CARLOS LEÓN June 5, 2021 CDC’s federal mask requirement does NOT apply to CAP METRO On its website (https://www.transit.dot.gov/TransitMaskUp), The Federal Transit Administration says the following about wearing masks: “The Centers for Disease Control and Prevention (CDC) has announced a federal mask requirement for transit systems to mitigate the risk of COVID-19 based on President Joseph R. Biden’s Executive Order 13998, issued January 21, 2021. The Transportation Security Administration soon followed with a security directive implementing the CDC order.“ CAP METRO misuses that linchpin CDC order (“REQUIREMENT FOR PERSONS TO WEAR MASKS WHILE ON CONVEYANCES AND AT TRANSPORTATION HUBS”) to ILLEGALLY require passengers to wear face masks to NOT comply with Governor Abbott’s Executive Order 36, though EO-36 legally supersedes CAP METRO’S mask mandate. See my May 26, 2021 letter to Governor Abbott for details. In fact, CDC’s order does NOT apply to CAP METRO, or any other local intrastate public transit authority, based on the order’s own application limitations [42 U.S.C. 264(a), 42 CFR 70.2, 71.31(b), 71.32(b)]. Each application limitation is now deconstructed and unpacked, in order: 42 U.S.C. 264(a) 42 U.S.C. 264(a) is under Title 42 - THE PUBLIC HEALTH AND WELFARE, CHAPTER 6A - PUBLIC HEALTH SERVICE, SUBCHAPTER II - GENERAL POWERS AND DUTIES, Part G - Quarantine and Inspection. 42 U.S.C §264. is entitled Regulations to control communicable diseases. 42 U.S.C. 264(a), Promulgation and enforcement by Surgeon General, says: The Surgeon General, with the approval of the Secretary, is authorized to make and enforce such regulations as in his judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession. For purposes of carrying out and enforcing such regulations, the Surgeon General may provide for such inspection, fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles found to be so infected or contaminated as to be sources of dangerous infection to human beings, and other measures, as in his judgment may be necessary. Analysis First, the text says “...to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States…”, clearly referring to disease “immigration” from outside the U.S. into the U.S. Second, the text says “...to prevent the introduction, transmission, or spread of communicable diseases from one State...into any other State...”, clearly referring to interstate disease migration within …
CARLOS LEÓN 6/3/21 – Austin City Council Meeting Consent Agenda – Item #40 https://austintx.new.swagit.com/videos/122406 ; 10:18 AM - 10:21 AM (11:32 to 14:45 within clip) Soy Carlos León. First and foremost, Gracias a Dios for letting me speak AGAINST Item 40. The City Manager should NOT work with CAP METRO on a Transit Oriented Study because CRIMINAL CAP METRO is NOT complying with Governor Abbott’s Executive Order 36, though it has “the force and effect of law” under Texas Government Code 418.012. The order says no governmental entity or official may require any person to wear a face covering or to mandate that another person wear a face covering, and that it shall supersede any face-covering requirement imposed by any local governmental entity or official…” Yet, CAP METRO’s COVID-19 website says Passengers are required to wear face masks until September. Therefore, CAP METRO bus drivers, supervisors, and security officers are ILLEGALLY REFUSING me service because I lawfully exercise my legal right to board and ride WITHOUT a mask. To NOT comply, CAP METRO claims it’s private, federal, and following the latest CDC order. However, per Texas Transportation Codes 451.001 and .052, CAP METRO is a Metropolitan Rapid Transit Authority - a governmental unit whose status and authority are derived from the Texas Constitution or Texas laws, performing public functions for public purposes of public necessity. whose operations are NOT proprietary. Though CAP METRO gets federal money, nearly 80% of its income is from Texas sales tax. And the FTA says mask policies are local decisions, recognizing Texas sovereignty over Texas INTRAstate travel. The CDC order, “REQUIREMENT FOR PERSONS TO WEAR MASKS WHILE ON CONVEYANCES AND AT TRANSPORTATION HUBS,” applies only to travelers entering the U.S. or travelers