City Council Regular Meeting Transcript – 9/26/2024 Title: ATXN-1 (24hr) Channel: 1 - ATXN-1 Recorded On: 9/26/2024 10:01:03 AM Original Air Date: 9/26/2024 Transcript Generated by SnapStream ================================== Please note that the following transcript is for reference purposes and does not constitute the official record of actions taken during the meeting. For the official record of actions of the meeting, please refer to the Approved Minutes. [10:01:03] I'll call to order the austin city council meeting of the, uh, austin city council. There is a regular scheduled meeting. It's 10:01 am on september 26th, 2024. We are meeting in the city council chambers, which is located in city hall at 3 0 1 west second street. We have a quorum of the austin city council present. Uh, what i will, uh, do, uh, right now is we will read cha read changes of corrections into the record, uh, and, and the i'll talk about the order that we, we will follow today. Um, and then we'll go to our consent speakers. But let me first read changes and corrections in the record. Item number eight is postponed to october 10th, 2024. Item number 15 should read item number 15 and ordinance authorizing the issuance and sale of certificates of obligation to the texas water development board will be postponed until the austin city council meeting to begin at 10:00 am on december 10th, 2024 at city hall 3 0 1 west second street, austin, texas, 7 8 7 0 1. Item 47 is withdrawn. Item 60, withdrawn and replaced by addendum item number one 13. Item 76 should read to be taken up after council member fuentes requested executive session item number 78 withdrawn. Item 81 public hearing to be taken up after executive session. Item number 84, postponed to october 10th, 2024. Item 100 withdrawn and replaced with item 1 22 on a hfc. Item number one is withdrawn and replaced with a hfc item, eight items three and four, postponed to october 24th, 2024. Let me also read, uh, into the record a couple of things related to appointees for the bond election advisory task force. Uh, at the request of council member harper madison. Two names are being added. De we smith and luke metzker at the request of council member ryan, alter the name bo dell. What we will, now, What we're going to do is we're next going to go to the consent items. The items that have been pulled off the consent agenda are item 12, item 13, item 14, item 38, and item 75. What? I wanna add one to that when you get to it, which, okay, go ahead. Tell me which one. Um, i think it's seven. Is it 75? Yeah, i just, i just, i got that. Did you say 75? Yeah, i did. Okay Yeah, thanks. Um, uh, in anticipation of that, so thank you. Let me, lemme say 'em again for clarity. Items 12, 13, 14, 38 and 75 have been pulled from the consent agenda. Uh, the way we're going to do, uh, what we'll do is everybody will have three minutes to speak. I'm sorry, council morale? Um, i had pulled 72. Uh, okay, i didn't know that. I thought that would've been put back on. All right. Okay. Item 72 will also be pulled from the consent agenda. So what that does is we're, we're now, we we're gonna go to, we'll go to the consent agenda. Um, we'll hear speakers on the consent agenda. We'll have comments from counsel and discussion, and then we will vote on the consent agenda. Uh, once will, will be taken up after that's the [10:05:01] Counsel will once well will be taken. Yeah, that's why it's not on the consent agenda. It's a non-consent item because it relates to council procedures comes after the executive session. Okay. Let me run through everything. We're not going to take on the consent agenda. A hfc will not be on the consent agenda. Um, we will take up, we, well, i'll just go in this order as near to 10 30 as we can. We will take up a hfc and remember the changes of corrections i just read in the record. Then we, at or near that time, we will take up pooled items 12, 13, 14, 38, 72 and 75. At some point in there, we will have a briefing regarding item number 80. At some point after that, we will go into an executive session and, uh, we will address certain issues that we will, i'll bring up at the time. Uh, i seek a, a mo, we, i seek a postponement or a re recess to go into executive session. We will then take up items that are typically listed as non-consent items. Item one 12, which will be taken up after the executive session. Item number 76, which is an item from a council committee. We will also take up imminent domain, which number se item number 77. But item number 78 has been withdrawn. We will then have public hearings on item 81, 82, 83. Item 84 will be a postponement to october 10th and item one 17, we'll of course we'll have our 12 o'clock time certain for public communication and live music. And then we will have our zoning and neighborhood planning time certain as near to, uh, the two o'clock time period as we can. Alright, we're now going to go to the con uh, to the items that are on the consent agenda. The way we're going to, uh, do public comment on this is we want to hear from everybody. Everyone will have three minutes. Uh, but we're gonna go item to item so that the council gets to hear from people regarding a sp the specific item that is up and out of fairness to people that are here to speak on just one item. But it may be item number, uh, and i'm making up a number, item number 20 and, and, and, but somebody came in on item two and 10 other items, uh, takes up a lot of the, the time on all of those. We'll just go item from item and here on each individual item as we go forward. So with that, i will turn to the city clerk's office and ask, uh, you to begin the process. Thank you, mayor. First speaker, item two. Rita ross, item six, amanda brown, william bunch, bobby levinsky. If your name's been called, please come on down and just state your name into the record. Thank you, mayor and council. Bobby lavinsky, sail springs alliance. I'm here to speak in opposition item six, which is a service extension request in the las creek area. Um, we're supportive of the staff recommendation on it and the environmental commission recommendation on it, which is to not extend the service extension request to that site. Um, we did meet with the applicant. Uh, i, we empathize with the app This is one of those situations where it'd be really helpful to have staff briefings before, um, . But we did meet with the applicant. Um, they were helpful for, um, uh, they, i think they do want to do, uh, a product that is not too intensive, but, um, they were trying to get a private agreement with us where we would be enforcing in perpetuity, um, reliance on the sos ordinance. Uh, that situation was a little bit too complicated. Um, and i think that just generally sticking to the precedent of the city of austin to not use our service extension request in a way that would increase development. That would be in non- compliance with the city of austin's environmental standards. It's just a better precedent. And there, um, there are alternative would be to simply just to annex into the city. Um, again, it would be really helpful to have staff presentations for these cases. Thank you. Speaking on the merits of the postponement for item eight. William bunch, item six. I'll just, i'll pass on and i support bobby's comment. Item 16, william bunch. Item 36. William bunch, item 40. Joseph horn. Mr. Bunch. Are you gonna speak on those other individual items? Couple of them. Good morning. Thank you. I have the metrics court. I'm not too sure which items are items, but there's a few things. I checked off this and i know [10:10:01] It's a major city concern is, uh, the watershed wash waste, um, was be a good idea. As all these spill spillways is designed for flood control. Screen them up so the trash and debris don't go down into the sewers. That would be a good start. And forest it literal in law would be another good idea to help the waste in the city too. Also, there's just a lot of things the city could really do to make this an awesome, awesome place to stay. Um, public restrooms would be a good sanitary issue. Um, that would be placed someplace like the bus terminals would be a good idea. The major thorough repairs, you know, um, i'm kind of nervous up here, so i'm kind of lost. You're fine. But, um, anyway, um, there's a lot of good things i have to being forth and there's just not enough time to suggest put the suggestions down. But if i could get some time to some of your council members, i'd like to put down some things on paper for y'all. Thank you. Thank you, william bunch. Item 16. Uh, thank you mayor council bill bunch is speaking as a citizen taxpayer rate payer. Uh, this item is a million dollars more for mueller subsidies. Um, mueller is not a low income area environmentally or, uh, economically distressed area. We've been subsidizing that project for way too many years. Uh, starting with basically free land. Um, this is a million dollars you should save. Um, and we should cut off, uh, the turs that's out there and we should get a comprehensive audit and analysis of all the spending that's happened at mueller and evaluate, uh, whether we got a good deal. As, as far as i'm aware, nobody's looked at that, but certainly mueller is now a high end development, um, that we put a whole lot of taxpayer money into. We shouldn't be putting any more into it. So please vote no on item 16. Bill bunch. Item 36. Um, item 36, as i understand it, limited information there. $1.6 million for the convention center demolition and total reconstruction. Um, you're set for a briefing on this today. Uh, i would ask that you postpone this item until the, after the briefing, um, so that you can consider this spending and so that you can allow people to speak with, uh, information that's relevant. Uh, so that would be my, i guess a point of order and request on this item. William ine of 40 and then joseph horn. Item 46. Um, item 40 is, uh, $2.5 million for the south austin regional wastewater treatment plant. Uh, this is in parallel with the $1.1 billion that you all voted for to expand the walnut creek wastewater treatment plant. Uh, that 1.1 billion was approved just a few months ago. Um, even though there's no urgency for that project. And even though if you look at outsid [10:13:28 AM] lo at outside, if you look at what's been happening to our water supplies over the last 15 years, we're not going to have water to convert into more and more sewage, y'all approve that $1.1 billion without asking a single question about it? You approved it on consent, as I recall. If I'm incorrect, please correct the record, the staff has admitted that that expenditure was not urgent or required because we're not at the 90% of capacity, the water utility. And this is just the tip of the iceberg. You've been approving spending on capital projects for both water and wastewater, as if there's no drought happening. As if climate change is not decimating our available water in our future. [10:14:30 AM] available water in our future. And as if, the construction companies for these giant projects, are in full control of our utility. No meaningful questions are being asked. This item, 42.5 million, should be put on hold with everything else until the water utility recommits to conservation instead of going backwards. For the first time in the history of this city and going backwards on our conservation goals, we need to be racing towards being a water efficient city instead of spending week after week after week building and expanding our water utility. When we have no water to in our future to fill up these expanded facilities so please, put this on postponement. Get a [10:15:32 AM] postponement. Get a comprehensive meeting set on just our water utility spending and our water utility plan, because we need a different future for our water utility. That is sustainable and that's affordable. Literally, we can be saving billions of dollars and saving water at the same time. >> Joseph horn, item 46 William bunch, item 50. >> Yeah, like I said, there's a few things I was concerned about. I think it was important to the city, one of them is the police department funding, yes. We need to do that so we can have more extensive training, they need help out there. We don't need to defund it. I think we need to promote some more responsibilities out there enforcing and littering law would be a good idea. That would help us in alliance and help make the city a little prettier. [10:16:33 AM] make the city a little prettier. Thank you. Thank you. >> Mr. Bunch, you want to speak on the next item that you were called on? >> Yes, yeah. I signed up for item 50. It would be really nice if y'all actually tell the public what the item is about, since and so people could follow along. This item, as I understand it, with the limited information and posting, is a blanket delegation to the city manager from this body to choose the type of procurement process for a major projects. Construction manager at risk more traditional bidding practices, etc, this is a huge deal, do we have any meaningful information? Have you all been briefed on, you know, what is our practice with construction [10:17:33 AM] our practice with construction manager at risk? Because when I've looked at it, that's a false label. The construction manager is not at risk, that label is often paired with the other tmp total maximum price, which is another built in lie because regularly when we've done construction manager at risk total maximum price, we've gone back and added more money to the project. We need some integrity in competitive bidding, again, this is like hundreds, billions of dollars throwing out the window. And here you are in this sort of consent item, throwing a critical decision on these large construction projects, capital improvement projects, debt projects into the back room and [10:18:34 AM] projects into the back room and letting the city manager do what he wants, you really shouldn't be doing this. Thank you. >> Joseph horn, item 54. And then Joseph horn for item 55 on deck. Elise Faria for item 57. >> Thank you. I know I need a little bit of time. I'm surprised that I was able to come up here because it's often so, not too sure which one this is, but, the wastewater, we want water improvement. Maybe we should stop pooping in the water. We're killing this planet for our own creature comforts. And that's just an honest opinion. Anyway, that, I don't like what I'm seeing on the media as far as the political debates, we need common sense out there. And I think you know, my what I've been seeing, trump is the answer. So I'm a pro supporter of positivity anyway. [10:19:36 AM] supporter of positivity anyway. So thank you. >> You're also entitled to speak on item 55, which is related to a grant application with the state of Texas. >> Sure. >> You're also entitled to three minutes to speak on item number 55 regarding submission of an application and accepting a grant from the state of Texas. Okay, well thank you. You had signed up to speak on that as well. If you have something you want to say about that, trash would be a good thing for like the watershed and stuff. >> Enforce the law because the grant application we did that one already and, the facilities and the facilities would be a big plus. I see half the places that are locked up that are available now, and they should be monitored a little bit better. I think we design them. We could have more space for public. And I think, republic square is a good place to start because that's a really bad design for that many people. Only two restrooms. Thank you. All right. >> Thank you. >> Mr. Horne, did you want to speak on item 55? [10:20:38 AM] speak on item 55? >> I think that that's what I just asked him to speak. >> Oh, sorry. Mayor, Elise Faria, item 57. Scott Johnson, item 74. >> Mr. Johnson, if you don't mind, come down and be on the front row so you'll be ready. >> Hi. >> Good morning, I've never been here before, so thank you for letting us come and speak. My name is Elise, and I know that the you guys are up to debate or talk about, money given for investigation of sexual assault, I could find no information as to whether or not they designate, sexual assault, investigation for children versus adults. And so I'm coming here to speak about my experience. Both of my children were investigated at the center for child protection. For sexual assault. They have been twice, once in 2020 and once in 2022. And as you consider the grant money and whether or not you [10:21:38 AM] money and whether or not you would ever either oversight oversee it or what it would be allocated for, I would like you to consider the following. That physical inspection of evidence includes things like anatomical drawings made by the people who are being, who are the victims, or evidence submitted in my case, as the parent that was submitted the day that they were interviewed at the center for child protection, and those things were uploaded into evidence, blockchain software that was approved as an upgrade a couple of years ago. Instead of using forensic interviews recorded on cds, it is supposed to be unable to be lost, when I subpoenaed that video for the children in order to try to pursue or understand what had occurred, I was told by the Austin police department that the videos had been lost, they said nothing else. Other than after a diligent search. None could be found, so then the following week, I filed a motion to reopen evidence, with Jessica Mangrum in the 459th district [10:22:39 AM] Mangrum in the 459th district court and the police officer, his name is detective Brandon Poe. Please don't forget it. He is in charge of all child sex investigations in the five surrounding counties. He filed a protective order for himself using city money. He had Christopher Coppola, who is a city of Austin attorney, come and, provide a motion on his behalf in order to not testify in my family law case about what had happened with my children. So they were not answering about where the videos were regarding the evidence because the things were uploaded to the software, they were no longer available in evidence, so they offered no remedy. They used city money to come and fight for the police officer to protect him, rather than to protect the child. And it's now been two years. And so as you approve or disapprove the money for that, if you do, I strongly encourage that you would provide some oversight for how they spend the money, [10:23:41 AM] how they spend the money, because it doesn't mean just because you give it to them that they're going to be using it for the proper purposes. In my family's case, nothing has ever been done. No remedy. And then I use the citizens oversight committee. I was one of the first people after you approved it last year to have a complaint submitted, and when I did so, I was not allowed to find out the results and nothing has ever happened. Thank you so much. >> Thank you. >> Scott Johnson, 74. >> Good morning, mayor, council members and Mr. City manager council member quadri, I do support this item. >> I hope the money is spent well and there's not very many opportunities through the public health committee or particularly through the council, to talk about student or youth homelessness. I created the homeless student assistance fund, as some of you know who've been on the council since 2022 and before, this is giving money to school districts. Their project help programs such as aid and the others that are in [10:24:44 AM] aid and the others that are in Austin energy service area. And I wanted to bring to your attention the amount of student homelessness for aisd has increased dramatically. 2021 and 2022. It was 183, and this past full year it got up to close to 1900. We don't have any programs within the homeless strategy office that deal exclusively with student or youth homelessness. There are programs that help mothers who are single moms and their children who are homeless. And that's positive. In the last full year, they're going to give the money to the school districts in about a month or less. Austin ISD, their program got about $15,700, which is something, and it's not restricted, which they love. And for example, in the community, saint David's foundation is a very prominent and respected group. And when they gave money last year, they gave the most amount of money to lifeworks, which doesn't work exclusively [10:25:44 AM] which doesn't work exclusively on student homelessness. But that's one of their primary focuses. And that's important to know. What I would like to do is like to have the public health committee, chaired by councilwoman Fuentes and the other members of that have a presentation from David gray and others to talk about student youth homelessness, how the city can help focus on that area more students who experience homelessness are much more likely to be homeless as adults, and this is an important factor that I hope you all will understand and consider when you're spending a substantial amount of money, much more than this agenda item on places for what are basically or almost solely for adults, both male and female, who are experiencing homelessness, we need to focus on student and youth homelessness to try to break the cycle of poverty and homelessness that moves forward. I'm happy to answer any questions. >> Thank you for being here. >> You're welcome. >> Mayor, just a quick note. We [10:26:45 AM] >> Mayor, just a quick note. We are getting remote calls from numbers that are not registered, so we can't admit them so that concludes all the consent speakers at this time. >> Thank you very much, members, as you just heard, that concludes the consent speakers on on those on the items that will remain on the consent agenda. But let me ask first, are there any council members that would like to pull another item or any other items from the consent agenda? Okay. With that being the case, yes. >> I would like to pull six. >> Okay. Item number six will also be pulled. Okay, what I'll do now is seek a motion on the consent agenda as it's been read, and I'll get a second and then we will go to discussion. The council member Kadri moves, [10:27:47 AM] The council member Kadri moves, and council member Harper Madison seconds adoption of the consent agenda as read. And now we'll go to discussion with regard to the consent agenda. And I want to start first with council member Allison alter, because she has a motion that. Yeah, that she has a motion that gives direction to the manager. And I'm going to look at that as a motion to amend the consent agenda motion so that we if the council wants to follow that direction. So, council member Allison alter, I'll recognize you first. >> Thank you. So appreciate that. So I posted the rationale and the direction for item 50 on the message board earlier this week, and for item 50, which is the item that allows the city manager to determine procurement methods, this the direction is that the city manager's directed [10:28:49 AM] that the city manager's directed to develop an additional communication method to notify council of the issuance of major solicitations and contracts of large dollar value and or high public interest, including those solicitations that would have been subject to the procurement method. Authorization now delegated to staff. >> Council member Allison alter moves that the consent agenda motion be amended to add this direction to the manager on item number 50. Is there a second? Seconded by council member Ryan alter, discussion on the motion to amend council member alter, I'll allow you to close if you wish to say anything more. All right, without objection. Council member Allison alters motion to amend the consent agenda, a motion as it applies to item number 50 is adopted. Now, we will go back to the main motion, and I'll call on any members for discussion of the main motion to approve the [10:29:49 AM] main motion to approve the consent agenda as read and as amended. Discussion. Councilmember Allison alter, thank you, >> So this is another agenda that is packed with important items that many of us have worked on for quite some time. This agenda includes some critical investments in our airport expansion, which we're going to talk about again a little bit. Energy efficiency, solar and purple pipe items. This morning I want to highlight three items in particular, first I want to highlight item 45, which is a contract for sexual assault review services for cases that were closed. A previous contract provided a review of cases closed in 2021 and 2022. This contract will continue those efforts for cases closed in 2023. As many of you know, this is an effort that is part of the comprehensive evaluation of our sexual assault system called the perf study that we completed a few years ago. This is an important process that is going to help us to continue our work, to improve our responses in sexual assault [10:30:50 AM] our responses in sexual assault cases. Once we implement the recommendations from the per study, we're not done. We have to continually be improving these processes, recently there was a story in usa today, about the national effort to test the backlog of rape kits and some of the challenges that have come with that. We know that testing alone is not enough. There must be an effort to pursue some of these cases. Austin has made important progress in our response, but there's still more work to do. I, and I believe this dais as a whole, are committed to continually improving our response and to pursuing both healing and justice for survivors. That path has not always been straight nor without obstacle as that article suggested. But we are and will continue to move forward. Second, I want to take a moment and thank my colleagues for supporting item 73, which will officially make the deca small business opportunity summit an annual city co-sponsored event. [10:31:51 AM] annual city co-sponsored event. This action recognizes the important work of the diversity and ethnic chamber alliance and affirms our commitment as a council to help grow small businesses in the Austin area. The small business opportunity summit brings together small business owners with critical information and support like tech assistance, business development expertise and access to capital. During my time in office, I've worked with dec and our economic development department to reimagine how we can leverage the collective knowledge of the four minority chambers and to find new and creative ways for them to work with the city and with each other. The summit, together with the development and implementation of our regional economic equity development plan, are some of the key steps we are taking to ensure our business landscape supports our small business owners, and particularly those who face significant barriers when it comes to equity and opportunity. I look forward to continuing to work with everyone involved in this effort. Finally, colleagues, I want to talk about item 82, which I'm very excited to see on this agenda. This is in response to a resolution that I brought earlier this year to [10:32:52 AM] I brought earlier this year to waive street impact fees for child care centers, as recommended by our impact fee advisory committee. We know the margins for these businesses are slim, but their impact is huge. Every effort is required to support these small businesses as they enable our economy to realize its full potential. As we heard in July, the street impact fee is burdensome to child care providers and can impact their decisions to expand the small businesses and serve more families. For one local child care provider in particular, this fee was close to $11,000, a cost that almost upended their expansion project. We also know that the money providers will save from our action today will be reinvested back into their business, strengthening their programs and expanding the recruitment and retention of their employees so they can serve more children. As early matters greater, Austin noted. With over 5000 children on a two year wait list in Travis county for a subsidized child care slot, Austin can't afford to pass up any opportunity to help create new seats as a diocese, we have taken notable steps to support and bolster this sector, and I [10:33:52 AM] and bolster this sector, and I know we have some exciting opportunities on the horizon. To do even more, I want to thank our transportation and public works staff and our legal staff, including nato bear, irina min and Angela Rodriguez and director Mendoza. For your prompt response to my original resolution. And thank you to our local providers success by six coalition and early matters, greater Austin, for your continued advocacy for our children. Thank you, thank you. >> Council member, council member Kadri, followed by council member Ryan alter. >> Great. Thank you, mayor, first and foremost, I just want to thank council members, Velasquez and Fuentes for their work on the domestic violence awareness month. And thanks, Jose, for passing out all the all the pins, and want to thank councilmember Allison alter on her work on items 73. And I'd be I'd love to be added as a co-sponsor to that item. >> Without objection, councilmember Cordray will be shown as a co-sponsor of item 73. >> Great. >> Thank you. And then I just want to quickly touch on item 74. I'm really excited that we're bringing this item forward. It's going to be it's [10:34:52 AM] forward. It's going to be it's to fully fund a one year pilot for street outreach in the downtown area, it's going to the program is going to provide critical assistance to our unhoused neighbors in downtown and reduce the need for APD response in terms of police and unhoused interaction. So I just want to thank the budget office for working with our office on this item and want to thank the co-sponsors, mayor Watson and councilmembers Ryan alter Fuentes and vela. >> Great. Thank you, councilmember Kadri, councilmember Ryan alter, followed by councilmember Fuentes. >> Thank you very much. >> I'm going to pick up right where councilmember Kadri left off. I had the opportunity to go to San Francisco and see this program in action in an area of the city that was that had real struggles in the tenderloin of San Francisco. And you walked in this area where the heart program was being used, and it was night and day different from areas outside of where the program was being deployed. And so I called, councilmember Kadri and said, we really need to get [10:35:55 AM] and said, we really need to get this here in Austin. And he said, oh, we're doing that. And I said, well, we need to do more of it. Then and so I'm really excited that that that's exactly what we're doing today, bringing a very successful model to, to greater areas of our community, because I think it's going to have a real impact as well as what we're doing today as as it relates to the arch and continuing that operation, there. So thank you so much for bringing this and continuing this work. I think it's going to be really impactful. I also want to just quickly mention, item 69. Councilmember Velasquez is historic preservation item, you know, we often see creative spaces in our community face the same affordability challenges that we talk about as it relates to housing, and so I think it was ingenious for councilmember Velasquez to recognize the opportunity of our growing historic preservation acquisition fund to bring an item that allows us to actively acquire and preserve historic [10:36:57 AM] acquire and preserve historic buildings, but and make sure those facilities are available to arts, music and community groups. And I think this is just one of many examples where we can utilize funds to achieve more than one goal at a time. Lastly, just a few notes about item 75, which was an item I brought forward today that's been pulled, that's been pulled. So I'm going to wait to talk about it then. Thank you very much. >> We appreciate the precursor, but yeah, great. Thank you. Councilmember Fuentes. And then do you wish to be called on again? Why don't you do that real quick. And then we'll go to councilmember Fuentes, >> No, I just wanted to thank council member Ryan for his kind words. When he called me, I think he was in California on a vacation. So my first thought was, why are you calling me when you're on vacation, but then. But we had a we had a nice chat about the, the heart program. So >> Thank you, councilmember Fuentes. You're recognized. >> Thank you. Colleagues, I'm excited about a couple of items on our agenda that moves [10:37:59 AM] on our agenda that moves forward. The airport expansion program. As you all know, our airport is over capacity. It was built to serve 15 million passengers, and we are currently serving 22 million passengers a year. And so I know one of the airport items has been pulled, but I wanted to speak overall to what this means for us and expanding our airport. We're moving forward on building a new terminal which will have 20 new airline Gates and new arrivals and departure hall, a new underground tunnel. I mean, we are totally reshaping the experience that austinites and travelers will have in our airport while ensuring the safety of our workers at the airport. These are all meaningful actions, and there's just so much opportunity here, particularly with the mayor's infrastructure academy, to ensure that we have the necessary workforce to deliver on that expansion program. So I want to thank our leader for her leadership ensuring that we can deliver this expansion program on time and under budget, and thrilled to have your support with this expansion program. >> Great. Thank you. Council [10:39:00 AM] >> Great. Thank you. Council member, councilmember Allison alter, you should be recognized again. >> I yes. Thank you, I just wanted to, ask the city manager with respect to item 74, which is the program that council member Cordray just mentioned for the heart program, I do have some remaining concerns about where the funding is coming from. I understand there may be some arpa money, I think staff was trying to be very proactive and identify a particular pot of money for that, but that it seems like there's some additional information from public health that needs to be incorporated before you determine where that money comes from. That money right now would be coming from funding that would be allowing us to do ad hoc. Our our some of our public information campaigns related to public health, for vaccine promotion, for instance. So we get no money for covid vaccines. So I'm not sure that it's as straightforward in terms of where that pot of money is coming from. So I want to ask [10:40:00 AM] coming from. So I want to ask the city manager to make sure that you, before you come back to us with that recommendation that all of the staff who are involved and where that money would be coming from, because I believe that money is already encumbered, that that we have those conversations and that we really take into consideration the trade offs that are involved, my hope is that there is other money that could be used, but I think we really need to understand what we're giving up. You know, when you come back for with that item for us to allocate the funding. >> Thank you. >> Thank you. Council member. Mayor pro tem. >> Thank you. Mayor. I noticed on item number 114, which is council member Ellis fee waiver for the circle C Turkey trot, that there was still some, outstanding. And I wanted to add $300 to that waiver. >> Thank you, thank you, thank you very much appreciated. >> We don't get a lot of events in district eight, so we appreciate you. >> All right members, that completes the discussion on the consent agenda as amended, is [10:41:01 AM] consent agenda as amended, is there any further discussion? Is there anyone wishes to be shown abstaining from any vote on the consent agenda, any item on the consent agenda? Anyone wishing to be shown recusing themselves from a vote on an item on the consent agenda. All right, anyone wishing to be shown voting no. I have council member Kelly being shown voting no on items three, four and five. Is there anyone else wishing to be shown voting no on an item? All right, without objection, the consent agenda as amended, is approved with council member Kelly being shown voting no on items three, four and five, and council member Harper Madison off the dais. Members. Without objection, we will recess the meeting of the Austin city council at 10:42 A.M. [10:45:04 AM] I will now call back to order the Austin city council meeting, and we will go to items that were pulled from to items that were pulled from the consent agenda, the first item being item number six. And I'll recognize council member Ellis with regard to item number six. >> Thank you for the recognition, mayor. I can be fast. If staff's not opposed, I'd move to postpone this item until the 1010 meeting, I need a little more time to unpack it. I understand the applicants have been very proactive, which I appreciate, we've been able to gather some information, but with watershed and the environmental commission not supporting it, I just wanted a little more time to be able to look through it. So I moved to postpone item number six till the October 10th meeting. >> The motion is to postpone item number six to the October 10th meeting and seconded by the mayor. Pro tem. Do you want to say anything? No. All right, is without objection. Item number six is postponed to October 10th, 2024 with council member Harper Madison off the dais. That will take us to item number 12, and on item number 12, I will recognize council member Kadri to begin the discussion. >> Council member. Great. [10:46:05 AM] >> Council member. Great. >> Thank you. Mayor, everyone should have, those nifty yellow pages in front of you for item number 12. I just want to thank staff for all their hard work on this policy. And the staff's worked really diligently, and it's been years in the making, to revisions to our chapter three policies. So the amendment just request that the feedback loop between stakeholders and staff stay open so that any revisions can be made in a timely manner. So while I recognize there's more work to be done, I'm excited to see what this offers for our community. >> Great. >> Thank you. Council member, members, I want to recognize council member Kadri's comments as a motion to adopt a motion. A motion to adopt item number 12 is seconded by the mayor pro tem, mayor council I we do have a speaker. >> Okay. >> Appreciate you letting me know. And then what I'm going to do is, is council member Kadri moves to amend item number 12 as represented in the yellow motion sheet that you have in front of you. Is there a second to the motion to amend as mayor pro tem [10:47:07 AM] motion to amend as mayor pro tem move seconds. The motion to amend. Before we go to the speaker, I also want to recognize council member Ryan alter. It's my understanding you also have a proposed motion to amend. >> That's correct. This is the motion that was sent out that would just ask the manager to talk to our other taxing entities, whether that's the county or others, to just enhance this program, to see if there are additional benefits that they might also bring to the table to make this a more functional program, councilmember Ryan alter moves to amend item number 12 as well. >> Is there a second to the motion to amend? Seconded by council member Kadri members, we now have a motion to adopt item number 12, as amended. And there are two amendments. >> I got a question. >> Okay. Hang on. As amended by council member Kadri and council member alter. I'll recognize the mayor pro tem. >> We will need some, agreement between these two because [10:48:09 AM] between these two because they're both amending part three. >> Right. And I'm counting on the legal department to just make them, to harmonize. Yes harmonize? Yes. >> The word I was searching for. >> Thank you, thank you. >> All right, now I'll turn to the city clerk. Appreciate you calling my attention to the speakers. And let's let's hear from the speaker. >> Thank you. Mayor William bunch, item 12. >> Thank you, sir. >> That's all the speakers. Mayor. >> Okay, members, we have no further speakers on item number 12, as amended. Discussion with regard to item number 12, as amended. Hearing none. Yes council member Alison alter. >> Thank you. Council member Carter, I appreciate you bringing the amendment. I think it's really important that we have some feedback loops. This is a very promising program. I think it's one that we all want [10:49:11 AM] think it's one that we all want to work. We want it to work, you know, for expansions where where our assistance can really make the difference, for, for those particularly for the place based programs, there are some elements of the program that I think, as it plays out that we may see, prove problematic for some of the types of organizations that we are trying to support, and we are going to have to make some decisions on some of those trade offs. Some of those are things that we very, very highly value. And we want those to be part of the programs, but they may just mean that we are not able to achieve the other objectives here. And we're going to have to see in the on the ground how those played out. I know there was work that was done to address some of those things by like allowing tips and other things to count towards the living wage. But, you know, for some of these things, there are some issues, I also want to ask that as we move forward, that we work [10:50:11 AM] as we move forward, that we work hand in hand with Raley Austin, our economic development corporation, particularly for those creative space, place based, items in the community area, I think they have a lot to offer. They have examples where we can run the pro Formas and see how this plays out and how this works, and come back and see if we need to make adjustments, I don't have a particular amendment, but I