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[Call to Order]

[00:00:06]

TODAY IS THURSDAY, UH, OCTOBER 29TH.

UM, THIS IS THE, UH, AUSTIN CITY COUNCIL MEETING.

WE'RE HAVING THIS MEETING.

OKAY.

[Consent Agenda (Part 1 of 2)]

READ THROUGH SOME CHANGES AND CORRECTIONS TODAY.

ITEM NUMBER 10 IS POSTPONED TO NOVEMBER 12TH, 2020.

ITEM NUMBER FOUR, THE THREE IS WITHDRAWN.

UM, HAVE ANY PULLED ITEMS YET, BUT WE'LL COME BACK TO THAT IN A SECOND.

CAUSE I KNOW THAT WE'LL, WE HAVE LATE BACKUP IN ITEMS 10 20, 25, 26, 34, 40 AND 44.

UH, ARE THERE ANY ITEMS TO, UH, PULL OFF OF THE CONSENT AGENDA? ANY ITEMS DEPAUL? I THINK THAT, UH, UM, I HAVE SOME QUESTIONS FOR STAFF ON ITEM NUMBER SEVEN.

UH, THEY COULD BE QUICK, UH, BUT I'LL PULL THAT SO THAT, UH, THEY HAVE TIME TO BE ABLE TO GET HERE.

UH, THAT'S THE DARDY ART CENTER, ANY OTHER ITEMS TO PULL OTHER THAN THAT ONE COUNCIL MEMBER HARPER, MADISON IS NOT WITH US HERE.

UH, I KNOW THAT SHE'S RAISED QUESTIONS WITH RESPECT TO ITEM NUMBER 20.

UH, I'M NOT COMFORTABLE HAVING THAT MOVE FORWARD WITHOUT HER BEING HERE AND THERE ON UNHELPFUL ON 20 MYSELF JOHN'S MEMBER FLANIGAN, POOL'S ITEM NUMBER 20.

UM, YEAH, SOME OF OUR HOPPER MADISON HAVE A, UM, UH, A, WHAT ARE THOSE THINGS CALLED? EXPLOSION OF THE POWER THING IN THEIR NEIGHBORHOOD.

SO POWER'S OUT AND SHE'S GETTING TO A PLACE WHERE, UH, SHE CAN HAVE HER FAMILY SETTLE AND STILL PARTICIPATE WITH US IN THE, UH, IN THE MEETING, SHE SAID SHE'S ABOUT TO BE ABOUT 45 MINUTES LATE.

UM, AND THEN SHE'LL, THEN SHE'LL JOIN US.

SO WE HAVE ITEM SEVEN AND ITEM 20 BEING PULLED THE CONSENT AGENDA.

TODAY'S ITEMS ONE THROUGH 27 AND ALSO 41 THROUGH 43.

UM, IS THERE A MOTION TO APPROVE THE CONSENT AGENDA? MAYOR PRO TEM MAKES THE MOTION.

IS THERE A SECOND COUNCIL MEMBER COSAR SECONDS? UH,

[Public Comments (Part 1 of 3)]

WE HAVE, UH, UH, SOME FOLKS TO SPEAK, UH, THIS MORNING.

UH, SO BEFORE WE TAKE A VOTE ON THE CONSENT AGENDA AND MOVE FORWARD, LET'S HEAR FROM THE SPEAKERS, UM, LEARNER JEANETTE, HOW ARE WE DOING ON SPEAKERS? WE READY THROUGH THAT? YES, MA'AM WE'RE READY.

THE FIRST SPEAKER IS TOM WALD.

HI, THIS IS TOM WALD WITH THE REDLINE PARKWAY INITIATIVE, SPEAKING ON ITEM 31 AND ALSO NOTE THAT IT RELATES TO THE ITEM AND THE SPECIAL CALLED MEETING THAT'S HAPPENING TODAY AS WELL.

THIS IS REGARDING THE AUSTIN ENERGY SITE AT 24 12 KRAMER LANE.

AND THE CHANGE IN, UM, THE ARE BASICALLY A PLAN AMENDMENT TO NORTH BURNETT GATEWAY REGULATING PLAN OR TO, UH, POSSIBLY REZONE A PORTION.

AND I WANTED TO GIVE SOME BACKGROUND, UH, RED LINE PARKWAY INITIATIVE, UM, IS FOCUSED ON, UM, THE RED LINE TRAIL ON THIS PARTICULAR PARCEL.

UM, WE WANT TO MAKE SURE THAT THERE'S A GOOD ALIGNMENT AND CITY STAFF, URBAN TRAILS HAVE BEEN WORKING WITH AUSTIN ENERGY FOR SOME MONTHS NOW, BUT, UM, REACHED AN IMPASSE.

UM, WE, UH, ARE LOOKING FOR AN ALIGNMENT GROUP THAT GOES ALONG THE RED LINE ITSELF, UM, AND IS NOT CIRCUITOUS.

UM, AND, UH, OUR UNDERSTANDING IS THAT, UH, ADDING A SUBSTATION HERE COULD, UH, THAT THAT'S OUTSIDE OF THE AUSTIN ENERGY AS A CONCERN AND CREATING A DIRECT ROUTE FOR THE RED LINE TRAIL.

AND SO, UM, AS A RESULT, UM, WE JUST WANT TO MAKE SURE THAT THE REDLINE TRAIL IS GIVEN A GOOD ALIGNMENT.

WE BELIEVE IT CAN BE DONE SAFELY.

UM, GIVEN THE, UM, ANY, YOU KNOW, REGULATIONS AND CONCERNS.

UM, WE ARE NOT

[00:05:01]

OPPOSED TO THE SUBSTATION ITSELF AND DEFINITELY THINK THAT THAT'S IMPORTANT FOR THE AREA.

UH, WE DID MEET WITH AUSTIN ENERGY LAST WEEK AND HAD SOME GOOD BREAKTHROUGHS, BUT WE HAVEN'T YET RECEIVED A GOOD AGREEMENT ON THAT.

UM, I WILL NOTE THAT TINY COMMISSION, UH, SAW THIS ITEM ON TUESDAY AND, UH, FOR ITEM 31, UM, THEY, THEIR RECOMMEND HER FOR THEIR SUB THE SUBJECT.

THEY RECOMMENDED THAT THERE BE A, UH, THE USES FOR A SUBSTATION BE GRANTED AS A CONDITIONAL USE.

AND THAT, THAT WOULD ALLOW THE A, THAT WOULD REQUIRE THE SITE PLAN TO BE BROUGHT BACK TO THE PLANNING COMMISSION AGAIN, AND THEREBY WE WOULD HAVE AN OPPORTUNITY TO MAKE SURE THAT AUSTIN ENERGY HAS DONE ALL THEY CAN TO, UM, ALLOW, UH, TRAIL ALIGNMENT ON THE WEST SIDE OF THE PROPERTY.

UM, SO THE, THE OTHER OPTION FOR THE REZONING WOULD ALSO PROVIDE SOME OPTIONS THAT WOULD SAFEGUARD THE ABILITY FOR PEOPLE TO BIKE AND WALK, UH, DIRECTLY TO DESTINATIONS AND TO ACCESS THE NEW BROADMORE TRAIN STATION THAT IS CLIENT FOR THE AREA.

UM, AND AGAIN, UH, THIS IS FOR A 32 MILE CORRIDOR WOULD BE THE ONLY CONTINUOUS NORTH SOUTH URBAN TRAIL FROM DOWNTOWN UP TO THE URBAN METRO EDGE IN THE NORTH.

AND, UM, THIS, THE, THE PROPOSED ALTERNATE ALIGNMENT WOULD ADD ABOUT 80% OF LENGTH TO THE TRAIL AND IT WOULD CREATE MORE CAR CONFLICTS WITH, UH, WITH BUSY DRIVEWAY.

SO THAT'S OUR CONCERN.

UM, SO AGAIN, THANKS VERY MUCH.

REMAINDER OF MY TIME.

OKAY.

MAD THAT, UM, WE ONLY HAD TWO SPEAKERS AND ONLY ONE CALLED IN TIBET CONCLUDES SPEAKERS.

OKAY.

UM,

[Consent Agenda (Part 2 of 2)]

HI COLLEAGUES, WE HAVE A MOTION IN FRONT OF US TO APPROVE THE CONSENT AGENDA.

CONSENT AGENDA IS ITEMS ONE THROUGH 27 AND 41 TO 43.

UM, NOTING THAT, UH, SEVEN AND 20 HAVE BEEN, UH, UH, POLL, UH, 10 WAS, UH, UH, POSTPONED AND 43 WAS WITHDRAWN.

UH, IT'S BEEN MOVED IN SECOND, THOSE IN FAVOR OF THE CONSENT AGENDA, A MAYOR PRO TEM, WHERE YOU, YOU WANT TO SAY SOMETHING, SORRY, I MAY HAVE GOTTEN ITEM NUMBERS, UM, CONFUSED, BUT THE CAMP CASE THAT I UNDERSTAND WILL BE WITHDRAWN, THAT WE WILL PUT, THAT COMES UP AT TWO.

IS THAT RIGHT? YES.

43 HAS BEEN WITHDRAWN, UH, THAT IS NOT THE CAMP CHASE, THE CAMP CASES.

I HAVE NUMBER 40 AND IT WILL BE BROUGHT UP.

IT'S NOT BEING CONSIDERED TODAY.

UM, BUT ALSO IN, IN CASES WILL BE BROUGHT UP THIS AFTERNOON.

UM, COUNCIL MEMBER ALTER AND THEN COUNCIL MEMBER COSAR.

THANK YOU.

UM, I JUST WANTED TO ACKNOWLEDGE ITEM NINE, UM, WHICH IS A SERVICE AGREEMENT, UM, PORTION OF MAKE IT NOW, WHICH IS A COLLABORATION OF A WORKFORCE FOR A WORKFORCE INVESTMENT, UM, BETWEEN TRAVIS COUNTY, UM, THE CITY AND WORKFORCE SOLUTIONS.

THIS IS A VERY IMPORTANT PROJECT THAT'S GONNA INVOLVE RAPID RETRAINING AND RE-EMPLOYMENT.

UM, AND I'M GLAD THAT WE WERE ABLE TO INCLUDE THIS INITIAL PORTION IN THE BUDGET.

AND JUST AS WE ARE THINKING ABOUT OUR NEXT STEPS FOR ANY FUTURE FEDERAL OR STATE AID THAT COMES TO US, UM, I JUST WANT TO PUT A FLAG IN IT THAT THESE WORKFORCE, UM, INVESTMENTS ARE REALLY IMPORTANT FOR OUR RECOVERY OVER THE LONGTERM.

AND I'M GLAD THAT WE'RE ABLE TO TAKE THIS INITIAL STEP, BUT WE WILL NEED MORE FUNDING TO MAKE THIS WHOLE PROCESS AS FULL AS IT CAN BE AND HELP PEOPLE GET BACK TO WORK.

THANK YOU.

OKAY.

THANK YOU.

.

I JUST WANT TO THANK THE COUNCIL FOR MOVING FORWARD ON ITEM 27 AND FOR THE LAW DEPARTMENTS, UH, CONTINUED WORK TRYING TO, UM, UH, WHEN THIS, UH, LEGAL FIGHTS SO THAT OUR ANTI-DISCRIMINATION RULES AND HOUSING, UM, CAN STAND UPRIGHT BEFORE WE HAD ONE COUNCIL WAS SEATED.

UH, I KNOW THAT MAYOR PRO TEM COLE AND CIOBO AND MANY OTHERS, UH, WORK TO PASS THE NG DISCRIMINATION RULES, UM, TO PROTECT PEOPLE THAT WERE TRYING TO PAY FOR THEIR HOUSING WITH THE VOUCHER.

UH, IT, I KNOW WE HAVE MANY PEOPLE MANAGING OR SEVERAL PEOPLE IN MY OWN DISTRICT MANAGING, UM, UH, APARTMENTS AND HOMES WHO WERE PREPARED TO IMPLEMENT THEM AND, AND, UH, AND ANY DISCRIMINATION BASED ON SOMEBODY TRYING TO GET HOUSING USING A VOUCHER.

AND, UH, AND UNFORTUNATELY THAT WAS, UH, THAT THE LEGISLATURE ESSENTIALLY LEGALIZED THAT DISCRIMINATION BY PASSING A LAW, SAYING THAT YOU CAN ESSENTIALLY CAN DISCRIMINATE BASED ON SOURCE OF INCOME.

SO I APPRECIATE

[00:10:01]

OUR LAW DEPARTMENT CONTINUING THAT WORK, MOVING THEM UP, UH, THROUGH THE COURTS AND, UH, AND A LOT OF HOMES AND HELPS, UM, YOU KNOW, HELP US IN CONNOTATION TO GET THIS GOING.

SO THANK YOU CITY ATTORNEY, AND TO THE COUNCIL FOR OUR CONTINUED WORK HERE, IT IS RELEVANT TO OUR WORK TO END HOMELESSNESS.

UH, UH, HOUSING VOUCHERS ARE A CRITICAL WAY FOR US TO GET PEOPLE QUICKLY INTO HOUSING THAT ARE LIVING ON THE STREETS.

UH, AND THEN ALSO LOW INCOME THERE'S EVERYDAY WORKING CLASS, LOW INCOME PEOPLE.

AND SO, UH, I URGE AND WE CONTINUE TO WORK WITH LANDLORDS TO VOLUNTARILY, UH, NOT DISCRIMINATE, BUT I JUST FEEL LIKE WITH OUR CIVIL RIGHTS LAWS, IT JUST MAKES SENSE FOR DISCRIMINATION TO NOT BE OKAY.

OKAY.

THANK YOU.

UH, I NOTE THAT, UH, ITEM NUMBER 10, THIS IS THE THREE 80 PROGRAM, UH, BEING POSTPONED TILL NOVEMBER 12TH, UH, AT THIS POINT I'M OUT THAT WEEK.

SO I HOPE THAT THE STAFF CAN JEN GET WITH ME AND MY OFFICE AND THE REST OF THE COUNCIL PRIOR TO THEM.

UH, SO THAT IF I HAVE ANY THOUGHTS OR CONCERNS OR RESERVATIONS OR SUGGESTIONS, OR, OR THE LIKE, UM, HAVE THE OPPORTUNITY TO BE ABLE TO, TO PARTICIPATE IN THAT, I THINK, UH, AS WE'RE FOCUSING IN THAT RESOLUTION, UH, THAT WE'VE PASSED NOW TWICE WITH RESPECT TO HELPING THOSE ICONIC PLACES THAT WERE IN DANGER OF LOSING, AND IF THEY DISAPPEAR, UH, WILL BE REPLACED, CAN'T BE REPLACED, UM, THAT WE LOOK AT THE THREE 80 IS A REALLY IMPORTANT TOOL TO BE ABLE TO, TO HELP, UH, SEPARATE.

AND APART FROM THAT PRIOR DIRECTION, WITH PERSPECTIVE THREE 80, I THINK WE SHOULD CONSIDER KIND OF IN A DIFFERENT CONTEXT AND EXPANDED THREE 80, UH, TO HELP THINGS LIKE RESTAURANTS.

GENERALLY.

I DON'T KNOW THE EXTENT OF THAT OR WHAT THE COST OF THAT WOULD BE, UH, BUT, UH, AND HOPEFULLY THE FEDERAL GOVERNMENT IS GOING TO COME IN TO HELP WITH THAT LARGER GROUP OF FOLKS.

UH, BUT I THINK WE SHOULD BE THINKING ABOUT THE THINGS THAT WE CAN BE DOING FOR THAT LARGER GROUP OURSELVES, UH, THAT MIGHT INCLUDE, UH, UH, AN ADDITIONAL SEPARATE APPLICATION OF A THREE 80, UH, MIGHT INCLUDE MAKING IT EASIER FOR PEOPLE TO BE ABLE TO HAVE TABLES OUTSIDE MIGHT INCLUDE, UM, UH, ANYTHING ELSE WE CAN IN ORDER TO BE ABLE TO, TO HELP THAT UNIVERSITY AS WELL.

AND I DON'T, I DON'T KNOW THAT THAT WOULD NECESSARILY BE PART OF WHAT'S COMING BACK ON THE 12TH, BUT, UH, I THINK WE NEED TO BE DOING THAT.

AWESOME.

UM, ANYTHING ELSE, UH, THAT WE NEED TO, UH, UH, CONVERSATION THEN LET'S TAKE A, VOTE THOSE IN FAVOR OF THE CONSENT AGENDA.

PLEASE RAISE YOUR HAND, UH, THOSE OPPOSED, UH, TO UNANIMOUS ON THE DIOCESE WITH COUNCIL MEMBER, CARPER, MADISON, NOT, UH, NOT WITH US, UH, COLLEAGUES, UH, NOW, UH, ITEMS THAT WE CAN CONSIDER, UH, IS, UH, STAFF HERE TO SPEAK ABOUT THE DARDY ARTS CENTER THEY ARE, AND WE'LL JUST WAIT A MINUTE, BUT I'LL GET YOU TO MOVE ON.

OKAY.

THAT'D BE GOOD.

JUST TO ASK A FEW QUESTIONS, UM, ITEM NUMBER 20, WE'RE GOING TO HOLD, UH, UNTIL THE COUNCIL MEMBER HARPER MADISON IS, UH, IS, UH, IS WITH US, UM, THAT, UH, WOULD ENABLE US, I THINK, TO, UH, UH, CONSIDER THIS 0.3.

I THINK WE COULD CONSIDER, UH, PUBLIC HEARINGS, UH, ITEMS AND THE AUDIT AND FINANCE, UH, ITEMS. SO ITEM

[Items 28 & 29]

NUMBER 28, UH, AND, UH, ITEM NUMBER 29 ARE TWO RESOLUTIONS THAT COME TO US FROM THE AUDIT AND FINANCE COMMITTEE.

UM, CATHERINE WERE ALTERED.

DO YOU WANT TO LAY THOSE OUT? OKAY, SURE.

UH, JUST GIVE ME ONE, UM, 28 WAS THE JOINT INCLUSION COMMITTEE BYLAWS, AND A 29 WAS THE ORDINANCE RELATING TO THE AUTHOR.

SURE.

SO, UM, 28, UM, ALIGNS THE BYLAWS FOR THE JOINT INCLUSION COMMITTEE WITH ACTIONS THAT WE TOOK BEFORE TO CHANGE THE COMPOSITION OF THE COMMITTEE AND TO CLARIFY ITS PURPOSE PRETTY STRAIGHT FORWARD.

UM, AND THEN ITEM 29, UM, ADDRESSES CONCERNS THAT THE CITY AUDITOR, UM, OFFICE HAD, UH, WITH RESPECT TO, UM, ISSUES RELATED TO, UM, THEIR INVESTIGATIVE AUTHORITY, FEDERAL AUTHORITY, UM, DUE TO SOME CHANGES THAT WERE MADE, UM, IN THE LAST TWO YEARS WHERE WE'VE DISCOVERED THAT WAS, UM, THERE WERE SITUATIONS WHERE THE AUDITOR WAS HAVING TO SPEND SIGNIFICANT TIME ON, UM, DEMEANOR MISUSE SITUATIONS,

[00:15:01]

WHICH COULD BE BETTER HANDLED BY THE CITY MANAGER'S OFFICE.

AND SO, UM, THIS JUST SETS UP, UM, THE PROCESS SO THAT THOSE DIMINIMOUS USE CASES, UM, CAN BE, UM, DEALT WITH BY THE CITY MANAGER RATHER THAN THE AUDITOR'S OFFICE.

UH, WE RECENTLY HAD FOUR MISUSE REPORTS THAT WERE SMALL AND SCALE, AND THOSE COULD HAVE BEEN REFERRED, UM, HAD THIS, UM, PROPOSED CHANGE, BUT PUT IN PLACE, WE WOULD HAVE HAD A BETTER USE OF OUR AUDITOR RESOURCES.

OKAY, THANK YOU.

IS THERE A SECOND TO THE ITEMS COMING FROM, UH, THE AUDIT AND FINANCE COMMITTEE, COUNCIL MEMBER POOL SECONDS, AND I, AND I JUST HAD TWO ITEMS AND I HAD ONE THING TO, TO ADD, UH, TO THE SECOND ONE, UM, ITEM 29, I BELIEVE IN, AND MAYBE COUNCIL MEMBER ALTER CAN CONFIRM THAT ASKED ME HAS ALSO REVIEWED THESE CHANGES AND ALSO IS SUPPORTING, UM, MY UNDERSTANDING IS THEY ASKED ME, HAS THIS CHANGE AND SUPPORTS IT.

AND THAT, THAT IS, UM, REFERENCED IN SOME OF THE BACKUP THAT WE HAVE AND, UM, THE, THE CITY MANAGER'S OFFICE ALSO SUPPORTS IT.

OKAY.

ANY FURTHER DISCUSSION ON THESE TWO ITEMS, UH, ITEMS, UM, 28 AND 29 HAVE BEEN MOVED.

THEY'VE BEEN SECONDED.

LET'S TAKE A VOTE THOSE IN FAVOR, PLEASE RAISE YOUR HAND.

THOSE OPPOSED NATIXIS ON THE DICE AGAIN WITH COUNCIL MEMBER HARPER, MADISON, UH, NOT WITH US, MR. RENTER, REAL SOFT FOOT OFF THE SCREEN, AND PO IS ALSO NOT WITH US.

SO TWO COUNCIL MEMBERS ABSENT ON THE BOAT ON THOSE TWO ITEMS. UH, KIMBERLY, I THINK I SAW YOU POP IN AS MCNEELY.

YEAH.

THANK YOU.

[7. Authorize negotiation and execution of a construction manager at risk agreement with Bartlett Cocke General Contractors, LLC for preconstruction and construction services for the Dougherty Arts Center Facility Replacement project in an amount not to exceed $20,000,000. [Note: This contract will be awarded in compliance with City Code Chapter 2-9A (Minority Owned and Women Owned Business Enterprise Procurement Program) by meeting the goals 12.07% MBE and 5.62% WBE participation.] Strategic Outcome(s): Culture and Lifelong Learning District(s): District 5]

I HAVE SOME QUESTIONS WITH RESPECT TO ITEM NUMBER SEVEN, BEFORE WE TAKE A VOTE ON IT.

THIS IS THE DOOR TO THE ART CENTER.

UM, WHEN THIS CAME BEFORE US, BEFORE WE HAD, UM, UH, THE COUNCIL ADDED A ANONYMOUSLY AND AMENDMENT, WHICH SPOKE TO A COUPLE OF OTHER ISSUES THAT RELATED TO EXPANDING PERHAPS THE, THE BUYING POWER OF THE BOND PROGRAMS THAT WE HAD.

AND AS WE GO FORWARD, I JUST WANT TO MAKE SURE SIMILAR TO, TO THAT AMENDMENT THAT WAS RAISED, UH, UH, BEFORE THAT WE'RE GOING TO BE DOING THAT.

WE ARE IN FACT DOING THOSE THINGS, UH, AND SPECIFICALLY THE DOHERTY ART CENTER.

AS I UNDERSTAND IT HAS FUNDING FOR BOTH THE 2012 BOND AND THE 2018 BOND FOR A TOTAL OF LIKE $27 MILLION NOW, 20,000,001 $7 MILLION IN THE EARLIER ONE.

UH, THAT'S GOING TO ENABLE US TO, UH, BUILD A NEW DOOR TO SIGNER AT THE PROPOSED, UH, LOCATION, AS WELL AS TEAR DOWN THE BUILDING AND REMEDIATE THAT SITE ON THAT WORD CURRENTLY EXISTS.

AND WE WANTED TO MAKE SURE THAT THE CITY WAS, UM, UM, REACHING OUT TO PHILANTHROPISTS, UH, THE PEOPLE LIKE THE, THE FRIENDS OF THE DOHERTY ART CENTER AND THE COMMUNITY TO SEE WHETHER OR NOT THERE WOULD BE ADDITIONAL FUNDING THAT COULD BE OBTAINED PHILANTHROPICALLY SO THAT WE WOULDN'T BE JUST LIMITED TO A PROJECT THAT FIT WITHIN THE, THE, THE BOND FUNDING THAT WE, THAT WE HAD IN CASE THERE WERE ADDITIONAL THINGS THAT COULD HAPPEN ALSO EXPLORING OPTIONS WITH RESPECT TO THE PARKING GARAGE.

UM, MAYBE THERE ARE WAYS FOR US TO DO A PARKING GARAGE THAT WE DON'T HAVE TO PAY FOR, UH, BY TAKING A LOOK AT, UH, UH, SHARED PARKING WITH NEIGHBORS AND PROPERTY OWNERS, PARKING ENTERPRISE, OR REVENUE BASED FINANCING, UM, INCLUDING UNDERGROUND PARKING, ALSO TRANSPORTATION DEMAND MANAGEMENT STRATEGIES FOR THE AREA, AGAIN, WITH AN EYE TO ENABLING US TO USE MORE OF THE BOND FUNDING FOR THE SPACES, UM, IN BUILDINGS THAT CAN BE, UH, CAN BE, UH, UH, POSSIBLY PROGRAM.

AND THEN WE WANTED TO MAKE SURE THAT THE DESIGNS THAT WERE COMING BACK WERE DESIGNS THAT WERE SUSCEPTIBLE OF BEING EXPANDED.

SO IT'S POSSIBLE THAT YOU WOULD COME BACK IN THE SPRING AND SAY, HEY, WE HAD A $5 MILLION GIFT.

AND NOW WE PLAN TO BUILDING THAT ALSO INCORPORATES HIS $5 MILLION GIFT.

UH, SO IT'S, IT'S A, IT'S A, WE CAN, WE CAN DO MORE IN THAT SPACE, UH, BUT THE DESIGNS WOULD ALSO COME BACK AND, UH, ALLOW FOR THE FUTURE EXPANSION OF THE CREATIVE SPACE FACILITY.

UM, SO THAT, THAT OPTION WOULD EXIST INTO THE FUTURE.

AND I GUESS MY QUESTION IS, ARE YOU ALREADY DOING THESE THINGS OR ARE THESE THINGS THAT, THAT, THAT YOU WILL BE DOING AS WE HEAD INTO THE SPRING IF WE PASS THIS? SO THEY MAKE ME A LEAD DIRECTOR FOR THE PARKS AND RECREATION DEPARTMENT.

THE ANSWER, THE SIMPLE ANSWER IS YES, THERE ARE DOING THOSE THINGS.

I BELIEVE THAT IN READING THE MOTION SHEET, IT PROVIDES A DISTINCT CLARITY AND EXPECTATIONS, UH, THAT WILL

[00:20:01]

ALLOW THE DEPARTMENT TO ENSURE THAT WHAT WE BRING BACK FOR CONSIDERATION, UH, WILL, WILL MEET THE EXPECTATIONS THAT THE COUNCIL HAS LAID OUT FOR US.

AND SO I SEE THAT AS A, UM, AS ADDITIONAL DIRECTION THAT JUST PROVIDES CLARITY TO THE THINGS THAT WE WERE DOING, UM, JUST TO BE SURE THAT WE ARE ON THE SAME PAGE WITH REGARDS TO THE, UH, PHILANTHROPIC ARM.

UM, THE PARKS AND RECREATION DEPARTMENT IS, IS NOT AS FAR A LONG, UH, WITH REGARDS TO IDENTIFYING PHILANTHROPIC OPPORTUNITIES OTHER THAN, UM, ONE PARTICULAR ENTITY.

SO, UM, GIVING US THIS DIRECTION ALLOWS US TO HAVE SOME MORE CONCENTRATED EFFORTS IN THAT AREA.

OKAY.

SO WHAT, UM, UH, UH, UH, DIRECTOR MCNEELY IS REFERRING IS, UM, UH, WE HAD WRITTEN THIS UP BY WAY OF DIRECTION THAT I'D LIKE TO, TO READ, UH, TO YOU, AND THEN WE'LL GIVE YOU A CHANCE TO BE ABLE TO, YEAH, MAYOR, I HAVE QUESTIONS TOO.

I SAID, I'M NOT, I'M JUST GONNA READ THIS AND THEN WE'RE GOING TO GIVE YOU A CHANCE TO COMMENT ON, AND IF YOU HAVE OTHER QUESTIONS, YOU CAN CERTAINLY DO THAT TOO.

I DIDN'T MEAN TO, IF I MAKE IT BY WAY OF QUESTIONS NOW, PLEASE LET ME READ IT FIRST SO THAT PEOPLE CAN SEE WHAT IT WAS THAT WE WERE DOING.

YES, BUT MY QUESTION IS, WELL, ANYWAY, GO AHEAD.

THANK YOU.

OKAY.

UM, I WOULD PROPOSE THE FOLLOWING DIRECTION, AND THIS IS WHAT A DIRECT MCNELLIE'S REACTING TO THAT THE CITY MANAGER WAS DIRECTED AS PART OF THE CITY'S DEVELOPMENT OF DESIGNS FOR THE DARDY ARTS CENTER.

ONE TO PRECLUDE FUTURE PHASES THAT OFFER THE OPPORTUNITY FOR EXPANDED CREATIVE SPACE FACILITIES AND ALL DESIGN ALTERNATIVES TO INCLUDE ALTERNATIVES, TO PARKS, BOND FUNDING FOR PARKING FACILITIES, BY EXPLORING, BUT NOT LIMITED TO THE FOLLOWING SHARED PARKING WITH NEIGHBORHOOD DEVELOPMENTS AND PROPERTY OWNERS, PARKING ENTERPRISE, OR REVENUE BASED FINANCING, INCLUDING UNDERGROUND PARKING, TRANSPORTATION, DEMAND MANAGEMENT STRATEGIES FOR THE AREA.

AND THEN NUMBER THREE, ACTIVELY ENGAGED STAKEHOLDERS WHO'VE EXPRESSED, OR MAY HAVE A PHILANTHROPIC INTEREST IN THIS PROJECT AND PROVIDE A FRAMEWORK FOR CONTRIBUTING TO THE NEW CENTER.

UM, AND, AND WITH THAT LANGUAGE, THE, THE INTENT WOULD BE TO, TO MAKE SURE THAT WE'RE MAXIMIZING THE FUNDING THAT WE HAVE, AS WELL AS INCORPORATING INTO THE DESIGNS, ANY PHILANTHROPIC SUPPORT THAT WE WOULD, WE WOULD BE GETTING.

AND THAT WAS THE LANGUAGE JUST TO MAKE THE IDEA THAT YOU WERE REACTING TO.

OKAY.

AND DID YOU WANT TO COMMENT OR ASK QUESTIONS? YEAH, I HAVE SEVERAL QUESTIONS.

SORRY ABOUT THE LAST CLAUSE, UH, DIRECTOR MCNEILLY THAT SAYS AND PROVIDE A FRAMEWORK FOR CONTRIBUTING TO EITHER THE NEW CENTER OR THE PARKLAND REPLACEMENT OF THE CURRENT SITE.

SO MY QUESTION, MY QUESTION IS FOR DIRECTOR MCNAIR, THAT'S NOT WHAT I READ.

OKAY.

SO IN RESPONSE TO YOUR CONCERN EARLIER, TOOK OUT THE WORD EITHER AND ALSO TOOK OUT OR THE PARKLAND REPLACEMENT OF THE CURRENT SITE.

SO JUST READS INTEREST IN THIS PROJECT TO PROVIDE A FRAMEWORK FOR CONTRIBUTING TO THIS.

OKAY.

SO LET ME ASK MY QUESTIONS AND PROVIDE A FRAMEWORK FOR CONTRIBUTING TO THE NEW TERM.

SO I JUST WANT TO CONFIRM DIRECTOR MCNEELY THAT, THAT LAST CLAUSE AS CHANGED IS NOT.

UM, DO YOU READ THAT AS DOING ANYTHING DIFFERENTLY THAN YOU'RE ALREADY PURSUING? I DO NOT READ IT AS ANYTHING DIFFERENTLY THAN AS TO UNDERSTANDING THE IMPORTANCE OF SUING, UM, ALTERNATIVE FUNDING OPTIONS, YOU NOT INCLUSIVE AND NOT LIMITED TO A PHILANTHROPIC ARM AND OTHER OPPORTUNITIES.

AND SO THERE WAS THOSE AS ADDITIONAL DIRECTION THAT IS PROVIDING SOME CLARITY AND IT'S SOMETHING THAT, UM, THAT I'M UNDERSTANDING TO BE, UM, HELPFUL TO, UM, EXPAND ALREADY EXISTING STAFF TO BUILD UPON, TO PERHAPS MEET MORE OF THE NEEDS OF THE TEAM.

UH, THERE'S A COUPLE OF THINGS THAT I'D LIKE TO CLARIFY.

SO FIRST THING IS THAT, UH, AND I WANT TO CLARIFY THIS BECAUSE, YOU KNOW, THIS IS, I DON'T WANT THE, THE CONSTITUENTS IN THE AREA TO THINK THAT WE ARE, THEY HAVEN'T HAD THE CHANCE TO, TO SEE THIS, AND I HAVEN'T HAD THE CHANCE TO TELL HIM ABOUT IT.

SO I WANT TO MAKE SURE THAT THEY UNDERSTAND THAT IT'S NOT ANYTHING DIFFERENT THAN WHAT WE'VE TALKED ABOUT PREVIOUSLY AND THE LANGUAGE WE BROUGHT TO YOU PREVIOUSLY.

SO, UM, SO THAT'S WHY I WANT TO CONFIRM WITH YOU DIRECTOR RE THAT THIS IS NOT CHANGING THE DIRECTION THAT YOU'RE ON OR EXPANDING IT.

AND SO COULD YOU JUST CONFIRM THAT FOR ME? YES.

[00:25:01]

MA'AM I SEE IT AS FURTHER CLARIFICATION.

OKAY.

UM, AND THEN I ALSO, THE USE OF THE WORD EXPANDED IS SOMETHING THAT YOU AND I HAVE TALKED ABOUT, DIRECTOR MCNEELY, AS WELL AS YOU HAVE TALKED TO THE NEIGHBORS LIVING IN THAT AREA, THE IDEA IS TO FREE UP AS MUCH GREEN SPACE AS POSSIBLE AROUND THERE.

AND SO THIS DIRECTION IS NOT INTENDED TO, UM, TO USE UP THE PARK SPACE WITH MORE BUILDINGS.

AND THAT'S THE, WHEN WE TALKED ABOUT THIS DIRECTION BEFORE, THAT'S WHAT WE CLARIFIED.

SO I JUST WANT TO MAKE SURE THAT THAT'S, THAT EVEN THOUGH THIS USES THE TERM EXPANDED, WE'RE NOT CHANGING THE INTENT AND WE'RE NOT TALKING ABOUT USING UP MORE GREEN SPACE.

AND THAT THE INTENT IS TO USE AS MUCH FREE UP AS MUCH GREEN SPACE WHILE STILL, UM, UH, BUILDING OUT THE WHILE, STILL PROVIDING SPACE FOR THE DECK THERE.

SO AM I UNDERSTOOD THAT CORRECTLY? I'VE JUST MADE A NOTE AS TO THAT PATIENT, AND YES, WE CAN, YOU KNOW, THERE'S AN OPPORTUNITY TO EXPAND TO DOESN'T NECESSARILY HAVE TO BE TAKING UP MORE PARK SPACE.

THEY CAN BE IN A VERTICAL, IN A VERTICAL WAY.

SO YES, I UNDERSTAND THAT DIRECTION.

OKAY.

AND THEN MY LAST QUESTION IS I WE'VE BEEN WORKING ON THIS WITH YOU AND WE APPRECIATE THE ABILITY TO WORK WITH YOU ON IT.

SO CAN YOU JUST, UH, WHERE ARE MY UNDERSTANDING IS THAT YOU'RE WORKING ON A NUMBER OF SCENARIOS AND YOU'LL BE WORKING WITH THE COMMUNITY ON THOSE SCENARIOS AND THAT, THAT WILL BE BROUGHT THE DUKES ANTICIPATE IN THE SPRING SOMETIME THAT THOSE SCENARIOS WILL BE READY TO BRIEF BRIEF THE COUNCIL ON AND BRING BACK AND HAVE A CONVERSATION ABOUT IS THAT DID SAY THAT RIGHT ABOUT THE PATH THAT YOU ALL ARE ON.

YES, MA'AM.

WE WOULD, WE WOULD WANT TO BRING FORWARD.

YOU YOU'VE ASKED US FOR THREE PRETTY DISTINCT DIFFERENT THINGS.

WE'D LIKE TO BRING FORWARD A RECOMMENDATION FOR A DESIGN WITH THESE IN CLASS, BUT MAKE SURE THAT THE COUNCIL, UH, ALL OF THE SCHEMATIC DRAWINGS SO THAT THERE COULD BE A COMPREHENSIVE DECISION MADE AND YES, THE SPRING IS OUR INTENTION OR GOAL.

OKAY.

AND THEN FINALLY, UM, I KNOW YOU'VE BEEN WORKING ON THIS AND I APPRECIATE IT.

UM, SO JUST WANT TO CLARIFY WITH FOLKS, UH, ON THE, THE SHARED PARKING, THE CONCEPT THERE WAS TO DO, TO DO WHAT WAS POSSIBLE IN TERMS OF NOT USING UP SPACE FOR, YOU KNOW, FOR PARKING GARAGE.

UM, AND, UM, AND ALSO JUST TO BEAR IN MIND THE CONCERNS THAT, THAT EXIST FOR TRAFFIC ON TO ME AND CONSIDER, UM, ALTERNATIVES TO THAT.

SO I KNOW YOU ALL HAVE BUILT THAT INTO YOUR PROCESS, UM, AND THAT'S BEEN A MAJOR CONCERN FOR THE NEIGHBORS LIVING AROUND THERE.

AND I JUST WANT TO MAKE SURE THAT JUST WANT TO CONFIRM WITH YOU THAT, THAT, THAT IS PART OF WHAT YOU ALL ARE CONSIDERING.

YES, MA'AM AND THAT WAS PART OF THE ORIGINAL DIRECTION.

SO IT'S DIFFERENT THAN THE ORIGINAL DIRECTION.

OKAY.

THANK YOU.

OKAY.

ANY OBJECTION TO THE, UM, YES.

CASPAR ALTAR, SOME OF YOUR, I'M NOT SURE THAT I'VE SEEN THAT AT LEAST REREAD IT, UM, SO THAT WE KNOW WHAT WE'RE VOTING ON.

YES.

UH, AND, UH, WHAT IT SAYS IS MOST OF THE ITEMS SEVEN, I THINK IT'S ACTUALLY ITEM EIGHT, MAYBE ITEM SEVEN, ITEM SEVEN, BUT THE FOLLOWING DIRECTION, UH, CONSISTENT WITH THE PRIOR, WITH THE PRIOR DIRECTION.

UH, AND IT MAKES REFERENCE TO THE EARLIER DIRECTION THAT WE HAD GIVEN THE COUNCIL, BUT STAFF UNANIMOUSLY, WHAT THIS SAYS IS THE CITY MANAGER IS DIRECTED AS PART OF THE CITY'S DEVELOPMENT OF DESIGNS FOR THE DARDY ARTS CENTER TO INCLUDE FUTURE PHASES THAT OFFER THE OPPORTUNITY FOR EXPANDED CREATIVE SPACE FACILITIES AND ALL DESIGN ALTERNATIVES TO, TO INCLUDE ALTERNATIVES, TO PARKS, BOND FUNDING FOR PARKING FACILITIES, BY EXPLORING, BUT NOT LIMITED TO THE FOLLOWING SHARED PARKING WITH NEIGHBORHOOD, DEVELOP NEIGHBORING DEVELOPMENTS AND PROPERTY ALBERT'S PARKING ENTERPRISE, OR REVENUE BASED FINANCING, INCLUDING UNDERGROUND PARKING, TRANSPORTATION, DEMAND MANAGEMENT STRATEGIES FOR THE AREA.

AND THEN THE THIRD BULLET POINT IS ACTIVELY ENGAGED STAKEHOLDERS WHO HAVE EXPRESSED, OR MAY HAVE A PHILANTHROPIC INTEREST IN THIS PROJECT AND PROVIDE A FRAMEWORK FOR CONTRIBUTING TO THE NEW CENTER.

THOSE THINGS ARE CONSISTENT WITH THE THINGS THAT A VERY SIMILAR KIND OF DIRECTION THAT WE GAVE BACK ON MAY 9TH, UH, WHEN THIS WAS RAISED BEFORE.

UH, AND I THINK THAT THERE MAY BE ADDITIONAL STAKEHOLDERS, THE, THE, THE FRIENDS OF THE DIRTY ART CENTER AND OTHERS THAT WOULD LIKE PERHAPS A GREATER OPPORTUNITY TO BE ABLE TO PARTICIPATE, UH, AND, AND HELP ASSIST IN THE PROJECT.

GO AHEAD.

SO I WANTED TO CLARIFY, UM,

[00:30:01]

DOES THE LANGUAGE INCLUDE THAT IS PRIOR DIRECTION? IS THAT PART OF THE DIRECTION, OR IS THAT SOMETHING YOU JUST ADDED AS YOU SPOKE? I KNOW IT SAYS APPROVE ITEM SEVEN DIRECTION PRIOR DIRECTION.

OH, ONE NINE OH FIVE OH NINE DASH OH, WHICH WAS THE PRODUCT RESOLUTION.

OKAY.

SO IT'S NOT EXACTLY VERBATIM, BUT YOU SAID AT THE BEGINNING, I JUST WANNA MAKE SURE I UNDERSTAND WHAT PROMOTING ON.

CAUSE IT, WHAT I READ IT IS VERBATIM TO WHAT I READ BEFORE FIRST LINE UP.

IT SAYS WHAT I JUST READ TO YOU.

YES, THAT'S CORRECT.

WHEN I SAID, I EXPLAINED RATHER THAN SAYING TWO OH ONE NINE OH FIVE OH NINE DASH OH EIGHT.

I DESCRIBED WHAT THAT WAS, BUT THE, THE, THE MOTION, TELL ME THAT FIRST SENTENCE, WHAT IT ACTUALLY SAYS, PUSH INTO APPROVE ITEM SEVEN WITH THE FOLLOWING DIRECTION CONSISTENT WITH PRIOR DIRECTION ON TWO OH ONE, NINE OH FIVE OH NINE DASH OH EIGHT.

OKAY.

SO, SO I AM COMFORTABLE, YOU KNOW, WITH ENCOURAGING CONVERSATIONS, UM, WITH PHILANTHROPY AND SEEING IF THERE'S INNOVATIONS THAT MAKE SENSE FOR THE PARKING OR SOME KINDS OF COLLABORATIONS.

I'M A LITTLE BIT UNCOMFORTABLE WITH THE CITY TAKING ON DESIGNING WHAT, WITHOUT THE OTHER PARTY HAVING EXPRESSED THAT THEY WANT TO DO IT, OR HAVING AN IDEA OF WHAT THAT IS BECAUSE THE DESIGN COSTS A LOT OF MONEY.

AND I'M JUST, IT SEEMS TO BE PUTTING THE CART BEFORE THE HORSE.