going from one state to another, NOT to CAP METRO transporting Passengers WITHIN Texas, though INTRAstate travel is a constitutional right [Lutz v. City of York]. Though YOUR mask rules are now recommendations, CAP METRO’s are still requirements. Therefore, per my letters to Governor Abbott documenting all this, in front of you now, REJECT item 40; use City Code 13 – 2 - 12 to direct the city manager to immediately conduct an investigation into CAP METRO operations to determine whether its ground transportation service is complying with applicable state law. In Jesus name, I pray. Amen. Thank you, Lord. God bless Texas, the United States of America, Constitutional law, and truth, and …
Follow-up 1 to URGENT CARLOS LEÓN June 1, 2021 Office of the Governor State Insurance Building 1100 San Jacinto Austin, Texas 78701 Dear Governor Abbott, This 4-page, June 1, 2021 follow-up 1 letter communicates how CAP METRO’s continuing NON-compliance with your Executive Order 36 (EO-36) is increasing their criminality against me and their hostility against you. Since your office received my May 26, 2021 urgent letter, 23 CAP METRO bus drivers have ILLEGALLY REFUSED me service for me legally NOT wearing a facial covering when boarding. In addition, CAP METRO Supervisor T-54 has ILLEGALLY stalked, targeted, and harassed me on public transportation for legally NOT wearing a facial covering on board a CAP METRO RAPID bus. Following CAP METRO policy and procedure, I documented each and every “failure to comply with” EO-36 violation by CAP METRO with CAP METRO (https://app.capmetro.org/ServiceOneWebCCR ) to communicate their continuing crimes to them and receive from them official Customer Comment Report (CCR) case IDs for my records to give to you to identify and fine each guilty bus driver up to $1000 to rightly punish and correct their criminal behavior. The guilty drivers/incidents, on video, are: May 26, 2021 Driver 1 - CaseID : CCR-80280-Y3H3L1, CaseID : CCR-80283-V9V9L8, CaseID : CCR-80284- D7K0W5, and CaseID : CCR-80285-K6N7Y8 M ay 27, 2021 Driver 2 - CaseID : CCR-80315-W3G5M1, CaseID : CCR-80316-L5Z9Z6, CaseID : CCR-80317- P8B3X3, and CaseID : CCR-80318-W9L9L7 Driver 3 - CaseID : CCR-80320-W3S0M0, CaseID : CCR-80322-T3K2K6, CaseID : CCR-80323- K1V0P0, and CaseID : CCR-80325-Y7B7T0 Driver 4 - CaseID : CCR-80326-C6F8G9, CaseID : CCR-80327-Z4J1P0, CaseID : CCR-80329- N6X1G, and CaseID CCR-80330-J3F6C2 Driver 5 - CaseID : CCR-80331-P3B6R6, CaseID : CCR-80332-P3K7L5, CaseID : CCR-80333- M4G5W6 , and CaseID : CCR-80334-K0T7Y2 Driver 6 - CaseID : CCR-80337-Z3C4P0 May 28, 2021 May 29, 2021 May 30, 2021 May 31, 2021 Driver 7 - CaseID : CCR-80367-V7S3M4, CaseID : CCR-80368-L3X5J1, CaseID : CCR-80370- F1Q3C2, and CaseID : CCR-80370-F1Q3C2 Driver 8 - CaseID : CCR-80372-K5T5K8, CaseID : CCR-80373-K0M8L2, CaseID : CCR-80375- Q0Y9J1, and CaseID : CCR-80376-S8H8K7 Driver 9 - CaseID : CCR-80378-W0V6P4, CaseID : CCR-80379-G3B9Y, CaseID : CCR-80380- R3W9R7, and CaseID : CCR-80381-X9L4K3 Driver 10 - CaseID : CCR-80382-Y8X9Z0, CaseID : CCR-80383-H4Q7V3, CaseID : CCR-80384- L0V7P9, and CaseID : CCR-80385-J9W9W3 Driver 11 - CaseID : CCR-80406-B3B0D1, CaseID : CCR-80407-F8Q3S3, CaseID : CCR-80408- R0F4F7, and CaseID : CCR-80409-R0V9N4 Driver 12 - CaseID : CCR-80418-Z2W5B5, CaseID : CCR-80419-H3Y4M4, CaseID : CCR-80420- M2V3P3, and …
URGENT CARLOS LEÓN May 26, 2021 Office of the Governor State Insurance Building 1100 San Jacinto Austin, Texas 78701 Dear Governor Abbott, Rationale I respectfully urge you to NOT sign into law House Bill 3893 to NOT grant CAP METRO a 99-year lease to the underground rights of Republic Square Park and Brush Square to NOT reward CAP METRO for NOT complying with your Executive Order 36. I respectfully request you IMMEDIATELY make CAP METRO comply with your Executive Order 36. CAP METRO is blatantly, intentionally, and publicly NOT complying with your Executive Order 36, though it applies to CAP METRO. Your Executive Order 36 says “No governmental entity...and no governmental official may require any person to wear a face covering or to mandate that another person wear a face covering” (point 1) and that “This executive order shall supersede any face-covering requirement imposed by any local governmental