City Council Regular Meeting Transcript – 11/7/2024 Title: ATXN-1 (24hr) Channel: 1 - ATXN-1 Recorded On: 11/7/2024 6:00:00AM Original Air Date: 11/7/2024 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. [10:01:07 AM] For this meeting, members, the order that we will go in today is in just a second. I'll read changes and corrections into the record, and then we will go to item number 33, which is an item that has been pulled for us to discuss. They will then go to the consent agenda. First hearing from consent speakers, and then the other item that has been pulled from the consent agenda is item number 16. At the conclusion of the consent agenda, the consent speakers, we will have a motion and a second and then discussion a brief comments from council members on the consent agenda. And we will vote on the consent agenda. We will then go to the items that was pulled. At that point, it will be item 16 unless somebody pulls additional items, we will go to the non consent items. We have three categories of non consent items. Items from council committees, eminent domain items and public [10:02:09 AM] domain items and public hearings. At noon we will have our 12:00 time certain for public comment. We will recess at the end of the public comment period for live music. And my guess is that we will reconvene at like 110. And then of course, at 2:00 we will have our time certain of zoning items. With that I will read changes and corrections into the record. Item number 31 is postponed to December 12th, 2024. Item number 33, we would add council member alter to that item as a sponsor. And it's my understanding that council member zo qadri also wishes to be put there. So without objection. All right. It looks to me like let me ask this question on item number 33. If there's no objection, we will add all members of the Austin city council as sponsors to item number 33. Without objection, [10:03:09 AM] number 33. Without objection, that will be done on item number 34. Please add council member Jose chito vela to that as a sponsor on item number 36. Rey and a long has removed herself from consideration. It should read rey Ann alone has removed herself from consideration. When we bring up item number 36. That is one of the non consent items, because it's an item from a council committee. As chair of the committee that that comes from, I'll be the one making the motion and I will assure that rey and along will not be part of that motion on items 40, 42 and 43, it should read when public hearings are taken up, these items will be postponed to November 21st, 2024. Again, items 40, 42 and 43 will be postponed until November 21st, 2024. Members. Those are the changes and corrections that needed to be read into the [10:04:10 AM] needed to be read into the record. That will take us to item number 33 members, item number 33. As you know, is an opportunity for us. And of course, all of the council just agreed to be co-sponsor. So it looks to me like it has a good chance of passing for those that are sitting on pins and needles. But item number 33, if I might, I'll just I'll just mention a little bit about what that's about. That is a motion that we will take up to name the staff bullpen, which is behind council chambers here to name that the Cagle staff bullpen and to name the city hall first floor kitchen, which is also back behind us here as the jeugoum kitchen for the public. You know, everybody thinks the theater goes on here in this room. And I guess it does, but but in order like a theater, in order for everything to work the [10:05:12 AM] order for everything to work the way we want it to work, there's a lot of activity that goes on behind here. It's like a backstage in a in an actual theater. And khijadiya who she is kind of the person that is the stage manager, if you will. She makes sure that everything is done the right way. She has been making sure that that everybody is fed, everybody is taken care of for a long time. In fact, she came in 1998 to Austin city government. I'm happy to say that that was when I first got to meet her, because I was serving as mayor back then, and I quickly figured out that Kay, miss Kay, as she is referred to by so many people, was one of the neatest people I ever had. The chance of knowing. As I have said on more than one occasion, she's the glue that holds things together. She's the tie that binds city hall. She's the person that can get anything [10:06:15 AM] the person that can get anything done, whether it's big or small or mundane. She's a rock who everyone can count on, but more than all that, she is someone who spreads love. That's the only way to describe her. She is. She is someone that spreads love. And we all feel loved by her. She loves her job, that's for certain. But she loves her job because she loves all of us. And so this resolution will be one that allows us to tell her that we love her as well, and that we want people in perpetuity at Austin city hall to know of her love. So with that, I'll entertain a motion and then we will have speakers on the item. Mayor pro tem moves it, seconded by council member [10:07:16 AM] it, seconded by council member qadri that we adopt item number 33, and I will now turn to the city clerk to call on people that want to speak. >> Here. And of course, a special good morning to our guests of honor today. I had mentioned previously before this dais that I was breaking the taboo on council staffer speaking at one time, but it turns out I was a liar and now I'm here on a second occasion. When I first started working here, a couple of years ago, my boss, zohaib, made sure that the very first people that I met on my first day of work were miss Kay and Mr. Joe. She told me how important they were to the operations of the city, how much they were the lifeblood of the city council, and all of us who [10:08:19 AM] city council, and all of us who work here at the city staff, council aides, everybody included. And it didn't take very long for me to realize that this was somebody that clearly, truly cared for everyone here. I could feel her immediate warmth as soon as I met her. You know, she was quick with a hug. You know, she learned that I had you know, we were recently at that point expecting a baby. And of course, and she was very excited about that, always wanting to know what was going on. Since we've had the baby, she never stops asking about him and it's just been a delight. And having not been able to see her and Mr. Joe recently as much has been probably one of the most challenging parts of working here in council meetings. And that's really no exaggeration. Not only was miss Castillo incredibly warm and genuine and caring, you know, she always seemed, with all of the people here, to know exactly what what is that person like? What does that person not like? What does that person need when they're [10:09:19 AM] that person need when they're not feeling great? And of course, Mr. Joe, who would probably be the more silent of the partners, also managed to have the incredible ability to exude utter authority by simply sitting quietly in the kitchen. There was never a time that I walked in there and I didn't think, okay, what do I need to make sure to follow Mr. Joe's rules and make sure that the expectations are met? And, you know, for the two of them to have worked for here for so long and to do everything they've done, has truly made this experience something that you don't normally ever think about much when you go work for anybody. It's truly been one of the highlights. One of the core parts of the quality of life as an employee of living here and you know, whatever the future holds for both of them, I can't wish them anything else but the absolute, absolute best. Thank you. >> Thank you. >> Good morning, mayor and [10:10:25 AM] >> Good morning, mayor and council. This is my first time testifying here. So thank you for your patience. My name is Gomez chow and I've had the honor of serving district four over the last five plus years. And I, as Rainey mentioned, when I was first onboarded here on the onboarding checklist, was meet miss Kay and Mr. Joe and I continue that tradition of, you know, all of our interns and anybody who starts in our office. No matter how short or long they're here to make a big deal of meeting miss Kay and Mr. Joe. And when I met miss Kay, it was love at first sight. And what I mean by that is that she has offered some, some of the most genuine love and kindness that I have ever experienced in my life. I'm sorry, but I, I miss not seeing you here and I go on Facebook to check if you're posting. This is to make sure you're fine. And so I see your post and I'm like, all right, you know, we're good. So [10:11:26 AM] right, you know, we're good. So thank you so much. Because I think that love and kindness, you offer it to every person that steps. You know, behind the dais, regardless of what they believe or what they do. So thank you for that. And it has been hard to not have you here, because every other Thursday morning I look forward to getting a big heart from you. And I got it today. So thank you for that. And Mr. Joe, I don't know if you're watching, but I'm not forgetting you. I got to admit, I was scared of you for a good while, but. But I think I've grown on you. I think. I think we get along well, I like. I agree with what Rainey said. You know, you're you're probably one of the most powerful people in this building. So we miss you too. I think we've become good friends, even though you don't. You may not know that, but I am. I consider us good friends. It's no wonder miss Kay has kept you around all this time. So I'm so happy that we're here this [10:12:28 AM] happy that we're here this morning. I know it's a tough moment for a lot of people, but this has brought so much joy. When Colleen confirmed that you were going to be here, I was so excited. I told my husband, I'm like, let's get flowers. And I'm so glad you're here. I'm so glad that we're taking the time this morning to acknowledge and honor you and Mr. Joe. We are truly lucky to have you. Thank you. That's all the speakers. >> Mayor. >> Great members. Those are the speakers that have signed up to speak on this item. We have a motion and a second. I will now recognize council members for discussion. Council member qadri followed by council member Velasquez and then council member Kelly. >> God, how do I go after? I don't know, after Rainey. >> And that's why that's why I talked up front. >> I also waited to press the raise hand button, so I was hoping someone else had done it. But you know, I'll make it pretty short and sweet. I walked down today. My wife would probably be upset to know that [10:13:28 AM] probably be upset to know that the first thing I had this morning was a doctor. Pepper. UT as I went to get that doctor pepper, I saw miss Kay. And you know, there's a lot of stress and anxiety for a lot of folks nowadays, but that which I've been caring to a degree. But that all went away when I saw miss Kay. Yeah. You know, I wish there was more people like miss Kay in this world, in this city, in this country. Just because I think we'd be we'd be in a much, much better place. So I'm glad she's here. I'm glad we're doing this. I'm so thankful for her and just my little story about about, you know, miss Kay's better half or other half. I'm still terrified to try to get a coke or or or a bag of cookies. Anytime that the room was empty, I'm like, I'm going to get as much stuff as I can. And any time I saw Joe, I'd be like, I'll come back later. So I appreciate you both. Love you both. And that's my time. >> Very good. Good. Council member Velasquez, followed by council member Kelly, then [10:14:29 AM] council member Kelly, then council member harper-madison. >> Thank you, Mr. Mayor. I just wanted to say thank you. And I remember the first day we met, almost grabbed me by the hand to show me where everything was at. And it has been such a blessing to serve alongside you. I can say that yesterday the energy in this building wasn't so great. And today, knowing that you were here. People's spirits are so much better. You bring so much light. I remember a quote by by doctor king and he said he talks about a night devoid of stars and you were the light that the world needs more of, and that love that you shine on people and the grace that you bring and the happiness and joy and heart. We need so much more of that right now. And I was so. I was so excited to know you were back in the building, because I needed one of those miss Kay hugs today. Thank you. And I love you. >> I love you. >> Council member Kelly, followed by harper-madison Ellis [10:15:29 AM] followed by harper-madison Ellis and then Allison after miss Kay. >> Thank you mayor. Miss Kay, we certainly have all missed your warmth and friendship here at city hall. I am so proud to have gotten to know you. You made my experience here as a brand new council member. So wonderful and I know that you've done that for so many other people as well. And so you do give the best hugs. And I'm just so proud to be here today for this. Thank you. >> Only miss Kay could violate the rules this way. >> Yeah. We need to make sure no one else does that. >> Yeah. >> Council member harper-madison. >> You so much. I love you so much. I don't want to interrupt the hug. You will praise the [10:16:30 AM] the hug. You will praise the lord for you. Thank you. I love you. I don't know you, but. >> Thank you. That says a lot. That's true. So. I. Thank you. Cannot wait. >> I'm going to let some more people talk. You get to talk? Yes, yes. I'm not about to tell you. No. Council member Kelly followed by council member harper-madison and council member Ellis. I'm sorry, I'm sorry. Yeah, I see this is what happens when we violate the [10:17:30 AM] happens when we violate the rules. I get all confused. Council member harper-madison and then council member Ellis and council member Allison. >> Alright, so. So everybody observing the hug train action, we just experienced, I want you to understand that for as much political theater that happens in this building, that's not a show. We get that consistently. And this morning I nearly leapt out of my not so sensible shoes when I saw her face because that's exactly what you can expect when you get the opportunity to see miss Kay. It's a big hug and I love you. And when things aren't going so great, it's a big hug. I love you and I'm praying for you. And she means it. And it's a beautiful thing to have the opportunity to be around somebody with that being their character. I can't disagree with anything that's been said so far. I just ditto and I'm very, very grateful to have had the [10:18:31 AM] very grateful to have had the opportunity to start my day off by seeing that face and getting that hug and having had the opportunity over the almost six years now in the building, being able to be around that wonderful, joyful angel. So I love you, miss Kay, and I'm happy to see you. Thank you. >> Yes, ma'am. Thank you. Council member, council member Ellis, followed by council member Alison alter piling on all the love we possibly can this morning. >> I think is a good way to start the day. And we love seeing you. And I just, I know when chito team has put together some of your birthday parties and we actually get cake sometimes on council meeting days, we cry in that room too, and it's like we can't even say happy birthday without everyone just getting a hug and feeling that that warmth. And so thank you so much for leading with joy and reminding us, you know, even though the stuff we do in this building is very difficult, that we can lead with love and we will follow your example, said council member Allison alter. >> Good morning. Kay, I can't [10:19:32 AM] >> Good morning. Kay, I can't really see you, but thank you for welcoming all of us to this people's house with joy and kindness. Everyone's shared a lot of the way that we feel so welcome back and just thank you for being you. And it's wonderful to see your beautiful face. And I look forward to seeing Joe when I, when I go back there as well. And I'm going to let Kay have the last word on that. >> You got that right, members. The motion has been made and seconded that we name the staff bullpen after Kay, and we named the first floor kitchen in the Austin city hall in honor of Joe gadia. All those in favor of the motion, please rise in honor of these two people. It passes unanimously. [10:20:33 AM] unanimously. And, miss Kay, you have the floor. >> Thank you. I love you each and every one of you. I actually was blessed to become a city of Austin employee in 1975. August of 1975. I've tried so hard to find words that were adequate to express my love and gratitude to you for choosing to name our kitchen and staff bullpen for Joe and me, words do not exist in any language that are capable [10:21:35 AM] in any language that are capable of expressing that love and gratitude. We are so humbled by this priceless honor. Thank you for allowing us to support you and your staff as you work tirelessly to make our Austin a better Austin for everybody. We are truly grateful and blessed to share this journey with you. We may not remember names, but may we always remember the love. Love for what we do, love for those we do. It with and love for those we do it for the citizens of this great city. Thank you. I love you always and forever. Always and forever. God bless you. >> God bless you. >> Members. Members on this special occasion, unless there's [10:22:41 AM] special occasion, unless there's objection, I think we ought to go down front and have our pictures made with miss Kay. That's an unusual thing. But she's an unusual person, and this is this is an unusual occasion. So if we. Let's do that, please. >> I was looking to see what's down below or squeeze right there or squeeze. >> Yeah. [10:23:44 AM] >> Yeah. >> We'll try to stay together. We're looking at everybody. Stay here. >> Here. Here. Here. Look at me now. Thank you very much. Here. >> That may be the best start [10:24:55 AM] >> That may be the best start we've had of any council meeting so far. So that's just wonderful members. With that, we'll go to the consent agenda and item number 16. Other than item number 33 was was pulled. Item number 16 has been pulled. So we will now go to the consent agenda unless there's another item anybody wants pulled. All right. With that I will turn to the city clerk and ask that we begin with the speakers on the consent agenda. >> Thank you. Mayor Zenobia Joseph has signed up for a few items, but she has not yet called in. So I will go to the first item, number five Alexander stringer, followed by bill bunch. >> Good morning mayor and council. I'm speaking in support of items five and 27 because we need to expand black voices, the [10:25:58 AM] need to expand black voices, the voices of our African-American brothers and sisters needs to be heard, especially after America chose to elect a white supremacist and educated rapist over the first African- American female in United States history. And that's why it's so important now more than ever, to be an ally to the black community. I am in a nontraditional relationship, and the lover that my wife took is an African American with Puerto rican ancestry, and I see firsthand the struggle that people of color go through on a daily basis. Thanks to my wife's boyfriend, Armando. Our country was built on a legacy of white supremacy, and we need to foster a culture of diversity, equity and inclusion here in Austin, especially since we elected a literal Nazi to be president. And my wife, she's put me on a [10:27:04 AM] And my wife, she's put me on a sex strike because she is no longer able to seek reproductive health care. And before the election, I had my very own chair right by the bedroom. And now I have to watch my wife and Armando make love from the closet. And it's so lonely in there. So please, please, please, please, for the love of science, for the love of healthcare, pass item 27. Because abortion is healthcare and I am an ally to women. >> You're really going to clap at that? >> I thought that what I said was inspiring and touching. And I want to save democracy. Yeah, thank you. >> Item 24 bill bunch. >> Morning, bill. Bunch. Speaking both for myself and [10:28:07 AM] Speaking both for myself and save our springs alliance against item 24, where