM, SO I SERIOUSLY DOUBT MOST AUSTINITES HAVE ANY IDEA OF WHAT DB 90 WILL DO TO THEIR NEIGHBORHOODS. UM, LOOKING AT THE LIST OF ZONING CASES, I KNOW THAT EAST AUSTIN STANDS TO BE THE MOST SERIOUSLY IMPACTED. UM, AND ESPECIALLY DISTRICT THREE OF THE 42, UH, ZONING CASES, WELL MO 14 WILL AFFECT EAST AUSTIN NEIGHBORHOODS FOR THE CONTACT TEAM. WE'RE PARTICULARLY CONCERNED. OTHER, SORRY, THE OTHER PLEASE POSTPONE ANY FURTHER ACTION AND GIVE NEIGHBORHOOD GROUPS A CHANCE TO EDUCATE THE COMMUNITIES ABOUT WHAT'S AT STAKE. UM, SO YEAH, I THINK THIS HAS BEEN PRETTY CLEARLY ARTICULATED TO Y'ALL. WERE, UM, ANY REQUEST FOR POSTPONEMENT, I HOPE YOU WILL HONOR THEM BECAUSE CLEARLY WE'RE NOT REQUESTING THEM JUST TO MAKE YOUR YOUR WORK HARDER. WELL, WE'RE MAKING OUR OWN WORK HARDER BECAUSE WE REALLY NEED TO GET THIS TO OUR COMMUNITIES. WE REALLY NEED TO BE SURE THAT THEY UNDERSTAND WHAT'S HAPPENING AND THAT THEY CAN, THEY'RE, UM, INCLUDED IN THIS PROCESS. THANK YOU. THANK YOU. WE'RE GONNA TRY REMOTE AGAIN. RUTH CA ON ITEM TWO 10, PLEASE UNMUTE RUTH. OKAY. CAN YOU HEAR ME NOW? YES. YES, WE CAN HEAR YOU. CAN YOU HEAR ME? OKAY. OKAY. THIS IS RUTH RIS AND I AM A RESIDENT OF DISTRICT NINE. UH, I'VE BEEN ON THE PHONE HERE WAITING, UH, FOR ABOUT FOUR HOURS, BUT I NEED TO ASK SOME CLARIFICATION, UH, OF THE STATUS OF ITEM TWO 10. TWO 10 IS THE MOTION IS THAT IT BE PASSED ON ALL THREE READINGS? SO THAT PASSED TODAY? YES. I THOUGHT, UH, I THOUGHT, UH, IT, IT WAS ON, IT WAS A, THERE WAS A REQUEST FOR POSTPONEMENT OF THAT I THOUGHT THAT HAD BEEN GRANTED THAT GR IT HAD NOT BEEN GRANTED. SO THAT WAS ADOPTED TODAY, DESPITE THE FACT THAT IT HAS NOT BEEN ADOPTED. IT HAS NOT BEEN ADOPTED. THERE WAS A REQUEST FOR POSTPONEMENT, BUT THE MOTION IS, OH, IT HAS NOT BEEN ADOPTED. SO WHAT, SO I I I'M, I'M NOT SURE THAT I UNDERSTAND WHAT YOU SAY, BUT WHEN YOU SAID THAT, UH, IT'S ON FOR THREE, THREE READINGS, THE MOTION IS TO ADOPT IT AFTER WE'VE HEARD PUBLIC TESTIMONY AND HAVE ANY DISCUSSION, THE MOTION IS TO ADOPT, ADOPT IT ON ALL THREE READINGS SO THAT IT WILL BE A FINAL READING. UH, OKAY, BUT WHEN, WHEN WOULD [07:25:01] THAT BE TONIGHT? WHEN IS THAT SCHEDULED FOR? TONIGHT WHEN WE FINISH. AND THAT SHOWS MY OPTIMISM, UM, TONIGHT WHEN WE FINISH. OH, OKAY. WELL THEN I NEED TO MAKE MY COMMENTS . OKAY. UH, I, I AM, UH, SUPPORTING THE POSITION AND THE REQUEST MADE BY THE EAST AUSTIN CONSERVANCY. UH, SPECIFICALLY I CONCUR WITH THE, THE OBSERVATIONS THAT THEY MADE. THAT SPECIFIC RULES OF THE DB 90 ORDINANCE ARE NOT YET KNOWN TO THE RESIDENTS, UH, AS IT WAS PROPOSED, UH, ADOPTION WAS ON TODAY'S AGENDA ITEM 1 58. SO HOW CAN COUNCIL APPROVE REZONINGS TO THE DB 90 COMBINING DISTRICT WHEN THE APPLICABLE REGULATIONS TO THAT DB 90 COMBINING DISTRICT ARE NOT YET KNOWN TO THE PUBLIC? UH, THOSE REZONING CASES SHOULD BE POSTPONED UNTIL THE PUBLIC HAS HAD AN OPPORTUNITY TO REVIEW THE ORDINANCE THAT WAS ADOPTED. AND, AND I PROPOSE AND SECOND, UH, EAST AUSTIN'S POSITION THAT THOSE REZONING CASES SHOULD BE RESET TO NO LATER THAN LATE SEPTEMBER TO PROCEED WITH THESE, UH, DB 90. COMBINING DISTRICT REZONING APPLICATIONS WOULD BE LIKE TELLING AN ATTORNEY AND HIS CLIENT TO COME TO THE HEARING OR TRIAL. AND WHEN THEY GET THERE, THEY'LL BE TOLD WHAT LAW WOULD BE APPLIED, UH, TO THEIR CASE. UH, SURELY THE PUBLIC HAS A RIGHT TO KNOW WHAT SPECIFIC ORDINANCE PROVISIONS WILL APPLY TO THE REZONING REQUESTS, REQUESTS THAT ARE CURRENTLY ON THE AGENDA. UH, FOR THAT REASON, AGAIN, I RE URGE THAT THESE CASES SPECIFICALLY ITEM TWO 10 SHOULD BE SET RESET TO A LATER DATE IN LATE SEPTEMBER. UH, AND THAT IS MY REQUEST. AND I SINCERELY HOPE THAT THE COUNCIL TAKES IT SERIOUSLY. UH, IN THEIR, IN THE COUNCIL'S ORDINANCE DEALING WITH, UH, MEETINGS, THEY SAY THAT DEMOCRACY IS VALUED IN THIS PROCEEDINGS. THAT COUNCIL ACKNOWLEDGED PROVIDING OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO VOICE THEIR OPINIONS OF PUBLIC CONCERNS. SO HERE, PEOPLE HAVE COME IN AND THEY'VE EXPRESSED THEIR CONCERNS ABOUT VOTING ON SOMETHING WHEN ALL THE SPECIFICS OF OF THE ORDINANCE ARE NOT YET KNOWN. SOMEHOW THAT SMACKS OF LACK OF DUE PROCESS. SO I URGE YOU, AGAIN, TO RESCHEDULE ALL THE REHEARING REZONING CASES THAT DEAL WITH DB 90 COMBINING DISTRICT. THANK YOU. BYE-BYE. THANK YOU. WE'LL MOVE BACK TO IN PERSON. WE HAVE FRAN TATTOO AND CANDACE FOX. FRANCIS SHAKIN, OR IS ANYONE HERE? MS. SHAKIN IS MS. SHAKIN. YOU HAVE SIX MINUTES. YOU'RE SPEAKING ON THE POSTPONEMENT ITEMS. 1 71 AND 1 94 MAYOR AND CITY MANAGER AND COUNCIL MEMBERS WHO REMAIN. UM, MY NAME IS FRANCIS CHENIN, MY HUSBAND AND I LIVE ON HARVEY STREET. UH, AND WE WILL BE AFFECTED BY THE ZONING ON EAST 12TH. I'M SPEAKING ON CASE 1 94 AND I'M SEEKING A POSTPONEMENT TO AT LEAST SEPTEMBER THE 26TH, POSSIBLY OCTOBER THE 24TH. THIS IS A KIND OF CRUCIAL, UM, CASE. SEVERAL THINGS SHOULD BE MENTIONED. THE PLANNING COMMISSION DID NOT RECOMMEND THIS. THEY GAVE NO RECOMMENDATION AFTER THREE VOTES AND A VERY LATE MEETING. THEY STAYED LATER TO CONSIDER THIS CASE. THE OTHER REASON, THERE'S SEVERAL, ACTUALLY, THERE ARE FIVE BIG FOR SALE SIGNS RIGHT NOW. WITHIN TWO BLOCKS OF THIS CASE, THIS CASE WILL DETERMINE WHAT EAST 12TH STREET, WHICH IS THE HEART OF THE AMERICAN CULTURAL DISTRICT, ACCORDING TO YOUR OWN REPORT LAST YEAR, IS THOSE FIVE CASES THAT THOSE FOR ASYLUM SIGNS REPRESENT. THEY'RE GONNA BE ASKING FOR DB 92. IF THIS IS GRANTED, WE NEED TIME TO WORK WITH THIS APPLICANT ABOUT A RESTRICTIVE COVENANT OR WHATEVER WE CAN DO TO AMELIORATE THIS SITUATION. EAST 12TH IS A TWO LANE STREET. IT HAS A BIKE LANE ON EACH SIDE. IT HAS A TURNOUT FOR THE BUS AT AIRPORT. THIS IS NOT AIRPORT. THIS IS FIVE BLOCKS OF FIVE LOTS, SORRY, OFF OF AIRPORT. THIS SEVERELY AFFECTS THREE LOW INCOME HOUSING DEVELOPMENTS [07:30:01] THAT ARE ALONG EAST 12TH. ONE OF THEM IMMEDIATELY ADJACENT. ANDERSON VILLAGE THAT THE CITY ITSELF BUILT. ANOTHER ONE WAS BUILT BY MOUNT SINAI BAPTIST CHURCH IN THE NEIGHBORHOOD. THEY ARE GONNA BE SEVERELY IMPACTED BY 700 VEHICLE TRIPS A DAY, AND A 90 FOOT SERIES OF BUILDINGS HERE. PLEASE POSTPONE THIS UNTIL AT LEAST SEPTEMBER THE 26TH SO THAT OUR NEIGHBORHOOD ASSOCIATION PRESIDENT, WHO WILL BE TRAVELING, CAN LEAD US AND CAN LEAD THE DISCUSSIONS WITH THE APPLICANT ON HOW WE CAN AMELIORATE THIS ZONING CASE. THANK YOU VERY MUCH. THANK YOU. WE HAVE CANDACE FOX SPEAKING ON ITEMS 180 1, 1 98 1 AND TWO 10, AND ALSO ON POSTPONEMENT ITEMS 1 71 202 0 1. THANK YOU. MEMBERS OF OUR GREAT CITIES, AUSTIN CITY COUNCIL, THANK YOU FOR LETTING ME BE HERE TODAY. THANK YOU FOR EVERYBODY WHO CAME OUT ALSO TO, TO SPEAK FOR YOUR, YOUR NEIGHBORS. UM, I I'M, I'M JUST GONNA BE REPEATING WHAT YOU'VE BEEN HEARING A LOT. THERE'S A LOT OF CONCERNS ABOUT DV 90. UM, I AM, UH, THE CHAIR OF THE GO VALLEY JOHNSTON NEIGHBORHOOD PLAN CONTACT TEAM. I'M ALSO A CO-CHAIR OF THE GO VALLEY NEIGHBORHOOD ASSOCIATION. UM, AND I'M A RELATIVELY NEW, UH, GO VALLEY RESIDENT OF 21 YEARS. SO I HAVE SEEN A LOT OF CHANGES IN THE NEIGHBORHOOD. UM, THE DB 90 ORDINANCE HAS REALLY PUT A LOT OF US IN A REALLY TOUGH SPOT. UM, WE ARE, AS A CONTACT TEAM, WE ARE CHARGED WITH PROTECTING OUR NEIGHBORHOOD PLAN THAT WAS DEVELOPED WITH THE COMMUNITY. AND SO WHEN WE HAVE ZONING CHANGES COME TO US, WE HAVE TO THINK ABOUT THE BENEFITS OF ALL THE EFFECTS, THE DOMINO, THE TETRIS OF WHAT IS BEING DEVELOPED AND BUILT, HOW IT'S GOING TO AFFECT OUR ENVIRONMENT, HOW IT'S GOING TO AFFECT PEOPLE WHO HAVE LONG TIME TIES THERE. AND JUST WITH RESPECT ALSO TO THE HISTORICAL EXPERIENCE OF THE EASTERN CRESCENT. SO, THAT BEING SAID, WHEN WE HAVE THESE CASES FLOODING IN BEFORE THE LANGUAGE IS EVEN DECIDED AND DETERMINED AND AGREED UPON BY THE CITY COUNCIL, WE ARE NOT REALLY TAKING TO ACCOUNT OUR ORIGINAL PLAN. 