did want to highlight those, enormous amount of work has gone into this, and I think that these are very important to try, but but I don't know if we're going to get it right on this iteration. And we may need to do some more work just because it is so complicated. And we are working with an economy that is shifting. >> Thank you. Councilmember, any further discussion with regard to item number 12, as amended then without objection, item number 12 as amended, is approved with council member Harper Madison off the dais. That will take us to item number 13. And I'm going to recognize, [10:51:12 AM] 13. And I'm going to recognize, first council member Ryan alter. He has a motion to amend members that you you've had council member alter, I want to recognize you first on a motion to adopt item number 13. But please explain your amendment and then I'll recognize you on the amendment. >> I move adoption of item 13. >> A motion has been made to approve item number 13. Is there a second? Seconded by the mayor pro tem. Now council member Ryan alter, I'll recognize you on your motion to amend. >> Thank you very much, mayor. This is a direction like the item 12 direction. We worked with atp or I'm sorry, the Austin. I'm forgetting our atp office, but Austin transit partnership, you have to forgive my brain fog at the moment are are the cities office, not atp entity separate with an eac. Right. Thank you, but anyways, it is to work with them just to explore, how we might be able to [10:52:16 AM] explore, how we might be able to better incentivize businesses that we would like to participate in this program to be within our Todd's. Todd's, because it is consistent with what our goals are for those areas. Great, >> Council member Ryan alter moves to amend. Item number 13. Is there is there a second? Seconded by council member vela. Any further discussion with regard to the motion to amend this vote will be on the motion to amend, without objection, mayor. >> Yes, we do have a speaker. >> Okay, on the motion to amend. Oh nope. Okay. No, sir. Thank you, without objection, the motion to amend is approved. With council member Harper Madison off the dais. We're going to go back to the main motion, which is to adopt item number 13, as amended. And I'll turn to the city clerk. >> Thank you. William Bunge, item 13. >> All right. Thank you, sir, is there any further discussion on [10:53:17 AM] there any further discussion on item number 13, as amended, without objection, item number 13, as amended, is approved with council member Harper Madison off the dais, members that will take us to item number 14, item number 14. I want to recognize council member Kadri, and I will first recognize him for a motion to approve item number 14. And then I will recognize him with regard to a proposed motion to amend, council member Kadri moves approval of item number 14. It is seconded by the mayor pro tem, now, I recognize councilmember Kadri to talk about his proposed amendment. >> Great. I'm glad to see this item come up as well. And once again, there should be a yellow sheet at everyone's desk. I want to thank staff for all their hard work on item number 14, the amendment request that the new funding model completed by the consulting firm is brought back to council. It provides us the opportunity to review and approve the model, ensuring that we have the conversations we need to have with stakeholders and staff. So again, it's this is one tool in the toolbox and I look forward to working with [10:54:17 AM] look forward to working with staff on creating more options for people in the coming years, including gap financing, options, resources and other incentives. >> Thank you. Council member Kadri moves, to approve the his motion to amend number one on item number 14. Is there a second to the motion to amend? Seconded by council member villa, any discussion with regard to the motion to amend hearing? None. Without objection. The motion to amend by Kadri for item number 14 is approved. That takes us back to the main motion on item number 14, as amended. And I'll turn to the city clerk. >> Thank you. Mayor. One speaker, William bunch. >> Mr. Bunch, are you going to speak on this item, there being no speakers on item number 14, is there any further discussion on item number 14, as amended? Without objection, item number 14, as amended, is approved with council member Harper Madison off the dais. Members that will take us to item number 38. And I'm going to recognize council [10:55:18 AM] I'm going to recognize council member Vella, with regard to item number 38. >> Thank you. Mayor, I had spoken to staff about this item, and I believe that they have a presentation for us. >> Okay, I see some I see somebody that might know. Thank you for being here. >> Good morning, mayor and council. Ghizlane badawi, director of aviation. We don't have the slide, but I can go ahead and just provide overview, please. >> And just to offer a little bit of background, I just wanted to make sure and we discussed this at the mobility committee as well. But I wanted to discuss it at the full council meeting. This is regarding the reconstruction of the airport, and I just wanted to make sure that we are planning for the light rail extension into the airport and that essentially [10:56:20 AM] airport and that essentially that that we're we're ready to build that because the airport construction is moving forward in advance of the light rail construction. And I just want to make sure that everybody is on the same page and that it will be fully integrated into the project. Great. >> Thank you. >> Please address that. >> And so the department of aviation has been working closely with Austin transit partnership on the alignment for the future light rail connectivity to the airport. The corridor that we're preserving will allow atp to place the light station at the same elevation as the departure ticketing level of the new departure and arrival hall. This will provide the riders of the light rail a short walking distance, similar to the walking distance of the rental car customers or our customers that will park in our parking garage. We will have direct connection through a bridge that will connect the garage, rental car facility and the new light station into the new ticketing. It will be direct access by preserving this corridor. We're [10:57:21 AM] preserving this corridor. We're looking at the most efficient route that will connect the light rail from 71. All the way to the front door of the new departure hall, and we will work closely with atp during the design of the new hall. >> Thank you very much. And again, I appreciate the presentation that you gave to the mobility company as well. So ultimately, when the light rail is extended into the airport, it will kind of come along 71 there and then turn into just where the same where the vehicles enter right now. But it will go essentially straight in and stop right in front of the new, soon to be newly constructed main entrance to the airport. Is that correct? >> Yes. That's correct. So light rail will connect along. 71 will enter the airport from spirit of Texas, then will enter on that spine in the middle of the parking structure that we have at the airport and will connect [10:58:22 AM] at the airport and will connect to the newly, to the new parking garage that we're constructing right now and will be connected to the new Addie hall via a bridge. >> Okay, great. And that would essentially be that I'm just trying to think of the drop off point for the terminus of the light rail there. That would be essentially where the vehicles are dropping off in terms of the loop. It would stop basically right before the loop. Is that about correct? >> It will stop right next to the garage. So all our customers that will park at the garage, or customers that will rent cars from the rental car facility will have the same walking distance as the riders of the light rail. >> All right, >> Thank you very much for the information again, I just wanted to pull the item in just to highlight that the project connect planning continues and is in particularly for the priority extension. I know that the light rail extension to the airport is a big item for the public. A lot of folks have been communicating with my office [10:59:22 AM] communicating with my office about it, and I just wanted to highlight that that our airport and the atp and project connect are communicating and planning for the that priority extension. Thank you very much. >> And I might even add you please correct me if I say something wrong here. But just this week I reached out a few weeks ago to the build America bureau of the United States department of transportation and to talk about financing and money and how we might extend go ahead and extend to the airport. And one of the things that has happened just this week is our airport personnel, the director and others, the assistant city manager. Good. And our department, our office related to project connect, atp, capital metro and the build America bureau of U.S. Department of transportation. And in fact, the director of the build America bureau was in Austin with his [11:00:22 AM] bureau was in Austin with his top staff to conduct a work session workshop, charrette, I don't know what we call it to, to work on innovative financing mechanisms and see if there are things that we might can do because of changes in the federal laws that might help us do some things. And it was a very productive meeting, work still to be done. But just to highlight your point, there's a lot of effort going into this, and I think it's productive effort. >> I very much appreciate the comment. And also I don't want to take the focus because honestly, when I think about the priority extensions, getting to crestview is such a strong goal of mine. That said, though, I do appreciate mayor, that there's a lot of other financing options at the airport that are really not available for the crestview line. That's going to be more we're going to have to make that happen, but the I, you know, that that airport that the eastward portion of the line is so tantalizingly close to the [11:01:22 AM] so tantalizingly close to the airport that I think, you know, we really want to get it done and get that a full multi-modal accessibility to the airport as soon as possible. >> Good point, I take your last comments as a motion to approve item number 38. So moved. Motion is to approve. Item number 38 is seconded by the mayor pro tem. Is there any further discussion? Councilmember Allison alter, I just want to thank staff for all the hard work that has gone in to moving this project forward, >> You know, I travel a lot and always proud to come back to the Austin airport, and the plans that you're putting together really do reflect who we are in Austin. And I love that they are going to keep that uniquely Austin vibe, you know, we need this expansion, you can see it if you go to the airport. And so I just want to applaud all the work of all the people, at all the levels who made that. And also to our new director, for [11:02:23 AM] also to our new director, for helping to get us through covid and getting to a point where we can be taking these next steps. So thank you. >> Thank you. Council member. All right. Well, any further discussion? Without objection. Item number 38 is approved with council member Harper Madison off the dais. That will take us to item number 72 of. Is that what I didn't hear that. >> Yeah. >> She said she had to go get notes. She'll be back. >> Good. Okay I'll recognize council member Allison alter on item number 72. Is the person that pulled item 72. >> Thank you. And I'm impressed, mayor, of how quickly we're moving through this agenda. I thought I was going to take a lot longer. So item 72 is the item that the mayor put forward to fund the marshaling yard, to continue. And I pulled this item because I believe it merits some [11:03:24 AM] because I believe it merits some discussion from the dais, it is, in my view, the perfect example of why we need to have a work session. I'm hopeful that item 112 will allow us to resume those, in my experience, work sessions allow us to make better decisions. We can hear from staff, now we will be able to hear from the community during work sessions. And most importantly, we can hear from one another. We each bring knowledge and information. We focus on different things and we get a fuller picture, and we can make better policy. I suspect that many of the concerns that I have are shared by my colleagues, and let me begin before I say anything else, by stating that I understand that the marshaling yard is a critical piece of our homelessness response system, and that closing the marshaling yard would have an impact on the other parts of our system. But I'm also concerned that so soon after our budget process, we have an item that asks staff to identify a large amount of [11:04:24 AM] identify a large amount of funding. We don't actually know how much this need was not prioritized by our staff, nor by council members, during our recent budget process, which just happened in August, where we added millions more in funding for homelessness services at this time, we do not have information about where this funding will come from or what other city services might be impacted by these choices. This was confirmed in the q&a where myself and council member Fuentes asked some questions. All we know is that it won't come from other homeless spending. According to the resolution, this comes at a time where our sales tax projections for last year are down about $9 million less than projected. Where our sales tax receipts are lower, we just don't have the leeway that we had in prior years. We also do not have clarity that if we find 5 million, 6 million, 9 million for this effort, that this is the best place in our system to spend these funds. It clearly wasn't the best place during the [11:05:25 AM] wasn't the best place during the budget process, and like my colleague, council member Fuentes mentioned on the message board, I'm also concerned about the indefinite timeline of this proposal. It is unclear when an alternative site will be identified, let alone operational. This item also does not get us closer to finding a solution for a new space or approach. I also have reservations about the outcomes we are seeing from this approach, as evidenced in the statistics shared in the q&a, and recognize briefly in the resolution itself. So those are my concerns. And there are many, and I think that this item merits more time. I have a sense that that's not something that the dais would support, so I do have some questions for the city manager. Manager, according to the answers in the council q&a, the marshaling yard costs $530,000 a month to operate. There's the current budget to get us through 5.22 months from the end of July, sounds like that will only get us, you know, a couple months in to this [11:06:26 AM] a couple months in to this fiscal year, to operate for a full year would cost $6.4 million. That's what my calculations. Also in the council q&a, in response to the question, what funding will be used for keeping the marshaling yard open, staff responded, the city does not currently have an identified funding source. If this item from council is approved, city staff will return to council with proposed next steps. I'm not sure that the resolution city manager says the next steps will be reported to council before those funds are reallocated, although that is what was said in the q&a. But I do want to make sure and if you could confirm that council will receive clear information about where this money is identified and what it might have otherwise been planned for those funds, will we receive that info and will we have an opportunity to weigh in? >> Thank you, councilwoman, and yes, you will, as we identify funds and actually proceed with trying to identify alternative sites for a facility to allow us [11:07:27 AM] sites for a facility to allow us to continue to provide shelter and operations. We will make sure that we're briefing and keeping council abreast and show back up here at this dais to talk through and walk through what our plans are and intentions are. >> Thank you, I'm not going to be able to vote affirmatively for this resolution today. I just don't think it's fully baked, I don't I'm very uncomfortable with the notion of saying we're going to spend this money without knowing where it's going to come from or how much we need or really having a plan in place that is not to say that we don't need shelter and that that that continuing the marshaling yard, might not be a good idea, but we I just don't have that information, and I'm not comfortable, moving forward with this item as it is today, my sense is that there may not be a lot of folks who share that. So I'm not going to put you through a lot of motions and other kinds of things, but I do [11:08:28 AM] other kinds of things, but I do I have learned, particularly when it comes to some of these questions, that I have to go with my gut, and my gut tells me this is not baked yet. >> Thank you. Council member. Council member Kelly. >> Thank you. Mayor, colleagues. Today we're considering an indefinite extension for the marshaling yard as an emergency shelter. And five months ago, we discussed a planned closure or a phased closure of the shelter. But as I mentioned then, and I still feel now, I believe it would have been more prudent to wait until we had more viable alternatives in place before making decisions about closing it. I've had the opportunity to tour several housing options for individuals experiencing homelessness, including ones here and in other cities. One thing remains clear the city of Austin needs a variety of solutions to meet the diverse needs of each individual experiencing homelessness. I have full confidence in our homeless strategy office and in director gray's ability, along with the city manager, to present us with thoughtful alternatives in the near future. And I know that we're running [11:09:29 AM] And I know that we're running out of time and funding. However, I am concerned about the budget implications of this extension. And city manager, when you and I met one on one, you told me you would look into the funding and get back to us. So I will hold you to that. But not knowing where the funding is coming from is very discouraging. By delaying the ramping down of the marshaling yard, we run the risk of stretching our resources even further. And those resources are finite. While the extension provides critical beds for those in need and allows more time to explore new options, I firmly believe we must remain mindful of the financial impact that this will have on our city. That said, I also understand the importance of balancing our immediate needs with long term sustainability and that will be key as we move forward. And unlike my colleague before me, I will be voting in favor of this item. I carefully read the pros and cons and as I said five months ago, those that are experiencing homelessness cannot wait for a solution or on a no vote. These are real human lives. We're taking care of and [11:10:29 AM] lives. We're taking care of and they still need our assistance. Thank you. Thank you. >> Mayor pro tem, I want to just make one comment, and then I'll make a motion. >> And the one comment I wanted to make was, at the time we were talking about closing the marshaling yard, the big question that that was on the top of my mind was, so then what do we do with the folks who are sleeping there? Who are we're sheltering there? There was an answer to that. And so I very much appreciated the mayor coming with this item so that we can address the fact that folks are being sheltered there. And if we were to close there, wouldn't be a place for them to go necessarily. So it is our responsibility as a city to move in this direction. Mayor and I support what you are doing here, and I'd be happy to make the motion. >> Motion is to approve item number 72. Is there a second to the motion? Seconded by council member Vila members. We do have a number of people that have signed up to speak on this item, so I'll either recognize you now or recognize you after you just [11:11:30 AM] or recognize you after you just because there's because of the sheer number, let me know. Okay well, if that's the case, we have a motion and a second. So I will then turn to the clerk and have her start calling. >> Thank you. Mayor, the first speaker is remote. Beth Corbett. >> Good morning, mayor and council members. For the record, my name is Beth Corbett. I serve as the vice president of government affairs and advocacy for the central Texas food bank. I'm here to register the food bank support for item 72 as our organization has witnessed firsthand how impactful the marshaling yard side has been in providing a clean, safe, emergency shelter space with access to meals, transportation, and case management service for our unhoused neighbors. Central Texas food bank's vision is that every resident in our region has equitable access to nutritious food, and thanks to our partnership with the marshaling yard team, we've been able to [11:12:33 AM] yard team, we've been able to provide over 62,000 meals to those utilizing the shelter since April of this year. Our team prepares and delivers three meals a day, five days per week to the site, and we are honored to have the opportunity to support this critical sheltering resource. We stand ready to assist the city and members of the council in future efforts to provide dignified and equitable access to nutritious food for our unhoused neighbors. And we're happy to provide additional information on ways the food bank can support this important work. Thank you so much. >> Thank you. >> That is all the speakers we have in the remote queue right now. So I will switch to in person one second. Sorry, Andy Brower, followed by Jacob Emerson and bill Bryce. If your name's been called, please come down to the podium and state your name. And for the record. That was Andy Brower. Jacob Emerson, bill Bryce. [11:13:34 AM] Emerson, bill Bryce. >> Good morning, mayor, council city manager. I'm bill Bryce with downtown Austin alliance staff, and I'm here to speak in support of item 72 to continue operating the marshaling yard as a temporary emergency shelter until an alternative location is operational, according to data from echo, Austin's unsheltered homeless population increased 145% from 2021 to 2023. In that three year period, our unsheltered population ballooned to over 5500 people. People living on our streets, in our parks and green spaces, living in unsafe, unhealthy conditions in places never intended for habitation. Today, echo's data shows that we've begun to turn a corner where the number of people living unsheltered is now under 4900, a 15% increase from just one year ago. This is a direct result of actions that [11:14:34 AM] direct result of actions that you have taken to invest substantial funding and resources to improve our homeless service system that have increased shelter beds and permanent housing. This includes standing up 300 beds at the marshaling yard, opening the downtown eighth street shelter, and increasing capacity at the northbridge and southbridge shelters. Access to emergency shelter. When where people can be safe and stabilized, and in the homeless management system is essential to preventing those who become homeless from quickly developing disabling physical and mental health conditions that may become permanent, if not life threatening. Acknowledging the concerns raised on the dais this morning, sustaining operations at the marshaling yard until an alternative site is operational not only saves funding in the long run, it helps save people's lives. It's for this reason that the downtown alliance encourages you to approve. Item 72. Thank you. Thank you. >> Sergeant drew mcangus Pamela [11:15:35 AM] >> Sergeant drew mcangus Pamela Madera. Trey Salinas. >> Good morning, mayor and council members. I'm drew mcangus. I'm sergeant Travis county constable precinct three. I oversee the constable outreach program. We are in the camps on a daily basis, going in and building relationships and trying to help the unhoused population. And I'm here to tell you this morning that we fully support keeping the marshaling yard open. It's a tool in our tool belt that we're able to get people who are really going through the worst of times, and we're able to convince them to finally get help and get them over there. I've been doing this job for seven years now, working in the camps on a daily basis, and it's taken 4 or 5, six, seven years to get people finally to decide that, hey, drew, I'm ready for help. I've [11:16:35 AM] drew, I'm ready for help. I've got to have options to be able to help get these individuals off the street and into a place where they get all the wraparound services in the marshaling yard is really helpful to us. I tell you, we try more often than not, that we get the females that are in on the street into the marshaling yard because it is terrible of what they go through on a daily basis. So I would ask that you all continue to fund the marshaling yard so that we have an option to help our people. Thank you. >> Thank you. >> Good morning, mayor and council. Pam Madeira. I'm a member of district a resident of district ten. Please keep the marshaling yard open until there's another solution. It is critical for the safety of our community as a whole, to be able to have a place to take the homeless. It's important not just to have a place where the homeless feel like they can go and be safe, but also it impacts [11:17:36 AM] and be safe, but also it impacts our wider community. It is critically important also for the Austin fire department and other public safety officials to be able to move homeless and other displaced persons out of high risk fire areas, out of environmentally sensitive areas along our creeks, and all of that. And so it's very important that we keep this open, this this marshaling yard open for the time being. Thank you for your support. Thank you. >> Good morning, mayor and council. My name is trey Salinas and I'm here wearing two hats, one on behalf of the central Texas public safety commission and also lifeworks. I just want to draw to your attention that you have a letter in your backup from lifeworks asking you to please support item 72 and keep marshaling yards open for the time being while you work with staff to find a more permanent solution. Thank you for your consideration. >> Susie chase. >> Good morning, mayor Watson. [11:18:41 AM] >> Good morning, mayor Watson. Mayor pro tem pool and council members. My name is Susie chase, and I'm speaking on behalf of animal shelter advocates who work at and volunteer for the nonprofit animal shelter Austin pets alive. Many families in and around Austin who are experiencing homelessness and have pets are given few options when they are seeking emergency shelter. The marshaling yard emergency shelter is one place where people experiencing homelessness can find shelter for themselves, and pet friendly boarding with pet food for their dogs and cats. If item 72 is not approved and the marshaling yard does not remain open for emergency shelter, any pet owner seeking temporary emergency shelter may be forced to make a heartbreaking decision about the fate of their loved pet, considering that the Austin animal center web page as of today indicates the city's shelter is at capacity and only taking in cats and dogs on an emergency intake basis, there is little chance that the people and their pets needing critical assistance will have a positive outcome. Austin pets alive supports item 72, and we hope you will agree that it is [11:19:42 AM] you will agree that it is important to have emergency shelters available in Austin with compassionate care for both people and their loved pets. Thank you. >> Robert Clark, Chris baker, Camilla Colin. >> Good morning, mayor and city council. My name is Robert Clark, and I'm the new executive director of the central Texas public safety commission. Several weeks ago, I stood before you in support of the comprehensive public safety package to support our women and men who come to work every day and do the very best that they can in serving and protecting the city of Austin. Today, I stand before you again in support of keeping the marshaling yard open, because I recognize that having alternative locations for our women and men who serve in public safety, to have alternatives, to send our most disadvantaged residents is critical to our public safety infrastructure. The women and men who go to work every day want to make a difference in the [11:20:44 AM] want to make a difference in the lives of our residents, and the marshaling yard will help them to do that, knowing that they have alternatives where they can seek wraparound support for the things that they are facing, rather than taking them to jail or just leaving them on the street. So I stand here before you and ask you to continue supporting the marshaling yard and those resources that are available to our most disadvantaged citizens. Thank you. >> Thank you, Chris baker. >> Chris baker has time donated by Leon Martone. Are you here, Leon? There she is. Six minutes. Please. >> I promise you guys, I'm not going to talk for six minutes, good morning, mayor and council. I appreciate the opportunity to come and talk to you guys about emergency shelter, I am here to support to speak in support of item 72, which may surprise some of you guys, seeing as though I run an organization that's in a moment of great need and that's kind of limping to stay alive at the moment. But I want to point out that that's just a moment. [11:21:45 AM] out that that's just a moment. And we have this homeless response system, and we've been like, really reactive to moments. And right now, in this moment, I think closing down the marshaling yard would be a reactive play that would then require another reactive play, like we'd have to go find another temporary, solution, a warehouse, a hotel. And what we really need to do in this moment is take a moment and seriously think about, like a cohesive plan to strengthen our communities, shelter system. And I believe that that plan is well underway, we've we've all worked on it together. It's just going to take a moment and so, you know, I was kind of expecting some debate today about, like, the merits of emergency shelter versus some other housing interventions. And you know, it's just not I think a debate that's worth, that's worth [11:22:46 AM] that's worth, that's worth having in this moment. Thankfully, we're not really having it, I know that one of the questions that always comes up around shelter is like, if you're gonna have a shelter, are you pulling money away from like, a permanent supportive housing project or solution? And I, I while I think we all understand that permanent housing has better outcomes than shelter, their permanent supportive housing projects cannot serve people that are dead. And that's kind of what I feel like we need to keep centered at this moment. Unsheltered homelessness is a serial killer. It takes the lives of our brothers, our sisters, our children, our uncles, parents, neighbors, I don't know that the marshaling yard is a perfect shelter, but I know for sure that it keeps people on the right side of the grass. So people come and visit me from all over the country all the time. They come out to Esperanza community to ask [11:23:47 AM] Esperanza community to ask questions about how, you know, ways that we can do emergency shelter. And it's always, you know, people are always talking about like these temporary things. We can wind something up and then wind something down. And we I always caution people against it, because every moment that we spend kind of winding something up or winding something down is a moment that we're just kind of throwing money away and so we've got the marshaling yard. It's wound up. It's what we've got. It's keeping, people alive. And I think it's I think it's best to, to hang in there until we have, until we've rolled out more of our plans, you know, I don't know. I don't know where the money comes from. I don't work for the city budget office. And I don't I don't know how all that shakes out. That's up to you all to figure out, but I can speak in support of the critical work that's happening at the marshaling yard. And I appreciate the time. Thank you. >> Dear Austin council members, [11:24:53 AM] >> Dear Austin council members, my name is Camila Collin, and I am a student at saint Edward's university. I am vice president of saint Edward's students for good government, and I come representing our organization, organization and support of the initiative to keep the marshaling yard open. I am 72 on today's council agenda is critical in ensuring that our city continues to address the needs of the homeless population and I urge you to vote in favor of it. Directing the city manager to maintain the marshaling yards operations until a permanent solution is in place. Out of at least 6235 people who experienced homelessness in Austin or Travis county on a single day in may, only a thousand individuals from that number are sleeping in a shelter. If we bring the marshaling yard down, that number of folks experiencing experiencing unsheltered homelessness will only increase. Being one of the major cities in the United States, we should [11:25:54 AM] the United States, we should lead the way in tackling homelessness, solving problems to build more shelters. And resources and giving people another opportunity at life. Instead, we are faced with the possibility of closing an essential facility. I'm sure no one here would want their child, their mother, their father, their sister, their brother, their friend sleeping on the streets. The individuals experiencing homelessness are someone else's child. They're someone else's parent. They're someone else's sibling. They're someone else's friend. And we must treat them with the dignity and respect that they deserve. The consequences of shutting down the marshaling yard would ripple throughout the city, straining critical programs like [11:26:54 AM] straining critical programs like the homelessness encampment assistance link, also known as heal, and jeopardizing the safety efforts of Austin fire department as they work to relocate individuals from high risk wildfire Zones instead of diminishing these programs, we must strengthen our response in terms of funding, there are practical ways to ensure the continued operation of the marshaling yard. The city could explore. Relocation of funds from less urgent areas, prioritize public private partnerships or even consider utilizing federal and state grants aimed at homelessness prevention, engaging in local businesses and philanthropists who have vested interests in reducing homelessness could also provide sustainable financial support. Approving item 72 is not just about keeping the shelter open, it's about reaffirming our commitment to reduce homelessness in Austin. Thank you. >> Thank you, mayor, that [11:27:55 AM] >> Thank you, mayor, that concludes all the speakers for 72. >> Thank you very much. Members as you heard that concludes all of the speakers. We have a motion and a second on this item. I'll now go to additional discussion. Council member Velasquez I'll recognize you first, >> Thank you, Mr. Mayor. I want to express my support for version two of item 72, and I want to thank you and our colleagues for bringing that forward. The while not perfect, the marshaling yard currently plays a critical role in our homeless response system and provides essential services to that many in our community depend on. It is vital that we maintain continuity in these services without disruptions, especially given the challenges we face addressing homelessness right now. While we continue searching for long term solution. I appreciate that this balanced approach will allow our city manager to explore other funding opportunities for the marshaling yard operations in the short term. Equally important, it gives our homeless strategy office the necessary [11:28:55 AM] strategy office the necessary time to find a sustainable and suitable alternative location for emergency shelter services. I know we as a diocese remain committed to supporting our most vulnerable residents while working towards a sustainable long term solution, and I just I just want to say that I'm in support of this. >> Thank you. Councilmember. Councilmember Fuentes, followed by council member Ryan alder. >> Thank you and colleagues. I'm also in support of this item as presented as version two. What we know is that over a thousand individuals have been served at the marshaling yard. And I know just how important it is for us to have emergency sheltering available for our unhoused community. And we certainly need additional emergency shelter options, my concerns lie with where the funding will come from that conversation will continue with this dais once city staff has been able to identify the funding. So I really want to be clear with the public that this item is a much needed next step. But we still have further [11:29:56 AM] But we still have further conversation to have once the funding has been identified. And so certainly I support the continuation of the city having emergency sheltering operations available. It is absolutely critical and necessary and one that I support us looking for a permanent location as well. >> Thank you, councilmember Ryan alter. >> Thank you very much. Mayor I, you know, as I began to think about what the future held at the marshaling yard after we received the update from David gray at our public health committee about the status of finding shelter, I began to, you know, I sat down and just kind of thought about, you know, the concerns I'd had with this operation and what what would happen if David came to us tomorrow and said, I've found this facility for shelter. It's wherever it is, and we're going to buy it, and it's going to be ready to ramp up in March. We were always going to have to [11:30:56 AM] were always going to have to come forward with additional funds to then operate that new facility. And so then ask myself, well, then what's the functional difference here of a different place where we're spending money or a place where we're already operating and providing this service? And I think, as Chris mentioned, you know, that that ramp up, ramp down does have some added cost as well. And so, you know, the chief concern was as as you mentioned in your message board post, mayor, we didn't want to rob Peter to pay Paul, you know, this is a system wide need and approach and so we are addressing this portion of the system and making sure that we have what we need, and we don't even have what we need here. And so I really appreciate you incorporating the suggestions I sent to your office to, to make that, to, to preserve the funding we need for, for the system and then also to make sure that we are addressing the outcomes we all want to see the [11:31:57 AM] outcomes we all want to see the best outcomes. And we already do see above average outcomes at this facility, which is great. We are serving a large number of people and seeing some positive outcomes. We can always do better, and I know David is going to, you know, set a reasonable but a lofty goal and try to come up with a way to get there. And I think that's really important for all elements of our homeless response system. So, you know, this this is, I think, as Chris mentioned, one, one piece. We're going to look at other pieces in, in future conversations. Of course, downstream solutions. But I, we had a forum in our district just this week about, homelessness and police response within the district, and it cost even more money for someone to be on the streets and then have the police have to come and respond and clean up and just go through that continuous cycle and that's just the dollar portion, not even considering the human impact. And so I think what we're doing today is an [11:32:59 AM] we're doing today is an important step and an important part of addressing the continuum. And I appreciate, mayor, you bringing this forward and look forward to talking about, everything in this space over the next year. >> Thank you, thank you. Further discussion. Yes, councilmember vela, again, I do support the sentiment. >> I just wanted to comment that in the discussions about cost, that in my conversations with staff, I believe that this is the lowest per night cost facility that the city has in its collection of shelters. So and again, I just want to highlight that. And I also just wanted to mention that we have that permanently supportive housing on its way. I see the Katy lofts going up, you know every day a little taller and a little more finished out. You can see the projects coming online. And I really want to let us get that capacity up and [11:33:59 AM] us get that capacity up and running before we make any final decisions on it. We've got to have somewhere to, to send folks. We can't just send them back onto the streets. So I fully support this item. Thank you. >> Thank you, councilmember, councilmember Allison alter thank you. >> I want to thank the folks who came to speak today and again, I want to just reiterate that the marshaling yard and having emergency shelter is important, I'm going to be abstaining today. I just cannot support this approach to policy making. I think this should have been something that we addressed during budget. If this was, you know, as critical, as we are discussing, this was not brought forward by our staff as something that was the most important next step, you know, so I just I just have too many reservations here, to support this, I hope that our, our city manager will take the direction and provide a pathway forward where we don't have to