AND WE ONLY HAVE SO MUCH FUNDING THAT, THAT, AND THAT FUNDING COULD BE USED FOR OTHER PARTS OF THE PROJECT.

UM, SO AGAIN, I'M NOT, I I'M, I'M TOTALLY FINE IF WE HAVE A PARTNER THAT I'M NOT AWARE OF, THAT WANTS TO MOVE FORWARD, THAT WE NEED TO BE, CO-CREATING SOMETHING BETTER.

I'M TOTALLY FINE WITH THAT.

BUT JUST TO PROVIDE DIRECTION THAT THEY HAVE TO COME UP WITH THESE OTHER ALTERNATIVES WITHOUT A VIABLE PARTNER, I WOULD BE UNCOMFORTABLE WITH.

AND AGAIN, I HAVEN'T BEEN PART OF THE CON, I DON'T KNOW WHETHER THAT'S THERE.

UM, BUT I THINK IT'S ONE THING TO BE OPEN TO THE CONVERSATIONS AND THE PARTNERSHIPS, AND TO SEEK THOSE OUT.

IT'S ANOTHER THING TO BE PUTTING MONEY INTO DESIGN OF SOMETHING WITHOUT A CLEAR PARTNER, UM, IN MIND.

AND SO HELP ME UNDERSTAND THE BALANCE THAT YOU'RE LOOKING FOR, BECAUSE SO MUCH OF SAYING THAT YOU HAVE TO HAVE DESIGN ALTERNATIVES IMPLIES THAT THE CITY IS PAYING FOR THE DESIGN.

THAT COULD BE MORE EXPANSIVE WITHOUT HAVING A PARTNER NECESSARILY IDENTIFIED ON A PROCESS.

MOVING.

I THINK THE ANSWER IS NOT TO HAVE, UH, THE, THE PARKS DEPARTMENT HAVING TO DESIGN FOR STUFF THAT, AND SPENDING SIGNIFICANT SOUNDS TO DESIGN SOMETHING THAT YOU DON'T HAVE THE CAPACITY TO BE ABLE TO DO.

UH, WHAT THE, THE INTENT WAS WAS TO SAY, IF YOU HAVE PEOPLE THERE ONE, BUT IT TALKS ABOUT DESIGN ALTERNATIVES.

IT'S TALKING ABOUT THE DESIGN ALTERNATIVES THAT THE PARKS DEPARTMENT HAS ALREADY SAID, THEY'RE BRINGING BACK.

I THINK THEY SAID THEY WERE GOING TO BRING BACK THREE DIFFERENT ALTERNATIVES.

AND THE GOAL HERE IS TO MAKE SURE THAT WHATEVER ALTERNATIVES COME BACK ARE ALTERNATIVES, THAT THOSE DESIGNS HAVE BEEN DESIGNED WITH AN EYE TO BEING ABLE TO BE EXPANDED.

I'M NOT SUGGESTING THAT THEY HAVE TO GO THROUGH THE SAME KIND OF DETAIL WITH FUTURE EXPANSIONS THAT THEY DO WITH THE DESIGN FOR WHAT IT IS THAT'S GOING TO BE BUILT NOW.

BUT IT ALSO ALLOWS FOR THE POSSIBILITY THAT THE INITIAL DESIGN MIGHT BE ABLE TO INCLUDE MORE THAN THE $20 MILLION IN THE BOND PACKAGE.

IF THERE'S SOMEONE THAT STEPS FORWARD THAT SAYS, I'D LIKE TO GIVE YOU ANOTHER $5 MILLION, YOU KNOW, GO GO, YOU HAVE NOW $25 MILLION TO, TO DESIGN, BUT, BUT CLEARLY IT'S NOT THE INTENT COUNCILOR OF OUR ALTAR TO, TO HAVE THE STAFF DO THE SAME LEVEL OF DESIGN WORK FOR FUTURE PLANS THAT THERE'S NO FUNDING TO DO, BUT YOU CAN DESIGN BUILDINGS THAT ARE CAPABLE OF BEING EXPANDED, AND YOU CAN DESIGN BUILDINGS THAT COULD NOT BE EXPANDED WITHOUT INORDINATE COSTS.

AND THIS IS JUST ASKING FOR WHATEVER'S DESIGNED TO, TO BE ABLE TO BE, UH, SOMETHING THAT, UH, HAS THAT POSSIBILITY BUILT IN.

SO IT'S ABOUT, IT'S ABOUT CREATING THE POSSIBILITY THAT IN THE FUTURE, IT COULD BE EXPANDED, WHICH THE CITY MIGHT WANT TO DO 15 YEARS FROM NOW.

ANYWAY, IT'S NOT SAYING NECESSARILY THAT THAT HAS TO BE, YOU KNOW, ALL MAPPED OUT WITH ALL THE DESIGN AND ALL OF THE OTHER PIECES.

IS THAT YEAH, I THINK, I THINK, I THINK IT, YES, THE ANSWER TO THAT IS YES, BUT IT ALSO INCLUDES IF SOMEONE STEPS FORWARD AND SAYS, I'LL GIVE YOU ANOTHER $5 MILLION, YOU DON'T HAVE TO BE LIMITED TO BUILDING A $20 MILLION FACILITY.

YOU CAN DESIGN TO A TWENTY-FIVE MILLION DOLLAR FACILITY.

RIGHT.

AND, AND, AND THAT PART I'M COMFORTABLE.

I HAVE NO

[00:35:01]

PROBLEM.

IF WE ACTUALLY HAVE A REAL PERSON OR ORGANIZATION, I HAVE NO ISSUE WITH THAT.

I JUST DON'T WANT TO BE WASTING MONEY ON DESIGN THAT WE HAVE NO PROSPECT OF GETTING DONE BEYOND SAYING, OKAY, HERE, YOU COULD BUILD A LITTLE BIT MORE 15 YEARS FROM NOW, IF YOU WANTED TO EXPAND IT.

YEAH, I AGREE.

I AGREE WITH THAT.

A HUNDRED PERCENT FURTHER CALMING COUNSELOR.

COOL.

I ALSO AM A LITTLE BIT UNCOMFORTABLE WITH, UM, A COUPLE OF THINGS HERE.

UH, ONE MAYOR COULD PLEASE POST YOUR HANDS UP TO THE MESSAGE BOARD SO EVERYBODY CAN SEE IT.

AND I DON'T THINK THAT THE COUNCIL MEMBER HAD AN OPPORTUNITY TO REVISIT GRANTS AND THE SIMILAR TO WHAT HAS BEEN HAPPENING ON SOME OTHER ISSUES LATELY MAKES ME UNCOMFORTABLE.

I AM CONCERNED ABOUT IS THE PRIVATIZING OF OUR CIVIC ASSETS.

UM, I SEE, UH, UH, A CLEAR MOVEMENT IN THE PUBLIC PRIVATE PARTNERSHIP SPACE WHERE THE CITY OF AUSTIN ENDS UP INVITING, UH, PRIVATE ENTITIES AND TO HELP US FUND CIVIC ASSETS, WHICH IN AND OF ITSELF ISN'T NECESSARILY A BAD THING.

BUT THEN WE END UP ALSO HAVING TO FIGHT FOR THE PUBLIC ACCESS TO THAT CIVIC ACCESS ASSET.

UM, UH, INSIGNIFICANT INSTANCE IS WHAT HAPPENED WITH THE PUBLIC SQUARE AND TRYING TO ENSURE THAT, UH, THE PUBLIC SQUARE AFTER, UM, IT WAS, UH, HELPED ALONG BY, UM, DOWNTOWN GROUPS.

UH, WE HAD TO, AND I THINK IT WAS, UM, TRYING TO ENSURE THAT THERE WERE, UM, VERY FEW DATES, UH, WHICH THE PUBLIC WOULD BE EXCLUDED FROM RECITE AND WHICH WE WOULD HAVE, UM, UH, PRIVATE PARTIES, FOR EXAMPLE.

SO THE PRIVATIZATION OF CIVIC ASSETS, I SEE US MOVING IN THAT DIRECTION.

I REALLY WANT TO FLAG THAT BECAUSE I THINK IF THAT IS A WAY THAT YOU MOVE MORE EXPEDITIOUSLY, IF THAT, UM, MOVEMENT FORWARD ACCELERATES, WE REALLY NEED TO BE AWARE, UM, FROM A PUBLIC POLICY PERSPECTIVE, WHAT THOSE IMPACTS ARE, UM, NOW DIRECTLY TO, UH, THE ACTUAL, UH, AMENDMENT THAT, UM, THE MAYOR HAS BROUGHT TO US, UM, THIS MORNING, WITHOUT US HAVING ANY CHANCE TO REVIEW, I WOULD LIKE TO GET, UM, I WOULD LIKE THE DIRECTOR TO DIRECTOR MCNEELY ALSO TO LOOK AT THE POTENTIAL FOR THE IMPACT ON OUR STAFFING, TO THE EXTENT THAT WE WOULD POTENTIALLY HAVE VARIOUS PARKING LOTS WITH AN ARRAY OF DIFFERENT ENTITIES IN THIS FACILITY, HOW MUCH TIME AND RESOURCES WOULD BE NECESSARY IN ORDER TO TRACK TO CRAFT THOSE AGREEMENTS AND THEN TO MONITOR AND TRACK THEM AND ENSURE THAT THEY ARE IN FACT, UM, A BENEFIT TO THE PUBLIC.

UH, AND THEN THAT ALSO GOES WITH, ON ANY MOVEMENT, UH, WITH REGARD TO SUPPORT FROM PHILANTHROPIC GROUPS, UH, THESE GET PRETTY DARN COMPLICATED.

AND SO WE NEED TO BE AWARE, WE MAY NEED TO EXPAND AND POTENTIALLY THIS IS SOMETHING ECONOMIC DEVELOPMENT, UM, UH, THE EDC, THE PREPARATION THAT WE ARE CRAFTING, BUT IF WE ARE MOVING MORE SPECIFICALLY INTO THIS SPACE WITH THE SHARING OF SIX SITES, BY PRIVATE CONCERNS, WE NEED TO HAVE POLICIES IN PLACE THAT, UH, PROVIDE PREDICTABILITY AND TRANSPARENCY SO THAT THE PUBLIC UNDERSTANDS WHAT PORTIONS OF THESE CIVIC ASSETS WILL LONGER BE AVAILABLE TO THEM, UM, ON ANY GIVEN DAY, ANY GIVEN TIME.

SO, UH, THE SPECIFIC ASK IS FOR A PART THAT IS TO COME BACK WITH OR TO CONSIDER, UH, WHAT THE, UM, VARIOUS POTENTIAL FOR STAFF IMPACTS THAT WOULD BE TIME AND RESOURCE.

SHOULD WE END UP, UM, HAVING A MORE COMPLICATED ROLE OUT OF THE DIRTY HEART CENTER, UM, REBUILD, THANKS.

KATIE HAS SENT TO EVERYBODY A COPY OF WHAT WE'RE LOOKING AT AND ALSO ALREADY POSTED IT BACK UP WAS THE AMENDMENT THAT WE UNANIMOUSLY ADOPTED AS A COUNCIL BACK IN MAY WITH DIRECTION TO STAFF.

AND THE WORDS THAT WE USED IN WHAT WE HAVE PREVIOUSLY UNANIMOUSLY ADOPTED IS THAT PRIOR TO ISSUING AN RFQ AND NEGOTIATING A DESIGN CONTRACT, THE CITY MANAGERS SHOULD CONSIDER ALTERNATIVES TO FUNDING FROM ANY GARAGE, FROM A PARKS BOND, UH, INCLUDING, BUT NOT LIMITED TO EXPLORING SHARED PARKING OPPORTUNITIES WITH NEIGHBORING DEVELOPMENTS, EXPLORING REVENUE, FINANCE, PARKING, INCLUDING UNDERGROUND PARKING AND EXPLORING TRANSPORTATION, DEMAND MANAGEMENT STRATEGIES FOR THE AREA.

THE LANGUAGE WE'RE TALKING ABOUT IS LANGUAGE WE'VE ALREADY GIVEN STAFF TO DIRECT.

YOU CAN TELL THAT HASN'T HAPPENED HERE.

SO THERE'S NOTHING NEW.

AND

[00:40:01]

THE INTENT WAS NOT TO LIMIT PUBLIC ACCESS TO ANY PUBLIC SPACES OF ANY KIND.

IT'S JUST TRYING TO, TO, TO MAKE OUR PARKS DOLLARS GO AS FAR AS THEY CAN GO AND TO TAKE ADVANTAGE OF PEOPLE ON A FACILITY LIKE THIS, UH, THAT THAT MAY BE CONTRIBUTING MORE TO CONTRIBUTE TO IT BECAUSE OF ITS MISSION.

THAT'S, THAT'S GREAT MARE, BUT THEN I DON'T UNDERSTAND WHAT IF IN FACT THAT LANGUAGE WAS ALREADY IN OUR RESOLUTION, THEN WHY ARE, WHAT IS, WHAT IS THE VALUE GAIN TO YOU TO YOUR AMENDMENT TODAY? BECAUSE IT DOESN'T SEEM TO BE HAPPENING.

IT DOESN'T SEEM TO BE HAPPENING COUNCIL MEMBER, KITCHEN.

UM, I THINK OUR MAYOR WITH ALL DUE RESPECT, MY UNDERSTANDING IS OUR PARTS STAFF HAS BEEN PROCEEDING WITH THE PREVIOUS AMENDMENT.

AND THE LANGUAGE THAT YOU'RE BRINGING IS NOT EXACTLY THE SAME AS WHAT WAS BROUGHT BEFORE.

SO I'D LIKE TO SUGGEST THAT, UM, ON YOUR FIRST LINE WHERE YOU SAY CONSISTENT WITH, I'D LIKE TO CHANGE THAT TOO, WHICH IS THE SAME AS I WANT TO BE CLEAR THAT THE INTENT IS WHAT YOU ARE SAYING TO US.

THE INTENT IS THE SAME AS WHAT WAS BROUGHT BEFORE.

SO I WOULD LIKE TO CHANGE CONSISTENT WITH TWO, WHICH IS THE SAME AS, SO DO YOU, UM, DO YOU ACCEPT THAT CHANGE? YES.

OKAY.

THEN MY NEXT QUESTION IS FOR, FOR LEGAL, I JUST WANT TO MAKE SURE THAT THIS DIRECTION OF FITS, BECAUSE THIS IS NOT A DESIGN CONTRACT.

WHAT IS IT IN FRONT OF US IS A PRE-CONSTRUCTION AND CONSTRUCTION CONTRACT.

SO I JUST WANT TO MAKE SURE THAT WHAT WE'RE DOING, UM, UH, FITS.

SO, SO, UM, UH, SO CAN YOU, UM, UM, AND CAN, CAN YOU TELL US THAT THIS IS APPROPRIATE, WHETHER THIS IS AN APPROPRIATE DIRECTION FOR THIS ITEM, WHICH IS A PRE-CONSTRUCTION AND CONSTRUCTION CONTRACT, NOT A DESIGN CONTRACT DESIGN CONTRACT, AS BILL HAD JUST HAD A DISCUSSION ABOUT THIS MUCH IN LINE WITH BACKUP.

AND SO I THINK IT'S CONSISTENT WITH WHAT, SORRY, I'M SORRY, IF YOU DON'T MIND, COULD YOU REPEAT THAT FOR THE RECORD? I HEAR THAT THE, THE DISCUSSION YOU'VE JUST HAD IS THAT THE LANGUAGE THAT THE MAYOR IS PROPOSING IS CONSISTENT WITH THE INFORMATION THAT'S ALREADY IN THE BACKPACK.

SO I THINK IT WOULD BE CONSISTENT WITH THAT.

OKAY.

AND IS THIS THE SAME AS WE JUST CHANGED IT TO THE SAME ELEMENTS? RIGHT.

THANK YOU.

I JUST WANT A CLARIFICATION THERE.

I THINK YOU CALLED ON ME.

UM, SO THIS IS A CONSTRUCTION MANAGER AT RISK, UM, CONTRACT, AND SO IT'S, IT'S SLIGHTLY DIFFERENT.

UM, AND IT DOESN'T USUALLY THAT DOES INCLUDE DESIGN, I BELIEVE.

UM, I JUST WANTED TO CLARIFY FOR THE RECORD, UH, UNDERSTAND WHAT WAS BEING PROPOSED.

UM, IF THERE IS A, UH, A PHILANTHROPIC OWNER THAT IS INTERESTED IN HELPING US TO DO MORE WITH THIS FACILITY AND TO BE VERY CLEAR THAT THAT WOULD BE VERY WELCOMED.

THE ARTS ARE REALLY IMPORTANT TO OUR COMMUNITY, AND WE HAVE AN OPPORTUNITY TO DO MORE THAN WE CAN WITH THE BOND, UM, THAT THIS CONVERSATION IS MORE TO UNDERSTAND WHAT IS BEING PROPOSED AND HOW IT ALTERS THINGS THAN, THAN ANYTHING ELSE.

UM, AND THAT WE WOULD VERY MUCH WELCOME THE PARTICIPATION AND WHILE WE DO NEED AND DO HAVE GUARDRAILS FOR, UM, PHILANTHROPIC, PHILANTHROPIC, UH, PARTICIPATION IN SUPPORTING OUR PARKS, UM, THE VARIOUS CONSERVATIVES PEOPLE WHO STEP UP EVERY SINGLE DAY TO HELP US DO MORE IN OUR COMMUNITY FOR OUR PARKS ARE REALLY IMPORTANT FOR OUR ABILITY TO DELIVER, UM, IMPROVED QUALITY OF LIFE.

AND THAT WOULD BE THE CASE IN THIS SITUATION AS WELL.

AND TO THAT END, I JUST REPEAT, I THINK, I THINK PART'S DOING A GREAT JOB ON THIS PROJECT, AND I THINK BY THIS ACTION, AND BY ADDING THIS, WE MAY BE ELEVATING THE OPPORTUNITY FOR PEOPLE IN THE PUBLIC TO BE ABLE TO STEP FORWARD, TO BE ABLE TO HELP US HERE AND PROVIDE US ADDITIONAL, UH, OPTIONS AND CAPABILITIES.

UH, AND, AND I HOPE THAT BY, BY ELEVATING THIS ISSUE, UH, WE, WE, WE HELP ENCOURAGE PEOPLE TO, TO STEP FORWARD AND BE PART OF THIS PROJECT.

AND, UM, UH, YES.

UM, I DO NOT, I DON'T WANT TO SET, UM, YOU KNOW, SET

[00:45:01]

SOME UNREALISTIC EXPECTATIONS HERE THOUGH.

UM, BECAUSE WE'VE BEEN USING THE WORD EXPANDED, UM, THIS IS ON SENSITIVE PARKLAND.

AND SO JUST TO SET IT IN THE CONTEXT SO THAT PEOPLE ARE NOT EXPECTING THAT THIS, THAT WE ARE SAYING AS A COUNCIL, THAT YOU CAN, UH, USE MORE PARK SPACE OR THAT YOU CAN PUT IT AT WHATEVER HEIGHT.

SO I THINK THAT THAT'S JUST IMPORTANT THAT, YOU KNOW, WILL BE WHEN WE SEE THE COME BACK TO US IN THE SPRING, WE CAN HAVE THOSE CONVERSATIONS, BUT I DON'T WANT TO SET UNREALISTIC EXPECTATIONS.

I ASSURE YOU, THERE'S NOTHING NEFARIOUS IN THIS AMENDMENT, NOR AM I SUGGESTING THAT WE'RE MAKING ANY DESIGN DECISIONS HERE, INCREASE AND EXPAND THE REACH OF OUR DOLLARS.

I WASN'T SUGGESTING THAT MAYOR I'M SPEAKING TO THE PUBLIC BECAUSE MY CONSTITUENTS HAVE NOT HAD A CHANCE TO SEE THIS.

AND SO I JUST WANT TO MAKE SURE THAT IT'S UNDERSTOOD.

WE'RE NOT MAKING ANY DESIGN DECISIONS TODAY.

ABSOLUTELY TRUE.

ANY FURTHER CONVERSATION, ANYBODY, ANY OBJECTION TO THIS DIRECTION BEING ADDED, HEARING ON THE OBJECTIONS ADDED, IS THERE A MOTION TO APPROVE THIS ITEM NUMBERS? COUNCIL MEMBER RENTER RHEA MAKES THE MOTIONS ARE SECOND TO THE MOTION.

COUNCIL MEMBER, ALTER SECONDS, THE MOTION AND THE DISCUSSION.

THOSE IN FAVOR, PLEASE RAISE YOUR HAND.

THOSE OPPOSED GENETICISTS ON THE DIET MAYOR.

I DID NOT RAISE MY HAND.

I'M GOING TO LISTEN TO THAT COMES FROM KITCHEN.

I'M GOING TO EXTEND AT THIS POINT, JUST BECAUSE I HAVEN'T HAD THE CHANCE TO REVIEW AND HAVE A CONVERSATION WITH MY CONSTITUENTS ABOUT THIS DIRECTION AND MAYOR.

YES.

UM, I'M GOING TO ABSTAIN RESPECT FOR COUNCIL MEMBER KITCHEN AND A WEIGHT ON HER SIGNAL BACK AFTER SHE'S HAD AN OPPORTUNITY TO TALK WITH HER CONSTITUENTS THAT ARE MOST DIRECTLY AFFECTED BY THE CHANGES.

THANKS.

I'M SORRY.

WHERE ARE WE MOTIONING FOR THE WHOLE THING OR JUST FOR YOUR DIRECTION? CAUSE I THOUGHT YOUR DIRECTION WAS, IT WAS ACCEPTED.

THE DIRECTION WAS ACCEPTED.

WE'RE VOTING ON THE WHOLE THING.

OKAY.

THAT'S FINE.

I JUST, I JUST WANTED TO MAKE SURE.

YES.

AND THE VOTE IS EIGHT IN FAVOR WITH TWO ABSTENTIONS AND WITH COUNCIL MEMBER HARPER, MADISON OFF THE DYESS, THIS ITEM SEVEN WITH THE DIRECTION PASSES.

UM, WE'VE NOW HANDLED, UH, THOSE TWO ITEMS, 28 AND 29.

I THINK WE CAN HANDLE ITEMS 30 AND 31 OR 31.

I THINK WE NEED TO PROBABLY HOLD TILL SIX O'CLOCK TO TAKE UP WITH THE, UH, UH, THE SAME TIME WE HAVE THE SPECIAL CALL MEETING.

I DON'T KNOW WHAT PEOPLE'S DRUTHERS ARE ON THAT,

[30. Conduct a public hearing related to an application by The Residences at Howard Lane Ltd., or anaffiliated entity, for housing tax credits for a multi-family development that will be financed throughthe private activity bond program to be known as The Residences at Howard Lane, located at ornear the Northwest Corner and Southwest side of Howard Lane and Harris Branch Parkway andidentified by Travis County Appraisal District ID’s 755103 and 814420, within the City and theCity’s extraterritorial jurisdiction; and consider a resolution related to the proposed development,the application, and the allocation of housing tax credits and private activity bonds.]

BUT WE CAN HANDLE ITEM NUMBER 30, UH, AT THIS POINT, WHICH IS THE AFFORDABLE HOUSING.

THE RESIDENCE IS AT, UH, HOWARD LANE IS A MOTION WITH RESPECT TO, UH, ITEM NUMBER 30.

YES.

COUNCIL MEMBER IN 30.

YEAH.

I MOVED THAT.

WE GOT TO REMEMBER RENT THE REMOVES PASSAGE OF ITEM NUMBER 30 AND CLOSED THE PUBLIC HEARING, UH, COUNCIL MEMBER, POOL SECONDS.

ANY DISCUSSION THOSE IN FAVOR OF ITEM, NUMBER 30, PLEASE RAISE YOUR HAND.

THOSE OPPOSED.

IT LOOKS LIKE EVERYBODY'S VOTING.

AYE.

ON NUMBER 30 WITH THE EXCEPTION OF HARPER MADISON'S OFF THE DYESS.

MR. FLANAGAN, YOU LOOK RIGHT.

I DON'T KNOW.

YOU'RE OKAY WITH US TAKING THIS UP.

OKAY.

UH, THAT VOTE IS, AS I ANNOUNCED IT, THAT ITEM, UH, PASSES.

UM, WHAT

[44. Approve the Office of the City Auditor’s proposed Audit Plan for Fiscal Year 2021.]

ABOUT THE ITEM NUMBER 44, WHICH IS THE, UH, AUDIT AND FINANCE COMMITTEE AUDIT? WHAT HAPPENED? UH, IS THERE A MOTION ON THIS ITEM, COUNCIL MEMBER ALTER THOSE PASSAGE OF ITEM 44? IS THERE A SECOND TO THIS ITEM, COUNCIL MEMBER POOL SECONDS, THIS ITEM, IS THERE ANY DISCUSSION? OKAY.

YES.

COUNCIL MEMBER AUTHOR.

SO THIS IS JUST, THIS IS A MOTION THAT PASSED ADOPTS.

THE AUDITOR PLAN, UM, FOR THIS YEAR WOULD RECOGNIZE THAT THE AUDIT OFFICE WILL BE TAKING CONSIDERABLE TIME TO DO THE REDISTRICTING FOR THE COUNCIL SEATS.

UM, BUT IT HAS SOME IMPORTANT, UM, AUDITS THAT ARE, UM, INCLUDED IN INCLUDING WITH RESPECT TO REIMAGINING PUBLIC SAFETY AND COSTS AND CYBERSECURITY.

UM, AND COVID ET CETERA.

UM,

[00:50:01]

WANT TO REVIEW THE SPECIFIC AUDIT.

SO I WANT TO THANK OUR, UM, AUDITOR AND HER TEAM FOR PUTTING THIS TOGETHER.

UM, AND FOR MY COLLEAGUES FOR PROVIDING INPUT ON THIS, UM, WE ALSO HAVE, UM, SEVERAL AUDITS THAT ARE ON THEIR WAY TO BEING FINISHED AS WELL, THAT ARE RECOGNIZED HERE.

OKAY.

AS ITEM 44 HAS BEEN MOVED AND SECONDED AND DISCUSSION THOSE IN FAVOR, PLEASE RAISE YOUR HAND.

THOSE OPPOSED IT'S UNANIMOUSLY ADOPTED WITH COUNCIL MEMBER HARPER, MADISON OFF OF THE DIETS.

YES.

UM, I THINK THAT, UM, WE'VE HANDLED EVERYTHING OF THIS POINT WITH THE EXCEPTION OF ITEM 31, WHICH WE'LL HOLD, UH, AND THEN THE ZONING MATTERS, WHICH WE CANNOT CALL UP BEFORE 2:00 PM AND ITEM NUMBER 20, UH, THAT I KNOW COUNCIL MEMBER HARPER MADISON WANTED TO, MY SENSE WAS SHE WOULD WANT TO ADDRESS THAT.

SO, UM, UM, WE'RE GOING TO HOLD OFF ON THAT ONE COUNCIL MEMBER ALTER.

[31. Conduct a public hearing and consider an ordinance amending City Code Title 25 to amend theNorth Burnet/Gateway Regulating Plan to modify the civic land uses allowed in the Transit OrientedDevelopment (TOD) Sub-District. (Part 1 of 2)]

UM, I JUST WAS WONDERING IF IT, IF WE COULD, UM, HAVE SOME OF THE CONVERSATION ON 31 SO WE CAN FIGURE OUT WHICH APPROACH THAT WE'RE INCLINED TO.

UM, I KNOW WE CAN'T VOTE ON THE OTHER ITEM UNTIL WE HAVE THE SPECIAL CALLED MEETING, BUT, UM, JUST WANNA, I THINK WE'RE INCLINED TO THE SPECIAL CALLED MEETING, BUT IF WE COULD HAVE A LITTLE BIT OF CONVERSATION ON THE DIRECTION, UM, I KNOW THIS IS IN, UM, THAT'S A MEMBER OF FOOLS DISTRICT AND, UM, SHE HAS GIVEN THIS A LOT OF THOUGHT.

I DON'T WOULD WELCOME TO HAVE A SENSE OF WHERE COLLEAGUES ARE AT ON THAT AS, BECAUSE IT WAS MY UNDERSTANDING THAT WE SET THE SPECIAL CALL MEETING SO THAT WE WOULD HAVE OPTIONS, WHICH I APPRECIATE.

UM, BUT I DON'T KNOW THAT I HAVE A CLEAR SENSE OF WHERE, WHERE EVERYONE IS AT.

THAT SOUNDS GOOD.

UH, SO LET'S CALL UP MY NUMBER 31.

DOES ANYBODY WANT TO, UH, UH, ADDRESS ITEM NUMBER 31, UH, COUNCIL MEMBER FLANAGAN.

THERE IT GOES.

UM, YEAH, SO I THINK THAT'S NUMBER ALTAR.

I AGREE WITH YOU THAT I THINK THAT'S THE DIRECTION THAT WE'RE HEADED TO TAKE THIS UP IN THE SPECIAL CALLED MEETING, UM, UM, FOR A NUMBER OF REASONS, BUT I THOUGHT THE TESTIMONY WE HEARD FROM MR. WALTON WAS PRETTY COMPELLING ABOUT LETTING, LETTING THE PS ZONING PROCESS OR THE PROCESS THAT YOU GET WITH P'S ZONING.

I'LL GO INTO PLANNING.

COMMISSION WILL HELP THE PLANNING COMMISSION, UM, HANDLE THE POSSIBLE DEBATE BETWEEN DEPARTMENT USES OF THE PROPERTY.

SO THAT, THAT WOULD BE MY PREFERENCE OR THE DISCUSSION ON 31.

OKAY.

YEAH, THAT'S MY POOL.

UM, YOU KNOW WHAT, MY COMPUTER IS ABOUT TO SIGN UP FOR AN UPDATE.

MY SISTER AND I CAN'T STOP IT, ALTHOUGH I'VE ASKED IT TO HELP WITH THOSE.

SO I WILL HOLD MY COMMENTS BECAUSE IT LOOKS LIKE IT'S GOING TO CLOSE ME DOWN FOR A SHORT AMOUNT OF TIME BACK.

I CAN'T, I CAN'T STOP THEATER FORM UPDATED.

SORRY.

UM, ANYBODY ELSE ON 31 WHERE WE WOULD DO NEXT COLLEAGUES IS WE WOULD, WE WOULD RECESS.

WE WOULD COME BACK AT NOON THAT WE JUST LOST THE COUNCIL MEMBER POOL.

UM, WE CAN WE'LL, WE'LL COME BACK AT NOON BECAUSE WE HAVE CITIZEN COMMUNICATION, NOT MANY, UH, JUST A FEW, UH, WELL, YEAH, TAKE CITIZEN COMMUNICATION AT NOON.

UH WE'LL THEN RECESS AGAIN TO TWO O'CLOCK, UH, WE'LL UH, INVITE ALL THE SPEAKERS TO SPEAK.

I DON'T THINK THAT THERE ARE VERY MANY AGAIN, UH, JUST ONE POTENTIALLY, UH, BUT, UH, MANY, UH WE'LL THEN CALL THEIR CONSENT AGENDA ON ZONING.

MY UNDERSTANDING IS I THINK THAT MOST OF THE ITEMS ARE CONSENT.

UM, SO AT THAT POINT, UH, MAYBE THERE'S MORE DISCUSSION ON 31 IF PEOPLE WANT TO GO AHEAD AND JUST PASS 31, UH, OR WE WOULD THEN COME BACK AT SIX O'CLOCK TO INITIATE THE, UH, THE PEACE OR HAVE THE BROADER CONVERSATION.

YES.

COUNCIL MEMBER ALTER.

UM, AND

[00:55:04]

YOUR LAST YEAR THERE, ONE MORE, WE TAKE UP ITEM 20.

UH, WE CAN TAKE UP ITEM NUMBER 20 AT TWO O'CLOCK WITH, LET'S SAY THEY WILL TAKE THAT BACK UP AT TWO O'CLOCK AND GIVE COUNCIL MEMBER HARPER MADISON, THE GREATEST AMOUNT OF TIME TO, TO COME BACK.

I'LL TRY TO REACH OUT TO HER IN THE MEANTIME TO SEE IF THAT'S SOMETHING SHE WANTS US TO DO.

HOLD ON.

I GUESS JIMMY FLANNIGAN PULLED IT AS WELL.

UH, SO WE, WE, WELL, I ANTICIPATE CALLING THAT AT THE TWO O'CLOCK PORTION OF TODAY'S MEETING CLARITY ON WHY WE WOULDN'T TAKE IT UP.

I'M JUST, IF WE HAVE COUNCIL MEMBER HARPER, MADISON, WE CAN, I JUST DON'T KNOW.

MAYBE IF SHE'S HERE AND WE HAVE TIME AND PEOPLE WANT TO DO THAT DURING LUNCH, WE COULD DO THAT.

WE COULD ALSO DO IT AT TWO O'CLOCK.

SO IT'S, IT LOOKS LIKE THAT'S GOING TO GO REALLY QUICKLY.

AND I THOUGHT THAT IT WAS THE BEST WAY TO ENSURE THAT PEOPLE KNEW WHEN THEY'RE GOING TO BE TAKING THEM OUT TOMORROW AT 12 ON THE TWO O'CLOCK CALLS GOING TO GO REALLY FAST TOO, BECAUSE IT'S A CONSENT AGENDA, MOSTLY ON ZONING.

UH, BUT I OKAY.

JUST SEEMED EASIER THAT WAY.

OKAY.

COLLEAGUES LET'S DO THIS, THEN IT IS, UH, 11 O'CLOCK.

WE'RE GOING TO RECESS THE CITY COUNCIL MEETING AND COME BACK AT NOON, UH, SO THAT WE CAN DO CITIZEN COMMUNICATION.

UH, I SEE ALL THAT, THAT, UH, TODAY IS THURSDAY, OCTOBER 29, 2020.

THIS IS THE CONTINUATION OF THE CITY OF AUSTIN CITY COUNCIL MEETING, UH, BEING HANDLED, UH, UH, UH, VIRTUALLY, UM, WE'VE TAKEN A RECESS TO COME BACK TO HEAR CITIZENS COMMUNICATION.

AFTER WE'RE DONE WITH CITIZENS COMMUNICATION, THE INTENT IS TO TAKE ANOTHER RECESS, UH, TO COME BACK AT, UH, UH, AT TWO O'CLOCK THE HANDBOOK IN STONEY, WE CAN TOUCH BASE ON 31 AND SEE IF PEOPLE WANT TO DO 31 OR GO INTO THE EVENING AT THE, AT, AT, AT SIX O'CLOCK.

UM, THE ONLY, UH, ITEM THAT WE HAVE OUTSTANDING OTHER THAN, UH, ZONING, UH, IS THAT, UH, EITHER 20, UH, WHICH SAID, WHICH I SAID, I WOULD TRY TO CALL IT, UH, TWO O'CLOCK HOPEFULLY COUNCIL MEMBER HARPER, MADISON CAN, CAN BE WITH US THEN,

[Public Comments (Part 2 of 3)]

UH, WITH THAT SAID, UH, CLERK, UH, TO THAT OR BERTA YOU GUYS READY TO CALL CITIZENS COMMUNICATION? YES, WE'RE READY.

GREAT.

THANK YOU.

GO AHEAD.

THE FIRST SPEAKER IS XENIA.

HELLO EVERYONE.

MY NAME IS DONNIE ALON AND I'M A JUNIOR PUBLIC HEALTH MAJOR AT THE UNIVERSITY OF TEXAS.

UM, I'M ALSO A MEMBER OF THE HLA HEALTH LEADERSHIP APPRENTICE PROGRAM AND DELL MEDICAL SCHOOL.

UM, THE GOAL OF THE HLA PROGRAM IS TO IMPROVE THE HEALTH OF THE GREATER AUSTIN COMMUNITY THROUGH PARTNERSHIPS, WITH DIFFERENT COMMUNITIES AROUND THE AREA.

AND FOR THE PAST YEAR, A TEAM HAS PARTNERED WITH RESIDENTS OF BROWNIE DRIVE AND LISA HAILE, WHO IS A COMMUNITY LEADER AND ADVOCATE FOR THE AREA TO INVESTIGATE AND PROPER WASTE MANAGEMENT AND BROWNIE DRIVE.

UM, SO BACKGROUND ON THE AREA AND THE DUMPSTERS TO RONNIE DRIVE IS LOCATED IN EAST AUSTIN OR THE RUN BREAK AREA.

AND THE STREET MAINLY CONSISTS OF TWO TO FOUR PLEX HOMES THAT ARE RENTED BY THE RESIDENTS IN SEPTEMBER OF 2019.

MS. HIGHLY POINTED OUR ATTENTION TO THE GROWING ISSUE OF IMPROPER WASTE MANAGEMENT IN THE AREA OF CURRENTLY BROWNIE DRIVE DOESN'T RECEIVE THE SAME SERVICES AS OTHER AUSTIN RESIDENTS.

THEY HAVE DUMPSTERS PLACE IN FRONT OF THE UNITS INSTEAD OF INDIVIDUAL TRASH BINS, AND THEY DON'T RECEIVE RECYCLING SERVICES ON THE RESIDENTS HAVE REPORTED ILLEGAL DUMPING OF BULK ITEMS LIKE SOFAS AND MATTRESSES AROUND THEIR PROPERTY.

ALONG WITH DIFFICULTIES COORDINATING WE'LL PICK UP WITH THE CITY.

ONE OF THE RESIDENTS, MISS ALISA TOLD US THAT PEOPLE HAVE BEEN LEAVING JUNK FROM CAR ACCIDENTS NEAR THE DUSTERS AND THE POLICE HAVEN'T HELPED FIX THE SITUATION OR TOWED THE CARS ON THE SPECIFIC AREAS RECITED BY MOSTLY PEOPLE OF COLOR.

AND SO IT'S NOT MERELY A RANDOM SAMPLE OF AUSTINITES WHO AREN'T GETTING THE SAME CITY BENEFITS, BUT IT'S A CERTAIN GROUP OF PEOPLE WHO ARE MORE LIKELY NOT TO RECEIVE THESE BENEFITS.

UM, THIS HIGHLIGHTS SEVERAL SYSTEMATIC DISPARITIES WITHIN THE NEIGHBORHOOD ALONE.

UM, SO PROBLEMS THAT CRAVE THE DUMPSTERS, UM, THEY ARE POD AROUND CAN BREED BACTERIA, INSECTS, AND VERMIN.

AND, UH, THERE'S ALSO A CORRELATION THAT WE FOUND THAT THERE IS AN INCREASED CRIME IN NEIGHBORHOODS THAT CONTAIN DUMPSTERS MORE THAN THOSE THAT HAVE JUST INDIVIDUAL TRASH CANS, UM, AND AUSTIN, AUSTIN, AUSTIN RESOURCE RECOVERY, ELSA ARR NEGOTIATES WASTE REMOVAL WITH A WASTE MANAGEMENT DEPARTMENT FROM OUR RESEARCH, WE FOUND OUT THAT THE DEDICATED NEGOTIATIONS ARE INCONSISTENT ACROSS VARIOUS NEIGHBORHOODS.

WELL, SOMEHOW SERVICES SUCH AS INDIVIDUAL TRASH CANS, RECYCLING, AND TWICE ANNUAL BOOK ITEM, PICK UP DONNY, DRIVE

[01:00:01]

THIS AND HAVE THE SAME ACCESS.

LET ME TALK TO ARR.

THEY TOLD US THEY WERE NEVER ASKED TO PROVIDE BOTH PICKUP OR RECYCLING SERVICES FOR BRAWNY DRIVE, EVEN THOUGH THE STREET IS SCHEDULED FOR BOTH OF THESE SERVICES, ACCORDING TO AUSTIN, TEXAS.GOV.

UM, SO IT'S AN HLA GROUP.

IT CAME UP WITH TWO WEEKS TO BEGIN FIXING THE PROBLEM.

THE DUMPSTERS CREATED FIRST, WE SUGGEST THE CITY ENSURES THAT RONNIE DRIVE RECEIVED BOTH PICKUP SERVICES A FEW TIMES A YEAR TO REMOVE THE TRASH PILING AROUND THE DUMPSTERS.

BUT BROWNIE DRIVES WILL RECEIVE WILL NEED MORE SYSTEMIC CHANGES TO CREATE A LONG-TERM SOLUTION SUCH AS INDIVIDUAL TRASH BIN, RATHER THAN DUMPSTERS, ENCLOSED DUMPSTERS OR SOMETHING ENTIRELY DIFFERENT.

AS THE FIRST STEP, WE WANT TO CREATE A SURVEY SIMILAR TO THE ARR COMPREHENSIVE PLAN SURVEY, WHERE RESIDENTS GIVE THEIR THOUGHTS AND POTENTIAL SOLUTION, WHICH CAN BE USED TO IMPLEMENT SYSTEMIC CHANGES TO THE WASTE MANAGEMENT SYSTEM IN THE COMMUNITY.

SO WE APPRECIATE THE TIME YOU'VE SPENT LISTENING TO US AND, UM, WE HOPE THAT WE CAN, CAN CONTINUE TO WORK TOGETHER TO MAKE CHANGES TO THE WASTE MANAGEMENT.

THANK YOU.

SO I, CARLOS LEONE FIRST AND FOREMOST, CAUSE I'LL SAY I SAW THE OLDEST FOR LETTING ME SPEAK ON OCTOBER 29, 2020 AGAINST CITY GOVERNMENT EVIL TO LEGALLY DEFEAT AND REMOVE AT CITY HALL ON JULY SIX AND SEVEN 2020 INSIDE LOCKED BATHROOM DOOR 1107 WAS UNLOCKED FROM THE OUTSIDE ALLEGEDLY BY TWO ALIENS, SICKLE HOMOS, STALKER PEEPING, TOM MALE, CITY HALL EMPLOYEES, WHITE SECURITY GUARD, JAMES LAWSON AND BLACKMAIL CUSTODIAN.

CHARLES WHO ALLEGEDLY KNEW I A STRAIGHT CHRISTIAN MAN WAS INSIDE.

WHEN THEY STARTED PUSHING THE DOOR OPEN.

I HAD TO PUSH BACK TO STOP THEIR ATTEMPTED INVASIONS BECAUSE TEXAS DEPARTMENT OF PUBLIC SAFETY V ABBOTT PREVENTS ME FROM ACCESSING DAYTIME STAMPS SECURITY CAMERA, HALLWAY, VIDEO CATCHING THE GUILTY IN THE ACT.

MY AMENDED PIR SOUGHT A DETAILED WRITTEN DESCRIPTION OF WHO WAS IN THAT HALLWAY WHEN THEY WERE THERE AND WHAT THEY DID WHILE THERE, BECAUSE JUSTICE WALDROP SEVERED THAT PUBLIC INFORMATION FROM THE VIDEO IMAGES THEMSELVES TO COMPLY WITH THE TEXAS PUBLIC INFORMATION ACT.