you're proposing to erect barriers and delays and obfuscation to the powers reserved to the people by the charter for initiative, referendum and recall your proposal violates the city charter itself and is therefore completely illegal under state law. The charter says that this power is reserved to the people for direct legislation reserved to the people for recall. The charter further says specifically that it's subject to the requirements and procedures of state law and the charter. No reference to ordinances, and you're essentially trying to amend the charter by ordinance. You're not allowed to do that. The notice that so violates state law and the charter, it violates the [10:29:09 AM] the charter, it violates the open meetings act. The notice you're acting under today says nothing about the words recall and initiative are not in that notice. You have to go research the section that started in the charter. The law is very clear. The case law is clear. You don't have to do research under a notice. You're violating law if you go forward. Also, there's a violation in here where you're requiring this initial notice to be notarized. State law is very clear that we don't have to do sworn affidavits by notary anymore. So I call on all of you, but especially attorney Ryan alter, Harvard attorney Ryan alter, attorney vela, attorney Watson to follow the law, follow all of these laws. Follow the charter. Stop trying to shut down transparency and direct democracy in violation of the charter, in violation of our [10:30:11 AM] charter, in violation of our state open meetings laws. If you do this, you will be sued and you will lose again and you will pile on the shame of this council of you as lawyers, consistently, repeatedly violating state open government laws. And our charter that reserves these powers and how you exercise those powers to the people, not to you. So confirm, conform to your oath of office, confirm to the charter and pull this down, please. Thank you. >> Bobby lavinsky, item 24. >> Mr. Lavinsky yes, Bobby Lewinsky, attorney with save our springs alliance. >> Let me start by saying thank you, Mr. K, and thank you, Joe. [10:31:11 AM] you, Mr. K, and thank you, Joe. You duly with love and you are missed. I missed you at the time that we got to spend together while I was there as well. Didn't know that was going on. I wish I were there back to business. As bill mentioned, sos is a is opposed to item 24 and I was told that I could share that I was opposed to it as well. Item 24 is, as bill mentioned, is an ordinance pertaining to resident initiative ballot propositions. The power of initiative, the power of referendum and the power of recall. All of these are reserved powers by the residents of Austin. The city council should be cautious about adding barriers to ballot access. Generally, I want to highlight the conflicts that bill was mentioning. One of them that is kind of obvious and I think that it's a clear conflict between the ordinance and the charter. The power of referendum. It requires you to get your signatures before the ordinance goes into effect. For most ordinances, that is a ten day [10:32:13 AM] ordinances, that is a ten day period. If you were to have to comply with the notice period under this ordinance for the notice of intent, the clerk has ten days to respond. Your entire period to collect signatures is therefore eroded during that time period. That's a clear conflict between the ordinance and would override the intent of the charter, which is to allow for the residents to have a period where they could petition to overturn an ordinance that was adopted before it became into a into effect. And then just more broadly, I think there needs to be more acknowledgment that petitions arise when there are sources of conflict with power. And November fifth is a reminder that there will be times when those in power may not always serve the collective good. That's not a statement on the current council. It's a statement. Just generally, we don't always control the political winds and we need to be cautious about maintaining balances and checks of power. That's part of the system of government that we have. Direct [10:33:13 AM] government that we have. Direct democracy is a check on the representative form of democracy. Thank you. >> Alexander stringer, item 27. Michael Francis, item 32. >> If your name's been called, just feel free to come forward as your name been called. Sir. Yes, sir. Feel free to come forward. Just identify yourself for the record. >> Good morning, mayor and council. My name is Michael Francis. I'm a member of the building and standards commission. I came before you two months ago, and I shared our dilemma of it's an 11 position commission. We were down to seven. We're now down to six. We've canceled two meetings because we couldn't form even six. Quorum is difficult, right? To build consensus. So the fear now is if we lose another commissioner, we're not doing the city's bidding business and [10:34:14 AM] the city's bidding business and taking care of our our citizenry. It's also very difficult for code enforcement and all the staff around building standards and legal to prep up staff up for those meetings. And then somebody is ill. And that's our fear going forward, that since we've not seen any other commissioners, that if we lose somebody else or somebody sick, we have more meetings postponed and canceled this year. Now we are scheduling another one. We've got a special called meeting tonight. We're able to get enough folks together. Hopefully we'll have two meetings this month. We can get caught up, but we're getting a backlog. And those council members who have those positions are open. I plead with you to please take the opportunity to get those positions filled so we can, especially as volunteers like, I know that some have called in when they've not felt well, just so that we can have quorum and keep moving forward, which I appreciate, but it's kind of jamming us up. Guys. So if you could help us out, we [10:35:15 AM] if you could help us out, we sure would appreciate it. Thank you. Thank you. >> Mayor. >> Yes, councilmember Allison alter, I just wanted to ask if the clerk can send around another round of emails to the council members who have openings on that board. >> Oh, yes. Absolutely. >> Thank you. >> Mr. Mayor. I may, yes. Councilmember harper-madison, as an extension of that request, I think it would be helpful for us to for us to get an email reminder for all open positions for council members. And I'm familiar with mine, but I think a reminder email would be helpful. >> Yes, sure. Thank you. Mayor, that concludes all the consent speakers. They've all been called. >> All right. Thank you, members, on item number 24, in speaking with the city attorney, the recommendation of the city attorney is that we withdraw this item and bring it back at [10:36:15 AM] this item and bring it back at another point in time so that the city attorney's office can look to a question that's been raised without objection. That's what we would do. And I just want to make sure that everybody is aware of that. >> Councilmember Ryan alter yeah, I would just ask when that happens, if we could get an executive session. >> Yeah, that's what we will do. Yeah. With that being said, item number 24 will be withdrawn and brought back at a later date, and the posting will include an executive session posting so that we can take that up in a closed session and get advice from legal counsel. So thank you for bringing that item up. So the motion I will accept for the consent agenda will not include item number 24, an item number 16 has been pulled. Are there any other items that anyone would like to have pulled from the consent agenda? That being the case, I'll entertain a motion to approve the consent agenda. It's made by councilmember Allison alter, seconded by councilmember qadri. Discussion on the consent agenda. Councilmember qadri, [10:37:18 AM] agenda. Councilmember qadri, you're recognized. >> Got to keep getting the first person to speak. I'm just going to speak really quickly on item number eight on the red river merchants association. Really excited about this item coming through a vibrant downtown with live music and cultural spaces is vital for a thriving Austin. I'm really happy we're able to create a sustainable funding stream for the red river cultural district, and I look forward to continuing to find ways to support our arts and culture community. >> Thank you. Thank you, councilmember. Councilmember harper-madison, followed by councilmember Fuentes. >> I expected council member qadri to speak longer. Otherwise I wouldn't have taken a bite of oatmeal. >> Councilmember Fuentes then we'll go to councilmember harper-madison. >> Thank you. And just wanted to echo councilmember qadri support for the funding for the red river cultural district. I'm very pleased to see that move forward and want to ensure that the city is doing what we can to support our live music venues. Certainly, it's a huge part of our city's fabric and they need more support. So happy to see that. On today's agenda, the [10:38:19 AM] that. On today's agenda, the colleagues want to also share my gratitude for your support of establishing a council district service fund. This district service fund. I believe, is a great way for our offices to show tangible improvements in the neighborhoods that we serve. I also see it as a great way for us to build on the ten one system, especially as we approach the ten year anniversary of having district representation all throughout the city by establishing this fund and taking the next step in setting out to detail what that fund looks like for our communities. I see it as an important and a powerful way to empower our community members to get involved, to have a say in how we bring about change in the communities that have elected us to represent them. I'm excited to see that work move forward, and I just also want to thank you for your support on it. >> Council member harper-madison followed by council member Ryan alter. >> Okay, so now I'm ready. I'd like to express my excitement for some of the items on the consent agenda. There are [10:39:20 AM] consent agenda. There are several agreements on our agenda as it pertains to our local chambers, including our including our lgbtq chamber, the black chamber of commerce, the Asian chamber of commerce, greater Austin Asian chamber of commerce, and the hispanic chambers. I really look forward to continuing our partnerships with these organizations that help us to collaborate in a way that is diverse, collaborative, and within the business communities. Regarding item number 23, I'm pleased to see Austin fire working towards and with Austin community college to provide dual enrollment opportunities for Austin fire employees. This agreement assists AFD with development and implementation of a training program that provides fire cadets with the opportunities to pursue higher education, which is amazing. I don't know if you know, but employment with the Austin fire department is highly sought after. There was one year [10:40:22 AM] sought after. There was one year where we had a recruitment class of over 5000 to fill 200 positions. People from all over the country to fill these roles. And so having them have opportunities towards higher education, in my mind's eye is a is an absolutely fabulous opportunity. Lastly, item number 30 regarding federal grant money from the U.S. Department of transportation going towards Ada, accessibility for our urban trails and pedestrian crossings, I hope that we can continue to improve our mobility infrastructure and making it more accessible for everyone to use. And when I say everyone, I mean everyone in the sense that I think some folks think that some parts of the city, some assets we have as a city aren't for them. And that's unfortunate. We have to make a concerted effort to let folks know that the whole city is accessible to everyone who doesn't walk into this building. They don't. They don't believe that they have a place here and don't believe that they have anything to contribute. But I would counter that argument [10:41:23 AM] would counter that argument fervently. Everybody belongs in this building. This is the people's building. This city is the people's city. And I want to see everybody access every single part of it. And to your point, council member Fuentes, I really appreciate the initiative that you're bringing forward. If I may, respectfully, the only opposition I would express and not even opposition so much as concern. I'm concerned about where the money is going to come from. And so I along those lines. I think moving forward, something I'd like to express to my colleagues is I would I want to encourage the manager moving forward to go through and probably by way of an ifc to go through ifc and resolutions that are already on the books that have been sitting there already on the books. And let's clear those out before we bring any more money. Ask. I think it's difficult for staff to be able to accommodate our request when there's already a backlog. And so I'd like to lead by example and not bring any ifc's that are [10:42:24 AM] and not bring any ifc's that are asking for money until we get to a place where I feel like we've already resolved the items that are already on the books, I think a lot of the items that are languishing were important at the time, and remain important, and when we bring items that are tapping into our already limited and finite resources, then some things get overlooked or just not done. And I'd like very much for us to feel like we're starting on good footing as we move into the new year. From a financial perspective, so that's just something you guys can look forward to for me. Thank you, Mr. Mayor. >> Thank you. Council member, council member Ryan followed by council member Alison alter. >> Thank you very much, mayor. I just wanted to discuss or thank councilmember Fuentes for the item. That councilmember was just talking about as it relates to a district service fund. I this is something that I have thought about and has come to our office. You know, how many of us have not heard someone [10:43:24 AM] of us have not heard someone say, we really need a speed bump here, a sidewalk here, and we call transportation public works. And this is no aspersion on them, but it's number 500 in line. Right. And we have that system in place. But there are instances where there are there are prioritizations that need to be made, whether we're going to hear later today a zoning case in district five that is going to have an impact on a particular street. And if we can do something as simple as put a mirror or a flashing sign up, that is low cost, but will help that neighborhood, that's something that the council member representing the area can bring forward and be able to prioritize and make sure that they're there. Is there are alternative considerations made for when we're trying to get this infrastructure put in place for our constituents who, in our opinion, as as their representative, shouldn't have [10:44:26 AM] representative, shouldn't have to wait a long time. And to address, you know, the comment about the funding element. We do have funds for sidewalks and signals and speed bumps and all these things. It is always then a question of prioritization. And that's to some degree a policy discussion. And so I think as this item moves forward, we need to take some of the funding that is allocated for the master list and recognize that there are priorities outside of that systematic framework that should be advanced because of other considerations that an area needs. And so acm good. I think as as you work on this, that is an opportunity for us to utilize funding and just have the prioritization from the community and the communities representative for these types of projects. So I just want to commend it and I look forward to seeing it come back in March. >> Thank you. Councilmember. Council member. Allison. Council member Velazquez. [10:45:26 AM] member Velazquez. >> Thank you. I want to also speak to item 36, new contracts for chambers that make up our diversity and ethnic chamber alliance. A few years ago, I had the opportunity to work with the economic development department and the leaders of the lgbtq, black, hispanic and Asian chambers to reimagine how the city supported their work to help advance economic opportunity for all. Today, we're moving forward with contracts that support this new approach, which incentivizes collaboration across the chambers and the implementation of the forthcoming regional economic equity development plan. I have the honor of serving on this advisory board, and we are about to release the plan in the next few weeks, or at least in the next month. We already have secured some funding for portions of that plan, and there'll be an opportunity both for the city and the county to contribute with that moving forward. And there are folks from all over the country who are looking to [10:46:27 AM] the country who are looking to this collaboration as a new model. So I want to compliment everyone who's been involved on what has shaped up to be a very important partnership. It's going to work in tandem. Also, you know, with many of the investments that the city is making into our community with mobility. Et cetera. Trying to make sure that everyone has access to those procurements, making sure folks have access to capital. So I'm very excited about that work. I know that they've been meeting with council offices to share that work, and I hope folks will engage with that as it moves forward and lean in to help with the implementation. I also want to take a moment to comment on item 17, which is a contract amendment to continue project management services for the collective sex crimes response model known as cs, crm. And it only took me, I think, two years to get the acronym right. But and first, I want to thank Hannah Senko for her tireless work on this important effort. [10:47:27 AM] work on this important effort. For those of you who don't know, Hannah has been leading this project bringing really, really important skills, expertise and knowledge to bear on this. Hannah also is one of the plaintiffs in the lawsuit, which led to much of the work that we are trying to address here with this project. And I'm really proud of where this project is heading. For those of you who don't know, the cs crm is comprised of a multidisciplinary team, not just from APD, but inclusive of partner agencies, survivors, and subject matter experts is striving to improve policy training, data, metrics and outreach efforts associated with sex crimes cases reported to APD. I'm really proud of the work that they've done, and I want to congratulate Hannah, and I'm really happy to see this contract move forward. Thank you. >> Thank you, councilmember Velasquez. >> Yes, sir. Mr. Mayor, I just wanted to be added as a [10:48:27 AM] wanted to be added as a co-sponsor on 34. And thank councilmember Fuentes for bringing this forward. >> Without objection, councilmember Velasquez will be shown as a co-sponsor of item number 34. There's no objection. Members. All right. Those are all the comments and discussion with regard to the consent agenda. Let me ask, is there anyone wishing to be shown abstaining from voting on an item on the consent agenda? Anyone wishing to be shown recusing themselves from voting on a specific item on the agenda, on item no votes, council member Kelly will be shown voting no on items 15, 24, 27, 29. Yeah, 44 and 45. >> Thank you and thank you for withdrawing. 2424 was withdrawn. >> I'm sorry you're right. 