'CAUSE THERE WAS A PLAN THAT WAS A VISION, AND THERE'S SHORT TERM THINGS THAT ARE HAPPENING. I JUST CAME OVER FROM METZ ELEMENTARY AND ROBERT T. MARTINEZ STREET, AND FROM THE FREEWAY OVER TO ROBERT T. MARTINEZ STREET, THERE WAS ABOUT 20 HOUSES FOR SALE. SO WE HAD A BOOM, AND NOW WE'RE SEEING A MOVE. AND THESE ARE NOT, THESE ARE NOT HOUSES. THESE ARE ALREADY HOUSES THAT ARE FLIPPED AND REDEVELOPED AND MAXED OUT. SO THINKING ABOUT THE LONG-TERM OF WHERE OUR NEIGHBORHOOD IS HEADED, WHERE OUR NEIGHBORS ARE, OUR LONG-TERM NEIGHBORS, ARE THEY GOING TO WANT TO RELOCATE BECAUSE THEY DON'T WANNA LIVE NEXT TO A MAXED OUT DEVELOPMENT? DO WE WANT TO HAVE A NEIGHBORHOOD THAT JUST, WE JUST GET A BLANKET, HEY, EVERY DB 90, YOU'RE GOOD TO GO. LET'S DON'T EVEN REALLY THINK ABOUT THE TRAFFIC, THE EFFECTS ON THE ENVIRONMENT, THE EFFECTS ON THE NEIGHBORS, THE CONTACT TEAM ON SEVERAL OF THESE PROJECTS. WE APPRECIATE THE LEVEL OF AFFORDABILITY. WE APPRECIATE THE AFFORDABILITY, BUT THEN ONCE WE'RE JUST ADDING MORE AND MORE, UH, DENSITY AND MAXING OUT THE PROPERTY, UH, AND MA UH, JUST DENYING THE, UM, COMPATIBILITY STANDARDS, RUSHING OVER ANY KIND OF RESTRICTIVE COVENANTS OR CONDITIONAL OVERLAYS THAT HAD BEEN DEVELOPED AND WORKED ON AND NE NEGOTIATED, IT'S, IT'S WHAT KIND OF NEIGHBORHOOD PLAN DO YOU HAVE ANYMORE? WHAT KIND OF COMMUNITY DO YOU HAVE ANYMORE? WHY WOULD PEOPLE EVEN TRY? WHY WOULD PEOPLE EVEN BOTHER CARING ABOUT WHAT HAPPENS TO THEIR COMMUNITY? SO, SO I'M HERE AS A CONTACT TEAM. I'M, I'M SPEAKING IN SOLIDARITY WITH THE EAST AUSTIN CONSERVANCY, THE AUSTIN NEIGHBORHOODS COUNCIL, AND PODER. JUST PLEASE CONSIDER POSTPONING AND RECONSIDERING AND THINKING WHY THE, WHY THE RUSH. WE KNOW THERE NEEDS TO BE AFFORDABILITY, BUT IF SOME OF THE DEVELOPERS ARE WILLING TO WORK WITH US AND BRING SOME OF THE LEVELS DOWN SO IT'S NEIGHBORHOOD FRIENDLY, WHY CAN'T WE DO THAT? WHY CAN'T WE WORK TOGETHER LIKE WE HAVE BEEN? SO, I APPRECIATE YOUR TIME. PLEASE CONSIDER POSTPONING. PLEASE CONSIDER NOT RUSHING THROUGH [07:35:01] THIS SWATH OF DB 90 THAT'S GOING TO CHANGE THE FACE OF OUR NEIGHBORHOODS. SO I APPRECIATE YOUR TIME AND YOUR EFFORTS AND YOUR WORK TO MAKE OUR CITY A BETTER PLACE. NEXT, WE HAVE AMBER ORR, SCOTT COLLIER, CHRISTOPHER PAGE, RUSTY WILLMAN, BARBARA MACARTHUR. IF YOUR BEEN CALLED, PLEASE HEAD UP TO THE PODIUM. IF YOUR NAME HAS BEEN CALLED, OH, CHRISTOPHER PAGE WILL HAVE SIX MINUTES. SPEAKING ON THE POSTPONEMENT ITEMS 1 71 AND 1 94, UM, I'D HAVE TO SAY IT'S HARD TO FOLLOW SOME OF THE TESTIMONY THAT YOU'VE BEEN LISTENING TO. I THINK THERE'S BEEN BRILLIANT PEOPLE HERE. WE'RE NOT GETTING PAID FOR THIS. WE'RE NOT IN THIS FOR ANY KINDA GAIN. I KNOW YOU'RE TIRED AND YOU'RE HUNGRY, AND YOU'VE HAD A LONG DAY, BUT SO HAVE WE, AND WE HAVE TO WORK OUTSIDE OF THIS CITY HALL ENVIRONMENT. WE HAVE TO MAINTAIN OUR FAMILIES AND OUR LIVES. AND WE'RE NOT HERE, YOU KNOW, FOR GAMES. WE'RE HERE BECAUSE THERE'S POLICIES THAT WE HAVE LOOKED VERY CAREFULLY AT WITH OUR COMMUNITIES. FRANKLY, I THINK THE CITY WOULD BE VASTLY MORE EFFICIENT IF INSTEAD OF HIRING CONSULTANTS, IT LISTENED TO ITS PUBLIC. I MEAN, WE UNDERSTAND OUR COMMUNITIES. WE UNDERSTAND WHAT DOES AND DOESN'T WORK IN OUR COMMUNITIES. WE UNDERSTAND WHAT'S BREAKING APART OUR COMMUNITIES, AND WE UNDERSTAND WHAT POLICIES OR FICTIONAL SOLUTIONS TO THOSE THINGS. IF YOU WANT TO STOP THE FRACTURING OF COMMUNITY, AND IF YOU WANT AUSTIN TO BE ROOTED, IF YOU WANT THIS PLACE TO GROW IN A HEALTHY WAY, THEN YOU'VE GOTTA START LISTENING TO THE PUBLIC. UM, I MEAN, IT'S PATHETIC THAT IT TOOK LAWSUITS FOR ME TO JUST HAVE THESE MINUTES HERE WHERE I COULD LEAVE. I HAD TO LEAVE MY HOME, MY FAMILY, EVERYTHING THAT I WAS DOING. I WAS UP UNTIL ONE IN THE MORNING LAST NIGHT PREPARING FOR CASES THAT THANKFULLY ARE POSTPONED. BUT I KNOW JENNY WAS TOO. I'VE SEEN HER POURING OUT HER HEART FOR HER COMMUNITY. SHE'S OUTTA TOWN FOR TWO WEEKS AND FOR NO GOOD REASON. YOU DON'T WANT HER, YOU KNOW, TO HAVE TIME WITH HER COMMUNITY. I HOPE, UH, IF THE D ONE OFFICE IS LISTING SOMEWHERE THAT THEY WILL RECALIBRATE THAT TIMELINE AND ALLOW HER TO HAVE MEANINGFUL ENGAGEMENT WITH HER COMMUNITY, WHICH IS JUST NORTH OF MINE, WHICH I WON'T GET TOO FAR INTO THE MERITS OF TB 90, BUT I'LL SAY A COUPLE THINGS YOU SHOULD THINK CAREFULLY ABOUT PART FIVE OF VM U2 IS GONE, AND BECAUSE IT'S GONE, AND I FRANKLY, I DON'T KNOW IF THE CITY MANAGER EVER DID WORK ON THAT. IT WAS A DIFFERENT CITY MANAGER, BUT THEY WERE DIRECTED TO LOOK AT WHAT HAPPENS IN MY NEIGHBORHOOD WITH TB. 90 60% CITYWIDE AVERAGED MFI IS FAR IN EXCESS OF A HUNDRED PERCENT. MFI, AND MY SENSE IS TRACKED. SO WE'RE NOT CREATING HOMES FOR THE PEOPLE IN MY COMMUNITY THAT ARE GETTING PRICED OUT. OR EVEN SOMETIMES, YOU KNOW, IF NOT FROM TAXES OR THE COST OF LIVING, OR THE INCREASING PRICES OR INFLATION FROM UTILITY INCREASES ANOTHER KIND OF ABSTRACT TAXES. IF YOU WANT AUSTIN TO BE AUSTIN, AND I KNOW IT'S ALWAYS CHANGING. IT'S A MERCURIAL PLACE. IT'S FAST GROWING. BUT IF YOU WANT AUSTIN TO AT LEAST BE AUSTIN, THAT WORKS. YOU HAVE TO GIVE US CLARITY ABOUT WHAT WE'RE SUPPOSED TO BE DEBATING, WHAT WE'RE SUPPOSED TO BE DISCUSSING. WE SHOULD HAVE ORDINANCES PUBLISHED AT LEAST A MONTH BEFORE WE START HEARINGS ON THEM. AND HERE WE ARE TRYING TO, YOU KNOW, YOU KNOW, THANKFULLY WE'VE GOT AT LEAST A TWO WEEK DELAY, BUT YOU'RE DOING YOURSELVES A HUGE DISSERVICE AND THE PUBLIC A HUGE DISSERVICE BY NOT MAKING THESE PROCESSES WORK. IT'S LIKE THEY WERE DESIGNED BY THE LOBBYISTS AND THE LAWYERS THAT CAN THRIVE OFF THIS. UM, I'M GRATEFUL FOR YOUR TIME. I'D LIKE TO GET BACK TO MY FAMILY TONIGHT, AND I HOPE YOU ENJOY YOURSELVES WHEN YOU DO, TOO. THANKS. NEXT WE HAVE MICHELLE ELDRIDGE, SUSAN MORRISON, MARIO CANTU, JEAN ADAMS. IF YOU'RE HERE, PLEASE MAKE [07:40:01] YOUR WAY TO THE PODIUM. IF YOU STATE YOUR NAME, I CAN READ OFF YOUR ITEMS AND HOW MANY MINUTES YOU HAVE, MR. CANTU, YOU HAVE SIX MINUTES SPEAKING ON ITEMS 1 75 AND 1 76, UM, WHICH HAVE BEEN POSTPONED. THANK YOU. GOOD EVENING, COUNCIL MEMBERS, MARIO CANTU FROM, UH, SOUTH CONGRESS. CONTACT TEAM CHAIR. UH, OUR DISTRICT MEMBER IS JOSE VELASQUEZ, DISTRICT THREE. I'M HERE THIS EVENING TO, UH, REQUEST A POSTPONEMENT TO SEPTEMBER 26TH ON BEHALF OF OUR CONTACT TEAM AND OUR NEIGHBORHOOD AND NEIGHBORS. AGAIN, WE WANNA BE ABLE TO HAVE TIME TO INTERACT WITH OUR COMMUNITY, AND THAT'S WHAT WE'RE ASKING FOR. THERE HAVE BEEN, UH, EIGHT POSTPONEMENTS BY, UH, CITY STAFF FOR THIS CASE. UM, MR. GLENN COLEMAN HAS BEEN HANDLING THIS CASE, AND HE'S HAD MANY, UH, POSTPONEMENTS ON MARCH 11, WHICH IS OUR FIRST ZOOM MEETING. UH, NOT TOO MUCH, NOT TOO MUCH INFO. DURING THAT TIME, THE ONLY THING THAT WE DID RECEIVE WAS THAT WAS 125 FEET IN APRIL. UH, THERE WAS A, UH, PLANNING COMMISSION. WE, WE DIDN'T IMPOSE ANYTHING FOR AT PLANNING COMMISSION. UH, WE, WE CONVERSATED AND SAID, YOU KNOW, GO AHEAD AND MOVE FORWARD ON MAY 9TH. UH, WE, WE, UH, DID A REQUEST FOR A MEETING, UH, BEFORE THE PLANNING COMMISSION. AND THEN ON MAY 10TH, UH, THERE WAS A, A MENTION ABOUT