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ATX Votes on Mopac, I-35, Housing & More

Thursday, December 12, 2024 Austin City Council Regular Meeting
  • City leaders strongly opposed a major Mopac South highway expansion, citing environmental damage, increased traffic, and health concerns.
  • Funding for the I-35 Cap & Stitch project was approved amidst debate over its multi-million dollar cost and potential environmental impact on the Colorado River.
  • The Council adopted its state legislative agenda, advocating for worker and tenant protections against extreme heat and greater transparency in state mandates.
  • Discussions on homelessness initiatives included concerns about the Navigation Center's neighborhood impact and calls for transparency in ARPA funding for shelters.
  • An ordinance requiring suicide awareness signage at local gun ranges and archery facilities was approved.

Full Transcript

City Council Regular Meeting Transcript – 12/12/2024 Title: ATXN-1 (24hr) Channel: 1 - ATXN-1 Recorded On: 12/12/2024 6:00:00AM Original Air Date: 12/12/2024 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. [10:03:03 AM] >> All right. Good morning everybody. I will call to order the Austin city council for a regularly scheduled meeting. It is December 12th, 2024 at ten 10:03 A.M. We are meeting in the city council chambers, located at 301 west second street in Austin, Texas, which is where our city hall is located. We have a quorum of the Austin city council present, so we'll get after it. This is the last meeting of the year, and we appreciate everybody that's here and people that will come here during the course of the day. Members, the and members of the public, the order that will go in today overall will be that I'll in a few seconds here I'll read changes and corrections in the record. We will then go to our consent speakers on the consent agenda. Members. The items that I know have been pulled from the consent agenda are. Items two, 38 and 57. Items two, 38 and 57. The Austin [10:04:04 AM] two, 38 and 57. The Austin housing finance corporation has an agenda for today. So at as close to 1030, it's a 1030 time certain. So it's close to 1030 as we can depending upon how the consent agenda goes. We will recess the Austin city council meeting, and I will call to order the board of directors of the Austin housing finance corporation. When that is completed, we'll adjourn that meeting and come back to the city council meeting. After we've completed consent and ask, we will go to the pulled items. Then we will go to items 86, 75 and 87. Those items are the items related to the tpid. After that, we will go to items from council committees 68, 69, 70, 71. We will go to our eminent domain item item 72 and then we will go to the public hearings. However, that may run afoul of our 12:00 time certain which is public communications. We will [10:05:04 AM] public communications. We will do that at around 12:00. We will recess after public communication, regardless of where we are in the agenda, to have live music that will occur. And we will probably come back about 110. And then of course, we have at 2:00 our zoning time, certain we will get to that as close to 2:00 as we can. That is the order of business for the day. I will now, yes. Council member Ellis, I had a quick question for clarification, I think. >> Did you say 38 or 39? Is that the federal agenda item? >> Two, 38 and 57 had been pulled and is 38 one that I that you have pulled pulled 39 but put it back on is what I was told. >> Just wanted to make sure that was my intent. Good. >> Very good. Thank you. So that pulled items. Thank you for clarification. Item 238 and 57 are the pulled items. Now. Changes and corrections. For the record on item 14, delete 139 139 million is available in the [10:06:04 AM] 139 million is available in the capital budget of the financial services department. 106 million is available in the capital budget of Austin resource recovery. Delete that and replace it with $245 million. Is available in the capital budget of the financial services department. Item number 18 should be withdrawn and replaced by item 130. Item 30, number 30 is withdrawn. Item number 34 is withdrawn and replaced by item number one. 31. Items 49 and 50 are withdrawn and will be reposted by staff in spring 2025. Item number 63 remove sponsorship of mayor pro tem Leslie pool. Items number 77 and 83. When the public hearings are taking taken up, these items will be postponed to January 30th, 2025. Item number 98 is withdrawn and replaced by item [10:07:06 AM] withdrawn and replaced by item number 140. Item number 99 is withdrawn and replaced by item number 141 on the Austin housing finance corporation agenda. Item number two is withdrawn. Item number eight is postponed to January 30th, 2025. I'm going to pause before I go to board and commissions actions, because I want to highlight something for members of the public that may have been anticipating participating in the public hearings. Items. I will say it again. Items number 77 and 83, and I know we had people signed up at least on number 83. When those public hearings are taken up, these items will be postponed until January 30th, 2025. So if you are signed up to speak on those items, if you're here to speak and you're waiting [10:08:06 AM] here to speak and you're waiting to do that, or you're watching with bated breath your opportunity to speak on those two items, they're going to be postponed. So you may make a different decision. And that's why I wanted to highlight that. Members boards and commission actions. Item number two, December 2nd, 2020 should read and have as part of it December 2nd, 2024. Recommended by the electric utility commission on a911 vote, with vice chair white voting against and commissioner read abstaining. Item three 19, 20 and 22 should read December 4th, 2024. Recommended by the water and wastewater commission on a 9 to 0 vote, with commissioner pin absent and one vacancy item 24 does, and this is board and commission actions. Item number 24th December. Should read December 4th, 2024, [10:09:06 AM] Should read December 4th, 2024, recommended by the water and wastewater commission on a seven to 1 to 1 vote, with commissioner Moriarty voting no. Commissioner pandurangi recusing commissioner pin absent and one vacancy. Again, the pulled items from the consent agenda are items two, 38 and 57. With that, we will now go to the consent speakers. But before I do that, members, we have two items on the. We have two items on the agenda that are related to potential settlements. Those are items 42 and 132. And so I would ask legal counsel to please come forward and make a presentation with regard to those items before we go to the consent speakers. >> Mr. [10:10:12 AM] >> Mr. >> Please. >> Good morning, Mr. Mayor. Mayor pro tem council members, I'm assistant city attorney Jeremy Thompson. I'm here today to recommend that you approve settlement payments and two personal injury suits that appear on your agenda as items. 42 and 32. Regarding item 42, Gibson versus the city of Austin, we recommend that you approve a payment of $190,000 to settle. This lawsuit relates to an April 2023 car accident involving a parks and recreation department truck, where miss Gibson seeks payment for her injuries. In exchange for this payment, plaintiff will release any and all claims against the city from the accident and will also dismiss her lawsuit filed in the district court for Travis county. The law department recommends that you approve payment based upon these terms. Regarding item number 132, we recommend that you approve a payment of $110,000 to settle the Galloway et Al. Versus city [10:11:12 AM] the Galloway et Al. Versus city of Austin lawsuit. This suit is related to an October 2022 car accident, where plaintiffs Isaiah and Clarissa Galloway sought payment for injuries that they sustained as part of the accident involving a transportation, transportation, and public works vehicle. In exchange for the global payment, the city will obtain a full and final agreement from the plaintiffs that they release the city and the employees from any claims that were or could have been asserted. In this lawsuit. The law department recommends that you approve payment based upon these terms. >> Great. Thank you members. Does anyone have any questions of the law department on items number 42 and 132, which are on our consent agenda? I don't see any. So thank you very much. Thank you, councilmember Kelly, to your question. Now, item number 74 is a public hearing. And so if there are and it is not a postponed public hearing, it's one of the items that we will take up as a public hearing today. So if there are people here to speak on that, we'll get [10:12:14 AM] here to speak on that, we'll get when we get to that, we will call them up. Thank you for the clarification. Sure thing. All right. With that, we will now go to the people that are signed up to speak on the consent agenda, and I will turn to our city clerk to walk us through that. >> Thank you. Mayor. We'll start with item three. Antonio Romero, followed by William bunch, followed by Michael Cargill. And Santiago tarzan. >> If your name has been called, the way we try to do this is when your name is called on an item that you're going to be speaking on. If you'll please come down front. That way, we'll visually know that you're here. And if there's an empty microphone, please feel free to take the microphone or any of the people that were just called here to speak on item number three. All right. Mr. Bunch is signed up to speak with, waives his right to speak. [10:13:15 AM] his right to speak. >> Next speaker we have is Craig Nasir. Signed up on item 14, followed by kaiba white, William bunch once again, and Victor read item number 14. >> If your name has been called, please come forward. >> Hello, Austin city council, my name is Craig Nasir and I'm currently a member of the zero waste advisory commission. And I'm just here to say because we need it sometimes this item 14 is a great item. I hope it passes, and I just want everyone to know that this will do a significant amount to reduce our carbon footprint, because this item, you can't really tell by reading it very well, but this will allow electrification of the fleet and particularly getting huge $700,000 trash carriers that are entirely electric. We need a more central recharging place, so this is a great item. I also want to just mention I did not because the [10:14:17 AM] mention I did not because the devil's in the details. I did not read one item 133 until earlier today. Item 133 is basically a really good item. It has one thing in it that I disagree with, and I would love to talk with you more. I do not think the zero waste you're really not supposed to be. >> You're supposed to be on the item that we've called you up on, right? But just but if you want to say good job, that's okay. Yeah. >> Well, it's 90% good job but okay. Not defined advisory commission with the resource recovery commission. Thank you, thank you. >> We have William bunch on item 14. William passes item 19 as well. >> Mr. Bunch how about 19. He passes on that as well. >> All right. >> Item 23 Mr. Bunch. How about 23? He's going to pass item 31. How about 31. He's going to pass [10:15:17 AM] How about 31. He's going to pass on that okay Susan Spataro on item 33 followed by Alexander stringer and Zenobia Joseph, if your name's been called, if you're in the council chambers, please come forward. >> Susan Spataro, district eight. And I want to speak in behalf of the neighborhoods that are being impacted by by this navigation center. And I know it is complex. This is not a simple issue. But people, their children, residents and businesses are being overrun and subject to dangerous positions. It's become so sad that the attorney general has had to step forward and represent this neighborhood. And I just want to read the first paragraph of that petition to give you an idea of the situation. They're in. South Austin, a once peaceful neighborhood, has been transformed by homeless drug addicts, convicted criminals and [10:16:18 AM] addicts, convicted criminals and registered sex offenders. These people do drugs inside of children, publicly fornicate next to an elementary school, menace residents with machetes, urinate and defecate on public grounds, and generally terrorize the surrounding community. It was not always this way, one resident of almost 50 years said how she used to love the neighborhood, but now is no longer comfortable even walking in it, and it is so dangerous now that she is not even comfortable taking her trash out to the curb. And when I read that, it just made me so sad. Because the truth is, these people, these children, the people that live in the neighborhood and businesses are not less important than the clients of the navigation center. And I know a lot of people are working really hard on this. I don't want to say they're not, but something new has to happen, and it can't be at the price of these poor people. Joslin elementary school is 200ft from this. Children at [10:17:18 AM] is 200ft from this. Children at Joslin are seeing open air drug dealing. They're walking on needles, and they actually saw a group handing out needles to this is not appropriate for children. So I, I know that council member Ryan alter is working on this. >> The next speaker is Alexander stranger on item 33, followed by Zenobia Joseph. >> Good morning, mayor and council. I'm here speaking in support of item 33, 37 and 30 and 38, because we need to use our voices, both in the state and in congress, to help the unhoused reform our health care industry and dismantle our culture of white supremacy. Jordan Neely was an unhoused Michael Jackson impersonator who was brutally murdered by white nationalist Daniel penny for the [10:18:21 AM] nationalist Daniel penny for the crime of being homeless. And now that Donald Trump got elected president of the United States and was named person of the year, it's going to be open season on the unhoused and open season on African Americans. And when my wife's boyfriend, Armando, heard the verdict, he defecated on me. Because this is synonymous with what white, with what white males have been doing to the black community for centuries. I am recently homeless because I lost all of my money investing in the hawk tirz coin, and my wife, who suffers from stage five testicular cancer, is being denied coverage for her enlarged prostate. And I have to turn tricks underneath the congress bridge. So that my wife can get the essential lifesaving care that she needs to survive. And [10:19:21 AM] that she needs to survive. And the health care industry. It's ran by greedy billionaires who put profits over people. And the only thing my wife and I can do is write love letters to Luigi Mangione, because he is a hero and we need universal health care by any means necessary. Also, if you could please recommend for Joe Biden to pardon P diddy, it would really mean a lot to the African American community because P diddy was a business mogul who hosted sexually inclusive parties. >> And Donald Trump, your time has expired. >> The next set of speakers. >> Your time is up. >> Thank you. >> If your name has been called, please make your way to the podium. Otherwise, we'll proceed with the next set of speakers we have. Zenobia Joseph on also. Item. 39 Alexander stranger on [10:20:23 AM] Item. 39 Alexander stranger on item 39, followed by William bunch. >> Mr. Bunch, are you going to talk on 39? All right. He's not speaking on 39. >> I'm going to move over to remote speakers. Then we have kassia prince on item 47. Cassie, are you there? We'll try again in a moment. We have Jenny Grayson on item 47. Noah, Elias and Monica Guzman, are any of you here? >> I see, miss Guzman. If you're here, please come forward. She. [10:21:24 AM] here, please come forward. She. Miss Guzman is passing. Is there anyone whose name has been called that is here and wishes to speak? All right. >> Next speaker is Carmen Lianes, followed by Zenobia Joseph on item 47. >> If your name's been called, please come forward. I don't see either one of them. >> Next speaker is William bunch on item 51. >> Mr. Bunch, are you talking on 51? Looks like he's passing. Well, she's gone to 51 now. >> After Mr. Bunch on item 51 is Santiago Juan. >> If your name's been called, please come forward. Thank you sir, just state your name for the record. >> Santiago. >> And state your last name, [10:22:24 AM] >> And state your last name, please. >> I won, thank you. >> Are you going to speak? >> Pardon? >> Are you speaking or are you just. >> I'm here. Yeah, I was just checking which item we were on. >> 51. >> 51? Correct. Sure I think. Have you covered 11? >> Yes. >> Okay. I had signed up to sign up for 11. I think the borrowing is really irresponsible. 51 just in general. Fundamentally, I think the project, the cut and cap is contingent on requiring a 25 foot diameter tunnel beneath Cesar Chavez to go into the [10:23:24 AM] Cesar Chavez to go into the Colorado river. I'm concerned about dissolved oxygen. I'm concerned about any funding being allocated to a detention pond, to watershed protection, to ensure that they can meet the water quality standards that are necessary for t-c-e-q, including nationwide, permit out seven, which is an outfall into the Colorado river, ensuring that U.S. Army corps of engineers is aware of what txdot intends to do. I'm also really concerned that there has been inadequate funding to look at the bridge reconstruction over Colorado river, in particular, nationwide permit 14, which has to do with a 10th of an acre disturbance of wetlands, the watershed or the Harper's branch watershed is being disrupted. There's nearly 300 acres of rainfall that will have to be collected, not including the interception of the walnut creek watershed that will. It's massive, massive, [10:24:25 AM] will. It's massive, massive, massive problems in terms of thank you, sir. Anaerobic quality. >> Thank you, Mr. Bunch. >> Yes, bill bunch, district five. Speaking as a taxpayer voter. I you know, the idea of cap and stitch. You know, we all love that. But we're talking about a phenomenal amount of money coming out of taxpayer dollars. The general revenue stream to do something that for txdot is a rounding error on I-35. You all should have demanded that txdot pay for this. We don't. We're already pumping hundreds of millions of dollars into downtown parkland and open space to do that again here. And we're talking about I [10:25:28 AM] here. And we're talking about I think we're approaching $1 billion. It's my understanding annual maintenance on this is in the many millions of dollars a year for to get people to be on, you know, a big concrete slab over an interstate freeway. When you really think about it, it makes almost no sense. Part of the lawsuit, which you all should have joined, that's still pending, is looking at the air pollution and the direct health impacts to people who are near this enormous highway project, and to be thinking, we're going to spend hundreds of millions of dollars and then many millions every year to maintain something that nobody's going to want to go to. And if they knew about the health impacts, they should not go to. So the you know, this looks good when you don't really think about it, it's time to step back. Be honest about this. [10:26:31 AM] step back. Be honest about this. If you want to go forward, go forward later after you do your own environmental study. But better yet, save the money and join the lawsuit against txdot against this horrible project. Thank you. >> Mr. Bunch. We also have you registered on item 52. >> Yes. Thank you. 52 is yet more money for cap and stitch. $45 million of city funds and also seeking a grant from the feds to cover, you know another. It looks like a 60 million on top of that. Again, I appreciate that you're posting these as [10:27:32 AM] that you're posting these as separate items that is required by the law that's appropriate and letting people speak to it. Most of the issues do overlap with my previous comments. I'd just add that again, we should be asking demanding that txdot pay for this and that we ask the feds for grants to help us with stuff that we really need and that it's a community priority. This is not it. Thank you. >> Next speaker is felicity Maxwell on item 52, followed by Santiago zagon. >> Good morning, felicity Maxwell, district five resident or a board member. We just want to share our appreciation for the city of Austin. I futures, our future I-35 team and the support of usdot through the neighborhood access and equity [10:28:32 AM] neighborhood access and equity program grant for the financial support of the Cesar Chavez to fourth street cap. Thank you for your support of this grant. We also appreciate the additional time afforded by txdot to fully consider how we move forward with the extensive I-35 cap and construction program as we engage in these discussions regarding additional construction in the spring, we'd like to urge city staff, council members, and community members to work diligently to build a cap and stitch program that works for current and future city of Austin residents and those most impacted by this construction project. We look forward to this process and the additional work that will be done in the spring of 2025. Thank you, Mr. >> Santiago. Zorn. >> Are you going to speak? >> Yeah. I appreciate you not interrupting me, sir. This is my time to speak. And. Yeah, I just wanted to read the room real [10:29:34 AM] wanted to read the room real quick. If that was cool. You guys see who's here and see if there's any highwaymen here to. Just checking my back, you know? Yeah. So continue with where I was trying to speak earlier, in particular with regards to the lack of focus on the bridge. So back in the 50s, city council passed the expansion of east avenue under an emergency protocol that suspended the charter rule and the rereading of. Of the construction of east avenue us 81, in a regional highway which is now known as I-35, pushed pushed through. At the time, there was a lot of environmental impacts occurring with the with Austin sand and gravel company dredging the Colorado river. And there there has still to this day beneath I-35, there's a lack of light penetration. There is no wetland there whatsoever, just disregard [10:30:36 AM] there whatsoever, just disregard for the environment. And I'm curious why this council is not asking those questions, why they are not empowering watershed to ask those questions. Why the director of watershed has stepped back, why the director of Pritchard has stepped back. I'm concerned that this council, and in particular individuals who are present, are strong arming this policy or this proposal through section six F of the land and water conservation fund, requires that txdot, in their eyes, declare a conversion site for the parkland that is being condemned, both on the west side and on the east side. There's sufficient enough area in the right of way as existing to meet the demands of two two new lanes, north and south, between the 54. Thank you. >> Your time has expired. Thank you. [10:31:37 AM] you. >> Moving on to item 60, we have Marianne Sanchez, followed by Carlos pinion. Sole praxis and Shane Johnson. Are any of you here? >> Doesn't appear to be. >> We have Byron hatcher on item 64. We have Jenny Grayson. Item 65, Monica Guzman. Item 65, Mario Mario Cantu, item 65, and William bunch, if your name's been called, please move forward. >> Mr. Bunch, are you speaking on 65? Please go ahead. Miss Guzman, are you speaking? Miss Guzman is not speaking. Please. Yeah. Just identify yourself for the record, please. >> Good morning. My name is barren hatcher. Speaking on item 64. I'm here to request a fee [10:32:37 AM] 64. I'm here to request a fee waiver for the upcoming fundraiser show for the Austin round-up and event, the blink arts, with essential support for queer recovery community. The event is more than a fundraiser. The arts have a unique ability to heal and connect, and this show harnesses that power to support those in recovery. It's a beacon of hope, fostering healing and connection through the power of the arts. By supporting this event, you are directly aiding those in recovery and the queer recovery community. At a time when our community faces unprecedented attacks and continued alarming numbers of overdoses. Thank you for considering this request. Together we can make meaningful impact. >> Thank you. Thanks for being here, Mr. Bunch. Are you speaking on 65? He's passing. >> Okay. Moving to a remote speaker for item 65, we have Alexandra Anderson. >> Can you guys hear me? Yes. Hello. Okay, great. I have a [10:33:38 AM] Hello. Okay, great. I have a limited time, so I wanted to just speak on the different items 65, 66 and 90, which I'm all looking for. Council to support. 65 is dealing with the city manager. Approving and working towards the exploring opportunities to expand the future public access to the Colorado river. 66 looking for the city manager to also approve resolutions for the central Texas regional mobility authority to refine the proposal for the mopac south. And then I'm specifically calling as well for the designation of 1500 east 12th street. Speaking on behalf of my neighborhood association, the mlk, as it to be identified as the city of Austin historic landmarks. For decades, east Austin has seen countless [10:34:39 AM] Austin has seen countless demolitions and displacement of historic black and brown communities and generations of stories and people have shaped our community. 15 east 12th street has a long lineage of east Austin history, from the days when it was dealing with German immigrants, to recently finding out that it was a place where the fraternity, alpha phi alpha has met. I ask that you take action to protect what remains of east Austin's black history. Thank you, thank you. >> Next speakers are for item 66. We have Jenny Grayson, followed by Adam Greenfield and Miriam Schoenfeld. Are any of you all here? >> Your names been called? Please stand up so we'll know you're here and come forward. Has your name been called, ma'am? Yeah. Feel free to take the microphone. Either way. >> Hi. Good morning, mayor and [10:35:43 AM] >> Hi. Good morning, mayor and council Adam Greenfield here with rethink 35. I'm here to speak strongly in support of agenda item 66 about the proposed mopac south expansion. I, of course, don't need to explain this. Council is already well versed in why a highway expansion is not compliant with our city goals. But I'm here just to compliment the council on this excellently worded resolution. I think just being explicit about this expansion and how our goals are not aligned with that. I think it's very well put and also stressing working with ktma, a lot of advocates for a long time have been very excited about working with this agency. It's kind of an untapped potential in our opinion, and I think this council, this resolution speaks beautifully to that. So I'm really excited about what doors this might open. And I think this is just a great end of year note to end for, for many of us in the transportation advocacy [10:36:43 AM] in the transportation advocacy field. So thank you so much. Thank you for council member Ellis for sponsoring this. And thank you for the council for supporting this. Thank you. >> Good morning. Miriam Schoenfeld also with rethink 35. First, yes, I want to echo the gratitude for this resolution. It's really, really well worded, thoughtful and very impactful. So we're really excited about this. I don't think many of you need convincing that highway expansions in our city is a bad idea. They make the city a worse place to live. They fly in the face of a dozen or so city goals and plans they harm. They spur development patterns. That's harmful for the city, and that's economically and environmentally unsustainable. If there was one idea that I really want to underscore is that these projects are not just bad, but really bad and bad enough to put our full weight behind. And [10:37:45 AM] our full weight behind. And that's because every single highway expansion that we do, it's like pressing a button that spurs this negative feedback loop that spirals forever. And Beth Osborne, director of transportation for America, in a recent interview, really cautions us all against accepting highway expansions in exchange for other goodies, including transportation related goodies, because, she says, the math doesn't work out. And I'll end with just one really clear example of this. Take a look at the patterns in Barcelona and Madrid, two very similar cities invested in transit at a very similar time. One difference at that time, Madrid also built a bunch of highways years later, looked today at the ridership levels of for transit. Madrid doesn't hold a candle to Barcelona, and they never will, because the impacts of these projects are long lasting and far reaching. So I really appreciate the clarity in this resolution, and I really appreciate the support of this council for a better [10:38:47 AM] council for a better transportation system for Austin and central Texas. Thank you, thank you. >> If your name has been called on this item, please come to the microphone. Okay. >> Next set of speakers we have Elizabeth Bermel, Isaac martin, Shayna goldsmith, and Jackson Gluck. >> If your name's been called and the microphone is empty, feel free to take it. It's all yours. Just state your name for the record, is all we ask. >> My name is Elizabeth Bermel. Good morning, Austin city council. I'm a registered nurse in a busy er in the Austin area. I live in district five. I'm here speaking in favor of item 66. Decades of research on city planning have shown that highway expansions lead to more traffic and more air pollution. This is a public health disaster. A study published in February of [10:39:47 AM] study published in February of 2020 showed that air pollution caused by human activities is responsible for 9 million deaths worldwide every year. Short term exposure to air pollution can lead to asthma and COPD exacerbations so severe that I cannot fix them, and they have to be hospitalized. Long term exposure increases death from all causes. This is because the particulate matter released into the air is so fine that it can be absorbed into the bloodstream and increases inflammation throughout the body. This leads to the development of and premature death from stroke, heart attack, asthma, COPD, various forms of cancer, and complications from diabetes. Pregnant women are at risk for miscarriage and stillbirth. I am sick and tired of watching my patients suffer and die, and I am tired of watching. Would be [10:40:49 AM] am tired of watching. Would be parents grieve. We can add years to our lives by increasing access to walking busses and bikes, and we don't have to take them away by building a city for cars. What you choose today matters for generations to come. Thank you for your time and attention. >> Thank you. >> Jackson Gluck, resident of district two in Austin, Texas. I'm here to speak against any action that we have, especially as one on 183, for reasons that have been stated by other by other members of Austin. This as a as a user of public transit in Austin. I really appreciate being able to get around on, on, on the bus and on on my bike. And expanding highways for car users is not something that that that that aligns with with my personal goals. Thank you. >> Thank you. [10:41:49 AM] >> Thank you. >> Good morning. My name is Shayna goldsmith. I'm here to thank council member Ellis, co-sponsors and all of the council members supporting item 66. I'm a resident of district eight and a volunteer with rethink 35, and I live close enough to hear mopac traffic from my living room. I'm also a doctoral student in the community and regional planning program at UT Austin, where I research urban transportation policy. I'm here to state my opposition to the seat, to the project that ctma has put forward. Planning evaluation specialists distinguish between the process of planning plans themselves and results. A solid process would entail adequate research and outreach to help our community make informed decisions. Ctma has used outdated studies, refused to study air quality impacts, and overlooked important downstream consequences like the safety of students and others who walk and bike around Austin high school. A solid plan would make ktm's next steps clear and its actions predictable. Yet this plan gives city a wide latitude regarding [10:42:50 AM] city a wide latitude regarding whether and how to respond to these open questions, account for uncertainties and mitigate adverse impacts. And finally, solid results would deliver outcomes that align with our vision for a better Austin. But this project will degrade air quality and water quality and take a huge toll on our health, our enjoyment of Barton creek and our pocketbooks. And it does so in the name of a specious claim to provide a negligible amount of time. Time travel, time savings without accounting for reduced travel and construction related delays. While I recognize that this project may decrease travel time for capmetro vehicles and transit riders, the costs are too high. To echo what Miriam said a moment ago. We can't make progress by taking one step forward and three steps back. This plan will make life a lot worse for me and my neighbors. Thank you for helping to protect austinites from this devastating project. >> Thank you. >> Next speaker we have on item 66 is Monica Guzman. She passes Bobby Lewinsky. William bunch, felicity Maxwell, and Zach [10:43:53 AM] felicity Maxwell, and Zach fetus. >> Good morning, felicity Maxwell, d5 resident, Austin high school parent. Thank you to council member Ellis and all of the co-sponsors for this item regarding the mopac south project, particularly focused on achieving the best outcomes for this project. While we understand the urgent need to address traffic and congestion in south Austin, we have real concerns about the plans as currently outlined by cmra, specifically, the impact to Austin high school site and access to and from the school before, during and after this project. We would particularly like to see an east west traffic study and understand how mopac mopac south construction will impact local roadways and traffic patterns. We appreciate Austin ISD's active involvement in mopac south project, and look forward to ongoing engagement with ktmr to make the best version of this project for south Austin, and specifically the Austin high community, its staff, families, and of course, its students. Thank you. >> Mayor, council members. My [10:44:54 AM] >> Mayor, council members. My name is Bobby Lewinsky. I'm an attorney with the save our springs alliance. Let me start by thanking council member Alison alter, Leslie pool and Mackenzie Kelly for years of service and help on so many issues over the years. Each of you were friends to the save our springs alliance at times, and most importantly, you were open to dialog. This resolution is the result of such dialog. Thank you, council member Ellis for your leadership on this. Item 66 is a resolution that provides a response to the to the proposed mopac expansion. The current proposal is a four lane expansion with additional auxiliary lanes. We count up to seven at some locations. Lady bird lake would be 13 lanes, while the mopac. While mopac certainly needs upgrades, it doesn't need a lane expansion project of this scale. The project will have an enormous environmental impact. More lanes leads to more cars, more emissions, worsening air quality in our region, and the water quality concerns are even worse as this project highway expansion traverses an eight mile stretch of the Barton springs Edwards aquifer recharge zone. It puts new peers and puts [10:45:55 AM] zone. It puts new peers and puts a lot of new pavement and excavation within our creeks. And it's within a quarter mile upstream of Barton springs. A lot of is being talked about about the post-construction treatment. While we do not believe that they could reach 100% se, that doesn't solve the concern. A lot of the pollution happens during the construction. A lot of the sedimentation happens during construction. That's a huge impact to the Austin blind and the Barton springs salamanders. Sedimentation will the dirt will get into the Barton springs. It will damage their gills. It will cause their suffocation. It it fills in the gaps in the rocks that they need to hide from predators in their shelter. So it's a huge impact. And they've not engaged with fish and wildlife services on the endangered species consultation. Nor is this a project that will will lead to not a significant impact for those species. I mean, this is incredibly close. It's closer than any of the other projects that we've seen in recent history. I'm available for comment, please. [10:46:58 AM] for comment, please. >> Next speaker, please. Thanks, Mr. Levinsky, I believe Mr. Victor reed is going to speak on item 21. I think is can I start, Mr. Cargill? I think there's a different speaker. >> If your name has been called, you can go to the podium. Any speaker. >> Howdy. Council members and mayor. My name is Zach Faddis. I'm a resident of district nine and president of aura. I come to speak in favor of item 66. Highways are primarily a tool for urban sprawl. They make our city a worse place to live in order to facilitate subsidizing people to move outside of our city and into suburbs, places where they're going to spend their time sitting in traffic and money on gas. You are taking away taxable land in the city of Austin. You're creating a barrier to mobility to live around. It makes public transportation harder to implement. It goes against it. [10:47:58 AM] implement. It goes against it. It makes it harder for us to implement our transit goals, our climate goals, our population growth goals that we've outlined in several different studies I forget the names of. The best argument for highway expansion is that we if we as a city, are going to refuse to house our population to build enough housing, we are going to say no to new neighbors. And the best thing we can do is facilitate them being able to come into our city for our jobs. But I think that the city and this council is in a place where we are ready to say yes to more neighbors. We are willing to say, like, we can house our populations here in a sustainable way, that way that is more sustainable for the city, the environment and for the residents themselves and provide a better quality of life. And yeah, that's what I have to say. Thank you. >> And, Mr. Gonzalez, I think I missed you. I think I got confused on who was next. So I think it was Victor Gonzalez was next. >> We have Mr. Victor read on item 21. [10:48:58 AM] item 21. >> Who it is. Thank you so much. I apologize. >> You know what? Thank you. Thank you for being the city that we are. But it's three housing projects. It's Springdale. It's. Mesa manor and booker T, and it's for the closing of givens park. You know, givens park is going to close for eight months or ten months, but the people haven't been talked to. And at the end of the day, we need to be talked to. It is what it is. You know what? I come with you. I come to you. The city of Austin, to let the people speak on the park before you close it, because it is what it is. You know, I have [10:50:00 AM] is what it is. You know, I have a damn thing with the park closing. It was a family thing. And they going to close the park? For what? Without the conversation of the people? It is what it is. Thank you. >> Bill bunch. Item 66 back on mopac. Also a save our springs alliance. We do support this resolution, but it's rather disappointing. I have to admit, it won't mean anything unless you follow it up with more forceful action. I'm disappointed that the sponsors didn't lay it out what it is, and educate the people about what we're talking about, and so I'll take a little bit of my [10:51:02 AM] I'll take a little bit of my time to do that. Unfortunately, we fought this project off back in 2015 when our toll road agency that's unresponsive to our voters tried to build adding four lanes of mopac to toll lanes from Cesar Chavez down to slaughter lane. Now it's back. They're saying it's the same thing, but it's not. It's worse. We're not now talking about adding 6 to 8 lanes, four of them told to each way from Cesar Chavez to slaughter lane down the center line of the recharge zone. And what we're talking about specifically now is 13 lanes total would be on top of Austin high school, on top of lady bird lake, on top of zilker park, on top of the Barton creek greenbelt. This is enormously offensive. The environmental damage can't be overstated. The air quality issues that you [10:52:03 AM] air quality issues that you heard about earlier, I mean, we're converting mopac into an interstate 35 on top of Austin high school, where students need to study and breathe and not have pulmonary diseases. Y'all need to join Travis county and demanding that city may end this charade, that it's the same thing from back then, and they're continuing the process from 2014 and that there be a full environmental impact statement based on current data. >> Thank you, Mr. Bunch. >> Science. >> Thank you sir. >> Hello, I'm Isaac, I'm a grad student. >> What's your last name, please? >> It's Isaac martin, I believe. Yeah, yeah. So, yeah, I'm living in district nine. I'm speaking in support of item 66, and I just wanted to first extend my thanks to the council members supporting this item, and in particular to council member [10:53:04 AM] particular to council member Ellis for her continued work on increasing mobility in Austin. So there are a myriad of reasons to oppose the addition of more lanes to mopac. It will pollute our air. It will exacerbate the health of those living near the highway, and it will wreak havoc on an already fragile ecosystem, etc. However, instead, I wish to highlight the introduction that the introduction of more lanes to mopac, in addition to causing a slew of harm through externalities, fundamentally exacerbates the problem it purports to solve. It does not facilitate efficient transportation, so induced demand by now is a well understood network phenomenon, in which adding more capacity to a network slows the flow rate and indeed commute times get longer 1 to 2 years. After almost every highway expansion in the us for which data is available, we should expect that this expansion will worsen commute times and not improve them. Nonetheless, the addition of more lanes does does increase the capacity of the road. So we should we should talk about that. So the maximum capacity of a single lane is often cited to [10:54:06 AM] a single lane is often cited to be 1800 cars per hour, meaning that if I stand at one spot on the highway and count the cars as they pass, I expect the maximum number to be 1800. In practice, however, because of lane changes, merges, and heaven forbid, crashes, this number is far, far smaller in practice, so this is much closer to 600 additional cars per hour when a second lane is added, and then subsequently it's far less than that for each additional lane, so mopac expansion won't shorten individual commute times, and it will add trivially more capacity to an already congested road. So the focus should instead be to provide alternative means of transportation and to reform zoning laws in order to take cars off of mopac. And this is the only way to reduce congestion in the long run. >> So thank you, thank you, thank you. >> Howdy. My name is Jared feel. Thank you council and mayor for taking time here and spend you know just listening to us. I'm also going to speak on 66 because I think it's totally lost the fact that everybody [10:55:07 AM] lost the fact that everybody here is listening and just speaking on. We're not adding. >> So can you confirm what is your name? >> Jared feel. >> Thank you. >> Yeah I'm a resident here of Austin. Been so for about seven years. >> I do not see you on the. Did you register to speak, sir? I'm over here. >> No, but I I'm sorry. >> You you're not in a position to speak. We have a process, so I'm going to have to ask you to leave the microphone. No, sir. No, sir. We have a process, so you need to leave the microphone. >> I believe that concludes all of the in-person speakers for item 66. >> You need you need to go on. Thank you. Appreciate you being here. >> We have one remote speaker on item 66. We have Zenobia Joseph. >> Thank you. Mayor council I'm Zenobia Joseph. Mayor, may I ask a technical question before I begin? >> It's part of your time, but please go ahead. >> Not a problem. I was registered for several items, and I just want you to recognize [10:56:07 AM] and I just want you to recognize that it disenfranchizes individuals who may use the library phone number, who may also use goodwill's phone, because you cannot receive phone calls from those numbers. So it is disingenuous for the person who is actually manning the phones to actually disconnect the speakers. You have a way to actually look at the caller id you've called people back before, and so I would just ask you to recognize the need to be equitable and to make sure that everyone has an opportunity, especially our unhoused individuals in the city, to call in remotely. Otherwise you're disconnected. I just want to say specifically as it relates to this project, connect mopac south, it references open house number six. Central Texas regional mobility authority, and I just want to remind Paige Ellis that project connect is undergirded by cap remap. The June 3rd, 20 1852 route changes. The bus runs empty, 2.9 [10:57:09 AM] The bus runs empty, 2.9 boardings an hour on convict hill, and she has been silent. Respectfully, mayor, that is what white privilege looks like. 2.9 boardings an hour in the watershed restricted area when they wanted to put the homeless on convict hill, there was opposition. I am opposed to this project because it references project connect and specifically the system is inequitable. So my comments, as they always are, are in the context of title six of the civil rights act of 1964, which prohibits discrimination based on race, color, or national origin. Black people in northeast Austin are still waiting 60 minutes for the bus, and our unhoused neighbors are those who are formerly unhoused on route two. 37 at community first village, wait 60 minutes in wheelchairs, two hours when a bus route gets canceled. So the system is inequitable. I would ask Paige Ellis to stop burying her head in the sand and recognize the need to make this. >> Your time is expired. Thank [10:58:09 AM] >> Your time is expired. Thank you. >> We have one speaker that was called earlier, Michael Cargill, on item eight. Are you here? >> Any council? Good morning. >> Council. >> Mayor Michael Cargill. There we go. There you are. Owner of central Texas gun works. I'm talking on item eight. And the reason I'm here is because I don't think you guys are aware that we actually have a procedure for handling with suicides in gun stores and also gun ranges. So I want to give you guys a little, you know, kind of tell you a little bit about what we do. Also would be nice when we're discussing firearms. If you actually can invite someone from the gun community here to discuss it with you. So some of the things that we do, and by the way, when a person walks into a gun store and they're dead set on committing suicide is already too late to give them a telephone number to call. Unless you're going to put telephone numbers on the overpasses of I-35 so they can contact someone before they jump. I think that's useless. But what we do do in the gun store is we work with [10:59:10 AM] the gun store is we work with family members. They actually contact us. We communicate with each other as gun owners, gun store owners to make sure that person does not get a firearm. And we also contact law enforcement so they can be arrested and also get some type of mental assistance. We also have a procedure where if you walk into a gun store or a gun range in Austin area and a person walks in by themselves, you're not allowed to actually shoot at the gun range. If you're just alone, you have to come to the gun range with someone else. So one person walking in by themselves is not going to be able to rent a gun and actually shoot or attempt to commit suicide. Also, we have a procedure in the gun stores where we have a system set up so that if a person walks in and they're buying a firearm and they're exhibiting some type of behavior or something like that, there's any question about that. We have a system where we log into and check their social media accounts to see if there's something going on with this individual. If we see something, we detect something, then we notify all the other gun stores and we don't sell that person a firearm. Like I said before, [11:00:11 AM] firearm. Like I said before, before you decide to discuss anything that has anything to do with firearms, you really nice. If you guys could contact someone at gun community so we can educate you and tell you what we do in a gun store. As always, more guns, less crime. Go out there and buy yourself a gun. >> Next speaker is on item 57. We have felicity Maxwell. >> She's passing. >> Okay. Then the next speaker we have is a remote speaker on item 130. Zenobia Joseph. >> Thank you. Mayor, council. I'm Zenobia Joseph. Mayor, I'm totally confused. I really don't know which items you really want me to speak on. Some people have been speaking out of turn because they were called previously. >> We had we had one person, 39. >> I don't have 130 in front of me. So I just want you to recognize that as it relates to the legislative agenda, specifically the federal law and state law, prohibit you using [11:01:11 AM] state law, prohibit you using the government, the public funds for propaganda. And I just want to read specifically some information. When you lobbied for house against house bill 3899 that was relating to the issuance of bonds by certain local government corporations, and you have project connect again in the legislative agenda, and specifically, you are not supposed to use those funds. Article 13 tax matters dissolution specifies, in accordance with the provisions of section 500 and 1c3 of the internal revenue code of 1986, and this is Austin transit partnership shall not direct any of its activities to attempting to influence legislation by propaganda or otherwise. So I'm not real sure why it is that you think that you can't be neutral on these items when they go before the legislature. Public law 116-93 116th congress specifies, and this is the [11:02:13 AM] specifies, and this is the appropriations act of 2020, that you're not supposed to use any funds directly or indirectly, including by private contractor, for publicly public propaganda or publicity. And so, again, I'm really not sure how it is that you think it's okay to use our public dollars to lobby against those of us who are in opposition to this inequitable light rail system? I will try to find 130 if my time doesn't elapse, but it is pretty confusing the way you are running this meeting today. That's the arpa funding for shelters, and I'm in opposition to that. Because you're warehousing the negroes in southeast Austin. You spent over $20 million at the arch and $16 million here. Joseph, I would ask you to be transparent about how much of the arpa funds are remaining and to allow the community to decide how to use that money. >> We also have you registered to speak on item 131, which is the item we are on next. Would you like to speak on 131? >> Sure. Item 131 is the marshaling yard specifically, and