HOWEVER, CITY HALL IS INCOMPLETE, INACCURATE, MISLEADING RESPONSE EMBEDDED IN CITY OF AUSTIN LAW DEPARTMENTS NINE 24, 20 LETTER TO ME MOCKS WALDROP'S RULING BY NOT SPECIFYING THE PUBLIC EMPLOYEE PURPOSE BY NAME, POSITION, OR EMPLOYER THAT DAY OR TIME OF THEIR ACTIONS OR THE JULY SEVEN ATTEMPTED INVASION, WHICH CUSTODIAN CHARLES ADMITTED TO ME IN PERSON IMMEDIATELY AFTERWARD.

WHEN I CONFRONTED HIM THE UNSIGN RESPONSE WAS ALLEGEDLY WRITTEN AND OR APPROVED BY CITY HALL SECURITY SUPERVISOR EDO GARCIA, WHO APPEARS TO BE CRIMINALLY TAMPERING WITH GOVERNMENTAL RECORDS TO TRY REWRITING TRUTH EX POST FACTO TO PROTECT THE GUILTY TO PUNISH ME THE TARGETED WHISTLEBLOWER, THE LAW DEPARTMENTS PIR TEAM COULD SEE SECURITY'S RESPONSE DID NOT LEGALLY FILL MY REQUEST.

AMANDA BROWN, JAMES CLACK AND ERICA OR TACITLY APPROVED IT.

ALLEGED PROFESSIONAL MISCONDUCT, TACITLY SUPPORTED BY THEIR SUPERIOR CHIEF ADMINISTRATIVE OFFICER, CARLA SCALES UNDER CITY ATTORNEY AND MORGAN FAILING US AUSTINITES BY NOT COMPLYING WITH THE ACT.

SIMILARLY, THE CAP METRO ETHICS OFFICER CARRIE BUTCHER SAID THERE'S NO OUTSIDE VIDEO OF THEIR JULY 20 SECURITY GUARD INCIDENT AGAINST ME.

THAT TOOK PLACE INSIDE CAT METRO'S TRANSIT OFFICE ON CAMERA TO ILLEGALLY DENY REQUESTED PUBLIC INFORMATION VIDEO THAT'S LEGALLY MINE, THEREFORE VOTE NO ON PROPOSITION A TO PUNISH CAT METRO'S ALLEGED CRIMINALITY AND COVER UP AGAINST US.

THE PUBLIC.

THEY ARE LEGALLY BOUND TO SERVE GLOBALLY.

THIS EVIL ALIEN UPSIDE DOWN ANTI-HUMAN ANTI-CONSTITUTIONAL TROLL.

INSURRECTION MUST BE DEFEATED AND ITS WORKS DESTROYED FOR US HUMANS TO FREELY SURVIVE AND THRIVE ON EARTH AND BEYOND MAKE GOD GRANT US THE VICTORY AND THE PSYCHOLOGICAL TEMPORAL SPACIAL AND SPIRITUAL WAR IN JESUS' NAME.

I PRAY.

AMEN.

THANK YOU, LORD.

GOD BLESS TEXAS.

THE UNITED STATES OF AMERICA CONSTITUTIONAL LAW TRUTH AND ABOVE ALL GOD'S WORD FROM SLIDE 2020 CANCELED, BIG TECH UNPLUGGED THIS MATRIX OVERTURN ROLL ON OUT PAUL ROBBINS.

YOU WANT AUSTIN TO BE A LEADER AND EXAMPLE IN THE FIGHT AGAINST GLOBAL WARMING.

I, AGAIN, CALL ATTENTION TO THE LACK OF CONSTRUCTIVE ACTION BY TEXAS GAS SERVICE, THE MAIN NATURAL GAS UTILITY THAT SERVES THE CITY.

RECENTLY, I RECEIVED AN EMAIL FROM THE GAS COMPANY ASKING ME AND OTHER CUSTOMERS TO LOBBY COUNCIL ON THE COMPANY'S PREFERRED WAYS TO DEAL WITH THE CITY'S DRAFT CLIMATE PROTECTION PLAN.

I HAVE TWO RESPONSES.

FIRST COMPANY IS USING MY PRIVATE INFORMATION TO CONTACT ME ABOUT

[01:05:01]

AN ISSUE, NOT RELATED TO MY GUEST SERVICE.

I PROVIDED THE COMPANY WITH MY EMAIL ADDRESS FOR BILLING PURPOSES, NOT FOR POLITICAL OR MARKETING CAMPAIGNS.

I QUESTION IF THIS IS A MISUSE OF CUSTOMER INFORMATION AND I'VE FILED A COMPLAINT WITH THE TEXAS ATTORNEY GENERAL, I ALSO QUESTIONED WHY CITY LEGAL AND THE CITY'S OFFICE OF REGULATORY AFFAIRS HAVE NOT TAKEN THEIR OWN INITIATIVES TO PROTECT THE CONSUMER INFORMATION.

UH, THE SECOND, UH, REFLECTION IS THAT THIS IS ANOTHER EXAMPLE OF THE GAS COMPANIES, LACK OF COMMITMENT TO DO ITS PART, TO STOP GLOBAL WARMING DURING THE LAST RATE CASE THAT RAISED COSTS BY AN ESTIMATED $51 MILLION OVER A FIVE-YEAR PERIOD, THE COMPANY FOUGHT AGAINST EFFORTS TO REDUCE GLOBAL WARMING, SPECIFICALLY.

IT LARGELY DEFEATED PROGRESSIVE RATES THAT INCENTIVE CONSERVATION AND HELP THE POOR.

AND IT COMPLETELY DEFEATED EFFORTS TO FUND RESEARCH OF FUELS DERIVED FROM RENEWABLE ENERGY.

SOLAR FUEL RESEARCH WOULD NOT HAVE REDUCED COMPANY PROFITS BY A PENNY WOULD HAVE ONLY RAISED CUSTOMER BILLS BY A SMALL FRACTION OF A PERCENT AND WOULD HAVE MADE THE COMPANY AND EXAMPLE FOR THE NATION YOU HAVE TO COMPANY OPPOSED TO TEXAS GAS SERVICE CONTINUES IT'S FOSSILIZED BUSINESS MODEL BASED ON FOSSIL FUELS.

COUNCIL HAS THE POWER TO CHANGE THIS DYNAMIC.

FIRST, YOU NEED TO ASSIGN OVERSIGHT OF GAS UTILITIES IN AUSTIN TO EITHER THE ELECTRIC UTILITY COMMISSION OR THE RESOURCE MANAGEMENT COMMISSION WHO CAN ADVISE COUNCIL ON THE BEST WAYS TO DEAL WITH RATES AND GLOBAL WARMING AND SECOND POLICIES, EXCUSE ME, POLICIES TO REDUCE GLOBAL WARMING SHOULD BECOME A CENTRAL PART OF ALL FUTURE RATE CASES AND FRANCHISE NEGOTIATIONS FOR NATURAL GAS UTILITIES THAT SERVE THE CITY.

THANK YOU FOR YOUR ATTENTION.

THAT CONCLUDES ALL OF THE SPEAKERS.

THANK YOU.

UH, COLLEAGUES, THOSE ARE ALL THE SPEAKERS.

UH, I THINK THAT, UH, UH, AT THIS POINT WE WILL TAKE OUR RECESS.

WE'LL COME BACK AT TWO O'CLOCK WE'LL DO THE, UH, CONSENT OR FIRST ASK THE SPEAKERS TO SPEAK.

I THINK THERE ARE THREE, UH, THIS AFTERNOON, UH, AND THEN WE'LL, UH, WHAT ABOUT, IT'S NOT MANY, UM, AND WE'LL DO THE CONSENT AGENDA AND THEN WE'LL BRING UP ITEMS 20 AND WE'LL SEE WHETHER OR NOT WE'RE GOING TO HANDLE 31, OR WE CAN MEET AT SIX WITH THAT AT 1214.

UH, WE ARE IN RECESS UNTIL TWO O'CLOCK.

I SEE YOU GUYS, COLLEAGUES.

WE ARE BACK INTO OUR CITY COUNCIL MEETING HERE TODAY ON OCTOBER 29TH, 2020, UH, IT'S TWO OH TWO, AND THIS IS THE CONTINUATION OF THE AUSTIN CITY COUNCIL MEETING BEING HELD VIRTUALLY, UH, THIS MORNING WE TOOK CARE OF MOST EVERYTHING EXCEPT FOR ZONING AND ALSO ITEMS, UH, 20, UH, UH, 31.

UH, WE'RE GOING

[Public Comments (Part 3 of 3)]

TO HEAR FIRST FROM SPEAKER, UH, SIGNED UP TO, TO SPEAK.

I THINK THERE'S JUST ONE ON ZONING.

WE'LL TAKE CARE OF THE CONSENT AGENDA OR ANY PULLED ITEMS WE CAN TAKE CARE OF THOSE OR THEY CARE OF THEM ITEM NUMBER 20, AND THEN WE'LL FIGURE OUT IF WHAT WE WANT TO DO WITH, UH, 31, UM, IN ANTICIPATION OF THE SPECIAL CALL, WHICH IS SET FOR SIX O'CLOCK AND WE CAN'T MOVE TO ANY EARLIER THAN SIX O'CLOCK HI WITH THAT SAID, UM, UH, UH, MYRNA, JEANETTE, DO WE HAVE, UH, ANY SPEAKERS ON OUR AFTERNOON ZONING CASES? UM, WE WILL BEGIN WITH JOSEPH.

THANK YOU, JUSTICE, PLEASE.

UNMUTE.

YES.

ARE YOU ON THE LINE? HELLO? YES.

MS. JOSEPH, GO AHEAD.

ARE YOU READY FOR ME TO SPEAK

[01:10:01]

MAYOR? I'M LISTENING ON THE RADIO.

SO THERE'S A DELAY AND I'M, I'M A LITTLE OFF AS TO WHERE YOU ARE.

THAT'S OKAY.

WE ARE JUST CONVENED FOR THE AFTERNOON.

SO WE'RE RECOGNIZING SPEAKERS THAT HAVE SIGNED UP ON ZONING CASES AND YOU HAD SIGNED UP TO SPEAK ON ZONING CASES.

SO IT'S NOW YOUR MOMENT.

OKAY.

THANK YOU.

MAYOR COUNCIL MEMBERS I'M AS ENOVIA JOSEPH.

I SIGNED UP FOR ITEM 36, WHICH IS ONE WAY OUT IN MY OPPOSITION TO THIS CASE.

I KNOW COUNCIL MEMBER KITCHEN, AND ALSO COUNCIL MEMBER ALTER ASKED WHEN YOU HAD THIS CASE BEFORE YOU, THE LAST TIME IS SPECIFICALLY THAT IT'S A BENZENE ZONE.

AND WHAT I MEAN BY THAT IS THERE ARE TWO GAS STATIONS IN THE PROXIMITY OF THIS DEVELOPMENT, OFTEN NIXON AND FM NINE 69 AND SPECIFICALLY ABOUT 0.9 MILES FROM THE NIXON SITE IS PREG WOOD AT CRESTWOOD.

YOU HAVE TWO GAS STATIONS THERE, AND THERE'S A THIRD GAS STATION AT FM NINE 69 AND ONE 83.

AND SO YOU HAVE A ESSENTIALLY FIVE GAS STATIONS WITHIN ABOUT A MILE, 1.2 MILES OF THE SITE.

AND SO I HAVE JUST RELIED ON INFORMATION AS IT RELATES TO BENZENE FROM THERE'S AN ATTORNEY THAT GAVE A PRESENTATION ONLINE AND HIS NAME IS SEAN COLLINS, AND HE BASICALLY TALKED ABOUT VAPOR INTRUSION AND THE VOLATILE ORGANIC COMPOUNDS VAPOR SEEPS UP THROUGH THE GROUND.

AND BASICALLY YOU BREATHE IT IN IT'S UNKNOWN STARTED LIKE CARBON MONOXIDE.

AND SO MY CONCERN IS SIMPLY THAT I DON'T KNOW SO MUCH THAT COUNCIL MEMBER HARBOR MADISON ACTUALLY LISTENED TO THE VIDEO OF THE INITIAL ZONING AND PLANNING COMMISSION, BUT THE MEMBERS WERE QUITE EXTENSIVE.

THEY DISCUSSED THIS ITEM AND TALKED ABOUT, UM, THE WATER QUALITY AND SPECIFICALLY COMMISSIONER, UH, GEARY LIVES IN, UH, IS FAMILIAR WITH FLOODING.

AND SO SHE TALKED ABOUT THAT AREA.

THE OTHER REASON THAT I ASKED FOR THEM TO PUT THE CONDITIONAL OVERLAY FOR THE GAS STATION IS BECAUSE THERE THIS ZONE IS ACTUALLY CONSIDERED AN ACTIVITY CORRIDOR, BUT YOU ONLY HAVE GAS STATIONS AND LIQUOR STORES IN THE AREA WHERE YOU HAVE PREDOMINANTLY AFRICAN-AMERICANS RESIDING.

AND SO MY OPPOSITION WAS JUST SO THAT DEVELOPERS UNDERSTAND THAT AFRICAN-AMERICANS DESERVE MORE THAN GAS STATIONS AND LIQUOR.

YOU CAN GET LIQUOR.

AND AT TWO GUESTS, YOU KNOW, THE, THE QUICK MARTS AND THE, UM, AND THE TWO LIQUOR STORES, BUT YOU CAN'T BUY A LEMON, UM, IN THAT AREA BECAUSE IT'S A FOOD DESERT.

AND SO THAT WAS MY OPPOSITION.

AND IF YOU RECALL, WHEN YOU MET ON, I BELIEVE IT WAS OCTOBER 15 ON OR ABOUT THAT'S WHEN YOU DISCUSS THE PIER.

AND THERE WERE MANY INDIVIDUALS FROM WEST AUSTIN WHO WERE OPPOSED TO A GAS STATION AND THEY TALKED ABOUT THE WATER QUALITY AND THINGS OF THAT SORT.

AND MY PRECEDENT IS THAT COUNCIL MEMBER ALTER ACTUALLY READ INTO THE RECORD DECEMBER, 2017 ON OR ABOUT DECEMBER 17, 25, CONDITIONAL USES FOR THE AREA THAT'S NEAR THE ARBORETUM.

UM, THE, THEY WERE GOING TO BE REZONING THE, UH, THEATER THERE.

AND SO I REALLY DON'T UNDERSTAND WHY THE OPPOSITION TO THE ONE YOUTH OVER THERE.

SHE ACTUALLY ELIMINATED THE USE OF GAS STATION AND CONVENIENCE STORES, WHICH I ACTUALLY WANTED THEM TO PUT BOTH OF THE USES, BUT THEY SETTLED ON THE ONE.

AND JUST, UM, MY LAST COMMENT IS THAT THE APPLICANT AGREED TO IT ON THE FIRST NIGHT, JULY 7TH, 2021.

THIS CASE WENT BEFORE THE ZONING AND PLANNING COMMISSION.

AND THEY SAID IT MULTIPLE TIMES.

I REALLY DON'T KNOW WHAT CHANGED BETWEEN THAT AND TAKING THE CONDITIONAL OVER OFF OF THIS CASE.

THANK YOU.

IF YOU HAVE ANY QUESTIONS, I'LL GLADLY ANSWER THEM AT THIS TIME.

MAYBE OTHER, CAN YOU SEE MY, BEFORE WE LOSE, UH, MS. JOSEPH WAS MUTED.

REMEMBER BATESON NOW YOU'RE MUTED.

NOW MINE SAYS I'M UN-MUTED.

UM, I JUST WANTED TO TAKE THE OPPORTUNITY IF I MAY, UM, TO ADDRESS MS. JOSEPH AND HER CONCERNS.

UM, SO ULTIMATELY, UH, ON THIS ITEM, IT WOULD BE LITERALLY IMPOSSIBLE TO BUILD A GAS STATION ON THIS SITE BECAUSE OF FLOOD PLAIN RESTRICTIONS.

UM, I CONFIRMED THAT WITH BOTH DSD AND WATERSHED.

IN FACT, I'M HAVING A CONVERSATION.

UM, MY OFFICE HAD A CONVERSATION WITH RANDY SCOTT AND, UM, THIS, THIS, UH, I THINK THERE MIGHT JUST BE SOME, UM, MISUNDERSTANDING

[01:15:02]

HERE IN WHICH CASE I WOULD ENCOURAGE MS. JOSEPH TO REACH OUT TO MY OFFICE.

AND LET'S MAKE CERTAIN THAT WE ARE ON THE SAME PAGE WITH THIS CONVERSATION ABOUT THIS PARTICULAR PROPERTY AND WHAT IS PROHIBITED HERE.

UM, SO, UH, MS. JOSEPH, IF YOU WOULDN'T MIND REACHING OUT TO MY OFFICE, I WOULD LOVE TO ENGAGE IN A CONVERSATION WITH YOU ABOUT WHAT CAN AND CAN'T HAPPEN ON THIS PROPERTY AND WHAT IT WAS THAT MY RATIONALE WAS FOR MOVING FORWARD, UH, WITH THIS PARTICULAR DESIGNATION.

THANK YOU.

THANK YOU.

THANK YOU, COUNCIL MEMBER ALTAR.

I IMAGINED JERRY IS GOING TO GET TO IN A SECOND, BUT IT LOOKS LIKE THIS IS POSTPONED ANYWAY BY CORRECT.

JERRY SHAKING HIS HEAD.

YES.

OKAY.

THANK YOU, JERRY.

YOU WANT TO TAKE US THROUGH THE, IS THERE ANY, ANYONE ELSE SIGN UP TO SPEAK MAYOR THAT CONCLUDES ALL OF THE SPEAKERS.

[Zoning Consent Agenda]

THANK YOU VERY MUCH, JERRY.

YOU WANT TO TAKE US THROUGH THE ZONING AGENDA? SURE.

MAYOR, UH, JERRY RESTAURANTS, THE HOUSING AND PLANNING DEPARTMENT, OR IS THERE ANY AGENDA? TODAY'S ITEM 34, KC 14, 2017, ZERO ONE 48.

THIS IS A POSTPONEMENT REQUEST BY THE NEIGHBOR TO NOVEMBER 12TH.

THE OWNER IS NOT OPPOSED.

UM, ITEM NUMBER 36, THIS CASE NPA 2019 ZERO ZERO 31.01.

THIS IS A POSTPONEMENT REQUEST BY THE STAFF TO DECEMBER 3RD ITEM.

LET'S SEE.

NUMBER 36 IS 14, 2020 ZERO ZERO 57.

THIS IS THE ONE THAT MS. JOSEPH JUST SPOKE OF THIS AS A POSTPARTUM REQUEST BY THE STAFF TO DECEMBER 3RD, ITEM NUMBER 37 IS HIS C 14 2020 ZERO OH ZERO 55.

THIS IS A POSTPONE REQUEST BY THE STAFF TO NOVEMBER 12TH.

ITEM NUMBER 38 IS CAUSE NPA IN 2020 ZEROS OR A ONE 9.01.

THIS CASE IS READY FOR CONSENT APPROVAL.

ON SECOND AND THIRD READING, I DIDN'T REMEMBER 39 C 14, 2020 ZERO ZERO 26.

THIS CASE IS READY FOR CONSENT APPROVAL ON SECOND AND THIRD READING.

AND FINALLY, ITEM 40 IS KC 14, 2020 ZERO 38.

THE KEMP CASE, THIS CASE HAS BEEN WITHDRAWN BY THE APPLICANT AND NO ACTION IS REQUIRED AND THAT CONCLUDES IS ON THE AGENDA.

OKAY.

UH, COUNCIL MEMBER HARPER.

MADISON.

YES.

THANK YOU.

I APPRECIATE THE RECOGNITION.

UM, I THINK I'M PROBABLY NOT THE ONLY ONE.

UM, BUT THE TRUTH OF THE MATTER IS WASN'T I APPRECIATE THAT THE KIM CASE HAS BEEN WITHDRAWN.

UM, THERE'S SOME COMMENTARY I HAVE, I WOULD LIKE TO OFFER THE OPPORTUNITY TO MY COLLEAGUES, TO IF THERE'S ANYBODY ELSE WHO HAS COMMENTARY.

UM, I WOULD LIKE FOR, FOR THEM TO HAVE THE OPPORTUNITY TO SPEAK ON THE ITEM, BECAUSE I KIND OF HAVE A LOT TO SAY ABOUT THIS.

UM, IN WHICH CASE, IF WE COULD START WITH SOMEBODY WITH NOT SO MUCH TO SAY, I WOULD APPRECIATE OFFERING THEM THE OPPORTUNITY AND THE GRATITUDE, UH, THE GRACE RATHER, UH, TO LET THEM SPEAK FIRST.

AND WE'RE STANDING THAT THIS MATTERS NOT IN FRONT OF US FOR CONSIDERATION, UH, BY WAY OF JUST PERSONAL PRIVILEGE OR STATEMENT, I'M GOING TO GIVE PEOPLE A CHANCE TO TALK IF THEY WANT TO.

DOES ANYBODY ELSE WANT TO TALK AIR PRO TAM? UM, I DON'T KNOW IF I KNOW BE SHORTER, BUT I'M HAPPY TO GO FIRST AS, AS QUICKLY AS POSSIBLE.

UM, I DON'T WANT TO WHERE YOU PLAY THE COMMENTS.

I MAY LAST TIME, THIS CASE CAME UP, UM, AND GIVING THE REALITIES OF THE CHOICES THAT WE WERE PRESENTED WITH WITH THIS CASE.

IT WASN'T NOTHING WILL COME BILLED FOR OR GOOD.

YOU WOULD PASS THE ZONING.

THAT WAS WHERE UNITS WOULD BE BUILT THERE.

IT WAS SOMETHING WOULD BE BUILT THERE.

AND HOW COULD WE HAVE A SAY IN WHAT THAT WOULD BE? UM, AND SO, BECAUSE IT'S BEEN WITHDRAWN, THERE WILL NOT BE AFFORDABLE UNITS ON THIS PIECE OF PROPERTY.

UM, I'VE BEEN TO HABITAT FOR HUMANITY, UH, PROJECTS IN THIS AREA.

IN FACT, I BELIEVE I WAS AT ONE WITH COUNCIL OF OUR KITCHEN, PROBABLY ABOUT THREE, FOUR YEARS AGO, UM, AND HELPING DO THE CEREMONIAL LIFTING OF, OF, UM, OF, UH, YOU KNOW, A WALL AND, AND MEETING THE FAMILIES WHO BENEFIT FROM THESE KINDS OF PROJECTS AND SEEING HOW THEY PROVIDE LABOR FOR THE PROJECTS AS WELL.

AND SEEING THE WORK THAT HABITAT FOR HUMANITY DOES WHEN THIS ORIGINALLY CAME TO US, I THINK THE APPLICANT KNEW PRETTY QUICKLY THAT THERE WAS NO WAY, UM, SHE WOULD GET, THEY WOULD GET SUPPORT FOR MARKET RATE.

THERE WAS NO WAY.

AND WHEN IT CAME BACK TO US, I WAS ABSOLUTELY AMAZED AT WHAT WAS BROUGHT BACK TO US.

I HAVE

[01:20:01]

NEVER, I HAVE SEEN THE OFFER OF, OR WE CAN GIVE YOU 2% AFFORDABILITY OR MAYBE WE CAN GET UP TO, MAYBE WE CAN GET UP TO 10%.

AND I REALLY AM PROUD OF THE WORK THIS COUNCIL HAS DONE AND COMMITMENTS TO, TO GETTING MORE.

UM, AND, AND W UH, PEOPLE HOPEFULLY UNDERSTANDING THAT WE CANNOT DEMAND A CERTAIN AMOUNT OF AFFORDABILITY IN ZONING CHANGES.

IT'S AGAINST THE LAW.

WE CAN ALL WORK AS HARD AS WE CAN, AND IN A VARIETY OF WAYS TO, TO EMPHASIZE OUR POLICY PRIORITIES, BUT WE CAN'T ASK FOR IT.

WE ALSO CAN'T ASK FOR THEM TO DO CERTAIN THINGS, UM, YOU KNOW, WITH REGARDS TO DEVELOPMENT, IT'S AGAINST THE LAW.

SO, LASTLY, UM, THAT'S MOSTLY WHAT I WANTED TO SAY.

I DID WANT TO QUICKLY, SORRY.

UM, IT'S EASIER TO FIND ON MY PHONE, READ A QUICK EMAIL FROM HABITAT FOR HUMANITY THAT WAS JUST SENT TO US.

COUNCIL MEMBERS WORDS CANNOT DESCRIBE THE SADNESS.

WE FEEL TODAY OVER THE LOSS OF 17 AFFORDABLE HOMES IN THE MONTOPOLIS NEIGHBORHOOD, OVER OUR 35 YEARS OF BUILDING SAFE, AFFORDABLE HOMES WITH HARDWORKING AUSTINITES.

WE ARE PROUD TO HAVE BUILT 98 HOMES IN THIS AMAZING NEIGHBORHOOD.

98 FAMILIES WHOSE LIVES WERE CHANGED BECAUSE THEY WERE GIVEN THE OPPORTUNITY TO PURCHASE THEIR OWN SAFE, DECENT, AFFORDABLE HOME, BUT WERE DISAPPOINTED WITH THE MISINFORMATION AND LIES CIRCULATED ABOUT THIS CASE, WHICH BROUGHT THE PROJECT TO AN END.

THE ACCUSATIONS THAT AUSTIN HABITAT WAS NOT GOING TO BUILD THESE HOMES ARE COMPLETELY FALSE AS OUR CHARGES, THAT THERE WAS NO WAY TO ENFORCE THE AFFORDABILITY.

WE HAD A RESTRICTIVE COVENANT AND A CONTRACT TO ENSURE THE PROJECT SUCCESS.

NOW, INSTEAD OF 17 AFFORDABLE HOMES THAT WERE GOING TO, WITHOUT ANY SUBSIDY EMPHASIZED AND 16TH MORE MARKET RATE HOMES, OUR COMMUNITY WILL GET FIVE TO 10.

I WONDER WHY THAT JUST, IT TOOK ME OUT FIVE TO 10 ENORMOUS, UM, PARTICIPANT HOMES ON ENORMOUS 20 TO A THOUSAND SQUARE FOOT.

LOTS.

WE ALL KNOW WHAT THIS LOOKS LIKE.

WE HAD A CHANCE TO USE AFFORDABILITY AFFORDABILITY UNLOCKED AND DO BETTER FOR THIS COMMUNITY.

AND I'M JUST SAD.

WE COULD NOT MAKE THAT HAPPEN.

PUBLIC PRIVATE PARTNERSHIPS LIKE THIS ONE ARE A PART OF THE SOLUTION THAT MUST BE EMBRACED.

IF THIS COMMUNITY TRULY WANTS TO PROVIDE AFFORDABLE HOME OWNERSHIP, WE CAN DO BETTER.

UM, THAT'S BY PHYLLIS, NOT THE CEO, UM, AUSTIN HABITAT FOR HUMANITY.

UM, LASTLY, I ASK AUSTINITES THANK YOU FOR COMING OUT ON THIS CASE.

I ASK YOU TO PLEASE BE VIGILANT WHEN YOU DECIDE TO PUT THE POWER OF YOUR ACTIVISM BEHIND A CASE, PLEASE INFORM YOURSELF JUST BECAUSE PEOPLE THROW OUT TERMS LIKE DISPLACEMENT AND GENTRIFICATION DOES NOT MEAN THAT IS, THAT IS ACTUALLY WHAT'S GOING TO HAPPEN.

UM, THAT'S ALL I HAVE TO SAY NOW.

OKAY.

THANK YOU.

OUR ACCOUNTS.

REMEMBER COSAR.

THANK YOU, MAYOR.

AND, UM, I DON'T, UM, I THINK MAYOR PRO TEM COVERED, UH, MOST OF WHAT I WOULD SAY ABOUT THIS, AND I'M SURE IT COUNTS NUMBER HARPER.

MADISON WILL ADD.

I JUST WANT TO, UH, YOU KNOW, SOME PEOPLE HAVE, HAVE ASKED WHETHER OR NOT, UM, THIS WILL INDEED BE 0% AFFORDABLE HOUSING.

NOW.

UM, THE LATEST THAT I HAVE HEARD IS THAT LIKELY THAT THAT SEEMS TO BE THE LIKELIEST OUTCOMES INSTEAD OF 50% AFFORDABLE HOUSING THAT IT'S MOST LIKELY WILL BE 0% INCOME RESTRICTED.

I HOPE THAT'S NOT THE CASE, BUT I EXPECT THAT, BUT THAT IS VERY LIKELY, UM, I, I BELIEVE AND UNDERSTAND THAT THERE WERE A LOT OF PEOPLE CONCERNED ABOUT GENTRIFICATION AND DISPLACEMENT IN MONTOPOLIS, AND I COUNT MYSELF AMONGST THAT GROUP.

AND I THINK EVERYONE ON THE DICE IS CONCERNED ABOUT, UH, DISPLACEMENTS IN MONTOPOLIS AND OTHER NEIGHBORHOODS LIKE IT.

I THINK THAT WE CAN LEARN, UM, AND WE SHOULD REFLECT IF THIS WINDS UP GOING FROM POTENTIALLY 17 INCOME RESTRICTED HOMES TO ZERO AND JUST EXPENSIVE, MORE EXPENSIVE HOMES WE CAN REFLECT AND LEARN FROM THIS.

UM, AND POTENTIALLY ONE FIND OTHER WAYS TO GET INCOME RESTRICTED HOMES THERE EITHER WHEN LAND IS IN PRIVATE HANDS OR TO TRY TO USE OUR HOUSING DOLLARS.

AND SOME OF THE ENERGY WE SAW AROUND THIS CASE TO GET HABITAT FOR HUMANITY OR ANOTHER, UM, OR ANOTHER TRUSTED COMMUNITY PARTNER TO HELP.

BUT IT IS, UM, W IF INDEED WHAT ENDS UP HAPPENING IS MORE EXPENSIVE HOMES ARE BUILT HERE.

IT WILL HAVE BEEN A REAL LOSS, UM, FOR, AND VERY DISAPPOINTING FOR ANY OF US WHO CARE ABOUT AFFORDABLE HOUSING, BECAUSE IT COULD HAVE POTENTIALLY COST THEM THE CITY $0 TO GET, UM, THESE 17 LOWER COST

[01:25:01]

HOMES.

AND, UM, AND THEN OUR SUBSIDIES STILL WOULD HAVE BEEN AROUND TO DO SO MUCH MORE.

SO I DO TH I I'M, I'M CERTAINLY COUNT MYSELF AMONG THOSE DISAPPOINTED IN THIS, UH, AND THIS OUTCOME, IF IT'S, IF IT BEARS OUT THAT, UH, WE WIND UP WITH 0% AFFORDABILITY WITH 52% OR SOMETHING, COUNCIL MEMBER, KITCHEN, UM, I, UH, APPRECIATE WHAT EVERYONE HAS SAID.

I AM HOPEFUL THAT WE CAN WORK WITH OUR HOUSING DEPARTMENT AS COUNCIL MEMBER COSAR JEN, BUT PERHAPS THERE ARE OTHER WAYS TO GET, UH, BETTER OPTIONS IN THIS AREA.

WHAT CONCERNS ME IS THAT, UM, I REALLY WANT US AS A, AS A CITY TO, TO, TO, UM, TO DO EVEN BETTER AND LOOK FORWARD TO, UM, TO CONTINUE TO WORK WITH OUR, OUR HOUSING, OUR, OUR HOUSING DEPARTMENT, UH, PERHAPS THERE ARE SOME OTHER OPTIONS FOR THIS AREA, AND I THINK IT'S IMPORTANT FOR US TO LOOK AT THEM.

UM, I, I DON'T, I APPRECIATE WHAT MY COLLEAGUES ARE SAYING.

UM, FROM MY PERSPECTIVE, WE NEED TO DO BETTER FOR THIS AREA.

COUNCIL MEMBER RAN 30.

YEAH.

CAN YOU HEAR ME NOW? YES, BUT I THINK YOU MIRROR, UH, YES.

UH, WHEN DOES CASE CAME BEFORE? AND I, UH, I SAW, I WAS TELLING TO THE APPLICANT THAT THERE WAS NO WAY THAT THIS WAS GOING TO PASS WITHOUT AFFORDABILITY AND THAT THEY DON'T EVEN BOTHER BRINGING IT BACK TO ME.

AND WHEN I SAW WHAT THEY BROUGHT BACK, IT WAS AMAZING NEWS AFFORDABILITY ON LOT WITH 17 HOME OWNERSHIP, HOUSING THERE, AND HABITAT CALLED ME AND THEY SAID, POE SAID, WE'VE BEEN TRYING TO BUILD SINGLE FAMILY HOUSING.

THERE, THERE IS JUST NO MORE LAND THERE.

THAT'S AFFORDABLE.

WE CANNOT AFFORD TO BUY ANY OF THIS LAND TO BUILD SINGLE FAMILY HOUSING OR FAMILY HOUSING FOR OWNERSHIP.

HE SAID, THAT'S GOING TO BE THE PROBLEM IN THE FUTURE.

AND IF AREA AND W W WE HAVE TO GO BEYOND THE CITY LIMIT NOW TO BUILD AFFORDABLE HOUSING.

AND SO, UH, UH, I WAS, YOU KNOW, I WAS EXCITED ABOUT THIS OPPORTUNITY, BUT IT DIDN'T HAPPEN WHEN I DID TALK TO A COUPLE OF MEMBERS OF THE, UH, ESPECIALLY ONE RESIDENT ON CAMP, YOU KNOW, AND, AND I NOTICED THAT, UH, HE HAD A BAIL NEWS, UH, TWO STORAGE HOUSE THERE THAT WHEN I WAS TALKING TO HIM AND, AND I'M ASKING MYSELF, WELL, HOW DID YOU GET THIS PIECE OF LAND? AND HE SAID, THIS, UH, THIS FAMILY WITH, UH, WAS WANTING TO SAIL BECAUSE HE WANTED TO GO BACK AND TAKE CARE OF HIS DAD, AND THEY WERE AGING THEMSELVES.

SO, UH, HE, HE SAID THEY HAD GOTTEN INTO A BAD DEAL, AND I HELPED HIM OUT.

AND I PAID, PAID THEM TWICE AS MUCH AS THEY WERE ASKING FOR.

AND I WAS VERY ALARMED ABOUT THAT.

I'LL SAY, WHOA, WAIT A MINUTE.

I MEAN, YOU'RE PAYING TWICE AS MUCH FOR THE LAND VALUE.

AND IF THAT COMES OUT, YOU KNOW, EVERYBODY'S SLOT GOING TO BE GOING UP THERE.

AND AS SOON AS THEY BUILT THOSE HOUSES, THEY'RE SINGLE FAMILY HOUSING ON WHAT HABITAT SAID ARE HUGE JULY HOTS.

I SAID THAT JUST GOING TO BE A CALL FOR MORE AFFORDABLE OR MORE HIGH IN HOUSING THERE.

SO, UH, YOU KNOW, THIS IS A VERY CONCERNING TO ME, BUT, YOU KNOW, THE MISINFORMATION THAT WAS COMING IN, I, I WAS TELLING MYSELF, THIS IS REALLY NOT WORTH GOING THROUGH THAT.

IT'S TO THESE PEOPLE ARE, ARE REALLY GONNA BE, UH, UH, REALLY LEAVING, UH, THE, UH, THE LOW-INCOME PEOPLE OUT ON TOP, AS THIS GETS DEVELOPED FURTHER ON AND FURTHER ON.

I JUST SEE IT.

SO, YOU KNOW, WE'RE GONNA, WE LOST A GREAT OPPORTUNITY THERE.

YEAH.

OKAY.

THANK YOU.

ANYONE ELSE, COUNSELOR FLANIGAN? NO, THANK MY COLLEAGUES FOR THEIR COMMENTS AND DEFINITELY CONFIRM AND, AND SHARE THOSE SAME FRUSTRATIONS.

YOU KNOW, I THINK WE HAVE TO BE CLEARER HOW WE'RE GOING TO DO THIS IN THE FUTURE AND DEVELOPERS WHO ARE OPERATING IN, IN, IN THIS AFFORDABILITY UNLOCKED OR INCOME RESTRICTED MODEL, WHERE THEY'RE NOT GETTING A SUBSIDY FROM THE CITY.

I DON'T, WE HAVE TO BE CLEAR WHAT THE PATH IS FOR THAT BECAUSE OF THE ANSWER TO EVERY ZONING CASES WHILE WE WANT MORE.

I MEAN, OBVIOUSLY THERE THERE'S A POINT AT WHICH THE MATH DOESN'T WORK.

SO WE HAVE TO HAVE

[01:30:01]

A BETTER MODEL.

WE HAVE TO HAVE A BETTER WAY TO DO THIS, OR WHAT WE'LL FIND IS NO DEVELOPERS WILL PROVIDE ANY AFFORDABLE HOUSING WITHOUT REQUIRING SUBSIDY.

AND WE COULD NEVER SUBSIDIZE ALL OF THE HOUSING WE NEED.

WE NEED TO SPEND THE SUBSIDIES WE'VE GOT VOTER APPROVAL FOR, AND WE NEED TO DO THAT FASTER.

AND I COMMIT TO WORKING HARDER ON, ON DOING THAT, ENSURING THAT CITY OWNED LAND AND THEY'RE AFFORDABLE HOUSING BONDS, AND OTHER DOLLARS ARE SPENT FACTOR BECAUSE THE LONGER WE WAIT, THE LESS WE'LL GET FOR THOSE DOLLARS, BUT AT THE SAME TIME, WE NEED TO BE CLEARER WITH THE COMMUNITY, HOW WE'RE GOING TO MAKE THESE DECISIONS.

BECAUSE IF THE ONLY ANSWER WE EVER PROVIDE IS, WELL, WE SHOULD BE ABLE TO DO MORE THAN WE'RE NOT GOING TO GET ANYTHING.

AND I THINK CAMP UNFORTUNATELY IS THE FIRST IN A SERIES OF THESE SITUATIONS THAT WE'RE GOING TO BE FACED.

OKAY.

CAN'T REMEMBER IT.

I AGREE WITH THE SENTIMENTS THAT MY COLLEAGUES HAVE SHARED SO FAR, SO I'LL BE BRIEF, BUT IT'S JUST INCREDIBLY SAD TO SEE SOMETHING THAT COULD BE 50% AFFORDABLE OWNERSHIP GET WITHDRAWN, BECAUSE IT CAN'T MAKE IT THROUGH THE COUNCIL.

IT'S, IT'S VERY DISAPPOINTING.

AND, AND I WOULDN'T BE SURPRISED IF IT INTO THAT BEING BIG SINGLE FAMILY HOMES.

AND I DON'T THINK THAT'S GOING TO ASSIST WITH AFFORDABILITY ON THE EAST SIDE.

I JUST, I JUST DON'T THINK THAT'S THE WAY.

SO IT IS AN INCREDIBLY SAD DAY.

I HADN'T INTENDED TO COMMENT BECAUSE I KNOW WE'VE LIMITED PUBLIC CONVERSATION ON THIS OR TODAY, BUT I DO WANT TO SAY THE COUNCIL STUDENT WROTE ON IT ON SECOND READING, WE VOTED ON IT ON FIRST READING.

AND THERE'S CONSIDERABLE CHANGES THAT HAPPEN.

READING TO READING AS A CASE GOES THROUGH THE COUNCIL.

AND SO I JUST, I WENT TO, UM, BECAUSE ONE OF MY COLLEAGUES DID SAY IT COULDN'T MAKE IT COUNCIL.

I WANT TO BE VERY FAIR WITH THE PUBLIC.

THAT'S NOT WHAT HAPPENED HERE.

WHAT HAPPENED HERE IS THAT AT OUR LAST ON THE SECOND MEETING, THERE WAS A REQUEST FROM SEVERAL ALMOST ASKED FOR POSTPONEMENT.

WE VOTED ON THAT PERSON ON IT AND THE OWNER OF THE PROPERTY WITH DO THE APPLICATION.

SO THAT'S, THAT IS HOW WE ARE IN A POSITION, RIGHT? AND OBVIOUSLY THERE WAS A LOT OF PUBLIC CONCERNS AND WHATNOT, BUT IN TERMS OF WHAT HAS ACTUALLY TRANSPIRED, THAT IS THAT WITH THE PROCESS, I REALLY JUST START IT BACK AND FORTH HERE, BUT MY FRUSTRATIONS AND WANTING TO DISCUSS THIS WAS IN ACCURACIES AND MISCHARACTERIZATIONS, AND I HOPE WE'RE NOT GOING TO START DOING THAT AMONGST OURSELVES, BECAUSE IT IS NOT IN FACT TRUE THAT IT WAS SIMPLY ON SECOND RATING THAT THEY ASKED FOR A POSTPONEMENT.

THEY ASKED FOR A POSTPONEMENT.

AND IN FACT, WE WERE ALL CONCERNED ABOUT THE POSTPONEMENT BECAUSE IT WAS CLEAR, THERE WERE NOT NINE VOTES.

IF IT WAS CLEAR THAT THERE WERE NINE VOTES TO PASS A VALID PETITION, WE WOULD NOT BE HAVING THIS DISCUSSION RIGHT NOW.

SO LET'S PLEASE NOT MISCHARACTERIZE THE TRUTH.

THERE WERE NOT NINE VOTES TO PASS THIS.

IF THERE WERE, IT WOULD HAVE PASSED, WE WOULDN'T BE HERE.

IT WAS BECAUSE OF THE ACTION OF THIS COUNCIL.

THE CASE HAS BEEN WITHDRAWN.

WE DON'T KNOW WHAT'S GOING TO HAPPEN.

IT'S LOOKING LIKE THERE WILL BE MARKET RATE, SINGLE FAMILY HOMES ON GIANT.

YEAH.

LET'S GIVE PEOPLE A CHANCE WHO HAVEN'T HAD A CHANCE TO SPEAK YET.

COUNCIL MEMBER, HARPER, MADISON.

THANK YOU.

UM, I APPRECIATE THE CONTRIBUTIONS OF ALL MY COLLEAGUES AS FAR.

UM, I WILL MONITOR MY CONTRIBUTION TO THE DISCUSSION IF FOR NO OTHER REASON.

I THINK ONE OF THE THINGS THAT THE AIR PRETEND WAS JUST TRYING TO ESTABLISH WAS WE CANNOT FIND OURSELVES IN A POSITION WHERE WE, AS THE BODY ARE NOT IN AGREEMENT WITH WHAT THE TRUTH IS.

SO WE ARE NOT ALWAYS IDEOLOGICALLY ALIGNED.

AND THAT'S THE BEAUTY OF HAVING A BODY LIKE OURS.

THE BEAUTY IS I RESPECT.

I APPRECIATE, AND I BELIEVE THAT ALL OF MY COLLEAGUES CONTRIBUTE IN A WAY THAT THEY BELIEVE IS THE APPROPRIATE WAY FORWARD.

