* 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] CAN FIND THEIR SEATS PLEASE. TIME TO FIND YOUR SEATS AND SETTLE DOWN. [CALL TO ORDER ] ALL RIGHT. THE TIME IS 6:00 PM AND I'M CALLING TO ORDER THE REGULAR MEETING OF THE ENVIRONMENTAL COMMISSION. IT IS WEDNESDAY, JUNE 17TH, 2026. WE ARE AT THE PER FRONT CHAIR. YEP. SORRY, WE, UH, WE DON'T HAVE FORUM, DON'T HAVE QUORUM YET. FORUM. JUST KIDDING. THAT WAS PRACTICE. . UM, ISABELLA SHOULD BE JOINING ONLINE. I THINK WE'RE GOOD NOW. TAKE A SECOND. WE GOOD NOW? OKAY. TAKE TWO. SO I'M CALLING TO ORDER THE REGULAR MEETING OF THE ENVIRONMENTAL COMMISSION. TODAY IS WEDNESDAY, JUNE 17TH, 2026. THE TIME IS 6:01 PM WE ARE AT THE PERMITTING AND DEVELOPMENT CENTER ROOM 1405 AT 6 3 1 0 WILLAMINA DELCO DRIVE, AUSTIN, TEXAS. AND WE'LL START BY ESTABLISHING QUORUM. COMMISSIONER BRIMER HERE. COMMISSIONER CHIT, CAN YOU TURN ON YOUR VIDEO FOR THE ROLL CALL PLEASE? WE'LL COME BACK TO YOU. COMMISSIONER? YES. HERE. OH, COMMISSIONER CHIT HERE. COMMISSIONER LUKI. HERE. VICE CHAIR BRISTOL. HERE. COMMISSIONER FIRO? HERE. COMMISSIONER SULLIVAN HERE. I'M CHAIR KRUEGER. I'M ALSO HERE. WITH THAT WE HAVE QUORUM. ALRIGHT, SO NEXT WE ARE GOING TO GO TO GENERAL PUBLIC COMMUNICATION CHAIR. NO. HAS SIGNED UP FOR PUBLIC COMMUNICATION. ALL RIGHT, THANK YOU. SO NEXT WE WILL ENTERTAIN [APPROVAL OF MINUTES] A MOTION TO APPROVE LAST MEETING'S MINUTES. SO MOVED. SECOND. MOVED BY COMMISSIONER SULLIVAN. SECONDED BY VICE CHAIR BRISTOL. ALL THOSE IN FAVOR, PLEASE INDICATE BY RAISING YOUR HANDS. ALL RIGHT, I SEE UNANIMOUS MOTION PASSES. SO NEXT WE'RE GONNA GO TO [2. Staff briefing regarding the Spill Response Program. Presentation by Ana Gonzalez, Environmental Monitoring and Compliance Division Manager, and Biz Yarbrough, Environmental Compliance Specialist Senior, Austin Watershed Protection.] STAFF BRIEFINGS. ITEM NUMBER TWO, STAFF BRIEFING REGARDING THE SPILL RESPONSE PROGRAM. PRESENTATION BY ANA GONZALEZ, ENVIRONMENTAL MONITORING AND COMPLIANCE DIVISION MANAGER AND BIZ YARBOROUGH ENVIRONMENTAL COMPLIANCE SPECIALIST, SENIOR AUSTIN WATERSHED PROTECTION. HELLO, CAN YOU HEAR ME NOW? YES. THANK YOU SO MUCH FOR HAVING US TODAY. I AM JUST INTRODUCING THE PRESENTER TODAY. UH, BUSY BOROUGH WILL PRESENT ABOUT A PROGRAM THAT WE HAVE IN OUR DEPARTMENT, AUSTIN WORSHIP PROTECTION AND WE'RE VERY PROUD OF TO PRESENT. AND IS THIS BILLS PROGRAM? SO GIVING HER THE FLOOR FOR THE PRESENTATION? YES. THANK YOU. ALRIGHT, WELL GOOD EVENING AND THANK YOU GUYS FOR HAVING ME HERE TONIGHT. UM, IT'S REALLY GOOD TO SEE YOU. HOPE YOU'VE BEEN ENJOYING ALL THIS WET WEATHER WE'VE HAD LATELY. SO, UM, LIKE ANNA SAID, MY NAME IS BIZ YARBOROUGH. SHE HER, UM, I'M AN ENVIRONMENTAL COMPLIANCE SPECIALIST WITH THE WATER, WATER QUALITY COMPLIANCE SECTION WITHIN AUSTIN WATERSHED PROTECTION DEPARTMENT. SO I'M HERE TODAY AT THE INVITATION OF OUR ENVIRONMENTAL OFFICER LIZ JOHNSON, TO PROVIDE Y'ALL WITH AN OVERVIEW OF OUR SPI RESPONSE PROGRAM, WHICH IS ONE OF THE TWO, UM, TWO OF ONE OF TWO CORE PROGRAMS DELIVERED BY OUR TEAM, WHICH IS OFTEN REFERRED TO AS THE SPILLS TEAM. SO MY PRESENTATION THIS EVENING WILL AIM TO EXPLAIN THE PROGRAM IN TERMS OF THE WHO, WHAT, WHERE, WHEN, WHY, AND HOW. SO WITH THAT, I WILL GO AHEAD AND JUMP RIGHT INTO IT. I'LL TRY TO, OH, OH, THAT'S A LOVELY BIRD, BUT IT IS NOT MY BIRD. . HMM. PERFECT. YES. SO WHO ARE WE? UM, AT OUR CORE, WE ARE BOOTS ON THE GROUND. ENVIRONMENTAL COMPLIANCE REGULATORS. WE'RE EMERGENCY FIRST RESPONDERS AND WE'RE POLLUTION INVESTIGATORS. I MAY NOT BE USING THIS GUY CORRECTLY. THERE IT GOES. JUST HAS A LITTLE DELAY. SO HERE WE ARE. UM, WE ARE A SPECIALIZED TEAM COMPRISED OF 13 AND A HALF FULL-TIME EMPLOYEES. UH, WE ARE ENVIRONMENTAL EMERGENCY FIRST RESPONDERS. WE OPERATE 24 7 365. WE COME FROM A WIDE VARIETY, UM, OF ENVIRONMENTAL ENFORCEMENT AND EMERGENCY RESPONSE BACKGROUNDS, INCLUDING FIREFIGHTING, POLICE RANGERS, PUBLIC HEALTH, AND STATE REGULATORS. OUR EXTENSIVE TRAINING INCLUDES INCIDENT COMMAND SYSTEM. WE ALSO DO OSHA 40 HOUR HAS WHOPPER TRAINING, UM, HAS WHOPPER IS HAZARDOUS WASTE OPERATIONS AND EMERGENCY RESPONSE. SO THAT ENSURES THAT WE ARE ALWAYS PREPARED TO [00:05:01] RESPOND. UM, SOMETIMES WE LIKE TO REFER TO OURSELVES AS SMALL DELAY . THERE IT GOES, WATER QUALITY DEFENDERS. SO SOMETIMES WE ARE THE GREASE TO HELP GET THINGS MOVING IN THE RIGHT DIRECTION. SOMETIMES WE'RE THE GLUE IF WE NEED TO BRING THE RIGHT FOLKS TOGETHER TO SOLVE A PROBLEM. SOMETIMES WE'RE THE MUSCLE WHEN LAWS GET BROKEN AND ENVIRONMENTAL RULES MUST BE ENFORCED. SO WHEN THINGS GO WRONG AND ALL OF OUR OTHER SYSTEMS FAIL, WHEN POLLUTANTS SLIP PAST THOSE EDUCATION CAMPAIGNS, THE RULES AND POLICIES, THE STRUCTURAL CONTROLS, THAT'S WHERE THE SPILL RESPONSE PROGRAM IS THE LAST LINE OF DEFENSE TO PROTECT AUSTIN'S WATER QUALITY. UH, ONE THING WE ARE NOT, AND SOMETIMES GET CONFUSED FOR BEING, IS THE GO-TO CITY SPILL CLEANUP SERVICE. UM, SO SOMETIMES WE WILL CONDUCT MINOR CLEANUPS WHEN IT'S EFFICIENT, BUT THIS IS TYPICALLY DONE AS A COURTESY. SO OUR ROLE IS REGULATORY AND OUR FOCUS IS ON IDENTIFYING THE RESPONSIBLE PARTY AND MAKING SURE THAT THEY ARE HELD LEGALLY LIABLE, GUIDING THEM THROUGH THE PROCESS TO GAIN COMPLIANCE. SO THE FUNDAMENTAL PURPOSE OF THE SPILL RESPONSE PROGRAM IS TO DETECT AND ELIMINATE POLLUTING DISCHARGES. SO WE'RE GONNA BREAK DOWN HOW WE DETECT THESE DIFFERENT DISCHARGES. SO A BIG PART OF OUR PROGRAM IS MONITORING. OUR TEAM MEMBERS ARE PRIMARILY WORKING OUT IN THE FIELD AND WE KEEP OUR EYES OPEN. WE'RE MONITORING ANY DISCHARGES TO THE DRAINAGE SYSTEM. WE SCREEN STORM SEWER, STORM SEWER, OUTFALLS DURING DRY PERIODS, UH, PERIODS OF DRY WEATHER TO DETECT NON STORMWATER DISCHARGES THAT MAY BE ILLEGAL. OFTEN WE COME ACROSS POLLUTION VIOLATIONS OURSELVES WITHOUT EVEN RECEIVING ANY REPORTS. UM, BUT OF COURSE WE CAN'T HAVE OUR EYES ON ALL PARTS OF THE CITY AT ALL TIMES. SO WE AIM TO BUILD TRUST AND RECOGNITION IN THE COMMUNITY. UM, AND WE RELY ON HELP FROM RESIDENTS, OTHER WATERSHED TEAMS AND PARTNER AGENCIES TO ALERT US OF SPILLS. AUSTIN THREE ONE ONE IS OUR PRIMARY CALL INTAKE CHANNEL FOR COMMUNITY MEMBERS TO REPORT POLLUTION. AND THE SERVICE REQUEST TYPE IS ENVIRONMENTAL SPILLS. SO OUR WONDERFUL, UM, COMMUNICATIONS AND ENGAGEMENT TEAM ADVERTISES THE SPILL RESPONSE PROGRAM ONLINE AND ON THE RADIO, UH, WITH A CALL TO ACTION TO REPORT POLLUTION BY CALLING AUSTIN 3 1 1. AND MANY OF OUR CASES ARE INITIATED BY THESE TYPES OF RESIDENTS REPORTS. UM, WE'RE ALSO NOTIFIED OF SPILLS BY MANY OF OUR PARTNERING AGENCIES, INCLUDING THE FIRE DEPARTMENT, AUSTIN WATER, AUSTIN DEVELOPMENT SERVICES, IT'S DSD HERE, UH, AUSTIN RESOURCE RECOVERY, THE AIRPORT, AUSTIN ENERGY, TRAVIS COUNTY, AND THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. SO RESPOND. UM, WE ARE EXCEPTIONALLY RESPONSIVE TO PUBLIC CONCERNS AND WE RESPOND TO A HUNDRED PERCENT OF THE POLLUTION REPORTS THAT WE RECEIVE. UM, WHEN ACTIVE DISCHARGES ARE REPORTED, WE DEPLOY AND AIM TO BE ON SCENE WITHIN ONE HOUR ANYWHERE IN AUSTIN. TALK ABOUT THAT IN A SECOND. UM, INVESTIGATE. SO WE WORK TO IDENTIFY WHAT THE ISSUE IS AND TO DETERMINE THE SOURCE, THE CAUSE AND WHO IS RESPONSIBLE. MAPS OF CITY INFRASTRUCTURE LIKE THIS. GIS SNIPPET AID US GREATLY IN THESE INVESTIGATIONS. SO WHEN WE'RE UNABLE TO IDENTIFY WHO THE RESPONSIBLE PARTY IS, PROPERTY OWNERS ARE HELD LIABLE. AND WHEN SPILLS OCCUR ON PUBLIC PROPERTY, THE CITY MUST LEAVE CLEANUP. AND FINALLY, WE ASSESS. SO WE'RE ASSESSING THE POLLUTION IMPACTS IN TERMS OF SPATIAL EXTENT AND ENVIRONMENTAL DAMAGE. OFTEN WE COLLABORATE WITH THE APPLIED WATERSHED SCIENCE TEAMS, EXPERTS, UM, BIOLOGISTS, GEOLOGISTS, AND HYDROLOGISTS OR GREAT PARTNERS. SO IN ADDITION TO, UM, DETECTING POLLUTING DISCHARGES, WE ARE REALLY AIMING TO ELIMINATE THEM. SO THIS IS HOW WE DO THAT. WE GET INVOLVED, WE CALL A TIMEOUT, AND WE COMMUNICATE WITH WITNESSES AFFECTED PROPERTY OWNERS AND RESPONSIBLE PARTIES TO GAIN A GOOD UNDERSTANDING OF THE SITUATION. WE WANT PHYSICAL CONTROL OF THE POLLUTANT DISCHARGE. SO IN MANY CASES, OUR TEAM IS FIRST ON THE SCENE AND WE CAN PROVIDE INITIAL CONTROL MEASURES THAT FOCUS ON STOPPING THIS DISCHARGE AND CONTAINING THE EXTENT TO LIMIT POLLUTANT MOBILITY, STOPPING THE SPREAD OF CONTAMINATION AND THE ASSOCIATED CLEANUP NEEDS. WE DO A LOT OF THIS, UM, EDUCATION AND INFORMING PEOPLE ABOUT THE LAWS THAT PROHIBIT POLLUTION AND WHY POLLUTION IS A PROBLEM. EXPLAINING HOW POLLUTANTS CAN AFFECT OUR ENVIRONMENT AND ADVISE ON BEST MANAGEMENT PRACTICES. SO DIRECTING COMPLIANCE, THIS IS WHERE OUR TEAM IS REALLY EFFECTIVE IN MOVING THE NEEDLE AND SUPPORTING WATERSHED HEALTH. WE WORK WITH RESPONSIBLE PARTIES TO ENSURE THAT DISCHARGES ARE STOPPED AND POLLUTANTS ARE RECOVERED FROM THE ENVIRONMENT TO THE GREATEST EXTENT FEASIBLE. WE ISSUE CORRECTIVE ACT [00:10:01] ACTIONS AND ESTABLISH A COMPLIANCE SCHEDULE AND WE AIM TO ACHIEVE PRE SPILL CONDITIONS. WE DO THAT A LOT OF THE TIMES WITH ENFORCEMENT. SO WE WILL WRITTEN, WE WILL ISSUE WRITTEN NOTICES OF VIOLATION TO RESPONSIBLE PARTIES WHENEVER A POLLUTANT DISCHARGES TO A STORM DRAIN OR REACHES A WATERWAY. IN CASES WHEN WE'RE UNABLE TO GAIN COMPLIANCE OR THERE'S REPEAT VIOLATIONS, WE CAN INITIATE LEGAL ENFORCEMENT BY FILING CRIMINAL CHARGES IN AUSTIN MUNICIPAL COURT. SO WE'LL WORK WITH OUR CITY PROSECUTORS IN THE LAW DEPARTMENT TO GET COMPLIANCE THROUGH A COURT ORDER. FINES CAN BE UP TO $2,000 PER VIOLATION PER DAY. AND LAST FISCAL YEAR, WE FILED, UM, 16 CHARGES IN MUNICIPAL COURT. ALRIGHT, SO THAT'S SOME OF THE HOW AND WHAT WE'RE DOING. HERE'S KIND OF THE TEMPORAL ELEMENT HERE. SO LIKE I MENTIONED, WE RESPOND TO SPILLS 24 7, UM, 365. THERE ARE NO DAYS OFF, NO TIME OFF HERE. UM, OUR WHOLE TEAM IS COVERING IT, OF COURSE. SO THESE ON-DUTY RESPONDERS, WE EVALUATE EACH INCOMING CALL TO DETERMINE ITS PRIORITY. SO IF THERE'S AN ACTIVE DISCHARGE, UM, SPILLS THAT HAVE ENTERED A WATERWAY, OR THOSE THAT POSE AN IMMEDIATE THREAT TO WATER QUALITY, THESE ARE HIGH PRIORITY EMERGENCIES AND WE AIM TO BE ON SCENE WITHIN 60 MINUTES. SO RAPID RESPONSE TO THESE INCIDENTS IS REALLY IMPORTANT FOR A LOT OF REASONS, UM, INCLUDING SO THAT WE CAN CONTROL THE POLLUTANT RELEASE AND MINIMIZE THOSE IMPACTS TO THE PUBLIC SAFETY PROPERTY AND THE ENVIRONMENT MOST IMPORTANTLY. UM, BUT ALSO WE CAN MINIMIZE THE SCOPE COMPLEXITY AND THE COST OF THE REQUIRED ENVIRONMENTAL REMEDIATION. WE CAN UTILIZE THE ON SCENE RESPONDERS THAT ARE PROVIDING EMERGENCY TRAFFIC CONTROLS SO THAT WE CAN PERFORM OUR DUTIES MUCH MORE SAFELY AND THOROUGHLY. UM, WHEN WE'RE ABLE TO GET ON SCENE REALLY QUICK, WE CAN ID AND MAKE CONTACT WITH THOSE WHO ARE THE RESPONSIBLE PARTIES MUCH MORE EFFECTIVELY. UM, WE'RE ALSO ABLE TO RELIEVE PARTNER AGENCIES WHO MAY BE WAITING FOR US TO AR ARRIVE AND THEN PROVIDE DIRECTION ON CLEANUP. AND THAT CAN ALSO HELP EXPEDITE THE REOPENING OF CLO CLOSED ROADWAYS. WITH OUR RAPID RESPONSE HERE, UM, FOR SOME OF THOSE ROADWAY INCIDENTS, UH, THE FIRE DEPARTMENT WILL PASS COMMAND OF THE INCIDENT ONTO OUR TEAM ONCE THE IMMEDIATE PUBLIC SAFETY HAZARDS HAVE BEEN MITIGATED. SO THIS ALLOWS A FD TO CLEAR THE SCENE AND FREEZE THEM UP FOR RESPONDING TO OTHER EMERGENCIES REPORTING, UM, REPORTS DESCRIBING POLLUTION CONCERNS THAT DO NOT POSE AN ACTIVE THREAT TO WATER QUALITY ARE ASSIGNED A LOWER PRIORITY. AND WE TYPICALLY AIM TO RESPOND TO THESE CALLS WITHIN ONE BUSINESS DAY. SO IT'S STILL PRETTY QUICK TURNAROUND. AND THE RATIO OF OUR PRIORITY AND OUR NON-PRIORITY CALLS IS ABOUT HALF AND HALF. SO EACH OF THE 12 FIELD STAFF ARE ASSIGNED AN EMERGENCY RESPONSE VEHICLE. THESE ARE OUR WORK TRUCKS. UM, THESE VEHICLES ARE FULLY EQUIPPED WITH FEATURES AND SUPPLIES. THEY'RE FOUR-WHEEL DRIVE. THEY'VE GOT EMERGENCY LIGHTING, SAFETY EQUIPMENT, SPILL CONTROL SUPPLIES, A VARIETY OF TOOLS, EQUIPMENT FOR SAMPLING FIELD ANALYSIS, ALONG WITH, UM, RESOURCES FOR RESPONDERS AND PUBLIC EDUCATIONAL MATERIALS TO DISTRIBUTE. OUR RESPONDERS ARE AUTHORIZED TO TAKE THEIR ASSIGNED VEHICLES HOME WHEN ON CALL. AND SO THIS ALL EQUATES TO THAT. THE COMBINATION OF A VERY, OF A FULLY TRAINED SPILL RESPONDER WITH THEIR ASSIGNED VEHICLE MAKES FOR A VERY CAPABLE RESOURCE THAT WE ARE CONSTANTLY READY TO DEPLOY. SO WHERE DO WE REGULATE? UM, AUSTIN CITY CODE GIVES US THE AUTHORITY TO REGULATE ILLICIT DISCHARGES ANYWHERE WITHIN THE CITY'S PLANNING JURISDICTION, WHICH IS THE FULL PURPOSE, CITY LIMITS AND ALSO THE EXTRATERRITORIAL JURISDICTIONS. SO ON THIS MAP, UM, WE HAVE AUTHORITY IN ALL OF THE AREAS EXCEPT FOR UNINCORPORATED COUNTY. SO YOU CAN KIND OF THERE, UM, WE RESPOND TO SPILLS IN THE ETJ, BUT FOR COMPLIANCE WORK, WE'LL WORK, WE, UM, WE'LL PARTNER WITH TRAVIS COUNTY AND OTHER MUNICIPALITIES TO GAIN COMPLIANCE. UM, WHERE DO SPILLS OCCUR? SO WE'VE WORKED WITH, UM, SOME OF OUR GIS EXPERTS IN IT MANAGEMENT TO CREATE THIS PREDICTIVE HEAT MAP OF SPILLS ACROSS THE CITY. SO USING LOCATION DATA OF HISTORIC SPILLS, THE MAP COLORS INDICATE THE STATISTICAL PROBABILITY OF FUTURE SPILL LOCATIONS. UM, THE RESULTS ARE NOT VERY SURPRISING BECAUSE SPILLS ARE RESULT OF HUMAN ACTIONS, HUMAN EQUIPMENT AND HUMAN INFRASTRUCTURE. AND YOU CAN SEE HERE , UM, THAT THIS MAP PREDICTS SPILLS WILL HAPPEN IN THE MOST DENSELY POPULATED AREAS OF OUR JURISDICTION. SO GENERALLY SPEAKING, POLLUTION HAPPENS WHERE PEOPLE ARE, UM, WHEN NOT USING. WELL, WHEN WE USE THE TOOL TO ANALYZE A LITTLE MORE CLOSELY, WE CAN LOOK AND SEE THAT SPILL LOCATIONS CORRELATE NOT ONLY WITH POPULATION DENSITY, BUT ALSO THOSE TRANSPORTATION CORRIDORS, OLDER NEIGHBORHOODS WITH AGING INFRASTRUCTURE AND AREAS, UM, WITH ACTIVE CONSTRUCTION SITES. SO WHAT TYPE OF POLLUTANTS DO WE FIND? UM, AS YOU CAN SEE BY THIS PIE CHART, [00:15:01] SEWAGE AND PETROLEUM DO MAKE UP ABOUT HALF OF OUR IDENTIFIED POLLUTANTS, UM, SEDIMENT RANKS THIRD FOLLOWED BY GENERAL TRASH. AND THEN YOU GET INTO SOME OF THESE LESS COMMON TYPES. AND, UH, THIS PIE CHART IS SHOWING POLLUTANT TYPES BY INCIDENT COUNT, NOT BY VOLUME, JUST FYI. OKAY, SO WE'RE INVESTIGATING AN AVERAGE OF 940 INCIDENTS A YEAR. WE RECOVER AROUND 16 MILLION GALLONS OF LIQUID AND 1300 CUBIC YARDS OF SOLID POLLUTANTS ON AVERAGE ANNUALLY. SO ROUGHLY HALF OF THESE PRIORITY INCIDENTS ARE WHERE WE RESPONDED IMMEDIATELY TO REPORTS OF ACTIVE WATER QUALITY THREATS. THAT'S WHAT THIS, UM, THE BREAKDOWN ON THE BAR CHART THERE IS. SO GETTING INTO THE FINAL ONES HERE, WHY? WELL, THE S SPILL PROBLEM PROGRAM, THE SPILL RESPONSE PROGRAM EXISTS FOR A NUMBER OF REASONS. UH, FIRST AND FOREMOST, IT'S IN OUR MISSION. SO OUR TEAM'S GOAL IS FOR THE, IS FOR AUSTIN WATERWAYS TO PROVIDE MAXIMUM BENEFIT TO ALL PLANTS, WILDLIFE, AND PEOPLE NOW AND INTO THE FUTURE. SO SECONDLY, BECAUSE WE ARE LEGALLY REQUIRED TO, SO THE CITY'S MUNICIPAL STORMWATER PERMIT, WHICH IS ISSUED BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, OBLIGATES US TO PROVIDE RAPID RESPONSE TO ILLICIT DISCHARGES BY HAVING INVESTIGATORS ON CALL 24 HOURS A DAY. ADDITIONALLY, THE CITY'S EMERGENCY OPERATION PLAN MAINTAINED BY AUSTIN EMERGENCY MANAGEMENT DESCRIBES OUR RESPONSIBILITY TO RESPOND TO EMERGENCY HAZMAT SPILLS. AND LASTLY, WE HAVE AGREEMENTS ON THIS ROLE WITH PARTNERS LIKE TRAVIS COUNTY, AUSTIN 3 1 1 AUSTIN WATER, AND THE AUSTIN FIRE DEPARTMENT. SO NOW THAT YOU'VE, UM, KNOW ABOUT OUR SPILL RESPONSE PROGRAM, BE SURE TO REPORT ANY SUSPECTED POLLUTION VIOLATIONS THAT YOU SEE OUT AND ABOUT VIA AUSTIN 3 1 1. UM, YOU KNOW, YOU CAN CALL, TEXT, USE THE APP. IT'S ALL THE SAME DETAILED DESCRIPTIONS AND PHOTOS ARE HELPFUL BUT NOT REQUIRED. WE DO INVESTIGATE EVERY CALL WE RECEIVE. UM, THIS IS A, THERE IS YOUTUBE. I DON'T THINK IT'S GONNA WORK BECAUSE IT'S A PDF RIGHT NOW, BUT THERE'S GREAT LITTLE YOUTUBE SHORTS ABOUT OUR PROGRAM. LITTLE 15, 30 MINUTE SECONDS. SO IF YOU JUST, IF JUST REPORT WATER POLLUTION TO 3 1 1, YOU YOUTUBE THAT THERE'S SOME REALLY GREAT, UM, MEDIA OUT THERE ABOUT US. SO YEAH, THAT'S THE END OF MY PRESENTATION THIS EVENING. UM, THANK YOU GUYS VERY MUCH FOR HAVING ME HERE. APPRECIATE IT. ALRIGHT, THANK YOU SO MUCH FOR THE PRESENTATION. DO WE HAVE ANY, ANY PUBLIC SPEAKERS SIGNED UP FOR THIS ITEM? NICOLE CHAIR. THERE ARE NO SPEAKERS SIGNED UP FOR THIS ITEM. OKAY, GREAT. UM, WITH THAT WE'RE GONNA GO TO COMMISSIONER QUESTIONS AND COMMENTS FOR THOSE OF YOU, YOU HERE, OF COURSE YOU CAN SEE WE HAVE A NUMBER OF, UM, FOLKS WAITING TO SPEAK ON THE NEXT ITEM. SO JUST TO BE MINDFUL OF TIME, I'D LIKE TO ASK THAT FOLKS, UM, STICK TO ONE QUESTION AND ONE FOLLOW UP QUESTION ON THIS ITEM FOR NOW, AND IF THERE'S NEED FOR MORE DISCUSSION AFTER THAT, THEN WE'LL DO THAT. AND I'LL START WITH COMMISSIONER CHANG. SET. HI, UH, THANKS SO MUCH FOR THAT PRESENTATION. IT'S REALLY AWESOME TO SEE THE WORK THAT YOU GUYS DO. UM, I DON'T HAVE ANY QUESTIONS FOR RIGHT NOW. UM, THANKS COMMISSIONER BRIMER. YEAH, THANK YOU VERY MUCH FOR THE PRESENTATION. UH, MY, MY ONLY QUESTION HAS TO DO WITH, UH, THE FIRE DEPARTMENT, I GUESS THEN YOU RELY MOSTLY ON THE FIRE DEPARTMENT TO DO THE, UH, UH, THE CLEANUP WORK FOR ANY SPILLS, IS THAT CORRECT? WELL, WE'RE REALLY GONNA BE HOLDING THE RESPONSIBLE PARTY LIABLE FOR THE SPILL CLEANUP. UM, SO IF THAT'S ENCOURAGING THEM TO GET A CONTRACTOR OUT THERE ON SCENE TO BE THE ONES, IT'S TO BE DOING THAT, UM, YEAH, IT'S GONNA BE THE RESPONSIBLE PARTY IS WHO HAS TO FOOT THE BILL FOR CLEANUP. RIGHT. BUT ON AN IMMEDIATE CASE, LIKE, UH, UH, I, I'M MAKING THIS UP, YOU KNOW, IF YOU HAVE A TRACTOR TRAILER SPILL OF FUEL OR YOU KNOW, GREASE OR I DON'T KNOW, WHATEVER IT IS, THE FIRE DEPARTMENT IS THE, UH, IS THE, THE PEOPLE THAT RESPOND IMMEDIATELY TO DO THE, UH, THE CLEANUP OF, OF WHATEVER'S GOING ON THERE, UH, YOU KNOW, IN THE SHORT TERM. IS THAT CORRECT? IT'S GONNA BE IN CONJUNCTION WITH US. THERE PROBABLY ARE GONNA BE ON SCENE FIRST A FD BUT WE ALSO GET PAGES FOR IF IT'S, THERE'S A FUEL RUPTURE, UM, ESPECIALLY IF IT HITS A STORM DRAIN. WE ALSO GET PAGED OUT AND WE GET ON SCENE, WE TRY TO GET CONTAINMENT. UM, EVENTUALLY WE DO TRY TO GET THE RESPONSIBLE PARTY TO PUT, YOU KNOW, LIKE I SAID, PUT THIS BILL OF IT. BUT THERE IS, IT'S DONE IN CONJUNCTION, I WOULD SAY WITH THE FIRE DEPARTMENT. OKAY. VERY GOOD. THANK YOU VERY MUCH, MA'AM. I APPRECIATE IT. VERY GOOD PRESENTATION. I APPRECIATE YOUR TIME AND DILIGENCE ON THIS. YEAH, OF COURSE. COMMISSIONER LUKI, UH, WHAT'S [00:20:01] YOUR ANNUAL BUDGET? GONNA HAVE TO TURN THAT ONE OVER TO MY MANAGER, . HI, GOOD EVENING. MY NAME'S RYAN, HE BRINK. I'M A WATERSHED PROTECTION MANAGER WITH THE AUSTIN WATERSHED PROTECTION DEPARTMENT. I WORK WITH BIZ AND ANA. UM, OUR, I CAN GIVE YOU AN ESTIMATE OF APPROXIMATELY $1.5 MILLION ANNUAL BUDGET, AND THE MAJORITY OF THAT IS IN, UH, PERSONNEL, WAGES, STAFF. UH, AND I'M ASSUMING JUST BECAUSE YOU JUST SAID YOU'RE GONNA GET THE RESPONSIBLE PARTY TO PAY FOR THE CLEANUP, THEN THAT'S WHY YOUR BUDGET IS NOT LARGER THEN? YEAH, THAT'S CORRECT. THAT'S, UH, OUR PRIMARY GOAL, OUR FUNCTION. UM, WE CONSIDER SPILL CLEANUP IN A TIERED APPROACH. SO IDEALLY WE'LL FIND THE PRIMARY RESPONSIBLE PARTY, SOMEBODY WHO ACTUALLY DID THE POLLUTING ACTIVITY. UH, SECONDARY OPTION IF WE FAIL TO FIND THE RESPONSIBLE PARTY WILL BE THE PROPERTY OWNER. AS B SAID, SOMETIMES IT'S ON PUBLIC PROPERTY AND THAT RESPONSIBILITY CAN FALL TO THE CITY OF AUSTIN. UM, SO IF IT'S ON PUBLIC PROPERTY, WE'LL LOOK AT OUR OWN RESOURCES WITHIN THE CITY, INCLUDING PARTNER DEPARTMENTS TO SEE IF THE CLEANUP IS WITHIN THE MEANS OF THE CITY. UM, THERE WAS A QUESTION ABOUT AUSTIN FIRE DEPARTMENT. THEY'RE EXCELLENT PARTNERS AND CAN HELP WITH SOME OF THE INITIAL CONTAINMENT METHODS, BUT OTHER GROUPS LIKE AUSTIN RESOURCE RECOVERY, UH, ARE OUR TEAMS THAT WE CAN LEAN ON FOR ASSISTANCE WITH CLEANUPS. AND LASTLY, AS A ABSOLUTE LAST RESULT, WE DO HAVE A CONTRACT AND WE CAN BRING IN PROFESSIONALS FOR HAZARDOUS MATERIAL CLEANUPS. THANK YOU. COMMISSIONER SULLIVAN. UM, SO AROUND THE CITY, HOW MANY DIFFERENT LOCATIONS BIZ ARE THERE? ARE THESE RESPONDERS? WELL, WE'RE ALL, WE ALL WORK OUT OF ONE TEXAS CENTER DOWNTOWN. THAT'S OUR, KIND OF OUR OFFICE LOCATION, BUT OUR TRUCKS ARE KIND OF OUR ROLLING OFFICES. UM, WE HAVE SPILL RESPONSE DUTIES. WE'RE ASSIGNED, YOU KNOW, PAGER DAYS, BUT WE ALSO HAVE OTHER DUTIES, INSPECTIONS AND FOLLOW UPS. SO WE ARE ALL OVER AUSTIN, I WOULD SAY WE HAVE A NORTH AND A SOUTH TEAM, SO WE'RE KIND OF HALF AND HALF, BUT, UM, IT'S, IT'S A PRETTY GOOD SCATTER . WELL, I MEAN, SO IS IT, DO YOU HAVE LIKE AN EXPLICIT LOCATION IN NORTH AUSTIN AN AN EXPLICIT LOCATION IN SOUTH AUSTIN BESIDES THE, THE, UM, ONE TEXAS CENTER, OR, NO, NOT EXPLICITLY. YEAH. OKAY, THANKS. MM-HMM . COMMISSIONER FIERRO. YEAH, MY ONLY QUESTION THAT I HAVE IS, UM, WHEN IT COMES TO THE SPILLS, HOW MANY OF THEM ARE LIKE INDUSTRIAL RELATED AND HOW MANY ARE JUST LIKE, OH, THE NEIGHBOR THEN KNOWS HOW TO CHANGE THEIR OIL BUT DOES NOT KNOW HOW TO DISPOSE OF IT? JUST LIKE A ROUGH ESTIMATE OF LIKE THAT I CAN TAKE IT. TAKE IT. YEAH. OKAY. UH, AS BIZ MENTIONED EARLIER, UH, THIS IS ONE OF TWO PRIMARY, PRIMARY PROGRAMS IN OUR TEAM. THE OTHER IS A MORE PROACTIVE PERMITTING AND INSPECTION PROGRAM FOR STORMWATER PERMITS THAT, UH, WILL, UH, BE REQUIRED FOR THOSE INDUSTRIAL SITES THAT ARE CONSIDERED INDUSTRIAL OR HIGH RISK OF HAVING POLLUTING DISCHARGES. SO WE TRY TO TAKE A MORE PROACTIVE APPROACH OF VISITING THOSE SITES TO MAKE SURE THEY'RE IN COMPLIANCE AND HAVE MEASURES, CONTROLS, TRAINING IN PLACE TO PREVENT THOSE SPILLS FROM HAPPENING. THAT SAID, SPILLS STILL DO HAPPEN AT THOSE INDUSTRIAL SITES. UM, I WOULD BE GUESSING TO GIVE YOU KIND OF A BALLPARK NUMBER OFF THE CUFF OF MAYBE 10% ARE COMING FROM THE MORE INDUSTRIAL SITES. UM, A LOT OF THEM ARE COMING FROM CONSTRUCTION SITES, WHICH I WOULD CONSIDER SEPARATE FROM INDUSTRIAL, OTHERS FROM SMALL OPERATIONS LIKE, UM, MECHANICS OR EVEN MOBILE FOOD TRUCKS, THESE TYPES OF THINGS. AND THEN, UM, RESIDENTIAL, UM, SMALL INDIVIDUAL, UM, SOURCES. SOUNDS GOOD. THANK YOU. VICE CHAIR, BRISTOL, FIRST OFF. YEAH. THANK YOU FOR YOUR PRESENTATION. WE ALWAYS LOOK FORWARD TO Y'ALL COMING, UH, EACH YEAR. SO, UM, REALLY APPRECIATE IT. AND, UH, I VERY MUCH APPRECIATE, UH, TAKING THE TIME TO, UH, CREATE THAT HEAT MAP, UH, TO REALLY LOOK AT WHERE ARE THE CALLS COMING FROM, WHERE ARE THE SPILLS, UM, HAPPENING WITHIN THE, WITHIN THE AREA. UM, I FEEL LIKE, UH, I FEEL LIKE, UH, WE'RE, WE'RE GETTING A LOT FOR OUR BUDGET WITH Y'ALL, SO, UM, THAT'S WHAT I WANNA SAY TODAY. UM, MY QUESTION IS, DO YOU SEE AN UPTICK, UH, ON, ON SPILLS? LIKE ARE THERE CERTAIN TIMES OF YEARS, YOU KNOW, THAT THINGS ARE A LITTLE MORE ACTIVE OR IS IT PRETTY MUCH JUST ACROSS THE BOARD THE SAME? WELL, I'LL TAKE A FIRST STAB AT ANSWERING THAT. UM, I WOULD SAY THERE'S A, THERE IS A LOT OF CORRELATION WITH WEATHER AND ACTIVITY, AND SOME OF THAT HAS TO DO WITH OVERWHELMING THE STORMWATER INFRASTRUCTURE WIND UP HAVING SEWAGE OVERFLOWS AND THAT KIND OF THING. BUT ALSO SOMETIMES I'LL SAY WITH GOOD WEATHER, YOU HAVE MORE PEOPLE OUT WALKING THE CREEK AND THEY SEE MORE PROBLEMS. SO STUFF GETS REPORTED. SO IT'S, THERE IS A CORRELATION AND MAYBE YOU CAN SPEAK TO SOME OF THE LONGER TERM PATTERN, BUT, UM, IT'S NOT SUPER PREDICTABLE WHEN WE'RE GOING TO BE, WHEN WE SHOULD EXPECT SPILLS. [00:25:02] YEAH, I THINK THAT COVERED IT PRETTY WELL. UH, SEASONALLY WE DO SEE A LITTLE BIT OF PATTERNS. IT'S HARD TO REALLY NAIL DOWN THOSE PATTERNS. IT IS VERY UNPREDICTABLE. UH, IT'S RARE, BUT SOMETIMES WE'LL HAVE A 24 HOUR PERIOD WITH NO CALLS, AND THEN IN THE NEXT 24 HOUR PERIOD WE'LL BE ABSOLUTELY SLAMMED WITH A DOZEN CALLS AND WE'RE ALL GOING IN DIFFERENT DIRECTIONS, UH, THIS TIME OF YEAR. AN EXAMPLE THAT COMES UP IS, UH, FOLKS ARE GETTING READY THEIR SWIMMING POOLS FOR THE SUMMER SEASON, AND SO WE WILL SEE, UH, IMPROPER DISCHARGES OF SWIMMING POOLS. EITHER IT'S, UH, BECOME STAGNANT WATER AND IT'S FULL OF ALGAE AND LOW DISSOLVED OXYGEN. WE DON'T WANT THAT WATER IN OUR CREEKS, OR THEY'VE SHOCKED THE POOL WITH, UM, CHLORINE, AND WE DEFINITELY DON'T WANT THAT WATER GOING TO OUR CREEKS EITHER. SO THAT'S AN EXAMPLE OF A SEASONAL TREND WHERE WE MIGHT SEE LIKE THIS TIME OF YEAR SOME OF THOSE PROBLEMS. YEAH. THANK YOU ALL SO MUCH FOR BEING HERE. THANK YOU FOR ALL THE WORK YOU DO. I WISH YOU HAD MORE THAN $1.5 MILLION AND AGREE WITH VICE CHAIR BRISTOL. YOU ALL ARE REALLY DOING SO MUCH WITH SO LITTLE, UM, THAT IS VITALLY IMPORTANT TO ALL OF OUR WELLBEING. SO INCREDIBLY GRATEFUL. UM, YOU REFERENCED 13 CASES LAST YEAR THAT RESULTED IN LEGAL ACTION, AND I WAS WONDERING IF YOU COULD HIGHLIGHT ONE OF THOSE. OOH, I'LL LET, YEAH, I'LL LET YOU SPEAK ABOUT THAT. . YES, OUR, UH, INTERNAL ENFORCEMENT PROCEDURES WORK ON A KIND OF A THREE STRIKES YOUR OUT TYPE APPROACH. SO WE SEEK TO, UH, START WITH AN EDUCATIONAL APPROACH AND WORK WITH RESPONSIBLE PARTIES TO HELP THEM UNDERSTAND THE RULES AND REGULATIONS AND THE BEST PRACTICES SO THAT THEY, THEY CAN CLEAN UP THAT FIRST INITIAL SPILL THAT WE'RE ADDRESSING AND THEN PUT