Closed Caption Log, Council Meeting
Thursday, July 18, 2002

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

Mayor Garcia: AS SOON AS I GET TWO MORE COUNCILMEMBERS INTO THE CHAMBERS, WE'LL BE CALLING THE MEETING TO ORDER. WHEN WE DO THAT, THE FIRST ITEM WE'LL BE TAKING UP WILL BE THE BUSINESS OMMUNICATION, GENERAL, AND WE HAVE SEVEN SPEAKERS STARTING WITH MR. JIMMY CASTRO, MR. GUS PENA, BOBBY RIGNEY, CHARLOTTE FLYNN, PAUL ROBBINS, AND MIKE MIKE ALEXANDER AND SUSANA ALMANZA. THEY ARE IN THE BUILDING AND FINISHING UP THEIR DISCUSSIONS AND SHOULD BE HERE SHORTLY.

Mayor Garcia: THERE BEING A QUORUM OF THE COUNCIL IN THE CHAMBERS, I'M GOING TO CALL BACK TO ORDER THE REGULAR MEETING OF THE AUSTIN CITY COUNCIL ON THURSDAY, JULY 18th, AND THE FIRST ITEM THAT WE'RE CALLING UP IS THE 1:30 TIME CERTAIN, CITIZENS COMMUNICATION, GENERAL. MR. JIMMY CAST CASTRO. MR. CASTRO, WELCOME. FOLLOWING MR. CASTRO, MR. GUS PENA. IF YOU COULD COME UP, WE HAVE A LOT OF THINGS TODAY.

GUS, CAN YOU PLACE ME AFTER ANOTHER SPEAKER. WE'RE JUST WORKING ON A PRESENTATION.

Mayor Garcia: MR. PENA. AND IS MR. HIG KNEE RIGNEY HERE? YOU WILL BE AFTER MR. PENA.

GOOD AFTERNOON, MAYOR GARCIA, MAYOR PRO TEM GOODMAN, COUNCILMEMBERS, GUS PENA, PRESIDENT OF EAST AUSTIN CONCERNED HISPANICS AND SECOND VICE PRESIDENT OF THE RAINBOW COALITION OF THE STATEWIDE CHAPTER. MAYOR AND MAYOR PRO TEM AND COUNCILMEMBERS, I WOULD LIKE TO SAY ONE THING AGAIN THAT I MENTIONED LAST WEEK REGARDING THE STRATUS PROPERTY ISSUE. YOU DON'T VOTE ON IT, YOU ARE GOING TO HAVE MORE DEVELOPMENT, MORE THAN YOU WANT, MORE THAN WE WANT. I'VE BEEN TALKING TO A LOT OF POOR, DISENFRANCHISED, HAVE NOTS, LET'S SAY LET'S GO AHEAD AND VOTE ON THIS. WE'RE ENVIRONMENTALISTS IN SOUTH AUSTIN AND EAST AUSTIN. WE WORKED ON CLEANING UP THE COMMUNITY. I THINK YOU KNOW THE PROPER WAY TO VOTE, WHAT TO VOTE ON AND HOW TO VOTE. YOU KNOW THE ISSUES. YOU'VE STUDIED THEM LONG ENOUGH. I REALLY DON'T LIKE SPECIAL GROUPS TO HOLD US CAPTIVE AND THAT'S WRONG. AND THAT IS WHAT IS HAPPENING IS CAPTIVE. AND TRYING TO TELL US HOW TO VOTE AND HOW NOT TO VOTE. THAT'S WRONG. UNACCEPTABLE TO ME, TO EVERYBODY, TO MY ORGANIZATION, AND THAT'S A SLAP IN THE FACE. WE DO THE RIGHT THING, WE DO WITHIN THE LEGAL BOUNDS, HOW THE LAW DEFINES IT, AND IF YOU DON'T VOTE ON IT, WE'RE GOING TO HAVE MORE DEVELOPMENT THAN WE WANT. I THINK IT'S TIME TO VOTE ON THIS ISSUE AND MOVE ON. WE HAVE THE BUDGET ALREADY. WE HAVE POOR OUT THERE THAT NEED HEALTH CARE ISSUES TO BE REFORMED AND REDEFINED AND IMPROVED. WE HAVE YOUTH GROUPS THAT MIGHT POSSIBLY LOSE FUNDING IN NEXT YEAR'S BUDGET. WE HAVE A LOT OF THINGS TO DO, A LOT OF THINGS TO MOVE ON, AND SO I THINK, YOU KNOW, YOU KNOW HOW TO VOTE. VOTE YOUR HEART. DON'T BE SCARED OF ANYBODY. YOU WANT TO BE SCARED OF SOMEBODY, BE SCARED OF GOD. THAT'S WHO WE SHOULD BE SCARED OF, AND LOVE HIM AND ALSO TRUST IN HIM TO MAKE THE RIGHT DECISION. IN AND FOR THE BEST INTEREST OF THE PUBLIC, NOT SPECIAL INTEREST OR SPECIAL GROUPS. THAT'S NOT ACCEPTABLE. LET'S MOVE ON IT AND LET'S VOTE ON THE STRATUS LOWER DEVELOPMENT. GO FOR IT. NUMBER 2, MAYOR AND COUNCILMEMBERS, I'VE HAD A LOT OF COMPLAINTS FROM SOME OF MY ORGANIZATION MEMBERS THAT LIVE IN LOYOLA, JOHNNY MORRIS ROAD REGARDING THE LAST FLOOD. AND THEY NEED HELP OUT THERE. THINGS ARE NOT MOVING AS SWIFTLY AS THEY WANTED IT TO. LET'S BE SENSITIVE AND HELP THEM OUT, MR. MAYOR AND MS. CITY MANAGER, TOBY FUTRELL, WORK HARD ON HELPING THEM BECAUSE THEY LOST A LOT OF THEIR HOMES AND DID A LOT OF DAMAGE OUT THERE. AND I CAN'T READ THIS, BUT ANYWAY, REGARDING THE BUDGET, NO CUTS IN YOUTH PROGRAMS. I KNOW WE'RE GOING TO HAVE A TOUGH TIME, WE'RE GOOD TO HAVE TO TAKE SOME HITS, BUT NOT THESE, NOT FOR THE SENIOR CITIZENS. REMEMBER, THE SENIOR CITIZENS PAVE THE WAY FOR US. YOU ARE LOOKING AT MY SON LUCIO WHO HOPEFULLY WILL BE ELECTED AS A CITY COUNCIL MEMBER, EVEN A SENATOR. HOSPITAL ISSUES, REMEMBER THE ISSUES I SPOKE ABOUT AT BRACKENRIDGE HOSPITAL, NO ROOMS FOR ABOUT THREE AND A HALF HOURS. THERE'S A MOVEMENT FOR A HOSPITAL DISTRICT. WE HAVEN'T TAKEN A POSITION ON A HOSPITAL DISTRICT. WE HATE INCREASED TAXES. [BUZZER SOUNDING] LET ME WRAP UP. WE HATE TO INCREASE TAXES. I DON'T KNOW WHAT THE HOSPITAL DISTRICT IS GOING TO DO. LOOK AT IT, STUDY IT, AS I TOLD THE COMMISSIONERS COURT, WE'RE LOSING MONEY. WE'RE THE ONES BEARING THE BRUNT FOR POOR, UNINSURED, WE CAN UNDERSTAND THAT, BUT LET'S MOVE ON STRATUS AND YOU KNOW THE LEGALITIES AND LET'S DO THE RIGHT THING. THANK YOU VERY MUCH.

Mayor Garcia: THANK YOU, MR. PENA. MR. RIGNEY. MR. CASTRO, ARE YOU ABOUT READY? OKAY, YOU WILL FOLLOW MR. RIGNEY.

THANKS FOR THE OPPORTUNITY TO SPEAK. I'M SPEAKING ON MY OWN BEHALF AS AN AVERAGE WORKING-LAST CITIZEN. IN FACT, I'M TAKING VACATION TIME TO DO THIS. ONE THING I'VE ALWAYS LIKED ABOUT AUSTIN IS THE CITIZENRY. SELF-DETERMINATION IS A FUNDAMENTAL CONCEPT FOR DEMOCRACY AND BEING EFFECTIVE BREEDS SELF-CONFIDENCE. OUR LIVABILITY IS ROOTED IN THIS SELF-DETERMINATION. I'M HERE TO ENCOURAGE SPECIFIC THINGS TO PROMOTE THE CONTINUATION AND ENHANCEMENT OF THIS LIVABILITY. I'VE CONCERNED CERTAIN THINGS ARE CAUSING EROSION OF WHAT WE HAVE AND IN THIS BRIEF TIME I'LL TALK ABOUT A FEW. FIRST, INFILL DEVELOPMENT. I DON'T KNOW OF ANYONE WHO DOES NOT UNDERSTAND THE ADVANTAGES OF REASONABLE DENSIFICATION. THE QUESTION IS HOW MUCH IS REASONABLE. NEIGHBORHOOD PLANNING PROCESS ALLOWS A MEASURE OF SELF-DETERMINE NAWTION, BUT PARTS OF SOME PLANS HAVE BEEN OBJECTED TO AS GOOD TOO FAR. AGAIN, HOW FAR IS TOO FAR? I FEEL THE NEIGHBORHOOD PRESERVATION IS SOMETHING THAT NEEDS MORE ATTENTION. DIVISIONS IN NEIGHBORHOODS TEND TO BE ANTI-NEIGHBORHOOD. THAT IS THE LAST THING WE WANT. SOME OF THE CHANGES BEING DISCUSSED TO ALLOW MORE DENSIFICATION WILL CREATE A DEVELOPMENT OPPORTUNITY FOR WHOLE NEIGHBORHOODS THAT COULD CHANGE COMPLETELY, QUICKLY CHANGING INTO LARGE RENTAL DISTRICTS. WE'VE SEEN AN IN FILL PROGRAM RENAMED BY SOME AS IMPACTING. WE'VE SEEN AD VALOREM TAXES SKYROCKET DISPROPORTIONATELY IN SOME AREAS. HIGHER PROPERTY VALUES COME AT A REAL COSBY BEYOND DOLLARS. IF THEY -- THEY CAN LOSE THE ADVANTAGE OF THAT 10% CAP ON TAXES. I WOULD SAY GOING TOO FAR IS DEFINED WHEN THESE SIGNIFICANT PROBLEMS APPEAR. I DON'T KNOW ALL THE ANSWERS, BUT IT SEEMS A WORTHY GOAL TORE THE LEAST INSTROOS I HAVE DENSIFICATION TO BE MORE WIDELY DISPERSE UNDERSTAND MORE WAYS THAT AVERAGE RESIDENTS WOULD WANT TO TAKE ADVANTAGE OF APPLIED THROUGH THE INNERCORE NEIGHBORHOODS. NEIGHBORHOOD PLANNING COULD BE APPLIED WITH LESS VIGOR SO AS TO GAIN MORE CONCENSUS. NEIGHBORHOOD PLANNING STAFFS ARE QUALIFIED. I BELIEVE THEIR EXPERTISE COULD BE DIRECTED MORE CREATIVELY IN DIRECTIONS ALLOWING MORE NEIGHBORHOOD PRESERVATION. OTHERWISE EVEN THOSE WHO WOULD HAVE TO END UP -- WHO DON'T HAVE TO END UP MOVING HAVE LOST MUCH OF THEIR NEIGHBORHOOD IDENTITY. THIS LIVABILITY ISSUE HAS A VALUE THAT'S NOT EASILY MEASURABLE. THE PROBLEM SHOULD BE SOLVED NOW BEFORE MORE INTENDED CONSEQUENCES OCCUR. ONE PROBLEM IS NEGLECTING TO RESPECT DEED RESTRICTIONS CITYWIDE. THIS MUST BE RESOLVED. CURRENTLY THE PERMIT PROCESS SIMPLY GETS AN APPLICANT TO SIGN THERE IS NO CONFLICT THEREIN. I KNOW IN MY RECENT ATTEMPTS TO FIND A COMPROMISE IN PARKING, STATE LAW HAS A -- I DON'T THINK IT WAS INTEND TO DO HAVE THEM IGNORED. HAVING A CITY PROCESS THAT ALLOWS A PERSON TO FALSELY STATE THERE IS NO DEED RESTRICTION MAY MAKE THE CITY COMPLICIT. OTHERWISE WHY DOES THE FORM EXIST? REQUIRING PROOF OF POSSESSION OF DEED RESTRICTIONS WOULD HELP. [BUZZER SOUNDING] A COMMENT ON THE STRATUS DEAL, I DO UNDERSTAND PROPONENTS THINKING IT WOULD SIMPLY BE THE BETTER OF TWO EVILS, BUT APPEAL TO YOUR MOST OPTIMISTIC VIEW THAT WE AS A COMMUNITY, STATE, NATION, DO MAKE PROGRESS OVER TIME. I UNDERSTAND THIS IS A 30-YEAR DEAL N THE LAST 30 YEARS, OUR COLLECTIVE UNDERSTANDING ON OTHER ISSUES HAS CHANGED COMPLETING WITH LAWS THAT REFLECT NEW THINKING. LOOK AT THE TOBACCO INDUSTRY FOR EXAMPLE. THIS MIGHT BE THE MOST IMPORTANT COMPONENT OF LIVABILITY. THANK YOU.

Mayor Garcia: THANK YOU. MR. CASTRO. FOLLOWING MR. CASTRO IS MS. FLYNN.

GOOD AFTERNOON, MAYOR GARCIA, COUNCILMEMBERS AND MS. FUTRELL. I DO HAVE SOME SLIDES TO SHOW ENTHUSIASM EVENING. I'M HERE TO SPEAK ON MY OWN BEHALF. I'VE SERVED AS FORMER BOARD MEMBER OF THE MILLWOOD NEIGHBORHOOD ASSOCIATION. I'M HERE TO SPEAK FOR -- THIS FIRST SLIDE SHOWS WHEN YOU LOOK AT ANY BUDGET, YOU NEED TO FIND OUT FIRST WHERE DOES THE MONEY COME FROM. THE 2002 SOURCES OF FUNDS FOR THE GENERAL FUND SHOWS 32% IS FROM THE PROPERTY TAX. 20% IS FROM THE TRANSFERS. 26% IS FROM THE SALES TAX. AND CHARGES FROM SERVICES IS ONLY 3%. NEXT. THE SECOND MOST IMPORTANT QUESTION TO ASK IS WHERE DOES THE MONEY GO. THE 2002 FUNDS FOR THE GENERAL FUNDS SHOW 53% GOES TO PUBLIC SAFETY. 16% GOES TO TRANSFERS. 10% GOES TO PUBLIC HEALTH. AND 10% GOES TO PUBLIC RECREATION. NEXT. THE COST OF LIVING INDEX FROM THE GREATER AUSTIN CHAMBER OF COMMERCE FOR SAN ANTONIO, HOUSTON, DALLAS, AND AUSTIN. NEXT. THE AVERAGE TAX BILL AS A PERCENT OF AVERAGE INCOME FOR FORT WORTH, SAN ANTONIO, HOUSTON, DALLAS, AND AUSTIN. NEXT. NON-RESIDENT E.M.S. IN FISCAL YEAR 2002, THE EMERGENCY MEDICAL SERVICES DEPARTMENT EXPECTS TO CONDUCT 87,000 EMERGENCY RESPONSES. OF THESE, 7,000 ARE EXPECTED TO BE BILLED AS RESPONSES WHO LIVE OUTSIDE OF THE TAX BASE AREA E.M.S. THE COST OF SERVICE PER EMERGENCY IS $248, BUT THE AVERAGE REVENUE COLLECTED PER RESPONSE IS ONLY $91. IT IS PROPOSED THE DEPARTMENT ESTABLISH AN ADDITIONAL FEE OF $100 FOR ALL OUT OF AREA RESIDENTS TREATED BY THE DEPARTMENT. THIS FEE WOULD INCREASE REVENUE BY $210,000. NEXT. BASIC AID AT THE SCENE AND SUBSTANTIAL AID AT THE SCENE FEES. IN FISCAL YEAR 2002, THE DEPARTMENT IS EXPECTED TO SPEND $21 MILLION FOR EMERGENCY RESPONSES. IN CONTRAST, IT EXPECTS TO RECOVER ONLY $8 MILLION. OR JUST 37% OF THE BUDGETED AMOUNT. THANK YOU, MAYOR GARCIA.

Mayor Garcia: THANK YOU, JIMMY. THANK YOU VERY MUCH, MR. CASTRO. CHARLOTTE FLYNN. IF YOU COULD PUT THE LIGHTS ON. FOLLOWING MS. FLYNN, PAUL ROBBINS. MS. FLYNN, WELCOME.

GOOD AFTERNOON. MAYOR GARCIA AND CITY COUNCIL, I'M CHARLOTTE FLIEN. I'M THE CO-CONVENER OF THE AUSTIN GREAT PANTHERS AND WE APPRECIATE BEING ABLE TO BRING THE CONCERNS OF THE GREAT PANTHERS TO THE CITY COUNCIL FOR YOUR CONSIDERATION. WE ARE CONCERNED ABOUT THE SAFETY AND WELL-BEING OF THE CITIZENS OF AUSTIN WHO ARE AT THE BOTTOM OF THE INCOME LEVEL. THESE PEOPLE PAY THE LARGEST PERCENTAGE OF THEIR INCOME IN TAXES COMPARED TO OTHERS. YET THEY ARE THE FIRST ONES TO BE DENIED SERVICES. WE ARE CONCERNED THAT THERE ARE FUNDS IN THE CITY NOT BEING USED FOR THE PURPOSE THEY WERE CREATED. I WANT TO TALK ABOUT THE DEBT DEFEASANCE FUND. I HAVE COPIES. I'M NOT GOING TO READ WHAT IT IS, BUT IT SAYS THE MONEY CAN BE USED TO LOWER RATES. WHEN THE THE LEGISLATURE PASSED SENATE BILL 7, THE DEREGS OF UTILITIES. THE MUNICIPALITIES WERE PERMITTED TO KEEP THEIR MONOPOLY STATUS. DURING THE BILL'S DELIBERATIONS, THE MUNICIPALITIES TOLD THE LEGISLATURE THEY WOULD LOWER RESIDENTIAL AND SMALL BUSINESS RATES. THIS DID NOT HAPPEN. AND THE MONEY COLLECTED FOR THE HIGHER FEE ACCUMULATED IN THE DEBT FUND. ANOTHER FACTOR TO BE CONSIDERED IS THE USER FEES OR GATE FEES THAT AMOUNTS TO $39 EVERY DWELLING HAS TO PAY BEFORE THEY USE ONE KILOWATT OF ELECTRICITY OR ONE DROP OF WATER OR THROW AWAY ONE PIECE OF TRASH. THAT'S WHAT YOU PAY BEFORE YOU RECEIVE ANY SERVICES. WE WOULD LIKE TO SUGGEST LOWER RESIDENTIAL AND SMALL BUSINESS ELECTRIC RATES. FOR ONE TENTH OF THE 183 MILLION IN THE DEFEASANCE FUND, THE FIVE DOLLAR USER FEE FOR ELECTRIC SERVICE COULD BE DROPPED. WE SUGGEST IS THAT YOU KEEP THE LIFE LINE RATE IN PLACE AND YOU PUT IN PLACE A TRUE CONSERVATION INCENTIVE BY HAVING A REAL INCLINING ELECTRIC RATE T HIGHER THE USAGE, THE HIGHER THE RATE. IN THE BEGINNING, I SPOKE OF OUR CONCERN FOR THE SAFETY AND WELL-BEING OF ALL OUR CITIZENS. THE LIST IS OUT TO CUT SERVICE WHILE THE LIST OF HARDWARE AND HELICOPTERS IS BEING REQUESTED THROUGH HOME HOMELAND DEFENSE FUND. I PROPOSE THAT THE SERVICES NEEDED FOR THE SAFETY AND WELL-BEING OF ALL OF OUR CITIZENS SHOULD QUALIFY FOR SOME OF THOSE FUNDS. I'VE ATTACHED SOME -- I'VE ATTACHED TO YOUR -- MY STATEMENT -- LET'S SEE. HOW MUCH TIME DO I HAVE? I DON'T KNOW.

Mayor Garcia: YOU HAVE SIX SECONDS.

WELL, THEN, YOU WILL HAVE TO READ IT. I HAVE ATTACHED A STATEMENT BY THE BOSTON -- [BUZZER SOUNDING] -- POLICE COMMISSIONER, WHICH HE MADE IN 180, 11980. THANK YOU VERY MUCH AND I'M GOING TO BE BACK AGAIN FOR THE SUSTAINABILITY FUND AND WE'LL TALK ABOUT THAT.

Mayor Garcia: THANK YOU, MS. FLYNN. MR. PAUL ROBBINS FOLLOWED BY MR. MIKE ALEXANDER. MR. ROBBINS. WELCOME, SIR.

MAYOR AND COUNCIL, CITIZENS OF AUSTIN, I'M PAUL ROBBINS. I'M A CONSUMER AND ENVIRONMENTAL ADVOCATE. I'M SPEAKING HERE FOR TWO REASONS. FIRST, I WANT TO REINFORCE WHAT MS. FLYNN HAS SAID. BASICALLY IF YOU TOOK 22 MILLION OF THE 183 MILLION DOLLAR DEBT DEFEASANCE FUND, YOU COULD DO AWAY WITH THE CUSTOMER SURCHARGE. AND THEN YOU COULD -- IF YOU WANTED TO, INCREASE TAX RATES TO THE EXTENT THAT THAT CUSHION ALLOWED, AND YOU COULD KEEP SOME OF THE SERVICES THAT ARE SCHEDULED TO BE CUT FROM BEING CUT. ALMOST NONE OF THE HALF BILLION DOLLARS THAT HAS BEEN OVERCOLLECTED BY AUSTIN ENERGY OVER THE LAST FIVE YEARS HAS BEEN SPENT TO BUY DOWN DEBT. WHICH WAS ITS ORIGINAL PURPOSE, AFTER ALL. AND YOU COULD ALSO LOWER RATES PERMANENTLY INSTEAD OF FOR ONE YEAR BY TAKING THAT 183 MILLION AND ACTUALLY BUYING DOWN THE DEBT. I WANT TO BRING UP ANOTHER ISSUE, AND THAT OF THE RECENT AUTOMATIC ELECTRIC METER PURCHASES THAT WERE PART OF A CONTRACT. THAT WAS KEPT SECRET OR PARTS OF IT WERE KEPT SECRET FROM THE PUBLIC. THE GRAY PANTHERS AND I ARE ASKING FOR REVIEW OF THIS PURCHASE TO BE DONE BY THE CITY AUDITOR. WHEN THE CONTRACT WAS APPROVED BY THE COUNCIL, IT WAS SAID TO BE ABOUT $36 MILLION WITH A LITTLE LESS THAN 2 MILLION IN SAVINGS FROM A LAWSUIT SETTLEMENT. BUT MY INTERPRETATION IS A LITTLE BIT DIFFERENT. FOLLOW THESE NUMBERS FOR A SECOND. FIRST, THESE METERS ARE ONLY ONE-THIRD OF OUR CUSTOMERS, RIGHT? RIGHT? OKAY. LET'S ASSUME THE METERS WERE EVENTUALLY PURCHASED BY ALL THE CUSTOMERS, AND YOU ARE NOT GOING TO WANT TO MIX EQUIPMENT, SO THAT'S A PRETTY SAFE GUESS. THEN YOU ASSUME THAT YOU PROBABLY -- SINCE YOU ARE GOING TO BUY THIS SAME METER, YOU ARE NOT GOING TO MIX SYSTEMS, AND IT'S GOING TO COST ABOUT $2 A MONTH TO READ IF YOU OPT FOR TIME OF USE RATES. AND THAT RATE WAS GIVEN TO ME BY ANOTHER UTILITY. AND THEN YOU ASSUME THE METER IS GOING THE LAST 20 YEARS. I COME UP WITH $171 MILLION. NOT $34 MILLION. AND WE OUGHT TO BE FINDING OUT IF WE GOT THE BEST DEAL. IS THIS AN UNREASONABLE REQUEST? THIS IS WHAT YOU HAVE THE CITY AUDITOR FOR. AND I'M ASKING THAT YOU -- [BUZZER SOUNDING] -- FORWARD THIS REQUEST TO THE AUDITOR FOR REVIEW. THANK YOU.

Mayor Garcia: THANK YOU, MR. ROBBINS. MR. MIKE ALEXANDER, AND FOLLOWING MR. ALEXANDER IS MS. SUSANA ALMANZA. MR. MIKE ALEXANDER. MR. MIKE ALEXANDER, HE IS HERE? MS. SUSANA ALMANZA. MS. SUSANA ALMANZA. MR. ALEXANDER NOTED THAT HE WAS GOING TO SPEAK ON WAIVER OR REDUCTION OF QUOTE, UNQUOTE, THIRD PARTY BOARD OF JUSTMENT FEES BY HOMEOWNER. AND MS. ALMANZA WAS GOING TO SPEAK ON EQUITY AND JUSTICE FOR EAST AUSTIN. COUNCIL, THAT'S ALL OF THE PERSONS THAT SIGNED UP TO SPEAK ON THE AGENDA COMMUNICATION, GENERAL, AND AT THIS TIME I'M GOING TO CALL UP ITEM NUMBER 13, 14 -- ITEMS 13 THROUGH 18, AND BEFORE WE TAKE THEM UP, WE NEED TO READ INTO THE RECORD THE CHANGES AND CORRECTIONS FOR THOSE ITEMS.

Goodman: MAYOR, BEFORE YOU GO TO THAT, EVEN THOUGH MR. ALEXANDER WASN'T HERE, COULD I ASK CITY STAFF TO TELL ME WHAT IT WAS HE WAS GOING TO TALK ABOUT? I HAD NEVER HEARD OF THE WAIVER OF THE -- I MEAN OF THE THIRD PARTY BOARD OF ADJUSTMENT APPLICATION.

Mayor Garcia: DO WE HAVE ANYBODY FROM THE CITY MANAGER'S OFFICE WHO CAN SPEAK ON THIS ISSUE? MS. GLASS COA?

MY UNDERSTANDING IS MR. ALEXANDER WANTED CONSIDERATION OF WAIVING FEES. THE BOARD OF ADJUSTMENT APPLICATIONS HAVE A FEE FOR RESIDENTIAL VARIANCE OR FOR COMMERCIAL VARIANCE, AND HE WAS APPEALING A DETERMINATION. HE WAS NOT SEEKING A VARIANCE, HE WAS SEEKING A DETERMINATION FROM THE BOARD OF ADJUSTMENT, AND HE FELT LIKE THE FEES OUGHT TO BE ADJUSTED, WHICH THEY ARE NOT. AND I BELIEVE THAT HE IS NOT HERE BECAUSE HE MAY HAVE UNDERSTOOD THERE WAS A DIFFERENT MECHANISM TO APPROACH THAT CONCERN.

Goodman: RIGHT. I JUST HAD NEVER HEARD OF IT. DO YOU KNOW HOW MUCH IT IS?

I BELIEVE EITHER $400 FOR RESIDENTIAL OR A LITTLE LESS, AND FOR COMMERCIAL A LITTLE HIGHER. APPROXIMATELY AROUND THERE. THANK YOU.

Mayor Garcia: FURTHER QUESTIONS? OKAY. MS. BROWN, IF YOU COULD READ INTO THE RECORD THE CHANGES THAT WE HAVE ON ITEMS 15, 16, 17 AND 18.

YES, SIR. ON ITEM 15 --

Mayor Garcia: ACTUALLY -- YEAH, THOSE ARE THE ITEMS THAT HAVE CHANGES.

ON ITEM 15, DELETE THE DOLLAR AMOUNT OF 88,820,000, AND INSERT 139,955,000. AND IN THE PAREN TE CYST WHERE IT SAYS THE AMOUNT OF 313,000, INSERT THE AMOUNT OF 5,945,021. ITEM 16 HAS BEEN REMOVED BECAUSE IT WAS CONSOLIDATED INTO ITEM NUMBER 15. ITEM 17, DELETE THE AMOUNT OF 131,180,000, AND INSERT 173,260,000. DELETE THE AMOUNT IN PARENTHESIS OF 4,522,033, AND INSERT THE AMOUNT OF 7,298 -- EXCUSE ME, $7,298,427. AND FOR NUMBER 18, THAT ITEM HAS BEEN REMOVED BECAUSE IT WAS CONSOLIDATED INTO ITEM NUMBER 17.

Mayor Garcia: SO SUM 17, THE AMOUNT OF 4,522,033 HAS BEEN CHANGED TO 7 MILLION --

$298,427.

Mayor Garcia: AND THE ONE ON 15 REMAINS IN THE -- IN THE PARENTHESIS REMAINS -- THAT ONE GOES TO 5,945,000. OKAY. AND 21. OKAY. DO WE HAVE SOMEBODY HERE FROM -- I SEE MR. BILL NEWMAN AND SOME OF OUR PEOPLE FROM THE TREASURER'S OFFICE. IF YOU COULD GO STARTING ON ITEM NUMBER 13 AND WE'LL GO DOWN THE LIST.

OKAY. ITEM 3 13 IS --

Mayor Garcia: THIS TIME CERTAIN IS BOND SALES AND IT INVOLVES BONDS OF THE COMBINED UTILITY AND THE WATER AND WASTEWATER UTILITY AND THE ELECTRIC UTILITY.

GOOD AFTERNOON, MAYOR AND COUNCIL, I'M BILL NEWMAN. ITEM NUMBER 13 AS WELL AS ITEM 14, WE WOULD LIKE TO ASK TORE A SEPARATE VOTE ON EACH. CONCERNS AN EFFORT THAT STARTED FORMERLY BACK IN FEBRUARY OF THIS YEAR WHEN WE SPOKE WITH COUNCIL AND COUNCIL AGREED TO GO FORWARD WITH AN ACTION THAT WOULD EFFECTIVELY MODERNIZE THE SERIES 1982 COMBINED UTILITY SYSTEMS ORDINANCE AND PROVIDE FOR TWO THINGS. ONE WOULD BE TO PROVIDE FOR THE RELEASE OF THE RESERVE FUND, AND SECONDLY -- EXCUSE ME -- PROVIDE FOR THE MODERNIZATION IN THE SALE OF ASSETS IN BOTH THE PRIOR AND SUB OR THE NATURE ISSUE. THAT EFFORT WAS CALLED A BOND HOLDER'S CONSENT PROCESS AND WE HAD TO GO TO ALL THE BOND HOLDERS BOTH RETAIL AND INSTITUTIONAL AND ASK FOR THEIR CONSENT TO DO THIS PARTICULAR ACTION. IN DOING SO THAT REQUIRED IN SOME CASES THE EFFORT OF FOLKS LIKE JUAN AND ELAINE AND DENNIS AND MYSELF GOING TO NEW YORK AND TALKING TO INSTITUTIONAL INVESTORS THAT HELD AUSTIN BONDS IN THE SIZE RANGING FROM 10 MILLION TO 200 MILLION AND TRY TO CONVINCE THEM TO DO THIS PARTICULAR -- GIVE THEIR PARTICULAR CONSENT. END OF THE DAY, WE ULTIMATELY GOT THE REQUIRED 51% ON ALL FOUR ITEMS, THAT IS FOUR ITEMS BEING THE FREEING UP THE RESERVE FUND FOR THE PRIOR AND SELLING ASSETS FOR THE PRIOR, THE SAME THING FOR THE SUBORDINATE LIEN DEBT. I WOULD BE REMISS IF I DIDN'T TELL YOU THIS WAS A LONG AND DIFFICULT PROCESS. PEOPLE IN THE ELECTRIC UTILITY AND WASTEWATER AND WASTEWATER UTILITY WORKED VERY HARD. TO BE CANDID, NOBODY WORKED ANY HARDER THAN ELAINE COOLMAN. ELAINE TOOK THIS PROJECT IN HER HANDS AND WRAPPED HER ARMS AROUND IT AND WENT AFTER IT WITH DUE VIGOR. WHEN WE HAD AN INVESTOR THAT SAID WE DON'T KNOW IF WE WANT TO DO THIS, SHE CALLED THEM UP AND SAID WHY NOT AND THEY CHANGED THEIR MIND. SHE TOLD THAT STORY 100 TIMES ON WHAT WE HAD TO TELL THE INVESTORS. I WOULD LIKE TO GIVE HER DUE CREDITOR DOING THAT. IN ANY EVENT, IF I COULD, I WOULD LIKE TO RECOMMEND APPROVAL OF ITEMS NUMBER 13 AND 14, AND SOLICIT ANY QUESTIONS YOU MAY HAVE.

Mayor Garcia: TELL ME AGAIN THE VOTE ON THE -- ON ITEMS 13 AND 14 BY THE BOND HOLDERS?

EXCUSE ME?

Mayor Garcia: WHAT WAS THE VOTE BY THE BOND HOLDERS ON THIS?

WE HAD TO HAVE AT LEAST 51%. WE GOT A LITTLE OVER 51% IN ALL CASES.

Mayor Garcia: IN ALL CASES.

ONE WE GOT 54.2, BUT IT WAS JUST ENOUGH -- THAT'S WHEN WE STOPPED, WE CUT IT OFF.

Mayor Garcia: SO I'LL ENTERTAIN A MOTION ON ITEMS 13 AND 14, AND BEFORE I DO THAT, LET ME SEE IF THERE IS ANY QUESTIONS FOR MR. NEWMAN ON ITEMS 13 AND 14.

WE HAVE TO DO THOSE SEPARATELY, MAYOR, IF YOU DON'T MIND. EXCUSE ME.

Wynn: IN TALKING TO THESE BOND HOLDERS, WHAT COMMENTS DID THEY BRING UP ABOUT NOT ONLY THIS SPECIFIC ISSUE, BUT JUST THEIR WILLINGNESS TO CONTINUE TO PURCHASE BONDS FROM AUSTIN? DID WE HEAR CONCERNS JUST GENERALLY SPEAKING ABOUT SORT OF OUR INDEBTED LEVEL PER CAPITA, YOU KNOW, SORT OF OUR, YOU KNOW, LIKELIHOOD OF MAINTAINING GOOD BOND RATINGS, ET CETERA? WHAT KIND OF FEEDBACK DO YOU GET ABOUT AUSTIN'S DESIRABILITY FROM AN INVESTMENT STANDPOINT?

THAT'S A GOOD QUESTION, AND I'M GLAD YOU BROUGHT IT UP. I MENTIONED EARLIER THAT WE MET WITH BOND HOLDERS THAT MIGHT ONLY HOLD 10 OR 100 MILLION OR MAYBE 250 MILLION OR 350 MILLION. IN THE CASE OF ALL STATE, THEY HOLD WELL OVER 200 MILLION IN BOND. IN EACH CASE I WAS REALLY PLEASED AND PERHAPS SURPRISED TO SEE THESE FOLKS KNOW WHAT GOES ON IN AUSTIN AND THEY'VE KNOWN FOR A LONG TIME. SOME OF THEM GO BACK TO THE 80s WHEN WE WERE DEVELOPING THE SOUTH TEXAS FLACK R PROJECT. THEY KNOW HOW FAST WE'RE GROWING, HOW THE COUNCIL CHANGES. I WAS VERY PLEASED BECAUSE I THINK THAT WORKS IN OUR FAVOR. FOR THE MOST PART, TO ANSWER YOUR QUESTION, ALL OF THEM STILL THINK AUSTIN IS A GOOD CREDIT. THE FACT THAT WE'VE TAKEN THIS ORDINANCE AND MODERNIZED THE '82 ORDINANCE AND PUSHED IT ASIDE AND WE NOW ISSUE ONLY WATER AND/OR ELECTRIC BONDS WAS VIEWED AS A PLUS BECAUSE IT MAKES IT MORE POSTURED AND READY FOR DEREGULATION, IF YOU WOULD. WE HAD A FEW THAT SAID HEY, WE DON'T WANT TO FREE UP THAT MONEY. WE WOULD RATHER YOU KEPT THAT MONEY RATHER THAN SUBSTITUTE IT WITH A SURETY BECAUSE THEY THINK RIGHT FULLY SO CASH IS KING. IN D.A.'S ENVIRONMENT, EVERY ELECTRIC -- IN TODAY'S ENVIRONMENT EVERY ELECTRIC UTILITY IS DOING WHAT WE'VE DONE AND SUBSTITUTE A SURETY FOR IF RESERVE FUND. WHAT CHANGED THEIR MINDS WAS THE FACT THE BOND ORDINANCE SAYS WE HAVE TO TAKE THAT MONEY AND PAY OFF SOME OF THOSE OLD BONDS THEY HELD. SO AGAIN, THAT STRENGTHENS THEIR CREDIT AND MAKES THEM LIKE US MORE. TO THE EXTENT WE'RE PAYING THEM OFF, ONE MENTIONED THAT'S GOOD, NOW I CAN BUY MORE AUSTIN BONDS BECAUSE I'M NOT UP TO MY LIMIT ON WHAT I CAN HOLD. I WAS VERY PLEASED AND AGAIN SURPRISED WITH THE AMOUNT OF KNOWLEDGE HE THEY HAD ABOUT THE CITY AND WHAT GOES ON TODAY NOT JUST WHEN THEY BOUGHT THE BOND.

Wynn: THANK YOU.

Mayor Garcia: FURTHER QUESTIONS FOR MR. NEWMAN.

Slusher: MR. NEWMAN, COULD YOU TELL US WHAT RISKS, IF ANY, ARE INVOLVED IN THIS NEW WAY OF DOING IT AS OPPOSED TO SWAP AND PREVIOUSLY?

THIS ITEM WE'RE SPEAKING OF RIGHT NOW IS ACTUALLY ON THE CONSENT FOR THE RESERVE FUND. AND A SWAP ITEM WHEN I GET TO THAT -- IF YOU DON'T MIND, I WAS JUST GOING TO THROW THAT IN THERE: YOU HAD A QUESTION EARLIER ABOUT THE ASSET SALE ON THIS SIDE.

Slusher: I DON'T THINK THAT WAS ME.

Mayor Garcia: FURTHER QUESTIONS ON ITEMS 13 AND 14. WE'LL TAKE EACH ONE SEPARATELY. IF NOT, IS THERE A MOTION ON ITEM NUMBER 13.

Wynn: MOVE APPROVAL, MAYOR.

Mayor Garcia: MOTION BY COUNCILMEMBER WYNN. IS THERE A SECOND? SECONDED BY COUNCILMEMBER ALVAREZ. DISCUSSION? ALL IN FAVOR SAY AYE. OPPOSED NO. MOTION CARRIES ON A VOTE OF RECEIVE TONE ZERO. ANYTHING -- SEVEN TO ZERO. ANYTHING ELSE?

THEY ARE BOTH THE SAME. ONE IS PRIOR, ONE IS SUBORDINATE LIEN DEBT.

Mayor Garcia: QUESTIONS ON 14? IF NOT, I'LL ENTERTAIN A MOTION ON ITEM 14.

Wynn: SUE MOFD, SO MOVED.

Mayor Garcia: ALL IN FAVOR SIGNIFY BY SAYING AYE. MOTION CARRIES ON A VOTE OF SEVEN TO ZERO. ITEM NUMBER 15, AND LET ME SAY WE READ INTO THE RECORD EARLIER THAT ITEMS 16 AND 18 ARE NO LONGER -- THEY'VE BEEN REMOVED FROM THE AGENDA BECAUSE OF THE FACT THEY COMBINED 15 AND 16 INTO ONE. MR. NEWMAN.

MAYOR, AGAIN I THINK COUNCIL HAS TOLD ME WE WANT SEPARATE VOTES ON 17 AND 15.

Mayor Garcia: WE WILL DO THAT.

TO GIVE A LITTLE HISTORY, THIS ITEM GOES BACK SOME TIME AS WELL. IT'S BEEN ALMOST A YEAR AGO THAT LEHMAN BROTHERS, SPECIFICALLY JOHN DANIELS IN THE AUDIENCE, BOUGHT US AN IDEA ABOUT DOING A REFUNDING FOR THE 1992 BOND THAT INVOLVED A SWAP. PART OF IT WAS GOING TO BE A FIXED RATE AND PART OF IT A SWAP. DENNIS WHALEY AND I AND JOHN STEVENS AND VICKY SHOE BETTER, ALL OF US KIND OF SCRATCHED OUR HEAD OVER THAT. WE WENT TO THE UTILITIES AND THEIR CFOs AND TRIED TO GET THEM COMFORTABLE AND IT TOOK US A WHILE. ULTIMATELY WE DECIDED TO GO WITH A REFUNDING BECAUSE OF THE LEVEL OF SAVINGS THAT WOULD INVOLVE A FIXED RATE OR A NORMAL FIXED RATE REFUNDING AND A SWAP TRANSACTION. WHAT YOU HAVE BEFORE YOU TODAY IS, AGAIN, REFUNDING THE COMBINED UTILITY SYSTEMS BONDS, THE '92 BONDS, AND REPLACING THEM WITH ELECTRIC BONDS AND/OR WATER AND WASTEWATER BONDS. IN THIS CASE THE ELECTRIC UTILITY SYSTEM REFUNDING BONDS SERIES 2002 A WILL AMOUNT TO 173,260,000. IF YOU WOULD GIVE THOSE OUT, PLEASE. SORRY. AND THE WATER AND WASTEWATER SYSTEM REVENUE REFUNDING BONDS, 139,955. SOME OF THE PLAYERS INVOLVED IN THIS TRANSACTION IN THE BOOK THAT CHRIS ALLEN ALSO IS HANDING OUT LEHMAN BROTHERS AND A SYNDICATE UNDERNEATH THEM. BOND COUNCIL WITH FULLBRIGHT AND JAWORSKI, AND OF COURSE PFM. ONCE YOU GET THOSE BOOKS, IF YOU WOULD TURN TO THE -- TO PAGE 2, IT SUMMARIZES THE TRANSACTIONS THEMSELVES. THE WATER AND WASTEWATER SYSTEM BONDS WERE AGAIN ISSUED TO REFUND APPROXIMATELY 145,925,000 IN BONDS. BUT THE GOOD NEWS IS IN THIS CASE, AND IT'S GOING TO BE THE CASE IN THE ELECTRIC AS WELL, THE REFUNDING RESULTED IN A PRESENT VALUE SAVINGS FAR IN EXCESS OF YOUR MINIMUM THRESHOLD, FOUR AND A QUARTER, BUT IN THIS CASE WE'RE ABOUT 9.28% OR 13 NATURAL MILLION DOLLARS TO THE WATER AND WASTEWATER UTILITY PRESENT VALUE SAVINGS O THE ELECTRIC UTILITY, THAT DEAL SIZE WAS 203,855,000. IT RESULTED IN A SAVINGS TO THE ELECTRIC UTILITY OF $16,758,823 OR 8.22%. THE NET EFFECTIVE INTEREST COSTS ON THESE TWO TRANSACTIONS WAS 4.02. AND 4.0%. WHICH IS EXTREMELY GOOD TO SAY THE LEAST. THEY DID GO OUT TO 2016. THE NET EFFECTIVE INTEREST RATE OR THE TRUE INTEREST COST FOR THE ELECTRIC UTILITY BONDS WERE 4.0% FOR THE WATER AND WASTEWATER BONDS, 4.2. THE ONLY REASON IS THE FACT ELECTRIC WAS A LITTLE SHORTER I THINK THAN THE WATER AND WASTEWATER WAS. THESE ARE HORRENDOUSLY GOOD SAVINGS LEVELS, TO SAY THE LEAST. THAT'S A TOTAL OF ALMOST $30 MILLION THAT'S GOING TO GO BACK TO UTILITIES. SO CONGRATULATIONS. IT'S A GREAT SALE.

Mayor Garcia: SO THAT REFERENCE TO 4.0 AND 4.02, THAT'S THE RATE OVER THE TERM OF THE --

THE TRUE INTEREST COST OVER THE TERM OF THE BONDS.

Mayor Garcia: OKAY. AND THAT TERM THAT IS CORRECT PERIOD IS HOW LONG?

THEY GO OUT TO 16.

Mayor Garcia: OKAY. THAT'S 14 YEARS.

YES, SIR.

Mayor Garcia: COUNCIL, THE NUMBERS THAT I READ INTO THE RECORD WHEN WE CORRECTED ITEM 15 AND 17, WE READ THAT THE ISSUANCE OF APPROXIMATELY 139,955 -- 139,955,000, ACCORDING TO THIS BOOK IT'S A LITTLE BIT LOWER. 139,695, SO I DON'T KNOW WHICH NUMBER IS CORRECT.

THE BOOK IS RIGHT, MAYOR.

Mayor Garcia: THIS ONE?

YES.

Mayor Garcia: SO IT'S 139,695 ON THE WATER AND WASTEWATER. ALSO THE QUESTION THAT I HAD ON THIS ONE IS THAT THE DEBT SERVICE, THE COMBINED DEBT SERVICE UNDER THE OLD IN THE FIRST ITEM, THESE TWO ITEMS WERE LISTED ON THE AGENDA, WAS SLIGHTLY LESS THAN WHAT IT ULTIMATELY CAME OUT AT 5,945,000. WHY IS THAT?

MAYOR, WHICH ONE WAS LESS? THE ORIGINAL OR --

Mayor Garcia: ITEM 15 HAD IN THE FISCAL NOTE THE AMOUNT OF $3,123,038, STIPTD DEBT SERVICE REQUIREMENT FOR THE PAYING AGENT WAS INCLUDED IN THE BUDGET. AND 16 HAD 2,008,936.

THAT'S A RESULT WHEN WE DID THE ITEM ITSELF WE GOT A BETTER INTEREST RATE SO IT IMPROVED IT.

Mayor Garcia: WELL, IT ACTUALLY WENT THE OTHER WAY.

IT WENT FROM 3 MILLION TO 2,000,009.

Mayor Garcia: YOU HAVE 15 AND 16, THAT WOULD BE ABOUT 5 MILLION. THEN THE NEW ONE SAYS IT'S GOING TO BE 5,000,009. SLIGHTLY OVER.

I LOOKED ONLY AT 15 AND THAT SHOWED AN IMPROVEMENT. THE OTHER ONE SHOWED A SLIGHT INCREASE. SO YOU ARE RIGHT.

Mayor Garcia: IS THERE ANY EXPLANATION FOR THAT? IS THAT JUST THE FACT THAT THESE NUMBERS WERE LISTED WRONG?

THEY WERE PRELIMINARY. WHEN WE GET THE ACTUAL HARD NUMBERS WE ADJUST TO FINAL NUMBERS. ACTUALLY WE DON'T KNOW THOSE NUMBER UNTIL LATE YESTERDAY, EARLY THIS MORNING.

Mayor Garcia: OKAY. SO THE 5,945,021 ESTIMATED DEBT SERVICE, THAT'S A CORRECT AMOUNT?

YES, SIR.

Mayor Garcia: OKAY. QUESTIONS FOR MR. NEWMAN.

Wynn: MAYOR.

Mayor Garcia: COUNCILMAN.

Wynn: COULD YOU WALK US THROUGH, TOP OF YOUR HEAD, HOW THIS EFFECTIVE INTEREST RATE OF JUST -- I MEAN JUST A FRACTION OVER 4%, HOW THAT TRACKS WITH SOME RECENT REFINANCING A AND OTHER BOND SALES WE'VE HAD IN THE LAST, SAY, 18 MONTHS. SORT OF AS OUR ECONOMY HAS SLOWED, I'M SURE SINCE THE -- WE'RE TRACKING WITH OUR COST OF FUNDS.

WE LOOK AT THAT ON A REGULAR BASIS. OFF THE TOP OF MY HEAD, I WILL TELL YOU BECAUSE THE MARKET HAS IMPROVED, THIS IS GOING TO BE A BETTER LEVEL THAN WHAT YOU WOULD HAVE GOTTEN BEFORE. AS YOU KNOW WHRKS THE KNOW, WHAT IS GOOD FOR THE STOCK MARKET IS BAD FOR THE BOND MARKET AND VICE VERSA. THERE'S A FLIGHT FOR QUALITY. PEOPLE WILL COME OVER AND START BUYING MUNICIPAL BONDS AND THAT'S BEEN THE CASE IN THE LAST SEVERAL MONTHS. AND THAT'S IMPROVED THE RATE ON THE BONDS THAT WE WOULD NORMALLY GET ON SOLD. WHEN WE LOOK AT THIS PARTICULAR TRANSACTION BACK IN JULY AND GAVE ESTIMATES ON WHAT THE SAVINGS LEVEL WOULD BE, WE ESTIMATED THAT A TOTAL OF ABOUT 120 -- PARDON ME, ABOUT 27 MILLION. AS IT TURNED OUT WE GOT A SAVINGS LEVEL OF NEAR 30 MILLION. SO BOND RATES HAVE IMPROVED.

Wynn: RIGHT. WITH THAT IN MIND, ARE WE TAKING A PRETTY AGGRESSIVE STANCE OR POSITION, ANALYSIS OF TRYING TO TAKE ADVANTAGE OF THE ATTRACTIVENESS OF BONDS RECENTLY IN FIGURING WHETHER WE HAVE OTHER REFINANCING OPPORTUNITIES OR BOND SALES?

YES, SIR. AS A MATTER OF COURSE, THE YOUNG MAN IN THE FRONT SEAT, CHRIS ALLEN, KEEPS A MODEL ON ALL YOUR DEBT. AND HAVE YOU A THRESHOLD FOR REFUNDING IS 4.25% PV SAVINGS AND HE MONITORS ON A WEEKLY BASIS YOUR DEBT LEVEL. WHEN THE DEBT GETS NEAR THAT POINT WE PUT A GROUP TEG AND GO OUT TO MARKET. WE KEEP A PARTICULARLY CLOSE EYE ON IT IN THIS TYPE OF ENVIRONMENT.

Wynn: THANK YOU.

Mayor Garcia: FURTHER QUESTIONS ON ITEM NUMBER 16? ITEM NUMBER 15, I'M SORRY. AND THE PRESENT VALUE SETTING ON THAT ONE IS 9.27 COMPARED TO THE THRESHOLD THAT IS IN OUR POLICY OF 4.5?

4.25.

Mayor Garcia: 4.25. SO IT'S ABOUT FIVE POINTS ABOVE -- 500 BASIS POINTS ABOVE? NO. 5%.

5% IS OKAY TOO.

Mayor Garcia: OKAY. I'LL ENTERTAIN A MOTION ON THIS TRANSACTION.

Slusher: MAYOR, WHEN ARE YOU GOING TO GET TO THE ONE ABOUT THE RISK, MR. NEWMAN?

LET'S TALK ABOUT THAT A MINUTE. AS I MENTIONED, LEHMAN BROTHERS BROUGHT US A SWAP TRANSACTION SOME TIME AGO AND IT TOOK US A LONG TIME TO GET USED TO IT. HI A MEETING AS A SIDE STORY, A WEEK OR SO AGO WITH COUNCILMEMBER DUNKERLEY TO EXPLAIN THIS TRANSACTION. SHE LOOKED AT ME AND SAID THIS SWAP, BILL, ISN'T IT THE SAME SWAP THAT YOU AND I TURNED DOWN ABOUT FIVE YEARS AGO, SAME TYPE OF TRACKS? I SAID YES, IT IS. IN FACT, IT'S A LITTLE MORE COMPLICATED. WHEN WE BEGAN LOOKING AT THAT SWAP, AS I SAID, IT TOOK A LONG TIME FOR TO US GET COMFORTABLE PARTIALLY BECAUSE WHEN THE DAYS COUNCILMEMBER DUNKERLEY AND I LOOKED AT THOSE TYPE OF TRANSACTIONS, THERE WERE A LOT OF RISK AFFORD TO DO THEM. SOME OF THOSE RISKS ARE TAX RISK, COUNT HE-PARTY RISK AND SO FORTH. IN THIS PARTICULAR CASE, WHAT WE WERE LOOKING AT, AND WE NEVER DID IT, IS THE END OF MY STORY, WE WERE LOOKING AT A TRANSACTION THAT WOULD INVOLVE US ISSUING VARIABLE RATE BONDS, GETTING A PAYMENT BACK FROM LEHMAN THAT WAS EQUAL TO THOSE BONDS AND US ACTUALLY PAYING A FIXED RATE. THE TYPE OF SWAP WE WERE GOING TO LOOK AT WAS GOING TO PRACTICALLY ELIMINATE TAX RISK, BASIS RISK, COUNTER-PARTY RISK AND SO FORTH BECAUSE OF THE CIRCLE OF SECURITY WE HAD DRAWN AROUND IT. AT THE END OF THE DAY -- WE LOOKED AT THE MARKET AS LATE AS WEDNESDAY MORNING AND RAN THE NUMBERS, AND THERE WAS A LOT OF VOLATILITY IN THE MARKET THIS WEEK, AS YOU SAW. THE STOCK MARKET MOVING 400 POINTS TO THE RESIDUAL EFFECTS THE FOLLOWING DAYS ON TREASURES. WHEN WE TOOK A SNAPSHOT OF THE MARKET WEDNESDAY MORNING, THE SWAP DIDN'T WORK ANYMORE. IT WASN'T TO OUR ADVANTAGE ECONOMICALLY TO DO THE SWAP FROM A NUMBERS STANDPOINT. SO WHAT WE DID WAS FLIP AT THAT TIME AND PUT IT ALL INTO A STANDARD FIXED RATE REFUNDING TRANSACTION. AND WE THREW THE SWAP OUT. WE EFFECTIVELY ELIMINATED ALL THOSE RISKS. BUT IN A -- IN THIS CASE, WE FELT LIKE THAT THE ADDITIONAL RISK THAT YOU WOULD HAVE BEEN AFFORDED, LIKE VARIABLE RATE BOND RISK, HAD BEEN TAKEN CARE OF AS WELL AS TAX RISK AND COUNTER-PARTY RISK.

Slusher: THANK YOU, MR. NEWMAN.

Mayor Garcia: WE'RE GOING TO HAVE A POP QUIZ LATER ON IN THE MEETING FOR TO YOU EXPLAIN ALL OF THAT IN WRITING. [LAUGHTER] COUNCILMEMBER SLUSHER. AND YOU CAN'T GET HELP FROM COUNCILMEMBER DUNKERLEY ON THAT ONE. FURTHER QUESTIONS? COMMENTS? I'LL ENTERTAIN A MOTION ON ITEM NUMBER 16. 15. I'M SORRY.

Wynn: MOVE APPROVAL, MAYOR.

Mayor Garcia: MOTION BY COUNCILMEMBER WYNN ON ITEM 15 WITH THE CORRECTIONS AS READ INTO THE RECORD. IS THERE A SECOND?

SECOND.

Mayor Garcia: SECONDED BY COUNCILMEMBER THOMAS. DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. OPPOSED NO. MOTION CARRIES ON A VOTE OF RECEIVE TONE ZERO. -- ON A VOTE OF SEVEN TO ZERO. ITEM 17.

I HAD GIVEN YOU THE INFORMATION ON BOTH ITEMS, MAYOR. IF I AGAIN OFFER THAT THAT'S A GREAT TRANSACTION, A SUPER SAVINGS LEVEL AND RECOMMEND APPROVAL OF THIS ITEM AS WELL.

Mayor Garcia: I'LL ENTERTAIN A MOTION ON ITEM NUMBER 17.

Thomas: MOVE APPROVAL, MAYOR.

Mayor Garcia: MOTION BY COUNCILMEMBER THOMAS. SECONDED BY COUNCILMEMBER ALVAREZ. DISCUSSION? ALL IN FAVOR SAY AYE. OPPOSED NO. MOTION CARRIES ON A VOTE OF SEVEN TO ZERO. THAT ONE IS 8.21. LIKE WE INDICATED, ITEM 16 AND 17 HAVE BEEN REMOVED. DO WE NEED TO HAVE A MOTION TO REMOVE THOSE, MS. BROWN, FROM THE AGENDA? ITEMS 16 AND 17.

WE WOULD PREFER.

Mayor Garcia: I'LL ENTERTAIN A MOTION TO HAVE ITEMS 16 AND 17 REMOVED FROM THE AGENDA.

Thomas: SO MOVED, MAYOR.

Mayor Garcia: MOTION BY COUNCILMEMBER THOMAS. I'LL SECOND THAT. ALL THOSE IN FAVOR SAY AYE. OPPOSED NO. MOTION CARRIES ON A VOTE OF RECEIVE CONVENIENTSEVEN TO ZERO. WE'RE THROUGH WITH THE 2:00.

I WOULD BE HARD PRESS TO DO BRING YOU A BETTER DEAL. IT'S TERRIFIC. CONGRATULATIONS.

Mayor Garcia: I THINK WE'RE GOING TO CHANGE OUR POLICY TO MOVE THAT THRESHOLD.

I THINK THAT'S A GREAT IDEA. YOU WON'T SEE ME FOR A WHILE. [LAUGHTER]

Mayor Garcia: THANK YOU VERY MUCH, MR. NEWMAN AND THE STAFF MEMBERS, MR. WHALEY AND ANYBODY WHO WORKED ON THIS TRANSACTION. THE MEMBERS OF THE UTILITY. COUNCIL, WE HAVE A -- IT'S 67:89 WE HAVE2:25. WE HAVE A TIME CERTAIN OF 2:10 FOR THE AUSTIN HOUSING FINANCE CORPORATION AND THAT IS GOING TO BE LONGER THAN FIVE MINUTES. SO WHAT WE'RE GOING TO DO IS WE'RE GOING TO RECESS FOR ABOUT FIVE MINUTES SO THAT WE CAN TAKE THE 2:30 ONE, WHICH IS GOING TO BE VERY SHORT, THEN WE'LL GO BACK TO THE 2:10. THE COUNCIL WILL STAND IN RECESS FOR FOUR MINUTES, AND IF THE FOLKS THAT ARE HERE ON ITEM NUMBER 48, AND THE FOLKS FROM THE PARKS DEPARTMENT CAN GET READY, CITY MANAGER, WE HAVE A ORDINANCE AT THAT TIME THAT THE COUNCIL WILL BE CONSIDERING. SO WE ARE IN RECESS UNTIL 2:30. [RECESS] [ONE MOMENT, PLEASE, FOR CHANGE IN CAPTIONERS] 2:26 P.M. 2:35.

... WHEN TXDOT WAS CONSIDER K BUILDING A BRIDGE ACROSS TOWN LAKE, SHE CAME AND VISITED WITH ME ABOUT BUILDING A PEDESTRIAN BRIDGE, AND THROUGH HER INITIATION AND WORKING WITH THE DEPARTMENT, THAT BRIDGE WAS CONSTRUCTED. SO, WE'RE REAL PROUD OF MRS. CRENSHAW AND WHAT SHE'S DONE AS FAR AS GETTING THAT BRIDGE CONSTRUCTED, BUT I WAS REAL HONORED AND PLEASED WHEN AFTER 30 SOME YEARS SHE CALLS ME ON THE PHONE AND SAYS, PLEASE BE HERE TODAY, AND SO, THANKS FOR INVITING ME AND WE APPRECIATE ALL THAT YOU'VE DONE AND REMEMBERING THAT I WAS A PART OF HELPING YOU GET THAT BUILT. [ APPLAUSE ]

OKAY, WELL, I'LL JUST SAY TEXAS SO MY PERSONAL THANKS TO ROBERTA CRENSHAW BECAUSE SHE DID CHANGE THE FACE OF THIS CITY. WHEN I FIRST VISITED HERE AS A CHILD IT HAD ITS CHARM, BUT THERE WERE THINGS THAT NEEDED SOME WORK AND ROBERTA CRENSHAW DEDICATED HERSELF TO MAKING THOSE CHANGES AND THE WIDE AND GRACIOUS RIVERWAY THAT WE HAVE I LAY AT HER DOOR AND THE CREDIT FOR OTHER PEOPLE FOLLOWING HER EXAMPLE HAS BEEN AN AMAZING ONE, A STRONG LEGACY NOT ONLY FOR US IN THIS CITY BUT FOR THE STATE OF TEXAS AND THE GREAT THINGS THAT PEOPLE ARE ABLE TO EXPERIENCE WHEN THEY COME HERE. I WANT TO THANK ROBERTA FOR ALL OF THOSE THINGS AND FOR BEING A FRIEND. [ APPLAUSE ]

Mayor Garcia: COUNCILMEMBER SLUSHER.

I SAID A LOT OF GOOD THINGS ABOUT MS. CRENSHAW OVER THE YEARS. I WILL BE REPEATING MYSELF A LITTLE BIT AND ALSO WHAT MAYOR PRO TEM GOODMAN MAN SAID BECAUSE, I THINK THAT WE CAN ALL THANK HER FOR THE FACT THAT WE HAVE THE HIKE AND BIKE TRAIL ALONG TOWN LAKE AND THAT IS THE KIND OF LEGACY THAT VERY FEW CAN HAVE. WE'RE TALKING THOUSANDS OF PEOPLE EVERY DAY ENJOYING THAT TRAIL, A LOT OF THEM NEVER MET MS. CRENSHAW, BUT I'M HONORED TO HAVE MET HER AND SPENT SOME TIME WITH HER AND I THINK THAT THE FIRST THING I THOUGHT I SAW HER NAME ON THIS BRIDGE IS THAT IT WASN'T ENOUGH. SO MAYBE WE'RE JUST GETTING STARTED. THANK YOU.

Mayor Garcia: COUNCILMEMBER ALVAREZ? THANK YOU, MAYOR, I WANT TO EXTEND MY THANKS TO MS. CRENSHAW FOR ALL THE WORK SHE'S DONE THROUGHOUT THE YEARS. I THINK IT'S ONE OF THE THINGS WHEN YOU GET IN THIS POSITION YOU HEAR A LOT OF WAR STORIES AND A LOT OF HISTORY IN TERMS OF HOW THE CITY HAS DEVELOPED AND WHO SOME OF THE KEY PLAYERS WERE IN TERMS OF PRESERVING THE QUALITY OF LIFE THAT WE ALL ENJOY TODAY AND CERTAINLY MS. CRENSHAW'S NAME COME UP SEVERAL TIMES AND I DID HAVE THE PRIVILEGE OF BEING ABLE TO SIT DOWN AND DISCUSS SOME ISSUES WITH HER. AT PREVIOUS TIMES I AM HONORED TO HAVE BEEN ABLE TO DO THAT AND WORK WITH YOU AND OTHER FOLKS THAT AREO ACTIVE IN THE COMMUNITY BUT THANK YOU VERY MUCH. FOR EVERYTHING THAT YOU'VE DONE AND I'M VERY SUPPORTIVE OF THE IDEA AND I THINK SURELY WE CAN DO MORE, BUT I THINK LIKE COUNCILMEMBER SLUSHER SAID THIS IS A GOOD START SINCE YOU WERE SO INTEGRAL IN SECURING THIS PARTICULAR PART OF OUR SYSTEM, YOU KNOW, IN TERMS OF THE TOWN LAKE AND PARK, SO THANK YOU VERY MUCH. [ APPLAUSE ] COUNCILMAN SANDERS COUNCILMAN SANDERS THANK YOU, COUNCILMEMBER ALVAREZ. COUNCILMEMBER DUNKERLY?

Mayor Garcia: SHE'S STILL GETTING USED TO HOW TO HANDLE THE MIKE.

I WANT TO SAY THANK YOU FOR ALL OF THE THINGS THAT YOU'VE DONE TO MAKE THIS COMMUNITY SO SPECIAL FOR ALL OF US. I DON'T KNOW HOW WE WOULD EVER HOPE TO REPAY YOU, BUT I WANT TO SAY MY THANKS AND THE THANKS FOR SO MANY PEOPLE WHO CAN'T BE HERE TODAY.

COUNCILMEMBER WINN?

THANK YOU, MAYOR. I FEEL LIKE ONE OF THE FORTUNATE FOLKS IN AUSTIN THAT I THINK OF MYSELF, GET THIS SORT OF DOUBLE DIP FROM MRS. CRENSHAW'S GENEROSITY OVER THESE YEARS. I HAPPEN TO LIVE AROUND THE CORNER FROM HER AND OUR LOCAL LITTLE PARK WHERE I TAKE MY TWO PRESCHOOL DAUGHTERS TO ON AT LEAST A WEEKLY BASIS, IT EXISTS BECAUSE OF THE GENEROSITY OF MS. CRENSHAW SO I ENJOY THAT WITH MY WIFE AND CHILDREN ON A WEEKLY BASIS. BELIEVE IT OR NOT I DO JOG AROUND TOWN LAKE HIKE AND BIKE TRAIL AND ACROSS THIS BRIDGE ON VIRTUALLY A DAILY BASIS, AND I'LL TELL YOU, IT'S FUN TO NAME SOMETHING LIKE THIS AFTER ROBERTA, LIKE COUNCILMEMBER SLUSHER, IT SURE SEEMS LIKE NOT ENOUGH. I KNOW THAT MY LIFE IS POSITIVELY AFFECTED BY THE GENEROSITY OF MRS. CRENSHAW AND HER DEDICATION AND EXAMPLE THAT SHE'S SET FOR ALL OF US, SO I THANK YOU, ROBERTA. [ APPLAUSE ] MACE MACE COUNCILMEMBER THOMAS?

THANK YOU, MAYOR. TO MS. CRENSHAW IT'S BEEN AN HONOR TO BE IN YOUR PRESENCE. YOU'VE ALWAYS BEEN OPEN, HONEST, STERN, AND FIGHT FOR THE ISSUES THAT ARE RIGHT FOR THE CITIZENS OF AUSTIN. THIS IS AN HONOR JUST TO BE HERE ON THIS KAWNL THE SAY TO YOU THAT YOU'RE A DEAR FRIEND AND GOD BLESS YOU, GOD KEEP YOU. [ APPLAUSE ]

Mayor Garcia: EVERYBODY'S LEFT OUT ONE WORD AND I WANT TO BRING IT UP BECAUSE THAT IS TRADITIONAL ROBERTA CRENSHAW AND THAT IS BRIEF. YOU KNOW, IN THIS DAY AND TIME WHEN WE'VE HAD THE LONG SPEECHES IN THESE CHAMBERS, I GO BACK TO THE TELEPHONE CALLS THAT I WOULD GET FROM TIME TO TIME FROM MS. CRENSHAW AND SAY -- SHE WOULD SAY, "GUS, YOU NEED TO DO THIS. THANK YOU. BYE." [LAUGHTER]. EVEN THE MESSAGES THAT WERE MORE EXPLICIT THAN THAT WERE NO LONGER THAN THAT, AND ALWAYS TO THE POINT, BUT AUSTIN IS A BETTER PLACE TODAY BECAUSE OF YOU. AND I THINK THAT YOU SET A STANDARD FOR OTHER AUSTINITES, FOR ALL OF US, AS TO WHAT IT IS THAT WE MUST DO TO MAKE THIS CITY BETTER. THAT IS A CHALLENGE. URBAN AREAS ARE THREATENED IN SO MANY DIFFERENT WAYS. BUT IF PEOPLE UNDERSTAND THE CONCEPT OF COMMUNITIES, OF CITIES, WE ALL LIVE HERE, THIS IS OUR NEST, THIS IS WHERE WE SPEND OUR TIME, THEN I THINK THIS CITY WILL BE BETTER AND I THINK YOU HAVE SET THE THE STANDARD AND I SAY THANK YOU TO YOU AND I HOPE THAT YOU CONTINUE TO DO WHAT YOU'VE BEEN DOING ALL YOUR LIFE AND PROVIDE FOR US THE GUIDANCE THAT WE NEED TO MAKE OUR CITY BETTER. THANK YOU SO VERY MUCH. AND THANK YOU FOR BEING HERE. [ APPLAUSE ]

MAYOR, AND MEMBERS OF THE COUNCIL, MEMBERS OF THE PARKS BOARD ARE HERE, ROSEMARY CASTLEBERRY, AND ALSO MARY ARNOLD WHO HAVE ALL PLAYED A MAJOR ROLE IN MAKING SURE THAT THIS PROCESS WAS PROPERLY MOVED ALONG THROUGH ITS PROPER CHANNELS AND WE ALSO WANT TO THANK THEM FOR ALL THE WORK THEY DID IN MAKING SURE THIS THIS ITEM GOT TO YOU HERE TODAY. THANK YOU. [ APPLAUSE ]

Mayor Garcia: YOU MIGHT WANT TO SAY A FEW WORDS ABOUT THE ACTIONS OF THE PARKS BOARD. YOU CAN SIT RIGHT HERE.

I WOULD SAY IT'S A PRETTY UNANIMOUS DECISION ON OUR PART. THERE WASN'T ANY -- ANY THOUGHT THAT THIS SHOULDN'T BE DONE, AND WE VOTED UNANIMOUSLY, AS I SAID. I CAN'T THINK OF ANYBODY MORE DESERVING AND HAVING SOMETHING NAMED AFTER THEM THAN ROBERTA CRENSHAW. WELL-KNOWN AS BOBBY CRENSHAW AND SHE DOESN'T MIND THAT AT ALL. WE CAN'T EVEN BEGIN TO SAY HOW MUCH WAS -- HER MARK IS PUT ON THAT PARK AS TO WHERE WE SHOULD GO. I'VE HAD SOME OF THOSE CALLS TO GUS IS LET'S GET IT HAPPEN. AND WE DO. I'M REALLY PROUD TO BE THE CHAIRMAN OF THAT BOARD. ANYWAY -- ANYWAY, THERE SHE IS. I WANT TO SEE THIS SIGN. I THINK I WANT TO SEE THIS GET STARTED AS SOON AS POSSIBLE, AND SO I DEFINITELY HAVE A RECOMMENDATION OF, YES, YOU SHOULD GO AHEAD ON THIS.

THANK YOU,.

IF THE MAYOR AND THE MAYOR PRO TEM AND MEMBERS OF THE COUNCIL WOULD LIKE TO UNVEIL THE SIGN AND THEN HAVE MS. CRENSHAW SAY A FEW WORDS.

LET'S MAKE A MOTION TO APPROVE THIS ORDINANCE SO WHEN WE UNVEIL IT IT'S SOMETHING THAT HAS BEEN APPROVED. IS DISCUSSION. ALL THOSE IN FAVOR SIGNIFY BY SAYING EYE. ALL OF US NEED TO WALK OVER THERE, TAKE YOUR MICS OFF AND... [ APPLAUSE ]

THRAWSM, MAYOR, MEMBERS OF THE COUNSEL. ALSO IN THE AUDIENCE WE HAVE SOME FAMILY MEMBERS, CHARLIE CRENSHAW, AND I THINK MARCIA IS SOMEWHERE, IF YOU COULD PLEASE STAND. [ APPLAUSE ] AND WE ALSO HAVE JULIE. PLEASE STAND. THANK YOU VERY MUCH. CHARLIE, IF YOU WANT TO COME UP AND SAY A COUPLE OF WORDS BEFORE MS. CRENSHAW WILL ADDRESS THE MAYOR AND MEMBERS OF THE COUNCIL.

THANK YOU. I JUST WANT TO SAY REAL QUICK THIS IS A SPECIAL DAY FOR THE CRENSHAWS. I INHERITED MY DAD'S EMOTIONAL TALENT BUT IF I GET THROUGH THIS, THIS IS KIND OF COMPLETING A CIRCLE, COMPLETING A LAP AROUND TOWN LAKE AND JOYCE MAKES EVERYONE ENJOY THE LAKE AND THIS IS COMPLETING A CIRCLE FOR BOBBY, SO THANK Y'ALL VERY MUCH. [ APPLAUSE ]

THANK YOU, CHARLIE. MAYOR, MEMBERS OF THE COUNCIL, IT GIVES ME A GREAT HONOR TO INTRODUCE ROBERTA CRENSHAW. [ APPLAUSE ]

I DON'T THINK ANY OF YOU UNDERSTAND THE GREAT EMOTION I'M FEELING. I CANNOT BELIEVE THAT EVERYONE ON THIS COUNCIL HAS SAID THE WONDERFUL THINGS THAT THEY SAID TO ME. AND I REALLY WANT TO JUST GET UP HERE AND CRY, BUT I MUSTN'T DO THAT, BUT I'M GOING TO TELL YOU SOMETHING THAT MIGHT BE A LITTLE BIT AMUSING. THIS BEAUTIFUL LITTLE BRIDGE IS -- HAS KIND OF BEEN TOUGH TO LAY THERE LIKE A LITTLE SECRET OF SOME KIND, BUT IT IS A VERY SPECIFIC LITTLE BRIDGE. YOU KNOW EXACTLY WHERE YOU'RE GOING WHEN YOU GET ON IT. THERE'S NO GREAT DOUBT ABOUT THAT. THERE'S ANOTHER BRIDGE THAT'S CAUSING A LOT OF CONSTERNATION, THAT IS BIGGER, FINER AND MORE HANDSOME, BUT PEOPLE GET WORRIED TO DEATH ABOUT WHERE IT'S GOING TO END UP. YOU KNOW, THEY DON'T KNOW IF THEY WANT TO TAKE IT ALL THE WAY ACROSS THE WORLD AND END UP WHERE -- SOMEWHERE ON LAMAR BOULEVARD OR WHETHER THEY WANT TO REDESIGN ALL THE STREETS IN THE CITY TO ACCOMMODATE THAT ONE BRIDGE OR WHAT IS GOING ON THAT IS A SERIOUS, SERIOUS SOMETHING TO CONSIDER. BUT THIS LITTLE BRIDGE WHICH HAS BEEN TOUGH TO WEIGH DOWN THERE BY A VERY WONDERFUL CIVIL ENGINEER, WHO YOU HEARD SPEAK TO YOU, AND I'M SO PROUD OF HIM FOR HAVING HAD THE COURAGE TO TAKE HIS RESPONSIBILITY THAT SERIOUSLY WHEN HE WAS WITH THE STATE HIGHWAY DEPARTMENT AND DECIDED THAT THIS LITTLE BREJ WOULD BE A GREAT ASSET TO THE CITY AND IT'S TURNED OUT TO BE JUST EXACTLY THAT. AND PEOPLE LOVE IT AND I'M SURE THEY'LL KEEP ON LOVING IT BECAUSE IT'S JUST THERE AND I THINK THE PLANS THAT Y'ALL HAVE DEVELOPED FOR IT ARE FAR MORE BEAUTIFUL THAN I THOUGHT THEY COULD POSSIBLY BE. AND I JUST THANK EVERY ONE OF YOU SO VERY, VERY MUCH FOR YOUR CONSIDERATION AND YOUR KINDNESS TO ME. I HAVE LIVED A LONG, LONG TIME AND I'M BECOMING SOMETHING OF A NUISANCE TO A LOT OF PEOPLE. [LAUGHTER] YOU KNOW, THAT IS UNFORTUNATE BECAUSE THAT IS THE WAY IT'S GOING TO BE. THERE'S GOING TO BE MORE AND MORE OF US OLD, TIRED LADIES THAT HAVE TO HAVE A WHEELCHAIR AND HAVE TO BE HAULED HERE AND HAULED THERE AND LOOKED AFTER AND IT'S KIND OF A NUISANCE. IT'S NOT ONLY KIND OF A NUISANCE, IT'S A DOGGONE BIG NUISANCE. I WANT TO SAY VERY SERIOUSLY TO YOU THAT I'VE NEVER BEEN HONORED IN SUCH A WAY IN MY WHOLE LIFE AND I'M SO VERY, VERY GRATEFUL TO EVERY ONE OF YOU. I THANK YOU. [ APPLAUSE ]

THANK YOU, MAYOR, AND MEMBERS OF THE COUNCIL, THE CITY MANAGER, IT'S TIME FOR US TO GO TO WORK NOW. THANK YOU.

Mayor Garcia: THANK YOU, MR. OLIVAR ES. THE COUNCIL WILL TAKE A TWO MINUTE BREAK TO ALLOW US TO PREPARE FOR THE NEXT ITEM. THANK YOU, MS. CRENSHAW. THANK YOU, ALL OF YOU.

Mayor Garcia: THERE BEING A QUORUM OF THE COUNCIL IN THE CHAMBERS I'M GOING TO CALL THE MEETING BACK TO ORDER AND ALSO RECESS IT AT THE SAME TIME SO THAT WE CAN GO INTO THE TIME CERTAIN ITEM FOR 2:10. WORRY ABOUT 50 MINUTES BEHIND SCHEDULE, BUT WE TOOK CARE OF THE 2:30 ONE SO WE'RE OKAY. ITEM, THE 2:10 IS CALL TO ORDER THE MEETING OF THE BOARD OF DIRECTORS OF THE AUSTIN HOUSING FINANCE CORPORATION AND WE HAVE TWO ITEMS. THE FIRST ONE [INAUDIBLE] OF JULY 11, 2002, AND APPROVE. HOUSE SECOND THAT. DISCUSSION? ANY CORRECTIONS OR ADDITIONS? IF NOT, ALL THOSE IN FAVOR SIGNIFYING BY SAYING AYE. OPPOSED NO. THE MOTION CARRIES ON A VOTE OF 4-3 0-3. WE'LL GO TO AHFC TWO. TO CONDUCT A PUBLIC HEARING OB ON JULY -- TODAY FOR THE PURPOSE OF RECEIVING PUBLIC INPUT ON THE ISSUANCE OF UP TO $15 MILLION OF PRIVATE ACTIVITY MULTIFAMILY NONRESOURCE BONDS AND ONE AND A HALF MILLION OF TAXABLE BONDS TO FINANCE THE CONSTRUCTION OF THE PLEASANT VALLEY VILLAS LOCATED ON THE SOUTHSIDE OF OLTORF STREET AND PLEASANT VALLEY ROAD, AUSTIN, TEXAS, TO BE OWNED BY PLEASANT VALLEY VILLAS HOUSING LTD, A NEWLY FORMED TEXAS LIMITED PARTNERSHIP AFFILIATED WITH SOUTHWEST HOUSING DEVELOPMENT.

I'M THE COMMUNITY DEVELOPMENT OFFICER FOR THE CITY OF AUSTIN, AND I'M HERE TODAY ON BEHALF OF THE AUSTIN FINANCE CORPORATION. FIRST I WOULD LIKE TO -- BEFORE I WOULD ASK THE APPLICANT TO COME TO GIVE A BRIEF OVERVIEW OF THIS PROJECT, I WOULD LIKE TO JUST FOR THE RECORD GO OVER THE SPECIFICS OF HOW THE BOND ISSUES WORK. BOND TRANSACTIONS OCCUR IN THREE STAGES, THE FIRST STAGE IS THE INDUCEMENT RESOLUTION WHICH IS THE CITY'S AGREEMENT TO ACT AS THE CONDUIT OF THE BOND WHICH IS THE FINANCE CORPORATION AGREEMENT TO ACT AS THE CONDUIT OF THE BOND SHOULD THE PROJECT BE SUCCESSFUL IN THE BOND LOTTERY. THIS BOARD APPROVED THE PLEASANT VALLEY VILLAS INDUCEMENT RESOLUTION ON OCTOBER 4th, 2001 IN THE HOPES THAT IT IT WOULD ULTIMATELY RECEIVE THE BONDS. THE SECOND STAGE IS THE PUBLIC HEARING WHERE WE RECEIVE PUBLIC INPUT ON THE PROPOSED PROJECT. THIS IS CALLED A HEARING --

Mayor Garcia: HOLD ON A SECOND. THERE'S IS LIGHT ON THE OTHER SIDE OF THAT DOOR THAT IS SHINING ON THE COUNCIL. COULD WE HAVE SOMEBODY TURN THAT ONE OFF? THANK YOU. [INAUDIBLE] THANK YOU.

OKAY. ARE YOU READY, SIR? THE SECOND STAGE IS THE PUBLIC HEARING WHICH IS REQUIRED AS PART OF THE TAX EQUITY REFORM ACT, THE TEFRA HEARING WHICH IS THE PUBLIC HEARING WE'RE ABOUT TO EGAUGE IN. AFTER TODAY'S HEARING, WE WILL THEN COME BACK TO YOU, WE'RE PROPOSED TO COME BACK TO YOU ON AUGUST THE FIRST T, TO APPROVE THE THIRST STAGE OF THE BOND TRANSACTION WHICH IS THE ACTUAL APPROVAL OF THE BOND ISSUANCE BY THE AGENCY BOARD. TODAY WE WILL HEAR PUBLIC COMMENT ON THE AGENCY'S PLANS TO ISSUE $15 MILLION IN PRIVATE ACTIVITY BONDS. WHAT I WOULD LIKE TO DO AT THIS POINT IS TO REQUEST THAT CRAIG ALTER COME UP. HE'S WITH SOUTHWEST HOUSING. HE WILL GIVE A BRIEF OVERVIEW OF THE PROJECT THAT WILL BE BEFORE YOU.

