skip to main content
Austin City Connection logo; link back to Austin City Connection home page
 
Options

Directory | Departments | FAQ | Links | Site Map | Help | Contact Us

Closed Caption Log, Council Meeting
Wednesday, April 18, 2002

Note: Since these log files are derived from the Closed Captions created during the Channel 6 live cablecasts, there are occasional spelling and grammatical errors. These Closed Caption logs are not official records of Council Meetings and cannot be relied on for official purposes. For official records or transcripts, please contact the City Clerk at (512) 974-2210.

MAYOR GARCIA: THERE BEING A QUORUM OF THE COUNCIL IN THE CHAMBERS, I'M GOING TO CALL THE MEETING OF THE CITY COUNCIL BACK TO ORDER. IN EXECUTIVE SESSION, WE — WE CONCLUDED WHAT IS — WHAT IS — WHAT IS DESIGNATED AT ITEMS NUMBER 12 AND — AND NUMBER 2, WHICH IS PRIVATE CONSULTATION WITH THE ATTORNEY UNDER SECTION 551 .071. AND ARE IN 4 DISCUSS LEGAL ISSUES RELATED TO THE 2001BFI SETTLEMENT AGREEMENT. WE HAVE ALSO COMPLETED THE DISCUSSION ON ITEM NO. 5, WHICH IS UNDER PUBLIC POWER UTILITY COMPETITIVE MATTERS, SECTION 551.086. THIS CAUSED LONG-TERM POWER GENERATION ISSUES. NO DECISIONS WERE MADE IN EXECUTIVE SESSION. WE NOW GO TO 1:30 TIME CERTAIN, CITIZENS MOSTLY SUNNY INDICATION, GENERAL. WE HAVE — I HAVE TO — I HAVE TO READ INTO THE RECORD THAT THE CITIZENS COMMUNICATION GENERAL HAS TWO ADDITIONAL SPEAKERS. ROLANDO PINA AND JENNIFER GALE WHO WOULD BE ITEMS NO. 13 AND 14. BUT AT THIS TIME I'M GOING TO RECOGNIZE THE FIRST PERSON LISTED ON THE AGENDA THAT'S MR. GUS PENA. AND FOLLOWING MR. PENA, IS — IS MS. VERONICA HERNANDEZ. MR. PENA, WELCOME, SIR.

CLERK BROWN: MAYOR, BEFORE YOU START, WE ALSO HAVE ONE ADDITIONAL SPEAKER, HIS NAME IS JAMES RIP ROAR.

MAYOR GARCIA: JAMES, HOW DO YOU SPELL THE SECOND NAME?

IT HAS IT IN PATTERN THESES, R.I.P., RIP, AND LAST NAME ROW.... ROWEN.

OKAY. SO THOSE WOULD BE LISTED AS SPEAKERS NO. 13, 14, 15, AND LET'S SEE, 3, 6, 7, 3 IS 10, MY GUESS IS TO THE — THAT GETS US TO THE 10 PEOPLE THAT ARE ALLOWED TO SPEAK IN CITIZENS COMMUNICATION GENERAL.

THANK YOU, MR. MAYOR. APPRECIATE THAT VERY MUCH. MR. MAYOR, I'M GOING TO DEVIATE FOR MY USUAL PRESENTATION. MY NEPHEW CHRIS IS TERMINALLY ILL, ICU AT BRACKENRIDGE HOSPITAL, THAT'S WHY I AM HERE, TO SPEAK ABOUT THAT ISSUE. HE'S TERMINALLY ILL, HE'S BEEN GIVEN UNTIL TODAY, I BELIEVE. THE REASON THAT I'M COMING FORWARD TO SPEAK TO YOU IS BECAUSE A CHARGE NURSE AT ICU BY THE NAME OF SANDY RANKIN HAS BEEN VERY DISRESPECTFUL, LACK OF PROFESSIONALISM, LACK OF SENSE TEE, CONDUCT UNBECOMING PUBLIC EMPLOYEE AND DISCRIMINATION AGAINST MY FAMILY AND FAMILY MEMBERS FOR OUTSIDE OF AUSTIN. WE ARE GATHERED IN THE ICU WAITING AREA. MY SISTER WAS HARASSED BY THIS CHARGE NURSE, NANCY RANKIN TOLD YOU ARE BEING TOO LAWED, YOU ARE PRAYING —

MAYOR GARCIA: IS SHE AN EMPLOYEE OF SETON.

YES, SIR, ICU AT BRACKENRIDGE HOSPITAL. MY SISTER WAS TOLD, YOU ALL ARE CRYING TOO MUCH, PRAYING TOO MUCH, YOU ARE REALLY CAUSING COMMOTION FOR YOUR SON, BUT WE ARE THERE FOR MY NEVADA NEW WHO IS TERMINALLY ILL. ANYWAY, WE WENT FOR FOUR PATIENTS — RATHER FOUR VISITORS TO TWO VISITORS PER 30 MINUTE ALLOTMENT, WE HAVE BEEN KEEPING UP WITH THE RULE, WE DON'T DEVIATE FOR THE RULES. MY SISTER IS ALREADY TRAUMATIZED, SHE REALIZED SHE'S GOING TO LOSE HER CHILD. WE DON'T DESERVE THAT. I CALLED MR. THOMAS GALLAGHER WHO I HAD CALLED BEFORE PREVIOUS ON ANOTHER COMPLAINT REGARDING A HOMELESS PERSON BEING HARASSED AND DEMANDING PAYMENT, HE IS SENIOR VICE-PRESIDENT OF BUSINESS DEVELOPMENT. HE NEVER RETURNED MY PHONE CALL REGARDING THAT ISSUE IN FEBRUARY. I CALLED AND LEFT A MESSAGE TODAY TO HIM AND ALSO PAT HAYS, I TALKED TO PAT HAYS REGARDING THAT ISSUE. I APPRECIATE THE PROFESSIONALISM OF YOUR EXECUTIVE ASSISTANT, PAUL SALDANA VERY HELPFUL, THANK GOD WE HAVE GOOD PEOPLE HELPING US OUT. I WANT TO COMMEND THEM FOR THE SUPPORT AND OUR — OUR CITY MANAGER TOBY FUTRELL HAS SAID SHE WOULD FOLLOW UP. WE DON'T DESERVE THAT. ANGLO VISITORS WERE ALLOWED SIX VISITORS PER PATIENT AND — IN ONE 30 MINUTE — I'M SORRY, ONE 10 MINUTE ALLOTMENT. THAT'S DISCRIMINATION, I HAVE NEVER SPOKEN ABOUT THAT, COLOR, WHATEVER. WE ARE BEING RETALIATED AGAINST, I'M ASKING FOR HELP.

MAYOR GARCIA: WE WILL LOOK INTO THAT MR. PENA.

THANK YOU.

MAYOR GARCIA: MS. VERNG CAME HERNANDEZ, VERONICA HERNANDEZ, FOLLOWING HER MIGUEL A GOMEZ. WELCOME.

HI, MY NAME IS VERONICA HERNANDEZ I AM WITH PODER. I AM HERE TODAY TO TALK ABOUT JUVENILE JUSTICE AND THE AUSTIN INDEPENDENT SCHOOL DISTRICT. COMMUNITIES OF COLOR IN EAST AUSTIN HAVE EXPRESSED CONCERN TO PODER THAT OUR YOUTH ARE OVER REPRESENTED IN THE JUVENILE COURT SOME AND IN THE DISCIPLINARIAN CENTERS FOR THE AUSTIN INDEPENDENT SCHOOL DISTRICT. TO ADDRESS THIS ISSUE, PODER INITIATED PROJECTS TO INFORM AND DOCUMENT THE SELECTIVE ENFORCE OF YOUTH, OF COLOR IN THE JUVENILE COURT SYSTEM. A BROCHURE WAS DEVELOPED TO PROVIDE EDUCATIONAL INFORMATION ALONG WITH ADVOCACY TIPS FOR STUDENT AND PARENTAL RIGHTS. JUVENILE JUSTICE HAS BECOME A CONCERN THROUGHOUT THE STATE OF TEXAS, AS WELL AS ACROSS THE UNITED STATES. TODAY MANY PEOPLE IN TEXAS ARE CONCERNED, GIVEN THAT THE STATE LEADS THE COUNTRY IN THE NUMBER OF EXECUTION AND DEATH ROW INMATES. AGAIN, THE INMATE POPULATION IS OVERREPRESENTED BY PEOPLE OF COLOR. IN THE SUMMER AND FALL OF 2000, THE YOUNG SCHOLARS FOR JUSTICE, A PROGRAM OUT OF PODER, SURVEYED YOUTH AT VARIOUS LOCATIONS, INCLUDING BUS STOPS, RECREATION CENTERS AND SCHOOLS. TO DATE THERE HAS BEEN OVER 150 YOUNG RESPONDENTS. 10TH GRADERS, 16 YEARS OF AGE, OVER HALF OF THOSE SURVEYED AND/OR FAMILY MEMBERS HAD BEEN REFERRED TO JUVENILE COURT RATHER THAN JUSTICE OF THE PEACE. OVER 50% OF THE RESPONDENTS FELT THAT STUDENTS OF COLOR ARE REFERRED MORE THAN OTHER STUDENTS TO JUVENILE COURT OR ALTERNATIVE PROGRAMS. ALMOST 60% FELT THAT THERE SHOULD BE OTHER TYPES OF PROGRAMS AND SERVICES AVAILABLE. THE FOLLOWING INFORMATION HAS BEEN PRESENTED TO THE AUSTIN INDEPENDENT SCHOOL DISTRICT AND TO THE AUSTIN EQUITY COMMISSION, WHICH INCLUDED THIS INFORMATION IN ITS REPORT TO CITY COUNCIL THIS PAST FALL. I WOULD LIKE TO TURN OVER MY FOLLOWING TIME TO DR. MIGUEL GOMEZ.

FOUR MINUTES AND SEVEN SECTS. YOU CAN MOVE THE CLOCK TO FOUR MINUTES AND SEVEN SECONDS. THANK YOU. FORCE WELCOME. WELCOME, DR. AMELIA GOMEZ. FOLLOWING DR. GOMEZ IS NORMAN KIEKE. YOU WILL BE NEXT. FOLLOWING SOME OF THE POINTS THAT VERONICA JUST MADE, I WOULD LIKE TO SHOW SOME EXAM LES OF DISPLANARY RULES IN THE CHART HERE. IN CHART —

[INAUDIBLE - NO MIC] IN CHART 5, WE KNOW FOR THE FIVE SCHOOLS LISTED THERE'S A LARGE DISCREPANCY BETWEEN THE POPULATION THAT IS LATINO AND THE STUDENT POPULATION THAT IS REFERRED TO THE TRAVIS COUNTY JUVENILE PROGRAM. THE SMALL BAR IN BOTH THESE GRAPHS, ONE FOR LATINO STUDENTS, ONE FOR AFRICAN AMERICAN STUDENTS. THE SMALL BAR REPRESENTS THE PROPORTION OF LATINO STUDENTS IN A PARTICULAR SCHOOL. AS CAN YOU SEE THE LARGE BAR REPRESENTS THE PROPORTION OF REFERRALS THAT WERE LATINO IN THAT SAME SCHOOL. CHART 6 REFERS TO AFRICAN AMERICANS AND CHART 5 REFERS TO LATINOS. WE HAVE OTHER CHARTS HIGHLIGHTING THE OTHER PROBLEM WITH SELECTIVE ENFORCEMENT IN THE HANDOUTS THAT WE HAVE PREPARED. WE WOULD LIKE TO STRESS FOUR POINTS WITH REGARD TO SELECTIVE ENFORCEMENT OF DISCIPLINARIAN RULES. ONE IS THAT THIS IS AN INSTITUTIONAL PROBLEM REFLECTING ALL SCHOOLS IN AISD, THE NOT A PROBLEM CONFINED TO [INAUDIBLE] SCHOOLS. TWO, THROUGH SELECTIVE ENFORCE SCHOOLS EFFECTIVE ENGAGE IN THE TYPE OF TRACKING OF YOUTH OF COLOR INTO THE JUVENILE COURT SYSTEM INSTEAD OF PREPARING THEM TO BE PRODUCTIVE AND INFORMED CITIZENS THAT ENJOY FULL AND EQUAL PARTICIPATION IN SOCIETY. 3, SELECTIVE ENFORCEMENT IS VERY SIMILAR TO BROADER GOVERNMENT PRACTICES LIKE RACIAL PROFILING. THAT CRIMINALIZE PEOPLE OF CONTROL, VIOLATING OUR CIVIL RIGHTS AND THE PRESUMPTION OF INNOCENCE BEFORE PROVEN GUILTY. FINALLY, SELECTIVE ENFORCEMENT FORMS PART OF A REPRESSIVE MODEL FOR DEALING WITH SOCIAL TRANSGRESSION IN SCHOOLS KNOWN AS THE ZERO TOLERANCE POLICY. THE REPRESSIVE MODEL IN EDUCATIONAL INSTITUTIONS IS LINKED TO THE USE OF REPRESSIVE MODELS OF OTHER AREAS OF GOVERNMENT POLICY. SUCH AS THE MILITARIZATION OF THE U.S. MEXICO BORDER, THE INVESTMENT IN PRISONS AND THE DIVESTMENT OF EDUCATION AND THE MILL TAR DECISION OF PUBLIC — MILITARY DECISION OF PUBLIC SPACES SUCH AS THE IMPLEMENTATION OF CURFEWS IN U.S. CITIES. WE WOULD LIKE TO POINT OUT THERE ARE ALTERNATIVE MODELS FOR DEALING WITH ALLEGED TRANSGRESSIONS IN SCHOOLS AND THAT THESE NEED TO BE EXPLORE UNDERSTAND DIALOGUE WITH CONCERNED MEMBERS OF THE AFRICAN AMERICAN AND LATINO COMMUNITY. THE NEIGHBORHOOD CONFERENCE COMMITTEE AND IMPACT TEAMS, FOR EXAMPLE, COULD BE IMPLEMENTED FOR THIS PURPOSE. BY PROVIDING INSTITUTIONAL SPACE FOR CONCERNED PARENT AND COMMUNITY MEMBERS TO ACT AS MEDIATORS AND DECISION MAKERS IN THE STUDENT DISCIPLINARIAN PROCESS. AM I OUT OF TIME?

MAYOR GARCIA: YOU HAVE ONE MINUTE AND 18 SECONDS.

THANK YOU. OTHER IMPORTANT ISSUES THAT NEED TO BE DISCUSSED ARE WHAT IN FACT CONSTITUTES A DISCIPLINARIAN INFRACTION. AND WHAT ARE THE LONG-TERM CONSEQUENCES OF JUVENILE CRIMINAL RECORDS FOR MEN AND WOMEN OF COLOR WHEN THEY REACH YOUNG ADULTHOOD? WE HOPE THAT YOU TAKE THE PROBLEM OF SELECTIVE ENFORCEMENT SERIOUSLY AND THAT YOU ARE OPEN TO CONCRETE POLICY PROPOSES EMANATING FOR THE COMMUNITY OF COLOR AND ITS POLITICAL ORGANIZATIONS, THANK YOU. THANK YOU VERY MUCH, DR. GOMEZ, THIS IS VERY GOOD INFORMATION. WE HAVE TALKED ABOUT THIS I THINK AT ONE OF THE PUBLIC HEARINGS THAT THE MAYOR'S COMMITTEE HAD. I'M GOING TO SUBMIT THIS INFORMATION TO THEM SO THEY CAN INCLUDE IT IN THE REPORT THAT'S GOING TO BE COMING OUT VERY SOON. THIS IS ONE OF THE ISSUES THAT THEY HAVE LOOKED AT, DISPROPORTIONATE REFERRALS OF — OF YOUTH OF COLOR INTO THE JUSTICE SYSTEM. SO I APPRECIATE IT VERY MUCH.

THANK YOU.

MAYOR GARCIA: MR. NORMAN KIEKE, FOLLOWING DR. KIEKE IS SUSANA ALMANZA.

GOOD AFTERNOON, MAYOR, CITY COUNCIL, I'M EXECUTIVE DIRECTOR OF DISABILITY ASSISTANCE OF CENTRAL TEXAS. WE ARE A RELATIVELY NEW AGENCY AND IN THE PROCESS OF TAKING OVER PROGRAMS AND SERVICES THAT HAVE BEEN PROVIDED IN CENTRAL TEXAS FOR OVER 40 YEARS BY THE CEREBRAL PALSY ASSOCIATION. WHICH IS ENDING ITS OPERATIONS HERE IN CENTRAL TEXAS. WE ARE ALSO A MEMBER OF THE FUNDING COALITION AND OTHER WAY TEXAS SHARES, I'M HERE AS A PROUD NEW COMMISSIONER FOR THE MAYOR'S COMMITTEE FOR PEOPLE WITH DISABILITIES. I THANK YOU, MAYOR FORKS THAT APPOINTMENT. ACTUALLY I'M HERE TODAY WEARING MY HAT FOR THE AUSTIN AREA HUMAN SERVICES ASSOCIATION OR AS OUR ACRONYM DOESN'T QUITE WALLY, ASHA. TRYING TO PROMOTE THE IDEA FOR PEOPLE FIRST, OUR ELECTED OFFICIALS TO PUT PEOPLE FIRST IN THEIR FUNDING AND DECISION MAKING PROCESSES. THE MISSION OF ASHA IS TO INTERPRET THE HUMAN SERVICE NEEDS OF THE AUSTIN COMMUNITY TO POLICY MAKERS AND THE PUBLIC AND TO SUPPORT MEMBER AGENCIES OF ASHA IN MEETING THOSE NEEDS. SPECIFICALLY I AM HERE TODAY REPRESENTING MY PARTNER AGENCIES IN ASHA, THOSE AGENCIES SERVING PEOPLE WITH MENTAL RETARDATION AND OTHER DEVELOPMENTAL DISABILITIES. THOSE THAT SPECIFICALLY HELPED IN PREPARING THIS PRESENTATION INCLUDE ANY BABY CAN, THE ARC OF THE CAPITAL AREA, AUSTIN TRAVIS COUNTY MHMR, EASTER SEALS, GOODWILL INDUSTRIES AND DISABILITY ASSISTANCE. MY COMMENTS ARE EXCERPTED FOR THE RECENTLY PURCHASED MRDD COMMUNITY ASSESSMENT REPORT. A REPORT THAT I HOPE THAT YOU ARE GAINING SOME FAMILIARITY WITH. THIS WAS PUBLISHED THROUGH THE PROCESS OF THE COMMUNITY ACTION NETWORK WITH LOTS OF SUPPORT FOR THE AUSTIN TRAVIS COUNTY MHMR AGENCY. PEOPLE WITH DISABILITIES FACE MANY EVERYDAY CHALLENGES THAT YOU AND I FACE. BUT THEY ARE COMPLICATED BY THE DISABILITY OF THOSE INDIVIDUALS. TRANSPORTATION INCONSISTENCIES, HIGH UNEMPLOYMENT RATES, UNAFFORDABLE HOUSING AND UTILITIES, HEALTH CARE ISSUES, EDUCATION IS INEQUITABLE, NEGLECT, ABUSE, EXPLOITATION ARE COMMONPLACE, LACK OF QUALIFIED CAREGIVERS BY THE PEOPLE WE SERVE. WE SERVE A VULNERABLE POPULATION. BITS AND PIECES OF THE SERVICES THAT I HAVE MENTIONED AS WELL AS OTHER SERVICES ARE OFFERED, BUT STILL WE SEE SIGNIFICANT GAPS IN THE PROVISION AND THE ABILITY OF THESE SERVICES. ALL OF OUR AGENCIES DOCUMENT THE INCREASED DEMAND ON OUR SERVICES. FOR EXAMPLE, THE CRISIS ASSISTANCE PANTRY DOCUMENTED A 260% INCREASE IN THEIR DEMAND FOR SERVICES AT THE END OF 2001. WITHIN OUR OWN SUPPORTED LIVING PROGRAM, WE HAVE A TWO YEAR WAITING LIST. OUR FUNDING FOR THIS YEAR ONLY ALLOWS TWO ADDITIONAL CLIENTS IN A PROGRAM THAT HAS A WAITING LIST TWO YEARS LONG FOR PEOPLE WANTING TO MOVE INTO THE COMMUNITY, PEOPLE WITH SEVERE DISABILITIES. IN OUR JOB SEARCH EFFORT, AGAIN PEOPLE WITH MULTIPLE DISABILITIES — [BUZZER SOUNDING] — WE SOMETIMES LOOK AT THREE JOB PLACEMENTS BEFORE WE ARE ABLE TO FINDS A PLACEMENT FOR THESE INDIVIDUALS. WE DO THANK YOU FOR YOUR PAST SUPPORT. IN MANY CASES MAKING THE CITY OF AUSTIN A WELCOMING ENVIRONMENT FOR PEOPLE WITH DISABILITIES. WE DO SEEK CONTINUING SUPPORT FOR THE AUSTIN — FOR THE AUSTIN CITY COUNCIL AND TRAVIS COUNTY COMMISSIONERS AS WE ATTEMPT TO ADDRESS THE GOALS THAT ARE INCLUDED IN THIS ASSESSMENT. THANK YOU.

THANK YOU.

SUSANA ALMANZA, AND THEN AKWASI EVANS, MS. ALMANZA, WELCOME.

WE WOULD LIKE TO INVITE YOU TO PODER'S ANNIVERSARY MOVED TO EARTH DAY, MONDAY, APRIL 22ND, FOR 6:00 TO 8:00 AT THE INTERSECTION OF BERG MAN AND CHICON. I THINK THE PARK HAS IT DOWN AS MARTIN'S SHELTER, BUT WE IN THE BARRIO KNOW IT AS CHICANO PARK. WE ARE GOING TO HAVE INDIGENOUS DANCERS, A TROPICAL PRODUCTION, HAWAIIAN DANCERS, THEN EARTH CULTURE DANCERS. SO WE INVITE ALL OF YOU ALL TO COME UP FOR 6:00 TO 8:00 P.M. WE ARE RETURNED TO OUR WAYS OF HONORING MOTHER EARTH THROUGH PRAYER, DANCE AND POETRY, PLEASE JOIN US. ALSO I WOULD LIKE TO TALK BRIEFLY ABOUT THE MONTOPOLIS NEIGHBORHOOD PLAN. WE HAD A MEETING THIS PAST TUESDAY REGARDING THE — AS PEOPLE KNOW IT, THE JOCKEY TRACK WHERE THEY WANTED TO PUT THE HORSE RACETRACK. THE PLANNER, THE STAFF CAME TO US AND SAID THEY HAD THREE OPTIONS FOR US TO REDEVELOP BECAUSE THE CITY WAS NO LONGER GOING TO PURCHASE THAT LAND FOR AFFORDABLE HOUSING. I WAS VERY DISAPPOINTED ALONG WITH THE COMMUNITY TO HEAR THAT NEWS. THAT WAS THE FIRST TIME THAT WE HAD HEARD THAT THE CITY WAS NOT GOING TO PURCHASE THAT PROPERTY. WE THINK IT'S A REAL BAD DECISION BECAUSE WE HAVE HEARD IT WAS LIKE $2 MILLION FOR 60 ACRES AND WE FEEL THAT'S A BARGAIN. YOU KNOW, WHEN YOU LOOK AT THAT PRICE. ANYWAY, WE FEEL THAT THE STAFF IS REALLY TRYING TO INTIMIDATE US AND FORCE US TO ACCEPT THE OPTION OF SINGLE FAMILY MULTIPLE FAMILY, AND S.F. 6, WHICH INCLUDES TOWNHOUSE AND CONDOMINIUMS, WHEN THE NEIGHBORHOOD PLAN HAD ALREADY AGREED TO LET APARTMENTS COME UP CLOSE TO GROVE, APARTMENTS ON THE TRIANGLE BETWEEN MONTOPOLIS, RIVERSIDE AND GROVE AND THEN THE MONTOPOLIS — UP TOWARDS THE MONTESSORI SCHOOL. WE HAD ALREADY AGREED WHAT WE WOULD GIVE TO APARTMENTS. WE HAVE DONE THAT. NOW WE ARE BEING FORCED TO TRY AND AGREE TO HAVE MORE OF APARTMENTS AND CONDOMINIUMS AND TOWNHOUSES AND I THINK — I DON'T THINK THAT'S FAIR WHEN THE NEIGHBORHOOD PLAN MAKES AN AGREEMENT AND DECIDES TO TAKE ON ANOTHER THOUSAND UNITS AND THEN A PLAN COMES BACK AGAINST OUR WILL TRYING TO FORCE US TO TAKE MORE APARTMENTS WHEN WE HAVE ALREADY GIVEN UP OUR SHARE. SO I ASK THAT YOU — THAT YOU GET WITH STAFF TO LOOK AT THAT PLAN AND SAY THIS NEEDS TO BE LOOKED AT AND WE NEED TO WORK IN DOING THAT SINGLE FAMILY HOUSING SOME WAY, WHETHER IT'S A JOINT PARTNERSHIP OR NOT. I MEAN, IT REALLY INFEWERATES ME WHEN I THINK THAT — INIF YOU ARE RATES ME WHEN WE SPEND $9 MILLION FOR WEST AUSTIN JOGGER, WE CAN'T DO THAT FOR EAST AUSTIN AND WE CAN'T DO IT FOR AFFORDABLE HOUSING. WE SPENT THAT MUCH MONEY FOR A BRIDGE THAT TOOK A LONG TIME FOR PEOPLE TO USE — [BUZZER SOUNDING] — SO I ASK THAT YOU REALLY LOOK AT THE AFFORDABLE HOUSING ISSUE. THANK YOU.

MAYOR GARCIA: THANK YOU, MS. ALMANZA. MR. AKWASI EVANS, FOLLOWING MR. EVANS IS DR. SYLVIA HERRERA. WELCOME, SIR.

GOOD AFTERNOON, MAYOR. COUNCILMEMBERS. THANK YOU FOR ALLOWING ME TO SPEAK BEFORE YOU TODAY. I'M HERE AGAIN TO TALK TO YOU ABOUT THE ISSUE OF REPARATIONS AND ECONOMIC APARTEID. I'M HERE TO REMAINDER YOU OF ALL OF THE CULTURES IN THIS GREAT SOCIETY THAT WE HAVE, AFRICAN AMERICANS ARE THE ONLY ONE WHO ARE NOT IMMIGRANTS. WE DIDN'T VOLUNTARILY CAME CO-TO THIS LAND, WE WERE KIDNAPPED, OUR ANSWER SAYS STORES WERE STOLEN — ANCESTORS WERE STOLEN, SO WAS THEIR LABOR, SO WAS THEIR BODIES, SO WAS THEIR SPIRITS. AFTER THEY WERE LIBERATED THROUGH THE CIVIL WAR, STILL FACED WITH JIM CROW LEGISLATION, ESPECIALLY IN THE SOUTH, AUSTIN, TEXAS ORDINANCE REQUIRING THAT WE ONLY LIVE IN ONE PART OF TOWN. WE ARE STILL BEING VICTIMIZED BY THAT. I AM HERE TODAY BECAUSE I AM TIRED OF BEING RIPPED OFF. I COULD STAND HERE IF YOU GAVE ME 30 MINUTE, I COULD NAME AFTER NAME AFTER NAME AFTER NAME AFTER NAME AFTER NAME OF BUSINESSES AND INDIVIDUALS AND INSTITUTIONS THAT WERE STEALING FOR ME AND EVERY AFRICAN AMERICAN IN THIS CITY. I WILL GIVE YOU ONE EXAMPLE. I JUST APPLIED FOR A LOAN BECAUSE — I'M A LATE PAY. SO MY CREDIT IS BAD. I PAY BILLS LATES BECAUSE I HAVE SO MUCH STOLEN I DON'T HAVE ENOUGH LEFT OVER TO PAY THE BILLS. I ASKED FOR A.. A LOAN. I WAS TOLD THAT YOU HAVE GOT A LATE PAY ON HERE TO GARDEN RIDGE FOR $82.

WHAT DID I BUY? I HAVEN'T BOUGHT ANYTHING ALL YEAR. COME TO MIND OUT WHAT I DID BUY FOR GARDEN RIDGE LAST YEAR AND PAID THEM IN FULL, AFTER THAT THEY ASSESSED ME A $25 LATE CHARGE AND 57 CENTS FINANCE FEE. WHEN I REFUSED TO PAY IT, ANOTHER $25, AND $1.67 FINANCE FEE. WHEN I REFUSED TO PAY IT, ANOTHER $25 LATE CHARGE AND FINANCE FEE. THEN THEY FILED A CREDIT REPORT. FORTUNATELY FOR ME AND THEM TOOK IT OFF THEIR BOOKS YESTERDAY WHEN I CALLED RACING KANE OVER OWING THEM $28 FOR NOTHING. BUT WHAT THEY DID TO MY CREDIT IN THE PROCESS WAS DAMAGING. THIS IS NOT AN INDIVIDUAL FEBRUARY.........THEN NON- PHENOMENON. THAT HAPPENS TO EVERY AFRICAN AMERICAN TEXAN IN AUSTIN. THE STUDENT POPULATION AT U.T. IS ADDRESSING THE QUESTION OF REPARATIONS. TOMORROW JOHNNY COCHRAN WILL BE THE KEYNOTE SPEAKER TALKING ABOUT THE LAWSUIT HE IS FILING ON A NATIONAL BASIS. WHEN I SPOKE HERE LAST TIME, COUNCILMEMBER THOMAS ASKED THE CITY MANAGER IF ANYONE HAD TALKED TO ME. THE CITY MANAGER, TOBY FUTRELL IMMEDIATELY DIRECTED HER STAFF TO MEET WITH ME. THEY DID. ALONG WITH MEMBERS OF THE MAYOR'S STAFF. WE HAD A VERY GOOD MEETING. DOWN AT CITY HALL. THEY SAID, WELL, WHAT DO YOU WANT? FIRST OF ALL, WE WANT TO SAVE YOUR SOULS, BUT I DOUBT THAT WE HAVE THAT KIND OF CAPACITY. WE ARE JUST NOT THAT TALENTED [BUZZER SOUNDING]

SECOND OF ALL WE WANT PAIRTY, WE WANT EQUALITY. THERE IS GOING TO BE A MEETING AT THE MILLENNIUM YOUTH ENTERTAINMENT CENTER FOR A TOWN HALL MEETING TO DISCUSS REPARATIONS, WE WOULD LIKE FOR YOU TO COME, JOIN US, APRIL 30TH, 6:00 P.M., THE MILLENNIUM YOUTH ENTERTAINMENT CENTER THE AFRICAN AMERICAN COMMUNITY WILL ADDRESS REPARATIONS WE WELCOME ALL TO JOIN US WHO WISH TO. THANK YOU FOR YOUR TIME.

THANK YOU, MR. EVANS. DR. SYLVIA HERRERA, FOLLOWING DR. HERRERA, IS ROLANDO PINA. DR. HERRERA, WELCOME.

GOOD AFTERNOON, MAYOR AND CITY COUNCIL. MY NAME IS SYLVIA HERRERA, I'M WITH PODER, THE HEALTH COORDINATOR. I WOULD LIKE TO MAKE THE CONNECTION BETWEEN THE SMART GROWTH INITIATIVE THAT THE CITY HAS UNDERTAKEN AND GENTRIFICATION IN EAST AUSTIN. BUT MORE SPECIFICALLY, I WOULD LIKE TO ADDRESS THE WHOLE NEIGHBORHOOD PLANNING PROCESS THAT HAS OCCURRED OR NOT OCCURRED IN MY NEIGHBORHOOD. THAT'S THE GOVALLE AREA. AS YOU MIGHT RECALL, SEVERAL YEARS AGO, THAT NEIGHBORHOOD PLANNING PROCESS WAS INITIATED. OUR PARTICULAR NEIGHBORHOOD REQUESTED A LOT OF MATERIALS OF THE — OF THE PREVIOUS PLANS THAT HAD BEEN — WE HAD PARTICIPATED IN. AND AT SOME POINT OUR NEIGHBORHOOD PLANNING PROCESS WAS STALLED FOR OVER A YEAR. WE HAVE REINITIATED THAT PLAN OR THAT NEIGHBORHOOD MEETINGS FOR THE GOVALLE AND NOW JOHNSTON TERRACE. HOWEVER, I HAVE ATTENDED THE MEETING LAST NIGHT, AND I FEEL NOW THAT IT'S — THAT THE CITY WAITED OVER A YEAR, NOW WE ARE BEING FORCED TO MAKE UP THAT TIME AND IT'S BEING FAST TRACKED ON US. AT THE SAME TIME, WE ARE STILL NOT RECEIVING THAT TYPE OF INFORMATION THAT WE NEED TO COME UP WITH A VISION TO COME UP WITH SOME OF THE RECOMMENDATIONS THAT — THAT OUR NEIGHBORHOOD IS BEING REQUESTED TO MAKE. FOR INSTANCE, WE HAD ASKED THAT STAFF PROVIDE REPORTS TO US ON PROJECTS THAT ARE PROPOSED IN OUR NEIGHBORHOOD. THERE'S BEEN THREE EXAMPLES OF THAT. ONE HAS BEEN THE A.C.C. EAST VIEW CAMPUS HAS HAD AN EXPANSION PROPOSED AS WELL AS THE ELDERLY HOUSING ON THE TRIANGLE OF WEBBERVILLE AL LANES AND PLEASANT VALLEY. WE NEED TO BE UPDATED SO WE CAN CONTINUE TO DISCUSS THOSE PARTICULAR PROPOSED PROJECTS OR PENDING PROJECTS THAT ARE IN OUR NEIGHBORHOOD AS WE — AS WE DISCUSS OUR VISION FOR OUR NEIGHBORHOOD. AND NOT FIND OUT IN A ROUNDABOUT WAY AS WE ARE DISCUSSING THIS. THE OTHER ISSUE HAS BEEN THE FLOODPLAIN THAT A LOT OF PEOPLE HAVE BROUGHT TO OUR ATTENTION THAT WE NEED TO ADDRESS THIS AS APPEAR NEIGHBORHOOD BECAUSE IT REALLY IMPACT OUR PARTICULAR COMMUNITY. AND HOW THAT'S GOING TO BE — INCLUDED IN OUR DISCUSSION FOR THE LAND USE IN OUR NEIGHBORHOOD. THANK YOU.

MAYOR GARCIA: THANK YOU, DR. HERRERA. MR. ROLANDO PINA. FOLLOWING MR. ROLANDO PINA IS JENNIFER GALE. WELCOME, SIR.

THANK YOU, MAYOR, GOOD AFTERNOON, CITY COUNCIL AND CITY MANAGER. MY NAME IS ROLANDO PINA, I LIVE IN SOUTH CENTRAL AUSTIN. I AM HERE TO SPEAK TO YOU ABOUT THE MAY 4TH UPCOMING ELECTION. THERE'S GOING TO BE AN ELECTION OF CITY COUNCIL AISD AND A.C.C. AND WE ARE GOING TO HAVE A FORUM, SOUTH AUSTIN STYLE, AT THE FRONT PORCH AT MY HOUSE. THIS — THIS IS HOSTED BY THE USA COALITION AND SOUTH CENTRAL AUSTIN NEIGHBORHOODS. IT WILL BE A PATRIOTIC FRONT PORCH CANDIDATE FORUM FOR THIS ELECTION. THE DATE IS NEXT THURSDAY. APRIL 25TH, 2002. AT 807 CUMBERLAND ROAD. WE WILL BEGIN TO SIGN IN THE PUBLIC AT 5:00 P.M. IT IS IN SOUTH CENTRAL AUSTIN, IF YOU GO SOUTH, TO SOUTH FIRST, PAST OLTORF, THE NEXT LIGHT IS CUMBERLAND, MAKE A RIGHT THREE BLOCKS IN THE CORNER. ALSO, WE WILL HAVE REPRESENTATIVES OF THE CAMPAIGN FINANCE COMMUNITY AND THE AUSTIN COMMUNITY COLLEGE — COMMUNITY COLLEGE HAS APPOINTED THE SOUTH AUSTIN COMMUNITY ADVISORY COMMITTEE AND IT WILL BE PRESENT TO TAKE — TO TAKE ON SURVEYS FOR THE PROPOSED NEW CAMPUS. IT WILL BE LOCATED ACROSS THE STREET FOR CROCKETT. THAT THE OLD ALBERTSON'S. WILL PRESENT AT THE FORUM WILL BE A DISCUSSION ON THE CITY OF AUSTIN PUBLIC WORKS SOUTH STREET — SOUTH FIRST STREET RECONSTRUCTION AND UTILITY ADJUSTMENT PROJECT. WE WILL HAVE A — IT IS AN INFORMATIONAL FOR THE PUBLIC. IT IS ON A THURSDAY COUNCIL MEETING AND I EITHER TO — I REGRET TO LET THE PEOPLE KNOW THAT ALTHOUGH THE INCUMBENT CANDIDATES MAY OR MAY NOT BE THERE, THEIR SUPPORTERS WILL BE THERE. THERE WILL BE AMPLE OPPORTUNITY FOR THE PUBLIC TO — TO RECOGNIZE THEIR ACCOMPLISHMENTS AND SPECIALLY THE CANDIDATES HAVE DONE, CONTRIBUTED SOUTH AUSTIN. THE DATE OF THIS FORUM IS NEXT THURSDAY, APRIL 25TH. AT THE CORNER OF CUMBERLAND ROAD AND OAK CREST. IT IS A POTLUCK, SO BRING A COVERED DISH AND A — COOL SNACKS TO SHARE. AT 5:00 IS THE HOTTEST — ONE OF THE HOTTEST POINTS OF THE DAY, BUT IT IS A COVERED PORCH AND IT IS A — THERE'S SHADE AND THERE'S A PREVAILING BREEZE. THANK YOU.

MAYOR GARCIA: THANK YOU, MR. PINA.

WYNN: MAYOR, I CAN CONFIRM THAT'S A GREAT FRONT PORCH, PLENTY OF SHADE, BREEZES ARE GREAT UP THERE.

MAYOR GARCIA: A VERY DEMOCRATIC PLACE, RIGHT, MR. PINA.

THAT'S CORRECT, SIR, THANK YOU.

MAYOR GARCIA: THANK YOU. MS. GALE, WELCOME.

CITY MANAGER, LISA GORDON, MAYOR GARCIA, CURRENT INCUMBENT AND FUTURE COUNCIL CANDIDATES, I'M JENNIFER GALE, I'M CANDIDATE RUNNING FOR PLACE 1, AUSTIN CITY COUNCIL. THE — TONIGHT AT THE CARUTH BUILDING IT'S A COUPLE OF BLOCKS ON SIXTH STREET OFF OF LAMAR, YOU CAN SEE ALL OF THE AUSTIN INDEPENDENT SCHOOL DISTRICT BOARD OF TRUSTEES CANDIDATES, YOU CAN LISTEN TO THE CANDIDATES IN THEIR ROOM. I HEAR THEIR VIEWS. THESE ARE THE — THE CURRENT INCUMBENTS? ARE THE ONES THAT KEPT ME FOR RUNNING FOR SCHOOL BOARD, I WOULD LIKE TO HAVE THOSE MEMBERS REMOVED FOR THE AUSTIN INDEPENDENT SCHOOL DISTRICT TRUSTEES. YOU CAN READ ABOUT THEM LEAGUE WV.AUSTIN.TX.US, THE LEAGUE OF WOMEN VOTERS. IT ALSO HAS THE CURRENT COUNCIL CANDIDATES, INCLUDING DARYL SLUSHER, BEVERLY GRIFFITH, YOU CAN LEARN ABOUT THEIR ISSUES AND THEIR PRIORITIES. YOU CAN CONTRAST MY PRIORITIES WITH THEIRS AND SEE WHICH ONES THAT YOU MIGHT LIKE EVEN MORE. THE SECRETARY OF STATE IS ISSUING AN ADVISORY OPINION OFFERING CHOICE FOR THE PEOPLE OF TEXAS. WHERE [INAUDIBLE] HAS A CHARTER THAT ALLOWS FOR IT. WE COULD HAVE OFFERED THE PEOPLE OF AUSTIN A CHOICE ON OUR GOVERNMENT. OUR CITY COUNCIL, THIS CURRENT CITY COUNCIL CHOSE NOT TO DO THAT, EVEN THOUGH I INFORMED THEM WEEKS AHEAD OF TIME THAT THEY COULD DO THAT. YOU ARE BEING DENIED A CHOICE BY OUR AUSTIN CITY COUNCIL. KIRK MITCHELL, CONTINUING TO USE MY CAMPAIGN SLOGAN, LET'S KEEP AUSTIN AUSTIN, EVEN THOUGH I TOLD HIM A WEEK AGO THAT IT WAS MINE. HE SAYS HE DIDN'T KNOW WITH ABOUT IT. HE DOES KNOW ABOUT IT IN THIS ONE, THAT OUGHT TO LET YOU KNOW A LITTLE BIT ABOUT KIRK MITCHELL. PROPOSITION 1 IS UNFAIR TO CANDIDATES. FRED LEWIS IS RIGHT HERE. HE CAN DEBATE THAT WITH ME IF HE LIKES. AUSTIN AGREES THAT IT'S UNFAIR TO FRINGE CANDIDATES, IF IT'S UNFAIR TO CANDIDATES, IT'S UNFAIR TO ALL OF AUSTIN. ALTHOUGH I WANT YOU TO MAKE UP YOUR MIND, IF YOU THINK PROPOSITION 1 IS A GOOD IDEA, GO AHEAD AND VOTE FOR IT, OR ANY OF THE PROPOSITIONS. I AM AGAINST ALL OF THEM EXCEPT NUMBER 7 THAT GIVES MORE POWER TO THE AUSTIN CITY COUNCIL AS A CONSUMER ADVOCATE. I WILL CONTINUE TO GIVE MY CAMPAIGN PLATFORM AND THOSE ARE THE PRIORITIES I'M REFERRING TO. YOU WILL READ THAT ABOUT THAT IN THE LEAGUE OF WOMEN VOTERS GUIDE. PROACTIVE HEALTH CARE, WHICH MEANS DENTAL, PHYSICAL AND EYE EXAM EVERY YEAR. THEN WE NEED MORE AND BETTER EDUCATED POLICE OFFICERS. SO THEY TREAT US WITH RESPECT AND TREAT US WITH DIGNITY. THEY ARE NOT DOING THAT RIGHT NOW. LIGHT RAIL WILL CREATE A NEW YORK CITY OF AUSTIN. I BELIEVE WE SHOULD KEEP AUSTIN AUSTIN. LET'S LOOK NEW YORK CITY, LEAVE THEIR SUBWAY TO THEM. WE HAVE A BEAUTIFUL CITY. LET'S MAINTAIN THAT, THAT'S MY PLATFORM. THANK YOU. [BUZZER SOUNDING]

MAYOR GARCIA: THANK YOU, MS. GALE.

THANK YOU, MAYOR.

MAYOR GARCIA: COUNCIL, THAT'S ALL OF THE SPEAKERS THAT WE HAVE UNDER CITIZENS COMMUNICATIONS, MR. JAMES RIP ROWEN HAD TO LEAVE SO HE WILL BE NOT SPEAKING. AT THIS TIME WE WILL GO TO THE READING OF THE CHANGES AND CORRECTIONS. MS. BROWN.

CLERK BROWN: ON ITEM 27, IF YOU WOULD NOTE THAT HAS BEEN POSTPONED INDEFINITELY. ON ITEM 30, PLEASE ADD THE WORDS AFTER AUSTIN, TEXAS, ADD THE WORDS "FOR SPANISH LANGUAGE INTERPRETER SERVICES FOR DEFENDANTS AND WITNESSES FOR THE MUNICIPAL COURT." THE TIME CERTAIN ITEMS: 4:00 P.M., ARE ZONING ITEMS; 5:30 P.M., LIVE MUSIC AND PROCLAMATIONS; 6:00 P.M. OUR PEOPLE HEARINGS, ITEMS 45 THROUGH 49. THE ITEMS THAT WE KNOW HAVE —

MAYOR GARCIA: 49 HAS BEEN POSTPONED. CORRECT?

CLERK BROWN: THAT'S CORRECT. ALSO Z-1. WE ARE GOING TO PUT ON THE CONSENT AGENDA BOTH OF THOSE POSTPONEMENTS.

MAYOR GARCIA: OKAY. THANK YOU. THE NEXT ITEM IS THE PREVIEW OF ITEMS FOR THE NEXT COUNCIL MEETING, MS. CITY MANAGER DO YOU HAVE ANYTHING? COUNCILMEMBER ALVAREZ, YOU HAD ONE ITEM THAT YOU AND I ARE GOING TO PUT ON.

ALVAREZ: YES, MAYOR. I JUST WANTED TO INFORM THE COUNCIL THAT MYSELF AND THE MAYOR AND COUNCILMEMBER THOMAS ARE GOING TO BRING FORWARD AN ITEM TO — TO DIRECTING STAFF TO — TO COME UP WITH A PLAN FOR — FOR THE DEMOLITION OF THE FUEL TANKS AT THE HOLLY STREET POWER PLANT. THEY HAVE ALREADY BEEN EMPTIED. SO — SO WE WANTED TO JUST DIRECT OUR ELECTRIC UTILITY TO GO AHEAD AND START PLANNING FOR THEIR REMOVAL AND ALSO START PLANNING FOR — FOR THE UTILIZATION OF THAT — OF THAT PARTICULAR SPACE ONCE THE — ONCE THAT OCCURS, THERE'S BEEN SOME PROBLEMS THERE AROUND THE BALL FIELDS IN TERMS OF PARKING AND CONGESTION AND SO THERE MAY BE A WAY OF ADDRESSING SOME OF THOSE ISSUES. SO — SO — SO THAT'S — THAT WILL BE ON THE AGENDA NEXT WEEK.

MAYOR GARCIA: OKAY. ANYBODY ELSE HAVE ANY ITEMS THAT WILL BE COMING UP IN THE FUTURE COUNCIL AGENDAS, NEXT COUNCIL — NEXT CITY COUNCIL MEETING?

GOODMAN: MAYOR?

MAYOR GARCIA: MAYOR PRO TEM?

GOODMAN: IT MAY BE ON NEXT COUNCIL MEETING, WE MAY BE READY, THAT'S A RESOLUTION ABOUT REPUBLIC SQUARE AND THE TEXAS COMMISSION FOR THE ARTS.

MAYOR GARCIA: OKAY. ANYBODY ELSE? OKAY. THE NEXT ITEM ON THE AGENDA IS THE READING OF THE CONSENT AGENDA. I'M GOING TO CALL ON MS. BROWN TO READ THAT.

CLERK BROWN: THE ITEMS THAT I KNOW TO BE ON THE CONSENT AGENDA AT THIS TIME: STARTING WITH ITEM 14, 15, 16, 17, 18, 19, 20, 21, 22, 23,25, 26, 27, AS A POSTPONEMENT INDEFINITELY, 28, 29, 30 WITH THE CHANGES THAT WE READ PREVIOUSLY, 31, 32, 33, 34 ARE BOARDS AND COMMISSIONS APPOINTMENTS, THEY ARE AS FOLLOWS: CHILD CARE COUNCIL, DAN GARCIA, REAPPOINTMENT, COUNCILMEMBER ALVAREZ. DOWNTOWN COMMISSION, DARYL PIERCE, APPOINTMENT, CONSENSUS. ETHICS REVIEW COMMISSION, PLEASE NOTE THAT THIS IS A NOMINATION ONLY WITH THE APPOINTMENT TO BE NEXT WEEK, JENNIFER PISKI. IN JOHNSON, THIS IS THE MAYOR'S NOMINATION. W.B. — EXCUSE ME, M.B.E. W.B.E. ADVISORY COMMITTEE, CHARESE PHILLIPS, APPOINTMENT, CONSENSUS. URBAN FORESTRY BOARD, DAVID KATER APPOINTMENT, COUNCILMEMBER SLUSHER.

MAYOR GARCIA: AND AS FAR AS THE NOMINATION OF MS. JOHNSON, THE NOMINATION AND THE CONFIRMATION HAD TO OCCUR IN TWO SEPARATE COUNCIL MEETINGS, SO THIS IS A NOMINATION, IN A FUTURE COUNCIL MEETING WE WILL HAVE THE ACTUAL CONFIRMATION.

CLERK BROWN: ITEM 35, 38, 39, 40, 41, 42, THEN WE WANT TO ALSO PUT ON THE CONSENT, MAKE NOTE OF THE FACT THAT Z-1 WILL BE POSTPONED AS REQUESTED BY STAFF TO MAY 23, 2000 AT 4:00 P.M. —

MAYOR GARCIA: THAT WILL BE ANNOUNCED AGAIN AT 4:00 P.M.

CLERK BROWN: YES, SIR. THE SAME IS TRUE WITH 49, THAT WILL BE ANNOUNCED AGAIN AT 6:00 P.M. THE PUBLIC HEARING ON — ON ITEM 49 FOR HARRIS BRANCH WILL BE POSTPONED AS REQUESTED BY STAFF TO MAY 23RD, 2002, AT 6:00 P.M. THOSE ARE ALL OF THE ITEMS THAT I HAVE.

MAYOR GARCIA: OKAY. ITEM 43 AND 44 ARE PUBLIC HEARINGS. AND THEN ITEMS 45 THROUGH 49 ARE ALSO PUBLIC HEARINGS. WE HAVE A FEW PEOPLE THAT HAVE SIGNED UP TO SPEAK ON THE ITEMS AND I WILL READ THAT INTO THE RECORDS. ON ITEMS 31 THROUGH 33, TOMMY EDEN. WELCOME, SIR TOO THANK YOU, MAYOR GARCIA AND COUNCILMEMBERS, MY NAME IS TOMMY EDEN, REGARDING ITEMS 31 TO 33, MY MAIN CONCERN IS THAT WE ARE GOING TO BE SPENDING MONEY WHEN THERE'S NOT A WHOLE LOT OF MONEY AVAILABLE ON — ON A HIGHWAY THAT'S NOT GOING TO PROVIDE ALTERNATIVE TRANSPORTATION. I DO NOT SUPPORT THIS EXPENDITURE. BUT IT LOOKS LIKE YOU ARE GOING TO SPEND IT ANYWAY. SO IF YOU ARE GOING TO BE SPENDING MONEY, $15 MILLION ON SH 130, WOULD YOU PLEASE PASS A RESOLUTION RECOMMENDING, AS YOU DID WITH U.S. 183, THAT — THAT SH 130 SHOULD HAVE FACILITIES FOR BICYCLISTS AND FOR PEDESTRIANS. THANK YOU. [ APPLAUSE ]

MAYOR GARCIA: THANK YOU, MR. EDEN, DO YOU WANT TO SPEAK NOW ON ITEM 39.

I CAN DO THAT.

MAYOR GARCIA: I WILL RECOGNIZE YOU FOR THAT.

I AM ON THE URBAN TRANSPORTATION COMMISSION. I'M THE CHAIR OF THE PEDESTRIAN AND BICYCLE SUBCOMMITTEE. MY SUBCOMMITTEE INITIATED THE PROPOSAL TO INCLUDE FACILITIES FOR PEOPLE WHO WALK AND FACILITIES FOR PEOPLE WHO RIDE BICYCLES. WHENEVER CITY FUNDS ARE USED TO RECONSTRUCT STREETS. THIS POLICY IS NOTHING SHORT OF REVOLUTIONARY. WITH THIS POLICY, CONSTRUCTION OF SIDEWALKS AND BIKE WAYS WILL BECOME PRACTICALLY ARE YOU........ ROUTINE. BIKEWAYS WILL START APPEARING ALL OVER AUSTIN. THANK YOU, SPECIALLY TO COUNCILMEMBER THOMAS AND MAYOR GARCIA FOR YOUR SUPPORT. REGARDING BICYCLING ON SIDEWALKS, THE CURRENT ORDINANCE IS SO VAGUE THAT IT COULD BE INTERPRETED VERY BROADLY. I ONCE GOT A TICKET FOR BICYCLING ON A SIDEWALK ON GUADALUPE AT 44TH STREET. I DON'T THINK THIS WAS WHAT THE CITY COUNCIL OF 1970 SOMETHING OR ANOTHER INTENDED WHEN THEY SAID BICYCLING SHOULD BE PROHIBITED IN A BUSINESS DISTRICT. THE INSURANCE COMPANIES HAVE RECENTLY CAPITALIZED ON THE VAGUENESS OF OUR ORDINANCE BY REFUSING TO PAY DAMAGES TO CYCLISTS WHO HAVE BEEN HIT WHEN — WHEN A CAR WAS GOING INTO A DRIVEWAY BECAUSE THE BICYCLIST WAS RIDING ON A SIDEWALK. THIS COULD BE ANYWHERE IN TOWN PRACTICALLY. WAY UP NORTH LAMAR, BURNET ROAD, KOENIG LANE, ANYWHERE WHERE THE INSURANCE COMPANY REPRESENTATIVE MAY SUGGEST THAT IT MIGHT BE A BUSINESS DISTRICT, THEY ARE REFUSE G TO PAY DAMAGE TO — REFUSING TO PAY DAMAGE TO PSYCH EXISTS WHO ARE HIT. THIS IS THE — CYCLISTS WHO ARE HIT. THIS I SEE THE MAIN IMPETUS, I APPRECIATE YOUR SUPPORT.

MAYOR GARCIA: THANK YOU, CELIA MULDER. YOU CAN CORRECT ME ON THE PRONUNCIATION.

THANK YOU, THANK YOU MAYOR GARCIA AND COUNCILMEMBERS. I'M CELIA MULDER, I'M A CYCLING COMMUTER. I'M ALSO ON THE LEGISLATIVE BOARD OF THE AUSTIN CYCLING ASSOCIATION. DURING MY COMMUTE, WHICH TAKES ME DOWN LAMAR AND SOMETIMES INTO SOME PART OF DOWNTOWN, FOR MY OWN PERSONAL SAFETY, I FEEL THE NEED TO GET ON TO A SIDEWALK TO AVOID VERY HIGH TRAFFIC SITUATIONS. AND I WOULD SIMPLY LIKE TO BE ABLE TO DO SO LEGALLY. THAT'S ALL. THANK YOU.

MAYOR GARCIA: THANK YOU, VERY MUCH, MS. MULDER, COUNCIL, THOSE ARE ALL OF THE SPEAKERS THAT WE HAVE ON — ON — JUST A SECOND. NO, THOSE ARE NOT ALL OF THE SPEAKERS. TOMMY ED DEN ON ITEM NO. 40.

I SPOKE ON THAT.

JIM WALKER, DOES NOT WISH TO SPEAK BUT HE IS FOR ITEM 40. AND DO YOU WANT TO SPEAK ON ITEM 40? MS. MULDER?

THANK YOU, AGAIN, MAYOR GARCIA AND COUNCILMEMBERS. THE — I FEEL THAT THE APPROVAL OF THIS RESOLUTION, NUMBER 40, WOULD BE CRUCIAL FOR THE FURTHER DEVELOPMENT OF AUSTIN AS A CYCLING FRIENDLY CITY, WHICH I FEEL WOULD BE VERY IMPORTANT TO REDUCING TRAFFIC CONGESTION AND I BELIEVE POLLUTION AS THE POPULATION OF AUSTIN CONTINUES TO EXPAND EXPONENTIALLY. I FEEL LIKE WE NEED TO CONTINUE TO IMPROVE THE CYCLING ATMOSPHERE OF THE CITY. THANK YOU.

MAYOR GARCIA: THANK YOU, MS. MULDER. [ APPLAUSE ]

MAYOR GARCIA: COUNCIL, THOSE ARE ALL OF THE SPEAKERS THAT WE HAVE ON THE CONSENT AGENDA. I WILL ENTERTAIN A MOTION TO APPROVE THE CONSENT AGENDA.

GOODMAN: MAYOR, BEFORE WE DO —

MAYOR GARCIA: MAYOR PRO TEM?

GOODMAN: WOULD YOU LET ME ASK MR. EDEN ONE QUESTION.

MAYOR GARCIA: MR. EDEN, THE MAYOR PRO TEM HAS A QUESTION FOR YOU.

GOODMAN: THANKS, BECAUSE I WASN'T SURE ABOUT NUMBER 39 AND WHAT THE IMPACT WAS GOING TO BE. THERE ARE A COUPLE OF BLOCKS THAT I — THAT I KEPT FESHTING TO GO CHECK OUT, BUT SO IS THIS — I KEPT FORGETTING TO GO CHECK OUT. THIS IS THIS MADE ON THE ASSUMPTIONS THAT WILL BE TRAFFIC IMPROVEMENTS OR TRAFFIC STUDIES THAT WILL ENHANCE THE SAFETY OF BIKISTS IN ALL OF THESE AREAS — BICYCLISTS IN ALL OF THESE AREAS SO THEY WON'T HAVE TO BE OUT IN TRAFFIC?

I WOULD LIKE TO THINK SO, BUT THAT WAS NOT PART OF OUR DISCUSSION. THE REASON THAT THESE PARTICULAR STREETS WERE CHOSEN WAS BECAUSE THEY ARE HIGH PEDESTRIAN AREAS. PARTICULARLY THE DRAG AND WEST SIXTH STREET. THE REST OF THEM ARE ALL ON DOWNTOWN STREETS. AND — AND NO — WE DON'T KNOW THAT THERE ARE GOING TO BE BIKE LANES ON ALL OF THESE STREETS. BUT WHAT WE HAVE PROPOSED IS MUCH BETTER THAN WHAT WE HAVE RIGHT NOW, WHICH IS BICYCLISTS ARE PROHIBITED ON SIDEWALKS IN ANY BUSINESS DISTRICT AND NOBODY — THERE'S NO DEFINITION OF A BUSINESS DISTRICT.

GOODMAN: OKAY. I THINK THEN WHAT I MAY DO IS ASK CITY STAFF, WAS AND HE EVALUATE THE VARIOUS POSSIBILITY STUDIES AND GREAT STREET RECOMMENDATIONS ALONG WITH THE CIP'S AND MANY OTHER PROJECTS — ANY OTHER PROJECT FOR TRAFFIC CALMING OR TRAFFIC SYSTEM MANAGEMENT, TRANSPORTATION SYSTEM MANAGEMENT, SORRY, THAT WE OVERLAY ALL OF THESE, INCLUDING THOSE BLOCKS LAID OUT IN THIS ORDINANCE TO FIND OUT IF WE ARE ACTUALLY GOING TO CONSIDER THE ACCOMMODATION THAT BICYCLISTS WILL NEED TO SAFELY TRAVEL.

THANK YOU.

GOODMAN: OKAY. THANKS. THANK YOU, MAYOR. I DON'T THINK TOBY HEARD THAT, BUT SOMEBODY IS TAKING NOTES I'M SURE.

MAYOR GARCIA: COUNCILMEMBER SLUSHER? I WILL RECOGNIZE COUNCILMEMBER THOMAS FOR AN AMENDMENT ON ITEM NO. 40.

SLUSHER: ACTUALLY, MINE IS 39. SO ARE WE GOING — I'M ASSUMING WE ARE GOING TO PUT SIGNS ON THE STREETS WHERE — WHERE THE BICYCLE — RIDING ON SIDEWALKS WILL BE PROHIBITED? BECAUSE IT IS — IT IS JUST CERTAIN STREETS, IT NOT ONE GENERAL AREA.

MAYOR GARCIA: COUNCILMEMBER, THERE'S — MR. AUSTEN LIBRACH.

COUNCILMEMBER, I THINK OUR INTENT AT THIS POINT WOULD BE TO SIT DOWN WITH THE POLICE DEPARTMENT AND TALK ABOUT ENFORCEMENT OF THIS WITHOUT THE NEED FOR SIGNS. IF THEY FEEL LIKE THAT'S NECESSARY, I THINK WE WOULD MOVE IN THAT DIRECTION, BUT WE WOULD — I THINK INITIALLY AT LEAST PREFER TO DO IT WITHOUT SIGNS. THIS IS AN ORDINANCE THAT'S BEEN IN PLACE FOR QUITE SOME TIME. AND THE — THE PROBLEM HAS BEEN THE LACK OF DEFINITION OF CENTRAL BUSINESS DISTRICT VERSUS A BUSINESS DISTRICT AND I THINK THAT — I THINK WE CAN DO IT WITHOUT ADDITIONAL SIGNS, UNLESS THAT'S THE DESIRE OF THE COUNCIL.