IN PREVENTATIVE MEASURES. BUT IF WE SEE, UH, REPEAT VIOLATORS CONTINUED DISCHARGES OF THE SAME NATURE, THEN WE DO GET INTO A, UM, AN ESCALATION THAT DOES, UM, IN THE FORM OF FORMAL ENFORCEMENT THAT WILL END UP IN MUNICIPAL COURT. UM, BECAUSE OF THE SCALE OF OPERATIONS, UH, FROM MULTI-FAMILY RESIDENTIAL PROPERTIES LIKE APARTMENT COMPLEXES, WE DO SEE A LOT OF REPEAT SANITARY SEWER OVERFLOWS, SEWAGE DISCHARGES FROM THOSE TYPES OF PROPERTIES. SO THOSE, THAT'S OUR NUMBER ONE FORMAL ENFORCEMENT TYPE OF CASE IS, UM, UM, OFTEN LOW INCOME, UH, MULTIFAMILY RESIDENCES, APARTMENT COMPLEXES, UH, WITH REPEAT SEWAGE DISCHARGES. I THANK YOU. I HAVE ONE OTHER UNRELATED QUESTION, BUT FIRST JUST WANNA CHECK BACK IN WITH OTHER COMMISSIONER COMMISSIONERS, ANY OTHER COMMENTS OR QUESTIONS? OKAY. SO MY, MY SECOND AND LAST QUESTION IS, UM, IF WE WERE TO MAGICALLY BE ABLE TO DOUBLE YOUR BUDGET , WHAT, WHAT WOULD YOU DO WITH IT? WHAT DO YOU FEEL LIKE ARE THE AREAS THAT HAVE A LOT OF POTENTIAL FOR DOING MORE WITH, WITH THE RIGHT KIND OF BUDGET? OR MAYBE THAT'S, YOU KNOW, UNDER UNDERSERVED RIGHT NOW? YES. OKAY. UM, HELP US ADVOCATE FOR YOU. YES, THANK YOU. SO, UH, AS BI SAID, WE RELY HEAVILY ON OUR, OUR GREATEST ADVOCATES. OUR GREATEST TEAM MEMBERS ARE THE, THE PUBLIC, UM, THE, UM, AUSTINITES TO HELP US WITH THE EYES AND EARS. SO WE, UM, WE FIND IT VERY IMPORTANT TO SPREAD THAT MESSAGE, THAT CALL TO ACTION. IF YOU SEE SOMETHING, SEE A SPILL, KNOW THE DRILL, GIVE US A CALL. UH, WE'RE VERY PROUD OF OUR ONE HOUR RESPONSE TIME, BUT IT IS CHALLENGING. UM, AFTER HOURS ON, UH, EVENINGS, WEEKENDS, HOLIDAYS, WE'RE DOWN TO ONE PERSON, THAT PERSON CAN BECOME OVERWHELMED. UH, WE ALSO HAVE SIGNIFICANT SAFETY CONCERNS WITH LOAN RESPONDERS GOING OUT TO INVESTIGATE ANY, ANY TIME OF DAY, ANY PART OF AUSTIN. SO WE'VE STRUGGLED TO COME UP WITH A STRUCTURE WHERE WE CAN HAVE MORE RESOURCES AFTER HOURS. SO PERHAPS AN ADDITIONAL ON-CALL PERSON WOULD BE, UM, A PATHWAY THERE. IT'S HARD TO DO WITH THE 12 PERSON TEAM WITHOUT DOUBLING THAT BURDEN OF BEING ON CALL IN ADDITION TO YOUR ALREADY 40 HOUR WORK WEEK. UM, SO WE'RE NOT DOUBLING UP STAFF CURRENTLY, BUT WITH ADDITIONAL EMPLOYEES, WE COULD PROBABLY DO A LOT MORE THERE. THANK YOU. THAT SOUNDS LIKE A REASONABLE ASK AND I HOPE WE CAN GET THERE ONE DAY. ANY OTHER QUESTIONS OR COMMENTS? I DO, YES. IS, UM, SEE A SPILL? KNOW THE DRILL, YOUR TAGLINE, , BECAUSE IF IT'S NOT, IT SHOULD BE, IT IS. THAT WAS FROM THE EDUCATION TEAM. THEY WERE THE ONES I BELIEVE THAT, UM, CAME UP WITH THAT. AND I MEAN, THEY DO REALLY GOOD WORK. SEE A SPILL. KNOW THE DRILL ONE, GET THAT A T-SHIRT IMMEDIATELY. . ALL RIGHT, Y'ALL, THANK YOU SO MUCH FOR YOUR TIME. THANK YOU. APPRECIATE IT. THANK YOU. ALRIGHT, WITH THAT WE'RE GOING TO GO [3. Discussion of the environmental and drainage requirements in the Development Agreement for Dog's Head, located between the Colorado River, US Highway 183, and State Highway 130. Presentation by Andy Pastor, Endeavor Real Estate Group, and Richard Suttle, Armbrust and Brown PLLC. Sponsored by Chair Krueger, Vice Chair Bristol, Secretary Qureshi, and Commissioner Brimer. ] TO DISCUSSION ITEMS. ITEM NUMBER THREE, DISCUSSION OF THE ENVIRONMENTAL AND DRAINAGE REQUIREMENTS IN THE DEVELOPMENT AGREEMENT FOR DOG HEAD LOCATED BETWEEN THE COLORADO RIVER US HIGHWAY 180 3 AND STATE HIGHWAY ONE 30 PRESENTATION BY ANDY PASTOR ENDEAVOR REAL ESTATE GROUP AND RICHARD SU ARM BUST AND BROWN, PLLC. UM, AND I JUST WANNA NOTE, WE'RE GONNA HAVE THIS APPLICANT PRESENTATION FIRST [00:30:01] AND THEN WE WILL GO TO PUBLIC COMMENT DUE TO THE VOLUME OF PEOPLE THAT WE'VE HAD SIGN UP. UM, WE'RE GONNA LIMIT FOLKS TO TWO MINUTES EACH. UM, YOU ARE ABLE TO DONATE YOUR TIME TO SOMEONE ELSE, MEANING THAT SOMEONE COULD SPEAK FOR FOUR MINUTES OR SIX MINUTES. UM, AND JUST WANNA REMIND FOLKS, YOU KNOW THAT WE, WE ARE HERE TO ENGAGE IN CIVIL SOCIETY TONIGHT, CIVIL DISCUSSION. YOU'RE WELCOME TO CLAP TO CHEER EVEN BOO OR GROAN, UM, , BUT WE CAN'T ENGAGE DIRECTLY AND HAVE A BACK AND FORTH CONVERSATION. SO AFTER YOU GIVE PUBLIC COMMENT, WE'RE JUST GONNA BE SITTING SILENTLY AND TAKING IT IN. SO, UM, WE EXPECT THIS TO, YOU KNOW, REMAIN A, A POSITIVE AND AND PRODUCTIVE DISCUSSION ITEM. AND THANK YOU WITH THAT, WE'LL GO TO THAT, UH, CHAIR, UH, REALLY QUICK. UH, ONE, ONE BIT OF HOUSEKEEPING TOO. UH, IF YOU NEED TO USE THE GET UP AND USE THE RESTROOM OR, OR LEAVE, PLEASE USE THIS DOOR OVER HERE. THIS DOOR DOES NOT OPEN BACK UP, SO DON'T TRY TO COME BACK THROUGH THAT WAY. IT'S A LITTLE DISTURBING. PEOPLE ARE RATTLING THIS DOOR. UM, AND I ALSO WANNA SAY THAT ONCE, UH, ONCE THE APPLICANT, UM, STANDS UP AND STARTS THIS PRESENTATION, UM, WHICH IS JUST IN A FEW MINUTES, PLEASE MAKE SURE YOU HAVE YOUR PUBLIC COMMENT CARDS IN ONCE THE PRESENTATION STARTS, WE'LL STOP TAKING THOSE. OKAY. THANK YOU. ALL RIGHT WITH THAT? YEAH, WE'RE READY FOR YOU ALL. THANK YOU. YES, SURE. THAT'S FINE. THAT WAY YOU BOTH HAVE MICROPHONES. THAT MAKES SENSE. YOU MAY NEED SOME TECHNICAL HELP HERE. YOURS, YOURS. TEST, TEST, TEST. IS IT WORKING? COOL. THANK YOU. CHAIR. MEMBERS OF THE COMMISSION, MEMBERS OF THE COMMUNITY. MY NAME IS RICHARD SUTTLE. I'M HERE ON BEHALF OF ENDEAVOR REAL ESTATE. A, UH, ENDEAVOR IS THE JOINT VENTURE PARTNER WITH THE FAMILY THAT IT'S OWNED THIS PROPERTY FOR OVER A HUNDRED YEARS AND WILL BE PUTTING IT BACK TOGETHER AFTER YEARS AND YEARS OF, OF, OF MINING ACTIVITY. UM, THANK YOU FOR HAVING US. WE DON'T HAVE A FORMAL PRESENTATION BECAUSE THERE'S, THERE'S NOT A FORMAL PROJECT, THERE'S NOT A SITE PLAN LIKE YOU'RE USED TO SEEING. UM, WE'VE GOT ANDY PASTOR WITH ENDEAVOR, WE'VE GOT JOSH LICK PIG, WE'VE GOT DAVID ROSS WITH ENDEAVOR. WE HAVE, UH, CHRIS RANDAZZO AND JONAH MANKOWSKI WITH GARZA, EMC, THE ENGINEERS, AND KEITH MOODY WITH MOODY ENGINEERING. WE'RE GONNA TRY TO COVER THE WATERFRONT AS AS WE FIELD QUESTIONS AND IF WE, UM, SOME QUESTIONS WE'LL HAVE ANSWERS FOR SOME QUESTIONS THERE WON'T BE ANSWERS FOR, BECAUSE WE'RE NOT THAT FAR ALONG. I'M SURE WE'LL GET STUMPED ON SOME QUESTIONS AND WE'LL HAVE TO GET BACK WITH YOU. WHAT WE'RE TALKING ABOUT IS ABOUT 2,600 ACRES AND WHAT YOU SEE HERE IS AN AERIAL PHOTOGRAPH OF, UH, KIND OF WHAT HAS HAPPENED TO THIS. THE BLUE LINE THAT YOU SEE IS WHAT WE, IS WHAT'S THE SUBJECT OF THE DEVELOPMENT AGREEMENT IN THE SHAPE OF A DOG'S HEAD. THAT'S WHY IT'S NAMED THAT WAY. UM, SINCE AS FAR BACK AS WE CAN GO BACK ON AERIAL PHOTOGRAPHS, THE SITE HAS BEEN EITHER FARMED OR RANCHED. UM, IT WAS, IT'S BEEN FLAT, VIRTUALLY TREELESS EXCEPT FOR ALONG THE RIVER. AND THEN IT STARTED BEING MINED FOR SAND AND GRAVEL AND SANDY LOAM. AND THE WAY THAT HAPPENS IS THE MINING COMPANIES WOULD COME IN AND DIG A HOLE, A BIG HOLE, AND WHEN THEY GET DOWN TO A CERTAIN LEVEL OF WATER, THEY PICK UP AND THEY MOVE AND THEY DIG ANOTHER HOLE AND THEY MOVE OVER AND THEY MOVE OVER. AND THAT'S WHY YOU SEE A LOT OF BODIES OF WATER AT VARIOUS SHAPES AND AND SIZES. UM, OLD AERIALS SHOW US THAT THERE WEREN'T REALLY ANY CREEKS OR DRAINAGE ON THIS. IT WAS VERY FLAT, BASICALLY IN THE, IN THE BEND OF THE RIVER. AND THE MINING COMPANIES THEN WOULD LEAVE, LEAVE THE PITS OPEN AS THEY, AS THEY MOVE ON. SOME OF THIS MINING STARTED BEFORE THERE WAS ANY JURISDICTION TO HAVE PERMITS OUT THERE. SO SOME OF THE MINING WAS WHAT WE CALL HISTORICAL MINING. SOME OF IT HAD COUNTY PERMITS, SOME OF IT HAD CITY PERMITS, AND SOME OF IT HAD BOTH. UM, WE NOW HAVE A COUNTY PERMIT ON THE ENTIRE [00:35:01] SITE TO MINE AND RECLAIM, AND WE'VE GOT CITY AND COUNTY PERMITS ON, ON A LOT OF IT. THE, FROM A JURISDICTION STANDPOINT, THE SITE HAS, OF COURSE, IT'S ALWAYS IN THE COUNTY. IT WAS IN THE ETJ, IT WAS ELIGIBLE TO BE RELEASED FROM THE ETJ, BUT ENDEAVOR AND THE FAMILY OPTED NOT TO TAKE THAT OPPORTUNITY. UM, UNDER THE CURRENT LAW, A CITY CANNOT ANNEX LAND WITHOUT THE LANDOWNER'S CONSENT. THE STATE LAW ALSO CREATES A PROCESS WHERE YOU CAN ENTER INTO AN AGREEMENT THAT YOU CAN VOLUNTARILY ANNEX AND YOU CAN AGREE TO WHATEVER YOU WANT TO AGREE TO AS TERMS OF THE ANNEXATION. AND IF YOU DON'T REACH AN AGREEMENT, THEN THERE'S NO ANNEXATION AND EVERYBODY SHAKES HANDS AND PARTS WAYS. WELL, THAT BRINGS US WHAT, WHERE WE ARE TODAY. UM, ENDEAVOR CAME TO THE CITY AND SAID, WHAT WOULD IT LOOK LIKE IF WE BROUGHT THIS INTO THE CITY? UM, THE MOST GLARING THING THAT THAT OCCURS IS IT BECOMES PART OF CITY JURISDICTION, BUT WHAT THAT COMES CITY TAX BASE, UM, WE'VE ENTERED INTO A DEVELOPMENT AGREEMENT AND WE ARE NOW ANNEXED AND WE ARE PART OF THE CITY. THERE ARE SOME THINGS THAT HAVE TO OCCUR AFTER THAT, BUT FOR THE MOST PART WE'RE MOVING FORWARD AS, AS WE ARE IN THE CITY. AND SUBJECT TO THE DEVELOPMENT AGREEMENT, THE DEVELOPMENT AGREEMENT COVERS MANY SUBJECTS, UH, INCLUDING MODIFICATION OF THE ENVIRONMENTAL RULES, WHICH IS, WHICH BRINGS US TO TONIGHT. UM, THANK YOU FOR HAVING US. IT'S A, THERE'S NOT A PROJECT FOR YOU TO REVIEW, SO IT'S KIND OF A VOLUNTARY PRESENTATION, BUT IT, WE'RE HAPPY TO DO IT AND WE KNOW THERE'S A LOT OF INTEREST HERE BECAUSE OF THE UNIQUENESS OF THE SITE. IT'S BASICALLY A BOMBED OUT MINE PIT. WE'VE MODIFIED A LOT OF RULES THAT WOULD NORMALLY APPLY TO A SITE HERE. FOR INSTANCE, CUT AND FILL HAS BEEN A, A BIG ONE. WE, THE CUT AND FILL IS NOT APPLICABLE TO THIS SITE. AND THE REASON IS, IMAGINE IF WE HAD TO COME ASK YOU FOR A CUT AND FILL VARIANCE EVERY TIME WE WERE GONNA FILL IN A MINING PIT OR EVERY TIME WE WERE GONNA MOVE DIRT FROM ONE SIDE OF THE TRACK TO THE OTHER OR DO GRADING. IT'S, IT'S THOSE KINDS OF THINGS THAT WE, WE MODIFIED CUT AND FILL DRAINAGE AREAS BECAUSE WE'RE GONNA BE CREATING OUR OWN DRAINAGE AREAS. THERE ARE NO NATURAL DRAINAGE AREAS YOU CAN SEE ON, ON THE THING. IT'S BASICALLY RAIN HITS, IT GOES INTO ONE OF THE MINING PITS. IMPERVIOUS COVER IS AN INTERESTING ONE. UM, WE'VE GOT THE, THE AGREEMENT CALLS FOR 100% IMPERVIOUS COVER. NOW THAT WON'T HAPPEN. AND, AND WE HAD A NEIGHBORHOOD MEETING LAST NIGHT AND A GUY MADE A VERY GOOD METAPHOR TO IT. I WON'T GO INTO IT HERE. IT WAS PRETTY GOOD. IT'S, WELL, WHY'D YOU ASK FOR THAT IF YOU DON'T NEED IT? WE'RE NOT GONNA BE AT A HUNDRED PERCENT IMPERVIOUS COVER BECAUSE RIGHT OFF THE BAT THERE'S ROUGHLY ALMOST 10% OF THE SITE THAT'LL BE OPEN SPACE WITH A MUCH LESS IMPERVIOUS COVER ON THAT. PROBABLY YOU JUST TAKE OUT THE OPEN SPACE, WE'RE DOWN TO 92, 90 3% AND THEN JUST NATURAL DEVELOPMENT. WHEN YOU HAVE LANDSCAPED AREAS AND MEDIAN AND YARDS AND STUFF LIKE THAT, IT WILL BE LESS, BUT WE DON'T HAVE TO TRACK IT BECAUSE THAT, THAT WAS ONE OF THE THINGS THAT'S VERY DIFFICULT TO TRACK ON A 2,600 ACRE SITE. IT'S IMPORTANT TO NOTE THAT 2,600 ACRES IS ROUGHLY, IF YOU WENT AND LOOKED AT DOWNTOWN AND AERIAL DOWNTOWN AND YOUR EYE WENT FROM LADY BIRD LAKE TO NORTH OF CAMPUS, AND THEN YOU WENT OVER TO FROM MOPAC TO I 35, EVERYTHING IN THERE IS ROUGHLY 2,600 ACRES. SO WE'RE ESSENTIALLY BUILDING A CITY ON THIS SITE. WE'RE PUTTING IT BACK TOGETHER WITH CLEAN FILL. UH, WE'VE HAD A COUPLE QUESTIONS ABOUT WHAT, WHAT ARE YOU PUTTING BACK IN THESE, IN THESE PITS? WE HAVE A VERY ROBUST TESTING, UM, PROGRAM WHERE SOMEBODY BRINGS IN WHAT WE CALL A HOT LOAD. IT'S, WE TEST IT, IT'S NOT GETTING DUMPED HERE. UM, WE'VE, WE'VE GOT AN ARRANGEMENT WITH A LOT OF PEOPLE IN TOWN, INCLUDING THE HIGHWAY DEPARTMENT AND THE CITY OF AUSTIN WHERE THEY HAVE A, A NEED FOR UNLOADING CLEAN FILL. AND WE WELCOME IT HERE BECAUSE WE'RE, WE'RE PUTTING THIS BACK AND BASICALLY TAKING IT BACK TO THE STOCK. NOW I'M GONNA STOP THERE. UM, I DON'T KNOW, CHRIS, DID WE END UP WITH ANY MORE AERIALS? IS THIS THE MAIN ONE WE, WE'VE PULLED? IF YOU WANNA FLIP THROUGH THE AERIALS REAL QUICK THAT ARE IN THERE VIRTUALLY ALL OF ALL OF THIS IS SUBJECT TO THE DEVELOPMENT AGREEMENT EXCEPT THE LITTLE NOTCH [00:40:01] AT THE BOTTOM OF THE DOG'S JAW. THAT'S THE FAMILY'S HOME PLACE THAT THEY'VE KEPT OUT AS THEIR HOMESTEAD AND THERE'S STILL ACTIVE MINING GOING ON THERE, AND THERE IS A RECTANGULAR SPACE IN THE MIDDLE THAT IS STILL NOT OWNED BY US. SOMEDAY IT, MAYBE IT WILL, MAYBE IT WON'T, BUT YOU COULD SEE THROUGH THE YEARS THERE'S JUST BEEN A LOT OF DIGGING GOING ON OUT HERE. UM, WITH THAT, ANDY, DO YOU HAVE ANYTHING YOU WANNA SAY? WELL, WE, WE LOOK FORWARD TO PUTTING THIS BACK TO, TO ITS NEXT LIFE, WHICH BASICALLY IS RESTORING IT TO A RECLAIMED SITE THAT CAN, THAT CAN BE DEVELOPED AND DO WHAT WE HOPE TO BE A COMMUNITY ASSET. WE'VE, WE'VE GOT A 6.5 ACRE TRAIL, 6.5 MILE TRAIL THAT WE'RE GONNA PUT AROUND THE PERIMETER OF THE RIVER. UH, WE'VE GOT 266 ACRES OF OPEN SPACE. UH, WE'VE, WE'VE GOT 200 FEET OF CRITICAL WATER QUALITY ZONE FROM THE HIGH WATER MARK OF THE SHORELINE. AND WE ARE BEING VERY CAREFUL WITH HOW WE DEVELOP THIS SITE. WE WANNA MAKE SURE THAT, UH, WE'RE DOING THE RIGHT THING AS WE HA AS WE, AS WE DO WITH EVERY DEVELOPMENT THAT WE APPROACH. AND WE'RE HOPING THAT PEOPLE WILL LOOK AT THIS AS REALLY A RESTORATION PROJECT. IT'S, IT'S A UNIQUE, IT'S A UNIQUE PROJECT. USUALLY THERE'S, THERE'S CONCERNS ABOUT HOW IS THE, WHAT'S THE ENVIRONMENTAL TREATMENT OF THE SITE GOING TO BE. THIS IS A RESTORATION PROJECT WITH, UM, WITH GREAT FOCUS TOWARDS, UH, TOWARDS COLORADO RIVER AND GIVING ACCESS TO THE PUBLIC AND DIFFERENT, DIFFERENT PLACES ALONG THE RIVER AS WELL AS IT'S ALL THE OPEN SPACE IS ALL PUBLIC. THERE'LL BE NATURE TRAILS AROUND THE RIVER AND WE, UM, WE, WE LOOK FORWARD TO BRINGING SOMETHING SPECIAL TO THE COMMUNITY. WE MAY GET ASKED, WELL, WHAT ARE YOU GOING TO DO HERE? WELL, IT'S A BIG ENOUGH SITE. WE CAN ALMOST DO ANYTHING. THERE'S A LOT OF THINGS THAT CAN HAPPEN. THERE CAN BE SINGLE FAMILY NEIGHBORHOODS, THERE CAN BE COMMERCIAL, THERE CAN BE INDUSTRIAL. THE SITE IS BIG ENOUGH WHERE LITERALLY IT'S GONNA BE A LONG-TERM PROJECT WITH A LOT OF DIFFERENT THINGS. SO WITH THAT, I'LL CLOSE AND I DON'T KNOW IF YOU WANNA DO QUESTIONS FIRST OR TAKE COMMUNITY COMMENT AND THEN QUESTIONS. WE'LL DO IT HOWEVER YOU WANT US TO DO IT. YEAH, THANK YOU SO MUCH FOR YOUR COMMENTS. UM, WE'LL GO TO PUBLIC COMMENT NEXT. I DO WANNA NOTE THAT WE DID, UM, INVITE THE CITY MANAGER'S OFFICE TO BE HERE VIA CITY LEGAL, CITY MANAGER'S OFFICE IS THE ONE THAT AGREED AND EXECUTED THIS PLAN AND I WAS HOPING THAT WE WOULD HAVE THEIR PERSPECTIVE. UM, BUT FROM MY ANS FROM MY UNDERSTANDING, WE DID NOT, UM, GET A RESPONSE TO THAT. THAT BEING SAID, WE DO, WE DO HAVE A NUMBER OF WATERSHED DEPARTMENT STAFF HERE, UM, WHO ARE GONNA DO THEIR BEST TO ANSWER QUESTIONS, BUT I DO JUST WANNA MAKE IT CLEAR FOR THE FOLKS WHO ARE HERE, THAT THE CITY STAFF WHO ARE HERE ARE NOT THE ONES RESPONSIBLE FOR THIS DECISION. UM, AND, AND THE AGREEMENT, THE AGREEMENT AS IT IS NOW, BUT ARE JUST GOING TO HELP US TRY AND UNDERSTAND MORE, UM, ABOUT THE CITY'S ROLE HERE. SO WITH THAT, LET'S GO AHEAD AND GO TO PUBLIC COMMENT. THE FIRST SPEAKER FOR THIS ITEM IS BENJAMIN GIBBS. ME? MM-HMM . UM, BENJAMIN, YOU'LL HAVE TWO MINUTES. HELLO Y'ALL. I DIDN'T THINK I'D BE SPEAKING FIRST, BUT, ALL RIGHT. UH, THANK YOU LADIES AND GENTLEMEN OF THE ENVIRONMENTAL REVIEW BOARD AND FOR MEMBERS OF THE PUBLIC, UH, DEVELOPERS, EVERYONE FOR TAKING THE TIME TO COME OUT HEAR US. I UNDERSTAND WE HAVE, UH, MR. RICHARD SETTLE WITH US. THE, UH, BUSINESS JOURNAL SAYS YOU ARE THE LIGHTNING ROD OF AUSTIN LAW AND I'M VERY GLAD THAT WE HAVE THE LIGHTNING ROD WITH US IN THIS WEEK OF FLASH FLOODS. NOW, UH, LIGHTNING ROD FLASH FLOODS. I UNDERSTAND WE'RE HERE TO DISCUSS PAVING THE DOG'S HEAD ANNEX, REARRANGING THE WATERWAYS AND PAVING OVER THE WATER TABLE. I MENTIONED FLASH FLOODS ALREADY. I DON'T THINK THIS IRONY IS LOST ON ANY OF US HERE. I SAID PAVE, I BELIEVE THE TECHNICAL TERM IS ALLOWING PERCENTAGE OF LAND WITH 100% NONPERMEABLE COVER, AND THIS MEETING IS A VITAL STEP IN THE PATH TO LETTING THAT HAPPEN. NOW, SUBTLE AND ENDEAVOR HAVE TOLD US THAT THEY WON'T PAVE EVERY SQUARE FOOT THEY'RE ALLOWED TO. THAT OVERDEVELOPING IS NOT EVEN IN THEIR INTEREST. BUT I, FOR ONE, DO NOT TRUST THE FOX TO GUARD THE HIN HOUSE. NO MATTER HOW MUCH HE TELLS ME, IT IS IN HIS INTEREST [00:45:01] TO NOT EAT THE CHICKENS. THAT IS WHAT A FOX DOES. A DEVELOPER DEVELOPS AND LAWYERS TALK ABOUT THE EXTENT OF THE LAW. THEY SAY THEY WILL LOOK AFTER THE LAND AND THEY SAY THEY HAVE NO PLAN TO SHARE US WITH. NOW, I AM NOT AN IDEALIST WITH MY HEAD IN THE CLOUDS. I UNDERSTAND THIS IS OPEN LAND BETWEEN DOWNTOWN AND AIRPORT, AND THERE IS TOO MUCH MONEY IN THAT TO LEAVE IT ALONE. I WISH WE WOULD, BUT I KNOW BETTER AND I'LL NOW GET TO MY POINT. AS OPPOSED TO I AM OPPOSED TO RECKLESSNESS, I'M OPPOSED TO RUSHED DEALS THAT LET DEVELOPERS REGULATE THEMSELVES WITH PINKY PROMISES, WITH SAYING WHATEVER THEY NEED IN ORDER FOR CITIZENS AND ENVIRONMENTAL REVIEW BOARDS TO LIFE FLAT. AND I WANT US TO, FOR A MOMENT, CONSIDER WHAT IF THIS IS A VERY, VERY BAD IDEA? WHAT THEN HOW MUCH WILL IT COST TO TRY AND UNDO THE THINGS THAT CAN'T BE UNDONE IF OUR COSTS, INSTEAD, IF PATIENTS WATER QUALITY REGULATION, HEARING FROM THE COLORADO RIVER AUTHORITY ALLOWING PERMEABLE LAND TO BE LEFT UNCOVERED AND AMENDING THE CLAIM THAT THE WATER TABLE UNDER DOG'S HEAD IS PROTECTED BY MORE THAN A FEW THIN FEET OF FERTILE SOIL, I'M READY TO PAY THAT PRICE NOW. I AM NOT READY TO PAY FOR 45 YEARS OF TRYING TO FIX WITH THESE FOLKS BREAK. THANK YOU VERY MUCH FOR YOUR TIME. THE NEXT SPEAKER IS SARAH WILLIAMS. SARAH, YOU'LL HAVE TWO MINUTES. AND UM, NICOLE, I JUST WANNA REMIND YOU TOO, THAT AS SOON AS THAT ALARM GOES OFF, IF WE COULD JUST LET THE SPEAKER KNOW AND PLEASE BE RESPECTFUL OF THE TWO MINUTES. THANK YOU. HI Y'ALL. MY NAME IS SARAH WILLIAMS. THEY THEM, I AM A NURSE HERE IN AUSTIN, TEXAS. I'VE LIVED IN THIS CITY SINCE 2012. I WANNA ASK EVERYBODY WHAT WE WANT TO LEAVE FOR OUR DESCENDANTS. DO WE WANNA SHOW UP AS GOOD ANCESTORS? BECAUSE I DO. AND WHEN I LOOK AT THIS PROJECT, THIS PRIOR APPROVAL, WE HAD A MAJORITY OF THE COMMENTS THAT CAME IN PUBLICLY TO THE CITY. WERE AGAINST THIS PROJECT. THE ENTIRE DOGHEAD PROPERTY IS ON A FLOODPLAIN. THIS PROJECT ALLOWS FOR THAT 100% IMPERVIOUS COVER. AND WE HAVE SEEN DEVASTATING FLOODS, INCLUDING THE 2025 KERR COUNTY THAT LOST AT LEAST 117 TEXAN LIVES JUST MONDAY. WE SAW HEAVY RAINFALL AND WE NEED OUR NATURAL SPACES IN THE NATIVE BLACKLAND PRAIRIE PLANTS THAT THIS IS SET TO DEVELOP ON TO SUPPORT FLOOD MITIGATION. CONCRETE DOES NOT DO THIS. THE BLACKLAND PRAIRIE IS ONE OF THE MOST CRITICALLY ENDANGERED ECOSYSTEMS IN NORTH AMERICA. IT SPANS 12.6 MILLION ACRES AND TODAY LESS THAN 0.1% OR 5,000 OF THOSE ACRES REMAIN. THIS PROJECT SEEKS TO TAKE EVEN MORE OF THIS ECOSYSTEM AWAY DESPITE THE CLAIMS THAT IT IS JUST PITS THAT HAVE BEEN MINED. I'VE SEEN IT, THAT GREEN RIPARIAN AREA IS BEAUTIFUL AND WE DESERVE TO HAVE THAT LAND. THIS LAND IS ALSO HOME TO THE TEXAS FAT MUCKE MUSSEL, WHICH IS ONE OF THE SPECIES CONSIDERED THE LIVER OF THE RIVER AND IS CRITICALLY ENDANGERED AS WELL AS A NURSE. THE LIVER REMOVES ALL TOXINS AND IS VITAL FOR THE HEALTH OF OUR SYSTEM AS THESE MUSCLES ARE, THEY CAN ACTUALLY PUMP EIGHT TO 15 GALLONS OF WATER A DAY FOR ONE MUSCLE. THEY'RE CLEANING OUR WATER EVERY SINGLE DAY. AND THIS WHOLE DEVELOPMENT IS OVER THE RIZZOS WILCOX AQUIFER, WHICH PROVIDES DRINKING WATER TO BOTH BASTROP AND LOCKHART. WE NEED MORE INFORMATION ABOUT THE IMPACT OF THIS, BUT IT'S COMMON SENSE THAT DISPLACING NATURAL SPECIES WHO CLEAN OUR WATER AND ARE ALREADY ENDANGERED IS A PROJECT THAT WILL NEGATIVELY IMPACT LOCAL TEXANS. THERE'S NO AMOUNT OF PROFIT THAT IS WORTH OUR DRINKING WATER IN A DROUGHT HEAVY STATE. I WANNA REMIND FOLKS THAT OUR PLANET IS SEEING AN EXTINCTION RATE THAT EXCEEDS OH 1000 TO 10,000 TIMES MORE SPECIES THAN THE NATURAL EXTINCTION RATE. AND WE DO NOT WANT, WE ARE AT TIME NOW. THANK YOU FOR YOUR COMMENTS. THANK YOU. I AM GONNA START CALLING SPEAKERS UP THREE AT A TIME. UM, IF YOU'RE WAITING TO SPEAK, UM, JUST HAVE A SEAT AT THOSE TABLES OVER THERE. UM, SO THE NEXT THREE SPEAKERS ARE VALERIE MINARD, LEE EDWARDS AND GARRETT TONGUE. AND Y'ALL EACH HAVE TWO MINUTES. GOOD EVENING COMMISSIONERS. UH, MY NAME IS VALERIE MENARD. I LIVE IN DISTRICT ONE. I SIT ON THE COMMUNITY DEVELOPMENT COMMISSION REPRESENTING THE ST. JOHN'S DISTRICT. I'M A MEMBER OF THE GOLD VALLEY JOHNSON TERRACE NEIGHBORHOOD CONTACT TEAM, AND I'M THE PROJECT DIRECTOR ES COLORADO RIVER CONSERVANCY. UM, I'M HERE TODAY TO SPEAK ON ITEMS THREE AND FOUR. REGARDING ITEM THREE. THANK YOU FOR BRINGING THE DOG'S HEAD DEVELOPER FORWARD TO GIVE US A FEW MORE DETAILS, UM, ABOUT THE SCOPE OF THIS DEVELOPMENT. UH, A STORM DRAINAGE PLAN WILL BE [00:50:01] CRITICAL FOR ANY DEVELOPMENT LOCATED IN A FLOODPLAIN, BUT ONE THAT PLANS TO COVER 2,600 ACRES OF LAND PRONE TO EROSION WITH CEMENT, WITH ONLY 260 ACRES LEFT OPEN FOR A GOLF COURSE KNOWN FOR WATER GOBBLING AND TOXIC CHEMICAL RUNOFF SETS THE STAGE FOR AN ENVIRONMENTAL DISASTER. 100% IN PREVIOUS COVER WILL INCREASE THE FLOW OF WATER, EVEN WITH A FEW OPEN SPACES LEFT FOR, UM, BACKYARDS, UH, OPEN WATER INTO THE RIVER, INCREASING EROSION AND ONTO COMMUNITIES DOWNSTREAM INCREASING THE CHANCES OF FLOODING. IT BEGS THESE QUESTIONS. WHERE'S THE ENVIRONMENTAL IMPACT STUDY? WHY HASN'T THE WATERSHED PROTECTION DEPARTMENT BEEN GIVEN, BEEN ASKED TO GIVE AN ASSESSMENT OF HOW THIS DEVELOPMENT WILL IMPACT THE RIVER AND SURROUNDING COMMUNITIES. WHERE'S THE TRAFFIC STUDY? AND WITH THE CITY SEATING OVERSIGHT AND ENFORCEMENT ON THIS DEVELOPMENT FOR 45 YEARS, WHERE IS THE CONFIDENCE THAT THIS DEVELOPMENT WILL NOT INCREASE GENTRIFICATION AND DISPLACEMENT? I CAN ANSWER THAT LAST QUESTION. IT'S GONE. UH, WHILE, WHILE THIS BODY WAS PRESENTED FROM ACTING AND PROVIDING, UM, RECOMMENDATIONS ON ITEM THREE TODAY, I ASK THE COMMISSION TO PLEASE ACT ON RECOMMENDATIONS AT YOUR NEXT MEETING. TO BE SUBMITTED TO THE CITY BEFORE THE T-R-Z-T-I ZTS IS VOTED ON. HISTORY MUST REFLECT HOW THIS COUNCIL IGNORED WARNINGS AND PLACED A PRIORITY ON THE PROFITS OF A MULTI-BILLION DOLLAR COMPANY OVER THE WELFARE AND FUTURE PROSPERITY OF THIS COMMUNITY. UM, REGARDING OUR NEW FOUR, WELL, I'LL JUST SAY QUICKLY. I THINK IT OKAY, I'LL COME BACK FOR THAT. THANK YOU. HELLO, I'M LEE EDWARDS. I LIVE AT THE ENTRANCE TO THE DOG'S HEAD IMMEDIATELY ON THE RIVERBANK. SEEN THE RIVER COME UP 25 FEET IN A VERY SHORT PERIOD OF TIME IN MY BACKYARD. I LOVE THIS AREA. I LOVE AUSTIN. I'VE ALSO KNOWN SINCE WE BOUGHT OUR PROPERTY IN 2007, THAT DEVELOPMENT WAS COMING TO THIS AREA. I DID NOT KNOW IT WOULD COME WITH TWO DAYS NOTICE ON MAY 19TH. WE FOUND OUT THAT THE COUNCILS OF VOTING ON MAY 21ST ON THESE ISSUES THAT DID NOT LEAVE TIME FOR COMMUNITY ENGAGEMENT. THE CURRENT TIMETABLE DOESN'T LEAVE MUCH TIME FOR COMMUNITY ENGAGEMENT. I'M GLAD WE HAVE THIS MOMENT. I BELIEVE THE TS IS ON THE DOCKET FOR, UH, WITHIN JUST A FEW WEEKS. TO ME, THIS FEELS VERY RAPID. IT'S PROBABLY OBVIOUS TO ALL OF US AT THE AGREEMENT GRANTS THAT DEVELOPERS UNUSUAL FLEXIBILITY REGARDING FLOODPLAIN MODIFICATIONS, STORMWATER INFRASTRUCTURE, MINING, POND REUSE, CUT AND FILL ACTIVITIES, IMPERVIOUS COVER AND ENVIRONMENTAL REVIEW. IT AMAZES ME THAT A PROJECT THAT IS ENCASED ON THREE SIDES BY THE LOWER COLORADO RIVER WOULD'VE GOTTEN THIS FAR WITHOUT A FULL ENVIRONMENTAL IMPACT STUDY. MY QUESTION IS, WHAT MECHANISMS WILL EXIST FOR ENVIRONMENTAL REVIEW AND PUBLIC INPUT AS THE DRAINAGE PLANS AND ROADWAY PLANS EMERGE? AND MY REQUEST FOR THE COMMISSION TODAY IS THAT THE COMMISSION LOBBY FOR THE TYPICAL NORMAL OBVIOUS THING, A FULL ENVIRONMENTAL IMPACT STUDY IN THIS VULNERABLE AREA, AND FOR A MUCH LESS HASTY VERSION OF COMMITTEE ENGAGEMENT, SPECIFICALLY BY LOBBYING FOR SCHEDULING THE TERMS FOR JANUARY. THANK YOU VERY MUCH. COMMISSIONERS. READY? ALL RIGHT. HEY, UH, MY NAME IS GARRETT TUNG. I LIVE IN DISTRICT THREE. UM, THIS IS KIND OF INSANE. THEY REALLY WANT US TO BELIEVE THERE'S NO PLAN. IS THAT WHAT THEY THINK OF US ENDEAVOR REAL ESTATE OR RICHARD SU OR ANDY PASTOR OR ANY OF THEM CAN GO SIT RIGHT THERE AND THEY'LL TELL YOU WHAT YOU THINK YOU, WHAT THEY THINK YOU WANT TO HEAR ABOUT THE ENVIRONMENT. THE BOTTOM LINE IS THAT WHAT IS WRITTEN INTO THIS AGREEMENT IS BINDING. AND WHAT IS WRITTEN INTO THIS AGREEMENT GIVES ENDEAVOR THE POWER TO DEVELOP WITHOUT ANY KIND OF REASONABLE OR COMMON SENSE ENVIRONMENTAL REGULATION. ENDEAVOR WILL SIT DOWN WITH YOU AND TELL YOU LINE BY LINE WHY THEY NEED TO HAVE SUCH EXTREME LANGUAGE IN THE AGREEMENT. UNLIMITED CUT AND FILL. THEY WILL TELL YOU WHY IT'S BEST FOR THE PROJECT, BUT WHEN PRESS, THEY CAN'T TELL YOU SPECIFICS ON HOW IT'S BEST FOR THE ENVIRONMENT AND HOW THEY'RE GONNA PROTECT THE EXISTING ECOLOGY. THEY'LL BRAG ABOUT RESPECTING THE CRITICAL WATER QUALITY ZONE OF 200 FEET. THEY DON'T MENTION IT WAS 400 FEET BEFORE THE CITY ANNEXED THE DOG'S HEAD. AND DE WILL HAPPILY TELL YOU AS THEY DID TONIGHT, THAT THEY WOULD NEVER DO A HUNDRED PERCENT IMPERVIOUS COVER. THAT'S SILLY. NO ONE WANTS ONLY A PARKING LOT. THEN THEY'LL LOOK YOU IN THE EYE WITH A STRAIGHT FACE AND TELL YOU IT'S ONLY GOING TO BE 89% IN A