24 was withdrawn. So 15, 27, 29, 44 and 45. Thank you for that correction. Anyone else wishing to be shown voting no on an item on the consent agenda? Hearing none without objection, the consent agenda is adopted, with [10:49:30 AM] consent agenda is adopted, with council member Kelly showing being shown voting no on the items that I read into the record. Members that will take us to item number 16, which was pulled by councilmember villa, councilmember villa, I will recognize you for comments and a motion. Thank you mayor. This is an item. >> It's a contract for the city's website. I don't have any particular issue with it, but we have in the past tried to revamp the website and been unsuccessful. So I was hoping before we vote on it we could just get a presentation. Not today, but I would like to postpone it to the next meeting and hopefully get a presentation at the next work session. >> The motion made by councilmember villa is to withdraw item number 16 and postpone it until the next meeting so that there can be a presentation made in advance. It is second by councilmember qadri. Councilmember harper-madison, do you wish to speak on this item? >> I was attempting to second the item, but it looked to me. >> It looked like it was pretty [10:50:34 AM] >> It looked like it was pretty well seconded by the council. So yeah, so, so thank you. >> But in addition to that, I would like to speak on this. Please do. And thank you, councilmember Bella, because I cannot tell you how frequently the complaint that I receive from our constituents is that our website is not user friendly. The problem is, whoever it is that's compiling the data and collateral is doing a phenomenal job. Everything that you could possibly want from the website, in terms of the information, the content is there, but accessibility is a challenge for to our constituents. And I'll be honest, I have personally had some challenges with accessing information that I'm looking for on our own website. And so I really appreciate you taking the opportunity for us to slow down and really have a comprehensive presentation for what this might look like moving forward. I think during the course of that, wait, what I could do and maybe what we could all do is elicit commentary from our constituents by way of our socials collective. You know, what are the challenges you experience [10:51:36 AM] the challenges you experience with access in the city of Austin's website? Because the content is there. I'll repeat that it's there. And I tell people all the time it's a fantastic resource. The information is there, but you really got to dig to find it in a way that I don't think is comprehensive and easily accessible. Thank you, council member, for bringing that point. >> Council member Ellis, followed by council member Velasquez. >> Thank you mayor. I'm glad we're getting a little extra time to talk about this. I know the last time the website was revamped, it seemed to be more cosmetic. It was kind of, hey, let's change it. But all the all the links and where they directed to were exactly the same as they had been in the past. And I always tell people the website works great if you know how the city is organized, if you know what what programs are under what departments and what the key words are that you need for that program. But if you're someone just coming in trying to understand, you know, certain information when you Google it, it doesn't always show up exactly the way that you would want to. So I would love to know more about, you know, exactly what is the scope of [10:52:37 AM] exactly what is the scope of this revamp and what we can do. I love the idea of soliciting feedback from our constituents about how they want the website to be able to work, and I think each council office probably already has a list of things that that they know could maybe work a little differently. >> Thank you council. Thank you. Councilmember. >> Councilmember Velasquez yeah, I just wanted to echo the concerns of my colleague from district one and thank the council member for pulling that item. One of the things to god, already two years ago when I was on the campaign trail, was fix the website. Fix the website. There's a ton of amazing information on there, just very difficult to navigate. It doesn't seem equitable or accessible, and I'm really glad we're taking a little more time to look at this. >> Thank you. Councilmember, any further discussion? There being no further discussion without objection, item number 16 is postponed until the next council meeting. And in anticipation of us also being able to get a briefing specifically on the item and that that motion passes. Members, I made a mistake on the consent agenda and read that councilmember Kelly was voting no on items 44 [10:53:39 AM] Kelly was voting no on items 44 and 45. She was just letting me know that she was going to about what her votes were anticipated on those. Those are not were not on the consent agenda. 24 is a public hearing and 45 is a zoning item. So I apologize to her for doing that. That being the case. Now let's go to non consent items. The first item is item number 35 which is an item that comes from a council committee. The audit and finance committee. And I will recognize the chair of that committee, council member Alison alter, for a motion. >> Thank you. I'll move approval of the audit plan. >> Members. Council member Alison alter has moved approval of the audit. Draft audit plan on item 35. It is seconded by council member. Harper-madison is our. I'll turn to the clerk to see if there are people signed up to speak. >> There are no speakers. >> There are no speakers on this item. Is there any further discussion? Council member Alison alter, you're recognized for discussion. >> Thank you. I just wanted to call my colleague's attention to the q&a for this item. So one of the items we were discussing as a potential audit item was our [10:54:41 AM] a potential audit item was our capacity to secure grants. And the city manager's office is moving forward with a number of steps to improve our grant capacity. And there's some information on what they're doing in the q&a backup. So I just want to call your attention to that. That's why it's not on the audit plan, because we don't need to do an audit of it. I think we recognize that there's challenges and that we're taking the steps to move that forward. I also want to thank the auditor's staff for their great work. There will be several items that are coming back in the near future that are very important. So I want to make sure that everyone knows that. And then finally, I want to invite my colleagues to our audit and finance committee meeting on Tuesday. I'll put a post on the message board. We will be having some executive sessions as part of that related to cybersecurity, and I would invite you all to join us, particularly for those sections [10:55:42 AM] particularly for those sections in executive session. >> Thank you. Council member. Any further discussion? Hearing none. Without objection. Item number 35 is adopted. That will take us to item number 36. Another item from a council committee comes from the public safety committee. Because there was a change that I read into the changes and corrections on item number 36, I want to make the motion specifically so that we have the names members. This is the appointment of municipal court judges. And the motion would be to appoint Brian Guerra as an associate judge. And Susanna marangolo and Randy Ortega as substitute judges to the city of Austin municipal court for the term beginning January 1st, 2022, and ending December 31st, 2025. Is there a second to the motion? Motion is seconded by council member vela. Is there any. Is there anyone signed up to speak on this item? >> No, mayor. >> There is no one signed up to speak. Is there any discussion on the item? With that being the case, without objection. Item number 36. As the motion was made, is adopted members that [10:56:42 AM] made, is adopted members that will take us to items number 37, 38 and 39. Let me ask, is there anyone signed up to speak on these items? No, mayor. I will entertain a motion on items 37, 38 and 39. But with respect to items 37, 38 and 39, those are nonconsent condemnation items. So the motion will be 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 this current meeting for the public uses that are described therein. Is there a motion to adopt items 37, 38 and 39? Consistent with the motion that I just indicated, I would accept motions made by council member Ryan alter, seconded by council member vela. Is there any discussion on items 37, 38 and 39? Hearing none without objection. Items 37, 38 and 39 are adopted. That will take us to public hearings. Members, if you will recall, [10:57:44 AM] Members, if you will recall, items 40, 42 and 43 are postponed until November 21st. So we will go to item number 41. Without objection, a public hearing will be opened on item number 41. Item number 41 is open for a public hearing. And I will turn to the city clerk. >> There are no speakers for item 41 members. >> There are no speakers on item number 41. So without objection, we will close the public hearing on item number 41. There being no objection, the public hearing is closed. I'll now entertain a motion with regard to the consideration of the ordinance. Is there a motion to adopt item number 41? Motion made by council member harper-madison seconded by council member Ellis. Is there any discussion? Hearing none. Without objection. Item number 41 is adopted. Members that will take us to item number 44. Without objection, we will open the public hearing on item number 44. There being no objection, the public hearing is now open and I will turn to the city clerk. [10:58:45 AM] clerk. >> Thank you. Mayor bill Bickford, Tanya carney, Robert Villarreal. >> Mr. Mayor, council members, thank you for the opportunity to speak regarding the on premise waiver request. I first began working at the co-op in 1999. During your first stint as mayor, and today I serve as its general manager. My hope today is to convince you that our request substantively differs from others that have come before you, and that we present no threat to the students at Ann. Richards, I believe this is true for a few reasons. First, if granted, this permit would simply be an expansion of what we are already doing. Council saw fit to unanimously grant wheatsville a waiver in 2013 for off premise consumption, and we've operated under that permit for the past 11 years without ever having an issue related to the sale of alcohol. Granting this additional waiver would not change how alcohol is purchased at wheatsville. We are not opening a bar. Individual drinks would go through checkout just like any other grocery purchase, where the shopper is carded by a [10:59:46 AM] where the shopper is carded by a tab certified cashier if they want a second serving, they would go through that same process again. The only difference is that they would have the ability to open that drink in our dining area, something that they can already do at whole foods and central market. Second, the likelihood of an incident related to the sale of alcohol to Ann Richard students is infinitesimally small. We highly value the Ann Richard school as neighbors, and I believe that our presence has made that area safer for those students, not less so. This belief is seemingly shared by the numerous parents who use our store as a pickup point for their students, who are highly recognizable due to their school uniforms. This allows us to place increased emphasis on their safety and comfort, while also making it essentially impossible for them to purchase alcohol without it being immediately obvious to our staff. And while it is true that the back corner of our store is within 300ft of their property, it does not feel nearly that close from door to door. It is nearly a half mile walk. Finally, wheatsville and city council share something in [11:00:46 AM] council share something in common. We are both directly accountable to this community. As a consumer co-op, wheatsville is owned by 29,000 austinites. They elect the board that I report to and I am duty bound to serve their interests as best I can, whereas other businesses serve their customers as a means to make a profit. We seek only to be financially strong enough to best serve our community. We seek this waiver in order to better function as a community hub, a cultural gathering point where folks can connect with their neighbors in solidarity, strengthening the social fabric of our city. One of the cooperative principles we operate under is concern for community, and I believe we have consistently demonstrated over the years that we take that responsibility very seriously, contributing over $2 million to local nonprofits through our community action program, supporting a multitude of local farmers and producers, increasing food access through our double up bucks program, and most recently, serving as a polling location in this year's general election. One of city council's roles is to operate as shepherds of Austin's culture. [11:01:47 AM] shepherds of Austin's culture. As one of the original standard bearers of the movement. To keep Austin weird, and as a responsible member of the Austin business community for nearly 50 years, we ask that you grant us this waiver so that we may help to strengthen that culture for decades to come. Thank you sir, thank you. >> If your name's been called, please come forward and just identify yourself. Thank you. >> Hello. Good morning, mayor and council members. My name is Tanya carney and I'm the store director at wheatsville food co-op on south Lamar. We are all here today with the intention and responsibility to make good decisions for our Austin community. Wheatsville is the only grocery food co- op in all of Texas and a true Austin institution. It was founded by the people of Austin in 1976, and has continued to serve the community for the past 48 years. Wheatsville exists to be at the forefront of a transformed society centered on hospitality, kindness, and generosity. It is a community asset and a place where where everyone is welcome [11:02:48 AM] where where everyone is welcome to gather and share values. As a cooperative, we operate with seven core principles. Two of these principles speak to wheatsville commitment to education and concern for the community. The purpose of education aligns with wheatsville dedication to informing the public, including young people and opinion leaders, about the benefits of cooperation under the guiding principle of concern for the community, wheatsville proactively contributes to the sustainable development of Austin. We do this work every day by partnering with schools including Ann Richards and the Texas school for the blind and visually impaired. We also create, donation and volunteer opportunities for our staff and customers through connections with dozens of local nonprofit organizations. I say this all to make the point wheatsville is not just another grocery store. This is not just a request and an attempt to sell more alcohol and make it even more available in our community. Instead, this request is an important strategy to help us bring people together through gatherings and events. Allowing us to do so will help us further build our community [11:03:49 AM] us further build our community with more opportunities that happen to include responsible on premise consumption. Ann Richards school for young women leaders is an important part of the Austin community, too, and shares a set of values that closely align with wheatsville. Like Ann Richards, wheatsville embodies the value and power of education, creating opportunity and equality and food. In fact, women have always been empowered to participate democratically and economically in food co- ops since 1844. Both Ann Richards school and wheatsville co-op share a strong sense of stewardship and responsibility to our community. The co-op's commitment to serving the community clearly demonstrates how it will oversee the allowance of an on premise permit. Thank you for your time and allowing me to share the cops history and values with you today. I ask that you please vote in favor to help us continue to build our organization. That embodies community, responsibility, empowerment, and education. In closing, a vote in favor furthers this council's desire to foster more cooperative development in Austin. This was expressed in the national co-op month proclamation made last month by council member council [11:04:49 AM] month by council member council member Fuentes and the supporting cooperatively owned business report presented to the council in 2016. Thank you. >> Thank you. >> Nate Smith, Jason Ewing, Rita Daly. >> Good morning, and thank you for the time you've allowed me today to speak on behalf of wheatsville food co-op and our endeavor to obtain an on premise permit. My name is Robert Villarreal, and I'm the front end manager of the south Lamar location. And work with our store director, as well as my team of three managers who help oversee operations at our location. I am also an owner of the co-op and a father of three children, and as such, understand the importance of safety for all who come into the co- op, especially the students of Ann Richards. As a father, my children have visited me numerous times at my job and it is a source of pride for me to be able to show my joy of being a part of the co-op and its meaning to the community. [11:05:50 AM] meaning to the community. Wheatsville has seven principles which drive its model, but the one that will always speak to me is principle number seven. It's kept me at the co-op for almost 12 years, and this principle drives the way I manage my store, not just for my shoppers, but also for the students and Ann Richards. I see these students every day right before school starts, during their lunch break, and when they get out. These students are a big part of our community, and as such, I make sure my teams keep the store as safe as possible for them. We are all aware of who the students are and if we see any potential safety issues, we address them as swiftly as possible. We have students that will wait in our lounge or on our patio to get picked up after school, and we make it a priority to look out for any issues that will impact their safety. I have personally had parents call me directly to keep an eye on their kids from Ann Richards, when they might be later than normal for their pickup. My experience as a father makes me happy to know that they trust us enough to ask. My team and I take their safety to heart as they are part of our co-op community, and we are trained to know how to respond to all problematic [11:06:51 AM] respond to all problematic situations. We are tab certified and we know what to look for regarding both alcohol purchases and intoxication. As the front end manager and a father of three. Future co-op shoppers, I can promise that my team is committed to a safe environment for all of our shoppers, but especially any students from Ann Richards and allowing us to obtain an on premise permit will not in any way add any risk to our community, but will instead allow us to show you all how committed we are at the co-op to serving our community. From the owners to the co-op to their children and mine, please consider allowing us the ability to obtain an on premise permit. And thank you so much for allowing me the time to speak on behalf of the co-op, of which I am truly honored to be a part of. >> Thank you. >> Adl mayor and council members, thank you for the opportunity to speak today. My name is Nate Smith. I'm a native austinite and current employee of the wheatsville food co-op. I agree with everything my colleagues have said so far, but I'd like to take some time to specifically address concerns [11:07:52 AM] specifically address concerns that some have expressed around underage drinking. To be frank, I find the concern that passage of this waiver will increase or encourage underage drinking a little bit perplexing. First, because the proposed language in effect of the waiver has no and I do mean no effect on the purchase of alcohol at the co-op. Wheatsville has been an Austin institution since 1976, and in the following 48 years we have had zero. And I do mean zero citations, reprimands, warnings or any suggestion that would indicate that our id and verification process has been anything other than exemplary. When we open the south Lamar location in 2013, we sought a waiver just to sell alcohol, given our proximity to the Ann Richards school. And since we made that promise to the people of Austin that we would be responsible stewards of our community, we now have 11 years worth of evidence that we've held that commitment. I sympathize with the concerns around issuing these waivers, and I'm thankful for those who voiced their concerns. However, those same people have a very high burden of proof to explain in procedural terms how this waiver will encourage underage