I just wanted to state my [11:03:14 AM] and I just wanted to state my opposition to that item because if you put the arch as well as the money that's being allocated here at $6,750,000, over $1 million a month, for context, I want you to understand, it was $4.7 million to run the metro rapid between Samsung and apple, three hubs. If people could get to the jobs, they may not need the marshaling yard to be out of sight, out of mind. They would be able to sustain themselves because they'd be able to get to work. You're making them dependent. This is not sustainable. $20 million for the arch to appease downtown white business owners is not the best use of funding. And I would just point you to David gray September 4th 2024. When he told you that rapid rehousing was not a good strategy, but yet you keep throwing money at the marshaling yard, which was supposed to be a six month temporary stay. People can't get to work, mayor, not with three [11:04:15 AM] to work, mayor, not with three vans. So please don't listen to this false narrative that Mr. Gray is telling you about them feeding the people and getting them to work. I don't think you could get to work if you had three vans with 300 people each day, so I'm not sure how much money is remaining from the American rescue plan act. But I would ask you to be transparent and for the financial services staff to actually just tell the public transparently, because you keep finding these dollars. But yet the problem remains, and I would ask you to put some of the homeless people in west Austin. Two, because the busses run frequently in southeast and southwest Austin, and you're not affirmatively furthering fair housing, which also which also violates the fair housing act of 1968. And if you have any questions, I'll gladly answer them at this time. But this is confusing. Trying to call into these meetings. Thank you. >> We have a next speaker is on item 138, felicity Maxwell. >> Hi, felicity Maxwell, [11:05:24 AM] >> Hi, felicity Maxwell, district five resident or a board member. We wanted to share our full support for this item brought forward by council member Vella, and appreciate the support for the fellow co- sponsors. Digital signage and wayfinding are critical to enhancing the transit experience for riders and users, and such signage has been successfully rolled out in cities across the country, creating a new program to thoughtfully expand digital signage in Austin along transit corridors is a natural next step to improving how community members and visitors interact with our transit agencies like capmetro. We appreciate your support for this item and look forward to engaging in the community process. Thank you, mayor. >> That concludes all of the consent speakers. >> Thank you, members, as you heard, that concludes all the people that have signed up to speak on the consent agenda. Again, the items that have been pulled are items two, 38 and 57. I will the process that I think we ought to follow is take a get a motion on the consent agenda, and then we'll have discussion and any activity related to [11:06:25 AM] and any activity related to that. But are there any other items that someone would like to pull from the consent agenda? All right. In that case, I'll entertain a motion. The motion is made by council member Alison alter. It is seconded by council member zo qadri to approve the consent agenda. As read members, I'll now go to. We will now have discussion on the consent agenda. And is there anyone that wishes to be recognized for discussion? Council member Alison alter. >> Good morning. Good morning. Before I make my remarks, I did request on the message board to be added as a co-sponsor for item number 67 related to rally Austin and the pdc. An item from council member Bailey. I didn't hear that that we have it was not a part of the consent. >> Part of the changes and corrections that I received. So without objection, council member Alison alter will be shown as a co-sponsor of those [11:07:25 AM] shown as a co-sponsor of those two items. >> And I would like to add $250 towards the fee waiver for item 64 for the Austin roundup. >> Without objection, we'll take our money. >> Thank you. So there's a lot of really important and big items on this agenda, some of which we've been talking about for a long time, like the northeast service center. That's just one example. And I want to speak though briefly to two items. I'm really glad to see item 17 on the agenda, which implements my and my colleagues resolution earlier this year to add the diversity and chamber diversity and ethnic chamber alliance deca small business opportunity summit to the list of city co-sponsored events. This action demonstrates our continued commitment to supporting small business owners, and especially those who may face significant barriers when it comes to equity and opportunity. I want to highlight how crucial the work of dec is to our small business landscape, and how deca plays a significant role in ensuring this landscape will thrive and reflect the diversity of our community. In the coming month or so, [11:08:25 AM] the coming month or so, colleagues deca will release the regional economic equity development plan, or the reed plan, and I want to invite each of you to support its successful implementation in the years to come. Second, I would like to take a moment to highlight a number 65. This is an item that I sponsored to explore opportunities to expand future public access to the Colorado river waterfront, especially below the long horn dam. Thank you to my co-sponsors, council members Ryan alter, Fuentes, and Velasquez. Expanding public access to the Colorado river through land acquisition, parkland dedication, and trails easements is a recommendation from our parks, our future Austin parks and recreation long range plan. The city of Austin itself owns several properties along the Colorado river, and this item also asks the city to prioritize analysis of those opportunities on city owned land. This is part of a larger effort and other actions that will be coming to council related to the areas along the Colorado river that are [11:09:28 AM] Colorado river that are downstream of the longhorn dam, and I hope that this helps continue that work here on the dais when staff reports back on this item next year. But I know that this effort will be left in capable hands. Thank you. >> Thank you. Council member. Council member vela, followed by council member Kelly, then council member harper-madison. >> Thank you mayor. >> I just wanted to be added as a co-sponsor to item number 66. >> Without objection, council member vela will be shown as a co-sponsor of item number 66. Thank you. Council member. Council member Kelly, followed by council member harper-madison. Excuse me. And then council member Ellis. >> Thank you, mayor and colleagues. You know, as I sit up here at my last council meeting of my term, I'm reminded again of something I talked about on Tuesday, which is the speed of government. And one of the items here before us is an ordinance. It's item number eight related to posting signage for suicide awareness at archery ranges and gun ranges. And that item took a year to come back to us. And I want to thank staff for their diligent work on that [11:10:29 AM] for their diligent work on that item. I know that oftentimes, even probably for people who are here in chambers, it may feel like government is really slow, but it's slow for a reason. And it is a great honor to be here in my last council meeting to approve this ordinance with the rest of my colleagues, to button up some of the great work that we did over the last four years. And so I firmly believe in our right to own firearms, as many of you probably know. But I do believe that this ordinance is an extra step that we can take to ensure that people know that there are other options than using those firearms to end their lives. And so I'm I'm grateful that that will pass today. And I appreciate my colleagues for their support on that item. Thank you. >> Thank you. Council member. Council member harper-madison followed by council member Ellis and then council member zo qadri. >> Thank you, Mr. Mayor, I appreciate it. I'm speaking to the consent agenda on item number 44. I am pleased to announce that we have two new community members joining the ranks of our over 62 boards and commissions, where community members get to directly impact [11:11:30 AM] members get to directly impact what council members do by way of them weighing in on our boards and commissions. So thank you and welcome. We appreciate your service. Catalina, Barry and Jody moss, mosque. The CDC is called the rosewood community development corporation. That's the board of directors for the millennium youth entertainment complex, which might sound more familiar to folks. Item number 61 is a part of a suite of considerations regarding succession planning and an initiative that team one brought forward earlier this year. As some of my outgoing colleagues can most especially attest to, four years goes by fast. And if what you're doing as a new member of council is spending your first couple of years getting acclimated, figuring out what it is that you need in a staff, then our constituents lose that two years, frankly, by way of having an effective council member who's ready on day one. It is my absolute opinion and by way of best practices, that a concerted [11:12:30 AM] practices, that a concerted effort and real strategic succession planning protocol can help to get council members ready faster. If we are doing this right, then this body consists of a diverse group of folks with diverse lived experiences, and not everybody is going to come in, you know, having prepared to serve on an elected body day one. And we don't want them to frankly, they don't represent the community if that's the case. That said, this continuing education and college credit for knowledge acquired item that we're bringing forward is an attempt to make certain that the folks coming in have the opportunity, by way of the unique set of skills and knowledge that you acquire here in the copper building and serving the city of Austin, is met with the opportunity to advance your degree or receive one for the first time. In theory, a council member can come in, you know, on day one and leave this role with a [11:13:30 AM] and leave this role with a degree of some sort, which I think is beneficial to the community at large. We're very fortunate that we have one of the nation's hbcu and huston-tillotson university, Austin's oldest institution for education in the city of Austin, also one of the highest ranking public universities and so many more educational partners within Austin city limits. It is my hope with this initiative that city leaders, city employees, members of our boards and commissions are encouraged to further their professional development so that we not only retain our talented workforce, but also empower them by equipping our our staff and commissioners and leaders with more opportunities for professional development. We're setting up our city for even greater success around our efforts towards innovation and leadership capabilities. So thank you to my fellow sponsors and our education partners who have worked with my office and [11:14:31 AM] have worked with my office and the city manager to move this item forward. Again, thank you, Mr. Mayor, and to my colleagues for all of your support and everybody who's working towards Rio. Comprehensive, thoughtful approaches to succession planning. I think it's critical in nature. So thank you. >> Thank you. Council member. Council member Ellis followed by council member zo qadri and then council member Velasquez. >> Thank you, mayor. On item number 66, I want to extend my sincere appreciation to the advocates for coming out today and to speak in support of this item. A number of them provided really helpful feedback and comments as we worked with our co-sponsors to draft this item, the south mopac project overlaps many areas of district eight that are part of the project connect system the ybc trail, violet crown trail, south Austin trail network, and many safe routes to school projects and other multimodal options. I want to make sure that we leverage every opportunity to support our multi-modal transportation system. A lot of these projects have been supported by Austin [11:15:32 AM] have been supported by Austin voters and are used by people every day in southwest Austin. The mayor does have sources of funding available that I believe are more creative and environmentally friendly than what you typically see for highway projects. They care a lot about shared use pathways and have been really receptive to talking to me and my office and hearing our feedback along the way on on this project. But we do need them to be mindful of the impacts of inducing more traffic into these sensitive environmental areas. I know aid, it was mentioned by one of our speakers that they have a vested interest as well, in trying to make sure that the school traffic patterns and some of the other mobility issues that happen with aid are going to be fully addressed through this project. And so I want to thank everyone for coming out today to speak in support. I'm really excited that this resolution appears that it will pass, and I want to thank my co-sponsors for their input as well. And that's Ryan alter, Allison alter, zo zo qadri, Jose Velasquez, and now chito vela. Appreciate you jumping in as co-sponsor. And I also wanted to [11:16:33 AM] co-sponsor. And I also wanted to add some of the fee waiver dollars. I believe item number 64 has only $110 left since Allison alter added some funds to that fee waiver. So I would like to add in that remaining amount, and then I'll just match it for item 63. I know they have more money they need than we have to contribute, but that $110 should hopefully help them a little bit more. That's all I've got, mayor. Thank you. >> Well thank you. And without objection, the money will be added from council member Ellis on those two items. Thank you very much. Council member zo qadri, followed by council member Velasquez and then council member Ryan alter. >> Great. Thank you. Mayor. I just wanted to thank council member harper-madison and item 61. I remember right when I got elected, we had a discussion about this concept that you brought up. So I appreciate your leadership on it. And I'd like to be added as a as a co-sponsor. >> Without objection, council member zo qadri will be shown as a co-sponsor of item number 61. That'll take us to council member Velasquez, followed by council member Ryan alter. >> Thank you mayor. [11:17:35 AM] >> Thank you mayor. >> Thank you mayor. Sorry, I was just going to scream on, I mean, because I know they can hear me even without my item 63, I wanted to take a quick second to express my appreciation to my dear friend, council member harper-madison, for bringing this item forward and bringing me on as a co-sponsor. Organizations like our lady of Guadalupe, shout out to my olg family are integral to our community, and the Micah that we're sponsoring today is a long standing east Austin tradition that fosters community spirit, cultural heritage, and family engagement. I know we see fee waivers like this all the time on this dais, every every council meeting, and I'm thankful that the city has we have opportunities to reduce financial burdens on local organizations. Any chance we get to support organizations such as these is a benefit to our community as a whole, and I'm appreciative for council for the thoughtful consideration on these measures that strengthen community ties. On item 65. I wasn't able to be here at city [11:18:35 AM] wasn't able to be here at city hall on Tuesday. As you all recall, the cedar was beaten me up a bit, so I just wanted to take a moment to thank my colleague, council member Alison alter, not only for bringing this forward, but for her tireless dedication to the city of Austin and particularly our outdoor spaces. I'm thankful to have the opportunity to support this resolution that seeks to improve access for more austinites to enjoy, celebrate and protect our local natural environment. And finally, item 67. I'd like to thank the other hosts on the dais, council member vela and his team, for bringing this item forward and giving district three the opportunity to collaborate and support it. I know our colleagues at Raley Austin have been waiting a long time to get going on this, and they are valued partners and do amazing, amazing work. We all know that that affordable exhibition, performance and workspace for artists is increasingly difficult to find and keep and hold on to. So I'm thankful that we're able to move on this and offer an opportunity for those needs to be met. I look forward to seeing how our talented local [11:19:36 AM] to seeing how our talented local creatives use it to come and enrich the culture here in Austin, Texas. >> Thank you, thank you. Council member, council member Ryan alter, thank you very much. >> I just also wanted to be added as a co-sponsor to item 67. Council member Bayless item. >> Without objection, council member Ryan alter will be added as a co-sponsor of item number 67. >> Thank you very much. >> Thank you. Members. That appears to be all of the discussion on the consent agenda. The motion was made and seconded. Let me ask if there's anyone that wishes to be shown abstaining from a vote on an item on the consent agenda, is there anyone wishing to shown recusing themselves from a vote on any item on the consent agenda? Yes. >> Council member I was waiting till you got to. No. >> Okay. I just saw you hit your light. So. It may be the last meeting, but she's still. It's fast hitting that light. And so we'll I'll go to the, the noes. >> I had considered voting no on several items on this agenda, but as it's my last meeting in [11:20:38 AM] but as it's my last meeting in good faith and goodwill, I will be voting yes on every item. >> Ho ho ho! Thank you, council member. Is there anyone wishing to be shown voting no on an item on the consent agenda? As the motion was made and seconded? That being the case, without objection, the consent agenda is adopted. Members, I will without objection, we will recess the meeting of the Austin city council at 11:21 A.M. So that we can take up the Austin housing finance corporation board of directors meeting I will now call back to order the Austin city council meeting, which was in recess, so that we could conduct the board of directors meeting of the Austin housing finance corporation. We will now go to the pulled items that were pulled from the consent agenda. Members. It's 1130. We have a 12:00 time. Certain of public communication. So without objection, what what I would suggest we do is we take up items 38 and 57 and then take up item number two so that we can have a concentrated work on the general plan and not break it up, you know, by over an hour. So with that I will call up item number 38. I'm going to recognize council member Vila and council member zo qadri, council member Vila first and then council member zo qadri, because they're the ones that pulled the item. What I'll do is as soon as they've made comments about the pulling of the item, is then seek an amendment on the item. I'm sorry, seek a motion to approve the item, and then I anticipate that there will be an offer of an amendment. So, council member Vila. >> Thank you. Mayor. I just wanted to daylight this amendment essentially would [11:30:49 AM] amendment essentially would support legislation that would add a writer member to the capital metro board. It's a discussion that we've been having at capital metro. I do think that we need a little more process on this and more discussion with capital metro, but I just wanted to let folks know that that this is under discussion. And I do hope to add a writer member in some capacity to the board to make sure that we have that in person kind of street experience, able to advise us as we make policy decisions on the board. I look forward to working on this over the next month or so, but I'm going to go ahead and pull the amendment for now. Thank you, mayor. >> Thank you. Councilmember. Councilmember zo qadri, do you wish to speak now or wait till you offer your amendment? >> I'll wait until after. >> Okay. In that case, council member Vila, can I recognize you with your comments? And having pulled the item to make the motion to approve item number [11:31:50 AM] motion to approve item number 38, council member Vila, will you make the motion to approve item number 38? So moved as motion's been made. Is there a second to the motion? Seconded by council member Ellis. We do have speakers on this item. So what I'm going to do is now ask for the clerk to call up the speakers on item number 38. And then we will go to any proposed amendments by council member zo qadri. >> Thank you mayor. We have two speakers, Alexander stringer and William bunch. Are either of you here? Mr. Bunch, are you going to speak? >> Mr. Bunch, are you coming forward okay? >> Thank you, mayor, council members for your service. Bill bunch, district five. I mostly support your state legislative [11:32:52 AM] support your state legislative agenda, especially, of course, your repeated statements here to defend our local home rule control, especially in protecting our environment, our water, our wildlife, managing land use and transportation. I wanted to highlight, though, and perhaps object to one statement. This is at the top of section on tax reform and debt issuance, and it basically calls for protecting your authority as local officials for managing revenue, revenue expansion. And expenditures. You all have gotten way too liberal with approving massive amounts of debt without voter approval. I recognize that there are [11:33:53 AM] recognize that there are arguments, and some of them are good. That state law now lets you ignore our city charter. That that city charter requires you to put debt financing of large projects on the ballot for voters to consider and approve. And even though you might argue and the state law might allow you to not do that, you really should, as a matter of good public policy, the incredible amount of debt you're piling up for projects that we don't need that are even harmful, or that we don't need right now. And I'll just highlight one your $1.1 billion approval for expanding the walnut creek wastewater treatment plant that does not need to be approved anytime soon, and should go to the voters. Thank you. >> Thank you, Mr. Bunch. >> Mayor. [11:34:54 AM] >> Mayor. >> All speakers have been called for this item. >> Members. Those are all the speakers on item number 38. We have a motion and a second on item number 38. The chair recognizes council member zo qadri members. You have a yellow sheet in front of you, which is a proposed motion to amend item number 38. And I recognize council member zo qadri to discuss and move approval of his amendment. Great. >> Thank you, mayor, to prepare to adopt our city's state legislative agenda. Our office reviewed the bills pre filed by members of our local delegation to find legislation that aligns with our values that weren't already covered by the agenda, and I was happy to see that many of our priorities are already aligned. But we identified three good bills that fell outside of the scope of the current agenda. And those were senate bill 73 by senator Judith zaffirini, house bill 446 by representative lulu flores, and house bill 1099 by my state rep representative Cheryl Cole. These bills provide greater transparency into unfunded mandates passed by the [11:35:54 AM] unfunded mandates passed by the state and protections against extreme heat for workers and tenants, respectively, and this amendment makes sure that we can now advocate for these issues to at the state capitol. And I just wanted to thank Carrie and her team, Rick and Allison, who were on a call with us very late last night. So I appreciate y'all's insight. And with that, I move to move what I think is a great amendment. >> Well, that probably gets a debate now. No council member zo qadri moves approval of the motion to amend item number 38. Zo qadri motion to amend it, seconded by the mayor pro tem. Is there discussion on the motion to amend? Discussion on the motion to amend without objection, zo qadri motion to amend item number 38 is adopted. That will take us back to the main motion, which is item number 38, as amended by the zo qadri amendment. Is there discussion on item number 38, as amended? Without objection. Item number 38, as amended, is adopted. That will take us now [11:36:54 AM] adopted. That will take us now to item number 57. And I'll recognize council member Ellis as the person who pulled item number 57 to discuss item number 57. And we will treat that the same way. If there's a if there's a motion to amend, we will take a motion, get a main motion, and then we'll go to a motion to amend. Council member Ellis. >> Thank you mayor. There's no motion to amend. I just wanted to have a brief dialog with someone from transportation. I don't know if that's director Mendoza or another. I see director Mendoza coming up. >> Yep. He's moving, but he's in congestion. >> We have a full audience today. >> He's getting past the congestion. Oh, now he's free. >> I forgot my clicker. Yeah, yeah, yeah. Come on. >> I just wanted to briefly discuss the. There is a revised memo that we all received. I just wanted to briefly talk about, you know, these are dollars that we're hoping to bring down from campo. And can you talk about these the red [11:37:55 AM] you talk about these the red lines that are put on this one, the couple of projects that were added to the memo, the Johnny Morris and the oak hill Menchaca additions. Yes, ma'am. >> And so rich Mendoza, director of transportation and public works. And thank you for the opportunity to talk about this grant application with campo. So this is the transportation alternatives grant call, as well as the new program carbon reduction. And initially when we evaluated the scoring criteria that campo put forth, we put together what we felt would be the strongest, highest scoring projects. And this year they changed the criteria somewhat and they were given higher priority to either design or construction. In terms of the design projects, they are looking for, projects that have been vetted through a validity process to make sure they're constructible. In the past, they've awarded projects that have then encountered issues out [11:38:57 AM] have then encountered issues out in the field and have taken a long time to implement. So they're looking to move the dollars a lot quicker in construction. Of course, we're looking for shovel ready projects. This program region wide is about 68 million, so there's not a great number of funds available across the participating agencies. But we felt that a 20 million number was a representative of the size of Austin and a fair contributor. Initially, we put together a proposed list of projects around the signal prioritization for the bus. Rapid transit routes that have are further along in design. And I guess, scoping. And those were the I believe, the decker bus rapid transit route, as well as the one down pleasant valley, the bus rapid transit routes that are planned for south manchaca out to oak hill. We are a little bit behind in [11:39:57 AM] a little bit behind in development. However, when we relooked at that and then discussing with my technical staff, I felt that we could have them in a good place to be competitive. So the red lines underneath the signal, prioritization and technology improvements are going to capture the manchaca and oak hill plan bus rapid transit routes. In terms of the safe routes to school. Similarly, they're looking for projects that are either been vetted for feasibility or ready to go to construction. There's also additional criteria in there that scores higher for areas within the city that are historically underserved, the equity component. And so for that reason, the proposed set of projects we have primarily in the eastern crescent of the city, but that does not what that does is if we're successfully able to supplement funding for those areas, it frees up funding for the rest of [11:40:59 AM] frees up funding for the rest of the city, and the matching funds will come from prior bonds. In discussions with the Barbara Jordan school, I understood that there was additional opportunities for safe routes improvements beyond just what we originally presented as sidewalks. We're also going to be partnering with Austin water on a water line replacement on Johnny Morris, and we can take that opportunity to improve the roadway and put much needed sidewalk infrastructure there. The missing parts of that were a fb and crosswalk improvement, which would be perfect candidates for this type of funding. And for that reason, I amended the memo to make sure we capture those scope items as part of the Barbara Jordan safe routes to school project. >> I really appreciate that. I know in particular with the oak hill rapid line, there is highway construction currently happening. And so over the past couple of years, there's been a lot of dialog around when is the appropriate time to make sure that we have some of those finer details and schematics and [11:42:00 AM] details and schematics and understanding of how a rapid line and a highway expansion project can how do they work together? How do they conflict with each other at different times? I do think the transportation alternatives set aside program and carbon reduction program are they're extremely useful, as we've heard from a number of speakers today. It's how how many dollars does the city have to allocate for transportation projects, and how can we best leverage dollars that are coming in from the state and federal level for these different programs? And I think the transportation administration, as it's been operating for the past couple of years, have been really creative with things like vision zero and safe routes to school and things like that. So I know I have always advocated trying to pull those dollars down as much as possible so that we can stretch stretch our tax dollars further and further every year to best serve our community. And so I appreciate these being added in, and just wanted to kind of have that understanding of how that process works and, and things like that. I know I didn't specifically ask about Johnny Morris, but I think it had triggered something in another project that might be available. [11:43:00 AM] project that might be available. And so I just appreciate y'all being creative and trying to bring those dollars down for us. >> Certainly. >> Thank thank you, councilmember. Councilmember Fuentes, thank you, director Mendoza. >> So just to be clear, on the grant application submission, you talked about some of the rapid lines that are going to be included, including rapid line 800 or pleasant valley line, which is a brand new line or will have enhancements that opens up next year. Are those improvements included in and prioritize? Like will we have those fully funded with the signal and the camera enhancements? >> So this funding will provide supplemental funding to provide. We're working in partnership with atp or with capmetro to affect the transit prioritization within our signal network, and then tie that into our our mobility management center. So with this funding that will help move that further along to completion. [11:44:02 AM] along to completion. >> Okay. But we're ensuring that that these rapid lines are already in progress. If they're going to have the full enhancements prioritized and included, and then if there's additional funds available, then we bring in the oak hill Menchaca line. Is that right? >> So I expect that right now, the funding that we're going to request is, is a preliminary estimate. And as we our technical staff evaluate each one of these specific intersections, it will have available funding between that and our match to meet these all these corridors listed on the application. >> Okay. >> So if I'm understanding this correctly, all three metro rapid lines will be included in the grant application. That is true to the mpo. We're not clear or certain to the extent that these dollars will be utilized to fund. And my particular interest in this is the pleasant valley [11:45:03 AM] in this is the pleasant valley line connecting our east side communities, that it's not we don't know if that will be fully covered. >> We expect that it will. Council member with this grant funding, and we also have prior bond funding for intersection improvements that we're partnering with capmetro on. >> Okay. >> But we have to go through the remainder of the engineering and cost estimates. Each intersection is unique and its needs. So our arterial management design engineers will be working closely with closely with capmetro as we scope these out and get these items out to bid. And we're we're fairly confident in the competitiveness of this grant. Ask so that we can affect the needed improvements for all three corridors. >> Yeah. I mean, since this line, the pleasant valley line is slated to open next year, I would just like to get an update on the status of those safety [11:46:04 AM] on the status of those safety enhancements along the route. I imagine that that's further along and totally understand us submitting a grant application to include other rapid lines that are upcoming and in the mix, and part of our community investments. I would just want to ensure that as we submit these applications, that we're prioritizing the investments that are coming online in the near term. >> Yes. And you'll also notice in the updated memo that I adjusted the grant application amount and I increased that expecting that incorporating the oak hill and Menchaca might bring additional costs to the program so that we can ensure that the existing ones in pleasant valley and out to our northeast Austin are preserved. >> Good deal. Thank you. >> You're welcome. Thank you, council member. Thank thank you, sir. Council member Ellis moves. Approval of item number 57 is seconded by council member zo qadri. Is there anyone signed up to speak on item number 57? >> There is not. [11:47:05 AM] >> There is not. >> Mayor. There's no one signed up to speak on item number 57. Is there any further discussion with regard to item number 57? Then without objection, item number 57 is approved with council member harper-madison temporarily off the dais. Members, with your indulgence, I'm going to go to a couple of other items that we can take up. Hopefully in a rapid fashion, and then get to our 12:00 time certain. What I would like to do is go to item number 72. Item number 72 is an eminent domain item and I let me first ask, is there anyone signed up to speak on item number 72? >> There is not. >> Mayor council member alter are you going to make a motion? Council member Alison alter you're recognized for a motion. >> I move approval. >> Council member Allison alter moves approval. Is there a second? Seconded by council member villa. Or do you wish to speak? >> Council member alter yeah, just real quickly. So I'm really excited that this item is on our [11:48:08 AM] excited that this item is on our agenda for my last meeting. This is an eminent domain case that is near the pennybacker bridge and the overlook. There is really an important acquisition for safety in district ten. The pennybacker bridge serves as an iconic symbol of central Texas. The scenic overlook at the bridge is very popular. You've all been there, but parking and access to this area presents some safety concerns. With the renovations of 360, it's even going to be more of a problem. And so this acquisition is allowing us to provide safe access to the pennybacker bridge overlook, and it will also allow txdot to build a large and safe parking zone. It will secure an easement for sidewalk, trail and recreational use that will expand the overlook area. Given some prior work that we have done in the area. And so I'm very excited that this process will be moving forward, and I hope that everything goes [11:49:08 AM] hope that everything goes smoothly so that our community can continue to enjoy that favorite spot that everyone has. Thank you. >> Thank you. Council member members. When council member alter and council member villa moved and seconded the motion on item number 72, the motion they made was. Since this is a nonconsent condemnation item is they made a motion to the effect that the city council of Austin authorizes the use of the power of eminent domain to acquire the property set forth in the. The matter described in the agenda for this meeting for the public use that was described therein. I know that everybody heard that, and I just want to make sure that our record reflects that. Council member alter, I will look to you and see if there's anything that you want to change about your motion. How about you, council member vela? All right. That is the motion. And I've read it into the record. Is there any further discussion on the motion? Without objection, item number 72 is adopted pursuant to the motion that I just read into the record members. I'm going to go to item number. 68. And I'll [11:50:08 AM] to item number. 68. And I'll recognize the chair of the housing and planning committee to make a motion with regard to item number 68. This is we're taking up a couple of the items from council committees. >> And I'll take it. >> Mr. Mayor, I just had to get oriented. >> I get it, I'm moving around and I understand that. So no problem for the so that people can be prepared. Council member Alison alter I'll be coming to item 69 next. Item number 68. Council member harper-madison. >> Thank you, Mr. Mayor. I move that we initiate rezoning for whisper valley. For those who don't know, it's a it's in district one. It's sort of the on the further side of district one moving east up towards manor road. >> Councilmember harper-madison moves approval of item number 68. It is seconded by the mayor pro tem. Is there anyone signed up to speak on this item? >> No. >> Mayor. Is there any further discussion with regard to item number 68? Without objection, item number 68 is adopted. Item [11:51:10 AM] item number 68 is adopted. Item number 16, the chair calls up item number 69 and recognizes the chair of the audit and finance committee, councilmember Allison alter, for a motion on item number 69, I move approval of item 69, which reappoints doctor Kelly crook to the city of Austin employees retirement system board of trustees members. You've heard the motion. Is there a second? It's seconded by the mayor pro tem. Is there anyone signed up to speak on item number 69? >> No, mayor. >> There being no one signed up to speak on item 69, I'll ask, is there any further discussion? Item number 69. There being none without objection. Item number 69 is approved. Members, I'm going to go to item number 78, which is a public hearing. And I without objection, we will open the public hearing on item number 78. I'll ask the clerk, is there anyone signed up to speak on item number 78? >> There is not members. >> There's no one signed up to speak on item number 78. I'll entertain a motion to approve item number 78 made by the mayor pro tem. Is there a second on [11:52:11 AM] pro tem. Is there a second on item number 78? With regard made? The second is made by council member harper-madison. Is there any discussion on item number 78? Without objection, item number 78 is adopted. We will now go to item number 70. Item number 79. Without objection, we will open the public hearing on item number 79. The public hearing is open. Is there anyone signed up to speak on item number 79? >> No, mayor, there's not. >> There's no one signed up to speak on item number 79. Without objection, we will close the public hearing. The public hearing is closed. Is there a motion on item number 79? With regard to approval of the ordinance, the mayor pro tem moves approval of the ordinance on item number 79 is seconded by council member Ellis. Is there any discussion without objection? Item number 79 is adopted. Members. We will now go to item number 139. That's a public hearing. Without [11:53:11 AM] public hearing. Without objection, we will open the public hearing on item number 139. The public hearing is now open. Madam clerk, is there anyone signed up to speak at this public hearing? >> No, mayor. >> There is no one signed up to speak on that public hearing on item number 139. So without objection, we will close the public hearing. The public hearing is now closed, and I'll entertain a motion to authorize the ordinance. Council member Ryan alter moves approval. It is seconded by council member Fuentes. Is there any discussion with regard to item number 139? Without objection, item number 139 is approved. I'm going to go back to item number 76. Item number 76 is a public hearing. Without objection, we will open the public hearing on item number 76. The public hearing is now open, and I'll turn to the city clerk. For anyone that has signed up on item number 76, we do have one speaker, Susan Harris. Miss Harris, if you'd [11:54:12 AM] Harris. Miss Harris, if you'd please come forward. Welcome. >> Thank you. Mayor, council. >> I'm Susan Harris. I'm the property owner that is the subject of this case. This property was included in a 96 acre area in a petition by others calling, asking the city to call an election for the removal of that 96 acres from the etj. Our property was included without notice to us, without our consent, and entirely against our wishes. And after a steep learning curve and much strategizing, we decided that under senate bill 2038, which is the bill that's harming us in this case, we would use that to protect ourselves. And we petitioned the city to release our property voluntarily [11:55:13 AM] release our property voluntarily from the etj so that following the election, which you approved because you had no choice, that we would ask the city to rejoin us into the etj. That's the motion that's before you today. And I, with your affirmative action, to rejoin this property to the etj, we will be restored to the status that we had prior to the election, which was called by folks who have no interest, financial or otherwise, in our property. Thank you. >> Thank you members. Those are all the people that have signed up to speak at the public hearing on item number 76. So without objection, we will close the public hearing on item number 76. That public hearing is now closed. The mayor pro tem moves approval of item number 76 as requested by the one speaker. Is there a second? Seconded by council member Ryan alter. Discussion. Yes. [11:56:14 AM] Discussion. Yes. >> Council member Fuentes. Yes. >> I just want to thank the resident for coming to us to share a little bit more context about this item and just want to underscore the impacts of that legislation and what it's had on communities across our state. And this is it's unfortunate that you had to undertake such a process to get re annexed into the city's etj and that you had to go through this. And so I just want to appreciate your your time and your interest and just really put a spotlight on this harmful legislation. >> Yes. Thank you. Further discussion. Thank you, councilmember Fuentes. Without objection. Item number 76 is approved. Members, I'm going to take us back to item number 74. This is also a public hearing. Without objection, we will open the public hearing on item number 74. The public hearing is open, and I will turn to the city clerk. For people that have signed up to speak. >> Thank you. Mayor. We have one speaker, Sharon Blythe. [11:57:14 AM] speaker, Sharon Blythe. >> I'm Sharon Blythe. I'm a I'm a resident of district six. >> This is regarding protecting people that are visiting emergency rooms and hospitals in Texas from people mistakenly hitting the accelerator and not the brake, and crashing through emergency rooms and hurting and killing people with just an accident. This is to protect the residents as well as the employees of the hospital. And there is no reason for this not to pass because it's a protection of the public for people, just sick people that are going to the emergency room. They may hit the accelerator instead of instead of the brake. [11:58:15 AM] instead of instead of the brake. So I appreciate your consideration and passing this item. Thank you, thank you. >> Sorry. Those are all the speakers. >> Mayor members. >> There are no further speakers for this public hearing on item number 74. Without objection, we will close the public hearing on item number 74. The public hearing is now closed. I'm going to recognize it's my understanding. I'm going to recognize council member Kelly. Actually, I'll recognize council member zo qadri for a motion and then recognize council member Kelly. And if anybody else, please let me know that you wish to speak. Council member zo qadri great. >> Thank you, mayor. And I want to thank councilmember Kelly and her office for their work on this item. But because the item hadn't had a chance to go to the planning commission, and I know they wanted to weigh in after after talking to some folks, and there were still some questions remaining about how it applies to different facilities. I really want to make sure we get the best possible policy with [11:59:16 AM] the best possible policy with just a little bit more time. So, you know, with the with the intent and the hard work that was put in is fully realized. So I'm, I'm pushing to postpone this this item, the motion is made to postpone the item. >> Do you have a date? >> Let's say January 30th. >> Yeah. The motion is to postpone item number 74 until January 30th. It's seconded by the mayor pro tem discussion. Council member Kelly. Yeah. >> You know, the postponement request comes as a surprise to me. This item passed unanimously out of a result of the work that myself and my co-sponsors did several months ago following that horrific crash at a local hospital. And I just I fully understand and appreciate that the planning commission had questions and concerns and wanted to fully settle this out. But what I would say to that is that the item itself was narrow in scope specifically to address this concern. I felt at the time, and as my co-sponsors did, [12:00:16 PM] time, and as my co-sponsors did, that if we had broadened the scope of this policy before we brought it to council to pass, before an ordinance was brought back, that it would be less likely to pass because it would impact it could potentially impact small business owners, and they might not be able to bear the cost of installing these crash tested safety bollards. I firmly believe that the action that we take today, and if we were to pass this item, would help future hospital builds and ensure the safety of our community. I also feel deeply that we're at a place where the planning commission did not have to make a recommendation on this item, and if it were up to the will of the next council, then they would be able to explore options to expand this if they thought it was necessary. But we have in front of us today an ordinance based on a policy that this entire current diocese passed, and I would like to see it come [12:01:18 PM] and I would like to see it come to fruition today. >> Thank you. >> Thank you. Council member. Further discussion with regard to the motion on item number 74 and for clarity purposes, the motion is to postpone the item for consideration until January 30th, 2025. >> Councilmember Allison alter yes, I had a question for council member zo qadri about the scope of what the concerns are. If it's broadening it to apply to more places, or if it's a concern about how it is drafted, I guess both. >> So I just wanted to kind of get a lot of these questions answered. And hopefully in the next month, plus we would be able to do that. >> So is it I mean, because there's a difference between whether it's, you know, we think this is such a good idea. We want to expand it to more places, or we think it's the application of the places that it would, would, would, would be brought into and making sure that there's not any unintended, [12:02:18 PM] that there's not any unintended, you know, or effects. Okay, I'm not going to support the postponement in this case because I think this was narrowly written to apply and that there are challenges if you apply this more broadly, that are going to require a lot more engagement and work than was intended, and this is a need that we have for the many facilities that are being built right now. >> Thank you. Councilmember. Further discussion. Yes, councilmember Kelly, I'll let you I just again want to reiterate, I had an opportunity to watch the planning commission. >> I think that they bring up very salient points. But again, if their intention is to broaden this, that is a separate discussion. That is not germane, in my opinion, to the action that this body took in ensuring that this ordinance would come back. And I would encourage this body if in the future they feel that there is a need for a broadening of the scope of the [12:03:20 PM] broadening of the scope of the ordinance that's before us today. That is a valiant effort, and I would encourage that while I'm watching from home on my couch eating popcorn. But right now, today, we have the ability to affect a very serious change to our hospitals and emergency rooms, where there are individuals who experience medical crises. And I think that it would be an absolute travesty for us not to vote today in favor of this item and to postpone it and kick it down the road further, where in the next 30 days or so, when this is brought back up because of a lack of effort, we could experience another horrible tragedy. So I would encourage my council colleagues today to vote against the postponement and in favor of passing this before us today. And I want to also appreciate the work of our great professional city staff that went out and did a lot of outreach to the hospitals that [12:04:21 PM] outreach to the hospitals that would be affected by this, potentially in the future. I want to thank the community for their input, and I want to thank the Bernard family for their courage to speak up and to talk about their experience, which is why, in part, I brought this forward to prevent further tragedy. Thank you. >> Thank you, councilmember zo qadri, I recognize you to close on the motion. >> Yeah, just kind of want to, you know, once again, thank councilmember Kelly on the item. But I think for me and some folks I've talked to, I think it's about, you know, we don't know what it necessarily means for renovations and rebuilds. We know what it means for, for, for, for, you know, the current structures, but not renovations or rebuilds. And, you know, I think not having had the chance to talk to hospital systems and standalone service systems about how it would impact their feasibility of entrance during emergencies are my concerns and that's it. >> Thank you. Recognized him to close with that. Oh, I'm sorry, [12:05:21 PM] close with that. Oh, I'm sorry, council member Ellis. I didn't realize you wanted to speak. >> I'm sorry. I just appreciate the dialog. And I think that there could be some benefit in moving forward with this today. Understanding the planning commission may have some really, really great input about different applications and other sorts of criteria that are going to be important to this conversation. But I think that with this one being so narrowly tailored, I think there's no reason why we can't move forward today, but also let the planning commission figure out if there needs to be other applications and expansions of this type of program