[no audio]
[audio problems]
[no audio]


[audio problems, please
stand by]
the following items are
pulled off the consent

 6 pulled for a
brief presentation by the
law department.

Item 7 will be pulled to be
heard -- at the same time as
 56, which would be
after 4:00 p.m.

Item 13, is pulled by
councilmember spelman.

Item 19 is pulled for
[indiscernible] bylaw.

And 39 is pulled by
councilmember martinez.

The following items were
pulled off the consent
agenda due to the number of
speakers signed up.

Those are items 2 and items
27 and 28, to be heard

That's already pulled to be
and those are all of the
items that I have pulled.

Any additional items to be
pulled by councilmembers?

[Audio problems]

>> Mayor Leffingwell:
Hearing none, we have two
speakers signed up to speak
on the consent agenda.

They will be allowed three
minutes each.

The first speaker is

>> [indiscernible]
[audio problems, please
stand by]

>> you have three minutes

[Audio problems, please


stand by]
I think you are signed up on
10 and 13.

>> Annexing some property
here in southern travis

I-35 south and i-35, it's
only 114 acres, which may
not sound like a lot, near
slaughter lane, but I see a
bad trend here in the city
of annexing territory
outside, becoming this big

So you know the original
city of austin when it was
laid out, the original plat
by edwin waller, who was
actually the first mayor of
austin, actually
edwin waller laid it out.

[Indiscernible] east avenue,
later becoming i-35, cesar
chavez, first street, then
up to what is today one

It's a bad trend.

This causes taxpayers
[indiscernible] this causes
taxpayers to foot the bill
for increased utilities.

As well as just more

So we don't need this

And I may have been signed
up also on [indiscernible]
consent, but [indiscernible]
3 minutes on however many
items really limits me

So I just instruct you as my
representative and every one
of you to vote no on item

Thank you very much.

>> Mayor Leffingwell:
Second speaker to speak on
the consent agenda is
michael whalen.

[Audio not transmitting]


>> [indiscernible] zero
waste -- [indiscernible]

>> I believe, I can't speak
for staff, but staff does
agree specifically to
restrict the [indiscernible]
to provide services to
property not currently
served by the austi
resource recovery.

>> Cole: That's the
language in the backup?

>> I believe that is the
language in the rca but the
purchase would be tied with
that language which is what
staff, I believe has
occurred to.

>> Cole: [Indiscernible]

>> Mayor Leffingwell: He's

>> Bob getter, austin
resource recovery.

>> Cole: Can you speak to
the language that is in the
backup, the direct

>> Yes, we have an extended
conversation awac, in the
october swac meeting.


>> Bob is already here.

 whalen suggested that
there were good reasons for
suggesting that the private
sector could reduce the
carbon footprint and reduce
the costs of picking up
brush, relative to the
city's doing it because we
are paying a lot more money
for this equipment than the
private sector would have
had to have done.

I wonder if you could
address that.

>> Yeah, the actual intent
of switching over in
equipment achieves those

Our annual savings in
switching over, it's a
system, it's a series of
boxes and trucks.

I look at a system cost for
the -- this is a residential
service for brush

And annual savings is
projected to be $380,000.

We will save 115,000 miles

And the rotation of our
trucks out on the roads with
this new system.

And that's a 33% savings in
carbon footprint based on
this particular system that
we're proposing.

So I feel I'm addressing
those issues with this

>> Will the trucks that you
are talking about here be 75
feet long?

>> The trucks, the lineup of
the existing truck is a
crane and three
tractor-trailers back to
back on a residential road
that lines up to 175 feet.

We're trying to reduce that.

We will be significantly

If we use the box trailers
and boxes on the same street
back to back, it's 120 feet
instead of 175 feet.

Still lengthy, still a
little bit of space.

There was mention of the --
of the braces that's the
street braces for the crane.

The existing system uses
those braces.

So that's not a change.

We're simply trying to be


more nimble with a different
type of equipment that will
generate a carbon footprint

 whalen suggested that
our cost by buying that
equipment through the buy
board was going to be 50%
higher than his costs if his
client bought it on the open

I wonder if you could
address that.

>> We specified instead
of -- the market boxes that
are out there available to
private haulers, we
specified stronger rims on
the boxes, we specified a
larger wheel base and a
rubber base on the edges for
the purpose of not tearing
up the streets.

You will note that in a
rolloff situation in a
parking lot like a grocery
store or a large retail
store, the rolloff boxes
tear up the asphalt.

We are trying to prevent
that so this is a special

>> Spelman: A special
order comparing apples to
mangos if we try to follow
your numbers --

>> again, you have no
concerns about the swac

>> No, sir.

>> Spelman: Thank you,

>> Mayor Leffingwell:
Okay, that's all of the
speakers that we have signed
up on the consent agenda.

And with the confirmation
make items 23 and 25 will
remain on concept, but with
the swac language, I will
entertain a motion to
approve the consent agenda.

>> So move.

>> Mayor pro tem so moves.

Second by councilmember

>> Mayor?

>> Mayor Leffingwell:
Mayor pro tem?

>> Cole: [Indiscernible]

>> Mayor Leffingwell:
That's been changed.

All in favor say aye.

>> Aye.

>> Opposed say no?

Passes on a vote of 7-0.

Go to item 6.

Pulled for a presentation by
the law department.


Good morning, mayor, mayor
pro tem and councilmembers,
my name is lynn carter with
the city attorney's office,
I am recommending settlement
in the amount of $250,000 to
resolve jasmin ramirez's
property damage claim and
her personal injury claims
in regard to an automobile
accident that occurred on
MAY 9th, 2012, WITH A CITY
Of austin vehicle.

We discussed this
recommendation in executive
session on october 18th of
this year.

And the settlement agreement
will require that there be a
payment of a total of
$250,000, are which will
deduct the amount of the
property damage that has
already been paid, so the
total amount will be the
250,000, which the city --
is the maximum amount that
the city would be liable for
under the tort claims act.

In exchange for these
payments, the city would
receive a release of

So with that understanding,
the law department
recommends settlement in the
amount of $250,000.

For resolution of this

Any questions?

>> Mayor Leffingwell:

I will entertain a motion on
item no. 6.

Councilmember spelman moves

Seconded by councilmember


All in favor say aye.

>> Aye.

>> Opposed say no.

Passes on a vote of 7-0.

Take up one more short item
before we go to our

 19 is also -- also
a law department briefing.

Good morning, mayor,
council, jacquelyn kellam on
behalf of the city
attorney's office.

This particular item has
been pulled for the council
to select a bidder who is
not the lowest bidder, but
comes with the statutorially
authorized amount for you to


select one other than the
lowest bidder, that being a
local company.

>> Mayor Leffingwell:
Councilmember martinez?

>> Martinez: Thanks,

Yes, I'm going to move that
we authorize the award and
execution of agreement with
kbs electrical
, based
on the fact that the local
bidder, which is kbs, offers
the city the best
combination of contract and
price and in addition to
economic development
opportunities for the city,
created by the contract
award, including the
employment of residents of
the city and increased tax

I believe the difference in
price was about $3,000 and
since it's a local company,
I think we should take
advantage of the
opportunities that the
legislature gave us.

>> Mayor Leffingwell:
Motion by councilmember
martinez to approve the
second highest bidder --
second lowest bidder for the

Seconded by councilmember

Is there any discussion?

>> Spelman: One last

The difference in price is
$268, which is basically a

>> Mayor Leffingwell: I
feel a lot better now.

All right.


>> Martinez: Actually,
mayor --

>> Mayor Leffingwell:
Councilmember martinez.

>> Martinez: That is true
from second to third.

This is actually the third
place bidder.

So from third to first, it's
109,000 compared to 106,981,
is that correct, jacquelyn?

>> Mayor Leffingwell: So
we have to correct the way i
stated the motion then.

It is the third place --

>> Martinez: It is the
third place.

>> Mayor Leffingwell:
Third lowest bidder.

And is that all right with
you, councilmember spelman?

Your second still stands?

>> Spelman:

>> Mayor Leffingwell: Did
you have a comment on that?

>> Yes, mayor, just to be
clear, the difference in the
amount of the bid is $2,732.

And that was the third
lowest bidder, that's

>> Mayor Leffingwell:



>> $732.

>> Mayor Leffingwell: 732,
the difference between the
motion, the company named in
the motion and the actual
lowest bidder.

>> That's correct.

>> Mayor Leffingwell:

So we've got the official
numbers now.

All right.

All in favor say aye.

>> Aye.

>> Opposed say no.

Passes on a vote of 7-0.

With that, council, we will
go to our morning briefings.

I believe the first one is a
briefing on the land
development code, unless
there's a preference to
change that order.


>> Good morning, mayor and
council, [indiscernible]
assistant director of
planning, development and

This briefing is a
discussion we hope with you
regarding a process to look
at revising austin's land
development code.

This is a funded project
with the 2012-'13 budget
that you approved.

This project came out of the
imagine austin comprehensive
planning process, but it's
headed towards george adams'
division, so we're jointly
going to do this

So our presentation, mayor
and council are structured
around these questions, why
does the code need a
revision, what's a good time
to do it?

What should be on the table
initially to undertake this
project and what strategy do
we use to focus on the
really important things that
need to be changed?

Who should lead this

And how do we keep the
public informed and engaged.

How will we approach this


project and finally how long
might it take?

So why?

Why undertake this
complicated and difficult
project at this time?

You just approved a new
comprehensive plan and it
provides direction that can
be used to consider
revisions to the land
development code.

It also-- the land
development code is an
important implementing tool
for a comprehensive plan.

Our consultant team and our
staff recently completed the
best practices survey of big
cities that had adopted
comprehensive plan.

And out of that best
practices survey, we find
that successful
implementation of
comprehensive plans involved
at least five -- five

You talked about a number of
these at your februar

Continuous public
engagement, looking at
regulatory reform, making
sure our regulations support
the goals of the plan.

Using the plan to guide
capital investments.

Internal alignment.

Very important.

Making sure all of the
departments understand the
plan and are using it to
guide their decisions.

And finally, partnerships.

There's a whole range of
partnerships that are needed
in order to effectively
implement a comprehensive
plan that is as broad as
imagine austin.

I want to stress that --
that this isn't a linear

This is simply a chart that
is trying to illustrate how
we gain momentum to
implement the plan.

In other words, we don't
notdo any of these five item.

We do all five at once.

So with that, I would like
to turn it over to george to
talk about the code itself.


>> Thank you.

Good morning,

George adams, planning and
development review

I know a significant portion
of your council agendas are
devoted to zoning and land
development-related issues.

So you are very familiar
with -- with the complexity
of our code.

Its strengths and

But we thought it was
worthwhile to -- to
highlight a few of the
indicators that point us to
the need to revise our code.

So for example the last
comprehensive zoning code
revision that we did was in

Which is now about 28 years

It was at a time when the
population of austin was
less than half of what it is

Since 2005 we've had over
180 proposed code amendments
move to one stage or another
of adoption.

Which really points to -- to
a lot of -- of issues with
our code.

We have multiple overlay
districts that can apply to
any single property, this
can make it very difficult
to kind of unwind the
requirements for developing
on that property.

It's more the norm than the
exception to have a -- have
a somewhat customized zoning
applied to individual
properties, which also
complicates the process

We also have multiple
duplicative and conflicting
requirements within the

Once again just makes it
very challenging to sort
through what the specific
requirements are.

In any particular case.

We have over 60 zoning
districts within the code.

Many of which are rarely
used, so a lot of those are
a legacy from -- from many


years ago.

It's -- it also kind of --
kind of is -- is a way of
perhaps slicing the pie much
thinner than we need to in
addressing land use issues.

It's not initial to have
some difficult -- it's not
unusual to have some
difficulty finding a staff
person who can in a timely
manner come to a quick
resolution on a question
about the code.

Once again, that relates
back to the complexity of
our code.

All that greatly convolutes
the permitting process, both
for the folks trying to
obtain permits through the
process but also for those
on the outside who are
trying to understand the
process and participate in
it from another perspective.

It's not unusual for us to
use boa variances as kind of
an item of or a -- a last
resort to allow good
projects to move forward
when -- when there's -- when
our code doesn't permit

And then finally, and
perhaps most importantly,
our code isn't user

It's -- it's very difficult
to understand.

It's difficult to interpret
and it's difficult to

The good news is that we --
with the adoption of imagine
austin, we have guidance for
this process.

The comprehensive plan
provides both context and
direction for the code

This begins with the vision
statement and its focus on
livability, sustainability,
and complete communities.

There are over 70 policies
and actions within the plan
that -- that speak directly
to the code revision and
provide a lot of guidance in
how we move forward on it.

Then finally, most
specifically, we have
priority program 8 which
recommends revising austin's


development regulations and
processes to promote a
compact and connected city
and further it provides some
of the goals for that
process, so we want to -- we
want to create complete
neighborhoods and expand
housing choices.

We want to ensure
neighborhood protection of
neighborhood character.

We want to promote household
availability and
environmental protection.

We want to make sure that
we're providing efficient
services and then finally we
want to create a code that
provides clear guidance in a
user friendly format.

So what should be considered
for revision as we move
forward in this process?

As a starting point, we want
to take a holistic look at
all of our development
regulations and processes to
identify what works, what
doesn't work, and what needs
further study.

Once we have that analysis,
we and the council can make
an informed decision about
what should move forward in
the revision process.

And garner is going to talk
in more detail about that
specific element in a few

We've also had questions as
to the type of code we
anticipate coming out of
this process.

First it's kind of worth
noting kind of the major
types of codes that are out
there, we have euclidean or
conventional codes, which is
really focused, you know, on
the standard separating of
uses into separate

We have performance based
codes, which rely on
criteria or some sort of
metrics to measure
performance with the code.

We have form-based codes,
which are really focused on
the built environment and
what's the product that
we -- that's derived from
the code and then we have
hybrids, which are mixtures
of one or more of these

And that's what austin has



The hybrid code.

It's -- it's not necessarily
a consciously developed
hybrid, it's one that has
evolved over the last 28

Circling back to that
original question of what
type of code do we
anticipate, I think the
answer is we don't know at
this point as we get further
in the process, we'll have
better definition of that.

But we know that we're
looking for a code that
is -- that is user friendly,
is easily administered and
one that helps us realize
the vision of im

So the next question, we're
proposing is who will be
leading the process?

The core team includes the
city council, and the
planning commission, a
steering committee, staff
team and consultant team and
I'll talk in more detail
about those last three in
just a minute.

But I just want to point out
that in addition to this
core team, we'll have a -- a
broad based, iterative
public end imagement process
aimed at key stakeholders
and the general public that
will provide multiple
opportunities throughout the
process for them to engage,
provide input and
participate in this process.

So regarding the steering
committee, we're proposing
a -- an 11-member committee,
we're proposing that council
would appoint seven of those
members, staff would
identify four, and the
steering committee would
meet regularly and
continuously throughout the
entire process and they
would participate in -- in
all of the steps of the
process that we'll dive into
more detail on in a minute.

Just to note, on -- ideally
the types of -- of steering
committee members that we're
looking for, hopefully
someone that is familiar
with the code understands
how it's structured, how it
works, kind of what the
strengths and the weaknesses


of it are, we're looking for
steering committee members
who can work collaboratively
and kind of reach across the
aisle and then hopefully
steering committee members
who have the trust and
confidence of -- of a
variety of stakeholder

So in terms of the staff
team, we have three new
positions within the
planning and development
review department that were
approved with our fy '13

Those include a division
manager, a senior planner,
and an administrative
assistant and those three
staff members will be
dedicated exclusively to
this project.

We'll also have staff
support from multiple
divisions within pdr and
from other departments on an
ongoing and as-needed basis
throughout the process.

We also have once again as
parted of our recently
approved budget, $2 million
for consultant services and
related expenses.

.. step 2 a.

Which is annotated outline.

When we started looking at
this, I thought that -- i
thought that the diagnosis
and the annotated outline
could proceed together.


There really wasn't a need
to go through the process

Talking to the people that
have done this for a number
of years, they have said you
really can't mix the two
because you need that
opportunity to talk about
what's on the table, the
diagnosis, before you start
organizing the new code.

Until you have a green light
for the diagnosis, meaning
you all telling us what's on
the table, you can't really
organize the code.

So that's when we broke this
into step 2 and 2.

Actually 2 a and b.

After that's complete, the
consultant team would
generate an initial draft of
the code and it would go
through the same process as
the previous steps and then
step 4 would be -- would
be -- the -- the planning
commission holding the
formal public hearings and
making a recommendation and
the council adopting the new

So in summary, austin's
development regulations and
processes need a holistic
view, review.

They -- they've kind of --
they've kind of accumulated
incrementally, and that's
normal for a fast-growing
dynamic city.

I think all fast growing
cities look at issues as
they come up.

I think austin is different
from other fast growing
cities in this regard.

Periodically, there's
absolutely a need to look at
the entire accumulated code
and how well it's working
and how it should be
reorganized to work better.

We think imagine austin
provides an opportunity to
do that.

We think it's important


that -- that the consultant
team be given rich input and
then allowed to do their

Because they are the ones
that do this for a living.

We think absolutely the --
the step-by-step process is

And that the planning
commission and the city
council needs to -- to
endorse the step-by-step

The planning commission
asked us when we got to them
what would success look

So we tried to put some
items together.

We think we need to stay on
time and within budget.

If it bogs down, it probably
won't be that successful.

Absolutely open to all,
provide rich educational
opportunities, engage people
who use the code, focus on
common ground, not make
premature assumptions.

And don't let perfection get
in the way of actually
improving the code.

And then we -- success would
be a clear, predictable,
user friendly code that
implements our community's

So potential benefits, we
would expect future
development would be --
would more reflect the
community's vision.

The permit process would be
fair, clear, predictable and

Property owners would know
what they can do and can't

More people able to easily
meet their daily needs with
shorter trips.

That is the focus of our
comp plan is to encourage
development pattern that
allows shorter trips to meet
the daily needs.

Expanded housing choices and
I guess to sum all of this
up, it's an effort to make
it easier to do the right
thing and harder to do what
we don't like.

So I set at the beginning --
I said at the beginning that


we would talk about a time
line when this might all be

The steering committee, if
the steering committee is
appointed by december, end
of this year, and the
consultant is on board by
april 2013, and the
[indiscernible] one
listening sessions are
finished summer 2013, and
the diagnosis approved by
city council by february
2014, the annotated outline
approved by council on
june -- at least summer of
2014, and then the
preliminary draft approved
march 2015 and we think this
schedule is reasonable.

It can happen.

If there's great -- if
there's a great deal of
consensus that this is what
we want to do, an adoption
draft, could be complete by
september 2015.

Now, let me -- let me add
something to this.

Not knowing what changes,
it's hard to predict how
long the adoption itself
will take.

So with that, george and i
are open for questions.

>> Mayor Leffingwell: Any

Councilmember riley?

>> Riley: Well, first i
 for all
of their work on this.

It's an exciting venture to
launch into.

I know a lot of preparation
has to go into this, i
appreciate all of the
thought and effort that you
have put into it.

I want to ask just a couple
of questions.

First over on slide 14 with
respect to the committee
that we will be putting
together, the committee
will -- is proposed to
consist of 11 members,
council appoint seven
members and staff four

That seems a little unusual
I don't remember a process
in which we had a committee


composed of a combination of
staff appointees and council

Can you just give me some
idea of the thinking behind

>> Part of the thinking was
that there are seven of you
and each one appointment is
an easy number to arrive at.

There are also experts that
bring subject matter
expertise to the process.

Of the that need to be

Whether those are identified
and appointed by council or
staff, I don't know if
that's a big issue.

But that's sort of how we
got to the seven and the --
and the four.

>> Riley: So you are
picturing subject matter
experts within the community
and it -- would it be a
matter of staff taking a
look at who council has put
on the table and then adding
to that with some experts
just to sort of round out
the committee?

>> Yes, absolutely.

>> Riley: Okay.

Then on the best practices
assessment, over on slide
20, I was -- I was pleased
to hear about the -- about
your expectations on -- on
bringing folks here to have
ongoing discussions about
experiences in other cities
and other matters related to
best practices for -- for
understanding how this sort
of thing is done.

Could you just give me some
idea of what else did you

Do you expect that we'll
have more speakers like
chris lineberger coming to
town, experience like in
other cities, what do you
anticipate that we'll be

>> Yes, both.

We have gotten some great
suggestions from -- at the
end of the lineberger event,
we invited the community to
identify additional subject
matters and speakers, we
have gotten some suggestions
and we're busy recruiting
some speakers that are going
to start in january.

But we're calling that the



The best practices were --
has two parts to it.

One is opportunities for
people to really learn about
the present code in-depth.

So we would provide those

And we'll have that
information in writing,

And secondly, we were hoping
to invite some people that
have recently gone through a
similar experience, both --
both either councilmembers,
planning commissioners,
staff, consultants,
community members, steering
committee members, from
other big cities, that have
undertaken a similar effort
and -- we were thinking,
we're open to idea, but we
were thinking about
convening a panel and just
letting the community
interact with them.

And learn about their

>> Uh-huh.

>> Riley: So we could
expect that to go on over
the next year or so?

>> Yes, yes.

>> Riley: Great.

Then lastly I wanted to ask
about the time line for
actual approval and pledges
-- andimplementation of the
proposed code changes.

You have set out the
proposed time line on slide
32 and that goes all the way
through adoption of the
draft code in september

That's preceded by a
preliminary draft code
approval in march 2015.

Of course that's a long way

This is a complicated

Would you anticipate that
there might be some interim
measures that could be
approved sooner than that?

Or do you picture really
doing this all as -- in one
fell swoop in 2015?

>> It's an excellent

I'm not sure we have the
complete answer.

There are a number of
initiatives watershed has
one, we have one larger
initiative that are ongoing
right now.

We are carefully looking at
those efforts to see, to


make sure that they're
coordinated with this
project coming forward.

Whether those efforts need
to be merged with this
broader effort, I think is
very much a question on the
table for planning
commission and y'all when we
come forward.

Whether or not something in
the code after the diagnosis
is identified for an early
win, I think there's a
possibility of that.

Something that is just so
obviously in need of fixing
that doesn't have to wait
two years.

>> In particular I wanted to
focus on one particular
issue that has been a matter
of concern to many in the
community, that relates to
the time that we're taking
for approvals on permitting.

Which is partly a result of
the complexity of the code
and the difficulty of
reviewing applications for

There are many other factors
as well, including staffing.

But to the extents that we
can identify some -- some
potential improvements that
would help us address that
issue, and get permits
approved in a more timely
manner, do you expect that
we may be able to get those
done sooner rather than

>> I'm not so sure.

Most of those fixes are
going to be -- done by an
early code revision or
whether they are done by the
ongoing program of -- which
greg guernsey can address.

With additional staff.

And -- and reorganization of
our processes.

Which is -- which is
intensely being looked at
right now.

>> Riley: I just wants to
emphasize that -- that that
is a real and serious
concern today and I don't
want anyone to get the
impression that we're just
going to --

>> right.

>> Riley: Put off the
solution --

>> oh, no, no, no, good
point, not at all.

>> Riley: There is a real
urgency to addressing issues
related to permitting --

>> right, those don't need


to wait for the code

>> Riley: Right.

Thanks again for all of your
work on this.

>> Cole: [Indiscernible]

>> Martinez: Thank you,
mayor pro tem.

Garner, I wanted to ask, we
got an email from some of
the affordable housing
advocates specifically
asking what would be in the
 as it relates to
rewriting portions of the
land development code and
ensuring that the pros and
cons of affordable housing
are addressed.

More specifically, that
affordable housing can be
achieved through those

The fear, obviously, is that
density doesn't always and
equate to affordable
housing, if we're going to
hire a consultant to help
us, what are their
qualifications, can they
show us clear examples of
what we can do moving
forward and what are you all
contemplating in that regard
as well?

>> Well, the -- we're
working on a draft rfq right
now and that issue has been

As critical in the community
as well as -- as a priority
program in imagine austin.

So -- so it's emphasized
throughout that rfq that we
would be looking at -- at
code revisions with that

>> So we'll be specifically
inserted into the rfq as a
qualification that is
necessary for potential

>> Yes.

It is -- it is listed as an
item that this process needs
to address and we are
looking for expertise in
that area, yes.

>> Martinez: Thank you.

>> Cole: Councilmember

>> Spelman: Thank you,
mayor pro tem.

Garner, you are probably
aware of this, but I wanted
to put on the table so we
are all sitting and thinking
about it, that we have tried
to do this before, the last
time I remember us trying to
do this was in 1999.

 guernsey was
there sitting at the tail
with the assistant city
manager and an art requisite
board with all interest
groups, all stakeholders at
the table.

We actually walked through
the land development code
line by line.

And at the end of the
several month process, we
found we had not changed a
single solitary word of the
land development code.

And the -- the description
for why, that I heard from
the assistant city manager
who was [indiscernible] the
whole process was very
frustrated was behind every
single word in that code
there was a story and
somebody at that meeting
knew the story, as soon as
the story came out, people
shook their heads and said
we're not going to be able
to change that one either.

We went on to the next one
and never changed a thing.

I think it's much better to
have this done by a
consultant who, well, will
not be intimately committed
to the consults of each of
those stories.

The results of each of those
stories, but also a good
idea that you have frequent
check-backs between that
consultants add the public
so that they understand what
the story was in the first

They're going to need to
know this.

The reason that I mentioned
the story was because I was
hartened and dishartened at
the same time, the slide
number of the perfect

You are saying that you want
a consultant who is
courageous and

this led me to have to look
something up on line.

>> Is that an oxymoron?

>> Spelman: Courageous and
straightforward is fine.

There are I'm sure
courageous and
straightforward consultants
out there someplace, they
just don't make very much
money [laughter]
I was looking for a quote
from minister, the older
civil servant is advising
the younger civiller rant as
to how to handle the elected

And the older fella, named
sir humphrey says if you
want to make sure -- give
the minister second thoughts
about the question, tell him
that the decision is

If you want to be really
sure the minister doesn't
accept it, you must say that
the decision is courageous.

The younger fella says,
that's worse than

And sir humphrey says oh,
yes, controversial only
means this will lose your

Courageous means this will
lose you the election.

I think the same thing could
be true here.

We hire a really courageous
consultant, he probably
won't stay our consultant
too long.

When you actually get to the
point of the inevitable
interview, talking to these
fellows, one of the things
we are going to be looking
is tact and diplomacy and a
lot of interest groups often
at odds with one another in
a tactful way.