entity or official…” However, CAP METRO’s website (https://capmetro.org/COVID19) says, “Per the latest order from the CDC, customers are required to wear face masks while on transit vehicles and when at our facilities, effective until September 2021. Face masks must cover your nose and mouth and attach around the ears. Bandanas and other single-ply fabric coverings do not meet this new requirement and will be prohibited”. CAP METRO is saying the same to their bus drivers, supervisors, and police officers, who are ILLEGALLY following and enforcing the same FALSE information. CAP METRO has threatened to ILLEGALLY BAN me from using their local, intrastate, public transportation system for lawfully exercising my legal right to board and ride WITHOUT wearing a facial covering and/or showing your Executive Order 36 to the bus drivers. Many drivers are ILLEGALLY REFUSING me service for legally NOT wearing a facial covering. When I’ve tried showing them a paper copy of your Executive Order 36 or telling them about it, they tell me they’re NOT hearing it or looking at it. They say they only do what CAP METRO tells them to do, though your Executive Order 36 has “...the force and effect of law” under Section 418.012 of the Texas Government Code. Your Executive Order 36 applies to CAP METRO because CAP METRO is a local governmental entity, based on the following three facts: 1) Texas Transportation Code 451.001 legally defines CAP METRO as a Metropolitan Rapid Transit Authority. 2) Texas Transportation Code 451.052 (c) says an authority is …
` John Kiracofe PUBLIC SAFETY COMMISSION REGULAR MEETING MINUTES Monday, June 7, 2021 The Public Safety Commission convened a videoconferencing meeting Monday June 7, 2021 at City Hall 301 W. 2nd Street in Austin, Texas. Chair Rebecca Gonzales called the Board Meeting to order at 3:01p.m. Board Members in Attendance: Michael Sierra-Arevalo Rebecca Gonzales Rocky Lane Kathleen Hausenfluck Nelly Ramirez Queen Enyioha Board Members Absent: Rebecca Webber, Rebecca Bernhardt, Amanda Lewis Staff in Attendance: Robin Henderson, Assistant Chief, Austin Police Department Jasper Brown, Chief of Staff, Austin/Travis County Emergency Medical Services Rob Vires, Chief of Staff, Austin Fire Department Commissioner Gonzales welcomed everyone to the meeting and shared that the Prop B agenda item was rescheduled to July 2021 meeting, due to the Special Called Council Meeting and Diana Grey (Chief Presenter) no longer available to present. Commissioner Gonzales also took a moment to wish everyone Happy Pride Month and acknowledge Black Pride Week. Commissioner Queen Austin was invited to take a moment to introduce herself since this was the first meeting that she was able to join Public Communications - Citizens signed up to speak: 2b. Update on Hiring of New Austin Police Chief (Sponsors: Commissioners Gonzales and Webber) Commissioner Gonzales welcomed Assistant City Manager Arellano and thanked him for stepping away from the Special Called City Council meeting to present an update on the hiring of a new Austin Police Chief to the Public Safety Commission. ACM Arellano shared with the board the timeline of working with a consultant in hiring a new police chief and meeting with stakeholders and the number of community sessions held so the consultant could hear the concerns and desires of -Carlos Leon – Criminal Cap Metro and Law and Order 1 what citizens would like for the new chief to look like. Per ACM Arellano, there are currently 36 applications in hand and they are expecting more applications. In June 2021, the consultant will start to screen/identify applications to bring to City Management. Commissioner Gonzales opened the floor for questions and Commissioner Ramirez commented she hopes the consult would be looking for what the constituents of Austin have stated in their feedback as to the type of police chief they want for the City of Austin. Commissioner Gonzales asked if the lines of communication were still open for citizens to continue to provide input/thoughts on hiring a new chief. Commissioner Lane asked …