I APPRECIATE ALTAR KITCHEN, PU GARZA COSAR, ENDLESS, UH, ADLER FLANAGAN.

I, I APPRECIATE THE CONTRIBUTIONS OF THE THREE THAT I NOTED THE NAME BY NAME, BUT I APPRECIATE THE FACT

[01:35:01]

THAT WE ALL ARE CONTRIBUTING TO THIS PROCESS BY WAY OF OUR CLEAR COMMITMENT TO OUR COMMUNITIES.

I DON'T, FOR ONE MINUTE, BELIEVE THAT THERE'S A PERSON ON THIS BODY THAT IS DOING AND ARE SAYING A THING THAT THEY DON'T BELIEVE IS THE APPROPRIATE WAY FORWARD.

THAT THEY'RE NOT MOVING WITH INTEGRITY.

I KNOW HOW HARD THIS JOB IS.

AND I THINK ALL OF MY COLLEAGUES DO THIS HARD, HARD JOB IN A WAY THAT THEY THINK IS THE APPROPRIATE PATH FORWARD.

NOW, WHETHER OR NOT WE AGREE ALL THE TIME.

WE GET TO QUESTION THAT WE GET TO HAVE OUR CONSTITUENTS RECOGNIZE THAT THE BEAUTY OF WHAT WE SHOULD BE PRODUCING, WHICH IS A DIVERSITY OF THOUGHT MEANS WE WON'T ALWAYS AGREE.

I THINK THIS WAS A BAD CALL.

I THINK I'M WATCHING PEOPLE CELEBRATE ON SOCIAL MEDIA.

THEY THINK THEY WON.

I THINK THEY LOST, I THINK THE COMMUNITY LOST ON CAMP.

I THINK US AS A BODY, WE LOST ON KIM.

IF FOR NO OTHER REASON, RECOGNIZING WHAT HAPPENS, WHAT COULD HAVE HAPPENED AND THEN SUBSEQUENTLY WHAT DID HAPPEN AND THEN WHAT WILL CONTINUE TO HAPPEN IF WE DON'T UTILIZE TOOLS LIKE AFFORDABILITY UNLOCKED.

IF WE HAVE THE GENERAL COMMUNITY NOT BUY INTO AND UNDERSTAND THAT AS STAKEHOLDERS, THIS IS A BRILLIANT OPPORTUNITY.

I APPRECIATE THE TIME THAT STAFF SPENT WORKING ON THIS WITH MY OFFICE, WITH MY COLLEAGUES, IF YOU DON'T MIND, I HAVE A ADDITIONAL, A FEW ADDITIONAL QUESTIONS.

UM, AND SO AS OPPOSED TO DOING WHAT I OTHERWISE WOULD DO Y'ALL KNOW I'M LONG-WINDED, I WON'T DO THAT, BUT I WILL DO THIS.

I WILL SAY, ARE THERE PEOPLE WHO CAN SPEAK TO THESE QUESTIONS? AND IF SO, THE Q AND A STATES, AN EQUITABLE, EQUITABLE PURCHASE FOR THE HIGH DENSITY DOWNTOWN AREA, WOULD STAFF MIND EXPANDING ON THAT FOR ME? SO WE'RE, WE'RE NOT SET TO DISCUSS THIS TODAY WITH THE MATTER BEING WITHDRAWN.

SO I THINK RATHER THAN US BRINGING UP STAFF AND CONSIDERING IT, EVERYBODY GETS A CHANCE TO MAKE A STATEMENT.

THEN I JUST MAKE A STATEMENT.

OKAY.

SO THEN I STATEMENT WOULD BE SOMETHING ALONG THE LINES OF, I THINK WE WERE FULLY PREPARED AND POSITIONED TO HAVE THE OPPORTUNITY HERE TOO.

WHAT WOULD HAVE YIELDED 33 UNITS, 17 OF WHICH WOULD HAVE BEEN AFFORDABLE AT 60 TO 80%.

MFI WILL NOW BE 10 UNITS ON FIVE LOTS WITH NO AFFORDABLE UNITS.

YES.

I THINK WITH ZONING CASES LIKE THIS ONE COUNCIL IS FACED WITH THE DECISION TO EITHER APPROVE THE ZONING REQUESTS, OR WE'LL HAVE TO FIGURE IT OUT FROM A COMMUNITY BENEFIT PERSPECTIVE.

DO WE MAINTAIN EXISTING ZONING? DOES THAT RESULT IN A PROJECT THAT HAS FAR MORE EXPENSIVE HOMES, NO COMMUNITY BENEFIT AND ENSURE THAT THEY ARE IN FACT, WHAT WE WERE TRYING TO FIGHT AGAINST, WHICH IS GENTRIFICATION.

THE DEVELOPERS WERE ATTEMPTING TO MOVE FORWARD AND BUILDING WHAT IS ALLOWED ON THE LAND.

BUT ONLY BECAUSE WE FORCED THEM TO THIS CASE BREAKS MY HEART, NOBODY WON PROPERTY TAXES ARE BASED ON THE VALUATION OF LIGHT STRUCTURES, MAINTAINING THE EXISTING ZONING AND BUILDING NEW SINGLE FAMILY HOUSES WILL CAUSE THE PROPERTY TAXES OF EXISTING FAMILY HOUSES IN THIS NEIGHBORHOOD TO RISE.

IT MEANS THAT EXISTING RESIDENTS WILL CONTINUE TO BE PUSHED OUT.

IT MEANS THAT THIS HISTORICALLY WORKING CLASS NEIGHBORHOOD WILL CONTINUE ON ITS TRAJECTORY OF BECOMING INACCESSIBLE TO YOUNG FAMILIES, WORKING CLASS RESIDENTS, THE CREATIVE CLASSES AND COMMUNITIES THAT COLOR.

THERE'S NOTHING WRONG WITH CHERISHING YOUR NEIGHBORHOOD, BUT TOGETHER AS A COMMUNITY, AWESOME, WE'LL DECIDE WHO'S INCLUDED AND WHO'S LEFT OUT ZONING FOR MORE HOMES OPENS ACCESS TO OPPORTUNITY, TO CONVENIENCE,

[01:40:01]

TO QUALITY OF LIFE, TO SCHOOLS, TO JOBS, TO COMMUNITY INVESTMENTS LIKE TRANSIT.

WHEN EXCLUSIONARY ZONING IS MAINTAINED, DEMOLITIONS AND FLIPS STILL OCCUR, THEY JUST TURN TO $300,000 SINGLE FAMILY HOUSE INTO A 700,000 SINGLE FAMILY HOUSE.

IT'S GENTRIFICATION AND ITS PUREST FORM ONE TO ONE REPLACEMENT OF WORKING PEOPLE FOR WEALTHY PEOPLE.

THE REALITY IS THAT AUSTIN IS A DESIRABLE PLACE TO LIVE.

THERE'S ONLY SO MUCH LAND TO GO AROUND.

THE RARER BUILDABLE LAND BECOMES AS OUR CITY GROWS.

THE MORE EXPENSIVE THAT, AND SUBSEQUENTLY HOUSING WILL BE, I DON'T KNOW ABOUT Y'ALL, BUT I'M NOT INTO THE IDEA OF BUILDING WALLS.

THERE'S NOT ENOUGH ROOM IN THIS TOWN FOR ALL OF US, OR THERE IS RATHER ENOUGH ROOM FOR ALL OF US, BUT WE HAVE TO BE WILLING TO ACCOMMODATE NEW NEIGHBORS, ZONING LAWS THAT MAKE IT ILLEGAL, TO CONSTRUCT NEW HOMES, TO ACCOMMODATE MORE NEIGHBORS ON SMALLER, LOTS CONTRIBUTES TO BOTH CLIMATE DESTRUCTIVE, FRO AND GENTRIFICATION.

AND I'D LIKE, FRANKLY, TO THANK MY COLLEAGUES WHO TOOK THE OPPORTUNITY TO SEE THINGS THAT PEOPLE ARE GOING TO TAKE YOU TO TASK FOR.

BUT THEY HAVE CONSISTENTLY BEEN THE VOICE OF REASON SURROUNDING THESE DIFFICULT CONVERSATIONS AROUND HOUSING.

WE STILL HAVE A LOT OF WORK TO DO, BUT I KNOW THAT TOGETHER WE WILL EVENTUALLY ACHIEVE AN AUSTIN THAT HAS EQUITABLE, EQUITABLE LAND USE PRACTICES, LAND USE PRACTICES THAT AIM TO KEEP CURRENT RESIDENTS IN THE AREA AND DEVELOP PROJECTS THAT PROMOTE PEOPLE'S HEALTH, WELL-BEING PROSPERITY AND ALLOW FOR A MORE SUSTAINABLE AND AFFORDABLE FUTURE.

BUT IF WE ARE NOT AS A BODY, AS A COMMUNITY OPEN TO HAVING THIS CONVERSATION WITH ONE ANOTHER AND WHAT OUR DECISIONS ULTIMATELY MEAN FOR PEOPLE, I GOTTA TELL YOU, I, I WILL SHAKE MY HEAD AT THIS PROCESS BECAUSE WE HAVE GOT TO BE A BETTER BODY.

WE'VE GOT TO BE A BETTER BODY.

AT WHAT POINT DO WE SAY, DO WE WANT IT? OR DON'T WE, AT WHAT POINT DO WE ALL MAKE THE COMMITMENT TO BUILDING MORE HOUSING FOR MORE PEOPLE AND ALL PARTS OF THIS CITY AND NOT HAVE ANOTHER OPPORTUNITY LIKE THIS ONE PASSES BY.

I LITERALLY, I HAVE 13, I'VE DECIDED I'M NOT GONNA READ THEM OFF.

I'M GOING TO CUT MYSELF OFF, BUT I HAVE 13 THAT I COULD PRESENT TO YOU.

THAT COULD HAVE BEEN AMAZING.

LIKE A KEMP OVER 50% OF THE HOUSING WOULD HAVE BEEN AFFORDABLE TO REGULAR FIBULAR PEOPLE TAPPING OFF AT TWO 35.

I HAVE SO MANY EXAMPLES OF THAT.

AT WHAT POINT DO WE, AS A BODY RECOGNIZE WE CAN BUILD MORE HOUSING FOR MORE PEOPLE IN THE WHOLE CITY OR NOT.

THAT'S THE PART WHERE I LOVE THE DIVERSITY OF THOUGHT ON THIS COUNCIL, BUT WE'RE ALL GOING TO HAVE TO MAKE A MINDFUL, THOUGHTFUL, DELIBERATIVE CONTRIBUTION TO THE PROCESS AND SAY, WE WANT MORE HOUSING OR WE DON'T PERIOD.

I THINK YOU'RE MUTED MAYOR.

THANK YOU, COUNCIL MEMBER ALTAR.

SO I, I APPRECIATE, UM, ALL OF THE VOICES AND ALL OF THE CONCERNS.

UM, I DO BELIEVE THAT WE NEED TO HAVE THE RECORD MOTION WAS MADE TO POSTPONE THIS ON WHAT COULD HAVE BEEN SECOND READING AND IT WAS POSTPONED.

AND THAT POSTPONEMENT THAT WAS SUPPORTED BY THE VERY PEOPLE WHO ARE CRITICIZING THE REST OF US IS WHAT LED THE DEVELOPER TO CHOOSE NOT TO DO THIS.

UM, WE DO NOT GET TO GUARANTEE AFFORDABLE HOUSING.

IT IS A CHOICE.

THE DEVELOPER GETS TO USE UNFORMED ABILITY

[01:45:01]

FOR DEBILITY UNLOCKED OR NOT.

AND THAT'S TRUE, WHETHER IT'S SF THREE OR WHETHER IT'S SF ABOUT HOUSING, WE DIDN'T GET A CHANCE TO VOTE.

SEVERAL OF US WERE VERY UPFRONT THAT WE WERE CONCERNED ABOUT A SITUATION WITH AFFORDABILITY ON LOCK, WHERE WE WERE ADDING TO THE ZONING LEVEL OF WHAT COULD BE DONE IN THAT AREA.

ON THE PREMISE THAT IT WOULD BE THAT AFFORDABILITY ON LAP WAS USED.

WE RECEIVED A RESTRICTIVE COVENANT AT MY OFFICE, DID AT LEAST THE NIGHT BEFORE THE COUNCIL MEETING AND WAS NOT TOLD UNTIL THE MIDDLE OF THE MORNING ON THURSDAY, THAT LEGAL COULD NOT VERIFY WHETHER THE COVENANT WAS ACTUALLY DOING WHAT WE WERE TOLD IT WAS DOING OR NOT THAT THEY WOULD NOT COMMENT.

AND I THINK IT IS IMPORTANT TO UNDERSTAND THAT THOSE OF YOU WHO ARE SAYING THAT YOU ARE VOTED IN WHAT WE WOULD HAVE DONE, DIDN'T HAVE THE COURTESY TO ASK US WHAT OUR CONCERNS WERE WITH THE EXCEPTION OF ONE PERSON WHO HAPPENED TO BE MR. COSAR, WHO THEN WENT AHEAD AND DID THE POSTPONEMENT, WHICH WAS A SHOCK TO ME WHEN THAT HAPPENED.

AND I THINK THAT WE HAVE TO DO A BETTER JOB OF LISTENING TO ONE ANOTHER.

WE HAVE TO DO A BETTER JOB OF TRYING TO REACH ACROSS VARIOUS, JUST A FEW WEEKS EARLIER, I VOTED AGAINST A VALID PETITION TO PLACE DENSITY ON, IN WHAT MR. FLANAGAN CALLED WEST AUSTIN.

IT IS POSSIBLE TO REACH AGREEMENTS WHERE YOU GET NINE, BUT IT REQUIRES US TO LISTEN TO ONE ANOTHER.

IT REQUIRES US TO NOT ASSUME THINGS ABOUT OTHER PEOPLE AND WHERE THEY'RE COMING FROM.

IT REQUIRES US TO LISTEN TO EACH OTHER.

I HAD A ZONING CASE IN MY DISTRICT, A SIMPLE ZONING CASE THAT WAS DERAILED WITHOUT COLLEAGUES EVEN GIVING THE SIMPLE COURTESY OF SPEAKING TO THE APPLICANT OR WITH ME ABOUT THEIR CONCERNS.

IT WASN'T A BIG CASE FOR ME, BUT IT THERE'S THIS OUT OF COLLEGIALITY THAT IS MISSING RIGHT NOW AND THAT IF WE WANT TO SOLVE THE PROBLEMS AND WE WANT TO DO THIS, WE OUGHT TO LISTEN TO ONE ANOTHER AND REALLY THINK THROUGH THINGS.

BECAUSE AGAIN, I WILL GO BACK TO WHAT, UM, COUNCIL MEMBER TOVO SAID AND REPEAT THAT THIS WAS POSTPONED ON SECOND READING.

WE HAD A CHOICE OF TAKING A VOTE ON SECOND READING THAT WAS NOT THE WILL OF THE MAJORITY.

AND THAT IS A FACT.

AND YOU CAN ASSUME ALL YOU WANT, BUT IF YOU DON'T TALK TO US, PLEASE TELL ME HOW, YOU KNOW, WE'RE GOING TO, HOW WE'RE GOING TO VOTE AND WHAT WE'RE THINKING AND WHAT WE'RE TRYING TO FIGURE OUT.

COUNCIL MEMBER, KITCHEN, AND THEN COUNCIL MEMBER FLANAGAN.

I WANT TO CIRCLE BACK AROUND TO WHAT COUNCIL MEMBER FLANAGAN SAID, BECAUSE I THINK HE'S, UM, ON POINT, I THINK THAT WE NEED TO HAVE A SETTING.

AND I THINK, UH, COUNCIL MEMBER MEDICINE, UH, HARPER MEDICINE IS ALSO THAT WE NEED TO HAVE A CONVERSATION.

I WOULD LIKE TO HAVE THAT CONVERSATION IN A SETTING WHERE WE CAN TALK WITH, UM, OUR EX OUR EXPERTS AT, IN HTD, WHERE WE CAN TALK THROUGH WHAT WE CAN AND CAN'T DO, UM, IN TERMS OF, OF HOUSING AND ALSO WHERE WE CAN TALK THROUGH HOW WE CAN THINK CREATIVELY BEYOND THAT BOX THAT WE, THAT SOMETIMES WE FIND OURSELVES IN.

SO THIS IS NOT THE SETTING TO DO THAT BECAUSE WE DON'T HAVE OUR STAFF HERE.

AND WE'RE ALSO TALKING ABOUT ONE CASE.

THIS IS NOT ABOUT JUST ONE CASE.

SO IT IS ABOUT, IT IS ABOUT THE CONSTRAINTS THAT WE FIND OURSELVES IN.

AND IT WAS ABOUT THE DESIRE OF ALL OF US TO TRY TO DO, DO MORE WHEN WE CAN.

AND SO, FROM MY PERSPECTIVE, WHEN I LOOKED AT THIS CASE, I THOUGHT, WELL, I WOULD REALLY LIKE TO DO BETTER ON THIS CASE.

AND SO, YOU KNOW, YOU KNOW, MAYBE THAT WAS, THAT'S WHAT I WANTED TO HAVE THE TIME FOR TO HAVE THAT CONVERSATION, BECAUSE I HEARD THOSE PEOPLE THAT WERE LIVING ALONG CAMP.

AND I WAS THINKING, YES, I AGREE WITH WHAT EVERYONE IS SAYING.

THAT, UM, THAT THE KIND OF AFFORDABLE HOUSING PRESENTED TO US IS, IS BETTER THAN NO AFFORDABLE HOUSING, BUT I WAS NOT CONVINCED THAT WE STUCK WITH THAT KIND OF CHOICE.

AND, UM, AFTER THIS, AFTER, YOU KNOW, AFTER THAT MEETING, I CALLED IN HCD AND TALK TO THEM ABOUT THIS AND I WANT TO, AND I SAID, WHY CAN'T

[01:50:01]

WE BUY THAT LOCATION? WHY CAN'T WE DO SOMETHING ELSE TO HELP THOSE OTHER FOLKS THAT ARE LIVING ALONG THAT STREET? WHY CAN'T WE THINK MORE CREATIVELY? SO AGAIN, I TRUST AS OTHERS HAVE SAID, I KNOW THAT EVERYBODY HERE, EVERY SINGLE PERSON HERE CARES ABOUT HOUSING.

WE HAVE DONE MUCH MORE AS A COUNCIL IN RECENT YEARS, AND I'M VERY PROUD OF WHAT WE'VE DONE IN RECENT YEARS.

UM, AND I JUST WANT US TO CONTINUE THAT.

AND I WANT US TO HAVE A CONVERSATION.

I WANT US TO DO THE KIND OF THING THAT LOTS OF MEMBERS, I THINK I'VE HEARD COUNCIL MEMBER LANIGAN SAYING, OR AT LEAST MY TAKEAWAY FROM IT WAS THAT, UM, SO, SO, SO LET'S, LET'S GET SOME, LET'S HAVE SOME SPACE TO HAVE A CONVERSATION AND GET CLEARER.

UM, AND THEN I RESPECT WHAT EVERYBODY FELT WAS THE APPROPRIATE THING TO DO HERE.

AND, YOU KNOW, WE DIDN'T ALL AGREE ON THAT AND THAT'S OKAY.

ANYONE ELSE WANT TO ADDRESS THIS ISSUE BEFORE WE MOVE ON NEXT? THANK YOU, MAYOR.

IT'S WEIRD TO BE GOING BACK AND TRYING TO REWRITE HISTORY.

UM, I HOLD THE CAMP CASE ON TUESDAY, WE WORK SESSION SO THAT THERE WOULD BE A PLACE WHERE WE COULD TALK AS A GROUP, BECAUSE OBVIOUSLY WE CAN'T TALK IN PRIVATE, OUTSIDE OF A SUB FORUM.

WE ALL KNOW THAT MOST OF THE PUBLIC KNOWS THAT YOU HAVE TO DO IT IN BURST SESSION.

AND, UH, NOBODY, UH, UH, WELL, I WILL JUST SAY ONLY SEVEN PEOPLE SPOKE IN SUPPORT AND WE DIDN'T HEAR ON TUESDAY, ANY CONCERNS FROM ANY OTHER COUNCIL MEMBERS TO SAY WHAT IT WOULD TAKE TO SAY WHAT THEY WANTED TO SEE TO SAY WHAT THEY WANTED TO DO DIFFERENTLY.

SO I APPRECIATE THE INDIGNATION, BUT I DON'T THINK THAT IT'S ACCURATE BECAUSE THE OPPORTUNITY WAS AFFORDED TO HAVE THAT CONVERSATION.

THE SPACE WAS CREATED TO LISTEN AND NOTHING WAS OFFERED.

OKAY.

YOU READY TO MOVE ON TO CLOSEST APP? IF I MAY MAKE HER REAL QUICK, JUST TO BE CLEAR, UM, AS WE'RE HAVING THIS CONVERSATION, I DON'T WANT IT TO SOUND LIKE THIS LANDED IN THE LAP SQUARELY OF THE COUNCIL.

THE TRUTH OF THE MATTER IS THE BANK WOULD NOT EXTEND ANOTHER EXTENSION.

THE BANK SAID, NO, THEY COULDN'T GO FORWARD WITH THE PROCESS THAT WAS GOING TO PRODUCE OVER 50% OF AFFORDABLE HOUSING BECAUSE THE BANK SAID, NO, WE'VE EXTENDED AS MUCH AS WE CAN.

I JUST WANT TO MAKE SURE TO CLEAR ABOUT THE FACTS HERE.

THERE'S OBVIOUSLY SOMETHING IN THE WAY OF LIKE CONTENTION.

UM, AND I'M OKAY WITH THAT.

I THINK IT'S BEAUTIFUL.

I THINK THE FACT THAT WE GET TO HAVE THIS LEVEL OF DIVERSITY OF THOUGHT IS EXACTLY WHAT PEOPLE WANT FROM THEIR MUNICIPAL GOVERNMENT.

THIS IS HOW YOU WANT IT TO GO.

IF WE ALL AGREE WITH EACH OTHER ALL THE TIME, GUESS WHAT THAT MEANS.

ECHO CHAMBER MADNESS.

WE DON'T WANT THAT.

WE WANT PEOPLE TO HAVE DIFFERENCES OF OPINION.

WE WANT PEOPLE TO HAVE DIFFERENCES IN THE WAY OF WHAT OUR TAKEAWAY FROM THIS PARTICULAR SCENARIO WAS.

I WILL JUST SAY IT WASN'T A MATTER OF THE SECOND VOTE.

THE THIRD VOTE, THE WHATEVER VOTE THE BANK SAID, NO, THAT'S IMPORTANT FOR THE GENERAL PUBLIC TO UNDERSTAND THE BANK SAID, NO, WE WILL NOT EXTEND ANOTHER OPPORTUNITY FOR YOU TO GO BACK TO COUNCIL AND GET WHAT YOU NEED.

AND NOW, NOW WHAT WE GET IS FIVE LOTS, 10 UNITS, EXPENSIVE UNITS, AND THE COMMUNITY DID NOT WIN PERIOD.

YEAH.

OKAY.

ALL RIGHT.

WITH THAT GUYS, THE CONSENT AGENDA FOR ZONING IS IN FRONT OF US.

UH, IS THERE, I DON'T KNOW IF WE GOT A MOTION YET ON THE CONSENT AGENDA.

LET ME ASK FOR ONE, IS THERE A MOTION ON THE CONSENT AGENDA COUNCILOR IN POOL MAKES IT COUNCIL MEMBER ELLIS SECONDS AND DISCUSSION.

THAT WAS A FAVOR.

THAT CONSENT ZONING AGENDA COUNCIL CAN'T REMEMBER.

PAUL, DID YOU WANT TO SAY SOMETHING THOSE IN FAVOR, PLEASE RAISE YOUR HAND.

THOSE OPPOSED TO UNANIMOUS ON THE DYESS AND EVERYBODY'S HERE SO THEY CAN SEND AGENDAS PAST.

I GETS US,

[20. Authorize negotiation and execution of all documents and instruments necessary to acquire in fee simple 0.214 acres being a portion of Lots 12, 13, and 14, Block F of the Raymond Subdivision, a part of Outlot 2, Division Z, an addition in the City of Austin recorded in Volume 2, Page(s) 129 of the Plat Records of Travis County, Texas, located at 702 Wood Street, Austin, Texas and owned by Beau Soleil Austin, LLC, a Texas limited liability company, for a total purchase price not to exceed $1,174,250, including closing costs.]

THEN LET'S CALL OUT ITEM NUMBER 20 A, WHICH IS THE PARD, UH, ITEM.

UH, IS THERE A MOTION FOR APPROVAL? COUNCILMEMBER TOVO MAKES THE MOTIONS OR SECOND TO THE MOTION.

UH, COUNCIL MEMBER, AUTHOR, SECOND SET.

UH, AND THE DISCUSSION ON THIS ITEM,

[01:55:01]

COUNCIL MEMBER FLANIGAN, YOU PULLED IT.

SORRY.

MY EAR ON MY WEBEX IS REALLY SLOW ON MY LAPTOP FOR SOME REASON.

UM, THIS MCNEELY, ARE YOU WITH US? YES, SIR.

THANK YOU.

UM, I WAS LOOKING AT THE PARKLAND DEDICATION, UM, PROCESS THAT WOULD DETERMINE THIS SITE IN TERMS OF PRIORITY.

AND IT'S NOT CLEAR IF THE, THE STANDARDS THAT ARE USED TO DETERMINE THIS, WHICH THERE'S LIKE THIS FOUR PART WATERFALL TEST, RIGHT WHERE IT'S LAND AND THEN IN A CLOSE AREA AND THEN LANDING THE TWO MILE RADIUS AND THEN LAND IN THE WHOLE PARK SERVICE AREA.

AND THEN FINALLY THE FOURTH ITEM IS, UH, RECREATIONAL AMENITIES OR IMPROVEMENTS THAT EXISTING PARKS.

IS THAT PART OF THE COUNCIL ADOPTED ORDINANCE OR IS THAT PART OF A STAFF RULE SETTING PROCESS? UM, I CAN TELL YOU THIS.

I HAVE TO LOOK UP THE ACTUAL ORDINANCE COMES TO MY MIND.

IT'S NOT BECAUSE I WASN'T TRYING TO BE OKAY, BUT I CAN TELL YOU THAT THERE IS A, THERE IS A PROXIMITY PRINCIPLE, RIGHT? SO IN CASE LAW, BASICALLY WHAT IT SAYS IS, IS THAT WHEN YOU ARE PURCHASING, YOU ARE GOING TO HAVE A PARKLAND DEDICATION ORDINANCE.

YOU NEED TO DO THINGS WITHIN THE PROXIMITY OF THE SPACE, WHICH THE DEVELOPERS ARE PAYING THE PARKLAND DEDICATION FEES.

SO RESIDENTS WITH THAT SPACE, UM, ARE ABLE TO, UM, TO ENJOY OR TO ACCESS THAT SPACE.

I CAN TELL YOU THAT WITHIN THE ORDINANCE, YES, THERE IS, OR AWARDS IN WITHIN THE PROCEDURES.

I WOULD HAVE TO LOOK IT UP THAT IT DOES SAY A HALF MILE.

IT DOES SPECIFICALLY THEN SAY TWO MILES THEN DOES SAY WITHIN A CERTAIN TIMEFRAME.

IT THEN DOES SAY, IF YOU CANNOT DO IT WITHIN THAT TIMEFRAME AND YOU CAN'T DO IT WITHIN THAT SPACE, THEN THERE'S OTHER OPTIONS FOR, UM, THE AMENITIES.

AND SO LAYERED ON TOP OF, ON TOP OF THAT IS THE LAYERS OF, OF THE OTHER KINDS OF CRITERIA THAT WE PUT ON TOP OF THAT.

BUT YOU'RE NOT ASKING ME, YOU'RE ASKING ME SPECIFICALLY ABOUT THE ORDINANCE.

YEAH.

AS I'M JUST TRYING TO FIGURE OUT IF THE PROCESS THAT STAFF USES IS A STAFF CREATED PROCESS OR A COUNCIL CREATIVE PROCESS, UM, IN, IN READING THROUGH IT AND THAT THOSE ARE HOME OR TRYING TO FIND IT IT'S, UH, CODE SECTION 14, THREE 11.

UM, YOU CAN GO AND SEE THE FOUR STEP PROCESS.

UM, AND IT STARTS WITH THAT.

THE FEES MUST BE USED WITHIN THE SERVICE AREA, WHICH THEN LED ME DOWN A RABBIT HOLE OF, WELL, HOW ARE THE SERVICE AREAS DEFINED? AND THEN I WENT INTO THE LONG RANGE MASTER PLAN AND I SEE HOW THE PARK PLANNING AREAS ARE DEFINED.

AND, AND SO I, YOU KNOW, MY CONCERN, MY CONCERN WITH THIS AND, AND, YOU KNOW, I DON'T KNOW THAT IT'S THE SAME CONCERN THAT ANY OF MY COLLEAGUES MAY HAVE HAD.

BUT MY, MY CONCERN GENERALLY IS ABOUT THE PROCESS BY WHICH WE WERE PRIORITIZING THE SPENDING OF DOLLARS AND WHETHER OR NOT WE'RE SPENDING THE DOLLARS WITH WHATEVER THE NEXT THING IS A PATH OF LEAST RESISTANCE, OR IF WE'RE REALLY DOING A MORE THOUGHTFUL PRIORITIZATION.

SO I DON'T, I DON'T NECESSARILY HAVE A DEBATE WITH STAFF BECAUSE I THINK I UNDERSTAND THE PROCESS YOU USED AND WHERE I GET STUCK IN THAT FIRST ONE, WHERE IT SAYS, UH, LOCATED WITHIN A HALF, HALF MILE RADIUS, IF IT'S DEFICIENT, AND OF COURSE THIS IS NOT A DEFICIENT AREA, OR IF THE LAND WOULD SERVE A CRITICAL OF THAT NEED OR PROVIDE INCREASED CONNECTIVITY.

AND SO THAT TO ME SEEMS LIKE A RATIONAL PLACE WHERE THE COUNCIL WOULD WANT TO PLAY IN HOW WE DEFINE CRITICAL PARKLAND NEED OR INCREASED CONNECTIVITY AND WHETHER OR NOT IN THIS PARTICULAR CASE, ADDING A THIRD PARCEL TO TWO EXISTING CITY PARCELS MEETS THAT TEST.

AND THEN IF IT DOESN'T MEET THAT TEST AND YOU GET INTO THOSE OTHER WATERFALL DECISIONS, BUT IT ALL SEEMS TO BE GOVERNED AT THE TOP BY THE SERVICE AREA, WHICH AT THIS PARTICULAR LOCATION IS ACROSS THE CREEK FROM A DIFFERENT SERVICE AREA.

SO IT SEEMS TO BE THAT THE WAY THE RULES ARE WRITTEN IS THE FEES CAN'T CROSS THE CREEK.

SO IF YOU HAD A PROJECT ON ONE SIDE OF THE CREEK AND THERE WAS A PEDESTRIAN BRIDGE, YOU COULDN'T SPEND THOSE PARKLAND FEES ON THE OTHER SIDE OF THE CREEK.

IT SEEMS TO BE THAT THOSE SERVICE AREAS ARE A HARD LINE.

I WOULD SEE THAT IF I COULD JUST ADD TO THAT, FIRST OF ALL, I WANT TO ANSWER YOUR SPECIFIC QUESTION, WHICH IT IS IN 25 DASH ONE DASH SIX OH THREE.

AND THAT'S ALSO PART OF THE, UM, PARKLAND DEDICATION OPERATING PROCEDURES.

SO THAT WAS YOUR FIRST, I WAS ABLE TO FIND THAT, BUT TO ANSWER YOUR SECOND QUESTION, THE OTHER THING THAT WE HAVE TO THINK ABOUT IN THIS PARTICULAR SPECIFIC CASE, WE HAVE EIGHT DIFFERENT DEVELOPMENTS WITHIN THE SERVICE AREA THAT ARE CONTRIBUTING TO THE HEALTH OF THE, OF THE PARKLAND DEDICATION FEES THAT ARE BEING USED.

AND SO I, THERE'S

[02:00:01]

SOME MORE COMPLEXITIES THAT COME WITH THAT BECAUSE BASED UPON WHERE THOSE ARE WITHIN THE PLANNING AREA, AND THEN HOW YOU WANT TO USE THOSE, WE'RE TRYING TO MAKE SURE THAT WE'RE SATISFYING THE CRITERIA FOR EACH OF THOSE EIGHT, EIGHT DEVELOPMENTS TO BE ABLE TO PUT THIS MONEY TOGETHER, TO BE ABLE TO PURCHASE THIS LAND.

AND YOU'RE RIGHT.

WE DO HAVE, WE HAVE PLANNING AREAS IN WHICH WE HAVE TO HAVE CONSIDERED SO THAT WE, WHEN WE ARE, IF WE ARE EVER CHECKED AS TO WHETHER OR NOT WE ARE SPENDING WITHIN A GIVEN SPACE, WE HAVE SOME PARAMETERS BY WHICH TO POINT BACK TO SOME CONSISTENCIES.

YEAH.

SO, I MEAN, THAT'LL, THAT'LL MAKE SENSE TO ME AND, YOU KNOW, MS. MCNEELY, I HAD THESE ALWAYS GET CHALLENGING BECAUSE I DON'T WANT TO BE, I DON'T WANT STAFF TO FEEL LIKE I'M, I'M DIGGING INTO WELLS THAT I'M, THAT I'M IMPLYING THAT STAFF FOLLOW THE PROCESS INCORRECTLY.

WHAT I'M SAYING IS IN THIS PARTICULAR CASE, I THINK IT, SINCE IT'S NOT IN A PARKLAND DEFICIENT AREA, THAT THERE'S JUST A LITTLE MORE THOUGHTFUL ANALYSIS THAT I THINK IS REASONABLE TO HAVE AT THE COUNCIL LEVEL.

SO, YOU KNOW, CREDIT TIPS TO STAFF FOR TRYING TO UNTIE A COMPLICATED PUZZLE OF SORTS OF FEES AND SURFACE AREAS AND ALL THESE DIFFERENT THINGS THAT ARE PARTIALLY A CONSTRICTION OF STATE LAW.

UM, SO THANK YOU FOR THAT FOR MY COLLEAGUES.

YOU KNOW, MY, MY PERSPECTIVE ON THIS IS THAT, WELL, THE WAY THAT THOSE RULES ARE, ARE DRAWN UP, I DON'T THINK ARE NECESSARILY VERY EQUITABLE.

YOU FIND MOST OF THOSE SERVICE AREAS DIVIDED BY 35.

AND SO YOU MIGHT HAVE A PROJECT JUST ON ONE SIDE OF THE HIGHWAY, AND NOW YOU CAN'T SPEND IT JUST ON THE OTHER SIDE OF THE HIGHWAY.

AND SO NOW YOU'RE REQUIRING ALL THE PARKLAND DEDICATION IN ONE PART TO BE FUNDED BY ONE PART, AS OPPOSED TO MAYBE EXPLORING A MORE EQUITABLE VERSION OF THAT.

UM, I'M ALSO CONCERNED ABOUT HOW THAT WAS DRAWN THROUGH THE DOWNTOWN AREA, BECAUSE WHILE THIS AREA AND THE RESIDENTS WERE IN, IT ARE VERY LIKELY GOING TO BENEFIT FROM ALL OF THE LADYBIRD TRAIL AND, AND THE ZILKER PARK AND ALL THE THINGS AND ALL OF THAT WITHIN ONE MILE, SOME OF IT WITHIN A HALF MILE BECAUSE OF THE WAY THE RULES AND THE ORDINANCES ARE WRITTEN, YOU CAN SPEND THOSE MONIES IN THAT WAY.

AND I THINK IT TIES PERFECTLY INTO THE CONVERSATION WE HAD EARLIER ABOUT DORDY ARTS CENTER, BECAUSE DARDY ARTS CENTER IS LESS THAN A MILE AWAY FROM THIS PARTICULAR SITE, BUT BECAUSE OF THE WAY THE PARK PLANNING AREAS ARE DRAWN, YOU COULDN'T, YOU COULDN'T PUT THE FEES IN THAT WAY.

AND IT MIGHT'VE BEEN TRUE THAT YOU COULD HAVE USED THE PARKLAND DEDICATION FEES TO FILL FUNDING GAPS OR CREATE MORE CREATIVE SPACES AS A RECREATIONAL FACILITY OR TO OTHER THINGS IN INSTEAD OF A THIRD PARCEL ADJOINING TO OTHER PARCELS.

SO I I'M, I'M STILL VOTING NO ON THIS, BECAUSE I JUST AM NOT CONVINCED THAT THIS IS THE TOP PRIORITY WHEN THERE ARE ALREADY TWO CITY ON PARCELS THAT ARE ON THE TRAIL.

UM, AND THAT I DON'T BELIEVE THAT YOU NEED TO VACATE THE RIGHT OF WAY IN ORDER TO CREATE A TRAIL CONNECTION, BECAUSE THAT IS A TRANSPORTATION ACTION WE'VE DONE IN OTHER PLACES.

UM, AND, AND THAT'S, THAT'S, THAT'S MY FRUSTRATION, BUT I DO THINK THERE'S VALUE IN HAVING AN, UH, EQUITY REVIEW OF THE PLANNING AREAS THAT ARE IN THE MASTER PLAN, CERTAINLY IN AREAS LIKE THIS, WHERE THE HALF MILE AND THE TWO MILE RADIUS ARE, ARE NOT IN A CIRCLE THEY'RE WITHIN A PLANNING AREA.

AND I THINK THAT THAT IT'S A LITTLE CHALLENGING FOR HIM.

SO HE'S BEEN MOVED AND SECONDED, UH, COUNCIL MEMBER, HARPER MEDICINE, SKI MAYOR.

UM, YEAH, I JUST HAVE A COUPLE OF QUESTIONS.

UM, I'M GLAD THAT WE HAVE DIRECTOR MCNEELY AND I APPRECIATE, UM, THAT COUNCIL MEMBER FLANNIGAN ALREADY ACKNOWLEDGED THE HARD WORK THAT THEY DO, BUT I DO HAVE A COUPLE OF QUESTIONS.

SO THE QA STATES THAT THIS IS AN EQUITABLE PURCHASE FOR THE HIGH DENSITY DOWNTOWN AREA.

I'D LIKE FOR STAFF TO EXPAND ON WHAT THEY MEAN FOR THAT.

UM, SO WHEN YOU'RE TRYING TO, YEAH, SO WHEN WE TRIED TO PUT AN EQUITY LENS, RIGHT, WHERE WE WERE ASKED TO PUT AN EQUITY LENS ON, ON ALL THE THINGS THAT WE DO.

SO IF WE WERE GOING TO PURCHASE A PIECE OF LAND, UM, IN ACCORDANCE WITH THE, UM, WITH THE REGULATIONS THAT ARE SET FORTH IN THE PARKLAND DEDICATION ORDINANCE AND WITHIN THE, THE PROCEDURES DIRECTLY DIRECTOR MCNEELY, I'M GOING TO INTERRUPT YOU REAL QUICK, PLEASE DO NOT THINK I'M NOT LISTENING IS GIVING ME A PROBLEM.

I HAVE ALLERGY ISSUES.

SO I'M GOING TO TURN OFF MY CAMERA, BUT I'M ABSOLUTELY LISTENING.

OKAY.

SO BECAUSE WE HAVE THESE PARAMETERS OF WITHIN THE PLANNING AREA AND WITHIN A CERTAIN GIVEN SPACE WITHIN THAT HALF MILE, WITHIN THE TWO MILES OF, FIRST OF ALL, THERE'S NOT VERY MANY PIECES OF LAND.

IF ANY PIECES OF LAND AT THIS PARTICULAR POINT IN TIME, THIS IS ONE OF OUR ONLY CHOICES, OR IT'S OUR ONLY CHOICE, BUT IT HAS SOME, IF WE'RE GOING TO APPLY AN EQUITY LENS THAT HAS SOME HISTORICAL AND CULTURAL SIGNIFICANCE THAT WILL ALLOW US TO TELL A STORY THAT MIGHT NOT BE ABLE TO BE TOLD IN ANY OTHER PIECE OF LAND.

AND SO WHEN WE THINK ABOUT WHAT KIND OF PURCHASE OF LAND WE'RE GOING TO MAKE IN A DOWNTOWN AREA

[02:05:01]

WHERE WE KNOW THAT THE, UM, THE POPULATION PUTTING AN EQUITY LENS ON THE POPULATION THAT LIVES THERE, THAT'S NOT BEING, UM, USING THE, UM, THE RACE OF THE INDIVIDUALS THAT LIVE IN THE SPACE, THAT MIGHT NOT BE THE PART OF THE LENS THAT WE CAN SPECIFICALLY USE.

WELL, WE COULD, IF ALL OF THE PIECES OF LAND THAT WE HAVE THIS PARTICULAR PIECE OF LAND GIVES US THE MOST OPPORTUNITY TO INCREASE THE STORY OR TO TELL THE STORY THAT IS FROM AN EQUITY PERSPECTIVE, IF THAT MAKES SENSE.

UM, SORRY.

UH, YES, THAT MAKES SENSE TO ME, BUT IT ALSO INVITES MORE QUESTIONS FOR ME AND I APPRECIATE YOUR PATIENCE.

SO, UM, WHAT THAT TELLS ME IS WE NEED TO HAVE A CONVERSATION ABOUT JUST GENERALLY SPEAKING, WHEN WE SAY EQUITY, WHAT DOES THAT ACTUALLY MEAN? UM, SO WHEN WE'RE TALKING ABOUT ACQUISITION OF PROPERTY, WHAT DOES THAT MEAN FROM AN EQUITY BASED PERSPECTIVE? LIKE WHAT, UH, I GUESS, I MEAN, DO WE HAVE A SYSTEM WHERE WE'RE ESTABLISHING PROFICIENCY HERE? UM, BUT I GUESS IF YOU COULD JUST GIVE ME MORE IN THE WAY OF LIKE GENERAL UNDERSTANDING OF WHAT THAT MEANS TO US AS A MUNICIPALITY.

WHEN WE SAY THAT FROM AN EQUITABLE PERSPECTIVE, WHEN WE DO PARKLAND ACQUISITION, IT MEANS, AND THIS IS WHAT WE EXPECT TO EXTRACT FROM THAT.

SO WHEN WE, WHEN WE, WHEN WE WORK WITH THE APP, WHEN WE WORK WITH THE EQUITY OFFICE, RIGHT, WE'VE, WE'VE SELECTED AS A CITY.

AND THAT RACE EQUITY IS THAT THE DEFINITION OF EQUITY FOR US, FOR THE CITY OF AUSTIN.

SO WE'RE NOT TALKING ABOUT SOCIAL EQUITY OR ANY OTHER KIND OF EQUITY, WE'RE REALLY CONCENTRATING ON RACE EQUITY.