It's good that they know to
tell us the truth.

Also good to know they tell
us the truth in such a way
that actually are actually
pre disposted to hearing it.

That said I like that you
add the check back, in
different places, 2 a and 2
b strikes me as a really
good idea.

It does seem to me that you
have your head screwed on
straight with the idea that
just because it comes back
to the city council in the
fall of 2015 doesn't mean
that it will necessarily be
adopted in the fall of 2015
because things happen when
you get back to the elected
officials as you have found
in the last few months of
your life.

I'm sure.

I also feel a need to
mention that it is extremely
likely that none of the
people on this dais are
going to be on the city
uncil that ends up
adopting this code on the
fall of 2015 or afterwards.

If the charter changes, we
are all going to be term
limited out.

Councilmember tovo will not
be term lated out but she's
got a migraine headache so
she's not here right now.

Those of us that are here
could say great let's hand
this off to the next city

I will be handing this off
to the next city council
with the assumption that
they would be in the same
situation as well and i
would not want to hand this
off in any other way to

I think we're doing the
right thing for the next
generation of city council

>> Councilmembers, the 99
was more of a recodification
of what we already had.

It wasn't really looking at
new code or possibly
changing a lot of the code i
think at that time.

That was really, I think,
looking back, a possibility
of doing that, but I think
it was more of a

I also want to mention for
councilmember riley, we are
looking at those issues of
repermitting now.

I have already organized a
portion of our residential
review selection.

We are adding the staff that
you were kind enough to
grant me earlier in this
year and I'm still using
overtime and temporary
employees to try to catch up
and bring us back.

So we are meeting those
deadlines that are stated in
the code.

>> Spelman: We have to
have a longer conversation
about that at some point,


>> Cole: Councilmember
morrison, a courageous

>> Morrison: Are you
talking about my prospects
for reelection?


>> Cole: No, your
integrity and familiarity
with this issue.

>> Morrison: Thank you,
mayor pro tem, I appreciate

We did have a conversation
with this, at the same time
we had talked about how we
didn't want to just do a
code diagnosis and then send
the consultant back and come
back with a draft.

I gather what you have added
here, tell me if this is a

After the code diagnosis,
before we move on, we'll
start looking at

We'll have a discussion
about alternatives and then
again during the code
rewrite, could you just
review that a little bit?

>> Yes.

Actually, we're proposing

We're proposing that -- that
the steering committee
engage with the consultant
team to -- [indiscernible]
approaches to the
controversial issues that
are coming out of the
listening session.

Before they do the code

And then we're also talking
about that -- that that
conversation continuing
after the diagnosis.

>> Morrison: Great, i
appreciate that.

Because I think that that's
going to help the
productivity once it gets
back to council because we
will already have hashed
through, we will have had at
least some discussion about

I do want to follow-up on
councilmember spelman's
point about actually walking
through the code line by

I don't want to go to the
part about not having made
any progress there.

But I believe we had a
conversation, one of the --
one of the things that i
understand the consultant or
staff is going to help with,
there will be concern about
how do we know that we're
not just dropping certain
things out.

I understand that there's
going to be some kind of
tracking mechanism so that
we can actually see where
certain concepts that are in
the code end up or not.

In the new code.

Is that correct?

>> Yes.

>> Consultant's job or --

>> it's critical for the --
[sound cutting out]
tradeoffs need to be made.

I'm not saying that the
community will choose to
keep every single item, or

>> Morrison: Correct.

>> But there needs to be a
tracking so that people can
see what happened to it.

>> I think that's going to
help quite a bit.

Then I -- -- I believe there
was some discussion at the
commission levels and
perhaps some other input --
about the idea of having the
steering committee seated

So that the steering
committee could have some
 and i
believe that that was a lot
of that -- a lot of that
discussion came as a lesson
learned from -- from the
comprehensive plan process
that we just went through in
terms of the task force
being seated after we had
the r.f.p.

Could you enter he to that a
little bit?

Because that's not exactly
what's going on there?

>> Yes, councilmember.

We did hear that at the
planning commission.

I think that we also
discussed it as the cpt

But the -- but the points
that we tried to make there
were -- were that the
four-step process that
garner just walked through
is -- is essentially what we
just presented as a broad
outline of the rfq and so
it's true that the steering
committee wouldn't come on
until after we issued the

But they are involved in all
of those steps and the
definition of those steps.

In step 1, they are involved
intimately in the diagnosis
and outline process and then
drafting of the code, so we
feel like the details of
those steps are not -- are
not the details in the
rfq, we have the
opportunities to involve the
steering committee in that
in a very meaningful way.

>> Morrison: That's good.

I hope that we can have a
little more that -- that
are -- that our consultant
selection process, maybe
we've got some lessons
learned that we can be a
little more efficient than
with the comprehensive plan.

And I think one of the
things really is -- really
is -- related to what
councilmember martinez was
talking about.

And that is are we going to
be asking explicitly for
tell us your experience in
developing code that
promotes affordable housing.

So that we've got specifics
and I -- so that's one

But I would also like to say
that we have several goals
and vision, visions and
priority programs, in the
comprehensive plan, like a
healthy austin and
environmentally sensitive,
so I think that -- that in
terms of efficiency, you
know, because we did a
second round of questions to
the consultant.

Consultant applicants last

I wonder if it would be
possible just to make sure
that we serve through the
vision statements that we
have and programs and
specifically ask them if
here you have a code that
relates to the does is that
we have.

That's -- we have -- I spoke
with someone with the
creative alliance, they want
to be part of this

So I think it really touches
all of the building blocks
and codes.

So if we do that I think it
will be a lot more efficient
because I bet people are
going to be asking that.

>> I think what we can do is
send a summary forward, the
rfq itself is confidential.

Until it's released.

But we certainly address all
of those issues in our

So far in our draft.

I think that's well known
because those are the issues
in imagine austin.

Those are the priority

I also -- affordability,
creative economy.

So, yes, it -- they, it's
not only in the rfq, but
it's -- but it's stated --

>> Martinez: The
foundation of our --

>> Morrison: The
foundation of our going
forward here.

As long as we get explicit
responses I think that it's
going to be real helpful and
then just lastly, one of the
reasons that you mentioned
george that we are doing
this is because of the
multiple overlays that we
have, all of that, when you
were mentioning the cs 1
muvconp, zoning that we
might have, I was wondering
if we might have a contest
to see who can find the
piece of property that has
the most letters on its

I bet greg guernsey would do

Might -- nitrogen
rate a lot of enthusiasm for
this project.

>> Morrison: Exactly.

Might be the foundation of
our research.

As you can tell this is
going to be a lot of fun

>> Cole: We had this
presentation in a
comprehensive planning and
transportation, so pleased
to have it again to see you
tighten up a lot of the
items that we had comments

The staff wanting to appoint
four subject matter experts,
I think that's a very good

I wasn't sure at what stage
in the process that you were
going to make those evident
to council.

I'm not sure, the idea was
that council would appoint
their appointments then we
would have a privity who
might be missing.

>> Okay.

I think councilmember riley
asked that.


Thank you.

Any other comments or


We'll have the next briefing
on the riverside corridor.

Thank you.

>> Good morning,
councilmembers, my name is
erica leak, with the
planning development and
review department.

This morning I'm going to
provide you with a hopefully
relatively short briefing on
the east riverside corridor
regulating plan that will be
coming to city council next
week for potential adoption.

And giving you the
background on the process.

Through which we arrived at
the regulating plan and some
of the details of the
regulating plan itself.

So -- so today I'll talk
about the east riverside
corridor context, why we
feel like we needed a plan
for the area in the first

What's included in the
master plan vision that
council adopted in 2010 and
is the basis for the
regulating plan.

And then going to the
regulating plan details and
adoption process.

So I'm sure most of you are
aware, the east riverside
corridor is a gateway to
austin between downtown and
the airport.

It's an area that's actually
fairly similar in size to
downtown austin.

So -- so it's a pretty large

So east of 35 and south the
lady bird lake.

It is identified as an
activity in the
comprehensive plan.

And the regulating plan will
be one step to helping to
implement the comprehensive
plan in creating a more
complete community in that

Potential urban rail
corridor, that's also been
obviously a part of the

Zooming in in a bit more
detail, it overlaps with two
neighborhood planning areas.

The east riverside oltorf
combine neighborhood
planning area and the
montopolis neighborhood
planning area and it does
have great parkland to the
north of the corridor, with
roy guerrero park and along
lady bird lake, but you will
notice that within the
corridor itself, there's --
there's basically no small
scale parkland.

So just to get into a little
bit of the background of why
council directed staff to
begin a master plan process
for the area in the first
place, one of the reasons is
that the corridor was -- was
basically designed for cars.

[One moment please for
change in captioners]
.. the type of
environment that really
encourages pedestrian access
in the city.

The other main reason
council directed staff was
that change was on the way

And I want to be really
clear on this point.

Displacement was starting to
occur in the area before the
planning process even

And it will continue if this
plan were stopped.

And so I'll talk about what
things the plan can do to
help mitigate displacement,
but I just want to be really
clear that if we do nothing
the trend will continue.

It won't just stop.

So in terms of the master
planning process itself, we
had a very active community
planning process in 2008 and
2009 and then as I mentioned
council adopted the master
plan as revision for the
area in 2010.

These are some of the public
input opportunities that
took place during the master
planning process.

So out of that process we
arrived at the community's
vision for the area and some
of the things that came out
of that process were really
pretty basic.

Increased pedestrian safety
and comfort.

More transportation options
for people using a whole
variety of different ways of
getting around including
bicycling, walking,
et cetera.

Better and more neighborhood
open space, especially
really internal, the

More housing and housing

Right now in the area there
is generally single-family

Outside of the area and
within the corridor itself
pretty much the only type of
housing that exists there at
present is garden-style
walkup apartments.

So it's a very limited
housing type.

So just to give you an idea
of what the area could look
like in the future, this is
a view of present and a
rendering of what it could
potentially look like in the
future with new development
that meets the regulations
in the regulating plan.

Getting into just a few more
concepts included in the
master plan, one of the
important concepts is that
of the hubs or areas of
concentrated development
that really create
neighborhood centers where a
lot of people can live,
work, you know, find a small
park to sit in during their
lunch hour, et cetera.

And this hub concept is
really important because
research shows that retail
and commercial spaces do
better when they are
concentrated rather than
located along a long linear
path way.

And the other reason the
hubs are important is that
many of the concepts
included in the master plan
vision are really contingent
on having a lot of people
being able to live in close
proximity to one another but
also in close proximity to
retail and commercial
establishments to be able to
support those businesses.

So the big question is how
do we get from here as
riverside is at present to
there where we would like to
see it in the future.

The master plan actually
includes a number of
implementation strategies to
help move the vision along.

One of those is setting the
rules for new developments.

And those rules are going to
be in the form of what's
called a regulating plan,
which is basically a
combination zoning and
design tool.

It is tailored to meet that
vision that the community
created and it integrates
both design and -- and use.

It also includes a
development bonus tool to
help insure that some of the
needs of the community can
be met in exchange for
additional building

So you may have seen a
graphic, something like this
in the past.

It's -- it's an illustration
of the differences between
conventional zoning and
designer form based
regulations and I believe
george mentioned that
earlier, there are different
types of code and the east
riverside code is heading
into the design based

As I go through the details
of the regulating plan, I'll
be talking about three
general areas.

Those are design and land
use, the public realm, and
the development bonus

In terms of design and land
use, one of the things that
the regulating plan does is
it tries to create more
clarity in terms of having
people be able to understand
the requirements for a
particular property.

So on the -- what we're
calling the subdistrict map,
each subdistrict is
identified by a different
color and then those colors
are carried through to other
parts of the regulation to
show what a -- what could be
built on a particular piece
of property.

So there are summary pages
that talk about generally
what uses would be allowed,
building heights, their
relationship to streets,
things like that.

There are five different

The more intense ones are
located near riverside drive
and major intersections and
then -- let me go back a

And then the lighter purple
and lighter blue are
residential only
subdistricts that serve to
transition from the more
commercial areas into nearby
single-family neighborhoods.

This is the land use table
that does go along with the

Again, color coded.

Although we feel like there
is much more opportunity to
have a mix of uses in those
commercial areas, we did
want to be clear about what
is allowed and what isn't.

So that's still included in
the regulating plans.

There are also design based
regulations that help to
create not only a more
people-friendly environment
but also can enable more
eyes on the street to help
increase safety in the

There are particular areas,
and these are generally in
the hubs that I spoke of,
where there are requirements
for ground floor spaces that
could be used commercially
if or when the market is
there to support those.

And so those are in place
again to help really
encourage mixed use
environment so that people
can have all their needs met
in a smaller and, you know,
potentially even walking

We are proposing
compatibility standards that
are specific to the east
riverside corridor.

They are intended to protect
single-family homes and
provide a buffer between
single-family homes and more
intense development while at
the same time ensuring that
we can get enough density
and enough vibrancy in these
hubs to really make them be
the walkable places that
we're hoping to achieve.

So this is what a building
looks like, could
potentially look like using
the proposed east riverside
corridor compatibility

Connectivity is also a huge
issue in the area because
there are many very large
parcels that are not
currently broken up.

So the regulating plan
includes a collector street
plan that will ensure that
as new -- new development
comes in, that they will be
expected to provide public
streets to ensure there is
at least somewhat of a
street grid in the area.

There are also other site
specific requirements to
break up -- to break up
large sites regardless of
whether there's a
recommended collector street
on a parcel or not.

And again focusing a bit
more on the public realm,
one of the things that can
create a more
people-friendly environment
is ensuring that the
relationship between the
buildings and the sidewalk
is one where the building is
designed so that people will
go into it and directly from
the sidewalk rather than
having to walk across a
block of asphalt parking
area to get to the building

So there are requirements
for certain portion of the
buildings to be built up to
the sidewalks and then there
are requirements for
improved sidewalks with
street trees in some of the
locations to make them be
more pleasant places to be.

So you can see some of the
differences between some of
the sidewalks that we have
right now and what we're
hoping to see in the future.

In terms of open space,
there are a couple of
mechanisms for helping to
provide future open space in
the area.

One of them is a development
bonus program.

Another one is
encouraging -- site --
on-site parkland for the
parkland dedication

And now moving into the
development bonus program
itself, the basis for the
development bonus program is
starting with the
entitlement by subdistrict.

And these entitlements are
very similar to existing
zoning that's in the area at

So there's no major upzoning
that happens through the
regulating plan itself.

But if a property owner
would like to build a taller
or more dense building, then
they would be required to
participate in the
development bonus system and
provide community benefits
in exchange for that
increased height or density.

And the development bonus is
proposed to only be
available for properties
that are within these hub
areas, and that's, again, to
focus development near
riverside drive and near
major intersections to
create that nexus of people
and services.

One thing I wanted to
quickly point out is that
based on public input, there
are different heights to
which buildings could be
built in the different hubs.

In the montopolis area,
there are nearby
single-family houses and
there was less support for
having taller buildings.

So buildings in that hub
would only be eligible to go
up to 120 feet or
approximately 10 stories
rather than in the hub at
pleasant valley or the
highway, which could
potentially go up to
160 feet or approximately 13

So the proposed development
bonus program is, you'll
notice, similar in format to
the downtown density bonus
program, and that is

We're trying to create more
consistency across the
various density bonus
programs that we have in the

And so there are two
required community benefits,
those being affordable
housing and open space.

And then there's a menu of
other items from which a
developer could choose.

And basically then they
would accumulate bonus
density through the
provision of these various
community benefits.

So to get -- zoom in a
little closer on the
affordable housing item,
it -- a developer would have
to basically earn 50% of
their increased entitlement
through the provision of
either on site affordable
housing or through an in
leiu fee, and we've split
that into two parts.

One is for buildings that
would be under 90 feet in
height, and that's because
buildings that are generally
under approximately 65 feet
are generally less expensive
to build because it's wood
frame construction.

And so there's generally
additional value that can
be -- that can be given to
affordable housing and still
make projects be successful.

And so there's an on-site
requirement for affordable
housing for those -- for
those shorter buildings.

We're proposing that for
projects over 90 feet that
there would be an in lieu

We have a place holder of
50-cent per square foot in
lieu fee but we feel it's
appropriate to continue that
conversation so staff and
planning commission
recommend we remove that for
now and we will come back to
council and talk about a new
proposed method to figure
that fee in lieu.

We don't think that having a
set fee in there at present
will be problematic because
based on our analysis it
seems very unlikely that
there would be any buildings
over -- well, really over
about five stories built in
the east riverside area in
the near future.

Basically because they are
just much more expensive to
build and the rents that
could be charged can't
really pay for the higher
cost of construction at

So that is one of the things
that we'll propose to

However, the development
bonus program is obviously
only one potential tool to
help deal with the
affordable housing issue in
the area.

So other ways that the
regulating plan helps is by
increasing the housing
supply in the area.

There are a number of
properties that are
currently zoned commercial
though they cannot be used
residentially, so those will
be rezoned to allow
residential within them.

You know, we all know that
it's a very difficult time
to be a renter in austin
when occupancy rates are at
96% or so, basically
property managers can charge
nearly as much as they want
for apartments.

So increasing supply may to
some extent help with that

Another way that it helps is
by creating transit-friendly
neighborhoods, and that
results in lower overall
costs for a family because a
family can spend less money
on transportation.

And then obviously the
development bonus program
itself will help create
affordable housing that will
be there in the neighborhood
for the foreseeable future.

In addition, there are
citywide discussions about
other things that the city
needs to be doing to help
create affordable housing
throughout the city.

So obviously we have a vote
going on now and next week
about potential bond

There has been discussion
for quite some time about a
geographic dispersion

Also the potential for a
preservation policy,
relocation policy, tenant
protection and land banking

So what we'll be asking you
specifically to do next week
is to approve a new zoning
category just called erc,
and what it would mean is
that properties that are
rezoned to erc would be
subject to the regulating
plan and not to the general
zoning standards for the

There are some properties
that we are proposing to not

Those include h.u.d.

Properties, properties zoned
p, public, and then there
are duplex properties that
were zoned -- that are
currently zoned
single-family, and there was
discussion about those
properties when the master
plan was adopted and we
decided not to rezone those
as part of the property to
help -- as part of the
process, excuse me, to help
ensure that there's
continuing single-family in
the area.

We'll also be asking the
council to approve a change
of the future land use
designation to srd or
specific regulating

This would basically point a
developer to the regulating

It identifies that there are
different regulations in
this area and that they need
to go take a look at those.

The regulating plan has been
developed through a public
input process over the last
two years, approximately.

The planning commission
looked -- there was a
planning commission public
hearing about the draft
regulating p
october 23rd and they
unanimously recommended
adoption of the regulaing
plan with a few discussion
items that we'll probably
get into next week unless
you want to get into them

So to sum up, on
november 8th we'll be
asking you to consider the
erc zoning and neighborhood
plan amendment and we'll
have -- we can get into some
of the details of the
planning commission
recommendations at that

And I'm happy to answer any
questions that you have.

>> Cole: Thank you.

Great job.


Councilmember morrison.

>> Morrison: Thanks,

I know this has been a long
haul, in fact, I was trying
to remember how long it's

I remember mayor pro tem at
THAT time McCracken saying
we need to do a [inaudible].

That might have been 2006?

>> 2007.

A good while ago.

>> Morrison: Thanks for
sticking with us.

I have a couple of

In terms affordability, i
appreciate you taking that
into a different discussion
so we can move ahead.

Is there a lev
affordability already

>> Yes, families making 60%
of the median family income
and be affordable for 40
years and that the for sale
units would be affordable at
80% of the median family
income for 99 years.

>> Morrison: So that's
pretty much standard what
we're doing, so that's good
to hear.

Is there anything in it?

I know the neighborhood plan
calls for encouraging and
prioritizing having more

Is there anything in the
plan that's going to help us
with that, do you think?

>> That --

>> Morrison: It's a tough
thing, I know, with the

>> I have not yet heard of a
way that the city can
actually require -- I mean i
don't know if there would be
any way we could encourage
it through a development
bonus, but I don't know if
someone else wants to speak
to this, but I don't believe
we can actually require --

>> Morrison: Clearly we
wouldn't be able to require
it, but I just wonder if
there might be ways we might
be able to encourage this
sort of to align this with
the neighborhood plan
priorities set.

And I know that's in the
east riverside plan and i
don't know if it's in the
montopolis plan.

It might be different there.

>> I know -- greg guernsey,
planning and development

When we did the east
riverside plan, we actually
left tracts out.

The question was going to be
addressed perhaps by this
corridor plan, but it was a
very difficult thing.

We have an aging -- a great
number of aging multi-family
units that are down there.

I think part of it has to do
also with the market back in
'06 and '07.

We still had the potential
of doing condominium

Those financing tools have
dried up since the last
recession or the ongoing
recession that we have and
they really haven't come
about to allow that.

We continue to work with
neighborhood housing on
options and there is
single-family product on the
ground and I think that's
still going on.

But it really is a difficult
thing to do, regulatory way
to somehow encourage that
type of development.

I think really through the
multi-family, the greater
density in the long run
along the corridor itself
which is the subject of this
if we can get those hubs.

It won't happen right away
but I think further down the
road you will see that

>> Morrison: I do think
it's an interesting
question, and also having a
variety of housing types is
going to make for a healthy
yes environment too.

Not shaking, but nodding, so
we can continue that

How does this regulating
plan interact with -- and
maybe if there's no overlap.

Is there overlap with the
waterfront overlay?

>> There is some overlap
with the waterfront overlay
and it's clearly stated that
the waterfront overlay
supersedes any requirements
in the east riverside
regulating plan.

In addition those properties
won't be eligible for the
east riverside development
bonus program because the --
the plan is anyway that
there will be development
bonus provisions within the
waterfront overlay

>> Morrison: You can't
double dip, so to speak.

>> Right.

>> Morrison: What about
the somebody wants to do a
planned unit development.

How does that play with
being in the area, the
corridor area?

>> Well, I'd love to be able
to say that they are
prohibited, but I don't
think that's within -- i
believe, anyway, that it's
council's prerogative to --
to potentially look at
 on a case-by-case

If that's incorrect, I'd be
more than happy to be
corrected on that one.

>> Morrison: Because it's
interesting because -- with
this plan we're putting in
place some good framework
and structure and details
about a density bonus
whereas with planning and
development it's a lot more
[inaudible] and so we have
so much discussion about
these things, I just wonder
how we can encourage people
to [inaudible] guidelines
and I think maybe greg

>> I think the idea is that
we would try to put in the
bonus provision so someone
would not probably file a

They would opt to do the
density program rather than
coming in and trying to
design unique regulations
through a p.u.d. process.

So I think that's what we're
trying to set up, make it
actually easier than to go
through an alternate route
rather to go through the
p.u.d. process.

>> Morrison: It has been
at times lengthy and

So that makes a lot of

And also I guess it gives us
guidance as council because
if something is supposed to
be superior to be a planned
unit development and we have
some -- we already have some
clear definitions of why we
would want to be bonussing
something, if that's a word,
that could provide some
guidance there.

Then the last question about
overlay is how does this --
greg, you might not want to

How does this -- how is this
going to play in our new

Are we going to throw it all
out or in this place and
other it will just fit right
in it.

>> Generally staff, as you
heard earlier during the
presentation, talk about
densities or process, we're
trying to make them so they
are similar throughout the
city as far as -- they may
not be exactly the same but
the practice would be

It's easier to administer
the code, easier to

I think you will probably
see that in the future.

As I said previously about
the code rewrite, I think
everything should be looked

We're not necessarily
throwing away anything,
we're not necessarily
keeping everything, but i
think we certainly take that
into consideration as we
spring forward airport, we
finish riverside, downtown,
when that comes around, i
think those topics will be
discussed again.

>> Morrison: And they are
all approached in a much
more modern fashion than the
code that was essentially
written in past --

>> there might be more of a
comfort level as we get to
the code rewrite as looking
at different things as
riverside airport and do you
want in the past because we
have examples we've already
been working on.

>> Morrison: Great.

And then I guess two more

One is in terms of
relocation and displacement
of tenants and all, the
university of texas law
school community clinic did
a study over the past year
and just recently released
that study and there's some
really good, great things
coming out of it that i
guess if you'll look at the
agenda for next week you'll
see that there are some
followup work that we're
going to have an opportunity
to discuss all of that at
the city because there's
real improvement.

I think there's some real
lessons learned from the two
cases where we have
[inaudible] and lake shore
so I'm looking forward to

Lastly, could you give us a
suggestion of what we might
be hearing that's still
controversial in the

>> Sure.


A few of the issues that
came up at planning
commission, one is actually
that -- the question of
whether the city should have
density or some various
minimums to ensure that we
do get the type of density
that is needed to help
realize the vision.

The regulating plan already
has a requirement for a
two-story minimum in the
corridor mixed use sub
district, which is the most
used subdistricts.

In the planning commission
there was discussion about
whether there should
posteriorlyly be broader
minimums and -- potentially
be broader minimums so
that's something they asked
staff to look at and to
bring forward to you all.

So we will have some
recommendation on that next

So I will say it's a tricky
issue because if you set the
minimums too high, then it
could make development of
properties more difficult.

It could mean that some
properties aren't -- aren't
developed for quite some
time until there's enough
market to support that.

And so I think there are --
I think there are pros and
cons with that.

So I look forward to more
discussion about that one
next week.

Another request that's come
from the neighborhood that
we're still looking into is
a question about whether
there could be notification
for alternate equivalent
compliance applications.

And that's basically if --
if a development feels that
they can't comply with
particular regulations
within the regulating plan,
then they would apply for
this alternative [inaudible]
to -- to do something else
that should theoretically be

And where -- we're looking
into that.

That one is a bit
complicated because
notification doesn't
necessarily mean that
there's a process for people
to provide input, and then
if there is a process for
people to provide input,
then it can extend the
review time even more.

And as I've heard today,
obviously the long review
time is one of the concerns
that we have with our
current code.

So that's something that
we're looking at and trying
to figure out the pros and
cons of that.

And those are really --
those were really the only
two big things that came up.

There are a few property
owners who would like
different subdistricts and
things like that and i
imagine you will hear from

>> Morrison: I appreciate
your work and I think you
mentioned for the most part
it doesn't change any of the
base zoning that's already
in place --

>> well, it doesn't change
the general entitlement.

>> Morrison: Of what could
be built there and I think
that's a great way to go
because it helps in terms of
acceptance and what people
can be comfortable with, but
also will be able to
maximize even in the benefit
to the community when they
do engage in the density

So I appreciate your take on

Thank you.