FLOODPLAIN. HOW EXACTLY IS ANY OF THIS BETTER FOR THE ENVIRONMENT? THIS PROJECT HAS BEEN IN THE WORKS FOR YEARS. IT WAS DROPPED ON OUR HEADS A MONTH AGO. WE NEED MORE TIME TO CONDUCT [00:55:01] A COMPLETE AND THOROUGH ENVIRONMENTAL IMPACT STUDY FOR THE DOG'S HEAD DEVELOPMENT. WHAT ARE A FEW MONTHS FOR A PROPER ENVIRONMENTAL REVIEW WHEN THE CONSEQUENCES ARE IRREVERSIBLE? ECOLOGICAL DAMAGE ENDEAVOR IS A MULTI-BILLION DOLLAR CORPORATION AND ENDEAVOR CAN AFFORD TO WAIT. THIS DEVELOPMENT WILL SET THE NEW PRECEDENT FOR ENVIRONMENTAL REGULATIONS MOVING FORWARD. THE STAKES ARE SIMPLY TOO HIGH TO PROCEED WITHOUT MORE INFORMATION. I'M ASKING FOR A FULL AND COMPREHENSIVE ENVIRONMENTAL REVIEW FOR THIS PROJECT BEFORE ANY FURTHER ACTION IS TAKEN. THANK YOU. THANK YOU ALL FOR YOUR COMMENTS. THE NEXT THREE SPEAKERS ARE CLAUDIA LES VOYLES. THANK YOU, KIM VASQUEZ AND MARA POWERS. AND YOU'LL EACH HAVE TWO MINUTES. ALRIGHT, MY TWO MINUTES DOESN'T START TILL I'M QUEUED UP. OKAY. HI, I AM CLAUDIA VOYLES. I LIVE ON THE RIVER ON OTTS LANE. I'M ALSO ASKING FOR A COMPREHENSIVE ENVIRONMENTAL IMPACT STUDY. AND I WOULD LIKE SOME SYSTEM SET UP TO MONITOR WHAT HAPPENS. SUBSEQUENTLY. WHAT I'M GONNA DO IS NOT SAY, NOT IN MY BACKYARD, BUT I'M GONNA SHOW YOU PICTURES OF MY BACKYARD. THIS IS THE RIVER FROM MY HOUSE. THE TREE'S ACTUALLY BIGGER NOW THAN THEN. THIS IS A JUVENILE GREAT HORNED OWL WHO WAS CAUGHT IN A TROT LINE. THAT'S WHEN HE WAS BEING, UH, REMOVED HIS FISH HOOK. THIS IS WHAT THE RIVER LOOKS LIKE AT NIGHT. AGAIN, THIS IS A NATURAL SPRING ALONG THE COURSE OF THE RIVER. THE RIVER ITSELF IS NOT BOMBED OUT. IT IS THRIVING AND HAS MANY SPECIES ALONG THE SHORES THAT NEED OUR HELP AND PROTECTION. THERE ARE NATURAL SPRINGS ALL ALONG THAT SOUTH BANK. I'M STUCK. KEEP TALKING, KEEP TALKING. THERE ARE HERITAGE TREES. THERE ARE, UH, SPECIES. OH, THERE'S A ZOOM OUT PICTURE. AH, THIS IS A BEAVER. I HAVEN'T SEEN HIM RECENTLY, BUT THIS IS A BEAVER. I'M CONCERNED ABOUT WHAT HAPPENS TO THE BEAVER. THIS IS A SPECIES OF BIRD. I DON'T KNOW WHAT IT IS. THIS IS A BOBCAT. THIS IS THE BEAVER. AGAIN, HERE'S WHAT THE TREES LOOK LIKE. IT IS VERY TRUTHFUL ALONG THE EDGES OF THAT. AND BECAUSE OF THAT, WE HAVE A LOT OF SPECIES OF BIRDS AS WELL AS TURTLES, SNAKES, UM, OTHER THINGS THAT LIVE IN THE RIVER. THIS IS THE RELEASE OF THE OWL. I'M GONNA LET YOU GUYS SEE THAT LATER BECAUSE IT TAKES TOO LONG FOR WHAT I'M TRYING TO DO. THIS IS AN EGRET. AND NEXT TO THE EGRET ARE THE MIGRATORY BIRDS THAT COME IN OCCASIONALLY IN THE WINTER. THESE ARE PELICANS. WE ARE AT TIME NOW. THANK YOU. YOU CAN KEEP SHOWING BOMBED OUT YOUR WORK. HI, GOOD EVENING EVERYONE, COMMISSIONERS AND, UH, THANK YOU FOR, UM, HAVING ME HERE. I AM HERE TO SPEAK ON ITEM THREE OF THE AGENDA. UM, I ALSO LIVE ON HER GOTHS. I LIVE ADJACENT TO THE DEVELOPMENT AND ALONG THE RIVER. AND I WOULD LIKE TO BRING UP MY ENVIRONMENTAL CONCERNS RELATING TO THE BINDING AND RECORDED DEVELOPMENT AGREEMENT OF THE 2,600 ACRE AREA THAT'S SITUATED ALONG THE COLORADO RIVER. IT'S GONNA BE TRANSFORMED INTO MIXED USE PROPERTY FROM WHAT IT IS CURRENTLY IN INDUSTRIAL USE. UM, MY ITEMS ARE WITH RELATING TO PUBLIC LAND MANAGEMENT AND CONSERVATION EFFORTS THAT WILL BE ABSENT WHERE THESE AREAS ARE TO BE PRIVATELY MANAGED BY THE DOG'S HEADS PROPERTY OWNERS ASSOCIATION. UM, ALSO THAT THIS RIVER DOES HAVE POCKETS OF WETLANDS LIKE, LIKE CLAUDIA JUST MENTIONED, UM, WHERE IT'S GOT EXCEPTIONAL WATER QUALITY, WHERE IT HOSTS WILDLIFE HABITATS SUCH AS THE ENDANGERED TEXAS FAT MUCK SPECIES THAT DOES PURIFY THE WATERS, THE WATER QUALITY THERE. AND SO THIS WILL ALL BE SENSITIVE, UH, WATER QUALITY ISSUES IF THE RIVER IS NOT ADEQUATELY MONITORED AND MANAGED. GIVEN THE 200 FOOT, UH, WATER QUALITY ZONE BUFFER. THAT'S ALL THAT THERE IS. UM, THERE'S COULD LEAD TO LACKING OF EXISTING PRESERVING EXISTING WILDLIFE, MIGRATORY BIRDS, BROWN PELICANS COMING [01:00:01] DOWN DURING THE, UH, WINTERS. UM, ALSO THERE'S THE IMPERVIOUS COVERAGE THAT'S BEEN TALKED ABOUT. UM, POTENTIAL EROSION, ADDITIONAL FLOODPLAIN AREAS AFFECTING DOWNSTREAM LANDOWNERS. OUR NEIGHBORS DOWN IN BASTROP, NO TREE SURVEYS ARE, ARE PART OF THIS AGREEMENT. SO WHERE'S, WHERE'S OUR PROTECTION FOR HERITAGE AND, AND, UH, TREES AND, AND PROTECTED TREES. THESE COULD BE ELIMINATED. TREE CANOPIES COULD BE ELIMINATED. EROSION CONTROL MEASURES ARE LOST, WILDLIFE ARE LOST. LARGE BIRDS, HAWKS, OSPREYS, OWLS CAR, KARA EAGLES THAT ARE OUT THERE THAT WE SEE ALONG HER GOS AND RAMIREZ ARE GONE. PROPOSED ROADWAY PLANS FOUR-WAY LANES, HIGH SIX-WAY LANES WOULD INCREASE, INCREASE AIR POLLUTION, NOISE POLLUTION, FURTHER HARMING THE ENVIRONMENT THAT WE ALREADY FACED FROM THE 180 3 TEXTILE HIGHWAY, THE OVERHEAD PLANES, AND THE NEARBY AIRPORT AS SUCH. WE'RE AT TIME NOW, KIM. THANK YOU. THANK YOU FOR YOUR COMMENTS. UH, MY NAME IS MAURA POWERS. I LIVE IN DISTRICT 10. I'M HERE SPEAKING ON BEHALF OF TRAVIS AUDUBON'S MEMBERSHIP. WE ARE A BIRDING AND BIRD CONSERVATION NONPROFIT. AND OUR PRO, OUR MEMBERS MAKE UP SOME OF THE 97 MILLION AMERICANS WHO CLAIM TO PARTICIPATE IN BIRDING ACCORDING TO US FISH AND WILDLIFE SERVICE. I AGREE WITH ALL THE, UH, FOREGOING COMMENTS. AND SO I'M GOING TO, UH, CUT THIS DOWN TO, UH, BIRDING INTEREST, ASSUMING THAT AT SOME POINT ENDEAVOR IS GOING TO PUT BUILDINGS ON THIS PROPERTY. UM, AS MANY OF YOU HERE PROBABLY ALREADY KNOW, AUSTIN IS UNDER THE CENTRAL FLYWAY FROM MIGRATING SPECIES. UH, THESE ARE HEROIC AND DANGEROUS JOURNEYS WITH SMALL CHANCES FOR SUCCESS. SUCCESS REQUIRES A FUNCTIONING ECOSYSTEM, DARK NIGHT SKIES, FOOD, WATER, AND RESTING STOPS ALONG THE WAY. AUSTIN IS ONE OF THE STOPS ALONG THE WAY, BUT LACK OF BASIC AMENITIES HAS LEFT THREE QUARTERS OF NORTH AMERICAN SPECIES IN DECLINE. IN OTHER WORDS, ON THE FLYWAY TO EXTINCTION, I SUBMIT THAT AUSTIN IS SITUATIONALLY SIMILAR TO NEW YORK CITY. YEARS AGO WHEN A REAL ESTATE DEVELOPER FAMILY OF BIRDERS CAME TO UNDERSTAND THAT THEIR ADVOCATION WAS BEING UNDERMINED BY THE DECLINE IN BIRDS MIGRATING ALONG THE EASTERN FLYWAY, THEY PREVAILED UPON THE CITY TO PASS WHAT IS CALLED A BIRD FRIENDLY ORDINANCE. SO ALL LOCAL BUILDERS COMPETE ON A LEVEL PLAYING FIELD. I WOULD DESCRIBE THESE ORDINANCES AS MINOR TWEAKS, BUT SUBSTANTIVE HACKS TO OUR STANDARD BUILDING PRACTICES. THE RETROFIT OF THE JACOB JAVITS CONVENTION CENTER IS A STUNNING EXAMPLE OF WHAT CAN BE ACHIEVED. A GREEN ROOF PROVIDES HABITAT FOR BIRDS AND AIRBORNE OTHERS. OVERALL BUILDING ENERGY CONSUMPTION WAS REDUCED BY 25% AND THERE HAS BEEN AN ASTOUNDING 90% REDUCTION IN BIRD COLLISIONS TODAY. NORTH AMERICAN CITIES ARE GLOBAL LEADERS IN BIRD PROTECTION, BUT AUSTIN IS NOT ONE OF THEM. THE ORDINANCES HAVE LED TO A BURST OF INNOVATION IN THE CONSTRUCTION INDUSTRY WITH AFFORDABLE MATERIALS NOW MARKETED WORLDWIDE. IF ENDEAVOR WOULD LIKE TO IMPROVE ITS CREDIBILITY WITH THE PUBLIC. WE ARE AT TIME NOW MORE IT SHOULD CHAMPION A BIRD FRIENDLY ORDINANCE FOR OUR CITY. THANK YOU ALL FOR YOUR COMMENTS. THE NEXT THREE SPEAKERS ARE ELIZABETH LEVINS, JULIA MAFI, AND APRIL LU LUTON. UM, ELIZABETH IS RECEIVING A DONATION OF TIME FROM SEVERN CUSHING AND JAY RO RO UM, ELIZABETH, YOU'LL HAVE SIX MINUTES. OH, OKAY. MAYBE LET'S GO TO THE NEXT SPEAKER WHILE THEY WORK THAT OUT. HI, MY NAME'S JULIA MCFE. THANK YOU FOR HAVING ME. I'M THE PRESIDENT OF THE SOUTHEAST COLORADO RIVER NEIGHBORHOOD ASSOCIATION, AND, UH, WE LIVE RIGHT BY, WE'RE THE, BASICALLY THE, UH, FLEA COLLAR ON THE DOG'S HEAD . UM, WE'RE, UH, WE'RE JUST EAST OF 180 3, JUST SOUTH OF THE RIVER, UH, JUST WEST OF THOMPSON LANE AND WELL, THOMPSON LANE KIND OF RUNS AROUND THERE. BUT ANYWAY, UM, I'VE LIVED ON OTTS LANE FOR ABOUT 20 YEARS. I'VE LIVED IN AUSTIN FOR ABOUT 45 YEARS, AND I'VE SEEN A LOT OF CHANGES, BOTH GOOD AND A LOT OF BAD CHANGES. [01:05:01] UM, AUSTIN IS WELL KNOWN AS A CITY THAT RESPECTS AND VALUES NATURE, AND, UH, THAT'S OUR CHARACTER. WE'RE NOT HOUSTON, WE'RE NOT DALLAS. AND IF WE MAKE MISTAKES NOW, THEY'RE GONNA BE IMPOSSIBLE TO OVERCOME. UM, OUR NEIGHBORHOOD WILL BE DIRECTLY IMPACTED BY THIS DEVELOPMENT. THE NEIGHBORS, AS LEE MENTIONED, WERE NOT NOTIFIED FORMALLY ABOUT THE ANNEXATION AND DEVELOPMENT BEFORE IT WAS APPROVED, AND WE ONLY MET WITH THE DEVELOPERS AND RICHARD LAST NIGHT. WE'RE DEEPLY CONCERNED ABOUT THE LACK OF ENVIRONMENTAL OVERSIGHT OF THE DEVELOPMENT OF THE DOG'S HEAD, WHICH, AS YOU KNOW, BORDERS THE COLORADO RIVER. WE HAVE SEEN THAT THE CITY IS GOING TO PRETTY MUCH GIVE THE DEVELOPERS CARTE BLANCHE TO DO AS THEY WISH IN THE AREA. AN IMMENSE AMOUNT OF IMPERVIOUS COVER WILL BE ALLOWED. UM, THIS SECTION OF THE COLORADO HAS THE HIGHEST WATER QUALITY OF THE COLORADO RIVER. WE'RE CONCERNED ABOUT HOW THE DEVELOPMENT WILL NEGATIVELY IMPACT WATER QUALITY AND THE CREATURES THAT LIVE ON OR NEAR THE WATER, INCLUDING THE ENDANGERED TEXAS FAT MUCKE MUSSEL, WHICH IN GREAT NAME, UH, NOT TO MENTION ALL THE FISH AND BIRDS IN THE AREA. AS WAS MENTIONED EARLIER, WE ARE IN THE FLIGHT PATH OF, UH, MANY MIGRATORY BIRDS. I'VE SEEN THE, UM, INDIGO BUNTING, THE PAINTED BUNTING. THERE'S SO MANY. THE KARA CARA, WHICH LIVES THERE IS. IS THAT IT? NO. IS, THAT'S IT. OKAY. ALRIGHT. THANK YOU. READY? OKAY. AND, OKAY. GOOD EVENING, COMMISSIONERS. MY NAME IS LISA LEVINS AND I LIVE ON THE DOG, ON HER GO'S LANE IN THE DOG'S HEAD AREA. THANK YOU FOR THE OPPORTUNITY TO SPEAK. I'M HERE BECAUSE THIS PROJECT APPEARS TO BE MOVING FORWARD. BEFORE WE HAVE HAD, WE HAVE THE INFORMATION NEEDED TO UNDERSTAND ITS ENVIRONMENTAL CONSEQUENCES, AND I BELIEVE THAT SEQUENCE MATTERS. THERE COULD BE A WIDE RANGE OF ENVIRONMENTAL IMPACTS ASSOCIATED WITH THIS PROJECT, BUT THE CORE PROBLEM IS THAT WE DO NOT ACTUALLY KNOW BECAUSE THE PROPER TESTING, ANALYSIS, AND PUBLIC REVIEW HAVE NOT BEEN COMPLETED. THIS AREA SITS NEAR THE COLORADO RIVER AND INCLUDES SENSITIVE ENVIRONMENTAL FEATURES. THERE MAY BE IMPACTS TO WETLANDS, FLOODPLAIN, FLOODPLAIN FUNCTION, DRAINAGE PATTERNS, EROSION WATER QUALITY, WILDLIFE HABITAT, AND TREE CANOPIES. THERE MAY ALSO BE IMPACTS TO REMNANTS OF BLACK PRAIRIE, ONE OF THE MOST THREATENED ECOSYSTEMS IN TEXAS. INCREASED CONSTRUCTION TRAFFIC, IMPERVIOUS COVER, AND INDUSTRIAL ACTIVITY COULD AFFECT AIR QUALITY FOR THE PEOPLE WHO LIVE HERE NOW AND FOR FUTURE GENERATIONS. THE ISSUE IS NOT THAT THE RESIDENTS ARE CLAIMING TO ALREADY KNOW EVERY IMPACT. THE ISSUE IS THAT THE MAJOR IS THAT MAJOR DECISIONS ARE BEING MADE BEFORE ANYONE HAS ADEQUATELY STUDIED WHAT THOSE IMPACTS WILL BE. ENVIRONMENTAL REVIEW EXISTS FOR A REASON. IT ALLOWS DECISION MAKERS AND THE PUBLIC TO UNDERSTAND RISKS BEFORE COMMITMENTS ARE MADE. IT HELPS IDENTIFY ALTERNATIVES, MITIGATE MEASURES, AND, AND UNINTENDED CONSEQUENCES. IT CREATES TRANSPARENCY AND ACCOUNTABILITY. MOST IMPORTANTLY, IT HELPS PREVENT IRREVERSIBLE DAMAGE. RIGHT NOW, CITY COUNCIL VOTE ON THE DOG'S HEAD TURS OR THE CITY COUNCIL'S VOTE ON THE DOG'S DOG HEAD. TURS IS SCHEDULED FOR JULY 23RD. I UNDERSTAND THERE MAY BE AN ARGUMENT MADE THAT THE TURS ITSELF IS NOT AN ENVIRONMENTAL QUESTION, BUT THET IS THE FUNDING MECHANISM THAT WOULD HELP MOVE THIS PROJECT FORWARD. IF THAT VOTE HAPPENS BEFORE ENVIRONMENTAL IMPACTS ARE STUDIED, THEN ENVIRONMENTAL REVIEW IS EFFECTIVELY BEING PUSHED BEHIND THE FINANCIAL COMMITMENT THAT IS BACKWARDS. WE DO NOT HAVE A CLEAR INDEPENDENT FLOOD PLAIN ANALYSIS. WE DO NOT HAVE FULL ENVIRONMENTAL IMPACT REVIEW. WE DO NOT HAVE ENOUGH INFORMATION ABOUT HOW RUNOFF WILL BE MANAGED, HOW WETLANDS WILL BE PROTECTED, WHETHER PRAIRIE HABITATS WILL BE DISTURBED, OR WHAT CONSTRUCTION AND INCREASED TRAFFIC WILL MEAN FOR AIR QUALITY IN THIS NEIGHBORHOOD. WE ALSO DO NOT HAVE ANSWERS ABOUT CUMULATIVE IMPACTS. HOW WILL MULTIPLE PHASES OF DEVELOPMENT INTERACT WITH ONE ANOTHER? WHAT HAPPENS DURING MAJOR STORM EVENTS? HOW WILL INCREASED IMPERVIOUS COVER AFFECT DOWNSTREAM PROPERTIES? WHAT PROTECTIONS WILL BE IN PLACE FOR SENSITIVE HABITAT AND WATER QUALITY? THESE ARE REASONABLE QUESTIONS, AND THEY DESERVE ANSWERS BEFORE FUNDING DECISIONS ARE MADE. WITHOUT THAT INFORMATION, RESIDENTS CANNOT MEANINGFULLY EVALUATE THIS PROJECT. THIS COMMISSION CANNOT MEANINGFULLY EVALUATE THIS PROJECT, AND THE CITY CANNOT [01:10:01] RESPONSIBLY CLAIM THAT THE ENVIRONMENTAL IMPACTS ARE ACCEPTABLE. THIS IS NOT ABOUT OPPOSING TRAILS, TRANSIT, HOUSING, OR PUBLIC IMPROVEMENTS. IT IS ABOUT MAKING SURE PLANNING HAPPENS IN THE RIGHT ORDER. STUDY FIRST, ENVIRONMENTAL REVIEWS, FIRST PUBLIC PROCESS FIRST, THEN FUNDING DECISIONS ARE MADE, MEANING MEANINGFUL. COMMUNITY ENGAGEMENT IS ALSO ESSENTIAL. RESIDENTS WHO LIVE NEAR THIS AREA HAVE VALUABLE KNOWLEDGE ABOUT FLOODING, DRAINAGE, WILDLIFE, AND EXISTING CONDITIONS. THEY DESERVE THE OPPORTUNITY TO REVIEW INFORMATION, ASK QUESTIONS, AND PARTICIPATE, PARTICIPATE IN DECISIONS THAT WILL AFFECT THEIR HOMES AND NEIGHBORHOODS FOR DECADES. I'M ASKING THIS COMMISSION TO PLACE A RECOMMENDATION ON ITS NEXT AGENDA, ASKING CITY COUNCIL TO, TO DELAY THE JULY 23RD S VOTE UNTIL COMPREHENSIVE ENVIRONMENTAL IMPACT STUDIES HAVE BEEN COMPLETED BY THE CITY AND MEANINGFUL, MEANINGFUL COMMUNITY ENGAGEMENT HAS TAKEN PLACE. RESIDENTS ARE BEING ASKED TO TRUST THAT THE ENVIRONMENTAL IMPACTS WILL BE HANDLED LATER, BUT LATER IS NOT GOOD ENOUGH WHEN WE ARE TALL, TALKING ABOUT FLOOD RISK, WETLANDS, RIVER HEALTH, AIR QUALITY, AND PERMANENT CHANGES TO LAND NEAR THE COLORADO RIVER. ONCE THESE AREAS ARE DISTURBED, THEY MAY NOT COME BACK. ONCE FLOODPLAIN, ONCE FLOOD PATTERNS ARE ALTERED, RESIDENTS ARE THE ONES LIVING WITH THE CONSEQUENCES. GOOD PLANNING REQUIRES GOOD INFORMATION. RESPONSIBLE STEWARDSHIP REQUIRES UNDERSTANDING WHAT IS AT STAKE. BEFORE IRREVERSIBLE DECISIONS ARE MADE. WE CANNOT PROTECT WHAT WE HAVE NOT STUDIED. PLEASE RECOMMEND DELAYING THE TURS VOTE UNTIL THE CITY HAS COMPLETED COMPREHENSIVE ENVIRONMENTAL REVIEW AND MEANINGFUL, MEANINGFUL COMMUNITY ENGAGEMENT. SO WHAT I HAVE IS JUST A HANDFUL OF PICTURES FROM NOT, NOT JUST MY BACKYARD, BUT FARTHER DOWN THE RIVER. THIS IS ALL THE BLIGHTED, THE LAND THAT RICHARD SUTTER SUBTLE CALLS, BLIGHTED LAND. THIS VIRTUALLY TREELESS AREA. THE NOW WE'RE LOOKING MORE. SO I THINK WE'RE GOING DOWN RIVER AND WE'RE, WE'RE GONNA GET CLOSE TO AN AREA THAT WHERE THE LAND HAS ALREADY BEEN DEVELOPED. UM, OH, NO, YOU KNOW WHAT THIS IS? SO THIS IS SHOWING, SHOWING THE, UM, SHORELINE, LIKE LOOK HOW, LOOK HOW LITTLE HEIGHT THERE IS BETWEEN THE RIVER AND THE LAND, AND THAT'S THE AREA THAT THEY WANT TO COVER AND WE CAN PARK. SO ALL OF THOSE ALLOCATION, THOSE LIKE ELEPHANT EARS, PLANTS, THAT'S WHERE NATURAL SPRING IS. THERE ARE PLENTY OF SPRINGS ON THE DOG'S HEAD. THAT'S A VIRTUALLY TREELESS AREA. VIRTUALLY TREELESS AREA. THAT WAS THE TIME. THANK YOU FOR YOUR COMMENTS. THANKS. IS APRIL LUTON PRESENT? I DON'T THINK SO. OKAY. MOVING ON TO THE NEXT THREE SPEAKERS. UH, REED NELLY, MCCAULEY DUCK, AND SUSANNA ALMANZA. AND SUSANNA IS RECEIVING A DONATION OF TIME FROM PEDRO AND HERNANDEZ AND SUSANNA WILL HAVE FOUR MINUTES. THANK YOU. OTHER SPEAKERS WILL HAVE TWO MINUTES. UH, I WAS, UH, HI, I'M MCCAULEY. UM, I WILL BE HONEST WITH ALL OF YOU. I'M, UH, MUCH LESS WELL READ. UM, REALLY JUST A STUPID GUY WHO LIKES THE TREES AND THE RIVER AND STUFF. SO, UM, I JUST WANTED TO COME UP AND, UH, GIVE A FEW THOUGHTS. UM, IT OCCURS TO ME THAT GRANTING SINGULAR CONTROL TO A DEVELOPER, UM, IS DEEPLY IRRESPONSIBLE. UM, NO LIMITS ON IMPERVIOUS COVER IS A NIGHTMARE AND A FLOOD PLAN. WE'VE, UH, THAT'S BEEN LITIGATED. UM, THE DEAL REEKS OF, OF DESPERATION ON THE PART OF THE CITY TO DEVELOP TAX DOLLARS. UM, AND THAT COMES AT THE COST OF 45 YEARS OF TOTAL DEVELOPMENTAL CONTROL. THAT FACT IS INSANE. UM, CURRENT LEADERSHIP FOR ENDEAVOR STATES THAT THERE ARE NO PLANS FOR, UH, DATA CENTERS OR, OR OTHER [01:15:01] HARMFUL, UH, HARMFUL IN PLACEMENTS. AND YOU BETTER HOPE THAT EITHER HE NOR IS REPLACEMENT, NOR IS REPLACEMENTS REPLACEMENT 45 YEARS, UH, DECIDES TO CHANGE THEIR MIND. UH, THE DEVELOPMENTAL GROUP, UM, ENDEAVOR, UM, THEY PREVIOUSLY DEVELOPED A DOMAIN. UH, THEY WERE SUED IN THE EARLY TWO THOUSANDS AND SETTLED OUT OF COURT DUE TO ALLEGEDLY MISLEADING TAX BREAKS THAT THEY RECEIVED FROM THE CITY. UM, DOGS HEAD DEVELOPMENT WILL SIMILARLY RECEIVE TAX BREAKS FROM THE CITY. INANCE FOR DEVELOPMENT OF THE AREA SOURCES AT THE CITY HAVE STATED THAT THE DEVELOPMENT WOULD BOLSTER AUSTIN'S DEPLETED TAX COFFERS. BUT PART OF THE AGREEMENT STATES THAT A-T-I-R-Z MUST BE CREATED, WHICH WOULD DIVERT SAID TAXES BACK TO THE DEVELOPMENT. HOW LONG BEFORE THE PEOPLE OR EVEN THE CITY SAW ANY TANGIBLE BENEFIT IN TERMS OF TAXES, UM, THE AUSTIN AMERICAN STATESMAN LATER VERIFIED THAT ENDEAVOR HAD RECEIVED SUBSIDIES TO THE TUNE OF $57 MILLION RATHER THAN THE ORIGINAL CLAIMED 25 MILLION. IN THE CASE OF THE DOMAIN, I AM NOT IDEOLOGICALLY OPPOSED TO THE DEVELOPMENT IN THE DOG STATE AREA. UM, ASSUMING THAT IT WOULD BE RESPONSIBLY, SUSTAINABLY AND WITH ENVIRONMENTAL, UH, AND STEWARDSHIP, UH, BE KEPT IN MIND. I'M OPPOSED TO GIVING UNLIMITED DEVELOPMENT POWER AS WELL AS SUBSIDIES TO DEVELOPER THAT IS SHOWN IS WILLING TO BE DISHONEST IN THE INTEREST OF MONEY. THAT WAS THE TIME. THANK YOU. GOOD EVENING. I'M SUSAN ALMANZA WITH PO AND, UM, RIGHT HERE, OUR NEIGHBORHOOD SURROUNDING THE PROJECT HAVE LONG SUFFERED FROM ENVIRONMENTAL INJUSTICES AND DISINVESTMENT. THE AGREEMENT EXACERBATES THESE INEQUITIES. THE PROPOSED DEVELOPMENT DOES LITTLE TO ADDRESS THE NEEDS OF THE THIS COMMUNITY AND INSTEAD, RISK FURTHER ENVIRONMENTAL HARM. THAT'S DISPROPORTIONATELY WHAT HAPPENED TO THE SLIDE. LET'S PAUSE FOR TIME UNTIL WE GET THE SLIDES. NOT THAT ONE. FIRST ONE. GO BACK. GO BACK. THERE YOU GO. OKAY. UH, THIS PROPOSED DEVELOPMENT DOES LITTLE TO ADDRESS THE NEEDS OF THIS COMMUNITY AND INSTEAD RISKS FURTHER ENVIRONMENTAL HARM THAT DISPROPORTIONATELY IMPACTS THEM. AFFORDABLE HOUSING IS NOT GUARANTEED, AND EVEN THEN THE CITY OF AUSTIN WOULD BE FORCED TO SUBSIDIZE TO REACH DEEPER LEVELS OF AFFORDABILITY OR TO REACH THE 20% STATED TARGET GOAL. AS YOU CAN SEE, UH, THERE'S A LOT OF NEIGHBORHOODS IN THE AREA, UH, WHERE YOU SEE THE WHITE TAGS. THESE ARE THE AREAS THAT WE'VE ACTUALLY GONE OUT AND TALKED TO NEIGHBORS OR SURVEYED NEIGHBORS. UM, OUT OF THE 13 AGGREGATE OPERATIONS, FOUR ARE OWNED BY TXI OPERATIONS, LP, AND THE CONTROLLING COMPANY IS NAMED MARTIN. MARTA, THE COMPANY OWNED THE MOST OPERATIONS IN EAST AUSTIN AND SOLD A PORTION TO TESLA. PREVIOUSLY, THEY ACCUMULATED 5,615 ACRES OF LAND THAT WERE AGGREGATE MINING OPERATIONS FOR GRAVEL AND SAND. TWO OTHER COMPANIES OWN TWO OPERATIONS EACH, THE COMPANIES BEING MARCELO, LP AND TEXAS MATERIAL GROUP. THE OTHER AREAS, SOME OPERATIONS HAVE BEEN ABANDONED, UH, ARE DESOLATE AND SOME HAVE LEFT WITH EQUIPMENT. THE TOPOGRAPHICAL TIME DOES SHOW THE INFLUENCE THAT MINE HAS HAD ON THE TOPOGRAPHY OF THE COLORADO RIVER, AS YOU COULD SEE THERE, 2003, 2012, AND THEN 2023. UH, WHAT HAS HAPPENED TO THE AREA? SUSTAINABILITY WILL, WILL BE KEY IN CREATING EQUITABLE SOCIETIES IN THE FUTURE AND REVERSING THE DAMAGING DONE AS COMMUNITIES IN EAST AUSTIN HAVE BEEN PREDOMINANTLY TAKEN ADVANTAGE OF. IT'S IMPORTANT THAT THE CITY CREATES NEW POLICIES IN WHICH THEY HAVE EQUITABLE PRESENTA REPRESENTATION AND HAVE A SAY ON DEVELOPMENT THAT COULD DISPLACE THEM AND OR POLLUTE THE ENVIRONMENT PO THAT OPPOSES THE CITY. ESTABLISHING A TURF, A TAX INCREMENT REINVESTMENT ZONE WHILE IT GROWS THE OVERALL PROPERTY VALUE, THE INCREMENTAL TAX REVENUE IS LOCKED INSIDE THE TURF. BUT RATHER THAN GOING TO THE CITYWIDE GENERAL SERVICES LIKE SOCIAL SERVICES DURING THE ZONE'S, MULTI-DECADE, DECADE, LIFESPAN [01:20:01] SPURRING, RAPID DEVELOPMENT CAN BE HEAVILY DRIVE UP SURROUNDING PROPERTY VALUES, OCCASIONALLY PRICING OUT LONG-TERM RESIDENTS AND SMALL BUSINESS. AND YOU CAN SEE WHO ARE THE MAJORITY IN THE DOG'S HEAD AND SURROUNDING AREA ARE PEOPLE OF COLOR. WE CANNOT FORGET, UH, WHO IS REALLY LIVING AROUND THERE ALSO AND HOW THE DISPROPORTIONATE IMPACT HAS BEEN, UH, ON COMMUNITIES OF COLOR. AND SO FOR THAT DEFINITELY OPPOSES THIS PROJECT. IT HAS NOT GONE THROUGH COMMUNITY ENGAGEMENT AT ALL. AND WE THINK THAT 45 YEARS, THAT'S, THAT'S NOT APPROPRIATE TO HAVE AN AGREEMENT WITHOUT COMMUNITY INPUT, WITHOUT THE ENVIRONMENTAL COMMISSION, WITHOUT THE COMMUNITY DEVELOPMENT COMMISSION, WITHOUT THE PART COMMISSION, IT SHOULD HAVE BEEN GOING THROUGH ALL THE BOARDS, THE HUMAN RIGHTS COMMISSION, EVERYONE SHOULD HAVE HAD THE OPPORTUNITY TO LOOK AT THIS AGREEMENT AND IT'S BEING FAST TRACKED. THANK YOU. THANK YOU FOR YOUR COMMENTS. UH, THE NEXT SPEAKER SIGNED UP REMOTELY. DAN BROAD. DAN, ARE YOU AVAILABLE? ARE YOU ONLINE? HE SHAKING. OKAY. THE NEXT THREE SPEAKERS ARE STEPHANIE HOFFMAN, MSEL RAMOS, AND ROBIN RATHER. HELLO? HI, I AM STEPHANIE HOFFMAN. THANK YOU FOR LETTING US TALK HERE TODAY. SO I HAVE LIVED IN EAST AUSTIN FOR 16 YEARS AND I LIVE RIGHT ABOVE THE DOG'S EAR. THE EAR RIGHT ABOVE THAT. UM, I AM AGAINST THREE AND FOUR. AND I ONLY FOUND OUT ABOUT THIS BECAUSE I WAS LISTENING TO THE RADIO. I HEARD IT ON THE RADIO. I WAS NOT NOTIFIED OR SAW ANNOUNCEMENT ABOUT THIS. AND I'M ENGAGED IN MY COMMUNITY. I'M A PROPERTY OWNER AND I SHOULD KNOW ABOUT DIFFERENT THINGS LIKE THIS THAT'S HAPPENING. I AGREE WITH SUSANNA. THIS SHOULDN'T HAVE BEEN FAST TRACKED. I'M REALLY P****D THAT THE CITY MANAGER'S NOT HERE. SO I'LL REMEMBER THESE THINGS. I WILL REMEMBER THESE THINGS. OKAY, I'M GONNA CALM DOWN. BUT I DO DEMAND A BETTER PROCESS, A FULL ENVIRONMENTAL IMPACT REPORT. THIS HAS NO DEVELOPMENT LIMITS, FLOODPLAIN AND WATER QUALITY RISKS, NO CUT AND FILL LIMITS. CODE VARI VARIANCES WITHOUT OVERSIGHT. WHAT RISKY WATER QUALITY PONDS DEVELOPER CONTROL. FOR 45 YEARS, THE DEVELOPER HAS VETO POWER OVER MY CITY COUNCIL. THIS DECISION'S AFFECTING THE PROPERTY FOR 45 YEARS, THE AGREEMENT CAN ONLY BE AMENDED WITH THE DEVELOPER'S CONSENT I'D HAVE MY HANDS BE OVER MY HEAD TO RIGHT NOW. THE AGREEMENT CAN ONLY BE AMENDED WITH THE DEVELOPER'S CONSENT, BUT THEY CAN TERMINATE IT UNILATERALLY IF TAX BREAKS AREN'T GRANTED. BROAD ZONING USES ENVIRONMENTAL INJUSTICE TAX BREAKS FOR THE DEVELOPERS. YAWN. I'M GLAD TO SEE THAT WE HAVE A RAPID RESPONSE EMERGENCY TEAM WATERSHED PROTECTION DEPARTMENT SPILL. I'VE GOT 3 1 1 ON SPEED DIAL. WE ARE AT TIME NOW FOR THAT. THANK YOU FOR YOUR COMMENTS. THANK YOU. SEE A SPILL. KNOW THE DRILL. MY NAME IS ROBIN, RATHER. I LIVE IN D NINE. I'M A LONGTIME ENVIRONMENTALIST AND A THREE-TIME FORMER, THREE-TIME CHAIR OF SAVE OUR SPRINGS ALLIANCE. I WAS CHAIR OF SOS WHEN ENDEAVOR, UH, WAS BORN BACK IN 1999. THIS DOGHEAD DEAL IS DYSTOPIAN AND IT'S RACIST. AS MY FRIEND SUSANNA OZA POINTED OUT. RICHARD SUTTLE, I'VE KNOWN YOU A LONG TIME, ANDY, I'VE KNOWN YOU A LONG TIME. THIS IS NOT RIGHT. YOU HAVE BETRAYED EVERYTHING THAT'S IMPORTANT ABOUT AUSTIN. YOU'VE BETRAYED THE NEIGHBORS. HOW COULD YOU POSSIBLY NOT HAVE TOLD THE NEIGHBORS? YOU KNOW SO MUCH BETTER THAN THAT. YOU DID THIS ON PURPOSE. YOU LEFT THE NEIGHBORS OUT, YOU LEFT THE COMMUNITY OUT, AND YOU ARE, YOU ARE SELLING OUT [01:25:01] ONE OF THE MOST SACRED, BEAUTIFUL, AND IMPORTANT PARTS OF OUR ENTIRE REGION. HOW DARE YOU SIT THERE CALMLY AND LISTEN TO US, CALL YOU TO ACCOUNT. IT'S ONE THING TO DEVELOP. I APPRECIATE Y'ALL ARE CONSIDERED SOME OF THE MOST BADASS DEVELOPERS IN THE COUNTRY. IT'S ONE THING TO DEVELOP AND IT'S ANOTHER THING TO BETRAY PEOPLE WHO, WHO NEED SO MUCH MORE THAN THIS. I REALLY THINK YOU SHOULD STAND HERE TONIGHT AND SAY, WE MESSED UP. MAYBE YOU THINK IT'S CLEVER TO BLINDSIDE PEOPLE. MAYBE YOU THINK IT'S CLEVER TO SELL OUT THE ENVIRONMENT TO THIS EXTENT, A HUNDRED PERCENT IMPERVIOUS COVER. DO YOU THINK THAT'S CLEVER? DO YOU NOT THINK THAT'S GONNA FLOOD AND KILL PEOPLE? WERE YOU NOT WATCHING LAST JULY? YOU SHOULD DECIDE. YOU SHOULD DECIDE TONIGHT THAT YOU HAVE BADLY MISCALCULATED AND YOU SHOULD WALK THIS BACK AND DO WHAT YOU HAVE DONE BEFORE. WORK WITH THE NEIGHBORS, WORK WITH THE COMMUNITY, WORK WITH ENVIRONMENTALISTS. THAT'S YOUR JOB. AND I'M ASKING YOU TO DO YOUR JOB. ENVIRONMENTAL COMMISSIONERS. THANK GOD FOR YOU. THANK GOD FOR YOU HAVING TONIGHT. WHAT WE NEED YOU TO DO IS SLOW THIS FREIGHT TRAIN DOWN. THERE'S NO RUSH. ANYTHING. THIS REST IS WRONG. PLEASE DO THE FULL ENVIRONMENTAL ANALYSIS AND PLEASE PUSH THIS OFF UNTIL JANUARY OR SOMETIME NEXT YEAR. THIS IS, HEY, HOW'S IT GOING Y'ALL? MY NAME IS MESSIAH RAMOS, DISTRICT ONE RESIDENT. AND, UH, FIRST AND FOREMOST, THIS IS THE WORST DEAL I HAVE EVER SEEN. STRAIGHT UP. HOW, HOW, HOW CAN WE, HOW CAN WE ACTUALLY LET Y'ALL DEVELOP IN A HUNDRED YEAR FLOODPLAIN WITH A HUNDRED PERCENT IMPERVIOUS COVER? THIS IS CRAZY. THIS IS INSANE. THE FACT THAT WE'RE NOT ALSO DOING COMMUNITY OUTREACH AND GETTING FOLKS ENGAGED JUST SPEAKS TO THE SYSTEMIC RACISM OF THIS CITY. WHAT ARE WE DOING? WE'RE TALKING ABOUT GIVING OUR, WE'RE TALKING ABOUT GIVING DEVELOPERS 45 YEARS, 45 YEARS OF NO PUBLIC INPUT. AND GUESS WHERE THAT'S HAPPENING AT? GUESS EAST AUSTIN, RIGHT? EAST AUSTIN. THIS IS SO APROPOS. THIS IS SO