SLUSHER: WELL, I'M WILLING TO LET YOU ALL WORK IT OUT. BUT AS LONG AS IT WORKS. IT JUST SEEMS LIKE THAT IT'S ASKING BICYCLISTS TO KNOW EXACTLY ALL OF THESE STREETS. I MEAN, IT'S CLEAR THAT WE ARE TALKING ABOUT DOWNTOWN, ON THE — ON CONGRESS AND THE STREET ON EACH SIDE RUNNING NORTH AND SIDE. BUT EVEN THERE THERE'S SOME STREETS WHERE THEY CAN RIDE ALONG THE SIDEWALK AND OTHERS WHERE THEY CAN'T. THAT SEEMS LIKE WE ARE ASKING THE CYCLISTS TO KNOW QUITE A BIT. I GUESS THE ONES THAT ARE DOWN THERE ALL THE TIME WOULD UNDERSTAND THAT. BUT ALSO YOU TALKED TO THE POLICE DEPARTMENT ABOUT THIS BEFOREHAND? I MEAN I KNOW ITS A — IT'S AN ITEM FOR COUNCIL, BUT HAVE YOU ALL HAD DISCUSSIONS WITH THEM YET?

I DON'T BELIEVE WE HAVE. I DON'T BELIEVE WE'VE HAD AN OPPORTUNITY TO DISCUSS IT WITH THEM.

WHAT ABOUT THE SPONSOR, DID THE POLICE OFFER ANY COMMENT ON THIS AT ALL? [ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS]

SLUSHER: OKAY. I UNDERSTAND. I MEAN, I THINK EFERL IT'S A GOOD THING, JUST LIKE — SO YOU ARE GOING TO GET TOGETHER NOW AND WORK OUT HOW YOU'RE GOING TO NOTIFY FOLKS ABOUT THIS CHANGE?

AND WE COULD ALSO FOLLOW UP WITH YOU AND SEND THEM ON TO COUNCIL TELLING YOU WHAT OUR PLANS ON, MAYBE NOTICING BUSINESSES UP AND DOWN THE CURRENT STREET, SIGNS BEING POSTED, A VARIETY OF DIFFERENT THINGS THAT WE COULD DO.

SLUSHER: OKAY. I APPRECIATE IT. I UNDERSTAND IT'S ITEMS FOR COUNCIL, NOT OF STAFF. OKAY. THANK YOU.

MAYOR GARCIA: AND COUNCILMEMBER THOMAS, ON ITEM NUMBER 40, I THINK THAT THE MEMORANDUM FROM RUDY GARZA, THE BUDGET OFFICER, WITH REGARD TO THE FISCAL IMPACT OF THIS ONE, I THINK YOU WANTED TO TALK ABOUT THE FACT THAT THIS WOULD APPLY TO FUTURE PROJECTS WITH POSSIBLE FUTURE FUNDS?

THOMAS: RIGHT. I NEEDED TO ASK — HE CAN SPEAK ON IT, BUT I NEEDED TO ASK IF IT WAS NEW BOND CONSTRUCTION PROJECTS AND OPPOSED TO CURRENT. I JUST NEED TO ASK FOR THE FUTURE BOND PROJECTS.

SO THAT BY MAKING THAT CLARIFICATION THAT THIS WOULD APPLY TO FUTURE BOND COLLARS DOLLARS, THEN WHAT WE WOULD BE DOING, THE FISCAL NOTICE ONLY INTENDED IF YOU'RE USING THE REMAINING CURRENT BOND DOLLARS. WE WERE LETTING YOU KNOW THAT THERE WOULD BE A TRADE OFF BETWEEN QUANTITY AND QUALITY OF WHAT WE DO WITH THE REMAINING BOND DOLLARS. WITH THE CLARIFICATION FOR NEW BOND DOLLARS, THEN THAT WOULD BE PUT INTO OUR ESTIMATES AND PUT ON THE BOND PACKAGE AND THEN THERE WOULD NOT BE A FISCAL SHORTFALL ON IMPLEMENTING THIS.

GOODMAN: MAYOR, DO YOU MIND IF I FOLLOW UP ON YOUR — ON TOBY'S LAST COMMENT? I'M GOING TO ANYWAY. [ LAUGHTER ] ON THE 1:30 ITEM, DOES ANYBODY HAVE LIKE A NUTSHELL VERSION TO MAKE SURE WE KNOW WHAT KIND OF PERCENTAGE, IF ANY, TXDOT OR FEDERAL DOLLARS ALLOCATE — FEDERAL ENTITIES ALLOCATE FOR THOSE KIND OF JOINT PARTNERSHIPS PROJECTS?

AWS TAN, CAN YOU HELP WITH THAT?

I MIGHT BE ABLE TO. IS THE QUESTION WHAT PERCENT OF DOLLARS MIGHT GO FOR SIDEWALKS FOR SAIT HIGHWAY 130? IT'S A NEW KIND OF TOLL ROAD AND I DON'T KNOW THAT AT THIS POINT THAT I CAN TELL YOU WHAT THEY'VE INTENDED TO DESIGN WITH RESPECT TO SIDEWALKS AND BICYCLE FACILITIES IN THIS TOLL ROAD. WE CAN FIND OUT. BUT SINCE IT'S SO NEW, I DON'T THINK THEY'VE EVER EVEN GOTTEN TO THAT POINT TO DECIDE THAT. WE WILL FIND OUT AND LET YOU KNOW.

MAYOR GARCIA: ONE THING ABOUT SH130, IS EVEN THOUGH IT'S A BRAND NEW PROJECT, IT'S ON THE FAST TRACK. FLUOR DANIEL HAS BEEN SELECTED BY TXDOT TO BUILD — DESIGN AND BUILD THAT, AND THEY THINK THAT THEY CAN FINISH IT IN LESS THAN SEVEN YEARS, ALL THE WAY FROM GEORGETOWN TO SEGUIN, BUT IT'S ON A VERY FAST TRACK AND I THINK THE ISSUE — IF THE ISSUE IS BICYCLES, WE NEED TO TALK TO THEM AS SOON AS POSSIBLE BECAUSE I THINK THEY'RE ON THE TRACK RIGHT NOW AND THE COMMITMENT OF THE TEXAS TRANSPORTATION COMMISSION HAS BEEN TO BUILD THAT VERY FAST. I THINK IT'S PROBABLY A ONE BILLION DOLLAR PROJECT. THE CITY IS PUTTING IN 15 MILLION, TRAVIS COUNTY IS PUTTING 90 MILLION, WILLIAMSON COUNTY IS PUTTING 30 —

THE TOTAL WAS 150 MILLION.

FROM THE LOCAL SOURCES, THAT'S CORRECT.

OF WHICH OURS WAS 15 MILLION.

40 FROM WILLIAMSON, 90 FROM TRAVIS AND 15 FROM US. AND THEN THE REST COMES FROM CAPITALIZATION OF THE TOLLWAY RESIDENTS. A BIG MASSIVE PROJECT. AND I THINK WE'VE COMMUNICATED TO THEM THAT WE WANT BICYCLE AND PEDESTRIAN, BUT I DON'T THINK THEY'VE MADE A COMMITMENT TO THAT.

I CAN TELL YOU COUNCILMEMBERS THAT TYPICALLY THE STATE THESE DAYS PROVIDES IN THE DESIGN FOR ENOUGH RIGHT-OF-WAY FOR SIDEWALKS AND BICYCLE LANES, BUT THEY DON'T TIP FLY FUND IT. THEY LOOK TO THE LOCALS FOR THE FUNDING FOR THAT. AND I THINK ON THIS PARTICULAR ROADWAY THERE PERHAPS WOULD NEED TO BE THAT KIND OF DISCUSSION AND NEGOTIATION AS WELL AS ANY OTHERS. THEY ARE NOT TIP CLI — TYPICALLY PROVIDING FOR THE CONSTRUCTION ITSELF OF THE SIDEWALKS.

GOODMAN: MAYOR, THEN I WOULD ASK THAT WE CONSIDER HAVING THAT DISCUSSION. SINCE TOLL ROADS THEMSELVES ARE A NEW CONCEPT FOR TEXAS, WHY DON'T WE TALK TO THE OTHER —

MAYOR GARCIA: YOU MEAN FOR AUSTIN. I MISSPOKE, FLUOR DANIEL IS ONE OF 15 SUBCONTRACTORS. LONE STAR IS THE PRIME CONTRACTOR, AND I DON'T KNOW EXACTLY WHAT THAT FIRM IS, WHO OWNS THAT OR WHETHER IT'S A LOCAL FIRM.

I CAN'T GIVE YOU ANY INFORMATION ON THAT, MAYOR.

MAYOR GARCIA: COUNCILMEMBER THOMAS, ON ITEM NUMBER 40?

THOMAS: YES, SIR. I JUST NEEDED THE WORDING CHANGED.

COUNCILMEMBER, IF YOU COULD JUST REREAD THE SENTENCE AGAIN. I BELIEVE YOU JUST ADDED —

THOMAS: I JUST ADDED RIGHT THERE WHERE IT SAYS THE COUNCIL ADOPT THE POLICY AND THE CITY COUNCIL AND THE THE CITY MANAGER FOR THE ROAD, INCLUDING THE GREATER AUSTIN PROJECT AND THE CITY BOND PROJECTS FOR FUTURE BOND PROJECTS.

MAYOR GARCIA: OKAY. MS. BROWN, DO YOU HAVE THAT WORDING? OKAY.

GOODMAN: AND MAYOR, ONE LAST THING.

MAYOR GARCIA: MAYOR PRO TEM.

GOODMAN: THE REASON I WAS ASKING ABOUT ALL THAT ON A CONSENT ITEM IS BECAUSE IT SUDDENLY OCCURRED TO ME THAT MAYBE WE COULDN'T DO THE TOUR DE FRANCE, BUT IF WE HAD A BIKE ROUTE LAID OUT SAFELY THAT ACTUALLY WAS DESIGNED FOR SAFE RIDING, THEYOULD POTENTIALLY LOOK TO SOME KIND OF BICYCLE EVENT FOR AUSTIN.

MAYOR GARCIA: WE HAVE SPOKEN TO THAT ISSUE AT COUNCIL, BUT I DON'T THINK THERE'S BEEN ANY COMMITMENT ON THE PART OF THE TEXAS TRANSPORTATION COMMISSION OR THE TEXAS TURNPIKE AUTHORITY ON THAT ISSUE. OKAY. IS THERE A MOTION ON THE CONSENT AGENDA?

THOMAS: SO MOVE.

MAYOR GARCIA: MOTION BY COUNCILMEMBER THOMAS WITH THE AMENDMENTS THAT HAVE BEEN READ INTO THE RECORD. AND ALSO THE APPOINTMENTS THAT HAVE BEEN READ INTO THE RECORD BY MS. BROWN, THE CITY CLERK. IS THERE A SECOND?

GRIFFITH: SECOND.

MAYOR GARCIA: SECONDED BY COUNCILMEMBER GRIFFITH. DISCUSSION? FURTHER DISCUSSION? LET ME READ AGAIN INTO THE RECORD THE CONSENT ITEMS. ITEM 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27 FOR POSTPONEMENT INDEFINITELY, 28, 29, 30, 31, 3233, 34 WITH THE APPOINTMENTS READ INTO THE RECORD BY MS. BROWN, 35, 38, 39, 40. AND I GUESS 39 WITH THE UNDERSTANDING THAT THERE WILL BE SOME DISCUSSION WITH THE POLICE DEPARTMENT ON ENFORCEMENT. 40 WITH THE AMENDMENT READ INTO THE RECORD BY COUNCILMEMBER THOMAS. 41 AND 42. ALL THOSE IN FAVOR OF THE MOTION SIGNIFY BY SAYING AYE.

AYE.

MAYOR GARCIA: OPPOSED NO. MOTION CARRIES ON A VOTE OF SEVEN TO ZERO. THE DISCUSSION ITEMS THAT HAVE BEEN PULLED FOR DISCUSSION ARE ITEMS 24 BY COUNCILMEMBER WYNN AND ALSO 36 AND 37. THIS IS A WYNN DAY TODAY. SO LET ME RECOGNIZE COUNCILMEMBER WYNN.

WYNN: THANK YOU, MAYOR. ITEM 24 SHOULDN'T TAKE LONG. I APPRECIATE MR. RHODES AND OTHERS HANGING AROUND. 24, AS I UNDERSTAND IT, MR. RHODES, IS THE FIVE-YEAR SERVICE AGREEMENT FOR SOLID WASTE SERVICES AND A PORTION OF SOME OF THE RELATIVELY NEWLY ANNEXED AREAS. AND I KNOW THAT THERE WAS SOME DEBATE AT THE SOLID WASTE ADVISORY COMMISSION REGARDING THIS CONTRACT AND THE COMMISSION ACTUALLY ENDED UP ENDORSING ONLY A ONE-YEAR EXTENSION, NOT THE FULL FIVE YEARS. CAN YOU BRIEFLY WALK US THROUGH THE ISSUES INVOLVED?

OKAY. THERE'S A SLIGHT ERROR IN WHAT WE HAVE HERE AND WHAT THE SOLID WASTE COMMISSION VOTED ON. THE ITEM THAT YOU HAVE BEFORE YOU IS AN IMPROVEMENT AND EXECUTION TO THE FIVE-YEAR CONTRACT AND INCREASING THE DOLLAR AMOUNT BY AN AMOUNT NOT TO EXCEED 141,000 DOLLARS. WHAT THE SOLID WASTE ADVISORY COMMITTEE, THEY VOTED FOR THE INCREASE IN THE CONTRACT TO EXTEND THIS CONTRACT SO IT GOES THROUGH THE LIFE OF THE CONTRACT, WHICH WILL BE FEBRUARY 2003. WHAT THE SOLID WASTE ADVISORY COMMITTEE DID NOT APPROVE WAS THE RECOMMENDED EXTENSION OPTION THAT WAS THERE OF TWO 12-MONTH EXTENSION OPTIONS FOR THIS CONTRACT. SO THE CONTRACT IS ALIVE TODAY. IF YOU APPROVE THE INCREASE TODAY, IT WOULD EXTEND TO FEBRUARY OF 2003. WE WOULD HAVE TWO 12-MONTH OPTIONS FOR EXTENSION OF THAT CONTRACT THAT'S ALSO UP FOR COUNCIL'S CONSIDERATION TODAY.

WYNN: BUT AGAIN, THE OPTION ON THESE EXTENSIONS, THE CITY'S OPTION, CORRECT?

CORRECT.

WYNN: FOR WHATEVER REASON YOU AND YOUR DEPARTMENT AREN'T SATISFIED WITH THE SERVICE OR THEY HAVE SIGNIFICANT FEEDBACK FROM CITIZENS IN THOSE RECENTLY ANNEXED AREAS ABOUT THE SERVICE, THEN WE ESSENTIALLY HAVE THE LEVERAGE AFTER THIS ONE YEAR TO ENFORCE COMPLIANCE AND CHANGE OPERATING PROCEDURES, ETCETERA, BEFORE WE WOULD THEN OPT TO EXECUTE THE CONTRACT EXTENSIONS?

THAT'S CORRECT, COUNCILMEMBER.

WYNN: MAYOR, BASED ON THAT, I'LL MOVE APPROVAL OF 24.

MAYOR GARCIA: MOTION BY COUNCILMEMBER WYNN TO APPROVE ITEM 24. IS WILL A SECOND? SECONDED BY COUNCILMEMBER THOMAS. DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

MAYOR GARCIA: OPPOSED NO. MOTION CARRIES ON A VOTE OF SEVEN TO ZERO. NOW WE WILL GO TO ITEM NUMBER 36. AND ITEM NUMBER 36 IS AN ITEM FROM COUNCIL. IT'S A DISCUSSION AND POSSIBLE ACTION, INCLUDING AN AMENDMENT TO THE FISCAL YEAR 2001-2002 OPERATING BUDGET, ORDINANCE NUMBER 010910-01 REGARDING AN APPROPRIATION TO FUND THE CITIZEN'S INITIATIVE CAMPAIGN FINANCE CHARTER AMENDMENT, PROPOSITION 1, IF THE AMENDMENT IS APPROVED BY THE VOTERS ON MAY THE FOURTH, 2002. THIS ITEM WAS PLACED ON THE AGENDA BY COUNCILMEMBER WYNN AND MAYOR GUS GARCIA. AND I'LL RECOGNIZE COUNCILMEMBER WYNN FOR PRESENTATION.

WYNN: THANK YOU, MAYOR. I'LL SAY THIS. I'M NOT EXCITED ABOUT BRINGING THIS ITEM FROM COUNCIL FORWARD, BUT I THINK SORT OF GOOD GOVERNMENT DEMANDS THAT WE HAVE THIS DISCUSSION BECAUSE THE PROPOSITION 1 ORDINANCE THAT WILL BE BEFORE THE VOTERS SATURDAY, MAY 4TH, INCLUDES THE LANGUAGE THAT THE COUNCIL — QUOTE, THE COUNCIL SHALL IMMEDIATELY APPROPRIATE SAID FUNDS UPON THE EFFECTIVE DATE OF THIS ACT, UNQUOTE. THAT EFFECTIVE DATE OF THE ACT, SHOULD THIS PASS, WOULD BE APPROXIMATELY THE WEDNESDAY OR SO AFTER THE ELECTION WHEN WE CANVASS — OFFICIALLY CANVASS THE RESULTS. WE ONLY HAVE — WE HAVE TODAY AND ONE OTHER COUNCIL MEETING BEFORE THEN IN WHICH WE WOULD HAVE TO IMMEDIATELY APPROPRIATE SAID FUNDS. SO THERE'S BEEN A FAIR AMOUNT OF DISCUSSION IN THE LAST COUPLE OF DAYS ABOUT ME BRINGING THIS ITEM FORWARD. THERE'S A SIGNIFICANT NUMBER OF E-MAILS FLYING AROUND TOWN THAT ACME OF TRYING TO USE SCARE TACTICS BY USING THE TERM IMMEDIATELY. I'M SIMPLY READING THE — I READ THE ORDINANCE. PERHAPS READING THE ORDINANCE IS A SCARE TACTIC, BUT IN READING THE ORDINANCE THE LANGUAGE CLEARLY SAYS THAT WE SHALL IMMEDIATELY APPROPRIATE. IT DOESN'T SAY WE SHALL APPROPRIATE AT SOME POINT PRIOR TO THE NEXT MUNICIPAL ELECTION OR IT DOESN'T SAY THAT WE SHALL FUND AT SOME POINT DURING THE UPCOMING ANNUAL BUDGET DELIBERATIONS. IT SAYS WE SHALL IMMEDIATELY APPROPRIATE SAID FUNDS UPON THE EFFECTIVE DATE OF THIS ACT. AGAIN, THERE BEING ONE COUNCIL MEETING AFTER THIS BETWEEN NOW AND SHOULD IT PASS, THE EFFECTIVE DATE OF THAT ACT. SO GOOD GOVERNMENT SAYS WE NEED TO HAVE THE COUNCIL DEBATE ABOUT HOW WE'RE GOING TO FUND SOMETHING THAT IS IN THREE WEEKS TIME WITH ONLY ONE COUNCIL MEETING TO GO? NOW, THAT BEGS THE OBVIOUS QUESTION WHAT SHOULD BE THE FUNDING AMOUNT? AND I WANT TO THANK THE CITY MANAGER AND HER STAFF FOR TRYING TO ANALYZE THE ORDINANCE AND TRYING TO COME UP WITH AN ESTIMATE AS TO HOW MUCH IN FACT WE SHOULD FUND. AND I KNOW THAT THERE'S GOOD, HONEST DEBATE ABOUT WHAT THAT AMOUNT NEEDS TO BE. THE ORDINANCE ITSELF YOU REMEMBER PLACES A MAXIMUM FIGURE OF THIS ACT AT ONE-QUARTER OF ONE PERCENT OF THE CITY'S BUDGET. I'M TOLD THAT WORKS OUT TO BE FOUR MILLION AND CHANGE. I THINK THE AUTHORS AND THE MANY SUPPORTERS OF THIS ORDINANCE SUGGEST THAT IT SHOULD BE FAR LESS THAN THAT. YOU KNOW, I'VE HEARD 600,000, I'VE HEARD 1.6 MILLION. SO SIGNIFICANTLY LESS THAN THE MAXIMUM ALLOCATED PER THE ORDINANCE. OF COURSE, THAT BEGS THE QUESTION AS TO WHY HAVE THAT BIG A MAXIMUM IN THE ORDINANCE IF IT'S GOING TO BE LESS THAN THAT? BUT — SO CITY STAFF SPENT A LOT OF TIME AND EFFORT AND I THINK THEY TOOK A VERY SOUND APPROACH IN THAT THEY DECIDED TO USE HISTORICAL DATA, LOOK AT RECENT COUNCIL ELECTIONS AND FRANKLY TRY TO HANDICAP OR FIGURE OUT WHICH OF THE PREVIOUS COUNCIL CANDIDATES COULD HAVE QUALIFIED FOR THESE DIFFERENT FUNDING LEVELS. SO I'LL LET THE STAFF BRIEFLY WALK US THROUGH THAT. I'LL TELL YOU THAT IN MY OPINION I DISAGREE. I HAPPEN TO BELIEVE THAT, YOU KNOW, WE'RE LOOKING AT HISTORIC DATA. HISTORICALLY WE DIDN'T HAVE THIS SIGNIFICANT AMOUNT OF PUBLIC FUNDS AVAILABLE. I HAPPEN TO BELIEVE JUST INTUITIVELY THAT IF PUBLIC FUNDS WERE AVAILABLE IT WILL DRAW MORE CANDIDATES. AND THAT'S A GOOD THING. I'M NOT SUGGESTING THAT THEY'RE NOT GOING TO BE QUALIFIED. PER THIS ORDINANCE THEY WILL SORT OF QUALIFY. SO I HAPPEN TO BELIEVE THAT THE NUMBER IS GOING TO BE LARGER RATHER THAN SMALLER, BUT THAT'S JUST MY OPINION. HAVING SAID THAT, BECAUSE OF THESE PAINFUL BUDGET BLIB DLEUB REATIONS THAT WE'RE — DELIBERATIONS THAT WE'RE ALREADY HAVING, I'M CERTAINLY PREPARED TO IMMEDIATELY FUND, FRANKLY, AS LITTLE AS POSSIBLE, BUT CERTAINLY ABIDE BY THE LAW AND FUND IMMEDIATELY, YOU KNOW, THE AMOUNT NEEDED OR AN ESTIMATED. NOW, ONE OF THE REASONS WHY I TEND TO THINK THE STAFF HAS PUT AN HISTORICAL PERSPECTIVE IS AN UNDERESTIMATION IS JUST SOME SIMPLE MATH. PER THE ORDINANCE, IF 500 PEOPLE GET FIVE DOLLARS EACH OR 2500 DOLLARS, THEY GET A CHECK FROM THE CITY OF AUSTIN FOR $16,666. WELL, I HAPPEN TO SUSPECT THAT THERE IS ANY NUMBER OF YOUNGER ORIENTED GROUPS, PERHAPS ASSOCIATED WITH A SIGNIFICANT STATE UNIVERSITY IN THIS CITY, THAT IF THEY KNEW THAT THEY COULD GET TOGETHER AND 500 GUYS PUT IN FIVE BUCKS APIECE AND SIX MONTHS PRIOR TO A MAY ELECTION BE GIVEN A CHECK FROM THE CITY OF AUSTIN FOR $16,666 TO GO CAMPAIGN, OF COURSE, DIFFERENT PEOPLE CAMPAIGN IN DIFFERENT WAYS, YOU KNOW, MY CRACKER JACK STAFF HAS DONE SOME QUICK RESEARCH AND FOR $16,666, YOU CAN BUY 200 KEGS OF BEER AND 100 POUNDS OF POTATO CHIPS. AND SO MY SUGGESTION IS PERHAPS BY SIMPLY PUTTING A BANNER OVER 200 DEGREES OF BEER THAT SAYS VOTE FOR OUR CANDIDATE, FREE BEER, YOU IN FACT ARE CAMPAIGNING. AND SO I'M HARD PRESSED TO BELIEVE THAT THERE WON'T BE SOME INGENIOUS YOUNG MEN AND WOMEN WHO WILL SEE THE OPPORTUNITY TO — FOR FIVE DOLLARS TO HAVE 200 KEGS OF SHINER BOCK DELIVERED. AND WHAT I LIKE ABOUT THAT AND IS SORT OF FUNNY IS THAT THE TIMING OF THE SIX MONTHS PRIOR TO THE ELECTION IS K, OF COURSE, EARLY NOVEMBER, JUST IN TIME FOR THE A&M/U.T. FOOTBALL GAME, THE END OF THE SEMESTER PARTIES, THE HOLIDAY BREAK, NEW YEAR'S EVE, MARDI GRAS, ST. PATRICK'S DAY AND SPRING BREAK. SO FRANKLY MY BIG CONCERN HERE IS THAT THE AGGIES FIGURE OUT HOW TO QUALIFY FOR THIS THING AND IT GETS REAL INTERESTING. BUT THE BEER SCENARIO ASIDE — I'M SORRY, THAT GOT THE MAYOR'S ATTENTION. THE BEER SCENARIO ASIDE, THIS — WE'RE — WE ALL LOVE AUSTIN AND AUSTIN'S A GREAT TOWN AND A POLITICALLY ACTIVE TOWN, AND I THINK WE HAVE A UNIQUELY POLITICAL TOWN. THERE ARE ANY NUMBER OF ORGANIZATIONS, NOT STUDENT RELATED, THAT COULD TAKE ADVANTAGE OF SIGNIFICANT PUBLIC FUNDING FOR CANDIDATES OF THEIR CHOICE. THAT'S JUST THE POINT OF THIS ORDINANCE, I PRESUME. AS AN EXAMPLE, AN ORGANIZATION THAT HAS 2,000 MEMBERS — AND IN COURSE, THERE ARE A NUMBER OF ORGANIZATIONS IN THIS COMMUNITY THAT HAVE MULTIPLES OF THAT. IF AN ORGANIZATION HAS 2,000 MEMBERS AND COULD RUN FOUR CANDIDATES IN EVERY PLACE. THAT IS, THEY ORGANIZE THEIR SIGNATURES AND THEIR FIVE-DOLLAR CONTRIBUTIONS AND THEN THEY, OF COURSE, ORGANIZE THEIR 200 DOLLAR CONTRIBUTIONS AFTER THAT, SO ANY ORGANIZATION THAT HAS 2,000 NUMBERS COULD RUN FOUR CANDIDATES PER PLACE, EACH QUALIFY FOR UP TO $100,000 IN PUBLIC FINANCING FOR THEIR CAMPAIGN. KEEP IN MIND, ONLY ONE OF THEM PERHAPS GOES OUT AND PURCHASES YARD SIGNS AND BUMPER STICKERS AND RUNS A CAMPAIGN THAT HAS HIS OR HER NAME ASSOCIATED WITH IT. THE OTHER THREE FELLOW MEMBERS OF THIS ORGANIZATION FOR A PLACE DECIDE TO SPEND THEIR $100,000 EACH IN A DIFFERENT KIND OF CAMPAIGN, PERHAPS AT WHAT WOULD BE CONSIDERED SORT OF AN ATTACK AD CAMPAIGN AGAINST WHO MIGHT BE CONSIDERED A COMMON ENEMY, SAY AN INCUMBENT COUNCILMEMBER. SO I JUST SEE, YOU KNOW, SO MANY OPPORTUNITIES IN THIS ORDINANCE THAT IN FACT I'M GOING TO SUGGEST THAT AN HISTORIC TREND, WHICH STAFF WILL OUTLINE FOR US, IS GOING TO BE A DRAMATIC UNDERESTIMATION OF THE COST. IN NO WAY AM I IMPLYING THAT THE AUTHORS OR THE MANY SUPPORTERS OF THIS ORDINANCE ARE — HAVE ANY ILL INTENT WHATSOEVER. THERE'S A VERY LEGITIMATE, LARGE NATIONAL DEBATE ABOUT CAMPAIGN FINANCE REFORM AND PUBLIC FINANCING. HAPPEN TO THINK THIS PARTICULAR ORDINANCE HAS A LOT OF HOLES IN IT AND I'M GOING TO BE VOTING AGAINST IT ON THAT SATURDAY, BUT WHAT I INTEND TO DO — I MIGHT BE THE ONLY ONE, BUT I INTEND TO FOLLOW THE LETTER OF THE LAW AND I'M PREPARED TO IMMEDIATELY APPROPRIATE THE FUNDS UPON THE EFFECTIVE DATE OF THIS ACT. AND IN SPITE OF THE FACT THAT I HAPPEN TO THINK THAT THE NUMBER IS GOING TO BE BIGGER RATHER THAN NOT, I'LL — I WILL CERTAINLY GO ALONG WITH A SIGNIFICANTLY REDUCED IMMEDIATE ALLOCATION OF THESE FUNDS EITHER TODAY OR NEXT THURSDAY SO IN FACT WHEN THE ELECTION IS CANVASSED IN THREE WEEKS OR SO, WE COMPLY WITH THE ORDINANCE. SO WITH THAT I GUESS I NEED TO ASK THE CITY MANAGER TO WALK US THROUGH THEIR ESTIMATION.

ALVAREZ: IF I COULD ASK A QUESTION BEFORE WE GET INTO THIS.

MAYOR GARCIA: COUNCILMEMBER ALVAREZ.

ALVAREZ: I'D LIKE AN ANSWER TO THIS QUESTION ABOUT THE LANGUAGE OF THE ACTUAL CITIZEN INITIATIVE. AND WE'RE CLAIMING IT REQUIRES IMMEDIATE APPROPRIATION. COULD YOU READ THAT FOR ME, THAT SECTION THAT DEALS WITH THE FUNDING?

IT SAYS HERE, IT'S HERE BY ESTABLISHED AND ACCOUNT WITHIN A SPECIAL REVENUE FUND OF THE CITY OF AUSTIN — I NEED TO MAKE REFERENCE TO THE SECTION. IT'S SUBSECTION H. IT SAYS IT IS HERE BY ESTABLISHED AN ACCOUNT WITHIN A SPECIAL REVENUE FUND FOR THE CITY OF AUSTIN BE KNOWN AS THE FAIR ELECTION FUND. THE CITY COUNCIL SHALL APPROPRIATE THE FAIR ELECTION FUND IN AN AMOUNT SUFFICIENT TO FUND ALL CANDIDATES FOR THE OFFICE OF MAYOR OR THE CITY COUNCIL ELIGIBLE TO RECEIVE PUBLIC FINANCING FROM THE FUND. THE COUNCIL SHALL IMMEDIATELY APPROPRIATE SAID FUNDS UPON THE EFFECTIVE DATE OF THIS ACT AND SHALL THEREAFTER APPROPRIATE SUCH FUNDS FOR EACH FOLLOWING FISCAL YEAR. DO YOU WANT ME TO GO ON?

ALVAREZ: NO. THAT'S ENOUGH. I GUESS MY QUESTION, I GUESS, WHETHER THIS PARTICULAR LANGUAGE REALLY REQUIRES IMMEDIATE APPROPRIATION BECAUSE IT SUGGESTS THAT — BASICALLY I THINK THIS IS AN UNNECESSARY EXERCISE FOR US TO BE GOING THROUGH, BUT BASICALLY IT SAYS AN AMOUNT SUFFICIENT TO FUND ALL CANDIDATES FOR OFFICE, MAYOR AND COUNCILMEMBERS, ELIGIBLE TO RECEIVE PUBLIC FINANCING FROM THE FUND. SO BASICALLY ON MAY THE FOURTH IF THIS PASSES, IMMEDIATELY THERE'S NOT GOING TO BE FOLKS WHO ARE ELIGIBLE TO RECEIVE THOSE FUNDS, FIRST OF ALL. AND THEN THE LATER STATEMENT SAYS THAT EACH FISCAL YEAR YOU WILL APPROPRIATE ENOUGH FUNDS TO COVER THE NECESSARY FINANCIAL OUT LAYS. SO MY READING FROM THAT MEANS THAT I THINK ON MAY 4TH IF THIS PASSES, PRETTY SOON THEREAFTER WE HAVE TO PASS WHATEVER WE NEED TO IN ORDER TO GET BEGIN IMPLEMENTATION OF THE ORDINANCE. BUT NO ONE IS ELIGIBLE YET IF YOU HAVE TO APPROPRIATE THE TWO MILLION OR FOUR MILLION, WHATEVER IT IS, I'M NOT SURE WHERE IT'S GOING TO GO, BUT IF YOU READ IT AND REALIZE THAT NO ONE'S EVENING — — EVEN I GUESS WE'RE ASSUMING THAT SOMEONE IS GOING TO TURN AROUND AND SUE THE CITY IF WE DON'T APPROPRIATE THAT MONEY IMMEDIATELY, BUT NO ONE IS ELIGIBLE FOR THESE FUNDS YESTERDAY YET, SO NOBODY WOULD BE ABLE TO SUE THE CITY. SO I THINK THAT'S WHAT THE LANGUAGE POINTS TO. AND I WOULD I WOULD ASK MR. STEINER'S OPINION ON THAT AND IS THAT AN ACCURATE READING? WHY COUNCILMEMBER WYNN HAD BROUGHT THIS FORWARD, BUT IS STAFF TAKING THE POSITION THAT THIS REQUIRES IMMEDIATE PROPOSITION AND IF — APPROPRIATION, AND IF SO, WHAT IS THE LEGAL JUSTIFICATION JUSTIFICATION FOR THAT?

NO, I'VE NOT TAKEN A POSITION AND I DON'T HAVE ANY PARTICULAR AUTHORITY TO AUTHORITATIVELY INTERPRET THESE WORDS. WE DON'T HAVE ANY LEGISLATIVE HISTORY THAT SUGGESTS HOW THEY GOT TO BE THE WAY THEY ARE. SO I WOULD SAY IT'S UP TO COUNCIL TO INTERPRET IT AND ACT UPON IT AS COUNCIL SEES FIT.

MAYOR GARCIA: LET ME SAY, COUNCILMEMBER, THAT WHAT CONCERNS ME IS THAT IMMEDIATELY AFTER THAT SENTENCE THAT YOU REFERRED TO IT SAYS THE COUNCIL SHALL IMMEDIATELY APPROPRIATE SAID FUNDS UPON THE EFFECTIVE DATE OF THIS ACT. AND THIS PARTICULAR PROPOSED ORDINANCE HAS THOSE KINDS OF, I GUESS, CONFLICTS IN THE TEXT OF THE ORDINANCE. BUT I THINK YOUR POINT IS A GOOD POINT. WHO WOULD SUE THE CITY? AND IT'S JUST LIKE THE DEFINITION OF OVER ONE PERCENT OF THE BUDGET. IT DOESN'T SAY GENERAL FUND BUDGET OR CAPITAL BUDGET, IT SAYS BUDGET, WHICH MEANS THE WHOLE BUDGET OF THE CITY, WHICH IS IN EXCESS OF — IN EXCESS OF TWO BILLION DOLLARS. SO THOSE ARE THE KIND OF THINGS THAT I GUESS — I THINK THAT COUNCILMEMBER WYNN AND I WANTED TO DISCUSS BECAUSE I DON'T THINK — AND I'VE BEEN TALKING ABOUT THIS. I'VE BEEN INVITED TO SPEAK ON THIS — ON ALL THE PROPOSITIONS. AND THE MAJORITY, OVERWHELMING MAJORITY OF THE PEOPLE THAT HAVE HEARD ABOUT THIS PARTICULAR CITIZEN PETITION, AND EVEN THOSE WHO SIGNED IT, HAVE SAID THEY SIGNED IT ONLY BECAUSE THEY WERE TOLD THAT THIS WOULD INCREASE THE CONTRIBUTION LIMIT FROM 100 TO 200 DOLLARS. QUITE FRANKLY, NOBODY KNEW ABOUT THIS? NOBODY KNEW ABOUT THE RIGHTS OF THE ETHICS REVIEW COMMISSION. SO I THINK IT'S INCUMBENT UPON THE COUNCIL TO EXPLAIN THOSE THINGS TO THE PEOPLE. YOU KNOW, THERE'S A — THERE WERE A SIMILAR SITUATION TO THIS ONE IN SAN ANTONIO WHERE A CITIZEN PETITION CAME UP AND THE COUNCIL THERE ON THE BODY OF THE BALLOT PUT THE WHOLE CITIZEN PETITION SO THAT EVERYBODY COULD HAVE A CHANCE TO READ IT. I THINK THESE THINGS ARE SERIOUS ENOUGH FOR US TO CONSIDER THEM AND FOR US TO EXPLAIN TO THE PEOPLE WHAT IT IS THAT THEY'RE GOING TO BE VOTING ON. COUNCILMEMBER WYNN?

ALVAREZ: I'M SORRY.

MAYOR GARCIA: YOU STILL HAD THE FLOOR, COUNCILMEMBER.

ALVAREZ: BASICALLY, I MEAN, I AGREE THAT WE NEED TO GO THROUGH THE EXERCISE OF ESTIMATING WHAT WE THINK THIS WOULD COST, BUT I THINK THAT'S A DIFFERENT EXERCISE THAN STATING WE'RE GOING TO HAV, TO COME UP WITH THAT AMOUNT ON MAY THE 11TH, ESPECIALLY GIVEN THE BUDGET DISCUSSIONS THAT WE'RE HAVING AND THE — AND I REALLY THINK THAT IT'S PREMATURE, OR AT LEAST INAPPROPRIATE FOR US TO BE SAYING OR AT LEAST IN17 TWAIT17 WAITING THAT THAT'S A NECESSITY. AND THAT'S YOUR INTERPRETATION OF THE LANGUAGE, BUT BASICALLY I DON'T AGREE. AND I THINK IT COULD BE INTERPRETED DIFFERENT WAYS, BUT I THINK THIS IS A WAY OF TRYING TO SHED NEGATIVE LIGHT ON THIS. AND I'M NOT SAYING I'M FOR OR AGAINST THIS. SOME OTHER — I'M NOT REALLY ADDRESSING OR TAKING A POSITION ON THIS PARTICULAR ISSUE, BUT I DO THINK WE NEED TO BE FAIR IN TERMS OF HOW IT'S PRESENTED TO THE PUBLIC.

MAYOR GARCIA: COUNCILMEMBER WYNN?

WYNN: MR. STEINER, HOW WOULD YOU DEFINE THE EFFECTIVE DATE OF THIS ACT?

THE EFFECTIVE DATE WILL BE THE DATE THAT THE VOTES ARE CANVASSED. WIN SO THE SENTENCE SAYS THE COUNCIL SHALL IMMEDIATELY APPROPRIATE SAID FUNDS UPON THE DATE OF THIS ACT?

YES, SIR.

WYNN: HOW ELSE CAN THAT BE INTERPRETED NOT TO BE MAY 11TH?

ALVAREZ: WELL, IT ALSO SAYS, COUNCILMEMBER, ABOUT CITY COUNCIL AND MAYORAL CANDIDATES ELIGIBLE TO RECEIVE FUNDING. SO THAT'S A SEPARATE QUESTION OF IS ANYBODY GOING TO BE ELIGIBLE ON DATE WE CANVASS. SO I THINK THAT'S WHERE THE TWO DIFFERENT THEORIES DON'T MESH.

WYNN: SO THINK THROUGH THIS LOGIC. SAY WE DON'T FUND THIS UNTIL THE BUDGET DELIBERATIONS. EVEN DURING THE HEAT OF THE ELECTION NEXT MAY, THE WEEK BEFORE THE BOAT VOET, YOU'RE NOT GOING TO KNOW WHO IS ELIGIBLE AND WHO IS NOT ELIGIBLE BECAUSE IF YOU'RE GOING TO MATCH TWO FOR ONE DOLLARS, ON A DAILY BASIS DIFFERENT CANDIDATES ARE TURNING IN REQUESTS BECAUSE THEY SHOW THERE'S NO WAY TO KNOW HOW MANY — WE'RE NOT GOING TO KNOW HOW MANY PEOPLE ARE ELIGIBLE THE DAY BEFORE THE ELECTION. BECAUSE ANY CANDIDATE CAN WALK IN THE DAY BEFORE THE ELECTION AND SUBMIT HIS OR HER QUALIFYING CONVICTIONS AND — CONTRIBUTIONS AND GET A TWO FOR ONE MATCH FROM THE CITY. SO CLEARLY WHEN YOU READ THE ORDINANCE, YOU KNOW, WE HAVE TO SET ASIDE A SIGNIFICANT AMOUNT OF MONEY AND HAVE IT ALWAYS BE AVAILABLE FOR ANYBODY — YOU DON'T GET A HEADS UP. WE DON'T GET 12 DAYS' NOTICE OR SOMETHING OF WHEN SOMEBODY IS GOING TO WALK IN THE POST OFFICE WITH HIS OR HER PILE OF 200 DOLLAR CHECKS AND THEN GET A TWO FOR ONE MATCH FROM THE CITY. IN FACT, OFTEN TIMES THAT WILL BE HAPPENING RIGHT UP TO THE — AND CERTAINLY THROUGH ALL THE EARLY VOTING RIGHT UP TO THE ELECTION DATE. SO WHEN YOU READ THE ORDINANCE, IT'S INTENDED TO HAVE A LARGE SET OF FUNDS AVAILABLE IF AND WHEN HOWEVER MANY, HOWEVER FEW, MAYOR OR COUNCIL CANDIDATES, QUALIFY.

MAYOR GARCIA: AND THERE'S ANOTHER EVENT THAT COULD HAPPEN, ONE THAT HAPPENED LAST NOVEMBER. AND THAT IS A SPECIAL ELECTION. WE COULD HAVE A SPECIAL ELECTION.

SLUSHER: THIS YEAR.

WYNN: I DON'T READ HOW WE CAN READ SHALL IMMEDIATELY APPROPRIATE FUNDS ON MAY 11TH OTHER THAN APPROPRIATING SOME FUND ON MAY 11TH. I'LL BE ALL SUPPORTING IT AND SAYING IT'S GOING TO BE PAINFUL, BUT MAKING IT AS RELATIVELY SMALL AS WE CAN, PERHAPS UPPING IT IF WE DON'T GET SUED, UPPING IT THROUGH THE BUDGET DELIBERATIONS, BUT I THINK WE HAVE TO DPLIE WITH THE ACT. AND IMMEDIATELY APPROPRIATE SAID FUNDS MAY 11TH. AND TO DO THAT, WE HAVE ONE MORE COUNCIL MEETING BEFORE THEN. SO EITHER TODAY OR NEXT THURSDAY IS MY — I GUESS MY QUESTION IS SO IF WE IGNORE THIS PIECE OF THE ORDINANCE, WHAT OTHER PIECES OF THE ORDINANCE CAN WE IGNORE AND WHO GETS TO DECIDE WHAT PIECES OF IT WE GET TO IGNORE.

MAYOR GARCIA: COUNCILMEMBER ALVAREZ, WE HAVE ONE SPEAKER. DO YOU WANT TO LISTEN TO HIM AND THEN I'LL RECOGNIZE...

ALVAREZ: SURE.

MAYOR GARCIA: MR. FRED LEWIS. MR. LEWIS, WELCOME, SIR.

I GUESS I AM THE LEGISLATIVE HISTORY SINCE I DRAFTED THE PROPOSITION. THERE WILL BE — THE SAID FUNDS REFERS TO FUNDS FOR POTENTIALLY OR REASONABLY ELIGIBLE CANDIDATES AND AN ESTIMATE BASED ON THAT. AS COUNCILMEMBER ALVAREZ POINTED OUT, THERE IS NO ONE WHO CAN BE ELIGIBLE TO BE A CANDIDATE UNDER THIS UNTIL NOVEMBER OF 2002 BECAUSE YOU CANNOT BECOME ELIGIBLE FOR PARTICIPATING FUNDS UNTIL 180 DAYS BEFORE THE ELECTION. AND THE LAST TIME I CHECKED, NOVEMBER 2002 WAS IN THE NEXT FISCAL YEAR. BASICALLY WHAT YOU HAVE TO DO TO IMMEDIATELY FUND THIS ACT IS TO BEGIN THE IMPLEMENTATION OF IT. THERE ARE NO CANDIDATES WHO CAN BE RUNNING THIS FISCAL YEAR. THERE IS NOBODY WHO CAN QUALIFY THIS FISCAL YEAR. BECAUSE YOU CAN'T QUALIFY UNTIL 180 DAYS BEFORE THE ELECTION. NO MATTER WHAT YOU DO, YOU CAN'T GET ANY MONEY BEFORE 180 DAYS BEFORE THE ELECTION. AND THERE ARE OTHER CONTINGENCY. YOU HAVE TO BE OPPOSED BEFORE YOU GET MONEY. THERE ARE ALL SORTS OF THINGS. NO MATTER WHAT, YOU CANNOT GET ANY MONEY AS A CANDIDATE EARLIER THAN 180 DAYS BEFORE THE ELECTION IN NOVEMBER. BUT WHAT YOU HAVE TO DO TO IMMEDIATELY FUND THE ACT IS TO START TO PUT IN PROCESS THE ADMINISTRATION FOR IT. NOW, I WOULD HOPE THE CITY PUTS INTO PLACE AN ADMINISTRATION LIKE TUCSON IN OAKLAND, WHICH IS THEY HIRE ONE PERSON AND DON'T MAKE A MON STROSTY OUT OF THIS, WHICH IS WHAT HAS BEEN DONE IN OTHER CITIES AND HAVE BEEN ABLE TO RUN IT WITH VERY FEW PEOPLE. SO YOU BASICALLY IN MY VIEW NEED TO APPROPRIATE THE SALARY FOR THE EXECUTIVE DIRECTOR FOR ABOUT TWO OR THREE MOONTS, ASSUMING HOW LONG IT TAKES TO HIRE SOMEBODY. WHEN YOU GET AROUND TO THE BUDGET IN AUGUST, YOU'RE GOING TO HAVE TO HAVE A FISCAL ESTIMATE. IF YOU READ LATER ON YOU WILL REALIZE THE ETHICS REVIEW COMMISSION HAS TO MAKE A FISCAL ESTIMATE OF THE COST. AND THEN FIGURE OUT HOW MUCH MONEY NEEDS TO BE APPROPRIATED. YOUR STAFF IS NOT — HAS NOT SHARED WITH ME ANY OF ITS FISCAL ANALYSIS, SO I REALLY CAN'T COMMENT UPON WHATEVER THEY'RE GOING TO PRESENT, BUT I WILL SAY THIS: WE HAVE HEARD SPECULATION UPON SPECULATION ABOUT HOW MANY CANDIDATES WILL QUALIFY. IT WILL BE EITHER ALL THE PEOPLE OF HYDE PARK BAPTIST CHURCH WILL SIGN UP. I DON'T THINK IT'S SO BAD. I THINK THE PEOPLE OF THE CHURCH ARE ENTITLED TO REPRESENTATION TOO. BUT THERE'S NO EVIDENCE. AND I'M GOING TO SIT HERE AND ASK, LIKE I ASKED IN OCTOBER, IF YOU REMEMBER, FOR THE EVIDENCE FOR THIS. I'LL READ YOU WHAT THE LEAGUE OF WOMEN VOTERS REPORTS, THAT NEITHER MAINE OR ARIZONA HAD A PROBLEM WITH SO-CALLED FRINGE CANDIDATES. SIMILARLY STATES IN CITIES WITH PARTIAL PUBLIC FINANCING PROGRAMS — [ BUZZER SOUNDS ] — HAVE NOT FACED SUCH A PROBLEM. WHAT IS YOUR SUPPORT FOR YOUR POSITION THAT WE HAVE FRINGE CANDIDATES? TUCSON REQUIRES 200 SIGNATURES AND 10 DOLLARS. IT'S A CITY OF 498,000 PEOPLE. WE REQUIRE 500 SIGNATURES. THE LAST ELECTION 50% OF THE CANDIDATES QUALIFIED. IN THE BEGINNING YEARS OF THESE PROGRAMS, 20 TO 30 PERCENT OF THE CANDIDATES QUALIFIED. [ BUZZER SOUNDS ] AND I GUESS I'LL SIT HERE AND SAY IT UNTIL I DRAW BLUE IN THE FACE, LET'S TALK ABOUT THE CITY AND STATE THAT HAS ONE OF THESE PROGRAMS WHERE THE PARTICIPATION RATE, THE MATCHING FUND RATES, THE OTHER THINGS ARE AS SPECULATED. I WILL SUM IT UP WITH THIS. WE ARE BEING VERY CONSISTENT WITH OTHER CITIES. IN NRKZ THE STAFF, NOT HAPPY WITH THE IDEA OF PARTIAL PUBLIC FINANCING IN1989, ESTIMATED THE ENTIRE PREAM FOR THE CITY OF NEW YORK WOULD COST 27 MILLION DOLLARS. IT COST FOUR. SO I GUESS WE'RE ABOUT ON COURSE. IF YOU HAVE ANY QUESTIONS — BECAUSE EVERY ASSUMPTION MADE TO GET THESE FIGURES CANNOT BE SUPPORTED IN THE REAL WORLD AND THERE ARE REAL WORLD EXAMPLES. WE'RE NOT THE FIRST PEOPLE TO DO THIS.

MAYOR GARCIA: FRED, YOU DON'T DISPUTE THAT THE CITY OUGHT TO LOOK INTO THIS TO FIGURE OUT WHAT THE FISCAL IMPLICATIONS ARE, DO YOU?

I DON'T DISPUTE THAT THE CITY SHOULD DO A REASONABLE ANALYSIS AFTER THE PROPOSITION PASSES. THERE'S NO NEED TO DO THIS NOW. IF IT PASSES — WE'VE ALREADY HAD SPECULATION ALL OVER THE PLACE ABOUT THE COST. I DON'T THINK IT'S GOING TO BE CLEARED UP TODAY. I DON'T KNOW WHAT YOUR STAFF'S DONE IN THE PAST IS LOOKED AT NO EXAMPLES FROM ANY OTHER CITY OR STATE. WHAT WE NEED — IF YOU WANT TO KNOW HOW MUCH MONEY NEEDS TO BE AVAILABLE ON MAY 11TH, 12TH, WHATEVER AFTER THE ELECTION, IF THIS PASSES, IS YOU NEED ENOUGH MONEY TO FUND SOMEBODY'S SALARY FOR A COUPLE OF MONTHS. AND THEN WHEN AUGUST COMES AROUND THERE'S GOING TO HAVE TO BE A FISCAL ANALYSIS OR ESTIMATE DONE BY THE ETDZCS REVIEW COMMISSION. AND MAIN BY THEN IF THIS IS PASSED WE CAN ALL CALM DOWN AND DO A REALISTIC ESTIMATE. BECAUSE I KEEP SAYING IS HOW DOES ARIZONA RUN PUBLIC FINANCING FOR 90 LEGISLATIVE SEATS AND IT COSTS FOUR MILLION DOLLARS AND IT IS GOING TO COST THAT FOR THE CITY OF AUSTIN FOR THREE. BUT AS I SAID, OVERESTIMATING THE COST IS SOMETHING THAT STAFFS ALL OVER THE UNITED STATES HAVE HAD A GOOD TIME DOING.

MAYOR GARCIA: THANK YOU, MR. LEWIS. MARY LEHMAN? WELCOME, MS. LEHMAN.

I WAS JUST GOING TO SAY WHAT I ALREADY WROTE TO THE COUNCIL, THAT I WONDERED WHY THERE WAS AN INVESTIGATION OF PROPOSITION 1 AND NONE FOR PROPOSITION 3, WHICH IS MORE EXPENSIVE. IT LOOKED TO ME LIKE SOME POLITICAL HIGH JINX, BUT I'M JUST WONDERING WHY A GREATER EXPENSE, WHICH IS INVOLVED WITH PROPOSITION 3, ISN'T ALSO INVESTIGATED, IF YOU'RE GOING TO INVESTIGATE EXPENSES? THANK YOU.

MAYOR GARCIA: AND THE ANSWER TO THAT, BECAUSE THAT QUESTION WAS ASKED BY ONE OF THE PERSONS THAT SENT US AN E-MAIL. I SENT AN EXPLANATION OF THAT. WHAT WE'RE DOING IS WE'RE GOING FROM SEVEN COUNCILMEMBERS TO 11, SO WE KNOW THAT FOR FISCAL YEAR — IF THIS PASSES, THE FISCAL YEAR '03 STARTING IN MAY OF 2003, IF IT PASSES WE WILL HAVE — WE WILL HAVE FOUR-7THS MORE IN EXPENSES FOR THE COUNCIL. SO WE KNOW THAT. THAT DOESN'T REQUIRE INTERPRETATION OF A CITIZEN PETITION OR AN ORDINANCE. IT JUST REQUIRES THAT WE CRUNCH THE NUMBERS. AND THAT WILL IMPACT — FOR SURE IT WILL IMPACT THE FISCAL YEAR '03 BUDGET SHOULD THIS PASS. THE URGENCY ON THIS —

I'M SORRY.

MAYOR GARCIA: THE ESSENCE OF THIS PARTICULAR RESOLUTION OR ORDINANCE IS THAT THIS COULD HAVE A FISCAL IMPACT IN '02 BECAUSE OF THE IMMEDIATE QUESTION OF THE CITIZEN PETITION.

IF I UNDERSTAND YOU THEN YOU'RE INVESTIGATING THIS BECAUSE YOU'RE NOT SURE OF THE FISCAL IMPACT AND YOU'RE NOT INVESTIGATING SINGLE-MEMBER DISTRICTS, WHICH IS IBECAUSE YOU KNOW IT IS GREATER IMPACT FINANCIALLY.

MAYOR GARCIA: SHOULD THE CITIZENS ADOPT SINGLE-MEMBER DISTRICTS, WE KNOW WE WILL HAVE TO PUT THE EXPENSES FOR FOUR MORE COUNCILMEMBERS IN THE '03 BUDGET. THAT WE KNOW.

RIGHT. IT'S A GREATER EXPENSE. SO YOU'RE NOT INVESTIGATING THAT. THANK YOU.

MAYOR GARCIA: COUNCILMEMBER SLUSHER AND THEN COUNCILMEMBER WYNN.

SLUSHER: WELL, I HAD ADD THAT THE DISTRICT PLAN HAS A TRANSITION PLAN THAT THE COUNCIL DISCUSSED AT A PREVIOUS MEETING AND A MAJORITY APPROVED. AND IT DOESN'T — WHEREAS THE CAMPAIGN FINANCE WHICH HAS THE WORD IMMEDIATE OR CALLS FOR IT TO BE FUNDED NOW, OR THAT'S — AND THERE IS SOME DISCUSSION OVER THE INTERPRETATION OF THAT, BUT THAT IS THE DIFFERENCE BETWEEN THE TWO AS WELL.

MAYOR GARCIA: COUNCILMEMBER WYNN?

WYNN: TO SLIGHTLY BUILD ON THAT. THE DIFFERENCE IS THERE ARE SEVERAL PROPOSITIONS ON THE BALLOT. ALL OF THE ORDINANCES RELATED TO THE OTHER PROPOSITIONS WILL OBVIOUSLY JUST REQUIRE THE CITY COUNCIL THROUGH ITS ANNUAL BUDGET DELIBERATIONS TO HAVE THAT DELIBERATION ABOUT HOW AND WHERE WE FIND THE FUNDING FOR ALL THOSE OTHER ORDINANCES. THIS PARTICULAR ORDINANCE HAS THE LANGUAGE, SHALL IMMEDIATELY APPROPRIATE SAID FUNDS MAY 11TH. AND SO THAT'S THE REASON WHY IT'S BROUGHT FORWARD AND THE OTHER ONES AREN'T BECAUSE THEY PASS AND THEY'LL GO THROUGH THE NORMAL ANNUAL BUDGET DELIBERATIONS, BUT THIS ONE APPARENTLY HAS TO BE TAKEN SEPARATELY.

MAYOR GARCIA: OKAY. FURTHER QUESTIONS, DISCUSSIONS? COUNCILMEMBER WYNN, I SUSPECT THAT WHAT WE COULD DO ON THIS ONE IS, SINCE WE DON'T KNOW WHAT THE FISCAL IMPACT IS, I DON'T THINK WE CAN DO AN ORDINANCE. BUT IT MAY— YOU MAY WANT TO TAKE CARE OF A RESOLUTION DIRECTING SOMEBODY TO GIVE US AN IDEA AT SOME POINT OF HOW MUCH IT'S GOING TO COST.

ACTUALLY, MAYOR, WE HAVE THAT READY. THAT WAS WHAT WE WERE DIRECTED TO DO WHEN WE WERE NOTICED THAT THIS ITEM WAS PUT ON. SO WE WERE ACTUALLY ASKED TO DO TWO THINGS, WHICH WAS TO GIVE OUR BEST ESTIMATE AT SOME SET OF ASSUMPTIONS THAT YOU HAVE TO MAKE OF WHAT IT COULD COST. AND VICKY, OUR ACTING CFO, IS HERE TO WALK US THROUGH THAT. AND THEN WE WERE ASKED WHERE WOULD WE LOOK FOR THAT MONEY? SHOULD THAT MONEY HAVE TO BE FUNDED IMMEDIATELY AFTER THE ELECTIONS, IF THIS PASSED, WHAT WOULD WE RECOMMEND? SO LEAVE IT AT YOUR PLEASURE. WE HAVE THE PRESENTATION WITH THE ASSUMPTIONS. PROBABLY ABOUT FIVE MINUTES LONG. WE WANTED TO PUT THE ASSUMPTIONS BEFORE WE PUT OUT A NUMBER BECAUSE THERE'S BEEN SO MUCH DISPUTE ABOUT WHAT ASSUMPTION TO USE SO THAT WE COULD WALK YOU THROUGH WHY WE CHOSE WHAT WE CHOSE.

MS. SHU BETTER.

GOOD AFTERNOON. SEVERAL MONTHS AGO I MADE A PRESENTATION ON CAMPAIGN FINANCE WHERE I MADE A PROPOSAL FOR YOU ON THE FINANCE. AND I PREPARED SCENARIOS AND I GAVE YOU BETWEEN 30 MILLION AND ABOUT FOUR MILLION. TODAY I AM GOING TO PRESENT TWO DIFFERENT SCENARIOS AND ASSUMPTIONS WHICH I'LL EXPLAIN. ONE UNDER THE CURRENT COUNCIL STRUCTURE AND THE OTHER ONE UNDER THE NEW SINGLE-MEMBER DISTRICT GOVERNANCE STRUCTURE. ESTIMATION IS DIFFICULT.

MAYOR GARCIA: YOU MEANT 130,000 TO FOUR MILLION?