along the way. >> With that there being no further discussion, all those in favor of the motion to postpone to January 30th, 2025, raise your hand. All those opposed, raise your hand. There being seven opposed and the remainder voting in favor. [12:06:24 PM] the remainder voting in favor. Then the motion to postpone fails those voting no, for the record, are Kelly out. Council members Kelly Allison alter, council member Ellis harper-madison vela, Ryan alter and the mayor. Did I get that correct? All right, so the motion fails. I'll recognize councilmember Kelly for a any additional motion on item 74. >> I'd like to make a motion to pass item 74. >> Motion has been made to adopt item number 74. Is there a second? Seconded by councilmember Allison alter. Is there further discussion on item number 74? I'm going to say it without objection. Item number 74 is adopted. But if someone wishes to be shown voting no, please let me know. Without objection. Item number 74 is adopted members that will take us now to our 12:00 time certain, which is our public [12:07:26 PM] certain, which is our public communication. For those in the public that are watching what's going on and trying to coordinate your time. And for the council, the way I see this going is it's a it's about it's 1208. This usually takes about 30 minutes this time certain. So I would say 1240 is what time we should finish this. At that point we will recess so that we can have live music. I would anticipate that what we would do is we would come back at around, we would recess until around 115. We will come back at 115. At which point my recommendation would be to take up item number two, which is the generation plan. So for those that are trying to coordinate your time, that's what what I would suggest we go forward with that. We will now go to our 12:00 time certain. For those of you all that have signed up to be [12:08:26 PM] that have signed up to be speakers on the 12:00 time, certain you know what order your name is listed, so I would please ask that you come ahead and get where you're in a position to give your public comment. However, the city clerk will call your name out in order and ask you to come forward, and you will have the opportunity to make public comment. Rabbi, you're first. So if you want to make your way to the podium, I will then turn to the city clerk and ask her to start calling names. If you're in the chambers, if you're in the chambers and you're not standing where the rabbi is standing, you shouldn't be talking. So, rabbi, it's your turn to talk. >> Good afternoon. I'm here this afternoon to thank you, particularly those who will be shortly leaving this council for your steadfast refusal to consider a cease fire resolution, despite months of tremendous pressure and sometimes even profane [12:09:28 PM] sometimes even profane invective, the members of this council have been repeatedly and loudly accused of being complicit in genocide and to being indifferent to the suffering of innocent Palestinian women and children. Because of your refusal to take up such a resolution. The truth is that I am very certain all of you, as well as the other folks that I know of in the jewish community, share the desire for the cessation of hostilities and are pained by the suffering and destruction in Israel, in gaza and Lebanon over these past 14 months, our community's concern about a cease fire resolution, however, has been that the objective of those who have pressed for such a resolution in this chamber extends beyond a mere desire for a cessation of hostilities. >> Rather, this has been a sustained effort to cast blame on Israel as the sole [12:10:29 PM] on Israel as the sole perpetrator of violence, and to utilize such a resolution as a stepping stone to enlisting Austin among those cities who reject the legitimacy of the state of Israel as a jewish state, and to make Austin a place that is hostile to zionists and zionism. As I have listened over these past few months, what is most striking and puzzling to me is that rarely, if ever, is the immediate cause of the current conflict addressed hamas's murder of over 1200 Israelis on October 7th, the capture of military and civilian hostages, including Americans. Likewise, few words of criticism have been uttered over hamas's cynical and cowardly strategy of placing military installations below mosques, schools, hospitals and apartment buildings, or that hamas, as well as the Israeli government, have been resisting efforts for a cease fire. As a supporter of the state of Israel, my primary concern lies with the safe return of the [12:11:30 PM] with the safe return of the remaining hostages and the security of the state. Nonetheless, I am pained by the suffering of the Palestinian people and have deep concerns about how this war has been conducted and the heavy toll it has taken on both Palestinians and Israelis since the outbreak of this war. I would have hoped that instead of expressions of anger, blame and invective, we might have come to a common place of recognition of mutual pain and anxiety, to mourn than to hope. The book of genesis tells us that when our common ancestor Abraham died, that both of his sons, Ishmael and Isaac, came together as brothers to bury and mourn their father, the same occurred between Jacob and Esau when Isaac died. My hope is that we might follow their example and work towards a just future. [12:12:30 PM] future. >> Thank you. I'm sorry. Rabbi. Great. Thank you very much. Appreciate you being here. >> Thank you. Next speaker is Sharon van. >> Hello, I'm Sharon van, and I know many of you from assorted advocacy efforts, but today I'm here to speak solely for myself and my family. It's a family that includes holocaust survivors. A family that has worked in multiple Progressive spaces for lasting peace in Israel and palestine, and a family that is eager for a deal to bring all hostages home, particularly our family member. Oded, 84. You have seen deep anger, pain and fear here, fueled by a proposed cease fire resolution. It is clear, and I appreciate it, that regardless of your personal stances, the current council will not bring forth a resolution. I speak now to the next iteration of council with its newly elected members. I hope that 2025 will no longer [12:13:32 PM] I hope that 2025 will no longer see discussion in this chamber around a resolution, particularly since good faith efforts to reach a compromise have failed. At the same time, we must recognize this resolution's ripple effects the loudest, must own, most uncompromising voices supporting a resolution are also advocating across the city for an uncompromising litmus test for civic participation. We see the push for Austin to stop any investment in Israel. We see the push for south by southwest to drop sponsors. We see the push for Austin pride to use bds criteria to screen sponsors, which effectively prohibits area synagogues from continuing their longtime sponsorships. We see the push for Israeli or for Austin businesses to pull Israeli products and display posters that delegitimize Israel. We see the push to drop [12:14:33 PM] Israel. We see the push to drop our local adl office from the city's anti-hate campaign and remove the no place for hate program from city schools. We see the graffiti targeting UT's jewish student center, austinites who merely believe in Austin and Israel's right to exist cannot be erased and excluded from civic life, and there is deep repair work to be done that I hope remains possible. Thank you. >> Thank you. >> Next speaker is Ari Hoffman. And I believe I believe, actually, mayor, that speaker notified us this morning they're not going to be speaking today. Next speaker is a remote speaker. Michael Bartz bartelme. One moment. >> That is my name. That is the correct pronunciation. Thank you. Thank you for having me. I want to speak about the south [12:15:33 PM] want to speak about the south zone development on Dittmer road near my neighborhood, and I went out and got signatures from 55 residents in my neighborhood, specifically speaking to the issues here. Many members of our community have expressed concerns about this abandoned development, and since construction halted well over a year ago, it's become a site of vandalism and widespread illegal dumping, creating unsafe conditions for nearby neighborhoods. There's evidence of hazardous chemicals being dumped there, as well as spent and live bullet casings on the site. Multiple stories have been written and reported on about this development and the disrepair it has fallen under over the past 6 to 8 months. Many of us have contacted code compliance 311 Austin pd seeking a resolution, but we've been told the site can only mediate the site. The city can only mediate a fine to the developer. And while we've been told there is a sale in the work, we have to do more because that sale could take months before this site is actually secured. We've been told they have attempted to add cameras to avoid further dumping and vandalism, and prevent the possibility of squatters in the in the abandoned homes. But even still, the cameras seem to have been [12:16:34 PM] the cameras seem to have been taken offline, or they've been destroyed, or they've been vandalized themselves by those continuing to dump and vandalize. We've done a few cleanings here and there, but it hasn't stopped the problem that continues to happen. And those spent a live bullet casings I mentioned were found as recently as last week. So while these fines haven't seemed to change anything, the cameras haven't seemed to change anything. At some point, we have to revisit the definition of insanity and ask, why do we keep doing the same thing and expect a different result? At minimum, we would request a regular patrol of this development to prevent this further dumping. Regularly scheduled cleanup, locking the actual site to keep people from dumping on the site, cameras with maintenance and replacements done on a regular basis, and a fast track of the updated site plan that would allow the developer who did go into bankruptcy to allow that sale and demolition of the current project so new development can take place. This development is one mile from an elementary school. It is less than one mile from a local city park, and the continued dumping on this site is a danger to [12:17:35 PM] on this site is a danger to residents in this area and we need to do more to secure it. Thank you. >> Thank you. >> Next speaker is Richard Victor Ann. Followed by Joseph Reina and Paul Robbins. >> If your name's been called, please come forward and please state your name for the record. >> Joseph arena. Good afternoon, mayor Watson and council members. Council members. My name is Joseph Reina. I come before you today as an advocate, as a student at Austin community college, and as someone who has faced the sharp edge of displacement. But I'm here also as a believer in the resilience of this city and the creativity of its people, and in the power of bold ideas to turn challenges into opportunities. Today, I share with you two initiatives zenbox and pop up plaza. These are not just projects, they are [12:18:37 PM] are not just projects, they are blueprints for a city that lifts up its people and unlocks the potential of every neighborhood, every corner, and every forgotten place. Zenbox is a foundation for hope. Imagine losing everything, not just your home, but the stability and safety it provides for too many austinites. This isn't just hypothetical, it's their reality. Zenbox is a Japanese capsule hotel designed by a world renowned architectural firm, and this is a chance to rewrite that story for $300 a month. That's $10 a day. If you can imagine a one hour of work. Zenbox offers more than just a roof over someone's head. It's a lifeline for veterans rebuilding their lives, survivors of abuse, seeking safety, students pursuing dreams that they thought were out of reach. It's a place where people can take their first steps back toward stability and dignity. This is about more than shelter. It brings services, mental health care, job training, addiction recovery directly to its residents. It's inspired by Finland's housing first model, a proven system that reduces homelessness and restores dignity. Zenbox is a promise [12:19:39 PM] dignity. Zenbox is a promise that no one in Austin should be left behind. But with your partnership, we can house hundreds in this pilot phase, setting the foundation for a scalable, sustainable solution that transforms, lives and strengthens our city. Pop up plaza. Imagine the corners of Austin that could have been the small businesses that didn't open, the jobs that were never created, and the communities that stayed stagnant, all because of outdated permitting systems and unnecessary delays. Pop up plaza is our answer, and at its core, it's a digital permit system that clears the red tape, enabling small businesses and developers to thrive. But at core, it's more than just efficiency. Pop up plaza transforms underutilized spaces into vibrant hubs of culture and commerce. Places where neighborhoods come alive, where local businesses flourish and were forgotten. Corners become the beating heart of our city. It's about unlocking the potential of Austin, not just for a select few, but for everyone. Austin stands at a crossroads. Every day we wait. Another family loses their home. Another business gives up on the city. Another opportunity slips [12:20:39 PM] city. Another opportunity slips through our fingers. But we have the tools to change that. The technology is here now to create a city where no one is just left behind, where innovation meets compassion, and where progress is a shared journey. Zenbox and papa plaza are not just shared solutions, they're the next steps towards a city that lives up to its promise. What we're asking for is a pid to ensure long term affordability and sustainability. For zenbox to pilot pop up plazas, permit pilot a targeted employment zone and a pro housing grant. I will send emails and follow up with you. I appreciate it. >> Thank you very much. Appreciate you doing that. >> Mr. Robbins, speaker, is Mr. Paul Robbins, followed by Stephanie serrano. >> Good afternoon. Council. Most of this will be about the Austin energy generation plan. I am the vice chair of the resource management commission. At our last meeting, we passed a 13 point resolution. Many of these [12:21:42 PM] point resolution. Many of these points are about. Are about individual technologies and programs rather than about local high level goals. I am asking council to take these up at their next meeting or at at one of their next meetings earlier this early in the next year. These include amendments to the energy code, pilot programs for virtual power plants, a study of ways to lower the cost of rooftop solar, and creation or expansion of conservation based electric rates. I will give one example. Austin currently has about ten megawatts of storage batteries in homes, and the [12:22:44 PM] batteries in homes, and the utility could tie these together as a virtual power plant to lower peak demand. Sounds simple, but there is no program to do this and there's no plan to implement such a program. And if council were to come back and say this program needs to be set up by X date, it would help your low carbon goals. Low carbon goals need programs to achieve them. So again, please bring this up earlier next year. Finally, on a completely different subject, a non sequitur, I'm asking Austin energy to abandon the X Twitter platform. There is no place for a city department to associate itself with an anti-social media outlet that seems to champion hate speech. Thank you for your [12:23:46 PM] hate speech. Thank you for your attention. >> Thank you, Mr. Robinson. >> Good afternoon. My name is Stephanie serrano. I'm a mother of two. I'm a firefighter. I'm an instructor for the for the fire academy in bastrop. And I was formerly a city of Austin lifeguard. On April 2nd, 2023, I reported to city of Austin supervisor, who I recently found out was under investigation for being sexually inappropriate with a female lifeguard that I wanted to make a formal complaint against a senior guard for inappropriate sexual relationship with a child, with a lifeguard for the city of Austin, and that I also contacted the police. I was told [12:24:49 PM] contacted the police. I was told by the supervisor not to worry and to pick up as many shifts as I needed. A few hours after I was told by this, by the same supervisor that I was being removed from the schedule and I was being investigated, while the person I made a complaint about stayed on and stayed on and is still currently working. About a month later, about a month later, I was called by the supervisor that I would no longer be working. I was told I was isolated from my friends and my coworkers and told that, and told that I was not allowed to speak to anybody for almost a month, and they had already made the decision that same day, according to emails that I had had recently only seen, too many young women have reported sexual allegations against supervisors and guards who have been there for a long time. Yet the only ones who are punished are the [12:25:49 PM] ones who are punished are the women and women guards that bring up these allegations. We need to do better. We need to protect these young people, especially since we have 15 year Olds that are there, there that are around these people. We need to stop rewarding these people and people who get reported on. We need better policies. If we're willing to have underage young adults to work for the city of Austin. Furthermore, we need to stop the retaliation against those who make formal complaints against others. Thank you, thank you. >> Next speaker is Joe Wiseman, followed by Scott Cobb. >> Hello, my name is Joe Wiseman. I'm a former lifeguard for the city of Boston. I'm also a former firefighter. I'm a 38 year old female. I have come here to help bring attention to [12:26:50 PM] here to help bring attention to issues within the city of Austin aquatics division. There are patterns of misogyny. There are a lot of young female guards who are being exploited, who do not have the Wright and advocacy. They need to be able to speak up for themselves, to have a safe and healthy work environment. I'm hoping to bring this to the attention of everyone here on the city council, including the city manager. We have tried going up the entire chain of command through the city of Austin aquatics division. There is a pattern of reports getting instead of being handled by upper management, they really just get bumped down to the lower management that are actually part of the problem. Hr doesn't really seem to have any interest in protecting the guards, really just protecting the city from any legal liability. I imagine this is very disheartening. As a middle aged woman, I hate seeing my [12:27:51 PM] aged woman, I hate seeing my fellow coworkers and female employees be able to be exploited, not being taken seriously. When we have things such as predators at our pools, when we have predators within the workforce, and there is a strong pattern of female employees being removed from the schedule and then reprimanded on, I mean, even things such as I had a coworker who had been threatened to be written up multiple times so that she would lose her job if she continued to speak up about the issues that she was experiencing with the manager directly above her. We have. We are all temporary employees. As lifeguards, we have very limited resources for what we can do to help protect ourselves and to and that's coming from me as a 38 year old who's been around for a little while. A lot of these kids are very young. They're very young. They don't know how to speak up for themselves. They don't know [12:28:52 PM] for themselves. They don't know when it's appropriate to speak up for themselves. They don't have a lot of support. And they're being told in our trainings that we can do things such as go to anyone within the chain of command. I can tell you that that chain of command is very corrupt, and there are very inadequate resources there to help support a lot of the young guards. I don't want to exclude males who may have issues, but in particular, I see a lot of exploitation of the young female guards. And there is a very predatory system going on within this division that needs to be seriously addressed by some adults who understand what that looks like, and that it's not appropriate to have that in anywhere in our city workforce, but especially at such a vulnerable demographic. Thank you. >> Thank you, councilmember Allison alter. Mr. Cobb, please feel free to come forward. But I want to recognize council member alter. >> Thank you. And council member Allison, I may be saying the same thing, but I would ask the city manager if you could please [12:29:53 PM] city manager if you could please have your staff. I know that acm hayden-howard who's over parks, is in the audience to speak to the three folks, including Mr. Cobb, who has come or somebody or miss means, you know, this has been an issue that Mr. Cobb has brought to our attention several times. And I had hoped that in the previous responses that we were going to be getting to the bottom of this and address it. And I just would ask that you, you make sure that your staff are taking these accusations seriously and that we create an environment where our lifeguards, as a former female lifeguard, a former lifeguard, I'm still female. I would, you know, just really like to underscore that it is a potentially precarious position for these young women, and we need to do better. >> Second, councilman Ralls, I agree with all of those points, and I know I've spoken with leadership within the department and with the police department, and so maybe we can get something online where we can [12:30:53 PM] something online where we can really create some sort of safety action plan. >> I've also been informed that there may be some inappropriate behavior by guests at the pool as well. And I want to make sure that we're doing everything we can to provide a safe environment for our lifeguards and other staff. >> Thank you both, Mr. Cobb. Hello. My name is Scott Cobb. I've worked as a lifeguard since 2011. I've seen a lot of things. I've seen a lot of issues not addressed. We met with Daniel pacaccio, the part hr, I guess director in January told me about four different cases for men around over 30, 35 involved with inappropriate behavior. Those four men are still working. Some of the cases were never investigated. Stephanie went to her supervisor. We found out through a public information request. She was that supervisor had her fired that very same [12:31:55 PM] had her fired that very same day. I've seen the emails that he sent to his supervisor. Turns out two lifeguards were mentioned in a complaint about that supervisor that he was requesting sexual favors from those two lifeguards. He was never investigated. I've seen the investigation. They claim we couldn't find the people that were mentioned in the database of former employees or former employees, even though I knew immediately who it was, they did not interview anybody. Zero. That is not the first time this has happened. It is a problem with how part hr and how main hr handles investigations. They do not interview anybody. Someone came to me and said told me about a case, someone supervisor or some level had sex on the [12:32:56 PM] or some level had sex on the desk at DPD. Wasn't investigated. They said we don't investigate stories. Any windows reports, even though they gave them the names of who who they could interview in order to find out whether that was true or not. I don't know if it's true or not. I do know if you don't investigate, people are a danger. I really feel afraid for the 1516 year Olds. Come. >> Coming in the summer. >> We're tired of waiting for something to be done. Public employees cannot go on strike. There's no law that says we cannot go to the media. We cannot go to the parents. We cannot go to the prospective employees, the 15, the parents with 15, 16, 17 year Olds and say, be afraid. Do not work [12:33:57 PM] say, be afraid. Do not work here. Your children are in danger. We will do that and we will affect the number of people who apply to be lifeguards, whether it's enough to close down some pools. We will see. Thank you for being here. >> Mayor. Those are all the speakers members. >> Those are all the people that have signed up to speak on our 12:00 time. Certain public communication so that people will know the order of business. We are getting ready to recess for live music, and I hope people will stay for our live music. We will recess until 115 is what I said earlier, so we'll go ahead and use 115 as the time that we will come back. At that time, we will take up item number 64, which is to reconsider item number 64, because there was a mistake in the names of the sponsors on that item. So all we need to do is reconsider that. Allow me to [12:34:58 PM] is reconsider that. Allow me to read into the record the actual names of the sponsors and then. So that ought to pass. We ought to be able to pass that pretty quickly, and then we will take up item number two, which is the Austin energy generation plan. And after that we will go to the tpid items, which are items 86, 75 and 87. And for those wondering why I would do it in that order, I do know the I do know that 75 comes before 86, but 86 has to be taken up, taken up with prior to 75. Then we will have the public hearing on 75, and then we will take up item number 87. My plan would be then to go to the nonconsent items, two more items from audit and finance, the remaining public hearings. And then we would go to the zoning items. Without objection, the Austin city council is in recess until 1:15 P.M. It is 12:36 P.M. I'm excited today we have a [12:50:38 PM] I'm excited today we have a great, great band to play for us. I'm joined by council member Natasha harper-madison so that I can introduce urban heat Austin. Of course, everybody knows Austin is known as the live music capital of the world, and I would venture to say that urban heat is one of our greatest exports. The band formed only five years ago, as when it was the brainchild of singer and multi- instrumentalist Jonathan Hausman has quickly become one of. Known for their very fiery live shows and infectious darkwave anthems that harken back to the 80s with a modern sensibility powered by the magnetic horsemen's melodic baritone vocals and the pummeling rhythm section of Kevin Naquin and Axel Foley, urban heat have won over over fans, show by show, by show appearances at major California festivals like cruel world and darker waves saw urban heat play to their biggest audiences yet, and their set pointed out as one [12:51:39 PM] and their set pointed out as one of the best of the day right here at home. Urban heat has long been the talk of south by southwest and graced the stage of the Austin city limits festival. Now, with the tower, we see the band at their absolute peak. Songs like the arena, ready, seven safe places and the intricately steady take it to your grave show. The band's sonic versatility. The latter, which best exemplifies the majority of the record, is about feelings of unworthiness and fears of self sabotage. Introspectiveness dots horseman's lyrics driving home its power and relatability. With a headlining show at los Angeles's famed el rey theater, a North American tour, a fall European tour with molchat doma that's already under their belt, urban heat is ready to show the world that anyone who has seen them already, what anyone is that has seen them already, really knows they're a band that is going to dominate the [12:52:40 PM] is going to dominate the airwaves for years to come. Together with council member harper-madison. Ladies and gentlemen, I introduce to you urban heat. The streets. >> But savor not the thrill. Transform to an ideal. >> An idea you cannot kill. An [12:53:41 PM] >> An idea you cannot kill. An idea you cannot kill. You. >> Sacrifice your masters. But savor. >> Not the thrill, the thrill. Transform to an idea. Take your energy. >> You cannot kill an idea. You cannot kill an idea. You cannot kill an idea. You can't kill an idea. >> You cannot kill. An optimized version. For the [12:54:51 PM] An optimized version. For the blood that you must spill. Transform to an idea. An idea. An idea. You cannot kill. An idea you cannot kill in the morning. You wait. For someone to give you permission. Beholden you waiting. Waiting for someone to give you permission. Beholding you. Waiting for someone to give you permission. Beholding you. Waiting for some wife, someone for someone to give you, give you. To give you permission. Staggered. Ready? Save. You're not a thrill. [12:55:53 PM] Save. You're not a thrill. Transform to an idea. That you cannot kill. Energy. >> You cannot kill an idea. You cannot kill an idea. >> You cannot kill an idea. You cannot kill an idea. You cannot, you cannot. The owner. Is waiting for someone to give you permission. The Harris you're waiting. Someone for someone for someone to give you. To give you permission. To. [12:57:08 PM] To. >> Ladies and gentlemen, urban heat. But I want to do now is ask. Ask all three of you to come up here. Be with us for a second. Why don't you step up here? Your microphone is too high for me. I got one set up here. Y'all come up here. Why don't you hold that? And I'm. We're again. I'm joined by council member harper-madison. I want to read this proclamation, be it known that whereas the city of Austin, Texas, is blessed with many creative musicians whose talent extends [12:58:09 PM] musicians whose talent extends to virtually every musical genre, and whereas our music scene thrives because Austin audiences support good music that's produced by legends, our local favorites and newcomers alike, and we are pleased to showcase and support our local artists. Now. Therefore, I, Kirk Watson, on behalf of the entire city council, as mayor of the live music capital of the world, Austin, Texas, do hereby proclaim December 12th, 2024 as urban heat day in Austin, Wu. Appreciate you all. >> Please. Thank you very much. >> Tell us a little bit about how we can follow you on social media, how we can hear you, where we might go to see you. Yeah. >> Hi. We are. It's urban heat band would be all the socials, Instagram, tiktok, all those things. It's at urban heat band. If you want to cashapp us, that's dollar sign. Urban heat band. We're playing tonight at [12:59:11 PM] band. We're playing tonight at elysium and then you'll have to catch us next year because we need to sleep. Ha! Urban heat. >> Thank y'all. That was great. >> Really appreciate you. The city council will be in recess until 115. Thanks, everybody. Thank you all. Take some pictures. Let's take some pictures real quick. Well good afternoon everybody. [1:14:54 PM] Well good afternoon everybody. It's 1:15 P.M. On December 12th, 2024 and I will call back to order the Austin city council at this regular meeting of the Austin city council members. As I indicated, when we recessed a little bit earlier, the first item we're going to take up is item number 64. And the reason we're taking that up is we have past item number 64 unanimously. But there was a mistake in the list of the sponsors of that item. So what I would like to do is entertain a motion to reconsider 64. Then I will read into the record the correct names so that we then can pass it correctly. And council member vela moves that we reconsider the vote by which item number 64 was adopted. It is seconded by council member harper-madison. Without objection, the motion is adopted and we will now call back up item number 64. Members. I would entertain a motion to [1:15:57 PM] I would entertain a motion to approve item number 64 with the following members of the council being listed as sponsors. Council members zo qadri Velasquez. Fuentes, Ryan, alter and harper-madison. Is there a motion motion made by council member Ryan alter and seconded by council member zo qadri? Is there any discussion without objection? Item number 64 is adopted that will now take us to item number two members. Item number two is the Austin energy generation plan. And what I'm going to do, the proposal I have is that I will call up staff for any brief comments they want to make. If council members since our work session have anything they want to ask or talk about, they will have the opportunity to do that. And then we will go to speakers at the conclusion of the speakers, as I indicated on [1:16:57 PM] the speakers, as I indicated on Tuesday, what I thought we would do is I will entertain a motion. A brought a motion to adopt the item, and then we will go to potential amendments on the item, and we'll worry about that when we get there. But you now have the microphone talk to us. >> Good afternoon, mayor and council. I'm Lisa martin, chief operating officer of Austin energy. Thank you for considering Austin energy's resource generation and climate protection plan to 2035. The 2035 plan provides a flexible path to a clean energy future, a path that reflects the community's core values of reliability, affordability, environmental sustainability and energy equity. We know it reflects the community because it was built in conjunction with them in our most robust community engagement process for any resource generation plan. The plan you have before you includes all of the amendments that passed by the electric utility commission, which recommended adoption of the plan [1:17:58 PM] recommended adoption of the plan by a vote of 9 to 1, with one abstention. The 2035 plan builds a bridge to our clean energy future. It recommits us to an industry leading goal of 100% carbon free by 2035. It prioritizes customer energy solutions and promotes reliability, affordability and sustainability. It protects our most vulnerable. It's resilient to extreme weather. It's flexible, it's innovative, and it's built to adapt to changing conditions. During Tuesday's work session, we had a robust conversation about this proposed resource generation plan. Thank you for your careful and thoughtful consideration and leadership. Since then, we've been available to work with each of your offices as you finalize your amendments to the plan. As you consider adoption, I want you to know that the plan provides the flexibility that Austin energy needs to meet our current and future challenges. It reflects our community's values and priorities, and it keeps Austin a leader on the [1:18:59 PM] keeps Austin a leader on the path to a carbon free future. Thank you, and we'll be around for questions if you have any thank you members, before we go to public comment on this item, does anybody have any questions you want to ask at this point? >> Okay. Thank you very much. I'll turn to the city clerk to help us navigate the speakers on item number two. >> Thank you. Mayor. First speaker is Jimena Fuentes Chavez. >> If your name's been called. Hello. Oh, there we go. Sorry. >> Sorry about that. No, I apologize, so I know a little bit about this item, but I do know that through the nonprofit, community powered atx, that this item has been suggested to not be passed as a local climate activist. Eileen Mcginnis counters that Austin can no longer afford to invest in [1:20:00 PM] longer afford to invest in polluting and fossil fuels. And again, I rest my time. Thank you. >> Thank you. >> Next speaker is Rafael Schwartz. Rafael, can you hear us? >> Good afternoon. Hi. Yeah, I can hear you. Good afternoon. Thank you for the opportunity to speak. My name is Rafael Schwartz. I'm an electrical engineer. I live in south Austin. I do serve on the resource management commission only. Speaking for myself. I want to voice strong support for council member Ryan alter's. Amendments amendment two asked for battery storage as soon as possible. There's no reason to wait or study doing this. It's years delayed already, and we're way behind the rest of Texas. Amendment three asks for council for approval from council for after feasibility stage of development. I know a lot of folks have already mentioned this, but it's worth repeating that ozone non-attainment costs, health impact costs. Real methane leakage costs have not been taken into account. This at [1:21:00 PM] been taken into account. This at least allows future council to have real discussion in the future if they choose to. Amendment four focuses on Austin energy reporting to council on a regular basis. On the demand side, management stuff local solar battery storage and unfit. I think this council reporting requirement is absolutely critical to the success of meeting the goals. We are years behind where we could and should be on demand side management and solar. A lot of programs have failed to launch or to scale the demand. Side programs are proven approaches that are happening all throughout Texas. Things. These things need to start moving forward quickly. If we're going to catch up to the rest of the state. And for the real carbon free goals to happen. And I think that council's, you know, ongoing engagement is really the only way to set things up for success. And finally, please don't throw away the carbon free goal for the lesser as a percentage of load language. It does allow the utility to plan for fossil fuel operations forever. Thank you [1:22:02 PM] operations forever. Thank you again for including the community in all of this. Thank you. >> That concludes all of the remote speakers. At this time, we'll move over to in-person speakers. First speaker is Paul Robbins, followed by Todd Davey and Kevin Fincher. >> Council. The most polarizing item in the generation plan is whether Austin energy should buy natural gas turbines. Many clean energy advocates view this as a failure to honor Austin's zero carbon commitment. The utility worries about adequate, dispatchable generation and the lack of reactive power in Austin's service territory. This second concern, the lack of reactive power, is raising our bills right now. Austin energy. Does not have adequate [1:23:05 PM] Does not have adequate transmission capacity to import enough low cost power from out of our service territory. Plans to fix this might not be fully implemented until about 2032. I suggest an interim solution. Austin energy should lease rather than own combustion turbines that it wants, until the problems with transmission constraints are fixed. This avoids long term investment in a possible stranded investment using fossil fuel. Austin should also start implementing its battery goal as soon as possible to deal with the reactor. The reactive power problem. We have an immediate problem and this would lower bills. This idea, these ideas would lower bills [1:24:05 PM] these ideas would lower bills without a long term commitment to more fossil fuel generation. Thank you. >> Thanks, Mr. Robbins. Next speaker. >> Next speaker is Todd Davey or Kevin Fincher. >> Good afternoon. Council. My name is Todd Davey. I am here speaking on behalf of ccr, the coalition for clean, affordable, reliable energy. We are an organization that has been representing the energy interests of commercial industrial companies, including manufacturers, housing providers, tech companies, school districts and hospitals. Since 2005, we are here to advocate for the approval of the resource generation and climate protection plan, as it was proposed by Austin energy. The draft resource plan prioritizes transmission investments. A generation mix that promotes the core values of affordability, [1:25:07 PM] core values of affordability, reliability and sustainability. Both Austin energy survey and stakeholder group showed that those are the community's top three priorities. I feel like the plan is, and the process used strikes the balance between the interest here and focuses on what is important for the community and the businesses that operate within the community. One of the elements that this will help address is some of the recent volatility we've seen with the psa. As the ercot market is changing, and I applaud Austin energy for interacting with the community to balance how they can strike affordability, sustainability, and reliability for balance. That is what's needed for the city. The electricity to operate, the utility to operate effectively here in the years to come. We support this plan and we ask you to approve it. Thank [1:26:09 PM] we ask you to approve it. Thank you. >> Good afternoon. Kevin Fincher with the Austin regional manufacturers association. Thank you, council members, for a robust discussion with regard to this energy plan. As a stakeholder participant representing manufacturing over 2000 manufacturers, as well as 72,000 manufacturing employees. We appreciate Austin energy bringing us to the table and being part of that stakeholder discussion. We are also a member of ccr, so I won't repeat what the previous speaker, Todd Davey, did. We agree with those comments and we would encourage the council to please support this plan as provided. And we are in favor of that. So thank you for your time. >> Next speaker is Betty Dunkerley, followed by Zach Rosenbaum and Hayden Baggett. >> You have to wait for me to [1:27:15 PM] >> You have to wait for me to hobble down with my uncle. >> Council member Dunkley, we'll wait on you all day. >> I made it. I'm just not very used to using these canes. I'm Betty Dunkerley, and I'm here to tell you that I attended these work sessions provided by Austin energy in the development of this plan. There was a large group of people. They paid attention, they communicated, they participated, and we thoroughly support the plan that came to you. We focused on three things. As you know, reliability, affordability and environmental sustainability. And they're all included in this plan. But when we started looking at the generation itself, both with the Austin energy staff as well as outside experts, it was very obvious that there was a problem coming in the future. Number one, it appears that we'll be losing [1:28:17 PM] appears that we'll be losing some of our current generation in that time frame, as well as increasing the need for additional generation just for the growing population, etc. So that was a real concern. And it it probably caused us to raise the reliability to the top of the list. It was just obvious looking at it now, the plan itself contains and increases all the things we're currently doing now. Everything from roof solar to wind to what have you. That's not decreasing at all. It's still there. It's still emphasized. But what was obvious is that we need to put in some things for Austin. Energy can start looking at new sources of energy just to have in case we need it. Because as you know, sitting for your sitting, you're responsible for a big area for [1:29:19 PM] responsible for a big area for all the power that's generated here. And I'm glad you're there and I'm not. >> So thank you. Good. Thank you. I can't believe I'm saying I can't believe I'm saying this to Betty Dunkerley. But your time is up, so thank thank you for being here. >> I just wanted to recommend that you approve the plan. >> Thank you very much. For those that don't know, Betty Dunkerley is a former finance director for the city of Austin. And if you've ever seen me make a bad vote on the budget, you can blame her, because I learned everything I know about that from her. And she also served multiple terms on the Austin city council, so we appreciate her continued service. >> Okay. Good morning. You get to follow her. >> I know that's a tough, tough act to follow. But so good [1:30:20 PM] act to follow. But so good morning. My name is Zach Rosenbaum. I'm the senior director of electrical infrastructure at Samsung Austin semiconductor. And today I'm here on behalf of ccr. Today, ccr is asking the city council to approve the resource generation and climate protection plan. Two 2035 as proposed by Austin energy, we believe the expansion of more transmission into Austin will help lower costs and provide access to the affordable renewable resources located in other parts of the state. The draft plan prioritizes these critical transmission investments in a diverse generation mix to enhance the resilience of the electrical system and contain power supply costs in particular. The plan authorizes investments in utility scale batteries and Peaker units to address these energy needs, and it also avoids the premature retirement of existing generation resources. This plan authorizes a mix of dispatchable power to improve electric service reliability by maintaining voltage support and blackstart capability, which is [1:31:21 PM] blackstart capability, which is critical for the safety and prosperity of the people living in Austin. The plan also helps us energy manage against high wholesale electrical prices. Austin energy has retired more than half of its local generation since 2020, leading to nearly $300 million in congestion costs in the past two years. This plan calls for reliable generation resources to offset this price risk, and in the Austin area, the plan is also sustainable by recommitting to the 2035 carbon free goal, replacing less efficient gas generators operating only when renewable resources are not sufficiently available or meet demand, and effectively preparing us for an exit from the fayette power plant. This plan will further reduce Austin energy's overall carbon emissions. It also makes important investments in renewable resources, energy storage, demand response programs and energy efficiency measures, and it calls for the exploration of geothermal and other low carbon technologies. Thank you for your time, and I urge you to approve the [1:32:21 PM] urge you to approve the generation plan as put forward by Austin energy. >> Thank you very much. It's just just please state your name for the record. Yes, sir. >> Mayor and council, thank you for the opportunity to speak today. My name is Hayden Baggett. I'm here representing ccr, and I also participated in the stakeholder workshops. Today, I'm asking you to approve the resource generation plan as proposed by Austin energy and with your updated amendments. However, I ask that you reject any new amendments that would obstruct the procurement and use of low capacity factor Peaker units, which are complementary to utility scale batteries and integral to improving electric service reliability and hedging against wholesale market prices. On the screen are materials to put current risks in perspective. Now you've all seen this first slide from Austin energy, documenting $285 million in congestion costs these past two years, as well as some of the conditions that have led to these costs. Shown another way, this is a timeline of Austin energy's power supply adjustment [1:33:22 PM] energy's power supply adjustment increases. Austin energy was forced to close 725mw of natural gas generation in 2021 and 2022, due to requirements in the current plan. This was half of our local generation profile and contributed to a 60% increase in power supply costs, which make up 25 to 60% of a customer's bill. In council memos, the Austin energy general manager repeatedly attributed these psa increases to transmission congestion and a lack of power generation within the Austin energy load zone. Peaker units, other firm generation sources and transmission investments will reduce these extreme price risks for customers. This next slide shows Austin energy's monthly power supply cost balance sheet over the past few years. As you can see in July 2022, Austin energy under recovered $43 million. Later in August 2023, it lost 47 million during more prolonged severe weather events without enough generation. Austin energy could [1:34:23 PM] generation. Austin energy could be forced to pay hundreds of millions to the grid operator, potentially exceeding the utility's reserves and putting the city in a financial bind. Additional Peaker units will effectively address this generation deficit and mitigate liquidity risk. >> Thank you. Thank you very much. Appreciate you. >> Is Hayden here? Hayden Baggett oh that was Hayden Baggett. Thank you. The next set of speakers is trey Salinas Matt creel Stacy Schmidt and Jenny Grayson. >> Please come forward. If your name has been called. >> Good afternoon, mayor and council. My name is trey Salinas. I'm here on behalf of ccr. I also serve as the vice chair for the Austin chamber of commerce, and you'll hear from the chamber shortly on our support for this plan. I've been working with ccr for more than 20 years now. Your large customers been involved in multiple rate cases, gen plan updates, and so forth. Over those more than 20 years. This plan does exactly what your community asked. It meets reliability, affordability, and [1:35:23 PM] reliability, affordability, and environmental sustainability. Just as what you heard from Hayden Baggett just now, the need for more dispatchable power in our load zone is real. It is something we need to face, and this plan helps you do that. Last thing I will say is that in working with the utility and with ccr for the last 20 plus years, we've had a lot of talk and a lot of discussion about getting serious about exiting the fayette coal power plant. That's a lot of generation. In my opinion, this is the first time we will be taking real steps to responsibly exit coal as quickly as possible. We ask for your support. Thank you. All right. Good afternoon. >> My name is Matt Creola. I'm with opportunity Austin. I want to say thanks to the council, to Austin energy and to all the community stakeholders for all the hard work that they've put into the discussions and formulating this plan. We [1:36:24 PM] formulating this plan. We support the plan because it represents meaningful progress for reliability, for affordability, and still keeps sustainability goals in reach. So thank you. And I ask you to support the Austin energy. Excuse me Austin energy plan as proposed. Thank you. >> Good afternoon mayor and council. My name is Stacy Schmidt and I am a resident and customer of Austin energy. And I also represent opportunity Austin. So I am asking you today to approve the resource generation plan as proposed by Austin energy. This resource generation plan provides a well balanced generation toolkit and transmission investments to help prevent outages and keep our bills low and protect the environment. This is a plan that's good for both residents and businesses in our community as we continue to grow and as we and economic development world continue to go and talk about Austin and what a great city it [1:37:24 PM] Austin and what a great city it is to live, work and play, infrastructure continues to come up in those conversations, infrastructure and investing in that infrastructure and a reliable, affordable and sustainable way is critical for us as our region continues to grow. This plan also offsets congestion costs by restoring the local generation. Austin energy has lost half of its local electric output since 2020, which has contributed to a 60% increase in power supply costs. This plan allows for the right generation mix to avoid ongoing price separation and serious financial risk to Austin energy. This plan's flexibility will help Austin energy meet its goals. It will help Austin continue to grow in a balanced manner for this community going forward. Thank you for supporting this plan. >> Next speaker is Christopher [1:38:27 PM] >> Next speaker is Christopher Paige, followed by alexia Leclerc, Noah Elias, Brad Massengill, and Valerie Menard. Are either of you here? >> If your name's been called, please let us know and start moving toward the front. Doesn't look like they're here. >> Carlos pinon, Scott Johnson. Ramsey bissex. Dale. Bula. >> Go