SMART HOUSING PROGRAM, UH, WITH THE AFFORDABILITY. AND THEN JUST TO BACK UP, UH, IT WAS, WE DID HAVE SOME INTERACTION WITH HIM AT ONE OF THE MEETINGS, AND HE WANTED US TO, UM, GET SOME TYPE OF NONPROFIT BECAUSE THEY WANTED TO KIND OF DEVELOP SOMETHING WITHIN THE COMMUNITY, UH, WITH THEIR, WITH THEIR BUILDING OF THIS, UH, PARTICULAR AREA TO, TO KIND OF REALLY WORK WITH THE, WITH THE INDIVIDUALS IN THAT NEVER PANNED OUT DOUBT. ON JUNE 26TH, UH, WE HAD A MEETING, UH, OUT OF, UH, A VIRTUAL, UH, WITH VICTORIA OUT OF JOSE'S OFFICE. AND AT THAT TIME, WE WERE, WE UNDERSTOOD WE WERE GONNA GET A RESTRICTIVE COVENANT. UH, WE DID HAVE THINGS THAT WE WANTED TO HAVE IN THE RESTRICTED COVENANT. JUST YESTERDAY, TWO MONTHS LATER, UM, WE RECEIVED THE RESTRICTIVE COVENANT AND WE WERE ABLE TO, TO REVIEW IT, NOT AS MUCH AS THAT WE REALLY WANT TO DAYS AHEAD. UM, AND HE'S SUGGESTING THAT WE GO TO THE, UH, SEPTEMBER 12TH MEETING, WHICH WOULD LEAVE US WITH LABOR DAY WEEKEND, ONLY EIGHT DAYS TO REALLY KIND OF DISCUSS BACK WITH OUR COMMUNITY. THERE WERE, UH, SOME, THE APPLICANT DID HAVE, UH, SOME THINGS ON THERE THAT, UH, HE HAD PROHIBITED USES, AND WE DIDN'T HAVE OUR PRO PROHIBITED USES, NOR ANY OF OUR REQUESTS. AND ONE REQUEST THAT WE ALWAYS ASK FOR IS ONSITE PET AREA. THAT WAS NOT ON THERE. UM, SOME OF THE THINGS THAT HE ASKED FOR WAS IN INTRUS INTENSIVE INDUSTRIAL USES, INCLUDING RESOURCE EXTRACTION, RECYCLING, SCRAP, AND SALVAGE. THOSE WERE SOME OF HIS, UH, PROHIBITED USES. AND WE REQUEST A POSTPONEMENT TO SEPTEMBER 26TH. UM, AND WE JUST WANNA MAXIMIZE THE AFFORDABILITY, BE ABLE TO GO BACK AND HAVE A CONVERSATION WITH HIM AND, AND JUST REALLY REVIEW THIS RESTRICTIVE COVENANT. UH, JUST NOTE THAT THERE'S ONLY 20 YEARS FOR AFFORDABILITY AS OPPOSED TO THE 40 YEARS THAT EVERYBODY ELSE TENDS TO GIVE US. UH, SO WE'RE GONNA LOSE A LOT OF, UH, YEARS IN AFFORDABILITY. I, I DON'T THINK THAT'S FAIR. WE, WE HAVE MANY OTHER APPLICANTS WE'VE DEALT WITH IN THE PAST, AND THEY'VE BEEN ABLE TO COOPERATE AND WE'VE BEEN ABLE TO WORK WITH THEM WELL, AND THE WAY WE SEE IT IS THAT WE'RE, WE'RE BEING SPECIAL. HE'S GETTING KIND OF SPECIAL PRIVILEGES ON THIS, AND THAT SHOULD NOT TAKE EFFECT EARLIER. IF, UH, I WISH THE MAYOR WAS HERE BECAUSE I WAS GONNA USE ONE OF HIS QUOTES. UM, THE MAYOR SAID, UH, SAID IT TODAY. WE HAVE ALL HEARD PROMISES BEFORE, SO PLEASE, UH, COUNCIL MEMBERS, EACH COUNCIL MEMBER, I ASKED, AND I REACH OUT TO EACH ONE OF YOU FOR OUR NEIGHBORHOOD, AND NOT JUST THE NEIGHBORHOOD, BUT FOR THE CITY OF AUSTIN. UH, YOU KNOW, THE AFFORDABILITY IS BEING, UM, WE WANNA EXTRACT THAT AFFORDABILITY TO THE MAXIMUM AMOUNT THAT WE CAN, UH, NOT JUST FOR THE CONTACT TEAM AND THE NEIGHBORHOOD, BUT FOR ALL OF THE CITY. UM, SO PLEASE SUPPORT A POSTPONEMENT TO SEPTEMBER 26TH SO WE CAN GET BACK WITH MR. COLEMAN AND HAVE PLENTY OF TIME TO, TO GET BACK THERE AND, AND SIT WITH HIM AND SIT WITH OUR COMMUNITY. THANK YOU. I'M GENE ADAMS, UH, THREE [07:45:01] RESIDENT, UH, MEMBER OF THE SOUTH CONGRESS CONTACT, UH, TEAM AND, UH, MEMBER OF THE OLDHAM NEIGHBORHOOD ASSOCIATION. JUST SPEAKING AS, UH, AN INDIVIDUAL MYSELF, I AGREE WITH WHAT MARIO HAS, UH, PUT FORTH HERE REGARDING THIS PROJECT. UH, THERE'S JUST A NUMBER OF PARTICULARS IN THE RESTRICTIVE COVENANT THAT WE'VE PUT OUT ON, UH, THAT WE'VE DISCUSSED WITH THE APPLICANT THAT ARE NOT INCLUDED IN THE RESTRICTIVE COVENANT THAT WE RECEIVED FROM THE APPLICANT AT 10 O'CLOCK YESTERDAY MORNING. THAT'S 30 HOURS BEFORE TIME TO SPEAK HERE. UM, WE'RE ASKING THAT THIS BE POSTPONED UNTIL THE SEPTEMBER 26TH MEETING SO THAT WE HAVE TIME TO GO BACK. I EXPECT THAT THERE WILL BE AT LEAST ONE, IF NOT TWO MORE MEETINGS BETWEEN OUR ORGANIZATIONS AND THE APPLICANT TO FINALIZE AND GET IN AN AGREEMENT AND BRING SOMETHING THAT WE CAN ALL AGREE ON, AND SOMETHING THAT IS NOT OUT OF BOUNDS OF WHAT'S ALREADY BEEN AGREED TO WITH OTHER DEVELOPMENT PROJECTS IN THE AREA. WE DON'T WANNA SHOW ANY, ANY FAVORITISM TOWARD THIS PROJECT OR ANY OBSTACLES TO ANY OTHER, OTHER PROJECTS THAT ARE NOT ALREADY PRESENT AND INCLUDED IN, IN PREVIOUS RESTRICTIVE COVENANTS. UM, THE APPLICANT AS, AS MARIO STATED, UH, WE HAD A MEETING JUNE 26TH, TWO TIMES MARIO REACHED OUT TO THE APPLICANT ON JULY 8TH AND ON JULY 24TH, WHERE ARE WE AT ON THE RESTRICTIVE COVENANT? WHAT YOU HAVE, THE RESPONSE IS, IT'S COMING. I'LL HAVE IT TO YOU. I'LL HAVE A DRAFT TO YOU BEFORE WE SEE ANYTHING. WE GOT IT YESTERDAY AT 10 O'CLOCK IN THE MORNING ASKING FOR CONSIDERATION. LET'S JUST POSTPONE THIS SO THAT WE HAVE A CHANCE TO PUT SOMETHING TOGETHER THAT WE CAN ALL WORK WITH, WE CAN ALL LIVE WITH, AND THAT'S EQUAL WITH OTHER DEVELOPMENTS IN THE AREA. AND, UH, COME BACK AND TAKE A LOOK AT IT FOR THE SEPTEMBER 26TH MEETING. THANK YOU. NEXT BATCH OF SPEAKERS IS CARLOS PINON, DANIEL ALVAREZ, COLE BAUER, RITA BARRY, IF THERE'S ANYONE HERE, IF YOUR NAME'S BEEN CALLED, PLEASE JUST COME FORWARD. RITA? YES. OKAY. RITA ACTUALLY HAS 15 MINUTES. SHE HAS HAD TIME DONATED FROM BOBBY LAVINSKY AND LEE ZIEGLER. ARE YOU STILL HERE? BOBBY AND LEE. OKAY, SO YOU HAVE 15 MINUTES. OKAY. THANK YOU. COUNCIL AND MAYOR. I'M RITA BERRY. I LIVE IN DISTRICT EIGHT. I'M THE PRESIDENT OF WEST CREEK NEIGHBORHOOD ASSOCIATION, AND I'M SPEAKING ON BEHALF OF THE MAJORITY OF THE RESIDENTS IN OUR NEIGHBORHOOD. WE HAVE CONCERNS ABOUT THE WEST CREEK MIXED USE PROJECT BEING BUILT IN AN ALREADY CONGESTED AREA FOR FOUR SPECIFIC REASONS. THE SAFETY OF THE CHILDREN AND THE RESIDENTS DO THIS SIGNIFICANT INCREASE IN TRAFFIC THROUGH OUR NEIGHBORHOOD AND THE CHALLENGES FROM A LACK OF PARKING FOR SCHOOL AND SPORTING EVENTS, THE POTENTIAL FOR INCREASE IN STORM WATER DRAINAGE, AND THE LOSS OF HERITAGE TREES. THE PROPOSED PROJECT LOCATION FORMERLY BANK OF AMERICA, IS ON 6.53 ACRES OF LAND AT THE INTERSECTION OF 57 25 WEST US HIGHWAY TWO 90 EASTBOUND AND WEST CREEK DRIVE. THIS INTERSECTION IS ONE OF THE THREE ENTRY EXIT POINTS TO AND FROM WEST CREEK NEIGHBORHOOD. THIS IMMEDIATE AREA SUPPORTS TRANSPORTATION FOR STUDENTS FROM THREE SCHOOLS AND ONE VERY ACTIVE SPORTS SOCCER COMPLEX, AS WELL AS CUT THROUGH TRAFFIC FROM TWO 90 TO WILLIAM CANNON AND TO ADDITIONAL SHOPPING AND SERVICES. ALL OF THIS USAGE FROM CHILDREN, STUDENTS, AND FAMILIES NATURALLY BRINGS A LEVEL OF CONGESTION TO THE AREA, NOT ONLY IN THE FORM OF PEDESTRIAN STREET CROSSING AND VEHICULAR TRAFFIC, BUT ALSO INTERMITTENTLY HEAVY STREET PARKING ON WEST CREEK. DRIVE EACH WEEKDAY AND WEEKEND RECREATIONAL JUNIOR ACADEMY AND SELECT SOCCER TEAMS. WHOLE PRACTICE AND GAMES, 18 WEEKS IN THE SPRING AND 18 WEEKS IN THE FALL ON THESE FIELDS WITH PARENTS, TEAM COACHES, SPECTATORS LOOKING FOR PLACES TO PARK. THERE ARE NO DESIGNATED PARKING SPOTS FOR SOCCER PARTICIPANTS AND LIMITED VISITOR PARKING AT THE SCHOOLS, RESULTING IN LINES OF TRAFFIC PARKED ALONG BOTH SIDES OF WEST CREEK DRIVE AND THE SIDE STREET OLD FREDERICKSBURG ROAD. THESE CARS LIMIT VISIBILITY FOR DRIVERS TURNING ONTO WEST CREEK DRIVE. THERE ARE ALSO MANY CHILDREN AND PEDESTRIANS CROSSING THE STREET [07:50:01] OUTSIDE OF THE DESIGNATED CROSSING AREAS. THESE CHILDREN DART OUT INTO TRAFFIC TO REACH THEIR PARKED CARS. THIS IS A DANGEROUS SITUATION AND WOULD CERTAINLY BE COMPOUNDED IF INGRESS AND EGRESS FROM THE PROJECT WAS AVAILABLE ONTO A CROWDED WEST CREEK DRIVE, OR IF ONSITE PARKING FROM THE PROPOSED COMPLEX DOES NOT ACCOMMODATE PARKING FOR RESIDENTS. WE