` Michael Sierra-Arevalo Rocky Lane Amanda Lewis John Kiracofe Queen Enyioha PUBLIC SAFETY COMMISSION REGULAR MEETING MINUTES Monday, May 3, 2021 The Public Safety Commission convened a videoconferencing meeting Monday May 3, 2021 at City Hall 301 W. 2nd Street in Austin, Texas. Chair Rebecca Gonzales called the Board Meeting to order at 3:09p.m. Board Members in Attendance: Rebecca Gonzales Rebecca Webber Kathleen Hausenfluck Nelly Ramirez Rebecca Bernhardt Board Members Absent: none Staff in Attendance: Troy Gay, Chief of Staff, Austin Police Department Jasper Brown, Chief of Staff, Austin/Travis County Emergency Medical Services Rob Vires, Chief of Staff, Austin Fire Department Public Communications - Citizens signed up to speak: None Chair Gonzales welcomed three new members to the Public Safety Commission and asked that they introduce themselves. The new members are Amanda Lewis for District 4, Queen Enyioha for District 1 and John Kiracofe for District 6. 1. Approval of Minutes – Chair Gonzales asked for any edits/comments to the minutes for April 5, 2021, presented. Hearing no comments/edits the minutes were deemed approved. 1 2. NEW BUSINESS a. Public Safety Organizations Quarterly Report – Austin/Travis County Emergency Medical Services (sponsors: Commissioner Hausenfluck and Gonzales) -Jasper Brown, Chief of Staff, Austin Travis County Emergency Medical Services Chief Brown presented the quarterly stats for EMS to the board on - Staffing (currently at 139 vacancies - EMS Cadet Classes – July 19, 2021 next scheduled class begins - COVID-19 Update – EMS department 86% vaccinated Chair Gonzales asked for questions or discussions at the end of the presentation. 3. Future Agenda Items Commissioner Gonzales decided to take this item up prior to Re-imagining Public Safety Presentation Public Safety Commissioners discussed the different topics they would like to have for future briefings and possible action items. -City and community response to Winter Storm 2021 and data from City of Austin Auditor’s Office (Commissioner Ramirez and Commissioner Gonzales) -Update on Implementation of Prop B (Commissioner Bernhardt and Commissioner Kiracofe) -Update on hiring Police Chief (Commissioner Ramirez) -Requested a firm release date of Auditor’s Report on Winter Storm (Commissioner Lane) -Update on Austin Police Academy training academy (Commissioner Kiracofe) -Update on search for EMS Chief (Commissioner Webber) 2 b. Re-Imagining Public Safety Presentations (sponsors: Commissioner Webber and Gonzales) Speakers: -Reimaging Public Safety Task Force Members -Amanda Lewis, Public Safety Commissioner Commissioner Webber introduced Farah Muscadin, Director, Office of Police Oversight. Farah share a brief …
MEETING MINUTES June 7, 2021 Austin-Travis County Food Policy Board The Austin-Travis County Food Policy Board (ATCFPB) convened on Monday, June 7, 2021 VIA VIDEOCONFERENCING http://www.austintexas.gov/page/watch-atxn-live Board Members in Attendance: Andrea Abel, Joy Casnovsky, Joi Chevalier, Emily De Maria, Kacey Hanson, Karen Magid, Sharon Mays (9:09 am), Ryan Rosshirt, Ellen Sweets (9:17 am) Staff in Attendance: Edwin Marty, Amanda Rohlich CALL TO ORDER Board Chair Karen Magid called the meeting to order at 9:04 am CITIZEN COMMUNICATION: GENERAL Frances Jordan - calling in to listen to meeting Lira Ramirez - in support of College Food Insecurity Grant Program initiative Jeffrey Clemmons - in support of College Food Insecurity Grant Program initiative Paula McDermott - need to support food access on college campuses in our region; specific restrictions for SNAP eligibility for college students based on the assumption that students have parent support. Over 40% of college students experience food insecurity nationally and that rate is even higher among community college students 1. APPROVAL OF MINUTES FROM MARCH MEETING Board Member Andrea Abel motioned to approve the meeting minutes from April 5, 2021, with Board Member Joi Chevalier seconding the motion. Passed on a 9-0 vote. a. Laura LaFuente, Austin Public Health, City of Austin – Update on EquidadATX Contract i. Funding was based on food access budget rider. Intended to augment not replace food access program. Contracted with Equidad to bring affordable social services ii. Contract has been executed. Start date was supposed to be April 1. Slight delay in service delivery. One to two month