>> Cole: Any other

I have a question question.

Erika, I don't know if this
 guernsey, the
development bonus as to
affordable housing, I was
really curious for the
areas, for this area.

Is there a set definition
for affordable housing?

>> Well, the definition is
generally that a family
can't spend more than 30% of
their income on housing.

And so then based on
whatever the sort of median
family income is, then the
amount they would be able to
pay for housing would vary.

And I don't know if --

>> Cole: I guess I'm
trying to make sure
permanent supportive housing
is included within that

That we are awarding or
potentially awarding in high
density areas, that that is
a possibility.

>> I'll do my best on that.

Permanent supportive housing
is affordable housing by
definition and so I'm not
aware of anything that would
preclude permanent
supportive housing to be a
eligible use for affordable
housing because it is an
apartment with a lease and
all those things, all the
permanent supportive housing
the difference is the
ability for an individual to
have services, but it's not
mandated the services being
on site.

So basically permanent
supportive housing is
affordable house.

Coal cole I just usually
don't hear it connected with
our density bonus.


Thank you.

Any other questions,

I would like to ask erika
and greg that you guys hang

We had some councilmembers
who had to step out but i
think they have some
additional questions to
perhaps this afternoon we'll
follow up with those


>> Sure.

>> Cole: Now we'll take up
item number 13 and I believe
 clay dafoe you are
signed up as a speaker.

Councimember spelman pulled

>> Thank you, austin city

Number 13 is approve an
ordinance excepting
$1 million in grant funds
 department of
justice, office of justice
programs, bureau of justice
assistance in amending the
fiscal year which was
already day adopted
2012-2013 police department,
operating budget special
revenue fund to appropriate
$1 million from the federal
government for the austin
police department project
entitled city of austin
byrne criminal justice
innovation program.

I did no have the
opportunity to look at

I know councilmember
morrison likes a lot of
details and facts, but i
will say just the overall
trend of accepting money,
there's nothing wrong with
that, that's good.

The overall trend of
accepting a million dollars
from the federal government
is a huge mistake.

As we've spoken many times
before, austin needs to
become much more
self-sufficient as a city.

I think it is possible, you
guys can step up and say no
and I'm afraid maybe this
grant could be used as a
payoff to, you know, have
things like fusion centers
here in austin.

There were safeguards put on
those and we can revisit
that at a later date.

But I'm just afraid that
this money is going to be
used to have creeping
federal government

I want you, members of the
austin city council, to take
the power of the purse and
the sword away from the
federal government because
they are abusing their power
and you know it.

And you know, you guys,
america was founded on local

And each sector of
government whether it's the
city level, the county
level, the state level or
the federal government is
autonomous to a certain

The feds just can't give you
the money and then you get
the money.

You actually have to vote on
accepting the money.

So that proves that you are
in some respects an
autonomous body when it
comes to this kind of
decision making and I urge
you to reject this
$1 million grant which will
further bankrupt our nation
and lead to further
gentrification of austin,
further government spending.

It will hurt small business,
families, the poor, senior
citizens, and many others in
our community.

So please vote no.

I instruct you on item 13.

Thank you.


>> Cole: Thank you, clay.

Next we have ronnie

>> Thank you, yes, I'm
ronnie refer side and i
wanted to make the point
that my articulate good
buddy clay dafoe has already

And I echo clay's ideas and
his worries about this
creeping federal government
continual abuse of power.

And if you don't believe
that's happening, just think
about the whole idea of
homeland security where
people like me, concerned
citizens actively involved
in what's going on, we're
the enemies.

They've written it up, ron
paul supporters, boy, we've
got to look out for those
ron paul supporters.

Ron paul is the one and only
peace candidate for the last
presidential election cycles
to really be serious about
bringing an end to all that
senseless killing and all
that brings nothing but
hatred and future senseless
killing on us.

We've got to stop the

We've got the face the
facts, kiss off these slimy
budget deals that we get
because they are slimy.

There's a hidden cost to all
of us.

We have to give in to yet
more federal abuse of

As clay said our government
here, the federal government
was a creation of the state

And instead it's totally
turned around now and these
couple hundred years later
we're so totally confused
that we're allowing the
mighty federal government to
just peer up and destroy our
constitution which is, in my
mind, the greatest
contribution our nation has
made to the history of life
on this planet.

It's what good government,
what leaders all around the
world pay attention to.

Wow, the constitution of the
united states.

They put the people, it's
the people who make these
decisions, not the
government, not any of you
elected officials and all

It's the people.

We have the power with the
constitution if we would
just stick to it to keep out
of these endless idiotic
wars, keep out of these
smarmg do gooders.

It's going to cost local
businesses out the wazoo
with these ideas like we
want more windows on

That doesn't come cheap.

And these businesses are
struggling, all businesses
are struggling thanks to the
ongoing depression, real
depression that we're living
through and we're down here
making these smarmy, well,
kind of sounds good.

No, we've got to think more
seriously on behalf of the
taxpayers, the businesses
right here.

>> Cole: Thank you,


>> Cole: Questions,

Councimember spelman.

>> Spelman: Thank you.

The only do gooderrism is
try and reduce crime in the
rundberg area.

I believe the deputy chief
is here and I would like to
ask him a couple question
you can talk to me
afterwards if you want to,

>> Assistant chief shawn

>> Spelman: One is
increased police operations
in the rundberg area,
another is to increase
social services in the
rundberg area, and a third
is to research and
evaluation component being
supplied largely by the

Is that roughly right?

>> That is correct.

>> Spelman: Okay.

My primary concern, it
sounds like a wonderful
grant, a terrific
opportunity and the fact it
is a grant I think is
important because that means
that the actions will be
directed by you and not by
the federal government.

You take the million dollars
and this is a largely
hands-off transaction.

They give us a million
bucks, we figure out what to
do with it in order to
reduce crime in the rundberg
area and we say thank you
very much.

Is that about right?

>> Yes, we're always excited
when we can get some of the
federal tax dollars back
that our community
contributes to the federal

To bring back to do some of
these things.

>> Spelman: And if we
don't get this byrne grant,
somebody else will.

>> Yes.

And we have to give them
aness a today.

>> Spelman: I hope we can
give them an answer in just
a couple of minutes.

I have one concern and this
is based on what's happening
at least a couple other
cities that have received
large grants to do something
similar as what we're
proposing to do here.

That is they receive a
million dollars, they spend
a million dollars on social
services, on evaluation, on
surveys, knocking on lots of
doors and asking questions
on police operations and
they solve the problem.

Then the problem comes up
someplace else in town and
they think, well, we know
how to solve the problem.

We got a million dollars in
our pocket.

We haven't got a million
dollars in our pocket, now
we don't know what to do.

How are we going to address
that issue, presuming we
won't get another federal
grant in two or three years
to solve the problem.

>> We are going to look at
what is successful, what
isn't successful and those
kinds of things.

It doesn't necessarily mean
down the road we have to get
another million dollars to
replicate those things.

The research will have been
done, we will have learned
from best practices that
have been adopted throughout
the three years of the

So yeah, we think that we
could take lessons learned
from what we do in this
initiative and bring it to
other places.

>> Spelman: So a lot of
what we're doing is
experimenting, some things
will work, some won't.

The things that do work, we
can verify will work.

The things that are cost
effective, those are the
ones we'll take elsewhere
when we need them.

>> Absolute.

And the title of the grant
program it's an innovation.

We are trying to experiment
and find new ways of
policing in different parts
of the city.

>> Spelman: This is purely
addictive, but I want to say
I'm really happy that we're
doing this.

I'm very happy that we're
willing to experiment
with -- with finding new
ways of solving old

Rundberg I think is exactly
the right area to be to go
this kind of experimentation
and I'm particularly happy
that you've engaged some
people in the sociology
have been through this drill
at the university of
chicago, they have a pretty
good idea what you are going
to be doing, what the social
service agencies are going
to be doing, what procedures
are necessary to get a good
handle on what's going on
and how well what you are
doing is working.

So everything looks like
it's firing on all

I'm really happy that we're
working this that direction.

>> Thank you.

>> Spelman: Mayor pro tem,
I move approval of this

>> Cole: Councimember
spelman, this is an
ordinance and so we're going
to need five councilmembers
to approve it so I think
we -- on all three readings.

I think that we need to have
you withdraw your motion and
perhaps make a motion to

>> Spelman: I move to put
this on the table and take
it up immediately after we
come back from recess.

>> Morrison: I have a
question before we table it
coal cole let's go ahead and
second the motion to table.

I'll second the motion and
proceed with the question.

>> Morrison: We just won't
vote on it.

>> Cole: Exactly.

>> Morrison: Great points
by councimember spelman and
I just wanted to ask about
one aspect of it.

I know that you all have
said that you are going to
work with city departments
and really fill in the
details and all and I think
that's great because
innovative solutions to this
obviously need some holistic

And I just wanted to note
that we have several plans
that have already been, you
know, gone through by the
community and -- for the
areas and so I just wanted
to get some assurance that
those plans will be
integrated into the mix and
the conversation as the
grant goes forward.

>> I'm not sure specifically
what plans you are talking

>> Morrison: The
neighborhood plans.

>> Okay, yeah, this grant is
not meant in any way shape
or form to supplant or
change anything.

>> Morrison: I'm asking if
they will be taken as sort
of --

>> we [inaudible] that are
within the area and we're
going to use them.

>> Morrison: That is what
I wanted to make sure that
there's already been some
work done, I want to make
sure we leverage that work
with the community.


Thank you very much.

>> Thank you.

>> Cole: Chief, I just had
a quick question about how
the charlie sector was

>> Well, that particular
area we looked at under
several different aspects.

High levels of poverty,
disinvestment, unemployment
and criminal activity.

From the police department
standpoint, the criminal
activity piece really jumped
out at us in that particular
operational area accounts
for 11% of our violent crime
and 7% of property crime in
the city which is a very
high percentage for such a
small footprint.

>> Cole: Thank you.

Any other questions?

Okay, we'll leave this on
the table.

Councimember spelman i
believe we have to vote on
the motion.

>> Cole: Motion made by
councimember spelman to put
this item number 13 on the
table and seconded by
councilmember morrison.

All in favor say aye.

That motion passes on a vote
of -- a unanimous vote with
councilmember martinez,
riley and mayor lee
leffingwell off the dais.

Next we'll is citizens

00 noon and time
for citizens communication.

Robert morrow.

>> Hey there, council,
robert morrow, resident of
austin, texas.

Today I'll be speaking in
opposition to central health
prop 1.

Our water bills are going

Our electric bills are going

Toll road rates are going

Recently there was an
article in the austin
american-statesman said
there had been massive drops
in donations to the greater
united way of austin and
drops in disbursements from
united way of austin because
people simply can't afford
to give.

Yet some fool thinks we need
a massive property tax
increase to fund a billion
dollar med school boondoggle
that may or may not ever get

folks, even as I speak the
voters of travis county and
austin, texas are projectile
vomiting up central health
prop 1.

This thing is radioactive.

I give it a 1% chance of
passing and that's why I'm
here to talk to the greater
austin community.

Central health prop 1 was
put on the ballot by nine
unelected communists that
nobody can remove by the

A recent article in the
austin american-statesman
[inaudible] records showed
and one of those executives
is a lady named amy shaw
thomas who is the wife of
robert thomas who is running
for state rep of the
republican party in district

She makes a fluffy, puffy
salary of $343,000 a year.

She's the vice chancellor of
health affairs at university
of texas.

She, amy thomas, amy shaw
thomas, the wife of robert
thomas, is one of the people
charged with bringing a med
school boondoggle to austin.

It's empire building on the
backs of travis county and
austin, texas property
owners, families and

If central health prop 1
passes, it will be a
[inaudible] of a half
billion dollars over the
next ten years from every
single person in travis
county and it will be given
slackers, druggies, welfare
queens, illegal aliens and
the communist themselves who
are pushing this outrageous
property tax increase.

On top of all that, one of
the top spokesmen for the
people pushing central
health prop 1, mark nathan,
said this recently.

Let's disavow everyone of
that notion.

We agree proposition 1 will
not fund a medical school.

[Buzzer sounding]
says nathan.

>> Cole: Thank you,
mr. morrow.

mr. button.

Is mr. button here?

Jon button?

You can give it to
councilmember tovo and pass
it down.

Thank you, mr. button.

>> It's been a few years
since I've been here so I'm
trying to remember how
everything works.

Let's see if we can lighten
it up a little bit.

Where is the timer?

>> Cole: Three minutes.

>> I thought they had a
timer up here I could see.

Looking for help.

That's one reason I'm here.

I'm crying for help.

Lawyers, law firms, civil
rights groups, animal
rights, investigative
reporters, information on
treating, call me at
(512)538-7961, email jb
killer and these phone

I would like to file charges
of official oppression
against animal control april
moore, officer april moore.

I would like to sue the city
of austin for no less than
$1 million for emotional and
physical damages resulting
from the wrongful death of a
dog named tempo which april
moore claimed was tempo
alias rufus.

By perjuring herself about
critical evidence that would
have established kempo was a
different dog.

Rufus had a chip which kempo
did not.

She lied about the critical
evidence to acquire a
warrant from [inaudible] to
pick up the dog from a
san marcos veterinarian.

She lied about this evidence
under oat saying a chip had
never been placed in rufus
and kempo was the same dog
as rufus.

The dog was wrongfully
labeled a dangerous dog by
activity of april moore.

She tried to delete
information of a chip that
had been inserted by
austin-travis county from
town lake computers.

I was here a year ago about

I do suffer from
post-traumatic stress
disorder from the wrongdoing
done to me.

The holding of this dog for
39 days from december 6 to
january 18.

I have two [inaudible] that
the dog was not dangerous
and I was working on
completing a pill, I had
paid my money not to kill
the dog.

I also blame kenneth, the i
peels judge, chris perry and

But april moore was the one
that did all.

This she was the one upon i
guess it was about 2006 in
my apartment some people
came in there, got nipped.

When she heard this she went
back to a lady four months
ago and claimed --
[inaudible] and that is
totally wrong, totally

She had it out for me
because earlier I told the
animal control department
they are harassing me.

There was some manipulation
of the system.

This is official oppression
and this led to the death of
an innocent dog and it led
to me being put on a
criminal category and the
dog that I lost which
happened to him.

It let to him being labeled.

I just want to say this, get
this out of my system.

You need to fire that bitch
april moore and that will
make her holler.

>> Cole: We don't have
that kind of conversation.

>> I was going to make it

I screwed that up.

She need to be investigated.

>> Cole: ronnie

Your time is up.

Put her on a polygraph.


>> Cole: Ronnie
reeferseed, are you ready?

>> Yippee, yes, I'm ronnie
reeferseed echoing all of
robert morrow's great ideas.

And yelling at judge biscoe
wherever you are.

What part of the first
amendment has always been
protected here in the usa,
freedom of political speech.

Two days ago at
approximately the 200th
time and attended the weekly
travis county commissioners
court session, judge biscoe
for thers if time ever
decided to pull a
leffingwell on me.

He had his own hisy fit and
threw me out of the building
because he didn't like what
I had to say.

Remember leffingwell's hisy
fit was ruled to be wrong
and has been universally
scolded for his half baked
attempt to demy me my
constitutional right by how
I choose to pronounce my

Tuesday judge biscoe threw
me out of the court session
because he didn't like what
I had to say about the
communist red chinese
regime's ongoing war on the
unborn and only the chinese
delegation feverishly

For your information, red
china for decades now has
been brutally enforcing a
tyrannical state policy to
execute especially female
infants and no other nation
can even come close to this
barbaric policy to murder

Supposedly a final solution
to all our problems.

No killing totally innocent
babies is not a solution,
it's evil.

Stop the killing.

Love life, people.

Do not -- I believe you do
not have the right to kill
your babies.

No tyrannical governments,
you do not have the right to
kill anybody any time no
matter what religion other
people choose to practice.

And the other part of -- the
other part of the first
amendment is the freedom of
religion and that includes
islam and, of course,

Now I am proudly a parish
near of the bee creek united
methodist church that leads
the world by example, not

Including cash, housing
et cetera, not only here but
my church has been for years
helping some poor people in
guatamala, demonstrating
appreciation for the love of

To learn more read your
bible, read your koran,
study the belief systems of

God's love for all living
things including miraculous
hemp marijuana plant.

It's in the bible.

Yes, I even love the
sociopathic tyrants with all
their brain dead tag alongs
because they don't know what
love is.

♪♪ You will a you need is
love, love is all you ♪♪♪♪

>> Cole: Thank you,
mr. reeferseed.

Next mr. dave kelly.

>> Thank you mayor pro tem
cole and the rest of

I'll be pretty brief today
because I know the council
is aware of the problem in
the city code as far as the
length of time drivers can
work, but I had to sign up
for this two weeks ago.

So I want to make a few
comments anyway.

Basically a code that allows
drivers to work almost 24
hours a day is inadequate
and I think the council is
aware and will make some

And I just wanted to point
out the importance of this
issue, especially with the
30 cab issue coming up.

I mean if these go out,
that's even longer guys will

I think the impact study
showed that we are working
more and more hours,
although it has its problems

When you come up with
something as far as changing
the code or I don't know how
you want to handle this, but
that's why you all is
council and I am but a cab

But it is important that
this gets taken care of
because -- and the bad part
is as far as tda goes, in
fact, I'm here speaking as a
citizen, not as a represent
of tdaa because to be honest
they are split on it.

Some drivers want to work
even more hours.

Personally I think it's
pretty unsafe to go more
than 12 hours average shift,
but -- thank you.

thank you.

And I do think that safety
should be our primary
concern, especially with
driving our city streets.

They are dangerous enough as
it is and we are out there a

Whatever you come up,
another key is enforcement.

Whatever the new christ is,
it needs to be monitored and
it needs to be enforced, not
wait till we have a tragedy
close to what we nearly had
a couple weeks ago when the
guy passed out after pushing
himself too hard.

But anyway, I just urge the
council to take action on
this issue and let's get our
streets a lot safer.

Thank you.

>> Cole: Thank you,
mr. kelly.

next we have dave passmore.

>> Good afternoon, mayor
pro tem, councilmembers.

Dave passmore, current
president of the taxi
drivers association.

And this afternoon I would
like just to first thank you
for allowing me to speak and
giving me this opportunity
to do so.

However, I would like to
address the issue concerning
the 30 permits that are on
consideration on today's

We understand that some
council are trying to work
with the drivers and trying
to resolve this issue.

Today I just have two things
I would like to say to that.

The tdaa will accept the
fact that if there is more
time needed to look at the
numbers that are coming out
for october, the tdaa is
more than willing and
welcome to allow the council
more time to do that.

However, it affects the
driver's income if there is
more cabs added to the

I think you have heard this
long enough.

I don't want to take over
all the time going over
issues already discussed so
we will accept either a no
to the vote or delay to the

Really appreciate your time.

>> Cole: Thank you very

Next we have carlos leon.

>> Thank you mile an hour
cole and I'm here to speak
for what's right.

You can put that quote up

I'll get to it in a sec.

Chem trails have appeared in
our sky today even outside
city hall 30 minutes ago.

You know, these man made
sick geo aerosols continue
to poison our clear skies
and our clear skies are like
blank -- in the 2006 prolog
of the audacity of hope,
obama wrote I serve as a
blank screen of which people
of vastly different stripes
project their own views.

In 2008 news week
interpreted that quote to
mean obama was a screen on
which people project their
visions and hopes.

Now, let's decode this.

Notice he stands for nothing
in his quote.

He just wants you to project
yourself on to him.

That's how a coward behaves,
not a leader.

Second of all -- thank you.

Second of all, notice how
this is a cold psychological
trick he's playing on us

You see, if you project your
hopes and views on to him,
then when you look at his
horrible presidential record
the last four years and want
to reject him based on his
record, you are actually
forced to reject yourself.

That's sick.

That's psychotic.

Can we please go to the
second slide.

Now, donald trump hinted at
this in his recent statement
on facebook.

Because the sensors tried to
stop this information from
coming out you have to speak
in code.

He said if barack obama
agrees to give all his
records, he will give
5 million to a charity of
his choice.

Why done donald trump list
three examples of a charity.

Donald knows what a charity
is, so does obama, so does
the public.

This is code.

By innercity children, i
believe trump is calling
obama a child.

By american cancer society,
I believe that trump is
saying that he's a cancer,
that obama is a cancer to
american society.

And by aids research, i
believe he certainly saying
that obama is ill and sick
and needs help.

This is the kind of
censorship we have to fight
in today's world.

These last four years of his

It is wrong.

We have a first amendment
american right to be able to
speak what we want freely
without dealing with this.

You know, I'm reminded of
another quote as I look at
all this and that is thomas

I have sworn upon the alter
of god eternal hostility
against every form of
tyranny over the mind of

now, perhaps that's why
obama keeps court female
voters because --

>> Cole: Thank you,
mr. leon.

>> Thank you.

>> Cole: Miss linda green.

Linda green.

There you are.

Good morning.

Can you read the title of my

Usually the mayor reads the

>> Cole: Who is pugh and
why are they hell bent on
quashing and quashing and
act I fluoride movement.

>> When we think of pew
charitable trust found we
think of public television
and all the things they do
for us.

There's some things good
they do and there's some
things that are down right
dangerous to us.

And a year ago almost to
this date libby doggett, who
works for the benefit of the
pew charitable trust and has
been around a long time
wrote the mike martinez on
city council a letter which
 mike, I understand
that a proposal that would
require the austin utility
department to place a notice
on our consumer water bills
is being raised during the
public health and human
services committee on
october 18 meeting.

We were going to both city
council, as you remember,
and health and human
services asking you all to
put a warning label our our
water bill urging parents
not to use city water,
fluoridated water in the
baby formula and here comes
libby doggett.

She says I strongly oppose
the proposal putting a
warning label on water bills
is both unnecessary and


I think the pew charitable
foundation a and libby
doggett are misleading.

She says you know I helped
get the campaign up and

So -- then I wrote back her
husband, I am in shock and
dismay that your wife libby
doggett sitting on the board
of the pew charitable trust
would urge city council to
refrain from putting a
warning label on our water
bills and asked him to look
instead at the 4,000
doctors, dentists and
medical and environmental
professionals who have been
calling for an end to water

And before I get to the
basics of the pew charitable
trust who have been pushing
both portland, oregon and
wichita, kansas to floor
date their water, as the pew
trust is pushing -- in 29
days clean water portland
raised 43,236 signatures so
their citizens can vote on
this issue in november.

Also good news is that we
have fluoride free houston.

So maybe fluoride free
com and clean water
org and fluoride
com can all get
together and convince you
all of the --
[buzzer sounding]
-- sense of ending water

>> Cole: Thank you.

thank you, miss greene.

Next we have charlene franz.

>> Hello.

How are you guys doing

Okay, I'm here to give a
speech about the museum of
fine arts austin.

It needs a permanent

We have been doing
international, national and
local art shows for 21

We have shown at our state
capitol, the driscoll, 823
congress and 50 other
locations all over austin.

The city has supported the
mexican-american cultural
arts center, the carver and
many other arts

We would like to work with
the city's arts commission
in accomplishing our goal.

We have requested peter
macc, doctor gau from china
and many local artist such
as jeanine hicks and john
corey and shown bluebonnet
paintings and longhorns and
please support the museum of
fine arts austin.

We have worked very hard
throughout the years.

Thank you.


>> Cole: Thank you.

Thank you, ms. franz.

We do not have any items to
discuss in executive session
and that's the end of our
citizens communication so
without objection I will
recess -- oh, I'm sorry.

Carla harrison.

-- Paula harrison.

I didn't see caroline rose.

Are you here?


Paula harrison.

I'm sorry.

I didn't look at page 2.

>> Okay, mayor and -- he's
absent, and city council.

I'm here to suggest the
closing of 6th street and
the buildings being
remodeled to be a junior and
senior high school.

An arts homeless shelter
become a randall remarkable
grocery store and the
structure on trinity and
cesar chavez in front of
lake side apartments become
a park with a playground and
equipment for children.

Also one of the buildings on
congress have a food court
with a pizza, egg roll and
taco counters and long john
silver's and a candy store

I'm happy the government can
focus attention to
[indiscernible] and the
state capitals sbc capitals
now that romney is soon in
the white house, governors
can pass a law called the
[indiscernible] law.

It will allow only the more
mormon race, sometime called
the white race,
[indiscernible] downtown
area and buy remodeled homes
in surrounding areas.

Also the government leasing
housing lease only to
mormans who are sometimes
ca the white race lake
side and downtown area.

All other citizens will have
to live in areas of the
suburbs and on farms or

I have got support of
citizens now with the help
of my son vincent.

I a housing in
the lake side to live in the
downtown, to continue my way
for the passage of the
empirical law.

Thank you.

>> Cole: Thank you, miss

Caroline rose.

I don't believe I see her.


That is the conclusion of
our speaker citizens for
citizens communication.

Without objection, I will
recess this meeting until


>> Mayor Leffingwell: We
are out of recess and i
understand that item number
13 was laid on the table
just prior to recess.

So all the speakers have
spoken so without objection
we'll take item 13 off the
table and gun with council begin with council
discussion for a motion on
that order.

>> Spelman: As you
mentioned, we discussed this
item to some extent and move
approval on all three

>> Mayor Leffingwell:
Motion by councimember
spelman to approve on all
three readings, seconded by
councilmember morrison.


All in favor?


Passes on a vote of 7-0.

So without objection we'll
go back to regular order for
a while and take up item
number 2.

Item 2 was pulled for
speakers so we'll go
directly to speakers.

Paul saldana.

Is carol hadnot here?

I don't see juan.

Aletta banks.

So you have up to nine

>> I have a presentation

>> Mayor Leffingwell:

>> Good afternoon, mayor and

The name is paul saldana
speaking on behalf of the
minority trade association
contractors alliance.

We've been here before to
talk about this particular
item so we wanted to present
you some information.

First of all, I kind of
wanted to give you an
overview of the data related
to the construction industry
and more specifically the
economic impact and
contributions to the

So this is some data

It's third quarter 2011

And according to this data,
a little over 40,000
employees work in the
construction industry.

You've heard egrso and, of
course, you've read before
that austin continues to
lead the nation in a wide
variety of areas.

One, of course, is we
continue to lead the nation
in small business vitality
rankings and so for the last
three years consistently
we've been ranked in the top

Most recently we've been
ranked number 1.

