Closed Caption Log, Council Meeting
Thursday, June 27, 2002 (Part C)

Part A | Part B | Part C

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.

MY NAME IS PAUL TESLOCK AND I'M AN OFFICER AND A BOARD MEMBER OF THE NEW VILLAGES OF WESTERN OAK EKES AND MR. SLUSHER I WOULD LIKE TO ADDRESS SOME OF THE ISSUES THAT YOU BROUGHT UP SO -- I THINK YOU WILL LIKE WHAT YOU HEAR. I'LL ADDRESS THOSE ISSUES FIRST. EVERY HOMEOWNER IN OUR ASSOCIATION WHEN THEY SIGN FOR THEIR HOUSE IS A MANDATORY PART OF THEIR CLOSING THEY GET CITY PROVIDED LITERATURE THAT WE HAVE THAT WE HAND OUT ABOUT THE RESPONSIBILITY OF LIVING OVER THE AQUIFER SO THEY GET THAT UPON CLOSING OF THEIR HOUSE. IN OUR NEWSLETTERS WE HAVE INCLUDED ARTICLES ABOUT XERI ESCAPING. CONTROLLING OAK WILT, WE'VE GONE AS FAR TO PUBLISH ARTICLES ABOUT THE POTENTIAL POLLUTANTS OF DOG POOP AND THEY NEED TO CLEAN THAT UP. WE WILL BE MAINTAINING A WET POND AREA THAT RESIDES IN OUR FUTURE. THAT IS DESIGNED TO FILTER OUT POLLUTANTS OUT OF THE WATER AS IT RUNS OFF INTO THIS POND AND GOES BEFORE IT GETS INTO THE AQUIFER. WE ARE ALSO PARTIALLY RESPONSIBLE FOR MAINTAINING THE CARST PRESERVE. OUR BOARD SPEND AS LOT OF TIME DEALING WITH THE PARTICULAR ISSUES ON THOSE ITEMS. YES, IN OUR NEIGHBORHOOD ASSOCIATION, OUR NEIGHBORHOOD IT IS MANDATORY THAT YOU HAVE CERTAIN TYPES OF GRASS IN YOUR FRONT YARD. WHO -- WHEN -- PUT THOSE REGULATIONS IN PLACE? THE DEVELOPER. WE WOULD LOVE TO CHANGE THOSE, WE CAN'T, BECAUSE THE DEVELOPER PUT THEM IN. HE ALSO PUT A VERY NICE HEFTY QUORUM IN THERE THAT WE CAN'T CHANGE THOSE REGULATIONS AT THIS POINT. WHEN WE MAKE RECOMMENDATIONS FOR PLANTING FOR NEIGHBORHOODS TO SCREEN CERTAIN STRUCTURES AND STUFF WE RECOMMEND DROUGHT TOLERANT PLANTS SO WE ARE COMMITTED AND WE WILL CONTINUE TO DO THINGS THAT WE CAN IN OUR NEIGHBORHOOD GIVEN WHAT A NEIGHBORHOOD ASSOCIATION CAN DO TO CONTINUE TO HELP THE ENVIRONMENT. IF OUR NAB....NEIGHBORHOOD WAS BUILT WITH EXCESSIVE IMPERVIOUS COVER THAT HAS CONTRIBUTED TO THE POLLUTION OF THE SPRINGS OR THE CITY, WELL, SHAME ON WHOEVER APPROVED THAT DENSITY AND SHAME ON THE DEVELOPER FOR REQUESTING IT, BUT I DID NOT DO THAT. [ APPLAUSE ] AND LET'S JUST BE CAREFUL HERE AND NOT MAKE THE SAME -- IF THAT WAS A MISTAKE, LET'S NOT MAKE THE SAME MISTAKE AGAIN. NOW, AFTER ADDRESSING THOSE PARTICULAR CONCERNS WHICH ARE DIRECTED TO MY NEIGHBORHOOD, I WILL GO ON TO MY NORMAL SPEECH THAT I HAD PREPARED. WE ARE PRESENTED APPROXIMATELY 1600 HOMEOWNERS AND 500 MULTIFAMILY UNITS OF WHICH A SIGNIFICANT NUMBER ARE ADD I DIDN'T SENT TO PARCELS 103 AND 106 57D WE BELIEVE ALL OF OUR HOMEOWNERS WILL BE AFFECTED BY THIS DEAL. AFTER MANY MEETINGS, WITH CITY OFFICIAL, STRATUS, OTHER NEIGHBORHOOD ASSOCIATIONS AND INTERESTED ORGANIZATIONS IN THE ZONING COMMISSION, WE MET SEVERAL TIMES WITH OUR HOMEOWNERS. OUR MEETINGS WERE OPEN AND ANYONE COULD ATTEND. IN THE FIRST MEETING WE ASKED THE CITY AND THE S.O.S. ALLIANCE TO PRESENT WHAT WE CONSIDERED THE PROS AND CONS OF THE DEAL. WE WANTED OUR HOMEOWNERS TO UNDERSTAND ALL THE ISSUE ON BOTH SIDES. THE CITY WAS A ONE OF THOSE MEETINGS PRESENTING THAT SIDE. IN THE SECOND MEETING WE PRESENTED TWO OPTIONS TO OUR HOMEOWNERS BASED ON THE FACTS AS WE UNDERSTOOD THEM AS OF TUESDAY. ACCEPT THE DEAL AS IS OR OPPOSE THE DEAL. THERE WAS NOT A SINGLE HOMEOWNER ON THE DEAL IN ITS CURRENT FORM. ALTHOUGH THERE ARE MANY REASONS THAT WE OPPOSE THIS FORM. I WOULD LIKE TO ADDRESS THREE SPECIFIC ISSUES THAT HAVE NOT TECHNICALLY BEEN ADDRESSED HERE YET. WE WERE NOT INVITED TO THE INITIAL STAKEHOLDER MEETINGS THAT HAVE GONE ON FOR TWO YEAR, THOSE THAT WERE INVOLVED IN THE EARLY NEGOTIATIONS WERE SUCCESSFUL IN MOVING DENSITY AND IMPERVIOUS COVER AWAY FROM THEIR AREAS AND PLATING IT ON THE DOOR STEP OF THOSE THAT WERE NOT INVITED TO THE NEGOTIATIONS. THE CHANGES WILL BEAR THAT OUT. [ APPLAUSE ] IN ORDER TO MAINTAIN 17% OVERALL IMPERVIOUS COVER, 6 OF THE 15 PARCELS HAVE IMPERVIOUS COVER IN EXCESS OF THE 17%. NOT SURPRISINGLY TWO OF THOSE PARCELS ADJOIN OUR PROPERTY. WE WERE INVITED INTO THE PROCESS TWO MONTHS AGO. WE ARE DISAPPOINTED THAT THE CITY AND OTHER PEOPLE THAT ARE INVOLVED IN THIS PROCESS WOULD SELL OUT ONE GROUP OF HOMEOWNERS OR SEVERAL GROUPS OF HOMEOWNERS IN ORDER TO NEGOTIATE IMPERVIOUS COVER AWAY FROM OTHER PEOPLE AND GET THEM TO AGREE TO THIS AGREEMENT. THE HOUSING SHIFTED TO OUR NEIGHBORHOOD WILL INCREASE THE STUDENT BURDEN ON AN ALREADY CROWDED ELEMENTARY. E PROBLEM OF SCHOOL OVERCROWDING AND TRAFFIC HAS SEEMED TO BE ADDRESSED IN OTHER NEIGHBORHOODS THROUGH TRAFFIC, CONCESSION, BUILDING NEW SKILLS BUT NOT AT MILLS. AGAIN, WE WERE INVITED TO THIS PROCESS TWO MONTHS AGO. WE WILL NOT PUT OUR CHILDRENS' LIVES AND EDUCATION AT RISK FOR THIS DEAL. ONE QUOTED IN THE AUSTIN AMERICAN STATESMAN WAS LAND CIRCLE C HOMEOWNER ASSOCIATION THE WILD FLOWER CENTER AND CIC, THE ONLY DONATION TO OUR NEIGHBORHOOD IS A GAS STATION AND STRIP CENTERS, BUT WE ARE WILLING TO TALK. WE HAVE SUGGESTED SEVERAL WAYS TO CONNECT OUR NEIGHBORHOOD TO SOME OF THESE PARKS OR PERKS AND SO FAR THESE HAVE NOT BEEN ADDRESSED THROUGH BIKE LANES, ET CETERA. IT IS OBVIOUS THAT THOSE INVITED EARLY TO THE NEGOTIATION TABLE HAVE GOTTEN MUCH AND WE ARE LEFT TO FIGHT OVER THE SCRAPS. WE WOULD LOVE NOTHING MORE TO STAND UP HERE AND SAY WE SUPPORT THIS DEAL BUT T IN ITS CURRENT FORM WE CANNOT DO THAT.

[BUZZER SOUNDING]

THANK YOU.

[ APPLAUSE ]

[ONE MOMENT, PLEASE, FOR CHANGE IN CAPTIONERS...]

STRAZ.

Slusher: SO THAT'S A PLACE WE'VE GOT TO GET. IF PEOPLE DON'T MOVE OVER THE AQUIFER, IF THEY SAY I'M GOING TO MOVE INTO THE CENTRAL CITY THAT'S WHY I VOTED FOR CONTROVERSIAL HOUSING DEVELOPMENTS AND APARTMENT COMPLEXES THAT REALLY PEOPLE THAT COME HERE AND TELL US DON'T BUILD OVER THE AQUIFER, ALSO TELL US DON'T BUILD OVER BY U.T. AND THINGS LIKE THAT. I THINK -- I JUST APPEAL TO FOLKS TO REALLY TRY TO LOOK -- THIS IS NOT DIRECTED AT YOU PERSONALLY, BUT WE'VE REALLY GOT TO TRY TO LOOK AT THE BIGGER PICTURE HERE IF WE'RE GOING TO SAVE BARTON SPRINGS. I'LL JUST LEAVE IT AT THAT.

Mayor Garcia: THANK YOU, COUNCILMEMBER. LET ME SAY THAT GARRETT NICK IS REGISTERED, NOT WISHING TO SPEAK AND IS REGISTERED AGAINST. MR. JOSEPH HANCOCK DID NOT INDICATE WHETHER HE WAS FOR OR AGAINST -- I MEAN WHETHER HE HE WANTED TO SPEAK. IS HE HERE? JOSEPH HANCOCK? HE'S REGISTERED AGAINST. CAT LINE HORNADAY DOES NOT WISH TO SPEAK. IS COLLEEN LEE HERE? TOM BOSEMAN. MR. BUNCH. WELCOME.

THANK YOU, I'M BILL BUDGE WITH SAVE OUR SPRINGS ALLIANCE MUCH JUST A COUPLE OF HOUSEKEEPING COMPLAINTS I GUESS YOU MIGHT SAY.

Mayor Garcia: BILL, HOLD IT JUST A SECOND. HE HAS 15 MINUTES. DID YOU MOVE THE TIME CLOCK? RIGHT THERE. OKAY. BACK TO YOU.

IT'S UNFORTUNATE THAT SO MANY PEOPLE ARE LEAVING BEFORE THEY ARE ABLE TO SPEAK AND I THINK THAT'S A MATTER OF US STARTING SO LATE AND HAVING SUCH A LONG INTRODUCTION FROM STAFF. AND SO -- [APPLAUSE] I WOULD ASK THAT WE HAVE PUBLIC HEARINGS IN THE FUTURE MEETINGS THAT START EARLIER, WHEN PEOPLE CAN BE HERE, BUT ALSO AFTER THE WORK HOUR.

[INAUDIBLE].

IN A BIGGER ROOM. ACTUALLY, THERE'S A GREAT PLACE TO MEET THAT HAS PLENTY OF ROOM, AND THE CITY OWNS IT, AND YOU WOULDN'T HAVE TO PAY ANY RENT. IT'S CALLED BARTON SPRINGS. [CHEERS AND APPLAUSE] SO I WOULD -- BEFORE WE HAVE ANOTHER MEETING ON A DEVELOPMENT AGREEMENT, I WOULD LIKE TO HAVE ONE CITY COUNCIL MEETING AT BARTON SPRINGS ON A PROTECTION AGREEMENT. [APPLAUSE] PLEASE ACCEPT THAT AS A FORMAL REQUEST ON BEHALF OF THE SAVE OUR SPRINGS ALLIANCE. FOR THOSE WHO MAY BE WATCHING OR LISTENING AT HOME, WE'RE AT 3700 LAKE AUSTIN BOULEVARD, ACRASS FROM THE HULA HUT OR MOZART'S CAFE. YOU CAN GET IN YOUR CAR AND DRIVE DOWN HERE AND SIGN UP AND SPEAK TO THE FUTURE OF OUR CITY AND BARTON SPRINGS. AND IF YOU DON'T TEND TO CARE ABOUT BARTON SPRINGS, BUT YOU DON'T LIKE THE TRAFFIC ON MOPAC, YOU MIGHT WANT TO COME DOWN HERE AS WELL SINCE THIS DEAL WOULD DUMP A FEW TENS OF THOUSANDS OF CARS ON MOPAC EVERY DAY. WHAT DO WE WANT? WHAT ARE WE ASKING THE CITY TO DO INSTEAD OF THIS DEAL AND INSTEAD OF THESE ZONING CHANGES? AND I WANT TO SAY WE'RE ASKING THE COUNCIL TO DO WHAT YOU JUST ASKED US TO DO, COUNCILMEMBER SLUSHER, LOOK AT THE BIG PICTURE. SINCE THIS DEAL WAS FIRST FLOATED IN LATE 2000, 28 NEIGHBORHOOD AND ENVIRONMENTAL ORGANIZATIONS HAVE PASSED RESOLUTIONS REQUESTING THE FOLLOWING: A COMPREHENSIVE PLAN TO PROTECT THE AQUIFER, TO MANAGE TRAFFIC, AND TO PROTECT NEIGHBORHOODS BEFORE ANY UPZONINGS ARE APPROVED THAT INCREASE TRAFFIC. YOU HAVE BEFORE YOU 15 ZONING CASES THAT UPZONE AND THAT INCREASE TRAFFIC BY TENS OF THOUSANDS OF CAR TRIPS PER DAY. SO THE GROUPS THAT ARE ASKING YOU TO LOOK AT THIS BIG PICTURE BEFORE YOU ENGAGE ANY ZONING -- UPZONINGS ARE THE AUSTIN NEIGHBORHOODS COUNCIL, THE AUSTIN SIERRA CLUB, ALLENDALE NEIGHBORHOOD ASSOCIATION, BRYKERWOODS NEIGHBORHOOD ASSOCIATION, CHERRY CREEK ON BRODIE, THE CIRCLE C NEIGHBORHOOD ASSOCIATION, DEER PARK AT MAPLE RUN, THE ESTATES OF BARTON SPRINGS, THE FOOTHILLS AT BARTON CREEK, FOX RUN RIDGE HOMEOWNERS ASSOCIATION, HIGHLAND PARK BALCONES NEIGHBORHOOD ASSOCIATION, LOST CREEK NEIGHBORHOOD ASSOCIATION, NEW VILLAGE OF WESTERN OAKS, OAK MONT HEIGHTS, OLD WEST AUSTIN, RIDGELEY, ROSEDALE, SAVE BARTON SPRINGS ASSOCIATION, SAVE OUR SPRINGS ALLIANCE, TANGLE WOOD FOREST, TEXAS OAKS, SOUTH BY SOUTHEAST NEIGHBORHOOD ASSOCIATION, VILLAGE OF WESTERN OAKS NEIGHBORHOOD ASSOCIATION, WEST AUSTIN NEIGHBORHOOD ASSOCIATION, WESTMINSTER NEIGHBORHOOD ASSOCIATION, THE WOODS AT BARTON CREEK AND THE ZILKER NEIGHBORHOOD OZARKS. YOU...ASSOCIATION. I LEFT OUGHT BART VIEW W NEIGHBORHOOD ASSOCIATION. IF YOU WOULD ADD THAT TO THE LIST. THAT'S WHAT WE'RE ASKING FOR, COUNCILMEMBER SLUSHER. WE NEED A BIG PICTURE. WE NEED A PLAN TO SAVE THE SPRINGS BEFORE WE DO THESE DEALS. SPECIFICALLY, YOU HAVE BEFORE YOU A WHOLE BUNCH OF ZONING CASES THAT HAVE BEEN INITIATED BY THE CITY. YOU CAN WITHDRAW THOSE, AND WE'RE ASKING THAT THOSE BE WITHDRAWN IN FAVOR OF THE PLAN. THIS PLANNING EXERCISE WAS SPECIFICALLY CONTEMPLATED WHEN WE DID THE BRADLEY DEAL, AND IT WAS AN ENTICEMENT SO ENCOURAGE PEOPLE TO SUPPORT THE BRADLEY DEAL. THAT IF THE BRADLEY DEAL WENT THROUGH, BRADLEY WOULD HELP US WITH THE HOMEOWNERS ASSOCIATION DO A NEIGHBORHOOD PLAN, GET THE NEIGHBORHOODS MOTIVATED TO OPPOSE THIS HIGH-DENSITY DEVELOPMENT THAT WE ALL NEW STRATUS WAS GOING TO BE COMING DOWN TO. THAT'S ACTUALLY SUGGESTED IN THE AGREEMENT THAT YOU ALL SIGNED WITH THE HOMEOWNERS ASSOCIATION. THAT NEVER HAPPENED. WHY IS THAT? BECAUSE MR. BRADLEY, WHO DOES STILL CONTROL THESE OFFICERS, THEY STILL OPERATE OUT OF HIS OFFICES, AND I HAVE A LETTER HERE, IT'S IN YOUR PACKET, SHOWING THEIR ADDRESS OF THE HOMEOWNERS ASSOCIATION AT 1111 BEST 11.. 11th STREET. THAT DIDN'T HAPPEN. MR. BRADLEY'S INTERESTS ARE STILL ALIGNED WITH STRATUS' INTERESTS AND IS WE DIDN'T GET THAT. BUT IT'S YOUR JOB TO PROVIDE IT TO THE COMMUNITY. THERE'S BEEN A LOT SAID ABOUT THIS PROCESS AND ATTRIBUTING ME TO HAVING STARTED IT. THERE'S A LITTLE BIT OF TRUTH IN THAT. WE DID ASK STRATUS TO HAVE A BROAD MEETING, BRINGING EVERYONE TOGETHER SO THERE WOULDN'T BE DIVIDE AND CONQUER. AND WE HAD ONE MEETING AT -- DOWN AT THE WILD FLOWER CENTER WHERE THAT SORT OF HAPPENED. I ASKED THE CITY AND STRATUS TO PAY THE MAIL NOTICE TO EVERYONE DOWN THERE. THEY WOULDN'T DO THAT. SO THE FOLKS NEVER FOUND OUT, THE FOLKS IN CIRCLE C, THE FOLKS IN VILLAGE OF WESTERN OAKS AND THE OTHER SURROUNDING NEIGHBORHOODS DIDN'T FIND OUT ABOUT IT. THEY DIDN'T KNOW BIT. AND IT UNFORTUNATELY WENT DOWNHILL FROM THERE. WE HAD ABOUT 80 PEOPLE SHOW UP, BUT THEN STRATUS WANTED TO KEEP SHRINKING THE GROUP SMALLER AND SMALLER SO THEY COULD MANAGE THEM APPROPRIATELY. WHEN YOU ARE FEELING THREATENED BY SOMEBODY LIKE THIS, YOU DON'T EXCLUDE YOUR FRIENDS. YOU SEEK OUT YOUR ALLIES AND YOUR FRIENDS SO YOU FEEL STRONGER. UNFORTUNATELY THE CITY MANAGER TOOK THIS INTO THE BACK ROOM AND LOCKED EVERYBODY OUT, INCLUDING THE STAKEHOLDERS. IT WAS AT THAT JUNCTURE THAT I DID BAIL OUT. AT THE SAME TIME, IT BECAME OBVIOUS THAT IN FACT A LOT OF PEOPLE WEREN'T INFORMED. WE THOUGHT THAT THE VILLAGE OF WESTERN OAKS FOLKS WERE BEING REPRESENTED. THEY WEREN'T. THERE WAS SOME MODICOM OF PRESENTATION THAT THE CIRCLE C OAM HOMEOWNERS WERE BEING REPRESENTED. THEY WEREN'T. WE HAVE RIGHT HERE IN FRONT OF YOU AN E-MAIL FROM MR. KEN RIGSBY, WHO CLAIMS TO LOVE BARTON SPRINGS SO MUCH, BUT HE'S BEEN UP THERE LOBBYING FOR BRADLEY FOR AUSTIN BASHING TAKING AWAY OUR POWERS TO PROTECT BARTON SPRINGS FOR ABOUT SIX OR SEVEN SESSIONS. HE WROTE TO CAMPO SAYING WE ARE SPECIFICALLY NOT TELLING THE HOMEOWNERS OF CIRCLE C THAT WE'RE NEGOTIATING THIS DEAL. IT'S IN BLACK AND WHITE HERE. SO THAT'S THE KIND OF REPRESENTATION THAT'S BEEN HAPPENING DOWN THERE. I TRIED TO GO TO THEIR MEETINGS TO PROVIDE THE OTHER SIDE OF THE STORY. THE NEW VILLAGE OF WESTERN OAKS FOLKS WELCOMED ME IN. I WAS LOCKED OUT OF THE CIRCLE C NEIGHBORHOOD ASSOCIATION MEETING. BUT I STOOD BY THE DOOR AND LISTENED, AND I HEARD THE CITY ATTORNEYS STAND UP, MR. DOBSON AND SAY, YOU KNOW, IF YOU DON'T DO THIS DEAL, IT'S GOING TO BE SO MUCH WORSE, AND THAT'S BEEN THE REFRAIN FOR THE LAST THREE MONTHS. IF YOU DON'T DO THIS DEAL, YOU ARE JUST GOING TO GET SCREWED TEN TIMES WORSE. NOW, HOW MUCH FREE WILL ARE PEOPLE EXERCISING WHEN THAT'S THE MESSAGE FROM CITY HALL? I THINK WHEN YOU HEAR ANYBODY SAYING THEY SUPPORT THIS DEAL, THAT IS THE TERMS ON WHICH THEIR SUPPORT IS GIVEN. IF YOU LOOK AT THE TAPES FROM THE ZONING AND PLATTING COMMISSION AND YOU LISTEN TO WHAT COMMISSIONER SPELL MAN AND A FEW OTHERS SAID, IT'S VERY CLEAR. THEY WERE TOLD YOU GOT TO PROVE THESE ZONING CHANGES. THIS DEAL IS HAPPENING, YOU GOT TO MAKE THIS HAPPEN. THERE'S BEEN ENORMOUS HOURS SPENT AND TIME SPENT BY CITY STAFF WITH THE DEVELOPER, WHO IS THE BULLY HERE. RATHER THAN SPENDING THAT TIME REACHING OUT FINDING ALLIES WHO CAN MAKE YOU STRONGER, NOT JUST HERE BUT IN OTHER PARTS OF THE AQUIFER. IN SAN ANTONIO RIGHT NOW, 100,000 CITIZENS HAVE SIGNED A PETITION FORCING A REFERENDUM VOTE AGAINST A HUGE DEVELOPMENT PROPOSED BY OUR BEST FRIEND LUMBERMEN'S INVESTMENT. AND P.G.A. GOLF. AND WHY ARE THEY FORCING A REFERENDUM ON THAT DEVELOPMENT? BECAUSE IT'S OVER THE RECHARGE ZONE OF THE EDWARDS AQUIFER AND BECAUSE IT HAS A GIANT TAX GIVE-AWAY. A GIANT FINANCIAL SUBSIDY. DOES THAT SOUND FAMILIAR? [APPLAUSE] WE HAVE ALLIES ALL OVER THIS STATE. PEOPLE WHO ARE TIRED OF EXCESSIVE GROWTH AND.... AND BULLYING CORPORATIONS TACK OUR.......................YOU ARE NOT REACHING OUT AND FINDING THOSE PEOPLE AND DEFENDING OUR HOME RULE AND HOME RULE POWERS AND OUR WATERS. AND THAT'S ALSO WHAT WE'RE ASKING YOU TO DO, PUT THIS DEAL ASIDE AND SOLVE THE PROBLEM. QUIT MAKING AUSTIN BASHING THE EXCUSE FOR KILLING BARTON SPRINGS. ON THE WATER QUALITY ISSUES, I CONTINUE TO BE DISGUSTED BY YOUR STAFF CALLING THIS S.O.S. COMPLIANT. IT IS NOT. IT'S NOT EVEN CLOSE. IT'S NOT S.O.S. IMPERVIOUS COVER LEVELS. BECAUSE THE ORDINANCE, AS YOU CAN READ RIGHT HERE, SAYS IT HAS TO BE ON A SITE BY SITE BASIS. FOLKS WANT TO ARGUE CLUSTERING IS BETTER. WELL, YOU KNOW WHAT? CLUSTERING IS FORCED BY THE S.O.S. ORDINANCE. IT'S CLUSTERING AT LOWER IMPERVIOUS COVER LEVELS. AT 15% ON EVERY SINGLE SITE. THAT IS THE KIND OF CLUSTERING THAT PROTECTS WATER QUALITY. WHEN YOU START JACKING UP IMPERVIOUS COVER TO 30 AND 40% ON A GIVEN SITE, YOU ARE SHIFTING YOUR RELIANCE TO ENGINEERED CONTROLS, TO LONG-TERM MAINTENANCE AND REPAIR, FROM COMPANIES WHO DON'T CARE, BECAUSE IT HAS ABSOLUTELY NOTHING TO DO WITH HOW MUCH MONEY THEY ARE MAKING. [APPLAUSE] WE SPECIFICALLY LIMITED IMPERVIOUS COVER TO FAIRLY LOW LEVELS ON EVERY SINGLE SITE FOR A FEW REASONS. ONE WAS BECAUSE WE WANTED TO RELY ON THE PASSIVE PROTECTION THAT NATURAL SOIL AND VEGETATION PROVIDES. AND MINIMIZE RELIANCE ON ENGINEERED CONTROLS. YOU ARE THROWING THAT AWAY. SECONDLY, WE DIDN'T WANT -- WE KNEW THERE WAS A WHOLE BUNCH OF LAND THAT WAS NOT PARTICULARLY DEVELOPABLE, IT WAS HARD TO GET TO, THERE WEREN'T ROADS ACCESSING IT, IT WAS STEEP, THERE WAS SOME SINKHOLES OR SOMETHING THAT MADE IT VERY DIFFICULT TO DEVELOP. SO IF YOU HAVE ON A SITE BY SITE BASIS, SOME SITES HAVE CONSIDERABLY LESS THAN THE MAXIMUM. WE WANT THAT. YOU ARE TAKING THAT AWAY AND YOU ARE USING THIS THEORETICAL MAXIMUM OF S.O.S. THAT YOU CAN'T GET TO ON A LOT OF SITES. AND BY SHIFTING IT OVER TO OTHER SITES, HIGHLY PROFITABLE SITES, YOU ARE GETTING THE MAXIMUM THAT WAS NOT SUPPOSED TO HAPPEN UNDER S.O.S. YOU ARE ALSO INCREASING PRESSURE TO NOT SET BACK FROM RECHARGE FEATURES. THIS IS HAPPENING ON 107. ONCE THEY WERE LOCKED IN AND SAID, OKAY, WE'RE GOING TO GET 40%, WELL, THEN THERE'S THIS HUGE PRESSURE TO NOT PROTECT SINKHOLES AS MUCH AS YOU SHOULD. WELL, WE GET 40% NOW, DON'T TAKE THAT AWAY FROM US, YOU KNOW. WHEN YOU LIMIT IT ON A SITE BY SITE BASIS, YOU HAVE A LOT MORE FLEXIBILITY TO CHOOSE AND -- THE BEST SITE AND PROTECT YOUR ENVIRONMENT. THERE'S ANOTHER WAY THIS DEAL DOESN'T COME CLOSE TO S.O.S. AND NOBODY IS MENTIONING IT. S.O.S. SAID YOU DO THIS ON EVERY SINGLE SITE. WE WERE TIRED OF DOING DEALS. WE WANTED A LAW THAT EVERYONE COMPLIED WITH. THE BIG GUYS, THE LITTLE GUYS, AND THE IN BETWEENERS. AND WE WERE TIRED OF WASTING A LOT OF PEOPLE'S LIVES, A LOT OF CITY OF AUSTIN STAFF TIME AND MONEY DOING EVERY SINGLE PROJECT AS ANOTHER DEAL. AND WHERE ARE WE NOW? WE'RE WASTING ENORMOUS AMOUNTS OF HUMAN LIVES DOING DEALS AND CHANGING EVERY SINGLE TRACT AS SOMETHING NEW. THAT IS WRONG AND IT'S TERRIBLE, AND IT IS A VIOLATION OF THE S.O.S. ORDINANCE. [APPLAUSE]

Mayor Garcia: THE CITY MANAGER WANTS TO RESPOND.

I WAS A WEE BIT ASTRON ISSUED -- I ASSUME WHEN YOU ARE SAYING CITY MANAGER IT WAS ME, THAT I TOOK THE DEAL INTO A BACK ROOM SO I WOULD JUST LIKE TO ASK A HANDFUL OF QUESTIONS. WERE YOU IN AN EXISTING STAKEHOLDER GROUP WHEN I JOINED THIS [INAUDIBLE]?

YES.

DID YOU WEEK WITH US WEEKLY MULTIPLE WEEKS IN A ROW?

NO, I MET TWICE, AND WHEN THE DEAL THAT YOU PUT ON THE TABLE WAS NOT EVEN CLOSE TO WHAT THE STAKEHOLDER GROUP HAD ALIGNED, WHICH WAS NEIGHBORHOOD SCALE COMMERCIAL ONLY AND LESS RESIDENTIAL DENSITY, AND IT WAS -- SO WHEN I SAW THE DEAL YOU LAID OUT AND WHEN -- WHICH WAS ABOUT THE SAME TIME IT BECAME CLEAR THAT A NUMBER OF AFFECTED NEIGHBORHOOD GROUPS THAT WEREN'T BEING REPRESENTED, I WALKED.