YES, SIR. WHAT DID I SAY, 130 MILLION? THAT WAS THE LOW END. [ LAUGHTER ] SORRY. OBVIOUSLY SPEAKING IS DIFFICULT, NOT ONLY ESTIMATION. AS I SAID, WE HAVE TWO POTENTIAL GOVERNANCE STRUCTURES. WE HAVE TO ESTIMATE THE NUMBER OF CANDIDATES WHO WOULD PARTICIPATE, THE TOTAL CONTRIBUTIONS RAISED BY EACH CANDIDATE, WHETHER ANY OTHER CANDIDATES PARTICIPATE IN THE RACE AND EXCEED THE SPENDING LIMITS THAT ARE SET AND WHETHER ANY INDEPENDENT PARTIES EXCEED THE LIMITS SAID SET, WHAT THE TOTAL COST FOR ADMINISTRATION WOULD BE AND WHAT THE TOTAL OFFSETTING REVENUE MAY BE. AS COUNCILMEMBERS HAVE BEEN SPEAKING ABOUT IT, YOU CAN CERTAINLY MAKE ARGUMENTS THAT MY ESTIMATES ARE TOO HIGH OR TOO LOW. WE JUST ESTIMATED TO TAKE A MIDDLE GROUND. THE FIRST ESTIMATE THAT I WANT TO TALK ABOUT IS UNDER THE CURRENT COUNCIL STRUCTURE. ASSUMPTIONS ABOUT THIS ESTIMATE WILL BE SHOWN ON THE FOLLOWING PAGES. IF THE STRUCTURE STAYS THE SAME IN 2003, THE CITY WILL HOLD A GENERAL ELECTION FOR THE MAYOR AND THREE COUNCIL PLACES. AS A REMINDER, I BELIEVE WE TALKED ABOUT IT, BUT JUST TO CLARIFY HOW MUCH PARTICIPATING CANDIDATES ARE ELIGIBLE FOR, COUNCIL CANDIDATES WHO RAISE QUALIFYING CAMPAIGN CONTRIBUTIONS OF 2500 DOLLARS OR FIVE DOLLARS EACH FROM 500 VOTERS CAN RECEIVE A BLOCK GRANT OF $16,667. AFTER THAT ANY FUND THEY RAISE ARE MATCHED TWO TO ONE BY PUBLIC DOLLARS UP TO A LIMIT OF $100,000 TOTAL, INCLUDING THE BLOCK GRANT. SO THE MAXIMUM CITY CONTRIBUTION IS ABOUT $72,000. THE MAXIMUM THAT THE CANDIDATES HAVE TO BRING IN IS ABOUT $ 28,000. FOR THE MAYORAL RACE, THESE AMOUNTS ARE DOUBLED. THE ESTIMATE FOR THE REGULAR ELECTION UNDER THIS SCENARIO IS ABOUT 1.1 MILLION DOLLARS. THE PROPOSED CHARTER LANGUAGE CONSIDERS THE RUNOFF ELECTION TO BE A SEPARATE ELECTION AND SO I'VE COME UP WITH A SEPARATE ESTIMATE FOR THE RUNOFF AT ABOUT $530,000. BOTH OF THESE NUMBERS INCLUDE AN ALLOWANCE FOR THE COST OF ADMINISTRATION OF THE INITIATIVE. TO THIS I HAVE A REVENUE OFFSET OF ABOUT $50,000. THE INITIAL QUALIFYING MONIES CANDIDATES RAISE OF $2500 OR 25 THOUSAND FOR THE — 5,000 FOR THE MAYOR ARE ELIGIBLE TO BE RETURNED INTO THE FUND, AS ARE THE CURRENT LOBBYING FEES THAT PEOPLE PAY TO THE CITY. SO THOSE AND A POTENTIAL UTILITY CHECKOFF WHERE UTILITY CUSTOMERS COULD CHECK OFF AND PUT MONEY INTO THE FUND. AND I'LL TALK ABOUT THAT MORE IN A MINUTE. SO THE TOTAL UNDER THIS SCENARIO IS ABOUT 1.6 MILLION DOLLARS. GOING TO THE ASSUMPTIONS. FOR COUNCIL PLACES, I'M ASSUMED THREE PARTICIPANTS PER RACE IN THE GENERAL ELECTION FOR A TOTAL OF NINE PARTICIPANTS. THIS IS ABOUT 60% OF THE AVERAGE NUMBER OF CANDIDATES IN COUNCIL ELECTIONS FOR THE LAST THREE YEARS. FOR THE RUNOFF, I'VE ASSUMED THREE RACES WITH ONE PARTICIPANT PER RACE. I'M PROBABLY A LITTLE BIT HIGH ON THE GENERAL ELECTION, A LITTLE BIT LOW ON THE RUNOFFS, BUT IT'S THE SAME AMOUNT OF MONEY. I FURTHER ASSUMED THAT ALL CANDIDATES WOULD RAISE THE MAXIMUM AMOUNT LOUISIANAED. YOU CAN ARGUE THAT NOT ALL PARTICIPANTS WILL RAISE THE MAXIMUM, BUT A CANDIDATE HAS TO ONLY RAISE 28,000 TO BE I IGIBLE FOR THE MAXIMUM. I FURTHER ASSUMED THAT NO OTHER CANDIDATES WOULD EXCEED THE SPENDING LIMITS AND THERE WOULD BE NO INDEPENDENT EXPENDITURES IN EXCESS OF THE AMOUNTS IN THE POST CHARTER AMENDMENT. FOR THE MAYORAL RACE I ASSUMED 50% OF THE AVERAGE NUMBER OF CANDIDATES FOR THE LAST THREE YEARS WOULD QUALIFY AND PARTICIPATE. AND THAT TWO OF THOSE CANDIDATES WOULD MOVE ON TO THE RUNOFF AND WOULD PARTICIPATE. THEN WITH RESPECT TO THE REMAINING ASSUMPTIONS I USED THE SAME ONES AS I DID FOR COUNCIL CANDIDATES. IHEY WOULD RAISE THE MAXIMUM AMOUNT. NO ONE WOULD EXCEED SPENDING LIMITS AND ENTITLE THEM TO EVEN MORE MONEY AND WITH NO INDEPENDENT EXPENDITURES WOULD BE EXCEEDED, WHICH ENTITLES BOTH TO MORE MONEY. WITH RESPECT TO OTHER ASSUMPTIONS, WE ASSUME COST FOR ADMINISTRATION TO BE ABOUT FIVE PERCENT OF TOTAL, WHICH FOR THE GENERAL ELECTION IS $54,000 AND FOR THE RUNOFF WAS ABOUT 25,000. THIS IS PROBABLY A LITTLE BIT LOW, BUT THAT WAS THE FLOOR THAT WAS SET IN THE CHARTER. IT ESTIMATED THE REVENUE OFFSET IN THE FIRST YEAR WOULD BE MINIMAL. THAT, AS I SAID, INCLUDING THE 2500 AND $5,000 AMOUNTS PUT IN BY THE QUALIFYING CANDIDATES AS WELL AS AN ESTIMATE OF ABOUT $10,000 FOR LOBBYING FEES. WITH RESPECT TO THE UTILITY CHECKOFF PROGRAM, I DIDN'T ASSUME ANY REVENUE THIS YEAR BECAUSE IT'S LIKELY THAT IN ORDER TO DO PROGRAMMING AND GET EVERYTHING PRINTING AND EVERYTHING ESTABLISHED IN ASSOCIATION WITH THIS PROGRAM THAT IT'S GOING TO COST MORE THAN WE'LL GET IN THE FIRST YEAR. MOVING ON TO THE SECOND ASSUMPTION OR SECOND SCENARIO, THAT WOULD BE FOR SINGLE-MEMBER DISTRICTS. IN 2003 THERE WOULD BE EIGHT SINGLE-MEMBER DISTRICT RACES AND THE MAYORAL RACE. FOR THE REGULAR ELECTION I'VE ESTIMATED 1.2 MILLION DOLLARS FOR, FOR THE RUNOFF ABOUT 700,000, OFFSET BY A REVENUE OF 60,000 FOR A TOTAL ESTIMATED COST OF ABOUT 1.9 MILLION. WRAP TO COST ASSUMPTIONS, I ASSUMED TWO PARTICIPANTS IN EACH OF THE EIGHT SINGLE-MEMBER DISTRICT RACES. FOR THE RUNOFF ONE PARTICIPANT IN EACH OF EIGHT RUNOFFS. ALL PARTICIPATING CANDIDATES WOULD AGAIN RAISE THE MAXIMUM ALLOWABLE AMOUNT, HOWEVER, THE CHARTER LANGUAGE ALLOWS THE ETHICS COMMISSION TO ADJUST THE AMOUNTS SHOULD THE SINGLE-MEMBER DISTRICTS PROPOSAL PASS. SO WHAT I DID WAS I ADJUSTED ALL THE MAXIMUM LIMITS DOWN ONE-THIRD FOR THE COUNCIL CANDIDATES UNDER THIS SCENARIO TO ACT FOR THE FACT THAT SOME THINK THAT LIMITS COULD BE LOWERED BECAUSE YOU ARE LOOKING AT SINGLE-MEMBER DISTRICTS RATHER THAN CITYWIDE DISTRICTS. I THINK THERE ARE ALSO SOME WHO WOULD ARGUE THAT PERHAPS THIS SHOULDN'T BE LOWERED BECAUSE THE SIZE OF THE DISTRICT IS SO LARGE THAT THE CANDIDATES WOULD STILL PROBABLY BE USING TELEVISION SPOTS, WHICH ARE THE MOST EXPENSIVE PIECE OF THEIR CAMPAIGNS. AS IN THE OTHER SCENARIOS, I'VE ASSUMED THAT NO OTHER CANDIDATES WOULD EXCEED THE SPENDING LIMITS AND THERE ARE NO ANY INDEPENDENT EXPENDITURES. FOR THE MAYORAL RACE, THERE'S REALLY NO CHANGE FROM THE PREVIOUS SCENARIO. 50% OF THE CANDIDATES, WHICH IS THREE IN THE GENERAL ELECTION, TWO MOVING ON TO THE RUNOFF, MAXIMUM AMOUNTS, SO ON AND SO FORTH. FOR THE OTHER COST ASSUMPTIONS, THEY ARE PRETTY MUCH THE SAME, JUST BEEN ADJUSTED SLIGHTLY TO REFLECT A NUMBER DIFFERENT OF CANDIDATES RUNNING. AS WE'VE TALKED ABOUT BEFORE, I HAVE A SLIDE THAT SHOWS WHAT THE PROPOSED CHARTER LANGUAGE SAYS, AND YOU'VE DISCUSS THAT HAD, SO WE WON'T GO OVER THAT. AND WITH THAT WE GET TO POINT OF A FUNDING RECOMMENDATION.

I THINK THAT OUR NEXT SLIDE BASICALLY PUTS THE LANGUAGE BACK UP AGAIN THAT YOU'VE ALREADY HAD SOME DISCUSSION ON ABOUT THIS SHALL IMMEDIATELY APPROPRIATE SAID FUNDS. EVEN WITH INTERPRETATIONS OF WHETHER YOU HAVE TO FUND NOW IMMEDIATELY BECAUSE YOU DON'T KNOW WHO WILL BE ELIGIBLE THE NEXT ELECTION, YOU WILL ALWAYS HAVE TO BE MAKING ASSUMPTIONS DURING YOUR BUDGET DELIBERATIONS. SHOULD THIS PASS YOU WILL ALWAYS BE MAKING ASSUMPTIONS ON THE FRONT END FOR AN AMOUNT OF MONEY THAT YOU WILL PUT ASIDE. AND YOUR RISK WILL BE THAT IF YOUR ASSUMPTIONS PROVE WRONG AND IT'S MORE THAN THAT, YOU WILL HAVE TO GO BACK INTO YOUR BUDGET. IT'S AN ALREADY SET BUDGET AND YOU WILL HAVE TO FIND THOSE DOLLARS. OBVIOUSLY ON THE FLIP SIDE OF THAT, IF YOU PUT TOO MUCH MONEY ASIDE, THEN YOU'VE CUT YOUR OPPORTUNITIES IN YOUR BUDGET FOR FUNDING OTHER THINGS THAT YOU WOULD FIND IMPORTANT IN THE COMMUNITY. THE RECOMMENDATION IS VERY VARIED. IF WE WERE — IF WE WERE TO HAVE TO FUND IMMEDIATELY UPON PASSAGE, THIS REQUIRES AN ONGOING SOURCE OF FUNDS. THIS CANNOT BE ONE-TIME CUTS OR ONE-TIME SAVINGS. THESE HAVE TO DO — YOU HAVE TO DO ONE OF TWO THINGS. HAVE YOU TO PERMANENTLY ELIMINATE CURRENT PROGRAMS OR IDENTIFY A NEW ONGOING SOURCE OF REVENUE. BECAUSE OF THE DIFFICULTY OF THIS BUDGET YEAR, THIS YEAR AND NEXT YEAR, BECAUSE OF THE SIZE OF OUR SHORTFALL THAT WE ARE LOOKING AT WITH OUR DECLINING SALES TAX, I WOULD NOT RECOMMEND IF WE HAD THE FUNDS NOW TO TRY TO DO PROGRAM CUTS ON A PIECEMEAL BASIS. THE GAP, THE SHORTFALL IS SIGNIFICANT ENOUGH, SOMETHING WE REALLY HAVEN'T DEALT WITH SINCE THE MID TO LATE '80'S, SO WHAT I WOULD DO INSTEAD IS IF ASKED, IF DIRECTED TO FUND IMMEDIATELY UPON PASSAGE, I WOULD RECOMMEND THE TAX ANTICIPATION NOTE. I WOULD RECOMMEND A NEW ONGOING SOURCE OF REVENUE TO FUND THIS. IF YOU TAKE — ROUND TO TWO MILLION, KNOW IT CAN BE MORE, KNOW IT CAN BE LESS. YOU HEARD VICKY'S ASSUMPTIONS. I THINK WE ARGUE THOSE ASSUMPTIONS OURSELVES. SOME OF US ARGUED THAT YOU SHOULDN'T CUT 33% FOR SINGLE-MEMBER DISTRICTS, THAT PEOPLE WOULD STILL ADVERTISE ON TELEVISION. WE ARGUED THE OTHER DIRECTION ON OTHER ITEMS. BUT TAKE ANY REASONABLE SET OF ASSUMPTIONS AND FOR JUST THE SAKE OF ARGUMENT TAKE A TWO-MILLION-DOLLAR FUNDING SOURCE. IF YOU WERE TO DO A TAX PARTICIPATION NOTE, THAT WOULD BE A PROPERTY TAX INCREASE OF.24 CENTS PER HUNDRED. THE AVERAGE COSTS, THE COSTS TO THE AVERAGE HOMEOWNER ANNUALLY WOULD BE ABOUT $67 THAT WOULD BE ON THE SPOT WITH A COUPLE OF WEEKS HERE TO GO, THAT WOULD BE MY RECOMMENDATION, RATHER THAN TRY TO GO PROGRAM CUT BY PROGRAM CUT PRIOR TO BEING ABLE TO ADDRESS YOUR ENTIRE SHORTFALL DURING OUR BUDGET DELIBERATIONS.

MAYOR GARCIA: QUESTIONS FOR THE CITY MANAGER? OR FOR VICKY?

WYNN: MAYOR?

MAYOR GARCIA: COUNCILMEMBER WYNN.

WYNN: I DO WANT TO THANK THE CITY MANAGER AND MS. SLEW BETTEROING THROUGH THIS. I'M STILL CONFUSED ABOUT THIS AND MAYBE THE CITY ATTORNEY'S OFFICE ABOUT THE LANGUAGE SHALL IMMEDIATELY APPROPRIATE. AND MAKE A RECOMMENDATION BASED ON THAT.

JOHN, IT LOOKS LIKE YOU'RE ON THE SPOT. AND WHILE YOU'RE WALKING UP AND THINKING ABOUT IT, I GUESS KNOW THAT IF THIS PASSES, WHETHER YOU HAVE TO DO IT IMMEDIATELY IN MAY OR YOU HAVE TO DO IT IN THE BUDGET PROCESS IN AUGUST AND SEPTEMBER, YOU ARE STILL LOOKING AT ADDING THIS ON TOP OF THE BUDGET SHORTFALL WE ALREADY BEGAN THE DESCRIPTION OF YESTERDAY.

MAYOR GARCIA: AND SINCE THIS PARTICULAR CITIZEN REFERENDUM ALSO HAS THE ACTIVATION OF THE ET CETERA THIKZ REVIEW — ETHICS REVIEW COMMISSION STAFF, IN ANY EVENT THERE WILL HAVE TO BE SOME FUNDING. SO THE IMMEDIATE ISSUE THAT COMES INTO PLAY IT SEEMS TO ME BECAUSE THEY WILL HAVE TO SET THE OFFICE UP AND DO THE THINGS THAT ARE NECESSARY TO MAKE THE ESTIMATE THAT WILL BE INCLUDED IN THE '03 BUDGET.

YES, SIR. AT LEAST THAT MUCH IS TRUE, THAT THE ONLY — THAT THE APPROPRIATION IS NOT JUST FUNDING THE GRANTS AND MATCHING FUNDS FOR CANDIDATES, IT'S ALSO FUNDING THE ETHICS REVIEW COMMISSION, WHICH WILL HAVE ADDITIONAL DUTIES AND WHICH PROBABLY WOULD WANT TO GET STARTED.

MAYOR GARCIA: OKAY. SO THERE IS SOMETHING TO BE FUNDED IMMEDIATELY BECAUSE THE BUDGET DISCUSSIONS WILL BEGIN IN MAY.

AS A MATTER OF FACT, YOU'RE ABSOLUTELY RIGHT. I MEAN, WE'RE A WEEK AWAY. TO BE HONEST WITH YOU, WE KICKED OFF THOSE DISCUSSIONS WITH YOU YESTERDAY AT THE WORK SESSION. BUT THE FORMAL BEGINNING OF OUR BUDGET PROCESS IS OUR FIVE-YEAR FORECAST. AND THAT OCCURS MAY 8TH.

MAYOR GARCIA: SO THE ETHICS REVIEW COMMISSION, WOULD THEY HAVE TO HIRE A LAWYER TO HAVE HIM INTERPRET WHAT ALL THESE THINGS MEAN, LIKE THE DEFINITION OF BUDGET AND ALL THE OR THINGS?

I THINK MR. STEINER WOULD BEG ME TO HAVE THAT HAPPEN.

OF COURSE, UNDER THE CHARTER, CITY ATTORNEY IS THE LAWYER FOR THE CITY AND ALL OF ITS PARTS, SO WE WOULD BE — BECAUSE OF THE CHARTER, THE CITY ATTORNEY WOULD BE THE ATTORNEY FOR THE ETHICS REVIEW COMMISSION.

THE CHARTER AMENDMENT ALSO SAYS THAT THE CITY MANAGER AND THE CITY ATTORNEY SHALL STAFF THE NECESSARY COMMISSION AS APPROPRIATE AND THAT STILL REQUIRES ADDITIONAL FUNDING. AT THIS POINT IN TIME I DON'T KNOW WHETHER ADDITIONAL ATTORNEY RESOURCES WOULD BE NECESSARY. IT WOULD DEPEND ON HOW ROBUST AND AGGRESSIVE THE COMMISSION THOUGHT ITS DUTIES.

A HUGE WILD CARD AS WELL IS WHETHER OR NOT SINGLE-MEMBER DISTRICTS PASS. BECAUSE THE PROPOSED CHARTER AMENDMENT ESSENTIALLY GIVES THE CHARTER REVIEW COMMISSION THE AUTHORITY TO CHANGE THE AMENDMENT IN ANY WAY NECESSARY TO CONFORM IT TO A CHANGE IN THE STRUCTURE OF THE GOVERNING BODY. SO IF THERE IS A CHANGE TO AN 11-MEMBER COUNCIL, THREN THERE WILL BE QUITE — THEN THERE WILL BE QUITE A BIT FOR THE ETHICS COMMISSION TO DO BOTH IN ESSENTIALLY REWRITING THE PROVISIONS TO FIT THE DIFFERENT KIND OF A COUNCIL AND ALSO IN IN A COMPLETE DIFFERENT WORLD REGARDING THE ESTIMATES THAT MIGHT APPLY TO WHAT IT WOULD COST TO FUND THAT COUNCIL VERSUS THIS COUNCIL.

MAYOR GARCIA: CITY MANAGER, HAS ANYBODY LOOKED AT WHAT THE ETHICS REVIEW COMMISSION WOULD NEED TO CARRY OUT THE RESPONSIBILITIES PRESCRIBED BY THIS PARTICULAR CITIZENS PETITION?

WE ACTUALLY HAD QUITE A BIT OF DISCUSSION ABOUT WHAT AN APPROPRIATE LEVEL OF SUPPORT MEANS. AND BECAUSE THIS IS REALLY A NEW ANIMAL FOR US TO LOOK AT. I WILL TELL YOU THAT WE BELIEVE WHAT WE LOADED INTO VICKY'S ASSUMPTIONS ARE LOW. WE ACTUALLY BELIEVE IT WILL BE MORE THAN THAT. BUT WE REALLY TOOK THE LOW END. WE TOOK THE FLOOR IN THAT DISCUSSION, BUT NOT THE CEILING. [ONE MOMENT, PLEASE, WHILE CAPTIONERS]

STAFFING, SOME INTERIM FUNDS TO BEGIN THEIR WORK AND THEN MEANWHILE THE CITY COUNCIL WILL TAKE THE SUMMER BUDGET DISCUSSIONS TO — TO COME UP WITH WHAT WE BELIEVE TO BE THE — THE BULK OF FUNDING FOR THE — FOR THE [INAUDIBLE]

YES. WE CAN DO THAT. WE CAN TAKE A LOOK AND TRY TO BREAK OUT I THINK THE PIECE NO ONE ARGUES WOULD HAVE TO BE — THE ADMINISTRATIVE SUPPORT COMPONENT. WE WILL BRING BACK OUR ASSUMPTIONS ON THAT, ALSO. ONE LAST THING, JUST BECAUSE I DON'T TO LEAVE FRED'S COMMENTS ON THE RECORD WITHOUT SOME DISCUSSION. THERE WAS AN IMPLICATION IN THOSE COMMENTS THAT SOMEHOW STAFF WAS HIGH BALLING ESTIMATES TO TAKE THE POSITION ON THAT. BEYOND THAT WE HAD NOT LOOKED AT ANY OTHER EXPERIENCE IN ANY OTHER STATE. I KNOW THAT NOT TO BE TRUE. I BELIEVE AS WE TALKED ABOUT SOME OF THE OTHER STATES, EXAMPLES THAT HAVE BEEN GIVEN, WE FIND WHERE THERE WERE DIFFERING SCENARIOS IN THOSE STATES AND ENTITIES. IS THERE ANYTHING THAT YOU CAN ADD TO THAT?

I DID, USING THE LINKS ON MR. LEWIS' WEBSITE, LINK TO SOME OF THE OTHER PLACES THAT HAD THIS AND I DID LOOK AT HIS ASSUMPTIONS. I THINK ONE OF THE MAIN PLACES THAT WE ARE DIFFERING IS THAT HIS ASSUMPTION IS ONLY THAT 20 TO 30% OF THE CANDIDATES WILL — WILL RUN IN THE FIRST YEAR. LOOKING AT THE LIST OF NAMES OF PEOPLE WHO HAVE RUN IN PLACES IN PRIOR YEARS, KNOWING HOW ACTIVE CITIZEN GROUPS, DIFFERENT PUBLIC OR SPECIAL INTEREST GROUPS, PUBLIC INTEREST GROUPS WE HAVE, IT'S HARD FOR ME TO IMAGINE THAT — THAT WE WOULDN'T HAVE — WOULDN'T HAVE A LITTLE BIT HIGHER PARTICIPATION IN THAT FIRST YEAR. ALSO, TO ME IT'S A LITTLE BIT DIFFERENT. EVERYTHING — EVERYBODY IS SO DIFFERENT. LOOKING AT THE CITY OF LOS ANGELES, I BELIEVE THEIR CAMPAIGNS RUN — I BELIEVE THEIR LIMIT IS OVER A MILLION DOLLARS. AND SO YOU ARE LOOKING AT SOMEBODY WHO IS GOING TO HAVE TO RAISE A LOT OF MONEY. SO THERE MAY BE SOME DIFFERENCES IN THE TYPES OF PEOPLE WHO RUN. SO THERE ARE — THERE ARE A NUMBER OF DIFFERENT WAYS THAT YOU COULD LOOK AT IT. I SPENT SOME TIME LOOKING AT THEM. I'M CERTAINLY NO EXPERT IN THIS, BUT THIS WAS JUST MY BEST SHOT AT IT.

THANKS, VICKI, I APPRECIATE IT.

THE COUNCIL — THE LEGAL STAFF [INAUDIBLE]. — HAS AN ANALYSIS THE PROPOSED CAMPAIGN FINANCE CHARTER AMENDMENTS, IT'S 11 PAGES LONG. IT HAS FOOTNOTES ON PAGES, NOW I'M TALKING ABOUT SOME OF THE DIFFICULTIES THAT WOULD BE ENCOUNTERED. ADDITIONALLY, THE — THE — THE CITIZEN PETITION HAS A PROVISION THAT THERE WILL BE A CHECK OFF ON THE UTILITY BILL, AND THAT — THAT ALSO ENTAILS INCURRING SOME COSTS TO CHANGE THE SOFTWARE. AND USUALLY WHEN YOU CHANGE THE SOFTWARE THIS THAT DEPARTMENT, THERE'S SOME EXPENSES THAT NEED TO BE PAID. I DON'T THINK THAT — I DON'T THINK THAT THOSE WOULD BE PAID BY THE UTILITY. THOSE WOULD BE PAID BY THE GENERAL FUND TO THE BEST I CAN SURMISE FOR — FOR — FOR THIS PARTICULAR SITUATION.

FUTRELL: AND I THINK VICKI TOLD YOU IN HER ASSUMPTIONS THAT WE MADE THE ASSUMPTION THAT WE WOULD NOT — WE WOULD NOT MAKE ANY MONEY OFF OF THAT CHECKOFF THAT FIRST YEAR BECAUSE OF THE PROGRAMMING COSTS AND TIME CHANGES FOR THAT. WE ALSO HAVE SOME EXPERIENCE WITH CHECKOFFS IN THE COMMUNITY. YOU KNOW, THERE ARE ALREADY TWO CHECKOFFS ON YOUR UTILITY BILL. ONE FOR TREE AND TREE PLANTING, ANOTHER FOR HELP WITH THE INDIGENT WHERE WE ARE UNABLE TO PAY THEIR UTILITY BILLS. SOME OF THE ASSUMPTIONS THAT WERE MADE ON — ON THE NUMBER OF PEOPLE WHO WOULD USE THE CHECKOFF DO NOT TRACK WHAT OUR EXISTING TRACK RECORD SHOWS US ON THE UTILITY CHECKOFF. DISCUSSION, QUESTIONS?

BASED ON THAT, I GUESS THAT I WOULD LIKE TO — I WILL MOVE THAT WE DIRECT THE CITY MANAGER TO — TO — TO COME BACK WITH A RECOMMENDATION NEXT THURSDAY FOR THE SUGGESTED INTERIM ADMINISTRATIVE FUNDING THAT'S REQUIRED FOR THE — PER THE ORDINANCE AND THAT WE — WE EITHER TAKE ACTION NEXT THURSDAY OR BE PREPARED TO POST IT FOR THE CANVAS — SPECIAL CALLED CANVASSING OF THE CITY COUNCIL MEETING.

OKAY.

MAYOR GARCIA: OKAY. I WILL SECOND THAT MOTION. DISCUSSION? COUNCILMEMBER ALVAREZ? OH, OKAY. ALL RIGHT. SECONDED BY COUNCILMEMBER ALVAREZ. DISCUSSION? ALL IN FAVOR?

AYE.

OPPOSED, NO. MOTION CARRIES ON A VOTE OF 7 TO ZERO. WITH SOME COUNCILMEMBERS IN THE CHAMBERS AND NOT AT THEIR CHAIRS RIGHT NOW. NOW TO ITEM NO. 37.

WYNN: ACTUALLY, MAYOR, IF YOU DON'T MIND I'M GOING TO PULL DOWN ITEM NO. 37. I HAD POSTED THAT THINKING THAT IT WOULD — IT WOULD HAVE BEEN NICE TO HAVE COME FORWARD WITH A — WITH A COUNCIL ORDINANCE ON CAMPAIGN FINANCE, YOU KNOW, TO ADDRESS EITHER EXPENDITURES AND/OR CONTRIBUTION LIMITS. I HAVE REALIZED THAT THAT WAS NOT GOING TO BE ABLE TO GET DONE BEFORE EARLY VOTING BEGAN. SO I SUGGEST THAT WE JUST PULL THIS DOWN AND — AND —

MAYOR GARCIA: POSTPONE INDEFINITELY MOTION TO POSTPONE INDEFINITELY?

WYNN: YES.

MAYOR GARCIA: IS THERE A SECOND? SECONDED BY COUNCILMEMBER GRIFFITH. DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE.?

AYE.

OPPOSED, NO. MOTION CARRIES, WE WILL NOW GO TO ITEM NO. 13. THE APPROVAL OF THE MINUTES FOR THE WORK SESSION OF APRIL 10TH, 2002. AND THE REGULAR MEETING OF APRIL 11TH, 2002. IS THERE ANY CHANGE — ARE THERE ANY CHANGES AND CORRECTIONS? IS THERE A MOTION FOR APPROVAL?

THOMAS: SO MOVE, MAYOR.

MAYOR GARCIA: MOTION BY COUNCILMEMBER THOMAS. SECONDED BY COUNCILMEMBER WYNN. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. THE MOTION CARRIES ON A VOTE 6-0-1 WITH THE MAYOR PRO TEM TEMPORARILY OUT OF THE ROOM.

MAYOR GARCIA: AT THIS TIME, LET ME GET THIS BACK — I WILL ANNOUNCE THAT THE COUNCIL WILL GO INTO EXECUTIVE SESSION, TO DISCUSS THE ITEMS THAT — ACTUALLY THERE'S GOING TO BE ONE ITEM THAT WE HAVE NOT DISCUSSED AND THAT'S THIS — UNDER CHAPTER 551 OF THE TEXAS GOVERNMENT CODE, THIS IS TO — TO DISCUSS MATTERS OF LAND ACQUISITION OR SALE, ACTUALLY, AND THIS IS UNDER SECTION 551.072, REAL PROPERTY, AND THE ITEM IS TO DISCUSS THE SALE OF AN INTEREST IN REAL PROPERTY ACQUIRED FOR THE BARTON SPRINGS WATER QUALITY PROTECTION WATER QUALITY PROJECT, PROPOSITION 2 OF THE MAY 2002 BOND ELECTION. AND WE ARE NOW RECESSED TO EXECUTIVE SESSION. WE WILL BE BACK ABOUT 4:00 FOR OUR TIME CERTAIN ON ZONING.

TEST TEST TEST TEST TEST TEST TEST TEST TEST TEST TEST TEST

MAYOR GARCIA: WE WILL BE GOING TO OUR FOUR OAK TIME CERTAIN — 4:00 O'CLOCK TIME CERTAIN AS SOON AS WE GET ONE MORE COUNCILMEMBER IN THE CHAMBERS. SO IF I COULD TAKE YOUR SEATS AND MS. GLASGO, WE'LL BE READY AS SOON AS WATER AND WASTEWATER GET ONE MORE COUNCILMEMBER — AS WE GET ONE MORE COUNCILMEMBER. IF THERE'S A COUNCILMEMBER WITHIN HEARING DISTANCE, IF YOU ALL COULD JOIN US HERE, WE COULD CRANK UP THIS MEETING. OKAY. WE HAVE A QUORUM OF THE COUNCIL IN THE CHAMBERS AND I'M GOING TO CALL THE REGULAR MEETING OF THE AUSTIN CITY COUNCIL OF APRIL THE 18TH BACK TO ORDER. AND WE'RE TO OUR FOUR P.M. TIME CERTAIN, ZONING HEARINGS AND APPROVAL OF ORDINANCES AND RESTRICTIVE COVENANTS. AND WE HAVE MS. ALICE GLASGO HERE FROM ZONING AND PLATTING. I'LL RECOGNIZE HER AT THIS TIME.

THANK YOU, MAYOR. I'M ALICE GLASGO, DIRECTOR OF THE NEIGHBORHOOD PLANNING AND ZONING DEPARTMENT. AND OUR ZONING CASES OR AS FOLLOWS: STARTING WITH ITEM Z1C8140 IS 0065, THE BEAR LAKE DEVELOPMENT. STAFF IS REQUESTING A POSTPONEMENT TO MAY THE 23RD.

MAYOR GARCIA: AND THE CITY MANAGER WOULD LIKE TO HAVE TWO MINUTES TO EXPLAIN. WHAT'S BEING DONE IN THE TWO MINUTES.

I KNOW THAT WE'VE HAD A GREAT NUMBER OF POSTPONEMENTS ON THIS ITEM, SO I WANTED A CHANCE TO GIVE A LITTLE BIT OF INFORMATION ABOUT WHERE WE'RE HEADED AND WHAT WE'RE DOING. WE HAVE REACHED SOME VERY PRELIMINARY TERMS AS A WAY TO SETTLE 170 HAD CLAIMS ON THE REMAINING STRATUS TRACTS OF PROPERTY. AS PART OF THIS DISCUSSION THE OWNER HAS AGREED TO NOT BRING THE BEAR LAKE PUD HEARING FORWARD AT THIS TIME AND ASKED — NOT ASK FOR A SEPARATE HEARING ON IT. SO WE ARE POPING THE BEAR LAKE PUD UNTIL MAY 23RD. THE VERY PRELIMINARY TERMS ON THE 1704 SETTLEMENT ON THE REST OF THE STRATUS TRACKS GIVE US A PROPOSAL THAT ARE AT OR BELOW S.O.S. LEVELS, THAT REDUCE THE OFFICE SQUARE FOOTAGE FROM THEIR CLAIMS BY 60%. THE RETAIL SQUARE FOOTAGE FROM THEIR CLAIMS BY 20%. AND REDUCES THE MULTI-FAMILY UNITS BY ABOUT 40%. THERE ARE A NUMBER OF OTHER BROAD COMPONENTS OF THIS PROPOSAL, INCLUDING THE DONATION OF GREEN SPACE, SOME TRAIL SYSTEMS, GREEN BUILDER STANDARDS ON WHAT IS BUILT, BUFFERS TO THE SINGLE-FAMILY, NEIGHBORHOOD SCALED RETAIL. AND I COULD GO ON AND ON AND ON. THERE ARE WEEKLY STAKEHOLDER MEETINGS. THE STAKEHOLDERS MEETING INCLUDE PROBABLY FIVE DIFFERENT NEIGHBORHOOD ASSOCIATIONS IN THE AREA. THEY ALSO INCLUDE REPRESENTATIVES FROM SOME KEY COMPONENTS OF OUR ENVIRONMENTAL COMMUNITY. WE WILL BE CONTINUING THOSE. THE CITY WILL INITIATE THE ZONING ON THIS AND WE'RE LOOKING AT ABOUT A TWO AND A HALF MONTH PROCESS. CONTINUING THE WEEKLY STAKEHOLDER MEETINGS, WHAT I HOPE TO DO IS KEEP ALL THE COUNCILMEMBERS AT LEAST WEEKLY ON WHERE WE STAND, THE DEVIL IS IN THE DETAIL. THESE ARE VERY, VERY BROAD SCOPE AGREEMENTS AT THIS POINT. I DON'T KNOW IF WE WILL BE SUCCESSFUL IF WE MOVE FORWARD WITH THIS. WE WILL BEGIN BOARDING COMMISSION REVIEW. WE WILL BE GOING TO THE ENVIRONMENTAL BOARD, THE ZONING AND PLATTING. WE WILL BE GOING TO THE URBAN TRANS BOARD. WE WILL BE DOING ALL OF THAT BEGINNING IN MAY AND WORKING THROUGH JUNE. OUR CURRENT SCHEDULE ANTICIPATES THE FIRST READING IN LATE MAY, POSSIBLY MAY 23RD. AND THAT IS WHERE WE ARE POPING THIS ITEM TO — POPING THIS ITEM TO. AND THE THIRD AND FINAL READING POSSIBLY LATE JUNE, POSSIBLY JUNE 27TH. WE ALSO HAVE A COMMITMENT AS PART OF THIS PROCESS TO HAVE A FINAL DRAFT OUT WITH NO CHANGES MADE PUBLICLY BY JUNE 14TH TO ALLOW WEEKS BETWEEN AND BEFORE THE FINAL READING ON THE ITEM. AND I GUESS PROBABLY THE ONLY OTHER THING I WOULD WANT TO MENTION IS THAT WE WILL BE BRINGING A SCHEDULE BACK TO THE COUNCIL SO EVERYONE CAN SEE TIME LINES AND TASKS AND TRACK WHERE WE ARE AT ANY POINT IN THE PROCESS.

MAYOR GARCIA: SO THIS WOULD BE CONSENT FOR POSTPONEMENT UNTIL MAY THE 25TH?

THE 23RD.

MAYOR GARCIA: 23RD. OKAY.

SLUSHER: MAYOR, I HAVE A COUPLE OF QUESTIONS OF MS. FUTRELL.

MAYOR GARCIA: COUNCILMEMBER SLUSHER.

SLUSHER: SORRY I HAD TO BE OFF EARLIER. AND I APOLOGIZE IF YOU'VE ALREADY POINTED THIS OUT, MS. FUTRELL. THIS SOUND LIKE A VERY REASONABLE PUBLIC PROCESS WHERE EVERYONE WILL HAVE A CHANCE TO COMMENT ON THIS VERY IMPORTANT ISSUE AND PROVIDE INPUT AND OPINION TO IT. NOW, AS IT STARTS, WHAT'S ON THE TABLE, THOUGH, RIGHT NOW, HOW DOES THAT — WHAT ARE THE IMPERVIOUS COVER LEVELS? ARE THEY THE SAME AS THE SAVE OUR SPRINGS ORDINANCE?

YES, THEY'RE AT OR BELOW S.O.S. LEVELS FOR THE TRACTS. AND IN MOST CASES THAT IS ON A TRACT BY TRACT BASIS. THERE ARE TWO SMALL CLUSTERS OF TRACTS WHERE THEY ARE DISCUSSING ABOVE IT, BUT EVERYTHING ELSE WILL BE TRACT BY TRACT AT OR BELOW S.O.S. LEVELS. BUT EVEN MORE DRAMATIC I THINK THAN THE IMPERVIOUS COVER IS THE REDUCTION IN DENSITY. AND THAT'S WHERE RIGHT NOW, AS THE PROPOSAL STANDS, WHEN YOU'RE CONSTRUCTION TA POSING THE 170 HAD CLAIMS WITH WHAT WE'RE TALKING ABOUT THERE'S A 60% REDUCTION IN OFFICE SQUARE FOOTAGE, A 20% REDUCTION IN RETAIL, BUT THAT RETAIL WILL BE NEIGHBORHOOD SCALE. AND A 40% REDUCTION IN THE MULTI-FAMILY UNITS.

SLUSHER: WHEN YOU SAY THE PERCENTAGE REDUCTIONS, THOSE ARE REDUCTIONS IN THEIR CLAIMS UNDER STATE GRANDFATHERING LAWS?

AND ACTUALLY EVEN FURTHER THAN THAT, BECAUSE IF YOU JUST TOOK IT STRAIGHT FROM THE 1704 CLAIMS, THE REDUCTIONS ARE WAY MORE DRAMATIC THAN THAT. BUT THERE IS A AGREEMENT THAT BE ON TOP OF THE 1704 CLAIMS, SO START THRG AS OUR BASELINE, THE 1704 CLAIMS WITH THE FISH AGREEMENT, THE REDUCTIONS OF THE 60, 20 AND 40 I'VE DESCRIBED IS FROM THAT BASELINE.

THAT WOULD BE THE U.S. FISH AND WILDLIFE SERVICE, THEY WERE ABLE TO OVERRIDE 1704 OR COAST TO A CERTAIN EXTENT. AND THAT GOT IT DOWN TO WHERE THAT WAS STILL MORE THAN S.O.S. AND NOW — SO WOULD YOU GO THROUGH THE FIGURES AGAIN WHERE IT'S LESS THAN WHAT FISH HAD APPROVED?

IT'S 60% REDUCTION IN THE OFFICE SQUARE FOOTAGE, A 20% REDUCTION IN THE RETAIL SQUARE FOOTAGE, BUT A LOT OF RESTRICTIONS ON PAD SIZE AND HEIGHTS TO MAKE IT NEIGHBORHOOD SCALED RETAIL, AND 40% REDUCTION IN THE MULTI-FAMILY UNITS. IF YOU WERE TO LOOK AT THE COMPARISONS BETWEEN THE 1704 CLAIMS AND WHAT THE PROPOSAL IS ON THE TABLE RIGHT NOW, YOU'RE LOOKING AT AN 82% REDUCTION IN OFFICE SQUARE FOOTAGE, ALMOST AN 86% REDUCTION IN RETAIL, AND A 60% REDUCTION IN MULTI-FAMILY. SO WE'RE — WE'RE COMING A LONG WAY FROM THE ORIGINAL GRANDFATHER CLAIMS ON THESE TRACTS.

SLUSHER: OKAY. THERE'S A LOT OF DISCUSSION STILL TO BE HAD, BUT I WANT TO SAY THAT I THINK YOU'VE DONE A REAL GOOD JOB AND I KNOW A LOT OF PEOPLE FROM THE ENVIRONMENTAL COMMUNITY HAVE BEEN INVOLVED IN THIS UP TO THIS POINT, AND RESIDENTS OF THE AREA AND JUST A WIDE RANGE OF PEOPLE. SO THIS IS A PROMISING DEVELOPMENT AND I LOOK FORWARD TO THE PUBLIC PROCESS.

THANK YOU.

MAYOR GARCIA: MS. GLASGO?

MOVING ON TO THE NEXT ITEM, WHICH IS Z2, C-14-0277. THIS CASE IS LOCATED AT 12700 TO 12800 NORTH IH-35 SERVICE ROAD. THE APPLICANT IS SEEKING A CHANGE FROM DR, WHICH STANDS FOR DEVELOPMENT RESERVE, SO CS, GENERAL COMMERCIAL SERVICES ZONING DISTRICT. THE ZONING AND THE RECOMMENDATION TO YOU IS TO GRANT GR-CO, WHICH STANDS FOR COMMUNITY COMMERCIAL WITH A CONDITIONAL OVERLAY. THIS CASE IS READY FOR ALL THREE READINGS. ITEM NUMBER Z3, CASE C-14-02-11, THE NALLE TRACT, LOCATED AT THE SOUTHWEST CORNER OF CAPITAL OF TEXAS HIGHWAY AND PLAZA ON THE LAKE. THIS PROPERTY IS BEING REZONED FROM INTERIM RURAL RESIDENTIAL TO SINGLE-FAMILY 2. AND THE EXISTING ZONING IS INTERIM RURAL RESIDENTIAL AND SINGLE-FAMILY 2. THE APPLICANT WOULD LIKE TO OBTAIN MUST HAVE 1 ZONING. THE ZONING AND PLATTING RECOMMENDATION HAS RECOMMENDED MULTI-FAMILY 1 ZONING ON FIRST READING.

ITEM NUMBER Z4 IS C-14—02-12, ANOTHER NALLE TRACT AT THE SAME LOCATION AS THE PREVIOUS ONE. THE CHANGE IN ZONING IS FROM SINGLE-FAMILY 2 TO MULTI-FAMILY 1. THIS REQUEST IS ALSO RECOMMENDED BY THE ZONING AND PLATTING COMMISSION WITH A CONDITIONAL OVERLAY. AND THE CASE IS READY FOR FIRST READING ONLY. ITEM NUMBER Z5, CASE C-14-02-23, LOCATED AT 6815 ENTERPRISE COURT. THE CHANGE IN ZONING IS FROM SINGLE-FAMILY 3 TO MULTI-FAMILY 2. THE ZONING AND PLATTING COMMISSION RECOMMENDS MULTI-FAMILY 2 ZONING. THIS CASE IS READY FOR ALL THREE READINGS. ITEM NUMBER Z6, C-14-02-24, LOCATED AT 6865 U.S. HIGHWAY 290 EAST. THE CHANGES IN ZONING IS FROM LR, WHICH STANDS FOR NEIGHBORHOOD CHECIAL, TO MULTI-FAMILY 3. THE ZONING AND PLATTING RECOMMENDATION IS TO GRANT MULTI-FAMILY 3 ZONING, AND THIS CASE IS READY FOR ALL THREE READINGS. ITEM NUMBER Z7, CASE C-14-02-25, LOCATED AT 7015 U.S. HIGHWAY 290 EAST AND 6921 ENTERPRISE COURT. AND ALSO 7001 U.S. HIGHWAY 290 EAST AND 7033290 EAST ALSO. THE CHANGE IN ZONING IS FROM CS, GENERAL COMMERCIAL SERVICES ZONING FOR TRACT 1 AND 3. SINGLE-FAMILY 3 ZONING IS EXISTING ON TRACT 2. AND WHAT THE APPLICANT IS SEEKING FOR ALL THOSE TRACTS THAT ARE LISTED ON YOUR AGENDA IS TO GRANT THE ZONING CHANGES THAT I RECOMMENDED BY THE ZONING AND PLATTING COMMISSION TO CS-MU, WITH A CONDITIONAL OVERLAY FOR TRACT 1, 2 AND 3, MF33 WITH A CONDITIONAL OVERLAY FOR TRACT 4. AND THIS CASE IS READY FOR ALL THREE READINGS AS RECOMMENDED BY THE ZONING AND PLATTING COMMISSION. ITEM NUMBER Z8, C-14-02-034SH, PROPERTIES LOCATED AT 4511 TO 4613 SPRINGDALE ROAD. THE CHANGE IN ZONING IS FROM SINGLE-FAMILY 2 TO SINGLE-FAMILY 6. THE APPLICANT IS REQUESTING —

MAYOR GARCIA: THIS IS COMMUNITY COMMERCIAL?

IT IS GR, COMMUNITY COMMERCIAL TO SF-6. THE CASE IS READY FOR ALL THREE READINGS TO SINGLE-FAMILY 6. THAT CONCLUDES MY PRESENTATION.

MAYOR GARCIA: SO COUNCIL, THIS IS THE WAY THAT IT LAYS OUT. Z1 IS CONSENT FOR PROAMENT TO MAY 23RD. Z2 IS CONSENT FOR ALL THREE READINGS. Z3 AND Z4 IS CONSENT FOR FIRST READING. Z5 IS CONSENT FOR FREE 3 READINGS. SO IS 6, 7 AND 8. AND WE HAVE ONE SPEAKER THAT SAYS HE WANTS TO SPEAK ONLY IF NECESSARY. YOU DON'T THINK IT'S NECESSARY, DO YOU, DAVID? OKAY. DAVID ARMBRUST WILL NOT BE SPEAKING, BUT HE IS REGISTERED IN FAVORS OF ITEMS Z3 AND Z4. QUESTIONS FOR THE STAFF? OKAY. IF NOT, I'LL ENTERTAIN A MOTION ON THE CONSENT AGENDA?

WYNN: MOVE APPROVAL, MAYOR.

MAYOR GARCIA: MOTION BY COUNCILMEMBER WYNN TO APPROVE THE CONSENT AGENDA. IS THERE A SECOND?

GRIFFITH: SECOND.

MAYOR GARCIA: SECONDED BY COUNCILMEMBER GRIFFITH. DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE — DO WE NEED TO CLOSE THE PUBLIC HEARING?

I'M SURE THAT —

YES, YOU NEED TO CLOSE THE PUBLIC HEARING.

MAYOR GARCIA: MOTION IS TO CLOSE THE PUBLIC HEARING AND APPROVE THE ITEMS.

WYNN: YES.

MAYOR GARCIA: QUESTIONS. MAYOR PRO TEM? YOU'RE JUST READY TO VOTE? OKAY. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

MAYOR GARCIA: OPPOSED NO. MOTION CARRIES. THANKS VERY MUCH. THANK YOU.

43 AND 44. ERKS OUR NEXT ITEMS ARE 43 AND 44 AND THIS IS THE BOULDIN NEIGHBORHOOD PLAN. BEFORE WE AGAIN I WOULD LIKE TO TAKE THIS OPPORTUNITY TO THANK THE ENTIRE BOULDIN NEIGHBORHOOD PLANNING TEAM AND CITIZENS WHO PARTICIPATED IN THIS PROCESS AND JUST SHARE OUR APPRECIATION FOR THEM WORKING WITH US IN A PROCESS THAT HAS ENDED UP TO BE AN AMICABLE PROCESS. WE DID NOT START OFF INITIALLY AMICABLELY, BUT I BELIEVE WE HAVE ENDED THE PROCESS IN A MANNER THAT WE CAN SAY IS — WILL BE BENEFICIAL TO THE COMMUNITY, AND WE APPRECIATE THEIR TIME AND EFFORT. SCOTT WISEMAN IS GOING TO PRESENT ITEMS 43 AND 44. HE'S A PLANNER WHO HAS WORKED WITH THE TEAM TO THE END.

I'M SCOTT WHITEMAN FROM THE NEIGHBORHOOD PLANNING AND ZONING DEPARTMENT. I WILL BE PRESENTING ITEMS 43 AND 44, THE BOULDIN CREEK NEIGHBORHOOD PLAN AND THE BOULDIN CREEK NEIGHBORHOOD PLAN COMBINING DISTRICT. THE BOUNDARIES OF THE PLANNING AREA ARE TOWN LAKE ON THE NORTH, SOUTH CONGRESS ON THE EAST, OLTORF STREET ON THE SOUTH AND THE UNION PACIFIC RAILROAD TRACKS ON THE WEST. THIS PLANNING PROCESS BEGAN IN OCTOBER OF 2000. WE'VE HELD OVER 30 PLANNING TEAM MEETINGS, ONE COMMUNITY WORKSHOP, AND A NEIGHBORHOOD SURVEY WAS DISTRIBUTED WITH A RESPONSE RATE OF OVER 20%. THE FINAL SURVEY WAS CONDUCTED IN FEBRUARY OF THIS YEAR AND 89% EXPRESSED SUPPORT FOR THE PLAN. THE PLAN INCLUDES 64 ACTION ITEMS TO IMPLEMENT ITS FOUR MAJOR GOALS, PRESERVE SINGLE-FAMILY INTERIOR, PROTECT CREEKS AND GREEN SPACES, ENCOURAGE GROWTH ON MAJOR CORRIDORS AND PROVIDE SAFE TRANSPORTATION OPTIONS. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS ITEM.

MAYOR GARCIA: ARE THERE QUESTIONS OF STAFF? WE HAVE —

WYNN: MAYOR?

WYNN: A QUICK QUESTION. THE 20% RESPONSE RATE, HOW DOES THAT COMPARE TO OTHER NEIGHBORHOOD PLANS?

SO FAR THEY'RE THE RECORD HOLDER.

MAYOR GARCIA: WE HAVE 31 PEOPLE SIGNED UP TO SPEAK. NOT EVERYBODY INDICATES THAT THEY WANT TO SPEAK. AND LET ME SEE IF I CAN GET A SENSE FROM THE PEOPLE WHO SIGNED UP. A LOT OF PEOPLE THAT SIGNED UP AGAINST SIGNED UP —

MR. MAYOR, IF I CAN ALSO DO THE PRESENTATION FOR ITEM 44, SINCE MOST PEOPLE PROBABLY SIGNED UP FOR — ON BOTH ITEMS.

MAYOR GARCIA: SOME SIGNED UP FOR 43 AND OTHERS FOR BOTH. WHY DON'T YOU DO 44 AND THAT WAY WE WILL HAVE IT ALL.

GOODMAN: MAYOR, BEFORE HE DOES THAT, CAN I LET YOU KNOW THIS THAT I'LL BE OFF THE DIAS FOR A FEW MINUTES, BUT I'LL BE MIN LNING TO THE MONITOR.

MAYOR GARCIA: OKAY. GO AHEAD, SIR.

ITEM 44 IS CASE C-14-02-31, THE BOULDIN CREEK NEIGHBORHOOD ZONING DRIB. THIS PROPOSED CHANGE WILL CREATE AN NPCD FOR THE ENTIRE AREA AND THE MIXED USE BUILDING CERTAIN TRACTS AND CHANGES THE BASE ZONING ON 102 TRACTS OF LAND. THE PLANNING RECOMMENDATION RECOMMENDED THE CHANGES AS POSTED ON THE AGENDA AND ARE DETAILED IN THE COUNCIL'S BACKUP. THERE ARE THREE TRACTS THAT WILL PROBABLY GENERATE THE MOST DISCUSSION THIS AFTERNOON. THE ISSUES ARE DETAILED ON THE PINK SHEET THAT YOU RECEIVED ON INDICT AS. — DIAS BEFORE THIS HEARING. TRACT 24 IS 900 AND 904 SOUTH SECOND STREET. THE PLANNING COMMISSION RECOMMENDED REZONING THIS TRACT TO GR, MU, CO, MP AND USES TO HOTEL, MOTEL ONLY. THIS WAS TO ALLOW THE PROPERTY OWNERS WHO OPERATE A SPIRITUAL RETREAT CENTER ON THE PROPERTY. AS A CONDITION OF APPROVAL THE PLANNING COMMISSION ASKED THAT STAFF MEET WITH THE OWNER OF TRACT 24 AND THE ADJACENT PROPERTY OWNERS TO ADDRESS ISSUES OF A CONSTRUCTION SET BACK HEIGHT AND OUTDOOR LIGHTING. THERE IS A VALID PETITION ON THIS TRACT. ALSO, TRACT 68, WHICH IS 108 WEST GIBSON. THE PLANNING COMMISSION RECOMMENDED REZONING THIS PROPERTY, WHICH IS THE SOUTH SIDE CHURCH OF CHRIST, FROM CS AND SF-3 TO MF64. THE OWNERS CONTACTED STAFF AFTER THE PLANNING COMMISSION HEARING. THEY INDICATED THAT THEY WERE INTERESTED IN A PROPERTY FOR OFF SITE PARKING AND/OR EXPANSION OF THE HOTEL. NEITHER OF THESE USES IS PERMITTED IN MF-4 ZONING. THE CHURCH HAS FILED A PETITION IN OPPOSITION TO THE ZONING CHANGE, BUT WE CANNOT CONSIDER IT VALID UNTIL WE DETERMINE WHETHER THE PERSON WHO SIGNED THE PETITION CAN BE CONSIDERED AN OWNER OF THE CHURCH. ALSO, 607 DAWSON, AT THE PLANNING COMMISSION, THIS PROPERTY OWNER REQUESTED THAT HIS PROPERTY BE REZONED TO MAKE THE EXISTING OFFICE USE CONFORMING. THE PROPERTY WAS PREVIOUSLY USED AS A LEGAL HOME OFFICE, BUT WAS UPGRADED ILLEGALLY. THE PLANNING TEAM HAS AGREED TO WORK WITH THE PROPERTY OWNER IF HE APPLIES FOR A ZONING CHANGE IN THE FUTURE, BUT IS NOT REQUESTING THAT THE PROPERTY BE REZONED AS PART OF THE NEIGHBORHOOD PLAN. THAT CONCLUDES MY PRESENTATION. I CAN ANSWER ANY OTHER QUESTIONS YOU MAY HAVE.

MAYOR GARCIA: QUESTIONS FOR STAFF? COUNCILMEMBER WYNN?

WYNN: THANK YOU, MAYOR. REGARDING TRACT NUMBER 24, PERHAPS I PREVIOUSLY HAD BEEN WORKING ON A DIFFERENT MAP, BUT IT SEEMED TO ME THERE WERE TWO TRACTS THERE. MY NOTES HAD 24 AND 25, 25 BEING IMMEDIATELY EAST ACROSS SECOND STREET TOWARDS THE — BETWEEN SECOND STREET AND THE ALLEY. IS THAT NOT A REZONING NOW?

IT IS. THOSE ARE TWO SEPARATE TRACTS. TRACT 24 IS THE ONE THAT THE PLANNING COMMISSION SPECIFICALLY SINGLED OUT AND THAT'S THE ONE THAT WOULD BE GR-MU WITH ONLY THE HOTEL MOTEL USE. THE OTHER ONE IS ALSO RELATED TO THAT TRACT, BUT IT'S GR-MU WITH — WITH SOME USES, BUT ALLOWING MORE USES THAN THAT TRACT.

WYNN: SO IS IT A ZONING CHANGE PER THIS PLAN OR NOT?

YES TRKS A ZONING CHANGE PER THIS PLAN.

WYNN: AND I GUESS THE MAP I HAVE HERE DOESN'T SHOW THAT AS A ZONING CHANGE. MAYBE. I THINK I'M LOOKING AT THE RIGHT —

TRACT 25 ARE THESE EIGHT PROPERTIES HERE JUST TO THE EAST. 25 AND 26 ARE HERE ON YOUR MAP.

WYNN: BUT IT SEEMED TO ME THE TRACT — SO WHAT YOU'RE SAYING IS WHAT WE'RE NOW CALLING TRACT 25 IS EVERYTHING FROM SOUTH FIRST ACROSS THE ALLEY ALL THE WAY TO SOUTH SECOND?

THAT'S CORRECT. IT'S EIGHT PROPERTIES.

WYNN: OKAY. PERHAPS I'LL WAIT AND HEAR SOME DISCUSSION. IT SEEMS LIKE I WOULD LIKE TO TALK ABOUT THE WESTERNMOST PIECE OF THAT, THAT IS THE HALF TRACT THAT'S WEST OF THE ALLEY. IT SEEMS TO ME THIS HAS INHERENTLY DIFFERENT CHARACTERISTICS THAN WHAT ITS OTHER COMPONENTS TO THE EAST OF THE ALLEY, BUT PERHAPS AFTER WE HEAR SOME DISCUSSION FROM THE CITIZENS WE CAN TALK ABOUT THAT. THANK YOU, MAYOR.

MAYOR GARCIA: THANK YOU, COUNCILMEMBER WYNN. FURTHER QUIZ QUESTIONS?

SLUSHER: YEAH, MAYOR. ONE THING WE HEARD DURING THE DAWSON PLAN, AND I'M CONCERNED, WE TALKED ABOUT THE OVERLAY. AND WE ONLY HAVE IT ON ONE STREET, ONE SIDE OF SOUTH FIRST STREET. SO COMPARE TO ME THE OVERLAY IN THIS ONE WITH WHAT'S IN PLACE ACROSS THE STREET.

ARE YOU TALKING ABOUT JUST THESE PROPERTIES OR THE NEIGHBORHOOD PLAN?

SLUSHER: WELL, ON SOUTH FIRST STREET IT STRETCHES — IN THE DAWSON PLAN ON SOUTH FIRST STREET IT STRETCHES DOWN THE WHOLE WAY. THERE'S AN OVERLAY. AND IN PARTICULAR ONE — ONE THING I'M PARTICULARLY CONCERNED ABOUT IS THE GAS STATIONS BECAUSE I THINK IF YOU'VE GOT ONE OF THOSE REAL GARISH, HEAVILY LIT GAS STATIONS ON SOUTH FIRST STREET, IT WOULD CHANGE THE CHARACTER OF THE WHOLE STREET. AND ON THE EAST SIDE OF SOUTH FIRST STREET, IN ORDER TO EXPAND A GAS STATION BY MORE THAN 20%, YOU WOULD HAVE TO HAVE A CONDITIONAL OVERLAY, SO THAT GIVES THE NEIGHBORHOOD A VOICE AND NOTIFICATION. AND WHETHER OR NOT THAT'S GOING TO HAPPEN. AND I WANT THAT TO BE IN PLACE ON THE OTHER SIDE OF SOUTH FIRST STREET TOO SO YOU HAVE EQUAL REGULATIONS THERE AND EQUAL PROTECTION.

ON OLTORF STREET, WHICH IN BOULDIN, THE OPPOSITE SIDE OF THE DAWSON NEIGHBORHOOD PLANNING AREA, THE CONDITIONAL OVERLAY IS THE SAME AS THE ONE THAT WAS EVENTUALLY ADOPTED BY COUNCIL FOR DAWSON. BUT IN BOULDIN FOR SOUTH FIRST THE CONDITIONAL OVERLAY DOES NOT PUT IN ANY USES OIRN GENERAL RETAIL, WHICH IS GREATER THAN 20,000 SQUARE FEET IN FLOOR AREA.

SLUSHER: WELL, I HEARD SOME OF THE PLANNERS TALK ABOUT THAT, BUT I'M — I WOULD LIKE TO SEE THE SAME THING ON BOTH SIDES OF THE STREET OR HEAR WHY THAT'S NOT A GOOD IDEA, IF FOLKS DON'T THINK THAT'S A GOOD IDEA. THAT'S ALL I HAVE, MAYOR.

MAYOR GARCIA: FURTHER QUESTIONS FOR STAFF? OKAY. WE HAVE 32 SPEAKERS, 32 PEOPLE SIGNED UP TO SPEAK. NOT EVERYBODY WANTS TO SPEAK. I HAVE TWO SPEAKERS THAT HAVE HAD SOME TIME DONATED TO THEM. WHEN YOU COME UP, IF YOU KNOW OF SOMEONE THAT DONATED TIME TO YOU, LET ME KNOW SO I CAN PULL YOUR CARD AND PULL THAT OTHER PERSON'S CARD AND PUT IT TOGETHER WITH YOURS. THE FIRST SPEAKER IS MR. RICK HALL. MR. HALL?