There are about 40,000 small
businesses in austin and at
least half of those are
minority women owned

And below there sort of the
characteristics and criteria
that the business journal
considers in ranking
austin's small business

To give you a national data
profile about minority owned
businesses, minority
business ownership is
increasing more than twice
the national rate.

It's 45.6% to 20.1%.

You'll notice a commonality
in hispanic,
african-american, women and
asian owned businesses and
that is a third or in some
cases -- a quarter to a
third, excuse me, are
businesses that have -- are
small business owners that
have businesses in the
construction or

The city of austin currently
has a little over 1,000
's and
's and nearly half are

You may recall that during
the last city of austin
disparity study which was
conducted in '07-'08, these
were the latest and are the
latest minority and business
goals for the four commodity

The first column in red
represents the m.b.e./w.b.e.

Goals for construction.

This particular chart here
illustrates what the city's
participation has been for
the last three fiscal years
or almost three full
physical years, going back
to '09 to '11.

Notice the percentages
represented in red indicate
the annual goals that have
not been met by the city of

And once again you will see
consistently what the city
has failed to meet the goals
in the construction area for
the last three fiscal years.

The next slide here
basically talks about the
payments that the city has
issued on contracts for the
last two fiscal years and
you'll notice that in the
last two fiscal years over
50%, one year 50%, the other
53%, there's been a great
deal of contracts that were
awarded with no availability
and they were noncompetitive

If I can take my
construction trade
association hat off and put
on my texas association of
mexican chambers of commerce
hat, I serve as the
legislative chair for the
texas association of
mexican-american chamber of
commerce where an hispanic
chamber organization with
over 30 chambers from the
state of texas.

Earlier this year we
partnered with the
university of texas and ic
squared where we performed a
survey and study of hispanic
owned businesses of the
state of texas.

We had nearly 3,000
participants participate in
that survey.

And one of the critical
challenges that was pointed
out by these hispanic owned
businesses is that in order
to keep consistent and
sustain and grow that they
have challenges and
overcoming lack of training
and management,
communication skills, and
really gathering -- gaining
better access to markets.

One particular finding,
austin was included in the
survey, indicated they
continue to have challenges
and issues when it comes to
government contracts like
the city, county, the state,
et cetera.

22% Of the firms that
participated in this survey
were construction-related

Now, with regards to the
contract that's before you
here today, one of the
things I wanted to point out
is essentially what egrso
has done is negotiated on
noncompetitive sole source

Citing chapter 791.

We know the purpose of this
chapter is supposed to be to
increase efficiency and
effectiveness of local

One of the things we want to
point out is they are
proposing in this particular
36-month contract for
$783,000 is that the hourly
rate we will pay per class
for the three-hour classes
is $916.66 an hour.

For the six-hour classes the
hourly rate is $458.33.

Going back to the purpose of
this chapter, I don't think
that's sufficient and i
certainly don't think that's
effective of the taxpayer

The other issue is the fact
that the city of austin's
current process, whenever a
department wants to
entertain an interlocal
agreement, it's our
understanding they go to the
law department and basically
they say we want to enter
into a local agreement for
these types of services.

The process we believe is
subjective and doesn't
include review and
authorization by the
purchasing department and

And our last point on this
slide is the fact we
circumvent the m.b.e./w.b.e.


On monday all of our
associations participated in
one of biennial meetings
and we asked what's the
process for departments
requesting interlocal
agreement for contract
services, and she basically
says, well, they just
contact the law department.

We asked does the purchasing
department have any

Do they review that process,
and her response was no.

Maybe there's somebody here
from purchasing department
that can clarify that.

I thought that was important
to point out to you all.

The services being
contributed in this proposed
interlocal agreement is not

It's not addressing the
needs of the m.b.e./w.b.e.


Going back to the previous
slide, this chapter 7091
speaks to the need to be
efficient and effective so
what we basically have is an
exclusive contract.

It doesn't represent the
needs of all small
businesses in austin.

As you heard us say before,
98% of the budget is coming
from austin energy.

And as you know, the egrso
currently funds the chamber
and greater minority chamber
of commerce and part of that
goes to develop
organizational capacities
for economic development
activities, more
specifically chambers are
allowed to use this money to
grow their membership, they
are allowed to use this
money to basically create

Greaterresources for doing
business in austin and
develop opportunities and we
would like to have that
opportunity as well.

There continues to be
disparity in the source of
the funding for the minority
trade associations.

The last point here that i
wanted to make on this
particular slide is that
 johns suggested
that we might pursue
potential eda federal grant
money for a construction
incubator, and while we
certainly believe that's a
great idea, it really
doesn't address our
immediate needs and more
importantly it doesn't do
anything to sustain the
existing construction firms
we have now in austin.

And the last point is which
is a good idea why didn't we
pursue the eda grants for
these training classes.

I think that would be
something that would be a
good idea.

And finally the last slide
here is that we're
requesting that you vote no
on this particular
interlocal agreement and you
direct our city manager to
facilitate a to you
comprehensive needs and
study on the needs of all of
our small businesses in
austin, not just half of
them, not just a quarter of
them but all of them.

And that you direct the city
manager to develop a fair
and equitable funding plan
for all small business
service providers.

One of the things that's
listed in the section 791
talks about the use of --
[buzzer sounding]
-- austin energy fund.

I'll stop there.

I'll be happy to answer any

>> Mayor Leffingwell:

Councilmember tovo.

>> Tovo: I wonder if you
could address your point
about austin energy funds if
you think it's relevant.

>> Yes, ma'am.

Section 791 talks about if
moneys are being used from a
municipally owned utility
organization that there
should be -- there's an
additional step, there has
to be a study to quantify
that that's a good use of
money that's coming from the

And so I don't know whether
or not that process has
taken plays with this so i
wanted to just basically put
that on the table.

I think that's a question we
need to ask city staff.

Thank you, councilmember.

>> Mayor Leffingwell: Next
speaker is clay dafoe.

Clay dafoe is not in the

Walter lake.

>> Hello, my name is walter
leach and I'm president much
leach financial group.

I'm here to -- first as a
small business owner I've
taken several course and
left each class eager to
implement what I had learned
as soon as I arrived back in
the office.

Second is instructor for the
past three years, I've seen
firsthand how the business
owners' lives are
[inaudible] by taking these

A couple of examples.

Last night I received an
email from a couple of
former female students whose
business plan I [inaudible]
over a cup of coffee.

They told me after running
their business by themselves
for several months they had
just hired their first two
staff members and had begun
serious discussion about
opening a second site.

A former student who had
been running a business for
several years grilled me
after class, thank you for
the real world insight into
running a small business.

I see now why I've been
struggling all these years.

I wish I had taken this
class before I had opened my

It would have prevented a
lot of sleepless tonight's
staring at the ceiling
wondering how I was going to
stay afloat and if I was
going to lose my home.

I personally had the
opportunity to attend
several former students'
business openings including
a high-end salon in downtown
austin a few blocks from
here, a business that
provides nonchemical lice
removal for school aged
children, internet
entrepreneurs and several

This is often quoted in
business literature 80 to
90% of small businesses fail
in the first five years.

In contrast there are
studies that indicate that
small businesses that are
part an incubator program
or where owners receive
training such as provided by
the city of austin
[inaudible] 80 to 90% of
those business entrepreneurs
are successful after five

The main difference is the
opportunity for
entrepreneurs to get started
on the right foot and learn
how to be successful from
instructors or successful
entrepreneurs themselves.

I once
had the privilege to
interview austin prep
richard garriet.

When I asked richard to sum
up what made a successful
entrepreneur, he said an
entrepreneur is someone who
sees opportunities where
everyone else sees only

He went on to say on a real
world basis, entrepreneurs
see a row of open doors
where most people see only a
brick wall.

This perhaps is the most
important thing we do as
instructors aside from the
technical training we

From our personal business
experiences we show students
that they really are open
doors at the sight of others
telling them what they are
looking at are brick walls.

I often read in fortune,
forbes and other financial
periodicals that austin is
ranked at the top of small
business development in the

I believe that this program
and the dedication of city
 staff are
what gives austin the great
reputation and urge you to
continue without delay.

Thank you.

>> Mayor Leffingwell:
Thank you.

Michael sullivan.

Donating time is
lilia benezola.

So you have up to six

>> Hello, I'm michael
sullivan here today
representing the leadership
of continuing education at
the university of texas at

We have a staff of upwards
of 250 people in austin and
our main mission is extend
the resources of the
university into the
community which we have done
for over 100 years.

I'd like to briefly give an
overview of some of the
unique offerings we put
forth, one of which is
through our professional
development center whose
contract to provide for
small business owners.

I would like to play a short
one minute video from a
couple of participants in
the program offering
testimony from their

>> So when I decided to open
my own busy had no knowledge
how to do that.

So I got online and found
the small business
development center and once
I started taking classes, i
was really sold.

They were excellent classes.

>> Our business has been
around ten years so one of
the best things about being
able to come to these
classes it doesn't matter
whether you are just
starting a business or
looking to expand a
business, there's always
something interesting you
can learn as a business

>> And all the instructors
have years of experience.

That's so much better than
the book or course online.

>> You get to meet people
from all different walks of
life, all the different
businesses out there from
pretty sophisticated
business to coffee shops and
all different people.

So it's nice you exchange
business cards, you exchange

>> Every day in our mailbox
we get some piece of
marketing literature from
some company that wants to
put on a seminar for 500 or
1,000 or $1,500 a day to
teach us the same things
that we can learn in these
classes offered by the
professional development
center for 35 or 40 or
50 dollars.

And taught by somebody who
is already in that field.

It's hugely invaluable, yes.

>> So I know it a cliche but
clearly in austin small
business is big business.

>> That was actually the

>> Mayor Leffingwell: I
recognize that guy.

>> Mayor leffingwell came to
the ceremony [inaudible]
completed the program and
we're very grateful for

As you can see, we're very
proud of our partnership
with the city of austin on
this vital program.

It's highly rated.

I think the satisfaction
rating came in around 95% in
the last survey that we
conducted on it.

I've also brought along
copies of our annual report
which I've left up here with
councilman riley and I hope
he will pass them out to

It gives a good overview of
the some of the other
programs that we offer which
provide a lot of good vital
services to the community.

We have a migrant student
program that has been around
for 25 years which helps the
children of migrant workers
complete high school on time
while staying on the
regional migrational path
with their families.

The individual who is a top
performer in our migrant
program this year went on to
harvard university.

I would like to extend an
invitation to the
councilmembers to come to
the graduation ceremony next

I think you will find it's a
very powerful moment.

And it shows some of the
unique populations that
we're good at serving.

We have a program which
helps spanish speaking
students coming from mexico
transfer credits to texas
schools which help improve
on time graduation rate and
save school districts in
texas upwards of $10 million
in otherwise replicated

We have a university of
texas charter school that
teaches special student
populations ranging from
students living in
[inaudible] homes to those
in drug and alcohol
rehabilitation centers and
children recovering from
neurological trauma.

We create safe places for
these children to learn
while they are in crisis and
this also changes lives in
the community.

We offer safety trainers for
coal miners and oil workers
as well.

We run a life-long learning
program for senior citizens
and also run popular
informal [inaudible] classes
you may have heard of.

Last week we participated in
the texas conference for
women where we provided
interactive training for the
visitors to our booth which
helps women that are
transitioning back into the
workforce learn better
interview skills.

We have programs for
veterans that help them
 funding to
complete some of our
certificate programs that we

Ranging from paralegal
programs to farm tack to
human lee sources to medical
interpreter training

These are a few of the
programs that we offer that
we feel enrich this great
city and we hope that you
will give our division at
 the opportunity to keep
working with the city of
austin on this small
business development program
that we're discussing today.

That is our overview in a
nutshell and regardless of
how things work out in
general today we look
forward to working with city
of austin on future
collaborations and we hope
you will give this contract
some consideration today.

Thank you.

>> Mayor Leffingwell:
Thank you.

Jennifer chenowith.

Not here.

Ronnie reeferseed.

>> Thank you, yes, I'm
ronnie reeferseed and I'm
here to talk about the
unfortunate mixture of
public funds here on a local
level again with the -- the
huge cash cow called the
university of texas and for
us to be locked up in these
boondoggles of cash wasting

We don't have the
taxpayer -- we're all poor.

Everybody I know the poor.

And we just don't have the
money for these peripheral
kind of expenses that are
not necessary and I totally
agree with our previous
speaker there are so many
other really valid programs
that need to be well funded
and there are good things to
spend taxpayer money on.

This does not seem to be one
of them in my estimation.

And so I didn't make notes
of the myriad of great
things he was talking about,
but I know from my personal
experience that we need to
make more moneys available
to all these poor people
that live here and we really
have to -- we are a rich

We're a rich country.

We are blessed to live in
the rich nation state of

And if we can instead of --
instead of wasting money
here on these kind of
programs, we should instead
try to reinvest in our
people who are really
struggle and it's not their
fault most of them.

And if any of them.

And so I know there are
outlets that I'm proud to
say the city of austin
already has set up, things
for helping poor people eat
food and help them with
housing and help people try
to keep up with these
ridiculous utility costs.

Like for example my company
that charges me is southwest
water company.

We should definitely
withdraw from giving them
any more money.

They just chose to quadruple
the price of water where i
live and then they stuck
fluoride in it whichist a

I'm hoping you are all
learning about this, this is
poison and it's killing
people and gardens and pets
and babies.

It's nightmarish.

And austin has so many
wonderful resources, great
things about living here in
 mayor, and as
you know, but putting
fluoride in the water --

>> Mayor Leffingwell: Can
we get back to the subject?

>> It's all related and i
don't know if you have the
proper authority to tell me
what I can say.

I mean I've got my time to
speak here and I'm not going
to go over my time and these
subjects are related.

Political speech is root of
all of our blessings.

It's what our founding
fathers knew above all else
to give to the citizens.

[Buzzer sounding]

>> thank you so much.

>> Mayor Leffingwell:
Those are all the speakers
that I have signed up.

 dafoe, you were called

Do you want to speak?

All right.

>> Thank you, mr. mayor.

You usually have a right to
speak on this case.

It's almost like a small

Thank you.

I oppose this deal, as you
can guess.

It's a 36-month interlocal
agreement with the
university of texas
professional development
center to develop and
deliver training to small
business owners not to
exceed $470,000.

You know, it's a good idea,
the ends it is trying to
reach is a great goal and
one I agree with.

And this presentation that
the gentleman gave, it's
obviously they are doing
good things, but what about
the means.

Do the means justify the

And I think robbing the
taxpayers of half a million
dollars to do this is not
the right way.

I think a private charity or
a company can do this.

I'd be happy to give a
donation on my own dime, but
instead we're being forced
as john bush would say at
the barrel of a gun to give
this money.

And I don't think it's fair.

And you know, people are
like, clay, why are you
opposing this, this is for
small businesses, for jobs.

I just did an interview with
 spelman about small
business and development and
yeah, I'm for small
business, but I can't
support this because it's
from the taxpayers.

I'll leave with one last
thing, I'll keep it short.

And this quote has often
been taken out of context
and applied to only foreign
policy when it was meant to
be a quote to apply around
to everything.

A very wise man said it,
barry goldwater said
extremism in the defense of
liberty is no vice.

In moderation in the pursuit
of justice is no virtue.

Thank you.

>> Mayor Leffingwell:

That's all the speakers that
we have signed up.

Corinna james is signed up
but not wishing to speak.

>> Martinez: I wanted to
ask as I understand or cindy or veronica.

Good afternoon, cindy.

So I know we're heading into
a disparity study.

The reason I know this is
because the mayor and I have
an item on next week to add
in the disparity study a
request by a veterans group
to see if there's a
disparate impact on

Do we have anything on the
small business in the study?

>> Cindy crosby with the law

The disparity will look
specifically at minority and
women owned businesses and
we can ensure there's a
component that looks at
small business separately,
but the disparity study does
look at the statistics of
available minority
businesses in the austin

>> Martinez: I apologize.

I'm looking through this
presentation right quick.

There's a specific request
and I don't know if it would
apply to the disparity

We're undergoing a needs
assessment and study on the
needs of all small

Do you think that's
something that could be
incorporated into the
disparity study that we're
doing or do you feel like
that's a separate request?

>> It would be separate
because the disparity study
will be more of a
statistical analysis of the
businesses available, not
necessarily looking at the

The consultant that would be
retained would do
stakeholder outreach and
talk to them and find out
what their needs were and
how it relates to the city
procurement program, but it
may not cover all of that.

>> Martinez: Okay.

So if we wanted to do that
study, it would have to be a
separate action item from
council, not necessarily
incorporated with the
disparity study that we're

Because the scope of work
sounds like it's different
in our disparity study

>> The focus and the end
results are also a little
different because the
disparity study will help us
defend the city's m.b.e.

Program divorce what I'm
hearing is maybe looking at
specific needs of the
business community.

>> Martinez: Okay.


Thank you, mayor.

>> Spelman: If somebody
from egrso could talk about
what the small business
community looks like.

>> Kevin johns, director of
economic growth.

There's approximately 43,000
small businesses in the

The small business
development program focuses
on citywide support for
those businesses.

We have a -- a large amount
of documentation of the
16,000 we work with on a
regular basis.

At least 2,000 businesses
participate, small
businesses, the
documentation of the success
rate from the teaching

Pretty good -- cities are
mandated [inaudible]

>> Spelman: You are
anticipating my next

Let me back you up.

I'll get to where you ended.

We have 43,000 small
businesses in the city of

I presume they are in a wide
range of different kinds of
industries, different
industrial sectors.

Do you have a sense of about
what personal of them are in
the construction business?

>> Yes, sir, I think you saw
in paul saldano's
presentation there were
about 500.

>> Spelman: About 500 --

>> minority businesses.

I think his presentation
showed there were about
10,000 minority businesses
that were certified and
about 500.

I think that perhaps
veronica could tell you how
many are in the actual
membership of [inaudible]

>> Spelman: I'm less
interested -- let me tell
you why I'm interested.

We've got 43,000 small
businesses and your charge
is in part to give them
assistance to become big
businesses or at least
profitable businesses.

>> That's correct.

>> Spelman: Some of those
are in construction and what
 saldana talking
about perhaps they were not
getting the resources from
the university of texas
programs, perhaps they are,
perhaps they are not but
there may be specific needs
this the construction

I wanted to get a sense how
big a construction business
was relative to to small
businesses that it's your
job to take care of.

>> That's a very good

Because the dsmbr focuses on
the construction industry
and procurement of
construction procurement,
our department has not
focused on that at all.

We're just not experts in
the construction industry
[inaudible] procurement.

That is entirely up to

So the documentation and the
programs have been citywide
and would not suffice for
any type industry.

Some construction companies
do come, but the course work
which you have seen in the
past is in some cases highly
technical as to how to do
social media marketing, how
to expand to a second
location, how to do business
planning, which as i
understand it is completely
different from the training
that's provided by the
[inaudible] contractors.

>> Spelman: Sure.

Some of it, on the other
hand, would be very broadly

How to write a business
plan, which I imagine a
construction contractor
would need to know.

Small business accounting,
quick books I want immediate
I can't tell introductory,
so on.

It's looking a the the class
it seems there is a lot of
stuff a construction courter
would find valuable.

Would that be a fair

>> Yes, that would be a very
fair statement.

I think [inaudible]
construction contractor or
retail or whatever the
company is do need that set
of skills.

And so it is the -- the
course work from the
university of texas of
course does cover that

>> Spelman: Miss leafy, do
you have something you need
to tell me?

>> I just wanted to state
that we do have construction
firms that do attend the
business classes that we

Our focus is developing
businesses and not
necessarily procurement, you
know, helping them reach
procurement and access
government contracts.

>> Spelman: That would be
a very specific nature, it
would be extremely important
to some businesses.

>> Very much.

[captioning disconnect].

>> One is customer
satisfaction and the other
is in actual attendance.

And over the last three
careers the customer
satisfaction rate has grown
from 92%, 94 to 96%.

We did open the contract for
competition initially about
four years or five years

We were dissatisfied with
the production as well as in
the area of efficiency as
well as effectiveness that
the highest customer
satisfaction rate that we
received in those years was
at 87% or 86%.

So that was one bucket.

The other bucket of
performance measures we
actually looked at was the
usage, that is class

And we've experienced over
the last three years a 73%
increase in attendance in
our classes.

We've grown from 581
participants in fiscal year
'09 to more than 1,000 last
fiscal year.

We were able to deliver more
than 4500 training hours
this particular fiscal year.

So we're anticipating with
this interlocal that we will
be teaching or reaching
1,000 students per year.

>> Spelman: Has anybody in
your shop tried to go back
to businesses after they've
taken the class, maybe two
or three months later to see
whether or not they learned
something which they were
actually able to put to use?

>> Yes.

We go back every year we do
an annual performance
survey, if you will, and we
ask them as a result of
the -- as a result of the
services that you use
through sbet which includes
the training did you
experience what we label as
productive growth.

And one of those christ is
increase in the number of
people that you've hired,
did you use a new
technology, did you move
into a larger space.

In other words, anything
that our services that they
help you grow.

So we do that on a regular

We do that on an annual
basis toward the end of the
calendar year.

This group of people who
take the classes, they also
are surveyed.

We're going to be
trafficking more
specifically I think through
the african-american
resource commission has
asked us through
councilmember morrison's
office as well as she has
asked us to track
demographics in the
participants in the classes
which we're not currently
capturing, and we will be
capturing that data.

And we will also then be
tracing and doing more
intensive followup with
those particular individuals
to see, you know, what the
productive growth was
specifically on the
african-american community
and probably the minority
businesses in the classes.

>> Spelman: This is a
tantalizing thing that you
are giving me.

You are telling me all the
things you have done but you
are not giving results.

Do we have results is this.

>> The results beside the
fact the number of
businesses have experienced
productive growth?

>> Spelman: Tell me that.

I don't think I got that

Got lost somewhere along the

Maybe other people on the
council got that.

I got 96% of the people
saying they were really
happy they attended the
classes and attendance was
way up.

Beyond that evidence of
productive growth in terms
of people, new technologies,
new business sites, I didn't
get that part.

>> I have it, I didn't bring
my performance measure
report back with me to
council, but I can certainly
give you that information.

>> Spelman: Could you
qualitatively describe it
for me?

Is it good?

>> Oh, it's very good.

How many jobs --

About 200 or 300 jobs were
created as a result of the
services that we delivered
through our sbdp -- I'm kind
of at a quandary because i
don't have my report with

>> Spelman: The exact
number is immaterial
relative to getting it

200 Jobs about right.

>> Small businesses owner
that go through our services
are generating jobs, people
are starting businesses that
come and use our services
and they are also entering
into new markets.

We had several of them that
have started taking their
markets globally.

We've had businesses that
have come here that are u.s.

Businesses that are now
expanding into global

We've seen growth and

>> Spelman: If we're
talking just a very rough
cut, half a million dollars,
and we're getting 200 jobs
out the other end for half a
million dollars, that's
$2,500 a job.

Which is not bad for that
one-time investment.

And that job presumably
would continue for several
years afterwards so we're
not having to pay $2,500 a
year, we pay $2,500 once for
a class and get jobs out at
the other end.

Sound very good to me.

Is that what you are talking

>>> 156,000 Per year.

The total.

>> Spelman: Okay.

And over what time period
are we talking about 200

>> In a -- I would say
probably a year.

Our small businesses
generate jobs annually.

When I said 200 jobs, that
was one fiscal year.

>> Spelman: And this is
participants in this program
are generating 200 jobs.

>> Right.

>> Spelman: For $150,000
we're getting 200 jobs.

That's less than $100 a job.

That sound better than
chapter 360 agreement.

>> Well --

>> Spelman: 380 Agreement.

>> For every $25,000 of a
sba loan they expect you to
generate one job.

>> Spelman: That's good to

Except facebook was cheaper
than that.

I'll give you that.

I have more questions but i
always have more questions,
mayor, I should probably be
quiet and call the question.

I move approval.

>> Mayor Leffingwell:
Councimember spelman moves

Is there a second?

I guess I should ask if
there's any objection to
calling the question.

Hearing none.

Are you the second,
councilmember morrison?

And let me just ask one more
question about this.

[Inaudible] and those are
very good statistics, but
obviously satisfaction with
the program and I think I'm
on record a few minutes
earlier as saying how
important I think small
business is to the city.

But we've heard some
concerns and I would just
like to know if we have the
ability to go to the
contractor, the university
of texas in this instance,
and say we would like for
you to include a little
training on this or that,
whatever deficiencies might
be identified.

>> We can identify and
earmark a session or two or
have a session that would --
within the contract amount
specifically targeting
construction businesses.

>> Mayor Leffingwell:

And I think we should always
be willing to talk to
people --

>> absolutely.

>> Mayor Leffingwell: --
who have complaints about
deficiencies and be willing
to change the program.

>> Yes, sir.

>> Mayor Leffingwell:
Thank you.

All in favor say aye.

Opposed say no.

Motion passes on a vote of

So we'll go now to item 39,
if there's no objection,
pulled by councilmember

There are no speakers.

>> Martinez: Item 39 is
regarding some of the
multi-family structures that
have integrity problems
forcing property owners to
shut down buildings and
folks to scramble for
replacement housing.

This item just directs the
city manager to help us as a
community and as a council
come up with a strategic
emergency response plan
moving forward.

When and if those incidents

As I mentioned at the last
councilmember meeting, a
Was really laying some
warnings to me that we will
see more moving forward
because of the aging
infrastructure and the way
that construction standards
Properties were built.

What I wanted to do was take
it further because we know
that catastrophic incidents
don't just happen to
multi-family complexes, they
also happen to folks in
single-family homes.

And so we don't have, shall
we say, a hardship
application process.

A family recently lost their
entire life-long contents in
a house fire.

Children were in school,
lost all of their
schoolwork, really created a

They had to find temporary

And then they had a house
that was about to fall over,
they needed to move forward
with rebuilding and, of
course, because of the
wonderful times that we're
having in terms of
development they were put in
a cue of a severe waiting
period just to demo their
house and to get started on
rebuilding their lives and
rebuilding their homes.

All I'm asking is for a
brief amendment.

You should all have a copy.

If you don't, pass one down.

It's one whereas and it says
whereas single-family
residences may be impacted
by catastrophic event such
as a fire or flooding.

Any new policy should also
help those residents get
back in their homes as soon
as possible and/or begin the
rebuilding process.

Then one other resolve that
 in the event of a
fire, flood or other
catastrophic event,
homeowners should have the
opportunity to apply for
hardship consideration to
allow expedited permitting
and building.