WOULD LIKE TO SEE THE INGRESS AND EGRESS ON THE FRONTAGE ROAD TWO 90 RATHER THAN WEST CREEK DRIVE ON NOVEMBER 3RD, 2023. MYSELF, LEE ZIEGLER MET WITH LEE PAIGE ELLIS, DISTRICT EIGHT COUNCILWOMAN, ROSEMARY AVILA, THEN THE CASE MANAGER, ED SCRUGGS, AND WE DISCUSSED TRAFFIC COMMON DEVICES VIA MICROSOFT TEAMS. WE ASKED FOR ONSITE PARKING FOR ALL TENANTS AND VISITORS AT THE DEVELOPMENT TO HELP WITH THE TRAFFIC PROBLEM. WEST CREEK NEIGHBORHOOD IS ALSO CONCERNED WITH THE POSSIBLE INCREASE IN STORMWATER DRAINAGE FROM THE PROPOSED CONSTRUCTION, AND WOULD REQUEST THAT THE IMPERVIOUS COVER REQUIREMENTS MEET THE REDEVELOPMENT EXCEPTION IN THE BARTON SPRINGS CODE 25 8 26 WITH A COMMITMENT NOT TO INCREASE THE EXISTING LEVEL IN OF IMPERVIOUS COVER. WE ARE REQUESTING 40% NET SITE AREA. THERE ARE ALSO NUMEROUS TREES, INCLUDING SEVERAL BEAUTIFUL HERITAGE TREES ON THIS LOCATION. THERE IS A CONCERN THAT A HIGH PERCENTAGE OF TREES HAS BEEN TAGGED FOR REMOVAL. THE WEST CREEK NEIGHBORHOOD WOULD LIKE TO SEE ALL THE PROTECTED HERITAGE TREES AND AS MANY OTHER TREES AS POSSIBLE BE SAVED ON THE SITE. WEST CREEK NEIGHBORS WOULD LIKE TO SEE COMMERCIAL ON THE GROUND FLOOR, SUCH AS THE COFFEE SHOP AND RESTAURANT. WE ALSO SUPPORT AFFORDABLE HOUSING, BUT WE DON'T SUPPORT SHORT-TERM RENTALS. WE ASK CITY COUNCIL TO SUPPORT A PLAN FOR WEST CREEK NEIGHBORHOOD AND THE DEVELOPER TO WORK TOGETHER TO ADDRESS THESE PROBLEMS. TRAFFIC CONGESTION AND SAFETY CONCERNS WITH DRAINAGE AND PRESERVING THE BEAUTY OF OUR HERITAGE TREES AND NO SHORT-TERM RENTALS. THANK YOU FOR YOUR CONSIDERATION. THANK YOU. NEXT PATCH OF SPEAKERS IS LEE ZIEGLER, ROY WHALEY WILLIAM BUNCH, LORRAINE ATHERTON 10 LEE ZIEGLER IS SPEAKING ON ITEM 180 180 6 FOR THREE MINUTES. LEE ZIEGLER, CHAIR OF THE OAK HILL NEIGHBORHOOD PLANNING CONTACT TEAM. GOOD EVENING ZONING SHOULD COMPLY WITH LAND USE, EXCEPT PERHAPS BY EXCEPTION, WHICH ALREADY HAPPENED HERE. TO BUILD THE EXISTING TWO STORY BANK OF AMERICA BUILDING. NON-CONFORMING GR ZONING WAS ALLOWED UNDER NEIGHBORHOOD MIXED USE LAND USE IN WHICH HEIGHT IS LIMITED TO 40 FEET. THIS SUBURBAN PROPERTY IS COMPLICATED BY ADJACENT TRAFFIC TO OVERCROWDED SCHOOLS WITH CONGESTED STREETS. DRAINAGE FROM THE PROPERTY WAS NECESSARILY REDIRECTED ACROSS AND UNDER HIGHWAY TWO 90, WHICH WILL NOW BE EXACERBATED BY RECENT HIGHWAY EXPANSION. RESULTING IN INCREASED OVERLAND FLASH FLOOD DRAINAGE ON BOTH SIDES OF HIGHWAY TWO 90. IT WILL NECESSARILY BE REDIRECTED TO THE FAR SIDE BEFORE FLOWING INTO GAINES CREEK TO BARTON CREEK, YET DESPITE REDIRECTION OF DRAINAGE PIPES, THE LOWER PORTION OF THE PROPERTY LIES WITHIN THE WILLIAMSON CREEK WATERSHED OF THE BARTON SPRINGS ZONE. AT THIS JUNCTURE, GIVEN COMPLEXITIES ON SITE, PLANS FOR TOTAL REDEVELOPMENT BECOME PRIORITY DUE TO REAL PHYSICAL CONSTRAINTS, ZONING SHOULD CONFORM TO EXISTING NEIGHBORHOOD MIXED USE LAND USE TO SELECT A SUITABLE BASE ZONING. NOW, THE DENSITY BONUS COMBINING DISTRICT IS AMENDED TODAY WILL INCLUDE LO ZONING, ANOTHER OPTION FOR RESIDENTIAL USE, AND A MOST DESIRABLE FEATURE THAT COULD SATISFY THE DEVELOPER WITHIN NEIGHBORHOOD MIXED USE STATUS. THE DEVELOPER PROCLAIMED EARLY ON THAT THE PLANNED RESIDENTIAL DEVELOPMENT, UH, ONLY REQUIRED 70 FEET NECESSITATING DB 90, WHICH HAS NOW BECOME POSSIBLE WITH THE DENSITY BONUS AMENDMENT UNDER LO. THIS PRESUMES THE TRUE GOAL OF REVISIONS AND UPZONING IS TO IMPROVE THE LIVABILITY OF LAND WITH INCREASED COMMERCIAL ACCESS CLOSE TO HOME. THIS COULD MOST EFFECTIVELY BE GENERATED BY A LIVE WORK PRESENCE ON THE GROUND FLOOR, STILL UNDER NMU. IT WOULD ENHANCE THE DESIRED NEIGHBORHOOD ENVIRONMENT AND BUILD COMMUNITY WITH GREATER HOPE TO BENEFIT FROM RETENTION OF WELL-ESTABLISHED TREES. PLEASE CONSIDER LO UNDER NEIGHBORHOOD MIXED USE FOR THIS SITE. PLEASE REMOVE [07:55:01] ITEMS 180 6 AND 180 7 FROM THE CONSENT AGENDA OR APPROVE ON FIRST READING ONLY TONIGHT. THANK YOU, LORRAINE ATHERTON IS SPEAKING ON ITEMS ONE 90 AND 1 92 FOR SIX MINUTES. LORRAINE ATHERTON, UH, LORRAINE ATHERTON WITH THE ZILKER NEIGHBORHOOD ASSOCIATION. UH, FOR THE RECORD, UH, UH, ZILKER NEIGHBORHOOD, UH, REQUESTED POSTPONEMENT ON ITEM 1 91 92 AND 1 93. UH, ITEM ONE 90, UH, THE PROJECT AT, UH, MARY AND SOUTH LAMAR, I BELIEVE, UH, WE HAD A CHANCE REVIEW. I, I REVIEWED THE SITE PLAN TWO YEARS AGO WHEN IT WAS AN AFFORDABILITY UNLOCKED PROJECT. UH, IT HAD, UH, UH, REALLY IMPRESSIVE, UH, AFFORDABLE AFFORDABILITY, UH, UH, AT LEAST 50% OF THE UNITS, HOWEVER, IT'S, UH, SUBSTANTIALLY IN A, THE BOULDER CREEK FLOODPLAIN. WE WERE CURIOUS, WE HAD NO OPPORTUNITY TO COMMENT ON IT. OF COURSE, THERE WERE NO, NO HEARINGS ON IT. UM, BUT WE WERE CURIOUS TO SEE HOW, UH, THE FINANCING WOULD PLAY OUT WHEN THEY LEARNED THAT THEY WERE GONNA REQUIRE A FLOODPLAIN VARIANCE. UM, BUT THAT PROJECT'S ALL GONE. WHAT WE HAVE BEFORE US, WE DUNNO WHAT WE HAVE BEFORE US. WE DON'T KNOW HOW THE, UH, DB 90 AFFORDABILITY WILL APPLY TO THIS PROJECT. WHATEVER IT IS, IT'S GONNA BE A WHOLE LOT LESS. UH, IF ANYTHING AT ALL GETS BUILT WITHIN THIS FLOODPLAIN. UH, 1 92, I BELIEVE IS, UH, 2,800 SOUTH LAMAR. UH, UH, AGAIN, UH, THE LAST SITE PLAN I SAW ON THAT HAD A, UH, A BIG RESTAURANT ON THE SITE. AND BEFORE THAT, THEIR SITE PLAN HAD A CHURCH. AND BEFORE THAT, THE SITE PLAN WAS AN OFFICE BUILDING. THERE WAS NO, UH, UH, NO RESIDENTIAL, UH, PROPOSED OTHER THAN THE, UH, PARKING GARAGE TO SERVE RESIDENTIAL. UM, WE'VE, WE'VE HAD NO FORMAL PRESENTATION ON WHAT'S ACTUALLY BEING PROPOSED. UH, IT'S, UH, GONE THROUGH ON CONSENT, UH, UH, AT PLANNING COMMISSION. SO WE, UH, AS FAR AS WE CAN TELL, THERE'S BEEN NO OFFICIAL PRESENTATION. UM, UM, AND WE DON'T KNOW HOW, UH, AFFORDABILITY WILL BE AFFECTED, UH, ON A DB 90 SITE THAT HAS NO RESIDENTIAL ON IT. UH, UH, AND, UH, 1 93 IS, IS A NEW PROJECT THAT HAS SOME PROMISE, BUT AGAIN, UM, WE'VE SEEN NO PRESENTATIONS ON IT. WE HAVE, UH, NO IDEA HOW THE DB 90 AFFORDABILITY OPTIONS WILL BE APPLIED. UM, AND IT'S ALSO, UH, WITHIN THE, UM, UH, ACTUALLY THE SOUTH LAMAR, UH, UH, NEIGHBORHOOD MITIGATION PLAN AREA. AND IT'S, UH, FEEDS INTO THE BOLDING CREEK, UM, UH, UH, DRAINAGE AREA, WHICH, YOU KNOW, IS, IS A BIG PROBLEM. WE HAVE NO IDEA HOW IT'S GOING TO, UH, FIT INTO THE, UH, UH, THE TRAFFIC PROBLEMS IN THAT WHOLE AREA. THAT'S WHY WE WANTED IT, UM, UH, POSTPONED. UH, THIS, UH, THIS DOES NOT, SINCE NONE OF THESE, NONE OF THESE PROJECTS HAVE BEEN FORMALLY PRESENTED IN A PUBLIC HEARING. UH, I DON'T SEE HOW YOU CAN ACTUALLY SAY THAT THIS COUNTS AS, AS A PROPER PUBLIC HEARING AND, AND NOT A VIOLATION OF THE OPEN MEETINGS ACT. SO, THANK YOU FOR YOUR TIME. WE'RE GONNA MOVE TO A REMOTE SPEAKER VICTORIA FREEBERG ON ITEM 180 6. YOU HAVE THREE MINUTES. VICTORIA. HI, GOOD EVENING. MY NAME IS VICTORIA. I AM A WEST CREEK NEIGHBORHOOD, UM, MEMBER, AND I AM AN A IC PARENT. AND I AM SPEAKING TODAY IN CONSIDERATION AND [08:00:01] CONCERNED FOR THE ZONING CHAINS THAT IS INTENDED ON THE, UH, WEST CREEK DRIVE THAT IS NOTABLY ON THE SAME STREET AS BOTH A PATENT ELEMENTARY, WHICH ALSO BACKS UP TO SMALL MIDDLE SCHOOL. AND WE FEEL THAT AFFORDABLE HOUSING IS A MAJOR ISSUE AND CONCERN, ESPECIALLY IN A CITY THAT'S BECOMING INCREASINGLY UNAFFORDABLE. HOWEVER, WE FEEL THAT THIS PROPERTY IS NOT SUITABLE FOR THE AFFORDABLE HOUSING PROJECT AND THE APARTMENT COMPLEX. THE GOAL OF THIS PROPERTY, BECAUSE THIS PROPERTY IS LOCATED DIRECTLY ON THE ACCESS ROAD OF TWO 90, WHICH