ahead, Mr. Johnson. Go ahead and just come forward. >> Good afternoon. Mayor and council members and city staff. I support the Ryan alter amendment. >> I'm sorry. You need to state your name for the record, sir. >> Scott Johnson, I support the amendment from Ryan alter and the co-sponsors. I'm here to talk more about the substance of some of the things that are in the plan, that there's an attempt or a desire to increase, such as demand side management, as we often called energy [1:39:28 PM] as we often called energy efficiency. We know that we need that. And we have done extremely well over time. In fact, since the early 2000 through the mid to late 20 tens, I was working as a contract consultant, originally for Chris strand and then for a broader group of hvac companies such as fox and Mccullough and others. And we did some good in that era. We had regular gains of significant megawatts. However, as a community, as a city, we fail or we don't do as well as we could with regard to bringing these programs and convincing people of color and people of lesser means to get involved. Sometimes they can't. But this is an opportunity that I hope the council, through the Austin energy oversight committee, will be thinking about how to get better at that. If you need to bring someone on, then that's helpful. We don't do enough in that space to broaden the demand side management programs, to [1:40:29 PM] side management programs, to reach people, to offer them an equitable way to pay for their bill. Another opportunity is this one here that's on the overhead now. And this is one slide one please. Back to slide one. This is what's commonly called the point of sale ordinance. Or it's formerly the energy conservation audit and disclosure. This is something that came about in 2008 under the Wilson administration. And it's very important. It's not being as well used as we'd like. You should be asking about this in the Austin energy oversight committee meeting. Thank you. >> If your name has been called, please come forward to the microphone. And all we ask is that you state your name for the record. >> Hello, city council, I'm Ramsey bissix. I'm a member of Austin dsa's public power campaign, where we're fighting for a union built green future for Austin. I want to start my remarks by thanking Austin [1:41:29 PM] remarks by thanking Austin energy for their hard effort working on this plan. It's quite comprehensive and quite large. There's a lot in it that I like. Thank you so much for listening to the community and removing the gigawatt scale gas plant and committing to investments in solar and storage and transmission and transmission lines. I wouldn't be up here, though, if I didn't have some things to say about it that I think should be changed. I think that the Peaker Peaker plants in the plan, if we're really going down that path, then we need to have serious commitments to ensuring that they're needed for reliability reasons. I'm not sure if that's self-evident, I don't think that that was in the plan or, or things like that. And I also think that the plan lacks commitments to specific storage targets. I think that if we're able to commit to specific storage targets, then that would go a long way to resolving our need for reliability that we're [1:42:31 PM] need for reliability that we're Austin energy is proposing speakers replace. That's why I'm in favor of many of the amendments that have been proposed already. Specifically, Mr. Velazquez's amendment number two. Mr. Mr. Alter's, amendments two and three and Mr. Zo qadri amendment number two. If I had more time, I would say a lot more about about all of the other amendments. But I think that's what I want to focus on. Thank you so much for your time. >> Good afternoon, mayor Watson and council members. >> My name is Carlos pinion and I'm a resident in district five, but primarily in district three as a program coordinator and organizer of Beaudet. I'm here today because I'm concerned about the city's future with regards to the Austin energy resource plan, a plan that will determine if the city can reduce pollution and meet its climate goals. When we discuss the implication of what's being proposed, it's important to keep in mind that your priorities should be our health, individual and collective, our livelihoods and our longevity, not profit. I [1:43:32 PM] and our longevity, not profit. I join others in asking all of you to support council member alter's amendments, which would make certain that Austin energy move forward on a strong utility scale battery goal as quickly as possible and require approval from council before Austin energy advances. Beyond the feasibility analysis stage. Oh thank you. Thank you so much. Accordingly, the community would have an opportunity to provide input before planning gets too far along. I also ask that you support council member Velazquez amendment to require Austin energy to issue an all source rfp before bringing forward any gas Peaker plant proposal. This would allow clean energy sources to compete. We don't need more emissions and we cannot add another polluting plant in east Austin. The communities here have seen enough of those over the last 30 years. We'd rather have commitments to local batteries and expanding residential and community solar programs. We'd rather have lower utility bills, the rates of which will only be worsened by extreme heat in the Summers. That escalates with climate change over time. We'd rather have cleaner air year to year. There are more days we must consider if it's too hot, or if the air quality is so bad that [1:44:33 PM] the air quality is so bad that we can't be outside to work, spend time with loved ones, live. And who feels this the most? The working class, the elderly, kids, people with disabilities, communities of color to respond to the changes in our environment by reaching for a quote unquote solution that will increase pollution across the city, the city our children will inherit. It's confounding, and I'm only echoing the points that many have brought to you in the months leading up to today. Austin energy would do well to listen to its base, and we need mechanisms in the plan that ensure they're committed to our future. Thus, I'm asking all of you to support a full transition to clean, renewable energy in the resource plan. Thank you for your time. >> Thank you. >> Mayor, council, I'm Dale Beulah. I fully support, first of all, the Ryan ultra amendments two and three in Texas today, most large cities are designated by the EPA as non-attainment areas for pollution, meaning they don't meet our clean air standards. Austin is not one of them. Yet the clean air act requires [1:45:34 PM] the clean air act requires states to place monitors in cities to monitor the compliance with the with air pollution standards, and Austin has about a dozen of them. However, two of them now fail to meet the pollution standard, meaning we are now out of compliance and not in compliance with the clean air act. The EPA still has to make that designation officially. It could do that at any time. Austin needs to control its pollution problem before EPA's next assessment. One of the best strategies straightforward is stop burning fossil fuel. If the EPA designates Austin as non-attainment, Texas will have to devise a plan to reduce pollution. It will include pollution abatement, which will impact utilities, businesses, industry, as well as major delays in transportation infrastructure growth and capital investment. Considering to move to our region. The cost to our region is estimated at about $1 billion a year for the next three decades. If our efforts are not successful, we will still reap benefits of [1:46:35 PM] will still reap benefits of reduced health costs. The amount of pollution in our air now is dangerous. According to recent studies, Texas experiences over 8000 deaths per year just from particulate matter alone. There were more of more than 16,000 emergency visits to our ers, according to the Dell medical school in Austin metro area alone in the last year, mostly from the minority communities. Since we know Austin must reduce pollution, it would be much cheaper and healthier to avoid building any new fossil fuel power plants, and by investing in batteries and other clean energy technologies. And we can all breathe easier. Thank you. >> Next speaker is Craig nazer, followed by kaiba white. Camille cook, and George Valero. >> Hello. My name is Craig [1:47:35 PM] >> Hello. My name is Craig nazer. I'm lone star chapter, Sierra club. Fossil fuel energy is cheaper than renewables at the moment. It still is. Gas units will be cheaper than other renewables. That's by design. The vast majority of people in Austin do not make money off their electricity. They use it like they use water or the sewage system or the garbage system. It's required. So I think the arguments of the people are not we do want affordable energy, but we don't want an energy that's going to make it more expensive us, for us to live in the future, even maybe unlivable conditions. When I first moved to Austin, I was a graduate student at UT, and to [1:48:36 PM] graduate student at UT, and to keep my costs down, I lived in a house for six years with no air conditioning. It was designed for air conditioning, but it had no air conditioning and it was cheap. But it's going to be worse in the future and people without much money, electricity is going to become like water. You need water or you die. Electricity is going to become at certain times of the year, you're going to need electricity or you're going to die, and we're not going to be able to make money like we do now from our electric company and put it into the general fund. We don't do that much with our water system now because we know people need the water. We want to keep it affordable. So there are a lot of important issues going forward here. And one of them has to do with how we make money off electricity, how we generate electricity. I just heard a report driving down here. Very interesting talking about the fentanyl problem. One of the things that made fentanyl so dangerous to America is because it's cheap. [1:49:36 PM] because it's cheap. >> Thank you, thank you. >> Kiba white has time donated from Susan Lippman. Is miss Lippman here? Okay, so kiba will have four minutes. >> Good afternoon. My name is kiba white and I'm speaking on behalf of public citizens Texas office and our local supporters. We share the desire to have a financially sound utility that provides provides reliable service to its customers. And our read of the body of evidence available is that transitioning to clean energy is possible to do while maintaining affordability, and then it will be more while maintaining reliability and that it will be more affordable, especially when externalities like health costs and from air pollution and water pollution and avoided climate disasters are considered. We remain deeply concerned about the proposed reversal of the existing policy prohibiting the expansion of fossil fuel generation. At Austin energy, we [1:50:38 PM] generation. At Austin energy, we reiterate our call for you to remove the sections of this plan that open the door to adding more gas speakers and extending the lives of the aes existing gas plants. But since we see that you are poised to open that door, we ask you to please establish some protection for our health now, not later. On Tuesday, council member Kelly asked E if they had modeled the impact of the proposed new gas speakers on ozone nonattainment echo staff didn't actually answer the question, but the answer is no. They provided projected emissions, but not analysis of how those emissions would impact nonattainment. You've heard from many austinites that local air pollution is a significant concern. It's a concern for the communities that will host these new peakers and are currently hosting those gas plants, and it's a concern for the echo community or the Austin community at large. We're appreciative of the work and the amendments that several of you have written to improve this plan. We encourage you to vote [1:51:38 PM] plan. We encourage you to vote in support of all of the amendments that were shared in advance, as well as making a couple of additional changes. First, before you adopt this plan, please include a cap on Austin energy's nox emissions within the Austin energy metro area that is reflective of the emissions from the past 1 to 3 years, and sets an expectation that emissions will decline. Austin energy claimed that this will be the effect of adding new peakers, so holding them to that claim is reasonable and necessary to protect public health. Echo staff also said on Tuesday that they weren't legally bound to anything they said in response to questions from the dais. So we need to have this commitment in writing as part of the plan. While nobody has posted the amendment, I know that some of you do have that language. Please adopt it. Please also amend the carbon free goal to clarify that applies to echo's generation, as staff has said that it does. The existing language is not clear [1:52:38 PM] existing language is not clear in the plan. Two amendments by council members Ryan alter and council member Velazquez are essential to ensure that echo really tries to meet needs with clean energy before any new fossil fuel generation is considered, requiring ac to implement 100 to 150mw of battery storage and issue an all source rfp to see if the utility's needs can be met with clean energy. Are reasonable requirements. If you look at the battery projects being deployed in ercot, including at CPS energy, 100 to 150mw is a good but not overly ambitious first investment that will certainly need to be followed with more investments in battery capacity. If Austin energy is serious about meeting the carbon free by 2035 goal. With over seven gigawatts of battery storage deployed in ercot already, Austin energy isn't in any danger of being an early adopter, but they do need to get in the game, and batteries can be deployed quicker than peakers. So we need to get we [1:53:39 PM] peakers. So we need to get we can get the affordability and reliability benefits quicker. Finally, please support council member alter's amendment to make clear that Austin energy needs to report back to council and get feedback on the feasibility analysis before moving forward. >> Thank you. Thank you very much. >> Good morning, mayor Watson, mayor Watson and council, my name is Camille cook and I'm a resident of district three. I'm here to speak in favor of all of the amendments to echo's proposed update that have been put forward by y'all. The people of Austin have said over and over and over again that we want to reduce our carbon emissions and go green. We want we want to continue on the path of the existing generation plan. It is attainable goals, guardrails to keep us on track and wide. Community support. In this update, echo is taking out pretty much everything that has made the resource plan great. It no longer promises to reduce our carbon emitting resources. It no longer promises to have totally [1:54:40 PM] longer promises to have totally carbon free generation by 2035. It doesn't even have any solar goals between now and 2030, even though solar generation has been growing incredibly fast in ercot, this update can be made better with guarantees of accountability from echo. We need guardrails that guarantee that every option available to us is thoroughly explored before before building new gas speakers that will pollute our city's air and will be difficult to wean off of. We need guardrails like rfps for utility scale batteries, so we can build out our storage capacity as soon as possible, because peakers will be all but inevitable if we do not invest in batteries as soon as possible, we need nox emissions limits that continually go down every year, and we need explicit language that says that carbon free goals apply to those owned and controlled generation, as well as to meeting load. Thankfully, through amendments, almost everyone in the diocese put forward, we are getting more of these accountability guarantees and guardrails that will ensure we can get to where we need to go cleanly. I would also support any more amendments guaranteeing lower nox emissions year over year and greater buildout of green technology within Austin as fast as possible. With that, I want to end by saying I'm [1:55:43 PM] I want to end by saying I'm thankful to have power from a public utility. Even though he has tried to take out different forms of accountability in this resource generation plan. I appreciate y'all's work council and adding language through amendments that help ensure our utility works for us. Our grid and our utility are facing tough times ahead, but we can get past these tough times and we can get there cleanly. Please make sure that there is accountability in our utility. Please make sure that the people are heard. Thank you. >> Next speaker is Taylor Higgins, followed by Al Braden and martin Sanchez. >> When your name is called, please come forward. >> Next speaker is Sean Atkins. Stephanie Chavez, Noel, Sean Voigt. Please state your name for the record. [1:56:43 PM] for the record. >> Hi, my name is Sean Atkins. I'm in district three. Yeah. I'm speaking today as part of the sunrise movement, a local org dedicated to climate justice and a just transition away from fossil fuel and my day job. I'm also a climate policy analyst for a small Progressive think tank called new consensus, where I've written about energy policy pretty extensively over the years. I know that passing this plan does not lock in, so to speak. New natural gas Peaker plants here. On Tuesday. The mayor made a great point about that. But what I do want to say is that I think we need to a pass all the amendments proposed by various members of the council that help lock in stronger utility scale battery deployments in particular, and also try to put more guardrails on our local distribution, our local emissions. Excuse me, but I do want to say to connect this to sort of some other topics. We've addressed. The ultimate end game to this is Austin energy is going to propose a natural gas plant. We would not be fighting so hard. They would not be fighting so hard to keep it in the language. If it was not the ultimate end game to [1:57:44 PM] not the ultimate end game to propose it. Right. And I want to say that this is because utilities are so temperamentally conservative. They are married to the same toolbox they've been using for 40 years. This is a very human impulse. Nobody likes when you get a text from your boss saying, we're going to try something new. It's like the worst message you can receive. But ultimately we need to embrace new strategies. We have seen, even in Austin energy's own modeling, that many of the clean pathways are more reliable and more financially secure for average energy consumers. We need to embrace these. It is much like when txdot proposes expanding I-35, something I know that many of you have spoken out against. It is because they have been trained for generations to fight any traffic with a highway expansion, and utilities are staffed by very well-meaning people who have been trained with one tool to fight every problem that they address, and that is building new fossil fuel generation. We have to not let ourselves sleepwalk into disaster because it is easy, because it is a status quo. So I appreciate your ambition. I hope [1:58:45 PM] appreciate your ambition. I hope you continue. >> Good afternoon, mayor Watson and council members. I'm Al Braden, a district seven voter and Austin energy shareholder. Two years ago you called for an updated gen plan. It's been a long and winding path. I worked on the auc working group a year ago. We would have all benefited from more collaboration with all participants early on. But Tuesday, as you worked on these amendments with staff and with the public, I was encouraged how you all stepped up to make this plan better. Each of your amendments strengthens the plan a commitment to zero carbon by 2035. Real battery and solar goals, local and community solar demand response efficiency, ev integration, electrification and tight limits on peakers Austin energy has innovative plans in all of these areas, but they must reach scale to help our goals. I signed up for la Loma community solar in 2018, hoping this fantastic program would be replicated all over town. It now [1:59:46 PM] replicated all over town. It now serves hundreds of families. It needs to serve hundreds of thousands. The new standard solar offer is innovative, yet its benchmark is 20mw. It needs to be 200mw. These programs are great, but they need to scale up Texas size. Same with batteries. We have only three megawatt hours of the ten megawatt hour, 10,000 megawatt hours of batteries in ercot. Who's growing battery fleet makes the grid more stable to minimize price spikes and the congestion that we all fear. All of these programs can help us avoid shopping at the Peaker store. Our biggest polluter, fayette, is one of the largest in Texas. 2029 is too late. Let's reimagine it as batteries plus solar to replace coal. Geothermal to get ambitious rfps. We have ten square miles to work with and transmission lines already in place. Make it a task force. Make it a priority. Please vote for all your colleagues. Amendments to make this gen plan a true [2:00:47 PM] make this gen plan a true reflection of Austin's energy needs. We need solar and batteries now. Let's get to work. Thank you. >> Good morning or good afternoon. My name is Stephanie Chavez Noel and I am a community artist and educator, a mother of two children and a resident of district eight. I'm here to urge mayor Watson and council members to support Ryan alter's second and third amendments and direct Austin energy to prioritize utility scale battery storage. Clean air isn't a privilege. It's a right. It's a right that our community deserves. Natural gas Peaker plants are some of the dirtiest, least efficient, and most expensive energy sources. They disproportionately harm neighborhoods near them, causing asthma, heart attacks, and missed school and work days. But their pollution doesn't stop [2:01:48 PM] But their pollution doesn't stop there. It travels across the city for hundreds of miles, affecting all of us. Our air, our land, our water. This cost is unaffordable for everyone. Supporting the amendment to limit carbon and nox emissions is essential. The electricity sector is one of the largest sources of unhealthy air in the United States, and Austin energy must be held accountable to meet the climate equity plans goal of 100% carbon free energy by 2035. I brought a picture of a photo, a photo of last week's fall showcase at Lee Lewis Campbell elementary media and performing arts institute, which is located in the historic Rogers, Washington holy cross neighborhood in district one. This giant sun puppet pictured is the it. The image symbolizes the power and boundless potential of clean energy future, and this vision was created by hundreds of community members in the past couple of months. You can see joy, [2:02:49 PM] months. You can see joy, excitement, or an immense at the immense brilliance of the sun. These young scholars study and play less than eight miles from the decker power station. They deserve to be protected and grow up to continue their leadership. Thank you very much. Thank you. >> Next set of speakers is Marie miglin Kia farhang, Laura Ann Martinez, Monica Guzman. Rosario Lopez Cardenas. Carmen Lianes. If your name has been called, please make your way to the podium and state your name for the record. >> Please come ahead. >> Good afternoon. My name is rosario Lopez Cardenas. I'm in district three and I'm speaking as a part of the sunrise movement, a local org dedicated to climate justice and a just [2:03:49 PM] to climate justice and a just transition away from fossil fuels. I am concerned about the energy choices made in the Austin energy resource plan, which will determine whether Austin will meet its climate and sustainability goals. Today, I am asking you to support Ryan Adler's amendments. Most importantly, number two and three, these amendments would ensure that AOC moves forward on a strong utility scale battery goal as quickly as possible and would need further approval from council before moving past the feasibility analysis stage. This would more strongly protect our communities from harmful emissions. It is critical to phase out fossil fuels in Austin to address the climate crisis. A gas plant is not a solution. I do not want my future kids and grandkids to grow up in a polluted world that is on fire. We are already seeing the dire effects of climate change from extreme weather to rising oceans. We must take action now. Please support a full transition to clean, renewable energy and the updated Austin energy resource plan. Thank you. >> Mayor Watson. Mayor pro tem [2:04:51 PM] >> Mayor Watson. Mayor pro tem pool and esteemed council members. I am a resident of district four and Austin energy. Customer. My name is Laura Ann Martinez. We need you to oppose the new gas Peaker plants, which says Austin energy is attempting to build. We need you to vote so that the Austin energy first implements the utility scale batteries, expanding local solar and expanding programs to save energy. How can we meet the carbon free goals when building more new gas? Gas Peaker plants we need for the clean energy, batteries and an energy conservation plan passed to pass and vote against the new gas Peaker plants. Vote against item number two. Thank you. >> Excuse me. Good afternoon, [2:05:52 PM] >> Excuse me. Good afternoon, mayor and council. I'm Monica Guzman, policy director at Garza. Lugo Austin vamos. Austin Garza stands with the Texas Sierra club lone star chapter in opposition to item two. It's important to phase out fossil fuels and address the climate crisis, air pollution and support clean energy solutions. Climate change is causing more extreme weather, flooding, heat waves, heat waves, snow and ice storms, preventing many from doing activities they enjoy. It also either prevents those who work outdoors from working, or worse, putting their health and safety at risk when working in toxic environments and or dangerous climate stressor events. Austin energy plans to run current and future gas speakers on the hottest days of the year. There shouldn't be another polluting power plant in east Austin. In addition, high numbers of ozone and bad air quality days are negatively affecting the health of young children, seniors and the infirm, especially in Austin's eastern crescent. We urge you to include provisions ensuring that Austin energy listens to the community, especially those with [2:06:54 PM] community, especially those with lived experiences. We urge council to support councilmember Ryan alter's amendment. Specifically, amendment two would make sure that Austin energy moves forward on a utility scale battery storage early next year, and amendment three would require feedback from council before Austin energy could move past the feasibility analysis stage for gas speakers. This would provide the community an opportunity to weigh in before the planning gets too far down the line. We also ask you to support council member Velasquez's amendment to require Austin energy to issue an all source request for proposals before bringing forward any guest speaker proposals. This also gives the opportunity for clean energy sources to compete. We urge you to support a full transition to clean, renewable energy in the updated Austin energy resource plan. Your commitment to renewable energy will ensure Austin residents and visitors have cleaner air, a more livable Austin, and a better future. Thank you. >> Next speaker is Selene Rendon, followed by Annie [2:07:54 PM] Rendon, followed by Annie farrow, Audrey steiner. >> If your name's been called, please come down to the front so you're ready to speak. And grab a mic. >> Hi, my name is Selene Rendon. I live in district eight. I'm a climate resilient specialist that does community based project planning with frontline community groups across here in Austin, Texas, the us and the us territories. I was a community engagement specialist with the city of Austin's office of sustainability. I helped organize the climate equity plan back in 2020 that, as mentioned, outlined an equity based process to reach our climate and sustainability goals for Austin energy choices made in the Austin energy resource plan will determine whether the Austin community can actually meet our climate goals and reduce pollution. Please support tirz amendments. Number two, making sure that Austin energy moves forward with a utility scale battery storage early next year. [2:08:56 PM] battery storage early next year. Number three, that would require feedback from council before Austin energy can move past the feasibility analysis stage for gas speakers, which would give the community opportunity to weigh in before the planning gets too far. As others have mentioned, let's have an amendment to cap the local air pollution from Austin energy at the level they emitted in the past 1 to 3 years, and let's require them to decrease that from that amount. We know that this is really important for air quality, and it's already in a really unhealthy range. Let's support Velazquez amendment to require Austin energy to issue an all source request for proposals before bringing forward any gas speaker proposal, and let's have an amendment to clarify the language in the plan to state that the carbon free goals apply to Austin energy's owned and controlled generation, as well as the meeting load. Let's put people before profit. We know that climate change is affecting many of our communities across Austin. The low income communities that are left [2:09:56 PM] communities that are left abandoned during winter freezes the communities that do not live in appropriately insulated and outdated homes, the communities having to work outside in sweltering hot conditions and extreme cold, the communities made up of elders and youth that are vulnerable to poor air quality and the pollution and that require extra care. During our extreme weather events, we know that our environment is no longer the same. The greenbelt is not what it was like ten years ago. Our other rivers and streams do not flow as fresh with water. Our energy bills are already going up and in the affordable housing crisis, the environment and people are still being prioritized. Last, we need guardrails in the plan to make sure that Austin energy listens to the people, and we need commitments to building out local batteries and solar because we need to walk the talk and make Austin an actual climate resilient green city. Please support a full transition to green renewable energy in the updated Austin energy resource plan. Thank you. >> Next speaker, please. >> Next speaker is Shane [2:10:58 PM] >> Next speaker is Shane Johnson, with time donated from soul praxis. Is soul here okay. Is Shane here okay? After Shane will be uzi Mccoy and Jeremy martin. >> So I get four minutes, right? Shane Johnson, he and pronouns district seven resident organizer with Texas Sierra club. First, I'll just remind the council that there's been a broad community coalition organizing, working with some offices and making sure to try to bring this plan in alignment [2:11:59 PM] to bring this plan in alignment with the community's values and needs. It is not. Thousands of austinites have signed petitions, sent a letter, actions to council, spoke in support of real climate solutions, including over 1300 petition signatures to get out of coal, increase local solar, prioritize utility scale batteries and expand programs to save money, save energy, excuse me, which would save money and keep us safe in our homes and tight grid conditions. This plan does not do that with clean energy solutions. So the broader community outside of large corporations and their lobbyists or, you know, industry associations does not support this plan and is not proud of it. Like Austin energy has has claimed. To make this plan less bad. But, you know, if you put lipstick on a pig, it's still a pig. We do support all of the [2:13:00 PM] pig. We do support all of the amendments before council today. And I my understanding is that most of them have already received the blessing of the mayor and Austin energy. And so they pass comfortably. I do want to make sure that I would argue our couple strongest amendments. Number Ryan altered number two and number three. And council member Kadri's amendment to implement good battery goals in the near term and the long term are extremely important, so please support those. In addition, like kiba, Celine and others have said, please support an amendment that has not so far been supported to cap local nox emissions, nox emissions, nitrous oxides for those watching or in the audience, which leads to ozone pollution, which causes health problems. So please amend the plan to put a [2:14:00 PM] please amend the plan to put a cap on nox emissions no higher than pollution has been in the last 1 to 3 years, and that decreases each year, year over year. None of the amendments truly cap our emissions in a in the way. We need to also emphasize that this plan as written, and I don't think there's an amendment so far. It does roll back our carbon free by 2035 goal. I have to, I think, respond to a couple of the lobbyists who spoke earlier. Austin themselves said new speakers not allow us to get out of fayette. And so I want to clear up that misinformation as well as say that this new language about being carbon free, our load is carbon free, meaning they just purchased enough renewable energy to meet the city's demands, and then everything after that doesn't count in terms of our carbon emissions. That's what the new plan says. That rolls back our previous carbon free goal. And so this is something the [2:15:01 PM] so this is something the community cannot support. And basically out of time now. So. It's been a long campaign. And I certainly hope that we implement strong guardrails as needed, because there are not currently strong enough guardrails on this. And we know Austin energy is going to run these plants more on the hottest days, the tightest grid conditions, which are already ozone action days generally, which means more would run new peakers on top of their old peakers, which means increased air pollution for the kids at decker. Thank you. >> Good afternoon, mayor Watson. >> Mayor pro tem pool honorable council members. My name is Jeremy martin. I'm the president of the Austin chamber of commerce. And we represent businesses of all sizes and industries, from home based businesses to local icons to our major employers. We want to ensure that we have a plan that treats these different types of customers fairly, and we need a plan that ensures resiliency and [2:16:01 PM] plan that ensures resiliency and reliability to keep these businesses open during any type of weather event. I want to commend Austin energy for developing a plan that strikes a balance for meeting our obligations as part of the statewide grid, as well as advances our needs for long term reliability and affordability. Thank you for your consideration and support. Take care. >> The next speaker is Richard Halpin, followed by William bunch and Salvador Espinosa. If your name has been called, please make your way to the podium and state your name for the record. >> Hello. Good morning. Good afternoon, mayor and council members, city staff and fellow residents. My name is Richard Halpin and I am a member of the Texas alliance of retired Americans Austin project. Today, you are being asked to vote on a new gas power plants for our [2:17:03 PM] new gas power plants for our Austin energy. One potential location. That's not the right slide. It's the next slide. Excuse me. The next slide. >> Please go to the next slide. Slide. >> There's a powerpoint on there. This is not my presentation. There's a powerpoint on there under the name of Richard Halpin I may I'd ask that I get that time back okay okay okay. >> Next slide please I appreciate your advice but that's what we're going to do. We were already working. He's got it. >> Mayor's got it okay. Thanks, mayor. All right. >> So, look, this is they've reset your clock, so go ahead. >> Thank you sir. So, ladies and gentlemen, this is decker power plant down there on the right and up above it. Those other two arrows are schools. That's the decker elementary school and the decker middle school. The waste from the decker power plant, if they put the gas plants there, will go to those schools. We'll go to those children. We'll go to those staff and their parents. We can't do this. I [2:18:04 PM] parents. We can't do this. I mean, we can't do this under any moral, any moral standing. So next slide please. Air pollution is the main pollutant from natural gas plants. That's what these these these plants will put out. These substances can lead to a number of health issues including heart attacks, shortness of breath, premature death. You've heard this from a number of people today. This is just not me saying this to you. Next slide please. This is what kills people is cigarette smoke. Well, you can see from the kinds of things that people inhale. Next slide please. This is what our gas plants will do. The waste from gas plants will kill people. They'll kill children. They'll kill parents. And we're going to propose to put them in the same neighborhoods we've done too much to already. This is. This is not right. We must stop this. I ask you to vote. If you vote today, vote for the plan and the meaningful [2:19:05 PM] plan and the meaningful amendments. Without the gas plan approval. Leave the gas plants out. Leave them for the next council. Why settle the next council with a decision that will affect the health and safety of millions of people and you with potential litigation. They have been elected the next council to make the next set of decisions. With you remaining council members and mayor, you can take a stand to keep Austin and central Texas a healthy state. We have a sacred kinship with our Earth, with our planet, with our home. Let's do all we can to protect our home. Thank you. Thank you very much. >> If your name has been called, please make your way to the podium. Next set of speakers is what the Mok torrin Becky Halpin, Ben suddaby, and Ryan Pollock. >> Sir, has your name been called? Yes it has, yeah. Feel free to step up and use the microphone. >> Thank you. >> Good afternoon, council members. My name is Salvador [2:20:05 PM] members. My name is Salvador Espinosa. I'm an organizer and resident of district one, and I'm here today because I believe that Austin should continue to lead Texas towards a cleaner future. And because the evidence shows that we can do this without new gas Peaker plants in support of the plan, without and in favor of the amendments, but without new gas Peaker plants. We've already made so much progress. We've moved away from the gigawatt scale gas plant initially proposed great work on Tuesday, and we've committed to expanding solar, exploring geothermal. These are victories that are worth celebrating. What what concerns me is what we're hearing from Austin energy, and I think it's in line with what the gentleman said earlier. These are old, traditional solutions that are just reflexive to what we've done before, but we're not at a point where we can continue in this vein. The fact is, we haven't heard solid commitments from them about limiting operation. [2:21:06 PM] them about limiting operation. And crucially, it is worth noting it is ercot, not Austin energy, of which I'm a customer who is going to have the final say on when these plants run or can be closed. We've seen this in San Antonio, where their utility wanted to shut down old gas plants, but ercot forced them to stay open. And the fact is, once we build a plant like this, we risk decades of carbon emission damage to health, even as they become more difficult and expensive to maintain over time. Peakers may support the city during peak demand, but the fact of the matter is, so would a smart mix of local solar batteries efficiency upgrade all of the measures that you all have been speaking to already. Council members in 2021. We made a bold commitment as a community to achieve net zero emissions by 2040. Many of you all helped with this, and ultimately today, it is you all who have the power to keep us on that path. I hope you do. Thank you and thank you. >> If your name's been called, [2:22:10 PM] >> If your name's been called, just approach the microphone and identify yourself and please begin. >> Hello, council, my name is cuauhtémoc Duran. I'm a resident of district two and organizer with Texas campaign for the environment. I'm here to urge city council to pass a plan for our power generation that expands our publicly owned renewable energy via Austin energy, including utility scale batteries, and doesn't add additional gas Peaker generators that use fracked gas. That would be the plan presented by Austin energy, but only with the amendments from council members, including council member alter's amendment that would place accountability on Austin energy to move forward on important utility scale battery storage and would give more caution before expanding fossil fuels in the form of the gas speakers. This also includes council member Velasquez's amendment. Last year, you all passed a resolution that endorsed a global fossil fuel nonproliferation treaty. We joined the ranks of cities like Paris, Toronto, Philadelphia, and California as a state. Did the same after us as it's a city. It's important to me that we practice the commitments on that treaty at the local level. It's a better future for all of us. My coworkers that live and [2:23:12 PM] us. My coworkers that live and organize in frontline communities, including Brazoria county and nueces county, contributed to the Biden administration's pause of new lng export projects, one to likely end with the new Republican administration, which is why we need you all to pass a power generation plan that does not include any new fossil fuel usage. By doing so, we can stop enabling the demand for fossil fuels and continuing being a city that leads in tackling climate change. It's one of the most important things, probably in our lifetime. Thank you. >> Mayor. All speakers have been called, so if your name was already called, please make your way to the podium, miss Halpern. >> The slide reappears. I'm Becky Halpern, I would I'm supporting all of the amendments. Was so wonderful for all of all for all of you to do all the hard work you did to bring forward these great amendments to this plan. I especially like to call out the amendments that bring forward utility scale, solar utility scale batteries. Now, Texas is [2:24:12 PM] scale batteries. Now, Texas is the fastest growing energy storage market in the united States. Statewide, we have nearly 11,000 megawatt hours of energy storage capacity, and this chart shows all of the all the entities that own battery storage in Texas. And there's an entity. And then it shows how much storage they own by how long the bar is on that graph. And you can see these are all the entities in Texas that own battery storage. And you can see that Austin energy is at the bottom. Well, not the very bottom next to the very bottom of this chart. We for out of 11,000 megawatt hours, Austin energy owns three megawatt hours currently. So yes, please specifically direct Austin energy to bring more storage on board immediately. We are standing at the starting line, breathing in the dust of all the other people that are building all of this storage capacity. [2:25:13 PM] all of this storage capacity. Batteries are dispatchable tools that will not perpetuate Austin energy's east Austin sacrifice zone like gas plants will. I would like to put all of my jelly beans on utility scale battery storage now. Thank you. >> Hello, my name is Ben sutterby, public servant on a vacation day. Just to throw that out there, not speaking on behalf of my employer or any commission I serve on, or any nonprofit board that I serve on, I want to start by thanking the workers who have worked tirelessly on this, all the people who serve on the commission, taking a look at this, all the public input that has come together on this, we're in a much better place than we were just a few months ago on this. I want to thank council members for your hard, tireless work on this. Today. I'm speaking in favor of the plan as as amended particularly. Thank [2:26:14 PM] as amended particularly. Thank you. Council member Velasquez, zo qadri and alter. I'm going to focus on on Ryan alter's amendments posted to the message board, particularly number five. I think having the focus on making a just transition, something that doesn't leave workers behind, something that helps guarantee that these people who have provided power are taken care of, and also that especially facing the climate that we're heading into, that we try and maximize within what's allowable with the law using union labor, organized labor to build and generate our our electricity. I also want to highlight the good amendment that talks about having good checks before we commit ourselves to, you know, any kind of Peaker plants. Really what we're looking at right now is we're talking about a lot of things that we agree on. I say go big on the things that we're agreeing on, which is clean generation, clean storage, particularly look at innovative things that were were committed [2:27:14 PM] things that were were committed to, you know, go big on on geothermal generation, geothermal storage, go big on batteries, go big on transmission lines. And, you know, once we've committed those and looking at that, we can allow a little more time to see what the actual good deep analysis on these speakers are. Delay that a little bit more. It's not making that decision right now. Yes, we're going to do it. No, we're not going to do it. It's allowing time to study it deeper before we make a serious commitment. So thank you for mentioning that. And then finally, I just want to leave you with listen to the voice of labor. >> Thank you. >> Thank you all. Ryan Pollack, international brotherhood of electrical workers. I indicated on my sign in sheet that I was opposed to this, but I hadn't had my coffee yet for it, particularly with the amendments. Thank you, everyone for your hard work on this. I do want to point out that that [2:28:16 PM] want to point out that that recently a 1200 megawatt natural gas facility was announced for Lee county by sand lake energy. So I'd like to for everybody to have that in mind because that's just over there. But also supporting and emphasizing increasing transmission capacity. Also very much approve of increasing battery, of course, as an electrician, but also looking at other methods, that emerging technology that is, it is right there, y'all. And unfortunately, like it's just a little bit ahead of where we're at. But but I do encourage Austin energy to continue to be the leaders and innovators that they have always been. And as soon as this is all ready to really take that step and help us get this stuff out there and scalable, I'm talking again about geothermal and, you know, using evs as as battery sources [2:29:18 PM] using evs as as battery sources and all that. In times where we're in a blackout situation. So again, we support all this. Thank you very much for everyone's hard work, everybody through this entire process. I think it's been a great process. Thanks, Joe. Thank you. >> Mayor. I believe that concludes all the speakers. All right. >> Thank you very much, members. You've heard that it concludes all of the speakers, as I indicated we would try to do when we got to this point is I would seek a motion and the motion would be to adopt the proposed plan, and then we will go and take potential amendments and take those up and discuss them one by one. I'll recognize and as I recognize the mayor pro tem for a motion, I think it's appropriate for us to also recognize the mayor pro tem for all of the hard work that she's put in as being the chair [2:30:18 PM] she's put in as being the chair of the Austin energy utility oversight committee. It's been a I started to say it'd be a labor of love, but I just can't imagine that. But it's been you can tell she finds joy in doing this kind of work, and it's been meaningful to all of us to learn from her as part of that process. So, mayor pro tem, I will recognize you for a motion with regard to item number two. >> And I make that motion. And I also need to kind of think about the joy that this is bringing. >> If that's the joy, maybe maybe later. >> I like I like that optimism. And yes, I make that motion. Thank you mayor, I appreciate it. >> Can I can I just take a moment? Could we please give a round of applause to mayor pro tem pool for that work? And then I'll second the motion. >> The motion has been seconded by council member Kelly members. What I thought we would do is go [2:31:19 PM] What I thought we would do is go in the following order on the proposed amendments, somewhat like we did just the other on Tuesday when we started going through. I think I got that order right, but I'll start with my amendment. Then we'll go to council member zo qadri, then council member Velasquez, council member Alison alter, and then we'll have council member Ryan alter back clean up, if that. If there's no objection to that, with. Yeah, sure. Watson zo qadri Velasquez, Allison alter and then batting cleanup will be council member Ryan alter. With that being said, members and I think everybody has been provided all of these. My proposed amendment, I laid it out Tuesday, and since that time I posted a version two that responds to the desire to set a cap and was part of the discussion that we had on [2:32:19 PM] discussion that we had on Tuesday to set a cap on emissions for not just portfolio wide, but for those local generation resources. A version two adds an upper limit. It adds caps on the portfolio wide, as well as an upper limit on the local generation portfolio. I'm going to offer that as an amendment, but before I do that, I want to bring up staff real quickly because there's an issue that I do want us to address, and we discussed it on Tuesday. We've heard some comments about and I've had conversations since, well, actually before Tuesday, but certainly since Tuesday, with some in the community about setting a further limit on nox emissions. And we've heard that today, as I understand it, and I think I do understand it, they've been there. Nox emissions are regulated already. But I want you to tell us how that regulation works, how that actually works. And I would like for you to discuss how you see [2:33:21 PM] for you to discuss how you see this proposed amendment with the cap that I've offered, how you see that working to get us to what I think we would all like, which is to be able to know that we're within the guardrails and that we're staying under caps, including how we deal with nox. >> Yes. Thank you. Mayor. I'm Stuart Riley, Austin, energy deputy general manager of business services. So you are correct. We already have permits that are legally enforceable that set nox emissions limits. We are we have to stay within those limits for each of our resources. This your amendment also provides a CO2 one CO2 standard. There is not a similar CO2 standard. That's a corollary to the nox standard. But what this does is because CO2 and all of our greenhouse gas emissions for all of our resources are directly correlated. As your amendment points out, 99% of the greenhouse gas emissions from our resources