delay in getting started. iii. Creedmoor High School and other schools in Del Valle. Looking for additional locations. Additional locations, services and hours will based on community feedback and ensuring there is adequate space for access, visibility and community accessibility iv. Convening partners to develop schedule. v. Food access, financial services and general health and wellness. Start in January 2022 vi. Goal is to provide twice monthly events for 3 hours vii. Pilot program; two-year program The City of Austin is committed to compliance with the American with Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. Meeting locations are planned with wheelchair access. If requiring Sign Language Interpreters or alternative formats, please give notice at least 2 days (48 hours) before the meeting date. Please call Edwin Marty, Office of Sustainability at 512-974-2120, for additional information; TTY users …
AUSTIN MUSIC COMMISSION MEETING MINUTES The Austin Music Commission convened on June 7, 2021 via videoconference. June 7, 2021 BOARD MEMBERS IN ATTENDANCE: Chair – Jonathan “Chaka” Mahone, Vice-chair – Anne-Charlotte Patterson, Parliamentarian – Graham Reynolds, Gavin Garcia, Lauryn Gould, Nagavalli Medicharla, Patrice Pike, Stuart Sullivan Staff in Attendance: Erica Shamaly, Kim McCarson, Stephanie Bergara CALL TO ORDER 6:39pm MUSICAL PERFORMANCE Char min Greene CP Loony CITIZEN COMMUNICATION: GENERAL The first 10 speakers signed up prior to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. Ray Price speaks in favor of preserving Doris Miller Auditorium as a music venue. Scott Strickland speaks in favor of the Creative Space Bond. Sarah Hall speaks in favor of Live Music Fund. Jeska Forsyth speaks in favor of launching Live Music Fund as soon as possible. Guy Forsyth speaks in favor of the Live Music Fund. 1. APPROVAL OF MINUTES a. Approval of minutes from the May 3, 2021, Music Commission meeting. Commissioner Reynolds motions Vice-chair Patterson seconds. Motion carries 8-0. 2. CHAIR’S REPORT 3. OLD BUSINESS action taken. action taken. a. Introduction of new Commissioner for District 3, Chris Limon. b. Juneteenth, Freedom, and Pride. a. Discussion and Possible Action on Live Music Fund following update from staff. No b. Discussion and Possible Action after update from Systemic Racism Working Group. No c. Discussion and possible action on Downtown Commission update from Vice-chair Patterson, upcoming joint meeting on the future of downtown music venues and land use, and appointment of new music commissioner liaison to Downtown Commission. Chris Limon will serve as liaison to the Downtown Commission. 1 AUSTIN MUSIC COMMISSION MEETING MINUTES 4. NEW BUSINESS June 7, 2021 a. Discussion and Possible Action following presentation by Sylnovia Holt-Rabb, Deputy Director, Economic Development Department, on the budget and funding process, how and when to engage in it, including calendar and steps. No action taken. b. Discussion and Possible Action following Gender Equity Working Group update. No action taken. c. Discussion and Possible Action following presentation by Dusty Saxton on innovative retirement for Austin musicians. No action taken. d. Discussion and Possible Action on joint efforts between the Music and Arts Commissions to identify funding sources. Vice-chair Patterson motions to form joint working group to explore public-private partnerships philanthropy to fund arts and music. Commissioner Sullivan seconds. Motion …
COMMISSION ON IMMIGRANT AFFAIRS Monday, June 7, 2021 5:30 PM VIA VIDEOCONFERENCING Meeting Minutes Adrian De La Rosa Montserrat Garibay Rennison Lalgee Board Members in Attendance: Krystal Gomez, Chair Nicole Merritt, Vice Chair Karen Crawford Board Members not in Attendance: Glenn Rosales Staff in Attendance: Sinying Chan, Staff Liaison & Health Equity Unit Program Coordinator/APH CALL TO ORDER 1. REVIEW AND APPROVAL OF MINUTES – May 3, 2021 Nicole moved to approve May minutes; Adrian seconded; all in favor 2. NEW BUSINESS: DISCUSSION AND POSSIBLE ACTIONS: A. Update from Rocio Villalobos on her work with the Equity Office Kate Lincoln-Goldfinch Joseph Ramirez-Hernandez Juan Vences-Benitez Starting May 14, 2021, with the collaboration of Austin Public