THAT'S SO DISINGENUOUS BILL. YOU WERE AT THAT MEETING REPEATEDLY. YOU WERE THE ONLY PERSON WHO LEFT THE TABLE. WE WORKED OFF OF A SET OF PARAMETERS THAT YOU HELPED DESIGN. WE WORKED EACH WEEK ANSWERING EVERY QUESTION AND PIECE OF RESEARCH YOU ASKED US TO LOOK AT WEEK AFTER WEEK. AND IN FACT, AFTER YOU LEFT THE TABLE, A LONG TIME AFTER YOU LEFT THE TABLE, YOU ASKED ME PERSONALLY WOULD I TAKE A SECOND LOOK, A SECOND LEGAL LOOK, YOU SUGGESTED A SPECIFIC ATTORNEY. I DID THAT. AND WHEN THE OUTCOME WAS NOT WHAT YOU SAID -- WAS NOT WHAT YOU HAD BEEN TELLING OTHERS IT IS, YOU SUED THE CITY WITHIN THREE DAYS OF THAT OUTCOME. NOW, FOR WHAT IT'S WORTH, BILL, TAKING A DEAL INTO A BACK ROOM WHEN YOU WERE IN THE ROOM I WENT INTO IS KIND OF AN INTERESTING STATEMENT.

WELL, CITY MANAGER FUTRELL, LET ME BACK UP BECAUSE I DIDN'T EXPECT THIS TO BE TAKEN AS A PERSONAL ATTACK.

AND I DON'T REMEMBER ASKING ANYTHING BUT THOSE FOUR QUESTIONS, WERE YOU IN THE ROOM, DID YOU COME BACK REPEATEDLY, DID WE ANSWER QUESTIONS FOR YOU, AND DID YOU ASK US TO GET AN OUTSIDE LEGAL OPINION. AND I THINK YOU'VE ANSWERED THOSE. AND I APPRECIATE IT.

WELL, I DID ASK YOU TO DO THAT, AND YOU DID IT, AND I APPRECIATE THAT. AND I THINK IT'S ALSO ACCURATE TO SAY THAT A LOT OF FOLKS, MYSELF INCLUDED, ARE EXTREMELY PLEASED THAT YOU ARE OUR CITY MANAGER AND THAT YOU ARE VERY DIFFERENT FROM THE PREVIOUS CITY MANAGER THAT WE HAD. AND THERE'S SIGNIFICANT IMPROVEMENTS IN COMMUNICATION, BUT ON THIS PARTICULAR DEAL, NOBODY ASKED YOU TO TAKE THE DEVELOPER'S LAWYERS, THIS WHOLE DEVELOPMENT AGREEMENT WAS NEGOTIATED, AND YOU KNOW THIS, BETWEEN YOUR LAWYERS AND THE DEVELOPER'S LAWYERS. AND NONE OF THE STAKEHOLDER PEOPLE, AS LIMITED IN THEIR REPRESENTATION OF THE AFFECTED PARTIES AS THEY WERE, WERE EVER ALLOWED INTO THOSE NEGOTIATING SESSIONS, AND YOU KNOW THAT.

WAIT A SECOND. [APPLAUSE] BEFORE YOU APPLAUD AT MISINFORMATION, EVERY WEEK THE DOCUMENTS CAME BACK INTO THAT ROOM. EVERY DOCUMENT WE HAD AND EVERY PIECE OF INPUT WAS DISCUSSED AND EVEN INCORPORATED OR NOT INCORPORATED BASED ON WHAT WE COULD GET CONCESSIONS ON. NOBODY WAS SURPRISED BY A DOCUMENT. WE EVEN WENT TO INDIVIDUAL MEETINGS WITH DIFFERENT PEOPLE IN THE STAKEHOLDER GROUP AND WENT LINE ITEM BY LINE ITEM THROUGH THOSE AGREEMENTS. YOU HAD LEFT THE TABLE AT THAT POINT, BILL, BUT ABOUT -- WELL, EVERYBODY BUT YOU WAS STILL AT THE TABLE WORKING THROUGH IT ALL THE WAY TOWARDS THE END. THE COMMENT OF A BACK ROOM DEAL AND -- [INAUDIBLE] [APPLAUSE]

MAYOR, I DID HAVE A COUPLE --

Mayor Garcia: BILL, JUST A SECOND. LET ME RECOGNIZE A COUNCILMEMBER.

Wynn: MR. BUNCH'S TIME IS UP AND THERE ARE FOLKS HERE WAITING TO SPEAK AND I WANT TO HEAR THEM.

Mayor Garcia: LET ME CALL MR. JIM-REALLY AND MAYOR PRO TEM, DO YOU WANT TO MAKE A COMMENT?

I HAD WANTED TO ASK SOME QUESTIONS OF MR. BUNCH, AND I WILL BE CAREFUL AND BRIEF BECAUSE THEY ARE LEGAL. AND I'LL TRY NOT TO ASK ANYTHING THAT'S GOING TO TAKE TOO LONG TO ANSWER. BUT I DO HAVE TO SAY AND AN INTRODUCTION TO THESE QUESTIONS BECAUSE IT IS LEGAL, THIS IS NOT AN EASY PROCESS, AND I DON'T WANT ANYBODY TO THINK THAT THIS IS. THE DIFFERENT FORUMS THAT ARE BEING MELDED IN ESSENCE IN LOOKING AT TONIGHT'S PROPOSAL ARE FROM DIFFERENT LAWSUITS OVER THE YEARS, AND THAT OF COURSE HAS A DIFFERENT SORT OF PROCEDURE FOR COMING TO SOME AGREEMENT IF YOU CAN. AND OVER LEGISLATION, THERE'S LAWSUITS OVER LEGISLATION, AND THEN ADDITIONAL LEGISLATION IN THE LAND DEVELOPMENT PROCESS ITSELF. SO THAT MAY BE WHY A LOT OF PEOPLE ARE KIND OF CONFUSED BY THE DIFFERENT FORUMS AND THE PROCESSES. AND THE REASON FOR INTRODUCING THAT OF COURSE IS BECAUSE WE LOOK AT THIS, THEN WE ALSO HAVE A LAWSUIT. SO WHAT I WOULD LIKE TO ASK IS SOME OF THE CLARIFYING ISSUES THAT I THINK WON'T COMPROMISE ANYBODY'S POSITION ONCE THEY GET IN THE COURTROOM. AND I'VE ALREADY ASKED BILL IF HE CAN ANSWER THESE, YOU KNOW, IF THAT'S OKAY. SO THE ONE THING, KNOWING THAT WE HAVE TO BE BRIEF BECAUSE THERE ARE A LOT OF PEOPLE HERE, CAN YOU CLARIFY WHY S.O.S. IS EXEMPT OR MAYBE EVEN SORT OF AN ADJUNCT TO 1704, WHICH IS NOW CHAPTER 245?

YES. UZ FIRST...... FIRST OF ALL, THE GRANDFATHERING STATUTE SAYS YOU START FROM THE RULES AT THE BEGINNING. AND PART OF THE RULES FROM THE BEGINNING WERE THE CIRCLE C M.U.D. AGREEMENTS. AND THAT'S THE DEVELOPMENT AGREEMENT WE HAVE NOW, AND WE WOULD LIKE TO UPHOLD IT. AND IF WE'RE NOT GOING TO, THEN WE HAVE VERY LITTLE SAY THAT WILL UPHOLD THE NEW DEVELOPMENT AGREEMENT. BUT KEY PROVISIONS OF THAT ORIGINAL DEVELOPMENT AGREEMENT, THE M.U.D. AGREEMENTS BETWEEN THE CITY, PROVISIONS NEGOTIATED VERY HARD BY ROGER DUNCAN AND SOME OTHER FOLKS THAT I THINK YOU ALL RESPECT, ALTHOUGH THERE'S RECIGARETTES.............REGRETSTHAT THIS EVER HAPPENED, BUT BEING IT DID, WE OUGHT TO AT LEAST HOLD ON TO THE GOOD PARTS. AND PART OF THE GOOD PARTS ARE RESTRICTIVE COVENANTS FILED AND RUNNING WITH THE LAND ATTACHING AND SURVIVING THE ANNEXATION, WHEREAS OTHER PARTS OF THE DEAL WENT AWAY WHEN THE NAIR WAS ANNEXED. -- WENT AWAY WHEN THE AREA WAS ANNEXED. THEY CONTINUE AFTERWARD AND RESTRICTIVE COVENANT NUMBER 2 STATES EXPLICITLY ALL DEVELOPMENT WITHIN THE DISTRICT INCLUDING THE ROUTING OF INFRASTRUCTURE SHALL COMPLY WITH THE APPLICABLE SPECIAL WATERSHED ORDINANCES AS AMENDED FROM TIME TO TIME. THE AGREEMENT WE NEGOTIATED WITH THE DEVELOPERS AT THE BEGINNING SAID WE GET TO UPGRADE OUR WATER QUALITY STANDARDS BECAUSE WE KNEW THAT WAS A VULNERABLE SENSITIVE AREA THAT FED TO BARTON SPRINGS, AND WE KNEW THAT WE WOULD LEARN MORE ABOUT WATER QUALITY AND WE WOULD NEED TO UP... UPGRADE OUR STANDARDS. SO WE BARGAINED FOR THAT RIGHT AND WE HAVE THE RIGHT TO HAVE IT ENFORCED. AND TO ARGUE THAT SOME LAW DOESN'T LET US DO THAT, THAT LAW IS -- IF IT SAYS THAT, IS AN IMPAIRMENT OF CONTRACTS AND IS UNCONSTITUTIONAL RETROACTIVE LAW. THE SECOND PROVISION IN THAT ORIGINAL AGREEMENT PROVIDES EXPLICITLY, AND THIS IS ALSO ONE OF THE ON COURT, ON FILE RESTRICTIVE COVENANTS RUNNING WITH THE LAND, IT IS ACKNOWLEDGED AND AGREED THE DENSITIES REFLECTED ON THE LAND PLAN ARE NOT GUARANTEED LEVELS OF DEVELOPMENT, BUT REPRESENT THE MAXIMUM LEVELS OF DEVELOPMENT WHICH CAN BE ACHIEVED SUBJECT TO THE REDUCTION THEREOF NECESSITATED BY COMPLIANCE WITH THE REQUIREMENTS OF APPLICABLE ORDINANCES. SO THE -- THOSE DENSITY LIMITS ARE MAXIMUM. THEY ARE NOT GUARANTEES, AND THEY NEVER WERE FROM THE BEGINNING. TURNING TO THE LAW ITSELF, THE CHAPTER 245, IF YOU IGNORE AND SOMEHOW ARGUE THAT THAT ORIGINAL DEAL IS NOT THE ORIGINAL RULE THAT APPLIES, THE LAW ITSELF SAYS THIS CHAPTER DOES NOT APPLY TO, AND IT LISTS A LIST OF EXEMPTIONS, BUT EXEMPTION NUMBER 9, REGULATIONS TO PREVENT IMMINENT DESTRUCTION OF PROPERTIES OR INJURIES TO PERSONS. IMMEDIATELY BELOW HERE I HAVE THE FIRST PART OF THE S.O.S. ORDINANCE. AND I THINK IF YOU LOOK JUST AT THE ORDINANCE, AND IF YOU RECALL SOME OF THE FACTS THAT YOU HEARD FROM MARK KIRKPATRICK ABOUT THE LEVELS OF POLLUTION THAT WE'RE ENJOYING NOW, YOU WILL UNDERSTAND AND YOU AGREE, AND THIS DOESN'T TAKE A LAWYER. THE COMMUNITY CAN UNDERSTAND THIS LEGAL QUESTION AND ANSWER IT. EACH ONE OF US CAN ANSWER IT FOR OURSELVES. THE QUESTION IS IS S.O.S. ORDINANCE A REGULATION TO PREVENT IMMINENT DESTRUCTION OF PROPERTY OR INJURY TO PERSONS. WELL, THERE'S NO DISPUTE THAT GROUND WATER, SURFACE WATER AND WILDLIFE AND SOIL AND VEGETATION ARE FORMS OF PROPERTY. IT'S NOT THE FIRST KIND OF PROPERTY YOU THINK OF, BUT THOSE ARE KINDS OF PROPERTY. THE ORDINANCE SAYS VERY EXPLICITLY THAT IT WAS WRITTEN TO PROTECT BARTON SPRINGS, BARTON CREEK AND THE BARTON SPRINGS EDWARDS AQUIFER. IT WAS CALLED THE SAVE OUR SPRINGS ORDINANCE, S.O.S., BECAUSE WE KNEW THE THREAT WAS IMMATERIAL INNOCENT. THAT IT WAS BASICALLY -- IMMINENT. IT WAS BASICALLY AN EMERGENCY TEN YEARS AGO, AND NOW THE SCIENCE TELLS US WE WERE RIGHT. WE HAVE POLLUTANT LEVELS THAT ARE TOXIC TO AQUATIC LIFE AND VIOLATING DRINKING WATER STANDARDS. THAT'S THE OTHER PART. INJURY TO PERSONS. IS THIS ORDINANCE PREVENTING IMMINENT INJURY TO PERSONS? WE SAID WE'RE TRYING TO PROVIDE A SAFE DRINKING WATER SUPPLY. THAT'S THE DECLARATION OF INTENT IN THE ORDINANCE. THE PEOPLE OF THE CITY OF AUSTIN DECLARE THEIR INTENT TO PRESERVE A CLEAN AND SAFE DRINKING WATER SUPPLY. TO PREVENT FURTHER DEGRADATION OF THE WATER IN BARTON CREEK, BARTON SPRINGS AND THE BARTON SPRINGS EDWARDS AQUIFER. ET CETERA, ET CETERA. TO PROMOTE THE PUBLIC HEALTH, SAFETY AND WELFARE. AND FINALLY, THE CITY OF AUSTIN RECOGNIZES THAT THE BARTON SPRINGS EDWARDS AQUIFER IS MORE VULNERABLE TO POLLUTION FROM URBAN DEVELOPMENT THAN ANY OTHER MAJOR GROUND WATER SUPPLY IN TEXAS. AND THAT THE MEASURES SET OUT IN THIS ORDINANCE ARE NECESSARY TO PROTECT THIS IRREPLACEABLE NATURAL RESOURCE. NOW, DR. KIRKPATRICK SAID EARLIER WHEN THIS AQUIFER IS POLLUTED, WE AREN'T CLEANING IT UP. NOW, IS THERE SOMEBODY HERE WHO HAS BEEN DOWN TO SEE THE SPRINGS? WHO HAS LOOKED AT THE SCIENCE? WHO HAS THOUGHT ABOUT THIS? WHO IS GOING TO TELL ME THAT THE S.O.S. ORDINANCE IS NOT AN ORDINANCE TO PREVENT IMMINENT DESTRUCTION OF PROPERTY OR INJURY TO PERSONS? WELL, THAT'S WHAT YOUR LAWYER IS TELLING YOU. [APPLAUSE]

Mayor Garcia: FOLKS, FOLKS. WE HAVE --

IF YOU GO BACK AND LOOK AT OUR CAMPAIGN MATERIALS, WILL YOU SEE THAT THE LEGISLATIVE INTENT, IF YOU DON'T TRUST THE VERY WORDS OF THE ORDINANCE ITSELF, THE LEGISLATIVE HISTORY OF THIS ORDINANCE IS CRYSTAL CLEAR. IT IS ONE OF THESE AND IT IS EXEMPT AND YOU SHOULD BE APPLYING IT TO EVERY SINGLE PIECE OF LAND IN THE WATERSHED AND STOP RUNNING YOUR STAFF RAGGED AND THE REST OF US INTO THE GROUND CUTTING A DEAL ON EVERY SINGLE PROPERTY. APPLY THE LAW ACROSS THE BOARD. AS IT WAS INTENDED. [APPLAUSE] [CHEERS AND APPLAUSE]

Goodman: YOU ARE WELCOME. THERE WAS ONE MORE PRECISE -- MORE PRECISE THING I NEED TO DO ASK YOU, AND THAT IS IN S.O.S. IT SAYS SITE BY SITE. AND THE WAY PEOPLE ASSUME THAT 1704/245, WHATEVER WE CALL IT, IS THAT A LOT HINGES ON THE WORD "PROJECT." SO YOU ARE SAYING THAT S.O.S. DOES NOT CONSIDER A PROJECT AS IT'S ASSUMED TO BE AND MAYBE LEGALLY IS ACCEPTED, I DON'T REALLY KNOW. LAWYERS WILL HAVE TO TELL US LATER. WHICH WOULD INCLUDE MANY SITES, IN THIS CASE IF YOU CALL THEM TRACTS. SO YOU ARE SAYING THAT SITE BY SITE MEANS TRACT BY TRACT?

THE ORDINANCE ADOPTED DEFINITIONS AND PRACTICES THAT WERE IN THE PREVIOUS CITY ORDINANCES. AND THEY'VE ALWAYS RECOGNIZED THAT EACH TRACT WAS A DIFFERENT SITE. YOU COULD PUT TWO TRACTS THAT ARE CONTIGUOUS TOGETHER, BUT A SITE THAT WAS, YOU KNOW, ON SLAUGHTER AND ANOTHER ONE THAT IS DOWN MOPAC, THAT'S NOT THE SAME SITE.

Goodman: OKAY. HOW ABOUT LOT BY LOT? DOES IT GO THAT MUCH INTO DETAIL?

NO, IT DOESN'T.

Goodman: OKAY. THANKS VERY MUCH. THANK YOU, MAYOR.

Wynn: MAYOR PRO TEM? MR. BUNCH ASKED A LEGAL QUESTION AND I THINK WE SHOULD ANSWER HIM. HE ASKED WHICH LAWYERS OR WHO HAS TOLD US THAT S.O.S. IN FACT IS NOT EXEMPT. AND I THINK WE SHOULD ANSWER HIM. ALL 13 ATTORNEYS THAT WE HIRED, INCLUDING THE ATTORNEY WHO MR. BUNCH'S FORMER CO-COUNSEL ON MANY ISSUES, MR. RENEE HICKS, WHO AT MR. BUNCH'S SUGGESTION WE HIRED. ALL 13 LAWYERS WHO HAVE SPECTACULAR LITIGATION EXPERIENCE IN THIS STATE HAVE ALL TOLD US.

WELL, I OBVIOUSLY WAS NOT INVITED INTO YOUR EXECUTIVE SESSION WHERE THAT ADVICE WAS GIVEN, AND I THINK NOW YOU VIOLATED THE ATTORNEY-CLIENT PRIVILEGE THAT YOU SHARED WITH THE REST OF YOUR COLLEAGUES AND YOUR STATEMENTS WILL CERTAINLY BE USED AGAINST THE CITY IN A COURT OF LAW. AND -- BUT BECAUSE I WASN'T THERE, I DON'T KNOW WHAT MR. HICKS TOLD YOU. I'VE HEARD DIFFERENT STORIES. OTHER FOLKS HAVE LEAKED OUT WHAT WAS SAID IN THAT ROOM, AND I'VE HEARD A DIFFERENT VERSION. NOT ABOUT MR. HICKS, BUT ABOUT OTHER LAWYERS THAT WERE IN THAT SESSION.

Mayor Garcia: THOSE THINGS HAVE BEEN DISCUSSED PUBLICLY AND MR. HICKS IS HERE, HE CAN ADDRESS THAT ISSUE RIGHT NOW.

Slusher: MAYOR, COULD I ADD SOMETHING WHILE MR. HICKS IS COMING UP, THAT THE LAWYERS THAT MR. -- I MEAN THAT COUNCILMEMBER WYNN MENTIONED, THE 13 ATTORNEYS THAT WE BROUGHT THROUGH IN 1999 INCLUDED THE ATTORNEYS WHO WON TWO LAWSUITS AGAINST DECLARED AUSTIN BASHING STATE LEGISLATION UNCONSTITUTIONAL AND BROUGHT THOUSANDS OF ACRES BACK INTO THE CITY'S JURISDICTION, INCLUDING THE ENTIRE CIRCLE C DEVELOPMENT AND 17 SO-CALLED WATER QUALITY PROTECTION ZONES UNDER WHICH A DEVELOPER THAT HAD A THOUSAND ACRES IN THE CITY'S E.T.J. COULD JUST DECLARE THEM SELLS A WATER QUALITY PROTECTION ZONE AND BE EXEMPT FROM ALL CITY WATER QUALITY REGULATIONS. THOSE WERE ATTORNEYS THAT WENT OUT AND WON THOSE LAWSUITS AND THEN GAVE ADVICE TO COUNCILMEMBER WYNN TALKED ABOUT. THEY INCLUDED NOT ONLY MR. HICKS BUT OTHER TONES THAT MR. BUNCH RECOMMENDED TO US. -- OTHER ATTORNEYS.

Mayor Garcia: CAN YOU ADDRESS THE ISSUE THAT MR. WYNN -- COUNCILMEMBER WYNN TALKED ABOUT, AND THAT'S THE ISSUE OF EMINENT DESTRUCTION OF PROPERTY, THAT PROVISION WHICH HAS BEEN DISCUSSED IN OPEN SESSION. I DON'T KNOW WHY, YOU KNOW, WE'RE TALKING ABOUT EXECUTIVE SESSION. THAT HAS BEEN EXPLAINED TO THE COUNCIL IN OPEN SESSION.

SURE. I CAN TALK ABOUT WHAT MY ANALYSIS IS OF IT IF THAT'S WHAT YOU ALL ARE ASKING.

Mayor Garcia: THAT'S RIGHT. MY BASIC ANALYSIS -- LET ME GIVE THE END ANSWER FIRST AND THEN I'LL EXPLAIN HOW I GET THERE. THAT MAY BE THE BEST WAY TO DO IT. NO, I WON'T DO IT THAT WAY. I'LL START OFF SAYING EVERYTHING IN THIS KIND OF ANALYSIS IS ON SOME KIND OF CONTINUUM. THERE'S A DEAD CERTAINTY YOU WIN A CASE, THERE'S A DEAD SENSE CERTAINTY YOU ARE GOING TO LOSE IT AND ALL SORTS OF STUFF IN BETWEEN AND THERE'S NOTHING EASE ANY LAW THAT HITS EITHER OF THOSE STREAMS. YOU...-- THOSE EXTREMES. SO ANYTHING I SAY ABOUT MY ANALYSIS I SUPPOSE SOMEBODY CAN SAY IS DEAD WRONG, BUT I'LL GIVE MY ANALYSIS OF THE EMINENT DESTRUCTION ISSUE. THE UPSHOT IS THAT I DON'T THINK THAT IT WOULD VALIDATE INVOCATION OF THE EXCEPTION THAT'S IN CHAPTER 245 IN THE SITUATION THAT WE'RE IN WITH RESPECT TO THE STRATUS AGREEMENT, WHAT IS GOING ON AT BARTON SPRINGS RIGHT NOW AND THE S.O.S. ORDINANCE. NOW I'LL SAY WHY THAT'S -- AND I HAVE TO ACTUALLY LOOK AT THE STATUTE TO PULL OUT THE EXACT LANGUAGE BECAUSE MINE IS PRETTY CLOSE READING OF THE EXACT LANGUAGE. THE EXCEPTION SAYS THAT THE RESTRICTIONS OF CHAPTER 245 ABOUT VESTING, WHICH IS ONE OF THE BIG ISSUES IN THE LEGAL ANALYSIS, DON'T APPLY FOR EXAMPLE TO REGULATIONS TO PREVENT EMINENT DESTRUCTION OF PROPERTY OR INJURY TO PERSONS. THEN IT GIVES KIND OF AN EXAMPLE ABOUT FLOOD PLAIN REGULATIONS. MY ANALYSIS OF IT IS THAT THERE CAN BE REGULATIONS THAT RELATE TO WATER QUALITY THAT MAY GO TO PREVENTING EMINENT DESTRUCTION OF EITHER PROPERTY OR EMINENT DESTRUCTION -- EMINENT INJURY TO PERSONS. THERE CAN BE SOMETHING ENACTED LIKE THAT. IT DOESN'T JUST HAVE TO HAPPEN THE DAY BEFORE THE BAD THING IS GOING TO HAPPEN, WHICH WOULD BE EMINENCE. BUT NOW WE COME DOWN WHAT DOES S.O.S. DO IN RESPECT TO THIS SITUATION. A REGULATION TO PREVENT EMINENT INJURY TO PERSONS WON'T APPLY HERE. WE DON'T HAVE ANY SITUATION WHERE THERE IS IMMINENT INJURY TO PERSONS IF SOMETHING GOES THROUGH RIGHT NOW WITH RESPECT TO DEVELOPMENT. SO THAT ISN'T THE KIND OF THING. SO THE QUESTION BECOMES -- THEN YOU GO TO THE SECOND PART OF THE REGULATION WHICH TALKS ABOUT IMMINENT DESTRUCTION OF PROPERTY. ONE OF THE PROBLEMS THAT'S BEEN USED IS THE PROBLEM WITH THE SALAMANDER THAT MS. FUTRELL WAS TALKING ABOUT WITH MS. MCCLINTOCK AND ONE OF THE ARGUMENTS THAT'S BEEN MADE, SOMETHING BAD IS HAPPENING EVERY MONTH, EVERY DAY, SOMETHING LIKE THAT WITH RESPECT TO MAYBE THE DEGRADATION OF THE WATER QUALITY, WE DON'T KNOW FOR SURE WHAT IT IS. [LAUGHTER] PARAGRAPH I'M JUST SAYING --

Mayor Garcia: [INAUDIBLE] LEGAL OPINIONS SO PLEASE ALLOW HIM TO SPEAK.

I SUSPECT IT'S THE WATER QUALITY. FOR WHAT IT'S WORTH. I'M NOT A SCIENTIST. BUT THE IMMINENT DESTRUCTION OF PROPERTY. BUT SALAMANDERS UNDER THE LAW..............NDER THE LAW, SALAMANDERS ARE NOT ANYBODY'S PROPERTY. WILD ANIMALS HAVE ALWAYS BEEN HELD TO BE FREE. NOBODY OWNS THEM. SO THE INJURY TO THE SALAMANDERS DOESN'T COUNT AS IMMINENT DESTRUCTION OF PROPERTY. SO THE QUESTION BECOMES WHAT ABOUT THE GROUND WATER, THE WATER COMING OUT OF THE SPRINGS? WELL, GROUND WATER IS PROPERTY SO I THINK IT'S FAIR TO SAY IMMINENT DESTRUCTION OF PROPERTY CAN REACH THE GROUND WATER THAT IS AFFECTED BY DEVELOPMENT. SO IT'S GETTING CLOSE TO -- COMING CLOSE TO THE QUESTION WHAT IS IMMINENT DESTRUCTION MEAN AND DOES S.O.S. APPLY TO THIS. AND MY CONCLUSION ABOUT THIS IS THAT THE VERY PURPOSE OF S.O.S. FROM ITS BEGINNING WAS TO PREVENT WHAT I WOULD CALL THE SLOW DEATH OF THE AQUIFER. NOT THE IMMINENT DEATH, TWROOS THE DEATH BY A THOUSAND CUTS, A LITTLE BIT OF THIS, A LITTLE BIT OF THAT AND IT ADDS UP TO SOMETHING REALLY BAD OVER THE LONG TERM. AND THAT S.O.S. IS KIND OF THE OPPOSITE OF SOMETHING TO PREVENT THE IMMINENT DESTRUCTION OF LET'S CALL IT THE GROUND WATER HERE. AND THE PROBLEM WITH APPLYING IT TO THIS SITUATION -- I REALLY HATE GIVING MY LEGAL ANALYSIS IN FRONT OF THE WORLD, BUT THE PROBLEM WITH APPLYING IT TO THIS VERY SITUATION IS THAT LET'S ASSUME THAT BAD THINGS WILL HAPPEN FROM THE DEVELOPMENT. BAD THINGS HAPPEN FROM ANY DEVELOPMENT. THERE IS GOING TO BE RUNOFF, INCREASED POLLUTION. EVEN WHEN S.O.S. APPLIES OR EVEN WHEN YOU HAVE SOMETHING MAYBE THE EQUIVALENT AS PEOPLE SAY THE SETTLEMENT IS. THERE'S GOING TO BE SOME ADDITIONAL POLLUTION OF THE AQUIFER FROM ANYTHING THAT HAPPENS OUT THERE. BUT THERE ARE A BUNCH OF OTHER THINGS HAPPENING THAT ARE BAD FOR THE AQUIFER TOO SFRAIMENT OTHER PLACES, AND ADDING THIS IS NOT THE THING THAT WILL IMMEDIATELY KILL THE AQUIFER, IT'S EVERYTHING TOGETHER IF IT EVER HAPPENS, WHICH WE HOPE WILL NOT HAPPEN, IT'S EVERYTHING TOGETHER THAT'S HURTING THE GROUND WATER. AND SO THIS PARTICULAR THING IS APPLYING S.O.S. HERE OR NOT PLYING S.O.S. HERE WILL NOT -- OR APPLYING IT HERE WILL NOT BRING YOU WITHIN THIS REGULATION BECAUSE S.O.S. IS INTEND TO DO GIVE US A DEATH BY A THOUSAND CUTS IDEA SHE NOT THE IMMINENT DESTRUCTION IDEA. THAT'S MY ANALYSIS, IT'S A BORING ANALYSIS, BUT THAT'S WHY I THINK IT'S A LEGALLY WEAK POSITION TO TAKE. IT'S NOT CRAZY, BUT IT'S A LEGALLY WEAK POSITION TO TAKE IN TERMS OF HAVING SOME SUCCESS, ANTICIPATING SUCCESS WITH A LAWSUIT TO SAY S.O.S. APPLIED IN THIS SITUATION IS GOING TO FALL WITHIN THIS EXCEPTION. THAT'S IT.

Mayor Garcia: THANK YOU, MR. HICKS. FURTHER QUESTIONS FROM COUNCIL?

Slusher: MAYOR, I JUST WANTED TO ADD THAT --

Mayor Garcia: BILL, YEAR NOT GOING TO HAVE A LEGAL DEBATE.

WE'VE HAD TWO-THIRDS OF IT. IF I MIGHT RESPOND.

Slusher: MAYOR, USUALLY IN COURT ONE SIDE PUTS ON THEIR EVIDENCE, THE OTHER SIDE PUTS ON THEIR EVIDENCE. I DON'T KNOW IF THAT'S EXACTLY WHAT WE HAVE. WE CERTAINLY HEARD FROM MR. BUNCH A LOT MORE THAN MR. HICKS.

DO YOU WANT TO PROTECT THE SPRINGS OR NOT?

Slusher: SEE THAT GETS TO THE HEART OF THE MATTER BECAUSE ANYBODY THAT DOESN'T AGREE WITH YOU ON ANY POINT EVEN ON THE POINT WHETHER YOU ARE OUGHT TO TALK FOR 30 MINUTES OR 40 DOESN'T WANT TO PROTECT BARTON SPRINGS -- [MULTIPLE VOICES] I CAN'T EVEN FINISH WHAT I'M SAYING.

WE LISTENED TO THE STAFF FOR TWO HOURS.