are CO2. But [2:34:22 PM] our resources are CO2. But anything beyond that is going to be under the current portfolio directly correlated with that CO2. So by creating this, this carbon intensity standard, by implication, you are already creating a nox intensity standard or any of the other emissions a standard for those. And then going forward, we also the last sentence says that if our generation makes changes to where that correlation doesn't exist anymore, if there is some other kind of resource that emits nox but not CO2 and is not directly correlated in that way, that we would come back and create a new nox intensity standard. I also want to point out that just in terms of nox in general, I do want to recognize council member Allison alter's amendment that establishes that risk of nonattainment and makes that explicit that that is a risk that we recognize as part of what we do when we're assessing new resources going forward for our portfolio. And that is an explicit risk that is now acknowledged in this plan. [2:35:22 PM] now acknowledged in this plan. >> Correct. Thank you very much, members. I would move adoption of Watson amendment one to item number two. It's seconded by the mayor pro tem. Any discussion with regard to that item? Without objection okay. Please. >> So this is a question that's kind of for all the amendments, but you're starting with yours. So this is a question for Austin energy. So this whole thing is a plan to guide how we make choices as we invest in generation to meet the goals that we have set as a community with respect to affordability, reliability, sustainability and equity. It's a plan. The world changes. Things don't go as planned if, as you are optimizing to get the right generation mix and there is an element of the plan that proves problematic, what will be the [2:36:24 PM] problematic, what will be the process to come to council and how timely will that be? Should we need to adjust the choices that we're making? >> Yes, we. We anticipate giving regular updates at Austin energy utility oversight committee meetings, and I can't remember. I believe it's Ryan alter amendment four that that establishes us reporting back to council on a semiannual basis on the progress for achieving our goals, our stack emissions of carbon and carbon emitting resources, and the progress towards ending the use of coal and some other things. And I think that would be the time during that standard reporting process where if we were bumping up against some challenges in terms of developing new energy resources, if we weren't getting the all resource rfp results, solar storage, all those kinds of things, if we were running into challenges there, certainly we would keep we have those regular check ins. >> Thank you. And I would I [2:37:24 PM] >> Thank you. And I would I would just sort of like, I won't be here to be doing the oversight myself, but I really want to encourage Austin energy if there's a problem to surface it when there needs to be action. You know, when I first came on council, we discovered some old rule about vegetation management, which created all sorts of problems. And it was like, well, council said this and nobody came back and said we needed to update that. And then we, you know, proceeded to update it. And, you know, had we not updated it, the damage with trees and the problems that we had during the winter storms, etc. Would have been even worse. So I want to make sure that as we approach this process and this understanding with this plan, that we're in an unpredictable world and that there is a dialog and a partnership, and that we've added a lot of elements to this plan, which are important to us [2:38:26 PM] plan, which are important to us as a council and important to the community as we've heard them. But we haven't tested them in the real world, and they may interact in interesting ways, or there may be some major opportunity that comes up that is innovative, but somehow some little piece of this falls off, falls against what we've laid out. So I just want to make sure that we have a clear understanding as we're adopting this plan, that this is an ongoing partnership, and it's a living document that we are that we are setting into motion. >> Good point. You agree I completely agree. >> And our our, our our hope with this plan was to lay out something that aligns where that meets this council's values, but also has enough flexibility to where we can meet challenges and maybe ways that we didn't expect. And also, I think, gives us the opportunity to come back [2:39:26 PM] us the opportunity to come back and flag those challenges at a at an earlier date. And your point is very well taken, I appreciate that. >> Yeah. And my hope is that there's things in here, even things that came from the community that will be like the reach process where, you know, we were not successful in closing fayette yet, but we reduced the emissions tremendously through that process. And there are there are there are those little gems in here that have that potential. But until we actually take action, we won't know what how they will blossom. So I just really wanted to communicate that before we talked about too many of these amendments, because it seems that Austin energy has agreed to all of them, but I don't know if they're hesitations or challenges when you put them all together that are important. >> Yes. Thank you for that. We know it's going to be a challenge and we're going to do our best to meet this, the council's and community's goals that are laid out in this plan. But thank you. [2:40:27 PM] But thank you. >> Yes. Thank you. Council member alter there being no objection to Watson amendment number one to item number two, without objection, it is adopted. That will take us to zo qadri amendment number one. And I'll recognize council member zo qadri to lay out his proposed amendment. >> Great. And I just want to confirm I should lay out both of my amendments at this time. Is that right? >> Well, I'd prefer to take them up as separate items. So if you'll lay out zo qadri one and then zo qadri two. Got it. >> Great. Okay. Well, I want to thank once again everyone who came out today to speak all the all the advocates and also want to thank Austin energy on all their great and hard work. And they want to thank my colleagues, all of us who are bringing forward amendments and also those not bringing forward amendments, but but very appreciative of everyone. Everyone gets a thanks, but want to thank council member Ryan alter, the mayor, council member Alison alter, and council member, the council member Jose [2:41:29 PM] member, the council member Jose Velasquez on his amendments. But I'll lay out my first amendment. You know, my two amendments as a whole increase goals for both local solar and battery storage by 2027. And it's because I believe it's important that we show progress to the community in the short term, while we are working toward our over achieving our overarching goals in the long term. So, so zo qadri amendment number one sets a goal of reaching 205mw of local solar energy by the end of 2027, and keeps the proposed overall goal of 405mw by 2030, 2035. >> Council member zo qadri moves approval of zo qadri amendment number one to item number two. It's seconded by council member Velasquez. Is there discussion with regard to this proposed amendment? Without objection? Zo qadri amendment number one to item number two is adopted. Chair recognizes council member zo qadri for his proposed amendment. Number two to item number two. Great. >> Thank you. Mayor. The second amendment commits Austin energy [2:42:30 PM] amendment commits Austin energy to installing 125mw of battery storage by the end of 2027, as well as reaching toward installing 300mw of storage by the end of 2030. And there was a version two of this amendment, which removes up to 300 and sets the study at 300, and it creates a reporting back period. >> And members, I'm glad council member pointed that out. The item that you should be looking at is version two of zo qadri amendment number two. Council member zo qadri moves approval of zo qadri amendment number two, which again is version two to item number two. It's like that commercial. It's not the fours, it's the twos. Yeah. Council member zo qadri moves approval. It is seconded by the mayor pro tem. Is there discussion with regard to zo qadri amendment number two? Without objection. Zo qadri amendment number two is adopted members that will take us to council member Velasquez proposed amendment number one to item number two. And the chair [2:43:31 PM] item number two. And the chair recognizes council member Velasquez on his proposed amendment. Number one. >> Mr. Mayor, I'm not sure when we can adopt this, but I would like us to be able to adopt the way that council member zo qadri addressed me as the Velasquez so that we can work that out later. >> Let's get that posted so we can make sure there's plenty of public comment. >> All jokes aside, the my first amendment, this amendment looks to increase ways for renters to participate in clean energy. >> Council member Velasquez moves approval of Velazquez amendment number one. It is seconded by council member harper-madison. Yes. Council member Kelly. >> Can I just say, as a renter, I appreciate that. >> I second, I think as a renter, I think you got two votes. >> I'm excited. We're stacking them up now. >> That's right. With that being said, is there any further discussion with regard to Velazquez amendment number one? Without objection, Velazquez amendment number one to item number two is adopted. That will take us to Velazquez. Proposed [2:44:33 PM] take us to Velazquez. Proposed amendment number two. >> This this amendment directs Austin energy to put out an rfp for any and all resources that can meet our energy needs before investing in new gas speakers. >> There is a motion by council member Velazquez to approve Velazquez amendment number two. Is there a second to the motion? Seconded by council member Ryan alter? Is there discussion with regard to Velazquez? Number two, council member harper-madison. >> Thank you. Brief discussion discussion. I absolutely support the amendment and just had some curiosity around measures of accountability, like how do we make the determination that because the way it's worded, it says that we invest in every other prior to I just wanted to make sure that there's some clear protocol on how they do the reporting and how we hold, you know, the process accountable, which I wasn't certain about that. >> Fair enough. >> With your permission, council member, why don't we bring up [2:45:33 PM] member, why don't we bring up Austin energy to ask them how they think they how they read this and how they think they need to report back to us so that we're able to achieve the goal? >> You almost got me. You got two out of three. You said how and how, but mine is a how, how and who. >> Okay. >> Fair enough. >> How do you see it? How would you do it? Who does it? Who's the person that's responsible or what role is responsible? All right. >> Lisa martin Austin energy chief operating officer I'll start answering the question. And if I don't capture all three of them, you catch me in there. Okay, so when we do a solicitation to serve our energy needs, this, you know, we cast the net as wide as possible to see what options are out there. And so council member Velazquez's amendment just sets the expectation that if we're ever looking to do something that's related to natural gas Peaker unit, that we cast the net for all resources that could possibly address those needs. And he he has some items in there specifically about storage, fuel cells, geothermal and other technologies. So he's really just kind of clarifying [2:46:34 PM] really just kind of clarifying something that we would do generally. Wright this past year, we did an a carbon free all resource solicitation. This is the same concept. And so the second part of your question is how would we come back to report to you on that. So after we do a solicitation, our energy market office reviews all of the opportunities before us, and we review that as part of the risk oversight committee within Austin energy and ultimately bring proposals back to council to say we recommend adopting and signing this power purchase agreement. One of council member Ryan alter's amendments. And I don't want to steal his thunder, but speaks to the expectation of how you would demonstrate, you know, what we're bringing forward and what the what the alternatives were. And so how we bring that to you for a decision. Okay. >> And then who. >> What's the question about who the I mean, who's our point of contact? >> What person within the organization. Like just trying to. So I get that by way of procedure. It goes like this by [2:47:36 PM] procedure. It goes like this by way of reporting. It goes like that. But if we had questions or wanted to follow up who's the who? I often find that that's part of the difficult part. >> All right. Yes. So these solicitations are run by Austin energy. So general manager con that's that's the answer under me. And then I'm under him. And then Michael angler who's spoken many times here as well. It's his ultimately his organization that does these solicitations. >> Thank you thank you thank you. Further further you want to add anything? >> Councilmember Velazquez I was just going to say that when you're actually here on the dais, you don't get your your thunder stolen. So congrats. >> Any further discussion? Without objection. Velazquez, amendment number two to item number two is adopted. Thank you. Council member. That will now take us to council member Allison alters proposed amendments. Item number one, proposed amendment. Item number one, councilmember Allison alter, you are recognized for your proposed amendment. Number [2:48:37 PM] your proposed amendment. Number one to item number two. >> Thank you. So I move approval of my amendment one, which clarifies language about the carbon free goal. The original statements in the summary are for continued progress to an industry leading goal, and my amendment makes it very clear that this dais is committing to an industry leading goal of 100% by adding continued progress and clear commitment to an industry leading goal of 100% carbon free energy by 2035. Progress is not enough, in my view. >> Thank you. Council member. Is there a second to Allison alter? Proposed amendment number one, seconded by council member zo qadri. Is there discussion without objection? Allison alter proposed amendment number one to item number two is adopted. Council member alter, I will recognize you on your proposed amendment. Number two. >> Thank you. I move approval of my amendment to related to local air quality and nonattainment. [2:49:38 PM] air quality and nonattainment. This amendment comes in four parts, and I'm not going to read all four parts, but the main idea is to add the fact that Travis county is at risk of exceeding local air quality standards set by the U.S. Environmental protection agency specifically for ozone exceeding the standard may put the county in nonattainment. Part B adds relevant language supporting that in the energy landscape section about kind of what that means. Part C is in the generation retirements section, and part D is in the protect local air quality, which kind of underscores that ultimately where we want to get to is that if generation loads need to rise, we want them to be rising because we are electrifying things that would otherwise be polluting so that we have a net emission reduction. >> Council member Allison alter moves approval of the amendment [2:50:38 PM] moves approval of the amendment number, her amendment number two to item number two is there. It's seconded by council member Velasquez. Is there discussion with regard to all Allison alter, amendment number two to item number two? Without objection, Allison alter, amendment number two to item number two is approved. Council member Allison alter, you're recognized on your proposed amendment. Number three. >> Thank you. And the other ones were the same from the first and second version. But I do want to point out I'm working from a version two for amendment three, which is similar to what I had before. Just adds a couple words. So amendment three should be related to solar and battery storage on city owned property, and it adds a line in the prioritized customer energy solutions to say, the city of Austin commits to exploring how to maximize the siting of solar generation and battery storage on city owned land and properties, where it makes environmental and economic [2:51:39 PM] environmental and economic sense. That's what this amendment adds to version two draft of the plan. I will note that the version two put back, at my request, a line that was in the prior plan. That said, continuing from the previous resource generation plan, Austin energy will continue to take the lead with other city departments to maximize dsm and load shifting opportunities within the city of Austin. Operate operations. >> Councilmember Allison alter moves that the council approve her proposed amendment number three, version two, to item number two. It is seconded by the mayor pro tem. Is there discussion with regard to this item? Do you wish to say something? >> I do, I just wanted to underscore with the city manager that the success of this amendment depends on the city manager prioritizing doing this at our city facilities as well. It's Austin energy itself is not walking into the facilities and installing these things. They're there to help and support and help lead in that process in [2:52:40 PM] help lead in that process in appropriate way. But this is in some sense direction for the city manager's office building off of work that my colleague Ryan alter initiated with respect to the demand response, but also adding the local solar and the battery storage to be something that we look at for our buildings as well. >> Thank you. Any further discussion? Without objection, Allison alter, amendment number three, version two to item number two is adopted. Councilmember Allison alter, you're recognized on your proposed amendment. Number four. >> Thank you. Amendment four is related to the guardrails under the opportunity or the section that allows Austin energy to explore speakers and just adds some clarifying language that suggests that the language in this section already are guardrails, and that they will develop new and updated guardrails as generation comes [2:53:40 PM] guardrails as generation comes online. >> Motion is made by councilmember Allison alter to adopt her amendment number four to item number two. Is there a second? Seconded by council member harper-madison. Is there discussion? Without objection? Allison alter, amendment number four to item number two is adopted. That will take us now. And the chair recognizes council member Ryan alter on his proposed amendment number one to item number two. >> Thank you very much, mayor. I move adoption of amendment number one, which looks at the time when we can take a holistic approach to our emissions. I think we all share the goal of reducing emissions within Austin. But as councilmember Allison alter mentioned, and we've heard numerous times from the utility and others, our load might grow because we are electrifying vehicles. Or are the stoves in our home or the [2:54:40 PM] the stoves in our home or the furnaces in our home. And so we want to reduce emissions on a net basis. And so when that those data are available, the utility will, will propose goals that take that holistic approach. >> Thank you. Council member council member Ryan alter moves approval of Ryan alter, amendment number one to item number two. It is seconded by council member Kelly. Is there any discussion? Yes. Council member Allison alter, I really appreciate this amendment, and Ryan and I have had many conversations over this, as I have with the utility, and I really just want to underscore that this is where we need to head. >> There are things in the plan that suggest, you know, say for energy efficiency, we're going to, you know, move from megawatts, reduce to greenhouse gases. But we at the same time that we do that, we really do need to strive to be able to find a way that we can quantify some of those other things that [2:55:43 PM] some of those other things that we are achieving for our net emissions and the role that Austin energy plays in that, because there are scenarios where if we electrify our transportation enough, if we electrify our buildings enough that we might have to add carbon emitting units in our system or lots of other generation, whatever those choices are at the time. But we would get a significant reduction in emissions in our community, and we need to be able to make those decisions if they present themselves. Obviously, we would prefer for that to be renewable energy that we were using as technology moves forward. So I just think this is really important for us to be clear, that is my understanding of where Austin energy wants to get to. But as usual, we're being innovative and we're kind of making it up as we go along because they're leading on this. >> Thank you. Further discussion. The motion is by council member Ryan alter, [2:56:44 PM] council member Ryan alter, seconded by council member Kelly, to approve Ryan alter amendment number one to item number two. Without objection, it is adopted. Council member Ryan alter, you are recognized on your proposed amendment number two. >> Thank you very much, mayor. This amendment, I feel, goes kind of hand in glove with council member zo qadri amendment, which set the goal around batteries. This is kind of about that process of how we get and Austin energy for them to go do the rfp that I believe they're going to do and come back and report to the auc, auc, I don't even know if I got that order right. >> Close enough. We know what you're saying. >> And then to continue that process, council member Ryan alter moves approval of his proposed amendment number two to item number two. >> It is seconded by council member Allison alter. Is there discussion with regard to Ryan alter amendment number two? Without objection, Ryan alter, amendment number two to item number two is adopted. Council [2:57:45 PM] number two is adopted. Council member Ryan alter, I recognize you on your proposed amendment. Number three. >> Thank you very much. This amendment has taken a winding path, but I think we've gotten it to a good spot. And that is for after we have had the feasibility analysis, just like you talked about, mayor, they have the utility come and talk to us and we can provide whatever feedback. And I know they're going to work with the community as well and then allow for that process to continue with that feedback. >> Incorporated council member Ryan alter moves approval of his long and winding number of proposed amendment number three. It is seconded by council member villa. Is there further discussion? Without objection? Ryan alter, amendment number three to item number two is adopted. Council member Ryan alter, you are recognized on your proposed amendment. Number four. >> Thank you very much. This, as Lisa alluded to a little bit ago, will just build some [2:58:45 PM] ago, will just build some reporting requirements to the council and I move adoption. >> Councilmember Ryan alter moves approval of item number of his his proposed amendment number four to item number two. It is seconded by council member Velasquez. Is there discussion with regard to proposed Ryan alter proposed amendment number four. Without objection, Ryan alter proposed amendment number four to item number two is adopted. >> Mayor, before we go on to amendment five, I'm totally fine with that passing. I do just want to underscore the importance of getting that information, but also for the oversight body to really be interrogating that information and being a partner from the get go. With Austin energy in in implementing the plan. >> Fair enough. And good comment. Councilmember Ryan alter, you are recognized for your proposed amendment number five. >> Thank you very much. Last but not least, this is the amendment [2:59:47 PM] not least, this is the amendment that was alluded to by one of the speakers just showing our our work and I move adoption. >> Councilmember Ryan alter moves adoption of his proposed amendment number five to item number two. It is seconded by council member zo qadri. Discussion with regard to Ryan alter. Proposed amendment number five. Without objection, Ryan alter proposed amendment number five to. Item number two is adopted members. Those are all of the proposed amendments that I am aware of. It's a healthy and robust and well done group of amendments. But let me ask, are there any other proposed amendments to item number two? Hearing none. This will take us back to the main motion. The main motion is the approval. I'm sorry. Oh no, not yet, not yet. >> Okay. >> All right. Fair enough. Where was I? Yeah, we're going to go [3:00:51 PM] was I? Yeah, we're going to go back. We're going to go back to the main motion. The main motion is to adopt item number two. The Austin energy generation plan, as amended, as amended by the number of amendments. Discussion on that item. Council member Velasquez, I'll recognize you first, followed by council member Alison alter and then council member Kelly. >> Mr. Mayor, I'd like to let councilman alter go before me. She was trying to press her button and I just jumped to it too quick, and I know. Well, okay. >> Fair enough. We'll vote on that. No. Council member Allison alter, followed by council member Kelly, then council member Fuentes, and then council member Velasquez. >> Thank you. The Jose Velasquez, that's why. >> Yeah, that was that's how we voted on that. >> Well, that's barter bartering on the dias. >> Yeah. >> So when I initiated this update to our generation plan in 2022, I'm not sure that I fully realized what was at stake. The [3:01:52 PM] realized what was at stake. The enormity of the task and the importance of recalibrating our approach to generation. The risks that we face are great. We can all agree that climate change is accelerating. The energy market continues to change, our demand is rising, and our regulatory environment is less than ideal. As we strive for reliability, affordability, sustainability and equity. The trade offs are real. We confront complicated interdependencies and implementation difficulties with every decision. All of this means, in my view, that our utility needs flexibility and a continued culture of innovation to navigate these Shoals. It is my hope that the plan before us provides this flexibility while clearly communicating our values and expectations without about priorities and key strategies for achieving them, as well as our values. Austin energy has been a leader for a long time, and I think in this discussion, [3:02:54 PM] and I think in this discussion, we sometimes lose sight of this. This plan is a challenge to them to continue to be a leader. The work to achieve 100% carbon free as a percentage of our load by 2035 begins again today. As is often the case in the public sphere, we will not be judged by the plan, but in how it is executed, the choices made over the next few years will be critical. I am mindful that the next steps fall to Austin energy and the next iteration of our Austin energy utility oversight committee. Both will have to work to will have a lot of work to do to meet the goals laid out in the plan. I hope that the spirit of exchange and clarity of tradeoffs continue to be front and center, and that the utility and the council understand the tasks before them. I want to thank everyone for the work that's gone into getting us to this point today. I must admit, though, it's been [3:03:55 PM] I must admit, though, it's been a long two years and the plan is not perfect. These past several months. We though, have made some very significant strides, and we've collaborated in new ways between staff and council and the community. I do think that we do our best work when we clearly understand the problems we are trying to solve, and bring in all the valuable and pertinent perspectives like we have done on this plan, I know that it can feel exhausting to be thorough, especially when that work has to be done in such a short time. But it's important work that will have significant impact on our city and its residents. So thank you to everyone, especially our community members and advocates who have put so much of their time into helping us arrive at a plan that, while still not perfect, has gotten us to a point where we can make progress on improving the reliability, affordability, and environmental sustainability for Austin energy and our city. I also want to thank my colleagues, council [3:04:57 PM] thank my colleagues, council members Ryan alter, zo qadri, Fuentes, Velazquez, vela, and Watson for some really thoughtful amendments. I also want to thank the eu commission, and especially my appointee and the commission's chair, Dave Tuttle, who's been a great resource to me and my office for many years. I want to thank Melissa marchman, Ashley fisher and Ashley Richardson on my staff, who worked on this plan at various stages from. Initiation forward and supported all of the work that went into understanding the problems and where we were going. I also want to thank the Austin energy staff who stepped up to educate and listen to the community and council, and a special shout out to Lisa martin, who handled all our challenges and all our questions with poise and your and your whole team. The next steps are in your hands and Michael's I guess. So I'm really pleased that we've been able to have this productive and informative discussions, and I'm [3:05:57 PM] informative discussions, and I'm pleased to be able to be voting on this today. I look forward to seeing how the smart people at Austin energy incorporate the amendments. We've passed amendments I know improve the plan we've been presented with, and I really do look forward to seeing the growth in demand response and battery and solar advancements that will help get us to the closure of fayette, which still remains one of the most important goals for our community. So thank you. >> Thank you. Council member, council member Kelly, followed by council member Fuentes, then council member Velazquez. >> Thank you. And I'd like to thank council member zo qadri for his good looking out for me. As I pressed the button, he thought it meant that I needed to interrupt you, which I will no longer be able to do. So I appreciate that. Last night I was in a commission meeting, and I got word that several of my colleagues were working very hard to get amendments put together and to bring them today. And I looked at the clock, it's 3 P.M, it's not midnight. And that work that you all did as colleagues to get us [3:06:58 PM] all did as colleagues to get us to a place today where we could pass this at a regular hour, is really something that is a testament to the hard work and dedication that you all have to ensure that we remain a wonderful city, and that we get the work done that needs to be done. And I want to thank Austin energy's hard work on community engagement and presenting this to us for my many colleagues, again, for offering their wonderful amendments to council member pool, I want to say one more time, thank you so much for all the work that you did leading us on that Austin energy oversight committee. I was proud to be vice chair with you last year, and to learn so much from your leadership, and just something that I knew very little about. I just knew I wanted the lights on, and now I know all the intricacies that go into that, and it gives me so much more of an appreciation for the work that our electric provider does for our community in every day, day in and day out. It should come as no surprise to any of you that I want to continue to keep the lights on, and I know that my [3:07:59 PM] lights on, and I know that my colleagues have a vested interest in that as well. I'm proud that the city is the cleanest, most climate conscious city in Texas. We should all take pride in that. I'm glad to see the steps that we've taken today, and that we will take in the future to continue to have that happen. And, colleagues, I'll just close with this, as I'm sure you all probably want to know, I'm not voting against this, so thank you. >> Oh, thank you, council member Kelly. No, thank you very much. Council member Fuentes, followed by council member Velazquez and then council member harper-madison. >> Thank you. This Austin energy generation plan is not only about generating electricity, it's about the legacy that we leave for generations to come. I'm really proud that we, as a council, through this plan, remain committed to addressing climate change while we balance the needs of our community for affordable, reliable energy. This plan reflects Austin energy's leadership towards a clean energy future with greater investments in conservation, energy efficiency, renewable energy like wind and solar, and [3:08:59 PM] energy like wind and solar, and in battery storage. And I believe that with the amendments that we've adopted today, our leadership in pursuing a carbon free future is reflected in this plan. It's important for council to stay involved in the important decisions going forward, and to make sure that our community's values, like maintaining clean air and water for all of our residents, no matter where they live, but especially in district two, where we know sand hill is located, continue to be represented in those decisions. I want to thank the members of the electric utility commission and the resource management commission for all of their recommendations for making this plan stronger than where we started, and for continuing to challenge us, challenge us to push the limits on what it means to be a leader on clean energy. I also want to thank the volunteers of the community workshops, especially community representative for district two, Norma Cortez, for the many days that they put towards ensuring that this plan includes the voices from our community and as our as our city continues to grow. This plan sets us on a [3:10:00 PM] grow. This plan sets us on a course to keep up with that growth while protecting ratepayers and ratepayers and our environment. Our work on pursuing a secure and clean energy future is not over today, and I look forward to working with our community and our utility experts on making sure that Austin energy remains a point of pride for all austinites. I will be supporting this plan today, as amended. >> Thank you very much. Council member. Council member Velasquez, followed by council member harper-madison and council member Ryan alter. >> Thank you, Mr. Mayor. I just wanted to express my heartfelt appreciation to Austin energy staff and to my colleagues on the dais and to their staff for all their work that has gone in to making and getting this plan to a better place. Huge thank you to our community members, especially our commissioners, for their thoughtful and intentional input and expertise as we've navigated this work. I know this dais may not know this, but I grew up in east Austin. I probably have never mentioned that before, but I spent my entire childhood just three blocks away from the holly [3:11:01 PM] three blocks away from the holly street power plant. I was almost 30 years old by the time it was closed, and I've seen and experienced firsthand the detrimental impacts of fossil fuel energy generation on low income communities and communities of color, environmental justice, and the impacts of energy generation on public health has got to be central to any conversation we have on energy now and for future generations. And I'm here for it. And I will be voting for this, as amended. Thank you, thank you. >> Council member. Council member harper-madison, followed by council member Ryan alter. And then I'll call on the mayor pro tem to close. >> Thank you so much, Mr. Mayor. I really appreciate it. I guess I mostly want to speak to the fact that this plan has progressed. I think we all recognize that, and I think it's progressed to one that incorporates the council and the community's feedback in large part, which I think I've said this before, you know, I had a mentor tell me one time when, when, excuse me, compromise goes, well, everybody feels like [3:12:04 PM] goes, well, everybody feels like they lost a little something. And I hope that most people feel like we gained something. And that's the opportunity to continue to take a look at this as we move forward. I fully understand the concerns that have been expressed by community advocates. I have my own concerns as a person who, you know, identifies as a mom. I always think about my kids future, and so that's something that is near and dear to my heart as we consider implications around climate reality and climate justice. I do, however, have some, I guess maybe not necessarily personal for me, but personal for the district that I represent. Considerations that were considered and recognized that, you know, really means a lot to district one. So our northeast planning district, you've heard me much like you never heard council member Velasquez say he's from the east side. You may have never heard me say that. District one east 183 is going [3:13:05 PM] District one east 183 is going to be the fastest growing part of the city of Austin and will, you know, have the most impact developmentally. And so recognizing that our utility generation, the ability to meet, the need, the ability to also continue to be innovative as we move forward with generating energy in a way that's forward facing and evergreen, so to speak, is important. So making firm commitments, hence my questions earlier about accountability, making firm commitments around community benefits, making funding for renewable energy sources, parks and health initiatives, customer assistance programs and tangible implementation for residents. Priority is certainly a concern for myself and the folks that I'm representing as I sit on the dais, similar to the discussions we had last week at the housing and planning committee, and for those who didn't follow, we talked specifically about generating energy on roofs. We [3:14:06 PM] generating energy on roofs. We talked about solar, and we talked about green roofs. And just frankly, just opening up conversations. You know, we're going to follow that up with one that council member, alter and I, Ryan alter and I really look forward to. And that's alternative building materials, just really taking the opportunity at every turn to use every body, every commission, every committee and this body to think about what the future of the city of Austin, Texas, looks like is a priority for all of us. So I do believe that with targeted investments and protections in place, that we can continue to set a precedent for how Austin leads on climate action, on sustainability. And I look forward to continuing this conversation and continuing to work together to put us all in the best position possible for the future and, frankly, to follow through on our climate goals. So thank you, Mr. Mayor, and colleagues and staff and community, everybody who took the opportunity and the time, frankly, to weigh in on such [3:15:07 PM] frankly, to weigh in on such important matters of consideration. I really do appreciate the robust nature of the discussion and look forward to the continuation of it. >> Thank you. Councilmember harper-madison. >> Councilmember Ryan alter, thank you very much. I want to first and foremost, thank the advocates, the community, for coming out. I know the final text is not exactly what those in the audience might have have wished, but also thank echo staff. And I know the same is true of them. And here up on the dais, I appreciate all the work that has clearly gone into this. And, you know, safe to say that there is no person in this room who, if given the power, wouldn't change a little something here or there in the plan. That's that's policy making. Every morning I, I have the privilege to make my kids lunch before they go to school. And they have these metal lunch boxes with a bunch of different [3:16:09 PM] boxes with a bunch of different magnets that can put on them and make them a lot of fun. They're they're rockets. They're unicorns, dinosaurs. More unicorns. But we have also a little set of environmental magnets. And for one reason or another, both of my kids favorite magnets says, be kind to our planet. And if anybody who has kids know if two of them have the same favorite, there's no problem at all with that. Never any disagreement. But that is the lens through which I look at this plan. You know, a generation plan for the next generation. I we all recognize that climate change is happening. It's happening because of actions we took, and it's going to take our own actions to get out of it. And [3:17:09 PM] actions to get out of it. And it's not just not kind to our planet, it's not kind to our wallet and our health. We heard about the respiratory diseases, asthma, heat related illness, etc. Councilmember Allison alter talked about the insurance problem we're having. We can't insure our homes or I know everybody here, myself included, is paying more because of the natural disasters we're all paying for food costs, farming, that it affects everything. And there are tools within the plan to address that, right? We talked a lot about the tools in the toolbox. There are some great tools demand response, solar energy efficiency, batteries, geothermal. We're going to use them all. And there are other tools. And we're going to have those conversations when the time comes about those tools being used or not. And that's a decision we will make as a body, [3:18:12 PM] decision we will make as a body, as a community. When that time comes. But today I am going to support this plan and I'm going to push for those tools, and I'm always going to do it through the lens of being kind to our planet. Our kids are depending on it, and I know we can do it. >> Thank you. Council member mayor pro tem to close on the motion. >> Thanks, mayor. I want to thank everybody on this dais for all of your strong efforts, and I want to thank and appreciate all our employees at Austin energy and specifically our general manager, Bob Kahn, and his star team lineup. Lisa martin, Stuart Riley, Michael anger, Amy Everhart, all the folks, including the ones that [3:19:12 PM] folks, including the ones that we maybe I don't have their names. Also, Linda rife and her team at rifeline. Thanks to members of the electric utility commission and the other city commissioners who weighed in, and the many community members who devoted significant time to the work. Crafting this plan update. In particular, I want to recognize Randy Chapman, who has served district seven as auc commissioner for many years, and maybe he could be talked into continuing to serve. So I'd like to see if I could get someone to reappoint him. So that's Randy Chapman and all my thanks, Randy, to you for all your efforts over the years, and most especially on this plan. So colleagues and community, we are in a good place because we all worked together. And I'm real proud that the vote that is happening on this is happening today. My last council meeting, my last as the chair of the [3:20:14 PM] my last as the chair of the well, I guess we had the last oversight committee a couple of weeks ago, but when I leave office, someone new will be taking that mantle, and I'm happy to be passing this along to the council in the future because this is good, strong work and lays really good a new foundation to move forward to. And I hope that the vote that we record on this today will be as strong and unanimous. One that reflects all of the good efforts and collaboration and coordination of everybody who came to the table and helped. Thank you. >> Thank you, mayor pro tem. And again, thank you for your service and the role you've played. Members, the vote will be on the adoption of item number two as amended. Is there any further discussion? Oh, look at her. Okay. For those that can't read it, it says it's an Austin energy. Hat. >> So, Santa, it's her Hanukkah [3:21:18 PM] >> So, Santa, it's her Hanukkah hat. >> No. There being no further discussion without objection. Item number two, as amended, is adopted. Congratulations, everybody. Good work. Members, what I would suggest we do is we go, as I said we would do to item number 86, item number 75 and item number 87. Those are the tpid items. After that we will go to the other non consent items and the public hearings before we get to the zoning items. I don't anticipate, for those of you all that that are sighing out there and thinking you've been done badly, I did ask you to get it off the off the docket today, but you didn't do that. So don't don't sigh too loudly so I can hear it. With that being said, I think it's [3:22:18 PM] that being said, I think it's going to move pretty rapidly, including on the tpid item, because while we have a few people signed up to speak, they know that they don't really need to speak for a long time in order to make their point. That being said, I want to call up item number 86 members for purposes of you of why we're doing 86 before the public hearing on 75 is 86, must come before 75, and then 87 will come up after 75. So let's go to item number 86, and I'll turn to the city clerk's office to see if we have people I know. We have people signed up to speak, and you can call their names. >> Thank you. Mayor. First speaker is William bunch. >> Okay. One second, please. Again, take your conversations outside so that we can continue our work. Thank you all and thanks for being here. Thanks [3:23:20 PM] thanks for being here. Thanks for all the good work up to now. All right, Mr. Bunch, are you here? Mr. Bunch? Bill bunch, he's not here. >> All right, rob Gillet. Joe balusek and Joanna Mccreery. >> If your name's been called, please come forward. Take a seat on the front row or take the microphone. >> Good afternoon, Mr. Mayor. >> Mayor pro tem, council members. Mr. City manager, I'm rob Gillette. I'm the current chairman of the visit Austin board. I'm also the general manager of the renaissance hotel, which is located in the arboretum district. I'm here to speak in support of the Austin tourism public improvement district, and I would tell you the passing and implementation of the Austin tpid. It's absolutely critical to our industry and to our community. For Austin, we find ourselves in a unique and really an unprecedented time. We have a [3:24:22 PM] unprecedented time. We have a much needed redevelopment and expansion of the convention center, and it's going to close the closure of the convention center. We estimate that there will be a loss of 400,000 hotel room nights annually. So quite simply, the tpid will be our lifeline. The tpid will allow us to secure at least 250,000 replacement room nights annually through targeted incentive funding, and we estimate the tpid will generate an additional 125,000 room nights through expanded marketing efforts. Visit Austin we want to ensure that the tourism and occupancy tax collections stay up during the closure of the convention center, and every dollar in tourism marketing generates multiple dollars in our local community. And I would tell you, this is not just about downtown hotels. My hotel, if you're familiar, the arboretum, it's [3:25:23 PM] familiar, the arboretum, it's not downtown. I've been a general manager in in Austin for over two decades. This isn't just about hotels either. It's about supporting the local community. It's local restaurants, it's music venues, it's musicians, it's arts, it's cultural centers across this amazing place that we all get to do life in, in Austin. >> Thank you, sir, but I'm. I'm sorry. Your time has expired. Thank you. We appreciate your support. Thank you. >> Mayor. I've called all the speakers, so if your name has been called, please make sure your name has been called. >> With regard to item number 86. Okay, members, that concludes all the people that that are going to speak on item number 86 today. So the chair would entertain a motion to approve the resolution with regard to item number 86, council member vela moves approval. It is seconded by council member Fuentes. Is there discussion? Without objection. [3:26:26 PM] discussion? Without objection. Item number 86 is adopted with council member Ryan alter, council member Mckenzie Kelly and the mayor pro tem temporarily off the dais. Members that will take us to item number 75, which is a public hearing. Without objection, we will open the public hearing on item number 75. The public hearing is now open, and I will turn to the city clerk. >> Thank you. Mayor. We have two speakers, William bunch and rob Gillette. >> Mr. Bunch, are you here? Mr. Bunch? William bunch, not here. You wish to speak? All right. He members. That's who just spoke to us on the other item. And he is passing. There being no other people signed up to speak on at the public hearing on item number 75. We will close the public hearing. The public [3:27:26 PM] public hearing. The public hearing is now closed. Members, I want to make clear for the record that we conducted a public hearing on item number 75 and by the action of closing the public hearing, we are passing on any objection raised to the proposed assessment that was set forth and will be set forth in the ordinance. When we get to the item on item number 87, that will be part of our motion. But before we close the public hearing, I want to ask the members of the council if there are any members of the council that have heard any objections with regard to the [3:28:26 PM] objections with regard to the creation of this item that they wish to take up at this point in time. That being the case, we have closed the public hearing. We'll now go to item number 87, and I'll turn to the city clerk to ask if there are any people signed up to speak on item number 87. >> Thank you. Mayor. First speaker is William bunch, followed by rob Gillette and Joe Velasquez and Joanna Mccreary. >> If your name has been called, please come to the front of the council chambers if you wish to speak. If your name's been called, please come to the front and speak. All right. I don't see anybody coming forward. So, members, this is item number 87. And with regard to this, the chair will accept a motion. And the motion will be to approve item number 87. After having conducted the public hearing. [3:29:27 PM] conducted the public hearing. And the action would also be passing on any objection raised to the proposed assessment that is set forth in the ordinance. That motion is made by council member zo qadri, seconded by council member Kelly. Is there any further discussion? Yes, please. Council member Fuentes, thank you. >> You know, I'm thrilled to have this tourism public improvement district move forward along with the service plan. I was, as was highlighted earlier, we know that we are going to go through a convention center redevelopment, and we will have a closure of our convention center. And as a result, it is really important for us to have the tpid up and standing and providing the necessary incentives and funding to ensure the vitality of our tourism industry and of our hotels. And as part of this agreement, we also have a new revenue source and a dedicated revenue source through the previously adopted resolution by council member Ryan alter, which establishes the hope fund, which will help us ensure that we have much needed revenue to support homelessness, particularly [3:30:29 PM] homelessness, particularly around permanent supportive housing and the wraparound