SLUSHER: MAYOR, I NEED TO MAKE A QUICK CORRECTION TO WHAT I WAS SAYING. THE DAWSON PLAN IS FURTHER SONG, SO YOU WOULD STILL HAVE THAT SITUATION. YOU STILL HAVE THAT SITUATION, WHERE THE ONE SIDE OF THE STREET IS DIFFERENT. BUT I WOULD STILL MAKE THE SAME POINTS ABOUT THE — ABOUT THE GAS STATION ALONG SOUTH FIRST ON THIS SECTION ON BOTH SIDES BECAUSE THAT WOULD BE A CONCERN OF MINE. I ALREADY HAD TO DEAL WITH ONE TWO YEARS AGO WHERE THEY PUT IN A GAS STATION. I WON'T NAME THE COMPANY, BUT ON LAMAR, AND IT WAS GOING TO BRING LIGHT UP — LIGHT UP HOUSES IN THE BOULDIN NEIGHBORHOOD FROM LAMAR. AND WE DID WHAT WE COULD WITH THE LIMITED REGULATORY AUTHORITY WE HAD. SO I DON'T WANT TO MISS THE OPPORTUNITY TO GIVE THE NEIGHBORS A SAY IN THAT KIND OF THING POTENTIALLY HAPPENING ON SOUTH FIRST STREET BECAUSE LIKE I SAID, I THINK THAT WOULD SERIOUSLY CHANGE THE CHARACTER OF THE STREET.

MAYOR GARCIA: THANK YOU, COUNCILMEMBER. MR. RICK HALL. FOLLOWING MR. HALL, MR. JIM WALKER IS — DOES NOT WISH TO SPEAK, BUT HE'S REGISTERED IN FAVOR OF. AND MR. CLARK HAMMOND DOES NOT WISH TO SPEAK, BUT REGISTERED IN FAVOR OF THE SOUTH RIVER CITY CITIZENS SUPPORTS THE BOULDIN CREEK NEIGHBORHOOD PLAN. AND MR. BRYAN KING DOES NOT WISH TO SPEAK. HE'S REGISTERED FOR. PLEASE CONTINUE NEIGHBORHOOD PLANNING OVER 18 MONTHS. DON'T STREAMLINE THE TIME NEEDED. MR. PENA REGISTERED NOT WISHING TO SPEAK, IN FAVOR OF, AND I'LL READ THIS. [ INAUDIBLE ] AS PRESIDENT OF THE NEIGHBORHOOD — OF THE NEIGHBORING GLIN DOUGH NEIGHBORHOOD ASSOCIATION, WE PARTICIPATED IN THE BEGINNING OF THE BOWD INNEIGHBORHOOD PLAN AND YOU[ INAUDIBLE ] TO SUPPORT THE NEIGHBORHOOD PLAN. AND THE NEXT SPEAKER IS AFTER YOU, MR. HALL, IS MARGARET BALL LANDER. MR. HALL, WELCOME.

GOOD AFTERNOON COUNCILMEMBERS, I'M A MEMBER OF THE BOULDIN CREEK PLANNING TEAM. I WAS AT EVERY MEETING EXCEPT FOR ONE. ONE TIME I CAME UP HERE AND A FORMER MAYOR CHASTISED ME, SAID I WASN'T TRYING TO USE THE RULES BECAUSE I 'WANTED TO USE THE MINUTES WITH MY NEIGHBOR. I NOTICE THAT WE NOW ALLOW OTHER PEOPLE TO USE OTHER PEOPLE'S MINUTES. I GUESS WE'RE BACK PAYING ATTENTION TO THE RULES BECAUSE THE RULES ARE SO IMPORTANT. AT THE BEGINNING OF THE PLANNING TEAM A RULE WAS BROKEN. WE MADE SOME RULES ON HOW WE WERE GOING TO GOVERN OURSELVES UNTIL WE PICKED A CHAIR. WE WERE GIVEN DEFINITIONS BY THE CITY AS TO THE WAYS TO GOVERN VOTING, DICTATOR SHIPS, CONSENSUS, UNANIMOUS CONSENSUS OF ONE, MEANING THE GENERAL CONSENSUS AND SOMEBODY COULD BOW OUT. MANY OF US DID NOT WANT TO INITIATE THIS PLANNING WITH THE CITY. THAT'S HAPPENED IN OTHER NEIGHBORHOOD ASSOCIATIONS. I'M NOT GOING TO SAY WE'RE THE ONLY PEOPLE WHO HAVE WANTED TO DO THAT. SO WHAT I SUGGESTED TO THEM WAS THAT WE RULE BY CONSENSUS UNANIMOUS. AND THEY WENT FOR IT. AND WE AGREED TO IT, MEANING EVERYONE HAD TO AGREE TO SIGN THE MEMORANDUM OF UNDERSTANDING. WHEN IT CAME TO FIND OUT WHETHER OR NOT WE WERE GOING TO SIGN THE MEMORANDUM OF UNDERSTANDING, TWO OF US DID NOT AGREE TO SIGN THE MEMORANDUM OF UNDERSTANDING. UNDER THE RULES YOU COULD NOT SIGN THAT MEMORANDUM OF UNDERSTANDING, HOWEVER, IT HAS BEEN PROJECTED TO Y'ALL AS IF THE MEMORANDUM OF UNDERSTANDING WAS SIGNED UNDER THE RULES. NO SUCH THIJ OCCURRED. AND THAT SET A PRECEDENCE. THE NEXT TIME THE RULES GOT BROKEN WE DECIDED TO SWITCH TO ROBERT'S RULES OF ORDER, WAS TO DECIDE WHERE THE BORDER FOR PLANNING AREA WAS TO BE SET. THE CITY HAD COME IN TELLING US THEY WERE RECOMMENDING THAT WE SET IT AT LAMAR, THE WEST SIDE, SOUTH LAMAR. IT WOULD BE THE WEST BORDER. A VOTE WAS TAKEN AT ONE MINUTE TO 8:00 O'CLOCK, ONE OF OUR OTHER RULES WAS THAT WE QUIT ON TIME. IN OTHER WORDS, THEY TRY TO RUSH A VOTE AT THE END OF THE MTING. WHEN THE VICE CHAIRMAN SAW WHAT WAS GOING ON, HE IMMEDIATELY CALLED UNDER ROBERT'S RULES OF ORDER FOR AN ADJOURNMENT, WHICH WAS PROMPTLY SECONDED, AND THE CHAIR CONTINUED ON TALKING AS IF WE DID NOT EXIST. AND UNDER ROBERT'S RULES OF ORDER, ALL OTHER PROCEEDINGS HALT AND ANYTHING DONE AFTER THAT IS DONE ILLEGALLY. THAT VOTE WAS THEN TAKEN AND PRESENTED TO THE BUSINESS NUMBERS ON SOUTH LAMAR, ALONG WITH THE NEWS FROM OUR CHAIR THAT A LEGAL VOTE HAD BEEN CONDUCTED AND WE AGREED THAT THE ACTUAL BORDER SHOULD BE SET AT THE RAILROAD TRACKS. AND THAT IS WHAT IS DOWN IN THIS PLAN. SO I'M JUST HERE TO TELL YOU THAT IF YOU WERE ACTUALLY GOING TO FOLLOW RULES, IF WE WERE ALL GOING TO FOLLOW RULES THAT WE ALL AGREED TO, THEN YOU BROKE THOSE RULES. AND YOU DON'T HAVE A LEGALLY SIGNED MOU. THANK YOU.

MAYOR GARCIA: MARGARET. AND FOLLOWING HER IS TOM HEARD.

WYNN: MAYOR, I WANT TO REMIND FOLKS I WILL BE TEMPORARILY OFF THE DYE DEU AS, BUT WE CAN — DAIS, BUT WE CAN HEAR AND EVEN SEE THE TESTIMONY WHILE WE'RE OFF THE DIAS.

MAYOR GARCIA: WELCOME.

YES. YOU INTRODUCED MY. I'M MARGARET. I'M THE OWNER OF THE TWO PARCELS, NUMBER 24 AND 25, ON YOUR LIST. AND ONCE UPON A TIME I HAD A DREAM, ALONG WITH MARTIN LUTHER KING, JR. AND I FOUND THIS FABULOUS PROPERTY IN DOWNTOWN AUSTIN THAT IMMEDIATELY I THOUGHT, THIS IS DOWNTOWN. I CAN'T BELIEVE IT. IT LOOKS LIKE IT'S 40 MILES OUT. AND JUST RIGHT AWAY I THOUGHT, WHAT A WONDERFUL THING TO HAVE A RETREAT CENTER THERE WHERE PEOPLE COULD COME THAT WOULDN'T HAVE TO DRIVE THEIR CAR WAY OUT AND THEY COULD COME TO IT AND JUST HAVE A RETREAT THAT WOULD BUILD THEM UP SPIRIT ACTUALLY. SO OVER TIME I GOT SOME PROPERTIES TOGETHER AND I WENT THROUGH AUSTIN'S LAND. IF ANY OF YOU REMEMBER THAT. I WENT THROUGH FIVE YEARS OF IT AND GOT, YOU KNOW, WHAT I WANTED SO I COULD DO MY RETREAT CENTER. AND THEN IT WAS NOT IMPLEMENTED. SO THEN I STUMBLED THROUGH THE REAL ESTATE COLLAPSE, SO NOW I'VE GONE BACK TO SQUARE 1 TWICE. AND THAT FINALLY GOT OVER WITH. AND THEN WE STARTED ON THIS NEIGHBORHOOD PLAN. NOW, THAT'S GOING BACK TO SQUARE ONE AGAIN. SO WE WORKED IT ALL OUT. IT WENT ON FOR 18 MONTHS AND I WAS WORKING WITH IT FOR ABOUT A YEAR INFORMALLY BEFORE THEN. SO WE OVER THIS TIME, WE'RE ALL SUFFERING TOGETHER, WE WROTE A PLAN. AND WE DIDN'T HAVE ANY OPPOSITION TO SPEAK OF EXCEPT THE USUAL STUFF. SO THEN WE BRING IT TO THE PLANNING COMMISSION. WELL, THEN UP POPS THIS PERSON, WILLIAM BURKE HEART I THINK HAZARD E IS, HAVING BEEN TO NO PLANNING MEETINGS, EVEN THOUGH THEY'VE BEEN NOTIFIED SEVERAL TIMES TO PLEASE COME. AND HE OBJECTS. AND TO MY PART — TO MY PART OF IT. WELL, THE PLANNING COMMISSION TOOK A VOTE AND THEY DECIDED THAT I WOULD DO A SETBACK. AND ALL WE HAD TO DO WAS THE OPPOSING PARTY AND MYSELF TO GET TOGETHER ON SET BACKS. SO I SAID OKAY. I WENT TO THE MEETING. I THOUGHT IT WAS — IT WAS A SETBACK. I THOUGHT THAT WAS WHAT IT WAS ALL ABOUT. SO I GAVE THOSE FOLKS 40,000 SQUARE FEET OF SET BACK, ALMOST AN ACRE. WELL, THEN I FOUND OUT THAT THAT WAS ONLY THE BEGINNING. THEY HAD A LONG LAUNDRY LIST OF OTHER THINGS THAT THEY WANTED ME TO AGREE TO. I DIDN'T EVEN KNOW WHAT IT WAS ALL ABOUT. AND FAR AND HOW MANY CARS YOU ARE GOING TO HAVE COMING. AND THE VERY FIRST THING FROM THE GIT-GO WAS TOM HURT SAID NOW, MA'AM, YOU'RE A DEVELOPER. [ BUZZER SOUNDS ] AND I'M NOT — THAT'S NOT IT, IS IT?

MAYOR GARCIA: WELL, I WAS GOING TO ASK MARY MARGARET IF SHE WANTED TO GIVE YOU SOME TIME.

I WOULD —

MAYOR GARCIA: PUT THREE MORE MINUTES UP THERE.

I CAN'T BELIEVE THREE MINUTES IS OVER. I JUST STARTED. [ LAUGHTER ]

MAYOR GARCIA: TIME FLIES WHEN YOU'RE HAVING FUN. START IT AGAIN AT THREE MINUTES, PLEASE. THERE YOU GO.

GO AGAIN? OKAY. WHERE WAS I? OKAY. TOM HURT SAID YOU'RE A DEVELOPER AND I SAID NO, — I SAID NO, I'M NOT. HE SAID WELL, I'M GOING TO CALL YOU JUST WHAT YOU ARE, YOU'RE A DEVELOPER. AND I SAID I'VE NEVER BUILT ANYTHING IN MY LIFE EXCEPT MY HUSBAND AND I IN 1963 BUILT A HOUSE FOR OURSELVES AND OUR SIX CHILDREN. THAT'S IT. WELL, IT WENT ON FROM THERE. I MEAN, I'LL JUST TRY AND TOUCH ON A FEW THINGS. HE SAID, WELL, IT WOULD INCREASE TRAFFIC IN HIS NEIGHBORHOOD. WELL, IN HIS NEIGHBORHOOD HE WOULD HAVE TO DRIVE OVER A 30 FOOT BLUFF AND OVER THE CREEK TO GET TO THIS. I MEAN, IN OTHER WORDS, YOU WOULD HAVE TO GO ABOUT A MILE IN EITHER DIRECTION TO GET TO IT. NO WAY TO DEBT FW THROUGH. WELL, HE HAD TO PUT THAT ON THE SHELF. AND THEN IT WAS — I'M TRYING TO THINK OF ALL THE STUFF. THAT I — OH. HE SAID AND YOU'RE GOING TO PUT IN A PARKING LOT. AND I THOUGHT, OF COURSE I'M NOT GOING TO PUT IN A PARKING LOT. EVERYBODY IS GOING TO WALK TO IT OR RIDE THE BUS. I MEAN, YEAH, A PARKING LOT. AND THEN FINALLY THIS IS AN HOUR AND A HALF MEETING TO BEGIN WITH, I COME BACK ANOTHER HOUR AND A HALF MEETING, AND HIS WIFE SAYS — THIS IS THREE ACRES THAT THEY CAN LOOK DOWN OF GREEN TREES THAT I PAID FOR, I PAY THE TAXES ON AND DEAL WITH THE HOMELESS PEOPLE THAT CAMP ON IT, AND SHE SAID, NOW, MA'AM, YOU KNOW, THERE'S WILDLIFE IN THERE AND SE SHE HAD I UNDERSTAND THERE ARE SOME FOXES RUNNING THROUGH THERE. SHE SAID NOW, WHEN YOU BUILD SOMETHING ON THERE, IT'S GOING TO DISTURB THAT WILDLIFE. THIS IS PROPERTY IN DOWNTOWN AUSTIN. WELL, BY THAT TIME MY EYES ARE ROLLING BACK IN MY HEAD. I DON'T EVEN KNOW WHAT MY NAME IS ANY MORE. AND I COME OUT OF THERE AND I HAVE BEEN RUN OVER BY A TRUCK. I STAYED AWAKE ALL NIGHT. I MEAN, I TURNED THIS NIGHT SOOEUD AND THAT SIDE. BUT IN THE MORNING I FINALLY GOT UP AND I GOT THIS LIST OF THINGS THEY ALL WANT ME TO AGREE TO. AND I READ DOWN AND, I MEAN, I'M — NO. I MEAN, I CAN'T. SO I CALLED THE PLANNING COMMISSION CHAIRMAN AND I SAID WHAT WAS I SUPPOSED TO DO? I MEAN, I DON'T KNOW. WHAT WAS THE DEAL? I MEAN, A SETBACK? AND HE SAID YES. AND I SAID WELL, I'M IN ALL THIS STUFF. I DON'T KNOW WHAT FAR IS, HOW MANY TRIPS ARE GOING TO BE A DAY AND WHAT ARE THE ARCHITECTS — ONE OF THE OPPOSITION SAID, WELL, HE WANTED LIGHTING THAT WOULD — HE WOULD PREFER IT JUST ON THE GROUND, BUT MAYBE IT COULD BE 24 INCHES HIGH. I MEAN, ALL THIS STUFF. AND I THOUGHT, BOY, IF I SIGN OFF ON ALL OF THIS, I'LL — AND THEY WERE JUST LIKE, NOW, GRANNY, IF YOU'LL JUST SIGN ON IT. I'M 78 YEARS OLD, 78. I KNOW I LOOK ONLY 20, BUT I AM 78. NOW, IF YOU WILL SIGN OFF ON ALL OF THIS, WE'LL JUST ALL BE VERY HAPPY AND WE CAN ALL GO HOME AND YOU CAN QUIT SUFFERING. AND I THOUGHT SURE. [ BUZZER SOUNDS ] WELL, ANYWAY, I HAD A DREAM. I DON'T KNOW IF I'LL GET TO THE PROMISE LAND OR NOT, BUT I'M TRYING. THANK YOU.

MAYOR GARCIA: THANK YOU. TOM HURT? AND FOLLOWING MR. HURT IS WILLIAM BURKHART. WELCOME, SIR.

THANK YOU. MY NAME IS TOM HURT AND I JUST WANTED TO SET SOMETHING STRAIGHT VERY QUICKLY HERE. WE IS NOT SEND A LIST TO HER. THE LISTS WERE BROUGHT UP BY THE CITY. AND WE WERE VERY DISTURBED BY WHAT WAS ON THE LIST AS WELL. THERE WERE A LOT OF THINGS THAT WE FELT WERE PERHAPS OUT OF THE RANGE OF WHAT WE THOUGHT WAS REASONABLE FOR A RETREAT ON THAT SITE. MY WIFE AND I OWN A LOT AND LIVE IN A HOUSE AT 800 CHRISTOPHER STREET WHICH IS ADJACENT TO LOT 24. THE TRACT OF LAND FOR WHICH A HOTEL MOTEL ZONING IS BEING SOUGHT. WHICHE STRONGLY IN FAVOR OF THE BOULDIN CREEK NEIGHBORHOOD PLAN AN WE ARE STRONGLY IN FAVOR OF THE BOULDIN NEIGHBORHOOD PLAN REZONING, WITH THE EXCEPTION OF TRACT 24. SINCE FALL OF LAST YEAR WE HAVE BEEN TOLD THAT NO HOTEL WOULD EVER BE BUILT ON TRACT 24, BUT INSTEAD A RETREAT, A RETREAT THAT WOULD HAVE A MINIMAL IMPACT ON THE NATURAL BEAUTY OF THE SITE. WE HAVE SINCE LEARNED THAT A DEVELOPMENT ON THIS PROPERTY IS REZONED AS WE UNDERSTAND IS REQUESTED, AND THE BEST OF OUR UNDERSTANDING, COULD BE FROM 30,000 SQUARE FEET TO 40,000 SQUARE FEET, APPROXIMATELY THE SIZE OF THE HOMESTEAD INN ON SOUTH FIRST AND BARTON SPRINGS. AND IT COULD REACH 600 FEET OR MORE INTO OUR VERY QUIET AND VERY NATURALLY BEAUTIFUL NEIGHBORHOOD. ZONING PROPOSAL FOR TRACTS 24 DOES NOT FIT WITH THE OBJECTIVES OF THE NEIGHBORHOOD PLAN. GOAL 1 OF THE PLAN, MAINTAIN ESTABLISHED NEIGHBORHOOD CHARACTER AND ASSETS. OBJECTIVE 1.1, MAINTAIN THE SINGLE-FAMILY CHARACTER OF THE NEIGHBORHOOD. GOAL 2 IS TO PROTECT AND ENHANCE CREEKS AND OPEN SPACES. WE REQUEST YOU TO TAKE 24 OFF THE BOULDIN CREEK NEIGHBORHOOD PLAN REZONING. IF PURSUED, ZONING REQUESTS FOR THOSE TRAC?? SHOULD GO THROUGH THE STANDARD ZONING APPLICATION PROCESS. WE'RE MEMBERS OF THE NEIGHBORHOOD AND ADJACENT PROPERTY OWNERS ARE ABLE TO EVALUATE THE IMPACT OF A SPECIFIC PROPOSED SITE PLAN WHICH OUTLINES THE INTENTIONS OF THE DEVELOPER. WE ARE NOT OPPOSED TO DENSITY IN OUR NEIGHBORHOOD, BUT WE DO BELIEVE ANY INCREASE IN DENSITY SHOULD BE WELL CONSIDERED AND IT SHOULD BE GOOD DENSITY. CONCERNING TRACT 24, COMMERCIAL ZONING FOR TRACT 24 WOULD CONTINUE A COMMERCIAL USE AS DENSITY WEST AT SECOND STREET APPROXIMATELY 475 FEET OR 275 FEET IF THERE WERE THE SETBACKS INTO THE NEIGHBORHOOD. THIS WOULD NEGATIVELY IMPACT THE RESIDENTIAL CHARACTER OF SECOND STREET, BUT MORE IMPORTANTLY THIS ZONING FOR TRACT 24 WOULD ADD GREATER LEVELS OF NOISE, LIGHT, EXHAUST, POLLUTION TO THE NEIGHBORS TO THE WEST AND TO THE SOUTH, THAN WOULD THE ESTABLISHED SF-3 DEVELOPMENT POTENTIAL CURRENTLY ALLOWABLE IN THIS INTERIOR PART OF OUR NEIGHBORHOOD. EVEN ALLOWING FOR A 200 FOOT SET BACK FOR THE HOTEL MOMENT DEVELOPMENT ON TRACT 54, TRACT 24 AND 25, WHICH SHE ALSO OWNS, WOULD CONSTITUTE A FINGER OF COMMERCIAL ZONING THAT REACHES APPROXIMATELY 600 FEET INTO THE NEIGHBORHOOD. MOST TRACTS SLATED FOR COMMERCIAL ZONING ON SOUTH FIRST STREET IN THIS PLAN EXTEND LESS THAN 200 FEET. A FEW EXCEPTIONAL TRACTS EXTEND AROUND 300 FEET. [ BUZZER SOUNDS ] THIS ONE GOES 600 FEET. I HAVE ANOTHER 30 SECONDS IF I COULD SPEAK.

MAYOR GARCIA: SURE.

SHORTLY AFTER A SEPTEMBER 24 PLANNING TEAM MEETING WHERE THE ZONING CHANGE BECAME PART OF THE PROPOSED PLAN, MY WIFE AND I ATTENDED A MEETING WHERE WE SAW THE HOTEL MOTEL ZONING PROPOSAL. BECAUSE WE WERE ASSURED BY CITY STAFF THAT THE GOAMENT WOULD BE A RETREAT WITH MINIMAL IMPACT ON THE NEIGHBORHOOD IN TERMS OF BUILDING MASS AND THE NATURAL BEAUTY OF THE CREEK BADGES, WE DID NOT OPPOSE THE PROPOSAL FOR TRACT 24 AT THAT TIME. AS THE PLANNING COMMISSION DIRECTED US TO NEGOTIATE BUILDING SETBACKS WITH THE PROPERTY OWNER. IN THOSE ATTEMPTS WE SAW THAT THE DENSITY FOR TRACT 24 WAS FAR GREATER THAN IN OUR MIND WHEN WE HEAR THE WORD RETREAT. WHAT IS BEING SOUGHT IS THE RIGHT TO BUILD A VERY LARGE COMMERCIAL BUILDING IN THE HEART OF OUR NEIGHBORHOOD. WE THINK THAT THE DENSITY SHOULD FOLLOW THE GOALS AND EXAMPLES OF THE NEIGHBORHOOD PLAN. TRACTS 24 AND 25 ARE EXCEPTIONAL TRACTS IN THE PLANNING BECAUSE THEY REACH SO FAR INTO A NEIGHBORHOOD. THEY ARE SO EXCEPTIONAL TO THE PLAN, WE BELIEVE IF SHE WANTS TO BRING A ZONING PROPOSAL BEFORE THEM, SHE SHOULD GO THROUGH THE PROCESS OTHER THAN THE NEIGHBORHOOD PLAN. [ BUZZER SOUNDS ] THANK YOU VERY MUCH.

MAYOR GARCIA: THANK YOU. MR. WILLIAM BURKHART. AND FOLLOWING HIM IS CATHERINE TOBO. WELCOME, SIR.

COUNCIL. I WANT TO MAKE TWO POINTS TODAY. FIRST, THAT IT IS REASONABLE TO QUESTION THE PROCESS WITH RESPECT TO TRACT 24. AND SECOND, THAT THE NEIGHBORHOOD PLAN IS NOT AN APPROPRIATE VEHICLE FOR SUCH A SIGNIFICANT CHANGE. ON ITS PROCESS. PREVIOUSLY I TOOK NOTE OF THE PROPOSAL TO REZONE TRACT 24 IN NOVEMBER OF 2001. BUT I THOUGHT THE CHARACTERIZATION THEN WAS REASONABLE. IT WAS THE DEVELOPMENT OF A SMALL SCALE RETREAT CENTER. LATER WHEN THE SUMMARY WAS DISTRIBUTED IN FEBRUARY, I WROTE AN E-MAIL TO STAFF VOICING MY CONCERNS. I RECEIVED A RESPONSE THAT AGAIN MADE THE PROPOSAL SEEM REASONABLE. THE IDEA THAT IT WAS GOING TO HAVE A 35-FOOT HEIGHT LIMIT AND ONLY SINGLE-FAMILY OR DUPLEX USES. I WAS ALSO ASSURED THAT I WOULD RECEIVE AN OFFICIAL NOTICE BEFORE ANY ZONING CHANGES WOULD TAKE PLACE. IT WAS SPECIFICALLY STATED THAT THE PLAN DOESN'T CHANGE ANY ZONING, BUT FUTURE ZONING CHANGES WOULD BE BASED ON IT. BY THE TIME THE COMMISSION — BY THE TIME OF THE COMMISSION HEARING THREE WEEKS AGO, THE HEIGHT LIMIT HAD BECOME 45 FEET AND THE SMALL SCALE RETREAT CENTER COULD CONCEIVABLY BE A BUILDING OF 40,000 SQUARE FEET AND HAVE NEARLY AN ACRE OF IMPERVIOUS COVER. THE POINT HERE IS, EVEN IF THE PROPOSAL HAD CHANGED SIGNIFICANTLY AND THE STAKEHOLDERS HAD NOT BEEN NOTIFIED OR THE CRACKIZATIONS AND THE RESPONSES WERE AT BEST INACCURATE, IT'S REASONABLE TO QUESTION THE PROCESS. TO MY SECOND POINT THAT THE NEIGHBORHOOD PLAN IS NOT AN APPROPRIATE VEHICLE FOR SUCH SIGNIFICANT CHANGE, DURING THE FINAL REMARKS AT THE PLANNING COMMISSION HEARING, COMMISSIONER HAM STATISTIC STATED THAT THE PRESSURE WE'VE BEEN THROUGH NOTHING LIKE WE'RE GOING TO GET. APPROVAL OF TRACT 24 REZONING WILL PUT EXACTLY THE TYPE OF PRESSURE ON THE NEIGHBORHOOD THAT HAVING A PLAN IS DESIGNED TO PREVENT. IF REZONING OF THIS TRACT IS APPROVED, WE ARE ALLOWING NEW COMMERCIAL DEVELOPMENT ON INTERIOR SINGLE-FAMILY PROPERTIES AGAINST THE SPECIFIC GOALS OF THE PLAN. LAST, A SPECIFIC CONCERN. STAFF HAS AGREED TO A 10-FOOT SET BACK ON SOUTH SECOND STREET, WHICH IMPLIES THAT PARKING WILL BE LOCATED TO THE REAR. WELL, PARKING TO THE REAR OF COMMERCIAL DEVELOPMENT IS MENTIONED IN THE NEIGHBORHOOD PLAN, IT WAS THE INTENT THAT IT BE APPLIED TO HIGH TRAFFIC ARTERIALS, TO USE BUILDINGS AS A BUFFER TO SCREEN THE NOISE AND ACTIVITY OF THOSE ARTERIALS FROM THE NEIGHBORHOOD INTERIOR. IN THIS CASE THE PROPOSED REZONING WILL BRING BOTH THE ARTERIAL AND THE ACTIVITY TO THE NEIGHBORHOOD INTERIOR. ADDITIONAL IMPLICATIONS OF THIS APPROACH ARE THE LOCATION OF TRASH DUMPSTERS, BUILDING SERVICES AND NOISE GENERATING MECHANICAL EQUIPMENT. FURTHER, THERE WILL BE THE ADDITIONAL IMPACT OF AREA LIGHTING TO AN ESTABLISHED SINGLE-FAMILY RESIDENTIAL AREA AND LAST, THE IMPACT OF IMPERVIOUS COVER ON A UNIQUE AUSTIN GREENBELT WILL BE ALL OUR LOSS. [ BUZZER SOUNDS ] THE NEIGHBORHOOD PLAN IS NOT AN APPROPRIATE VEHICLE FOR SUCH SIGNIFICANT CHANGE. THANK YOU.

MAYOR GARCIA: THANK YOU. CATHERINE TOBO? AND FOLLOWING HER, ERIC EINSTEIN — EISENSTEIN.

THANK YOU. MY NAME IS KATHY TOBO. I LOVE WITH MY HUSBAND, TOM HURT. WE SUPPORT THE BOULDIN NEIGHBORHOOD PLAN AND THE ZONING CHANGES CONTAINED WITHIN THE PLAN, WITH THE EXCEPTION OF TRACT 24. AND I'M ALSO QUITE CONCERNED ABOUT THE SOUTH SECOND CORRIDOR OF TRACT 25. THE PROPOSED COMMERCIAL REZONING OF TRACT 24 AND 25 WILL CHANGE THE CHARACTER OF OUR NEIGHBORHOOD ALONG CHRISTOPHER STREET AS WELL AS THE CHARACTER OF SOUTH SECOND STREET, A QUIET, SECLUDED STREET IN A MORE THAN 90-YEAR-OLD NEIGHBORHOOD. AND WE'VE GIVEN YOU IN YOUR PACKET SOME PHOTOGRAPHS OF SOUTH SECOND STREET AND ALSO I BELIEVE THERE ARE SOME SHOTS FROM THE CREEK LOOKING UP AT THE PROPERTY IN QUESTION ALONG TRACT 24. THIS NEIGHBORHOOD ALONG SOUTH SECOND STREET WILL ALSO SUFFER A SIGNIFICANT LOSS OF RENTAL HOUSING AS MOST OF THE RESIDENTS OF THE SINGLE-FAMILY HOUSES ARE TENANTS, SOME OF WHOM HAVE BEEN THERE MORE THAN 10 YEARS. AS TOM SPLIEND, OUR FEARS WERE ALAID WHEN WE WERE TOLD BY CITY STAFF AT A FALL MEETING OF THE OWNER'S INTENTIONS TO BUILD A CATHOLIC RETREAT CENTER, BUT FIT INTO THE NEIGHBORHOOD CHARACTER AND THE CLIFFS AND BANKS OF BOULDIN CREEK. HOWEVER, AS COMMISSIONER ARMSTRONG SAID AT THE MARCH 27TH PLANNING BOARD MEETING, AS ADJACENT PROPERTY MEMBERS WE HAVE A LEGITIMATE CONCERN THAT THE DESIGNATION OF HOTEL MOTEL, AND I'M QUOTING HERE FROM COMMISSIONER ARMSTRONG, IS KIND OF A BLANK CHECK, END QUOTE. AND OTHERS ALSO RAISED CONCERNS. WHEN THIS CAME UP AT A SEPTEMBER 24TH MEETING, THE PLANNING TEAM'S DECISION RECORD STATES, AND I'M QUOTING HERE, OVERALL THE TEAM FELT MORE COMFORTABLE REZONING SOUTH FIRST THAN THEY DID SOUTH SECOND. MARGARET AND OTHER PROPERTY OWNERS FAILED IN A 1981 ATTEMPT TO GET THE CITY COUNCIL TO ZONE SINGLE-FAMILY PARCELS OF LAND ALONG SOUTH SECOND AND THE CREEK, SOME OF THE SAME PARCELS THAT ARE IN QUESTION HERE. AND THIS WAS NOT TO BUILD A RETREAT, BUT TO BUILD A HIGH DENSITY CONDOMINIUM DEVELOPMENT. THAT IS NOW — THEN AS NOW NEIGHBORS VOICED CONCERNS ABOUT THE IMPACT ON THE SURROUNDING NEIGHBORHOODS AS WELL AS ON BOULDIN CREEK AND ON AN AREA THAT HAD BEEN INDICATED AS A SIGNIFICANT AUSTIN AREA IN THE AUSTIN PLAN WAS. THIS WAS THE EARLIER AUSTIN TOMORROW PLAN THAT DID PASS AND WAS IMPLEMENTED, NOT THE LATER PLAN THAT SHE MENTIONED. THE CITY COUNCIL'S DECISION TO DENY THIS EARLIER ZONING REQUEST ALLOWED SOUTH SECOND TO DEVELOP AND TO REMAIN AS A QUIET STREET WITH MODEST HOUSES AND IMPRESSIVE NATURAL BEAUTY, MUCH LIKE OUR OWN STREET ON CHRISTOPHER. OUR REQUEST FOR MORE INFORMATION DURING OUR TWO MEETINGS WITH THE PROPERTY OWNER YIELDED NO SPECIFIC DETAILS ABOUT THE SIZE, SHAPE OR PARTICULAR USE OF THE BUILDING SHE INTENDS TO CONSTRUCT. ITS RELATIONSHIP TO THE COMMERCIAL DEVELOPMENT PROPOSED FOR TRACT 25 OR INDEED WHETHER THE SPECIFIC CONGREGATION HAS AGREED TO SPONSOR AND BE ASSOCIATED WITH THE SPIRITUAL RETREAT. HOWEVER, IT SEEMS CLEAR TO US NOW THAT THE PROPOSED ZONING CHANGES WOULD ALLOW CONSTRUCTION OF A BUILDING OF SIZE AND SCOPE DRASTICALLY OUT OF CHARACTER WITH THE INTERIOR NEIGHBORHOOD IN WHICH IT IS LOCATED. [ BUZZER SOUNDS ] WE DO HAVE A VALID PETITION ON FILE SINCE WE DID FILE IT, WE'VE GOT AN ADDITIONAL THREE PROPERTY OWNERS. THIS IS NO SMALL TASK SINCE THE MOST PROPERTY OWNED WITHIN THERE IS OWNED BY THE WOMAN HERSELF. WHILE BUYING LOTS IN AN ARTERIAL STREET, A NEIGHBORHOOD MAY CARRY WITH IT A REASONABLE EXPECTATION OF SOME DAY OBTAINING COMMERCIAL ZONING. IT SEEMS UNREASONABLE TO EXPECT THE SAME OF SINGLE-FAMILY LOTS IN AN INTERIOR NEIGHBORHOOD. [ BUZZER SOUNDS ] THANK YOU.

MAYOR GARCIA: I'M GOING TO TELL THE SPEAKERS, IF YOU COULD STAY WITHIN THE THREE MINUTES, IT WOULD BE APPRECIATED. WE HAVE 37 SPEAKERS RIGHT NOW. ERIC E SIVMENT S. AND FOLLOWING ERIC IS MARK COFFEE. WELCOME, SIR.

THANK YOU. MY NAME IS ERIC EISEN STEIN. NOT EINSTEIN AS I WILL PROVE SHORTLY. I'M A MEMBER OF THE EXECUTIVE COMMITTEE OF THE BOULDIN CREEK NEIGHBORHOOD PLANNING TEAM AND HAVE THE HONOR TO SPEAK IN FAVOR OF THE PLAN TONIGHT. I'D LIKE TO — I THINK ONE OF MY NEIGHBORS IS GOING TO HEALED HER TIME TO ME, SO I WOULD LIKE TO SPEND THE FIRST THREE MINUTES IF I MAY, TALKING ABOUT OUR PLAN SPECIFICALLY AND THEN ADDRESS A COUPLE OF —

MAYOR GARCIA: DO YOU KNOW WHO IS GIVING YOU TIME?

DR. RHODES.

MAYOR GARCIA: OKAY. AND THEN LIKE HE SAY, IF I MAY IN THE SECOND PORTION KIND OF ADDRESS SOME OF THE ISSUES THAT HAVE ARISEN LATELY.

MAYOR GARCIA: BECAUSE — STOP THE CLOCK FOR A MINUTE. PUT THAT BACK TO ABOUT 2:30. COREY WALTON GAVE HIS TIME TO MS. RHODES. IS SHE HERE?

[ INAUDIBLE ].

MAYOR GARCIA: YOU HAVE SIX MINUTES. ARE YOU GIVING SOME OF THE TIME TO HIM?

I DIDN'T KNOW IT WAS SIX MINUTES. I AM YIELDING MY — [ INAUDIBLE ]

MAYOR GARCIA: SO YOU'RE GIVING HIM THREE MINUTES? OKAY.

[ INAUDIBLE ].

SEE HOW I DO. [ LAUGHTER ]

[ INAUDIBLE ].

MAYOR GARCIA: OKAY. SO YOU HAVE SIX MINUTES.

THANK YOU. LIKE WE'VE HEARD ALLUDED TO EARLIER, ONE OF THE THINGS THAT I FOUND MOST INTERESTING ABOUT OUR PLAN WAS THE NEAR COMMON GOALS THAT WERE EXPRESSED BY EVERYBODY. AND BY EVERYBODY I MEAN OVER 500 PEOPLE THAT PARTICIPATED EITHER IN THE BIWEEKLY MEETINGS IN THE NEIGHBORHOOD AND COMMUNITY PLANNING WORKSHOPS, THE SURVEY RESPONSES AND THE BALLOTING ON THE FINAL PLAN THAT WAS SENT OUT TO THE NEIGHBORS AND SO ON. WE HAD, LIKE I SAY, OVER 500 PEOPLE THAT PARTICIPATED IN THIS PLAN. AND NEARLY 90% OF THEM SAID THAT THEY WERE IN FAVOR. TO GET 90% OF MY NEIGHBORS TO AGREE ON WHICH WAY IS NORTH IS PRETTY IMPRESSIVE. WE WENT TO PLANNING COMMISSION A COUPLE OF WEEKS AGO, AND AT THAT TIME HAD EXACTLY ZERO VOTES AGAINST US. AGAIN, SOMETHING THAT'S FAIRLY UNUSUAL. THIS IS A PLAN THAT HAS BEEN VETTED AND VETTED AND VETTED BY EVERYBODY THAT'S LOOKED AT IT BY OVER 15 — DEPENDING ON HOW YOU COUNT IT, ALMOST TWO YEARS NOW. AND LIKE I SAY, HAS REACHED ALMOST NEAR UNANIMOUS CONSENT IN TERMS OF ITS APPROVAL. THERE ARE SOME ISSUES THAT I WANT TO BRING UP TONIGHT IN WHAT IT IS SPECIFICALLY THAT WE'RE TRYING TO ACCOMPLISH AND HOPE THAT YOU WILL HELP OUR EFFORTS TO DO SO. THE FIRST THING THAT WE WANTED TO DO AS PART OF OUR NEIGHBORHOOD PLAN IS PRESERVE THE SINGLE-FAMILY CHARACTER OF THE INTERIOR OF OUR NEIGHBORHOOD. OURS IS A NEIGHBORHOOD THAT'S POSITIONED BETWEEN MUCH OF AUSTIN'S GROWTH IN DOWNTOWN AND DESTINATION POINT AND CONSEQUENTLY IS OFTEN TIMES SEEN AS A TRAN SENT SPOT FOR FOLKS TRYING TO GET INTO DOWNTOWN. WE OBVIOUSLY DON'T SEE OUR NEIGHBORHOOD THAT WAY. AND IN TRYING TO PRESERVE THE INTERIOR OF OUR NEIGHBORHOOD FOR THE PEOPLE THAT LIVE THERE, WE'VE PUT A NUMBER OF ITEMS IN PLACE. AND I WON'T BORE YOU WITH ALL THE DETAILS, BUT SUFFICE IT TO SAY THAT THE PRESERVATION OF THE CHARACTER OF KEEPING MULTI-FAMILY ON THE ARTERIALS, KEEPING BUSINESS OUT OF THE CENTER OF THE NEIGHBORHOOD, PRESERVING GREEN SPACE WITHIN THE CENTER OF THE NEIGHBORHOOD, IS VERY, VERY IMPORTANT TO US. THE SECOND POINT THAT WE TRIED TO ACCOMPLISH IS JUST THAT, KEEPING THE DEVELOPMENT OF OUR ARTERIALS. AND IN OUR NEIGHBORHOOD THAT MEANS SOUTH FIRST, SOUTH CONGRESS, BARTON SPRINGS AND OLTORF AS THE PLACES WHERE MULTI-FAMILY AND MULTI-USE DEVELOPMENT TAKES PLACE. WE ARE VERY MUCH IN FAVOR OF A MIXED USE DEVELOPMENT THAT COMBINES THE BEST OF LOCAL RETAIL, PREFERABLE LOCALLY OWNED RETAIL, WITH THE ABILITY OF PEOPLE TO LIVE AND WORK IN THE SAME PLACE. ONE OF THE POINTS THAT COUNCILMEMBER SLUSHER RAISED ABOUT HIS CONCERN ABOUT SOUTH FIRST STREET, I THINK IT WAS ACTUALLY AN ILLUSION TO SOUTH CONGRESS. BECAUSE OUR NEIGHBORHOOD PLAN ONLY EXTENDS TO THE WESTERN BORDER OF SOUTH CONGRESS, IT DOESN'T INCLUDE THE EAST SIDE OF THAT STREET AS WELL. THAT'S TRAVIS HEIGHTS. IT WAS OUTSIDE THE AREA. OBVIOUSLY THE COMPATIBILITY BETWEEN OUR NEIGHBORHOOD AND TRAVIS HEIGHTS IS GOING TO BE IMPORTANT, AND I HOPE THAT WHEN Y'ALL ADOPT A TRAVIS HEIGHTS PLAN THAT YOU MAKE SURE THAT THOSE ISSUES ARE RECONCILED AND WE DON'T RUN INTO A SITUATION WITH GROSS DISPARITIES BETWEEN THE TWO SIDES OF THE STREET. THE ARTERIALS OF OUR NEIGHBORHOOD ARE JUST THAT. THOSE ARE THE ARTERIALS. WE DO NOT WANT NEIGHBORHOOD STREETS, INTERIOR NEIGHBORHOOD STREETS BECOMING ARTERIALS. AND WE HAVE ASKED FOR A NUMBER OF THINGS IN OUR PLAN THAT ARE DESIGNED TO ENCOURAGE AND FACILITATE TRAFFIC AND MOOFT ALONG THE ARTERIALS, BUT KEEP IT OUT OF THE CENTER OF THE NEIGHBORHOOD. THINGS LIKE PUTTING BUS CARVEOUTS ON SOUTH FIRST STREET TO ENHANCE MASS STRAN SIT ABILITIES AND EVEN GOING SO FAR AS TO MAKING PART OF SOUTH FIRST STREET REVERSIBLE LANE DURING BUSY RUSH HOURS ALLOWS THOSE ARTERIALS TO CARRY MORE TRAFFIC THAN THEY WOULD OTHERWISE, BUT THE PRICE FOR THAT, IF YOU WILL, KEEPS TRAFFIC OUT OF THE CENTER OF THE NEIGHBORHOODS. THAT'S WHERE WE'VE GOT PEOPLE LIVING AND WALKING. AND FRANKLY, INTERACTING WITH OUR NEIGHBORS. AND THAT'S SOMETHING THAT'S VERY IMPORTANT TO US AND WE'D LIKE TO SEE IT PRESERVED. THE THIRD POINT THAT WE'D LIKE TO ACCOMPLISH IN OUR PLAN IS THE AIBT TO PROVIDE OPEN SPACES WHERE EVERYBODY IS ABLE TO INTERACT WITH THEIR NEIGHBORS. AND MAYOR GARCIA, I THINK YOU WERE AT THE RIBBON CUTTING FOR THE WEST BOULDIN CREEK GREENBELT, AND THANKS VERY MUCH FOR ALL OF THAT. WE'VE GOT A NUMBER OF GREEN SPACES IN OUR NEIGHBORHOOD OF WHICH WE'RE VERY PROUD. I DON'T THINK IT'S MERELY A COINCIDENCE THAT WE LIVE IN THE BOULDIN CREEK NEIGHBORHOOD. BOTH OF THOSE CREEKS EAST AND WEST ARE EXTREMELY IMPORTANT TO US AS PLACES THAT WE CAN WALK, PLACES WHERE WE CAN COME MUNICIPAL, PLACES WE CAN GO WITH OUR DOG TO SEE OUR NEIGHBORS. AND IN FACT, IF YOU LOOK AT THE SURVEY RESULTS THAT CAME BACK, IN EXCESS OF 80 AND? N. SOME CASES 90% OF THE PEOPLE THAT RESPONDED TO THE SURVEY WERE IN FAVOR OF EITHER ENHANCING, DEVELOPING OR PROTECTING NATURAL RESOURCES LOCATED WITHIN OUR NEIGHBORHOOD. AND PARTICULARLY IN THE CASE OF OUR CREEKS. WE'VE MADE SEVERAL DESIGN CONSIDERATIONS IN TERMS OF OUR PLAN IN GENERAL THAT ARE EXTREMELY IMPORTANT FOR THE PRESERVATION OF THOSE CREEKS. WE HAD REPRESENTATIVES OF THE CITY AND I GUESS IT WAS FEMA COME AND TALK TO US ABOUT THE IMPACT OF INCREASED — EXCUSE ME, INCREASED IMPERVIOUS COVER. AND WHAT THAT COULD DO FOR OUR CREEKS, INCLUDING CHANNELIZATION, TAKING OUR BEAUTIFUL CREEKS AND PAVING THEM. AS YOU MIGHT GUESS, OUR NEIGHBORHOOD DID NOT RESPOND POSITIVE POSITIVELY TO THAT SUGGESTION. SUBSEQUENTLY YOU WILL NOTICE THAT OUR PLAN DOES NOT INCLUDE MUCH IN THE WAY OF INFILL BUILDING OR WHAT'S SOMETIMES CALLED SMART GROWTH. THE REASON FOR THAT IS WE DON'T NEED ANY MORE ADDITIONAL IMPERVIOUS COVER AND WE ASKED VERY STRONGLY THAT THE IMPERVIOUS COVER LIMITS BE KEPT AS THEY ARE. THE FINAL THING THAT WE DID IN OUR PLAN ITSELF WAS PUT IN A NUMBER OF ITEMS, SOME OF WHICH WE'RE GOING ASK THAT YOU GET OUT THE CHECKBOOK TO INCREASE THE SAFETY OF PEOPLE IN THE NEIGHBORHOOD, WHETHER THEY'RE WALKING, RIDING OR ROLLING. WE NEED SOME ADDITIONAL STOPLIGHTS, WE NEED SOME ADDITIONAL CROSSWALKS, WE NEED SOME HELP. AND WE'VE PUT TOYING TOWING A NUMBER OF IMPROVEMENTS THAT WHEN THOSE START GOING THROUGH THE IMPLEMENTATION PROCESS WE HOPE YOU WILL LOOK ON FAVORABLY. THANK YOU VERY MUCH.

MAYOR GARCIA: THANK YOU.

CAN I HAVE THE — I GUESS THAT WAS —

MAYOR GARCIA: THAT WAS THE SIX.

YOU CAN HAVE MINE.

CAN I HAVE ANOTHER MINUTE AND A HALF?

MAYOR GARCIA: I NEED THE NAME.

[ INAUDIBLE ].

MAYOR GARCIA: MARK IS GOING TO GIVE YOU.

JUST A MINUTE AND A HALF, MARK, WOULD BE GREAT. THE LAST THING I WOULD LIKE TO ADDRESS, I ALLUDED EARLIER TO THE NEAR UNANIMOUS CONSENT OF OUR NEIGHBORHOOD. I SAID NEAR PURPOSEFULLY. WE HAVE ONE ISSUE, TRACTS 24 AND 25, THAT STILL NEED TO GET RESOLVED. PLANNING COMMISSION ASKED US TO DO IT. WE HAVEN'T HAD ENOUGH TIME. WE'RE WORKING ON IT, WE NEED SOME MORE TIME. OUR SUGGESTION AND REQUEST OF Y'ALL TONIGHT WOULD BE THAT YOU GO AHEAD AND APPROVE OUR PLAN ON FIRST READING TONIGHT, SUBJECT TO A 30-DAY CITY SPONSORED MEDIATION PROCESS INVOLVING MEMBERS OF THE NEIGHBORHOOD PLANNING TEAM, REPRESENTATIVES FOR AND AGAINST THE ZONING CHANGES TO TRACTS 24 AND 25. IF EVERYBODY'S HAPPY AT THE END OF 30 DAYS, THAT CHANGE OR WHATEVER WE RESOLVE WILL BE INCLUDED AS PART OF THE NEIGHBORHOOD PLAN AND WOULD GO FORWARD. FAILING THAT WE WOULD ASK THAT IN 30 DAYS THAT THE NEIGHBORHOOD PLAN HAD THOSE TWO TRACTS CARVED OUT AND THE PLAN BE ADOPTED ON SECOND AND THIRD READINGS AS IT IS. AND THAT THOSE TWO TRACTS BE SUBJECT TO THE NORMAL PROCESS OF REZONING IN A REGULAR PUBLIC PROCESS. THAT'S ALL I'VE GOT.

MAYOR GARCIA: THANK YOU. MR. COFFEE, YOU HAVE A MINUTE AND A HALF. MARK COFFEE, WELCOME, SIR.

EVENING COUNCILMEMBERS. AS PART OF THE NEIGHBORHOOD PLANNING TEAM, I THINK IT'S A VERY GOOD PLAN. WE SPENT A LOT OF TIME TRYING TO WORK OUT ALL OF THE DIFFERENCES, THOSE THAT THERE WERE. IT WAS VERY INCLUSIONARY PROCESS. I FELT REAL GOOD ABOUT EVERYONE HAVING AN OPPORTUNITY TO BRING THEIR VIEWS AND OPINIONS TO THE TABLE IN RESOLVING THESE AS A GROUP. TONIGHT WE'RE SEEING A FEW LAST MINUTE OBJECTIONS. THESE OBJECTIONS APPEAR TO BE COMING FROM PEOPLE THAT WERE NOT INVOLVED IN THE PLANNING PROCESS, WHO FOR WHATEVER REASON CHOSE NOT TO BE INVOLVED IN THE PLANNING PROCESS. AND YET THEY ARE OM COMING BEFORE YOU TONIGHT HAVE TO TO HAVE THEIR VIEWS CONSIDERED, WHICH CERTAINLY IS REASONABLE, BUT I THINK THAT THEY SHOULD BE GIVEN THE KIND OF WEIGHT THAT IF THEY WANTED THESE VIEWS, FA THEY FELT VERY STRONGLY ABOUT THEM, THAT THEY WOULD HAVE BEEN INVOLVED IN THIS PROCESS FROM THE VERY BEGINNING. THANKS VERY MUCH.

MAYOR GARCIA: LET ME ASK IF THE FOLKS THAT PRESENT THE MUSIC ARE HERE. ARE THEY HERE?

YES, THEY ARE, MAYOR.

MAYOR GARCIA: WE HAVE AN ADDITIONAL TWEE EAKERS, THAT IF WE RECOGNIZE AT THIS TIME WILL TAKE US WAY BEYOND OUR TIME CERTAIN OF 5:30. AS ALL OF YOU KNOW, THE CITY HAS A TRADITION OF PRESENTING A LOCAL MUSICIAN AT THIS TIME, SO WE'RE GOING TO RECESS THIS PORTION OF THE MEETING UNTIL WE DO THE MUSIC AND THE PROCLAMATIONS. AND THE MAYOR PRO TEM IS GOING TO TAKE CHARGE OF THE MEETING AT THIS TIME AND WE WILL CONTINUE WITH SPEAKERS 14 THROUGH 37 AFTER A SHORT RECESS. THANK YOU VERY MUCH.

BOULDIN CREEK NEIGHBORHOOD TEST TEST TEST THIS IS A TEST,

WHAT WE DO IS EACH THURSDAY IS WE HAVE A YOUNG MAYOR OF AUSTIN FOR A DAY. TODAY WE HAVE CINNAMON NICOLE ROBINSON I WHO IS ABOUT TO JOIN US AND BECOME OUR MAYOR FOR A DAY. [ APPLAUSE ]. THE PROCLAMATION, EXCUSE ME, IS TO LET IT BE KNOWN THAT WHEREAS CINNAMON NICOLE ROBINSON IS A 10-YEAR-OLD FOURTH GRADER AT BLACKSHEAR, ELEMENTARY SCHOOL, WHO ENJOYS READING, SPECIALLY MYSTERIES, AND WHEREAS CINNAMON WANTED TO BE MAYOR FOR A DAY SO SHE COULD WORK WITH AND GET TO KNOW MAYOR GARCIA BETTER AND BECAUSE SHE IS INTELLIGENT, CARING AND RESPONSIBILITY, QUALITIES SHE THINKS WILL HELP HER BE A GOOD MAYOR. AND WHEREAS SHE CARES FOR PEOPLE AND WOULD SPECIALLY LIKE TO CHANGE LIFE FOR HOMELESS PEOPLE EVEN IF ONLY FOR ONE DAY, NOW THEREFORE, GUS GARCIA, MAYOR OF THE CITY OF AUSTIN, TEXAS, DO HERE BY PROCLAIM CINNAMON NICHOL ROBINSON AS MAYOR FOR A DAY IN AUSTIN, WE WELCOME HER TO CHAMBERS. [ APPLAUSE ] THE FIRST THING THAT WE DO AT THIS PARTICULAR TIME IS WE START WITH MUSIC. TO SOOTHE THE SAVAGE BEAST ON OCCASION. [ LAUGHTER ]. AND I WILL TELL THAT YOU TODAY WE HAVE NOPAL NEGRO. THEY ARE ONE OF AUSTIN'S OUTSTANDING LATIN JAZZ BANDS THAT FORMED IN MAY OF 2001. BAND MEMBERS SINGER SONG WRITER MARY WELCH, JOHN DUNHAM ON ACOUSTIC GUITAR ... ON BASS, JAY ON ELECTRIC GUITAR AND SONG WRITER, SORRY, JAVIER MOTA PLAYING CONGA AND MICHAEL ALLEN ON DRUMS. WITH THAT LET ME GIVE THE MIC TO OUR MAYOR. THANK YOU, BE IT KNOWN THAT WHEREAS THE LOCAL MUSIC COMMUNITY MAKES MANY CONTRIBUTIONS TOWARD THE DEVELOPMENT OF AUSTIN'S SOCIA, ECONOMIC AND CULTURAL DIVERSITY AND WHEREAS THE DEDICATED EFFORTS OF ARTISTS FURTHER AUSTIN'S STATURE AS THE LIVE MUSIC CAPITOL OF THE WORLD. NOW THEREFORE, I CINNAMON ROBERTSON MAYOR OF THE CITY OF AUSTIN, TEXAS FOR A DAY DO HERE BY PROCLAIM APRIL 18TH, 2002 AS NOPAL NEGRO DAY. [ APPLAUSE ]

THANK YOU.

THANK YOU, CINNAMON. REV WE FEEL VERY HONORED TO BE HERE TO OPEN UP THIS MEETING AND WE ARE GOING TO PLAY ONE OF OUR ORIGINALS, IT'S CALLED [SPEAKING IN SPANISH] IT MEANS THE DARKNESS. [ (music) MUSIC PLAYING (music)(music) ] ((music) SINGING IN SPANISH (music)(music))

GOODMAN: TELL US WHERE YOU ARE PLAYING, WHERE WE CAN BUY YOUR MUSIC.

RIGHT NOW, WE ARE KIND OF JUST GIVING OUT C.D.'S WHENEVER WE HAVE THEM [ LAUGHTER ]. WE ARE PLAYING NEXT WEDNESDAY, APRIL 24TH, AT FLIPNOTICS FOR 10:00 TO 11:45 P.M. AND NEXT THURSDAY, APRIL 25TH, AT THE LOUNGE. THAT'S ON 4TH AND COLORADO. BETWEEN 9:30 AND 1:30. [ APPLAUSE ]

GOODMAN: IT HAS BEEN GREAT HAVING YOU. I THINK THAT YOU SHOULD INVEST IN SOME MORE C.D.'S.

WILL DO. [ LAUGHTER ]. OH, I FORGOT TO MENTION WE ALSO HAVE A WEBSITE, MARYWELCH.COM, IF YOU WANT TO ASK JUST FOR ONE, WE WILL MAIL YOU A C.D. THANK YOU.

GOODMAN: AND SINCE OUR NEW MAYOR IS SUCH A GOOD READER, THIS NEXT PROCLAMATION IS EXACTLY WHAT SHE NEEDS TO READ TO US.

HI. AH ... BE IT KNOWN THAT WHEREAS THE AUSTIN PUBLIC LIBRARY HAS BEEN PROVIDING OPPORTUNITIES FOR LIFE-LONG LEARNING, LITERACY, AND LOVE OF READING, AS WELL AS CONNECTING AUSTINITES WITH THE RESOURCES THAT THEY NEED — THEY HAVE NEEDED FOR MORE THAN 15 YEARS AND WHEREAS THE LIBRARY LAUNCHED A NEW READING PROGRAM ENCOURAGING ALL CITIZENS TO READ THE SAME BOOK AND URGES EVERYONE TO COME SEE WHAT'S NEW AT YOUR LIBRARY, SPECIALLY DURING THE WEEK; AND WHEREAS THE LIBRARY IS PLEASED TO ACKNOWLEDGE ITS FIRST GRANT FUNDING FOR THE STATE OF TEXAS THROUGH THE LONE STAR LIBRARIES PROGRAM. THEREFORE I, CINNAMON NICOLE ROBINSON MAYOR OF THE DAY FOR THE CITY OF AUSTIN, TEXAS DO HERE BY PROCLAIM APRIL 14TH, 2002, AS NATIONAL LIBRARY WEEK. [ APPLAUSE ]

SORRY, MAYOR ROBINS, WE WERE TRYING TO FIGURE THINGS OUT HERE. I AM PEGGY RUDD. THE DIRECTOR AND LIBRARIAN OF THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION. MAYOR ROBINSON AND CITY COUNCIL MEMBER HIS, WE ARE SO PLEASED TO BE HERE TO PRESENT THE FIRST CHECK, BUT CERTAINLY NOT THE LAST CHECK, UNDER THE NEW LONE STAR LIBRARIES PROGRAM AND THAT'S LOAN, OF COURSE IT'S A LIBRARY PROGRAM. THIS IS THE FIRST TIME THE STATE OF TEXAS HAS COMMITTED TO SUPPORTING ITS STATE'S PUBLIC LIBRARIES DIRECTLY. AND AUSTIN IS ONE OF 517 PUBLIC LIBRARIES ACROSS THE STATE THAT'S RECEIVING CHECKS LIKE THIS. IT'S MY PLEASURE TO PRESENT THIS FIRST CHECK, BUT CERTAINLY NOT THE LAST CHECK, THAT AUSTIN PUBLIC LIBRARY WILL RECEIVE FOR THE STATE OF TEXAS FOR THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION, WE ARE DELIGHTED TO BE HERE TO JOIN YOU TODAY. MAYOR ROBINSON AND TO CELEBRATE YOUR SPECIAL DAY. AND IT'S A SPECIAL DAY FOR LIBRARIES AS WELL. [ APPLAUSE ]

IT'S A LOT OF MONEY. I WILL SAY AUSTIN PUBLIC LIBRARY PLANS TO SPEND THE MONEY ON SERVICES AND RAMS FOR YOUTH IN THE CITY. WE ARE SO — PROGRAMS FOR YOUTH IN THE CITY. WE ARE SO EXCITED TO BE A PART OF THIS. WHAT WE ALL HAVE TO WORK FOR NOW IS MORE.

THE CHECK —

GOODMAN: TURN IT A LITTLE BIT SO SHE CAN READ THAT.

AGAIN, THE CHECK WAS FOR $115,627. [ APPLAUSE ] I'M BRENDA BRANCH THE DIRECTOR OF THE AUSTIN PUBLIC LIBRARY, IT IS MY PLEASURE TO ACCEPT THIS CHECK ON BEHALF OF THE AUSTIN PUBLIC LIBRARY AND THE 3 MILLION PLUS CUSTOMERS THAT WE SERVE EVERY YEAR. WE ARE MOST APPRECIATIVE AND EXCITED ABOUT THIS NEW PARTNERSHIP WITH THE STATE. AND WONDERFUL POSSIBILITIES AND BENEFITS THAT THIS GRANT MONEY WILL PROVIDE TO OUR CUSTOMERS AND TO THE AUSTIN PUBLIC LIBRARY. WE APPRECIATE THE VISION OF THE — OF THE TEXAS LIBRARY, TEXAS STATE LIBRARIAN FOR HAVING THE — THE VISION TO MOVE FORWARD WITH THIS IDEA, THIS PROGRAM. AND MANY THANKS TO THE MANY COMMUNITY MEMBERS, THE PARENTS, THE TEACHERS, THE STUDENTS, THE — THE LIBRARY BOARD MEMBERS, THE ADMINISTRATORS AND THE CITY ADMINISTRATORS WHO WORKED SO HARD TO — TO ADVOCATE ON BEHALF OF LIBRARIES ACROSS THE STATE. AS PEGGY SAID, THE FUNDS FOR THE LONE STAR LIBRARIES PROGRAM WILL ENABLE US TO EXPAND PROGRAMS AND SERVICES FOR YOUTH AND THEIR FAMILIES AND TO REACH UNDERSERVED PARTS OF THE COMMUNITY. SO, AGAIN, THANK YOU SO MUCH FOR THIS CHECK AND FOR ALL THAT IT WILL DO FOR THE CITIZENS OF AUSTIN. [ APPLAUSE ]

GRIFFITH: MAYOR, WOULD YOU PLEASE STAY RIGHT HERE AND LET'S CONTINUE THE PROGRAM. I WOULD LIKE TO ASK DR. FLOYD DAVIS TO PLEASE TO COME FORWARD. WITH FRIENDS. HAVE YOU MET THE MAYOR?