continue to keep the marshaling yard open. It is, you know, another [11:35:00 AM] open. It is, you know, another enterprise within our systems facility, and they are closing the convention center in March. And there's a whole host of other things that need to be thought through, that, that also have consequences, that as we move forward, we need to make sure even at the same time that we make sure that we address the needs of those who are experiencing homelessness and those who are most vulnerable, so I'm going to abstain for today, and I hope that I'm wrong. And that there's a there's a good path forward. >> Mayor pro tem, I'll call on you to close. Since you were the maker of the motion. Great. >> Thanks. Mayor. And I, I just wanted to reiterate my appreciation for the approach that the mayor is taking with the marshaling yard issue. We discussed it during budget and were not of one mind as to whether to send funding to the marshaling yard during the budget conversation. And that was when I think, mayor, you brought some direction to staff to say, let's look at this and let's see if we can find a way [11:36:02 AM] let's see if we can find a way to resolve what at that point seemed like a pretty untenable situation, and our job, I think our responsibilities here on the council is not to stop when an issue is untenable. We have to keep trying to unpack it and untangle it. And I think this is providing the path forward for us to continue with untangling these difficult situations. And I think we will end up having some really positive outcomes for a for a group of folks in our community that we've been laboring to support and find ways to help them for a number of years. So again, thank you. >> Thank you, members. That's, the motion is to adopt item number 72. It's been made and seconded, without further discussion. And without objection, item number 72 is adopted with councilmember Allison alter being shown abstaining. Thank you very much, members. Before we go to the next pulled item, just to give [11:37:02 AM] next pulled item, just to give us an idea of where we're going to go, we're going to go to item number 75. And then after item number 75, we will go. I my guess is we're going to be awfully close to our noon time certain. And we will have our noon time certain, we will that will be the public communications followed by music, live music. And then we will at the at the end of the public communications, we will recess for the live music. We will recess until about 115, at which point we will reconvene and, either have the briefing or go into an executive session. Before we go to item number 75, though, I wanted to point out that, we've got somebody that, is at his final, Austin city council meeting, and I wanted to take the opportunity for us to recognize our library director, Roosevelt weeks, he's, he's [11:38:03 AM] Roosevelt weeks, he's, he's getting ready to retire, and this is his last meeting, and I wanted to just say a few words because I know we all feel strong. Come on down here. He's been recognized with the distinguished service award and he's here for his very first meeting. And I just didn't want us to, recess or and come back and him not be able to be here so that we could just as a council and as a dais, say how much we appreciate all the great things you've done in our in our library system and wish you the best of good luck in retirement. >> Mayor and council. Good morning. >> My name is Roosevelt weeks, and I'm the library director of the best library in the country. So I. We all know that no man is an island. I have a wonderful team at the library that does [11:39:05 AM] team at the library that does excellent work to provide service to the community. And that's everybody is welcome in our library system. And I want to thank my colleagues, other directors and city staff for helping us deliver those services. And thank council for passing, ordinance and policies that will help us deliver services and cut, access for people. I mean, not access, but cut, cut down on the, what word am I looking for? Barriers. Who said that? See that's a good man. See that brain fog? If you pass it on to me, man, cut down on those barriers so that people can have access at all levels of our system. So thank you so much for your support and thank the community for having me for seven years. Thank you so much. You're great. Thank you. >> And as I say, best of luck in retirement and that'll take us to item number 75. The mayor pro [11:40:06 AM] to item number 75. The mayor pro tem pulled item number 75. And I'll recognize the mayor pro tem on item 75. >> Thanks, mayor. I just I'd like to understand the intent of this item, and I wanted to understand the intent from the sponsor. Yeah so I just had a couple of questions. Sure. >> Do you want me to the first lay it out, or then ask questions or just ask ask you a couple of questions, >> The first, be it resolved clause appears to allow each council member to submit individual projects directly to the city manager for consideration outside of the bond advisory task force. Public process is that the intent or does this simply lay out a list of general topic areas we would like the city manager to focus on, so that we are acting as a body. >> So this is a list that we will be acting on today, if anybody, you know, wanted to, to bring forward any amendment, you know, this has been posted for now, two weeks and, and I'm certainly open to any amendments [11:41:07 AM] certainly open to any amendments that are brought here today. But this is a list of things that we wanted to make sure we're just considered as part of the process, that have not currently been part of some of the considerations, you know, some of these being very family focused ideas. You know, indoor spaces for children to play when in severe heat or, water play spaces that are kind of a step above your splash pads, which is really limited to kind of two, three year Olds, and a number of other items. But really to make sure staff has the appropriate time to consider these with the bond advisory task force as the process plays out. >> So this would be outside of the bond advisory task force public process? >> No. They will. The staff, just like staff, will, present any of the items that they're working for, let's say the library staff with capital [11:42:08 AM] library staff with capital delivery services is working on, let's say, a library that they want to submit to the task force for consideration. They will look at these items and present to the task force, and the task force will consider it. This is this is within the process. It just addresses some of the gaps that were not currently being considered by staff. >> Okay. All right. I I, I don't think there were gaps honestly because the process has not begun and the list of general topic areas was in fact not intended to be comprehensive or all inclusive. It was to spark concepts. So what you are saying is that this simply lays out a list of general topic areas. We would like the city manager to focus on, so that we are acting as a body in in conversations I've had with departments, they will tell you they are already and have been developing with capital delivery services projects to ultimately submit for consideration to the bond [11:43:08 AM] for consideration to the bond advisory task force. >> And so this is just a piece of that process to have staff have these considerations as well. Within the work they're already doing. >> The second clause asks the city manager to create an open process for community members to submit individual bond proposals. That's something we have not done before. So I'd like to understand from my colleague how he envisions this playing out. >> Sure. So this is really just to try to help in this as well as the language that councilmember Allison alter added to. We know we're going to be getting, ideas from the public. That's the whole purpose of the task force. And so the idea is for staff to be able to, let's just say, have some kind of formalized, whether it's an application or just other kind of standard form, so that we are able to just make it easier for [11:44:12 AM] able to just make it easier for staff to be able to receive and digest these. It's more about, trying to create a consistent process, knowing that we're going to get suggestions from the public. >> Well, and in fact, the town halls that are required under the ordinance that we passed at our last meeting does look to having the community input. In fact, that is the whole purpose of the bond election advisory task force is to seek input from the community. And I recognize that that this is the this is your first one of these bond, processes. And so there there will be a lot that that will be really clear as, as we walk through it, as the time goes on, I'm also grateful to see so many appointments being made to the advisory task force. I think that's that's really great. Absolutely. >> Can I respond to that real quick? I think that, as you know, I've consulted with people who have been through this process a number of times. And I [11:45:13 AM] process a number of times. And I think when we talk about soliciting input from the public, it would be very helpful if instead of someone showing up and saying, hey, I think this would be a really great idea or an organization showing up and saying, we'd really like to see this in our community, if there was even some. And I don't know, staff is going to figure out what's the best mechanism to do this, but if there is a some kind of form or scoping or something that that gives better information to the task force. So instead of when they have these conversations, them just saying, oh, remember that idea that such and such recommended to us and then having to really almost start from from the ground floor, start from zero if they had some information that was more standardized presented to them, that will help this process work better. Help the task force and the staff. And so I think that's what we will be able to achieve here. >> Thank you for that. And so, colleagues, I've passed out an amendment that I'd like the [11:46:15 AM] amendment that I'd like the owner of the item to consider as adopting, and it simply removes a phrase from lines 31 to 33 and inserts new words so that lines 31 to 33 will read as follows. In addition to the projects already under consideration for city departments, the city manager is directed to consider the following and then delete the words projects as submitted by members of the city council and insert the words priority areas for evaluation by the task force. >> I guess my question to you would be how you interpret this difference from the current language. >> It removes the specific assignment from the council and opens it up more broadly, which I think which is which tracks with what you were looking for, I think. >> Could I ask a capitol delivery services to come down [11:47:16 AM] delivery services to come down real quick? >> Sure. And then what we're going to need to do is we'll get I'll recognize council member Ryan alter for a motion and then we'll any amendments we'll take up in that way just for the discussion purposes. But I'll come back to that, >> Madam mayor, members of council, Eric Bailey, deputy director of capital delivery services. >> Hi, Mr. Bailey, have you seen this amendment? I have, yes. Okay. I'm a little surprised you've seen it and we haven't, but here we are, do. How would your office treat this language differently from the current language? >> Yeah. As mayor pro tem mentioned, the proposed language, reads as council priorities rather than individual projects that are identified. When council puts forward an ifc such as this and identifies specific projects, it's a directive to staff to say you will look at these specific issues, these specific projects, as opposed to prioritizing things like which I think is the [11:48:16 AM] things like which I think is the intent of the ifc, you know, indoor play areas, things like that that can be folded into the project evaluation, as a point of, of reference, you know, as we go through the tiff process and develop that there will be plenty of opportunities for council and the public to present ideas and projects. And those will will then be evaluated by the btif based on a set of scoring criteria that the city staff is also scoring and prioritizing projects based on. So there will be a lot of opportunity once the tiff is formed and those meetings start for public input, moving forward with projects as well as the council to put forward those ideas through the tiff, through the each of the council members has two folks that are on that committee and be able to present projects that way. >> So this is an effort for us to work as a body as opposed to individuals. >> Sure. I mean, I'm we're working as a body today. So if a, a, someone from the public comes before the bond advisory task [11:49:19 AM] before the bond advisory task force and let's just say they asked for take this resolution off the table from it. They, they we would really like a permanent supportive housing project right here in south Austin. Is that submission to the task force or to staff a priority area, or is that a request for a project that will then be evaluated through the process? >> It would be something that we cds would coordinate with the appropriate staff departments on to say, is this a project that is a priority? How have we evaluated these projects in the past? Is there something that's already on the books or in the plans that meets that need? And if there's nothing that you know, ties with an existing project, then we'd say, all right, this is a new project that we need to look at and have, you know, the staff experts in that field say this is a good idea, worth exploring more. This doesn't fit within our priority criteria, or we don't have enough information. We need to find out more from whoever presented that idea to say, you know what? What did you mean by this? What exactly are we looking for? And say, here's [11:50:19 AM] we looking for? And say, here's where that would fall in with the scoring criteria that we will develop through the tiff and how it would rank in the list of projects. >> And so for let's just take the play space, the indoor play space that we mentioned earlier. If we make that a priority rather than a project, my understanding, after talking with parks department, libraries and others, this is not something currently within their what they are proposing or, or whatnot. So would it then since it falls outside of that? No existing project, it would become kind of another project for consideration since it's a priority, not a yes. Okay. Yeah. >> And so we look at how that type of facility can be incorporated into an existing project, how that works within, you know, pard's prioritization matrix and what they have in terms of needs that they've identified through all of their, you know, ongoing planning documents and things like that. And we would look at incorporating those features into a project. Or if it stands on its own, to have its own standalone project to fit within [11:51:20 AM] standalone project to fit within the ranking and prioritization. >> Okay. Well, if that is how y'all treat it, then members I have no problem with this. >> Okay? Councilmember Ryan alter moves adoption of item number 75. Is there a second to the motion? Second by council member Vila. I'll now recognize the mayor pro tem on a motion to amend item number 75. So moved council, the mayor pro tem moves to amend item number 75. As has been discussed, seconded by council member Vila, any discussion on the motion to amend. Without objection, the motion to amend is approved. That takes us back to the main motion as amended, and I will turn to the city clerk's office to see if we have anybody signed up to speak. >> We have no speakers members. >> There's no one signed up to speak on item number 75, as amended. Any further discussion? Without objection. Item number 75, as amended, is adopted, members. It's 1152, but we're going. We have a 12:00 time. Certain. What I recommend we do [11:52:21 AM] Certain. What I recommend we do is we go to item number 77, as you will recall, item number 78, these are our two nonconsent eminent domain items, item 78 has been withdrawn. So that puts us with regard to item number 77. And I will recognize the clerk's office to see if anyone has signed up to speak on item number 77. >> There are no speakers. >> Mayor members. There are no speakers to speak on. Item number 77. So with respect to item number 77, it being a nonconsent condemnation item, the motion that I will accept is to the effect that the city council of Austin authorizes the use of the power of eminent domain to acquire the property set forth and described in the agenda for the current meeting for the public use that's described therein. Is there a motion to that effect made by council member Fuentes, seconded by council member Ryan alter? Is there discussion on the item without objection? Item number 77 is adopted, members, I'm [11:53:23 AM] 77 is adopted, members, I'm going to go to item number 82, without objection, we will open the public hearing on item number 82. I will recognize the city clerk's office to tell us if we have people signed up. But we. Without objection, we've opened the public hearing. And now I'll ask that you tell us who we have signed up to. Speak >> We do have one speaker for 82. Mayor. Okay. Barbara. Bonita she's remote. >> All right. >> Good morning everybody. My name is Barbara grant. Bonita. I'm sorry I couldn't be there in person, but I am wanting to talk about this on behalf of austin-travis county. Success by six. In support for this item. As council member Alison alter talked about earlier, most child care providers here in Austin are small business owners. We've heard from local child care providers that we work with that [11:54:23 AM] providers that we work with that they've paid anywhere from 9 to $11,000 in street impact fees, which is an extremely significant number to a small business. This is money that could be going to the cost of providing high quality care to paying child care providers. The money providers will save if they're exempt from the fee, will be reinvested back into their business, strengthening their programs, their workforce and in turn really benefiting children and families. They serve. And we know that these fees associated with expansion projects are so burdensome that oftentimes providers decide not to go through with the expansion project. And as mentioned earlier, since we have over 5000 children on a two year wait list for a subsidized child care spot, we really need every seat we can get. We? Again, I just want to say how grateful we are to the mayor and city council that understands child care is essential not only for children and families, but also to our local economy. So things like this, like item 82 and item 12 [11:55:23 AM] this, like item 82 and item 12 are just so essential when we're thinking about our child care providers. So thank you all. So much. >> Thank you members. Those are all the people that have signed up to speak on item number 82. Without objection, we will close the public hearing on item number 82 and our council member, Allison alter. I'll recognize you for a motion. >> I move approval, and I spoke on this earlier. Yes >> Council member alter. Allison. Alter moves approval of item number 82, seconded by council member Ryan alter. Is there any further discussion? Great. Without objection, item number 82 is approved. Members item number 84 is an item that is being postponed to October 10th. But it's my understanding we have someone signed up to speak, so we'll take that now. Without objection, we will open the public hearing on item number 84. The public hearing is opened, and we have one speaker to speak on the merits of the postponement. >> Only Pamela Adair. My dear. >> Sorry, my dear. Yes, miss. My [11:56:25 AM] >> Sorry, my dear. Yes, miss. My dear. All right. There being no other speakers on item number 84, I'll we will close the public hearing on item number 84, and I'll entertain a motion to postpone item number 84 to October 10th. Motion is made by council member Ryan alter, seconded by council member Ellis. Any discussion without objection. Item number 84 is postponed to October 10th, we'll go to item number 83. And without objection, we'll open the public hearing on item number 83. The public hearing is now open. I'll look to the city clerk. >> There are no speakers for 83 members. >> There's no one signed up to speak on item number 83. So without objection, we will close the public hearing on item number 83. The public hearing is now closed. I'll entertain a motion to adopt. The resolution is made by the mayor pro tem, seconded by council member Ellis. Is there any discussion? Without objection? Item number 83 is adopted. That will take us to item number 117. Without [11:57:27 AM] to item number 117. Without objection, we will open the public hearing on item number 117. The public hearing is now open. I'll turn to the city clerk. >> There are no speakers for 117 members. >> There's no one signed up to speak on item number 117. So without objection, we will close the public hearing on item number 117. And I'll entertain a motion. The motion is made by council member Fuentes to approve the resolution, seconded by council member Ryan alter. Is there any further discussion? Without objection. Item number 117 is approved. Well, I talked too fast. Yeah. So members, without objection. The city council of Austin, Texas will be in recess until 12:00 noon, we're in recess at [11:58:30 AM] 12:00 noon, we're in recess at 11:59 A.M. >> Let's see how fast that. We will have live music during [12:01:17 PM] We will have live music during that recess. We'll come back in at 110. With that being said, I'll turn to the city clerk and ask you to please begin our process as we do this. For those of you all that are here to be part of the public communication, she's going to call your names. But you already know the list of names. And in any event, she will call names in at least threes. And if she calls your name, please come forward and be prepared to step up to the microphone as soon as the microphone is free. With that being said, I again I'm going to ask for order in the council chambers. Could we get an order in the council chambers? Great. Thank you all very much. With that, I'll turn to the city clerk. >> Thank you, mayor Melanie swan. Chris abiad arshia. >> Papa, once your name has been called, please come forward and take one of these front row seats and we'll hear from you. [12:02:17 PM] seats and we'll hear from you. Please know if you're the first name called. The Mike's all yours. >> Start now. Yes. Okay. Hi, I'm Melanie Susswein. I'm from district ten. Thank you very much for the opportunity to speak today, so I've been coming to these meetings for the better part of a year now, and for the most part, I have really enjoyed the opportunity to watch the governance of the city. And I thank you very much for your service to the city and what you're doing, I moved here 25 years ago. We thought we were going to stay for about two years, maybe five years, but we found our home here because people are kind and we created a sustainable community. And we did work that was purposeful. So we made Austin our home. I had the privilege of being a subcontractor for a company that worked for the city of Austin. [12:03:18 PM] worked for the city of Austin. We worked on STD and HIV testing. We worked on flu prevention. I still see our signs outside all around city hall that we're being able to be used for covid prevention, and we worked on the obesity prevention plan. So every time I see a sidewalk being built, I know that it is years of work around that obesity prevention plan. And I see the work that the city has done to create community for children, to give them safe passage to school and to help reduce childhood obesity. And these are the things that the city should be working on. In addition to the initiatives that were discussed today that are complex and multifaceted and are just hard dealing with the homeless population, finding safe space for them, dealing with their airport and keeping that moving and growing as our city grows, working on not discussed today, [12:04:19 PM] working on not discussed today, but of equal importance if not more, is increasing the sexual assault prosecution rates in the city, working on affordable housing and mobility issues. That is what the city of Austin should be working on. With all due respect, that is what the council should be working on. I know for certain that the city council should not be working on a war that is taking place. Thousands of miles away, that in some fashion or another, has taken place for thousands of years, regardless of how difficult and sad and tragic it is, it is beyond the scope of this city council. So I'm just here today to thank you for the work that you're doing on behalf of the city to offer my support and hope that that is where your focus lays and stays, so that we continue to work to create prosperity, that we create [12:05:19 PM] prosperity, that we create affordable housing, that we create safety, and that we can be centered in the kindness that kept me here. So thank you very much. >> Thank you. If your name has been called, please come forward. Please begin. >> I am Chris abyad speaking about tax dollars. We all know that Israel is our bosom buddy and that no public criticism or accountability is allowed. So I say what is good for Israel is good for us. We should use Israel's playbook. Next slide please. Oh, there we go. Okay. Next time there are active shooters and taking hostages, we should call out the military arm or aircraft with 200 0 pound bombs and tell security forces to locate homes and families of the shooters. Families will be given 15 minutes to vacate homes [12:06:21 PM] given 15 minutes to vacate homes before being bombed. We will dump fliers. Next slide please. We will dump fliers alerting neighborhoods of the same fate. Next slide please. We will systematically destroy homes, buildings and businesses of anyone who ever had any connection, however remote with the shooters. Areas bombed will become security Zones just like gaza. Next slide please. Anyone returning to homes to collect items or body parts will be subject to sniper fire. Next slide please. Ambulances and emergency personnel will also be targeted. Anyone entering a security zone will do so at their own risk. Safe areas such as schools, hospitals or places of worship may become security risks and be bombed. Next slide please. Troops entering buildings will line up. Young men, strip them of their clothing except underwear. Zip tie their hands, blindfold them and haul them off to jail. Security Zones will be tightly controlled. Nothing in, nothing out. No food, no water, no electricity, no medicines. People who protest will be [12:07:22 PM] People who protest will be called anti-american. Extreme times demand extreme measures. We will not allow anyone who sympathizes with the shooters to escape. We will do what we have to do to rescue the hostages. Next slide please. We will kill, kill, kill until 8.5% of the population has been eliminated. Equivalent to 84,500 austinites or 2.6 million Texans, or 28.8, 28.8 million Americans. If people are wounded or starving, especially children. Well, this is the price we must pay to eliminate active shooters and their ilk. If countries complain, we will tell them to mind their own business. We know what is best. If you think I'm crazy, I am. I am crazy for voting for politicians who have no humanity, who cannot bring themselves to say the word genocide, and who have been cowed into supporting a genocide as long as it is those people and not our people. Well, let me tell you, I work very hard and I pay thousands of dollars in taxes every year. I am happy to pay taxes for the good of my [12:08:22 PM] pay taxes for the good of my community and my fellow Americans. Next slide please. I am furious that my tax dollars are going to support a genocide instead of spending it here at home. We have spent over $158 billion on Israel, a country of 7 million Jews and the fourth military power in the world. Next slide please. What about teacher salaries, our veterans, our homeless, our hungry children, people who can't afford to pay rent or buy a house and so many more. Do they not deserve this huge amount of food? No more money for Israel. Enough is enough. Bring the money home. Thank you. All right. >> Our arshia papari Mira vedras. Roy. Woody >> If your name has been called, please come to the microphone. >> And please just state your name into the microphone. >> Hello, council. My name is [12:09:22 PM] >> Hello, council. My name is Roy woody. I'm a member of Austin with palestine, and I'm here as a black man with a heart for humanity. To me, having humanity doesn't just stop at my block or my district, my state or my county. It's also caring for what happens globally as well. As we approach a year of the Israeli zionist terrorist genocide on gaza, this council isn't closer to calling out their actions. They've ramped up their terrorism in the west bank by killing, injuring and kidnaping Palestinians. And they've committed one of the most heinous acts of terrorism in the modern age by using pagers, cell phones, laptops and even solar panels as bombs in Lebanon, which killed over 500 Lebanese people, including children. Leave it to Israel to find a new way to test new leave to Israel, to find new ways to test to kill people. I expect this council to say something about Israel's terrorism as people who claim to care about humanity. Mamie Mamie till wanted the world to see what white supremacists did to her son, Emmett till, whose face was left unrecognizable after their fatal attack on him. If his murder happened today, I would [12:10:23 PM] murder happened today, I would expect this council to say something, just as I do about the pictures and videos of children with shredded limbs and babies whose faces are almost intact, but the back of their heads have been blown out by Israel's bombing. I would expect this council to say something about the state killing of marcellus khalif khalifa Williams, just like I would expect you to say something about the sexual abuse and killing of Palestinian children and adult hostages taken by Israel. I would expect this council to say something about east palestine, Ohio and Flint, Michigan residents suffering environmental damage to their communities. Just as I would expect this council to say something about Israel's indiscriminate bombing in gaza, which is a form of ecocide and will take decades to address this environmental catastrophe. I would expect this council to say something about the workers rights abuses and the targeting of our immigrant family, just as I would expect you to say something about the congolese people forced into slave labor to mine materials for our tech industry, I would expect this council to say something about gentrification and displacement of black and brown people within our city, just as I would expect this council to speak about the uae causing a war in Sudan and [12:11:24 PM] uae causing a war in Sudan and displacing millions of Sudanese Sudanese people. Sadly, that is not this council. Though this council has failed to leave when it failed to lead. When it comes to war and the genocide of our global family, majority of the victims, who are black and brown and are of our diaspora. This is a council with some members who have refused to meet with or council meetings with our Arab and Palestinian family. This is a council with members who have probably who will robably cave to pressure to attend 7th October seventh remembrance events without acknowledging that Israel bombed their own citizens on that day. And they did this by using the Hannibal directive. You should look it up. Do better. You should do better. You guys should do better, yeah. City council start by making a proclamation that anti anti-zionism is not antisemitism. There can be no joy without. While the world suffers a free palestine protect Lebanon, Iraq, Yemen, Sudan, Haiti and the Congo. Thank you. >> Can we get those slides up [12:12:31 PM] >> Can we get those slides up please? Thank you. Hi I'm mayor vedros. They them pronouns. Austin dsa asked me 1624 jewish voice for peace Austin for palestine coalition. We've been coming here to speak in support of the ceasefire and in solidarity with Palestinians for almost a year, for one long and bloody year of genocide. We have pleaded and yelled and sung and chanted and on and on and at every turn we have been met with your near-total refusal to hear us. But your recalcitrance turned out to be a shrouded blessing, because you taught us things in your stubbornness. You taught us how to organize better. You taught us how to speak in public. You taught us how to recognize an enemy and how to recognize our comrades and our allies. And above all, you have taught me how to hate because I hate you. I hate your cold, stony faces. I hate your inhumanity, I hate genocide, I hate the apartheid state of [12:13:32 PM] hate the apartheid state of Israel. I hate settler colonialism. I hate, I hate, I hate, but hatred is not an agenda. Freedom is an agenda. It's a verb. And palestine is teaching us that. Yemen is teaching us that Lebanon is teaching us that our opponents filling this chamber every other meeting, clamoring for more death in the name of the hostages lives seem to believe that, like the Israeli war cabinet, further escalation will achieve de-escalation. We must bring the hostages home. Let us enact the Hannibal directive and kill our own people to prevent them being taken hostage at all. We must bring the hostages home. Let us block a ceasefire deal for months so we can continue to bomb all the places they might be held. We must bring the hostages home. Let us bomb gaza to dust and do terrorism in Lebanon. Maim and murder children, teachers and doctors in the north. Because it will bring home our loved south. If I were more generous, I would say that they are diluted by grief. But I am not feeling generous, and I think that they are feeling quite genocidal. Freedom is a verb because in freeing [12:14:34 PM] is a verb because in freeing palestine we free ourselves too. If we were half as compassionate as we thought ourselves to be, we would follow the example of the brave fighters in palestine and Lebanon and look for ways to stand in solidarity with the internationally recognized legal and holy, righteous struggle for a free palestine. Combs city contracts and portfolios to ensure we no longer work with genocide suppliers like caterpillar, Citibank, Chevron, Valero. We will be cutting ties with apartheid and washing the blood from our hands, praying god lets us pass through the pearly Gates. The time for a ceasefire is well behind us, and now it is time for an arms embargo and a boycott. I want to leave you with the words of Palestinian poet mosab Abu taha. We deserve a better death. Our bodies are disfigured and twisted, embroidered with bullets and shrapnel. Our names are pronounced incorrectly on the radio and TV. Our photos plastered into the walls of our buildings, fade and grow pale. The inscriptions on our gravestones disappear, covered in the feces of birds and reptiles. No one waters the trees that give shade to our [12:15:34 PM] trees that give shade to our graves. The blazing sun has rotted, has overwhelmed our rotting bodies, free palestine, free palestine. Maya and Maya palestine. Haris. Oh, I forgot your clicker. >> Sorry, Nina. Ning is signed up remote, but we don't see online. So I will go to Sydney Hollingsworth. >> If you'd be so kind, please do interrupt me. If my accompanying video is not up and running at the chamber. Thank you. I'm Sydney Hollingsworth. We all belong as a city sponsored initiative to promote inclusivity and unity across Boston. While the campaign portrays the appearance of promoting multiculturalism, deeper scrutiny raises concerns regarding its past partnership with the anti-defamation league. The adl is a prominent, well-funded zionist lobby [12:16:34 PM] well-funded zionist lobby organization with a sordid history of infiltrating and destabilizing civil rights movements and unveiling the adl. If you'd be so kind, please hang on one second while we try to get the video to work. Thank you. I appreciate it. >> Okay, please, please begin again and we stopped your time. So you please go forward. >> I'm Sydney Hollingsworth. We all belong is a city sponsored initiative to promote inclusivity and unity across Boston. While the campaign portrays the appearance of promoting multiculturalism, deeper scrutiny raises concerns regarding its past partnership with the anti-defamation league. The adl is a prominent, well-funded zionist lobby organization with a sordid history of infiltrating and destabilizing civil rights movement and unveiling the adl [12:17:34 PM] movement and unveiling the adl facade by recounting its past of vilifying and harming marginalized groups. My hope is to bring awareness so that the city knows to avoid future engagement with the adl. Founded in 1913, the adl aligned itself with right wing conservative interests as a way to consolidate wealth and suppress the jewish left, which was anti-colonialist and critical of zionism. The adl long standing right wing alliance can be seen today as it excuses anti-semitic statements of right wing Republicans. In 1993, a raid produced evidence of 40 years of espionage. The adl was caught spying on over 10,000 individuals in nearly 1000 organizations, including Cesar Chavez's united farm workers, naacp, aclu, act-up, and many more. Marquee civil rights organizations. The same scandal also revealed that the adl had shared information with mossad [12:18:35 PM] shared information with mossad in apartheid South Africa, showing the adl was willing to violate civil liberties to further their own goals. For decades, the adl has worked to mobilize public opinion against black leaders and their movements, often labeling nonviolent activists as extremist threats. These same tactics are used today. As the adl went out of its way to lead a smear campaign against leaders of the women's March in order to prevent the women's March from including islamophobia and palestine in its work, the adl presents itself as a higher moral authority. Their efforts to dictate what is acceptable activism have stifled voices that challenge intersections of racism, colonialism, and queer oppression. Perhaps most troubling is that adl's role in the deadly exchange program, a program in which which trains U.S. Police on repressive tactics used by the Israeli military and occupied palestine. Such repressive tactics include [12:19:36 PM] Such repressive tactics include racial profiling, surveillance techniques and, most alarming, the neon neck technique, which killed George Floyd. Needless to say, the adl is ill fit for any anti-hate program. Because of these reasons, I echo calls from within the community for the city to avoid collaborating with the adl in the future. Thank you. >> Shira Roth, Ariel levy marschak Irene heist I'm sorry if I'm saying these wrong. >> Please come forward and state your name for the record, you start my slides. >> That's not mine. Well, let them know what's your name? >> What's your name? >> Irene. You got it. That's the wrong. [12:20:47 PM] You got it. That's the wrong. Irene heights, district seven. Intifada means uprising. The first intifada broke out after. The first intifada broke out after 20 years of illegal occupation of gaza and the west bank. The widespread popular uprising consisted mostly of strikes, boycotts, demonstrations and rock throwing. Israel responded with shooting, breaking legs. The second intifada turned violent on both sides after Israel escalated over 200 years ago. My ancestor Jabez turner fought in a violent intifada to secure freedom of speech and freedom from taxation without representation. All Americans Mccallum and UT [12:21:47 PM] Americans Mccallum and UT students, even city council members, have both the legal right and a moral responsibility to speak up. When our government commits evil. Whether locking children in cages, state murder of black and brown people, oil pipelines on sovereign native American land, or the many wars our government has sponsored worthwhile worldwide. Someone who tries to suppress the right to say free palestine has no business calling themselves American. Israel has received over 310 billion us tax dollars, most of it going to subjugate and murder people who did nothing to us. Israel and organizations such as adl interfere in our politics, spy on us, sell our secrets, lead us into war, train our police to murder citizens, undermine our constitution and ruin people's lives over false anti-semitism charges while both are originally settler colonial states, America is a democracy with laws against murdering civilians, separation of church and state, and freedom of speech. Israel is an apartheid theocracy that has murdered more journalists in 11 months than [12:22:49 PM] journalists in 11 months than were killed in all of World War two. In Vietnam, mark Perlmutter and many other doctors have reported widespread shootings, sniper shootings of children, Palestinian doctor jumana posted about sniper shootings on Facebook. She was murdered in a precise, targeted attack, killing her two newborn babies and her mother as well. While her her husband was fetching the babies birth certificates. Israel does not want the truth to be known. They lied about their attack on the uss liberty, the murders of Rachel corrie and shireen Abu aqleh about a hamas command center under al-shifa hospital Israel invoked their Hannibal directive on October 7th, killing many of the 1140, not 1400, not 