GOOD AFTERNOON. MR. PRESIDENT AND DIRECTORS OF THE AUSTIN HOUSING FINANCE CORPORATION. I'M CRAIG ALTER, VICE-PRESIDENT OF DEVELOPMENT WITH SOUTHWEST HOUSING. WE'RE REQUESTING YOUR APPROVAL AND THE ISSUANCE OF THE BONDS TO CONSTRUCT THE PLEASANT VALLEY VILLAS. THE RESOURCES TO DEVELOP AFFORDABLE HOUSING COMMUNITIES FALL FAR SHORT OF THE DOCUMENTED NEED FOR SUCH HOUSING IN AUSTIN. IF NOT FOR THE FUNDING PROGRAMS ADMINISTERED BY THE TEXAS DEPARTMENT OF HOUSING, VERY FEW RENTAL RESIDENCES WOULD ACTUALLY BE PRODUCED ANNUALLY. THE TDHDA PROGRAMS OFFER THE CITY OF AUSTIN THE LIMITED OPPORTUNITY TO CREATE ROUGHLY 400 TO 500 UNITS OF AFFORDABLE HOUSING EACH YEAR. I WANT TO THANK THE CITY STAFF, PARTICULARLY PAUL HILGER'S OFFICE AND THAT OF THE CITY MANAGER FOR EMBRACING THIS OPPORTUNITY TO PRODUCED A ADDITIONAL REASONABLY PRICED HOUSING AND FOR PARTICIPATING IN THE PROCESS OF PLANNED DEVELOPMENT AND COMMUNITY OUTREACH. WE GREATLY APPRECIATE THEIR EFFORT TO DISSEMINATE THE INFORMATION AMONG THE COUNCILMEMBERS, THE STAFF AND THE AREA PROPERTY OWNERS. BEFORE YOU IS THE PROPOSAL TO CONSTRUCT 120 UNITS OF APARTMENT UNITS OF APARTMENT HOUSING AND 160 UNITS OF DUPLEX LIVING. ALL OF THE RESIDENTS WILL BE AVAILABLE TO PERSONS EARNING NO MORE THAN 60% OF THE AREA MEDIAN INCOME AND WHAT THAT TRANSLATES INTO IS FOR A SINGLE PERSON HOUSEHOLD IT'S ROUGHLY $30,000 A YEAR. FOR A SIX PERSON HOUSEHOLD THAT WOULD BE ABOUT $50,000 A YEAR. WHO ARE THESE INDIVIDUALS FALLING WITHIN THIS INCOME RANGE? PERSONS WE ENCOUNTER AND DEPEND ON EVERY DAY. SUCH AS PUBLIC SERVICE POSITIONS. ENTRY LEVEL PROFESSIONALS, OUR MILITARY PERSONNEL, TEACHERS, HEALTH CARE WORKER, RETAIL MANAGERS, POLICE AND FIRE OFFICERS AND HIGH TECH ASSEMBLY WORKERS, JUST TO MENTION A FEW. IN ADDITION TO THE OPEN SPACE THAT WE'RE PROPOSING, THE BUSINESS AND LEASING CENTER, THE PLAY ESCAPE, THE POOL WILL ALSO BE AN IMPORTANT AMENITY TO THE COMMUNITY AND THAT IS A LEARNING CENTER WHERE IN AFTER SCHOOL PROGRAMS WILL BE PROVIDED AND WE WILL START THE FIRST OF ITS KIND FOR THIS COMPANY OF AN INDIVIDUAL DEVELOPMENT ACCOUNT. THE SITE WAS SPECIFICALLY SELECTED BY SOUTHWEST HOUSING BECAUSE IT HAS THE ZONING IN PLACE TO ALLOW THE PROPOSED DEVELOPMENT AND APARTMENT DEVELOPMENT -- THE PROPOSED APARTMENT AND DUPLEX DEVELOPMENT RECOGNIZING THAT ONLY THE SUBDIVISION AND SITE PLAN PROCESSES REMAIN. THE SUBJECTIVE LAND USE DECISION TO PERMIT THESE LAND USES OCCURRED IN 1977 OVER 25 YEARS AGO. ALTHOUGH THE SUBDIVISION AND SITE PLAN APPROVAL PROCESS REQUIRES RIGOROUS PLAN, PREPARATION, REVIEW, THEY ALSO CONTAIN THE REQUIREMENT OF CITY APPROVAL UPON COMPLIANCE WITH THE CITY CODE. WITH THESE ENTITLEMENTS AND LOCATION WITHIN THE URBAN CORE, DEVELOPMENT OF THIS PROPERTY IS EMINENT EITHER BY SOUTHWEST HOUSING OR ANOTHER DEVELOPMENT ENTITY. THE SUBDIVISION HAS BEEN SUBMITTED FOR FINAL PLAT APPROVAL AND THE SITE PLAN WILL BE SUBMITTED TO THE CITY OF AUSTIN NEXT WEEK. IN MARCH OF 2002, WITHIN A MONTH OF BEGINNING OUR ENGINEERING ANALYSIS, WE BEGAN CONTACTING THE BURLSON HEIGHTS NEIGHBORHOOD ASSOCIATION AND HELD A MEETING. RESPONDING TO THE ASSOCIATION'S REQUEST NOT TO EXTEND BINGEMAN DRIVE INTO OUR PROPERTY WE REQUESTED A VEARPS WITH THE PLANNING AND ZONING COMMISSION. RESPONDING TO THE COUNCILMEMBERS RECEIVED REGARDING THE NUMBER OF RESIDENTS PROPOSED, WE OFFERED TO REDUCE THE NUMBER OF UNITS TO 280. THIS IS A 50% REDUCTION ON THE PROPERTY OF WHAT WOULD ORDINARILY BE PERMITTED YIELDING AN OVERALL DENSITY OF 6.8 UNITS PER ACRE. THIS IS COMPARABLE TO DEVELOPMENT UNDER THE S.O.S. RULES. SUBSEQUENT TO THE INITIAL MEETING INFORMATION HAS BEEN EXCHANGED NUMEROUS TIMES. EACH DEVELOPMENT DESIGN RELATED ISSUE PRESENTED BY THE AREA RESIDENTS HAS BEEN ADDRESSED. BRIEFLY THEY ARE, AGAIN THE CLOSURE OF BENJAMIN RAN, ASH SHIEWRG PRIVACY ALONG THE WESTERN PROPERTY LEAN BY AGREEING TO ERECT A PRIVACY FENCE, BY DELETING ALLEY, BY MOVING THE REMAINING ALLEY AND MOVING AS FAR FROM THE PROPERTY LINES AS POSSIBLE. AND ALSO TREE PRESERVATION WAS AN ISSUE. WE INITIALLY WENT TO THE BOARD OF JUDGMENT HOPING TO GET A VARIANCE TO ALLOW THE COUPLING OF THE DUPLEX UNITS, THE DUPLEX BUILDINGS, SO THAT WE COULD PRESERVE LARGER AREAS OF TREE COVER. THAT VARIANCE WAS DENIED, SO THEREFORE WE'RE RELYING ON THE LOW DENSITY OF THE DEVELOPMENT AS WELL AS THE BUILDING LOCATIONS TO PRESERVE AS MANY TREES AS POSSIBLE. SCHOOLS WERE RAISED AS A POTENTIAL ISSUE AND WE'VE TALKED WITH THE AUSTIN INDEPENDENT SCHOOL DISTRICT, WHICH RECOGNIZES THE NEED TO CREATED A ADDITIONAL CAPACITY IN LINDER ELEMENTARY. WE DID CONDUCT A TRAFFIC IMPACT STUDY WHICH ANALYZED THE INTERSECTION. IT WAS FOUND THAT THE LEVEL OF SERVICE PROVIDED BEFORE THE DEVELOPMENT AND AFTER THE DEVELOPMENT IS NO DIFFERENT. IN THE MORN YOU'VE GOT A LEVEL OF SERVICE B AND IN THE AFTERNOON YOU'VE GOT A LEVEL OF SERVICE D WHICH MEANS NO ONE WILL HAVE A WAIT LONGER THAN 35 SECONDS AT THAT INTERSECTION. THE LONG-TERM COMMUNITY IMPACT OF THIS DEVELOPMENT IS GOVERNED BY THE FACT THAT SOUTHWEST DEVELOPMENTS THAT DEVELOPED OVER 5,000 UNITS IN THE STATE OF TEXAS. THEY MANAGE THEM ALL AS WELL. THE KEY DIFFERENCE BETWEEN WHAT PEOPLE PERCEIVE AS A RUN DOWN PROPERTY IS THE QUALITY OF CONSTRUCTION AND THE LEVEL OF MANAGEMENT. IN ADDITION TO OVERSIGHT PROVIDED BY THE STATE OF TEXAS, THE CITY OF AUSTIN, AND THE BOND AND TAX CREDIT PURCHASERS, SOUTHWEST MANAGEMENT WILL FOLLOW ITS OWN RIGOROUS GUIDELINES REGARDING RESIDENT QUALIFICATIONS, AS CAN BE SEEN BY ANYONE WHO HAS VISITED A SOUTHWEST HOUSING DEVELOPMENT, THEY LOOK LIKE CLASS A PROPERTIES AND EM EPICABBLY MAINTAINED. A SENIORED PROJECT... THE COMPANY'S PROVEN PERFORMANCE IS CLEARLY INDICATIVE OF A COOPERATIVE COMMUNITY WORKING RELATIONSHIP. IN ADDITION TO THE LETTER OF SUPPORT FROM THE AUSTIN AREA MINISTRIES AND OTHERS THAT HAVE BEEN SENT TO YOU, I HAVE ADDITIONAL ONES THAT I WOULD LIKE TO OFFER, MAYOR, FROM THE AUSTIN, TRAVIS COUNTY MHMR, AND SANDY DOCHEN. NOT ONLY WILL THE PLEASANT VALLEY VILLAS PROVIDE ECONOMIC BENEFIT TO THE EMPLOYEES IN THE ECONOMIC INDUSTRY WHICH IS AILING CURRENTLY, IT PROCEED PROVIDES 280 MORE AFFORDABLE RESIDENCES FOR AT LEAST THE NEXT FIFTEEN YEARS AND ADDS A $29 MILLION ASSET TO THE COMMUNITY. I I THANK YOU FOR YOUR CONSIDERATION AND AM AVAILABLE FOR ANY QUESTIONS.

Mayor Garcia: THANK YOU VERY MUCH., SIR. WHAT WE'LL DO IS FOLLOW THE PROCESS, THE NORMAL PROCESS THAT WE DO ON PUBLIC HEARINGS, WE WILL CALL FIRST THE PEOPLE THAT ARE IN FAVOR OF THIS PROPOSAL, THEN WE WILL CALL ON THE PEOPLE THAT ARE OPPOSED TO IT. AND THEN WE WILL GIVE YOU THREE MINUTES FOR REBUTTAL. AFTER WE CLOSE THE PUBLIC HEARING, THEN THE COUNCIL MAY ASK YOU SOME QUESTIONS. THIS ITEM IS NOT FOR ACTION TODAY. SO WE'RE JUST CONDUCTING THE PUBLIC HEARING TODAY. SO THE PEOPLE THAT I'M GOING TO BE CALLING ARE THE ONES THAT ARE REGISTERED IN FAVOR OF. KRISTINE STEPHEN SON? FOLLOWING HER IS MR. GLEN LEWIS. WELCOME.

THANK YOU, MAYOR GARCIA AND COUNCILMEMBERS, I'VE OWNED A HOUSE IN BURLESO HEIGHTS FOR SIX YEAR AND I'M HERE TO SPEAK IN SUPPORT OF PLEASANT VALLEY VILLAS. IN THE PAST THREE DECADES ZONING CHANGES HAVE ALLOWED OUR AREA TO BE SURROUNDED BY DEVELOPMENTS. WE WOULD HAVE PREFERRED SINGLE FAMILY OWNER OCCUPIED HOMES LEAK OUR OWN IF DEVELOPMENT WERE UNAVOIDABLE, WE'VE WORRIED THAT IT ESSENTIAL SF 3 DESIGNATION WILL ALLOW IT TO BE BUILT WITH MORE RENTAL PROPERTY BE SOLD TO INDIVIDUAL INVESTORS AND ALLOW TO DECLINE AS OTHERS HAVE. THIS DEVELOPMENT WAS FIRST DESCRIBED TO ME IN MARCH AS LOW INCOME HOUSING. IN TRUTH MOST OF US PAY LESS FOR OUR MORTGAGES THAN TENANTS WILL PAY FOR RENTS IN THE PLEASANT VALLEY VILLAS. WHAT I HAVE LEARNED HAS PERSUADED ME IS THAT DEVELOPMENT CAN BE COMPATIBLE WITH OUR NEIGHBORHOOD. THE OWNER MET WITH A REPRESENTATIVE IN MARCH AND MET TWICE MORE WITH INTERESTED NEIGHBORS. HE'S OFFERED REPEATEDLY TO COME TO AUSTIN FOR NEIGHBORHOOD MEETINGS AND MADE HIMSELF AND STAFF AVAILABLE BY PHONE AND E-MAIL TO ANSWER OUR QUESTIONS. SOUTHWEST HOUSING HAS OFTEN SOLICITED OUR INPUT AND BASED ON NEIGHBORHOOD RESPONSE HAS OM MONG OTHER THINGS REQUESTED AND RECEIVED A VARIANCE NOT TO BUILD A ROAD THAT WOULD HAVE BROUGHT MORE TRAFFIC THROUGH OUR STREETS. SOUTHWEST HOUSING HAS SHOWN A COMMITMENT TO PRESERVING GREEN SPACE AND HAS DONE A COMPLETE TREE SURVEY OF THE SF 3 PORTION OF THIS PROPERTY WHICH I BELIEVE IS NOT REQUIRED BUT MOST IMPORTANTLY THE DEVELOPER IS VOLUNTARILY REDUCED THE DENSITY OF THE DEVELOPMENT TO 80 DUPLEXES WHICH WILL BE CITED ON GENEROUS 75 BY 150-FOOT LOT, THE SAME SIZE AS OUR OWN LOTS IN OUR AREA. THE DEVELOPMENT WILL BE A QUAMENT CLASS A CONSTRUCTION PROJECT AND BUILT FOLLOWING A TND OR TRADITIONAL NEIGHBORHOOD DESIGN CONCEPT BOTH OF WHICH ARE AFFORDABLE FOR A RESIDENTIAL COMMUNITY. I ALSO FIND THE RENTAL POLICIES, THE PRESENCE OF ON SITE MANAGEMENT AND 24 HOUR MAINTENANCE REASSURING SINCE I BELIEVE THAT IT WILL PREVENT THE NOISE, CRIME, JUNKED CARDS WEEDY LOTS AND TRASH FILLED STREETS ASSOCIATED WITH OTHER DUPLEXES AROUND OUR NEIGHBORHOOD. IN CONCLUSION WHILE I WILL VERY SORRY TO SEE THIS BEAUTIFUL LAND GIVEN OVER TO DEVELOPMENT I BELIEVE IT WOULD BE A MISTAKE FOR OUR NEIGHBORHOOD TO MAKE THIS DEVELOPER GO AWAY. I'M NOT A GUAM BLER GAMBLER. AN ATTRACTIVE SAFE AND LOW DENSITY NEIGHBORHOOD FOR WORKING PEOPLE NOT SO DIFFERENT FROM US. THANK YOU.

Mayor Garcia: THANK YOU VERY MUCH. MR. GLEN LEWIS? AND FOLLOWING MR. LEWIS IS LYNETTE LEWIS. MR. LEWIS, WELCOME, SIR.

THIS IS A GREAT PLACE TO LIVE. THAT WAS TRULY AN EXTRAORDINARY CEREMONY WHILE AGO. PRESIDENT AND MEMBERS OF THE BOARD, MY NAME IS GLEN LEWIS, I'VE NEVER BEEN ACCUSED OF BEING BRIEF BUT I'M REALLY GOING TO TRY. MY WIFE AND I HAVE LIVED IN OUR HOME IN 2502 WEAR ROAD FOR 31 YEARS, AS OF THIS MONTH. WE'VE RAISED THREE CHILDREN IN THIS ERELATIVELY QUIET FORESTED LITTLE KNOCK NOOK IN AUSTIN'S ATMOSPHERE. I WOULD PREFER NO DEVELOPMENT OVER THERE WHERE THE DEER AND THE TURKEY AND THE RACOONS LIVE TO OUR EAST, I KNOW THAT IS NOT VERY PRACTICAL, SO I'M HERE TO INDICATE MY SUPPORT FOR THE PLEASANT VALLEY VILLAS PROJECT. THE PROJECT IS RIGHT. ITS TIMING IS RIGHT AND I BELIEVE IT WILL BE GOOD. NOT ONLY FOR OUR NEIGHBORHOOD BUT FOR ALL OF SOUTH EAST AUSTIN. IF SOUTHWEST HOUSING DOES WHAT IT SAYS IT WILL DO, AND SO FAR IT HAS, I FEEL THIS PROJECT CAN SPOT LIGHT AUSTIN FOR ITS POSITIVE OUTLOOK IN AFFORDABLE HOUSING. SOUTHWEST HOWDZING THOUSANDING THROUGH ITS PERSONNEL HAS GONE FROM BEING ACCESSIBLE TO OUR NEIGHBORS IN THE ASSOCIATION TO BEING ALMOST INSISTER TEN THAT WE COME TO THEM WITH OUR QUESTIONS AND CONCERNS, AND THEY'VE ANSWERED THEM OR FOUND ANSWERS FOR US. THAT WAS OFTEN SOMEONE WITH THE CITY WHO WOULD CALL AND TAKE CARE OF OUR CONCERNS. TAKING THEIR TIME TO PROVIDE THIS INFORMATION, WHETHER WE WERE FOR THE PROJECT OR NOT. SOME OF OUR NEIGHBORS WOULD LEAD YOU TO BELIEVE THE DEVELOPER AND THE CITY STAFF HAVE NOT BEEN -- HAVE BEEN ALOOF AND UNCOMMUNE MMUNICATIVE. THAT IS NOT THE TRUTH. I COMMEND THEM FOR MAINTAINING CALM WHEN BEDLAM OFTEN RAIPED THROUGHOUT. I SUPPORT THIS PROJECT AND REQUEST THAT YOU DO THE SAME. THANK YOU VERY MUCH.

Mayor Garcia: THANK YOU, MR. LEWIS. LYNETTE LEWIS? AND FOLLOWING MS. LEWIS IS MR. MONTEY GOLF.

I'M NERVOUS. MAYOR AND COUNCILMEMBERS, MY NAME IS LYNETTE LEWIS, AND AS MY HUSBAND JUST SAID, AS A MATTER OF FACT YESTERDAY WAS OUR 31ST WEDDING ANNIVERSARY AND WE'VE LIVED IN OUR HOME AT 2502 WEAR THAT ENTIRE TIME. I'M A FORMER PRESIDENT OF OUR NEIGHBORHOOD ASSOCIATION AND I'VE SEEN MANY DIFFERENT PLANS FOR DEVELOPMENT FOR THIS PARTICULAR AREA COME DOWN THE PIKE OVER THE 31 YEARS. THE PLAN THAT WE'VE SEEN FOR PLEASANT VALLEY IS THE FIRST THAT I'VE EVER SEEN THAT NOT ONLY DO I NOT OPPOSE, I ACTUALLY SUPPORT AND HERE ARE SOME OF MY REASONS. THE OWNER HAS BEEN AVAILABLE AT EVERY TURN TO ANSWER ANY AND ALL OF OUR QUESTIONS. PLEASANT VALLEY VILLAS WILL LEAVE THE SMALLEST FOOTPRINT. AND THE PLANS FOR PLEASANT VALLEY VILLAS ARE THE MOST COMPATIBLE WITH OUR NEIGHBORHOOD. THIS PLAN HAS A POTENTIAL TO BE A SHINING EXAMPLE OF WHAT AFFORDABLE HOUSING CAN BE, A PLACE WHERE PEOPLE WITH INCOMES SUCH AS A TEACHER, LIKE ONE OF MY SONS, POLICEMAN, FIRE MEN, AND SOCIAL WORKERS CAN GET A START. I URGE YOU TO APPROVE THESE BOND. THANK YOU FOR YOUR TIME.

Mayor Garcia: THANK YOU VERY MUCH., MS. LEWIS. MR. MONTEY GOLF AND FOLLOWING MR. GOLF. MR. LEWIS HAS REGISTERED NOT WISHING TO SPEAK BUT IN FAVOR OF. SO SPEAKING AFTER MR. GOLF IS GOING TO BE JIM WEATHERS. WELCOME, SIR. GOOD TO SEE YOU, MIKE.

THANK YOU VERY MUCH. GOOD AFTERNOON, MR. PRESIDENT AND DIRECTORS. KIND OF FEELS GOOD TO BE BACK HERE. MY NAME IS MONTEY GOLF, MY WIFE AND I HAVE 25 YEARS RESIDENTS OF THE BUVMENT BURLESON HEIGHTS NEIGHBORHOOD. WE FIRMLY BELIEVE THE NEIGHBORHOOD AND WE ARE BEST SERVED BY HAVING PLEASANT VALLEY VILLAS AS OUR NEIGHBOR AND THAT ITS OWNER AND DEVELOPER BE ASSOCIATED WITH THAT PROJECT. HE HAS COMMITTED TO BUILD AT DENSITIES 50% BELOW THE CURRENT ZONING PERMITS. IN THE EVENT THIS PROJECT GOES AWAY, WE DON'T HAVE GUARANTIES THAT THAT WILL BE THE CASE NEXT TIME. HE'S APPLIED FOR, SUPPORTED AND HELPED OBTAIN THE VARIANCE TO CLOSE THE RIGHT-OF-WAY ON WENG NJAMIN, THAT MAY NOT BE HERE IF HE GOES AWAY. THE PROJECT AMENITIES WILL ENHANCE OUR PROPERTY VALUES. THOSE AMENITIES -- EXCUSE ME -- INCLUDE SUCH THINGS AS ON SITE MANAGEMENT, GROUNDS MAINTENANCE, CAREFUL TENANT APPLICATION AND SCREENING, PERIMETER FENCING, DRAINAGE FACILITIES THAT CAPTURE THE RUNOFF ON THEIR PROPERTY BUT ALSO PART OF THE RUNOFF ON OUR OWN NEIGHBORHOOD THAT IS CURRENTLY A PROBLEM FOR RESIDENTS ON WEAR ROAD. THE NEIGHBORHOOD HAS AFFORDED ADDITIONAL LONG-TERM PROTECTIONS BY HAVE IVIRTUE OF THE SMART HOUSING PROGRAM. IT'S THROUGH THE BOND COVENANTS, THE TAX CREDIT AND THE ENFORCEMENTS THAT GO WITH THOSE PARTICULAR PACKAGES THAT WE'RE GUARANTEED LONG-TERM PROTECTIONS WITH RESPECT TO HIS PARTICIPATION AND OVERSIGHT OF THIS PROJECT. THE DEVELOPER, CITY STAFF ATTENDED EVERY MEETING THEY WERE REQUESTED TO ATTEND, AND IN OUR OPINION WERE VERY RESPONSIVE AND FORTH COMING IN PROVIDING INFORMATION AND MAINTAINING AN OPEN LINE OF COMMUNICATION. THE DEVELOPER COMMITTED TO WORK RESOURCEFULLY FOR LONG-TERM VIABILITY OF OUR NEIGHBORHOOD. WE HAVE PROBLEMS THAT WE WOULD LIKE TO ADDRESS AND HE'S PLEDGED TO WORK ON THOSE. IN CONCLUSION, HE'S PURSUING THE DEVELOPMENT OF THIS TRACT OF LAND THROUGH THE UNIQUE COMBINATION OF THE SMART HOUSING PROGRAM, TEXAS CREDITS AND TAX EXEMPT BONDS. HE'S REDUCING THE PROJECT'S DENSITY WHILE MAKING IT MORE PLEASING AND COMPATIBLE WITH OUR NEIGHBORHOOD. BASED ON OUR EXPERIENCE DEALING WITH THIS PARTICULAR DEVELOPER AND THE CITY, WE ALSO BELIEVE THE CITY HAS AN EXCELLENT OPPORTUNITY THAT SPELL THE POLICE CHIEF THAT AFFORDABLE HOUSING CANNOT BE DONE IN A MANNER CONSISTENT WITH EXISTING NEIGHBORHOODS. THERE ARE NO SURE BETS IN LIFE. WE'VE RECEIVED A GOOD BIT OF INFORMATION AND WE'VE HAD A LOT OF INTERACTION AND I FOR ONE AND OUR FAMILY BELIEVE THAT WE OUGHT TO PUT OUR SUPPORT BEHIND THIS PROJECT. THANK YOU, WE ASK FOR YOUR SUPPORT AS WELL.

Mayor Garcia: THANK YOU, MR. GOLF. MR. JIM WEATHERS FOLLOWED BY MR. JERRY WEATHERS. MR. WEATHERS, THANK YOU, SIR.

APPRECIATE THE OPPORTUNITY TO BE IN FRONT OF YOU TODAY. I AM ONE OF THE OWNERS, JIM WEATHERS, I'M A RESIDENT OF AUSTIN. MY FAMILY HAS OWNED THIS PROPERTY FOR OVER 20 YEARS. IT WAS PURCHASED AS AN INVESTMENT PROPERTY AND WE'VE HELD ON TO IT FOR THAT PURPOSE. WE'VE HAD SEVERAL DEVELOPERS APPROACH US OVER THE YEARS BUT THEIR PROJECTS WERE NOT VIABLE FOR THE LOCATION. WE'VE TRIED TO BE PATIENT AND KIND OF WAIT IT OUT AND WE FEEL LIKE MAYBE THE TIME HAS COME. I FEEL THAT THE PROJECT THAT PLEASANT VALLEY VILLAS IS PROPOSING IS A VIABLE PROJECT. IT MEETS THE ZONING REQUIREMENTS AND IS LESS DENSE A THAN IS ACTUALLY ALLOWED. I UNDERSTAND THAT OUR PROPERTY IS IN THE SMART GROWTH CORRIDOR AND WILL SERVE A USEFUL PURPOSE TO OUR COMMUNITY. MY FAMILY HAS BEEN IN AUSTIN SINCE 1948. WE ALL WENT TO THE PUBLIC SCHOOLS HERE IN AUSTIN. WE'VE OWNED A BUSINESS HERE. WE'VE EMPLOYED MANY AUSTIN RESIDENTS OVER THE LAST 54 YEARS. WE WOULD ONLY SUPPORT PROJECTS WHICH WE FEEL ARE BENEFICIAL TO OUR CITY. WE ASK FOR YOUR SUPPORT ON THIS PROJECT. THANK YOU.

Mayor Garcia: THANK YOU, MR. WEATHERS. JERRY WEATHERS?

GOOD AFTERNOON, MR. PRESIDENT AND BOARD MEMBERS. MY NAME IS JERRY WEATHERS. I'M A LIFE LONG RESIDENT OF AUSTIN AND I AM HERE TO SPEAK IN FAVOR OF YOUR APPROVING THE BOND ISSUE TO THE APPLICANT. AS MY BROTHER SAID, OUR FAMILY CURRENTLY OWNS AND HAS A CONTRACT TO SELL 41-ACRES TO THE APPLICANT FOR THEIR USE IN BUILDING THE SUBJECT PROJECT. WE'VE OWNED THIS PROPERTY FOR 20 YEARS AND WE'VE PAID THE TAXES ON THIS PROPERTY FOR 20 YEARS. WE'RE EXCITED TO NOW HAVE A SERIOUS BUYER AND A COMPANY THAT WE FEEL HAS TAKEN A VERY RESPECTABLE APPROACH TO THE USE OF THE PROPERTY. UNTIL LAST WEEK I HAD NEVER MET WITH ANYONE FROM THE APPLICANT'S ORGANIZATION. OUR ENTIRE DEALINGS UP TO THAT POINT HAD BEEN WITH THE REAL ESTATE BROKER. BUT LAST WEEK WE DID MEET TO DISCUSS THE STATUS OF OUR SALE AND THE FURTHER PROCESS THAT WOULD BE REQUIRED TO LEAD OUR SALE TO A CLOSE. DURING THAT MEETING I LEARNED QUITE A BIT ABOUT THE PROPOSED PROJECT AND THE PROCESS THAT THEY HAD BEEN THROUGH TO SEEK THE NECESSARY APPROVALS. I WAS IMPRESSED APPROXIMATE BY THEIR DESCRIPTION OF EVENTS AND THEIR EFFORTS TO DO THE RIGHT THING FOR ALL INTERESTED PARTIES. YESTERDAY I WENT DOWN TO THE CITY CLERK'S OFFICE AND REVIEWED THE BACKUP MATERIALS FOR THIS MEETING. AGAIN I WAS IMPRESSED WITH THE DOCUMENTATION OF THEIR EFFORTS TO RESPECT THE PROCESS AND DO THE RIGHT THINGS. I WAS ALSO IMPRESSED WITH THE NUMBER OF SIMILAR AND SUCCESSFUL PROJECTS THAT THEY HAVE DONE IN THE DALLAS AREA AND THE LETTERS OF COMMENDATION THAT THEY HAVE RECEIVE FROM VARIOUS PUBLIC OFFICIALS WITH REGARD TO THEIR SUCCESSFUL PROJECTS IN DALLAS. THEN TODAY I SPOKE THIS MORNING WITH A MEMBER OF THE AHFC STAFF AND WAS TOLD THAT THE APPLICANT'S CURRENT PROJECT IN NORTH AUSTIN HAD GONE VERY WELL. THE APPLICANT HAS OBVIOUSLY TAKEN A HIGH ROAD APPROACH TO THEIR PROJECTS AND HAS BUILT AN EXCELLENT REP TAKE FOR THIS TYPE OF PROJECT. THE APPLICANT HAS BEEN THROUGH A VERY SIGNIFICANT PROCESS OF PLANNING AND MODIFYING THEIR PROPOSED PROJECT TO SATISFY THE REQUIREMENTS OF THE CITY AND TO RESPONSIBLY ADDRESS THE CONCERNS OF THE ADJACENT NEIGHBORHOODS. THEY HAVE RESPECTED THE CURRENT ZONING AND DEVELOPMENT RULES AND HAVE WORKED WITHIN THE SYSTEM TO PRODUCE A FINAL PLAN THAT WOULD BE ACCEPTABLE TO THE INTERESTED PARTIES. THEY'VE MET REPEATEDLY WITH THE CITY STAFF AND MANY TIMES WITH THE NEIGHBORS. THEY'VE MODIFIED THEIR PROJECT IN SEVERAL WAYS TO BE RESPONSIVE TO THE ISSUES RAISED IN THOSE MEETINGS. WE ARE QUITE PLEASED WITH THE PROPOSED PROJECT AND VERY PLEASED TO KNOW THAT THE PROPERTY THAT WE'VE RESPONSIBLY OWNED AND CARED FOR FOR 20 YEARS WILL NOW BE DEVELOPED INTO A RESIDENTIAL PROPERTY THAT WILL SERVE THE NEEDS OF SO MANY DESERVING INDIVIDUALS. YOUR APPROVAL OF THESE BONDS IS EXTREMELY IMPORTANT TO THE COMPLETION OF OUR SALE OF THE PROPERTY. I BELIEVE THE APPLICANT HAS PUT TOGETHER A TOTALLY LEGITIMATE PROJECT THAT IS WORTHY OF YOUR SUPPORT. I HOPE THAT EACH OF YOU WILL CHOOSE TO VOTE IN FAVOR OF THE PROPOSAL TO ISSUE BONDS FOR THE PLEASANT VALLEY VILLAS PROJECT. THANK YOU.

Mayor Garcia: THANK YOU, MR. WEATHERS. JANUARY HAMILTON? FOLLOWING HER IS JBHAMILTON WHO IS REGISTERED NOT WISHING TO SPEAK AND IN FAVOR OF. DANA McKINNEY, REGISTERED NOT WISHING TO SPEAK AND IN FAVOR OF. THE SAME THING WITH MS. BREWER, MR. CRAIG ALTER ALREADY SPOKE AND WILL BE SPEAKING DURING THE REBUTTAL TIME. AND THE NEXT SPEAKER IS MR. MIKE KILABRUW. MS. HAMILTON, WELCOME.

MY NAME IS JANUARY HAMILTON. SENSE I'VE LIVED IN AUSTIN FOR OVER 50 YEARS I FEEL THAT I HAVE A VESTED INTEREST IN OUR COMMUNITY. BECAUSE THE DEVELOPER HAS TRIED TO BE SENSITIVE TO THE NEIGHBOR, THIS DEVELOPMENT IS NOT ONLY WITHIN THE RULES AND REGULATIONS SET OUT BY THE CITY YEARS AGO FOR THIS PROPERTY, BUT ALSO LESS DENSITY THAN IS ALLOWED BY THOSE RULES. I THINK THAT THE PLAN WILL NOT ONLY ENHANCE THE NEIGHBORHOOD WHERE I'VE OWNED PROPERTY FOR OVER 20 YEARS WITH MY FAMILY, BUT ALSO BE OF BENEFIT TO THE PEOPLE OF AUSTIN IN NEED OF AFFORDABLE HOUSING, SOME OF WHICH ARE MY CHILDREN AND MY GRANDCHILDREN. THEREFORE, I RESPECTFULLY REQUEST THAT THESE BONDS BE ISSUED TO FINANCE THE CONSTRUCTION OF THE PLEASANT VALLEY VILLAS. THANK YOU.

Mayor Garcia: THANK YOU VERY MUCH. MR. MIKE KILABREW. FOLLOWING MR. KILABREW. MR. MANLEY REGISTERED NOT WISHING TO SPEAK AND IN FAVOR OF. MIGUEL GUERRERO. NOT WISHING TO SPEAK, IN FAVOR OF. JIM FLUGE. NOT WISHING TO SPEAK, IN FAVOR OF. KEVIN SMITH, NOT WISHING TO SPEAK, IN FAVOR OF. CARL MAY FIELD, NOT WISHING TO SPEAK AND IN FAVOR OF. ANDREW BREWER, NOT WISHING TO SPEAK AND IN FAVOR OF. RAY RAMIREZ, NOT WISHING TO SPEAK AND IN FAVOR OF. CHARLES FORESTER, NOT WISHING TO SPEAK. I'M GOING TO PULL MR. FORESTER OUT -- IS HE HERE? HE DOESN'T INDICATE WHETHER HE'S FOR OR AGAINST. MARK BUNKER NOT WISHING TO SPEAK AND IN FAVOR OF. DAVID BECKHAM, NOT WISHING TO SPEAK AND IN FAVOR OF. AND THEN MR. GUS PENA. MR. PENA WILL BE NEXT UP TO THE PODIUM. MR. KILABREW. WELCOME, SIR.

THANK YOU. I THINK IT SHOULD BE RECOGNIZED THAT THE STARTING SALARY FOR THE AUSTIN FIRE DEPARTMENT IS 2500 A MONTH. STARTING SALARY FOR THE POLICE DEPARTMENT IS 32,000 A YEAR. TEACHERS IN AISD START OFF AT 29,750. NOW ANY ONE OF THESE, MARRIED COUPLE, ONE WORKING POSSIBLY WITH A CHILD WOULD VERY EASILY QUALIFY. THIS IS NOT WHAT HAS BEEN TRADITIONALLY KNOWN AS AFFORDABLE HOUSING. THIS IS WORKFORCE HOUSING. THIS IS HOUSING FOR THE MEMBERS OF OUR COMMUNITY THAT WE NEED TO SUPPORT THE MOST. THERE'S NO WARRANTY THAT WE'RE GOING TO HAVE POLICEMEN, FIRE MEN AND TEACHERS FLOCKING TO THIS PROJECT, BUT WITH A VERY LOW DENSITY THAT WE HAVE, WHICH IS ALMOST THE EQUIVALENT OF A SF 2 HOUSING DENSITY WHICH IS A 5,750, YOU CAN SEE ABOUT SIX OF THOSE OP ONE ACRE, THIS DENSITY OF 6.3, 6.4 UNITS PER ACRE IS EQUIVALENT TO SINGLE FAMILY HOUSING DENSITY, SO SOUTHWEST HOUSING IS PROVIDING VERY LOW COST HOUSING FOR THE WORKING MEMBERS OF OUR COMMUNITY WHO ARE IN ENTRY LEVEL INCOME AREA. IT'S -- IT'S MEETING A NEED THAT HAS BEEN SPOKEN OF QUITE OFTEN LATELY AND I FEEL THAT THIS IS SOMETHING THAT NEEDS ALL OF OUR SUPPORT. THANK YOU.

Mayor Garcia: THANK YOU, MR. KILABREW. SORRY TO INTERRUPT YOU. MR. GUS PENA AND FOLLOWING MR. PENA IS CHARLES FORESTER IF HE'S HERE. IF NOT, I'M GOING TO ASSUME THAT HE'S IN FAVOR OF, UNLESS SOMEBODY ELSE TELLS ME SOMETHING TO THE CONTRARY.

THANK YOU VERY MUCH. MR. PRESIDENT AND BOARD MEMBER, AT TIMES I FORGET TO INTRODUCE MY BOY BUT I FEEL LIKE Y'ALL ALREADY KNOW HIM AND ARE FAMILY TO HIM. ANYWAY, HAVING WORKED TO ADVOCATE FOR AFFORDABLE HOUSING, TRANSITIONAL INCOME, LOW INCOME AFFORDABLE HOUSING, AND MAYOR PRO TEM GOODMAN, YOU KNOW SINCE 1994 WE'VE BEEN PUSHING IT AND EVEN EARLIER THAN THAT, THAT THERE IS A CRISIS STILL OUT THERE FOR HOUSING THAT IS AFFORDABLE IS A GIVEN. I DON'T HAVE TO REMIND Y'ALL OF THAT VERY MUCH, BUT IT JUST WILL NOT BENEFIT JUST FIREFIGHTERS, POLICE OFFICERS OR NURSES OR WHATEVER, BUT YOU HAVE SINGLE MOMS OUT THERE THAT ARE MAKING THAT TYPE OF SALARY WITH KIDS WHO NEED AFFORDABLE HOUSING. YOU HAVE SENIOR CITIZENS, GOD BLESS THEIR HEART, MAY GOD HELP THEM, WHO CAN AFFORD THIS TYPE OF HOUSING AND DO NOT HAVE IT BECAUSE THERE ISN'T AFFORDABLE HOUSING OUT THERE. WE FEEL LUCKY WITH THE HELP OF FRIENDS AND POSSIBLY THEY DON'T WANT ME TO MENTION THEM, POSSIBLY I WON'T, MAYBE AT A FURTHER STAGE I WILL, BUT IF YOU HAVEN'T KNOWN HOMELESSNESS AND YOU'RE NOT AN ALCOHOLIC OR A DRUG ADDICT OR WHATEVER, I'M NOT GOING TO LABEL ANYBODY, YOU DON'T KNOW WHAT IT IS TO KNOW AND TO FEEL THE NEED FOR AFFORDABLE HOUSING WHETHER IT BE SINGLE FAMILY OR MULTIFAMILY, YOU JUST DON'T KNOW, AND I THANK GOD THAT WE HAVE KIND PEOPLE IN THE CITY OF AUSTIN, YES, IN WEST AUSTIN, EVERYWHERE THAT HELPS OUT PEOPLE IN NEED. I LOOKED AT THE PLEASANT VALLEY VILLAS BACKGROUND AND I LOOKED AT THE BACKUP ALSO. I FEEL COMFORTABLE WITH SUPPORTING THIS AS PRESIDENT OF EAST AUSTIN CONCERNED HISPANICS. I CANNOT LEND OUR SUPPORT FROM THE RAINBOW COALITION BECAUSE THAT IS A [INAUDIBLE] COMMITTEE, BUT WE NEED THIS HOUSING FOR EVERYBODY. WE NEED THIS HOWDZING THAT HAS BEEN NEEDED FOR MANY, MANY YEARS. I CAN TELL YOU WITH WORKING WITH THE AUSTIN POLICE DEPARTMENT THAT WE TRAVELED THROUGHOUT THAT AREA. I HAVE 15 ORGANIZATIONAL MEMBERS THAT LIVE IN THAT AREA, IN THAT NEIGHBORHOOD, I WILL NOT MENTION THEIR NAMES BECAUSE THERE'S BEEN SOMEBODY GOING OUT THERE AND SPREADING FALSE GOSSIP AND RESUMERUMORS ABOUT THIS PROJECT. THIS IS A GOOD PROJECT. IT WILL BENEFIT A LOT OF KIND, DECENT PEOPLE THAT NEED HOUSING THAT IS AFFORDABLE. AND I URGE YOU, MR. PRESIDENT, AND BOARD MEMBERS, TO VOTE IN FAVOR OF THIS HOUSING INITIATIVE IN AND FOR THE BEST INTEREST OF THE PEOPLE AND AS ONE KIND BEAUTIFUL LADY SAID, FOR HER CHILDREN, HER CHILDREN'S CHILDREN, MAYBE HER BROTHER AND SISTER, WHOMEVER NEEDS HOUSING, BUT LOOK AT MY HOUSING HE MAY NEED HOUSING DOWN THE LINE. TEEN-AGERS, THEY GRADUATE FROM HIGH SCHOOL, THEY WILL NEED THIS TYPE OF HOUSING. WE NEED THIS HOUSING INITIATIVE. WE RESPECTFULLY REQUEST THAT YOU VOTE FAVORABLY IN SUPPORT OF THIS HOUSING. THANK YOU VERY MUCH. 3:34. (ONE MOMENT, PLEASE, FOR CHANGE IN CAPTIONERS...)

... IS INTENDED TO BE DONE ALL AS DO LEKS RENTAL PROPERTY. NO OWNER -- DUPLEX RENTAL PROPERTY. NO OWNER-OCCUPIED HOUSING IS AVAILABLE. AND OUR MEMBERSHIP FEELS STRONGLY ABOUT THAT. WE WOULD LIKE TO SEE OUR NEIGHBORS AS LONG-TERM RESIDENTS TO OUR AREA. AND OWNING THE PROPERTY WHICH THEY HAVE. WE'RE ALSO SUPPORTED IN THIS BY THE SUN RIDGE NEIGHBORHOOD ASSOCIATION, RIVERSIDE FASHION AND CROSSING GARDENS. AND WE WOULD ALSO REQUEST THAT YOU ALL, IF POSSIBLE, DELAY YOUR DECISION ON THIS PERHAPS FOR A COUPLE OF WEEKS TO WHERE MORE INFORMATION MIGHT BE ABLE TO BE MADE AVAILABLE TO YOU. THANK YOU VERY MUCH.

Mayor Garcia: THANK YOU, MR. BROWN. SHELLY LEMKOWICZ AND FOLLOWING HER IS MR. PAUL ROBROBBINS.

GOOD AFTERNOON, MAYOR, COUNCILMEMBERS, MY NAME IS SHELLY LEMKOWICZ AND I LIVE AT 2802 WARE. I'M IN OPPOSITION TO THE PLEASANT VALLEY VILLAS DEVELOPMENT. THERE ARE MANY REASONS -- EXCUSE ME, THAT I OPPOSE THIS DEVELOPMENT. UNFORTUNATELY, I DON'T THINK THAT I COULD THOROUGHLY EXPLAIN THEM ALL IN DETAIL IN THREE MINUTES. LAST WOOK I SENT WEEK I SENT E-MAILS TO EACH OF YOU EXPLAINING MY CONCERNS. I HOPE YOU ARE FAMILIAR WITH MY CONCERNS. TODAY I WOULD LIKE TO LIMIT MY COMMENTS TO A COUPLE AREAS. THE BURLESON HEIGHTS NEIGHBORHOOD DOES NOT OPPOSE AFFORDABLE HOUSE; HOWEVER, WE WOULD DESIRE A NEIGHBORHOOD COMMUNITY THAT IS COMPATIBLE WITH OUR OWN. OUR NEIGHBORHOOD CONSISTS PRIMARILY OF ONE-STORY, OWN-OCCUPIED HOMES T PROPOSED DEVELOPMENT CONSISTS OF TWO-STORY DUPLEXES, WHICH WILL BE AVAILABLE FOR RENT. I WANT TO SUBMIT TO YOU INDIVIDUAL LETTERS THAT WOULD SUPPORT A DEVELOPMENT OF SINGLE-FAMILY, OWNER-OCCUPIED AFFORDABLE HOUSING. A NUMBER OF SIGNATURES ON THESE LETTERS REPRESENTS APPROXIMATELY 65% OF THE TOTAL BURLESON HEIGHTS NEIGHBORHOOD. 56 CITIZENS ARE ACTUAL RESIDENTS THAT LIVE WITHIN OUR NEIGHBORHOOD, AND MANY ARE SENIORS THAT ARE THE HOME-BOUND AND CANNOT MAKE IT TO THIS MEETING TODAY. I'M SURE THAT ALL OF YOU ARE AWARE THAT THIS DEVELOPMENT IS PARTICIPATING IN THE STATE LOW-INCOME TAX CREDIT PROGRAM. I'M ALSO SURE THAT YOU ARE AWARE THAT DUPLEXES ARE NORMALLY CONSIDERED INELIGIBLE BUILDING TYPES FOR PARTICIPATION IN THE TAX CREDIT PROGRAM. STATE REGULATIONS INDICATE THAT DUPLEXES CAN BE ELIGIBLE FOR THE PROGRAM IF THE LOCAL GOVERNING ENTITY CONTRIBUTES AN AMOUNT EQUAL OR GREATER TO 7% OF THE ENTIRE DEVELOPMENT'S CONSTRUCTION HARD COSTS. SINCE DUPLEXES ARE PLANNED FOR MORE THAN HALF OF THE PLEASANT VALLEY VEIL LAST N YOU PROVIDE ME A DOLLAR AMOUNT THE CITY OF AUSTIN WILL BE CONTRIBUTE TO GO THIS PROJECT AND WILL ACHIEVE THAT 7% ADDITIONALLY? SINCE THE CITY BUDGET THIS YEAR IN THEIR SITUATION IS IN A BLEAK YEAR, I'M ALSO CURIOUS ABOUT WHERE THE MONEY WILL BE DRAWN FROM. WILL OTHER PROGRAMS HAVE TO BE COMPROMISED FOR THIS CONTRIBUTION? I ALSO WANT YOU TO KNOW THAT THE DEVELOPER HAS HAD TWO FORMAL MEETINGS WITH THE NEIGHBORHOOD, ONE NEAR THE NEIGHBORHOOD IN A LOCAL CHURCH, AND THE OTHER ONE COMPLETELY OUT OF OUR NEIGHBORHOOD, WHICH MANY OF OUR ELDERLY COMMUNITY COULD NOT ATTEND. WE UNDERSTAND THAT THE LAND CAN BE DEVELOPED AT A HIGHER DENSITY AND SOUTHWEST HOUSE DIAGNOSE PROMOTE DRAWING FOR NEWS THE VERY BEGINNING THAT THERE WOULD BE 114 DUPLEX UNITS. BUT KEEP IN MIND THAT THE TDHCA WILL ONLY ALLOW FOR A MAXIMUM OF 280 UNITS TO BE BUILT IN THEIR LOAN CRITERIA. [BUZZER SOUNDING] I ALSO WANT TO SUBMIT QUESTIONS TO YOU THAT I CANNOT COVER IN MY THREE MINUTES. THANK YOU FOR THIS OPPORTUNITY TO SPEAK THIS AFTERNOON, AND I HOPE THAT YOU WILL SERIOUSLY CONSIDER OUR COMMENTS. PLEASE KEEP IN MIND YOUR DECISIONS WILL AFFECT OUR QUALITY OF LIFE. THANK YOU.

Mayor Garcia: THANK YOU, MS. LEMKOWICZ.

CAN I SUBMIT THIS TO YOU.

Mayor Garcia: GIVE THEM TO COUNCILMEMBER THOMAS. HE WILL PASS THEM DOWN. MR. ROBBINS, YOU HAVE SIX MINUTES. FOLLOWING MR. ROB ROBBINS IS SAM ELLISON. MR. ROBBINS, WELCOME, SIR.

IT'S HARD FOR ME NOT TO CALL YOU COUNCIL. I'LL JUST KEEP WITH MY OLD WAYS AND SAY CITY COUNCIL, I'M GOING TO BE MOVING INTO A HOUSE THAT BORDERS THIS PROPERTY IN OCTOBER. I KNEW WHEN I DECIDE TO DO VE HERE THAT IT WOULD BE DEVELOPED SOONER OR LATER. AND I'M NOT OPPOSED TO BUILDING, PER SE, I'M NOT OPPOSED TO AFFORDABLE HOUSING, PER SE. I HAVE CONCERNS ABOUT HOW THIS IS CURRENTLY PROPOSED, PARTICULARLY AS IT WOULD AFFECT THE ECONOMY, THAT IS, THE MONEY THAT THE CITY WILL CONTRIBUTE. FIRST, I THINK THE NEIGHBORHOOD WOULD BE BEST SERVED BY OWNER-OCCUPIED HOUSING. IT HAS A GREATER LIKELIHOOD OF BEING MAINTAINED, AND IT WOULD GIVE OCCUPANTS SOME REALIZED WEALTH RATHER THAN JUST PAYING RENT. I BELIEVE THE TERM HERE IS EMPOWERMENT. SECOND, REGARDING THE COST, I'M WORRIED ABOUT DRAINAGE AND I'M WORRIED ABOUT INFRASTRUCTURE. I DON'T KNOW HOW MANY OF YOU KNOW THIS AREA, BUT WARE ROAD IS ONE LONG SLOPE THAT GOES DOWN TO THE FLOOD PLAIN OF COUNTRY CLUB CREEK. THE LAST BLOCK OF WARE IS RELATIVELY FLAT. ONE OF THE EDGE HOUSES HAS PART OF ITS LOT IN THE FLOOD PLAIN. ACCORDING TO THE NEIGHBOR OF A HOUSE THAT I WILL BE IN, THERE WILL BE A HUGE -- THERE WAS A HUGE RAIN LAST NOVEMBER WHICH FLOODED THE STREET ON THIS BLOCK AND MADE IT INACCESSIBLE TO CARS. NOW, FLOOD PLAINS CHANGE. THEY CHANGE WITH GEOLOGY. I MEAN, LOOK AT GALVESTON ISLAND OVER THE LAST 5,000 YEARS. BUT THEN THEY ALSO CHANGE BECAUSE PEOPLE PUT IMPERVIOUS COVER IN PLACES. MY HOUSE IS GOING TO BE FINE, AND IT'S GOING TO SURVIVE THE IMPERVIOUS COVER THAT IS PUT ON THIS DEVELOPMENT. BUT THE HOUSES ON THE DOWN SLOPE OR SHOULD I SAY DOWNSTREAM FROM ME MAY BE IN DANGER OF FLOOD IF THE FLOOD PLAIN CHANGES. IT IS ALREADY SHOWN A THREAT TO DO SO. AND THE CITY NEEDS TO RIGOROUSLY SCRUTINIZE THIS BEFORE THE DEVELOPMENT IS FUNDED AND PLATTED. I'M ALSO CONCERNED WHY THIS PROBLEM ISN'T BEING ADDRESSED WITH OTHER FLOOD MITIGATION REQUIREMENTS SUCH AS REQUIRING PERVIOUS CONCRETE. BECAUSE IF THERE IS A PROBLEM, CITY COUNCIL, SOMEONE'S LAWYER IS PROBABLY GOING TO BE HERE WHERE I AM STANDING NOW SAYING, "I TOLD YOU SO." ANOTHER PROBLEM WHICH HAS KEPT THIS LAND FROM BEING DEVELOPED HISTORICALLY IN THE PAST IS POWER LINES. I'M JUST CURIOUS AS A COUNCILMEMBER HERE, HOW MANY OF YOU KNOW THAT THERE ARE POWER LINES ON THIS PROPERTY? THE MAYOR KNOWS. THE OTHER SIX MEMBERS ON THE DAIS DO NOT -- FIVE. SO THERE'S TWO OUT OF SIX THAT KNOW. THIS IS NOT JUST ANY POWER LINE, THIS IS THE 69 KV LOOP. THIS IS THE -- THE LOOP THAT PROVIDES FOR THE CENTRAL CITY. SOMEWHAT CALL IT FAMOUS. OTHERS WOULD CALL IT INFAMOUS. NO ONE PARTICULARLY WANTS TO LIVE UNDER THEM. I DON'T. I REALIZE THAT THE SCIENCE IS OUT ON ELECTROMAGNETIC FIELDS. BUT LET'S SAY TEN YEARS FROM NOW OR FIVE YEARS FROM NOW SOMEONE COMES WITH CONCLUSIVE PROOF THAT, YES, HIGH-VOLTAGE POWER LINES ARE A PROBLEM. THEN THE CITY ELECTRIC DEPARTMENT IS CAUGHT WITH MITIGATION. THE MOST OBVIOUS MITIGATION WOULD BE BURYING THESE. AND AS ALL OF YOU KNOW, THAT'S AN EXPENSIVE PROPOSITION. IT COULD BE IN THE MILLIONS OF DOLLARS JUST FOR THIS ONE DEVELOPMENT. FINALLY, THE DEVELOPER HAS GUARANTEED THAT HE WILL KEEP THIS DEVELOPMENT TO THE HIGH STANDARDS WHILE IT IS OWNED BY HIM. I'VE MET THE DEVELOPER, AND I THINK HE'S A NICE MAN. I DON'T THINK HE'S IMMORTAL. IF HE SELLS THIS DEVELOPMENT, IF HE -- I'M NOT WISHING THIS ON HIM, IF HE PASSES AWAY OR FOR SOME OTHER REASON FAILS TO LIVE UP TO THE STANDARDS, WILL THE CITY ENFORCE THEM? THE CITY HAS A CHECKERED HISTORY IN THIS REGARD, AS THE RECENT AUDIT OF SMART HOUSING HAS SHOWN. I BELIEVE THAT -- AND I DON'T WANT TO PUT WORDS IN ANYONE'S MOUTH, I HAVE BEEN TOLD THAT THE PROSPECT OF AFFORDABLE HOUSING, AFFORDABLE OWNER-OCCUPIED HOUSING, HAS BEEN RUN BY MR. PATASHNAK, AND HE HAS SAID THIS ISN'T THE KIND OF THING I DO. I THINK HE'S A BRIGHT MAN. I THINK HE COULD LEARN.

Mayor Garcia: THANK YOU, MR. ROBBINS. SAM ELLISON. FOLLOWING MR. ELLISON IS MALCOLM YATES. MR. ELLISON, WELCOME, SIR.

THANK YOU VERY MUCH. MAYOR AND COUNCILMEMBERS, MY NAME IS SAM ELLISON. I LIVE AT 2605 WARE ROAD. ON OCTOBER 4, 2001, AHFC APPROVED THE INDUCEMENT RESOLUTION FOR THE PLEASANT VALLEY VILLAS. OUR NEIGHBORHOOD DID NOT FIND OUT ABOUT THIS OR WAS NOT INFORMED UNTIL APRIL 23 April 23rd, 2002. IN THIS SHORT PERIOD OF TIME, NEIGHBORHOOD RESIDENTS WERE TOLD BY NHCD THIS PROJECT HAD ALL OF ITS DEDUCTIONDUCKSIN A ROW, ALL PLANS APPROVED AND CODES MET. NHD'S POSITION HAS BEEN OUR ONLY OPTION IS TO COOPERATE WITH THIS -- WITH THESE EXCEPTIONS TO THIS PROJECT OR ELSE IT WILL BE MUCH WORSE FOR US. THROUGHOUT THIS PROCESS, MANY NEIGHBORS AND MYSELF HAVE DISCOVERED THAT THERE IS NOT A WELL-PREPARED PLAN IN PLACE. THERE ARE TOO MANY EXCEPTIONS THAT WILL HAVE TO BE MADE, AND OUR CONCERNS HAVE NOT BEEN ANSWERED. COULD THIS PLAN BE CONSIDERED SAFE, ACCESSIBLE AND TRANSPORTATION ORIENTED WHEN THE ONLY SPRANS AND EXIT WILL BE SITUATED IN THE 100-YEAR FLOOD PLAIN. THERE ARE EMERGENCY ACCESS CONCERNS FOR THAT SUBDIVISION. EXCEEDING K COVER LIMITATIONS IN A WATERSHED THAT DRAINS INTO A 100-YEAR FLOOD PLAIN AND NATURAL GAS PIPELINES ADJACENT TO THE PRO PROPERTY, RESIDENTIAL STRUCTURES NEAR HIGH-VOLTAGE POWER LINES, SAFE AND REASONABLE ACCESS FOR SCHOOL CHILDREN TO COMMUTE, PUBLIC TRANSPORTATION ACCESSIBILITY IS VERY LIMITED, AND PROBLEMS WITH CONNECTING WITH THE CRONT WATER PRESSUREURRENT WATER PRESSURE SYSTEMS. TRAFFIC IN THE AREA, ESPECIALLY IN THE FALL AND SPRING SEMESTERS WHEN U.T. STUDENTS ARE IN ABUNDANCE. COMPATIBLE WITH OUR 50-PLUS-YEAR-OLD NEIGHBORHOOD. ENVIRONMENTAL CONCERNS, UTILITY CONCERNS THAT MAY AFFECT OUR NEIGHBORHOOD. CONFLICTING INFORMATION IN THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS APPLICATION CONCERNING THE ZONING OF THIS PROPERTY, TYPE OF STRUCTURES AND THE CURRENT ZONING STALL US. THE TEXAS ADMINISTRATIVE CODE DOES REQUIRE THE PROPOSED HOUSING DEVELOPMENT IS TO BE WELL PLANNED AND WELL DESIGNED. EVIDENCE OF THE APPROPRIATE ZONING NEEDS TO BE IN PLACE. UNACCEPTABLE SITES WOULD INCLUDE NON-NAVIGABLE ENVIRONMENTAL FACTORS THAT WOULD IMPACT THE HEALTH AND SAFETY OF THE RESIDENTS. SOME QUESTIONS AND CONCERN TO ADDITIONAL COST FOR THE CITY AND TAXPAYERS. WHAT IS THE AMOUNT OF THE CITY'S CONTRIBUTION TOWARDS THE CONSTRUCTION HARD COSTS OF THIS PROJECT DO TO INELIGIBLE BUILDING TYPES FOR IF MULTI-FAMILY HOUSING PROGRAM? AND WHY SHOULD THE CITY MAKE THIS CONTRIBUTION TO A FOR-PROFIT PROJECT THAT WAS NOT WELL PLANNED FOR? WHAT WILL BE THE COST TO THE CITY TO UPGRADE THE CULVERT CROSSING THAT THE DEVELOPER REFERS TO THE CITY IS GROSSLY UNDER SIZED AND WILL NOT CONVEY THE FIVE-YEAR FLOW WITHOUT OVERTOPPING THE ROADWAY? [BUZZER SOUNDING] WHAT COSTS WILL THE CITY INCUR FOR UPGRADING DRAINAGE CAPABILITIES DOWNSTREAM OF THE DEVELOPMENT? WHAT IS AND WHO WILL BE RESPONSIBLE FOR THE SPECIAL CONNECTIONS TO THE WATER PRESSURE SYSTEM? AND WHAT OTHER HIDDEN COSTS TO THE CITY MAY OCCUR? THERE HAS BEEN SOME WONDERFUL TESTIMONY BY A MINORITY OF RESIDENTS AND SPEAKERS WITH FINANCIAL INTEREST AT STAKE. I APPRECIATE YOUR ATTENTION AND HOPE THAT YOU WILL STREAS THESE CONCERNS AND MAKE SURE THAT THIS IS TRULY A SMART PROJECT. THANK YOU.

Mayor Garcia: THANK YOU, MR. ELLISON. MALCOLM YATES. AND FOLLOWING MR. YATES IS MARGARET GARCIA. MR. YATES, WELCOME, SIR.

MY NAME IS MALCOLM YATES. I REPRESENT THE SUN RIDGE NEIGHBORHOOD ASSOCIATION AND ITS BORDERS, THE EASTERN SIDE OF THIS PROJECT. I WOULD LIKE TO SAY THAT ALL OF OUR NEIGHBORHOODS ARE IN FAVOR OF AFFORDABLE HOUSES. WE ALL LIVE IN AFFORDABLE HOUSES. AND WE WANT TO SEE MORE OF THIS TYPE OF HOUSING IN OUR AREA. IN THE PAST TWO YEARS, MY NEIGHBORHOOD, SUN RIDGE, HAS SEEN A BOOM THAT HAS BUILT ON EVERY AVAILABLE BUILDING LOT. THIS INDICATES A GREAT DEMAND FOR AFFORDABLE HOUSES. IN CONTRAST, MANY OF THE APARTMENT COMPLEXES IN THE SOUTHEAST AREA ARE NOW DISPLAYING SIGNS OFFERING DISCOUNTS AND INCENTIVES. THIS WOULD INDICATE THAT THE RENTAL UNITS ARE IN OVERSUPPLY. IN OTHER WORDS, YOU WOULD BE SUBSIDIZING RENTAL UNITS THAT WOULD BUILD MORE APARTMENT COMPLEXES IN A SATURATED MARKET WHILE TAKING LAND THAT IS DESPERATELY NEEDED FOR AFFORDABLE SINGLE-FAMILY HOMES. ALSO, I KNOW MY NEIGHBORS. I KNOW THAT A LARGE SEGMENT OF OUR NEIGHBORHOOD WORKS IN THE PUBLIC SECTOR. THEY ARE TEACHERS, FIRE, E.M.S., CITY, COUNTY AND STATE EMPLOYEES. THESE ARE THE PEOPLE, THIS KIND OF BOND ISSUE IS SUPPOSED TO HELP. PEOPLE WITH GOOD, STEADY JOBS, HOWEVER, DO NOT WANT TO PAY RENT. THEY WANT TO OWN HOUSES. IN OTHER WORDS, SUBSIDIZING RENTAL UNITS WILL FORCE THESE KIND OF WORKERS WHO LOOK FOR AFFORDABLE HOUSES IN BUDA, ROUND ROCK AND OTHER SURROUNDING COMMUNITIES. WE URGE CITY COUNCIL AND THE AUSTIN HOUSING FINANCE CORPORATION TO CONSIDER USING THESE BONDS TO SUPPORT AFFORDABLE SINGLE-FAMILY HOUSES IN THE CENTRAL AUSTIN AREA RATHER THAN MORE APARTMENT UNITS. THANK YOU.

Mayor Garcia: THANK YOU, MR. YATES. MARGARET GARCIA. AND FOLLOWING MS. GARCIA IS MR. TOM PATES. MS. GARCIA, WELCOME.

THANK YOU VERY MUCH. MY NAME IS MARGARET GARCIA. FOR 29 YEARS MY HUSBAND JOE AND I HAVE LIVED AT 2401 WARE ROAD. OUR HOUSE SITS AT THE VERY BOTTOM OF THE HILL THAT MR. ROBIN SON DISCUSSED EARLIER, AND YES, WE ARE IN VERY, VERY BAD FLOOD PLAIN AND IT'S TERRIBLE WHEN IT RAINS VERY HARD. I AM HERE TO ASK YOU NOT TO APPROVE THE FUNDS FOR THE PLEASANT VALLEY VILLAS. IN GENERAL, OUR AREA IS -- HAS AN ABUNDANCE OF APARTMENTS ALL AROUND US. APARTMENTS ARE SOMETHING WE DO NOT NEED. MANY THINGS TELL US THIS IS NOT THE WAY TO GO. LINDER ELEMENTARY SCHOOL IS WAY OVER ITS LIMITS OF STUDENTS. TWO YEARS AGO IT WAS EXPANDED FOR MORE STUDENTS, AND AGAIN IT'S OVER IT'S LIMIT. OLTORF STREET AND BURLESON ROAD ARE SO OVERRUN WITH TRAFFIC. PEOPLE STAND IN THE MIDDLE OF THE STREET TO CROSS. OLTORF AND BURTON DRIVE IS THE AREA ONE LINDER STUDENT WAS KILLED. OUR NEIGHBORHOOD CONSISTS OF THREE NARROW STREETS. CARS DETOUR INTO OUR STREETS THINKING THEY CAN TAKE A SHORTCUT AND SUDDENLY THEY COME TO DEAD END. ON BURLESON ROAD JUST BEFORE YOU GET TO OLTORF, THERE IS A LARGE CLUSTER OF DUPLEXES, AND THEN IN MISSION HILLS THERE IS A VERY LARGE AREA OF DUPLEXES. ALL OF THIS HAVE BEEN VERY NEGLECTED. THE AREA THAT PLEASANT VALLEY VILLAS WILL BE BUILT ON ARE HEAVILY WOODED AND WITH THE RECENT RASH OF APARTMENT FIRES IN SOUTHEAST AUSTIN, THE DANGER IS VERY REAL. I KNOW MORE HOMES ARE NEEDED, AND SINCE THE AUSTIN CITY COUNCIL IS WILLING TO LAND $15 MILLION -- LEND $15 MILLION FOR AFFORDABLE HOUSE BEING, WHY NOT BUILD AFFORDABLE HOMES? THERE IS AN AREA ON EAST SIDE OF AUSTIN, EAST SECOND AND TILLRY, THAT HAS AFFORDABLE HOUSES. ONE LOOK INTO THE NEIGHBORHOOD TELLS US THE OWNERS ARE VERY, VERY PROUD OF THEIR PROJECT. IF HOMES WERE BUILT INSTEAD OF DUPLEXES, THE CITY OF AUSTIN COULD HELP MANY ACHIEVE THIS PRIDE AND CONFIDENCE FOR FAMILIES THAT WANT TO OWN HOMES. HOUSES IN OUR AREA WOULD BE A WELCOME SIGN AND GIVE US GOOD FAITH FROM OUR MAYOR AND CITY COUNCIL. THANK YOU VERY MUCH.

Mayor Garcia: THANK YOU, MS. GARCIA. MR. TOM PATE. AND FOLLOWING MR. PATE IS MRS. ALICIA BARRY HINSON OS.

GOOD AFTERNOON. I'M TOM PATE. I LIVE AT 2504 PRINCETON DRIVE. BEEN THERE FOR 20 YEARS. I'VE BEEN ASKED TO READ A LETTER INTO THE RECORD FROM DAVID BOYD, PRESIDENT OF THE HULEN BEND HOMEOWNERS ASSOCIATION IN FORT WORTH, TARRANT COUNTY. DEAR MAYOR GARCIA AND THE AUSTIN CITY COUNCIL. I'M DAVID BOYD, PRESIDENT OF THE HULEN BEND STEATSZ HOMEOWNERS ASSOCIATION, INCORPORATED, IN FORT WORTH, TARRANT COUNTY, TEXAS. THIS LETTER IS SUBMITTED AS A RESULT OF A REQUEST BY THE CITIZENS OF BURLESON HEIGHTS NEIGHBORHOOD ASSOCIATION. WE WERE SOLICITED TO TELL OF OUR RECENT EXPERIENCE AND STOPPING OF CONSTRUCTION OF AN APARTMENT COMPLEX IN FORT WORTH. SINCE I OR OUR ASSOCIATION HAVE ABSOLUTELY NOTHING TO GAIN FROM SUBMITTING THIS LETTER, IT'S GIVE NEN A COOPERATIVE SPIRIT. IN LATE APRIL AND EARLY MAY 2002, THE FOUR HOMEOWNER ASSOCIATIONS LOCATED IN SOUTHWEST FORT WORTH WERE INFORMED ABOUT THE ARBOR BEND VILLAS TO BE BUILT BY SOUTHWEST HOUSING CORPORATION. AS A SIGN THEY CLAIM TO HAVE PURCHASED A PIECE OF PROPERTY AT THE ABOVE ADDRESS. THEY PERHAPS INTEND TO DO BUILD WITHOUT ANY PRIOR NOTICE TO US OR SERIOUS EFFORT TO COMMUNICATE WITH OUR COMMUNITY LEADERS ONLY AFTER PUBLIC OUT EYE DID SOUTHWEST PUBLIC HOUSING CORPORATION MACK ANY EFFORT TO ADDRESS OUR COMMUNITY SERNS. THEY TOLD US THAT WE REALLY COULDN'T DO ANYTHING ABOUT THE PROJECT BECAUSE IT WAS TOO LATE. ONCE IT BECAME APPARENT THIS REAL ESTATE TRANSACTION WAS IN JEOPARDY THEY RESORTED TO PAYOFF TO THE HOMEOWNERS ASSOCIATION AND OFFERED $10,000 PER YEAR IF WE STOOD DOWN OUR -- EVEN OFFERED TO BUILD A COMPUTER LAB. ON MAY 6, 2002, THE TAIRNTD COUNTY FINANCE HOUSING CORPORATION HELD A PUBLIC HEARING ON THIS ISSUE. THE PRESIDING COMMITTEE TAIBD THE DECISION INDEFINITELY PRIMARILY DUE TO PUBLIC OUTCRY OF OUR NEIGHBORHOOD. SOUTHWEST HOUSING DEVELOPMENT CORPORATION WAS INSTRUCTED TO SUBMIT THIRD PARTY STUDIES ANALYZING THE IMPACT THEIR APARTMENTS WOULD HAVE TO LOCAL SCHOOLS AND EXISTING TRAFFIC PATTERNS. ON MAY 28, 2002, A FINAL PUBLIC HEARING REVEALED THE FINDINGS OF THE SURVEYS. AS A RESULT OF TELLING TESTIMONY, PARTICULARLY FROM CROWELLY ISD SUPERINTENDENT SIDNEY POINTER, THE PRESIDING COMMITTEE OF THE HOUSING FINANCE CORPSE ALLOWED THEIR APPLICATION TO EXPIRE WITHOUT COMMENT. SOUTHWEST HOUSING DEVELOPMENT IMMEDIATELY TOOK THE HOUSING FINANCE CORPORATION TO FEDERAL COURT. THEY IN TURN FILED A LAWSUIT AND THE FEDERAL JUDGE THREW OUT THE CASE AGAINST THE HOUSING FINANCE CORPORATION. WE RESPECTFULLY REQUEST THE CITY OF AUSTIN REVIEW EACH DOCUMENTED SUBMITTED BY SOUTHWEST HOUSING DEVELOPMENT. CONTACT FORT WORTH CITY COUNCIL MAN CHUCK SILL COX OR TARRANT COUNTY COMMISSIONER DEI DON'T KNOW BASHBY. FORT WORTH AND SURROUNDED TAIRNTD COUNTYNG -- [BUZZER SOUNDING] -- THE COMMUNITY FEELS ITS WON THIS BATTLE, BUT ONE NEVER KNOWS FOR SURE. THANK YOU FOR MAKING THIS LETTER A PART OF THE RECORD. SIGNED DAVID BOYD, AND OAKMONT HOMEOWNERS, ET AL. THANK YOU.

Mayor Garcia: THANK YOU, MR. PRESIDENT ATE. ALEE IS A BARRIENTOS. FOLLOWING HER IS LILLIAN HARRINGTON. WELCOME. HAVEN'T SEEN KNEW A WHILE.

YES, GOOD AFTERNOON MAYOR AND CITY COUNCIL. MY NAME IS ALICIA BARRY HINSON TOES. I LIVE AT 2809 WARE ROAD FOR 26 YEARS. MY PROPERTY ADJOINS THIS DEVELOPMENT. THERE ARE AT LEAST 12 AFFORDABLE HOUSING PROJECTS WITHIN ON TWO-MILE RADIUS OF OUR 50-MILE IN THE CITY. THERE IS ANOTHER PROJECT SLATED TO OPEN UP SEPTEMBER OF 2002, THE RIVERSIDE MEADOWS, WHICH HAS 240 UNITS. AND THEY ARE ON THE CORNER OF RIVERSIDE AND MONTOPOLIS. I WOULD RATHER SEE SINGLE-FAMILY, OWNER-OCCUPIED RESIDENCES ON THIS PROPERTY THAT WOULD BE MORE COMPATIBLE WITH OUR NEIGHBORHOOD. THEREFORE I OPPOSE THE DEVELOPMENT OF PLEASANT VALLEY VILLAS AS PROPOSED. THANK YOU.

Mayor Garcia: THANK YOU, MS. BARRIENTOS. MISS LILLIAN HARRINGTON.

MR. MAYOR AND COUNCILMEMBERS, MY NAME IS LILLIAN HARRINGTON. I HAVE LIVED AT 2602 WARE ROAD FOR 42 YEARS. AND I AGREE WITH THE AFOREMENTIONED CONCERNS OF VARIOUS PEOPLE AND DO NOT CHOOSE TO REITERATE THOSE. I DO SUPPORT AFFORDABLE HOUSING, SINGLE-FAMILY, OWNER-OCCUPIED RESIDENCES. THAT WOULD BE VERY ACCEPTABLE AND COMPATIBLE TO OUR CURRENT NEIGHBORHOOD. WE ARE CURRENTLY FAIRLY WELL SURROUNDED WITH RENTAL PROPERTY, AND WE DO NOT NEED TO ADD MORE OF THIS TYPE PROPERTY TO OUR AREA. ANY CONSIDERATION THAT YOU COULD GIVE THESE MATTERS OF CONCERN TO OUR NEIGHBORS WOULD BE GREATLY APPRECIATED. THANK YOU.

Mayor Garcia: THANK YOU, MS. HARRINGTON. THAT'S ALL THE SPEAKERS THAT ARE REGISTERED IN OPPOSITION. THE -- MR. ALTER, I GUESS, OR SOMEBODY WILL PROVIDE THE REBUTTAL, AND I WOULD -- DURING THE REBUTTAL OR MAYBE I'LL GIVE YOU A EXTRA MINUTE TO RESPOND TO SOME OF THE ISSUES THAT WERE BROUGHT UP BY MR. PATE. WELCOME, SIR.

THANK YOU. IN ADDITION, MR. PATASNAK IS WILLING TO ANSWER QUESTIONS AS WELL. I'M PLEASED TO HEAR OUR EFFORTS HAVE BEEN RECEIVED BY A NUMBER OF THE RESIDENTS IN THE AREA. THAT THEY UNDERSTAND THAT WE HAVE DONE WHAT WE CAN DO TO MAKE THIS DEVELOPMENT AS COMPATIBLE AS POSSIBLE WITH ADJACENT NEIGHBORHOOD. WE WILL NOT STOP WORKING WITH THEM AFTER THIS HEARING. WE WILL BE GLAD TO WORK WITH THEM DURING THE REVIEW, DURING THE CONSTRUCTION, AND AFTER CONSTRUCTION OF THIS PROJECT BY BECOMING A MEMBER OF THEIR NEIGHBORHOOD ASSOCIATION AND PUSHING FOR THE ISSUES THAT ARE IMPORTANT TO THE GROUP. TO RESPOND SPECIFICALLY TO SOME OF THE ISSUES RAISED, LET ME START WITH WHAT IS THE FUNCTION OF THESE BONDS. THE TEXAS -- OR THE TEXAS BOND REVIEW BOARD GIVES THE AUSTIN HOUSING FINANCE CORPORATION THE AUTHORITY TO ISSUE BONDS FOR THE PURPOSE, IN THIS CASE OF DEVELOPING RENTAL AFFORDABLE HOUSING. THESE BONDS ARE NOT AVAILABLE FOR THE CONSTRUCTION OF SINGLE-FAMILY, FOR SALE RESIDENCES. WE ARE NOT ASKING THE CITY OF AUSTIN FOR MONEY, WE'RE ASKING THE CITY OF AUSTIN FOR THE RIGHT TO OBTAIN DEBT BY ESSENTIALLY OBTAINING A MORTGAGE FROM THE PURCHASERS OF THE BOND. SO THERE SHOULD BE NO MISPERCEPTION BY ANYONE AS TO WHAT THE USE OF THESE BONDS IS INTENDED TO BE. PROPERTY IS NOT ZONED FOR SINGLE-FAMILY, FOR SALE UNITS. THE FACT IS THAT IF THE PROPERTY WERE SUITABLE FOR SINGLE-FAMILY, FOR SALE UNITS, I THINK YOU COULD BET THAT A COMPANY LIKE BILL MILLBURN OR PERHAPS ANOTHER COMPANY WHO SPECIALIZES IN THE LOWEST PRICED POSSIBLE HOMES WOULD BE BUILDING THERE. THE PROPERTY WOULD NOT BE CONDUCIVE TO THAT DEVELOPMENT BECAUSE IT IS NOT ECONOMICALLY PRACTICAL AND IS NOT ECONOMICALLY FEASIBLE TO DO THAT. IT IS NOT ECONOMICALLY FEASIBLE TO BUILD THE PROJECT WE'RE TALKING ABOUT WITHOUT THE ASSISTANCE OF THE BOND AND TAX CREDITS FINANCING THAT IS AVAILABLE. IT IS ONLY THROUGH THAT STRUCTURE THAT THE RENTS CAN BE AS LOW AS WE ARE PROPOSING. IF YOU WILL LOOK AT THE NUMBER OF PROJECTS THAT HAVE BEEN APPROVED IN THE CITY OF AUSTIN THROUGH THE BOND REVIEW AND THE TAX CREDIT PROGRAMS, YOU WILL NOTICE THAT MAYBE ONE OR TWO ARE APPROVED PER YEAR, AND THAT'S AT THE MOST. THEN THERE ARE YEARS WHERE THERE ARE GAPS AND THERE ARE NO NEW PROJECTS BEING PERMITTED IN THE CITY OF AUSTIN. THE PROCESS FOR OBTAINING THESE FUNDS IS GETTING MORE AND MORE COMPETITIVE AND THE STATE IS DOING ITS BEST TO DISBURSE THE FUNDS THROUGHOUT THE STATE. THE OPPORTUNITY FOR AUSTIN TO RECEIVE THE FUNDS WILL DIMINISH IN THE FUTURE BASED ON THE PRESENT COURSE OF THE TEXAS DEPARTMENT OF HOUSING. THEREFORE, IT'S ESSENTIAL THAT ANY OPPORTUNITY THAT DOES COME UP IS FULLY UTILIZED. [BUZZER SOUNDING]

Mayor Garcia: THANK YOU.

OKAY. RS IF.

Mayor Garcia:r Garcia: LET ME CLOSE THE PUBLIC HEARING, THEN I'LL ASK COUNCILMEMBERS IF THEY HAVE QUESTIONS.

> Slusher: SO MOVED.

Mayor Garcia: SECONDED BY COUNCILMEMBER WYNN. ALL ALL IN FAVOR SIGNIFY BY SAYING AYE. OPPOSED, NO. PUBLIC HEARING IS CLOSED. MR. HILGERS.

I DIDN'T KNOW IF ANY OF THE BOARD MEMBERS HAD QUESTIONS. I HAVE A QUESTION ABOUT EMERGENCY ACCESS I WOULD RESPOND TO. THIS DEVELOPMENT WILL INCLUDE THE BUILDING OF PLEASANT VALLEY ROAD TO ITS ENTRANCE, SO THAT WILL PROVIDE THE MAJOR ENTRANCE TO THE PROPERTY AND THE ACCESS FOR EMERGENCY ACCESS TO THE PROPERTY. SO IF THAT --

Mayor Garcia: MY UNDERSTANDING WAS THERE WAS SUPPOSED TO BE TWO ACCESS POINTS ALONG THIS DEVELOPMENT. DOES THIS HAVE ANOTHER ACCESS POINT? I THOUGHT THE FIRE DEPARTMENT REQUIRED TWO.

I WILL CHECK INTO THAT BEFORE WE MEET AGAIN IN AUGUST. OR GET BACK TO YOU BEFORE THEN. CRAIG, DO YOU KNOW THE ANSWER TO THAT?

THE PRELIMINARY PLAN FOR THE PROJECT HAS ALREADY BEEN APPROVED AND IT HAS THE ONE ACCESS POINT OF PLEASANT VALLEY, THE INTERSECTION AT OLTORF T OTHER ACCESS ROUTE THAT WOULD HAVE BEEN --

THERE ARE TWO DRIVEWAYS ON PLEASANT VALLEY ON THIS SITE.

OKAY. ALL RIGHT.

THANK YOU, GEORGE.

SO THAT'S WHY IT GOT APPROVED, BECAUSE THERE ARE TWO ACCESS POINTS ON PLEASANT VALLEY. THERE WILL BE TWO DRIVEWAYS INTO THIS PROPERTY.

Mayor Garcia: ALL RIGHT. IS MR. -- IS THE OWNER HERE TO --

YES, HE IS.

Mayor Garcia: -- TO MR. PATE WITH REGARD TO -- YOU CAN SIT HERE IF YOU WANT TO.

OKAY.

GOOD AFTERNOON, PRESIDENT AND COUNCILMEMBERS. BRIAN PATASHNIK, SOUTHWEST HOUSING DEVELOPMENT.

Mayor Garcia: MR. PATE TALKED ABOUT A SERIES OF TRANSACTIONS OR ACTIONS OR OTHERWISE WITH TARRANT COUNTY. CAN YOU GIVE US A LITTLE MORE INFORMATION ON THAT?

SURE. THE DEVELOPMENT IN TARRANT COUNTY WAS INDUCED BY THE TARRANT COUNTY FINANCE HOUSING CORP. THE TAX CREDITS APPROVED BY THE DEPARTMENT OF HOUSE AND COMMUNITY AFFAIRS AND THERE WAS A NEIGHBORHOOD RESISTANCE THAT WAS BROUGHT UPON BY THE COUNCILMEMBER WHO WAS MENTION UNDERSTAND MR. BOYD'S LETTER, WHO ON THE PUBLIC RECORD, IN FACT, IF YOU GO TO THE HOMEOWNER WEBWEBSITE, YOU WILL SEE SOME OF HIS COMMENTS, AT CITY COUNCIL IN FORT WORTH, AND I QUOTE: THESE PEOPLE, OR THOSE PEOPLE THAT YOU PROPOSE TO HAVE LIVING HERE DO NOT BELONG HERE. THIS IS NO PLACE FOR LOW-INCOME PEOPLE. THIS IS A PROPERTY THAT HAS BEEN ZONED MULTI-FAMILY FOR 15 YEARS. OUR PROPERTY NOT ONLY MET THE ORDINANCE AND THE STANDARDS FOR THE CITY OF FORT WORTH, IT EXCEEDED THEM IN EVERY WAY. IN ADDITION TO HAVING ALL THE SFN I AGOTHE FINANCING APPROVED WE HAD A BUILDING PERMIT. THIS IS A MAN WHO WENT FURTHER AND SAID DIVERGENT INCOMES SHOULD NOT BE MIXING. THAT THIS SHOULD BE A DEVELOPMENT WE SHOULD BRING TO THE OTHER SIDE OF TOWN. AND IF I DID NOT FOLLOW HIS INSTRUCTIONS AND COMPLY, THAT HE WOULD HAVE THE ROPE, THE TAR AND THE FEATHERS FOR ME. THESE ARE COMMENTS THAT ARE NOT ONLY BIG GOTED AND DANGEROUS, BUT CERTAINLY ARE NOT INDICATIVE OF ANYTHING THAT I HAVE SEEN FROM THIS HFC, FROM THIS BOARD, AND I'M PROUD TO BE IN AUSTIN WITH PEOPLE THAT NOT ONLY SUPPORT AFFORDABLE HOUSING, BUT SUPPORT THE GOALS OF THE PEOPLE THAT WILL BE LIVING AND BE EMPOWERED IN AFFORDABLE HOUSING. HAVING SAID THAT, I DO WANT TO SAY THE AMERICAN DREAM OF HOMEOWNERSHIP BEGINS IN A QUALITY APARTMENT. THERE ARE PEOPLE THAT UTILIZE SOUTHWEST HOUSING AS A STEPPING STONE FOR HOMEOWNERSHIP, AND I'M VERY PROUD TO SAY THAT, AND WE HAVE A TRACK RECORD OF BUILDING THE TYPE OF FACILITIES WHERE PEOPLE ARE EMPOWERED AND GROW BOTH SOCIALLY AND ECONOMICALLY FOR THE BENEFIT OF HOMEOWNERSHIP. AND I'M PROUD TO SAY THAT THE HFC AND PEOPLE THAT I'M SPEAKING BEFORE TODAY HAVE THOSE SAME GOALS, AND I'M PROUD OF OUR TRACK RECORD AND WORKING VERY DILIGENTLY WITH THE NEIGHBORHOOD HAS LED TO US A VERY WELL CONCEIVED PLAN THAT I THINK WILL NOT ONLY MEET THE STANDARDS, BUT EXCEED THOSE OF SMART HOUSING AND FOR THE CITY OF AUSTIN.

Mayor Garcia: THANKS.

THIS WILL -- I WOULD BE GLAD TO ANSWER ANY OTHER QUESTIONS. THIS WILL BE BACK BEFORE THE COUNCIL -- BEFORE THE BOARD ON AUGUST 1ST. SO --

Mayor Garcia: I HAD ONE QUICK QUESTION OF MR. ROBERTSON. I SEE HIM HERE.

YES, SIR.

Mayor Garcia: AND THE ISSUE HERE IS --

ABOUT SCHOOLS, YES, SIR.

Mayor Garcia: SCHOOLS. AND THE ABILITY OF THE AUSTIN INDEPENDENT SCHOOL DISTRICT TO ATTEND TO THE NEEDS OF THE CHILDREN THAT WOULD BE LIVING IN THIS DEVELOPMENT.