I HAVE MET THE MAYOR, I'M VERY IMPRESSED. AT THE NEXT ELECTION I'M GOING TO BE CAMPAIGN MANAGER.

GRIFFITH: GREAT! THE MY HONOR TO PROCLAIM THIS DISTINGUISHED SERVICE AWARD TO SOMEONE WHO HAS BEEN AN INSPIRATION TO ME AND A MENTOR, A CIVIC LEADER, THAT — WHOSE GRACIOUSNESS AND POISE AND CHARM AND INTELLIGENCE MAKES HIM ONE OF THE BIG CAUSAL FORCES IN THIS CITY. HE HAS GIVEN NEW MEANING TO THE TERM STAYS ON TASK. IF YOU WANT SOMEBODY TO SEE IT THROUGH, AND TO THINK OF 14 DIFFERENT WAYS TO GET IT DONE AND CAN BRING PLENTY OF PEOPLE ALONG TO HELP, PHONE UP DR. FLOYD DAVIS. AND IT IS MY EXTREME PLEASURE TO DO HIS DISTINGUISHED SERVICE AWARD. ON BEHALF OF THE WHOLE CITY OF AUSTIN. FOR HIS TIRELESS EFFORTS AND VOLUNTEER SERVICE ON BEHALF OF THE EAST AUSTIN COMMUNITY. DR. FLOYD DAVIS IS DESERVING OF PUBLIC ACCLAIM AND RECOGNITION. HE HAS BEEN A MEMBER OF THE AUSTIN REVITALIZATION AUTHORITY, AND POLICE CHIEFS FORUM. THE BOND OVERSIGHT COMMITTEE, SEVERAL CAPITAL METRO COMMITTEES, HIS CHURCH, AND TRAVIS COUNTY VOTER REGISTRATION. FOR HIS CONTINUING EFFORTS TO ELIMINATE SEGREGATION IN CITY CEMETERIES, TO PRESERVE THE STRONG QUALITIES OF EAST AUSTIN, AND TO MOBILIZE PUBLIC PARTICIPATION, WE ARE PLEASED TO HONOR DR. DAVIS. THIS 18TH DAY OF APRIL, IN THE YEAR 2002. DR. DAVIS, CONGRATULATIONS. REV... CONGRATULATIONS. [ APPLAUSE ]

THANK YOU, THANK YOU. I MUST SAY THAT I'M VERY ENCOURAGED TO BE RECOGNIZED AT THIS POINT FOR SOMETHING THAT I ENJOY DOING. I LIKE TO MAKE CHANGE AND I LIKE TO MAKE POSITIVE CHANGE. YOU KNOW, I'M A PREACHER'S KID. SO — AND AN OLD TEACHER. SO THEREFORE I WILL ALWAYS EITHER REFER TO SOME EXAMPLE FOR THE CLASSROOM OR SOME READING FOR THE SCRIPTURE. IN THIS CASE THERE'S ONE THAT SAID "BEHOLD THE STONE WHICH THE BUILDER HATH REJECTED HAS NOW BECOME THE CHIEF CORNERSTONE." WELL, EAST AUSTIN HAS BEEN A STONE THAT THE BUILDER HAS REJECTED. BECAUSE WE HAVE TRIED TO WORK SO HARD TO REVITALIZE THAT AREA, IT'S A GEM, IT'S AN OPAL, IF WE CAN WORK TOGETHER WE CAN MAKE A GREAT NEW CITY. WE HAVE TO THINK THAT THE BIGGEST THING THAT WE HAVE GOT TO DO NOW IS TO ENSURE NOT ONLY INCREASES IN RESOURCES, BUT IN COMPATIBLE — BUT A COMPATIBLE INCREASE IN OPPORTUNITIES FOR THE LEAST FORTUNATE. YOU KNOW, JOHN KENNEDY ONCE SAID, AND THEY WHO ARE WEAK MUST BE PROVIDED FOR. HE SAID IT. AND IN A LITTLE DIFFERENT WAY. HE SAID "WHERE THE STRONG ARE JUST AND THE WEAK ARE SECURE." I PREFER TO SAY IT IN THE OTHER VERSION. THIS IS A GREAT CITY. BUT, AGAIN, AS WINSTON CHURCHILL WOULD HAVE SAID, THIS IS OUR FINEST HOUR. AND IT'S OUR FINEST HOUR IF WE TAKE ADVANTAGE OF THE OPPORTUNITIES THAT WE HAVE BEFORE US. WE MUST INSPIRE THE YOUNG PEOPLE, WE MUST GIVE GUIDANCE TO THOSE WHO HAVE SORT OF LOST THEIR WAY BECAUSE THEY HAVE LOST FAITH IN WHAT THEY CAN GET OUT OF TOMORROW. SO AGAIN, I SAY, I'M PLEASED TO HAVE BEEN IN A POSITION TO EVEN VOLUNTEER FOR SOME OF THE SERVICES THAT HAVE BEEN PROVIDED. I'M BLESSED THAT I CAN SEE SOME PROBLEMS TO WHICH I CAN ADD SOME KIND OF — MAKE SOME KIND OF CHANGE. AUSTIN IS A GREAT CITY. AND I WILL CLOSE BY JUST SAYING THIS. ONCE UPON A TIME I WONDERED IF I WAS GETTING OLD. AND HERE'S WHAT PROVED WHETHER OR NOT I WAS GETTING OLD. YOU WHEN — WHEN YOU CAN WALK DOWN THE STREETS OF A CITY AND YOU SEE THE NAMES PRINTED ENGRAVED ON THE BUILDINGS AND YOU KNEW THOSE PERSONALLY, YOU ARE GETTING OLD. [ LAUGHTER ]. SO THANK YOU VERY MUCH. I SHALL CONTINUE. I SHALL PROCEED.

GRIFFITH: YES! [ APPLAUSE ]

GRIFFITH: YES! UH-HUH. SEE WHAT I MEAN ABOUT THE INSPIRATION AND THE VISION AND THE LEADERSHIP AND THE INTELLECT. IT'S ALL THERE AND AREN'T WE BLESSED THAT WE HAVE DR. FLOYD DAVIS IN OUR MIDST. [ APPLAUSE ]

AS WE LEAVE, I JUST WOULD LIKE TO ACKNOWLEDGE MY SISTER, WHOM I'VE TRIED TO GET TO OBEY ME FOR SOME TIME, EVEN THOUGH SHE'S OLDER THAN ME, BUT SHE'S COMING ALONG. THEN MY NEPHEW, BRYAN CRAWFORD. [ LAUGHTER ]. WHO IS MY RUNNING BUDDY. [ APPLAUSE ] AND MY DEAR FRIEND COUNCILMEMBER SLUSHER, WHO BECAUSE OF HIS FAITH IN ME WHEN I WOULD NORMALLY GIVE UP AND QUIT, I HEAR THE SOUND OF HIS VOICE SAYING, "NOW, I'M DEPENDING ON YOU FOR THAT." AND I KEEP MOVING. MS. WRIGHT. WILL YOU STEP FORWARD. SHE'S ANOTHER ONE WHO SORT OF — WELL, OUR BIGGEST PROBLEM RIGHT NOW IS THAT I'M FIGHTING FOR THE FREEDOM OF SPEECH IN THE PLACEMENT OF — AND THE PLACEMENT OF POLITICAL SIGNS ON THE SIDEWALKS AND THE LIKE BECAUSE I THINK THAT THE CANDIDATES CONVEY A CERTAIN SET OF BELIEFS AND PRINCIPLES, WITHOUT GOING THROUGH ALL OF THE PRINCIPLES THAT THEY BELIEVE IN, JUST TO HAVE SOMEONE'S NAME ASSOCIATED WITH THAT CANDIDATE GIVES THEM THE OPPORTUNITY TO SAY THIS IS WHERE I STAND ON THAT ISSUE. WHEN WE ARE BEING DENIED THE PRIVILEGE OF PUTTING UP THESE SIGNS I WORRY AT NIGHT ABOUT WHAT WE ARE GOING TO DO TO OVERRIDE THEIR DECISION. AND THEN THERE'S MAYOR PRO TEM, MS. GOODMAN, JACKIE GOODMAN. A PERSON WHO FALLS LIKE SNOWFLAKES, BUT WHEN SHE HITS THE GROUNDS YOU KNOW SHE HAS BEEN THERE BECAUSE SHE MAKES CHANGE, SHE MAKES DECISIONS, SHE'S A GREAT LEADER. I OVER — I HAVE COME TO WORK WITH MR. ALVAREZ THROUGH MY SISTER, WHO I HAVE TO ACKNOWLEDGE, MISS SCOTTIE IVORY, SHE IS ALSO THE ONE WHO KEPT ME GOING, SHE HAS A LOT OF FAITH IN MR. ALVAREZ, I WANT YOU TO CONTINUE TO KEEP THE GREAT WORK GOING. TOBY, YOU ARE THE LEADER. THERE'S AN OLD EXPRESSION, SHOW ME THE MEN AND I WILL SHOW YOU THEIR LEADER. THEN THEY HAD ANOTHER SITUATION, WHERE THE LEADER WAS RUNNING BEHIND THE GROUP SAYING WHERE ARE MY MEN, I AM THEIR LEADER. I AM HOPING THAT YOU WILL ALWAYS HAVE THAT LEADERSHIP SPIRIT. WHATEVER I CAN DO FOR ANY OF YOU, WITH ANY OF YOU, COUNCILMEMBER WYNN, THIS INCLUDES YOU, TOO, I'M ALWAYS THERE. JUST CALL ON ME. I MIGHT BE A FEW MINUTES LATE, BUT I'LL BE THERE. THANK YOU. [ APPLAUSE ]

GOODMAN: AND WE HAVE A VERY SPECIAL PROCLAMATION TO END THIS TIME WITH. MAYOR, IF YOU WOULD DO THE HONORS.

BE IT KNOWN THAT WHEREAS AUSTIN HAS ASSISTED IN THE START-UP OF EXPANSION OF 300 AUSTIN AREA BUSINESSES AND PROVIDED COMPREHENSIVE BUSINESS DEVELOPMENT TRAINING TO SMALL AND [INAUDIBLE] BUSINESS AND WHEREAS THE BIG AUSTIN AWARDS LUNCHEON NAMED THINK BIG AND HONORS MANY OF THE SUCCESSFUL INDIVIDUALS WHO OPERATES SMALL BUSINESSES, WITHIN OUR COMMUNITY AND WHEREAS BIG AUSTIN ALSO OFFERS FINANCING OPPORTUNITIES TO HELP LOW TO MODERATE INCOME INDIVIDUALS ACHIEVE SELF SUFFICIENCY, THROUGH SELF EMPLOYMENT. NOW THEREFORE I, CINNAMON NICHOL ROBINSON, MAYOR OF THE CITY OF AUSTIN, TEXAS DO HERE BY PROCLAIM APRIL 30TH, 2002 AS BIG AUSTIN'S AWARDS LUNCHEON DAY. [ APPLAUSE ]

SORRY.

OH, THANK YOU. MY NAME IS JEANETTE PEYTON, PRESIDENT OF BIG, I WOULD LIKE TO — TO ACCEPT THIS PROCLAMATION ON BEHALF OF MICRO BUSINESSES IN OUR LOCAL COMMUNITY. WE ARE VERY HONORED TO HAVE THIS TIME TO — TO RECOGNIZE THE CONTRIBUTIONS THAT THEY HAVE MADE IN THIS — IN THE COMMUNITY. ON APRIL THE 30TH AT THE DOUBLE TREE HOTEL, FOR 11:00 TO 1:00, HENRY CISNEROS, THE FORMER MAYOR OF SAN ANTONIO, WILL BE TALKING ABOUT THE VITAL DIFFERENCES THAT SMALL BUSINESSES MAKE IN OUR COMMUNITY. AS YOU KNOW, DURING THESE TURBULENT TIMES, A LOT OF THE LARGE COMPANIES HAVE BEEN LAYING OFF, BUT MICROBUSINESSES HAVE BEEN HIRING. SO THEY ARE NOT, YOU KNOW, ALL TECH, THERE'S A LOT OF SERVICE BUSINESSES AND A VARIETY OF BUSINESSES THAT WE WANT TO SHOW HOW THEIR SALES HAS INCREASED, THEIR TAX PAY HAS CONTRIBUTED TO OUR LOCAL ECONOMY. AND SO WE WERE — WE WILL BE PRESENTING FIVE AWARDS AND THE AWARDS WILL BE WITH THE MOST WITH THE LEAST AWARD, ALSO THE ROOKIE OF THE YEAR, WE WILL ALSO HAVE THE WINGS AWARDS, SOMEONE WHO IS REALLY — HAS REALLY TAKEN OFF. WITH THE MOST CREATIVE BUSINESS IDEA. AND WE ALSO HAVE TO HAVE A SPECIAL AWARD FOR BIG GRADUATES, FOR THE MOST SUCCESSFUL BIG GRADUATES. AS YOU KNOW, BIG — BIG PROVIDES EXTENSIVE ENTREPRENEURIAL EDUCATION FOR SMALL BUSINESSES TO GAIN MANAGEMENT SKILLS. AND ALSO WE PROVIDE LOANS UP TO $35,000, SO THAT THEY CAN — CAN BE SUCCESSFUL AND EXPAND THEIR BUSINESS ENTERPRISE. WE ARE AN S.B.A. MICROLENDER SERVING 14 COUNTIES, BUT WE WANT TO ON APRIL THE 30TH RECOGNIZE ALL OF THE CONTRIBUTIONS THAT THEY MADE. SO I HOPE THE COMMUNITY WILL COME OUT AND JOIN US TO CELEBRATE THIS DAY. THANK YOU. [ APPLAUSE ] LET ME — I WANT TO INTRODUCE OUR TEAM BECAUSE WE DO HAVE CLASSES, WE HAVE THREE CLASSES GOING ON TONIGHT. SO THEY ARE SCATTERED ALL OVER TOWN. PROVIDING CLASSES. BUT WHAT I HAVE — WHAT I HAVE WITH ME TODAY IS STEVEN FUQUAY, HE IS A VISTA VOLUNTEER, WORKING WITH BIG, GIVING BACK TO THE COMMUNITY AND HELPING THE SMALL BEES AND HELPING OUR ORGANIZATIONS WITH OUR TECHNOLOGY NEEDS WITH OUR DATA BASE AND ALSO HELPING THEM TO PREQUALIFY FOR THEIR LOANS. WE ARE REALLY GLAD TO HAVE HIM TO HELP US OUT AND FOR HIM TO WORK WITH US TO GET BACK TO — GIVE BACK TO THE COMMUNITY. THANKS. [ APPLAUSE ]

GOODMAN: IT IS A REAL HONOR TO BE ABLE TO GIVE PROCLAMATIONS AND OUR APPRECIATION TO PEOPLE LIKE DR. DAVIS AND MS. PEYTON. WHAT I WOULD LIKE YOU TO KNOW THAT ALTHOUGH SHE'S HERE ACTING AS IF SHE'S A SYMBOLIC RECIPIENT, SHE IS ALSO ONE OF THE ASSETS THAT OUR CITY HAS TO OFFER AND IS A MAJOR REASON THAT LITTLE GIRLS GROW UP KNOWING THAT THEY CAN DO A LOT MORE, OPEN A LOT MORE DOORS THAN THEY DID WHEN I WAS A LITTLE GIRL. MAYOR ROBINSON, I THINK IT'S VERY APPROPRIATE AS MAYOR FOR A DAY YOU DO GET TO MEET THESE SPECIAL PEOPLE. BECAUSE AS THE WORLD CHANGES, JEANETTE AND OTHERS ARE THE REASON THAT THAT'S HAPPENED. SO I WANT TO THANK HER PERSONALLY. [ APPLAUSE ]

GOODMAN: OKAY, WE ARE GOING TO DO PICK, I DON'T KNOW THAT A QUORUM IS IN THE HOUSE YET, BUT WE WILL BE BACK AT THE REGULAR MEETING PRETTY QUICK — QUICKLY. TELL US WHO YOU BROUGHT WITH YOU TODAY, MAYOR.

TODAY I BROUGHT MS. WHITY, SHE WORKS AT MY SCHOOL. THANK YOU FOR COMING FOR ME. [ APPLAUSE ]

GOODMAN: WHILE WE ARE WAITING FOR A QUOAMPL, WHICH I THINK WILL ONLY BE A COUPLE OF MINUTES MORE, I'M GOING — WAITING FOR A QUORUM, I'M GOING TO GO AHEAD AND CALL OUT THE NAMES OF THE NEXT FEW SPEAKERS. IF THEY ARE NOT IN THE ROOM WE CAN FIND THEM. THE FIRST SPEAKER AFTER THE BREAK IS GOING TO BE SCOTT McLANE, FOLLOWED BY REVEREND KELLER. AND STEWART HAMPTON. AND MAGDALINA RUDE. THOSE ARE THE FIRST FOUR SPEAKERS AFTER WE GET OUR QUORUM TOGETHER AND CALL THE MEETING BACK TO ORDER. SCOTT McLANE, REVEREND KELLER, STEWART HAMPTON AND MAGDALINA RUDE. REV...

GOODMAN: WE ARE ALMOST THERE. LET ME ASK. THERE'S BEEN A REQUEST NASH GONZALEZ IS SIGNED UP BUT IS MUCH FURTHER DOWN AND NEEDS TO LEAVE. BY A SHOW OF HANDS, IF YOU WOULD MIND IF — IF — JUST A SECOND, I LOST HER CARD. ANOTHER SPEAKER HAS OFFERED TO TRADE HER PLACE WITH HIM AND HE ONLY WANTS A MINUTE. MARGARET TUCKER HAS OFFERED TO TRADE HER TIME. SHE'S FOUR MORE SPEAKERS DOWN FOR THE ONES THAT I — THAT I MENTIONED EARLIER. BY A SHOW OF HANDS, IF YOU OBJECT TO LETTING MARGARET TRADE PLACES AND GIVE HIM ONE MOMENT OF TIME, WOULD YOU RAISE YOUR HAND? YEAH, I KNOW. THIS IS CONVERSATION. WE ARE NOT IN SECOND YET. — WE ARE NOT IN SESSION YET. I'M ASSUMING THAT SILENCE IS CONSENT. IF MARGARET WANTED TO TRADE PLACES AND GIVE HIM THAT MINUTE IT'S OKAY. OKAY.

GOODMAN: SCOTT McLANE, MR. McLANE, THANK YOU.

GOOD AFTERNOON, COUNCILMEMBERS, MY NAME IS SCOTT McLANE, I CO-FOUNDED A GROUP CALLED SOUTH CONGRESS PARENTS ASSOCIATION. AND I HAVE REGISTERED AS NEUTRAL, BUT LEAPING AGAINST THE PLAN. — LEANING AGAINST THE PLAN. THE PLAN DOESN'T MEET MY FAMILY'S NEEDS OR THE AND.... — A LOT OF MY NEIGHBOR'S NEEDS. RATHER THAN GO OVER — THERE'S ONLY THREE MINUTE, RATHER THAN GO OVER ALL OF THE IDEAS THAT I LISTED OUT FOR YOU ABOUT AMENDMENTS, I WOULD JUST FOCUS ON THE NUMBER ONE PROBLEM, WHICH IS — WHICH IS SPEEDING AND TRAFFIC PROBLEMS BETWEEN SOUTH CONGRESS AND SOUTH FIRST. WE ARE VERY NARROW LITTLE NEIGHBORHOOD AND AS THE AREA GROWS, IT'S BECOMING MORE AND MORE DANGEROUS AND EVEN THOUGH THERE'S — THERE'S DEAF PEDESTRIAN SIGNS, NOBODY RESPECTS THOSE. AND WE WOULD REALLY ADVOCATE STRONGLY FOR A SCHOOL ZONE AROUND SCHOOL FOR THE DEAF AND ALSO PERHAPS REDUCING THE SPEED LIMITS ON SOUTH FIRST AND CONGRESS. SPECIALLY AS YOU GO TOWARDS DOWNTOWN. I SAID THAT, YOU KNOW, THAT WE WOULD WANT A SCHOOL ZONE. IF — IF MONEY COMES AVAILABLE, YEARS DOWN THE LINE, FOR SPEED BUMPS, I KNOW THAT IT'S CONTROVERSIAL, HOW EFFECTIVE THEY ARE, BUT WE WOULD VERY MUCH LIKE THAT. I HAVE TALKED TO MANY OF MY NEIGHBORS. I THINK THAT YOU HAVE THE ZONE 2. IN OUR PLANNING AREA WE ARE DIVIDED INTO SIX ZONES. WHAT I HAVE DONE IS REACHED OUT TO 45 OF MY NEIGHBORS AND I HAVE A PETITION SIGNED HERE AND I CAN SHARE THIS COPY OF THE — OF THE — OF THE PETITION WITH YOU. AND I'M ALSO VERY CONFIDENT THAT I CAN GET ANOTHER 45. SO — SO I WOULD LIKE TO SAY ONE OTHER THING ABOUT THE PLANNING FOR NEIGHBORHOODS. YOU KNOW, THERE'S A LOT OF PEOPLE HERE IN SUPPORT OF THE PLAN. YOU MAY FIND HAD WE DONE MORE OUTREACH, WE WOULD EVEN HAVE A LARGER GROUP OF PEOPLE IN SUPPORT OF THE PLAN. BUT BECAUSE THE CITY PLANNING STAFF ASKED FOR A CONSENSUS OR — OR 99, 98% CONSENSUS, I THINK THE PLANNING TEAM WAS REDUCED IN — IN SIZE AND I THINK IT LOST DIVERSITY BECAUSE OF THAT. AND IF YOU LOOK AT THE SURVEY RESULTS, THE NUMBER ONE VALUE OF THE PEOPLE THAT LIVE IN BOULDIN CREEK IS DIVERSITY. THAT'S WHY THEY SAY THEY LIVE THERE. YET I REALLY AM SADDENED BY THE FACT THAT WE DIDN'T SUPPORT THAT. AND THIS IS SOMETHING THAT COULD BE ARGUED FOR A LONG TIME. THANK YOU. THANK YOU, MR. McLANE. AND WE DO HAVE YOUR PROPOSED AMENDMENTS UP HERE THAT WE CAN SHARE WITH OTHERS. REVEREND KELLER. FOLLOWED BY STEWART HAMPTON.

HONORED COUNCILMEMBERS, MY NAME IS FATHER ADEN KELLER, THE PASTOR AT THE LITTLE ORTHODOX CHURCH OF THE HOLY NAME OF MARY IN BOULDIN CREEK. I CRAWLED OUT FOR UNDER MY ROCK TO — TO SPEAK TO YOU ALL IN FAVOR OF THE BOULDIN CREEK NEIGHBORHOOD PLAN. I WANT TO POINT OUT SEVERAL THINGS ABOUT THE PLAN. FIRST OF ALL THE CONSENSUS ON THE PLAN IN FAVOR OF THE PLAN IN OUR NEIGHBORHOOD, THE PEOPLE THAT — ALMOST ALL OF THE PEOPLE THAT I HAVE SPOKEN WITH IS JUST AMAZING. EVEN THE SPEAKERS WHO MAY NOT BE IN FAVOR OF PART OF THE PLAN, YOU MAY NOTICE THAT THEY ARE THOUGH THE IN FAVOR OF SOME PARTICULAR DETAIL OF THE PLAN. NOT WITH THE PLAN ITSELF. THEIR BEEF IS NOT WITH THE PLAN ITSELF. ANOTHER THING TO POINT OUT IS THAT THE PLAN IS A VERY GOOD EXAMPLE OF THE MIDDLE WAY BETWEEN WHAT I — WHAT I WOULD SAY IS DESTROYING OUR COMMUNITY, AND BEING OBSTRUCTIONIST. IT'S A VERY PRAGMATIC AND MIDDLE OF THE ROAD SORT OF APPROACH. SORT OF COMMON SENSE APPROACH. THERE CAN BE COMMON SENSE IN SOUTH AUSTIN. I SHOULD SAY APART FOR THE — CONSIDERING ANY PARTICULAR PART OF THE PLAN, THE ENDORSEMENT OF THIS PLAN, I HOPE, WILL BE A GREEN LIGHT FOR OTHER NEIGHBORHOODS TO WORK AS CLOSELY WITH THE — WITH THE CITY PLANNING PEOPLE AS WE HAVE BEEN ABLE TO DO AND SORT OF CHART A COURSE FOR — FOR OTHER SUCCESSFUL PLANS. AND SO I HOPE THAT YOU WILL MATCH OUR CONFIDENCE IN YOU AND WITH THE — WITH THE SYSTEM, WITH THE CITY PLANNERS WITH CONFIDENCE IN US IN — AND OUR VERY, VERY HARD WORK. I HOPE THAT YOU WILL LOOK AT THE FRUIT OF OUR LABORS AND — AND CONSIDER THAT THIS PLAN IS NOT JUST A LOCAL THING, BUT I HOPE WE WILL ZIG — WILL SIGNIFY A VERY CLOSE WORKING RELATIONSHIP BETWEEN ALL OF THE AUSTIN COMMUNITIES AND THE CITY. SO THIS PLAN COMES BEFORE YOU WITH MY HIGHEST RECOMMENDATION. AND THAT OF ALMOST EVERYONE THAT I HAVE SPOKEN WITH IN OUR COMMUNITY. AND — AND THE — THE BOTTOM LINE IS — IS CONSIDER THIS PRAGMATIC, WORKING TOGETHER AND REMEMBER THAT — THAT — THE EYES OF BUBBA ARE UPON YOU. [ LAUGHTER ]

THANK YOU.

THANK YOU. STEWART HAMPTON FOLLOWED BY MAGDALINA RUDE, BOTH OF THESE MICROPHONES WORK, SO IF YOU HEAR YOUR NAME AND WANT TO GO TO THE OTHER ONE, THAT'S FINE, TOO.

COUNCILMEMBERS, MY NAME IS STUART HAMPTON, I LIVE ON SOUTH FIRST. I SPEAK IN SUPPORT OF THE NEIGHBORHOOD PLAN. I HAVE BEEN A PART OF THE NEIGHBORHOOD PLANNING TEAM SINCE ITS BEGINNING. I'VE HAD THE OPPORTUNITY TO BE PART OF ALL OF ITS MEETINGS. TO STUDY ALL OF THE SURVEY RESULTS AND OTHER FEEDBACK FOR NEIGHBORS. I BELIEVE THE PLANNING TEAM HAS TRIED VERY HARD TO LISTEN TO WHAT NEIGHBORS HAVE SAID THEY WANT AND THEY DON'T WANT AND THAT WE HAVE TRIED TO REFLECT THAT IN THE FINAL PLAN. NOW, WHEN MY WIFE AND I MOVED HERE FOR HONG KONG IN 1993, WE WERE LOOKING FOR A GREAT NEIGHBORHOOD. WHEN WE DROVE AROUND THE BOULDIN CREEK NEIGHBORHOOD WE KNEW THAT THIS WAS THE PLACE FOR US. BUT WHEN A REALTOR SHOWED US THE HOUSE WE NOW LIVE IN, HER FIRST REMARKS WERE "YOU KNOW, YOU CAN GET A LOT MORE HOUSE FOR YOUR MONEY IN SOME OTHER NEIGHBORHOOD." SHE DIDN'T GET IT. WE WERE NOT LOOKING FOR MASS, WE WERE NOT LOOKING FOR SIZE. WE WERE NOT LOOKING FOR ISOLATION. WHAT MY WIFE AND I SAW WAS A SMALL URBAN LOT WITH 12 MATURE TREES, A SMALL COMFORTABLE BUNGALOW NESTLED IN THOSE TREES IN THE SHADE. IT WAS SURROUNDED BY TREE LINED STREETS AND HUMAN SCALE BLOCKS OF SMALL HOUSES AND GREEN SPACES, ALL WITHIN WALKING DISTANCE OF TOWN LAKE. THE MAJOR STREETS SOUTH CONGRESS AND SOUTH FIRST HAD WEIRD AND WILD LOCALLY OWNED SHOPS AND RESTAURANTS. WE WERE SURROUNDED AS IT TURNED OUT BY DIVERSE AND INTERESTING NEIGHBORS. WE WERE NOT LOOKING FOR A GENERIC HOUSE IN A GENERIC NEIGHBORHOOD IN ANY TOWN, U.S.A. WE WERE LOOKING FOR A UNIQUE HOME IN A FRIENDLY ENVIRONMENTALLY PLEASING PLACE. THAT IS WHAT WE FOUND. UNFORTUNATELY, TOO MANY OUTSIDERS DON'T SEE THE NEIGHBORHOOD THE WAY THAT WE RESIDENTS DO. THEY SEE THE BOULDIN CREEK NEIGHBORHOOD AS OLD HOUSING STOCK ON UNDERDEVELOPED PRIME REAL ESTATE, WAITING TO BE MASSIVELY REDEVELOPED. LIKE MY REALTOR, THEY DON'T GET IT. THE BOULDIN CREEK NEIGHBORHOOD IS A FULLY DEVELOPED VIBRANT COMMUNITY. LET ME SAY THAT AGAIN. THE BOULDIN CREEK NEIGHBORHOOD IS A FULLY DEVELOPED, VIBRANT COMMUNITY. WE KNOW WE CANNOT STOP CHANGE OR FUTURE DEVELOPMENT. SO WE HAVE TO PLAY OUR PART IN MANAGING IT. THAT, AS I UNDERSTAND IT, IS THE WHOLE PART OF THE NEIGHBORHOOD PLANNING PROCESS. THE WHOLE PURPOSE OF THE BOULDIN CREEK NEIGHBORHOOD PLAN IS TO SET THE DEVELOPMENT GUIDELINES FOR DEVELOPERS WHO ARE SALIVATING OVER THIS LAND SO CLOSE TO DOWNTOWN AND FOR NEIGHBORS AND THE PLAN GIVES US ALL A WAY TO MOVE FORWARD BY SAYING CLEARLY WHAT WE WANT. IT RECOMMENDS ONE, PRESERVING THE SINGLE FAMILY NATURE OF THE NEIGHBORHOOD INTERIOR; TWO, ENCOURAGING MIXED USE DEVELOPMENT ALONG THE NEIGHBORHOOD ARTERIALS OWZ....[BUZZER SOUNDING] THREE, PRESERVING THE NEIGHBORHOOD CREEKS AN OTHER GREEN SPACES, PLEASE SUPPORT THIS PLAN, THANK YOU.

GOODMAN: THANK YOU.

MS. RUDE, FOLLOWED BY SHAUN — IS IT KELLY OR KERRI, I'M NOT SURE? KELLY? ALSO FOLLOWED BY I'M NOT SURE I'M GETTING THIS RIGHT, EITHER, I APOLOGIZE IN ADVANCE. OH, NO IT'S CHRIS SORE OSON.

THANK YOU, MAYOR PRO TEM AND COUNCILMEMBER, THANK YOU FOR THE OPPORTUNITY TO — TO LET ME SPEAK AGAIN, EVEN THOUGH I SEDED MY FIRST THREE MINUTES BEFOREMENT I JUST WANTED TO PUT AGAIN BEFORE THE COUNCIL THAT THIS IS A PROCESS THAT WAS OPEN, WE SOUGHT EVERY VOICE HAS WE COULD POSSIBLY GET INTO THE ROOM WITH US TO LISTEN. WE ALSO WANT TO LET YOU KNOW, AND AFFIRM, THAT WE UNDERSTAND THAT A PLAN HE IS A WORKING DOCUMENT. THAT THIS IS AN ONGOING PROCESS AND THAT WE ARE MOST DEFINITELY INTERESTED IN CONTINUING TO WORK ON — WORK ON IRONING OUT ANYTHING THAT COMES UP, EVEN AT THIS VERY LATE DATE. WE HAVE BEEN AT THIS FOR TWO YEARS. IT HAS BEEN A LONG PROCESS. WE DID A MAMMOTH SURVEY EFFORT. AS YOU HAVE ALREADY HEARD. AND GOT A HIGHER RESPONSE RATE THAN ANYONE ELSE IN THE CITY SO FAR. WE USED THAT SURVEY TO GUIDE US EVERY STEP ALONG THE WAY. WE — WE ATTEMPTED ON OUR TEAM ITSELF TO — TO — TO HAVE AS MUCH DISSENSION HEARD AS POSSIBLE. OUR — OUR TEAM FACILITATOR, OUR MEETING FACILITATOR WAS A CONTRARYIAN FOR THE VERY BEGINNING. WE KEEP A PROFESSIONAL DEVIL'S ADVOCATE ACTIVE ON THE TEAM EVERY SINGLE MEETING AS HE HAS ALREADY MENTIONED TO YOU HIMSELF. EVERY ONE BUT ONE. WE HEARD EVERY OBJECTION THAT CAME FORWARD DURING THE TWO YEARS THAT WE WERE WORKING ON THIS AND WE ACTIVELY TRIED TO NEGOTIATE A HAPPY SOLUTION FOR EVERYONE. OUR FINAL SURVEY THAT WAS PUT FORTH TO THE NEIGHBORHOOD FOR ACCEPTANCE OF THE PLAN AND MOVING IT FORWARD THROUGH THE PROCESS WAS SUPPORTED BY 89.9% OF THE — OF THE PEOPLE. PLANNING COMMISSION WE GOT A UNANIMOUS VOTE TO MOVE FORWARD WITH OUR PLAN. I JUST WANT TO PUT THAT FORWARD BEFORE ANYBODY SAYS THAT THIS WAS A CLOSED PROCESS, THAT IT WAS NOT OPEN TO DIVERSITY. I HAVE TO ARGUE THAT IT'S NOT SO AND I WOULD LIKE FOR YOU TO BE AWARE OF. THANK YOU VERY MUCH.

GOODMAN: THANK YOU. SHAUN KELLY. [INAUDIBLE - NO MIC] >GOODMAN: I WAS GOING TO ASK CHER, SHE CHECKED YES BUT ALSO TO DONATE HER TIME TO YOU. IS CHRIS HERE? YES.

GOODMAN: YOU ARE GIVING IT, THANKS.

THANK YOU VERY MUCH, MAYOR PRO TEM, COUNCIL, MY NAME IS SHAUN KELLY, THE PRESIDENT OF BOULDIN CREEK NEIGHBORHOOD. APPROXIMATE YOUR INDULGENCE I WOULD LIKE TO PLAY A 3 MINUTE VIDEO, PLEASE. IF IT WORKS.

I AM EXCITED BY THE PLAN. I AM ABSOLUTELY IMPRESSED ABOUT WHAT THE QUALITY OF THIS PLAN THAT'S COME FORWARD, THAT THE QUALITY OF THIS PLAN IS ACCOMPLISHING. AND MY HAT IS OFF TO THE FOLKS WHO DID IT BECAUSE I KNOW IT WASN'T EASY. THINK THINK AGAIN IT'S A TESTIMONY TO WHAT YOU HAVE ACCOMPLISHED. SO I — I'M GOING TO JUST MAKE SURE THAT THE RECORD IS STRAIGHT. THIS IS AN EXTREMELY GOOD PLAN, AT LEAST IN MY OPINION, WHICH IS WHY I'M FOR IT. FOR ALL OF THE PRESSURE THAT THIS AREA HAS GONE THROUGH OVER THE LAST 20 YEARS, IT AIN'T NOTHING LIKE YOU ARE ABOUT TO GET. AUSTIN DOWNTOWN BEING HEALTHY IS FANTASTIC. IF THIS PLAN IS IN PLACE, YOU HAVE A WAY OF SAYING WHERE THE LINE IS DROWN, WHAT THE CHARACTER OF YOUR BOUNDARIES AND INTERIOR WILL BE. WE DON'T HAVE TO GO FURTHER THAN WEST CAMPUS TO REMEMBER A VERY VIABLE NEIGHBORHOOD WITH LOTS OF NICES PLACES TO LIVE FOR DIFFERENT KINDS OF ECLECTIC USES THAT AS U.T. AND ITS NEEDS EXPANDED THERE WAS NO CONTROL AND IT'S OBLITERATED. THAT IS ESSENTIALLY THE FATE THAT AWAITED THE BOULDIN CREEK NEIGHBORHOOD AREA, YOU SAW SOME OF THAT HAPPENING. THE TWO THINGS THAT YOU DO MOST FUNDAMENTALLY IS THAT YOU DO PRESERVE AND MAINTAIN THE RESIDENTIAL CHARACTER, PARTICULARLY IN YOUR CENTRAL NEIGHBORHOODS. YOU ALLOW FOR SOME AMOUNT OF — OF DENSEIFIIATION WITHIN THOSE PARAMETERS NOT TAKING FULL ADVANTAGE OF ALL OF THE CITY'S TOOL. WE UNDERSTAND IT'S NOT AS TESTED. YOU ARE A THREATENED AREA, THE FIRST THING THAT YOU HAVE DONE IS HELPED TO MAINTAIN EXTRA CONTROLS AND CORRECTLY IDENTIFIED SOME OF THE NATURE OF THE THREAT. THE SECOND THING THAT YOU HAVE DONE IS YOU HAVE ALSO TAKEN CONTROL OF YOUR BOUNDARIES, THOSE COMMERCIAL CORRIDORS ARE FUNDAMENTAL TO THE HEALTH OF YOUR NEIGHBORHOOD. YOU SAID SO IN A WAY, HOWEVER, THAT'S NOT BEEN AN ALL OR NOTHING PROSPECT. UP UNTIL NOW THE FIGHTS AROUND YOUR PERIMETER HAVE BEEN ALL NOTHING, SOME YOU HAVE WON, BUT FAR TOO MANY YOU HAVE LOST. NOW I THINK A PRAGMATIC APPROACH IS BEING TAKEN WHERE YOU HAVE SAID COMMERCIAL IS APPROPRIATE IN CERTAIN PLACES AND MIXES OF COMMERCIAL AND OTHERS, BUT IT'S THAT 20,000 SQUARE FOOT LIMIT ON YOUR BUILDING THAT'S PROBABLY ONE OF THE MOST POWERFUL COMPONENTS THAT YOU HAVE. AND OF COURSE IT'S THE LINE THAT'S DRAWN IN THE OVERLAYS SO THAT INTRUSION INTO THE NEIGHBORHOOD CANNOT HAPPEN AS LONG AS THE PLAN IS IN PLACE. THE FACT THAT YOU ALL ARRIVED AT THE SAME PLACE AND HAVE THIS AMOUNT OF AGREEMENT IS A TESTIMONY TO A LOT OF VERY, VERY GOOD WORK, INCLUDING A LOT OF GOOD STAFF WORK. SO A LOT OF COMPLIMENTS TO SPREAD AROUND. THE ECLECTIC WORD WAS BROUGHT UP MORE THAN ONCE. I THINK THAT CERTAINLY APPLIES HERE. IF ANY OTHER PART OF AUSTIN, BUT THE OTHER ONE, OF COURSE, IS THE BUMPER STICKER WHICH SHOULD ALWAYS BE ON YOUR CARS. KEEP AUSTIN WEIRD. BECAUSE I THINK YOU HAVE PROVEN THAT YOU CAN KEEP AUSTIN WEIRD AND GROW AND BE STABLE. ALL AT THE SAME TIME. SO MY HAT IS OFF TO YOU, IT'S A VERY, VERY EXCITING, I'M VERY PROUD TO CAST A VOTE IN FAVOR AS WELL. [ APPLAUSE ] ALL THOSE IN FAVOR INDICATE BY SAYING AYE.

AYE.

ANY OPPOSED? PASSES UNANIMOUSLY WITH THREE COMMISSIONERS OFF THE DAIS. [ APPLAUSE ]

I HAVE GONE TO A LOT OF COMMISSIONS, A LOT OF BOARDS, A LOT OF COUNCIL MEETINGS, I DON'T THINK THAT I HAVE EVER HEARD THAT KIND OF ENDORSEMENT IN MY LIFE IN THIS CITY. BOULDIN CREEK NEIGHBORHOOD ASSOCIATION REVIEWED THE PLAN AS IT WAS PRESENTED TO THE PLANNING COMMISSION AND VOTED TO APPROVE IT AS IT WENT TO THE PLANNING COMMISSION. ON ITEM 43 WE ARE ASKING THAT YOU VOTE FOR THE MOTION. MOTION 1. AND ON MOTION NUMBER 44, WE ARE ASKING THAT YOU VOTE FOR MOTION 2A BECAUSE THAT IS THE PLAN AS IT WAS PRESENTED TO THE PLANNING COMMISSION. I WANT TO THANK EVERYONE INVOLVED IN THIS PROCESS, CITY STAFF, MEMBERS OF MY ASSOCIATION, SPECIALLY THE OTHER NEIGHBORS WHO ALL GOT TOGETHER AND BROKE THEIR BACKS PUTTING THIS THING TOGETHER. IT'S A WONDERFUL OPPORTUNITY FOR US. THIS IS A NEIGHBORHOOD PRESERVATION PLAN AS MUCH AS IT IS A NEIGHBORHOOD PLAN. AND WE HOPE AND WE PRAY THAT WE GET YOUR FULL SUPPORT IN IT. THANK YOU VERY MUCH. [ APPLAUSE ]

MAYOR GARCIA: THANK YOU MAYOR PRO TEM. CHANG HU LI.

HE HAD TO LEAVE.

MAYOR GARCIA: OKAY. HE IS REGISTERED AGAINST THE PLAN. PATRICK ALE — LEXAMOR? ALEXMORE? PATRICK — [ LAUGHTER ].

I WILL TAKE IT.

MAYOR GARCIA: ALL RIGHT.

I DON'T HAVE A LOT TO SAY ABOUT THIS. BUT I JUST WANTED TO SAY THAT THIS PROCESS — I WANT TO SAY THANK YOU FOR GIVING NEIGHBORS THE OPPORTUNITIES TO ACTUALLY WORK ON THEIR OWN NEIGHBORHOODS. I MEAN, I THINK THE STANDARD FOR SO LONG HAS BEEN THAT THE COUNCIL, THE PLANNING COMMISSION, DICTATED TO US WITH SOME PRIVATE INPUT, OF COURSE, WHAT WE SHOULD DO. BUT THIS IS A REAL OPPORTUNITY FOR ALL OF US TO PARTICIPATE IN THE — IN THE GROWTH OF OUR CITY, THE PRESERVATION OF OUR WONDERFUL NEIGHBORHOODS, AND THIS PROCESS, ALTHOUGH — ALTHOUGH I WAS ON THE PLANNING TEAM, I SPENT A LOT OF HOURS, I DIDN'T SPEND ENOUGH HOURS, BUT I SPENT ENOUGH TO — TO GET TO KNOW THE INTENTIONS OF — OF A LOT OF MY NEIGHBORS. I FELT VERY INCLUSIVE IN THE PROCESS. I FELT THAT THERE WAS SINCERE EFFORTS TO REACH OUT TO ALL AREAS OF OUR NEIGHBORHOOD, TRYING TO HEAR ALL OF THE VOICES. NO ONE WAS EVER TURNED AWAY. EVERYONE WAS LISTENED TO. IT'S UNFORTUNATE THAT — THERE'S BEEN A COUPLE OF THINGS THAT HAVE COME UP RECENTLY, BUT I THINK THOSE CAN BE IRONED OUT THROUGH SOME MEDIATION. BUT I AM TOTALLY IN SUPPORT OF THE PLAN. I THINK IT'S A GOOD PLAN. I THINK IT ADDRESSES MANY NEEDS. THERE WAS LOTS OF BACK AND FORTH AND CONSIDERATION GIVEN TO EVERYONE'S CONCERNS AND I JUST WANT TO SAY THAT I'M HIGHLY IN SUPPORT OF THE PLAN. I THINK WE DID GOOD WORK. SO I'M ALSO PATTING MYSELF ON THE BACK FOR THE LITTLE PART THAT I TOOK, THANK YOU.

MAYOR GARCIA: THIS CARD SHOWS YOU BEING AGAINST.

NO WAY! [ LAUGHTER ].

THAT'S NOT MY NAME THEN.

MAYOR GARCIA: I WILL CHANGE IT TO FOR.

I DIDN'T HAVE MY GLASSES ON.

MAYOR GARCIA: OKAY. I UNDERSTAND.

WYNN: MAYOR?

MAYOR GARCIA: COUNCILMEMBER WYNN?

WYNN: WITH LESLIE ON THE PLANNING TEAM, I SUSPECT THAT THE PLANNING TEAM ATE VERY WELL DURING THE TWO YEAR PROCESS.

NO! [ LAUGHTER ].

MAYOR GARCIA: NASH GONZALEZ. AND MARGARET TUCKER, DID YOU DONATE TIME TO NASH?

I BELIEVE WE ARE JUST SWITCHING PLACES, SO I'M GOING TO HAVE THREE MINUTE AND SHE'S TAKING MY THREE MINUTES. THAT'S WHAT WE WANTED TO DO. I DON'T KNOW IF IT WAS CLEAR.

MAYOR GARCIA: OKAY. GOT IT.

MY NAME IS NASH GONZALEZ, I AM PROUD TO REPRESENT SOUTH SIDE CHURCH OF CHRIST. AS A MEMBER AND ALSO AS THEIR ATTORNEY. I NOTE IN THE MEMO ON ITEM 43 AND 44 THAT THE — THERE'S A — THERE'S A STATEMENT THAT INDICATES THAT THE PROPERTY OWNER HAS NOT SIGNED THE PETITION. OR THE OBJECTION TO THE — TO THE CHANGE IN ZONING. AND AS — AS THE COUNCIL PROBABLY UNDERSTANDS, A CHURCH IS MADE UP OF MANY MEMBERS AND ELDERS AND DEACONS AND THOSE MEMBERS, DEACONS AND ELDERS CHOSE ME AS THE REPRESENTATIVE AND SIGNED A CONTRACT WITH MY OFFICE, SO THAT I WOULD DRAFT THE OBJECTION ON THEIR BEHALF. SO I WANT TO CLARIFY THAT THAT OBJECTION WAS MADE ON BEHALF OF THE CHURCH. FINALLY, I WOULD ALSO LIKE TO NOTE THAT — THAT THE CHANGE FOR THE C.S. TO M.F. IS NOT SOMETHING THAT THE CHURCH IS TOTALLY OPPOSED TO. THE CHURCH WOULD BE OPEN TO A MIXED USE ZONING AT THIS TIME. AND THAT WAS SUGGESTED TO — TO THE NEIGHBORHOOD PLANNER, SCOTT WHITEMAN, WHO THOUGHT THAT THAT WAS A GOOD IDEA. HE INDICATED HE WOULD TAKE THAT TO A MEETING, ON MONDAY, AND UNFORTUNATELY, THE — THE MEETING WAS BASICALLY — SCOTT WAS TOLD, IT WAS KIND OF LATE IN THE GAME TO BE COMING UP WITH A NEW PLAN. LET ME TELL YOU WHY IT'S COMING UP LATE IN THE GAME. IT'S COMING UP BECAUSE IT'S A NEW IDEA. WE HAVE JUST STARTED NEGOTIATIONS WITH SAN JOSE HOTEL AND WE HAVE SOME GREAT IDEAS FOR BOTH THE CHURCH AND FOR THE HOTEL AND FOR THE NEIGHBORHOOD AS A WHOLE. HOWEVER, THIS IS — THIS IS A — A LIGHT HAS COME ON FOR BOTH THE HOTEL AND THE CHURCH. WE HAVE NO EXCUSES ABOUT NOT ATTENDING THE MEETINGS. WE MERELY CAN TELL YOU THIS IS NEW BUSINESS, NEW NEGOTIATIONS THAT HAVE JUST STARTED BETWEEN THE CHURCH AND THE HOTEL AND WE ARE NOT SURE THAT WE ARE ACTUALLY GOING TO — TO BE ABLE TO DO WHAT WE HOPED TO DO FOR THE COMMUNITY, BUT I BELIEVE THAT NO ONE IN THE COMMUNITY, IF YOU HAVE BEEN OUT TO THE SAN JOSE HOTEL, WOULD CALL THEM A BAD NEIGHBOR. THEY ARE A GOOD NEIGHBOR. THEY ARE BUILT A BEAUTIFUL HOTEL AND SOUTH SIDE CHURCH OF CHRIST — SOUTH SIDE CHURCH OF CHRIST HAS ENJOYED HAVING THEM AS A NEIGHBOR AS THEY HAVE OPENED THEIR DOORS AND THEIR PROPERTY TO ALLOWING THE YOUTH TO GO OVER AND — INVITE EVERYONE TO VISIT THAT HOTEL AND ALSO INVITE TO VISIT OUR CHURCH AT SOUTH SIDE. THANK YOU FOR YOUR TIME.

MAYOR GARCIA: THANK YOU, NASH. ELLEN RICHARDS. FOLLOWING MS. RICHARDS, NASH MARTINEZ. NARNA MARTINEZ, I'M SORRY. AND — WELCOME.

MAYOR, COUNCIL, THANKS FOR THE OPPORTUNITY TO SPEAK. MY NAME IS ELLEN RICHARDS, I'M A MEMBER OF THE NEIGHBORHOOD PLANNING TEAM. I WANT TO VOICE MY SUPPORT OF THE PLAN. I DO WANT TO CLARIFY THE ISSUE THAT'S COME UP ABOUT — ABOUT THE HOTEL AND THE CHURCH NEGOTIATIONS. I THINK THE NEIGHBORHOOD PLANNING TEAM BASICALLY WE KIND OF WRAPPED UP OUR FORMAL ACTIVITIES BEFORE THE PLANNING COMMISSION MEETING. IN THE LAST MONTH, HAVE BEEN ASKED TO WORK ON SOME THINGS THAT WE DON'T FEEL ARE GOING THROUGH A PROPER PUBLIC PROCESS. AND SO WE DIDN'T FEEL WE WERE IN A POSITION TO SAY WE WILL CHANGE SOMETHING THAT HAD ALREADY GONE TO OUR NEIGHBORHOOD FOR APPROVAL. SO THERE'S SOME LAST-MINUTE ZONING ITEMS THAT ARE KIND OF BEING NEGOTIATED AND WE DIDN'T FEEL THAT WE COULD SAY THAT WE WERE ADEQUATELY REPRESENTING OUR NEIGHBORS AT THIS TIME AND SO — SO IT ISN'T THAT WE ARE NOT INTERESTED IN WORKING WITH THE — WITH THE VARIOUS GROUPS THAT ARE WANTING TO MAKE SOME CHANGES AT THE LAST MINUTE. IT'S MORE THAT WE WANT TO BE SURE THAT OUR NEIGHBORS ARE PROPERLY REPRESENTED IN A FULL PUBLIC PROCESS. SO — SO WE ARE OPEN TO WORKING WITH FOLKS AS LONG AS WE CAN BE SURE EVERYONE IS GETTING THEIR GETTING THEIR VOICE HEARD. BUT AGAIN I DO SUPPORT THE PLAN AND WE HAVE WORKED HARD AND I THINK THAT WE HAVE A GOOD PRODUCT. THANKS FOR YOUR TIME.

MAYOR GARCIA: THANK YOU VERY MUCH. NASH MATTER NECESSARY — NARNA MARTINEZ.

YES, MAYOR, I'M NARDA'S HUSBAND, I WAS GOING TO SPEAK LATER, IF IT'S OKAY, SHE HAD TO LEAVE, I WILL SPEAK FOR HER NOW.

MAYOR GARCIA: OKAY. MARGARET TUCKER, DID YOU DONATE TIME TO MR. — [INAUDIBLE]

[INAUDIBLE - NO MIC] >MAYOR GARCIA: LURT. YOU WILL BE NEXT. — ALL RIGHT, YOU WILL BE NEXT.

THANK YOU, CITY COUNCIL. I WOULD LIKE TO ACKNOWLEDGE — MY NAME IS JOHN, I'M A PROPERTY OWNER OF A BUSINESS ON SOUTH CONGRESS. I WANT TO ACKNOWLEDGE THE PARTIES INVOLVED BECAUSE IT SOUNDS LIKE THIS HAS BEEN AN INCREDIBLE PROCESS, MAYBE UNIQUE IN THE CITY'S HISTORY. AFTER LISTENING TO ALL OF THIS, I WANTED TO UNDERSCORE WHAT I THINK IS SORT OF OBVIOUS, THAT EVERYONE WHO HAS SPOKEN SO FAR IS EITHER 100% FOR THIS PLAN OR 99% FOR IT. A COUPLE OF PEOPLE HAVE SPOKEN AGAINST PARTS OF THE PLAN. AND THAT 99% IS IMPRESSIVE, BUT SOMETIMES IF THERE'S A 1% THAT — THAT INCORPORATES ASPECTS THAT ARE INHERENTLY COUNTER TO THE PLAN, THAT ONE SPEAKERS CAN BECOME VERY SIGNIFICANT. SOUNDS LIKE THAT'S PART OF WHAT'S GOING ON RIGHT HERE. THERE'S SOME COMMENTS REGARDING THIS — THIS IDEA THAT THE PEOPLE WHO SPOKE AGAINST IT WERE COMING IN AT THE LAST MINUTE. FOR WHAT I HEAR, THEY WERE TOLD EXPLICITLY AS OF LAST FALL BY CITY STAFF THAT THE TRACTS IN QUESTION, 24 AND 25, WERE ACTUALLY GOING TO BE JUST A RE— A RETREAT AND NOTHING ELSE. THE FACT THAT THAT IS NO LONGER THE LIMITATION ON IT IS NOT INSIGNIFICANT. IT COULD SIGNIFICANTLY ALTER THE WAY THE WHOLE PLAN IS GOING TO PROCEED. MR. — MR. EISENSTEIN WHO I THINK DID SPEAK VERY ELOQUENTLY, PERHAPS AS ELOQUENTLY AS EINSTEIN HIMSELF WOULD HAVE, HAS SAID THAT THE ASPECTS THAT HE FELT TO BE IMPORTANT IN THE — IN THE COMMUNITY, HE LISTED THEM VERY SIGNIFICANTLY, AT THE END OF HIS SPEECH, HE SAID TO Y'ALL DIRECTLY, IF THERE'S ANY PROBLEM WITH THIS, ON BEHALF, I THINK HE WAS SPEAKING ON BEHALF OF THE NEIGHBORHOOD, LET'S JUST LET THIS THING PROCEED AND DEAL WITH 24 AND 25 AS A SEPARATE ISSUE. TO ME THAT MAKES PERFECT SENSE BECAUSE EVERYONE LOVES THE WORK THAT'S BEEN ACCOMPLISHED, BUT THERE'S A COUPLE OF THINGS THAT COULD BE VERY COUNTER TO IT. SPECIFICALLY, THE — THE PROBLEM IS THAT YOU HAVE A NORMAL DEPTH OF TWO TO 300 FEET FOR COMMERCIAL USE IN THE CASE OF TRACTS 24 AND 25. WE ARE LOOKING AT UP TO 600 — 600 SQUARE FEET OF DEPTH. THIS IS A — THIS IS A REAL ENCROACHMENT INTO THE WAY A NEIGHBORHOOD IS GOING TO FEEL IF YOU HAPPEN TO BE IN THAT PART OF THE NEIGHBORHOOD. SO IN CONCLUSION, A RETREAT IS OKAY. A HOTEL AND MOTEL MAY BE OKAY, BUT NOT ON THIS TRACT. LET'S JUST — LET'S JUST ACKNOWLEDGE HOW MUCH HARD WORK HAS BEEN DONE, LET'S ACKNOWLEDGE TH WILLINGNESS TO GET IT RIGHT AND NOT JUST TUCK THIS THING UNDER BECAUSE IT WOULD BE A SHAME, IN MY OPINION. THANK YOU.

THANK YOU VERY MUCH, SIR. MARGARET TUCKER. AND FOLLOWING MS. TUCKER IS MATT CALDWELL. WELCOME. [ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS]

WE WANT TO HAVE THE OPPORTUNITY TO CONTINUE TO EXPLORE THE POAKT THE POSSIBILITY OF THEIR EXPANSION AND OUR RELOCATION. THEY'RE LOOKING FOR PROPERTY OUTSIDE OF AUSTIN. THEY WANT TO HAVE A SCHOOL. THERE ARE MANY THINGS THAT THEY ARE LOOKING FOR THAT THEIR CURRENT LOCATION WON'T GIVE THEM. WE HAVE A HOTEL THAT I WON'T, YOU KNOW, GO ON ABOUT WHAT I THINK WE HAVE DONE WITH GREEN SPACE OR WITH PAYING ATTENTION TO THE CHARACTER OF THE NEIGHBORHOOD. I DID NOTICE THAT THERE WAS A PICTURE OF THE HOTEL AND OUR COFFEE SHOP IN THE NEIGHBORHOOD PLAN. SO I HOPE THAT THAT MEANS THAT THE NEIGHBORHOOD, YOU KNOW, ENJOYS US. WE CERTAINLY ENJOY BEING IN THE NEIGHBORHOOD. WHAT WE'RE ASKING, AND I THINK MR. EISENSTEIN SUGGESTED THIS FOR TRACT 24, IF WE CAN'T REACH AN AGREEMENT TODAY TO ZONE US MIXED USE, I THINK IT'S CALLED GR-MU-CO-MP, IF WE CAN'T REACH THAT AGREEMENT TODAY, I WOULD ASK THAT TRACT 68 BE ELIMINATED OR EXCEPTED FROM THE PLAN TODAY, THAT WE BE GIVEN 30 DAYS TO MEDIATE, AND THAT AT THE END OF THE 30 DAYS IF WE HAVEN'T COME TO AN AGREEMENT THAT TRACT 68 BE CARVED OUT OF THE PLAN ENTIRELY SO THAT WE DON'T MAKE THE WHOLE PLAN FAIL, BUT THAT WE STILL HAVE AN OPPORTUNITY TO BE A PART OF THE NEIGHBORHOOD AND THE WAY WE WOULD LIKE TO, AND THE CHURCH HAS AN OPPORTUNITY TO DO WHAT THEY FEEL IS BEST FOR THEIR — THE MEMBERS OF THEIR CONGREGATION. I'M HAPPY TO ANSWER ANY QUESTIONS AND AGAIN CERTAINLY ANSWER ANYTHING ABOUT WHY WE ARE APPEARING TONIGHT. AND OBVIOUSLY IT'S THE 11TH HOUR, BUT WE CAME AS SOON AS — I DO THINK WE CAN IRON OUT OUR DIFFERENCES. I HOPE WE HAVE NO INTENTION OF DOING ANYTHING OTHER THAN BEING A GOOD NEIGHBOR. [ BUZZER SOUNDS ] SO I HOPE THAT YOU CONSIDER GIVING US SOME TIME TO WORK THIS OUT. THANK YOU.

MAYOR GARCIA: THANK YOU, MS. TUCKER. MATT CALDWELL. AND FOLLOWING HIM IS LESLIE MOORE. WELCOME, SIR.