drinking, given that it in no way alters our sales procedure, our point of sale is an effective and proven bottleneck, pardon the pun. And if it isn't, then why? In the past 11 years at Lamar, have there been no complaints, concerns or [11:08:52 AM] complaints, concerns or incidents about our procedures? Put simply, if this was a problem, then you would already see some evidence of it. It seems to me obvious that nearly half a century of evidence is sufficient reason to believe that allowing on premise consumption will have no impact on our commitment to community stewardship. However, another question you should ask is how would vetoing this waiver prevent underage drinking? Underage drinking is already a crime. If someone is willing to break the law by trying to test our sales procedure, how would the proximity to our to the school change their minds to go one step further, if we are concerned about Ann Richards students in particular, why would they try to purchase or drink alcohol publicly in a store heavily trafficked by their teachers, peers and parents and parents of their peers? That's to say nothing of our trained team of floor managers who keep a close eye on the store and who can recognize Ann Richards students by their clearly marked uniforms. I'm not too proud to admit that I drank before I turned 21, and I made every effort, both in obtaining and consuming, to avoid places with high traffic and visibility like our store, especially if they involved people who I personally knew. Just because minors make incredibly irresponsible decisions doesn't mean that they're stupid. The facts here are simple. Our point of sale has proven at every available opportunity that it [11:09:53 AM] available opportunity that it prevents underage sale. This waiver will have no effect on that proven efficiency, which all available evidence indicates is not endangered. The students of Ann Richards. Furthermore, those interested in underage drinking have every reason to avoid our store like the plague. Given that purchasing or consuming alcohol in our premises exponentially increases their chances of actually getting caught. Given this in the comments of my colleagues, I strongly encourage you to vote yes on our application. Thank you for your time. >> Please come forward. If your name has been called, please feel free to come down front and then take the microphone. Just identify yourself please. >> Good morning. Hello, my name is Jason Ewing and I have been the store director at our Guadalupe location, located in district nine since November of 2021, and I have been with wheatsville total since 2012. We got our on premise license at Guadalupe back in 2016, and I wanted to speak about my experience with it since I've been managing the Guadalupe location, we've had over 24 events where we've had live music with beer and food. Most patrons when getting the meal deal would come, which comes with either a beer or nonalcoholic option, would have one beer that's provided with [11:10:55 AM] one beer that's provided with the meal. Watch the live music and be on their way. Other than the events, we have several customers who like to enjoy our patio after work, with beer and wine, with friends and family. There have been very few examples of us having to cut someone off for overconsumption. As a matter of fact, the only times that we have that I can remember in history of me managing the location were people that showed up in that state in the first place. These individuals were, of course, not served, and we also offered them an opportunity to get a Lyft or an Uber. Other than that, we are living proof that this can be done responsibly and successfully. We take responsible alcohol consumption very seriously. Our staff undergo training to ensure the compliance with all legal requirements. We have implemented strict id checks and we monitor and limit alcohol consumption. Our commitment to safety and responsibility has been key success. To help us [11:11:56 AM] been key success. To help us maintain a positive relationship with our community. Thank you. >> Thank you. >> Hello. My name is Rita Daly, and I am here today in full support of this waiver being granted. I come to you as a 34 year old, born and raised austinite who grew up going to wheatsville. I have many memories there and it truly holds a special place in my heart. Growing up here, I've seen a lot of change, a lot of local businesses like dart bowl and shady grove and hunt's hamburgers closed down, and while there are circumstances surrounding those closures, may vary, I believe one thing remains the same. These businesses were unable to keep up. They were unable to stay relevant and competitive in an economy where big names come in and take over in a city like Austin that grows and morphs the way that it does, it is my belief that if this waiver is denied, wheatsville is denied the opportunity for growth, denied the opportunity to stay competitive with businesses like [11:12:57 AM] competitive with businesses like whole foods and central market, who already possess the ability to offer on premise consumption. I actually worked at central market for ten years, and I never once witnessed an on premise alcohol consumption related incident. I did, however, witness happy families and kids playing on the playground while their parents enjoyed a glass of wine and the occasional cheers to a good day spent in great company. And let's be abundantly clear, this is not about turning wheatsville into a bar. It is simply a way to make weekend and evening events a little more appealing to our crowd. Events like trivia and live music, which I think many of us can agree, go pretty well with a glass of wine or beer. The bottom line is this if we deny wheatsville this waiver, this opportunity to remain competitive, they may be the next local business to disappear. And I believe that that would be a loss that would ripple through this community. I really hope [11:13:58 AM] this community. I really hope you'll consider granting this waiver. Thank you so much. >> Thank you. >> Dan junk, Cody Atkins, Nicole holt. >> Good morning, mayor and members of Austin city council. My name is Dan junk and I serve as the produce manager at wheatsville food co-op south Lamar location, where I have worked for six years as a third generation austinite. My grandfather, also Dan junk, opened Dan's hamburgers over 50 years ago, another local institution that's become part of our city's fabric. Growing up, I witnessed how local businesses like my grandfather's contributed to Austin's unique culture and community. I've carried this through with me to wheatsville. Since 1976, wheatsville has supported local farmers, producers and our community for more than a grocery store. We're a gathering place where relationships are built. Today we are requesting a waiver to obtain a permit for on premise consumption of alcohol [11:14:58 AM] premise consumption of alcohol at wheatsville. This will allow us to enhance the customer experience by offering local craft beers, further supporting Austin's thriving breweries. Our main competitors, central market and whole foods, already hold this license and offer on premise alcohol consumption. As a small community owned cooperative, we aim to provide similar amenities to better serve our patrons and remain competitive against these larger corporations. Granting us this permit will help level the playing field. We aim to offer a safe, responsible environment where community members can come together. Our staff is thoroughly trained. We implement strict id checks and we've never had a single tabc infraction. We're committed to continuing to comply with all regulations regarding alcohol service. Granting this waiver will enable wheatsville to continue enriching our community, much like my grandfather did with Dan's hamburgers over 50 years ago. Thank you for your time and consideration, and we look forward to serving Austin in this new capacity. Thank you, mayor. >> Mayor pro tem, Mr. Chung, I just wanted to note your [11:15:59 AM] just wanted to note your grandfather was Dan's hamburgers. >> That is so great. I didn't think I would ever meet somebody who was attached, you know, in person to Dan's hamburgers. And two thumbs up for Dan hamburgers. >> Thank you very much. >> Thank you. Part of my early days in Austin, for sure. Thank you. Thanks for being here. Thank you, thank you mayor. >> Sure. Thank. >> Thank you council. Thank you, Mr. Mayor. Watson. My name is Cody Atkins and I am on the wheatsville board of directors. Mr. Mayor, it's a pleasure to see you again. The last time we crossed paths was at the corner of sixth and congress around midnight on December 31st, 1999. Yep. It was during the a celebration you had planned for the city, and I was about ten feet back from the stage as you ring in the new year with myself and thousands of others. Yeah. That said, I've been in Austin for quite a while as a native austinite a lot has changed in my 43 years here. Some changes [11:17:00 AM] my 43 years here. Some changes are simply signs of progress, while others have meant the loss of beloved Austin businesses and institutions. However, surviving member of old Austin is wheatsville, which still, as always, represents the values that draw so many to our beloved city. For half my life, I've been connected to wheatsville in one way or another. First as a shopper, then as an owner, later as an employee, and now as a board member. Along that journey, it was the kombucha aisle where I met my wife, with whom I have two amazing kids and future coopers. My history with the co-op is long and meaningful. When people ask me what wheatsville is all about, or what it means to me personally, I describe it as a place where Austin's favorite local food and beverage brands can get their start and find a home. It's a unique space that has supported these local producers, offering them a platform to grow and refine their business without the barriers typically imposed by larger retailers. Unlike major chains that charge exorbitant fees somewhere sometimes upwards of $100,000 per product just to get on shelf, wheatsville provides an inclusive, accessible environment where these brands can thrive without [11:18:02 AM] these brands can thrive without having to pay to play. Wheatsville isn't just a grocery store, it's a corner store, a cornerstone of Austin's local economy, serving as an incubator for local farmers, artisans, and food producers. Many of these brands, which once started small, have gone on to achieve tremendous success. A notable example is Sade, which initially started under a different name called must be nutty, selling their almond flour tortillas for about $12 for a ten pack. Wheatsville was the only place in town where you could find these items, and now Katy has grown their portfolio and distribution network to a point where they recently sold to pepsico for $1.2 billion, while siete is perhaps the highest profile success, there are thousands of other brands that have also benefited from wheatsville commitment to local business brands that are now available nationally that reflect the values that Austin represents. Brands like goodpop, yellow bird and rambling sparkling water, just to name a few. I know that each day people come before you to seek something for themselves. Today we're here on behalf of our community. Granting this permit will allow us to strengthen our presence not only in a highly [11:19:02 AM] presence not only in a highly competitive market where other grocers may not prioritize small local startups, but also within the community we serve. Creating a platform where local businesses can continue to thrive and contribute to the richness of our city. Thank you for your time and consideration. >> Thank you. I'm glad you can remember that night. I'm told I had a good time. >> Good morning council members and mayor Watson. Thank you for the opportunity to speak. >> My name is Nicole holt. >> I'm the CEO of Texans for safe and drug free youth. >> I am here asking that you stand with aid and with sound public health policy, and vote no on this waiver. I have worked as a prevention professional for more than 20 years, and my particular area of expertise is data driven public health policy that prevents underage alcohol use and my organization is nationally regarded on this issue. So I come to you today asking that you follow the public health and best public health and safety policy as it [11:20:02 AM] health and safety policy as it relates to young people and underage drinking. It's a practice that puts the health and well-being of our kids before business interests. And this 300 foot waiver is a critical piece around how young people experience and obtain alcohol. It is not about the business itself. It is about it's not about wheatsville. It's about whether or not we as a community are going to have a consistently held policy that says that we will have alcohol and drug free Zones for our kids. 1 in 3 of us have experienced or are experiencing negative impacts of alcohol in our home and our family. So we look at that as it relates to Ann Richards schools. That's 300 students that are currently having some negative relationship with alcohol. These young people in particular need alcohol free spaces in their community that model people having fun and experiencing life without the influence of alcohol. These young people are particularly at risk, as are young people who are not risk averse, who will eventually become firefighters and emts. [11:21:03 AM] become firefighters and emts. They will do risky things, including what we call a hey mister, which is tap someone on the shoulder and ask them to go in and buy alcohol for them. A tab they they do not go out and do compliance checks on the regular, except for in very specific places. So the lack of violations is not necessarily indicative of the business itself, but the lack of law enforcement being able to go out and do active compliance checks. Again, this is not about the business itself, but it's about the nature of how we want our communities to be as it relates to public health policy, sound public health policy, and what the best practices is for our kids. And so with this, I say, you know, I hope that you will stand with aid, that you will stand with public health practice and increasingly give these buffer Zones that prohibit alcohol around schools. They make a difference in the lives of our kids. Alcohol is already the problem. The substance they say they use the most. It is the substance that they say is easy [11:22:06 AM] substance that they say is easy to get, and it's the substance that we as adults are most permissive around. As it relates to our young people. So when we see the world one way, our young people see it in a different way and they use that opportunity to learn. And we have an opportunity to tell them that we think it's important to have alcohol free and drug free Zones. >> Thank, thank you, thank you for being here, mayor. >> That concludes all the speakers for 44. >> Thank you, members. That concludes all the speakers on the public hearing on item number 44. Without objection, we will close the public hearing on item 44. There being no objection, the public hearing is now closed. Is there a motion to grant the waiver of the distance requirement on item number 44? Council member vela moves to grant the waiver. Is there a second? Seconded by council member harper-madison discussion on the item. >> Council member vela a very much appreciate the presentation by wheatsville much better than the trchy's presentation from. [11:23:06 AM] the trchy's presentation from. And I love wheatsville went there many, many times. Love the popcorn, tofu and just really the vibe of the store. I don't know if I've ever been to the south location actually, but yeah, I you know, I've been to central market many times with my kiddos. I just don't see kind of this hard line between a family event that has alcohol. I completely trust that wheatsville will be a responsible steward of this waiver. And most importantly, it does help them maintain their economic competitiveness, you know, host events and just continue to exist and be an asset to the community. So I really appreciate it. Also, just to the I looked at the map too on the backup. I mean, y'all are backwards catty corner to Ann Richards. I mean, you're really [11:24:07 AM] Richards. I mean, you're really kind of quite far away. So I have no problems with the waiver and happy to support it. >> Further discussion. Councilmember harper-madison. >> Thank you, Mr. Mayor. Thank you for your comments. Council member vela I wanted to speak to the last speaker at the podium point. I'm absolutely in support of the waiver. I think being able to remain competitive is critical, especially for cooperative operations. But I do want to take the opportunity to extend the concern around underage alcohol use. I mentioned earlier on in the year my interest in us as a community, investing in what they call sober high schools, where every administrator, every teacher, every staff member of the school is a person in recovery. And I think to the conversation, excuse me, that initiated that discussion, it [11:25:09 AM] initiated that discussion, it was around people who experienced chronic homelessness and substance use disorder. There's a concept that's called arrested development. So essentially what happens is you get stuck where you start using so chronologically you're 65. But if you started using when you were 11, physiologically you're 65, but your brain's not 65. You're stuck at 11, 12, 14, 16. I'd like for us as a community to really double down on investments in catching kids while they're young. You're always going to be exposed to alcohol. It's the most consumed substance in our country. And there are some problematic elements with substance use disorder, most especially as it pertains, pertains to alcohol. The easiest substance to acquire. I think we really need to make some serious investments in catching kids while they're young and not necessarily demonizing the substance, but certainly allowing kids the opportunity to learn how to interact with it responsibly and avoid some of the potential [11:26:10 AM] avoid some of the potential challenges that they face moving forward with substance use disorder. So I'd like very much to invite the last speaker at the podium to connect with my office. I'll send somebody over to come and have a conversation with you. I'd like very much to get to know your organization and the work that you all do, and seek your support in moving forward with looking for opportunities to have young people who are already like at the precipice of their experience with a lifelong substance use disorder challenge and catch kids now and the opportunities around recovery for young people are substantially higher than adults who've been using for a significant amount of years. And so that's something I'd like to bring forward as an office, as a body, and as a community. So I look forward to extending the conversation around concerns with our youth and substance use disorder. And alcoholism. Thank you. >> Thank you. Council member. There being no further discussion, all those in favor of the motion to grant the waiver, please raise your hand. [11:27:12 AM] waiver, please raise your hand. Those voting no, please raise your hand. There being six votes in favor and five votes in opposition. Those being council member Ryan alter, council member Alison alter. Council member. Fuentes. Council member Kelly and the mayor. The motion to grant the waiver is grant is adopted. Did I want . Called out [11:28:28 AM] Called out the five. Thank you all. And thank thanks everybody for being. But I want to make sure Brad Massengill Brad Massengill on items 40, 42 and 43 is Brad Massengill in the within the sound of my voice. And I don't include being on TV or online. If you're in the building. All right, then we're going to go ahead and move on from our public hearing. Those that concludes all of our public hearing items. Members. We're at that point where the next item on our agenda is for our 12:00 time certain. And that is public communication. So without objection, we will recess the meeting of the Austin city council on November 7th, 2024 until 12:00 noon, promptly at 12:00 noon. It is 1129. There