Not every home that burns
down necessarily creates a

It could be through
negligence, through some our
means that the event

So I want to staff to help
us come up with the best
policy for that hardship

That's the amendment.

I'll move approval and
hopefully the seconder will
see that it's friendly.

>> Mayor Leffingwell: I'm
going to take your motion to
say you move approval of
item 35 with the
modification that you
just --

>> Tovo: I'm going to
second it.

>> Mayor Leffingwell:
Seconded by councilmember

I think it's item 39.

>> Mayor Leffingwell: Is
there any further

>> Tovo: I just wanted to
ask staff about this.

I guess my first question
 smart if
he's here.

>> Carl smart, director of
code compliance.

>> Tovo: Thanks for being
here and I know you had an
opportunity to talk with --
talk over the resolution
that's on today's agenda.

Does this amendment concern
you at all, extending -- as
I understand it, I think it
would just be tied to the
expedited demolition and
building permit.

>> It does not.

We are already working with
stakeholders and
interdepartmental tasked
teams to look at an
effective tenant
displacement policy.

Councilmember martinez is
correct, we've been having
some difficulties, issues
with multi-family complexes
where they have structural
collapses that's been

And as a result a lot of the
tenants are being displaced
so we're having to take some
immediate action, immediate
response to deal with that.

So we are okay with the

may be able to respond also
because you are talking
about hardship for
expediting permitting for
those particular cases.

>> Tovo: Thank you.

>> We're okay with it.

>> Tovo: guernsey,
would you minue weighing in
on the expedited permit if
you think that's applicable.

>> Yes.

Right now we already offer
an ex permitting dated
permit review process where
homeowners a catastrophe
might occur, a gas leak,
middle of summer and their
air conditioning unit goes

They had a waterline break
or a major sewer backup that
would occur in the house or
something structural.

It could be stairway in the
house or if there is a
failure, we already have
provisions that are built in
the code to do that.

I think what councilmember
martinez is suggesting and
we can certainly look into
that and work and see what
we can do to help those
homeowners where there's
probably more than just a
simple loss, where the
individual has to leave the
structure and it's not a
matter of fixing something
in it, it's more probably
rebuilding and taking and
looking and see if we can
come up with a similar
provision for those I guess
catastrophes that may occur
through no fault of their

>> Tovo: Thank you.

And I just wanted to say i
really appreciate the work
 smart and others in
our other -- in various
other city departments have
been doing to come up with a
really well integrated
response plan to meet the
needs of the families who
have been forced to relocate
very quickly from the
woodridge apartments and
also los palmos and this is
attempt to make sure we have
community stakeholders
speaking with staff and
asking any feedback they

I have an opportunity to
speak with several of them
who had been assisting
residents at both site and
they had ideas and feedback
for staff and I appreciate
your willingness to -- you
know, your responses and
feedback on the resolution.

I think that the work that's
already gone on is very good
and extremely important, as
councilmember martinez said.

Unfortunately, this is a
circumstance we may see
again in austin and it's
really important that the
city be able to respond
appropriately and to make
the disruptions in the lives
of those tenants as little
as possible to make the
transition into more
permanent safe housing as
easy as possible for those.

Thank you.

>> Mayor Leffingwell:
Other comments?

All in favor say aye.

Opposed say no.

Passes on a vote of 7-0.

And council, before we take
up the next items, which
will be 27 and 28 together,
at -- after the second
reading on these items i
suggested that the council,
since we've heard the
discussion and public
comment, so many times in
the last few months, that we
would -- I was going to
suggest that we limit
discussion to 15 minutes per
side on these two items

So if there is no objection,
you might want to huddle.

I don't think there's too
much more than that
scheduled, but if there's no
objection, we'll allow 15
minutes for those for, 15
minutes for those against.

With that we'll go to those
for first.

Henry gilmore.

And if you want, you can
restrict your comments to
either or both of these, but
we are taking them -- public
comment for both at the same

>> Yes, mayor.

Thank you.

Mayor, members of the
council, I'm henry gilmore
representing lone star cab.

For the record, I'm
supporting lone star with
approval of item 28, but I'm
also supporting item number
27, that item as well.

I understand that there may
be some consideration of
postponing this for another
30 days and respectfully,
council, we would request
that the council not
postpone this for another 30

And just approve this item
on third reading today.

We have -- this item has
already been delayed to lone
star's detriment.

Council, when you approved
10 months ago awarding lone
star 50 official permits
last december in two phases,
30 permits in february and
the remaining 20 in june,
the first phase of 30
permits was delayed by a
postinger ron and didn't get
finalized until april, which
was after sxsw.

The second phase of the 20
permits was spoked to be
awarded in june, well in
time for acl and the f1

Because of significant
delays, lone star will miss
the benefit of having these
20 cabs on the street for f1
and acl and won't be able to
place the cars into service
before january 1.

Additional delays just work
to lone star's detriment.

Council, the reason this
item is before you is
because lone star was
underpermitted from its

Having three healthy
competitive taxi cab
franchises should be of
paramount concern to the

Otherwise you are
encouraging a monopoly for
one franchise that not only
takes away choice for the
traveling public but
eliminate the choice drivers
have to work for another
franchise which may have
better equipment, better

Lone star has been asking
for 75 additional permits
for over two years now
because it's been
underpermitted from the

This item represent your
recognition that the city
didn't award lone star
enough permits from the
inception and represents a
one-time adjustment in order
to allow the company to
effectively compete in the

Council, this is an
expensive, bewildering and
frustrating process for a
small business like lone
star trying to compete.

Not only does lone star have
to compete with other
franchises, but it competes
with pedicabs who don't have
the insurance costs and
maintenance obligations,
compete with limo services
and capital metro bus
shuttle services and now
helicopter flight to and
from the f1 race.

Solomon is asking for a fair
chance to compete and even
though it's the smallest
franchise, lone star
channels into technology and
we've made a substantial
investment in the latest
technology where every new
vehicle is equipped with a
navigation system with audio
turn by turn direction.

This is state-of-the-art --

>> Mayor Leffingwell:
Sorry to interrupt.

That is three minutes.

Maximum of three minutes per

If you want to wrap up

>> Council, I just ask that
approve this on third

>> Mayor Leffingwell:
Thank you.

If you want to just start
over with three minutes,
I'll just keep track and add
those up to 15.

So the next speaker is joan
cabelli for and donating
time bertha means.

Is bertha means?

There she is.

So you will have six

And that will be --

>> yes.

I'm in support of austin cab
receiving 10 additional

In order to meet the
reporting requirements of
the city and in order to
improve our company's
service not only to our
passengers but also to our
drivers, we are going
through the process of
making a costly investment
in a state-of-the-art
computerized system.

It turned out to be a much
more complex and costly
exercise than we could ever
have imagined.

And it's almost impossible
for us to plan and budget.

We've been waiting almost a
year since december of last
year to find out if we're
going to get the additional

In a way we're piggybacking
off of lone star because the
practice of the city has
been if the smaller
franchises [inaudible].

After all we've been in
business for almost 29

And we've never had an
opportunity to be given
additional permits because
we have too few permits.

We started with too few and
we had too few for many,
many years.

And now that lone star has
this great opportunity, the
city has felt that, yes,
austin cab should have
additional ones at the same

We shouldn't just stand
still and then eventually we
are even.

We've been working for many,
many years.

So the reason I'm saying
it's difficult to plan and
budget is that there's
certain things with this
computerized system that we
really need to purchase, but
if we know we have these 10
additional permits which has
been approved on first and
second reading and this is
the third, then we can say
yes, we can afford to add
this little feature which
will enable us to know where
our cabs are at all times.

A very important feature in
order to meet the city's

And so hoping this would
come through, we've gone
ahead and have the software
purchased but there's
several other features we
need to purchase.

And if we know we're getting
these 10 additional permits,
then we can go ahead and
invest in those additional
features that will satisfy
the city and our own
requirements as well.

It's been a long time.

It seems we've come here so
many times.

And we were patient when
lone star had to redo its
first and second reading.

A few months ago we said,
okay, we'll wait because we
realized that we're getting
additional permits because
lone star is getting
additional permits.

And both of us are in the
same position, small
companies trying to improve
the technology.

In the city's case it's for

In our case it's so that we
can get our drivers better
contacts with the dispatch
system so that our customers
will be able to find out
which -- we will know
immediately which cabs they
left their purse, their
wallet, their cell phones.

I mean, there will be so
many benefits foru
passengers as well as our
drivers as well as our
company and the city.

So it's been quite -- quite
a long wait and we d hope
that these additional
permits will come along.

And I believe the last time
I stood here, we found out
that perhaps austin cabs has
been short changed a little

Perhaps lone star ha been
short changed as well
because this is almost a
year and we haven't even
looked at the need -- the
need for additional cabs
under the old system, the
old formula.

And I remember somebody
saying that, oh, yes, austin
cab is a little behind, but
I don't have the figures on

So, of course, that
additional income can enable
us to more quickly meet the
requirements that the city
is putting on us to improve
our dispatch system.

>> Mayor Leffingwell:
Thank you.

There's a total of six
minutes left on the for side
so -- and I have a total of
seven speakers signed up so
only two more speakers are
going to be allowed to

 casa, is
there any objection to --

Go ahead.

You have three minutes.

And there will be three more
after you.

>> My name is solomon

Mayor and councilmembers,
I'm speaking in support of
additional service to lone

I don't want to repeat what
[indiscernible] and prepared
to speak today but due to
the lack of time we're going
to keep -- true and genuine
feelings lone star cab.

What lone star cab means to
them and how the
[indiscernible] changes
their lives.

I would like to point out
first the memo from
transportation department
indicated [indiscernible]
materials are not included.

The driver income was in a
positive way.

We all know without any
doubt [inaudible] will
significantly increase.

We can argue about drivers'
income the whole day but we
may not reach a [inaudible]
because we don't know the

Our city has the lowest
unemployment rate in the

This is because of the great
policies and direction we
have given over years.

For lone star cab, the
additional permits are about
creating a job opportunity.

My second point is about

Lone star cab includes --
per week this year.

Mayor and councilmembers,
you heard me saying that a
company has give back
thousands of dollars to

You also heard drivers'

As of today, each of those
drivers of the 30 new
permits received 1,800 which
is total of 54,000 over the
last four months.

The [indiscernible] and have
stayed the same since then.

We also don't have any plans
to increase for the next six
months even though we made
huge investment in

The $60 per week increase is
absolutely [indiscernible]
because we never had 190
settlement to begin with.

Last week I attended the
94th international
conference of -- para
transit officials.

That will take lone star cab
service to the -- not only
improve service but generate
drivers' income.

The pilot program will begin
next week on 20 vehicles for
one month.

At the completion --
remaining will be made.


Critical to our operation.

[Buzzer sounding]
thank you very much.

God bless you.

>> Mayor Leffingwell: I'm
just going to go in order.

If you want to pass, just
give me a signal you want to
pass in favor of somebody
else, but there's only three
more minutes of speaking
time on the for side.

Next speaker is gabrielle

He's going to take the three

And that will be all.

>> Good evening, council.

Gabrielle anya.

One of the beneficiaries you
give to lone star cab.

Since you gave that my life
has changed.

I have the rest of mind
because of the management

The policy that allows us to

Also I have had good
compliments from customers.

Customers say we respond
more rapidly than any other
company in austin.

I think that lone star needs
more -- because they have --
looking for jobs.

I don't see why -- I've
driven for other companies
in austin but lone star has
been the best.

We need more permits also
because customers are not
getting cabs on time.

During the rush hours of the
morning, there will be a lot
of trips -- they need cabs.

The afternoon rush hour,

Why can't they get more

[Inaudible] need jobs to
balance it I think we need
more cabs for customers.

Thank you.

>> Mayor Leffingwell:
Thank you.

Now, we also have more
speakers signed up against
and neutral than we have
time for.

And so if you want to pass
in favor of somebody else,
signal me, otherwise I'll go
in order.

I'll give you the names
first, thomas marksit,

Ly, david kelly, dave pass
degrees more, daniel ija,
and virga de.

Demera and clay dafoe.

The first speaker is thomas.

He is passing.

Joseph ily.

And joseph, you'll be
allotted three minutes.

>> Good afternoon, mayor and
members of council.

I'm here as part of the taxi
drivers association of

I request that you vote
against the extra permits
for the fact that drivers
are working longer hours and
making less money due to the
impact study.

If not we request you
postpone and study the
the third would be for
austin city council to fix
the problem created by the
earlier council created with
the unequal distribution of
taxis by reducing the
outstanding permits by 10%
when the permits come at the
end of the year.

Please consider the impact
of your decision on working
people in austin.

>> Mayor Leffingwell:
Thank you.

David kelly.

And you have three minutes.

>> Thank you, mr. mayor.

Members of council, I'll be

Concerning the 30 extra taxi
permits, the other day we
got the impact study and all
the data is clear, right?


It's a very complicated

But there are a couple
statistics that stand out
and I would like to point
them out.

One is the average income
per taxi down almost 6%.

Almost equal to the extra
amount of taxis put on the

The other is the taxi hours
on duty, which w

And no matter how or why
that this is off, I know the
festival was a different
month last year, but still
that's a 14, almost 15%
increase in time worked.

More cabs -- I mean will
always cause this percentage
to go up.

The more cabs there are, the
longer it takes to make the
same amount of money.

[One moment, please, for
change in captioners]
I'll bet you most of them would
say no.

As we have contended in the
past, the drivers, at 13-66 an
hour with 600 to $700 in
expense, that is less than
minimum wage and we feel like
that happens at least half the

The festivals are good, yes,
football games are good, but
those are only a few weekends
per year.

That's all I have for you today.

Please vote no against 30 extra

Thank you.

>> Dave.

>> Good afternoon, may, I don't
council members, city manager.

My name is dave fastmore,
current president of the taxi
driver's association.

Today I'm here before to you ask
you, sir, please do not issue
these 30 permits.

We are more than willing to wait
for the council to get the
additional numbers to come in so
you can see what the numbers are
actually reflecting.

Right now, based on the numbers
show the driver's income is
already down.

If you need the other numbers
and you need the extra time, we
are more than willing for you to
wait to have the numbers so you
can actually see the real impact
that this is having.

Thank you so much for your time.

Have a great day.

>>Mayor leffingwell: thank you.

Not here.


You will have three minutes.

>> Thank you, mayor and thank
you, council members.

My name is verga, the taxi
driver's association, and i
stand before you today that you
will vote no against these 30
permits because, first of all,
it would -- again, this is a
formula, second of all, you, the
council members set a goal of
impact, the growth you set for
yourself, and the impact study
shows the growth for the drivers
is down, so, for that reason, i
think you should -- the council
should stick to your rule to
vote this thing down.

Another thing is you know, i
hear a lot about minority

Yes, minority business help the
drivers 900 -- over 900 drivers,
a small minority drivers, which
most of them are immigrant, they
came here for, like, american
dream like anybody else.

When you take the driver's
income and add more permits on
the street, that means you --
the council is reviving or
making vibrant the few owners
minority company and the cost of
majority-minority driver's

So, I ask that you vote no to
these 30 permits and I ask you
to vote no again.

Thank you.

 so, one
more three-minute segment.

Left with the against, signed up
neutral, you have three minutes.

>> Thank you so much, austin
city council, thank you so much
for being here, drivers, on both

This is a very important issue
in our city that the council has
been mulling over now it seems
like every two or three months
there's more permits being
considered or an appeal or
something of that nature, which
leads me to believe, which was
my initial inclination when i
first saw this topic on the
agenda over a year ago that
austin city council shouldn't be
regulating permits at all.

These drivers are hardly making
ends meet, and as they were
telling me outside the chamber
here earlier today, it is very
difficult to make a living
minimum wage even driving a cab
in austin, texas, working 12 to
13 hours.

So, I think we need to listen to
the working class people of this

I'm one of them and proud to be
it because it is the backbone of
america and they're being
ignored in our government,
local, state, federal.

I just wanted to add to the
discussion that austin city
council is creating these

Now, these companies are
franchiseees of the city, as i
understand it, why aren't they
their own business with their
own right to do what they want
it seems pretty change.

You don't see franchise
businesses serving ice cream.

Amy's ice cream isn't a
franchiseee service, maybe at
the airport, seems strange.

I would like to see the drivers
form their own companies and
their own small business, then
we could have 10, 15, 20 taxi
businesses have real competition
in this industry in austin
instead of this highly
monopolized, yellow cab enforced
duopoly, tripoly, whatever you
want to call it.

Look at pedi-cab, they're
regulating fair business, unfare
to the taxiways, even though
they have a cartel of their
known yellow cab, it is unfair
to them because these other
companies, electric cab, now the
bikes are going through the
ringer with the pedi-cabs and
that is wrong.

We should go back to the
founding fathers and what they
advised, let freedom work its
magic and maybe some of these
drivers can go out and form tear
own companies and make -- form
their own companies and make a
decent wage and reinvest in the
city of austin.

Whether they build a house or
give money to another business,
that's how the economic growth
works and that's what we want.

I want to see them succeed like
they want and anybody else in
any other business.

I think this is the wrong thing
now to add more permits.

You need to go back to the
entire permit scheme and
reconsider whether this it s
good for our city.

Thank you.

>> That's all the speakers.

There are a number of other
speakers signed up before or
against, either not wishing to
speak or timed out so those are
all the speakers we have.

And, we'll take them separately,
separate motions.

Item 27 first.

Is there a motion on item 27?

Council member spelman moves
approval on third reading, item

Second by council member

All those in favor, please say

[Chorus of ayes]
council member morrison.

 thank you, I wanted
to make comment because I was
very interested in the
discussion that we had at work
session about looking at these
numbers that had come out and
the fact that we didn't have
really an equal footing in the
numbers we were looking at
because we included the month of
acl in 2011, but not in 2012.

And, so I was really going down
the path of thinking that maybe
it would make sense to delay and
wait until that I would support
delaying and waiting until we
get octobers so we could look at

But, on the other hand, I really
didn't want to do that because i
know this has just been in front
of us for to long.

, So I went back to see if i
couldn't get some meaning out of
the numbers.

Did I take a look at number -- i
did take a look at the numbers
again and looked at september
and that's where we get thrown

When you exclude september, it
is interesting, what we have,
for instance, income per cab,
the tdaa folks in their report
said it had gone down by 20% but
that's only if you look at
september so that's not really
something that makes sense to me
to do right now because
september is when there was acl
in 2011 and not in 2012.

If you look at the staff, they
report it went down by 6%, and
that's when you include

If you look at just july and
august, it is actually positive.

As I looked at all those numbers
again, I decided it really does
make sense to go forward today,
you know, another month of
waiting, another month of data,
it just going to be more
juggling around.

I think being committed to
really the, as we discussed, the
viability and strength of all
three franchises, I will be
supporting this motion today.


>> mayor.

 I will just
say that -- and I think I talked
about this at the preview -- on
second reading when we had a
discussion period that I'm very
concerned about the complaints
that the drivers have, and i
think we need to take another
look at this and I personally am
committed to saying I'm not
going to address any more
franchises or any more drivers
for these franchises until we've
sorted this out, and so i
suggest that we get busy on

In a year or so, this subject is
going to come back again.

But, it will catch up, the
numbers will catch up to where
we are right now.

I know we're using some reserve
positions and so forth, and i
think it's something that we
have to pay some serious
attention to.

The other issue that we
discussed some in the work
session was we need to have some
effective limitations on duty
hours for cab drivers, and this
is so the system can't be game,
so someone can't work almost 12
hours and take short break and
come back on again.

I think this is a safety issue
we have to address that, as

>> May york I have mayor, I have a couple

 mayor pro

>>Cole: thank you, gordon.

I know this has been a long
process but I just need to be
clear on a couple of things.

The formula we are deviating
from the farm la in these
addition -- formula in these
additional permits.

Can you give me an estimation
what that formula is or educate
us on the formula and how it
would have worked.

>> As far as we're concerned,
the formula still continues, is
that I believe for this year the
formula would have said 51.

We would have put some permits
into reserve.

The other permits would have
been available for the

We're currently above that curve
and our recommendation to the
council would likely be reduced
until we get back to the curve,
over the next, hopefully, year
or two.

The data we have at this point
with population growth and taxi
operations at the airport would
say that this year, it's not
going to be anywhere near 51.

In fact, it will be pretty flat.

But, we still don't know what
the impact is of formula one,
what that kind of operation
might do.

We certainly know there will be
a lot of people flying in and
potential taxi trips from the

>> Well, when we originally came
up with the formula, there was a
rationale behind that to balance
all these interests, and so now,
to the extent that we're
considering deviating from that,
I'm trying to make sure that we
haven't abandoned that in the

And we've heard from the
drivers, and I'm very concerned
about the issues they have
raised and I appreciate the fact
the acl has not been included.

Maybe if they were included
maybe there wouldn't be as many
of these problems, but still,
the interest of the drivers and
owners and the business and the
new festivals that we will have
to be considered in some type of
systematic fashion, so you're
still planning to use the
formula to make the
recommendations to council, is
that correct?

>> Yes.

And we have a precedent because
previously, when roy's taxi went
out of business, we kept the

We went above the line for a bit
with the additional permits that
were provided to austin cab, and
then, we slowed the growth so
that we got back on the curb

 so, the additional
permits that we are considering
issuing today are with your

>> I'll say they're with --
they're in accordance with the
council action of last december.


>>cole: that's kind of scary.

I guess when I say with your
recommendation, having been
professional staff working with
these issues and knowing that we
have the concern of the drivers
at stake but it was really due
acl taking that out of
consideration that, in the
future, as you balance the
interests and you make
recommendations to council,
you're not feeling like the
action we're taking today is in
any way putting that in

>> I think we've heard
throughout this discussion the
last few months is the council
would like to go back and look
at the formula, how we derive
the formula, how we use that in
the future and we and staff are
looking at that now.

 what we and staff are --
I should ask it differently.

What wear doing today is not
preventing from you looking at
the issues thus far and they do
need to be tweaked because we're
still having some trepidation.

>> We understand that yes.


>>cole: thank you.

>> Mayor.

member tovo and then council
member spelman.

 I want to be very clear,
the formula would have issued 50
permits this year?

>> That's correct,.


>> So with the previous
allocation, austin received 15,
lone star received 30.

The formula would have yielded
19 and 19 in reserves so we've
taken some reserves and
allocated them to the two
franchises which was an action i
supported for the reason some of
the speakers today have
articulated because do we need
to have three viable cab
franchises, I think that is the
best interest of the community.

But, what we are contemplating
today, to get back to mayor pro
tem's question, takes us beyond
the number of permits that would
be released in the formula so
there's no confusion, that takes
us beyond the 53 that would have
been allocated this year through
the formula.

>> That's correct.

 so we can say we're
going to follow the formula in
the future, look at the formula,
but the action today goes beyond
the numbers that would have been
released under the annual

And, again, I just want to
verify something we talked about
the other day, but in this
period of time, we also had
several rate changes, correct?

Rates per mile went up 10-cents?

>> Yes.

The fare was increased a couple
of different elements in the
fare, and we also implemented
the council action to allow,
during the evening hours,
additional sir charge for
passenger -- surcharge for

>>Tovo: thanks.

There no doubt this is a
complicated equation to figure
out but we know there have been
some increases that should have
resulted in cab drivers taking
home more income per hour.

The numbers we have before us,
flawed though they are because
they don't have acl, reflect
that they're taking in less than
they have in the past.

And we know they're working 14%
38% more, you know, and
I'm not sure how that would be
different by acl, once the acl
numbers are factored in or not.

We all hope november is going to
be a great month, but cab
drivers have to work 12 months
out of the year and not rely on
acl and things like formula one
to make their payments.

And, I completely agree with the
mayor's point, I think safety is
a very considerable, a very
important issue to consider and
I'm not sure that we're
enhancing safety when we are
being presented with information
that suggests that it is very
difficult to make a living as a
cab driver.

And, I don't think individuals
out there working 16, 18-hour
days are trying to game the
system, I think they're just
trying to feed their families
and pay their bills and to do
that requires them working in
excess of what most of us would
consider to be a normal day's

And, a safe, you know, a safe
working condition.

So, I'm not going to support the

I would, if I thought I would
get a second, pronice we at
least take some time to see the
next couple months of numbers
and see if that makes any
difference and allows us to have
any -- well, I'll just make that
as a substitute motion, we
postpone this today and take a
look at the next few months.

I understand and -- I understand
it's a hassle for all of you who
is v come out on this side of
this issue multiple times and
posting errors and timing issue
that needed to be extended for
lone star and matched up with
the permits and it has taken a
long time to resolve this
question but taking another
month or two is important.

I'm going to move we postpone
this meeting until december.

>> Substitute motion by council
member tovo to postpone until
the first meeting in december.

Let's see what that is.

That would be the 6th of

Second by council member riley.

Is there any more discussion of

>> Mr. mayor.

member spelman.

 I was going to hold
but I may as well address the
original motion and substitute

I would ordinarily support a
motion like that.

We would only have to wait about
month, we will get information
on this acl issue.

I wasn't sure the acl issue was
figured out.

But almost exactly the same
analysis council member morrison
did, you should never allow two
people who know how to do
calculus and statistics to sit
next to each other.

We did the same thing
independently and came up with
the same answer which is that
acl appears to increase the
amount of paid mile, passengers,
total fares between 25 and 30%.

We had that in september last
year, we're having it in october
this year, so in 15 days or
thereabouts, we will get the
information for october, which
I'm pretty sure is going to show
there was 25% increase in paid
miles, passengers and fares,
relative to october last year
when we did not have acl.

That seems to be to be
consistent with what we know
about acl, what we know about
cab demand, and I don't feel a
need to wait a month for us to
make a decision with that in

Let me say one other thing, and
this is actually a question
since you're close by the mic,
and getting closer by the

The argument in favor of this is
not because it is in the good of
the cab drivers or the good of
the cab companies, it is
primarily because it is good for
the public.

The public is going to get
better service on having 30 more
cabs on the street.

Lone star and austin will be
able to afford a better dispatch

If those 30 cabs just gets in
line at the airport, we're not
doing the public any good at all
because nobody has to wait for a
cab at the airport and all we're
doing is adding to the queues
and substantialing from income.

This those cabs are going to
hotel cab ranks or picking
people up around 6th street it
might be the public's benefit
because people won't have to
wait so long for a cab, but if
it is going to a radio dispatch,
it is almost certainly for the
public benefit because people
aren't going to have to wait so
long for a cab to pick them up.