APROPOS. YOU'RE CENSORING THE PEOPLE THAT ARE GONNA BE THE MOST IMPACTED TIME AFTER TIME AFTER TIME. IT'S TIME THAT WE STAND UP AND SAY NO TO THIS. I'VE, I HAVE BEEN HERE ONLY 20 YEARS, SO NOT NEARLY AS LONG AS YOU, ROBIN, RATHER, BUT I HAVE NEVER SEEN THIS TYPE OF DEVELOPER GIVEAWAY EVER IN THE HISTORY THAT I HAVE BEEN HERE MYSELF. SO INSTEAD OF PRESERVING Y'ALL'S WALLETS, LET'S ACTUALLY PRESERVE THIS ENVIRONMENT FOR THE PEOPLE THAT WANT TO ACTUALLY INTER INTERACT WITH IT AND ENGAGE WITH IT. LET'S PRESERVE IT FOR THE FUTURE GENERATIONS SO THAT THEY CAN EXPERIENCE IT AND CAN ACTUALLY BE INVOLVED IN THEIR COMMUNITY. THANK YOU. THANK YOU ALL FOR YOUR COMMENTS. THE NEXT THREE SPEAKERS ARE JEFF PIKE, SUSANNA LIT, AND BIANCA GUERRERO. AND Y'ALL ALL EACH HAVE THREE UH, TWO MINUTES. SORRY. GOOD EVENING. MY NAME IS SULIS. I'M A UNION CARPENTER AUSTIN RESIDENT SINCE 1994 AND FORMER MEMBER OF THE CITY'S CONSTRUCTION ADVISORY BOARD. I'VE SEEN DEVELOPMENT FROM BOTH SIDES AS A BUILDER AND AS A RESIDENT OF OTTS NEIGHBORHOOD BECAUSE CITY COUNCIL HAS ALREADY PRIORITIZED TAX REVENUE OVER RESIDENTS CONCERN. THIS COMMISSION IS OUR LAST MEANINGFUL SAFEGUARD. PLEASE REMEMBER YOUR OATH. TO PROTECT OUR NATURAL RESOURCES AND THE PUBLIC INTEREST. WE DON'T HAVE TO SPECULATE ABOUT WHAT ENDEAVOR MIGHT DO. WE CAN LOOK AT ITS TRACK RECORD. SOUTH PARK MEADOWS WAS ONCE 435 ACRES OF RURAL PASTOR AND A RENOWNED OUTDOOR MUSIC VENUE. AFTER DEVELOPMENT, ONLY 3.5% REMAIN OPEN SPACE. THE DOMAIN WAS ONCE IBM'S CAMPUS WITH 55% OPEN SPACE AFTER REDEVELOPMENT, IT WAS REDUCED TO 4%. MOST DEVELOPERS BUILD TO MINIMUM STANDARDS [01:30:01] REQUIRED BECAUSE THEIR OBLIGATIONS ARE TO MAXIMUM MAXIMIZE RETURNS. THE DOG'S HEAD PROPERTY CONSISTS LARGELY OF OPEN LANDSCAPE, NATURAL GRASSLANDS, DIRT, FORMER AGGREGATE FITS WITHOUT MEANINGFUL ENVIRONMENT PROTECTIONS. I BELIEVE EVERY BUILDABLE ACRE WILL BE ULTIMATELY DEVELOPED. LAST NIGHT ENDEAVOR'S FOUNDER ANDY PASTOR, ACKNOWLEDGED THAT THE CITY SET A VERY LOW BAR. HE WANTS YOU TO BELIEVE ENDEAVOR IS EXCEEDING EXPECTATIONS BY PROVIDING 11% OPEN SPACE. BUT THE 266 ACRES THEY CITE LARGELY CONSISTS OF RIVERFRONT LAND ALREADY PROTECTED FROM DEVELOPMENT BY REQUIRED SETBACKS. WHAT IS BEING OFFERED IS NOT ABOVE AND BEYOND. IT'S ESSENTIALLY THE MINIMUM, WHETHER INTENDED OR NOT. DOG HEAD WILL LIKELY BECOME PART OF THIS BOARD'S LEGACY. IF THIS PROJECT MOVES FORWARD WITH WEAKER PROTECTIONS, THEN AUSTIN TYPICALLY REQUIRES FUTURE GENERATIONS MAY ASK WHETHER IRREPLACEABLE NATURAL RESOURCES WERE SACRIFICED FOR DEVELOPMENT THAT COULD HAVE OCCURRED ELSEWHERE. A LEGACY IS NOT DEFINED BY WHAT IS BUILT. IT IS DEFINED BY WHAT IS PROTECTED. THANK YOU, YOU. GOOD. EVENING CHAIR, VICE CHAIR AND COMMISSIONERS. MY NAME IS BIANCA GUERRERO, SUSTAINABILITY ANALYST AND ORGANIZER WITH POED REPRESENTING DISTRICT THREE. I'M HERE TO OPPOSE ITEM THREE AS WRITTEN AND STRONGLY SUPPORT. ITEM FOUR, THE CREATION OF A REAL COMMUNITY WORKING GROUP. SCIENTIFIC RESEARCH IS VERY CLEAR. WATERSHEDS WITH MORE THAN 10% IMPERVIOUS COVER BEGIN TO SHOW MEASURABLE DEGRADATION IN WATER QUALITY AND STREAM HEALTH ABOVE 25%. IMPERVIOUS COVER STREAMS ARE USUALLY SEVERELY DEGRADED AND OFTEN CANNOT RECOVER. THIS SITE SITS DIRECTLY ON THE COLORADO RIVER. SO THESE NUMBERS MATTER GREATLY. AT THE MAY 21ST CITY COUNCIL MEETING, WHEN RICHARD SUTTLE WAS DIRECTLY ASKED WHETHER THE APPLICANT PLANS TO UTILIZE A HUNDRED PERCENT IMPERVIOUS COVER, HE RESPONDED NO. STARTING OUT, INCLUDING THE OPEN SPACE AND THE TRAIL, IT WOULD BE LESS THAN 90%, EVEN AT LESS THAN 90%. THAT IS STILL AN EXTRAORDINARILY HIGH LEVEL OF IMPERVIOUS COVER FOR A MASSIVE 2,614 ACRE PROJECT RIGHT ALONG THE COLORADO RIVER. IT WILL CREATE SERIOUS RUNOFF, FLOODING, AND POLLUTION RISKS FOR DOWNSTREAM EAST AUSTIN NEIGHBORHOODS. EVEN AUSTIN PARKS AND RECREATION STAFF SAID IN THEIR OFFICIAL COMMENTS THAT THEY WOULD HAVE A HARD TIME SUPPORTING THIS AGREEMENT DUE TO WEAK PARKLAND, UM, DEDICATION, INSUFFICIENT PERMANENT PROTECTIONS OF PUBLIC RIVER ACCESS AND TOO MUCH DISCRETION LEFT WITH THE DEVELOP DEVELOPER. THIS IS PRECISELY WHY WE NEED ITEM FOUR, A REAL COMMUNITY WORKING GROUP WITH EAST AUSTIN VOICES AT THE TABLE TO ADVISE THE REGULATING PLAN. VOTE NO ON THE CURRENT WEEK FRAMEWORK IN ITEM THREE AND YES ON ITEM FOUR, PROTECT THE RIVER AND GIVE THE COMMUNITY A MEANINGFUL VOICE. THANK YOU ALL FOR YOUR COMMENTS. THE NEXT THREE SPEAKERS ARE CATHERINE BROWN, KATIE GAY, AND CARMEN GEZ. OKAY. MY NAME IS DR. CATHERINE BROWN. I AM FROM AUSTIN. I'M ACTUALLY FROM EAST AUSTIN. I'VE BEEN, I'M 62 YEARS OLD AND OLD ENOUGH TO HAVE BEEN EVEN BEST FOR DESEGREGATION. I HAVE LIVED IN EAST AUSTIN IN MY FAMILY HALF FOR SEVERAL GENERATIONS. I AM A, UM, ECOLOGICAL MODELER, INCLUDING, UM, MY SPECIALTY IS ENVIRONMENTALLY DRIVEN DISEASES. UM, IN MY OPINION, I THINK IT IS IMPERATIVE THAT WE CONSIDER ALL THE ENVIRONMENTAL IMPACT, NOT JUST IN TERMS OF THE LAND, THE ANIMALS, BUT ALSO IN TERMS OF THIS POTENTIAL SPREAD OF, FOR EXAMPLE, WEST NILE VIRUS. THIS IS ONE OF MY AREAS OF SPECIALIZATION. I WORK WITH THE CITY. IT IS EXTREMELY IMPORTANT THAT WE UNDERSTAND WHERE WE SIT NOW AT BASELINE. THIS IS, UM, PART, I THINK OF INTEGRATING WHAT WE WOULD CALL PUBLIC HEALTH INTO THIS SPHERE AND THE IMPORTANCE OF UNDERSTANDING WHERE WE SIT IN TERMS OF RIGHT NOW, IT IS, UM, WE NEED TO UNDERSTAND WHAT THE LAND LOOKS LIKE. WE NEED TO UNDERSTAND THE WATER QUALITY. WE NEED TO UNDERSTAND WHERE WE SIT IN TERMS OF OUR EVEN MONITORING OUR, OUR, UM, INFECTIOUS DISEASES. I WOULD SAY LAST NIGHT, UM, WHEN WE MET, UM, ONE PONG, ONE REALLY SALIENT [01:35:01] COMMENT THAT RICHARD MADE WAS, YOU NEED TO BE ABLE TO GIVE US GRACE. I ALSO RESPONDED BACK TO ANDY. GRACE GOES IN BOTH DIRECTIONS. I THINK THIS IS PARTICULARLY IMPORTANT IN BEING ABLE TO MAKE THIS DEVELOPMENT WORK. I ALSO WOULD ADD THAT, UM, THE IMPORTANCE OF DOING SUCH A THING IS NOT JUST TO BENEFIT, IS NOT JUST TO BENEFIT ONE INDIVIDUAL. THIS PROTECTS US. THIS PROTECTS THE PEOPLE WHO WILL LIVE THERE, WHO LIVE THERE NOW, AND WHO WILL LIVE THERE IN THE FUTURE. I'LL STOP AT THIS POINT. THANK YOU VERY MUCH. GOOD EVENING COMMISSIONERS. THANK YOU SO MUCH FOR THIS OPPORTUNITY. MY NAME IS KAMEN JANNIS AND I'M A RESIDENT OF DISTRICT NINE, BUT I SPENT A LOT OF MY, UH, GROWING UP ON THE COLORADO RIVER JUST UPSTREAM FROM THIS, UH, PROPOSED DEVELOPMENT. YOU'VE HEARD A LOT OF REALLY GOOD WORDS, A LOT OF GOOD SUGGESTIONS THAT COULD BE TREATED AS OPPORTUNITIES IF WE HAD THE CHANCE TO TRULY PLAN THIS DEVELOPMENT. UM, IT HAS ALL THE MAKINGS OF A PLANNED UNIT DEVELOPMENT. UH, ALL OF THE, UH, SUGGESTIONS, EVEN THE STAFF PRESENTATION ABOUT THE HYPOTHETICALS OF TRANSIT OF DENSITY FOR HOUSING, WHICH IS GREAT ON GREENFIELD DEVELOPMENT OF GREEN SPACE OF PUBLIC PARKS, COULD HAVE BEEN ADDRESSED IN A PLANNED UNIT DEVELOPMENT. UH, WE COULD HAVE, UH, MECHANISMS TO FOLLOW THE BINDING AGREEMENTS THAT YOU HEARD ABOUT. UH, WE COULD HAVE, UH, WE COULD ADDRESS THE IMPERVIOUS COVER AND THE DOWNSTREAM IMPACT BUILD IN THE GREENWAY PROVISIONS THAT BENEFIT THE MIGRATORY BIRDS THAT YOU HEARD ABOUT, THOSE GREEN ROOFS. AND MOST IMPORTANTLY, PRECLUDE DATA CENTERS, FULL IMPERVIOUS COVER OR MANUFACTURING CENTERS, THINGS THAT WE CAN'T AFFORD IN TERMS OF WATER USE. UH, THOSE PROVISIONS COULD BE ADDRESSED. THE OVERSIGHT OF THIS DEVELOPMENT, THE GREEN INFRASTRUCTURE, THE WATER QUALITY, ALL OF THOSE RECOMMENDATIONS. I WANT TO UNDERSCORE THE RECOMMENDATION OF LEASE LEVINS AND ALL THOSE WHO ARE DIRECTLY IMPACTED HERE AS WELL AS THE GENERAL PUBLIC. WE WANT YOU TO DELAY THE TURS UNTIL ENVIRONMENTAL REVIEWS ARE COMPLETE AND FIND A WAY TO CONSIDER A TRUE PLANNED UNIT DEVELOPMENT. CORRUPTION UNFORTUNATELY HAS TRICKLED DOWN TO THE LOCAL LEVEL. THE WEALTH DOESN'T SEEM TO TRICKLE DOWN THE WAY THEY SAY IT WILL , BUT THE CORRUPTION HAS MADE ITS WAY. THIS LAND USE COMMISSION, YOU ARE A LAND USE COMMISSION. YOU CAN HOLD A LINE. THANK YOU SO MUCH FOR CREATING THE SPACE FOR THE PUBLIC TO SAY THIS TONIGHT. AND LET'S TURN THIS BACK AND DO IT RIGHT. THANK YOU. THANK YOU ALL FOR YOUR COMMENTS. UM, KATIE GAY, ARE YOU PRESENT? OKAY, I'M GONNA MOVE ON. UH, THE NEXT THREE SPEAKERS ARE DANIELLA, SYLVIA, GAIL ROTHI, AND STEVEN BROWN. GOOD EVENING. MY NAME IS DANIELA SIVA. I'M A RESIDENT OF DISTRICT THREE. SID MILLER, THE REPUBLICAN TEXAS AGRICULTURAL COMMISSIONER HAS STATED TEXAS'S RUNNING OUT OF WATER AND THE CRISIS IN CORPUS CHRISTI IS THE CANARY IN THE COAL MINE. THIS IS OUR MOMENT TO ACT. THE PRICE OF WAITING WILL BE FAR HIGHER. I DID NOT HAVE SID MILLER SPEAKING OF THE TEXAS WATER CRISIS WITH MORE URGENCY THAN ANY OF OUR CITY STAFF ON MY 2026 BINGO CARD. WE CANNOT CONTINUE TO DEVELOP LIKE BUSINESS AS USUAL. THE TIMES WE ARE IN ARE NOT BUSINESS AS USUAL. WE HAVE TO START PRIORITIZING LAND STEWARDSHIP OVER LAND DEVELOPMENT, CREATIVITY OVER STATUS QUO. EAST AUSTIN DESERVES A NATURE PRESERVE NONPROFITS LIKE FARM SHARE. AUSTIN DESERVE ACCESS TO NEARBY LAND FOR THEIR FARMER GRADUATES TO GROW OUR LOCAL FOOD SYSTEM AND ECONOMY. PEOPLE LIKE ME WHO WANT TO BUY HOMES IN AUSTIN TO BE HERE FOR THE LONG TERM, WANT SUSTAINABLE OPTIONS THAT AREN'T GONNA DEGRADE AFTER A FEW YEARS. AND OUR NEIGHBORS IN BASTROP DESERVE TO HAVE CONTINUED ACCESS TO CLEAN DRINKING WATER. WHAT AUSTIN, BOTH ITS PEOPLE AND ITS LAND DOES NOT NEED IS ANOTHER MANUFACTURING FACILITY, ANOTHER GOLF COURSE, HIGH-END RESTAURANTS AND BOUTIQUES, MORE CORPORATE HIGH RISES AND HOUSING THAT ARE ALMOST EXCLUSIVELY RENTAL OPPORTUNITIES BECOMING A PERPETUAL ATM FOR PRIVATE EQUITY RATHER THAN PROVIDING OPPORTUNITIES FOR STABILITY VIA HOME OWNERSHIP. I RECENTLY VISITED THE HAGERMAN NATIONAL WILDLIFE PRESERVE AND WAS AWESTRUCK BY THE RICHNESS OF THIS LAND. ALL THE EDUCATIONAL OPPORTUNITIES IT [01:40:01] PROVIDES TO PEOPLE OF ALL AGES AND BACKGROUNDS. AND AUSTIN HAS A STUNNING OPPORTUNITY TO DO SOMETHING SIMILAR. THE LAND WE LIVE ON NEVER HAS BEEN AND SHOULD NEVER BE JUST FOR THE BENEFIT OF HUMANS. PLEASE THINK OF OUR FUTURES AND THAT OF OUR CHILDREN AND THEIR CHILDREN. I URGE CITY LEADERSHIP TO DELAY THE JULY 23RD TURS VOTE TO ALLOW FOR THE NECESSARY REVIEWS AND REGULATIONS TO PROTECT OUR NEIGHBORS AND THE ENVIRONMENT, TO THINK CREATIVELY AND ACT BOLDLY TO TURN DOG'S HEAD INTO LAND THAT IS TRULY BENEFICIAL TO THOSE WE LOVE, RATHER THAN SIMPLY A MONEYMAKING OPPORTUNITY FOR A SMALL FEW WAITING A COUPLE OF MONTHS BEFORE MAKING A 45 YEAR COMMITMENT IS MORE THAN A REASON PEOPLE OF BOSTON. AND I HOPE OUR LEADERS WILL LISTEN. GOOD EVENING. MY NAME IS GAIL RODDY. I LIVE IN DISTRICT FIVE. UH, THANK YOU VERY MUCH, UH, TO THE COMMISSION FOR, UH, BRINGING TO THE COMMITTEE FOR BRINGING, UH, THIS ITEM, UH, TO YOUR AGENDA. UH, I HOPE YOU ALL CAN BRING SOME SANITY TO THIS. I THINK THERE'S A SMALL OPPORTUNITY FOR US AND YOUR ROLE IN THIS IS VERY, VERY IMPORTANT. AND SO I THANK YOU VERY MUCH. UH, SO MANY PEOPLE HAVE SPOKEN SO ELOQUENTLY ABOUT THE ENVIRONMENTAL IMPACTS. I DON'T REALLY THINK I HAVE ANYTHING TO ADD ALONG THAT LINE. UM, BUT THIS SEEMS LIKE A TOTALLY INAPPROPRIATE SITE FOR WELL, FOR WHAT WE, WE REALLY DON'T KNOW. SO THAT'S PART OF THE PROBLEM. BUT I ALSO THINK WE, NOBODY SEEMS TO BE TALKING OR THINKING ABOUT WHAT ARE THE, UM, HOW MUCH MORE PUBLIC FUNDING IS GOING TO BE SUNK INTO THIS FOR DEALING WITH, UH, FLOOD FLOODING PROTECTION MAYBE AFTER THE FACT. SUDDENLY THERE ARE A LOT OF VULNERABLE, VULNERABLE PEOPLE. UM, WHAT ABOUT, UM, CLEANUP FOR ANY DISASTERS THAT MAY OCCUR? WHAT ABOUT REPAIRING EROSION OF THE RIPARIAN ZONE? WHAT ABOUT BRINGING BACK SPECIES THAT WE'VE LOST? WHAT ABOUT PAYING FOR ALL SORTS OF DAMAGES DOWNSTREAM AND TO THE COMMUNITIES AND LANDOWNERS WHO LIVE DOWNSTREAM? SO THERE'S A LOT THAT, A LOT OF BAD THINGS THAT COULD HAPPEN, AND I'M THINKING THAT'S ALL GONNA COME BACK ON PUBLIC FUNDING TO FIX THOSE THINGS. SO I THINK WE NEED TO BE THINKING ABOUT THAT AS WELL. SO, UM, I'M, THIS IS A DISASTER IN SO MANY WAYS. CLEARLY AN ENVIRONMENTAL OR A POTENTIAL ENVIRONMENTAL DISASTER, BUT IT'S ALSO VERY SADLY, SEEMS LIKE A DISASTER FOR OUR CITY PROCESS AND FOR DEMOCRACY. AND IT'S REALLY, REALLY DISTURBS ME THAT WE'RE RUSHING THIS ALONG. THANK YOU TIME. SO I YOU TO DELAY IT AS MUCH AS POSSIBLE. THANK YOU. GOOD EVENING, COMMISSIONERS. MY NAME IS STEVEN BROWN AND I'M A LIFELONG EAST AUSTINITE. I'M HERE TO OPPOSE THE DOG HEAD AS IT STANDS. UM, BECAUSE OF DECADES OF DISINVESTMENT AND ENVIRONMENTAL INJUSTICE IN EAST AUSTIN, IT IS IMPORTANT THAT EVERY DECISION MADE ABOUT LAND USE SHOULD BE LOOKED AT THROUGH A SOCIAL JUSTICE LENS. AND IN THE ENVIRONMENTAL JUSTICE LENS, THE WAY THIS PROJECT WAS COMMUNICATED TO THE PEOPLE MOST IMPACTFUL IS INDIRECTLY IN LINE WITH THE WAY EAST AUSTIN HAS ALWAYS BEEN HISTORICALLY COMMUNICATED WITH. AND THAT HAS TO STOP. IT HAS TO STOP CONVERSATIONS THAT IMPACT US WITHOUT US IS WRONG. CONVERSATIONS THAT IMPACT US WITHOUT US IS WRONG AND IT HAS TO STOP. INSTEAD OF GIVING EVERYTHING TO DEVELOPERS, LET'S TAKE THE OPPORTUNITY TO BE IN COMMUNITY AND DO A PROJECT THAT REALLY SERVES THE PUBLIC INTEREST. AUSTIN MUST PROTECT HIS FRESH WATER. THIS DEVELOPMENT APPARENTLY DOES NOTHING TO DO THAT. THIS DEVELOPMENT IS DEEPLY CONCERNING TO ME AND TO THE SURROUNDING NEIGHBORS. THERE'S NEIGHBORS IN IMPERIAL VALLEY, AUSTIN, UH, COLONY FORREST BLUFF ALL AROUND THAT HAVE NO IDEA WHAT'S GOING ON. AND THIS IS WRONG. ALSO, THIS ISN'T A LOCAL FLOODPLAIN. I HAVE NEIGHBORS AND FRIENDS WHO CAN'T BUILD A SHED IN THEIR BACKYARD BECAUSE THEY'RE IN A FLOODPLAIN. WHY, WHY ARE DEVELOPERS, WHY, WHY ARE DEVELOPERS GETTING TO PLAY BY A [01:45:01] SEPARATE SET OF RULES? THIS LOCAL GOVERNMENT DOES NOTHING FOR THE PEOPLE, BUT YET DEVELOPERS GET TO HAVE A SEPARATE SET OF RULES THAT DON'T CORRELATE. AND THIS, THIS CONTRADICTION IS EXACTLY WHY THE PEOPLE ARE LOSING TRUST IN ITS LOCAL GOVERNMENT. THIRDLY, ALLOWING A HUNDRED PERCENT IMPERVIOUS COVER IS IRRESPONSIBLE. THAT'S BEEN SAID HERE TONIGHT. UM, I THINK WE SHOULD TAKE SEVERAL MONTHS TO REALLY GET THIS RIGHT. I'M ASKING THAT THIS COMMISSION DELAY THIS AND INFORM AN ENVIRONMENTAL GROUP THAT EVALUATES AND LET'S GET THIS RIGHT. UM, RICHARD SUTO, YOU SAID THAT, YOU KNOW, THIS HAS BEEN IN THE WORKS FOR SEVEN YEARS. WELL, LET'S TAKE SEVEN MORE YEARS TO GET THIS RIGHT. THANK YOU ALL FOR YOUR COMMENTS. THE NEXT THREE SPEAKERS ARE RYAN O HUN , UH, CAMERON SHAW, AND BECKY WOODWARD. THANK YOU. UH, MY NAME'S RYAN. I'M FROM DISTRICT THREE. UH, RIGHT AROUND FESTIVAL BEACH. EVERY CITY IS AN ECOSYSTEM FOR AN ECOSYSTEM TO, TO THRIVE. DIVERSITY IS KEY. THE SAME GOES FOR PLANNING AND DEVELOPMENT OF THE CITY. THE ANNEXES AGREEMENT THAT WAS PREMATURELY SIGNED BY CITY COUNCIL BLINDLY HANDS OVER COMPLETE CONTROL OF THE DEVELOPMENT OF DOG HEAD TO ENDEAVOR. ONE PARTY FOR 45 YEARS WITHOUT ANY PLAN PRESENTED FOR THE LAND IN A STATEMENT ABOUT THE COMPANY'S MISSION. ENDEAVOR SAYS THAT THEY ARE CREATING SUSTAINABLE PROJECTS THAT STRENGTHEN AND ENHANCE OUR COMMUNITY. BUT A COMMUNITY IS NOT A SINGLE DETERMINING ENTITY. WE NEED A FULL PLAN. WE NEED WITH A FULL ENVIRONMENTAL REVIEW AND COMMUNITY INPUT THAT HAS BEEN FLESHED OUT WELL BEFORE THEIR SHOVELS HIT THE GROUND, ENSURING THAT ALL VOICES OF THIS CITY ARE INCLUDED. AND BEFORE THE OPPORTUNITY FOR MISTAKES OR MISGUIDED INTENTIONS ARE SET IN CONCRETE. I WOULD LIKE TO SEE A FUTURE FOR A CITY THAT INCLUDES THE PEOPLE AND THE ENVIRONMENT IN ITS VISION. THE PEOPLE, THE RIVER, THE BIRDS AND THE TREES. AND A FINAL NOTE, TO REITERATE WHAT WAS JUST SAID, TRACK THE IMPERVIOUS COVER. ASK FOR VARIANCES FOR EVERY PIT YOU WANT TO FILL IN. IF WE'VE GOT TO DO IT FOR EVERY LITTLE DIY BACK PORCH OR EVERY NEW TOOL SHED, YOU NEED TO BE HELD TO THE SAME STANDARD, IF NOT EVEN A STRICTER STANDARD FOR SUCH AN IMPACTFUL DEVELOPMENT. THAT TYPE, IT'S THAT TYPE OF REGULATION THAT ENSURES THE SAFETY OF OUR CITY, OUR ECOSYSTEM. THANK YOU. LET'S SEE. ALRIGHT, GOT THAT PICTURE UP. HELLO, UH, I'M CAMERON SHAW. HELLO. COMMISSION AND ENDEAVOR. UM, THERE'S A LOT BEEN SAID ABOUT THE RIVER AND THE WATER SUPPLY AND UH, THERE'S A REALLY IMPORTANT PIECE OF THIS THAT I THINK, UH, IS INVISIBLE AND IS GOING COMPLETELY OVERLOOKED. UH, THE DOG'S HEAD SITS AT THE VERY TOP OF THE COLORADO RIVER ALLUVIAL AQUIFER. THIS IS AN ALLUVIAL AQUIFER SYSTEM THAT FEEDS THE MUNICIPAL WATER SUPPLY FOR BASTROP, THE GRANGE, SMITH HILL, COLUMBUS, AND WHARTON. THIS IS A SHALLOW AQUIFER SYSTEM. IT DOESN'T SHOW UP ON MANY MAPS. THE BRAZOS RIVER, UH, ALLUVIUM, VERY SIMILAR. IT DID GET THAT DESIGNATION. THIS ONE DID NOT IN THE NINETIES. AND IF YOU THINK ABOUT IT, THE, THE COLORADO RIVER COMES DOWN THROUGH THE HILL COUNTRY FOR HUNDREDS OF MILES. IT'S GOING THROUGH LIMESTONE. IT, IT COLLECTS ALL THESE LITTLE ROCKS AND EROSION. AS SOON AS IT HITS AUSTIN, THAT'S WHERE THE LOW LANDS BEGIN. SO WHAT DOES IT DO? IT DUMPS OUT ALL THAT SEDIMENT. WHERE DID THAT ALL THAT GRAVEL CAME FROM? LIKE WHY WAS ALL THAT GRAVEL RIGHT THERE? ALL THOSE GRAVEL PITS? 'CAUSE THAT'S WHERE THE DEPOSITION BEGAN. AND THIS IS A 200 MILE LONG UNDERWATER AQUIFER SYSTEM. IT'S LIKE ONE TO FOUR MILES WIDE AND IT'S LIKE ZERO TO 60 FEET DEEP. SO THIS IS A HUGE NATURAL WATER STORAGE RESERVOIR FROM HERE TO THE GULF. AND THIS IS EXTREMELY IMPORTANT. IT HAS A LOT OF INTERACTION WITH THE SURFACE WATER. SO ANYTHING THAT GETS IN THE, IN THE RIVER GOES INTO THIS AQUIFER AND VICE VERSA. AND THIS IS LITERALLY THE DRINKING WATER FOR BASTROP. ALRIGHT? AND SO IF WE'RE TALKING ABOUT BUILDING RIGHT THERE IN THE FLOODPLAIN, IF WE'RE TALKING ABOUT ADVANCED MANUFACTURING, LIKE, OKAY, IF WE'RE GONNA START STORING REALLY HARSH TOXIC CHEMICALS IN THE RIVER VALLEY, LIKE WE JUST HAVE TO BE REALLY CAREFUL ABOUT HOW WE STORE THOSE AND USE PROPER PROTECTIONS AND EVEN THINK ABOUT IF THAT'S A GOOD IDEA, LIKE TO BEGIN WITH. 'CAUSE THIS AREA WILL FLOOD JUST ON MONDAY, THE RIVERWOODS UP TO 22 FEET, 25 FEET ACTION STAGE, 33 FEET [01:50:01] FLOOD STAGE. IF WE'RE GONNA STORE TOXIC S**T IN THE RIVER VALLEY ON THE DRINKING WATER OF ALL THESE OTHER CITIES. LIKE THERE'S A REAL RISK TO THESE ECOSYSTEMS AND LIVELIHOODS, AGRICULTURE, LIVESTOCK. LIKE THIS IS WATER THAT'S UNDERGROUND AND NEEDS TO BE PROTECTED. THANK YOU. HELLO, GOOD EVENING. MY NAME'S BECKY WOODWARD. I'M A RESIDENT OF DISTRICT TWO AND I LIVE ALONG CARSON STREET, CARSON CREEK, WHICH IS DRAINS JUSTIN TO THE NECK OF THE DOG. I'M REALLY CONCERNED ABOUT THE IMPERVIOUS COVER IMPACTS OF DOWNSTREAM NEIGHBORS, INCLUDING, IT SEEMS LIKE NOBODY KNOWS WHERE WE GET OUR DRINKING WATER. IT'S THE COLORADO RIVER. WHAT GOES INTO THAT RIVER MATTERS. THIS IS A MISTAKE. CITY COUNCIL NEEDS TO STEP UP AND DELAY THIS UNTIL JANUARY. I WAS JUST THERE AND HAD THE PRIVILEGE OF WHEN I WORKED AT TREE FOLKS IN THE HORNSBY BIN THAT HAS THE BEST BIRDING IN TOWN, ARGUABLY BETTER THAN THE BALCONES CANYON LANDS. UM, I WAS JUST THERE. I SAW EIGHT GREAT BLUE HERRINGS, RED EARED SLIDERS, BLACK BELIED WHISTLING, DUCKS, MODELED DUCKS, FISH, RED BELIED WOODPECKERS, DRAGONFLIES BUTTERFLIES, YELLOW CROWN NIGHT, HERONS, CROWS, KINGFISHERS, PAINTED BUNTINGS VULTURES SWALLOWS, WHITE WING DOVE, ROCK DOVES, GREEN HERONS, GRAY TAIL GRACKLE, CATTLE, EG GRITS AND CAROLINA RINS IN ADDITION TO SCISSOR TAIL FLY CATCHERS, ALL OF WHICH ARE PROTECTED SPECIES UNDER THE MIGRATORY BIRDY BIRD TREATY ACT OF 1918. AND THOSE WERE ON THE UPDATED LIST FROM 2023 UNDER THE CURRENT ADMINISTRATION EVEN AGREES THAT THOSE BIRDS ARE WORTH PROTECTING. THIS RIVER IS ALSO, AS PEOPLE MENTIONED, CONFIRMED HABITAT OF THE ENDANGERED TEXAS FAT MUCKE MUSCLE ALSO RECENTLY LISTED, MEANING THAT THIS ADMINISTRATION EVEN CARED. THIS IS THE BLACK LAMB PRAIRIE PEOPLE ALREADY MENTIONED HOW IT'S ONE OF THE MOST ENDANGERED ECOSYSTEMS AND LESS THAN 1%, LESS THAN OH OH 1%. I BELIEVE MAYBE IT'S OH ONE , BUT I THINK IT'S LESS THAN ONE PERC. OH, I KNOW. IT'S LESS THAN 1% OF FOOD IN AUSTIN IS GROWN WITHIN A HUNDRED MILE MILE RADIUS. WHY HAVE PEOPLE OCCUPIED THIS LAND FOR CENTURIES? BECAUSE THEY CALL THIS AREA BLACK GOLD. WE NEED TO GROW OUR OWN OWN CROPS AND WE NEED TO PRESERVE THIS LAND, NOT FOR DEVELOPMENT, BUT TO FEED AUSTINITES. THANK YOU SO MUCH FOR YOUR TIME. I REQUEST A DELAY ON THIS PROJECT UNTIL JANUARY. UM, THIS IS NOT A BLYTHE ZONE. THERE'S BIRDS IN WILD LIFE. THANK YOU FOR YOUR COMMENTS EVERYWHERE. UH, THE NEXT THREE SPEAKERS ARE CRAIG NASER, ROY WHALEY, AND DANIEL LOWE. HELLO, MY NAME IS CRAIG NASER. I'M THE CONSERVATION CHAIR OF THE LONE STAR CHAPTER OF THE SIERRA CLUB. AND I HAVE TO SAY, THIS MAKES ME HAPPY TO BE IN AUSTINITE. AND NOW RICHARD SUTTLE, WE KNOW YOU AND YOU KNOW WHAT KILLS ME IS THAT THIS HAPPENED IN 1990 AT THE ALL NIGHT CITY COUNCIL MEETING. THESE DEVELOPERS CAME WITH A SLICK LAWYER WHO SAID, YEAH, WE'LL DO ALL THIS AND ALL THAT AND IT'LL BE GREAT AND CITY CAN'T SURVIVE WITHOUT US AND EVERYTHING. A WHOLE BUNCH OF PEOPLE CAME AND SAID, NOPE. AND, AND AUSTIN'S FAVOR. THEY DIDN'T DO IT. WELL, NOW THIS HAPPENED AGAIN. YOU KNOW WHAT YOU COULD HAVE DONE? YOU COULD HAVE COME UP TO THE ENVIRONMENTAL COMMUNITY AND SAY, HEY, WE GOT THIS INCREDIBLE PIECE OF LAND HERE. WE'RE GONNA MOVE OUT. WE WANNA DO SOMETHING WITH IT. CAN WE TALK WITH YOU? WHAT WOULD BE GOOD? THAT'S NOT WHAT YOU'VE DONE. AND I KNOW WHY YOU HAVEN'T DONE IT. I'M JUST NOT GONNA SAY IT, BUT I KNOW WHY YOU HAVEN'T DONE IT. AND I JUST, YOU KNOW WHAT THIS IS, THIS IS BULLYING. TRUMP IS DOING IT TO AMERICA RIGHT NOW. BULLY PEOPLE SO YOU DON'T GO AFTER YOUR RIGHTS, YOU GET SCARED. OKAY? I HAVE BEEN AT THE STATE LEGISLATURE FOR THE PAST FOUR YEARS WITH SIERRA CLUB. THEY BULLY AUSTIN ALL THE TIME. YOU CAN'T HAVE YOUR ELECTRIC UTILITY. WE'RE GONNA TAKE IT AWAY FROM YOU IF YOU DON'T USE IT THE WAY WE TELL YOU TO. WHY ARE YOU DOING THAT TO YOUR OWN COMMUNITY? I DON'T UNDERSTAND IT. I DON'T GET IT. AND NOW I COULD SIT HERE AND TALK ABOUT A LOT OF, A WHOLE LOT OF ENVIRONMENTAL THINGS, WHICH I'D LOVE TO DO, BUT THAT'S MY BIG, THAT MAKES ME MAD. THAT REALLY MAKES ME MAD. OKAY, [01:55:01] NOW IMPERVIOUS COVER SOIL IS ALIVE. WE HAVE FOUND SO MUCH ABOUT A SOIL TREES GROW. DO YOU KNOW TREES COMMUNICATE WITH EACH OTHER THROUGH THE MYCELIUM IN THE GROUND? THERE'S ALL THESE INCREDIBLE BOOKS ABOUT IT. I MEAN, SOIL'S ALIVE, IT SEQUESTERS CARBON SOIL ITSELF SEQUESTERS CARBON. WHEN YOU PUT IMPERVIOUS COVER ON IT, YOU KILL SOIL DEAD AND TOMBED. WE ARE AT TIME NOW. THANK YOU. I KNOW. THANK YOU VERY MUCH. WISH YOU HAD MORE TIME. VERY MUCH HOWDY, Y'ALL. MY NAME'S ROY WHALEY. I'M A LONG TIME ENVIRONMENTAL ACTIVIST AND POLITICAL ACTIVIST HERE IN CENTRAL TEXAS, SPECIFICALLY AUSTIN. AND WHEN, WHEN I'M HERE TONIGHT, I THINK ABOUT THINGS THAT I HEARD AT THE, UH, CITY COUNCIL MEETING. NOW THEN, YOU KNOW, I KNOW THAT ENDEAVOR AND THEIR LEGAL MOUTHPIECE HAVE, UH, SAID THEY'RE GONNA TAKE CARE OF EVERYTHING. WELL, WE'VE HEARD ABOUT ALL THESE DIFFERENT ENVIRONMENTAL, UH, SPECIES IMPACTS, UH, FROM THE ENVIRONMENTAL SIDE. THEY DON'T SEEM TO GIVE A RAT HINNEY ABOUT WHAT'S GOING TO HAPPEN TO THE SPECIES OUT THERE. SO THAT'S THEIR ENVIRONMENTAL APPROACH. I GUESS THE OTHER THING IS RICHARD TOLD ME AT THE CITY COUNCIL MEETING THAT HE HAD SIGNED A NON-DISCLOSURE AGREEMENT. THAT DOESN'T MEAN NON TELL YOU WHAT YOU HEAR ABOUT. THAT DOESN'T MEAN HE CAN'T TELL YOU THAT THERE'S A COMMERCIAL ASPECT OF ALL OF THIS, THAT WE DON'T KNOW WHAT IT IS. WE DON'T KNOW IF IT'S A DATA CENTER. WE DON'T KNOW IF THEY'RE MAKING FIGHTER JETS OUT THERE. WE JUST KNOW THAT WE CAN'T ASK ABOUT IT. AND THAT'S, THAT MAKES ME THINK ABOUT 1968 WHEN RICHARD NIXON WAS RUNNING FOR PRESIDENT AND HE HAD A PLAN TO GET US OUT OF VIETNAM. AND HE SAID, IT'S A SECRET. I CAN'T TELL YOU THE PLAN. I CAN'T, IT'S NOT A NON-DISCLOSURE. I CAN'T TELL YOU BECAUSE IF I DO, THEN THEY'LL KNOW WHAT WE'RE GONNA DO AND I CAN'T GET US OUT. WELL, THAT WENT FROM 68 TO 75 WITH MORE PEOPLE DYING, MORE PEOPLE GETTING KILLED. THAT'S NON-DISCLOSURE FOR YOU RIGHT THERE. WE NEED SOME HONEST CONVERSATIONS. WHAT WE NEED IS FOR EACH AND EVERY ONE OF YOU COMMISSIONERS TO TALK TO THE COUNCIL MEMBER THAT APPOINTED YOU AND SAY, THIS IS INDEED BS. WE NEED YOU TO BACK OFF OF THIS. IF THE DEAL IS TOO GOOD, IF IT'S SUCH A GOOD DEAL, DECIDE NOW OR FOREVER HOLD YOUR PEACE BACK OFF. USUALLY YOU'RE GETTING SCREWED. PT BARN. THAT WAS THE TIME. THANK YOU. OKAY. AND I ENJOYED MY TIME WITH YOU. THANK YOU VERY MUCH Y'ALL. THANK YOU FOR THE OPPORTUNITY TO SPEAK. UH, I LIVE ADJACENT TO THE DOGHEAD NEIGHBORHOOD. MY NAME IS DANIEL LOWE. I'M HERE TO SPEAK ABOUT THE CITY'S APPROVAL PROCESS WITH THIS PROJECT, AND SPECIFICALLY THE COMPLETE DISREGARD FOR THE ENVIRONMENTAL REGULATIONS BY SENIOR CITY MANAGEMENT. TO BE CLEAR, I ACTUALLY DON'T HAVE AN ISSUE FILLING IN THE EXISTING GRAVEL MINING PITS, BUT THE CITY MADE NO ATTEMPT TO WORK WITHIN OR MODIFY THE EXISTING ENVIRONMENTAL CODE TO ACCOMMODATE THESE UNIQUE LAND USE REQUIREMENTS. INSTEAD, THEY SUSPENDED THE ENTIRE ENVIRONMENTAL CODE, ALLOWED UNLIMITED CUT AND FILL. AND