SO WHEN WE'RE PUTTING THE RACE EQUITY LENS ON THE DIFFERENT THINGS THAT THIS DEPARTMENT DOES CAPITAL IMPROVEMENTS, AND WE HAVE ALL THINGS EXACTLY THE SAME, AND WE'RE GOING TO MAKE A CHOICE ABOUT WHAT IT IS THAT WE'RE GOING TO PURCHASE OR WHAT IT IS THAT WE'RE GOING TO BUILD, OR WHERE WE'RE GOING TO INVEST OR ALLOCATE FUNDS.

UM, WE'RE GOING TO DO THINGS THAT WILL HELP TO, UH, FURTHER RACE EQUITY IN THAT, THAT WOULD MEAN THAT IN MOST CASES, THAT WOULD MEAN THAT WE'RE GOING TO TRY TO, UM, STOP THE DISPROPORTIONALITY THAT OCCURS WHEN YOU'RE TRYING TO BUY A PIECE OF LAND IN A DOWNTOWN AREA.

I DON'T KNOW THAT YOU CAN APPLY THE RACE EQUITY LENS IN THE SAME WAY THAT YOU CAN FOR PROGRAMMING OR FOR CAPITAL IMPROVEMENTS.

BUT WHAT WE CAN DO IS SAY IF THERE IS A, IF THERE IS A PIECE OF LAND THAT HELPS US FURTHER, THE STORY OF WHAT ABOUT RACE EQUITY HELPS FURTHER THE STORY OF AUSTIN AND HOW AUSTIN HAS NOT MADE, UM, POLICY OR SPECIFIC CHOICES IN THE PAST AND TELL AN INTERPRETIVE STORY TO THE COMMUNITY, THEN WE'RE HELPING TO FURTHER THE IDEA, OR WE'RE HELPING TO FURTHER THE UNDERSTANDING OF WHY RACE EQUITY IS SO IMPORTANT.

AND THAT'S, THAT'S, THAT'S THE EQUITABLE COMPONENT OF THIS PARTICULAR PIECE OF LAND.

I APPRECIATE THAT LEVEL OF CONSIDERATION.

AND I THINK GOING FORWARD, THERE DEFINITELY NEEDS TO BE A LARGER CONVERSATION THAT WE SHOULD HAVE ABOUT WHAT DO WE MEAN WHEN WE SAY EQUITY, WHEN WE ACQUIRE PARKLAND, WHAT DO WE MEAN? AND I THINK WE SHOULD BE EXPLICIT.

UM, THEN ANOTHER QUESTION I HAVE IS, UM, ARE PARKLAND FEES APPROPRIATED FOR EXPENDITURE AT THE TIME THAT THEY ARE COLLECTED? NO.

YOU MEAN, ARE THERE NO, THERE, THERE IS A TIMEFRAME IN WHICH THERE'S AN AMOUNT OF TIME THAT PASSES IN WHICH THE MONEY BEFORE THE MONEY CAN ACTUALLY BE SPENT, IT'S SORT OF AN ESCROW OR IT'S IN A HOLDING PATTERN, AND THEN THEY ARE APPROPRIATED USUALLY A YEAR LATER.

AND SO THEN WE FIND OUT HOW MUCH MONEY FROM A PARTICULAR DEVELOPMENT.

AND THEN THERE'S ALSO A KEY, A KEY TO THAT TALKS ABOUT HOW, UM, HOW FAR ALONG A PARTICULAR DEVELOPMENT, UM, HAS, UH, WHETHER THEY HAVE 50% OF THEIR DEVELOPMENTS, BUT 50% OF THEIR DOORS ARE AVAILABLE.

AND SO THE ANSWER TO THE QUESTION IS, IT'S NOT AS THOUGH THE DEVELOPERS PAYS THE MONEY IN THE MEAT AND THE MONEY IS IMMEDIATELY AVAILABLE.

THERE'S DEFINITELY ABOUT A YEAR'S TIMEFRAME BEFORE THAT MONEY IS AVAILABLE FOR US TO GO AHEAD AND MAKE A PURCHASE.

SO IF THEY SAID TO MY QUESTION, THERE WOULD BE, YOU KNOW, HOW LONG I THINK YOU'RE SAYING ULTIMATELY ABOUT A YEAR, APPROXIMATELY A YEAR.

I MEAN, EVERY DEVELOPMENT IS A LITTLE BIT DIFFERENT, BUT IT'S APPROXIMATELY A YEAR.

AND THEN THERE IS A TIMEFRAME IN WHICH WE ARE, UM, WE ARE BOUND OR WE ARE, WE ARE OBLIGATED TO TRY TO SPEND THE MONEY THAT THE DEVELOPERS GAVE US SO THAT THE DEVELOPERS KNOW THAT THEY GAVE US THAT WE'RE NOT JUST HOLDING ONTO IT.

AND THAT THEY'RE, UM, THERE, THESE ARE BEING USED TO SERVE THE GOOD INTO THEIR DEVELOPMENT.

SO FIRST IT TAKES ABOUT A YEAR TO GET THE MONEY TO SPEND, AND THEN WE HAVE TO SPEND IT WITHIN ABOUT FIVE YEARS, IN WHICH CASE I THINK A CONTINUATION.

AND I LOOK FORWARD TO BEING ABLE TO WORK WITH PART

[02:10:01]

AND YOU AND MY COLLEAGUES, YOU KNOW, TO RECOGNIZE SOME OF THE CIRCUMSTANCES AROUND A SCORING MATRIX OF SORTS, A WRITE UP ANYTHING THAT DETAILS, HOW OUR PROJECT ALIGNS WITH OUR PRIORITIES WHEN IT COMES TO COUNCIL, IF IT IS DIFFICULT TO DETERMINE IF A PROPOSED ACQUISITION IS THE APPROPRIATE INVESTMENT OR ADEQUATELY ALIGNS WITH OUR PRIORITIES, I FEEL LIKE FRANKLY, THIS IS IN LARGE PART, A CONVERSATION THAT WE'RE HAVING IN FRONT OF, OF THE REASON WE DON'T HAVE THOSE CLEAR DETAILS.

AND I DON'T KNOW THAT THAT'S ME SAYING THAT I'M HOLDING ANYBODY ACCOUNTABLE FROM THE PERSPECTIVE OF, UM, YOU DIDN'T DO YOUR JOB WELL, BUT I'M, I'M ULTIMATELY SAYING, I THINK FROM A POLICY PERSPECTIVE, WE ALL NEED TO RECOGNIZE THAT WE NEED TO RECALIBRATE HERE.

I MEAN, IN AN EFFORT TO MAXIMIZE COMMUNITY BENEFIT WITH OUR PARKLAND DEDICATION DOLLARS FOR SITUATIONS WHERE FEES ARE ELIGIBLE TO BE SPENT ON AMENITIES, IT WOULD FRANKLY BE HELPFUL TO HAVE A WAY TO RANK ACQUISITION ALONGSIDE THE NEED FOR AMENITIES FOR AN EXISTING PARK, THE SERVICE AREAS WHERE FEES CAN BE EXPENDED.

I MEAN, SO MUCH OF WHAT YOU'RE SAYING MAKES SENSE TO ME, BUT I ALSO AGREE THAT AS OUR CITY GROWS, THE AMOUNT OF PARKLAND ACCESSIBLE TOWARD OUR RESIDENTS NEEDS TO KEEP PACE.

YOU KNOW, I DON'T WANT TO FIND OURSELVES IN A SITUATION WHERE WE HAVE POCKET PARKS SCATTERED, EXCUSE ME, ACROSS THE CITY, BUT WE LACKED FUNDING TO MAINTAIN OUR PARKS AND PROVIDE WHAT YOU MENTIONED EARLIER, DESIRABLE AMENITIES, DESIRABLE, PROGRAMMING, AND PARKS THAT WE ALREADY HAVE, RIGHT? SO I WOULD SAY TO YOU, I HEAR YOU.

AND THAT IS ABSOLUTELY A POLICY DISCUSSION.

AND THAT'S ALSO A LEGAL CONSIDERATION BECAUSE THE WAY THAT THE ORDINANCE IS WRITTEN NOW, AND IT'S BASED UPON CASE LAW IS THAT PARKLAND, DEDICATION FEES CANNOT BE USED FOR MAINTENANCE OR CANNOT BE USED FOR OPERATIONS.

AND THE REASON WHY IS BECAUSE YOU ARE COLLECTING THE FEES SPECIFICALLY TO BE ABLE TO PROVIDE FOR ADDITIONAL PARK SPACE FOR THE NEW RESIDENTS THAT ARE MOVING IN.

SO YOU, I UNDERSTAND EXACTLY WHAT YOU'RE SAYING.

AND I ALSO AGREE WITH YOU THAT IT'S MORE OF A POLICY DISCUSSION AND ALSO PROBABLY A CASE LAW DISCUSSION.

I THINK MY COLLEAGUES AND I WOULD LIKE VERY MUCH TO HAVE THE OPPORTUNITY TO CONTINUE THIS CONVERSATION.

AND FOR YOU ALL, TO OFFER US THE OPPORTUNITY TO DO A BETTER JOB AS POLICY MAKERS, TO RECOGNIZE WHAT IT IS THAT WE'RE DOING IN A WAY THAT MAKES IT SO THAT THIS PROCESS IS DEFICIENT.

SO I REALLY, REALLY LOOK FORWARD TO BEING ABLE TO CONTINUE THIS CONVERSATION AND FOR YOU ALL, TO OFFER US WHAT YOU HAVE IN THE WAY OF SUBJECT MATTER EXPERTISE TO HELP US DO THIS BETTER.

UM, I THINK WE ALL WANT THE SAME THING.

WE ALL WANT PARKS AND GREEN SPACES, AND, BUT WE WANT TO DO THIS IN A WAY THAT MAKES SENSE FROM A POLICY PERSPECTIVE TO WHERE WE'RE ACTUALLY CREATING POLICY THAT EXISTS, YOU KNOW, IN PERPETUITY, UM, THAT EXTENDS BEYOND OUR TENURE.

YOU KNOW, I MAY BE HERE TWO MORE YEARS OR FIVE MORE YEARS.

Y'ALL MIGHT BE STUCK WITH ME FOR EIGHT, WHO KNOWS, BUT IN THE INTERIM, YOU KNOW, WE WANT TO MAKE SURE THAT WHAT WE'RE SETTING UP IS AN OPPORTUNITY FOR US TO HAVE LIKE CLEARLY DEFINED EXPLICIT LANGUAGE THAT SAYS, THIS IS HOW WE DO THIS MOVING FORWARD.

I APPRECIATE YOUR COMMENTS.

THANK YOU.

JUST OUT OF CURIOSITY, I THINK YOU MIGHT'VE SAID SOMETHING ALONG THE LINES OF, UM, THIS IS NOT APPROPRIATE IN TERMS ITS BEING APPLICABLE TO AMENITIES.

CAN YOU EXPAND ON THAT FOR ME? SO THE PARKLAND DEDICATION, ARTHUR DIDN'T GO.

WHAT I WAS TRYING TO SAY IS THAT THE PARKLAND DEDICATION ORDINANCE DOESN'T ALLOW FOR, UH, FOR OPERATIONS AND MAINTENANCE AND THAT IN THAT, IN THE WAY THAT THE ORDINANCE IS WRITTEN, OUR FIRST PRIORITY IS TO PURCHASE LAND.

AND SO I THINK WHAT I WAS TRYING TO SAY IS THAT THAT'S OUR FIRST PRIORITY.

SO THAT'S WHY WE'RE BRINGING FORWARD A LAND ACQUISITION.

WOULDN'T BE UNTIL LATER IN THE PROCESS, IF WE WEREN'T ABLE TO SPEND FUNDING THAT WE MIGHT CONSIDER ENTITIES, BUT NOT THAT IT'S DISALLOWED TO BE CLEAR, IT'S NOT DISALLOWED, BUT IT CERTAINLY WRITTEN IN THE ORDINANCE IN A PARTICULAR WAY THAT SAYS YOUR PRIORITY IS WITHIN A HALF MILE, THEN WITHIN TWO MILES WITHIN A CERTAIN TIMEFRAME AND THEN TO CONSIDER THEM.

SO THERE'S A LISTING OF PRIORITY LISTING OF HOW WE SHOULD CONSIDER THE EXPENDITURE OF PARKLAND DEDICATION.

AND I WILL GO BACK TO THAT PRINCIPLE THAT I TALKED ABOUT IN THAT IT'S, YOU KNOW, THE PROXIMITY PRINCIPLE BEING THAT YOU'RE, YOU'RE SUPPOSED TO BE PURCHASING IT WITHIN THE SPACE THAT, UM, YOU KNOW, THAT PEOPLE ARE MOVING IN AND I DON'T NEED TO REPEAT THAT BECAUSE I KNOW YOU'VE CERTAINLY HEARD ME SAY IT AND I KNOW YOU UNDERSTAND IT.

SO I WILL.

AND YOU KNOW, WHEN YOU SENT ME THOSE ADDRESSES THAT WERE PROXIMATE TO THIS PROPERTY, I LOOKED IT UP AND I MAKE THE DETERMINATION FOR MYSELF AS TO HOW MANY ACTUAL RESIDENTS THAT THIS AFFECTED.

UM, SO YEAH, I JUST LOOKED FORWARD TO THE CONTINUATION OF CONVERSATION.

THANK YOU SO MUCH FOR YOUR TIME.

I APPRECIATE YOU VERY MUCH.

THANK YOU.

[02:15:01]

THANK YOU.

ANYTHING ELSE BEFORE WE VOTE? OKAY.

I REMEMBER ELLIS.

I APPRECIATE THE COMMENTS THAT MY COLLEAGUES HAVE OUT OUTLINED HERE BECAUSE I HAD VERY SIMILAR THOUGHTS.

UM, I STRUGGLED WITH THINKING ABOUT THIS PROJECT IN A WAY THAT, UM, I'M HEARING WHAT COUNCIL MEMBER HARBOR, MADISON, AND PLAN AGAIN ARE SAYING ABOUT EQUITY AND TRYING TO MAKE SURE WE'RE REALLY PROVIDING ACCESS TO PARK SPACE FOR, YOU KNOW, AS MANY AUSTINITES AS POSSIBLE.

UM, BUT I COMPLETELY UNDERSTAND THERE ARE SOME LEGAL PARAMETERS TO IT.

EVERY TIME WE GET INTO PARKLAND DEDICATION, I FEEL LIKE I HAVE TO CLEAR MY DESK, BUT ON MY SPECIAL PARKLAND DEDICATION HAT AND REALLY GET IN THAT MOMENT OF UNDERSTANDING WHAT IS A VERY COMPLICATED ORDINANCE.

UM, AND SO I REALLY ALSO APPRECIATE THIS AS A DEEPER, LONGER CONVERSATION THAT I WOULD LOVE TO BE INVOLVED IN.

IF YOU KNOW, THERE'S A SUB QUORUM OR ALL COUNCIL, HOWEVER WE WANT TO DO IT.

UM, BUT I UNDERSTAND THAT THIS MOMENT FOR THIS PARTICULAR PROJECT I'M, I'M SUPPORTIVE OF IT ONLY BECAUSE I THINK IT GETS IN LINE WITH WHAT WE CURRENTLY HAVE.

UM, BUT I COMPLETELY UNDERSTAND AND, AND THINK THESE COMMENTS ARE VALID.

AND I'M VERY CURIOUS ABOUT THIS CONVERSATION MOVING FORWARD.

THANK YOU.

UM, I HAD A QUESTION.

UM, SO IT'S MY UNDERSTANDING THAT, YOU KNOW, AS, AS MS MCNEELY SAID THAT THE ABILITY TO IMPOSE PARKLAND DEDICATION FEES ALLOWED BECAUSE THERE'S THIS NEXUS BETWEEN THE NEW RESIDENTS AND THE NEED FOR PARKLAND.

UM, AND ONCE THAT NEXUS IS BROKEN, THEN YOU CAN BE CHALLENGED FOR IMPOSING THE FEES.

AND SO THE STRUCTURE OF THE ORDINANCE IS SET UP, UM, VERY CAREFULLY SO THAT WE CAN MAINTAIN THAT NEXUS.

UM, AND AS PART OF THAT, YOU HAVE TO ACQUIRE, IF YOU CAN ACQUIRE LAND, YOU HAVE TO ACQUIRE LAND BEFORE YOU CAN DO AMENITIES.

AND IN THIS CASE WE HAVE A LAND PURCHASE THAT'S AVAILABLE TO MAKE.

SO LEGALLY, I THINK WE WOULD HAVE TO MAKE THAT PURCHASE BEFORE, YOU KNOW, GIVEN THAT ABILITY THEN ANY INVESTMENTS WE'D MAKE IN AMENITIES SUBSEQUENTLY WOULD BE QUESTIONED QUESTIONABLE, UM, FROM A LEGAL PERSPECTIVE.

SO I THINK THERE'S SOME, SOME, SOME RISKS HERE THAT WE SHOULD, WE SHOULD KEEP IN MIND, BUT I WANT TO JUST BECAUSE NEXT COUNCIL MEETING, I THINK WE'RE TAKING UP STREET IMPACT FEES AND IT'S THE SAME KIND OF LOGIC, UM, THAT ALLOWS US TO IMPOSE STREET IMPACT FEES.

AND YOU HAVE THE SAME ISSUE THAT YOU HAVE TO HAVE CERTAIN SERVICE AREAS WHERE THE MONEY CAN BE SPENT.

UM, AND IT'S, UH, IT'S A VERY SIMILAR PROCESS SO THAT, UM, YOU KNOW, AS WE'RE GOING THROUGH THAT DISCUSSION IN TWO WEEKS, UM, THERE ARE PARALLELS TO THAT IN PARKLAND DEDICATION AND HOW PARKLAND DEDICATION IS SET UP SO THAT WE ARE LEGALLY ABLE TO EVEN IMPOSE THESE FEES, UM, IN THE FIRST PLACE.

THE OTHER THING THAT I WANT TO JUST REMIND US IS THAT FROM A POLICY PERSPECTIVE, WE HAVE LONG RANGE PLANS AND WE HAVE THE STRATEGIC PLANS FOR THE PARKS DEPARTMENT, SO THAT WE ARE ABLE TO, UM, BE ABLE, YOU KNOW, TO SAY WHAT OUR PRIORITIES ARE.

UM, WE HAVE THAT LONG RANGE PLAN SO THAT WHEN CERTAIN PROPERTIES COME AVAILABLE, WE KNOW THAT WE SHOULD, UM, YOU KNOW, BE LOOKING AT THOSE PARTICULAR, UM, PROPERTIES.

AND THERE'S BEEN A VERY LONG PROCESS OF THAT HAS HAPPENED.

THE OTHER THING THAT I WANT TO POINT OUT IS THAT WE HAVE A CLEO OF FUN TOOLS OR A TOOLBOX OF FUNDING TOOLS FOR PARKS.

AND I AM ALL FOR MORE FUNDING FOR PARKS ALL OVER THE CITY.

I THINK EVERYONE DESERVES ACCESS, BUT BECAUSE WE HAVE THAT, UM, TOOLBOX, WE USE THE TOOLS IN DIFFERENT, UM, SITUATIONS, UM, AND FOR DIFFERENT THINGS.

AND SO I THINK, YOU KNOW, WHEN WE'RE TALKING ABOUT PARKLAND DEDICATION, IT IS ONE TOOL.

IT IS NOT THE ONLY TOOL, UM, THAT WE HAVE FOR EQUITY.

UM, AND IF YOU GUYS HAVEN'T READ IT YET, I WANT TO REFER YOU TO THE Q AND A, UM, WHERE IT TALKS ABOUT OAK ACQUISITIONS.

UM, I THINK FOR PARKLAND DEDICATION THAT ARE EAST OF AMOUNTING TO APPROXIMATELY 147 ACRES, UM, OR MAYBE IT'S, THERE ARE 13 PURCHASES AND THEY WILL USE PARKLAND DEDICATION WHERE THERE ARE FUNDS AVAILABLE FOR THAT.

UM, BUT YOU KNOW, I THINK I'M REALLY PROUD OF HOW OVER THE YEARS PARK HAS REALLY, UM, EMPHASIZED PARKLAND ACQUISITION, WHERE THOSE OPPORTUNITIES HAVE BEEN.

I THINK IT'S MADE A HUGE DIFFERENCE IN PEOPLE'S LIVES ALL OVER, ALL OVER THE CITY.

AND I'M OBVIOUSLY GOING TO SUPPORT THIS ITEM TODAY.

JASMINE YOU'RE MUTED.

OKAY.

I DON'T HAVE A REASON I'M NOT GOING TO BE ABLE TO SUPPORT THIS IS IT'S THE COST.

I MEAN, IT'S,

[02:20:01]

I KNOW IT'S A DOWNTOWN PROPERTY, BUT IN, I ALWAYS CLOSE TO THE, UH, PLAY PLAYING THERE.

AND, UH, I JUST CAN'T SEE MYSELF PAYING THAT KIND OF MONEY.

1.2 MILLION FOR A LITTLE PIECE OF LAND LIKE THAT.

IT'S JUST, UH, IT'S SO IT'S, IT'S SO EXPENSIVE.

I MEAN, I, I HOPE THAT WE CAN GET OUR APPRAISALS CORRECT, SO THAT WE WON'T BE PAYING THIS OUTRAGEOUS PRICE FOR A PIECE OF LAND LIKE THAT.

I KNOW THAT IT'S RIGHT NEXT TO THE CREEK.

AND, UH, YOU KNOW, WE HAVE LONG-TERM PLANS TO DEVELOP THAT WHOLE AREA AND MAKE IT SAFE FROM FLOODING.

AND EVENTUALLY IN THE LONG FUTURE, WE MIGHT BE ABLE TO BUILD A TUNNEL TO BYPASS THE, UH, THAT THE CREEK THERE, THAT, THAT WHOLE AREA.

BUT I JUST CAN'T SEE MYSELF PAYING HIM THAT KIND OF PRICE, YOU KNOW, PER SQUARE FEET ON A LAND THAT'S RIGHT NEXT TO A CREEK.

NOW I JUST, I DON'T TAKE IT THE VALUE THAT I'M NOT GOING TO GET THE VALUE OUT OF THAT MONEY THAT WE'RE PAYING FOR IT.

IF WE COULD FIND A WAY WHERE WE CAN REDUCE THE COST, I WOULD SUPPORT IT, BUT I KEEP SUPPORTED IT THE WAY I THINK IT'S DOWN.

GUYS ARE FLAT AGAIN.

AND THANK YOU, COUNCILMEMBER MENTOREE.

CAUSE THAT WAS A PARTICLE THAT I FORGOT TO MENTION.

UM, IS THAT FOR ME AGAIN, IT'S THE IT'S THAT THIS IS NOT ENOUGH PARKLAND DEFICIENT AREA.

AND I KNOW MANY OF US, I CERTAINLY DO IN MY DISTRICT HAVE PARKLAND THAT WE'VE ACQUIRED THROUGH THIS PROCESS THAT HAS NEVER BEEN DEVELOPED.

AND THERE ARE MORE PARKLAND DATAFICATION KEYS THAT MIGHT MAKE A PARK ACTUALLY USABLE AS A PARK.

THEN I WOULD WANT TO SEE THAT BE THE THING THAT'S THAT'S THAT'S DONE.

AND SO THERE, THERE IS A VERY INTERESTING CONFLICT IN THE TEXT OF THE ORDINANCE VERSUS THE TEXT OF THE RULES, WHERE IT'S NOT QUITE CLEAR IF, IF LAND IS AVAILABLE, YOU MUST PURCHASE IT.

WHICH TO ME WOULD DISADVANTAGE US IN A REAL ESTATE NEGOTIATION.

IF THE PROPERTY OWNER KNOWS THIS IS THE ONLY THING WE CAN SPEND THE MONEY ON, THEN MAGICALLY YOUR APPRAISAL GOES UP.

UH, NOT BECAUSE THE LAND IS MORE VALUABLE, BUT BECAUSE THEY THINK WE'RE THE ONLY BUYER.

AND I DON'T LIKE THAT AS A REALITY, BUT SECONDARILY, YOU KNOW, WE HAVE PARKLAND PURCHASED AND ACQUIRED ALL ACROSS THE CITY THAT WE'VE NEVER BEEN ABLE TO TURN INTO PARKS.

AND, UM, IF, IF THERE'S A PATH TO USE THIS MUCH, LIKE IN THE THREE IMPACT THESE WHERE YOU MIGHT BE ABLE TO IMPROVE AN EXISTING ROAD, AS SUPPOSE, AS OPPOSED TO ONLY USE THE MONEY TO BUILD NEW ROADS, UM, YOU KNOW, ALL THE METAPHORS ARE IMPERFECT TO BE FAIR.

UM, THAT'S KINDA WHERE MY HEAD IS AT.

SO I'M GOING TO GO AHEAD AND SUPPORT THIS ONE, MYSELF.

UH, UM, I DO, UH, UH, APPRECIATE, UH, COUNCILMEMBER HARPER MADISON'S, UH, SUGGESTION.

NOW THAT HAS, I THINK BEEN BORNE OUT BY THE CONVERSATION THAT, UH, IT'S APPROPRIATE FOR US TO TAKE A BROADER LOOK AT AT HOW WE DO, UH, UH, THIS AREA FROM A POLICY STANDPOINT TO TAKE A LOOK AT WHAT STATUTORILY REQUIRED AND WHAT WE DO HERE LOCALLY.

I THINK THAT GIVEN THE, THE BROADER CONVERSATIONS ARE HAVING THEM, THE COMMUNITY, UH, ABOUT EQUITY, ABOUT, UH, INSTITUTIONALIZED PRACTICES, UH, THAT HAVE A REAL CLEAR IMPACT ON WHAT THE END PRODUCTS ARE, UH, THAT US TAKING A LONGER LOOK AT THIS, UH, TO SEE IF WE CAN, UH, AFFIRMATIVELY, UH, ADDRESS, UH, DEFICIENCIES, UH, IN THE CITY, UH, AND, AND CAN WHERE THOSE DEFICIENCIES ACTUALLY EXIST.

UH, THIS PARTICULAR TRACK HAS REAL EXPENSIVE PROPERTY.

DOWNTOWN IS EXPENSIVE.

UH, BUT AS I LOOK AT THE LAYOUT OF THIS, THE ABILITY TO BE ABLE TO BRING TOGETHER THIS TRACK REALLY DOES CREATE A USABLE TRACK ASSOCIATED WITH THE TRIANGLE ALREADY OWNED THE ABILITY TO BE ABLE TO, UM, UH, UH, GET THE, UH, THE RIGHT OF WAY, UH, RELEASED, UH, CREATES A SIGNIFICANT, UH, TRAILHEAD THAT I THINK DOES HAVE A REALLY COMPELLING STORY AND, AND CAPTURES, UH, AN IMPORTANT MOMENT IN THE CITY.

AND IT'S A SHAME.

THE BUILDINGS HERE WERE TORN DOWN IN 2014, UH, UH, BECAUSE IT WOULD BE GREAT TO HAVE THOSE BUILDINGS THERE AS WELL, BUT BEFORE THE LAND DISAPPEARED, I THINK IT'S IMPORTANT TO HAVE A MOMENT TO, UM, OR, UH, FORCEFULLY CAPTURED AT THIS TIME.

UH, SO, UH, CATHERINE BARBARA MADISON, IF YOU'RE GOING TO HELP PUSH FORWARD WITH THAT OTHER CONVERSATION, I KNOW I'VE GOT TO REMEMBER.

ELLA SAID SHE WANTED TO BE PART OF IT.

WE'D LOVE TO PUT OUR SHOULDER TO, UH, TO THAT, TO THAT AS WELL.

UH, BUT I'M GOING TO BE SUPPORTING THE MOTION HERE NOW.

IT'S BEEN MOVED AND SECONDED ANY FURTHER DISCUSSION BEFORE WE VOTE, IF I MAY MAYOR, UM, I'D LIKE TO ASK YOU, AND, AND ONE OF MY OTHER COLLEAGUES, WHETHER

[02:25:01]

OR NOT, YOU KNOW, PROCEDURALLY, THIS IS APPROPRIATE, YOU KNOW, I OFTEN HAVE TO ASK HIM, AM I DOING WHAT'S RIGHT HERE? UM, PIA SAID SOMETHING THAT REALLY PEAKED MY INTEREST IN THAT HE COULDN'T SUPPORT THIS PARTICULAR MOTION, GIVEN THE EXPENDITURE, UM, BUT IS CONCERNED ABOUT IT WAS EXPLICITLY ABOUT THE COST.

AND SO IT, IF I COULD ASK HIM TO OFFER ME THE OPPORTUNITY TO EXPAND ON IT, BECAUSE IT MIGHT, IT MIGHT ACTUALLY CHANGE MY VOTE.

UM, IF I COULD ASK HIM TO REALLY EXPAND ON WHAT DO YOU THINK, WHAT DO YOU THINKS WOULD BE A BETTER EXPENDITURE? AND THEN YOU SAID SOMETHING THAT ACTUALLY PEAKED MY INTEREST AS WELL, JUST NOW, UM, ABOUT LIKE MOVING FORWARD FROM A POLICY PERSPECTIVE, HOW WE CAN DO THIS BETTER.

UM, IF YOU WOULDN'T MIND EXPANDING ON, UM, WHEN, AND IF WE TAKE THE OPPORTUNITY TO DO THIS BETTER.

UM, SO IF I COULD JUST ASK TWO OF MY COLLEAGUES FIRST COUNCIL MEMBER , AND THEN YOU MAY, OR OTHER, UM, WHAT DO YOU MEAN? YOU KNOW, IF Y'ALL COULD JUST EXPAND ON THAT FOR ME? CAUSE IT MIGHT JUST HELP ME FIND MYSELF IN A DIFFERENT POSITION.

I PERSONALLY, I WAS STANDING ON THE SIDE OF VOTING, NO, ON THIS ITEM, IF FOR NO OTHER REASON, I JUST DON'T THINK THAT THIS IS THE APPROPRIATE EXPENDITURE, BUT I, BUT I DO RECOGNIZE I WANT FOR US TO HAVE MORE ACCESS AS A COMMUNITY.

I WANT US TO HAVE MORE GREEN SPACES.

I WANT US TO HAVE MORE ACCESSIBLE SPACES.

UM, BUT I ALSO WANT US TO HAVE CLEAR, CONCISE, EXPLICITLY EQUITABLE POLICY.

SO I JUST, I'M JUST TRYING TO FIND MY WAY TO A PLACE WHERE THIS MAKES SENSE TO ME.

SO IF I COULD RESPECTFULLY AS COUNCIL MEMBER RENTERIA, AND THEN YOU MARRY ADLER TO JUST KIND OF EXPAND ON YOUR CONTRIBUTION TO THE DIALOGUE.

SO I COULD JUST FIND MYSELF IN A PLACE THAT FEELS LESS CONFUSING.

WELL, MY BIGGEST CONCERN IS THAT, UH, UH, I DON'T BELIEVE THAT PIECE OF LAND IS THAT PADDY, OR EVEN THOUGH IT'S CLOSE TO DOWNTOWN, BUT TO DEVELOP THAT WHOLE AREA BY THE TIME, YOU KNOW, IT'S JUST, UH, IT'S SO CLOSE TO THE FLOOD PLAIN THAT WE'RE HAVING THERE.

AND IT'S LIKE THE FLOODING IT'S GETTING HIGHER AND HIGHER UP AND IT FLOODED ALL OVER.

YOU LOOK AT, UH, UH, UH, CHO CREEK SALOON BEEN FLOODED TWICE, AND I JUST DON'T BELIEVE THAT THE VALUE OF THAT PIECE OF LAND IS THAT PEOPLE, BECAUSE IT'S SO CLOSE TO A FLOOD PLAN AND THE CREEK THERE, OR THAT OVERFLOWS AND RISES.

SO THAT'S MY BIG CONCERN IS THAT WE'RE BUYING A PIECE OF LAND THERE THAT WE'RE NOT GOING TO BE ABLE TO DEVELOP TOO MUCH OR PUT TOO MUCH IN THERE UNTIL WE TAKE CARE OF THE PROBLEM THAT WE'RE HAVING AT SHOW CREEK AND DO WHAT WE DID AT WALNUT CREEK, YOU KNOW, BE ABLE TO TELL OVER THERE, AND THAT OPENED UP THE WHOLE AREA FOR DEVELOPMENT.

BUT IF, IF, UH, FOR PURCHASE IT A PIECE OF LAND LIKE THAT, THAT'S SO SMALL FOR THE PRICE THAT WE'RE PAYING SO THAT WE CAN SET ON THAT FOR LONG TERM UNTIL WE GET TO THE POINT WHERE WE GET DEVELOPMENT DOWN THERE.

I JUST TAKE IT JUST A LITTLE BIT TOO HIGH, UH, ESPECIALLY AROUND THIS AGO, YOU KNOW, HOW THE ECONOMY IS FUNCTIONING AND ALL THAT.

AND, UH, I JUST CAN'T VOTE FOR IT.

THAT'S MY WHOLE THING.

IF IT'S THE APPRAISAL, WAS IT HALF THE VALUE OR A LITTLE BIT HIGHER THAN HALF OF WHAT THEY'RE ASKING FOR NOW? I PROBABLY COULD HAVE SUPPORTED IT, BUT I CAN NOT SUPPORT IT THE WAY IT IS NOW.

THANK YOU, COUNCIL MEMBER.

I APPRECIATE THAT BECAUSE THAT DEFINITELY ADDRESSES SOME OF MY CONCERNS HERE.

UM, BECAUSE ONE OF THE THINGS THAT I CAN'T KEEP, YOU KNOW, OR NOT KEEP RATHER ASKING MYSELF IS WHO ELSE WAS IT? IS SOMEBODY ELSE BIDDING AGAINST US FOR THIS PROPERTY.

UM, AND SO I JUST, I, I REALLY VERY MUCH APPRECIATE YOUR, YOUR CANDOR, UM, BECAUSE I JUST CAN'T HELP, BUT WONDER, BUT MAYOR HEATHER, IF YOU WOULDN'T MIND JUST EXPANDING YOUR THOUGHT THERE.

SURE.

AND, AND, AND I'LL SAY, UH, YOU KNOW, I'M SHOCKED AT THE PRICE OF LAND DOWNTOWN AS IS A COUNCIL MEMBER READ THE AREA.

UH, UH, I WAS, I WAS SHOCKED THAT THE PRICE OF LAND DOWNTOWN FIVE YEARS AGO, BUT 10 YEARS AGO, I CAN REMEMBER THE SALE OF THE TAMALE TRACK AT THE CORNER OF CONGRESS AND CAESAR CHAVEZ COULDN'T LEAVE WITH THAT WAS, THAT WAS PROBABLY 20 YEARS AGO.

UM, BUT MY UNDERSTANDING FROM WHAT, UH, ALEX TOLD US EARLIER IS THAT THE, THE VALUE IN THIS TRACK, ISN'T WHAT CAN BE BUILT ON IT.

THE VALUE IN THIS TRACK IS WHAT IT ENABLES THAT JOINING TRACK TO BE ABLE TO BUILD WITH THE ENTITLEMENTS ASSOCIATED FOR THEM.

UH, AND I KNOW THAT TO BE A PROPER WAY TO, UH, COME TO THE MARKET VALUE OF A PIECE OF PROPERTY, BECAUSE THAT'S HOW PROPERTIES TRADE

[02:30:01]

IN THE MARKETPLACE.

UH, SO WHILE I AM SHOCKED AT THE, AT THE PRICES I AM DOWNTOWN PROPERTY VALUES, IT'S, IT'S SOMETHING THAT, THAT, THAT I, THAT I CAN UNDERSTAND WITH RESPECT TO THAT, TO TAKING A LOOK AT THE POLICY.

I THINK THAT THAT GIVEN THE CONVERSATIONS THAT WE HAD HISTORICALLY IN THE CITY AND THE CONVERSATIONS THAT I THINK THIS COUNCIL HAS REALLY PUSHED FORWARD, UH, BY VIRTUE OF THE WORK THAT WE DID AND WORK WE DID IN STRATEGIC PLANNING, THE QUESTIONS OF, OF EQUITY, UH, ARE, ARE, ARE, ARE REALLY WE'VE, I THINK HELPED FACILITATE PUSHING THOSE TO THE FOREFRONT, UH, THE WORK ON INSTITUTIONAL RACISM AND SYSTEMIC INEQUITIES WORK.

I THINK THAT COLLECTIVELY WE'RE PUSHING TO THE FOREFRONT.

AND THEN WHEN YOU LOOK AT THE CONVERSATIONS, UH, UH, WELL WHAT'S HAPPENED IN THE PANDEMIC, UH, AND, AND WE SEE IN WAYS THAT, THAT, THAT, THAT MAY BE SHINE AND EVEN BRIGHTER LIGHT ON, ON THE SYSTEMIC CHALLENGES THAT WE HAVE AS A COMMUNITY IN TERMS OF, UH, HISTORIC, UH, UH, UH, INSTITUTIONS AND THE WAY THINGS HAPPEN THAT HAVEN'T REALLY IMPACT ON PEOPLE'S LIVES TODAY.

AND THEN THIS SUMMER THAT WE'VE HAD, UH, REALLY ENHANCED CONVERSATIONS IN THIS CITY AND ACROSS THE, ACROSS THE COUNTRY, AS A MATTER OF FACT, ACTUALLY ACROSS THE WORLD, GIVEN THE CONVERSATIONS THAT STARTED HERE, I THINK, I THINK CONSISTENT WITH, AND JUST AS WE ARE HAVING CONVERSATIONS ABOUT POLICING, UH, I THINK THAT WE HAVE AN OPPORTUNITY TO TAKE A LOOK AT OTHER ISSUES THE SAME WAY, UH, TO BE LOOKING AT ACCESS TO CAPITAL ISSUES, HEALTHCARE DELIVERY ISSUES, AND HOUSING, AND ALL THE OTHER AREAS, WHICH I THINK IT'S ALSO PRESENT.

SO TO TAKE A LOOK AT HOW WE DO DEDICATIONS OF PARKLAND, UH, AND THEN HOW WE'RE MAKING SURE THAT WE'RE TAKING FULLEST ADVANTAGE OF OPPORTUNITIES, WE HAVE TO NOT ONLY BE EQUAL, BUT TO BE EQUITABLE IN WHAT IT IS THAT WE'RE DOING IS A REALLY WELCOME OPPORTUNITY.

UH, AND I THINK THAT IT DOESN'T NECESSARILY MEAN THAT THAT WHAT WE'RE DOING IS WRONG OR EVEN NEEDS TO BE CHANGED, BECAUSE I DON'T KNOW, UH, BUT I THINK SURFACING THE KINDS OF, UH, SURFACING THE DATA, UH, AND THE EXPERIENCE, UM, YOU KNOW, WE'VE HAD A COUPLE OF COUNCIL MEMBERS ON THIS DICE HERE MENTIONED THOSE NUMBERS.

YOU KNOW, I THINK THIS IS A REAL OPPORTUNITY FOR US TO, TO, TO REALLY EXAMINE ALL ASPECTS OF WHAT WE DO.

UH, AND I THINK THE QUESTION HAS ARISEN WITH RESPECT TO THIS PARTICULAR PROGRAM.

AND I THINK WE SHOULDN'T LET IT GO.

I THINK WE SHOULD, WE SHOULD, WE SHOULD TAKE IT AND, AND MAKE SURE THAT THAT'S SOMETHING THAT WE ACTUALLY LOOK AT.

UM, AND, AND I THINK THAT'S THE KIND OF THING THAT, THAT, YOU KNOW, PERHAPS THE HOUSING COMMITTEE COULD, COULD PICK UP, UH, STAFF TO TAKE AWAY.

I DON'T KNOW EXACTLY THE RIGHT WAY TO, TO, TO, TO SEGUE INTO IT.

UH, BUT, UH, WITH THE, THIS SEEMS TO BE AN INTEREST TO DO THAT, UH, AMONG AT LEAST SOME BUT NOT ALL OF THE DESK.

UM, MAYBE THAT'S SOMETHING THAT MANAGER COULD TAKE A LOOK AT AND FIGURE OUT WHAT IS THE BEST WAY TO FACILITATE THAT CONVERSATION.

THIS CONVERSATION, SHOULDN'T ONLY BE ABOUT POLICING THAT WE'RE HAVING RIGHT NOW, BECAUSE IT'S BROADER THAN THAT.

AND WE LOSE CONTEXT IF WE JUST MAKE IT ABOUT ONE AREA.

SO I LOOK FORWARD TO THIS FOR OUR CONVERSATION.

THAT'S WHAT I MEANT, HOW CAT'S MARCUS IS.

SORRY, THANKS FOR BRINGING THAT UP IN AN ERA.

AND I THINK THERE'S, THIS IS A TALKING WHEN YOU'RE, WHEN WE HAVE THESE CONVERSATIONS EVER AS IT RELATES TO A SPECIFIC ACQUISITION, IT'S ALWAYS SO MUCH HARDER THAN WHEN WE'RE HAVING THE BROADER CONVERSATION.

WE RECENTLY BROUGHT THIS UP, UH, WHEN WE WERE LOOKING AT THE TRACT ON BULL CREEK, UM, WHICH WHILE IT GAVE ME SOME HEARTBURN, I RECOGNIZE THE WATERSHED BENEFIT AND WATER QUALITY BENEFIT OF THAT TRACK.

JUST LIKE, WHILE THIS HAS A SIGNIFICANT PRICE TAG, IT ALSO CONNECTS TO A CITYWIDE ASSET, HOPEFULLY ALONG THE TRAIL.

SO I THINK WE SHOULD WELCOME THAT CONVERSATION.

I THINK WE SHOULD DO IT LAST TIME.

WE VOTED, WHEN WE VOTED ON THAT, WE ASKED FOR THE PARKS DEPARTMENT TO PROVIDE US SOME INFORMATION ON EQUITY IN THE PARKS BOND SPENDING.

UM, AND SINCE THEN I'VE HAD SOME THINGS WITH PARD, UM, JUST TO BE TRANSPARENT ABOUT IT, ABOUT SOME OF THE GOOD THINGS IN THAT REPORT.

AND THEN ALSO SOME OF THE PLACES WHERE I THINK IT NEEDS TO BE BETTER.

SOME OF IT WAS BROKEN DOWN ON HOW MUCH HAVE WE SPENT WEST OF MOPAC BETWEEN 35 AND MOPAC, AND THEN EAST OF 35, BUT THAT WHERE I THINK WE NEED TO GET OF COURSE, WAY MORE GRANULAR THAN THAT, BECAUSE BETWEEN MOPAC AND 35, YOU HAVE IN LITERALLY IN THAT GEOGRAPHIC SPACE, THE HIGHEST INCOME ZIP CODE IN THE CITY AND THE LOWEST INCOMES OF CODE IN THE CITY, YOU HAVE, UM, YOU KNOW, YOU JUST HAVE, WE HAVE TO FIGURE OUT REALLY WHAT OUR MOST PRIORITIZED EQUITABLE INVESTMENTS SHOULD BE.