being no objection, we are in recess until 12:00 noon. [11:29:29 AM] recess until 12:00 noon. Council. It is 12:01 P.M. On [12:01:21 PM] Council. It is 12:01 P.M. On November 7th, 2024. We are back in the council chambers at on 301 west second street. I had six just a minute ago. >> They're back there chatting. I know. >> We will go to our 12:00 time. Certain is 1202, which is public general public communication and I'll have the clerk call the roll. But I would ask if you're here, just come on down. If you hear your name, come on down front. You know the order that you are on the agenda. And then please just step up to the microphone, identify yourself, and we'll be happy to hear from you. >> We have one remote speaker, robin land. >> Hello, esteemed city council. [12:02:21 PM] >> Hello, esteemed city council. My name is robin land, and I'm a proud Christian zionist. I want to congratulate everyone here on the election of president trump. A true friend of Israel. Mayor Watson, thank you for always attending our events. Only. And thank you for being a big supporter of the anti- defamation league. The israeli-american council and other organizations who are working to defend Israel no matter what it takes. The adl are not afraid to report teachers and students, or to ask you to send dps on these entitled college students who think the first amendment is as important as the second amendment. The most important thing we can do is to stop focusing on the Israeli bombs and all the dead children, and focus on the beautiful idea of Israel. We should never condemn Israel, even when things get [12:03:24 PM] Israel, even when things get bad, because then our enemies will win. And then what if Israel has to become a democracy where the Arabs have equal rights? I mean, just imagine if they were able to vote. I'm so glad that our side is finally getting organized here in Austin, and we have started using an ai software to sign people up, because now we will be able to take all the spots going forward. Yes, the so- called anti-genocide crowd has been able to be organized and hog most of the general communication slots. But thank god for technology. I didn't have to lift a finger this time, and they signed me and everyone else up in five seconds flat at an inhuman speed. Nobody can compete with that. I'm a huge supporter of Israel because the bible tells me it's important. Prophecy tells us that when the rapture is coming, and only when our allies, the Jews, are gathered on the holy land, can Jesus come back. It's biblical [12:04:25 PM] Jesus come back. It's biblical replacement theory and a necessary sacrifice. So I can go to heaven. Now let's see what else I was going to say. Let me check my notes. Make sure you share your story so it looks like you belong here. And they don't. Okay. Got it. Yes. So I live in Austin. I'm a good law abiding lady. I don't worry about what's happening in other countries because honestly, those people are always dying. Why is everyone acting like just because American bombs are dropped on gaza, that it somehow makes it our fault? I am so sick and tired of being hated for my freedom and my coach bag. Their group is loud and angry and ours is always well behaved. And I think that should count for something. Martin Luther king never broke the rules. Thank you, mayor Watson. >> Hope to see you someday. >> Melanie swain, Sonia Hamstra. Malka dubrowski. >> If your name has been called, [12:05:29 PM] >> If your name has been called, please come forward. >> Mayor Watson. Members of the city council. Before I get into the focus of my comments, I'd like to say thank you to all of you for your service to our wonderful city. My name is Malka dubrowski and I live in district six. I'm here today to comment on the impact of discussion in city council chambers of the proposed cease fire resolution, and encourage you all to keep the resolution off the agenda. Austin is a fast growing and vibrant city, blessed with many residents on a daily basis. I'm not one of them. I've been here since 1984. That's 40 years. I came here to study at UT and fell in love with this place, and I've lived the entirety of my adult life here and am happy to have done so in those days. Austin was a small town, a cohesive community. When my eldest daughter, now a grown woman living in Hawaii, serving our country as a first lieutenant in the us Navy, was about 7 or 8. She sang with our synagogue's children's children's choir as they performed on the steps of the [12:06:29 PM] performed on the steps of the capitol. At the time, you, mayor Watson, were serving your first term as our mayor and attended this event. After the children performed, you shook each child's hand and introduced yourself. Hi, I'm Kirk, you said corny is a sound that made an impression on my daughter and remains a significant memory for her. I thought gestures like that was what made Austin a unique community, a culture here intent on reaching out to others and striving to come together. I welcome our growth and the new folks who have joined us. I feel this way because that culture, that sense of community, has only grown over the past decades, and those new here have been enfolded into it. This wonderful community includes 40,000 Jews living in greater Austin, double that of 20 years ago. Polling is clear that upwards of 90% of American Jews identify as zionists, meaning they believe in the right of the jewish people to self-determination in their ancestral homeland. Zionism is a jewish value. The jewish community here and across the world has been reeling from the [12:07:30 PM] world has been reeling from the hamas attacks on October 7th and the subsequent conflict. We have been overwhelmed with the ferocity with which anti-semitism has resurfaced. And for many of us have turned to the communities we have here in our hometown for strength. I think your role as stewards of our cities, as of our city, as protectors of our Austin community, is to encourage that unity, that feeling that we have each other's backs. This potential resolution will do the exact opposite. It won't affect national or global change, but it would create rancor and division here in our beloved Austin. And I thank you for your time. Thank you. >> This is Melanie Susswein or Sonja Hamstra here. >> Edward Selig Ann Bonilla, Ruth Livingston. >> Thank you, mayor Watson and [12:08:34 PM] >> Thank you, mayor Watson and city council members for the opportunity to speak today. My name is Edward Selig and I live in district ten. I'm here today to discuss the impact of the discussion in city council chambers of the proposed cease fire resolution and encourage you to keep such a resolution off the agenda. Over the past year, I've had the privilege of attending your council meetings, and I want to take a moment to express my appreciation for the complex and multifaceted work you undertake. The challenges you face are often intricate, requiring not only a deep understanding of the issues at hand, but also collaboration, creativity, and a strong commitment to our community's needs. It's been enlightening to witness the rigorous discussions and the thoughtful deliberation that go into each decision. Your ability to navigate diverse perspectives and find common ground is truly commendable. The way you balance various interests of our residents while [12:09:35 PM] interests of our residents while keeping a greater good in mind, demonstrates your dedication and leadership. I've gained a greater understanding of the complexities involved in governance and the significant impact of your decisions that has on our community at the same time, during the past year, calls for a city council to pass a resolution in support of a cease fire, have served as a distraction to the council from the important work that you do. Considering a resolution supporting a cease fire is completely outside your jurisdiction. Furthermore, the sessions held within this chamber have left us with a deeply troubling takeaway a pervasive and profound dehumanization of Israel as a country, as well as the Israeli and jewish communities here in Austin. This is not a mere oversight or misunderstanding. It's a systematic pattern that has manifested in various ways, such as inflammatory rhetoric, biased presentations, and [12:10:36 PM] biased presentations, and exclusionary policies. Our our pain is not only invalidated, but mocked with derogatory comments and jokes made at our expense. Instances of our fears being ridiculed include dismissive gestures, outright laughter when we express concerns about anti-semitic incidents or the safety of our community, our viewpoints are dismissed or erased. In closing, I want to reiterate my gratitude for the invaluable work that you do, your dedication to navigating the complexities of our community's needs is inspiring, and it's evident that you're committed to making thoughtful and informed decisions. Thank you again for the service and leadership. >> Thank you suki. >> Hello. I'm Ann bronin. I'm from district ten. Dear city [12:11:37 PM] from district ten. Dear city council and mayor Watson I'm living. I lived in Austin for the past two and a half years. My family and I moved here from New York and before that we lived in tel aviv. We have a child in Austin public school, and his younger brother will join him next year. We're grateful to call Austin our home. As a first time voter, I'm honored to stand here today. This past year has been one of the hardest for Israelis and Jews of my generation. My entire family lives in Israel, and while they are thankfully unharmed, in the October seven massacre, they endured relentless rocket attacks since then. And I worry for them constantly. Will I trust the idf to protect Israel? I am dismayed by the rise of anti- semitism worldwide on some college campuses, the Arab Israeli conflict is seized as an opportunity to spread hatred against Israel and, by extension, America, with minimal condemnation from the [12:12:39 PM] condemnation from the educational leaders. The same leaders who demand kindness and empathy, even for extremists, yet show very little for their harassed jewish students. When the far right and the far left agree that the problem is the Jews or the zionists, for that matter, my skin prickles as the memory of my ancestors hardship, persecution and trauma across the centuries is in my mind. I am Israeli born. So are my parents. But my grandparents were not. They fled to Israel a few years after its establishment, escaping persecution in Morocco and Iraq. There are almost no jewish communities left in Arab countries yet. This will not make the papers nor become a viral video on social media. I'm especially troubled by how tiktok and other social platforms amplify modern black liberals. Blunt anti- semitism and emotional manipulation against Israel and America, especially as my ten year old son peers are going to be [12:13:42 PM] son peers are going to be exposed to this propaganda in the coming years. My request to you, counsel, is this don't let these divisive voices penetrate more areas of our lives. Keep anti-Israel and anti- american propaganda out of our libraries, schools and institutions, including resolutions of this council. Free speech is right, but no one is entitled for a free speech. As we wrap up this election season, I want to thank you for your work and dedication, focusing on what matters, keeping us in a dynamic, safe and welcoming to all. If there is any silver lining of this past year, it's my deep appreciation for those who step up to serve and represent the people and the truth. Thank you for your time. Thank you. >> Ruth Livingston, Yair Govan, Jenny tolworth, Maisie pellet. >> Is your name been called? If [12:14:44 PM] >> Is your name been called? If your name has been called, raise your hand just so we'll know you're here. Okay? Feel free to come forward. Thank you. Please identify yourself for the record. >> Good afternoon. My name is Yair, and thank you for allowing me to speak here today. I come before you as one of many Israelis here in the vibrant, thriving, independent minded city of Austin. In many ways, I'm just an average Joe or an average moishe. If you will. But I come here with real knowledge on the facts on the ground in Israel and even more so, a sense of the detrimental effect that adopting or even discussing this resolution would have on this great city. In August this year, my wife and I moved to Austin with our two children to help set up a new jewish day school. Previously, we lived in Israel, where on October 7th I was called up to serve as a reservist in Garza. My wife was left home to look after our toddler and our then six week old baby. During my service, I saw firsthand the hate, the [12:15:46 PM] saw firsthand the hate, the weapons, and the lies that are now so symptomatic to the disease of hamas terrorism. Unlike many people speaking about this matter, I have firsthand, firsthand knowledge about the situation in Israel. I not only saw the relentless hate and cruelty in gaza, but also at home, my family and many other families were constantly under threat and under missile attacks and other threats of this war, which are so conveniently go unreported. Today, you are being asked to discuss and propose a ceasefire resolution in a region which is 7000 miles away with extremely complex history. You have to ask yourselves, what is the motivation behind such a simplistic, ill founded resolution? Because it is simplistic, there is no additional call for return of hostages, no call to end of violent protests, not even call for two state solutions. Those proposing this resolution are [12:16:47 PM] proposing this resolution are simply giving in to the latest fad signal support for something they have no idea about, simply because at best, it's fashionable. Or worse, it's motivated by malignant foreign interference. Now we came to Austin because it's a city of hope, of light, of Independence, of thought, and we know we are not the only family here because of this. Austin is drawing the best and the brightest to its beacon. A beacon of truth that is offering an alternative to the culture of darkness eating away at the rest of the country. So today I ask you, in the name of all those that want to keep Austin bright, to keep Austin different, and to keep Austin weird in the best possible way to reject the proposed resolution and not to discuss it in the agenda, and to offer hope to all those who still believe in the truth. Thank you very much. >> Thank you. Your name has been called. Please come forward. Just identify yourself for the [12:17:50 PM] Just identify yourself for the record. Please. >> Mayor Watson city council members. My name is Adi Ed. I moved to Austin from Israel 13 years ago to build my family's future and my business. Today we operate from a 10,000 square foot facility employing 20 people from Austin and nearby areas. Austin's vibrant culture, art and community spirit captured my heart and we found a true home here. Joining the artist community in the historic armadillo Christmas bazaar and partnering with beloved Austin chain and local stores. I'm also a part of Austin's jewish and Israeli community, a supportive, compassionate group. But on October 7th of last year, we faced unimaginable heartache and heartbreak. My cousin was murdered at the nova festival and my brother's family endured hours of terror in their kibbutz home. Through the shock and grief, we found strength in our community. Yet even in Austin, [12:18:51 PM] community. Yet even in Austin, we feel the echoes of that trauma, watching as divisive voices call on our city council to pass a one sided cease fire resolution. These resolutions do nothing to halt violence abroad. Instead, they bring hatred to our doorstep, putting Austin's jewish community at risk. Our city should be a sanctuary where diversity thrives. People are valued equally, and freedom and opportunity remain paramount. I encourage this council to focus on what makes Austin remarkable fostering community, improving quality of life and celebrating our city's unique culture. We are privileged to live in a city that promises safety, acceptance and respect for all. Now, as a business owner, I want to highlight an issue impacting [12:19:53 PM] highlight an issue impacting Austin's small businesses commercial spaces have increasingly shifted ownership by to non-local entities, often foreign investors, making it harder for small businesses to find stable, affordable locations. Mine included. I've seen businesses around me downscale or close because they can't afford a place to rent buildings often stand empty as investors keep them vacant rather than lower the rents. Many beloved businesses that survived recent hardships in the last years are now closing due to skyrocketing costs. This trend threatens what makes Austin's economy and culture unique, and I'd be glad to help explore ways to preserve the distinctive character of this town. Rooted in its local business community. Thank you for allowing me to share my thoughts. I love this city deeply and I'm grateful for the chance to contribute to its [12:20:53 PM] chance to contribute to its future. Thank you very much. >> Has anyone signed up for the 12:00 time certain general citizen communication, general communication, public communication that hasn't spoken. That's here. All right. Melanie Susswein, Sonia Hamstra, Ruth Livingston, Jenny tirz, are any of you here? All right. Members, I think that's all the people that have signed up to speak at our 12:00 public communication in a moment, we will recess until 2:00, which is the next item on the agenda. Our time certain of 12 of 2:00. However, we will once we recess, we will set up for live music and have live music. So with that, and without objection, the Austin city council is in recess until 2:00 and we will take up our 2:00 time certain it is 12:21 P.M. We are in recess. >> Spirit of Austin's music [12:32:53 PM] >> Spirit of Austin's music scene, but who is also a close friend and someone who has been on this journey with me since I was elected. He's always been there to cheer me on, and I've had the joy of sorry. I've had the joy of cheering him on from the sidelines as well. He is a district six resident. Because of these reasons, mayor Watson has allowed me the opportunity to introduce today's guest and it is quite an honor for me to introduce today my friend brant Allen. Like me, brant is a proud Westwood high school graduate. Our shared roots in this city and in that school remind me daily of why I am honored to serve on this Austin city council. Brent's journey into music began at the age of three, in a family with deep ties to music. His parents and his sister are here today with us, and he's grown into a fixture of the Austin community. He's a true native austinite a unicorn as they say. His music has been influenced by greats like Clint black, Alan Jackson, Vince gill [12:33:54 PM] black, Alan Jackson, Vince gill and Austin's own Willie Nelson. Brant fell in love with the storytelling of country music, and he began writing his own songs at just 12 years old. Brent's career has taken him from Austin to Nashville, from Texas to the uk, performing in nearly 200 shows a year. At one point, he's been a board member of the Austin songwriters group, supporting the creativity and artistry of countless musicians. And maybe later today, you'd find him somewhere like the historic broken spoke or Saxon pub, where he's a familiar face and an unwavering supporter of Austin's musical heart. Brant isn't just a musician, he's a friend who reminds me why our journeys both personal and professional, matter. My work on this council is all the richer because of people like brant, who live in this city, whose passion and loyalty to the city remind us of what makes Austin truly special and it's a privilege to introduce him today. Thank you, brant, for all that you do for Austin and for being a loyal friend, friends and austinites. I now give you brant Allen. >> Thank you everybody. Okay, so before we get this started, this [12:34:55 PM] before we get this started, this is a song that I wrote with my friend Stephen Doster, and I was just telling the guys backstage is that I had asleep at the wheel on my last album. So let's just write a swing tune. So it's going to be a talkback. Talkback songs are like when I say