CONSEQUENTLY, WITHOUT ANY OVERSIGHT, WE'RE LEFT TO SIMPLY HOPE THIS DEVELOPER HAS THE SKILLS, THE EXPERIENCE, AND THE BEST INTENTIONS FOR BUILDING IN THIS RIPARIAN ZONE. LIKEWISE WITH THE IMPERVIOUS COVER, FROM WHAT I UNDERSTAND, THE CITY MANAGEMENT DIDN'T WANNA BE BOTHERED TO DO THE BEAN COUNTING OF CALCULATING THE IMPERVIOUS COVER. SO THEY SIMPLY ALLOCATED A HUNDRED PERCENT. THESE ARE RECKLESS DECISIONS MADE BY INDIVIDUALS NOT TRAINED TO MAKE THEM. I JUST FOUND OUT TONIGHT THAT THE TREE ORDINANCE DOESN'T APPLY. UH, APPARENTLY THE CITY'S DETERMINED THAT THERE'S AN ONEROUS NUMBER OF LARGE PROTECTED TREES ON THE RIVER, INHIBITING DEVELOPMENT, SUSPENDING ENVIRONMENTAL REG REGULATIONS. SUCH A DANGEROUS PRECEDENT FOR ALL FUTURE LAND ACQUISITIONS AND CITY MANAGEMENT SHOULD BE HELD ACCOUNTABLE FOR THESE DECISIONS. THANK YOU. YAY. THANK YOU ALL FOR YOUR COMMENTS. THE NEXT THREE SPEAKERS ARE BEATRICE ANDERSON, BOBBY LEVINSKY, AND REBECCA CIO. [02:00:06] GOOD EVENING COMMISSIONERS AND THANKS FOR THE OPPORTUNITY TO SPEAK. UH, BEATRICE ANDERSON, ATTORNEY WITH SAVE OUR SPRINGS ALLIANCE. UM, AND THIS WILL BE THE THIRD MEETING IN A ROW THAT I'M HERE TALKING TO YOU ABOUT THE ISSUES OF TRANSPARENCY WITHIN THE CITY. BUT THIS ONE REALLY TAKES THE CAKE. UM, THE CITY HAD THE OPTION TO COMPLETELY SIDESTEP BOTH ITS COMMISSIONS, COMMISSIONERS, AND ITS CONSTITUENTS. UM, AND IT TOOK IT, AND NOT ONLY DID IT TAKE IT, BUT LIKE A GOOD DOG, IT ROLLED OVER AND GAVE THE DEVELOPER ABSOLUTELY EVERYTHING THEY WANTED. UM, I GUARANTEE THIS PROCESS WOULD'VE BEEN DIFFERENT. WERE THIS DEVELOPMENT ON THE WEST SIDE AND THE EAST SIDE DESERVES BETTER. AND I WANNA MOVE TO CHALLENGE SOME OF THE THINGS THAT ENDEAVOR AND SUBTLE SAID HERE TONIGHT. SO SUBTLE TOLD YOU THAT THEY'RE OPEN, YOU KNOW, THEY'RE HERE BECAUSE THEY'RE OPEN TO HEARING FEEDBACK AND WANT TO WORK WITH THE COMMISSIONERS, UH, TO DO THIS, TO DO THIS, RIGHT? UM, SO WHY DIDN'T THEY COME TO YOU FIRST? UM, WHY IS THE CITY MANAGER NOT HERE? UH, WHY WERE THE NEIGHBORS NOT NOTIFIED THAT WOULD BE DOING THIS? RIGHT? UH, THEY REPEATEDLY SAID THAT THEY ARE RESTORING THE SITE. UM, BUT THEN IT'S ALSO OPEN FOR ANY POTENTIAL USE, INCLUDING INDUSTRIAL. SO THEY'RE RESTORING IT FROM AN IT'S FORMER INDUSTRIAL AND MOVING IT STRAIGHT BACK TO INDUSTRIAL. I DON'T UNDERSTAND HOW THAT IS A RESTORATION THAT IS GIVING ANYTHING BACK TO THE COMMUNITY HERE. UM, AND I THINK THAT LANGUAGE IS MISLEADING. UM, ALSO IMPORTANTLY, THEY CONVENIENTLY GLOSS OVER THE FACT THAT THIS DEVELOPMENT AGREEMENT IS LOCKING IN THESE VARIANCES. UM, SO IF THEY DON'T GET THESE GUARANTEED, LIKE THEY'RE ALREADY GUARANTEED BY THE CITY IN THIS AGREEMENT. SO ALL OF THIS TALK IS VERY NICE, BUT THE AGREEMENTS VOID. IF, IF THE CITY DOESN'T FOLLOW THROUGH WITH ITS OBLIGATION, ITS CONTRACTUAL OBLIGATION TO GRANT THEM THESE RIGHTS. SO THEM SAYING, OH, WELL, YOU KNOW, WE JUST NEEDED A HUNDRED PERCENT IMPERVIOUS COVER, BUT WE'RE NOT REALLY GONNA USE IT. UH, WE JUST NEEDED IT BECAUSE IT'S HARD TO TRACK. ISN'T THAT YOUR JOB AS A DEVELOPER, UM, TO UNDERSTAND HOW TO DEVELOP YOUR PIECE OF LAND WITHIN THE REGULATIONS THAT APPLIED TO IT? UM, YEAH. I, IS THAT, IS THAT MY TIME? OKAY, WELL, THANK YOU FOR YOUR TIME. HELLO, GOOD EVENING. MY NAME IS REBECCA CIO. I'M A REALTOR HERE IN AUSTIN. I'VE BEEN HERE FOR 20 YEARS AND I'M A NEW HOMEOWNER, UM, IN DISTRICT THREE. AND I JUST WANTED TO EXPRESS MY DISSATISFACTION AND HOW THIS WAS HANDLED. WE WERE DEEP, WE WERE BLINDSIDED, AND I'M, I JUST GOT HERE. AND SO I'M, I WANNA STAND AND TELL MY NEIGHBORS THAT I'M HERE. I'M HERE WITH YOU GUYS, AND WE'RE NOT GOING ANYWHERE. WE'RE WATCHING NOW. WE KNOW THAT WHAT'S, WHAT'S AT STAKE? THERE'S TOO MUCH AT STAKE LIKE WE'VE SEEN AND WE NEED YOU GUYS TO HOLD THEM ACCOUNTABLE FOR US, BECAUSE THIS, ONCE IT'S GONE, IT'S GONE. AND WHAT'S THE RUSH? THERE'S YOUR BUYER. OKAY, WELL THE BUYER, THERE'LL BE NEW, NEW BUYERS. THE LAND IS GOOD, BUT LET'S DO THIS RIGHT AND GET, GET THIS RIGHT. DO AN ENVIRONMENTAL, A COMPREHENSIVE THIRD PARTY ENVIRONMENTAL STUDY, UM, AND GET THE COMMUNITY INVOLVED PLEASE. AND DELAY THE, THE TRIS VOTE UNTIL WE KNOW WHAT'S, HOW IT'S GONNA IMPACT ALL THIS. THANK YOU. THANK YOU COMMISSIONERS. BOBBY LEVINSKY. I'M THE SENIOR STAFF ATTORNEY FOR SAVE OUR SPRINGS ALLIANCE. UM, I HAD A LOT TO SAY AT THIS WHEN IT CAME TO THE CITY COUNCIL. I'M GONNA BE A LITTLE BIT LESS GRANT SANDY, AND A LITTLE BIT MORE FACTUAL FOR YOU. BUT I DO WANNA START BY SAYING THAT IF THIS PROJECT WERE WEST OF MOPAC, THERE WOULD'VE BEEN A PUB, A PUBLIC PROCESS. UM, I APPRECIATE THE COMPARISON TO DOWNTOWN. THAT HELPS US WITH A REALLY GOOD VISUAL. AND IT ALSO SPEAKS TO THE DAMAGE THAT CAN BE DONE IF YOU DEVELOP WITHOUT A PLAN. THINK ABOUT HOW MUCH MONEY WE HAVE SPENT RESTORING WALLER CREEK, HOW MUCH MONEY WE WE SPENT RESTORING SHOAL CREEK, THE FLOODING PROBLEMS THAT HA WAS CAUSED BY THAT. THAT'S WHAT THE CITY COUNCIL DID IN LESS THAN SEVEN DAYS. NOTICE THAT THAT DEVELOPMENT AGREEMENT WAS POSTED ON 5:00 PM ON A FRIDAY, GIVING THE COMMUNITY NO PUBLIC PROCESS WHATSOEVER IN, IN FIXING THIS MISTAKE THAT THEY WERE ABOUT TO MAKE. UM, SO NOW THEY'RE PUT IT IN OUR HANDS AND THEY PUT IT IN YOUR HANDS TO SPEAK OUT. SO HOPEFULLY WE CAN MAKE SOME SORT OF WAVE HERE, UM, TO BE LESS GRAND. SANDY, THOUGH, I WANNA ADDRESS THE BOMBED OUT MINING PITS BECAUSE WE ALREADY HAVE A PLAN FOR THAT. SO WHAT I PASSED OUT TO YOU, UH, IS, UH, THE WEBPAGE FOR THE TRAVIS COUNTY, UH, UH, COLORADO RIVER CORRIDOR PLAN. IT ALREADY TALKED ABOUT WHAT WAS GONNA BE HAPPENING TO THIS AREA AFTER THE MINING APP OPERATIONS WERE FINISHED. AND IF YOU LOOK THROUGH THE PLAN, WHICH I ENCOURAGE YOU TO DO FOR THOSE ONLINE, JUST GOOGLE COLORADO RIVER [02:05:01] CORRIDOR PLAN. I'LL SEND IT TO YOU IN EMAIL LATER. UM, YOU'LL SEE A MAP ON PAGE 30, AND THAT'S ALSO ON THE PAGES DISTRIBUTED TO YOU. YOU'LL SEE A GREEN COLOR AND A LITTLE BIT OF A YELLOW COLOR. THOSE AREAS FOR THE DOGS HEAD WERE ENVISIONED TO BE POST MINING, OPEN SPACE LAND THAT HAS BEEN MINED, THAT IS NOW OPEN SPACE. USES CAN INCLUDE WETLANDS, TERRESTRIAL, AND AQUATIC HABITAT, AGRICULTURAL USES, ORCHARDS AND OTHER OPEN SPACE USES RECREATIONAL NATURAL AREAS, PUBLIC AND PRIVATELY ACCESSIBLE LAND DEDICATED TO NATURAL HABITAT, RECREATIONAL PARKS, GREENWAYS, AGRICULTURAL, UH, LAND AND LAKES. THE REASON FOR THIS WAS THAT THESE AREAS ARE REALLY RICH IN NUTRIENTS AND IT WOULD BE REALLY IMPORTANT TO RESTORE. THAT'S WHAT TRAVIS COUNTY ENVISIONED, AND THAT'S WHAT THE CITY OF AUSTIN ABANDONED THEM BY AND CITY TO THE CITY. AND THEN REMOVING THE PROTECTIONS THAT WERE IN PLACE, THAT WOULD'VE BEEN MORE PROTECTIVE. THANK YOU ALL FOR YOUR COMMENTS. THE FINAL SPEAKER FOR THIS ITEM IS RICH HAMAN. RICH, ARE YOU PRESENT CHAIR? THAT CONCLUDES THE SPEAKERS ON THIS ITEM. OKAY. THANK YOU ALL FOR BEING HERE, FOR YOUR PASSIONATE INPUT FOR, FOR GIVING YOUR TIME TO ENGAGE IN THIS IMPORTANT PROCESS. UM, NEXT WE'RE GONNA GO TO COMMISSIONER QUESTIONS AND INPUT AND, UM, WE'RE GONNA START ONLINE WITH COMMISSIONER CHIN SET. UM, OH, AND I'M SORRY, BEFORE WE DO THAT, IF WE COULD GET THE CITY STAFF PRESENT TO PLEASE FIND A MICROPHONE, AND THEN ALSO THE APPLICANT TO FIND A MICROPHONE. SO YOU'RE READILY AVAILABLE FOR QUESTIONS. I'M GONNA PAUSE FOR A SECOND. COMMISSIONER CHANG. SET UNTIL FOLKS FIND A MICROPHONE. AND I'M ALSO NOTICING THAT WE DON'T HAVE QUORUM RIGHT NOW WITH, UM, OKAY. OR COMMISSIONER BRIMER, IF YOU CAN TURN YOUR CAMERA BACK ON. ALL RIGHT, WE'RE BACK TO BACK TO QUO. OKAY. UM, COMMISSIONER C***K. SET. HI. UM, I JUST WANTED TO SAY THANKS TO ALL OF THE MEMBERS OF THE PUBLIC FOR TAKING YOUR TIME AND COMING OUT HERE. UM, YEAH, I, I REALLY APPRECIATE AND I, I HEAR YOU AND I, UM, I'M HONESTLY JUST LIKE IN AWE RIGHT NOW. UH, I REALLY APPRECIATE EVERYONE TAKING THE TIME OUT OF THEIR DAY AND REALLY JUST COMMUNICATING WITH US. UM, I AM ALMOST LIKE AT A LOSS OF WORDS BECAUSE I AM FUNDAMENTALLY AGAINST THE WAY THAT THIS HAS BEEN COMMUNICATED TO THE PUBLIC, HOW THIS HAS BEEN HANDLED ON THE CITY'S PART AND ALSO ON THE BEHALF OF THE DEVELOPER. UM, GENUINELY I THINK THAT, YOU KNOW, I AM A BIOLOGIST AND I HAVE STUDIED PUBLIC HEALTH, AND I CAN GENUINELY SAY THAT I'VE NEVER SEEN IN REAL LIFE A MORE TEXTBOOK, UH, EXAMPLE OF ENVIRONMENTAL RACISM. AND I FIND THAT INCREDIBLY DISTURBING THAT I AM SITTING HERE AS A 27-YEAR-OLD WOMAN AND SEEING THIS FIRSTHAND. I AM SO INCREDIBLY DISAPPOINTED BY BOTH THE CITY AND THE DEVELOPER FOR NOT INITIATING, UH, COMMUNICATION WITH THE PUBLIC, NOT GIVING THEM A CHANCE TO HAVE THEIR VOICE HEARD, PARTICULARLY IMPACTING MARGINALIZED COMMUNITIES. I MYSELF AM A HISPANIC WOMAN, AND I'M SICK AND TIRED OF THIS ON EVERY SCALE AND EVERY LEVEL. AND I THINK IT'S, IT'S REALLY, I, IT'S REALLY HARD FOR ME TO EVEN PUT INTO WORDS THE DISAPPOINTMENT THAT I FEEL. I DON'T THINK THAT WE AS A, AS A LOCAL GOVERNMENT CAN DO OUR JOB WITHOUT APPROACHING THE PUBLIC AND HEARING THEM AND WHAT THEY NEED. THAT'S THE WHOLE POINT OF LOCAL GOVERNMENT AND TO JUST NOT EVEN CONSIDER THE PEOPLE THAT ARE LIVING THERE. [02:10:01] WE JUST SAW A FLOOD KILL CHILDREN LAST YEAR, AND WE'RE CONSIDERING 90% IMPERVIOUS COVER IN A FLOODPLAIN WHEN FLOODPLAINS ARE ONLY GOING TO SPREAD AND GET WORSE WITH TIME. I MEAN, I, I, I DON'T EVEN HAVE QUESTIONS. I, BECAUSE REALLY I DON'T UNDERSTAND THIS ON A FUNDAMENTAL LEVEL. I DISAGREE WITH IT IN EVERY WAY POSSIBLE. UM, AND I, I JUST AM REALLY DISAPPOINTED BY THE EXPLOITATION THAT'S, THAT'S TAKING PLACE ON BOTH PARTS. UM, BECAUSE I HAD MORE FAITH IN DEVELOPERS, TO BE HONEST. UM, I'M FROM THE NORTHEAST. I'M USED TO DEVELOPMENT. I AM FROM A SUBURB OF MANHATTAN, AND WE SEE IT ALL DAY LONG. BUT I HAVE NEVER SEEN THIS. UM, I ALSO WANT TO POINT OUT THE IDEA THAT, UM, YOU KNOW, THERE IS A, A ONE HEALTH HYPOTHESIS, UM, THAT IS USED BY THE CDC, USED BY THE WORLD HEALTH ORGANIZATION. AND IT IS A COLLABORATIVE APPROACH THAT BASICALLY JUST HIGHLIGHTS THE INTERDEPENDENCE OF HUMANS, ANIMALS, PLANTS, AND ECOSYSTEMS TO PREVENT THE SPREAD OF AN EXACERBATION OF INFECTIOUS DISEASE. SOMETHING THAT I THINK WE ALL HAVE SEEN IN CURRENT YEARS JUST ABSOLUTELY TAKE OFF IN TERMS OF PROCE PREVALENCE AND INCIDENTS AND SEVERITY. UM, I JUST, YEAH, I'M GONNA STOP BECAUSE I, I APPRECIATE EVERYONE BEING HERE AND I APPRECIATE EVERYONE'S TIME FROM THE CITY AND FROM THE DEVELOPERS AS WELL, BUT I, I, I GOT GOOSEBUMPS. LIKE I, THIS IS WHAT WE LEARNED ABOUT IN SCHOOL, AND I URGE YOU TO JUST LIKE, I'M NOT TRYING TO, YOU KNOW, SIT ON MY HIGH HORSE HERE, BUT I'M REALLY COMING FROM A, A SENSE OF COMPASSION AS A HUMAN BEING. GENUINELY THINK OF OUTSIDE OF WORK, WHAT LIFE IS ABOUT, IT'S FAMILY AND SAFETY, AND LEAVING, YOU KNOW, YOUR FAMILY SAFE AND BETTER THAN YOU WERE. HOW IS THIS DOING THAT? LIKE, I, I'M GONNA STOP, BUT YEAH, THANKS FOR YOUR PRESENTATIONS, COMMISSIONER BRIER, ARE YOU ABLE TO UNMUTE YOURSELF? YEAH, THANK YOU. OKAY. I, UH, SORRY, UH, LIFE ENDED IN NEW HAMPSHIRE FOR A MINUTE. UH, SO I HAD TO REBOOT. I APOLOGIZE. UM, YEAH, UH, I HAVE A VERY FEW QUESTIONS AND THEN I HAVE A LOT OF COMMENTS. I'VE BEEN DOING A LOT OF RESEARCH ON THIS OVER THE PAST MONTH, SO I HAVE A LOT OF THINGS TO DO OR THINGS TO SAY. UH, I APPRECIATE THE PRESENTATION BY MR. SU. UH, YOU KNOW, IT WAS INFORMATIVE TO THE EXTENT THAT IT WAS BRIEF AND, UH, IT WAS UNFORTUNATE THAT, UH, YOU KNOW, THE SITUATION WOULD NOT ALLOW US TO MAKE A RECOMMENDATION AT THIS TIME, UH, REGARDING THIS, UH, YOU KNOW, THIS, THIS ITEM. UH, AND IT IS ALSO UNFORTUNATE THAT THE CITY MANAGER'S OFFICE WAS UNABLE TO PROVIDE SOMEONE TO SPEAK AND, UH, PROVIDE INPUT FROM THE CITY MANAGEMENT, UH, PERSPECTIVE. I'VE GONE BACK AS FAR AS 1991 TO FIND STUDIES ON THE COLORADO RIVER BELOW THE, UH, LONGHORN DAM. AND, UH, THERE HAVE BEEN STUDIES CONDUCTED BY THE LCRA, THE CITY OF AUSTIN. I'VE ALSO, UH, ON THE MINING ASPECT, UH, DONE SOME WORK OR, YOU KNOW, FOUND STUDIES BY THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES. AND I'VE LOOKED AT SOME STUFF DONE BY THE TRAVIS COUNTY, AND I BELIEVE BOBBY LEVINSKY MENTIONED, UH, THE LOWER COLORADO, OR I MEAN THE TRAVIS COUNTY, UH, UH, STUDY ON, UH, THE PLANS, LONG RANGE PLANS FOR, UH, THE COLORADO RIVER. BUT THERE'S A NUMBER OF PAPERS THAT HAVE BEEN DONE BY A PROFESSOR AT THE, UH, UNIVERSITY OF TEXAS WHO'VE STUDIED, UH, THE HYDROLOGY OF THE COLORADO RIVER. AND I WOULD EXPECT, I WOULD HOPE ANYWAY, THAT, UH, THE ENGINEERS FOR, UH, THIS [02:15:01] PROJECT HAVE READ THOSE AND UNDERSTAND THE INTERACTION BETWEEN THE, UH, YOU KNOW, THE, THE GROUNDWATER, UH, IN THE, UH, DOG HEAD AREA AND THE COLORADO RIVER, AND THE INTERACTION OF THE DAM RELEASE OF THE WATER UPSTREAM IN THE HIGHLAND LAKES AND HOW THAT IMPACTS THE, UH, YOU KNOW, THE PLANT LIFE, THE, UH, YOU KNOW, THE, THE, THE RIVER, UH, LIFE AND, UH, INSECTS AND THAT SORT OF THING THAT, THAT ARE DOWNSTREAM OF, OF THE LONGHORN DAM. 'CAUSE ALL THIS INTERACTS. UH, SO THESE ARE ALL THINGS THAT HAVE TO BE CONSIDERED DURING ALL THIS, UH, TYPE OF THING. I HAVE COPIES OF ALL THOSE, UH, THOSE STUDIES IF ANYONE'S INTERESTED IN THEM. I'VE ALSO SPOKEN TO THE EPA AND THE MAYOR OF BASTROP ON THIS AS WELL. AND ONE OF THE THINGS THAT I DID, UH, IN READING THE CONTRACT WITH REGARD TO THIS, UH, DEVELOPMENT, I COMPARED IT TO SOME PD, UH, YOU KNOW, UH, PUDS THAT THE ENVIRONMENTAL COMMISSION HAS REVIEWED RECENTLY. AND COMPARED TO WHAT WE GRANTED AND WHAT THOSE PUDS HAVE REQUESTED COMPARED TO THIS, SOME OF THE PS THAT WE REVIEWED WERE LIKE THE STATESMAN P THE 1705 SOUTH LAKESHORE DRIVE, PUD, THE 1404 EAST RIVERSIDE DRIVE P AND THE CIRCUIT OF THE AMERICA'S POD. THESE ARE ALL FAIRLY RECENT AND MR. SUTTLE MAY BE FAMILIAR WITH SOME OF THESE FOR OBVIOUS REASONS. UH, SOME OF THESE PODS HAVE HAD THESE FEATURES IN THEM. REQUIRED PLANTING OF NATIVE TREES AND GRASSES USE OF AC CONDE, UH, CONDENSATES FOR COMMERCIAL INTEGRATION FOR THE AREA RATIOS. EMPLOYMENT OF CERTIFIED ARBORISTS FOR THE DURATION OF THE CONTRACT, OR THE DEVELOPMENT OF THE PUD AGREEMENT TO ABIDE BY CITY CODE WITH APPROVED VARIANCES BY APPROPRIATE BOARDS AND COMMISSIONS. NO CONSTRUCTION ON STEEP SLOPES, NO FLOODPLAIN MODIFICATION. REMOVAL OF INVASIVE SPECIES, ADHERENCE TO BIRD FRIENDLY PRACTICES, ADHERENCE TO DARK SKIES, PRACTICES CONTRIBUTE CONTRIBUTION TO THE PARKLAND DEDICATION FUND, MITIGATION FOR WETLANDS, MIGRATION, AND ADHERENCE TO IMPERVIOUS COVER LIMITS. SO THESE ARE THINGS THAT ENDEAVOR AND OTHER DEVELOPERS HAVE AGREED TO, UH, IN RECENT PUDS THAT DON'T SEEM TO BE PART OF THIS CONTRACT. MY QUESTION IS, IF THESE WERE SATISFACTORY IN OTHER LARGE SCALE DEVELOPMENTS, WHY AREN'T THESE SATISFACTORY IN THIS DEVELOPMENT HERE? NOW I DO HAVE ONE, ONE QUESTION HERE. UH, THIS BACK IN, UH, 2021 ON MAY 27TH, I BELIEVE HOUSE BILL 46 50 WAS PASSED THAT, UH, CREATE A MUD, UH, FOR THE DOGS HEAD AREA, UH, THAT ALLOWED IT TO ISSUE BONDS. UH, MR. SETTLE WAS, HAVE ANY BONDS BEEN LET GO? I MEAN, HAVE YOU GUYS, UH, ISSUED ANY BONDS FOR THIS MUD YET? NO, SIR. THAT, UH, MUD IS, I'LL, I'LL CALL IT SITTING IDLE. IT HAS NOT BEEN ACTIVATED. WE CHOSE NOT TO ACTIVATE IT BECAUSE ONE, ONCE IT'S ACTIVATED, THEN IT WOULD PRECLUDE ANNEXATION BY THE CITY. SO IT'S, IT'S SITTING THERE. IT HAS NOT BEEN ACTIVATED. WELL, THE REASON I ASK IS BECAUSE NOW OBVIOUSLY I'M NOT A LAWYER, BUT YOU KNOW, THE, THE WAY I READ THIS IS THAT, UH, WHEN A CITY ANNEXES A MUD, IT HAS TO ANNEX THE ENTIRE MUD AND THAT ANY BONDS ISSUED BY THE MUD BECOME PART OF THE DECK OF THE CITY. SO THAT'S WHY I ASKED IF YOU GUYS HAD, UH, ISSUED ANY BONDS UNDER THAT. SO, YOU KNOW, LIKE I SAID, THAT'S WHY I ASKED THAT. MY MAIN CONCERN ABOUT ALL THIS IS THE REMOVAL OF THE ENVIRONMENTAL COMMISSION, THE WATERSHED FROM THE REVIEW PROCESS AND THE ASSIGNMENT OF THE DIRECTOR OF DSD TO HAVE ADMINISTRATIVE AUTHORITY TO APPROVE ENVIRONMENTAL METH, UH, VARIANCES WITHOUT PUBLIC REVIEWING CON UH, COMMENT. AND THE ONLY APPEALS, THE COUNCIL AND THE CITY MANAGER. UH, THEN IT WAS MENTIONED BY SOMEONE ELSE. SO THAT, THAT, THAT'S ACTUALLY, THAT'S THE BIGGEST THING I'VE GOT. 'CAUSE YOU'RE BASICALLY REMOVING THE PUBLIC PROCESS, YOU KNOW, THE PUBLIC REVIEW PROCESS OUT OF THIS WHOLE THING. AND I THINK THE CRITICAL PART OF CITY GOVERNMENT IS ALLOWING PUBLIC INPUT TO THE WHOLE THING. UH, THAT'S MY MAJOR BONE OF CONTENTION HERE. [02:20:01] UH, I'M CONCERNED ALSO ABOUT THE NON-DISCLOSURE AGREEMENT THAT'S MENTIONED HERE. UH, AND THE REASON I'M CONCERNED ABOUT THAT IS THAT, UH, THE PROPERTY IS REALLY KIND OF ASIDE FROM THE FACT THAT YOU THREW INTO THE TRASH, THE ZONING CODE. UH, YOU'VE DIVIDED UP THE PROPERTY INTO TWO AREAS. ONE IS MIXED USE, AND THE ONE IS, UH, OPEN SPACE AND MIXED USE LISTS A NUMBER OF USES. AND ONE OF THEM IS LIGHT INDUSTRIAL. NOW, THE CITY OF AUSTIN DOESN'T HAVE A ZONING TYPE THAT'S CALLED DATA CENTER. UH, SO WHEN YOU GO TO BUILD A DATA CENTER, UH, THERE'S NOT REALLY SOMETHING AN APPLICANT CAN GO TO, BUT FREQUENTLY, LIGHT INDUSTRIAL IS USED AS, AS AN OPTION FOR A APPLICANT TO APPLY FOR AND THEN CONSTRUCT A DATA CENTER. SO THIS BECOMES AN ISSUE WHERE, YOU KNOW, YOU CAN HAVE DATA CENTERS BUILT AND YOU HAVE LIGHT INDUSTRIAL THERE. AND LIGHT INDUSTRIAL CAN BE ANYTHING FROM, YOU KNOW, UH, SAY DELL BUILDING COMPUTER TO SOMEONE BUILDING, YOU KNOW, MAKING TORTILLAS. BUT IT'S RATHER VAGUE, BUT IT CAN BE USED TO BE, UH, MANU, YOU KNOW, MAKE DATA CENTERS THERE. AND THAT'S AN INCREASINGLY CONTENTIOUS, UH, ITEM THESE DAYS IN, IN PUBLIC DISCUSSION. AND, UH, WE'VE HAD PEOPLE COME BEFORE THE ENVIRONMENTAL COMMISSION RECENTLY, AND, UH, PLAY A AUDIO OF THE SOUND FROM THEIR APARTMENT COMPLEX. AND IT'S QUITE DISTURBING THE, THE SOUND VOLUME THERE. AND I'M ALSO CONCERNED ABOUT, OF COURSE, ADHERENCE TO THE NOISE, UH, ORDINANCES THAT ARE IN THE CITY IN AS MUCH YOU'VE BEEN ANNEXED THERE. AND WHETHER THOSE ARE GOING TO BE APPLIED, UH, EQUITABLY TO, YOU KNOW, THE PEOPLE IN THAT AREA. IT'S NOT CLEAR FROM READING YOUR CONTRACT, WHICH I HAVE READ SEVERAL TIMES, YOU KNOW, HOW MUCH OF THE CITY CODE IS BEING WAIVED IN ORDER TO ACCOMMODATE THIS DEVELOPMENT. UH, NOW YOU'VE WAIVED THE, YOU KNOW, YOU'RE NOT DOING THE, THE PARKS THING, UH, AS THE, UH, PARKS DEPARTMENT HAS INDICATED, THEY DON'T REALLY THINK VERY FAVORABLY OF THIS. THE OPEN SPACE YOU'VE DEDICATED IS 266 ACRES. BUT YOU MENTIONED IN THE DOCUMENT, UH, THE POSSIBILITY OF BUILDING A, UH, GOLF COURSE. NOW, AN 18 HOLE GOLF COURSE TYPICALLY RUNS BETWEEN 150 AND 200 ACRES. THAT TAKES UP A SUBSTANTIAL PART OF THAT OPEN SPACE. AND YOU HAVE A DOG'S HEAD PROPERTY ASSOCIATION THAT'S GONNA BE MANAGING THIS, UH, THAT, YOU KNOW, TO ME SOUNDS A WHOLE LOT LIKE AN HOA AND THEY'RE GONNA BE IN CHARGE OF THAT TRAIL. AND THAT TRAIL THEN IS GOING TO BE SETTING UP, UH, PUBLIC ACCESS, AND THEY'RE GOING TO CONTROL PUBLIC ACCESS TO THE TRAIL. SO THE TRAIL'S GONNA BE MANAGED BY THE PROPERTY ASSOCIATION. IT'S NOT CLEAR WHO THAT'S GOING TO BE. UH, I LIVE IN AN HOA MYSELF AND I UNDERSTAND HOW THEY WORK, AND IT'S NOT CLEAR FROM THIS, UH, CONTRACT WHO'S GONNA BE, UH, IN CHARGE OF THE HOA, I DON'T KNOW IF IT'S GONNA WORK THE SAME WAY MINE WAS WHEN IT WAS SET UP OR NOT. SO THAT LEAVES, UH, SOME, YOU KNOW, LACK OF CLARITY THERE. UH, YOU KNOW, THERE, THERE'S A LOT OF THINGS IN THERE. YOU KNOW, AS SOMEONE MENTIONED, UH, THERE'S A PHRASE IN THERE, NOT ADOPTED TO THE TERM OR NOT ADOPTED ON THE TERMS ACCEPTABLE TO DOGHEAD AND MAY BE INCORPORATED INTO THE COMPONENT OF THE SERVICE AGREEMENT DOGHEAD MAY PETITION FOR AND IF NECESSARY, ENFORCE DIS ANNEXATION UNDER THE TERMS OF SERVICE OF THE AGREEMENT. ESSENTIALLY. YOU KNOW, THE WAY I READ THIS IS THAT IF THE CITY, UH, AND YOU KNOW, DOGS HEAD DON'T COME IN AGREEMENT UNDER SOME OF THESE, UH, DISCUSSIONS, DOGS HEAD MAY, YOU KNOW, PICK UP THEIR TOYS AND GO HOME. UH, YOU KNOW, AS I SAID, LET'S SEE HERE, UH, THE IMPERVIOUS COVER LIMITS OF A HUNDRED PERCENT, ALL THE PODS THAT I'VE REVIEWED, THE MAXIMUM IMPERVIOUS COVER ON THE FOUR PUDS I REVIEWED WAS 68%, AND THAT WAS THE MAXIMUM. BUT HERE YOU'RE REQUIRING A HUNDRED PERCENT, AND WE DON'T EVEN HAVE A SITE PLAN FOR ANY OF THIS STUFF YET. UH, AND AS SEVERAL PEOPLE HAVE MENTIONED, WE HAVE A HUNDRED, YOU KNOW, ABOUT 25% OF [02:25:01] THIS FALLS IN A HUNDRED YEAR FLOODPLAIN. SOME OF IT IS A 25 YEAR FLOODPLAIN. WE HAVE SETBACKS, UH, ON THIS. WE MENTIONED THE DATA CENTER. UH, SOME OF THE SETBACKS FROM, UH, RESIDENTIAL AREAS ARE 500 FEET, SOME OF 'EM AS LOW AS A HUNDRED FEET. THIS COULD BE AN ISSUE IN, IN MANUFACTURING AREAS. UM, YOU KNOW, THESE TRAILS, THE INITIAL PART OF THE TWO MILES OF THE TRAIL IS GONNA BE DEEDED OR WELL NOT DEEDED, BECAUSE YOU'RE GIVING AN EASEMENT, YOU'RE NOT GIVING THE TRAIL TO ANYONE. THERE'S THE INITIAL EASEMENT WILL BE PROVIDED WITHIN, I BELIEVE, 18 MONTHS. BUT THE REST OF THE TRAIL, WHICH IS ABOUT SIX MILES, SEVEN MILES, CAN BE, UH, GIVEN OVER OR, OR ALLOCATED OR WHATEVER THE CORRECT TERM IS IN 15 YEAR INCREMENTS. SO ACCORDING TO THE CONTRACT, IT COULD BE UP TO 45 YEARS BEFORE THE PUBLIC HAS ACCESS TO THE, TO THE FULL TRAIL. IT MAY BE EARLIER, BUT THE CONTRACT SAYS 45 YEARS. SO THE OPEN SPACE ALSO IS CONVEYED, UH, TO BE OPEN SPACE IN 90 ACRE INCREMENTS, 90 ACRES THE FIRST 15 YEARS, AND 90 ACRES THE NEXT 15 YEARS, AND THE REMAINDER IN THE FOLLOWING 15 YEARS. SO, YOU KNOW, YOU KNOW, THE MORE I READ THIS STUFF, THE SKETCHIER IT GETS AND THE, THEN IT GETS TO THE GOLF COURSE. IS IT A PUBLIC OR PRIVATE GOLF COURSE? IF IT'S UNDER THE HOA, IT'S REASONABLE TO ASSUME THAT IT'S FOR THE MEMBERS OF THE, UH, COMMUNITY IN DOG SET. AND THAT PUBLIC ACCESS COULD BE LIMITED OR THE PRICE OF ADMISSION, THE GREEN SEAS COULD BE SIGNIFICANTLY HIGHER. UH, THE ARTICLE FIVE SAYS THAT, UH, SECTION 1.7 OF THE ENVIRONMENTAL QUALITY MANUAL ADDRESSING FLOODPLAIN MODIFICATIONS, INCLUDING THE CRITICAL WATER QUALITY ZONES, THINGS LIKE SOUND ENGINEERING, ECOLOGICAL PRACTICES, UH, YOU KNOW, ARE NOT REQUIRED TO BE MET. NOW, I SEEM TO, THE WAY I READ IT, THE EXISTING MINING PONDS ARE GONNA BE USED FOR STORM WATER RETENTION PONDS. THERE WAS DISCUSSION BY SEVERAL OF THE PRESENTERS THAT TALKED ABOUT THEM BEING, YOU KNOW, RE YOU KNOW, BEING EMPTIED, WHICH WILL BE INTERESTING BECAUSE I READ A, UH, PAPER FROM THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES THAT INDICATED THAT IN SOME AGGREGATE MINES, AND I SAY SOME BECAUSE I DON'T KNOW ABOUT THIS ONE, THAT, UH, TOXIC HEAVY METALS ARE A BYPRODUCT OF AGGREGATE MINING. BUT THIS IS WHERE THE ENVIRONMENTAL COMMISSION AND THE, UH, WATERSHED DEPARTMENT COME IN. BECAUSE IF YOU DO STUDIES OF THIS, YOU, YOU TEST THE SOIL, YOU TEST THE WATER IN THE PONDS, THEN YOU FIND OUT IF HEAVY METALS ARE PRESENT, AND THEN YOU ADDRESS THIS STUFF AS PART OF, YOU KNOW, THE CONSTRUCTION THING. YOU, YOU KNOW, CAP IT, DO YOU REMOVE IT? I, I DON'T KNOW, YOU KNOW, THIS IS NOT MY AREA OF EXPERTISE, BUT YOU ADDRESS IT IN SOME PARTICULAR MANNER, BY THE WAY, IN CASE YOU DIDN'T KNOW, THERE'S ALLIGATORS LIVING IN THOSE PONDS, AND I DON'T KNOW WHAT YOU'RE GONNA DO ABOUT THOSE. UH, YOU KNOW, THERE'S, YOU, YOU GET AWAY, YOU SAY THERE ARE NO CRITICAL WATER QUALITY ZONES EXCEPT FOR THOSE THAT ARE DEFINED IN A SPECIFIC PARAGRAPH, AND THAT PARAGRAPH NARROWLY DEFINES WHAT A CRITICAL WATER QUALITY ZONE IS. THAT'S KINDA LIKE NOT RIGHT. OKAY. SO THAT'S, YOU KNOW, YOU'VE BASICALLY THROWN THE ENVIRONMENTAL CRITERIA MAN MANUAL INTO A FIRE PIT. AND YOU'RE, YOU'RE, YOU'RE DOING AWAY WITH ALL THAT STUFF. AND I UNDERSTAND YOUR CONCERN ABOUT CUT AND FILL, BUT MY POINT IS, THIS IS A 45 YEAR CONTRACT, AND THERE'S WAYS TO APPROACH THIS. IF SPEED IS OF THE ESSENCE, A CITY CODE CAN BE CHANGED TO ALLOW YOUR PROJECT TO GET FIRST IN LINE BEFORE THE ENVIRONMENTAL COMMISSION OR THE PLANNING COMMISSION OR ANY COMMISSION THAT'S AROUND, THAT BECOMES PART OF YOUR THING. SO IF SOMETHING ELSE COMES UP, WE CAN PUT THEM AT THE BACK OF THE LINE. AND YOU GUYS CAN BE, FIRST. IN THE CASE OF MUELLER, THERE WAS A COMMISSION SET UP THAT SOLELY [02:30:01] DID MUELLER, AND I'VE GOT THE PAPERWORK ON IT SITTING IN A FILE ON MY COMPUTER, AND I SAT ON THAT COMMISSION. AND THE DETAILS OF THE MUELLER COMMISSION WERE JUST INCREDIBLY SPECIFIC ABOUT WHAT TYPE OF, UH, YOU KNOW, AFFORDABLE HOUSING AND EVERYTHING. I MEAN, IT WAS VERY SPECIFIC. AND IF YOU GO OUT THERE NOW, IT'S A VERY NICE AREA. UH, OTHER THINGS HAVE TO DO WITH MINING. UH, YOU KNOW, I, I READ SOME STUFF ABOUT THE SURFACE MINING CONTROL RECLAMATION ACT THAT MAY APPLY TO THIS. THE EPA SAID THAT THOSE, UH, MINE PITS MAY BE, UH, WETLANDS, AND THAT JUST GETS EVEN MORE FUN IF THOSE ARE WETLANDS. BUT THEY ACTUALLY HAVE TO GO OUT THERE AND VISUALLY INSPECT THEM BECAUSE THERE'S CERTAIN SUPREME COURT CASES THAT MAY IMPACT, UH, YOU KNOW, THE, THE DETAILS. SO YOU JUST CAN'T TAKE A, YOU KNOW, A SATELLITE VIEW OF THIS AND SAY IT IS OR IS NOT A, UH, EPA SITE, UH, A WETLAND OR ANYTHING LIKE THAT. UH, LET'S SEE. THERE'S RESIDUAL DUST. A-T-C-E-Q HAS GRANTED AIR QUALITY, UH, PERMITS, BUT