THANK YOU, MR. MAYOR AND COUNCILMEMBERS. MY NAME IS MATT CALDWELL. I LIVE AT 710 WEST GIBSON. THAT'S PRETTY MUCH SMACK DAB IN THE MIDDLE OF THE NEIGHBORHOOD THAT IS NOW IN QUESTION. I'VE LIVED IN THIS NEIGHBORHOOD SINCE 1976. I REMEMBER BACK IN THE DAYS WHEN THEY TRIED TO STOP TEARING DOWN THE OLD ARMADILLO WORLD HEADQUARTERS. WE WERE THE ONLY PEOPLE AROUND FIGHTING TO DO ANYTHING. SO I WANT TO VOICE A LOUD, CLEAR THANK YOU FOR GIVING US THIS OPPORTUNITY TO BE ABLE TO FINALLY PUT A LOT OF THE SWEAT EQUITY AND TO BRING A LOT OF THE — OF EFFORTS THAT HAVE BEEN PUT IN BY MY NEIGHBORS AND COLLEAGUES TO BRING THIS LEVEL OF PROTECTION AND TO BRING THE LEVEL OF REVITALIZATION THAT HAS OCCURRED IN OUR NEIGHBORHOOD BACK IN THE DAYS WHEN IT WAS VIRTUALLY RED LINED, BACK IN THE DAYS IT WASN'T EVEN A PLACE PEOPLE WANTED TO GO TO. ASK ME A QUESTION, WHY DO I LIVE SO FAR DOWTH SOUTH? NOW PEOPLE SAY WHY DO I LIVE DOWNTOWN? WELL, IT'S BECAUSE WE HAVE A NEIGHBORHOOD. AS I LOOK ON THE PLAN OVER HERE, I SEE WE ARE SURROUNDED BY OTHER GOOD SOLID NEIGHBORHOODS. THE NEIGHBORHOOD PLAN IN FRONT OF YOU IS A SOLID LEVEL OF PROTECTION. IT DOES NO HARM. THERE IS A QUESTION THAT IS BEFORE US NOW WHICH NEEDS TO BE SETTLED. THE FIRST MOTION THAT IS IN FRONT OF YOU TO APPROVE IT, I REALLY ASK FOR YOU TO PLEASE DO SO. THE SECOND ONE, THE MOTIONS FOR NUMBER 44, I STRONGLY SUGGEST THAT WE FOLLOW OPTION 2-D. THE REASON THAT I SUGGEST THAT IS BECAUSE I WANT THE PROCESS TO SUPPORT THE TRUTH. I WANT IT TO SUPPORT EXPERTISE AND I WANT IT TO SUPPORT INCLUSION. BY THAT THOSE PLANNING TEAM MEMBERS WHO ARE NOW HAVING DIFFICULTY IN THIS LAST MOMENT BEING ABLE TO UNDERSTAND ALL THE RAMIFICATIONS OF THIS SUBJECT MATTER OF TRACT 24 AND — NO, JUST 24, I BELIEVE, WE NEED TO BE ABLE TO WORK THAT OUT AND MAKING SURE THAT IT'S AN INCLUSION. THEREFORE THE MOTION THAT IS IN FRONT OF YOU, 2-D, IS SOMETHING THAT WORKS TO BRING EVERYTHING TOGETHER, PUT EVERYTHING ABOVEBOARD AND TO MAKE SURE THAT IT IS AN HONEST AND CLEAR WILL OF THE CITY AND OF THE PEOPLE. WITH THAT I ASK FOR YOUR FULL SUPPORT FOR THE REST OF THE PLAN BECAUSE IT IS A GOOD, SOLID EFFORT FROM NEIGHBORS. AND I AM SO OVERJOYED THAT WE HAVE THE OPPORTUNITY FINALLY, LO THESE DECADES TO HAVE SOMETHING LIKE THIS. THANK YOU ALL VERY MUCH.

GOODMAN: MAYOR, COULD I ASK FOR A QUICK CLARIFICATION?

MAYOR GARCIA: MAYOR PRO TEM HAS A QUESTION, SIR.

GOODMAN: YOUR RECOMMENDATION IS 2-D, SO THAT'S WHAT THE PLANNING COMMISSION RECOMMENDED, BUT IT CHANGED THE PLAN THAT YOU BROUGHT TO THE PLANNING COMMISSION, RIGHT?

WHAT I BELIEVE 2-D IS DOING, IF I UNDERSTAND IT, IS THAT IT'S IN LINE FOR A — ALLOWING FOR A LEVEL OF MEDIATION AND FOR US TO BE ABLE TO MEET WITH THE INTERESTED PARTIES, THE THREE FAK IONS YOU THAT YOU MIGHT SAY THAT ARE INVOLVED WITH THIS, SUCH AS MARTHA, SUCH AS THE INDIVIDUAL NEIGHBORS THAT ARE AROUND WHO FEEL THEY HAVE A VESTED INTEREST, IN WHAT TYPE OF INVESTMENTT DOES APPEAR THERE AND PLANNING TEAM MEMBERS AS WELL AS THE CITY EXPERTS AND THOSE INDIVIDUALS WHO CAN HELP TO GUIDE US THROUGH AND ANSWER QUESTIONS AND TELL US WHAT THE THINGS ARE ABOUT. HAVE I ANSWERED YOUR QUESTION, MA'AM?

GOODMAN: I'M NOT SURE, BUT IT SOUNDED GOOD.

REALLY? [ LAUGHTER ] THE FIRST TIME ANYONE EVER TOLD ME THAT.

MAYOR GARCIA: THANK YOU, SIR. LESS LEE MOORE? — LESS LEE MOORE?

[ INAUDIBLE ]

MAYOR GARCIA: YES. OKAY. I GOT YOU. THANK YOU MUCH.

[ INAUDIBLE ].

MAYOR GARCIA: NO PROBLEM ROBERT MACEL WHITE. HE DOES NOT WISH TO SPEAK, BUT IS AGAINST TRACTS 24 AND 25. MARIO REARMZ DOES NOT WISH TO — RAMIREZ DOES NOT WISH TO SPEAK, BUT IS REGISTERED IN FAVOR OF. MS. LAMBERT, AND THEN IT JOYCE PULLMAN. MS. LAMBERT, WELCOME?

I THINK MS. TUCKER POINTED OUT EVERYTHING THAT WE NEEDED TO TALK ABOUT. I'M FROM THE SAN JOSE HOTEL. I JUST URGE YOU ALL TO VOTE FOR IT-D, BUT I WOULD ALSO LIKE TO POINT OUT ON 2-D AND/OR TRACT 68 BEFORE SECOND READING WE WOULD VERY MUCH LIKE TO BE INVOLVED IN MEDIATION BEFORE THE ND READING WITH THE NEIGHBORHOOD ASSOCIATION IF WE CAN. AND I THINK THAT WE COULD SOLVE A LOT OF THINGS THAT WAY. I THINK THE CHURCH AND THE HOTEL HAVE JUST BEGUN TALKING, AND THAT IT WOULD BE GREAT — THAT WE WOULDN'T HAVE TO COME BACK BEFORE THE CITY COUNCIL TO TRY TO GET REZONING SIX MONTHS FROM NOW OR AT ANOTHER TIME. IT WOULD BE GREAT IF WE HAD THE OPPORTUNITY TO WORK IT OUT NOW. THANK YOU.

MAYOR GARCIA: THANK YOU, MS. LAMBERT. JOYCE PULLMAN? WE HAVEN'T SEEN YOU SINCE THE CANDIDATES.

OH. IS THAT GOOD OR BAD? THANK YOU. WELL, I JUST WANT TO SAY THAT I THINK THAT NEIGHBORHOOD PLANNING — EVERYONE HAS BEEN VERY POSITIVE ABOUT NEIGHBORHOOD PLANNING. I JUST WANT TO SAY THAT I THINK THAT NEIGHBORHOOD PLANNING MIGHT BE ACCRUAL JOKE OF THE CITY COUNCIL IN FORCING US TO ALL SIT DOWN A LITTLE AND HAVING TO PUT UP WITH EACH OTHER FOR LONG MONTHS AT A TIME. AND I WAS A PART OF THIS PROCESS. AND WE STRUGGLED AND WE ARGUED AND WE FOUGHT AND WE LABORED, AND IT WAS A REALLY LONG PROCESS. MY POINT THERE IS WE SPENT A LOT OF TIME ON THIS AND WE THOUGHT ABOUT IT A LOT. AND THERE'S A COUPLE OF ISSUES THAT ARE COMING UP TONIGHT, AND IT'S NOT THAT I DON'T CARE ABOUT THEM, IT'S JUST THAT WE REALLY TALKED, DISCUSSED, ARGUED AND NITPICKED EVERYTHING, IF YOU CAN IMAGINE THAT, TO DEATH, AND WE DON'T REALLY HAVE THE TIME TO DO THAT WITH THE PROPERTY, LOT 68 RIGHT NOW. AND I KNOW THAT I CAN'T REPRESENT THE NEIGHBORHOOD AND THE PEOPLE WHO LIVE AROUND THERE ON WHAT THE ISSUES MIGHT BE THERE. NOW, MS. QUAD LANDER'S PROPERTY IS A WHOLE OTHER STORY. SHE DID SUFFER THE KNIT PICKING AND THE DISCUSSING AND THE ARGUING AND SHE WAS THERE. I'M GOING TO VOUCH TO THAT. SHE CAME AND SHE SHOWED UP AND SHE REALLY WORKED. AND I THINK THE DIFFICULTY THERE IS THAT EVEN THOUGH I MIGHT BE A PLANNER, I DON'T KNOW ALL MY ZONING INSIDE OUT, I'M SORRY, AND WHEN I SAW THOSE ZONING CHANGES, I DIDN'T AND OTHER PEOPLE DIDN'T KNOW ALL OF WHAT THAT MEANT. AND I APOLOGIZE THAT I DIDN'T KNOW THAT. AND WE DIDN'T KNOW ALL OF THE IMPLICATIONS, SO THEN PEOPLE CAME FORWARD AND WE SAID OH, THIS MEANS HOTEL/MOTEL. AND WE DO NOT KNOW — I'LL SPEAK FOR MYSELF. I'M NOT SURE WHAT OWE FOE IF THERE IS A NEED TO BE WORRIED OR IF THERE ISN'T. BUT I DO KNOW THAT THERE'S A CONCERN AND I FEEL LIKE WE OWE IT TO MS. QUAD LANDER TO AT LEAST TRY TO RESOLVE THAT BECAUSE SHE HAS BEEN VERY PRESENT AND SHE'S BEEN VERY FAITHFUL IN TRYING TO ARGUE THIS. SO I WOULD LIKE TO SPEAK IN SUPPORT OF TRYING TO MEDIATE THAT PARTICULAR LOT. I DON'T KNOW IF WE HAVE THE CAPACITY, THE PEOPLE, THE TIME TO DO TWO OF THESE. AND THAT'S MY CONCERN ABOUT DOING BOTH 68 AND 24.

MAYOR GARCIA: THANK YOU. ROBERT SESA REGISTERED NOT WISHING TO SPEAK, IN FAVOR OF. GARY HYATT IS REGISTERED NOT WISHING TO SPEAK AND DONATING THE TIME TO THE PLANNING TEAM AND REGISTERED IN FAVOR OF. BECKY ROME IS REGISTERED NOT WISHING TO SPEAK AND IN FAVOR OF. STEVE CAMPO, MR. STEVE CAMPO? AND FOLLOWING MR. CAMPO IS MR. JOHN HURT. MR. CAMPO, WELCOME, SIR. ARE YOU ON THE PLANNING TEAM?

[ INAUDIBLE ]

MAYOR GARCIA: IF ANYBODY THAT HAS NOT SPOKEN ON THE PLANNING TEAM AND CAN USE MR. HYATT'S TIME, WHEN YOU COME UP YOU WITH TELL ME YOU'RE ON THE PLANNING TEAM AND YOU GET AN ADDITIONAL THREE MINUTES.

MAYOR GARCIA AND COUNCILMEMBERS, MY NAME IS STEVE CAMPO. AND I HAVE A PROPERTY WHICH IMPASSING OUT A HANDOUT WHICH WILL SHOW THAT I AM ON THE NORTHEAST — EXCUSE ME, THE NORTHWEST PORTION OF THE BOULDIN CREEK NEIGHBORHOOD. IT IS 607 DAWSON. AND I AM ASKING FOR A REZONING WHICH I THINK WILL CREATE VIRTUALLY NO CHANGE IN THE USE OF THE PROPERTY AND IN THE NEIGHBORHOOD. WHAT I HAVE THERE IS A LAW OFFICE THAT HAS BEEN SERVING AS A RESIDENCE AND A LAW OFFICE FOR OVER 20 YEARS NOW THAT WAS A LAW OFFICE WHEN ROBERT FOWLER RESIDED THERE AND RAN THE FOWLER AND FOWLER FIRM OUT OF THERE. I BEGAN WORKING AS AN EMPLOYEE THERE IN 1988 AND BEGAN RESIDING THERE IN 1989 WITH MY WIFE. SINCE THEN MR. FOWLER RETIRED IN '93 AND I HAVE BEEN RUNNING MY FIRM CURRENTLY WITH MY PARTNER, JACK CUNNINGHAM, WHO ALSO — WHO NOW RESIDES ON THE PREMISES. AND IT IS A DUPLEX AND WE RUN OUR FIRM ON ONE SIDE, ON THE A SIDE. MR. CUNNINGHAM LIVES ON THE B SIDE, AND I HAVE ANOTHER EMPLOYEE WHO RESIDES ON THE A SIDE. I HAVE — NOT COUNTING MYSELF AND MY PARTNER, MR. CUNNINGHAM, I HAVE TWO FULL-TIME EMPLOYEES, LEGAL ASSISTANTS WHO WORK AT THE PROPERTY, MAKING FOUR FULL-TIME EMPLOYEES. WE ALSO HAVE THREE PART TIME EMPLOYEES, TWO OF WHOM DO MAINTENANCE. ONE OF THOSE PERSONS RESIDES ON THE A SIDE AS WELL. AND THEN WE ALSO HAVE A BOOKKEEPER, AND SHE IS NOT THERE VERY OFTEN BECAUSE WE HAVE SET IT UP SO THAT SHE CAN WORK OUT OF HER HOME AND HAVE ACCESS TO OUR COMPUTERS. SO IN TOTAL WE HAVE SEVEN EMPLOYEES. AND I PRESENTED THIS MODIFICATION TO THE PLANNING COMMISSION ON MARCH 27TH, AND THEY SAID COMMISSIONER HINESETH SUGGESTED THAT THE CITY STAFF SEE HOW WE COULD LEGITIMIZE THE CURRENT USE. AND ONE OF THE OTHER COMMISSIONERS SAID WE'VE SEEN SOME OTHER SF-3 PROPERTIES BEING USED AS APPLIANCE SHOPS. WOULD THIS BE DIFFICULT BECAUSE IT HAS MAINTAINED ITS RESIDENTIAL CHARACTER? AND WHAT I AM REQUESTING IS THAT IT BE MODIFIED FROM SF-3 TO NEIGHBORHOOD OFFICE WITH A MIXED USE SO THAT WE CAN MAINTAIN THE RESIDENCE AS WELL AS THE LAW FIRM. I AM ALSO AGREEING TO CONDITIONAL OVERLAY OF LIMITING THE NUMBER OF EMPLOYEES TO THE CURRENT NUMBER OF 7 AND RESTRICTING THE SIZE OF THE SIGN TO SATISFY NEIGHBORS WHO FEAR THAT THIS MAY BE USED TO GROW. [ BUZZER SOUNDS ] IF I MAY HAVE JUST 20 MORE SECONDS.

MAYOR GARCIA: WE HAVE A LOT OF SPEAKERS. SO I THINK YOU GAVE US THE PAPERS. WE APPRECIATE IT.

IF I MIGHT JUST CLOSE WITH — THE COMMISSIONERS ADDED THIS TO THEIR RECOMMENDATION THAT WE CONSIDER THIS TO THE STAFF TO SEE IF THEY WOULD CONSIDER ADDING THIS, AND THAT'S WHAT I AM ASKING THAT THIS COUNCIL DO IS CONSIDER ADDING THIS TO THE PLAN. THANK YOU.

MAYOR GARCIA: THANK YOU. I ALLOWED SOME EXTRA TIME EARLIER, BUT THAT WAS BEFORE WE FOUND OUT THAT WE HAD 77 SPEAKERS ON THE LIST. SO IF YOU WILL BEAR WITH THE COUNCIL. JOHN HURT?

MR. MAYOR, COUNCILMEMBERS, MAY I SPEAK AS A PLANNING MEMBER WITH MR. HYATT'S TIME?

MAYOR GARCIA: SURE. YOU'RE A PLANNING TEAM MEMBER?

YES, I AM. MY NAME IS COREY WALTON. AND I SIGNED A CARD IN FAVOR OF, BUT DIDN'T FEEL LIKE —

MAYOR GARCIA: GO AHEAD. YOU HAVE THREE MINUTES.

THANK YOU. WHAT I JUST WANTED TO ADD TO MY COLLEAGUES WHO SPENT A LOT MORE TIME AND A LOT MORE OF THEIR ENERGIES INTO FORMULATING THIS PLAN, AND IN ADDITION TO THE REQUEST THAT YOU'VE ALL HEARD THIS EVENING FROM OTHER PARTIES WHO BASICALLY FOR THE MOST PART HAVE JUST APPEARED IN THE LAST COUPLE OF WEEKS TO EITHER THE PLANNING COMMISSION MEETING OR TONIGHT'S GATHERINGS PLEADING VARIOUS CASES FOR INCLUSION, EXCLUSION OR REVISION TO THE PLAN. I'D LIKE TO RESTATE WHAT I BELIEVE THE PLANNING TEAM'S DESIRE IS. AS WE STATED COMING IN HERE, TO ALLOW MS. QUAD LANDER'S PROPERTY, LOT 24, TAKEN OUT OF THE PLAN FOR MEDIATION DISCUSSION BECAUSE AS SAID, SHE'S BEEN WITH US, WORKING WITH US ALL ALONG. AND IN HONOR OF THAT WORK AND RESPECTING IT, WE'D LIKE TO BE ABLE TO TAKE THAT PARCEL OUT OF THE PLAN SO THAT WE CAN MOVE THE PARCEL FORWARD WITH APPROVAL ON — YOUR APPROVAL ON FIRST READING THIS EVENING. BECAUSE OTHERWISE WE — YOU KNOW, HOW MANY OTHER REQUESTS FOR MODIFICATIONS WILL COME UP ON SECOND READING? HOW MANY MORE EDITIONS THAT WE'VE NEVER HEARD FROM BEFORE, THAT WE NEVER PARTICIPATED FROM BEFORE WILL COME UP ON THIRD READING? WHAT I'M SAYING IS THERE HAS BEEN TO BE A POINT AT WHICH THE PLAN MUST BE COMPLETED AND READ AS A PLAN. THIS IS THE PLAN THAT OUR NEIGHBORS WERE SURVEYED ON AND APPROVED AND SENT FORTH TO PLANNING COMMISSION AND TO YOU. SO MY REQUEST, AGAIN, IS TO ALLOW REMOVAL OF LOT 24 FROM THE PLAN FOR MEDIATION, FOR DISCUSSION, AND THEN — 24.

MAYOR GARCIA: THAT'S CORRECT.

AND MOVE THE PLAN AS WRITTEN FORWARD ON FIRST READING.

MAYOR GARCIA: THANK YOU, SIR. THANK YOU VERY MUCH. COUNCILMEMBERS, I HAVE A LETTER WRITTEN BY DORIS D. COWRD AND DEBBIE VOCKER, WHO ARE TWO OF THE APPELLANTS IN THE SAMMY HOUSE CASE THAT WE ARE SUPPOSED TO HEAR TONIGHT. THEY ARE REQUESTING A POSTPONEMENT UNTIL APRIL THE 25TH OF THE YEAR 2002. IS MS. PUERTA HERE? WOULD YOU COME TO THE MIC? THE TWO APPELLANTS ARE — THEY ARE UNABLE TO PARTICIPATE HERE BECAUSE OF A PREVIOUSLY SCHEDULED PROFESSIONAL MEETING IN WASHINGTON. INSTEAD OF Y'ALL SITTING HERE, WE USUALLY GRANT FIRST REQUESTS MADE BY PEOPLE WHEN THERE'S AN ITEM BEFORE THE COUNCIL. THIS IS THEIR FIRST REQUEST FOR A POSTPONEMENT. YOU ALL COULD GET A POSTPONEMENT IF YOU ASKED FOR IT. AND IT SAYS IN THE LETTER, I SPOKE WITH THE DAY CARE SERVICE OPERATOR THIS MORNING AS REQUESTED BY MR. GREG GURNSEY ABOUT OUR REQUEST. SHE, OF COURSE, PREFERS THAT THE ISSUE BE SETTLED AS SOON AS POSSIBLE. BECAUSE OF THE WAY WE DO THINGS HERE, I DON'T WANT TO KEEP YOU HERE ANY LONGER THAN WE HAVE TO SINCE IN ESSENCE THE APPELLANTS ARE NOT HERE. SO UNLESS THERE'S OBJECTION FROM THE COUNCIL, I WILL SUGGEST THAT WE POSTPONE THIS HEARING UNTIL THE 25TH SO THAT WE CAN HAVE THE APPELLANT IS HERE. LET ME SAY THAT ONE OF THE THINGS THAT CAN HELP US TREMENDOUSLY IS INSTEAD OF HAVING 77 PEOPLE SIGN UP TO SPEAK IS IF FOUR OR FIVE OF YOU GET TOGETHER BECAUSE I THINK THE FOUR THAT ARE AGAINST — THOSE ARE YOU THAT ARE HERE — COULD YOU STAND? OR WAVE YOUR HANDS? OKAY.

[ INAUDIBLE ].

MAYOR GARCIA: THERE'S MORE OF THEM OUTSIDE. THOSE OF YOU THAT ARE FOR GRANTING THE APPEAL — YOU CAN SIT DOWN. KNOWS OF YOU THAT ARE FOR GRANTING THE — THOSE OF YOU THAT ARE FOR GRANTING THE APPEAL — THOSE OF YOU THAT ARE FOR GRANTING THE APPEAL, COULD YOU STAND?

WYNN: MAYOR? I DON'T WANT TO CAUSE ANY TROUBLE, BUT IN THIS CASE IT SEEMS — I THINK WE WERE TOLD THAT THERE'S SEVEN FOLKS THAT ARE APPEALING. AND I'M SORRY, BUT THE MAJORITY OF THEM ARE HERE AND MY — YOU KNOW, MY IMPRESSION IS FRANKLY THAT ARGUMENTS WILL BE APPROXIMATELY THE SAME. I THINK ALL THE APPELLANTS HAVE, YOU KNOW, SIMILAR ADJACENT ISSUES. AND SO MANY FOLKS ARE HERE, I'D — BECAUSE THERE ARE SEVEN APPELLANTS AND THE MAJORITY ARE HERE, I'D LIKE TO CONSIDER NOT HAVING OUR STANDARD PRACTICE OF AUTOMATICALLY POSTPONING. [ APPLAUSE ]

MAYOR GARCIA: THE SIX APPELLANTS ARE HERE?

[ INAUDIBLE ].

MAYOR GARCIA: LET ME ASK A QUESTION OF THOSE THAT ARE AGAINST THE APPEAL, BECAUSE WE COULD DO THIS. WE USUALLY GIVE FIVE MINUTES TO THE APPELLANTS, AND THEN FIVE MINUTES TO THE APELL LEE I THINK THEY CALL IT. I DON'T KNOW IF I'M SAYING THAT CORRECTLY. THEN WE RECOGNIZE EVERYBODY ELSE WHO IS SPEAKING. BUT I THINK IF WE COULD IN SOME WAY ABBREVIATE THE PROCESS, MAYBE PICK, YOU KNOW, GIVE 15 MINUTES TO THE APPELLANT AND 15 MINUTES TO THE PEOPLE THAT ARE AGAINST THE APPEAL, THAT MIGHT BE SOMETHING WE COULD DO, OTHERWISE WE'LL BE HERE UNTIL MIDNIGHT, HEARING BASICALLY THE SAME THING BECAUSE THE PEOPLE THAT ARE AGAINST THE APPEALS USUALLY HAVE THE SAME ARGUMENT, THEY HAVE GOOD REASONS WHY THEY WANT SAMMY HOUSE TO — JUST A SECOND. I'M GOING TO GET ADVICE FROM COUNCIL RIGHT NOW.

EXCUSE ME, SIR. I BELIEVE WE HAVE 77 SUPPORTERS, BUT THEY'RE NOT ALL SPEAKING. I WAS UNDER THE IMPRESSION WE HAD AROUND 15. SO I'M NOT SURE EVEN ALL 77 PEOPLE ARE HERE. I MEAN, BUT IT'S QUITE POSSIBLE.

MAYOR GARCIA: WHAT HAPPENED, THIS MEETING WAS — THIS HEARING WAS SCHEDULED FOR LAST WEEK. AND WE WERE SUPPOSED TO HAVE IT HERE. AND WE NOTIFIED THEM OF THE MEETING — THE FACT THAT THE MEETING WAS HERE. THE COUNCIL CHANGED THE MEETING TO CONNALLY GUERRERO AND THEY WERE NOT NOTIFIED, SO THEY WERE NOT ABLE TO MAKE IT, BUT WE — SO WE POSTPONED IT FOR THAT REASON. SO WHAT WE CAN DO IS WE CAN LISTEN TONIGHT TO THE APPELLANTS THAT ARE HERE, AND YOU ALL AS APPELLANTS GET FIVE MINUTES TO MAKE YOUR CASE. AND IF YOU HAVE OTHER PEOPLE WHO WANT TO — SAY AMONGST YOURSELF THAT YOU SELECT ONE PERSON AND THAT PERSON SPEAKS FOR FIVE MINUTES. AND REST OF YOU WHO ARE SIX TOTAL, RIGHT, THE REST OF YOU —

[ INAUDIBLE ]

MAYOR GARCIA: SURE, I UNDERSTAND. BUT HERE'S WHAT I'M PROPOSING IS THAT THE SIX OF YOU WOULD TAKE APPROXIMATELY 30 MINUTES. I'M SORRY, FIVE MINUTES PLUS — 20 MINUTES. FIVE FOR THE APPELLANT AND THREE MINUTES FOR EACH OF THE OTHER APPELLANTS. THAT WOULD BE 15 PLUS FIVE IS 20 MINUTES. THEY HAVE 15 PEOPLE THAT WANT TO SPEAK 45 MINUTES. WE COULD HEAR THAT AND THEN CONTINUE THE HEARING NEXT WEEK WHEN THE TWO PRINCIPAL APPELLANTS ARE HERE. BUT WE WOULD AGAIN HAVE THE HEARING BOTH TONIGHT AND NEXT THURSDAY. MY SUGGESTION IS THAT IF WE'RE GOING TO HAVE A HEARING NEXT THURSDAY — INCIDENTALLY, WE'RE GOING TO BE LOSING SOME OF OUR COUNCILMEMBERS. I HAVE A NOTE FROM ONE OF THEM THAT HAD TO LEAVE BECAUSE SHE HAS TO ATTEND A FORUM, A CANDIDATE FORUM. WE'RE IN THE MIDDLE OF ELECTIONS. AS YOU ALL PROBABLY KNOW. THE LEGAL STAFF HAS ADVISED ME THAT WE WOULD HAVE TO HAVE ANOTHER — HAVE A CONTINUATION OF THIS HEARING NEXT WEEK. SO IF THERE'S SOME WAY THAT WE CAN RESOLVE THIS, MS. HUERTA?

IS THERE ANY WAY WE COULD NEGOTIATE SO THAT THREE MORE CHILDREN COULD START OUR SCHOOL BETWEEN NOW AND THEN SO THAT THEIR PARENTS DON'T LOSE THEIR JOBS?

MAYOR GARCIA: CITY ATTORNEY?

WE DON'T NEED THE WHOLE SIX TO START, BUT WE HAVE THREE CHILDREN WHO NEED TO START TO KEEP THEIR FAMILIES FROM LOSING THEIR JOB.

I HAVE TO DEFER ON STAFF ON THIS. IS MR. BOLES HERE? WHAT THE STAFF NEEDS TO SPEAK ON IS HOW MANY CHILDREN ARE PRESENTLY ENROLLED IN THE SCHOOL AND HOW MANY CHILDREN CAN BE AT THE SCHOOL AND HOW MANY CHILDREN — HOW MANY CHILDREN CAN BE AT THE SCHOOL WITHOUT THE CONDITIONAL USE PERMIT. IF YOU CAN SPEAK TO THAT, WE MAY BE ABLE TO ANSWER THAT QUESTION.

I'M WITH THE PLANNING AND ZONING DEPARTMENT. OUR LAND DEVELOPMENT CODE ALLOWS UP TO SIX CHILDREN WITHOUT THE NEED FOR A SPECIAL — OR A CONDITIONAL USE PERMIT. I'M NOT SURE WHAT THE ENROLLMENT IS AT RIGHT NOW.

IT'S AT SIX.

THEN YOU WOULD HAVE TO HAVE A CONDITIONAL USE PERMIT TO HAVE THE ADDITIONAL THREE CHILDREN THERE BECAUSE THAT PERMIT IS REQUIRED IN ORDER TO OPERATE WITH MORE THAN SIX CHILDREN.

MAYOR GARCIA: LET ME SEE IF I CAN GET — LET ME SEE IF I CAN GET A SENSE OF THE COUNCIL. MAYOR PRO TEM, OF HOW WE — HOW YOU ALL WANT TO PROCEED? DO YOU WANT TO HAVE A HEARING TONIGHT AND THEN HAVE A HEARING NEXT WEEK FOR THE TWO APPELLANTS THAT ARE NOT HERE?

GOODMAN: LET ME SOMETHING JUST AS AN ADJUNCT TO WHAT WE JUST HEARD. YOU CAN HAVE SIX CHILDREN THERE AT ANY ONE TIME. I DON'T KNOW IF ANYTHING CAN BE WORKED OUT TO SORT OF SHIFT FOUR PARENTS TO COME BECAUSE THE NUMBER IS NOT LIKE A STATIC NUMBER WITH CHILDREN NAMED, IT IS A NUMBER. SO IF YOU WOULD HAVE MORE THAN SIX CHILDREN ENROLLED, BUT ONLY SIX CHILDREN ON THE PREMISES AT ANY GIVEN TIME, THAT'S LEGAL.

NO, MA'AM. THEY'RE ALL FULL TIME CHILDREN. THERE'S ONE CHILD THAT'S THERE FOR FOUR DAYS A WEEK ONLY FOUR HOURS SHE'S NOT THERE. AND THE THREE CHILDREN THAT NEED TO COME, THEIR PARENTS WORK FULL TIME.

WYNN: MAYOR?

WE WOULD BE MORE THAN HAPPY TO REDUCE THE NUMBER OF — IF YOU COULD GIVE US A FEW MINUTES TO COLLECT OUR THOUGHTS, WE CAN DEFINITELY REDUCE SOME OF THE NUMBER OF SPEAKERS.

MAYOR GARCIA: WE'RE GOING TO BE CONTINUING THE HEARING ON THE BOULDIN CREEK NEIGHBORHOOD PLAN, SO IF YOU WANT TO TAKE — THIS WILL PROBABLY TAKE ANOTHER HALF HOUR, 45 MINUTES TO FINISH THAT PARTICULAR ITEM. SO WE'LL BE CALLING YOU BACK IN ABOUT 30 TO 45 MINUTES.

THANK YOU.

MAYOR GARCIA: THANK YOU.

WYNN: MAYOR?

MAYOR GARCIA: COUNCILMEMBER WYNN.

WYNN: MS. TERRY, IS THE LEGAL ISSUE THAT BECAUSE ONE OF THE APPLICANTS ISN'T HERE OUR HANDS ARE TIED?

YOU HAVE TWO APPELLANTS WHO PERFECTED AN APPEAL, AND THOSE APPELLANTS WERE NOTIFIED THAT THE APPEAL WOULD TAKE PLACE HERE AT LCRA. IN OTHER WORDS, NOTIFICATION REQUIREMENT SET BY THE CODE REQUIRE US TO NOTIFY THEM WITHIN A SPECIFIED PERIOD OF TIME AS TO WHERE AND TIME OF THE HEARING ON THEIR APPEAL. THE COUNCIL — AFTER THE NOTIFICATION WENT OUT COUNCIL — AND I'M NOT SURE EXACTLY THE SEQUENCE OF EVENTS, BUT MY UNDERSTANDING FROM STAFF IS THAT THIS COUNCIL MADE A DECISION TO MOVE ITS MEETING FROM LCRA TO CONNELLY GUERRERO. BECAUSE OF THAT THE NOTIFICATION THAT WENT OUT TO THE APPELLANTS WAS IMPROPER, THEREFORE YOUR HEARING HAD TO BE PULLED DOWN LAST WEEK BECAUSE NOTIFICATION WAS IMPROPER. AND THAT'S THE REASON WHY IT WAS SET AGAIN HERE AND THE NOTIFICATION WAS PROPERLY HANDLED AND PROPERLY WENT OUT FOR HERE. AND THAT IS WHEN THESE — AS I UNDERSTAND IT, THESE TWO APPELLANTS WHO HAD PERFECTED THEIR APPEAL AND BEEN NOTIFIED ORIGINALLY THAT THE MEETING WOULD BE AT LCRA AND THEN IT WAS CHANGED, THAT WAS WHEN THEIR CONFLICT CAME UP. AND I BELIEVE YOU HAVE THE LETTER THAT HAS BEEN GIVEN TO YOU FOR THEIR REQUEST FOR POSTPONEMENT BECAUSE OF THE CONFLICT.

MAYOR GARCIA: WHAT IS THE WISH OF THE COUNCIL? BETTIE? WE ALSO HAVE — BEFORE WE GET TO THAT ITEM WE ALSO HAVE ITEM 47 THAT HAS 37 PEOPLE SIGNED UP TO SPEAK. COUNCILMEMBER WYNN?

WYNN: SEEMS TO ME WHAT IS PROBABLY GOING THROUGH FOLKS MINDS IS IF WE HAVE A CONTINUANCE OR ESSENTIALLY A TWO-WEEK LONG PUBLIC HEARING, YOU KNOW, FOLKS ARE GOING TO COME TO BOTH OF THEMMENT THEY'RE GOING TO WANT TO BE HERE FOR THE QUOTE UNQUOTE PUBLIC HEARING SINCE THAT'S WHEN THE DECISION WILL BE MADE AND SO WE'RE GOING TO BE DRAGGING FOLKS DOWN HERE ON BOTH SIDES BOTH WEEKS. I'M TRYING TO RESPECT THE EFFORT THAT THEY ALL MADE TO BE HERE, BUT I THINK WHAT WILL END UP HAPPENING IS IF WE HAVE SORT OF A CONTINUANCE OR A TWO-WEEK MEETING YOU CAN — EVERYBODY WILL COME HERE FOR BOTH MEETINGS. AND THAT'S TROUBLESOME FOR EVERYBODY.

MAYOR GARCIA: COUNCILMEMBER ALVAREZ?

ALVAREZ: I SUPPOSE IF WE HEAR TESTIMONY TONIGHT AND THE NEXT TIME SAY EACH SIDE ONLY GETS 10 MINUTES EACH, WHICH IS WHAT WE WERE ORIGINALLY TALKING ABOUT FOR THIS PARTICULAR HEARING. MAYBE IF THAT'S A MIDDLE GROUND.

MAYOR GARCIA: THE PROBLEM ISIS THEY'RE GOING TO HAVE A WAIT ANOTHER HOUR, HOUR AND A HALF, TWO HOURS TO START THE HEARING BECAUSE WE HAVE ITEM 47 AHEAD OF THEM. SO IT WOULD BE 9:00 O'CLOCK BEFORE WE START. AND THEN THEY'LL GO UNTIL MIDNIGHT OR SO AND THEN THEY HAVE TO COME BACK NEXT WEEK. SO I DON'T FAVOR THE IDEA OF KEEPING PEOPLE HERE WHEN THEY ARE BASICALLY GOING TO COME BACK NEXT WEEK. SO THAT'S — I THINK THAT'S PROBABLY INAPPROPRIATE. ANYWAY.

GOODMAN: WELL, MAYOR, THERE IS WHAT WE HAVE DONE OCCASIONALLY, WHICH IS KIND OF SWITCH BACK AND FORTH SO THAT SOME PEOPLE ARE ABLE TO SPEAK ON DIFFERENT — WE CHANGE FROM A PUBLIC HEARING TO ANOTHER PUBLIC HEARING SO THAT SOME PEOPLE ARE ABLE TO SPEAK IN SHIFTS AND AT LEAST DON'T HAVE TO GO HOME ENTIRELY NEVER HAVING SPOKEN. I DON'T KNOW IF WE WANT TO TRY THAT. IT DOES GET CONFUSING TIMES.

MAYOR GARCIA: I NEVER LIKED THAT. [ LAUGHTER ] I NEVER LIKED THAT BECAUSE I NEVER KNEW WHAT WAS BEING DISCUSSED AND CONCENTRATING ON THE TOPIC AND KEEPING — HAVING SOME CONTINUATION ON THE TOPIC OF THE DISCUSSION. I KNOW MAYOR WATSON DID THAT, BUT I HAD DIFFICULTY WITH IT.

GOODMAN: THE OTHER THING I WOULD LIKE TO SAY IS THAT ALTHOUGH I UNDERSTAND HOW DIFFICULT THIS IS, I THINK THAT BECAUSE IT WAS ACTUALLY OUR ACTIONS THAT CAUSED THEM THE ORIGINAL TWO APPELLANTS TO MISS THE MEETING THAT WE CAN'T TAKE ACTION WITHOUT THEM. SO IT HAS ON TO A WEEK LATER THAN WE HAD PLANNED BECAUSE I DON'T THINK THAT IN GOOD CONSCIENCE HAVING CAUSED THE DIFFICULTY WE CAN THEN GO ON WITHOUT THEM. IT WOULDN'T BE THEIR FAULT.

MAYOR GARCIA: COME TO THE MIC, PLEASE, SIR, AND STATE YOUR NAME.

MY NAME IS MARK BRITT TAN AND I LIVE IN AUSTIN. THERE'S OBVIOUSLY A TREMENDOUS AMOUNT OF SUPPORT TO THE SAMMY'S HOUSE. AND MY QUESTION ONLY IS WILL WE BE ABLE TO ALLOW THE CARDS, THE WAY THEY VOTED, WILL THEY BE ABLE TO STAND TONIGHT? WILL THEY BE APPLICABLE?

THIS IS THE WAY WE WILL DO IT. LET'S SAY, FOR INSTANCE, YOU PICK 15 SPEAKERS NEXT THURSDAY, OKAY? THOSE 15 WILL SPEAK. I WILL READ INTO THE RECORD EVERY SINGLE CARD, HOW THEY ARE REGISTERED. SO THE RECORD WILL REFLECT, PLUS THE FACT THAT WE'LL HAVE THE CARDS.

SO OBVIOUSLY WE WON'T NEED THIS MASSIVE SUPPORT OF FOLKS HERE.

MAYOR GARCIA: THEY CAN COME IN THEY WANT TO. IT'S AN OPEN MEETING AND WE OPERATE VERY DEMOCRATICALLY IN AUSTIN. YOU'RE WELCOME TO COME. BUT, YOU KNOW, MS. HUERTA SAID 15 PEOPLE WOULD SPEAK, SO WE WOULD RECOGNIZE THOSE 15 PEOPLE AND THEN THE OTHERS I WILL READ INTO THE RECORD THEIR NAMES AND THEIR POSITION ON THE APPEAL.

OKAY. SO AGAIN MY QUESTION IS THE CARDS THAT WE FILLED OUT TONIGHT, THEY'LL NOT BE —

MAYOR GARCIA: IF WE DON'T HAVE THE HEARING, WE'LL HAVE THOSE FOR NEXT WEEK.

THEY WILL BE TAKEN INTO CONSIDERATION?

MAYOR GARCIA: ABSOLUTELY.

THANK YOU VERY MUCH. THANKS SO MUCH. [ APPLAUSE ].

MAYOR GARCIA: WHAT WE'LL DO WITH THEM IS THEY'RE STAMPED APRIL THE 18TH. WE'LL STAMP THEM APRIL THE 25TH. YES, SIR, COME TO THE MIC. COME TO THE MIC, PLEASE, SIR.

MR. MAYOR, I HAVE A QUESTION.

MAYOR GARCIA: YES, SIR.

IT APPEARS THESE PEOPLE FROM ALL OVER THE CITY, THEY STACK THE DECK TO SO IT SPEAK. YOU SEE WHAT WE HAVE. YOU HAVE ALL THESE PEOPLE AND GOD KNOWS WHO ELSE SIGNED UP FOR THAT. NOW, HOW DO YOU DIFFERENTIATE IF IT'S ACTUALLY SOMEBODY INVOLVED AS A NEIGHBOR OR SOMEBODY THAT LIVES IN PFLUGERVILLE OR SOMEBODY'S AUNT OR SOMEBODY ELSE THAT CAME HERE IN SUPPORT OF THEIR CAUSE?

MAYOR GARCIA: THE RULES ARE THAT EVERYBODY WHO SIGNS ONE OF THESE CARDS SAYS WHETHER THEY WANT TO SPEAK. AND THEY SAY YES, AND I'LL RECOGNIZE THEM. IF THEY SAY NO, I'LL SAY NO AND IT'S REGISTERED AGAINST OR FOR THE APPEAL.

IT DOESN'T MATTER WHERE THEY LIVE OR ANYTHING ELSE? AS LONG AS THEY'RE IN THE CITY?

MAYOR GARCIA: IF THEY'RE SIGNED UP TO SPEAK, THEY WILL BE RECOGNIZED. AND I DON'T READ ADDRESSES. BUT LET ME SAY THAT I HAVE BEEN HERE — I WAS HERE NINE YEARS BEFORE AND I'VE BEEN BACK NOW FOR FIVE MONTHS. AND I HAVE SEEN CASES WHERE 80 PEOPLE SIGN ON ONE SIDE AND TWO PEOPLE SIGN ON THE OTHER. AND THE COUNCIL DECIDES TO GO WITH, YOU KNOW —

OKAY. THANKS FOR CLARIFYING.

MAYOR GARCIA: THE COUNCIL IS, OF COURSE, GOING TO EVALUATE THE SUBSTANCE AND THE ESSENCE OF THE ARGUMENT. AND, YOU KNOW, NOT — WE DO IT BY QUALITY, NOT QUANTITY. YES, SIR?

IF I MIGHT, MAYOR, MY NAME IS RANDALL TAYLOR AND I'M AN ATTORNEY FOR SOME OF THE APPELLANTS. AS A PROCEDURAL OBSERVATION I WOULD LIKE MAKE A POINT THAT IF YOU SPLIT THE HEARING THERE MAY BE SOME QUESTION RELATED TO WHICH COUNCILMEMBERS ARE ENTITLED TO VOTE ON THE ISSUE BECAUSE THEY HEARD ALL OF THE PEOPLE SPEAKING ON THE ISSUE. SO IF YOU GET INTO A QUORUM ISSUE, THE FINAL VOTE MAY HAVE TO BE LIMITED TO THOSE COUNCILMEMBERS WHO HEARD ALL OF THE ARGUMENTS.

GOODMAN: NO. [ LAUGHTER ]

MAYOR GARCIA: GOOD POINT, COUNCILMEMBERS, BUT THAT'S NOT THE WAY IT WORKS. WE WILL THEN POSTPONE THE HEARING AND ALL THESE CARDS WILL BE READ INTO THE RECORD IN THE INTERIM SO THAT PEOPLE WHO ARE HERE IN SUPPORT OF SAMMY HOUSE, MAKE SURE YOU SELECT THE FOLKS THAT ARE GOING TO SPEAK SO THAT YOU CAN BE READY. AND THEN I'LL READ EVERYBODY ELSE'S CARD. THANK YOU VERY MUCH. [ APPLAUSE ].

MAYOR, MAYOR. CAN YOU JUST CLARIFY, IT'S 15 SPEAKERS, THREE MINUTES EACH? WE JUST WANT TO BE EXACTLY SURE.

MAYOR GARCIA: WELL, THE APPLE LEE IS SAMMY HOUSE, THEY GET FIVE MINUTES. THE OTHER 14 GET THREE MINUTES, WHICH IS 42, SO 47 MINUTES.

SO THREE MINUTES FOR EACH PERSON THAT FILED AN APPEAL?

MAYOR GARCIA: THE APPELLANTS — THAT'S A GOOD QUESTION. YOU HAVE HOW MANY APPELLANTS, SIX?

SIX OR SEVEN. I DON'T KNOW. HOW MANY APPELLANTS DO WE HAVE, TOM?

I BELIEVE THERE ARE SEVEN.

MAYOR GARCIA: SEVEN? MS. TERRY, DO EACH ONE GET FIVE MINUTES?

YOUR NORMAL RULES OF OPERATIONS ALLOW YOU TO DECIDE HOW MUCH TIME THE APPELLANT GETS VERSUS HOW MUCH TIME OTHERS SPEAKING IN FAVOR OR OPPOSED TO. OUR AAPPROXIMATELY LEE AND APPELLANTS SHOULD GET AN EQUAL AMOUNT OF TIME. IF YOU HAVE FIVE APPELLANTS, YOUR STANDARD PROCEDURE HAS BEEN TO GIVE EACH ONE OF THOSE APPELLANTS THE SAME AMOUNT OF TIME.

MAYOR GARCIA: IT WORKS WONDERFUL THEN BECAUSE HE HAS SEVEN APPELLANTS AND FIVE MINUTES APIECE, 35 MINUTES. THE OTHER SIDE GETS 47. AND THEN YOU GET THREE MINUTES FOR REBUTTAL, THEY GET THREE MINUTES FOR REBUTTAL, CORRECT?

WELL —

MAYOR GARCIA: WE CAN DO IT 45 AND 45 AND THAT WAY YOU CAN GET IT — GET YOUR 45 MINUTES AND DO YOUR PRESENTATIONS, OKAY?

OKAY. AND ONLY APPELLANTS CAN SPEAK ON OUR SIDE?

NO, BUT YOU HAVE 45 MINUTES.

45 MINUTES TO DO WHATEVER WE WANT.

MAYOR GARCIA: RIGHT.

THAT INCLUDES REBUTTAL.

MAYOR GARCIA: THAT INCLUDES WHAT?

IS THERE A REBUTTAL PROCESS? IS IT A, B AND IT'S OVER.

MAYOR GARCIA: 45 MINUTES INCLUDES THE REBUTTAL. OKAY?

THANK YOU.

MAYOR GARCIA: OKAY. YOU WILL BE RECOGNIZED FIRST FOR 45 MINUTES AND THEN THE APELL LEE WILL BE RECOGNIZED FOR 45 MINUTES, SO YOU TAKE 42 AND THEN THREE AT THE END, OKAY? GOT IT. THANK YOU VERY MUCH. NOW I'M GOING TO TAKE ABOUT A TWO-MINUTE BREAK SO WE CAN CLEAR THE CHAMBERS AND GO ON TO THE OTHER ITEMS. THANK YOU VERY MUCH. YOU'VE BEEN VERY COOPERATIVE AND I REALLY APPRECIATE THAT.

MAYOR GARCIA: MR. STEFANSE. WALLS? OKAY. YOU ARE — SIR? IF YOU COULD COME TO THE MIC. YOU'RE REGISTERED IN FAVOR OF.

IN FAVOR. IN FAVOR OF.

MAYOR GARCIA: IN FAVOR OF THE PLAN. THANK YOU, SIR. SARAH CROCKER? AND FOLLOWING MS. CROCKER IS BECCA BRUCE. DOES NOT WISH TO PE, IS REGISTERED IN FAVOR OF. ISAAC CISNEROS DOES NOT WISH TO SPEAK, IN FAVOR OF. MAYOR REI CAN'T BETTENCOURT DOES NOT WISH TO SPEAK, IS REGISTERED IN MAYOR OF. MS. CROCKER, QUESTION — IN FAVOR OF. MS. CROCKER, WELCOME.

GOOD EVENING LADIES AND GENTLEMEN OF THE COUNCIL. MY NAME IS SARAH CROCKER AND I'M HERE TONIGHT ON BEHALF OF MARGARET QUAD LANDER. I'D LIEBLGLIKE TO POINT OUT A — LIKE TO POINT OUT A FEW THINGS IF I COULD. I'LL BE BRIEF. THERE'S BEEN A LOT OF DISCUSSION ABOUT THE 600 FEET OF ZONING THAT EXTENDS BACK INTO THE NEIGHBORHOOD. IF YOU COULD LOOK AT THE ZONING MAP FOR A MINUTE YOU WILL SEE THESE TWO GREEN AREAS RIGHT DOWN HERE AREN'T TRACT NUMBER 24. TRACT NUMBER 25, AND THEY'RE NOT HOOKED TOGETHER, THEY'RE SEPARATE BID A CREEK, ARE ACTUALLY THESE LOTS RIGHT HERE AND THE OTHER LOTS ADJACENT SOUTH FIRST STREET. THE DARK BROWN AREA THAT YOU SEE ALL THE WAY DOWN THROUGH HERE EXTENDING BACK UP INTO THE NEIGHBORHOOD HERE, NOT JUST ALONG SOUTH FIRST TREAT IS ALSO BEING ZONED GR-MU WITH MUCH FEWER CONDITIONS THAN HOPEFULLY TRC NUMBER 24. TRACT NUMBER 24 IS ALSO ADJACENT TO THIS MS-2, WHICH IS A COMPLETELY DESIGNED, VERY DENSE CONDOMINIUM PROJECT, SO IT'S NOT SORT OF SITTING OUT IN THE MIDDLE OF NOWHERE. THE AREA THAT YOU SEE AROUND THERE IS ALSO RED HASH MARKED IS SINGLE-FAMILY LOTS AND THOSE ARE ALSO OWNED BY MS. QUAD LANDER. SO WHILE HER PROPERTY MAY EXTEND THAT FAR BACK, HER ABILITY TO OPEN DWOP ON THAT PROPERTY DOES NOT EXTEND THAT FAR BACK. THAT'S BEEN A LOT OF DISCUSSION TONIGHT ABOUT A HOTEL MOTEL USE. LET ME POINT OUT TO YOU THAT AS MS. QUAD LANDER SAID, SHE WANTS TO BUILD A RETREAT CENTER. AND STAFF CAME UP WITH THAT USE. THAT'S THE ONLY USE THAT THEY SAY IS IN THE CODE THAT IT CAN ACCOMMODATE A RETREAT CENTER. THAT WAS NOT HER CHOICE. WE HAVE SAT DOWN IN THE LAST WEEK AND ACTUALLY LAND PLANNED WHAT MS. QUAD LANDER CAN DO IN THIS PIECE OF PROPERTY. I HAVE GIVEN ALL OF YOU HANDOUTS UP THERE. IF YOU LOOK AT THE BOARD UP HERE, WE HAVE TWO DIFFERENT SCENARIOS. NOBODY HAS TAKEN THIS TRACT AND LOOKED AT IT. WHAT YOU CAN DO ON THIS PROPERTY WITH ALL OF THE SITE CONSTRAINTS. IT HAS A LOT OF TOPOGRAPHIC CONSTRAINTS AND ALSO A WASTEWATER EASEMENT WHICH BY SECRETARIES THE TRACT. SCENARIO NUMBER ONE SHOWS ABSOLUTE MAXIMUM DEVELOPMENT. AND WHAT WE'VE SHOWN ON THIS TRACT IS THE VERY MAXIMUM AMOUNT OF DEVELOPMENT THAT YOU CAN PUT ON IT IS 15,200 SQUARE FEET IN A TWO-STORY BUILDING. AND R. AND THAT'S IT. THAT'S THE MAXIMUM AMOUNT OF BUILDING SQUARE FOOT. THIS IS 20% IMPERVIOUS COVER AND IT WORKS OUT TO ABOUT A .15 FAR. THAT'S MUCH LESS THAN IT ALLOWED FOR ANY OTHER TRACT. THIS TRACT IS ALSO LIMITED TO ONE COMMERCIAL USE. ONE. HOTEL/MOTEL. AND AGAIN, THAT WAS NOT MY CLIENT'S CHOICE, THAT WAS THE ONLY CHOICE THAT STAFF COULD COME UP WITH IN THE CODE THAT PERMITTED HER TO DO A RETREAT CENTER. SCENARIO NUMBER 2 SAYS AN 8,100 SQUAREE FOOT ONE-STORY BUILDING. BOTTOM LINE ON THIS TRACT, YOU CANNOT PUT — YOU COULD NEVER PUT 20 TO 30,000 SQUARE FEET ON THIS PROPERTY. YOU CAN'T DO IT. AND YOU NEED TO— WHENEVER THESE PLANS COME UP, YOU'VE GOT TO LOOK AT THESE PIECES OF PROPERTY, ESPECIALLY WHEN THEY GET IN DISPUTES, ON A TRACT BY TRACT BASIS. AND I THINK THAT ALL OF THIS IS VERY IMPORTANT. MAR GRIT QUAD LANDER HAS WORKED ON THE NEIGHBORHOOD PLAN FOR 18 MONTHS. I KNOW THERE ARE SOME ISSUES TO WORK OUT. WE WOULD BE MORE THAN HAPPY TO GO TO MEDIATION THE NEXT 30 DAYS. I DO THINK THAT WE CAN ADDRESS THOSE POINTS BECAUSE A LOT OF THE THINGS THAT PEOPLE WANTED AND THE INFORMATION THAT THEY WANTED IN THE LAST WEEK WE'VE BEEN ABLE TO SIT DOWN AND PROVIDE. AND THE ONLY REASON THIS WASN'T GIVEN TO THE PLANNING TEAM OR TO ANYBODY ELSE, I WAS HIRED LAST THURSDAY AFTERNOON LATE AND WE DIDN'T GET THIS DONE UNTIL THIS MORNING. SO WE'RE LOOKING FORWARD TO GOING FORWARD AND WORKING WITH ANY OF THE ADJACENT NEIGHBORS AND THE PLANNING TEAM AND ANYBODY ELSE THAT WANTS TO SHOW UP AT MEDIATION WITHIN THE NEXT 30 DAYS AND I HAVE EVER CONFIDENCE THAT WE CAN GET THIS RESOLVED. THANK YOU.

MAYOR GARCIA: THANK YOU, MS. CROCKER. COUNCIL, THAT'S ALL OF THE SPEAKERS THAT WE HAVE ON THIS PARTICULAR ISSUE. I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.

WYNN: SO MOVE.

MAYOR GARCIA: MOTION BY COUNCILMEMBER WYNN TO CLOSE THE PUBLIC HEARING. SECONDED BY COUNCILMEMBER THOMAS. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

MAYOR GARCIA: OPPOSED NO. MOTION CARRIES. THE PUBLIC HEARING IS CLOSED. DO WE HAVE A STAFF PERSON THAT HANDLES THIS — THERE HE IS. COUNCILMEMBERS, QUESTIONS FOR STAFF? ANYBODY? THIS PARTICULAR PROPOSAL IS BEING PROPOSED — THESE TWO CASES ARE BEING PROPOSED FOR FIRST READING ONLY.

BOTH THE PLAN AND ALL OF THE ZONING CHANGES ARE BEING PROPOSED FOR FIRST READING ONLY TONIGHT.

MAYOR GARCIA: OKAY. AND MS. CROCKER, YOU DON'T HAVE ANY PROBLEM WITH HAVING MS. QUAD LANDER'S PROPERTY INCLUDED IN THE PLAN AND IN THE ZONING, CORRECT?

[ INAUDIBLE ]

MAYOR GARCIA: THEN YOU WOULD LIKE TO SET IT 30 DAYS FOR MEDIATION?

YES, SIR. IF IT COULD BE LEFT IN THE PLAN IF FOR FIRST READING AND WE GO TO 30 DAYS TO MEDIATION.

MAYOR GARCIA: IS THE LEADER OF THE PLANNING TEAM ALSO HERE OR SOMEBODY FROM THE PLANNING TEAM? COULD YOU COME UP?

E WHOLE PLANNING TEAM IS COMING UP.

WE HAVE AN EXECUTIVE PLANNING COMMITTEE OF FOUR OF US. IN TEMZ OF THIS QUESTION — IN TERMS OF THIS QUESTION WE SUPPORT GOING TO MEDIATION OVER THE ISSUE OF THE QUAD LANDER PROPERTIES, SO I GUESS WE SUPPORT THE FIRST MEETING GOING FORWARD TO MEDIATION AND RESOLVING IT WITHIN A MONTH.

MAYOR GARCIA: OKAY. THANK YOU VERY MUCH. I WILL ENTERTAIN A MOTION TO —

SLUSHER: MAYOR. I WOULD MOVE APPROVAL OF THE PLAN ON FIRST READING AND THE 30-DAY MEDIATION AS STATED. I HAVE A QUESTION, THOUGH, FOR THE PLANNING TEAM.

MAYOR GARCIA: I THINK YOUR NAMES SHOULD GO TO EINSTEIN. MAYBE A PRESENTATION. [ LAUGHTER ] I CAN'T BELIEVE ANYBODY COULD SPEAK FOR NINE MINUTES WITHOUT LOOKING AT THE NOTES.

[ INAUDIBLE ]

SLUSHER: I UNDERSTAND THE FOLKS FROM THE SAN JOSE HOTEL HAVE — HAVE SOMETHING THEY WANT TO DISCUSS IN THE INTERIM AND I CAN UNDERSTAND THAT AFTER THIS LONG GOING THROUGH THIS THAT YOU WOULDN'T WANT TO GO INTO TWO MEDIATIONS AT ONCE. BUT I GUESS WHAT I WOULD ASK IS THAT THERE JUST BE SOME COMMUNICATION WITH THEM DURING THIS TIME BECAUSE I THINK THEY ARE A GOOD PART OF THE NEIGHBORHOOD. AND I DON'T KNOW IF ANYTHING WILL BE WORKED OUT AND I'M NOT SAYING DON'T GO TO MEDIATION. AT THE TIME TELL ME YOUR COMMENTS ON THAT BECAUSE YOU'VE BEEN INVOLVED IN IT THE WHOLE TIME.

I'M NOT SURE WHAT KIND OF COMMUNICATION WOULD TAKE PLACE. WHAT DO YOU HAVE IN MIND?

SLUSHER: WELL, THE THING IS LET'S SAY WITH THE ZONING CASE. AND THERE'S A DISAGREEMENT. THIS IS NOT A ZONING CASE LEVEL YET, BUT THERE'S — WELL, I GUESS IT IS BECAUSE OF THE PLAN, BUT THERE CAN BE SOME — ONE OR TWO PEOPLE MAYBE FROM THE TEAM THAT HAVE TALKED TO THEM AND THAT WOULD FALL SHORT OF MEDIATION AND HAVING A MEDIATION. AND MAYBE YOU CAN'T WORK ANYTHING OUT, BUT I THINK IT'S A GOOD BUSINESS THERE, THEY WANT TO EXPAND, MAYBE IT'S TOO MUCH TO ASK TO DO IN A MONTH, BUT MAYBE THERE'S SOMETHING THERE THAT'S AN EASY SOLUTION THAT YOU WOULD FIND FROM TALKING TO THEM.

WE'VE REALLY PRIDED OURSELVES ON BEING A PUBLIC PROCESS. AND IF WE RESTRICT THIS KIND OF COMMUNICATION TO SIMPLY TWO PEOPLE GOING AND TALKING ABOUT IT, IT WOULD NO LONGER BE A PUBLIC PROCESS.

SLUSHER: ARE YOU SAYING YOU WOULD GO BEFORE THE WHOLE GROUP?

WE DON'T HAVE A WHOLE GROUP ANY MORE. THE OFFICIAL PLANNING TEAM AT THE LAST MEETING IN JANUARY WHEN THE PLAN WENT TO THE SECOND AND FINAL SURVEY. WE HAVE NOT MET AS A WHOLE GROUP SINCE THEN.

SLUSHER: SO THE GROUP HADN'T EVEN HEARD —

WE HAVE NOT HEARD OF THIS ISSUE UNTIL MONDAY NIGHT WHEN THE EXECUTIVE COMMITTEE MET TO PREPARE FOR THIS MEETING, THAT WAS THE FIRST THAT WE EVEN HEARD OF THIS ISSUE. WE REALLY FEEL THAT IT IS TOO BIG OF A REQUEST TO JUST WALK INTO AND TO DEAL WITH UNDER THE CURRENT CIRCUMSTANCES. OUR NEIGHBORHOOD APPROVED A PLAN THAT DOES NOT INCLUDE THIS PARTICULAR SET ASIDE. THE PLANNING COMMISSION APPROVED A PLAN THAT DOES NOT INCLUDE THIS SET ASIDE, THIS PARTICULAR ZONING REQUEST. WE REALLY FEEL THAT TO DO HONOR TO THE PROCESS, TO DO HONOR TO OUR NEIGHBORS THAT THIS NEEDS TO GO THROUGH A PUBLIC PROCESS AND —

SLUSHER: YOU MAKE A PER SWAY SIEVE POINT, SO I'LL JUST LEAVE MY MOTION AS IT STANDS. PERSUASIVE POINT.