1200, who died that day themselves, then lied about who burnt bodies and fabricated rape and mutilation stories to try to justify their genocidal landgrab the sadistic, indiscriminate page bombings are not only war crimes, they will likely damage western society and tech sector and airline travel. You have said passing a [12:23:50 PM] travel. You have said passing a cease fire resolution would be divisive. This community is already divided between the majority who respect U.S. And international law and want the killing, including the killing of Israeli hostages, to stop and those who wish to continue the carnage. Which side are you on? Are you a good German? Who stays silent as his government AIDS in a genocide? Or will you call for a cease fire, boycott, divestment and sanction of war criminals? Will you stop using APD to suppress people speaking their conscience? Who. >> Please come forward and state your name for the record. Thank you. >> Hello. My name is Ariel levy marschak and I live in district ten. I'm here today to discuss the impact of discussion in city council chambers of the proposed ceasefire resolution and encourage you to keep such a resolution off the agenda. If you all have done so far. And I'm here to also just say thank you. I'm a lifelong Texan and a proud longhorn. I'm deeply [12:24:52 PM] proud longhorn. I'm deeply connected to this city and have been proud to call Austin home for almost 17 years. I have family here. My parents and cousins and I plan to raise my own family in Austin one day. I take pride in our diverse, welcoming community where differences are typically celebrated and embraced. It's these differences that make the vibrant that that keep life vibrant and make it interesting. If we are all the same, wouldn't it be boring? It's in these differences that I support my local Palestinian cousins and all of my neighbors and believe that everyone should feel safe in our own community. I feel safe in Austin and I want to ensure that remains the case for all of us as we live in the best city in Texas. Something I imagine we all can agree on. I want to keep it that way, to keep our city the best, our needs. We need to focus our needs on local issues that directly impact austinites like you all have done this morning. And that was really exciting for me to experience. Everything I talked about today in our city's issues, our overall population has grown what feels tenfold over the past ten years. And in this growth, the jewish community has doubled as well. No doubt. Similarly, the Christian, Muslim and people [12:25:52 PM] Christian, Muslim and people that endorse other beliefs have grown too. Again, this is something that we should be celebrating. Growing up in Texas, I never experienced anti-semitism until a few years ago when outsiders attempted to spread their hate along our highways. According to the FBI, anti-semitic hate crimes occur across the country have surged 63%. But I'm here today and with hope and encouragement that Austin is better than this hate and believe our community looks out for each other. Hate will not prevail. And I haven't felt unsafe in my community until this past year, when I heard about others pushing for a resolution that has nothing to do with my local community. I've always been taught to love my neighbor, and I do so with the best of intentions. I hope my neighbors will show me the same kindness in return. When we talk about issues like a cease fire resolution in a far off land, it distracts from the pressing needs of our community. I care deeply about being jewish, about being an austinite and most of all, being a good neighbor. I encourage you thank. Well thank you for listening to all of our stories today and for doing the work that you all do. Your responsibility is to us as [12:26:53 PM] responsibility is to us as austinites. The voters and the voters and the people of Austin. So please consider the lasting impact of the discussions we've had in these chambers. Just thank you, mayor and council members, for keeping the cease fire resolution off the table so far. Really appreciate everything you all do. >> Before the next speaker comes forward is our shia papa here is the caller that was the remote caller. Have they called in? >> No, mayor. >> All right then, please come forward. Members, as I indicated after this, speaker, what we will do is we will recess until 110, at which point we will take up item number eight. Please state your name and come forward, >> My name is Ira. And could you put up my slides? Is this the clicker for me? I just pressed next. Okay. [12:27:55 PM] next. Okay. >> Could you state your full name for us, please? >> All right. Shia rahman, as a Muslim, I have watched for the last 11 months our communities be dehumanized to the levels of justifying their extermination by the very people in this room. How can I sit here amongst people in the room who salivate for asymmetrical violence and tyrannical subjugation, for a marginalized community members today, this dangerous, unchecked obstruction of justice by zionists endanger us and actually make us unsafe and blatantly violate human basic principles of equality, justice and freedom. Also violating domestic laws of foreign assistance act, the arms export control act, the Leahy laws, the GOP's own conventional arms transfer policies in the national security memorandum that someone has already mentioned, there has been multiple violent attacks against Palestinians when their identity as Palestinian is known. I don't mean harassments or writing on the wall or death threats, just I mean stabbed to death in front of their parents, shot and paralyzed, stabbed in the chest, or attempted to be drowned, how blatantly disrespectful it is for our mayor to not only cancel a meeting with the victim's family, but also say in the same breath that you don't support [12:28:56 PM] breath that you don't support the stopping of the mass slaughter of the victims people that you yield to the side with the hate that actively kills, tortures, and subjugates people like him. How contradictory is that? That the mayor calls peace divisive when immediately he said he stood with Israel only when zionists felt threatened, nowhere to be found. When muslims and Palestinians are harmed. Prejudice towards muslims is the highest amongst all religious and ethnic groups in the usa. According to an extensive study done by the Brookings institute. This dehumanization is beyond rampant. Israel's longest running English podcast, two nice jewish boys claimed if you give me a button that would erase gaza, every single living being in gaza would no longer be living. Tomorrow, I would push it in a second. I think most Israelis would, if that's the choice. They also called to conquer all the Palestinian territories in Lebanon before some end, quote, Muslim goat people attack them first, seeming to be oblivious to the fact that preemptive attack, settler colonialism, occupation, and invasions make you the aggressor. This is the mainstream zionist stance from high ranking politicians to the majority of Israeli citizens who go on social media rampages to state the following and openly [12:29:57 PM] state the following and openly block aid intended for gaza miles and miles of it outside the border, even as Palestinian death and suffering grows more mountainous, we don't use the same words or coverage to describe it, perhaps as white people don't perceive pain and suffering the same as their own when it's inflicted upon brown and black people. There's nothing confusing or nuanced or, there's nothing confusing or nuance about decades of apartheid, subjugation, tyranny, extermination, and preemptive indiscriminate strikes, torture camps, execution of children, mass genocide, genocidal campaigns. Zionists like to push that equal application of humanitarian rights is complicated. That subjugation of half the population, the crime of apartheid is complicated or nuanced, but all I see are white supremacists who insist that it's too complicated to end slavery. Jim crow and all I see are white south Africans who clutched onto apartheid till the very end that no matter how bad Israeli violence and policy is, it is always justified. It's also important to note that over 40% of the cases of the 158 children shot and killed in west [12:30:59 PM] children shot and killed in west bank are prevented from receiving medical care or attention. >> Thank you, palestine members that concludes our 12:00 time. Certain public communication. Without objection, we will be in recess until 1:10 P.M, stay around for live music. We are now in recess without objection at 12:31 P.M. Well good afternoon everybody. [12:43:29 PM] Well good afternoon everybody. >> I'm Leslie Poole. The mayor pro tem for the Austin city council. And I'm delighted to be here today for city hall sessions to introduce to you all plan sonidero. This band. And there's a bunch of them, of course. And so the council member for district four is standing here with me so we can present and enjoy along with you all the music of planned sonidero. Let me tell you a little bit about this game plan. Sumidero wants to give to Austin the cumbia that is needed and deserved based out of Austin, Texas. Plan sonidero is one of the very few bands that plays cumbias in the sonidera style. Cumbia sonidera is a very authentic type of cumbia which involves percussion, keys, bass guitar and accordion. The group features members from various [12:44:29 PM] features members from various places from Mexico to Houston, and is currently hard at work on their first album. You can find them playing gigs in and around Austin and central Texas. So I will let you all play and then we will read the proclamation when we're done, have at it. Plan sonidero. >> Gracias por la invitacion. Nosotros somos plan. Sonido de Austin, Texas. Thank you so much for the invite. We really appreciate you being here. >> We're from Austin, Texas. Thank you very much. Cumbia sonidera cumbia desde teja's senal los tambores este [12:45:34 PM] teja's senal los tambores este ritmo se sopa by la cumbia sonidera. >> Cumbia desde tejas sena los tambores. Este ritmo es un reversa. Hi siempre es la misma [12:46:44 PM] Hi siempre es la misma situacion. Y les vaya Bien. Qué les vaya Bien Ya. No lloraré quédate con el Pueblo been les vaya Bien. Qué les vaya Bien. Qué mas viciosa Ya. No lloraré. Aunque Yo te extrano quédate con el duque. Mas preciosa quédate con él. Aunque Yo te extrano quédate con el. Ya sea dicen. [12:47:53 PM] Ya sea dicen. >> Esta cumbia. >> La San. Bailando en Austin, Texas. Las tangos Ando Esta cumbia. Las tangos Ando on Austin, Texas. La San bailando Ella Ella la cumbia. Buena Ella Ella la cumbia. Buena Ella Ella la cumbia. >> Buena Ella Ella la cumbia. Buena. >> Louie, louie. Louie, louie. [12:49:20 PM] >> Louie, louie. Louie, louie. Ho no te pertenece O sé qué es muy cruel? Amor por nada. Brother louie, louie, louie. Oh. Deja qué Saleh O la Feliz. Prometo a mala. >> Hey hey hey. Thank you, thank you, thank you, thank you, thank you, thank you. >> Oh, yeah. That was great. >> Thank you. >> I have some other council members in the hall here, so let's all come up. And you want to come gather around. We'll read the proclamation and then [12:50:21 PM] read the proclamation and then we'll get some pictures. Yeah. All right. Maybe, like. Right here. Let's have another hand for plans. Who wants to hold this? Who wants to hold this? Turn it around so folks can see it. Here's the proclamation. It's quite pretty. All right, so I'll read this for you all. Plan sonidero day proclamation, be it known that whereas the city of Austin, Texas is blessed with many creative musicians whose talent extends to virtually every musical genre, and whereas our music scene thrives because Austin audiences support good music produced by legends, our local favorites and newcomers alike. And whereas we are pleased to showcase and support our local artists. Now, therefore, I, Leslie Poole, as mayor pro tem of the city of Austin on behalf of mayor Kirk [12:51:22 PM] Austin on behalf of mayor Kirk Watson and the entire Austin city council, do hereby proclaim September 26th, 2024, as planned. Sonidero day in Austin. Thank you, thank you. Everybody. I will call back to [1:09:52 PM] Everybody. I will call back to order the Austin city council at this regularly scheduled meeting. It's 1:10 P.M. On September 26th, 2020 for the order that we're going to go in today is we're going to have a briefing on item number 80, is a briefing item related to an update on the convention center expansion. After that, we will be going into executive session. So, I will look to our convention center folks and we'll start with up number, item number 80. Would you do me a favor before you sit down? It's too late, but would you put that microphone down so that I can see without having you? Yeah, well, I want I want to see your faces. That's right. Alright. It's all yours. Thank you. All right. >> So good afternoon. Can you hear me? Okay >> Try it again. Yeah. How about now? That's better. >> Wonderful, so. Good afternoon, council mayor. City manager. My [1:10:52 PM] council mayor. City manager. My name is Katie zamecznik, and I'm an assistant director with the Austin convention center. I'm joined today by my assistant or my director, Tricia Tatro, and we are here to provide an update on the potential public private partnership, or p3, which is what I'll be saying throughout the presentation, that the convention center expansion team was exploring as part of the overall convention center expansion project. So I'm going to take you through the p3, the work to date and why we've made the decision we have on the future of that development. Then I'll kind of give you a high level of the overall expansion project and the work we've been doing there, and then talk about some next steps. So exploration of a p3 has long been part of the conversation around a convention center expansion. As you'll see on the next slide, we onboarded a p3 advisor in February of 2023 to assist in evaluating the viable options on the site that would complement convention center uses, would not impact the schedule of the [1:11:52 PM] not impact the schedule of the overall expansion project, would have a neutral budget impact on the expansion, and then would not impede impede our ability to achieve our rentable square footage goals. So back in February, we came before council to present on the overall overall idea of a potential p3, as well as with the market analysis done by our advisors at brown. At the time, we stated that the goals of this development would be to complement convention center operations, align with community and council priorities, and to generate revenue for the city. We did also mention that it was critical to align the design and construction of this p3 with the expansion project, as I think we've made pretty clear over the years, it is a pretty tight schedule. We are very we desire to minimize our impact in the market and the closure of events around the closure of the facility, and then our market analysis that was done by Hyatt brown showed us that only a hotel and or market rate [1:12:53 PM] hotel and or market rate multifamily were the only highly feasible options for the development on this site. So following that presentation, as you can see here on the slide, we learned two pieces of information. The first was given the changing market rates in downtown and sort of the residential units coming online. That a market rate residential tower was no longer feasible. And that left us with the hotel as the only viable option. The second piece of information we learned was that there was a provision within the indenture of trust related to the outstanding bonds of the city owned Hilton hotel that prohibits the city from constructing a hotel within the central business district of which our sites squarely sits. So we convened a cross departmental team with legal finance and our p3 advisor again, Hyatt brown, as well as engaged with the ace board leadership to explore and evaluate all options available. To mitigate this provision. At the same time, concept design was continuing on the expansion [1:13:54 PM] was continuing on the expansion and soon a decision had to be made regarding the design and construction of a below grade superstructure that would support a future tower. A hotel at the time of this decision needed to be made. There was no clear path forward on a resolution to this bond provision, and the cost estimates for the design and construction of the below grade superstructure exceeded our ability to absorb it within the convention center expansion budget, and so we had to make the difficult and frankly, disappointing decision to pivot away from the public private partnership on the convention center expansion site. We then reached out to schedule updates with council, but unfortunately, it was it was during the busy budget season and so we were unable to reach all of the offices until August. So even though we are unable to proceed forth with the p3 on this site, it does present the opportunity for the convention center to preserve the entirety of its six city blocks and will allow us to future proof the convention [1:14:55 PM] future proof the convention center. It's unlikely we'll be able to acquire any other additional property in order to be able to expand further in the future. Additionally, we have received information from our p3 advisor that a hotel on the site is not actually critical for the success of the convention center expansion. Austin strong hotel development will continue into the foreseeable future, spurred in part by the idea of the convention center actually being able to expand fully. So it's staff's professional recommendation that we hold the six city blocks fully for expansion. Allowing us to do this will mean more jobs, more economic impact, and future proofs. Our ability to hold larger and more events in the city of Austin. So switching gears and speaking of the expansion, just wanted to give kind of a high level overview of the work we've been doing on that side. So after council approved the contracts for design and construction late last year, we got our we got those firms on board and we kicked off our design work in [1:15:56 PM] kicked off our design work in January of 2024. We wrapped up concept design, which is the first phase in June of or sorry, in July of 2024. We are now in schematic design phase where we're defining the project's overall concept, including layout, form and spatial relationships. In April of 2025, we will officially close the building for construction, and then we'll reopen the building before the spring festival in 2029. So following this presentation, we will reach out to the edc to notify the development community they were handling the communications on this for us previously, and we'll notify them about ending our exploration of a p3 on the convention center site. We will continue to do our design work. As I said, we're hoping to wrap up schematic by the end of this year, early January, and then we will finally get to reveal the design of the building and all the hard work that's been about ten years in the making. We will [1:16:57 PM] ten years in the making. We will also this fall and through the next year, begin continue our engagement efforts, especially around the ground floor activation areas that we will have as as part of the overall expansion project. We do have some upcoming council items, including the decommissioning of the plant that is on the existing convention center site that you all approved earlier today. And with that, we thank you for your time and we can answer any questions. >> Councilmember vela, thank you, mayor. >> Appreciate the presentation and the update, I am also disappointed with the lack of a public private partnership, with regard to the feasibility of housing on the side of a residential component on the side, why was that found to not be feasible? >> Absolutely. So the market rate residential. So there are enough units that have come online. Rents are dropping in the downtown area. And so having another tower on the site of [1:17:58 PM] another tower on the site of residential did not, according to our higher p3 advisors, would not pencil out. There's enough supply downtown, that another tower wasn't needed for this. >> I mean, that's interesting just because we see a lot of other, approvals and projects moving forward just on the Dyess again, they're not necessarily launching construction at this moment, but, the residential market downtown sure seems to be, strong again. There's multiple cranes on on Rainey street, and multiple projects continue to go up downtown. What about the hotel? The hotel was found to be financially feasible. >> That is correct. >> And switching gears just a moment, looking at the other city owned hotel. Well, we have two actually with the airport Hilton and then the downtown Hilton, what are the revenues in terms of the, the Hilton that, that, you know, we currently own [1:18:59 PM] that, you know, we currently own and operate, >> I'm unable to speak to the overall revenue that the hotel generates. I know we were going to have one of our deputy cfo here that could that can actually speak to it. >> Good afternoon. Afternoon. Good afternoon. Kim Olivares, deputy cfo. The there is an operating agreement between Austin convention enterprises ace and Hilton for operation of that hotel. There is a very complicated and multi-layered, waterfall flow of funds. Relative to the operations and, and debt service operations of the hotel as well as debt service. So there are actually 14 different funds in that waterfall, so the, the revenues themselves of the hotel, I don't have that number. Right off the top of my head. I could get that [1:20:00 PM] top of my head. I could get that like our, just our general, gross operating profit, things like that. But is there a certain number that you're interested in? >> Well, I guess what I'm interested in, in the conversations that I've had would indicate that when we pay the bonds off, which I understand is going to be 20, 34. Correct, that the city will be in a position once the bonds are paid. That debt service money would be freed up. And that my understanding is that the city will be getting about $20 million a year in general, fund revenue from the city owned Hilton. >> So there's, so we pay approximately $17.7 million in debt service for those for the ace bonds. These are not city of Austin bonds. So make that clear, and when it comes, there is the possibility that flowing through the fund that allows additional revenue to come to the city is the very bottom of the 14 layers, so [1:21:01 PM] the 14 layers, so potential for that. But then we also need to take into account potential needs of that building. So the building is 22 years old, so we'll have to be continually thinking about what potential capital projects are needed at that building that the hotel revenue pays for. And so and that can be a there can be collaboration between ace and the city on that. But for sure. >> And I remember that we, extended a loan to the to ace slash Hilton, to make sure that they had the liquidity they needed during this, the closure of the convention center. Correct. Has that loan been tapped? No, not at this time. And is there an expectation that the loan will be tapped? >> It's very likely. We're we're we're in the process of, finalizing the next budget where the ace is on a different fiscal year, so we're in the process of finalizing that budget and those [1:22:01 PM] finalizing that budget and those capital expenditures. And then there will be the collaboration between ace and the city for potential utilization of it. >> Got it. And to, to summarize, we will pay off the bonds in 2034. I should say ace will pay off the bonds in 2034. And at some point the city owned hotel will generate revenue. And will that revenue go to the general fund? >> So, there as part of the waller creek tours, there is an expectation for approximately $2 million per year to come from the hotel to help cover costs related to debt service on all of those projects. Because of covid, that $2 million has not been able to occur for the last several years, but it would kick in, once possible again, the current bond indenture caps that that that dollar amount at 2 million, so once we pay it off, [1:23:02 PM] million, so once we pay it off, it does free things up, it would just be considered general revenue. So it could go to general fund or could go to any of the things. >> Got it. And the reason that I wanted to, to discuss this on the dais was because just looking at the broader fiscal environment for the city, we have our 3.5% property tax caps. It's obviously we can, you know, bump those through a tax rate election. But I really want to try and tap as many kind of entrepreneurial sources of funds, not tax funds, but different projects that the city can participate in and can invest in to get a return and thus ease the burden on our local property tax payers. And I saw the public private partnership there with the convention center as just that kind of opportunity, you know, and again, I'm going to be off [1:24:03 PM] and again, I'm going to be off the dais by the time the bonds are paid off. But that was an excellent idea that I believe the former mayor of Austin had way back when to when they were building the convention center to go ahead and build a city owned hotel. And what we did back then was really we planted a seed that the council of, of 2034 will harvest, and they will have that additional funds. And I guess today I want to try and plant another seed that hopefully the council of 2050 or 55 or, you know, somewhere down the road that they can have those additional revenues that can go into the general fund and house people and improve parks and, and do all the good work that that we try to do here on the, on the dais, >> Mayor birdie Watson in 2050 will be very happy that you did that, >> So the and the 2034, the bond covenants essentially say no [1:25:07 PM] covenants essentially say no competition with the hotel from the city. Is that correct? Correct. Okay. So my other kind of thought would be, can we build into the convention center footprint? The possibility of future expansion to include a hotel so that the city council of 2032 or 2034 or whatever the case has the ability to then build a hotel at that time? >> Yes. So thank you for the question, the if we were to halt right now to go back and, and redesign to include that superstructure, that again, was about $20 million that we don't have identified funding to be able to cover for that, it would necessitate delaying the project about a year, as we've said, it's critical for us to close after a south by and reopen [1:26:07 PM] after a south by and reopen prior to in order to mitigate that impact. And so you're looking at a convention center that we've already released all of our clients for this for this coming year. So you'll have a convention center that sits empty, we contribute about $470 million in economic impact when we are full, and so you'd be missing out on that. And then, as a result of that, there would be about another an additional, 80 to $100 million in costs that would be associated with that delay with for the escalation and having to include with the redesign costs, the good news is, you know, as I mentioned in the presentation, that simply by us expanding the hotels have already been building up. So you have hotels that are being built privately that are contributing, contributing those property tax dollars to the city. And they are continuing to grow. And they will continue. >> Let's talk about the delay. When you say that there's going to be a year delay, when did the project start in the design phase? Because we just recently made the decision to exclude the [1:27:08 PM] made the decision to exclude the public private partnership, and that was months ago. >> That's correct. >> How can a decision that we made just a few months ago, cause a year delay? >> Because what will happen is, as the project will slip beyond, and so then we will be missing being able to reopen by the spring festival of 2029. And it's critically important that we are open for that, so that we are minimizing that impact. That's a huge economic driver to the city and having for missing for spring festival seasons versus just three is quite, quite significant on an economic impact basis. And so for us, we would we would need to do that delay. The design would also probably alone would probably be about 4 to 5 months. >> So but south by southwest will continue to happen during the closure of the convention center, won't it. >> We can't speak on behalf of south by I mean, is he? >> I just can't imagine that. I mean, obviously they're going to have to relocate, but south by southwest is more than just a convention center operations. [1:28:09 PM] convention center operations. They have venues all over the city that I mean, the convention center is kind of, you know, yes, that's where the ticketing is. Yes that's where, you know, a lot of different projects are. But south by southwest is a citywide event. So again, completely understand that the closure of the convention center will be, you know, a headache for them. But the festival is so much more than the convention center. So I don't understand how that alone, given the other facilities that we have, palmer and various other locations, would necessitate its complete stoppage. The, so we've talked about the costs in not in, in involved in making the public private partnership happen. Let's talk about the revenues. What would be the potential revenues of a hotel that would be built on the convention center site? >> So in February, our consultant said that the 40 year property tax was, I think, just over 112 million over that time, >> That would be the property taxes that the hotel would pay [1:29:10 PM] taxes that the hotel would pay to the city. That's correct. And that was $112 million in that ballpark. >> I don't remember off the top. >> Okay. And then presumably they would either lease it or, you know, again, it's our land. They would have to pay us for the right to build on that spot. Do we have a sense of what the lease revenue would be for that hotel? >> We do not at this time. We weren't able to quite get that far. A lot of it would be determined by the trade offs that would come from some of the community facing benefits that we knew council desired within it. And so unfortunately, we don't know exactly what that what that dollar amount would be. >> And in addition, there's a hotel motel tax revenues that would be generated by the do we have a sense of what those would be? >> I believe that was somewhere with a 40 year impact. Was maybe I'd have to get I'd like to get that back to you in writing, okay, I apologize. >> No, no, that's no problem, well, council, I'm disappointed that the public private partnership was not included. I [1:30:13 PM] partnership was not included. I don't think that we are far enough along where it has been excluded, though. Obviously there are going to be, headaches and costs that would be incurred if we were to move forward and instruct staff to include that public private partnership with a hotel that has been found to be economically feasible, at this point, I believe and again, please tell me if I'm wrong. But again, we don't need to build it right now. We just need to make sure that the, the facility has the infrastructure to support a, you know, again, 2030 story hotel. Again, I'm not trying to but that that would be what we would really need to decide at this point with is that correct? >> The first step would be building that below grade superstructure. But again, that comes with cost that that the project could not absorb as well as the additional cost for the delays that the project cannot [1:31:14 PM] delays that the project cannot absorb. >> And when you talk about that, the project cannot absorb what revenues are we talking about and what budget are we talking about? >> Yep. So the convention center expansion project is funded by the hotel occupancy tax that is allocated to the convention center, as well as its revenues. >> And what is. And so that's a portion of the hotel motel tax. Right. That has been reallocated to the convention center rebuild. And I believe that decision was made a handful of years ago. >> Right. So a portion of it is. That's correct. The 2% that was approved by city council, I believe, in August of 2019, was dedicated specifically for the convention center expansion project. >> And so you're saying that that within that 2%, we don't have the budget to lay down the, the, the infrastructure for the hotel within the entire allocation of the hotel occupancy tax at the convention center is dedicating to the project. >> We do not have the additional funding to accommodate constructing, and I understand that and I understand obviously that staff is limited to the budget that they've been given. >> And so they're working within [1:32:14 PM] >> And so they're working within the parameters, you know, the limitations that we've given them. But you know, this body has other options. And we could tap other potential funds. I would hate to miss an opportunity to build another city owned hotel downtown. The first project was an excellent move, it has brought a lot of revenue to the city. It has helped bring life to downtown, look at our airport. You know, I mean, we are again. This has been in you know, my 30 some odd years here in Austin. Austin is now a vacation. And tourism hotspot, I really don't want to miss the opportunity to bet on ourselves. We're expanding the airport to handle all of this additional capacity, but we're going to pass on an opportunity to build another city owned [1:33:15 PM] to build another city owned hotel that could generate potentially tens of millions of dollars for the city in both property taxes, hotel and motel taxes, and a and a lease, again, this was a great idea when staff brought it to us, and I and I really appreciate them thinking about that public private partnership and presenting it to us, and I'm personally not ready to let that go. I really don't want to miss an opportunity to plant a seed that a city council far down the road will be able to, to harvest. So I just wanted to bring this to the attention of the council. I know we're not we're not making any decisions today, but more just kind of food for thought. >> Any other discussion before I let me ask, do we have anybody signed up to speak on this item? No speakers. Mayor, councilmember Kadri signed up. Well yes. Go ahead. Council member Kadri. >> Great. [1:34:15 PM] >> Great. >> Okay. Well, thank you, mayor, I just want to thank councilmember vela for his very passionate comments, you know, I think it's safe to say that there's so many folks on this dais who are invested not only in the convention center, but just the future of our city and making sure that we put things in place that that future councils and future residents of the city don't have to worry about that. You know, some headaches that we might have to deal with. You know, birdie, birdie Watson doesn't have to deal with, in several years. So I just want to echo that. But I really do appreciate y'all's time when y'all meet with me in my office and so many folks on this dais and want to thank you for the updates. I have some questions. They're, more softball questions, so they won't they won't be that much, I just wanted to ask. Now, now that we've halted the exploration of the p3, what does engagement process look like for the community? Benefits on site? And what can we do to maximize [1:35:15 PM] And what can we do to maximize that? Yeah, absolutely. >> That's a really great question, so we've already been doing kind of some of our engagement. We did that as part of the p3 exploration. We will be kicking off some surveys and some focus groups this fall. And then once we actually have kind of that first round of renderings, when we're able to really get all the legos on the page, we will be beginning that in earnest. As I said during the presentation, we really want the community to be invested in what we have and what we have available, and to hear their ideas. We know that there's already a lot of really good ideas that have been circulating, so we'll be doing a pretty robust engagement certainly toward the end of this year and beginning into the early part of next year. And then while we're continuing through, because we'll have opportunity to kind of really think about what those spaces are while we are constructing the physical and demoing and digging out that big giant hole that we're going to be digging in downtown. >> Great. Thank you, and then just out of curiosity, when do you think conversations around community benefits would begin with stakeholders and folks on the dais, [1:36:16 PM] the dais, >> We I would anticipate probably toward the end of this year would be when it would start being most appropriate, we're happy to, you know, council members have other ideas and would like us to meet with specific groups. We're more than happy to do it. We are still kind of figuring out the legos on the page. And so we need just a little bit more time to be able to say exactly where on the site. Those those spaces are laying out and what opportunities there are. >> Great. That's it for me. Thank you. >> Other comments. Yeah. Councilmember Reinhold, I just want to fully understand, based on a question, councilmember Vella asked. >> So looking at your timeline, you have July 2024 noted as the deadline to notify the design team on the superstructure and so let's just pretend we could rewind for a moment if in July we had told them yes, go forth and design that structure, take the money, the 20 million off. Just put that to the side for a [1:37:18 PM] Just put that to the side for a moment. Told them, yes, go design. That would have given us ample time to meet the 2029 deadline. Is that correct? >> So I think unfortunately, we can't completely set aside the funding because that became part of the conversation. So if we if we did have the funding, then yes, we probably could have had some time. The other piece of it though is that we had to start making we would have had to start making assumptions about what the hotel was going to look like. That might have been contrary to what the developer would have wanted, as I've learned a lot about superstructures in the last six months, and it turns out that they're not they're all very different and they're all very specific. And so that was a big part of the reason why we needed that developer to come on board and be designing in tandem with us so that we knew, so we did have to make some assumptions based sort of on best guesses from our design team, they are they are very good, so I think there would if, if funding was not an option, there potentially could have been. But again, you [1:38:19 PM] could have been. But again, you know, we know that this project is funded by hotel occupancy tax. That's very important to us. We don't want to put it on the backs of anybody else. And we certainly would not expect that, and so given the reality that we were facing, that was the decision that we kind of had to make. >> And what is the budget for that? You all are operating within? What what is the totality? >> So the construction budget is the 1.2 billion that that city council approved. >> And so I guess what I'm there are two things I'm really trying to understand. And doesn't make a whole lot of sense to me, but I'm also not in the weeds of this. Like you are. If we are two months later than the decision point. From a non-monetary perspective, if we could today say yes, do the superstructure, then that gets us to a festival season in 2029 where we are two months from [1:39:22 PM] where we are two months from completion, right? I mean, that based on the timeline you gave, it seems like that would be the truth. If not, maybe that will help set me straight. But that's just where my mind takes the timeline. >> So, if we had said yes in July, potentially. But now that we're two months now, they've already been proceeding with design work because, again, we're on that very tight timeline. And so I think it added and I can confirm this with our team and get that information back to you, but I think it would add at least four months to go back and stop the redesign, because now we're proceeding forth with, the way that the site is laying out. And so to go back and then having to do that next step, especially since we're in schematic. So I think it was about a four ish month delay, which would mean four ish months after the spring festival season in 29 at the at the earliest, okay. >> And I know y'all are still looking at what the final design is. You haven't finalized that, but is there any kind of world where we say this project by [1:40:24 PM] where we say this project by once again, spring of 2029 is going to be 95% built out. This little corner is not done. And so we're going to that that is not available. Maybe we'll make up a little bit of that space at the palmer events center or somewhere else. But where substantially the facility is complete, or at least a portion thereof, to allow for us to not miss that season. So to somehow bifurcate or cordon off an element there. And once again, I don't know all the details of like if that's possible, but is there a world where that's possible? >> I mean, I don't know that I can ever say there's not a world because, right, there's a thousand different scenarios, but, you know, I think we will have an active operation at that point. And I think that would be where some of our, our loading docks or our trucks would be going in and out of, and additionally, the way that the design, I mentioned being able to fully expand on the site with the hotel there, we wouldn't