IS A TWO LANE, ONE WAY HIGHWAY. THE OTHER MAJOR STREET NEXT TO THAT IS WEST CREEK DRIVE. WEST CREEK DRIVE IS A TWO WAY ROAD. THAT TWO WAY ROAD INVOLVES THREE CROSSWALKS, SPECIFICALLY UTILIZED BY, FOR PATTON ELEMENTARY SCHOOL STUDENTS AND SMALL MIDDLE SCHOOL, MIDDLE SCHOOL STUDENTS. IN TOTALITY, THAT'S APPROXIMATELY 2000 OR SO STUDENTS IN THE A IC COMMUNITY. WE FEEL THAT THIS IS A COMPLETE DISREGARD FOR SAFETY, GIVEN THAT 50% OR MORE OF PA APARTMENT COMPLEX, UM, PEOPLE OR PEOPLE ARE GOING TO THE DEPARTMENT'S OFFICE, OR THEY'RE LIVING THERE, WOULD HAVE TO ACTUALLY GO THROUGH ANYWHERE BETWEEN ONE TO THREE SCHOOL ZONE CROSSINGS IF THEY WERE TO EXIT THE PROPERTY. WE FEEL THAT THIS IS A COMPLETE DISREGARD FOR THE SAFETY OF, OF THE CHILDREN. IT INCREASES THE RISK OF BOTH AUTO AND PEDE AND AUTO, AN AUTOMOBILE ACCIDENT, AUTO PEDESTRIAN ACCIDENTS, AND INHERENTLY PUTS OUR CHILDREN AT AN INCREASED RISK FOR SAFETY MEASURES. NOW, I DO WANNA POINT OUT THAT RECENTLY AN A LARGE THOUSAND UNIT APARTMENT COMPLEX THAT WAS APPROXIMATELY, UM, SEVERAL HUNDRED FEET UP THE ROAD WAS RECENTLY APPROVED IN THE AREA. WE FEEL THAT THAT WAS A GREAT LOCATION FOR THIS NEIGHBORHOOD, UH, APARTMENT COMPLEX TO BE BUILT BECAUSE IT HAS ITS OWN PRIVATE WAY. IT DOESN'T HAVE ANY ACCESS DIRECT PROBLEMS WITH CROSSING. IT'S NOT GONNA HAVE THE SAME CONGESTION ISSUES THAT THIS PROPERTY CURRENTLY HAVE. WE ALSO FEEL THAT THAT SHOULD BE REALLY TAKEN INTO CONSIDERATION WHEN WE'RE CONSIDERING WHERE WE PLACE APARTMENTS AND THE HOMES. AND WE REALLY NEED TO KEEP THE MEMBERS OF OUR COMMUNITY OR FUTURE APARTMENT, UM, DWELL WHERE SAFETY IN MIND AS WELL. WE FEEL THAT THERE SHOULD BE A REEVALUATION FOR THE APPROPRIATENESS OF HOW THIS, UH, ZONING IS MADE AND WHO IT BENEFITS. BECAUSE AS IT STANDS, IF THIS WERE TO CHANGE AND ZONING WERE TO CHANGE AND THIS PROPERTY WOULD BE BUILT, WE PUT EVERYBODY IN THAT AREA AND THE COMMUNITY AT LARGE, THE INCREASE IN SAFETY RISK, AND WE DON'T FEEL THAT THAT'S APPROPRIATE. ADDITIONALLY, WE ALSO HAVE TO CONSIDER THE, UH, A IC RESOURCES IF THEY WILL BE ABLE TO HANDLE THE INCREASE, UM, THE STRAIN THAT IT'S GONNA PUT AN ALREADY STRAINED EDUCATOR, GIVEN THAT THERE WAS ALREADY ANOTHER THOUSAND UNIT PROPERTY APPROVED LESS THAN A MILE FROM THIS PROPERTY. THANK YOU. SPEAKER, YOUR TIME HAS EXPIRED. THANK YOU, SPEAKER. THANK YOU. BACK TO IN PERSON, WE HAVE JESSICA, ELY, EDGAR, HANDEL, ANUSH, RUSSELL BECK, JESSICA. YEP. JESSICA HAS SIX MINUTES SPEAKING ON ITEM 1 97. SHE HAD THREE MINUTES DONATED BY CANDACE FOX. CANDACE, ARE YOU STILL HERE? YEP. SIX MINUTES. UM, SO CAN I BE CLEAR? ITEMS 1 97 AND 1 98 ARE UP FOR PASSING. THEY'RE NOT GONNA BE POSTPONED. THAT'S WHAT I HAVE. OKAY. UM, WELL, I WANTED TO, I'M SORRY. OR AT LEAST SEE THREE. SORRY, I WAS TAKING CARE OF SOMETHING. WHAT, 1 97, 1 98, 1 97 AND 1 98. THEY WERE REQUESTED POSTPONEMENT? UH, YES. THEY, THEY WERE, BUT THE MOTION HAS BEEN MADE TO PASS THEM ON CONSENT ON ALL THREE READINGS. OKAY. SO, UM, MAYBE WHEN ALL THE SPEAKERS ARE DONE, SOMEONE CAN AMEND THAT MOTION EVENTUALLY, IF THERE'S A, IF THERE'S A MEMBER OF THE COUNCIL THAT WISHES TO DO THAT, THAT CAN BE DONE. OKAY. UH, SO, HI, MY NAME IS JESSICA LY. I'M THE CO-CHAIR OF THE GO VALLEY NEIGHBORHOOD ASSOCIATION. UM, THANK YOU FOR YOUR TIME. UH, WE LOOK FORWARD TO WELCOMING COUNCIL MEMBER VELASQUEZ TO OUR MEETING ON SEPTEMBER 7TH. REALLY EXCITED TO HAVE YOU. UM, SO THE PART THAT I'M TALKING ABOUT IS THE ANITA COY, UH, THE A ISD DEVELOPMENT, WHICH WE'RE ALL FOR, IT'S A GREAT PROJECT. IT'S GONNA BE AT LEAST 50% AFFORDABLE HOUSING. UM, THE PROBLEM IS WE HAVE THIS WHOLE DB 90 ISSUE. WE HAD TONS OF COMMUNITY MEETINGS WHERE, UH, A ISD MET WITH THE NEIGHBORHOOD. WE HAD GREAT STAKEHOLDER INVOLVEMENT. EVERYBODY WAS ON BOARD, UH, WITH THE UNDERSTANDING THAT THIS IS NOT ON A MAIN CORRIDOR, AND THAT THIS WOULD BE LIKE MAX 40, MAYBE 60 FEET. [08:05:01] NOW, THE APPLICANT IS ASKING FOR DB 90 BECAUSE THEY'RE BEING TOLD BY THE CITY, THAT'S THE ONLY APPROPRIATE ZONING TO ASK FOR. THE NEIGHBORHOOD IS CONCERNED AND SAYING, WELL, CAN YOU DO A CONDITIONAL OVERLAY AND PUT SOME HEIGHT LIMITS ON IT? AND THEY'RE BEING TOLD BY THE CITY THAT THEY, THE APPLICANT CANNOT PUT THOSE HEIGHT LIMITS ON THERE. THAT, UH, THERE'S NO CONDITIONAL OVERLAY, NO, UM, COMPATIBILITY STANDARDS. WE'RE BEING FORCED INTO THIS. WE'RE, WE'RE TRYING TO HAVE A GOOD FAITH DIALOGUE. WE WANT TO WORK OUT A COMPROMISE WITH THE APPLICANT, A ISD, LIKE I SAID, ALL FOR THIS PROJECT, BUT WE DON'T WANT 90 FEET IN THE MIDDLE OF THE NEIGHBORHOOD, AND THAT'S THE ONLY THING THAT'S BEING ALLOWED. I JUST WANNA REITERATE WHAT, UH, RAUL ALVAREZ SAID, THERE NEEDS TO BE SOME AMENDMENTS TO THIS ZONING, UH, TO DB 90 TO ALLOW FOR THAT KIND OF COOPERATION SO THAT THE APPLICANT CAN SAY, OH, ACTUALLY WE DON'T EVEN WANNA BUILD OVER 75 FEET ANYWAY. ONE OF THE THINGS THAT WE'RE HEARING FROM DEVELOPERS IS THAT IF THEY BUILD OVER 75 FEET, THAT'S A DIFFERENT CLASS OF BUILDING. THAT'S A DIFFERENT SET OF BUILDING MATERIALS. IT'S MUCH MORE EXPENSIVE TO BUILD OVER 75 FEET. SO I REALLY DON'T UNDERSTAND WHO'S ASKING FOR 90 FEET. IT FEELS LIKE THIS NUMBER WAS KIND OF PLUCKED OUT OF THE AIR. AND GIVEN HOW DISPROPORTIONATELY IT'S AFFECTING ALL OF THE PROJECTS THAT ARE COMING IN ON THE EAST SIDE, THERE NEEDS TO BE SOME WORK DONE ON DB 90. UM, I, I CAN ONLY ASK, PLEASE, PLEASE, PLEASE, WILL SOMEONE POSTPONE IT SO THAT WE CAN, WHEN WE HAVE THESE NEGOTIATIONS, A ISD MEETS WITH THE NEIGHBORHOOD MULTIPLE TIMES, WE IRON OUT AN AGREEMENT ONLY TO HAVE THE CITY SAY, WELL, THE ONLY ZONING THAT FITS NOW IS DB 90. YOU CANNOT HAVE A HEIGHT LIMIT DESPITE IT NOT BEING ON A MAIN CORRIDOR. UM, IT, IT JUST DOESN'T FEEL RIGHT. IT DOESN'T FEEL FAIR. UM, PLEASE RECONSIDER POSTPONING ITEMS 1 97 AND 1 98. THANK YOU. THANK YOU. RUSSELL HAS SIX MINUTES TO SPEAK ON ITEMS. 1 97, 1 98. I'M A, A VOTER FROM DISTRICT THREE, AND I'M, UH, WANT TO ECHO SOME OF THOSE SENTIMENTS ABOUT ASKING FOR A DELAY ON THE DECISION OF THESE, UH, REZONING OF 1 97, 1 98. YOU KNOW, THE DEVELOPER HAS, UM, BEEN COMING TO THE NEIGHBORHOOD AND WE'VE AGREED, AND ALONG WITH OUR NEIGHBORHOOD PLAN, WE ALLOW FOR THESE TYPES OF DEVELOPMENTS ALONG OUR CORRIDORS. EAST SEVENTH, EAST FIFTH AIRPORT BOULEVARD. BUT THIS TYPE OF DEVELOPMENT, IT ISSUES, COMPATIBILITY REQUIREMENTS. IT PRESENTS UN UN UNCLEAR DEVELOPMENT OPPORTUNITIES AND IS NOT GONNA SERVE OUR NEIGHBORHOOD. IT'S IN THE CENTER OF THE NEIGHBORHOOD. IT'S TOO HIGH PERMISSIVE, AND IT'S GONNA DAMAGE THE CULTURE. SO I'M IN UNISON WITH THESE GROUPS. WE'RE WE'RE OKAY WITH THE MIXED USE DEVELOPMENT EVEN IN THIS SITE. AND WE'VE BEEN TRYING TO FIND A SOLUTION AND WE HAVE LOTS OF GOOD IDEAS, BUT, UM, AND WE'RE ALL FOR A ISD COMING UP WITH A SENSIBLE REVENUE STREAM, UM, TO MAKE UP FOR THEIR BUDGET SHORTFALLS. AND WE ALSO WANT MORE AFFORDABLE HOUSING. BUT A LOT OF THIS ABOUT, YOU KNOW, 80% IN MFI, THAT'S WHAT WE'RE TALKING ABOUT AT THE, THE PLANNING COMMISSION. THIS IS GONNA BE 80% OF MFI IN THE NEIGHBORHOOD. THAT'S A HUNDRED THOUSAND DOLLARS. WHO'S THAT REALLY HELPING IN THE EAST SIDE? I MEAN, SO I DON'T REALLY, I THINK THAT THIS IS LIP SERVICE, YOU KNOW, AND, UM, YOU KNOW, THE, THE FACT THAT THE DEVELOPER'S NOT EVEN OWNING UP TO THESE THINGS, IT, IT JUST KIND OF DISCREDITS THEM. I MEAN, I, I, I THINK THAT YOU CAN SEE THAT, UM, THERE'S ALSO A LOT OF MARKETING ABOUT THIS