Slusher: I'LL ADDRESS THAT TOO. THAT'S SORT OF THE HEART OF THE MATTER. I THINK EVERYBODY IN THIS ROOM WANTS TO SAVE BARTON SPRINGS. SOME PEOPLE MIGHT HAVE DIFFERENT STRATEGIES OR DIFFERENT INTERPRETATION, BUT IF ANYBODY EXPRESSES ANY AGREEMENT WITH BILL IT'S LIKE DO YOU WANT TO SAVE BARTON SPRINGS AND SOME OF YOU WON'T EVEN LET A COUNCILMEMBER FINISH HIS STATEMENT WITHOUT HECK HE WILLING. LET ME -- I WANT TO POINT SOMETHING OUT. ONE OF THE REASONS -- MR. BUNCH HAS HAD A NUMBER OF YEARS TO CHALLENGE 1704. HE COULD GO SUE OVER 1704, BUT HE NEVER HAS. HE'S ALWAYS WANTED THE CITY TO DO IT. FORMER CHAIR OF S.O.S. SAID THAT SHE BEGGED BILL BUNCH TO LITIGATE. SAID THIS IN THE MEDIA BACK IN 2000 AND HE WOULDN'T DO IT. SO SHE THEN ASKED TO GET THE SCARIEST LAWYER IN TOWN TO LOOK AT 1704 AND LOOK AT SUING OVER THAT. HE CAME BACK, CAME TO THIS -- MARCH 22, 2000, CAME TO THE BOARD MEETING IN AUGUST AND RECOMMENDED AGAINST IT IN THE STRONGEST POSSIBLE WAY. SO S.O.S. IS EVIDENTLY RECEIVED SOME SIMILAR ADVICE TO WHAT WE'VE HEARD FROM 13 LAWYERS, AND THEY DIDN'T MOVE FORWARD ON IT DURING ANY OF THAT TIME. BUT INSTEAD, INSTEAD, REPEATEDLY CAME DOWN HERE AND SAID THE CITY OUGHT TO HAVE THE COURAGE TO SUE. AND WE WOULD NOT COMPROMISE THE CITY -- [APPLAUSE] -- WHY WOULD YOU ASK SOMEBODY ELSE TO SPEND THE TAXPAYERS' DOLLARS TO DO SOMETHING THAT YOU DON'T HAVE THE COURAGE TO DO YOURSELF? [MULTIPLE VOICES] [POUNDING GAVEL]

Mayor Garcia: PLEASE!

Slusher: I DID ASK A QUESTION. [LAUGHTER]. HARD TO HEAR EVERYBODY AT ONCE, THOUGH. I THINK IT'S SIGNIFICANT THAT SAME ADVICE APPARENTLY WAS RECEIVED. AND RATHER THAN JUST HOLLER AT EACH OTHER AND QUESTION WHETHER WE WANT TO PROTECT BARTON SPRINGS, I THINK IT MAKES MORE SENSE TO TRY TO FIGURE OUT THE BEST WAY TO DO IT. AND I REALLY HAVEN'T HEARD BUT TWO OR THREE FOLKS THAT HAVE SPOKEN TONIGHT OFFER ALTERNATIVES TO WHAT IS ON THE TABLE. SO I WOULD -- MAYOR, I WISH WE COULD MOVE ON. I MAY HAVE UNDERESTIMATED THE AMOUNT OF TIME MR. BUNCH HAS HAD, BUT I THINK AT LEAST 45 MINUTES AT THIS POINT, UNLESS THE COUNCILMEMBERS HAVE SOMETHING ELSE TO SAY.

Mayor Garcia: WE HAVE ABOUT 380 OTHER PEOPLE WHO HAVE SIGNED UP TO SPEAK.

MAYOR, THIS IS A PRETTY CRITICAL ISSUE. IF I COULD HAVE THREE MINUTES TO ADDRESS -- [MULTIPLE VOICES]

Mayor Garcia: HE'S ALREADY HAD THE LIMIT OF 15 MINUTES.

THERE'S TWO ITEMS. DON'T WE GET 15 MINUTES ON EACH ITEM? THERE'S ACTUALLY 15 ITEMS.

Mayor Garcia: THREE MINUTES, BILL. LET'S CLOSE IT OUT IN THREE MINUTES, PLEASE. WE HAVE A LOT OF PEOPLE THAT ARE HERE THAT WANT TO SPEAK. [APPLAUSE]

I HAVE ENORMOUS RESPECT FOR MR. HICKS. I'VE ASKED HIM TO JOIN ME AS CO-COUNSEL IN A COUPLE OF CASES AND I'VE BEEN LUCKY ENOUGH FOR HIM TO SAY YES ON AT LEAST ONE. LET ME TELL YOU WHY I THINK HE HAS TWO IMPORTANT FLAWS IN HIS ANALYSIS. HE TALKED ABOUT IT IN THIS CASE. YOU DON'T LOOK AT DOES THE REGULATION IN ONE CASE PREVENT IMMINENT DESTRUCTION OF PROPERTY OR INJURY TO PERSONS. YOU LOOK AT DOES THE REGULATION OVERALL -- IS IT INTENDED TO DO THAT. AND ABSOLUTELY IT DOES. WE'RE TALKING ABOUT MANY THOUSANDS OF ACRES, NOT JUST THIS ONE CASE. AND AS FAR AS THE DEATH OF A THOUSAND CUTS, IF YOU ARE GOING TO DIE FROM A THOUSAND CUTS, YOU ARE STILL GOING TO DIE. AND THAT DEATH IS STILL IMMINENT. OKAY? [APPLAUSE] WE KNOW THAT THERE IS RAPID GROWTH IN THIS WATERSHED. THE TREND LINES ON THE POLLUTION ARE SHOOTING THROUGH THE ROOF. AND I'M SORRY, BUT YOU CANNOT CONVINCE ME THAT THIS IS NOT IMMINENT. I WOULD ALSO POINT YOU TO THE STATUTE ITSELF. THE REST OF THE EXEMPTION -- I'M SORRY. THE REST OF THAT SENTENCE SAYS, INCLUDING REGULATIONS EFFECTIVE ONLY WITHIN A FLOOD PLAIN ESTABLISHED BY A FEDERAL FLOOD CONTROL PROGRAM AND ENACTED TO PREVENT FLOODING OF BUILDINGS INTENDED FOR PUBLIC OCCUPANCY. IF YOU GO LOOK AT THOSE FEDERAL FLOOD PROGRAMS, THEY ARE PROTECTING PROPERTY FROM A FLOOD THAT ONLY HAPPENS ONCE IN 100 YEARS. NOW, IF THAT'S THE KIND OF THREAT THAT FITS THE DEFINITION OF WHAT'S IMMINENT, THEN THE DEATH OF BARTON SPRINGS IN THE SPACE OF A BLINK OF AN EYE, ONE DECADE OR TWO, CERTAINLY THAT'S IMMINENT. [APPLAUSE] WE CALLED IT THE SAVE OUR SPRINGS ORDINANCE. IT WAS A CATCHY NAME. BUT THE TRUTH IS WE HAVE BEEN IN A CRISIS FOR SOMEBODY TO SAVE THIS RESOURCE FOR ABOUT 20 YEARS NOW. AND YOU KNOW WHAT? EVERY SINGLE COUNCIL HAS HAD AN EXCUSE WHY NOT TO DO IT. [BUZZER] [APPLAUSE]

IT'S TIME FOR ONE COUNCIL TO HAVE SOME COURAGE TO GET THE JOB DONE. [APPLAUSE] [CHEERS AND APPLAUSE]

Mayor Garcia: THE NEXT SPEAKER -- [APPLAUSE] [CHEERS AND APPLAUSE]

Mayor Garcia: THE NEXT SPEAKER IS -- [CHEERS AND APPLAUSE]

Mayor Garcia: THE NEXT SPEAKER IS MR. JIM O'REILLY AND HE HAS NINE MINUTES. HE'S NUMBER 57 AND WE HAVE 380 MORE SPEAKERS. [CHEERS AND APPLAUSE]

Mayor Garcia: BOTH FOR AND AGAINST.

THANK YOU, MR. MAYOR, MEMBERS OF COUNCIL. I HAD PREPARED SOME WRITTEN STATEMENTS, BUT JUST --

Mayor Garcia: JUST A SECOND. GIVE HIM NINE MINUTES, PLEASE.

I WILL NOT USE THAT.

Mayor Garcia: I JUST WANT TO GIVE YOU WHAT PEOPLE HAVE GIVEN YOU.

THANK YOU.

Mayor Garcia: THERE YOU ARE.

I'VE PREPARED A HANDOUT FOR THAW TALKS A LITTLE BIT -- FOR YOU THAT TALKS TO THE COMMUNICATIONS THAT MYSELF AND OTHER BOARD MEMBERS HAVE DONE WITH OUR GROUP OVER THE COURSE OF THE LAST FEW MONTHS. AGAIN, JUST AS AN EQUAL FIRE HERE, I AM PRESIDENT OF CIRCLE C HOMEOWNERS ASSOCIATION. I AM THE ELECTED PRESIDENT. EACH LOT IN CIRCLE C GETS ONE VOTE. ALL THE BOARD MEMBERS ARE ELECTED BY THE MEMBERS OF THAT ASSOCIATION. THERE ARE NO DEVELOPER APPOINTED BOARD MEMBERS THAT EXIST TODAY. PRIOR TO THE EARLY '90S THE DEVELOPER DID CONTROL THE BOARD. THOSE RIGHTS WENT AWAY BACK IN 1992. JUST A POINT OF CLARIFICATION THAT'S COME UP A COUPLE TIMES. I THINK I MAY BE THE CULPRIT BEHIND THE SECRET MEETINGS EVERYONE HAS BEEN HEARING ABOUT SO I'LL COME CLEAN ON THAT RIGHT AWAY. SEVERAL YEARS BACK WHEN THE BRADLEY SETTLEMENT TOOK PLACE IN THIS ROOM ALONG WITH THE HOMEOWNERS SETTLEMENT, IT WENT TO THE WEE HOURS. I CAME UP AFTERWARDS AND CONGRATULATED SOME OF THE COUNCILMEMBERS AS WELL AS THE THEN-MAYOR KIRK WATSON AND SAID THANK YOU VERY MUCH FOR ALL YOUR HELP AND EFFORT AND HOURS THAT YOU PUT IN ON THIS AND SUGGESTED TO THEM AT THAT POINT THAT THE MISSING PIECE FOR CIRCLE C WAS THE COMMERCIAL. AND SO IF WE COULD MOVE FORWARD AT THAT POINT, I WOULD VERY MUCH LIKE TO BE INVOLVED IN THAT PROCESS. SUBSEQUENT TO THAT, I ACTUALLY SENT A COUPLE OF E-MAILS TO THE MAYOR TRYING TO GET HIM ENGAGE UNDERSTAND THIS AND HE SUGGESTED -- ENGAGED IN THIS AND HE SUGGESTED I SPEAK TO BOW ARMSTRONG MYSELF. AT THAT POINT I DID INITIATE SOME DISCUSSIONS WITH HIM ALONG WITH DR. BRUNER FROM THE WILD FLOWER CENTER. AND THOSE SECRET MEETINGS TOOK PLACE SOMETHING ALONG THE LINES OF I WOULD LIKE TO TALK ABOUT WHAT YOU ARE GOING TO DO IN CIRCLE C WITH THE PROPERTY THAT YOU OWN OUT THERE. AND SO THAT'S WHERE IT ALL STARTED FROM. A COUPLE OTHER THINGS HERE. OVER THE COURSE OF THE LAST TWO YEARS, WE HAVE HAD NUMEROUS MEETINGS WITH HOMEOWNERS, WITH THE CITY STAFF, WHO I WOULD JUST LIKE TO COMMEND AND TOBY FUTRELL ESPECIALLY IN THIS PROCESS, EXTREMELY HELPFUL, ALWAYS THERE, PROVIDED STAFF AT AT LEAST TWO MEETINGS THAT WE DID TO OUR HOMEOWNERS, OFFERED FOR A THIRD. WE SUGGESTED THAT WE COULD HANDLE IT OURSELVES. THEY WERE VERY APPRECIATIVE BECAUSE THEY'VE BEEN AT IT EVERY SINGLE NIGHT FOR ABOUT THREE WEEKS STRAIGHT. SO AGAIN, I WOULD JUST LIKE TO GIVE THEM THE DUE THAT THEY DESERVE. A FEW OTHER THINGS. I'VE HEARD AGAIN AND AGAIN THAT STRATUS IS THE BIG BULLY IN THIS PROCESS. I MIGHT SUGGEST THAT A BULLY DOESN'T CONTINUALLY MEET WITH A VARIETY OF DIVERSE GROUPS TO TRY AND FIND SOLUTIONS THROUGHOUT THIS. CIRCLE C HOMEOWNERS ASSOCIATION HAS BEEN ACCUSED NUMEROUS TIMES HERE OF STRIKING OUR DEALS TWO YEARS AGO. WELL, I WISH THAT WAS THE CASE. IT'S REALLY NOT. I WISH IT... I WAS A BETTER NEGOTIATOR. I MIGHT NOT HAVE ALL THE APARTMENTS UP IN CIRCLE C PROPER, IF YOU WOULD. AT ONE POINT 400 OF THEM WERE GOING TO GO DOWN ON TO THE P.U.D. TRACT. I WASN'T A GOOD ENOUGH NEGOTIATOR AND THOSE GOT PUSHED UP. SO I THINK THAT NO ONE GETS EXACTLY WHAT THEY WANT IN THIS PROCESS. IT'S A GIVE AND TAKE. I THINK THAT FROM OUR PERSPECTIVE STRATUS HAS COME A LONG WAY TO MEET THE CONCERNS OF OUR NEIGHBORHOOD. I THINK THAT THEY'VE GONE A LONG WAY TO MEET THE ENVIRONMENTAL CONCERNS THAT ARE OUT THERE IN TERMS OF DENSITY, THAT KIND OF THING. I'M GLAD THAT WE ARE ABLE TO INVOLVE THE WILD FLOWER CENTER IN THE DISCUSSIONS THAT, YOU KNOW, PRIOR TO THIS I DIDN'T KNOW ANYTHING ABOUT THE LEADS PROGRAM. THEY WERE ABLE TO CONVINCE STRATUS TO GO WITH A NATIVE PLANT PALLET FOR THE BUILDINGS THERE. THEY WERE VERY CONCERNED ABOUT BUILDING ENVELOPES AND THOSE KIND OF THINGS. THINGS THAT I DON'T HAVE THE EXPERTISE IN. A FEW OTHER THINGS HERE IN TERMS OF THE WAY THAT CIRCLE C HAS ATTEMPTED TO EMBRACE CITY POLITICS. I THINK IT WAS COUNCILMEMBER SLUSHER WHO ASKED US NOW THAT WE WERE IN THE CITY AFTER ANNEXATION IF WE COULD TRY AND BE GOOD STEWARDS BECAUSE WE WERE OVER THE AQUIFER. AND I THINK WE'VE TRIED TO DEMONSTRATE THAT AND DO A GOOD JOB AT THAT. I CAN'T REMEMBER THE NAME EXACTLY, BUT -- AND PERHAPS IT WAS ANOTHER SECRET MEETING THAT TOOK PLACE AT THE WILD FLOWER CENTER. I KNOW THAT YOU WERE THERE, COUNCILMAN, THE GREEN BUILDING PROGRAM, THERE WERE 60 OR SO PEOPLE THERE. WE PARTICIPATED, WE HAD OUR LANDSCAPE PEOPLE OUT AT CIRCLE C PARTICIPATE IN THAT. SO AGAIN, WE HAVE TRIED TO COME INTO THE FOLD NOW THAT WE ARE IN THE CITY, WORK WITH THE PROCESS AND I WOULD JUST LIKE THE SAY THAT IT'S WORKED WELL FOR US. HAD A LOT OF DIALOGUE WITH THE CITY MANAGER'S OFFICE AND STAFF. IT HAS COME UP BEFORE ABOUT NEIGHBORHOOD PLANNING PROCESS. THAT CAME UP IN THE DISCUSSION WITH THE CITY MANAGER AND SEVERAL ATTORNEYS, AND IN FACT WE HAD WRITTEN A LETTER ABOUT THAT AND SHE SUGGESTED AT THAT POINT THAT THE PROGRESS THAT WAS BEING MADE AND THE ISSUES THAT WERE BEING ADDRESSED THROUGH THIS STAKEHOLDER PROCESS WAS VERY SIMILAR TO THIS AND WE SHOULD KEEP DOWN THIS TRACT, SO WE DID JUST THAT. AGAIN, THE HOUR IS LATE. I APPRECIATE VERY MUCH WHAT YOU DO FOR THE CITY. IT'S A THANKLESS JOB, AND I WOULD LIKE TO ASK FOR YOUR SUPPORT IN ENDORSING THIS. THANK YOU.

Mayor Garcia: THANK YOU VERY MUCH.

[APPLAUSE]

[ONE MOMEMT, PLEASE, FOR CHANGE IN CAPTIONERS]

Mayor Garcia: BEFORE YOU START, LET ME READ INTO THE RECORD THAT CAMERON CUMMINGS DONATED TIME TO BILL BUNCH AND IS REGISTERED AGAINST. CAMERON NELSON IS NOT WISHING TO SPEAK AND REGISTERED AGAINST. ROBERT McARTHUR, IS HE HERE? HE'S REGISTERED AGAINST. SHARON ARDEMANI IS REGISTERED TO SPEAK, AGAINST. ROBIN CREAF, WHO WAS HERE, BUT I DON'T SEE HIM NOW. AND ANGELA YOUNG DOES NOT WISH TO SPEAK AND IS NEUTRAL. JAMES COLETTE, IS HE HERE? HE'S REGISTERED AGAINST. JIM BENNETT DOES NOT WISH TO SPEAK, IS REGISTERED AGAINST. JOHN BARKLEY GAVE HIS TIME IS BILL BUNCH. AND HE DOES NOT WISH TO SPEAK, IS REGISTERED AGAINST. MARION MOTUK IS REGISTERED AGAINST. PAUL MULLINS, IS HE HERE? HE'S REGISTERED AGAINST. JANET BENNETT DOES NOT WISH TO SPEAK, IS REGISTERED AGAINST. DEBRA HOLLINGS HEAD, IS SHE HERE? REGISTERED AGAINST. SHE GAVE HER TIME TO BILL BUNCH. RUTH METERS IS REGISTERED AGAINST. JAMIE WALL, YOU'RE NEXT. WELCOME.

THANK YOU, COUNCILMEMBERS. I'M HERE REPRESENTING THE LONE STAR CHAPTER OF THE SIERRA CLUB, THE STATE CHAPTER. WE'RE HERE WITH THE AUSTIN GROUP WHO IS OPPOSED TO BOTH THE ZONING UPGRADES AND ALSO THE SETTLEMENT DEAL. WE HAVE ABOUT FIVE THOUSAND MEMBERS HERE IN AUSTIN. I THINK STARTING WITH THE ZONING CHANGES, THIS IS SOMETHING REALLY EASY THAT THE CITY CAN DO THAT'S VERY LEGALLY DEFENSIBLE THAT WOULD MAKE A HUGE IMPACT. NEAL SAID EARLIER THAT HE SPENT HIS ALMOST FULL ADULT LIFE BY FREEPORT MCMORAN, AND I KIND OF FEEL THE SAME WAY. AND I KNOW THERE'S PROBABLY HUNDREDS OF PEOPLE HERE IN THE CITY THAT HAVE SPENT HUGE CHUNKS OF THEIR ENTIRE ADULT LIVES CITING THIS COMPANY AND ITS MANY MANIFESTATIONS. WORKING TO NOT ONLY FIGHT THE COMPANY, BUT PROTECT THE SPRINGS AND PROTECT THE AQUIFER THAT FEEDS THE SPRINGS AND THE VERY SPECIAL SACRED PLACES IN THE CITY, THE PLACES THAT MAKE ME WANT TO STAY THERE AND NOT MOVE SOMEPLACE ELSE AND THERE ARE BRINGING PEOPLE TO THIS CITY. WHAT A LOT OF PEOPLE WHO HAVE LIVED HERE OVER THE YEARS ARE FEELING RIGHT NOW IS JUST BITTER, BITTER DISAPPOINTMENT THAT WE'VE WORKED SO HARD TO ELECT COUNCILS TO DEFEND THE SPRINGS AND TO DEFEND US AT LAST, AND IT'S JUST DEPRESSING AND DISAPPOINTING THAT THAT MIGHT NOT HAPPEN. AND I'VE WORKED WITH COMMUNITIES ALL OVER THE STATE. THAT'S MY JOB, HELPING COMMUNITIES FIGHT POLLUTERS AND FIGHT DEVELOPMENT. AND I'VE SEEN COMMUNITIES WITH MUCH LESS -- MUCH FEWER LEGAL OPTIONS, LEGAL TOOLS, POLITICAL POWER AND POPULAR MANDATES THAN THE CITY OF AUSTIN HAS, FACED CHALLENGES, FACED OPEN..... OPPONENTS THAT LOOKED IMPOSSIBLE TO BEAT, AND BEAT THEM BECAUSE THEY AT LEAST TRIED. EVEN THOUGH THE LEGAL STRATEGIES THAT WE'RE TALKING ABOUT TONIGHT MIGHT NOT BE 100% GUARANTEE, I IMPLORE YOU TO AT LEAST TRY EVERYTHING WE CAN. [ APPLAUSE ] YOU JUST NEVER KNOW WHAT CAN HAPPEN IN THE TIME FRAME THAT IT TAKES TO TRY EVERYTHING. AND SOMETIMES EVEN WHEN IT LOOKS IMPOSSIBLE, YOU CAN WIN. SO I ENCOURAGE YOU TO TRY. THANKS. [ CHEERS AND APPLAUSE ].

Mayor Garcia: FOLLOWING MS. WALL IS ERIC OVERSHOCK, WHO DOES NOT WISH TO SPEAK, IS REGISTERED AGAINST. AND JEANNIE SORENSON, IS SHE HERE?

[ INAUDIBLE ]

Mayor Garcia: I CAN'T HEAR WHAT YOU SAID.

[ INAUDIBLE ].

Mayor Garcia: WHERE WERE YOU WHEN I CALLED YOU?

RIGHT THERE. I SAT THERE ON FRONT ROW WHEN YOU CALLED ME.

Mayor Garcia: WELL, YOU CAN SPEAK AFTER SHE FINISHES.

MAYOR GARCIA AND THE COUNCILMEMBERS, I'M JAMIE WALL AND I'M CO-PRESIDENT OF THE APALOOSA RUN HOMEOWNERS ASSOCIATION. NINE MONTHS AGO I NEVER WOULD HAVE IMAGINED THAT I'D BE SPEAKING HERE IN SUPPORT OF THE SETTLEMENT WITH THE STRATUS AND THE CITY OF AUSTIN, BUT I AM. AND IT'S DUE TO THE STAKEHOLDER PROCESS THAT HAS ALLOWED THE DIFFERENT PARTIES TO HAVE INPUT INTO THIS FINAL PRODUCT. OUR NEIGHBORHOOD IS DIRECTLY ACROSS FROM THE PROPOSED BEAR LAKE P.U.D., AND WE HAVE LOTS THAT ARE TWO ACRES AND MORE. AND OBVIOUSLY WE WOULD HAVE LIKED TO HAVE HAD THIS PROPERTY STAY RURAL RESIDENTIAL, BUT THAT'S NOT REALISTIC. STRATUS HAS LISTENED TO OUR CONCERNS ON TRAFFIC SAFETY AND DENSITY, AND THEY'VE RESPONDED WITH A PROCESS MUCH MORE ACCEPTABLE THAN WHAT ORIGINALLY WAS PROPOSED. SO WE APPRECIATE THE TIME THAT THE CITY OF AUSTIN STAFF, STRATUS, THE ENVIRONMENTAL LEADERS AND OTHER NEIGHBORHOOD GROUPS HAVE INVESTED IN ORDER TO COME UP WITH THE COMPROMISE AGREEMENT WHICH WE DO SUPPORT. THANK YOU.

Mayor Garcia: THANK YOU, MS. WALL. THOSE OF YOU THAT I CALLED EARLIER THAT DIDN'T SPEAK, IF YOU COULD LINE UP AT THIS OTHER -- AND IF YOU COULD INTRODUCE YOURSELVES SO THE RECORD WILL REFLECT WHO YOU ARE. SOME OF YOU CAN GET ON THIS SIDE TOO IF YOU WANT TO. YES, SIR, GO AHEAD.

ROBERT CORBIN. AND I CALL THIS LOOKING AT THE BIG PICTURE.

Mayor Garcia: CAN YOU BRING THE MIC DOWN?

YEAH. I CALL MY PRESENTATION LOOKING AT THE BIG PICTURE. AND I AM PRESENTING MYSELF AS A STAKEHOLDER WHO WAS NOT CONSULTED AND IN FACT, I BELIEVE I AM ONLY ONE OF HUNDREDS OF THOUSANDS OF INDIVIDUAL STAKEHOLDERS AND CORPORATE STAKEHOLDERS WHO WERE NOT CONSULTED ABOUT THIS PROCESS. NOW, I LIVE IN THE INNER CITY AND SO HOW COULD I BE A POTENTIAL STAKEHOLDER CONCERNING THE STRATUS DEAL THAT'S SEVERAL MIERLZ AWAY? MY ANSWER IS SIMPLE, THE CHAMBER OF COMMERCE USES BARTON SPRINGS POOL ON ITS WEBSITE AS SHOWING SOME OF THE ATTRACTIONS OF AUSTIN. AND USING IT AS A SELLING POINT TO RECRUIT NEW BUSINESS TO AUSTIN. HUNDREDS OF INDIVIDUAL BUSINESSES DO THE SAME THING, BOTH LOCAL AND NATIONAL. THEY USE BARTON SPRINGS POOL AS A SELLING POINT, HOW WONDERFUL THE QUALITY OF LIFE IS HERE IN AUSTIN. AND THEY KNOW EVERYBODY EVERYWHERE THESE DAYS WANTS HIGH QUALITY OF LIFE AND ARE LIKELY TO BE ATTRACTED TO CITIES WHERE THEY HAVE HIGH QUALITY OF LIFE. SO IF BARTON SPRINGS IS DEGRADED AND AUSTIN'S QUALITY OF LIFE IS COMPROMISED, NEGATIVELY AFFECTED, EVERY PROPERTY IN AUSTIN IS NEGATIVELY AFFECTED. THAT MEANS PROPERTY VALUES ARE GOING TO DROP. SO SINCE I OWN PROPERTY IN THE INNER CITY, I COULD SAY THAT MY PROPERTY WOULD DROP PERHAPS AS MUCH AS 10 PERCENT IF SOMETHING HAPPENS TO BARTON SPRINGS POOL. AND I THINK THAT GOES FOR EVERY OTHER PROPERTY AROUND THE CITY AND BUSINESSES ALSO. SO WHATEVER HAPPENS OUT OVER THE AQUIFER THAT DID HE GRADES AUSTIN'S QUALITY OF LIFE ALSO DEGRADES THE FINANCIAL QUALITY OF LIFE IN AUSTIN. IF ALL PROPERTY VALUES DROP, EVERYBODY IS ROBBED. EVERYBODY'S A STAKEHOLDER. AND THEY HAVE NOT REALLY BEEN CONSULTED ABOUT THE ACTUAL POSSIBILITIES THAT WHAT IS GOING ON OUT OVER THE AQUIFER COULD ACTUALLY DEGRADE THEIR FINANCIAL PORTFOLIO IN A SENSE. SO I'M ASKING YOU TO PROTECT MY PROPERTY VALUES AND THE PROPERTY VALUES OF EVERYBODY HERE IN AUSTIN AND DO NOT BE A PARTY TO A TAKING PROCESS WHERE PROPERTY VALUES ARE ROBBED IN THE INNER CITY TO GIVE A BONUS TO SOMEBODY WHO LIVES WAY OUT OVER THE AQUIFER. THANK YOU. [ APPLAUSE ]

HI, MY NAME IS MARION AND I HAVE A CONCERN, TOO, ABOUT BEING A STAKEHOLDER WHO WASN'T CONSULTED. I SWIM IN BARTON SPRINGS POOL. AND WHAT I GET TO SWIM WITH NOW ON SUMMER AFTERNOONS IS ALGAE BLOOMS AND TOXIC HEAVY METALS. I MISS THE SALAMANDERS. I'D RATHER BE SWIMMING WITH THE SALAMANDERS. AND DEVELOPMENT AT THE LEVELS THAT WE'RE TALKING ABOUT IS REALLY NOT GOING TO INCREASE THE DENSITY OF SALAMANDERS IN A POOL IN MY OPINION. IT'S GOING TO INCREASE THE DENSITY OF TOXIC METALS IN THE POOL. THE CLUSTERING OF THE IMPERVIOUS COVER IS GOING TO ALSO CREATE HIGHER RUNOFF LEVELS FOR GAS AND OIL FROM THE RUNOFFS FROM THE TRAFFIC. AND THAT'S GOING TO FIND ITS WAY INTO THE BARTON SPRINGS POOL AS WELL AS THE PESTICIDES AND THE FERTILIZERS FROM ALL THE NEW BUILDINGS. IT CONCERNS ME GREATLY THAT THERE'S NO THIRD PARTY OVERSIGHT FOR THIS AGREEMENT. IT CONCERNS ME GREATLY THAT THERE'S A GAS STATION RIGHT OVER THE AQUIFER. IT CONCERNS ME THAT WE'RE WILLING TO GIVE $15 MILLION TO STRATUS, AKA, FREEPORT MCMORAN, AND WE COULD SPEND THAT $15 MILLION USING IT FOR A LEGAL FUND TO FIGHT THEM. [ CHEERS AND APPLAUSE ]. THANK YOU,.

Mayor Garcia: THANK YOU, VERY MUCH. THE NEXT SPEAKER THAT WAS CALLED OUT, COULD YOU IDENTIFY YOURSELF, SIR.