THE DUST STILL FALLS ON THE GROUND, AND YOU HAVE TO SOMEHOW ACCOUNT FOR THAT DURING CONSTRUCTION. YOU DON'T KNOW WHAT'S IN THE WATER. IF YOU'RE GOING TO EMPTY THE WATER OUT OF THOSE PITS, UH, YOU CAN, YOU KNOW, THE PITS INCREASE TURBIDITY OF THE GROUNDWATER, WHICH MAY CAUSE, UH, YOU KNOW, ISSUES WITH PEOPLE USING WELL WATER. UH, YOU KNOW, LET'S SEE, THERE'S A ROAD. THE, UH, BACK IN NOVEMBER OF 24, THE ENVIRONMENTAL COMMISSION HAD SOMETHING FROM WATERSHED WHERE THEY WANTED TO INCREASE THE, UH, SETBACK FROM THE RIVER BECAUSE OF INCREASED EROSION. IT SEEMS THAT BECAUSE OF THE, SOMEONE MENTIONED THE AGGREGATES, UH, THAT WERE DEPOSITED THERE. UH, THERE'S A GRAD STUDENT FROM THE UNIVERSITY OF TEXAS THAT DID A VERY GOOD GRAD STUDENT PAPER BACK IN, UH, 92, I BELIEVE, DESCRIBING THE GEOLOGY OF THE LOWER COLORADO RIVER FROM LONGHORN DAM ALL THE WAY DOWN TO THE GULF OF MEXICO, AND TALKED ABOUT ALL OF THIS. BUT THE POINT THAT WATERSHED MADE WAS THERE'S AN INCREASED AMOUNT OF, UH, ALL THIS STUFF GOING ON. SO ANYWAY, THAT'S KIND OF ALL THAT I'VE GOT. UH, THOSE ARE MY CONCERNS. UH, I, YOU KNOW, I DON'T REALLY HAVE ANY QUESTIONS OTHER THAN THAT, SO I WILL LET OTHER PEOPLE MOVE ON WITH ALL OF THIS. SO THANK YOU VERY MUCH FOR YOUR TIME. COMMISSIONER LUKI. THANK YOU. UM, CONGRATULATIONS TO COMMISSIONER BRIMER FOR READING THE CONTRACT THREE TIMES . I'M VERY GLAD THAT HE'S ON THIS COMMISSION BECAUSE HE DOES THAT, AND IT REALLY DOES HELP US UNDERSTAND, AND IT GOES THROUGH A LOT OF TROUBLE. AND WE JUST SAW A GOOD EXAMPLE OF WHY IT'S IMPORTANT FOR HIM TO BE HERE TO POINT THESE THINGS OUT. I ALSO SERVED ON THE MILLER COMMISSION WITH, UH, MR. BRIMER. I'M ON MY 12TH YEAR WITH THE, EVERYBODY CALLS IT THE MUELLER COMMISSION, BUT THERE, EVERYBODY'S WRONG . JUST WANT YOU TO KNOW THAT I JUST FINISHED A 1700 WORD STORY ABOUT THE HISTORY OF THE MILLER FAMILY AND THE MILLER COMMISSION AND THE MILLER DEVELOPMENT. AND I CAN TELL YOU WITHOUT A FACT, WITHOUT A DOUBT, ROBERT MILLER JR. STOOD UP IN THE MIDDLE OF A MEETING OF THE VERY FIRST, VERY LARGE, BIG PUBLIC MEETING ABOUT WHAT WAS GONNA HAPPEN WITH THAT 711 ACRES OF THE AIRPORT. AND HE SAID, UH, THE, THE, UH, THE PERSON WHO WAS RUNNING THE MEETING SAID, UH, WELL, I WANNA TALK ABOUT THE MUELLER DEVELOPMENT AND THE MUELLER THIS. AND ROBERT MILLER JR. STOOD UP AND SAID, WOULD YOU PLEASE STOP MISPRONOUNCING OUR FAMILY'S NAME? SO I WILL TELL YOU RIGHT NOW, IT'S MILLER AND, UH, , WHENEVER I DO THIS, I DO THIS ON PURPOSE. SO YOU'LL FORGIVE ME FOR MAKING THAT POINT. BUT, UM, THE MILLER DEVELOPMENT IS THE THING I WANTED TO POINT TO. AND I'M GLAD COMMISSIONER BRIMER BROUGHT IT UP, BECAUSE 2,600 ACRES IS THREE AND A HALF TIMES THE SIZE OF THE MILLER COMMISSION, UH, OF THE MILLER DEVELOPMENT. AND IN THE MILLER DEVELOPMENT, THERE'S 20% OF IT IS PARKLAND. THAT'S 140 ACRES. JUST DO THE MATH. THAT'S 500 ACRES OF DOG [02:35:01] DOG'S HEAD. OR ACTUALLY IT'S 520. SO IMAGINE 520 ACRES OF PARKLAND JUST IN THAT ONE DEVELOPMENT THERE. THAT'S NOT INSIGNIFICANT. THAT'S WHAT Y'ALL SHOULD BE TALKING ABOUT. THERE ARE 13 MILES OF TRAILS AND HIKES, HIKE, HIKE AND BIKE LANES AT MILLER. DO THE MATH. THAT'S 45 MILES OF HIKE AND BIKE LANES ON 2,600 ACRES. THAT'S NOT INSIGNIFICANT. THAT'S REAL. THAT'S PEOPLE USING THE LAND IN A WAY THAT IS GOOD FOR BOTH THE LAND AND THE PEOPLE. I SHUDDER TO THINK WHAT YOU WOULD BE ALLOWED TO BUILD THERE IF WE ALLOWED THIS CONTRACT TO GO FORWARD. THE REASON THAT THE MILLER DEVELOPMENT IS THE AWARD-WINNING DEVELOPMENT THAT IT IS, THAT WAS THE VERY FIRST LEAD COMMUNITY EVER BUILT. AND EVERYBODY, IF YOU KNOW WHAT LEAD MEANS, THAT MEANS IT'S THE BEST IN USING ENERGY. IT'S THE MOST SUSTAINABLE. THE, UH, REASON THAT THE MILLER DEVELOPMENT BECAME WHAT IT IS, IS BECAUSE OF NEIGHBORHOOD INVOLVEMENT IN THE ENTIRE PROJECT FROM THE BEGINNING, THERE'S A GROUP CALLED CARE THAT WAS INVENTED IN 1984. BY THE WAY, I LIVE IN THE EAST SIDE MYSELF MORE THAN THREE DECADES IN, UH, WINDSOR PARK NEIGHBORHOOD, WHICH IS THE NORTHERN BORDER OF THE AIRPORT, OR THE MILLER DEVELOPMENT. I'M A PAST PRESIDENT OF THE WINS PARK NEIGHBORHOOD ASSOCIATION. I HAVE TO SAY, I'M PRETTY OFFENDED THAT Y'ALL DIDN'T REACH OUT TO ANY OF THE NEIGHBORHOOD ASSOCIATIONS AROUND YOU UNTIL WHEN WAS IT THEY, THEY DIDN'T, YOU DIDN'T REACH OUT. YOU DID NOT REACH OUT. THERE'S ONLY ONE WORD FOR THAT GENTLEMAN, COWARDS FOR NOT DOING THAT. AS A FORMER PRESIDENT WHO HAD TO FACE THIS EXACT SAME KIND OF THING IN THE MIDDLE OF MY NEIGHBORHOOD, THE SAME ACTIONS WERE TAKEN BY THE DEVELOPERS WHO WERE VERY WELL FUNDED. THEY WERE COWARDS. THEY WOULDN'T COME TO US TO TALK ABOUT IT. WE HAD TO FIND OUT OURSELVES AND GO FIGHT IT OURSELVES AND GET SOMETHING OUT OF THESE DEVELOPMENTS THAT THEY WANNA MAKE ALL THIS MONEY OFF OF. AND I CAN TELL YOU WHAT WE FIGHT REALLY HARD, AND WHAT I'M SEEING FROM THESE PEOPLE OVER HERE IS, YOU'RE GONNA HAVE THE SAME BATTLE. I RECOMMEND YOU CHANGE THE WAY YOU'RE DOING THIS. BECAUSE RIGHT NOW, 266 ACRES OF PARKLAND IS A JOKE. LITERALLY A JOKE. YOU'D HAVE TO DOUBLE THAT JUST TO GET CLOSE. AND SOMETHING ELSE THAT'S NOT BEEN SAID. THE MILLER DEVELOPMENT SECRETLY ALMOST HAS 25% OF ITS HOUSING AFFORDABLE, 25%. IT'S THE HIGHEST AMOUNT OF HOUSING OF ANY DEVELOPMENT IN AMERICA THAT'S AFFORDABLE. AND THE REASON FOR THAT IS BECAUSE THE NEIGHBORHOODS DEMANDED IT. IN THE BEGINNING, BACK IN THE EIGHTIES, THE VERY FIRST THING THEY DID, AND I WASN'T THERE FOR THIS ONE, THE VERY FIRST THING THEY DID WAS THEY SAID, WHAT ARE WE GONNA DO WITH THIS 711 ACRES? WE DON'T WANT IT TO JUST BE WILLY-NILLY DEVELOPED. SO THEY CAME UP WITH A PLAN, PUT THE TALL BUILDINGS AND THE OFFICE SPACE AND THE APARTMENT COMPLEXES IN THE MIDDLE, AND THEN DEVELOP AROUND IT, LOWER HOUSING, UM, RETAIL. AND THEY CALLED IT THE WEDDING CAKE DESIGN. THAT'S WHAT WE HAVE RIGHT NOW IN MILLER. YOU GO LOOK AT IT, STUFF'S IN THE MIDDLE. DEVELOPMENTS ALL AROUND IT. IN FACT, THE AERIAL PHOTOGRAPH OF MILLER RIGHT NOW TODAY PRETTY MUCH MATCHES THE ORIGINAL WEDDING CAKE DESIGN IDEA. I DON'T KNOW HOW MANY MEETINGS THERE WERE TO GET TO THIS POINT WHERE THE MILLER DEVELOPMENT BECAME THE AWARD-WINNING PLACE THAT IT IS, BUT I'M PRETTY SURE IT'S ABOUT 5,000 BECAUSE IT STARTED IN 84. THEY DIDN'T START MAKING THE, THE DEVELOPMENT AGREEMENT UNTIL 2004. AND THERE WAS ALL THESE YEARS PRIOR TO THAT OF EVERYBODY LOOKING AT IT FROM ALL DIFFERENT ANGLES. AND I'LL READ, I'VE PULLED UP MY STORY RIGHT HERE, 'CAUSE IT'S IN MY COMPUTER. THE 17 BORDERING NEIGHBORHOODS CREATED COMMUNITY GOALS TO GUIDE THE REDEVELOPMENT. AND THEY ARE FISCAL RESPONSIBILITY, ECONOMIC DEVELOPMENT, EAST AUSTIN [02:40:01] REVITALIZATION, COMPATIBILITY WITH SURROUNDING NEIGHBORHOODS, DIVERSITY, AFFORDABILITY, AND SUSTAINABILITY. I DON'T HEAR OF ANY OF THOSE THINGS IN THIS PLAN RIGHT NOW. NOT A SINGLE ONE. IT'S AS COMMISSIONER CHANG CHANG SAID, IT'S DISAPPOINTING . EXTREMELY DISAPPOINTING TO SEE THIS. I AM GOING TO MAKE IT MY BUSINESS TO MAKE SURE THAT MY CITY COUNCIL REPRESENTATIVE GETS THIS WHOLE EARFUL THAT I'M GIVING Y'ALL. THANK YOU. IF YOU WANT TO TURN THIS AROUND, GENTLEMEN, I RECOMMEND YOU GET BRAVE AND DO THIS THE RIGHT WAY. I WILL QUOTE SPIKE LEE, DO THE RIGHT THING. SO MY QUESTION IS TO STAFF, UM, WHAT'S THE NORMAL IMPERVIOUS COVER ALLOWED IN DEVELOPMENTS? YEAH, THANK YOU FOR THE QUESTION. IT DEPENDS ON USE. UM, SO THERE'S ZONING, IMPERVIOUS COVER LIMITS, AND WATERSHED, IMPERVIOUS COVER LIMITS. IN A SUBURBAN WATERSHED LIKE THIS, IN THE CITY LIMITS, UH, THE MAXIMUM WOULD BE 80% FOR COMMERCIAL AND IT WOULD GO LOWER FOR, UH, MULTIFAMILY AND LOWER THAN THAT FOR A SINGLE FAMILY. YEAH, GEN GENERALLY MULTIFAMILY IS 65%, SINGLE FAMILY IS 45%. UM, I'M ALSO CURIOUS ABOUT WHAT OCCURS IN CONSTRUCTION. I KNOW BUILDING STREETS AND, AND, UH, ROADS AND DRAINAGE AND ALL THAT HAS ITS OWN EFFECT UPON THE, UH, SURROUNDING ENVIRONMENT. AND THE, THE ENVIRONMENT THAT SURROUNDS THIS WHOLE THING IS THE RIVER, AS I'VE JUST REALIZED NOW. AND THE RIVER IS THE ENVIRONMENT THAT BRINGS LIFE, PERIOD. SO, MAN, Y'ALL GOTTA BE CAREFUL WITH THIS. YOU KNOW, YOU REALLY DO. OTHERWISE, WHY ARE WE DOING ANYTHING IN THE WORLD? I READ NATIONAL GEOGRAPHIC COVER, COVER. I CAN TELL YOU MANMADE STUFF, GENERALLY SPEAKING, RUINS THINGS. LOOK AT THE, OUR OVERALL SEA IN UZBEKISTAN FOR AN ANSWER TO THAT. SO ARE Y'ALL EVEN THINKING ABOUT AFFORDABLE HOUSING? YEAH, PLEASE THANK COMMISSIONER LUKI. I'M, UH, BEFORE YOU ANSWER THAT, AND I HOPE YOU DO, BUT I JUST WANNA ALSO MAKE SURE, YOU KNOW, UM, THAT WE ARE STAYING ON ENVIRONMENTAL TODAY. YES. I CAN ANSWER IT REALLY QUICK. IN THE CONTRACT, IT TALKS ABOUT 20% OF THE UNITS BEING AFFORDABLE. OKAY. VERY GOOD. THANK YOU. UM, SO I WANNA JUST RE REVISIT ONE OTHER THING. THE WAY YOU DESCRIBED THE SIZE OF THIS THING, THE RIVER TO THE UNIVERSITY OF TEXAS, TO MOPAC, TO I 35, TO MOPAC, THAT IS AN ENORMOUS PIECE OF LAND. THAT'S AN ENORMOUS RESPONSIBILITY. IMAGINE HOW MANY HOUSES THAT IS. HOW MANY PEOPLE IS THAT? IT'S A, IT'S A GIANT NUMBER. IT'S, IT'S ALMOST TOO BIG TO WRAP YOUR ARMS AROUND HOW BIG IT IS. WE NEED TO SPEND AN ENORMOUS AMOUNT OF TIME MAKING SURE THAT IT GETS DONE RIGHT. AND I HOPE YOU GUYS WILL TRY. THANK YOU. COMMISSIONER SULLIVAN. OH, I'VE JUST BEEN MAKING NOTES ABOUT WHAT THE WORK GROUP SHOULD BE LOOKING AT, AND THAT'S IMPERVIOUS COVER, ADDING WATER QUALITY MONITORING, DOING A HERITAGE TREE SURVEY. UM, EXTENDED SETBACK FROM THE COLORADO RIVER, MOVED THE TRAIL UP TO COMPLETION IN FIVE YEARS. UM, AND SOME OTHER DETAILS. BUT THE POINT IS, I'M THINKING ABOUT THE WORK GROUP AND I HOPE WE CAN MOVE ON TO THAT SOON. COMMISSIONER FIERRO? YES. UH, SO THANK YOU TO EVERYONE WHO CAME TONIGHT. UM, I WISH WE HAD MORE ENGAGEMENT, PUBLIC ENGAGEMENT IN EVERY OTHER MEETING. 'CAUSE LIKE SOMETIMES IT'S JUST US AND THERE ARE SO MANY IMPORTANT DECISIONS THAT ARE TAKEN IN BOARDS AND COMMISSION. SO, UH, ENCOURAGE YOUR FRIENDS TO COME NEXT TIME, TOO. UM, SO FIRST I'M GONNA START WITH LIKE, I AM, I'M ORIGINALLY FROM MEXICO CITY, AND WE HAVE A SAY IN SPANISH THAT SAYS ADEME, WHICH [02:45:01] IF I TRANSLATE IT TO ENGLISH, HE WHO HAS NOTHING TO HIDE, HAS NOTHING TO FEAR. WOO. WHICH IS CLEAR TO ME HERE THAT THERE'S A LOT THAT WE ARE EMBARRASSED TO TELL THE PUBLIC ABOUT. UH, JUST FROM THE DEVELOPER PERSPECTIVE, ALSO DISAPPOINTINGLY FROM COUNCIL AND OTHER CITY LEADERS. UM, I THINK ESPECIALLY AS AN ENVIRONMENTAL COMMISSIONER, IT FEELS LIKE OFFENSIVE. THE FACT THAT WE'RE HERE SITTING, GIVING OUR TIME, OR LIKE USING OUR, LIKE, YEAH, WE JUST, WE'RE JUST VOLUNTEERING. AND SOMETIMES WE'RE HERE UNTIL LIKE SUPER LATE. AND THEN OTHERS COME AROUND AND SAY LIKE, ACTUALLY, WE'RE JUST GONNA MAKE SURE YOU DON'T TALK ABOUT THIS. AND THAT'S NOT OKAY Y'ALL. THAT IS NOT OKAY FOR US. THAT'S NOT OKAY FOR CITY STAFF. THAT'S NOT CASE FOR THE PEOPLE LIVING AROUND THE AREA. AND THAT SHOULD NOT BE THE CASE. UM, ASIDE FROM THAT, IT'S JUST LIKE, HOW CAN, HOW CAN ANYONE SAY, OH, I LOVE THE IDEA THAT WE'RE GONNA HAVE THIS WHEN WE DON'T EVEN KNOW WHAT IT IS. , LIKE, WHO IN EVERY ASPECT OF YOUR LIFE, WHO JUST COMES AND TELLS YOU LIKE, OH, BY THE WAY, IT'S GONNA BE GREAT. AND IT'S LIKE, I DON'T EVEN KNOW YOUR NAME. WHAT'S GONNA BE GREAT PICTURE? DOES THAT. SO I FEEL LIKE ASIDE, JUST LIKE, THERE ARE JUST SO MANY THINGS ABOUT THIS THAT JUST HONESTLY MAKES THE ENTIRE LIKE, ENVIRONMENT, LIKE UNCOMFORTABLE AND WRONG IN SO MANY ASPECTS. UM, AND IT SHOULDN'T BE THE CASE IN A CITY THAT LABELS ITSELF AS PROGRESSIVE AS WE ARE CLIMATE CHAMPIONS, WE ARE ALL OF THESE THINGS. UM, BUT WITH THAT, I HAVE SOME QUESTIONS FROM, FOR STAFF. UH, YOU ALL ARE THE EXPERTS AND FOR A REASON. YOU'RE EMPLOYED BY THE CITY OF AUSTIN. UH, WHAT ARE SOME OF LIKE THE MAIN CONCERNS THAT YOU WOULD RISE WHEN SOMEONE SAYS LIKE, I WANNA BUILD SOMETHING ALONG THE COLORADO RIVER. I CAN START, UH, JORGE MORALE MORALES, THE DIRECTOR FOR THE WATERSHED PROTECTION DEPARTMENT. AND SO I JUST WANNA REMIND EVERYBODY, UH, IT WAS TALKED ABOUT EARLIER, BUT, UH, THIS WAS IN THE COUNTY. IT WAS RECENTLY ANNEXED. AND SO THE CITY OF AUSTIN WAS NOT, OUR REGULATIONS WEREN'T APPLICABLE, RIGHT? AND SO THIS IS WHAT THE NEGOTIATION THAT WAS MADE, WHICH IS THE DEVELOPMENT AGREEMENT THAT WAS BEING DISCUSSED TODAY. AND THERE'S MORE STEPS TO COME, AND DEFINITELY WE CAN GET INTO THAT IF YOU WANT TO. BUT AS NOTED EARLIER, BY MANY OF THE SPEAKERS AND, AND THE DEVELOPER, UH, THIS IS A VERY EROSIVE SOILS EROSION. AND SO THERE IS SOME BUFFER PROTECTIONS THAT WERE INCORPORATED INTO THAT, THAT MEET THE CITY STANDARD. UH, SO THAT IS OBVIOUSLY A CONCERN. UH, IT IS AN AREA THAT'S BEEN MINED FOR 70 YEARS THAT'S BEEN DISCUSSED AS WELL. SO THE RECLAMATION OF THAT, IT IS GOVERNED BY THE COLORADO RIVER OF FLOODPLAINS BECAUSE THAT'S WHERE IT DRAINS. UM, THE CONNECTION POINTS IS CARSON CREEK, AS WAS MENTIONED BY SOME FOLKS. AND IT'S THAT PART OF THE CONNECTION ALREADY HAS FLOODPLAIN ISSUES THAT ARE BEING DISCUSSED AS PART OF THE ROADWAYS AND IMPROVEMENTS THAT NEED TO BE DONE. SO THERE'S EXISTING ISSUES THAT WERE THERE CURRENTLY THAT NEED TO BE ADDRESSED AT SOME POINT, RIGHT? AND SO, SO THOSE ARE JUST GENERALLY HIGH, HIGH LEVELS. SOME OTHER CONCERNS, OBVIOUSLY, ANYTHING THAT GETS DEVELOPED, YOU KNOW, NEEDS TO MEET THE REGULATION. AND IT'S LOCKING IN TODAY'S REGULATIONS WITH THE EXCEPTIONS AS NOTED IN ARTICLE FIVE OF THE AGREEMENT AS WELL. THANK YOU. AND I FEEL, MY OTHER QUESTION IS FOR THE DEVELOPERS, DID YOU HAVE ANY IDEA OF ALL OF THIS PIECES THAT LIVE IN THE AREA? DO YOU EVEN HAVE AN IDEA HOW MANY TREES ARE THERE? OR YOU'RE JUST LIKE, OH, MONEY PERFECT . SO THE, THE WELL WAY WE'VE LOOKED AT THIS PROJECT, THIS HAS BEEN MINE FOR DECADES. WE LOOK AT THIS AS A RESTORATION. IT'S DIFFERENT THAN I THINK HOW, UM, THERE PEOPLE HAVE STRONG OPINIONS ABOUT THIS. WE WERE INTERESTED IN THIS FROM A RESTORATION PERSPECTIVE. WE WERE INTERESTED BECAUSE IT'S BEEN MINED FOR DECADES. WHEN YOU TALK ABOUT HABITAT, THERE'S STILL HABITAT THERE. AND IT HAS BEEN, THERE'S BEEN, THERE'S BEEN 40 FEET DUG OUT OF THIS IN LOTS OF DIFFERENT AREAS. THE OPPORTUNITY TO, TO RESTORE IT AND ENHANCE THE HABITAT IS AN OPPORTUNITY. UM, THAT'S HOW WE'VE LOOKED AT THAT, WHERE THERE'S BEEN LOTS OF CONVERSATION ABOUT YOU'RE DOING A HUNDRED PERCENT IMPERVIOUS COVERAGE IN A FLOODPLAIN, UM, FLOODPLAIN, A LOT OF THE FLOODPLAIN HAS BEEN RECLAIMED. UM, WE'RE NOT, THE PROJECT IS NOT HAVING ADVERSE IMPACT ON ANY OTHER PROPERTY OWNERS. UM, THERE'S, THERE'S MORE INFORMATION THAT I THINK NEED, PEOPLE NEED TO UNDERSTAND [02:50:01] IT. AND I, AND I UNDER AND I, I GET THAT, UM, YOU KNOW, YOU, YOU KNOW, MARTIN, YOU SAID THAT MAN MADE STUFF, MANMADE STUFF, RUINS THINGS. THIS IS MANMADE MINING THAT WE'RE TRYING TO FIX. BUT I THINK WE, I THINK WE CAN DO A GOOD JOB OF BRINGING IT BACK. I AGREE WITH THAT COMMENT, BUT THERE, THERE, THERE EFFORTS AND THOUGHTS ABOUT THIS THAT I THINK ARE VERY DIFFERENT THAN ARE BEING PORTRAYED. UM, WE WE'RE NOT PURSUING THINGS JUST TO MAKE MONEY. WE LIVE IN AUSTIN, WE'VE BEEN HERE A LONG TIME. WE WANT TO LEAVE AUSTIN BETTER THAN WHERE WE CAME. THERE'S OBVIOUSLY DIFFERENT INTERPRETATIONS OF WHAT BETTER MEANS. AND THE GOAL IS TO MAKE THIS AN INCLUSIVE PROJECT FOR EVERYONE. UM, IT IS, IT IS. THAT'S THE, THAT'S THE GOAL. SO, YOU KNOW, THE, I'M HAPPY TO GO THROUGH SOME OF THE STUFF IF Y'ALL, IF Y'ALL WANT ME TO. OKAY. UM, YOU KNOW, THE TREES, TREES HAVE BEEN WIPED OUT OF THIS PROPERTY. IT'S BEEN MINED. THE TREES ALONG THE RIVER ARE BEAUTIFUL. THEY'RE SPECTACULAR. THEY'RE GOING TO BE THERE GOING. THAT, THAT IS AN INCREDIBLY IMPORTANT PART OF THIS. PLANTING TREES IS HUGELY IMPORTANT THROUGHOUT THIS SITE. UH, PROTECTION OF THE SHORELINE AND EROSION PROTECTION. THE RIVER IS BEAUTIFUL HERE. WE WANT IT TO EVEN BE BETTER. UH, YOU KNOW, THE COMMENTS OF, YOU KNOW, THE, THERE ARE LOTS OF REASONS WHY SOME OF THESE ITEMS IN THE DEVELOPMENT AGREEMENT ARE IN THERE AND SOUND ONEROUS. THE, THIS, THIS A HUNDRED PERCENT IMPERVIOUS COVER THAT KEEPS, THAT KEEPS GETTING BROUGHT UP. UM, THAT IS, THAT IS A, THAT IS A RIDICULOUS NUMBER WHEN YOU HEAR IT. IT JUST IS. THERE'S NO DEFENDING THAT. THERE'S NO DEFENDING THAT NUMBER. I'M GONNA ASK THAT EVERYBODY GIVE THE SAME RESPECT THAT THEY GAVE TO YOU WHEN Y'ALL WERE SPEAKING. OKAY, THANK YOU. UM, WE'VE, WE'VE GOT A MINIMUM OF 260, A MINIMUM OF 266 ACRES OF PUBLIC OPEN SPACE PLUS, UM, 16 ACRES OF A SIX AND A HALF MILE TRAIL EASEMENT THROUGHOUT. UM, THE, THE REASON THAT THIS IS A TRAIL EASEMENT IS THAT BECAUSE IT'S GOING TO MOVE, IT'S AN ACTIVE RECLAMATION SITE AND IT'S GOING TO BE AN ACTIVE RECLAMATION SITE FOR DECADES. WE'RE TRYING TO DEVELOP A SITE THAT, THAT FRANKLY HAS, UH, YOU KNOW, YOU CAN ONLY RESTORE IT AND RECLAIM IT TO THE LEVEL THAT YOU CAN ACTUALLY BRING DIRT IN TO REPAIR IT AND REPLACE IT. AND THAT DIRT IS COMING IN FROM DIFFERENT CONSTRUCTION PROJECTS THROUGHOUT, THROUGHOUT THE CITY. SO IT'S A FUNCTION OF HOW MUCH WE'RE GETTING IN TO DO. AND SO IT'S GOING TO BE A PHASED DEVELOPMENT. UH, THE TRAIL EASEMENT IS GOING TO MOVE AROUND. IT'LL BE CLOSED OFF WHEN THERE'S AREAS OF, OF, OF RECLAMATION THAT NEEDS TO BE DONE. AND IT WILL BE REROUTED INTO DIFFERENT PLACES. UH, THE, THE GOLF COURSE THAT'S MENTIONED, IT'S A VISION PLAN. WE DON'T HAVE A GOLF COURSE RIGHT NOW. WE HAVE NO NO PLANNED GOLF COURSE ON THIS SITE. IT'S A VISION PLAN. ON A VISION PLAN. YOU TRY TO LAY OUT ALL THE DIFFERENT USES THAT YOU, THAT YOU ENVISION. UM, BUT WE DON'T HAVE ONE THAT'S PLANNED, BUT IT'S ON THERE BECAUSE IT MAKES SENSE FOR A PROJECT OF THIS SIZE TO BE THERE. UM, THE, THE LAND VALUE, BECAUSE OF THE, BECAUSE OF THE IMPACT WITH ALL THE FLOODPLAIN AND BECAUSE THE FACT THAT IT NEEDS TO BE RECLAIMED HAS GOT SUCH A LOW VALUE. THERE'S NO PUBLIC INFRASTRUCTURE IN HERE. UM, THERE'S NO TAX GIVEAWAYS ON THIS. THE WAY, THE WAY THE TURS WORKS IS A, IS A TOOL TO FUND PUBLIC INFRASTRUCTURE AS YOU TAKE THE INCREMENTAL PROPERTY TAXES. BECAUSE THERE'S, THERE'S NO WAY TO CREATE VALUE ON THIS SITE UNLESS YOU CAN REDEVELOP IT INTO SOMETHING. AND SO YOU USE THE INCREMENT OF TAXES AND YOU INVEST WHAT CITIES GENERALLY DO, WHICH IS TO BUILD PUBLIC INFRASTRUCTURE. IT IS PUBLIC INFRASTRUCTURE. IT'S GOING TO BE ROADS THAT ARE GONNA BE DEDICATED TO THE CITY. IT'S GOING TO BE WATER AND WASTEWATER. IT'S GOING TO BE DRAINAGE. SO, UM, THERE, THERE ARE LOTS OF REASONS FOR, FOR SOME OF THESE CLAUSES THAT, THAT YOU SEE IN THE, IN THE DEVELOPMENT AGREEMENT. SO, UM, THIS IS ABOUT A OPTIONALITY AND FLEXIBILITY TO TRY TO GET THIS THING RIGHT. AND I KNOW IT SOUNDS LIKE TO SOME PEOPLE, THIS IS A DEVELOPER GIVEAWAY. UM, THIS [02:55:01] IS A VERY COMPLICATED PROJECT TO TRY TO EXECUTE, ESPECIALLY WHEN RECLAMATION IS ACTIVELY HAPPENING. SO I JUST, I JUST WANTED TO SAY SOME OF THOSE THINGS AND, AND, UM, UM, THAT SAID, YEAH, I FEEL LIKE LAST TIME I CHECKED, YOU CANNOT RESTORE LAND WOOD CONCRETE. THAT'S JUST NOT HOW IT WORKS. I FEEL LIKE YOU DON'T NEED A FANCY DEGREE TO KNOW THAT. UM, AND FROM, I FEEL LIKE WE HAD SEVERAL SPEAKERS SHOW VIDEOS OF THE AREA AT WHERE THERE'S TONS OF VEGETATION. UH, AND I KNOW THAT, I SAW THAT, I KNOW EVERYONE ELSE HERE SAW THAT I KNOW IN PUBLIC RECORD IS THAT WE HAVE THE VEGETATION. IT'S NOT JUST DEAD LAND. AND I FEEL THAT'S A VERY LIKE WESTERN COLONIALISM THINKING THAT JUST BECAUSE YOU DON'T SEE A PLANT THAT YOU LIKE MEANS THAT THE, THE LAND IS DEAD. UM, I FEEL LIKE THERE'S STILL SO MANY THINGS THAT THIS DEVELOPMENT'S NOT GONNA BENEFIT REALLY ANYONE. IT'S NOT GONNA MAKE AUSTIN. I FEEL THERE'S THIS VERY WRONGFUL IDEA OF LIKE, OH, WE'RE TRYING TO BE THE HOT NEW CITY, AND ALL THESE DEVELOPMENTS ARE GONNA MAKE US WORLD CLASS. WELL, AS SOMEONE WHO COMES TO ONE OF THE BIGGEST CITIES IN THE WORLD, THAT'S NOT THE CASE. THAT IS SO FAR FROM THE CASE AND JUST FLOODING AND CAUSING MORE, UH, EXACERBATING THE CLIMATE DISASTERS IS NOT GONNA DO THAT FOR ANYONE. AND IT'S GONNA GET TO A POINT THAT IT IS NOT GONNA MATTER HOW MUCH MONEY YOU HAVE, YOU'RE GONNA GO WITH A PLANET JUST LIKE EVERYONE ELSE. AND THAT'S ALL I HAVE TO SAY. VICE CHAIR BRISTOL. WOO. SO FIRST OFF, UM, I WANNA SAY THANKS, UM, TO EVERYBODY WHO SHUT UP TODAY, YOU KNOW, UM, AND, AND LET YOUR VOICES BE HEARD, UM, AND, AND COMMUNICATING WITH THIS COMMISSION AS WELL AS THE CITY OF AUSTIN. UM, YOU KNOW, THIS IS ON PUBLIC RECORD AND I DO HOPE THAT YOU'LL REACH OUT TO YOUR COUNCIL PEOPLE AND LET THEM KNOW, UM, YOU KNOW, THAT, THAT THIS, UH, TOOK PLACE TODAY. UM, I ALSO WANNA SAY THANKS, UM, TO, UM, UH, MR. SUBTLE AND TO ENDEAVOR FOR SHOWING UP TODAY AND, AND GIVING US A PRESENTATION AND, AND PROVIDING A SPACE FOR US TO HAVE SOME PUBLIC DIALOGUE ON THIS, UM, AS THIS PROCESS BEGINS. UM, SO, UH, I JUST, YOU KNOW, WANNA WANNA SAY THANKS FOR BEING HERE. I ALSO KNOW, WE ALSO KNOW THE ROOM TEMPERATURE IS VERY WARM AND THAT IS BEING ADDRESSED. SO JUST, UH, FYI ON THAT , IT'S NOT JUST YOU. UM, ALRIGHT, SO, UH, I I, THERE'S BEEN SO MUCH, UM, TO BE TALKED ABOUT TODAY, BUT I DO WANNA TALK ABOUT ONE THING IN PARTICULAR. UM, AND THAT'S BIRDS. AND I KNOW THAT YOU'LL FIND THAT FUNNY. YOU'RE LIKE, OH, JEN, TALKING ABOUT BIRDS. INTERESTING. SO, UM, AND THIS IS SOMETHING THAT I REALLY WANT, UH, ENDEAVOR, UH, FOR YOU TO HEAR. SO I'M GONNA READ A COUPLE STATEMENTS, UH, HERE. AND THIS COMES FROM, UM, THE, UM, STATE OF THE BIRDS 2025 REPORT THAT IS DONE BY CORNELL UNIVERSITY, UM, AUDUBON, AS WELL AS MULTIPLE OTHER, UM, BIRD AGENCIES. NEARLY 100 MILLION AMERICANS ARE BIRD WATCHERS, MORE THAN A THIRD OF THE US ADULT POPULATION. NO OTHER OUTDOOR RECREATION ACTIVITY BRINGS TOGETHER SO MANY PEOPLE FROM MULTIPLE REGIONS AND DEMOGRAPHICS. THE BENEFITS OF BIRDING GO BEYOND RECREATION TO SUPPORT LOCAL ECONOMIES AND UNITING AMERICANS ACROSS THE OUTDOOR SPECTRUM. 108 BILLION TOTAL ANNUAL AMOUNT SPENT ON BIRDING TRIPS. AND I'M GONNA TALK ABOUT THAT IN A SECOND. UM, AND AGAIN, THIS IS ANNUALLY 1.4 MILLION JOBS TOTAL RELATED TO BIRDING TRIPS AND EQUIPMENT EXPENDITURES GENERATING MORE THAN 90 BILLION IN LABOR INCOME, 38 BILLION TOTAL TAX REVENUE GENERATED BY BIRDING ACTIVITIES WITH APPROXIMATELY 7 BILLION TO COUNTY TAXES, 9 BILLION TO STATE TAXES, AND 22 BILLION AND FEDERAL TAXES FOR THE TOTAL ECONOMIC OUTPUT GENERATED BY BIRDING EXPENDITURES. IT IS A STAGGERING $279 BILLION. NO OTHER OUTDOOR RECREATION. NOT EVEN GOLF COMES ANYWHERE CLOSE TO THAT IN TEXAS ALONE. THAT BRINGS IN $24 BILLION INTO THE ECONOMY. FISHING IN TEXAS BRINGS IN 14 BILLION. YOU HAVE A LOT OF OPPORTUNITY THERE WITH FISHING AS WELL. GOLF ALSO BRINGS IN 14 BILLION. SO I SAY THAT BECAUSE [03:00:02] YOU WERE LOCATED IN ONE OF THE PRIME BIRDING HABITATS IN TRAVIS COUNTY AND REALLY WITHIN OUR ENTIRE ECOSYSTEM AND REGION. AT HORNSBY BEND, WHICH IS RIGHT ACROSS THE RIVER, WHICH I GO TO A LOT, UH, THERE ARE OVER 363 SPECIES THAT HAVE BEEN RECORDED AT THAT LOCATION. ALSO IN THE REPORT, AND I HAVE ONE OF THESE COPIES FOR YOU, IT TALKS ABOUT TIPPING POINT SPECIES, AND THEY RANK THINGS FROM RED ALERT, ORANGE ALERT TO YELLOW ALERT. THEY DON'T MINCE WORDS WHEN THEY TALK ABOUT HOW IMPORTANT AND HOW IMP IMPERIL THESE BIRDS ARE IN OUR COMMUNITIES. IN THE RED ALERT TIPPING POINT SPECIES, THERE ARE 42 SPECIES IN NORTH AMERICA. THREE OF THOSE EXIST HERE IN TRAVIS COUNTY, INCLUDING THE GOLDEN CHIEF WARBLER, THE WILSON'S PLOVER, AND IN THE MIGRATORY, UM, PATH, THE HUDSON AND GODWIT. AND IF THE HUDSON AND GODWIT SHOWS UP, PEOPLE SHOW UP. RIGHT? UM, AND THE ORANGE ALERT, THERE ARE 37 SPECIES LISTED. 