BEING FOR AIS D STAFF AND FACULTY, AND IT SEEMS UNENFORCEABLE. SO THIS SEEMS LIKE FALSE ADVERTISING. AND IF IT WERE TO BE ENFORCED, IT SEEMS LIKE IT WOULD VIOLATE THE FAIR HOUSING ACT. YOU CAN'T OFFER HOUSING DISCRIMINATOR TO THESE GROUPS. IT HAS TO BE ON SOCIOECONOMIC OR ECONOMIC GROUND GROUNDS. SO IT SEEMS A SPECIOUS CLAIM, AND IT SEEMS LIKE FALSE ADVERTISING. SO IT'S HARD TO TAKE IT ALL SERIOUSLY. YOU KNOW, IT'S, IT, IT, IT'S SO DISCONCERTING THAT WE'RE HERE. YOU'VE AGREED TO THE DB 90 LANGUAGE AND THEN THE ONE FELL SWOOP. WE'RE ALSO TRYING TO PROVE ALL THESE PROJECTS. HOW ARE YOU EXPECTING TO GET ANYTHING BUT RESISTANCE FROM THE COMMUNITY? I MEAN, I, I, I, WE, WE, WE DON'T KNOW WHAT WE'RE SIGNING UP FOR. YOU'VE PUT THE CART BEFORE THE HORSE. WHAT, WHAT DO YOU THINK YOU'RE DOING? BUT JUST TWISTING OUR ARM AS COMMUNITY MEMBERS. A LOT OF THIS WAS WR WRITTEN TO A LETTER TO YOU THIS LAST NIGHT, AND I HOPE YOU GUYS CAN CONSIDER MORE OF THIS. THERE'S ALSO A LOT OF ENVIRONMENTAL ISSUES AT THIS SITE. THE DEVELOPER PAID LIP SERVICE TO THE FACT THAT IN WHILE THEY'RE CHUCKLING THAT THEY'RE GONNA SAVE THE SOCCER FIELDS, OKAY? EVERY WEEKEND THERE'S [08:10:01] CHILDREN'S LEAGUES, THERE'S ADULT LEAGUES PLAYING SOCCER THERE. IT'S ALSO NOW A DOG PARK. NOW THAT THERE'S THREE, FIVE APARTMENTS RIGHT IN THE VICINITY. IT'S A DOG PARK AS WELL. IT'S ADJACENT TO BOGGY CREEK. IT'S OVER THE BOGGY CREEK WATERSHED. IT'S IN THE A HUNDRED YEAR FLOODPLAIN. THAT SOCCER FIELD IS THE FLOODPLAIN PORTION OF THE PROPERTY. IF THEY'RE GONNA SEEK THE DB 90, THEY'RE GONNA MAX OUT THAT DEVELOPMENT, AND THAT FIELD IS GONNA BECOME RETENTION POND. SO THE, THEIR PROMISES ABOUT A PARK IS PROBABLY GONNA REALLY BE FLOOD MITIGATION INTO BOGGY CREEK. THEY'RE ALSO MITIGATING AND GONNA BE HAVING TO CONSIDER THE CREEK THAT FEEDS INTO BOGGY CREEK RUNS THROUGH THIS PROPERTY INTO THE SPRINGDALE FARM, WHICH IS NOW, UH, A PROJECT THAT'S ON HOLD, AND IT'S AN ENVIRONMENTAL CATASTROPHE FOR THE NEIGHBORHOOD. WHEN STORY BUILT, DRILLED INTO THE GROUND TABLE THERE, WATER TABLE THERE, AND NOW THIS 20 ACRE LOT THAT'S BEING CONSIDERED FOR REZONING IS RIGHT BETWEEN ENVIRONMENTAL ISSUE AND A CREEK THAT IS KNOWN HISTORICALLY TO FLOOD THE ARMY CORPS OF ENGINEERS FLOOD MITIGATED BOGGY CREEK IN THE EIGHTIES. THIS, THE, THE RISK PROFILE OF THIS FLOODPLAIN IS ONLY HEIGHTENING AS WE INCREASE DEVELOPMENT. SO, IF IT WAS A FLOOD RISK IN THE EIGHTIES, IT'S PROBABLY A FLOOD RISK. NOW, 50 YEARS LATER, I, I JUST THINK WE NEED A LITTLE MORE TIME FOR THE COMMUNITY TO UNDERSTAND WHAT THEY'RE BUYING, BUYING INTO HERE. 'CAUSE WE'VE PASSED BONDS TO IMPROVE THIS PROPERTY. THERE'S A BOND, YOU KNOW, SIGN THE IMPROVEMENTS TO THIS PROPERTY RIGHT NEXT TO THE SITE REP RE REPURPOSING SIGN. THE COMMUNITY'S BEEN PARTICIPATING. WE HAVE GOOD IDEAS. YOU'RE, YOU'RE JUST NOT REALLY GIVING US A FAIR CHANCE, AND YOU'RE MAKING US FEEL LIKE YOU'RE REFUSING TO LISTEN. I, I HOPE YOU UNDERSTAND THAT, AND I HOPE YOU CAN THINK MORE ABOUT HOLDING OFF ANY DECISIONS ON THIS SITE AND A LOT OF THESE OTHER DB NINE PROJECT PROJECTS UNTIL THE COMMUNITY CAN UNDERSTAND MORE WHAT THIS IS ALL REALLY ABOUT. SO, THANKS FOR YOUR TIME. NOT TO MENTION, YOU KNOW, WHAT YOU'VE DONE TO THE EAST SIDE SINCE THE SPEAKER EARLIER TODAY, YOU KNOW, IN THE LATE TWENTIES, YOU STARTED OUT REDLINING AND CREATING THIS, ALL THIS SOCIOECONOMIC STRATIFICATION IN THE FIRST PLACE. TAKE THE CHANCE IN OUR GENERATION TO FIX IT, NOT JUST DOUBLE DOWN ON THE I 35 STRATIFICATION OF OUR CITY. IT'S EMBARRASSING. AND I'VE BEEN HERE FOR MOST OF MY LIFE NOW, 20 YEARS. I'M IN ONE OF THE INDUSTRIES THAT'S SUCCEEDING HERE. I AM KICKING MYSELF, THINKING ABOUT HOW I CAN BE PART OF THIS BIGOTED CITY. YOU KNOW, WE'RE, WE'RE, WE, WE NEED TO TAKE THESE THINGS MORE TO HEART. WE HAVE A CHANCE TO REALLY IMPROVE THINGS THROUGH THESE POLICIES, THROUGH THESE ZONING OPTIONS. AND WE'RE, WE'RE PUTTING THE CART BEFORE, BEFORE THE HORSE, AND WE'RE MISSING THE WHOLE MISSION OF AFFORDABLE HOUSING. THANK YOU. THANK YOU. EDGAR. EDGAR HANDEL. MM-HMM. SPEAKING ON ITEMS 1 97, 1 98. YOU HAVE SIX MINUTES. HI, I AM EDGAR HANDEL. I LIVE IN THE GO VALLEY NEIGHBORHOOD, NOT FAR FROM THE PROPOSED ANITA COI PROJECT WITH MY WIFE AND TWO KIDS. I CAME HERE TO SPEAK IN SUPPORT OF THIS REZONING AND ALLOWING THIS PROJECT TO MOVE FORWARD. ACTUALLY. UM, MY WIFE SIGNED UP AND, UM, SHE HAD TO LEAVE HOURS AGO BECAUSE, UM, YOU KNOW, WE HAD TO GO PICK UP MY 4-YEAR-OLD FROM PRESCHOOL, WHICH I MISSED. IT'S, UH, REALLY HARD TO SPEAK AT THESE WHEN IT HAPPENS AT, YOU KNOW, UH, REZONING ITEMS START AT TWO, BUT IT'S GOING TOWARDS SIX TO SEVEN. AND HONESTLY, I THINK IT'S ESPECIALLY HARD AND GOTTEN WORSE EVER SINCE. UH, THE SPEAKING TIME HAS GOTTEN REALLY, REALLY LONG, AND I KNOW MAYBE THAT, I DON'T KNOW. IT'S REALLY HARD. IT CAN BE VERY UNPREDICTABLE TO SPEAK. SO, I, I ALMOST LEFT, BUT ANYWAYS, SORRY, LEMME GET TO MY, THE TOPIC AT HAND. UM, I GREW UP IN AN UNDERFUNDED SCHOOL DISTRICT WITH MAJORITY BLACK AND BROWN STUDENTS. SO I FEEL STRONGLY ABOUT INCREASING THE RESOURCES AVAILABLE TO EAST AUSTIN STUDENTS AND TO A ISD AS A WHOLE. AND SO THIS PROJECT, HONESTLY SEEMS LIKE A SLAM DUNK TO ME, THE ADDED HOUSING AND INCREASED DENSITY OR ASSETS TO THE NEIGHBORHOOD INTO AUSTIN AND DOUBLY STONE. IN THE CASE OF THIS PROJECT, NOT ONLY ARE WE GETTING OVER 600 HOMES TARGETED TOWARDS TEACHERS AND SCHOOL STAFF, BUT ALSO POTENTIALLY OVER A MILLION DOLLARS PER YEAR IN REVENUE FOR ISD HOUSING. AFFORDABILITY, DISPLACEMENT AND SCHOOL FUNDING ARE SOME OF THE MOST CRITICAL ISSUES FACING AUSTIN AND [08:15:01] OUR NEIGHBORHOOD TODAY. AND MORE HOUSING HERE HELPS ADDRESS ALL OF THOSE. MORE HOUSING MEANS LESS PRESSURE ON NEIGHBORS. MORE HOUSING MEANS MORE A ID REVENUE AND LESS PRESSURE TO ASK FOR PROPERTY TAX INCREASES BECAUSE OF THIS. I THINK AUSTIN AND A IC ACTUALLY HAVE A DUTY TO THEIR CONSTITUENTS TO USE LAND EFFECTIVELY. FOR PROJECTS LIKE THIS, ANITA COI SHOULD SERVE AS A GOOD EXAMPLE OF WHAT WE, OF WHAT WE CAN DO WITH OTHER A ISD REPURPOSING PROJECTS AND WITH OTHER DEVELOPMENTS ON PUBLIC LAND. SO I HOPE YOU APPROVE THIS PROJECT AND ALLOW THIS PRO, UM, APPROVE THE REZONING AND ALLOW THIS PROJECT TO MOVE FORWARD. THANK YOU. THE NEXT BATCH OF SPEAKERS IS KATE ROBERSON, FELICIA MAXWELL, DONNA OSBORNE, SHEILA LEON, STEVE AMMOS, MIGUEL RIVERA, MICHAEL ARD. IF YOU'RE HERE, PLEASE LET ME KNOW YOUR NAME AND I CAN LET YOU KNOW. HOW MANY MINUTES. KATE ROBERTON. KATE, YOU HAVE SIX MINUTES. YOU'RE SPEAKING ON ITEMS 1 97 AND 1 98. OKAY. HELLO, MY NAME IS KATE ROBERTON. I'M A VOTER IN DISTRICT THREE, AND HERE TODAY IN COLLABORATION WITH THE ECHO VALLEY NEIGHBORHOOD ASSOCIATION. I WAS BORN AND RAISED HERE IN AUSTIN. I'M AN A ISD GRADUATE, A FORMER A ISD EMPLOYEE, A MUSICIAN, A HOMEOWNER, AND A BUSINESS OPERATOR ON SPRINGDALE ROAD. FIRST OF ALL, THANK YOU FOR YOUR TIME AND ATTENTION. I KNOW THAT IT'S BEEN A VERY, VERY LONG DAY. I WANT A ISD TO FIND SUCCESS IN THIS PROJECT. I KNOW FIRSTHAND THE IMPACT OF A NEW FACILITY AND WHAT IT CAN DO FOR THE UNDERSERVED POPULATIONS. I WORKED AT ROSEDALE SCHOOL AND WORKED WITH WITH THEM DURING FUNDRAISING, DURING THE BOND, UM, APPLICATION, AND DURING THAT DEVELOPMENT. AND IT WAS INCREDIBLE TO SEE THE IMPACT. HOWEVER, I AM HERE IN OPPOSITION OF ITEM 1 98, THE DEVELOPMENT ON THE ANITA COY FACILITY WITH THE INCLUSION OF DB 90. AND I'M