YES, MAYOR GARCIA, MY NAME IS JOHN LARKIN AND I'M THE PRESIDENT OF THE CHERRY CREEK ON BRODIE NEIGHBORHOOD ASSOCIATION. I'M ALSO AN ASSOCIATE MEMBER OF THE SOUTHWEST AUSTIN NEIGHBORHOOD COALITION REPRESENTING ROUGHLY NINE THOUSAND HOMES. I WANTED TO SAY THAT WE ARE UNANIMOUS IN OUR OPPOSITION TO THE BILL THAT'S CURRENTLY STRUCTURED. WE THINK IT'S COME A LONG WAY. WE THINK IT'S GETTING PRETTY CLOSE AND WE'VE GOT SOME PRETTY SHARP PEOPLE TRYING TO GET IT TO WHERE WE THINK IT NEEDS TO BE. BUT THERE ARE MANY REASONS THE CITIZENRY WE REPRESENT ARE AGAINST THE DEAL, BUT OUR CORE CONCERNS ARE THE FOLLOWING FOUR: ONE, WE'VE GOT DEVELOPMENT DRIVING PLANNING RATHER THAN A COMPREHENSIVE NEIGHBORHOOD PLAN GUIDING DEVELOPMENT. [ APPLAUSE ] THIS IS A VERY IMPORTANT ISSUE TO US SINCE THE ONLY COMPREHENSIVE PLAN THAT WAS EVER ENACTED THAT WOULD GOVERN OUR NECK OF THE WOODS WAS THE AUSTIN TOMORROW PLAN OF 1979. AND THAT'S NOT A TOOL THAT'S USED AT ZONING AND PLATTING CURRENTLY. SO THAT CONCERNS US. THAT'S POINT NUMBER ONE. NUMBER TWO IS THIS DEAL ALLOWS FOR THE WAIVING OF A SIDE BY SIDE TRAFFIC IMPACT ANALYSIS. AND ON FACE VALUE WHEN YOU HEAR THAT THE CITY AND STRATUS REPRESENTATIVES HAVE HIRED COMPANIES LIKE GRAHAM DATA TO DO TRAFFIC COUNTING AND THEY SAID HEY, IT'S NOT GOING TO BE SO BAD AND THEY CITE THE STATISTIC LIKE ONE MILLION SQUARE FEET OF OFFICE SPACE AT THE INTERSECTION OF SH 45 AND SOUTH MOPAC WILL ONLY JPB RATE TWO THOUSAND TRIPS PER DAY ON SOUTH MOPAC, WE'VE GOT TO SAY THAT THAT'S KIND OF LUDICROUS. THERE'S NO WAY THAT A MILLION SQUARE FEET OF OFFICE SPACE ONLY GENERATES TWO THOUSAND TRIPS PER DAY ON SOUTH MOPAC, BUT TERRY MCMANUS WILL GIVE YOU THAT STATISTIC IF YOU ASK HER. SO THAT JUST CRIES OUT THE NEED FOR A SIDE BY SIDE TRAFFIC IMPACT ANALYSIS SO WE CAN REALLY FIND WHAT THE IMPACT ON OUR INFRASTRUCTURE THAT'S ALREADY OVERBURDENED IS GOING TO BE. THAT'S ONE OF OUR MAJOR CONCERNS. WE'VE GOT ONE ENTRANCE OUT OF OUR NEIGHBORHOOD AND WE HAVE A HARD TIME GETTING ON A STREET. AND WE DON'T SEE THE CITY SETTING ASIDE ANY FUND TO PURCHASE KIND OF WAY TO FIX THAT PROBLEM. SO THAT'S NUMBER TWO. THREE, MAYBE WE COULD USE SOME OF THE $16 MILLION IN DEVELOPMENT SUBSIDIES THE CITY IS GOING TO USE ON THIS WHEN THEY COULD, YOU KNOW, MAYBE CUT BACK A FEW LESS SERVICES, LIKE LIBRARIES AND SOCIAL SERVICES AROUND TOWN -- [ APPLAUSE ] AND THAT'S A MAJOR POINT TOO. MY WIFE DONATED HER THREE MINUTES TO ME. [ BUZZER SOUNDS ] SO THE FOURTH POINT AND PROBABLY THE OVERRIDING.

Mayor Garcia: IS SHE HERE?

NO, SHE'S GONE HOME WITH THE BABY ALREADY.

Mayor Garcia: IF THEY'RE NOT HERE, THEY CANNOT GIVE YOU TIME.

THEY CAN'T?

MAYOR GARCIA: NO, THAT'S THE RULES THAT WE HAVE.

I'VE GOT THREE MINUTES COMING FROM OVER HERE. IS THAT FINE WITH YOU?

Mayor Garcia: DID YOU SIGN UP TO SPEAK? WHAT WAS YOUR NAME?

[ INAUDIBLE ]

Mayor Garcia: GO AHEAD.

THANK YOU VERY MUCH, MAYOR. THE FOURTH POINT AND OUR FOURTH MAJOR CONCERN, AND THIS IS THE ONE THAT WE WOULD REALLY LIKE YOU TO TAKE A LONG, HARD LOOK AT, IS THE PRECEDENT, THE PROPOSED VARIANCE TO S.O.S. PER PET TWAITS. IT VAI INDICATES A VOTER INITIATED AND OVERWHELINGLY APPROVED ORDINANCE. THE SAVE OUR SPRINGS ORDINANCE, WE BELIEVE THIS IS UNNECESSARY AND ENCOURAGES FUTURE CHALLENGES TO OUR MUNICIPALITIES RIGHT TO GOVERN. I WAS REALLY AMAZED TO LEARN WHEN BETTY BAKER CALLED ME AND ASKED ME TO SERVE ON THE ZONING AND PLATTING SPECIAL TASKFORCE ON THIS ISSUE, I WAS REALLY AMAZED TO LEARN WHEN I TALKED WITH FOLKS LIKE NANCY McCLINTOCK THAT THIS WASN'T THE FIRST TIME THAT WE CUT A DEAL LIKE THIS. THAT ACTUALLY WE'VE BEEN SETTING ASIDE THE S.O.S. ORDINANCE FOR QUITE AWHILE. AND AS A PERSON WHO POET VOETED FOR SOAS MANY YEARS AGO, I WAS PRETTY SHOCKED TO HEAR THAT BECAUSE I THOUGHT VOTER INITIATED ORDINANCES IF THEY WERE GOING TO BE AUTHORED REALLY HAD TO GO UP FOR REREN DUMB TO BE ALTERED. SO SINCE I HADN'T HEARD ANYTHING ABOUT THAT, I WAS PRETTY SURPRISED AND OUR NEIGHBORHOOD WAS INTERPRET ITY SURPRISED. ONE OF THE THINGS YOU'RE GOING TO FIND AND YOU PROBABLY HAVE WITNESSED IS IF YOU LOOK AT ARTICLES IN THE AUSTIN BUSINESS JOURNAL OR THE "AUSTIN AMERICAN-STATESMAN" THAT HAVE BEEN COMING OUT SINCE ROUGHLY THE FIRST OF MAY ON THESE ISSUES, IT'S PRETTY MUCH THE WAY EVERYTHING THAT'S POSITIONED IS THE CITY WORKING WITH STRATUS TO REACH A COMPROMISE THAT BEST SERVES THE CITIZENRY OF AUSTIN BEING THROWN BY SOME SALAMANDER LOVERS. WHAT THEY'RE FORGETTING IS THE NINE THOUSAND HOMES THAT GROUPS LIKE MINE REPRESENTATIVE. WE'RE MAINSTREAM -- [ APPLAUSE ] -- MODERATE FOLKS. AND WE'RE NOT AGAINST STRATUS' RIGHT TO DEVELOP. WE THINK THEY'VE COME A LONG WAY. WE THINK THEY'VE GOT A LITTLE BIT FURTHER TO GO. AND WE THINK WHEN YOU'RE TALKING ABOUT THIS -- AND MY LAST SMAI SMAIL TO THE COUNCIL IN RESPONSE TO A RETURNED REPLAY FROM BETTY DUNKERLEY, THANK YOU VERY MUCH, YOU WERE THE ONLY ONE I GOT A RESPONSE FROM, I MADE THE POINT THAT THE CITY IS LOOKING AT THE WORST CASE SCENARIO WHEN THEY LOOK AT DEVELOPMENT ACCORDING TO THE '84 AND THE '93 LAND USE PLANS THAT THESE ADVOCACY WILLINGLY ENTERED INTO AT THE TIME, WILLINGLY ENTERED INTO AT THE TIME AND AGREED TO BE GOVERNED BY OUR ORDINANCES AND RULES AT SUCH TIME AS THEY WERE ANNEXED BY THE CITY OF AUSTIN. IN RETURN THEY GOT TO PROFIT FROM AN INVESTMENT IN SOME FARMLAND WAY OUT IN THE STICKS THAT DOESN'T HAVE ANY INFRASTRUCTURE. THAT WOULDN'T......... WOULDN'T BE FORTH A 10.. 10th OF WHAT IT'S WORTH RIGHT NOW. [ BUZZER SOUNDS ] SO WE WANT YOU TO LOOK AT THE LOWEST YOU COULD GIVE THEM UNDER THOSE REGULATIONS AND START BARGAINING FROM THAT PRICE POINT. DON'T START FROM THE WORST CASE AND COME BACK A LITTLE. START FROM THE BEST CASE AND SAY HEY, WE'RE WILLING TO WORK WITH YOU A LITTLE TO HELP YOU OUT IN THESE TRYING TIMES. THANK YOU. [ APPLAUSE ]

Mayor Garcia: GENERAL ANY SORENSON? GIVE ME YOUR NAME.

MY NAME IS DONNA TIEMENS. I'M A VOTING MEMBER OF BARTON SPRINGS ASSOCIATION AND THE CHAIR OF OUR NEIGHBORHOOD ASSOCIATION IN BARTON VIEW. I APPRECIATE THE LONG HOURS AND HARD WORK THAT HAVE BEEN INVESTED IN THIS NEGOTIATED DEAL WITH STRATUS DEVELOPERS AND THEIR ATTORNEYS BY MANY OF OUR CITY STAFF. AND MEMBERS FROM SOME OF OUR ENVIRONMENTAL COMMUNITY. SOME OF WHOM I KNOW AT WORKING AT SAVE BARTON CREEK ASSOCIATION ON THE LONGHORN PIPELINE ISSUE AND THE HE BRODIE TRACT THAT BROUGHT TO PROPERTY ALONG BARTON CREEK THAT IS CURRENTLY UNDER CONSIDERATION FOR LIMITED DEVELOPMENT. HAVING SAID THIS, I CONTINUE TO HAVE CONCERNS ABOUT THE DEAL THAT HAS BEEN BROKERED. I BELIEVE THERE ARE MANY QUESTIONS AND ISSUES THAT ARE STILL LEFT TO BE RESOLVED, AND IF APPROVED, I FEEL YOU'RE REMOVING THE LEVERAGE OUR CITY STAFF AND THE ENVIRONMENTAL COMMUNITY HAVE TO NEGOTIATE BETTER CONDITIONS. I'M CONCERNED THAT MANY OF THE NEIGHBORHOODS THAT THIS PROPOSED DEVELOPMENT ABUTS WERE NOT CONTACTED UNTIL VERY LATE IN THE PROCESS, IF AT ALL. I RESPECTFULLY DISAGREE WITH INTERPRETATIONS OF THE DEAL AS BEING S.O.S. COMPLIANT. SPECIFICALLY IN REGARDS TO IMPERVIOUS COVER LIMITS. THE S.O.S. ORDINANCE SPECIFICALLY PROVIDES THAT DEVELOPMENT MUST BE DESIGNED, CARRIED OUT AND MAINTAINED ON A SITE BY SITE BASIS TO MEET THE POLLUTION PREVENTION REQUIREMENTS OF THE ORDINANCE. THE DEAL WITH STRATUS DEVELOPERS SIMPLY DOES NOT MEET THIS AND IS THEREFORE NOT IN COMPLIANCE WITH S.O.S. AT LEAST IF THE CITY IS GOING TO ALLOW FOR TRANSFER OF IMPERVIOUS COVER TO OCCUR, IT SHOULD ONLY OCCUR IN TRANSFERRING AREAS FROM A MORE ENVIRONMENTALLY SENSITIVE TRACT TO ONE THAT IS NOT ENVIRONMENTALLY SENSITIVE, SPECIFICALLY IN THE RECHARGE ZONE. INSTEAD THE STRATUS DEAL TAKES IMPERVIOUS COVER AREA FROM TRACTS IN THE CONTRIBUTING ZONE AND TRANSFERS THIS TO TRACTS IN THE RECHARGE ZONE OR THE MOST ENVIRONMENTALLY SENSITIVE TRACTS. THIS ENABLES THE DENSIST DEVELOPMENT TO OCCUR IN OUR MOST SENSITIVE AREAS, WHICH BRINGS ME TO WHAT THESE IMPERVIOUS LEVELS HAVE EVOLVED TO. AND THESE MAY BE A LITTLE BIT OFF. I UNDERSTAND THAT YOU HAVE NOALGHTED SOME OF THESE DOWN A LITTLE BIT LOWER. ON TRACT 106, 28%. TRACT 107 IS AT 43%. THIS SHOULD BE COMPLETELY UNACCEPTABLE. THESE TRACTS ARE LOCATED AT THE ALREADY CONGESTED INTERSECTION OF SLAUGHTER LANE AND MOPAC. TRACTS 101, 103 AND 114 ARE AT 23% EACH AND TRACT 115 IS AT 25% IMPERVIOUS AREA. ONCE AGAIN, I DO NOT BELIEVE THIS MEETS S.O.S. COMPLIANCE, AND IF THIS METHOD OF TRANSFERRING HAS BEEN USED ON OTHER TRACTS AS WAS INDICATED BY... BYE-BYE ONE OF OUR CITY STAFF, THEN I WOULD HAVE TO CONCLUDE THAT OUR CITY STAFF IS NOT TAKING THE CITIZENS' WILL WHO.... CREATED THE S.O.S. ORDINANCE WITH SERIOUSNESS OR RESPECT. ANOTHER CONCERN IF WE LOOK AT THIS DEVELOPMENT ON A TRACT BY TRACT BASIS, MANY OF THE MOST DENSELY PROPOSED DEVELOPMENTS OCCUR ALONG LONGHORN PIPELINE, A 50-YEAR-OLD DORMANT OIL PIPELINE THAT OUR CITY, THE SAVE BARTON CREEK ASSOCIATION HAVE BEEN FIGHTING TO STOP AS EXXON MOBILE AND WILLIAMS ENERGY PROCEED TO CONVERT THIS OF FUEL UNDER PRESSURE OVER OUR AQUIFER. WHAT THIS MEANS IS THAT YOU AS A COUNCIL WOULD BE APPROVING DENSE DEVELOPMENT FOR RETAIL AND HOUSING ALONG THE PIPELINE. HOUSING ALONG THE PIPELINE GOES TO THE VERY CORE OF OUR ARGUMENT OF ITS SAFETY AND PROXIMITY TO ELEMENTARY SCHOOLS AND HOMES. THERE STILL IS NO COMPREHENSIVE EVACUATION PLAN IN PLACE FOR THE POPULATIONS IN EXISTING NEIGHBORHOODS, MUCH LESS NEW ONES THAT YOU WOULD BE ALLOWING IF YOU APPROVED THIS DEAL.

Mayor Garcia: MA'AM, YOU'RE A MINUTE OVER YOUR TIME.

[ INAUDIBLE ].

I JUST HAD THREE MORE PARAGRAPHS, AND THEY'RE SHORT.

Mayor Garcia: OKAY.

THANK YOU. I WOULD ASK --

Mayor Garcia: WHAT WAS YOUR NAME, SIR?

[ INAUDIBLE ].

I WOULD ASK YOU TO CONSIDER NOT TO REWARD DEVELOPERS TO PURCHASE PROPERTY IN ENVIRONMENTALLY SENSITIVE AREAS EXPECTING TO BUILD AS IF THEY WERE DEVELOPING IN HOUSTON. AUSTIN AND CENTRAL TEXAS ARE ENVIRONMENTALLY UNIQUE AND WE WILL CONTINUE TO DRAW MORE PEOPLE TO THIS AREA. OUR WATER RESOURCES ARE ALREADY STRESSED AND EVEN THOSE IN OUTLYING COUNTIES ARE AWAKENING TO THIS REALIZATION. THIS DEVELOPMENT WILL SET A DANGEROUS PRECEDENT FOR EVEN MORE OMINOUS DEVELOPMENTS BEING PROPOSED FURTHER OUT OVER THE WATERSHED. AND I WOULD ADVICE ALL OF YOU HERE TONIGHT SPEAKING BEFORE THE COUNCIL OF THIS FACT. I WOULD ASK YOU TO SEND THIS PROPOSAL -- THIS PROPOSED DEAL BACK FOR FURTHER NEGOTIATION TO ADDRESS THE CONCERNS BROUGHT TO YOU BY MYSELF AND ALL THE OTHERS IN ATTENDANCE THIS EVENING. THANK YOU. [ APPLAUSE ]

Mayor Garcia: DENISE SORENSON -- JEANNIE SORENSON IS REGISTERED IN FAVOR OF. RAFAEL, IS HE HERE? HE DOES NOT WISH TO SPEAK, IS REGISTERED AGAINST. ROBERT -- BARBARA ANDERSON? BARBARA ANDERSON? REGISTERED AGAINST. EVAN SCULLY? HE GAVE TIME TO MR. BILL BUNCH. OKAY. REGISTERED AGAINST. REED MURRAY, REGISTERED AGAINST. STEVE PRAYEDER, REGISTERED AGAINST. JIM WALKER, HE GAVE HIS TIME TO AMY RUPP. ROBERT McARTHUR, REGISTERED AGAINST. EARL HALL? IN FAVOR OF, DOES NOT WISH TO SPEAK. ALBERT CORTEZ DOES NOT WISH TO SPEAK AND REGISTERED AGAINST. RON SPENCER, REGISTERED AGAINST. DAVID HELPNER DOES NOT WISH TO SPEAK, REGISTERED AGAINST. AND JIM WALKER WROTE SOMETHING THAT I DIDN'T READ. WILL RECOGNIZE AND APPLAUD THE EFFORTS TO DATE, ESPECIALLY THE AMENDMENTS MADE TO NEIGHBORHOODS ALONG 1826, BUT THERE REMAINS A NEED FOR BIGGER PICTURE PLANNING BEFORE SUCH DEALS ARE FINALIZED. THAT'S MR. JIM WALKER. JAMES ANDERSON FERGUSON, REGISTERED AGAINST. PAULA WYNN GAVE HER TIME TO BILL BUNCH, DOES NOT WISH TO SPEAK, IS REGISTERED AGAINST. KEN HAYS GAVE TIME TO BILL BUNCH, IS REGISTERED AGAINST. STEVE ODOM GAVE HIS TIME TO BILL BUNCH, REGISTERED AINST. TROY LANIER, REGISTERED AGAINST. TOM HEARD DOES NOT WISH TO SPEAK, REGISTERED AGAINST. RUSTY'S.. OSBORNE, REGISTERED AGAINST. STEVEN BELL.

[ INAUDIBLE ].

Mayor Garcia: THANK YOU.

[ INAUDIBLE ].

Mayor Garcia: YOU KNOW THE RULES, BILL.

[ INAUDIBLE ].

Mayor Garcia: LET ME GO THROUGH THIS LIST, OKAY? I'LL PUT HIS CARD ASIDE. MIA THOMAS IS REGISTERED AGAINST. YOU'RE HERE? OKAY. YOU'RE UP. OLIVER HAS TIME. HE HAS NINE MINUTES TO SPEAK. [ LAUGHTER ] AS SOON AS I GET TO HIS CARD.

I'LL GIVE HIM MY TIME.

Mayor Garcia: OKAY. LYNDON FLEPDZ, DO YOU WANT TO SPEAK? ARE YOU GOING TO SPEAK FOR MR. PHELPS? HE'S GIVING YOU HIS TIME. GIVE ME -- GIVE ME YOUR NAME. MR. PHELPS HAS GIVEN YOU HIS THREE MINUTES, SO GO AHEAD AND SPEAK. [ LAUGHTER ] HE'S ALREADY GIVEN HIM HIS TIME, SO YOU DON'T HAVE TO DO THAT. YES, SIR. GO AHEAD.

I DON'T WANT TO --

[ INAUDIBLE ].

Mayor Garcia: ARE YOU GOING TO SPEAK OR NOT?

YES.

Mayor Garcia: YOU HAVE THE MICROPHONE.

I'M.... SPEAKING FOR MR. PHELPS. I'M RELATIVELY NEW AT THIS. I'M A NEW BOARD MEMBER OF S.O.S. I'VE BEEN AT THIS FOR JUST A COUPLE OF MONTHS. I THINK EARLIER WHEN MR. HICKS, THE ATTORNEY, WAS TALKING ABOUT DEATH BY A THOUSAND CUTS IN A SITUATION, HE ALSO TALKED ABOUT LOSS OF SEEING A CONTINUUM AND THAT THERE'S NO BLACK OR WHITE, IT'S A GRAY AREA THROUGHOUT. I THINK A THOUSAND CUTS ARE ALSO A GRAY AREA, SOME CUTS ARE MUCH DEEPER THAN OTHERS AND I THINK THIS IS A VERY DEEP WOUND FOR THE AUSTIN AIR. I WOULD LIKE YOU TO CONSIDER THE IMMINENT ISSUE THAT THERE IS NO COMPREHENSIVE PLAN. AND I'M FAMILIAR WITH OTHER TIMES IN THE PAST WHEN THERE HAVE BEEN MORATORIUMS CONTROLLING DEVELOPMENT. RECENTLY THE U.S. SUPREME COURT PASSED DOWN A DECISION CONCERNING THE LAKE TAHOE MORATORIUM ON DEVELOPMENT, AND DETERMINED THAT IT WAS LEGAL AND NO PROPERTY RIGHTS WERE VIOLATED IN DOING SO. AND I WOULD LIKE TO ASK THE CITY COUNCIL TO CONSIDER A MORATORIUM ON DEVELOPMENT UNTIL A COMPREHENSIVE PLAN IS MADE FOR THE AREA OF THE AQUIFER. [ APPLAUSE ] DICK SCALGHTSMAN. HE WAS HERE EARLIER. HE IS REGISTERED AGAINST. THIS IS AN ORDINARY DEVELOPMENT IN AN EXTRAORDINARY PLACE. MAC CLOVEGER IS REGISTERED AND DOES NOT WISH TO SPEAK AND REGISTERED IN FAVOR OF. JOHN COREY? HE IS REGISTERED AGAINST. AARON GILES GIVES HIS TIME TO BILL BUNCH, REGISTERED AGAINST. MATTHEW SHOOK DOES NOT WISH TO SPI, REGISTERED AGAINST. MR. SAWYER REZ GAVE HIS TIME TO JOHN COREY AND IS REGISTERED AGAINST. DAVID NEW BURGER, REGISTERED AGAINST. ARE YOU HERE? OKAY.

[ INAUDIBLE ].

Mayor Garcia: MR. PHELPS DPOA NATEED HIS TIME TO SOMEBODY ELSE. HE DIDN'T EVEN GIVE ME ON OWE WHAT'S YOUR NAME?

[ INAUDIBLE ].

Mayor Garcia: 296?

IT'S LATE.

Mayor Garcia: OKAY. GO AHEAD, SIR. GO AHEAD.

I'M DON PHELPS -- I COULD CHANGE MY NAME IF IT WOULD WORK.

MR. PHELPS, GO AHEAD. YOU'VE GOT YOUR THREE MINUTES.

WELCOME EVERYONE TO -- WHAT DAY IS THIS, JUNE 28TH. GOOD MORNING EVERYONE. WELL, I FIRST OF ALL WANT TO SAY THAT I'M AGAINST THIS PROJECT. SOME OF THE THINGS THAT REALLY STRIKE ME -- ONE OF THE THINGS I HEARD ON THE RADIO, I'M WONDERING CAN I ASK QUESTIONS AT THIS POINT? YOU FOLKS PROBABLY KNOW A LOT MORE ABOUT THIS THAN I DO. IS IT APPROPRIATE TO ASK COUNCILMEMBERS QUESTIONS ABOUT STUFF? OKAY. I'LL ASK. I HEARD THAT -- MAYBE I'M WRONG. MAYBE THE RADIO WAS WRONG, BUT I HEARD THAT THERE WERE A COUPLE OF THINGS THAT HAVE NOT BEEN FINALIZED YET, AND ONE OF THOSE THINGS OF PROHIBITING USES, LIKE PROHIBITING USES OF CAR WASHES IN THIS PROPOSED NEIGHBORHOOD AND SOMETHING ABOUT SET.... SETBACKS. WHAT I WANT TO KNOW IS ARE THESE -- FIRST OF ALL, WHY DO YOU MAKE A DECISION TO VOTE ON SOMETHING WHEN YOU DON'T KNOW WHAT IT IS YOU'RE VOTING ON? CAN ANYBODY ANSWER THAT? THEN I HAVE ANOTHER QUESTION. [ LAUGHTER ] IS THERE A GOOD GUESS ON THAT? BECAUSE AFTER THAT I HAVE ANOTHER QUESTION. IT'S KIND OF LATE. ANYBODY WANT TO --

Mayor Garcia: THIS IS YOUR TIME TO SPEAK.

BUT PART OF MY TIME IS I NEED TO GET CLARIFICATION BEFORE I CAN ASK THE NEXT QUESTION, WHICH IS WHY ARE YOU PREPARED TO VOTE ON SOMETHING EVEN THIS FIRST STEP TONIGHT, WHEN YOU ARE NOT SURE OF THE THINGS THAT YOU'RE VOTING ON OR WHAT THEY REALLY MEAN. , LIKE PROHIBITING USES. DOES ANYBODY HAVE ANY IDEA?

GOODMAN: I'LL GIVE IT A SHOT, MAYOR.

Mayor Garcia: SURE.

Goodman: THE ZONING PROCESS IS ONE OF THREE READINGS, AN ORDINANCE HAS THREE READINGS. AND THE RECOMMENDATIONS THAT COME FROM THE PLANNING COMMISSION FIRST ARE NOT NECESSARILY EXACTLY WHAT THE WISHES OF THE PROPERTY OWNER, DEVELOPER WERE. SO THOSE RECOMMENDATIONS ARE THERE FOR CONSIDERATION ALONG WITH THE ORIGINAL REQUEST, ALONG WITH WHATEVER ISSUES COME UP TO COUNCILMEMBERS THAT THEY MAY DISAGREE WITH FROM BOTH OF THOSE PROPOSALS. SO YOU HAVE THE PUBLIC HEARING AS WELL BECAUSE YOU GET INPUT FROM OTHER PEOPLE ON THE ISSUES THAT THEY HAVE. AND WHEN YOU GO THROUGH THE -- ALL OF THE THREE READINGS, YOU HOPEFULLY HAVE TIME TO DISCUSS ALL THE ISSUES, LIKE PROHIBITION. AND THERE'S A LIST AND SO WHEN YOU GET TO THE THIRD READING AND THE FINAL READING, ALL OF THE THINGS THAT HAVE BEEN WORKED OUT BY DISCUSSION ARE IN THAT FINAL DRAFT. SO YOU DON'T WORK IT OUT UNTIL YOU HEAR EVERYBODY.

SO THERE'S NOTHING IN THIS PROCESS, IN THIS DECISION, THAT YOU ARE -- [ BUZZER SOUNDS ]

Goodman: NO, WE'RE HEARING ABOUT THEM.

OKAY. SOMEONE WAS GOING TO GIVE ME SOME TIME. WHAT NUMBER ARE YOU?

[ INAUDIBLE ].

Mayor Garcia: YOU ALREADY GAVE TIME TO SOMEBODY ELSE.

NO, HE DIDN'T. THEY'RE JUST SITTING NEXT TO EACH OTHER. WHAT'S YOUR NAME?

Mayor Garcia: NOT 295.

GOOD TRY.

Mayor Garcia: IF YOU WANT SOME QUESTIONS ANSWERED, WE CAN PROVIDE A STAFF PERSON TO DO THAT BECAUSE THIS IS NOT A FORUM FOR ASKING QUESTIONS, THIS IS A FORUM FOR YOU TO SPEAK.

IT WOULD BE REALLY NICE IF IT COULD BE.

Mayor Garcia: SO IF SOMEBODY FROM THE STAFF OF WATERSHED PROTECTION COULD HELP MR. PHELPS, I'D APPRECIATE IT. THANK YOU, MR. PHELPS.

ALL RIGHT. [ APPLAUSE ]

MAYOR AND COUNCILMEMBERS, MY NAME IS DAVID NEWBURGER. I'M A MEMBER OF THE S.O.S. ALLIANCE. AND 12 YEARS AGO HUNDREDS OF AUSTIN CITIZENS SHOWED UP TO VOICE OPPOSITION TO DEVELOPMENT PLANS THAT FREEPORT MCMORAN HAD FOR LAND ON OUR AQUIFER. THE CITIZENS OF AUSTIN WERE STANDING UP FOR PRESERVATION OF BARTON SPRINGS, THE HEART AND SOUL OF THE AUSTIN LIFE-STYLE. 10 YEARS AGO THE CITIZENS OF AUSTIN VOTED TWO TO ONE TO PRESERVE OUR AQUIFER, TO PRESERVE BARTON SPRINGS, TO PRESERVE THE AUSTIN LIFE-STYLE. TODAY WE ARE HERE FACING A PROPOSAL FOR A MILLION SQUARE FEET OF COMMERCIAL SPACE ON TOP OF OUR AQUIFER THAT WILL DID HE GRADE THE LIFE-STYLE OF ESTABLISHED SOUTHERN AUSTIN NEIGHBORHOODS, ENCOURAGE SUBURBAN SPRAWL, CREATE MORE TRAFFIC CONGESTIONS, INCREASE OUR AIR POLLUTION THAT IS ALREADY BEYOND LEVELS ALLOWED BY THE FEDERAL CLEAN AIR ACT. IT WILL INCREASE POLLUTION GOING INTO THE WATERSHED WHICH SUPPLIES DRINKING WATER TO 50,000 PEOPLE. THE LIFE-STYLE THAT IS SO DEAR TO THE CITIZENS OF CENTRAL TEXAS IS UNDER SIEGE. THIS DOES NOT HAVE TO BE. FOR A FRACTION OF THE DOLLARS THIS REGION IS SPENDING ON THE BUILDING OF FREEWAYS, OUR AQUIFER, THE BARTON SPRINGS AQUIFER, COULD BE PRESERVED FOREVER. CITIES AROUND THE COUNTRY ARE RECOGNIZING THE ENDLESS BUILDING OF FREEWAYS TO REACH SATELLITE OFFICE PARKS IN SUBURBAN NEIGHBORHOODS ARE DESTROYING THE LIVE ABILITY OF THEIR COMMUNITY. PORTLAND, SALT LAKE CITY, CHICAGO AND OTHERS HAVE PULLED THEIR REGIONS TOGETHER TO FORMULATE REGION WIDE PLANNING TO DEAL WITH THIS UNWORKABLE PLAN OF DEVELOPMENT THAT STARTED IN THE 19 50'S. CURRENTLY IN OUR COMMUNITY, FIVE COUNTIES HAVE BANDED TOGETHER IN THE CENTRAL TEXAS REGIONAL VISIONING PROJECT TO WORK TOWARDS A SOLUTION TO PRESERVING THE WAY OF LIFE IN CENTRAL TEXAS. WE NEED TO LET THE REGIONAL PLANNING PROCESS BEGIN TO TAKE SHAPE BEFORE WE MAKE DECISIONS THAT FURTHER HAMPER OUR SOLVING OF THIS REGIONAL PUZZLE. WE NEED OUR ELECTED OFFICIALS TO FOCUS ON HOW TO PRESERVE THE AUSTIN LIFE-STYLE. WE NEED TO PUT THIS PROPOSAL FROM STRATUS ON TOP OF OUR WATERSHED ON HOLD UNTIL OUR NEIGHBORS, THE CITIZENS OF AUSTIN, THE CENTRAL TEXAS COMMUNITY HAS TAKEN TIME TO DELIBERATE AND PLAN FOR OUR FUTURE. MAYOR AND COUNCILMEMBERS, I ASK YOU TO TAKE A STAND AS OUR LEADERS AND PLEASE PUT THIS PROPOSAL ON HOLD. [ BUZZER SOUNDS ] [ APPLAUSE ]

..