MR. PRESIDENT, DID AN ANALYSIS BASED ON THE UNITS AND THEIR CHARACTER, AND I BELIEVE THIS DEVELOPMENT IS GOING TO GENERATE ABOUT 166 KIDS. THE MIDDLE SCHOOL AND HIGH SCHOOL ARE NO PROBLEM. BUT FULLMORE AND TRAFTS WOULDWOULD BE ANXIOUS TO HAVE THESE KIDS. THE 80 ADDITIONAL KIDS ASSOCIATED WITH LINDER IS A PROBLEM. LINDER IS CURRENTLY OVERCAPACITY, AND WE WILL HAVE TO DO SOME CONSIDERATION OF HOW TO ACCOMMODATE THIS DEVELOPMENT. NOW, I HAD AN OPPORTUNITY THIS YEAR TO MAKE SOME ADJUSTMENTS BETWEEN METZ AND SANCHEZ. YOU MAY RECALL THAT KIDS NORTH OF RIVERSIDE ARE ATTENDING METZ AND SANCHEZ, AND METZ AND SANCHEZ ARE GIVING OVER THEIR SIXTH GRADE, SANCHEZ THIS YEAR, AND IN ALL LIKELIHOOD METZ NEXT YEAR, TO MARTIN, WHICH IS GOING TO THREE GRADES. SO THERE IS AN OPPORTUNITY, NOT VERY BE USUAL, IN MY PERSONS, TO HAVE SOME OVERCROWDING AND NEED TO HAVE KIDS SIDE BY SIDE. SO WE WILL BE LOOKING AT HOW TO DEAL WITH THE ADDITIONAL IMPACT HERE AND WE'LL BE LOOKING AT THOSE FOUR SCHOOLS, THE ADJACENT SCHOOLS, LINDER, METZ, SANCHEZ AND RODRIGUEZ, DURING THE CURRENT SCHOOL YEAR. AND WE DELAYED THAT THIS YEAR WHEN MR. HILGERS AND MR. HIRSCH MADE ME AWARE OF THIS DEVELOPMENT AND THE IMPACT. SO ONCE AGAIN, THAT WILL BE A PUBLIC PROCESS WHERE WE'LL LOOK AT ALL KINDS OF ALTERNATIVES FOR DEALING WITH THE ADDITIONAL, BUT WE'LL BE DOING THAT AND WE SHOULD HAVE THAT CONCLUDED NEXT SPRING BEFORE THERE WOULD BE ANY IMPACT FOR THIS IF IT'S APPROVED.

Mayor Garcia: SANCHEZ WILL HAVE ADDITIONAL STUDENTS BECAUSE SIXTH GRADERS ARE MOVE TO GO -- HAVE ADDITIONAL SPACE. WHAT DOES MARTIN --

MARTIN IS GOING TO BE A NICE, ROBUST 900 OR SOMETHING LIKE THAT. NICE SIZE.

Mayor Garcia: THANK YOU VERY MUCH. MAYOR PRO TEM?

Goodman: OUT OF THE QUESTIONS THAT MS. LIND IST, I'M NOT GOING TO ASK THOSE BECAUSE THOSE DON'T COME WITH ZONING, THEY COME WITH SITE PLANS. BUT JUST FOR THEIR INFORMATION, DO YOU -- LET ME JUST READ THE THREE THAT I THINK ARE RELEVANT. WHY WASN'T THE BURLESON HEIGHTS NEIGHBORHOOD CONTACTED BY THE DEVELOPER IN OCTOBER OR NOVEMBER TO DISCUSS NEIGHBORHOOD INPUT? THEY HAVE THE IMPRESSION, IT SEEMS FROM THIS QUESTION, THAT THAT'S WHEN PEOPLE STARTED BEING CONTACTED, AND THEY WEREN'T. AND THEN AT THE OCTOBER 4th BOARD MEETING, AHFC BOARD MEETING, WHY WASN'T AN AMENDMENT TO REQUIRE PROPER ZONING TO BE IN PLACE ATTACHED TO THE INDUCEMENT TO THE PLEASANT VALLEY VILLAS. I DON'T UNDERSTAND THAT ONE. AND THE THIRD ONE --

I'M I'M SORRY. EXCUSE ME.

Goodman: THE THIRD ONE WAS ABOUT THE ADDITIONAL CONTRIBUTION OF AN AMOUNT EQUAL TO OR EXCEEDING 7% OF HARD CONSTRUCTION COSTS.

I WOULD ATTEMPT TO ANSWER THOSE QUESTIONS. SCIALESSENTIALLY, AND BRIAN, IF I LEAVE SOMETHING OUT, IF YOU WOULD GIVE ADDITIONAL INFORMATION. WHEN WE PASSED INDUCEMENT RESOLUTIONS IN OCTOBER, WILL YOU RECALL IT'S A FAIRLY BUSY DAY IN THAT WE COME UP BEFORE YOU WITH SEVERAL DIFFERENT POTENTIAL PROPOSED DEVELOPMENTS. AT THE TIME WE DO THAT, WE DON'T KNOW WHICH OF THOSE DEVELOPMENTS WILL ACTUALLY COME FORWARD AND BUBBLE UP THROUGH THE LOTTERY PROCESS. THROUGH THE BOND PROCESS, EXCUSE ME. TO BE ELIGIBLE TO BE CONSIDERED FOR BONDS. ONCE THIS BOND ISSUE IS -- RECEIVES ITS NOTIFICATION THAT IT IS GOING TO MAKE THE TOP OF THE LIST AND BE FUNDED, AND ONCE IT RECEIVES ITS FUNDING, WHICH IT DID I THINK ON MAY 2nd OF THIS YEAR, IT HAS 120 DAYS TO ESSENTIALLY CLOSE THE DEAL AND GO VERTICAL OR THEY LOSE THE BONDS. IT'S MY UNDERSTANDING THAT THEIR EARLY NOTE IF I CITION INDICATION, THEY STARTED GETTING SOME NOTIFICATION I THINK IT WAS IN JANUARY THEY MIGHT BE BUBBLING UP. THEY BEGAN TO CONTACT THE NEIGHBORHOOD ASSOCIATION IN MARCH, I BELIEVE, AND HELD THEIR FIRST NEIGHBORHOOD MEETING IN APRIL. THAT'S THE ISSUE OF THAT. IT'S MY UNDERSTANDING THAT THIS -- SO THAT'S QUESTION NUMBER 1. QUESTION NUMBER 2 FROM MY PERSPECTIVE IS THAT THIS PROPERTY DOES HAVE PROPER ZONING FOR THIS DEVELOPMENT AS IT'S BEING PROPOSED. AND QUESTION NUMBER 3 IS THAT ESSENTIALLY THE 7% REQUIREMENT THAT WE'RE BEING ASKED TO PUT IN IS GOING TO BE ACHIEVED BY THE DEVELOPER'S WILLINGNESS TO PARTICIPATE THROUGH SMART HOUSING PROGRAM AND THE FEE WAIVERS ASSOCIATED WITH THAT PROCESS AND HIS COMPLIANCE WITH THAT PROGRAM. NOT ANY OUTLAYS. ONE OTHER POINT THAT I THINK -- ONE OF THE OTHER SPEAKERS SPOKE TO IS THAT THE CITY IS NOT LENDING ANY MONEY. I THINK IT'S IMPORTANT THAT THE NEIGHBORHOOD AND P PUBLIC UNDERSTAND THIS IS NOT THE CITY'S MONEY THAT IT'S LENDING. THESE ARE BONDS THAT THE CITY OR THE FINANCE CORPORATION HAS NO LIABILITY FOR. THE DEVELOPER ASSUMES ALL THE LIABILITY FOR THOSE. AND SO I THINK THOSE ARE HOPEFULLY CLARIFYING FACTS. I DON'T KNOW, BRIAN, IF UNDER TO ADD ANYTHING TO THAT.

WELL, THE PROCESS OF RECEIVING TAX EXEMPT BOND RESERVATION, AS EVERYBODY ON THE BOARD KNOWS, IS A LOTTERY. AND IN ESSENCE WHEN YOU ORIGINALLY APPLY FOR YOUR INDUCEMENT, YOU ARE GIVEN A LOTTERY NUMBER, BUT YOU HAVE NO WAY OF KNOWING WHETHER OR NOT YOU ARE EVER GOING TO RECEIVE THE OPPORTUNITY TO HAVE YOUR DEVELOPMENT FUNDED. WITHIN 72 HOURS OF BEING NOTIFIED BY THE TDHCA AND THE BOND REVIEW BOARD THAT WE IN FACT WERE GIVEN A BOND RESERVATION, WE INFORMED EVERY HOMEOWNER IN BURLESON HEIGHTS THAT WE WERE GOING TO HAVE A PROPOSED DEVELOPMENT AND WOULD MEET WITH THEM AND BEGIN TAKING THEIR INPUT AND WORKING WITH THEM ON A PLAN THAT WOULD BE CONSISTENT WITH WHAT THEIR NEEDS WERE AND SOMETHING THAT WE COULD GIVE BACK TO THE NEIGHBORHOOD TO BE A GOOD NEIGHBOR.

Goodman: AND MAYOR, COULD I JUST ASK MR. ALTER, YOU ARE FAIRLY FAMOUS FOR WORKING WITH NEIGHBORHOODS AROUND YOU, AND SINCE MR. ROBBINS IS ABOUT TO BE A HOMEOWNER OF A VERY SPECIAL PLACE THAT HE SPENT A LOT OF TIME WORKING TOWARD AND DESIGNING, I KNOW YOU WOULD ANYWAY, BUT I WOULD JUST LIKE TO MAKE SURE THAT HE KNOWS THAT AS IT GETS DOWN TO STARTING TO LOOK AT HOW TO PUT THINGS ON THE GROUND, THAT YOU WOULD VISIT WITH HIM AND FIGURE OUT WHAT THE IMPACTS ARE THAT HE'S WORRIED ABOUT AND FIGURE OUT HOW TO MITIGATE THOSE IMPACTS, IF THERE ARE ANY.

THANK YOU FOR THE COMPLIMENT. WITHOUT QUESTION, THAT'S EXACTLY WHAT EEL DO. WE ARE ALREADY LOOKING AT THE FLOOD PLAIN. WE ARE ALREADY WILLING TO TAKE SOME OF THAT WATER THAT'S IN THAT ADJACENT NEIGHBORHOOD AND GET IT AWAY FROM THE NEIGHBORHOOD SO WE CAN GET IT INTO OUR DRAINAGE SYSTEM AND MOVE IT ON DOWN THE STREAM. WE KNOW THERE ARE SOME REQUIREMENTS FOR STREAM IMPROVEMENTS, AND WE WILL MAKE THEM. I WOULD BE HAPPY TO WORK WITH ANY OF THE NEIGHBORS.

Mayor Garcia: OTHER QUESTIONS OF MR. HILGERS OR THE APPLICANT AND THE DEVELOPER?

Slusher: JUST A COUPLE.

Mayor Garcia: COUNCILMEMBER SLUSHER.

Slusher: THANK YOU, MAYOR. WOULD YOU ADDRESS THE POWER LINES ISSUE MR. ROBBINS BROUGHT UP?

DO YOU WANT TO ADDRESS THAT ISSUE?

I'M GOING TO LET CRAIG ANSWER THAT.

THE POWER LINES ARE LOCATED IN THE RIGHT-OF-WAY OF PLEASANT VALLEY ROAD. AND IF WE'RE TALKING ABOUT MITIGATION, EITHER WITH OR WITHOUT THE DEVELOPMENT IF THAT WERE TO EVER HAPPEN, THEY ARE IN THE RIGHT-OF-WAY. WE ARE OF COURSE, WE HAVE PARKING AREAS ADJACENT TO THAT RIGHT-OF-WAY. WE'RE RIGHT A DISTANCE FROM THE POWER LINES WITH OUR UNIT.

Slusher: OKAY. THANK YOU. AND MR. YATES BROUGHT UP A QUESTION OF THAT THIS WOULD BE TAKING PROPERTY -- I THINK -- I'M SORRY, MR. --

PATASHNIK.

Slusher: YOU ADDRESSED THAT. BUT TAKING PROPERTY THAT COULD OTHERWISE BE OWNER OCCUPIED, DO YOU WANT TO TALK ABOUT THAT JUST A LITTLE BIT MORE?

SURE. KNOWING HOW IMPORTANT IT IS TO THE NEIGHBORHOOD TO HAVE SINGLE-FAMILY DWELLINGS ON THIS SITE, EVEN THOUGH THE LAND USE WOULD GIVE ANYBODY THE OPPORTUNITY TO DEVELOP DUPLEX AND MULTI-FAMILY, WE MADE THE DECISION TO EFFECTIVELY REDUCE THE DENSITY TO A LEVEL THAT WOULD BE VERY CLOSE TO, IF NOT THE EQUIVALENT OF, SINGLE-FAMILY HOMES. AND WHAT WE EFFECTIVELY HAVE COME UP WITH IS A PLAN THAT HAS CUT THE ALLOWABLE DENSITY, WHICH COULD BE BUILT ON THIS PROPERTY, ON THIS 42 ACRES, IN HALF. AND IN DOING SO HAVE CLEARLY ADDRESSED ISSUES AS THEY RELATE TO OPEN SPACE, TREES, ENVIRONMENTAL ISSUES, TRAFFIC, SCHOOLS, AND THE LIKE. AND I THINK THE OVERWHELM OVERWHELMING SUPPORT THAT WE HAVE ON THIS DEVELOPMENT IS REALLY ON THAT BASIS. THAT WE IN EFFECT ARE GIVING SOMETHING BACK THAT IS CONSISTENT WITH WHAT THE NEIGHBORHOOD HAS SAID IS VERY IMPORTANT. IN ADDITION, I MIGHT ADD, EVEN PEOPLE WHO STOOD UP IN OPPOSITION TODAY WERE SUPPORTIVE OF OUR COMMITMENT TO THE NEIGHBORHOOD TO CLOSING BENJAMIN ROAD, WHICH WE WERE SUCCESSFUL AT THE BOARD OF -- EXCUSE ME, AT THE PLANNING AND ZONING HEARING FOR.

Slusher: OKAY. AND YOU ARE GOING TO HAVE CENTRAL MANAGEMENT ON THE SITE; IS THAT CORRECT?

ABSOLUTELY. CENTRAL MANAGEMENT, IT WILL BE OUR COMPANY. WE ARE LONG-TERM INVESTORS. WE HAVE OVER 25 PROPERTIES. WE HAVE NEVER SOLD ONE. THEY ALL SET THE STANDARD IN THE COMMUNITIES THAT WE HAVE BUILT. FOR NOT ONLY AFFORDABLE HOUSING, BUT FOR MULTI-FAMILY HOUSING. AND I'M VERY PROUD OF OUR RECORD, AND WE'LL CERTAINLY BE VIEWING THIS AS THE STANDARD FOR AUSTIN AND LOOK FORWARD TO WORKING WITH THE NEIGHBORHOOD AND THE COUNCIL.

Slusher: OKAY. THAT WAS ONE -- [INAUDIBLE] TO GENERALLY CAST ASPURSIONS, I HAVE SEEN A FEW STREETS OF ALL DUPLEXES THAT DO GET RUN DOWN. SO THAT IS HEARTENING THAT YOU ARE GOING TO HAVE THE CENTRAL MANAGEMENT ON THE SITE.

ABSOLUTELY. IN FACT, THAT TIES IN VERY WELL WITH WHY THE TDHCA IN THE QUALIFIED ALLOCATION PLAN ADDRESSES DUPLEXES. IT IS IN THE CONTEXT OF HAVING DO FLEXES WITHIN A SUBDIVISION WHEREBY YOU WOULD HAVE SCATTERED SITES AND INDIVIDUAL OWNERSHIP. WHICH IS SOMETHING THAT CLEARLY IS NOT CONSISTENT WITH TDHCA'S GOALS AND OBJECTIVES, AND AS THIS DEVELOPMENT WILL MOVE FORWARD FOR FINAL BOARD APPROVAL AT TDHCA, THEY ARE ADDRESSING AND APPROVING THIS SITE DEVELOPMENT ON THE BASIS THAT IT IS ONE OWNER AND IT IS A SELF-CONTAINED, SINGLE ASSET MANAGEMENT DEVELOPMENT.

Slusher: OKAY. THANKS. THAT'S ALL MY QUESTIONS, MAYOR.

Mayor Garcia: THANK YOU, COUNCILMEMBER SLUSHER. FURTHER QUESTIONS FOR THE DEVELOPER OR FOR STAFF? WE WILL BE --

[INAUDIBLE].

Mayor Garcia: I THINK YOU ALREADY HAD YOUR THREE MINUTES.

I JUST WANTED TO CLAIRE SOMETHING THAT MAYOR PRO TEM HAD ASKED -- CLARIFY SOMETHING THAT MAYOR PRO TEM HAD ASKED.

Mayor Garcia: MAYOR PRO TEM, DO YOU WANT TO CLARIFY?

Goodman: I DON'T KNOW ABOUT CLARIFY.

I WANT TO CLAIRE WHAT I WAS SAYING IS THIS PROPERTY IS MIXED ZONING. PART OF THE TRACT IS SINGLE-FAMILY, SF-3, 27 ACRES. 14 ACRES IS MF-2. WHEN YOU HAD YOUR INDUCEMENT RESOLUTION, YOU REQUESTED ON ABOUT THREE OTHER ISSUES THAT ZONING BE IN PLACE BEFORE YOU GRANTED THE BOND MONEY. AND ON OUR PARTICULAR -- ON PLEASANT VALLEY VILLAS, THAT WASN'T THE CASE AND THAT'S WHAT I WAS ASKING THERE BECAUSE TDHCA OFFERS THIS TYPE OF LOANS FOR DO FLEXES, BUT -- DO DUE PLEKSZ, BUT THE CITY HAS TO INCUR 7% COST. THANK YOU.

I'LL BE GLAD TO RESPOND TO THAT ONE. DO YOU WANT TO ANSWER THAT?

GO AHEAD, PAUL.

IT'S MY UNDERSTANDING WHEN THE INDUCEMENT RESOLUTION WAS BEING PROPOSED, THIS SIGHT THIS SITE WAS BEING PROPOSED ONLY ON DF 3 SITE. THE DEVELOPER PLAN WAS TO SELL THE MF TRACT AT THAT POINT, AND SO AFTER HE MET WITH THE NEIGHBORS AND AFTER HELP TIME TO LOOK AT THE PROPERTY AND EVALUATE THE SITE, WHAT HE DETERMINED THAT HE WOULD BE ABLE TO DO TO ACCOMMODATE THE REQUEST -- THE ISSUE OF DENSITY WAS TO NOT SELL THE MULTI-FAMILY SITE, TO REDUCE THE DENSITY ON THE MULTI-FAMILY SITE BY 100 UNITS AND REDUCE THE DENSITY OF THE DUPLEXES FROM 114 TO 80. SO THE PLAN AS ORIGINALLY PRO POAD WAS NOT TO HAVE ANY INFRASTRUCTURE ON THE SITE BY THIS DEVELOPER. IN THAT SENSE THAT'S WHY WE DIDN'T REQUEST THAT THE ZONING WAS IN PLACE.

Mayor Garcia: SFURT QUESTIONS?

THAT'S NS? THANK YOU VERY MUCH. THAT'S ALL THE ITEMS WE HAVE ON THE 2:10 P.M. PUBLIC HEARING. I'LL ENTERTAIN A MOTION TO ADJOURN THE MEETING OF THE AUSTIN HOUSING FINANCE CORPORATION. MOTION BY COUNCILMEMBER SLUSHER. I'LL SECOND THAT. ALL ALL IN FAVOR SIGNIFY BY SAYING AYE. OPPOSED, NO? MOTION CARRIES. THE MEETING OF THE AUSTIN HOUSING FINANCE CORPORATION IS -- INCIDENTALLY, THAT MOTION WAS MADE BY BOARD MEMBER SLUSHER AND HE AND SECONDED BY ME. THE MEETING OF THE AUSTIN HOUSING FINANCE CORPORATION IS NOW ADJOURNED, AND I'LL -- I'M GOING TO DO THE 4:00 P.M. I'LL RECONVENE NOW AT THIS TIME THE -- IF ALL OF YOU THAT ARE HAVING CONVERSATIONS IN THE CHAMBERS, IF YOU COULD TAKE THEM OUTSIDE. IF YOU COULD TAKE THEM INTO THE LOBBY. THANK YOU VERY MUCH. AT THIS TIME I'LL RECONVENE THE MEETING OF THE AUSTIN CITY COUNCIL AND WE'RE GOING TO GO TO THE 4:00 TIME CERTAIN. ZONING HEARINGS. WE WILL DO ALL OF THEM EXCEPT THE ONES FOR STRATUS, WHICH IS Z 4 AND Z 5. THOSE WE WILL DO AFTER WE GO INTO EXECUTIVE SESSION. MS. GLASCO.

Glasco: MAYOR, WERE YOU GOING TO DO THE CONSENT ITEMS FIRST?

Mayor Garcia: WELL, WE CAN, I GUESS. AND I GUESS WE WILL, AND THEN WE'LL GET BACK TO YOU.

Glasco: OKAY. THAT WILL BE FINE.

Mayor Garcia: WE'RE MAKING A RECORD TODAY. WE NEVER GOT TO THE CONSENT ITEMS THIS LATE IN THE AFTERNOON, BUT THANK YOU, MS. GLASCO. THAT MAKES IT MORE CONVENIENT BECAUSE THAT WAY WE CAN TAKE ALL OF THEM. PREVIEW OF ITEMS FOR NEXT COUNCIL MEETING, COUNCILMEMBER ALVAREZ. WHERE IS HE? I'LL ANNOUNCE IT FOR HIM. ON THE AUGUST 1st AGENDA, COUNCILMEMBER ALVAREZ AND I WILL HAVE AN ITEM DIRECTING THE CITY MANAGER TO WORK WITH MEXICO'S CONSULATE OFFICE ON A PLAN TO EXPLORE THE POSSIBILITY OF PUTTING THE MEXICAN CONSULATE ON THE SITE OF THE MEXICAN-AMERICAN CULTURAL ARTS CENTER. AND THAT'S A REQUEST THAT WE RECEIVED FROM THE CONSUL GENERAL. AND WE WOULD LIKE FOR THE CITY MANAGER TO EXPLORE IT AND TELL US WHETHER IT CAN WORK. ARE THERE ANY OTHER ITEMS FOR THE COUNCIL MEETINGS, CITY MANAGER? THAT YOU KNOW OF.

NO, AND WE'LL MAKE SURE THAT WE EXPLORE THOSE ITEMS.

Mayor Garcia: ANYBODY ELSE HAVE ANY ITEMS AT THE AUGUST 1st COUNCIL MEETING? COUNCILMEMBER ALVAREZ, I ALREADY ANNOUNCED THE ONE ON THE CONSUL GENERAL. OKAY. WE'LL GO TO THE CONSENT AGENDA. MS. BROWN.

Clerk: DO YOU WANT ME TO READ THE REMAINDER OF ITEMS WHERE THERE'S CHANGES AND CORRECTIONS?

Mayor Garcia:-YEAH, THAT'S RIGHT. WE HAVEN'T DONE THOSE. WE DID ALL THE WAY THROUGH 18. THE CIRCLE C/STRATUS PROPOSED DEVELOPMENT, THOSE ITEMS YOU DON'T NEED TO READ INTO THE RECORD BECAUSE THEY WON'T BE PART OF THE CONSENT AGENDA.

Clerk: I'LL START WITH ITEM 41. ITEM 41 IS POSTPONED TO AUGUST 1, 2000. -- AUGUST 1, 2002. ON ITEM 54, PLEASE INSERT THE WORDS AFTER DESIGN SERVICES, IN OTHER WORDS THE WORDS "AND AUDIOVISUAL SYSTEMS DESIGN SERVICES." ITEM 69 IS --

Mayor Garcia: LET ME SEE IF I CAN GET MORE VOLUME ON THAT MIKE. CAN YOU GIVE MS. BROWN MORE VOLUME ON THE MIKE?

Clerk: ITEM 69, 70, AND 71 HAVE BEEN POSTPONED INDEFINITELY. ITEM 77, PLEASE ADD TO THE SPONSORS COUNCILMEMBER RAUL ALVAREZ AND COUNCILMEMBER DUNKERLEY AND NOTE THIS IS BEING POSTPONED TO AUGUST 1 AT THE REQUEST OF THE SPONSOR. AND ITEM 82 IS GOING TO BE POSTPONED TO AUGUST 2nd, 2002.

Mayor Garcia: THAT'S ITEM 82?

Clerk: YES, SIR.

Mayor Garcia: OKAY. ALL RIGHT.

Clerk: ARE YOU READY FOR CONSENT?

Mayor Garcia: READY FOR CONSENT.

Goodman: MAYOR, BEFORE WE DO, JUST OUT OF CURIOSITY, ON ITEM NUMBER 77, COULD I KNOW WHY ALL THE CO-SPONSORS NAMES WEREN'T POSTED ON HERE FROM THE BEGINNING?

Clerk: I DON'T DO THE AGENDA, BUT I CAN ASK STAFF TO FIND OUT AND LET YOU KNOW.

Goodman: THANK YOU.

Clerk: ON THE CONSENT AGENDA, NUMBER 5, NUMBER 22 DEFERRED TO AUGUST 1.

Mayor Garcia: AND LET ME SAY ON ITEM NUMBER 5, THE FISCAL NOTE IS $4,954,175.

Clerk: WOULD YOU REPEAT THAT.

Mayor Garcia: $4,954,175.

Clerk: THANK YOU.

Mayor Garcia: AND THIS HAS TO DO WITH THE PURCHASE OF THE GOLF COURSE NEXT TO THE COLORADO RIVER PARK.

Clerk: OKAY. ITEM 22 AND 23 ARE DEFERRED TO AUGUST 1st. ITEM 26 -- ITEM 26 AND 27 ARE DEFERRED TO AUGUST 1st.

Mayor Garcia: IS 24 PULLED? 25 AND 25 PULLED BY SOMEBODY?

[INAUDIBLE]

Mayor Garcia: OH, OKAY. OKAY.

Clerk: ITEM 41 IS POSTPONED TO AUGUST 1st. ITEM -- THESE ARE ON CONSENT. 42, 43, 44, 45, 46 IS A POSTPONEMENT TO AUGUST 1 AT THE REQUEST OF THE APPLICANT. 47 IS SECOND AND THIRD READING. 49, 50, 52, 53, 54 WITH THE CHANGES, 55, 56, 57, 58, 59, 60, 61, 62, 63 HAS BEEN PUT BACK ON THE CONSENT AGENDA; 64, 65, 66, 67, 68, 69, 70, 71 ARE POSTPONED INDEFINITELY. 72. 73. 74. 75 ARE BOARD AND COMMISSION APPOINTMENTS AS FOLLOWS. [ONE MOMENT, PLEASE, FOR CHANGE IN CAPTIONERS] 3 4:31 P.M. 4:37.

Mayor Garcia: THE CONSENT AGENDA IS EYE THEM NO. 5.

I'LL ADD ONE. THAT WOULD BE NUMBER 20, I JUST NEED TO GET SOMEONE FROM AUSTIN ENERGY TO COME UP AND SPEAK BRIEFLY ON THAT.

Mayor Garcia: OKAY. ITEM 20 BACK ON IS CONSENT AGENDA AND AT THE APPROPRIATE TIME WHEN WE GET TO THE DISCUSSION AS TO [INAUDIBLE] , COME UP AND TALK ABOUT THAT.

MAYOR, LIKEWISE WITH ITEM NUMBER 51, GO BACK ON THE CONSENT AGENDA BUT I'LL NEED TO HAVE A QUICK DISCUSSION.

Mayor Garcia: ALL RIGHT. I SUSPECT THAT WOULD BE SOMEBODY FROM PUBLIC WORKS. 63 IS ALSO BACK FROM THE CONSENT AGENDA. OKAY. HERE WE GO. ITEM NUMBER 5, 20, 41 UNTIL AUGUST THE 1ST. [INAUDIBLE] 49, 50, 51, 52, 53, 54, 55, [INAUDIBLE] 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70 AND 71. THOSE ITEMS ARE [INAUDIBLE] 72, 73, 74, 75, WITH THE NAMES THAT WERE READ INTO THE RECORD BY MS. BROWN. 77 POST POSTPONEMENT TO AUGUST 1, AND WITH THE CORRECTION FOR THE NAMES [INAUDIBLE] 83 IS POSTPONED UNTIL AUGUST THE 7th, AND 84. THOSE ARE THE ITEMS ON THE CONSENT AGENDA.

SO MOVED.

[INAUDIBLE] COUNCILMEMBER WYNN. SECONDED BY COUNCILMEMBER SLUSHER. ITEM NUMBER 20.

MAYOR, THIS HAS TO DO WITH DEREGULATION AND THE IMPACT ON THE OWNERSHIP OF THE SOUTH TEXAS NUCLEAR PROJECT BECAUSE SOME OF THE PARTNERS ARE PRIVATE UTILITIES AND IF YOU COULD EXPLAIN THAT AND I JUST WANT TO MAKE SENSE OF THE SOUTH TEXAS NUCLEAR PROJECT AND THE CITY HAS A LONG NOT ONLY HAPPY HISTORY. I WANT TO HEAR WHAT THIS ITEM ENTAILS AND [INAUDIBLE] VERY CLOSELY WHERE THERE'S NOTHING HIDDEN IN HERE, THAT MIGHT BE ADVANTAGEOUS TO THIS.

YES, SIR.

I'M JUAN GARZA, GENERAL MANAGER OF AUSTIN ENERGY. OUR ATTORNEYS HAVE LOOKED AT THIS AGREEMENT EXTENSIVELY TO MAKE SURE THAT NO SUBSTANTIVE CHANGES OCCUR, AND NO SUBSTANTIVE CHANGES ARE OCCURRING AS A RESULT. THIS IS ESSENTIALLY A RESPONSE TO REQUIRED MANDATED CHANGE, MANDATED... THAT REQUIRES THE UNBUNDLING OF DIFFERENT ASSETS OF COMPANIES INTO THE GENERATION. HOUSTON POWER AND LIGHT IS READY TO MOVE AT THIS TIME. THEY'RE ONE OF THE PARTNERS BUT IT DOES NOT CHANGE THE MANAGEMENT, THE OPERATION, THE LIABILITY REMAINS.

OKAY. THANK YOU.

Mayor Garza: COUNCILMEMBER WYNN, YOU HAD A QUESTION ON ANOTHER ITEM.

PART OF 51, COUNCIL, IS -- THIS IS AN ONGOING PREVENTIVE MAINTENANCE CONTRACT THAT INCLUDES THE RESURFACING OF THE CIRCLE C VILLAWAY AND I KNOW THAT CAUSES A LOT OF HEART BURN WITH THE USERS OF THE VILLAWAY BECAUSE THE ACTUAL SURFACE MATERIAL OF THAT IS PRETTY IMPORTANT. [INAUDIBLE] , SO MY -- I GUESS MY HOPE IS THAT AS PART OF THIS APPROVAL, Y'ALL ALSO TAKE TIME AND CARE TO, ONE, HAVE SOME OUTREACH TO THE STAKE HOLDERS AND USERS THERE AT THE VILLAWAY, A LITTLE BIT OF EDUCATION ABOUT WHAT THE PRODUCT IS PROPOSED TO BE. BUT BEFORE IT WERE TO HAPPEN, THERE WOULD BE SOME TYPE OF EITHER TEST STRIP DONE OR WE TAKE A GROUP OF STAKEHOLDER UPS TO THE PROJECT THAT WE'RE USING FOR THE VILLAWAY, LET THEM TRY IT OUT AND MAKE SURE IT'S ACCEPT BID THE STAKEHOLDERS AND VILLAWAY BEFORE WE GO AND RESERVICE THAT ASSET.

YES, SIR. MY NAME IS [INAUDIBLE] I'M THE DIRECTOR OF PUBLIC WORKS. COUNCILMEMBER WYNN, ALL THIS CONTRACT DOES IS IT ALLOWS US AN ALTERNATE THAT WE'RE ADDING TO THE BASIC CONTRACT TO ADD THAT PROCESS TO THE VILLAWAY. IT DOESN'T REQUIRE US TO DO SO. WHAT WE'VE AGREED UPON IS THAT WE DO A TEST SECTION TO SEE WHETHER IT'S ACCEPTABLE PARTICULARLY TO THE INLINE SKATERS, AND IF NOT, WE HAVE TO LOOK AT OTHER MAINTENANCE OPTIONS, EVENT EVENTUALLY THERE WILL HAVE TO BE SOME MAINTENANCE. IF IT'S INEXPENSIVE, IF IT DOESN'T SERVE THE PURPOSE WELL, IT'S NOT WHAT WE NEED TO DO THIS. SO THIS GIVES US THE OPTION. THE PRIMARY PURPOSE OF THIS CONTRACT IS PREVENTIVE MAINTENANCE.

BUT Y'ALL HAD SET UP SOME TYPE OF PROCESS OR OUTREACH FOR THE USERS OF THE VILLAWAY.

I THINK WE'VE MET WITH 40 OF THE USERS AND WE PLAN TO WORK WITH THEM ON THIS TEST SECTION ANT GET THEIR FWEED BACK ON HOW ACCEPTABLE THAT IS TO THEM AND TAKE IT FROM TH THERE.

THANK YOU, MAYOR. WE DON'T HAVE ANY SPEAKERS FROM THE CONSENT AGENDA. ALL RIGHT. SO THERE'S A MOTION. DO WE HAVE A MOTION AND A SECOND?

YES, COUNCILMEMBER WYNN.

Mayor Garcia: FURTHER DISCUSSION ON THE CONSENT AGENDA? IF NOT, ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING AYE. OPPOSED, NO. MOTION CARRY BASE VOTE OF 7 TO 0. OKAY. THE NEXT ITEM IS THE APPROVAL OF THE MINUTES FROM THE REGULAR MEETING OF JULY THE 11th. ARE THERE ANY CHANGES OR CORRECTIONS TO THE MINUTES.

MAYOR, I WOULD LIKE TO KNOW ONE CHANGE, PLEASE.

OKAY.

THE MINUTES SHOW THAT ITEM 73, 79 AND 82 ARE APPROVED. THE ONLY CHANGE I NEED TO MAKE ON THEM IS THAT THEY'RE ACTUALLY ORDINANCES RATHER THAN A MOTION SO I'LL MAKE THAT CORRECTION.

OKAY. SO WITH THAT CORRECTION I'LL ENTERTAIN A MOTION TO APPROVE THE MINUTES OF JULY 11 OF 2002. MOTION BY COUNCILMEMBER DUNKERLY. SECOND. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. OPPOSED, NO. MOTION CARRIED. THE MINUTES ARE APPROVED AND THEN WE'RE UP TO THE 4 P.M. ZONING, AND LIKE I INDICATED, WE WILL TAKE THOSE THAT DON'T APPLY TO STRATUS AND CONSIDER THOSE AND THEN WE'LL GO INTO EXECUTIVE SESSION.

I'M ALICE [INAUDIBLE] I'M THE DIRECTOR OF THE NEIGHBORHOOD PLANNING DEPARTMENT. ITEM NUMBER Z 1. 14 THE ZONING AND PLATTING COMMISSION RECOMMENDATION HAS RECOMMENDED THAT YOU AMEND THE COVENANT AS PROPOSED BY THE APPLICANT. ITEM NUMBER THIS IS A REQUEST TO TERMINATE A ZONING PLAT PLAN ASSOCIATED WITH THE ZONING CASE. THE APPLICANT AS A RESULT OF THAT SEEKING A CHANGE TO CS ZONING. WHICH STANDS FOR GENERAL COMMERCIAL SERVICES FOR PROPERTY LOCATED AT 10,645 NORTH INTERSTATE HIGHWAY 45 ROAD NORTHBOUND. THE PROPOSED JOANING WOULD BE GENERAL COMMERCIAL SERVICES WITH A CONDITIONAL OVERLAY AND THAT IS THE RECOMMENDATION OF THE ZONING AND PLATTING COMMISSION. THE ZONING IS READY ON FIRST READING ONLY.

WHAT DOES DE MEAN.

THAT MEANS THE ZONING PLAT PLAN IS BEING DELETED.

AND RCA IS RESTRICTED COVENANT.

YES, MAYOR, YOU'RE CORRECT. [TECHNICAL DIFFICULTIES]. 4:48.

ITEM NUMBER Z 7 IS C 140288 LOCATED AT 11 --

Mayor Garcia: EXCUSE ME, WHICH IS THE LAST ONE THAT YOU READ?

Z 6.

AND THAT IS CONSENT FOR --

CONSENT FOR ALL THREE READINGS AS RECOMMENDED BY THE ZONING AND PLATTING COMMISSION. C 1402 #- 8 LOCATED IN 11,820 JOLLEY ROAD. THE APPLICANT IS SEEKING A CHANGE TO LRCO WHICH STANDS FOR NEIGHBORHOOD COMMERCIAL SERVICES WITH A CONDITION OVERLAY. THE ZONING AND PLATTING COMMISSION RECOMMENDATION WAS TO GRANT THE REQUEST AND TO ADD A CONDITION OVERLAY. THE APPLICANT HAS FURTHER MET WITH A NEIGHBORHOOD AND OFFERED ADDITIONAL USES TO BE PROHIBITED. AND THERE AS FOLLOWS, ONE, RESTAURANT, DRIVE-IN, FAST FOOD, SERVICE STATION, THREE COUNSELING SERVICES, FOUR GUIDANCE SERVICES, AND FIVE, SAFETY SERVICES. THOSE CONDITIONAL USES WILL BE IN THE ORDINANCE AND THAT WILL BE READY FOR ALL THREE READINGS. MAYOR, I ALSO UNDERSTAND THAT THE COUNCIL MAY WISH TO POSTPONE ITEM 78 AND 79 WHICH ARE NEIGHBORHOOD PLAN FOR UPPER BUGGY CREEK AND REZONINGS THAT ARE ASSOCIATED WITH THAT.

IS THAT SOMETHING THAT HAS BEEN A COUNCIL REQUEST?

IT'S MY UNDERSTANDING THAT THAT MIGHT BE...

Mayor Garcia: COUNCILMEMBERS, IS SOMEBODY REQUESTING A POSTPONEMENT ON 78 AND 79?

... FOR A WEEK AND SEE IF TWO OF THE NEIGHBOR -- NEIGHBORHOODS COULD GET SOME SPECIAL ISSUES WORKED OUT.

THAT WOULD BE FOR TWO WEEKS.

THAT WOULD BE FOR TWO WEEK.

YES. TWO WEEKS IS FINE.

Mayor Garcia: THAT WOULD BE ON THE CONSENT AGENDA ALSO.

HOPEFULLY. WE MIGHT HAVE SOME BRIEF DISCUSSIONS. WE ONLY HAVE THREE TRACKS OUT OF 100-SOME PROPERTIES.

MAYOR, I BELIEVE WE POSTPONED THAT AS PART OF THE CONSENT AGENDA.

Mayor Garcia: 78 AND 79?

THAT'S WHAT I NOTED ON MINE HERE.

Mayor Garcia: I DON'T REMEMBER. DID WE DO THAT? NO, WE DIDN'T DO THAT.

WE DID POSTPONE 77 AND 82, COUNCILMAN.

Mayor Garcia: SO THE REQUEST FROM COUNCILMEMBER DUNKERLY IS TO POSTPONE 78 AND 79 TO GIVE THE NEIGHBORHOOD AN OPPORTUNITY TO WORK OUT -- HAVE AN OPPORTUNITY TO WORK IT OUT. SO THAT WOULD BE ON THE CONSENT AGENDA UNDER ZONING FOR POSTPONED TO AUGUST 1 OR 2. IS THERE ANY OBJECTION TO THAT? ANYBODY?

NO, MAYOR. I THINK THAT THERE WAS SOME NEIGHBORS HERE THAT SHOWED UP APPARENTLY ABOUT TEN MINUTES AGO.

Mayor Garcia: IS THERE ANYBODY IN THE AUDIENCE -- I DON'T HAVE -- LET'S SEE, THAT WOULD BE THE -- THAT WOULD BE 78. I SAW YOU, DELORES, BUT YOU DIDN'T SIGN UP I DID.

Mayor Garcia: YOU DID? OKAY. HERE WE GO. HERE WE GO. HERE WE GO.

Audience: [INAUDIBLE]

Mayor Garcia: I GOT IT. I GOT IT. Y'ALL ARE NOT OBJECTING TO THE TWO-WEEK POSTPONEMENT; ARE YOU?

NO, SIR [INAUDIBLE]

Mayor Garcia: ALL RIGHT. LET ME READ INTO THE RECORD THE PEOPLE THAT HAVE SIGNED UP TO SPEAK. PAM BAKER IS REGISTERED WISHING TO SPEAK AND IS IN FAVOR OF. AND THIS WILL BE KEPT SO THAT WE CAN CALL YOU ON AUGUST 1ST. HAROLD BERG IS REGISTERED IN FAVOR OF AND WISHING TO SPEAK. RAYMOND JOSEPH IS REGISTERED WISHING TO SPEAK AND IN FAVOR OF. DELORES -- DOROTHY WADE IS REQUESTING A POSTPONEMENT. DELORES DUFFY IS WISHING TO SPEAK AND WE WILL KEEP YOUR CARD UNTIL AUGUST THE 1ST AND WE WILL RECOGNIZE YOU AT THAT TIME. THANK YOU VERY MUCH.

MAYOR, IN RECORDS TO THIS PLAN, IF I COULD ASK STAFF, I'VE HEARD CONFLICTING STORIES ABOUT WHETHER OR NOT THERE POTENTIALLY WAS A PETITION BAT LOL OR NOT CONCERNS I BELIEVE TRACT 17 SO PERHAPS PRIOR TO THE AUGUST 1ST READING WE CAN JUST CONFIRM.

I CAN GIVE YOU AN ANSWER RIGHT NOW. THE PETITION IS NOT VALID, BUT 18%, WE RECEIVED A COPY OF THE LETTER THAT WAS SUBMITTED TO THE MAYOR'S OFFICE FOR THAT PARTICULAR TRACT AND IT'S 18% BUT WE'LL PROVIDE THAT INFORMATION AGAIN WHEN WE COME BACK ON AUGUST THE 1ST.

FOR PURPOSES OF THE PEOPLE WHO FILED THE PETITION, DO THEY HAVE ADDITIONAL TIME TO GET IT UP TO 20?

CERTAINLY. THEY CERTAINLY DO.

Mayor Garcia: OKAY. WHAT DID YOU TELL ME ON Z 3? IS THAT A DISCUSSION ITEM? Z 3 IS A REQUEST TO POSTPONE TO AUGUST THE 1ST.

Mayor Garcia: SO THIS IS THE CONSENT AGENDA ON THE 4 P.M. ZONING HEARING AND APPROVAL OF ORDINANCES. Z 1 CONSENT. WHAT IS NOT AN ORDINANCE YET, THAT IS JUST A RESTRICTED COVENANT AMENDMENT. Z 2 IS CONSENT FOR THE FIRST READING. 3 IS CONSENT FOR POSTPONEMENT UNTIL AUGUST THE 1ST OF O 2. Z 4 AND Z 5 ARE STRATUS ITEMS. 16 IS CONSENT FOR THREE READINGS. 7 IS CONSENT FOR THREE READINGS. 78 IS CONSENT FOR POSTPONEMENT UNTIL AUGUST THE 1ST AND THE SAME THING ON 79. FOR THE PEOPLE THAT ARE HERE THAT I READ THE NAMES INTO THE RECORD, YOU WILL BE RECOGNIZED WHEN WE BRING THIS ITEM BACK UP ON AUGUST THE 1ST. OKAY. IS THERE QUESTIONS FOR STAFF ON THE CONSENT AGENDA? IF NOT, I'LL ENTERTAIN A MOTION TO APPROVE THE CONSENT AGENDA.

SO MOVED MAYOR.

MOTION BY COUNCILMEMBER THOMAS. SECONDED BY COUNCILMEMBER ALVAREZ. FURTHER DISCUSSION? IF NOT, ALL THOSE IN SIGNIFY BY SAYING AYE.

AYE.

POSED, NO. MOTION CARRIES. THOSE ITEMS ARE APPROVED UNDER THE CONSENT AGENDA. AT THIS TIME I WILL ANNOUNCE THAT THE COUNCIL WILL GO INTO EXECUTIVE SESSION UNDER ITEM NUMBER -- UNDER PRIVATE CONSULTATION WITH OUR ATTORNEY UNDER SECTION 551.071 TO CONTINUE THE DISCUSSION OF LEGAL ISSUES RELATED TO SAVE OUR SPRINGS AL LIENS AND CIRCLE C NEIGHBORHOOD ASSOCIATION VERSUS THE CITY OF AUSTIN, SOIRK LAND CORPORATION AND STRATUS PROPERTIES, INC. CAUSE NUMBER GN 202018 IN THE 251ST JUDICIAL DISTRICT COURT OF TRAVIS COUNTY AND ISSUES TO THE STRATUS PROPOSED SETTLEMENT AGREEMENT AND WE'RE IN THE -- WE'RE NOW GOING INTO EXECUTIVE SESSION. I MAY ANNOUNCE THAT WE WILL, WHEN WE COME OUT, WE WILL BE STARTING OUT WITH THE ITEMS THAT I'M MENTIONED DURING THE DISCUSSION OF THE CONSENT AGENDA FOR ZONING WHICH WILL BE ITEMS Z 4 AND Z 5. WE'LL GO TO THOSE FIRST AND THEN WE'LL COMEBACK AND GO THROUGH THE OTHER ONES THAT WERE PART OF THE REGULAR AGENDA. WE'RE IN RECESS. BACK IN THE OLD DAYS I USED TO ENJOY RECESS.

Mayor Garcia: AS IS CUSTOMARY AT THIS COUNCIL MEETING, WE HAVE A STUDENT FROM ONE OF OUR ELEMENTARY OR MIDDLE SCHOOLS TO BE MAYOR FOR THE DAY AND TODAY WE HAVE LETICIA FAYE OJEDA AS OUR MAYOR FOR THE DAY, AND THE JOB, LETICIA, IS FOR YOU TO READ THE PROCLAMATIONS AND THIS INTRODUCTORY INFORMATION FOR OUR MUSICIANS AND ALSO HELP ME IN PRESENTING PROCLAMATIONS TO THE PEOPLE THAT HAVE DONE SOME GOOD THINGS FOR THE CITY. SO LET ME INTRODUCE TO YOU MAYOR FOR THE DAY, OR MAYOR LETICIA FAYE OJEDA. [ APPLAUSE ] THE FIRST THING I NEED TO TELL YOU IS THAT YOU DON'T NEED TO BE NERVOUS BECAUSE ALL OF THE PEOPLE ARE FRIENDS OF OURS AND THEY'RE HERE BECAUSE THEY LIKE LIVING HERE IN AUSTIN AND THEY WANT TO BE OUR FRIENDS. SO IF YOU COULD READ THIS, YOU INTRODUCE THE MUSIC FOR THE DAY. LETLETICIA WILL BE ATTENDING 7th GRADE AT MARTIN MIDDLE SCHOOL.

GEORGE PEREZ IS A MULTITALENTED MAN WITH DEEP FAMILY MUSICAL ROOTS. HIS FATHER SINGS ARE & B WHILE HIS MOTHER WAS A GOSPEL SINGER. CURRENTLY GEORGE PERFORMS IN TWO DIFFERENT GROUPS, SIXth SENSE AND ALL YOU NEED. HE IS ALSO WORKING ON A SOLO PROJECT. SO PLEASE JOIN ME IN WELCOMING GEORGE PEREZ. [ APPLAUSE ] [(music)MUSIC PLAYING(music)(music)] [(music)MUSIC PLAYING(music)(music)] (music) I'LL SEE YOU EVERY DAY AND EVERY NIGHT (music)(music) WHERE IS YOUR LOVE? (music)(music) WHERE IS YOUR LOVE, BABY (music)(music) WHERE IS YOUR LOVE, BABY (music)(music) TAKE IT WHERE YOU WANT TO BE, BABY (music)(music) (music) I'M NOT A RICH MAN, OH, BABY, DON'T GET ME WRONG, NO, I GOT SO MUCH LOVE WITH GIRLS (music)(music) (music) WHERE IS YOUR LOVE? (music)(music) (music) WHERE IS YOUR LOVE? (music) OH, BABY, IF I KNEW I STILL LOVE YOU, (music)(music) (music) GOT TO TAKE ME FOR WHAT I AM (music)(music) (music) WHERE IS YOUR LOVE, BABY (music)(music) (music) WHERE (music)(music) (music) WHERE IS YOUR LOVE, BABY (music)(music) (music) OH, WHERE (music)(music) [ APPLAUSE ]

Mayor Garcia: YOU NEED TO TELL US WHERE YOU'RE GOING TO PERFORM NEXT.

I'M REALLY NOT SURE. MY MANAGER, IT'S LIKE -- LIKE A LAST MINUTE THING RIGHT NOW BECAUSE WE'RE TRYING TO GET MY ALBUM IN ORDER AND STUFF AND GET IT COPYRIGHTED AND PLUS I PLAY FOR A CHURCH ON TOP OF THAT, SO I'M PRETTY MUCH BUSY SO IT'S LIKE A LAST MINUTE THING.

Mayor Garcia: BUT IF SOMEBODY WANTS TO GO LISTEN TO YOU WITH YOUR BAND OR YOUR GROUP, WHERE DO THEY GO.

YOU KNOW WHAT, YOU CAN LOOK ON THE GREEN SHEET, THE BAND IS CALLED ALL YOU NEED.

Mayor Garcia: THANK YOU. I HAVE A PROCLAMATION FOR YOU THAT READS AS FOLLOWS: BE IT KNOWN WHEREAS THE LOCAL MUSIC COMMUNITY MAKES MANY CONTRIBUTIONS TOWARD THE DEVELOPMENT OF AUSTIN'S SOCIAL, ECONOMIC AND CULTURAL DIVERSITY, AND WHEREAS THE DEDICATED EFFORTS OF ARTISTS FURTHER AUSTIN'S STATUS AS A LIVE MUSIC CAPITAL OF THE WORLD, NOW, THEREFORE, I GUS GARCIA, MAYOR OF THE CITY OF AUSTIN, TEXAS, DO HEREBY PROCLAIM JULY THE 12th, 2002, AS GORGE PEREZ DAY IN AUSTIN. THE NEW MAYOR IS GOING TO PRESENT IT TO YOU. [ APPLAUSE ] NOW, THE MAYOR HAS HER PARENTS HERE, SO SHE'S GOING TO INTRODUCE HER PARENTS. MAYOR?

I WOULD LIKE Y'ALL TO MEET MY PARENTS. MY FATHER, RICHARD OJEDA. [ APPLAUSE ] MY MOTHER ALBERTA OJEDA. [ APPLAUSE ] AND MY LITTLE BROTHER, RICHARD, JR. [ APPLAUSE ]

Mayor Garcia: THANK YOU. THANK YOU VERY MUCH. THANK YOU FOR BEING HERE. THANK YOU FOR PROVIDING ALL THE SUPPORT THAT THE MAYOR NEEDS TO MAKE SURE SHE HAS SUCCESS IN SCHOOL. WE HAVE SOME GUESTS HERE FROM JAPAN. WE HAVE A SISTER CITY IN JAPAN, OUITA, JAPAN, AND FROM TIME TO TIME WE GET DELIGATIONS FROM OUR SISTER CITY VISITING US AND THEY COME TO VISIT US AND WISH US WELL, FIND OUT WHAT WE'RE DOING HERE. AND MAKE PLANS FOR OUR VISITS TO OUITA SOME TIME IN THE FUTURE. THIS CERTIFICATE THAT WE'RE GOING TO PRESENT TO THEM TODAY ARE CERTIFICATES OF HONORARY CITIZENSHIP AND THEY READ AS FOLLOWS, THE CITY OF AUSTIN, THE CITY COUNCIL OF AUSTIN, TEXAS, PROUDLY CONFERS THE TITLE OF HONORARY CITIZEN ON YUKA SATAKI, IF THAT IS PRONOUNCED CORRECTLY, ON THIS THE 18th DAY OF JULY, THE YEAR 2002, AND IT'S SIGNED BY ME, GUS GARCIA. SO YUKO? ARE YOU YUKO? [ APPLAUSE ] THE NEXT CERTIFICATE THAT READS THE SAME WAY IS PRESENTED TO HAI MIOSHI. CONGRATULATIONS. WELCOME TO OUR CITY. [ APPLAUSE ] AND THE NEXT CERTIFICATE IS PRESENTED TO SUO TAKASI. [ APPLAUSE ] HIROSHI MIMAMURA. [ APPLAUSE ] SUNJI WARA. [ APPLAUSE ] IS SOMEBODY GOING TO SPEAK FOR THEM? OR TRANSLATE? HOW ARE WE GOING TO DO THIS? OKAY. ALL RIGHT. GO AHEAD. IF THE LEADER OF THE DELIGATION WOULD LIKE TO SAY A FEW WORDS AND THEN YOU CAN TRANSLATE. WELCOME, SIR.

[SPEAKING IN JAPAN JAPANESE]

SINCE WE STARTED THIS EXCHANGE PROGRAM WITH THE CITY, AS ONE OF THE PROGRAMS WE COME HERE WITH 28 STUDENTS PLUS 11 OTHERS.

[SPEAKING IN JAPANESE]

[TRANSLATED...] I SINCERELY HOPE THAT THIS GOOD RELATIONSHIP IS AUSTIN CITY AND OUR CITY CONTINUES. [ APPLAUSE ] WE HAVE BROUGHT SOME GIFT FROM OUR GOVERNOR TO THE SISTER CITY. [ APPLAUSE ]

Mayor Garcia: THANK YOU VERY MUCH. ON BEHALF OF THE CITY OF AUSTIN FOR THIS WONDERFUL GIFT. DO WE HAVE ANYBODY HERE IF AUSTIN, OUITA SISTER CITY ASSOCIATION, BY ANY CHANCE? NO. NO? OKAY. WE'RE GOING TO TAKE A PICTURE OVER THERE. OVER HERE. (ONE MOMENT, PLEASE, FOR CHANGE IN CAPTIONERS...) 5:45.NO CARRIERRINGCONNECT 1200 THE THE TIME IS 5:54. WE WERE ALSO ABLE AND VERY FORTUNATE THIS YEAR TO GET THE FIRST LADY AND DR. EDWARDO SANCHEZ TO BE INVOLVED IN A PSA THIS YEAR FOR REACH OUT AND READ IN THE ROUND ROCKY EXPRESS IN A SPECIAL EVENING AT THE ROUND ROCKY EXPRESS WHERE YOU BROUGHT A BOOK AND GOT A FREE TICKET TO THE GAME, AND WE COLLECTED OVER 400 BOOKS THAT NIGHT. WE FEEL LIKE THE PROGRAM IS DEFINITELY ON ITS FEET AND IS A GREAT ASSET FOR THE AUSTIN COMMUNITY, AND WE HOPE IT WILL ALSO BE AN ASSET TO OUR STUDENTS WHO WILL START SCHOOL HAVING READ BOOKS BEFORE THEY GET THERE. THANK YOU. [ APPLAUSE ]

IN CASE DID YOU NOT NOTICE, THAT LADY THAT JUST SPOKE IS MARRIED TO ONE OF OUR FORMER COUNCIL MEMBERS, THE HONORABLE RONNIE REYNOLDS. TELL HIM HELLO FOR US. MAYOR, DO YOU WANT TO SAY A FEW WORDS? AS SOON AS WE TAKE A PICTURE OF THE MAYOR, WE WILL TAKE A FEW WORDS AND THEN WE WILL RECESS.

WE JUST WANT TO LET YOU KNOW, THIS IS VERY -- VANESSA EDWARDS. SHE'S IN HER FIRST YEAR OF SERVICE, AND SHE HAS ANOTHER YEAR WITH US. WE HOPE THERE'S MORE COMING BEHIND HER. THANK YOU. [ APPLAUSE ]

I'M GOING TO ASK OUR MAYOR FOR THE DAY TO SAY A FEW WORDS ABOUT SCHOOL AND HOW THINGS ARE LOOKING NOW THAT SHE'S LEAVING ELEMENTARY SCHOOL AND GOING TO MIDDLE SCHOOL.

WELL, JUST THIS YEAR, THE SCHOOL BOARD DECIDED TO MOVE THE 6th GRADE TO MARTIN MIDDLE SCHOOL. WELL, ALL OF US FIFTH GRADERS HEARD ABOUT IT, AND WE ARE HOPING REALLY BAD THAT THEY WOULDN'T, BUT THEN WE'RE ALSO KIND OF SAD BECAUSE WE WANTED TO BE KIND OF LIKE THE PEOPLE WHO RULED THE SCHOOL FOR ONE YEAR. [ LAUGHTER ] BUT WE'RE ALREADY EXCITED ABOUT GOING THERE. WE'RE ALL REALLY NERVOUS. WE KNOW SOME OF THE KIDS THERE BECAUSE THEY'VE BEEN TO SANCHEZ, BUT WE'RE REALLY EXCITED, AND WE CAN'T WAIT UNTIL SCHOOL STARTS. [ APPLAUSE ] OH, AND THIS YEAR -- LAST YEAR, SANCHEZ WAS A RECOGNIZED THIS SCHOOL. AND THIS YEAR, WE MADE EXEMPLARY. [ APPLAUSE ]

AND AT 6:00, -- IT'S 6:00, AND WE SHOULD BE BACK HERE AS SOON AS WE FINISH OUR EXECUTIVE SESSION. DO WE HAVE SOMETHING ELSE? PICTURES OF THE WHOLE FAMILY, YEAH. THANK YOU SO MUCH FOR BEING HERE AND JOINING US FOR THIS SESSION. [ APPLAUSE ] [ ADJOURNED FOR EXECUTIVE SESSION AT 6:58 P.M. ] 5:58 P.M. 6:36 P.M. THIS IS A BRIEF PLAN. THEN WE HAVE THREE PUBLIC HEARINGS THAT WE THINK WE CAN MOVE THROUGH QUICKLY. AND THEN WE WILL GO TO STRATUS ITEMS. THERE BEING A QAR RUM OF THE COUNCIL IN THE CHAMBERS, I WILL CALL BACK TO ORDER AND SOME OF YOU THAT ARE STANDING NEXT TO THE COUNCIL MEMBERS, IF YOU COULD MOVE. WE WILL MOVE TO ITEM NUMBER 76, WHICH IS DISCUSSION AND POSSIBLE ACTION REGARDING THE CLOSURE OF THE PLANT. I RECOGNIZE COUNCIL MEMBER ALVAREZ.

THANK YOU, MAYOR. AND WE WANTED TO PUT UP F CONSIDERATION OF THE COUNCIL THIS ISSUE THAT'S BEEN IN THE PRESS THIS WEEK ABOUT A REVISED CLOSURE PLAN FOR HOLLEY POWER PLANT, AND IT REALLY IT DEALS WITH THE ISSUE OF CLOSURE OF UNITS ONE AND TWO, WHICH ARE THE OLDER UNITS BUILT IN 1964, AND ORIGINALLY IN '95, THE COUNCIL HAD PASSED A RESOLUTION THAT REQUIRED THE PHASED CLOSURE OF THE LAST TWO UNITS, 2005, DUE TO ANTICIPATED GROWTH, BUT A LACK OF GENERATION OF CAPACITY IN THE STATE, THOSE PLANTS HAD TO BE MAINTAINED. SO WITH THE DIFFERENT THINGS THAT HAVE OCCURRED IN THE ECONOMY OVER THE LAST YEAR OR TWO, WE'VE HAD TO REVISE OUR PLAN, AND WE WERE ABLE TO DETERMINE THAT IT WAS POSSIBLE TO CLOSE UNITS ONE AND TWO OF THE HOLLEY POWER PLANT BY THE END OF 2004, BASICALLY DECEMBER 31st, 2004. SINCE THE INITIAL CLOSURE PLAN WAS ADOPTED BY COUNCIL, THIS HAD BEEN SET AND STEPS HAD BEEN TAKEN TOWARD THE KOSURE OF HOLLEY BECAUSE THERE HAD TO BE A LOT OF IMPROVEMENTS TO THE TRANSMISSION SYSTEM AND TO DIFFERENT SUB STATIONS AND EQUIPMENT. AND THE PLAN, ITSELF, IN ORDER TO MAKE IT PHYSICALLY POSSIBLE IN ORDER TO TURN OFF THE HOLLEY POWER PLANT, AND SO WE HAVE, YOU KNOW, A LISTING OF ABOUT $300 MILLION THAT'S ACTUALLY 1996, AND SO, BASICALLY, WE'RE AT A POINT THAT THE INFRASTRUCTURE IS IN PLACE TO ACTUALLY SHUT DOWN HOLLEY. WHAT WE NEED NOW IS TO FIND THE GENERATION TO REPLACE WHAT HOLLEY PRODUCES RIGHT NOW, WHICH IS 540 MEGAWATTS, AND THROUGH OUR PLANNING EFFORT AND THE PLANNING UNITS OF OUR UTILITY DEPARTMENT, WE'VE BEEN ABLE TO DETERMINE THAT IT'S POSSIBLE TO SHUT DOWN THE FIRST TWO UNITS BY THE END OF 2004, AND BASICALLY, AGAIN, THERE'S ALREADY STEPS BEING TAKEN TO MAKE SURE THAT THE CAPACITY IS ON-LINE FOR US TO BE ABLE TO DO THAT AT THAT PARTICULAR TIME. AND SO THAT'S BASICALLY WHAT'S ON THE TABLE FOR CONSIDERATION BY THE COUNCIL, AND I GUESS WE'RE GOING TO HEAR MORE.

I DON'T KNOW IF THERE'S THAT PRESENTATION. THERE IS A CHART UP THERE THAT SHOWS HOW IT IS THAT THE FACILITY IS ABLE TO DO IT, AND LIKE THE COUNCIL MEMBER SAID, THE KEY TO US BEING ABLE TO CLOSE UNITS ONE AND TWO IS THAT WE HAVE BROUGHT SOME GENERATING CAPACITY ON-LINE, AND TALKING ABOUT THOSE TWO UNITS AND WE WILL BRING ADDITIONAL GENERATING CAPACITY. YOU MIGHT WANT TO TALK ABOUT IT. WE WILL GO TO THE PUBLIC SPEAKERS.

AS YOU KNOW, WE ARE RIGHT NOW UNDER CONSTRUCTION AT THE VAN HILL FACILITY. WE WILL BE ADDING 300 MEGAWATTS OF POWER. WE PREVIOUSLY ADDED 180 MEGAWATTS OF POWER, PEAKING POWER, WHICH IS RIGHT NOW OPERATIONAL. THE 300 MEGAWATT PLANT CAN BE EXPANDED AN ADDITIONAL 200 MEGAWATTS. WE ARE QUITE COMFORTABLE IN RECOMMENDING TO CITY COUNCIL THAT WE CAN ACCOMMODATE THIS ACTION AND RECOMMEND IT.

Mayor: THANK YOU. SPEAKERS, ANN THOMPSON AND FOLLOWING MISS THOMPSON IS AARON ROGERS, WHO IS REGISTERED TO WISH TO SPEAK, AND THEN JENNIFER BALKAN WISHES TO SPEAK SAYING THAT SHE IS FO CLOSING THE HOLLEY PLANT, AND DANA PLANTON NOT WISHING TO SPEAK AND SAYING THAT WE SHOULD CLOSE THE HOLLEY STREET PLANT, AND CONNIE SIEGEL WISHING TO SPEAK TO CLOSE THE HOLLEY PLANT, AND THEN WE HAVE MISS THOMPSON. WELCOME.

THANKS A LOT FOR DOING THIS. I THINK THAT COUNCIL'S HAD A COUPLE OF FALSE STARTS ON THIS WHERE YOU PROMISED PEOPLE BEFORE THAT YOU WOULD DO THIS, AND THEN YOU KIND OF WENT BACK ON YOUR WORD A LITTLE BIT, AND NOW YOU'RE COMING UP TO SPEED AGAIN SO WE HOPE THAT THIS IS NOT ANOTHER FALSE START BECAUSE IT'S REALLY NEEDS TO BE DONE, AND I KNOW A LOT OF YOU ALL HAVE HEARD ABOUT THE TANK FARMS THAT WERE IN EAST AUSTIN AND THAT WERE CLOSED AND THE PEOPLE AROUND THEM, HOW THEY WERE ILL AND THE CLEANUP THAT'S STILL HAPPENING AND THE LITTLE CHURCH THAT WANTS TO BE THERE AND CAN'T GET ANYBODY TO CLEAN UP, AND THE POWER PLANT IS THE SAME. THE POWER PLANT IS NOT GOOD FOR THE WATER. THE POWER PLANT IS NOT GOOD FOR THE PEOPLE. IT'S NOT GOOD FOR THE REST OF US WHO HAVE A COMMUNITY THAT'S ILL, AND FOR US TO HAVE PEOPLE THAT LIVE IN THAT AREA THAT COME BEFORE YOU TIME AFTER TIME AND SAY, PLEASE HELP US AND CLOSE THIS POWER PLANT, AND THEN TO TURN A DEAF EAR. SO I'M REALLY HOPING THAT THIS TIME THAT YOU ALL WILL FIND A WAY TO DO IT BECAUSE IF IT MEANS SHUTTING DOWN A COUPLE OF LIGHTS IN PARKING LOTS FROM THOSE PLACES THAT DON'T HAVE ANY BUSINESS ON THE WEEKEND, LIKE A BANK PARKING LOT OR SOMETHING LIKE THAT, THERE'S GOT TO BE A WAY FOR TO US CUT CORNERS TO BE ABLE TO SAY NO. WE DON'T NEED THIS POWER FROM HOLLEY, AND IF THERE ISN'T, THEN WE NEED TO JUST DO SOMETHING DIFFERENT. WE NEED TO JUST SAY, WE'RE GOING TO FIND A WAY BECAUSE WE HAVE HOLLEY THERE AS BACKUP AND AS LONG AS WE HAVE THAT AND SAY THAT IT'S GOING TO BE THERE, WE'RE GOING TO USE IT. SO WE JUST NEED TO SAY NO, AND THEN IF YOU ARE THE PEOPLE THAT NEED TO SAY, WELL, FIND AN ALTERNATE SOURCE, THEN I WANT YOU TO GET SOME NEIGHBORHOODS WORKING ON THE LIGHTS IN THEIR COMMUNITY THAT THEY CAN TURN OUT, AND I WANT YOU TO ASK PEOPLE IN THE COMMUNITY, WHICH STREET LIGHTS WOULD THEY BE WILLING TO PUT UP WITH AND STILL HAVE ENOUGH LIGHTS FOR SECURITY BECAUSE I THINK THAT A LOT OF PEOPLE IN THE CITY OF AUSTIN WOULD BE WILLING TO WORK WITH YOU ON THIS BECAUSE HOLLEY IS NOT HEALTHY. IT'S CAUSING A LOT OF PROBLEMS FOR PEOPLE, AND I KNOW THAT YOU ALL KNOW THIS, AND THAT'S WHAT THE SAD THING IS. IS THAT YOU KNOW IT, AND WE STILL HAVE IT. AND I JUST WANT YOU TO STOP IT AND CLOSE IT NOW.

Mayor: THANK YOU, MISS THOMPSON. [ APPLAUSE ] DEANNA DIVINE, IS SHE HERE? TO CLOSE IT. KURT MITCHELL, KURT MITCHELL. KEEP OUR PROMISE, CLOSE IT. WHEN YOU SIGN UP TO SPEAK, YOU NEED TO BE HERE.

THANK YOU, MR. MAYOR. I WAS A LITTLE OUT OF TOUCH. I LOST A SHOE ON THE WAY IN.

Mayor: WE WILL ACCEPT YOUR APOLOGY.

I'M REALLY TIRED OF THE PATTERN, THAT I WAS SO TIRED OF IT THAT I RAN FOR OFFICE. I AM TIRED OF THIS CITY MAKING PROMISES AND NOT KEEPING THEM. WE PROMISED AN IMPORTANT PART OF THE COMMUNITY, NO LESS IMPORTANT THAN MY PART OR YOUR PART OR ANYONE ELSE'S PART, THAT WE WOULD DO SOMETHING THAT WAS ONLY RIGHT AFTER YEARS OF INJUSTICE IN THEIR NEIGHBORHOOD. AND IT'S TIME TO DO SOMETHING. WHAT HAS TO BE DONE IS NOW THAT WE HAVE A SLOWDOWN IN THE ECONOMY, TAKE ADVANTAGE OF THIS OPPORTUNITY WHICH WILL INEVITABLY LEAD TO REDUCED ELECTRICITY DEMAND, AND IF IT DOESN'T, THEN WE'RE DOING SOMETHING WRONG WITH THE CONSERVATION, AND PLAN FOR THE MOST RAPID PHASE-OUT OF HOLLEY THAT CAN BE DONE, AND I WOULD EMPHASIZE CONSERVATION AS A WAY TO GET THERE. WE'RE DOING A TERRIBLE JOB OF IT. WE DO THINGS LIKE WE GIVE SUBSIDIES FOR AVERAGE NEW AIR CONDITIONERS. WHEN, IN TRUTH, YOU DON'T HAVE TO HAVE AN AIR CONDITIONER, BUT IF YOU HAVE ONE, YOU SHOULD BE SUBSIDIZED FOR THE MOST FABULOUS ONE MADE. THINGS LIKE THAT SHOULD BE DONE MORE OFTEN. WE SHOULD TAKE INCENTIVES FOR SUBURBAN SPRAWL, INCENTIVES FOR NOT VERY EFFICIENT ELECTRICAL SYSTEMS, LIKE AIR CONDITIONING, TAKE ALL OF THOSE OFF THE TABLE. THEREBY, YOU KNOW, GETTING A GRIP ON OUR ELECTRICITY DEMAND AND BECOME A CONSERVATION-MINDED CITY AS THE PUBLIC SEEMS TO WANT, AND I'M LOOKING FORWARD TO SEEING THAT DAY, AND I HOPE THAT EVERYONE SWITCHES OVER TO AUSTIN'S GREEN ENERGY CHOICE IN THE PROCESS, AND LET'S KEEP OUR PROMISE TO EAST AUSTIN. LET'S CLOSE THE PLANT AT THE EARLIEST POSSIBLE TIME, AND I DO NOT THINK ANOTHER 3, 5, 7 YEARS IS FAIR. [ APPLAUSE ]

Mayor: THANK YOU, MR. MITCHELL. ROBERT SINGLETON, AND FOLLOWING MR. SINGLETON IS MISS LEWIS. WELCOME, SIR.

DON'T PICK UP ON KURT FOR NOT BEING READY TO SPEAK TO CALL. THE COUNCIL DOESN'T HAVE A FEW GOOD RECORD IN THE LAST FEW WEEKS IN ALLOWING PEOPLE TO SPEAK, AND WHAT YOU'RE ABOUT TO DO TO US IN STRATUS IS PROOF OF THAT.

Mayor: ON THE ISSUE.

THE TIMETABLE FOR CLOSING HOLLEY JUST COMPLETELY IGNORES CONSERVATION. AS SOMEONE WHO LIVES IN EAST AUSTIN AND DOES NOT HAVE AIR CONDITIONING, IT ANNOYS ME THAT THE PLANT WILL BE OPEN TWO YEARS LONGER THAN IT SHOULD BE BECAUSE OTHER PEOPLE IN USA AREN'T RUNNING THEIR AIR CONDITIONERS ALL THE TIME. IT SAYS IN CITIES WHERE EVERYONE IS RUNNING THEIR AIR CONDITIONING, THE TEMPERATURE CAN ACTUALLY RISE 2 DEGREES FROM THE EXHAUST FROM THE AIR CONDITIONERS, WHICH, YOU KNOW, IS REAL ANNOYING TO THOSE OF US WHO DON'T HAVE ONE. ALSO REAL ANNOYING THAT THE SUMMERS ARE GETTING HOTTER BECAUSE OF THE SUV DRIVERS, TOO BURNING ALL OF THAT FUEL. I DON'T HAVE ONE OF THOSE EITHER. WHAT I'M SAYING IS, GLAD YOU'RE CLOSING IT. DO IT SOONER. LET'S GET SOME CONSERVATION MEASURES GOING TO PEOPLE WHO CAN'T GET IT DONE SOONER THAN THAT. IF THE ONLY THING KEEPING IT OPEN RIGHT NOW IS THE GENERATION NEEDS THAT WE NEED TO ADDRESS, THEN WE NEED TO ADDRESS USAGE. WE NEED TO LOOK AT THAT SIDE OF THE EQUATION, TOO, AND SEE IF WE CAN'T FIND INCENTIVES. PAY PEOPLE WHO DON'T HAVE AIR CONDITIONING, AND THEN MAYBE OTHER PEOPLE WOULD MOVE THIS WAY. IT'S REALLY NOT THAT BAD. I MADE IT THROUGH 14 OR 15 SUMMERS NOW IN AUSTIN, AND THE LAST 5 OR 6 OF THEM DIDN'T HAVE AIR CONDITIONING, AND IT'S REALLY NOT THAT BAD WHEN YOU GET USED TO IT. GET A COUPLE OF BOX FANS. GET A WINDOW FAN, AND YOU WILL BE FINE. WE NEED TO ENCOURAGE CONSERVATION. WE NEED TO CLOSE THE HOLY POWER PLANT SOONER. ALSO, I'M NOT TAKING MY FULL THREE MINUTES. IT'S PART OF MY PROGRAM, THE MAYOR WAS TALKING ABOUT THE VIRTUE OF BREVITY EARLIER. I WILL GIVE YOU BACK THE NEXT MINUTE AND 10 SECONDS.

Mayor: THANK YOU VERY MUCH. MR. LEWIS. [ APPLAUSE ] FOLLOWS MR. ST. LOUIS IS DAWN JONNIS, WHO IS NOT SPEAKING AND JUST SAYS CLOSE IT. CARLEY DILLARD, NOT SPEAKING AND JUST SAYS CLOSE THE PLANT, AND THEN MISS AMIGIO WILL HAVE SIX MINUTES.

WELCOME, MR. MAYOR. GOOD TO SEE YOU AGAIN AND OTHER FAMILIAR COUNCIL FACES, COUNCIL GOODMAN AND ALVAREZ. I WANT TO THANK MR. ALVAREZ FOR VOTING AGAINST STRATUS LAST WEEK. [ APPLAUSE ] WE REALLY APPRECIATE IT. IT'S A SHOT IN THE ARM. [ APPLAUSE ] THANKS TO ALL OF YOU OTHER COUNCIL MEMBERS, COUNSELOR DUNKERLY, MR. WYNN, MR. THOMAS, AND MR. SLUSHER OVER THERE. I VOTED AGAINST IT ON THE FAVOR OF SHUTTING IT DOWN, BUT SHUTTING IT DOWN ENTIRELY. NOT PIECE MILL, TWO BUILDINGS, TWO PARTS OF KNIT A COUPLE OF YEARS AND THEN SEVEN MORE YEARS FOR THE REST OF THE PLANT? I WOULD RATHER TALK ABOUT STRATUS, BUT HOLLEY HAS SOMETHING IN COMMON WITH STRATUS. THEY BOTH POLLUTE. WITH HOLLEY, WE GET AIR POLLUTION. WE HAVE TO LOOK TO THE CHILDREN FOR SYMPTOMS OF THIS. YOU HAVE TO LOOK TO CHILDREN WHO ARE BEGINNING TO SUFFER ASTHMA AND IN INCREDIBLE AMOUNTS. IT'S CAUSING ALARM IN THE PUBLIC HEALTH COMMUNITY. WHO IS GOING TO PAY FOR THIS? YOU HAVE A SITE THAT REALLY NEEDS TO BE SHUT DOWN. IT REALLY OUGHT TO BE SHUT DOWN, AND SEVERAL OF THOSE SPEAKERS HAVE BROUGHT UP ONE OF MY POINTS IS WHAT CAN WE DO TO ENCOURAGE CONSERVATION OF ELECTRICITY TO HASTEN THE SHUTDOWN OF HOLLEY? FOR EXAMPLE, THE CITY IS A BIG HAS BIG PROGRAMS FOR CONSERVATION. I RECENTLY TRIED TO UPGRADE MY AIR CONDITIONER, UNLIKE MR. SINGLETON, I NEED A LITTLE AIR. MY HOUSE DOESN'T GET TOO MUCH BREEZE. ANYWAY, IF YOU UPGRADE YOUR AIR CONDITIONER TO A MORE ENERGY-EFFICIENT MODEL, YOU CAN QUALIFY FOR A CITY REBATE IN SOME CASES. I HAVEN'T GOT MY REBATE YET, SO I DON'T WANT TO ENCOURAGE TOO MANY PEOPLE TO DO IT UNTIL THEY'RE SURE. ANYWAY, THE REBATES FOR WINDOW AIR CONDITIONERS ARE NOT AS GOOD AS THEY ARE FOR BIG SYSTEMS, BUT I WOULD ENCOURAGE THE COUNCIL TO LOOK INTO THIS POINT. TRY TO GET THAT ENERGY DEPARTMENT TO MAKE BETTER REBATES FOR PEOPLE WHO RELY ON WINDOW UNITS. THEY DON'T COST AS MUCH, AND THE PERCENTAGE, THEY COULD GET A $50 REBATE. IF YOU SPEND 400 OR 500 FOR A GOOD-SIZED AIR CONDITIONER TO COOL THE WHOLE HOUSE DOWN, YOU'RE GETTING 10%. ANY WAY, IF WE CAN DO THAT, AND IN MY CASE, I JUST HAD IT ON ABOUT A WEEK, AND IT APPEARS TO ME LIKE MY ELECTRIC METER NOW IS GOING DOWN SOMEWHERE BETWEEN 20 AND 30% A DAY. JUST WITH ONE APPLIANCE. NO TELLING WHAT WILL HAPPEN IF I GET A MORE ENERGY-EFFICIENT REFRIGERATOR. ANY WAY, WHAT I'M SAYING IS THE TOOLS ARE THERE. THE POLICY LEVERS ARE THERE, AND YOU CAN DO SOMETHING TO DO THIS. IF YOU CAN GET THAT ELECTRIC DEPARTMENT TO MOVE, IT WOULD BE A BIG HELP, I THINK, IN CONSERVATION, AND THEN YOU CAN SAY TO HOLLEY, WE DON'T NEED YOU. WE'RE SHUTTING YOU DOWN IN 2003. THANK YOU. [ APPLAUSE ]

Mayor: THANK YOU, MR. ST. LOUIS. SIR, YOU HAVE 6 MINUTES, AND FOLLOWING IS ANDREW MCKENNA, AND IF HE'S OUT IN THE HALLWAY, IF YOU WOULD ASK HIM TO COME IN. WELCOME.

GOOD EVENING, MAYOR AND COUNCIL MEN AND WOMEN. I'M WITH THE PEOPLE OF ORGANIZED IN DEFENSE OF EARTH AND HER RESOURCES. I'M HERE TO SAY THAT THE HOLLEY POWER PLANT IS A SITE OF ENVIRONMENTAL RACISM. WE ALL KNOW THE HISTORY OF THAT PLANT, AND WE KNOW THAT THERE'S PEOPLE LIVING NEXT DOOR AROUND IT, BEHIND IT, THE CHILDREN PLAY WHERE ELECTRIC MAGNETIC FIELDS AT ONE TIME MEASURED THE HIGHEST POSSIBLE UNDER THE BASKETBALL COURT THERE. SO IT IS ENVIRONMENTAL RACISM, AND ALTHOUGH THIS COUNCIL IS NOT THE ONE THAT IS GUILTY OF PUTTING IT THERE, THIS COUNCIL HAS THE MEANS TO CHANGE IT, TO CHANGE WHAT IS HAPPENING IN OUR COMMUNITY. WHEN WE LOOK AT A 15-STORY BUILDING, IF YOU LOOK AT THE HOME AND YOU LOOK AT THE HOLLEY POWER PLANT, THERE'S ABSOLUTELY NO ONE LIVING AROUND. YET, WE ARE GOING TO SPEND MILLIONS OF DOLLARS SO IT WILL BE A BEAUTIFUL PLACE FOR THE BIKERS, JOGGERS, SOME DEVELOPMENT. YET, WE CAN'T DO THE SAME FOR EAST AUSTIN, FOR COMMUNITIES OF COLOR, FOR POOR PEOPLE AND THE WORKING PEOPLE. I THINK THAT REFLECTS SO BADLY ON AUSTIN, WHICH IS SUPPOSED TO BE A VERY LIBERAL, CONSCIOUS CITY. I WANT TO THANK THE MAYOR, COUNCIL MEMBER ALVAREZ AND DANNY THOMAS FOR AT LEAST TRYING TO MAKE THE EFFORT FOR TRYING TO CLOSE THOSE TWO UNITS, BUT IT'S HARD FOR US BECAUSE AS YOU CAN RECALL SEVERAL YEARS BACK, A RESOLUTION WAS PASSED THAT THE TWO UNITS WOULD BE CLOSED DOWN, THE MOST NOISIEST ONES BY 1998, AND IT DID COMPLY. THOSE UNITS DID CLOSE BY DECEMBER 1998, BUT THEY WERE REOPENED IN 1999, A COUPLE OF MONTHS LATER, AND ALONG WITH THE COMMUNITY, FILED A TITLE 6 COMPLAINT WITH THE EPA ON ENVIRONMENTAL RACISM, AND WE HAD ALL THE STAFF. WE HAD EVERYTHING LINED UP. WHAT HAPPENED WAS EPA ERRED BECAUSE IN ORDER TO DO A TITLE 6 COMPLAINT, THE CITY HAD TO BE RECEIVING EPA FUNDS. IT HAD TO BE CONNECTED. THE CITY WAS RECEIVING EPA FUNDS. THEY WERE RECEIVING BROWNFIELD MONEY, BUT WE HAVE A BUNCH OF IGNORANT PEOPLE UP IN EPA BECAUSE THE RULING WAS THAT THE CITY, ITSELF, DID NOT RECEIVE THE MONEY. THAT WASTE DEPARTMENT RECEIVED THAT MONEY. WELL, THEY NEED TO GO BACK TO GOVERNMENT CLASSES. BECAUSE BEFORE ANY GRANT MONEY COMES IN, THE CITY COUNCIL IS SORT OF THE CEO OF THE CITY, AND THEY HAVE TO APPROVE ANY OF THAT MONEY. THEREFORE, THAT MONEY DOES COME THROUGH THE CITY COUNCIL. LOW AND BEHOLD, THERE'S NO APPEALS PROCESS. THEY THEN WROTE US A LETTER SAYING, OOPS, WELL, WE ERRED. GUESS WHAT. THERE'S NOTHING WE CAN DO ABOUT IT. THERE'S NO APPEALS PROCESS IN THE TITLE 6 GUIDANCE. THAT'S WHAT THE ENVIRONMENTAL JUSTICE COMMUNITY HAS BEEN TRYING TO CHANGE IS THE LACK OF NOT HAVING AN APPEALS PROCESS IN MOST TITLE 6 COMPLAINTS, SO HERE WE ARE AGAIN. THE THING ABOUT CLOSING DOWN THE UNITS BY 2004, BUT WHAT WE WOULD REALLY LIKE TO SEE IS THE WHOLE THING BE CLOSED BY 2004 BECAUSE WHETHER THE COMMUNITY AT-LARGE KNOWS IT OR NOT, THAT FACILITY HAS A LOT OF ELECTRIC MAGNETIC FIELDS, A LOT MORE BECAUSE IT HAD A LOT OF 69 KILOWATT LINES RUNNING THROUGH IT, AND IT ALSO USED ONE TIME USED OIL. THAT WILL NOT BE USED ANY MORE. IT'S THE LARGEST STATIONARY EMISSIONS, AND WHEN THE STUDY WAS DONE IN 1996 ON NOISE POLLUTION, IT EXCEEDED THE STANDARDS SET BY HUD, SO PEOPLE ARE LIVING IN A LOT OF BAD CONDITIONS. IF YOU EVER HAD ANYONE SICK IN YOUR FAMILY OR LOVED ONES WITH CANCER, ANY KIND OF CANCER, YOU KNOW WHAT IT IS TO SUFFER AND TO SEE SOMEONE SUFFER, AND WE HAVE A LOT OF THAT IN THE COMMUNITY. YET, YOU KNOW, THIS CONTINUES TO BE THAT WE NEED THIS GENERATION, WHEN WE HAVE THE NEW SITE OUT THERE IN BURRSTON AND THE SITE UP THERE, AND ALL OF THESE DIFFERENT THINGS OUT THERE, YET, WE HAVE ALL OF THE TECHNOLOGY, AND FOR SOME REASON, WE CAN'T CLOSE HOLLEY, AND YOU KNOW TO ME, THAT DOESN'T SOUND LIKE IT'S REAL, AND IT'S NOT FAIR TO SAY BECAUSE YOU WANT TO CASH IN ON IT, WE SHOULD CONSTANTLY BURDEN. SO I ASK THAT THE RESOLUTION NOT BE A RESOLUTION BUT AN ORDINANCE, AND ONE OF THE THINGS I READ TODAY REGARDING THE STRATUS PROPERTY WAS A PROVISION CITING FINANCIAL PENALTIES IF FUTURE COUNCILS TRIED TO CHANGE THE DEAL. I WOULD LIKE TO SEE THAT IN THE HOLLEY POWER PLANT. I REALLY WOULD LIKE TO SEE THAT. [ APPLAUSE ] BECAUSE I'D LIKE TO HAVE AN ORDINANCE PASSED TO CLOSE IT DOWN, AND IF THE FUTURE COUNCIL SAYS, WELL, THAT WAS THE FUTURE COUNCIL -- PAST COUNCIL, WELL, YOU HAVE TO PAY FOR IT, AND WORSE THAN THAT, I WOULD LIKE TO SEE THEM GO TO JAIL. IT'S A CRIME AGAINST HUMANITY. I THINK SOMEBODY HAS TO SPEAK THE TRUTH HERE. THAT OUR COMMUNITY'S REALLY SUFFERING, AND THIS COUNCIL MADE GREAT STRIDES IN CLOSING DOWN THE TOXIC TANK FARM, CLOSING DOWN THE BFI. I THINK THAT'S HISTORY. THAT'S REALLY HISTORY BECAUSE OUR COMMUNITY HAS REALLY BEEN SUFFERING. WE HAVE 90% OF THE INDUSTRIAL FACILITIES. 30, 35% OF COMMERCIAL SERVICE, PAWN SHOPS AND LIQUOR STORES IN OUR COMMUNITY, AND HERE'S THE OTHER BIG MONSTER. IT'S TIME FOR US TO CLOSE DOWN THAT FRANKENSTEIN WORKSHOP THAT WE HAVE OUT THERE. IT DOESN'T BELONG, AND I THINK THAT THE COUNCIL HAS REALLY GOT TO LOOK AT THE HUMANNISTIC ASPECT AND FIND OTHER WAYS OF MAKING ITS MONEY AND CLOSE DOWN THE HOLLEY POWER PLANT. THANK YOU.