MAYOR GARCIA: FOR THE PLAN OR THE PLAN AND THE ZONING.

SLUSHER: THE PLAN AND THE 30 DAY MEDIATION WITH MS. QUAD LANDER'S PROPERTY AS THE PLANNING TEAM SUPPORTS. I THINK THAT WAS 1-B, WASN'T IT?

IF THE DESIRE IS TO APPROVE THE REZONING AS RECOMMENDED BY THE PLANNING COMMISSION AND ALSO TO DO FIRST READING — ON FIRST READING AND TO APPROVE THE PLAN ON FIRST READING, YOU HAVE WHAT YOU'RE DOING IS THAT YOU WILL DO MOTION 1, WHICH IS ADOPT — APPROVE THE BOULDIN CREEK NEIGHBORHOOD PLAN ON FIRST READING AND THEN THAT'S ON ITEM 43. AND THEN ON —

MAYOR GARCIA: AND THAT WOULD DEAL WITH THE —

OKAY. ON ITEM 44 IT BECOMES MOTION 2-D, YOU'RE APPROVING THE NPCD REZONING AS RECOMMENDED BY PLANNING COMMISSION, FIRST READING AND YOU'RE DIRECTED THE STAFF AND THE NEIGHBORHOOD PLANNING TEAM TO MEET WITH INTERESTED PARTIES ON TRACT 24 AND TO DO THE MEDIATION.

SLUSHER: IS THAT CONSISTENT WITH WHAT THE PLANNING TEAM SUPPORTS? OKAY. THAT'S MY MOTION.

MAYOR GARCIA: OKAY. SO HE'S DOING BOTH, 43 AND 44. YES? ARE YOU — [ LAUGHTER ] IS THERE A SECOND? SECONDED BY COUNCILMEMBER THOMAS. MAYOR PRO TEM?

GOODMAN: COULD I ASK THE MAKER OF THE MOTION A SECOND? WAS YOUR MOTION ONLY ON TRACT 24? — IS THAT THE 607 DAWSON?

THE RECOMMENDATION IN THE SCRIPT IS THAT IT INCLUDE TRACT 24 AND/OR TRACT 68.

GOODMAN: AND IT DOESN'T MENTION —

SLUSHER: NO WANT. I FELT LIKE SHE MADE SOME PERSUASIVE POINTS, EVEN THOUGH IT WAS A GOOD FAITH EFFORT TO COME INTO THIS, IT JUST HAPPENED LATE, AND I DON'T THINK — I THINK PUTTING IT ON THE PLAN AT THIS TIME WOULD NOT BE THE WAY TO GO ABOUT IT. AND THE OTHER ONE, I DON'T KNOW THAT THAT NEEDS TO GO TO MEDIATION.

GOODMAN: NO. I WAS TRYING TO SEE IF WE WANTED TO ROLL IN ALL THE POINTS OF CONTENTION INTO THIS PROCESS IN BETWEEN FIRST AND THIRD READINGS.

SLUSHER: YOU WEREN'T HERE WHEN WE HAD — YOU JUST GOT BACK, RIGHT? WE JUST HAD A DISCUSSION ABOUT THAT. I WAS GOING TO PUT IN 68 AND THEY CONVINCED ME OTHERWISE.

MAYOR GARCIA: OKAY. FURTHER DISCUSSION OR QUESTIONS FOR STAFF?

WYNN: MAYOR?

MAYOR GARCIA: COUNCILMEMBER WYNN.

WYNN: I WOULD LIKE TO ENCOURAGE MS. TUCKER AND OTHERS WITH THE SAN JOSE HOTEL, WHILE ITIS IS STILL GOING THROUGH MEDIATION ON THE INDIVIDUAL TRACT 24 AND WE STILL ANTICIPATE A SECOND AND THIRD READING, PLEASE DO CONTINUE TO WORK WITH YOUR ADJACENT PROPERTY OWNER AND COME UP WITH YOUR IDEAS AS TO HOW BEST AND APPROPRIATE TO UTILIZE THAT PROPERTY AT ANY GIVEN TIME DESPITE NOT A FORMAL SORT OF MEDIATION REQUEST BY COUNCIL. YOU KNOW, WORK ON IDEAS ABOUT YOUR PROPERTY AND WHAT IT CAN AND COULD BE AND JUST BRING THAT FORWARD. THE TIME FRAME BETWEEN FIRST AND THIRD READING HAS VARIED SIGNIFICANTLY ON THESE NEIGHBORHOOD PLANS, BUT IT'S GOING TO BE WEEKS BEFORE ITS FINALIZED. AND THERE'S NO REASON FOR YOU NOT TO CONTINUE TO TRY TO THINK ABOUT THE FUTURE OF THAT PROPERTY AND THE ADJACENT PROPERTIES AND AT SOME POINT PROBABLY YOU SHOULD MEET WITH YOUR NEIGHBORS AND FOLKS ALWAYS DO. [ONE MOMENT, PLEASE, WHILE CAPTIONERS]

NS? DISCUSSION. ALL THOSE IN FAVOR OF THE MOTION — DO YOU WANT TO RESTATE THE MOTION, MS. BROWN?

NE MOMENT, PLEASE, WHILE CAPTIONERS

MAYOR GARCIA: MOTION CARRIES ON A VOTE OF 6 TO 1 # 0 TO 1. I WANT TO SAY THANK YOU ALL, THANK YOU VERY MUCH. — THANK YOU FOR THE PLANNING TEAM, YOU ALL DID A TREMENDOUS AMOUNT OF WORK. THANK YOU VERY MUCH. 6 TO 0 TO 1. I'M GOING TO ASK THE — I'M GOING TO ASK OUR ATTORNEY TO TALK ABOUT THE VALID PETITION ISSUE. HIS.

THE REQUIREMENT — MR. GUERNSEY, LET ME — THE REQUIREMENT FOR THE 3-4THS MAJORITY OCCURS AT THIRD READING. $?WHEN — WHEN A VALID PETITION IS FILED, THAT — THE FINAL READING ON THE ORDINANCE MUST BE APPROVED BY SUPER MAJORITY OF THE COUNCIL, FIRST READING AND EVEN A SECOND READING DOES NOT HAVE TO HAVE A SUPER MAJORITY. THE VALID PETITION TRIGGERS THE THIRD READING — IS TRIGGERED — OR TRIGGERS THE SUPER MAJORITY REQUIREMENT ON THE THIRD READING. I HOPE THAT HELPS YOU.

MAYOR GARCIA: WHEN WE DO SECOND AND THIRD READING, IN ABOUT 30 DAYS, I WOULD ASK THAT — THAT PEOPLE WHO SIGN SPEAK ON THE ISSUE OF THE APPEAL SO THAT — I MEAN ON THE ISSUE OF MEDIATION, SO THAT WE CAN KEEP OUR DISCUSSION ON THE POINT. THANK YOU VERY MUCH. I WILL RECOGNIZE YOU FOR THAT, BUT NOT TO REOPEN THE HEARING AND TALK ABOUT ALL OF THE THINGS THAT WE TALKED ABOUT TONIGHT. THANK YOU SO VERY MUCH. OKAY. ARE WE BACK ON TRACK THEN? ITEM NO. 45 IS TO CONDUCT A PUBLIC HEARING FOR THE FULL PURPOSE ANNEXATION OF THE FOLLOWING ANNEXATION AREAS: NALLE TRACT, APPROXIMATELY TWO ACRES LOCATED IN TRAVIS COUNTY APPROXIMATELY 1,000 FEET WEST OF CAPITAL OF TEXAS HIGHWAY — WEST OF COMPLAIN TALL OF TEXAS HIGHWAY, SOUTH OF THE R OF THE INTERSECTION OF CAPITAL OF TEXAS HIGHWAY AND PLAZA ON THE LAKE. DO YOU WANT TO — OKAY, SIR.

THIS IS —

MAYOR GARCIA: GIVE YOU YOUR NAPE AND WHAT YOU DO.

YES, SIR. MY NAME IS BEN LUKENS, I WORK FOR THE DEPARTMENT OF TRANSPORTATION PLANNING AND [INAUDIBLE]. NUMBER 45, ACTUALLY, IS FOUR — FOUR SEPARATE HEARINGS. THE FIRST OF THESE IS THE — THESE ARE ANNEXATION PUBLIC HEARINGS. IT'S THE SECOND ANNEXATION PUBLIC HEARING FOR THESE AREAS. AND ACTION WOULD BE SCHEDULED FOR MAY THE 9TH. THE FIRST OF THESE HEARINGS IS FOR THE ANNEXATION OF THE — THANK YOU, SIR. FOR THE NALLE TRACT, WHICH IS ABOUT TWO ACRES IN TRAVIS COUNTY, 1,000 FEET WEST OF CAPITAL OF TEXAS HIGHWAY. THIS AREA IS — THIS TRACT IS PART OF A PROPOSED CONDOMINIUM PROJECT, THE BALANCE OF WHICH IS ALREADY IN THE CITY. THERE'S A PENDING ZONING CASE ON THIS TRACT AND A PENDING ZONING CASE ON THE BALANCE OF IT. PROPERTY OWNER REQUESTED THE PROPOSED ANNEXATION AND, AS I SAID, IT'S BEING ADDED TO A TRACT CURRENTLY UNDERGOING ZONING REVIEW TO PROVIDE FOR FULL COMPLIANCE AND TO WORK AROUND SOME TREE. THE ANNEXATION SERVICE PLANS ARE ON THE TABLE TO MY LEFT. AND THE SERVICE PLAN WOULD BE TAKING OVER TRAVIS COUNTY PROVIDING THE SERVICES CURRENTLY PROVIDED BY TRAVIS COUNTY, PLUS NEW AND ENHANCED SERVICES NOT OTHERWISE AVAILABLE. SO THAT'S THE — THAT'S THE PRESENTATION OF THE NALLE TRACT.

MAYOR GARCIA: QUESTIONS FOR STAFF? IF NOT I WILL ENTERTAIN A MANAGES TO CLOSE THE PUBLIC HEARING, NO ACTION ON THIS ITEM TONIGHT. MOTION BY THE MAYOR PRO TEM, I WILL SECOND THAT? ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES. AVERY RANCH AREA — AREAS.

YES, SIR. AVERY RANCH AREA IS APPROXIMATELIED 302 ACRES, IT'S BEING REQUESTED — BEING ANNEXED AT THE REQUEST OF PROPERTY OWNERS. THE REGULATORY PLAN FOR THE AVERY RANCH LIMITED PURPOSE AREA ASSUMED ANNEXATION OF PLOTTED — PLATTED TRACTS AT THE END OF THE YEAR, BUT THE OWNERS ASKED THAT THE SCHEDULE BE MOVED UP. THEY ARE CURRENTLY IN THE CITY'S LIMITED PURPOSE JURISDICTION, ANNEXED IN [INAUDIBLE], THESE TRACTS NOW RECEIVED FINAL PLAT APPROVAL. THE AREA IS COMPRISED OF A GOLF COURSE AND APPROXIMATELY 176 SINGLE FAMILY RESIDENTIAL LOTS. THE SERVICE PLAN ESSENTIALLY THE CITY TAKES OVER FOR WILLIAMSON COUNTY IN THIS CASE AND PROVIDES THOSE SERVICES CURRENTLY PROVIDED BY WILLIAMSON COUNTY, PLUS NEW AND ENHANCED SERVICES NOT OTHERWISE AVAILABLE. THE SERVICE PLAN IS AVAILABLE ON THE TABLE TO MY LEFT AND I WOULD BE GLAD TO ANY QUESTIONS THAT YOU HAVE ABOUT AVERY.

MAYOR GARCIA: QUESTIONS FOR MR. LUKENS? IF NOT I WILL ENTERTAIN A POSITION TO CLOSE THE PUBLIC HEARING. NO ACTION ON THIS ITEM. MOTION BY THE MAYOR PRO TEM, IS THERE A SECOND? SECONDED BY COUNCILMEMBER ALVAREZ. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES. ON A VOTED OF 5 TO 0 TO — TO 2, WITH COUNCILMEMBER SLUSHER TEMPORARILY OFF THE DAIS, COUNCILMEMBER GRIFFITH TEMPORARILY OUT OF THE — OUT OF THE CHAMBERS. ITEM NO. — PIONEER CROSSING, 45, PIONEER CROSSING.

YES, SIR, PIONEER CROSSING IS ABOUT 140 ACRES AT GREGG LANE AND — IN NORTHEAST TRAVIS COUNTY. IT PART OF A PROPOSED P.U.D. CURRENTLY UNDER REVIEW BY NEIGHBORHOOD PLANNING AND ZONING. THE BALANCE OF THE P.U.D. IS ALREADY IN THE CITY. THIS AREA IS ADJACENT TO THE CITY'S FULL PURPOSE JURISDICTION TO THE SOUTH. THERE'S BEEN SOME DISCUSSION REGARDING DEDICATION OF GREGG LANE, HOWARD LANE THROUGH THIS TRACT. I RECEIVED AN E-MAIL THIS MORNING FOR JOSE..... — FOR GOA CHURCH OF JESUS CHRIST LATTER DAY SAINTS AT THE COUNTY — JOE.... GIESELMAN, SAYING THAT THE COUNTY IS SAYING THAT WE GET THE RIGHT-OF-WAY, FISCAL TO BE POSTED BY THE DEVELOPER FOR THIS — FOR THIS CONSTRUCTION. THAT OF COURSE IS A ZONING ISSUE. IT'S MY UNDERSTANDING THAT NPZ WILL BE REQUESTING THIS DEDICATION AND POSTING THE FISCAL AND THE DEVELOPER IS HERE AND THE ATTORNEY FOR THE DEVELOPER IS HERE AND — AND — AND HE'S IN GENERAL AGREEMENT WITH THIS — WITH THIS CONDITION, WHICH OF COURSE WOULD BE CONDITION OF ZONING AND NOT PART OF THE ANNEXATION.

MAYOR GARCIA: THANK YOU, MR. LUKENS.

OKAY THE SERVICE PLAN. THE SERVICE PLAN IS — ON THE TABLE TO MY LEFT. AGAIN WE WILL BE TAKING OVER FOR TRAVIS COUNTY FOR THE SEVENS THEY PROVIDE, PLUS PROVIDING NEW AND ENHANCED SERVICES NOT OTHERWISE AVAILABLE IN THE COUNTY. AND AGAIN THEY ARE AVAILABLE TO MY LEFT.

MAYOR GARCIA: OKAY.

MAYOR GARCIA: HENRY GILMORE, YOU DON'T — YOU INDICATE THAT YOU DON'T NEED TO SPEAK, BUT YOU ARE REPRESENTING THE APPLICANT AND YOU ARE AVAILABLE FOR QUESTIONS, CORRECT?

YES, SIR. MAYOR, CAN I JUST ADD TO BEN'S COMMENTS. I'M HENRY GILMORE REPRESENTING THE APPLICANT OR THE LANDOWNER OPINE NEAR CROSSING. WE ARE NOT OPPOSED TO HOWARD LANE, GREGG LANE IN ANY WAY. THE ONLY ISSUE THAT WE HAVE WITH SOME OF — SOME OF MR. GIESELMAN'S CONCERNS IS A MATTER OF TIMING. IT'S A MATTER OF TIMING ON FISCAL. WE THINK WE CAN WORK IT OUT WITH THEM THROUGH THE CONTEXT OF THE ZONING CASE, WE WILL HAVE SOMETHING FOR YOU WHEN WE COME BACK IN FRONT OF YOU ALL FOR ZONING.

MAYOR GARCIA: THANK YOU, MR. GILMORE. THAT'S ALL OF THE SPEAKERS THAT WE HAVE, I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.

THOMAS: SO MOVE, MAYOR.

MAYOR GARCIA: MOTION BY COUNCILMEMBER THOMAS, SECONDED BY COUNCILMEMBER ALVAREZ. ALL IN FAVOR, SIGNIFY BY SAYING AYE.?

AYE.

. AGAIN THAT'S A VOTE OF 4 TO 0 TO 3, WITH — WITH THE THREE CANDIDATES FILLING — SOME [INAUDIBLE], I THINK. BEAR LAKE P.U.D.

YES, SIR. BEAR LAKE P.U.D., 117 ACRES —

CAN YOU POINT THAT — IS THAT THE ONE ON THE LEFT? WHAT'S THAT LITTLE ONE ON THE — ON THE NORTH — ON THE SOUTHEAST SIDE, THAT LITTLE BLUE SPOT ON THE MAP?

[INAUDIBLE - NO MIC].

MAYOR GARCIA: THAT'S THE NEXT ONE. OKAY, GOT IT, GOT IT. THANK YOU VERY MUCH, SIR. YOU CAN'T LEAVE, OTHERWISE THE WHOLE THING STOPS.

THAT'S RIGHT. THE — THE BEAR LAKE P.U.D. IS ABOUT 117 ACRES IN HAYS COUNTY. EAST OF F.M. 1826. JUST SOUTH OF THE INTERSECTION OF 1826 AND SHA 45. THIS TRACT IS PART OF A PROPOSED P.U.D., BEAR LAKE P.U.D. IT HAS COME UNDER REVIEW BY NPZ AN THE BALANCE OF THAT P.U.D. IS ALREADY IN THE CITY. AGAIN, FOR THE SERVICE PLAN, WE WILL BE TAKING OVER IN THIS CASE FOR HAYS COUNTY FOR THOSE SERVICES CURRENTLY PROVIDED BY HAYS COUNTY PLUS PROVIDING ADDITIONAL AND ENHANCED SERVICES NOT OTHERWISE AVAILABLE. OF COURSE ALL OF THESE ARE AT A LEVEL COMPARABLE TO THOSE PROVIDED IN THE BALANCE OF THE CITY OF AUSTIN, THAT'S TRUE IN ALL OF THE SERVICE PLANS. SERVICE PLANS AVAILABLE AT THE TABLE TO MY LEFT. AND IF YOU HAVE ANY QUESTIONS, I WILL BE — TO ANSWER THEM.

MAYOR GARCIA: QUESTIONS FOR MR. LUKEN? IF NOT, I DON'T HAVE ANY — ANY SPEAKERS ON THIS ITEM. I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.

SO MOVE.

MAYOR GARCIA: MOTION BY COUNCILMEMBER WYNN, SECONDED BY COUNCILMEMBER ALVAREZ. ALL IN FAVOR, SIGNIFY BY SAYING AYE.?

AYE.

OPPOSED, NO. MOTION CARRIES ON A VOTE OF 4 TO 0 TO 3 WITH COUNCILMEMBER SLUSHER, MAYOR PRO TEM GOODMAN AND COUNCILMEMBER GRIFFITH TEMPORARILY OUT. THAT'S ALL OF THE ITEMS FOR NUMBER 45. LET ME ANNOUNCE THOUGH WE DON'T HAVE ANYBODY SIGNED UP TO SPEAK ON ITEM NO. 48, OR DO WE HAVE SOMEBODY? NO, WE DON'T. I'M GOING TO ANNOUNCE THAT ITEM 48 HAS BEEN POSTPONED TO — YEAH, I UNDERSTAND. YEAH. 48 IS POSTPONED TO MAY 23RD. WE WILL GO TO ITEM NO. 46. LOOK LUKEN.

YES, SIR. THIS IS A PUBLIC HEARING FOR THE FULL PURPOSE ANNEXATION OF THE COLTON BLUFF SMART HOUSING TRACT, WHICH IS 120 ACRES IN TRAVIS COUNTY AT THE INTERSECTION OF COLTON BLUFF SPRINGS ROAD AND MCKINNEY PARKWAY. THIS IS A SMART HOUSING PROJECT, PROPOSED SMART HOUSING SITE WE ARE ANNEXING IT SO THE PROPERTY WILL BE ELIGIBLE FOR SMART HOUSING INCENTIVES. JOE GIESELMAN FOR TRAVIS COUNTY AGAIN E-MAILED ME ON THIS ONE AND BROUGHT UP THE ISSUE OF McKINNEYS FALLS PARKWAY — McKINNEY PARK.

MAYOR GARCIA: OH, YEAH, I GOT IT.

THAT RUNS THROUGH THIS TRACT. AND AGAIN, WE WILL BE TAKING CARE OF RIGHT-OF-WAY THROUGH THE SMART HOUSING CONTRACT AND/OR THE — THE ZONING. AGAIN, THE — THE APPLICANT — I HAVE SPOKEN WITH THE ATTORNEY FOR THE APPLICANT HE'S IN GENERAL AGREEMENT WITH DEDICATION OF THE RIGHT-OF-WAY AND POSTING OF FISCAL. THAT ISSUE SHOULD BE RESOLVED. THE — THE SERVICE PLAN IS ON THE TABLE TO MY LEFT. AGAIN, THIS CASE WILL TAKE OVER FOR TRAVIS COUNTY, PROVIDE THE SERVICES THAT THEY CURRENTLY PROVIDE PLUS PROVIDED NEW AND ENHANCED SERVICES NOT OTHERWISE AVAILABLE IN THE COUNTY. OF COURSE THE SERVICE WE PROVIDE ARE COMPARABLE TO SERVICES IN SIMILARLY SITUATED PARTS OF THE COMMUNITY. THAT'S THAT PRESENTATION FOR THAT ANNEXATION AREA.

MAYOR GARCIA: HENRY GILMORE IS SIGNED UP NOT WISHING TO SPEAK AND IN FAVOR OF. IS THERE ANYTHING THAT YOU WANT TO SAY, MR. GILMORE.

VERY SIMILAR ISSUES. THE PIONEER CROSSING, WE LIKE McKINNEY FALL PARKWAY, WE WANT IT TO BE IN. WE JUST NEED TO WORK A LITTLE BIT ON THE TIMING ON POSTING THE FISCAL, THE RIGHT-OF-WAY AND SOME OF THE OTHER THINGS MR. GIESELMAN ASKED FOR WE HAVE NO PROBLEM.

MAYOR GARCIA: THANK YOU, SIR, I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. MOTION BY COUNCILMEMBER ALVAREZ, SECONDED BY COUNCILMEMBER WYNN. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

MOTION CARRIES ON A VOTE OF 4 TO 0 TO 3 WITH COUNCILMEMBER SLUSHER, MAYOR PRO TEM GOODMAN AND COUNCILMEMBER GRIFFITH TEMPORARILY OUT. CAN YOU TELL US THE DATES FOR ACTION ON THESE ITEMS.

YES, SIR. ACTION IS SCHEDULED FOR MAY THE 9TH ON ALL OF THESE ITEMS.

MAYOR GARCIA: OKAY. THANK YOU, SIR. I MISSPOKE A MINUTE AGO. ITEM 48 I SAID WAS POSTPONED ON MAY 23RD, IT'S POSTPONED TO NEXT WEEK, APRIL 25. ITEM 49 IS THE ONE THAT'S POSTPONED TO MAY THE 23RD. OKAY. WE ARE DOWN TO ITEM NO. 47. TOYS CONDUCT A PUBLIC HEARING ON AN ORDINANCE AMENDMENTING — AMENDING SECTION 16-5-22 AND 16-5-98 OF THE CITY CODE RELATED TO PARKING IN FRONT OR SIDE YARDS OF A RESIDENTIAL PROPERTY. AND WHO I — AH MS. THOMAS, ARE YOU GOING TO HANDLE THIS ONE?

DEBORAH THOMAS WITH THE CITY OF AUSTIN LAW DEPARTMENT. AS YOU WILL REMEMBER WE HAD A PRESENTATION BY MS. DAILY LAST WEEK AND I WENT OVER THE PROVISIONS IN THE ORDINANCE. MAYOR PRO TEM GOODMAN HAD ASKED FOR A MAP, A SMALL MAP WITH SOME OF THE STREETS ON IT. THE MAP YOU ARE RECEIVING RIGHT NOW, THERE IS A COPY OF THE GREEN, OF THE MAP HERE BEFORE YOU, WITH THE MAJOR STREETS IDENTIFIED. MAYOR, DID YOU WANT A PRESENTATION LIKE WE HAD LAST TIME OR WOULD YOU JUST WANT TO GO TO THE —

MAYOR GARCIA: I THINK THAT WE HAD THE PRESENTATION. WHAT I WILL DO IS I WILL ASK THE COUNCILMEMBERS IF THEY HAVE QUESTIONS AND —

ALVAREZ: MAYOR?

MAYOR GARCIA: AND THEN EITHER YOU OR SOMEBODY FOR YOUR STAFF CAN ANSWER THE QUESTIONS. ALSO, WE HAVE ASSISTANT POLICE CHIEF HERE TO — TO — IS HERE TO — RUDY IS HERE TO ANSWER ANY QUESTIONS ON BEHALF OF THE POLICE DEPARTMENT, IS THAT RIGHT, CHIEF? OKAY. OKAY, WE —

ALVAREZ: I DID HAVE A COUPLE OF QUESTIONS FOR STAFF.

MAYOR GARCIA: SURE, COUNCILMEMBER ALVAREZ.

ALVAREZ: YES, MS. THOMAS. JUST ON SOME OF THE LEGAL LANGUAGE, MAYBE — FOUND IT, BUT — BUT UNDER SECTION, I THINK IT'S 16-5-22-E, NUMBER 1.

YES. IS THAT — SAYS THAT RECORD OWNER OF PROPERTY IN THE NEIGHBORHOOD AREA CAN INITIATE THE PETITION. [INAUDIBLE] APPLICABILITY OF THIS SECTION TO EITHER INCLUDE OR EXCLUDE A NEIGHBORHOOD ASSOCIATION BOUNDARY AREA. WE ARE DEFINING NEIGHBORHOOD ASSOCIATION BOUNDARY AREA AS THIS? OR — I THINK IT MAYBE IMPORTANT THAT WE SPECIFY WHAT WE MEAN BY THAT.

THE NEIGHBORHOOD BOUNDARY AREAS ARE THE AREAS THAT ARE SHOWN ON THE MAP AND THEY ARE THE AREAS THAT — THAT ARE IN THE NEIGHBORHOOD ASSOCIATION REGISTRY THAT — THAT EACH NEIGHBORHOOD ASSOCIATION FILES TO BE REGISTERED WITH THE CITY AND THESE ARE THE BOUNDARIES THAT THEY HAVE GIVEN FOR THEIR AREA.

BUT IS — ARE THESE OUR NEIGHBORHOOD PLANNING AREAS?

OH, NO, SIR.

OR ARE THESE THE ONES DEFINED BY THE NEIGHBORHOOD ASSOCIATIONS THEMSELVES?

LET ME — [INAUDIBLE]. ON THIS LARGER MAP, THE — THE RED AREAS ARE THE NEIGHBORHOOD PLANNING AREAS. THE OFFICIAL NEIGHBORHOOD PLANNING AREAS THAT NEIGHBORHOOD PLANNING AND ZONING WORKS WITH. AND COUNCILMEMBER THOMAS HAD ASKED THAT — THAT JUST FOR INFORMATION PURPOSES, TO SEE IF WE CAN OVERLAY THE NEIGHBORHOOD ASSOCIATION BOUNDARIES ON TOP OF THE NEIGHBORHOOD PLANNING AREAS. SO YOU COULD GET AN IDEA OF HOW THEY SPR.... INTERACTED. BUT THE ORDINANCE APPLIES TO THE GREEN AND DASHED GREEN LINES AND THOSE TWO LINES, THOSE TWO — THE GREEN, FULL GREEN AND THE DASHED GREEN MEAN EXACTLY THE SAME THING. IT'S JUST A LITTLE VARIATION SO YOU COULD SEE WHERE ONE END AND THE OTHER BEGINS. THESE ARE JUST THE NEIGHBORHOOD ASSOCIATIONS AND THAT'S WHERE THE ORDINANCE WOULD BE APPLICABLE. NOT IN THE RED OUTLINED AREAS.

ALVAREZ: WHAT IF A NEIGHBORHOOD ASSOCIATION CHANGES ITS BOUNDARIES? JUST TRYING TO THINK OF, YOU KNOW, HOW FIXED ARE THESE LINES?

THESE AREAS, ONCE THE ORDINANCE WAS PASSED, THESE WOULD BE THE BOUNDARIES. IF A NEIGHBORHOOD ASSOCIATION CHANGED ITS BOUNDARIES, BASICALLY IT WOULD HAVE TO COME BACK THROUGH THE PROCESS TO LET US KNOW THAT THIS NOW IS THE AREA THAT THEY WANT INCLUDED IN THE APPLICABILITY OF THE ORDINANCE AND NOT THE OLD ONES. SO BASICALLY THEY HAVE TO FILE AS THOUGH THEY WERE ASKING TO COME IN ANEW.

MAYOR GARCIA: OKAY.

ALVAREZ: OKAY. WELL, THAT'S ONE OF MY QUESTIONS. THE OTHER ONE IS, I'M NOT SURE THAT THIS IS POSSIBLE, BUT I WILL ASK STAFF TO SEE IF THEY CAN FIND IT, WE KNOW IN TERMS OF OUR NEIGHBORHOOD PLANNING AREAS, ROUGHLY WHAT THE AVERAGE SIZE IS? I GUESS I'M TRYING TO — IS IT GOING TO BE POSSIBLE FOR 10 PROPERTY OWNERS TO SAY WE DON'T WANT IT FOR THIS PARTICULAR PART OF THIS STREET OR IS IT — YOU KNOW, IS THERE — IS THERE A REFRESH MY MEMORY THAT IT BE A MINIMUM AREA.

THERE ACTUALLY IS NO REQUIREMENT THAT THERE BE A MINIMUM AREA. THE ORDINANCE AS WRITTEN JUST SAYS NEIGHBORHOOD ASSOCIATION. IF THE NEIGHBORHOOD — IF A NEIGHBORHOOD ASSOCIATION REGISTERS AND FOR INSTANCE IF IT'S ONE — ONE PERSON REGISTERED AS A NEIGHBORHOOD ASSOCIATION, WE WOULD ACTUALLY HAVE TO — TO RECOGNIZE THAT TO THE EXTENT THAT WHEN IT CAME TO COUNCIL, COUNCIL WOULD HAVE TO DECIDE IF THAT WAS APPROPRIATE FOR ONE RESIDENCE TO BE IN OR NOT. THE ORDINANCE DOESN'T IN AND OF ITSELF HAVE ANY LIMITS.

WELL, I THINK THAT'S A LITTLE TOO OPEN ENDED MYSELF. I WOULD LIKE TO SEE THAT TIGHTENED UP. THE OTHER HAS TO DO WITH HOW YOU DEFINE NOTICE OWNERS? I SEE THAT IT'S DEFINED HERE AS JUST SOMEONE WHO OWNS REAL PROPERTY AS SHOWN IN THE TAX RECORDS. PATTERNS.

YES. NOTICE OWNER AND RECORD OWNER ARE THE — THESE DEFINITIONS ARE THE DEFINITIONS FOR THE LAND DEVELOPMENT CODE. THE RECORD OWNER IS THE OWNER AS SHOWN IN THE DEED RECORDS. THE NOTICE OWNER IS THE OWNER SHOWN IN THE TAX APPRAISAL RECORDS.

ALVAREZ: OKAY. SO NOW ON E-2, WE ARE SAYING THAT THE PETITION MUST BE SIGNED BY 10% OF THE NOTICE OWNERS. AS OPPOSED TO THE DEED OWNERS. SO WHAT — WHAT IS THE DIFFERENCE THERE?

THE NOTICE IS JUST THAT THE NOTICE OWNERS ARE THE PEOPLE WHO — WHO ACTUALLY OWN — THE PEOPLE WHO — WHO — AS DETERMINED BY THE TAX APPRAISAL DISTRICT OWN THE PROPERTY. WE USE RECORD OWNER IN THE OTHER PROVISION BECAUSE THE RECORD OBEYER IS ACTUALLY — OWNER IS ACTUALLY THE OWNER THE DEED RECORD. USUALLY THE DEED RECORDS WILL GET CHANGED FIRST AFTER PROPERTY IS CONVEYED. SO TO ACTUALLY BRING THE — TO ACTUALLY BRING THE — THE REQUEST FOR INCLUSION OR EXCLUSION FORWARD, WE THOUGHT IT WOULD BE BETTER TO ACTUALLY HAVE THE PERSON WHO DID— WHO IN THE — IN THE DEED RECORDS DID TRULY OWN THE PROPERTY. BUT WE ARE — THE — THE NOTICE OWNER IS A LITTLE BIT MORE RELAXED OR RE— A RELAXED REQUIREMENT.

ALVAREZ: I GUESS IF — BECAUSE YOU SAY THE DEED OWNER RECORDS WOULD BE MORE ACCURATE BECAUSE OF THE — BECAUSE IT WOULD REFLECT RECENT PURCHASES, I SUPPOSE. SO THEN THOSE — YOU KNOW, THOSE OWNERS AREN'T GETTING NOTICE IN THIS PARTICULAR SCENARIO.

THE RECORD OWNERS ARE THE OWNERS WHO ACTUALLY COULD COME AND ASK TO HAVE A CHANGE OCCUR. THE — THE RECORD OWNER — THE NOTICE OWNERS ARE THE ONES WOULD COULD ALSO JUST SIGN THE PETITION.

ALVAREZ: WELL, LET ME DIGEST THAT A LITTLE BIT. I THINK THOSE ARE THE TWO QUESTIONS THAT I — IN TERMS OF — THAT I HAD IN TERMS OF HOW TO INTERPRET THE ORDINANCE. THANK YOU.

MAYOR GARCIA: THANK YOU, COUNCILMEMBER ALVAREZ. COUNCILMEMBER THOMAS? DID YOU — YOU WERE THE LEADER OF THIS PARTICULAR ISSUE. WOULD YOU LIKE TO MAKE A FEW COMMENTS?

THOMAS: YES, SIR. I APPRECIATE STAFF AND EVERYONE ELSE THAT HAS BEEN INVOLVED. I HOPE TO ANSWER ANY QUESTIONS FOR THE COUNCILMEMBERS OR THE MAYOR SO THE NEXT TIME WE WON'T HAVE A DELAY IN TRYING TO GET AN ANSWER BEFORE WE COME BACK FOR THE — FOR THE NEXT READING.

MAYOR GARCIA: THANK YOU. MS. THOMAS, THIS IS GOING TO BE A — UP FOR ACTION WHEN?

NEXT WEEK, THE 25TH.

MAYOR GARCIA: OKAY. WE HAVE SOME SPEAKERS. CLARK HAMMOND, SOUTH RIVER CITY CITIZENS PRESIDENT, IS — REGISTERED NOT WISHING TO SPEAK, AND IN FAVOR OF. THE SOUTH RIVER CITY CITIZENS HAS VOTED TO SUPPORT THIS ORDINANCE. JOHN SCHAEFER, DOESN'T SAY WHETHER HE WANTS TO SPEAK OR NOT, HE IS REGISTERED AGAINST. IS MR. SCHAEFER HERE? JOHN S. SCHAEFER?

[INAUDIBLE - NO MIC].

MAYOR GARCIA: HE STEPPED OUT FOR JUST A MINUTE. I'M GOING TO PUT HIS CARD HERE TO ONE SIDE, THEN I WILL RECOGNIZE HIM. INEZ SHACKLEFORD, NOT WISHING TO SPEAK, AGAINST. WILLIAM D.SILMAN? [INAUDIBLE]

I WILL CHANGE YOUR CARD, COME RIGHT HERE. THAT'S — MR. SILMAN, WELCOME, SIR.

THANK YOU VERY MUCH, SIR. GOOD EVENING, THANK YOU FOR THE OPPORTUNITY TO SPEAK. I'M GOING TO HAVE TO READ THIS BECAUSE IT'S WRITTEN BY MORE THAN ONE PERSON. SO — I WASN'T THERE WHEN THE NORTH AUSTIN NEIGHBORHOOD ASSOCIATION VOTED 40 OF 70 IN FAVOR OF THIS ORDINANCE. WE CAN NEVER KNOW WHAT THE OUTCOME WOULD HAVE BEEN HAD THERE BEEN A FULL PRESENTATION ON BOTH SIDES. EVEN IF THE VOTE RESULT HAD BEEN SWITCHED TO 40 AGAINST AND ONLY 30 FOR THE ORDINANCE, THIS KIND OF VOTE CANNOT BE VALUED SO FAR AS TO REPLACE A MORE FORMAL OUTREACH NOTIFICATION ISSUE AND PROCEDURE. HISTORICALLY USED HARMLESS AND EVEN PRACTICAL USE OF ONE'S OWN PROPERTY IS EXTINCT. THERE'S NOTHING TO BE AFRAID OF BY INCLUDING THOSE WOULD WHOA WOULD BE AFFECTED BY THIS. SELF DETERMINE IS AN ABSOLUTE RIGHTEOUS GOAL CONSISTENT WITH DEMOCRATIC FREEDOMS. EVERYONE SHOULD BE NOTIFIED BY MORE THAN A MENTION IN A FUSE.....NEWSLETTER. IT'S NOT BEING READ BY EVERYONE TO BEGIN WITH. IT'S ONLY DELIVERED TO ABOUT ONE THIRD OF THE HOUSE HOLDS. I KNOW THAT I DID NOT PERSONALLY RECEIVE ONE. THERE'S NO CRIME IN NOT HAVING — EXCUSE ME. I HAVE THEM MIXED UP HERE. SORRY ABOUT THAT. THERE'S — THERE'S NO CRIME IN NOT HAVING FULL NEIGHBORHOOD DELIVERY, BUT NEWSLETTERS TO 27,450 PEOPLE JUST CAN'T BE DONE WITH 3550 FLIERS. AND TO DECIDE AN ISSUE WITHOUT NOTIFICATION OF ALL OF THESE AFFECTED AT THE MOST IS WRONG AND THE CITY COUNCIL SHOULD KNOW THAT THOUSANDS WERE EXCLUDED FOR THE PROCESS. TAKE OUR NEIGHBORHOOD OFF THE MAP. I WANT TO SAY THAT — PERSONALLY, I OWN THREE VEHICLES AND THE DRIVEWAYS ON OUR STREET ARE SO SHORT THAT YOU CAN ONLY PARK ONE, YOU HAVE GOT ONE SPACE IN FRONT OF THE HOUSE TO PARK, AND YOU HAVE GOT ONE ON YOUR DRIVEWAY. AND THE REST OF IT, YOU — IF YOU MAKE THIS ORDINANCE GO THROUGH, WILL BE MAKING ONE VEHICLE ILLEGALLY PARKED NO MATTER WHERE YOU PUT IT. SO THANK YOU VERY MUCH.

MAYOR GARCIA: I NEED TO EAT SUPPER AND COME BACK TO THIS MEETING — I'M EATING SUPPER WHILE AT THE MEETING, I CAN'T LEAVE THE DAIS BECAUSE THERE ARE ONLY FOUR COUNCILMEMBERS HERE. HAVE YOU SEEN THIS MAP?

NO, SIR.

MAYOR GARCIA: ARE YOU IN —

I LIVE ON LANSURE DRIVE.

MAYOR GARCIA: DO YOU KNOW THAT YOUR NEIGHBORHOOD HAS BEEN — VOTED TO BE INCLUDED.

MY UNDERSTANDING 40 TO 70 IN FAVOR OF THE ORDINANCE.

WHAT IS THE NAME OF YOUR ASSOCIATION?

NORTH AUSTIN NEIGHBORHOOD ASSOCIATION.

MAYOR GARCIA: NORTH AUSTIN? I'M SORRY, CIVIC ASSOCIATION.

MAYOR GARCIA: NORTH AUSTIN CIVIC ASSOCIATION. BECAUSE THIS PARTICULAR ORDINANCE HAS WHAT IS KNOWN AS AN OPT IN PROVISION. IF YOU ARE — YOU ARE NOT IN UNLESS YOUR ASSOCIATION VOTES TO GET IN. SO —

JOHN, DO YOU KNOW WHICH —

MAYOR GARCIA: BUT APPARENTLY THEY ALREADY VOTED, THEY VOTED TO BE IN. WHAT YOU ARE SAYING IS YOU WERE ON THE LOSING SIDE OF THAT VOTE?

RIGHT.

MAYOR GARCIA: YOU WANTED TO — YOU WANTED TO EXPRESS YOUR CONCERNS, OKAY, THANK YOU VERY MUCH, SIR.

THANK YOU, SIR. MARK — MARY M.TANNEHILL, FOLLOWING HER MR. JACK JENNINGS IS DONATING THE TIME TO MARY TANNEHILL. MS. TANNEHILL YOU HAVE SIX MINUTES.

I'M NOT GOING TO TAKE SIX MINUTES, THANK YOU, SIR. I AM THE IMMEDIATE PAST PRESIDENT OF THE BALCONES CIVIC ASSOCIATION IN NORTHWEST AUSTIN. ONE OF THE — ONE OF THE ONES IN NORTHWEST AUSTIN. ON BEHALF OF THE BALCONES CIVIC ASSOCIATION, I WOULD LIKE TO EXPRESS OUR SUPPORT OF THE PROPOSED BAN ON FRONT AND SIDE LAWN PARKING. WE FEEL THAT FOR THE NEIGHBORHOODS IN AUSTIN THAT HAVE ADEQUATE RESIDENTIAL PARKING AND THAT HAVE VOTED TO BE INCLUDED IN THE PROPOSED ORDINANCE, THAT THESE NEIGHBORHOODS WILL BENEFIT FOR THE PASSAGE AND ENFORCEMENT OF SUCH AN ORDINANCE. WE BELIEVE THAT THE OVERALL BEAUTY AND ATTRACTIVENESS OF THE OPT-IN NEIGHBORHOODS WILL IMPROVE. AND THAT HOME VALUES WILL GO UP, ALSO. THESE TWO ATTRIBUTES WILL BENEFIT THE HOMEOWNERS IN THE AFFECTED NEIGHBORHOODS, IE THE OPT-IN NEIGHBORHOODS, AND WILL HELP KEEP THE ENTIRE SHE MORE ATTRACTIVE. THANK YOU.

MAYOR GARCIA: THANK YOU, VERY MUCH MS. TANEHILL. CARY McHUE? SHE IS REGISTERED WISHING TO SPEAK AND IS AGAINST THE ORDINANCE. DOUG HEIGHT, DOUG HEIGHT? DOES NOT WISH TO SPEAK, BUT WANTS TO GIVE HIS TIME TO THE NEXT SPEAKER ANGELA BAKER. YOU HAVE SIX MINUTES. WHICH YOU DON'T HAVE TO USE. ACTUALLY YOU HAVE NINE MINUTES BECAUSE ROBERT GAVE YOU HIS. [ LAUGHTER ]

NO. I PROMISE I WON'T — I LIKE TO TALK ABOUT NOT THAT MUCH, I'M ANGELA BAKER FROM THE NORTH AUSTIN CIVIC ASSOCIATION AND MAYOR AND COUNCILMEN. AND I WOULD LIKE TO SPEAK BRIEFLY ABOUT THE RESEARCH THAT WE HAVE DONE ON OUR COMMITTEE. WE DID, I THINK WE MENTIONED IT BEFORE. WE HAVE RESEARCHED OVER 50 CITIES WITHIN THE UNITED STATES, CITIES WITHIN TEXAS. AFTER DOING THIS, WE FOUND OUT THAT ALTHOUGH AUSTIN IS A UNIQUE CITY, WE BELIEVE THAT, WE WANT TO MAINTAIN ITS CHARACTER, WE DO FEEL THAT WE HAVE THE SAME PROBLEMS THAT SOME OF THE OTHER CITIES, THE TOP CITIES IN THE UNITED STATES HAVE. WE HAVE RAPID GROWTH, WE HAVE POLLUTION, WE HAVE EXCESSIVE TRAFFIC, WE HAVE RESIDENTS MOVING TO SUBURBS. AND SO — SO WE LOOKED AT SOME OF THE CITIES IN TEXAS, SOME THAT WE THOUGHT WERE MORE LIKE US, WE HAD EXTENSIVE CONVERSATIONS WITH PEOPLE IN SAN ANTONIO. AND MY HUSBAND AND I DECIDED THAT WE WOULD GO AND VISIT WITH THE CODE ENFORCEMENT PEOPLE IN SAN ANTONIO. AND THEY GRACIOUSLY SPENT ABOUT THREE HOURS WITH US. I WON'T GIVE YOU EVERY DETAIL. BUT — BUT IN SAN ANTONIO, THEY FEEL THAT — THAT THIS ORDINANCE IS ONE OF JUST A TOOL TO HELP IMPROVE THE CITY. IN SAN ANTONIO, THEY — THEY TARGET CERTAIN AREAS TO BRING THE RESIDENTS OF THE AREA INTO COMPLIANCE. AND WHEN THEY DO THAT, THEY HAVE ONE CODE ENFORCEMENT OFFICER THAT ALL HE DOES IS TICKET THOSE PEOPLE WHO ARE PARKED ON LAWNS. HE ISSUES SOMETHING LIKE 350 TICKETS A MONTH. AND THAT TURNS OUT TO BE SOMETHING LIKE $130,000 A YEAR AND HE SAID, I DON'T GET THIS IN SALARY. WHAT HE'S GIVING OUT IN TICKETS MORE THAN MAKES UP FOR WHAT HIS SALARY IS. BUT THE — BUT THE — THEY SAID THE MAIN THING WAS NOT THE FINES, BUT TO BRING PEOPLE INTO COMPLIANCE AND ONE OF THE THINGS THEY WERE CONCERNED ABOUT IS THE ENVIRONMENT, CALICHE, IF YOU PARK ON IT AFTER A WHILE IT HAS ALL OF THE ATTRIBUTES OF CONCRETE. IT BECOMES VERY HARD. THEY ARE A LITTLE LATE COMING ALONG, BUT THEY ARE BECOMING MORE ENVIRONMENTALLY CONCERNED NOW. MAYBE THEY WILL CATCH UP WITH AUSTIN. THEY FEEL THAT THE RUNOFF THAT COMES FOR SOMETHING LIKE THAT IS VERY — IS VERY BAD IN THE AREA. THEY ALSO FEEL THAT WE HAVE A CLEAN ATTRACTIVE AREA, THE AREA THAT WE LOOKED AT WAS IN A — WAS IN A MODEST — MODEST HOMES, LARGE PUBLIC HOUSING PROJECTS, AND THIS WAS AN AREA THAT THEY TARGETED, IT LOOKED VERY NEAT, VERY CLEAN, THEY SAID — WHEN AN AREA LOOKS LIKE THIS, OVERALL THE AREA IS SAFER. THERE'S LESS CRIME. THERE WERE — THERE'S MORE RESPONSIVENESS FOR THE NEIGHBORS. FOR THE NEIGHBORS. I REALLY WONDERED HOW CAN YOU ASK PEOPLE IN AREAS LIKE THAT TO PUT IN DRIVEWAYS? IT WAS A BURDEN I WOULD HAVE THOUGHT. THEY SAID THEY USED A NUMBER OF PROCESSES, ONE OF THEM IS CDMA BLOC GRANTS THAT — CDBG BLOCK GRANTS THAT ARE AVAILABLE. NON-PROFIT HOUSING CORPORATIONS THAT ALSO ISSUED GRANTS TO — TO BRING YOU INTO COMPLIANCE. ONE OF THE THINGS THAT THEY FOUND AS SORT OF AN UNEXPECTED BONUS WAS THAT AFTER THEY WORKED IN AN AREA, IT WAS AS IF — AS IF EVERYONE ALL OF A YOU HAD SUDDEN TOOK MORE PRIDE IN THE AREA, THEY FOUND THAT PEOPLE WERE CALLING THE CITY LANDSCAPE ARCHITECT TO SEE HOW THEY COULD IMPROVE THEIR PROPERTY. AND AFTER LOOKING AT THIS AREA, I KEEP REMAINDERED ME OF — OF SMALL TOWN THAT I GREW UP IN. THAT — THAT MODEST HOMES, BUT VERY WELL CARED FOR. THIS IS WHAT THE AREA BEGAN TO LOOK LIKE TO ME. SO I THINK WE HAVE POSSIBILITY. WE ARE NOT ASKING EVERYONE WITHIN THE CITY TO BE A PART OF THIS ORDINANCE. BUT THE AREAS THAT WE FEEL THAT ARE DIRECTLY AFFECTED BY PARKING CARS ON THE LAWNS WOULD BE AIDED AND WE WOULD IMPROVE OUR NEIGHBORHOOD BECAUSE WE REALLY WOULD LIKE TO SEE AUSTIN AS ONE OF THE LEADING CITIES IN THE UNITED STATES. THANK YOU.

THANK YOU, MS. BAKER. LAWRENCE KING IS REGISTERED NOT WISHING TO SPEAK, BUT IN FAVOR OF. AND EARLIER ON, I ASKED IF MR. JOHN S. SCHAEFER WAS HERE. AND THEY TOLD ME THAT HE ON— THERE YOU ARE.

MAYOR GARCIA: YOU ARE GOING TO PASS, YOU ARE REGISTERED AGAINST, CORRECT? THANK YOU, SIR. CATARINA HESSDORF. FOLLOWING HER IS — LINDA MOORE, AND LINDA HAS — HAS TWO PEOPLE GIVING HER TIME. SO LINDA WILL HAVE NINE MINUTES. WELCOME.

THANK YOU. MY NAME IS CATARINA HEDDDORF, PART OF THE NORTH AUSTIN CIVIC ASSOCIATION, FOR 20 — 25 YEARS. I HAVE SEEN THE NEIGHBORHOOD, YOU KNOW, GROW, INTO, YOU KNOW, WE USED TO HAVE — COUNTRY ON THE BACK OF OUR HOUSE. AND NOW IT'S DEVELOPED. I RECALL.

............THAT WE HAVE TO BEAWARE MORE PEOPLE ARE MOVING INTO THE NEIGHBORHOODS AND EVERYTHING — BUT MY CONCERN IS THAT WE HAVE BOUGHT TWO HOUSES, BOTH HOUSES ARE, MY KIDS GREW UP IN ONE OF THEM, FINDS OF FINISHED GROWING UP IN THE SECOND ONE. MY HUSBAND AND I STILL LIVE THERE. MY CONCERN, IF — IF WE ALOWER OUR NEIGHBORHOODS TO DETERIORATE, ALLOW OUR NEIGHBORHOODS TO DETERIORATE, I FULLY BELIEVE THAT HAVING THE CAR PARKED ON THE LAWN STARTS THE NEIGHBORHOOD TO LOOKING SEEDDY. I'M SORRY TO SAY, AS YOU GET CLOSER TO RETIREMENT AGE, YOU START LOOKING AT RETIREMENT AND THE POCKETBOOK. I WOULD LIKE TO BE ABLE TO WHEN WE SELL THIS HOUSE, TO BE ABLE TO GET WHAT WE PUT INTO IT. BECAUSE, YOU KNOW, WE WOULD BE USING MONEY FOR — FOR RETIREMENT AND ALL OF THAT. AND I FEEL THAT IF WE ALLOW CARS TO PARK IN THE — IN THE NO DRIVEWAYS, — NOT IN DRIVEWAYS, NOT IN SPECIFIC AREAS, OUR PROPERTIES WILL START GOING DOWN. AND THAT'S — THAT'S ONE OF MY CONCERNS. AND AGAIN, WHAT ANGELA SAID ABOUT ONCE THE NEIGHBORHOOD STARTS GETTING TO BE SEEDY LOOKING, I THINK OUR KIDS SUFFER. OUR NEIGHBORHOODS SUFFER. THANK YOU.

MAYOR GARCIA: THANK YOU VERY MUCH. FOR FROM LINDA MOORE, YOU HAVE NINE MINUTE, YOU DON'T HAVE TO USE IT.

LINDA MOORE WITH THE NORTH AUSTIN CIVIC ASSOCIATION. I'M GOING TO READ EXCERPTS FROM A FEW LETTERS FROM DIFFERENT NEIGHBORHOODS TELLING WHY THEY THINK THIS ORDINANCE IS IMPORTANT. THE FIRST IS FROM BATTLE BEND SPRINGS HOMEOWNERS ASSOCIATION. THE GROWING TREND FOR PARKING IN THE YARD INSTEAD OF THE STREET OR DRIVEWAYS HAS A NEGATIVE IMPACT ON THE APPEARANCE OF OUR NEIGHBORHOODS HERE IN AUSTIN, NOT ONLY IS IT UNSIGHTLY DUE TO THE RANDOM ORIENTATION OF CARS THAT OCCURS, IN SUCH CASES, BUT VEHICLES TEND TO CAUSE DAMAGE TO LAWNS, WHICH REMAIN AN EYESORE EVEN WHEN THE VEHICLE IS NOT PARKED THERE. RESIDENTS WHO ENGAGE IN SUCH PRACTICE OFTEN USE IT AS A MEANS OF STORING DISABLED VEHICLES. FURTHERMORE, MEMBERS OF OUR BOARD HAVE WITNESSED BROKEN WATER AND SEWER LINES RESULTING FROM THE FACT THAT MOST YARDS ARE NOT DESIGNED TO BEAR THE WEIGHT OF VEHICLES. FROM BALCONES WOODS HOMEOWNERS ASSOCIATION, THE COVENANTS AND DEED RESTRICTIONS OF BALCONES WOODS DO NOT ADDRESS THIS SPECIFIC ISSUE, PARKING ON THE YARDS. DUE TO THE AMPLE STREET PARKING AND LARGE DRIVEWAYS. YET THERE ARE BALCONES WOODS RESIDENTS WHO PARK THEIR VEHICLES IN THEIR YARDS. THIS IS FROM NORTH AUSTIN CIVIC. IN A YEAR OF UNPRECEDENTED BUDGET SHORTFALL, THIS ORDINANCE IS ONE WAY OF ADDING TO THE CITY INCOME WITHOUT HIRING MORE POLICE OFFICERS TO ENDORSE IT. — ENFORCE IT. THE DISTRICT REPS WILL BE THE ENFORCEMENT AGENTS AND THIS ALONE SHOULD MAKE IT ATTRACTIVE TO THE COUNCIL. FROM THE NORTH UNIVERSITY NEIGHBORHOOD ASSOCIATION: WE HAVE OUR OWN PROBLEMS WITH PARKING IN YARDS. SPECIALLY AT THE BIG BOX DUPLEXES WHICH ARE BEING PUT IN OUR NEIGHBORHOOD. THE OWNERS OF THESE DUPLEXES ARE NOT REQUIRED TO PROVIDE ADEQUATE PARKING FOR THEIR RESIDENTS. THE VEHICLES END UP ALL OVER THE YARD. WE NEED HELP FROM THE CITY OF AUSTIN TO ADDRESS THIS GROWING PROBLEM. FROM THE I-35 AIRPORT BOULEVARD NEIGHBORHOOD, WE HAVE BEEN WORKING TO CLEAN UP AND PROTECT OUR NEIGHBORHOOD IN UNSIGHTLY CARS OR WHAT'S LEFT OF THEM ONLY MAKE THAT GOAL HARDER AND ULTIMATELY CONTRIBUTE TO OUR LACK OF SAFETY. I'M REFERRING TO DR. WILLIAM R. KELLY'S REPORT, BROKEN WINDOW AND BROKEN LIVES. ADDRESSING PUBLIC ORDER OFF FENDING IN — OFFENDING IN WHICH UNSIGHTLY NEIGHBORHOOD CORRELATE DIRECTLY TO INCREASES IN CRIME. FROM THE SOUTH RIVER CITY CITIZENS IN TRAVIS HEIGHTS, SRCC BELIEVES THAT LIKE THE OTHER MAJOR CITIES IN TEXAS, AUSTIN NEEDS TO CONTROL LAWN PARKING FOR AESTHETIC, ENVIRONMENTAL AND FINANCIAL REASONS. WITHOUT AN INCREASE IN ZONING OFFICERS, WE BELIEVE THIS — THIS IS THE QUICKEST WAY TO — TO STOP NEIGHBORHOOD DETERIORATION. WE ASK YOU TO — TO SUPPORT ANY PROPOSED ORDINANCE TO HALT OWNERS OR RENTERS FROM PARKING IN THEIR FRONT OR SIDE YARDS.

THE McKINLY HEIGHTS NEIGHBORHOOD ASSOCIATION SAYS WE BELIEVE SUCH PACKING PRACTICES DEGRADE THE QUALITY AND CHARACTER OF THE NEIGHBORHOOD. FROM THE LAMP LIGHT VILLAGE NEIGHBORHOOD, CONSISTING OF 1400 HOMES, THEY MENTION SEVERAL ISSUES, THAT THE PARKING ISSUE HAS BROUGHT UP. ZONING FOR RESIDENTIAL AND DUPLEX, ENVIRONMENTAL IMPACT, CONCERNING GROUND WATER QUALITY. DIRECTIONAL RUNOFF, SOIL COMPACTION AND POSSIBLE UTILITY LINE BREAKAGE, VISUAL POLLUTION, RUTS ON THE LAWN, REPETITIVE HAPHAZARD PARKING FOR UNAPPARENT REASONS, MULTIPLE CARS ON THE LOT LINE, LONG-TERM PARKING WHILE ROOM AT THE CURB TO PARK, PARKING OF DISABLED VEHICLES, DEGRADATION OF THE QUALITY AND CHARACTER OF OUR NEIGHBORHOOD, BEING A GENERAL NUISANCE AND EYESORE TO SURROUNDING NEIGHBORS FROM WHOM WE HEAR COMPLAINTS. THE ORDINANCE WILL ENABLE ENFORCEMENT. AND A NEED FOR A UNIFORM CODE OF MOTOR VEHICLE PARKING IN A RESIDENTIAL AREA. THIS ORDINANCE WOULD POSITIVELY AFFECT THESE ISSUES HERE AS WELL AS IN ALL OF AUSTIN. FROM THE MEADOW MOUNTAIN NUMBER 1 PROPERTY OWNERS ASSOCIATION, I'M WRITING TO REGISTER OUR ASSOCIATION'S STRONG SUPPORT OF THE PROPOSED ORDINANCE BANNING THE PARKING OF VEHICLES ON THE FRONT LAWNS OF PRIVATE RRNSS. THIS PRACTICE PRODUCES AN IMMEDIATE DETERIORATION OF PROPERTY VALUES. WE WILL BE WATCHING THE VOTE ON THIS MATTER VERY CAREFULLY. THAT'S MY PRESENTATION, THANK YOU. THANK YOU, NORA REESE NOT WISHING TO SPEAK, IN FAVOR OF. WILLIAM J. THOMAS.

...> MR. MAYOR, MEMBERS OF THE COUNCIL, I WILL BE FAIRLY SHORT. THAT IS SINCE THE MAP WAS ORIGINALLY PREPARED, I HAVE HAND DELIVERED A LETTER FROM THE MILLWOOD NEIGHBORHOOD ASSOCIATION REPRESENTING ABOUT 1600. I DELIVERED THE LETTER TO COMMISSIONER — COUNCILMAN THOMAS, INDICATING BY UNANIMOUS VOTE THE BOARD END COURSE DORISED THIS — ENDORSED THIS ORDINANCE AND FEELS THAT IT SHOULD GO FORWARD. MILLWOOD IS BOUNDED BY [INAUDIBLE] ON THE EAST, PARMER ON THE NORTH, [INAUDIBLE] ON THE SOUTH, RAILROAD TRACKS ON THE WEST.

MAYOR GARCIA: STAFF, IF YOU COULD FOLLOW UP TO SEE WHERE THAT LETTER IS SO WE CAN AMEND THE MAP. SCOTT BARNES DOES NOT WISH TO SPEAK, IN FAVOR OF. ASKED ME TO READ THE COMMENT: THE PARKING ORDINANCE WILL BE A VALUABLE TOOL IN HELPING PRESERVE THE QUALITY OF LIFE IN CENTRAL AUSTIN. BOBBIE RIGNY. WELCOME, SIR.

I HAVE SOMETHING TO HAND OUT.