services. And so I'm thrilled to see this move forward and just want to thank the council for the support. >> Thank you. Council member any further discussion? Hearing none. Without objection. Without objection. Item number 87 is adopted with council member Ryan alter temporarily off the dais. We will now go to item number 70 and item number 71. Following that, I'll recognize the chair of the audit and finance committee, councilmember Allison alter, for a motion with regard to item number 70. >> Mayor, we didn't have anyone come to audit and finance with a concern about this. It looks like their speakers. Before we make a motion, I'd like to hear the speakers first. Speakers because there were no issues raised. >> That's fair enough. I'll turn to the city clerk for item 70. >> We have Jenny Grayson, Noah, Elias, Monica Guzman, and Carmen [3:31:29 PM] Elias, Monica Guzman, and Carmen Lianes. >> All right. Is there anyone here whose name was just called on item number 70 that wishes to speak? It doesn't look like it. Council member alter, I'll recognize you again for a motion. >> Thank you. I move approval of item 70 that approves the community development commission bylaw amendments. >> Ken councilmember Allison alter moves approval of item number 70. It is seconded by the mayor pro tem. Is there any discussion? Without objection. Item number 70 is adopted with council member Ryan alter temporarily off the dais. The chair recognizes the chair of the audit and finance committee. Chair, chairman, chairwoman Allison alter, for a motion on item 71. >> Assuming that the speakers are not here against this, I will move item 71, which is a corollary item that we have to take. That's an ordinance amending city code to remove provisions related to the [3:32:29 PM] provisions related to the community development commission updates were making. >> Thank you. Council member. Council member Allison alter moves. Approval of item 71 is seconded by council member harper-madison. City clerk, will you please call the names of anyone signed up to speak? >> Yes, mayor. First speaker is Jenny Grayson, followed by Noah Elias, Monica Guzman, and Carmen Lianes. >> Miss Guzman, she passes. Is there anyone else in the room that wishes to be heard on item number 71? Any discussion with regard to item number 71? Hearing none without objection. Item number 71 is adopted with council member Ryan alter temporarily off the dais. Members. We've taken up for public hearings. Item 74 and 76, item number 77 has been postponed to January 30th, 20, 2025. Let me ask if there's anyone that signed up to speak that might be here. >> Wu. Yes, mayor, we have bill bunch on item 77. [3:33:30 PM] bunch on item 77. >> Mr. Bunch. Bill bunch. William bunch, I don't think he's going to talk. Is that the only person? Yes, mayor. All right. Members, item 77 has been postponed to January 30th. We've taken up 7879. Item number 80 is a public hearing. Without objection, we will open the public hearing on item number 80. The public hearing is now open, and I will turn to the city clerk for item number 80. >> We have Chris Bradford registered to speak with time donated from Paul Diaz. Is Paul here? >> Yes. >> Okay then Mr. Bradford will receive four minutes. >> You have four minutes, sir. >> Chris Bradford Jackson walker here for southwest Christian church. This is a parallel to one you heard before lunch. The church is part of the area in the manchac area, in which a petition to exclude the [3:34:31 PM] petition to exclude the properties from the city's extraterritorial jurisdiction was filed. They learned about it right before this council, again without any discretion, you know, approved the election and they didn't have a right to vote in the election or anything. So they want to get back into the city's etj. And I want to recognize the pastor, Paul Diaz. He is here today in support of pastor. >> And just for clarity purposes, when you said this council, without any discretion, approved the election, you didn't mean we didn't use any discretion and you meant we didn't have any discretion. >> You didn't give the council any discretion. >> Yeah, I just want I just want those that may be listening. Yeah. We get accused of that from time to time. This is one of those cases where it's just not true. So all right thank you sir. Is there anyone else signed up to speak in the public hearing? >> No, mayor. There are not others. >> All right, members, that concludes all the people that have signed up to speak on item number 80 for the public hearing. So without objection, [3:35:31 PM] hearing. So without objection, we will close the public hearing on item number 80. The public hearing is now closed, and the chair will entertain a motion to approve the ordinance as requested. It's made by the mayor pro tem, seconded by council member Alison alter. Is there any discussion? Council member Alison alter thank you. >> I just want to say something very similar to what council member Fuentes said earlier and to thank the folks who came to speak on this, and we did not have discretion. And I would ask that the city manager be sure that our intergovernmental relations office is very much aware of these cases and the challenges. I do remember when we were adopting this, asking kind of some questions beforehand about, well, what if property owners didn't want to do it and they didn't know about it, what happened? And we've had some other cases where it has they've seemed odd where we've had to vote for it, and it's a lot for them to have to hire somebody to come in here and, [3:36:31 PM] somebody to come in here and, and change this process around. And a lot of headache for them. >> Thank you. Council member. Any further discussion? Hearing none. Without objection. Item number 80 is approved with council member Ryan alter being temporarily off the dais. Item number 81 is a public. And thank you, pastor. Thank you all for being here. Item number 81 is a public hearing. Without objection, we will open the public hearing on item number 81. The public hearing is now open, and I will look to the city clerk's office. >> Thank you. Mayor. We have one speaker. Victor young, is Mr. Young. >> Here? He is. Or at least somebody sure is moving fast under that name. >> Hi, I'm Victor young. We're in the exact same boat as the previous two landowners who spoke on this. And we appreciate your support and admitting us back into the etj. So I'll keep it short. >> Thank you very much, sir. Is there anyone else signed up to speak? No, mayor. There's no one else signed up to speak. So, [3:37:32 PM] else signed up to speak. So, without objection, we will close the public hearing on item number 81. The public hearing is now closed, and the chair will entertain a motion to adopt and approve item number 81 made by council member vela, seconded by council member Ellis. Is there any discussion? Hearing none. Item without objection. Item number 81 is approved with council member Ryan alter temporarily off the dais. That will take us to item number 82. Item number 82 is also a public hearing. Without objection, we will open the public hearing on item number 82. The public hearing is now open and I will turn to the city clerk. >> We have one speaker, Brad Massingill. >> Mr. Massingill, are you here? Bryant okay, I haven't seen him today. Mr. Massingill all right. In that case, there being nobody else signed up to speak on item number 82. Without objection, we will close the public hearing on 82. The public hearing is now closed, and the chair will entertain a motion to approve item number 82. Is there a [3:38:33 PM] item number 82. Is there a motion? Motion made by council member Ellis, seconded by council member zo qadri. Is there any discussion? Hearing none. Without objection. Item number 82 is adopted with council member Ryan alter temporarily off the dais. Item number 83 is to be postponed to January 30th, 2025. But let me ask if there's anyone signed up to speak. >> Yes, mayor, we do have speakers. We have Jenny Grayson. >> Hang on one second. I'm going to need to open a public hearing on that. Without objection, we will open the public hearing on item number 83. The public hearing is open for those that are signed up to speak. And there are a number of you signed up to speak on item number 21. I'm sorry, item number 83. That was a freudian slip. There are 21 of you signed up to speak on item number 83. If you this is being postponed. So take that into account before you. You [3:39:34 PM] into account before you. You give your public comment. So please call the speakers. >> Speaking on the merits of the postponement, we have Jenny Grayson, Christopher Paige, Brad Massengale, Marianne Sanchez, Laura Ann Martinez, Monica Guzman. Hang on. >> Let's pause right there. Is anybody whose name has been called on item number 83 wishing to be heard. I see, I see only miss Guzman and she's indicating no. Is there anyone else wishing to be heard so far? Okay. Please can continue. >> Susan Spataro, Bobby Levinsky. Mario. >> Mr. Levinsky is indicating he's waiving his right to speak. >> Mario Cantu. Sharon. >> You wish to speak, Mr. Cantu? He's waiving his right to speak. Thank you. >> Sharon Blythe. Carmen Lianes. Sole praxis. Shane Johnson, uzi Mccoy and William bunch. [3:40:39 PM] Mccoy and William bunch. >> Is there anyone whose name was called that wishes to speak on item number 83? Thank you all and for the use of your discretion. Those being all the people that have signed up to speak on item number 83. Without objection, we'll close the public hearing on item number 83. However, we will reopen it on January 30th, 2025, and we will have a public hearing at that time. Without objection, the public hearing is now closed. That will take us to item 84 and 85. And before we go to item 84 and 85 and ask for any speakers, and before we open any public hearing, I'll recognize council member vela. >> Thank you. >> Mayor, this is an item that we've been working on for some time. The goal of the item is to really kind of replace the existing pda with a different system. A in one case, a db2 40. We're not quite there where we [3:41:40 PM] We're not quite there where we want to be. Importantly, there is a study and analysis of the density bonus. Policy coming out hopefully in January or so. So I would like to I would move to continue these items. Honestly I don't want to really I don't think January 30th is appropriate because I don't think we'll be ready by there. I don't know if and I would be happy to take some guidance, but I would kind of pull them down until they're ready to come back up, I guess, continue them indefinitely. >> That's the motion that I'll, I hear you saying is to postpone items 84 and 85 indefinitely. Well, here's what I'm gonna do. I got you all on the on the motion a second before I do that, I want to make sure there's nobody that a there's [3:42:41 PM] there's nobody that a there's really going to have an objection to that. Okay. Most the motion will be on items 84 and 85 to postpone them indefinitely. Motion is made by council member vela. It is seconded by council member Fuentes because they've been posted. What I'm going to do is before we take a vote on that, I will, without objection, open the public hearings on both item 84 and 85 for those that might be here to speak on 84 and 85. And there are a couple people that have signed up to speak. Keep in mind that the motion is to postpone these indefinitely so that we can get things right. But let me turn to the clerk and ask if you would please call names. >> Yes, mayor. >> For item 84, we have Jenny Grayson, Christopher Paige, Brad Massengill, Monica Guzman, and Carmen Lianes. >> Is anyone here whose name was just called? Oh, I see somebody. You were on such a roll. [3:43:43 PM] You were on such a roll. >> Yeah, but I had to trick you. >> Won't be the. Won't be the last time, I'm sure. So you're speaking to the merits of the postponement? >> Absolutely. I just want to say, because I had a lengthy statement ready to go, you know, and misa, for resident and your constituent. Thank you, council member vela, for motioning for an indefinite postponement. Considering what that could have meant. Thank you. >> Please state your name for the record, because nobody's going to believe you just said that to. Council member, I know. >> I'm Monica Guzman, policy director of Garza lugo Austin Austin district four resident and native austinite. >> Thank you very much, miss Guzman. Okay, anyone else that wants to talk nice about council member vela on this motion to postpone? >> Don't all line up at once. >> Yeah. >> All right, members, let's go. [3:44:44 PM] >> All right, members, let's go. Let's go to item number 85. I open both hearings and I'll close them both at the same time. >> Thank you, mayor, for item 85. We have Zenobia Joseph, Jenny Grayson, Christopher Paige, Brad Massengill, Ryan knell, Monica Guzman, Bobby Lewinski, and Carmen Lianes. >> All right. The only two people I see in the room are Bobby, Bobby lavinsky, and he's indicating he's not going to speak. Miss Guzman, I think, probably has had enough. And so she's not she's not speaking. Is there anyone else whose name was called that wishes to be heard on item number 85? The. And the motion is to postpone it indefinitely. Oh, I'm sorry, I didn't see him. Do you wish to speak? Okay, miss Joseph, I didn't see you either, and I apologize. Do you wish to speak on item number 85? And you will be speaking on the merits of the [3:45:44 PM] be speaking on the merits of the postponement. I take that as a yes. >> As a yes, mayor. Okay. You know, it's been an ordeal dealing with you today, but at any rate, I'm Zenobia Joseph. Thank you. Mayor, council. I don't have a problem with the postponement. As a matter of fact, I would appreciate it so that those of us who do pay attention can review the backup materials more thoroughly. Thank you. >> Well, thank you. Anyone else? That's name has been. Whose name has been called miss Guzman. You've changed your mind? >> No, I just want to be clear in my statements were for both 84, 84 and 85. >> Okay, for the record, miss Guzman, when she she gave her testimony on item number 84 with regard to the postponement, she was also speaking with regard to item number 85. Thank you very much for that clarification. That being said, there's no one else signed up to speak on item 84 or 85. So without objection, [3:46:47 PM] 84 or 85. So without objection, we will close the public hearings on 84 and 85. Although when we when they come back, they will come back and we will hold another public hearing on those. Councilmember vela, you're recognized to close on the motion to postpone indefinitely. >> Thank you. Mayor. I just wanted to thank staff on this, and they have done a lot of really good work on it. And I just want to acknowledge that I just, you know, what what we've been seeing with the pda's moving through is the pda will move through with it's kind of a web of restrictive covenants, and that's kind of a messy and difficult way to do things. We're trying to improve that doesn't quite get there, but we're going to keep working on it. But I did want to acknowledge that that staff did a real good work on it and looking forward to continue to tweak these until we get them right. >> Council councilmember Allison alter, you wish to speak on the item? [3:47:48 PM] item? >> Yeah, I wanted to just speak. Okay. >> Item first and then that's when you're recognized, followed by councilmember Fuentes. >> I won't be here to vote on this, and I think it does need more work. So I appreciate that. The underlying impetus that there's a problem with our pda process and allowing folks to use pda for residential, I think is true, and something we need to quickly address. I'm not sure that we have fully calibrated some of the planning issues for placing residential near to industrial. There is another option which is to require them to do pods. Most of these are. You could do the pda one, and then you could require pods which allow you to have the superiority and the extensive process. And I think it would be perhaps a better solution if you're still working on these pieces. Because even if you do introduce residential and it's fine on that piece, they're likely next to another [3:48:48 PM] likely next to another industrial place that may not, may or may not have developed. And they can still develop in the future near that that new residential. And I think that's a that's a problem. And it's a planning issue that we need to anticipate before we make changes. >> Thank you. Council councilmember Fuentes. >> Yes. I mean, I also wanted to highlight my concerns with item 86 to make sure 85 excuse me. In putting housing in areas that are zoned for high intensity industrial use, if you take a look at the map, you can see a lot of the industrial use zoning sites are primarily located on the east side, and we know that that is by design. So I would want to be careful moving forward, and I want us to have those considerations in mind, particularly with the health impacts. There is backup material on item 85 included, and I just want to draw your attention to it. Doctor Liz [3:49:49 PM] attention to it. Doctor Liz Mueller has has a great letter in there that has a map that shows where this would have the most impact by going forward with this policy. So I want to appreciate your attention to detail on this. And then also wanted to highlight some of the questions you asked in the q&a that councilmember Bella asked. In the q&a, staff responded that they are working on an industrial study, which staff should be reporting back the findings from that industrial study in February. So I think that information will help us inform the policy moving forward, but just want to be mindful of we have a need for industrial zoning and industrial sites, but we should be careful in how we plan out our city, particularly in the areas that are quickly and rapidly growing. >> Thank you, councilmember Vila. >> I just I really appreciate the comments. And it's interesting because in district four, the pda sites are largely shopping centers and, you know, a hotel. And so it's a completely different context from one district to the next, which is again, I think speaks to why we're not quite there on [3:50:49 PM] to why we're not quite there on a one size fits all replacement for a pda. And I mean, again, just thinking out loud a bit. You know, one of the things that I it does have that I really want to see is an affordability component. Right now, pdas are moving through without any affordability requirements. And that's a concern. So again, we've got to keep working at it. And I very much appreciate the more industrial context. For example, you know, in your district council member Fuentes and look forward to keep, keep keep working on this with with staff and constituents and everyone. >> Thank you. Great. Thank you. Members. >> Councilmember Allison alter sorry, I just wanted to add you can put a moratorium on allowing pdas to add residential until you fix this. And we've done that in the past on other things, and that would temporarily solve the problem of the residential being added [3:51:51 PM] the residential being added without the affordability and without taking into consideration industrial and if I may, I very much appreciate that some of the pda locations are extremely appropriate for residential. >> And that's where and if housing costs weren't what they were, what they are, I would be much more willing to kind of hit pause. But just given the current situation, I do think we still need to add to our housing supply, but I very much appreciate the suggestion. Councilmember Allison alter. >> Okay. With that, the motion is on items 84 and 85 to postpone indefinitely. Without objection, the motion is adopted and items 84 and 85 are postponed indefinitely. Okay, members that will take us to our zoning items. And I will recognize miss harden. We've been anxiously awaiting this [3:52:52 PM] been anxiously awaiting this moment all day. >> All day. Thank you. Mayor. >> Council, I am joy harden with the planning department. Your zoning agenda begins with item number 88, npa 2023 0013.01. >> This item is offered for consent. Second and third readings. The related rezoning is item 80 9214 2023 0021. Again, this is also offered for consent. Second and third readings with the following motion and the motion reads as follows. Amend part two of the draft ordinance to include restaurant, general and restaurant limited as conditional uses of the property, and remove professional office from the list of prohibited uses of the property. And with that again this is offered for consent. Second and third reading item 90 is the one for H. 2024 0136. This item is offered for discussion. Item 91 is the one for H. 2024 0154. This item is offered for consent on all three readings. Item 92 is C one for H [3:53:54 PM] readings. Item 92 is C one for H 2024 0098. This item is offered for consent. Second and third readings. Item 93 is C one for 2024 0139. This item is offered for consent on all three readings. Item 94 is C one for 2022 0140 rct. This item is related to items 95 and item 96, and this item is offered for consent. The related neighborhood plan is item number 95. Npa 2024 0018.03. This item is offered for consent on all three readings. The related rezoning is item 90 6c1 for 2024 0110, and again, this item is offered for consent on all three readings. Item 97 is C one for 2024 0134. This item is offered for consent on all three readings. Item number 98 is npa 2024 0024.02. This item has been withdrawn and replaced by item number 140 on your agenda. Item 99 is c1 for 2024 0125. This also is withdrawn and replaced [3:54:57 PM] also is withdrawn and replaced by item number 141 on your addendum, and item number 100 is the one for 2024 0126. And this item is related to both 140 and 141, and is offered for consent on all three readings. Item 101 is c1 for 2024 0138. This item is being offered for consent on all three readings. Item number 102 is npa 2024 0018.04. This item is being offered as a neighborhood postponement request to your January 30th council meeting. The related rezoning is item number 103 c1 for 2024 0116. Again, this item is being offered as a neighborhood postponement request to your January 30th council meeting. I don't want to force npa 2023 0017.01. This item is being offered for consent first reading with the planning commission recommendation and the related rezoning is item 105 c1 for 2023 0080. And again, this item is being offered for consent on [3:55:58 PM] being offered for consent on first reading. And I'll just note I know y'all had a full conversation about the pdas. Staff did not recommend the applicant's request because we felt that the pud was the better zoning classification, but we are moving forward today on first reading with the planning commission's recommendation. Item 106 is npa 2024 0012.020. And I just want to note for 104 105, I think I said this, but that was for first reading only. Yes okay I don't want oh six is npa 2024 0012.02.02. There is a requested postponement request by councilmember zo qadri to your January 30th council meeting, and this item is related to item 110, item 107 is c1 for 2024 0120. This item is being offered for consent on all three readings. Item 108 is c1472204 ashika. There's an applicant postponement of this item to your January 30th [3:56:58 PM] item to your January 30th council meeting. Item 109 c14 2024 0133. This is being offered for consent on all three readings. Item 110 is c14 2024 0077. This item is being offered as a postponement request by councilmember zo qadri to your January 30th council meeting. And again, this is related to 106. As I just mentioned previously, and 111 npa 2023 0029.02. This item is being offered for consent on all three. All three readings. The related rezoning is item 112 c14 2024 0132. The city initiated cases offered for consent on all three readings. Item 113 npa 2024 0015.04. This is the city initiated neighborhood plan amendment and is offered for consent on all three readings. The related rezoning is 114 c14 2024 0127. Again, this is a city initiated item and is offered for consent on all three readings. Item 115 to c14 2024 0135. This item is being offered [3:57:59 PM] 0135. This item is being offered for consent on all three readings. Item 116 ac14 2024 0150. This item is being offered for consent on all three readings. Item 117 is npa 2024 0015.02. This is being offered for consent on all three readings. The related rezoning is item 118 c14 2024 0104 and this item is being offered for consent on all three readings with the following motion. And that motion reads. Amend part two of the draft ordinance as follows. Add a new subsection a as follows and reorder the remaining subsections accordingly. A ten foot wide building setback shall be provided and maintained along the west and north boundaries of the property, where the boundary is contiguous to residential uses. And number two, make financial make alternative financial services a prohibited use rather than a conditional use. And with that again, this is offered for consent on all three readings. And I just want [3:59:00 PM] three readings. And I just want to note that there is a valid petition. So this item will require non-votes. However, the motion sheet that was just read into the record was a compromise with the applicant and the neighborhood representatives, but we still want to require the non-votes since we have not been able to state the number again. Nine votes. >> No, I get that. >> It's district one. >> It's been 189. >> This is item 118 nine votes. No. Number 118. Oh. Item 119 is c14820 06.0283. This item is being offered as a staff postponement to your January 30th council meeting. Item 122 c14851 49.70.02. This is being offered for consent. Item 121 is npa 2022 0020.01. This item is being offered for consent. Third reading. The related rezoning is [4:00:02 PM] reading. The related rezoning is item 120 2c1 for 2022 0062. Again, this is being offered for consent. Third reading with the following motion sheet and that reads amend part four B of the draft ordinance to include outdoor entertainment as an additional prohibited use. And with that again this is offered for consent. Third reading item 123 is c1c81. For 2023 0057. This item is being offered for consent first reading and I will read the following motion from council member zo qadri. And that reads. And hang on one second just before you do that, as I just want to for clarity in the record and for clarity on the council, it's my understanding that in that part of the reason we're doing it this way is so that it can stay on consent, not be pulled off, because if it were pulled off, council member zo qadri would [4:01:02 PM] council member zo qadri would offer this amendment. >> But in order to keep it on consent, we're going to do it as part of the record and have miss harden read it. And councilmember zo qadri you agree with that, right? Correct. Good deal. Thank you. >> Thank you. And that motion reads amend the draft ordinance to remove part 13 in its entirety and to renumber, renumbered the remaining sections accordingly. And with that, this item 123 is offered for consent. First reading only. >> How many votes does that need? Sorry. Go ahead. >> I don't 124 npa 2024 0026.01. This item is offered for consent. Second and third readings. Item 125 c14 2024 0000008. This is the related rezoning and is and again is offered for consent. Second and third readings. Item 126 is c1 for 2024 0095. There's a postponement request by council member zo qadri to your January [4:02:03 PM] member zo qadri to your January 30th council meeting. Item 127 is c1 for 2024. >> Did you want to make a motion is different? >> 127 is c1 for 2024 0007? This item is offered for consent second and third readings with the following motion sheet. And that motion sheet reads. Amend part four of the draft ordinance as follows one. Amend subsection d1 to read d1. The maximum height of the building or structure on the property shall not exceed 120ft. For a building with square footage containing at least 70% residential uses. Otherwise the maximum height is 90ft. Number two, create a new subsection D five to read. Maximum impervious cover is 95%, and with that this can be offered for consent. Second and third readings. Item 128 c1 for 2023 0134 this item is being offered for consent. Second and third readings. Item 129 is c1 [4:03:04 PM] third readings. Item 129 is c1 for 2023 0110. This item is being offered for consent, second and third readings and moving on to your addendum. Item 140 is npa 2024 0024.02. This item is offered for consent on all three readings, and the related rezoning is 141 is item 141 c14 2024 0125 and this is being offered for consent on all three readings. And that concludes the reading of the agenda. And of course, as always, at your discretion. Thank you, miss harden. >> Could you repeat something? I think I lost you. Of course I'm kidding I'm kidding. >> Stop. >> So let me let me ask if anybody has any legitimate questions of miss harden at this point. Yes. Councilmember alter I don't know if this is for miss harden or for miss link for any vote that requires nine. >> If any of us are not here for that vote, does that change it or is it always nine, nine, [4:04:05 PM] or is it always nine, nine, nine? Okay, just want to double check. >> Yeah. >> Nine. Good. Thank you. Folks. You've heard her read through this. I'm going to read through the way we typically do this as a consent agenda in a moment. But I'm going to ask first if there are any items that anyone knows they're going to want to pull off the consent agenda. Mayor pro tem, it's my understanding you're going to pull 102 and 103, and I also have and I could yes, I'll have to pull those off. >> And then I have direction on item 120. Okay. >> What we'll do if that stays on the consent agenda, I'll recognize you. And I know that council member Velasquez has a question on one item as well. We will do that when we have discussion on the consent agenda. Okay. Anybody else have anything? We're going to pull 102 and 103 from the consent agenda. All right. Let me read a I will accept as a motion the following consent agenda 88 and 89. Second and third readings. Item 90 is not going to be on [4:05:07 PM] Item 90 is not going to be on the consent agenda 91. All three readings 92 second and third 93. All three readings 94, 95, 96 and 97 on all three readings 100 and 101. All three readings 104 and 105. First reading only 106. Postponement to one to January 30th, 107. All three readings 108. Postponement to January 30th 109. All three readings 110. Postponement to January 30th 111 112 113 114 115, 116, 117 and 118. All three readings 118 also has the valid petition. One 2119 postponement to January 30th, 124 from it's on consent. 120 one third reading 122 on [4:06:09 PM] 120 one third reading 122 on third reading with the motion sheet that was read by miss harden that is related to the motion, an amendment that would have been made by council member zo qadri if it were pulled. 123 for I'm sorry, that's 123. There's a motion sheet that miss harden read on. 122 that still applies, but the one that involves council member zo qadri is 123 and that's for first reading only 124 and 125 second and third readings 126 a postponement to January 30th. 127 second and third reading 128 second and third reading 129 second and third reading 140 and 141. All three readings. I'll entertain a motion to approve the consent agenda, as it was just read, is made by council member zo qadri. Is there a second second by council member harper-madison? We're going to go to speakers. Unless somebody wants to say something right now. [4:07:10 PM] now. >> Council member Alison alter I just want to clarify. So the only discussion items are 90 and the 102 103. >> Yes. That's correct. >> Thank you. >> And mayor. Yes I do have direction. Just reminding you on item 120, when we get to the after we hear the speakers and we get to discussion on the motion, I'll recognize you and I'll recognize council member Velasquez, because I know both of you have something you want to say on some item. >> But if I, for some reason, don't do that, cry out. With that being said, I will turn to the city clerk and ask if they will start walking through speakers on the consent agenda. As it was read. >> Thank you mayor. First speakers are for item 88. We have Jody Zemel, Harry kobluk, and Billy weaver. >> Good afternoon council. I would just like to say I'm in support of item 88 and 89 with the addendum that miss harden [4:08:11 PM] the addendum that miss harden read on to the agenda. I would like to thank mayor Watson and council member zo qadri and their staff, and Jonathan and Maureen and planning and joy in planning and the applicant's lawyer and Nicole mead for helping us get to this point. I'm sorry that it took two years, but we are in support of this being passed on consent for second and third reading. Thank you. I'm Jody Zemel from the Boulder creek neighborhood association. I'm the zoning chair. >> Thank you very much. >> I'm Harry kobluk. >> I live next door to the urban bar that's in question. Herb bar, as it is, is a nice place. I would hate to see it become something that you would not want to have next door to your house. >> Mostly, I'm here to say thank [4:09:13 PM] >> Mostly, I'm here to say thank you for your indulgence in this matter and appreciate your time. >> Thank you sir. >> Billy weaver I live in district nine and I wanted to thank you for this. Adding the conditional use in the restaurant. We think that the restaurant use is inappropriate, and we're going to be looking real close at that site plan. So thank you very much. Appreciate it. >> Thank you. >> Next speakers are for item 89. We have again Jody Zemel, Harry kobluk and Billy weaver. >> All right. >> Do any of you wish to speak again? All right. Thank you all very much. Appreciate your being here. >> Next speakers are for item 95. We have Jenny Grayson, Christopher Paige, Brad Massengill and Monica Guzman. >> You've heard your name called. Please come forward if you wish to testify. Mr. Paige, are you going to talk? Yes. Okay. Please come forward. [4:10:15 PM] Okay. Please come forward. >> Testifying on this case as well as any other db 90s. I'll try to minimize the amount of time that I take. As we've seen through most of the cases that have been passed so far, this policy is terribly calibrated. We know that there's cases potentially even some that you'll see today that have had substantial increases in the number of affordable units, deeper levels of affordability. And we know that this policy has been a blanket giveaway. We should have a moratorium on this policy. We should have an equity overlay that is passed before we continue to use the sledgehammer. And we should care about the residents, especially around the holidays, as we think about what the time that we're going to try to spend with our families and friends, we should think and care about our [4:11:15 PM] think and care about our residents that cannot do that, or that will be losing their homes or their place in Austin. Thank you. >> Next speakers are for item 96. We have Jenny Grayson, Christopher Paige, Brad Massengill, and Monica Guzman. >> If your name has been called and you wish to testify, please come forward. Miss Guzman, are you going to testify? Good. Please come forward. Mr. Paige, are you. You finished on 95. Okay. Thank you. >> Excuse me. Sorry if I didn't hear my talking points. Okay. Good afternoon, mayor and council. I'm Monica Guzman, policy director at Garza. Lugo Austin vamos. Austin on items 95, 96, 101, 109, 110, 126 and [4:12:15 PM] 95, 96, 101, 109, 110, 126 and 119. The cases specifically those numbers we stand with the community, especially Austin's eastern crescent, vulnerable communities and community groups deeply rooted in community and the Austin neighborhood council and collective opposition to all db 90 cases and in support of the Austin neighborhood council db moratorium. We urge you to postpone all of them. Even if there was no postponement request. Instead of destroying Austin's eastern crescent neighborhoods, we urge you to work with them on equitable growth and neighborhood stability. Thank you, thank you. >> Next speakers are for item 101. We have Jenny Grayson, Christopher Paige, Brad Massengill, and Monica Guzman. >> If your name's been called, please come forward. I don't see anyone. Let's go to the next. >> Next speaker is for item 106. We have Jim walker. >> Mr. Mr. Walker is waiving his [4:13:16 PM] >> Mr. Mr. Walker is waiving his right to speak on item number 106 on item 109, we have Jenny Grayson, Christopher Paige, and Monica Guzman. I don't see anyone coming forward. If your name has been called, please come forward. >> If you wish to speak on item 110, we have Jenny Grayson, Christopher Paige, and Monica Guzman. >> If your name has been called, please come forward. I don't see anyone coming forward. >> On item 117, we have Brad Massengill, Mr. Massengill. >> I've not seen him today. I don't see him coming forward. >> He's also registered for 118. >> Mr. Massengill okay. >> Item 121, we have Jenny Grayson, Brad Massengill, Mario Cantu, gene Adams, Monica Guzman, and Carmen Lianes. >> If your name has been called and you wish to speak on this item, please come forward. Mr. [4:14:17 PM] item, please come forward. Mr. Cantu, are you coming forward? No. >> On item 120. Wait, wait. >> Somebody is though. >> Good afternoon. I'm gene Adams with south congress. Combined neighborhood contact team. >> I'd like to take just a few minutes to visit about what has brought us to this point today with item, with the third reading for item 121 and 122, the south congress combined neighborhood plan contact team has been in discussion with the applicant on this since April. >> Eight months we've been asked who we were, what was our interest in this cause? It was stated that the contact team would not be a party to this request for zoning change and neighborhood plan amendment. Since that time, the applicant has shared their agreement or restrictive covenant with capital, a housing an organization recognized the city of Austin housing department and [4:15:18 PM] of Austin housing department and administrator of developer of affordable housing. They consolidated affordable housing from various developers that, combined with other funding needs, builds pockets of affordable housing. After multiple rounds of discussion, the applicant agreed to the normally accepted 40 year timeline for rental and 99 year for ownership units. They also have an agreement in the agreement and out clause stating if residential housing does not begin within a number of years, the agreement becomes null and void and the applicant refused to remove this clause. They also state the capital a and the capital a restrictive covenant that the declarant and capital a housing are the only parties who can amend or enforce their restrictive covenant. Each time the declarant has declared or has agreed to adopt any revision [4:16:19 PM] has agreed to adopt any revision or input from the contact team, they have waited no less than 52 hours for the next scheduled zoning meeting to present a restrictive covenant to the contact team. I'm sorry for me for now, can I speak with number 122 or come back? >> Has he signed up on 121 and 122? >> You are signed up on 122. >> Then please go ahead. No need to have you go sit down and get back up. >> Additionally, each time we received a new restrictive covenant, it's contained errors and misrepresentations that were not acceptable to the contact team prior to today's meeting, the declarant did provide an updated rc to the contact team on December 6th, and again, the new rc contained the same typos and misrepresentations as November 20th copy did. After examination, we requested changes back to the to the applicant and they complained that they were minor errors and did not affect the document. I [4:17:23 PM] did not affect the document. I can tell you the small errors were the stated name of the contact team. They've asked us to sign a legally binding document with name errors. I don't know about you, but whenever you go down and get a driver's license, credit card, lease agreement, house purchase, passport, etc. Using an incomplete or incorrect name. Is fraud. The applicant has complained that we have that they have corrected our name in the document and that was not done. This has been a continuing practice of this declarant. We've shared examples, we've shared back and forth restrictive covenants with them, with our actions. It's just been a matter of delay, deceit, disrespect for the contact team. [4:18:23 PM] disrespect for the contact team. These actions must make one questions the applicant's strength and resolve to implement affordability agreement with capital, a housing which currently serves no. No housing, no affordable housing availability. Their website shows that the last update was on June 15th 23. We're not anti-growth. We appreciate it. We've got five. >> Thank you. >> Restrictive covenants in place. >> Thank you. I'm sorry, but your time has expired. >> Next speaker is Mr. Conjunto is here. >> And he. You called his name? >> Yes. >> Good evening council. >> My name is Mario Cantu. I'm chair with the south congress contact team, I think council member chito summed it up earlier. He said, you know, pdas can get quite messy. Well, I got news for you. [4:19:23 PM] news for you. >> They just don't get messy. They can get very stinky. >> And what I mean by that is that we got to make sure. And each council member here has to make sure that when these pdas go up, that we make sure that we get the affordability that's going to come out of that. You know, you just heard Jean talk about it. You know, we always work with everybody that we can. All the applicants that we have that come to us, we work with them. >> There are some things that we like, some things they don't like in the opposite. >> But at the end of the day, we work things out. You know, for some individuals that want to be special, I don't think that's fair at all for somebody to be special and kind of kind of get what they want. But at the end of the day, what we're going to see here is we're going to see the outcome of this whole entire thing. And if it doesn't rest down and doesn't sit the way that they're explaining that it's going to happen, I got news for them. Everybody's going to know what's going to take place and how it didn't take place. So we got to make sure that when it comes to affordability with these pdas, the height, the [4:20:24 PM] these pdas, the height, the amount of land that's going to be involved, that affordability is implemented very well into this. And not only that, but I would also suggest that for the pda to take a look at prohibited uses, you know, some of these neighborhoods that are in close proximity, if you look at the pda, I call it the free for all zoning. It's an open zoning. And you there's prohibited uses. I think that the neighborhoods should also look at when they're doing that. So I ask all every council member here to take a really big look at pdas when they come down the pipe, and make sure that a lot of things are attached to those. Thank you, Mr. Cantu. >> Would you you are also registered to speak on 122. Okay. On item 122, we also have Jenny Grayson, Brad Massengill, Monica Guzman and Carmen Lianes. >> Is there anyone else? Is [4:21:27 PM] >> Is there anyone else? Is there anyone else whose name has been called or wishes to speak on? 121 and 122 okay. >> Item 123 we have Brad Massengill, William bunch, and Richard suttle. >> Mr. Massengill, Mr. Bunch and Richard suttle, or anyone of y'all wanting to testify. All right, I don't see anybody. >> Item 126 speaking on the merits of the postponement, we have Jenny Grayson, Christopher Paige, Brad Massengill, Philip Wylie and Monica Guzman. >> Anyone wishing to testify on this item? >> Item 127 we have Philip Wylie. Item 128. We have Jenny Grayson, Christopher Paige, alexia Leclerc, Antonio Romero, Noah Elias, Brad Massengill. [4:22:27 PM] Noah Elias, Brad Massengill. Valerie Menard, Carlos pinion, Marion Sanchez, and Anne Charlotte Patterson. Are any of you all here? >> People are moving toward the microphone. >> Sorry. >> Thanks. >> All right. Sorry about that. >> All right. >> Good afternoon. You got everybody's attention. So just say your name for the record, please. >> Good afternoon, city council. >> Mayor. I am Noah Elias, housing justice director with Beaudet and educator in Austin ISD. I am from montopolis district, district three. I'm here to speak on item 128, the db9 case for the Riverside apartments. I'm here to say that the residents have negotiated an agreement with the developer, and so we are no longer calling for a postponement of this case. I want to thank I want to thank council member Velasquez for [4:23:29 PM] council member Velasquez for working so hard to make sure that both sides came together, reached an agreement and came to a better outcome. Thank you sir. However, we do need we've learned that we do need adequate relocation services here in Austin so that renters can find affordable and affordable place to go, and they need to include a right to return to housing that is actually affordable to them. One arrow resident, Daniela, has told me negotiating the right for us tenants to return to what's taken from us shouldn't be in a negotiation. It should be something that's already set aside. So she says, my home, my career, my friends and my life are here in Austin and I don't want to be pushed out because I can no longer afford the place that I live in now. So those are the kinds of stories we saw as we were working with tenants at these apartments. So I say we need an [4:24:29 PM] apartments. So I say we need an equity overlay so that we don't have to negotiate the right to stay in our communities. So now, for the record, I'm going to read the agreement that we that the residents agreed to. It says the property manager will not terminate leases before the end of the lease term, including month to month tenants tenancies, unless for a just cause. Once the new project is completed, tenants will have the right to return. >> Get some, get somebody else to read. That's not the way we do that. All right, well, she can read. She. Well, that's not the way we do that. Let's have her read it. If you would like. >> And use her time and during her time. >> Thank you. >> All right. Please state your name for the record once the new project. >> Okay. >> Hello. >> My name is alexia Leclerc. I am a organizer with Boulder and community party atx and I will continue reading the agreement from nowy. So the owner must provide tenants with at least 48 [4:25:31 PM] provide tenants with at least 48 hours notice before entering their units, except in cases for emergency, tenants will receive a minimum of 180 days notice before any demolition of the existing property begins. Upon receiving demolition notice, tenants may break their lease without penalty. A minimum of 90 day move out notice will be given to the remaining tenants before the planned demolition date. Upon moving out, tenants who remain after receiving a move out notice will receive a full refund of their security and pet deposits. On site. Services will be available to assist tenant in finding new housing or other qualifying programs. After the move out, notice is issued, a $3,000 moving allowance will be provided to tenants who remain after receiving a move out notice. The last three months of rent will be waived for tenants who remain after receiving a move out notice. The developer agrees to follow code section 418, which means that they will replace all 210 units that will be demolished with 210 units affordable at 50 to 60% median family income. The breakdown of units will be one bedroom and [4:26:32 PM] units will be one bedroom and two bedroom, which will match the current makeup. The developer agrees to work with the district three office to help those residents that wish to return, but are not able to afford the new higher rent, and no residents will be required to show proof of government ids in order to receive the above benefits. We're really glad that this agreement came to be, and we will be continuing working to make sure that all of these are followed and we are thankful to council member Velasquez, but I think as no states as well, we shouldn't be continuously fighting to maintain the affordable housing that exists, and we need to ensure that new affordable housing that is for the community and driven by the community is built, and that we have an equity overlay to prevent continuous displacement in our communities. Thank you, thank you. >> Next speakers are Pedro Hernandez, Jr. Celine Rendon, Laura Ann Martinez, Monica Guzman. Bobby Levinsky. Sol praxis, Shane Johnson, and uzi [4:27:34 PM] praxis, Shane Johnson, and uzi Mccoy. >> All right, good afternoon. >> My name is Rosa or sol praxis. I'm also in council member Velasquez district district three. Again, as Noah said, due to the residents negotiating agreement with the developer, we're no longer calling for postponement. However, the protections in place are still not enough. The residents are still going to have to seek affordable housing, which is extremely scarce. As we all know, throughout the city and especially in district three. And if they cannot find affordable housing in their area, even with the help of relocation specialists, they will be displaced. So council needs to ensure that the relocation services that the developer agreed to provide are actually adequate to finding affordable housing, and that there are units for the specialists to actually refer and support tenants to. This is putting a strain on our limited affordable housing stock. Whether or not we have this agreement in place, this is not the way development should [4:28:36 PM] not the way development should happen. Residents have signed an agreement with the developer, so the tenants association liaisons decided that they, instead of having to take off work to be here, could actually work. Working people should not even have to make the decision of whether or not they need to take off from work in order to speak about plans to demolish their housing. Community driven development would look like meetings with residents long before these kind of deals are proposed to determine how to preserve and produce housing that truly meets our affordability needs. Many of the residents have children that go to Linder elementary school, and the community and teachers were deeply concerned about this. We are going to have to take responsibility for the actions that we make as a city. When you demolish affordable housing for families, you are setting the stage for aisd schools to also be demolished. This is what happened with Brooke elementary after the affordable apartments on lakeshore were demolished. This is what profit driven development causes. Even if we minimize the harms. Council should also amend to require that if the development deal falls through, the resale of the [4:29:38 PM] falls through, the resale of the property to a new developer should remain in place, and that if not, it should revert to the base zoning. >> I'm sorry. Thank you. There's a we folks. We have a process for that. >> Chris Paige I'd like to point out, number one, the remarkable achievement of community advocacy here, how much more we've actually gotten. And that's the process that actually comes from receptive council members, thoughtful, engaged residents, and a deep understanding of what can be achieved. We can do this across the board. If you listen to the