11 OF THOSE EITHER LIVE IN OR MIGRATE THROUGH, OR ESPECIALLY WINTER IN THE HABITAT SURROUNDING DOG'S HEAD. THE YELLOW ALERT TIPPING, UH, SPECIES, TIPPING POINT SPECIES. THERE ARE 33 AND FOUR OF THOSE ALSO EXIST RIGHT IN THAT AREA, INCLUDING THE BEAUTIFUL NORTHERN PINTAIL, WHICH IS ONE OF MY FAVORITE DUCKS. I POINT THAT OUT BECAUSE WE'RE TALKING ABOUT OPPORTUNITY HERE. WE'RE TALKING ABOUT OPPORTUNITY TO POSITION THIS PROJECT. YOU KEEP SAYING IT'S A RESTORATION PROJECT AND YOU WANT IT TO BE WORLD CLASS AND ALL OF THESE THINGS. YOU HAVE AN OPPORTUNITY TO INVITE A WELL-FUNDED, WELL-INVESTED COMMUNITY TO THIS PROPERTY AND MAKE IT SOMETHING THAT IS SENSATIONAL FOR THE BIRDING COMMUNITY THAT THEY WANNA COME TO. THE OTHER THING ABOUT NATURE TOURISM, IF THERE ARE MULTIPLE THINGS FOR THEM TO COME AND DO, THEY WILL SPEND MORE TIME AND MORE MONEY IN THE AREA. NOW I WANNA TALK ABOUT THAT IN PARTICULAR, ABOUT THIS TOTAL AMOUNT SPENT ON BIRDING TRIPS. I ALSO, ON ONE OF MY SIDE HUSTLES, OF WHICH I HAVE MANY, UM, I TAKE PEOPLE OUT PROFESSIONALLY TO TAKE THEM. BIRD WATCHING. I TOOK OUT THIS ONE COUPLE IN PARTICULAR. UM, AND, AND I, UM, I, I MADE A POINT TO SAY HERE, I WAS ALMOST GONNA SAY, YOU KNOW, BIRD WATCHERS ARE NOT NECESSARILY BILLIONAIRES. HOWEVER, THEN I REMEMBER THIS ONE COUPLE, 'CAUSE THEY ARE, AND I'VE TAKEN OUT THREE COUPLES NOW THAT ARE IN THAT CATEGORY. THEY CAME FROM LONDON. THEY, AT FIRST WANTED TO SPEND THREE DAYS BIRDING, UH, IN CENTRAL TEXAS. ONLY THEY GOT A HOTEL ROOM IN THE DOMAIN, ONE OF YOUR OTHER PROJECTS. AND I GOT A CALL, I, I PICKED THEM UP IN THE MORNING AND THEY SAID, WHAT IS THIS PLACE? AND I SAID, WHAT DO YOU MEAN? AND SHE SAYS, I DON'T GET THIS PLACE. IT'S, THERE'S NO PARKS, THERE'S NO GREEN SPACE, THERE'S, IT'S JUST SHOPPING. IT'S JUST CONSUMERISM RUN AMUCK. AND I, YOU KNOW, DIDN'T DEFEND IT. I, IT'S NOT MY PROJECT. I SAID, OKAY, NICE. UH, LET'S GO BIRDING. UM, BUT THAT RESONATED WITH ME. AND I REMEMBER BECAUSE THEY ALSO CHECKED OUT OF IT, AND THEY WENT AND STAYED SOMEWHERE ELSE THAT HAD MORE GREEN SPACE AROUND IT. UM, THEY'RE AVID BIRDERS. THEY WANTED TO BIRD FROM SUNSET, SUNRISE TO SUNSET. THEY ENDED UP TAKING, UH, WE ENDED UP GOING SIX DAYS, UH, TOTAL. UH, WHEN I CASUALLY ASKED THEM, YOU KNOW, HEY, YOU KNOW, HOW MUCH DID YOU SPEND ON THIS BIRDWATCHING TRIP? UH, THEY SAID, $30,000. NOW I DIDN'T SEE $30,000, DON'T GET ME WRONG. UM, BUT THAT'S HOW MUCH THEY SPENT TO FLY OVER TO STAY HERE, TO GO DO ALL THE DIFFERENT THINGS THAT THEY DID. THAT'S SIGNIFICANT, BUT IT'S NOT UNCOMMON. SO I'M GIVING YOU THIS INFORMATION TO REALLY THINK ABOUT HOW DOES THAT BECOME PART OF THE EQUATION INTO HOW THIS DEVELOPMENT ROLLS OUT? WE KNOW THAT IT'S GONNA GET DEVELOPED. I, I, I ECHO SO MANY OF Y'ALL'S CONCERNS THAT LET'S GET IT RIGHT. LET'S TAKE THE TIME TO REALLY AND TRULY GET THIS RIGHT. I THINK IT CAN BE A GREAT PROJECT. I THINK WE'VE LEARNED SOME IMPORTANT LESSONS. FOR EXAMPLE, THE DOMAIN, IT WASN'T ORIGINALLY SUPPOSED TO BE HOUSING, AND THEN THAT KIND OF THINGS JUST KIND OF KEPT TACKING ON AND TACKING ON AND TACKING ON. AND YOU [03:05:01] KNOW, NOW WE HAVE, YOU KNOW, HIGH RISE BUILDINGS THERE, THE HEIGHT LIMITS KEPT GOING UP. UM, YOU KNOW, IT, IT HAS RADICALLY CHANGED FROM WHAT THAT ORIGINAL VISION WAS. UM, I'M GLAD WE TALKED ABOUT MILLER EARLIER. UM, YOU KNOW, I, I, I THINK THAT IS A GOOD EXAMPLE OF COMMUNITY ENGAGEMENT AND, AND THE RESULT IS A LIVABLE COMMUNITY, LIVABLE COMMUNITY THAT IS ALSO OPEN TO THE PUBLIC TO COME AND ENJOY. AND THAT IS SOMETHING THAT I, I HOPE, AND I'M HEARING EVERYBODY HERE, THAT THAT FEELS LIKE WHAT THE END RESULT NEEDS TO BE. AND SO I JUST WANNA KIND OF PUT THAT, UM, PUT THAT OUT THERE. I THINK THAT IT IS IMPORTANT, UM, TO CONTINUE TO HAVE THESE DIALOGUES AND WE'LL GET TO THAT ON OUR NEXT AGENDA, UH, MEETING. UM, I DO WANNA ASK, UM, THE QUESTION ABOUT HEIGHT LIMITATIONS. ARE THERE HEIGHT LIMITS? AND I, AND FORGIVE ME FOR NOT, WE'RE NOT READING AS CLOSELY AS COMMISSIONER BRIMER, UM, BUT THE HEIGHT LIMITS, TELL ME ABOUT THAT. YES, SIR. THAT CAN GO CITY. THAT CAN GO Y'ALL CITY WANNA JUMP IN? WELL, NOBODY BELIEVES THIS ANYWAY, SO , I BELIEVE I WILL. WE'LL, YEAH, WE'LL DO THAT UNDER THE AGREEMENT. THERE ARE NO HEIGHT LIMITS. OKAY. FAA. OKAY, NOW WE HAVE, WE HAVE SOME HEIGHT LIMITATIONS BECAUSE WE ARE IN THE FLIGHT PATH OF STROM AIRPORT. THAT WAS MY NEXT QUESTION. SO WE WILL HAVE SOME HEIGHT LIMITATIONS AND SOME USE LIMITATIONS. FOR INSTANCE, YOU CAN'T DO, YOU CAN'T DO MILLER IN THE FLIGHT PATH OF THE AIRPORT, AND WE CAN'T DO TALL BUILDINGS THERE. WE COULD DO TALL BUILDINGS ELSEWHERE IF IT'S APPROPRIATE. RIGHT NOW WE DON'T HAVE THOSE PLANS. AND WHEN YOU SAY YOU CAN'T DO MILLER IN THE FLIGHT PATH, TELL ME A LITTLE BIT ABOUT THAT. WELL, THE CITY SPENT A BUNCH OF MONEY BUYING UP HOUSES IN THE FLIGHT PATH BECAUSE THE FEDS DON'T LIKE IT. OKAY. SO BASED ON THAT, YOU'RE SAYING THAT THIS PROBABLY WOULDN'T BE THEN A PROJECT, A SUBURBAN SINGLE FAMILY HOME OR MULTI-FAMILY HOME PROJECT IN SOME AREAS ON THIS PROJECT, IT WON'T BE RESIDENTIAL. IT BY NECESSITY WILL BE COMMERCIAL. OKAY. THANK YOU FOR THAT. UM, I THINK THAT'S ALL MY QUESTIONS FOR NOW, AND WE'LL TALK ABOUT THE WORKING GROUP IN JUST A MINUTE. THANK YOU, CHAIR. ALL RIGHT, WELL, THANK YOU ALL AGAIN. EVERYONE WHO CAME TODAY TO GIVE PUBLIC COMMENT, PEOPLE WHO ARE STILL HERE HOURS LATER WAITING TO HEAR MORE, IT REALLY MEANS SO MUCH. THANK YOU TO THE APPLICANT FOR BEING HERE THIS LATE. THANK YOU TO CITY STAFF. I GENUINELY BELIEVE THAT WE ARRIVE AT OUR BEST IDEAS WHEN WE ALL COME TOGETHER AND HAVE, HAVE OPEN CONVERSATION. UM, AND SO I'D LIKE TO GIVE EVERYONE THE BENEFIT OF THE DOUBT THAT THEY'RE COMING WITH EARNEST INTENTIONS TO, YOU KNOW, DO THE, DO THE BEST FOR OUR CITY. AND SO I, I LIKE TO START THERE AND, UM, I HOPE THAT THAT'S, THAT THAT'S WHAT WE'LL SEE. SO I CERTAINLY HAVE A LOT OF COMMENTS, BUT I WILL START WITH SOME QUESTIONS. UM, AND THIS IS FOR, UH, WATERSHED STAFF. WHEN DID WATERSHED LEARN ABOUT THIS DEVELOPMENT? SO, UH, AS FAR AS THE DEVELOPMENT AGREEMENT MM-HMM . SO THIS STARTED AROUND FEBRUARY TIMEFRAME, I THINK, WHEN THE CITY MANAGEMENT TEAM STARTED WORKING ON THIS. SO YOU LEARNED AS SOON AS CITY MANAGEMENT STARTED ACTING ON IT, OR WAS CITY MANAGEMENT AWARE OF IT FOR A TIME BEFORE THEY NOTIFIED YOU? LIKE THE APPLICANT STATED BEFORE? THERE'S BEEN DISCUSSIONS ABOUT IT OVER THE, OVER THE YEARS. RIGHT. BUT ACTUALLY LIKE COMING TO THE CITY MANAGEMENT TEAM, I THINK, AND THEY COULD SPEAK TO THAT AS WELL, BUT WE, WE GOT INVOLVED SHORTLY THEREAFTER. SO WATERSHED STAFF HAD NOT BEEN INVOLVED IN DISCUSSIONS PRIOR TO FEBRUARY OF THIS YEAR. UH, ONCE AGAIN, CONCEPTUALLY IN PAST MEETINGS THERE'S BEEN DISCUSSION OF THE DESIRE TO DEVELOP THIS AREA, BUT THAT'S, AND WHEN DID, WHEN DID THOSE START? I, I'VE BEEN THE DIRECTOR OF SEVEN YEARS, MAYBE SHORTLY THEREAFTER. I, I REMEMBER BEING IN SOME CONVERSATIONS OF THE DESIRE, BUT I DON'T KNOW THAT IT WAS WHERE IT IS RIGHT NOW, YOU KNOW, WAS THE ACTUAL CONCRETE IDEAS OF MOVING THINGS FORWARD. HOW HAVE YOU SEEN THE CONCEPTUAL PLANS EVOLVE OVER THE LAST SEVEN YEARS? OH, NO. I MEAN, WHAT WE SAW IN THE AGREEMENT, THAT'S WHAT WE'VE SEEN AS WELL. AND AS, AS I JUST WANT TO REITERATE, THIS IS IN THE COUNTY, AND BECAUSE OF THE LEGISLATIVE CHANGES TO COME INTO THE CITY HAS BEEN DESCRIBED ALREADY, THERE'S CERTAIN LIMITATIONS OF THE APPLICANT PRESENTING THE INFORMATION. AND SO WHAT Y'ALL SAW IS WHAT WE'RE SEEING, RIGHT? SO I'M TRYING TO GET A GRASP ON WHAT WERE THE CONVERSATIONS LIKE SEVEN YEARS AGO WHEN IT WAS IN, IN THE COUNTY. WERE THE CONVERSATIONS [03:10:01] ALREADY REGARDING POSSIBLE ANNEXATION, CERTAIN TYPES OF DEVELOPMENT? WHAT WAS THE NATURE OF THE CONVERSATION SEVEN YEARS AGO? I WOULD JUST SAY HIGH LEVEL DESIRE TO DEVELOP THAT, THAT DOGHEAD AREA WITH NO SPECIFICITY AROUND ZONING USE. NO. AND EVEN, EVEN NOW AS AS DESCRIBED, WE DON'T HAVE THAT LEVEL OF SPECIFICITY EITHER. OKAY. AND THAT CAME FROM, THAT WAS INITIATED BY THE DEVELOPERS WE SEE HERE, OR THAT WAS INITIATED WITHIN THE CITY SAYING, THIS IS AN AREA WE WANT TO LOOK AT? LIKE WHO INITIATED THOSE CONVERSATIONS? NO, THE, THE, THE CITY WHEN THERE'S LAND USUALLY HAS JUST INTEREST FROM THE DEVELOPERS SHARING IDEAS OF WHAT THEY WANNA DO AND QUESTIONS AND STUFF LIKE THAT. BUT I CAN'T EVEN GET INTO SPECIFICS OF THAT. BECAUSE YOU'RE NOT ALLOWED TO? OH, NO, BECAUSE I DON'T, I DON'T KNOW THE SPECIFICS OF WHO WAS INVOLVED. OKAY. UM, WERE YOU ALL THERE AT THE TABLE SEVEN YEARS AGO WITH WATERSHED? YES. OKAY. UM, AND SO WHEN DID YOU ALL FIRST INFORM THE CITY OF YOUR INTENTIONS? WAS IT SEVEN YEARS AGO OR WAS IT PRIOR TO THAT? WE SPENT A COUPLE YEARS JUST FIGURING OUT IF IT EVEN COULD BE DEVELOPED JUST BASED ON THE, THE LEVEL OF, OF MINING AND HOW MUCH SAND GRAVEL AND SANDY LOMA HAD BEEN REMOVED. SO IT TOOK US, TOOK US TWO TO THREE YEARS JUST TO FIGURE OUT IF IT COULD, IF IT COULD BE PUT BACK INTO A DEVELOP DEVELOPABLE STATE. AND SO WHEN DID THAT START? LIKE WHEN WERE THOSE TWO TO THREE YEARS? ARE WE TALKING 2010 TO 2012? 2020 TO 2022. WHAT WAS THE YEAR? YOU REMEMBER? THE YEAR? YEAH, I THINK 2020 PROBABLY 2020 TO 2022. OKAY. SO WITHIN THIS SEVEN YEAR TIMEFRAME MM-HMM . IS WHEN YOU ALL ALSO STARTED? YES. OKAY. I RECALL MEETINGS WITH THE PRIOR CITY MANAGEMENT WHERE WHEN WE BROUGHT THIS TO THE ENVIRONMENTAL STAFF AND WE SHOWED 'EM WHAT'S OUT THERE NOW, THAT THE CONSENSUS WAS YOU COULD MAKE IT BETTER. AND THAT'S HOW THESE CONVERSATIONS STARTED. AND SO HOW WOULD YOU ALL SAY YOUR CONCEPT HAS EVOLVED IN THE LAST SEVEN YEARS FROM THOSE FIRST TALKS? ONCE WE FIGURED OUT WE COULD, THAT IT COULD BE REDEVELOPED, THE STEPS WERE RECLAMATION OF PUTTING THE SITE BACK TO A CONDITION THAT EXISTED, WHICH WAS A FUNCTION OF WAITING ON RECLAMATION FILL TO COME INTO THE AREA. IT WAS TRYING TO FIGURE OUT HOW DO YOU CONVEY STORM WATER? HOW DO YOU HANDLE DRAINAGE THROUGHOUT THE SITE? IT WAS, UM, HOW DO YOU, HOW DO YOU HANDLE A, A LOANER LETTER OF MAP PROVISION? SO IT WAS A LOT OF, THERE WAS A LOT OF TIME JUST FIGURING OUT HOW DO YOU, HOW DO YOU PUT IT INTO A PLACE WHERE YOU ACTUALLY CAN DEVELOP IT AND BUILD SOMETHING? UH, THERE WAS, THERE WAS NO VISION PLANNING GOING ON IN THOSE FIRST QUITE A FEW YEARS AT ALL, BECAUSE THERE WAS NOTHING TO TRY TO VISUALIZE. YOU'RE JUST TRYING TO FIGURE OUT, CAN, CAN YOU TURN THIS INTO SOMETHING? KNOW, FOR INSTANCE, THERE WAS SOME OF THE FLOODPLAIN THAT'S BEEN MENTIONED THAT'S NOW NOT FLOODPLAIN WAS CREATED BECAUSE OF THE MINING. SO WE HAD TO GO THROUGH THE STUDIES ON HOW DO YOU, HOW DO YOU FIX THAT PIECE? HOW DO YOU MAKE SURE THAT BY FIXING THAT, THAT DOESN'T PUT WATER ON SOMEONE ELSE? WE ALSO FOUND OUT IN THE CARSON CREEK WATERSHED THROUGH THIS EXAMINATION, THAT THERE THINGS PEOPLE HAD DONE BEFORE US HAD CAUSED BIG PROBLEMS IN THE CARSON CREEK WATERSHED, AND HOW COULD WE MAKE THAT BETTER AS WELL, BECAUSE THAT'S A TOTALLY DIFFERENT WATERSHED THAN WHAT WE'RE DEALING WITH ON THE, ON THE COLORADO MM-HMM . SO THERE WEREN'T ANY PUSHES TO DO DEVELOPMENT. THERE WERE, THERE WERE OPEN CONVERSATIONS WITH PROFESSIONAL STAFF ON HOW AND WHAT IF, AND WE WERE BASICALLY IMAGINING IT WAS, IT WAS ASPIRATIONAL. MM-HMM . OKAY. UM, SO IT SOUNDS LIKE FROM EARLY ON, OF COURSE YOU'RE AWARE THAT THE ENTIRETY OF THE PROPERTY IS IN THE FLOODPLAIN AND THAT WAS SOMETHING THAT YOU ALL, THAT'S NOT TRUE, IS IT? THAT'S NOT TRUE. NO. THE ENTIRETY OF THE PROPERTY WAS NOT IN THE FLOODPLAIN. OKAY. CAN YOU EXPLAIN THAT MORE? 'CAUSE THAT WAS MY UNDERSTANDING THAT ALL OF IT IS EITHER IN THE A HUNDRED YEAR FLOOD PLAIN OR THE 25 YEAR FLOOD FLOODPLAIN. NO, SOMEBODY HAS SAID THAT. OKAY. BUT THAT'S NOT TRUE. WELL, I'D LOVE TO HEAR THEN FROM YOU WHAT YOU THINK IS TRUE. WELL, WE'VE ACTUALLY GOT OUR, WE'VE ACTUALLY GOT OUR ENGINEERS WHO CAN SHOW YOU WHAT IT LOOKED LIKE. THAT'D BE GREAT ABOUT IT. SURE. YEAH. SHE JUST TALK, YOU CAN TALK ABOUT IT. COME TALK ABOUT IT. [03:15:03] PUSH THE BUTTON THERE, YOU'RE HOT TESTING. OKAY. UH, I'M, I'M KEITH MOODY WITH MOODY ENGINEERING, AND I'VE BEEN WORKING ON THIS SINCE THAT 2020 TIMEFRAME STUDYING AND LOOKING AT THIS FLOODPLAIN. AND IT'S VERY MUCH STILL IN, IN, IN WORKS. UH, THERE'S A, THERE, THERE, THERE IS A PORTION OF THE TRACK THAT'S IN THE FLOODPLAIN RIGHT NOW ON, UH, THROUGH SOME OF THESE MINING PITS AND EVERYTHING. UH, BUT THEN THERE'S A GOOD AMOUNT OF AREA THAT'S JUST NOT MAPPED CORRECTLY AND DOESN'T REFLECT WHAT'S ACTUALLY OUT THERE. SO, UH, BUT I, I DON'T KNOW IF THAT'S MORE THAN MAYBE 20% AT THIS TIME OF WHAT'S ACTUALLY ON IT. SO THE COMMENTS THAT I WAS HEARING BEFORE, I'M NOT SURE WHERE THAT'S COMING FROM, BUT THIS CAN BE VIEWED ON A FEMA MAP AND YOU CAN, IT CAN BE LOOKED UP OR VERIFIED. CAN YOU QUANTIFY THAT SPECIFICALLY THEN IN TERMS OF EITHER PERCENTAGES OR SQUARE MILES OR ACRES? WHAT PERCENTAGE OF THE DEVELOPMENT IS IN THE FLOODPLAIN RIGHT NOW? ONCE THE MAPS GET CORRECTED, LESS THAN 5% WILL BE IN THE FLOODPLAIN. WHAT DO YOU MEAN BY CORRECTED? AGAIN, THE MAPS, BECAUSE OF THE MAP MINING ACTIVITY WAS MAPPED INCORRECTLY, UH, BACK AND WHEN IT WAS ORIGINALLY DONE. UM, AND THAT'S, THAT'S WHAT WE'RE TRYING TO GET CORRECTED WITH FEMA. THE MINING ACTIVITY ITSELF WAS MAPPED INCORRECTLY, OR I, I CAN'T SAY WHY IT WAS MAPPED INCORRECTLY. UH, THE MAPS THEMSELVES WERE SHOWING FLOODPLAINS THAT DON'T ACTUALLY EXIST ON THE TRACK. WHO IS RESPONSIBLE FOR THOSE MAPS? FEMA. FEMA, OKAY. THAT SEEMS FARFETCHED, THAT FEMA WOULD'VE MADE AN ERROR, BUT IT'S A, IT'S A MAPPING DISCREPANCY. MM-HMM . UH, AND I CAN ONLY, I IMAGINE THAT IT HAD TO DO WITH THE MINING ACTIVITY AT THE TIME WHEN THEY WERE TRYING TO MAP THIS, AND IT DATES BACK 26 YEARS. SO THIS, THIS HAS BEEN A WHILE AND TECHNOLOGY'S CHANGED QUITE A BIT SINCE THEN. SO YOU'RE SAYING RIGHT NOW THAT IN YOUR MIND ONLY 5% OF THIS ENTIRE DEVELOPMENT IS IN THE FLOODPLAIN. I'M GIVING A VERY APPROXIMATE NUMBER. AND THAT DOES NOT INCLUDE THE FLOOD PLAIN IN THE RIVER. IT'S ONLY INCLUDING THE AREA OF THE RIVER THAT'S SHOWN ON THE MAPS TO BE COMING ACROSS THE FLOOD PLAIN OR THE TRACK ITSELF. LOCATION. SORRY, SAY THAT LAST PART AGAIN. THE 5% YOU'RE ONLY REFERRING TO WE'RE, WE'RE REFERRING TO THE INTERIOR OF THIS DOG'S HEAD AND THE FLOOD PLAIN THAT I'M REFERRING TO, THE 2,600 ACRES THAT WAS MENTIONED MM-HMM . UH, THIS IS NOT ASSOCIATED WITH THE COLORADO RIVER FLOODPLAIN, BUT THE COLORADO RIVER FLOODPLAIN ON THE MAP IS BEING SHOWN INCORRECTLY WITHIN THE INTERIOR OF DOG HEAD. AND CURRENTLY RIGHT NOW, THERE'S AN EFFORT TO GET THAT MAP CORRECTED WITH FEMA AND THAT SHOULD HAPPEN ACTUALLY. SO WHEN YOU SAY 5%, ARE YOU EXCLUDING A CERTAIN PORTION OF THE RIPARIAN AREA THAT IS IN THE COLORADO RIVER? LIKE, IT, IT KIND OF SOUNDS LIKE YOU'RE TALKING ABOUT AN INTERIOR PORTION AND YOU'RE SEGREGATING THAT OUT FROM THE ENTIRETY OF THE DEVELOPMENT. I'M JUST TRYING TO MAKE SURE THERE WASN'T CONFUSION ON THE RIVER ITSELF WHEN WE TALK ABOUT THE INTERIOR. SO, OKAY. SO FROM THE RIVER TO THE FURTHEST STRETCH, LIKE ALL, ALL OF THE PARAMETERS OF THE LAND, 5% ROUGHLY IS WHAT YOU'RE SAYING IS IN THE FLOODPLAIN? THAT'S A REAL, I DON'T HAVE ACTUAL NUMBERS. I HAVEN'T BEEN ASKED THAT, SO I'M NOT SURE EXACTLY, BUT OKAY. WELL, IT'S A VERY SMALL AREA AND I BELIEVE IT'S AROUND THE FOREHEAD AREA OF THE, UH, OF THE DEVELOPMENT WHERE THERE'S SOME EXISTING MINES THAT ARE, THAT ARE CURRENTLY RIGHT THERE. OKAY. KEITH, THERE'S FLOODPLAIN ALONG THE RIVER, CORRECT? THAT IS CORRECT. OKAY. ACCORDING TO THE CURRENT MAPS THAT YOU DO NOT PUT STOCK IN, WHAT DOES FEMA SAY? WHAT PERCENTAGE OF THE LAND IS CURRENTLY IN THE FLOODPLAIN? I, I DON'T KNOW WHAT FEMA WOULD, WOULD SAY. I MEAN, IT'S, BUT IT SOUNDS LIKE YOU ALREADY LOOKED AT THE MAPS AND REFERENCED IT. I, I, MAYBE SEVERAL HUNDRED ACRES OF AREA THAT'S COVERING SOME OF THESE PONDS AND PITS ARE SHOWN ON THE MAP TO BE IN THE FLOODPLAIN. MM-HMM . BUT AGAIN, THERE'S A LETTER OF MAP REVISION THAT'S CURRENTLY IN FEMA THAT'S GONNA BE CORRECTING THOSE MAPS. SO THERE WILL BE NEW MAPS HERE VERY SHORTLY. OKAY. WELL, I'LL SAY FROM MY PERSONAL EXPERIENCE OF BEING THERE, THAT RIVERBANK IS VERY LOW, THAT RIVERBANK IS VERY LOW, BUT I'M NOT, I'M NOT GONNA, UM, KEEP, KEEP GOING ON THAT POINT. I LOOK FORWARD TO LOOKING AT THE FEMA MAPS, UM, CHAIR REALLY QUICK STAFF. I MEAN, IS THAT, DO Y'ALL HAVE THE FEMA MAPS? DO YOU KNOW? SO, UH, WE CAN SPEAK TO THAT AND SO I WOULD ASK AL OUR DEPUTY DIRECTOR TO COME SPEAK TO THAT A LITTLE BIT, BUT YES. UH, THERE'S, THERE'S SOME CORRECTIONS THAT ARE BEING MADE. [03:20:01] SOL ELLI, DEPUTY DIRECTOR OF WATERSHED PROTECTION. UM, YEAH, THERE IS A ACTIVE LETTER OF MAP PROVISION BEING PROCESSED FOR THE SITE. AND IT WAS INITIALLY SUBMITTED AS THEY WERE, UH, IN TRAVIS COUNTY. UH, IT WAS PROCESSED THROUGH TRAVIS COUNTY PROCESSES. UM, NOW THAT THE ANNEXATION HAS HAPPENED, WE'RE ALSO GETTING INVOLVED WITH THE REVISION. AND, UH, THE, THE BASIC GIST IS THAT THE, THE FLOOD WATERS OF THE COLORADO RIVER, BASED ON THE CURRENT PROJECTIONS OF FLOWS IN THE COLORADO, AREN'T PROJECTED TO SPILL OVER INTO THE MINING PITS. AND SO THAT'S KIND OF THE PROJECTION OF WHY THAT FLOODPLAIN IS NOT ANTICIPATED TO BE IN THE MINING PIT THEMSELVES. SO IS THE CITY SUBMITTING THE REVISION OR IS THE DEVELOPER DEVELOPER SUBMITTING THE, THE DEVELOPER. OKAY. SO RIGHT NOW, WHAT YOU'RE AWARE OF, IF SOMEONE SAID, HEY, I WANT A FLOODPLAIN MAP THAT INCLUDES THE DOG'S HEAD. WHAT PERCENTAGE IS CURRENTLY SHOWN TO BE IN THE FLOODPLAIN? I, I DON'T KNOW THAT PERCENTAGE, BUT, UH, KINDA LIKE KEITH SAID, UH, UH, SEVERAL HUNDRED ACRES THAT'S CURRENTLY SHOWN AS FLOOD MAPS RIGHT NOW. SO IF YOU WERE TO GO TO AUSTIN, UH, AUSTIN'S, UH, FLOOD PRO WEBSITE, UH, YOU KNOW WHERE OUR FLOODPLAIN INFORMATION IS DISPLAYED ONLINE? MM-HMM . YOU WILL SEE FLOODPLAINS THAT KINDA LOOK LIKE IN POCKETS OVER EACH OF THE MINING PITS. SO SEVERAL HUNDRED ACRES OUT OF A 2,600 ACRE PROJECT. SO YOU'RE SPECULATING 10 TO 20% CURRENTLY? I I, I'M NOT EVEN SURE I COULD MAKE THAT KIND OF GUESS RIGHT NOW WITHOUT, THAT'S WITHOUT HAVING WITH ME. YEAH, THAT'S DEFINITELY SOMETHING WE SHOULD KNOW BEFORE DEVELOPING THE SITE. UM, ALL RIGHT. MY NEXT QUESTION IS, WHO MADE CITY STAFF SIGN NDAS? WHAT, WHO MADE, WHO INITIATED THOSE NDAS FOR THE CITY STAFF? UH, TRISH LINK WITH THE LAW DEPARTMENT. THE NDAS ARE NOT RELATED TO THE DEVELOPMENT AGREEMENT. THE NDAS ARE SOMETHING THAT CITY MANAGEMENT AND EXECUTIVES WITHIN THE CITY SIGNED RELATED TO, TO DOG HEAD, BUT NOT TO THE DEVELOPMENT AGREEMENT, TO ISSUES AND, UH, PROJECTS THAT MAY BE FORTHCOMING ON THE DOG HEAD THOUGH. CORRECT. BUT THOSE ARE NOT PART OF THE DEVELOPMENT AGREEMENT. THE DEVELOPMENT AGREEMENT IS BETWEEN THE CITY AND DOG HEAD, NOT THEIR USERS. MM-HMM . AND NOT ANYONE ELSE. SO THOSE NDAS HAD EVERYTHING TO DO WITH OTHER PEOPLE AND OTHER THINGS, NOT THE DEVELOPMENT AGREEMENT ITSELF. CAN YOU TELL US WHO THOSE OTHER PEOPLE ARE? NO, BECAUSE I'M NOT PART OF THOSE CONVERSATIONS. SO YOU'RE NOT AWARE. I AM NOT PART OF THE CONVERSATIONS. I DON'T UNDERSTAND WHAT THAT MEANS. THAT EITHER MEANS YOU'RE NOT AWARE OR YOU'RE NOT ABLE TO SAY THE LAW DEPARTMENT IS NOT INVOLVED IN THOSE CONVERSATIONS, THEREFORE YOU CANNOT SPEAK ON IT. CORRECT. BUT I DO KNOW WHAT THE NDAS ARE RELATED TO BECAUSE THEY'RE NOT RELATED TO THE DOGHEAD DEVELOPMENT AGREEMENT ITSELF. HAVE WE EVER HAD AN NDA OF THIS NATURE BEFORE? SIMULTANEOUS TO A DEVELOPMENT AGREEMENT? I DON'T KNOW FOR OTHER PROJECTS. I MEAN, WE HAVEN'T DONE A DEVELOPMENT AGREEMENT FOR LAND IN THE ETJ IN SEVERAL YEARS BECAUSE OF OUR LIMITED ANNEXATION AUTHORITY. UM, BUT AN NDA THAT MAY BE COMING BECAUSE OF, OF OTHER ASPECTS OF CITY OPERATIONS ARE NOT NECESSARILY CONNECTED TO A DEVELOPMENT AGREEMENT. MM-HMM . OKAY. CAN YOU ALL GIVE PUBLIC ASSURANCES ON THE RECORD THAT NO DATA CENTERS WILL BE BUILT ON THIS LAND? WE CAN TELL YOU THAT THE USER WE'VE GOT NOW IS NOT A DATA CENTER, BUT WE, WE WE'RE NOT SAYING WE WILL NOT DO A DATA CENTER IN THE FUTURE. OKAY. UM, WHAT IS THE 10% OF OPEN SPACE? CAN YOU DESCRIBE THAT FOR US? SURE. IT'S 266 ACRES OF PUBLIC OPEN SPACE. THAT, THAT WHEN THE FINAL PROJECT IS COMPLETED, IT WILL BE IN ITS FINAL FORM. IN THE INTERIM IT WILL BE MOVING AROUND. THAT'S BECAUSE OF THE RECLAMATION, BUT IT WILL, YOU WILL, THERE WILL BE 266 ACRES OF, OF OPEN SPACE, UH, THROUGHOUT THE PROJECT. RIGHT. AND THAT'S, THAT'S A MINIMUM. YEAH. ONE OF THE THOUGHT PROCESSES THAT WENT THROUGH THAT IS THE CITY CAN BY LAW CAN ONLY REQUIRE 10% OF THE PROPERTY TO BE PARKLAND. AND WE TRANSLATED THAT INTO 10% RIGHT OFF THE TOP. AND THAT THAT'S ONLY IF THERE'S [03:25:01] ENOUGH RESIDENTIAL OR HOTEL UNITS THAT REQUIRES THAT AMOUNT. IF THE UNITS AND HOTELS ARE LESS, IT WOULD BE FAR LESS THAN THAT. WE JUST TOOK THAT OFF THE TABLE DAY ONE AND SAID, WE'RE GONNA DO 10% IF WE DID NO UNITS OUT THERE AND MAKE IT OPEN SPACE. OKAY. SO YOU'RE SAYING THAT THE CITY REQUIRES 10% MINIMUM OF OPEN SPACE WITH THIS, WHICH THE CITY ALSO DEFINES AS PARKLAND. IS THAT CORRECT? NO, THE CITY IS LIMITED BY THE AMOUNT OF PARKLAND THAT THEY CAN REQUIRE FROM A DEVELOPER, AND THEY'RE LIMITED TO 10% OF THEIR LAND. OKAY. UM, SOMEONE FROM THE CITY, CAN YOU ALL DEFINE HOW IS OPEN SPACE DEFINED IN CITY CODE, IF AT ALL? WHAT IS INCLUDED IN THAT? WELL, SO, YOU KNOW, I THINK THE PARKS DEPARTMENT MAY CONSIDER OPEN SPACE A LITTLE BIT DIFFERENTLY. UH, FOR ENVIRONMENTAL OPEN SPACE IS, UH, LAND THAT IS LIGHTLY USED. SO THERE IS CERTAIN AMOUNT OF IMPERVIOUS COVER ALLOWED, UH, YOU KNOW, FOR TRAILS, BENCHES, YOU KNOW, THAT SORT OF THING. UM, SO THERE IS A DESCRIPTION OF WHAT CAN HAPPEN IN OPEN SPACE, ESPECIALLY AS IT RELATES TO CRITICAL WATER QUALITY ZONE. BUT THE PARKS DEPARTMENT MAY HAVE A DIFFERENT, UH, UNDERSTANDING OF THAT THAN US FOR THEIR PURPOSES. OKAY. SO CITY LEGAL, DO YOU HAVE ANY INPUT ON THAT? IT SOUNDS LIKE THERE ARE DIFFERENT INTERPRETATIONS, WHETHER IT'S WATERSHED OR PARKS. I, I WOULD NEED TO CHECK THE CODE TO SEE WHAT THE SPECIFIC DEFINITION IS, BUT THEY'RE FOR TWO DIFFERENT PURPOSES, SO THAT'S WHY, UH, MS. JOHNSON IS EXPLAINING IT AS FROM WATERSHED'S PURVIEW. THEY HAVE A DIFFERENT OBJECTIVE FOR OPEN SPACE. PARKS HAS OPEN SPACE THAT IS USED IN A DIFFERENT WAY. SO THEY WOULD BE POTENTIALLY LOOKED AT DIFFERENTLY BASED ON THE LENS. MM-HMM . OF THE CITY APARTMENT. UM, WHO'S CONSIDERING THAT? YEAH. AND I HAVE THE CODE UP. I CAN READ IT IF YOU'D LIKE. YES. UH, COMMUNITY OPEN SPACE MEANS OPEN SPACE THAT IS AVAILABLE FOR USE BY THE PUBLIC AND INCLUDES A PLAZA, SQUARE PARK, PLAYGROUND GREENBELT, OR SIMILAR AREA. AND THEN THAT IS, UH, SEPARATE FROM PRIVATE OPEN SPACE MEANS OPEN SPACE THAT IS ASSOCIATED WITH A DWELLING AND INTENDED TO BE USED EXCLUSIVELY BY THE DWELLING'S RESIDENTS. OKAY. SO IT SOUNDS LIKE IT COULD BE A RANGE OF THINGS FROM A PLAZA TO A TRAIL TO, I GUESS I'M WONDERING GOLF COURSES HAVE BEEN BROUGHT UP. WOULD THAT BE WITHIN THAT DEFINITION? YEAH, EITHER COMMUNITY OR PRIVATE, DEPENDING ON WHAT IT IS. OKAY. SO I'M, I'M, YEAH. TRYING TO ASCERTAIN FROM YOU ALL, WHAT ARE YOUR INTENTIONS FOR THE 10% OPEN SPACE? WHAT IS THAT GONNA LOOK LIKE IN ACONCRETE AS IT'S DESCRIBED IN THE AGREEMENT, IT IS PUBLIC OPEN SPACE SUBJECT TO THE SAME OR SIMILAR TO PARK RULES. THE PARKS ISSUE IS A DIFFICULT ONE BECAUSE THE CITY DOESN'T NECESSARILY ALWAYS FUND PARKS ENOUGH. AND WHAT WE WANTED TO HAVE OUT HERE WAS A, A PREMIER PARK SYSTEM. TWO THINGS. ONCE IT BECOMES PARKLAND, IT CAN'T EVER CHANGE WITHOUT HAVING AN ELECTION. YOU CAN'T MOVE IT AROUND, YOU CAN'T IMPROVE IT. BUT IF YOU KEEP IT AS A PARK, AS AS PUBLIC OPEN SPACE, YOU CAN, IT'S MORE FLEXIBLE. ALSO, YOU CAN REGULATE IT A LITTLE MORE CLOSELY SO THAT YOU DON'T END UP HAVING IT EITHER TURN INTO A CAMPGROUND OR SOMETHING ELSE THAT NOBODY THINKS IS A GOOD IDEA. THAT SOMETIMES HAPPENS TO OUR PARKS. IT ALSO ENABLES US TO MAINTAIN THEM. WE TOOK THE MAINTENANCE OBLIGATION OFF THE CITY'S BACK TO MAINTAIN THE, THE PUBLIC OPEN SPACE. BUT I THINK IT'S IMPORTANT TO NOTE THIS WAS A MINIMUM BECAUSE IF WE CAME IN TODAY WITH THIS DEVELOPMENT, THE PARKLAND REQUIREMENT OR THE PUBLIC SPACE REQUIREMENT WOULD BE ZERO. BECAUSE WE DON'T HAVE A HOUSE, WE DON'T HAVE A HOTEL ROOM. THOSE ARE, OR A MULTIFAMILY, THOSE ARE THE THINGS THAT TRIGGER IT. WE TOOK THAT OFF THE TABLE IMMEDIATELY AND SAID NO MATTER WHAT HAPPENS, THERE'LL BE A MINIMUM OF 10%, WHICH IS THE STATE REQUIREMENT. AND THERE MAY BE MORE. AND I'M JUST, I'M TRYING TO CONCRETIZE THIS 'CAUSE I UNDERSTAND AS IT, AS IT STANDS RIGHT NOW, THERE'S A 200 FOOT SET BACK FROM THE RIVER, IS THAT AREA GOING INTO THIS 10% OPEN SPACE OR IS IT SEPARATE FROM THAT SETBACK AREA? IT, IT CAN BE IN THAT SPACE AND IT CAN HAVE NATURE TRAILS THROUGH IT AS WELL. AND SO WILL IT, SO IT CAN BE, IT CAN BE PART OF THAT. WILL IT BE THOUGH? WE DON'T KNOW. I MEAN, IT'S A FUNCTION OF WHERE, WHERE SHOULD THE OPEN SPACE BE? OKAY. SHOULD, I MEAN, I'M GONNA SAY NO. WHERE SHOULD THE OKAY. WE, WE NEED MORE THAN THAT. WE NEED MORE THAN THAT. OKAY. UM, WHAT ARE [03:30:01] YOUR WATER QUALITY PLANS FOR THE SITE? WE'VE GOT A HUNDRED PERCENT ALLOWABLE IMPERVIOUS COVER. THAT'S A REAL RECIPE FOR EXTREMELY POOR WATER QUALITY. UH, CHRIS RANDAZZO WITH GARZA A MC. UM, SORRY, WHAT WAS YOUR QUESTION AGAIN? SURE. WHAT ARE YOUR WATER QUALITY PLANS FOR THE SITE? UM, WE PLAN TO PROVIDE, UH, CURRENT WATER QUALITY TREATMENT FOR THE CURRENT, UH, WATER QUALITY TO CURRENT TREATMENT STANDARDS, THE SET FIL SEDIMENTATION FILTRATION POND TREATMENT STANDARDS. UM, WE, WE HAVE SOME INNOVATIVE TECHNIQUES THAT ARE DESCRIBED IN THE DEVELOPMENT AGREEMENT, BUT TO THE STANDARD THAT'S IN THE A CM FOR SEDIMENTATION FILTRATION BONDS. OKAY. AND WATERSHED STAFF. DOES THAT SOUND LIKE WHAT WE WOULD TYPICALLY HOPE OR EXPECT FOR A DEVELOPMENT OF THIS NATURE? OR WHAT WOULD YOU SUGGEST FOR WATER QUALITY FOR THIS SITE? YOU KNOW, FOR THIS SITE, YOU KNOW, WE, WE DID REQUIRE THAT THEY MEET OUR MINIMUM REQUIREMENTS FOR THE ECM, UM, AND HAVE SAID THAT THE PITS, ASSUMING THEY CAN, UM, DEMONSTRATE THAT THEY MEET CURRENT WATER QUALITY TREATMENT STANDARDS CAN BE USED FOR WATER QUALITY TREATMENT. UM, THERE'S A LOT OF DETAILS THAT NEED TO BE WORKED OUT. WE'VE TALKED ABOUT, UH, CERTAIN WAYS TO ENSURE THAT THEY CAN BE MAINTAINED. UM, AND THEY STILL NEED TO DEMONSTRATE THAT THERE ARE WOULDN'T BE ANY, UH, HYDROLOGIC CONNECTIVITY TO THE COLORADO RIVER THAT WOULD ALLOW POLLUTANTS TO LEACH INTO THE RIVER. SO THOSE ARE, THERE'S STILL SOME QUESTIONS TO BE MADE. SO IF THAT CAN'T HAPPEN, THEN THEY WOULD STILL BE REQUIRED TO MEET, UH, CURRENT CODE. SO RAIN GARDENS, BIOFILTRATION PONDS, THAT SORT OF THING. OKAY. ONE OF THE THINGS ON A SITE THAT'S LARGE AND WHEN YOU'RE STARTING WITH A CLEAN SLATE IS YOU CAN ACTUALLY PLAN AHEAD. PART OF THE PROBLEM WE'VE HAD IN OUR CITY IS WE'VE PIECEMEALED IT AND YOU'LL HAVE LITTLE POND HERE, LITTLE POND THERE. AND MAINTENANCE MAY OR MAY NOT HAPPEN ON THEM. ON THIS ONE, WE'VE GOT THE ABILITY TO DO A REGIONAL SYSTEM AND IT'S, ONE, IT'S MORE EFFICIENT, AND TWO, IT'S EASIER TO MAINTAIN. AND THREE, IT CAN ACTUALLY BE BETTER THAN CURRENT CODE. AND THAT'S, THAT'S THE ASPIRATION. OKAY. UM, I'M HEARING YOU SEE, SAY LIZ, THAT THEY'LL BE REQUIRED TO MEET CURRENT, CURRENT CITY WATER QUALITY STANDARDS, CORRECT? THAT IS CORRECT. OKAY. I'M JUST TRYING TO ENVISION THAT FOR A HUNDRED PERCENT IMPERVIOUS COVER IN AN ENVIRONMENTALLY SENSITIVE AREA. 