be [1:41:25 PM] the hotel there, we wouldn't be able to do that. So if we set that aside, it would actually impact our ability to get to our full development goals for the for the site, and so I think there are some pieces around there, and what kind of knowing the pedestrian interaction that we're looking for in the engagement that we want around that, and we want to be able to have those community benefits open when we are doing the convention, when we have the convention center reopened as well. Okay >> All right. >> Thank you very much, councilmember Allison alter. >> Thank you. I appreciate the discussion and the importance of the issue, two questions. One, what I understood was that we're not allowed to build a hotel, even if we had the money and we had designed it. That's correct. In back in July or started that process. That's correct. Because of the covenants for the ace hotel. >> That's correct. >> Okay, so we've talked about multifamily, we've talked about hotel, and we had some conversations. I just want to get clarity, you know, is there a scenario where we build city [1:42:27 PM] a scenario where we build city owned facilities, you know, whether it's ems or office that should be as part of this space, >> So we've explored some of the other I know, ems, we've explored some of those opportunities, and they unfortunately don't fit within the footprint. We've been working closely with that department, as far as some of the other city facilities, we have not heard a need from from folks on that, and so at this point, I think, to, to stop and go back on that, we would have to probably do a redesign to, to get a different kind of superstructure underneath there as well. So I think we'd be in the same place with the delay. >> Okay. Thank you. >> I believe that we have moved our plans for all facilities to be owned. At this point, I don't know if miss Olivares wants to speak to that. >> We're absolutely looking at, when it comes to all of our overall facility planning, we're always leaning towards an owned situation versus any lease [1:43:28 PM] situation versus any lease situation, one of the things that we're also looking at, and I think this speaks to one of your comments earlier, councilmember Peralez, is, is that revenue generating capability, understanding that 3.5% cap is we've we've finally hit the wall on that, so as myself and my team and my colleagues are looking at all of our real estate transactions, developments, redevelopments, anything across the board, we're also looking at where are the revenue generating capabilities to help supplement whatever costs there may be, either at that facility or for other needs of the organization. So that is definitely something front of mind for us in terms of our overall real estate strategy when it comes to the fire and ems in particular downtown, we're definitely working very closely with those departments to, determine a long term plan for station downtown stations and, and how we can address those, because those those stations are definitely in need of some, some love. >> But in terms of basic office needs that are not very [1:44:29 PM] needs that are not very specific, like ems or fire or like a fleet station, we have pretty much either purchased or plans for most of the projections at this time. >> We are very there will be some instances where a lease is just the only option, but generally speaking, we are. We're there at a fully owned. >> Okay, great. >> Thank you. Okay. Other thoughts, Mr. Punch, why don't you come take three minutes? >> Thank you. Mayor. Council members bill bunch, district five. Speaking as a citizen taxpayer and former member of the tourism commission for a number of years where I served because of my commitment to, first and foremost to the music community and our cultural tourism. I think the one thing I agree with you all on any of this, especially what Mr. Vela [1:45:32 PM] this, especially what Mr. Vela said a minute ago. That's the one thing that's true, our tourism is booming. That's where the money is coming from that is generating this phenomenal hotel tax revenue stream. People are coming here for cultural tourism. They are not coming for the convention center. It is losing money hand over fist. Tens of millions of dollars every single year, the cost that you're being told here is not true. This this project was going to be 1.3 billion four years ago, and now they're still saying 1.3 billion. Your water utility tells us the construction costs have gone up 100%. This is a $3 billion project. Seriously. And that's just construction. You're then you're going to look at annual operating losses of 80 to 100 million a year. That is looking at the convention center industry nationally, there's a gross mismatch between supply and demand and even the huge [1:46:34 PM] and demand and even the huge convention centers that are successful, like Orlando, Florida, they're literally giving the space away. No, nobody's paying for convention center space anymore. The industry is tanking. So what you're talking about doing is committing $3 billion over the next 20 to 30 years. That should be money going into the pockets of cultural tourism, live music, the film industry, nature tourism, you're literally stealing it from the music community first. And foremost. But all the other unique businesses are the arts and film production, you really need to step back and look at this. You're getting scammed. I mean, this is supposed to be a briefing. There was no backup. Y'all have nothing. You're having to ask, what is the budget? You don't know what the budget is. We talked. We heard [1:47:35 PM] budget is. We talked. We heard about 14 waterfall revenue streams. Can y'all name one of them? Besides the hotel tax, do you know how much percent of the hotel tax this thing's going to consume year after year after year? While we keep telling people we care about live music, this is a dead music capital of the world. We have a band with that name now, and it fits, I've never seen a boondoggle this gross and extreme. You can't tell anybody that you care about affordability. If you go forward with this project. >> Thank you sir. Members. That concludes item number 80. Thank you all very much, at this point, thank you, councilmember Vila, the city council will now go into a closed session to take up four items pursuant to section 5.51071 of the Texas government code. The city council will discuss legal [1:48:35 PM] council will discuss legal issues related to item number 85. Kathy cocco et Al. Versus city of Austin. City of Austin. City council cause number d1 G n24005425. In the 126th district court of Travis county, Texas. Item 115 a change in gas rates proposed by Texas gas service company and the potential agreement to modify the proposed rates at the matter before the Texas railroad commission in docket number oh. (240) 001-7471 2024, item 116. The rules and procedures for city council meetings, also pursuant to section 551.074 and 551.071 of the Texas government code, the city council will discuss personnel matters and legal issues related to item number 76, which is designated approval of a resolution appointing Margaret Shaw to the Austin convention enterprises board. Is there any objection to going into executive session on the items announced? Hearing none, [1:49:35 PM] items announced? Hearing none, the council will now go into executive session at 1:50 P.M. For members of the public. As soon as we can come back out, we will and we will take up the order that we will go in when we come back. After that is, we will take up items 112, item 76, item 81, and then zoning matters thanks [3:12:22 PM] thanks >> Afternoon, everybody. I'm going to call back to order the Austin city council meeting at its regular scheduled meeting for September 26th, 2024. It is 3:13 P.M. We have concluded the executive session that we had and we are out of that closed session and in closed session we discussed legal issues. Related items 85, 115, 116 and 76. We did not discuss personnel. Personnel issues related to item number 76. Members. What we're going to do the order. I'm going to try to take things up. And for members of the public as well, is we will go to item 112, item 76, and then item 81. And then we will go to the zoning items. So the first item we will take up is item 112. Would you like to lay out just briefly item 112 [3:13:26 PM] lay out just briefly item 112 and, and then we'll have public comment on item 112. >> Mayor and council Neil falgu from the law department. Item 112 is an ordinance related to the rules and procedures for council meetings. And we have substantially revised the rules related to work sessions and how the agendas for work sessions operate. So that's the bulk of what the new rules address. >> Thank you very much, I'll turn to the city clerk's office for public comment. >> Thank you. Mayor. We had one person sign up remote, but they have not called in, so I'll just move to in person speakers. Cathy Mitchell, William bunch, Roy Whaley, and Bobby Levinsky. >> If your name's been called, please come forward. >> 30s ago. Going up. I'll go. She just. Okay thank you. Mayor. [3:14:28 PM] She just. Okay thank you. Mayor. >> Council bill bunch will save our springs. Alliance district five, generally, these are a big step in the right direction. >> After the recent multiple and unfortunate litigation, there's still a couple of issues. One, that actually two that were just brought to my attention. So I'll start with those, on the work sessions, the timing is not okay with the council being able to add or subtract after or with almost no time for people to sign up, so you need to have a fair shot at being able to sign up to speak at what we label work sessions on Tuesdays, so please fix that. Also, I don't think it's appropriate to allow the mayor to just cancel a meeting on his own, Willy nilly. And also, that raises potential [3:15:32 PM] And also, that raises potential timing issues, y'all should be meeting more frequently, having more open discussions, figuring stuff out in the public, listening to the public, engaging the public, not making all the decisions in the back room and then having these meetings, public meetings be rubber stamps, two other quick points on postponement. I don't think it's I know it's been our practice and a lot of people honor it and I typically do as well. But I don't think that it's consistent with the law to say if there's a motion to postpone that a speaker can't speak to the merits and is can be restricted to postponement, on the law, but on just good policy. If somebody has made the effort to sign up and speak, you should let them. You should be let them here be heard on the merits of an item. They might not be able to come back next time, and they shouldn't be [3:16:33 PM] time, and they shouldn't be required to come back next time, and then from the charter amendment litigation, there's nothing in these rules. Just to highlight it that says that separate items must be listed separately on the agenda, the charter amendment issue is pretty flagrant. And lumping items under one listed agenda number item, but if you really look at your agendas, that happens more often than you might think. And it's not appropriate. So the council, the mayor who's charged with putting the agenda together, working with the city clerk, should be super cognizant as well as city legal and not lump multiple items and call it just one item on the agenda. So thank you for your consideration. >> Hi Cathy Mitchell speaking on [3:17:35 PM] >> Hi Cathy Mitchell speaking on my own behalf, I just wanted to point out one thing that I saw in here, and that is a timing issue, you all should be able to ask for a work session on things that are going to be on the Thursday agenda. This rule seems to create a noon deadline on Friday for, asking for a work session. But as we all know, the deadline for an addendum to the agenda is after that. So an item can be on the agenda, but you would not be able to ask for a work session, no matter how important it is. So I think it's a reasonable change to have the deadlines follow in order of first you find out what's on the agenda, and then you have time to request work session on it prior to Thursday. That's all I really wanted to talk about today. Thank you. >> Mayor. Council Bobby lavinsky [3:18:39 PM] >> Mayor. Council Bobby lavinsky with save our springs alliance, I was actually going to compliment the mayor on something today, but he's not here anymore, so the way that the meetings have gone lately, you kind of group all the public hearings together, and it's really hard to follow, so it'd be really helpful to have the items kind of read individually. So people when you're we're going up to speak, we're not having to waste your time on trying to explain what we're talking about. And then you catch on about halfway through. I think the additional time that we've had lately has actually been able to give us, an opportunity to give better dialog to the council. And it's actually resulted in probably better policy making at the end of the day, I want to highlight one issue. This has become an issue, not necessarily with this council, but it's other bodies. So I just want to point this out. And bill touched on it, we did not speak on it, but we noticed the same issue on page three, on part four, section I, it it says that the American unilaterally cancel a council meeting this conflicts with the article 12 of the Austin city [3:19:40 PM] article 12 of the Austin city charter that permits two members of the Austin city council to call a special meeting. When you have that level of conflict, it's usually because two council members are not being able to get a meeting called. And so for them to go to that level of saying, hey, we need a meeting, let's call it, to have a provision that conflicts with that and then has another single person be able to cancel that meeting. Doesn't make any sense. We've had that same issue happen at campo, so it can happen. I'm not saying it happens here often with Austin, but it can happen. And so those two provisions just conflict. And I would encourage you to either resolve that conflict or just strike that provision. Thank you. >> Howdy y'all. My name is Roy Whaley. I'm the conservation chair for the Austin regional group of Sierra club, 47.4%. I know that's not the topic, but that's how full lake Travis is right now. And that is our water source. Please stay cognizant of that on an issue that will be [3:20:41 PM] that on an issue that will be coming up later. As a matter of fact, I'm never going to be in favor of curtailing the public's right to speak. I will always believe that everyone has the right to come down here, and you have the responsibility of listening. I don't think this is particularly true for those of you that are running for reelection right now. I don't think I've seen a bumper sticker yet that has said, vote for me and then go home and sit down and shut up, but democracy is messy and meetings do go on too long and there is a lot of repetition. I'm not going to repeat what the fine attorneys just said on the legal issues. There are enough attorneys on the dais that I hope that you all understand that, the main thing is that. This this does seem like a good compromise, but [3:21:45 PM] seem like a good compromise, but but not only should we be able to stand up here and speak. Y'all, y'all please listen. I mean, maybe you don't want to listen to me. I can understand that. I barely can stand myself. But when the people come in, I watched from home. This morning while I was working. And there weren't as many people speaking. What I miss about the council meetings of the past. Going back to when you were mayor, before it was that you used to ask questions of the people standing at the dais that council members were not intimidated about asking the speakers to expand on what they were saying and call staff back up to get information off of that. I really miss that kind of democracy. Once again, [3:22:46 PM] kind of democracy. Once again, I'm not saying call me back up, but there are people that come down here and they're scared witless to be here. They need to have their their concerns addressed and be allowed to expand on what they have to say. And that is democracy. And I don't think there's anybody up there that doesn't agree with democracy. And that means not just voting, but getting in the dirt, getting your hands dirty and doing the work. Thank you. Thank you very much, mayor. >> That concludes all the speakers for this item. >> Thank you. Members, I'll entertain a motion with regard to item 112. The mayor pro tem moves approval of item 112. It is seconded by council member Kadri. Discussion. With regard to the item. Thank you. Without objection. Item 112 is adopted. [3:23:50 PM] objection. Item 112 is adopted. With council member Ellis, council member Harper Madison and council member council member Harper Madison. How do you vote in favor? Hold up one finger if you're in favor. All right, council member Harper Madison, is shown voting in favor. Council member Ellis and council member Alison alter off the dais, that will now take us to item number 76, which is an item from a council committee. And I'll recognize the mayor pro tem as the vice chair of that committee on that item. >> I think we have a potential postponement to be offered, so I'll defer to council member Fuentes. >> Okay. Thank you. >> Yes, colleagues. I moved to postpone item 76. If I can have additional time, I'd like to work on some direction. >> Very good. Was there a date that you wanted to postpone this [3:24:53 PM] that you wanted to postpone this to? >> To our next council meeting. >> Thank you. And I'll second that. >> Very good. So, motions made by council member Fuentes, seconded by the mayor pro tem to postpone item number 76 until the next council meeting. Is there anyone signed up to speak on this item? >> No, mayor, >> There being no one signed up to speak on this item. Without objection, item number 76 will be postponed until the next council meeting with council member Ellis and council member Alison alter off the dais, that will take us now to item number 81. Before I go ask for a motion on item number 81, let us have public comment on that item, and I'll turn to the city clerk for public comment on item number 81. >> Thank you. Mayor, we have a couple remote speakers. I'll start with them. Kaiba white. Miss white, could you please [3:25:59 PM] Miss white, could you please unmute? Lynetta cooper. >> Hello. Hi Mr. Mayor and council members, my name is Lynetta cooper and I'll start with them. Are you the white? >> Hello, miss cooper, if you would turn off whatever you're you're utilizing to listen to the council meeting, we're getting feedback, okay. >> I am so sorry. Can you hear me? I'm. I'm. I just want to make sure we can. >> We not not only. Not only can we hear you, we can hear whatever's going on in your house. So. Yeah just, turn on, turn off the TV or mute the TV, and then. >> And then was following you guys, okay? No question. You can [3:27:00 PM] guys, okay? No question. You can hear me. Sure thing. First time, well, I'm Lynetta cooper, and I'm asking you tonight to the Texas gas service. Requested rate relief. That's before you. Today's item, agenda number 81. The rate case before you is a rush to judgment on what the utility can charge your citizens for their retail gas service. Because investor owned utility rate making is bifurcated between gas utility rate making and before the city with your original jurisdiction and the railroad commission's original jurisdiction over customers who don't live within the city. The Texas gas service filed its requested rate relief at the same time before the railroad commission, and before Austin. Any appeals, that of the Austin rate case will be to the railroad commission, who will hear your case and make up its own mind without any reasonableness presumption of [3:28:02 PM] reasonableness presumption of your decision. You make today on what the commission, what the utility can charge its Austin citizens. And on appeal, they can appeal the case and on appeal. Then there's another 185 days for the railroad commission to make their decision. This case has only been alive for 90 days, and it involves huge increases in utility plant investment and the shifting of costs from commercial to residential customers. All of this is being done without a residential consumer advocate present. And one of the reasons is because it's the statute. The statute only allows the office of public utility counsel to intervene at the railroad commission. If the council if your decision is appealed to the railroad commission and you provide a written request for the office of public utility counsel to intervene. So [3:29:03 PM] counsel to intervene. So consequently, I'm asking you all to deny the utilities rate request. And if but it's more like when the appeal to the railroad commission is perfected, provide a written request to the office of public utility counsel to intervene in this rate case, because they have the resources they represent residential consumers. And that's all. It's short and sweet. Thank you for your time. >> Thank you. >> Raphael Schwartz. >> Raphael Schwartz. >> Hi there. My name is Raphael Schwartz. I'm sorry I couldn't be there in person. I'm a resource management commission member. I first want to thank Diana Thomas, the city staff and outside counsel, for their work to reach this agreement. I'm glad the city was able to advocate for the residential rate class and create a more Progressive rate structure, lowering charges for the low income customers who use less [3:30:03 PM] income customers who use less gas. It's hard to comment on the whole proposal, since the memo does not make clear what the customer gas charges will be, or what the real bill impacts will be. As far as I could tell, I would like to mention two things. First, as myself, myself, and others stated in the last hearing four weeks ago, San Antonio gas charges are literally about half of what we're looking at here. That alone should raise eyebrows about the situation with tgs. The second thing I want to mention is the important topic of gas line construction charges for new customer hookups. At the last public hearing a month ago, tgs seemed to imply Texas gas service seemed to imply that existing customers are not subsidizing new hookups, one might ask, well, where is the money for the construction coming from in truth, the new customer growth is paid for by existing customer rates. Tgs stated that the construction hookup costs will eventually be covered by the new customers future revenues after a period of years. Now, of course, tgs [3:31:05 PM] of years. Now, of course, tgs like any business, will need to expect the future revenues will eventually cover their capital investment, right? But that doesn't change the fact that existing customers in the form of our rates are literally the source of funding today for subsidizing the significant new customer hookup expenses and funding gas expansion across our area and across all of Texas. Different areas in the state. For the last year that I have data existing customers paid for nearly 94% of new customer hookups. Only 6% was paid by the actual new customer. This wasn't made clear at the last hearing. Austin energy, in comparison, charges new customers 100%, so existing customers do not bear a burden for the utilities expansion. In the case of tgs, new growth across Texas has caused existing customer gas rates to increase, which explains a lot of why gas rates have doubled in the last five years. And all of this dovetails into the fact that it seems the city needs to get serious about studying a way out of this situation with the franchise renewal coming up, whether that's municipalization or some other outcome. One initial [3:32:07 PM] other outcome. One initial action the council can take is to adjust resource management commission's purview to cover gas utility issues, as has been asked, which may be a small first step on this. Thank you for your time and consideration. >> Rafael, are you done? >> Yeah, I think he hung up. >> Kaiba white. >> Hello, this is kaiba white with public citizens. Texas office. I am a primarily going to address the structure of the residential rates at Texas gas. Although certainly we do have a concern with the persistent rate increases. I think, however, if those rate increases are going to be moving forward, particularly for the residential class and really the residential customers taking the burden to [3:33:07 PM] customers taking the burden to the benefit of larger industrial, commercial customers, the city needs to get some concessions at the very least for those increases. And I would suggest that the structure of the rates would be a good place to start, because it would allow Texas gas to, you know, still get the revenue that they say that they need, which, you know, perhaps is questionable, but do it in a way that aligns better with city priorities and established city goals. And that would include encouraging energy conservation, which is something that is established in the Austin climate equity plan as a goal and a strategy within the sustainable building section. And when you have rates that decline as you use more energy, in this case natural gas, it really is at the very least does not encourage conservation and [3:34:08 PM] not encourage conservation and in a way can almost send a signal that there is no point in conservation and Texas gas rates. You know, which does include a very high fixed customer charge. Do send that negative signal that is contrary to energy conservation. I am unfortunately a Texas gas customer myself. I hope one day not to be because currently throughout the months when I'm using no gas whatsoever, we still pay about $30 a month after we have accounted for the fees and using zero gas, and that is just because of their high fixed charge. So then when it comes to actually using gas, yes, it does increase the bill some, but it certainly is sending a negative signal that, you know, almost might as well, you know, turn on my heat when I don't really need it because it will only affect the bill in a very marginal way. So we are sending a very negative energy [3:35:10 PM] sending a very negative energy consumption signal to customers. And that is also an inequitable, kind of approach, especially when it is paired with giving decreasing rates to those larger commercial customers. And we have models, as Paul robins has circulated detailed information to you about this, and I know you are aware that Austin energy and Austin water both have Progressive increasing rates. So when you use more water. >> Thank you, miss white. >> More electricity you pay more. >> Thank you. >> Luke Metzger. >> Yeah. Good afternoon. This is Luke Metzger. I'm the executive director of environment Texas, and I'm speaking to urge you to reject the proposed compromise with Texas gas service on their requested rate increase. While it's an improvement on the original tgs proposal, it still includes a rate design which [3:36:11 PM] includes a rate design which rewards waste rather than conservation, and still peddles the false renewable natural gas solution. First, I want to comment on the rate classes and rate design, which refers to how the fixed and variable charges on customer bills are set. An important principle of utility rate design is that those customers who impose higher costs on the system should pay more. Rate design can also help or hurt other critical policy goals like energy efficiency and conservation, and while better than the original tgs proposal, the settlement is still bad for tgs customers and Austin as a whole. First, customers in the small residential residential rate class would see a modest increase in their fixed customer charge. The fixed customer fixed charge for customers in the large residential class would almost double, and these are charges customers pay every month, even if they consume zero gas and then higher. Fixed charges mean lower per therm [3:37:14 PM] charges mean lower per therm rates, meaning that under the proposed settlement, households that use more gas will actually pay less per therm of gas than small customers. This gets it exactly wrong. Altogether the new proposed rate classes and design will reward households that consume high amounts of carbon emitting and health harming methane gas and punish those that consume low amounts. They encourage energy waste and discourage energy efficiency and conservation, which saves individual customers money and benefit all customers in the public by lowering overall system costs. A better alternative is to keep all residential customers in a single class, keep the fixed charge low. Implement a Progressive rate structure just like Austin energy and Austin water. And the other thing that I want to mention is about the proposed renewable natural gas credits, which we encourage. Austin. The city is served by Texas gas service to oppose rather than conditionally [3:38:15 PM] rather than conditionally support the implementation of this new optional fuel rate. As greenwashing. It has the appearance that the gas utility is doing something to reduce its carbon footprint, forestalling more fundamental and impactful changes like energy efficiency and home electrification. So I urge you to keep fighting with the franchise agreement up for renewal in two years. Austin, which is I think, the largest city in the that service area has real leverage. And if tgs refuses to give us a fair and clean deal, we should start shopping around for another company, which will or just run the gas service ourselves. Thank you. >> That concludes all the remote speakers. So I will move to in-person. Paul Robbins and he has time donated by Roy Whaley. Roy, are you still here? There you go. Six minutes after Paul Albritton and then Craig nazer. >> You're on. [3:39:16 PM] >> You're on. >> Good afternoon. Council I'm Paul Robbins, an environmental activist and consumer advocate. I'm speaking against the rate increase proposal by Texas gas service, let me begin by stating how outrageous the rate increase is. If the gas company wins its proposal, it will have increased residential rates by 105% since 2019. This will be over $300 per year per residential customer and a collective $67 million a year for the residential rate class. One big reason is a gigantic $342 million, 63% increase in capital expenditures in just a four year period. However there has only been a 3% increase in customers of this [3:40:16 PM] increase in customers of this $342 million, 63% increase. More than $185 million, more than half is for new infrastructure. Evidence presented in this rate case indicates that only 2% of this amount has been reimbursed to the rate base by developers Austin energy and Austin water collect 100% of hookup fees if a developer if developer fees are raised, the rate increase would obviously be reduced or eliminated. And not only are the rates too high, but they are poorly structured. They are regressive. The more you use, the less you pay per unit. This discourages energy conservation and it hurts the poor, who generally use less energy because they have less disposable income. This is the shape of Austin energy's Progressive residential rate [3:41:16 PM] Progressive residential rate structure. After the initial monthly charge. The more you use, the more you pay per unit. Austin's water rates are even more Progressive, and Austin water's rates for those on the customer assistance program are even more Progressive. In contrast, the rates for Texas gas service are highly regressive. This is the shape of the current compromise proposal for the first rate, and this is the shape of the current compromise proposal for the second alternative rate. The reason these rates are so highly regressive is the absurdly high monthly fees. The gas company has an automatic weather normalization charge on the bills, so it is difficult, if not impossible, to under collect its revenue requirements. As [3:42:18 PM] its revenue requirements. As such, there is no justification for these high base fees. Another huge problem with the rate increase is the way it treats low income ratepayers. The gas utility provides so little money to help low income customers that it could be confused as satire. The modest increase for 120, up from $120,000, or less to $200,000, pales in comparison to the need Austin energy and Austin water collectively spend at least $24 million a year for this purpose. An additional $500,000 for a pilot customer assistance program for tgs for Texas gas service should be included in the new rates. This is a pass through charge that would not affect the company's profits. [3:43:19 PM] affect the company's profits. Now, given the issues I've laid out, I propose the following points as part of any settlement in this rate case. First, full cost recovery for new customers, not 2%. Second, eliminate regressive rates. Instead, have one rate with three progressively higher tiers. This proposal was recommended to you by the city's resource management commission. Third, dramatically increase low income funding for a pilot gas utility customer assistance program of half $1 million. Fourth, stop all future capital additions above a certain minimum cost. Without city council approval and fifth, and finally, conduct a prudent investigation into this alarming $342 million, 63% increase in capital additions. [3:44:22 PM] increase in capital additions. Finally, I want to again mention the ultimate strategy to deal with rate increases from private utilities. Municipalization Austin should not have to deal with this constant onslaught of price gouging. If the gas company cannot deliver affordable rates, our city needs to purchase the company. I emphasize again, San Antonio's municipal gas utility, only 70 miles to our south, has rates half of Texas gas service in Austin. When considering the new rate proposal, we are reaching a crisis of affordability for this utility where municipalization needs to be considered. Thank you. >> Thank you. >> The clicker fell apart. >> You broke our clicker. [3:45:23 PM] >> You broke our clicker. Whoever's next, please come forward. >> Al Braden or Craig Naser. >> >> Good afternoon, mayor and council members. Paul, you've really done your homework, so that was a lot to absorb. Thanks for your focus on this. I'm Al Braden, a district seven voter and Texas gas service customer. This hearing allows the city to check the box for a public hearing and move on with the byzantine negotiations in the back halls of the legal and finance departments gives a few citizens like me their two minutes for the record, and then the negotiations roll on to the railroad commission. I did listen to miss Loretta cooper, though, and she seems to know a good bit about what happens at the railroad commission, and perhaps steps that you can take for public support there. But don't get me wrong, I believe the legal and finance departments are experts in [3:46:24 PM] departments are experts in reading and dissecting this rate case brought to them by Texas gas service. I believe they will fight for us in the margins, challenging this number or that, or getting some things modestly changed in our favor. If this were an agreement for an ice cream stand franchise, I'd say, hey, get the best terms you can and let's move on. But this is a major utility serving a quarter million Austin customers with important energy for their homes and businesses. This has major economic impact and also has major climate impacts for all of us. So minding the details of this contract is important. But having visibility and a say in how the utility operates in our city is quite more important. These are policy questions, not just financial adjustments. So my important questions are these how can these rates be structured to better support our low income communities? How can the infrastructure be maintained to minimize methane leaks that damage our planet? Why are [3:47:26 PM] damage our planet? Why are expansions to the infrastructure borne exclusively by existing customers and not the new customers requiring them? How can we use code to ensure that all new homes are wired for full electric electric appliance capabilities to avoid any future high costs of converting? How can Austin's responsible leaders you, the elected city council, have ongoing visibility and input on these kind of questions on a regular basis, especially as you plan to renegotiate this franchise agreement in 2026. Those are the big questions. I oppose this rate structure and these rate increases, especially on our most vulnerable families. And I agree with Luke Metzger on the rate design, but I also challenge you as council members to form a task force and address the larger and future questions raised in this hearing. Thank you all very much for your attention. >> Thank you. >> Hello, Craig Nasr, [3:48:32 PM] >> Hello, Craig Nasr, conservation chair, lone star chapter, Sierra club I've been elected at large, representing around 30,000 members in Texas. Contemporary society is addicted to high energy use. Some of us here understand how our profligate use of energy, coupled with the carbon intensive way we produce much of this energy, will soon kill us all if we don't change our habits and our infrastructure. Others of us here may doubt this, but it's science. And science is true whether you choose to believe it or not. Some of us here are being paid to be here. The city council is being paid by the people to do the people's business. Others are being paid by a company that made record profits last year for selling austinites. Methane, a very strong greenhouse gas to burn to produce energy. I pay money to both of these groups of people, not all of them by choice. Some of us here are not being paid at all. I'm here because I somehow I just can't [3:49:32 PM] because I somehow I just can't sit at home and watch human civilization and natural ecosystems be destroyed by greed. Agreed. Which I am being forced to feed with my money. This negotiated deal with Texas gas company appears better than what was originally offered, but it still forces me until I assemble the resources to completely make my home gas free to pay for more infrastructure through which to sell more gas, to support a more aggressive pricing policy that does nothing for those who conserve gas gives little to address equity issues with cost, and perpetuates the burning of methane, increasing the growing damage climate change is doing to the Earth. To some of us who date back to the 60s, that all steppenwolf song the pusher comes to mind. The only real way out of this is to form an Austin gas company, and the only way to do this is to buy the pipes now owned by Austin gas service. Even though for years ratepayers have been [3:50:33 PM] for years ratepayers have been paying to construct that infrastructure, the cost of that pipe system has been roughly estimated to be between 4400 and $600 million. Because methane has such an impact on climate, might Ira money be used to help make this purchase? The current way austinites buy their gas is not a capitalist system. Until we are in control of our gas distribution system. The people of Austin will continue to be subjected to a monopoly that has no reason to listen to the people or care about much, other than the continued profitability of selling methane. And the arbiter of all of this is a Texas railroad commission. One way or another, humans will soon quit burning natural gas. The only question is whether we will stop burning gas by choice or because there are no humans left to burn it. Thank you very much. >> Mayor, that concludes all the speakers. [3:51:34 PM] speakers. >> Thank you, members. That concludes all the speakers on item number 81, I'm going to recognize council member Ryan alter for a motion. And, a and a motion to amend after the main motion is on the table, I move adoption of item 81, motion is made by councilmember Ryan alter, and it's seconded by the mayor, pro tem, council member alter. You're now recognized. You're now recognized with regard to a potential amendment to the main motion. >> Thank you very much. This is the motion that I posted on the message board. And as I mentioned there, I do not believe and I cannot support the settlement that has been put forward. And so with this amendment does is remove the city's affirmation of that settlement, >> In addition, it it would it would allow for the main motion [3:52:34 PM] would allow for the main motion and to deny the application. Thank you for so for clarity purposes and for the public, if this amendment goes on, what the city council would be doing is technically denying the application of Texas gas service and taking no position with regard to the settlement proposal because of the amendment. That's correct. Correct. That's correct. Seconded by the mayor pro tem. Is there further discussion with regard to the motion to amend? We're only voting on the motion to amend hearing none. The motion to amend is adopted without objection, with council member Ellis and council member Alison alter off the dais. I'll now recognize you. Oh, oh, council member Ellis, how do you vote on the motion to amend? She is either frozen or. That's a great picture. I'm sorry you're muted. Okay. She's voting I in favor of the motion to amend. [3:53:36 PM] favor of the motion to amend. All right. So the vote includes her her vote in favor with council member Alison alter off the dais. Council member, Ryan alter has, I'll call on you to close if you wish to. On the main motion, as amended. >> Just appreciate the speakers being here and the work y'all have done. Share your concerns, and we'll move this forward. >> Yeah. Fair enough, without objection, the motion on item number 81, as amended, is adopted with council member Alison alter, off the dais, members that will now take us to our, zoning and neighborhood planning. If miss harden will. Help us out. >> Yes. Thank you, mayor and council. I'm Joey harden with the planning department. Your zoning agenda begins with item [3:54:37 PM] zoning agenda begins with item number 86 c14 2024 0088. This item is offered for consent on all three readings. Item 87 is c14 2024 0082. This item is being offered for consent on all three readings. Item 88 is c14 2024 0093. This item is being offered for consent on all three readings. Item 89 is c14 2024 0089. This item is being offered for consent on all three readings. Item 90 is c14 2024 0023. This item is being offered for consent on all three readings. And just to note for the public, just to make sure the ordinance in front of you, mayor and council is the recommendation of the zoning and planning commission, which prohibits drive thrus, item nine, item number 91 ic14 2024 0105. This item is being offered for consent on all three readings. Item 92 is c14 2023 0110. This item is being offered as a neighborhood postponement request to your October 10th council meeting. Item 93 is NPR [3:55:37 PM] council meeting. Item 93 is NPR 2024 0016.02. This item is being offered as offered for consent on all three readings. The related rezoning is item 94 c14 2024 0037. Again, this item is being offered for consent on all three readings. Item 95 is c14 2024 0007. This item is being offered as a neighborhood postponement request to your November 7th council meeting. Item number 96 c14 2023 0139. This item is being offered for consent first reading only and staff will bring this item back at your October 24th council meeting for second and third reading consideration. Item number 97 1440080. This is being offered as a as a postponement request by council member vela to your October 10th council meeting. Item number 98 is c14 2024 0071. This will be a [3:56:37 PM] 2024 0071. This will be a discussion item. Item 99 is c14 2024 0106. This item is being offered for consent on all three readings. Item 100 c14 2024 0070. This item is withdrawn and replaced by item number 122, which is on the agenda. The addendum agenda item 101 c14 2024 0095. This item is being offered as a postponement request by council member Kadri to your October 10th council meeting. Item 102 is c14 2023 0131. This item is being offered as an applicant postponement request to your October 10th council meeting. Item 103 is mpai 2023 0013.01. This item is being offered for consent on all three readings. The related rezoning is item 104 c14 2023 0021. Again, this item is being offered for consent on all three readings. And just a note to council and for the public. This [3:57:38 PM] council and for the public. This is the planning commission's recommendation of L R M U C O N P. And again that's being offered for consent on all three readings. Item 105 is npa 20 2024 0025.01. This item is being offered for consent on all three readings. The related rezoning is item 106 c14 2024 0032. Again, consent on all three readings. Item 107 is c814 2024 0083.01. This item is being offered as a staff postponement to October 10th. Council meeting. Item 108 is c814 2023 0027. This item is being offered as a staff postponement to your October 10th council meeting. Item 109 is npa 2024 0026.01. This item is being offered as a postponement request by council member vela to your October 24th council meeting. The related rezoning is item number 110 c14 2024 0008. Again postponement request by council member vela to your October 24th council [3:58:39 PM] to your October 24th council meeting and then moving on to your addendum items. We have item 118 c14 2024 0058. This item is being offered for consent. Second and third readings. 