public, if you calibrate things appropriately, we can make Austin a place that's not just a place with more housing, but a place with more affordable housing, with sustainable housing, with housing that is in sync with the spirit of our [4:30:41 PM] sync with the spirit of our city. As Saul was saying, we need to make sure that these things are binding agreements that are durable, that they run with the land, or that they are transferable. We need to make sure that there's not lugo legal loopholes all over the place. And frankly, that's one of the great problems of deregulation in general, is that when you cut down the rules, those who are pre-equipped to gain do and those who are not equipped in that way continue to need. So please continue to do what you've done on this case, listen to thoughtful people, and frankly, make it easier. As Saul was saying, for those who don't have the time to come down here, who don't have the luxury of taking off work, who have kids and families and lives and obligations that prevent them from telling you the things that, frankly, you should already know. Thank you. >> Bobby Levinsky. [4:31:45 PM] >> Bobby Levinsky. >> Save our springs alliance. >> But picture me as a brilliant young woman named Saul. I'm going to continue her comments we have seen in previous rezoning plans, tenants were offered the first right of refusal at affordable units. >> They were displaced. >> And then when the development fell through, the property remains closed down and vacant for years. So we're demolishing existing affordable housing and not building more of any kind of housing with no legal requirements that would, that the new buyers fulfill the affordability requirements, exchange for additional density. We need an equity overlay so that we focus on development and preservation of affordable housing that the community actually needs right now. This agreement is only minimizing is minimizing harm for luxury development, not of luxury development, not actually a beneficial development to the community. This is a step toward better development. And we thank councilmember Velasquez for pushing forward a better outcome. But this is unfortunately not what we need to address our community's housing needs. We demand an equity overlay process so that [4:32:46 PM] equity overlay process so that directly impacted residents are centered in community driven development to proactively preserve and produce truly affordable units, rather than minimize the impacts of harmful developments and arrest way. This case highlights the need for this, so that we are proactively planning to address the affordable housing crisis through truly affordable housing, not luxury projects that threaten our communities in the future. Housing trust fund should be used to add additional housing and more deeply affordable units. On a side note, this also highlights that developers can feasibly include a larger percentage of affordable units. Now, it's close to 20% of the units at 5050 to 60% mfi. So db 90 has underestimated how much affordable units developers should be required to provide. I'll just add my own point. This is why we avoided applying density bonuses on existing affordable on existing affordable market rate units. Thank you. >> Good afternoon mayor and council. I'm Monica Guzman, [4:33:46 PM] council. I'm Monica Guzman, policy director at Garza lugo Austin vamos. Austin. Since the arrow Riverside tenants negotiated an agreement with the developer, we are no longer calling for postponement. However, these protections in the agreement are still not enough. The residents still have to seek housing affordable for them, which is extremely scarce and will be displaced if they cannot find affordable housing in the area. We urge council to ensure the tenant relocation services provided to tenants to find affordable housing are sufficient, and that there are truly affordable units for them to go to. This is putting a strain on our limited affordable housing stock. We need an equity overlay so that we can focus on development and preservation of affordable housing that the community actually needs right now. This agreement is only minimizing the harm of the luxury development, not actually a beneficial development for the community. And this is a step, only a step toward better development. And we thank council member Velasquez for pushing to get a better outcome. [4:34:47 PM] pushing to get a better outcome. And we need one that's even better. In order to address our community's housing needs, we urge council to begin the equity overlay process we and many others testified about during the home initiative public hearings so that directly impacted residents are centered in community driven development and redevelopment to proactively preserve, protect, protect and produce truly affordable housing units rather than minimizing the impacts of harmful developments in a rushed manner. This case highlights the need for this, so we are proactively planning to address the housing affordability crisis through truly affordable housing development, instead of luxury projects that threaten our communities. Thank you. >> Hello, Celine Rendon, district eight. And I'm a community powered atx organizer. Just for further context, those 210 units that were were are currently listed at 874 to 1000 and $169 for single and double [4:35:49 PM] and $169 for single and double bedrooms and primarily for low income Spanish speakers and Latino families that live there. They are one of the few remaining affordable housing options in Austin, and we knew that by demolishing them, quite simply would just displace those families. And even with the right to return in affordable prices for them to return to. Realistically, it doesn't happen as families often have settled elsewhere and are disconnected from their networks of support. Thank you, Velasquez for helping with this negotiation of this agreement. But we know that this meeting last year in December, where home was approved, it is at this city council meeting right now that these apartments will get demolished. And we know with the db 90 cases that it is not being all across Austin. We see a lot of this concentrated, if not most of all of it is concentrated in the eastern crescent, as we said. And communities voiced their concern [4:36:51 PM] communities voiced their concern that the density bonus ne did not provide enough real affordable housing and will only embolden developers to destroy existing affordable housing. We cannot keep expecting folks to keep showing up, fighting on the defense to maintain the minimal affordable housing that exists. We really need to create systemic change. We have the opportunity to do so. If we pass an equity overlay. And thankfully for the CDC, there has been no transparent process on the community. The community based equity overlay that we talked about last year, there's actually been no traction created since since that amendment was passed by Velasquez and pushed by Fuentes. So thank you. >> For item 2129. We have Jenny Grayson, Christopher Paige, Brad Massingill, Monica Guzman, Carmen Lianes, Jim walker, and [4:37:52 PM] Carmen Lianes, Jim walker, and Gerard Kenny. If your name has been called, please make your way to the podium. >> Is there anyone whose name has been called that wishes to testify on this item? >> Good afternoon, Jim walker. >> The cherrywood neighborhood association in district nine. >> I've been working on this with the applicant and renter for over a year, and we can conditionally support this. >> We have great agreements in place, so we're happy to conditionally support this. >> Thank you to council member Joe's office for helping push all that. >> I want to thank Baxter as well for their collaboration and working with the Alma apartments that were on the site, and will continue to work with them. And those tenants. We're still both cautious and hopeful about what this future db9 case is going to look like and how it's going to interact. But we feel like these covenants and this agreement [4:38:53 PM] covenants and this agreement give us a really strong place to have future conversations go from. So thank you all. Just wanted to make that statement. Thank you. >> Mayor. Council Gerard Kinney here I was the founding chair of the cherrywood neighborhood association 40 years ago. And when I first saw this project, that's before you right now, I realized that it was similar to another project smaller that I was very involved in. I chaired the vision committee for the Miller development, which was really the result of the neighborhoods around Miller and their vision. Similarly, here we I realized that this project could be the first component of a plan that would include fiesta, the north Capps of I-35 and Hancock shopping center. And [4:39:56 PM] and Hancock shopping center. And we have an area plan and a vision for that, and are hoping that this project will be kind of a model for what can then happen on the rest of that area. That's assuming that the north Capps roadway improvements get approved. Thank you. >> Thank you mayor. >> Those are all the zoning consent speakers members. >> That concludes all the people that have signed up to speak on the consent agenda on zoning. Let me ask if there's any other item that needs to be pulled that any member would like to pull from the consent agenda as it was read. All right. That being the case, we'll go to discussion. And then after that I'll ask for abstentions, recusals and no votes. And I'll recognize the mayor pro tem to speak on item 120. >> Thanks, mayor. I understand [4:40:58 PM] >> Thanks, mayor. I understand that the pflugerville ISD board is taking up, approving and authorizing execution of an amendment and rc on January 16th. We don't have it yet. And I'm seeing some nods from the folks working on this. So I just wanted to move approval of 120 on consent with direction that the city manager execute the restrictive covenant amendment. After the pflugerville ISD has executed the amendment. So that's an advance directive. And we have if there's any objection from Mr. Suttle or his team, and he's given us two thumbs up. >> Okay. What I. We already have a motion and that that adds direction to that motion. >> It does it does add direction to the motion. >> Yes. What I'm going to do I okay. [4:42:01 PM] okay. >> You want to pull it. I thought I could just offer the direction so I don't have a motion written. Okay. Did I get a motion on the consent? >> Yeah. >> Members. As you know, I don't like to do it this way, but. But because of the way I want to get things moving on this instead of because we have a motion instead of pulling that off the consent agenda, I'm going to ask that the mayor pro tem state again what it is that the direction that she's giving. And I'll recognize that as a motion to amend the consent agenda as it applies to item 120. As you know, we try not to do try to have something in writing, but that's why I want you to repeat it again, if you will. And that way maybe we can just move the item. [4:43:01 PM] item. >> And the amending language is to add direction to the city manager that the city manager execute the restrictive covenant amendment. After the pflugerville ISD. ISD executes the amendment, which should happen in January. At their meeting. They just weren't able to get to it. >> Before this meeting, you've heard the motion to amend the consent agenda item 120. It is seconded by council member vela. The discussion will be on the motion to amend. Is there any discussion? Without objection, the motion to amend the consent agenda as to item 120 is adopted with council member Kelly temporarily off the dais. I'll now recognize council member Velasquez for comments. >> Thank you, Mr. Mayor. Do we have a representative from the willow creek development? >> Hello, I'm Leah bojo here on [4:44:07 PM] >> Hello, I'm Leah bojo here on behalf of the applicant. >> Thank you, miss mojo. I was going to ask you just a few questions for the record. Yes, sir. The package that you negotiated for residents includes the items outlined. Right to return benefits, help with termination of leases without penalty, full refund of security and pet deposits on site services that will assist tenants with finding new housing and other qualifying programs after they move out and notices issued relocation stipends of $3,000 and among other things. And just today, and in addition to the items listed above, you have worked out with the renters and the community. Replacement of 210 affordable units, which is an unprecedented almost 20% with with units that range in affordability of 50 to 60%. Mfi for 40 years, the breakdown of units one and two bedroom will match the current makeup. And you, you and your representative will work with both the community and my office to help assist as many residents as possible come back to those new apartments and should the [4:45:09 PM] apartments and should the property be sold, the owner. We will work to make sure that the new owner will adhere to the original agreement made with these residents. Yes, sir. Is that accurate? Yes. Thank you ma'am. >> Thank you. >> Mr. Mayor. Yes? >> If I can make a few comments on this, are we going to wait till after we're. >> We've got a motion a second, so now's a good time to talk. >> Alrighty, I this is a this was a fun one, to say the least. I want to thank Beaudet and my dear friend Noah Elias for their advocacy on this project. Input by the community is incredibly important to me and I appreciate the efforts by district three residents to look out for our low income neighbors and make sure that they're being considered and provided for. Equally, I'd like to thank Leah and her client for working with us and the community to make this project the best it could possibly be. While not every case, not every zoning case is the same, I believe this sets a strong tone, especially in district three, for what can be accomplished when we fight to ensure that not only the community is heard, but that affordability, affordability and [4:46:09 PM] affordability, affordability and anti-displacement is front of mind. I believe as a diocese, we can intentionally be pro housing and anti displacement, and that remains my focus and commitment to our city. Thank you. Oh also also Mr. Mayor there were there were a ton of, of thank yous that I have never received during any zoning ever. So I just I want to make sure that somebody counts those up for the record, because I don't think I'll ever get those again. It's a strange day in Austin, Texas today. >> Yeah. And causes some of us to think about voting no. But that's okay. No. Congratulations to you. Good. Good work on that. Okay, so, council member Fuentes, thank you. >> I just want to take a moment to acknowledge councilmember Velasquez for his strong leadership on the willow creek zoning case. When I was looking at the backup and saw that there was a potential of us losing existing affordable units as a part of this redevelopment, I was very concerned. And so to [4:47:10 PM] was very concerned. And so to hear how you worked with your community, how we now have a much better outcome, how we now have a zoning case that really sets a precedent, right? How you can preserve existing affordable units as part of these large redevelopments is just an incredible and a testament to your leadership. And so I just want to appreciate your your leadership and your involvement and engagement with your community and just, you know, thank you for your service. >> Good comments. Thank you. Councilmember vela. >> I also want to give the Jose Velasquez. Prompt on this. It's a massive win for housing in the area. We're talking 1100 units with commercial base on the bottom. That is going to dramatically improve the area in terms of commercial accessibility. This is a big area of lots of multifamily housing and a little more commercial sprinkled in there [4:48:10 PM] commercial sprinkled in there within walking distance is going to be a huge plus, preserving all of the affordability is a big win. And there's one thing I just want to add that we don't discuss up here, but and I have a lot of the same 50 year old, you know, 200, 300 unit apartment complexes. The reason that they're naturally affordable housing is because they're in very bad condition. And so I just want to emphasize that the quality of the apartments that people are living in, when we make these kinds of deals to replace the existing units with affordable units and add a bunch of units, there is a net benefit there. There's a really big net benefit. I've been in and around a lot of these apartments from when I was in college to today on, my clients live in those apartments and they're in horrible shape. And so just again, the daily benefit of living in a newer, nicer apartment with all the kind of, you know, bells and whistles that that we require. And again, [4:49:10 PM] that that we require. And again, just to throw something else in the water quality improvements that will come along with the redevelopment of what the five acre, six acre tract. Again, there's just so many benefits that come to the community when we take an old substandard complex like this and give it a massive upgrade, and when we can do it and preserve every affordable unit, help every person in there. Again, it's a huge win. Again, props to council member. >> Great. >> Thank you. Council member. All right. Council member zo qadri. >> Thank you. Mayor. I'm going to work backwards on some items, but item 129 just want to thank the one thing all parties, including the agent and the and the neighborhood association, really am thankful for Jim and Gerard for all the work that they've done on that item. 127 also, once again, I want to thank the agent. This was a fun one, but really want to thank the neighborhood association, specifically Donna and Sheila, for making sure that that got through the finish line. And [4:50:12 PM] through the finish line. And then item 123 I want to thank staff for their hard work on on navigating that the 200 east Riverside pud phase one of the project connect runs along this development with a proposed station that's very nearby. And because of that, and I know and this does not what you're getting ready to do, was not included in the motion. >> She did. Correct. Okay. >> Yes. So this this is directions coming from, from dias, which I, which I apologize for but I but I a motion to amend item 23 to include project connect infrastructure as an element of superiority and community benefit. For the next reading I. >> For the next what like for the like. So to bring it back all right so because it's only on first reading. Yeah. There's no need to amend that. What we'll do is we'll we'll have it. Everybody's heard that. So we'll [4:51:14 PM] Everybody's heard that. So we'll make sure that when it comes back it needs to have that additional direction that the council member has just discussed. Great. And that way we'll cover it. Yes, sir. Good. That's great. >> Thank you. >> Okay. Any other discussion? Anyone wishing? >> Yes. >> I raised my virtual and my and my I did literally go ahead. Yeah. I just wanted to join in the parade of folks congratulating my colleague, council member Velasquez. And then I hadn't intended to say anything, but thank you, councilmember vela, for bringing your point up. My family of nine all got carbon monoxide poisoning in one of those apartment complexes when I was growing up, and a host of other things that happened along the way. But we had a place to stay. And so I just my hope is that moving forward, we don't have to compromise the health and wellness of, you know, the individuals that reside in the great city of Austin in exchange for affordable housing. And so I really appreciate that you brought that point up, because [4:52:14 PM] brought that point up, because that's real impact. So when you were making the point earlier, you and council member Fuentes, when you were going back and forth about the discussions around industrial housing, there still are some folks that are so desperate for housing at all that they'll take it wherever you put it next to a smoggy, you know, polluted highway or in an industrial area. And that's the truth of the matter also. So recognizing that all those things get to be true at the same time, I just want to make sure that we're always, you know, paying attention to the level of difficulty that comes with some of these decisions around the preservation of affordable housing. Sometimes the trade off is the health and wellness of the very people that you seek to advocate for. So thank you for bringing that up. And thank you for, you know, my colleagues on the dais for fighting the hard fights. I appreciate it. It's good to be up here with you guys. >> Thank you. Council member. All right. Any further comments, any further discussion? Anyone wishing to abstain from a vote on the consent agenda is read. Anyone wishing to recuse themselves from voting on one of the items, anyone wishing to be shown voting no on any of the [4:53:16 PM] shown voting no on any of the items. I. The mayor, wishes to be shown voting no on. Item number 127. Is there any other. Anyone else wishing to be shown voting no. All right then. Without objection, the consent agenda as read and as amended by the mayor pro tem on item number 120 is adopted with the mayor voting no on item 127. Okay, that will now take us. Thanks, everybody. That will now take us back. >> That's what we have next, right. >> All right. We're going to go. We'll do is we'll call up items 102 and 103 members. You will recall that staff recommended it be a consent item, with a neighborhood requesting postponement to January 30th. And the mayor pro tem has pulled [4:54:18 PM] And the mayor pro tem has pulled the item from the consent agenda. I'm going to recognize the mayor pro tem, and. And miss Harding is here too. But, mayor pro tem, you lay out what it is that the reason you pulled the item? >> That's great. I have a question for miss Harding. And then we'll make a motion. I understand that a neighbor had requested a postponement. He's unable to attend today, and my staff has been in communication with him, corresponded with him. So I just wanted to please confirm, miss Harding, if you could do that, that both items, 102 and 103 are ready to proceed on all three readings. >> You are correct. Yes, they are ready to proceed. >> And both staff and the planning commission recommend the zoning change. >> That is correct. >> Mayor and colleagues, I would like to move approval on consent for all three readings for items 102 and three. >> Mayor pro tem moves that items 102 and 103 be approved on all three readings. Is there a second second by council member Ellis? I'll turn to the city [4:55:19 PM] Ellis? I'll turn to the city clerk and see if there are people signed up to speak on 102 and 103. >> Thank you, mayor, for item 102. We have Amanda brown and she is the agent with the okay on this account. I'm available for questions. And for item 103 we have Jenny Grayson, Christopher Paige, and Zenobia Joseph, the three people whose name was just called on item 103. >> Are you wishing to testify? I see, miss Joseph. Are you wishing to speak? All right. Please come forward. >> Thank you. Mayor, council. [4:56:21 PM] >> Thank you. Mayor, council. >> I'm Zenobia Joseph. My comments are just in general. Mayor. As it relates to the equitable transit oriented development. I just wanted to make you aware. Specifically in district seven at crestview station. The individuals who live there today still don't want transportation in the area. And so I do think it is disingenuous when we use equitable transit oriented development to make these deals. And so that is my opposition. I do want you to recognize as well. And I do believe it's germane that at 6909 Ryan drive, which is not the case before you, but it is in the equitable transit oriented development area. I want you to recognize that specifically, about 300 of those units, three fourths of them are for people who earn 80% of area median income and above. And so if you want the city to believe in the equity that you continue to speak of, I want you to recognize specifically that along the metro rail lines, those units are not affordable [4:57:21 PM] those units are not affordable to people who make less than $70,000. So that is my opposition. I would just contextualize it and tell you specifically on or about March 13th, 2020, when the council had an opportunity to put affordable housing in the Hyde park area, they put a $3.8 million, one acre detention pond instead. And so this has been a pattern, and I recognize you're trying to get 50% for the $5 billion light rail. But please stop playing the equitable, transit oriented development game and recognize that black people, according to your own study, earn approximately $42,000, not 70,000. Hispanics earn about $50,000 from the economic development department. 2020 minority chamber study. And so I want you to recognize that it violates title VII of the civil rights act of 1964, which prohibits discrimination based on race, color, national origin. [4:58:22 PM] on race, color, national origin. Thank you. >> Mayor. Those are all the speakers. >> Great. Thank you very much. Members. Those are all the speakers on items 102 and 103. You've heard the motion. And the second, is there any discussion? Without objection, items 102 and 103 are approved with council member Kelly off the dais. That will now take us back to item number 90. Members. What we're going to do is we're going to have a presentation from staff with regard to item number 90. Then we will hear from the applicant who will have five minutes to make a presentation. We will hear from someone in opposition representing the opposition. That will have five minutes. And then we will hear from people that are in favor, people opposed. And then there will be the opportunity for rebuttal. >> Thank you mayor. >> And as the city is the applicant and staff for this case, I'm going to introduce the [4:59:24 PM] case, I'm going to introduce the case. And then I'll run through the slides. >> All right. Well, what what I would ask you to do, just out of fairness under those circumstances, is make a brief presentation of the case. Can you do it all in five minutes? >> I think I can. >> Let's do that. Let's just get out of let's out of fairness, do your presentation and your advocacy in the five minutes that you typically allotted. >> Thank you. >> Mayor and council Caleb Contreras, planning department, item 90 C 14 2024 0136 at 15. >> I'm sorry. Please set the time for five minutes and let it run. >> C14 2024 0136 at 1500 east 12th street. Item 90 is an owner opposed to historic zoning case initiated by the historic landmark commission. After their review of a demolition application. The building at this lot meets the historic zoning criteria for architecture, community value and historical associations and was recommended for historic [5:00:24 PM] was recommended for historic zoning by the 2016 east Austin historic resource survey, which resulted from council resolution 2014 062698. The survey also identifies the property as eligible for individual designation on the national register of historic places. The hlc voted to designate the property as a local landmark per survey, recommendations and staff, and the planning commission, whose vote in favor was unanimous, recommend that the building's footprint be zoned. Historic 1500 east 12th is a rare example of a two story, frame vernacular commercial building, which was a once common typology now disappearing in Austin. Though the building has been neglected, significant integrity may be restored and existing integrity retained by basic repair and maintenance. The building is associated with German American entrepreneur Ernest Eisenbeis, African American businessman Buford Johnson, and briefly the alpha phi alpha fraternity. The earliest occupant. German American politician and grocer Christian Wilhelm owned the property as far back as 1889. In 1910, he sold his store to dry [5:01:26 PM] 1910, he sold his store to dry goods merchants Ernest and Louise Eisenbeis, who opened the east end saloon and eisenbeiss cafe. Though the saloon was closed during prohibition, it reopened in the 1930s as a popular spot for German food, music and beer, with a resident accordion band. After Eisenbeis death, Louisa sold the property to Buford Johnson, who was noted by literary luminary J. Mason brewer as one of Austin's most successful businessmen. Johnson converted the building into the 1500 beauty and barber shop and 1500 club, which was a music venue. Alpha phi alpha, the oldest fraternity to allow black members, also took up residence in the building for at least two years in the 50s. Despite its prominence as a commercial corridor, east 12th street fell into a decline shortly before the end of the historic period due to systemic disinvestment in east Austin by both public and private interests. Though it is important to acknowledge the building's complex history, including its tumultuous occupation in the later 20th century, land development code defines the period of significance as 50 years and prior. Thus, events occurring [5:02:27 PM] prior. Thus, events occurring after 1974 are not evaluated per ldc 20 523 52. When we're looking at a property's historic significance, finally, the east Austin survey identifies the property as a unique location that contributes to the cultural identity of the neighborhood and the city. It forms part of the historically important intersection of 12th and Carmel, opposite the south gate, Lewis house, and adjacent to the iq hurdle house. 12th street was a backbone of African American commerce during the segregation era and beyond, and the building also represents early German Americans community presence and their impact in east Austin. So now I have a few slides that I'll run through just to help with any questions. So on this first item that you'll have up on the screen, and this is the area that the planning commission and the staff are recommending for historic zoning. And you'll notice that it is only for the footprint of the historic building. This allows the rear of the lot to be developed without having to follow the historic design standards for the rest of that property. Let's see. This works. There we go. So, as I know this [5:03:29 PM] There we go. So, as I know this is a lot of text, the land development code says that buildings have to meet a high bar to actually be eligible for historic zoning. So they've got to be 50 years old. They have to meet a baseline integrity standards, and they have to meet at least two of five criteria for historic significance. And as you can see here, this building meets age, integrity and three of five significance criteria. East Austin survey is a resource that originated from a council request back in 2014, and the cultural resource management professionals that we hired as a city to survey the area, evaluated this building against our code, and found that it meets the bar for both local historic zoning and federal requirements. For listing on the national register of historic places. Though this building isn't high style, architect built structure, it's still important as a rare example of a vernacular building purpose built for a small family business. Our code recognizes that vernacular structures and austinites of modest means are [5:04:30 PM] austinites of modest means are significant to our city's history. And finally, the last slide real quick this is a snippet showing the section of our code that requires that historic landmarks be maintained by their owners. That concludes the staff applicant presentation, and I'm available for questions as well. Thank you. >> Thank you. Mayor pro tem. I believe Mike Martinez is going to be speaking in opposition. And so he will receive five minutes. >> That's great. Mr. Martinez, good to see you. Welcome. You have five minutes. >> You guys can can I give it to the clerk and have them hand it out? >> Yeah. I think the clerk will take that. >> And mayor pro tem. >> Yes. >> Is it former city council member de at city hall today. >> You know, if it isn't, we ought to just make that as a as a designation. Get a project done up. Yeah. Here comes the proc. >> Well thank you all. >> I'm Mike Martinez and I'm here on behalf of the property [5:05:31 PM] here on behalf of the property owner. >> And I want to start out by saying thank you to mayor pro tem pool and council member Allison alter for your sacrifice and service to the citizens. >> I've never presented on a zoning case, so it's an honor to be here at your last meeting doing this, I'm representing the property owner of 1500 east 12th street who is strongly opposed to this being listed, being rezoned with a historic landmark designation. >> The. >> The property is in extremely poor condition. There are. >> We don't believe it meets the high bar that your policy requires it to meet. >> We have two structural integrity reports that both say this property should be demolished because of the level of degradation within the property, and it's in its current condition. If you and if you want to look at the [5:06:35 PM] you want to look at the presentation I gave you and city manager, I want you to take a look at this as well. >> This case is compelling to me for a few reasons, and it's why I'm here. I spent my entire career in the Austin fire department on east 12th street, driving past this building every time I went to work. I live in east Austin. I'm a current resident of district one. I've been in east Austin for the last 30 years, and if you look at these photos, city manager, as a as a former firefighter, I would hope that you would let chief baker know the condition of the interior of this, because if a firefighter has to go into this building to effect a rescue, it is going to be an extremely dangerous situation. >> This the first photo shows the floor that is completely rotted through. >> The second photo is the ceiling joist beams that are also completely rotted through. >> You can look at the interior [5:07:37 PM] >> You can look at the interior walls that are buckled out and in extremely poor condition. And by the way, I took these pictures this morning because someone broke into the building this morning. So that very last picture is a photo of the building from the back, looking at the building from the back. And if you look up on the second floor, you'll see the plywood that has been ripped off the window. >> And that's how they broke in. Needless to say, it would be a horrible situation if something were to happen in this building and it to catch on fire, or the people were to start residing in it because of its current condition. >> The survey that was done in 2016 by the city of Austin did take into consideration this property. >> And as I read the survey and as any resident would read the survey and especially the property owner. The survey list this property as having no [5:08:41 PM] this property as having no architectural style. Now, I was told otherwise by some folks that are in favor of historic zoning, but but the way I read it and the way the property owner reads it, your survey lists this property as having no architectural style. Your survey also says that this is eligible for historic landmark designation. It does not recommend it, as some people have suggested, and I think that's really critical and important because words matter and meanings matter. And so when something is eligible, if it's 50 years old, you know, it's eligible because we're going to review it because of its age. It doesn't mean that it's recommended to be zoned historic. And so I think those two points are really critical as it relates to the survey that keeps being brought up in reference to this zoning, this historic zoning case, the structure is unsafe, the safety conditions around it. It sits in the one photo on in the slide [5:09:43 PM] the one photo on in the slide deck. You can see it sits about 3 to 4ft from the curbs edge on the eastern side of the building. So there's no room for sidewalks. The sightlines are extremely poor. So it's it does create a safety hazard from a transportation perspective. It creates a problem from an Americans with disabilities act perspective. You can't create, you know, a pathway wide enough to be compliant with the Ada. The neighborhood association, the Davis, Thomas Davis, Thompson neighborhood association polled their members, and a majority of the members are opposed to historic zoning as well. Was that five minutes? That was quick. We ask that you take all of these factors into consideration. And the last one is that the historic integrity of this property has been lost over the last 50 years. So we ask you to not zone it historic. Thank you, [5:10:46 PM] not zone it historic. Thank you, thank you. >> All right. We'll now hear from people that have signed up in favor of the application. And they will have three minutes apiece. >> Thank you. Mayor. First speaker in favor is a remote speaker, Tracy Witt. >> Mayor and council, thank you for considering 1500 east 12th street historic value to Austin. The east 12th street urban renewal corridor, the African American cultural heritage district, and all the intersecting plans and people of central east Austin. The 2016 east Austin historic survey calls out this vernacular commercial structure as eligible for individual local landmark status for historical associations and community value. That's enough. 1500 is situated at a prominent intersection within the urban renewal area, across from the iq hurdle house and across east 12th from the south gate, Lewis house. The history of its tenure also captures a significant cultural intersection, a [5:11:46 PM] cultural intersection, a transition from immigrant to African American tenure, which is the story of most of this area. Each of these groups use the site as a gathering place to provide a daily services to local residents and the larger city. It was a place for community, and it's lasted more than 100 years. Despite fairly rigorous disregard since 2016, the 50 year tenure as a German grocery, first by Christian Wilhelm and then nearly 40 years by the Kaiser family, offered groceries, beer and a cafe that became so beloved across the state that it was mentioned in a Texas herald obituary for Ernest Eisenbeis. With Eisenbeis death, it passed to Buford Johnson, who established a beauty parlor and beauty and barber shop, and the 1500 club before it was occupied briefly by alpha phi alpha fraternity house. The updated urban renewal plan expresses a preference for preserving in place historic structures on east 11th and 12th streets in the central east Austin neighborhood. Plan has prioritized historic preservation for decades. Preservation staff and unanimous votes at hlc and planning commission tell you this site [5:12:47 PM] commission tell you this site meets the criteria for designation. Preservation Austin preservation Texas and Travis county historical commission also tell you it does 1600 signatures on the public petition and various letters from individuals and groups active in the central, east and broader east Austin area evidence its importance. You have letters from Bethany cemetery association, Austin revitalization authority, Donna Carter Blackshear, prospect hill neighborhood association, and your backup. It's worthy. And restoration is possible. If 1500 is demolished, there's no plan for new brick and mortar space, no plan of any kind. The site plan eureka, filed in 2022, was one of five filed to preserve eureka's entitlements along the street when they were worried the amendment process would result in reductions. In the end, they faced no such danger, and now all five are expired. And a rep told the urb last year that eureka is waiting on interest rates and I-35 cap and stitch, which could take a decade. Another eureka rep told the district one council member and others at a meeting yesterday. There are no plans for the property. Historic zoning is the first step in restoration towards adaptive [5:13:47 PM] restoration towards adaptive reuse. It's a stopgap to demolition. Preservation Austin has identified multiple financial resources that can help eureka! If financial challenge and not contempt, is their barrier to honoring this building, its history, and all the community's and city's plans for the street. Thank you, and please vote for historic zoning. >> Next speaker is Susan orringer. Susan, are you there? >> Mayor Watson and city council? I'm a resident of Dion and Davis. Thompson. I live on 13th street, directly behind 1500 east 12th. I live in a home from 1895 that I painstakingly and lovingly restored after being told my house had no architectural style or historic significance, and I brought it back and kept it within the character of the neighborhood. >> I don't support letting a building that has been neglected to be torn down. [5:14:48 PM] to be torn down. >> The owners have owned many lots on east 12th that often fall into neglect and have no plans to build on in any time in the near future. >> The last thing we need is another empty lot with temporary uses and fencing around it, and left to just be neglected. >> Please restore and bring back something meaningful and meaningful back to the neighborhood, such as another grocer pharmacy. Thank you. >> We'll switch to in-person speakers who are in favor Miriam conner, followed by Juan Raymond Rubio. >> Good evening. At first I want to ask if we can have this heard on first reading, because we would like a full dais. My name is Miriam conner. I grew up at [5:15:48 PM] is Miriam conner. I grew up at gene's po-boys that was my family's restaurant, and I was the first program manager and curator at six square. I stand before you today as president elect of preservation Austin, and as a voice with 1600 community members who have signed our petition to save 1500 east 12th street and have spoken up for us to protect Austin's culture and heritage for future generations. 1500 east 12th street has stood up for over a century, anchoring east Austin's transformation from a German immigrant enclave to a thriving center for black business and culture. This area lies at the heart of black Austin. Yet developers like eureka holdings continue this awful pattern of demolition by neglect. Historic properties are left to deteriorate, their cultural significance is ignored until demolition becomes the only option. This deliberate neglect [5:16:49 PM] option. This deliberate neglect not only erases irreplaceable landmarks and displaces communities, but it also often leads leaves behind nothing more than a vacant lot, a grave where history and culture once thrived. We need your leadership to prevent this cycle, this demolition and future demolitions by eureka would directly, directly perpetuate the segregationist aims of the 1928 master plan, which explicitly zoned east Austin as the district, which I know you all know, and systemically displaced black residents and businesses, which is still happening. This plan, whose effects we still grapple with today as we witness the continuous cycle of cultural landmarks becoming vacant lots, erasing the living history beneath our feet. This is not about neighborhood politics. This is not about opposing progress. It's about honoring the merit of a building and its cultural significance. It's about ensuring development [5:17:50 PM] about ensuring development respects and incorporates the stories of and contributions of all communities. Preservation Austin is ready to collaborate with eureka holdings to find a plan that honors heritage while embracing growth. And if there is a plan, be transparent about it. We are asking for actual leadership instead of the trust me governance approach. Truly represent the will of your constituents. The 1600 constituents that signed our petition show us that you actually represent your community. Thank you. >> For Mr. Rubio. You have time donated from Christopher Paige and Carlos pinion. Are they both here? Yes. Okay. You have nine minutes. >> Thank you. >> Good afternoon. >> My name is Juan Raymond Rubio. I am a vice president of preservation Austin. I'm a preservation consultant, and I'm a member of the historic [5:18:51 PM] a member of the historic landmark commission. Today, I'm coming on behalf of myself in a personal capacity. Next slide. >> I'm so glad that the first speaker spoke about all these neighborhood plans. You know, those those voices and supporters that you heard. That's not it. >> Since 1999, these people, the entire community has been saying, this is what we want. 1999 look at all those plans we have been planning for this. We want preservation. Next slide. These are two screenshots showing what that central east Austin neighborhood plan says. You all approved it. Number one, preserve, restore and recognize historic resources. Next slide. Why why do we want to do this. Everyone's been talking about the history. You probably read it. So I don't need to go into that detail. But were going to see those examples of black and brown businesses that is important to the legacy of this city. You all. Next slide okay. Why now I want to refute some of the misinformation that I just heard. Eligibility is a term used in the preservation field. Not to say that anything over 50 years old is historic. That's wrong. 50 years is just part of that criteria. All right. Not building every building that's 50 years old qualifies. These buildings up here are important [5:19:51 PM] buildings up here are important for certain reasons. You've got a barbershop with a certain characteristic and style of architecture. You've got this bottom right building which looks like. Wow, it could be any old house. No, that building was listed in the green book. There's history here that eureka owns and is letting neglect happen. Next slide. Look at these buildings, all owned by eureka. You all say, well, I see blight, I see problems. Yes, I wonder why. Because this has been stolen from black and brown businesses. We pushed them to the east side. We're taking back their land and we're sitting on it. And then we promise something better. After ten years. Who's being fooled here? Next slide. This is extinction. Let's call it what it is. We have a survey since 2016. Great. I'm so glad you all spent that money on this survey. But look at what we've lost 130 historic properties that wouldn't happen on the west side of town, I guarantee you. Next slide. Look at all these eligible properties just south of that cemetery. All these green boxes are properties that have history we can save. That's economic tourism right [5:20:54 PM] That's economic tourism right there. That's money coming back into the city. That is tax abatements for residential properties. That's affordable housing right there I know it. That's what we do. But this particular area is endangered. We've already lost Rainey street. We're going to lose a lot more. Next slide. How. Okay. Look at that top picture. It was perfectly fine before eureka purchased it. And saddened neglect again the misinformation that I'm hearing is that it's been two altered or two loss of integrity. Those are wrong information. Who left the windows open, who wasn't securing their property? This is common sense. I deal with this every single day all across the state. I preserve structures worse than this. I preserve structures with roofs caved in with 2 or 3 walls left. So this is wrong. This is not right. Preservation makes economic sense. As the city manager, how much money does that bring in Dallas? San Antonio, economic tourism, heritage tourism it makes money. Next slide. We did a brief prior preliminary cost analysis. All right I work with [5:21:54 PM] analysis. All right I work with nonprofits that don't have any money. And we preserve their structures over a ten year time span. So to hear a developer say or real estate holding company say we don't have the money, that's plain wrong. Just a basic analysis shows you the comparative cost of an adaptive reuse project and new construction. Of course it's going to vary. You have to do hazardous abatement materials and all that anyway, regardless of if you're demolishing it or not. So that's not an argument. I don't want to hear that. Preservation incentives. This state has one of the best state tax credits in the country. Our state legislature. Republicans said, this is what we want to do so that we can save properties. Great. Thank you all for doing that. Let's take advantage of it. Point or 45% tax credit. So easy for them to take advantage of nonprofits. Do it with the measly pennies that they have, right? Okay, let's assume we have a $2 million project to do this, right? We get about 45% tax credit back just under $1 million. I mean, they need to come up with $1.2 million to get this building up and running. It's not a complicated building. Right. Next slide. We have grants. We have sources of funding again all out there. The [5:22:56 PM] funding again all out there. The city itself will put in a quarter million dollars for a heritage grant. That means all I need is $1 million left to get this done, right? Well, we've got plenty of other affordable housing funds. We've got tax abatements. Riley Austin's got a lot of money. Public housing, public health funds for food access center. I think almost $400,000 is sitting in public food or public health for food access. This is a bodega. This could be an actual food source for the street, for the neighborhood. Right. So to actually put that money to use, we got new market tax credits. If we actually involve housing next door housing tax credits, national trust grants, $150,000 private donations. Saint David's gave $500,000 to Taylor for the dickey house, a historic black home. So you're telling me that we can't come up with $1 million? When I see over $1 million here in potential funding, that means this might just be a max $500,000 project that eureka has to put. So the economics don't make sense. Next slide. Everyone says okay, well this is not possible. We can't do it. We can't do it. We can't do it. Right. Again a lack of [5:23:56 PM] do it. Right. Again a lack of creativity, a lack of accountability and a lack of good stewardship, I am there's a reason why so many architects that you've seen on your backup that are supporting this, and structural engineers, because they know better, they're the experts. You ask the boards and commissions to make this. You hire the consultants to make the decisions. You hire some of the brightest staff that we have to make these decisions. And then we say, well, you all don't know, you all don't know. But eureka knows. I've looked at the structural reports. There's nothing in there of stuff of substance. We understand that no matter what goes there, you're going to have to relocate the property lines anyways. You're gonna have to bury those utilities. You're going to actually have to modify the sidewalk, make it safer. Yes. That's all understandable. We could do that. We make no little plans. Council, we can do this. We can make it happen. Next slide. There's a reason why there's only have they only have one architect on the opposition. And I understand that the neighborhood is in is in split right. They had 18 votes in your backup ten for demolition eight against demolition 18 people [5:24:57 PM] against demolition 18 people can't be representative of a neighborhood. We understand that. So I know it's not an easy decision that the neighborhood still has concerns about this. Right. But are those concerns against zoning or are they against neglect of an empty lot right now? Navigating? Well, I'll skip that number one. Right. Oh sorry. Go back these points. Right. We've already talked about cost. We've already explained that. Right. The future project is going to be easily $20 million. So you're telling me we don't have 500,000, $500,000 to put part of this building? We've done it. We're seeing it on block 16, block 18. That's the kind of development we want. That's the kind of creativity we want to see. Oh, but it's okay to do it on the west side, to do it over there where Swedish bakery is. Right. It's okay to do it for now as grocery, but why is it not okay for the east side? Why is it not okay for the east side to have these projects that demand developers include those buildings and actually do something that is going to keep our heritage alive? Again, it makes economic sense. Number two, hazardous materials, not an argument. Number three, lack of integrity. You've seen those [5:25:58 PM] integrity. You've seen those photos. Integrity means so much is gone that we can't fix it. That is wrong. The storefronts need to be reconstructed. Yes. But again, we brought things back 100 times worse than this. Believe me. I worked on courthouses across the state, and the state gives them $6 million to fix that. They can do it. Number four again, the structure was not thoroughly inspected. There's notes in there in a letter that I provided saying that even the structural engineer themselves said we really didn't do a thorough analysis of this. Right. So eureka didn't even have the ability or the desire to hire someone that's actually qualified to go into these buildings and actually tell them, of course, you're going to hire someone that doesn't have the experience structurally or as an architect. Again, we do this. That's why we're frustrated. It's not just the community voices, right? We have statewide support telling you all that we're losing this. This is why they laugh at us. This is why they say we're going to San Antonio for their heritage. This is not right. This wouldn't happen in other small twns that don't even have laws for this. [5:26:59 PM] don't even have laws for this. So it's not just about the laws. Next idea there is that it's too deteriorated. We already said that that's neglect. And the last item I understand property rights, right I understand, but we already have those property issues when we infringe that on an owner heritage trees, we protect trees more than we protect the building. I really wish that we had more of that support together to say, hey, this is sustainable. Hey, this protects the environment, right? Rezoning setbacks. Right? Even airport expansion. We took land. Right? Okay. Historic zoning ensures that properties are properly maintained. Next slide. What's the legacy? Please consider this. Please listen to the community. Listen to the statewide support we have. It makes economic sense. Thank you. Council. >> Next next speaker is Megan king, followed by Travis holler with time donated from Celine Rendon. Is Celine here okay? >> Okay. [5:28:02 PM] >> Okay. >> Good evening. >> I am Megan king, policy and outreach planner for preservation Austin, and I'm here to express our emphatic support for designating 1500 east 12th street as a city of Austin landmark. And we do request that this item be heard on first reading only. As we do not appear to have a full dias, we're joined by our partners and over 1600 signatories on our online petition, all of whom recognize the building's potential to shape a vibrant future for east Austin that honors the legacy of its black and brown communities. The 2016 east Austin survey recommends this property for local and national designation, and it has been unanimously recommended by both the historic landmark commission and the planning commission, which they never do that for its historic, architectural and community value. Yesterday, during a meeting with eureka, their representative stated that this case only be evaluated on the building's historic merit, not potential future use. If that is the case, this building is undeniably historic. The neighborhood association has expressed frustrations with this blighted corner, citing concerns about pedestrian safety and [5:29:03 PM] about pedestrian safety and infrastructure. These issues are urgent. The deterioration of this property and much of 12th street falls squarely on eureka's shoulders, whose neglect over the last eight years has made this neighborhood much less livable. If designated, the property would be subject to higher maintenance standards, per the code, especially if the owner seeks tax incentives like the one that the ones that Juan Raymond outlined. Preservation Austin would be glad to assist eureka in accessing these resources. This corner offers tremendous potential for creative solutions that balance preservation, density and walkability. Revising and neglected area of east Austin. This council has worked to make city the city more livable, promoting density, removing parking requirements, reducing building setbacks, and improving bike infrastructure. This site embodies many of these values with its rare urban commercial design, incredible history, and considerable development potential. 