What will happen to not
necessarily these 30 cabs but
how the lone star and austin cab
operations have changed or will
change with the addition of
additional drivers.

>> We have some data, at this

We know from talking to the
airport folks that only two of
the additional lone star permits
have signed up to serve the
airport, so, the rest are
finding trips elsewhere.

So, some of that will get
secondary data to support that
as we move forward with
electronic dispatch and
electronic reporting.

I think we will have a much
better feel about where all the
trip ends are and times of the
day so we can start to craft,
over the next year or so, some
policies to mike sure we got --
make sure we got service that
matches up with the demand.

>> When will we have access to
those electronic data?

>> Two of the companies
currently and the third is
moving towards that rapidly, so
I think by the beginning of --
by january, we should be getting
monthly reports that will have
more detailed information that
we can track things like special
events and see the exact
day-by-day activity.

>> Go ahead.

>> So, I think that better data
and our better understanding of
the operations will really help
us to craft this in the future
and strike that balance between
the franchises, the drivers and
the people who do need taxi
trips in our city.

>> Let me ask you a real
specific question.

Are you saying two of the three
franchises are now providing
electronic data?

I've got 252,000 trips,
presumably paid trips, taken by
cab in september 2012.

Is there a way of breaking down
that 252,000 to figure out how
many of them came out of the
airport, how many of them came
out of people flagging down a
cab in the street or a cab rank
and how many of them were

Is there a way of finding that

>> I believe in the data and
word changes in our data
requirements and franchises so
we can get that information.

>> Okay.

>> So, they should have it
within their -- be able to
gather that.

We're asking them a lot more
specifics about time of day and
method of the trip was
originated so we can get that.

Because, as we know, you all
want more data to be able to
look at.

>> The reason I want more data
is base because I want to verify, if
we ever go here again, I can
verify the public has benefited
from any decision we make,
whether it is more permits or
fewer permits or moving them
around and the only way I know
to do that is look at the origin
of those permits.

The airport, cab rank or

We will have those data going
forward but we do not have those
data going backwards, never my
first choice, but the evidence
we've got from the lone star
folks and the austin cab folks
is sufficiently compelling to
make sense to do this here now
and we will be able to verify
this is the right thing to do
going forward.


 and I'll
just say that council member
spelman makes an important point
that I think bears repeating in
that what this is also about,
and really justification for it,
is service to the public.

This whole initiative, and now i
think this is -- we've heard
public comment and had this item
before us withins last year at
least 12 times so I think the
issues are framed but it has all
along been about creating a
viable third franchise.

The numbers, as you pointed out
will catch up, in a year or two,
back on schedule with three
franchises and, as I've said,
without justification that i
don't know about right now, i
would not support deviating from
the formula again, whatever that
formula might look like in the
future, now that we are about to
establish three viable

So, with that, the vote is on a
substitute motion which is
postponement to december 6.

All in favor of that, say aye.

Opposed say no

>> That fails on a vote of 2-5
with martinez, myself, spelman,
cole voting no.

And that brings us to the main
motion which is to approve on
third readings additional
franchises for lone star cab.

All in favor of that, say aye
[chorus of ayes]
opposed, say no

>> That passes on a vote of 5-2
with council member riley and
tovo voting no.

 now that
takes us to item 28, same item,
additional franchises for austin

Council member spelman moves
approval on third reading.

Second by council member

Any further discussion?

All in favor, say aye.

[Chorus of ayes]
opposed, say no

>> That passes on votes of 5-2
with council members riley and
tovo voting no.

And, so, we were through our
morning agenda, except for item
77, which can't -- item 7, which
can't be heard until after 4:00.

So, that takes us to our zoning

>> Mayor and council, greg
guernsey, planning, development
rain view department.

I'll run through the items I can
offer through consent today, the
public hearings are open,
possible action.

First I am I would like to offer
for consent is number 43.

This is for the property located
at 902 houston and 5527 sunshine

The staff and the applicant are
both asking for postponements of
these items to your november 8

Item number 44, the property
located at 828 houston and 5527
sunshine drive, staff and
applicant are requesting
postponement of these items for
one week to your november 8

Item number 45, case c
01, prompt located
at 5536 to 5540 north lamar
boulevard, postponement request
by staff and am dance year
november 8 agenda.

Item number 46, the property
located at 19 and 10 1/2 wichal

Post is postponing to -- staff
is requesting postponing to the
november 14 agenda.

Item 47, property located at
2905 dell kurto road and 1814
light c road and -- excuse me, a
neighborhood request for
postponement to december 6 on
this item.

Item number 48, property
locating at 11003 fm 3333, to
grant the gr-co combined
district zoning with conditions.

Ready for consent approval on
all three readings, item 49,
prompt located at 416 west
11th street to rezone the
property to downtown mixed use,
central redevelopment district.

Planning commission's
recommendation was to
unanimously approve the downtown
mixed use combine cure zoning
district, ready for consent
approval on all three readings,
item number 50, property located
at 408 west 11th street.

Zoning case request to downtown
mixed use, dmu-cure, combined
district zoning.

Planning commission
recommendation was to grant the
cure, ready for consent approval
on all three readings.

Item number 51, property located
at 300 east 5th street.

Staff is requesting postponement
of this item one week, we're
still working with the applicant
regarding issues regarding the
restricted covenant so we will
ask a one-week postponement by
staff on item number 51.

Item number 25, the property
located at 7600 wynne lane,
rezone to family resident, sf-3
district zoning.

Zoning and platting commission
recommendation was to grant the

I spoke with the applicant, he
did sign in to speak but he is
happy if you allow this item to
gone consent and will wave
speaking on this item.

The last item, item number 53,
for the property located at 2707
hemphill is a discussion
postponement item.

>> Council member morrison.

>> I do have some questions
about 49 and 50.

I'm having a hard time figuring
out which exactly is which and
what the future holds for each
one, so just in order to answer
my questions, if we can pull
those off consent, please.

>>Mayor leffingwell: okay.

So the consent agenda for the
zoning items is to close the
public hearing -- excuse me,
postpone item 43 until november
8, postpone items 44, 45 until
november 8.

To postpone item 46 until
december 13.

Postpone item 47 until december

To close the public hearing and
approve item 48 on all three

Postpone item 51 until november

And, to approve item 52, close
the public hearing and approve
on all three readings, item 52.

Is that creditis that correct?

>> That's correct.

>> I'll entertain a moment to
approve the consent agenda.

All in favor, say aye
[chorus of ayes]
opposed, say no.

That passes on a vote of 7-0.

So, council, we can now move to
our -- to postponement
discussion item, which is item
number 53, and I understand that
there -- staff may be requesting
a postponement and the applicant
opposes so we will hear -- I'll
give you three minutes to talk
about the request for
postponement and the applicant
will have three minutes to
discuss why he opposes

If we don't hear the postpone --
if we don't approve the
postponement, we will hear the
case tonight.

>> Good afternoon, mr. mayor.

Mayor pro tem, council members.

Historic preservation office
planning and development review.

Staff is requesting a one-week
postponement on item number 53
to the historic zoning case at
2707 hemphill park.

Just this week, we have heard
from curby house school in the
same general neighborhood they
are interested in obtaining this
house and relocating it to a
property they own in the same
neighborhood, on the corner of
29th and hemphill park, so
about a block away.

The board members of kerby hall
went through the house just
yesterday, they are having a
board meeting this weekend and
staff is requesting a
postponement to november 8 to
see if we can work this out.

If this is, we would drop the
historic zoning case upon the

So staff believe as one-week
postponement will allow this to

If this doesn't happen, we will
proceed with the case on
november 8.

>> Mayor?

member martinez.

 I just wanted to
ask, if they decide to take
this, won't we have to deny
historic zoning anyway for it to
be moved?

>> Staff would change the
recommendation, we will
recommend relocation.

>> So why wouldn't we proceed

It has a valid petition, I don't
believe it is going to be zoned
historic, why wouldn't we
proceed with the assurances
nothing would happen to this
house until after this week
kirby house board meets.

>> I think it would be cleantory
allow this association meeting
to take place it just occurred
starting monday, it is very new
and thing would be a cleaner
process to postpone the public
hearing on this case for a week
to see if kirby hall is actually
able to accept this property or
accept this house on its

>> I understand.

Can I ask the agent
representing --

>> he's going to make a
three-minute presentation

>> So speak to that in those
three minutes.

>> Members of the council, I'm
here on behalf of the owner of
the house.

First, let me tell you this
process has been going on since

The offer has always been out
there to allow somebody to come
move this house, and of course,
it as always happens, somebody
at the very last week says which
might want to do it.

Here is my client's commitment
to you.

If the vote today is to not zone
it historic, and we get our
demolition permit, we won't
exercise under that demolition
permit for at least 30 days so
that if the kirby lane folks
decide they want to do this,
they will have time.

Why is it important for us not
to postpone is because it is --
it balls up the whole system.

You're dealing with a fraternity
house, nonprofit it, they can't
do anything until they know the
outcome of this case and it
balls up and keeps going and
going and going and has since

In the case of a university use
when you lose a week here, week
there, it turns into a semester,
and so the owner would like to
get on with it.

I don't believe it's historic.

John has got a very good
presentation to show why it
shouldn't be zoned historic, the
neighborhood doesn't think it
should be zoned historic, we
would like to be cut loose today
with the commitment we won't
exercise under the demo permit
under the agreement that we
won't do anything for 30 days if
kirby lane decides they want the

member martinez I think kind of
summed it up, it doesn't make
any difference if we hear the
case today or we hear it next
week, it's still got the -- the
historic zoning still has to be
denied if the house is to be

>> That's correct.


So, I'm having a hard time
seeing the conflict here.

>> I have a question for them.

I'm trying to speed through my
e-mail here.

I thought that we had a request
from one of the neighborhood

I don't know if it was an
official request from an
association or just an
individual who is part of a
community development
corporation within the area but
have we received an official
request from any of the
neighborhood associations for
postponement today?

I know several of the neighbors
think it is going to be
postponed and were supportive of
postponing it.

>> Nothing beyond the e-mail you
received from the central austin
community development

>> Would you consider that to
be -- I mean, I would consider
that to be an official request
for postponement from a
neighborhood group, which we
typically honor from a
neighborhood group and I would
suggest do we so today.

That awethat's true but either way you
look at it, I think it should be

 suttle, I have a question
for you.

Was your client aware when they
purchased the property it was a
1915 structure?

>> I don't know the answer to

He knew it was old.

>> That I ask because --

>> it obviously was old.

I can tell you that -- I don't
know the answer.

Do you know the answer?

>> We better get one of the guys
up here.

 we have to
get you on the record.

>> Kent collins, speaking on
behalf of the purple owl house

The fraternity sold the land to
the brown family in 1914 for
them to build their house.

We've owned the surrounding
properties that at one time went
from 27th street to 29th
street beginning in 1906.

>> Okay, thanks.

I think that says to me, more or
less --

>> we purchased the property
back from the them from 1995.

>> Thank you, mr. collins.

The reason I ask that question
 suttle point the
out they've been in process
since june and I think that's
pretty consistent with what
happens if there is going to be
a historic zoning case and if
you purchase a house that is
almost 100 years old or
structure that is almost 100
years old, I think you all the
to expect that there lab city
process to consider whether or
not that house is historic.

It is one of the values we have
in our city, and you know, you
don't -- no one in the city has
right to automatically demolish
a house or a structure that is
that old.

So, I take your point you've
been in process a long time but
said say another week to allow
this piece to be figured out is
really appropriate and I would
honor the staff request to
postpone it a week, as well as
the comment that we received
from the central -- from the
individual associate with the
central austin community
development corporation asking
that we allow that dialogue to
take place before in essence,
enabling the release of a
demolition permit.

>> I second council member
tovo's motion.

>> Motion by -- did you make
motion to postpone until
november 8?

>> I didn't but I should have.

>> Spelman.

Let me just say, I'm not going
to support this, and there are a
lot of reasons.

One, I think there is general
agreement there is a valid
petition and this property is
historic zoning is not going to
be granted, and even if the
property is moved to another
location, historic zoning has to
be denied.

There is also the fact that, on
this, we have the rare
concurrence with --s -- as i
understand it,s adjoining
neighborhood association.

I don't know if that has ever
happened before but I certainly
want to take advantage of this
opportunity to exploit it if
that's the case, so I won't be
supporting a motion to postpone.

Mayor pro tem.

 I would just like to say
that it's not very often that
staff comes before us and asks
for a postponement and we
routinely give a postponement at
the first request of either
side, so I will be supporting
the postponement simply because
it is for a seven-day period and
I don't think that will be undue
hardship and it is the first
request for a postponement.

other -- council member

 the motion is to
postpone, right?

I'm not going to support the
motion to postpone because i
truly believe the so you can
going to --
the outcome is going to be the
same either way so it is
reasonable to move along with

I appreciate the staff wanting
to be more formalized but we
know where to find you guys.

member riley.

>> I have a question for you.

A couple times I heard the
comment we couldn't move this if
it were historic.

Haven't historic homes been


>> yes so we could move it and
we've done that before and no
reason we couldn't do that

I wanted to get that straight.

I've heard to the contrary
several times.

I have a question for someone
representing -- it is not the
applicant, but the, I guess it's
the owners.

>> I went by to look at this
property this weekend, one thing
is to consider the way the
property relates to the
surrounding area and then the
extent to which it contributes
to the surrounding area.

It was a little hard to see
that, because when I went by,
they were, as you know, there
are vehicles that are parked
immediately in front.

Parked occupying the entire
space, not only the sidewalk
area but jetting into the

So, if you're trying to walk
down the street, you're forced
by those vehicles out into the
middle of the street just to get
around this property it struck
me as odd because eight vehicles
parked in front in the way I've
described, just looked around
the side of the house, there are
nine empty parking spaces around
the back and the side of the
house, just struck me as odd.

I guesses question I'm getting
at is, just for my own peace of
mind with respect to the future
of this site, I just want to
gauge, if this property were to
go away, whether it's to be
moved or demolished, could we
expect that whatever replaces
this building might overissue
something of an improvement in
terms of a pedestrian
environment or would the
paternity continue to completely
prevent any pedestrian activity
in front of this site?

>> We're getting a little bit
into the discussion of the case
here instead of discussion of
the postponement but you can
relate it to the postponement,
go ahead and answer.

>> Very briefly, there would be
two levels of underground
parking which is the reason why
we're pursuinginging this addition, if
and when you do hear the case
regardings removal or demolition
of the house, yes, the addition
would con ten van much more, --
contain and have much more
parking and we would have a
sidewalk and open space, which
doesn't exist today, you're

Pedestrians and others are
forced into the street and it is
a little bit of a dangerous
curve right there because you
have guadalupe and the park and
a bit of a blind area,
especially for pedestrians.

>> Okay.

Well, mayor, I will say that i
do have concerns about it case,
I think we need to give it
careful attention but I don't
know that circumstance will be
all that different one week from
now so I think this case has
been pending for some time and i
understand the need for a timely
action on this, so I won't
support the postponement.

>> So all in favor of the motion
to postpone, say aye.

[Chorus of ayes]
and, those opposed say no.

So I believe that motion fails
on a vote of 4-3 with myself,
council member martinez, council
member morrison and council
member riley voting no, so we'll
hear the case.

Before we hear the case, it's
00, and I understand
that there are a number of --
don't go too far away, this is
going to be real quick.

There are a number of cases on
00 public hearings that
are going to be withdrawn or

If we could go through those so
that anybody that's waiting for
those to go home, we'll go
immediately back to this.

>> Thank you, mayor and council.

I can go through some of these.

Item number 54 and 55 both deal
with cheer up charlie's, the
owner, I understand they're out
of town.

It is the property owner's first
request regarding these two
there was no date specified for
the postponement.

You could consider your next
meeting as a possibility based
on, when I say I've been called
out of town unexpectedly and
respectfully request a
postponement of items 54 and 55.

Tamara hoof every, owner of
cheer up charlies.

member morrison, you have a
question about that?

>>Morrison: I have a question.

Are there people in the audience

Are neighbors notified this was
likely to happen?

 john plyler
because he was the appel land
only the other item laws laura

>>Morrison: okay.

 if you have
objection to postponing that on
consent, november 8.

Okay go on to the next.

>> Item number -- I can't.

Number 56.

Item number 57 is a public

Item number 58 is a

This is an item dealing with
outdoor ampitheaters.

Staff is requesting postponement
of this item to december 13.

I understand the planning
commission is now back in the
sub committee and they're
discussing ampitheaters again.

Items number 59 and 60 speak to
the university neighborhood

And staff is requesting
postponement of both of those
items to just next week, along
with item number 60, which has
to do with special exceptions.

So 59, 60 and 61 a postponement
to november 8, and item number
58 postponement to december 13.

>> What was the last one?

>> Item number 58, postponement
to december 13, item 59, 60 and
61 to november 8.

>> If we can, we can take all
those in one motion to postpone
items 54 and 55 until november
8, postpone items 58 and 59 --
excuse me, 58 until december 13,
59, 60 and 61 until november 8.

>> So moved.

 mayor pro
tem so moved.

Second by council member

All those in favor, please say

Opposed, say no.

Passes on a vote of 7-0.

Now we can go back to item 53.

>> I'll turn it over to our
historic preservation officer.

>> Can we get our presentation
up here, please?

This case is historic zoning
case recommended by the historic
zoning commission but not the
planning commission.

It ises will reallied by staff.

It is c14h-2012-0009, the leroy
and josephine brown house.

There is a photograph of the
house, built in 1915.

Good view of the side there
showing the dutch or flemish
gable on the side, which is one
of the things which makes this
house unique in the city.

I want to first talk about the
process, because the process has
been under question, at least at
the planning commission and go
through and make sure you all
understand everything was done
according to the book.

The demolition permit for this
property was filed on june 4,
2012, under section 2011-213f.

An application has to be placed
on the landmark commission
agenda within 45 days after the
date of filing.

Application was filed june 4.

It was placed on the plan mark
agenda june 25.

The landmark commission
initiated the historic zoning
case with a vote of 5-0.

It would come back for a

It came back july 30, 2012, but
there was a question of a quorum
in order to decide the case, and
the case was postponed to august

On august 27, the landmark
commission recommended historic
zoning by a vote of 4-0 with one
member recuesing.

I knew that we were going to
have a membership issue here, so
I asked the law department to
clarify this, and because the
landmark commission has to take
action on an application in 75
days, we were questioned whether
we could go to a regular hearing
on this or a special meeting.

The august 27 date is 63 days
after june 25 so we're well
within the 75 days that the
landmark commission has to make
a recommendation about the case.

Code requires a vote of
two-thirds of the members of the
landmark commission and historic
cases with opposition.

August 27 there was one recuesal
and two absent members.

The vote was four in favor of
historic zoning and one

The recuesal of cause reduced
the number of the members of the
hlc for purposes of determining
the super majority requirement,
so it was two-thirds and it was
a legal vote.

The house is being recommended
for its -- or is being
recommended for designation
because it meets two criteria.

The first for architecture, and
I put the code language up on
the screen for you.

The property with the
distinguishes characteristics of
a style, type of method of
construction, displays high
artistic value with folk art or
construction or represents a
rare example of an architectural
style in the city.

Here is the brown house.

It is dutch colonial revival,
these are the walls that go up
and cover the chimney.

This form is a variant.

There are two forms, the first
that we're all very familiar
with is a gamblo house, a two
move story house with lam
barn-like roof to it and that is
the general interpretation of
dutch colonial revival but this
sort of architecture we see on
the brown house is much more
akin to the real dutch colonial
from colonial times,
architecture you find in new
jersey, new york, pennsylvania
and delaware.

And this featured shaped
paparets, you can see one from
the netherlands and one from
belgium, this is a distinctive
style ornamentation.

This architecture came over to
the new world.

Another shot from curacao.

This is a house in new york
built in 1662 and shows the
flemish gable on the sides of
the house.

The old princeton bank and trust
company in princeton, new
jersey, one of the most exunion
pacific rant forms in the united
states, and this is the only
other house in austin that has a
flemish gable, located at the
corner of east 2nd and waller

You can see it is a brick house,
one story of the flemish gable,
the own one.

Clearly, the brown house meets
the criteria of architecture.

A good example of its particular
style, it is a rare form within
the city.

As I said, these are the only

The owner of the property who
filed the application for
demolition talks about other
examples of -- colonial revival
in austin, but pointed out these
gamble roof houses, which are
also dutch colonial revival but
not the same variety.

Here is one on enfield road,
niles road, parks avenue.

You can see it forms the side

They have also said that it is
not the only example of shaped
parapet in austin but the only
other examples we have in this
city are on spanish colonial
revival houses.

These are both landmark

One is on bonnie road.

This is the only walsh house,
definitely not the same sort of
architecture, and the one on the
bottom is at 30th and
washington square, which
everyone remembers to as th
alamo house because of the
shaped parapet.

But that does not make it dutch
colonial revival, the two are
not necessarily together.

Our other designation criteria
involves historical association.

Again, I'll read from the code.

The property has long standing
significant with persons,
groups, individuals, businesses
or events of historic importance
that contributes significantly
to the city, state or nation.

Talk about the long-standing

This house was built in 1915.

Leroy brown lived here until his
death in 1966.

51 Years.

His wife had passed away in

She lived here for 44 years.

Here is a photograph of
dr. brown.

Let me talk briefly about his

Dr. brown was born in indiana.

I have to get to my notes here.

And, joined ut's department of
physics in 1912.

He was a very prominent
professor of physics at ut until
Has two points that really make
his life and contributions and
associations with austin and ut
extremely important.

Excuse me.

First of all, he established the
first radio station in austin in

And, it was known as kut and I'm
going to say right now and
repeat it, this is not the same
kut that exists today.

That was founded 10 years later.

But, the first radio station in
austin was known as kut, it was
on the university's campus.

As first, all they broadcasts
was crop reports and things like
that, but it was the infancy of
radio and the first commercial
broadcast station in austin, if
not all of texas.

Second of all, he invented a
high speed mechanical calculator
which he called the multi
harmonograph in 1939.

This high speed mechanical
calculator could perform
multiple mathematical operations
at the same time.

He designed it to solve
technical difficulties, with
telephone and radio networks,
and it could be used to
calculate seismograph

Here is a clipping from
dr. brown's obituary in 1966.

You can see he gained worldwide
recognition for building a
high-speed mechanical

The machine was, in some ways, a
forerunner of modern digital

He serves as professor of
physics until his retirement.

This is from the university of
texas memorial resolution which
the university puts out after
professors pass away.

This goes into the fact that he
built the first broadcasting
station in austin, which was
first known wcm, later known as
kut, and also conceived and
built the complex mechanical
harmonic synthesizer
and analyzer which led to the
development of modern computers.

Finally, from the handbook of
texas, which is put out by the
texas state historical
associationing, the entry on
radio in texas, it says
university of texas physics
professor built radio equipment
and began broadcasting radio and
crop reports from a physics
laboratory on the ut campus in

They used the call letters kut,
it then went to the division of
extension who used brown's radio
equipment and then thats would
ut, ended up selling that radio
station it then become know
which was broadcast from the top
of the norwood tower.

Then, kut as we know it today,
was founded in 1925.

I want to make sure there is no
is associated with is not the
kut of today.

So, staff believes, as did the
landmark commission that this
house has the requisite
 brown for
over 40 years, 50 years with
 brown, over 40 with his

It is a very, very rare example
of this type of architecture in

It meets the two criteria that
are necessary for this body to
consider it for landmark

Staff and the landmark
commission both recommend
historic zoning for this

>>Mayor leffingwell: thank you.

Before we hear from the
applicant, if there is no
objection, council, I would like
to lay this on the table just
for a minute to recognize some
visitors that we have from

Which is our sister city.

We had a little celebration on
monday night recognizing the
20th anniversary of our city
sister relationship with the
city of koblin, executed by then
mayor bruce todd, and I believe
the burgermiddle easter is not
here but the deputy is here.

Would you stand up so we can
recognize you and appreciate
your visit to austin.


>>mayor leffingwell: all of you.

Thank you.

Very long and mutually
magnificent relationship that
we've had with the city.

So, now we will hear from the

We normally get five minutes.

You got a donor so you can take
up to eight minutes, if you
would like.

>> Thank you, mayor.

we're not the
applicant, I'm here on behalf of
the owner.

>> You still get eight minutes.

>> Thank you, I hope not to use
it all.

Here on behalf of the purple owl
house corporation and fiji

Let me say how thankful we are
after being in this process in
june and literally begging for
someone to help work with us to
find a relocation option for
this structure.

We heard from council member
riley's office, someone had
gotten in touch with his office
and put us in touch with the
good folks at kirby hall school
and we had a wonderful meeting
with them yesterday.

We showed them the house.

We took them to see the lot --
I'm sorry, they showed us the
lot that they are considering
for the house which is at 29
hemphill park and it looks very

Really, the only contingency is
them doing their due diligence
on their ability to, you know,
make the financial investment in
the structure, but we're very
excited about it and looking
forward to working with them on

Let me give you a little context
on the case that is before you.

This is the registered texas
historic land market that is
home of the fraternity at 27th
and hemphill park this structure
was built in 1902 and it was
purchased by the fraternity in

The reason we're here is because
we need to relieve pressure off
this historic structure.

This property was registered as
a texas historic landmark in
1972, that is before there was a
city of austin historic program,
so the fraternity, which I think
was a wonderful -- as a
preservationist, is a wonderful
move for them to protect their
own structure.

If other fraternities had done
that at the time, it was not a
popular thing to do, it would
really increased our inventory.

But, it speaks a little bit to
why we're here.

We don't have the act to
redevelop an add on to this
property in the way that we
would if we were not designated.

So, that's why we got into the
permit process here.

The addition that we're talking
about would be to the rear of
the property, and it is
consistent with the neighborhood
plan, existing zoning and the
neighborhood nccd district.

If we were to retain the
structure, it would really make
the act to do the addition, it
would really take that away, and
that is why you see neighborhood
support for this.

There are components in this,
including two levels of under
ground parking, 26 units for
members of the fraternity to
live, study halls ax party room
for lack of a better word that
is enclosed, which I think the
neighborhood sees as improving
the ambience in the

The texas his historical commission
has looked at this plan because
it is a registered texas
historic landmark and they've
approved the addition, stating
their appreciations new facility
would lessen the intensity of

They're in support of the
demolition permit as are
neighboring property owners.