119 npa 2022 0020.01. This item is being offered as an applicant. Postponement to your October 10th council meeting. The related rezoning is item 120 c14 2022 0062. Again, applicant postponement request to your October 10th council meeting. Item 121 c14 2024 0070. This item is being offered for consent. Second and third readings. There is a valid petition, so a minimum of nine votes are required for approval. Item 122 is c14 2024 0079. This is being offered as a neighborhood postponement request to your October 24th council meeting. This concludes the reading of the zoning portion of your agenda and as always, this is at your discretion. Thank you. >> Thank you, miss Arden, first of all, council, any questions of miss Harding? In that case, what I'm going to do is call for [3:59:41 PM] what I'm going to do is call for a motion on the consent agenda. And I will ask that the clerk's office call speakers in the order of the items the way we did, with the consent agenda earlier today, item number 86, 87, 88, 89, or consent on all three readings, 90 is all three readings with the what was read into the record by miss harden 91. All three readings 92 and neighborhood postponement to October 10th 93 and the related 94. All three readings 95. Neighborhood postponement to November 7th 96. First reading only. 97. Postponement to October 10th 98 will be a discussion so 99 all three readings 100 was withdrawn and replaced with 122 101 postponement to 1010 102 postponement to 1010, 103, 104, [4:00:41 PM] postponement to 1010, 103, 104, 105, 106, all three readings 107 and 108. Postponement to ten, ten, 109 and 110 postponement to 1024 118 second and third reading 119 and 120. Postponement to 1010 121. On second and third reading. But it has a valid petition, so everyone present will need to be in favor of that. In favor of item 121 for it to pass on second and third readings. 122 postponement to 1024. I'll entertain a motion on mayor pro tem moves and seconded by council member Kadri that we adopt the consent agenda as read, with that being said, I will turn to the clerk's office and ask you to start with item number 86. >> Thank you. Mayor. The first speaker we have is actually for item 90. Okay. So I will start [4:01:42 PM] item 90. Okay. So I will start with ray Collins, item 90 and on deck Noah Elias. >> My name is ray Collins. >> I chair the South Bend neighborhood plan contact team, >> Speaking on item 90, >> I'm here to address a concern expressed to me by the applicant that the contact team letter in your backup might be viewed as opposition to this zoning change, which it most emphatically is not. The contact team is opposed to a drive through in this area of men shack. >> And that is addressed by the conditional overlay provided by the planning commission. All this is made exceedingly clear in an email, including a 12 minute video, 12 minute video segment from the PC meeting, which I sent to our defy rep and [4:02:43 PM] which I sent to our defy rep and his chief of staff on September 14th, it also makes clear how our Southwood district two and district three reps were involved in this Southwood district five issue, and if they would like, I will also send this email to them, the contact team's expectation of all three of our council member reps is that all three of our council member reps will support the long standing opposition of the neighborhood, and the contact team to drive thrus in this area. >> Thank you. >> Noah Elias, Deborah Norris, Carlos pinion for 91. >> Your name has been called. Please come forward. >> Chris Paige, Brad Massingill, Jenny Grayson. That's for 91. >> Okay. [4:03:49 PM] >> Okay. >> Please move on. Oh, there you are. >> It's just 91. >> Yes. >> Speaking today in opposition to 91, as well as all the other db 90 cases that are currently on the list, I gave you a pretty thorough explanation. Last time I spoke with all of you. I'd love to see some people's eyes just to know that you're paying attention, TV 90 is the result of compatibility on corridors, which was relaxed being invalidated commercial or. I'm sorry, residential and commercial being invalidated. Vmu two being invalidated in February this year, you resurrected all of the entitling portions of those ordinances with none of the restraints or any of the meaningful trade [4:04:49 PM] any of the meaningful trade offs, and you didn't care about how it applied to neighborhoods like mine because you excluded vmu two part five, which specifically guided the application of that ordinance away from areas where it would be actively gentrifying. That's a huge problem. Now, I know the rhetoric that I've heard from you all year, whether it was home one and two, whether it was db 90 or whatever cases we're talking about today. The rhetoric I hear is that you care about affordability, mayor Watson. You specifically have framed your campaign around affordability first. Now you know the market's not going to solve all of our problems. So please take these things seriously and don't treat them like they're still administrative approvals. Using a sledgehammer for brain surgery. Using uncalibrated tools simply because they're popular among our most valuable political donors in the city. Thank you. >> Brad Massingill, did you want [4:05:52 PM] >> Brad Massingill, did you want to speak on any one? Three minutes for 91. And I think Jenny Grayson just walked in as well for 91. >> I'm going to be doing this installments. I guess. You might be asking yourself, Brad, why are you here? We've already let me get my eyeballs on. I do this every time. We've already passed the db 90 in your neighborhood. It's a done deal. Your neighborhood is already going to be ruined. So why are you here? I'm here in part to let you know. The db 90 project you all approved on the 5400 block of south congress avenue, is running into design problems related to mystery creek. I brought this issue to everyone's attention at planning commission and city council during two separate sets of hearings. Staff's litany was they'll get it in site, plan review, they'll fix it in site plan review. [4:06:52 PM] fix it in site plan review. Well, surprise, they got it in site plan review. The preparation for demolition at the site has silt barriers up. Defining and protecting the channel of mystery creek. I'm going to go ahead and say it. I told you so. There are so many mitigating factors on the lot. You also casually rezone. This project is probably going to have to shrink by at least 30%. What can we learn from this? Number one, you weren't listening to the citizens telling you what the lay of the land was. Number two, you let the developer proceed despite the warnings of the inherent pitfalls of developing this plot properly. Number three, you awarded the zoning change without proper inclusion of the facts on the ground concerning vital watershed asset. You're set to consider ten or more DVDs 90s today. I think you all need to cool your jets and reconsider [4:07:53 PM] to cool your jets and reconsider the reckless course we're on these db9's with their 95% impervious cover and non-existent compatibility standards are like a series of massive blockages in the city's hydrological system. We live in a river valley. If one looks at the Colorado river, I.e. Lady bird lake, as the main artery or larger creeks or branching arteries contributing to the main flow, when one gets up into our neighborhood, we're talking about the capillaries. In some sense, they're the most important part of the whole system. Without knowledge of where all these intricate and myriad inlets are, we are in effect, creating blockages similar to what cholesterol would do in our own bodies. We are in essence, setting ourselves up for massive coronary in the form of a catastrophic failure of our creek system. We know for a fact that many of our creeks have experienced the analog of a heart attack on numerous occasions. It's like Austin got [4:08:54 PM] occasions. It's like Austin got the cardiologists report that we need to go on a diet and get some exercise. Except we're not only ignoring that advice, we're just going to flop down on the couch and double down on the amount of junk food we scarfed down. >> Thank you, sir, to be continued. >> Jenny Grayson, item 91. >> Who's on deck? >> Then we'll move to the merits of postponement 92, which is Jenny Grayson, Noah, Elias and Deborah Norris. >> Thank you, >> Jenny Grayson speaking against item 91, I think with these cases, particularly for db 90, I don't understand the point or intent of approving them today when we know that less intensive density bonuses are coming our way. So y'all are [4:09:55 PM] coming our way. So y'all are setting precedent that will displace people from their homes who have lived in their homes for decades. And bringing these 90 foot building in buildings into residential areas will displace people. And you're setting the precedent for that, because we know that planning commission and council look at similar cases when a new zoning petition is filed. And so once one is past, you open the floodgates. Lawyers, talk to all of y'all and tell y'all that people have reached they have reached a consensus with the neighborhood about what they are offering or what they can do. And many of them are lying to you, but none of y'all reach out to the actual people in the neighborhoods to ask if it's true. The lawyers are here every day in your ears, but we have jobs, and we can't be here every day to talk to y'all and tell y'all what has actually been agreed upon or not. And then finally, like, there are a lot [4:10:57 PM] finally, like, there are a lot of valid petitions that have been filed and not recognized by this dais. It's really infuriating to spend all of your time trying to negotiate getting a valid petition together, door knocking and then not being heard. So I just ask that you consider db 60, db 70, whatever db's are coming down the pike this fall, which September is fall. It's like 80 degrees outside, so it's already fall, why today? Why now? Why do you have to do this? It's many people spoke against this months ago. When y'all passed it. And now for these individual cases, it's really hard to get here just on a day to day basis. So I'm just asking you guys to not vote for item 91. Vote against it. >> Did you want to speak on the [4:12:00 PM] >> Did you want to speak on the merits of the on the merits of the postponement for 92? >> Sure. For on the merits for postponement for 92. I'm definitely in favor of postponing because again, db 60, db 70, db whatever, less than 90 is coming. So why pass something so intensive today when we know something less intense is coming in a few weeks? A few months, you're not going to solve the density issues today with this one case. You're not going to get your federal funding for transportation grants or, I'm losing my words, but you're not going to get your federal grants for funding based on this one case. So yes, I vote to postpone item 92 on the merits of the postponement for 92. >> Know. Elias, Deborah Norris, Jim walker, Carlos pinion, Chris page and Brad Massengill. >> If your name's been called, please come forward. And you're [4:13:00 PM] please come forward. And you're speaking just to the merits of the postponement of this item. >>. Yeah. Sorry >>. I'm going to continue where I left off because this all has to do with db 90. >> That's that's not the rules are that you're speaking on a specific item, and you need to be speaking relevant to the specific item. And this one, it's on the merits of the postponement. >> Okay. Well I agree it should be postponed okay. >> Thank you very much. >> The all these db 90s need to be postponed. >> Okay. I mean this it's out of hand. This whole process we're [4:14:02 PM] hand. This whole process we're going through right now, no one's being involved. That is in any of these neighborhoods. I get contact from them, but people can't show up. I don't think y'all are doing a good enough job. And this should be the, precedent of postponing this one. >> Thank you. Mr. Walker. Your name has been called Mr. Payne. Are you going to speak? Go ahead. Come. Come forward. If you're going to speak, please come forward. >> Hello, council. >> My name is Jim walker. I'm the chair of the cherrywood neighborhood association where this case is located, I want to thank staff Jonathan Tomko. It's been great. I'm working with this. In the last year, we've been in contact and negotiating with a group. The narrow road group. Who are the applicants here, we support the postponement. We're pretty close on looking at, future affordability and trying to replace the 74 units in the Alma apartments that will be lost, in this case, with these parcels, [4:15:03 PM] this case, with these parcels, that's what we're primarily after, as well as replacing cherrywood coffee house and some of the other amenities in that area. So I totally support this postponement. We're close, and we'll be back in a couple of weeks. >> Thank you, Mr. Walker. >> Chris page, speaking on the postponement, I'd reiterate what Mr. Bunch said earlier. I don't believe that the rules currently require individuals to speak only on the merits of postponement, not on the merits of the case. As miss Grayson already pointed out, it's incredibly inconvenient for anyone to. Especially people that are working, have families, etc. To take time out of their life. Come down here and sit in front of this microphone and talk for a couple of minutes and get nothing done. In response. So you should allow people to speak whenever they can. That's the function of government. We are not a business. We are a government and government's function is to do the things that businesses don't. And if [4:16:04 PM] that businesses don't. And if you're governing without people and without input, then you're governing poorly. Thank you. >> For item 94, Jenny Grayson. No, Elias, Deborah Norris, Carlos pinion, Chris page, Brad Massengill. If you've been called, please come on down and state your name into the record. >> Jenny Grayson against item 94. So this is east fifth street, 92 was east 38th. All these db9's are on the east side in very vulnerable locations. You just heard we're going to replace cherrywood coffee house. That's been forever, so sorry. Back to fifth street, just against this db 90. We have db 60, db 70, db 80 coming. I don't [4:17:06 PM] 60, db 70, db 80 coming. I don't understand the purpose in passing a db 90 today. And I ask that you guys listen to us and like someone speak up and just vote no. >> I think it's probably appropriate for me to finish now. Is that okay? >> You have three minutes to speak on this specific item. >> Well, it's the db 90. So this is my I have a db 90 thing. I thought we were doing the concurrent, thing. So I just prepared one long thing and said one of the things that's beneficial about public comment is when the council can hear what somebody thinks about the specific item we're voting on. >> And so we're doing it that way, doing it this way so that we can hear about specificity. And in addition, it's helpful to people that might be behind you in the list. And they're only speaking on one item. And we can [4:18:08 PM] speaking on one item. And we can get to them on their item in a more rapid fashion so that they're not left waiting or not being able to testify, >> That seems interesting since we generally get our items pushed to be the very last ones, so we have to wait through all these meetings to even get to our stuff. So that's, that's that's, I think, rather convenient people after you, I understand and I don't please go ahead. Anybody wait. So, if I could start now, I guess that'd be good. Go. Ignoring our problem, it's not going to make it go away. We're back to the cardiologist thing. Not only is doing nothing a nonstarter, upping our consumption is going to assure an early demise if we keep on this track of changing zoning and allowing huge projects to proceed without pertinent environmental data, we're going to clog up the whole works. We as a city need to heed our hypothetical doctor's advice. When the big one comes, there's [4:19:09 PM] When the big one comes, there's going to be massive property damage and potentially loss of life. It has happened before. In September 2010, tropical storm Hermine produced rainfall totals approaching 100 year storm over bull creek watershed. The flood event of October 30th, 2015 and may 26th, 2016 produced rainfall greater than 13in in eight hours in portions of onion creek and dry creek in east watersheds. That's out of. That's off the city's website. Leadership means looking ahead and avoiding danger as our leaders, we're depending on you being not just managerial or entrepreneurial or commercial. We need vision and thoughtfulness. I believe a large portion of y'all's constituency is of the opinion that climate change is real across the board.. We live in flash flood alley. There's a whole section on the city's own web page talking [4:20:10 PM] city's own web page talking about the Colorado, Colorado river and our place in it. The site states that Austin is the epicenter of flash flood alley over and over again. According to publication, another Colorado river town, Austin by Kevin Anderson, more than 80 flood events have been recorded in the lower Colorado river basin since 1800. These events range from isolated floods that affected local areas to basin wide floods spawned by unusually heavy rainfalls. To do a proper job of overseeing development in this city, we must not only include historic data but acknowledge existing green infrastructure and consult with real climate scientists. We need to be in the loop when it comes to increases in amounts of precipitation. We're likely to see locally as the planet warms up. We as a city need to dig into the data available from noaa and other scientific organizations addressing climate change. The environmental defense fund [4:21:12 PM] environmental defense fund recently launched a climate research satellite. The data will be available to municipalities, their resources and grants available for this, we're woefully behind our so-called peer cities in this regard. Years ago, San Antonio did a citywide survey of watershed assets, bought them up and protected them. This is this not only protected the water, it gave the city control over flooding issues. >> Thank you. >> That's all. Oh, are you speaking? No. Okay. 96 is person is remote. They haven't called in for the merits of the postponement of 97. I've got Jenny Grayson, Noah Elias, Deborah Norris, Carlos pinion, Chris page and Brad Massengill. >> Jenny Grayson against deb or [4:22:18 PM] >> Jenny Grayson against deb or sorry? Item 97 again. Deb 60, db 70, db 80. Those are coming down soon. I don't understand why we need to pass a db 90 today when we have less intense options coming. This is again setting the precedent. For the neighborhoods and the people that will be displaced from these massive buildings and, councilwoman Harper Madison, I want to say I appreciate you coming on camera every time I'm up here. I recognize that you're doing that. So thank you, and, yeah, I am definitely against item 97, so I ask someone to please vote against it. >> For clarity purposes, what item are we on postponements for 97. That's what I thought. Okay [4:23:18 PM] 97. That's what I thought. Okay >> This is for postponement. Yes. I believe you should postpone it. You're recalibrating all the density bonuses. Third quarter. Fourth quarter. This year it's been stated by planning commissioners, including including your most aggressive urbanists, felicity Maxwell and others, that db 60, db 50, db 40, etc. Should exist. You just unleashed god knows how many entitlements on the city. It's not housing, it's entitlements. And I'm not up here to criticize that. I'm up here to point out that you have opportunities now to be deliberate about what you're doing to the city, going forward. And if you're continuously using some bandage that is now anachronistic, then what are you doing other than giving away favors to people that frankly have a high degree of sophistication, a high degree of, you know, capital to hire very good professionals and recognize these kinds of [4:24:19 PM] recognize these kinds of opportunities and exploit them. So get things right, postpone it, and postpone all other db 90s. >> Mr. Massengale, you're called upon to testify with regard to the merits of the postponement. >> I understand, speaking right. Curtailed. I got it. I like what can I say that Chris and other people have saying you'll just be hearing over and over again a bunch of times in miniature that, this postponement is a good idea, as are all of them, because it's an experiment. Y'all are experimenting with our city, and, I don't think people are properly informed or know what's going on in their neighborhoods yet, and they're going to wake up one day and realize that nothing's left. All these little chunks of Austin that have been not developed in [4:25:20 PM] that have been not developed in past for various reasons. A lot of them are precious to us, and there's a reason why they haven't been. So please postpone this and all the other ones. Thank you. >> Thank you. >> That's all the speakers for 97. Next is the merits of postponement for 101 Jenny Grayson. No Elias. Deborah Norris, Carlos pinion, Chris page and Brad Massengale. >> Jenny Grayson, just again speaking for postponement against this item again. Db six D db 70, db 80. Anything less than db 90 are supposedly in the works, so don't set the precedent today and displace residents who have been in their homes for generations. I support this, what is it called? What's the word I'm looking for? [4:26:23 PM] the word I'm looking for? Postponement. Postponement? Thank you, and just ask that you guys actually consider what y'all are doing. >> Thank you. >> Chris page, speaking on this postponement, even though I could speak on other components of it, especially if my personal schedule were constrained in a way that would only allow me this time to testify. All db 90 cases should be postponed, and I'm not. You're wasting your time. Frankly, the city has been wasting my time. It's been wasting probably every person in this room's time for the better part of two years. We have brought so many thoughtful ideas to you, and it is wasted. It never goes into policy. We offer you opportunities to get things [4:27:23 PM] you opportunities to get things right. We are here to volunteer as volunteers to help you get things right, so that these meetings are not so truncated. You're running into the problem of your own policies. You should postpone this case. You should get your policies right and you will save everyone time. Thank you. >> Ditto. >> Well said. Thank you. >> Speaking on the merits of those postponement for item 102 got Jenny Grayson. No way. Elias. Deborah Norris, Carlos pinion and Chris page. >> Jenny Grayson. Speaking [4:28:26 PM] >> Jenny Grayson. Speaking against the speaking for the postponement on item 102, db 60 db 70s 80s all in the works. No need to pass a db nine or I'm sorry, we're not passing, but please consider these options and further postponement like indefinite postponement of item 102 as well as all the other db 90 cases, they obviously don't mesh with what the community wants, we know this is for transportation funds and grants, and that completely puts everything that community wants aside. And I feel very lucky to see so much of you. Natasha. >> Mr. Page, did you want to speak on. This. [4:29:34 PM] This. >> And, mayor, you want me to speak on just the nature of the postponement? Or am I allowed to speak on the case? >> Well, we're not considering that. We're just considering the postponement. >> Okay. Yeah. You should postpone it. I've explained, you know, many reasons why, one thing I haven't said is that every single one of these cases, even though it might just be one of your 120 agenda items, directly affects so many people's lives in my neighborhood, there are literally people whose properties will crumble because of the uncalibrated decisions of this dais. People who have lived through the civil rights movement in the United States and before it, people who are financially vulnerable, people whose lives will potentially be upended by the casual nature with which some of these decisions are treated. So yes, you should postpone it. You should always listen to your [4:30:34 PM] should always listen to your communities and you should stop getting things wrong. Thank you. >> For item 103, Jody Zemel Harry kavalec, William weaver, and Gerald Williams. If your name's been called, please come on down and just state your name for the record. >> Be called again for 104. >> Also. Yes. All right. >> Hi, my name is Jody Zemel. I'm from the Bouldin creek neighborhood. I, I chair the zoning committee, and I'm going to read this letter that we wrote, we support the requested change from sf three. Mu comp to lr mu comp. The Bouldin creek neighborhood association supports staff planning commission and the Bouldin creek neighborhood plan contact team's recommendation for this change in zoning as it aligns with the historic and current use of this property. For 97 years. This property has provided essential [4:31:36 PM] property has provided essential local retail services to underserved and local populations. While maintaining an extremely low impact on the immediately adjacent sf three properties and the surrounding neighborhood. Originally, this nearly century old stone building has housed a general store that was one of the first black owned businesses in the city of Austin and is an important historical element of our city. It currently operates as the herb bar, a natural and organic remedy store which also has a low impact use. In addition to the request for rezoning, the current owner has indicated that their plans are to operate a full service bar and restaurant at this location. Use of this property as a restaurant and bar would be extremely harmful to the immediately adjacent sf. Three single family homes. We specifically request that any contemplated restaurant use of this site, both restaurant general and restaurant limited, be designated as conditional by this council, while restaurant use is contemplated under lr and is permitted its location in the [4:32:38 PM] is permitted its location in the heart of an established neighborhood and surrounded by single family zoning on all sides means this use could significantly and negatively impact the immediate neighbors and our residential community. We respectfully request that any restaurant or bar use be constrained by size to the existing footprint of the structures currently on the site, which is less than 2000ft S. This would respect the adjacent homes and nearby property owners, while providing them and their surrounding neighbors an opportunity to provide feedback on the proposed restaurant or bar site plan. Additionally, we request a mandatory vegetative buffer setback on the north lot line of the property, as well as a requirement for an eight foot solid fence on the north lot line between the applicant property and the adjacent sf three single family home located just north of this property. We respectfully request that historic zoning be applied and the existing stone store building be retained. Given that the applicant has argued that the propert's historical use as a general store is the basis for [4:33:39 PM] a general store is the basis for and central to his request for up zoning, we also request that the existing building footprint and setbacks remain unchanged. If demolition or new structures are planned. For context, existing restaurants within a five minute walk of this property average 2868ft S in total. Indoor use. In general, the Bouldin creek neighborhood association fully supports any rezoning of single family properties within this transportation and pedestrian centric area of our neighborhood. Between south congress and south first. >> Your time has expired. >> Thank you. I'll be back in a minute. >> Next speaker, please. >> Harry kobluk Harry. >> Welcome. Mr. Kobluk. You have three minutes. >> My name is Harry kobluk. I live next door to the herb bar. It is not a bar. These are pictures from the windows of my house. And then pictures of the [4:34:42 PM] house. And then pictures of the herb bar that shows my house in the background. The new property owner, whatever his aims, seems to want to put 12 pounds into a 5 pound bag. He has changed the plan so many times. It is a moving target and difficult to question his intentions. That's my house in the background. What will make me happy not having a partying and drinking business next to my residence that will bring more traffic to the neighborhood. Which of you would like to have such an establishment next door to your house? Do you have any questions? >> Thank you, Mr. Kaiba. Yeah >> William weaver or Gerald Williams? >> Hi. William weaver, I live in [4:35:44 PM] >> Hi. William weaver, I live in the Boulder creek neighborhood. I'm also on the zoning committee for the Boulder creek neighborhood. >> And I just want to, like Jody and Harry said, I want to remind you that we're here because the owner is requesting a zoning change based on the use of this property for the past 97 years, which has been low impact planning has recommended lr as a as a zoning change because that most suits the use of it, but it allows for restaurant use, which would be a very high impact to the neighborhood. And the property has been very low impact to the neighborhood for 97 years. So we're asking that you put conditional use for, for restaurant so that the neighborhood has the opportunity to review the site plan and contribute to what is actually going to be built there. And, thank you for your consideration. >> Gerald Williams I'm also a [4:36:51 PM] >> Gerald Williams I'm also a neighbor in the golden creek neighborhood. Thank you, Mr. Mayor. And esteemed council members for hearing us today, folks have already explained how a restaurant can be very inappropriate use, especially with the bar that they want for the neighborhood and how the space and use will be very different from its current use. But, you know that, the owner has been pushing to remove as many restrictions as possible, and he's a, we've been focusing on trying to make sure that the use is, is lr with a conditional restaurant use so that it can be approved. So it does just guarantees that it's not, absurd. The plan, and that seems to be consistent with the staff recommendation to from the zoning committee because they thought that this was not, applicable for a good place for a whole restaurant. So they should at least be done. But in reality, we really shouldn't have gotten here that the neighborhood association and everyone has said no every time they've been asked the zoning chief chair was shocked that it came in and on consent, but it still went through. At least it went through lr gr, which is [4:37:51 PM] went through lr gr, which is what they keep trying to push for. So if they keep pushing the limits, we could push back and reject the whole, the whole thing as well, but I want to focus a little bit on the request for himself. He's repeatedly stonewalled the community and not provided documentation to us, even when he was instructed to do so, he, he owns a property on south congress, and he chooses to board up the front of it and face it towards the back. Now, I won't go so far as to call it an eyesore, but it's certainly not doing anything for property values there. And that could have been an ideal restaurant location, so he's not doing the community any favors there, in fact, the whole request is a little deceiving. He's trying to leverage the good name of the herb bar, but the herb bar rents that they don't want this. He came in and bought the property, created a shell company with the herb bar name, then up the rent for the herb bar. You know where that's going, right? So it gives a fraudulent perception of who is actually requesting this. Now they're going to deny that there's any fraudulent intent, of course, but given what I just told you, you know what the [4:38:53 PM] told you, you know what the story is here, right? It would be a sham to in any way use the herb bar name in this. So please let us protect our residential neighborhood against deceptive landowners. And at least add the conditional use clause. Or if you're so inclined to reject the request entirely. Thank you very much for your time, and if you have any questions, thank you for item 104, Jody Zemel. >> Harry kobluk, William weaver, Gerard Williams. >> Hello, I would like to talk a little bit about the commercial pressures in this part of the Boulder creek neighborhood. Currently, we have two alleys that are behind south congress and behind Eva street. Those alleys are 13ft wide. They are unpaved and unimproved daily. There are a lot of commercial vehicles that use the one behind my house on congress avenue, and some commercial vehicles cannot fit in those alleys. So besides the dumpster pickup at 3 A.M, which happens every day, there are massive trucks on on Eva [4:39:53 PM] are massive trucks on on Eva street on a daily basis delivering food and supplies to all the businesses on congress avenue. So we already have quite a bit of commercial activity in our neighborhood. We realize it's a transitional part of the neighborhood, and we're okay with that. We know that Todd is coming. We know that db 90 is coming to south congress avenue, so we are aware of what's going on. We're trying to regulate parking, which we've been trying to do for 12 years with the city. It's starting to happen, which is great, but we really want to have conditional use for restaurant because we feel like it's a huge intrusion to have this in the middle of eight single family houses. And so we would just like to see the plan at planning commission. We don't want to say no, we just want to see the plan, and we want to make sure that we have the dumpsters not by our house, and that Harry doesn't have to look out on a party every night. And that's what we're asking you for. We have a voice as property owners, we've lied in the neighborhood for a long time, [4:40:54 PM] neighborhood for a long time, and we feel like we should have a voice in the development of this property, and that's all we want to do is go to planning commission and discuss the site plan for a restaurant. Other than that, we're supportive of our zoning. Thank you for your time. If you have any questions, I'd be glad to answer them. >> Mr. Kaplan. Okay, one more time. >> So you don't need to listen to me except to for the information about the pictures, the new owner wants to park cars right there. Where that tree is, and that's my garage right next door. So that's the alley. The next slide is just a view from my back porch looking the other direction, toward Mary street. Go ahead. And so this is a view out my kitchen window right now, [4:41:57 PM] out my kitchen window right now, which is not offensive. The herb bar is not a bar. Keep moving. And so this is a viw from my big room upstairs. With the vegetation. And, keep going. And so this is where the proposed party area is. And move it again. Move this next slide. Yeah that's how close that property is to mine. And then there should be a view from the other side. Keep going. Keep going. Yeah so that's my house on the right. And the herb bar on the left. And you see not much room there. Thank you for your time. Any questions. Thanks. >> Thank you sir. >> Billy weaver again. Yeah I [4:43:03 PM] >> Billy weaver again. Yeah I just want to again reiterate this has been a low impact retail business in the neighborhood for 97 years, and that is the only reason we are here. This is the only reason we are here listening for this zoning change. And so as a neighborhood, we're saying, okay, we'll agree to that. But please give us conditional use on the restaurant. That's reasonable. Thank you. >> Thank you. >> Yeah. It's a little hard to differentiate between because the first one is the use and this is the zoning. So just reiterate we really want to make sure if the zoning is changed that we get the conditional use. So it doesn't just get out of hand. And there's been a lot of, things thrown around as far as possible plans to keep changing. They really just want to have no, restrictions whatsoever. But the pictures don't even do it justice. How close that is to Harry's house. And by the way, Harry is like local royalty. I [4:44:04 PM] Harry is like local royalty. I don't know if you know this. He's famous ap photographer, no. >> He takes good pictures. Always has. >> So a long time. Anyway. Well, thank you for your time. And yours. >> Thank you. >> For item 105, we have a few remote speakers. Danielle Buckley. >> Yes. Can you hear me? All right. >> Yes. >> Great. >> Thank you. >> I'm speaking for the oak hill association of neighborhoods and the planning contact team, and I would be there in person, but the developer wasn't able, or they refused the postponement for October 11th. So I apologize. This is remote. I'm hoping the slides will sync up, so if you go to slide two, these images show you the area that's proposed for development. I live in a duplex community near the property, which is very rural in far west oak hill by the natural gardener. I'm on slide three and I'll talk through neighbors concerns about the existing [4:45:05 PM] concerns about the existing infrastructure, public transportation, the wildlife risk zoning, and the lack of the comprehensive comprehensive master plan rather than amendments to the oak hill neighborhood plan, which we know is not up to date on slide four, you can see that there are over 12,000 apartment units already in oak hill. And on slide five, you can see that 20 developments were built or proposed just in the last ten years, which accounts for almost 7000 units. >> Slide six. Neighborhoods are concerned about existing infrastructure, such as old road. There are two driveways being proposed for this development for ingress and egress only caves and Mr. Hartman decided expectations of 75% of traffic would use 71, but if you live out here, you know that access to southwest parkway