something, you repeat it back. There's plenty of people in here. You don't have to worry about screaming and shouting, but when I say the words just get back, you say, just get back, all right? You want to try it now? All right. Just get back. Okay? That was good. We'll have to do it louder during the song. But would it work? All right. Are you ready? A one, a two, a one, two, three. Ever since that girl left town, I've been feeling down and moping around like a clown for all the world to see. But now I can't stay feeling this way. That fool on parade. [12:35:56 PM] this way. That fool on parade. Well, that's not really me. Come on now, if I can just get back into the swing of things again, there ain't no telling what tomorrow might bring. Well, I know that someday soon my heart is gonna sing. If I can just get back, sing it into the swing of things again. Country. Well, she let me go. How was I to know when she was mine? I really had it made. But now she's long gone. I best be moving on to better sights and brighter days. Yeah, [12:36:56 PM] sights and brighter days. Yeah, yeah. If I can just get back, sing it into the swing of things again. Ain't no telling what tomorrow might bring. Well, I know that someday soon. Now my heart is gonna sing. Well, if I can just get back here it here we go. With the swing of things again. Well, if I can just get back into the swing of things again. >> There ain't no telling what tomorrow might bring. Well, I [12:37:59 PM] tomorrow might bring. Well, I know that someday soon my heart is gonna sing. If I can just get back, sing it to the swing of things again. Hear the swing of things again. Hey, yeah. Brett. >> Chris reeves and Travis Woodard over there behind me. Thank you guys so much. All right, that was that was absolutely incredible. >> Thank you so much for being here today. And brant, if you could come over here for a second, I would like to present you with a proclamation on behalf of mayor Kirk Watson and the rest of the city council for those of you that don't know, proclamations are one of the highest honors someone in the city can get, and brant certainly has met those. It's fancy. It's cool. He said that, so I'm going to read it. So it's [12:39:00 PM] so I'm going to read it. So it's in the official record. It says, be it known that whereas the city of Austin 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, Austin city council member Mckenzie Kelly, on behalf of my council colleagues and the mayor, Kirk Watson of the city of Austin and the live music capital of the world, do hereby proclaim November seventh, 2020, 2024 as brant Allen day in Austin. Let's give brant Allen a round of applause. Yeah! Yeah. Do you want to tell people where to find you? >> Nope. Only because I have a little neuropathy and I'm not nervous, but my leg shakes a [12:40:01 PM] nervous, but my leg shakes a little bit, so it'll sound like that. So I'll just say thanks again, because this is truly honorable. >> Thank you. >> Brant, I'm not going to cry, but I'm an emotional guy. >> Thank you all again. Thank you. >> Let me see that. Oh, yeah. Hold it up. Yeah. Thanks. 2024 and I will call back to [2:00:08 PM] 2024 and I will call back to order the Austin city council. We are set for 2:00 time certain zoning and neighborhood planning. And so that's what I'll call up. And I will turn to miss Hardin and miss Hardin, I would ask that you make a presentation of a report by city staff regarding each item that's being considered. Just give you a report the way you normally do. >> Okay. Okay. All right. Thank you. Mayor and council. I'm Joey Hardin with the planning department. Your zoning agenda begins with item number 45, C one for 2024 0007. This item is being offered for consent first reading only. And I do have a motion sheet to read into the record. It's a bit long so the motion should reads number one. Amend part four a of the draft ordinance to remove the following additional permitted uses. Bed and breakfast. Group one and two. Club or lodge. Public primary. Additional educational facilities. Transportation. Terminal number two amend part four of the draft ordinance to add a new [2:01:09 PM] ordinance to add a new subsection B as follows. Renumbering the remaining subsections accordingly B the following uses are prohibited. Uses of the property. Adult oriented businesses. Automotive rentals. Automotive repair services. Automotive sales. Automotive washing of any type. Basic industry drop off recycling collection facility. Exterminating services. General warehousing and distribution kennels. Outdoor entertainment. Outdoor sports and recreation. Recycling center. Resource extraction. Scrap and salvage. Vehicle storage. Number three amend part 4d1 of the draft ordinance as follows D one the maximum height of the building or structure on the property shall not exceed a 120ft for residential uses, and be 90ft for commercial uses, and C 120ft for a mix of residential and commercial uses. If 70% of the building is designed for residential use, a hotel motel use may satisfy up to 50% of the residential use requirement. Again, this item is offered for first reading and we will be [2:02:13 PM] first reading and we will be bringing this item back at your November 21st meeting for second and third reading consideration. Item 46 is the 814820060.0283. This item is offered as a staff postponement to your November 21st council meeting. Item number 47 is NPR 2023 0002.02. This item is being offered as a neighborhood postponement to your November 21st council meeting. The related rezoning is item 48 c14 2023 0153. Again, neighborhood postponement request to your November 21st council meeting. Item 49 is c14851 49.70.02. This item is being offered as an applicant. Postponement request to your November 21st council meeting. Item 50 is npa 2022 0017.01. This item has a postponement request from mayor pro tem pool to your November 21st council meeting and the related rezoning is item 51 c14 2022 0035. Again, [2:03:13 PM] is item 51 c14 2022 0035. Again, postponement request by mayor pro tem pool to your November 21st council meeting. Item 52 is c14 2024 0095. This item is being offered for consent. First reading only, and the item will return on your November 21st agenda for second and third reading consideration. Item 53 is npa 2022 0020.01. This item is being requested or has it requested postponement by council member Velasquez to your November 21st council meeting? The related rezoning is 54 c14 2022 0062. Again, postponement request by council member Velasquez to your November 21st council meeting. Item 55 c14 2024 0097. This item is being offered for consent on all three readings. Item 56 is npa 2023 0018.06. This item is being offered as a staff postponement request to your November 21st council meeting. The related [2:04:14 PM] council meeting. The related rezoning item 57 c14 2024 0010132. Again, this item has a staff post one request to your November 21st council meeting. Item 58 is c814 2023 0057. This item is being offered as a staff postponement request to your November 21st council meeting. Item 59 is c14 2024 0071. This item is being offered for consent, second and third reading. And just please note we did have this as a discussion item. It was discussed at first reading and what is moving forward for second and third reading consideration today is mf six co with the conditional overlay limiting the height to 60ft. Moving on to the addendum items. Item 61 is c14 2024 0079. This item is being offered for consent. Second reading only, and we'll be bringing this item back for third reading consideration at your November 21st council meeting. Item 62 is [2:05:15 PM] 21st council meeting. Item 62 is npa 2024 0026.01. This item is being offered as a postponement request by council member Vella to your November 21st council meeting. The related rezoning is item 63 c14 2024 0008. Again, postpone request by council member Vella to your November 21st council meeting and item 64 is c814 2023 0027. This item for consent, second and third readings and this concludes the reading of the agenda. And of course this is at your discretion. Thank you. >> Thank you ma'am. Members, let me ask you if there's anybody that has a request for more presentation on any one of those items. >> Council member alter I don't have a request for another presentation, but I wanted to confirm for 64 that it was consent on second reading only 64 second and third is no. >> 64 is oh 64. Yes, a second [2:06:16 PM] >> 64 is oh 64. Yes, a second and third readings. >> Okay. I thought that we had worked out that we were doing second reading today. I'm sorry, that's not 64. I'm sorry. That's the other. It's not I think you are speaking to 61 maybe. >> Yes I am, that is second reading only on second reading. >> Thank you. I had the I had the numbers. That's my fault. >> That's fine. Second reading only. And it will be back for third reading consideration at your November 21st council meeting. >> Thank you. I had the two numbers. >> Okay. >> Switched in my head. Thank you. >> No problem. >> All right, so members, what I'm going to do is ask for a motion on the consent agenda and a second, and then we will go to people that want to speak. Item number for the consent agenda would be item number 45. First reading consistent with the motion sheet that was read by miss Hardin, 46, 47, 48, 49, 50 and 51 be postponed to November 21st, 52 first reading only 5354. Postponement to November [2:07:16 PM] 5354. Postponement to November 21st 55. All three readings 56 5758. Postponement to November 21st 59. Second and third reading 61. Second reading. Only third reading would come back on November 21st, 62 and 63. A postponement to November 21st. 64 consent on second and third readings. With that, I'll entertain a motion is made by council member harper-madison. Is there a second second by council member Ellis? We will now go to comment, and I would ask that the clerk, as you get to a number, tell me, which number has somebody signed up to speak? Because I may want to do something. >> In addition, 45 is the first. >> All right. On number 45. Let me ask before we start, is there a representative of the applicant that wishes to say anything on this item? You'll have five minutes. [2:08:19 PM] have five minutes. >> I'm sorry. I'll make myself available to answer questions, but I don't need to take your time. >> That's the best type of presentation. All right, now let's go to some. The someone is there someone that represents the opposition that wishes to speak a Sheila Lyon? >> I believe that you. >> Yes. Good afternoon. I am Sheila Lyon, and I am here as the old west Austin neighborhood association zoning committee chair to chair our opposition to the 1209 west fifth street pda rezoning. Elena has worked successfully with several large developers over the years, agreeing to numerous zoning changes to increase both housing options and retail space that complement our historic neighborhood. We recently supported a pda rezoning with endeavor at 410 Pressler for 120ft in height and many community benefits approved by council. Soon after this, the agents for 1209 west fifth [2:09:20 PM] agents for 1209 west fifth reached out to ask for the same height and zoning change at the time they contacted us, there was no plan and no proposal for conditions of a pda. They asked for feedback. We directed them to look at the agreement with 410 Pressler as well as other pda agreements nearby. We met with them again in March, and they provided a concept sketch for a residential tower. After reviewing the plan and elevations, the zoning committee was concerned that this proposal and zoning change were squeezing way too much on a 0.45 acre lot. We suggested they provide conditions similar to the Pressler project, including a design setback and massing to avoid the canyon effect along west fifth street. Affordable housing commitments, pedestrian friendly setbacks and uses, and hours that would come that would complement the neighborhood. The city's idea behind incentivizing extra height is to gain more housing density that contributes to affordability and features that contribute to a pedestrian [2:10:20 PM] that contribute to a pedestrian oriented, walkable environment. It took from February until after the planning commission hearing in July for the applicant to shift to the db 90 requirement of 75%. Pedestrian oriented uses from their original proposal of 50%, and then took until September to commit to 70% residential use as an incentive for extra height. Before September, the owner was unable to commit to a 70% residential development, even though their pda application states it is intended for multi-family use because they didn't know, they didn't know their future plans. Based on that, the small lot size and the lack of concessions enforceable by the city alliance compromise is to support a pda with a height of 90ft, including a 70% commitment to residential use or a pda with a height of 75ft for non residential use. The owners are not agreeing to that. It would be arbitrary and possibly [2:11:21 PM] would be arbitrary and possibly illegal to grant such permissive entitlements to such a small tract. Zoning is preferential when it is not compatible with neighboring properties. In height and use, especially when the permitted uses are so broad as to be essentially undefined. The only beneficiary of this rezoning would be the owner, who would be in a position to flip this lot to an unknown developer to the detriment of the neighborhood and surrounding properties. To grant extra height. Building entitlements for this small lot, there should be required residential use with an affordable housing commitment, scale and massing design elements. Pedestrian friendly uses with design improvements at the street level. No short term rentals and other benefits to the community. Austin's airspace is too valuable an asset to be giving away without much in return, even if it limits extra height to 90ft from a 12:45 half mile from the downtown station. We were hopeful to reach an agreement with the owners, but until that happens, we would [2:12:22 PM] until that happens, we would urge you to vote against the zoning request. A pda is a planned development area agreement. There is no real plan and not much of anything offered to agree to in this rezoning case. We thank you for your time and your service to the city. Thank you and I'm available for any questions. >> Thank you very much. Please call those that are in favor. >> We don't have anyone signed up in favor. >> All right then we'll go to those that are opposed. >> Okay. >> Next is Miguel Rivera, and Miguel has time donated by Michael Barnhart right here. Perfect. So six minutes and then following Miguel is Donna Osborne. >> Hello. Thank you. I also live in the neighborhood. I'm working in the neighborhood. I'm an architect. We've been very involved with many zoning changes in the neighborhood. Also with so helping us with all these negotiations. This is pretty much common sense. They are allowed to do 60 foot. They [2:13:24 PM] are allowed to do 60 foot. They want to go to 120 without any drawings, without any commitments. We don't think they can fit the parking that they're looking for, the units they have serious setbacks. Sometimes they move it to five foot where you have balconies right at the property lines, which is not feasible to have apartments or units of that kind. You know, right at the property line, as you can see from that drawing, the building is in the middle of the block. So they're going to have neighbors to the back to the side. And so they haven't really provided, you know, drawings or documents that show that it's going to be a reasonable amount. I know that the planning commission shows that they are in favor of the zoning, but I just wanted to let you know that there was, at least in that room over there, over one, our discussions and there was no real consensus to approve the zoning and what we're looking is that if they [2:14:24 PM] we're looking is that if they are really looking for housing to commit to the housing, and if they're not, then, you know, to go to maximum, you know, 75 foot office space. We're not looking to have a tower of 120ft of office space. Also, our neighborhood is to proximity of downtown, but it's not downtown. And that's something that I mean, some of the members of the planning commission were calling really downtown. We are to the proximity is a residential neighborhood. There's plenty of spaces to get these office towers. So we welcome the developers to work with us and make the difference. But it needs to be a smart growth for the neighborhood. I think that's all I have to say. Thank you very much. >> Donna Osborne and then James [2:15:24 PM] >> Donna Osborne and then James Cousar. >> Hi. Good afternoon. I'm Donna Osborne, an architect and member of the zoning committee. I'm here to express opposition. The application that was posted for this rezoning submission states specifically the purpose of this rezoning request is to establish a pda combining district for multifamily development at a height of 120ft with reduced setbacks. The request is consistent with adjacent nearby properties. End quote. And I'd like to offer that the request is not totally consistent with nearby properties. There are no properties nearby that are over 75ft. We have worked with several developers. There's a lack of community benefits and a focus on how the building will be experienced at the ground floor and the levels above. The neighbors do understand that this is something off with the rezoning request, and we have 31 [2:16:27 PM] rezoning request, and we have 31 letters of opposition in file on the backup. We've successfully worked with other developers seeking more height. The clerk, which is just to the south or to the west. I'm sorry of this lot is a maximum of 75ft. Generous setbacks on three sides. Street side has a setback similar to the great streets plan, with the goal of creating walkability and human experience on major transit corridors. The building also has step backs, so it's not just totally up and then across the street at fifth and Walsh, directly across the street. We've supported a pda rezoning of 75ft that was approved by council in 2021. The developers will provide streetscapes with pedestrian usage of 50% on both sides. There will be 15 foot streetscape Zones on Walsh and fifth. They're providing an abundance of underground parking, local art to be sourced in the main lobby and the most [2:17:30 PM] in the main lobby and the most recent pda, which Sheila mentioned, was 120ft, but it was further down the block and they're giving so much more and a commitment to residential, which is something that we've not been able to get from this owner. We've been unable to reach a mutual agreement with reasonable commitments that awana is asking for, or community benefits. Any landowner would be willing to accept for expecting the doubling of the allowable height on this site. We urge you to deny this zoning request. The city has established that increased height is available under certain conditions when providing residential use with an affordable housing component, it should be part of this deal along with clear community benefits and design improvements. The only beneficiary of this rezoning request would be the owner. We thank you for your time and your service to the city. Thank you. >> Mayor. Council members. My [2:18:30 PM] >> Mayor. Council members. My name is James Cowser. I'm a 45 year resident of the old west Austin neighborhood. I'm not on the zoning committee, but I did serve a term on the city of Austin planning commission. I've been very involved in development issues during those four decades. In my professional life. I'm an attorney and a lot of my work in the last 40 years has involved real estate development. When I'm not doing campaign finance work. And I mentioned this because I represent a lot of commercial property owners, and I represent a lot of lenders to commercial property owners of interest to this body is my firm, and I represented the city on the development of the four block area. That includes the city hall and the highly successful Miller airport development. So I just want you to be aware of those credentials, because I'm not coming to you with uninformed opinions, and I want to mention