YES, MAYOR PRO TEM, MY NAME IS RUSTY OWES BORN. O.O.'S BORNE.

Goodman: YOUR NOT WHO I HAVE NEXT. WAS YOUR NAME CALLED EARLIER.

IT WAS. I THOUGHT GUS WAS CALLING PEOPLE TO LINE UP AND NOT CALLING THEIR CARD.

Goodman: GO AHEAD. THANKS.

I'LL BE BRIEF. I'D LIKE TO ECHO THE SENTIMENTS OF OTHER SPEAKERS WHO HAVE SAID WHAT A HORRENDOUS DISAPPOINTMENT IT IS TO BE HERE AGAIN FIGHTING THIS FIGHT ON IMPERVIOUS COVER OVER THE WATERSHED. YOU KNOW, THE RULES, THE LAWS, THE SCIENCE IS ALL THE SAME. NOTHING HAS CHANGED EXCEPT THE NAME OF THE DEVELOPER AND THE EXACT LOCATION OF THE CRIME. THAT'S WHAT'S CHANGED. YOU KNOW, I KEEP THINKING FOR THE LAST 20 YEARS THESE CITIZENS HAVE HIRED BABYSITTERS TO COME DOWN HERE AND HANG OUT ALL NIGHT TO FIGHT THESE HIRED GUNS OVER THIS ISSUE. AND, YOU KNOW, I FRANKLY AM OUT OF WAYS TO SAY THIS DIFFERENTLY. WE JUST DON'T HAVE ANY OTHER OPTIONS. OPTIONS TO PROTECT THIS EXCEPT TO TURN TO YOU, OUR ELECTED LEADERS, TO ACT RESPONSIBLY ON OUR BEHALF. [ CHEERS AND APPLAUSE ]. YOU KNOW, I'M NOT A LAWYER. I'M A SCIENTIST. MY UNDERSTANDING OF YOUR LEGAL PREDICAMENT AND YOUR POSITION IN THIS IS THAT FREEPORT MCMORAN HAS YOU OVER A BARREL. IT'S DO THIS OR DO SOMETHING WORSE. I'D JUST LIKE TO QUOTE A HERO OF MINE ON A SUBJECT SIMILAR TO THIS ISSUE. AND THE FELLOW'S NAME IS JOHN BARCARD. HE IS NOT REAL, BUT HEROES ARE GETTING HARD TO FIND. [ LAUGHTER ] JOHN LUKE WAS ASKED WHAT HE WOULD DO UNDER CERTAIN CIRCUMSTANCES WHEN HE WAS BETWEEN A ROCK AND A HARD PLACE. AND THE JUDGE WAS GOING TO DECIDE HIDZ FATE. AND HIS ANSWER WAS THE ONLY ANSWER THAT MADE ANY SENSE AND ONLT ANSWER THAT MAKES ANY SENSE FOR YOU, AND THAT IS TO SAY, IF WE'RE TO BE DAMNED FOR BEING WHO WE ARE, THEN LET'S BE WHO WE REALLY ARE. AND WHO WE ARE IS A COMMUNITY OF ORDINARY PEOPLE WHO LOVE OUR RESOURCES. THAT'S WHAT SETS US APART FROM EVERY OTHER CITY IN THIS STATE. [ APPLAUSE ] I JUST IMPLORE YOU TO TAKE THE LONGVIEW AND COME UP WITH SOMETHING THAT SATISFIES STRATUS' RIGHT TO DEVELOP -- [ BUZZER SOUNDS ] AND OUR RIGHT TO HAVE A CHERISHED RESOURCE. THANK YOU. [ APPLAUSE ] EMPLOY R.

Goodman: WHAT I'M GOING TO DO IS READ OUT A BUNCH OF NAMES AND SEE WHO IS HERE. THAT WAY EVERYBODY CAN BE READY TO SPEAK WHO IS HERE. MAX CLOGGER, I MAY BE MISPRONOUNCING THAT. IS MR. CLOGGER HERE? HE IS IN FAVOR. MELANIE HAGERTON? MELANIE HAGERTON DID NOT WISH TO SPEAK, IS AGAINST. ANDRE ILLIG -- ILEKS. HE IS IN FAVOR. JAMIE KEY? JAMIE KEY IS IN FAVOR. ROBERT JOHNSON? MR. JOHNSON, PHIL BROWN HAS GIVEN YOU THREE MINUTES. IS MR. BROWN HERE?

[ INAUDIBLE ]. HE YIELDED ME HIS TIME WHEN HE SIGNED UP YESTERDAY.

Goodman: HE WOULD HAVE TO BE HERE TO GIVE YOU HIS TIME, BUT LET ME CALL SOME MORE PEOPLE AND MAYBE SOMEONE ELSE WILL. JAMES GILLY? JANE GILLY IS AGAINST. RAY GILLY IS IN FAVOR. OKAY. INTERESTING CONVERSATION AT HOME. MEAGAN BARKIN? JOHN LARKIN?

[ INAUDIBLE ].

Goodman: OKAY. SHE WAS OPPOSED.

[ INAUDIBLE ].

Goodman: I UNDERSTAND. PHYLLIS BARREN IS AGAINST. CRAIG BARREN IS AGAINST. ELAINE PUPPE DOES NOT WISH TO SPEAK, IS AGAINST. DARWIN MANN IS AGAINST. JESSICA FLARE, FLAIN IS IN FAVOR. LISA KIPPITZ IS OPPOSED. SUSAN HOOVER IS IN FAVOR. SCOTT JOHNSON? SCOTT JOHNSON IS OPPOSED. DIANE EMMITT OR MAYBE EMMORT IS OPPOSED. JACKIE PRICE IS IN FAVOR. MIKE PRICE IS IN FAVOR. NICOLE GOLITH IS OPPOSED. RYAN GOLDEN IS OPPOSED. GREGORY SEIBERS IS IN FAVOR. SUSAN BERGERON, WHO HAD DONATED TIME TO PAUL TESLEK. I THINK HE SPOKE. OKAY. SHE WAS OPPOSED. MIKE DAVIS IS OPPOSED. JAMIE PULLETZA IS OPPOSED. JAY AARON SELLERS IS OPPOSED. DONNA TIEMENS, WHO WAS HERE, IS OPPOSED. DONALD ROWES -- ROJAS DOES NOT WISH TO PE, IS IN FAVOR. CHERYL ROJAS IS IN FAVOR. MIKE DAVIS -- OKAY, THAT'S A DUPLICATE. HE'S OPPOSED. ROBIN TROUGH -- PARDON?

[ INAUDIBLE ].

Goodman: OH, THAT WORKS. OKAY. THE NEXT PERSON. OKAY. AFTER MR. JOHNSON, ANOTHER CHERYL ROJAS, STEVE BEERS IS THE NEXT ONE. I KNOW HE'S SOMEWHERE. I SAW HIM. SO LET'S STICK WITH THREE FOR THE MOMENT. WE HAVE THREE PEOPLE.

BEFORE I BEGIN, I WOULD LIKE THE ADDITIONAL THREE MINUTES YIELDED TO ME BY PHIL BROWN. UP UNTIL JOHN LARKIN SPOKE, NO PEOPLE HAVE BEEN ASKED WHETHER THE PEOPLE YIELDING THEM TIME WERE PHYSICALLY PRESENT IN THE CHAMBERS.

Goodman: WELL, IT IS OUR YEAR, IF IT WASN'T ASKED, I'M SORRY.

HE HUNG ON HERE UNTIL MIDNIGHT. AND I THINK IT'S A LITTLE MUCH TO ASK THAT SOMEONE YIELDING TIME STAY PAST MIDNIGHT TO HAVE THEIR THREE MINUTES COUNT.

Goodman: IT IS OUR RULE. I'LL DEFER TO THE MAYOR.

..[ LAUGHTER ]

Mayor Garcia: LET ME SAY THIS. EXCUSE ME JUST A SECOND. WE PROBABLY HAVE 300 OR MORE SPEAKERS STILL SIGNED UP. AND WE'RE NOT GOING TO FINISH TONIGHT, SO IT PROBABLY WOULD BE A GOOD IDEA TO KEEP THE PUBLIC HEARING OPEN UNTIL THE 11th OF JULY, WHICH IS OUR NEXT MEETING, AT WHICH TIME MAYBE WE CAN HAVE A WHOLE DAY FOR THIS DEDICATED -- THE COUNCIL WOULD HAVE TO DECIDE THAT. [ CHEERS AND APPLAUSE ].

Mayor Garcia: THOSE WHO ALREADY SPOKE, ALREADY SPOKE. THOSE WILL NOT BE RECOGNIZED. BUT WE'RE NOT GOING TO FINISH. THERE'S PEOPLE OUTSIDE CALLING PEOPLE TO COME IN RIGHT NOW. [ LAUGHTER ] THEY'LL BE SLEEPING UNTIL 5:00 O'CLOCK AND THEN WAKE UP AND COME HERE AND WE'LL STILL BE HERE. SO LET ME SEE IF THE COUNCIL WANTS TO CONSIDER POSTPONING OR CONTINUING THIS PUBLIC HEARING ON JULY THE 11th. WE'RE NOT GOING TO GET THROUGH TONIGHT.

[ INAUDIBLE ].

Mayor Garcia: WE HAVE HAD PUBLIC HEARINGS ON SATURDAY AND SUNDAY BEFORE. BUT WHAT ARE THE WISHES OF THE COUNCIL?

Wynn: MAYOR, I WOULD BE SUPPORTIVE OF EVERYBODY WHO SIGNED UP CERTAINLY GETTING A CHANCE TO SPEAK, BUT AT SOME POINT WE SHOULD SAY IF YOU'RE SIGNED UP NOW, YOU ARE GOING TO SPEAK. AND I AGREE WE WON'T GET IT DONE TONIGHT. WE DON'T CLOSE THE PUBLIC HEARING. THE PUBLIC HEARING CONTINUES AT THE NEXT COUNCIL MEETING, WHICH I GUESS IS THE 11th OF JULY, BUT EVERYBODY WHO SIGNS UP TO SPEAK SHOULD BE ABLE TO SPEAK, BUT WE SHOULD CUT IT OFF NOW. IF YOU SIGNED UP NOW, YOU GET TO SPEAK. THERE'S 380 SOME-ODD STILL LEFT AND --

Mayor Garcia: LET ME SHOW YOU THE LIST OF PEOPLE WHO HAVE SIGNED UP TO SPEAK. [ CHEERS AND APPLAUSE ]. LET ME ENTERTAIN A MOTION BASICALLY TO DO WHAT COUNCILMEMBER WYNN SAYS, AND THAT IS THOSE OF YOU WHO ARE SIGNED UP TO SPEAK TONIGHT, YOU WILL BE RECOGNIZED ON THE 11th FOR A PUBLIC HEARING. AND WE WILL -- WE WILL RECESS THIS PUBLIC HEARING AND BRING IT BACK UP ON THE 11th AND WE'LL TALK TO THE LEADERSHIP. MAYBE SOMETHING CAN BE WORKED OUT. WE HEARD A LOT OF PUBLIC HEARING. WE HAD QUITE A BIT OF GOOD PUBLIC INPUT, SO, COUNCILMEMBER WYNN, IF YOU -- NO, SIR. THE COUNCIL IS HAVING A DISCUSSION, OKAY, IF Y'ALL DON'T MIND.

Wynn: . FRANKLY, I'M HERE AND THERE ARE A LOT OF FOLKS HERE. I'M PREPARED TO STAY AT SOME POINT LONGER TONIGHT, BUT I WOULD -- I GUESS I'D MAKE A MOTION THAT WE AMEND WHATEVER RULES MIGHT BE EXISTING AND POTENTIALLY SAY IF YOU HAVEN'T SIGNED UP BEFORE ONE A.M. -- IF YOU SIGNED UP BEFORE ONE A.M. YOU WILL GET A CHANCE TO SPEAK AT THIS PUBLIC HEARING, AND WE'LL GO ANOTHER HOUR TONIGHT AND THEN EVERYBODY WHO SIGNED UP WHO HASN'T SPOKEN YET CAN SPEAK AT THE CONTINUATION OF THE PUBLIC HEARING, WHICH WILL BE TWO WEEKS FROM TODAY.

Mayor Garcia: THERE'S A MOTION ON THE FLOOR -- THERE ARE ENOUGH PEOPLE SIGNED UP TO SPEAK TO LAST FOR A LONG TIME. AND THEN IF YOU SIGNED UP TONIGHT UNTIL AUSTIN OAK, -- 1:00 O'CLOCK, YOU WILL BE ALLOWED TO SPEAK WHEN WE CONTINUE THE PUBLIC HEARING ON THE 11th.

Goodman: MAYOR, CAN I ASK FOR A LITTLE CLARIFICATION?

Mayor Garcia: LET ME SEE IF THERE'S A SECOND TO THAT MOTION.

Goodman: I'LL SECOND IT FOR DISCUSSION. I WANT TO KNOW IF WHAT I WAS HEARING IF THOSE WHO ARE HERE TONIGHT WHO ARE STILL HERE THAT ARE SIGNED UP ARE THE FOLKS THAT WE CONTINUE TO LISTEN TO, AND WHEN THOSE IN THE ROOM WHO HAVE SIGNED UP ARE FINISHED SPEAKING, THEN WE CALL IT A DAY AND CONTINUE ON THE 11th. IS THAT WHAT YOU'RE SAYING?

Mayor Garcia: WELL, WHAT THE MOTION WAS IS THAT WE WOULD CUT OFF THE SIGNING AT 1:00 O'CLOCK AND THEN WE'LL STAY HERE UNTIL 2:00 O'CLOCK AND LISTEN TO THE PEOPLE THAT ARE HERE. AND THEN WE WILL CONTINUE THE PUBLIC HEARING ON THE 11.. 11th.

Goodman: THAT'S FINE, IF THAT'S THE NUMBER OF PEOPLE. I WANT TO MAKE SURE THAT EVERYBODY WHO LASTED THIS LONG GETS TO GO AHEAD AND SPEAK TONIGHT.

Mayor Garcia: SURE. A LOT OF PEOPLE THAT ARE HERE ALREADY SPOKE, SO WE CAN DO THAT. OKAY. IS THERE A MOTION. THERE'S A MOTION AND A SECOND. DISCUSSION?

Slusher: I HAVE A COMMENT. I WOULD JUST SOON WAIT UNTIL -- IT SEEMS TO ME WE WOULD WAIT UNTIL WE'RE READY TO DO THAT TO VOTE BECAUSE I THINK -- THERE'S A LOT OF PEOPLE THAT AREN'T HERE THAT ARE IN THAT -- IN THAT STACK. I WOULD LIKE TO GO AHEAD AND SEE WHAT WE CAN GET DONE TONIGHT. WE MIGHT FINISH TONIGHT. I KNOW I CAN MAKE IT AWHILE. I CAN MAKE IT AWHILE LONGER.

Mayor Garcia: THEY ARE PEOPLE COMING IN THAT HAVE SIGNED UP AND LEFT AND COME BACK. SO IT'S A CONSTANT FLOW OF PEOPLE COMING IN HERE. PEOPLE THAT HAVE SIGNED UP TO SPEAK, PROBABLY HAD DINNER AND COMING BACK. SO WE COULD BE HERE UNTIL, YOU KNOW, 10:00 O'CLOCK IN THE MORNING. [ APPLAUSE ] [ CHEERS AND APPLAUSE ].

Mayor Garcia: RATHER THAN DOING THAT, WE'VE BEEN HERE FOR 13 HOURS. RATHER THAN DOING THAT, WHY DON'T WE JUST CONTINUE THE PUBLIC HEARING ON THE 11th? WE'RE NOT GOING TO DECIDE TONIGHT ANYWAY. WE DON'T HAVE TIME TO FINISH THE PUBLIC HEARING AND THEN WE HAVE TO ENTER INTO THE DISCUSSION. THERE HAS TO BE TIME FOR -- LET ME TELL YOU WHAT THE ITEMS ARE LEFT. WE WILL HAVE THE APPLICANT, DRENNER, GETTING A REBUTTAL, AND THEN WE HAVE VOTES ON THE SETTLEMENT ORDINANCE, ITEMS 107, 110 AND 111, AND THEN WE HAVE -- WE'RE NOT GOING TO -- WE'RE GOING TO DEFER THE VOTES ON THE RESOLUTIONS ON ITEMS 108, 109D, 112, 113, AND THEN WE HAVE THE VOTE ON THE ZONING, Z-9, Z-10 TO 15. Z-17 TO 21 AND Z-23 AND 24. SO IT'S AN ENORMOUSLY LARGE AGENDA IF YOU WANT TO KNOW THE TRUTH. [ONE MOMENT, PLEASE, FOR CHANGE IN CAPTIONERS]

Mayor Garcia: YOU CAN PUT YOUR HANDS DOWN. WE'RE NOT SEEING THE ONES --

[INAUDIBLE]

Goodman: I THINK YOU ALL HAVE ALREADY BEEN COUNTED SO YOU DON'T HAVE TO HOLD YOUR HAND UP ANYMORE.

Mayor Garcia: LET ME HAVE YOUR ATTENTION, PLEASE. THOSE OF YOU THAT HAVE SIGNED UP TO SPEAK WILL BE RECOGNIZED ON THE 11th FOR PURPOSES OF THE PUBLIC HEARING. OKAY? SO WE'RE CUTTING OFF THE SIGN-UP. BECAUSE WE'VE HAD, YOU KNOW --

[INAUDIBLE]

Mayor Garcia: THE PEOPLE THAT SPOKE AND HAVE BEEN RECOGNIZED, AND I'M GOING TO READ INTO THE RECORD THE LIST OF PEOPLE WHO HAVE SAID THEY DON'T WISH TO SPEAK. I'LL INDICATE WHETHER THEY ARE FOR OR AGAINST. ARE YOU READY? LET HEE DO..........LET ME DO THAT FIRST. KERR REBROWN IS AGAINST, NOT WISH TO GO SPEAK. SARAH WHEEL NOT WISH TO GO SPEAK, AGAINST. RACHEL ANDREWS. AGAINST, NOT WISH TO GO SPEAK. KEY ANDREWS. NOT WISHING TO SPEAK. I'M GOING TO READ ALL THE PEOPLE AGAINST NOT WISH TO GO SPEAK. KEITH I CAN'T REMEMBER BORROW. MATT GOODING. SARAH FUCH. SUSAN MASON. LARISSA ELLIOTT. ELIZABETH MARTINEZ. JACKIE BROWN. KATHERINE MATH THINKS. RICHARD LEVINE. KELLY ROBINSON. I CAN'T READ THE NAME. SOMETHING. LEE INGRAM. DEBORAH BYRD. SUSAN TATE. LYNETTE HALL..... HALLOW. ARDEN KIM. SUSAN -- THIS NAME AGAIN. SARAH CHEEL. KERRY BROWN. RACHEL McHENRY. THESE ARE THE SAME NAMES I ALREADY READ.

[INAUDIBLE]. MATT....

Mayor Garcia: MATT GOODING. LISA ELLIOTT. SALLY VIDAL. JACKIE BROWN. KATHERINE MATHIS. KELLY ROBINS. RICH DEVINE. WE ALREADY READ THAT INTO THE RECORD. RENEE FUCKUA. PAUL [INAUDIBLE]. RODNEY GIBBS. NANCY MIMS. [INAUDIBLE] ABE RAMS. DOUG MARCUS. EBRON DUNN. PAUL THRELKILL. NANCY MIMS. MARGARET JONES. LANE TODAY QUASI, I THINK. MIKE DORR. KAREN ABBOT. CHARLIE PEEVERT. PAIGE DID YOU KNOW..................PAIGE DUNLAP. THOMAS BUTLER. JEANNIE DEFREEZE. JERRY DEFREEZE. JULIE LOCK. DARRIN CLARY. ALEX LIGHT. ASIA GUINELL. PAUL SHIRLEY. STEVE BANKS. KATHLEEN MARTELL. BETH PLASIK. DAVID BAIN. DIANE BLYCH. LARRY COLATSE.

MARGARET JONES IS HERE AND WANTED TO SPEAK.

SHE SIGNED UP AND SAID SHE DIDN'T WANT TO SPEAK.

[INAUDIBLE] GLF ALL........

Mayor Garcia: ALL RIGHT.

MR. MAYOR, MAY I ASK A POINT OF ORDER?

Mayor Garcia: NO. THE COUNCIL IS CONSIDERING ONE MOTION AND THAT IS TO CUT OFF THE SIGNING AT 1:00. WHOEVER IS SIGN WILL BE RECOGNIZED. THAT MOTION WAS MADE BY COUNCILMEMBER WYNN, SECONDED BY THE MAYOR PRO TEM. DISCUSSION ON THAT MOTION IN ALL IN FAVOR SIGNIFY BY SAYING AYE.

AYE.

Mayor Garcia: MOTION CARRIES.

Goodman: WELL, I DIDN'T HEAR THE CLARIFICATION. I HAD ASKED COUNCILMEMBER WYNN IS THIS FOR AN HOUR OR THIS IS RELATIVE TO THE PEOPLE SIGNED UP WHO ARE HERE?

Mayor Garcia: NO, WHOEVER SIGNED UP BY 1:00 IS GOING TO BE RECOGNIZED TO SPEAK EITHER TONIGHT OR NEXT -- ON THE 11th.

Goodman: WELL, HOW DO WE DECIDE WHERE OUR CUTOFF POINT IS.

Mayor Garcia: HUH?

Goodman: HOW DO WE DECIDE FOR OUR CUTOFF FOR DAY. WHOEVER IS HERE IS SIGNED UP IN.

Mayor Garcia: WELL THAT'S AN ISSUE OF HOW LONG THE COUNCIL WANTS TO STAY HERE.

Goodman: WELL, WE CAN REASSESS LATER. WE'RE NOT THE ONLY PEOPLE WHO NEED SLEEP.

Mayor Garcia: YEAH. BUT THE MOTION HAD TO DO WITH CUTOFF FIRST, AND THAT MOTION CARRIED. UNANIMOUSLY. NOW, WE'RE GOING TO NOW START GOING THROUGH THE CARDS, AND I'LL -- THE FIRST ONE IS ROBERT JOHNSON.

YES, SIR.

Mayor Garcia: OKAY. YOU ARE ON.

MR. MAYOR, I WANTED TO ASK, I'M OUT OF TURN AND I WANTED TO ASK ONE BRIEF QUESTION. SEEMS A LOT OF THE PEOPLE WHO WERE AGAINST BUT DID NOT WISH TO SPEAK ARE GONE BECAUSE IT WAS GETTING SO LATE.

Mayor Garcia: IF YOU ARE SIGNED UP --

I AM SIGNED UP AND I WOULD SPEAK. A LOT OF THOSE PEOPLE WOULD SPEAK IF THEY HAD THE CHANCE TO 11th.

Mayor Garcia: IF THEY SIGNED UP BY 1:00, THEY CAN SPEAK.

Wynn: I THINK IF I CAN CLARIFY, ACCEPT IF YOU'VE ALREADY READ THEIR NAME INTO THE RECORD AND STATED FOR OR AGAINST, IF THEY'VE ALREADY CHOSEN NOT TO SPEAK --

Mayor Garcia: THE ONES THAT CHOSE NOT TO SPEAK, THEY ARE NOT GOING TO SPEAK BECAUSE THEY REGISTERED NOT TO SPEAK. THEY DESIGNATED ON THE CARD OR ON THIS SHEET WHETHER THEY WANTED TO SPEAK. THE ONES THAT DON'T WANT TO SPEAK ARE NOT SPEAKING. THE ONES THAT WANT TO SPEAK, AND MR. JOHNSON, WE'LL GET TO YOU AS SOON AS WE FINISH THIS DISCUSSION. WHICH WE'RE FINISHED NOW.

MR. MAYOR, DOES THAT FOLLOW THE RULES --

Mayor Garcia: MR. JOHNSON.

I THINK AT ONE POINT I HAD AN OFFER OF AN ADDITIONAL THREE MINUTES FROM SOMEONE WHO WAS HERE. AGAINST. YES.

[INAUDIBLE].

Mayor Garcia: GIVE HIM SIX MINUTES.

THANK YOU. MAYOR GARCIA AND MAYOR PRO TEM AND COUNCILMEMBERS, I'M ROBERT JOHNSON. I'M VICE PRESIDENT OF THE CHERRY CREEK ON BRODIE NEIGHBORHOOD ASSOCIATION. I SHOULD START OFF BY SAYING --

Mayor Garcia: LET ME STOP YOU FOR JUST A SECOND. COULD WE CONCLUDE OUR CONVERSATION SO MR. JOHNSON CAN BE HEARD? GO AHEAD, SIR.

THANK YOU. AS I SAID, I'M VICE PRESIDENT OF CHERRY CREEK ON BRODIE NEIGHBORHOOD ASSOCIATION. I'M ALSO CHAIRMAN OF ITS DEVELOPMENT COMMITTEE. I WANT TO BE UP FRONT. I'M NOT AN ENVIRONMENTIST. I AM NOT HERE TO TALK ABOUT DEAD SALAMANDERS. I HAVE A DIFFERENT PERSPECTIVE AND AS LATE AS IT IS IN THE EVENING, I HOPE YOU CAN GIVE ME A FRESH EAR. I COME TO YOU AS A LAWYER, AS A NEIGHBORHOOD LEADER, AND AS A TAXPAYER. AND I HAVE CONCERNS IN EACH OF THOSE THREE AREAS. AS AN ATTORNEY, I AM CONCERNED, AND IT'S MY BELIEF THAT THIS COUNCIL DOES NOT HAVE THE AUTHORITY TO ENTER INTO THIS SETTLEMENT. THE S.O.S. ORDINANCE WAS PASSED BY PETITION AND REFERENDUM, BY DIRECT VOTE OF THE VOTERS OF AUSTIN. AND I DO NOT BELIEVE THAT THIS COUNCIL SHOULD FEEL AT LIBERTY TO AMEND OR TO WAIVE THAT ORDINANCE WITHOUT GOING BACK TO THE SAME VOTERS WHO PASSED IT. [APPLAUSE] [CHEERS AND APPLAUSE]

IT IS ENTIRELY POSSIBLE THAT CLUSTERING IS A GOOD IDEA AND THAT THE VOTERS WOULD APPROVE IT, BUT WE'LL NEVER KNOW UNLESS SOMEONE ACTUALLY PUTS IT ON THE BALLOT AND WE TEST IT. I PERSONALLY MIGHT SUPPORT CLUSTERING IF THERE WAS A CAP. IF THERE WAS A 25 OR 30% CAP. BUT THESE 45% IMPERVIOUS COVER TRACTS MAKE NO SENSE AT ALL. AND ALLOWING CLUSTERING WITHOUT ANY CRITERIA OR ANY GUIDELINES IS IN MY OPINION IRRESPONSIBLE. AS A TAXPAYER, I HAVE TO WONDER WITH THE TIGHT BUDGET WHETHER WE NEED TO BE GIVING THESE TAX CREDITS TO A LAND DEVELOPER. OUR NEIGHBORHOOD -- [APPLAUSE] OUR NEIGHBORHOOD'S PLAYSCAPE WAS BURNED BY AN ARSONIST A YEAR AGO. AT THE TIME WE ASKED FOR IT TO BE REPLACED AND WE WERE TOLD WE HAD MISSED THE CAPITAL BUDGET CYCLE. COME BACK NEXT YEAR. NOW WE'RE BEING TOLD DO NOT EVEN ASK FOR THAT PLAYSCAPE TO BE REPLACED FOR AT LEAST TWO YEARS BECAUSE THE BUDGET IS NOT THERE. AS A PARENT, I HAVE TO REMEMBER NOT TO TAKE MY TWO LITTLE GIRLS TO THE LIBRARY ON THURSDAYS BECAUSE IT'S CLOSED.