and avoiding traffic at the Y means you use old caves road, and it's a rural country road. It's overclassified by osm P as a level three for context. Other level three roads are Brodie [4:46:07 PM] level three roads are Brodie lane or south Lamar which really don't compare. The transportation department confirmed it is a substandard street, but without funding there's no timeline for improvements and the street impact fees are about $1 million. But that's not going to be enough from this development for the needed improvements. So slide seven. You'll see it's going to be auto centric because there's no adequate public transportation with bus service only twice a day and requiring a users of bus service to walk along highway 71, a slide eight. You can see that the property is part of the urban wildlife wildland interface. It's on a slope and it's surrounded by vegetation. So without mitigation, adding this density is going to really increase the risk of wildfire and evacuation routes along will be caves will not be able to handle it. In reaching out to the wildfire division of Austin fire department, they confirmed that they're already aware there's significant risk of a catastrophic wildfire event in this area, as it is. Slide nine. As I mentioned, neighbors would [4:47:08 PM] As I mentioned, neighbors would like new developments to fit more with the current makeup, like with mixed residential or neighborhood mixed use. Slide ten. And we did approach Mr. Hartman. We asked him some questions about his calculations using gross acreage, but we never received a response, he cited 12 units per acre, and this being lower than even mf1 at 17 units per acre. So we do want to know why that's not being considered. >> Thank you very much. >> And most importantly, we'd like to thank thank you, Anne Harkin. >> Yes, this is doctor Anne Harkin. I also am from the own contact planning team and the representative for hill country estates and the oaks at hill country estates. I'll take up where Danielle left off, we are concerned about the future of this area. We've been inundated [4:48:08 PM] this area. We've been inundated with apartment buildings more than any other district in the city, it's a shame this land is never going to see anything but apartments on it, and I point to run berg lane and ask you to consider what is all this going to look like, 20, 30, even 40 years from now? Are we building slums for the future? So for your consideration, the plan was always that this would remain residential to jump to mf four is quite a leap from rural residential, other than that, we are also concerned very concerned about the impact of traffic. We only have the one way to get onto highway 71, which is the city road midwood [4:49:08 PM] which is the city road midwood parkway, and adding this number 660 units across from us and no traffic light is possible because of txdot regulations. So there was there is going to be trouble at that intersection, I'm going to stop now and say ask you if you have any questions for either Danielle or I or me. >> Thank you very much. >> I have two in person speakers for 105. Lee Ziegler and William bunch. >> Your name has been called. Please come forward. Lee Ziegler, William bunch. >> Item 106. I've got those two [4:50:11 PM] >> Item 106. I've got those two remote speakers again. Danielle Buckley. >> Great. Thank you so much. I will go ahead and just finish up. As I was saying, the thing that we're really looking and hoping for council to recognize is the need for a comprehensive master plan for this area to help neighbors know what to expect, rather than spot zoning as it has been happening. With a lot of these developments, there's only 60 acres in this proposed development, under consideration. But there's an additional 62 adjacent acres owned by the same family, as well as more acreage owned by mark's family across the street. It's unclear if their future development plans and not knowing what's coming makes it difficult for us to accept the zoning to move forward with this particular spot, so just to summarize what we what neighbors in this area would like and are [4:51:11 PM] in this area would like and are asking for funds for road improvements before rezoning happens so that there are there's infrastructure to support the development in west oak hill, which is very rural. We'd like to require emergency signals on those roads in case of a fire evacuation, and make sure that all mitigation possible, is done with coordination from Travis county and Austin fire department. And we'd like to consider we'd like it if there would be consideration for mf two or other zoning, that would better fit the area, as opposed to mf four, since this would align with the proposed development, and finally, as I mentioned, we really like a comprehensive plan rather than continuing to amend the oak hill neighborhood plan or imagine Austin, as we continue to do, and I'm happy to answer any questions. I appreciate your time. >> Anne Hawken. >> >> Thank you. I really don't have anything else to add except this is. I don't believe we [4:52:14 PM] this is. I don't believe we covered how far it is between this apartment building and any public transportation and any real grocery stores. An HEB is way over on 290 or up in BCS. And other than that, it's just the usual, what you can get at a service station. There is, of course, no sidewalks nor any planned for connectivity between these apartments and where the flier does come, which is all the way down at silver mine and that is close to a mile, and there's a bridge there that you would be taking your life in your hands if you walked across this small pedestrian, walkway [4:53:16 PM] this small pedestrian, walkway on a bridge over a tributary to Williamson creek. So one more thing to add is across the street from this development. When they built the storage areas, they were just doing scraping without getting a permit from the city, and they hit groundwater. So you just don't know where your groundwater is going to pop up. There is one confirmed spring on this property and that has not been entered into the site plan. To my knowledge. Thank you for your time. >> Lee Ziegler, William bunch, this is 106. Moving on to the merits of the postponement for 107, Pamela Madeira and William bunch. Merit to the postponement [4:54:17 PM] bunch. Merit to the postponement for 108. William bunch, Roy Whaley. Item 118 Jenny Grayson. No Elias, Deborah. Norris, Carlos pinion. >> Jenny Grayson against item 118. As you guys have heard me say, I'm generally against these db9's because we know less dense options are coming. Db 60, db 70, db 80. They're all on the books. So, if you all have something in the works for something less intense in a neighborhood area, I would encourage you guys to not pass this today until a less dense option could be offered, the [4:55:17 PM] option could be offered, the community's against this. People don't have time to be here all the time, lawyers are probably lying to y'all, and that's it. Someone vote no. >> No. Alias Deborah Norris. Carlos pinion, Chris page, Brad Massengill, Mario Cantu. Cantu. Sorry. And gene Adams is for 118. >> Is postponement. >> Postponement or merits this postponement okay, you should absolutely postpone this. One of many reasons why is, you know, that you're about to recalibrate [4:56:18 PM] that you're about to recalibrate your density bonus program. And currently the 60% mfi number one is not affordable to multiple census tracts within the city. Therefore, it's gentrifying. Number two, it's not actually serving our front line workers. The officers in this room, the ems that are out in the streets, our teachers often are slightly above 70% mfi. So every time you look at those frontline workers and tell them that these policies are to create housing for them, you're lying. If you took the time to wait for these programs to be recalibrated, you might actually produce housing for them or at a minimum, create entitlements that ensure that housing is created for them. But what you're doing right now is lying. So you should postpone this until you're telling the truth. Thank you. >> This is a yet another db 90, [4:57:31 PM] >> This is a yet another db 90, as we've been pounding and pounding the podium here, it's. These things aren't ready for prime time yet, it's a good idea to postpone this and others until such time as we could actually figure out what will work and where it will work. So I'm in favor of a postponement and a moratorium on all db seconds. >> Hang on one second. I thought we were on 119. Were we on 118? >> 118 yes, mayor. >> 118 then I apologize. I owe an apology to both of y'all because I thought we were on 119, which was a postponement. So, Mr. Page, if you want to say something on the merits, then I'll call you back and allow you the time to do that. Mr. Massingill, you can speak to the merits of item 118. I apologize, I okay, I'm marking items as we go, but I must have missed it, [4:58:31 PM] go, but I must have missed it, >> Take a second to get back where I was here. And again, this is in regards to all these db 90s, the Texas ag secretary has been stumping for our state to be more responsible with our precious water. According to him, that entails wise land use practices, 90% 95% impervious cover and flash flood alley is not wise channelizing and sending flood water downstream as quickly as possible is robbing our urban forest of the life sustaining water it needs and increasing the catastrophic flood risk of our downstream neighbors. Many of our urban wildland interface problems are related to the California style growth y'all have been flirting with. We're beginning to see the same impacts that style of [4:59:33 PM] same impacts that style of growth has on an area. Places in California that have been repeatedly facing forest fires and disasters are now reversing course on the way they treat water and development. Los Angeles has recently started a public works project they refer to as the sponging of L.A. Instead of using storm drains to convey water away quickly, water is encouraged to soak into ground via terraces and water gardens. There's so much concrete out there that it stays unnaturally hot for longer, drying out the soil and exacerbating the dreaded heat island effect, the phenomenon that allows the ambient air temperature to soar, sometimes 25 degrees higher than shaded areas just a few feet away, although in its infancy the results are in. Temperatures are down in areas where the regimen was implemented. Fire danger is down to. There's a definite correlation between capturing rain water while it's occurring and reduced risk of wildfire fire later in the season. We're [5:00:34 PM] fire later in the season. We're also becoming more and more like California and other way. Major insurance companies are pulling out of Texas. It's Progressive insurance just announced it will no longer be issuing homeowners policies here in Texas due to a natural disasters, and there's others contemplating the same thing. It's been put forward that these db9 is being used in. Other density building schemes are to supply affordable housing. As someone who worked for venture capitalist for years, I'm skeptical. It's what the business community refers to as roi for those following along at home. That's jargon for return on investment. Unfortunately for everyone involved, there won't be any return on investment if Texas finds itself without a viable insurance market, one cannot sell an uninsured house in Texas. Let that sink in for a second. The current push for density and [5:01:34 PM] The current push for density and infill will exacerbate the flooding issue in town. Make the fire hazard on the outskirts of town worse, and cause insurance markets to implode due to fire and flood risk. >> Thank you sir. >> Thank you for the opportunity to come back up here. I actually do appreciate that. So to the merits of this case and all other other db 90s, I want to bring up some things that our communities actually brought to the attention, though rejected by the applicant and are, I don't know if you want to call it a supervising, district office, but, things that we brought up that should be built into new density programs and, you know, hopefully this case doesn't get passed, but not confident in that, things that should be brought in if you want to restore vmu two entitlements, you should just go back and set [5:02:35 PM] you should just go back and set up some condition that says you have the entitlements you had on the day that your case, you know, met the requirements for people that didn't file a site plan, they didn't have the money to. It's void ab initio. We already talked about that. It's like saying you got your rights from the Easter bunny. It doesn't make sense. And there's lawyers on the dais here. So I know that, you know, it doesn't make sense. Fadelu should the opportunity to do fee in lieu should always be waived. Because if you actually want to create workforce housing in the city, which you need, it can't be constantly pushed out to the edge. The 60% mfi and db 90 is totally bogus. If you want to meet local affordability, you should have 15% of the units at, and something that's at least sub 100% census tract mfi, the statutory minimum right now of 60% of mfi citywide average doesn't work. And you know that [5:03:35 PM] doesn't work. And you know that frontline workforce, sometimes slightly above 70% citywide average. Mfi, although I assume that that is going to continue to drop as our city continues to gentrify. So you should at least have some kind of a sliding scale provision that meets some average of what these frontline workers are earning. Additionally, you should have a right of first refusal where new housing that does come online by contract or ordinance has to advertise to frontline workers for three months before it goes to the general public. That way, you might actually have staff that can live in the city. Those are some of the many conditions beyond that. I think it's unfair that you treat multifamily housing so differently than single family. They should get at a minimum, a ten foot vegetative buffer around any of these db nine seconds or anything else. Why would you take away the limited green and open space that we have? You can't say that people in [5:04:35 PM] can't say that people in apartments don't have rights to open space and access to nature. That's all. I'll leave it for now, don't vote yes. Be humans. Thank you. >> I believe that's all for 118. Moving to the merits of postponement for 119, Brad Massingill, Mario Cantu and gene Adams. >> Howdy. Again this this particular case, I've been watching my contact team deal with this, going back and forth with this guy for a long time, and he changes the rules every time they think they have [5:05:37 PM] time they think they have something, it changes. This postponement actually seems like more of the same. Getting up to the 11th hour, sending the contact team, iffy kind of, CEO without any with some discrepancies in it and things in the same sentence that don't even match. So, good. Good for y'all. And please, postpone this. Thanks. >> Good evening. >> Council Mario Cantu, chair of the south congress contact team, >> I know there's a postponement on this case. I just wanted to emphasize, one, that when a neighborhood or community requests a postponement, that, in this case, the merit is that, if the applicant is granted [5:06:38 PM] if the applicant is granted multiple postponements, the neighborhood requests a one postponement, that should be honored, and, and a lot of cases, we're not we're not getting honored for our one postponement when we request one. So I asked to really look at that. Because there's some to me, it seems like there's some kind of special things going on. Privileges that the applicants are receiving. Even when, they're also agreeing to things, in meetings and then they're not writing those things down. So thank you. >> Good afternoon. >> I'm gene Adams, a member of the south congress combined neighborhood contact team, just wanted to say that, for this, postponement, the contact team did meet with the applicant back on September 6th, and the. And the applicant agreed to eight [5:07:40 PM] the applicant agreed to eight out of 12 contact team requests, they have not been forthcoming from that agreement to include those into a restrictive covenant that is actually an agreement between the applicant and, capital, a housing administration. The neighborhood contact team received an updated agreement last night at 7:04 P.M. For, the agreement or for what they agreed to on September 25th, those agreements from, or September 6th. Pardon me? Those agreements were not included in the most recent updated, restrictive covenant. So, yeah, we're appreciative of the postponement, feel that the [5:08:41 PM] postponement, feel that the applicant is not being forthcoming with the contact team and that they could do a better job of coordinating with the neighborhood for the request to a neighborhood plan, zoning change. Thank you very much. >> On the merits of the postponement for 120, Brad Massingill, Mario Cantu and gene Adams. >> There's some some practical issues with this location. That might be worth mentioning that could contribute to this postponement, a lot of it has to do with the traffic patterns there in the battle bend neighborhood with the current construction that they've had [5:09:42 PM] construction that they've had over there on saint Elmo, it is flooded. That neighbor with neighborhood with cars, construction workers, litter, this is promises to be a much bigger project. I think one of the things that's sticking point in the negotiations is trying to figure out how to handle all that traffic and all the impacts on the neighborhood during construction, there was also some very reasonable requests for charging stations and some things like that that were agreed upon that were pulled at the last minute. So I think the there's a slippery element here with the developer. He doesn't really want to be pinned down on things. So I agree with y'all postponing this and hopefully some of these issues can get worked out. >> Mario Cantu, chair of the [5:10:49 PM] >> Mario Cantu, chair of the south conference contact team I just want to emphasize again about postponements. You know, just to be fair on both ends, with the neighborhood and with the applicants at all times, that that's that's essential, I also want to mention very quickly that, you know, when we're in a room having a meeting with individuals and we are agreeing upon things that, you know, it's a promise or you're giving your word, this is why we want to make sure we have a restrictive covenant, and we can see that and that we make sure that everything's documented. That was said in that room. And we can we can talk these things out, because if it's if it's happening in a room and it's not being and it's not being promised on paper, then it's never going to happen. And we'll make sure that we get good affordability for this city. And that's the only way we can guarantee the affordability from a contact team for our city is by making sure it's in writing, and it sticks, and it's going to happen if we have something in restrictive covenant and that's [5:11:52 PM] restrictive covenant and that's not even a restrictive covenant, that's a piece of paper, a letter of agreement that states that they're going to have affordability two miles away from this zoning change, and we don't know when it's going to happen or if it will ever happen. That's where it becomes very problematic. Thank you. >> Mr. Adams, did you want to speak on that on item 121? We have Barbara Macarthur remote. >> Hello. My name is Barbara Macarthur. I'm speaking out today to oppose the up zoning of item 121 C 14, 2020 400 70 on east 12th street. >> And in general, the up zoning of any property not in a major activity node with the db 90, vmu two was struck down by the courts because it was an illegal action by the Austin city council. It was replaced with combining district that is much more damaging to communities, [5:12:52 PM] more damaging to communities, perhaps purposefully, to show the public not to take action against illegal ordinances. The scope for this ordinance applies was widely expanded to any location, even those with inadequate streets and without supporting infrastructure in the middle of neighborhoods instead of along core transit corridors. You stripped any compatibility, only requiring a buffer of 25ft. You also removed compliance with rules that protected demolition of existing affordable multifamily housing. Vb 90 offers developers the same height, entitlements as affordability unlocked without requiring the same percentage of affordable units. It requires 80% less, and you offered this up zoning at no cost to developers. Shifting the cost to the public. You have most of these upzoning on your consent agenda, trying to fool the public that these are just administrative actions that require no discussion because they are an equal exchange with vmu. Two when you know they are radically different. And last [5:13:54 PM] radically different. And last week city legal said you would not have conditional overlays for height, a preposterous interpretation that will be challenged. Disparate impact is real. There is a valid petition against this case on east 12th to three of you have the courage to vote against it. Or is the east Austin community not worth it to you? >> Jenny Grayson and she has time donated by Deborah Norris and Brad Massengill. Are you both here? Yes. So Jenny has nine minutes. >> Jenny Grayson, speaking on behalf of Mckinley heights against item 121, remember that you are playing the game for your constituents, not for yourself. >> Check your ego. It's not about you. It's about the people you serve. [5:14:54 PM] you serve. >> As we go through this presentation, I'm going to ask you to consider who you will support, the people you serve, the people living around this property, the people who have lived in their homes for 60 years. We filed a valid petition against this zoning change. And the planning commissioners you appointed also do not recommend this zoning change, even if you were not, and even if we are not in your district, our voice and opinions are no less meaningful because you still vote on our behalf. And I'd also like you to keep in mind that the applicant can build up to 60ft today under current zoning. Over the past two years, the applicant has been absolutely unwilling to negotiate with us. Last year, they continuously refused to enter into a restrictive covenant, and this year we still have not reached an agreement because what they've presented dismisses all of our requests. And in the same meetings, our district representatives reassure the applicant that Harper Madison will vote in favor of this zoning change. >> No, it is more than likely our council member will be supporting an increase in the height which we have been consistent about since day one, stating that our boss always reserves the right, you know, to say that this doesn't look like [5:15:55 PM] say that this doesn't look like the best product that she wants. I don't foresee that coming because we've had these conversations, but our boss has been prepared to vote for this case again, for some time, and she will be voting in support of a rezoning on this site for the same reason she had. >> And you only heard in these clips because our council person, Harper Madison, has never joined a meeting. She's never engaged with us once in this nearly two year process, simply put, our negotiation power was taken away in our first meeting. Why would anyone negotiate with another party when they know their case is favored by the regulating body? On August 26th, the applicant presented us with a restrictive covenant that included a building height maximum of 80ft and the beneficiary listed as home base, a subsidiary of habitat for humanity. The restrictive covenant dismissed all of our community's requests, and we've not reached an agreement with them to date. On August 26th, at our August 26th meeting, we asked the applicant to supply us four things the buildable volume, the number of proposed units, the number of [5:16:57 PM] proposed units, the number of affordable units and if neighbors could join the restrictive covenant as beneficiaries. After 12 days of not hearing from them, we inquired. Their response noted that home base is the only beneficiary of the restrictive covenant, completely dismissing all of our other questions. 14 days after our meeting, we explicitly listed our four questions for them to answer. And after 21 days and no response, we ask again on day 21. They restate that home base as the beneficiary and do not plan to add any other beneficiaries to the proposed restrictive covenant. Since we were dismissed again, we asked for. We asked for the four stated questions to be answered. And on day 22, only after provocation from another office, we got an open and shut response, which leaves no room for negotiation. We are not adding additional beneficiaries to the restrictive covenant. We learned they've calculated a 25% increase in rentable volume, yet we're only getting a 2% increase in affordable units. The applicant has told you they've reached an agreement with us, and that is a lie. The provisions in the restrictive covenant are a gross gross neglect of our requests. They have not budged on any [5:17:58 PM] have not budged on any consideration since day one, and we still not agree to what they filed at two 2:11 P.M. Today. Yesterday, we shared a list of our community requests with each of you via email, and I'm hoping you've reviewed them. They're smart and thoughtful community considerations that are backed by the community. We know the applicant's lawyer has spoken to your offices about traffic impact analysis, yet we've not. They've not shared the results of that study with us, nor did we know a traffic impact analysis was done. Monitoring equipment has never been seen on east 12th street. They've also told your offices about $100,000 street impact fee. But this is actually required by the city. It's not a negotiation, nor is it a community benefit because the funds aren't guaranteed to apply on east 12th street projects. Every community benefit they've spoken to you about is required by the city. These aren't benefits. They're requirements. And through all of our meetings with the developer, we've heard they'll only match the minimum required by the city. >> We are ready to comply, and the city's mandated [5:18:59 PM] the city's mandated affordability for the zoning category that we seek. >> And we're not able to agree to anything further. >> If the zoning case is passed, we deserve the benefits. Db 90 promises we want residents to be able to join the restrictive covenant as beneficiaries if they choose. We want scaled affordability, adequate parking, traffic mitigations, limits to short-term rentals, environmental protections, and an escrow account to ensure enforceability. None of these requests are new for restrictive covenants, yet the applicant will not budge in providing anything meaningful to our community. I'll remind you that the purpose of db 90 is to provide modification in height and compatibility in exchange for community benefits and income restricted housing. We argue that the requirements are not a benefit. This picture was taken yesterday at 5:20 P.M. It's showing you the traffic was backed up on 12th street, a half a mile west of airport boulevard. We're asking for a traffic impact analysis because it makes sense to study an already overcrowded street. 12th street is not a corridor, it's a [5:20:01 PM] street is not a corridor, it's a level two asmp street, one lane in each direction. And it was built to connect neighborhoods. Providing 12 affordable units is tone deaf. When you consider that 40% of families in our census tract live in poverty, we're asking for 25% affordable units, with priority given to people in our census tract teachers, firefighters, front line workers. We're asking for tiered affordability levels to capture the firefighters, the teachers, the health care workers and the frontline workers. That won't qualify for affordable units. At 60%, this property is more than 400ft from airport boulevard, but the applicant loves to tout being 0.5 miles from the metro rail as the crow flies. If that's a benefit to them, make it a benefit to us and give the neighborhood the same 25% affordable units that are offered in tods. The truth is that this site is surrounded by single family homes, affordable, long term rentals, and affordable housing for seniors, and the applicant doesn't care if any of them are displaced. Current residents can just drive and live and work someplace [5:21:01 PM] and live and work someplace else. >> I do not think that that central location in the city is one that someone could couldn't drive somewhere else in the city and have their place of employment be somewhere else. >> This is why we're asking for an escrow account. Oh, sorry. >> My contracts only have as much teeth as you have the money to legally enforce them. >> So this is why we're asking for an escrow account to enforce the conditions of a restrictive covenant. If we're able to reach an agreement or negotiate negotiation. Power was stripped from us when in 2023, when our district office told the applicant that Harper Madison would vote in favor of this rezoning. And since we've not been able to negotiate with the applicant, we may have a few other things on our side, and we're hoping you pay attention to them first. The planning commission does not recommend this rezoning. Please listen to your commissioners. Second, more than 25% of neighbors oppose this rezoning with a valid petition. Many of them have lived in their homes since the 50s, and an overwhelming majority of neighbors outside the 200 foot radius oppose this zoning change. Over 40 people [5:22:03 PM] zoning change. Over 40 people have signed up in opposition to this case today, including those who are part of the petition and the only people in favor of the case work for the applicant. Please listen to us. The 80ft is not a meaningful benefit to us or the neighborhood. 2% increase in affordable units is not a meaningful benefit. When 40% of our residents live below poverty level. So I'll just ask you to remember. >> Remember that you are playing the game for your constituents, not for yourself. Check your ego. It's not about you. It's about the people you serve. My ultimate wish is I don't want you to leave feeling burned by the whole situation. Reputation does mean something in this building. >> So what will your reputation reputation be come tomorrow? Will you stand up for your community that is asking for your support? Will you stand up for your planning commissioners that you appointed? I'm asking one of you to be brave and raise a motion to dismiss this case. Specifically, I'm requesting this of you, councilwoman Harper Madison, will you be true to [5:23:04 PM] Madison, will you be true to your word and stand up for your constituents? It's really hard to believe that a valid neighborhood petition and no recommendation from planning commission won't sway your opinions or even give you pause just because I have time. Well, I'll say an application does not inherently grant an entitlement. That's why we have these processes. I think I've described that we have not come to a negotiation with a developer, and 80ft is not a negotiation or a community benefit. So I'd like to play the ethics violations that happened at planning commission. >> I'm sorry, everyone on screen through all those items back up and put them in the camera. I don't need to see you. Just put those items way forward. Okay. What have we got here? One, two. That item. >> Oh, it got cut off again. Thank you, thank you. >> Abby arnovitz, Colin Mcnamara. >> No. Elias Francis schengen. Carlos pinion. >> Please come forward. Thank [5:24:08 PM] >> Please come forward. Thank you. >> Mayor Watson and city council members. My name is Francis schenken. I oppose this rezoning on east 12th street. My husband, Pete, and I live on Harvey, which is very near this site for two reasons. The effect of the existing residents along east 12th, which a city report last year called the heart of the African American cultural district. My second objection is the domino effect of this up zoning here is what east 12th in this part of it looks like today. Across the street, there are modest single family homes next door there is a housing development called Anderson village, named after a prominent African American civic leader in this town, and it was built for city by the city of Austin for low income residents. Another [5:25:09 PM] low income residents. Another housing development, built in part by mount sinai Baptist church is nearby. A third one also is nearby. All low income housing developments, part of the reason that east 12th street is called the African American cultural district is that the 1928 master plan forced blacks to stay east. This tract today is 22% black. The rest of Austin is 7.5%. In Austin, as a whole, 12.4% of families are below the poverty level. In our census tract, 8.2 it is 36%. Today. There is no overall master plan to blame. Spot zoning achieves the same thing to restrict the options for some of our most vulnerable low income residents. Move to avoid 700 car trips, a day on a two lane street move so [5:26:14 PM] day on a two lane street move so you do not have 80 or 90 foot buildings next door or across the street, but move where or stay and have a much lower quality of life. Familiar territory for east Austin residents. My second objection is the effect of up zoning here. There are five properties listed for sale that are within two blocks of this zoning case. That is, there are five for sale signs. Many more are to come. The vote you take today will affect that domino effect on zoning on east 12th street. You know that anyone driving to the airport along airport boulevard can see just how many multi use multi apartment complexes are going up along airport east 12th could be a transition. Thank [5:27:14 PM] could be a transition. Thank you. >> Thank you. >> Chris Paige and Mr. Paige has time donated by Bobby Levinsky I see him for a total of six minutes. And then after Chris Paige is amber or. Right >> Sorry, so. >> So this is a flagrant abuse of power. Let me give you some context. Community opposition today, there's 23 neighbors registered in opposition who [5:28:15 PM] registered in opposition who didn't have time to come down here. We had around 45 last time, plus 11 registered speakers. And not a single resident has come out in support of this. It's not recommended by planning commission. There were two valid petitions against it, even though the city tried to reject the first one. I'm talking about last year when it was first rezoned. This is the directly impacted neighborhood. This is all the property that's been bought up by speculators, and that is what's vacant. You're telling me that we don't have room to build housing here? This is vacant corporate blight, corporate blight, plus political advertising. This is the use since the rezoning. Nothing. This is the gentrification that we predicted. And it's happening in real time. In December 23rd, there were three ordinances invalidated already. One over that earlier. You brought back [5:29:15 PM] that earlier. You brought back all the entitling provisions with none of the community trade offs. This is what's eligible for db 90in my neighborhood. Read that is insane. This is level two smp streets with single family residentials and one building or sorry, two buildings that are over three stories. That's what they want. It's three parcels. They're not on a corridor, not within a half mile of the train station, they're already zoned residential. They already have a density bonus that gives them 60% mfi. They're zoned 216 days before this. And yes, you did get things out of that rezoning. It got uniform zoning, it got CMV across sites that didn't have it, never filed vmu two. Here's part five of vmu two cut out in db 90 gentrification. >> You know, I know that sometimes we do get those moments, sometimes we don't. And [5:30:15 PM] moments, sometimes we don't. And this is a case where I would hope that this body never grants a postponement, where we're being asked to move db 90, because I know that's where I'll always be. And this isn't that's our kangaroo court. >> And here's the smoke and mirrors 30% margin of error on their unit count over the course of two years. No use all community benefits that they're going to describe to you are statutory minimums housing near a rail station and transit lines. >> I want to note now I'm going to highlight this. >> The trains look at this map. Does that look like it's in the tod or in the tod. No. And it's three parcels. Two of them are fully outside and one of them is partially in. That contradicts your amendment this year, mayor Watson. So if it were in a tod, it would require, much higher affordability. It would be at 60ft, 25% affordable housing at 60%, mfi. But of course, they don't want that. They want another 50% entitlements with no increase in affordability level. And maybe 1 or 2 new affordable [5:31:16 PM] And maybe 1 or 2 new affordable units. That is so lopsided. We have offered things like real affordability, and it's been rejected. So every officer in this room who wants housing in the city when they vote yes for this, they have rejected your housing. It's void ab initio. It's Easter bunny rights. You can't get rights from an ordinance that's illegal. It violates state law. You've misinterpreted the db 90 conflict conflict clause. Did you really mean to tie your hands? If anyone meant that, please raise your hand right now. I don't see any. What is the ordinance? Not say. It doesn't say that an applicant can't deconflict their own thing, or that you can't apply a conditional overlay. >> We're prepared to proceed with the conditions that we had offered originally. >> If that were true, they would have accepted what we offered them in the rc, but they rejected it. >> And did I hear you correctly say that that you would be [5:32:16 PM] say that that you would be willing to put in a co height limits if it's allowed? >> No. >> We offered them the exact same entitlements they had no rejected. This is different. It also violates the land development code. There's a limit that says you can't file for a new rezoning on something that got rejected within 12 months. Here's their first thing saying their first letter. It says they don't want to touch the co. Then the day before planning commission new letter replacing it saying we do want to touch the co. And here is where it violates. They originally requested the elimination of the 40 foot conditional or the elimination of the height restricting conditional overlay. And that didn't go through. So within 12 months they can't go after that issue again. But they did 216 days later. So who benefits? It's not frontline workers. I already went over that. And in fact we went even further. We wanted first refusal. We wanted [5:33:17 PM] wanted first refusal. We wanted it to be advertised to you first. But when they vote yes, that's rejected. It's not local residents. We know for our census track to get to 60% of our census tract, 33% mfi in the citywide. So who really benefits? It's a couple who sold the company for $280 million. Developers and bankers benefit Madison. >> I'll start by saying if any of the developers or bankers in the room still stop thanking me. And there's not a single person who runs for office who doesn't take money from developers. At some point, campaigns run on money. You got to take money. >> I think that explains a lot of our land development code. >> Rezoning the land really significantly increased the value of it. >> You guys are handing away value in exchange for nothing. That's not the function of zoning. You have a duty to voters and you don't get to replace our will with the will of your donors. That's not [5:34:17 PM] of your donors. That's not public service. Thank you. >> Amber or. Mayor, all speakers have been called for 121. >> Thank you. And that concludes all the speakers on the items that are on the consent agenda. Is that correct? >> Oh, yes. >> Mayor, sorry. Thank you. Know, I just want to make sure, members, are there any items that any members would like to pull from the consent agenda? I would like to, any items to pull from the consent agenda, I would I want to ask for a motion as the consent agenda was read, but I would ask that on items 103 and 104, that instead of that being on all three readings, that would be on first reading only and be brought back on October 24th for the potential of passing it on second and third reading. So when I asked for the motion on the consent [5:35:18 PM] for the motion on the consent agenda, that will be one of the changes. All right. With that, Mr. I looked up at everybody's looking back behind thought, oh, what's happening on the screen? Good, with that being said, I'll entertain a motion to adopt the consent agenda made by council member Kadri. It is seconded by the mayor pro tem. Again, let me ask if there's anyone wishing to abstain on any of the items on the consent agenda. Anyone wishing to be shown as recusing themselves on an item on the consent agenda. Anyone wishing to be shown voting no on an item on the consent agenda in that case, without objection, the consent agenda is adopted and that would also include item 121 having nine votes, more than nine votes, on that one. And [5:36:21 PM] nine votes, on that one. And counsel with council member Alison alter being off the dais. So the consent agenda is adopted members that will take us back to item 98. And then we will go from item. That will take us back to item 