Library, Austin Public Health, and USCIS, Austin has been hosting naturalization ceremonies again. Voter registration and library card registration are available, as well as COVID-19 vaccines. ATXN attended the May 28, 2021 ceremony to shoot footage and do interviews for City View features. Will be shared during Welcoming Week in September Rocio has been meeting with various city departments and community partners to discuss the enhanced library card. Some concerns are on Austin Public Library’s databases and privacy information collection and storage. Community groups expressed interest in the card serving as a photo ID as well All recommendations are in for the Reimagining Public Safety Task Force and working groups; the proposals are separated in to two phases to review; community review panel for APD training will continue their work on the Reimagine Police Academy to provide training recommendations for cadets Mini grant program will likely launch next week to provide awards for programs that are designed to eliminate structural barriers and/or improve quality of life for various immigrant communities; would like the commission to spread the word about the program and have some commissioners to join as part of the review panel; Krystal, Nicole, and Karen will be helping to review Juan moved to form a working group around the enhanced library card; Karen seconded; Krystal, Adrian, and Juan will be on the work group B. Ayesha Hassan, Austin Refugee Roundtable, updates on World Refugee Day celebration World Refugee Day is usually celebrated on June 20 each year, but this year it is celebrated throughout the whole month of June. Will have more diversity and event planning to include and educate as many people as possible. Will have …
Gender Equity Working Group Recommendation to Austin Music Commission Draft 6/4/2021 RECOMMENDATION The Gender Equity Working Group of the Austin Music Commission recommends that the Austin City Council direct the City Manager to allocate a one-time use of the $650,000 transferred into the Live Music Fund immediately during the remainder of FY2020-21 to be used for the following: RATIONALE & DESCRIPTION Musician Reimbursement Program ꞏ Establishing a grant program to reimburse booking guarantees for local musicians in which venues pay musicians a fair wage and are thusly reimbursed through the program. Additionally, this program will provide funds to reimburse guarantees for local acts hired as support for touring artists. Individual musicians will also be able to apply to use this funding to support independently produced public live music events. This is intended to offset real costs during reopening, incentivize booking, provide a boost to our music ecosystem, and ultimately to drive income for local musicians. ꞏ Musician Reimbursement program should establish a set of eligibility criteria through engagement with stakeholders and such criteria should prioritize diversity of race, gender, sexual identity. Eligibility requirements should also consider geography of Live Music Venue recipients to incentivize diversity of representation of music throughout the City of Austin and Extraterrestrial Jurisdiction (ETJ). ꞏ As originally recommended by the Visitor Impact Task Force, which provided the original HOT recommendations for music in 2017, the Musician Reimbursement Program should be administered by a third-party entity and the cost of such administrations should not exceed 5% of the total allocation. Third party administration will allow for significant fund growth through private matching. ꞏ This Program is meant to provide immediate assistance during reopening and is meant as a one-time appropriation pending the successful development of a long-term plan for administration and use of the Live Music Fund. It is imperative that existing funds be administered in a timely manner in order to provide needed stimulus to restarting Austin’s live music economy. The Musician Reimbursement Program would serve as a starting point upon which industry stakeholders and city partners can build sustainable long-term programs that address industry development and investment through a lens of equity for all Austin musicians, venue owners and industry workers. ꞏ The Gender Equity Working Group presents these recommendations Music Commission with the hope that the Live Music Fund will achieve its intended purpose of supporting Austin musicians, venues, and industry workers so that …