first, 20 years ago, our neighborhood old west [2:19:30 PM] our neighborhood old west Austin, I worked with commercial and other property owners, and we came up with a neighborhood plan, which has served us well for 20 years. And I know that neighborhood plans are not broadly being honored anymore. But what's important about this neighborhood plan is it set a hard 60 foot cap on new development in the neighborhood and within a block or two blocks of this property, two highly successful developments have observed and respected that 60 foot cap. There's the Schlosser development, who took several acres of the old aisd campus, and they made a very attractive, successful development with a 60 foot cap even closer to where I live at sixth and blanco, the sixth and blanco development is built on a slope, is recently broken ground, and it's going to broadly observe a 60 foot cap and that brings me to 1205 west [2:20:32 PM] and that brings me to 1205 west 5th or 1209 west fifth. I live in the 1100 block of west sixth. That's basically two blocks up and one block over. If or if I were a better golfer, I could hit this property with a well-hit golf ball. So it does affect our neighborhood. My lot and the lot next to mine are bigger than this lot. This lot is just too small to support 120 foot tall building. It is less than half an acre. It's like 0.45 an acre. It's not downtown in this neighborhood. We should not be building 120 foot tall buildings on less than half a lot. The other problem with this project is it's speculative. They're not bringing you a plan and a design and a developer. They're asking for a great big zoning envelope and your time is up. We request that it be [2:21:35 PM] up. We request that it be denied. >> Thank you. Thank you. >> Mayor. Those are all the speakers for 45. >> All right. Thank you. Let me ask if the applicant wishes to say anything in rebuttal. >> Hello, mayor and council, this is Leo bojo. I'm Leo bojo. On behalf of the applicant. I will just run through a couple of little things. I'm not going to take up a lot of your time, but I did just want to tell the story a little bit. So we did. Of course, we have met with the neighbors many times. We realized a couple of months ago that we were not going to be able to come to an agreement on the restrictive covenant that we'd been working toward. So we have in place instead two other restrictive covenants, private, signed, ready to go, one to implement itod level affordable housing. We have that signed and ready to record. And we also have one with safe streets Austin to do the all the streetscape improvements, the walkable, the sidewalk width we're actually improving upon. We have bigger trees and closer together trees than would be otherwise required. We have a requirement for pedestrian [2:22:36 PM] requirement for pedestrian oriented use, so we did everything we could to sort of mimic what the itod program would provide. If we were within the boundary. We are just a couple of blocks from six in Lamar. This is an excellent location for transit walkability. This is a very desirable location, obviously. So I hope to have your support here. There are some other things in there. Some other questions that would be answered in the site plan stage like about where balconies go and how close they can be to other properties. We are not in site plan review right now. We are at zoning obviously, so I just wanted to kind of let you know where we are. And again, I'm available to answer any other questions. Thank you. >> Thank you very much. Next item. >> Next item is the merits of the postponement for 47. Brad Massingill also postponement of 48. Brad Massingill. Okay. Moving on, I have oh, I'm sorry. Please go ahead. >> Mr. Massingill, if you want to talk on these, please come forward. Both of those are being offered for postponement to November 21st. [2:23:37 PM] November 21st. >> Yeah, I appreciate that. I just wanted to point out, to everybody at home that these are we're talking about a db 90 and it's over at fourth and navasota. Those things aren't really announced when we're talking about things up front. And y'all know how I feel about db 90s. I think they're they're not really appropriate or. Well calibrated or belong here. So I appreciate y'all postponing this. And if it hadn't occurred to y'all, the recent national election has left us wondering where the funds for all these projects like the train and all that, if that's even going to happen now. So putting all this stuff along, transportation corridors may be a moot point. You know, this is changing our city for something that may not even happen. So appreciate your time. >> Item 52 Brad Massingill. [2:24:42 PM] >> Item 52 Brad Massingill. >> Yeah, this is a db 90, in this same neighborhood at 1103 west 24th street. So just wanted to point that out. It's another db 90 and I don't really approve of that. So thanks for postponing. >> 52 is not a postponement. The first reading only okay. >> Okay. Speaking on the merits of postponement for 53, I have Mario Cantu, gene Adams and Brad Massingill. >> On gene Adams with the south congress combined neighborhood contact team neighborhood plan contact team. Just want to say thank you very much for the postponement on items 53 and 54. [2:25:43 PM] postponement on items 53 and 54. Hopefully we'll be able to get further along with working this out for the November 21st meeting. Mario Cantu is not going to be able to make it today. And thank you very much. Thank you sir. >> I'm just here in support of Mario and gene and the contact team and hopefully the negotiations will have some some kind of progress in the next little bit. >> Thank you sir. >> I also have the same three listed for 54 if you wanted to speak on the postponement of that, Mario Cantu, gene Adams, Brad Massingill, they're waiving their right to speak on item number 54. Thank you. Okay. Speaking on the merits of postponement for 58, I have Bobby Lewinsky remote. >> Thank you. Bobby Lewinsky springs alliance. I do want to speak on the merits of [2:26:44 PM] speak on the merits of postponement. We're supportive of the postponement of this item. I want to highlight that this could be an opportunity to resolve some of the affordable housing issues on this proposed planned unit development at 200 east Riverside, which is 3.95 acres. So it's hard to imagine how this complies with comprehensive planning. But I raised that because, again, the south shore vision plan identifies the south shore area for 20% affordable housing, 20% income restricted housing. This pud has no affordability component. There's an error in the backup, which indicates that the density bonus program doesn't apply. The affordable housing density bonus program doesn't apply when there's non residential uses. That's not true. Section 2.5.2 b2 clearly delineates the requirements for affordability when there are non residential uses. And then beyond that there's a question of why would you be approving a pud that doesn't have housing in this location. That doesn't seem [2:27:45 PM] this location. That doesn't seem superior. Please resolve that before the next meeting. Thank you. >> And then also the merzbow's permit for 58, Brad Massingill and bill bunch. >> Mr. Massengale, Mr. Bunch, are you going to speak? Mr. Bunch is waiving his right to speak on item number 58. >> Mr. Massingill, this is another good one to postpone. It needs a lot more public input. I don't think people realize that this is being plopped down right in the middle of everything. This could severely alter downtown and on on the south side of the river. So get more people involved. >> For item 59, I have Jameson Joyce on remote. >> Before we do that, let me ask if how many people are signed up on this item? >> I think about ten. [2:28:45 PM] >> I think about ten. >> All right. So let me ask if the applicant wishes to make a presentation before we go to that item. >> Michael Whalen, on behalf of the applicant will pass on our opening and reserve for rebuttal. >> Thank you very much. Now, let me ask if there's anyone that is going to speak on behalf of the opponents to item number 59, that is a designated as a spokesperson for that opposition. The person on the phone, I believe, Dana. Okay. Then if you'd come forward. >> Dana lassman. >> Good. Thank you. Hello, I am Dana lassman, and I want to first thank you for your time and a very special thank you to councilman Ryan alter, who has spent a lot of time with the neighborhood and has really walked us through some of the processes, asked us a lot of [2:29:47 PM] processes, asked us a lot of questions, confirmed a lot of our questions, and also has been a wonderful liaison with the agents applicant and getting us answers. So thank you so much. I am the president of our hoa community. We are a 22 unit owned property on carriage called carriage park on Thornton I also represent a lot of the neighborhood who are here wearing red. Just to show you that we're here. We do oppose the level of this zoning and wanted to talk through a little bit about why and what we've learned and some of our concerns. So first, this is a map we on. Thornton and oltorf have a lot of traffic issues on a regular day. Regular stressors. This left hand turn from Thornton onto oltorf is really challenging because of the traffic flow. Also, turning onto Thornton is a disaster and can [2:30:48 PM] Thornton is a disaster and can be really difficult. It compounds when there's a train. The train is just about 200ft from there. When there is a train, we get backed up all the way down oltorf all the way around south Lamar, and then also along our little street, Thornton, we have heard that the applicant has committed to potentially putting a light in which we are very grateful for. And thank you again, Ryan, for facilitating that. We really appreciate that opportunity to collaborate. We've also learned, though, that because it's by a train, there might be some complications. So it's there and they've offered to put the money up. We don't know 100% if that's confirmed, but we appreciate that collaborative effort even with a light there. We have a lot of issues within the neighborhood. So here in the neighborhood with Thornton and the roads that lead to south Lamar, they're really narrow streets. They're also really [2:31:49 PM] streets. They're also really windy streets. They tend to have cars parked on both sides and especially during garbage days. There's also garbage. So you have to weave in and out and it really becomes a one lane road. There are sporadic sidewalks on Thornton, and we've limited access to get out, so I just went over some of the issues on oltorf to get onto that main road. But the other issue is that south Lamar, in order to get there, you have to go through the neighborhood. So I wanted to just blow this up a little bit so you can see what neighborhood we're talking about. All the same things I just talked about the narrow streets windy. But we do go in and out of those streets in order to get to that south Lamar and to not have to wait to turn left onto oltorf when we do that, when we're looking right now at this proposed building, it's a huge added 250 to 350 unit home or homes. Add so much extra foot traffic, but also [2:32:49 PM] extra foot traffic, but also vehicle traffic that is also going to have to go through these little neighborhood areas and Thornton road right now, if you look at the parcels on Thornton, we're looking at a current density of 10.7. With this proposed development that goes up to 81.5, if you look, what we did was we put together a little map that shows you how many people live in the homes on that area. There's not a lot on Thornton road, Thornton flats is the 104 unit. That's the biggest one on Thornton road. And if we look at who feeds into the neighborhood, we just have two pretty big developments that are in place right now, one at south Lamar and bluebonnet and the other at del Curto, 182 unit and 107. They're being built right now. They are also going to be trickling through the neighborhood to get in and out. And I'm just wondering how we're looking at this from a broader perspective. It seems like these [2:33:50 PM] perspective. It seems like these are siloed a little bit, and it's important to look at each individual project, how they're coming together. These two new builds haven't even been built yet, so the traffic is going to increase dramatically once they're built. And now we're looking at this potential 350, maybe 250. They have not been able to give us a confirmed number of units that are going to come through and stress the street and the little neighborhood even more within the neighborhood. Even now, as is. We do need some improvements. And again, thank you to councilman alter because he has talked about, regardless of what happens, getting together some traffic improvements like mirrors. Oh, I thought I had nine minutes. >> Yeah. You had five minutes. >> Oh, I was told I had nine. >> I told you that that was if there was donated time. >> But if you're the representative you get five. >> You have donut. >> Oh I do yeah. >> But we said if I got the nine [2:34:51 PM] >> But we said if I got the nine I have two, two people donate it to me. Can I continue or why don't. >> We got to do this better than this. >> I was told that if we were just doing something flat, I'd only have five minutes, but if not, I'd get the nine. And I do have two people who donated on the form. >> Well, then, what I'm going to do. Who are the people that she has people signed up to donate? >> There were two people that donated. Yes. >> Then let's give her nine minutes. And unless there's objection from the council, normally the way this would go, she would get five minutes and that would be it. But what I'll do is recognize her for her three minutes and get her to the donated time so she can do it. That way. Unless council objects in some way all right. So we're going to do this differently than what we would typically do it. >> Thank you very much. So we need some improvements of mirrors and flashing lights. This particular area can eat. Oaks is very narrow. When you go [2:35:52 PM] Oaks is very narrow. When you go down you can't see the cars coming or going. Here's a picture of us on a walk and here's a video of a car. Oh, you can't I can't do the video. But basically you can't see the cars coming or going. And there was a traffic analysis that was done for this project. And it did show that with an increase, we would be having an increase of 57.51% traffic increase. This was with the d90. We did not get another traffic analysis. So just looking at an extra 350 unit building, this is what we would be looking at. It's at 100% of all trips will access Thornton road and it specifically said that according to section 256116 of the land development code, streets that have a pavement width of 30ft, which is Thornton, are defined to be operating at a desirable traffic level. If the average daily traffic volume for such roadway does not exceed 1200 vehicles a day, Thornton road is currently operating at an [2:36:53 PM] currently operating at an undesirable level of the street and with the proposed values will continue so we're already at an undesirable level. We know that we have a lot of issues like the safety issue. We just talked about any new development is going to increase this. So knowing we already have an undesirable rate, it's really hard to understand why we want to build so much on this little street. And as a community, we just haven't heard any answers that make sense. This is what the street looks like. This is current day. Cars are parked on both sides. The proposed development is right there on the left. It's a one lane street, basically, this isn't new concerns. This is the same concerns that have been happening that people have brought in front of you about Thornton road and the narrow streets and the limited connectivity. And here in 2016 is the exact same pictures, although mine was 2014. This is 2016. Just the same issues they talked about. The same issues with the little neighborhood and access. Again, here's what our parcels to people look like [2:37:55 PM] parcels to people look like putting in this additional humongous building is going to stress an already undesirable street. This right here is the bluebonnet in south Lamar building. This is only 182. We're looking at 250 to 350. You see that little car over there, that little house, just to see the perspective of how large this is. And this will all trickle down through the community. So again, just a reminder that all of these new builds are going to come through the community. That's how people travel. The streets are are very narrow and windy. This applicant agent is an expert at zoning and he has tried this before and he knows zoning inside out and backwards. I do medicare, I know medicare inside out and backwards. I do not know zoning. But we have learned and we do feel that this is just too large of a zoning request for this little level one street. We are very open to dialog, to [2:38:56 PM] very open to dialog, to continuing communication, to conversations. Ryan, with you, with the applicant's agent. We just feel like we already are on an undesirable level. This is facts that were found. Why are we going to compound that? We definitely are open and look forward to the discussions of getting those, you know, mirrors and lights in the places that are currently pretty, pretty dangerous. And we are open to working with everyone at large. You know, community is important. We do ask that you postpone this or vote no. So we can continue to potentially get a zoning that's a little bit more appropriate. Like I said, we are open to m2 to m4, mf2 to m4. We really appreciate your time. I thank you for allowing me to continue to speak. And yeah, thank you very much. Jameson Joyce. >> Hello. I'm on the line. [2:39:58 PM] >> Hello. I'm on the line. >> You are? >> Yeah. Can I go ahead? My name is James Joyce. >> Please. >> All right. Thank you. My name is Jameson Joyce. I think I'll pick up where the last speaker left off and openly acknowledge that I do not have a great deal of knowledge on zoning or on many of the topics here. I just want to speak up in opposition of this proposition, I bought a unit at bridgeway villas, which is just south of the road on Thornton, from the proposed development. I am a attorney for the state, and this is not the type of law I work in, but I note both my ignorance of this topic as well as the fact that I bought a little while ago. Just so you know, where I'm coming from. Given the way property has changed in the city from just a [2:40:58 PM] changed in the city from just a few years ago, I say this to note that I'm not going anywhere. So any decision on this is on this large development is something that I'm going to have to live with, a term that I think many here might be aware of is the term nimby. Not in my backyard. I am not a nimby. I support city growth and I support density. But I am concerned about what I have heard about this development in this location. And my main concern is that of traffic and of parking. Again, I don't want to sound like a broken record from what you've heard so far, but Thornton road is indeed essentially a one way road much of the time, because of the parking on both sides of the road, I can attest to the fact that on many days it becomes a game of chicken where both cars on both sides of the road have to pause to allow each other to come through to pass, and so I'm really concerned about what the safety will be for drivers and of pedestrians [2:42:00 PM] for drivers and of pedestrians alike, because it's a very common pedestrian walkway. And of course, there's only a sidewalk on one side of the road much of the time. So I don't think it's feasible to expand the road. An additional sidewalk, I'm sure, would be helpful for pedestrians, but that doesn't really help with the road traffic a whole lot. So and you know, as you as I've heard about the traffic light, I think that's good in theory. But again, given the backups from the train and the amount of traffic on oltorf, I'm not sure that would necessarily solve the issue either. So I say all this from the perspective of, I don't know a great deal about about zoning and construction, but I am just highlighting the fact that I see some problems with this proposition