98. >> Mayor and council joy harden again, item number 98 on your agenda is case number c14 2024 0071 located at 2313, 23, 15, 24, oh one and 2413 Thornton road. The parcel is approximately 4.3 acres. The request from the applicant is cs and mf2. There's a small piece of mf2 to see us move db 90. Staff recommendation is to grant CCV. The planning commission [5:37:23 PM] CCV. The planning commission recommended csmu cdb 90 zoning, which again is the applicant's request. The case was submitted after the vmu two ordinance was invalidated last year. So this is a new db 90 case. The site is currently developed with commercial buildings. Thornton road is a level one smp roadway. South Lamar boulevard, which is a level three smp roadway and imagine Austin activity corridor, is approximately 0.2 miles to the west, and the nearest bus stop is at the intersection of oltorf and Thornton, which is 0.16 miles to the north. The applicant has indicated an intent to develop a building with approximately 350 multifamily residential dwelling units, and is seeking a complete modification to the pedestrian. Oh, I'm sorry, I, a complete modification to the pedestrian [5:38:23 PM] modification to the pedestrian oriented commercial or civic uses requirement staff does not recommend granting a modification to this site, and again this case was recommended by the planning commission. But staff supports csv as the city council has provided policy and direction for having more residential density and increased affordability, as well as incentivizing vertical mixed use buildings throughout the city, >> Hang on a second, miss. Harden it. Sir Mr. Massingill, if y'all could take your conversation out of your. That'd be very helpful. Thank you. Please go ahead. >> I'll just conclude to say lastly, there is a petition submitted for this case, but it is not valid. So thank you. I'm available for questions. >> Members. You have any questions of miss harden? Okay, the way we're going to conduct this is the applicant will make a presentation of five minutes. Someone representing the opposition to this application [5:39:24 PM] opposition to this application will then have five minutes. And then we will go to speakers that are in favor, then speakers that are in opposition. And then there will be rebuttal at the end of this hearing. So with that I will recognize the applicant for five minutes to make a presentation on item number 98. >> Given the hour, I'm going to start while he gets the powerpoint up, Michael Whalen, on behalf of the applicant, we're discussing request for rezoning of Thornton road, a property within a ten minute walk of four transit routes on two corridors. Earlier today, we agreed to reduce our request meaningfully, limiting our height to 60ft and giving up all of our existing commercial entitlements. Some of our slides, which we submitted yesterday, are now a bit [5:40:24 PM] yesterday, are now a bit outdated. So I'm going to skip forward here in a moment to slide six, which I'm going to do right now, looks like the this is the property. It's in green. You can see it's a fairly large site, 4.296 acres along Thornton road. It's kind of an odd shape. The cutout area is zoned for, multifamily as well. The property the property is currently currently has cs general commercial service zoning. It's been used for commercial and industrial uses for 75 years. Since 1949, and has been commercially zoned for nearly 60 years since 1967. Today our existing cs general commercial services zoning by right allows up to nine up to 60ft of height, 95% impervious cover, and 95% building coverage and a variety of commercial uses. Motel, hotel, motel, gas stations, car repair, limited warehousing and distribution and recycling collection facilities, [5:41:24 PM] recycling collection facilities, among other things. The one thing it does not allow is housing, which is what we are proposing to accomplish this, we initiated. We initially requested db9's zoning with a ground floor waiver to provide a fully residential building at a unit count that would support project feasibility. We believe that this was appropriate for two main reasons. First, we thought that this was consistent with our existing cs zoning and with the surrounding land use context. As you can see here, our property is not an outlier on the street. There are other multifamily and commercial properties around us, including cs commercial to the north, multifamily to the south, and within the western cutout area that I mentioned a moment ago that's also multifamily. And then across the railroad tracks, there are, that's the a mobile home to the east across the railroad. And while there were initial questions about Thornton roads connectivity, there are actually a number of different routes residents on this property could take to travel to [5:42:25 PM] property could take to travel to and from their home. Second importantly, this property is within a ten minute walk of four transit routes on two corridors, south Lamar and oltorf. That includes one of only two metro rapid busses in the entire city. Right now, the 803, one of only five night owl busses in the city, providing service until 3 A.M. One high frequency route, the 300 bus and a fourth route, the three bus. After discussing this case at length at planning commission, the planning commissioners ultimately found this policy rationale compelling, compelling and recommended dbh 90. However, we also recognize that several homeowners in the neighborhood have raised concerns about vehicular traffic on Thornton road and wrote a petition included in your backup asking council actually to keep the existing chs zoning today exactly as it is today, given the concerns we have heard today are about vehicular traffic, we agreed earlier this morning to directly address that issue with an mmf six co compromise, which [5:43:25 PM] an mmf six co compromise, which would eliminate all commercial entitlements. It would reduce impervious cover from 95% down to 80%, and it would reduce building coverage from 95% down to 70%. That's a 26% reduction in building coverage. We it would keep our existing height exactly where it is at 60ft through the Coe. This would significantly reduce the property's intensity over what we were. We are already entitled to by right today. While helping us achieve a feasible residential project. As you know, commercial uses are inherently more intense. Both in terms of vehicle trips and in terms of uses themselves rather than housing, which should help to address the concerns of the homeowners nearby. Additionally, the reduced impervious cover and building coverage under mf six and the conditional overlay to maintain the height at the existing 60ft will all reduce literally scrunch. I'm shrinking as I talk about it will shrink the buildable area on the site [5:44:28 PM] the buildable area on the site while the mf six base district helps us maintain feasibility within this much reduced footprint. While this is not the initial vision we were seeking, we believe that this compromise can meet our feasibility needs while helping address the traffic and traffic concerns that have been articulated. It would do so with a much lower footprint, 60ft, which we have now that we already are allowed by right and with less intense uses that we are already allowed and without any increase in height. Most importantly, and switching to multifamily zoning, it would fully commit this property to providing housing within a ten minute walk of four transit routes on two corridors, and would eliminate commercial uses altogether. Thank you. >> We will now have a representative of those in opposition to this application, and that person will have five minutes to state a case in opposition. >> I believe that's going to be Jurgens slavova. >> Great. [5:45:31 PM] >> Great. >> Are you going to bring up the slides or. >> I don't have your name. >> Could you state your name for the record? >> I'm sorry, my name is gergana slavova. Good >> Escott Michael Gallagher and Antonio Soto. And we need to have. >> Okay. I mean, the clerk confirmed that they received were able to open the slides yesterday through email that we got that, yeah, this is it. Thank you. >> Good. >> Thank you. >> You'll have five minutes. >> Got it. Thank you. So this was obviously created yesterday before. I mean, literally, we just found out that there was some change this morning. I guess that's good to see, so my name is gergana, and I'm a resident on Thornton road, so [5:46:32 PM] resident on Thornton road, so what I wanted to do today is encourage you to consider some mandatory traffic improvements and road improvements to the neighborhood, given the additional development that is being considered today, so Mr. Wieland didn't really show you any pictures of the of the road. So I wanted to do that today, so you can see this is the exact stretch of road where the proposed development will be. There on the left, we have continuous sidewalk on one side, but you can see that it ends on the other side, and there's actually no sidewalk on the opposite side of the street, so if we're going to increase food traffic, then I really want to urge you to consider extending the sidewalk on the other side of the street right now, if three people pass each other on the continuous side on the left hand side there, like one person will have to go onto the road. And if we're increasing traffic, it's food traffic, then that [5:47:33 PM] it's food traffic, then that will happen quite, quite a bit more often, I also wanted to zoom in a little bit on the street itself, so you can see that there's cars parked on both sides of the street, and there's really one only there's only a way for one car to pass down the road. So any other vehicles will basically have to wait. Now these numbers are of course based on the information I had yesterday, which was sort of the increase in the daily vehicle trips. So I don't know what the new numbers will look like based on the data I had yesterday, this would increase. Vehicle trips by seven times. So that one car on the road that you see there actually becomes seven. And then if there's another car that comes in that also becomes so they just it keeps going, it keeps increasing, so and you can see so this was actually taken on Sunday. We don't have a lot of traffic on this road, imagine this is like a random Tuesday morning when people are going to work and driving down this road. And then finally, the other [5:48:34 PM] And then finally, the other thing I wanted to talk about is, so we also have a train crossing along oltorf right tt onhe corner of oltorf and Thornton, and this is also taken on Sunday, just later that same day. So you can see that traffic is backed up all the way to Lamar. And this is not exactly peak traffic time. Right. So if you're making a left, then that will become near impossible, if you have to wait for all this long line of, of cars to kind of pass through, the other thing I wanted to mention, and actually someone else will talk about this as well, they'll show you pictures. There's only one way. There's a lot of exits from the neighborhood, but there's only one, two lights on where you can make a left on Lamar. All the other ones are small residential streets, and it'll take you a while to go south on Lamar. And that one is this light that you see at the end of the road there. And the other one is on [5:49:36 PM] And the other one is on bluebonnet. So if you're backed up waiting for the train on this light, then you're only you basically down to one exit out of the neighborhood if you're going south and there will be the other light on bluebonnet. So in conclusion, I wanted to thank you for the time today, and I really want to, I really want to urge you to consider some mandatory improvements to the local neighborhood traffic and roads. So that would includes extending the sidewalks on both sides of both sides of the road, especially if we're going to be having more people walking. And then also considering a light at that train intersection. Thank you. >> Thank you. Now we'll hear from those who have signed up in favor of the application. >> Mayor, there are no speakers that have signed up in favor. >> All right. Now we'll hear from those who have signed up in opposition. >> Thank you. The first speaker is Dana lassman, and she has time donated by Rita Ross and [5:50:38 PM] time donated by Rita Ross and Laura Johnson. Are they both here? Yes okay. Thank you. For a total of nine minutes after Dana is Kim betray. >> When your name is called, if you'd come and take a position on the front row so that you'll be ready, after the speaker, I tell you to go forward, or I should use, like, to use this myself. Yeah, you can use that. Unless Mr. Robbins broke it. We're still we're still we're still trying to determine whether or not he broke that thing. >> Perfect. Okay, well, hello. My name is Dana lassman, and I stand before you today to express opposition to case number C 14 2024 0071. I'm speaking on behalf of the carriage park condo association, located at 2216 Thornton, or a 22 unit owner condominium. I'm also representing artists in the Thornton road studios that consists of 25 artists who have small businesses on Thornton [5:51:39 PM] small businesses on Thornton road, as well as the neighborhood. A lot of people showed up today in red to just show you their opposition. While the community prefers staff's recommendation and I will second Gargano's comment that we are just now hearing about this change, so we are not really familiar with what this f6 changes. But while the community prefers staff's recommendation, we still find it unsettling due to its scale as well as the vague nature of the vertical mixed use overlay the community would be in support of zoning all parcels mf 2 or 3, which are more in line with the current land use densities along Thornton road. We believe the rezoning request of the city and applicant will have adverse effects with the neighborhood, particularly with traffic and safety. The project's approximately 1250 linear feet from the intersection of west oltorf and Thornton road, with traffic patterns that are exacerbated by its proximity to the railroad tracks. This first [5:52:40 PM] the railroad tracks. This first picture here you can see the current flow at this intersection. Thornton road is a level one street. It consists of 30ft clear space, front of curb to front of curb with sporadically available sidewalks. The current traffic patterns require drivers to yield to oncoming traffic, weave in and out of parked cars, as you saw in Gargano's pictures, as well. Trash cans and pedestrians resembling more of a one way or one road. One lane road than a two lane road. Additionally, the street experiences daily backups at this intersection due to the at grade railroad crossing along Alton, which is approximately 200 linear feet from oltorf and Thornton. The traffic analysis provided for the project shows an estimated increase of 1400 daily vehicle trips, which is a 57% increase in traffic. We did not see a pedestrian traffic analysis. I don't know if you all do that, but 350 additional homes would be a huge increase in the traffic. With foot traffic, there's no light, [5:53:43 PM] traffic, there's no light, there's no traffic light or signal at oltorf where that bus stop is located. Sidewalks along Thornton are sporadic and narrow, so the increase of pedestrian flow, along with the increase of vehicles will be a significant stress on the safety and walkability of the neighborhood. The rezoning change seeks a density that is far beyond what is appropriate for our naval, for our neighborhood, at a level one street, we are pro density or pro diversity. We're pro growth and pro affordable housing. Just not at this scale and not without appropriate safeguards to ensure the safety and livability of the current residents. The intersection of oltorf and Thornton can barely handle the current traffic flow. Traffic waiting to turn onto Thornton gets backed up onto oltorf and all down south. Lamar gridlocking it and the surrounding streets, traffic waiting to turn onto oltorf gets backed up all the way down Thornton road and into our neighborhood. Also gridlocking it so we're in a gridlock all around. There are no other outlets to support the pressure [5:54:44 PM] outlets to support the pressure on Thornton. This next slide here shows you the thorough the streets that go through and to Gargano's point, but also to the applicant's point. There aren't many ways to get out. It's all throughout the neighborhood, and the only light areas are that old south Lamar and bluebonnet. So when you're stuck back in that neighborhood, there's not a lot of ways you can get out, especially during those gridlock times, because there's no left turn, there's no light. And when the train comes, the next slide shows the current acreage unit and dwellings per acre of our street. Our complex is the second highest at 22 units. And then parcel 859317 jumps to 104 units. The current average density is 10.7, and the proposed request is 81.5. This next slide just shows you a picture so you can visibly see what the units, how many units [5:55:47 PM] what the units, how many units on the road are, and just the nature of the street and the amount of units in each of the dwellings, 350 or 250 unit building is completely out of place on this street. To build another 100 or 150 multifamily 2 or 3 building is far more acceptable given the structure of the street, and there are ways to also include affordable housing, which we support. We're deeply concerned about traffic and safety for the community, along with drainage, and these have been issues on this street that have happened over the years. The same issues come up at every rezoning staff, experts and neighborhood have consistently determined Thornton road is not suitable for large residential development. We saw it in 2014, 2016, 2020. There's been lots of cases that have come before with the same issues regarding traffic flow, drainage and other various concerns that have been addressed. This new proposal shouldn't be treated [5:56:47 PM] proposal shouldn't be treated any differently. In fact, its scale is much larger and would only make the worst case scenarios as previously described happen. Here are just slides from the 2016 documents. All of the same points that are being made today about the access issues. The neighborhood output, and the strain on the street and on the residents. Even back in 2016, you see the issues with the cars when they're parked on both sides. You cannot get through. It is really a one lane road. Our understanding in the past is that city recommendations, in order to pursue these zonings were to follow through on the requests that have not been completed to date. So here's just another slide of showing the same concerns in 2020 about rezoning issues. So really, what's changed? Not much in terms of the issues with this small street and with draining. No one wants to be on a bridge when it breaks. And it seems [5:57:48 PM] when it breaks. And it seems like we know that the bridge is breaking and it's definitely chicken. Before the egg, but we wouldn't want the bridge to break and then have to deal with the aftermath there. After we know now that the bridge is going to break. So let's put in the infrastructure that we need in order to make it strong enough to sustain such a development. We, like I said, are not anti-development but believe any development should fit the scale, scope and character of Thornton roads existing residences and capacities. We propose a zoning of mf two or mf three for the identified parcels, which would allow about 99 units and a maximum height of 40 or no change to the current zoning. We would like a new traffic study and impact analysis done based on mf two zoning with love one on pedestrian increase as well. We'd like the city to develop a proposal for an additional lane at Thornton or oltorf intersection, so that we can have ability to take a left turn. We appreciate your consideration for these matters [5:58:50 PM] consideration for these matters and unrelated but a little bit equally related. This has been my first experience doing anything with city council, and we've had a really difficult time just understanding communication from city staff. We've had to ask multiple times to explain it in layman's terms. We did put a petition together. I take my hat off to you. I did not enjoy knocking on doors, especially in triple degree heat. But we did it and it was so much excitement because we got 20% of the total number of people in the 200. um, [6:00:00 PM] um, feet radius and then learned to find out city staff forgot to say it has to be 20% of the partial area, not 20% total. So it failed miserably for us, but was a a really frustrating process. We are trying to learn and be part of the process and know the systems, but it was really difficult to get that done. But it did bring the community together and there are people that do oppose this, but support growth. If we can work together and we would be really open to more conversations with the applicant. Like we said, we just learned about this, we haven't had a lot of interaction and um, we want to build our community together. Thank you so much. Thank you. Kim vire and then sono asto and then david ansel. If your name's been called, please come and sit on the front row so she'll be prepared. Good afternoon. Thank you for the opportunity to speak. My name is kim vire. I own a residence on thornton road about two blocks north of the proposed proposed rezoning site. There is a long and well-documented history of rezoning attempts on thornton, all of which have been withdrawn or denied due to many established facts around the streets. Incapacity and lack of infrastructure to support large and or dense residential development. Almost none of the recommendations, for example, a west side sidewalk, street widening, near altor, dedicated turn lines, pedestrian hybrid beacon traffic signal, et cetera. None of the recommendations that might facilitate such development have ever been implemented to this day, nor are they proposed for the current rezoning request. The fact is that nothing on thornton road has changed that would make today's rezoning request any more possible or reasonable than in all the years past. When this has arisen as an issue, thornton road is already Deemed by the city to be operating at an undesirable level. So i and many of my neighbors object to the requested Rezoning and also to the city staff's recommendation as either Development would be a disaster for thornton road. We are not opposed to any development and we very much Appreciate the need for an efforts toward affordable housing. However we expect and request appropriate development and The infrastructure improvements that would mitigate rather than Exacerbate the traffic and other issues that have been before this Council several times before. Thank you for your careful attention and consideration. I respectfully request that the council deny the requested Re resigning our next speaker please. Hi, good afternoon. My name is sono osto. I'm an austin artist and a home organizer. I'm also the producer of the gutter blood talk show that, Uh, addresses, uh, issues around the arts communities in, um, austin. I've lived near the intersection of south lamar and ultorf And have been a member of the landmark thornton road art studios Community since 2018. For those of you who are experientially unfamiliar with this Confluence of major corridors, the union pacific railroad tracks that Run across ul torf at its center, which has been explicitly outlined For you and ongoing surrounding lane closures due to the protracted South lamar mobility project, who have a lack of awareness to clearly Includes the developer in their lawyers. Your five-year-old could surmise from looking out the car Window that this tight cluster of traffic patterns is a steady mess. And then thornton road directly feeds into it. Any intelligent kid with cultivated powers of reason and Human empathy would also be able to deduce the constructing a 350 unit Six story high apartment complex on thornton road, a short and narrow Street that has few outlets, no lanes, no side margins for street Parking, an unposted speed limit of 30 that more and more aggressive Drivers ignore. And where neighbors walk their dogs and their children Numerous times each day is absolutely insane. [06:10:01] Oblivious to community safety and self-serving the developer claims that this proposal, which benefits no one except themself will provide affordable housing. Where are the details? What are the price points? What's the percentage of affordable housing units within the layout if one even exists and for and could say an austin public school teacher or an austin cop afford to live there, meaning their housing costs are 30%, Not 50% or 75% of their total monthly income. It is your job to care about the people who live here. If you vote yes on this rezoning proposal, your shortsighted priority is money and not the community. I have seen it before in san francisco, seattle and Portland, all cities that spread their legs, that spread their legs from money during boom times and ended up being utterly denu denuded of their municipal wellbeing and cultural vitality by a roaming an insatiable population of tech wealth that takes what it wants and then leaves when the party is over that they'll, that they're now all moving to austin, does not constitute a housing crisis. It just means that austin is next in line to host until the boom subsides and then they'll move on. So in terms of a long vision for the sustainability of a vibrant and diverse austin, which you have been entrusted to comprehend and safeguard, it's a question of whose side you're on. The people who, uh, people of austin who have hired you or essentially agreed. Thank you david ansel and david has time donated by kyla Cans. Are you here, kyla? Great. Six minutes please. Hi everyone. Um, thank you for this opportunity and thank you councilman Alter and staff for all the time and support you've given to us as my first time also being part of, uh, addressing city council. So i appreciate the opportunity to speak to you all today. Um, i'm a neighbor. I'm speaking out against this, um, a new urbanist. I've read my jane jacobs. I am someone who appreciates eyes on the street. I acknowledge and, and support the need for densification in The city. Now i know there are debates about the efficacy of supply Side solutions to affordability, um, but i agree with what i assume Many of you do is that supply has to be part of the solution. Um, i've also read my robert moses, um, many cautionary Tales there. This has to be done with some sense of appropriateness of Scale and a balance of power between capital and people. The now defunct psw uh, the previous applicant built the Thornton flats next to me and next to this, uh, this proposed site at Mf two. At the time that was very out, far outta scale with our Neighborhood, but the improvements that accompanied that development Completion of one side of our sidewalk, single side parking that is Intermittent, um, the increased density, uh, and increased pedestrian Activity, the eyes on the street, all these things have improved. Our neighborhood have improved the livability on our street. They've made it more walkable, they've more friendly, and The neighborhood welcomes that. Um, now you've heard about all the functional problems with This proposal, uh, kind of outlandish density being asked for on this Site. I just wanted to share a little different perspective. You know, where we come from and this is, um, sort of in Terms of, um, deal making, which is something we all have to do in our Lives. Uh, the development that's being proposed is, in my opinion, A gross overreach by an absentee ownership group that has nothing to Do with austin. They have no interest in our community or the lives of this Neighborhood. At least psw or or uh, story built was part of this economy And community. And it's my belief that this group has come to the table With a bad faith starting negotiating position and what a bad faith Starting negotiating position does. It sets an unreasonable starting point. So that compromise is made at an artificial middle. Um, it would be akin to me starting my negotiation [06:15:01] Saying, we believe the best thing for our neighborhood would be to Rezone this to park land. You know, it's, it's an unreasonable starting point meant to Skew the compromise. Um, by the way, the mf six is a surprise to all of us. It was not communicated to any of us until a few minutes Ago, so don't really know the specifics of that or how to react to it. But i do know that the previous proposal made when psw was a Stakeholder was much more moderate, much more in keeping with the Neighboring mf two scale on both sides of the property. Uh, this is a distressed property. This is another important point for me. You know, this is a distressed property. Um, it's in receivership the scale. Developing this at a much smaller scale will still bring Plenty of new units to our neighborhood and to our center city. It will make the developers plenty of money. They could even afford to offer affordable housing out of The goodness of their own hearts and still have an extremely Profitable development. Um, i i hear mention of the scale required for viability. Has a developer ever had to pro to display or demonstrate How the scale, the scale that they need to pro create viability for a Product project? Or do we just take them at their word? Um, in Closing, my final thoughts are that counsel, by proving this would be Choosing to increase the profits of a far off exploitative entity at The expense of the livability of taxpayers. And i ask you to vote, um, before you vote to consider who Benefits from this. Thank you so much for your time. Thank you. Bruce berg, who's remote. Hi. You hear me? Yes. All right, thank you. Uh, i want to first thank uh, all the other residents here. Uh, i live right across the street from this proposed Project. Um, i wanna thank everyone else for already speaking out on It. Uh, i am also against this project. Uh, they've been apparently trying to rezone these lots Since, uh, 2015 as far as i was able to find and someone stated here, 2014, uh, i've got four major concerns. Uh, we've already stated traffic and previous, uh, Previously identified the street is not suitable for its current Volume of traffic. Adding 350 new units is not going to help that at all. Certainly. Um, existing building density, which we do need certainly Has already been added on lamar this year. We've got one building up at blue bonnet and lamar and two At lamar square. And there are four other zoning requests within one mile. This to add even more on mar, those are c 14 20 24 0, 0 3 8 5 3 and seven three and 2023 dash 0 1 4 6. Uh, generally these mid rises have gone up along four plus Lane boulevards like lamar. Uh, we're calling them corridors, i suppose. Uh, thorn road is not that, uh, and people have put up some Very good slides for that, so i won't go much more into detail on it. But with that and the utility work going on on lamar and Oltorf, uh, both of those roads getting in and outta the neighborhood Is becoming dangerous. Uh, getting from thornton over to blue bonnet to hang a left To get outta the neighborhood, uh, it is itself is dangerous. Uh, kenny oaks court, a 15 mile an hour tiny road that can Barely fit two cars passing each other. Should not be a thoroughfare, certainly not with how close Those houses are to that road as well. And, uh, the other one, uh, cinnamon path and waterloo Trail, which does not include a four-way stop and is on a hill and the Road winds to get to it, not suitable for calling it through traffic And having it be a second option to exit the neighborhood. Um, really the only safe way when blue bonnet is closed is Go all the way down bend white. [06:20:01] And that is similarly very unsafe, especially for pedestrians where you have large sections, uh, of the road that do not have the sidewalk. Um, second, are there any provisions to ensure there's adequate parking for these residents and guests since we're concerned about the traffic? Thank you, sir. For construction traffic. Thank you. But your time's expired. Go jenny, grayson, noe, elias, debra norris, carlos yon, Beth deloit, chris page. Brad massing. Hey y'all. It, it does my heart good to see this neighborhood here sticking up for their, their neighborhood. Um, so many people don't have the option of coming up here during the daytime. this is really hard. And if, if they postpone this for first reading, the second, Third reading, i encourage y'all to show up for those meetings. 'Cause i've seen other people come to the first meeting and not come to the other meetings. And this just gets passed when you're not here. So stay on top of it. Um, this is a very, uh, another one of those pockets of Austin that's not been developed for a long time because it's, it's so Well loved and the people that live there and the artists and the Things that happen there are integral to that small area. And it's just a donut hole of old austin being surrounded And pushing these things out and, and, and approving all these Projects. We're destroying the fabric of old austin. We're gonna end up with nothing but a bunch of buildings. So i encourage y'all to, uh, listen to the neighborhood. Thanks, mayor. All the speakers for this item have been called. All right. Uh, then we'll go to rebuttal. Uh, and i'll recognize mr. Waylon. Mr. Waylon, you'll have three minutes by way of rebuttal. Thank you. Uh, mayor, uh, council members michael whalen on behalf of The applicant. Really wanna touch on just three buckets quickly. Um, first, you know, in response to what the neighborhood Said, we had a, a meeting that was organized by council member, uh, Alter's office with the neighborhoods. There was a lot of attention and focus on the traffic issue. You've obviously, we heard that today. And in response to that, we, uh, pivoted and, uh, responded With a reduced footprint. As i've already indicated, we're entitled to 60 feet, Currently under cs with 95% impervious cover. The reduction to ms six takes you, knocks you down to 80% Impervious cover, which helps obviously with flooding, we'll have to Now comply with current water quality and detention. The building coverage is even more significant from 95% down To 70%. And again, we're consistent. We stay at the 60 feet that we currently have under cs, but Most importantly, we eliminate all of the commercial uses, all of 'em. It will only be residential. And i know transportation department is here and can attest To the fact that residential is less intensive in terms of traffic, Uh, uh, uses, uh, because of the breadth of commercial uses that roll Out. Second bucket, i owe the neighborhood an apology. Uh, we did make this pivot early this morning. It is here for first reading only. 'Cause there is not a, uh, an ordinance that's on me. It was a fast pivot, uh, early this morning. We didn't confirm it with the client until, uh, late Morning. And i'm glad it's here for first reading only. So we'll have further opportunity, um, for discussion or Answering questions. But, uh, that's on me and i apologize, uh, for that, uh, Lack of communication, uh, right before lunch. The third bucket is the, the facts on the ground. We do have a sidewalk from our project. You saw that in one of the pictures where this property is, That is a consistent sidewalk all the way to the four buses, uh, that, That i've already mentioned. I think that's important because we want to encourage, uh, Bus usage. And, and i, and i, i hear what people are saying that we Need, people need more sidewalks. I think you hear that in many of your cases, but at least Here we know there is a sidewalk, um, from this particular site all The way to the buses. Second, uh, in, in this bucket we heard it planning Commission from people who know better than i do, that having narrow Streets does mean safer streets because people drive slower and you Have less pedestrian, uh, uh, con uh, conflict. Finally on traffic light, the transportation [06:25:01] Department will tell you that there is a light that is scheduled Ultimately to be, it's on the capital improvement plan. I don't know what the, the term is, it's just a matter of Getting the money allocated to it. And as you know, we will have to pay a sif. Our street impact fee for this site will be at least 50% of If not more, um, that would be required to install that, uh, light at Altor. Thank you, uh, members that it concludes the, the hearing on This matter. Um, with without objection, we close whatever public hearing This was and i will now look to council member ryan alter, uh, for a Motion on item number 98, your much mayor, i would like to move that We approve on first reading only and mf six co as discussed here Today. And then, uh, once that motion is taken up i'd like to say a Few words. Motion has been made by council member member, uh, ryan Alter that item number 98 be be passed on. First reading only mf six co. And it's seconded by the mayor pro tim. Uh, council member alter, you're recognized for discussion. I just wanna take a quick moment to thank the, the neighbors For being here. I know it's been a very long day. I've seen, uh, y'all sitting there for a while, so thank Y'all for taking the time to come out. Uh, i also really appreciate y'all having me out to the site This week. Uh, it really did help inform and, and, you know, really see What, uh, was appropriate and some of the discussion here. And when i was out there, it, it was very clear, i think Pretty quickly that 90 feet was, was just way too much for this area. Um, i thought we were gonna have a little more time with our Discussions of, of, uh, postponing. And so, uh, when found out that we didn't quite have that Time, really scrambled to try to, uh, put a deal together that i felt Was going to do as much, uh, to help the concerns that were raised, You know, drainage being one that was raised, if, if we could reduce That footprint, reduce that impervious cover that will help with that Lower the, the amount of traffic, both from a unit count and a, um, Commercial element. Uh, we are still luckily since consistently first reading, Working, uh, to have some further discussions with the engineering Department about, uh, the improvements, whether that is that extra Lane, uh, the, the light, what, what we can do with that street impact Fee. Uh, 'cause i certainly hear the concerns there, but Ultimately, you know, was very concerned that if we went too far, you Know, i know mf two was the desire of the, of the community that was Already part of their entitlement and to, um, to basically incentivize Them to walk away and then just put something 95% purely commercial Impervious cover on that site felt like it would've been a really big Disservice to the community in that residential area. And so, um, i look forward to being able to have future Discussions here. This is only first reading, so we'll get to continue to work Together. But just wanted to kind of outline, uh, the thinking and Getting here and, and why, uh, there was kind of this late scramble And, but really do appreciate, uh, y'all's advocacy and, and being Here today. Thank you. Thank you. Council member. Is there any further discussion? Council member fuentes. Thank you. Just also wanna thank the community for coming out today and Voicing your concerns with this rezoning case. And also wanna share my gratitude to my colleague here, Council member ryan alter for his leadership in addressing what the Community has brought up as concerns and, um, working with the, with The applicant, um, to ensure that, that we get a, a rezoning that is Safe for our community and, and demonstrates our values as a city, uh, When it comes to housing and ensuring the safety, uh, particularly on The drainage infrastructure. Uh, so i will be supporting this case on, on first reading, Uh, but want to learn more about how it can be helpful, um, in this Process and, and learn more about how the concerns are being Addressed. Thank you. Council member. Council member harper madison, do you wish to speak mr. Mayor? Uh, i think this is probably a map, uh, matter of like personal Privilege. Um, i'm from the east side. I go here, so having people come and talk cash money stuff About me and i go here, you just got here. I really, i'm not sure how to like appropriately articulate It, but i think it's inappropriate and i just want to make sure to Voice my concerns. Thank you. I go here. I'm from here. I am the black community. Okay. Thank you very much. You are welcome. With that being said, um, i'll, i'm going to call for a vote Right now, but i will also say, [06:30:01] Uh, on behalf of all of us, uh, thank you for being here tonight. Uh, and, and, and you did a good job. Uh, so, uh, for those of y'all, that's your first time to be Here. Um, it, it is a later day, but, um, but i late in the day, But we appreciate your being here. appreciate your expression, your point of view, and, and, Um, because it's on first reading, they'll allow for a greater Opportunity for evaluation. So thank you very much. That being said, there being no further discussion to, uh, On this item number 98. I'm sorry. The motion is to adopt item number 98 on first reading only, Uh, without objection. Item number 98 is approved with council members. Ellis and allison alter off the dais. Council member alter, did you have something? Okay. Uh, members there being no further business to come before The austin city council at this regular meeting of the austin city Council without objection, uh, we will be adjourned at 6:25 pm with Council members ellis and council member and allison alter being off The diocese. We are adjourned. Thanks everybody. Thanks counsel. Thanks public.