Mayor: THANK YOU. 7:00. [7:01 P.M.]

SHE AND HER ELDERLY MOTHER LIVES IN THAT NEIGHBORHOOD AND I KNOW SHE WOULD WANT TO CLOSE IT DOWN. I CAN'T REALLY SPEAK FOR HER, BUT I WILL CONVEY WHAT I THINK IS HER WISH ON THAT. BECAUSE OF THE BLATANT ENVIRONMENTAL RACISM, I THINK THIS IS A TEXTBOOK CASE. I THINK IT'S CLEAR THAT IT'S A GOOD IDEA TO CLOSE IT DOWN. I'M GLAD TO SEE YOU CONSIDERING IT. I CAN'T REALLY FOLLOW SUSANA ALMANZA ANY BETTER. BUT I'VE HEARD ABOUT THE FIRES, THE NOISE, THE LIGHT AND AIR POLLUTION. I'M NOT TOO AWAWR OF MANY SITES LIKE THAT. HOWEVER, I JUST LEARNED THERE IS A CHEMICAL PLANT IN MY NEIGHBORHOOD, HUNTINGTON'S ON NORTH LAMAR AND I UNDERSTAND IT MAY BE GRANDFATHERED AND I'M GOING TO LOOK INTO THAT BECAUSE WE SHOULDN'T BE HAVING EGREGIOUS POLLUTION THAT ISN'T NECESSARY. I SUPPORT THE SPEAKERS. I THINK WE SHOULD CLOSE HOLLY STREET DOWN AS SOON AS PBL ANDPOSSIBLE AND FIND ALTERNATIVE SOURCES. RIGHT-MINDED PEOPLE MIGHT DISAGREE, BUT I'VE YET TO HEAR ANY GOOD IDEAS WHY WE SHOULD KEEP IT OPEN. WHEN I LIVED ON SECOND STREET MYSELF, I WASN'T REALLY AWARE OF IT. ITIT SEEMS LIKE YOU HAVE TO COME DOWN TO CITY COUNCIL AND TALK TO THE ENVIRONMENTALISTS TO REALLY GET THE TRUE STORY BECAUSE IT'S HARD TO GET FROM THE PRESS. SO I'LL KEEP MY COMMENTS BRIEF TOOVMENT I WOULD IMMATERIALYOU TO LET ME SPEAK ON STRATUS. I THANK YOU, MR. MAYOR, AND I THINK YOU ARE A MAN OF YOUR WORDS. THANK YOU.

Mayor Garcia: FRANCES MARTINEZ. [APPLAUSE]

Mayor Garcia: FRANCES MARTINEZ. AND FOLLOWING MS. MARTINEZ IS GA VEENGAVINO FERNANDEZ.

YENG MAYOR AND CITY COUNCIL MEMBERS. I'M FRANCES GARCIA, A MEMBER OF EL CONCILO. TODAY I'M HEAR WITH THE HOL BEEY PLANT. IT'S BEEN HERE FOR MANY YEARS, AND MAYBE THROUGH NO FAULT OF YOURS, BUT I APPRECIATE MR. GARCIA AND MR. THOMAS TO CLOSE THE HOLLY STREET NOW. [SPEAKING IN SPANISH] I UNDERSTAND THAT THERE IS ALSO THE HOLLY NEIGHBORHOOD MONEYS THAT COULD BE USED AND SHOULD BE USED FOR A SENIOR ACTIVITY CENTER ALONG WITH A CHILD CARE CENTER. THIS IS SOMETHING THAT IS NEEDED VERY BADLY HERE IN EAST AUSTIN. AND I KNOW THAT IT WILL BE USED BY EVERYONE. RIGHT NOW I DON'T KNOW WHETHER WAS THE LAST TIME THAT THERE WAS A STUDY MADE ON THE MICHAEL MCNABB FIELD ON HOLLY STREET, BUT I WISH WE COULD GET THAT INFORMATION. AND THANK YOU FOR LISTENING AND PLEASE CLOSE THE HOLLY PLANT NOW. THANK YOU.

Mayor Garcia: THANK YOU, MS. MARTINEZ. [APPLAUSE]

Mayor Garcia: FOLLOWING MR. FERNANDEZ IS COMMISSIONER [INAUDIBLE]. WELCOME, SIR.

GOOD EVENING, MAYOR AND COUNCIL. I'M GAVINO FERNANDEZ WITH EL CONCILO AND MY FATHER LEAST TWO BLOCKS FROM THE HOLLY PLANT, WHICH IS AN AREA THAT I AS A CHILD CONGREGATED A LOT SINCE MY GRANDMOTHER RAISED ME. AND WE WERE ALWAYS UNFORTUNATELY HAVING TO ENDURE THE NOISE AND POLLUTION THAT OCCURRED SINCE ITS CONSTRUCTION. AND WHILE YOU MAY NOW SAY, WELL, WE DON'T BURN OIL ANYMORE, WELL, FOR 30 YEARS DUE. AND I THINK THAT IT'S -- I DON'T KNOW, AT THIS TIME I KIND OF FEEL LIKE BEING INVITED TO AN ENGAGEMENT PARTY THAT NEVER HAPPENED AGAIN. AND I THINK THAT WHAT NEEDS TO HAPPEN IS TO MAKE SURE THAT WE AS GOVERNMENT ILLUSTRATE OUR LEADERSHIP BY DOING THE RIGHT THINGS TO CORPORATE AMERICA. BECAUSE AS GOVERNMENT, WE ALWAYS ARE MORE RESTRICTIVE AND WANT TO BE MORE TIGHT FIST WITH CORPORATION AND BUSINESS, AS WE SHOULD. BUT WHEN IT COMES TO OURSELVES AS GOVERNMENT, WE TEND TO BE MORE LACKS AND TEND TO INTERPRET THINGS MUCH MORE DIFFERENTLY. IF THE HOLLY POWER PLANT WAS A PRIVATELY OWNED FACILITY, IT WOULD BE SHUT DOWN AS OF TEN YEARS AGO. I ALSO WANT TO REMIND YOU NOT TO WALK AWAY FROM THE HOLLY POWER PLANT BECAUSE ONCE AGAIN FOR 30 YEARS COMMUNITY PEOPLE THAT LIVE IN THAT COMMUNITY HAVE HAD THEIR HEALTH AFFECTED. THERE ARE STILL MANY ISSUES TO DEAL WITH WITH REGARDS TO THE HOLLY POWER PLANT AND ITS REPLACEMENT. WE ARE CONCERNED THAT JUST BECAUSE YOU ARE GOING TO SHUT DOWN THE PLANT, DOES NOT GIVE US OR YOU THE WINDOW TO BRING IN ADDITIONAL WIRES TO THIS FACILITY. WHEN WE WERE DISCUSSING THE DECOMMISSION OF THE HOLLY POWER PLANT, WE WERE TOLD WE'RE LOOKING AT GREEN SPACE AGAIN. BUT NOW AS THIS PROCESS IS MOVING ALONG, WE'RE SEEING A NEW TRANSFORMER COME IN, AND NOW WE'RE SEEING SIGNS OF ANOTHER BUILDING BEING BUILT ON THIS PART OF THE PROPERTY, AND, YOU KNOW, THAT IS NOT THE EXPECTATIONS THAT WE'RE LOOKING FOR AND THAT'S NOT THE EXPECTATIONS THAT THE TOWN LAKE COMPREHENSION PLAN SPEAKS TO. SO I GUESS IMPLORE YOU TO CONTINUE WORKING WITH US IN THE COMMUNITY REGARDING THE ISSUE OF THE POWER -- OF THE HOLLY POWER PLANT. THINK OUT OF THE BOX. CLOSE IT NOW. YOU KNOW IT'S COSTING YOU TOO MUCH TO BURN ENERGY GIVEN TODAY'S TECHNOLOGY. DO REINVEST IN RENEWABLE ENERGY. BECAUSE WE HAVE ADVOCATED THAT ALL ALONG TO REPLACE THE HOLLY POWER PLANT. WE KNOW THAT WHEN COMPANIES WERE LOOKING AT REPLACING THE HOLLY POWER PLANT- [BUZZER SOUNDING] -- IT CAME DOWN TO 25 CENTS A MONTH. THANK YOU, MAYOR.

Mayor Garcia: THANK YOU. COMMISSIONER DELEON, FOLLOWING IS -- COLIN CLARK IS NOT WISH TO GO SPEAK, REGISTERED IN FAVOR OF. SUSAN TATES, NOT WISH TO GO SPEAK. SHE SAYS THE POWER PLANT. STEWART WEBNER NOT WISH TO GO SPEAK. CLOSE THE PLANT. AFTER THE COMMISSIONER IS ROGER SOUTHERLAND, I THINK. COMMISSIONER, WELCOME.

THANK YOU VERY MUCH. AND CONGRATULATIONS TO THE NEW COUNCILMEMBERS. [INAUDIBLE] MAYOR, CITY MANAGER, COUNCILMEMBERS, WE'RE NOT HERE AS A COMMUNITY TO OBTAIN POWER OTHER THAN JUST CONTROL OF OUR LIVES. FOR 30 YEARS WE HAVE SUFFERED A LOT. YOU HAVE MITIGATION MONEY, AND MITIGATION MEANS DOING SOMETHING OF THE HARM SOMETHING HAS CAUSED. AND SOME OF THE MITIGATION MONEY NEEDS TO GO INTO THE COMMUNITY ITSELF MORE THAN IT HAS. YOU NEED TO CONTINUE TO MONITOR THE [INAUDIBLE] THAT ARE OCCURRING CURRENTLY NOW AND MAY IN THE FUTURE. EVERY DAY I LIVE SIX AND A HALF BLOCKS FROM THE PLANT ON CANTERBURY, AND I CAN ONLY FEEL OOPS FOR THOSE WHO LIVE REAL CLOSE TO IT. SOMETHING HAS TO BE DONE. YOU HAVE A RESOLUTION PASSED IN 1995 FOR 2005. I STRONGLY FEEL IT COULD BE OBTAINED BY 2005. IF NOT SOONER. AND THEN YOU WILL BE MAKING HISTORY, BECAUSE THE HISTORY WAS MADE IN THAT COMMUNITY IS VERY RACIST IN NATURE. VERY RACIST IN NATURE AND CLASS. YOU CAN CHANGE THAT. BUT IT TAKES GUTS TO DO THAT. IT TAKES TENACITY TO DO THAT. AND IT TAKES A VERY STRONG HUMAN BEING TO DO WHAT HIS OR HER HEART TELLS THEM TO DO. THAT'S DIFFICULT. I DO WANT TO THANK ALL THE PEOPLE IN AUSTIN WHO HAVE CALLED AND SUPPORTED US BECAUSE THIS IS NOT AN EAST AUSTIN ISSUE. THIS IS A AUSTIN, TEXAS ISSUE. THE WHOLE COMMUNITY SHARES IN THIS BURDEN. AND I UNDERSTAND THAT, AND TODAY MAYBE SOME DEMONSTRATION WILL SHOW TODAY THAT IT IS A COMMUNITY ISSUE, AND WE ARE ALL COMMUNITY. NOT JUST EAST AUSTIN. I WANT TO THANK THOSE WHO HAVE RESPONDED AND HAVE PUT THE PRESSURE. AND WE WILL CONTINUE TO COME HERE AND CONTINUE TO APPLY THE PRESSURE THAT WE AS CITIZENS NEED TO HAVE ON OUR COUNCILMEMBERS TO CLOSE THIS PLANT AND TO FIND ALTERNATIVE ENERGY AND TO FIND RENEWABLE ENERGY AND BEGIN CONSERVATION. BECAUSE YOU KNOW WHEN YOU -- [INAUDIBLE] BECAUSE YOU HAVE TO. YOU JUST DON'T HAVE THE BUCKS. SO WE'RE DOING IT ALREADY, SO WE WANT THE WHOLE COMMUNITY OF AUSTIN TO JOIN US AND CONSERVE ENERGY. AND FIND ALTERNATIVE ENERGY. THANK YOU VERY MUCH. [APPLAUSE]

Mayor Garcia: LELA PERRY. LELA PERRY. ROGER [INAUDIBLE]. FOLLOWING -- IF I DON'T PRONOUNCE YOUR LAST NAME CORRECTLY -- THE LAST SPEAKER IS BILL LUNCH.

MR. MAYOR, MEMBERS OF THE COUNCIL AND STAFF. I'M ROGER SUTT LEVMENT ER. I'M PROUD TO BE HERE TO QUOTE VICTOR HUGO WHO SAID THERE IS NOTHING SO POWERFUL IN THE WHOLE WORLD AS AN IDEA WHOSE TIME HAS COME T TIME HAS COME TO CLOSE THE HOLLY POWER PLANT. HERE IN AUSTIN THERE'S A BENIGN NEGLECT SEEMS TO EXIST WHEN IT COMES TO ANYTHING EAST OF I-35. MINORITY COMMUNITIES EXIST IN KIND OF A SHADOW WORLD WHERE THE NEEDS AND CONCERNS OF THE PEOPLE JUST DON'T SEEM TO COME TO THE ATTENTION OF THE POWERS THAT BE, MOST OF THE TIME. WHEN THEY ARE BROUGHT FORTH, AND INDEED THE CONCERNS OF OUR COMMUNITY SHOULD BE BROUGHT FORTH MORE BY THE MEDIA AND BY GOVERNMENT, PEOPLE OF GOOD MIND AND GOOD WILL WILL SUPPORT THESE CONCEPTS AND SUPPORT THESE PRINCIPLES, BUT MOST OF THE TIME WE ARE JUST NOT HEARD. IT TOOK YEARS TO CLOSE DOWN THE TANK FARM AND YEARS TO MOVE BFI AND IT SHOULDN'T HAVE. AND NOW IT SHOULDN'T TAKE A LONG TIME TO CLOSE DOWN THE PLANT BECAUSE ALL OF US HERE KNOWS THIS IS SOMETHING THAT NEEDS TO BE DON. IT IS LONG OVERDUE. AND I SALUTE THOSE WHO HAVE BROUGHT THIS ISSUE FORTH, AND I WANT TO ADD MY VOICE TO THE MANY VOICES. I KNOW IF YOU WERE TO POLL OR SPEAK TO PEOPLE IN AUSTIN THERE WOULD BE AN OVERWHELMING CONSENSUS THAT THE TIME HAS COME TO CLOSE THIS ARCHAIC PLANT, TO REPLACE IT WITH RENEWABLE ENERGY, TO GIVE TRUTH TO AUSTIN'S GREEN ENERGY PROGRAM AND MAKE IT SOMETHING THAT IS REAL AND NOT JUST WORDS. MY ANCESTOR CHIEF JOSEPH ONCE SAID I AM TIRED OF WORDS THAT COME TO NOTHING. IT IS TIME TO MAKE SURE THAT OUR WORDS DO NOT COME TO NOTHING AND THAT THE PLANT IS CLOSED AT THE EARLIEST POSSIBLE TIME. IT SHOULD BE DONE, AND IT MUST BE DONE. THANK YOU. [APPLAUSE]

Mayor Garcia: THANK YOU, ROGER. BILL BUNCH.

THANK YOU, MAYOR, MEMBERS OF THE COUNCIL. BILL BUNCH. I JUST WANT TO SPEAK IN FAVOR OF THE NEIGHBORHOODS. AND ALSO SPEAK IN SUPPORT OF THE SUGGESTION FROM MS. ALMANZA. I THINK IF THERE ARE PLEDGES MADE TO PROTECT NEIGHBORHOODS AND PROTECT THE ENVIRONMENT, AND THEY ARE BROKEN, THEN PERHAPS THE NEIGHBORS SHOULD BE COMPENSATED. IT CERTAINLY MAKES SENSE WHEN ON THE OTHER HAND TONIGHT WE'RE TALKING ABOUT PLEDGING TO PAY A DEVELOPER WHEN WE WANT TO PROTECT PUBLIC HEALTH AND THE ENVIRONMENT. SO IT SEEMS LIKE THERE OUGHT TO BE SOME PARODY HERE AND I THINK SHE HAS A GOOD IDEA, AND I WOULD LIKE TO SEE YOU ALL SERIOUSLY CONSIDER THAT. THANK YOU.

Mayor Garcia: THANK YOU, MR. BUNCH. [APPLAUSE] COUNCIL, THAT'S ALL THE SPEAKERS WE HAVE ON THIS ITEM. I WOULD ENTERTAIN A MOTION TO APPROVE ITEM NUMBER 76. COUNCILMEMBER ALVAREZ.

Alvarez: I MOVE APPROVAL.

Mayor Garcia: MOTION BY COUNCILMEMBER ALVAREZ. IS THERE A SECOND?

Thomas: SECOND.

Mayor Garcia: SECONDED BY COUNCILMEMBER THOMAS.

Mayor Garcia: DISCUSSION?

Thomas: YES, SIR.

Mayor Garcia: COUNCILMEMBER THOMAS.

Thomas: MAYOR, THERE WAS THINGS BROUGHT UP ABOUT THE MONEY, THE CHILD CARE, SENIOR CITIZENS CENTER, AND ALSO -- ARE WE ADDRESSING THOSE ISSUES AND THE FUNDS THAT ARE IN THE HOLLY MEDIATION?

MAYOR AND MEMBERS OF THE COUNCIL, THE ORIGINAL RESOLUTION CALLED FOR A FIVE-YEAR PLAN BE DEVELOPED. THE WAY WE HANDLED THAT IN THE PAST WAS TO INCLUDE THE MITIGATION FUNDS IN THE CAPITAL IMPROVEMENT PROGRAM, WHICH IS ESSENTIALLY A FIVE-YEAR PLAN. AT THE REQUEST OF THE CITY COUNCIL EARLIER THIS MONTH, WE HAVE INITIATED A PROJECT TO BRING BACK TO YOU A MORE FORMAL PROCESS WHERE ANNUALLY WE WILL GO TO THE COMMUNITY, SOLICIT PROPOSALS AND BRING YOU BACK A FIVE-YEAR PLAN AND THEN GIVE YOU ANNUAL AMENDMENTS AND REVISIONS, UPDATES THERETO. WE SHOULD HAVE -- CITY MANAGER HAS GIVEN US TO OCTOBER 1st TO FINISH THE PROCESS. FROM THERE ON WE HAVE UNTIL THE END OF THE YEAR TO BRING YOU BACK -- TO GO TO THE COMMUNITY AND THEN TO BRING YOU BACK THOSE REQUESTS THAT HAVE BEEN SUBMITTED IN THE FORM OF A PLAN.

Thomas: OKAY, THEN MAY WE MAKE THIS A RECORD AND ADD TO THOSE WHEN WE CAN WHEN WE GET TO THE COMMUNITY. ANOTHER QUESTION ABOUT A NEW BUILDING BEING CONSTRUCTED. WHAT IS THAT ABOUT?

THE -- IT'S A TEMPORARY OFFICE FACILITY. THE -- AS YOU ALL RECALL, THE OCTOBER 31st FIRE ACTUALLY DAMAGED BEYOND REALLY USE THE OFFICE FACILITIES THAT WERE WITHIN THE PLANT ITSELF. WE NEED SOME OFFICE SPACE TEMPORARILY FOR OUR OFFICE WORKERS THERE.

Thomas: OKAY. ANOTHER QUESTION, WE BROUGHT THIS UP AT A PRESS CONFERENCE. CAN -- AND I KNOW THIS IS TOUGH FOR TO YOU ANSWER TONIGHT, BUT IT'S SAID OVER AND OVER ABOUT CLOSING THE PLANT. AND I KNOW THAT WE NEED TO ASSURE THE CITIZENS IN THE HOLLY AREA THAT THOSE TWO, ONE AND TWO IN '04 ARE GOING TO BE SHUT DOWN. THERE WAS ANOTHER QUESTION ASKED ARE THEY GOING TO BE DISCONNECTED. AND I KNOW THAT'S GOING TO PUT YOU IN A SPOT, BUT I DO NEED TO KNOW.

EARLIER TODAY I ASKED THE STAFF WHAT WE COULD DO TO ASSURE THE COMMUNITY TECHNOLOGICALLY, THAT THEY WOULD BE ASSURED THAT IT WOULD NOT BE -- THOSE TWO WOULD NOT BE FIRED UP AGAIN. THERE ARE SOME MEASURES WE CAN TAKE WHICH WOULD MAKE IT IMPOSSIBLE TO FIRE THEM UP. WE WOULDN'T WANT TO REMOVE THE UNITS AT THIS TIME BECAUSE OF THE COST INVOLVED. YOU KNOW, AT ONE TIME. BUT THERE ARE SOME MEASURES THAT WE COULD TAKE THAT WOULD RENDER THEM INEFFECTIVE IN THE FUTURE.

Thomas: THE COST THAT'S INVOLVED, THAT'S STILL IN THE PROCESS OF WHAT YOU HAVE LAID OUT HERE AS FAR AS SAN HILL AND ALL OF THAT? THE FIGURES WE HAVE TODAY, THAT COST IS IS NOT IN THERE?

THAT'S AN ADDITIONAL $18 MILLION TO $20 MILLION, THAT WHEN WE SHUT EVERYTHING DOWN, WE EXPECT BASED ON TODAY'S COST IT WOULD COST TO YOU DECOMMISSION THE PLANT. IT'S A FAIRLY EXTENSIVE PROCESS. IF WE COULD, WE WOULD LOVE TO -- IF THEY ARE STILL SALVAGEABLE, WE WOULD LOVE TO SELL THEM.

Thomas: WE'RE GOING TO HAVE TO MAKE SURE THAT WE PUT THOSE MEASURES, THAT WE DON'T -- [INAUDIBLE] THAT WE DON'T --

WE INTEND, BELIEVE ME, COUNCILMEMBER, TO ABSOLUTELY HELP TO KEEP YOUR WORD, WE WILL DO EVERYTHING, WE WILL WORK TIRELESSLY TO MAKE SURE THAT HAPPENS. I WANT TO ASSURE THAT THIS PLANT IS DIFFERENT FROM PREVIOUS PLANS IN A NUMBER OF WAYS OOPS. NUMBER ONE, WE HAVE BEGUN ALREADY TO PUT THE INFRASTRUCTURE IN THE GROUND THAT ENABLES US TO SHUT DOWN HOLLY. THE MONEY IS IN THE BUDGET AND IN THE WORKS FOR THE FUTURE IMPROVEMENT THAT NEEDS TO BE DONE TO THE SYSTEM TO MAKE IT HAPPEN. AND THEN LASTLY, THE CITY COUNCIL DIRECTED US TO SET MONEYS ASIDE THAT MIGHT BE AVAILABLE FOR FUTURE USE FOR THIS VERY SPECIFIC PURPOSE. SO IT'S A MUCH MORE COMPLETE PLAN THAN YOU'VE EVER HAD.

Thomas: ONE MORE THING WE MIGHT NEED TO CLARIFY WHEN WE SAY IN THE BUDGET, CLARIFY THE MONEY IS ALREADY THERE.

THEY ARE ALREAD ALLOCATED FOR THIS SPECIFIC PURPOSE.

Thomas: THANK YOU.

Mayor Garcia: I JUST WANT TO MENTION ONE THING ABOUT CONSERVATION. YOU DON'T HAVE TO DO AWAY WITH -- TOTALLY DO AWAY WITH AIR CONDITIONING LIKE MR. SINGLETON INDICATED. YOU CAN RAISE YOUR THERMOSTAT TO A LEVEL THAT WILL KEEP YOU IN AIR CONDITIONING BUT WILL LOWER YOUR CONSUMPTION. ALSO, INSULATION. MORE ENERGY EFFICIENT UNITS. I KNOW THERE'S A LOT OF UNITS OUT THERE THAT ARE NOT ENERGY EFFICIENT, A LOT OF HOUSES THAT ARE NOT INSULATED, AND THE CITY HAS PROGRAMS TO HELP IN THE WEATHERIZATION AND OTHER INITIATIVES. THERE'S A WAY TO DO IT AND I HOPE THAT FOLKS OUT THERE TAKE ADVANTAGE OF THOSE OFFERS FROM THE CITY. ANYWAY, THANK YOU VERY MUCH. I HAVE A MOTION ALREADY. ALL IN FAVOR SIGNIFY BY SAYING AYE. OPPOSED, NO. MOTION CARRIES. AND THAT MOTION CARRIES ON A VOTE OF 7 TO ZERO. OKAY. WE HAVE SOME BRIEF PUBLIC HEARINGS. IF FIRST ONE IS TO CONDUCT A PUBLIC HEARING AND APPROVE -- 6:00 P.M. PUBLIC HEARINGS. CONDUCT A PUBLIC HEARING AND APPROVE ON FIRST READING ONLY THE APPLICATION SUBMITTED BY METRO CARE SERVICES, AUSTIN LP FOR A NON-EMERGENCY MEDICAL CLASSROOM FRANCHISE UNDER CHAPTER 63 OF THE CITY CODE. AND THIS IS RECOMMENDED BY THE AUSTIN-TRAVIS COUNTY E.M.S. ADVISORY BOARD.

GOOD EVENING, MAYOR AND COUNCIL. MY NAME IS HEATHER COX, I'M THE PRINCIPAL PAL PLANNER OF THE AUSTIN-TRAVIS COUNTY E.M.S. DEPARTMENT AND I'M HERE TO SPEAK ON BEHALF OF THE DEPARTMENT PRESENTING STAFF RECOMMENDATIONS IF THAT'S APPROPRIATE AT THIS TIME.

Mayor Garcia: IT IS.

THANK YOU. THE NON-EMERGENCY AMBULANCE COMPANIES PROVIDE TRANSFERS WITHIN THE CITY OF AUSTIN BETWEEN NURSING FACILITIES, HOSPITALS AND PRIVATE HOMES THAT ARE TYPICALLY PRESCHEDULED BY MEDICAL PERSONNEL, AND IN ORDER TO DO THESE SERVICES, THESE COMPANIES MUST HOLD A FRANCHISE FROM THE CITY OF AUSTIN. CURRENTLY TWO COMPANIES HOLD SUCH A FRANCHISE IN AUSTIN, AMERICAN MEDICAL RESPONSE, KNOWN AS AMR, AND GUARDIAN SERVICES. THE APPLICATION BEFORE YOU THIS EVENING WAS SUBMITTED JOINTLY BY GUARDIAN SERVICES, ONE OF THE CURRENT FRANCHISE HOLDERS, ALONG WITH METRO CARE E.M.S., A COMPANY BASED IN BEAUMONT. AND THIS APPLICATION REQUESTS A TRANSFER OF GUARDIAN'S CURRENT FRANCHISE TO A NEWLY FORMED COMPANY TO BE KNOWN AS METRO CARE SERVICES. IF THIS FRANCHISE IS AWARDED, GUARDIAN WILL RELINQUISH ITS FRANCHISE AND TURN ALL ITS ASSETS OVER TO METRO CARE SERVICES ALONG WITH ALL ITS EMPLOYEES T CURRENT GENERAL MANAGER AND MEDICAL DIRECTOR OF GUARDIAN WILL CONTINUE TO SERVE IN THOSE CAPACITIES FOR METRO CARE SO THIS TRANSFER SHOULD BE RELATIVELY SEAMLESS TO THE PUBLIC. THE NEW COMPANY WILL CONSIST OF METRO CARE EMS, WHICH WILL HOLD 60% OWNERSHIP DR. RHETT REED AND THERESA REED WILL HOLD OWNERSHIP AND HERBERT DEATON WILL HOLD 10% OWNERSHIP IN THE NEW COMPANY. STAFF IS RECOMMENDING APPROVAL OF THIS FRANCHISE TRANSFER BASED ON SEVERAL FACTORS. GUARDIAN HAS MAINTAINED ITS FRANCHISE IN GOOD STANDING FOR THE PAST FOUR YEARS WITH NO FORMAL COMPLAINTS RECEIVED BY AUSTIN-TRAVIS COUNTY E.M.S. THE NEW MAJORITY OWNER IN THE COMPANY, METRO CARE E.M.S. YOU, HAS A POSITIVE REPUTATION IN THE COMMUNITY IT CURRENTLY SERVES. IN ORDER TO DISRER FIE VERIFY THAT WE SURVEYED NURSING HOMES AND HOSPITALS AND SPOKE WITH THE BEAUMONT CHIEF IN THE AREA THEY CURRENTLY SERVE AND ASKED FOR RATINGS BASED ON MEDICAL CARE, PROFESSIONAL DEMEANOR AND ATTITUDE OF THE EMTs, PATIENT AND FAMILY SATISFACTION AND PROMPTNESS OF PRESCHEDULED TRANSFERS AND THEY RECEIVED A SATISFACTORY TO EXCELLENT ON ALL POINTS. WE CONDUCTED WITH THE OFFICIALS WHO REGULATE E.M.S. IN THIS AREA WHO CONFIRMED THAT METRO CARE E.M.S. HAS MAINTAINED ITS CERTIFICATION IN GOOD STANDING AND PROVIDES SATISFACTORY SERVICE IN THAT REGION. BASED ON ALL THESE ISSUES, WE FEEL THAT THE CURRENT PROPOSAL IN FRONT OF YOU SHOULD BE RECOMMENDED. BASED ON STAFF RECOMMENDATION, THE ADVISORY BOARD ALSO UNANIMOUSLY RECOMMENDED APPROVAL OF THIS FRANCHISE APPLICATION. WITH THAT, I'LL TURN IT OVER TO DR. REED, THE CURRENT MEDICAL DIRECTOR FOR GUARDIAN SERVICES AND ONE OF THE APPLICANTS TO SPEAK ON BEHALF OF THE APPLICANT.

THANK YOU, HEATHER. THANK YOU, MAYOR AND COUNCILMEMBERS. MY NAME IS RHETT REED, CURRENT MEDICAL DIRECTOR AND OWNER OF GUARDIAN SERVICES MUCH WE FORMED GUARDIAN SERVICES SIX YEARS AGO AND OUR GOAL HAS BEEN AND CONTINUES TO BE TO PROVIDE A QUALITY SERVICE TO THE AUSTIN COMMUNITY. WITH THE ADDITION OF METRO CARE AND STEVE DIAMOND AND HERB DEATON, WE'LL BE ABLE TO IMPROVE SERVICES. I WILL CONTINUE TO BE THE MEDICAL DIRECTOR AND ACTIVELY INVOLVED IN THE NEW SERVICE. WE ARE ANXIOUS AND EXCITED ABOUT THE CHANGES AND WE LOOK FORWARD TO YOUR CONTINUED SUPPORT. THANK YOU.

Mayor Garcia: THANK YOU, DRDDR. REED. THAT'S ALL THE SPEAKERS ON THIS ITEM. ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. MOTION AND SECOND. MOTION BY -- SECONDED BY WINN. ALL IN FAVOR SIGNIFY BY SAYING AYE. OPPOSED, NO. ARE THERE ANY QUESTIONS FOR THE STAFF, FOR E.M.S. OR FOR THE DOCTOR? COUNCILMEMBER WYNN. NO? OKAY. IF NOT, THIS IS UP FOR APPROVAL ON FIRST READING ONLY. I SUSPECT THAT THIS IS COMING UP FOR SECOND AND THIRD SOMETIME IN THE FIRST PART OF AUGUST. OKAY. IS THERE A MOTION ON THE -- ON THIS ITEM.

Wynn: MOVE APPROVAL.

Mayor Garcia: MOTION BY COUNCILMEMBER WYNN. I'LL SECOND THAT.

Slusher: MAYOR?

Mayor Garcia: COUNCILMEMBER SLUSHER.

Slusher: DIDN'T WE HAVE A PROPOSAL FOR A SIMILAR OPERATION COME THROUGH MAYBE A YEAR AGO AND IT WAS RECOMMENDED AGAINST BY THE STAFF AND WE TURNED IT DOWN?

THAT'S CORRECT. WE HAD A PROPOSAL FROM SOUTHERN CROSS ABOUT 18 MONTHS AGO TO BE A THIRD FRANCHISE PROVIDER IN THE COMMUNITY. AND THE DIFFERENCE HERE IS THAT THIS PROPOSAL WOULD BE A TRANSFER OF THE EXISTING FRANCHISE HELD BY GUARDIAN SERVICES TO A NEWLY FORMED COMPANY THAT GUARDIAN WILL ACTUALLY BE A PART OF. THEY ARE BASICALLY BEING BOUGHT OUT, IF YOU WILL, OR TAKEN OVER IF THIS PROPOSAL IS GRANTED. THE NEW COMPANY TO BE KNOWN AS METRO CARE WILL BE PARTIALLY OWNED BY GUARDIAN. YOU WILL STILL BE LEFT WITH TWO FRANCHISE PROVIDERS, MET CROW CARE, THE NEW APPLICANT, AND AMR. YOU WILL NOT HAVE A THIRD PROVIDER.

Slusher: SO THERE ARE NONE OF THE SAME ISSUES SO IT'S NOT GETTING INTO THE AREAS WHERE YOU RECOMMENDED AGAINST HAVING THE THIRD ONE?

EXACTLY. BECAUSE IN THAT QUAIS WE LOOKED AT MARKET SHARE AND JUST DETERMINED -- CASE WE LOOKED AT MARKET SHARE AND DETERMINED CALL VOLUME WAS NOT HIGH ENOUGH TO SUPPORT A THIRD PROVIDER. WE WERE CONCERNED ABOUT THE QUALITY OF CARE THAT WOULD BE LEFT IF WE HAD THREE PROVIDER IN THIS MARKET. BUT THIS IS JUST TO ALLOW THE CURRENT PROVIDER TO TRANSFER ITS FRANCHISE OVER TO A NEW COMPANY.

Slusher: OKAY. THANK YOU.

YOU ARE QUITE WELCOME.

Mayor Garcia: FURTHER QUESTIONS FOR STAFF? OKAY. ALL IN FAVOR SIGNIFY BY SAYING AYE. OPPOSED, NO. MOTION CARRIES ON A VOTE OF 6 TO ZERO TO 1 WITH COUNCILMEMBER ALVAREZ TEMPORARILY OFF THE DAIS. THAT'S FIRST READING, AND YOU CAN COMMUNICATE WITH OUR STAFF TO PUT IT ON THE AUGUST 1st FOR SECOND AND THIRD. UNLESS WE HAVE TO DO EACH READING SEPARATELY.

THE THIRD READING HAS TO BE AT LEAST 30 DAYS AFTER THE SECOND SO IT COULD BE ON AUGUST 22 RND.

Mayor Garcia:T 22.

Mayor Garcia: THANK YOU VERY MUCH. THE NEXT PUBLIC HEARING IS CONDUCT A PUBLIC HEARING AND CONSIDER A VARIANCE REQUEST TO ALLOW CONSTRUCTION OF A RESIDENTIAL CONDOMINIUM IN THE ECONOMIST EXISTING 100 AND 25-YEAR FLOODPLAINS AT HANCOCK BRANCH AND 1605 HOUSTON STREET. I DON'T KNOW WHO IS PUTTING UP. OKAY. THERE YOU ARE.

GOOD EVENING, MAYOR, COUNCILMEMBERS. I'M DAVID WALKER WITH WATERSHED PROTECTION DEPARTMENT HERE TO PRESENTED ON ITEM 81. TO ALLOW A RESIDENTIAL CONDOMINIUM IN THE EXISTING 100-YEAR AND 25-YEAR FLOODPLAINS. THE APPLICANT IS LUMAS AUSTIN, INC. ON BEHALF OF THE PROPERTY OWNER [INAUDIBLE]. THEY SUBMITTED A SITE PLAN APPLICATION FOR CONSTRUCTION OF THE RESIDENTIAL CONDOMINIUM. AND THE -- IT'S A LITTLE COMPLICATED. MAYBE I'LL TRY TO EXPLAIN IN PLAIN ENGLISH T SITE IS ON HOUSTON BETWEEN BURNET ROAD AND MCCALLUM HIGH SCHOOL. IT'S ON THE FEMA FLOOD PLAIN MAPS, ENTIRELY WITHIN THE 100-YEAR FLOOD PLAIN. IN THE FEMA MAP IT EXTENDS ON HOUSTON STREET, VERY SHALLOW. THE APPLICANT HAS PROVIDED ADDITIONAL INFORMATION THAT INDICATES THAT USING THE FEMA INFORMATION BUT WITH DIFFERENT TOPOGRAPHIC INFORMATION, THE 100-YEAR FLOOD PLAIN IS QUITE A BIT NARROWER THAT INDICATED ON THE SFEEM MA FEMA MAPS. INN THEY WOULD ALSO PROPOSE TO DO CHANNEL IMPROVEMENTS THROUGH THE SITETETE AND DO SOME BALcCE CUT AND FILL.G AND THR THESE oo SOMETHING IS WRONG WITH THE T.V. SET. IS THAT SOMETHING WE'RE GOING TO CORRECT? THERE YOU SO ALL THE 10/on OR 15 PEOPLE WATCHING ONn T.V. CAN --!?o !xjjGHTER]occRONG, BUT AHEAD

WERE

THE -VEMENTS, THE BUILDINGS AND THE PARKING AREA WOULD BE ENTIRELY REMOVED FROM BOTH THE 25 AND 100-YEAR FLOOD PLAIN AND WOULD ESSENTIALLY BE COMPLIANT WITH THE FLOOD PLAIN REGULATIONS. WE FEEL LIKE IT'S A BENEFIT TO THE APPLICANT BECAUSE OBVIOUSLY THEY WOULD BE ABLE TO DEVELOP THEIR SITE. IT'S A BENEFIT TO TO THE CITY BECAUSE OF CONDITION OF THE VARIANCE THE APPLICANT WOULD AGREE TO PROCESS ALL NECESSARY APPROVALS TO FEMA TO GET OUR FLOOD PLAIN MAPS AMENDED AND UPDATED. IT'S A BENEFIT TO THE SURROUNDING PROPERTY OWNERS BECAUSE THE SITE IMPROVEMENTS WOULD LOWER FLOOD PLAIN ELEVATIONS ON SOME OF THE SURROUNDING PROPERTIES THAT ARE CURRENTLY SUBJECT TO FLOOD PLAIN MANAGEMENT REGULATIONS AND REQUIREMENTS FOR FLOOD INSURANCE. THE APPLICANT IS ALSO HERE AND PREPARED TO MAKE PRESENTATION IF COUNCIL WOULD LIKE.

Mayor Garcia: FIRST I'LL ASK THE COUNCIL IF THEY HAVE ANY QUESTIONS ON THIS. OF YOU.

THAT CONCLUDES MY PRESENTATION.

Mayor Garcia: WHAT'S THE HISTORY ON THIS PARTICULAR TRACT? HAS THERE BEEN ANY FLOODING IN THE LAST FEW YEARS, PARTICULARLY STARTING WITH THE '81 FLOODS THAT FLOODED SHOAL CREEK AND ... DO WE KNOW?

MOST RECENTLY IN NOVEMBER 2001 FLOOD WE HAD SOME FLOODING. DID NOT GET ON TO THE PARTICULAR SITE. I WASN'T THERE PERSONALLY TO WITNESS IT, BUT MY UNDERSTANDING IS THAT -- I'LL GO OVER TO THIS EXHIBIT HERE.

Mayor Garcia: YOU CAN GET THAT OTHER MIKE THAT'S OVER HERE SO THAT YOU DON'T HAVE TO BE HOLDING THE MAP. THERE'S A MIKE RIGHT THERE. JUST PULL IT UP, YES.

IN THIS EXHIBIT, THIS IS HOUSTON STREET RIGHT HERE. THE MAIN BRANCH OF HANCOCK BRANCH WHICH COMES DOWN TO SHOAL CREEK IS FLOWING THROUGH HERE. THE SITE IS RIGHT HERE. THERE IS AN EXISTING COMPLEX, APARTMENT COMPLEX RIGHT HERE THAT'S IN THE MIDDLE OF THE FLOOD PLAIN. THE -- IN THE MOST RECENT FLOOD, NOVEMBER OF 2001, MY UNDERSTANDING IS THAT THE EXTENT OF THE FLOODING OVER HOUSTON STREET WAS ABOUT THIS WIDTH HERE. SO IT DIDN'T QUITE GET OVER THE SITE. AND PERSONALLY I DON'T HAVE KNOWLEDGE OF WHAT THE EXTENT OF THE FLOODING WAS ON THIS PARTICULAR SITE BACK IN 1981.

Mayor Garcia: IN THIS ONE, THAT APARTMENT PROJECT, HOW HIGH DID THE WATER GET?

IT DIDN'T GET INTO THE APARTMENT COMPLEX. IT FLOWED AROUND IT LIKE THIS. IT WAS SEVERAL FEET DEEP IN THE STREET IS WHAT I UNDERSTAND.

Mayor Garcia: OKAY. ALL RIGHT. FURTHER QUESTIONS? WE HAVE MR. STEVE [INAUDIBLE] DID I PRONOUNCE THAT CORRECTLY? STEVE VINKLARECH. YOU ARE SIGNED UP TO SPEAK ON THIS ONE.

THANK YOU, MAYOR. I'M TOM LUMAS. WE'RE THE ENGINEER FOR THIS PROJECT. I'LL BE BRIEF. THIS IS AN URBAN INFILL PROJECT. THE SITE IS COMPLETELY SURROUNDED BY SINGLE-FAMILY AND APARTMENT LAND USES. THE LOT HAS BEEN VACANT FOR YEARS. IT'S CURRENTLY OVERGROWN. IT IS ZONED MF 3 AND REQUIRES NO ZONING CHANGES. UNDER CURRENT CONDITIONS THE LOT IS ABOUT DURING THE 100-YEAR FLOOD ABOUT ONE FOOT UNDER WATER. IN ORDER TO REDUCE THE FLOOD PLAIN TUNE ALLOW CONSTRUCTION ON THE SITE, WE'RE ALLOWING A FLOOD RELIEF CHANNEL ALONG THE EASTERN BOUNDARY. THIS IS A 20-FOOT WIDE, APPROXIMATELY FIVE FOOT DEEP PATH WAY THAT LEADS TO HANCOCK BRANCH.

Mayor Garcia: CAN YOU POINT TO THAT ON THE MAP WHERE IT'S GOING TO BE? RIGHT THERE. OKAY.

DURING VERY EXTREME EVENTS, THIS WHAT WE'RE CALLING A FLOOD RELIEF CHANNEL PROVIDES ADDITIONAL CONVEYANCE ON HANCOCK BRANCH AND RESULTS IN A REDUCTION -- VARYING REDUCTION, BUT AS MUCH AS -- MORE THAN A FOOT AT THE TRACT. IT ELIMINATES -- IT REMOVES THE FLOOD PLAIN FROM THE LOCATION OF WHERE THE CONDOMINIUMS WOULD BE LOCATED. IN ADDITION, IT TAKES THE APARTMENT COMPLEX -- THAT'S THE OAK CREEK APARTMENTS. IT TAKES THEM ENTIRELY OUT OF THE 100-YEAR FLOOD PLAIN. IT'S IMPORTANT TO NOTE THAT THE VARIANCE THAT WE'RE ASKING FOR IS NOT TO ALLOW CONSTRUCTION OF THE CONDOMINIUMS IN THE FLOOD PLAIN. IT'S TO ALLOW CONSTRUCTION OF THE FLOOD RELIEF CHANNEL IN THE FLOOD PLAIN. THE PROPOSED LAND USE WILL INCLUDE LANDSCAPED OPEN SPACE IN THE FRONT. THERE ARE SEVERAL LARGE TREES, ALL OF WHICH WILL BE SAVED. WE'VE MET WITH PAT MURPHY AND THERE ARE NO TROUBLING ENVIRONMENTAL IMPLICATIONS ASSOCIATED WITH THIS PROJECT. I'M GOING TO LET STEVEN CLARK, HE'S THE OWNER, SPEAK FOR A MOMENT ON THIS.

Mayor Garcia: YOU HAVE ABOUT ONE MINUTE.

MAYOR AND COUNCILMEMBERS, THANK YOU FOR YOUR TIME GIVING US TO PRESENT THIS. I LIVE DOWN THE STREET AND MY HOME IS RIGHT IN THE NEIGHBORHOOD DOWN THE STREET FROM THIS SITE. AND I CAN'T TELL YOU HOW MANY TIMES I'VE DRIVEN BY THIS UNUSED, OVERGROWN LOT AND WONDERED IF WE COULD DO SOMETHING BENEFICIAL TO EVERYONE INVOLVED. THROUGH THE WORK WITH TOM AND THE ARCHITECTS, THE ARCHITECTS HAVE DEVELOPED A BEAUTIFUL DESIGN FOR OUR CONDOMINIUM ASSOCIATION AND WE LOOK FORWARD TO BUILDING IT. THE PAST TWO YEARS AIF BEEN TALKING-- I'VE BEEN TALKING WITH THE BRENTWOOD NEIGHBORHOOD ASSOCIATION, THEY HAVE NOTHING BUT POSITIVE THINGS TO SAY ABOUT OUR PROJECT. I'VE TALKED WITH ALL THE IMMEDIATE MULTI-FAMILIES ALONG WITH ALL THE SINGLE-FAMILIES AROUND US. NOBODY HAS ANY CONCERNS ABOUT WHAT WE'RE DOING. IT'S A WONDERFUL PROJECT. WE LOOK FORWARD TO BUILDING IT. WE'RE GLAD TO GET SUPPORT FROM STAFF AND ALL THE WONDERFUL SUPPORT WE'VE RECEIVED FROM THE NEIGHBORHOOD. [BUZZER SOUNDING] THANK YOU AND WE HOPE YOU WILL APPROVE OUR URBAN INFILL IN CENTRAL AUSTIN. THANK YOU.

Mayor Garcia: THANK YOU. COUNCIL, THAT'S ALL THE SPEAKERS WE HAVE. ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. MOTION BY COUNCILMEMBER SLUSHER.

Wynn: SECOND.

Mayor Garcia: SECONDED BY COUNCILMEMBER WYNN. ALL IN FAVOR SIGNIFY BY SAYING AYE. OPPOSED, NO. MOTION CARRIES ON A VOTE OF 6 TO 0 TO 1 WITH THE MAYOR PRO TEM TEMPORARILY OFF THE DESK. IS THIS A VARIANCE REQUEST TO ALLOW THE CONSTRUCTION OR BUILD THE CHANNEL?

YEAH, IT'S A -- AS WE INTERPRET IT, IT'S A VARIANCE TO ALLOW CONSTRUCTION OF A BUILDING. THE BUILDING IS PLACED ON FILL IN WHAT WOULD BE THE 100 YEAR AND 25-YEAR FLOOD PLAIN. AFTER CONSTRUCTION IT WILL BE REMOVED SO IT'S A MATTER OF INTERPRETATION. WE CONSIDER IT'S A VARIANCE TO ALLOW CONSTRUCTION IN THE FLOOD PLAIN.

Mayor Garcia: IS THE --

NOT OF THE CHANNEL.

Mayor Garcia:IST THE CONSTRUCTION OF THE CHANNEL A CONDITION TO THIS --

YES. YES. THE CONDITIONS INCLUDE THAT THEY WILL PROCESS ALL THE NECESSARY REVISIONS OF THE FLOOD PLAIN MAPS AND CONSTRUCT SITE IMPROVEMENTS INCLUDING THE CHANNEL AS THEY SHOW ON THEIR SITE PLAN.

Mayor Garcia: FURTHER QUESTIONS? COUNCILMEMBER WYNN.

Wynn: YOU MAY HAVE ANSWERED MY QUESTION. WILL THIS PROJECT REQUIRE A SITE PLAN?

YES.

Wynn: AND APPROVAL BY CITY STAFF ADMINISTRATIVELY?

YES WIN WITHIN REMIND ME --

Wynn: WHAT IS STAFF'S RECOMMENDATION?

TO APPROVE THIS REQUEST.

Mayor Garcia: WITH CONDITIONS.

WITH CONDITIONS.

Wynn: RIGHT. THANK YOU.

Mayor Garcia: COUNCILMEMBER SLUSHER.

Slusher: DID I UNDERSTAND RIGHT THAT THIS IS GOING TO GET SOME HOUSES IN THE -- SOME OF THE NEIGHBORS OUT OF THE 25-YEAR FLOOD PLAIN?

YES. YES. THIS WILL REVISE OUR FLOOD PLAIN MAPS AT THE MILK COONT'S COST AND REDUCE FLOOD PLAIN ELEVATION ON A NUMBER OF SURROUNDING PROPERTY.

Reporter: MEANING THERE MIGHT BE SOME PEOPLE WHO GET FLOODED NOW THAT WON'T IN THE FUTURE?

YES, AND WE'LL REDUCE FLOODING ON SURROUNDING PROPERTIES.

> Slusher: I WANT TO THANK THE GENTLEMEN WHO WORKED ON THIS PROJECT. THEY VISITED WITH ME AND YOU WORKED WELL WITH THE NEIGHBORS AND CITY STAFF. MOVE APPROVAL.

Mayor Garcia: MOTION BY COUNCILMEMBER SLUSHER TO APPROVE THE REQUEST THAT WILL ALLOW CONSTRUCTION OF A RESIDENTIAL CONDOMINIUM. SECONDED BY COUNCILMEMBER THOMAS. DISCUSSION? ALL IN FAVOR SIGNIFY BY SAYING AYE. OPPOSED, NO. MOTION CARRIES. I'M GLAD IT'S AN IN FILL PROJECT AND THAT IS AN AREA THAT CAN USE THAT KIND OF INFILL. IT'S CLOSE TO TOWN AND PEOPLE WHO LIVE THERE. HOW MANY UNITS?

[INAUDIBLE]

Mayor Garcia: 29. ITEM 83. CONDUCT A PUBLIC HEARING AND APPROVE AN ORDINANCE AMENDING SECTION 25-2-1406 OF THE CITY CODE TO ALLOW SPECIAL USES PROVIDED FOR UNDER THE NEIGHBORHOOD PLAN COMBINING DISTRICT REGULATIONS TO BE APPLIED DISTRICT-WIDE OR IN A DESIGNATED PORTION OF A DISTRICT. AND THERE YOU ARE.

GOOD EVENING, MAYOR AND COUNCIL. SUE HANSELL WITH NEIGHBORHOOD PLANNING AND ZONING DEPARTMENT. WE'RE HERE TONIGHT TO CONSIDER AN ORDINANCE AMENDMENT TO ALLOW SUBDISTRICTS FOR SMART GROWTH INFILL OPTIONS THAT ARE CURRENTLY ONLY NEIGHBORHOOD PLANNING AREA-WIDE. I WANTED TO GIVE YOU A LITTLE BIT OF BACKGROUND BEHIND THIS ITEM. LAST YEAR THE CENTRAL EAST AUSTIN NEIGHBORHOOD PLAN RECOMMENDED LOOKING AT ALLOWING SUBDRIFKTS SH DISTRICTS FOR SMART GROWTH INFILL OPTIONS. ALSO THE UPPER BOGGY NEIGHBORHOOD CREEK PLAN WAS LOOKING AT SUBDISTRICTS IN THAT AREA AND YOU WILL BE HEARING FROM THAT PLAN AND THEY ARE PROPOSING THREE SUBDISTRICTS WITHIN THAT PLAN. IN AUGUST OF LAST YEAR, THE PLANNING COMMISSION REQUESTED THAT STAFF STUDY THE POSSIBILITY OF SUBDISTRICTS. FOLLOWING THAT IN SEPTEMBER, THE CITY COUNCIL DIRECTED THE CITY MANAGER TO STUDY THE POSSIBILITY OF CREATING SUBDISTRICTS. IN SEPTEMBER, STAFF RESPONDED IN A MEMO DATED OF SEPTEMBER 26 OUTLINING THE OPPOSITION OF SUB DISTRICTS AND SOME OF THE CONCERNS INCLUDED SUBDISTRICTS COULD RESULT IN EXCLUSIONARY ZONING. THAT THE CURRENT INTERPRETATION OF INFILL OPTIONS PROMOTES HOUSING OPPORTUNITIES FOR A RANGE OF INCOMES THROUGHOUT THE CITY. AND THAT SUBDISTRICTS MAY LIMIT SMART HOUSING OPPORTUNITIES IN SOME AREAS OF THE CITY. AND FINALLY THAT CURRENT INFILL ORDINANCE PROMOTES A VARIETY OF INFILL OPTIONS AND DOES NOT MANDATE ACTUAL LAND USES. HOWEVER, THE MEMO ALSO STATED THAT IF SUBDISTRICTS WERE TO BE DEVELOPED, THAT STRONG CRITERIA WOULD HAVE TO BE DEVELOPED TO ENSURE THAT SCWLOOTION NEAR PRACTICES WOULD BE -- EXCLUSION ANTERIOR PRACTICES WOULD BE AVOIDED. IN JUNE THE PLANNING COMMISSION RECOMMENDED SMART GROWTH INFILL ORDINANCE BE AMENDED TO ALLOW FOR THE CREATION OF SUBDISTRICTS FOR SMALL LOT AMNESTY, URBAN HOMES, COTTAGE LOTS, SECONDARY APARTMENT AND CORNER STORE SPECIAL USES. HOWEVER, PROPOSED SUBDISTRICTS WOULD ALSO NEED TO MEET MINIMUM CRITERIA, AND THAT CRITERIA IS OUTLINED IN PAGE 2 OF YOUR BACKUP. WE'VE REVISED CRITERIA NUMBER 3 AND THAT INFORMATION HAS BEEN JUST PASSED OUT ON THE DAIS. AND ALSO THAT A NEIGHBORHOOD HOUSING STRATEGY WHICH IS CONSISTENT WITH THE NEIGHBORHOOD HOUSING AND COMMUNITY DEVELOPMENT GUIDELINES FOR EVALUATING FUTURE HOUSING OPPORTUNITIES IN A NEIGHBORHOOD PLAN ALSO BE LOOKED AT, AND THOSE GUIDELINES ARE IN DISBIBT B STAFF SES RECOMMENDATION IS PER THE MEMBER KNOW IN EXHIBIT A, STAFF HAS AND CONTINUES TO OPPOSE SUBDISTRICTS; HOWEVER, IF IT'S THE COUNCIL'S DESIRE TO ALLOW SUBDISTRICTS, THEN STAFF WOULD RECOMMEND ALLOWING SUBDISTRICTS FOR URBAN HOME, COTTAGE LOT, SECONDARY APARTMENT AND CORNER STORE SPECIAL USES, BUT WE WOULD NOT RECOMMEND SUBDISTRICTS FOR SMALL LOT AMNESTY AND WANT THAT TO REMAIN AREA-WIDE. SMALL LOT AMNESTY ONLY APPLIES TO EXISTING LEGAL LOTS THAT ARE SUBSTANDARD. AND THOSE ARE USUALLY SCATTERED THROUGHOUT THE NEIGHBORHOOD. AND THIS WOULD NOT INCREASE PERMITTED USES, BUT RATHER WOULD MAKE SINGLE-FAMILY USES ON PRE-EXISTING LOTS LEGAL AGAIN. STAFF HAS ALSO DEVELOPED A SET OF GUIDELINES AS NOTED EARLIER TO HELP DETERMINE THE APPROPRIATE CONFIGURATION AND LOCATION OF SUB DISTRICTS. AND THOSE GUIDELINES INCLUDING HAVING BOUNDARIES THAT ARE DETERMINED BY ROADWAYS, PHYSICAL FEATURES, ZONING BOUNDARIES OR PROPERTY LINES, AND ALSO THAT CONSIDERATION SHOULD BE GIVEN TO THE PRESENCE OF COVENANTS, DEED RESTRICTIONS OR PLAT NOTES AND TRADITIONAL NEIGHBORHOOD BOUNDARIES. ANOTHER GUIDE GUIDELINE IS SUBDISTRICTS CANNOT APPEAR TO BE BASED ON DEMOGRAPHICS ACTION INCOME, AGE OR RACE. THE THIRD GUIDELINE WHICH WE'VE REVISED SOMEWHAT SAYS THAT THE AREA OF THE SUBDISTRICT MUST BE LARGE ENOUGH TO AVOID INCONSISTENTEN AND FRAGMENTED APPLICATION OF THE SPECIAL USE, AND THAT GENERALLY AN INDIVIDUAL NEIGHBORHOOD PLANNING AREA CANNOT CONTAIN MORE THAN A TOTAL OF TWO TO FIVE SUBDISTRICTS. ANOTHER CRITERIA IS WHERE PERMITTED IMPERVIOUS COVER LEVELS WOULD INCREASE, THAT WE SHOULD CONSIDER WATERSHED CONDITIONS, INCLUDING FLOODING, EROSION, WATER QUALITY, THE STATE OF INFRASTRUCTURE, AS IDENTIFIED BY THE WATERSHED PROTECTION MASTER PLAN. ANOTHER CRITERIA IS CONSIDER URBAN DESIGN FEATURES SUCH AS THE PRESENCE OF HISTORIC STRUCTURES, THE TYPE OF ARCHITECTURE AND CURRENT DENSITY. ANOTHER GUIDELINE WOULD BE TO CONSIDER THE POTENTIAL FOR FUTURE INFILL OR REDEVELOPMENT BY IDENTIFYING VACANT AND UNDERUTILIZED PARCELS AND EVALUATING THE AGE AND CONDITION OF THE EXISTING HOUSING. AND FINALLY, TO CONSIDER THE IMPACTS ON HOUSING AFFORD BUILT. THAT CONCLUDES MY PRESENTATION.

Mayor Garcia: THANK YOU VERY MUCH. WE HAVE SOME SPEAKERS ON THIS ONE.HE COUNCIL IF THEY HAVE ANY QUESTIONS FOR STAFF. THANK YOU.

Thomas: MAYOR.

Mayor Garcia: COUNCILMEMBER THOMAS.

Thomas: CAN YOU CLARIFY WHY O O O O O O STAFF IS AGAINST -- YOU SAID AGAINST THE CITY HAVING THE SUBDISTRICTS, IN MORE DETAIL.

BASICALLY WE'RE STILL CONCERNED ABOUT THE POSSIBILITY OF EX CLUES ANTERIOR ZONING AND THE POCKET THAT HOUSING OPPORTUNITIES COULD BE LIMITED. THERE WAS A LOT OF DISCUSSION ABOUT THAT AT THE PLANNING COMMISSION LEVEL, AND WE LOOKED MORE CLOSELY AT THE CRITERIA, THE GUIDELINES. NEIGHBORHOOD PLANNING STAFF AND NEIGHBORHOOD HOUSING STAFF MET AND TALKED IN MORE DETAIL, AND TRIED TO DEVELOP GUIDELINES THAT WOULD MINIMIZE THE POTENTIAL FOR EXCLUSION ANTERIORARY PRACTICES, BUT WE STILL FEEL THERE'S THE POSSIBILITY FOR THAT.

Thomas: WHAT ARE THE NEIGHBORS SAYING ABOUT THE SUBDISTRICT THAT YOU KNOW OF.

IN GENERAL THE NEIGHBORHOODS HAVE WANTED THAT FLEXIBILITY TO HAVE SUBDISTRICTS.

Thomas: OKAY. THE NEIGHBORS DO?

CORRECT.

Thomas: OKAY. THANK YOU.

Mayor Garcia: FURTHER QUESTIONS FOR STAFF? MS. GLORIA RENTERIA. IS SHE HERE? IF NOT SHE SHE LEFT THE STATEMENT SAYING SHE IS FOR IT. A BIG ADVOCATE OF SUBDISTRICTS EAST CESAR CHAVEZ WILL HAVE DISTRICTS FOR THE INFILL [INAUDIBLE] IF THEY WERE AVAILABLE TO THE NEIGHBORHOODS FOR ZONING. WE DID CREATE DISTRICTS CALLED CORRIDORS TO CONTROL ZONING AND LAND USE CONDITIONS, BUT HAVEN'T [INAUDIBLE] THE PROCESS BY ONE YEAR BECACAFSTRICTS FOR THE INFILL WILL HAVELLOWED FOR [INAUDIBLE] AND COMPROMISE. ALSO SUBDISTRICTS ON ALLOW FOR THE ORIGINAL NEIGHBORHOODS I NEW LAh1REAS. LESLIE LAWSON. LESLIE LAWSON.uuuuuuuuuuING HER IS LAURA HOUSTON. THE LAST SPEAK@ STEVEN KREIGER.

GOOD EVENING, MAYOR. GOOD EVENING COUNCILMEMBERS. THE UPPER BOGGY CREEK PLANNING TEAM ON WHICH I A MEMBER STRONGLY SUPPORTS THEREATION OF SUBDISTRICTS FOR NEIGHBORHOOD PLANNING. THIS AMENDMENT REINFORCE THE DERLYING PRINCIPLES OF NEIGHBORHOOD PLANNING.XXXX SELF-DG WHAT IS FOR OUR OWN NEIGHBORHOODu7-7-7-7- HELPS USUT INFILLaaaaa IT'S APPROPRIATE AND WHERE IT'S POSSIBLE. THE UP YER BOGGYTHE UPPER BOGGY CREEK NEIGHBORHOOD IS WHY -- AT THE BEGINNING OF THE PROCESS OUR PLANNING TEAM PUT FORTH MONTHS TRYING TO HAMMER OUT THE DIFFERENCES BETWEEN FIVE NEIGHBORHOODS FROM BLACKLAND TO CHERRY WOOD TO DEL WOOD ONE AND TWO. OUR EXCEPTIONAL TEAM WAS ABLE TO COME UP WITH A COMPROMISE, BUT IT WAS A SERIES OF CONVERSATIONS THAT REALLY WEREN'T NECESSARY HAD SUBDISTRICTS BEEN AVAILABLE TO US. OUR PLANNING TEAM WAS FORCED TO MAKE A DECISION BETWEEN MAXIMIZING THE INFILL AVAILABLE TO US AND HOMEOWNER FLEXIBILITY, WHILE AT THE SAME TIME TRYING TO AVOID GENTRIFICATION AND ONE OF OUR MOST IMPOVERISHED AUSTIN NEIGHBORHOODS. WE WERE ABLE TO COME TO A COMPROMISE THAT WOULD HAVE BEEN MUCH EASIER HAD SUB DISTRICTS BEEN AVAILABLE. I STRONGLY ENCOURAGE YOU TO PASS THIS AMENDMENT TO THE CITY CODE. THANK YOU.

Mayor Garcia: THANK YOU, MS. LAWSON. [INAUDIBLE] HOUSTON, WELCOME, MS. HOUSTON. GOOD TO SEE YOU GOOD.

MAYOR, MEMBERS OF THE COUNCIL, I'M ORA HOUSTON. I LIVE IN BLACKLAND NEIGHBORHOOD ON EAST 22 STREET. LESLIE AND I WERE PREPARED TO SPOKE, BUT STEVEN IS HERE SO WE'LL LET HIM TAKE THE BRUNT OF THE TIME. I JUST WANT TO SAY AS MEMBERS OF THE NEIGHBORHOOD, OF THE UPPER BOGGY CREEK NEIGHBORHOOD, AND SPECIFICALLY BLACKLAND, WE'VE NOT BEEN ABLE TO SEE THE MOST RECENT DRAFTS THAT YOU ALL HAVE RECEIVED. SO LET ME SAY THAT WE SUPPORT SUBDISTRICTS, PERIOD. WE DON'T DON'T KNOWWE DON'T KNOW WHAT DID CRITERIA LOOKS LIKES, BUT WE DO SUPPORT THEM FOR THE ABILITY FOR NEIGHBORHOODS TO CONTROL THEIR DESTINY, TO CONTROL THE GROWTH IN THEIR AREA, AND TO BE VERY SENSITIVE TO THE WHOLE ISSUE OF GENERAL TI IF I INDICATION THAT WE -- JENT IF I INDICATION THAT WE HAVE EXPERIENCE. I APPRECIATE YOUR TIME TODAY AND I HOPE THAT YOU ALL WILL SUPPORT SUBDISTRICTS.

Mayor Garcia: THANK YOU, MS. HOUSTON. STEVEN? WELCOME, SIR.

MAYOR, COUNCILMEMBERS. MY NAME IS STEVEN KREIGER. I AM THE CHAIR OF THE UPPER BOGGY CREEK PLANNING TEAM. AND I THINK -- WE STARTED THIS BACK IN SEPTEMBER OF 2000, AND SO WE'RE KNOCKING ON THE DOOR OF TWO CAREERS. AND I THINK PROBABLY OUR PLANNING AREA WAS THE MOST DIVERSE, AT LEAST AT THE TIME WE STARTED, OF ANY OF THEM THAT HAVE BEEN CREATED. AS WE MOVED ALONG IN THE PROCESS, WE FOUND PARTICULARLY AROUND THE INFILL ITEMS THAT THEY DID NOT ALL FIT DEPENDING ON THE CHARACTER OF THE INDIVIDUAL NEIGHBORHOODS. WHEN WE ASKED CITY STAFF CAN WE DIVIDE THIS SOMEHOW THEY SAID NO, THERE WASN'T A MECHANISM FOR THAT. WE SAID WHY. I MEAN THIS IS NEIGHBORHOOD PLANNING. WE SHOULDN'T HAVE TO FORCE INFILL OPTIONS ON AREAS THAT DON'T WANT OR NEED THEM. WE WERE BASICALLY TOLD IT WAS AN ALL OR NOTHING THING. SO THEN WE KIND OF SAID, WELL, IF THAT'S THE WAY YOU ALL WANT IT TO BE, THEN YOU ARE LIABLE NOT TO GET ANY INFILL OPTIONS BECAUSE WE DON'T WANT TO FORCE THINGS ON NEIGHBORHOODS THAT DON'T WANT THEM. SO THEN WE STARTED TALKING TO SOME PLANNING COMMISSION FOLKS AND THEN SOME OF YOU FOLKS, COUNCILMEMBERS, AND WE DECIDED, WELL, MAYBE SUBDISTRICTS IS A CONCEPT THAT WE CAN MAKE WORK. SO WE WENT AHEAD WITH OUR PLAN USING SUBDISTRICTS, AND IT WORKED FINE. AND OF COURSE, WE URGE YOUR SUPPORT TO PASS THE SUBDISTRICT ORDINANCE. NOT JUST FOR OUR PLAN, BUT FOR ANY PLANS IN THE FUTURE. I UNDERSTAND FROM CITY STAFF THAT IN THE FUTURE THE PLANNING AREAS ARE GOING TO BE MUCH LARGER THAN OURS AND THE ONES IN THE PAST. SO YOU ARE GOING TO HAVE MORE DIVERSITY. SO THE ONE SIZE FITS ALL, I DON'T THINK IS GOING TO WORK VERY EFFECTIVELY. SO THE SUBDISTRICTS CAN ALLOW TRUE NEIGHBORHOOD PLANNING WITH THE TOOLS THAT ARE IN THE INFILL OPTION TOOLBOX, YOU CAN CUSTOMIZE YOUR INDIVIDUAL NEIGHBORHOODS THE WAY THEY NEED TO BE DONE. AND THAT'S WHAT WE WANT. ALSO DOWN THE ROAD IN FIVE YEARS, TEN YEARS, 15 REERS AS ALL THESE PLANS EVOLVE, THE INFILL OPTIONS WILL AGAIN BE A TOOL THAT INDIVIDUAL NEIGHBORHOODS WITHIN A PLANNING AREA CAN USE TO CUSTOMIZE THEIR AREAS. AND WE VERY STRONGLY SUGGEST THAT YOU PASS THIS. WE'RE VERY HAPPY WITH THE PLANNING COMMISSION'S SUPPORT OF IT, AND WE'RE VERY HAPPY WITH THE SUPPORT THAT WE'VE RECEIVED FROM YOU FOLKS THUS FAR, AND WE HOPE THAT YOU TAKE IT THE LAST STEP AND PASS IT. THANK YOU.

Mayor Garcia: THANK YOU VERY MUCH, STEVEN. [APPLAUSE]

Mayor Garcia: THAT'S ALL THE SPEAKERS THAT WE HAVE. I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. MOTION BY COUNCILMEMBER DUNKERLEY. SECONDED BY COUNCILMEMBER ALVAREZ. ALL IN FAVOR SIGNIFY BY SAYING AYE. OPPOSED, NO. MOTION CARRIES ON A VOTE OF 7 TO ZERO. QUESTIONS FOR STAFF? OR FOR ANY OF THE SPEAKERS? THIS IS AN ORDINANCE THAT AMENDS SECTION 25-2-1406 OF THE CITY CODE. SO I'LL ENTERTAIN A MOTION TO CONSIDER APPROVING THE ORDINANCE.

Goodman: I MOVE THAT ON ALL THREE READINGS.

Mayor Garcia: MOTION TO APPROVE ON ALL THREE READINGS. IS THERE A SECOND?

Thomas: SECOND.

Mayor Garcia: SECONDED BY COUNCILMEMBER THOMAS.

Alvarez: MAYOR, I DID HAVE ONE QUESTION.

Mayor Garcia: COUNCILMEMBER ALVAREZ.

Alvarez: IT HAS TO DO WITH THE SIZE ISSUE OF THE AREA THAT YOU CAN DEFINE AS A SUBDISTRICT, BECAUSE IN YOUR PROPOSED -- AT LEAST WHAT'S PROPOSED HERE IN THIS LIST OF CRITERIA IS AT LEAST ONE BLOCK OR LOT. AND SO THERE ISN'T LIKE A MINIMUM SIZE REQUIREMENT? BECAUSE IT SEEMS LIKE YOU CAN CREATE PRETTY SMALL SUBDISTRICTS.

THAT WAS THE WAY IT WAS WRITTEN ORIGINALLY AND WE PASSED ORND A AROUND A REVISION ON THE YELLOW PAPER. WE STRUGGLED WITH TRYING TO COME UP WITH A MINIMUM AREA PERCENTAGE OR MINIMUM NUMBER OF BLOCKS, SO INSTEAD OF THAT WE'VE PROPOSED TO LOOK AT A MAXIMUM TOTAL NUMBER OF SUBDISTRICTS IN GENERAL RATHER THAN A MINIMUM SIZE. AND SO INSTEAD WHAT WE'VE CALLED FOR AS A GUIDELINE JUST SAYING THAT SUBDISTRICTS CAN'T APPEAR TO BE INCONSISTENT I OR FRAGMENTED AND WE LOOK AT NO MORE THAN TWO TO FIVE PER NEIGHBORHOOD PLANNING AREA.

Alvarez: IN TERMS OF HOW THEY ARE CREATED, IS IT BY THE VOTE OF THE PROPERTY OWNERS OR HOW IS THAT GOING TO WORK?

I THINK WE ENVISIONED THEM BEING A GUIDELINE FOR BOTH THE NEIGHBORHOOD AND STAFF.

Alvarez: I'M SORRY, I DIDN'T UNDERSTAND.

WE ENVISION THEM AS BEING A GUIDELINE THAT BOTH NEIGHBORHOODS AND STAFF CAN USE.

Alvarez: BUT I MEAN IF YOU SAY YOU WANT THIS TO BE A SUBDISTRICT IN THIS PARTICULAR INFILL TOOL WON'T APPLY OR WILL APPLY, THEN IS THERE GOING TO BE A VOTE OF THOSE PROPERTY OWNERS? IS THAT HOW WE'RE GOING DO CREATE THE DISTRICTS?

I THINK ONE OF THE MECHANISMS IS THROUGH HAVING THE FINAL SURVEY THAT GOES OUT WITH THE PROPOSED PLAN RECOMMENDATIONS AS WELL AS NOTICES THAT WE SEND OUT TO OWNERS ABOUT PROPOSED REZONING. THAT WILL BE THE CHANCE TO GET THE FEEDBACK FROM PROPERTY OWNERS WHETHER THEY ARE IN FAVOR OF WHAT'S BEING PROPOSED.

Alvarez: OKAY. I GUESS I WAS WONDERING -- THINKING OF THOSE THAT HAVE ALREADY BEEN APPROVED THAT MAY WANT TO GO BACK AND CREATE SUBDISTRICTS, ARE WE DEALING WITH THAT ALSO?

IT'S SORT OF A RELATED TOPIC, BUT WE ARE LOOKING AT A PLAN AMENDMENT PROCESS, AND THAT'S ONE OF THE ISSUES THAT'S COME UP AND WE'RE CONSIDERING HOW TO DEAL WITH THE POTENTIAL SUBDISTRICT ISSUE IN PLANS THAT HAVE ALREADY BEEN ADOPTED, SO WE'RE LOOKING AT THAT CURRENTLY.

Alvarez: BUT THAT WILL COME FORWARD AT A LATER DATE.

YES.

Alvarez: THAT'S WHAT I WAS TRYING TO UNDERSTAND. THANK YOU VERY MUCH.

I ALSO WANTED TO CLARIFY WHETHER IN YOUR MOTION IF YOU WERE APPROVING THE PLANNING COMMISSION RECOMMENDATION FOR ALL OF THE AREA-WIDE INFILL OPTIONS OR THE STAFF RECOMMENDATION WHICH IS ONLY FOR URBAN HOME, COTTAGE LOT, SECONDARY APARTMENT AND CORNER STORE BUT NOT SMALL LOT AMNESTY.

Goodman: MAYOR, LET ME ASK MR. KREIGER IF HE WILL COME BACK UP AND SPEAK TO THAT.

Mayor Garcia: MR. KREIGER, IF YOU COULD COME UP, THE MAYOR PRO TEM HAS A QUICK QUESTION.

Thomas: IF YOU DON'T MIND, MAYOR AND MAYOR PRO TEM, BECAUSE WHAT I'M GIVEN WAS EVERYTHING HERE, SO I DON'T KNOW.

Goodman: THAT'S WHAT I THOUGHT.

Thomas: THAT'S IN THIS MOTION. BUT GO AHEAD.

I'M SORRY. WHAT AM I SUPPOSED TO DO? [LAUGHTER]

Goodman: THE WAY THE PLANNING COMMISSION MOTION WENT, I THOUGHT WAS NOT QUITE WHAT THE NEIGHBORHOODS HAD ASKED FOR SO I WAS ASSUMING THAT MY MOTION WAS APPROVING EVERYTHING AS HAD ORIGINALLY BEEN PUT FORWARD WITHOUT THE PLANNING COMMISSION MODIFICATIONS.

WELL --

THE PLANNING COMMISSION ACTUALLY RECOMMENDED ALL THE OPTIONS BE AVAILABLE IN SUBDISTRICTS, AND STAFF IS SAYING THAT IF IT'S A DESIRE TO CREATE SUBDISTRICTS, ALL BUT SMALL LOT AMNESTY BE ALLOWED. WE THINK SMALL LOT AMNESTY IS UNIQUE BECAUSE THERE IS A FIXED NUMBER OF EXISTING LOTS AND REALLY WE WOULD BE MAKING THOSE LEGAL AGAIN.

Goodman: OKAY. THEN I HAD THAT REVERSED. DO YOU REMEMBER -- WERE YOU AT THE PLANNING COMMISSION?

WELL, I WAS AT THE -- YEAH, I WAS AT THAT MEETING, THE PLANNING COMMISSION MEETING AND THEN THE SUBCOMMITTEE MEETING. AND WHAT I SAID AND I THINK [INAUDIBLE] THE PLANNING TEAM IS WE WANT ALL THE TOOLS IN THE TOOLBOX. WE DON'T SEE ANY REASON NOT TO INCLUDE SMALL LOT AMNESTY REGARDLESS OF THE FACT THERE ARE FIXED -- A FIXED NUMBER OF LOTS IN THE CITY. I PERSONALLY DON'T SEE WHERE THAT MAKES ANY DIFFERENCE. SO IF MATTER LA THE PLANNING COMMISSION AND -- LATER ON THE PLANNING COMMISSION AND YOU FOLKS MAKE A CHANGE TO MAKE SMALL LOT AMNESTY DIFFERENT, NOT AN IN FILL OPTION, MAKE IT CITYWIDE, THAT'S FINE. BUT UNTIL THAT HAPPENS, OUR POSITION IS WE WANT ALL THE TOOLS IN THE TOOLBOX BECAUSE WE NEVER KNOW WHEN THESE CHANGES MIGHT OCCUR. SO IF CHANGES DO OCCUR, FINE, BUT UNTIL THOSE DO, WE WANT THE TOO BOX TO HAVEANT THE TOOLBOX TO HAVE ALL THE TOOLS.

Goodman: THAT WAS MY MOTION. I THOUGHT IT WAS REVERSE THAT THE PLANNING COMMISSION DID WHAT STAFF WANTED. MY MOTION IS TO HAVE EVERYTHING INCLUDING SMALL LOT AMNESTY.

Slusher: I HAVE A QUESTION. SO THIS THEN IS -- IS NOT THE STAFF RECOMMENDATION, BUT IT'S ALSO NOT THE STAFF RECOMMENDATION ON WHAT TO LEAVE OUT OR KEEP IN IF WE DON'T TAKE THE FIRST STAFF RECOMMENDATION?

[INAUDIBLE].

Slusher: YOUR MIKE IS NOT ON.

Goodman: EVERY OPTION IS INCLUDED IN THIS MOTION. EVEN SMALL LOT AMNESTY.

Slusher: OKAY. IS THAT ALL THE STAFF HAS TO -- ASKED TO LEAVE OUT.

JUST SMALL LOT AMNESTY BECAUSE THOSE ARE EXISTING LOTS, AND OUR CONCERN IS THAT YOU ARE GIVING DEVELOPMENT RIGHTS TO SOME LOTS BUT NOT OTHERS, AND SO SOME WILL REMAIN POTENTIALLY ILLEGAL TO BUILD ON OR HAVE DIFFICULTY REBUILDING HOMES OR BUILDING NEW HOUSES ON THOSE LOTS.

Wynn: MAYOR?

Mayor Garcia: COUNCILMEMBER WYNN.

Wynn: THANK YOU. I'M GOING TO HAVE TO SIDE WITH THE CITY STAFF RECOMMENDATION ON THIS BECAUSE AS I SEE IT, WHAT -- BY NOT HAVING SMALL LOT AMNESTY AS PART OF THE SUBDISTRICT, WHAT IT DOES IS IT -- IT RELEGAL ICES EXISTING LEGAL LOTS. WE HAVE A BUNCH OF LEGAL LOTS THAT OTHERWISE WILL BE ILLEGAL AND FOLKS CAN'T PUT A SINGLE-FAMILY ON THEM.

THAT'S CORRECT.

Wynn: I JUST -- I THINK WHAT WILL END UP HAPPENING IS, YOU KNOW, INTENTIONALLY OR NOT THERE WILL BE SOME INEQUITY IN EXISTING NEIGHBORHOODS WHERE SOME FOLKS' LOT WILL BE RELEGALIZED AND OTHER FOLKS WON'T BE. I THINK ACROSS THE BOARD WE NEED TO MAKE THESE PRIOR LEGAL LOTS LEGAL AGAIN FOR A SINGLE-FAMILY HOME TO BE BUILT ON THEM. SO I'M ACTUALLY GOING TO ASK -- IT MIGHT BE SEMANTICS, BUT I WANT TO ASK THE MAYOR PRO TEM IF AS A FRIENDLY AMENDMENT WE ACCEPT THE STAFF RECOMMENDATION THAT NOT TO HAVE SMALL LOT AMNESTY AS PART OF THE SUBDISTRICT CAPABILITY. [ONE MOMENT, PLEASE, FOR CHANGE IN CAPTIONERS] 8:01 (8:02)

I THINK IF YOU WILL SAY STAFF RECOMMENDATION, THAT WILL SUFFICE. THE PLANNING COMMISSION HAD FIVE ITEMS. STAFF HAD FOUR. FIVE INCLUDES SMALLER AMNESTY. IF YOU TAKE OUT SMALL LOT AMNESTY, YOU HAVE TWO WITHIN THE TOOL BOX.

AND ALICE, THAT'S BECAUSE YOU WANT SMALL LOT AMNESTY TO APPLY ACROSS THE BOARD, TO COMING OUT MAKES IT APPLY ACROSS THE BOARD, STARK?

CORRECT.

FUTRELL: I THINK IT'S THE SEMANTICS OF TO INCLUDE OR NOT INCLUDE.

DUNKERLEY: WHAT ACTION DO WE NEED TO TAKE TONIGHT TO DO THE FOUR IN THE SUB DISTRICTS AND THE ONE ACROSS THE BOARD?

TO MOVE STAFF RECOMMENDATION.

DUNKERLEY: THAT'S WHAT'S BEFORE US RIGHT NOW?

CORRECT. COUNCILMEMBER WYNN MADE A MOTION TO REMOVE THE STAFF RECOMMENDATION, WHICH WOULD TAKE CARE OF THE ISSUE OF HANDLING THE SMALL LOTS AMNESTY.

Goodman: EXCUSE ME. SO IT WAS A FRIENDLY AMENDMENT OR A MOTION THAT ALREADY SET IT.