[02:35:01]

WHETHER PARKLAND DEDICATION IS RIGHT FOR THEM, BECAUSE THERE MAY NOT BE DEVELOPMENT HAPPENING NEAR THEM.

AND HOW ARE WE MAKING UP FOR THAT AND BOND MONEY.

THEY ALSO, THE REPORT HAD HOW MUCH WE WERE SPENDING PER DISTRICT, WHICH COULD BE USEFUL IN SOME WAYS, BUT ALSO RIGHT IN MY DISTRICT, I'VE GOT AREAS THAT ARE RIGHT AROUND BARTHOLOMEW PARK IN SOME AREAS THAT ARE NOWHERE NEAR IT.

UM, BUT ULTIMATELY IN THAT BREAKDOWN, IT DID SHOW THAT IF YOU ADDED UP THE CURRENT EXPENDITURES, AS THERE ARE A LOT OF THAT FOUR AND FIVE ARE GETTING THE LEAST.

AND AT MINIMUM, I KNOW THAT MY DISTRICT HAS THE LEAST PARKS ACRES OF ANYWHERE IN THE CITY.

AND SO I THINK IT IS A CONVERSATION WORTH US, UM, WORTH US ALL, HAVING MAYBE NOT AROUND A PARTICULAR ACQUISITION, BUT NOW THAT THIS HAS COME UP AROUND TWO OF THESE ACQUISITIONS, LET'S, LET'S SET UP A CONVERSATION.

I KNOW PARK IS ALREADY WORKING ON IT.

I DON'T DOUBT IN THE LEAST THE COMMITMENT OF DIRECTOR MCNEELY AND HER STAFF TO WORKING TOWARDS THIS.

BUT I ALSO DON'T DOUBT THAT INSTITUTIONALLY TURNING AROUND A SHIP, ISN'T AN EASY THING TO DO, AND THAT IT MIGHT TAKE ALL OF OUR INPUT AND, AND DOING HARD WORK, BECAUSE IF WE TURN THE DIAL JUST A LITTLE BIT TOWARDS EQUITY, IT WILL TAKE US FOREVER TO UNDO PREVIOUS DECISIONS.

SO I THINK WE PROBABLY ALL HAVE TO BE THERE IF WE WANT TO, TO TURN THE DIAL A LITTLE BIT FURTHER, COUNCIL MEMBER AUTHORED.

UM, I JUST WANT TO SORT OF, I BELIEVE THAT JOHN TREVINO PARK AND SOME OF THESE OTHER PARKS, WALTER LONG, SOME OF THESE WERE, YOU KNOW, THESE ARE PARKS THAT WE LAND BANKED, UM, WHETHER THEY WERE PARKLAND DEDICATION OR NOT, I'M NOT, I'M NOT SURE.

UM, BUT YOU KNOW, ONE OF THE REASONS THAT WE HAVE THE PARK SYSTEM WE'VE HAVE, AND THAT WE HAVE THE ABILITY TO BUILD OUT SOME OF THESE PARKS IS THAT WE HAVE TAKEN ADVANTAGE OF ACQUIRING PARKLAND, EVEN KNOWING THAT IT MAY BE QUITE AWHILE BEFORE THAT LAND CAN BE DEVELOPED, UM, INTO A PARK.

UM, AND I THINK THAT, YOU KNOW, AS WE HAVE ANY ADDITIONAL CONVERSATIONS THAT WE HAVE, THAT IT'S IMPORTANT FOR US TO RECOGNIZE THE IMPORTANCE OF THAT PRACTICE, THAT LAND IS, UM, BEING ABLE TO ACQUIRE LAND OVER TIME, JUST AS A GENERAL PRACTICE.

OBVIOUSLY WE HAVE TO MAKE CHOICES OVER WHERE WE'RE SPENDING OUR MONEY.

UM, THERE IS VALUE TO THAT, UM, OVER TIME.

UM, AND IT'S ONE OF THE TOOLS THAT WE HAVE TO INCREASE ACCESS, UM, OVER TIME AS WE GROW AND, UM, AND WHATNOT.

AND IT'S JUST, THERE'S A LOT, UM, THERE'S A LOT OF HISTORY.

THERE'S A LOT OF, UM, UM, LEGAL STUFF AS PART OF THIS CONVERSATION, UM, YOU KNOW, AS WE MOVE FORWARD.

UM, AND, AND I THINK THAT WE'RE, YOU KNOW, WHAT HAS BEEN ACCOMPLISHED JUST IN THE FEW YEARS SINCE WE CHANGED THE ORDINANCE, UM, IN 2016, UM, AND WE'VE HAD THAT IN COMBINATION WITH THE BONDS AND THE WAY THAT THE PARKS DEPARTMENT HAS MANEUVERED THAT I FEEL LIKE WE HAVE ACCOMPLISHED A LOT WITH A VERY MINIMAL AMOUNT OF MONEY.

UM, AND SO I'M EXCITED TO SEE IF THERE'S MORE THAT WE CAN BE DOING.

UM, AND I HOPE THAT THIS CONVERSATION WILL FURTHER REINFORCE THE IMPORTANCE OF THESE FEES, UM, TO OUR PARKS SYSTEM AND HELP US TO SEE THAT MAYBE WE NEED TO BE MAKING ADDITIONAL INVESTMENTS IN OUR PARKS, UM, OF OUR CONCESSIONS.

GREAT.

MY COLLEAGUES, LET'S GO AHEAD AND TAKE A, VOTE THOSE IN FAVOR OF THIS ITEM.

PLEASE RAISE YOUR HAND.

THOSE OPPOSE THOSE ABSTAINING.

I HAVE THE MAYOR PRO TEM ABSTAINING.

I HAVE FLANNIGAN AND RENTER REVOLTING.

NO, UH, HARPER, MADISON, HOW ARE YOU VOTING? I'VE SENT IN AND I STILL HAVE COMMENTARY IF YOU, IF, IF THERE'S STILL TIME FOR THAT.

UM, JUST IN, IN RESPONSE TO MY COLLEAGUE, I JUST, I JUST WANT TO BE CLEAR.

I MEAN, WALTER YULONG, FOR EXAMPLE, WHICH WAS SPECIFICALLY NAMED EVA, HAD A PLAN IN PLACE SINCE THE SEVENTIES AND WE STILL DON'T HAVE A PARK.

SO MY HOPE IS THAT AS WE MOVE FORWARD THROUGH THESE CONVERSATIONS, AND WE TALK ABOUT EQUITABLE DISTRIBUTION OF PARKLAND, DEDICATION TO THE CITY OF AUSTIN, THAT IT'S ACTUALLY MEANINGFUL AT SOME POINT, BUT I JUST, UNFORTUNATELY AS MUCH AS I REALLY, REALLY WANT IT TO BE ABLE TO YES, HERE, BECAUSE I THOUGHT WE WERE GOING TO FIND OURSELVES IN A PLACE WHERE WE COULD, UM, TALK ABOUT FROM A PROCEDURAL PERSPECTIVE, HOW WE MOVE FORWARD, I'M GOING TO HAVE TO ABSTAIN ON THIS ONE.

I JUST, I CANNOT IN GOOD CONSCIOUS VOTE YES.

ON THIS ONE.

SO, UM, I'M, UM, I'M AN ABSTENTION.

I UNDERSTAND.

THANK YOU.

UH, CATHERINE TABO, UH, THANK YOU, MIRA.

I WANT TO THANK MY COLLEAGUES, UM, FOR THEIR CONVERSATION AROUND THIS TRACT, AND I'M REALLY GLAD TO SEE IT MOVING FORWARD ON IT.

TO ALSO

[02:40:01]

SUPPORT THE IDEA OF HAVING A BROADER COUNCIL CONVERSATION.

AS I SAT WITH, I SAT WITH LOTS OF INFORMATION AND ASKED THE STAFF OVER THE LAST COUPLE OF WEEKS FOR LOTS OF INFORMATION, BOTH ABOUT THIS TRACK, BUT ALSO ABOUT SOME OF THE PREVIOUS, UM, PURCHASES THAT WE'VE MADE.

UM, TYPICALLY THESE AREN'T PULLED FROM THE CONSENT GENDER.

WE'VE HAD, UM, A COUPLE HAPPENED IN THE LAST FEW MONTHS THAT JUST WENT THROUGH ON CONSENT.

UM, ONE FROM MORE THAN A MILLION DOLLARS AT GA WHEN A MUCH SMALLER ATTRACT AND DO TWO.

SO TYPICALLY WE DON'T REALLY SPEND MAYBE ENOUGH TIME TALKING ABOUT THESE ACQUISITIONS, BUT FOR ALL THE REASONS THAT I SUGGESTED, I THINK THIS IS A USEFUL AREA OF CONVERSATION.

AND I WOULD LIKE TO SUGGEST THAT IT HAPPENED AT A WORK SESSION.

I WROTE REALLY, UM, I KNOW OUR STAFF REACHED OUT TO US AND OFFERED US ALL A PRESENTATION.

AND A COUPLE OF US DID, DID FOLLOW A LOW, UM, DID RESPOND AND, AND WERE ABLE TO HAVE THAT, THAT DISCUSSION.

AND SO, YOU KNOW, I, I WANT TO ALSO SUGGEST TO THE PUBLIC, THERE'S A SITE THAT MIGHT BE AFRAID OF INTEREST IT'S LINKED IN OUR BACKUP, AND IT'S THE STORY MAP OF PARKLAND DEDICATION.

AND IT'S AN INTERACTIVE MAP.

SO YOU CAN SEE VERY DIRECTLY, UM, WE ARE JUST IN THIS ONE AREA OF PARTS FUNDING WHERE THOSE FEES HAVE BEEN GENERATED BY WHICH PROJECT, AND IF THEY HAVE BEEN EXPENDED WHERE THEY'VE BEEN EXPENDED, AND YOU CAN ALSO SEE THE SERVICE AREAS.

AND I THINK THE CONVERSATION ABOUT HOW WE DRAW THOSE SERVICE AREA BOUNDARIES, UM, IS A USEFUL ONE.

AND I LOOK FORWARD TO HAVING THAT IN THE CONTEXT OF THE COUNCIL, PERHAPS A COUNCIL WORK SESSION, BUT I WANT TO POINT OUT THAT THERE ARE, UM, BALANCES AND IN VARIOUS AREAS AND VARIOUS OTHER SERVICE AREAS.

AND SO THOSE ARE ELIGIBLE FUNDS THAT THAT CAN BE USED IN THOSE AREAS TO PURCHASE PARKLAND.

AND IT'S MY UNDERSTANDING FROM TALKING TO THE STAFF THAT THEY, THAT THEY HAVE PRETTY ACTIVE LISTS OF POTENTIAL ACQUISITIONS.

AND SO THAT MIGHT BE AN INTERESTING CONVERSATION FOR US TO HAVE IN A REAL ESTATE EXECUTIVE SESSION.

UM, BUT I FOUND IT TO BE VERY USEFUL TO WALK THROUGH WITH STAFF PARKLAND, DEDICATION, HOW THEY MAKE DECISIONS, HOW THEY, I KNOW THERE WAS A QUESTION EARLIER ABOUT KIND OF WHAT THE CRITERIA ARE.

UM, I GOT A LIST FROM OUR PART DEPARTMENT ABOUT, YOU KNOW, THE WAYS IN WHICH THIS TRACT MET GOALS OF THE LONG RANGE PLAN.

AND THERE WERE SOME IMPORTANT ONES FROM PRIORITIZING NEW ACCESS OR ENTRY POINT TO EXISTING MOBILITY NETWORKS, WHICH SHOW CREATES CLEARLY IT'S NOT ONLY ON NORTH SOUTH ACCESS, BUT IT ALSO CONNECTS UP TO A VERY IMPORTANT USE OF WEST CORRIDOR OF ON THIRD STREET AND ALL ABILITIES CORRIDOR OR ACCESSIBILITY OR ALL ABILITIES.

THAT'S ANOTHER ONE.

I MEAN, THERE WERE, THEY WERE ABLE TO PROVIDE ME WITH YOUR KEY ELEMENTS OF THE LONG RANGE PLAN THAT THAT'S FULFILLED, BUT, YOU KNOW, I ALSO WANT TO SAY THAT, UM, I APPRECIATE IT VERY MUCH STAFF.

YOUR IT'S NOT VERY OFTEN, UM, THAT WE'RE ABLE TO ACQUIRE SOME OF THESE TRACKS BECAUSE THE CITY IS, IS OBLIGATED TO PAY ONLY MARKET THAT WE CAN'T DO THAT SOME PRIVATE FOLKS CAN DO, WHICH IS TO SOMETIMES OFFER HYBRID BEDS.

AND SO I REGARD THIS ACQUISITION AS A REAL WIN FOR ALL THE REASONS THAT THE STAFF HAVE TALKED ABOUT OVER THE LAST COUPLE OF WEEKS, IT DOES PROVIDE ACCESS TO A REALLY IMPORTANT CORRIDOR.

UM, IT, IT IS, UM, ALSO THOUGH I THINK VERY IMPORTANT HISTORIC SITE AND IT'S, AS WE'VE DISCUSSED, AS DIRECTOR MCNEELY TALKED ABOUT, THIS WAS A NEIGHBORHOOD THAT WAS, UM, AN AFRICAN AMERICAN NEIGHBORHOOD AND IT WAS A MEXICAN AMERICAN NEIGHBORHOOD AND THAT THE HISPANIC HISTORY OTHER THAN THE MARKET HAS REALLY BEEN ERASED FROM THE SITE WITH THE DEMOLITION OF, OF ANY OF THE STRUCTURES THAT WERE IN THAT AREA.

AND THIS IS I FOUND THE FEASIBILITY STUDY THAT STAFF WOULD IN OUR BACK UP REALLY COMPELLING.

AND THE OPPORTUNITIES ON THIS SITE, I THINK ARE LITTLE REALLY, UM, WILL REALLY LIVE OUT THE VALUE THAT WE'RE PAYING FOR IT.

SO, UM, I'M EXCITED ABOUT THE POTENTIAL AND I WANT TO THANK THE STAFF WHO WERE INVOLVED WITH THIS.

AND, UH, AGAIN, TO SUGGEST THAT A WORK SESSION MIGHT BE THE PERFECT PLACE TO HAVE THOSE CONVERSATIONS SO THAT WE CAN ALL BE PRESENT AND CAN WALK THROUGH THE PARKLAND DEDICATION SITE TOGETHER, WHICH I THINK IS REALLY VALUABLE.

ONE OF THE THINGS THE STAFF TALKED ABOUT IS THE WAYS IN WHICH THEY HAVE SINCE 1998, AND REALLY STRATEGICALLY TRIED TO ADDRESS UNDER INVESTMENT IN AREAS OF OUR TOWN, UM, WHERE THE 80% OR THE ACQUISITION SINCE 1998 HAPPENED EAST OF 35.

THAT IS NOT TO SAY THAT THERE AREN'T OTHER MATTERS OF EQUITY THAT, THAT BEAR CONSIDERATION AND DISCUSSION.

BUT I THINK IT IS A REALLY, REALLY CRITICAL THAT WE HAVE THOSE CONVERSATIONS ALL TOGETHER SO THAT WE CAN LOOK AT THE INFORMATION TOGETHER AND, AND, UM, AND BRAINSTORM ABOUT WAYS TO MOVE FORWARD WITH IT.

SO AGAIN, THANK YOU STAFF, UH, FOR THE, FOR BRINGING THIS FORWARD.

I THINK IT'S GOING TO BE A VERY GOOD ADDITION IN OUR, IN OUR NETWORK.

YOU MUTE IN THERE.

I WOULD SAY I

[02:45:01]

WAS ABOUT TO CALL THE VOTE, BUT IT'S, APPARENTLY WE WERE NOT READY FOR THAT YET.

UM, A COUNCIL MEMBER WOULD NOT, I WAS IN THE MIDDLE OF COUNTING THE VOTE WHEN PEOPLE SPEAK.

UH, NOW I HAVE MORE PEOPLE'S HANDS THAT ARE READY.

SO COUNCIL MEMBER, RENTER RHEA, I JUST WANT TO MAKE, MAKE IT CLEAR THAT THE REASON WHY I'M VOTING FOR IT IT'S BECAUSE I THINK IT WAS A PRAISE TOO HIGH.

I DIDN'T LIKE THE IDEA THAT WE'RE BUYING THIS FROM A PREVIOUS CITY EMPLOYEE THAT LEFT THE CITY HALL CITY AROUND 2018.

AND I JUST, YOU KNOW, I HAVE A PROBLEM WITH THAT.

YOU KNOW, I THINK WE NEED TO REALLY SET A POLICY ABOUT WHO WE BUY.

I HAVE TO PROM AND THE CITY EMPLOYER USED TO WORK FOR THE PARKS DEPARTMENT.

AND NOW WE'RE BACK, WE'RE PAYING THAT PERSON ONE POINT TO ME, VALID FOR THIS LITTLE PIECE OF LAND.

NOW THAT'S, THAT'S MY BIGGEST PROBLEM WITH THIS WHOLE ISSUE.

I LEFT HILL CREEK.

I THINK THAT NEEDS A LOT OF NEEDS, A LOT OF BLUEPRINT AND A LOT OF WORK ON IT.

IT'S JUST THE COST HAS NOTHING TO DO WITH CHOKE CREEK.

IT HAS NOTHING TO DO WITH PARKLAND ACQUISITION OR, YOU KNOW, I, I VOTED FOR A LOT OF GOALS.

IT'S JUST THAT THERE'S THIS PIECE OF LAND.

I JUST DO NOT FEEL COMFORTABLE WITH IT.

UNDERSTAND ANYBODY WANT TO SAY BEFORE WE CALL THE VOTE? MR. FLANAGAN, JUST, JUST, UH, JUST A COUPLE OF, OF KIND OF LIKE STATISTICS FOR FRAMING.

THE, THE, I DON'T THINK IT COUNTS FOR EQUITY IF WE'RE BUYING PARKLAND OR BUILDING IMPROVEMENTS THAT TECHNICALLY PEOPLE FROM ALL OVER THE CITY CAN GO TO BECAUSE THERE HAPPENS TO BE A LONGER CORRIDOR THAT CONNECTS TO IT THAT THAT'S KIND OF NOT HAVING EQUITY WORKS.

AND THE LAST TIME I WAS ON THE ALL ABILITIES CORRIDOR ENDED AT 35.

AND I THINK THE FACT THAT, YOU KNOW, IF THAT 80% NUMBER IS ACCURATE ABOUT PARKLAND DEDICATION ACQUISITION, THEN BECAUSE OF HOW PARKLAND DEDICATION WORKS, IT MEANS THAT 80% OF THE DEVELOPMENT WASN'T EAST AUSTIN, WHICH IS THE OPPOSITE OF THE EQUITY CONVERSATION WE'RE TRYING TO HAVE.

SO IT IS MORE COMPLICATED THAN THAT.

AND, UM, I JUST, I FELT LIKE I NEEDED TO JUST SAY THAT PART.

YEAH.

HANG ON A SECOND.

I THINK THERE'S SOME OTHER PEOPLE THAT ALSO RAISED THEIR HANDS.

I'D ASK OUR STAFF TO CLARIFY THE POINT THAT COUNCIL MEMBER FLANNIGAN JUST GREASED BEFORE IT BECOMES EMBEDDED IN THE NARRATIVE.

UM, I SAID 80% OF THE ACQUISITIONS.

THAT WAS MY UNDERSTANDING FROM THE PART STAFF AND DIRECTOR MCNEELY WOULD BE ABLE TO VERIFY, VERIFY THAT IT WASN'T ABOUT PARKLAND DEDICATION.

IT WAS ABOUT ACQUISITIONS.

BUT IF OUR, IF OUR PARKS DEPARTMENT PLEASE VERIFY THAT INFORMATION COUNCIL MEMBERS, I WOULD PREFER TO BE ABLE TO GO BACK AND LOOK THROUGH MY STUFF, JUST TO GO INFORMATION AND PROVIDE THAT TO YOU IN WRITING, JUST TO MAKE SURE THAT I'M GIVING YOU THE RIGHT INFORMATION ABOUT WHAT THE EPIC 80% REFERENCES, BUT I'M LOOKING THROUGH THE QUESTIONS RIGHT NOW.

OKAY.

THANK YOU.

COULD YOU ALSO VERIFY IT WAS MY UNDERSTANDING THE ALL ABILITIES PATH WENT ALL THE WAY TO CHICAGO.

OKAY.

OKAY.

ABOUT ANYTHING ELSE BEFORE WE VOTE, ANYBODY ELSE HOW'S REMEMBER HARPER MADISON? THE ONLY OTHER THING I WAS GOING TO SAY WAS I REALLY APPRECIATED COUNCIL MEMBER TURBO'S, UM, CONTRIBUTION TO THE DIALOGUE.

CAUSE IT SOUNDS TO ME LIKE WE'RE SAYING THE SAME THING.

I THINK OFTENTIMES WE WERE SAYING THE SAME THING, UM, HOW IT COMES ACROSS.

UM, IT DOESN'T NECESSARILY PRESENT FOR THE GENERAL PUBLIC.

I THINK WE'RE SAYING THE SAME THING.

WE JUST WANT TO MAKE SURE THAT THIS PROCESS IS APPROPRIATE AND THAT WE'RE DOING THE RIGHT THINGS, THAT WE'RE GETTING THE MAXIMUM EXTRACTION BY WAY OF OUR INVESTMENTS.

UM, AND SHE JUST SAID SOMETHING DURING THE CHRISTOPHER COMMENTARY THERE TOWARDS THE TAIL END.

THAT WAS JUST, I THINK HE WAS SO COMPREHENSIVE IN THAT WHAT SHE'S SAYING IS I'M SAYING THE SAME THING SHE'S SAYING WE'RE SEEING THE SAME THING, BUT IT SOUNDS LIKE WE'RE ON OPPOSITE ENDS OF THE THING, YOU KNOW? SO MY ABSTENTION IN THIS PROCESS, UM, I WOULD LIKE TO MAKE SURE TO POINT OUT FOR THE GENERAL PUBLIC COUNCIL MEMBER TOVO IS A YES VOTE AND I'M AN ABSTENTION, BUT WE'RE SAYING THE SAME THING WE WANT, GENERALLY WE WANT THE BEST FOR OUR COMMUNITY.

UM, AND I THINK WE ALL WANT THAT.

AND, UH, JUST GENERALLY SPEAKING, JUST TO OFFER PEOPLE THE OPPORTUNITY TO RECOGNIZE MORE OFTEN THAN NOT, UM, EVEN IF WE, IT FEELS LIKE WE'RE OPPOSED TO ONE ANOTHER, WE'RE SAYING THE SAME THING.

WE BOTH WANT WHAT'S BEST FOR OUR COMMUNITY.

SO I JUST WANTED TO SAY THANK YOU, COUNCIL MEMBER TOVO, UM, FOR YOUR CONTRIBUTION TO THAT, TO THE DIALOGUE, I THINK AT THE END OF THE DAY, WE'RE SAYING THE SAME THING.

WE JUST WANT WHAT'S BEST FOR OUR COMMUNITY.

SO, UM, JUST WANTED TO POINT THAT OUT.

I THINK, UH, GIVEN THE

[02:50:01]

CURRENT CLIMATE AROUND POLITICS, PEOPLE REALLY NEED TO KNOW THAT IT'S NOT AS UGLY AS IT MIGHT APPEAR.

LIKE WE REALLY JUST WANT THE SAME THINGS FOR OUR COMMUNITY.

SO THANK YOU.

THAT'S OKAY.

THANK YOU.

SO I THINK THE VOTE IN THIS IS COUNCIL MEMBERS FLATTING IN AND RENT A REIA VOTING NO, AND COUNCIL MEMBER, A HARPER MADISON, AND THE MAYOR PRO TEM ABSTAINING THE OTHER SEVEN VOTING.

AYE.

THE VOTE IS SEVEN TWO TWO.

AND THIS ITEM PASSES.

YES.

THAT MEANS WE GOT THAT RIGHT NOW.

WE'LL GO ON TO THE NEXT ITEM,

[31. Conduct a public hearing and consider an ordinance amending City Code Title 25 to amend theNorth Burnet/Gateway Regulating Plan to modify the civic land uses allowed in the Transit OrientedDevelopment (TOD) Sub-District. (Part 2 of 2)]

WHICH IS ITEM 31.

UH, WE, UH, DISCUSS THIS, YOU KNOW, AT A HIGHER, UH, IN FRONT OF US, WE HAVE A SPECIAL CALLED MEETING AT SIX O'CLOCK.

I CAN NEVER CONCERN THE SAME PROPERTY, UH, BUT INSTEAD OF HANDLING IT AS IT IS IN 31, IT WOULD, UH, HAVE THE COUNCIL INITIATING PS ZONING.

UM, DOES ANYBODY WANT TO, UH, DISCUSS THIS? UH, NOW THEY MIGHT WANT TO MOVE SOMETHING NOW WITH RESPECT TO 31? UH, OR DO WE WANT TO COME BACK THAT, UH, SIX O'CLOCK THE FAULT IS GOING TO BE COMING BACK AT SIX O'CLOCK TO HANDLE IT THAT WAY OR WHAT MIGHT BE TO HOLD THE BILL CURRENTLY? UH, SO, AND IF WE NEEDED TO BE ABLE TO GO EITHER DIRECTION.

UM, SO A MEMBER POOL.

THANKS MAYOR.

YEAH.

UM, I'M FINE WITH, UM, APPROVING BOTH, UH, THIS ITEM AND THE SPECIAL CALLED ITEM.

NUMBER ONE, AS FOOD SUCH AS BELTS AND SUSPENDERS.

UM, I SAID BOOTS AND SUSPENDERS, WHICH DIDN'T MAKE ANY SENSE.

UM, BUT I WOULD LIKE, UH, BOTH, UH, AUSTIN ENERGY, GENERAL MANAGER, JACKIE SERGEANT, AND, UM, ESSENTIALLY THE CITY MANAGER TO ADDRESS THE NEED FOR MOVING FORWARD, UM, WITH APPROVALS ON THESE TWO ITEMS TODAY, SO THAT, UM, POSSIBLY ENERGY HAS THE CERTAINTY THAT IT NEEDS IN ORDER TO BE ABLE TO, UM, START ON THIS REALLY IMPORTANT INFRASTRUCTURE PROJECT.

AND SO I THOUGHT IT WOULD BE GOOD FOR THE DIRECTOR AND POTENTIAL INCIDENT MANAGER ALSO TO GIVE US THE, UH, THEIR PERSPECTIVE BECAUSE IT IS A CITY PROJECT.

AND, UH, THEN I WOULD BE HAPPY EITHER TO MAKE A MOTION JUST FOR 31 NOW OR WAIT, UM, AND MAKE A MOTION FOR BOTH 31 AND ONE, UM, IN, UH, ABOUT AN HOUR AND A HALF OR TWO HOURS.

OKAY.

AND FROM WHERE I SIT AT A HIGH LEVEL, UM, I'M FINE GOING WITH THE P UH, ZONING AT SIX O'CLOCK.

UH, IF WE'RE GOING TO HAVE CONVERSATION, IF WE'RE GOING TO ACTUALLY PASS THIS, UH, IN, IN 31, UH, I THINK THAT SAYS SOMETHING ABOUT, UH, WHAT WE INTEND TO DO.

UH, AND I THINK WE OBVIATE THAT CONVERSATION BY JUST APPROVING, UH, THE ITEM THIS EVENING.

UH, SO FOR THAT REASON, IF WE'RE GOING TO PROVE THE VITAMIN THIS EVENING, I WOULD NOT SUPPORT WELL, THEN THAT'S WHERE, THAT'S WHERE MAYOR IT'S IMPORTANT FOR THE GENERAL MANAGER TO WEIGH IN AND EXPLAIN THE TIMELINE YOU ASK FOR THAT THE STAFF WILL GET A CHANCE TO BE ABLE TO TALK.

OKAY.

UH, COUNSELOR.

YEAH, MY, MY CONCERN IS THE, UM, IT'S JUST THE TIME THAT IT WOULD TAKE FOR THE, UM, UH, FOR THE ROUTE THAT'S BEING SUGGESTED IN THE SPECIAL CALL MEETING.

AND, AND, UM, I'M ALSO NOT UNDERSTANDING WHY IT'S NECESSARY.

I KNOW WE'VE HAD SOME CONVERSATION ABOUT IT, BUT, UM, BOTH OF THESE, BOTH OF THESE ROUTES INVOLVE, UH, THE NOTICE.

UM, AND SO I'M JUST NOT CLEAR.

DOESN'T SEEM TO ME THAT THE, UM, THERE, UM, ITEM NUMBER SIX IS NECESSARY.

IF I'M UNDERSTANDING CORRECTLY, THE ITEM NUMBER SIX, THIS IS THE CLARK SPECIAL CALL MEETING.

I'M HAPPY TO SUPPORT BOTH, BUT I, I, BUT I DON'T.

UH, BUT I'M NOT UNDERSTANDING WHY, UM, THE, UM, THE ITEM AT SIX O'CLOCK IS NECESSARY.

I THINK PEOPLE ARE SAYING THAT THEY THINK THAT ITEM 31 IS NOT A LEGAL WAY TO MOVE FORWARD, UM, WHICH DOESN'T MAKE ANY SENSE TO ME BECAUSE BOTH OF THEM REQUIRE, NOTICE AND NOTICE IS BEING CARRIED OUT.

AND SO, SO I I'M PREPARED ABOUT TO, UH, PROPOSE THEM TO SUPPORT THEM BOTH.

AND THE REASON THAT I DON'T THAT I WANT TO SUPPORT, UH, 31 IS THE, THE TIMEFRAME.

AND SO, UM, I THINK WE'D BE, NEED TO BE MOVING FASTER

[02:55:01]

THAN WE CAN, UH, WITH THE SIX O'CLOCK ADAM.

AND TO BE CLEAR, I WOULD INTERPRET PASSAGE OF 31 IS THE COUNCIL AGREEING TO MAKE A USE CHANGE, UH, WITHOUT, UM, UH, GIVING PEOPLE THE OPPORTUNITY TO, UH, FILE A PETITION OR HAVE, UH, APPEAL RIGHTS, UM, FURTHER DISCUSSION ON THIS ITEM.

I WANT TO GIVE STAFF A CHANCE TO TALK IF THEY WANT TO COUNCIL MEMBER HARPER MEDICINE, MAY UNFORTUNATELY, IT'S NOT ON THIS ITEM D I DO.

I DID WANT TO MAKE SURE TO LEAVE US WITH SOMETHING, UM, BEFORE WE, YOU KNOW, DEPARTED THIS AFTERNOON, BUT IT'S NOT ON THIS ITEM.

SHOULD I HOLD OFF? WHY DON'T YOU HOLD OFF? OKAY.

UM, I DON'T KNOW IF, IF, IF, UH, UH, SERGEANT OR, UH, MR. CRAFT WENT TO WANT TO SPEAK ON THIS ITEM AT THIS POINT, COUNSEL, I MEAN, THIS IS A PROJECT THAT AA HAS HAD ON OUR CRITICAL PATH, AND WE HAVE OUR GENERAL MANAGER, JACKIE SERGEANT, TO TALK ABOUT THE NEED FOR THIS PROJECT AND FOR HOW IMPORTANT IT IS TO MOVE FORWARD.

I'LL DEFER TO OUR PLANNING EXPERTS ON JUST THE PROCESS IN WHICH THE DIFFERENT PATHS THAT I WOULD TAKE.

UH, BUT THE MOST IMPORTANT THING FOR US INSIDE OF THE TILES MOVES FORWARD AND THE NEXT, BUT EITHER WAY, UH, BUT PERSONAL OBJECTIVES, SERGEANT SPEAK.

THANK YOU, SPENCER.

THANK YOU, MAYOR COUNCIL MEMBERS, UM, AUSTIN ENERGY RELIED ON THE ADVICE OF THE LAND USE EXPERTS, UH, FOR THE BEST WAY TO MOVE FORWARD TO ADDRESS THIS EXTREMELY CRITICAL NEED.

AND THAT'S WHY ITEM 31 IS ON THE AGENDA TODAY ARE CONCERN.

AUSTIN INTERVIEW'S CONCERN IS WITH REGARD TO ELECTRIC RELIABILITY AND OUR OBLIGATION TO SERVE CUSTOMERS IN THIS RAPIDLY GROWING AREA.

WE ARE ON A CRITICAL PATH TO INITIATE CONSTRUCTION OF THIS MUCH NEEDED SUBSTATION TO INCREASE DELIVERY CAPACITY, ENSURE RELIABILITY AND MINIMIZE THE IMPACTS OF OUTAGES.

THIS LOCATION, UH, IS ACTUALLY IDEAL, UH, BECAUSE WE ALREADY OWN AND OCCUPY THE PROPERTY, THE LAND AND THERE'S EXISTING TRANSMISSION INFRASTRUCTURE AND TRANSMISSION LINES THAT ARE IN SERVICE AND CROSSING THE SITE.

UM, SO WE HAVE A NEED TO, TO THIS FORWARD, AND WE ARE ACTING ON THE ADVICE OF OUR LAND USE EXPERTS AND MAYOR.

IF I, IF I MAY ADD, UM, ITEM 31, UM, IT'S NOT SPECIFIC TO ONE PROPERTY, THE AUSTIN ENERGY PROPERTY, RATHER IT CHANGES THE PERMITTED USE CHART WITHIN THE, UH, BURNETT GATEWAY, UM, DISTRICT.

AND SO IT WOULD ALLOW TWO CIVIC USES, UM, IN ALL FOR ALL PROPERTIES THAT ARE SIMILAR TO HIS OWN.

UM, IT'S HAPPENS THAT AUSTIN ENERGY OF COURSE, UH, FALLS UNDER THAT ZONING CATEGORY THAT'S OVER ALTAR.

SO I KNOW THAT, UM, JERRY SAID THAT THERE WAS NOTIFICATION TO THE COMMUNITY REGISTRY.

UM, BUT I MEAN, I, I THINK THAT THE CRUX OF THE ISSUE IS THAT WE COULD DO 31 IF EVERYONE WAS NOTICED.

UM, BUT I'M NOT SURE IF THOSE TWO ARE THE SAME LIST COUNCIL MEMBER, THE, UH, THE CODE REQUIRES THAT, UM, ALL CODE AMENDMENTS ARE NOTIFIED TO THE COMMUNITY REGISTRY.

SO THAT'S WHY THAT WAS HANDLED IN THIS CASE.

UM, A ZONING CASE WOULD RECEIVE THE 500 FOOT NOTIFICATION.

OKAY.

SO AGAIN, I THINK THE ISSUE IS WHETHER THE 500 THAT THINK THE QUESTION OF CONCERN FOR DOING THE SPECIAL CALL VERSUS THIS HAS TO DO WITH WHETHER OR NOT WE HAVE NO IN VIOLATION OF, UM, THAT KENYA CASE.

AND SO WHEN YOU SAY IT'S BEEN NOTICED THAT HAS NOT BEEN NOTICED SUFFICIENTLY TO MEET THAT LEVEL OF NOTICE AS IF IT WERE A ZONING CHANGE, I'M NOT TALKING ABOUT WHETHER THE CODE REQUIRES IT OR NOT, BUT I THINK THAT IS THE, THAT IS THE CHOICE THAT WE'RE TRYING TO TO UNDERSTAND.

UM, AND SO IF IT, IF IT HASN'T BEEN NOTICED, THEN WE CAN EITHER MOVE FORWARD WITH, UM, THE SPECIAL CALL MEETING, OR WE CAN DO THE NOTICE AND PASS AND CONTINUE TO PASS IT.

OR WE COULD DO BOTH OF THOSE, UM, TO GET IT DONE.

AM I, AM I, AM I UNDERSTANDING CORRECTLY? WHAT, WHETHER WE HAVE NOTICED IT OR NOT FOR ZONING A COUNCIL MEMBER, WE HAVE NOT NOTICED IT IN THE MANNER THAT WE WOULD NOTIFY

[03:00:01]

HIS ZONING CASE WITH THE 500 FEET COUNCIL MEMBER KITCHEN.

GOOD.

THANKS JERRY.

JUST A QUICK FOLLOW-UP DOES THAT MEAN IT'S DIFFERENT PEOPLE? SO WE HAVEN'T NOTIFIED ALL THE SAME PEOPLE OR IS IT JUST A FORM OF NOTIFICATION? NO COUNCIL MEMBER, IT'S A DIFFERENCE IN THE PEOPLE.

SO THE CODE SAYS WHEN WE'RE DOING A CODE AMENDMENT, WE NOTIFY THE COMMUNITY REGISTRY, WHICH IS WHAT WE DID IN THIS CASE.

BECAUSE AGAIN, AS I STATED EARLIER, RICHARD PERMITTED USE TABLE, WE'RE NOT CHANGING THE ZONING, NOT WITH THIS ITEM.

THAT IS THE SIX O'CLOCK ITEM.

UM, SO WE NOTIFIED THE COMMUNITY REGISTRY.

IF IT WERE A ZONING CASE, OR IF THE SIX O'CLOCK ITEM WERE TO PASS, THEN IT WOULD RECEIVE NOT PEOPLE WITHIN 500 FEET WOULD RECEIVE A NOTICE.

OKAY.

I GUESS I'M NOT UNDERSTANDING THE DIFFERENCE BETWEEN THE COMMUNITY REGISTRY.

I DON'T KNOW.

I DON'T KNOW WHAT THAT'S COMPOSED OF.

PERHAPS YOU COULD JUST SURE.

THE COMMUNITY REGISTRY IS BASICALLY THE LIST OF ALL REGISTERED NEIGHBORHOOD ASSOCIATIONS WITHIN THE CITY.

OKAY.

OKAY.

IT WOULD BE MY INTENT TO RECESS THIS MEETING AND CALL US BACK AT SIX O'CLOCK FOR THE COUNCIL TO DISCUSS WHAT IT WANTS TO DO.

BUT BEFORE I DO THAT ONE LAST THING BY WAY OF PRIVILEGE, AND THEN I'LL GO TO CONFIRM A HARPER MADISON, CAUSE IT SOUNDED LIKE SHE MIGHT'VE HAD SOMETHING.

UM, I JUST WANT TO POINT OUT THAT, UH, JEANETTE, UH, HAS BEEN, UH, UH, ELECTED IT PRESENTED, UH, JUST A FEW MOMENTS AGO WITH THE, UH, PRESTIGIOUS HONOR OF BEING SELECTED THE, UH, 20, 20 TEXAS MUNICIPAL CLERK OF THE YEAR BY THE TEXAS MUNICIPAL CLERKS ASSOCIATION.

UH, SHE WAS NOMINATED BY THE LOCAL CHAPTER, UH, FOR THIS AWARD, UH, THE AWARD, UH, UH, THE TEXAS MUNICIPAL CLERK OF THE YEAR SELECTED ANNUALLY NOMINEES HAVE TO MEET CERTAIN REQUIREMENTS, UH, IN ORDER TO BE ABLE TO BE A ELIGIBLE, UH, ACTIVE MEMBER FOR FIVE YEARS, PROVIDED SERVICE TO OTHER MUNICIPAL CLERKS OR LOCAL STATE LEVEL, EXHIBIT LEADERSHIP ABILITIES, UH, AND HOLD THE, UH, TEXAS REGISTERED MUNICIPAL CLERK CERTIFICATION.

GIVEN THE FACT THAT SHE WAS JUST AWARDED THAT JUST A MOMENT TO GO VIRTUALLY.

UH, I WANTED TO TAKE THIS CHANCE.

I'M SURE WE ALL JOIN IN CONGRATULATING IS JEANETTE HERE? SHE'S PROBABLY A 10 MILLION.

YOU'RE ACTUALLY THERE.

CONGRATULATIONS.

UH, WELL, WELL, WELL OUR MAYOR, YES.

UH, I'M, I'M SURPRISED SHE HASN'T BEEN NOMINATED FOR SAINTHOOD WITH THE AMOUNT OF PETITIONS AND, UH, GREAT CITIZEN COMMUNICATION.

WE HAVE HERE.

CONGRATULATIONS WAY TO GO.

UH, NATASHA, DID YOU HAVE SOMETHING ELSE YOU WANTED TO DO BEFORE? WE WENT INTO THAT BEFORE WE RECESSED? LET ME, FIRST OF ALL, SAY, I LOVE YOUR NEW HAIRCUT AND ADD A GIRL, JEANETTE, GET HIM.

YEAH.

YOU, UM, YES.

I WOULD ALSO LIKE TO OFFER UP, WE MISSED IT BY A COUPLE OF DAYS.

UM, ON THE 26TH, IT WAS INTERSEX AWARENESS DAY, BUT WE HAVE AN OPPORTUNITY TO MAKE UP FOR IT BY WAY OF INTERSEX DAY OF SOLIDARITY, WHICH COMES UP ON NOVEMBER 8TH.

UM, I THINK IT IS ENTIRELY IMPORTANT THAT AS WE, AS A PROGRESSIVE COUNCIL HAVE CONVERSATIONS ABOUT MEMBERS OF OUR COMMUNITY THAT ARE UNFORTUNATELY OVERLOOKED FAR TOO OFTEN, UM, THAT WE HAVE CONVERSATIONS ABOUT INTERSEX MEMBERS OF OUR COMMUNITY.

SO, SORRY WE MISSED SHAW ON THE 26TH, BUT WE, MY HOPE IS THAT WE AS A BODY SHOW UP ON THE EIGHTH AND SAY THAT WE SEE YOU, WE RECOGNIZE YOU.

WE APPRECIATE YOU BEING A PART OF OUR COMMUNITY AND WE WILL DO EVERYTHING THAT WE CAN TO, UH, TO BE MINDFUL AND CONSIDERATE AND DELIBERATE ABOUT MAKING SURE THAT YOU ARE SEEN AND REPRESENTED IN OUR COMMUNITY.

SO, UM, THAT WAS ABOUT, IT SOUNDS GOOD COLLEAGUES.

IT IS A PRE 59 AND, UH, WE'RE GOING TO BE IN RECESS UNTIL FOUR.

WE WILL CONVENE A SPECIAL CALL AND AS WE COME OUT OF RECESS, RUN THE TWO MEETINGS CONCURRENTLY SO THAT WE CAN MOVE BACK AND FORTH, BUT WE'LL COME BACK TO SIP.

I'M SORRY.

DID I SAY SIX O'CLOCK SIX? O'CLOCK SORRY.

CAN I ASK ONE QUESTION, JERRY, IF HE'S STILL ON BEFORE YOU GO OR THIS CASE SO I CAN HAVE CLARITY.

UM, SO I'M TRYING TO UNDERSTAND, SO ARE WE, ARE THERE, IS THERE MORE THAN JUST PRETTY THAT'S HAVING ITS USAGE CHANGED? YES, IT WOULD.

IT

[03:05:01]

WOULD, IT'LL APPLY TO ALL PROPERTIES THAT ARE ZONED OD WITHIN THE NORTH PREDICATE WASTE.