URGING FOR A POSTPONEMENT IF POSSIBLE. I GREW UP IN THE ROSEDALE NEIGHBORHOOD AND WENT TO MCCALLUM HIGH SCHOOL, BUT I'VE LIVED AT MY RESIDENCE ON GONZALES STREET FOR OVER EIGHT YEARS. I'M INVESTED IN THIS CITY AND IN THE GO VALLEY NEIGHBORHOOD. I THINK WE CAN AGREE THERE'S A STARK AND DESIGNED DIFFERENCE IN THE DEVELOPMENT OF OUR CITY, BETWEEN THE EAST AND WEST SIDES OF I 35, WITH REGARDS TO BOTH THE CHARACTER OF THE NEIGHBORHOODS AND THE ENVIRONMENTAL PROTECTION OF THE AFFECTED POPULATIONS. AND THAT TREND CAN STOP TODAY. MY NEIGHBORS AND OTHER BUSINESS OWNERS IN THE AREA ARE INCREDIBLY CONCERNED WITH THE DEVELOPMENT AT THE ANITA COI FACILITY WITH THE ADDITION OF DB 90. AND WE WANT MORE TIME TO WORK WITH THE DEVELOPERS TO ENSURE COMPATIBILITY STANDARDS, AND ESPECIALLY NOW THAT DB 90 HAS JUST PASSED. WE LIVE IN A HIGHLY SENSITIVE AREA, BOTH IN RESPECT TO THE NATURAL ENVIRONMENT AND THE RAPIDLY ERASING CULTURE OF THE EAST SIDE. OUR NEIGHBORHOOD AND STREET CAN NOT HANDLE THE DEVELOPMENT OF THE PROPOSED 700 UNITS. I WOULD BE REMISS NOT TO MENTION THAT WE ARE STILL REELING FROM THE TRAGIC STORY BUILT DISASTER THAT USED TO BE OUR BELOVED SPRINGDALE FARM, WHERE ONCE WAS ROOTED, FERTILE, FERTILE SOIL NOW IS A GAPING SEVEN STORY DEEP CEMENT PIT FILLED WITH FRESH WATER FROM AN AQUIFER THAT WAS MISSED ON THE WATER SURVEY. AND AFTER, PERSONALLY SPEAKING WITH THE REPRESENTATIVES OF THE NRP GROUP AND A IC REPRESENTATIVE AT THE PLANNING COMMISSION MEETING, I LEARNED THAT THEY, AS MANY, MANY, MANY CITIZENS ARE UNAWARE, THAT STORY BUILT ACTUALLY STRUCK THE AQUIFER AT THE NEIGHBORING PROPERTY LOSING HUNDREDS OF THOUSANDS OF GALLONS OF WATER A DAY. AND WE ARE TALKING ABOUT DEVELOPING ANOTHER HUGE STRUCTURE WITH DB 90 ON AN ALREADY FRAGILE AQUIFER. BUT BEYOND THE ENVIRONMENTAL RISKS OF THE PROPOSED DEVELOPMENT, WE MUST ADDRESS THE PRESSING IMPACT ON THE NEIGHBORHOOD, INCLUDING INFLUX OF TRAFFIC ON RESIDENTIAL STREETS AND EXHAUSTIVE POWER ISSUES LIKE THE ONE WE HAD JUST A FEW WEEKS AGO. AS LY PREVIOUSLY MENTIONED, IN THE SUPPORT OF DB 90 BY COUNCILWOMAN POOL, DB 90 IS INTENDED AND DESIGNED FOR MAIN CORRIDORS. LADIES AND GENTLEMEN, THIS IS NOT A MAIN CORRIDOR. IT'S GONZALES STREET MANSEL AND SHADING LANE THREE RESIDENTIAL STREETS. I LIVE ON GONZALES STREET DIRECTLY ACROSS FROM THE SCHOOL, AND TWO PROPERTIES DOWN FROM THE LENNOX COMPLEX WHERE WE CAN BARELY HANDLE THE TRAFFIC WE GET FROM THE NEW APARTMENTS AND BARS AND RESTAURANTS. AND I WON'T EVEN GET INTO THE FACT THAT A ISD IS BUILDING THE ALTERNATIVE LEARNING CENTER, WHICH SERVES ANOTHER VULNERABLE POPULATION DOWN THE STREET FROM THREE BARS AND AN ENCROACHING DOWNTOWN. I'M IN FAVOR OF CREATING HOUSING AT THE ANITA COY SITE, BUT NOT WITH DB 90. THERE ARE JUST TOO MANY RISKS. IN ADDITION, THERE'S BEEN A LACK OF SUFFICIENT COMMUNITY INVOLVEMENT FROM THE DEVELOPERS AND A ISD. THIS PROPOSAL IS BEING PUSHED THROUGH INCLUDING DB 90, WITHOUT THE PROPER INVOLVEMENT [08:20:01] FROM THE NEIGHBORHOOD. ALTHOUGH THE DEVELOPERS ARE BOASTING THAT IT HAS, IT WAS INITIALLY PROPOSED AS A VMU THAT MY AND OTHER NEIGHBORS UNDERSTOOD TO MEAN 40 FEET AND RAISED TO 60 FEET, AND NOW 90. THIS WAS NOT PART OF THE CONVERSATION AND IS NOT IN ACCORDANCE WITH THE NEIGHBORHOOD PLAN. WE HAVE UNDERREPRESENTED POPULATIONS THAT ARE NOT BEING INCLUDED IN THIS CONVERSA CONVERSATION OR DECISION MAKING, A DECISION THAT WILL IMPACT THE LANDSCAPE OF OUR NEIGHBORHOOD FOR THE FORESEEABLE FUTURE. I'M GRATEFUL TO HAVE THE PRIVILEGE TO BE HERE TODAY AND TO ADDRESS THESE CONCERNS. WE WILL CONTINUE TO WORK WITH THE NRP GROUP AND SEE HOW WE CAN TAILOR TO THE, THE DEVELOPMENT TO SERVE BOTH A ISD AND OUR COMMUNITY. WE NEED MORE TIME TO ENGAGE WITH THE DEVELOPERS TO CONSIDER THE IMPACTS OF DB 90 AND UNDERSTAND THE POTENTIAL RISKS AND BENEFITS TO THE COMMUNITY. SO I SINCERELY URGE CITY COUNCIL TO REEVALUATE THE NEED OF COI PROPOSAL WITHOUT DB 90 TO MAINTAIN THE INTEGRITY OF OUR WATERWAYS, ENERGY SOURCES AND CHARACTER OF OUR NEIGHBORHOOD. AND IF POSSIBLE, I OPPOSE DB I OPPOSE ITEM 1 97 AND 1 91 98, AND ASK FOR A POSTPONEMENT TO OCTOBER 24TH IN SOLIDARITY WITH THE REQUEST FROM THE AUSTIN NEIGHBORHOODS COUNCIL, EAST AUSTIN CONSERVANCY, GO VALLEY AND JOHNSON TERRANCE. CONTACT TEAM AND PODER, AND ASK FOR A MORATORIUM TO OCTOBER 24TH TO GIVE TIME TO COMPLETE THE ORDINANCE LANGUAGE AND HAVE IT REVIEWED BY THE COMMUNITY BEFORE, BACK BEFORE COMING BACK TO COUNCIL FOR A VOTE. THANK YOU FOR YOUR TIME AT THIS TIME, EVERYONE'S NAMES HAVE BEEN CALLED FOR ZONING. THANK YOU MEMBERS. THAT, UH, CONCLUDES ALL OF THE SPEAKERS ON OUR ZONING ITEMS. THERE IS A MOTION AND A SECOND TO APPROVE THE CONSENT AGENDA AS IT WAS LAID OUT. LET ME ASK IF THERE IS ANY DISCUSSION. I JUST HAD COMMENTS ON THE TWO IN MY DISTRICT. I DIDN'T KNOW IF ANYONE ELSE HAD QUESTIONS THEY WANTED TO ADDRESS FIRST. FEEL FREE TO FEEL FREE TO GO. OKAY, THANK YOU. I KNOW THERE'S BEEN A LOT OF CONVERSATION ABOUT ITEMS 80, UH, 180 6 AND 180 7, OR THIS IS A LONG AGENDA. UM, AND I REALLY APPRECIATE THE, UH, ACTIONS OF THE NEIGHBORS TO BE INFORMED ON THIS AND COMMUNICATE WITH ME ON MY, IN MY OFFICE ABOUT WHAT THEY WANNA SEE IN THE DISTRICT. UM, THIS PROJECT IN WEST CREEK, IT WAS ORIGINALLY PLANNED AS RESIDENTIAL AND COMMERCIAL, SO IT WAS TRYING TO UTILIZE A DIFFERENT STYLE OF ZONING THAT WE HAD ALLOWED. UM, IT MADE SURE THAT AFFORDABLE HOUSING WAS PART OF THAT PLAN. AND THEN WHEN THE COURT STRUCK DOWN OUR ABILITY TO USE RESIDENTIAL AND COMMERCIAL, THEY HAD TO PIVOT AND, AND TRY TO USE SOMETHING ELSE THAT WAS GOING TO BE AVAILABLE TO THEM. SO WHILE I WANNA SAY I WOULD LOVE TO SEE MORE WALKABLE FIRST FLOOR, ESPECIALLY IN DISTRICT EIGHT, WE NEED TO BE CONNECTING OUR COMMUNITIES IN THESE REALLY SMART WAYS AND GETTING PEOPLE OUT OF THEIR CARS OVER THE EDWARDS AQUIFER. UM, THIS ONE HAD JUST BEEN A BIT FURTHER DOWN, UM, IN ITS PLANNING PROCESS TO BE ABLE TO PIVOT AND DO THAT. I WILL ADD, WE'VE RECEIVED EMAILS RANGING EVERYTHING FROM APPRECIATION FOR ADDING THIS TYPE OF HOUSING, SO CLOSE TO THE GOOD SCHOOLS AND JOBS THAT ARE NEARBY TO AN EXPLETIVE LADEN RANT BY ONE OF MY CONSTITUENTS, WHICH IS QUITE UNFORTUNATE. I KNOW IT WAS BROUGHT UP AT THE PLANNING COMMISSION. UM, BUT I DO APPRECIATE THE APPLICANT, UM, WORKING WITH FOLKS AND REALLY BEING CAREFUL ABOUT HOW MUCH HEIGHT IS BROUGHT INTO THIS AREA. UM, AND TO MINIMIZE INGRESS EGRESS ONTO WEST CREEK DRIVE, I WILL POINT MY COLLEAGUES TO, UM, A MOTION THAT I HAD CIRCULATED BY THE AGENDA OFFICE EARLIER. AND ALL IT DOES IS DIRECT THE CITY MANAGER TO EVALUATE AND LOOK AT IF ANY OF THESE OTHER TRAFFIC ISSUES CAN BE MITIGATED WHILE WE ARE TAKING UP THIS CONVERSATION. SO WHETHER OR NOT THIS PROJECT ULTIMATELY GETS BUILT, I THINK IT'S IMPORTANT TO LOOK AT TRAFFIC IMPACTS ALONG WEST CREEK. I'VE SEEN IT WITH MY OWN EYES AND I KNOW IT'S IMPACTING FAMILIES AS THEY TAKE THEIR KIDS TO PLAY SPORTS ON THE WEEKENDS. UM, BUT SPEED MANAGEMENT ISSUES, A POTENTIAL PEDESTRIAN CROSSING BEACON, ADDING WEST CREEK DRIVE TO THE ROADWAY CAPACITY PLAN, IF THAT IS SOMETHING THAT'S EVALUATED AND STAFF FINDS THAT TO BE REASONABLE, THAT WOULD MAKE IT ELIGIBLE FOR USE OF STREET IMPACT FEES FOR IMPROVEMENTS, INCREASED PARKING ENFORCEMENT, BETTER SIGNAGE FOR NO PARKING AREAS, AND, UM, SCHOOL CROSSING GUARD SUPPORT AND OTHER SOLUTIONS TO INCREASE SAFETY. AND SO I KNOW THERE'S A LOT GOING ON ON THIS