YEAH! [APPLAUSE]

IT WOULD BE MY SPRONG PREFERENCE THAT THIS -- STRONG PREFERENCE THAT THIS CITY COUNCIL TELL STRZ THE TAX CREDIT BANK IS -- STRATUS THAT THE TAX CREDIT BANK IS CLOSED AND KEEP THE LIBRARY OPEN. [CHEERS AND APPLAUSE]

NOW, AS A NEIGHBORHOOD LEADER, I NEED TO TELL YOU OUR NEIGHBORHOOD WAS NOT INCLUDED IN THE STAKEHOLDER PROCESS. NO ONE TOLD US ABOUT ANY STAKEHOLDER MEETINGS. EVEN THOUGH WE'RE ONE OF THE CLOSEST NEIGHBORHOODS TO TRACT 108. THERE ARE A LOT OF NEIGHBORHOODS THAT WERE NEVER INVITED TO PARTICIPATE IN THAT PROCESS WHEN THE TERM SHEET WAS BEING FORMED. WHEN THE IMPORTANT DECISIONS WERE BEING MADE. OUR NEIGHBORHOOD FOUND OUT ABOUT THIS WHOLE THING ABOUT A WEEK BEFORE THE FIRST ZAPCO HEARING. AND WE IMMEDIATELY PUT IN A REQUEST FOR A P LIKE WE NT LIKE WE ALWAYS DO WHEN WE DON'T KNOW ANY DETAILS. CITY STAFF COULD NOT GIVE US A COPY OF THE REPORT TELLING US WHAT THE STRATUS DEAL WAS UNTIL THE AFTERNOON OF THE ZAPCO HEARING. ONE OF THE FIRST VOTES THE GAPCO TOOK WAS DENY ALL ACCUMULATED REQUESTS FOR POSTPONEMENT. IT WAS A SHOCK TO THE NEIGHBORHOODS WHO WERE MERELY ASKING FOR ENOUGH TIME TO UNDERSTAND WHAT THIS DEAL WAS ABOUT. TO THEIR CREDIT, BEFORE THE EVENING WAS OVER, THE ZONING AND PLATTING COMMISSION CHANGED THEIR COMMISSION AND TO HER GREAT CREDIT THE CHAIR OF ZAPCO, BETTY BAKER, PUT TOGETHER THE STRATUS TASK FORCE TO TRY TO PROVIDE AN OPPORTUNITY FOR THE NEIGHBORHOODS THAT HAD BEEN EXCLUDED TO VOICE THEIR CONCERNS. BUT IT WAS TOO LATE. IF YOU LOOK AT HOW THIS DEAL WAS FORMULATED, CASEY DOBSON ON BEHALF OF THE CITY WORKED HARD. AND HE GOT THE BEST DEAL HE THOUGHT HE COULD GET. I'M CONVINCED OF THAT. HE'S NOT SELLING ANYBODY OUT. HE DIDN'T TANK. HE TRIED. CIRCLE C HOA CAME TO THE TABLE AND THEY PUSHED AND THEY GOT A LITTLE BETTER DEAL. THE WILD FLOWER CENTER CAME TO THE TABLE AND PUSHED AND IMPROVED THE DEAL STILL FURTHER. AND ALL THE REST OF THE NEIGHBORHOODS ARE ASKING FOR IS A CHANCE TO MAKE THE DEAL THAT MUCH BETTER. BECAUSE I'VE NEVER SEEN A SETTLEMENT OR A DEAL THAT CAN'T BE IMPROVED BY ADDITIONAL VIEWPOINTS AND ADDITIONAL PERSPECTIVES. AND WE ARE PROPERTY OWNERS WHOSE PROPERTY RIGHTS ARE DIRECTLY AFFECTED BY THIS DEVELOPMENT. AND WE SHOULD HAVE BEEN INCLUDED IN THE STAKEHOLDER PROCESS EARLY ON. WE SHOULD HAVE BEEN INVOLVED BEFORE A TERM SHEET WAS SIGNED. AND ALL WE'RE ASKING FOR IS THE CHANCE TO HELP THE COUNCIL HELP THE ATTORNEYS MAKE THE DEAL BETTER. I WOULD NOT HAVE LEFT WORK EARLY TONIGHT. I WOULD NOT HAVE SKIPPED DINNER, STAYED HERE THIS LATE AND LOST ALL OF MY FAMILY TIME FOR THE EVENING IF I DID NOT FIRMLY BELIEVE THAT THIS DEAL COULD BE IMPROVED BY THE INVOLVEMENT OF OUR ASSOCIATION AND ALL OF THE OTHER ASSOCIATIONS THAT WE'VE TALKED TO THAT WERE LEFT OUT. WE HAVE PUT TOGETHER A LOOSE COALITION THAT WE'RE TRYING TO FIRM UP INTO A PERMANENT COALITION. THE OPERATING NAME IS SOUTHWEST AUSTIN ASSOCIATION OF NEIGHBORHOODS. AND WE ARE TRYING TO PUT TOGETHER AN ALTERNATIVE PROPOSAL. I WOULD ASK THAT YOU HOLD OFF LONG ENOUGH TO SEE WHAT THESE NEIGHBORHOODS HAVE TO SAY, SEE IF WE CAN MAKE THE DEAL BETTER AND UNDERSTAND THAT THE SAME PETITION AND REFERENDUM THAT PASSED S.O.S. CAN ALSO BE USED TO KILL THIS DEAL. IF YOU WANT THIS DEAL TO GO THROUGH, HAVE YOU TO GET THE PUBLIC SUPPORT TO MAKE IT HAPPEN. AND WE HAVE NOT SEEN THAT EFFORT YET. YOU KNOW HOW TO CONTACT US, AND WE WILL BE IN TOUCH. BUT WE WOULD LIKE TO BE INCLUDED. THANK YOU VERY MUCH.

Mayor Garcia: THANK YOU, SIR. [CHEERS AND APPLAUSE]

Goodman: MAYOR, I THINK STAFF SHOULD PROVIDE MR. JOHNSON WITH A COPY OF THE S.O.S. ORDINANCE. AS A LAWYER, I THINK A GOOD THING YOU SHOULD HAVE. THE ISSUE OF CLUSTERING IS SOMETHING WE HAVEN'T HAD TIME TO GO INTO BECAUSE IT'S A PRETTY LENGTHY PRESENTATION.

[INAUDIBLE].

IN THIS ROOM ON THE COUNCIL, ANYONE INVOLVED IS SPENDING A LOT OF ENERGY THINKING OUTSIDE OF THE BOX, WHAT COULD WE DO HERE TO MAYBE PLEASE EVERYONE AND GET A WIN-WIN SITUATION. HOW COULD WE NEGOTIATE THIS. AND I DON'T KNOW IF THAT'S POSSIBLE, BUT I'M HOPING THAT EVERYBODY SPENDS THEIR TIME DOING THAT. AND I HOPE THAT EVERYONE IS THINKING ABOUT DIFFERENT WAYS THAT WE COULD WORK TOGETHER. YOU KNOW, I'M THINKING OF THINGS AND I DON'T KNOW ENOUGH REALLY TO OFFER YOU ANYTHING TONIGHT, BUT SOMEONE MENTIONED TAKING THE MONEY AND SPENDING IT ON LAWYERS TO FIGHT THIS CASE THAT WE ARE GOING TO TURN OVER TO STRATUS. OR MAYBE SOMEHOW FINDING SOME LAND SOMEWHERE TO OFFER THEM AS SOME SORT OF A TRADE OR SOMETHING AND MOVE THEM OUT OF THE SENSITIVE AREA. YOU KNOW, THERE ARE LOTS OF OTHER OPTIONS, I'M SURE. AND IT'S JUST GOING TO TAKE A LOT OF DIALOGUE TO GET TO THE RIGHT THING, I THINK. BUT WHAT I CAN OFFER YOU TONIGHT IS I WANT TO OFFER YOU A PICTURE -- AM I TOO LOUD? -- THAT I TOOK THIS MORNING IN MY NEIGHBORHOOD, BARTON HILLS. COUNCILWOMAN DUNKERLEY MAY HAVE SEEN THIS.

Mayor Garcia: CAN YOU HOLD JUST A SECOND? THE CLOCK IS NOT RUNNING. [LAUGHTER] PARALYZED IT OR WHAT?

I JUST HAVE A COUPLE SENTENCES LEFT ANYWAY. SHE MAY HAVE SEEN THIS BUILDING WHEN SHE DROVE TO THE MEETING. AT THE CORNER OF BARTON SKYWAY AND BARTON HILLS. WHEN YOU DRIVE TO THAT INTERSECTION AND YOU LOOK TO THE SOUTH, TO THE LEFT, YOU WILL SEE SOME HUGE -- TWO HUGE BUILDINGS THAT ARE BUILT RIGHT ON TOP OF BARTON CREEK BASICALLY RIGHT ON THE BLUFF, AND IT'S THE TERRACE. IT'S NOT STRATUS, BUT IT'S THE SAME PRINCIPLE. UNFORTUNATELY THEY GOT IN -- THEY BUILT SOME -- TWO MONSTROUS BUILDINGS RIGHT ON THE BLUFF OVERLOOKING THE CREEK. THERE'S A LOT OF -- I'M SURE, YOU KNOW, THERE'S RUNOFF. THERE'S TRAFFIC, MORE TRAFFIC COMING IN. IT'S RIGHT BY THE GUSFRU ACCESS. AND I WALK THE TRAILS, I SWIM IN THE CREEK, I ROCK CLIMB RIGHT ON THE CLIFFS BELOW THAT, AND THOSE BUILDINGS CAN BE SEEN FROM BARTON SPRINGS -- OR FROM THE TRAIL, FROM THE CREEK. THEY CAN BE SEEN FROM MANY DIFFERENT ANGLES WHEN YOU ARE IN THE BARTON HILLS NEIGHBORHOOD, IF YOU DRIVE AROUND, YOU WILL SEE THEM ALL OVER. AND A COUPLE OF THINGS THAT NO ONE REALLY SEEMED TO FORESEE BEING PROBLEMS IS THE LIGHT POLLUTION THAT COMES FROM THESE BUILDINGS AT NIGHT. AND I'VE GOT PICTURES HERE FOR THE COUNCILMEMBERS. AT NIGHT, THESE BUILDINGS -- AND I JUST HAVE A PICTURE OF ONE OF THEM. THIS IS A PICTURE I TOOK THIS MORNING FROM OUR BACKYARD. THIS IS -- I MOVED TO THIS NEIGHBORHOOD, I SPECIFICALLY LOOKED FOR A HOUSE IN THIS AREA BECAUSE IT'S A BEAUTIFUL AREA. AND I SPECIFICALLY WANTED A NICE VIEW OF THE GREENBELT AND FOUND THAT AND WAS LUCKY ENOUGH TO FIND THAT. AND WITHIN A COUPLE OF MONTHS IN LIVING IN THE HOUSE THAT I'M IN, THIS IS NOW THE VIEW FROM MY BACKYARD. THIS IS THE VIEW WHEN I LOOK OUT A WINDOW IN MY BACKYARD, THIS IS WHAT I SEE. [LAUGHTER] AND THIS IS ONLY ONE OF THE BUILDINGS. THERE ARE TWO OF THESE BUILDINGS AND THIS DEVELOPER HAS THE ABILITY TO BUILD MORE OF THESE. BELOW.....BELOW..... [BUZZER] IT'S LIT UP ALL NIGHT LONG AND THERE ARE HUGE AIR CONDITIONERS THAT ARE BUILT -- THEY BUILT THE PARKING GARAGE RIGHT OVER THE GREENBELT THAT ARE EXTREMELY LOUD. SO YOU CAN HEAR THE NOISE ON THE GREENBELT, YOU CAN HEAR THE NOISE IN BARTON HILLS. AGAIN, I KNOW THIS IS NOT STRATUS, BUT THIS IS LIKE WHAT COULD BE HAPPENING MORE -- MORE OF WHAT COULD BE HAPPENING. SO I JUST HOPE THAT, YOU KNOW, SOMETIMES A PICTURE SAYS A LITTLE BIT MORE THAN WORDS, AND I HOPE YOU LOOK AT THIS AND CAN SEE THAT.

Mayor Garcia: THANK YOU VERY MUCH.

THIS IS NOT WHAT WE WANT IN OUR BACKYARDS. THANK YOU. [APPLAUSE]

Mayor Garcia: STEVE BEERS AND FOLLOWING MR. BEERS, RYAN GREEN.

WHAT NUMBER ARE WE ON?

Mayor Garcia: 134.

MR. MAYOR, I HAVE NOTES HERE FROM BOB RUSSELL. I'M GIVING MY THREE MINUTES TO STEVE BEERS. HE'S NUMBER 385. I'M GIVING MY TIME TO STEER BEERS, RUSTY MIDDLE....... MIDDLETON.

Mayor Garcia: ARE THEY HERE?

SHANDRA IS. HAROLD DANIEL IS ALSO VOLUNTEERING HIS TIME.

[INAUDIBLE]

SO I HAVE UP TO 12 MINUTES; IS THAT CORRECT?

Mayor Garcia: GIVE HIM 12 MINUTES.

I'LL TRY NOT TO USE IT ALL. SORRY ABOUT THESE NOTES. I DIDN'T KNOW WHAT THE PROCESS WAS. WELL, YOU ALL KNOW ME, I'M STEVE BEERS. I'VE BEEN INVOLVED IN A LOT OF COMMUNITY ISSUES OVER THE YEARS, BUT ONE THAT'S ESPECIALLY CLOSE TO MY SKIN IS BARTON SPRINGS BECAUSE IT'S A VERY BRACING EXPERIENCE, AND WHEN YOU GET OUT, ALL THOSE CARES OF THE BUSTLING CITY JUST KIND OF MELT AWAY AND YOU, YOU KNOW, YOU REALIZE THAT HOUSTON, DALLAS, 100 OTHER CITIES, THEY DON'T HAVE ANYTHING LIKE THIS. THEY DON'T HAVE A NATURAL SPRING-FED SWIMMING HOLE IN THE MIDDLE OF TOWN. AND I THINK THAT WHEN WE'RE STUCK IN TRAFFIC, WHEN OUR TAXES ARE GOING THROUGH THE ROOF, WHEN WE'RE FED UP, THAT TO BE TOLD THAT BARTON SPRINGS IS CLOSED FOREVER MAY JUST KILL THE BLOOM ON OUR ECONOMIC ROSE AS WELL AS OUR QUALITY OF LIFE. AND I'VE LONG LOOKED AND LONGED FOR DEVELOPERS AND CHAMBER OF COMMERCE THAT TRULY MEAN THE COLLABORATIVE VERBIAGE THAT THEY SPEW. BUT THEIR ACTIONS BELIE THEIR WORDS. I'VE NEVER SEEN THE REAL ESTATE COUNCIL OF AUSTIN, FOR INSTANCE, ACTUALLY LOBBY FOR AN ENVIRONMENTAL LAW. BUT YET THEY SAY, WELL, WE'RE ALL ENVIRONMENTAL. THAT'S WHAT I HEARD THE CIRCLE C HOMEOWNERS ASSOCIATION, NOT THE CIRCLE C NEIGHBORHOOD ASSOCIATION. THAT'S WHAT I HEARD THE CIRCLE C HOMEOWNERS ASSOCIATION, OF COURSE WE ALL ARE ENVIRONMENTALISTS. BUT WHO IS IN HERE FIGHTING FOR OUR WATER AND OUR AIR AND OUR LAND? I WANTED TO COVER THREE POINTS. ONE IS ABOUT JUSTICE. STRATUS, IT'S PREDECESSOR COMPANY, FM PROPERTIES, ACQUIRED THIS AFTER THE VOTE IN 1 #-..... 1992, BUT BEFORE THEY LOBBIED THE GRANDFATHER LAW INTO EXISTENCE. THESE PEOPLE DO NOT HAVE AN INVESTMENT-BACKED EXPECTATION OF A REASONABLE INVESTMENT-BACKED EXPECTATION OF ENTITLEMENTS. THEY LOBBIED THESE ENTITLEMENTS INTO EXISTENCE. BUT WE ALL KNOW JUSTICE DOESN'T RULE THE WORLD, SO I'LL TALK ABOUT LAW. [LAUGHTER] THERE ARE EXISTING AGREEMENTS THAT COVER THIS LAND. WHICH BILL BUNCH MENTIONED EARLIER. I HAVE EX SERPTSZ OF THEM THAT I'M GOING TO PASS OUT TO YOU. EXCERPTS. WHAT DO THESE AGREEMENTS SAY? THE OWNER SHALL BUILD -- THIS IS ON THE -- THIS IS ON THE NEXT TO LAST PAGE. LET'S SEE IF I CAN FIND IT HERE. IT SAYS THE OWNER SHALL BUILD ALL ARTERIAL ROADWAYS AT THEIR OWN EXPENSE. IT ALSO SAYS, WHICH I DON'T KNOW IF YOU GUYS CAN SEE THIS, IT'S KIND OF A NARLY OLD PLAN, BUT WHAT IT SHOWS IS AN EIGHTH OF AN ACRE SITE RESERVED FOR A FIRE STATION. IT'S IN THE ORIGINAL 1984 LAND PLAN. IT'S IN THE 193 LAND PLAN AND SEVERAL PRELIMINARY PLANS. I DON'T KNOW IF THIS REPRESENTS A DEDICATION OF A SITE, BUT I WOULD LIKE TO KNOW IF THAT'S THE CASE. SO WE'RE PAYING FOR THIS FIRE STATION THAT MAY POSSIBLY HAVE BEEN DEDICATED ALREADY, WE'RE PAYING FOR THESE ROADWAYS THAT IN THIS EXISTING AGREEMENT SAYS THEY ARE GOING TO HAVE TO PAY FOR. IT ALSO SAYS IN A MEMORANDUM THAT THE DIRECTOR OF PUBLIC WORKS SHALL DETERMINE WHETHER THE CITY SHOULD ACQUIRE OR OTHERWISE PRESERVE PARK LAND OR GEOLOGIC SITES THAT ARE IDENTIFIED AS SENSITIVE. I DON'T KNOW IF YOU ACTUALLY GOT THAT REPORT, BUT IT'S IN THE MEMORANDUM TO THIS AGREEMENT. YOU DON'T HAVE IT WITH YOU, BUT IT'S EXHIBIT G. ON THE FOURTH PAGE AGAIN, IT SAYS THE OWNER AGREES TO DEDICATE APPROXIMATELY 301 ACRES ALONG THE SOUTHERN BRANCH OF SLAUGHTER CREEK AS PARK LAND. THEY ARE OFFERING TO GIVE 150 ACHE TOARS PRIVATE GROUPS, WILD FLOWER CENTER, BUT THEY DON'T MENTION THEY ARE CURRENTLY REQUIRED TO DONATE 300 ACRES THAT THEY HAVEN'T GIVEN YET. BILL ARMSTRONG CLAIMS THAT UNDER THE OLD PLANS THEY COULD BUILD OVER 6 MILLION SQUARE FEET OF COMMERCIAL DEVELOPMENT AND OVER 3,000 APARTMENTS. HE DOESN'T MENTION IN TODAY'S PAPER THAT HIS AGREEMENT WITH US FISH AND WILDLIFE FORBIDS THIS. LET'S TAKE THE STATEMENT AT FACE VALUE AND GO BACK TO THE ORIGINAL AGREEMENT WHERE IT SAYS IT'S ACKNOWLEDGED AND AGREED THAT THE DENSITIES AND LAND USE INTENSITIES REFLECTED ON THE LAND PLAN ARE NOT GUARANTEED LEVELS OF DEVELOPMENT BUT REPRESENT THE MAXIMUM LEVELS SUBJECT TO REDUCTION. WHAT ABOUT WATERSHED ORDINANCES? IT SAYS ALL DEVELOPMENT WITHIN THE DISTRICT -- THIS IS THE OLD M.U.D. DISTRICT THAT IS NOW DISSOLVED R BUT JUST TO BE CLEAR ON THE FRONT PAGE IT SAYS LAND WITHIN THE DISTRICT, SO I THINK THAT'S PRETTY CLEAR. IT SAYS ALL DEVELOPMENT WITHIN THE DISTRICT SHALL COMPLY WITH APPLICABLE SPECIAL WATERSHED ORDINANCES AS AMENDED FROM TIME TO TIME. I THINK A PLAIN READING OF THAT MEANS S.O.S. BUT WE'VE TALKED ABOUT JUSTICE, WE TALKED ABOUT LAW. NOW TO COMMON SENSE. BECAUSE I'M SURE YOU CAN FIND 85 MILLION LAWYERS WHO SAY THAT THE PLAIN LANGUAGE IN THIS AGREEMENT IS SOMEHOW INVALIDATED BY LATER STATE LAW. BUT LET'S JUST ASSUME FOR THE SAKE OF THE ARGUMENT THAT THEY MAY SOMEHOW HAVE GAINED THE SYSTEM AND DEFEATED THE MEANING OF THESE COVENANTS. WELL, IF THAT CAN HAPPEN TO THE OLD AGREEMENT THAT THIS LAND IS CURRENTLY UNDER, WHY CAN'T IT HAPPEN TO A NEW ONE? YOU ALL PASSED THIS AGREEMENT, AND THESE PEOPLE WILL JUST GO TO THE LEGISLATURE AND PASS ANOTHER LAW. IT'S A DOOR THAT SWINGS ONE WAY, WHICH IS IT LOCKS US IN SO WE CAN NEVER GET ANYTHING BETTER, BUT THEY ARE FREE TO GO TO THE LEGISLATURE AND GET SOMETHING WORSE. I THINK THAT WE WOULD BE ACTUALLY SAFER TO JUST GO AHEAD AND ZONE THIS LAND AND NEVER GIVE THEM $15 MILLION AND NEVER -- NEVER SIGN THIS AGREEMENT. [APPLAUSE] [CHEERS AND APPLAUSE] PUT THEM UNDER S.O.S. AND IF THEY ARE CREATIVE, THEY CAN PROBABLY BUILD A MILLION SQUARE FEET AND 900 APARTMENTS WITHIN THE S.O.S. FOOTPRINT. THEY CAN PROBABLY DO THAT. IT SURE LOOKS THAT WAY TO ME WITH A CLOSE STUDY OF IT. SO I DON'T REALLY SEE WHY WE NEED ALL THE REST OF THIS BAGGAGE. ANOTHER ALTERNATIVE IS SIMPLY TO VOTE FOR TRACT 11 5 BY ITSELF SINCE THAT SEEMS TO BE THE LEAST CONTROVERSIAL. IT'S HALF THE ACREAGE AND IT IS UNDER S.O.S. AND GIVE MORE TIME TO CONTINUE THE PROCESS ON THE OTHER SEVEN TRACTS. NO, IT'S NOT SEVEN TRACTS, ACTUALLY IT'S 14 TRACTS, YEAH. SO THAT WE CAN CONTINUE WHAT WE'VE BEEN DOING WITH THE STAKEHOLDER DIALOGUE. I WILL SALUTE STRATUS THAT I HAVE HEARD THAT THEY ARE GETTING MORE FLEXIBLE ABOUT SOME THINGS. FOR INSTANCE, THE TRACT 107 WHERE THE 43% IMPERVIOUS COVER WAS, I HEARD THE OTHER DAY THEY WERE WILLING TO MAYBE MOVE THE GROCERY STORE OVER TO TRACT 106. I THINK THAT'S KIND OF GOING FROM THE FIRE TO THE FRYING PAN, BUT IT DOES SHOW SOME CREATIVITY. AND, YOU KNOW, THIS IS NOT NOTHING. I MEAN ONE REASON I STAYED AT THE STAKEHOLDER TABLE WHEN BILL BUNCH LEFT IS THAT I REALLY THOUGHT THAT A COMPROMISE MIGHT BE REALLY BEST FOR ALL CONCERNED SO THAT WE AROUND DRAGGED THROUGH THE LEGAL MILL. BUT FRANKLY, IN THREE MONTHS OF DISCUSSION, THEY REALLY HAVEN'T BUDGED. ALL THE CONCERNS THAT WE RAISED, I MEAN SINCE THE BASIC NUMBERS WERE SET, THERE'S BEEN NO PROGRESS. AND, YOU KNOW, IT'S LIKE BILL BUNCH SAYS A MILLION SQUARE FEET OF COMMERCIAL IS TOO MUCH. I TOLD HIM IT MAKES A DIFFERENCE TO ME WHETHER IT'S THE FIRST MILLION IN THIS AREA OR THE LAST. AND WHAT I WANTED WAS A COMMITMENT TO A REAL PLAN TO SAVE THE AQUIFER. THAT MIGHT MAKE THIS GO DOWN A BIT EASIER. BUT WE HAVEN'T GOTTEN THAT, NOT FROM YOU, NOT FROM THEM, NOT FROM ANYBODY. AND I'M JUST TIRED OF THIS STONEWALLING. I DON'T THINK THERE'S A REAL PARTNERSHIP ATTITUDE HERE. I CAN'T BELIEVE THAT THE HEAD LINE WITH BILL ARMSTRONG'S INTERVIEW IS BUILDING A PARTNERSHIP. [LAUGHTER] SO JUST FINISH UP THERE, I THINK -- I THINK WE CAN DO BETTER. I THINK WE HAVE TO DO BETTER. IF IT'S GOING OUT ON A LIMB TO MAKE A LEGAL CASE AGAINST THIS -- AGAINST THIS DEVELOPMENT TO DEFEND OUR ORDINANCES, IF IT'S A LONG SHOT, I SAY IT'S WORTH IT. AND -- [APPLAUSE] A COUPLE OF REQUESTS. KAREN HADEN ASKED TO PLEASE ALLOW THOSE WHO CANNOT BE HERE JULY 11th TO SPEAK TONIGHT. ANOTHER FELLOW SAID IF YOU WERE SIGNED UP AND WAND TO GO HOME NOW, IF THEY CALLED YOUR NAME, WOULD THAT MEAN YOU COULDN'T SPEAK NEXT TIME. SO I SAID I WOULD PASS ALONG THOSE QUESTIONS ABOUT IT. THAT'S IT. THANKS. [APPLAUSE]

Mayor Garcia: STEVEN BELL. IS MR. STEVEN BELL HERE? HE WILL BE -- HIS CARD WILL BE RETAINED FOR NEXT -- JULY 11th HEARING. HE WAS SIGNED UP TO SPEAK. HE WISHES TO SPEAK. RYAN GREEN. HE WISHES TO SPEAK SO HE WILL BE RECOGNIZED ON THE 11.. 11th. COLLEEN LEE. WISHES TO SPEAK. JIM O'REILLY ALREADY SPOKE. R. ALLEN YOUNG. HE WISHES TO SPEAK SO HE WILL BE RECOGNIZED ON THE 11.. 11th. ROBIN CRAVEY WISHES TO SPEAK. MARION [INAUDIBLE]. YOU ALREADY SPOKE, RIGHT? DID MS. MUDLOCK ALREADY SPEAK?

[INAUDIBLE].

Mayor Garcia: WILL BE RECOGNIZED NEXT WEEK. PAUL MULLEN. RECOGNIZED NEXT WEEK. BARBARA ANDERSON. KEN HAYS. HE DONATED HIS TIME TO BILL BUNCH. RUSTY OSBORNE. ALL THOSE WILL BE RECOGNIZED NEXT WEEK. THE 11th.

[INAUDIBLE]

Mayor Garcia: HE SPOKE ALREADY. PULL HIM OUT OF THERE. REED MURRAY. ANN COLLETTE. JAMES COLLETTE. LEE WISE. BILL OLIVER. [APPLAUSE] MR. OLIVER WILL GET NINE MINUTES. [APPLAUSE] THAT'S TWO SONGS AT FOUR AND A HALF MINUTES A SONG.

COULD BE WORSE. YOU ARE RIGHT. YES, MY LOVELY BACKGROUND SINGERS AREN'T HERE NOW. THANK YOU ALICIA AND BIG CHAMPION. GOLLY. LAST WEEK I WENT TO SEE THE CREATURE FROM THE BLACK LAGOON. AT DEEP EDDY. DID ANYBODY ELSE GO? IN 3-D. ACTUALLY IT WAS NOT THE CREATURE FROM THE BLACK LAGOON. I THOUGHT I WAS GOING TO STEE THE CREATURE....SEE THE CREATURE FROM THE BLACK LAGOON. MAYOR PRO TEM, I LOVE THE WAY YOU REFERRED TO THE CREATURE EARLIER. THE MOVE..... MOVIE WAS THE RETURN OF THE CREATURE OF THE BLACK LAGOON IN 3-D. WE BROUGHT 3-D GLASSES TONIGHT BECAUSE IT WAS A LITTLE EASIER TO SEE THE CREATURE WITH THOSE GLASSES. MAYBE HERE TONIGHT. IT WAS A LOVELY CREATURE. OKAY. [MUSIC PLAYING] (music) THERE'S A GHOST FROM THE PAST I THINK I HEAR ON BARTON SPRINGS. IT'S JIM BOB IN THE STRATOSPHERE, BARTON SPRINGS. THEY'VE DEVELOPED THEIR OWN STRATUS QUO, WE'VE BEEN BODY OVER BY STRATUS PROS, IT'S ANOTHER THREE PART OVERDOSE, THE BARTON SPRINGS [INAUDIBLE] (music) (music)ABLE WE'RE SUBSIDIZING BARTON SPRINGS [INAUDIBLE], SUBDIVIDING, COMPROMISING BARTON SPRINGS (music) (music) IT'S HARD TO SIDE WITH THE HIGH RISE COMMITTING TO US SEWER-SIDE -- [LAUGHTER] SOME WOULD CALL IT HOMICIDE OF BARTON SPRINGS RETURNS (music) THE FANCIEST STORES THAT WE CAN MUSTER FOR BARTON SPRINGS, BUT A CLUSTER IS A CLUSTER IS A CLUSTER IS A CLUSTER, BARTON SPRINGS ETERNAL. IT'S BEEN PROVED, VOTED AND PLANNED, THERE'S TOO MUCH CLUSTER AND TOO LITTLE LAND, THIS SHOULD BE CLUSTER'S LAST STAND. [LAUGHTER] [APPLAUSE] (music) BARTON SPRINGS RETURNS (music)

THANK YOU. [MUSIC PLAYING] (music) WHAT'S THE USE? HELP ME WITH THAT. (music) WHAT'S THE USE? THAT'S GOOD. (music) WHAT'S THE USE? (music) WHAT'S THE USE? (music) WHAT'S THE USE OF HAVING AN ORDINANCE IF YOU LET IT EXPIRE (music) (music) WHAT'S THE USE OF HAVING AN IRON IF YOU DON'T HOLD IT TO THE FIRE? (music) WHAT'S THE USE OF BEING GRASS ROOTS IF YOU DON'T LET THEM GROW? (music) WHAT'S THE USE OF RIVERS IF YOU DON'T LET THEM FLOW?

(music) WHAT'S THE USE?

BEAUTIFUL. (music) WHAT'S THE USE? DEEPER. (music) WHAT'S THE USE? GOOD. (music) WHAT'S THE USE OF BEING A REFEREE IF YOU NEVER SAY FOUL? FOUL! (music) WHAT'S THE USE OF BEING A GUARD DOG IF YOU NEVER GROWL?

GROWL!

(music) WHAT'S THE USE OF BEING A RAGING BULL IF YOU ACT LIKE A COW?

MOOO!

(music) WHAT'S THE USE OF BEING A COYOTE IF YOU NEVER HOWL? [HOWLING)

(music) WHAT'S THE USE? WHAT'S THE USE? A LITTLE VARIATION. DEJA VU. AGAIN. (music) DEJA VU. (music) DEJA VU. GARY BRADLEY, FREEPORT MCMORAN. (music) GARY BRADLEY, FREEPORT MCMORAN. (music) JIM BOB MOFFETT, FREEPORT MCMORAN. (music) JIM BOB MOFFETT, FREEPORT MCMORAN (music) I'M SORRY, SEEMS LIKE WE'VE BEEN HERE SO MANY TIMES BEFORE. GOOD MORNING. (music) NOW WE CAN SIT AND MARVEL AT WHAT IT WAS, BARTON SPRINGS ETERNAL. (music) TELL OUR GRANDKIDS ABOUT THE GRANDFATHER CLAUSE. (music) YOU CAN PUT TONIGHT A SUIT, YOU CAN PUT IT IN A DRESS, BUT DON'T TELL US IT IS IF IT AIN'T S.O.S. (music) IT'S BEEN TEN YEARS, WE WANT NOTHING LESS THAN BARTON SPRINGS ETERNAL. (music) BARTON SPRINGS ETERNAL (music) [CHEERS AND APPLAUSE] [CLAPPING]

Mayor Garcia: KIRK MITCHELL. KIRK MITCHELL. GAIM MAYOR,...........