OKAY.

THANK YOU, MR. FROM HER KITCHEN IN NORTH BURNET GATEWAY, DID YOU SAY YES.

IT STARTS WITH BRIGHT GATEWAY HAS TODD WITHIN WHEN CRESTVIEW AND ALL THE OTHERS.

THOSE ARE ENTIRELY DIFFERENT.

THIS IS JUST TO, WITHIN THE PREDICAMENT WE PLAN, RIGHT.

I THINK THAT'S BEEN CONFUSING.

IT IS.

THAT'S A PROTECTION.

DO YOU WANNA SAY SOMETHING FOR RELIEF? UH, IT'S A, IT'S ABOUT THE ITEM AT SIX O'CLOCK.

SO IF IT'S APPROPRIATE HERE, I JUST WANTED TO, TO UNDERSTAND THAT MADE ME THINK.

I NEED TO MAKE SURE I'M CLEAR ON THE SCOPE OF WHAT'S BEING PROPOSED AT SIX O'CLOCK FOR THE P ZONING, UM, COUNCIL MEMBER THAT THE SIX O'CLOCK ITEM IS TO INITIATE A ZONING CHANGE FOR P ZONING ON THE PORTION OF THE PROPERTY THAT WOULD, UM, HAVE THE SUBSTANCE ON IT.

SO IT WOULD BE, I JUST WANTED TO DOUBLE CHECK.

THANK YOU.

OKAY.

OKAY.

FOUR O'CLOCK WE'RE IN RECESS.

SO YOU ALL BACK HERE AT SIX, O'CLOCK SEE YOU THEN.

OH TWO.

TODAY IS THURSDAY, OCTOBER 29TH, 2020.

THIS IS THE CONTINUATION OF THE, UH, AUSTIN CITY COUNCIL MEETING.

AND I BEGAN THIS MORNING.

ONE ITEM LEFT IT'S ITEM 31.

I'M ALSO GOING TO, UH, CONVENE THE, A SPECIAL CALL MEETING, UH, SET FOR THURSDAY, OCTOBER 29, 2020.

UH, THIS IS CALLED MEETING, UH, TO CONVENE, UH, NO EARLIER THAN SIX.

UH, AND WE ARE CONVENING THIS VIRTUALLY AND RUNNING CONCURRENTLY WITH THE REGULARLY SCHEDULED COUNCIL MEETING MEETING.

WE HAVE A QUORUM PRESENT, UM, AND BEFORE US IS THE, UH, UH, FIGURING OUT HOW BEST TO, UH, HAVE, UH, AUSTIN ENERGY HELP, UH, AUSTIN ENERGY MOVE FORWARD WITH THE, UH, SUBSTATION TO BE, UH, CONSTRUCTED, UH, ON THE, UH, ON THE SITE.

MY SENSE IS, IS THAT WE ARE ALL JOINED IN THE, UH, UH, EFFORT TO, TO GET THE, UH, AUSTIN ENERGY OUT THERE JUST AS QUICKLY AS POSSIBLE.

UH, I THINK WE SHOULD I'LL UNDERSTAND THE URGENCY AND IMPORTANCE OF THIS PROJECT AND GETTING THIS PROJECT, UH, I, UH, LOOKING, YEAH, YEAH.

UH, WHAT WAS SAID IN FRONT OF US, I WAS CONCERNED THAT THERE MIGHT BE SOME COUNCIL MEMBERS THAT DID NOT WANT TO APPROVE A, UH, USE CHANGE, UM, WITH A, UM, UH, TEXT CHANGE, UM, MEANING THAT, UH, PROPERTY OWNERS, UH, WITHIN 500 FEET WERE NOT NOTICED AND GIVEN THE APPEAL RIGHTS FOR A USE CHANGE.

UM, AGAIN, I PERSONALLY THINK THAT YOU CAN DO THAT.

UH, BUT OBVIOUSLY WE HAVE A CASE NOW UP IN HOUSTON THAT MAY OR MAY NOT RULE ON THAT QUESTION, BUT IN ANY EVENT, UH, IT WAS SEEING THAT, AND THEN RECOGNIZING HOW IMPORTANT AND URGENT IT WAS FOR AUSTIN ENERGY TO MOVE FORWARD, UH, THAT, UH, PUT ON THE SPOT CALLED MEETING AN ALTERNATE PATH, A, WHICH WOULD HAVE A COUNCIL INITIATE P ZONING.

UM, IT WOULD GO DOWN TO A PLANNING COMMISSION.

UH, I THINK, UH, WHAT LEGAL IS RECOMMENDING THAT IF WE TOOK THAT ROUTE, WE SHOULD TAKE ITEM 31 AND POSTPONE IT INDEFINITELY RATHER THAN EITHER SAYING NO, OR JUST NOT ADDRESSING IT, BUT TO POSTPONE IT INDEFINITELY SO THAT IT WAS KIND OF HANGING OUT THERE.

IT COULD BE BROUGHT BACK TO THE COUNCIL OR FOR WHATEVER REASON IN THE FUTURE MADE SENSE TO, TO DO THAT.

UH, BY TAKING IT DOWN, IT WOULD BE TREATED LIKE A ZONING CASE FOR A CHANGE OF USING THAT PROPERTY.

IT WOULD BE CLEAR NOTICE AND PROCESS, UH, THAT ISN'T UNDER ANY DEBATE AND IT'S NOT SUBJECT TO BEING CHALLENGED OR DELAYED OR HELD UP.

IT JUST SEEMED LIKE THAT MIGHT REPRESENT THE PATH WITH THE LEAST AMOUNT OF RISK.

UM, UM, I THINK, I THINK THAT IF WE DID THAT IN CONVERSATION WITH JACKIE AND I, TO GET A CHANCE TO TALK TO HER A SECOND JACKIE, AND ANSWER QUESTIONS THAT THE STAFF MIGHT HAVE, I MEAN, THE COUNCIL MIGHT HAVE, UM, I THINK IT'S IMPORTANT THAT, UH, IF WE FOLLOW THIS PATH THAT WE FOLLOW IT WITH KIND OF THE UNDERSTANDING TO THE PLANNING COMMISSION THAT, UM, THEY SHOULD KNOW, WORK OUT THE TRAIL ASPECT THAT, UH, I UNDERSTAND, UH, THE JACKIE SAYS, UH, IS SOMETHING THAT, UH,

[03:10:01]

UH, WILL BE WORKED OUT, UH, AT THAT LEVEL.

UH, BUT TO MAKE SURE THAT IT JUST COMES BACK CLEAN WITH JUST THAT, SO THAT IT'S NOT HELD UP, UH, WITH, UH, OTHER KINDS OF ISSUES RIGHT NOW, UH, LIKE AFFORDABLE HOUSING WHERE OTHER KINDS OF ISSUES THAT, UM, IF THAT'S AN ISSUE AND IF THERE'S SPACE, WE COULD DEAL WITH THAT KIND OF THING IN THE FUTURE, BUT TO GET IT DOWN AND GET IT BACK TO US, UH, AS RAPIDLY AS POSSIBLE.

JACKIE, DO YOU WANT TO SPEAK TO ANY OF THESE, UH, ISSUES OR WHAT'S BEFORE US? SURE.

I CAN DO THAT.

MAYOR COUNCIL MEMBERS, I'M JACKIE SERGEANT GENERAL MANAGER, AUSTIN ENERGY.

UM, WE BROUGHT FORWARD ITEM 31 BECAUSE WE FELT THAT THAT WAS THE CLEAREST PATH, UM, FOR MOVING THIS PROJECT AND ADVANCING IT.

UM, WE UNDERSTAND THE ISSUES THAT ARE BEING BROUGHT FORWARD.

UM, AND IN OUR CONSULTATION WITH OUR LEGAL TEAM, WE BELIEVE THAT, UM, ADVANCING BOTH ITEMS WOULD BE OUR BEST INTEREST, AND THAT WOULD ALLOW US TO SUBMIT A COMPLETE SITE PLAN AND MITZI CAN, CAN ADDRESS THAT WITH THAT SAID, UH, I APOLOGIZE, MY DOG IS CHI-MING IN FOR SOME REASON, UM, WHILE, UH, YOU KNOW, WE WANT TO PROCEED DOWN THIS OTHER PATH, UM, WE'LL DO OUR BEST TO MEET THE DEADLINES.

UM, THROUGH THAT PROCESS.

I CAN'T SAY FOR SURE HOW THAT PROCESS HAS INSPIRED MY DOG.

SO I'M GOING TO MUTE MYSELF FOR JUST TO TELL MY DOG, MY DOG, YOUR DOG IS NOT IN FACT TALKING TO MY DOG.

SO I APOLOGIZE FOR THAT.

UH, I THINK I CLOSED THE DOOR.

I PROBABLY SHOULD'VE JUST LEFT, LEFT IT LOUD AND LET HIM COME IN JUST A MINUTE.

I'M GOING TO DO THAT.

THE DOG, DIDN'T SAY THE WHINING SIGN IN THE BACK.

EXACTLY.

THAT'S ACTUALLY FOR MY GRANDDAUGHTER, I HAVE TWO GIRLS AT NANA'S HOUSE, NO GETTING HURT AND NO WHINING.

UM, BUT I WANT TO COMMIT TO YOU THAT MY TEAM AND I SEE THAT SUSAN GROSS HAS JOINED US HAS ALREADY REACHED OUT TO THE RED LINE TRAIL.

UM, WE ARE IN SUPPORTIVE TRAILS.

UM, WE ARE LOOKING AT THE BEST ALTERNATIVES TO ACCOMMODATE A TRAIL ON THE SITE.

UM, THERE ARE OTHER, UH, REQUIREMENTS, UH, THAT WE HAVE AT THE SITE AND THERE ARE OTHER EASEMENTS.

AND SO BEFORE WE CAN FULLY COMMIT TO A SPECIFIC PATH FOR THAT TRAIL.

WE HAVE TO WORK THROUGH THOSE ISSUES, BUT WE'RE READY AND WE'RE WILLING TO ROLL UP OUR SLEEVES AND TO MAKE THAT HAPPEN BECAUSE WE APPRECIATE THE EFFORTS FOR MOBILITY THAT THIS COUNCIL IN THIS COMMUNITY I'VE BEEN STRIVING TO BRING FORWARD.

SO I DON'T SEE THE TRAIL AS AN ISSUE.

WE'RE COMMITTED TO IT.

UM, MY TEAM IS COMMITTED TO IT AND I'VE INSTRUCTED THEM THAT THAT IS SOMETHING THAT WE NEED TO MAKE HAPPEN.

UM, WE ARE CONCERNED ABOUT THE UNCERTAINTY WITH MOVING FORWARD WITH THE ZONING PROCESS.

UM, AND WE CANNOT, I CANNOT STRESS IT ENOUGH, BUT WE CANNOT HAVE ANY MORE DELAYS, UH, FOR THIS PROJECT, UH, THE NEED THAT WE HAVE TO MAINTAIN RELIABLE SERVICE, THE COMMITMENTS WE HAVE, UH, TO SOME OF OUR SPECIFIC CUSTOMERS, UM, AND THE NEED FOR THAT CAPACITY, SO THAT WE DON'T HAVE PEOPLE COMING FORWARD FOR SERVICE.

AND WE HAVE TO SAY, I'M SORRY, BUT WE CAN'T SERVE YOU.

SO THIS IS VERY CRITICAL IT'S OF THE UTMOST IMPORTANCE AND WE NEED A PATH FORWARD.

WHATEVER THAT PATH IS, OUR TEAM IS COMMITTED TO WORKING TOGETHER TO MAKE IT HAPPEN WITH YOUR SUPPORT.

THANK YOU, MAYOR PRO TEM.

UM, I JUST WANNA MAKE SURE I UNDERSTAND IT.

THE, THE RECOMMENDATION FROM, UH, JACKIE WAS TO PASS THE BOTH 31 AND THE SPECIAL ON THIS ITEM.

YES.

OKAY.

THANKS.

AND MAYOR, IF I MAY, I DON'T KNOW IF YOU CAN SEE ME.

YES.

UM, SO I WOULD LIKE, UH, IF JACKIE MIGHT BE ABLE TO SPEAK TO WHAT THE HESITATION WAS AROUND

[03:15:01]

THE ITEM, UM, IN WHICH CASE I, I THINK ULTIMATELY I'M TRYING TO MAKE SURE THAT THE GENERAL PUBLIC UNDERSTANDS WHAT IT IS THAT WE ARE PRESENTING.

I APOLOGIZE, COUNCIL MEMBER.

I'M NOT SURE I UNDERSTAND WHAT YOUR SPECIFIC QUESTION IS.

UM, SO WE'RE ASKING THE GENERAL PUBLIC TO ENGAGE IN, YOU KNOW, AFTER A LONG DAY OF COUNCIL DELIBERATION, WE'RE ASKING THEM TO ADDITIONALLY, UM, BE A PART OF THIS PARTICULAR MEETING, IN WHICH CASE, CAN WE BE REAL CLEAR ABOUT WHAT IT IS, THE ITEM THAT'S BEFORE US AND WHY WE'RE DELIBERATING IT? SO IN ORDER FOR US TO, UM, CONSTRUCT AND PUT INTO OPERATION IN NEEDED SUBSTATION, WE HAVE TO HAVE A CHECKS CHANGE TO THE CODE TO ALLOW US TO PROCEED AND TO, UH, BE ABLE TO CONSTRUCT THAT THE OTHER IS THE CHANGE IN ZONING AND JERRY RESTS.

HOVEN CAN SPEAK MORE SPECIFICALLY.

WE SPECIFICALLY TO THE TECH'S CHANGE IN THE REQUIREMENTS THAT ARE THERE BECAUSE OF THE BURNET, UH, GATEWAY REGULATORY REGULATING PLAN, AND THE CURRENT USE THAT WE HAVE OF THE SITE UNDER TOD ZONING.

UM, UH, OUR ATTORNEY MITZI COTTON CAN SPEAK TO THE DESIRE TO MOVE FORWARD, UH, APPROVING BOTH ITEMS. I THINK YOU'VE MORE OR LESS EXPLAINED EXACTLY WHAT WE'RE UP AGAINST, AND I DON'T THINK JERRY OR MITZI OR ANYBODY ELSE HAS TO.

I JUST WANT TO MAKE SURE THAT AS WE, YOU KNOW, PROCEED WITH THESE DELIBERATIONS, THAT PEOPLE UNDERSTAND EXACTLY WHAT IT IS WE'RE DOING.

UM, BUT I THINK YOU ALREADY RESPONDED TO THAT.

THANK YOU VERY MUCH.

I APPRECIATE IT.

AND I WOULD MOVE TO POSTPONE INDEFINITELY ITEM NUMBER 31 SUBJECT TO CALL, UH, AND TO PASS ITEM NUMBER ONE IN THE SPECIAL CALL MEETING, UH, WITH THE, UH, DIRECTION THAT, UH, TO THE GREATEST EXTENT POSSIBLE THAT GET BACK TO US AS CLEAN AS AGAIN, HAVING WORKED OUT THE TRAIL, UH, ISSUE, UH, UH, NOTICE CASE, UH, AS WE NOTED ZONING CASES, ARE THE OWNERS WITHIN MAY HAVE THE OPPORTUNITY TO HAVE WHATEVER APPEAL, RIGHTS, AND ALSO NOTING, UH, ANY TAX CHANGES THAT WOULD BE, UH, REQUIRED, UH, TO AFFECT THE PURPOSE.

THAT WOULD BE MY MOTION SECOND TO THAT MOTION, UH, COUNCIL MEMBER, UH, ALICE SECONDS, UH, AND THE DISCUSSION NELSON MEMBER KITCHEN.

UM, I JUST TO ASK, UM, JACKIE AGAIN, UM, SO I THINK WE JUST CONFIRMED THAT YOUR THINKING WAS THAT WE'D BE BEST TO GO WITH BOTH OF THEM.

IS THAT BECAUSE THAT WOULD GIVE YOU THE MOST FLEXIBILITY TO GET MOVING FORWARD ON THEM? IS THAT THE THINKING, OR CAN YOU JUST SPEAK TO THAT AGAIN? ONE COUNSEL CONSULTATION WITH OUR ATTORNEYS, IT'S OUR UNDERSTANDING IN THAT SCENARIO, WE WOULD BE ABLE TO MOVE FORWARD WITH SUBMITTING A COMPLETE SITE PLAN, AS OPPOSED TO TRYING TO CARVE OUT JUST A SPECIFIC AREA THAT RIGHT NOW WE'RE TRYING TO FIGURE OUT THE BEST LOCATION SO THAT WE CAN ACCOMMODATE THE TRAIL AND THAT, UM, THAT NEED AS WELL AS ALONG WITH, UH, ADDRESSING ALL OF THE UNNECESSARY WATER FEATURES AND DRAINAGE ISSUES WITH THE PROPERTY.

OKAY.

THANK YOU.

SO, SO MY I'D LIKE TO, TO VOTE ON IT.

IF I HEARD YOUR EMOTION CORRECTLY, I THINK YOU WERE PUTTING THE TWO THINGS TOGETHER IN YOUR MOTION, LIKE TO SEPARATE THEM, BECAUSE I'D LIKE TO, YOU WENT TO, YOU COULD AMEND THE MOTION TO SAY THAT YOU WANT TO MAKE THE USE CHANGE, UH, UH, NOW, UM, WITHOUT HAVING GIVEN PEOPLE THE, UH, APPEAL, RIGHT.

MAY I'D LIKE TO WORK WITH, TO VOTE YES.

ON BOTH OF THEM.

AND SO, UM, THAT'S WHAT I'M WANTING TO DO.

AND SO THAT'S WHY I'M THINKING THAT ALL WE NEED TO DO IS JUST SEPARATE OUT YOUR EMOTION.

UM, I'M NOT INTENDING TO, UM, TO AMEND YOUR MOTION SUCH THAT WE WOULDN'T BE VOTING ON, UM, UH, THE ITEM THAT'S IN FRONT OF US.

I'M FINE DOING THAT, MAKE IT.

SO

[03:20:01]

I SAID, I'M FINE DOING THAT JUST TO HERE.

SO THE FIRST PART OF THE MOTION IS TO APPROVE ITEM.

NUMBER ONE, THAT'S IN THE SPECIAL CALLED MEETING.

IT'S BEEN MOVED AND SECONDED AND DISCUSSION.

SO WHAT DOES THAT DO WITH ITEM 31 LENDER COUNCIL MEMBER, KITCHEN SCENARIO.

WHAT'S THE SECOND PART.

WE'RE GOING TO DIVIDE THAT AND WE'LL HAVE A VOTE ON THE 31, UH, AFTER WE HAVE, CAUSE I'M PREPARED TO MAKE A MOTION TO THEM BECAUSE I THINK THAT THAT GIVES THEM MAXIMUM FLEXIBILITY AS I THINK WAS APPROPRIATE TO OUR STAFF, SPECIFICALLY AN ENERGY AND IN ORDER TO MOVE FORWARD AS EXPEDITIOUSLY AND WITH THE MOST CERTAINTY, WHICH IS UNCERTAIN IN THIS CASE TO THIS, UM, I'M SORRY, SOMEBODY'S TALKING WHILE I'M, SHORT-CIRCUITING MY COMMENTS THERE.

NO, I'M TRYING TO ENSURE THAT THAT IT'S CLEAR WHAT'S IN FRONT OF US.

SO I HAD SUGGESTED ONE MOTION THAT HAD US HANDLING ITEM NUMBER 31.

AND NUMBER ONE AT THE SAME TIME, THAT'S A MEMBER OF KITCHEN IN ESSENCE, ASKED TO DIVIDE THE QUESTION.

I HAVE A SEPARATE VOTE ON EACH.

AND THAT'S WHAT I WAS TRYING TO ASCERTAIN.

I THINK WHAT THE CITY STAFF IS TO BOTH 31 AND ONE THAT'S CORRECT.

SO I SAID, WE WILL DO THAT.

AND FIRST A VOTE ON NUMBER ONE IN THE SPECIAL, AND THEN WE WILL HANDLE, UH, UH, THE VOTE ON NUMBER 31 IN THE REGULAR COPY.

AND THEN WHAT I HEARD YOU SAY IS YOU WANT TO EXPLAIN WHY YOU THOUGHT 30, I TO GIVE YOU THE NEED TO DO ONE IN JUST A SECOND.

I PROMISE YOU CONSIDER THEM BOTH.

AS I TOLD AUNT, WE WOULD JUST, UM, SO I THINK ACTUALLY THE ROBERT'S RULES PROTOCOL WOULD BE TO TAKE OUT, UH, TO TAKE THAT VITAMIN PRETTY ONE FIRST, BUT I RECOGNIZE THAT THERE IS A THUMB ON THIS SCALE.

UM, I DON'T REALLY WANT TO SAY THAT I SUPPORT THE CITY STAFF AND WHAT THEY'RE ASKING FOR, BECAUSE I HAD AN, THE IMPORTANCE OF THE ABILITY TO MOVE QUICKLY ON, ON THIS PARTICULAR SITUATION.

I'VE CLEARLY IDENTIFIED THAT I SUPPORT BOTH OF YOU.

THIS IS NOT MY FIGHT.

I MEAN, I, I HAVE SUPPORTED ENERGY MOVING FORWARD WITH THIS CASE SINCE MAY, WHEN THEY FIRST BROUGHT IT TO US.

SO, UM, AND I'VE, AND I'VE SIGNALED THAT PRODUCT.

I THINK THAT WE DON'T GO WRONG BY FOLLOWING MORE, THE CITY STAFF'S LEAD IN THIS SPECIFIC INSTANCE.

THANK YOU.

I'M TRYING TO DECIDE WHETHER OR NOT TO ADDRESS THE, THE DEBATE ABOUT HAVING A THUMB ON THE SCALE OR THE SUGGESTION THAT WHAT WE'RE DOING HERE IS INAPPROPRIATE UNDER ROBERT'S RULES.

I'M NOT GOING TO DO THAT.

THE ITEM IN FRONT OF US IS NUMBER ONE ON THE SPECIAL CALLED MEETING DURING DISCUSSION COUNCIL MEMBER, AUTHOR.

UM, I THINK WE'RE ALL TRYING TO GET TO THE SAME PLACE, OR WE'RE TRYING TO GET THE SUBSTATION BUILT AND, AND DO IT IN AN APPROPRIATE WAY AND GET IT DONE FAST.

UM, I'M WONDERING, UM, IF STAFF COULD SAY, IF IT WOULD BE APPROPRIATE FOR US TO PROVIDE ANY, UM, GUARDRAILS FOR THIS PROCESS OR TIMING, YOU KNOW, I'VE HEARD WILDLY DIFFERENT ESTIMATES OF HOW LONG IT WOULD TAKE TO MOVE THROUGH THE PROCESS, WHICH I THINK IS THE REAL, UM, CONCERN HERE.

UM, SO I'M WONDERING IF STAFF COULD SPEAK TO HOW LONG THEY THINK THAT THE PROCESS WOULD TAKE, UM, TO BE ABLE TO GET THE SUBSTATION UP AND RUNNING, AND IF THEY COULD ALSO, UH, NOW THAT'S NOT UP AND RUNNING, BUT HOW LONG IT WOULD TAKE TO GET THE ZONING CASE, UH, BACK TO US.

UM, AND THEN IF THERE ARE ANY ADDITIONAL, UM, DIRECTION THAT WOULD BE HELPFUL TO MAKE SURE THAT THE ZONING CASES FOCUSED ON GETTING THE SUBSTATION AND DOESN'T GET DERAILED IN SOME OTHER FASHION, UM, YOU KNOW, IT IS A LOT OF DANGERS OF A SUBSTATION AND HAVING THINGS TOO CLOSE TO IT.

UM, SO I JUST WANT TO MAKE SURE THAT WE CAN MOVE AS QUICKLY AS POSSIBLE.

SO IF, UM, JERRY COULD PROVIDE THAT INFORMATION, I WOULD APPRECIATE IT.

UM, THE, THE RESOLUTION ON THIS ITEM DOES DIRECT THE CITY MANAGER TO ENSURE AN EFFICIENT AND EXPEDITED REZONING CASE.

SO IS THAT THE CAUSE I'M NECESSARILY DELAYED? UM, SO WE HAVE THAT DIRECTION IN THE RESOLUTION, BUT WITH REGARD TO HOW LONG IT WOULD ACTUALLY TAKE, I CANNOT GIVE YOU AN EXACT NUMBER.

I CAN TELL YOU THAT THE RESOLUTION DIRECTS US TO REZONE THE ONLY THE PORTION IS NEEDED FOR THE SUBSTATION.

SO THE FIRST STEP WOULD BE FOR AUSTIN ENERGY TO DETERMINE EXACTLY WHERE THE SUBSTATION IS GOING.

AND THEN WE WOULD HAVE TO GET A SURVEY OF WHERE THAT

[03:25:01]

AREA IS FOR THE APPLICATION.

AT THAT POINT, THE APPLICATION COULD BE SUBMITTED.

I WAS GOING TO HAVE TO DO THE STAFF REVIEW THE NOTIFICATION OF THE PLANNING COMMISSION HEARING.

AND THEN OF COURSE, BRING IT BACK TO THE CITY COUNCIL AND NOTIFY FOR CITY COUNCIL AS WELL.

SO I'M NOT, I'M NOT SURE.

I THINK THAT THE, THE FIRST PART IS, UM, MOST IMPORTANT IS IDENTIFYING THE AREA TO BE REZONED BECAUSE THAT'S WHAT THE NOTIFICATION WOULD BE BASED, BASED OFF OF.

SO IS THAT REQUIRED BECAUSE OF HOW OUR DRAFT ORDINANCE IS WRITTEN OR IS THAT BECAUSE THAT'S REQUIRED IN THE ZONING PROCESS? CAUSE THERE'S A LOT OF, UM, YOU KNOW, WHEN WE GRANT ZONING TO OTHER PEOPLE, WE DON'T TELL THEM EXACTLY WHERE THE BUILDING HAS TO GO, FOR INSTANCE.

SO I'M JUST WONDERING IF GO AHEAD.

OKAY.

IT'S BECAUSE OF THE RESOLUTION SAYS TO INITIATE THE REZONING OF THE AREA NEEDED FOR AN ELECTRIC SUBSTATION.

SO INSTEAD OF THE REASON, THE, THE ITEM NUMBER ONE ON THE SPECIAL CALLED DOES NOT SAY REASON ON THE ENTIRE SITE, IT SAYS REZONE, THE AREA NEEDED FOR THE SUBSTATION.

SO I NEED TO GET THAT INFORMATION FROM AUSTIN ENERGY.

THEN I NEED TO GET A SURVEY OF THAT AREA BECAUSE THAT SURVEY WOULD BE DETERMINED, THE AREA THAT WE'RE NOTIFYING, YOU KNOW, 500 FEET AROUND.

SO ONCE THAT'S DETERMINED, THEN I CAN MOVE FORWARD WITH THE ZONING.

OKAY.

SO WOULD THIS ALL GO FASTER IF WE JUST REZONED THE AUSTIN ENERGY PROPERTY AS A WHOLE, LIKE, WOULD THAT ALLOW THIS PROCESS TO MOVE MORE QUICKLY? IT COULD, IF IT WERE LEGAL LOT, I DON'T KNOW IF IT'S LEGAL WATER, IF IT'S ALREADY BEEN SUBDIVIDED, BUT IF IT WAS YOU ASKED BECAUSE THEN WE WOULDN'T HAVE TO WAIT FOR THE SURVEY PART.

UM, CAN LEGAL SPEAK TO THAT? CAUSE I'M WAY OUT OVER MY SKIS HERE.

UM, IN FACT, I'M SORRY, HAVE WE HAD THIS CONVERSATION WITH LEGAL AND WAS DRAFTED IN A WAY TO ALLOW IT TO PROCEED AS AGAINST THE WHOLE TRACK, UH, IF, IF THAT'S WHAT THEY NEEDED.

UH, BUT I THINK TO YOUR POINT OUTS, I THINK THE GOAL IS TO GET THIS DONE AS QUICKLY AS POSSIBLE.

SO I DON'T KNOW WHY IT COULDN'T BE INITIATED AS TO THE WHOLE TRACK AND AS AUSTIN ENERGY DETERMINED MORE AND MORE EXACTLY WHAT LANDED NEEDED.

YOU COULD, YOU COULD AMEND THE CASE.

I MEAN, I THINK DON'T, WE AMEND TO, TO PULL BACK THE, THE AREA THAT'S INVOLVED IN OTHER ZONING CASES WHERE WE CAN DO THAT.

I MEAN, SO, SO YOU COULD START IMMEDIATELY, UH, WITH RESPECT TO THE NOTICE.

YOU COULD START IMMEDIATELY.

YOU DON'T HAVE TO WAIT.

I MEAN, THE GOAL HERE IS TO, IS TO NOT WAIT AND TO MOVE FORWARD ON EVERYTHING THAT YOU CAN MOVE FORWARD ON AS QUICKLY AS YOU CAN MOVE FORWARD ON.

BUT IF THERE'S A LANGUAGE CHANGE TO COUNCILMEMBER AUTHOR'S POINT, UH, WE WOULD CERTAINLY MAKE ANY, THIS WAS THE LANGUAGE THAT WE HAD A DISCUSSION ABOUT ALL OUR PART, MY UNDERSTANDING AND THE NOTES FROM, FROM MY STAFF THAT WERE WORKING ON THIS WAS IF THIS WAS DISCUSSED WITH MITZI AND, UM, THAT THE ZONING CASE WOULD ALLOW FOR THE WHOLE SIDE TO ALLOW FOR PART OF THE SITE.

UM, UM, BUT THE GOAL HERE IS TO MOVE IT AS QUICKLY AS POSSIBLE.

WOULD YOU SAY THAT THE, THAT THE RESOLUTION IS DRAFTED FOR THE PORTION OF THE SITE? CAUSE MY UNDERSTANDING WAS THERE WAS A, UM, AN INTEREST IN IT ZONING JUST THE PORTION, BUT WE DIDN'T HAVE TO KNOW WHERE THAT PORTION WAS.

UM, WE CAN IT'S, IT'S, YOU'RE INITIATING IT.

SO IF YOU WANT TO INITIATE SOMETHING DIFFERENT, WE CAN TALK ABOUT CHANGING THE LANGUAGE IN THAT RESOLUTION, UM, TO SAY SOMETHING DIFFERENT TO SAY THE ENTIRE TRACT OR THE PORTION, WHICHEVER IS THE LANGUAGE FOR THAT, THE GOAL.

AND WE'LL TAKE WHATEVER LANGUAGE YOU SUGGEST IS TO MAKE SURE THAT WE COVER THE GREATEST NUMBER OF CONTINGENCIES.

SO AS TO ALLOW AUSTIN ENERGY TO GET THIS BACK TO US AS QUICKLY AS IT POSSIBLY CAN, AS, AS ACCORDING TO WHATEVER IT IS THAT IT DETERMINES THAT IT, THAT IT NEEDS COUNTS.

REMEMBER, SORRY, CAN I FINISH MAYOR? I WAS STILL GOING DOWN A LINE OF REASONING.

SO IF, UM, OKAY, SO THIS IS WRITTEN TO GET THE FASTEST THROUGH THE PROCESS SINCE THIS IS NOT ABOUT WHETHER WE WANT A SUBSTATION OR NOT, IS THIS DRAFTED TO GET IT THE FASTEST THROUGH THAT PROCESS? BECAUSE IT SEEMS TO ME, IF IT WAS THE WHOLE THING, WE DON'T HAVE TO WAIT FOR THEM TO DO OTHER THINGS.

I MEAN, THIS IS JUST LIKE ANOTHER ZONING CASE THAT WE CHANGED THE USE AND WE DON'T GET TO SEE THE FANCY MODELS AND OTHER KIND OF STUFF WITH THAT.

UM, AND EVEN, YOU KNOW, A TRAIL WOULD COME AT THE SITE PLAN STAGE, AS I UNDERSTAND IT, UM, FOR MOST OF OUR, OUR ZONING, BECAUSE WE'RE NOT MAKING THIS CONTINGENT ON THEM DOING A TRAIL.

WE'RE SAYING WE AS A COUNCIL, IF THERE'S A SOLUTION THAT ALLOWS RAIL, WE WITH LIKE A TRAIL.

BUT THAT SEEMS TO ME TO BE A SITE PLAN ISSUE, NOT A ZONING ISSUE BECAUSE WE ALL AGREE THAT WE HAVE TO CHANGE THE USE, UM, IN, IF WE'RE GOING TO GO DOWN THE ROAD OF ZONING,

[03:30:01]

WE SHOULD BE ABLE TO SKIP THROUGH ZONING PRETTY QUICKLY AND GET TO A SITE PLAN.

UM, SO THAT THE QUESTIONS COME UP THEN ASSUMING THAT MAKES IT FASTER, IT DOESN'T MAKE IT FASTER THAN THEN.

DON'T FOLLOW THAT.

I CAN SUGGEST SOME, UH, LANGUAGE CHANGE IF YOU WANT IN THE FIRST BE IT RESOLVED.

IT COULD SAY THE CITY COUNCIL INITIATES THE REZONING OF THE PROPERTY GENERALLY LOCATED AT 24, 12 KRAMER LANE TO ZONE THE PROPERTY AS NEEDED FOR AN ELECTRIC SUBSTATION, TAKE OUT THE PORTION OF, AND THEN IF IT TURNS OUT THAT IT'S A MORE RESTRICTED AREA, THAT'S FINE.

OKAY.

BUT I MEAN, I'M IMAGINING, I JUST WANT TO BE CLEAR THAT LIKE I'M IMAGINING THIS IS A PRETTY STRAIGHTFORWARD ZONING CASE AND WE'RE JUST GRANTING THE USES AND I'M NOT SURE WHERE ALL THE OTHER DISCUSSION COMES IN THE PROCESS.

IT SEEMS TO ME THAT THAT WOULD BE, UM, AT SITE PLAN, NOT IN THE ZONING, MY, YOU KNOW, BECAUSE WE'RE NOT ADDING THE GOAL HERE IS NOT TO ADD MUSCLES TO THIS PROPERTY.

IT'S TO GET THE SUBSTATION TRUE.

I THINK THERE WAS CONCERN INITIALLY WITH HOW MUCH LAND, BECAUSE THERE'LL BE A COMPANION TEXT AMENDMENT TO TAKE WHATEVER PORTION OF WHATEVER AMOUNT OF LAND IS ZONED P WILL BE REMOVED FROM THE PLAN, THE GATEWAY, THE NORTH BURNET GATEWAY PLAN.

SO I THINK THERE WAS SOME CONCERN FROM A PLANNING PERSPECTIVE TO LIMIT THAT, BUT WE'LL WRITE IT IF WE USE THE LANGUAGE I SUGGESTED, I THINK THAT ALLOWS IT TO BE THE WHOLE TRACT OR IF WE KNOW WHAT IT IS.

AND IT'S THE SMALLER TRACTOR RUN INTO ISSUES WITH DOING THE WHOLE TRACK.

AND IT'S FASTER TO DO A SMALLER PORTION.

WE CAN DO THAT AS WELL.

HE WAS FIGURING OUT WHAT THEIR WORDING WOULD BE.

I WOULD GLADLY TAKE THAT WORD.

ALISON, DID YOU HAVE MORE BEFORE WE WENT TO SOMEONE ELSE? UM, I GUESS I'M JUST WONDERING, I UNDERSTAND THAT WE NEED TO REZONE IT.

I'M JUST WONDERING WHY IT HAS TO BE REMOVED FROM THE PLAN AND YOU COULDN'T JUST CHANGE THE PLAN FOR THAT ONE THING.

IT'S, JERRY MAY HAVE A BETTER ANSWER THAN I, BUT SINCE P'S ZONING, DOESN'T EXIST IN NORTH BURNETT GATEWAY AND WE'RE NOT GOING TO AMEND THE NORTH BURNETT GATEWAY PLAN TO CHANGE USES THERE.

IT HAS TO BE, IT CAN'T BE BOTH IN THE NORTH BURNET GATEWAY PLAN AND HAVE THE TODD SUB-DISTRICT ZONING THAT IT HAS NOW AND HAVE PS ZONING.

SO THE AMENDMENT TO THE GATEWAY NORTH GATEWAY PLAN WAS CHANGING.

THE PERMITTED USES WITHIN THE DISTRICT THAT THE, THAT THIS AREA IS AS OPPOSED TO CHANGING THE PLAN TO ADD P TO THE PLAN.

AND I THINK THAT IS MORE COMPLICATED.

OKAY.

SO IT'S ALL JUST A MATTER OF THE PATH OF LEAST RESISTANCE.

OKAY.

THANK YOU.

MALAISE.

AND MISSY, DO YOU HAVE, WHEN YOU HAVE THAT LANGUAGE, RAISE YOUR HAND AND I'LL READ THAT INTO THE RECORD.

GO AHEAD.

DO I THOUGHT I READ IT BEFORE, BUT I MUST'VE BEEN ON MUTE.

SO I'M LOOKING AT I'VE GOT IT ON MY SCREEN.

UM, THE FIRST BE IT RESOLVED, I WOULD JUST CHANGE IT TO SAY THE CITY COUNCIL INITIATED THE REZONING OF THE PROPERTY GENERALLY LOCATED AT 24 12 KRAMER LANE TO ZONE THE PROPERTY AS NEEDED FOR AN ELECTRIC SUBSTATION TO P'S ZONING DISTRICT.

SO WE'RE REMOVING THE PORTION OF HOLDING THE AS BETWEEN PROPERTY AND NEEDED ANY OBJECTION TO THAT CHANGE BEING MADE, HEARING NONE THAT CHANGES MADE FURTHER DISCUSSION PALLETS.

THAT'S RIGHT.

UM, I'M GOOD WITH EVERYTHING WE JUST DID.

THAT MAKES SENSE TO ME.

IS THERE ANY, IS THERE ANY REASON TO NOT JUST ZONE THE WHOLE PROPERTY WE OWN P WILL THAT SAVE PEOPLE TIME? IS THAT, IS THERE A SCENARIO WHERE THE SMALLER THING IS ACTUALLY FASTER? NO.

UM, MAKE IT SMALLER.

IT MEANS THAT WE HAVE TO HAVE A SURVEY FOR THE CASE TO GET STARTED IF WE DO THE ENTIRE PROPERTY, IF WE COULD GET STARTED, UM, SOONER.

OKAY.

SO THE FASTEST THING WAS JUST SPEECHES ON THE WHOLE THING, BUT MITZI, IF THE LANGUAGE YOU JUST READ TO US THAT WE JUST INCORPORATED IT CAN ACHIEVE THAT AND WE DON'T NEED TO CHANGE IT.

I JUST WANTED TO DOUBLE CHECK BECAUSE I HAVE NO PROBLEM JUST ZONING THE WHOLE PROPERTY EVERY BIT WE OWN.

AND THEN YOU DON'T HAVE NO, YOU HAVE NO QUESTIONS YOU HAVE TO ASK, BUT IF WHAT YOU, IF WHAT WE JUST DID COVERS THAT, THEN I THINK WE'RE GOOD.

OKAY.

UM, UH, UH, AND I THINK I KNOW THING OKAY.

WITH DAD THERE.

OKAY.

UH, CANCER KITCHEN.

UM, JUST A QUICK QUESTION.

I MEAN, IT SOUNDS GOOD TO ME ALSO, BUT, UM, JUST A QUICK QUESTION.

SO, UM, SO WHAT WE'RE DOING IS, UH, MITZI, WHAT WE'RE DOING IS, UM, INITIATING IT FOR THE, HOW DID YOU PUT THAT FOR THE PURPOSE

[03:35:01]

OF THE, UM, OF THE SUBSTATION? IS THAT RIGHT? UM, I HAVE TO GO FOR HERE TO UNMUTE AND THEN OVER HERE, THE DOCUMENT NOTES.

OKAY.

SO WHAT I HAD PUT IN THERE WAS INITIATING REZONING OF THE PROPERTY AT 24, 12 KRAMER LANE TO ZONE THE PROPERTY AS NEEDED FOR AN ELECTRIC SUBSTATION.

OKAY.

SO THAT MEANS THAT THAT'S THE LIMITATION ON WHAT WE'RE DOING HERE, BUT I THINK THE MAYOR MENTIONED THAT EARLIER, BUT THAT IF I HEARD HIM RIGHT, BUT LET'S PUT THE FOCUS HERE IS HERE.

SO IT'S NOT FOR DOING ANYTHING ELSE AS PART OF THIS PARTICULAR, UM, SONY ACTION WOULD BE ONLY FOR THAT PURPOSE, CORRECT.

OKAY.

CORRECT.

OKAY.

FURTHER DISCUSSION COUNCIL MEMBER ALTAR.

SO JUST TO BE CLEAR, UM, DAIRY, IS THERE, ARE THERE, IS THERE ANY OTHER LANGUAGE THAT WE NEED TO PROVIDE THEM TO FOCUS ON SIMPLY GETTING THIS SUBSTATION, LIKE THE ZONING NEEDED FOR THIS SUBSTATION THROUGH SO THEY CAN DO THEIR SITE PLAN AND MOVE TO THE NEXT STAGE? UH, NO COUNCIL MEMBER THAT I CAN THINK OF WITH THIS.

OKAY.

AND THEN THE SITE PLAN DOES THAT HAVE TO GO BACK TO HERE? WELL, UNDER P ZONING, IF P IS ONLY WERE APPROVED BY THE COUNCIL, THIS IS INITIATED ZONING, BUT PRESUMING THE COUNCIL LATER APPROVES THE PS ZONING THAT WOULD REQUIRE AN APPROVAL OF THE PLANNING COMMISSION, BECAUSE ALL USE IS OVER ONE ACRE AND PEA ZONING REQUIRE THE APPROVAL OF THE PLANNING COMMISSION, A DECISION THEY MAKE AS APPEALABLE TO THE CITY COUNCIL.

OKAY.

AND WOULD THE, UM, IF IT WAS JUST ITEM 31, THEN IT BECOMES A, WHAT'S A STAFF RECOMMENDATION.

IT BECOMES A PERMITTED USE AND IT WOULDN'T REQUIRE ANY FURTHER APPROVAL FROM THE PLANNING COMMISSION.

IF YOU WENT WITH THE PLAN COMMISSION'S RECOMMENDATION DOWN IN 31, IT WOULD STILL REQUIRE A RETURN TRIP TO THE PLANNING COMMISSION.

OKAY.

SO THE STAFF'S RECOMMENDATION ON 31 DOES NOT REQUIRE A RETURN TRIP TO PLANNING COMMISSION.

THE SPECIAL ONE DOES REQUIRE A TRIP BACK TO THE PLANNING COMMISSION AND THAT PLAN IS APPEALABLE TO THE CITY COUNCIL.

OKAY.