Austin HIV Planning Council Peer Support Planning Summit The Austin HIV Planning Council is creating a directive to bring peer support to people living with HIV/AIDS in the Austin Area. They hope to get community input to craft a directive that can reflect what the community needs. When? Where? June 3rd and June 10th, 10am - 12:30pm. The summit will be held via Teams and please RSVP with the contact info below To RSVP and for any questions contact: Email: HIVPlanningCouncil@austintexas.gov Phone: (512) 972-5806
SMALL AREA PLANNING JOINT COMMITTEE WEDNESDAY, APRIL 14, 2020 10:00 AM VIA VIDEOCONFERENCING (Planning Commission) (Planning Commission) (Planning Commission) (Planning Commission) (Zoning and Platting Commission) (Zoning and Platting Commission) CURRENT COMMITTEE MEMBERS: Claire Hempel Patrick Howard James Shieh, Chair Jeffrey Thompson David King, Vice-Chair Ellen Ray Public in Attendance Michael Whelan Michael Gaudini Bart Schaetter Micah King Nikelle Meade CALL TO ORDER Chair Shieh called the meeting to order at 10:00 AM CITIZEN COMMUNICATION: GENERAL The first three speakers who register to speak no later than noon the day before the meeting will be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. Staff Present Jeff Engstrom – HPD Stevie Greathouse – HPD Kate Clark – HPD 1. APPROVAL OF MINUTES meeting. a. Approval of minutes from the December 9, 2020 Small Area Planning Joint Committee Commissioner King moved approval of the minutes from the September 21, 2020 meeting of the Small Area Planning Joint Committee with a second by Commissioner Thompson. Approved on a 5-0 vote. 2. OLD BUSINESS a. None 3. NEW BUSINESS a. 1404 E. Riverside – Rezoning in Waterfront Overlay (C14-2021-0029) — The Committee will review a proposed rezoning from ERC – Corridor Mixed Use to ERC – Corridor Mixed Use (including the property within a Hub Boundary to allow for a maximum height of 120 feet) in the East Riverside Subdistrict of the Waterfront Overlay. (Discussion and/or Possible Action) Motion by C. Hempel, 2nd by J. Thompson, to adopt staff’s recommendation to approve East Riverside Corridor (ERC) district zoning, to change the conditions of zoning by amending Figure 1-6 (East Riverside Corridor Hub Map) to include the subject property within a Hub Boundary and Figure 1-8 (East Riverside Corridor Development Bonus Height Map) to allow for a maximum height of 120 feet through the density bonus program. Vote approved with 5 ayes, zero nays, and one abstention (King). b. 300 and 301 Pressler Street and 1409, 1501, and 1505 W. 3rd Street – Informational Presentation on proposed development in the Lamar Subdistrict of the Waterfront Overlay. (Discussion and/or Possible Action) Presentation by Nikelle Meade PUBLIC HEARINGS 4. a. None 5. STAFF BRIEFINGS a. Update from staff regarding Small Area Planning projects. Presentation by Stevie Greathouse of the Housing and Planning Department. FUTURE AGENDA ITEMS Commissioner King requested an update from staff on existing and proposed Density Bonus Programs, including …
C14-2021-0009 1 ZONING CHANGE REVIEW SHEET CASE: C14-2021-0009 – 1725 Toomey DISTRICT: 5 ZONING FROM: CS TO: MF-6 ADDRESS: 1725 Toomey SITE AREA: 0.90 Acres PROPERTY OWNER: 1725 Toomey, LLC AGENT: Drenner Group (Amanda Swor) CASE MANAGER: Kate Clark (512-974-1237, kate.clark@austintexas.gov) STAFF RECOMMENDATION: Staff recommends multifamily residence highest density (MF-6) district zoning. For a summary of the basis of staff’s recommendation, see page 2. SMALL AREA PLANNING JOINT COMMITTEE June 2, 2021 Scheduled for Small Area Planning Joint Committee PLANNING COMMISSION ACTION / RECOMMENDATION: July 13, 2021 To be Scheduled for Planning Commission CITY COUNCIL ACTION: July 29, 2021 To be Scheduled for City Council ORDINANCE NUMBER: ISSUES Staff has received comments in opposition of this rezoning request. For all written or emailed comments, please see Exhibit C: Correspondence Received. CASE MANAGER COMMENTS: This property is located at the southeast corner of Sterzing Street and