MAYOR GARCIA: SURE. GOOD EVENING, I'M BOBBIE RIGNY, SPEAKING AS AN INDIVIDUAL TONIGHT. THANK FOR YOU THE OPPORTUNITY TO SPEAK. EVER SINCE LAST OCTOBER 24TH WHEN I FIRST GOT INVOLVED TO HELP KIND A COMPROMISE, 28 MEETINGS AGO, THE HEALTH AND SAFETY CLAIMS THIS ORDINANCE WERE SUPPOSED TO ADDRESS WERE ALL EASY TO DISPROVE. POLICE ARE NOT ASKING FOR THIS, FIREFIGHTERS ARE NOT ASKING FOR THIS, ONLY FOLKS THAT DON'T NEED TO PARK OFF THE SIDE OF THEIR DRIVEWAY DO WANT THIS. THAT IGNORES THE LEGITIMATE NEEDS THAT OTHERS HAVE. THOSE THAT NEED OFFSTREET PARKING WITHOUT HAVING ENOUGH DRIVEWAY SPACE HAVE KNOWINGLY BEEN EXCLUDED. I UNDERSTAND THEIR STRATEGY. I CAN EQUALLY, I AM EQUALLY CONFIDENT THAT THIS CITY COUNCIL WILL ENDORSE PUBLIC POLICY THAT INCLUDES EVERYONE. IT'S THE EQUITY PART OF THE 3-E'S TO BE INCLUSIVE. CRITICAL TO THAT INCLUSION IS A SOLID NOTIFICATION PROCESS. THAT WAY RESIDENTS IN AREAS OF SIMILAR CONDITIONS CAN FAIRLY DETERMINE FOR THEMSELVES IF THEY WANT TO HAVE THE ORDINANCE APPLY. IT SEEMS TO LET SUBDIVISIONS APPLY, NOT LARGER AREAS THAT CONTAIN [INAUDIBLE]. THE PLANNING COMMISSION RECOMMENDS THAT NEIGHBORHOOD PLANNING AREAS BE CARVED OUT TO NOT INCLUDE AREAS INAPPROPRIATE FOR INCLUSION. WHILE THIS IS MOVING IN THE RIGHT DIRECTION, TO EVER PROHIBIT HARMLESS PRACTICAL USE OF OTHER PEOPLE'S PROPERTY WITHOUT A SPECIFIC HEALTH OR SAFETY PURPOSELY BE — WILL BE OVERREACHING TO SAY THE LEAST. IN FACT, WITHOUT A GOOD HEALTH OR SAFETY PURPOSE, THIS ISSUE IS BEST LEFT TO THE SUBDIVISION LEVEL LIKE PRIVATE DEED RESTRICTIONS. IF EVERYONE IN A SUBDIVISION DOES WANT SOME RESTRICTION, ANY RESTRICT, THEY SHOULD HAVE THAT SELF DETERMINISM. THANK YOU.

MAYOR GARCIA: THANK YOU MR. RIGNY.

THOMAS: MAYOR, COULD I ASK A QUESTION?

MAYOR GARCIA: SURE, COUNCILMEMBER THOMAS.

THOMAS: COULD I ASK YOU A QUESTION, SIR? WHAT NEIGHBORHOOD GROUP ARE YOU IN.

I LIVE IN THE ZILKER NEIGHBORHOOD ASSOCIATION AREA. I WAS ON THE A.N.C. AD HOC COMMITTEE TO FIND A COMPROMISE.

THOMAS: ZILKER IS NOT —

THAT'S CORRECT. OUR GENERAL MEMBERSHIP VOTED TO NOT BE INCLUDED.

THOMAS: OKAY. THANK YOU.

THANK YOU. MR. DALE CLARK REGISTERED NOT WISHING TO SPEAK IN FAVOR OF — I MEAN — IN FAVOR OF. FRAN MILLIGAN VOTED — REGISTERED NOT WISHING TO SPEAK, IN FAVOR OF. TRAY HAMILTON, REGISTERED NOT WISHING TO SPEAK, AGAIN. SHERRI PILE, REGISTERED NOT WISHING TO SPEAK AND IN FAVOR OF. BRYAN R. LACOUR, FOLLOWING MIGUEL CASTRO, NOT WISHING TO SPEAK, AGAINST. MICHELLE [INAUDIBLE], NOT WISHING TO SPEAK, IN FAVOR OF. ESTELLA WOULD BE THE NEXT SPEAKER. WELCOME, SIR.

THANK YOU, MR. MAYOR. MAYOR GARCIA, CITY COUNCIL MEMBERS, MY NAME IS BRYAN LECOUR, I'M A MEMBER OF THE NORTH AUSTIN CIVIC ASSOCIATION. AND I WOULD LIKE TO PROVIDE A BIT OF BACKGROUND BEHIND THE MAP WHICH — WHICH MS. THOMAS HAD PRESENTED EARLIER. OUR GROUP HAD DECIDED TO SURVEY THE OVER 400 NEIGHBORHOOD ASSOCIATIONS LISTED IN THE AUSTIN COMMUNITY REGISTRY IN ORDER TO GET SOME IDEA OF THE LEVEL OF SUPPORT CITY-WIDE FOR THE — FOR THIS ORDINANCE. THROUGH MAILINGS AND E-MAILS WE CONTACTED THESE GROUPS PROVIDING A COPY OF THE ORDINANCE AS THEN DRAFTED AND ASKING THAT THEY DISCUSS THE ISSUE WITH THEIR NEIGHBORS. WE THEN ASKED THESE GROUPS TO CONTACT US WHEN THEY HAD MADE A DECISION. OF THOSE THAT HAD RESPONDED WE FOUND THE FOLLOWING RESULTS. TO DATE, 53 GROUPS HAVE STATED THAT THEY SUPPORT THE ORDINANCE, 7 OPPOSE IT. THE — THE NUMBER AND GEOGRAPHICAL DISTRIBUTION OF THESE NEIGHBORHOODS IS INDICATED IN THE MAP. I STRONGLY SUGGEST THAT THERE IS INDEED WIDE-SPREAD SUPPORT FOR THIS PARKING ORDINANCE. NOW, OF COURSE, THE CURRENT DRAFT OF THE ORDINANCE DOES NOT PROPOSE A CITY-WIDE ORDINANCE BUT RATHER ALLOWS INDIVIDUAL NEIGHBORHOODS TO OPT IN. THE IMPORTANCE OF THE SURVEY, THEREFORE, TAKES ON A SOMEWHAT DIFFERENT CHARACTER. TO DATE, ONLY 41 WITH MILLWOOD, NOW 42, OF THE OVER 400 NEIGHBORHOOD ASSOCIATIONS HAVE SUBMITTED TO THE CITY COUNCIL A WRITTEN REQUEST TO OPT IN. BY DEFAULT, ALL OF THE OTHERS WOULD OPT OUT. NONE OF THESE NEIGHBORHOODS WOULD HAVE BEEN AWARE OF THE NECESSITY TO OPT IN WERE IT NOT FOR OUR PRIVATE EFFORT TO CONTACT THEM. IF THE CITY DECIDES TO IMPLEMENT THE ORDINANCE ON A NEIGHBORHOOD BY NEIGHBORHOOD OPT IN BASIS, I THINK IT BEHOOVES THE COUNCIL TO PROVIDE RESOURCES TO CONTACT THESE NEIGHBORHOODS AND GIVE THEM AMPLE TIME TO OPT IN AND BE INCLUDED. THANK YOU FOR YOUR TIME.

MAYOR GARCIA: THANK YOU, MR. LE COUR. MS. ESTELLA FABIAN, FOLLOWING HER IS PABLO ORTIZ.

WELCOME.

GOOD EVENING. MY NAME IS ESTELLA FABIAN, I'M A PARISHIONER AT THE CATHOLIC CHURCH AND A CO-CHAIR OF AUSTIN INTER FAITH. I AM HERE SUPPORTING THE ORDINANCE FOR NO PARKING ON LAWNS. IN THE MONTOPOLIS NEIGHBORHOOD WE HAVE BEEN WORKING REAL HARD TO CLEAN UP THE NEIGHBORHOOD:FOR ALMOST A YEAR NOW, WE HAVE BEEN MEETING ON A MONTHLY BASIS, WE HAVE BEEN WORKING IN THE COMMUNITY TO IDENTIFY HOMES, EMPTY LOTS AND YARDS THAT NEED TO BE CLEANED UP TO MAKE OUR COMMUNITY LOOK BETTER. RECENTLY, WE RECRUITED NEARLY 100 MONTOPOLIS RESIDENT TO CLEAN UP THE SAN JOSE CEMETERY ON MONTOPOLIS DRIVE. WHY? BECAUSE WE WANT OUR COMMUNITY TO BEGIN BEING A BEAUTIFUL AND BETTER PLACE. A BETTER PLACE TO LIVE IN, WORSHIP IN, WORK IN, PLACE — TO PLAY AT. PLEASE NOTE WHAT WE ARE SAYING IT IS NOT ONLY ABOUT MAKING OUR COMMUNITY BEAUTIFUL AND CLEANER, BUT THAT WE ARE WORKING ON MAKING THIS COMMUNITY A NEIGHBORHOOD SAFE COMMUNITY. ACROSS THE STREET FROM THE ELEMENTARY THERE IS A LARGE TRACT OF LAND. FOR NEARLY TWO DECADES PEOPLE IN THE COMMUNITY COMPLAINED ABOUT THE TRASH, THE BRUSH, THE GARBAGE, UNSAFE CONDITIONS THAT FORCED PARENTS AND CHILDREN TO EXIT FROM THEIR CARS ON TO THE STREETS TO FACE THE TRAFFIC TO GET TO THE SCHOOL. WHY WAS THIS HAPPENING? BECAUSE PROPERTY OWNERS WERE NOT BEING HELD ACCOUNTABLE TO CLEAN UP THEIR PROPERTIES. THROUGH ORGANIZING PEOPLE AND WORKING TOGETHER, WE WOULD ABLE TO STRATEGIZE WHAT NEEDED TO HAPPEN TO GET THE JOB DONE. NOW TODAY OR TOMORROW, IF YOU PASS IN FRONT OF ALLISON ELEMENTARY, YOU WILL SEE THAT THE PROPERTY OWNERS ARE DOING A BETTER JOB ABOUT MAINTAINING THE — THAT TRACT OF LAND AND MORE RECENTLY A SIDEWALK HAS BEEN BUILT FOR PARENTS AND THEIR CHILDREN TO USE AND NO LONGER FACE INCOMING TRAFFIC. I HAVE ONLY NAMED A FEW OF THE SUCCESSES WE HAVE RECENTLY HAD IN THE MONTOPOLIS NEIGHBORHOOD. WE HAVE SEEN THE PRESENTATIONS, WE HAVE HEARD ALL SIDES. WE HAVE HEARD THE PROS AND CONS OF THE NO PARKING ON LAWN ORDINANCE. BUT I'M HIROSHIMA TO SAY IN MONTOPOLIS WE WANT A CLEAN, SAFE COMMUNITY. NO PARKING ON LAWNS WILL HELP THOSE OF US THAT WANT TO SEE OUR ENVIRONMENT CLEANER AND SAFER. THAT IS VERY HAVE IMPORTANT TO ALL OF OUR CHILDREN AND TO ALL OF OUR FAMILIES THAT WE ALL WORK TOGETHER TO PRESERVE THE QUALITY OF LIFE OF EVERYONE. THANK YOU.

THANK YOU.

ALVAREZ: I HAD A QUESTION.

MAYOR GARCIA: COUNCILMEMBER ALVAREZ HAS A QUICK QUESTION.

ALVAREZ: I NOTICE THAT MONTOPOLIS I GET NOT ALL OF MONTD MONT IS INCLUDED IN THIS — MONTOPOLIS IS INCLUDED IN THIS MAP. DOES THAT MEAN THAT YOU ARE INDICATING FOR THIS PARTICULAR PART OF MONTOPOLIS?

WE HAVE BEEN — WE HAVE SEEN SOME OF THE — WE HAVE SEEN PRESENTATIONS AND ONE OF THE QUESTIONS THAT I NEEDED TO ASK IS WHAT IS GOING TO BE THE PROPER PROCEDURE, DO WE NEED SIGNATURES FROM THE NEIGHBORHOOD IN SUPPORT OF IT OR WHAT? BECAUSE WE DO HAVE A NUMBER OF FOLKS IN SUPPORT.

ALVAREZ: SURE. BUT AT THIS POINT THERE'S NOT NECESSARILY A — A POSITION FROM THE PLANNING TEAM OR THE NEIGHBORHOOD ASSOCIATION?

THROUGHS AUSTIN INTERFAITH WE HAVE BEEN HAVING MONTHLY ENVIRONMENT MEETINGS AND IDENTIFYING DIFFERENT AREAS THAT WE WANT TO CLEAN UP. WHAT WE CAN DO IS ORGANIZE TO COLLECT SIGNATURES IN SUPPORT OF THE ORDINANCE.

ALVAREZ: OKAY. THANK YOU. MR. PABLO ORTIZ, FOLLOWING MR. ORTIZ IS DELWARD KUNKLE, NOT WISHING TO SPEAK, AGAINST THE ORDINANCE. DO YOU WANT TO SPEAK?

YES, SIR.

OKAY. YOU WILL BE SPEAKING AFTER MR. ORTIZ, I'M GOING TO CHANGE YOUR CARD. MR. ORTIZ, WELCOME, SIR.

I'M SUPER GLAD TO BE HERE. MAYOR. CITY COUNCIL MEMBERS. AH WHAT YOU ARE RECEIVING HERE IS NOT A TOY. YOU HAD BETTER MAKE SURE THAT YOU KEEP IT FOR NEXT WEEK AND MAYBE EVEN LONGER BECAUSE I HAVE ONE THING TO SAY ABOUT — ABOUT THIS MASK. THIS MASK WILL SAVE YOU IF YOU DO THE WRONG THING. IT'S ABOUT DOING THE RIGHT THING, NOT WHAT IS POLITICALLY CORRECT. THE ISSUE THAT WE ARE DISCUSSING IS NOT WHETHER MY CAR IS PARKED ON THE DRIVEWAY. WE ARE TALKING ABOUT MONEY, WE ARE TALKING ABOUT THE HAVES AND HAVE NOT. AND LET ME TELL YOU, WITH CLOSE TO $8 MILLION SHORTFALL AND OVER 300 CITY JOBS THAT ARE NOT BEING FILLED, BABY, THE CITY IS IN THE HAVE NOTS. AND YOU HAD BETTER MAKE SURE THAT YOU DO THE RIGHT DECISION. YOU HAD BETTER MAKE SURE THAT YOU THINK ABOUT IT MORE THAN ONCE, MORE THAN TWICE. YOU BETTER MAKE SURE THAT YOU KEEP YOUR MASKS BECAUSE ONE THING THAT I HAVE NOT NOTICED IS PEOPLE THAT HAVE — THAT HAVE CONSTANTLY TALKED ABOUT DOING RESEARCH GOING AND TALKING TO PEOPLE IN OTHER CITIZENS THAT HAVE APPROVED A NOTICE LIKE THIS. THEY HAVEN'T TOLD YOU WHAT REALLY HAPPENED. THEY TOLD YOU WHAT SOMEBODY IN SOME OFFICE WROTE DOWN AND GOT IT IN BLACK AND WHITE. I WENT TO SAN ANTONIO WHEN IT FIRST PASSED THAT ORDINANCE. I WENT UP THERE TO VOLUNTEER TO HELP BUILD DRIVEWAYS FOR PEOPLE THAT COULDN'T DO IT. AND AT NO COST. WELL, LET ME TELL YOU WHAT HAPPENED. OVERNIGHT WE HAD AN INFLUX OF THIEVES, CONS, PEOPLE OUT THERE STEALING MONEY FROM THE GOOD CITIZENS, STEALING MONEY FROM THE ELDERLIES BECAUSE THEY WERE UNDER PRESSURE TO PUT A DRIVEWAY IN THEIR PROPERTIES. THEY WERE FORCED TO PUT A DRIVEWAY THERE. I MEAN, WE ARE TALKING ABOUT THIEVES GOING OUT THERE AND TAKING ADVANTAGE OF PEOPLE, OUR SENIOR CITIZENS, THAT SOMETIMES HAVE TO ASK THEMSELVES, WELL, AM I GOING TO BUY THE PRESCRIPTION MEDICINE? AM I GOING TO BUY FOOD? NOW ALL OF A SUDDEN THEY ARE ASKING THEMSELVES AM I GOING TO BE ABLE TO PUT A DRIVEWAY SO THAT MY NIECES, NEPHEWS, GRANDSONS, DAUGHTERS, MY SONS AND DAUGHTERS COME OVER AND VISIT ME AND BE SAFE? WELL, LET ME TELL YOU WHAT, IF THIS ORDINANCE IS PASSED, YOU ARE GOING TO REALIZE THAT THIS IS NOTHING BUT A HAVE AND HAVE NOT SITUATION HERE. WE CAN'T AFFORD TO PUT SOMETHING LIKE THIS IN ACTION IN THIS CITY. WE CAN'T EVEN BUILD SIDEWALKS IN OUR INNER CITIES SO THAT OUR KIDS CAN GO TO SCHOOL SAFE. LIKE YESTERDAY, THIS PARTICULAR AREA THERE, THE BIG AREA THERE, DOWN SLAUGHTER LANE, IT'S A BIG AREA, THEY ARE IN FAVOR OF IT. I PASSED BY THERE YESTERDAY, WE HAD CITY PEOPLE, CITY PERSONNEL OUT THERE BUILDING SIDEWALKS. BIG, BIG SIDEWALKS. BIG MONSTER SIDEWALKS OUT THERE, SPENDING OUR MONEY INSTEAD OF [BUZZER SOUNDING] WELL, REMEMBER, IF YOU PASS IT, KEEP IT AROUND BECAUSE YOU DON'T WANT PEOPLE TO SEE YOU THAT YOU ARE RESPONSIBLE FOR THIS.

MAYOR GARCIA: BEFORE YOU LEAVE, MR. ORTIZ, COUNCILMEMBER ALVAREZ WANTS TO ASK YOU A QUICK QUESTION.

ALVAREZ: YOU MENTIONED SOMETHING ABOUT SAN ANTONIO THAT'S BEEN REFERENCED AS A CITY THAT'S PASSED SUCH AN ORDINANCE. YOU MENTIONED A LITTLE BIT ABOUT THE DIFFICULTIES SOME INDIVIDUALS HAD IN TERMS OF AFFORDING TO DO THEIR DRIVEWAY AND YOU MENTIONED I GUESS THAT THEY WERE PRETTY MUCH SORT OF SCAMMED UPON. AND I DON'T KNOW IF YOU CAN TALK A LITTLE MORE ABOUT THAT OR WHAT —

WELL, LET ME —

DID THEY HAVE A GRACE PERIOD, A SPECIFIC AMOUNT OF TIME TO DO THE DRIVE, HOW DID THAT WORK?

OKAY I WENT UP THERE BECAUSE THOSE PEOPLE ASKED ME PLEASE COME HELP ME, I'M PHYSICALLY FIT, YOU KNOW. A LOT OF THEM WERE RELATIVES, A LOT OF THEM WERE NOT. LET ME TELL YOU WHAT HAPPENED, IN ONE PARTICULAR CASE WE COULD NOT GET AHOLD OF A CITY INSPECTOR. WHEN HE FINALLY SHOWED UP, HE SAID I'M SORRY YOU CAN'T DO IT THIS WAY BECAUSE YOU NEED 5/8TH'S REBAR. MY GOD I'M NOT GOING TO PARK A 747, I'M JUST GOING TO PARK A VEHICLE THERE. WHAT ALSO HAPPENED FLY BY NIGHT CONSTRUCTION PEOPLE COMING OUT THERE, THEY JUST THREW IN A SLAB AND KIND OF JUST OOZED IT INTO THE CITY CAUSING PROBLEMS LATER ON TO THE CITY. THIS IS RIDICULOUS. WE CANNOT DO THIS — TO OUR CITY. WE CANNOT DO THIS TO OUR CITIZENS. ONE OF THE NEATEST THINGS THAT I SAW I SAW MY FATHER IN SAN ANTONIO GO DOWN TO THE CITY COUNCIL, TELL THEM, SAY, LOOK, I HAVE COME OUT HERE, YOU HAVE MADE ME PRODUCE A PLAN. I HAVE A PLAN. OKAY, HE WENT SAID, LOOK, I HAVE A PLAN, YOU STILL CAN'T APPROVE IT BECAUSE THERE'S NO INSPECTOR TO GO OUT THERE AND INSPECT IT. WHEN HE SHOWS UP, HE SAYS YOU CAN'T DO IT BECAUSE OVERKILL YOU NEED TO STICK IN 5/8TH'S REBAR IN IT. YOU KNOW, THAT — THAT VERY AGITATED HIM BECAUSE HE COULD NOT BELIEVE THAT WAS HAPPENING. THEN YOU HAD OTHER PEOPLE THAT WERE SMART, OTHER PEOPLE WERE REAL SMART. THEY GOT THOSE FLY BY NIGHT CONTRACTORS, WENT OUT THERE, OVERNIGHT, THEY POURED CONCRETE SLABS AND LET ME TELL YOU WHAT HAPPENED, TOO, DURING THAT PARTICULAR PROCESS, DURING THAT PARTICULAR TIME WHEN EVERYBODY WAS BUILDING DRIVEWAYS, EVEN THE PRICE OF CONCRETE WENT UP. EVERYBODY WANT TO BE IN IT. MY GOD IF WE DO THIS, I MIGHT SAVE ME A MASK SO I CAN GO UP THERE AND ROB THE PEOPLE OF AUSTIN, I MIGHT SAVE A MASK TO GO ROB THE PEOPLE. THEY WON'T KNOW ME, I WILL OVERCHARGE THEM FOR WHATEVER WORK I DO. IN ONE DRIVEWAY WE SPENT LESS THAN $300 OF MATERIAL TO DO IT. YET WE HAD A BIDDER THAT WANTED $8,000! I MEAN, THIS IS — THE EXTREME! IT IS — WE CAN'T ALLOW THIS TO HAPPEN TO THE CITIZENS OF AUSTIN, WE CAN'T ALLOW IT TO HAPPEN TO OUR ELDERLY, ALREADY NEEDY PEOPLE, WE CAN'T ALLOW THIS TO HAPPEN.

ALVAREZ: THANK.

THANK YOU. [ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS]

A CAR IS A GREAT CONVENIENCE AND ACTUALLY IS A NECESSITY. I HOPE THAT IT WILL NOT — WILL NOT BE PASSED. THAT CARS — THAT CARS BE — BE FINED FOR BEING PARKED ON THE — ON YARDS WHEN THE YARD IS YOUR YARD. AND YOUR CAR. THANK YOU VERY MUCH.

MAYOR GARCIA: THANK YOU, MS. HARRINGTON. MS. LAURIE RENTARELLA, FOLLOWING HER IS DAVID, NOT WISHING TO SPEAK.

BUT I WILL TAKE HIS TIME, MAYOR, SINCE YOU GAVE ANGELA TIME FOR A PERSON WHO WASN'T SITTING HERE.

MAYOR GARCIA: OKAY.

IS THAT OKAY?

MAYOR GARCIA: ALL RIGHT. SO LONG AS —

I WILL BE AS BRIEF AS I CAN, MR. MAYOR. SAVINO ALSO SIGNED UP TO SPEAK, NOT ISSUING TO SPEAK, BUT SAYS THIS PARKING ORDINANCE IS WRONG AND WILL HURT THE WORKING POOR. AND RECOGNIZE YOU.

THANK YOU, MAYOR.

WELCOME.

I DID WORK ON THE AD HOC COMMITTEE, I DIDN'T ATTEND 28 MEETINGS LIKE BOBBIE, BUT I DID ATTEND A NUMBER OF MEETINGS. AND, YOU KNOW, WE CAME TO THE TABLE AND JIM WALKER FROM THE A.N.C. HAD BEEN HOPEFUL THAT WE COULD REACH A COMPROMISE AND SOMEHOW INCORPORATE THE ISSUE OF YARD PARKING INTO THE NEIGHBORHOOD PLANNING. AND THE MEETINGS GOT SO CONTENTION THERE WE WERE NEVER EVEN ABLE TO GET TO A POINT WHERE WE COULD TALK ABOUT, YOU KNOW, WHERE DOES THIS FIT IN NEIGHBORHOOD PLANNING. THE PROPONENT JUST WANTED TO MOVE FORWARD BEFORE THE ELECTION OF NEW COUNCILMEMBERS. YOU KNOW TO GET THIS ORDINANCE PASSED. SO I HOPE AT SOME POINT WIN, LOSE OR DRAW, WE REALLY TAKE A LOOK AT THE MOST APPROPRIATE PLACE FOR THIS TO BE IS IN THE LAND DEVELOPMENT CODE AND IT NEEDS TO BE A TOOL IN THE NEIGHBORHOOD PLANNING TOOL BOX AND THEN THESE ISSUES OF LEGAL NOTIFICATION TO TAKE AWAY PERSONAL PROPERTY RIGHTS WILL GO AWAY BECAUSE YOU CAN INCLUDE A — A NO PARKING ON ANYTHING BUT A LEGAL DRIVEWAY AS PART OF THE LEGAL NOTIFICATION FOR THE OVERLAY FOR THE MIXED USE OR WHATEVER, YOU KNOW, THE NCCD OR WHATEVER IT IS THAT YOU DO FOR THE WHOLE NEIGHBORHOOD. SO THAT IS REALLY THE MOST APPROPRIATE PLACE IT BELONGS. WE HAD ALSO HOPED AND YOU DID RECEIVE EARLY ON, A — A LETTER FROM JIM WALKER CLAIMING THAT THE MAIN THING THAT WE ALL AGREED ON WAS THE NEED FOR MORE INSPECTORS. A LOT OF THE PROBLEMS AND A LOT OF PICTURES THEY HAVE BEEN SHOWING, IF WE HAD ENOUGH CODE ENFORCEMENT, I BELIEVE 50% OF THE PROBLEMS THEY HAVE WOULD GO AWAY. WE JUST DON'T HAVE ENOUGH INSPECTORS AND ENOUGH COPS TO GO OUT THERE AND GET JUNK CARS OUT OF YARDS. THAT BEING SAID, IF YOU ARE GOING TO MOVE FORWARD WITH THIS, I WOULD — I JUST FIND IT INCREDIBLE THAT — THAT YOU HAVE A PROCESS AND A POLICY THAT IF YOU ARE GOING TO PUT A SPEED HUMP OR A TRAFFIC CIRCLE IN THE PUBLIC RIGHT-OF-WAY, IN A NEIGHBORHOOD, EVERYBODY GETS A LEGAL NOTICE, AND AT LEAST 51% ARE THE PEOPLE ON THE STREET HAVE TO AGREE FOR THE SPEED HUMP. AND HERE YOU ARE ALLOWING A — A NEIGHBORHOOD ASSOCIATION, I'M A NEIGHBORHOOD ASSOCIATION OF ONE. YOU HAVE NO CRITERIA IN THE REGISTRY. OF — OF BY LAWS AND MEETINGS. I MEAN I'M A NEIGHBORHOOD ASSOCIATION OF ONE. SO A SINGLE INDIVIDUAL COULD INCLUDE THEIR WHOLE NEIGHBORHOOD WITHOUT ANY LEGAL NOTICE. AND I'M JUST ASKING YOU TO DO THE SAME THING THAT YOU DO WHEN YOU ARE GOING TO MAKE A MAJOR CHANGE IN THE PUBLIC RECORD, USE THE SAME PROCESS HERE. ALL THESE — YOU DON'T HAVE TO DO IT CITY-WIDE, ALL OF THESE GREEN AREAS HERE, YOU NEED TO USE THE SAME SPEED HUMP PROCESS AND SEND OUT THAT NOTICE THAT YOU ARE ABOUT TO MAKE YARD PARKING ILLEGAL. THAT'S — THAT'S FAIR. IT'S WHAT YOU DO IN THE PUBLIC RIGHT-OF-WAY. SECONDLY, I WOULD LIKE TO TALK A LITTLE BIT ABOUT THE EXPENSE. I DID CALL AND DID THE RESEARCH ABOUT — ABOUT THE — ABOUT THE LEGAL DRIVEWAY ISSUE. IN THE CODE YOU DO HAVE CODE WRITTEN RIGHT NOW FOR A GRAVEL DRIVEWAY. SO DO NOT IMPLEMENT THIS ORDINANCE UNTIL THE ENVIRONMENTALISTS GET THEIR ACT TOGETHER. I CAN'T GET S.O.S. OR SAVE BARTON CREEK HERE. I TOLD THEM THE WHOLE INNER CITY IS GOING TO GET PAVED OVER. THEY ARE TOO BUSY, I DON'T KNOW WITH WHAT. OUR YARDS ARE BIG ENOUGH, IT'S AN ISSUE OF AFFORDABILITY. WE COULD PUT 45% OF THE YARD CAN BE PAVED OVER. SO IT'S NOT AN ISSUE OF IMPERVIOUS COVER. WE — IT'S AN ISSUE OF COST. AND TO — TO EVEN THINK ABOUT USING SCARCE AFFORDABLE HOUSING DOLLARS AND HOUSING THE HOMELESS ON HAVING TO PUT DRIVEWAYS IN FOR POOR OLD IS RIDICULOUS. SO — SO YOU DON'T HAVE A CODE. A PERSON COULD NOT GO WHEN YOU PASS THE ORDINANCE AND GET A PERMIT TO PUT IN A GRADED GRAVEL DRIVEWAY BECAUSE IT'S NOT LEGAL IN THE CODE. AND THEN TO PULL A PERMIT, IF YOUR PROPERTY TOUCHES A CITY SIDEWALK OR A CITY CURB, YOU HAVE TO HAVE AN ENGINEER OR A BONDED LICENSED CONTRACTOR DO THE WORK. AND THE CHEAPEST BID I COULD FIND, I CALLED FIVE CONTRACTORS AND THE CHEAPEST DRIVEWAY THAT I COULD FIND WAS $2,000 FOR A ONE-CAR DRIVEWAY. SO — SO WE CAN'T AFFORD THAT. AND — AND I KNOW THAT YOU HAVE EXEMPTED MY NEIGHBORHOOD. BUT THE NEXT COUNCIL ELECTION OR SINGLE-MEMBER, WHATEVER WE DO, A FUTURE CITY COUNCIL WITH FOUR VOTES COULD THROW THIS MAP OUT THE WINDOW AND JUST MAKE IT CITY-WIDE. SO WE HAVE NO PROTECTIONS IN YOUR MECHANISM TO PROTECT US IF YOU ARE GOING TO PASS IT, THEN PUT IN — MAKE IT WHATEVER IT TAKES SO THAT IT TAKES A SUPER MAJORITY TO CHANGE THESE BOUNDARIES. OKAY? BECAUSE WE DON'T KNOW WHO WILL BE SITTING HERE NEXT TIME. IT MIGHT BE A BUNCH OF PEOPLE WHO WANT TO MOVE ALL THE POOR PEOPLE TO ELGIN. OKAY? AND THE WAY TO DO THAT WOULD BE TO START TICKETING OUR CAR. FINALLY, I WILL SAY, YOU REALIZE THAT — THAT A LANDLORD WHO WANTS TO GET RID OF THEIR TENANTS AND CAN'T DO IT LEGALLY COULD CALL THE COPS AND CALL EVERY DAY, EVERY DAY, EVERY DAY, AND FORCE THEIR TENANTS OUT OF THE RENT HOUSE BY HAVING THEIR CARS TICKETED. AND THERE'S NO PROVISION THAT THE LANDLORD IS REQUIRED TO PUT IN THE DRIVEWAY. THE TICKETINGS TO THE VEHICLE OWNER. THE TICKET GOES TO THE VEHICLE OWNER, NOT THE [BUZZER SOUNDING] — NOT THE OWNER, THIS IS A WAY FOR LANDLORDS TO MESS WITH TENANTS, THANK YOU. [ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS]

MAYOR GARCIA: YOU HAVE SIX MINUTES.

THANK YOU. I WANT TO THANK THE MAYOR, THANK YOU FOR YOUR TIME AND ALSO FOR THE REST OF THE COUNCILMEMBERS HERE. LET ME JUST MAKE A REALLY QUICK REFERENCE ON THIS ORDINANCE THAT WAS MENTIONED THAT IT GOT A LITTLE WATERED DOWN JUST NOW BY MS. THOMAS THAT SHE SAID THAT IT TAKES LESS THAN 10% FOR THE APPLICATION. IT SAYS HERE IN THE ORDINANCE ITSELF THAT ON LETTER E ON NUMBER 2 AN APPLICATION TO AMEND THE APPLICABILITY OF THIS SECTION MUST ALLOW A PETITION REQUESTING THE AMENDMENT THAT IS SIGNED BY AT LEAST 10% OF THE NOTICED OWNERS OF REAL PROPERTY WITHIN A NEIGHBORHOOD ASSOCIATION BOUNDARY. SO IT IS BOTH — IT IS ALSO REQUIRED TO GET A 10% OF SIGNATURES FROM HOMEOWNERS TO GET — TO GET OUT OF ANY AREA IN THE FUTURE INCLUDED. SO I DO WANT TO MAKE A NOTE OF THAT BEFORE I REALLY BEGIN MY LITTLE SPEECH HERE. SO IN LISTENING TO ALL OF THIS I DO AGREE IN A LOT OF THINGS THAT THE PEOPLE WHO ARE FOR THIS ORDINANCE, THEY HAVE GOOD GROUNDS. BUT I SPOKE FOR THOSE WHO ARE NOT ABLE TO COME HERE. I ALSO SPEAK FOR THOSE WHO CANNOT SPEAK ENGLISH AND ARE TOO TIMID TO COME TO THE MICROPHONE OR EVEN TO THIS LARGE AREA THAT SEEMS VERY INTIMIDATING FOR THOSE WHO DON'T COME HERE. I DO WANT TO ALSO SAY THAT OUR ORDINANCE, THIS ORDINANCE SUPPOSEDLY HAS THE EXTENSIONS OF — ABSTENTIONS OF HOLIDAYS. I ASK YOU MAYOR AND COUNCILMEMBERS, WHAT ABOUT MY BARBECUES AND WHAT ABOUT MY VISITORS THAT ARE GOING TO BE COMING FROM OUT OF STATE AND OUT OF TOWN? WHAT ABOUT MY SOCIALS, BECAUSE I PLAN TO MAKE A LOT OF SOCIALS THIS SUMMER. ALSO, MAYOR GAR SEE I CAN'T, — GARCIA, IN RECOGNITION OF THE FAMOUS QUINCERILLO, WHEN ALL OUR RELATIVES COME AND BACK COOK AND BAKE AND GET THE DRESSES READY? ALSO, WHAT ABOUT THE FUNERALS? MY BIRTHDAY. MY CIVIC MEETINGS. WE COULD GO ON AND ON, COULDN'T WE? WILL THERE BE EXCEPTIONS TO THIS PARKING BECAUSE MY NEIGHBORS WILL NOT KNOW WHEN THESE ARE GOING TO TAKE PLACE AND WHY? THERE'S ALSO AN ORDINANCE THAT TOWS CARS AND VEHICLES THAT ARE UNUSED OR TRASHED IN YARDS. THERE IS ALSO AN ORDINANCE THAT ALLOWS UP TO FOUR VEHICLES THAT ARE SUPPOSED TO BE PARKED ON DRIVEWAYS. SO WHY MAKE AN EXTRA ORDINANCE? ISN'T THIS LIKE MONEY BEING THROWN AWAY AGAIN? WHY DON'T WE CHECK UP ON OUR ORDINANCES AND PRACTICE THEM INSTEAD OF MAKING ONE ON TOP OF THE OTHER? I FEEL LIKE WE'RE GOING PIGGYBACK ON ORDINANCE AFTER ORDINANCE ON TOP OF ORDINANCE. I ALSO — WELL, WE'LL MOVE ON TO THIS. A CAR PARKED ON THE STREET ALSO IS VERY UNSAFE. I HAVE SEEN CHILDREN DART OUT IN FRONT OF PARKED AREAS, ALMOST GETTING RUNED OVER, AND IT DOES INVITE ROBBERIES AND SEX IN PARKED CARS. I THINK THE CONCERN HERE SHOULD BE ON THE TRASH AND GARBAGE AND FURNITURE THAT IS THROWN ON THE FRONT YARD. YES, I DO AGREE IN CLEAN YARDS, BUT LET'S FOCUS ON THE GARBAGE THAT IS BEING PARKED THERE IN FRONT OF THESE YARDS. THESE PEOPLE CANNOT AFFORD — AGAIN, GOING BACK TO THE PEOPLE OF AUSTIN. MANY PEOPLE CANNOT EVEN AFFORD THE DRIVEWAYS. AND SO WHERE ARE WE GOING TO GET THIS GRAVEL, OR IS IT GOING TO BE CEMENT? AND AGAIN, I ASK YOU, WHO — WHO'S PROPOSING THIS ORDINANCE? AND IT IS LIKE MR. RC SAID, IT IS THE HAVE'S AND HAVE NOT'S I KNOW MANY, MANY, MANY FAMILIES WHO ARE FATHERLESS. AND THESE ARE MOTHERS WHO ARE TRYING TO OWN THEIR OWN LITTLE BITTY HOME. AND THEY CAN'T AFFORD ANY DRIVEWAYS. AND HERE THEY'RE TRYING TO MAKE A LIVING HAVING THEIR SON OR DAUGHTERS GOING TO COLLEGE AND HAVING AT LEAST THIS LITTLE BROKEN DOWN VEHICLE THAT THEY MANAGE TO GET AT LEAST TO PARK ON THEIR DRIVEWAYS, AND NOW YOU'RE DEMANDING THESE THINGS UPON THEM? YES, IT IS A HAVE AND HAVE NOT ORDINANCE. AND I SAY SHAME ON THOSE WHO HAVE NOT GOTTEN IN TOUCH WITH THE PEOPLE OF AUSTIN. THOSE PEOPLE WHO LIVE IN THESE LITTLE HOMES WITHOUT THE DRIVEWAYS THAT ARE GOING TO BE I AM POSED WITH THOUSAND DOLLAR — IMPOSED WITH THOUSAND-DOLLAR DRIVEWAYS. SHAME ON THEM! THERE IS A LOT THAT I WANT TO SAY, BUT I'M GOING TO CLOSE WITH THIS. I AGREE THAT IF YOU'RE OPTED OUT, THEN YOU SHOULD NOT BE — YOU SHOULD NOT HAVE THE PARKING IMPOSED UPON YOUR NEIGHBORHOOD. BUT FOR THOSE WHO CANNOT AFFORD IT — I HAVE SIX MINUTES, DON'T I?

MAYOR GARCIA: YOU USED THEM UP.

OKAY. I THEN PROPOSE AN ORDINANCE AGAINST THE WEEDS GROWING IN FRONT YARDS CALLED TEXAS NATIVE PLANTS AND AN ORDINANCE TO TAKE FLAMINGOS OUT OF THE FRONT YARD. THIS IS HOW RIDICULOUS THE ORDINANCE FOR PARKING IN THE YARDS SEEMS TO ME. THANK YOU FOR YOUR TIME.

MAYOR GARCIA: LET ME ASK YOU ONE QUICK QUESTION.

YES, SIR.

MAYOR GARCIA: THE PROVISION THAT WE HAVE IN THE PROPOSED ORDINANCE IS THAT TO BE INCLUDED IN THE ORDINANCE YOU HAVE TO ATTEND. IF YOU DON'T VOTE TO GET IN IT AS A NEIGHBORHOOD, YOU'RE NOT IN THE ORDINANCE. YOU'RE NOT —

DO YOU KNOW WHAT HAS HAPPENED, MAYOR? I HAVE FOUND —

MAYOR GARCIA: LET ME ASK THE QUESTION. WE HAVE IN IT A PROVISION THAT SAYS 10%, IF 10% OF PEOPLE IN THE NEIGHBORHOOD SIGN AND THEY'RE IN. IS THAT A NUMBER THAT'S TOO LOW?

I FIND THAT VERY INACCURATE. I HAVE FOUND THAT A LOT OF CIVIC ASSOCIATIONS HAVE NOT, HAVE NOT CALLED ON THEIR MEMBERS OF THE NEIGHBORHOODS OR CIVIC ASSOCIATIONS, AND THEY'RE USING NUMBERS AND THEY ARE USING INACCURACIES TO PUT IN THIS VOTE.

MAYOR GARCIA: OKAY.

THANK YOU, MAYOR.

MAYOR GARCIA: THE OTHER PROVISION THAT I WANTED TO MENTION TO YOU IS THOSE PETITIONS ARE SENT IN AND THEN THE COUNCIL HAS TO ACT ON THEM.

WELL, I THINK WE NEED TO SEE MORE ABOUT THE PETITIONS. I HAVE — AND I CAN SPEAK THEM NEXT WEEK. I HAVE PETITIONS AND I DID NOT BRING THEM WITH AND I ASK YOUR PARDON FOR THIS. I HAVE PETITIONS OF PEOPLE WHO DO NOT KNOW ABOUT THIS ORDINANCE AND WHO ARE AGAINST THIS ORDINANCE. AND THESE ARE BOTH THE PEOPLE THAT I REPRESENT, WHICH ARE THE HISPANIC PEOPLE THAT ARE NOT ABLE TO COME HERE BECAUSE OF THE REASONS THAT I MENTIONED, AND ALSO OF WORKING PEOPLE. AND I FORGOT TO MENTION THAT. THERE ARE PEOPLE RIGHT NOW WHO ARE WORKING, 10 TO 14 HOURS A DAY WHO CANNOT MAKE THESE MEETINGS AND HAVE ASKED ME. AND I WILL BRING THE PETITIONS NEXT WEEK IF YOU'D LIKE.

MAYOR GARCIA: THANK YOU VERY MUCH.

THANK YOU, MAYOR.

MAYOR GARCIA: COUNCILMEMBER ALVAREZ?

ALVAREZ: IS THAT A — WHAT PARTICULAR NEIGHBORHOOD DO YOU LIVE IN?

I LIVE IN THE GLIN DOUGH AREA WHICH — GALINDO AREA WHICH I BELIEVE HAS ON OPTED OUT. BUT LIKE I SAY, I'M SPEAKING FOR THOSE WHO I HAVE JUST MENTIONED.

ALVAREZ: I WAS JUST WONDERING IF YOU WERE IN ONE OF THE STATED AREAS.

WHILE WE'RE AT IT, YOU KNOW, MAY I MENTION — DO YOU MIND?

ALVAREZ: WELL, IS IT RELATED TO THIS PARTICULAR QUESTION?

YES, IT IS. WELL, BEING I LIVE IN THE OLTORF STREET, DO YOU KNOW THAT THERE'S NO PARKING SIGNS ON MY STREET AND ALL THE WAY DOWN TO NORTH LAMAR ALLOWS PARKING? SO IF YOU WERE TO PASS THIS ORDINANCE, I WOULD BE PARKING MY CAR AFTER 6:00 O'CLOCK ON OLTORF STREET. OKAY. THIS IS HOW RIDICULOUS THE ORDINANCE IS TO ME. THANK YOU FOR YOUR TIME.

MAYOR GARCIA: THANK YOU.

THOMAS: MAYOR?

MAYOR GARCIA: NOW I DON'T SEE HIM IN THE AUDIENCE. IS HE OUT THERE SOMEWHERE? HELLO? THE LAST PERSON SIGNED UP TO SPEAK IS MR. RICK S. HALL. AND HE'S REGISTERED NOT WISHING TO SPEAK AND AGAINST THE ORDINANCE. AND HE ASKED ME TO READ INTO THE RECORD WHAT HE WROTE ON A CARD. I AM DISABLED, MY DRIVEWAY IS TOO STEEP AND I PARK ON THE YARD WHERE IT IS FLAT LAND, FLAT AND NOT SO STEEP. THAT'S ALL HE SAID. WHEN MR. RENTERIA COMES BACK INTO THE CHAMBERS, COUNCIL, THAT'S ALL THE SPEAKERS WE HAVE TONIGHT. AND I'LL ENTERTAIN A MOTION —

THOMAS: IF WE CAN, MAYOR...

MAYOR GARCIA: CAN YOU FIND OUT IF MR. RENTERIA IS OUT THERE?

THOMAS: BEFORE MAYOR, BEFORE YOU MAKE A MOTION?

MAYOR GARCIA: THERE YOU ARE.

I'M SORRY. I WAS OUT THERE MAKING SIGNS FOR DARYL SLUSHER AND I WAS TRYING TO MAKE OUR QUOTA. WE DID ABOUT 200 SIGNS FOR HIM TONIGHT. MY NAME IS DARRYL RENTERIA. I LIVE ON CESAR CHAVEZ. 95% OF MY NEIGHBORHOOD BETWEEN SAN SABA AND ANOTHER STREET DO NOT HAVE DRIVEWAYS. THEY'RE ALL GRAVEL, YOU KNOW, DRIVEWAYS AND EVERYTHING. AND I AM AGAINST IT BECAUSE WHY DO WE NEED TO PUT CONCRETE IN OUR YARD AND EVERYTHING BECAUSE IN MY DRIVEWAY I PUT TREES AND FLOWERS AND EVERYTHING. AND SOME OF THE NEIGHBORS CAN'T AFFORD IT. AND I KNOW MY OTHER NEIGHBOR BOUGHT A HOUSE AND EVERYTHING AND THEY FIXED IT UP, AND EVERYTHING AND THEY CAN'T AFFORD TO PUT DRIVEWAYS, INSTEAD THEY PARK IN THE FRONT YARD. THEY TOLD ME IF I DON'T MIND. I SAY NO. I'M JUST SAYING THAT I REALLY AM AGAINST IT AND EVERYTHING ELSE ABOUT IT. AND THAT'S ALL I'VE GOT TO SAY.

MAYOR GARCIA: THANK YOU.

AND THE OTHER THING IS THAT I'M — I'M REALLY KIND OF UPSET THAT WHY IS ANOTHER NEIGHBORHOOD TELLING ME WHAT TO DO? BECAUSE THAT'S WHY WE GOT SMART GROWTH BECAUSE I'M PART OF THE EAST CESAR CHAVEZ BECAUSE OF BUSINESS AND I'M LIVING IN THE HOLLY NEIGHBORHOOD. AND EACH NEIGHBORHOOD SHOULD DECIDE WHAT TO DO, NOT FROM ANOTHER NEIGHBORHOOD TELLING ME WHAT TO DO. IF THEY WANT THE DRIVEWAYS, YOU KNOW, NO PARKING AND EVERYTHING ELSE GOING ON OVER THERE, THEY SHOULD DECIDE WHAT — HEY, THEY WANT TO DO WHAT THEY WANT TO DO AND WE DO WHAT THEYANT TO DO.

MAYOR GARCIA: BUT THAT'S THE WAY THE ORDINANCE IS WRITTEN, MR. RENTER REI CAN'T. YOU DON'T HAVE TO GET INTO THIS NEIGHBORHOOD. YOUR NEIGHBORHOOD CAN — IF THEY DON'T OPT IN, THEY'RE NOT IN IT.

I'M JUST GOING TO SPEAK OUT ABOUT THAT.

MAYOR GARCIA: APPRECIATE IT. COUNCILMEMBER THOMAS, WE CAN CLOSE THE PUBLIC HEARING AND THEN WE CAN HAVE A DISCUSSION.

THOMAS: LET'S CLOSE IT. YOU CAN GO AHEAD.

MAYOR GARCIA: IS THERE A MOTION TO CLOSE THE PUBLIC HEARING?

THOMAS: SO MOVE, MAYOR.

MAYOR GARCIA: SECONDED BY COUNCILMEMBER WYNN. THOSE IN FAVOR OF CLOSING THE PUBLIC HEARING, PLEASE INDICATE BY SAYING AYE.

AYE.

MAYOR GARCIA: OPPOSED NO. MOTION CARRIES ON A VOTE OF FIVE TO ZERO TO TWO WITH COUNCILMEMBER GOODMAN AND COUNCILMEMBER GRIFFITH OFF THE DIAS.

THOMAS: IF I COULD GET MS. THOMAS DO ONE THING, TO CLARIFY THE DRIVEWAYS, BECAUSE I THINK EVERYBODY IS NOT UNDERSTANDING THE DEFINITION OF A DRIVEWAY. AND ALSO I NEED TO ASK STAFF IF THEY HAVE A COPY OF THE MAPS THEY PUT ON THE WEBSITE?

NO, THEY HAVE NOT.

THOMAS: IF WE COULD DO THAT. THANK YOU. IF YOU COULD DRIEN DWOOEUN THE DRIVEWAYS AND I'LL LET YOU ALONE. — DEFINE THE DRIVEWAYS.

AS DEFINED IN THE ORDINANCE, THE DRIVEWAY IS A PERMANENT HARD SURFACE OR GRADED GRAVEL AREA PROVIDING ACCESS BETWEEN THE STREET AND OFF STREET PARKING AREA. IT ALSO INCLUDES A CIRCULAR DRIVEWAY AND A PERMANENT HARD SURFACE OR GRADED GRAVEL AREA OR AN AREA THAT IS ADJACENT TO THE CURB CUT.

THOMAS: THANK YOU.

ALVAREZ: MAYOR?

MAYOR GARCIA: COUNCILMEMBER ALVAREZ.

ALVAREZ: AN ISSUE THAT WAS RAISED ABOUT THE GRAVEL DRIVEWAY I THINK AT ONE POINT IT WAS EXPLAINED TO ME THAT FOLKS DIDN'T HAVE TO GO IN AND POWER CEMENT AND BUILD A DRIVEWAY TO CODE, THAT THEY COULD JUST BUILD A GRAVEL DRIVEWAY. AND I WAS WONDERING IS THAT DEFINITION PERMIT ISAT OR IS THERE A NEED TO GO IN AND DEFINE IN THE CODE — LOOK AT THE DEFINITION OF DRIVEWAY IN THE CODE AND MAKE CHANGES IN IT.

UNDER THIS ORDINANCE A GRADED GRAVEL DRIVEWAY WOULD BE PERMITTED.

ALVAREZ: I SEE. SO GRADED GRAVEL. OKAY.

THAT WOULD BE — LET ME — THAT WOULD BE PERMITTED UNDER THIS ORDINANCE. OF COURSE, YOU HAVE TO COMPLY WITH ALL CITY ORDINANCES, SO IF ANOTHER CITY REGULATION REQUIRES SOMETHING ELSE, YOU WOULD STILL HAVE TO COMPLY WITH THAT. BUT THIS DOESN'T TRUMP —

ALVAREZ: LIKE WATER QUALITY.

OR THERE'S A REQUIREMENT I BELIEVE THAT MR. RENTERIA WAS REFERRING TO, IF THERE'S A REQUIREMENT IN THE TRANSPORTATION AND CRITERIA MANUAL FOR A CERTAIN TYPE OF DRIVEWAY, THAT TYPE OF DRIVEWAY HAS TO BE THERE, BUT FOR THIS ORDINANCE YOU WOULD NOT BE TICKETED IF YOU HAD A GRADED GRAVEL. AND THAT'S IT.

ALVAREZ: ANOTHER —

MAYOR GARCIA: [ INAUDIBLE ]

DEBRA, WILL YOU COMMENT ON THE AREA ADJACENT TO THE CURB CUT, LEASE?

THE AREA ADJACENT TO THE CURB CUT DOESN'T — THE PERMIT HARD SURFACE AND GRADED GRAVEL AREA DOESN'T APPLY TO THE AREA ADJACENT TO THE CURB CUT. THAT AREA IS — THERE'S NO REQUIREMENT FOR THAT TO BE EITHER PERMANENT HARD SURFACE OR GRADED GRAVEL.

SO BASICALLY IS IT ADJACENT TO THE CURB CUT IT DOESN'T HAVE TO HAVE A SURFACE, CORRECT?

IT DOESN'T HAVE TO HAVE A PERMANENT HARD SURFACE OR A GRADED GRAVEL SURFACE.

MAYOR GARCIA: COUNCILMEMBER ALVAREZ?

ALVAREZ: OKAY. NOW, IN TERMS OF I GUESS OTHER WAYS, IT SEEMS LIKE THE CONCERN PEOPLE HAVE IS THERE'S A WHOLE BUNCH OF RESIDENCES WHERE THEY HAVE A LOT OF CARS PARKING ON THE FRONT YARD OR SIDE YARD AND NOT ON A DRIVEWAY. AND SO I THINK — SOMEONE REFERENCED AN ORDINANCE THAT SAYS THAT A CERTAIN NUMBER OF CARS YOU CAN HAVE IN OUR RESIDENCE. IS THAT TRUE?

AS AN ACCESSORY USE YOU CAN HAVE FOUR — AS AN ACCESSORY USE TO A RESIDENTIAL USE, YOU CAN HAVE FOUR CARS PLUS ONE CAR FOR EACH DRIVER IN THE RESIDENCE. I BELIEVE THAT'S CORRECT.

ALVAREZ: ONE CAR —

YOU HAVE FOUR CARS, PLUS ONE FOR EACH PERSON IN THE RESIDENCE.

ALVAREZ: SO THIS WOULDN'T QUICK IN IN AN EXAMPLE WHERE THERE'S MORE THAN FOUR. IT WOULD ALWAYS BE —

YOU COULD HAVE FOUR PLUS — YOU ALWAYS START WITH FOUR PLUS ONE FOR EACH DRIVER.

ALVAREZ: IN TERMS OF THIS PARKING IN THE DRIVEWAY OR RESIDENTIAL PROPERTIES, THERE ISN'T A THRESHOLD OF X NUMBER OF CARS IN ORDER TO MAKE IT CONSISTENT WITH —

NO, THERE'S NOT.

ALVAREZ: AND THEN TALK ABOUT THE JUNK CARS ISSUE. IS THERE A PROVISION IN THE CODE ABOUT JUNKED CARS ON PEOPLE'S PROPERTY?

YES. AL AND THAT'S A —

ALVAREZ: AND THAT'S A HEALTH AND SAFETY STANDARD.

THAT'S PART OF THE TRAFFIC REGULATIONS.

ALVAREZ: AND FINALLY — WELL, NOT FINALLY, BUT I HAVE A QUESTION FOR MR. MANDER O AND THEN A QUESTION FOR NEIGHBORHOOD PLANNING. SO THE FIRST — WHAIFS WONDERING IS I GUESS — WHAT I WAS WONDERING IS IT'S BEEN EXPLAINED THAT THE DISTRICT REPS WILL BE ENFORCING THIS PARTICULAR ORDINANCE?

YES, SIR.

ALVAREZ: SO — I GUESS I'M TRYING TO GET A SENSE OF I GUESS THE — THE HIERARCHY OF AREAS. SO YOU WOULD HAVE A SECTOR AND THEN A SECTOR IS BROKEN UP INTO DISTRICTS, IS THAT CORRECT?

YES, SIR.

ALVAREZ: AND SO THE DISTRICT REPS WOULD BE SUPERVISOR, I WOULD THINK, OF ALL THE DIFFERENT OFFICERS IN THAT PARTICULAR —

NO, A DISTRICT REP IS NOT A SUPERVISOR. BASICALLY A DISTRICT REP IS ASSIGNED ONE OR TWO DISTRICTS IN A SECTOR. AND THEIR PRIMARY RESPONSIBILITY IS TO ADDRESS PREDOMINANTLY ISSUES OF QUALITY OF LIFE AND THE YARDS AND THE GRASS AND CRACK HOUSES, THINGS OF THAT NATURE. SO BASICALLY WHAT WE INTEND — JUST A DRAFT PROPOSAL HOW WE INTEND TO ENFORCE THIS, A DISTRICT REPRESENTATIVE WILL ISSUE — ONCE AGAIN SHS THISPROCESS IS GOING TO BE COMPLAINT DRIVEN. ONCE A DISTRICT REPRESENTATIVE RECEIVES A COMPLAINT, THE DISTRICT REPRESENTATIVE WILL ISSUE AN ORAL WARNING TO AN ADULT WHO RESIDES AT THE LOCATION AND WILL DOCUMENT THE VIOLATION AND WARNING IN AN INCIDENT REPORT. IT'S REAL IMPORTANT TO UNDERSTAND THAT WE AS THE AUSTIN POLICE DEPARTMENT INTEND TO GIVE AN INDIVIDUAL EVERY OPPORTUNITY TO VOLUNTARILY COMPLY WITH THIS ORDINANCE. NOW, AFTER A DISTRICT REPRESENTATIVE GIVES THE FIRST WARNING, THE FOLLOWING INFORMATION WILL BE DOCUMENTED IN THE REPORT, THE DATE AND TIME OF THE OCCURRENCE, DESCRIPTION OF THE VEHICLE, LOCATION OF THE VEHICLE IN THE FRONT YARD, APPROXIMATE DISTANCE FROM THE STREET AND THE DRIVEWAY. THEN THE NEXT THING WE WILL DO IS THE INCIDENT REPORT WILL BE KEPT AND FILED BY THE DISTRICT REPRESENTATIVE. THE DISTRICT REPRESENTATIVE WILL ESTABLISH A FILE ON EACH OF THE RESIDENTS — RESIDENTIAL ADDRESS. THEN AFTER TWO WARNINGS HAVE BEEN ISSUED AT ONE ADDRESS, THE DISTRICT REPRESENTATIVE WILL GO BACK AND INVESTIGATE. IF THE VEHICLE IS STILL IN VIOLATION OF THE ORDINANCE, A CITATION WILL BE ISSUED. NOW, IT'S IMPORTANT TO UNDERSTAND THAT THE VIOLATION IS NOT — ONCE AGAIN SHS IT IS NOT A CRIMINAL ACT. THE VIOLATION SPECIFICALLY IS A CIVIL VIOLATION AND THE FINES ASSESSED ARE CIVIL IN NATURE. AND $40, AND IF THEY PAY EARLY IT'S 20 DOLLARS.

ALVAREZ: OKAY. IN TERMS OF THE WORK LOAD OF THE DISTRICT REP, IS THERE — ARE WE SAYING THAT THEY HAVE THE TIME TO REPORT —

THE DISTRICT REPRESENTATIVES ARE EXTREMELY BUSY, BUT THIS WILL BE A GOOD TOOL, AN ADDITIONAL TOOL THAT DISTRICT REPRESENTATIVES CAN USE TO ADDRESS THE CONCERNS OF SOME OF THE COMMUNITY MEMBERS.

ALVAREZ: IN TERMS OF DRIVING IN THE YARD OR ABOUT OTHER CONCERNS?

WELL, SPECIFICALLY CONCERNS —

ALVAREZ: PARKING IN THE YARD?

YES, SIR.

ALVAREZ: OKAY. AND NOW IN TERMS OF THE SIGN, YOU MAY OR MAY NOT KNOW THIS, BUT IT WAS A 40 DOLLAR FINE, 20 DOLLARS IF YOU PAY EARLY. AND SO IF IT'S A COMPLAINT THAT'S RECURRING, LIKE HAPPENS IN A ROW —

I THINK ONE OF THE THINGS THAT COUNCILMEMBER THOMAS WAS REAL CONSISTENT ON IS THAT WE DO NOT WANT A PERSON TO — SAY, FOR INSTANCE, WE ISSUE A CITATION AND THEN SOMEONE CALL AND WANT US TO GIVE — ISSUE ANOTHER CITATION IMMEDIATELY. WE WANT TO GIVE AT LEAST — AFTER WE ISSUE A CITATION, THERE SHOULD BE AT LEAST APPROXIMATELY SEVEN DAYS BEFORE THE PROCESS BEGINS ALL OVER AGAIN BECAUSE ONCE AGAIN, WE DO NOT WANT TO BURDEN — WE UNDERSTAND AS A POLICE DEPARTMENT BOTH SIDES OF THE ISSUE. AND ONE OF THE THINGS WE DON'T WANT TO DO IS BURDEN THE PEOPLE WHO CANNOT AFFORD THIS TYPE OF CITATION. [ONE MOMENT, PLEASE, WHILE CAPTIONERS] ANY FURTHER QUESTIONS? IF NOT THAT'S THE LAST ITEM THAT WE HAVE. I WILL ENTERTAIN A MOTION TO ADJOURN, MOTION BY COUNCILMEMBER SLUSHER, SECONDED BY — BY COUNCILMEMBER THOMAS. ALL IN FAVOR, SIGNIFY BY SAYING AYE.?

AYE.

, OPPOSED, NO. MOTION CARRIES. THANK YOU, EVERYBODY.

End of Council Session Closed Caption Log


Official Seal of the City of Austin
Austin City Connection - The Official Web site of the City of Austin
Contact Us: Send Email or 311.
Legal Notices | Privacy Statement
© 1995 City of Austin, Texas. All Rights Reserved.
P.O. Box 1088, Austin, TX 78767 (512) 974-2000