Mayor Garcia: SO THE FRIENDLY AMENDMENT IS ACCEPTED BY THE SECONDER?

Thomas: LET ME GET THIS BECAUSE -- AND I'M GOING TO BE TRY TO BE CANDID IF I CAN. EXPLAIN THE SMALL LOT AMNESTY. HOW MANY TIMES IN THE PLANNING PROCESS DO WE RUN ACROSS THIS? WHEN I SIT DOWN WITH NEIGHBORHOOD GROUPS THAT LIVE IN THIS AREA, THAT LIVES HERE, AND WE COME IN AND WE'RE RECOMMENDING SOMETHING THAT THEY DON'T FEEL IS BENEFICIAL TO THEM, I NEED TO BE ABLE TO EXPLAIN IT IN A LITTLE MORE DETAIL BECAUSE IF WE CAN LET THIS GO -- TELL ME HOW MANY TIMES THIS HAS HAPPENED? IS IT EVERY TIME OR ONE OUT OF A MILLION OR ONE OUT OF A THOUSAND, LET ME TAKE IT A LITTLE CLOSER.

SO FAR, SMALL LOT AMNESTY HAS BEEN THE ONE OPTION THAT HASN'T BEEN CONTROVERSIAL. THE NEIGHBORHOODS THAT HAVE ADOPTED IT PRETTY MUCH HAVEN'T HAD AN ISSUE WITH IT. AND THAT DIFFERS FROM SOME OF THE OTHER OPTIONS BECAUSE THEY ARE EXISTING LEGAL LOTS. WE'RE NOT ALLOWING ANY NEW SUBDIVISION OF LOTS UNDER THIS OPTION, UNLIKE URBAN HOME AND COTTAGE LOTS WHERE YOU COULD SUBDIVIDE AND YOU'RE GIVING PEOPLE NEW PERMITTED USES. THE SMALL LOT AMNESTY IS JUST ANYWHERE THERE'S AN EXISTING LOT THAT HAPPENS TO BE TOO SMALL UNDER THE CURRENT CODE, LIKE IT WAS PLATTED YEARS AGO AND IT WAS LEGAL AT THE TIME AS FAR AS WHAT THE SIZE WAS FOR SINGLE-FAMILY LOTS. SO IT BASICALLY ALLOWS THOSE EXISTING LOTS THAT HAVE BEEN GRANDFATHERED THAT NOW ARE ILLEGAL THAT ARE 2500 SQUARE FEET OR MORE TO BECOME LEGAL SO IF THERE'S AN EXIST IS HOUSE THERE, THAT HOUSE IS NOW LEGAL, THEY CAN REBUILD. OR IF IT'S A VACANT LOT, THAT LOT NOW BECOMES BUILDABLE, WHEREAS BEFORE IT PROBABLY WOULD STAY VACANT OR THE OWNER WOULD HAVE TO GO AND GET VARIANCES IN ORDER TO BUILD ON IT. AND THOSE ARE TYPICALLY SCATTERED THROUGHOUT THE NEIGHBORHOOD. AND SO WE THINK IT'S -- IT IS A POTENTIAL WITH SUB DISTRICTS TO ALLOW SOME LOTS TO BECOME LEGAL, BUT THEN IN OTHER PARTS OF THE NEIGHBORHOOD YOU HAVE SCATTER VACANT LOTS THAT ARE JUST SITTING THERE THAT AREN'T BECOMING LEGAL.

Alvarez: MAYOR?

Mayor Garcia: COUNCILMEMBER THOMAS, ANY OTHER COMMENTS? COUNCILMEMBER ALVAREZ WANTS THE FLOOR.

Thomas: ONE OTHER THING, WHEN YOU SAY LEGAL LOTS, YOU'RE SAYING SO MANY SQUARE FOOTAGE?

YES. RIGHT NOW THE MINIMUM IS 5,750 SQUARE FEET. SO LOTS THAT ARE LESS THAN THAT AREN'T LEGAL TO BUILD ON UNLESS THEY GET VARIANCES.

Thomas: WELL, THAT'S AFFECTING A LOT IN THE AREAS THAT WE'RE TALKING ABOUT NOW. SO I DON'T SEE -- TO REMOVE THAT THAT WOULD AFFECT THE NEIGHBORHOOD PLANNING AND DIFFERENT POCKETS OF EAST AUSTIN, I THINK. YOU MIGHT HAVE A SMALL LOT. SO WHAT YOU'RE SAYING IS WE CAN'T BUILD IF WE DON'T HAVE THE SMALL LOT AMNESTY, RIGHT?

RIGHT, FOR THOSE EXISTING LOTS THAT WERE PLATTED YEARS AGO. AND AGAIN, THIS IS DIFFERENT THAN COTTAGE AND URBAN HOMES WHERE YOU'RE CREATING NEW LOTS. THESE ARE JUST EXISTING LOTS THAT HAPPEN TO BE THERE THAT HAVE HOMES ON THERE OR ARE SITTING VACANT BECAUSE IT'S DIFFICULT TO BUILD ON.

FUTRELL: LET ME TRY TO DO A CLARIFICATION BECAUSE I THINK THERE'S A LOT OF CONFUSION. YOU CORRECT ME IF YOU THINK I'M SAYING IT WRONG. THE MOTION THAT'S ON THE TABLE IS THE STAFF'S RECOMMENDATION. THE FOUR ITEMS CAN BE IN OR OUT OF A SUBDISTRICT, BUT SMALL LOT AMNESTY THAT ALLOWS THESE SMALL OR UNUSUAL SIZE OR SHAPE LOTS TO BE BUILT ON IS APPLICABLE ACROSS THE CITY AND IT'S NOT AN OPTION TO COME IN OR OUT. NOW, SEE, I HAVE SOME PEOPLE SHAKING YES AND SOME PEOPLE SHAKING NO, SO HELP ME CLARIFY THIS.

THAT'S CORRECT. AND EVEN THOUGH THIS IS AREA WIDE, IT'S STILL A CHOICE WHETHER THAT NEIGHBORHOOD ADOPTS IT AS PART OF THEIR PLAN. IF THEY DO ADOPT IT, THEN IT HAS TO APPLY TO THE ENTIRE PLANNING AREA.

FUTRELL: THERE YOU GO. AND NOT BE PART OF THE SUB DELETE DISTRICT OF THE PLAN.

RIGHT.

FUTRELL: DOES THAT CLARIFY IT? IT MEANS SMALL LOT AMNESTY CANNOT BE -- IN THIS MOTION CANNOT BE THE PIECE THAT'S IN OR OUT OF A SUBDISTRICT IN A PLAN. IT'S EITHER IN THE PLAN OR IT'S OUT OF THE PLAN.

THAT'S CORRECT.

Goodman: I THINK THAT'S WHAT WE'VE BEEN TRYING TO SAY.

Alvarez: AND MAYOR, IF I COULD JUST CHIME IN.

Mayor Garcia: COUNCILMEMBER ALVAREZ.

Alvarez: THIS WAS AN ISSUE THAT WE REALLY DISCUSSED IN THE PLANNING PROCESS BECAUSE IN THAT PART OF EAST AUSTIN AND OTHER PARTS OF EAST AUSTIN THERE WERE A LOT OF -- THERE'S A LOT OF HOMES IN SUBSTANDARD LOTS. AND WE CALL THEM SUBSTANDARD LOTS BECAUSE THEIR LEGAL NONCONFORMING BECAUSE OBVIOUSLY PEOPLE ARE LIVING IN HOMES, BUT THE SITUATION THAT SOME OF THE NEIGHBORS BROUGHT UP IS IF YOUR HOUSE BURNS DOWN AND YOUR LOT ISN'T 5700 SQUARE FEET, THEN UNDER OUR CODE, YOU CAN'T REBUILD YOUR HOUSE. AND SO WHAT THIS ALLOWS IS THAT IF YOU'RE IN A SUBSTANDARD -- I GUESS IT WOULD MAKE LOTS THAT ARE 2500 OR BIGGER LEGAL LOTS IF YOU HAVE THE SMALL LOT AMNESTY AS PART OF YOUR NEIGHBORHOOD PLAN. AND SO TO ME THAT WAS LIKE THE BENEFIT THAT WE WERE TRYING TO GIVE THE NEIGHBORS IN THE EAST CESAR CHAVEZ PLANNING AREA. AND I THINK OTHER EAST AUSTIN PLANS THAT HAVE COME FORWARD TO PROVIDE THAT PROTECTION TO THE HOMEOWNER THAT THEY NEED TO REBUILD SO FOR WHATEVER REASONS THEY WILL ACTUALLY HAVE A LEGAL LOT THEY CAN BUILD ON.

Goodman: AND I'LL JUST MENTION, MAYOR, TO WHEN SWEDISH HILL CAME IN WITH THEIR NEIGHBORHOOD PLAN THEY ASKED TO BE AMENDED. THEY HAD SUBDISTRICTS, BUT THIS AMENDMENT DIDN'T EXIST.

Mayor Garcia: SO WHERE ARE WE WITH THE AMENDED -- WITH THE FRIENDLY AMENDMENTS FROM COUNCILMEMBER WYNN?

Wynn: IT WAS JUST A CLARIFICATION.

FUTRELL: I THINK IT'S BECOME A CLAIRE CLARIFICATION. IT'S NOT A FRIENDLY AMENDMENT. IT'S WHAT EVERYBODY INTENDED.

Slusher: SO IT'S IN THERE, BUT IT DIDN'T HAVE TO BE A FRIENDLY AMENDMENT.

Mayor Garcia: IT JUST HAPPENED.

Slusher: IT HAD ALREADY HAPPENED, BUT WE DIDN'T REALIZE IT.

FUTRELL: I THINK THE MAYOR PRO TEM REALIZED IT, BUT WE MAY NOT HAVE UNDERSTOOD.

Goodman: WELL, IT'S IN THERE TWICE, SO WE'RE DEFINITELY DOING IT.

Mayor Garcia: OKAY. FURTHER QUESTIONS OF STAFF? IF NOT, ALL IN FAVOR, SIGNIFY BY SAYING AYE?

AYE.

Mayor Garcia: OPPOSED NO? MOTION CARRIES ON A VOTE OF SEVEN TO ZERO. THANK YOU, EVERYBODY. NOW WE HAVE A CLEAR UNDERSTANDING OF WHAT WE'RE DOING.

THANK YOU VERY MUCH.

Mayor Garcia: THANK YOU. OKAY. THAT'S ALL THE ITEMS WE HAVE OTHER THAN THE STRATUS. THAT'S LIKE SAYING WE HANDLED ONE-10th OF THE MEETING AND NOW WE'RE GOING INTO THE NINE-10thS. LET ME MAKE SOME PRELIMINARY ANNOUNCEMENTS. STRATUS ITEMS NUMBER 22, 23, 26, 27 ARE RESOLUTIONS. AND AS SUCH WE DON'T NEED TO CONSIDER THEM TODAY. THEY'LL BE CONSIDERED ON AUGUST 1ST. THE CARRYOVER STRATUS ORDINANCE ITEMS FROM THE PREVIOUS MEETING WILL BE CONSIDERED AFTER THE PUBLIC HEARING IS CONDUCTED AND THE NEW STRATUS ZONING CASES, Z-4 AND Z-5 ON THIS AGENDA, SO ITEMS NUMBER 21, 24 AND 25 RELATING TO THE SETTLEMENT, THE PROPOSED SETTLEMENT, AND ITEMS NUMBER 28 THROUGH 40 RELATING TO THE ZONING, WILL BE CONSIDERED AFTER THE PUBLIC HEARING ON Z-4 AND Z-5. WE HAVE TO TAKE ACTION ON THIS, RIGHT, TO DEFER ACTION UNTIL NEXT WEEK?

NO, WE DO NOT HAVE TO TAKE ACTION.

Mayor Garcia: TO POSTPONE?

TO POSTPONE. THE STRATUS ITEMS TO BE CONSIDERED TONIGHT ARE ALL OF THE ITEMS. IT'S JUST THAT YOU WILL NOT TAKE ACTION ON ITEMS 22, 23, 26 AND 27. THOSE ARE RESOLUTION ITEMS. AND THE ACTION WILL BE DEFERRED UNTIL NEXT WEEK. OR TWO WEEKS. TWO WEEKS, UNTIL AUGUST THE 1ST. BUT THEY ARE PART OF THE ITEMS TO BE DISCUSSED AND CONSIDERED TONIGHT.

Mayor Garcia: SURE. BY THE COUNCIL.

THAT'S CORRECT.

Mayor Garcia: AT THIS TIME I WILL CALL UP THE FOUR P.M. ZONING AGENDA FOR ITEMS Z-4 AND Z-5. THESE ARE NEW STRATUS ZONING CASES READY FOR TRACTS 107 AND IS 13. AND IF -- 113. IF WE COULD PUT THE CHART WITH ALL THE TRACTS UP TO EVERYBODY KNOWS WHERE WE ARE. AND WE WILL -- THIS PUIC HEARING ON THESE CASES WILL BE CONSIDERED BEFORE THE COUNCIL TAKES UP THE OTHER STRATUS ITEMS ON THE AGENDA THAT INVOLVE ORDINANCES, ITEMS 21, 24, 25 AND 28 THROUGH 40. WHAT THE COUNCIL HAS BEEN DISCUSSING -- NO DECISION HAS BEEN MADE ON THIS, BUT PROPOSALS HAVE BEEN MADE, IS THE FOLLOWING? : AND THIS WOULD REQUIRE THAT THE COUNCIL PASS A MOTION ON THE ITEMS, BUT THE PROPOSAL IS TO HAVE 30 MINUTES FOR THE APPLICANT AND STRATUS, THE APPLICANT IN THIS CASE BEING THE CITY. ONE HOUR TESTIMONY BY PEOPLE WHO ARE FOR IT, ONE HOUR OF TESTIMONY FROM THE PEOPLE WHO ARE AGAINST IT. AND WE WILL HAVE A TIME SPECIFIC TO THAT WE ALLOW THE SPEAKERS AN OPPORTUNITY TO APPORTION THE TIME. IF THERE'S NO AGREEMENT ON THAT, THE COUNCIL WILL DECIDE, THAT IS, THE FIRST 20 SPEAKERS ON EACH LIST WISHING TO SPEAK. SO TO DO THAT THE COUNCIL WILL HAVE TO HAVE A MOTIO AND I'LL ENTERTAIN A MOTION AT THIS TIME ON THIS PARTICULAR ITEM.

Wynn: MAYOR, I MOVE THAT WE ABIDE BY YOUR SUGGESTION, BUT ALSO MAKE SURE WE CONSOLIDATE THE PUBLIC HEARINGS ON Z-4 AND Z-5 INTO THAT SAME PROCEDURE.

Mayor Garcia: AND THEN THE OTHER PROVISIONS HAVE TO DO WITH SECTION 251-51 OF THE LAND DEVELOPMENT CODE.

Wynn: FURTHER, THAT WE FOLLOW THE LAND DEVELOPMENT CODE PUBLIC HEARING PROCEDURE THAT REQUIRES THAT FOLKS WHO DESIRE TO SPEAK AT THE HEARING TO SIGN UP BEFORE THE PUBLIC HEARING BEGINS. THE PROCEDURE ALSO PERMITS THOSE SUPPORTING THE PROPOSAL TO HAVE TIME TO SPEAK, THOSE OPPOSING TO HAVE TIME TO SPEAK, AND THIS PROCEDURE AUTHORIZES THE BODY CONDUCTING THE HEARING TO LIMIT THE SPEAKER'S TIME TO ADDRESS THE BODY, SO MY MOTION PROPOSES THAT THE SPEAKING TIME BE LIMITED AS YOU SUGGESTED, 30 MINUTES FOR THE STAFF PRESENTATIONS. AND SINCE STRATUS IS ALIGNED WITH THE STAFF PROPOSAL, THAT STRATUS'S TIME BE INCLUDED IN THAT 30 MINUTES. ONE HOUR FOR THOSE SUPPORTING THE ZONING, ONE HOUR FOR THOSE OPPOSING THE ZONING. AND IF STAFF WANTS TO HAVE TIME FOR REBUTTAL, IT'S TO BE SET ASIDE FROM THEIR ORIGINAL 30 MINUTES. AND THEN FURTHER THE RULES STIPULATE THAT A PERSON MAY SPEAK FOR NO MORE THAN THREE MINUTES UNLESS TIME HAS BEEN DONATED TO THAT SPEAKER. IN ORDER TO DONATE TIME TO A SPEAKER, THE PERSON DONATING TIME MUST BE PRESENT AT THE TIME THE SPEAKER SPEAKS. NO MORE THAN 12 MINUTES CAN BE DONATED TO A SINGLE SPEAKER. AND ONCE THE PERSON'S NAME HAS BEEN READ INTO THE RECORD AS NOT WISHING TO SPEAK OR NOT PRESENT WHEN HIS OR HER NAME IS CALLED, THAT PERSON WILL NOT BE RECOGNIZED TO SPEAK.

Mayor Garcia: THAT PARTICULAR PROVISION, I'M GOING TO ASK THE ATTORNEYS TO SEE IF THIS IS SOMETHING THAT CAN BE CHANGED SINCE WE'RE ALLOCATING BLOCKS OF TIME. IN OTHER WORDS, IF THE PEOPLE SPEAKING FOR IT WANT TO HAVE ONE SPEAKER FOR ONE HOUR, CAN THEY DO THAT?

THAT IS WITHIN YOUR DISCRETION. THAT IS WITHIN THE COUNCIL'S DISCRETION. THE COUNCIL CAN DIRECT -- CAN DECIDE HOW THE MEETING -- THE SPEAKERS ARE TO PROCEED. THEY CAN ALLOW THE SPEAKER, THEY CAN GO ON AHEAD AND WAIVE THE COUNCIL'S RULE CONCERNING THE NUMBER OF SIGN-UPS AND THEY CAN ALLOW ONE SPEAKER TO SPEAK FOR AN HOUR, THEY CAN -- THEY CAN ALLOW FOLKS TO DECIDE HOW THEY WANT TO DIVIDE UP THEIR TIME. THAT IS ENTIRELY WITHIN THE DISCRETION OF THE COUNCIL. AND THE COUNCIL CAN CHOOSE HOW IT WISHES TO RUN ITS BUSINESS, SO YOU CAN REQUIRE PEOPLE TO GO ON AHEAD AND CONSOLIDATE THEIR TIME. YOU CAN REQUIRE PEOPLE TO ONLY BE ALLOWED TO DONATE A SPECIFIC AMOUNT OF TIME. YOU CAN SET THE RULES CONCERNING THE DONATION AND YOU N ALSO ALLOW PEOPLE IF THEY WANT TO WITHIN THAT ONE-HOUR BLOCK TO JUST DESIGNATE SPEAKERS TO GO FOR HOWEVER LONG THEY WISH TO GO.

Mayor Garcia: SO COUNCILMEMBER, DO YOU WANT TO STICK TO THOSE RULES, A TOTAL OF 15 MINUTES PER SPEAKER OR JUST BLOCK OFF THE TIME AND LET THEM USE IT WHICHEVER WAY THEY WANT TO?

Wynn: I'M COMFORTABLE WITH IT. I THINK GENERALLY SPEAKING THERE'S SORT OF COORDINATED -- TWO COORDINATED CAMPS HERE.

Mayor Garcia: WE COULD GIVE THEM FIVE, 10 MINUTES TO COORDINATE. LET'S SAY THE PEOPLE -- THEY'RE GOING TO HAVE FOUR SPEAKERS OF 15 MINUTES EACH, TWO SPEAKERS OF 30 MINUTES EACH AND THE SAME FOR THE OPPOSITION. THEY CAN DECIDE THAT. THEY CAN DO 30 MINUTES, ONE HOUR AND ONE HOUR, AND THEN THE APPLICANT REPRESENTATIVES, STRATUS REPRESENTATIVE WOULD HAVE SOME TIME WITHIN THE 30-MINUTE TIME FRAME AT THE END FOR REBUTTAL. IS THERE A SECOND TO THAT MOTION? SECONDED BY COUNCILMEMBER WYNN.

MAYOR, CAN I MAKE AN OBJECTION TO THE MOTION, PLEASE?

Mayor Garcia: NO, SIR. [ APPLAUSE ] THE COUNCIL IS TRYING TO MAKE A DECISION. WE'RE WITHIN OUR RIGHTS.

I UNDERSTAND THAT YOU THINK SO, BUT THE WAY YOU'RE STRUCTURING THIS, YOU'RE DISCRIMINATING AGAINST THE PEOPLE WHO ARE AGAINST BECAUSE THEY'RE GETTING LESS THAN HALF THE TIME WHEN THE PEOPLE WHO ARE HERE TO SPEAK ARE OVERWHELMINGLY AGAINST, SO YOU'RE DISCRIMINATING BASED ON --

Mayor Garcia: BUNCH, I'M TELLING YOU THAT'S THE MOTION THAT THE COUNCIL HAS ON THE FLOOR. OKAY. COUNCILMEMBER DUNKERLEY?

DUNKERLEY: [ INAUDIBLE ]

Mayor Garcia: I WOULD APPRECIATE IT IF YOU ALL WOULD KEEP YOUR COMMENTS AND YOUR HISSING --

[ INAUDIBLE ]

Mayor Garcia: THIS IS A MEETING OF THE COUNCIL, OKAY, AND THE COUNCIL IS TRYING TO MAKE A DECISION. WHEN IT'S TIME FOR YOU TO SPEAK, THE COUNCIL WILL NOT INTERRUPT YOU, OKAY?

DUNKERLEY: WILL YOU BE ABLE TO READ -- WILL YOU READ ALL OF THE CARDS THAT HAVE SIGNED UP INTO THE RECORD?

Mayor Garcia: YES. WE WILL READ EVERYTHING THAT HAS BEEN RECORDED. EVERYTHING WILL BE READ INTO THE RECORD. WHAT WE'RE SAYING IS THAT FOR THESE TWO ITEMS THE COUNCIL IS SAYING THAT TWO AND A HALF HOURS PROVIDES ENOUGH TIME TO HAVE ALL THE DISCUSSION THAT WE NEED TO HAVE. 30 MINUTES FOR THE PRESENTATION OF THE ITEMS, AND INCLUDED IN THAT 30 MINUTES IS THE REBUTTAL. ONE HOUR FOR THOSE IN FAVOR, ONE HOUR FOR THOSE AGAINST. THE PRESENTATION IS GOING TO BE MADE BY THE CITY AND IT WILL INCLUDE THE ASPECT OF A PARTICULAR ZONING CASE. THERE'S A MOTION AND A SECOND. FURTHER DISCUSSIONS? MAYOR PRO TEM?

Goodman: NO, I WAS JUST GOING TO SAY I'M GOING TO ABSTAIN BECAUSE I WOULD PREFER ANOTHER WAY.

Mayor Garcia: ALL THOSE IF FAVOR OF THE MOTION, PLEAZ INDICATE BY SAYING AYE.

AYE.

Mayor Garcia: OPPOSED?

Alvarez: NO.

Mayor Garcia: AND ONE OPPOSED. [ CHEERS AND APPLAUSE ].

[ INAUDIBLE ]

Mayor Garcia: THAT VOTE IS FIVE TO ONE TO ONE WITH COUNCILMEMBER ALVAREZ VOTING AGAINST AND THE MAYOR PRO TEM ABSTAINING. OKAY. STAFF?

MAYOR AND COUNCIL, MY NAME IS GREG GURNSEY, NEIGHBORHOOD PLANNING AND ZONING DEPARTMENT. THE FIRST ITEM IS Z-HAD. IT'S CASE C-14-02-0,040.107. THIS IS A ZONING SCW AT THE SOUTHWEST CORNER OF SLAUGHTER LANE AND MOPAC FOR A 23-ACRE TRACT. THE PROPERTY IS CURRENTLY ZONED INTERIM RR. THE ZONING COMMISSION RECOMMENDED GR-CO WITH CONDITIONS. ITEM Z-5 IS C-14-02-0,040.113. THIS IS A ZONING REQUEST ALONG MOPAC. IT'S ONE OF THE WILDFLOWER TRACTS. IT'S PROPOSED FOR -- FOR RR, RURAL RESIDENTIAL ZONING. IT'S CURRENTLY ZONED INTERIM RR. IF YOU HAVE ANY QUESTIONS, I'D BE MORE THAN HAPPY TO ANSWER THEM. AT THIS TIME I WOULD LIKE TO INTRODUCE MR. STEVE DRENNER WHO IS GOING TO TALK ABOUT SOME OF THESE CASES AND ALSO GIVE AN OVERVIEW OF THE GREEN BUILDER PROGRAM. THANK YOU.

MAYOR, IN ACCORDANCE WITH YOUR EARLIER SUGGESTION, I WOULD PREFER TO WAIT UNTIL THE END, IF THAT'S ALL RIGHT.

Mayor Garcia: YOU'RE GOING TO WAIVE YOUR 30 MINUTES UNTIL THE END?

YES, SIR.

Mayor Garcia: ACTUALLY, YOU HAVE 29 MINUTES. OKAY. NOW, I'M GOING TO CALL THE PEOPLE THAT HAVE SIGNED UP IN FAVOR. AND I'LL INDICATE WHETHER THEY WISH TO SPEAK OR NOT TO SPEAK. THESE ARE THE PEOPLE THAT HAVE REGISTERED IN FAVOR OF. JB BROWN, NOT WISHING TO SPEAK. MARY BRADLEY, NOT WISHING TO SPEAK. DOUG HAMILTON, NOT WISHING TO SPEAK. DAVID RULEMAN, NOT WISHING TO SPEAK. JR RULEMAN, NOT WISHING TO SPEAK. ANGELA ASURA, NOT WISHING TO SPEAK. JULIE LOPEZ, NOT WISHING TO SPEAK. CARLA BRAI DEN, NOT WISHING TO SPEAK. I'M GOING TO JUST MENTION THE NAMES. KAREN SMITH, NO. EMILY PLUCK ET, NO. DR. ROBERT BRUNIG? THE NEXT SPEAKER WOULD BE MO ARMSTRONG. AND I'LL MENTION SOME OTHER NAMES OF PEOPLE WHO DO NOT WISH TO SPEAK. DR. BRUNIG, WELCOME, SIR.

THANK YOU, MAYOR GARCIA, MEMBERS OF THE COUNCIL. I'M HERE HERE TO SPEAK IN FAVOR OF THE ZONING CHANGES, PARTICULARLY ON TRACT 113, I THINK FOR OBVIOUS REASONS. AS DIRECTOR OF THE WILDFLOWER CENTER, THIS ZONING CHANGE WOULD PUT THE TRACT UNDER RURAL RESIDENTIAL AND IT WOULD COME TO THE WILDFLOWER CENTER. OUR PLAN IS TO INCORPORATE IT INTO THE LIFE AND WORK OF THE CENTER, TO INCORPORATE THE TRACT INTO OUR REZ STORE RATION PROGRAM, OUR LANDSCAPE RESTORATION PROGRAM FOR RESEARCH HOW TO BRING ECOLOGICAL HEALTH BACK TO LANDSCAPES. IT WOULD ALSO BE IMMEDIATELY AJAY TONIGHT IS THE CITY'S PROP 2 LAND AND WOULD ENABLE THE CITY AND THE WIELTD FLOWER CENTER TO WORK TOGETHER ON CREATING A CONTIGUOUS GOK BLOK OF PROTECTED LAND ON A SENSITIVE PART OF THE AQUIFER. WE DO HAVE -- HAVE ASKED FOR THE PERMISSION IN THE FUTURE TO BUILD AN ENTRY DRIVE ACROSS THIS TRACT AND WE DO HOPE SOME DAY IN THE FUTURE TO BE ABLE TO ACCESS THE CENTER IN ITS COMPLETELY DIFFERENT DIRECTION TO AVOID SOME OF THE PROBLEMS WE HAVE TODAY ON LACROSSE WITH CONGESTION AND CONFLICTS WITH THE VELOWAY AND SOME OF THE NEIGHBORHOODS. WE ALSO -- I ALSO JUST WANT TO SAY THAT IT WOULD BE NICE IF ALL OF THESE TRACTS COULD BE OPEN SPACE -- [ APPLAUSE ] TONIGHT OUR COMMUNITY IS AT A CROSSROADS. WE HAVE CLEARLY AN AQUIFER AND A SPRINGS THAT IS IN POOR ECOLOGICAL HEALTH. WE KNOW THAT. AND WE HAVE A LANDOWNER WHO HAS PROPERTY RIGHTS, GRANDFATHERED PROPERTY RIGHTS, AND WE KNOW THAT. AND WE HAVE THE COLLISION OF THESE TWO PRINCIPLES, THESE TWO REALITIES. AND THE QUESTION IS WHETHER WE AS A COMMUNITY -- WHAT DO WE AS A COMMUNITY DO ABOUT THAT? THERE ARE LOTS OF WAYS WE CAN PROCEED, LITIGATION. WE COULD MAYBE COME UP WITH THE MONEY, OKAY? [ APPLAUSE ] PERHAPS WE COULD COME UP WITH SOME MONEY TO BUY OUT THE LAND, BUT NO MONEY SEEMS TO BE ON THE HORIZON. OUR APPROACH HAS BEEN TO ADVOCATE COMING TOGETHER WITH A COMPROMISE, AN IMPERFECT COMPROMISE PERHAPS, BUT A COMPROMISE NEVERTHELESS, THAT DOES THE VERY BEST POSSIBLE TO PRESERVE AS MUCH LAND AS POSSIBLE AND TO INCREASE THE ENVIRONMENTAL QUALITY OF THE OVERALL PROJECT. WE'VE WORKED HARD TO THAT END. AND I THINK WE HAVE AN AGREEMENT FASHIONED NOW THAT SETS A NEW STANDARD FOR DEVELOPMENT IN THIS PART OF AUSTIN, AND I THINK WHICH WILL ENABLE OUR COMMUNITY TO MAYBE GO BACK AND TALK TO OTHER DEVELOPERS ABOUT INCREASING THEIR STANDARDS AND THEIR QUALITY. I KNOW THAT A LOT OF MY FRIENDS DISAGREE WITH ME ON THIS, BUT I REALLY FEEL THAT THIS IS A WAY WE MUST GO IN THIS SITUATION. IT'S THE BEST POSSIBLE ALTERNATIVE GIVEN THE ALTERNATIVES WE HAVE BEFORE US. THANK YOU. [ APPLAUSE ]

Mayor Garcia: THANK YOU, DOCTOR. BEFORE MR. ARMSTRONG SPEAKS, IF YOU WOULD STOP THE CLOCK, JAMIE WALL, SUMNER PICKERING, KENNETH SINGLETON, MARLENE HUGHES, DEBRA PETERSON AND RICK DRYDEN ARE ALL REGISTERED IN FAVOR OF, BUT NOT WISHING TO SPEAK. FOLLOWING MR. ARMSTRONG TO SPEAK IS RICKY BYRD, AND THERE ARE SOME PEOPLE WHO I WILL MENTION THEIR NAMES BEFORE MR. BYRD COMES UP. AND THEY HAVE SIGNED IN FAVOR OF. MR. ARMSTRONG, WELCOME, SIR.

MAYOR, COUNCIL, THANK YOU VERY MUCH FOR GIVING US THIS OPPORTUNITY TO SPEAK TONIGHT. LET ME START BY SAYING THIS HAS BEEN A VERY EMOTIONAL AND DIFFICULT PROCESS FOR ALL OF US TO BE INVOLVED IN. WE HAVE SPENT THE BETTER PART OF TWO YEARS, THOUSANDS OF HOURS OF NOT ONLY OUR TIME, BUT STAFF TIME, AS WELL AS NEIGHBORHOOD TIME, INTO BASHING THIS PROPOSAL. IT IS BY NO MEANS PERFECT. THERE ARE MANY THINGS THAT I'M NOT 100% HAPPY WITH, BUT I BELIEVE THAT'S JUST THE NATURE OF ANY TYPE OF COMPROMISE. BUT ONE OF THE THING THAT'S BEEN NICE ABOUT THIS PROCESS FOR ME AT LEAST IS IT'S GIVEN ME AN OPPORTUNITY TO GET AWAY FROM THE FIGHTING, WHICH I FOUND TO BE REALLY AN AWFUL WASTE OF TIME AND ENERGY, AND WE STARTED THE GRASSROOTS LEVEL BY REACHING OUT TO THESE NEIGHBORHOOD ASSOCIATIONS AND TRIED TO WORK ON BUILDING A DIALOGUE, CONSTRUCTIVE DIALOGUE. AND I THINK WE'VE ACCOMPLISHED THAT. AGAIN, IT'S NOT PERFECT AND NOR WILL IT EVER BE, BUT AT LEAST WE'VE GOTTEN PAST THE POINT OF FIGHTING WHEN WE'RE TALKING TO ONE ANOTHER AND PEOPLE HAVE BEEN RESPECTFUL AND PEOPLE HAVE BEEN CREATIVE, AND I REALLY, REALLY BELIEVE THAT THIS RESULT IS A VERY FAIR REPRESENTATION OF THIS PROCESS. I NEED TO THANK EVERYBODY. THERE HAVE BEEN STAFF. TOBY, YOUR STAFF HAS BEEN GREAT. I KNOW IT'S PROBABLY AN AWFUL JOB FOR THEM ANY TIME A STRATUS DEAL COMES UP, BUT THEY'VE -- THEY'VE DONE IT WELL, AS WELL AS MANY OF THE NEIGHBORHOOD ASSOCIATIONS, THE 1826 GROUPS, THEY'VE BEEN GREAT, THE CIRCLE C HOMEOWNERS HAVE BEEN GOOD TO WORK WITH. AND WE'RE NOT ABLE TO PLEASE EVERYBODY, WE WERE NOT 100% PLEASED, BUT BEGUN I THINK IT'S A FAIR PROPOSAL, IT'S SOMETHING WE CAN LIVE WITH, I THINK IT PROTECTS THE AQUIFER. IT PROVIDES NEW THINGS LIKE GREEN BUILDING THAT WITHOUT THIS AGREEMENT I DON'T THINK WOULD BE POSSIBLE, HAVING ENHANCED THE SETBACKS FOR MANY OF THESE CRITICAL FEATURES, WE HAVE WORKED WITH FISH AND WILDLIFE ON SOME NEW GUIDELINES FOR THIS DEVELOPMENT THAT WOULD NOT BE AVAILABLE THROUGH THE NORMAL CITY PROCESS. AND BEFORE I LEAVE, I SEE A LOT OF THINGS ABOUT FREEPORT McMORAN. AND LIKE EVERYBODY, WE ALL HAVE A HISTORY, AND THAT IS PART OF OUR HISTORY, BUT LET ME BE CLEAR ABOUT ONE THING. JIM BOB MOFFETT HAS NOTHING TO DO WITH STRATUS PROPERTIES. AND I TOLD THE COUNCIL THAT. HE DOESN'T OWN A SINGLE SHARE OF STOCK ON STRATUS PROPERTIES. THERE'S NO INVOLVEMENT. IT'S SIMPLY NOT THERE, BUT AGAIN, AT ONE POINT IN TIME HE DID. AND I WILL APOLOGIZE FOR SOME OF THE EVENTS THAT HAPPENED WAY BACK WHEN. IT'S UNFORTUNATE, BUT BELIEVE ME, THERE'S NO INVOLVEMENT BY FREEPORT OR JIM BOB MOFFETT IN ANY WAY, SHAPE OR FORM. THANK YOU. [ APPLAUSE ]

Mayor Garcia: THANK YOU, MR. ARMSTRONG. BEFORE MR. BYRD COMES UP, JOAN BAKER, CARL PFAFF, STEVE HAYS AND PETER GAR DER ARE REGISTERED IN FAVOR OF NOT WISHING TO SPEAK. MR. BYRD, WELCOME, SIR.

ONE OF THE THINGS THAT HAVE BEEN BROUGHT UP REPEATEDLY THAT I HEAR IN THE HALLWAYS AROUND THE COUNCIL MEETING IS THAT THERE'S A NOTION THAT WHAT THE COUNCIL IS DOING IS ILLEGAL BECAUSE THEY HAVE TO HAVE A SIX TO ONE VOTE, BECAUSE IT'S SOMEHOW AMENDING S.O.S. THAT IS NOT THE CASE HERE FOR THOSE OF YOU THAT DON'T KNOW IT. THIS AGREEMENT COULD BE BASED ON A FOUR-THREE VOTE AND STILL PASS. IT WOULD STILL BE LEGAL BECAUSE IT WAS NEVER NEGOTIATED AS AN S.O.S. AMENDMENT. IT WAS NEVER NEGOTIATED THAT WAY. LET'S SEE. WHAT ELSE HAS HAPPENED SINCE LAST WE WERE HERE? THE CONCERNED SCIENTISTS LETTER. EXPERTISE IS ALWAYS WELCOME, BUT WHAT IS THE VALUE OF IT IF THOSE PETITIONING HAVEN'T READ WHAT THEY'RE PETITIONING AGAINST? IF THE LETTER IS TO VALIDATE S.O.S.'S POSITION, WHERE IS COUNCILMAN SPELMAN'S SIGNATURE? WHERE IS THE POLITICAL SCIENTISTS, THE ECONOMISTS, THE LAW SCHOOL REPRESENTATIVES WHO ALSO HAVE EXPERTISE ON THIS PARTICULAR ISSUE? THEY SHU BE SIGNING AGAINST AS WELL IF THIS IS TO HAVE ANY KIND OF VALIDITY TO IT. THE LETTER ENDORSES AN AGGRESSIVE PLAN TO RESTRICT FURTHER DEVELOPMENT AND REDIRECT GROWTH THROUGH OTHER AREAS. THIS SOUNDS ODDLY FAMILIAR. ON THE FORMER, TAKING THE FAMILIAR STATISTICS THAT WOULD BE THE STRATUS PROPOSAL, WHICH STILL IS -- STRATUS BUILDS TO S.O.S. STANDARDS, 2,046,000 SQUARE FEET OF OFFICE, 310,000 SQUARE FEET OF RETAIL, 1200 MULTI-FAMILY UNITS, 1100 SINGLE-FAMILY UNITS. CITY SELLOUT, 750,000 SQUARE FEET OF OFFICE, 250,000 SQUARE FEET OF RETAIL, 900 MULTI-FAMILY UNITS, 830 SINGLE-FAMILY UNITS. IF YOU'RE TAKING IT MORE AGGRESSIVE, IT SEEMS TO ME THAT WOULD QUALIFY. IT DOESN'T MENTION A COMPREHENSIVE PLAN. NOTHING THAT I KNOW OF ACTUALLY STOPS URBAN SPRAWL. THAT'S WHAT THE COMPREHENSIVE PLAN IS SUPPOSED TO HELP US DO, RIGHT? WHEN HAS IT EVER MANAGED TO DO THAT? THE TWO PEOPLE ON THIS COUNCIL THAT HAVE VOTED THE MOST AGAINST BUILDING OVER THE AQUIFER ARE, BELIEVE IT OR NOT, DARYL SLUSHER AND JACKIE GOODMAN. THEY'RE VOTING FOR THE PROPOSAL. LET'S SEE. THE PLAN ADDS TRAFFIC. ANYTHING ADDS TRAFFIC AT THIS POINT IN TIME. THE BASIC PROBLEM IS THE MAJOR HIGHWAYS HAVE BEEN CUT THROUGH THE AQUIFER ARE ALWAYS ADDING TRAFFIC. THE CITY DOESN'T CONTROL THE MAJOR HIGHWAYS, THE STATE OF TEXAS DOES THROUGH TXDOT, THE AGENCY WE ALL KNOW AND LOVE. RETOREICLY SPEAKING. WHPZ IF THIS GOES AWAY? IF THIS GOES AWAY, WE GET TRACT BY TRACT LAWSUITS, AND THEY TURN AROUND AND PRESS THEIR PROPERTY RIGHTS BILLS THAT HAVE BEEN PENDING IN THE STATE LEGISLATURE FOR GOD KNOWS HOW LONG. AND THEY MAY GET THEM PASSED BECAUSE IT'S QUITE POSSIBLE THIS WOULD BE A REPUBLICAN LEGISLATURE, EVEN MORE HOSTILE TO AUSTIN THAN BEFORE. WHAT DO WE LOSE? WE LOSE SETBACKS, WE LOSE CLUSTERING, WE LOSE AT LEAST THREE UNDEVELOPED TRACTS, WE LOSE INTEGRATED PEST MANAGEMENT, WE LOSE SEERY SCAPING. WE LOSE TRAFFIC MITIGATION AND WE LOSE GREEN BUILDING. THAT'S A LOT TO SIGN OFF ON. I HEAR THE MORATORIUM. I ALSO HEAR THE STATE LEGISLATURE IS COMING BACK TO TOWN. IF YOU MORATORIUM FOR SIX MONTHS THAT PUTS YOU ALMOST RIGHT UP WHEN THE STATE LEGISLATURE IS BACK. THEN WHAT ARE YOU GOING TO PROPOSE? I THANK THE COUNCIL FOR ITS TIME.

Mayor Garcia: THANK YOU, MR. BYRD. [ APPLAUSE ]

Mayor Garcia: BEFORE MR. COFER COMES TO SPEAK, I'LL READ THE NAMES OF THREE OTHER PEOPLE WHO HAVE SIGNED UP NOT WISHING TO SPEAK, BEN LANE, PHIL SANGAR AND LAURIE SWAN. AND FOLLOWING MR. COFER IS MR. JOHN DEAL. WELCOME, SIR.

GOOD EVENING, MAYOR, COUNCIL. THANK YOU FOR THIS OPPORTUNITY TO ADDRESS YOU. MY NAME IS GEORGE COFER. I'M HERE TONIGHT REPRESENTING ONLY MYSELF, NOT REPRESENTING ANY ORGANIZATION. AND I HAD THE OPPORTUNITY LAST WEEK TO TELL YOU THAT I SUPPORT THE CONCEPT OF THE SETTLEMENT AGREEMENT AND AM GETTING CLOSER AND CLOSER TO SAYING I ACTUALLY SUPPORT THAT STACK OF PAPER THAT DOCUMENTS THE SETTLEMENT AGREEMENT. I'M HERE TONIGHT TO ASK YOU TO VOTE YES ON THE TWO ZONING CASES. AND FOR ALL THE REASONS THAT I AND OTHERS HAVE ARTICULATED, I AM MORE AND MORE CONVINCED THAT THIS IS NOT ONLY THE BEST ALTERNATIVE, BUT IS IN FACT FAR, FAR BETTER THAN THE LESSER OF TWO EVILS. THERE'S SO MANY GOOD THINGS THAT WILL ACCRUE TO THE COMMUNITY AND TO REGIONAL PLANNING AND TO THE PROTECTION OF THE SPRINGS IF YOU VOTE ULTIMATELY TO SETTLE WITH STRATUS. AND THOSE THINGS HAVE BEEN ARTICULATED, SO I'M GOING TO STOP AND USE MY REMAINING 60 SECONDS TO ASK IN ANY OF YOU HAVE ANY QUESTIONS. I WILL DEFER THEN AND GIVE SOMEONE ELSE --

Slusher: MAYOR, I'LL ASK SOME QUESTIONS. YOU WERE INVOLVED IN THE STAKEHOLDER GROUP, I THINK EVEN MEDIATED SOME OF THE SESSIONS, SO TELL US A LITTLE BIT HOW THAT GROUP OPERATED AND CAME UP TO THIS POINT.

THERE WAS A STAKEHOLDER PROCESS LAST FALL THAT I WAS ASKED TO VOLUNTEER TO FACILITATE, AND DID THAT, AND FRANKLY DIDN'T DO A VERY GOOD JOB. WE WERE NOT SUCCESSFUL AND THE HOLIDAYS CAME AND THEN WE STARTED UP AGAIN THE STAKEHOLDER PROCESS AND SIMULTANEOUSLY THERE WAS A ZONING AND PLATTING COMMISSION STAKEHOLDER PROCESS. IN ALL THOSE PUBLIC PROCESSES, I'M NOT SURE WHAT YOU WANTED ME TO SAY ABOUT IT, BUT IN MY MIND THE OVERRIDING TRUTH IS THAT THERE HAS NOW BEEN EIGHT MONTHS OF PUBLIC DISCUSSIONS, AND TO THOSE WHO WERE NOT INCLUDED EARLY ON, I APOLOGIZE, JUST FOR MYSELF. I'M NOT SAYING ANYBODY ELSE MADE A MISTAKE, BUT COUNCILMEMBER SLUSHER, WE HAVE BEEN INTO VERY DETAILED DISCUSSIONS THROUGHOUT THAT EIGHT MONTHS WITH THE CITY'S STAFF, AND THERE MAY BE SOLUTIONS THAT WE HAVEN'T YET LOOKED AT, BUT IF THERE ARE, I WOULD BE SURPRISED. WE PICKED APART EVERY SINGLE POINT OF ALL 300 PAGES IN 10-HOUR MARATHON SESSIONS FOR SIX MONTHS. IT'S A GOOD PROCESS, IT'S A VALID PROCESS. I THINK Y'ALL CAN HAVE CONFIDENCE THAT IT WAS AN INCLUSIVE PROCESS. AND MRS. WALL GOT UP HERE AND TESTIFIED THAT SHE WAS NOT INCLUDED AT FIRST, AND SHE CAME TO THE TABLE AND THE WHOLE NEIGHBORHOOD CAME TO THE TABLE. AND NOW SHE STOOD HERE AND TOLD YOU THAT ALL HER CONCERNS WERE DISCUSSED, NOT ALWAYS MET, BUT DISCUSSED. IT COULDN'T HAVE BEEN MORE OPEN. AND I COMMEND THE MANAGER AND HER STAFF FOR ALLOWING THAT KIND OF EXTRAORDINARY DISCUSSION THAT HAS TAKEN UP EIGHT MONTHS OF THE CITY'S TIME.

Slusher: OKAY. THANK YOU, MR. COFER. THANK YOU.

Mayor Garcia: MR. JOHN BELL. AND FOLLOWING MR. BELL IS -- [ INAUDIBLE ] MR. BELL, WELCOME, SIR.

MEMBERS OF THE AUDIENCE AND CITY COUNCIL, THE STAKEHOLDER PROCESS WHICH I'VE PARTICIPATED IN SINCE LAST NOVEMBER WENT SOMETHING LIKE THIS: WE MET BEFORE CHRISTMAS IN A VERY LARGE GROUP. AFTER CHRISTMAS WE BEGAN TO MEET IN A MUCH SMALLER GROUP THAT INCLUDED NEIGHBORHOOD ASSOCIATES AND CERTAIN ENVIRONMENTAL LEADERS, INCLUDING BILL BUNCH. ONE OF THE THINGS WE TRIED TO DO WAS DETERMINE WHAT COULD BE BUILT OUT THERE AND WHAT COULD -- WHAT WE COULD DO TO MAKE SURE THAT IT WOULD BE ENVIRONMENTALLY SENSITIVE. ONE OF THE FIRST ISSUES THAT WE FACED WAS THE FACT THAT WE WANTED THE -- THE BEAR LAKE PUD WAS THE FIRST ONE MOVING THROUGH THE PROCESS. WE SAID WAIT A MINUTE, LET'S ADD THE REST, THE OTHER 7 HUNDRED ACRES TO THIS PROCESS. AND SO WE WENT TO STRATUS. THEY WERE RELUCTANT, BUT THEY AGREED TO DO THAT SO THAT WE COULD LOOK AT THE PROPERTY AS A HOLE WITH THE OWE-- OWE SO WE COULD USE VARIOUS PIECES OF PROPERTY TO ACHIEVE THE GREATEST BENEFIT FOR THE AQUIFER. THEN THE SMALL GROUP WE FOUND TO OUR DISMAY THAT UNDER S.O.S., UNDER A LEGALLY S.O.S.-COMPLIANT PROJECT THEY COULD BUILD 2 MILLION SQUARE FEET OF COMMERCIAL PROPERTY. WE HAD HOPED THAT IT WOULD BE ABOUT A MILLION SQUARE FEET AND THAT WITH ABOUT $10 MILLION WE WOULD BE ABLE TO BUY THAT DOWN. UNFORTUNATELY, THE STARTING POINT WAS 2 MILLION SQUARE FEET. AT THAT TIME WE KNEW THAT THERE WAS ONLY ONE PLAYER IN THE GAME THAT COULD HELP US, AND THAT WAS THE CITY OF AUSTIN. THEY CAME UP WITH A PACKAGE OF INCENTIVES WHICH HAS BEEN PORTRAYED IN MY OPINION INADEQUATELY AS A SUBSIDY. THEY CAME UP WITH A PACKAGE OF INCENTIVES TO BRING 2 MILLION SQUARE FEET DOWN TO 1 MILLION SQUARE FEET. AS WE CONTINUED THROUGH THE PROCESS, ONE OF OUR MEMBERS DROPPED OUT BECAUSE WE JUST COULD NOT MEET HIS LEVEL OF DEVELOPMENT OUT THERE. HOWEVER, WHAT WE ARE FACED WITH IS EVEN UNDER STRICT S.O.S.-COMPLIANT, WE COULD STILL GET 2 MILLION SQUARE FEET OF COMMERCIAL, SO OUR STARTING POINT HAS COME DOWN TO LESS THAN HALF. IF ANYBODY SAYS THAT THE TRAFFIC IMPACT OF THIS DEAL IS SIGNIFICANT, THEN ALL I CAN SAY IS THAT THE TRAFFIC IMPACT OF AN S.O.S.- COMPLIANT PROJECT WOULD BE TWICE AS BAD. SO THAT'S PRETTY MUCH THE PROCESS, AND IT CONTINUED. WE MET TWO OR THREE TIMES A WEEK BEGINNING SHORTLY AFTER CHRISTMAS. THEN THE CITY JUMPED INTO THE GAME AND WE BEGAN TO MEET IN ADDITION TO THE TUESDAY NIGHT WITH CITY STAFF. THEN THE ZAPCO MEETING STARTED TO MEET WITH NEIGHBORHOODS. THAT WAS AN ADDITIONAL MEETING ONCE A WEEK ON TOP OF THE OTHER MEETINGS. SO AS I SAY, I DREAM ABOUT THIS IN COLOR. AND I AM NEUTRAL ON THE DEAL BECAUSE I HAVE NOT SEEN THE FINAL SETTLEMENT. AND I URGE YOU TO MAKE IT THE BEST POSSIBLE SETTLEMENT THAT IT CAN BE IN THE FAVOR OF THE BARTON SPRINGS AND THE AQUIFER.

Mayor Garcia: THANK YOU, MR. BELL. [ APPLAUSE ] TED SHIFT? IS HE HERE? HE'S REGISTERED WANTING TO SPEAK. DR. DAMON WADE. AND FOLLOWING -- IS THERE TWO DAMON WADES?

THAT'S ME.

Mayor Garcia: OKAY. WELCOME, SIR.

I'M ON THERE TWICE. I JUST MEANT TO BE ON THERE ONCE. THANK YOU, MAYOR GARCIA AND COUNCILS. I'M THE DIRECTOR OF EDUCATION AT THE LADY BIRD JOHNSON WILDFLOWER CENTER. AS I'M SURE YOU'RE AWARE, THE PAST CAN HAVE A PROFOUND EFFECT ON OUR VIEWS ABOUT THE PRESENT. AND WHAT I WANT TO USE MY TIME FOR IS TO TALK ABOUT HOW PEOPLE IN WESTERN SOCIETY TRADITIONALLY THINK ABOUT NATURE, HOW THIS VIEW LINKED TO OUR PAST AND HOW THIS VIEW MIGHT BE DIFFERENT IN THE FUTURE. THERE'S A GROWING BODY OF EVIDENCE IN THE ENVIRONMENTAL LITERATURE THAT ARGUES THAT MANY OF THE ECOLOGICAL PROBLEMS WE FACE TODAY STEM FROM AT STUDIES, VALUES, PER PERCEPTIONS AND BELIEFS THAT ARE PLANNING COMMISSION TO OUR -- T ARE PECULIAR TO OUR WESTERN SOCIETY. -- AND A BELIEF THAT SCIENCE AND TECHNOLOGY CAN AND WILL BE ABLE TO FIX WHATEVER PARTS OF NATURE BECOME DAMAGED OR BROKEN. THIS VIEW OF NATURE CREATES AN ATTITUDE THAT ASSUMES INFINITE RESOURCES, LIMITLESS PROGRESS AND AN UNQUESTIONABLE FAITH IN THE PROBLEM-SOLVING ABILITIES OF SCIENCE. IT IS A DECIDEDLY ANTI-ECOLOGICAL PERSPECTIVE. HOW DID WE ARRIVE AT THIS WORLDVUE? MANY RESEARCHERS THINK THAT IT WAS EXPIRED BY A NUMBER OF FACTORS, USER PEEN EXPANSION INTO A NEW WORLD OF LIMITLESS RESOURCES, BREAKTHROUGHS IN SCIENCE AND TECHNOLOGY. REGARDLESS OF THE CAUSE, THE RESULT OF THIS UTILITARIAN VIEW IS THAT MANY PEOPLE FEEL DISCONNECTED FROM NATURE SIMPLY BECAUSE THEY HAVE LEARNED OVER TIME THAT NATURE EXISTS TO SERVE HUMANS. HUMANS ARE AN EXCEPTION TO THE RULES THAT GOVERN THE REST OF THE BIOLOGICAL WORLD. I PROPOSE AN ALTERNATIVE SET OF VALUES AND PERCEPTIONS ABOUT THE NATURAL WORLD, AND IT'S BECOMING INCREASINGLY POPULAR IN THE ENVIRONMENT AL COMMUNITY. IN THIS VIEW PEOPLE CONSIDER THEMSELVES AN INTRINSIC AND INTERDEPENDENT PART OF NATURE. KNOWN AS THE NEW ENVIRONMENTAL PARADIGM, THIS STEMS FROM THE UNDERSTANDING THAT HUMANS ARE AN INTEGRAL PART OF THE BIOLOGICAL COMMUNITY AND ARE GOVERNED BY THE SAME ECOLOGICAL LAWS THAT GOVERN OTHER SPECIES. THIS IMPLIES MEMBERSHIP IN, NOT COUNCILMEMBER WYNN ONOVER THE NATURAL WORLD. IT RECOGNIZES THE NEED TO LIMIT GROWTH AND ACHIEVE A BALANCE WITH NATURE. I THINK THE AGREEMENT BEFORE YOU WITH THE ITS SIDE BUILDING ENVELOPES, NATIVE PLANT LANDSCAPING, SETBACKS FROM CRITICAL ENVIRONMENTAL FEATURES, OPEN SPACES, RECOGNIZES THE NEED TO LIMIT GROWTH AND ARE ATTEMPTING TO ACHIEVE A BALANCE WITH NATURE, AND I SUPPORT THE AGREEMENT. THANK YOU.

Mayor Garcia: THANK YOU, MR. WADE. [ APPLAUSE ] JANIE WALL, WHO INITIALLY INDICATED THAT SHE DID NOT WANT TO SPEAK, HAS CHANGED HER PREFERENCE AND NOW WANTS TO SPEAK. MS. WALL, WELCOME. WHILE YOU'RE COMING UP, LET ME SAY THAT LINDA HOW, TRAY SALINAS, REBECCA HAYS, CHARLES WALL, JAMES SCHARAF ARE ALSO REGISTERED IN FAVOR OF AND NOT WISHING TO SPEAK. WELCOME.

THANK YOU, MAYOR GARCIA AND COUNCILMEMBERS. YOU I WAS HERE LAST WEEK SPEAKING ALSO IN FAVOR OF THE SETTLEMENT AGREEMENT. AND WHILE -- AS CO-PRESIDENT OF THE APPALOOSA RUN HOMEOWNERS ASSOCIATION, OUR MAIN CONCERN HAD BEEN THE BEAR LAKE PUD, WE SUPPORT THIS-- THESE TWO TRACTS, 107 AND 113, BECAUSE THEY ARE PART OF THIS SETTLEMENT AGREEMENT. AND WE WOULD URGE YOU TO SUPPORT IT ALSO. THANK YOU.

Mayor Garcia: THANK YOU, MS. WALL. LAUREN McARREST THINK. AND FOLLOWING HER IS JESSICA FLARE. McCARTY.

I'M SURE YOU'VE GOTTEN ALL MY LETTERS. I THINK THAT THAT PRETTY MUCH SPEAKS TO THE DETAIL. I JUST WANTED TO SAY THAT I'M IN SUPPORT OF THE ZONING OF 113 AND 107 AS WELL AS THE REST OF THE TRACTS, SPECIFICALLY FOR MANY OF THE REASONS THAT OTHER SPEAKERS HAVE GOTTEN UP BEFORE YOU. I'M A MEMBER OF THE WILDFLOWER CENTER. I THINK IT'S VERY IMPORTANT THAT THE WILDFLOWER CENTER HAS OPEN SPACE AROUND IT. SEVERAL OF THE PROPERTIES ARE RIGHT ON MOPAC AND ARE VERY DEVELOPABLE. I NEED TO ADD TO THAT THAT I LIVE IN CIRCLE C, AND MY PROPERTY BACKS UP TO ONE OF THE TRACTS. AND THOUGH CONSEQUENTLY I HAVE SEEN WHEN I WAS OUT WALKING ONE DAY THE ZONING CHANGE, I HAVE BECOME OF THIS PROCESS SORT OF IN THE MIDDLE AND I'VE BEEN VERY ACTIVE IN TRYING TO UNDERSTAND. I MOVED HERE FROM NEW YORK STATE FIVE YEARS AGO. I HAVE LIVED IN CIRCLE C GOING ON FIVE YEARS. I DID NOT KNOW ANY OF THE HISTORY AND I HAD TO DO A LOT OF CATCHING UP. HAD I KNOWN THEN WHAT I KNOW NOW, I WOULD NOT HAVE BOUGHT PROPERTY ON TOP OF THE AQUIFER. I EVEN HAD TO LEARN ABOUT WHAT THE AQUIFER MEANT TO TEXAS. AND IT WAS QUITE AN EDUCATIONAL EXPERIENCE FOR ME. SO I HAVE JOINED THE WILDFLOWER CENTER, I HAVE BEEN CHANGING OUT MY LANDSCAPING A BIT AT A TIME TO MAKE IT MORE NATIVE PLANTS. AND I JUST ENCOURAGE EVERYONE TO CONSIDER THE PROPOSAL THAT IS ON THE TABLE. WE HAVE WORKED WITH STRATUS AS FAR AS BEING A HOMEOWNER. THEY HAVE BEEN VERY GRACIOUS TO WALK THE PROPERTY WITH US THAT'S BEHIND US. AS IT AFFECTS US AS ADJOINING PROPERTY OWNERS. AND I BELIEVE THAT THEY HAVE BEEN VERY FAIR. THERE HAVE BEEN NO ARGUMENTATIVE CONVERSATIONS. THEY'VE BEEN VERY FORTHCOMING WITH INFORMATION. I DON'T KNOW OF THE HISTORY OF FREEPORT McMORAN, NOR DO I CARE AT THIS POINT. I THINK EVERYONE -- AS I'M SURE WE WOULD NOT WANT TO DIG INTO OTHER PEOPLE'S SKELETONS AT THIS POINT, BUT I DO WANT TO CLOSE AND SAY THAT I URGE YOU TO PLEASE VOTE IN FAVOR OF THIS AS AN ADJOINING PROPERTY AND A RESIDENT AND HOMEOWNER IN CIRCLE C, I BELIEVE IT IS THE BEST SOLUTION TO ALL OF THE ISSUES THAT -- FOR PEOPLE THAT IT CONCERNS. THANK YOU. [ APPLAUSE ]

Mayor Garcia: THANK YOU. JESSICA FLARE? AND FOLLOWING MS. FLARE IS DONALD ABRAMS. WELCOME.

THANK YOU, MR. MAYOR. GOOD EVENING COUNCILMEMBERS AND MAYOR. MY NAME IS JESSICA FLARE. I'M A RESIDENT OF CIRCLE C AND I'M IN FAVOR OF THE ZONING ON 107 AND 113. I TOO FEEL THAT I'VE BEEN THROWN INTO THIS PROCESS. IT STARTED WITH THE ZAPCO MEETING AND BROUGHT MYSELF HERE. I FEEL IT'S NECESSARY WE EDUCATE OURSELVES. AND WHEN YOU'RE A PROPERTY OWNER, ESPECIALLY IF YOU LIVE NEAR UNDEVELOPED LAND. AND GOING THROUGH THE PROCESS, FIRST EMOTIONALLY, BUT LEARNING ALL THE FACTS THAT THEY HAVE PROPERTY RIGHTS TO BUILD AND THEY'RE GOING TO BUILD SOMETHING. WE STARTED TO NEGOTIATE AND GOT OUR CHANCE TO DEAL WITH -- SPEAK TO MR. ARMSTRONG ABOUT THE LAND THAT AFFECTS US AND THEY WERE VERY GRACIOUS IN SETTING BACK THE BUFFER, PUTTING THEM BACK FURTHER AND CREATING HEIGHT LIMITATIONS AND DEED RESTRICTIONS. I GUESS I'M NOT ASKING -- I'M NOT HERE ASKING TO BE SUPER MAN AND TAKE TROOI TO SOLVE ALL THE ENVIRONMENTAL PROBLEMS IN ONE FELL SWOOP. IT'S JUST NOT GOING TO HAPPEN, NOT TODAY, BUT I THINK THE SMALLER STEPS IS WHAT IS GOING TO HELP US ACHIEVE OUR GOALS IN FUTURE. SO YES, I ASK THAT YOU HELP PROTECT THE ENVIRONMENT. I RECOGNIZE THAT THIS SETTLEMENT AGREEMENT THAT YOU HAVE WORKED DILIGENTLY ON IS PART OF ACHIEVING THAT GOAL. SO PLEASE STAY ON THE PATH THAT YOU HAVE. AND I GUESS VOTE IN FAVOR FOR THE SETTLEMENT AGREEMENT. THANK YOU. [ APPLAUSE ]

Mayor Garcia: KEN BLAKEER IS REGISTERED NOT WISHING TO SPEAK. MICHELLE ALLEN -- AND GAVE TIME TO STEVE DRENNER. HE WILL HAVE ENOUGH TIME. AND MR. DONALD ABRAMS. WELCOME, SIR.

THANK YOU, MAYOR. EXCUSE ME. I'M A HOMEOWNER OUT AT CIRCLE C AND I'VE BEEN OUT THERE FOR ABOUT 12 YEARS. I BOUGHT INTO THE NEIGHBORHOOD DEVELOPMENT AND I STILL BELIEVE IN IT. AS A MEMBER OF THE STEERING COMMITTEE, THE HOMEOWNERS ASSOCIATION, I WOULD TO MENTION THE ONLY BONA FIDE HOMEOWNERS ASSOCIATION OUT THERE, WE HAVE TAKEN AN OPPORTUNITY TO BE STEWARDS OF OUR OWN LAND. WE'VE LOOKED AT THIS PROPERTY, WE'VE DONE ALL WE CAN TO PROTECT THE PROPERTY. WE'RE NOT OUT TO POISON ANYBODY'S AQUIFER, WE'RE NOT OUT TO DESTROY ANYTHING. WE DO HAVE PROPERTY RIGHTS. WE'RE OUT THERE TO DEVELOP A PLAN THAT WE ALL WANT AND WE LOOK FORWARD TO GROWTH. THE CITY WANTS TO GROW, THE CITY HAS TO GROW. THEY'RE ENCOURAGING PEOPLE TO COME OUT HERE AND AT SOME POINT PEOPLE ARE GOING TO HAVE TO LIVE AT SOME PLACE. AND YES, THE AREA OVER THE OFFER WILL BE AFFECTED. THE QUESTION IS HOW CAN WE DO THIS IN AN INTELLIGENT MANNER THE MEETS THE NEEDS OF ALL PARTIES CONCERNED. IF ANYBODY THINKS THAT WE'RE GOING TO TRASH THIS AREA, THEY'RE JUST WRONG. SOME OF THE THINGS I READ IN THE PAPER CLEARLY INDICATE THAT WE'RE VILIFIED BY THE FACT THAT WE'RE GOING TO COME OUT THERE AND DESTROY THIS AQUIFER. I THINK THERE'S PROBABLY A LOT MORE ISSUES AND PROBLEMS THAT HAVE TO BE ADDRESSED. SPEAKING OF TRACT 107, I WANT TO SAY THAT THE THINGS NOAKTED ARE WHOLLY PROAMENT FOR THAT AREA. I KNOW THERE ARE SOME SIGNIFICANT ECOLOGICAL AND ENVIRONMENTAL ISSUES OUT THERE, BUT THE NEGOTIATIONS HAVE DONE A GREAT DEAL TO ADDRESS THOSE PARTICULAR ENVIRONMENTAL CONCERNS. THE SETBACKS AND THE OTHER DEED RESTRICTIONS THAT THEY'RE GOING TO ENFORCE IN THE SETTLEMENT AGREEMENT ADDRESS ALL THOSE AREAS. AS I MENTIONED EARLIER, THE AREA IS GROWING. PEOPLE WANT TO -- PEOPLE WANT TO COME TO AUSTIN. HAVING BEEN HERE FOR 12 YEARS, I'VE SEEN THE POPULATION JUST BOOM. PEOPLE HAVE TO GO SOMEPLACE AND WE HAVE TO DEVELOP IN A SMART AND INTELLIGENT FASHION. I THINK THE CITY STAFF HAS DONE A GREAT DEAL TOWARDS PROVIDING A MECHANISM FOR THAT SMART GROWTH AND ALLOWING FOR THE AREA TO BE DEVELOPED APPROPRIATELY SO THAT THE BEST CAN BE DONE FOR ALL PARTIES CONCERNED. WITH THAT I WOULD ENCOURAGE YOU TO SUPPORT BOTH CONDITIONS BEFORE YOU TONIGHT AND THANK YOU FOR YOUR CONSIDERATION.

Mayor Garcia: THANK YOU, MR. ABRAMS. MICHELLE HOUSEMAN, LISA CASPER, STEVE BARTLETT AND MARK MAYBAUM ARE REGISTER THE IN FAVOR OF NOT WISHING TO SPEAK. SWAN HOOVER? AND FOLLOWING MS. HOOVER IS JIM O'RILEY.

HI. I WOULD LIKE IT IF MY NAME WAS SWAN BECAUSE IT'S A LITTLE MORE EXOTIC THAN SUSAN. I'M SUSAN HIEWFER. THAT'S OKAY. I CAN'T WRITE. HOOVER.

Mayor Garcia: SORRY ABOUT THAT.

I'VE LIVED IN CIRCLE C SINCE 1989. I KNOW MANY OF YOU THROUGH THE NUMEROUS TIMES I'VE BEEN HERE TO SPEAK ON VARIOUS ISSUES. AND I KIND OF HAVE THREE DIFFERENT POINTS TO MAKE TONIGHT. I'M IN SUPPORT OF THIS AGREEMENT. I'VE BEEN INVOLVED FOR A NUMBER OF MONTHS ON SOME VERY SPECIFIC ASPECTS, WHICH INVOLVE DEED RESTRICTIONS AND SOME OF THE BUILDING STANDARDS THAT WE HAVE HAD THE OPPORTUNITY TO ADOPT AS PART OF THE OVERALL AGREEMENT. THIS HAS BEEN ONE OF MY SPERNLTS IN DEALING -- SPERNLTS IN MY CAPACITIES OF DEALING WITH CIRCLE C. AND THE DOCUMENTS THAT STRATUS HAS AGREED TO ARE ABSOLUTELY PHENOMENAL IN TERMS OF THE STRICTNESS OF THE RESTRICTIONS, AND I'M OOIM NOT SURE THAT YOU'RE AWARE OF THOSE DETAILS BECAUSE IT'S GOING TO WORK THROUGH A PRIVATE PROPERTY OWNERS ASSOCIATION. THEY'VE BEEN WORKING ON THE GREEN BUILDING PROGRAM. I BELIEVE THAT PROGRAM WILL SET A NATIONAL STANDARD, PUT AUSTIN ON THE MAP FOR HAVING A COMMERCIAL DEVELOPMENT IN A MASTER PLANNED COMMUNITY THAT ADHERES TO VERY, VERY INTERESTING ENVIRONMENTAL CONCEPTS THAT HAVE BEEN DEVELOPED OVER THE LAST 20 YEARS. IN ADDITION TO THAT, THE DEED RESTRICTIONS ADDRESS THE AS AT THE TIME TICKS OF THE -- AS AT THE TIME TICKS OF THE COMMUNITY. WE'RE DOWN TO THE DETAILS OF WHERE YOU PUT THE DUMPSTERS, WHEN YOU EMPTY THE DUMPSTERS, WHAT COLOR THE BUILDINGS CAN BE, VERY RESTRICTED SIGNAGE. A COMPLETE COMMITMENT TO A HILL COUNTRY TYPE OF AESTHETIC ARCHITECTURE. AND THAT'S MY BACKGROUND. THAT'S SOMETHING THAT I THINK WILL BE A TREASURE IN TERMS OF HAVING A MASTER PLANNED COMMUNITY WITH EXEMPLARY DEVELOPMENT THAT MEETS THE HIGHEST ENVIRONMENTAL STANDARDS. THE SECOND THING IS THE CIRCLE C M.U.D.S WERE FORMED IN THE EARLY '80S ALONG WITH MAPLE RUN AND THE VILLAGE OF WESTERN OANGZ. AND THOSE M.U.D.S WERE FORMED WITH CERTAIN DEVELOPMENT RIGHTS UNDER THE LOWER WATERSHED ORDINANCE. AND ALL OF THOSE M.U.D.S HAVE BEEN ANNEXED AND MAPLE RUN AND THE WESTERN OAKS RECEIVED PRETTY MUCH ALL OF THEIR ZONING AT THAT TIME AND THEY WENT ON TO BE DEVELOPED AS VERY HIGH DENSITIES AND NOT ANYTHING CLOSE TO S.O.S. OR EVEN THE STANDARD BECAUSE OF THEIR GRANDFATHERED RIGHTS. AND WITH VERY LITTLE PARTICIPATION THAT WAS OBVIOUS IN A PUBLIC MANNER BECAUSE OF HOW THAT WAS SET UP. CIRCLE C HAS BEEN RIGHT AT THE CENTER OF A MILLION YEARS OF CONTROVERSY IN THIS REGARD, AND KIND OF IRONICALLY THE -- THE BIGGEST, BADEST DEVELOPERS ARE GOING TO BE THE ONES THAT WILL REALLY TRY TO COMPLY MOST CLOSELY WITH THE STANDARD THAT YOU ALL HAVE SET SINCE THE EARLY SNOOIRNTS IN TERMS OF -- SNOOINS '90'S IN TERMS OF S.O.S. AND PERSONALLY HAVING WATCHED THE HEARINGS THIS TIME, JACKIE AND DARRYL HAVE COMMITTED THEIR LIVES TO MOVING OUR CITY FORWARD IN AN ENVIRONMENTAL SENSE. AND IT'S BEEN SINCE THE EARLY '80'S THAT WE WERE OUT ON THE FOREFRONT IN THE BEST WAY THEY COULD ADVOCATING, TAKING CARE OF THE AQUIFER, AND RAISING PUBLIC AWARENESS. AND WITH THE ADVENT OF THE S.O.S. ORDINANCE, AUSTIN PUT ITSELF ON THE MAP IN DISTINGUISHING ITSELF AS A CITY THAT CARED TREMENDOUSLY ABOUT THE ENVIRONMENT AND WAS WILLING TO ENTER INTO A RM WHOLE SERIES OF LAWSUITS AND CONTROVERSY TO PROTECT THE AQUIFER AND TO ENHANCE OUR ENVIRONMENT. AND THAT CHANGED THE CITY OF AUSTIN. AND THE SECOND CHANGE WAS WITH THE ENVIRONMENTAL COMMUNITY'S AWARENESS THAT THE BEST WAY TO PROTECT EVERYTHING WAS TO PROBABLY PURCHASE IT, WHICH ELIMINATED A LOT OF THE MONEY AND TIME THAT WAS BEING SPENT ON LAWSUITS AND ARGUING. AND IN SOUTHWEST AUSTIN WITH PROP 2, THE CITY HAS GAINED CONTROL OF OVER 8,000 ACRES THAT IMMEDIATELY SURROUND CIRCLE C RANCH. AND I'VE BEEN ON THE COMMITTEE FOR WHAT MIGHT HAPPEN -- YOU KNOW, THE PUBLIC USE OF THAT LAND IN TERMS OF HIKE AND BIKE TRAILS OR SOMETHING LIKE THAT, BUT I THINK THAT ACHIEVEMENT IS A JEWEL IN THE CROWN OF AUSTIN AND THAT THE COUNCILS THAT HAVE SAT HERE OVER THE PAST 10 YEARS HAVE MADE SO MUCH PROGRESS AND HAVE BEEN SO COMMITTED. AND SO WHAT WE END UP WITH HERE IS A RELATIVELY -- THE LAST PART OF CIRCLE C IS 12 HUNDRED ACRES THAT STRATUS HAS THAT HASN'T BEEN ZONED. AND WE DID ASK FOR ZONING SEVERAL YEARS AGO WHEN WE WERE ANNEXED, WE FINALLY MADE IT THROUGH THE BRADLEY SETTLEMENT AND HAVE WANTED TO FINALIZE THE MASTER PLAN. AND YOU HAVE NOW BOTH DEVELOPERS THAT HAVE AGREED TO DO THIS TO A STANDARD THAT THIS COMMUNITY HAS SET. AND FOR THOSE OF YOU THAT HAVE WORKED ON THIS ALL SO HARD, INSTEAD OF BEING RUN DOWN BY PEOPLE WHO NO LONGER IS THIS ORDINANCE GOOD ENOUGH AND NOTHING'S GOOD ENOUGH, I THINK YOU OUGHT TO BE CELEBRATING YOUR ABILITY TO CONVINCE AN ENTIRE CITY TO GO WITH THE PLAN THAT HAS BENEFITTED ALL OF US AND THAT YOU ARE UNDERACKNOWLEDGED FOR THE SIGNIFICANT AMOUNT OF PROGRESS THAT HAS MADE. [ONE MOMENT, PLEASE, FOR CHANGE IN CAPTIONERS] 9:02. [9:03]

CURRENTLY AT CIRCLE C I'M IN CHARGE OF THE LANDSCAPE MAINTENANCE OF THE COMMONS AREA FOR THE LICENSING AGREEMENT WE HAVE WITH THE CITY OF AUSTIN. THIS IS 93 ACRES OF LAND, IT'S HUGE. BUT DARYL, THE WILDFLOWER CENTER, THE AUSTIN WATER CONSERVATION PROGRAM AND GREEN GARDENING PROGRAM, WE HAVE STUDIED EVERYTHING AND ADOPTED ALL THE PRACTICES THAT WE CAN FIND. WE NO LONGER USE FERTILIZER WITH NITROGEN. WE USE NO PESTICIDES EXCEPT FOR FIRE ANT KILLER. WE USE CORN GLUTEN TO CONTROL WEEDS. SOME OF THE STUFF PEOPLE HAVE SAID IS MISINFORMATION. BUT WE REALLY ARE COMMITTED TO LIVING LIGHTLY. WE HAVE BEGUN TO PUT IN ALL OF OUR NEW HOMEOWNER PACKETS A WEALTH OF INFORMATION ABOUT HOW TO TREAT YOUR INDIVIDUAL YARDS. WE'RE THERE FOR ADVICE AND WE REFER PEOPLE TO THE CITY. AND SO I BASICALLY WANT TO THANK YOU FOR YOUR EFFORTS, AND I DON'T THINK THEY SHOULD BE NEGATED IN ANY WAY. THEY HAVE BEEN SO SUBSTANTIAL. WE WOULD LIKE TO WRAP THIS UP AND MOVE FORWARD WITH THE SETTLEMENT AGREEMENT, AND WE THINK IT'S EXCELLENT AND WILL AGAIN CONTRIBUTE TO THE UNIQUENESS AND SPECIALNESS OF AUSTIN. THANK YOU. [APPLAUSE]

Mayor Garcia: THANK YOU, MS. HOOVER. JIM -- RILEY. FOLLOWING MR. KEN RIGSBY. SOME OF THE PEOPLE CHOSEN NOT TO SPEAK, CARL CAPALINO AND CHUCK MCDONALD. MR. O'REILLY, WELCOME.

THANK YOU. VERY MUCH PRESSURE THE OPPORTUNITY TO SPEAK IN FRONT OF YOU -- APPRECIATE THE OPPORTUNITY TO SPEAK. YOU'VE HEARD FROM NUMEROUS PEOPLE AND I'LL TRY AND BE BRIEF AND MAYBE ADD A NEW TWIST. I'M NOT SURE I CAN AT THIS POINT, BUT MY ASSOCIATE, SUSAN HOOVER, WENT ON IN DETAIL IN TERMS OF SOME OF THE THINGS THAT THE HOMEOWNERS TRIED TO ACHIEVE IN TERMS OF OUR SETTLEMENT AGREEMENT WITH STRATUS TO ENDORSE THIS PROJECT. AND THE BOTTOM LINE WITH EVERYTHING THAT WE'VE DONE THERE IS TO ENHANCE THE VALUE OF THE PROPERTY OUT AT CIRCLE C. AS WELL AS PROTECT THE ENVIRONMENT AT THE SAME TIME. CURRENTLY, AND THESE ARE ESTIMATES, SO PLEASE DON'T HOLD ME TO THIS, BUT CURRENTLY THERE'S ABOUT 27 0 HOMES IN CIRCLE C. ROUGHLY THE VALUE OF THOSE HOMES ARE $225,000 APIECE. I STAND BEFORE YOU REPRESENTING $600 MILLION WORTH OF PROPERTY VALUE. AISD GENERATES NEARLY $10 MILLION A YEAR FROM THE HOMES IN CIRCLE C. THE CITY OF AUSTIN, AGAIN, THESE ARE ESTIMATES, BUT ABOUT $2.5 MILLION A YEAR IS DERIVED FROM THE TAX BASE OUT IN CIRCLE C. TRAVIS COUNTY ANOTHER 2.7. ACC ABOUT $300,000 A YEAR. I WOULD SUGGEST TO YOU THAT ALL THE FINE WORK THAT WE'VE HEARD THAT THE CITY STAFF HAS DONE, AND I AGREE, ALL THAT COSTS MONEY. ALL THE PROTECTION OF THE AQUIFER EVERYONE IS CONCERNED ABOUT, THE CIRCLE C HOMEOWNERS, THE OPPOSITION TO THIS SETTLEMENT, ALL OF THAT TAKES MONEY. THE LIGHTS HERE TONIGHT SO WE CAN TELEVISE THIS TO THE REST OF THE RESIDENTS OF AUSTIN, ALL THAT COSTS SOMETHING. WE'VE FOUGHT ABOUT THIS FOR THE LAST 15 YEARS. HAD WE BEEN ABLE TO MOVE FORWARD AT A QUICKER PAYS, I THINK THAT WE MAY HAVE A -- MORE OF A TAX BASE OUT THERE RIGHT NOW, ESPECIALLY IN A TIME WHEN THE CITY IS IN A BUDGET CRISIS. I THINK THAT THE TYPE OF PROPERTY THAT WE'RE GOING TO SEE STRATUS DEVELOP THROUGH THIS SETTLEMENT AGREEMENT WILL ENHANCE, AGAIN, THE PROPERTY VALUE AND THE TAX BASE OF THE CITY OF AUSTIN, AND DO IT IN A ECOLOGICALLY FRIENDLY WAY AND A WAY I'M SATISFIED WITH AS BEING THE PRESIDENT OF THE HOMEOWNERS ASSOCIATION THAT, AGAIN, THE VALUE OF OUR HOMES OUT THERE WILL CONTINUE TO RISE. ONE LAST POINT I'LL MAKE. WE TALK ABOUT DOLLARS AND CENTS AND PROTECTING THE ENVIRONMENT AND THAT KIND OF THING. AND PEOPLE HAVE ASKED ME NUMEROUS TIMES, YOU NOTICE, WHAT'S YOUR STAKE IN THIS THING? HOW CAN YOU BE SO COMMITTED TO THIS? YOU ARE CLEARLY GETTING MONEY FROM JIM BOB MOFFETT OR BOW ARMSTRONG OR STRATUS OR GARY BRADLEY OR WHATEVER. I'VE GOT A HUGE SWISS BANK ACCOUNT, TRUST ME. [LAUGHTER] BUT I THINK AT THE END OF THE DAY, YOU KNOW, I'M GOING TO WALK AWAY FROM THIS AND BE EXTREMELY PROUD IN TERMS OF WHAT I'VE BEEN ABLE TO DO TO HELP PUT THIS BEHIND US IN TERMS OF A CITY, AND THEN I THINK WE'VE GOT A REAL JEWEL WITHIN CIRCLE C. THE LADY BIRD JOHNSON WILDFLOWER CENTER. WE'VE GOT A NATIONAL TREASURE WITH LADY BIRD JOHNSON. THE VISION SHE HAD TO CREATE THIS TYPE OF CENTER, AND TO THE EXTENT THAT I PLAYED A VERY SMALL PART IN THE FURTHERING OF THEIR MISSION, I'M GOING TO BE ABLE TO SLEEP SOUNDLY AT NIGHT. SO AGAIN, I THANK YOU VERY MUCH FOR YOUR TIME. IT'S A VERY STRESSFUL AND UNAPPRECIATED POSITION IN WHICH YOU ARE ALL IN, BUT I DO APPRECIATE IT AND ASK FOR YOUR SUPPORT. THANK YOU.

Mayor Garcia: THANK YOU, MR. O'REILLY. [APPLAUSE]

Mayor Garcia: MR. KEN RIGSBY AND FOLLOWING MR. RIGSBY IS TAMMY GRAY.

MR. MAYOR, MAYOR PRO TEM, MY NAME IS KEN RIGSBY. I'M HERE ON BEHALF OF THE CIRCLE C HOMEOWNERS ASSOCIATION AS WELL. FIRST I WANT TO COMMEND THE COUNCIL ON ESTABLISHING WHAT I THINK IS A REASONABLE METHOD OF TAKING PUBLIC INPUT NECESSARY FOR AN ULTIMATE DECISION BY THE COUNCIL. I THINK THAT'S A PRUDENT USE OF TIME AND I COMMEND YOU. I ALSO WANT TO COMMEND THE CITY STAFF AND ALL OF THE RESPECTIVE PARTIES THAT WERE REPRESENTED IN EACH OF THE NEGOTIATING SESSIONS AND DISCUSSIONS SESSIONS WITH THE VARIOUS STAKEHOLDERS. I HATE TO SAY IT BECAUSE IT TOOK SO LONG AND IT WAS SUCH HARD WORK, BUT I THINK THAT'S THE PROTOTYPE ON HOW THESE THINGS OUGHT TO BE DONE. YOU OUGHT TO GET EVERYBODY THAT HAS A DOG IN THE FIGHT TOGETHER AND WORK IT OUT AND NEGOTIATE IT. I THINK THIS KIND OF SETTLEMENT AGREEMENT MAY INDEED BECOME THE PROTOTYPE FOR PLANNING OF MAJOR LAND DEALS IN THIS AREA. I HOPE IT DOES. WITH RESPECT TO THE TWO PARCELS THAT ARE ON THE AGENDA TONIGHT, I SUPPORT WHAT IS PROPOSED ON THE ZONING FOR BOTH. I RAISED A COUPLE OF CONCERNS ON BEHALF OF THE HOMEOWNERS TO STRATUS AND LISTENED TO THEM. I'M CONCERNED ABOUT TRAFFIC, ALL OF WHICH WILL FEED FROM SLAUGHTER ON THE PLAT THAT'S ON THE INTERSECTION OF THE SOUTHWEST CORNER OF MOPAC AND SLAUGHTER. AND I'M CONCERNED ALSO ABOUT MAINTAINING AMPLE PARKING SPACE AND ACCESS SPACE ON THAT PARTICULAR SITE FOR A MAJOR FACILITY. I UNDERSTAND IT'S BEEN ZONED FOR UPWARDS OF 50,000 SQUARE FEET, WHICH I BELIEVE IS APPROPRIATE AND WILL FIT INTO THAT AREA. DEPENDING ON STAFF TO TELL ME THAT. I DID RAISE THOSE TWO CONCERNS. WITH RESPECT TO THE PARCEL THAT'S BEING DEDICATED TO THE WILDFLOWER CENTER, I THINK THAT'S SPLEND SPLENDID. I APPRECIATE THIS OPPORTUNITY TO SPEAK TO YOU AGAIN. I HOPE WE DON'T HAVE TO SPEAK TO YOU ANY MORE ON THIS ISSUE. THANK YOU VERY MUCH.