Over 650 individuals submitted
letters and got in touch with
either the historic landmark
commission or pc in support of
what we are' asking for, and
today marks, I guess, the triple
crown for us involved with these

Not a single person showed up in
support of historic zoning at
the historic landmark
commission, at the planning
commission and from miss gentry,
I understand no one is here
today in support of historic

>> I have mary engle signed up
in favor.

>> Well, her letter on behalf of
the neighborhood --
 if she is
here, schedule her.

You're in favor of historic

You're signed up in favor.

We'll correct that.

>> Thank you.

The triple crown is preserved.

Thank you.

 sadowsky made mention of the
vote at historic landmark
commission, and not to get
bogged down in legalities, just
to say this is the first
historic zoning case you've sign
since 2006 where we adopted the
provision you have four votes
sending it up.

Your planning commission
unanimously recommended against
historic zoning.

This is the -- this gives you an
item of how the lots are

The structure to the bottom in
orange is the historic
structure, and so the ability to
kind of redevelop or add to the
property in that area is
severely impacted by the

The hatched area at the top is
where the addition would go and
the red area is the brown

There is a nonhistoric portion
on the back, and that's in blue.

This is a shot, congratulations
 sadowsky for getting the
shot without the cars.

It is typically double stacked
with vehicles.

Another shot of the structure.

Again, it's a neat and
interesting structure and
certainly has character.

Here'ses side view.

You can see the nonhistoric
addition there to the rear.

But, let's look a little more
closely at the criteria.

The property designates
significance in at least two of

he is asking you to embrace

It is a rare example of dutch
colonial architecture in austin.

I'm working off the report he
submitted to the land mark
commission and planning
commission and to you in the
back-up, so this is what the
basis of the recommendation was
made on.

Again, the code provisions says
it needs tore recognized
architectural style and rare
example in the city.

As he told to you, there are a
number of dutch colonial revival
structures already and they're
already protected they're within
your inventory.

That is 11 niles road, 1205
enfield and 217 sparks, which in
the bark-up, -- back-up, when
that was adopted by council was
described as an excellent and
rare example of the dutch
colonial revival style of

This is a picture of that house.

This is the schmidt house, just
a little north of eastwood park,
right by the law school on
sparks avenue.

This is the kind of
quintessential dutch colonial
revival structure with the use
of the dormers and the flaired
eves and the grammable roof.

This is another one here on
niles road which also shows
those --
-- provisions of those uses.

But, then, washington square and
the parapet on that.

I ran through eight minutes?

 that was
your time.

Believe it or not.

>> Okay.

>>Mayor leffingwell: thank you.

>> Okay.

 unless miss
engle wants to donate her time
now you want to speak for

Mary engle is the next speaker.

>> Good afternoon, council.

My name is mary engle and I'm
the token representative from
north university neighborhood
and it is always good to have a
neighborhood representative at
one of these types of hearings.

The neighborhood actually wrote
a letter of support for the
redevelopment of this property,
and notice I don't say
demolition of the property.

And we're really hoping it can
be relocated, however, we didn't
discuss that as a neighborhood.

That's something that kind of
turns out at the end.

But, as many of you know, or
maybe don't know, not everyone
in austin has the good fortune
to live with a fraternity in its
midst and boundaries, its
neighborhood boundaries, and
this also presents some
challenges for those of us who
live with fraternities.

We feel that the proposed
development for the fiji house
will actually provide quality of
life benefits, like under ground
parking and parking is a big
deal for us, and it will also
have an indoor party room, which
will mitigate some noise that we
have problems with.

So, all in all, the benefits
outweigh saving the structure as
a historic structure in tact,
however forecast it could be
moved that would be most
preferable, and I will say in
defense of the city staff, yes,
this is a unique structure, the
architecture is unique, but is
it a landmark?

And that's something that you
determine the, architectural
guidelines don't dictate, but
you determine that.

I don't think it is a landmark
but I think it is kind of cute
and unique and it could provide
somebody a great structure.

Thank you.

>>Mayor leffingwell: thank you.

Those are all the speakers that
we have signed up.

All speakers were against, so
I'll entertain a motion on this

Pro tem cole.

>>Cole: I had a question.

I believe you said that the thc

Can you basically tell us what
happened there?

>> The texas historical
commission is charged with
looking at any addition to a
registered texas historic

They didn't pass judgment on the
brown house itself, but they
recognized that there was really
no other area for us to develop,
except in that area.

So, they have review authority
over anything that happens on
that property.

 okay, so they support
your intentions?

>> Yes, ma'am.

>>Cole: okay.

member riley.

 just a follow-up on the
question I was asking

I just want to be very clear
about this.

If the fraternity is allowed to
redevelop this property, can you
describe what kind of pedestrian
environment we could expect to
see there along that sidewalk?

And ski this because it is
significant in terms of the
affect on the neighborhood of
losing that house and replacing
it with something else, so i
just -- I would like to get some
clarity on that.

>> Yes, and I would like to ask
ken collins to come forward who
is more involved in the design
aspects of this so he can speak
to that.

>> Thank you.

Ken collins.

You saw the photograph ofs cars
and cars that are double parked
there just the nature of going
through the site development
process, we will be basically
connecting a much more
pedestrian-friendly sidewalk
there with trees and the
difference between the -- what
you're seeing today at that very
busy one-way street and what
you're going to see is going to
be much more positive, both for
the pedestrians that are going
to be traveling on the east side
of hemphill park and also for
the people that are using that.

And, we will have an additional
25 or 26 parking spaces so you
will not have -- you will not
have the option of having that
parking situation that currently
exists there now.

 collins, one thing that
puzzled me I saw this past
weekend, if you just look down
around the side and back of the
house in the area that he was
showing in the slides, I counted
nine empty parking spaces there
at the same time that there were
eight large vehicles on
strucking all access across the
front of the house, so I'm pus
he willed as to why -- puzzled
as to why the current users of
the building building would prefer
obstructing the sidewalk opposed
to making use of the year down

The reason I consider that
relevant is it speaks to
whatever we might expect to
replace this building.

>> First of all, there is not
going to be a parking lot three
that on the west side of the
structure, but by custom, what
happened is the employees park
in that lower lot, and so
probably you saw it at a time
when the employees had either
left or weren't there, and so --
and those front spaces are all
taken up, and its eat double
parking that's done.

They all put their keys in a
bowl in the front hallway so you
can move someone else's car if
you have to get out, so that's
just bam custom of the way they
do that, but just the
limitations of the site
development that's going to take
place, they won't be able to do

>> You expect there will be a
useable sidewalk that is clear
of vehicles.

>> Right.

What's going on there in front
of the house, that's not even a
parking lot.

That was basically the front

I mean, I think it might have
ban parking lot for the typing
service, but most of their
customers were walk-in.

>> And you do expect there will
be a useable sidewalk there and
clear of vehicles if the
property is redeveloped?

>> Definitely.

>> Okay, thanks.

 is there a
motion on item 53?

Council member martinez moves to
close the public hearing and
deny the request for historic

Second by the mayor pro tem.

Further discussion?

All those in favor, please say
[chorus of ayes]
opposed, say no.

>> No.

>> Passes on a vote of 6-1 with
council member tovo voting no.

Or two, tovo and spelman voting
no, the vote was 5-2 in favor.

Thank you.

Without objection, counsel
shrill council will
now take up item 49.

49, All the speakers are in

Council member morrison.

 I would be happy to
ask the questions of
mr. guernsey.

 we have
four speakers signed up that
wish to speak.

 oh that do wish to

>>Mayor leffingwell: yes.

They are fall favor but they
wish to speak.

If you would like to ask your
question first, go ahead.

 I would appreciate
it if we can get an overview,
and particularly, do we have
the --

>> I think we have a map.

 yeah, and I just
don't understand which property
is which and which the county is
involved with and all of that.

So I just need a little

>> Mayor and council, I can
offer both of these very quickly
and give an overview.

Item number 49 is case
c-14-2012-0103 at 416 west
10th street.

And, that's at the southwest
corner of west 11th and
san antonio.

The other case, which is item
50, case c-14-2012-0102 at 408
west 11th is the middle of the
block on the north side which is
directly next door, if you look
at the exhibit, there is a green
box and would be the other half
of that and kind of a
reddish-brown roof where subject
tract points up to it is the
smaller tract, but it is right
next door and that is between
guadalupe and san antonio on
WEST 11th.

Both properties are part of
properties that would be
purchased by travis county for
the expansion of their

Their courthouse and the
criminal justice center are
running out of room and they
need additional space.

They are both recommended to you
unanimously by the staff and
commission for dmu-cure zoning,
and there is a letter of support
from judge bisco, which is in
your back up.

Alsoss original austin
neighborhood association is also
in support with some conditions,
which are articulated in your

They have agreed publicly travis
county tax meet the great
streets standards.

I think that was done in a
public meeting before them.

 blake tolette is also -- i
don't think he is speaking for
any association but he was also
in favor of this request.

So, portions of they are in the
capital view quarter, which you
can see, it is kind of the -- i
guess you could says highlighted
area that crosses this, so it is
already restricted.

Building heights, I think, would
only be allowed about 94 feet
height over the majority of the
land being rezoned.

The county not proposing any
change to the capital review
corridor with that, I think I'll
pause, if you have any

member morrison has a question.

 so the dmu-cure is
going to take it to 6.5?

Is that right?

The far?

>> I believe that is correct on
the property at 408 west 11th

The other property is also going
to 6.5.

 and I guess that was
something that didn't quite make
sense to me.

If it is limited to what you
say, 90 feet or something?

>> That's correct.

The construction is going below
grade, all the parking, i
believe, is going to be under

As I understand by the county.

So, you will not have an
above-grade parking garage.

 and do parking

>> No, they do not.

 my question is, how
5 with a 90-foot

>> I believe that is part of the
contractual arrangement between
the property owner and the
purchaser, the county.

It's going to be limited by the
capital view quarters and the
height limits established by the
ordinance, so if they're not
able to achieve that, as long as
they stay within the bounds of
the other portions of the
ordinance, then that will have
no effect.

 and I guess there
was one thing that I understood
maybe came out of a discussion
at the downtown commission about

Are you familiar with the
discussion they had there?

Because it was suggested that
there might have been yet -- i
don't have any problem with
these, but there was a
discussion there was a -- a
suggestion there was another
piece of property that was maybe
just, there was just an interest
in up zoning for the future, but
there was no actual plan for it.

>> Council member, I'm not aware
of that.

I know --
 and the concern that
has been raised is that --

>> the representative on the
case is here and I think I might
be able to address that better
than i.

 that will be great,
and I will let you know the
concern that would have been
raised with that was this is
outside the downtown plan
process, because we don't have
it implemented yet and there was
concern about doing unnecessary
zoning before we have the
downtown plan in place.

>> The downtown commission, our
original request was ddd.

It is currently dmu and they
were looking at the project as a

At the last minute we separated
two tracts from a traffic impact
analysis requirement.

 so they were
considering a cbd request.

>> At that time.

We met with staff and degreed to
the dmu-cure.

>>Morrison: okay.

Thank you very much.

 so, while
you're up there, you are the
applicant so you're entitled to
a presentation if you need it.

>> That's correct.

Mike wilson with garrity and
civil years.

>> We're on 49 and 50, by the

>> We started this process
almost four years ago.

I've got jerry reid here to
answer any questions, as well as
the executive director of texas
pta, kyle ward, and the
president of texas pka, karen

We started this about four years

Originally started out of office
lease but the county chose to
purchase the property instead,
and, at that point, we started
the rezoning request.

>> Mayor Leffingwell:
 slay, I was just advised
by judge biscoe to make sure
that I called on you first
to tell everybody that you
came all the way down from
lubbock to speak on this

So karen is giving up her
time as is jerry reid.

Is jerry reid here.

You're giving up your time,
is that correct?

There is no one issue signed
up wishing to she.

John white meyer is signed
up, but is not wishing to

Councilmember morrison.

>> Morrison: I would like
to make a motion that we
close the public hearing and
approve on all three
readings if we can do at

>> Mayor Leffingwell: One
at a time.

>> Morrison: On item 49,
I'm looking forward to the
county's development plans

>> Item 49, councilmember
morrison moves to close the
public hearing and approve
on all three readings.

Seconded by councilmember

All in favor say aye oppose
said no?

It passes seven to zero.

And on item 50?

Councilmember morrison moves
to close the public hearing
and approve on all three

Seconded by councilmember

All in favor say aye?

Opposed say no.

It passes on a vote of seven
to zero.

>> Mayor and council, that
concludes the zoning items
for today.

>> Mayor Leffingwell:
Let's go to item number 56,
and we are going to be
hearing -- the public
hearing on 56 and we'll
consider 56 and then item

So go ahead.

>> Mayor and council, fred
evans, economic growth
redevelopment services

Item number 56 is a public
hearing on the change of use
of dedicated parkland at
shoal creek beach and the
legal findings for this are
that there is no feasible
and prudent alternative to
the use of the dedicated
parkland, which includes all
reasonable planning to
minimize harm to such lands.

The dates of the public
notification in the austin
"austin american-statesman"

were october 7th, 14th,
21st of 2012.

No mitigation is being
requested for this in
connection with this use.

We do have the related item
7 that would put in place a
license agreement should
this item be approved by
council and that would set
out the parties responsible
for construction, operation,
maintenance, repair and
replacement of the planned

That concludes staff

>> Mayor Leffingwell:
Questions for staff?


We have two speakers signed
up in the public hearing,
clay dafoe signed up

Clay dafoe is not here.

Clay dafoe is here.


You have three minutes.

>> All righty.

This is 56 and 7
concurrently -- together, i

>> Mayor Leffingwell:

>> Thank you.

Yeah, this is to authorize
negotiation and execution of
a license agreement with the
development partner seaholm
power developments to
install, operate, maintain,
repair and replace the
rainwater storage and water
quality system for the
seaholm power plant
redevelopment project
related to item 56.

I'm not going to read that

So we're trying to do an
agreement with the seaholm
power development company,
and rainwater storage is a
great thing.

Again, something I'm a
complete supporter of.

I think it shows true
sustainability instead of
corporate sustainability,
which is united nations
agenda 21 style stuff that
we see in a lot of the
density development, the
cure zoning and a lot of the
things included in the
imagine austin comprehensive
plan, much like the 1928
comprehensive plan, which
moved african-american
people in austin, forcibly
removed them from their
homes and forced them to
live in east austin.

We're going to see it done
in a much more sly indirect
way with the imagine austin
comprehensive plan which
this is related to because
you're redeveloping seaholm
area and it's going to be a
huge chunk of downtown.

I know they're going to
build hi-rise condos.

It will make life more
expensive for the working
class here in austin, texas.

And I'm opposing this deal
specifically because it will
aid and abet in the theft
that's going on with seaholm

So I think if we really
cared about the environment
we really cared about parks,
we wouldn't be tearing down
wooldridge square, we
wouldn't be tearing down
waterloo park and pease park
and be focused on creating
seaholm and the new park of
austin, texas.

And one thing I love about
austin is all the green

When I was living in
minnesota I was really
bummed out because there
were some lakes that were
really nice, but there
weren't really many parks.

And maybe we should consider
making it a park.

I know you guys are already
moving forward with the
infrastructure to develop
seaholm as a major area for
high priced people that
make, you know, 100,000,
$250,000 a year to live in.

Unfortunately I'm not in
that club, but all power to

It's not that we're against
making money, we're against
the special deal which is
going to sellout our
city-owned territory to
developers, to trammell
crow, which you guys did
some months ago.

Unfortunately I was unable
to come that day.

Hopefully we can reverse
course here and vote no and
realize that the seaholm
redevelopment project is a
huge mistake.

Thank you.

>> Mayor Leffingwell: Next
speaker is ronnie

>> I am ronnie reeferseed
and I struggle to keep up
with clay because he is so
articulate and on top of
these issues that I can't
top on what he's saying

I agree that the rainwater
collection is a great thing.

We should encourage that
sort of thing on everybody's

And I also have trepidation
about the imagine austin
kind of agenda 21

We've got to fight that in
every way.

But from an economic point
of view as a poor person,
keep driving up the property
value is driving out people
like me.

And so I would hope that
y'all would just say no to
this for the sake of
preserving more truly
affordable housing.

In our city because it's a
wonderful place to live, but
gosh, if we just keep
jacking up the price, the
cost for every -- all
regular people, you know,
nonmedical mayor types to
make austin their home, it
will make our cultural
environment all the less i
think advantageous to

Rich people are fine.

I don't have anything
against rich people or
development, per se, but
this is a good example of
where we can put our foot on
the brakes a little bit and
just say no, just say well,
maybe not this, maybe not
right now.

That's about all I have.

Thank you.

>> Mayor Leffingwell:

That's all the speakers we
have signed up to speak in
the public hearing.

So we can take up item 56
and then consider 57.

Councilmember morrison?

>> Morrison: I do have
some questions of staff.

>> Mayor Leffingwell:

>> Morrison: I appreciate,
 evans, I know you've
been answering a lot of
questions because this is a
really interesting project
that we're looking at here.

And I wonder do you have
this map?

Could you put this map up?

>> Certainly.

>> Morrison: So we could
just get a brief overview of
what we're talking about

>> Yes.

The affected parkland areas
in the graphic, this is the
southwest quadrant of
downtown, lady bird lake on
the bottom portion and then
the shoal beach park at town
lake is pictures 8ed along

-- Pixel 8ed along there.

And then we have the seaholm
power plant on the
right-hand side of the
tracks and the two parkland
areas affected are the area
between cesar chavez and the
water intake facility and
then a portion of the shoal
beach at town lake park that
is in front of the gables
park plaza redevelopment.

>> Morrison: Can you say
what's going to happen?

You're capturing the water
from seaholm and it's going
into the decommission --

>> I have some other slides.

This is showing the site
again, the seaholm power
plant and the shoal beach
and the water tank facility.

This is the most current
rendering of the proposal.

This is showing the historic
powerpoint and the new
development behind it.

The green area to the right
along cesar chavez is what
we call the south lawn.

And so this planned view is
looking at that south lawn
with the seaholm power plant
on the north side and cesar
chavez below t the seaholm
power plant when it was in
operation relied upon lake
water for cooling purposes,
which was piped underground
from the water intake
facility to seaholm power

There's a series of pipes
and weirs under the great
lawn area, including 42-inch
pipes that extend still
across cesar chavez and into
the water intake facility.

Part of our request would
allow us to use the water
intake facility to release
the air that would be forced
out of the pipes as they're
filled up with rainwater and
allowing us to extend over
there would allow us to
increase the capacity on the
system by about 42 percent
from 223,000 gallons to
about a little over
317,000 gallons.

So that's the first
component of our -- of the
request would be to utilize
the water intake facility to
increase the capacity of the
storage system.

More just to be clear, the
water intake, the pipes will
be capped off.

The water won't flow into
the lake.

>> And I have a picture.

They are currently capped
off from the

And are just visible inside
the I am take structure.

All of these are really
excited about the potential.

The water intake allows for
adaptive reuse that supports
the parks.

We're trying to be careful
not to do anything in this
process that would inhibit
the park's ability to move
that along.

So what we're proposing has
no impact on the exterior of
the building or on the
grounds of the building.

This is a shot from the
water intake facility below
where the pipes are into the

They've been capped off with
the metal plates.

Since they are at the high
end of the straw that forms
the pipes, as they're filled
up with water we need to be
able to release the air out
of the top end so that they
can fill up.

So what we're pro is
what we think is a minimally
invasive addition of pipes
that would connect together
the intake
pipes to another pipe that
already exists in the
building that would allow
the air that would otherwise
be trapped to exit the pipes
and get out of the building.

The schematic shows them in

They wouldn't have to
we think that their
positioning creates the
least interference in the
structure, but we
what the future of the
structure is.

And one thing that the
developer will be agreeing
to is that should the future
adaptive use of the facility
conflict with these pipes
that they would be
responsible for revising the
piping to accommodate the
future use.

We were asked if they could
put those vents out

They would result in a
series of five of these kind
of candy cane tops, which
would either be in the
seaholm south lawn if
stopped there or would be in
front of the intake facility
and that would involve some
trenching and digging around
the trees and also would put
new improvements in an area
that might be needed for the

The second component is--
has to do with this field,
this open field area in the
sand beach -- the shoal
beach park.

This other would be used to
release excess rainwater.

The system that we were
looking at -- excuse me.

The system we were looking
at serves two purposes.

First to collect rainwater
for water conservation
purposes to remove the
project as much as possible
from use of drinking water
for irrigation.

The second part is water
quality to provide the code
required water quality for
the new and impervious cover
on the site.

And to satisfy that it not
only needs to be captured,
but also filtered.

So the second component of
our request is to allow us
to pipe water from the
rainwater collection over to
the shoal beach park and
distribute there for
filtration through the
parkland rather than
filtering it on site and
then taking it straight to
lady bird lake.

The reason we would have
water that would need to be
discharged as a water
quality structure, the code
requires that if it was
topped out during a rainfall
that within 72 hours there
would be enough water
released from this system to
be prepared to accept the
next rainfall.

So the proposal would be to
allow us to type over to the
shoal beach park f to a
sprinkler system that would
distribute any water that
needs to be released from
the system and we would be
doing that during curfew
hours on the parkland so as
not to impede recreational

>> Morrison: If I could
break in right there, that's
one piece that I don't quite

If it fills up, but it's not
completely filled up, and so
we are not forced to release
it, how else is it going to
be -- is it going to
evaporate eventually?

Where does the water go?

>> The water that is
retained in the system will
be used for irrigation on
site for the landscaping,
both in that south lawn as
well as we have about a one
acre public plaza, much of
which is a green roof and
other landscaping around the
project, street trees and
others that will receive --
will be using the rainwater
in lieu of drinking water.

>> Morrison: And as i
understand it, it will also
be irrigating the shoal
beach at town lake park, is
that correct?

>> Yes.

>> Morrison: Okay.

How is that -- it's my
understanding that that's
actually the
responsibility -- irrigation
right now is the
responsibility of the gables
as part of their agreement
to be -- we let t do the
bio filtration piece on

>> That's correct.

That current parkland is
irrigated with drinking

Gables has responsibility
through the public-private
agreement to maintain and
pay the utility bills.

The release from your system
would be in a separate pipe
system, purple pipe, since
it's not drinking water, and
the controller on that
system would be tied to
gables such that they
wouldn't run at the same

And what our system would do
is essentially extend a rain
event on the parkland and
reduce the need for drinking
water irrigation.

>> So you're saying that in
general it won't be used for
irrigation, our system, of
the town lake at the shoal
beach, it's just going to be
released there if there's a
big rain event.

>> Correct.

It would just supplement the
existing system that's on
the site.

>> Morrison: So gables is
still -- that was sort of a
big picture deal that was
made with gables.

They still are going to have
the need to be irrigate irrigating
that land.

>> That is correct.

>> Morrison: And then --

So that helps me understand
it quite a bit then.

And I do -- I guess I do
want to just comment if i
could just break in here,
because I think maybe we've
gotten a big enough picture

But it is a really creative
reuse of some old -- of some
old pipes.

As I understand it, there
are some additional benefits
too in that they will be
capturing rainwater from
some of the public streets
on here?

>> That's correct.

>> Morrison: So that's
actually a positive.

Could you also talk about i
understand that there's
actually some concern about
maintenance and the risk of
damage or repair
requirements that might come
up because of the pipes that
are old and the developer,
as I understand it, is
taking that responsibility?

>> Yes.

The pipes that I showed you
that went under cesar
chavez, if this application
is not approved, they would
be capped there at the
property line and those that
go south across cesar chavez
to the intake building would
be left unused and
unmaintained and

And when we met with the
public works department they
were very pleased with the
idea that some party would
be responsible for ongoing
maintenance, inspection and
repair of those -- that
infrastructure so that it
wouldn't did he grade our
roadway in the -- degrade
our roadway in the future.

That was another benefit in
that the private developer
in carving that into a
system that they have
responsibility for will also

>> Morrison: And as you
mentioned, the developer
understands that we're not
quite sure what the facility
is going to be in the
future, but it's a really
cool facility and hopefully
that it can be something.

And so they understand
that -- and in the agreement
that they will accommodate
whatever it is that we want
them to.

>> That's correct.

>> Morrison: And lastly,
one other thing, there's no
impact to surface -- the
surface, any of our

>> It will extend the rain
event, but we are limiting
the distribution of that
water to curfew hours, so
during non--- when the park
is open, the sprinklers
would not be going and we do
not believe -- based on the
permeability tests that have
been run we do not believe
it would adversely affect
the park use.

>> Morrison: Thank you.

I guess I just want to say
that I'm supportive of this.

I think it's a -- sometimes
with chapter 26 hearings
there is an exchange of

And there isn't any in this
case, as I understand it.

So it's more a matter of
looking at what are the
benefits, the more holistic
benefits we're receiving and
it seems there are very
several exciting and
creative ones, so I'm very
supportive of this.

>> Mayor Leffingwell:
Councilmember spelman.

>> Spelman: Quick

Briefly we're taking water
from the seaholm site and
we're using to to irrigate
seaholm site and also to
irrigate the site next door.

>> Its primary purpose would
be for irrigating the
seaholm site.

It's only when there's
excess water in the system
that needs to be released
that it would be pumped over
to the parkland.

>> Spelman: Approximately
how much of it will be
pumped over to the parkland?

Do you have a sense for how
many gallons?

>> Let's see.

I have that, I believe.

I also have my engineers
here in case I don't.

But the required volume is a
little over 21,000 cubic
feet and that is the maximum
amount that would be -- if
the system was topped out
that's the maximum amount we
would have to release to
free up that required volume
for the next rain event.

>> Spelman: That's the
total amount that's in all
of those pipes.

>> No.

The -- we have over
300,000 gallons.

With approval of this
request we would be able to
increase the capacity of the
system to 317,000 gallons.

>> Spelman: What I'm
really getting at and you
may not know the answer to
this question, but under
ordinary operations given
what our usual climate looks
like, how often it usually
rains, what this would do is
allow us to either
supplement the amount of
water that is used to
irrigate the park next door
or alternatively to irrigate
the park next door with
rainwater -- with rainwater
that would be drained off
from these pipes rather than
with drinking water.

>> Correct.

>> Spelman: Do we have a
sense for how much drinking
water we would not need to
use because we have the
rainwater available next
door at seaholm?

>> I have not seen that

>> Spelman: Has anyone
done that calculation?