'CAUSE I DON'T KNOW THAT, I'VE NEVER SEEN THAT. UM, THOSE, THOSE TWO THINGS GOING TOGETHER ON THE WEST SIDE, WE HAVE THE SAVE OUR SPRINGS ORDINANCE THAT REDUCES THAT IMPERVIOUS COVER SIGNIFICANTLY. AND THEN WE HAVE THE BIO FILTRATION PONDS, ET CETERA. SO I JUST, I DON'T KNOW HOW OUR CURRENT CODE MEETS THIS KIND OF NEED. DO, DOES IT EVEN EXIST YET? RIGHT. SO I GUESS I WOULD SAY THE A HUNDRED PERCENT IS A RIGHT, BUT NOT A GUARANTEE. UH, RIGHT. SO WE ALREADY KNOW THAT BECAUSE OF THE OPEN SPACE, THEY'RE NOT GOING TO MEET THAT. THE PONDS THEMSELVES WOULD ALSO COUNT AGAINST THAT. SO I MEAN, THEY WOULD HAVE TO, THEY WOULD, THEY WOULD HAVE TO DEMONSTRATE THAT THEY MEET WATER QUALITY TREATMENT. THAT DOESN'T NECESSARILY MEAN THAT THEY, UH, DON'T HAVE TO JUST BECAUSE THEY GET A HUNDRED PERCENT, THEY HAVE TO DO, YOU KNOW, MEET, MEET THE WATER QUALITY TREATMENT AREAS. SO WHAT SIZE OR QUANTITY OF WATER QUALITY PONDS WOULD WE NEED FOR FOUR SQUARE MILES AT 90% IN PREVIOUS COVER? RIGHT. THEY, THAT WILL COME IN SITE PLAN BY SITE PLAN, THEY WOULD HAVE TO SHOW, UH, THAT THEY, THEY NEED IT. SO EACH SITE PLAN HAS TO LIVE, YOU KNOW, DEMONSTRATE THAT ON ITS OWN. AND THEN, UM, SO THERE WAS SOME PHASING ASSOCIATED WITH THIS THAT, UH, SAYS THAT IF YOU, YOU KNOW, IF THE REGIONAL STORM WATER SYSTEM ISN'T COMPLETE, THEN, UM, EACH SITE HAS AT LEAST A TEMPORARY WATER QUALITY POND THAT MEETS CURRENT CODE, UM, UNTIL SUCH TIME THAT THE REGIONAL SYSTEM, UH, COMES ONLINE. SO, YOU KNOW, THERE IS THAT, UH, YOU KNOW, POTENTIAL THAT EACH, YOU KNOW, SITE HAS ITS OWN POND, YOU KNOW, IF THE REGIONAL SYSTEM DOESN'T GET CONSTRUCTED. OKAY. DO WE HAVE ANY SENSE OF HOW MANY HERITAGE TREES ARE ON SITE? NO. AND THAT'S, THAT'S A PROBLEM. YEAH. WE NEED TO KNOW THAT. WELL, IT'S SOMETHING, IT'S SOMETHING FOR THE WORK GROUP TO CONSIDER. PARDON? IT'S ON MY LIST FOR THE WORK GROUP TO CONSIDER. OKAY, THAT'S GOOD. WE, WE CAN PRETTY, PRETTY [03:35:01] BE, WE'RE PRETTY SURE THERE'S NONE WHERE IT'S ALL BEEN MINED OUT. WE'RE PRETTY SURE THERE ARE PROBABLY SOME ALONG THE RIVER THAT WE'RE GONNA LEAVE AND NOT TOUCH. YEAH, I AGREE. UM, BUT I'M GUESSING ZERO IN A MINE PIT. RIGHT. WE'RE, WE'RE, WE'RE HAPPY TO TALK ABOUT HERITAGE TREES. THAT'S, WE, WE HAVE SO FEW MM-HMM . THAT THEY'RE EITHER GONNA STAY WHERE THEY ARE OR THEY'RE GONNA BE MOVED TO BE ENJOYED MORE IN A PUBLIC OPEN SPACE. THE HERITAGE TREES JUST AREN'T AN ISSUE ON THIS SITE, BUT WE, WE AREN'T AN ISSUE. MEANING LIKE, YOU, YOU CARE ABOUT THEM AND YES. WANT TO PROTECT THEM. WE, WE, WE CARE ABOUT THEM AND WANT TO PROTECT THEM. OKAY. UM, THIS IS FOR CITY STAFF. DOES THIS CITY CURRENTLY HAVE ANY PLANS TO PURCHASE LAND IN EAST AUSTIN FOR CONSERVATION? DO YOU KNOW OF ANY? I'M NOT AWARE OF THAT RIGHT NOW. DOES, I CAN SPEAK A LITTLE TO THAT. UM, THE COUNTY, UM, WITH THE COUNTY BOND PACKAGE THAT WAS PASSED IN 2023, DEDICATED A HUNDRED MILLION DOLLARS TO PURCHASING PARKLANDS IN, UM, EAST IN THE EASTERN CORRIDOR. SO THE CITY MIGHT, MIGHT THE MONEY ALLOCATED, BUT THOSE WILL BE LINKING UP TO DIFFERENT CITY AND THAT IS REALLY PARKLAND. SO WE HAVE THE MONEY, BUT WE DON'T HAVE PLANS TO PURCHASE. OH YEAH. IT'S ALL DE IT'S, IT'S, THEY KNOW EXACTLY IN THE AREAS THAT THEY WANNA PURCHASE IT. YEAH. OKAY. YOU CAN SEE THOSE MAPS ON THE TRAVIS COUNTY AND THOSE PLANS HAVE ALREADY HAVE ALREADY STARTED. 'CAUSE I'M, YOU KNOW, THIS AREA WAS IDENTIFIED TO BE GREEN SPACE AND NOW LOOK, SO CAN YOU CLARIFY THAT? IT SOUNDS LIKE YOU'RE SAYING THAT'S IN THE COUNTY, RIGHT? OR IN THE CITY. THAT'S WHAT TRAVIS COUNTY BOND PACKAGE OF $267 MILLION, WHICH WAS PASSED IN 2023, DEDICATED 100 MILLION TO THE EASTERN CORRIDOR. UM, 100 MILLION TO THE WESTERN PART, AND THEN 67 MILLION FOR MAINTENANCE. MM-HMM. AND THAT INCLUDES LAND WITHIN CITY OF AUSTIN OR JUST TRAVIS COUNTY, PERIOD? IT'S WITHIN TRAVIS COUNTY. IT LINKS UP SEVERAL DIFFERENT CITY OF AUSTIN PROPERTIES, TRAVIS COUNTY PROPERTIES, AS IT SORT OF HITS THOSE LITTLE, YOU KNOW, THE JIGSAW PUZZLE THAT IS MM-HMM . UM, OUR, UH, WHAT WE LIVE IN. AND UM, SO YEAH, I WOULD GO TO TRAVIS COUNTY AND HAVE A LOOK AT THOSE MAPS. I KNOW WITHIN THAT THERE WAS INTENTION THAT THE CITY WOULD ALSO BE PURCHASING LANDS ALONG THOSE, UM, TO LINK UP. OKAY. 'CAUSE WE HAD A PRESENTATION A FEW MEETINGS AGO WHERE THIS ISSUE WAS RAISED, AND AT THAT TIME, CITY STAFF SAID THAT THERE'S NOTHING CURRENTLY IN THE WORKS TO PURCHASE LAND FOR CONSERVATION. IT SOUNDS LIKE WE HAVE THE MONEY. IT SOUNDS LIKE WE HAVE A MAP, I'M NOT SURE, BUT YOU ALL AREN'T AWARE OF ANY ACTIVE IMMINENT PLANS IN THE NEXT FIVE YEARS FOR PURCHASE? SO, I, I CAN SPEAK TO THE, WE DO HAVE SOME, UM, ALLOCATION THAT WAS PROPOSED BY COUNCIL THAT ALLOWS US, AND WE GENERATED A COMPREHENSIVE MATRIX TO IDENTIFY LANDS AND AS OPPORTUNITIES COME UP, THERE IS SOME FUNDING. I DON'T KNOW WHETHER OUR SAT, THAT'S ANOTHER UPDATE THAT I GUESS WE CAN COME BACK AND PROVIDE WHERE WE'RE AT. 'CAUSE THERE, THERE'S BEEN SOME PURCHASES ALREADY, DIFFERENT PARTS OF THE CITY, BUT THAT WAS PRESENTED TO COUNCIL A FEW YEARS AGO AND A COUPLE YEARS AGO. AND SO WE CAN DEFINITELY COME BACK WITH MORE UPDATES ON WHERE WE'RE AT ON THAT. YEAH, I'D LOVE TO KNOW WHERE SPECIFICALLY THOSE PARCELS OF LAND ARE. WAS IT WAS A 50 MILLION, UH, ALLOCATION UP TO $50 MILLION, SO WE CAN TALK ABOUT IT MORE. UM, DOES THE CITY CURRENTLY HAVE ANY PLANS TO PURCHASE LAND IN EAST AUSTIN FOR AGRICULTURAL USE OR TO REZONE LAND FOR AGRICULTURAL USE THAT YOU'RE AWARE OF? I'M NOT AWARE OF ANY, BUT WE WOULD, I WOULD NOT KNOW, BUT THAT, THAT, THAT USE I THINK MAY APPLY UNDER WHAT I WAS JUST REFERRING TO BECAUSE THERE'S DIFFERENT CATEGORIES. ONCE AGAIN, WE CAN COME BACK AND GIVE MORE INFORMATION ON THAT OR RESPOND TO THAT. OKAY. UM, ARE WE AWARE OF ANY INVENTORIES THAT HAVE BEEN DONE BY THE CITY, THE COUNTY, THE STATE, THE FEDERAL GOVERNMENT REGARDING SPECIES IN THIS AREA? BIODIVERSITY, PLANT ANIMAL. SO OFFICIAL. I MEAN, VARIOUS ENTITIES DO BIOBLITZES, YOU KNOW, UH, THERE'S A LOT OF JUST COMMUNITY, UM, UH, INFORMATION JUST FROM INATURALIST. I DON'T KNOW IF ANYBODY'S GONE OUT TO THIS SPECIFIC SITE TO DO, UH, A SPECIES INVENTORY, BUT I THINK THERE'S A PRETTY GOOD UNDERSTANDING WHAT TYPES OF SPECIES ARE IN THE AREA GENERALLY. MM-HMM . UM, DEVELOPERS. IS THAT SOMETHING THAT YOU ALL HAVE LOOKED AT AND ARE AWARE OF THE BIODIVERSITY IN THE AREA, INCLUDING ENDANGERED, FEDERALLY PROTECTED SPECIES? UH, THAT IS SOMETHING THAT WE, WE ARE HAPPY TO TAKE A LOOK AT. WE'RE INTERESTED IN ENHANCING THE HABITAT PERIOD. AND SO THAT'LL BE SOMETHING THAT WE'LL BE DOING IN THE PROCESS. WE'RE CURRENTLY UNAWARE OF ANY ENDANGERED SPECIES, RIGHT. EITHER PRESENT OR MM-HMM . HABITAT. SO I CAN SAY [03:40:01] AS SOME PUBLIC COMMENTERS BROUGHT UP THAT, UM, THE ENTIRE DOG SAID IS HABITAT FOR THE ENDANGERED FAT MUCK MUSCLE. AND SO THAT'S AT, THAT'S AT A MINIMUM. UM, SO WE REALLY NEED TO CONSIDER THAT. WOULD LIKE TO WELL, THAT WAS, THAT WAS, THAT WAS STATED AND WE'LL, I'VE CONFIRMED IT MYSELF AND IT MUST GO ALL THE WAY DOWN THE RIVER. IT YEAH, IT'S, IT'S, I MEAN, IT'S NOT A SUPER LARGE AREA. I CAN CLARIFY. GO AHEAD. THE, SO, UM, THE TEXAS FAT MUCKE IS CURRENTLY ONLY KNOWN TO EXIST IN THE LOWER, UH, ONION CREEK. SO FROM A LITTLE BIT ABOVE I 35 DOWN TO, TO WHERE THE MOUTH OF THE COLORADO RIVER IS. THIS ENTIRE AREA IS IN THE RANGE. SO, YOU KNOW, THERE IS A POTENTIAL FOR IT TO BE THERE, BUT IT HAS NOT BEEN FOUND ANYWHERE ON THE COLORADO RIVER. NOT TO SAY THAT THERE AREN'T OTHER MUSS THAT ARE WORTHY OF PROTECTION, AND I WOULD SAY MOST NATIVE MUSSELS ARE NOT, MAYBE NOT ENDANGERED, BUT THEY ARE AT RISK FOR SURE. SO, YOU KNOW, JUST TO, TO SAY THAT, BUT THAT THIS IS NOT LIKELY TO IMPACT KNOWN POPULATIONS OF TEXAS FAT MARKET. OKAY. THANK YOU. THIS IS MY LAST QUESTION THEN I'LL CHAIR REALLY QUICK. I DO WANNA POINT OUT THAT IN THE COLORADO RIVER CORRIDOR PLAN, UM, THERE IS A PRETTY, PRETTY BIG PIECE ABOUT THE BIODIVERSITY OF THE COLORADO RIVER IN ALL OF ITS DIFFERENT SEGMENTS. THANK YOU. ALL RIGHT. THIS IS MY LAST QUESTION THEN. I'LL HAVE A FEW COMMENTS AND THEN WE'LL GO AHEAD AND MOVE TO THE LAST AGENDA ITEM. UM, WHAT IS YOUR PLAN FOR EROSION IN THIS AREA? WE, WE PLAN NOT TO ERODE. HOW DO YOU PLAN TO ACHIEVE THAT? THE, UH, AGAIN, CHRIS HERZO WITH REGARDS TO EMC, UH, THE, AS WAS MENTIONED THROUGH THE, THROUGH THE DISCUSSION, THERE'S A LARGE SAND LAYER THAT COMES THROUGH THE, THE AREA PART OF OUR WATER QUALITY FILTRATION SYSTEM, UH, TO MEET OUR WATER QUALITY STANDARDS, AS WELL AS OUR STORMWATER MANAGEMENT SYSTEM IS THAT THAT INTERVENING LAYER WILL MANAGE THE PEAKS SO THAT IDEALLY WE DON'T HAVE AN OUTFALL INTO THE COLORADO RIVER DIRECTLY SO THAT WE DON'T HAVE ANY EROSION ON THE, ON THE BANK OF THE COLORADO RIVER. IT'S STORED. AND THEN, AND, AND THAT'S HOW WE MITIGATE OUR STORM AND OUR WATER QUALITY TREATMENT. I MEAN, I'M CONCERNED LESS, I SUPPOSE, WITH THE OUTFALL INTO THE COLORADO RIVER AND JUST THE RIVER ITSELF DURING FLOODING EVENTS, BECAUSE I KNOW FROM NEIGHBORS WHO HAVE LIVED THERE THAT LARGE PORTIONS OF CLIFFSIDE HAVE FALLEN AT A MOMENT'S NOTICE. IT, IT'S IMPORTANT TO ADD TO WHAT JUST CHRIS, CHRIS HAS SAID THAT NOTHING THAT WE'RE DOING IS GONNA BE IN THE INTERIOR CORRIDOR OF THE COLORADO RIVER. WE'RE NOT OUTFALL IT, WE'RE NOT CHANGING IT. WE'RE GONNA HAVE AN OUTFALL AT SOME POINT WITH THIS REGIONAL SYSTEM THAT, THAT WE WERE TALKING ABOUT. UM, AND THEN THAT'LL, YOU KNOW, THAT, THAT WILL BE ENGINEERED. BUT THE EROSION ON THE COLORADO IS, IS A HUGE CONCERN. MM-HMM . SO, AND WE'RE AWARE OF PART OF ONE OF THOSE AREAS. UM, AND IT WILL HAVE TO BE ADDRESSED BECAUSE YOU CAN'T PUT A TRAIL ON TOP OF IT OR SOMEBODY'S GONNA END UP IN THE RIVER AND IT'S A LONG, LONG DISTANCE DOWN AND WE'RE GONNA HAVE TO FIGURE OUT HOW TO FIX THAT TO KEEP IT FROM CONTINUING TO SLOUGH OFF INTO THE RIVER. MM-HMM . OKAY. THANK YOU. SO I JUST, YEAH, HAVE A FEW COMMENTS. UM, THE DEVELOPMENT AGREEMENT AS IT STANDS, IS IN DIRECT CONTRADICTION TO A NUMBER OF THINGS THAT WE, THE PUBLIC, THE CITY HAVE SAID THAT WE WILL DO AND THAT WE WILL PRIORITIZE FIRST. THE COLORADO RIVER CORRIDOR PLAN FROM 2012, WHICH HAS BEEN REFERENCED, SAID, WE'RE GOING TO IMPROVE PROTECTION FOR LOCAL BIODIVERSITY PRESERVATION AND RESTORATION OF FLOODPLAINS AND NATURAL AREAS. THE CREATION OF PARKS, OPEN SPACES AND GREENWAYS ENHANCEMENT OF THE CORRIDOR QUALITY OF LIFE THROUGH LONG-TERM RECLAMATION. AND THAT'S SPECIFIC TO THE DOG'S HEAD. THE AUSTIN TRAVIS COUNTY COMPREHENSIVE FOOD PLAN FROM 2023. THAT WAS INITIATIVE THAT TOOK YEARS. THOUSANDS OF PEOPLE WERE INVOLVED, INCLUDING MY FRIENDS, FOUND AS SOMEONE REFERENCED, 0.06% OF OUR FOOD IS GROWN LOCALLY. IT FOUND THAT DURING WINTER STORM URI, WHICH I WAS PERSONALLY IMPACTED BY, THAT, WE ONLY HAD THREE DAYS OF EMERGENCY FOOD RESERVES FOR THAT DISASTER. SO GROWING FOOD LOCALLY IS NOT JUST HEALTHY, IT IS PART OF OUR CLIMATE RESILIENCE AS THE CLIMATE CONTINUES TO CHANGE. AND THE ONLY WAY WE CAN DO THAT IS BY PROTECTING OUR VERY SMALL, UM, AGRICULTURAL LAND THAT'S IN THE BLACKLAND PRAIRIE. UM, AND THIS IS PRIME, PRIME AREA FOR THAT. AND THE FIRST GOAL THAT WAS OUTLINED IN THE AUSTIN TRAVIS COUNTY COMPREHENSIVE FOOD PLAN WAS [03:45:01] EXPAND COMMUNITY FOOD PRODUCTION, PRESERVE AGRICULTURAL LANDS, AND INCREASE THE AMOUNT OF FARMLAND DEDICATED TO REGENERATIVE REGENERATIVE FOOD PRODUCTION LONG TERM IN AUSTIN, TRAVIS COUNTY, IT NOTED THAT BETWEEN 2007 AND 2012, APPROXIMATELY 5.4 ACRES OF FARMLAND WERE LOST IN TRAVIS COUNTY. EVERY DAY FROM 2012 TO 2017, ABOUT 16.8 ACRES OF FARMLAND WERE LOST EVERY DAY. RECENTLY BETWEEN 2017 AND 2022, AROUND 13 ACRES OF FARMLAND WERE LOST. EVERY DAY WE'RE LOOKING AT AN AREA 2,600 ACRES OF POTENTIAL FARMLAND THAT WE COULD USE TO HELP OUR COMMUNITY TO FEED OURSELF. AND WE'RE ABOUT TO SIGN IT AWAY TO A HUNDRED PERCENT IMPERVIOUS COVER THAT GOES IN DIRECT CONTRADICTION TO EVERYTHING THAT WE SAID WE WOULD DO NEXT, WE HAVE THE IMAGINE AUSTIN COMPREHENSIVE PLAN QUOTE. SUSTAINABILITY IS ABOUT CONSIDERING THE NEEDS OF PRESENT AND FUTURE GENERATIONS. AS A CITY, WE NEED TO RESPECT OUR NATURAL CONSTRAINTS, MITIGATE AND ADAPT TO CLIMATE CHANGE, AND CONSERVE WATER, ENERGY, LAND, AND OTHER NATURAL RESOURCES. THE CITY WILL ENACT PUBLIC POLICIES AND MAKE CHOICES ON THE BASIS OF LONG-TERM COSTS AND CONSEQUENCES. AND IT SPECIFICALLY CALLS FOR MORE PARKLAND IN SOUTHEAST AUSTIN. NEXT WE HAVE THE RAIN TO RIVER PLAN, WHICH SOMEWHAT IRONICALLY WAS PASSED BY COUNCIL THE SAME DAY THAT THIS DEVELOPMENT WAS PASSED. UM, THE PLAN STARTS WITH A LAND ACKNOWLEDGEMENT. IT RECOGNIZES THE ANOS, THE , THE COMANCHE, THE LIP ON APACHE, THE TONAH AND THE SAUNA, WHO ARE THE FIRST NATIONS OF THE DOG'S HEAD AREA. AND AGAIN, I'M REMINDED OF AN INDIGENOUS CREE PROVERB, WHICH I'VE SAID HERE BEFORE. AND I'LL SAY AGAIN, ONLY WHEN THE LAST TREE HAS FALLEN AND THE LAST RIVER BEEN POISONED AND THE LAST FISH BEEN CAUGHT, WILL WE REALIZE WE CANNOT EAT MONEY. AND SO NO POTENTIAL TAX BENEFIT 45 YEARS FROM NOW WILL DO ANYTHING TO FEED OUR POPULATION. WE'LL DO ANYTHING TO CLEAN OUR AIR, WE'LL DO ANYTHING, UH, TO PROVIDE WATER TO US. SO THERE REALLY IS JUST NO EXCHANGE FOR THAT. I ALSO WANNA NOTE WHAT OTHERS HAVE NOTED. THIS IS A CLASSIC CASE OF ENVIRONMENTAL RACISM. THIS IS AN ECONOMIC JUSTICE ISSUE. THIS IS AN ENVIRONMENTAL JUSTICE ISSUE. WHAT DOES THE COLORADO RIVER LOOK LIKE ON THE WEST SIDE OF TOWN? IT IS PARKS AND PRESERVES. WE HAVE THE MAYFIELD PARK AND NATURE PRESERVE, THE BRIGHTLEAF PRESERVE, THE WILD BASIN WILDERNESS PRESERVE THE M ALONG METROPOLITAN PARK, THE COMMONS FORD RANCH, METROPOLITAN PARK. AND THAT IS WHAT IT SHOULD BE HERE. IT SHOULD BE A PARK AND A PRESERVE FOR THE PEOPLE. I DON'T WANNA HAVE TO DRIVE ACROSS TOWN TO THE WEST SIDE OF TOWN EVERY TIME I WANT TO ENJOY GREEN SPACE. THAT'S NOT WHAT WAS OUTLINED IN OUR OWN CITY PLANS THAT WE INVESTED SO MUCH TIME AND ENERGY AND MONEY INTO DOING SO, LET'S BACK IT UP WITH ACTIONS. LASTLY, I I HAVE TO CALL OUT WHAT OTHERS HAVE, WHICH IS THE LANGUAGE THAT'S BEEN USED TO DESCRIBE THIS AREA. A QUOTE BOMBED OUT MIND PIT AND BLIGHTED LAND. I SPENT SIX HOURS THERE THIS PAST SATURDAY WITH NEIGHBORS TOURING AS MUCH OF THE DOG'S HEAD AS I COULD ON KAYAK, ON LAND, EVERY SINGLE ROAD. AND THAT IS NOT WHAT I SAW. I SAW TURTLES, I SAW BIRDS, GREAT BLUE HERONS, MORE GORGEOUS, PRAIRIE, BLACKLAND, PRAIRIE, ALL KINDS OF DIFFERENT SPECIES. I ALSO TALKED TO NEIGHBORS AND ONE IN PARTICULAR I WANT TO INVOKE TONIGHT 'CAUSE I TOLD HER I WOULD, HER NAME IS MARY. SHE'S IN HER EIGHTIES. SHE FIRST MOVED TO THE DOG'S HEAD IN 1978 AFTER THE CITY DISPLACED HER FROM HER HOME, UM, ELSEWHERE IN EAST AUSTIN VIA IMMINENT DOMAIN. AND SHE'S VERY CONCERNED THAT THE SAME THING IS GONNA HAPPEN TO HER AGAIN. AND SO, AGAIN, THIS HIGHLIGHTS THE, THE RACIAL INJUSTICE AND THE ECONOMIC INJUSTICE OF WHAT'S HAPPENING. I AM REMINDED SEEING ALL OF THE VIDEOS AND PHOTOS TONIGHT, SEEING THIS AREA FOR MYSELF, SPENDING SO MUCH TIME THERE OF THE GEORGE ORWELL QUOTE, IN 1984, THE PARTY TOLD YOU TO REJECT THE EVIDENCE OF YOUR EYES AND EARS. IT WAS THEIR FINAL MOST ESSENTIAL COMMAND. BEFORE I WENT THERE, I'D ALSO HEARD THIS NARRATIVE OF, OH, IT'S, YOU KNOW, FORMER MIND PITS. HOW, YOU KNOW, IT'S, IT'S JUST DESTROYED LAND. STILL IN MY MIND I'M THINKING, OH, THAT'S A PRIME OPPORTUNITY FOR PRAIRIE RESTORATION. YOU KNOW, THAT DOESN'T STOP ME. BUT THEN SEEING IT MYSELF, I WAS JUST COMPLETELY BOWLED OVER BY HOW WRONG THAT DESCRIPTION IS. SO I [03:50:01] THINK IT'S ON ALL OF US TODAY TO MAKE SURE THAT WE CORRECT THAT NARRATIVE AND THINK ABOUT. AND IF YOU DON'T BELIEVE ME, GO AND SEE IT FOR YOURSELF. GO AND SEE IT FOR YOURSELF. BUT I PROMISE YOU MY MOTIVATION TONIGHT IS NOT PROFIT. SO THINK ABOUT WHOSE WORD YOU TAKE ON THAT DESCRIPTION. AND THAT'S ALL. I'LL, I'LL, I'LL END WITH THAT. WE HAVE 10 MINUTES LEFT. THANK YOU ALL FOR BEING HERE, MADAM CHAIR. CAN CAN WE CLOSE JUST TWO MINUTES? 'CAUSE WE WANT YES, PLEASE. I WANT, I WANT TO EXTEND THANKS FOR THIS COMMISSION. I WANNA EXTEND FOR THANKS FOR ALL THE FOLKS THAT SHOWED UP. SOME OLD FRIENDS, SOME NEW FRIENDS. THIS BE, IN MY MIND BEGINS THE EARNEST CONVERSATION ABOUT WHAT CAN HAPPEN OUT HERE. THERE, THERE'S ONE THING I, I JUST GOTTA CLEAR IT UP. AND WE, WE GOTTA GET EVERYBODY AT LEAST CLOSE TO ON THE SAME PAGE. AND THERE'S NO WAY EVERYBODY WILL BE ON THE SAME PAGE 'CAUSE THEY'RE NOT IMMERSED IN IT LIKE WE ARE. BUT WHEN YOU GO OUT AND LOOK AT IT AND YOU SAY IT'S, IT'S, IT'S NOT A BOMBED OUT MINE PIT. I'M, I WOULD LOVE TO GO OUT AND SEE WHAT YOU SAW BECAUSE SOME OF THE AREA THAT YOU SAW THAT IS VERY NICE LOOKING. IT'S STUFF THAT HAS BEEN ALREADY RECLAIMED AND IT'S BEEN ALREADY, THAT'S, THAT'S THE ONGOING PROCESS. NOW. THE FOLKS THAT LIVE OUT THERE, THEY KNOW BETTER THAN ANYBODY AND THEY KNOW, THEY KNOW EVERY NOOK AND CRANNY. I'M SURE OF IT. 'CAUSE I KNOW IN MY NEIGHBORHOOD I DID EVERY NOOK AND CRANNY OF THAT SHORELINE AND WE'RE GONNA BE TALKING TO THEM ABOUT THOSE THINGS AND MAKING SURE THOSE ARE PRESERVED. WE'RE GONNA BE TALKING TO THE ENVIRONMENTALISTS AND, AND OTHER PEOPLE INTERESTED IN THIS ON HOW WE CAN DO THIS BETTER. THAT'S OUR COMMITMENT. SO WE THANK EVERYBODY AND THIS IS THE WAY AUSTIN DOES IT AND WE APPRECIATE IT AND WE WANT TO GET EVERYBODY ON THE SAME PAGE WITH THE SAME INFORMATION. AND IF WE'RE MISTAKEN, WE'LL OWN IT. AND IF SOMEBODY ELSE IS MISTAKEN, I HOPE THEY'LL OWN IT TOO. SO THANK YOU FOR HAVING US, AND A COWARD WOULDN'T HAVE SHOWN UP TONIGHT. THANK YOU. I THINK VICE CHAIR BRISTOL HAD ONE OTHER QUESTION. UH, I DO HAVE ONE QUESTION. UM, SO, AND I FORGOT TO ASK THIS EARLIER, SO, SO I APOLOGIZE FOR THAT. UM, DO, DOES MARTIN, UH, MORETTI, UH, OR ANY OF THE OTHER, UM, MINING COMPANIES, DO THEY HAVE WATER RIGHTS ON THAT PROPERTY THAT, THAT YOU KNOW OF THAT WILL TRANSFER OR CONVEY WITH, WITH THE SALE OF THE PROPERTY? NO, THE WATER RIGHTS HAVE STAYED WITH THE FAMILY AND WITH THE PARTNERSHIP. SO THEY'RE KEEPING ALL THE RIGHT WATER RIGHTS FOR THE ENTIRE 2,600 ACRES. WELL, THE WATER RIGHTS, THEY'RE HISTORIC WATER RIGHTS THAT BELONG TO THE PARTNERSHIP, NOT THE MINING COMPANIES. OKAY. THANK YOU FOR CLARITY ON THAT. THAT WAS IT. OKAY. ALRIGHT. THANK YOU ALL SO MUCH. THANK YOU. THANK YOU ALL. WE GOT SIX MINUTES LEFT TO WRAP UP THIS MEETING. WE'RE GONNA GO TO DISCUSSION AND ACTION [4. Approve the creation of a working group to organize and engage community stakeholders; advise the applicant, City of Austin, and City Council on the regulatory plan; and to make recommendations regarding the regulating plan of the Dog's Head development agreement. Sponsored by Vice Chair Bristol and Commissioner Brimer. ] ITEMS. NUMBER FOUR, APPROVE THE CREATION OF A WORKING GROUP TO ORGANIZE AND ENGAGE COMMUNITY STAKEHOLDERS. ADVISE THE APPLICANT, CITY OF AUSTIN AND CITY COUNCIL ON THE REGULATORY PLAN. I THINK THAT SHOULD BE REGULATING PLAN AND TO MAKE RECOMMENDATIONS REGARDING, OH, WAIT, OH, NOW I SEE. AND TO MAKE RECOMMENDATIONS REGARDING THE REGULATING PLAN OF THE DOG HEAD DEVELOPMENT AGREEMENT. ANY, YEAH, SORRY, I JUST WANTED TO LET YOU KNOW THAT WE DO HAVE SIX SPEAKERS SIGNED UP FOR THIS ITEM. OKAY. WITH THAT, I'M GOING TO MOTION TO EXTEND THE PUBLIC HEARING TO 10:10 PM SECOND, I REALLY QUICK. UM, I, AND I'M SECOND. GREAT. ANY OPPOSED? LET'S JUST CLEAR THAT OUT. ANY OPPOSED TO EXTENDING TO 10:10 PM PLEASE RAISE YOUR HAND. OKAY. WITH THAT WE'LL EXTEND YEAH. VICE CHAIR. UM, I, I DO WANNA POINT OUT, UM, IF WE'RE WE'RE, UM, EXCITED THAT YOU'RE HERE TO SPEAK, UH, IF, IF YOU DO WANNA JUST SIGN UP TO BE PART OF THE WORKING GROUP, YOU CAN ALSO DO THAT TOO. AND, AND WE CAN HEAR YOU IN THAT VENUE. OR IF YOU WANNA HAVE PUBLIC SPEAKING, YOU CERTAINLY CAN. ALL RIGHT, LET'S GO AHEAD WITH PUBLIC COMMENT, PLEASE. OKAY. THE FIRST SPEAKER ON THIS ITEM IS VALERIE MINARD. OKAY. UH, NEXT SPEAKER. CLAUDIA VOYEZ. OKAY. THANK YOU. . BIANCA GUERRERO. OKAY. UM, GAIL ROADIE. CRAIG NASER. LOVE TO BE ON THE WORKING GROUP. OKAY. ROY WHALEY. OH, CAN YOU TURN ON YOUR, UH, MICROPHONE PLEASE FOR THE ONLINE FOLKS? OH WOW. OKAY. HAVE I DONE IT? THERE WE GO. ROY WHALEY, LONGTIME ENVIRONMENTALIST. AND SINCE 1957 [03:55:03] WHEN MY FAMILY WAS WASHED OFF THE FARM ON THE NORTH SAN GABRIEL RIVER WHERE CLEAR CREEK RAN IN, WE HAD THE MOST FERTILE FARMLAND IN WESTERN WILLIAMSON COUNTY. AND WHEN THE DROUGHT OF THE FIFTIES BROKE, WE FOUND OUT HOW, HOW ALL THAT FERTILE FARMLAND WOUND UP THERE TOTALLY WASHED US OFF. SO I'VE BEEN AN ENVIRONMENTALIST FOR A LONG TIME. I HAVE A LOT OF DIFFERENT PERSPECTIVES ON THIS. I HAVE A REAL ESTATE PERSPECTIVE AS AN ACTIVE REALTOR, I WOULD LIKE TO BE A PART OF THIS WORKING GROUP. I BELIEVE I COMMUNICATE WELL WITH ALL PARTIES. WOULDN'T YOU AGREE? YES. SO I SAW YOU NOD YOUR HEAD ANYWAY. I WOULD LIKE TO BE A PART OF THIS WORKING GROUP. YOU KNOW, IN 1968 WE HAD RICHARD MILLHOUSE NIXON. NOW WE HAVE RICHARD MILLHOUSE SETTLE. I'D LIKE TO BE ABLE TO WORK WITH HIM. THANK YOU. IT WILL BE GOOD FOR RICHARD CHAIR. THAT CONCLUDES THE SPEAKERS FOR THIS ITEM. OKAY, THANK YOU. SO, UM, WE KNOW WE HAVE A COUPLE OF BENCHMARKS, UM, THAT ARE LAID OUT TO US RIGHT NOW IN THIS PROJECT. AND ONE OF THE NEXT BIG ONES IS THE REGULATING AGREEMENT, UM, WHICH SHOULD ARRIVE IN SOMETIME IN SEPTEMBER. IS THAT CORRECT, LIZ? UH, I MEAN, AS FAR AS I UNDERSTAND, THE REGULATING PLAN WOULD, UH, GO TO COUNCIL IN OCTOBER, AND SO THIS WOULD COME PROBABLY AROUND SEPTEMBER IS OKAY. CORRECT. THANK YOU. UM, AND, AND CHAIR, I JUST WANNA POINT OUT THAT, UM, FOR THE FOLKS THAT DID SIGN UP ON THE SHEET, UH, I, I'M GONNA GO AHEAD AND SCHEDULE MEETINGS FOR JUNE 22ND, 24TH, 29TH, AND JULY 2ND. UM, I KNOW THOSE ARE REALLY FAST, BUT AGAIN, IF WE WANNA TAKE ACTION, WE NEED TO GO AHEAD AND GET THOSE ON THE BOOKS. UM, AND I HAVE ALL YOUR EMAILS HERE. I CAN REACH OUT TO YOU, UH, AND WE'LL, WE'LL LOOK AT THOSE, UM, HOW TO GET THOSE GOING. OOPS. SO YEAH, I DO THINK THAT THIS IS, UM, AN IMPORTANT MECHANISM THAT WE HAVE TO GIVE FEEDBACK TO COUNSEL TO THE APPLICANT. UM, PERSONALLY, I AM HOPING THAT THE TOUR'S VOTE WILL BE EXTENDED SO THAT THE SEPTEMBER DEADLINE WON'T, WON'T BE THERE. BUT THAT'S WHAT WE'RE WORKING WITH FOR NOW. UM, SO MEMBERS OF THE PUBLIC CAN JOIN. UM, WE CAN HAVE, UH, A NUMBER OF COMMISSIONER SERVED SO LONG AS WE DON'T EXCEED, UM, OUR TOMA REQUIREMENTS. SO, UM, WITH THAT, I WILL ENTERTAIN A MOTION TO CREATE THE WORKING GROUP MOVED BY VICE CHAIR, BRISTOL. I'LL SECOND. SECOND. I SECOND. OKAY. I HEARD LUKI FIRST SECONDED BY COMMISSIONER LUKI. UM, ALL THOSE IN FAVOR OF FORMING THIS WORKING GROUP AS OUTLINED IN THE BACKUP, PLEASE RAISE YOUR HAND. THAT IS UNANIMOUS. SO THE WORKING GROUP WILL BE FORMED, UM, TYPICALLY WE DO APPOINT A CHAIR AND I IMAGINE THERE'LL BE A NUMBER OF FOLKS WHO ARE INTERESTED IN THIS ONE. I KNOW COMMISSIONER BRIMER HAS EXPRESSED INTEREST. IT SOUNDS LIKE COMMISSIONER BRISTOL IS INTERESTED. UM, ARE THERE ANY OTHER COMMISSIONERS WHO ARE INTERESTED IN JOINING THE WORKING GROUP AT THIS TIME? I'LL, I'LL SAY THAT I'M INTERESTED, BUT I DON'T WANNA TAKE UP A SPACE OF, OF SOMEONE ELSE WHO MIGHT WANT IT. OKAY. COMMISSIONER FIERRO. DAVE LOOKS LIKE HE'S THINKING ABOUT IT. OKAY. ALRIGHT, SO, GREAT. SO FOR NOW WE'LL HAVE, UM, COMMISSIONER BRIMER, COMMISSIONER FIERRO, VICE CHAIR, BRISTOL, AND MYSELF. UM, LET'S COORDINATE OFFLINE TO SEE, YOU KNOW, WHO WE DESIGNATE SPECIFICALLY AS THE, THE CHAIR OF THE WORKING GROUP. I DON'T KNOW THAT WE NEED TO DO THAT NOW, BUT I THINK IT COULD BE AN ALL HANDS ON DECK SITUATION. UM, ALRIGHT. ANY OTHER DISCUSSION ON THAT BEFORE WE MOVE ON? OKAY. SO NEXT WE GO TO FUTURE AGENDA ITEMS. AND OF COURSE YOU CAN ALWAYS EMAIL ME NICOLE VICE YOUR BRISTOL, BUT IF YOU HAVE ANYTHING NOW, GO AHEAD AND LET US KNOW. OKAY. HEARING NONE. I'M GOING TO GO AHEAD AND ADJOURN THIS MEETING. OH, JUST IN TIME. IT IS 9:59 PM I'M GONNA ASSUME THAT THERE'S NO, NO OBJECTIONS TO ADJOURNMENT. NO OBJECTIONS. HEARING NONE. WE ARE ADJOURNED. * 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.