Toomey Road and is approximately 0.9 acres. It is currently zoned CS and developed with an existing multifamily building. Adjacent zoning to the east and south is CS, across Sterzing Street to the west are CS, CS-CO and LO zoned tracts and to the north across Toomey Road is a P zoned tract. This C14-2021-0009 2 property is located within the South Lamar Combined Neighborhood Planning Area (Zilker Neighborhood) which does not have an adopted Future Land Use Map (FLUM). Please see Exhibit A: Zoning and Exhibit B: Aerial Map. Per the applicant’s application, they are requesting to rezone from CS to MF-6 to allow for a residential development with up to 215 units. Due to the number of proposed residential units, staff provided AISD the Educational Impact Statement (EIS) forms submitted in the application. Their response is included in Exhibit D: EIS from AISD. BASIS OF RECOMMENDATION: 1. The proposed zoning should be consistent with the purpose statement of the district sought. The City’s Land Development Code (LDC) defines the base zoning district for MF-6 as: “…the designation for multifamily and group residential use. An MF-6 district designation may be applied to a use in a centrally located area near supporting transportation and commercial facilities, an area adjacent to the central business district or a major institutional or employment center, or an area for which the high density multifamily use is desired.” This property is located 0.30 miles from S. Lamar Boulevard. This street is identified as a Level 3 street in the Austin …
C14-2021-0009 (1725 Toomey) Site Area: 0.9 acres Current Zoning and Land Use: – CS (general commercial services) – Multifamily development Requested Zoning: – MF-6 (multifamily residence highest density) – Multifamily development Proposal: – Construct new multifamily development – Maximum of 215 units 1
Versión en español a continuación. Meeting of the Small Area Planning Joint Committee June 2, 2021 Small Area Planning Joint Committee to be held June 2, 2021 with Social Distancing Modifications Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance (June 1, 2021 by noon). All public comment will occur at the beginning of the meeting. To speak remotely at the June 2, 2021 Small Area Planning Joint Committee Meeting, residents must: •Call or email the board liaison at 512-974-1621 or Jeffrey.engstrom@austintexas.gov no later than noon, (the day before the meeting). The information required is the speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, and a telephone number or email address. •Once a request to speak has been called in or emailed to the board liaison, residents will receive either an email or phone call providing the telephone number to call on the day of the scheduled meeting. •Speakers must call in at least 15 minutes prior to meeting start in order to speak, late callers will not be accepted and will not be able to speak. •Speakers will be placed in a queue until their time to speak. •Handouts or other information may be emailed to jeffrey.engstrom@austintexas.gov by Noon the day before the scheduled meeting. This information will be provided to Board and Commission members in advance of the meeting. •If this meeting is broadcast live, residents may watch the meeting here: http://www.austintexas.gov/page/watch- atxn-live Reunión del Meeting of the Small Area Planning Joint Committee FECHA de la reunion (Junio 2, 2021) La junta se llevará con modificaciones de distanciamiento social Se permitirán comentarios públicos por teléfono; no se permitirá ninguna entrada en persona. Todos los oradores deben registrarse con anticipación (Junio 1, 2021 antes del mediodía). Todos los comentarios públicos se producirán al comienzo de la reunión. Para hablar de forma remota en la reunión, los residentes deben: • Llame o envíe un correo electrónico al enlace de junta en 512-974-1621 or Jeffrey.engstrom@austintexas.gov a más tardar al mediodía (el día antes de la reunión). La información requerida es el nombre del orador, los números de artículo sobre los que desean hablar, si están a favor / en contra / neutrales, y un número de teléfono o dirección de correo electrónico. • Una vez que se haya llamado o enviado por correo electrónico una solicitud …