Don't hold up approval of
this extremely interesting
item for that, but if
somebody's done the
calculation I would like to

Perhaps more out of morbid
curiosity than anything

>> Jonathan mckee, gary
partners with the civil
engineers with on the

As far as how much we would
actually save, I don't know
that we have a daily
irrigation numbers from the
gables, who is currently
operating that system.

The total volume that would
be pumped thereafter a rain
event is the 22,000 cubic
feet, which is -- multiply
5, whatever the
gallons is.

So that theoretically is
what you would be saving as
far as rain is concerned.

>> Spelman: That's the
maximum amount we could save

>> Correct.

>> Spelman: If you have an
opportunity to do that
calculation, I'll tell
you're I'm interested is
because one of the great
values of this thing from my
point of view is that it
allows us to not have to use
drinking water to irrigate a
public park.

That's always something
which I'm interested in and
if we could put a number to
it and get a sense for how
much drinking water we were
able to save and continue
using for its primary
purpose, which is potable
water, I would like to know
that number.

But I don't need to know it
now, mayor.

I move approval -- to close
the public hearing and move
approval of item 56.

>> Mayor Leffingwell:
Councilmember spelman moves
to close the public hearing
and approve the resolution,
item 56.

Seconded by councilmember

Councilmember riley?

>> Riley: I'm going to
support the motion, but can
I just ask a couple more

Where is the rainwater being
collected from?

Is it the entire seaholm
side or the plant itself?

>> It's within the
development area as well as
the adjoining right-of-way

>> Riley: Throughout the
development area.

So that will include --

>> well, the area that we're
having seaholm power
construct for us.

It isn't picking up -- you
might recall on the gables
park plaza we had to pick
up -- we had the capacity to
pick up the contributing
area outside the
contributing areas.

It's picking up the water
that it's our development
site as well as the
surrounding roads that
they're putting in.

>> Riley: Okay.

So it will be some from the
rooftops, some from the
grounds, it will be quite a

And it will be used -- i
know when there's excess
rainwater it will be used on
shoal beach next door, but
be available for irrigating
the seaholm site itself?

>> Correct.

That's the -- from a water
conservation standpoint
that's the primary purpose
was to provide he irrigation
water on-site.

Because of the water quality
requirements and the next
rain event, that's the
release that we're talking
about going to the parkland.

Rail I'll I appreciate you
showing the photo of the
venting pipes at the lower
level of the intake
facility, but where will it
actually vent out to?

>> There is an existing
pipe -- I'm going the wrong

If you look at the shot on
the lake side about
halfway -- about in the
middle of the building and
you see pipe protruding,
that's the existing pipe
that we would be tapping
into that already exists --
already protrudes through
the exterior.

>> Riley: And last
question just relates to
what we can expect from

The rainwater when rainwater
is stored for some period,
especially if it's combined
with some organic material,
it can actually generate
some smells.

I say that based on
experience with my own
rainwater system.

I know it can get smelly
when the water sits there
over time.

So I just wanted to make
sure that considering the
volume of the storage system
that we're talking about,
which is very significant,
would you expect that either
trail users or future users
of this -- of the intake
building or anyone else in
the area might be noticing
any particular smells
generated by this system?

>> I have not had that
discussion, but I would
invite the engineers back up
to address that.

>> I'm greg strmisky, one of
the principal partners.

I think the turnover rate on
water that we would collect
is often enough that you
wouldn't experience that.

The main events will be
discharged over the parkland
as we discussed within 72
hours or somewhere in that

The rest of it would be
turned over frequently
enough that you wouldn't
have that type of issue.

>> Riley: Great.


So you don't expect the
rainwater to be stored for
any significant length of
time so smells should not be
an issue.



With that I'll be glad to
support the motion.

>> Mayor Leffingwell: Let
me just say I think we've
kind of gotten diverted a
little bit.

This is really a storm water
capture system that we're
talking about that's
required on all development.

It just is a side benefit,
serendipitous benefit, that
we're able to get rid of
this rainwater instead of
discharging it into lady
bird lake periodly after
it's captured, after the
rain event has stabilized,
we're able to get rid of it
in a better way.

So it's not technically a
system that's designed to
capture rainwater and
irrigate, it's a system
that's designed to capture
storm water, which is
something we've had in place
for a very long time.

The second thing is I just
want to reiterate again that
the structure, the intake
structure is not part of the
seaholm development.

We specifically excluded
that when we approved the
seaholm project so that it
would be available for some
kind of other public -- as
another public amenity.

So I just wanted to make
those two points.

All in favor of
councilmember spelman's
mowing say aye much opposed
say no.

It passes on a vote of seven
to zero.

And item 7?

Councilmember spelman moves

Seconded by councilmember

All in favor say aye.

Opposed say no?

It passes on a vote of seven
to zero.

That takes us to the last
item, item 57.

Or do you want to come back
after 7:00 and take this up.

>> I think now sounds good.

Mary and council, I'm larry
rusthoven with the planning
and review department.

Item 57 is to create a new
definition called pedicab
storage and dispatch.

This case was initiated by
the landmark commission.

The reason this case was --
by the planning commission.

The reason that this was
initiated was a couple of
years ago there was a red
tag of a pedicab storage
place in east austin.

Staff was asked to determine
what land use it was.

Contrary to common sense we
determined that it was the
automotive rental land use,
which of course is not
automotive or rental, but to
defend the decision, because
I made it, the reason we
called it that was in the
definition of automotive
rental it used automotive
taxi stand.

If you think about it it is
like an old-fashioned taxi
cab stand.

People go there, pick up the
vehicle and leave.

To avoid calling it
automotive rentals which
made nobody happen, staff
initiated this amendment.

It's allowed in lr, less
restrictive districts and
will be in cbd and dmu.

It's recommended by the of
course and I'm available for
any questions.

>> We have one speaker
signed up.

Ronnie reeferseed.

Three minutes.

>> Thank you.

Yes, I'm ronnie reeferseed.

And I wanted to say --
demonstrate here I'm kind of
mellowing out.

I'm really -- I'm kind of in
favor of this all of a
sudden and I don't see any
real problem with it.

So I just want to be happy
and go along with it.

It's not, you know -- it
rubs me the wrong way in
some ways, but just being
that way, but I really don't
see any point in being
against this.

This is good for everybody,
I think.

I'll cut my time short.

>> Mayor Leffingwell:

Thank you.

So those are all the
speakers that we have signed
up in this public hearing.

I'll entertain a motion to
close the public hearing and
approve the ordinance.

Councilmember martinez so

Seconded by councilmember

And this is on all three

All in favor say aye say

Opposed say no.

It passes on a vote of --
did you have a comment?


It passes on a vote of seven
to zero.

So it would appear that we
have no more items on our

So without objection, we
stand adjourned at 5:20 p.m.

We do have live music and
proclamations to go.

>> Hello, everyone.

We have a bit of a dance
floor here.

Right about there.

And you're all welcome to

And you in the back, we want
to see you clap.

>> Rattle your jewelry.

>> Morrison: Okay.

Welcome, everybody and
welcome to the eggmen.

We're very fortunate to have
them here today.

Joining us are john cuomo,
nigel, davis and basil,
collectively known as the

Originally formed in 1992,
this year marks their 20th
anniversary of the eggmen.

Voted number one for nine
years in the best cover band
category in the austin
chronicle music poll.

The eggmen see themselves as
the keepers of a
particularly important
claim, live performance of
the greatest music of this
century in their opinion.

the band treats the
composer's musical ideas
with a respectful rendition
of the original piece,
playing live versions of
music from the beatles, the
who, the kinks, the rolling
stones and more.

The eggmen researched
musical instruments of the
60's to find their sound and
they haul vintage guitars,
afterwards and drums to
every gig.

They understand how
important the instruments
are in capturing the sound,
tone and feel of that 60's
thing and their liver -- how
do you say this word?

Accuse vents and vocal
ability abilities are
without equal.

Please help me welcome the


>> everyone clap along.

Oh, you're already started.

Here we go.

[ cheers and applause ].

>> Thank you.

Thank you very much.

>> Eggmen.com.

>> Are we allowed to do

Can we say that?

>> Morrison: We have a big
gig coming up.

Do you want to tell us about

>> The 20th anniversary
concert and celebration,
that's what we're calling

This sunday, just in a few

It's at the scottish rite
theater at eight p.m.

com if you want
to find out more about it,
but that is the show to go

We'll have a string section,
horns an special guests and
food and cake, perhaps.

>> Cake.

>> There will be cake.

>> Come for the cake.

>> There will be a party and
a lot of fun.

So please come.

>> We'll see you in 10 more

>> Morrison: And what
about b if they want to get
some of your music into our

>> We're coming out with an
original cd, a new single
coming out on sunday

If it comes through.


>> depending on u.p.s.

>> It was manufactured in
new jersey and we're just
going to give them a break.

com is the place
to go.

com and we'll answer
all your questions.

>> Morrison: That's

And just to close up I have
a proclamation here.

It says be it known that
whereas the city of austin,
texas is blessed with many
creative musicians whose
talent extends for virtually
every musical genre and
whereas our music scene
thrives because austin
audiences support good music
produced by legends, local
favorites and newcomers

And whereas we are
especially pleased to
recognize austin's premier
beatle tribute band as they
celebrate their 20th

Now therefore i, lee
leffingwell, mayor of the
live music capitol of the
world, do here by proclaim
Eggmen day in austin, texas.


>> Thank you.

>> Mayor Leffingwell:
Ladies and gentlemen, I'm
austin mayor lee

I want to welcome you to the
city of austin public
service employee memorial
ceremony for timothy james

(bagpipes playing).

>> Mayor Leffingwell:
Ladies and gentlemen, please
rise for the presentation of
the colors and the pledge of

Present the colors.

Please join me in the pledge
of allegiance.

I pledge allegiance to the
flag of the united states of

And to the republic for
which it stands, one nation,
under god, indivisible, with
liberty and justice for all.

Retire the colors.

Please be seated.

Today the city of austin
celebrates the life of
timothy james louviere and
recognizes his invaluable
service to the citizens of

Tim was a senior pipeline
technician with the austin
water utility and had worked
for the utility for 22

He passed away march 2nd
of this year in an accident
in the barton creek
greenbelt area, and today he
he will be inducted into the
city of austin public
employee memorial.

The city established this
memorial in may 2011 to pay
tribute to all employees who
have lost their lives while
serving with dedication for
the city of austin.

And now please welcome city
manager marc ott.

Mayor, councilmembers,
ladies and gentlemen, the
city of austin is dedicated
to honoring the lives and
service of our friends and
colleagues to this public
service employee memorial.

The memorial contains unique
carvings created by retired
police captain john vasquez.

He's been inspired to embody
the spirit of those
individuals whose lives were
taken all too soon while
providing service to our

On behalf of the city i
extend our heart felt
condolences to tim's family,
I appreciate your presence
here today as we pay tribute
to an outstanding public
servant and remember his
impact on our community.

I also thank you for sharing
your memories and stories of
tim's life so that his
contributions and service
may never be forgotten.

Finally, thank you to the
departments and staff who
have worked on this project.

Your efforts are truly

At this time I invite austin
water utility director and
the austin utility director
george calhoun here for the
unveiling of the figurine
for timothy james louviere.

This likeness will be placed
in the memorial along with
tim's biography so that
future generations may learn
about this honorable
employee who personified the
term public servant.


Now we'll have a few words
from director mazorus.

>> Is an honor to be here
representing all the great
men and women of austin
water, and particularly
tim's family.

I know I spoke today and met
again with his father, his
brothers and sisters, his
wife sandra, their children,
grandchildren and all the
other relatives.

As I look upon the figure of
tim I'm struck not only by
its resemblance to him, but
how it reminds me of the
character and attributes he
brought to austin water.

When you think about tim you
think about hard work, about
quality work, about
commitment, about his

Tim never left a customer in
the lunch.

He never left a customer
without water.

He stayed to finish the job.

He knew the essential
services that we provided
and he was always committed
to that.

Not only committed to that
in himself, but he expected
that of his co-workers, his
managers, his directors,
city managers, mayor and

He made all of us a better
public servant.

I can tell you on several
occasions tim didn't
hesitate to tell me when i
wasn't working hard enough.

[Laughter] but that's what
we loved about him.

He aspired to higher heights
and had us all aspire to
higher heights.

Our customers were better
off of it, our community was
better off for that.

Certainly his dad taught him
the hard work of working in
the sugar cane fields, that
hard work ethic, that was
passed on to your son.

You should be proud of that.

He carried that with him his
whole life.

What we think about the loss
of somebody like tim,
certainly the premature loss
of them and we're all

All of austinites are
diminished with his loss.

Our water utility won't be
quite as customer service as
it was.

Our water system won'ting
repaired quite as high
quality or as fast as it
was, and the list goes on
and on.

Tim added value to all of
our lives everyday, day in
and day out.

And we'll miss him terribly.

We grieve for you.

Austin water, our family
lost a family member just
like you lost a family
member too.

We'll remember tim always.

We'll remember not only his
tough exterior and his hard
work, but his tender heart.

I was sharing with george
calhoun and he told me a
story, george knew tim for
many, many years and told me
a story about how one time
he went out to a job site
and there was tim working, a
cold, wet winter day and tim
was working without his

And george taking an
opportunity to give tim a
hard time, said tim's
where's your jacket?

And tim really wouldn't give
him an answer and said you
know, it's basically none of
your business where my
jacket is.

I'm working without a jacket

well, later it came to
george's attention a
co-worker shared that on
wait to a job site tim saw a
young lady walking down the
road in short sleeves in the
cold wet winter day and he
couldn't bear it.

He stopped his truck, pulled
over, gave her his jacket
and went on to work without
his jacket that day because
she needed it more.

And that was the tender
heart that he showed.

He would never admit that,
he would never tell his boss
that's what happened to his
jacket, but that was what
was in his heart and you all
know that too as his family.

These are all the things
that we'll miss from him,
and we'll remember him

This memorial will always be
there for others in the
future to remember tim and
the high standards he set as
a public servant.

So we honor all of you

Thank you so much.


>> Mayor Leffingwell:
Thank you, greg, city

And now I would like to
invite interested members of
the family to come join me,
behind me at the podium here
for the reading of the
distinguished service award.

Followed by photographs.

So if you would like to,
please come up.

It's my privilege to present
this distinguished service

This certificate is
presented in recognition of
timothy j louviere of the
water utility for his
dedicated service for the
city of austin and its
citizens and above all for
having given his life inhe
performance of his duties on
MARCH 2nd, 2012.

The city established its
public service employee
memorial in may 2011 to
honor all men and women who
have lost their lives while
serving faithfully in their
capacity as city employees.

To celebrate the life of
 louviere and to honor
his great personal sacrifice
on behalf of the citizens of
austin, timothy louviere has
been commemorated on this
day in the city of austin
public service employee
memorial presented this 7th
day of november, the year
2012, signed by myself,
mayor lee leffingwell and
the city manager marc ott.


Who will accept the award?


>> Mayor Leffingwell: Once
again, thank you to tim's
family and friends for your
presence here today.

The city of austin will
always be indebted to you
for tim's commitment to
public service.

And thank you to all city
employees who dedicate their
lives to serving the
citizens of austin.

Thank you very much.

This concludes our ceremony.


>> some of you may not know
that the city council
directly hires, fires and
supervises a handful of

Among those are the
municipal court clerk and
the municipal court judges.

Judges are appointed now for
four years, and we have a
number of them that do great
work for the city of austin
under sometimes trying

So the proclamation reads as

Be it known that whereas
more citizens come into
contact with municipal
courts than any other courts
in the state, so the
public's impression of the
entire judicial system is
largely dependent on their
experience in the municipal
courts, and whereas
personnel in the austin
municipal court and the
downtown austin community
court have pledged to be
ever mindful of their
neutrality and impartiality,
rendering equal service to
all and conforming to
standards set by the canons
of judicial conduct, and
whereas being we're pleased
to recognize our court
personnel, including eight
full-time judges, 13
substitute judges, and one
131 operational and support
personnel, and to salute
their critical role in
preserving public safety,
protecting the quality of
life for area residents, and
deterring future criminal

Now, therefore, i, lee
leffingwell, mayor of the
city of austin, texas, do
hereby proclaim november 5
through the 9th, 2012, as
municipal courts week in
austin, texas.

So congratulations to you,

This is all yours.

Thank you for your service.

and you have the podium.

>> Well, I'd like to thank
the mayor and council for
giving us this proclamation.

Our mission statement at
municipal court is to be the
most effective of, efficient
and impartial municipal
court in the state of texas,
and there are many, from
large cities like houston to
very small cities like

Our court is one that i
think our citizens should
rightfully be proud of.

Our 165 or so personnel that
work there, including the 20
judges, are -- they're

We know that most people who
come to see us are not happy
to do that, but we try to
make the experience as
efficient and as least
wasteful of your time as we

And so we work very hard for

00 at
night, monday through

We close at 6:00 on friday.

We have two substations, one
north and one south where
citizens can conduct their

And so we are looking
forward to our new
courthouse, one of these

and we appreciate the
recognition that the council
and the mayor have given us.

Thank you.


take a picture?

>> Good evening, I'm kathie
toafy, council member in
place 3 and I'd like to
welcome those who are here
to be recognized for austin
adoption day to come up.

We're going slightly out of
order so I apologize for the
short notice.

So november is national
adoption month, and this
provides our community with
a great opportunity to
educate ourselves and our
community about the
thousands -- hundreds of
thousands of children
throughout our world, and
many of them here in the
united states who await
permanent families.

Some of you may know that my
husband and I have been
blessed to become parents
through adoption, so this is
a topic very close to my
heart and I'm so grateful
that we are in austin really
blessed with having so many
individuals and so many
organizations who help
children find families
through foster and adoption,
and also provide services to
adoptive families who live

Today we are recognizing
those who have been involved
in a very special event that
took place this morning
called austin adoption day,
and this is a collaboration
that involves our judges
here, several nonprofits,
and I'll name some of those
groups here in a minute.

And today you see -- you'll
see the faces of several
children who are awaiting
permanent families, and
we're grateful for the hart
gallery of texas for making
these available today to
emphasize and to illustrate
to our community just a few
of the many, many children
who are awaiting permanent

So on behalf of the whole
city council I'd like to
extend our best wishes to
the families and children
who have begun their new
lives together this morning
and a great thanks to the
organizations who are
involved in making that
event possible.

And also to those
organizations for the great
work they do every day for
families and children in our

So to the folks behind us i
would like to present this

Be it known that whereas
there are 100,000 foster
children nationwide and
close to 158 in travis
county awaiting adoption
through child protective
services, with many more
entering the foster care
system each year, and
whereas the austin bar
association, the texas
department of family and
protective service, gardner
bets juvenile justice
center, the adoption
coalition of texas, casa of
travis county, travis county
office of child
representation and travis
county children's protective
services board encourage
more families to give these
children the safe and
permanent homes they
deserve, and whereas, these
groups sponsor an annual
austin adoption day to
celebrate and encourage
foster care and adoption,
and whereas 29 central texas
children joined their
forever families today and
participated in a special
celebration to finalize
their adoptions.

Now, therefore, i, lee
leffingwell, mayor of the
city of austin, texas, do
hereby proclaim november 1,
2012 as austin adoption day.

Thank you.

and I'd like to -- and I'd
like to -- I'd like to
invite judge andy hathcock
one of our travis county
judges to come up and say a
few words, please.

>> Thank you, council member

My name is andrew hathcock,
I'm an associate judge for
the travis county district
judges, and with me here is
marie chanow and sally
campbell from the adoption
coalition of texas.

Denise hyde, who is the
chair of the austin adoption
day planning committee.

She put all this together
and helped get everybody
organized and she's done
this now for 11 years.

This was our 11th annual
celebration, and it was just
wonderful this morning and
this afternoon.

We helped create permanent
families for 28 children.

And I personally had the
honor to preside over the
creation of five of those

Also with me today is keith
richardson from casa, travis
county, and stephanie white
with the department of
family and protective

And this is -- this was the
11th annual austin adoption
day held in conjunction with
national adoption day, and
we really gathered to
celebrate and honor those
families who choose to
adopt, and also to
illustrate the need for
adoptive families and foster
families for children.

In this state there are over
6,000 children who are still
waiting to be adopted, and
in this community 158
children are still waiting
for their forever families.

28 Found theirs today, but
we still have -- are
searching for families for
158 more, and some of those
children you see here

The hart gallery of central
texas enlists professional
photographers who volunteer
their time and talents to
photograph each of these
children and to bring out
their personality, and for
many of these kids this is
the first time they've ever
had a photograph of
themselves, a portrait like

And so it's something very
special for them, and it
helps communicate something
of who they are to
prospective families.

So I would certainly
encourage you to visit the
hart gallery of central
texas web site for more
information about these

Five of the kids that were
adopted today were teenage
boys, and several of those
were in the hart gallery of
central texas.

So again, thank you to mayor
and council members for
recognizing this worthy
celebration today.

Thank you.

 I am very pleased
to stand before you today to
give certificates of
appreciation for some very,
very thankless work that has
been done, but we're going
to thank them today and let
the community know about

This summer irit, ann and
sharon approached council
member tovo and morrison and
I about safe sleep shelter
facilities for women,
because it had become an
emergency problem.

The conditions on our
streets are were simply

The murder of a homeless
woman in a park earlier in
the year highlighted the
vulnerability that is placed
on women on the streets.

By working with six
different churches who
generously opened their
buildings overnight they
began to provide a safe
place to sleep.

The city in turn provided
security for this effort.

I often talked about the
need for collaboration
between governmental
entities, faith-based
community and social service

This is truly evidence of
that and a very forward step
for our city.

I also want to thank all of
the service providers that
have been involved and the
faith-based organizations
and everyone who stepped up
to the plate.

The city recently approved a
state grant to pay for
renovations for the
salvation army's downtown
shelter that will provide 32
beds for women, and while
that goes a long ways
towards providing shelter,
it will not completely do
the job.

So we are thankful for the
work that you have agreed to
continue, and next week
council member tovo and i
will be bringing forth a
resolution to further
facilitate these efforts.

And I want to thank council
member riley for also
standing fast with us as we
try to work on this issue.

So right now I want to ask
all of you to come forward,
and council member tovo to
come forward if she has any

 there's very little
I want to add except just to
say a big thank you for
making us aware of this need
and for working together to
meet the needs so
beautifully and to help
educate our community about
what needs to be done in the

So thank you for being here

 we have
certificates of appreciation
for the nonprofits, and I'm
only going to read the first
one, and then I'll name the

The city of austin
distinguished service award,
presented to erit emanie in
appreciation of your work
with the safe sleep shelter
for women.

Thank you for being a part
of the solution to assist
single homeless women in the
austin area.

We are grateful for your
commitment to serve those in

and this certificate is --
where did she go?

This certificate is
presented to you again in
appreciation for your work.

>> Thank you.

Thank you.


>> this is a certificate to
david gomez.

Oh, he's not here.


Well, he's still got a

David evans, I didn't see

There you are.

Please come forward.

A distinguished service
award for you and all you do
with salvation army.

susan, did I see susan?

There you are.

You're no taller than me.

a distinguished service
award for you for all your

>> Thank you.


>> thank you.

 next we have -- do
you want to bring those --
distinguished service awards
for the churches.

St. david's, billie tweety.

and also vicki knipp.

We want you to get all your

we want to recognize from
university united methodist
john elford pastor susan
sprag and marianne tyson.

and first baptist, we want
to recognize tommy chito and
anita gordon.

thank you for your work.

You all have been doing some
heavy lifting for the city.

This is for first united
methodist, pastor kathie
stone, and libby -- there
you are.

Come on up.

 martin's lutheran,
pastor pete sandoval, pastor
jennifer teaman, connie
growslop and jason galip.

and I also want to recognize
university baptist church,
olan clemons.

And we'll get that to him.

And then for the -- from the
foundation for the homeless,
sharon lowe.

We also want to recognize
their work.


>> cole: okay.

Are you all ready to take a

This is the best part.

kathy, are you ready?

Okay, let's go.

>> I want to just say, first
of all, thank you to
everybody for this -- who
put this effort together,
and I think we should become
a case study.

Never doubt what a group of
citizens can go when they
put their minds together to
work as one, and we actually
changed a situation of
homeless women in austin by

All service providers were
called together to make
sure -- everyone was at the

Churches came through, the
city came through, and when
we all put our mind into
making a change, change

So thank you all, and thank


>> cole: thank you guys.

>> Greg, do you want to come
down and any other members
of the workers defense

We have come to recognize
that in austin, as we
prosper, we are often
becoming seen as two
 a very prosperous
austin and a not so
prosperous austin.

The workers defense project
has worked tirelessly to
make labor a part of the
equation and the amount of
salaries and working
conditions that labor

And this is their 10th
anniversary, and for all the
work that they do I wanted
to present them with a

Be it known that whereas the
workers defense project was
founded here ten years ago
with a few volunteers
helping at an east austin
homeless shelter, and now is
a statewide organization
working on behalf of the
rights and well-being of
low-wage workers, and
whereas, workers defense
project provides training
and services to thousands of
low-wage austinites while
also advocating for policies
that will create pathways to
good jobs for our
disadvantaged residents, and
whereas, workers defense
project work inspired
council to pass an historic
rest break ordinance for
construction workers and for
living wages and job
training to be required on a
variety of construction
projects, and whereas
workers defense project is
dedicated to ensuring that
our city development is
safe, sustainable and
provides opportunities for
all austinites.

Now, therefore, i, lee
leffingwell, mayor of the
city of austin, do hereby
proclaim november 2012 as
workers defense project 10th


>> thank you.

Well, we just want to thank
all of council and also
especially mayor pro tem
cole for not forgetting that
while austin grows and we
know austin is such a fun
bustling city, that
buildings have to get built
and buildings have to be
cleaned and we really
appreciate that the council
has not forgotten that we
need to make sure that we
have jobs in austin, but
also good jobs, jobs that
people want to keep because
they can provide for
themselves and provide for
their families and have a
path upward, and so we
appreciate you all
remembering that and taking
that into consideration, and
for listening to us so that
we can sort of remind
everybody else about that

And I'll have one of our
worker members give a little
thanks as well.

>> Well, thank you very much
for this important reading
to bring workers in llano to
the council and many
members -- people, also on
the city.

The -- see the situations
are outside, like low wages,
and how dangerous they are,
and thanks for working the
project to help us to pick
up all these wages and thank
you, council, for letting us
apply for these members, and
this is only the beginning.

We plan to do more and bring
everybody else on safe
workers and making sure
everybody is safe.

Thank you.

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