Goodman: AS KIRK COMES UB, CREATURES WAS PLURAL, IT WAS TO COVER SALAMANDERS, FROGS AND FISH.

Mayor Garcia: MR. MITCHELL, YOU HAVE ONE PERSON GIVING YOU TIME SO YOU HAVE SIX MINUTES.

OH, MAN. I LOST MY NOTES.

Mayor Garcia: THAT'S WHAT THE --

I WAS RUNNING FOR COFFEE AND PIZZA AND I DON'T HAVE MY NOTES SO I KNOW YOU ARE GOING TO BE DISAPPOINTED IN THAT. THANK YOU, MAYOR AND COUNCILMEMBERS, FOR THE OPPORTUNITY TO SPEAK. I'M KIRK MITCHELL, CHAIRMAN OF THE BOARD OF SAVE OUR SPRINGS ALLIANCE. HAVE I SOME OBSERVATIONS -- I HAVE SOME OBSERVATIONS ABOUT GOVERNING THE CITY. THERE ARE TIMES WHEN YOU ARE CALLED UPON AS LEADERS TO TAKE SOME RISKS FOR THE WILL OF THE PEOPLE TO BE SERVED. NOTHING IS GUARANTEED. WELL, NOW THERE ARE SOME THINGS THAT ARE CLOSE, AND ONE WOULD BE, FOR EXAMPLE, WHEN EUROPE....... YOU ARE OPPRESSED, YOU CAN JUST SURRENDER, DECLARE VICTORY AND GO HOME WITH YOUR TAIL BETWEEN YOUR LEGS WITH A LOT LESS THAN YOU MIGHT HAVE GOTTEN IF YOU STOOD UP. I KNOW MANY OF YOU ON COUNCIL IF NOT ALL OF YOU HAVE SAID THINGS LIKE THIS SOMEWHERE ALONG THE LINE IN YOUR CAREERS. BUT I NOTICED WHEN PEOPLE GET ON THE COUNCIL, THEY BECOME MUCH MORE REALISTIC, THEY SAY, MUCH MORE SEASONED. AND MUCH MORE COMPROMISED. AND THAT'S NOT A GOOD TREND AND IT CAUSES A LOT OF DISAPPOINTMENT IN THE PUBLIC. SO WHAT I -- I HAVE SOME OBSERVATIONS SPECIFICALLY IN THIS REGARD ABOUT THE S.O.S. LAWSUIT AGAINST THE CITY OF AUSTIN AND STRATUS PROPERTIES REGARDING 1704 ISSUES. COUNCILMEMBER SLUSHER SAID DURING HIS CAMPAIGN AND HE'S NOW SAYING TONIGHT, WELL, YOU KNOW, YOU GUYS GOT THE SAME ADVICE THAT WE GOT. WELL, WHAT WE GOT I CAN SHARE -- I'M NOT UNDER SWORN OATH, PUBLIC OATH TO PRESERVE OUR EXECUTIVE SESSION CONVERSATIONS AND. I'M NOT GOING TO TELL YOU ALL OF IT, BUT I WILL SAY THIS YEAR'S AGO WE HEARD IT WOULD BE EXPENSIVE FOR A NON-PROFIT ORGANIZATION THAT HAS HABITUALLY HAD HIGH IMPACT WITH A SHOESTRING BUDGET NEVER EXCEEDING $250,000 IN A SINGLE YEAR TO PROSECUTE AND LARGE AND COMPLEX LAWSUIT RELATED TO 1704 ISSUES. WE WERE CONSTRAINED AT THAT TIME BY A CHAIR WHO WAS IN THE PROCESS OF DEFUNDING THE LAW AND NOT RAISING MONEY. ROBIN RATHER, A TOTAL FAILURE. HE WAS DRIVEN FROM OUR BOARD FOR BREACH OF TRUST, ONE OF THE LEADERS OF THE ENVIRONMENT THESE DAYS THAT IS PROBABLY ENDORSING THIS DEAL, ALTHOUGH I NOTICE SHE'S NOT HERE TONIGHT. BEFORE THAT SHE WAS DEFUNDING THE LAW PART OF OUR ORGANIZATION AND WE DIDN'T HAVE ENOUGH LEGAL RESOURCES TO PROSECUTE A LAWSUIT. BUT THE CITY OF AUSTIN HAS TAXING AUTHORITY. AND YOU'VE CERTAINLY FOUND THAT OUT WHEN IT CAME TIME TO SUB SI....... SUBSIDIZE TO THE TUNE OF $100 MILLION OF SUBSIDIES IN THE LAST THREE YEARS ALL KINDS OF UNDERSTANDS THAT BENEFITED PRIVATE CORPORATIONS, DEVELOPERS AND WHAT HAVE YOU. IF WE HAD THE $15 MILLION -- OKAY, JUST TAKE -- DARRELL IS ALWAYS FOND OF SAYING IT'S NOT CASH, I SAY IT IS A BOMB LINE PROBLEM FOR TAXPAYERS. BUT EVEN IF YOU CONSIDER IT TO BE WORTH ONLY WORTH 5 MILLION BUCKS OF CASH, IF YOU WOULD HIRE S.O.S. WITH $5 MILLION, WE COULD SAVE A HELL OF A LOT MORE THROUGH OUR WORK THAN YOU GUYS HAVE BEEN DOING BY SUBSIDIZING OUR OPPRESSORS. [CHEERS AND APPLAUSE] SO MAYBE WE COULD AT LONG LAST FEEL LIKE WE COULD GET BEYOND THE 11th HOUR AND 59 MINUTES SO WE DID NOT HAVE TO FEEL CONSTRAINED OF DOING ALMOST ENTIRELY LEGAL WORK TO PLUG THE DIKE WITH OUR FINGERS BECAUSE OUR CITY WHICH HAS SWORN AN OATH, LEADERSHIP OF OUR CITY HAS SWORN AN OATH TO UPHOLD THE CHARTER AND ORDINANCES THE CITY OF AUSTIN AND OF COURSE THE CONSTITUTION AND ALL THOSE GOOD THINGS TOO. YOU ARE FAILING TO DO THAT IN THE FORM OF ACQUIESCING WHEN YOU SHOULD BE FIGHTING TO PRESERVE OUR HOME RULE POWERS WHICH YOU LEAVE TO OFTEN -- NOT TO SAY YOU'VE NEVER DONE IT, YOU'VE DONE IT OFTEN A DAY LATE, DOLLAR SHORT, AND WHEN IT COMES TO THE LEGISLATURE A VERY CLUMSY MANNER SO WE BECOME THE LAUGHING STOCK OF THE LEGISLATURE BECAUSE WE HAVE A CLUMSY STRATEGY OF HOW TO CHANGE THAT OPPRESSION FROM THE LEGISLATURE. BUT REGARDING THE LAW, YOU COULD HAVE DONE SO MUCH MORE THAN YOU HAVE DONE -- SURE, YOU'VE DONE A FEW CASES, BUT YOU NEEDED TO DO ALLOTTED MORE TO PROTECT S.O.S. ORDINANCE AND OTHER ELEMENTS OF OUR HOME RULE POURS THAT HAVE BEEN AFFECTED BY 1704. YOU SHOULD BE JOINING US IN OUR LAWSUIT. YOU SHOULD FLIP. YOU SHOULD NOT BE OUR OPPONENT IN THIS LAWSUIT. I DO NOT WANT TO SEE THE LEADERS OF MY CITY SAYING WE WILL GO INTO COURT AND TELL THE WORLD WE DO NOT WANT TO PRESERVE OUR HOME RULE POWERS. THAT WOULD BE A SHAME. I MEAN A DEEP SHAME. I'M TALKING ABOUT THE KIND OF SHAME THAT LASTS FOR GENERATIONS. [APPLAUSE] SO THE ANSWER TO DARYL SLUSHER'S QUESTION WHY DIDN'T YOU SUE, FIRST OF ALL, WE DIDN'T -- NO ONE IN THIS ROOM ELECTED US TO DO THAT JOB, WE DO IT ANYWAY WITH VOLUNTEERS, WITH LIMITED RESOURCES, WITH DONATED FUNDS THAT ARE NEVER SUFFICIENT. WE PAY OUR LAWYERS A THIRD, A FOURTH, A FIFTH OF WHAT SOME OF YOUR BEST LAWYERS FOR THE CITY DO. YOU HAVE DOZENS, I GUESS MAYBE 100 OF THEM, WE'VE GOT ONE, TWO, THREE AT A STIEM. WE CAN'T TAKE EVERYTHING ON EVEN THOUGH WE WOULD LIKE TO. [BUZZER] WE NEED YOU TO DO YOUR JOB AND THERE'S NO WAY WE CAN DO IT FOR YOU. [APPLAUSE] WE DO NOT HAVE YOUR AUTHORITY, TAXING POWER. WE SOMETIMES DO NOT HAVE YOUR STANDING TO DO SO. THANK YOU. APPLAUSE PLUS............. [APPLAUSE]

Mayor Garcia: ALFREDORESSA.

HE'S HERE.

Mayor Garcia: WHERE IS HE? AND MR. SINGLETON, YOU'VE GOT THREE MINUTES ON THE ZONING AND INNING........... AND I THINK YOU WANTED OUT THE OTHER SIDE. YOU GET IT AFTER MR. RESSA. MR. RESSA HAS THREE MINUTES.

AM I ON?

Mayor Garcia: YOU ARE ON. WELCOME, SIR.

LET'S SEE. I GUESS I WAS ONE OF THE POLITICAL PRISONERS OF FREEPORT BECAUSE I WAS ARRESTED AT U.T. FOR THROWING ALGAE AT THE JIM BOB MOFFETT BUILD. [LAUGHTER] THEY INCOURSE RATED ME TWICE -- INCARCERATED ME TWICE FOR THAT. THE REASON I DID THAT WAS I WORKED ON BARTON CREEK AND I GOT OFF WORK OFTEN GOT SOME ALGAE FLOATING RIGHT THERE. I DIDN'T EVEN HAVE TO GO OUT INTO THE WATER TO PICK IT UP, IT WAS RIGHT THERE AND I JUST GOT A BUCKET FULL OF ALGAE, REDLEY WAS RIGHT THERE AND I TOOK IT TO THE CAMPUS AND THERE WAS A DEMONSTRATION GOING ON AT THE JIM BOB MOFFETT BUILDING WHICH THE UNIVERSITY NAMED AGAINST THE WISHES OF THE STUDENT POPULACE, WHICH AT THE TIME I WAS A STUDENT AT U.T. AND THAT'S WHEN I DECIDED THAT I WAS GOING TO THROW-EFFLUENT -- BACK WHERE IT BELONGED AND I THREW IT ON THE BUILDING. U.T. PD TOOK ME TO JAIL. TRAVIS COUNTY PICKED ME UP ABOUT A YEAR AND A HALF LATER AGAIN FOR THE SAME THING. ANYWAY, I GOT IT EASY. OTHER POLITICAL PRISONERS OF FREEPORT DON'T GET IT TO EASY. AND EARY AND JIA ARE -- OF NEW GUINEA AS PEOPLE THERE CALL IT. WHEN THEY SPEAK OUT AGAINST FREEPORT SECURITY EITHER KILLS THEM OUT RIGHT OR TORT YOURSELF THEM AND FREEPORT CONTAINERS OR THROWS THEM OUT OF HELICOPTERS OR DISPLACES THEM FROM THEIR LAND AND ULTIMATELY FREEPORT HAS DISPLACED SEVERAL INDIGENOUS TRIBES WHICH ARE STILL STONO AGE TRIBES, THEY STILL HUNTED WITH BOWS AND ARROWS AND STILL WALK AROUND WITH LITTLE -- BARELY WEARING ANY GARMENTS AT ALL. AND FREEPORT, JIM BOB HAS LITTLE REGARD FOR THOSE PEOPLE, JUST LIKE THEY HAVE LITTLE REGARD FOR ANY OF US. AND IN FACT, I'M NOT GOING TO REPEAT WHAT JIM BOB SAID BECAUSE IT WAS KIND OF PROFANE, BUT HE HAD A SLIDE SHOW GOING ON AND HE HAD THIS NEW GUINEA TRIBESMAN WORKING AT THE HOTEL IN INDONESIA AND SAID SOMETHING LIKE WELL, THIS GUY IS OBVIOUSLY HAPPY TO BE WORKING AT FREEPORT BECAUSE HE'S NOT HUNTING IN WORDS LIKE HE WOULD BE BEFORE. ANYWAY, THERE'S A BIG MOUNTAIN -- THERE USED TO BE A BIG MOUNTAIN THERE THAT HOLDS THE WORLD'S LARGEST GOLD RESERVE, AND UNFORTUNATELY FOR PREPORT THERE WAS THESE STONEAGE TRIBES THERE, BUT BECAUSE OF KISSINGER, HE WAS REALLY CLOSE FRIENDS WITH THE PRESIDENT AT THE TIME AND SUARTA JUST SENT IN A BUDGE OF SOLDIERS AND THEY ANILE EIGHT THESE PEOPLE AND THEY KILLED SEVERAL HUNDRED OF THEM AT A PROTEST DEMONSTRATION, AND BASICALLY ABOUT THE AMOUNT OF PEOPLE THAT WERE OUT HERE EARLIER TODAY, IMAGINE A.P.D. COMING IN WITH MACHINE GUNS AND JUST LIKE MASSACRING EVERYBODY. KILLING THEM. AND THEN A YEAR LATER WHEN THERE WAS A FUNERAL, A.P.D. CAME AND KILLED EVERYBODY ELSE. ANYWAY, THAT'S THE KIND OF -- THAT'S WHAT FREEPORT DOES IN OTHER COUNTRIES, AND THEY DON'T REALLY TREAT THE REST OF THE UNITED STATES WITH ANY RESPECT. I WENT TO ST. JAMES PARISH IN LOUISIANA. IT'S ON THE MISSISSIPPI. AND THERE FREEPORT HAS A RADIOACTIVE GYPSUM PILE TO SHORE OF THE MISSISSIPPI RIVER. AND I DON'T KNOW IF ANYBODY HERE HAS SEEN IT, I KNOW A FEW PEOPLE HERE HAVE SEEN IT, BUT THIS PILE IS 90 FEET TALL, IT'S LIKE NINE FOOTBALL FIELDS IN AREA, IT'S BIGGER THAN THE NEW CITY COUNCIL CHAMBERS. IF YOU PUT IT NEXT TO THE CITY COUNCIL CHAMBERS IT WOULD DAFERB....... DWARF THE WHOLE BUILDING. IT WOULD MAKE IT LOOK LIKE A LITTLE STRUCTURE NEXT TO THIS BIG RADIOACTIVE GYPSUM PILE THAT EVERY TIME IT RAINS WASHES OFF INTO DID MISSISSIPPI RIVER. -- INTO THE MISSISSIPPI RIVER. AND FOR THAT FACILITY WHICH THEY EXTRACT URANIUM FROM GYPSUM -- LET'S SEE, PHOSPHATE ROCK THAT THEY STRIP MINE CLOSE TOTAL HAS I IN FLORIDA, THEY SHIP IT ACROSS THE GULF. AND THEN AT THE ST. JAMES PLANT, ST. JAMES PARISH PLANT THEY MAKE IT INTO FERTILIZER AND URANIUM, WHICH IS ASSEMBLED INTO NUCLEAR WEAPONS AND PEACEFUL NUCLEAR GENERAL SIDE REACTORS -- GENOCIDE REACT ORES. BASICALLY FREEPORT HAS A LONG HISTORY OF ENVIRONMENTAL DEGRADATION AND CIVIL RIGHTS ABUSES AND MURDEROUS -- I MEAN THEY ARE WAR CRIMINALS. IF YOU LOOK AT THEIR RECORD IN INDONESIA, THEY ARE CERTIFIED -- CIRTIN....... CERTIFIABLE WAR CRIMINALS AND I THINK JIM BOB AND HENRY KISSINGER SHOULD BE PUT IN FRONT OF A TRIBUNAL BECAUSE OF WHAT THEY'VE DONE OVER THERE. IT APPALLS ME THIS COUNCIL IS CONSIDERING GIVING THESE MURDERERS $15 MILLION OF OUR MONEY. THESE GUYS ARE CRIMINALS. THEY ARE CRIMINALS AND WE SHOULD NOT BE GIVING THEM ANY MONEY AND WE SHOULDN'T BE MAKING ANY DEALS. I WOULD LIKE THE REMIND ALL THE PEOPLE ON THIS COUNCIL THAT A LOT OF THE PEOPLE THAT ARE ON THIS COUNCIL GOT INTO OFFICE BECAUSE THEY SAID AT ONE POINT OR ANOTHER THEY WERE GOING TO FIGHT AGAINST FREEPORT.

THAT'S RIGHT!

THAT'S RIGHT!

AND THAT'S WHY WE PUT SOME PEOPLE HERE IN OFFICE, FOR THAT VERY REASON. WHETHER WE LOSE OR NOT IN THE COURTS, IN THE LEGISLATURE, THAT'S -- IT IS THE DUTY OF ELECTED OFFICIALS TO REPRESENT THE PEOPLE AND NOT THESE CORPORATE SCUM BAGS. [CHEERS AND APPLAUSE]

THEY ARE CRIMINALS. THEY SHOULD BE TRIED AND PUT IN PRISON ALL OF THEM.

Mayor Garcia: I'M SORRY. TIME IS UP. THANK YOU. [APPLAUSE]

Mayor Garcia: MR. SINGLETON.

BEFORE MY TIME STARTS, CAN I GET CLARIFICATION ON ONE THING? ARE YOU FINISHED CALLING NAMES FOR THE NIGHT? I HAVE A LIST OF AT LEAST THREE PEOPLE WHO HAVE NOT BEEN CALLED INCLUDING ONE PERSON WHO CAN'T BE HERE ON THE 11th. DO YOU HAVE THE NAMES OF --

Mayor Garcia: I HAVE ALL THE CARDS. NO, I HAVE NOT FINISHED READING. THERE'S A BUNCH OF NAMES IN THAT LIST, THE PAPER.

OKAY.

Mayor Garcia: THERE'S MORE THAN THREE.

OKAY. I PROBABLY TOLD YOU BEFORE ABOUT WOODY ALLEN LOVE AND DEATH. HIS CHARACTER IS SCHEDULED TO BE EXECUTED AT 7:00, BUT HE SAYS I WAS SUPPOSED TO BE AT 6:00, BUT I HAD A GOOD LAWYER. THAT'S THE WAY I FEEL ABOUT THIS DEVELOPMENT AGREEMENT, THAT THIS IS GOOD LAWYERING THAT WE'RE GOING TO BE SCOOTED AT 7:00 INSTEAD OF 6:00. OH, GOD, THREE MINUTES TO SINK A BATTLE SHIP AND I'M ARMED ONLY WITH A CAN OPENER. LET'S SEE HOW MANY HOLES I CAN OPEN.

[ONE MOMEMT, PLEASE, FOR CHANGE IN CAPTIONERS]

ONE LAST POINT. THERE'S BEEN A LOT OF TALK ABOUT END OF THE FIGHTING. TRAVIS HAS THE ABILITY TO END THE FIGHTING ON THIS TOMORROW. THEY COULD WITHDRAW THIS PROPOSAL AND COME BACK WITH A PLAN THAT FULLY COMPLIES WITH S.O.S. THAT DOESN'T ASK US FOR ANY MONEY. THE TRUTH IS -- THE TRUTH IS THEY DON'T WANT TO. AND I REFUSE TO GIVE THEM ANY CREDIT UNTIL THEY DESERVE IT. [ APPLAUSE ] AND I THINK ALSO BEAUTY IS IN THE EYE OF THE STAKEHOLDER.

Mayor Garcia: I'M GOING TO READ INTO THE RECORD THE NAMES OF THE PEOPLE -- LET ME GIVE YOU A SUMMARY OF THE MOTION AND THE RULES. THE MOTION THAT WAS MADE AND THE APPLICATION OF THE RULES OF THE COUNCIL, WITH THOSE WE REACHED A CONCLUSION, NUMBER ONE, IF SOMEONE SIGNED UP TO SPEAK BY ONE A.M. ON JUNE 28TH AND HAS NOT DID HE NATE IT HAD TO SOMEONE AND HAS NOT EITHER HAD THEIR NAME READ OFF IN FAVOR WILL BE CALLED. THAT PERSON MAY TESTIFY WHEN THE PUBLIC HEARING IS RECONVENED ON JULY 11th, 2002. REMEMBER THAT REGARDLESS OF WHETHER YOU HAVE SIGNED UP TO SPEAK ON BOTH THE ZONE G AND THE AGREEMENT, YOU ARE ONLY SIGNED UP TO SPEAK ONE TIME FOR NO MORE THAN THREE MINUTES. FURTHER, IN ORDER TO DONATE TIME TO A SPEAKER, THE PERSON MUST BE PRESENT AT THE TIME THE SPEAKER SPEAKS. LET ME TELL YOU THAT RULE, I COULD NOT FOLLOW IT BECAUSE SO MANY PEOPLE SIGNED UP FOR SOME DIFFERENT WAYS THAT I LOST CONTROL OF THAT. AND I WAS NOT THE ONE. I THINK THE CITY CLERK WAS OVERWHELMED ALSO. THIS WAS WHAT WE USED INSTEAD OF CARDS, SO I HAD A HECK OF A TIME. ONCE THE PERSON'S NAME HAS BEEN READ INTO THE RECORD AS NOT WISHING TO SPEAK OR NOT PRESENT UNTIL THE NAME WAS CALLED, THAT PERSON WILL NOT BE RECALLED TO SPEAK ON JULY THE 11th. THESE PEOPLE I AM GOING TO READ INTO THE RECORD INDICATED THAT THEY DONATED THE TIME OR DO NOT WISH TO SPEAK. KEN HAYS REGISTERED AGAINST. JIM CROSS BY REGISTERED AGAINST.

[TECHNICAL DIFFICULTIES - PLEASE STAND BY]

Mayor Garcia: PAGE DONE LAP, KEN MARSH, CHRIS BENTLY, MICHAEL BOW, JERRY DEFREEZE, JIMMY DEFREEZE, SUSAN DESAI. GEORGE WHEEL, KEN SHACK HE WILL FORD, ORION STAR, JILL HUNTER, SHANE SHOW, MARK LITWHILER, ROSEMARY MERSKY AND ROADWAY RERSKY. ELAINE -- JEAN CUMMER, ROVALLE MCKEEVER. THESE ARE ALL PEOPLE SIGNED UP AGAINST NOT WISHING TO SPEAK. MARY CAIN. JIMMY RAY. TRACY HAYNES. MONICA SANCHEZ. MARY AIR HEART, STEVE SURLY, CHRIS KINDLIG. CAROLYN SILVA. DALE GENERAL WITH A, LEE SAYING EITHER, GEORGE SAY GERT. DANA BLANTON, MICHAEL CORAAJSS. LISA CSSALAC. THESE AGAIN WERE PEOPLE WHO INDICATED THEY WOULD NOT SPEAK. DAVID J. AN SELL, CARL BENSON. INGRID MORTON. MARK GOODRICH. MARK GOODRICH WILL SPEAK. ROWENA CALDWELL. BILL FAGELSON, JENNIFER BURGER, JEFF HUNKIN. NANCY TOE. PAT GORDON. LELA PERRY. TRACY THOMAS, MICHAEL THOMAS, DANNY THOMAS, DEANNA THOMAS, JAY THOMAS. IRENE PIQARD. ROBERT SESA. KIM DEAN, TOM LARKIN, CHAN DRA SANSING, NORM RIGHT. GINGER McHE WILL VAI. JENNIFER SHAIFER, ANTHONY BELL, MARCIA LUCAS, ALEX MARTIN, STACY MAPLE, DAN MAY. I'M SORRY. YEAH, HAROLD DANIEL WILL ALSO BE SPEAKING. KATHLEEN TURPIN. KLEMMIE CUMMINS, JASON TUREAU. DANA HALE. MELISSA BRYANT, AN... ANDREW MCKENNA.

HEAR.

Mayor Garcia: OKAY. YOU'RE SPEAKING. HARRY CONNOR SOMETHING. ROGER JENNINGS, CHRISTIE SHAW, A LISH I CAN'T JERRY, ROBERT JERRY, ROBERT HAGEMAN, ROSE STELCA, ROBERT STELCA, ELAINE WAYER. DJ ANDREW. SUSAN BUTTS. JEFF KESSEL. TERRY DILL LADDER, MICHAEL POLACHEK, JIM BARKER, RACHEL KHANNON, CURTIS HERSH, ANGELA HOLLAND, GEORGE NAHER, KATHY MITCHELL, AMINI HAJI. MICHELLE WEST CITY OF AUSTIN -- WEST....SPEAKING. YOU'RE INDICATING THAT YOU DON'T WANT TO SPEAK.

[ INAUDIBLE ].

Mayor Garcia: WHAT? YOU WANT TO CHANGE THAT? OKAY. YOU WANT TO SPEAK. OKAY. I'LL MAKE A NOTE.

[ INAUDIBLE ]

Mayor Garcia: THAT DECISION WILL BE MADE AS SOON AS I READ ALL THIS INTO THE RECORD, OKAY? BURTON PEARSON.

I WOULD LIKE TO CHANGE. I WILL SPEAK.

Mayor Garcia: HE WILL BE SPEAKING. HELENA WILKINS, HILLARY EDWARDS, JOHN LITHGOW, SUE HIHOW, ROSE JOHNSON, DONNA COLVIN, JOSEPH CAIN, HE WILL LIEN BAR TELL, NANCY MORAN, JENNIFER PILES, TOM SMITH KAREN HADDEN WILL BE SPEAKING. FRAN LAMINTEA AND TONE CAMPER. -- TONY CAMPER. MOLLY CLARK. MR. CHAMBERS. AND SOMEBODY'S NAME ELOISE. ANYWAY, THERE'S TWO PEOPLE HERE THAT WILL BE SPEAKING. JEFFREY TODDLY MASTER,, JUDITH O'NEILL, KAREN LOVEDAY, JULIA BOND, MARISSA MILLER, ROBERT K. SHIELDS. JANET HAMPELL, JOSEPH A. KENNEDY. MR. RENE. ALEX LIGHT. ASHA GANNELL, PAUL SHIRLEY, ANDREW BAIRD. GEORGE COVER WILL BE SPEAKING. DAN KELLY HOPE. DAVID ANDREW BAINES. NOT SPEAKING SUSANLY SACK, GEORGE WHEEL, JEFF HUNTER, JILL HUNTER, O'NEILL SPAR, DAN SHACKLEFORD. MARK LIT WHEEL WHILER, JANE SHEA. ROSEMARY -- THIS LADY ALSO WAS ON ANOTHER LIST. JEAN CUMMERER, ROBIN MCKEEVER. HEIDI LINTO. MELANIE CASO. MARY KING, JIMMY RAY, ELIZABETH BISHOP, JEWELS HASTE, DEBRA ROTHCHILD, JUSTIN MERLE, MONICA SANCHEZ, VIVIAN CAPUTO WISHES TO SPEAK, SO SHE WILL BE RECOGNIZED. MARK ASHHEART. AND DON'T THROW THEM IN THE TRASH YET. CATHERINE MOSTY, MICHAEL PALASHO WILL SPEAK. KAY NORTH CUT, SHANNON SMITHTON. THESE ARE ALL AGAIN. CHRIS KINDLIG. GEORGE SEAGERT, LEE SEAG ERT. DANA BLANTON, LISA CSSELIG, DAVID ANSWER, JENNIFER BURGER, BILL FAGELSON, JEFF HUNKIO. JASON HULLEBECK, NANCY TOLLEY, NORMAN WRIGHT, JENNIFER SCHAEFER, MEN MAY. WE ONLY HAVE TWO MORE SHEETS, GUYS, SO HANG ON. JOHN BOTTI. SHANNON SMITH. DANA HALE. BRYAN HALE. MELISSA BRYANT. ANDREW McKENNA. ROGER JENNINGS, CHRISTIE SHAW, ROBERT JERRY, ALICIA JERRY. ROSE SEKHELLI. LINDA WITHTHROW. SUSAN BUCKS,. DAVID JOHNSON. ERIC ANDERSON, NICOLE GROVE, KIM BARKER, A. JESSE DAVIS, MARILYN QUOK, RACHEL SHANNON, CURTIS HERSH, ANGELA POLLACK, GEORGE NADAR, KATHY MITCHELL, KRISTIN COOPER, JOHN DALY, ANNIE HUXTO TON, ANNIE WILKINS. AND THAT'S ALL OF THE SPEAKERS, ALL THE PEOPLE WHO HAVE SIGNED UP TO SPEAK. WHAT WE WILL DO WITH THIS LIST AND WITH THE CARDS IS THAT WE WILL GO THROUGH AND SUMMARIZE IT SO THAT WE HAVE A LIST OF PEOPLE THAT HAVE INDICATED THAT THEY WANT TO SPEAK, AND THEY'LL BE RECOGNIZED IN THE ORDER IN WHICH THEY'RE SIGNED UP TO SPEAK. LET ME RECOGNIZE -- THEY'LL BE RECOGNIZED TO SPEAK FOR THREE MINUTES UNLESS THEY HAVE TIME DONATED UNDER THE CARDS THAT WE HAVE.

[ INAUDIBLE ].

Mayor Garcia: BECAUSE THAT MEANS YOU'RE SPEAKING. I ONLY READ THE NAMES OF THE PEOPLE WHO INDICATED THAT THEY DON'T WANT TO SPEAK. FOR ALL THE NAMES THAT I READ OF PEOPLE THAT DON'T WANT TO SPEAK, THERE'S A VERY SIGNIFICANT NUMBER OF PEOPLE WHO ARE IN THAT LIST, LIKE GEORGE COVER, WHO SIGNED UP THAT HE WANTS TO SPEAK. THERE'S QUITE A FEW OF THOSE.

[ INAUDIBLE ].

Mayor Garcia: YES. IF THE RECORDS INDICATE THAT YOU HAD TIME DONATED TO YOU, YOU WILL GET THAT, OKAY?

I DID NOT WISH TO SPEAK ON THE ZONING ISSUE. I DID WISH TO SPEAK ON THE AGREEMENT. MY NAME IS ERIC ANDERSON. MY NAME WAS JUST CALLED.

MAYOR GARCIA: ERIC ANDERSON IS IN THERE I THINK TOWARDS THE LAST. YOU DID NOT SIGN UP TO SPEAK, RIGHT, BEFORE 1:00 O'CLOCK?