Mayor Garcia: THANK YOU, MR. RIGSBY. [APPLAUSE] TOMMY GREG AND FOLLOWING MS. GREG WILL BE MELISSA H HAYNES AND MR. BEN BOCKMAN REGISTERING, NOT WISH TO GO SPEAK. MS. HAYNES, WELCOME.

GRECO OR HAYNES? I'M TAMMY GRECO.

Mayor Garcia: I HAVE THE NEXT SPEAKER AS MELISSA HAYNES. WHAT IS YOUR NAME?

TAMMY GRECO.

Mayor Garcia: GO AHEAD.

THREE QUICK THINGS. THERE'S A CERTAIN -- I'M A HOMEOWNER IN CIRCLE C NORTH, AND I AM IN SUPPORT OF THE ENTIRE DEAL WITH STRATUS AND IN PARTICULAR TONIGHT THE TWO THAT ARE ON THE BOARD FOR TRACTS 107 AND 113. THERE IS A CERTAIN PERSON IN CIRCLE C WHO HAS STARTED HER OWN NEIGHBORHOOD ASSOCIATION ON THE CLAIM THAT THE HOMEOWNERS ASSOCIATION, THE REAL HOMES ASSOCIATION HASN'T BEEN THERE FOR THE HOMEOWNERS. I WOULD FIRST LIKE TO NEGATE THAT COMPLETING. I'VE BEEN THERE SINCE SEPTEMBER. I THINK THE HOMES HAS BEEN WONDERFUL IN NEGOTIATING EXCELLENT DEED RESTRICTIONS AND BEING VERY SUPPORTIVE AND VERY ACTIVE IN COMMUNICATING THEIR GOALS AND WHAT HAS HAPPENED. THEY'VE HAD MEETINGS TSHS CITY HAS ATTENDED TO GIVE US ADDITIONAL INPUT AND I WOULD SAY WE PROBABLY GET ANYWHERE FROM TWO TO FIVE E-MAILS A WEEK WITH UPDATES ON THE PROCESS. SO I WOULD IMPLORE YOU TO BELIEVE THAT THEY ARE THERE FOR US AND THEY ARE DOING A GREAT JOB AS WELL AS THE CITY AND STRATUS. REGARDING THE TWO TRACTS ON THE BOARD, 107, MY PLOY WOULD BE I'VE HEARD THAT'S A POSSIBLE SITE FOR A GROCERY STORE. AMEN, WE NEED IT SO BAD. THERE ARE SO MANY NEIGHBORHOOD ASSOCIATIONS, AUSTIN IS GOING TO EXPAND IN THE SOUTHWEST, WE CAN'T SUPPORT THE NEIGHBORHOODS THAT ARE OUT THERE ALREADY WITH THE TWO GROCERY STORES CLOSEBY. IF NEED ONE, IF THAT COULD BE APPROVED TORE THIS POSITION, THAT WOULD BE WONDERFUL. THE SECOND PORTION IS THE WILD FLOWER CENTER. TO ME THAT'S A GREAT SOURCE OF BEAUTY, RECREATION AND EDUCATION AND BY GIVING THEM ADDITIONAL SPACE IT ALLOWS THEM TO EXPAND ON THOSE WONDERFUL THINGS THEY GIVE TO THE CITY OF AUSTIN. THANK YOU AND I IMPLORE YOU TO VOTE FOR THESE TWO AND THE ENTIRE SETTLEMENT.

Mayor Garcia: THANK YOU, MS. GREG. [APPLAUSE] MELISSA HAYNES AND BEN BOCKMAN REGISTERED NOT WISH TO GO SPEAK, AND KATHRYN RUSSELL BLUFF AND LUPE [INAUDIBLE] AND LARRY CALDESTY. THE LAST SPEAKER JEFF KESTLE.

I WANT TO MAKE IT CLEAR I'M AGAINST STRATUS AND THIS PROPOSAL. I BELIEVE THAT THERE HAS NOT BEEN ENOUGH COMPREHENSIVE CONSENSUS FROM THE PUBLIC OF AUSTIN FOR USING TAXPAYERS' DOLLARS. [APPLAUSE]

Mayor Garcia: MA'AM, THIS SECTION OF THE HEARING IS FOR PEOPLE THAT ARE IN FAVOR.

I'M SORRY, WELL, I DID MARK THAT I'M AGAINST.

Mayor Garcia: WELL --

I'M SORRY FOR THE CONFUSION. I'LL COME BACK UP THEN. I THOUGHT I MADE THAT CLEAR. I'M SORRY. [APPLAUSE]

[INAUDIBLE].

Mayor Garcia: WHO?

[INAUDIBLE].

Mayor Garcia: OKAY. YOU ARE AGAINST. OKAY. THAT'S ALL THE SPEAKERS REGISTERED IN FAVOR, THEN. SO MELISSA HAYNES AND JEFF KESTL REVMENT E ARE AGAINST, CORRECT?

CORRECT.

Mayor Garcia: MR. BUNCH, IF YOU COULD COME UP FOR JUST A MINUTE. IS MR. BUNCH HERE?

YES, HE IS. HE'S COMING RIGHT UP. [INAUDIBLE]

Mayor Garcia: YES.

HAVEI HAVE THE LIST HERE.

YOU DON'T HAVE MY LIST. WE HAVE 60 MINUTES ALLOCATED FOR PEOPLE TO SPEAK. OUT OF 188 PEOPLE REGISTERED TO SPEAK --

Mayor Garcia: I WILL READ ALL OF THEIR NAMES INTO THE RECORD. OKAY. NO, WE'RE NOT TAKING THE TIME AWAY. WILL YOU HAVE YOUR 60 MINUTES. WILL BUNCH, COULD YOU COME UP TO THE MIKE. SINCE YOU HAVE MORE THAN THE NUMBER OF SPEAKERS THAT SHOULD BE ACCOMMODATED IN AN HOUR, HOW DO YOU WANT TO HANDLE THIS?

WELL, I MEAN, FIRST, MR. MAYOR, THESE ARE CITIZENS.

Mayor Garcia: I UNDERSTAND. [APPLAUSE]

I DON'T CONTROL THEM AND I CAN'T SPEAK FOR THEM. [APPLAUSE]

Mayor Garcia: I UNDERSTAND THAT. BUT YOU UNDERSTAND THE ESSENCE OF THE MOTION PASSED BY THE COUNCIL, CORRECT?

I DO, AND I THINK WE'VE MADE A GOOD FAITH EFFORT TO ORGANIZE OUR TIME PURSUANT TO THAT MOTION, BUT I ALSO THINK THAT THAT IS STILL SHORTCHANGE AGO LOT OF PEOPLE WHO ARE NOT GOING TO BE ABLE TO SPEAK OR WHO ARE ONLY GOING TO HAVE A LIMITED AMOUNT OF TIME.

Mayor Garcia: I UNDERSTAND THAT. I'LL START CALLING THEM AND WHEN THE 60 MINUTES ARE UP, WE'LL STOP. OKAY?

Audience: NO.

NO, NO, NO.

Mayor Garcia: OKAY. [INAUDIBLE]

Mayor Garcia: HERE WE GO. THEY GAVE ME A LIST THAT THEY HAVE DEVELOPED THAT ADDS UP TO 60 MINUTES. MR. TIM JONES WILL BE FIRST FOR THREE MINUTES. BECKY MORRIS IS SECOND FOR SIX MINUTES. SUSAN STEF FIELD SHEFFIELD ON FOR HALF A MINUTE. MR. JONES.

GOOD EVENING, I'M TIM JONES, VICE CHAIR OF THE CITY OF AUSTIN ENVIRONMENTAL BOARD. I'M SPEAKING FOR MYSELF. I BELIEVE THAT THIS AGREEMENT IS THE MASK OF A BEAUTIFUL WOMAN ON THE FACE OF A GORILLA. [LAUGHTER] PARAGRAPHS O HAVE ANYTHING AGAINST GORILLAS OR BEAUTIFUL WOMEN. I BELIEVE IT WOULD BE BEST FOR YOU AND BEST FOR THE ECOLOGY, THE BARTON SPRINGS EDWARDS AQUIFER FOR YOU TO ADOPT A MORATORIUM ON NEW DEVELOPMENT APPROVALS -- [APPLAUSE] -- AND/OR UPZONING OR THE RECHARGE ZONE WITHIN THE CITY'S JURISDICTION INSTEAD OF GOING FORWARD WITH THE STRATUS/CIRCLE C AGREEMENT. AFTER CONSIDERABLE PARTICIPATING IN THE STRATUS, CIRCLE C PROCESS, AN INVESTIGATOR FOR THE BARTON SPRINGS ASSOCIATION AND THE ENVIRONMENTAL BOARD, THE ADDITION OF LANGUAGE I CAN CRITICAL TO THIS AGREEMENT AND CONTINUED REFLECTION ON THE MERITS OF OUR ACTIONS, I'VE COME TO THE CONCLUSION THAT THE CITY SHOULD RECONSIDER THIS DEVELOPMENT AGREEMENT AND ONLY REZONE THE BEAR LAKE P.U.D. PORTION OF THE PROPERTY AS CURRENTLY ON THE TABLE. AND WITHDRAW THE REMAINING ZONING CASES REGARDING CIRCLE C/STRATUS -- OR STRATUS/CIRCLE C PROPERTIES. I'VE PREVIOUSLY E-MAILED YOU MY RATIONALE. I'M SURE THAT'S ON YOUR TABLE. I'M SURE MANY OF YOU HAVE REVIEWED THAT AND I'VE GOTTEN REPLIES ON THAT. THE CRUX OF(HOSE THOUGHTS ARE AN ENORMOUS STREAM OF TRAFFIC WILL BE MOVING OVER THE CENTER OF THE RECHARGE ZONE CONTRIBUTE AGO HUGE LOAN O NITROGEN, PAHs AND HEAVY POLLUTION INTO THE STREAMS CROSSING UNDER LOOM 1 AND BRODIE LANE RECHARGING THE AQUIFER. ADEQUATE MITIGATION FOR WATER QUALITY ADDRESSING THIS POLLUTION IMPACT IS SADLY LACKING. WILLIAM CANNON BOULEVARD AND LOOP 360 INTER SEXES WITH LOOP 1 AND THE BRIDGES CREATE CHRONIC IMPACT ON WATER QUALITY AND POSE SIGNIFICANT RISKS TO BARTON SPRINGS. TRAFFIC TO THIS DEVELOPMENT WILL SIGNIFICANTLY INCREASE THAT POLLUTION IMPACT. THE EVER INCREASING THREAT OF TRAFFIC ACCIDENTS DUMPING GASOLINE INTO THE AQUIFER IS LIKE A SKIN CANCER LEE SUN THAT WON'T HEEL BUT GETS LARGER EVERY DAY. THE CURRENT -- OVER A MUCH GREATER PORTION OF THE AUSTIN TRANSPORTATION SYSTEM OVER THE AQUIFER. I BELIEVE A MORATORIUM ON FUTURE DEVELOPMENT APPROVALS OVER THE BARTON SPRINGS RECHARGE ZONE WITHIN THE CITY'S JURISDICTION IS WARRANTED CONSIDERING RECENT UNRESOLVED AND UNDESIRABLE DEVELOPMENTS REGARDING THE SALAMANDER AND POTENTIAL RISKS FOR HUMAN HEALTH. I ASK THAT THIS DEVELOPMENT MORATORIUM CONTINUE NOT IN MORE THAN THREE YEARS AND UNTIL RIGOROUS SCIENTIFIC VESTS HAVE ESTABLISHED THE CAUSE OF THE GAS BUBBLE DISEASE CURRENTLY OCCURRING IN THE BARTON SPRINGS SALAMANDER. [APPLAUSE] AND A SCIENTIFICALLY VERIFIABLE MITIGATION PLAN INCLUDING REGIONAL DEVELOPMENT PLANNING, REGIONAL AND ROADWAY STORM WATER RUNOFF MITIGATION ACTION AND THE ELIMINATION OF THE ADDITION OF HAZARD CUSS CHEMICAL AMENDMENT SUCH AS AT TROA DISBLEEN TO LAWNS AND GOLF COURSES IS DEVELOPED AND CODIFIED SUFFICIENT TO ESTABLISH A REASONABLE DEGREE OF CERTAINTY THAT THE BARTON SPRINGS -- THAT BARTON SPRINGS WILL CONTINUE IN ITS NATURAL AND TRADITIONAL CHARACTER AS VIABLE HABITAT FOR THE BARTON SPRINGS SALAMANDER AND THE PEOPLE WHO ENJOY THOSE WATERS. THANK YOU. [APPLAUSE] [CHEERS AND APPLAUSE]

COULD YOU PLEASE HELP PEOPLE MANAGE THEIR TIME BECAUSE I THOUGHT YOU WERE GOING TO INFORM HIM WHEN HIS TIME WAS UP.

Goodman: WELL, I COULD HAVE WAVED AT HIM, BUT I DON'T KNOW IF THE BUZZER CAN SET, AND WE DO NEED TO STOP THE CLOCK AT 56. DO YOU WANT TO TRY TO BUZZ EVERYBODY?

[INAUDIBLE].

THE SPEAKER NEEDS TO KNOW THAT THE TIME WE GAVE THEM HAS EXPIRED. ALSO A LOT OF FOLKS WHO WERE EXPECTING TO SPEAK ARE NOT --

Goodman: WELL, YEAH, I UNDERSTAND THAT AND TIM WENT A MINUTE OVER. DO YOU WANT TO HAVE THE -- IT IS KIND OF DISTRACT TO GO HAVE THE BUZZER GO OFF. DO YOU WANT TO HAVE SOMEBODY, LIKE, WAVE OR SOMETHING? LET THE BUZZER GO OFF. OKAY. WE'LL DECIDE. LET THE BUZZER GO. SO BACK IN THE BOOTH WE'LL TIME ACCORDING TO WHAT'S ON THIS PAPER. BECKY MORRIS IS SIGNED UP FOR SIX MINUTES. AND THAT WILL BE FOLLOWED BY SUSAN SHEFFIELD, WHO HAS A HALF MINUTE, 30 SECONDS. MIKE BLIZZARD SIX MINUTES. STEVE BEERS FOUR MINUTES. AND THEN WE'LL PICK UP AFTER THAT. SO DO YOU GUYS HAVE THAT? BACK IN THE BACK? ROBERT? HELLO.

IS THERE SOME EXTRA TIME RIGHT NOW, COUNSELOR?

Goodman: NO, THE CLOCK IS NOT TICKING AT THIS MOMENT SO NOBODY'S TIME IS BEING USED UP. OKAY, AFTER TIM WE HAVE SIX MINUTES, ONE-HALF MINUTE, SIX MINUTES, AND FOUR MINUTES, AND THAT'S BECKY, SUSAN, MIKE, STEVE. I'M ASSUMING THAT THEY'VE HEARD BACK THERE AND THAT THEY WILL --

MAYOR PRO TEM --

Goodman: -- SET THE TIMER AND THEY WILL MAKE THE TIMER-EE.

MAYOR PRO TEM, IF WE CAN GET A LIST OF THE INDIVIDUAL TIMES THEN WE CAN CONTROL THE TIME BACK HERE. OTHERWISE THEY ARE GOING TO HAVE TO CONTROL THEIR OWN TIME.

Goodman: DO WE HAVE ANOTHER LIST? OKAY. WE'LL MAKE A COPY. GOT HIM A COPY AND THE BUZZER WILL GO OFF. YOUR TIME WAS STOPPED AT 56 MINUTES, 3 SECONDS, SO NONE OF YOUR TIME HAS BEEN USED. THERE'S REALLY NOTHING TO INTERRUPT IF YOU DO, SO ...

CAN WE DO A POLL OF EVERYBODY THAT WANTED TO SPEAK? [MULTIPLE VOICES]

Audience: LET THE PEOPLE SPEAK! LET THE PEOPLE SPEAK!

OKAY, WE'RE READY, MAYOR PRO TEM.

Goodman: OKAY. BECKY MORRIS. THREE MINUTES. OR SIX. LET ME CHECK. RIGHT. SIX, BECKY HAS SIX MINUTES.

HELLO. MY NAME IS BECKY MORRIS. I'M A NATIVE AUSTINITE AND ALSO A BOARD MEMBER WITH THE NEW VILLAGES OF WESTERN OAKS. I'M ALSO AN EMPLOYEE WITH THE BARTON SPRINGS EDWARDS AQUIFER AQUIFER DISTRICT, BUT I'M NOT REPRESENTING THEM AT ALL TONIGHT. WITH HAVING SAID THAT, IF YOU WOULDN'T MIND, I THINK MR. SLUSHER PASS PASSED OUT A HANDOUT, AND THAT WAS FROM ME. WHAT I WANT TO DO TODAY IS GIVE YOU MORE INFORMATION ABOUT HOW QUICKLY WATER FLOWS TO BARTON SPRINGS ONCE IT REACHES IS AQUIFER AND TO EXPLAIN HOW UNUSUALLY SENSITIVE THIS PARTICULAR AREA HAPPENS TO BE IN RELATION TO TRACT 107. THE MAP I GAVE EACH OF YOU WAS FROM THE CONSERVATION DISTRICT'S GROUND WATER TRACING REPORT. IT HAS NOT BEEN RELEASED YET. THAT SHOULD BE COMING IN THE NEXT SEVERAL MONTHS. IF YOU WOULD, ON THAT MAP LOCATE DOT J, AND YOU WILL SEE THAT I MARKED THAT IT'S MIDNIGHT CAVE, AND THAT IS LOCATED IN THE CIRCLE C METROPOLITAN PARK. THIS CAVE IS A 65-FOOT PIT THAT HAS A NEARLY CONSTANT POOL OF WATER AT 80 FEET DEEP. WHEN YOU REPEL INTO THIS CAVE, ABOUT HALFWAY DOWN YOU START TO GET WET BECAUSE THERE IS HUGE WATER DULL THAT COME DOWN AND KEEPS THAT FULL. THE CONSERVATION DISTRICT INJECTED A TRACER IN APRIL OF 1999. THIS DYE WAS DETECTED SEVEN TO EIGHT DAYS LATER AT MAIN BARTON SPRINGS, ELIZA SPRINGS AND OLD MILLS SPRINGS. IF YOU WILL NEXT LOOK AT DOT R, WHICH I LABELED AS RECHARGE SIN. THIS IS LOCATED AT THE LADY BIRD JOHNSON WILD WHILE. AT THIS LOCATION, A TRACER WAS USED THAT DOES NOT PERFORM WELL OVER LONG DISTANCES, AND THEREFORE THIS IS ASSUMED WHY THE DYE WAS NOT ACTUALLY DETECTED AT THE SPRINGS. I ALSO WANTED TO POINT OUT SOMETHING I DIDN'T MARK ON YOUR MAPS. IF YOU GO TO THE RIGHT OF THE R, YOU WILL FIND H. AT H RIGHT THERE, YOU WILL SEE THAT THE WATER -- THE DYE THAT WAS INJECTED AT THAT POINT MADE IT TO BARTON SPRINGS ABOUT EIGHT MILES IN ONE TO TWO DAYS. SO YOU WILL SEE AT THE CIRCLE C -- I'M SORRY, AT THE MIDNIGHT CAVE, IT TAKES SEVEN TO EIGHT DAYS TO GET THERE, BUT ONCE IT MEETS UP WITH THIS ONE OVER HERE, H, IT BOOKS. IT JUST GETS TO BARTON SPRINGS REALLY FAST. OKAY, IF YOU WILL NOTICE, I ALSO LOCATED TWO [INAUDIBLE] PRESERVES. ONE IS THE NEW VILLAGE RESERVE AND THE OTHER ONE IS GOAT CAVE AND THAT'S LOCATED IN MAPLE RUN. THESE ARE THE TWO LOCATIONS, JUST RIGHT HERE. NOW, THESE ARE THE ONLY TWO DESIGNATED KARST PRESERVES OPEN TO THE PUBLIC SOUTH OF THE RIVER IN THE RECHARGE ZONE. AND THEY ARE EXTREMELY CLOSE TO THIS TRACT 107. I MEAN, THIS IS -- THIS BLUE AREA IS THE ENTIRE RECHARGE ZONE, YET THESE TWO PLACES ARE DECEMBER I NAITD AS SPECIAL PRESERVES ---DESIGNATED AS SPECIAL PRESERVES. AS A MATTER OF FACT, THE PROPERTY ACROSS FROM GOAT CAVE WAS BOUGHT BY THE CITY. YOU KNOW THIS. BECAUSE IT WAS LITTERED WITH RECHARGE FEATURES. INCLUDING THE ONLY CAVE SOUTH OF THE RIVER THAT ACTUALLY REACHES THE AQUIFER. YOU CAN ACTUALLY GO ALL THE WAY DOWN TO THE AQUIFER AT THIS POINT. THIS AREA THAT IS BEING DEVELOPED IS INCREDIBLY SENSITIVE TO WATER QUALITY. ROCK FOR HAITION THAT HAVE S, THIS IS TYPICAL KARST FOR OUR AREA IN THE RECHARGE ZONE. CAVITIES LIKE THIS ARE LARGER, CANNOT FILTER WHAT IS IN THE WATER. AND WITH THE MAP THAT YOU HAVE IN YOUR HAND, YOU CAN SEE HOW FAST THIS WATER MOVES. WATER IN THE AQUIFER THAT IS NEAR LUBBOCK AND NORTH A COUPLE OF STATES, THE FASTEST THE WATER TRAVELS IN THAT AQUIFER IS MAYBE ONE AND A HALF INCHES A DAY. AND HERE OURS IS GOING ABOUT EIGHT MILES A DAY. AS FOR TRACT 107, IT HAS TWO SINKHOLES. ONE IS PIPELINE SINK AND THE OTHER IS CONFUSION SINK. I'VE BEEN TO BOTH OF THESE SINKS, AND THEY ARE NOT JUST LITTLE DEPRESSIONS IN THE GROUND. PIPELINE SIRNG HAS A LARGE UT. BUT IT'S LARGE ENOUGH I COULD HAVE CLIMBED DOWN INTO IT IF I WANTED TO. I WAS WEARING TOO MUCH EQUIPMENT, I COULDN'T AT THE TIME. NOW, CONFUSION SINK, WHICH IS THE SOUTHERNMOST OF THE TWO SIRNG HOLES, SIRNG HOLESWOULDN'T WANT TO HAVE GOTTEN DOWN INTO THAT SINKHOLE BECAUSE THERE WAS SO MUCH TO TRY TO ---LEAF LITTER, IT WOULD HAVE BEEN HARD TO CLIMB BACK OUT. OBVIOUSLY A LOT OF WATER IS GETTING THERE. TO ME THERE IS A LARGE DRAINAGE AREA FOR BOTH, BUT CONFUSION SINK PROBABLY HAS THE MOST OBVIOUS DRAINAGE AREA. [BUZZER SOUNDING] THANK YOU FOR LETTING ME SPEAK TONIGHT. I WANTED TO BE SURE YOU HAD ALL THIS INFORMATION IN YOUR HANDS. [APPLAUSE]

Mayor Garcia: THANK YOU VERY MUCH. SUSAN SHEFFIELD HAS HALF A MINUTE, SO IF YOU COULD PUT 30 SECONDS.

THANK YOU, GOOD EVENING. AS A HOMEOWNER IN CIRCLE C RANCH, I THINK THIS DECISION TO GO AHEAD WITH THE STRATUS DEAL IS SHORT-SIGHTED. I HAVE WITNESSED THIS IN MY HOMETOWN, SOUTH FLORIDA YOU, AND THIS IS REGARDING THE EVERGLADES. AFTER CONCRETING AND CLEAR-CUTTING MOST OF THE NATURAL CANOPY THERE, THE FEDERAL GOVERNMENT IS PAYING BILLIONS OF DOLLARS TO RECLAIM IT. WE WILL NEVER BE ABLE TO REVERSE THE DESTRUCTION OF THIS AQUIFER. NO MATTER HOW MUCH FEDERAL MONEY WE GET. I ASK YOU AGAIN TO THINK ABOUT THE FUTURE. THE FUTURE MESS THAT YOU ARE LEAVING YOUR CHILDREN WITH THIS VOTE. BELOW [BUZZER SOUNDING] THANK YOU COUNCILMEMBER ALVAREZ FOR YOUR DECISION AND YOUR ENCOURAGE. [CHEERS AND APPLAUSE] COUNCILMEMBER ALVAREZ IS THE ONLY COUNCILMEMBER THAT HAS SHOWN THE COURAGE, THE COURAGE TO LOOK AT THE THAT . THIS IS NOT ABOUT US, THIS IS NOT EVEN ABOUT YOUR CHILDREN. IT'S ABOUT THE CHILDREN'S CHILDREN. WE WILL NEVER REVERSE THIS. [CHEERS AND APPLAUSE]

Mayor Garcia: MIKE BLIZZARD. MA'AM, FOR THE RECORD YOU DID SAY YOU LIVED IN CIRCLE C, RIGHT?

[INAUDIBLE]

Mayor Garcia: OKAY.

[INAUDIBLE]

Mayor Garcia: SET SIX MINUTES FOR MR. BLIZZARD. FOLLOWING MR. BLIZZARD, STEVE BEERS FOR FOUR MINUTES. MR. BLIZZARD, WELCOME.

HI, COUNCIL. MY NAME IS MIKE BLIZZARD AND HERE TO TALK ABOUT A VERY IMPORTANT ISSUE THAT HAS NOT BEEN ADEQUATELY ADDRESS UNDERSTAND EITHER THE STAKEHOLDER PROCESS OR THE PUBLIC HEARING SO FAR. AND I DID SEND A LETTER TO COUNCIL YESTERDAY SUMMARIZING THAT, BUT I WANTED TO GO OVER IT IN MORE DETAIL. THAT ISSUE IS THE LONGHORN PIPELINE. I'VE BEEN WORKING TO OPPOSE THE LONGHORN PIPELINE FOR ABOUT THREE YEARS NOW, AND I DO BELIEVE IT TO BE AN UNSAFE PROJECT FOR OUR WATER SUPPLY AND FOR RESIDENTS TO LIVE IN CLOSE PROXIMITY TO THE LINE. AS DOES THE CITY OF AUSTIN, THE CITY OF AUSTIN BELIEVES IT TO BE UNSAFE AS WELL. AND THAT'S WHY I'M HERE TO TALK ABOUT THIS ISSUE TONIGHT. BECAUSE WHILE THE LEFT HAND OF THE CITY IS IN FEDERAL COURT ARGUING THAT THIS IS A HAZARD TO OUR WATER SUPPLY, TO THE AQUIFER, TO RESIDENTS WHO LIVE IN CLOSE PROXIMITY TO THE LINE, THE RIGHT HAND OF THE CITY IS POISED, MAYBE NOT TONIGHT, BUT MAYBE IN TWO WEEKS, TO APPROVE A DEAL THAT WILL PUT HUNDREDS OF MORE PEOPLE DIRECTLY ADJACENT TO THE LONGHORN PIPELINE, AND CLEARLY IN THE CITY'S MIND, MY MIND AND ANY REASONABLE PERSON'S MIND IN HARM'S WAY. [APPLAUSE] AND THERE'S A -- AND THERE IS SOMETHING YOU CAN DO BIT. IN OUR CURRENT AND FUTURE RESIDENTS DESERVE YOU TO DO SOMETHING ABOUT IT. I'VE DONNY NORM US AMOUNT OF RESEARCH -- I'VE DONE ENORMOUS RESEARCH AND I'M HOPING THE CITY CAN CONTRADICT THAT THAT SHOWS WE WOULD HAVE THE SCIENTIFIC AND LEGAL JUSTIFICATION TO ZONE PROPERTY WITHIN A RADIUS OF 600 TO 1,000 FEET OF THE LONGHORN PIPELINE RIGHT-OF-WAY AND THE SHELL LINE THAT GOES UNDER TRACT 107, WHICH IS POISED TO BE CONVERTED TO MORE HAZARDOUS USE AS WELL, AND WE COULD USE OUR ZONING AUTHORITY TO LIMIT DENSITY AND RESTRICT USES SUCH AS SCHOOLS, HOSPITALS, DAY CARE CENTERS, APARTMENT COMPLEXES, HIGH-TRAFFIC COMMERCIAL USES, AND BECAUSE THIS ORDINANCE WOULD BE AN ORDINANCE INTENDED TO PREVENT THE IMMINENT DESTRUCTION OR -- OF PROPERTY AND INJURY TO PERSONS, IT WOULD BE EXEMPT FROM CHAPTER 245 CLAIMS THAT STRATUS CLAIMS ALLOWS THEM TO BUILD AT MORE INTENSE DEVELOPMENT LEVELS THAN THE S.O.S. ORDINANCE OR OTHER CITY CODE ALLOWS. [APPLAUSE] SO FIRST -- HOW DO I MOVE?

Mayor Garcia: THERE'S A MIKE OVER THERE, MIKE.

THANKS. OKAY. JUST TO BACK UP A LITTLE BIT AND SHOW PEOPLE, I DON'T KNOW IF YOU CAN SEE THIS, BUT THIS IS THE LONGHORN PIPELINE. IT DOESN'T APPEAR ON THE CITY'S MAP OF THE STRATUS PROPOSAL, BUT DOES APPEAR IN THE AUSTIN CHRONICLE. I APOLOGIZE -- I LIFTED IT OFF THE WEBSITE AND PRINTED IT. WHAT IT SHOWS IS THAT THERE ARE SEVERAL TRACTS INCLUDING THE ONE UNDER DISCUSSION TONIGHT, TRACTS 106, 107, 103, 102 AND 101 IN VERY CLOSE PROXIMITY TO THE LONGHORN PIPELINE. AND TRACT 130 IS PLANNED FOR -- 103 IS PLANNED FOR 450 APARTMENTS. ITS NORTHERN BOUNDARY IS THE RIGHT-OF-WAY OF LONGHORN PIPELINE. IT'S CLEARLY WITHIN 600 TO 1,000 FEET AS ARE SOME OR ALL OF THE PROPERTY, AND THIS IS NOTICED AS A HIGH CONSEQUENCE AREA, WHICH MEANS DENSE POPULATIONS AND ENVIRONMENTAL FEATURES INSIDE THIS AREA ARE IN DANGER. HOW DID I COME UP WITH THE 600 AND 1,000 FEET? I DIDN'T MAKE IT UP. THIS IS BASED ON A LARGE AMOUNT OF EXPERTS, GOVERNMENT OFFICIALS AND EVEN REPRESENTATIVES OF THE OIL AND GAS INDUSTRY. I HAVE BEFORE ME THE DEPARTMENT OF TRANSPORTATION RESEARCH AND SPECIAL PROGRAMS THAT DEFINES A HIGH CONSEQUENCE AREA WHERE POTENTIAL CONSEQUENCES OF A ACCIDENT MAY BE SIGNIFICANT OR DO CONSIDERABLE HARM TO PEOPLE AND THEIR PROPERTY. THIS IS SUPPORTED BY THE INTERSTATE GASES ASSOCIATION, AMERICAN GAS ASSOCIATION, ET CETERA. WHAT IT SHOWS IS BASED ON PHOTOGRAPHS OF ACTUAL BURN AREAS FROM THE IGNITION OF PIPELINE RUPTURES AND OTHER ACCIDENTS, THEY HAVE COME UP WITH A 660-FOOT HIGH CONSEQUENCE AREA WHERE LEGALLY THE PIPELINE COMPANIES ARE REQUIRED TO DO MORE MONITORING, MORE SIGNAGE, ET CETERA. THEY RECOMMEND A 25-HOUSE LIMIT WITHIN THAT AREA. THEY WOULD EVEN SUPPORT THE HE NATURAL GAS ASSOCIATION WOULD SUPPORT EXTEND ING THIS BEYOND THE 660-FOOT CORRIDOR FOR STRUCTURES CONTAINING CONCENTRATIONS OF PEOPLE. DUE TO THE PHYSICAL PROPERTIES OF GAS, THEY ARE SAYING THAT A LIQUID PIPELINE RUPTURE WOULD GO EVEN FURTHER FROM THE SIGHT OF THE RUPTURE BECAUSE OF THE TYPE OF RELEASE. YOU CAN ARGUABLY MAKE THE THING LARGER. LET'S JUST SAY IT'S 600 TO 1,000 FEET. THIS IS ALSO BACKED UP BY THE REPORT OF THE OECD WORKSHOP ON PIPELINES WHICH WAS AN INTERNATIONAL THING ATTENDED BY 110 EXPERTS FROM 20 COUNTRIES. AND THEY SAID THERE IS A NEED TO ASSESS THE RISK POSED BY A PIPELINE TO NEW DEVELOPMENT IN ORDER TO DETERMINE WHETHER IT NOT SHOULD IT -- WHETHER OR NOT IT SHOULD BE PERMITTED. I'M TRYING TO MOVE FAST. THEN THEY HAVE A THING THAT BRITAIN USES. THEY HAVE A RANKING IN THE LOWER -- AND THE LOWER NUMBER IS THE AREAS THAT ARE IN VERY MUCH DANGER, AND THEIR LOWEST NUMBER IS .3, AND THAT'S HIGHLY VULNERABLE OR LARGE FACILITIES, SCHOOLS, HOSPITALS OR MORE THAN 1 THOWN PEOPLE. THE NEXT IS RESIDENTIAL HOUSING INCLUDING GREATER THAN 75 PEOPLE, WHICH IS EXACTLY WHAT WE'RE APPROVE LG. THE CANADIANS, ALSO VERY SENSIBLE. [BUZZER SOUNDING] THEY PUT OUT THIS THING -- CAN I CENTER SOMEBODY'S TIME, PLEASE. THIS IS VERY IMPORTANT.

Mayor Garcia: YOU HAVE 60 MINUTES SO YOU CAN USE THEM ANY WHICH WAY.

STEVE, CAN I HAVE A COUPLE MINUTES OF YOUR TIME? STEVE BEERS HERE?

[INAUDIBLE]

OKAY. SO I'LL SKIP THE CANADIANS. WE GO GO RIGHT TO THE U.S. [LAUGHTER] EVEN THE U.S., EVEN THE U.S. IN THE ACCOUNTABLE PIPELINE [INAUDIBLE] ACT OF 1996 RECOMMENDED THAT A STUDY RECOMMENDING LAND USE RECOMMENDATIONS BE DISTRIBUTED TO ALL THE STATES. I WONDER IF THE CITY HAS READ THAT YET. IT'S CALLED PIPELINES AND PUBLIC SAFETY. I'LL CUT TO THE CRUX OF THIS. I WAS TOLD BY CITY LEGAL WE COULD NOT DO THIS. AND I HAVE FOUND NO EVIDENCE THAT THAT IS THE CASE. IN FACT, THE LAW THEY ARE CITING SAYS THAT NO PIPELINE MAY BE LOCATED WITHIN 50 FEET OF A RESIDENCE. BUT IT HAS NOTHING THAT SAYS THAT LOCAL AUTHORITIES CANNOT RESTRICT DEVELOPMENT NEAR PIPELINES. I TALKED TO THE GUY IN THE OFFICE OF PIPELINE SAFETY IN WASHINGTON, D.C., HE SAID IT'S TOTALLY UP TO THE LOCAL AND ZONING AND PLANNING AUTHORITY HOW THEY ZONE PROPERTY AROUND A PIPELINE. IN FACT, HE SAID WE COULD DO A TEN MILE RADIUS OR PUT CONDOS UP AND DOWN IT. THEY HAD NOTHING TO SAY ABOUT THE MATTER. AT ALL. AND THE QUESTION IS WHY AREN'T WE DOING THIS. NOT ONLY WOULD IT AFFECT THE STRATUS DEAL, BUT IT WOULD PROTECT CURRENT AND FUTURE RESIDENTS UP AND DOWN THE LONGHORN PIPELINE. WE SHOULD DO IT BECAUSE IT'S THE RIGHT THING TO DO. WE HAVE THE INFORMATION THAT IS PIPELINE IS SAFE. WE CAN ZONE PROPERTY AROUND IT THAT WOULD CLEARLY BE TO PROTECT THE PUBLIC HEALTH AND SAFETY AND PREVENT IMMINENT DESTRUCTION TO PROPERTY, INJURY TO PERSON AND WOULD EXEMPT STRATUS' 245 CLAIM AND TAKE OUT THE DENSEST PART OF THEIR DEVELOPMENT. I DON'T FEEL THAT THE CITY, FOR WHATEVER REASON, LOOKED INTO THIS HARD ENOUGH AND NEGOTIATED HARD ENOUGH BECAUSE AT LEAST IT SHOULD HAVE BEEN PART OF THE NEGOTIATING. IT LEAST THE STAKEHOLDERS SHOULD HAVE BEEN AWARE OF THIS AND THEY WEREN'T. LET'S BACK UP AND START OVER. LET'S DO THE BEAR LAKE P.U.D. LET'S BACK UP, MOVE TO ZONE THE PROPERTY --

Mayor Garcia: MIKE, YOU ARE EATING INTO MR. BEERS' TIME.

-- AND THEN INITIATE THE COMPREHENSIVE PLANNING PROCESS. THANK YOU. [CHEERS AND APPLAUSE]

Mayor Garcia: ARE YOU KEEPING TRACK OF THE 60 MINUTES?

YES, SIR. MR. BEER HAS TWO MINUTES, 15 SECONDS.

Mayor Garcia: MR. BEERS.

OH, MY GOD. TOO LITTLE TIME FOR A COMPLEX ISSUE. WELL, THE FORMER FACE OF THIS COMPANY, YOU'VE SEEN HIM BEFORE, JIM BOB MOFFETT. YOU KNOW ABOUT THE COMPANY'S HUMAN RIGHTS RECORD, THEIR ENVIRONMENTAL RECORD HERE AND OVERSEAS. BUT NOW WE HAVE A NEW FACE, A KINDER, GENTLER FACE OF THIS COMPANY. BOW ARMSTRONG. BUT, THE CENTRAL CASE FOR THIS DEAL IS STILL THEY ARE GOING TO THRASH THE HELL OUT OF US IN THE COURTS AND THE LEGISLATURE. I WOULD LIKE TO GIVE YOU SOME INFORMATION ABOUT THE NEW IMPROVED COMPANY, STRATUS. I'M GOING TO MOVE OVER HERE. YOU HAVE A MICROPHONE HERE, RIGHT?

Mayor Garcia: RIGHT THERE.

OKAY. I DON'T KNOW IF I CAN MOUNT THIS HERE. REALLY SHOULD ALLOW SOME TIME FOR SET CHANGES. [LAUGHTER] SINCE THE COMPANY FIRST WAS SPUN OFF OF FREEPORT MCMORAN IN 1992, REVENUES HAVE GONE DOWN MORE OR LESS CONSISTENTLY. THEY LOST $86 MILLION MORE THAN THEY MADE. AND THIS PROFITABLE YEAR HERE LOOKS PRETTY GOOD. THEY ARE ON A RECOVERY PATH. BUT THAT'S BECAUSE YOU GAVE THEM $17 MILLION IN UTILITY REIMBURSEMENTS. YOU BAILED OUT THIS COMPANY.

Audience: BOO!

NOW YOU ARE PROPOSING TO DO IT AGAIN. WRITE THEM A BIG OLD FAT CHECK. SO WE MAKE OUR OWN MISERY, THEY SAY. I THINK IT'S TIME THAT WE PUT THE -- PUT THIS DEAL TO SLEEP. MAYBE WE CAN COME UP WITH ANOTHER VERSION OF THIS DEAL. THE 15 MILLION IS THE BAILOUT TO A FAILING COMPANY WHO ARE THE WHO ARE THE BENEFICIARIES? TURNS OUT THE LARGEST SHARE OF 19% OF THE TO STOCK IS HELD BY A NEW YORK BROKERAGE FIRM IN TRUST FOR TWO INDIVIDUALS. THEY ARE REFUSING TO DIVULGE WHO THOSE INDIVIDUALS ARE. [INAUDIBLE].

IT MARTHA STEWART? IS IT KEN LAY? [BUZZER SOUNDING] IS IT GARY BRADLEY? JIM BOB MOFFETT? ONLY BEAU KNOWS.

Mayor Garcia: THANK YOU, MR. BEERS. [CHEERS AND APPLAUSE] [ONE MOMENT, PLEASE, FOR CHANGE IN CAPTIONERS] 9:45 (945)

OUR SPECIAL ENVIRONMENTAL FEATURES AREN'T OUR ONLY PRECIOUS RESOURCE. OUR CHILDREN ARE OUR MOST PRECIOUS RESOURCE. THIS DEVELOPMENT WOULD INCREASE THE POPULATION OF THE ALREADY OVERCROWDED MILLS ELEMENTARY. THIS SCHOOL IS FIVE YEARS OLD AND SHOULD HAVE FIVE PORTABLES BY THE BEGINNING OF THIS SCHOOL YEAR. WE WILL HAVE NEARLY 900 STUDENTS. THIS DEVELOPMENT -- TO PROTECT OUR CHILDREN, WE HAVE SENT TO YOU A LIST OF RECOMMENDED CHANGES TO HELP PROTECT OUR COMMUNITY AND OUR CHILDREN. TO FURTHER PROTECT OUR CHILDREN, THE NEW VILLAGES AT WESTERN OAKS HAS SENT EACH OF YOU A COPY OF THE LETTER THAT WE WOULD LIKE TO WORK ACTIVELY WITH THE CITY IN DEVELOPING AN ENVIRONMENTAL EDUCATION PROGRAM TO HELP REDUCE DISCHARGE OF AUTOMOTIVE AND LAWN AND OTHER CHEMICALS INTO THE STORM RUNOFF. WE FEEL THIS COULD BE AN EXTREMELY BENEFICIAL AND EFFECTIVE PROGRAM, HOWEVER, ALLOWING A LARGE DEVELOPMENT OVER THE RECHARGE ZONE AND ADJACENT TO SO MANY SENSITIVE FEATURES WOULD NEGATE THE BENEFITS OF SUCH A PROGRAM. IT SEEMS THE LOGICAL CHOICE IS TO HELP CLEAN UP WHAT IS ALREADY THERE, NOT TO ADD TO THE PROBLEM. [ BUZZER SOUNDS ] [ CHEERS AND APPLAUSE ].

Mayor Garcia: JOHN LARKIN HAS TWO MINUTES. AND FOLLOWING MR. LARKIN IS LAUREN ROSS FOR FIVE MINUTES. MR. LARKIN, WELCOME, SIR.

GOOD EVENING MAYOR AND COUNCILMEMBERS. THANKS FOR LETTING US SPEAK TONIGHT AS SHORTENED AS IT IS. I'M PRESIDENT OF CHERRY CREEK HOMEOWNERS ASSOCIATION AND I'M A LEADER OF SOUTHWEST AUSTIN NEIGHBORHOOD COALITION. WE ARE, CONTRARY TO MR. ABRAMS' EARLIER TESTIMONY, A LEGITIMATE HOMEOWNERS ASSOCIATION. WE REPRESENT 10,000 HOMEOWNERS. THAT'S $1.3 BILLION IN TAXABLE PROPERTY VALUES. [ CHEERS AND APPLAUSE ]. WE ARE STILL AGAINST THIS DEAL. AFFORD US THE SAME CONSIDERATION YOU ARE GIVING STRATUS AND CIRCLE C HOMEOWNERS ASSOCIATION. AFTER ALL, WE WE HAVEN'T BEEN SUING YOU FOR THE LAST 20 YEARS. SO GO AHEAD -- I'VE SENT YOU ALL AN E-MAIL EXCEPT FOR MR. WYNN BECAUSE I THOUGHT HE WAS UNAPPROACHABLE. PLEASE PASS BEAR LAKE. PEOPLE SPENT ABOUT TWO YEARS WORKOGTHAT. UP TO DECEMBER 15TH OF THIS PAST YEAR FROM WHAT I UNDERSTAND, THAT WAS THE MAIN ISSUE THAT WAS ON THE TABLE AT THE STAKEHOLDERS' PROCESS. FROM DECEMBER TO NOW IS WHEN YOU'VE HAMMERED OUT THE OTHER 13 TRACTS. THAT'S NOT ENOUGH TIME. TWO YEARS FOR ONE TRACT? TWO MONTHS, FOUR MONTHS FOR THE REST? IT'S NOT ENOUGH. WE WEREN'T INVOLVED. WE WANT TO BE INVOLVED. I DON'T KNOW WHERE DARRYL'S AT TONIGHT, I HAVEN'T SEEN HIM. IS HE AROUND?

Mayor Garcia: YES.

OKAY. WELL, DARRYL HAS A LIVE LIGHTLY ON THE AQUIFER PLAN. AND IT'S REALLY KIND OF HARD FOR ME TO APPROACH MY HOMEOWNERS AND SAY, HEY, LOOK, I'VE POSTED THIS NOTICE ON THE SEB SITE. I APPROACH YOU AT EVERY QUARTERLY MEETING WE HAVE AND I I IMPLORE YOU TO XERISCAPE. AND THEY'RE TELLING ME WHAT DOES MY LAWN MATTER? THEY'RE THROWING A MILLION SQUARE FEET OF OFFICE ON THE AQUIFER AND THEY SAY THAT'S OKAY. THEY'RE NOT GOING TO LISTEN TO ME. WE'VE BEEN MODERATE. WE'VE BEEN A MODERATE VOICE EVER SINCE THE FIRST TIME I MET YOU IN YOUR OFFICE TWO YEARS AGO TRYING TO REMOVE A 25-DOLLAR SURCHARGE. [ BUZZER SOUNDS ] WE'VE BEEN PROMOTING XERISCAPING BECAUSE IT MADE SENSE. I THINK IT STILL MAKES SENSE. PLEASE HELP US SELL IT. DON'T DO THIS DEAL. [ CHEERS AND APPLAUSE ].

Mayor Garcia: THANK YOU. LAUREN ROSS. AFTER LAUREN ROSS, YOU HAVE FIVE MINUTES.

THANK YOU, MAYOR AND COUNCILMEMBERS.

Mayor Garcia: PAUL STRESSING HAS TWO MINUTES. THERE YOU ARE. NOW YOU GOT IT.

OKAY. THIS SUCKS THAT I HAVE TO TAKE TIME FROM THE REST OF THE PEOPLE HERE TO SPEAK TO YOU ABOUT THIS ISSUE, BUT I'M GOING TO DO IT ANYWAY. MY NAME IS LAUREN ROSS AND I'M AN ENVIRONMENTAL ENGINEER AND I HAVE WORKED TO PROTECT BARTON SPRINGS FOR MORE THAN 11 YEARS. I'M SPEAKING TO YOU TONIGHT AS A MEMBER OF THE AUSTIN COMMUNITY AND A PARTICIPANT IN OUR DEMOCRATIC PROCESS. I'M ALSO PART OF THE GROUP THAT ASKED THE CITY MANAGER TO DRAFT AN AGREEMENT. THAT GROUP INCLUDED SEVERAL PEOPLE. WE ASKED THE CITY TO TRADE DOLLARS FOR A REDUCTION IN THE SQUARE FEET OF OFFICE SPACE AND THE NUMBER OF HOMES THAT COULD BE BUILT ON THE STRATUS LAND AND WE ASKED FOR MANY OTHER THINGS, SOME OF WHICH WE GOT AND SOME OF WHICH WE DID NOT. IN THE LANGUAGE OF PROTEST ANTS, WE ASKED AUSTIN TO SUBSIDIZE STRATUS. WE MADE THAT REQUEST BASED ON YOU ARE OUR EXPERIENCE WITH THE TEXAS LEGISLATURE, THE HISTORICAL SUCCESS OF THE STRATUS LOBBYISTS THERE, THE OPINIONS OF GOOD LEGAL EXPERTS -- ARE YOU HERE, RENE -- THAT THE CITY WOULD LIKELY CHOOSE LOOZ A CHAPTER 245 CHALLENGE. THE DOWNTURN IN CITY TAX REVENUES AND THE MARKET FORCES THAT WOULD PAVE THE ENTIRE BARTON SPRINGS ZONE. YOU CAN ONLY SUPPORT THIS DEAL IF YOU ARE WILLING TO LIVE WITHIN THE BOX OF THE AGREEMENTS THAT THIS IS THE REAL WORLD. UNFORTUNATELY, BARTON SPRINGS AND THE SALAMANDER AND ALL OF US LIVE IN A DIFFERENT REAL WORLD. RATHER THAN THE WORLD OF LAWS, POLITICS AND MONEY, WE ACTUALLY LIVE IN A WORLD OF ROCK AND WATER, A WORLD OF SEDIMENT CON CONTAMINATED WITH TOXIC AND CAR CAR 17 GENERALIC CHEMICALS. A WORLD WHERE WATER QUALITY CONTROLS FAIL AND THE LAWYERS AND ENGINEERS, AND THAT INCLUDES ME, THAT NEGOTIATED BETTER PROTECTION, EITHER DON'T KNOW OR WE DON'T DO ANYTHING ABOUT IT. IN THIS WORLD WE ARE LOSING WHAT WE VALUE MOST. I'M NOT GOING TO CROSS NOT JUST BARTON SPRINGS AND THE SALAMANDER, BUT OUR CULTURE, OUR CREATE TIFTD AND OUR SOUL. WE LOSE EVERYTHING. NOTHING STRIKES BACK. ICE CREAM AND ARM ARMADILLO WORLD HEADQUARTERS. WE CANNOT ALLOW CORPSES TO CREATE OUR WORLD OF LAW AND POLITICS. [ CHEERS AND APPLAUSE ]. WE MUST CREATE A DIFFERENT WORLD, A WORLD WHERE LAW AND POLITICS ARE RESPONSIVE TO WATER, TO LAND, AND TO THE PEOPLE. YOUR VOTE TONIGHT IS ABOUT PROTECTING BARTON SPRINGS. IT IS ALSO A VOTE ABOUT WHETHER CITIZENS OF AUSTIN WILL PARTICIPATE MEANINGFULLY IN YOUR DECISION. AND I DON'T MEAN THE SELECT GROUP. THAT INCLUDES ME. TABLE THIS VOTE UNTIL WE CAN CRAFT AN AGREEMENT THAT IS MORE THAN HALF BAKED, THAT HAS REAL ENFORCEMENT, THAT REDUCES IMPERVIOUS COVER, PROVIDES ADEQUATE SETBACKS FOR LONGHORN AND OTHER PIPELINES, AND MOST IMPORTANTLY, IS TRULY COMMUNITY CONSENSUS. YOUR VOTE TONIGHT WON'T MAKE ANY DIFFERENCE AT ALL TO BARTON SPRINGS. IF YOU AND ALL OF THE REST OF US HERE TOO DON'T TAKE ON THE HARDER TASKS, THE TASKS THAT ACTUALLY SEEMS EVEN ON THE BEST NIGHT ALMOST IMPOSSIBLE TO BUILD AN ALLIANCE ACROSS THE BARTON SPRINGS ZONE IN HAYS AND BLANCO COUNTIES AND ACROSS TEXAS, THAT CREATE A GOVERNMENT -- I AM NOT GOING TO CRY. THAT PRESERVES OUR DEMOCRATIC PROCESS FOR THE PEOPLE AND PROTECTS BARTON SPRINGS. PLEASE VOTE THIS DEAL DOWN AND WORK WITH ALL OF US TO CREATE A WORLD WHERE LAW AND POLITICS AT EVERY LEVEL REFLECT THE SACRED VALUE THIS COMMUNITY PLACES ON BARTON SPRINGS. AND BO ARMSTRONG AND STEVE DRENNER AND LAURIE AND THOSE OF YOU WHO ACTUALLY LIVE AND WORK IN THAT OTHER WORLD, WE CAN CREATE A WORLD WHERE WE CAN DO THIS TOGETHER. THANK YOU. [ CHEERS AND APPLAUSE ].

Mayor Garcia: CHAPA, HOW MUCH TIME DID DR. ROSS LEAVE ON THE CLOCK?

A MINUTE AND 12 SECONDS.

Mayor Garcia: OKAY. SO THAT TIME IS AVAILABLE. MR. PAUL STRESSLEG HAS BEEN ASSIGNED TWO MINUTES. AND FOLLOWING HIM, ALEX ROSSEN FOR THREE MINUTES.

THANK YOU. MY NAME IS PAUL. I LIVE IN DOWNTOWN AUSTIN AND I'M AGAINST THE AGREEMENT FOR A COUPLE OF REASONS. FIRST AND FOREMOST, WHETHER YOU CALL IT A SUBSIDY OR INCENTIVE OR WHICHEVER, YOU'RE INCENTIVING DEVELOPMENT IN AN INDESIRABLE ZONE AND WHY ARE WE DOING THAT? I THOUGHT WE DECIDED AGAINST IT. AND I LOOK AT THAT COMPANY AND THEY'RE BLEEDING RED. WHY WOULD ANY COMPANY BLEEDING RED GO THROUGH THE HELL WE'RE BLEEDING THEM THROUGH IF THEY DIDN'T NEED SOMETHING FROM YOU GUYS? BUT IN THIS POKER GAME YOU GUYS ARE FLAIG WITH FIVE CARDS FACE UP AND THEY'VE GOT THREE DOWN AND WE'RE TRYING TO FIGURE OUT WHY WE'RE LOSING. THAT'S REALLY THE FIRST THING. SECONDLY IS HEALTH AND SAFETY. I MEAN, I USED TO LIVE IN WASHINGTON AND -- WASHINGTON STATE. AND A COUPLE OF YEARS AGO A COUPLE OF CHILDREN IN WASHINGTON WERE KILLED WHEN THEY STRUCK A MATCH WHILE FISHING. AND WHAT THEY DIDN'T KNOW IS THAT THE WATER AND THE ATMOSPHERE AROUND THEM HAD BECOME SO COMBUST COMBUSTIBLE FROM A PIPELINE LEAK THAT IT BLEW THEM UP AND IT BLEW UP THE WHOLE AREA, A COUPLE OF ACRES. BUT IN A TRAGIC MEMORIAL OR KIND OF A TRAGIC ESPECIALLY LOAG, THE CHILDREN WERE CONSIDERED HEROES BECAUSE THEY HAD ACTUALLY COMBUSTED THE ATMOSPHERE BEFORE IT REACHED A MORE POPULATED AREA. AND YOU GUYS ARE PUTTING DENSE HOUSING RIGHT ALONG THE PIPELINE. AND LASTLY AND HOPEFULLY I'LL LEAVE SOME TIME FOR SOMEBODY ELSE, THE THIRD THING IS, YOU KNOW, I'M STANDING OUT THERE TONIGHT AND I'M WAITING FOR A CHANCE TO TALK AND I'M MILLING ABOUT AND I SEE A PLAQUE WITH A STATEMENT ATTRIBUTED TO GOVERNOR ALLEN SLIVERS. AND IF I CAN PARAPHRASE IT, IT SAYS WE HEAR A LOT ABOUT OIL AND GAS AND DEVELOPMENT, BUT NOTHING IS MORE IMPORTANT THAN WATER TO THE HEALTH AND FUTURE PROSPERITY OF THIS STATE. A MEMORIAL PLAYING RIGHT OUTSIDE THE FRONT DOOR HERE. SO I HOPE YOU VOTE AGAINST THIS. [ CHEERS AND APPLAUSE ].

Mayor Garcia: ALEX ROSEN. AND FOLLOWING HIM IS JEFF CASSEL. YOU HAVE THREE MINUTES AVAILABLE TO YOU. WELCOME, SIR.

THANK YOU. I HAVE SEVERAL CONCERNS ABOUT THE PROPOSAL AND THE PROCESS. THE TIME FRAME FOR PASSAGE WAS AND IS STILL TOO SHORT. IN A MEMO ON THE PROCESS, THE CITY MANAGER CALLED THE SCHEDULE AMBITIOUS. SHE ORIGINALLY PROPOSED HAVING JUST 10 DAYS BETWEEN THE POST WILLING OF THE FINAL AGREEMENT AND FINAL CONSIDERATION OF THE AGREEMENT BY THE COUNCIL. FORTUNATELY S.O.S. HAS SLOWED THE PROCESS SO PEOPLE LIKE ME CAN HAVE A BIT OF TIME TO REVIEW WHAT IS GOING ON AND OFFER FEEDBACK. IF YOU WANT QUALITY INPUT AT PUBLIC HEARINGS, YOU NEED TO GIVE THE PUBLIC TIME TO CONSIDER THESE COMPLEX AGREEMENTS, NOT TREAT THE PUBLIC AS A NUISANCE THAT MUST BE ENDURED TO PASS A PREORDAINED STAFF PROPOSAL. [ CHEERS AND APPLAUSE ]. ONE INDICATION OF HOW THE PROCESS IS MOVING TOO QUICKLY IS THAT JUST LAST WEEK COUNCILMEMBER SLUSHER PROPOSED A NEW AMENDMENT THAT ELIMINATED THE POSSIBILITY OF BUILDING A GAS STATION OVER THE RECHARGE ZONE. IF MS. ARNOLD HAD NOT ALERTED HIM TO THIS LOOPHOLE, AND WE LATER WISHED TO STOP DANGEROUS CONSTRUCTION LIKE THIS, WE WOULD HAVE TO PAY MORE MONEY TO STRATUS FOR REDUCING THEIR ZONING. I EXPECT MANY MORE OF THESE SERIOUS LOOP HOLES WOULD BE FOUND IF THE PUBLIC WAS GIVE ENTIME TO FULLY SCRUTINIZE THE DEAL, THE FINAL DEAL. WOULDN'T IT BE BETTER TO ENSURE A THOROUGH REVIEW BEFORE WE END UP WITH ANOTHER DEAL LIKE THE ONES WE DID WITH INTEL AND CSC? THOSE WERE ALSO DESIGNED TO PROTECT THE AQUIFER, BUT BECAUSE THEY WERE NOT REVIEWED CAREFULLY ENOUGH, WE WOUND UP LOSING MONEY IN ONE CASE AND BEING STUCK WITH AN EYESORE IN THE OTHER. IT IS TO THE CITY'S ADVANTAGE AND YOUR OWN POLITICAL ADVANTAGE TO SLOW DOWN TO AVOID FURTHER EMBARRASSMENTS. I KNOW THE STAFF HAS SPENT A LOT OF TIME ON THE AGREEMENT, BUT THE LACK OF CONSENSUS IS EVIDENCE THAT THEY LEFT OUT THE VIEWPOINTS OF MANY OF THE SIGNIFICANT STAKEHOLDERS. SOME HAVE SAID THAT THE 15 MILLION IN FEE WAIVERS IS TOO MUCH MONEY. I HAVE A DIFFERENT TAKE. TO MY MIND THE OFFER IS VERY LOW RELATIVE TO THE 25 MILLION STRATUS HAS CLAIMED THEY STAND TO LOSE FROM REDUCED DENSITIES CALLED FOR IN THE AGREEMENT. IS STRATUS EXTRACTING SOMETHING FROM BELOW THE SURFACE AS DOES THE COMPANY THEY ARE ASSOCIATED WITH? PUT YOURSELVES IN THEIR SHOES FOR A MINUTE. THE CITY'S LAWYERS HAVE APPARENTLY CONCLUDED THAT STRATUS COULD EASILY BUILD OUT TO THE FISH AND WILDLIFE CONSULTATION DENSITIES WITHOUT MUCH LEGAL RISK. IF COUNCILMEMBER SLUSHER IS RIGHT, THAT THE FEDERAL GOVERNMENT IS WEAKENING ENDANGERED SPECIES PROTECTION, THEY MIGHT BE ABLE TO BUILD EVEN MORE IN A YEAR OR TWO. EVEN IF THEY LOST A LEGAL BATTLE WITH THE CITY, THEY SUPPOSEDLY COULD STILL OUT TO LEVELS SUBSTANTIALLY BEYOND WHAT THIS AGREEMENT ALLOWS AND WITH FEWER RESTRICTIONS. SO WHY ARE THEY GIVING UP WHAT THEY CLAIM IS $25 MILLION IN VALUE FOR JUST $15 MILLION COLLECTED OVER A MINIMUM OF 10 YEARS? WHY ARE THEY GIVING UP A MILLION SQUARE FEET IN OFFICE SPACE AND MORE FOR FEES THAT AMOUNT TO LESS THAN A YEAR'S RENT ON THAT SPACE? I DON'T KNOW THE ANSWER AND I WONDER IF ALL OF YOU DO. IF YOU DON'T KNOW WHY THIS DEAL LOOKS GOOD TO STRATUS, THEN I THINK WE ALL NEED TO CONSIDER IT MORE CAREFULLY BEFORE AGREEING TO IT. THANK YOU. [ CHEERS AND APPLAUSE ].

MAYOR, MAYOR.

Mayor Garcia: COUNCILMEMBER SLUSHER.

Slusher: I JUST WANTED TO CORRECT ONE THING FOR THE RECORD, NOT EVERYTHING, BUT NO ONE HAD TO ALERT ME THAT THERE WAS A GAS STATION PLANNED OVER THE RECHARGE ZONE. I FOUND IT MYSELF. AND THE OTHER ONE THAT WAS LOCATED OVER THE CONTRIBUTING ZONE AND THEY'RE BOTH GONE NOW.

Mayor Garcia: JEFF KESSEL, AND FOLLOWING HIM IS AARON ROGERS. WELCOME. SIR. AND FOLLOWING YOU IS MR. AARON ROGERS. WELCOME.

THANK YOU, MAYOR AND CITY COUNCIL. MY NAME IS JEFF KESSEL. I'M A LICENSED ENGINEER IN THE STATE OF TEXAS AND I'M HERE REPRESENTING MY OWN VIEWS AND I'M HERE AS YOUR NEIGHBOR. I'M OPPOSED TO GOING FORWARD WITH THIS PROPOSED AGREEMENT MAINLY BECAUSE BASED ON MY EXPERIENCE IN ENGINEERING AND WORKING ON WATER QUALITY AND FLOOD CONTROL PROBLEMS WITH THE CITY FOR THE PAST 10 YEARS, AND IT'S MY BELIEF THAT I DON'T THINK AS A COMMUNITY WE'RE UP TO THE CHALLENGES THAT ARE REQUIRED IN ORDER TO ACHIEVE NON-DEGRADATIONS. I THINK THERE'S -- S.O.S., I SEE IT AS A PROCESS THAT STARTED QUITE A LONG TIME AGO, AND WE'VE MADE SOME STEPS TOWARD IMPLEMENTING IT. IT'S MY UNDERSTANDING THAT SO FAR THERE ARE NO S.O.S. DESIGNED FACILITIES ON ANY SITE PLANS IN TOWN THAT HAVE BEEN TESTED TO ENSURE THAT -- [ BUZZER SOUNDS ] IS THAT RIGHT?

Mayor Garcia: THEY GAVE YOU ONE MINUTE. SOMEBODY ELSE LEFT A MINUTE AND 12 SECONDS, SO IF THEY WANT TO GIVE IT TO YOU --

I WOULD LIKE TO FINISH THAT ONE POINT. THERE ARE NO FACILITIES THAT HAVE BEEN DESIGNED UNDER S.O.S. THAT HAVE BEEN TESTED TO PROVE THAT THEY ACTUALLY DESIGNED AND FUNCTIONED -- OR THEY FUNCTION AS DESIGNED. I THINK THIS -- GOING FORWARD WITH THE BELIEF THAT UNDER S.O.S. THAT THIS DEVELOPMENT WILL WORK IS A PRETTY GREAT OOOH LEAP, AND I'VE GOT OTHER PROJECT EXPERIENCE WORKING WITH NANCY McCLINTOCK'S GROUP, PROJECTS THAT ARE STILL IN FRONTAGE WHERE WE'RE SEEING GREAT DIFFICULTY IN TRYING TO ACHIEVE NON-DEGRADATION IN EXISTING AREAS AT MUCH LESS IMPERVIOUS COVER THAN ARE PROPOSED UNDER THIS AGREEMENT. SO I'M SEEING SOME VERY SERIOUS TECHNICAL CHALLENGES THAT REQUIRE NOT JUST GOOD ENGINEERING, BUT GREAT FOLLOW THROUGH ON THE PART OF CITY STAFF AND THE COMMUNITY IN ORDER TO MAKE WATER QUALITY FACILITIES WORK BECAUSE THE FACILITIES THEMSELVES EFFECTIVELY ARE AT THE END OF THE PIPE AND WHAT REALLY HAS TO HAPPEN IS A GREAT DEAL MORE SOURCE CONTROL THAN WE'RE ABLE TO EFFECT BY OUR CURRENT WAY OF LIVING. AND SO THERE HAS TO BE A VERY BROAD BASED COMMUNITY EFFORT IN ORDER TO MAKE NON-DEGRADATION WORK. AND I'D RATHER STATE AT A MUCH SMALLER SCALE AND TAKE THE TIME TO TEST THESE FACILITIES, MAKE SURE THEY WORK BEFORE WE GO FORWARD WITH THIS DEAL.

Mayor Garcia: THANK YOU. [ APPLAUSE ]

Mayor Garcia: AND LET ME ANNOUNCE BEFORE MS. ROGERS START THAT THE MINUTE AND 12 SECONDS THAT WERE LEFT WERE UTILIZED BY MR. KESSEL. MS. ROGERS, WELCOME. AND FOLLOWING HER IS MEAN IN A DEFINE.

CAN I HAVE TWO MINUTES?

Mayor Garcia: YOU'VE GOT THREE. THE PEOPLE WHO MADE THE LIST GAVE YOU THREE. JUST A SECOND, GIVE HER THE THREE MINUTES, PLEASE.

MY NAME IS ERIN ROGERS AND I'M HERE REPRESENTING THE SIERRA CLUB. I FIRST WANT TO LODGE A VERY STRONG OBJECTION TO THE UNFAIRNESS OF THE WAY THE PUBLIC COMMENT HAS BEEN LAID OUT TONIGHT. AND I'M SORRY THAT TWO-THIRDS OF THE PEOPLE WHO SIGNED UP TO SPEAK AREN'T GOING TO GET A CHANCE TO SPEAK. I FEEL VERY UNCOMFORTABLE SPEAKING WHEN A LOT OF OTHER PEOPLE DON'T GET TO SPEAK, SO I'M GOING TO TRY TO GO VERY FAST AND GET EVERYTHING IN. THE MAIN THING I WANT TO TALK ABOUT IS THE LEGISLATURE. THE LEGISLATURE IS A SPECTER THAT'S SORT OF BEEN HAUNTING THIS WHOLE PROCESS AND IT'S BEEN HANGING OVER OUR HEAD AND THEY MAY COME DOWN ON US IF WE DO SOMETHING THEY DON'T LIKE. SOMEONE MENTIONED SOMETHING EARLIER THAT THEY HAVE A BUNCH OF PROPERTY RIGHTS BILLS IN THE WORKS. WE DON'T KNOW WHAT'S GOING TO HAPPEN WHEN THE LEGISLATURE CONVENES IN JANUARY. IT'S TOTALLY UP IN THE AIR, DEPENDING ON WHO WINS THE GOVERNOR'S RACE, WHO'S THE SPEAKER, WHO'S THE LIEUTENANT GOVERNOR, WE COULD ACTUALLY HAVE A STRONGER, MORE UNITED, PRO ENVIRONMENT MOVEMENT IN THE LEGISLATURE THIS SESSION THAN WE HAVE BEFORE BECAUSE THE DEMOCRATS WILL BE MORE PARTISAN AND -- ANYTHING CAN PLAY OUT. SO WE CAN'T COUNT ON ANYTHING. ONE THING WE DO NOW IS THAT THERE'S A GROWING CONSENSUS AMONG LEGISLATORS, STATE AND LOCAL OFFICIALS AND OTHERS THAT TEXAS PARKS AND WILDLIFE IS GOING TO HAVE TO S A BOND ISSUE FOR A VERY LARGE AMOUNT OF MONEY BECAUSE THEY NEED TO HAVE ANOTHER SOURCE OF REVENUE TO MATCH FEDERAL DOLLARS BECAUSE OLD BONDS ARE RUNNING OUT. THERE ARE THREE STUDIES THAT ARE GOING TO -- THAT ARE BEING LOOKED AT BY THE LEGISLATURE AND LEGISLATORS THAT ARE VERY IMPORTANT THAT I WANT TO RUN THROUGH REALLY QUICK. THE FIRST IS TWO YEARS AGO GOVERNOR BUSH'S APPOINTED TASKFORCE ON CONSERVATION, HE APPOINTED PEOPLE TO LOOK AT THE STATE OF THE ENVIRONMENT IN TEXAS AND COME UP WITH RECOMMENDATIONS. OUT OF A TOTAL OF A 11 RECOMMENDATIONS, ONE OF THEM WAS PROTECT THE STATE'S SPRINGS. AND THIS -- THESE ARE JUST AN EXAMPLE OF THE SHIFTING CONSENSUS IN THE LEGISLATURE ON ENVIRONMENTAL PROTECTION. THIS REPORT SAYS THAT IT PRIORITIZES THE ACQUISITION OF LAND TO PROTECT WATER QUALITY AND AQUIFER RECHARGE AND URGES THE LEGISLATURE TO STRENGTHEN CURRENT LAWS FOR MANAGING SPRINGS AND PROTECTING THE DIVERSE AND THREATENED PLANTS AND WILD PARKS AND WILDLIFE SUPPORTED BY THE SPRINGS. SECONDLY, ANOTHER STUDY THAT THE LEGISLATURE IS GOING TO BE LOOKING AT IS A TEXAS TECH STUDY, A HUGE STUDY THAT WAS DONE LAST NOVEMBER, NOVEMBER 2001, TEXAS PARKS AND WILDLIFE FOR THE 21st CENTURY. IT'S A MASSIVE POLLING PROJECT THAT LOOKS AT TEXAS ATTITUDES ABOUT NATURAL RESOURCES, FOUND THAT THE CONDITION OF WATER RESOURCES, INCLUDING BOTH WATER QUALITY AND QUANTITY, IS BY FAR THE MOST IMPORTANT NATURAL RESOURCE AND ENVIRONMENTAL CONCERN OF TEXANS. THIS IS WHAT THE CONSENSUS THAT'S GROWING IN THE LEGISLATURE. THIRDLY, THE TEXAS PARKS AND WILDLIFE LAND AND WATER RESOURCE CONSERVATION PLAN, THIS IS THE -- [ BUZZER SOUNDS ] THIS IS THE PERICOMMISSIONERS SAYING THAT THE EDWARD'S PLATEAU IS A CRITERIA AREA WHERE THEY WANT TO SPEND MONEY ACQUIRING LAND TO PROTECT WATER QUALITY AND LAND CONSERVATION. THERE'S A VERY GOOD COMANS WE COULD BE GETTING FEDERAL AND STATE DOLLARS. DON'T UP ZONE THIS PROPERTY. LET'S KEEP IT LOW SO THERE'S A CHANCE THAT WE MAY BE ABLE TO ACQUIRE IT LATER. [ CHEERS AND APPLAUSE ].

Mayor Garcia: THE NEXT SPEAKER IS NETA DEFINE. AND SHE'S ALLOCATED TWO MINUTES. WELCOME.

THANK YOU. I'VE HEARD IT SAID THAT AS DEALS GO THIS IS A REALLY GOOD DEAL. THE PROBLEM IS WE DON'T WANT A DEAL. WHAT WE WANT IS FOR YOU TO ENFORCE THE LAW THAT IS THE S.O.S. ORDINANCE. WHAT I HAVEN'T HEARD ANYONE SAY WHEN ASKED IF THEY KNOW FOR SURE THAT THIS DEVELOPMENT IN THE WATER WILL NOT HARM THE AQUIFER OR THE SPRINGS OR THE SATURDAY AND SUNDAY IS THAT THEY CAN KNOW THAT FOR SURE. WE DON'T KNOW IT'S THE BEST, I'VE HEARD. AND QUITE FRANKLY, THAT'S JUST NOT GOOD ENOUGH. WE CANNOT AFFORD TO GO FORWARD WITH THIS DEAL NOT KNOWING WHAT THE LONG-TERM EFFECTS WILL BE ON THE SPRINGS, THE WATER QUALITY AND THE SALAMANDER. 53 DISTINGUISHED LOCAL SCIENTISTS SHARE OUR CONCERN AND HAVE ASKED YOU TO RECONSIDER THE SANITY OF THIS DEAL AT THIS TIME. WE CANNOT AFFORD THE RISK. I'M INCENSED WHEN I HEAR SOME OF YOU SAY THINGS LIKE EVERYONE KNOWS S.O.S. CAN NEVER WORK AND IT'S TIME TO GET ON WITH THE REAL WORK OF NEGOTIATG AND COMPROMISE. ON THE ISSUE OF COMPROMISE, I'M SICK OF HEARING THE WHINING ABOUT HOW WE ENVIRONMENTALISTS JUST DON'T BELIEVE IN COMPROMISE. IN THE 20-PLUS YEARS I'VE LIVED IN AUSTIN, I'VE SEEN COMPROMISE IN ACTION. BARTON CREEK SQUARE MALL IS A COMPROMISE, CIRCLE C IS A COMPROMISE, THE ENTIRE SOUTH MOPAC CORRIDOR IS A COMPROMISE. COUNCILMEMBER SLUSHER I HIM LEAF SAID THAT THOSE UGLY BUILDINGS ON MOPAC ARE THE RESULT OF A COMPROMISE, A SETTLEMENT I BELIEVE WAS THE WORD HE USED. IS. OUR POINT EXACTLY, COUNCILMEMBER SLUSHER. WE ALL KNOW IF WE VALUE THIS AQUIFER AS PEOPLE WOULD, WE WOULD HAVE ABSOLUTELY NO DEVELOPMENT. THE S.O.S. ORDINANCE ITSELF IS A COMPROMISE. IT'S ALREADY A VERY GENEROUS COMPROMISE IN FAVOR OF DEVELOPMENT, SO I DON'T WANT TO HEAR ANY MORE OF THE FECAL CHLOROFORM ABOUT OUR UNWILLINGNESS TO COMPROMISE. THE TRUTH IS WE HAVE BEEN COMPROMISED TO DEATH AND THERE'S JUST NO ROOM LEFT FOR MORE COMPROMISE. WE'VE COMPROMISED THE HEALTH OF THE SPRINGS, THE VERY EXISTENCE OF THE SALAMANDER TO THE BRINK OF EXTINCTION. SO HOW IS IT THAT THOSE OF US WHO SPEAK ON A MORATORIUM FOR FURTHER DEVELOPMENT -- [ BUZZER SOUNDS ] AT LEAST UNTIL WE CONFIRM THE AQUIFER CAN SUSTAIN GROWTH ARE PAINTED AS EXTREMIST. RAUL, WE THANK YOU FOR YOUR VOTE AND WE WILL REMEMBER IT. [ CHEERS AND APPLAUSE ] JACKIE AND DARRYL AND THE REST OF YOU, WE'LL ALSO REMEMBER YOUR VOTE AND WE WANT YOU TO KNOW THAT WE WILL STAND BEHIND YOU. WE ARE READY TO TAKE THIS FIGHT TO THE END. WE WILL STAND BEHIND YOU. IT'S NOT TOO LATE TO CHANGE YOUR MINDS. [ CHEERS AND APPLAUSE ].

VIRGIL PEARSON. MR. BURTON PEARSON? YOU HAVE THREE MINUTES. ROBERT SINGLON, THEY ONLY GAVE YOU TWO MINUTES. I DON'T KNOW EXACTLY WHY. [ LAUGHTER ]

I'LL MAKE IT VERY BRIEF AND SHORT. MY NAME IS DR. BURTON PEARSON. I HELPED ORGANIZE THE SCIENTISTS FROM U.T. TO COME OUT AND SAY SOMETHING ABOUT THIS ISSUE. WHAT I WOULD SAY IS BASICALLY THIS: THERE'S SOME SAD THINGS THAT HAPPEN IN SCIENCE, OKAY? FOR EXAMPLE, YOU'LL HAVE A GRADUATE STUDENT THAT SPENDS 10 YEARS OF THEIR LIFE ON A PH.D. PROJECT WORKING VERY, VERY HARD AND A LOT OF MONEY, BUT WHEN THEY COME TO THE PRINCIPAL INVESTIGATOR AND THEY SAY LOOK, HERE'S MY RESULT, IF THE PRINCIPAL INVESTIGATOR LAST WEEK READ IN SCIENCE MAGAZINE SOMETHING THAT NEGATE WHAT THAT STUDENT HAS FOUND, THE PRINCIPAL INVESTIGATOR AND ALL SCIENTISTS HAVE TO SAY I'M OTHER, YOU'RE -- I'M SORRY, YOU'RE WRONG. SO IN THIS PARTICULAR CASE I WANT TO SAY THAT I AM PARTICULARLY SORRY BECAUSE I FEEL THAT WE'VE HAD SOME COUNCILMEMBERS HERE WHO HAVE BEEN EXTREME ENVIRONMENTALISTS FOR US AND WORKED FOR US FOR YEARS. IN THIS PARTICULAR INSTANCE, THOUGH, I'M SORRY, YOU'RE WRONG. I'VE GOT 52 PH.D.'S IN BIOLOGY STANDING BEHIND ME. I DON'T BELIEVE THAT A SINGLE PH.D. IN BIOLOGY HAS EVER BEEN CONSULTED ON THIS PARTICULAR DEAL, EVEN THOUGH I DO KNOW THERE'S A BIOLOGIST THAT WORKS FOR THE CITY AND IS ON THEIR PAYROLL. I DON'T THINK ANYONE WITH THIS LEVEL OF EXPERTISE HAS BEEN CONSULTED. I TELL YOU WHY IT MIGHT BE TIME TO DO THAT, THERE'S VERY RAPID ADVANCES IN OUR KNOWLEDGE OF WHAT CHEMICALS CAN DO. ONE OF THE IMPORTANT THINGS TO KEEP IN MIND IS VERY FEW STUDIES ARE DONE ON CHILDREN AND YET THEY ARE THE MOST VULNERABLE TO THE TYPES OF POLLUTION WE'RE TALKING ABOUT HERE, SMALL CHILDREN PLAYING AT BARTON SPRINGS, OKAY? SO NO MATTER, YOU KNOW -- THE UNFORTUNATE THING, YOU KNOW, IT COMES DOWN BASICALLY TO THIS, OKAY? IF A BIOLOGIST TELLS YOU DON'T DRINK THE WATER, YOU DON'T. [ CHEERS AND APPLAUSE ] AND IN THIS PARTICULAR CASE, THE ARSENIC THAT WE FIND IN THIS WATER, THAT CAUSES CANCER, THE AMERICAN CANCER SOCIETY SAYS NOW THAT ONE OUT OF EVERY THREE AMERICANS WILL HAVE CANCER BEFORE THEY DIE. YOU MIGHT ADD THAT UP ON THE COUNCIL AND FIND OUT HOW MANY THAT MINE. IT TURNS OUT WE HAVE -- THE BAD NEWS BIOLOGISTS HAVE TO DELIVER IS WE HAVE TO SAY LOOK IN SPITE OF YOUR PRETTY IDEAS AND YOUR WILLINGNESS TO PLANT WILD THUNDERSHOWERS IN YOUR DWRARD, IT'S NOT GOING TO WORK. THERE'S NOTHING SMART OR ECOLOGICAL ABOUT THIS DEAL. UNFORTUNATELY, IT'S JUST BAD FOR THE ENVIRONMENT, BAD FOR PEOPLE, BAD FOR THE DRINKING WATER, AND FURTHER ENDANGERS THAT SALAMANDER BECAUSE IT PROVIDES THE VERY TYPE OF POLLUTION THAT EVERYONE SAYS IS KILLING THAT WATER, KILLING THE AQUIFER AND KILLING THE SALAMANDER, OKAY? IT'S PROVIDING AN URBAN SOURCE OF PRIEWTION POLLUTION AND IT'S FURTHER DOING DAMAGE TO THAT SITUATION. THANKS. [ CHEERS AND APPLAUSE ]. AND ALL 52 OF THESE BIOLOGISTS HAVE VOLUNTEERED TO HELP THE CITY CRAFT A BETTER DEAL. WE'VE ALL 52 VOLUNTEERED TO HELP. IF WE COULD HAVE A LITTLE MORE TIME SO OUR EXPERTISE COULD BE FELT I THINK THE WHOLE COMMUNITY MIGHT FEEL BETTER. THANKS. [ CHEERS AND APPLAUSE ].

Mayor Garcia: FOLLOWING MR. SINGLETON IS MR. CURT BECKER. MR. SINGLETON, THEY ASSIGNED YOU TWO MINUTES.

DID DR. BURTON USE ALL OF HIS TIME?

> Mayor Garcia: YES.