PARTICULAR STREET, ESPECIALLY AS KIDS ARE, UM, ARE GOING TO THEIR SOCCER GAMES. THERE'S A BUNCH OF FIELDS OUT THERE, SO IT'S A REALLY GREAT AREA, BUT THERE ARE A LOT OF FAMILIES AND, UM, CAR CONFLICTS THAT ARE HAPPENING. UM, TOO MANY PEOPLE ARE SPEEDING AND THERE'S BLIND CORNERS, SO A LOT OF PEOPLE ARE TURNING AND CREATING MORE CONFLICTS IN THAT AREA. SO I HOPE AT THE VERY LEAST THIS CONVERSATION IS OPENING UP THE NEED FOR THOSE TRAFFIC ASSESSMENTS TO BE DONE. UM, BUT BECAUSE THIS PROJECT HAD STARTED IN A DIFFERENT WAY AND IS, UH, PRETTY FAR DOWN THE LINE ALREADY, I'M GONNA BE SUPPORTING IT TODAY ON THREE READINGS, [08:25:01] BUT JUST DEFINITELY WANNA INDICATE AS MORE OF THESE CASES COME THAT THAT WALKABLE FIRST FLOOR IS GONNA BE REALLY, REALLY IMPORTANT FOR ME. THANK YOU. COUNCIL MEMBER, ARE YOU WANTING TO OFFER THIS AS AN AMENDMENT ON 180 6 AND 180 7, OR SIMPLY SPEAK TO THE DIRECTION THAT YOU'D LIKE FOR THE MANAGER TO TAKE? RIGHT. WHAT I HAD DESCRIBED, BECAUSE IT, IT SAYS MOTION, BUT IT'S DIRECTION BECAUSE IT DOESN'T ACTUALLY CHANGE THE TEXT OF THE ORDINANCE. I UNDERSTAND. I JUST WANT THAT, THAT'S THE WAY I READ IT AS WELL. I JUST WANTED TO MAKE SURE I WAS DOING WHAT YOU WERE SEEKING TO ACHIEVE THERE. PERFECT. WE'RE ON THE SAME WAVELENGTH. ALL RIGHT. VERY GOOD. I APPRECIATE IT. UH, THANK YOU. AND THANK YOU FOR THOSE COMMENTS. COUNCILMAN RIVERA. UH, THANK YOU, MAYOR. I JUST WANTED TO COMMENT BRIEFLY ON ITEM, UH, 180 4. UH, IT'S A DEVELOPMENT THAT'S ON THE CORNER OF, UH, 51ST. AND, UH, CAMERON, UH, I KNOW THERE'S BEEN SOME BROAD KIND OF LET'S DELAY ALL THE DB 90, UH, CASES, BUT I JUST WANTED TO POINT OUT THAT THIS ONE, UH, WAS UNANIMOUSLY APPROVED BY HIS CONTACT TEAM, WAS UNANIMOUSLY APPROVED BY THE PLANNING COMMISSION, UH, AND HAS A FULL SUPPORT OF THE NEIGHBORHOOD. UH, THIS IS AN AREA OF SOME EMPTY LOTS AND A BUNCH OF ABANDONED BUILDINGS THAT, UH, WILL HAVE ABOUT, UH, 40,000 SQUARE FOOT GROCERY STORE, ABOUT 40,000 SQUARE FEET OF RETAIL, ABOUT 500 UNITS, UH, BECAUSE IT'S A GOOD CHUNK OF LAND THERE. IT'S GONNA BE A LITTLE PARK THERE WITH A PARKLAND DEDICATION. AND MY CONSTITUENTS, THE ONLY COMMENTS I HEAR ABOUT IS, IS WHY IS IT TAKING SO LONG? WHEN ARE THEY GONNA GET, UH, THIS DONE AND WHEN ARE THEY GONNA BUILD THAT AREA? SO I JUST WANTED TO, UH, TO POINT THAT OUT. I'M VERY HAPPY TO, UH, GET THIS DONE. AND, UH, REALLY HOPING TO SEE CONSTRUCTION START, UH, AS SOON AS POSSIBLE. IT'S A REALLY GOOD DEVELOPMENT IN A REALLY GOOD LOCATION, UH, AND, UH, FULLY SUPPORTED. THANK YOU. THANK YOU. COUNCIL MEMBER, UH, ANY FURTHER DISCUSSION MEMBERS? IS THERE ANY ITEM THAT A MEMBER WISHES TO PULL FROM THE CONSENT AGENDA? ANY ITEM THAT A MEMBER WISHES TO ABSTAIN OR BE SHOWN ABSTAINING ON A VOTE ON THE CONSENT AGENDA? ANY ITEM THAT A MEMBER WISHES TO BE SHOWN RECUSING THEMSELVES FROM A VOTE ON THE CONSENT AGENDA? I, I'M GONNA ASK, I'VE GOT COUNCIL MEMBER VELASQUEZ VOTING NO ON ITEM NUMBER 180 3. UM, ARE THERE ANY OTHER ITEMS THAT A COUNCIL MEMBER WISHES TO BE SHOWN VOTING NO. ALL RIGHT, THEN WITHOUT OBJECTION, THE CONSENT AGENDA IS ADOPTED WITH COUNCIL MEMBER VELASQUEZ BEING SHOWN VOTING NO ON ITEM 180 3. COUNCIL MEMBER HARPER MADISON BEING ABSENT. AND COUNCIL MEMBER ALLISON ALTER BEING OFF THE DAES. THANK YOU. MEMBERS. MEMBERS. UM, YOU'LL RECALL THAT ITEM ONE OH FIVE WAS PULLED FROM THE CONSENT AGENDA. [Executive Session] UH, WITHOUT OBJECTION, THE CITY COUNCIL IS GOING TO NOW GO INTO A CLOSED SESSION TO TAKE UP TWO ITEMS PURSUANT TO SECTION 5 5 1 0 7, 1 OF THE TEXAS GOVERNMENT CODE. THE CITY COUNCIL WILL DISCUSS LEGAL ISSUES RELATED TO ITEM 1 0 5, AUTHORIZE AN AMENDMENT TO A LEGAL SERVICES AGREEMENT WITH SCHMOYER REINHARD, LLP FOR SERVICES RELATED TO SAMANTHA LEKE VERSUS CITY OF AUSTIN. CAUSE NUMBER 1 23 CV 0 0 8 0 3 RP IN THE UNITED STATES DISTRICT COURT OF THE WESTERN DISTRICT OF IN AUSTIN, TEXAS, IN THE AMOUNT OF $293,000 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $367,000. IF I COULD ASK EVERYBODY TO TAKE YOUR CONVERSATIONS OUTSIDE, IT WOULD BE MUCH APPRECIATED. THE CITY COUNCIL WILL ALSO TAKE UP ITEM TWO 20, SAVE OUR SPRINGS ALLIANCE, INC. ET AL VERSUS THE CITY OF AUSTIN, MAYOR ET AL. CAUSE NUMBER D ONE GN 2 4 5 2 3 2 IN THE 98TH JUDICIAL DISTRICT OF TRAVIS COUNTY, TEXAS. IS THERE ANY OBJECTION TO GOING INTO THE EXECUTIVE SESSION ON THE TWO ITEMS ANNOUNCED? HEARING NONE, THE COUNCIL WILL NOW GO INTO EXECUTIVE SESSION AT 7:00 PM FOR MEMBERS OF THE PUBLIC. WHEN THE CITY COUNCIL ENDS ITS EXECUTIVE SESSION, I WILL COME BACK OUT AND ANNOUNCE THAT WE ARE OUT OF EXECUTIVE SESSION. THERE ARE NO OTHER ITEMS TO COME BEFORE THE AUSTIN CITY COUNCIL OTHER THAN, THAN THESE ITEMS, UNLESS WE COME BACK AND VOTE ON ITEM 1 0 5. IF WE DO THAT, WE'LL BE BACK IN HERE TO VOTE ON IT. IF, IF NOT, WE'LL, WELL, WE'RE GONNA HAVE TO VOTE ON IT NO MATTER WHAT. UM, UH, 'CAUSE I THINK MY WAY AS I THINK MY WAY THROUGH THAT, SO I WAS TRYING TO SAVE HIM SOME TIME. BUT COME ON BACK. COME ON BACK. ALRIGHT, SEVEN O'CLOCK. THANK Y'ALL. I'LL, UH, I'LL CALL THE AUSTIN CITY COUNCIL BACK TO, UH, ORDER IN THE, UH, OPEN SESSION. WE'RE OUT OF CLOSED SESSION AND ENCLOSED SESSION. [105. Authorize an amendment to a legal services agreement with Schmoyer Reinhard, LLP for services related to Samantha Liedke v. City of Austin, Cause No. 1:23-cv-00803-RP in the United States District Court, Western District, Austin, Texas, in the amount of $293,000 for a total contract amount not to exceed $367,000. ] WE DISCUSSED LEGAL ISSUES RELATED TO ITEMS 1 0 5 AND TWO 20, UH, MEMBERS YOU'LL RECALL, 1 0 5 WAS PULLED FROM THE CONSENT AGENDA. I'LL BRING BACK [08:30:01] UP ITEM NUMBER 1 0 5. AND THE WAY I, UH, LET'S APPROACH THIS IS I'LL ENTERTAIN A MOTION IN A SECOND AND THEN WE WILL HAVE DISCUSSION. UM, IS THERE A MOTION ON ITEM NUMBER 1 0 5? COUNCIL MEMBER CADRE MOVES APPROVAL OF 1 0 5. IT'S SECONDED BY THE MAYOR PRO TEM DISCUSSION. UH, COUNCIL MEMBER KELLY, THEN FOLLOWED BY COUNCIL MEMBER FUENTES. YES. THANK YOU, MAYOR, FOR THE RECOGNITION. I REALLY, UM, BELIEVE AFTER REFLECTION THAT IT IS IMPORTANT THAT COUNCIL IS MADE AWARE OF ANY UPDATES RELATED TO THIS CASE ONGOING, SO THAT WE CAN ENSURE THAT WE UNDERSTAND WHAT'S GOING ON AND CAN MOVE FORWARD IN THE WAY THAT WE NEED TO. BECAUSE, UM, I WANNA MAKE SURE THAT THE OUTCOME IS ONE THAT WE ARE AWARE OF AND FULLY AND COMPLETELY UNDERSTAND. THANK YOU. THANK YOU. COUNCIL MEMBER. COUNCIL MEMBER FUENTES. UH, THANK YOU. UM, UH, SURPRISE OR, OR SHOCKING THAT COUNCILOR KELLY AND I AGREE ON THIS ISSUE AND THAT JUST ALSO WANNA REITERATE, UH, FOR A CITY LEGAL, THAT OUR EXPECTATION IS THAT WE COUNSEL BE RECEIVING REGULAR UPDATES ON THE STATUS OF THE CASE. THANK YOU. I THINK IT'S IMPORTANT. I, I I WANT TO HIGHLIGHT WHAT THE TWO COUNCIL MEMBERS JUST SAID. UM, I THINK IT'S GONNA BE VERY IMPORTANT THAT THE COUNCIL RECEIVE ROUTINE AND FREQUENT UPDATES ON THE STATUS OF THIS CASE. UM, THE MOTION HAS BEEN MADE AND SECONDED. IS THERE ANY FURTHER DISCUSSION WITHOUT OBJECTION? ITEM NUMBER 1 0 5 IS ADOPTED WITH COUNCIL MEMBER HARPER MADISON. ABSENT, COUNCIL MEMBER ALLISON ALTER OFF THE DAIS. AND YEAH, WITH THAT BEING SAID, THERE'S NO FURTHER BUSINESS TO COME BEFORE THE AUSTIN CITY COUNCIL AT THIS REGULAR MEETING OF THE AUSTIN CITY COUNCIL. SO WITHOUT OBJECTION, WE ARE ADJOURNED. IT IS 8:10 PM YOU ARE HOME. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.