SO IF WE, I'M STILL TRYING TO FIGURE OUT WHY WE DON'T DO BOTH, BUT IF, LET ME JUST GO DOWN THIS PART FIRST, IF WE, UM, IS THERE ANYTHING THAT WE OUGHT TO BE PROVIDING AS DIRECTION TO CITY, TO THE PLANNING COMMISSION TO MAKE SURE THAT WE FOCUS ON THE SUBSTATION PIECE AND DON'T ADD, SAY AFFORDABLE HOUSING OR ADD WEIRD THINGS.

UM, WITH REGARD TO THE, WITH REGARD TO THE ZONING CASE, YOU KNOW, SEPARATE FROM ITEM 31 IS THEY'VE ALREADY MADE THE RECOMMENDATION ON 31, BUT WITH REGARD TO THE ZONING CASE, OTHER RESOLUTION JUST DIRECTS US TO, UM, ENSURE AN EFFICIENT AND EXPEDITED ZONING PROCESS.

SO IT'S NOT CAUSE UNNECESSARY DELAY, THAT'S THE DIRECTION OF THE CITY MANAGER.

UM, WE WOULD OF COURSE HAVE TO TAKE TO THE CASE, TO THE PLANNING COMMISSION FOR THE RECOMMENDATION TO YOU, BUT IT WOULD BE UP TO THEM AS TO WHAT THEY, WHAT THEIR RECOMMENDATION WAS.

AND THERE'S NO DIRECTION WE CAN PROVIDE BECAUSE THEY'RE A SOVEREIGN BOARD.

IS THAT CORRECT? I BELIEVE SO.

BUT I THINK MITZI COULD ADDRESS THAT.

WELL, IN THE END DATE, THERE ARE SOVEREIGN BOARD AND SUBDIVISIONS, BUT ON THIS, THEY'RE JUST PROVIDING YOU A RECOMMENDATION ON THE ZONING.

OKAY.

THANK YOU.

FURTHER DISCUSSION ON THIS ITEM.

ONE SPECIAL CALLED MEETING COUNCIL MEMBER KITCHEN.

I'M SORRY.

I JUST, SO, UH, SO THE PLANNING COMMISSION, HE GOES BACK TO THE PLANNING COMMISSION.

THEY PROVIDE A RECOMMENDATION, BUT ISN'T THERE A RECOMMENDATION TO THE SCOPE OF THE RECOMMENDATION SET OR THE LANGUAGE THAT YOU JUST SET, WHICH IS THE PURPOSE OF THIS IS FOR THE SUBSTATION, RIGHT? UH, YES, CONSTANTLY WITH REGARD TO THE ZONING CASE, UM, WE WOULD TAKE IT BACK TO THEM, YOU KNOW, AS A P YOU KNOW, ZONING CASE.

AND THEY WOULD MAKE A RECOMMENDATION TO THE COUNCIL BY POINT, WAS THAT WHEN THE, IF THE P'S ANYMORE APPROVED BY THE CITY COUNCIL AND THEY USED ITS OWN ANY PROPERTIES, ITS OWN P AND HE USED, SINCE I HAVE IT'S, IT'S OVER AN ACRE WOULD REQUIRE YOUR APPROVAL OF THE PLAN COMMISSION AT THE TIME OF SITE PLAN.

SO THEY'D MAKE A RECOMMENDATION ON THE ZONING CASE, BUT IF YOU APPROVE THE ZONING CASE, THEN THE SITE PLAN WOULD HAVE TO GO TO THE PLANNING COMMISSION, YOU KNOW, FURTHER DOWN THE ROAD OF WHAT THE PLANNING COMMISSION WOULD DO WITH THE SITE PLAN IS SOMETHING YEAH.

THAT IF WE FELT LIKE WE WANTED TO PUT PARAMETERS ON IT, WE COULD DO THAT FROM THE ZONING CASE, CAME TO US.

I DON'T THINK YOU CAN PUT PARAMETERS ON THE, UM, UM, WHETHER IT GOES BACK TO THE PLAY COMMISSION OR NOT.

I DON'T MEAN THAT.

I JUST MEANT ON THE SCOPE OF THE SCOPE OF WHAT THE PLANNING COMMISSION WOULD BE LOOKING AT.

[03:40:02]

I DON'T KNOW YOU COULD DO THAT WITH A ZONING ORDINANCE, BUT IF THE COMMISSION WERE TO APPROVE THE SITE PLAN IN A WAY THAT SOMEBODY WANTED TO APPEAL IT TO COUNCIL, THEN Y'ALL CAN MAKE CHANGES TO IT.

OKAY.

FURTHER DISCUSSION COUNCIL MEMBER POOL.

SO MR. RUSS TOBIN, WHICH IS THE QUICKEST PATH TOUR NOW AUTHORIZING AUSTIN ENERGY TO BEGIN WITH SPOKEN WITH CRITICAL INFRASTRUCTURE PROJECT 31 WERE APPROVED TODAY AS RECOMMENDED BY THE STAFF.

UH, THE SUBSTATION WILL BECOME A PERMITTED USE ON THE EFFECTIVE DATE OF THE ORDINANCE, WHICH WOULD BE 10 DAYS FROM TODAY.

AND IF WE MOVE FORWARD ON MY, WITH A SPECIAL QUALITY, WHAT'S THE TIMEFRAME ON THAT, UH, WE WOULD HAVE TO GO THROUGH THE ZONING PROCESS AND GET THE, UM, P ZONING APPROVED BY THE CITY COUNCIL.

AND THE SYPRINE WOULD HAVE TO BE APPROVED BY THE PLANNING COMMISSION.

I DON'T KNOW HOW LONG IT WOULD TAKE.

AND WE'RE ALL ASSUMING THAT IN THE END, WHAT WE WANT IS TO HAVE WESTERN ENERGY, TO BE ABLE TO MOVE FORWARD ON THIS CRITICAL INFRASTRUCTURE PROJECT.

UM, THAT'S SORT OF A RHETORICAL POINT, BUT I THINK, I THINK THAT PRETTY MUCH SUMS UP THE INTENT OF THIS COUNCIL IS TO MOVE FORWARD WITH THIS, WITH THIS PROJECT.

SO THE QUESTION IS SOONER OR LATER.

OKAY.

ANY FURTHER DISCUSSION ON THIS SPECIAL CALLED NUMBER ONE THAT'S NUMBER ALICE.

OKAY.

YEAH, I THINK, I THINK WE ALL WANT TO MAKE SURE THAT AUSTIN ENERGY CAN MOVE FORWARD WITH THIS.

WE'RE ALL SUPPORTIVE OF WHAT IT IS THEY NEED TO DO TO, TO, TO MAKE THEIR DEPARTMENT AND THE CITY RUN REALLY WELL.

UM, I THINK FOR ME, ESPECIALLY THE TALK ABOUT DOING, OH, IT DOESN'T QUITE MAKE SENSE BECAUSE ONE KEEPS IT IN THE REGULATING CLAN AND ADDS A PERMITTED USE TO THE WHOLE REGULATING PLAN AND THE OTHER REMOVES IT SO THAT IT DOES HAVE THAT PIECE ZONING AND STILL, THEY BOTH WILL ALLOW FOR THAT USE.

BUT I THINK THERE'S A CONCERN ABOUT UNDERSTANDING THE NOTICE REQUIREMENTS AND MAKING SURE THAT THIS PARTICULAR SITE CAN BE USED FOR THIS PARTICULAR INFRASTRUCTURE WITHOUT NECESSARILY CHANGING THE WHOLE PLAN IN THE PROCESS.

SO THAT'S KIND OF WHERE I'M APPROACHING THIS.

UM, BUT I THINK WE ARE ALL IN AGREEMENT THAT WE WANT THEM TO BE ABLE TO MOVE FORWARD.

I THINK I JUST PREFER TO SEE THIS PARTICULAR USE IN THIS PARTICULAR SPOT.

NOT NECESSARILY CHANGING, CHANGING THE WHOLE FOR IT FURTHER DISCUSSION ON THIS NUMBER ONE, LET'S TAKE A VOTE, BUT COUNCIL MEMBER POOL.

YEAH.

I JUST WANTED TO DOUBLE CHECK THAT.

ARE WE CHANGING THE WHOLE PLAN BY CHANGING ONE USE THAT APPLIES ACROSS THE MR. ? YEAH, 31.

DOES, IS IT IMMENSE A PRE-MADE USE TABLE FOR THE BURDEN K WAY PAN.

SO WOULD ALLOW THAT USE THOSE TWO YEARS WOULD ALLOW THEM IN ANY PLACE THAT HAS SIMILAR ZONING SELL.

RIGHT.

AND HOW MANY, HOW MANY DIFFERENT PLACES TO YOUR DATA? WE HAVE UTILITIES.

UH, WELL, NONE BECAUSE IT'S A CIVIC USE, SO WE'RE REQUIRED TO BE A GOVERNMENT AGENCY, RIGHT? SO THE POINT IS THAT IT WAS ONLY A SPACE.

SO, YOU KNOW, I'M FINE WITH, Y'ALL VOTING AGAINST 31, WHICH IS WHAT THE STAFF WANTS AND FOR A SPECIAL CALLED ITEM ONE, WHICH IS WHAT THE MAYOR HAS ADVANCED.

BUT I JUST WANT Y'ALL TO UNDERSTAND THAT IT WILL DELAY ANY KIND OF ACTION ON AUSTIN ENERGY MOVING FORWARD WITH THIS CRITICAL INFRASTRUCTURE PROJECT BY PROBABLY FOUR TO SIX OR NINE MONTHS.

AND SO I LEAVE THAT WITH YOU ALL.

AND AS I HAVE SAID, MANY TIMES, THIS IS NOT MY FIGHT.

I DID NOT BRING THIS.

THIS IS A STAFF PROPOSAL.

I SUPPORTED THE STAFF PROPOSAL AS FAR BACK AS MAY, WHEN THEY FIRST DID ADVANCED IT.

I DO NOT UNDERSTAND HOW IT HAS GOTTEN SO FRIGGING COMPLICATED FOR ME.

IT'S PRETTY SIMPLE.

WE SHOULD ENDORSE BUS ENERGY MOVING FORWARD WITH THIS CRITICAL INFRASTRUCTURE PIECE, WHICH IS GOING TO PROVIDE ELECTRICITY AS A PORT FOR THE UPCOMING SOCCER STADIUM AT MCKALLA PLACE AND FOR THE 6 MILLION SQUARE FOOT DEVELOPMENT, UH, THE OLD IBM CAMPUS, WHICH IS THE BRANDYWINE DEVELOPMENT AND FOR THE OTHER DEVELOPMENT THAT IS HAPPENING, UM, YOU KNOW, NOT JUST IN DISTRICT SEVEN, BUT IN LEMOORE THROUGH THE NORTHEASTERN NORTHWESTERN PART OF THE CITY.

UM, YOU KNOW, IT'S NOT MY FIGHT.

I, I THINK, I THINK WE MOVED ON WITH THE QUICKEST PATH THAT'S POSSIBLE, WHICH IS ITEM 31 IT'S COMPLICATED, UH, WHICH I DON'T THINK IS NECESSARILY HELPFUL OR NECESSARY.

SO IF WE CAN STEP BACK FROM ALL OF THAT, UM, MAYBE WE CAN MAKE, UM, THE APPROPRIATE PUBLIC POLICY, RATIONAL DECISION, WHICH IS TO ENDORSE THE REQUEST FROM AUSTIN ENERGY TO MOVE FORWARD EXPEDITIOUSLY

[03:45:02]

ON THIS CRITICAL INFRASTRUCTURE PROJECT FOR THE DISCUSSION ON ITEM NUMBER ONE, AND THE SPECIAL CALL HEARING ON THOSE.

TAKE A, VOTE THOSE IN FAVOR OF ITEM.

NUMBER ONE, PLEASE RAISE YOUR HAND.

THOSE OPPOSED THOSE ABSTAINING COUNCIL NUMBER, POOL ABSTAINS, THE OTHERS VOTING.

AYE.

KATHY, I CAN'T SEE YOU.

SO I DON'T KNOW HOW YOU'RE VOTING.

HI, AND WITH A TEN ONE VOTE, UH, ITEM NUMBER ONE IN THE SPECIAL CALLED, UH, PASSES.

IT'S ALL THE BUSINESS IN THE SPECIAL CALL.

SO I'M GOING TO ADJOURN THE SPECIAL CALL MEETING HERE AT, UH, WELL, NO, I'M ON, I'LL KEEP IT OPEN JUST IN CASE PEOPLE.

WELL, I'M GOING TO CLOSE AT SIX 41.

UH, THAT MEETING IS ADJOURNED.

UH, WE ARE NOW CONTINUING IN THE COUNCIL MEETING.

UH, I, MY, I DON'T KNOW IF ANYBODY ELSE'S COMPUTER AS DECIDED RIGHT NOW IS THE TIME, BUT MINE IS TRYING TO RIGHT NOW.

UM, SO I DON'T KNOW IF YOU COULD SEE ME, BUT YEAH.

OKAY.

WE CAN SEE YOU, RIGHT.

THAT GETS US BACK INTO THE SPECIAL CALL MEETING.

UH, I MEAN THE REGULAR MEETING, UH, I REMEMBER 31 IS THE LAST ITEM IN FRONT OF US.

I'M GOING TO LET SOMEBODY ELSE MAKE THE MOTION COUNCIL MEMBER POOL.

WHAT MUST YOU LIKE TO MAKE? THANKS MAYOR.

STAFF'S RECOMMENDATION ON ITEM 30 HAS BEEN A POOL MOSES' STAFF.

I RECOMMENDATION ON ITEM 31.

IS THERE A SECOND COUNCIL MEMBER KITCHEN, SECOND SNACK, UH, DISCUSSION COUNCIL MEMBER TOVA YEAH.

UM, JUST TO EMPHASIZE SOMETHING THAT COUNCIL MEMBER POOL AND OTHERS HAVE SAID, I THINK THIS, SORRY.

I HAVE NO IDEA WHY MY CAMERA'S FROZEN, BUT EXCUSE ME.

IT SEEMS TO ME THAT THIS OPTION GIVES AUSTIN ENERGY, THE FLEXIBILITY.

THEY NEED TO BE ABLE TO MOVE FORWARD QUICKLY.

I AGREE WITH THE ASSERTIONS THAT THEY MADE BEFORE THAT THAT'S A REALLY HIGH PRIORITY.

SO I'M GOING TO SUPPORT THIS UP FURTHER DISCUSSION ON THIS QUESTION.

COUNCIL MEMBER CASAR, UH, TWO POINTS ONE.

UM, I, I, EVEN THOUGH THIS HAS BEEN HARD AND MORE COMPLICATED THAN I THINK ANY OF US WOULD WALK.

I APPRECIATE SOME OF THE, THE CONVERSATION HERE BECAUSE, UM, IT SEEMS LIKE THERE IS PRETTY UNANIMOUS AGREEMENT THAT WE CAN MOVE FORWARD WITH A TEXT CHANGE LIKE THIS ONE WITHOUT GIVING INDIVIDUALIZED NOTICED EVERY PROPERTY OWNER.

AND THAT'S HOW WE DID 80 YEARS IN THE PAST.

THAT'S HOW WE DID AFFORDABILITY UNLOCKED.

THAT IS ITEM 31 BEFORE US IS MAKING A CHANGE TO THE ZONING TEXT.

AND WE HAVE NOT SENT INDIVIDUALIZED NOTICE AND PROTEST RIGHTS TO EVERYONE NEARBY.

SO I THINK IT'S GOOD TO, TO, I THINK THAT THAT'S WHAT STATE LAW SAYS.

I THINK THAT'S WHAT WE'RE ALLOWED TO DO.

IF WE PASS THIS THAT'S WHAT WOULD DO, UM, THERE MIGHT BE SOME FOLKS OUT IN THE COMMUNITY WHO DISAGREED, BUT, UM, IT SEEMS CLEAR THAT EVERYBODY HERE IS ON THE SAME PAGE THEY ARE, AND THAT'S A BIG THING.

AND I HOPE THAT THAT PRECEDENT DO YOU USE TO BE SET? I THINK THAT THOUGH, BY PASSING THE PS ZONING, UM, IT NEGATES THE NEED FOR, FOR THIS ITEM.

I THINK WE CAN GO WAY FASTER THAN THE TIMELINES.

UM, I THINK WE COULD GO REALLY FAST AND GET IT DONE.

AND MY HOPE IS THAT BY PAT MOVING FORWARD WITH ZONING AND KEEPING THIS OFF THE TABLE, WE DON'T GET INTO THAT QUESTION OF INDIVIDUALIZED NOTICE BECAUSE WE CAN WITH THE P ZONING, DO THE INDIVIDUALIZED NOTICE AND GET IT AND GET IT DONE.

MAYOR, I HAVE A QUESTION FOR MR. .

YES, I'M FROZEN WITH MY HAND UP.

SO MR. REST OF IT, YEAH, I FUNDAMENTALLY HAVE COUNCIL MEMBER CASSARA I APPRECIATE YOU VOICING THAT ASSUMPTION BECAUSE I JUST HAVE TO COUNTER IT AND SAY THAT THAT'S CERTAINLY NOT.

I JUST, I DON'T SUBSCRIBE TO THAT VIEW AS WE'VE TALKED ABOUT ON COUNCIL.

UM, AND IT SEEMED TO ME THAT MR. WAS SAYING, THIS IS AN EXTREMELY LIMITED, UM, ACTION IN WHICH WE WERE ADDING A USE.

WE WERE ADDING A USE AS PERMITTED TO A REGULATING PLAN.

WE ARE NOT CHANGING USES THROUGHOUT THE CITY.

MS. CAN YOU PLEASE VERIFY THAT? BECAUSE CERTAINLY IF THAT'S, IF THAT'S THE INTERPRETATION THAT THE COMMUNITY WHERE THE PARTS WILL MAKE OF THIS, I'M CERTAINLY NOT GOING TO SUPPORT IT.

I ABSOLUTELY BELIEVE THAT THE USES

[03:50:01]

WE WERE TALKING ABOUT IN CODE NEXT, SINCE THAT'S THAT'S THE, UM, BACKDROP OF THIS CONVERSATION, UM, WERE ABSOLUTELY ONES THAT REQUIRED NOTICE AND THE COURT AGREED AND SAID, THIS IS IT'S VERY IMPORTANT TO ME THAT, THAT I CORRECT.

UM, WHAT I HEARD YOU SAY AS THE ASSUMPTION THAT ALL OF US SUPPORT MOVING FORWARD WITH AN ACTION THAT WOULD, THAT WOULD DO THAT, BUT NOT REQUIRE NOTICE THAT'S THE REST OF IT.

CAN YOU PLEASE DESCRIBE AGAIN? I MEAN, TO BE WHAT, WHAT I THOUGHT WE HAD BEFORE US IS ADDING, UM, ADDING AS PERMITTED, UH, USED WITHIN A REGULATORY PLAN, EXTREMELY NARROW.

YES, THAT WAS MY WE'RE ASKING TO ADD TWO USES TO A ZONING CATEGORY WITHIN THE BURNET GATEWAY PLAN AND ONLY THE BURNER GATEWAY PLAN.

OKAY.

SO THAT TO ME IS FUNDAMENTALLY DIFFERENT FROM CHANGING THE FAMILY HOMES TO, UM, A CATEGORY THAT WOULD BE EIGHT OR MORE UNITS, KEEPING SOME SINGLE FAMILY HOMES, THE SAME, KEEPING OTHER SINGLE FAMILY HOMES, SOME OTHER KINDS OF STUFF.

I MEAN, IT WAS, THAT WAS A FUNDAMENTALLY DIFFERENT MATTER, UM, IN WHICH I BELIEVE INDIVIDUALS SHOULD HAVE RECEIVED MINTS AGAIN AS TO THE COURT FOR ME, UH, GUYS, I MEAN, I, I HEAR THAT KATHY, BUT I'M NOT SURE THAT THAT'S, THAT THERE'S ANY REAL DIFFERENCE.

WE HAVE A PIECE OF PROPERTY THAT HAS CERTAIN USE LIMITATIONS ON IT, AND WE'RE ABOUT TO CHANGE.

WHAT'S ALLOWED TO BE USED ON THE PIECE OF PROPERTY WITHOUT HAVING PROVIDED INDIVIDUALIZED NOTICE TO SURROUNDING PROPERTY OWNERS.

I THINK THAT'S ALLOWED UNDER THE LAW, AND I THINK IT'S ALLOWED BECAUSE WE'VE DONE IT IN THE PAST.

THIS IS CONSISTENT WITH COUNCIL ACTION, UH, UH, THAT WE, THAT WE'VE HAD FOR SOME TIME WE CHANGE USES ON PROPERTY WITHOUT GIVING INDIVIDUALIZED NOTICE WHEN WE DON'T CHANGE THE, THE UNDERLYING ZONING CLASSIFICATION, EXCUSE ME.

BUT WHEN WE CHANGE THE, THE, THE, THE WHAT'S ALLOWED OR WITHIN THAT ZONING CLASSIFICATION, AND THAT'S WHAT WE'RE DOING, THAT'S WHAT WE WOULD BE DOING HERE.

UH, AND, UH, I WOULD CONSIDER THIS TO BE CONSISTENT WITH THAT LONGSTANDING PRACTICE, UH, THE CITY, UH, AND ALSO TO BE CONTINUED PRECEDENT FOR US TO, TO CONTINUE DOING THAT, UH, IN THE FUTURE.

I MEAN, CAUSE JERRY AREN'T, WE CHANGING THE USE ALLOWED ON THIS PROPERTY MAYOR, WE WOULD BE CHANGING THE USES THAT ARE ALLOWED ON PROPERTY ZONE TODD WITHIN BURNER K WAY.

THIS IS ONE OF THEM.

YES.

RIGHT.

AND WE WOULD BE CHANGING A USE ON A PIECE OF PROPERTY WITHOUT HAVING PROVIDED INDIVIDUALIZED NOTICE AS IS REQUIRED WITH A ZONING CHANGE.

RIGHT.

IS THAT RIGHT? YES, WE WOULD.

THIS WAS NOTIFIED IN A WAY DIFFERENT THAN A ZONING CASE.

OKAY.

COUNCIL MEMBER, AUTHOR.

SO I'M NOT REALLY, I THINK WE CAN SEE WHERE THE, WHERE THE VOTE IS GOING AND I'M NOT TRYING TO DEBATE IF WE WANT TO DO, UM, LEAVE NO AMBIGUITY.

UM, WE COULD SIMPLY NOTICE THIS TO THE PROPERTIES THAT NEED TO BE NOTICED, AND THEN THIS COULD BE DONE IN A MONTH, UM, WHICH WOULD BE FASTER.

I MEAN, IF THAT'S THE ISSUE, WHICH IS WHAT WE'VE TALKED ABOUT BEFORE ON THE AIRPORT OVERLAY, ET CETERA, UM, THAT YOU COULD SIMPLY NOTICE THE PROPERTIES AND THEN YOU DON'T HAVE TO FEEL LIKE YOU ARE RUNNING A FOLLOW UP EVERYTHING.

AND BECAUSE THIS IS SO CONSTRAINED THAT WOULDN'T BE PARTICULARLY CHALLENGING TODAY.

AND MY CONCERN, UH, COUNTER AUTHOR IS THAT THERE'S DISAGREEMENT AS TO WHETHER OR NOT WE NEED TO NOTICE FOR A TEXT CHANGE THAT GIVES RISE TO A CHANGE IN USE.

SO IT'S AS IF THE CLEAREST STRAIGHTEST PATH THAT HAD US DOING SOMETHING ON WHICH WE ALL AGREE.

WHEREAS THE ITEM 31 THAT WE JUST PASSED, I DON'T THINK FIVE, FOUR, SIX OR NINE MONTHS, UH, IN ORDER FOR AUSTIN ENERGY TO MOVE FORWARD, OR IS IT GOING TO TAKE THAT LONG TO GET IT BACK? I'M SORRY, MAYOR.

I WILL, UM, TRY AND HAVE THIS OTHER CASE BACK AS SOON AS I CAN.

I DON'T HAVE AN EXACT AMOUNT OF TIME, BUT THE RESOLUTION SAYS TO BRING IT BACK AS QUICKLY AS POSSIBLE.

HOW QUICKLY COULD WE BRING IT BACK? MAYBE WE COULD CALL A SPECIAL SESSION OF THE PLANNING COMMISSION TO DO IT.

HOW QUICKLY CAN WE BRING IT BACK? SORRY, MAYOR AGAIN, THERE ARE CERTAIN STATE LEGAL REQUIREMENTS THAT WE WOULD HAVE TO MEET.

UM, SPECIFICALLY

[03:55:01]

WITH REGARD TO THE NOTICE, UH, FOR BOTH THE PLAINTIFF'S POSITION AND THE CITY COUNCIL, WE HAVE TO TAKE OUT A NEWSPAPER AD, PUT UP SIGNS, ET CETERA.

UM, BUT I WILL TRY TO DO WHATEVER I CAN TO, TO MAKE IT GO AS FAST AS, AS BEST AS I CAN.

OKAY.

UH, CATHERINE WERE ALL THERE AGAIN, I'M MY BRAIN IS NOT FUNCTIONING WELL ENOUGH TO NAVIGATE ALL THE LEGAL ISSUES HERE.

I'M REALLY FOCUSED ON TRYING TO GET THE SUBSTATION DONE, BUT I THINK THAT, YOU KNOW, THERE IS A, UM, YOU KNOW, DEPENDING ON, ON WHERE THIS BOAT FALLS OUT, UM, YOU KNOW, THERE WOULD BE AN OPTION TO SEE IF WE'RE HAVING PLANNING COMMISSION TO STILL DO THIS, UM, AND HAVE THE NOTICE HAPPEN.

AND THEN, UM, YOU WOULDN'T HAVE TO HAVE THE CONCERN AT A LATER DATE.

UM, JUST WANT TO THROW THAT OUT THERE.

IF WE GET INTO A PROBLEM AT, AT PLANNING COMMISSION, WHICH WE MAY NOT OKAY.

UH, COUNCIL MEMBER, UH, POOL.

SO THIS WAS IN FRONT OF THE PLANNING COMMISSION ON TUESDAY.

UM, AND IT WOULD STILL NEED TO COME BACK AND GO THROUGH THE SAME PROCESS AGAIN, BECAUSE IT WOULD BE A ZONING CASE AS OPPOSED TO A CHANGE OF USE CASE.

IS THAT CORRECT? MR. HESTER? SO YEAH, 31 HAS ALREADY BEEN RECOMMENDED BY THE COMMISSION ON TUESDAY NIGHT, AS YOU SAID, THIS CASE, WON'T HAVE TO GO BACK TO THE PLANNING COMMISSIONER FOR RECOMMENDATION AND THE ZONING.

THANKS.

JAG COUNCIL MEMBER KITCHEN.

JUST ONE LAST QUESTION.

I WAS TRYING TO UNDERSTAND WHAT COUNCIL MEMBER ALTAR WAS TALKING ABOUT.

SO BASICALLY THE THINKING IS TO, FOR THIS PARTICULAR CASE WHO COULD JUST DELAY IT WHILE WE SEND NOTICE, AND THEN WE COULD USE IT AS A VEHICLE, WHICH IS A CHANGE OF USE AS OPPOSED TO A CHANGE OF ZONING.

AND THAT, THAT WOULD POTENTIALLY BE FASTER.

IS THAT WHAT YOU WERE THINKING? COUNCIL OVERALL, THAT'S WHAT I WAS THINKING, BUT SOUNDS LIKE ONE MORE COUNCIL MEMBER POOL.

AND JERRY SUGGESTED THAT THAT WOULD ACTUALLY MEAN IT WOULD HAVE TO BE A ZONING CASE.

AND SO IT WOULD HAVE TO GO THROUGH THE WHOLE PROCESS AGAIN.

WHEREAS I THINKING THAT THE ISSUE IS THE ISSUE IS THE NOTICE HAPPENING AS OPPOSED TO IT GOING THROUGH THE ZONING PROCESS OF PLANNING COMMISSION, ET CETERA.

UM, IN MY VIEW, IT WAS THE ZONING PROCESS, BUT I DON'T NEED TO GO DOWN.

I DON'T NEED TO GO DOWN THIS ROAD.

THERE'S NOT THE BOARD HAS A MOTION.

YEAH.

I HAVE ONE MORE QUESTION FOR MR. THEN.

UM, WHEN YOU HAVE PROVIDED NOTICE, UM, BY WAY OF THE COMMUNITY REGISTRY, WHICH IS OUR STANDARD PRACTICE WITH USE CHANGES, CORRECT? YES.

HOW, HOW DIFFERENT IS THAT FROM, UM, THE SPECIFIC INDIVIDUALIZED NOTICE EITHER WITHIN 200 FEET OR 500 FEET.

AND I KNOW THAT THERE'S SOME QUESTION ABOUT WHETHER IT'S FROM WHERE THE ACTUAL SUBSTATION IS LOCATED, WHICH IS SORT OF INTERIOR TO THE SITE OR THE EDGE OF THE PROPERTY.

SO COMES TO MEMBERS IN THE WAY THAT THE PREVIOUS ITEM PASSED ON THE SPECIAL CALL.

WE WILL NOTIFY EVERYBODY WITHIN 500 FEET OF THE BOUNDARIES OF THE ENTIRE PROPERTY.

UH, THE WAY THE 31 WAS NOTIFIED, AS YOU SAID, WAS TO COMMUNITY REGISTRY, WHICH IS WHAT THE LAND DEVELOPMENT CODE REQUIRES FOR A CODE AMENDMENT.

AND DO WE KNOW HOW, WHO ALL, WHAT THE SCIENCE OF UNIVERSITIES? UM, IT'S THIRD, THERE WERE SEVERAL HUNDRED MAILED OUT IT'S EVERY REGISTERED NEIGHBORHOOD ASSOCIATION, THE CITY, I THINK THERE'S AROUND 400 OF THEM.

WAS THAT AN APARTMENT OR IS IT A NEIGHBORHOOD? DID YOU SAY IT'S EVERY REGISTERED NEIGHBORHOOD ASSOCIATION AND THAT IS, UM, DO YOU HAVE A MAP TO SHOW WHERE THOSE ARE LOCATED? UH, WE DO HAVE A MAP, BUT WE MAIL IT TO ALL OF THEM.

SO EVERY SINGLE ONE.

AND THAT WAS WITHIN THE 200 FEET OF THE EDGE OF THE PROPERTY WITH 500 FEET OF THE EDGE OF THE CITY? NO, IT WAS FOR THE ENTIRE CITY.

IT WAS EVERY NEIGHBORHOOD ASSOCIATION WITHIN THE CITY.

SO EVEN ONES THAT WERE, YOU KNOW, NORTH, SOUTH, EAST, WEST, EVERY NEIGHBORHOOD ASSOCIATION IN THE CITY RECEIVED NOTICE FOR THIS FOR ITEM 31, I'M TALKING ABOUT THIS.

OH, NO, FOR A SPECIAL CALL ONE, WE WOULD ONLY, ONLY NOTIFY WITHIN 500 FEET OF THE, OF THE FOSSIL ENERGY PROPERTY.

RIGHT.

SO IT'S ALL THOSE, THE ENTIRE COMMUNITY REGISTRY, WHICH SOUNDS LIKE IT WAS ACTUALLY A LARGER UNIVERSE THAN SIMPLY THE AFFECTED PROPERTIES WITHIN 500 FEET OF THE EDGE OF THE AUSTIN ENERGY PROPERTY.

YEAH.

I DON'T KNOW AT THIS TIME HOW MANY NOTICES WILL GO OUT FOR THE 500

[04:00:01]

FOOT FOR THE ZONING NOTICE? UM, THERE ARE SINGLE LARGE, YOU KNOW, SINGLE PROPERTIES AROUND THERE, LIKE THE BRAND NEW WINE PROPERTY.

SO IT WOULDN'T BE THAT MANY, BUT I'D HAVE TO SEE HOW MANY, UM, YOU KNOW, RENTERS OR WHATEVER WOULD FALL INTO THAT PERIOD.

BUT, UM, I DON'T KNOW THAT EXACTLY.

MY UNDERSTANDING IS THERE IS AT LEAST ONE APARTMENT COMPLEX ON THE OTHER SIDE OF ONE OF THE STREETS ON THE NORTH SIDE OF THE PROPERTY.

IS THAT RIGHT? YES, IT IS.

YEAH.

I THINK WE'VE ACTUALLY NOTIFIED A WHOLE LOT OF PEOPLE IN ADVANCE OF THIS ACTION.

THEN WE MAY WITH THE NOTIFICATION OF THE SPECIFIC, UM, PROPERTY OWNERS UNDER A SPECIAL CALL, WHICH IS GREAT.

I MEAN, I WOULD, I'M ALL FOR TRYING MORE PEOPLE RATHER THAN FEWER PEOPLE.

UM, UH, FOR ME AGAIN, THE ISSUE IS HOW QUICKLY CAN AUSTIN ENERGY MOVE FORWARD WITH A CRITICAL INFRASTRUCTURE, UM, PROJECT.

AND, AND SIR, THANKS.

THANKS FOR THAT, MR. ESTHER, THERE, I HAVE ANOTHER QUESTION FOR STAFF.

GO AHEAD, KEVIN.

THANKS.

UM, THIS IS FOR OUR LEGAL STAFF.

I BELIEVE THE ANSWER IS NO, BUT WE, WE CAN'T WAIVE THE REQUIREMENT THAT A CASE GO TO PLANNING COMMISSION, RIGHT? THAT'S A LABOR CODE AMENDMENT, IS THAT CORRECT? RIGHT.

WE CAN'T WAIVE THE ZONING CASE GO INTO PLANNING COMMISSION BECAUSE THAT'S STATUTORY.

CAN SOMEONE REMIND ME WHY THIS HAS BEEN POSTPONED SO MANY TIMES SINCE THE SPRING, THIS WAS ON OUR, CAN I THINK, CAN YOU GET CLOSER TO YOUR MICROPHONE? OKAY.

I CAN TRY.

IT'S RIGHT.

IT'S LIKE A HALF INCH FROM OUR MOUTH, BUT I'M SURE YOU CAN HEAR YOU BETTER SOUND BETTER.

OKAY.

CAN SOMEBODY EXPLAIN TO ME WHY THIS DIDN'T COME OUT FORWARD, SOONER AGENDA? AM I RIGHT IN THINKING THIS WAS ON OUR AGENDA AND GOT POSTPONED OR DID IT JUST TAKE OVER HERE? IT WAS ORIGINALLY GONNA BE TO HIM FROM CONSOLE, UM, ISSUES WERE RAISED WITH REGARD TO, UH, THE, THE CRIMINAL LAWSUIT AND THE NOTICE.

UM, BUT, UM, WE DID TAKE IT TO THE PLANNING COMMISSION AND THEY INITIATED IT AND, UM, BETWEEN WHEN THEY INITIATED IN JUNE AND NOW, UH, THERE HAVE BEEN ONGOING DISCUSSIONS ABOUT THE NOTICE.

SO, UM, THANK YOU MR. AUSTIN.

AND JUST FOR THE, FOR THE RECORD, WHEN WE DID THE LAND DEVELOPMENT CODE, WE PROVIDED NOTICE TO, TO, TO, TO MUCH IF NOT ALL OF THE CITY, UH, BUT THERE WERE SOME QUESTIONS ABOUT WHETHER OR NOT A NOTICE, UM, UM, WAS SUFFICIENT AND WHETHER WE ACTUALLY HAD TO GIVE PEOPLE NOT ONLY NOTICE, BUT APPEAL, RIGHTS ASSOCIATED WITH THE NOTICE.

THAT WAS ONE OF THE OBJECTIONS I THINK THAT WAS RAISED IN THE AKUNA APPEAL.

IS THERE LEGAL STAFF? IS THERE A WAY TO APPROVE ALTERNATE NOTICE? IS THERE SOMETHING THAT IF WE HAD LIKE, LIKE EIGHT VOTES, WE CAN, UH, UH, NOTICE, UH, A COMBINED PUBLIC HEARING OR SOMETHING AND MOVE MORE QUICKLY.

THERE IS A PROVISION OFFER, A COMBINED PLANNING COMMISSION AND CITY COUNCIL NEEDING ON THIS THAT WE CAN DO NOTICE FOR.

UM, WE MIGHT WANT TO THINK ABOUT THAT JUST SINCE WE'VE NEVER DONE IT.

I'M NOT SURE IF IT WOULD END UP BEING THAT MUCH FASTER.

WE WERE, WE WERE SORT OF, UM, DISCUSSING THIS AMONG OURSELVES, UM, OFFLINE.

UM, AND THERE IS, THERE IS A PROCESS FOR THAT.

WE JUST HAVE NEVER DONE IT.

UM, SO WE COULD LOOK AT THAT AND SEE IF WE THINK, UM, THAT WOULD SAVE SOME TIME.

AND GIVEN THAT THE RESOLUTION SAYS TO DO THIS AS QUICKLY AS POSSIBLE, IF WE THINK THAT'S A, UM, SOMETHING WE CAN DO, WE CAN COME BACK TO YOU WITH THAT.

I THINK CLEARLY THERE'D BE EIGHT VOTES TO DO THAT.

AND IF IT REQUIRED, IT SAVED US FROM SUCCESS.

YOU SAVED US TIME.

I'M SURE EVERYBODY WOULD, WOULD DO THAT, BUT LET'S CONTINUE ON THE ITEM IN FRONT OF US IS, UH, ITEM NUMBER 31.

IF IT PASSES, THEN WE'RE DONE, UH, AND, AND MOVE FORWARD.

IF IT DOESN'T PASS, THEN, UH, I'LL ENTERTAIN A MOTION TO INDEFINITELY, POSTPONE IT.

BUT THE MOTION IN FRONT OF US IS TO PASS ITEM NUMBER 31, THE STAFF, UH, UH, RECOMMENDATION, UM, DIFFERENT THAN THE PLANNING COMMISSION RECOMMENDATION, ANY FURTHER DISCUSSION.

OKAY.

LET'S TAKE A VOTE THOSE IN FAVOR OF THE POOLS, UH, MOTION TO COUNCIL MEMBER, KITCHEN.

YOU DO YOU WANT TO JOIN THE SPEAKER? YOU VOTING? OKAY.

THOSE IN FAVOR, PLEASE RAISE YOUR HAND.

A COUNCIL MEMBER POOL, COUNCIL MEMBER, KITCHEN, KATHY.

I CAN'T SEE YOU TO SEE HOW YOU'RE VOTING.

THANK YOU FOR ASKING.

CAUSE MY, MY, UM, HAND GOT STUCK UP.

THAT'S OKAY.

I HAVEN'T, I'M NOT VOTING IN FAVOR.

YOU'RE NOT VOTING IN FAVOR.

[04:05:01]

OKAY.

UH, THOSE OPPOSED TO THE MOTION, PLEASE RAISE YOUR HAND.

OKAY.

I THINK HOW ARE YOU VOTING? I'M GOING TO ABSTAIN.

OKAY.

TWO VOTES IN FAVOR.

UH, KATHY ABSTAINS, THE OTHERS VOTING.

NO OUTSTANDING AS WELL.

OKAY.

COUNCIL MEMBER ALTERED STATES.

ELLIS WILL ABSTAIN AS WELL.

COUNCIL MEMBER ALICE ABSTAINS, INSUFFICIENT VOTES FOR IT TO PASS.

IS THERE A MOTION TO POSTPONE INDEFINITELY ITEM NUMBER 31.

MAKES THAT MOTION.

IS THERE A SECOND COUNCIL MEMBER? ALICE SECONDS.

AND THE DISCUSSION? I HAVE A QUESTION FOR KITCHEN.

YES.

SECOND SPEAK AFTER COUNCILMAN.

OH, GO AHEAD.

GO AHEAD.

YOU GO FIRST.

I JUST GET THE OPPORTUNITY.

THANK YOU.

OKAY.

I DON'T UNDERSTAND.

CAN YOU PLEASE EXPLAIN TO ME WITH THE NECESSITY OF POSTPONING THIS INDEFINITELY? WE VOTED IT DOWN.

SO WHY, WHY DO WE NEED TO CONTINUE WITH IT? BECAUSE THAT'S WHAT I ANNOUNCED I WAS GOING TO DO BEFORE.

NO, BUT I'M JUST WANTING TO UNDERSTAND.

I'M NOT SAYING WE CAN'T, BUT WHY WOULD WE, I DON'T UNDERSTAND WHY WE WOULD DO THAT.

THAT'S HAS SUGGESTED, HAS SUGGESTED TO ME WHEN I ASKED THE QUESTION ABOUT THE DIFFERENT WAYS THAT THIS COULD PASS THROUGH, UH, THAT IT WAS IN THE BEST INTEREST OF AUSTIN ENERGY FOR US TO POSTPONE THIS INDEFINITELY RATHER THAN VOTING IT DOWN OR NOT TAKING ACTION.

SO THAT IF THERE WAS A REASON TO BRING IT BACK, IF THE ZONING 31 RAN INTO ANY KIND OF ISSUES, UH, IT COULD COME BACK TO US WITHOUT HAVING TO BE RE NOTICED IN THE LIGHT.

UH, IT JUST MADE IT QUICKER AND EASIER TO BRING IT BACK FROM AUSTIN ENERGY, FURTHER DISCUSSION ON THE MOTION.

COUNCIL MEMBER, HARPER, MADISON.

YOU WANT IT TO BE RECOGNIZED? THANK YOU, CHAIR.

I APPRECIATE IT.

I THINK A COUNCIL MEMBER KITCHEN ALREADY.

YEAH.

YES.

THE SAME QUESTION THAT I WAS GOING TO ASK.

OKAY.

FURTHER DISCUSSION ON THE MOST MOTION TO POSTPONE INDEFINITELY AND LET'S TAKE A, VOTE THOSE IN FAVOR OF THE MOTION TO POSTPONE INDEFINITELY.

PLEASE RAISE YOUR HAND.

THOSE OPPOSED? UH, KATHY VOTING.

NO ON THE MOTION TO POSTPONE INDEFINITELY.

SORRY IT, SORRY.

IT JUST FROZE AT THE WRONG TIME.

UM, NO, I WAS VOTING IN FAVOR OF THE MOTION TO POSTPONE INDEFINITELY.

I DON'T KNOW WHY, UH, IN THE EVENING SOMEHOW IT JUST GOT MORE NOW.

IT'S OKAY.

IT'S WORKING, UH, UH, OUTSMART POOL.

HOW ARE YOU VOTING ON THE MOTION TO POSTPONE INDEFINITELY AS A REPORT? I THINK YOU SAID YOU ABSTAIN.

OKAY.

SO WITH EVERYONE VOTING, AYE, EXCEPT FOR COUNCIL MEMBER POOL WHO ABSTAINS, UH, 31 IS POSTPONED INDEFINITELY WITH THAT COLLEAGUES.

I THINK WE'VE TAKEN CARE OF EVERYTHING.

THAT'S ON OUR AGENDA FOR TODAY.

NO ONE HAS ANYTHING ELSE AT THE, THEN AT SEVEN OH FOUR.

UH, THIS MEETING IS ADJOURNED.

THANK YOU.

.