1500 east 12th street represents a watershed moment for the city. For decades, east Austin has faced demolition and speculative development that has displaced black and brown communities. We [5:30:03 PM] black and brown communities. We need visionary leadership from this council to preserve the legacy of these communities and chart a new future for east Austin. Thank you for your consideration. Travis holler gets six minutes with donated time from Celine Rendon. >> Thank you. And I had a presentation that I emailed in. Travis holler, and I had emailed in a presentation. >> Because the next speaker [5:31:20 PM] >> Because the next speaker looking for that. >> Jennie Grayson, sue gal. Marianne Sanchez. And Charlotte Patterson. >> Know Elias. >> If your name's been called, please come forward. If you plan on saying something. >> Hello, mayor and council, I'm Anne Charlotte Patterson. I'm vice chair of the Austin music commission. >> Historic preservation is a tremendous driver of tourism, and that's important to music, the music industry and the commission because hotel occupancy dollars support our live music fund. >> They also bring visitors to our city. They're coming out and seeing more shows. >> So I see a tremendous opportunity here for the developer to rehab this property. >> Visitors come here for authentic experiences. [5:32:21 PM] authentic experiences. >> They come here for a vibe. If we're losing our historic properties, I think that that will impact our tourism negatively. So I think if we're looking at this obviously from a the importance to the African American community, our black history, that goes without saying, but I see a possibility for a win win here. We can make a good economic decision as well as a good preservation decision. So I would encourage the developer to rethink their decision. Their place, their position on this. Their representative here sees blight. I see opportunity, and I would hope that the city council would support historic landmark designation for this property and other properties along the corridor. Thank you very much. >> If your name's been called, please state your name at the podium. >> All right. Hello, mayor. Council. I'm no Elias district three. I am here as the vice [5:33:22 PM] three. I am here as the vice chair of the community development commission. On Tuesday, when we met, we voted unanimously to support this item. The community development supports the historic landmark commission's ordinance to designate 1500 east 12th street as a city of Austin historic landmark. This property has been part of many changes in east Austin, and deserves to be preserved and designated as a historic landmark for the city of Austin. And everybody has given you so many reasons why how this would benefit our city. So the community development commission is proud to say that we support this, and we urge the Austin city council to support this ordinance. Thank you. >> Thank you. Good evening. >> My name is sue gall. I'm fortunate to be a resident on east 10th street in district one for 28 years now, 1500 east 12th [5:34:23 PM] for 28 years now, 1500 east 12th street is just half a mile from my house. I drive by it and walk my dogs by it all the time. >> It is heartbreaking to witness this building being purposely neglected so that it can be torn down. >> That appears to be eureka holding's business model. Please approve item 90 to support the historic landmark commission's recommendation to preserve an important part of east Austin's history, please don't reward this Dallas developers bad behavior. >> Thank you. >> Is your name been called? It has not. >> But I did register. >> Okay. Well all right, well, let's see if they call your name. >> If it's miss Caleb, please. Yes, your name is. >> All right. >> Thank you, thank you. >> Good evening. Council. Thank you for your service. My name is Mary Cale. I'm on the board of [5:35:23 PM] Mary Cale. I'm on the board of preservation Austin and I chair its advocacy committee. I'm an oral historian with experience in environmental history, environmental justice, and community history. I'm here today to urge you to make this a historic landmark. My job, literally, is to capture stories of people. That's what I do all the time. And this building provides a window into some of the fascinating stories in east Austin. >> One of the things I wanted to touch on is that, you know, it was originally owned by two German families. >> I'm fascinated by an aspect of that. They owned this property during both world wars. I would be interested to know how they navigated anti-german sentiment in that period. Another fascinating, really interesting aspect of the history of this site that I have not yet heard, discussed in detail is that it was the site of many beauty establishments, including those owned by African-American women. Historically, this was a fantastic way for black women to push back against mainstream [5:36:26 PM] push back against mainstream beauty standards and to achieve economic success while doing so. So it is just a really fascinating aspect of the history here. There's also an environmental impact effect around this property. As you know, all of the landfills are in east Austin. Demolition debris goes straight to east Austin. I've said that many times before in front of council. And when you tear down a building, it creates hazardous dust that oftentimes is not properly mitigated. And then that will go into your riverways other things I wanted to talk about is that, oh, so one of the adjacent local historic districts is currently pursuing national register status. And so what I want to point out is that the east 12th street corridor and this building, if landmarked as historic, would be part of a much larger historic fabric. This isn't isolated. This would [5:37:28 PM] This isn't isolated. This would be one of many that would contribute to an overall prosperous, thriving area. So I really want you all to remember that it's not just this one corner, it's part of the whole I would just I want to encourage you to designate this with historic landmark designation. Consider making the entire area a local historic district or doing those things to help preserve this area and make it prosperous and thriving, and bringing that tourism into Austin. As a oral historian, I would love to be part of capturing those stories again. I love doing that. I love historic preservation, and that's what I wanted to say. So thank you so much for your time. Thank you. Travis holler. With time donated [5:38:29 PM] Travis holler. With time donated from saline so he'll have six minutes. >> Awesome. Thank you. And I guess we'll try this again. >> Good evening, mayor and council. >> Council. Excuse me. My name is Travis holler, and I'm a constituent of district three and a board member for preservation Austin. And I also work for a local commercial real estate developer and investor. I'm here to request a vote on the first reading only, and to voice my strong support in establishing 1500 east 12th street as a city of Austin historic landmark. As mentioned by previous speakers, this property has already been recognized by city staff as meeting the requirements for historic landmark designation due to its architectural significance. Historical associations, and community value. It is also set a precedent by receiving for the first time, we've confirmed unanimous support from both the historic landmark commission, the planning commission and the community development commission. Now, council can continue that precedent by saving this building from demolition and designating it as a landmark. Next slide please. [5:39:30 PM] a landmark. Next slide please. Despite its historic value. Oh, and one more slide. >> Mr. Mayor, can we encourage the speaker to find that there's a little muffled piece that will stop that popping sound, and you don't have to put your mouth right on it? >> Sorry. It keeps drooping. >> Well, but we can still hear you. >> Yeah. Thank you. Despite its historic value, this landmark has faced neglect under the ownership by eureka holdings. As mentioned by previous speakers. This property. Oh, sorry. I'm skipping around a little bit, leaving it vulnerable to further deterioration. Next slide. While it's frustrating, what's frustrating is that prior to eureka's acquisition of this building, it was a well maintained and actively leased commercial retail space on the 12th street corridor. In my professional opinion, its deterioration was was done intentionally, despite its ability to remain an active commercial space for the broader community. The representative for the developer spoke earlier and made many comments about the condition of the building. Next [5:40:30 PM] condition of the building. Next slide. What he failed to mention was that the building was a functioning commercial space. When we acquired the building and the recent recent issues, including this morning's break in, are most likely the result of their intentional neglect and, for that matter, the illegal demolition and dereliction of the property. And only the past few weeks alone, which has been well documented and reported for code violations. Next slide. These images show this was taken a week ago of some of the initial demolition that's been done, despite the votes that have already taken place at hlc and planning commission. Speaking of code violations, there are numerous existing mechanisms within the city of Austin's code that could and should be enforced to prevent further damage to this iconic building. Provisions. Provisions related to the minimum maintenance requirements for historic structures. Penalties for illegal demolition, which is seen in these photos taken last week and is already underway, and emergency stabilization measures to provide a clear path for the city to hold eureka holdings accountable for its stewardship of this building. Proactive enforcement of these regulations can preserve the [5:41:30 PM] regulations can preserve the building's structural integrity, while advancing efforts to designate it as a historic landmark. Next slide just a juxtaposition of the two photos. The one on the right was 2015, prior to the acquisition. Next slide. Now let's talk about the legal name of this specific property, sodosopa salmon lp. For those unaware, the name sodosopa directly references an episode of the cartoon comedy south park in which an episode the city part of town. The city is pronounced differently if you can imagine directly mocks the impact of gentrification and redevelopment. The photos up there are screenshots of that episode, and you can see sodosopa is clearly depicted in those screenshots. Eureka holdings is directly mocking the residents of east 12th in the city of Austin as a whole. With this vile reference, voting to designate 1500 east 12th street as a historic landmark would not only protect a vital community asset, but also honor the stories and contributions of those who have called east Austin home, and it will ensure that our city's vibrant history [5:42:31 PM] that our city's vibrant history is preserved for future generations. Thank you for your consideration and your time on this agenda item. >> Our next speaker is Zenobia Joseph Ben heimsath missile Ramos with time donated from sold praxis. Is sol here? Okay. >> Go ahead, Mr. Heimsath. Miss Joseph, are you going to. Okay. >> All right, well, I'll go ahead and then. >> No, no, please go ahead. That's what we want you to do. But I'm just trying to encourage her to come ahead. There we go. >> Council members. Mayor Watson, I'm Ben heimsath. I'm an architect in private practice. I live in district one, and I also happen to be the chair of the historic landmarks commission. And when this came before us, we actually had two reviews. It was presented in both cases, both evenings we were presented with material about the condition of the building and why it was not [5:43:32 PM] the building and why it was not restorable you have appointed to our commission some very seasoned and very expert architects, engineers and professionals in the historic preservation field. So yes, when you're giving us information and you're showing us technically why you might want to tear something down if you can prove that to us very often, we'll accept the demolition and say, yes, it is beyond repair. That's roughly half the time what we get. This was probably one of the weakest cases that we saw. We had very little to go on other than, hey, they're codes that we currently have in current building standards that don't apply to this old building. And of course, there's a whole section of our code that deals with old buildings. So if you want to go back and look at the case, 1 or 2 of our members gave some of their experts a bit of a browbeating for presenting [5:44:33 PM] of a browbeating for presenting and making conclusions based on materials that were not accurate. What it really comes down to, though, for you all, it was a unanimous vote for us. And your choice tonight is what are we passing on about east Austin to future generations? Because this is a rare example of not only the 12th street that was prosperous during the days of the African American community, when we had a ridiculous amount of segregation, official sanctions against that vibrant community. But in spite of that, east 12th street prospered. And prior to that, you had the immigrant German community that put so much of this together. If this vote passes, this historic building emphatically can be restored. And if it's not going to be this owner that will do it, another one can. That [5:45:33 PM] it, another one can. That doesn't mean that there can't be other developments on this property. As you have heard, we have other properties where we've taken historic facades or historic buildings that were smaller or more modest and allowed for additions or densification. So that is a possibility, a win win possibility even with the historic zoning. The other alternative to this came to us, by the way, because the owner says they want to tear this building down, and that is the reason we initiated the historic zoning. So if you approve the request to demolish this building will probably last another 2 or 3 weeks. The bulldozer will be there, and there'll be no trace of this history left. So we hope and urge you to thank you. >> Thank you. Mr. Holmes. I would like to ask you a question. As chair of the landmark commission, and I'll ask this of city staff as well. But what is the enforcement mechanism? Let's say you've got somebody that's purposely trying to let a building, as has been suggested, more than suggested [5:46:35 PM] suggested, more than suggested here tonight, that there's an effort to let this deteriorate so that it can't be used so that something else can happen. And let's say that everybody would love to have it to be an historical landmark. What's the enforcement mechanism to keep somebody from just letting it fall into the ground? >> Yeah it is, it is a very high bar. But we have the term we refer to as demolition by neglect. And our commission along with staff can make that determination. However, we don't have the enforcement mechanism. We dovetail. Excuse me, our work with the building and standards commission and then code enforcement, and I don't have all the particulars because that answers the question, but that that's generally what will happen. >> But there's a mechanism that, that if there's a determination that this is being done purposefully, as has been suggested, you can enforce it so that you can preserve the historical nature. [5:47:35 PM] historical nature. >> Murray. That's correct. And I just want by reference this same owner, the hurdle house next door. They own that and they were threatened with the demolition by neglect. And they came to the table and actually have worked with the staff and with the commission in previous years. So as you can see, it's a it's a disappointment for us that this request would have come the way it has and that the response came back the way it has. We think that there's a creative solution and we urge you to help us find it. >> Thank you very much. Miss Joseph. >> Thank you. Mayor, council, I'm Zenobia Joseph. While I certainly do support the historic zoning for this building, I'm here to ask you to postpone this vote. Specifically, my written testimony from the October 8th, 2024 planning commission is not in backup. That's viewpoint discrimination. The person who [5:48:35 PM] discrimination. The person who spoke before me was nailah sankofa. Her information is in backup and mine is not. But if you should move forward, I do want you to recognize that on March 4th, 2021, you actually apologized to black people for intentional discrimination. And I want you to recognize specifically that you have an opportunity to make real the black embassy that was promised by the city manager back then. I want you to recognize as well, my information is on the screen so that you can actually see that I was at the planning commission. Next slide. I'll use the remainder of my time to ask you to please enforce the rules as they are posted. So this is a message to the security staff. I want to thank Mr. Rubio who was in the back. I want you to see the staff talking to us as we were preparing to talk to you, asking us to comply with rules that aren't there. >> You are. I want to rule you out of order. You know, you're not talking about the specific. >> It is, mayor, because the [5:49:36 PM] >> It is, mayor, because the gentleman I'm ruling you out who just spoke is on the on the screen. Mr. Rubio and I have underneath him. He's the preservation consultant. It is germane because on December 6th, 2024, in the Austin chronicle, he spoke about this particular case preserving Austin's vanishing soul. He mentioned 130 historic eligible buildings had been demolished, and that since 2018, you have actually approved less than eight historic items, less than eight properties. It is germane. Mayor, I want you to respectfully understand that these are the members on the left side who voted against the singing sun house, and that is simply my request to them to think differently. I want you to remember this morning, Natasha harper-madison gave you a history lesson about Houston Tillotson university. And so I would ask her this time not to vote against preserving the spirit of east Austin. And so it is germane. And I would ask Mackenzie Kelly, in her last act on council, to do something for [5:50:38 PM] on council, to do something for black people. And I'm not going off on a transportation tangent, mayor, but I do want you to recognize that that's how I met Mackenzie Kelly speaking about Samsung to apple. And lastly, I would ask Paige Ellis, who understands that black people are waiting 60 minutes for the bus ten times longer than white people to actually vote and do something for black people, as opposed to white privilege. And so it's germane, mayor, and my comments are always in the context of title VII of the civil rights act of 1964, which prohibits discrimination based on race, color or national origin. Please do more than simply sit there and talk about equity ad nauseam. I want you to recognize that the community development commission had nothing in backup on November 12th, when they had to vote on the equity preservation plan. >> If you, Joseph, I'll gladly answer them at this time. >> They are. >> Hello. Hey, my name is Marcel [5:51:39 PM] >> Hello. Hey, my name is Marcel Ramos. I am the sorry, Mr. Ramos. >> You have six minutes because soul praxis donated. >> Awesome. Thank you. >> My name is Marcel Ramos. >> I am the president of the Rodgers Washington holy cross neighborhood association. I forgot to say, the historic Rodgers Washington holy cross neighborhood association. And I'm actually up here to read off a statement from Brenda Malik, who couldn't be here today. So let me jump into it. So, dear council, I'm speaking in favor of agenda item 90. My name is Brenda Malik. I have lived in Austin since 1958. I went to Austin public schools and I'm a mighty yellow jacket and former longhorn. I raised two sons here and am a proud great grandmother of four. I started my career here and was the aide to the honorable Jimmy snell, so I have an inkling of all the pressures you face on the dais. While in that office, I worked tirelessly upgrade to upgrade city services [5:52:40 PM] upgrade to upgrade city services to a neglected 11th and 12th street corridor, including street lighting, paved streets, and even sidewalks. I have been in the back rooms and listened to concerns from neighborhood constituencies. More recently, I led an effort to designate the Rogers, Washington holy cross neighborhood as the only originally black Austin historic district. More recently, I led an effort to designate the Rogers, Washington holy cross neighborhood as the only originally black Austin historic district. I continue to serve on the Austin preservation group and help to develop the Austin historic plan that you so graciously adopted. Fortunately, your predecessors had the vision to establish boards and commissions to take some of the pressure off council and guide you to decisions that impact the daily lives of our citizens. I mention this because each one of [5:53:42 PM] mention this because each one of you appointed members to the historic landmark commission and the planning commission, both of whom have recommended the rezoning of 1500 east 12th street and the preservation of the building. Now, let's be clear. We've seen this strategy before, from the property owner to scoop up a property, even those designated historic, and just sit on them until they can claim that the building is unsafe and needs to be demolished. That's what we call demolition by neglect. I'm asking this council to stand up with your appointed commissioners. Stand up with neighborhood organizations and take a stand against this predatory land grabber, intent on taking advantage of the most vulnerable. Your east Austin, black and brown residents that are fighting to not be erased from the city's history. Thank you. Now, that was Brenda. This is me. So I just want to first comment on the deterioration of [5:54:46 PM] comment on the deterioration of the actual building. It's decayed because eureka hasn't done anything with it. Eureka doesn't care about people. It doesn't care about east Austin. It only cares about profits. If it actually did care about east Austin and actually cared about preserving the history, it would have rehabbed this building a long time ago. We've seen them do this again and again. They own 36 properties on 12th street alone, and they just let them deteriorate. The hurdle house was in the same situation until the hlc then actually was moving towards a demolition of a neglect permit. That's the only reason why they acted and actually rehabbed it. And so I come up here to really just put into focus that we have a really good opportunity here to really bridge the gap and actually [5:55:47 PM] bridge the gap and actually preserve this history and bring it into the future. But we need that opportunity by y'all voting in favor of community. So please take a stance against predatory speculation and come with a community. And let's actually do something great here. Thank you. >> Next speaker is Dan neindorff, followed by Monica Guzman. And. Anna Michelle babiak. Is anyone here? Shane Johnson. I see miss Guzman. Miss Guzman has time donated from Bobby Levinsky. Is Bobby here? >> He's still here. >> Okay, so you'll have six minutes. >> That's okay. I don't even think I'll need my full three. Good evening, mayor and council. I'm Monica Guzman, policy director at Garza lugo Austin. Austin Garza supports item 90 preservation of the 1500 east 12th street and ask you to vote [5:56:48 PM] 12th street and ask you to vote yes to designate 1500 east 12th street as the city of Austin historic landmark. For decades, east Austin has seen countless demolitions and displacement of its historic black and brown communities, erasing generations of stories and people who have shaped our city. 1500 east 12th street traces a long lineage of east Austin history. As you've already heard from previous speakers from his days an enclave for German immigrants in the early 1900s to its mid-century history, is a site of black businesses and cultural life. Dallas based owner eureka holdings has shown no indication that they intend to honor the history of this site, and its demolition would be a huge loss for our city's history. I ask that you take action to protect what remains of east Austin's black history. As a d4 resident and native Austin knight, I have done community work as well as my day job in other historic parts of the city the saint John's neighborhood. I've been in meetings and discussions with [5:57:49 PM] in meetings and discussions with them, wanting to preserve their history. Unfortunately, they lost those opportunities due to changes that have already been made over the years. So don't let that happen with this one. Approve the historic preservation. Also in a final statement, it's disappointing to know there are folks opposing such an important opportunity. Thank you. >> Hello, council, my name is Anna Michelle babiak and I'm a Dion resident living off of 12th street. >> I'm asking you to vote yes to designate 1500 east 12th street as a city of Austin historic landmark. I moved to Austin just four years ago from Washington, DC as an entrepreneur and multidisciplinary artist. What drew me here and has kept me here is that the city has a vibrant culture it offers from music to culinary arts and architecture, and I chose to live on the east side because it is one of the few remaining areas that maintains a distinct [5:58:50 PM] areas that maintains a distinct level of diversity and authenticity, with establishments and parks that have been cornerstones of the original communities for decades. Many veteran austinites have educated me about the painful era of redlining and segregation vis a vis east avenue, and I've seen its effects distinctly as infrastructure is still seriously neglected compared to other parts of the city. This year, just a few days after Thanksgiving, my neighbors home was demolished. A nearly 100 year old stone faced home. This came as a shock as the Latino renters had to vacate just two days before Thanksgiving. And then the bulldozers came and tore down everything from trees to mailboxes and the or be a part of the solution. [6:05:29 PM] or be a part of the solution. Thank you for your consideration. That was Elliot do. >> Thank you. Mayor. >> All speakers have been called for this item. >> All right. >> If, Mr. Mayor, some of the speakers who were here, I see I was walking down when y'all started the opposition that you called my name for. >> In favor? >> Okay. Are you Shane? >> Yes. Yeah. Go ahead. Okay. >> Thank you for your time. I know y'all know who I am. Shane Johnson, he and pronouns d7 resident. I'm here in solidarity with Dion and black community members asking to designate 1500 east 12th street as a historic landmark. I want to reemphasize the unanimous support from all three of the planning commission, the community development commission, and the historic landmark commission. Like they said, was unprecedented, and I strongly urge you all to follow their lead, which I know you have. You know, that's a strong precedent that this council does follow those votes. So please support this historic designation as [6:06:32 PM] this historic designation as well, to help protect not only the history of this specific site that so many speakers eloquently outlined earlier, but also to prevent the first proverbial domino from falling. Eureka owns 36 other properties on the east 12th street corridor, and. But excuse me, eureka owns 36 other properties on the east 12th street corridor. So we do not want to set a precedent that big. For profit developers can get away with demolition by neglect and continue to snap up other other properties and continue this cycle of this, you know, piece or aspect of gentrification. So please, council, we need to ensure this property and this property is designated as historic and then move to ensure the code department has the means to enforce preservation and rehabilitation of this property, and to make sure, you know, this pattern of demolition by neglect does not continue. Thank you. >> So before, let me let me tell [6:07:35 PM] >> So before, let me let me tell you, before we close the hearing on this, the way this will operate and the way I said it at the beginning, we were going to hear from those in favor, then those opposed, and then there would be an opportunity for rebuttal. And then we would close the hearing, and we'll take a motion and we'll vote. If your name has been called and you want to be heard, we need you to come forward. Reverend Dixon, are you going to speak? Why don't you start making your way down here? That way, we'll be able to be sure we hear from you. Thank you for being here. >> Hello. My name is Danny Thompson. I was born and raised in east Austin, and I'm now 67 years old, a local musician, maintenance worker, and a champion of the unhoused and proud east Austin resident. There were things that I heard last meeting that contradict my firsthand knowledge of and history. I'll start with the [6:08:37 PM] history. I'll start with the bottom line. This has never been a good memory place in east Austin. As I can remember with my own eyes, the staff history, you see, ends in 1970, which was a long time ago. Since then, this has been the halfway house, a terrible location because of all of the surrounding temptation being basically served as a spot for all kinds of illegal activities. Again, not a good memory. I know that some have have been told about the history of this corner, but I played. I started playing music in east Austin at the age of 13, and I'm still playing now. For people to say that eureka doesn't support music in east Austin. I've been playing at my residence in front of my [6:09:39 PM] at my residence in front of my house for seven years now, and they've supported me the whole time. My professional opinion as a maintenance worker, I've worked on the building before, and I know the dangers. I mean, eventually someone's going to get hurt. Hopefully you will give eureka a chance to show you what they have been doing instead of. Guessing and forming an opinion from people who have, who haven't been there, who haven't seen it with their eyes, they're just taking someone else's word. I'm one of the few last mohicans trying to keep it there. And I'll continue to play [6:10:40 PM] there. And I'll continue to play jazz in east Austin as long as I live. Thank you. >> Thank you sir. >> Good evening, council members, mayor and council. My name is Freddie Dixon. I'm a resident of Travis county. I have lived in the east crescent area for more than 50 years. I have a lot to say about that area. Number one, some of you may not know and some of you do. Most of my life has been dedicated to improving east Austin. I have created, shared and founding many of the organizations, and I don't need to go through that, particularly the latest being six square. The urban league, etc. The rest you [6:11:40 PM] urban league, etc. The rest you can find out for yourselves. Let me say this. The message that I have to say is contextualized, and I would like to contextualize it in this way. There is a major issue that is before us. It was exacerbated by codenext, which was made law here in Travis county. But let me continue to express what I mean by the exacerbation. The issue before us is the city of Austin's distrust of eureka. The second phase of this contextual is the distrust, the suspicions of the east Austin community and the Austin community at large. [6:12:42 PM] the Austin community at large. Thirdly, is eureka holding company, which has the right to buy and sell property. But before the floodgates were open with code. Next, I can say that because I've been here since 1977 and much of east Austin was still segregated, still dominated by persons in west Austin who own property in east Austin. In the year of 1980. To give you an example, the bottom fell out here in Austin because of the oil industry and many persons during that period of time owned properties in east Austin. What many of the persons who owned properties in east Austin did was they got with the taxing authority of east of Austin and asked that their properties be lowered in order [6:13:42 PM] properties be lowered in order for them to continue to sustain their properties in west Austin and the greater Austin area. So here we have codenext all of a sudden saying that you can do whatever you want to do with your property. As I mentioned, I've been in Austin for over. I oppose this zoning for the reasons that I do think. That the housing is not deserved at this. >> Thank you pastor. We appreciate you being here tonight and appreciate what all you've done for Austin. Under our rules, the applicant is entitled to a rebuttal of three minutes. Let me ask if the applicant or the representative. In this case, the city wishes to make a rebuttal. All right. [6:14:43 PM] make a rebuttal. All right. Thank you. The rebuttal has been waived. Without objection, we'll close the public hearing on this item. And the chair will now entertain discussion with regard to the item or a motion. If someone has a motion that they would like to make. Council member harper-madison. >> Thank you, Mr. Mayor. I was I was doing like you. I was going to holler regardless of the microphone. Thank you, Mr. Mayor. I'd like to move that. We do what I think is most appropriate in this case, and respect the wishes of the people who live in the neighborhood most directly affected by the historic zoning and denied the historic zoning. And I'll speak further to that. When the opportunity presents itself. >> Members. The motion has been made by council member harper-madison to deny the application for historical zoning. Is there a second to the motion? Is there a second? [6:15:46 PM] motion? Is there a second? Seconded by council member Ellis. So the motion is to deny the application for historic zoning. It's been seconded. Discussion on the motion. And council member harper-madison. I'll recognize you. >> Thank you, I appreciate it. You know, I, I generally start by thanking all the community members who showed up and made their opinions known. I will say, I wish the period that we had to have these sorts of conversations had been as long as the neighborhood has been having these conversations. But I do appreciate the advocates showing up when they did and other stakeholders, frankly. So part of my job as a representative for district one and my residents of the affected neighborhood aside, I've made a very specific and concerted effort to not consider that as a part of my decision making process. But I will speak as a black person, as a woman, as a policymaker in central Texas. [6:16:46 PM] policymaker in central Texas. It's always difficult for me to sit here and most especially hear non-black people talk about black people's best interest. If for no other reason, I can't speak candidly to my experience personally. But then, you know, not have it affect my policymaking decisions. So I will just say from a policy makers perspective, I, generally speaking, never vote against a private property owner's wishes for their property. So that would be my number one distinction in this particular case. But then most importantly, I appreciate having people who live in the community take the opportunity, live in the community most directly affected, take the opportunity to, amongst themselves, have discussions to determine what's best for their neighborhood. And in this case, you can see what's in the backup and it's all public record. You're also very welcome to do public information requests for all of the [6:17:48 PM] requests for all of the information that's gone back and forth about 1500 east 12th street, because not all of it is in the backup. But I've heard from very many residents of the most directly affected community that the vote is to not designate this particular property historic. And so I won't go into what their reasoning is. I'll let you make that discovery for yourself. I will say this as a policy maker who represents this district and beyond, I just want to be clear. District one is over 46mi S and represents over 90,000 people. I often represent or I often refer to east 11th and 12th as the epicenter of the African American cultural heritage district. Because I believe it is. I think it's important to note that prior to my taking office, one of the first things I did was approach former council member Houston and say, I have concerns that all of these signs that I see look the same. Is it possible that one [6:18:48 PM] same. Is it possible that one singular developer owns all of these parcels? And I will just say that my concerns were not met with what I believe should have been very immediate concern and response. But to her credit, I will say this. I realized then and a part of why I wanted to become a policymaker. There was no protocol in place to protect east Austin. There was no protocol in place to prevent a singular property owner from going from at the time, which was only about 30 parcels to hundreds. No protocol in place. I'll also add, you know, to some of the speakers this evening, as a person who grew up in this community, I not that I find it disingenuous, but I will say that the care and concern certainly wasn't there when the bullets were whizzing by and gang violence was happening in the community, and crack cocaine took over my neighborhood. And so I appreciate folks showing up [6:19:48 PM] so I appreciate folks showing up now with care and concern about east Austin. But I sure wish it happen sooner. And I think a lot of what we're facing today is the direct result of what has been mentioned already, benign neglect and disinvestment in a community. And folks who showed up too late. And so all that to say, while we are considering what the future of our communities look like, when I brought forward the 780 702 item, much of it is about preservation. I often hear from folks who stand in opposition to policy decisions I make, but never hear support from those same individuals. The 780 702 initiative is about exactly what was brought forward tonight, with considerations around the preservation of seven, eight, 702. And I haven't heard from a single solitary person who spoke tonight in favor of preservation of this particular structure. I'll also say some of the folks [6:20:50 PM] I'll also say some of the folks that spoke tonight, I've been in communication with regarding the building across the street, the south gate Louis house that I've been advocating for since before my time on council, and even with their advocacy, nothing happened until last year. Nonstop, constant dogged fighting. The building is privately owned. It was gifted to the community. It was gifted to the Poisson historical society and still fell in disrepair. It still didn't have insurance, it still was structurally unsound. It still didn't have the necessary leadership in place to make sure that the taxes were paid. Until last year. All of those things were true. The south gate Louis house could have burned down to the ground, and there would have been nothing that we as a community could have done about it, because nobody was there to advocate for it. There was a singular individual, an 80 something year old man until last year, who was the sole steward for the space. Even with [6:21:51 PM] steward for the space. Even with the support of preservation Austin, even with the alleged support of members of the community, it took fighting until we got people to join and reform the board for the W.H. Poisson historical society to get it back in compliance, to get it insured, to get it back in, and structural safety considerations. And I say all those things to make sure that when we take the opportunity to speak on behalf of communities and preservation efforts, that we're not cherry picking, I want to make sure that it's broadly applied and unilaterally applied the seven, eight, 702 plan that I brought forward. It's not done yet. You still have time to jump on board and let's work collectively to work towards putting into place and codifying preservation efforts and methods and protocol, that is by law. And so to Mr. Or to reverend Dixon's point about private property owners being able to do [6:22:52 PM] property owners being able to do what they want to do with the property that they purchased, that is capitalism. And I can't fight that, and neither can you. But what we can do as community members who feel very strongly about the preservation of the history of a people who have been neglected, and the same state where they were in chattel slavery is make it a law. And if that's what you'd like to do, please join team d1 and let's fight together to put into place rules and laws that consider preservation moving forward, and protocol that makes it so. Also, I'd like to say I know that nobody here is going to have an easy decision this evening, but what I'd like to what I'd like to see us do is balance our ability to thoughtfully preserve history and culture, and welcome new opportunities and potential. Along with this initiative and equity based preservation planning, which I was happily a [6:23:54 PM] planning, which I was happily a part of and will continue to be a part of. We can shape this community in a way that's comprehensive, that's compassionate, that's thoughtful and pragmatic, one that encapsulates the diverse wishes of all community members, including community members that just got here seven years ago, and Danny Thompson, who's been here for 67 years. These decisions won't be easy for my colleagues. It certainly isn't easy for me. It never is. Everything I do as a black woman in central Texas comes with some degree of complication, and anybody whose inability to see that is just not looking. And that's okay. I'll move on. I'll live. I'll survive. The decisions are never easy. This decision will not be easy for my colleagues, but I encourage you to respect the wishes of the people who live in the community most directly affected by the decisions we make here tonight regarding this space, and what they would like to see for their community and their [6:24:54 PM] community and their neighborhood. Davis Thompson is one of those neighborhoods that, you know, as communities grow and change, we got a lot of folks moving in and a lot of folks moving out, some by choice, others not. And the truth of the matter is, is people are beginning to raise their families. I'm looking around the room at some folks who have new and budding families. You have real specific desires for your community and for your house and for your community. So do they. And what they'd like to see for the future, for their children is relevant and important also. So thank you to everybody who put in their time and effort, and took the opportunity to speak from the heart, to speak genuinely and without judgment, and take all points of view into consideration. I do appreciate that very much. We don't always agree. I'm well aware that it doesn't mean that we're not listening, and it certainly means we're not fighting hard. And again, you'll do what you will with that information. And what you think about me is none [6:25:55 PM] what you think about me is none of my business. So your participation is always welcome. And your thoughts and ideas are always taken into consideration, into consideration in the bigger picture when we cast our votes. And so thank you, Mr. Mayor, for the time. And thank you, colleagues, for allowing me the opportunity to give sort of an extended rendition of my perspective of the matter. >> Of course. Councilmember. Thank you. Any further discussion on the motion, which is to deny the application for historical zoning? Councilmember Allison alter. >> So first, I want to clarify, if we support this historic zoning, we're voting no on this. >> Yes, this this is to deny the application. So if a council member supports the historical rezoning, you would vote no on this motion. >> Thank you. This is my last vote on the Dyess. Or unless there's more votes after there are more motions after this, there may be the last item that I will be voting on. Let me say [6:26:55 PM] I will be voting on. Let me say that, and I will be proud to support this historic designation. Thank you, thank you. >> Is there any further discussion on the motion? That is before the council at the right now, that being the case, all those in favor of the motion to deny the application for historical zoning, please raise your hand. All those opposed to the motion, raise your hand. There being two yeses and nine no's. The motion fails. For the record, the yeses are council members harper-madison and Ellis. Are there any other motions at this time? Mayor pro tem move approval of the historic designation on all three readings. The mayor pro tem moves approval of the application for historical [6:27:57 PM] application for historical rezoning. It's seconded by councilmember Allison alter. Discussion with regard to this motion. Hearing none. All those in favor, raise your hand. All those opposed, raise your hand. There being nine yeses and two no's. Those being council members. Harper-madison and Ellis. The motion passes and the nine votes pass it on. All three readings. Thank you. Thank you all. As we come to the end of this agenda. We talked a lot about it on Tuesday, and but it's appropriate for us to say, as councilmember Allison alter just suggested, three people are ending their careers on this [6:29:01 PM] ending their careers on this dais for now. And, you know, so I said, for now, I've seen some people come back, but but for now, we say goodbye to the mayor pro tem, to councilmember Allison alter, and to council member Mckenzie Kelly. And we said it. And I don't want to repeat everything that was said on Tuesday, but I think it's only fitting and proper that we say thank you, thank you, thank you, and we appreciate you. And we appreciate the fact that you put yourselves on the line. You put yourselves on the line over and over and over again in order to provide the kind of public service that is necessary for a city like Austin, Texas, to not only get by, but to thrive as a great American city. And so thank you, all three of you. And with that, there being no further business to come before the Austin city council at this scheduled meeting of on December 12th, 2024. Without objection, [6:30:02 PM] 12th, 2024. Without objection, we are adjourned at 6:30 P.M.