I SAID I DID NOT WISH TO SPEAK ON THE --

Mayor Garcia: YOU WANT TO SPEAK NOW.

I WANT TO SPEAK ON THE AGREEMENT. THANK YOU.

Mayor Garcia: OKAY. VERY GOOD. EVERYBODY UNDERSTAND THE RULES?

[ INAUDIBLE ].

Mayor Garcia: CAN THEY SPEAK WHEN?

[ INAUDIBLE ]

Mayor Garcia: HOW MANY PEOPLE ARE HERE THAT ARE NOT GOING TO BE TO BE HERE JULY THE 11th. TWO. OKAY. KAREN, COME ON UP. OKAY. SCRATCH OUT KAREN. AND GIVE US YOUR NAME AND SINCE YOU SPOKE, YOU WILL NOT BE RECOGNIZED ON THE 11TH. LET ME SAY THAT THERE MIGHT BE AN ADVANTAGE TO SPEAKING ON THE 11th BECAUSE YOU WILL HAVE TIME TO STUDY THE AGREEMENT, SO THERE MAY BE SOMETHING THAT YOU WANT TO CONSIDER.

Slusher: MAYOR, HOW MANY DO WE HAVE LEFT THAT ARE SIGNED UP TO SPEAK? CAN YOU TELL?

Mayor Garcia: PROBABLY A COUPLE HUNDRED, IN THAT RANGE.

Slusher: WELL, YOU HAVE TO BE PRESENT TO SPEAK, SO I'M WONDERING IF WE MIGHT STILL GET THROUGH TONIGHT.

Mayor Garcia: 200.

[ INAUDIBLE ].

Mayor Garcia: I'M RECOGNIZING THE PEOPLE THAT ARE NOT GOING TO BE HERE ON THE 11th. BUT IT'S 2:30, COUNCILMEMBER. I HAVE A 9:00 O'CLOCK MEETING IN THE MORNING. SINCE I CAME FROM EUROPE, FOR ME IT'S ACTUALLY 9:25 ALREADY. [ LAUGHTER ]

Slusher: YOU'RE STARTING ANOTHER DAY.

Mayor Garcia: 9:25 ON FRIDAY MORNING FOR ME.

Slusher: LET ME CLARIFY, YOU READ SOMETHING A MINUTE AGO, IF THEY'RE NOT PRESENT WHEN THEY'RE NAME IS CALLED, THEN UNDER THE RULES THAT MEANS THOSE DON'T GET TO SPEAK ON THE 11th?

Mayor Garcia: IF THEY DID NOT HAVE THEIR NAME READ OFF AS IN FAVOR AGAINST OR ABSENT, THEY WOULD BE CALLED TO SPEAK.

Slusher: BUT IF THEY..... THEY DID HAVE THEIR NAME READ OFF, THEY'RE NOT ELIGIBLE TO SPEAK ON THE 11th?

Mayor Garcia: THAT'S RIGHT. IF THEY HAD A CARD THAT SAID I'M AGAINST IT AND DO NOT WISH TO SPEAK AND I READ IT INTO THE RECORD --

Slusher: OR IF THEY JUST WEREN'T PRESENT --

Mayor Garcia: AND I READ INTO THE RECORD THAT THEY WERE FOR OR AGAINST.

Slusher: THAT'S CONSISTENT WITH THE RULES. THANK YOU.

Mayor Garcia: WELCOME.

HI. GOOD EVENING AND FIRST GOOD MORNING. AND FIRST OF ALL I WOULD LIKE TO SAY THANK YOU TO ALL OF YOU FOR BEING HERE THIS LATE AND FOR LISTENING TO THE PEOPLE. AND I HOPE THAT YOU WILL CONTINUE TO LISTEN TO ALL OF US. AND WE'RE HERE WITH REAL REQUESTS FOR YOU. WE'RE NOT HERE JUST TO MAKE YOUR LIVES DIFFICULT. I LIKE THE FACT THAT YOU HAVE FLOWERS AND I BROUGHT SOME FOR YOU TONIGHT AS WELL. [ APPLAUSE ] SO MAY WE PURSUE MUCH BEAUTY. I RAN INTO THE MAYOR AT THE AIRPORT ON HIS WAY IN, SO I HOPE YOUR TRIP WAS GOOD. I WOULD LIKE TO RAISE SEVERAL POINTS TONIGHT. I'D LIKE FOR US TO STEP BACK FOR JUST A MOMENT AND LOOK AT THINGS ON A NATIONAL LEVEL. EVEN THOUGH WE'RE RIGHT HERE IN AUSTIN DEALING WITH AUSTIN ISSUES. WE ARE IN THE MIDST OF A MASSIVE ASSAULT ON THE ENVIRONMENT, EVERYWHERE WE LOOK. AND THIS IS A SAD FACT, BUT IT'S TRUE. MANY OF OUR PROTECTIONS ARE BEING ROLLED BACK. FOR EXAMPLE, RIGHT NOW THE CLEAN AIR ACT, WHICH IS -- NEEDS TO BE FULLY ENFORCED, THERE WERE HEARINGS IN FOUR PARTS OF THE COUNTRY. 130,000 CITIZENS TESTIFIED. AND THE E.P.A. TOOK THEIR TESTIMONY. WHAT HAPPENED? OVER 90% OF THOSE COMMENTS CAME IN THAT THEY WANTED THE CLEAN AIR ACT NOT CHANGED ONE BIT, THEY WANTED THE LAW ENFORCED. OVER 90%. SO WHAT HAPPENED? DID THIS GO TO A REPORT WHICH WAS DUE TO THE PUBLIC? NO. THERE WAS SUPPOSED TO BE A 90-DAY REPORT COMING OUT OF E.P.A. 400 DAYS LATER THAT REPORT WAS QUIETLY PASSED OVER TO THE OFFICE OF MANAGEMENT AND BUDGET AND RIGHT NOW INSTEAD OF PROTECTIONS THAT THE CITIZENS DEMANDED NATIONALLY, WHAT WE ARE SEEING IS AN ASSAULT ON OUR CLEAN AIR PROTECTIONS AND AN ATTEMPT TO REMOVE THEM AND KNOCK OUT KEY PROVISIONS SO THAT ALL INDUSTRIES IN THE U.S. WILL BE DIRTIER AND OUR AIR IN TEXAS WILL BE DIRTIER. THIS IS WHAT WE'RE UP AGAINST. OUR STATE AS A STATE DOES NOT HAVE A STRONG ENVIRONMENTAL ENFORCEMENT RECORD. WE PUT IN PLACE VOLUNTARY MEASURES, LESS THAN ONE% OF THE INDUSTRIES CAME IN TO GET PERMITS THAT WAY. THIS IS THE ARENA IN WHICH WE OPERATE AND MAKE THESE DECISIONS. THAT IS WHY THIS DECISION IS MORE IMPORTANT THAN EVER. THAT IS WHY S.O.S. IS MORE PRECIOUS, MORE VALUABLE, MORE IMPORTANT THAN EVER. I'M HOPING THAT WHAT WE SEE HERE IN AUSTIN, TEXAS, A CITY THAT WE ALL KNOW AND LOVE, WILL BE A DIFFERENT STORY THAN WHAT WE'RE SEEING ON A NATIONAL FRONT. I HOPE FROM THE GROUND UP. [ BUZZER SOUNDS ] -- THAT WE WILL BE TELLING OUR LEADERS THAT WE WANT OUR WATER AND OUR AIR PREKED. -- PROTECTED. THIS IS ABOUT SALAMANDERS, YES, IT'S ABOUT THEIR SURVIVAL. AND BY THE WAY, EARLIER TONIGHT, DR. MARK KIRKPATRICK TALKED ABOUT METALS IN THE WATER. THOSE CAN IMPACT THE REPRODUCTION OF AM FIBIANS AND THAT IS A THREAT IN ITSELF. SO WE NEED TO LOOK AT THAT AS WE MAKE THESE DECISIONS. S.O.S. IS THE LAW AND WE ARE HERE TO TELL YOU I WOULD VENTURE TO SAY OVER 90% TONIGHT AS WELL, WE ARE HERE TO TELL YOU WE WANT THE LAW ENFORCED. THE CITY HAS BEEN OPERATING LARGELY UNDER THE ASSUMPTION THAT WE COULD BE -- [ BUZZER SOUNDS ] I'LL WRAP UP. THAT WE COULD BE DEALING WITH LAWSUITS FROM STRATUS, FREEPORT, WHATEVER YOU WANT TO CALL THEM. WE COULD BE DEALING WITH PROBLEMS WITH THE LEGISLATURE. BUT I WOULD ASK YOU TO CONSIDER THE FACT THAT CITIZENS ARE VERY CONCERNED AND WANT THEIR LAWS ENFORCED AND THERE MAY COME A POINT IN TIME WHEN HOMEOWNERS VERY CONCERNED ABOUT THEIR PROPERTY RIGHTS, CITIZENS WORRIED ABOUT THEIR LAWS NOT BEING ENFORCED MAY CHOOSE TO FILE CLASS ACTION LAWSUITS. AND I WOULD LIKE YOU TO PUT THAT INTO YOUR THINKING AND TO CONSIDER THE FACT THRAR PRESSURES EITHER DIRECTION. AND I WOULD -- I WILL WRAP UP. I WILL ASK YOU TO HAVE BACKBONE AND DO THE RIGHT THING AND I DO OPPOSE THIS DEVELOPMENT. THANK YOU. [ APPLAUSE ]

Mayor Garcia: GIVE US YOUR NAME SO WE CAN SCRATCH YOU FROM THE LIST FOR NEXT WEEK.

MY NAME IS -- [ INAUDIBLE ]. MAYOR AND COUNCILMEMBERS, I WOULD LIKE TO READ AN E-MAIL THAT I SENT YOU THIS AFTERNOON AND YOU PROBABLY DIDN'T HAVE TIME TO READ. I SAY, DEAR COUNCILMEMBERS, I WRITE TO ENCOURAGE YOU TO -- BARTON SPRINGS IS A UNIQUE RESOURCE THAT WE NEED TO MAINTAIN AND PRESERVE. THE SPRINGS HAVE ALREADY BEEN HURT SEVERELY WITH POLLUTION CONCENTRATION ON THE RIGHT AND THE SALAMANDERS DYING. OUR SPRINGS MAKE US DIFFERENT FROM THOUSANDS OF OTHER CITIES. ARE WE ABLE TO PROTECT THEM? IF WE DO NOT DO BETTER THAN PRESENTLY, IT WOULD BE A SHAME TO US ALL FOR A FEW YEARS DOWN THE ROAD IT WOULD BE IRREVERSIBLEBLY POLLUTED. [ INAUDIBLE ] HAVE WE CALCULATED WHEN WE WILL HEED THE LIMIT FOR THE AUTOMATIC QUAWT TICK LIFE OR FOR DRINKING OR -- [ INAUDIBLE ] HAVE WE EVALUATED THE -- [ INAUDIBLE ] HAVE WE COMPARED THE COMPANY BENEFITS FOR AUSTIN OF THE -- [ INAUDIBLE ] NUMBER ONE, WE MAINTAIN THE RECHARGE ZONE WITH THE PRESENT ZONING AND CALLING ON FOR THE NORMAL DEVELOPMENT WITHOUT THE TANGIBLE BENEFITS OF HAVING BARTON SPRINGS AND THE RECHARGE ZONE AS BEAUTIFUL AS THEY ARE. BUT WE DO NOT HAVE TO SPEND ON ADDITIONAL HIGHWAYS, SUBSIDIES AND WATER FACILITIES. [ INAUDIBLE ] OTHERS HAVE SHOWN IN THE PAST THAT THEY ARE READY FOR PRESERVING THE SPRINGS, AT LEAST PART OF THE AQUIFER COULD BE PRESERVED -- [ INAUDIBLE ] NUMBER TWO, WE DEVELOP AS PROPOSED AND HAVE TO PAY FOR CORPORATE DEALS, HIGHWAYS AND NEW WATER FACILITY, LIKE NEW WATER FOR ALL PRESENTLY DRINKING OUT OF THE AQUIFER. WE PAY FOR WASTED TIME IN TRAFFIC JAMS. WE LOSE THE SPRINGS AND THEY'RE GOING TO -- THE.... BENEFITS THEY BRING. I URGE YOU TO FIND A WAY TO PROTECT THE WATERSHED SO THAT THE SPRINGS ARE SAFE. DO NOT DECIDE ON DEVELOPMENTS ONE BY ONE, THEN LOSE SIGHT OF WHAT EACH ONE REPRESENTATIVES OF THE OVERALL PICTURE. TAKE YOUR TIME TO DO A GOOD OVERALL PLANNING SO THAT WE DO NOT MAKE MISTAKES THAT WILL WIPE OUT WHAT NATURE TOOK MILLIONS OF YEARS TO MAKE. [ BUZZER SOUNDS ] AND THAT WE AND OUR DID HE SENDENTS WILL DEEPLY REGRET. IF WE LOSE THE SPRINGS WE LOSE MUCH MORE THAN OUR WATER SOURCE AND A UNIQUE PART OF AUSTIN.

Mayor Garcia: THANK YOU, SIR. [ APPLAUSE ]

Mayor Garcia: IF YOU COULD GIVE US YOUR NAME.

MY NAME IS ANNA -- [ INAUDIBLE ] AND I'M PRETTY LATE ON THE LIST, PROBABLY NEAR THE BOTTOM.

Mayor Garcia: GO AHEAD.

GOOD EVENING, GOOD MORNING, WHATEVER. I WAS WATCHING ON TELEVISION, I GOT HERE AT 10:15, AND I WAS REALLY TIRED. AND I STARTED TO SEE MY FELLOW AUSTINITES GET UP ONE AFTER THE OTHER, MANY, MANY FAMILIAR PEOPLE, AND I STARTED TO FEEL THE PULSE AND THE HEART OF AUSTIN START TO STAND UP. AND MANY OF THE PEOPLE HERE WERE HERE YEARS AGO WHEN WE FIRST CAME, AND WE'RE ALL 10 YEARS OLDER AND MAYBE IN ANOTHER FEW YEARS WE'LL ALL BE HERE AGAIN. MY MAIN CONCERN IS THAT THE INTEGRITY OF OUR GOVERNMENT IS BEING CALLED INTO ION RIGHT NOW THAT ALL OF OUR SENSES ARE DULLED. THE...THE WATER IS ONE OF OUR VERY FEW MOST IMPORTANT RESOURCES. I DON'T KNOW WHAT PERCENTAGE OF OUR BODIES ARE MADE OF WATER, BUT IT'S PRETTY HIGH. THE WATER IS THE FLUID OF THE EARTH. IT'S THAT WHICH CONNECTS US. WITHOUT IT WE'RE FINISHED. I'M PART OF TWO NEIGHBORHOODS IN AUSTIN. I LIVE IN BARTON HILLS AND I OWN PROPERTY, LAND ON THE EAST SIDE, AND I'VE BEEN WORKING A LOT TO SAVE A WATERSHED OVER THERE. IT'S PATHETIC THE SITUATION WE'RE IN. THERE'S NO OTHER WORD FOR IT. THE PEOPLE IN THIS ROOM, THE PEOPLE OUT THERE, THE PEOPLE WHO HAVE HAD TO GO HOME, THESE ARE THE PEOPLE WHO ARE DEDICATED. I AM JUST SO PROUD OF THESE PEOPLE FOR BEING HERE. AND I KNOW THAT YOU PEOPLE ON THE COUNCIL MEAN WELL AND I KNOW THAT YOU DON'T NEED TO BE CRITICIZED, BUT WE ALL HAVE TO BE SELF-CRITICAL RIGHT NOW. WE ARE IN BIG TROUBLE. IT'S NOT THE SALAMANDERS, IT'S US WHO ARE IN TROUBLE. AND IT'S NOT LIKE, YOU KNOW, WORDS OF DOOM. IT'S THE TRUTH. WE HAVE TO WAKE UP. YOU KNOW, I'M THE LITTLIEST ONE IN MY FAMILY AND I ALWAYS FEEL LIKE I DON'T HAVE A RIGHT TO SPEAK, BUT DO YOU KNOW WHAT? I'M PROBABLY WITH ONE OR TWO EXCEPTIONS OLDER THAN SOME OF YOU ON THE COUNCIL, AND I HAVE A RIGHT TO SPEAK. I'M A MOTHER, I'M A BUSINESS OWNER HERE IN AUSTIN, I'M A LANDOWNER. I WANT TO DONATE PART OF MY LAND TO RR ZONING. HOW HARD IS THAT GOING TO BE? I WANT FREEPORT MCMORAN TO HUMBLE THEMSELVES. I WANT US TO INSIST ON THAT. [ BUZZER SOUNDS ] NOTHING LESS. WE DON'T HAVE ANY OTHER CHOICE, WHETHER YOU WANT TO HEAR IT, WHETHER YOU WANT TO WAKE UP AND DO THE RIGHT THING, I DON'T KNOW, BUT IT'S YOUR INTEGRITY RIGHT NOW THAT'S AT STAKE. IT'S OUR LIVES THAT ARE IN OUR HANDS. THANK YOU. [ APPLAUSE ]

[ INAUDIBLE ].

Mayor Garcia: YOU'RE GOING TO BE OUT OF TOWN? OKAY.

THANK YOU, MAYOR AND COUNCILMEMBERS. I APPRECIATE YOUR TIME. I'LL TRY TO BE AS BRIEF AS POSSIBLE. MY NAME IS LARRY MORGAN. I WAS BORN AND RAISED IN SOUTH AUSTIN. I'M VERY FAMILIAR WITH BARTON SPRINGS. I'VE SPENT MY WHOLE BOYHOOD IN THAT AREA, CAMPBELL'S HOLE AND THE CREEK BELOW I USED TO DO A LOT OF SNORING WILLING AND SO FORTH. SO IT'S VERY PRECIOUS TO ME. I'M ALSO THE PRESIDENT OF THE TEXAS CAPITAL AREA BUILDERS ASSOCIATION. I'M A BUILDER, HOME BUILDER. I PROBABLY DO TWO, THREE HOMES A YEAR. BUT THAT'S NOT WHY I'M HERE. BUT I WANTED YOU TO KNOW THAT UP FRONT. I WANTED THE AUDIENCE TO KNOW THAT. I'VE HEARD A LOT OF RHETORIC TONIGHT. I UNDERSTAND WHERE THEY'RE COMING FROM. I KNOW IT'S A VERY EMOTIONAL ISSUE. I KNOW YOU HAVE SOME HARD DECISIONS THERE IN FRONT OF YOU. BUT I WILL SAY ONE THING, AND THAT IS, STRATUS PROPERTIES, KIM WHO IS WITH STRATUS PROPERTIES IS A FRIEND OF MINE. I KNOW HIM TO BE VERY CREDIBLE. AND I KNOW THE PROCESSES YOU HAVE TO GO THROUGH TO APPROVE DEVELOPMENT. THIS IS NOT AN EASY BODY TO GO THROUGH. I KNOW AND I RESPECT ZAP TREMENDOUSLY, THE HARD WORK AND THE HOOPS THEY'VE HAD TO GO THROUGH NOT ONLY THE STAFF. AND I DO WANT TO SAY THIS AND IT'S DEAR TO MY HEART BECAUSE THOSE OF YOU THAT DON'T KNOW HOW FAR WE HAVE COME, YOU ARE MISTAKEN IN YOUR BELIEFS. WHEN I WAS A YOUNG BOY I REMEMBER HOW PEOPLE USED TO TAKE OIL AND POWER IT ON THE GROUND OR POWER IT IN THE STORM SEWERS. I REMEMBER THE POLLUTION THAT WAS ON THE COLORADO RIVERS AND THE FISH IN THERE UNTIL LADY BIRD JOHNSON CAME ALONG AND DID US SUCH A TREMENDOUS SERVICE, I DON'T THINK ANY OF Y'ALL CAN RESPECT WHAT SHE'S DONE. AND I DON'T WANT TO BURN TOO MUCH TIME HERE, BUT WE'VE COME A LONG WAY. AND MR. SLUSHER, I'VE GOT COMMEND YOU BECAUSE WHAT YOU WERE TRYING TO DO TO STRESS OUT IMPORTANT IT IS THAT WE HAVE TO HAVE CONFIDENCE ABOUT THIS ISSUE, CONFIDENCE ALL THE TIME. THAT'S WHY WE'VE COME SO FAR. OTHER ENTITIES ARE SO JEALOUS OF US, OTHER MUNICIPALITIES. SO PLEASE, THE REST OF YOU, I RESPECT YOUR VIEWS, BUT ALSO I LIKE AUSTIN TO GROW. I REMEMBER CIRCLE C WHEN I USED TO HUNT OUT THAT WAY. AND, YOU KNOW, YOU HAVE HOMES NOW. YOU HAVE HOMES NOW BECAUSE PEOPLE GAVE UP THAT RIGHT AND BUILT HOMES FOR YOU. AND SO WE HAVE TO MAKE ROOM FOR OTHER FOLKS. AND WE HAVE AN OPPORTUNITY TO HAVE A CLEAN INDUSTRY WHERE THERE WOULD BE OFFICE SPACE AND RESIDENTIAL AND SO FORTH. I KNOW IT MAY BE OVER A SENSITIVE AREA, BUT I KNOW THEY'VE MADE CONCESSIONS, TREMENDOUS CONCESSIONS. AND OTHER CITIES WOULD FIGHT FOR THIS KIND OF OPPORTUNITY. SO IT'S NOT LIKE WE HAVE AN OLD CHIP MILL OR SOME TYPE OF REFINERY OR WHATEVER. THIS IS QUALITY INDUSTRY FOR AUSTIN. THANK YOU VERY MUCH.

Mayor Garcia: THANK YOU, SIR. [ APPLAUSE ]

Mayor Garcia: LET ME SUMMARIZE AGAIN, IF YOU SIGNED UP TO SPEAK AND YOU DIDN'T SPEAK TONIGHT AND YOU WERE NOT -- YOU DIDN'T SIGN UP AS NOT WISHING TO SPEAK, WE WILL MAKE A LIST. WE WILL GO THROUGH ALL THE CARDS AND MAKE SURE EVERYBODY WHO SIGNED UP TO SPEAK BY 1:00 O'CLOCK WILL BE CALLED UPON ON THE 11th. WE WILL ANNOUNCE PUBLICLY WHAT TIME THAT PUBLIC HEARING IS GOING TO BE. IT WILL BE ON THE AGENDA. THERE WERE 733 PEOPLE SIGNED UP TO SPEAK. [ CHEERS AND APPLAUSE ].

Mayor Garcia: LET ME SAY THIS, THERE WERE QUITE A FEW SNRIKS DPLIKSS, SO WE'RE GOING TO MAKE SURE WE GET TO A NET NUMBER, BUT NEEDLESS TO SAY THERE WERE QUITE A FEW PEOPLE SIGNED UP TO SPEAK. WHEN WE CLOSED THE PUBLIC HEARING ON JULY THE 11th, THAT IS IT FOR PUBLIC HEARING AND THE COUNCIL WILL VOTE ON DELIBERATIONS. SO SPEND THE TIME BETWEEN NOW AND JULY THE 11th SUMMARIZING YOUR POINTS SO THAT THOSE PEOPLE THAT ARE GOING TO SPEAK CAN SPEAK TO THE ISSUES, YOU KNOW, FROM THE PERSPECTIVE OF WHAT WE LEARNED TONIGHT AND WHAT WE CAN LEARN IN THE INTERIM BETWEEN NOW AND JULY THE 11.. 11th. SO WE WILL HAVE AGAIN POSTING FOR FIRST READING ON THE 11th. THE COUNCIL CAN ALWAYS, OF COURSE, CONSIDER DOING FIRST AND SECOND. THAT'S A POSITION THAT HAS NOT BEEN MADE. THAT'S A POSITION THAT THE COUNCIL CAN CONTEMPLATE. WE'RE NOT GOING TO RECOGNIZE ANYBODY ANY MORE.

[ INAUDIBLE ].

Mayor Garcia: I SAID IF WHY YOU WERE NOT GOING TO BE HERE ON THE 11th YOU COULD SPEAK TONIGHT. SURE, YOU DIDN'T RAISE YOUR HAND.

[ INAUDIBLE ].

Mayor Garcia: YOU HAVE THREE MINUTES. SO --

OKAY.

Mayor Garcia: GIVE US YOUR NAME SO WE DON'T RECOGNIZE YOU ON THE 11th.

MY NAME IS MARK NOWAKER. I WAS LIKE 270 OR SOMETHING LIKE THAT. WHEN I WAS 20 YEARS OLD I SWAM ACROSS LAKE L.B.J. AND THE WAY I DID THAT WAS I SWAM HALFWAY ACROSS AND I REALIZED I WAS REALLY TIRED, SO I SWAM ALL THE WAY BACK. THE PROBLEM WITH SWIMMING ACROSS THE LAKE THAT WAY IS YOU KNOW ONLY WHAT ONE SIDE OF THE LAKE LOOKS LIKE. YOU DON'T KNOW WHAT THE OTHER SIDE LOOKS LIKE. AND I THINK THAT AT THIS CITY COUNCIL MEETING, THIS DECISION, WE'RE ONLY GOING TO KNOW ONE SIDE OF THIS ISSUE. MANY, MANY, MANY OF Y'ALL PEOPLE AND ALL THE PEOPLE OUT HERE, WE'VE BEEN DEALING WITH THIS FOR A LONG TIME. IF YOU PASS THIS, WE'RE GOING TO BE WHERE WE WERE 20 YEARS AGO. I HAVE A FRIEND THAT CAME TO AWND I TOLD HIM ABOUT S.O.S. WE DRIVE ALL AROUND TOWN, WE DRIVE OUT SOUTH OF THE PARKWAY AND MOPAC AND HE'S LIKE, SO WHAT EXACTLY ARE Y'ALL DOING? I MEAN, WHERE IS THE PRESERVATION? YOU'RE GOING TO HAVE MOPAC AND YOU SEE 25 OFFICE BUILDINGS BUILT IN THE LAST TWO YEARS? ON THEISH OF LEGAL LEASE -- THE ISSUE OF LEGALESE ON IMMINENCE, I THINK IF THE CITY PUSHES THAT ISSUE, IT IS WHAT IS IS. I THINK WE COULD EASILY WIN THAT CASE AND I THINK SOMEBODY MADE A POINT THAT THE CITY HAS A POINT. WE HAVE A PLACE OUT IN -- ON THE BLANCO/HAYS COUNTY LINE AND WE'RE REALLY CLOSE TO -- AND RECENTLY THE TEXAS PIPELINE, THEY'RE TRYING TO GO THROUGH FLAT CREEK WHICH WE HAVE LIKE A MILE AND A HALF OF FLAT CREEK. A PERSON SUED AND TRIED TO GET THE TEXAS PIPELINE NOT TO DRILL INTO FLAT CREEK. BECAUSE OF DON MARTIN, ONE OF THE LOBBYISTS, THEY DRILLED THROUGH FLAT CREEK, OKAY? JUST RECENTLY THEY DID A WATER QUALITY TEST. CADNEIUM, LEAD AND SINK. THE LEVEL OF THOSE LELGHTSS IN THE WATER NOW IS TO HIGH THAT THEY WILL PROBABLY NOT BE ABLE TOO USE ALL OF THE SWIMMING HOLES ON ALL OF THEIR PROPERTY. BECAUSE THAT PIPELINE WAS DUG THROUGH AGAINST A COURT ORDER. AND NOW THEY'RE GOING TO TEST OUR WATER AND SEE IF WE HAVE THE SAME THING IN OUR WATER. WE'RE IN THE SAME SITUATION HERE. THEY JUST KEEP COMING BACK AND KEEP COMING BACK AND KEEP COMING BACK AND ASKING FOR THE SAME THING. IT SEEMS LIKE AS FAR AS I'VE HEARD THAT YOU ARE GOING TO VOTE FOR IT. AND IT SEEMS LIKE WE'RE GOING TO -- WE WON'T KNOW WHAT -- WHAT POSSIBLY COULD HAPPEN. AND LUCKILY WE WILL ALL DIE AND NOBODY WILL KNOW OUR NAME AND NOBODY WILL BE ABLE TO PIN IT ON ANYBODY BECAUSE -- BUT THERE WILL BE SOMETHING THAT WILL BE SAID. [ BUZZER SOUNDS ] I WOULD RECOMMEND THAT YOU GO AND -- OKAY. THERE'S A STATUE BY RODAN THAT'S CALLED THE BURGERS OF CALAY. AND WHAT IT REPRESENTS IS THE CITY WAS UNDER SIEGE. AND IN ORDER FOR THE CITY NOT TO BE DESTROYED, THE BURGERS WERE HAND -- AND IT'S A WONDERFUL STATUE. IT'S THE ONLY THING RODAN DID THAT WAS WORTH ANYTHING IN MY OPINION. IT SHOWS THE BURGERS WITH THEIR HANDS TIED WALKING OUT OF THE CITY BECAUSE THEY ARE THE RANSOM FOR THE CITY. AND TO SOME DEGREE YOU ARE THE RANSOM FOR BARTON SPRINGS FOR THIS WHOLE ISSUE. AND ALL YOUR NAMES WILL BE ON THIS ISSUE. WHEN YOU SIGN THIS DOCUMENT, YOUR NAMES FROM NOW ON WILL BE ASSOCIATED --

Mayor Garcia: WILL YOU PLEASE CONCLUDE? YOUR TIME IS UP.

I'VE GOT JUST ONE THING. ONE MORE THING. TWO THINGS.

Mayor Garcia: NO, ONE. SUMMARIZE.

RIGHT. REALIZE THAT YOU'RE DOING THIS FOR A NOMADIC TRIBE OF CIRCLE C PEOPLE. THESE PEOPLE COME AND THEY GO. THEY COME AND GO. THEY LIVE IN PLACES LIKE HERITAGE PLACE, THE PRESERVE ON BARTON SPRINGS. I DON'T KNOW. I THINK YOU SHOULD BE ON OUR SIDE, NOT ON THEIR SIDE. THANK YOU.

Mayor Garcia: THANK YOU, SIR. [ APPLAUSE ]

Mayor Garcia: THIS PUBLIC HEARING IS RECESSED AND WILL BE RECONVENED ON JULY 11th AT THE TIME THAT WE WILL POST ON THE AGENDA AND AT THIS TIME I WILL ENTERTAIN A MOTION TO ADJOURN THIS MEETING. MOTION BY COUNCILMEMBER WYNN. SECONDED BY THE MAYOR PRO TEM. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

Mayor Garcia: WE WILL SEE YOU IN TWO WEEKS.

End of Council Session Closed Caption Log