I JUST WANTED TO KNOW IF YOU NOTICED HOW VIRTUALLY NONEXISTENCE THE CAT CALLING WAS IN THE CHAMBERS UNTIL YOU DENIED PEOPLE THEIR RIGHT TO SPEAK. I'VE ONLY GOT TWO MINUTES AND I DON'T HAVE MUCH TIME TO TALK ABOUT THE STOCK VALUES. I LOOKED AT THE STOCK VALUES OF THIS COMPANY OVER THE LAST TWO YEARS. THE DOWNWARD SLOPE WAS DEEP ENOUGH THAT EVEN STRATUS MIGHT NOT BE ABLE TO BUILD ON IT. ALTHOUGH WITH COUNSEL THEY MIGHT. I WENT TO THE LIBRARY TODAY AND I WANT TO SAY THAT I'M NOT A LAWYER, BUT I CAN READ AND I WANT TO READ YOU A COUPLE OF THINGS THAT I FOUND IN THE LOCAL GOVERNMENT CODE. FIRST IS SECTION 211.0067, PROCEDURES GOVERNING ADOPTION OF ZONING REGULATIONS. A REGULATION OR BOUNDARY IS NOT EFFECTIVE UNTIL AFTER A PUBLIC HEARING ON THE MATTER IN WHICH PARTIES INTERESTED AND SIT CITIZENS HAVE AN OPPORTUNITY TO BE HEARD. I HAND YOU MY ANALYSIS OF THAT. I DON'T THINK THAT'S WHAT'S HAPPENING HERE. I DON'T THINK CITIZENS ARE GETTING THEIR RIGHT. IT'S AN INDIVIDUAL RIGHT. IT'S NOT A GROUP RIGHT. NO ONE HAS THE AUTHORITY TO TELL ANYBODY OUT HERE THEY CAN'T SPEAK! I LIED TO A LOT OF THESE PEOPLE YESTERDAY. I WAS ON THE RADIO FOR 30 MINUTES AND I LIED TOO A LOT OF THEM AND I TOLD THEM, COME ON DOWN, YOU WILL BE ALLOWED TO SPEAK. I WASN'T AWARE THAT SOMEBODY WAS GOING TO RUN AROUND MAKING A LIST DECIDING WHO COULD SPEAK AND WHO COULDN'T. THIS IS A VIOLATION OF CITIZENS' RIGHTS. SECTION 211.004, COMPLIANCE WITH COMPREHENSIVE PLANS. ZONING REGULATIONS MUST BE ADOPTED IN ACCORDANCE WITH A COMPREHENSIVE PLAN AND MIGHT BE DESIGNED TO LESSEN CONGESTION IN THE STREETS, SECURE SAFETY FROM FIRE AND PANIC AND OTHER DANGERS, BUT WHAT I FELT WAS INTERESTING WAS FIVE AND SIX, PREVENT THE OVERCROWDING OF LAND AND SIX, AVOID UNDUE CONCENTRATION OF POPULATION. YOU'RE TALKING APPROXIMATE R. ABOUT A PLAN THAT'S CLUSTERING. IT'S CLEARLY IN VIOLATION OF THE COMPREHENSIVE PLAN. THE PLAN HAS TO BE APPLIED TO ALL ZONING CASES. YOU ARE VIOLATING STATE LAW IF YOU VOTE FOR THIS. YOU HAVE THE RIGHT TO SAY NO TO THIS TOO. I FOUND THIS INTERESTING IN THE CASE NOTES ON THIS. WHERE EVIDENCE SUPPORTED FINDING THAT CONVERSION OF RESIDENTIAL PROPERTY AND THE BUSINESS PROPERTY-- I'LL HAVE TO LEAVE THIS FOR YOU GUYS. I JUST WANT TO CLOSE WITH THIS: THE QUESTION THAT'S NOT BEEN ASKED HERE IS NOT-- THE QUESTION THAT'S BEING ASKED IS IS THIS BETTER THAN STRATUS' ALTERNATIVES, BUT THAT'S NOT THE QUESTION YOU OUGHT TO BE ASKING. YOU OUGHT TO ASK IS IT GOOD ENOUGH FOR BARTON SPRINGS. IT'S LIKE SAYING THE OPERATION WAS A SUCCESS, BUT THE PATIENT DIED. IF BARTON SPRINGS DIES AS A RESULT OF THIS PROPOSAL, I DON'T CARE HOW MUCH WORSE WHAT THEY COULD HAVE DONE WAS. THE QUESTION IS NOT IS THIS BETTER THAN WHAT THEY COULD DO WITHOUT THE DEAL, BUT IS IT GOOD ENOUGH TO SAVE BARTON SPRINGS. YOU WON'T KNOW THAT UNLESS YOU INSTITUTE A MORATORIUM, LISTEN TO THE SCIENTISTS, TAKE THEIR OFFER AND DO SOMETHING REAL TO SAVE THE BARTON SPRINGS, NOT JUST SAY, WELL, THIS IS BETTER THAN WHAT WE WOULD HAVE HAD. [ CHEERS AND APPLAUSE ].

Mayor Garcia: CURT BECKER? AND FOLLOWING MR. BECKER, ROGER SETTLER. MR. BECKER, WELCOME, SIR.

WE'VE HEARD THAT JIM BOB AND FREEPORT DON'T HAVE NEGATIVE TO WITH THIS, EVERYBODY HAS SKELETONS IN THE CLOSET. JIM BOB'S SKELETON IS 1704. AND I KNOW ABOUT THE SKELETON THAT ORDERED A BEER AND A MOOP IN A BAR. THERE'S GOING TO BE A LOT OF CLEANING UP AFTER THIS. THEY HELD S.O.S. ON BASIS THAT S.O.S. WASN'T A ZONING ORDINANCE, IT WAS A QUART QUALITY ORDINANCE. AT THIS TIME YOU'RE TRYING TO IMPLEMENT S.O.S. AS A A ZONING ORDINANCE. IT WASN'T DESIGNED FOR THAT. IT'S NOT WORKING VERY WELL. WITHOUT S.O.S. YOU DON'T HAVE ANY ZONING ORDINANCE AS ALL, WHICH DOESN'T MAKE S.O.S. A GOOD ZONING ORDINANCE. YOU'VE GOT VESTED RIGHTS, CLASH OF LEGAL PRINCIPLES BETWEEN PROPERTY RIGHTS OF LANDOWNERS AND THE POLICE POWER OF THE CITY. YOU'VE GOT NO ZONING WHATSOEVER. NO POLICE POWERS. IT'S A RESERVED RIGHT THAT CANNOT BE WAIVED. AND THE -- I'VE LOOKED AT THE 1704. WE'VE -- I DON'T THINK IT'S A SLAM DUNK EITHER WAY, BUT I THINK WE'VE GOT A REAL STRONG CHALLENGE TO IT. WE'VE HAD A LOT OF LAWSUITS. WHY THROW ALL THESE AWAY? IT GIVES AM MISSION NG TO WIN IT. A COUPLE MORE POINTS. WE CAN ARGUE THAT 1704 IS UNCONSTITUTIONAL. WE CAN ARGUE THAT THE APPLICATION OF 1704 IN THIS INSTANCE IS UNTUITION NATIONAL. YOU'VE GOT NO ZONING POLICY, NO POLICE POWERS. THAT'S BEEN WAIVED. I'LL BE REAL QUICK HERE. I WENT AND LOOKED UP SOME OF THE LEGISLATIVE HISTORY OF HOUSE BILL 4 THAT WAS THE ORIGINAL ONE. IT WAS 123 PAGES LONG THAT'S PROPOSED IN THE HOUSE. IT ESTABLISHES EVERYTHING FROM WORLD TRADE TO SMALL BUSINESS ASSISTANCE. THAT'S HOUSE BILL 4. IN THE SENATE THEY PARED IT DOWN A BUNCH. I DON'T WANT TO TAKE THE TIME TO GO INTO DETAILS. WE'VE HAD A LOT OF LAWSUITS WITH THIS AREA, CHANGES TO 1704 HAVE FOLLOWED THEM. AND WHEN THEY REVISED THE DEPARTMENT OF COMMERCE, HAD THEY BOUGHT THAT, THAT'S WHEN 1704 GOT REPEALED. BUT I THINK WE CAN BEAT THAT. [ BUZZER SOUNDS ] AND WHAT I WANT IS A CHANCE TO DO IT. GIVE US A CHANCE TO SHOW YOU HOW. [ CHEERS AND APPLAUSE ].

Mayor Garcia: MR. ROGER SETTLER. AND FOLLOWING MR. SETTLER IS MR. BILL BUNCH. MR. SETTLER, YOU WERE ASSIGNED TWO MINUTES.

MR. MAYOR, COUNCILMEMBERS AND STAFF, IN ANOTHER CRISIS IN AMERICAN HISTORY, THOMAS PAYNE WROTE A SERIES OF PAPERS ENTITLED COMMON SENSE. AND THAT'S WHAT LACKING IN OUR POLITICAL, SOCIAL AND BUSINESS LIFE TODAY, COMMON SENSE. YEARS AGO IN LUBBOCK, I SPOKE TO A COUNCIL MEETING WHERE THEY WERE CONSIDERING WHETHER OR NOT TO PAVE A LAKE AND KILL 100 TREES, IN LUBBOCK YET, 100 TREES. WELL, THEY DID IT. AND AT THE TIME I SAID PARKING LOTS ARE MADE BY FOOLS LIKE ME, BUT ONLY GOD CAN MAKE A TREE. WELL, THE CREATOR HAS GIVEN US THE AQUIFER. HE MADE THE AQUIFER,. AND I FEAR IT WON'T TAKE VERY MANY FOOLS TO DESTROY IT. I WANT TO LOOK AT EACH COUNCILMEMBER FOR A FEW MINUTES AND TALK TO THEM WITH SOME COMMON SENSE. FIRST RAUL ALVAREZ. YOU'RE OUR HERO, RAUL. YOU'VE STOOD WITH THE PEOPLE, YOU'VE HEARD THE VOICE OF THE PEOPLE AND YOU REMAIN TRUE. JACKIE AND DARRYL, AT ONE TIME YOU WERE LIONS OF THE MOVEMENT. WHAT HAPPENED? COME BACK TO YOUR ROOTS? IT'S NOT TOO LATE TO DO SOMETHING YOU WILL REGRET FOR THE REST OF YOUR LIFE. USE SOME COMMON SENSE AND VOTE NO TO THIS. [ CHEERS AND APPLAUSE ]. WE LOVE YOU GUYS AT ONE TIME. WHAT HAPPENED TO YOU? BUT I LOOK AT COUNCILMEMBER THOMAS, I SEE A GOODMAN WITH A GOOD HEART. I CAN'T BELIEVE THAT HE CAN LOOK IN HIS HEART TONIGHT AND VOTE YES ON THIS PROPOSAL. IT'S WRONG AND YOU KNOW IT. GUS GARCIA, ANOTHER LION OF THE CIVIL RIGHTS MOVEMENT. YOU FOUGHT FOR YEARS FOR THE PEOPLE. DO YOU WANT TO END YOUR CAREER VOTING AGAINST THE PEOPLE? I URGE YOU TO LOOK IN YOUR HEART AND KNOW THAT THIS IS THE WRONG THING TO DO, THE WRONG TIME TO DO IT AND THE WRONG WAY TO DO IT. WHAT IS WAITING A FEW MORE MONTHS GOING TO HURT? IF BEFLY GRIFFITH WERE STILL HERE, YOU KNOW THIS THING WOULDN'T PASS, SO LOOK IN YOUR HEARTS, DO THE RIGHT THING. YOU KNOW RIGHT THING TO DO. JUST DO IT. [ CHEERS AND APPLAUSE ]

MR. MAYOR, THERE WAS AN ERROR. DR. BURTON PEARSON -- SHOULD IT BE ALLOCATED TO MR. BUNCH?

Mayor Garcia: MR. BUNCH, YOU GET SIX MINUTES. THIS HAD DR. BURTON PEARSON'S TIME.

I'LL DO MY BEST NOT TO USE IT ALL. I FIRST WANT TO JUST AGAIN POINT OUT WHAT I BELIEVE TO BE THE FUNDAMENTAL ON FAIRNESS OF THIS WHOLE PROCESS. IT'S RATHER TELLING TONIGHT THAT YOU HAVE PROBABLY 90% OF THE FOLKS OUT TONIGHT AGAINST THIS, AND YET WE HAVE DEFINED A FAIR HEARING PROVIDING AN HOUR AND A HALF FOR THOSE IN SUPPORT WITH ONE HOUR FOR THOSE AGAINST. IT'S SADLY TELLING AND INDICATIVE, I BELIEVE, OF A PERCEPTION OF THE CITY AS BEING WEAK IN THE FACE OF THIS RATHER PUNY AND ANONYMOUS CORPORATION. AND I THINK THE COMMUNITY IS HERE TO SAY, PLEASE TAKE OFF THE MANTEL OF POWERLESSNESS. WHERE DID YOU TAKE IT ON? WHO TOLD YOU YOU WERE POWERLESS AND WHEN DID YOU START BELIEVING IT? WHEN DID YOU START BELIEVING THAT? [ APPLAUSE ] THE FUNDAMENTAL PREMISE OF THIS DEAL IS THAT THE ONLY ALTERNATIVE IS SOMETHING FAR WORSE. YOUR STAFF WON'T EVEN PUT UP A COMPARISON OF CURRENT CONDITIONS. S.O.S. WITH INTERIM ZONING. CAN'T YOU AT LEAST PUT THAT ON THE CHART AND SHOW IT AS A POSSIBILITY? YOU WON'T EVEN EMBRACE OR EVEN TALK ABOUT A FUTURE POSSIBILITY THAT ENVISIONS SAVING THE SPRINGS. A COMMUNITY THAT HAS LEADERS WITH NO VISION NEEDS A VISIONING PROJECT. AND THAT'S WHAT WE HAVE. WE HAVE A VISIONING PROJECT, BUT IT DOESN'T SUBSTITUTE FOR VISION. MR. WYNN, YOU TOLD US A COUPLE OF WEEKS AGO YOUR FAVORITE BOOK IS SUBURBAN NATION. COULD YOU, LIKE, READ IT AND MAYBE VOTE IN ACCORDANCE WITH THAT BOOK? COULD WE TALK ABOUT THAT IN SOME HEALTHY DIALOGUE? I REALLY DON'T GET IT. A FEW KEY POINTS AND I'LL COME BACK TO THAT THEME. TO FOLLOW UP WITH MR. BLIZZARD'S POINT TO THE PIPELINE, THIS TRACT YOU'RE DISCUSSING HAS THE SHELL PIPELINE. YOUR STAFF KNOWS THAT THEY'RE GOING TO COME IN AND ASK FOR THAT TO BE CONVERTED TO HIGHLY HAZARDOUS GASOLINE LIKE THE LONGHORN PIPELINE. THERE'S BEEN ABSOLUTELY NO DISCUSSION ABOUT HAVING SAFE SETBACKS FROM THAT PIPELINE EITHER. THINGS -- IN SPITE OF GOOD INTENTIONS, INCREDIBLY IMPORTANT ISSUES WERE OVER LOOKED ALONG THE WAY. IT'S ONE THING FOR VILLAGE OF WESTERN OAKS WHO HAVE BEEN BUILT RIGHT UP AGAINST THE LONGHORN PIPELINE AND OTHER NEIGHBORHOODS IN YEARS PAST WHEN IT WAS CRUDE OIL AND IT WAS NOT YEAR AS DANGEROUS, WE NOW KNOW IT'S GOING TO BE A FAR MORE HAZARDOUS PIPELINE AND THERE WILL BE ANOTHER ONE COMING ALONG. YET YOU ARE IGNORING YOUR DUTY TO THOSE FUTURE RESIDENTS WHO LIVE OUT THERE WHO CANNOT BE REPRESENTED HERE TODAY. AND YOU'RE NOT THINKING ABOUT THEM AND YOU'RE NOT PROTECTING THEM. THAT IS AN BROTHERGATION OF YOUR DUTIES TO THIS COMMUNITY. ABROGATION. I WANT TO GO TO A LEGAL QUESTION, BUT IT ALSO GETS BACK TO EMBRACING WHAT IS THE VISION. YOU HAVE I AM BRACED A VISION THAT MEANS WE CANNOT SAVE THE SPRINGS. YOU'VE TAKEN ON A COMPLETE NEWS FROM AROUND YOUR WORLD VIEW OF FAILURE. YET ALL OF YOU ARE INCREDIBLY TALENTED AND CARING INDIVIDUALS. WE HAVE A MAN IN THE WHITE HOUSE WHO IS TOTALLY INCOMPETENT, BUT HE'S THERE BECAUSE HE BELIEVES HE COULD GET THERE. [ LAUGHTER ] IF GEORGE BUSH CAN BE IN THE WHITE HOUSE, YOU CAN SAVE THE SPRINGS. [ CHEERS AND APPLAUSE ]

Mayor Garcia: I HOPE YOU'RE NOT OKAYING THE USE OF HIS TACTICS, ARE YOU?

PARDON?

Mayor Garcia: I SAID I HOPE YOU'RE NOT ADVOCATING THE USE OF THOSE TACTICS BY US, ARE YOU? [ LAUGHTER ]

WELL, I DO THINK THIS IS VERY MUCH LIKE GEORGE BUSH'S TAX CUT BECAUSE YOU WANT TO PUSH IT THROUGH AND NOT TALK ABOUT 16 AND A HALF MILLION DOLLARS IN PAYOUTS ON TOP OF THE BUDGET WHEN YOU'RE GOING TO HAVE TO TALK ABOUT HOW MUCH MONEY WE DON'T HAVE. I THINK IT WOULD BE MORE HONEST TO DELAY THAT DECISION AND TALK ABOUT THAT ENORMOUS FOREGOING OF FUND AND EXPENDITURE OF FUNDS IN THE CONTEXT OF HOW STRAPPED WE REALLY ARE. [ APPLAUSE ] YOU PAID THIS COMPANY $17 MILLION FOR M.U.D. REIMBURSIBLES BASED ON AN AGREEMENT FROM ABOUT 18 YEARS AGO. WELL, THAT AGREEMENT ENVISIONED YOU HAVING THE POWER TO ZONE THIS LAND AS APPROPRIATE UPON ANNEXATION. WE FULFILLED OUR DUTY. WE ANNEXED THEM, WE PAID THEM $17 MILLION. NOW, BECAUSE WE PAID THAT AND WE LIVED UP TO OUR OBLIGATIONS, WE GET TO EXERCISE OUR RIGHTS. AND THAT MEANS TO ZONE THEM APPROPRIATELY. AND YET YOU'RE REFUSING. EVERYTHING YOU'RE SAYING IS WE HAVE NO POWER. AND THAT IS WRONG UNDER THE LAW, IT IS WRONG UNDER THE M.U.D. AGREEMENTS AND IT IS WRONG UNDER THE ZONING STATUTES. AND MR. SINGLETON JUST SPOKE TO YOU ABOUT IT. WE HAD A COMPREHENSIVE PLAN ADOPTED UNANIMOUSLY BY TWO PLANNING COMMISSIONS AND TWO CITY COUNCILS BEFORE MR. BRADLEY EVER TURNED A SPADE OF DIRT OR FILED A PIECE OF PAPER. IT WAS IN PLACE AT THE OUTSET. THE ORIGINAL RULES OF THIS GAME WERE WE RETAIN FULL POWERS TO ZONE AND PROTECT THE SPRINGS. AND YOU'RE NOT ONLY GIVING THOSE AWAY, YOU'RE PAYING THEM AN OBJECT SEEN AMOUNT OF MONEY AT THE SAME TIME. IT'S WRONG. IT IS COMPLETELY WRONG. [ APPLAUSE ]

Mayor Garcia: MR. DIRK MITCHELL, KIRK MITCHELL? AND MR. MITCHELL, THEY'VE GIVEN YOU A MINUTE AND A HALF. I WAS GOING TO GIVE YOU THE OTHER 1:12, BUT SOMEONE ELSE USED IT.

I THINK YOU SHOULD GIVE US ALL OTHER THREE MINUTES EACH, FRANKLY.

Mayor Garcia: FOLLOWING HIM IS MR. BUD LANGUAGELY. WELCOME, SIR.

I'M KIRK MITCHELL. CHAIRMAN OF THE BOARD OF SAVE OUR SPRINGS EYE ALLIANCE. ON ON BEHALF OF THAT, I WOULD LIKE TO APOLOGIZE TO THE CITY FOR THE FACT THAT WE ARE NOW SUING THE CITY AND STRATUS TO TRY TO ASSERT OUR CLAIMS THAT 1704 OR SECTION 245 DOES NOT APPLY TO THE S.O.S. ORDINANCE AND YOU HAVE A RIGHT TO ENFORCE IT. I SAY THAT BECAUSE WE'RE LOYAL, PATRIOTIC CITIZENS WHO LOVE OUR CITY. YOU KNOW THAT ABOUT US. WE'VE WORKED ON OUR CAMPAIGNS. WE'VE BEEN HERE FOREVER. WE DON'T GET PAID FOR THIS. [ APPLAUSE ] WE DO NOT RELISH SUING OUR BELOVED CITY. WHAT HAS HAPPENED, THOUGH, IS THAT THE CITY HAS FOR SEVERAL YEARS ALREADY WITH ITS GREAT RESOURCES, HAS CHOSEN NOT TO ACT AND WE'VE BEEN FORCED TO ACT. WE'VE STEPPED INTO THE BREACH WHERE THE CITY HAS FAILED TO DO THEIR DUTY, IN OUR VIEW. WE WELCOME YOU BACK TO THE FIGHT. WE WANT YOU TO JOIN US. WE DO NOT WANT TO SUE YOU. WE WANT YOU TO JOIN US AND ARGUE WITH US IN COURT FOR OUR CITIZENS AND THE CITY HOME RULE POWERS, INCLUDING THE RIGHT TO ENFORCE THE S.O.S. ORDINANCE. [ APPLAUSE ] I CANNOT DREAM THAT YOU CAN TAKE YOUR OATH OF OFFICE AND THEN SEND YOUR LAWYERS INTO COURT TO ACTUALLY GIVE AWAY THOSE POWERS. IT'S NOT THE RIGHT THING TO DO. WE WANT YOU TO JOIN US -- [ BUZZER SOUNDS ] WE HOPE FOR THE BEST. THERE WAS A -- AT THE EMERGENCE OF THE UNITED STATES AS A GREAT WORLD POWER, THE CRY WENT UP AGAINST THE MAN OF THE PIRATES IS TRIBUTE, MILLIONS FOR DEFENSE AND NOT A PENNY FOR TRIBUTE. IF YOU WOULD JOIN US IN THAT SENTIMENT, I THANK YOU. [ APPLAUSE ]

Mayor Garcia: MR. BUD LANGELY. AND FOLLOWING MR. LANGELY IS MR. BOB RUSSELL.

MY NAME IS BUD. I'M THE ELECTED REPRESENTATIVE OF OVER TWO THOUSAND PEOPLE, HOMEOWNERS OF THE NEW VILLAGE OF WESTERN OAKS. YOU HAVE A CITY LAWYER WHO TELDZ US THAT WILDLIFE IS NOT PROPERTY. HE'S WRONG. YOU HAVE A CITY BIOLOGIST WHO TELLS YOU THAT CLUSTERING IS A GOOD IDEA, BUT YOU CAN'T PUT A NUMBER TO IT. WE HAVE TONIGHT HERE 51 PH.D.'S WHO ARE OFFERING HELP. YOU ARE NOT LISTENING TO THEM. WATCHING THE NEWS TONIGHT THE HEADLINE WAS THAT ENVIRONMENTALISTS OPPOSE THE CITY/STRATUS DEAL. THEY'RE ONLY PARTIALLY CORRECT. WE REPRESENT MANY HOMEOWNERS, THOUSANDS OF HOMEOWNERS WHO OPPOSE THIS DEAL. [ APPLAUSE ] WE OPPOSE IT ON ENVIRONMENTAL REASONS, WE OPPOSE IT PRIMARILY BECAUSE THE MEMBERS OF OUR ASSOCIATIONS ARE STUCK WITH THE IMPERVIOUS COVER. [ BUZZER SOUNDS ] I SENT YOU A LETTER TODAY BY COURIER THAT DETAILS THE -- MANY OF THE REASONS WHY WE OPPOSE THIS DEAL. PLEASE, I ENCOURAGE YOU TO TAKE A LOOK AT IT, TAKE IT SERIOUSLY. WE ARE HERE AND WE OPPOSE THIS DEAL. WE WILL BE OUT THERE WITH S.O.S. GETTING SIGNATURES FOR A REFERENDUM TO OVERTURN YOUR VOTE IF YOU VOTE FOR THIS. CLEARS. [ CHEERS AND APPLAUSE ].

Mayor Garcia: MR. BOB RUSSELL IS THE LAST SPEAKER. HE HAS TWO MINUTES. MR. CHAPA, DO THEY HAVE ANY TIME LEFT IN THE 60 MINUTES?

NO, SIR.

Mayor Garcia: OKAY. MR. RUSSELL, YOU HAVE TWO MINUTES.

WELL, I SWAM IN BARTON SPRINGS 50 YEARS AGO WHEN I WAS 12. THAT KIND OF TELLS YOU SOMETHING ABOUT HOW OLD I AM NOW. AN THE WATER WAS SO ABSOLUTELY CLEAR, I COULD NOT BELIEVE IT. I REMEMBER WHEN I FIRST SAW IT, I HAD MY MOTHER AND MY LITTLE BROTHER WITH ME. THEN I PUT MY FOOT IN IT AND I SAID I'M NOT GOING IN THERE. THAT'S COLD. SO MY MOTHER STARTED IN HER TYPICAL FASHION THROWING MONEY INTO THE WATER. AND NO MATTER WHERE SHE PUT THAT MONEY IN, YOU COULD SEE IT ON THE BOTTOM. AND I MADE A LOT OF NORTH AUSTIN WAY. -- A LOT OF MONEY THAT WAY. NOWADAYS YOU COULD LOSE A LOT OF MONEY THAT WAY. WELL, I'VE BEEN HERE TO ALL THESE HEARINGS. I EVEN WENT TO THE ZAP HEARING. I HEARD EVERYBODY SPEAK. I'VE BEEN PERSUADED BY EVERY ONE OF THEM, EVEN THE SUITS OVER THERE. THEY SOUND REASONABLE. ALL THESE OTHER PEOPLE SOUND REASONABLE, SO WHAT DO I DO? WHERE DO I COME DOWN ON ALL OF THIS? WELL, THE ONLY THING I CAN THINK OF IS BARTON SPRINGS IS NOT LIKE IT USED TO BE. AND I FEEL LIKE THAT IF WE CONTINUE TO PUT MILLIONS OF SQUARE FEET OF DEVELOPMENT, 1700 HOMES, IF WE CONTINUE TO DO THAT, WE'RE NOT GOING TO HAVE INTRINGZ BARTON SPRINGS VERY MUCH LONGER. IT'S GOING TO BE FINISHED. AND I'D LIKE TO BE ABLE TO THROW MONEY IN THERE FOR MY GRANDKIDS. MY KIDS ARE TOO OLD. IT'S UP TO YOU. IT'S COME DOWN TO THIS, IT'S TIME TO VOTE. WHAT ARE YOU GOING TO DO? DANNY THOMAS, WILL WYNN, BETTY, GUS, RAUL, JACKIE WRUFER YOUWHEREVER YOU ARE DARRYL? I WISH YOU WERE RIGHT BEHIND ME. [ CHEERS AND APPLAUSE ]. [ BUZZER SOUNDS ] I'M GOING TO SAY SOMETHING THAT'S BECOME A CLICHE. DO YOU WANT TO SAVE THE SPRINGS? [ CHEERS AND APPLAUSE ].

Mayor Garcia: LET ME READ INTO THE RECORD -- LET ME READ INTO THE RECORD THE PEOPLE WHO ARE REGISTERED AGAINST. PHILLIP FULLTON, MARY ARNOLD, ROSEMARY BUNCH, NORM KOUTER. I'M NOT LISTING THE PEOPLE WHO ALREADY SPOKE. EVAN ERICSON. DANA BLANTON, COREY SIMON. DIANE EMERT AND DAVID EMERT. REBECCA MORRIS. MEREDITH LATAK. RAY GOODRICH. JOHN LARKIN. ELAINE ROBBINS, MARLA KENT. STEPHANIE STONE. SETH BULA. MARGARET CARTER, JIM CROSS BY, COLIN CLARK, JOHN BUSH, DANA HAIL, BARBARA HILLIARD, SUSAN SCHAEFER, STEVEN RAY, VAN THOMPSON, KEN HAYS. ILA FOSTER. JOHN LASER. PAUL CANCEL SICK. STEVE KUBENKA. MARTHA STING CAN I. SUSAN MASON. THAT HAD GORDON. DOROTHY WADE. DONNA HOFFMAN ALIST I CAN'T SERAPILGA. SUSAN ROCK WELL. LAURA WILSON. TONYA REEVES. WILLIAM WILKERSON. LONNIE VEKA. PAUL ROBBINS, TISSUE MILLER, JENNIFER BALKAN. ROBIN TRUSTEE. HAIR 80 HARRIS. WITTILY SMITH, ANITA EARNEST, MARY BERKWITH. CONNIE SEE GALLON, MARY LEHMAN, ANDREW McKEN IN A, ANNIE HUDSON. CURT SELL MER, TONY BELL, MEGAN LARKIN. BRUCE HUGHES, DAWN SORNAS. GREG TOMMY. GREG -- I THINK I RECOGNIZE HER. NO, I DIDN'T. TODD WILSON. RAY GILLY. JANE GILLY. STEWART ORBNER. CARLY DILL LADDER. SUSANNA ALMANZA. MELANIE ROSE. PAUL MULLIN. LISA ANDERSON. SANDY SENSING. SAN IN A ALLEN. LENA PERRY. SUSAN TEETS. RODNEY GIBBS. HARMONY MOORE. ROGER MITCHELL. DELANO HOLLINGSHEAD. SHARRY LAND. GINGER DUVAL. LEE I THINK RAM, CEA VIN OWE GIER. TIM ROSS. KAREN HUFF MAN. MICHAEL BURST, PAUL LESS THAN RUBEN, CLAUDETTE MONTERNO. ALLISON BRAWS, HEATHER ALDEN, JULIA HALPRIN, JULIE LOCK, ROSENA NEWTON. LORI WILLIAMS, WILLIAM HALL AWAY, ALLEN McGILL. CONNIE COLTON. KOROLLA MARAJI, LISA JONES AND ANTONIO CHRISTIAN. THOSE ARE ALL THE PEOPLE WHO SIGNED UP TO SPEAK.

[ INAUDIBLE ].

Mayor Garcia: I WAS JUST READING YOUR NAME FOR THE RECORD.

[ INAUDIBLE ]

Mayor Garcia: I'M NOT THROUGH WITH THE LIST. I'VE BEEN GIVEN A NEW LIST. ANDREA YATES DALHOUSE. MARK SHORE, MARK EVERETT, RON BELL, JOAN IVY, DAVID HEFNER, ELIZABETH, TOMMY EDEN, TOM HEARD, KATHY TOVO, SHERRY CHAPMAN, ROBBIE SHIELDS. MICHELLE WESTON, BUD LANGELY, PETER GONZALES, STEVE BANCH, JENNIFER TEES. I HAD ALREADY READ JENNIFER'S NAME INTO THE RECORD. THERE WERE 143 PEOPLE REGISTERED AGAINST. [ CHEERS AND APPLAUSE ]. AT THIS TIME, MR. CHAPA, IS THAT THE TIME LEFT ON REBUTTAL, 29:03?

YES, MAYOR.

Mayor Garcia: MR. DRENNER, ARE YOU GOING TO DO THE REBUTTAL OR SOMEBODY ELSE?

MAYOR, I THINK THE CITY IS GOING TO TAKE APPROXIMATELY THE FIRST 22 MINUTES, 23 MINUTES, AND THEN I'LL HAVE THE LAST FIVE OR SIX.

Mayor Garcia: OKAY. WHAT I WOULD PREFER WOULD BE THAT YOUR COMMENTS -- THIS IS A HEARING ON THE TWO TRACTS, NOT ON EVERYTHING ELSE. I KNOW THAT THE COMMENTS FOR OR AGAINST, YOU KNOW, COVERED OTHER, BUT THIS HEARING IS ABOUT THOSE TWO TRACTS. SO IF YOU COULD RESTRICT YOUR COMMENTS TO THOSE, THAT WOULD BE HELPFUL TO THE COUNCIL.

MAYOR AND COUNCIL, THERE WERE A COUPLE OF ITEMS THAT WERE ADDRESSED REGARDING ZONING, SO I WOULD LIKE TO ASK GREG TO COME UP AND ADDRESS THE ISSUE OF ZONING AND LEGAL. JUST THE COMMENTS.

COUNCIL, WHAT WE'VE BEEN ASKED TO DO IS TO DISCUSS -- BECAUSE THIS HAS BEEN PART OF THE CONVERSATION HERE TONIGHT AND ON OTHER NIGHTS, OF THE DIFFERENCE BETWEEN THE WATER QUALITY CLAIMS ON GRANDFATHERING AND HOW ZONINGS COULD BE TIED TO THAT IN A 1704 CLAIM. I WANT TO STRESS THAT ALL WE'RE DOING IS DEFINING WHAT STRATUS COULD CLAIM AS PART OF 1704. AND THERE ARE REALLY TWO PIECES TO IT.

Mayor Garcia: I WOULD PREFER THAT THAT BE DONE AFTER WE CLOSE THE PUBLIC HEARING BECAUSE THE PUBLIC HEARING IS ON THE TWO ZONING CASES.

THEN I TELL YOU WHAT WITH THAT WE PROBABLY DON'T HAVE ANYTHING WE NEED TO ADD BECAUSE WE HAVE ABOUT SIX QUESTIONS THAT YOU ALL HAD FLAM FRAMED FROM US ON OUR PRIOR PUBLIC HEARING, SO WE'LL HOLD ON IT AND REALLY I DON'T THINK FROM THE STAFF LEVEL THERE'S ANYTHING WE NEED TO ADD TO THE ZONING PIECE. GREG, LISA, AM I WRONG?

I THINK I HAVE ONE CLARIFICATION.

BECAUSE MOST OF THE OTHERS ARE CLARIFICATION OF ISSUES RAISED AT THE OTHER PUBLIC HEARING.

Mayor Garcia: WHEN WE FINISH THE PUBLIC HEARING ON THESE TWO TRACTS AND WE CLOSE IT, THE COUNCIL AND THE STAFF CAN RESPOND TO QUESTIONS THAT HAVE BEEN ASKED BECAUSE WE'LL BE BRINGING UP ALL THE OTHER ITEMS. AT THIS TIME THE ONLY THING THAT WE HAVE IS THOSE TWO TRACTS. SO IF YOU CAN -- IF YOU CAN DO A REBUTTAL ON THOSE TWO TRACTS, THEN WE CAN CONCLUDE THE PUBLIC HEARING, CLOSE THE PUBLIC HEARING AND THEN THE COUNCIL WILL START ASKING THE QUESTIONS.

SO I THINK REALLY THE QUESTION IS, MR. DRENNER, YOU HAVE SOMETHING YOU WANT TO ADD ON THE TWO ZONING TRACTS BECAUSE I THINK FROM THE STAFF'S PERSPECTIVE --

THAT'S FINE. WILL I HAVE AN OPPORTUNITY TO TALK ABOUT THE ENTIRETY OF IT DURING THAT NEXT SEGMENT?

Mayor Garcia: YOU WILL BE CALLED UP BY COUNCILMEMBERS, I CAN GUARANTEE YOU THAT, BECAUSE THERE HAVE BEEN QUESTIONS THAT HAVE BEEN ASKED THAT YOU AS REPRESENTATIVE OF THE APPLICANT AND THE OWNER WILL HAVE TO RESPOND OR SOMEBODY ELSE FROM YOUR COMPANY, STRATUS.

THAT'S FINE. GIVEN THE HOUR, THEN WE'LL PASS ON THE REBUTTAL ON THESE TWO CASES AND LET YOU GET DIRECTLY TO THOSE OTHER QUESTIONS.

Mayor Garcia: OKAY. THAT -- COUNCILMEMBERS, THAT'S ALL OF THE SPEAKERS ON THE PUBLIC HEARING, INCLUDING THE REBUTTAL. I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? MOTION BY COUNCILMEMBER DUNKERLEY. IS THERE A SECOND? SECONDED BY COUNCILMEMBER WYNN. ALL IN FAVOR.

AYE.

Mayor Garcia: OPPOSED NO. MOTION CARRIES ON A VOTE OF SEVEN TO ZERO. THE MOTION WAS MADE BY COUNCILMEMBER DUNKERLEY. SECONDED BY COUNCILMEMBER WYNN.

Wynn: MAYOR?

Mayor Garcia: COUNCILMEMBER WYNN.

Wynn: OUR MOTION TO CLOSE THE PUBLIC HEARING NEEDS TO ALSO SUSPEND THE RULES TO NOT ALLOW FURTHER COMMENT ON THE STRATUS ITEMS ZONING CASES SKI-4 AND Z-5.

Mayor Garcia: I'LL ADD THAT TO THE MOTION. AIL THOSE IF FAVOR, SIGNIFY BY SAYING AYE.

AYE.

Mayor Garcia: OPPOSED NO?

NO.

Mayor Garcia: MOTION CARRIES ON A VOTE OF -- HOW DID YOU VOTE. THIS IS JUST TO CLOSE THE PUBLIC HEARING?

Alvarez: I WAS GOING TO MOVE TO GO BEYOND.

Mayor Garcia: I'LL GET TO THAT. MAYOR PRO TEM, DID YOU VOTE TO CLOSE THE PUBLIC HEARING? RAISE YOUR HAND IF YOU SAID YES. YES. OKAY. WE -- AND NOW WE'LL ENTERTAIN A MOTION TO SUSPEND THE RULES SO THAT THE COUNCIL MEETING CAN GO BEYOND THE 10:00 O'CLOCK TIME. AND THAT MOTION IS MADE BY COUNCILMEMBER ALVAREZ. IS THERE A SECOND? SECONDED BY COUNCILMEMBER DUNKERLEY. ALL IN FAVOR.

AYE.

Mayor Garcia: OPPOSED NO? MOTION CARRIES. COUNCIL, AT THIS TIME I'M GOING TO CALL UP ITEMS NUMBER 21, 24 AND 25 RELATED TO THE PROPOSED SETTLEMENT AND ITEMS NUMBER 28 THROUGH 40 AND Z-4 AND 5 RELATED TO THE STRATUS ZONING CORRECTION. AND HERE'S AN OPPORTUNITY FOR THE CITY MANAGER AND THE STAFF TO RESPOND TO SOME OF THE ISSUES THAT HAVE BEEN BROUGHT UP AND AN OPPORTUNITY FOR THE COUNCIL TO ASK QUESTIONS ABOUT SOME OF THE TESTIMONY THAT HAS BEEN PRESENTED.

WE HAVE FOUR OR FIVE DIFFERENT THINGS THAT COUNCILMEMBERS HAVE ASKED US TO BE PREPARED TO RESPOND TO, BUT LET'S START WITH THE -- JUST THE SHORT AND SWEET DISCUSSION OF WHAT THE CLAIM WOULD BE ON ZONING.

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

FUTRELL: THIS CLAUSE THAT GREG HAS REFERENCED IS THE CLAUSE THAT CAME WITH THE LATEST VERSION OF HOUSE BILL 1704 THAT WAS REPASSED AFTER THE -- [ INAUDIBLE ] SO THIS WAS A NEW COMPONENT OF THE STATE 1704 AND IS TIED VERY CLOSELY TO SOME OF THE FACTS THAT SURROUND THESE TRACTS OF LAND. LISA, WITH THAT I THINK DID YOU WANT TO START -- HOW WOULD YOU LIKE TO RUN THROUGH YOUR Q AND A?

I WOULD LIKE TO HAVE OUR STAFF ADDRESS SOME OF THE ISSUES RELATED TO WATER QUALITY, ARSENIC LEVELS AND SEDIMENT IN BARTON SPRINGS. I THINK THOSE ARE THE MOST IMPORTANT. AND TO PROVIDE SOME ADDITIONAL INFORMATION IN TERMS OF THE DATA THAT'S BEEN CHECKED AND THE STAFF ASSESSMENT OF THAT. SO THAT'S ONE OF THE ISSUES THAT'S COME UP. AND THEN WE'LL GO FROM THERE. THERE'S A COUPLE OTHER ITEMS. NANCY McCLINTOCK AND LES TULL?

THANK YOU. I WOULD JUST LIKE TO VERY QUICKLY RESPOND TO A PART OF A PRESENTATION THAT WAS GIVEN LAST WEEK BECAUSE IT'S CAUSED SOME CONSIDERABLE CONCERN ABOUT THE TASTE OF SWIMMING IN THE POOL. THERE WAS SOME INFORMATION GIVEN AT LAST WEEK'S HEARING, A JUSTICE DID A CALCULATION USING THE CITY'S SEDIMENT DATA AND THE ARS NIC LEVELS IN THE CITY'S DATA AND CONVERTING THEM TO WATER CONCENTRATIONS. THERE WAS A UNIT CONVERSION MISTAKE THAT WAS USED, AND THE GENTLEMAN WHO DID THESE CALCULATIONS SURELY WOULD NOT HAVE MEANT TO DO THIS. I HAPPEN TO KNOW HIM. IT'S A SIMPLE MISTAKE TO MAKE. MANY PEOPLE MAKE IT, BUT IT RESULTED IN HIS FINDING THAT HE PRESENTED THAT THE LEVEL OF ARSENIC IN THE WATER AT BARTON SPRINGS WOULD BE A THOUSAND TIMES HIGHER THAN WHAT IS DETERMINED BY E.P.A. TO BE A SAFE LEVEL. I WOULD JUST LIKE TO CLARIFY THAT. IF THE CONVERSION HAD BEEN DONE CORRECTLY, THE RESULT STILL WOULD HAVE BEEN THAT THE CONCENTRATION WAS MORE THAN THE SAFE LEVEL DETERMINED BY E.P.A.; HOWEVER, WE ALSO HAVE AN ISSUE WITH THE LOGIC THAT WAS USED IN HIS CALCULATION. HE SAID THAT ONE GRAHAM OF SEDIMENT COULD BE SUSPENDED IN A LITER OF WATER AND WE SIMPLY HAVE NEVER SEEN THAT CONCENTRATION OF SEDIMENT IN THE WATER AT BARTON SPRINGS. WE TRIED TO FIND A COMPARABLE CONCENTRATION THAT MIGHT MAKE SENSE. WE PULLED THE DATA THAT WE HAVE ON STORM WATER TOTAL SUSPENDED SOLIDS, CONCENTRATIONS IN BARTON CREEK, AND USED THAT TO THEN KIND OF BACK INTO WHAT A CONCENTRATION OF ARSENIC COULD POTENTIALLY THEREFORE BE IN BARTON SPRINGS. AND WHEN YOU DO THAT CALCULATION, THE RESULTING ARSENIC CONCENTRATION IS FAR LESS THAN THAT SAFETY LIMIT. IT'S ABOUT A THIRD OF THAT MCL, THE MAXIMUM CONTAMINANT LEVEL FOR ARSENIC. EVEN THAT IS A LITTLE BIT QUESTIONABLE TO DO IT THAT WAY BECAUSE, FRANKLY, IF THE WATER -- IF THE SEDIMENT IN THE WATER AT BARTON SPRINGS POOL WAS AT THAT LEVEL, THE POOL WOULD BE CLOSED. FURTHERMORE, THE MAXIMUM CONTAMINANT LEVEL CONCENTRATIONS ARE BASED ON WORK THAT E.P.A. DOES THAT ASSUMES THAT A PERSON IS DRINKING TWO LITERS OF THAT WATER EVERYDAY FOR 70 YEARS. SO IT'S A LITTLE BIT OF AN INAPPROPRIATE ANALOGY TO USE. AND THE REASON I WANT TO TALK ABOUT IT HERE IS NOT TO CALL THAT PERSON DOWN OR ANYTHING, BUT I DON'T LIKE TO THINK ABOUT THE CITIZENS OF AUSTIN BEING AFRAID TO SWIM IN BARTON SPRINGS POOL. I THINK WE ALL -- I THINK MANY PEOPLE IN THIS ROOM HAVE WORKED HARD TO PROTECT BARTON SPRINGS SO THAT THAT WOULD NOT HAPPEN, SO THAT WE WOULD BE -- AND WOULD FEEL AND WOULD TRULY BE SAFE SWIMMING IN BARTON SPRINGS POOL. SO I JUST WANTED TO MAKE THAT COMMENT. AND HAVING SAID THAT, I WANT TO ALSO SAY THAT INDEED THE ARSENIC LEVELS IN BARTON SPRINGS POOL HAVE INCREASED OVER THE TIME THAT WE'VE BEEN MEASURING THEM, MOSTLY OVER THE LAST FIVE, SIX YEARS THAT WE'VE REALLY BEEN COLLECTING THAT KIND OF DATA. WE SEE OTHER -- AT LEAST NICKEL ALSO HAS BEEN INCREASING IN THE SAIDMENTS IN BARTON SPRINGS POOL, EVEN THOUGH THE OTHER METALS THAT WE MEASURE DO NOT APPEAR TO BE INCREASING OVER TIME, WE STILL SEE A CONCENTRATIONS OF METAL AT LEVELS THAT WE KNOW TO -- THAT CAN AFFECT AQUATIC LIFE. SO, YEAH, VERY BIG CONCERNS. AND THE PAH'S IN THE SAIDMENTS IN SPRINGS ARE EVEN A BIGGER PROBLEM. WE FREQUENTLY SEE THEM AT CONCENTRATIONS THAT ARE KNOWN TO AFFECT AQUATIC LIFE. WE'VE SEEN PESTICIDES. WE ARE SEEING PERSISTENT AND FREQUENT DETECTIONS OF THOSE TYPES OF CONTAMINANTS IN THE POOL. YOU KNOW, WE -- THE CITY STAFF HAS WORKED VERY HARD TO COLLECT THAT DATA, TO PROVE UP AND TO JUSTIFY OUR CONTENTION THAT DEVELOPMENT THAT OCCURS WITHOUT NON-DEGRADATION CONTROL WILL CONTINUE TO CREATE DEGRADATION OF WATER QUALITY IN THE POOL. WE'VE PRESENTED THAT DATA TO THE STATE. WE'VE PRESENTED IT TO E.P.A. AND WE PRESENTED IT TO FISH AND WILDLIFE SERVICE AND WE'VE PRESENTED IT TO COUNCIL. AND THAT IS -- THE FACT THAT MOST OF THE -- BY FAR THE GREATEST PART OF DEVELOPMENT THAT HAS OCCURRED IN THE BARTON SPRINGS ZONE HAS OCCURRED NOT UNDER THE S.O.S. ORDINANCE. SO WE KNOW THAT THAT CONTAMINATION THAT WE'RE SEEING IN THE POOL IS THE RESULT OF HISTORICAL DEVELOPMENTS AND THE RESULT OF GRANDFATHERED DEVELOPMENT AND THE RESULT OF EXEMPT DEVELOPMENT. SO, YOU KNOW, YOU CAN USE DATA IN A LOT OF DIFFERENT WAYS, BUT FOR ME AND THE WATER QUALITY STAFF, THE EVIDENCE OF DEGRADATION THAT WE'RE SEEING IN THE SPRINGS IS EXACTLY WHY WE NEED TO DO THIS DEAL, BECAUSE THIS DEAL DOES BRING THE STRATUS DEVELOPMENT TO A LEVEL THAT IS A NON-DEGRADATION LEVEL. ANY QUESTIONS? I'M NOT SURE WHY THE QUESTIONS ABOUT THAT, THE WATER QUALITY STRUCTURES THAT ARE GUARANTEED IN THIS AGREEMENT ARE TO A NON-DEGRADATION LEVEL, JUST LIKE ANY DEVELOPMENT THAT OCCURS UNDER THE S.O.S. ORDINANCE. THE IMPERVIOUS COVER LEVEL OVERALL IS THE SAME AS ANY DEVELOPMENT THAT WOULD DEVELOP UNDER THE S.O.S. ORDINANCE. THE ACTUAL DEVELOPMENT INTENSITY IS FAR LESS THAN COULD BE ACHIEVED. UNDER THE S.O.S. ORDINANCE.

[ INAUDIBLE ].

FUTRELL: WELL, AT THIS POINT, NANCY, I DON'T WANT YOU FEELING LIKE YOU'RE HAVING TO ADDRESS QUESTIONS THROWN AT YOU FROM THE AUDIENCE. I REALLY WANT YOU TO TRY TO ADDRESS THE QUESTIONS THAT COUNCIL HAS ASKED YOU. SO WE'VE GONE OVER THE ARSENIC LEVELS. WE'VE GONE OVER THE WATER QUALITY STRUCTURES.

WELL, ACTUALLY --

FUTRELL: GO AHEAD.

ACTUALLY, THERE WERE SOME COMMENTS MADE DURING THE PRESENTATIONS THAT I WOULD LIKE LES TULL TO ADDRESS ABOUT EFFECTIVENESS OF OUR RETENTION AND REIRRIGATION WATER QUALITY CONTROL.

FUTRELL: ALL RIGHT.

Alvarez: AND I HAVE QUESTIONS. ABOUT THE WATER QUALITY CONTROL, BECAUSE I THINK THAT WAS ONE OF THE ISSUES THAT HAVE BEEN RAISED IS WHETHER THOSE HAVE BEEN EFFECTIVE OR NOT AND WHETHER THERE WAS MONITORING TO SEE IF THEY'RE OPERATING TO THE-- AT THE LEVEL THAT WE HAVE PROJECTED THEY WOULD OPERATE AND ARE THEY BEING MAINTAINED, ALL THOSE SORTS OF ISSUES. I DON'T KNOW IF YOU CAN ADDRESS THAT OR IF THAT'S SOMETHING THAT WE'VE DONE SOME RESEARCH ON.

I CAN TALK A LITTLE BIT ABOUT IT AND THEN LES CAN TALK ABOUT WHATEVER HE WANTS TO ADD. MONITORING REIRRIGATION WATERING CONTROLS IS VERY DIFFICULT BECAUSE THEY DON'T HAVE A DISCHARGE LIKE A SEDIMENTATION FILTRATION POND WOULD HAVE, WHICH WE HAVE MONITORED A LOT. IT'S HE DID BECAUSE THERE'S A DISCHARGE. RETENTION IRRIGATION SYSTEMS THAT ARE REQUIRED ABOUT THE S.O.S. ORDINANCE DON'T -- THEY DON'T HAVE A DISCHARGE. THE WATER GOES AND IT'S IRRIGATED, ASSIMILATED BY THE PLANTS IN THE SOIL. SO WE THINK IT'S IMPORTANT TO MONITOR THEM TO TRY TO FIGURE OUT WHETHER THEY'RE WORKING, BUT IT'S VERY DIFFICULT. THEY DON'T HAVE A DISCHARGE. THAT'S THE NATURE OF THE WAY THEY WORK. BUT WE'RE TRYING. AND WE HAVE A COUPLE OF THEM THAT WE HAVE MONITORING EQUIPMENT ON RIGHT NOW. WE'RE TRYING TO UNDERSTAND WHAT'S HAPPENING TO THE GROUNDWATER AND TO THE -- TO ANY WATER THAT LEAVES THE SITE. YOU KNOW, ESSENTIALLY IT'S BEEN VERY, VERY HARD TO MONITOR THE EFFECTIVENESS OF S.O.S. LEVEL CONTROLS BECAUSE WE DON'T HAVE LARGE AREAS THAT ARE DEVELOPED AT S.O.S. LEVELS. IT'S STILL A PATCHWORK. SO LITTLE HAS BEEN DEVELOPED UNDER S.O.S. THAT IT'S REALLY-- IT'S BEEN VERY DIFFICULT TO DO THAT.

FUTRELL: AND COUNCILMEMBERS, A LATTER PART OF A QUESTION THAT WILL COME UP, WE'VE PUT TOGETHER SOME VISUALS TO SHOW YOU AND ANSWERED SOME OF THE QUESTIONS YOU HAD ABOUT WHAT IS THAT -- WHAT IS THE DEVELOPMENT PATTERN OVER THE LAST FIVE YEARS. I THINK IT'S SEVEN YEARS.

RIGHT, RIGHT, BECAUSE COUNCILMEMBER ALVAREZ, YOU HAD ASKED BEFORE -- I THINK I HAD MENTIONED TO THE LAST COUNCILMEMBER THAT ALSO IN OUR WATER QUALITY ANALYSIS THAT WE'VE SEEN INCREASING TREND OF SOME POLLUTE ANTS IN BARTON SPRINGS AND THAT IN PARTICULAR THE DATA FROM THE LAST FIVE YEARS IS WHAT -- WHEN HE ADDED THAT INTO THE ANALYSIS WE SAW THOSE TRENDS -- THAT'S WHEN WE WERE ABLE TO SEE THOSE TREND. AND YOU ASKED WHAT IS IT THAT'S HAPPENED OVER THOSE LAST FIVE YEARS. SO PAT MURPHY IS GOING TO SPEAK TO THAT A LITTLE BIT. [ONE MOMENT, PLEASE, FOR CHANGE IN CAPTIONERS] 11:00 O'CLOCK. [11:02 P.M.]

TRACT 107 SITS AT THE INTERSECTION OF MOPAC AND SLAUGHTER LANE. IT'S ABOUT 23 ACRES, IT HAS TWO PIPELINE EASEMENTS CUTTING ACROSS THE MIDDLE OF THE TRACT. THERE ARE THREE CRITICAL ENVIRONMENTAL FEATURES THAT AFFECT THIS TRACT. PIPELINE SIRNGS SINK IS IN THE CENTER. THERE IS A WETLAND SOUTH OF THE TRACT. THE BUFFER THAT WE HAVE ORIGINALLY PROPOSED FOR THESE FEATURES WAS 150 FEET IN RADIUS AROUND ALL THREE FEATURES CONNECTING THEM SO IT WAS A DIN USE STRIP OF GREEN SPACE CONNECTING THE UP LAND DRAINAGE TO THE WETLAND. WE HAD AN OPPORTUNITY TO GO OUT TO THIS TRACT AS WE BEGAN TO GET THE RAINS THAT WE'VE HAD IN THE PAST FEW WEEKS AND FOUND THAT THERE WAS A VERY SUBTLE SWALE COMING FROM THE NORTHWEST THAT FED DIRECTLY INTO CONFUSION SINK. WITH THAT INFORMATION, WE WENT BACK TO STRATUS AND TALKED TO THEM TO SEE ABOUT GETTING GREATER BUFFER ON THE WESTERN SIDE OF THESE FEATURES TO PROTECT THAT DRAINAGE THAT WE COULD VISUALLY SEE GOING INTO THOSE FEATURES. THEY AGREED TO DO THAT. SO WE EXTENDED THE BUFFERS 300 FEET PARTICULARLY AROUND CONFUSION SINK. WE ALSO APPROACHED THEM TO ADDRESS CONCERNS FROM DR. ROSS ABOUT THE PIPELINE EASEMENTS ACROSS THE TRACT TO SEE IF WE COULD EXTEND THE BUFFERS ON THE NORTH SIDE, PARTICULARLY NORTH OF PIPELINE SINK, TO EXTEND THE CEF BUFFERS TO COVER THE PIPELINE EASEMENTS TO PREVENT CONSTRUCTION OVER THOSE PIPELINES AND MINIMIZE THE RISK OF THIRD-PARTY DAMAGE. THEY AGREED TO DO THAT SO THAT WE EXTENDED THE BUFFER TO JUST THE NORTH SIDE OF THE NORTHERN PIPELINE, WHICH IS ABOUT -- A DISTANCE OF ABOUT 240 FEET AWAY FROM PIPELINE SINK. SO THE BUFFER AROUND PIPELINE SIN IS 240 TO THE NORTH AND THEN 300 FEET TO THE WEST. SO WE NOW HAVE AN AREA AROUND THESE SINKS OF 100 FEET ON THE EAST SIDE, WE COMPROMISED IN THAT DIRECTION. 240 TO THE NORTHMENT AND THEN MORE IMPORTANTLY, 300 FEET TO THE WEST AND NORTHWEST WITH THE DRAINAGE COMING INTO THOSE FEATURES WAS ORIGINATING. WE LEFT THE WETLAND BUFFER AS IT STOOD BECAUSE THE SWALE ALSO FED INTO THE WETLANDS, SO WE WERE PROTECTING THAT AS WELL.

Slusher: SO HOW DO YOU DETERMINE WHAT THE AMOUNT OF FEET THAT YOU THINK WILL PROTECT THE FEATURE?

OUR CODE HAS SORT OF A BUFFER THAT WE START WITH OF 150 FEET. STAFF CAN ADD MINIMUM ADMINISTRATIVELY REDUCE THAT TO 50 FEET ADMINISTRATIVELY REDUCE THAT TO 50 FEET IF IT LOOKED LIKE A MINOR FEATURE THAT DOESN'T HAVE MUCH DRAINAGE, OR WE CAN EXTEND IT UP TO 300 FEET IF IT'S A LARGE FEATURE. THAT'S 300 FEET IS THE LARGEST THE CODE WILL ALLOW US TO GO. THERE ARE SOME TRACTS, SOME FEATURES ON SOME OF THE TRACTS THAT STRATUS OWNS THAT WE HAVE NEGOTIATED BUFFERS IN EXCESS OF 300 FEET. THEY ARE MORE IN THE NEIGHBORHOOD OF 400 TO 450 FEET.

Slusher: OKAY. AND DOES S.O.S. ADDRESS SETBACKS IN FEATURES OR IS THIS ANOTHER PART OF THE CODE.

ANOTHER PART OF THE CODE.

Slusher: SO THE S.O.S. ORDINANCE DOESN'T ADDRESS THOSE AT ALL?

NO.

Slusher: OKAY. OKAY. AND SO WHEN YOU WERE OUT THERE, YOU WERE OUT THERE DURING THE HEAVY RAINS.

RIGHT.

Slusher: AND YOUR JUDGMENT, DID YOU JUST TOOK THAT GOING UP TO THE 300 FEET WOULD PROTECT IT BECAUSE THAT'S AS FAR AS YOU GO UNDER THE CODE OR IS THAT WHAT YOU THOUGHT WOULD PROTECT IT?

WE FELT -- TWO THINGS COME INTO PLAY HERE. ONE WAS THE DISTANCE THE SWALE WAS DRAINING. THE OTHER WAS THAT THIS AREA OF THE TRACT IS ALSO WHERE STRATUS PROPOSALS TO DO THEIR -- PROPOSES TO DO STORM WATER IRRIGATION. THIS WHOLE QUADRANT OF THE TRACT WOULD HAVE NO DEVELOPMENT SITTING ON IT. WE FELT LIKE THE STORM WATER IRRIGATION OUT THERE WOULD NOT POSE A RISK TO THESE FEATURES AND IT WOULD IN FACT ENHANCE THE VEGETATION THERE BY PROVIDING MORE WATER FOR THEM TO GROW IN. SO WITH THOSE TWO THINGS IN MIND, WITH THE BUFFER TO 300 FEET WITH NO ACTIVITY IN IT AS WELL AS HAVING THE ADDITIONAL AREA OUT THERE THAT WOULD HAVE STORM WATER IRRIGATION ON IT, WE FELT LIKE WE WOULD HAVE GOOD PROTECTION OF THE DRAINAGE GOING INTO THOSE FEATURES

Slusher: SO DO YOU FEEL LIKE IT'S A POLLUTION RISK AT 300 FEET IF WHAT IS BEING PROPOSED THERE IS BUILT?

NOT FROM THE DEVELOPMENT ON THAT SITE. THE DRAINAGE PATTERNS FOR THIS SITE WOULD -- FROM THE DEVELOPMENT WOULD BE CAUGHT OVER HERE AND TREATED, SO I DON'T BELIEVE THE DEVELOPMENT POSTS A RISK TO THOSE FEATURES.

Slusher: EVEN IN A HEAVY RAIN?

I DON'T BELIEVE SO.

Slusher: OKAY. THANKS.

FUTRELL: DO WE WANT TO BACK UP AND GO BACK LEFT TO THE SECTION YOU WERE GOING TO TAKE?

YEAH.

I'LL BE QUICK. I'M LES ACTUAL, WITH THE WATER QUALITY PROTECTION REVIEW DEPARTMENT. I WOULD LIKE TO ADDRESS A COUPLE QUEZ RAISED TONIGHT AND SOME -- QUEZ QUESTIONS WITH REGARD TO THE WATER QUALITY CONTROL. MR. COMMITTEES SELL KESSEL RAISED A COUPLE GOOD POINTS MUCH HE HAS BEEN WORKING ON PROJECTS IN BULL CREEK WATERSHED WHERE WE ARE LOOK TO GO REACH NON-DEGRADATION STANDARDS. IN THIS CASE THIS DEVELOPMENT IS SUBJECT TO THE SS STANDARDS. IT IS OUR NON-DEGRADATION STANDARD AND IT IS THE BEST ORDINANCE, THE BEST WATER QUALITY PROTECTION WE HAVE. WE BELIEVE IT'S A VERY GOOD ORDINANCE AND WE BELIEVE THE RULES TO IMPLEMENT THEM ARE VERY GOOD. HE ALSO MENTIONED THE NEED FOR SOURCE CONTROLS. THE RULES FOR S.O.S. INCLUDE SOURCE CONTROLS AND POLLUTION PREVENTION ELEMENTS. THAT WAS A MAJOR PART OF THE ORIGINAL DISCUSSIONS WHEN WE WROTE THOSE RULES IN ORDER TO LIMIT THINGS LIKE TURF AREA, TO REQUIRE ITM PLANS AND A VARIETY --

PM BEING.

INTEGRATE PEST MANAGEMENT. ALTHOUGH HOPEFULLY THE CITY HAS -- REDUCE OR NOT USE A PESTICIDE, WE WOULD HAVE PEOPLE PROPOSE A SYSTEM OF LEAST TOXIC METHODS FIRST. SO THAT WAY HOPEFULLY WE WOULD REDUCE THE AMOUNT OF PESTICIDES THERE. ANOTHER QUESTION THAT HAS BEEN RAISED HAS TO DO WITH THE ISSUE OF CLUSTERING AND THE IMPACT AND RELIANCE ON STRUCTURAL CONTROLS. FIRST OF ALL, S.O.S. ORDINANCE DOES NOT SET OUT HOW STORM WATER TREATMENT WILL OCCUR ON A SITE. IT DOES NOT ADDRESS THAT IN ANY WAY. TYPICALLY WHAT WOULD HAPPEN WITH A COMMERCIAL DEVELOPMENT UNDER S.O.S. IS THE IMPERVIOUS COVER WOULD BE CLUSTERED TO REDUCE DRAINAGE AREA WHICH WOULD REQUIRE CONTROL T REMAINING PORTION OF THE SITE COULD BE LEFT UNDEVELOPED. THIS WOULD RESULT IN HIGH IMPERVIOUS COVER IN THE DRAINAGE AREA TO THE WATER QUALITY CONTROL. FOR EXAMPLE, A 56-ACRE TRACT AT 15% IMPERVIOUS COVER WOULD HAVE ABOUT 9.9 ACRES OF TOTAL IMPERVIOUS COVER ON IT. IF THAT WERE CLUSTERED ON ABOUT A THIRD OF THE SITE, ABOUT 23 ACRES, YOU WOULD HAVE A IMPERVIOUS COVER WITHIN THE DRAINAGE AREA TO A WATER QUALITY CONTROL OF 43%. THIS IS WHAT IS HAPPENING ON TRACT 107. IT'S NO DIFFERENT. WE DO NOT BELIEVE THERE IS ANY DISCERNIBLE DIFFERENCE IN THE RELIABILITY OF STRUCTURAL CONTROLS GIVEN THE CLUSTERING OR STRICT COMPLIANCE WITH S.O.S. FURTHERMORE, WHAT WE SEE IS A BIG BENEFIT HERE IS THAT THROUGH THE GUARANTEE OF PERPETUAL OPEN SPACE A NUMBER OF TRACTS WOULD BE LEFT ESSENTIALLY COMPLETING UNDEVELOPED, THEREBY REDUCING THE RISKS OF [INAUDIBLE] WHICH WOULD BE CONSIDERABLE DURING CONSTRUCTION ON THOSE TRACTS. I WOULD BE GLAD TO ANSWER ANY QUESTIONS.

SOME QUESTIONS WERE RAISED LAST WEEK ABOUT THE DEVELOPMENT OVER THE LAST FIVE YEARS AND HOW THAT'S BEEN IMPACTED, AND ALSO SOME ISSUES ON TRAFFIC. SO PAT MURPHY AND GEORGE ADAMS -- NOT GEORGE, GEORGE ZAPALAC WILL ADDRESS THOSE ISSUES, AND THEY HAVE SOME MAPS WHAT WE THINK ILLUSTRATE SOME OF THE POINTS BETTER THAN A VERBAL EXPLANATION.

FUTRELL: COUNCIL, GEORGE IS PINCH HITTING FOR US HERE. TERRY, WHO HAS BEEN DOING MOST OF THE WORK ON TRAFFIC IS ILL AND HAS GONE HOME. SO WE'LL BE GENTLE ON GEORGE.

MAYOR AND COUNCIL. I'M GEORGE DISBLAB LOCK, WATERSHED PROTECTION AND REVIEW. STAFF WAS ASKED TO PRESENT A SUMMARY OF DEVELOPMENT TRENDS IN THE AREA IN THE PAST FIVE YEARS. WHAT WE HAVE BEFORE YOU ARE TWO MAPS SHOWING EXISTING LAND USE IN 1995 AND 2000, THE LATEST AVAILABLE INFORMATION. THE COLORS ON THE MAP, THE 195 IS HERE TO MY IMMEDIATE LEFT, AND THE 2000 IS TO THE FAR LEFT. THE COLORS ON THE MAP -- FIRST OF ALL, THE AREA THAT IS COVERED IS FROM U.S. 290 ON THE NORTH TO FM 1826 ON THE WEST, SH 45, EXISTING AND PROPOSED ON THE SOUTH, AND BRODIE LANE ON THE EAST. THE COLORS ON THE MAP, THE PINK COLOR SHOWS EXISTING DEVELOPED AREAS. THE GOLD SHOWS UNDEVELOPED PLANNED. AND THE GREEN IS DEDICATED OPEN SPACE. ON THE DAIS THERE IS A HANDOUT THAT SUMMARIZES IN TAB YOU LAR FORM THE PERCENTAGES OF LAND IN EACH OF THOSE CATEGORIES IN 1995 AND 2000. AND THAT INFORMATION IS FURTHER SUMMARIZED IN THIS GRAPH HERE. JUST TO SUMMARIZE QUICKLY, THE AMOUNT OF DEVELOPED LAND INCREASED IN THIS STUDY AREA FROM 35% IN 1995 TO 50% IN THE YEAR 2000. THE AMOUNT OF UNDEVELOPED LAND CORRESPONDINGLY WAS REDUCED FROM 51% TO 30%. AND THE AMOUNT OF DEDICATED PERMANENT OPEN SPACE INCREASED FROM 7%, 7.5% TO 20% IN THAT SAME FIVE-YEAR PERIOD. IN TERMS OF ACREAGE, THERE WAS ABOUT 100 ACHEES OF LAND -- 1900 ACRES THAT EXPERIENCED DEVELOPMENT DURING THAT TIME. AT THE SAME TIME BECAUSE OF THE CITY'S AGGRESSIVE ACQUISITION OF OPEN SPACE, ABOUT 1600 ACRES WERE PRESERVED AS PERMANENT OPEN SPACE IN THAT TIME. THAT'S ABOUT AN AVERAGE OF 320 ACRES PER YEAR WITHIN THE STUDY AREA, AND THE STUDY AREA DOES NOT INCLUDE THE ENTIRE BARTON SPRINGS ZONE AND THERE ARE SEVERAL LARGER TRACTS OUTSIDE THIS IMMEDIATE STUDY AREA THAT HAVE ALSO BEEN ACQUIRED.

FUTRELL: ACTUALLY PART OF WHAT WAS INTERESTING TO ME ABOUT THIS VISUAL, IF YOU LOOK AT THE TWO MAP AREAS, OBVIOUSLY THE GREEN COLOR IS INTEND TO DO SHOW YOU THE PERMANENT GREEN SPACE IN THIS AREA. YOU CAN SEE THE DRAMATIC DIFFERENCE THAT PART OF THE COUNCIL'S PLAN FOR PERMANENT ACQUISITION OF GREEN SPACE. WE ALSO HAVE JUNEY PLUMBER, WHO IS JUNEY OUTBACK. WHEN SHE HAS A CHANCE TO STEP FORWARD, I THINK WE'LL ADD TO THIS DISCUSSION AND JUNEY CAN GIVE AN OVERVIEW OF WHAT OUR PLAN HAS BEEN AND WHAT WE'VE DONE TO PRESERVE AS MUCH LAND AS POSSIBLE.

STAFF WAS ALSO ASKED TO IDENTIFY OTHER VACANT COMMERCIALLY ZONED PROPERTY WITHIN THIS AREA, AND THIS MAP TO MY LEFT HERE SHOWS THAT EXISTING VACANT COMMERCIALLY ZONED PROPERTY IN PURPLE. AND EXISTING APPROVED SITE PLANS ARE SHOWN WITH A SERIES OF SMALL DOTS. YOU MAY -- THEY DON'T SHOW UP WELL FROM A DISTANCE, BUT THEY ARE SCATTERED AROUND BASICALLY THE PERIMETER OF THE AREA.

FUTRELL: GEORGE, ISN'T IT IMPORTANT TO SAY AT THIS POINT BECAUSE ONE OF THE THINGS WE TALKED ABOUT IN THE BACK OF OF THOSE SITE PLANS OR OF THESE TRACTS, HOW MANY OF THESE ARE COMING IN UNDER GRANDFATHERING VERSUS CURRENT CODE.

I WILL LET PAT ADDRESS THAT ISSUE.

Mayor Garcia: WHEN MS. PLUMBER COMES UP, BECAUSE ONE OF THE THINGS THAT WAS REFERENCED IN THE LETTER FROM THE SCIENTIST WAS THAT THE CITY SHOULD BE ACQUIRING LAND FOR WATER QUALITY PROTECTION. I WANTED JUNEY TO EXPLAIN HOW MUCH THE CITY HAS SPENT AND HOW MUCH LAND WE HAVE ACQUIRED AND, YOU KNOW, IN AN EFFORT TO PROTECT WATER QUALITY.

FUTRELL: JUNEY, YOU ARE ON.

OKAY. ON THE MAP HERE IN PURPLE IS WHAT WE HAVE UNDER CONSERVATION EASEMENT. AND THEN IN THIS PARTICULAR GREEN HERE IS WHAT WE'VE BOUGHT AS PART OF THE WATER QUALITY, BARTON SPRINGS. AND YOUR DARKER GREEN WAS YOUR EXISTING PARK LAND. SO AS PART OF THIS PROJECT, WE WERE AT 15,180 ACRES, AND THAT INCLUDES ALSO THE -- WHAT WE CALL OPEN SPACE. THE 13.4 THAT WAS APPROVED IN NOVEMBER OF 2000. WE SPENT 71,831,057 TO ACQUIRE THE 15,180. IT ALSO INCLUDES OPEN SPACE. SOME OF THE OPEN SPACE PIECES THAT WE'VE ACQUIRED ARE IN THESE AREAS. WE ARE 60% CONSERVATION EASEMENT AND 40% NC OWNERSHIP AS PART OF THESE PROJECTS. AND I'M NOT REAL SURE ANY OTHER SPECIFIC NUMBERS, BUT I CAN BREAK DOWN IN PARTICULAR TRACTS OR PIECES OR HOWEVER YOU WANT TO ADDRESS THAT.

FUTRELL: BUT TOTAL ACREAGE ONCE AGAIN?

15,180. AND THAT INCLUDES OPEN SPACE. WE BOUGHT ORR AND WINDSELL, A COUPLE OF OTHER PIECES IN THE RECHARGE.

FUTRELL: COUNCIL, ANYTHING?

Mayor Garcia: WE ALSO -- I THINK WHEN YOU COMBINE THAT WITH WHAT WE HAVE BOUGHT IN THE IN THE BCP, WE HAVE HOW MANY MILLIONS?

SINCE AUGUST 2 OF 1 #- 2, 135 MILLION. OF THAT 135 MILLION, WE'VE PURCHASED ABOUT 29,000 ACRES, WHICH REPRESENTS 73% OF ALL OF YOUR OWNERSHIP FOR OPEN SPACE, PARK LAND AND OTHERS. YOUR TOTAL OWNERSHIP IS 40,044 ACRES. SO YOU'VE AYIERD 73% OF WHAT YOU HAVE FOR OPEN SPACE -- ACQUIRED. BALCONES CAN LON LAND, WILDERNESS PARK, SO THAT 73% OF YOUR OWNERSHIP IN THE LAST TEN YEARS.

FUTRELL: AND JUNEY, MOST OF THAT IN THE DRINKING WATER PROTECTION ZONE. SO WHETHER IT WAS HABITAT PRESERVATION OR DRINKING WATER PROTECTION LAND, ALL OF WHICH HAVING A BENEFICIAL EFFECT ON OUR DRINKING WATER, WATERSHED.

YES, MA'AM. YOU'VE HAD 8 MILLION FROM PROPOSITION 8 FROM YOUR NOVEMBER OF 2000. SO YOU'VE ALSO HAD FREEZE EVENHAHN, STENNIS, WHICH YOU ACCOMPLISHED ABOUT 123 ACRES FOR THAT PARTICULAR PROPOSITION.

Mayor Garcia: THANK YOU VERY MUCH.

Slusher: MS. PLUMBER, JUST SO I DON'T HAVE TO ASK YOU TOMORROW, I WANTED TO WRITE DOWN THOSE NUMBERS. WOULD YOU GIVE THEM TO ME AGAIN?

YES, SIR. FROM AUGUST 2 OF '92, THAT WAS YOUR FIRST -- THAT WAS PROPOSITION NUMBER 10, WHICH WAS YOUR BALCONES CANYONLANDS, THEN YOU ALSO ARE YOUR BARTON CREEK WILDERNESS ON THAT PROPOSITION, YOU HAVE 135 MILLION IN BONDS THAT HAVE BEEN APPROVED BY THE VOTERS. WE'VE ACCOMPLISHED A LITTLE OVER 29,000 ACRES. YOUR TOTAL OWNERSHIP FOR EXISTING PARK LAND FROM ZILKER, PEASE PARK IS 44,044 ACRES. SO YOU'VE ACCOMPLISHED IN THE LAST TEN YEARS 73% OF THE OWNERSHIP OF YOUR OPEN SPACE.

Slusher: AND THE TOTAL OWNERSHIP IS HOW MUCH?

40,044.

Slusher: 40,044. AND OF THAT, 29,000 HAS BEEN ACQUIRED SINCE --

A LITTLE OVER 29,000. I DON'T HAVE THAT POINT.

Slusher: OKAY. OKAY. AND THEN SO -- THAT LOOKS LIKE THE OPEN SPACE THEN HAS -- THAT WOULD HAVE BEEN THEN 11,000 IN 1992?

11,000?

Slusher: I'M TAKING 29 FROM 40.

YOU HAD 22 MILLION FOR YOUR BALCONES --

Slusher: I'M TALKING ABOUT EXISTING OPEN SPACE THE CITY HAD IN 1992 WOULD HAVE BEEN 11,000, IF I'M DOING THESE NUMBERS RIGHT.

IT SHOULD BE CLOSER TO ABOUT 9, BUT IT COULD BE 11.

Slusher: OKAY. SO THEN ABOUT TRIPLE WHAT THE CITY HAD BEFORE THAT TIME.

THAT'S CORRECT.

Slusher: AND DO YOU KNOW HOW MUCH OF -- HOW MUCH THAT HAS BEEN SINCE, SAY, 1997?

HOW MUCH HAS BEEN SPENT SINCE '97?

Slusher: YES, OR ACREAGE ACQUIRED.

WELL, YOU HAVE FROM YOUR '98, PROPOSITION NUMBER 2, BARTON SPRINGS, YOU HAVE A LITTLE OVER 15,000, AND THEN IN -- THAT SAME NOVEMBER YOU HAD YOUR --

FUTRELL: 15,000 ACRES, RIGHT?

RIGHT. TOTAL FOR OPEN SPACE IN THE WHAT I CALL THE BARTON SPRINGS WATER QUALITY PROJECT, YOU ARE AT 15,180 ACQUIRED.

Slusher: OKAY. THAT WILL DO IT FOR NOW.

Mayor Garcia: I THINK THIS IS ONE OF THE THINGS THAT THE SCIENTISTS WERE RECOMMENDING IS THAT THE COUNCIL DEDICATE SOME MONEY TO ACQUIRE LAND TO PROTECT WATER QUALITY, AND I THINK THE CITY'S AMBITIOUS PROGRAM MATCHES ANYTHING THAT ANY OTHER CITY IN THE STATE OF TEXAS OR FOR THAT MATTER MOST ANYWHERE ELSE HAS DONE. BACK TO YOU, PAT.

FUTRELL: PAT, WE JUST WANTED YOU TO MOVE ALL THOSE MAPS AROUND TWO OR THREE TIMES.

[INAUDIBLE].

I'M GOING TO ATTEMPT TO ANSWER TWO ISSUES. ONE IS THE GRANDFATHERING ISSUE. I DON'T HAVE SPECIFIC NUMBERS AND SPREAD SHEETS AND ACREAGES FOR ALL OF THESE THINGS. BUT WHAT I'M GOING TO SHOW YOU IS MORE OF A VISUAL DEPICTION AND TRY TO GIVE YOU AN IDEA OF WHAT HAS BEEN OCCURRING OVER THE LAST FIVE YEARS. WHAT WE'VE HAD IN THE LAST FIVE YEARS IS AN ECONOMIC BOOM. WE ALSO HAD AN UMBRELLA OF CHAPTER 245. WE ALSO HAD OUR OWN CODE, WHICH ALLOWED SUBDIVISIONS TO BE APPROVED IN THE PAST THAT GET TO BE CONTINUALLY BUILT OUT OVER TIME UNDER OLDER REGULATIONS. BASICALLY WHAT WE'VE SEEN IN THE LAST FIVE YEARS IS DEVELOPMENT BEING COMPLETED THAT WAS PLANNED BACK IN THE '80s. AND PREDOMINANTLY THAT IS ALL GRANDFATHERED. I'M GOING TO TRY TO USE THIS POINTER. I GUESS IT WILL WORK. THESE TRACTS IN HERE ARE BRADLEY TRACTS. PREDOMINANTLY EVERYTHING ELSE YOU SEE IN PURPLE ON THIS MAP IS GRANDFATHERED DEVELOPMENT. THERE ARE A COUPLE OF EXCEPTIONS. SETON SITS HERE. THAT WAS DEVELOPED UNDER S.O.S. AND THERE IS A -- I THINK WE ALL HAVE HEARD THERE IS A H.E.B. PLANNED AT THIS CORNER, WHICH WOULD BE S.O.S. COMPLIANT, IS NOT CONSTRUCTED YET. I THINK THAT IT'S CLEAR THAT OF ALL THE LAND ON HERE AND EXCLUDING JUST THE FROM P.U.D. WHICH WAS BASICALLY A CLUSTERING TYPE FOR COMPLIANCE, VIRTUALLY EVERYTHING ON THIS MAP IS BEING BUILT UNDER OLDER REGULATIONS SUCH AS THE LOWER WATERSHED ORDINANCES, WILLIAMSON CREEK ORDINANCES, AND IN SOME CASES CWO, AND IN SOME CASES 90 COMPOSITE ORDINANCE. -- 91 COMPOSITE ORDINANCE. THAT'S TELLING WE DON'T HAVE MANY EXAMPLES OF DEVELOPMENT IN COMMERCIAL THAT HAVE BEEN BUILT UNDER S.O.S. THIS MAP ON HERE IS THE 2000 LAND USE MAP.

Slusher: I KNOW THAT'S ACCURATE INFORMATION, BUT I JUST WANTED TO -- NOT TO LEAVE THE IMPRESSION THAT BUSINESSES DON'T DEVELOP UNDER S.O.S. WE HAVE SOME COMPANIES HERE THAT HAVE BUILT SIGNIFICANT FACILITIES UNDER S.O.S., FOR INSTANCE THE H.E.B. STORE AT BRODIE AND WILLIAM CANNON AND SETON HOSPITAL IS BUILDING UNDER S.O.S. NOW, TWO VERY NEEDED FACILITIES, GROCERY STORES AND HOSPITALS.

THAT'S CORRECT. THERE ARE SOME EXAMPLES. I WASN'T MEANING TO EXCLUDE THOSE.

Slusher: I KNOW YOU WEREN'T.

I THINK THE POINT I WAS MAKING IS THERE ARE SOME, BUT THEY ARE STILL TODAY, UNFORTUNATELY, THE EXCEPTION. WE'RE NOT SEEING A LOT OF NEW DEVELOPMENT KICKED OFF THAT WAS NOT STARTED WITH SUBDIVISIONS AND APPROVALS IN THE PAST UNDER OLDER REGULATIONS. AND WE ARE CONTINUE TO GO SEE THAT DEVELOPMENT BUILT OUT INCLUDING THE NEW RANDALLS THAT IS BEING BUILT AT BROAD YES AND SEXUAL UNDER GRANDFATHERING. I'LL TELL YOU WHAT THESE COLORS MEAN. I APOLOGIZE IT'S HARD TO READ. THERE'S SO MUCH ON HERE. BUT BASICALLY THE COLORS ARE THE YELLOW IS SINGLE FAMILY. THE KIND OF RED COLOR IS COMMERCIAL. THE PURPLE AREAS ARE INDUSTRIAL-TYPE SITES. AND THIS MAP SHOWS THE OVERALL BARTON SPRINGS ZONE. AND IT'S BASICALLY THIS LINE HERE. WHICH INCLUDES THE AQUIFER, WHICH IS IN KIND OF THIS GRID PATTERN, AND THEN IT SHOWS THE CONTRIBUTE BE WATERSHEDS REST OF THE AQUIFER OUTCROP THAT IS CONTRIBUTING ZONES.

> FUTRELL: PAT GREEN IS OBVIOUSLY GREEN SPACE OR PRESERVE.

YES, THE GREEN ON THIS MAP IS SHOWING THE PRESERVE AND OPEN SPACE LAND, MANY OF WHICH JUNEY JUST SHOWED YOU ON HER MAP. THE REASON WE WANTED TO SHOW YOU THIS MAP IS BECAUSE TO SHOW THAT THE BY AND LARGE, THE LAND AREAS THAT HAVE BEEN BEING DEVELOPED ARE IN LARGE SINGLE-FAMILY SUBDIVISIONS THAT ARE BEING BUILT OUT, MANY OF WHICH WERE IN MORMER FORMER M.U.D.s. THIS IS THE CIRCLE C AREA, THE NEW VILLAGE OF WESTERN OAKS AS WELL AS VILLAGE OF WESTERN OAKS. THE VILLAGE OF WESTERN OAKS HAS BEEN BUILDING OUT THE LAST FEW YEARS AFTER IT WAS ANNEXED AND ARCH IT IT WAS BUILT OUT IN LOWER WATERSHED REGULATIONS. IN THIS AREA WE HAVE SHADY HOL HOE AND THESE LOWER PORTIONS IN HERE AND SHADY HOLLOW IS BUILT OUT UNDER OLDER REGULATIONS. I'M GOING TO HAVE TO GET CLOSER TO I CAN READ MY.

FUTRELL: ALL OF THESE ARE M.U.D.s OR FORMER M.U.D.s.