where if hundreds of residents are added, I just don't see how it's going to work. And so with that being said, I just wanted to highlight this fact and really hoping that our our main thoroughfare of [2:43:01 PM] our our main thoroughfare of getting to oltorf, one of basically two main ways we get in and out of the subdivision, I'm really hoping that that doesn't get cut off. But if this. Thank you. >> You're you're I'm worried your time has expired. Thank you very much. >> Next up we have Jim porter. Kim vité, Laura Johnson. >> Good afternoon. >> My name is Kim vitré. >> Thank you for the opportunity to speak. I own a residence on Thornton road about two blocks north of the proposed proposed rezoning site. First, I'd like to also thank our council person, Ryan alter, for his engagement with our neighborhood and for the work he has done on our behalf in getting the zoning request changed from the original db9 to the mf six co. [2:44:01 PM] original db9 to the mf six co. That's current and also a thanks to the applicant for agreeing to fund a traffic signal if it turns out to be warranted at the intersection of Thornton road and oltorf. We appreciate those efforts. That being said, the current mf six co zoning request is still too large and too dense for Thornton road. We are not against any development. We understand the need for additional and affordable housing in Austin. We simply ask for reasonable and appropriate development. Given that Thornton road is a level one street, I will reiterate the one statistic for you. The current land development code indicates that a level one street should not exceed 1200 vehicle trips per day. Thornton road is currently at 2445 vehicle trips. A day. It's already double its capacity this development, even at the reduced mf six zoning, will add another thousand vehicle trips per day, which will triple the road's capacity. So I ask just whether you would want yourself [2:45:02 PM] whether you would want yourself or your children or your parents to live or drive or walk on such a small road, operating at triple its vehicle capacity? I beg the council to deny, or at least postpone the case so that we can all continue to work toward development that is, again, reasonable and appropriate for the street and for the neighborhood. Thank you. >> Thank you. >> David Ansel and David has time donated by Mahle Patel and Brad Massengill. Are they both here? >> Okay. Thank you. So total of nine minutes. >> Thank you all. I don't think I've ever spoken for nine minutes straight in my life, but here it goes again, reiterating really deep. Thanks to [2:46:03 PM] really deep. Thanks to councilman alter. This has been a great experience for us to have so much support. They definitely have bent over backwards to bring us to a better level of understanding of all the issues. As you know, we're not pleased with the ultimate result. You know, the current result of the negotiation and believe that the starting negotiation position was started at an unreasonable position in order to get us to this unreasonable middle that we're currently operating at. I don't have the map, but you've seen previously. Right next door is a property built by the same original landowner called Thornton flats. It's at mf2. It has 100 some units. It has some affordable element to it. It's been a great addition to our neighborhood and as far as I understand, the developers made [2:47:04 PM] understand, the developers made plenty of money. It was a successful development project and that is sort of, you know, it was already out of scale with our neighborhood. But what is being proposed for this neighboring property is would make that look like peanuts. Basically. At mf2, this is also a similar size property. So we're looking at over three times the density on the same size property. Even at mf2, we believe that this current property would bring a lot of additional housing stock and some additional affordable stock into this central, desirable part of the city. And, you know, sort of the quizzical nature that we're all feeling about why I just kind of want to reiterate, like this sense of [2:48:06 PM] reiterate, like this sense of confusion that we're all having as to why we're wanting to award like a far off vc firm that has received this property. At the expense of the neighbors. It seems like they've never demonstrated any kind of quantitative support of what level of zoning is required to make this a viable project. And so we're kind of like playing cards. We have an open hand, and we don't feel like we're playing with someone who has an open hand. We don't know what they need to make this viable. So they're asking for the moon. And it seems unfair to be kind of playing that kind of card game. I don't I haven't really [2:49:07 PM] I don't I haven't really discussed this with everyone, but I think the sense is that we're honestly willing to take our chances with the current zoning, because even though that's considered more maximal, if you look at the straight numbers of the zoning, that is what we have along our street. We have a lot of different mixed use sort of warehouse creative office type stuff going on in the street and that has yielded like a kind of reasonable use for our neighborhood, reasonable traffic and we're kind of, you know, if, yeah, we're willing to stick with that as well. So that's all I have to say. Thank you very much for your attention. >> Thank you. >> Al Bianchi or Bianchi? And Al has time donated by Beth Gilroy. Beth, are you here? Okay, so six minutes for Al. >> Hello. My name is Al Bianchi. [2:50:16 PM] >> Hello. My name is Al Bianchi. I want to thank you for the time. Much has been said that I with my presentation in the video presentation. And. But I do want to add some things. I'm a 31 year contractor in the city. I moved here in 1986, fell in love with Austin. I've seen a lot of development over the years. I've seen a lot of care and compassion, especially in the earlier days where people were really taking a serious concern about neighborhoods. I'll tell you, reading just a review sheet, I'm not understanding why we're even at this point because of the what the case law. I mean, all the rezoning or the property has been brought up multiple times on zoning issues. And here we are trying to put this gigantic monster in the middle of a neighborhood that [2:51:19 PM] middle of a neighborhood that has level one street. It doesn't make sense. I'm not understanding as a builder and all the times I've dealt with the building inspection department, I'm just not understanding why we're even here. Why wasn't this like, nipped in the bud before I went out yesterday and I took measurements of the street with my wheel. I went from the curb to the railroad tracks, where 160 some odd feet to the tracks. I've been a 21 year resident of the Thornton road business park artist, and my contracting business. I have seen multiple zoning change notices coming in the mail, and I feel what's going on with that neighborhood is now it's an imbalance. The entire neighborhood was zoned, excuse me. Zoned. How many years ago? And then they're adding larger properties for the rezoning. And now the street in the neighborhood just can't handle it. You know, if you [2:52:20 PM] handle it. You know, if you study the history of Austin and how it was originally laid out in the 1800s, it was designed to not be a big city. Here we are expanding, growing all the new codes and stuff. If you look at an aerial shot of the city, you'll see all the grids laid out all the way up to Hyde park east downtown. All that Thornton road is not a grid. Yeah, there's three exits, but the primary exit is Thornton road onto oltorf. It's a 30 foot street. The rest is going through bridgeway, then out to Waterloo and cinnamon path, which is kind of takes you out of the way back to del Curto, adding all these cars and tenants onto this street is crazy. And in widening and widening the road, where are you going to widen it to? Are you going to widen it at Thornton road and oltorf and then bottleneck it in? People are already weaving in and out of that street yesterday when I went and I talked to the owner [2:53:21 PM] went and I talked to the owner at 2103, I think it is the first two homes he's witnessing accidents all the time right there at oltorf and Thornton. He's seen animals get killed there. People are racing up and down the street, and at times when I've come out of there, I've been backed up 12 vehicles trying to get out of the intersection. Now you're going to add all these cars. So yeah, I'm against this property being developed, but I'm taking it a step further and that's just my position. And that is I feel the city needs to postpone this project. I know the applicant is going to be upset, but I think the city needs to take the responsibility. Go back to the drawing board. Look at that neighborhood and rezone the base zoning because I think you'll find with all the people there, I mean, we're already at, what, 104% increase of traffic based on the street. You add this, we're going to be like 227% increase. It can't handle it. And you can't ask these people [2:54:23 PM] And you can't ask these people to go through bridgeway. I mean I call it the movie set. It almost looks like something out of desperate housewives. You know, you can't even get through there. I mean, it's windy, and then you come out on Kinney and it's people pushing strollers and dogs and stuff. You can't push that through the city. This is. It's like there's a lack of common sense going on here. I'm a builder. I'm actually disappointed that even the developer is even saying, oh, let's put this thing here because I know it's muddy, I get it, but it's just ridiculous that this is going on. I'm just I'm actually shocked. And then I was doing all this research and I realized all I needed was the zoning sheet that the city drafted. And it's like the trees are right there in the forest, but it's like it's being overlooked. For what purpose? It doesn't make sense. So with that, I thank you. I really ask that you postpone this. Let's look at it harder. Heck, I'll even donate my time to help the city pull out the data. I love [2:55:24 PM] city pull out the data. I love research, I can do it but postpone this project and let's do it the right way. Thank you for your time. >> Thank you mayor. >> That concludes all speakers for 59. >> All right, Mr. Whalen, you're entitled to three minutes for rebuttal. >> Thank you. Mayor. Council members Michael Whalen, on behalf of the applicant, a few points. Obviously, the location, as you've heard, the back side of the property has a railroad running on the back side. The railroad tracks back side of it for 75 years. This property has been a commercial site with CSS zoning and 60ft allowed allowable height. Fact. The staff recommendation was csv. Cmu, the planning commission, recommended db 90 and as you've already heard, a compromise was facilitated through council member Ryan alter. So by right, we have 60ft today and 95% impervious cover. The compromise will reduce will keep the 60ft, but reduce the intensity down to 80% impervious cover and 70% [2:56:25 PM] 80% impervious cover and 70% building coverage. That's a 20% reduction in terms of the building coverage. The current zoning has a variety of commercial uses, including car repair. And the one thing though that is not allowed and that we need in the city, is residential. That's not allowed in CSS. This site is a ten minute walk from four bus stops. There is a sidewalk, a complete sidewalk from this site all the way to those four bus stops. Two of them are metro rapids. There's a night owl bus, one of only five night owl busses and a high frequency bus route number 300. As I said, the PC recommendation was db 90. Concerns were raised at that time by the neighborhood, and a compromise was forged, retaining the current height, but reducing the impervious cover in the building height. We have. And I'll state it publicly. We have and we are going to we've talked to transportation and we have agreed to a commitment of $500,000, which is $100,000 more than they anticipated a light would cost, so that there would be contingency built into that. [2:57:28 PM] be contingency built into that. And that will be represented in a restrictive covenant that we're imposing on the property and that will run with the property regardless of who owns the property. Ultimately, we know this is a close in site. That's why multifamily is desired here and why there's a demand for that. So with that, if there's questions, obviously we're here to answer them. Thank you. >> Thank you. >> The next item I have a speaker on is item 64. Bill bunch. >> Good afternoon, bill bunch executive director, save our springs alliance. Since y'all [2:58:30 PM] springs alliance. Since y'all aren't really interested in even letting people know what you're talking about or considering, this is second and third reading on 311 south congress, where the Firestone shop is just south of lady bird lake, and you're proposing to approve a pud on 0.8 acres, which is less than an order of magnitude smaller than the ten acre pud minimum. You're calling it superior. When you're more than doubling the height that is under the current area plan, which happens to still be the south central waterfront vision plan of 2016, 480ft, 95% impervious cover. So basically, the entire thing being paved, essentially no parkland at all. And zero, you're reducing it [2:59:35 PM] And zero, you're reducing it right in your report, reducing it zero setback from congress avenue. So you're going to have this giant skyscraper on 0.8 acres, very similar to what you're hearing earlier, like going up 120ft on, you know, 0.4 acres. This is going to be a really ugly sore thumb on the south shore if you approve this. I don't know how anybody can think of it as superior in any way. There's definitely some design friendly things of solar panels on the roof and that sort of thing. But the basic scaling pavement is urban heat island mess. There's nothing green about it. You're not doing anything to protect lady bird lake or this part of downtown in the heart of our city. And I [3:00:36 PM] the heart of our city. And I urge you to vote no on it. And actually comply with your own pet ordinance for a change and not use that misnomer, because there's putt is planned unit development. There's nothing planned about this. This is yet another special deal. One off to build downtown on the south shore. And y'all haven't decided that yet. But in any sort of planned way, you keep punting on that till next year. But meanwhile, you're just doing it piecemeal. That's not planning. Thank you mayor. >> That's all the registered speakers for zoning. >> Thank you very much, members. Those are all the speakers that have signed up on the zoning items. What I would suggest we do is we get a motion to take these items up as a consent [3:01:39 PM] these items up as a consent agenda. And a second and then I will ask for discussion on the items. Is there a motion motion made by council member villa? Seconded by council member qadri to approve the consent agenda as it was previously read? Now let me see. Council member qadri you had indicated you wanted to speak to. >> Thank you mayor. I just wanted to quickly speak on item 45. I wanted to thank all the speakers for coming out. Sorry for coming out and advocating for a community that they they truly love. And I also wanted to thank the applicant for working with the community and incorporating as many of their requests as possible. I know a lot of work has been put into the case. I believe we've landed in a place that satisfies the main concerns regarding affordability and the pedestrian environment. I align with staff's recommendation. Given this project is on a transit corridor with a high frequency bus route, which warrants the height proposed, along with a street environment mimicking [3:02:39 PM] street environment mimicking what we've what we'd get under db Escott, we have to get a balance. We have to balance community benefits against what pencils out to keep generating new development. So I, you know, I believe this aligns with our city values of affordability and mobility in an area we'd want to see this type of growth. And I believe we've struck a good balance. And just for those watching, just want to remind everyone it's this is first reading for item 45. >> Thank you. Council member, council member Ryan alter. >> Thank you very much. First and foremost, I just want to thank the neighbors for coming out again. And this one, this has been one of the tougher zoning cases that I have dealt with in district five. You really trying to balance the what they can already do that. You know, we heard from the applicant a could be a very intensive commercial site. And recognizing the economics of somebody being motivated to do that in this neighborhood versus trying to get residential, [3:03:39 PM] trying to get residential, considering even, you know, the program that councilmember Allison alter put forward before I was here, the residential commercial, which would have allowed this exact type of project where you already have the commercial zoning to go up to this height, because we do want to promote more housing that more people can afford throughout the city, in an area that is well connected, whether it's bus, bike and those improvements are going to be made. But it is, you know, I totally hear the neighbors concerns. I drove the road, I I've walked the road. There are there are things that need to be done. And harkening back to the discussion we had this morning about the need for council members to be able to prioritize very specific improvements to an area. This is a great example, whether it's just the mirror, the flashing lights, the speed bumps. You know, I think we got to figure out if we need to ban parking on one side of the road [3:04:40 PM] parking on one side of the road or how we can better get flows through. But ultimately trying to strike a balance and a compromise. And in this case, I know y'all wish it was different. And I know the applicant wishes it was different. And so when everyone is unhappy, it it does say we did a little bit. Right? I know no one feels great at the end of the day, but I think this is the right balance for this area and is going to be able to allow for hopefully more families to come and live in what is a great neighborhood. And so if all the interactions with future neighborhoods were as great as I have been able to have with y'all, it would be a real privilege. It's not always as cordial and enjoyable. So I just want to thank you all throughout this process. It really has been enjoyable, even though we haven't always arrived at the same spot. So I will be supporting the motion today, but just want to highlight those points. [3:05:41 PM] points. >> Thank you. Council member members, the motion's been made and seconded. Let me ask if there's anyone who wishes to abstain. I have council member Kelly abstaining on items 52 and 59. Is there anyone else wishing to be shown abstaining on an item? Yes. >> Councilmember Allison alter, I would like to abstain on 64 and I would like to vote no on 45 and 59. >> Council member Alison alter will be shown abstaining on items number six. On item number 64. And I've also recorded. I'll come back to it when we get to the no votes, but on 45 and 59, is that correct? Is there anyone else wishing to abstain from an item? Anyone else wish anyone wishing to recuse themselves from voting on an item? Anyone wishing to be shown voting no. I have council member Kelly being shown voting no on 45. Council member Alison alter voting no on 45 and 59, and I will be voting no on item number 45. Is there anyone else wishing to be shown [3:06:43 PM] anyone else wishing to be shown voting no on an item? That is, the consent agenda? Is adopted, with council member Kelly being shown voting no on item 45 and abstaining on items 52 and 59. Council member Allison alter being shown voting no on 45 and 59, and abstaining on item 64, and the mayor being shown voting no. On item number 45. Members. That completes all of the business for the Austin city council at this regular scheduled meeting of the Austin city council. So without objection, the city council will be adjourned at 3:07 P.M. We are adjourned. Thanks, everybody.