THAT'S CORRECT. THIS WAS THE MAPLE RUN NOW CALLED SENDARA. THAT WHOLE AREA IS BUILT OUT UNDER OLDER REGULATIONS. AS YOU LOOK UP NORTH A LITTLE FURTHER, YOU WILL SEE THAT WE HAVE LANTANA IS IN HERE. THAT'S BASICALLY BEING BUILT OUT IN A MODIFIED CWO, BUT IT'S STILL THE COMPREHENSIVE WATERSHED ORDINANCE. WE HAVE THE COVERED BRIDGE SUBDIVISION, WHICH IS HERE, WHICH IS BEING BUILT UNDER OLDER REGULATIONS. WILLIAMSON CREEK REGULATIONS. I KNOW THIS GETS A LITTLE DEPRESSING BECAUSE THERE'S NOT MANY OF THESE WITH THE EXCEPTION OF ONE SMALL SUBDIVISION OCCURRING ON 1826, SHADOWRIDGE CROSSING, WHICH IS UNDER S.O.S., PREDOMINANTLY ALL THE SINGLE FAMILY THAT YOU SEE IN THESE DIFFERENT AREAS -- THIS BATTERY IS GOING DEAD, I THINK -- HERE'S THE BARTON CREEK PROPERTIES UP HERE. I WILL SAY THE BARTON CREEK IN THE RECENT FUTURE HAS BEEN DEVELOPING TRACTS ON A TRACT-BY-TRACT BASIS UNDER S.O.S. BUT AS WE KNOW, DEVELOPMENT IN THE PAST OCCURRED IN THOSE AREAS UNDER OLDER REGULATIONS. TRAVIS COUNTRY IS HERE. AND THAT'S BEEN BEING OUT -- BEING BUILT OUT PREDOMINANTLY UNDER OLDER REGULATIONS, BARTON CREEK REGULATIONS. SO THE REASON WE WANTED TO SHOW ENTHUSIASM MAP IS JUST -- SHOW ENTHUSIASM MAP IS JUST TO SHOW YOU WE DON'T REALLY HAVE AND HAVE NOT HAD THE OPPORTUNITY TO HAVE LARGE NEW DEVELOPMENT, ESPECIALLY SINGLE-FAMILY RESIDENTIAL, THAT HAS BEEN BROUGHT IN AND DEVELOPED UNDER S.O.S. THESE SUBDIVISIONS TAKE, AS YOU KNOW, A VERY LONG TIME TO BUILD, ESPECIALLY IF THE ECONOMY CHANGES. WE KEEP REVISITING SUBDIVISIONS AND THEY ARE COMING IN FOR APPROVAL ON A REGULAR BASIS ON SUBDIVISIONS FROM THE MID '80s. THERE WAS A WHOLE LOT OF SUBDIVISIONS AND M.U.D.s AND EVERYTHING ELSE THAT HAPPENED DURING THAT TIME FRAME. IF THERE ARE ANY QUESTIONS, I'LL BE HAPPY TO TRY TO ANSWER THOSE AND I HOPE THAT'S ENOUGH DETAIL FOR ENTHUSIASM EVENING.

Mayor Garcia: COUNCILMEMBER ALVAREZ.

Alvarez: YES, IN TERMS OF THIS ANALYSIS, THE FIVE YEARS, THE TREND WE'VE SEEN IN TERMS OF DEVELOPMENT, I GUESS IT SUGGESTS OR I GUESS IT INDICATES THAT ABOUT 1900 ACRES HAVE BEEN DEVELOPED, MORE OR LESS, IN THAT FIVE-YEAR PERIOD. DO WE KNOW THE BREAKDOWN OF HOW MUCH RESIDENTIAL OR HOW MUCH COMMERCIAL? IT SOUNDS LIKE FROM WHAT YOU ARE SAYING A LOT WOULD BE RESIDENTIAL.

DO YOU HAVE THAT, GEORGE, WITH YOU?

WE DON'T HAVE THAT BREAKDOWN WITH US. DO WE HAVE ACREAGES ON THE MAP FOR THE 2000, THE ONE THAT LISA IS LOOKING AT?

[INAUDIBLE]

PAT, INTUITIVELY BASED ON WHAT YOU SEE HERE, WHAT THE COUNCILMEMBER IS SAYING IS THAT MOST OF IT IS SINGLE FAMILY.

INTUITIVELY, YES. I WOULD SAY AT LEAST 75% OF IT HAS BEEN SINGLE FAMILY.

Alvarez: EXCEPT ALONG MOPAC, I WOULD THINK.

YES, I DIDN'T POINT OUT THAT IS CORRECT STUFF ALONG MOPAC, THE BRADFIELD PROPERTY IS LOCATED -- LET ME FIND IT ON HERE, MAKE SURE I GET IT RIGHT. IT'S RIGHT UP HERE. THAT'S THOSE OFFICE BUILDINGS ALONG SOUTH MOPAC. THOSE WERE DEVELOPED UNDER OLDER REGULATIONS ON THIS SIDE OF BARTON CREEK IS WHERE THEY ARE, AND THEY WERE DEVELOPED UNDER OLDER WATERSHED REGULATIONS, BARTON CREEK REGULAR ONS, YOU MAY REMEMBER THERE WAS A LEGAL BATTLE AND WE CAME OUT ON THE LOSING END OF IT.

Alvarez: IN TERMS OF THAT ANALYSIS OF DEVELOPED LAND OVER THE LAST FIVE YEARS, IT SAYS FOR STRATUS STUDY AREA ONLY, IS THIS THIS PARTICULAR AREA RIGHT HERE?

THE STRATUS STUDY AREA IS THIS. AS GEORGE IS POINTING OUT, THAT IS NOT THE WHOLE BARTON SPRINGS ZONE. THE -- THIS MAP ON THIS SIDE SHOWS THE WHOLE ZONE. SO THE STUDY AREA IS SHOWN HERE.

Alvarez: I BELIEVE I ASKED --

THAT'S 1826, 45, BRODIE, AND 290.

Alvarez: OKAY.

[INAUDIBLE]

290. RIGHT THERE.

Alvarez: BECAUSE THEN, OKAY, WE KNOW WE HAVE ROUGHLY 2,000 ACHE THEARS HAVE BEEN DEVELOPED -- ACRES THAT HAVE BEEN DEVELOPED OVER THE LAST FIVE YEARS UKS AND THEN ANALYSIS SHOWS 3700 ACRES UNDEVELOPED, AND SO WE SEE THAT VERY LITTLE OF THAT UNDEVELOPED LAND WOULD BE COMMERCIAL, IF THIS GRAPHIC IS CORRECT HERE. NOW, DOES THAT 3700 ACRES INCLUDE CONSERVATION EASEMENTS, LAND WITH CONSERVATION EASEMENTS AND THINGS LIKE THAT?

NO, IT DOES NOT.

Alvarez: THE OPEN SPACE HERE REFERS TO WHAT? SPECIFICALLY LAND WE OWN OR --

THE GREEN IS THE OPEN SPACE, WHICH IS PERMANENTLY SET ASIDE. SO THAT'S WHAT THE GREEN AREAS ARE SHOWING.

FUTRELL: COUNCILMEMBER, THAT'S A MIXTURE OF PARK LAND, I GUESS THAT COULD BE PROP 2 LAND, WOARK PROTECTION ZONE LAND.

THAT'S 2700 ACRES, WHICH IS THE 2000 STUDY AREA. SO THE GREEN IS OPEN SPACE. THE RED -- I'M SORRY. I DON'T KNOW WHAT COLOR YOU CALL THAT, BUT THIS COLOR IS UNDEVELOPED. AND SO THE AREAS THAT ARE SHOWING UP -- AND I CAN RAISE THAT IF YOU CAN'T SEE.

Alvarez: THAT'S OKAY.

NO, THIS WOULD BE EASIER FOR TO YOU SEE.

Alvarez: I WAS TRYING TO LOOK AT THE UNDEVELOPED PORTION, WHICH IS 3700 ACRES.

YES.

Alvarez: ABOUT 1300, A LITTLE LESS THAN 1300 BEING THE -- WHAT'S ON THE TABLE IN TERMS OF THE STRATUS SETTLEMENT OR AGREEMENT, I SHOULD SAY, AND --

WELL, SOME OF THAT IS CERTAINLY SHOWING UP ON THIS. THIS IS THE AREA THAT WE'RE TALKING ABOUT. THIS IS 45. THIS IS MOPAC. THIS IS TRACT 110. AND, FOR INSTANCE, AND YOU ARE SEEING -- THAT'S SLAUGHTER LANE. YOU ARE SEEING THE AREAS THAT -- SOME OF WHICH ARE CIRCLE C, WHICH ARE UNDER THE BRADLEY AGREEMENT, WHICH ARE NOT DEVELOPED YET. THIS ISN'T SAYING THEY HAVE APPROVALS FOR DEVELOPMENT, IT'S NOT TAKING THAT INTO CONSIDERATION. IT'S PHYSICALLY DEVELOPED. OR WHAT IS NOT PHYSICALLY DEVELOPED.

Alvarez: SURE. AND SO I GUESS THAT'S THE KIND OF INFORMATION I'M TRYING TO FIND IS, LIKE, OVER THE LAST FIVE YEARS, WE'VE SEEN 2,000 ACRES DEVELOP. SO WHAT IS THE BREAK DOWN OF COMMERCIAL VERSUS RESIDENTIAL, AND THEN OF THE UNDEVELOPED PORTIONS, THEN IF WE COULD FIND OUT WHAT PORTION OF THAT COULD BE COMMERCIAL VERSUS RESIDENTIAL.

WE WILL GET THAT INFORMATION FOR YOU.

Alvarez: I THINK THAT'S THE KIND OF --

IN ACREAGES RATHER THAN ESTIMATES.

Alvarez: THAT WOULD MAKE IT EASIER TO DETERMINE HOW THIS DEAL FITS IN WITH WHAT HAS BEEN GOING ON AS WELL AS WHAT POTENTIALLY MAY HAPPEN IN THE FUTURE.

THERE'S ONE OTHER THING I WAS GOING TO COVER WHICH CAME UP LAST MEETING, AND THAT WAS THE CIRCLE C PARK LAND. AND WHAT HAPPENED TO IT. THE 19 #- 4 M.U.D. CONSENT -- 1984 M.U.D. CONSENT AGREEMENT REQUIRED 1200 ACRES OF PARK DEAD CITION AND THAT WAS SUPPOSED TO OCCUR BEFORE DECEMBER OF '86. THAT DID OCCUR AND THAT IS THE CIRCLE C METROPOLITAN PARK THAT IS OUT AT CIRCLE C NOW. THAT'S BASICALLY THIS AREA THAT YOU SEE HERE. THE M.U.D. -- THE CONSENT AGREEMENT ALSO AT THAT TIME CALLED FOR 301 ADDITIONAL ACRES OF PARK LAND TO BE DEDICATED AND THAT WAS TO BE DEDICATED AT THE TIME THAT VILLAGES 5 AND 8, WHICH WERE SHOWN ON THAT OLD EXHIBIT, WHICH WAS A VERY MUCH A BUBBLED DIAGRAM TYPE DRAWING, BUT BASICALLY SHOWED A CONCEPT PLAN ANVIL AGES 5 AND 8 WERE ON THERE. FOR A TOTAL OF 713 ACRES, WHICH WAS SUPPOSED TO BE DEDICATED AS PARK LAND. AND WE'VE BEEN ASKED OVER THE YEARS WHY -- WHAT HAPPENED TO THE REST OF IT AND WHEN ARE WE GOING TO GET IT. LET ME EXPLAIN WHAT HAPPENED TO THAT. THE ADDITIONAL 301 ACRES OF PARK LAND WAS LOCATED IN ALL OF THESE DIFFERENT CREEK SETBACKS. THERE WAS IS HE LITTLE TO NO UPLANDS. IT WAS IN CRITICAL AND TRANSITION ZONES ALONG THESE REACHES OF CREEKS MUCH YOU WILL SEE THEM RUNNING ALL THROUGH THIS AREA THAT WERE NEVER DEDICATED. THOSE AREAS TODAY-THERE WAS A DEANNEXATION OF THE M.U.D. THAT OCCURRED, AND SOME OF THE PARK LAND THAT WOULD HAVE BEEN DEDICATED ENDED UP BEING DEANNEXED FROM THE M.U.D., AND THAT WAS PART OF IRA YATES AND THEIR DEANNEXATION. SO SOME OF THAT PARK LAND IS IN THAT LAND. OBVIOUSLY SOME PARTS OF IT, THESE AREAS IN HERE WERE UNDER 45, AND SOME OF IT ENDED UP UNDER MOPAC T REMAINDER OF THE PARK LAND, SOME OF IT IS THE WILD FLOWER CENTER THAT WAS GOING -- IN THE AREA THAT'S THE WILD FLOWER CENTER. THERE'S TRACT 112, WHICH WAS GOING TO BE PARK LAND. IT'S ALL CRITICAL TRANSITION ZONE HERE, WHICH WE'VE TALKED ABOUT 112.

FUTRELL: PAT, THAT IS IN THE PROPOSAL, REMAINS UNDEVELOPED, AND WE DID NOT USE IMPERVIOUS COVER PULLED FROM THAT AS PART OF THE BUFFER.

THAT'S CORRECT. THERE IS NO NET SITE AREA AND THEREFORE NO CONTRIBUTION TO THE IMPERVIOUS COVER OF THE AGREEMENT. TRACT 113, THE PORTIONS THAT RUN THROUGH THERE THAT ARE CRITICAL TRANSITION ARE PART OF THAT ORIGINAL 301 ACRES AS WELL AS THIS PART HERE UNDER MOPAC. THIS ALSO WOULD INCLUDE THESE AREAS THAT GO THROUGH TRACT 110, AND THERE ALSO IS IN THIS AREA, WHICH ISN'T SHOWING UP ON THIS MAP, WHICH IS J-19, AND I THINK THAT WAS A PIECE OF LAND THAT WE PURCHASED IN THE -- AND IS PRESERVE LAND TODAY, THAT'S ALSO WHERE THE SOUTH DETENTION FACILITY IS. SO IN SUMMARY, ALL OF THOSE AREAS THAT WERE GOING TO BE PARK LAND WERE UNDEVELOPABLE, CRITICAL AND TRANSITION ZONES. THEY ARE PRESERVED NOW AS OPEN SPACE. THEY WILL NEVER BE DEVELOPED. BUT THEY ARE NOT IN PARK LAND, AND I TALKED TO STUART STRONG ABOUT THIS AT LENGTH AND HE BASICALLY SAID THAT HE HAD OPPORTUNITIES TO -- LATER ON, OVE THE YEARS, TO GET THESE PROPERTIES DEDICATED TO THE CITY, BUT DUE TO THEIR DISCONTIGUOUS NATURE, THEY WERE NOT USEFUL AS PARK LAND. IN SUMMARY, THESE AREAS, ALTHOUGH NOT PARK LAND, ARE UNDEVELOPED, WILL NOT BE DEVELOPED. THEY WILL BE PERMANENT OPEN SPACE, B. BUT THAT'S WHERE THE 300 ACRES ENDED UP WE THOUGHT WE WERE GOING TO GET IN 1984. SO ANY QUESTIONS ABOUT THAT?

Alvarez: ONE QUESTION. I GUESS A QUESTION THAT BEGS IS, I MEAN, WERE THEY ALLOWED TO USE THESE CRITICAL ENVIRONMENTAL AREAS ALONG CREEKS FOR THAT PARK LAND DEDICATION? THEY ARE NOT DEVELOPABLE AREAS?

THE -- NO. NO, THEY WERE NOT. THAT WAS NEVER -- SINCE IT WAS NEVER DEDICATED, IT WAS NEVER USED. BAWFKLY IT HAS NEVER BEEN UTILIZED FOR PARK LAND DEDICATION REQUIREMENTS.

Alvarez: I'M WONDERING SINCE THEY WORNT THEY WEREN'T DEVELOPABLE BECAUSE THEY WERE ALONG THE CRITICAL ZONES, WAS IT POSSIBLE OR LEGALLY UNDER THE AGREEMENT FOR THAT TO BE USED FOR THEIR PARK LAND DEDICATION? THAT MIGHT BE MORE OF A LEGAL --

I FRANKLY DON'T KNOW THE ANSWER. AND I DON'T WANT TO HAZARD A GUESS AS TO WHAT THAT ANSWER IS. BUT I DO KNOW THAT TYPICALLY PARKS IS NOT WILLING TO ACCEPT LAND THAT IS NOT DEVELOPABLE AS -- IN LIEU OF PARK LAND DEDICATION REQUIREMENTS BECAUSE THEY WANT LAND THAT COULD BE ACTUALLY USED FOR PARKS ACTION AND THEY HAPPENED IT TO BE MULTI-FUNCTIONAL. SO FOR A IMAMPL, THEY AN EXAMPLE, THEY WANT PLAY FIELDS AND TRAILS. IT WOULD BE DIFFICULT TO DO THAT SORT OF DEVELOPMENT IN THESE AREAS. AND TYPICALLY AS WELL, THEY WOULD NOT BE WANTING DISCONTIGUOUS SMALL PIECES OF PARK. THEY WANT IT TO LINK TOGETHER TO FORM A GREENBELT THAT WOULD RUN THROUGH THE AREA. WE CAN GET YOU A SPECIFIC ANSWER TO THAT QUESTION, AND I WILL. s BEFORE WE MEET AGAIN.

Wynn: MAYOR?

Mayor Garcia: COUNCILMEMBER WYNN.

Wynn: MR. MURPHY, BEFORE YOU STEP DOWN, IF YOU CAN BACK UP A LITTLE BIT, WHEN YOU WERE DESCRIBING THE -- THE SIGNIFICANT AMOUNT OF SINGLE-FAMILY DEVELOPMENT IN THIS AREA OF TOWN, AND THAT I GUESS THE VAST MAJORITY IF NOT ALL OF THEM WERE DEVELOPED AS M.U.D.s --

THERE'S QUITE A BIT OF IT. THAT WOULD BE CIRCLE C. THAT WOULD BE VILLAGE OF WESTERN OAKS.

FUTRELL: SOUTHLAND OAKS.

SOUTHLAND OAKS, AND THIS IS THE MAPLE RUN.

Wynn: SO LIKE ON MAYBE HE WILL RUN ANVIL VIL, THESE OTHER M.U.D.s, -- AND VILLAGE OF WESTERN OAKS, WERE THEY PART OF THE MASSIVE ANNEXATION IN LATE '97?

THAT'S CORRECT. WE DID ANNEX VILLAGE OF WESTERN OAKS, AND I WAS VERY INVOLVED IN THAT AS WERE MANY OTHER STAFF, AND THAT ANNEXATION OCCURRED IN '97. ABOUT THE SAME TIME THAT WE ANNEXED CIRCLE C.

FUTRELL: ALSO SOUTHLAND OAKS.

AND SOUTHLAND OAKS, AND MAPLE RUN. ALL THOSE WERE DONE AT THE SAME TIME IN THAT AREA.

Wynn: WHEN WRE ANNEXED THOSENEXED THOSE M.U.D.s WAS THERE STILL VACANT LAND?

CERTAINLY THAT WAS THE CASE IN VILLAGE OF WESTERN OAKS. THIS NEW AREA OF VILLAGE OF WESTERN OAKS AREA IN HERE WAS NOT DEVELOPED YET, AND SOME OF THE STREETS WERE QUUT, BUT THEY WERE IN -- CUT, BUT THEY WERE IN THE PROCESS OF DEVELOPING THEM AT THE TIME WE ANNEXED THEM.

Wynn: SO THEY DIDN'T HAVE ZONING WHEN WE ANNEXED THEM.

THAT'S CORRECT.

Wynn: ZONING IN THE COUNTY.

THAT'S CORRECT. THEY HAD LAND PLANS.

Wynn: SO WHAT -- WALK ME THROUGH WHAT WAS THE ZONING PROCESS FOR THOSE ANNEXED M.U.D.s AND HOW --

I WOULD LIKE GREG GUERNSEY, IF YOU WOULDN'T MIND. HE WILL DO IT EXACTLY RIGHT. THANKS.

THANK YOU, PAT. SOUTHLAND OAKS AND VILLAGE OF WESTERN OAKS WENT THROUGH THE SAME PROCESS WE'RE GOING THROUGH TODAY. THEY WERE ZONED INTERIM RURAL RESIDENTIAL.

Wynn: UPON ANNEXATION.

UPON ANNEXATION. VILLAGE OF WESTERN OAKS AND SOUTHLAND OAKS, THERE ARE THREE DIFFERENT SECTIONS. ONE OF WHICH INCLUDES CHERRY CREEK AND BRODIE LANE, WHICH IS RIGHT BY ONE OF OUR TRACTS, TRACT 108. ALL WENT THROUGH THE SAME PROCESS. WE DID NOTICE, PUBLIC HEARING --

BY WE, CITY OF AUSTIN --

ZONING WAS INITIATED ON THE M.U.D. LAND PLANS, LAST VERSION THAT EXISTED PRIOR TO ANNEXATION. THOSE OF THESE TRACTS THAT WERE ANNEXED IN ON THESE M.U.D.s, THERE'S QUITE A FEW AREAS THAT WERE UNDEVELOPED, UNDEVELOPED SINGLE-FAMILY, UNDEVELOPED COMMERCIAL TRACTS, SHOWING ON M.U.D. THROUGH NEGOTIATIONS SOME OF THE DEN DENNIS GRAVES TI WAS NSITY. THERE IS A KARST ZONE AND SOME OF THE DENSITY THAT WOULD HAVE BEEN RETAIL MAY END UP BEING MORE RESIDENTIAL IN NATURE AND EVEN SOME OF THE HEIGHT LIMITATIONS THAT WERE PART OF THOSE LUMBERMEN'S TRACTS, WESTERN OAKS WAS REDUCE UNDERSTAND HEIGHT AND DENSITY.

Wynn: THIS IS PART OF THE DECEMBER '97 ANNEXATION?

YES.

Wynn: HOW SOON WERE THESE M.U.D.s ZONED?

THEY OCCURRED A YEAR AFTER IN 1998 AS WE BROUGHT THEM IN, WE STARTED ZONING --

Wynn: THAT NEXT YEAR OR SO.

THAT'S CORRECT.

Wynn: BUT THE CITY SERVED AT THE APPLICANT ON THESE ZONING CHANGES.

THAT'S CORRECT.

Wynn: SO WE AS APPLICANT APPLIED FOR THE ZONING THAT WAS SHOWN IN THE M.U.D. PLANS?

AND SOME OF THOSE I KNOW ON SOME OF THE SOUTHLAND OAKS M.U.D.s THERE WAS OBJECTION THAT WAS BROUGHT BY MANY OF THE PROPERTY OWNERS THAT LIVED IN SOME OF THOSE M.U.D.s, BUT THEY ALSO UNDERSTOOD THERE WAS A M.U.D. LAND PLAN. SOME WERE NOT AWARE AND A LOT OF CONCERNS HAD BEEN RAISED AT SOME OF THE HEARINGS WE'VE HAD BOUGHT THE LAND BECAUSE THEY WERE UNDER THE IMPRESSION IT WAS ZONED IND RIM RR, IT WOULD NEVER BE DEVELOPED EVEN THOUGH THE M.U.D. LAND PLAN INDICATED IT WOULD BE USED FOR MULTI-FAMILY AND COMMERCIAL.

Wynn: DO WE HAVE ATTEMPT TO CHANGE THE ZONING? DID WE SORT OF LOOK UP AND SAY --

WE PRETTY MUCH ZONED ACCORDING TO M.U.D. LAND PLANS AS THEY EXISTED AT THAT TIME.

Wynn: WHY?

THAT WAS CONSISTENT WITH WHAT WE HAD BEEN DOING WITH SOME OF THE OTHER M.U.D. THE PROPERTY OWNERS CAME FORWARD AND NODE THEIR VESTED RIGHTS IN THEIR LAND USE OR CLAIMS AT THAT TIME. I KNOW THERE WAS LEGISLATION ALSO DISCUSSED, WHICH I HAD MENTIONED EARLIER THAT WAS ACTUALLY SUCCESSFUL THAT MENTIONED RESTRICTIVE COVENANTS AND LAND PLANS CONSENT AGREEMENTS WHICH WERE RESTRICTED COVENANTS. THERE WERE A LOT OF ISSUES THAT WERE GOING ON AT THAT TIME.

Wynn: DID WE ACTUALLY DO LIKE WE DID NOW, SORT OF THESE INDIVIDUAL 245 ANALYSIS ON THE TRACT BY TRACT BASIS OR WE LOOKED AT IT MORE GLOBALLY IN LIEU OF STATE LAW? WHAT WAS --

I THINK WE PROBABLY ABOUT BOTH. WE DO LOOK AT THOSE CLAIMS, THOSE DIFFERENT RIGHTS ISSUES THEY HAVE, BUT WE TOOK A LOT OF LOOK AT LAND PLANS. MOST OF THE AREAS WERE -- THAT WERE ZONED COMMERCIAL WERE ALONG ARTERIALS OR INTERSECTIONS OF TWO ARTERIALS. THE AREAS THAT ENDED UP BEING ZONED P PUBLIC OR RR RURAL RESIDENTIAL, A LOT OF THOSE WERE ALONG HOMEOWNERS ASSOCIATION TRACTS ALONG GREEN BELTS OR ENDED UP BEING PUBLIC PARK FACILITIES.

Wynn: OKAY. THANK YOU, MAYOR.

FUTRELL: GREG, ONE THING SINCE THIS SAYING WAYS THIS SEGUES INTO ANOTHER CATEGORY. TALK ABOUT INTERIM ZONING HOW THAT'S BEEN USED.

INTERIM ZONING REGULATION IS APPLIED TO ALL PROPERTY ANNEX UNDERSTAND THE CITY OF AUSTIN. YOU CAN'T TAKE A PROPERTY OWNER'S RIGHTS AWAY UPON ANNEXATION. THEY MUST HAVE SOME ABILITY TO DO SOMETHING UNDER THE LAND. SO THE PROPERTY IS GIVEN INTERIM DESIGNATION TO ALLOW THEM TO BUILD OUT SOMETHING. EVEN WHEN PROPERTY MAY BE BUILD OUT WITH A COMMERCIAL LAND USE LIKE A GROCERY STORE OR GAS STATION OR SOMETHING UPON ANNEXATION, IT'S GIVE ANN INTERIM RESIDENTIAL CLASSIFICATION TYPICALLY. THEN AFTER THAT INTERIM DESIGNATION IS APPLIED, IT'S BEEN THE CITY'S PRACTICE TO GIVE THE PROPERTY OWNER A YEAR TYPICALLY ON THOSE KIND OF COMMERCIAL TRACTS TO COME IN AND FILING A ZONING CASE WITHOUT HAVING TO PAY A FEE. WE GO THROUGH, WE DO ANALYSIS JUST LIKE WE WOULD ANY OTHER CASE IN THE CITY OF AUSTIN FOR REZONING, LOOKING AT THE DENSITY THAT'S PROPOSED, IS IT COMPATIBLE WITH AJAY SANT LAND USES AND ZONING AND MAKE A RECOMMENDATION THAT'S BROUGHT BEFORE THE PLANNING COMMISSION OR ZONING AND PLATTING AND EVENTUALLY MAKES IT TO CITY COUNCIL.

FUTRELL: SO IS INTERIM ZONING THEN USED AS A HOLDING PATTERN BEFORE PERMANENT ZONING IS GIVEN, PERMANENT INITIAL ZONING IS GIVEN TO TRACTS?

THAT'S CORRECT. AND IN THE CASES OF THE MUDZ, THE CITY OF AUSTIN HAS INITIATED THE ZONING SHORTLY THEREAFTER. I THINK THE REASON WE DIDN'T DO ALL THE IMMATERIAL -- IMPLEMENT THE INTERIM ZONING GOING TO QUICKER ZONING QUICKER WAS BECAUSE OF THE SOME OF THE WATER QUALITY PROTECTIONS ZONES AND THE INABILITY OF THE CITY TO REGULATE SOME OF THESE AREAS IN CIRCLE C M.U.D. WE DID HAVE THE OPPORTUNITY TO DO IN VILLAGE OF WESTERN OAKS AND SOUTHLAND OAKS QUICKLY BECAUSE THOSE ISSUES WERE NOT THERE.

FUTRELL: DO YOU HAVE FULL ZONING WHEN YOU HAVE INTERIM ZONING? DO YOU HAVE PETITION RIGHTS?

ACTUALLY THE PROPERTY HAS INTERIM ZONING, THE PROPERTY OWNER DOES NOT HAVE THE RIGHT OF PETITION BECAUSE IT'S KIND OF A HOLDING PATTERN. IT'S AN INTERIM CLASSIFICATION. UPON PERMANENT ZONING THE PROPERTY OWNER WOULD HAVE THE RIGHT OF PETITION THAT WOULD REQUIRE SIX OUT OF SEVEN VOTES OF CITY COUNCIL DO OVERRIDE THE HOMEOWNER'S PROTESTS FOR A PETITION.

FUTRELL: WHEN WE'VE DONE MASS ANNEXATION AND USED THIS INTERIM ZONING HOLDING CATEGORY OF INTERIM RR, HOW FREQUENTLY IS IT THAT THAT BECOMES THE PERMANENT ZONING?

IT IS REALLY -- IT IS ONLY THOSE CASES WHERE WE HAVE LOW DENSITY, RURAL RESIDENTIAL LOTS OR FLOOD PLAIN. IT'S VERY RARE THAT WE'LL HAVE LAND THAT WILL GO FROM INTERIM RR TO PERMANENT RR. IT JUST DOESN'T HAPPEN THAT OFTEN. IN THE CASE OF VILLAGE OF WESTERN OAKS, THERE WAS SEVERAL LOTS THAT CAME IN A AS INTERIM SF-2, WHICH IS SINGLE-FAMILY RESIDENCE DISTRICT AND MINIMUM LOT SIZE OF 5,750 SQUARE FEET AND THOSE ENDED UP BEING PERMANENT SF-2 BECAUSE THOSE LOTS WERE ALREADY PLATTED.

FUTRELL: BECAUSE OF ALL THE CONTROVERSY WE'VE HAD IN CALLING INTERIM ZONING-UP ZONING, ONE OF THE THINGS WE TALKED ABOUT, COUNCIL, IS SHOULD ANNEXATION CONTINUE, AND I DON'T THINK THAT'S A -- A GREAT AMOUNT OF ANNEXATION IS ON THE HORIZON, BUT WE WOULD TRY TO FIND A WAY TO NOT BRING PEOPLE IN WITH INTERIM ZONING BUT TO DO SOMETHING DIFFERENT IN DECIDING AND SEEING WHAT A PERMANENT ZONING IS WHEN YOU BRING IN THE TRACTS OF LAND. GREG, THAT'S IT. I JUST WANTED TO YOU WALK THROUGH IT. THERE'S BEEN SO MUCH DISCUSSION ABOUT THE INTERIM ZONING CATEGORY.

MAYOR AND COUNCIL, THE ONLY OTHER STAFF INFORMATION WE WANTED TO PRESENT AND THEN GET QUESTIONS WAS TO GIVE YOU A BRIEF UPDATE ON SOME OF THE CHANGES THAT HAVE HAPPENED FROM THE DEVELOPMENT AGREEMENT, AND MANY OF YOU RAISED THESE ISSUES HAVE BEEN NEGOTIATING THEM SO I'LL BRIEFLY GIVE A SYNOPSIS. AS COUNCILMEMBER SLUSHER MENTIONED EARLIER, WE HAVE DELETED GAS STATIONS AS A USE ON ANY OF THE STRATUS PROPERTIES. WE'VE ADDED A VISUAL BUFFER ALONG STATE HIGHWAY 45 AND FM 1826. THERE HAS BEEN AT THE REQUEST OF COUNCILMEMBER SLUSHER AND MAYOR PRO TEM ADDED INCREASED BUFFERS FOR CRITICAL ENVIRONMENTAL FEATURES, PARTICULARLY ON PARCEL 107. WE'VE ADDED ELECTRONIC TESTING AS A COMMERCIAL USE, BUT LIMITED THE SQUARE FOOTAGE OF OFFICE SPACE TO 375,000 SQUARE FEET, AND THAT WAS THE MAYOR PRO TEM ASKED FOR THAT CHANGE. WE ALSO HAVE GOTTEN AGREEMENT FROM STRATUS TO ADD THEM TO PARTICIPATE IN DISCUSSIONS THAT WOULD BE INITIATED BY THE CITY THAT WOULD INCLUDE TXDOT, THE U.S.FISH& WILDLIFE, THE WILD FLOWER CENTER, AND BARTON SPRINGS AND EDWARDS AQUIFER CONSERVATION DISTRICT REGARDING THE RETROFIT OF CERTAIN HIGHWAYS AND ROADS CON TIG USE TO THE LAND BUT -- CONTIGUOUS NOT THE LAND BUT NOT CONSTRUCTED BY STRATUS.

FUTRELL: I THINK THAT'S A VERY IMPORTANT ONE. THIS IS SOMETHING WE HAD DAWKD ABOUT A GREAT DEAL THROUGH THE NEGOTIATIONS BECAUSE OBVIOUSLY ANY CHANCE THAT WE GET TO FIND OPPORTUNITIES FOR RETROFIT ARE RARE. AND THIS MIGHT BE ONE OF THOSE. AND I UNDERSTAND THAT STRATUS IS COMMITTED TO DEDICATED EASEMENTS WITHIN CERTAIN LIMITATIONS TO HELP ACCOMPLISH THAT RETROFIT.

THAT IS CORRECT. THEY HAVE AUTHORIZED TO GRANT EASE MENTSDZ AS PART OF THETHE DISCUSSIONS. THERE IS A COMMITMENT FROM STRATUS AND THE WILD FLOWER CENTER TO DISCUSS FEASIBILITY OF CONSTRUCTING, OPERATING AND FUNDING FOR WATER QUALITY POND AND WET POND MAINTENANCE ON PARCEL 113.

FUTRELL: AND LISA, WAS THAT TIED TO TRYING TO MITIGATE HIGHWAY RUNOFF? DOES ANYONE -- I SEE SHAKING OF THE HEADS. THE REASON I MENTION THAT IS YOU ONE OF THE THINGS WE'VE ALL BEEN DEALING WITH IN IN AREA IS THE STATE HIGHWAYS WERE BUILT WITHOUT ANY WATER QUALITY CONTROL STRUCTURES. ANY CHANCE WE HAVE TO PUT IN TREATMENT THERE IS A BIG STEP FORWARD.

THAT'S CORRECT. WE ALSO ADDED A PROVISION THAT INCLUDES NEW WATER QUALITY CONTROLS METHODOLOGY THAT WOULD REQUIRE STRATUS TO COMPLY WITH NEW METHODS IF THEY MET THREE CONDITIONS, WHICH WOULD BE IMPROVED EFFECTIVENESS OF THE NEW WATER QUALITY MEASURE, MEANING WE KNOW THAT IT'S THE BEST PRACTICE, AND IT WOULD IMPROVE THE WATER QUALITY BY 10%, AND NOT COST MORE THAN 10%. THERE WOULD BE AN EFFECTIVENESS AN EFFICIENCY TO THAT MEASURE WHICH WE THINK WAS A SIGNIFICANT REQUEST, AND THAT WAS ANOTHER REQUEST FROM COUNCILMEMBER SLUSHER. WE HAVE PROVIDED MORE DETAIL ON THE TRAFFIC IMPROVEMENTS AND ALLOWED FOR ALTERNATIVE SITES. IF A SITE THAT'S NOT IN THE DEVELOPMENT AGREEMENT IN TERMS OF A TRAFFIC IMPROVEMENT THAT'S BEEN AGREED UPON TO BE FUNDED IS NOT AVAILABLE, THERE'S OPTIONAL SITES WHICH ALLOW FOR ADDITIONAL SAFETY AND MITIGATION OF TRANSPORTATION IMPACTS. STRATUS HAS ALSO AGREED TO PARTICIPATE IN A REGIONAL PLANNING EFFORT THAT THE COUNCIL HAS BEEN DISCUSSING, AND THAT'S STILL BEING NEGOTIATED. THERE ARE ONE OR TWO OTHER ITEMS BEING NEGOTIATED, BUT I'LL LET COUNCIL RAISE THOSE ITEMS AS THEY HAVE BEEN WORKING HARD ON THEM. ARE THERE ANY QUESTIONS?

FUTRELL: THE LAST ONE, BECAUSE WE DON'T HAVE THE LANGUAGE FINISHED YET, BUT JUST TO MENTION THAT THE STRATUS HAS AGREED TO REVISE THE DOWNZONING PENALTY THAT'S OBVIOUSLY BEEN A TOPIC OF GREAT DISCUSSION AND WE'RE WORKING ON THAT LANGUAGE BASED ON DISCUSSIONS WITH COUNCILMEMBERS.

YES, WE ARE WORKING ON. THAT ARE THERE ANY QUESTIONS?

Mayor Garcia: FURTHER QUESTIONS FOR MS. GORDON?

Alvarez: MAYOR, I HAD QUESTIONS ABOUT TRAFFIC ANALYSIS.

O THE BEST WE CAN ON THE TRANSPORTATION QUESTIONS. AS YOU KNOW, MS. McMANUS IS NOT HERE, SHE IS ILL, WE'LL FOLLOW UP ON ANY QUESTIONS THAT WE'RE NOT ABLE TO PROVIDE WITH YOU THE COMPREHENSIVE --

TERRY IS PROBABLY WATCHING YOU FROM HOME. DON'T FEEL NERVOUS.

I HOPE NOT.

[INAUDIBLE]

THAT'S TRUE.

Alvarez: WHAT I HOPE IS A QUICK QUESTION, ON TABLE 3 OF THE TRAFFIC ANALYSIS, I BELIEVE IT'S TABLE 3RBGS ISN'TIT? LET ME DOUBLE-CHECK. I BELIEVE THAT'S IT. FOR SLAUGHTER, ACTUALLY FOR SOUTH LOOP 1, FROM SEXUAL ASSAULTER TO SH 45,-FROM SLAUGHTER TO SH 45, WHAT I'M TRYING TO FIGURE OUT IS THIS PROPOSAL IS PROJECTING THAT THE STRATUS PROPOSAL THAT'S BEING NEGOTIATED WOULD GENERATE 2800 TRIPS PER DAY? WE HAVE A TOTAL I THINK ON THE STRATUS PROPOSAL, TOTAL FOR THE 1704 PROPOSAL, AND THEN AN INDICATION FOR THE STRATUS PROPOSAL, HOW MANY OF THOSE ARE GENERATED BY JUST THE STRATUS PROPERTIES THEMSELVES?

YES, COUNCILMEMBER, THE COLUMN TITLED STRATUS PROPOSAL IS BASICALLY A 2015 SCENARIO. YEAR 2015, ASSUMINGS THE CITY ACCEPTS THE STRATUS PROPOSAL. AND SO THERE IS OTHER TRAFFIC FROM OTHER DEVELOPMENTS, NOT JUST STRATUS THAT'S INCLUDED THIS THAT. STRATUS TRAFFIC IS ABOUT 2800 TRIPS PER DAY. THEN THE OTHER TRAFFIC FROM OTHER SURROUNDING DEVELOPMENTS MAKES UP THE REST OF THAT 30,000.

Alvarez: I'M GOING TO FOCUS ON THAT BECAUSE THAT SEEMS TO BE THE SEGMENT THAT GETS THE BIGGEST INCREASE IN TRAFFIC, YOU KNOW, WHETHER IT'S THE STRATUS PROPOSAL OR THE 1704 PROPOSAL. BUT IF WE COULD PUT THAT MAP UP THAT JUST SHOWS ALL IF TRACTS THAT ARE PART OF THE PROPOSED AGREEMENT. BASICALLY I THINK THE QUESTION I HAVE, AND I DON'T KNOW IF YOU WILL BE ABLE TO ANSWER IT, IF YOU LOOK AT THAT CORRIDOR, I GUESS ON SOUTH MOPAC FROM SH 45 TO SLAUGHTER LANE, IF YOU COULD JUST POINT TO THAT RIGHT THERE. MOPAC --

SOUTH MOPAC FROM SH 45 TO SLAUGHTER.

Alvarez: SLAUGHTER. AND SO UNDER THE TRAFFIC ANALYSIS, THAT -- WE'RE SAYING THAT THE ENTIRETY OF THE STRATUS PROPOSAL WOULD CREATE 2800 TRIPS PER DAY ON THAT STRETCH OF ROAD. AND WHAT I WOULD LIKE TO KNOW IS IF YOU LOOK AT THE PROPOSED NUMBER OF TRIPS ESTIMATED FOR TRACT 110, IT'S 8726, SOMETHING LIKE THAT. AND IF LIEW AT THE IF YOU LOOK AT THE PROPOSED TRIP FOR 115, WHICH IS THE BEAR LAKE P.U.D. RIGHT THERE AT THE BOTTOM, IT'S 6767. THEN YOU HAVE TRACT 114, WHICH IS PRETTY SMALL, GENERATING ABOUT 118 TRIPS PER DAY. SO THAT ADDS UP TO ABOUT 15,600 TRIPS. AND WE'RE ESTIMATING THAT OF THOSE 15,600 TRIPS, 2800 ARE GOING TO USE THAT SEGMENT OF MOPAC FROM SH 45 TO SLAUGHTER.

COUNCILMEMBER, I DON'T HAVE A COMPLETE EXPLANATION, BUT WHAT I CAN TELL SUE THAT THE REASON WHY ALL OF -- ALL OF THE TRAFFIC DOESN'T GO ON MOPAC, IT'S DISBURSED ON OTHER AREAS. YOU HAVE SH 45, 1826, YOU HAVE SLAUGHTER LANE. VARIOUS OTHER FACILITIES IN THE AREA, STEARP AREA, STEARP. IT DOESN'T ALL GO ON TO MOPAC. ESCARPMENT.

Alvarez: IF WE CAN GET SOME KIND OF DETAIL WE'RE ASSUMING ALL THAT TRAFFIC IS DOING. THE OTHER ISSUE, I GUESS JUST HAS TO DO WITH THE ASSUMPTIONS -- I GUESS THE -- WHEN WE'RE ASSUMING -- WHAT LEVEL OF DEVELOPMENT WE'RE ASSUMING IN THIS AREA AS PART OF THE MODEL. AND I SEE THAT YOU PROVIDED SOME MAPS HERE THAT SEEM TO REFER SO SOME KIND OF DEVELOPMENT SCENARIOS. AND THIS IS THE PROPOSAL, I BELIEVE, THAT WAS PASSED OUT TODAY.

YES, COUNCILMEMBER, THESE -- THIS IS THE REPORT THAT HAS BEEN PRESENTED BEFORE. I DON'T KNOW IF THE COLOR MAPS WERE IN YOUR BACKUP.

Alvarez: THEY ARE IN HERE.

WE PROVIDED ANOTHER COPY ON THE DAIS FOR YOU.

Alvarez: I GUESS THAT'S THE OTHER -- WHAT I WAS TRYING TO GET A HANDLE ON IS, YOU KNOW, HOW MUCH ADDITIONAL DEVELOPMENT WE'RE ASSUMING WOULD OCCUR AS PART OF THIS MODEL. AND IS THAT SOMETHING THAT CAN CLEARLY BE DETERMINED OR IS IT BASED MORE ON AVERAGE GROWTH OR PROJECTED GROWTH?

IT'S BASED ON PROJECTED GROWTH FOR THE YEAR 2015. FROM THE CAMPO MODEL. CAMPO PROJECTS POPULATION AND EMPLOYMENT THROUGHOUT THE ENTIRE METRO AREA THROUGH THE YEAR 2025, AND THEN THEY DO AN INTERIM PROJECTION FOR THE YEAR 2015. THOSE -- THEIR CONTROL NUMBERS ARE BASED UPON FIGURES PROVIDED BY THE STATE DATA CENTER, WHICH PROJECTS POPULATION FOR THE ENTIRE COUNTY. THOSE ARE OFFICIAL NUMBERS THAT ARE USED BY THE STATE FOR ALL SORTS OF PLANNING PURPOSES. SO THAT'S WHERE THE CONTROL TOLLTOTALS COME FROM. THEN WE HAVE TAKEN THIS SUBAREA AND INCLUDED -- AND DISTRIBUTED THOSE NUMBERS BASED UPON THE AVAILABILITY OF VACANT LAND, THE SUBSTITUTABILITY OFSUITABILITY OF LAND FOR DEVELOPMENTND BASIC OTHER FACTORS.

Alvarez: I GUESS IS THERE ANY WAY FIGURING HOW MUCH GROWTH WAS PROJECTED FOR THIS SECTOR OR THIS PART OF THE COUNTY.

I BELIEVE WE HAVE THAT NUMBER, YES. [ONE MOMENT, PLEASE, FOR CHANGE IN CAPTIONERS] 12:01 A.M. (12:01.

THE REASON WHY THE NUMBERS ARE A LITTLE DIFFERENT IS THAT YOU -- THE WAY YOU DEVELOP THAT MODEL IS YOU LOOK AT HOW MANY TRIPS WOULD BE PRODUCED BY A TYPICAL HOUSEHOLD AND HOW MANY TRAIPZ WOULD BE ATTRACTED BY COMMERCIAL AND NONRESIDENTIAL FACILITIES AND THEN YOU MATCH THOSE FACTORS TO EACH OTHER AND DISTRIBUTE THE TRIPS IN THAT FASHION. SO -- AND IN THE PROCESS OF DOING THAT YOU ALSO CALIBRATE THE MODEL SO THAT IT REPRESENT LA INDICATES EXISTING TRAFFIC. YOU TAKE EXISTING EMPLOYMENT, EXISTING POPULATION, DEVELOP A MODEL BASED UPON EXISTING FACTORS AND REPLICATE EXISTING TRAFFIC PATTERNS SO THAT AT SOMETHING LIKE 1200 POINTS THROUGHOUT THE AREA. SO ONCE YOU HAVE CALIBRATED THAT MODEL YOU PROJECT IT INTO THE FUTURE FOR FUTURE POPULATION --

AND YOU GET A BETTER PICTURE OF THE INTERACTION OF ALL THE PARTS. WHAT ABOUT THE IMPROVEMENTS? DOES ANYBODY HAVE -- KNOW IN GENERAL -- IS IT ABOUT 1.5 OR 1.7 MILLION?

YES, ABOUT 1.5 MILLION. THAT INCLUDES TRAFFIC SIGNALS AT THREE INTERSECTIONS AND MODIFICATION OF SIGNALS AT TWO OTHER INTERSECTIONS. TURN LANES AND STRIPING AT ANOTHER INTERSECTION. AND PARTIAL CONSTRUCTION OF HE ISESCARPMENT BOULEVARD AS WELL AS SCHOOL SAFETY SPEED MONITORS AT KIKER ELEMENTARY.

FUTRELL: GEORGE, BACK UP A LITTLE BIT ON THE TRAFFIC STUDIES. THE WAY INDIVIDUAL TRAFFIC OR TIA'S CAN BE DONE, THERE'S ACTUALLY A POINT AT WHICH YOU CAN BRING IN JUST UNDER A CERTAIN AMOUNT AND AVOID DOING A TIA, CORRECT?

THAT'S CORRECT.

FUTRELL: EXPLAIN THAT BECAUSE I DON'T THINK PEOPLE UNDERSTAND THAT THE WAY -- WE ACTUALLY HAVE MORE LOOP HOLES IN HOW THE CURRENT PROCESS WORKS THAT ALLOW THE DEVELOPER BY TAKING THINGS DOWN IN SMALL INCREMENTS TO AVOID DOING A TRAFFIC IMPACT ANALYSIS AT ALL.

THAT'S CORRECT. THE THRESHOLD IN OUR ORDINANCE IS TWO THOUSAND TRIPS PER DAY, SO IF -- FOR EXAMPLE, A LARGE TRACT LIKE 110, THERE WILL PROBABLY BE SEVERAL SITE PLANS THAT ARE SUBMITTED FOR THAT TRACT. AND THOSE COULD VERY WELL, EACH OF THEM COULD GENERATE LESS THAN 2,000 TRIPS. SO INDIVIDUALLY WE WOULD NOT HAVE THE BENEFIT OF HAVING THE DEVELOPER PREPARE A TIA. CUMULATIVELY YOU COULD HAVE A THOUSAND TRIPS OR SO ON THAT ONE TRACT, BUT YOU WOULD NOT HAVE ANY TRAFFIC IMPACT ANALYSIS AT ALL.

> FUTRELL: SO BY DOING WHAT WE'VE DONE HERE, WE'VE ACTUALLY NOT ONLY MADE SURE THAT ALL OF THE PROPERTY THAT'S GOING TO BE DEVELOPED IS INCLUDED IN A TRAFFIC IMPACT ANALYSIS, BUT WE'VE ALSO BEEN ABLE TO LOOK AT THE REST OF THE REGIONAL GROWTH AROUND IT AND NOT LOOK AT THE INCREMENTAL INCREASE FROM A PARTICULAR TRACT.

THAT'S CORRECT.

AND WE ALSO FUNNED THE TRAFFIC IMPROVEMENTS UP FRONT. WE'VE IDENTIFIED THAT AS A BASIS FOR AN ANALYSIS AND USUALLY WE WOULD WAIT UNTIL THEY'RE WARRANTED AND DO INDIVIDUAL STUDIES, SO IT COULD BE YEARS. BUT INSTANCE THOSE TRIGGERS OCCUR, THEN THE FUNDING EXISTS. AND WE'VE IDENTIFIED THOSE INTERSECTIONS THAT WOULD BE AFFECTED.

FUTRELL: THAT'S ALSO SOMETHING I DON'T THINK EVERYBODY UNDERSTANDS IS THAT WHEN A DEVELOPER COMES IN THEY'RE ALLOTTED JUST AN INCREMENTAL INCREASE THAT THEIR DEVELOPMENT INCREASES TO THE TRAFFIC AND THEY ALSO HAVE TO PUT AN INCREMENTAL COST TO THE TRAFFIC IMPROVEMENT AWAY, WHICH MEANS YOU MIGHT NOT HAVE ENOUGH TO PUT IN THE LIGHT OR TO DO THOSE TRAFFIC IMPROVEMENTS WHEN THE AREA IS WARRANTED FOR THAT TRAFFIC LIGHT.

THAT'S CORRECT. WHEN YOU TAKE ONE TRACT AND IT MAY GENERATE TWO THOUSAND TRIPS A DAY, BUT YOU DISTRIBUTE THOSE ON SEVERAL DIFFERENT STREETS, THEN THE AMOUNT OF TRAFFIC GOING THROUGH ANY ONE INTERSECTION IS A SMALL PERCENTAGE OF THE TOTAL TRAFFIC THROUGH THAT INTERSECTION AND THEN THEY ONLY PAY FIVE OR 10 PERCENT OF THE COST OF THE IMPROVEMENTS. HERE THEY'RE PAYING 100%.

Mayor Garcia: FURTHER QUESTIONS FOR STAFF? OKAY. WHAT WE HAVE ON THE AGENDA IS ITEMS 21, 24 AND 25. THOSE ARE ORDINANCES PERTAINING TO THE SETTLEMENT AGREEMENT. AND THEN -- I'LL ENTERTAIN A MOTION TO POSTPONE ITEMS 23, 26 AND 27 UNTIL AUGUST 1ST BECAUSE THOSE ARE RESOLUTIONS. SO IF THERE'S NO FURTHER QUESTIONS, I'LL ENTERTAIN A MOTION TO CONSIDER THOSE ITEMS.

Wynn: MAYOR?

Mayor Garcia: COUNCILMEMBER WYNN.

Wynn: BEFORE I MAKE A MOTION, I WANT TO JUST READ A LITTLE COMMENT THAT I RECEIVED TODAY. IN ADDITION TO ALL THE PUBLIC INPUT THAT WE'VE HAD, WE OF COURSE GET HUNDREDS OF E-MAILS AND PHONE CALLS. AND TO BE FAIR, I GOT -- THE E-MAILS PROBABLY RAN, YOU KNOW, FOU TO FIVE TO SIX TO ONE AGAINST, BUT I AM GOING TO READ ONE FOR BECAUSE IT'S FROM A FRIEND OF MINE AND A FORMER COLLEAGUE OF HERE WHO HAS A LOT OF HISTORY OF THIS. IT'S FROM BRIDGET SHEA, WHO A LOT OF FOLKS IN HERE KNOW AND KNOW HER HISTORY WITH THESE EFFORTS. AND I WON'T READ THE WHOLE THING. IT WAS REAL SHORT. SHE WRITES ME AND SAYS WATCHING THE STRATUS CONFLICT HAS BEEN A PAINFUL REMINDER OF ALL THE HORRIBLE FIGHTS WE ENDURED WHEN I WAS ON THE COUNCIL. WE WENT THROUGH THREE DEVELOPMENT AGREEMENTS, ONLY TO REJECT THEM AT THE LAST MOMENT BECAUSE THEY WEREN'T PERFECT. I IS HAVE HAD MANY, MANY REGRETS AS I'VE WATCHED THOUSANDS OF HOMES AND BEING COMMERCIAL BUILDINGS MARTHA SENSITIVE LAND LARGELY BECAUSE WE COULDN'T NEGOTIATE AND WERE SAVAGED BY STATE LAW. I'LL SKIP DOWN, AND SHE SAYS, AFTER MUCH SOUL SEARCHING I HAVE CONCLUDED IT IS BETTER TO SUPPORT THIS DEAL, MAKING IT AS GOOD AS POSSIBLE, RATHER THAN RISK THE ALTERNATIVE. I URGE YOU TO SUPPORT IT. WISH YOU LUCKY KNOW. IWISH YOU LUCK. I KNOW IT'S VERY DIFFICULT. WITH THAT I MOVE APPROVAL OF ITEMS 21, 24, 25, WHICH ARE THE SETTLEMENT AGREEMENT. AND THEN ITEMS 28 THROUGH 40 FOR SECOND READING ONLY.

Mayor Garcia: OKAY. THERE'S A MOTION ON ITEMS 21, 24 AND 25 AND ITEMS 28 THROUGH 40, WHICH ARE ZONING ITEMS. AND Z-4 AND Z-5 -- WE'LL DO THAT MOTION SEPARATELY BECAUSE THAT REQUIRES FIRST READING ALSO. IS THERE A SECOND? COUNCILMEMBER DUNKERLEY SECONDS THAT. DISCUSSION?

Goodman: MAYOR, COULD I ASK A QUESTION.

Mayor Garcia: MAYOR PRO TEM.

Goodman: THE WAY IT'S POSTED SECOND AND THIRD READING, IS THAT WHAT YOU PROPOSED?

Mayor Garcia: THE MOTION WAS FOR SECOND ONLY.

Mayor Garcia: ARE THERE ANY AMENDMENTS THAT ANYBODY WANTS TO PUT ON THE TABLE?

Goodman: YES.

Mayor Garcia: MAYOR PRO TEM?

Goodman: CONCEPT ACTUALLY TIME I HAD A COUPLE OF THINGS, AND I SIEM SINCE WE -- I ASSUME SINCE WE DON'T HAVE ANYTHING IN WRITING TO SHOW THE CHANGES, THE REASON WE'RE DOING THIS IS TO GIVE A LITTLE BETTER UNDERSTANDING OF DIRECTION. IS THAT SO?

FUTRELL: PROBABLY OF THE ITEMS THAT YOU'RE TALKING ABOUT WE HAD -- THERE WERE SO MANY DIFFERENT TWEAKS AS WE MOVED THROUGH THE LAST TWO DAYS, WE WANTED TO MAKE SURE WE HAD NAILED DOWN WHAT THE CONCEPT IS. AND NOW THAT I THINK WE'RE THERE, FOR EXAMPLE, ON POTENTIALLY THE WATER QUALITY CONTROL MECHANISM, HOW THAT'S GOING TO WORK AND WHO THE THIRD PARTY WOULD BE, WHAT WE WOULD INTEND OR HOPE THAT THE CONCEPT COULD BE AMENDED TODAY AND THEN WE COULD WORK WITH THE COUNCILMEMBERS ON THE DETAILED LANGUAGE TO HAVE THAT READY FOR WHEN IT'S BROUGHT BACK ON AUGUST 1ST.

Goodman: WELL, I HAVE SOMEWHERE A PIECE OF PAPER WITH -- TRYING TO MAKE SURE THE CONCEPT IS THERE, BUT I REALLY WANTED TO BE VERY PRECISE SO THAT -- [ INAUDIBLE ] BUT WHAT I DON'T WANT ANYBODY TO MISTAKE IS THE VERY -- WHAT WORD DO I WANT TO USE HERE? FAIL-SAFE PROVISION THAT I'M TRYING TO GET ENTERED INTO THE DISCUSSION BECAUSE IT TAKES A DETAILED AND PRECISE, VERY PRECISE APPROACH AND APPLICATION. SO WHAT I'M GOING TO READ INTO THE RECORD FOR DIRECTION OF THIS IS NOT AT ALL -- IT'S SO SAD WHEN YOUR BRAIN GOES DEAD AND YOU CAN'T THINK OF WORDS ANY MORE. I THINK WHAT I SAID LAST TIME WAS MORE DETAILS THAN WHAT I'M ABOUT TO SAY THIS TIME, AND I'M NOT SURE WHY THAT HELPS, BUT I'M GOING TO DO IT ANYWAY JUST TO MAKE SURE THAT NOBODY FORGETS BECAUSE IT'S A CRITICAL COMPONENT. THAT AMENDMENT HAD TO DO WITH PERPETUAL MAINTENANCE REPAIR, MONITORING AND SO ON. SO THE AMENDMENT I WOULD OFFER AS A FRIENDLY AMENDMENT IS TO PROVIDE FOR ASSESSMENTS ON THE LAND TO BE USED TO FUND THE MAINTENANCE, PERFORMANCE MONITORING, REPAIR, REMEDIATION OF WATER QUALITY CONTROL FACILITIES AND CRITICAL ENVIRONMENTAL FEATURE PROTECTIONS OR SERVING THE LAND BY THE OWNERS ASSOCIATIONS ACCORDING TO MAINTENANCE REQUIREMENTS BASED ON BEST MANAGEMENT PRACTICE, AND THOSE SERVICES TO BE ADMINISTERED BY THE -- WHO IS IT THAT YOU CAN'T FIGURE OUT ALL THESE YEARS? THE BARTON SPRINGS, HE EDWARD'S AQUIFER CONSERVATION DISTRICT. SORRY. SO THAT'S THE AMENDMENT.

Mayor Garcia: YOU'RE PROPOSING IT'S A FRIENDLY AMENDMENT -- [ INAUDIBLE ]

Wynn: YES, IT IS, MAYOR.

Mayor Garcia: OKAY. COUNCILMEMBER DUNKERLEY, A FRIENDLY AMENDMENT? OKAY.

FUTRELL: AND THE MAYOR PRO TEM'S POINT IS WELL TAKEN. THIS WILL BE A VERY DETAILED AGREEMENT AND WE'RE GOING TO HAVE VERY, VERY SPECIFIC LANGUAGE AND RELATIONSHIPS TO SOMETHING THAT IS GOING TO SPIN OFF A FUNDING SOURCE IN PERPETUITY TO MAKE SURE THAT THE WATER QUALITY CONTROLS ARE NOT ONLY MAINTAINED, BUT INSPECTED AND ENFORCEMENT IS IN PLACE. IN ADDITION WE HAVE ADDED AS PART OF THE DISCUSSION WITH THE MAYOR PRO TEM ACCESS TO THE CRITICAL ENVIRONMENTAL FEATURES, EVEN WHEN THE LAND GOES INTO PRIVATE DEVELOPMENT, SO WE CAN CONTINUE TO MONITOR AND SEE HOW THE CONTROLS ARE WORKING AND HOW THE FEATURES ARE BEING PROTECTED.

Goodman: AND ACTUALLY, THERE'S ONE MORE -- I'M KIND OF SKIPPING AROUND. THERE'S ONE MORE AMENDMENT I WOULD LIKE TO OFFER, NOT TO THE AGREEMENT, BUT TO A ZONING CASE, AND THAT'S FOR 110. DO YOU KNOW WHERE YOU HAD THE CHIP FACILITY, CHIP FOOTPRINTS AND YOU HAVE 50% OF THAT REFERRED TO ELSEWHERE AS FOR THE CHIP -- WHAT'S THAT CALLED? NOT CHIP MANUFACTURE.

CHIP WASHING.

Goodman: IS IT POSSIBLE TO -- THAT'S SUR ROWNED --

Mayor Garcia: GREG IS GOING TO BE ABLE TO ANSWER. THIS IS A ZONING CASE AND I CAN'T REMEMBER WHICH ONE HAS TO DO WITH IT.

I THINK YOU'RE SPEAKING TO THE ELECTRONIC -- ELECTRONIC TESTING I THINK RIGHT NOW IS LIMITED IN THE AGREEMENT TO LIKE 375.

IT'S 50% OF THE SQUARE FOOTAGE OF TRACT 110.

THAT'S WHAT'S CURRENTLY IN THE AGREEMENT. THERE'S NOT A LIMITATION BY ZONING EXCEPT TO PERMIT THESE.

Goodman: WHAT I'D LIKE TO DO, INSTEAD OF THE CS, EVEN THOUGH THE OVERLAY WOULD STAY THE SAME, THE PROHIBITION AND ALL THAT, IS OFFER G.O. I THINK THAT G.O. PROVIDES THE ABILITY TO DO ALL THAT, BUT IT DOESN'T SET THE ZONING PRECEDENT THAT THE --

THE ORDINANCE AS IT WAS PASSED WOULD NOT ALLOW THE ELECTRONIC TESTING IN A G.O. DISTRICT. THE WAY THE CS ZONING RIGHT NOW IS LIMITED --

Goodman: SURROUNDING IT.

YEAH, WE COULD DO THAT.

Goodman: MAKE IT AN ISLAND OF THE CHIP.

WE COULD DO THAT.

Mayor Garcia: CS FOR THE SURROUNDING AND SURROUNDING G.O.? DID YOU GET THAT?

YEAH. WE WILL CALCULATE THAT FOR THE AREA THAT WILL BE CS AND THE REMAINING AREA WILL BE G.O.

Goodman: WE CAN FIX THAT. IT'S ONLY SECOND READING, BUT I WOULD LIKE TO OFFER THAT AS A POSSIBLE FRIENDLY AMENDMENT.

Mayor Garcia: I SAW STEVE DRENNER MOVING HIS HEAD BACK AND FORTH THIS WAY. IS THAT SOMETHING THAT YOU THINK IS NOT GOING TO BE ACCEPTABLE BY THE --

THANK YOU, MAYOR. THE PROBLEM WOULD BE THE TRACT IS 246 ACRES. WE DON'T REALLY KNOW WHERE THE FOOTPRINTS ARE GOING TO BE. IT'S VERY MUCH A PART OF OUR GREEN BUILDER PROGRAM THAT WE'RE GOING TO SPEND A LOT OF TIME TRYING TO ORIENT THOSE FOOTPRINTS SO THAT THEY'RE PROPERLY DONE SO THAT WE CAN DO AS GOOD A JOB AS WE CAN POSSIBLY DO. IF I UNDERSTOOD THE MAYOR PRO TEM'S SUGGESTION, I'M NOT SURE HOW WE WOULD KNOW ARE THAT -- WHERE TO PUT THAT CIRCLE.

Mayor Garcia: IF THE AMENDMENT WAS TO SAY THAT THE FOOTPRINT, WHEREVER IT GOES, IS GOING TO BE CS, BUT EVERYTHING AROUND IS IS GOING TO BE G.O., WOULD THAT.

I GUESS I WOULD ASK MR. GURNSEY IS THAT GOING TO LIMIT THAT USE.

WE WOULD NEED TO DEFINE THE AREA AT THIRD READING AND COULDN'T LEAVE IT FLOATING.

Mayor Garcia: WHY DON'T WE DO THIS. SINCE THIS IS SECOND READING, WHY DON'T WE TRY TO WORK THAT OUT WITH THE MAYOR PRO TEM BETWEEN NOW AND AUGUST 1ST, DEFINE THE AREA AND PUT IT INTO THE ORDINANCE THAT WE'LL BE CONSIDERING ON THE FIRST. IS THAT OKAY WITH YOU, MAYOR PRO TEM?

Goodman: YES, MAYOR, BECAUSE IF YOU'RE GOING TO HAVE THE LITTLE ISLAND OF CS SOMEWHERE FLOATING AS WELL, THEN MAYBE WE SHOULD TIE THAT ONE DOWN TOO.

Mayor Garcia: OKAY. SO THERE'S NO AMENDMENT AT THIS TIME. ANY OTHER AMENDMENTS?

Wynn: MAYOR? AS PART OF JUST MY MAIN MOTION, I WOULD LIKE TO ASK STAFF, ONLY TODAY -- YESTERDAY, I RECEIVED A MATRIX HERE FROM THE BOARD OF DIRECTORS OF THE NEW VILLAGES OF WESTERN OAKS, AND THEY LISTED THEIR CONCERNS. AND A FAIR NUMBER OF THEM HAVE APPEARED TO HAVE ALREADY BEEN AGREED TO, AND SO I'D LIKE TO ALSO HAVE STAFF, YOU KNOW, TAKE ANOTHER RUN AT THEIR LIST HERE. SOME OF THEM ACTUALLY AREN'T STRATUS RELATED ITEMS THAT I CAN TELL.

FUTRELL: THIS HAS ACTUALLY BEEN VERY HELPFUL TO GET THIS DETAILED IN WRITING. AND I THINK THAT LISA HAS THE PLANS TO TRY TO NAIL DOWN WHAT CAN BE AGREED ON AND INCLUDED AND WHERE WE HAVE A DISAGREEMENT. AND THE WAY I UNDERSTAND THE WAY THE MATRIXES HAVE BEEN PUT TOGETHER, IT LISTS THINGS THEY'RE ASKING OF FROM THE CITY INTLS THINGS THEY'RE ASKING OF FROM STRATUS.

YES. WE HAVE STAFF CURRENTLY EVALUATING WHICH THINGS WE CAN DO. THERE WAS A COUPLE OF ISSUES THAT HAVE COME UP, SO WE SHOULD HAVE AN ANSWER BY THIRD READING. WE'LL BE CONTACTING STEPHANIE AND THE NEW VILLAGE TO SEE IF WE CAN WORK SOMETHING OUT.

Wynn: PERHAPS IT WOULD BE HELPFUL TO CONTACT THEM THREE OR FOUR DAYS BEFORE THIRD READING AND LET THEM EITHER ACCEPT OR NOT THE DIFFICULTIES AND --

LET ME REPHRASE THAT. WE WILL EVALUATE WHAT WE CAN DO BASED ON THOSE REQUESTS AND OFFER THAT TO HIM AND SEE WHAT THEIR RESPONSE IS, BUT WE THINK WE CAN WORK THROUGH THE MAJORITY OF THOSE ITEMS.

FUTRELL: I WE INTEND TO HAVE THOSE DISCUSSIONS EARLY NEXT WEEK.

WE ALREADY HAVE STAFF EVALUATING THOSE REQUESTS SINCE WE RECEIVED IT A DAY AGO.

Wynn: THANK YOU.

Mayor Garcia: OKAY. FURTHER AMENDMENTS? COUNCILMEMBER THOMAS?

Thomas: NOT AN AMENDMENT, BECAUSE I'VE HEARD TESTIMONY FOR A GOOD WHILE, BUT I'M CONCERNED ABOUT SOME OF THE TRACTS THAT ARE CLOSE TO THE PIPELINE AND IF YOU COULD BRIEF ME A LITTLE BIT MORE ABOUT THOSE TRACTS AROUND THE PIPELINE AND ALSO DO WE NEED TO GO WITH SOME OF THE INFORMATION THAT MR. BLIZZARD BROUGHT. IF I CAN GET STAFF TO -- BEFORE WE COME BACK FOR THE THIRD READING.

OKAY.

Mayor Garcia: IF YOU CAN LOOK AT THE TAPE ON THE ISSUES THAT WERE BROUGHT UP BY MR. LIZARD AND ALSO LOOK AT THE ISSUES WITH REGARD TO THE PIPELINE, I RECEIVED AN E-MAIL FROM ONE OF THE GUYS WHO REPRESENTS ONE OF THE PIPELINES WHO SAYS THAT THE SHELL PIPELINE THAT WAS GOING TO TRANSPORT REFINED GASOLINE IS NOT GOING TO DO THAT, SO WE HAVE TO GO BACK AND LOOK AND SEE WHAT THE PROJECT -- WHAT THE PROPOSED USE FOR SOME OF THOSE PIPELINES ARE AND WHAT SAFETY ASPECTS NEED TO BE LOOKED AT, LIKE COUNCILMEMBER THOMAS INDICATED.

FUTRELL: ALTHOUGH, THAT IS REALLY GOOD NEWS BECAUSE FOR A PERIOD OF TIME WE WERE THINKING THAT WAS WHAT WAS GOING TO HAPPEN WITH THE SHELL LINE. AND IF INDEED THEY SOLD IT TO SOMEONE FOR CRUDE OIL, IT'S A BETTER POSITION.

WE'LL GET THAT BACK FOR COUNCILMEMBER THOMAS BEFORE THIRD READING.

Mayor Garcia: OKAY. MAYOR PRO TEM, YOU HAVE THE MIC CLOSE TO YOU.

Goodman: YES. THIS IS PROBABLY ALSO THE TIME TO SAY WHEN THIS COMES BACK WHAT WE WOULD LIKE IN THE WAY OF INFORMATION, IF I'M APPROPRIATE IN USING THIS TIME? THERE WERE SEVERAL THINGS THAT HAVE COME UP A LONG WAY, FOR INSTANCE, MS. MCCLINTOCK MENTIONED THE LIST OF SCIENTISTS WHO WROTE THE LETTER AND SHE WOULD MEET WITH THEM IN BETWEEN. I THINK A REPORT ON WHAT KIND OF THINGS THEY SAY AFTER THEY HAVE FULL INFORMATION WOULD BE VERY HELPFUL. AND THERE'S ALSO BECKY MORRIS, WHO DOESN'T COME HERE TO SPEAK AS A CONSERVATION DISTRICT EMPLOYEE, SHE COMES AS A RESIDENT OF A NEIGHBORHOOD, BUT SHE KEEPS MENTIONING THE ENVIRONMENTAL FEATURES. AND YOU ALL AS SCIENTISTS ALONG WITH THE AQUIFER DISTRICT STAFF HAVE THEN COME BACK AND SHOWN THE TERRAIN AND THE FLOW, AND YET SHE CONTINUES TO LEAD OFF AND SHOW US WHERE THOSE ENVIRONMENTAL FEATURES ARE. SO I THINK WE ALSO NEED TO GET WITH THE DISTRICT SCIENTISTS AS WELL AND FIND OUT IF THAT IMPLIES THAT WE'RE MISSING SOMETHING AND THAT IN FACT HER BEST GUESS IS THAT THE RUNOFF DOES IMPACT THOSE RECHARGE FEATURES. SO I'D KIND OF LIKE TO HEAR FROM HER, THE DISTRICT OR HOWEVER IS MOST COMFORTABLE THERE, ESPECIALLY SINCE ONE OF THE AMENDMENTS IN THE END WILL BE THAT THEY ARE THE THIRD PARTY ENFORCER OF BEST MANAGEMENT PRACTICES AND WATER QUALITY PROTECTION ENVIRONMENTAL FEATURE PROTECTION. AND THE THIRD THING ALSO HAS TO DO WITH SCIENCE BECAUSE A WHOLE LOT OF PEOPLE WENT INTO THIS AND STUCK WITH IT BASED ON THE TRUST AND RELIANCE OF NOT ONLY OUR FOLKS AT THE CITY, BUT ALSO DR. LAUREN ROSS. AND I KNOW THAT THE WILDFLOWER CENTER CONTRACTED WITH HER OR HAD HER ON BOARD AND RELIED HEAVILY SINCE DR. ROSS IS THE ENGINEER WHO WROTE THE TECHNICAL PART OF THE S.O.S. ORDINANCE. AND SO ALL ALONG THE WAY WHEN YOU'RE BEING REASSURED THAT THIS PLAN BY ALL PARTIES INVOLVED, ALL SCIENTIFIC EVIDENCE INVOLVED, INCLUDING DR. ROSS, HAS TOLD YOU THAT YOU SHOULD CONTINUE TO GO FORWARD WITH THIS BECAUSE THE DEGRADATION IS LESS AND THE PROTECTION IS MORE THAN S.O.S. AND THEN YOU COME TO A HEARING AND ALL OF A SUDDEN YOUR LEGS ARE CUT OUT FROM UNDER YOU IN THAT SENSE, I THINK THAT'S A SIGNIFICANT BLIND SIDE THAT WE NEED TO CHECK INTO. I TRUST NANCY AND BOTH -- [ APPLAUSE ] AND PATRICK, BUT DR. ROSS WAS ALSO ONE OF THOSE. AND SO ALONG WITH THE SCIENTIFIC COMMENTS FROM THE OTHERS WHO HAVE WRITTEN TO US, I GUESS THAT WE WOULD LIKE TO HEAR WHAT THAT WAS ALL ABOUT.

WE CAN PROVIDE THAT INFORMATION AND WE'LL MEET WITH THE APPROPRIATE PEOPLE THAT YOU LISTED. AND WE HAVE A LOT OF INFORMATION I THINK ALREADY, SO WE'LL GET YOU THAT.

Mayor Garcia: AND THE INFORMATION, COUNCILMEMBER SLUSHER, THAT YOU SENT WITH REGARD TO SOME OF THE THINGS THAT YOU WANTED TO CONSIDER THE ACQUISITION, BUT WORK THAT INTO THE PLAN ALREADY?

Slusher: I CAN TALK ABOUT IT A LITTLE BIT. IT'S STILL NOT COMPLETE. THE WAY THAT WOULD WORK WOULD BE A 25-CENT PER 100-DOLLAR ASSESSMENT ON OFFICE DEVELOPMENTS ON THE BUILDING, NOT THE LAND. IT WOULD BE COLLECTED BY THE PROPERTY OWNERS ASSOCIATION BY THE ASSESSMENT LIEN. THE OLD ASSESSMENT WILL BE REMITTED BY THE ASSOCIATION IN A TRUST. THE TRUST WOULD BE FIVE TRUSTEES APPOINTED AS FOLLOWS. TWO BY THE CITY, ONE BY THE HILL COUNTRY CONSERVANCY, ONE BY THE BARTON SPRINGS, EDWARD'S AQUIFER CONSERVATION DISTRICT, ONE BY STRATUS OR THE -- ALSO CALLED THE CIRCLE C LAND CORP. ESTIMATED TO BE UP TO -- I'M HAVING A HARD TIME READING THE -- OVER 20 YEARS, ABOUT FIVE MILLION DOLLARS. BUT THERE'S STILL -- THERE'S A FEW DETAILS STILL BEING WORKED OUT IN THE WORDING.

Mayor Garcia: YOU DON'T WANT TO OFFER AN AMENDMENT AT THIS TIME? SLUSH SUSH WHAT I DID WAS LAST TIME I PUT IT ON AS AN AMENDMENT FOR STAFF TO DO WHAT THEY'RE DOING.

Mayor Garcia: ALL RIGHT. ANY OTHER AMENDMENTS OR ANY OTHER DISCUSSION ON THIS ITEM?

Alvarez: MAYOR, IT SEEMS LIKE WE'RE GETTING CLOSE TO A VOTE HERE, BUT I'VE CONTINUED TO ASK SOME QUESTIONS ABOUT IN PARTICULAR THE LAND USE AND THE DEVELOPMENT AND TRAFFIC QUESTIONS THAT I STILL THINK -- I THINK IT'S SOME INFORMATION THAT WE NEED TO HAVE BEFORE WE REALLY CAN JUDGE WHAT THIS DEVELOPMENT IS GOING TO DO TO WATER QUALITY AND BARTON SPRINGS, SO I'M GOING TO MAINTAIN MY NO VOTE ON THIS PARTICULAR VOTE AS WELL. [ CHEERS AND APPLAUSE ].

Mayor Garcia: OKAY. ARE THERE -- ANYBODY WANT TO MAKE ANY COMMENT BEFORE WE TAKE A VOTE? COUNCILMEMBER SLUSHER?

Slusher: I'LL LET YOU GO FIRST, MAYOR.

Mayor Garcia: OKAY. WELL, I THINK THAT WHAT WE HAVE DONE HERE HAS BEEN SOMETHING THAT, HAVING LOOKED AT OTHER AGREEMENTS THAT WE'VE CONSIDERED IN THE PAST, THIS HAS BEEN THE MOST COMPREHENSIVE BECAUSE IT HAS INVOLVED THE COMMUNITY AND THE STAKEHOLDERS. I KNOW THAT SOME OF THE STAKEHOLDERS CAME INTO THE PROCESS AND LEFT BECAUSE THEY DIDN'T GET WHAT THEY WANTED. I KNOW THAT THE PROCESS WAS PROBABLY NOT PERFECT. THERE'S NOTHING REALLY THAT CAN BE CONSIDERED PERFECT. BUT IT WAS A GOOD PROCESS AND THE RIGHTS OF INDIVIDUALS WERE RESPECTED ACROSS THE BOARD. IN THIS DAY AND TIME WHEN WE ARE DEALING WITH TOUGH ENVIRONMENTAL CHALLENGES, WE AS PEOPLE NEED TO COME TOGETHER AND SAY, WE HAVE TO FIND WAYS TO DO THINGS IN THE MANNER IN WHICH WILL PROTECT OUR RESOURCES. I THINK WE'VE DONE THAT AND I THINK THE COUNCIL HAS DONE A GREAT JOB OF LOOKING AT THOSE ISSUES. AND THE DEVELOPER AND THE PEOPLE IN OPPOSITION HAVE ALSO WORKED WELL TO BRING UP THE ISSUES THAT NEED TO BE CONSIDERED. I KNOW THAT AT TIMES THE DISCUSSIONS GOT A LITTLE BIT HOT AND HEAVY. THAT'S FINE. I CAN -- YOU KNOW, I CAN TOLERATE THAT. I CAN ACCEPT THAT. I THINK THAT ONLY -- THAT ONLY SAYS THAT THIS IS AN EMOTIONAL ISSUE, AND WE UNDERSTAND THAT. TO PROTECT THE SPRINGS AND THE AQUIFER WILL REQUIRE MUCH MORE BECAUSE THERE'S A LOT MORE LAND IN THE RECHARGE ZONE THAT WE DON'T CONTROL, BUT WE NEED TO CONTINUE TO WORK -- I GOT A LETTER FROM REPRESENTATIVE RICK GREEN WHO IS STILL TALKING ABOUT US RELEASING ETJ TO BUDA. AND THAT AGREEMENT HAS BEEN VERY CLEAR. MAYOR WATSON EXPLAINED IT TO HIM. WHEN BUDA DECIDES TO PUT IN PLACE AN ORDINANCE THAT THEY CAN ENFORCE THAT IN ESSENCE INCORPORATES THE PROVISIONS OF THE S.O.S., WE WILL RELEASE THAT ETJ. THAT WAS THE AGREEMENT. AND I WILL WRITE A LETTER TO HIM EXPLAINING THAT IN CASE HE'S NOT WATCHING US TONIGHT. BUT I WOULD URGE THE COUNCIL TO VOTE THEIR CONSCIENCE AND TO LOOK AT WAYS FOR US TO CONTINUE WORKING WITH THE PEOPLE THAT LIVE THERE, WITH THE NEIGHBORHOODS, WITH THE STAKEHOLDERS. I SUSPECT THAT THE BEAR LUCK P.U.D. WILL START FIRST, AND I THINK EVERYBODY AGREES THAT THAT'S SOMETHING WE CAN DO. THE OTHER PARCELS MAY TAKE A LITTLE LONGER, SO WE MAY HAVE SOME TIME TO WORK WITH YOU, MR. ARMSTRONG, TO MAKE SURE THAT WHATEVER WE DO THERE IS IN THE BEST INTEREST OF THE SPRINGS AND THE AQUIFER. SO I WANT TO THANK EVERYBODY FOR DOING THE WORK THAT HAS BEEN DONE. I KNOW THAT SOME FOLKS FEEL THAT WE'VE VIOLATED THEIR RIGHTS WHEN IT COMES TO PUBLIC TESTIMONY. WELL, YOU KNOW, WE HAD 13 HOURS OF PUBLIC TESTIMONY THE FIRST TWO MEETINGS, AND WE'VE HAD SOME MORE TONIGHT, AND -- I'M SPEAKING. CAN YOU WAIT? YOU ALREADY HAD YOUR CHANCE TO SPEAK.

[ INAUDIBLE ].

Mayor Garcia: SO I'LL URGE THE COUNCIL TO CONSIDER THIS AGREEMENT AND THE ZONING THAT COMES WITH IT. SO IF ANYBODY ELSE WANTS TO COMMENT OR ADD TO THAT, I'LL BE GLAD TO RECOGNIZE YOU.

Goodman: MAYOR, WE SHOULD JUST REMIND THEM THAT EVERYTHING WE'RE DOING, INCLUDING THE TWO NEW PARCELS TONIGHT, REQUIRES THREE READINGS. AND OBVIOUSLY I THINK BY THE AMENDMENTS THAT WE'VE MADE TONIGHT AND THE LAST TIME, EVEN IF IT IS FINALLY VOTED AND APPROVED BY THE COUNCIL, WHAT EXISTS NOW IS NOT THE FINAL AGREEMENT AND THE PROVISIONS ARE NOT YET THERE. JUST SO PEOPLE KNOW --

Mayor Garcia: TONIGHT IS SECOND READING. WE DON'T HAVE A MEETING NEXT WEEK, SO IT WILL BE AUGUST THE 1ST BEFORE WE TAKE UP THIRD READING. FURTHER COMMENTS? IS THE COUNCIL READY TO VOTE? ALL IN FAVOR.

AYE.

Mayor Garcia: OPPOSED NO.

Alvarez: NO.

Mayor Garcia: MOTION CARRIES ON A VOTE OF SIX TO ONE WITH COUNCILMEMBER ALVAREZ VOTING NO. CHAP CLAP. [ APPLAUSE ]

Mayor Garcia: I'LL ENTERTAIN A MOTION ON ITEMS Z-4 AND Z-5. AND THOSE TWO CAN BE CONSIDERED -- THEY'RE POSTED FOR FIRST AND SECOND READING, BUT THE COUNCIL CAN EITHER DO FIRST OR FIRST AND SECOND, WHICHEVER YOUR CHOICE IS.

Wynn: MAYOR, I MOVE APPROVAL OF FIRST AND SECOND READING TO STACK UP WITH THE REST OF THE ZONING CASES.

Mayor Garcia: MOTION BY COUNCILMEMBER WYNN TO DO FIRST AND SECOND READING ON ITEMS 4 AND 5, Z-4 AND Z-5. IS THERE A SECOND? SECONDED BY COUNCILMEMBER DUNKERLEY. DISCUSSION? IF NOT, ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

Mayor Garcia: OPPOSED NO. MOTION CARRIES ON A VOTE OF SIX TO ONE WITH COUNCILMEMBER ALVAREZ VOTING AGAINST. THAT MEANS THAT ON AUGUST THE 1ST, ALL OF THE ZONING AND THE AGREEMENTS WILL BE UP FOR THE COUNCIL FOR THIRD READING. IS THERE ANY OTHER ITEMS, CITY MANAGER, CITY ATTORNEY, THAT NEEDS TO COME BEFORE THIS MEETING, OTHER THAN A MOTION TO POSTPONE ITEMS 23, 26 AND 27? OKAY. I'LL ENTERTAIN A MOTION TO POSTPONE ITEMS 23, 26 AND 27 UNTIL AUGUST THE 1ST BECAUSE THOSE ARE RESOLUTIONS AND DON'T NEED THREE READINGS. MOTION BY COUNCILMEMBER THOMAS. SECONDED BY COUNCILMEMBER WYNN. DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

Mayor Garcia: OPPOSED NO? MOTION CARRIES ON A VOTE OF SEVEN TO ZERO. THAT'S ALL THE ITEMS WE HAVE BEFORE THE -- ON THE AGENDA TONIGHT. AND I'LL ENTERTAIN A MOTION TO ADJOURN. MOTION BY COUNCILMEMBERS TO ADJOURN, SECONDED BY COUNCILMEMBER WYNN. ALL IN FAVOR, SIGNIFY BY SAYING AYE: WE'RE ADJOURNED. 12:35 A.M.

End of Council Session Closed Caption Log