Council approves consent agenda, settles lawsuits and authorizes eminent domain; housing loans and rezoning moves addressed

Mayor Kirk Watson called the Austin City Council to order at 10 a.m. on May 8 and the council approved a broad consent agenda that included legal settlements, committee actions, eminent-domain authorizations and multiple housing finance items.

The law department recommended, and the council approved as part of consent, a $90,000 payment to settle Carolyn Nelson v. City of Austin for injuries from a May 2022 fall on city property, and a $550,000 payment to settle Jessica Arellano v. City of Austin et al., an officer-involved shooting from Jan. 5, 2021. As the city’s Assistant City Attorney put it during the meeting, the department “recommends that you approve payment based upon these terms,” referring to the releases and dismissal-with-prejudice provisions in each settlement.

Also on consent, the council adopted an Audit & Finance Committee recommendation to amend the Zero Waste Advisory Commission bylaws to remove its Organics Management Committee, and approved reappointments to the Municipal Civil Service Commission. The mayor pro tem, as chair of the Public Health Committee, moved and council approved the appointment of Laurie Eiserlo to the Sobering Center Local Government Corporation board of directors.

Separately, the council authorized two nonconsent condemnation items. The motion, made by Council Member Alter and seconded by Council Member Vela, authorized use of eminent domain to acquire properties described on the agenda for public uses; the motion was adopted without objection.

At 10:30 a.m. the Austin Housing Finance Corporation (AHFC) met as a board and on consent authorized several actions: negotiations and execution of a $5.5 million loan to Foundation Communities to develop 56 units (The Bloom at Lamar Square) targeting households at 30%–60% of area median family income; a $4.5 million loan to the Mary Lee Foundation to develop 45 units at 30% AMFI or below; acquisition and conveyance of a roughly 0.16-acre lot at 2801 Castro Street from Watershed Protection to Guadalupe Neighborhood Development Corporation for at least two affordable units; and authorization to negotiate a grant agreement with the Housing Authority of the City of Austin (HACA) for an approximately $1.2 million HOME-funded tenant-based rental assistance program to serve about 65 households in the coming fiscal year. AHFC Treasurer Mandy DeMeo presented the items and noted the loans are part of phasing and multiple funding sources.

In the afternoon zoning time certain, councilmembers approved a consolidated consent motion covering items 52–76 on the zoning agenda. That packaged motion included indefinite postponements for a number of neighborhood-plan and rezoning items (for example, items 52–53, 58–62), staff or neighborhood postponements to future council dates (including several to June 5 and one to July 24), and a set of cases offered on consent for second and third reading. The motion to adopt that consent package was made by Council Member Sigel and seconded by Council Member Ellis and carried without objection.

Council actions taken by formal motion and adopted at this meeting were: approval of the two settlements, adoption of committee recommendations and appointments, authorization to exercise eminent domain for the specified properties, adoption of AHFC loan and grant authorizations, and adoption of the zoning consent package with multiple postponements and consents. At the beginning of the meeting, Council Member Velasquez moved the day’s consent agenda, seconded by Council Member Kadri; Council Member Duchin was shown abstaining on item 14 and Council Member Siegel abstained on item 8 as recorded on the consent roll call.

The meeting recessed for a noon public communication period and reconvened for zoning items at 2 p.m.; the council adjourned at 3 p.m.

Votes at a glance - Consent agenda (motion: Council Member Velasquez; second: Council Member Kadri): adopted; Council Member Duchin recorded abstention on item 14; Council Member Siegel recorded abstention on item 8. - Settlement: Carolyn Nelson v. City of Austin — approve payment of $90,000; release and dismissal-with-prejudice required. - Settlement: Jessica Arellano v. City of Austin et al. — approve payment of $550,000; release and dismissal-with-prejudice required. - Audit & Finance: amend Zero Waste Advisory Commission bylaws (remove Organics Management Committee): adopted (unanimous/no objection reported). - Municipal Civil Service Commission: reappoint Kavita Gupta and John Umphress to three-year terms: adopted. - Sobering Center LGC board: appoint Laurie Eiserlo to fill vacancy: adopted. - Eminent domain (items 46–47): motion to authorize use of eminent domain for properties described in the agenda (motion: Council Member Alter; second: Council Member Vela): adopted. - Austin Housing Finance Corporation (consent): $5.5M loan to Foundation Communities (56 units, 30%–60% AMFI); $4.5M loan to Mary Lee Foundation (45 units, ≤30% AMFI); conveyance of 0.16-acre lot to Guadalupe Neighborhood Development Corporation for at least two affordable units; negotiation of ~ $1.2M HOME-funded TBRA grant with HACA to serve ~65 households: adopted (AHFC consent recorded unanimous). - Zoning consent package (items 52–76): consolidated consent motion approving specified postponements, first-reading-only items, and multiple second/third-reading consents as listed in the agenda: adopted (motion: Council Member Sigel; second: Council Member Ellis).

What the council did not do: several public hearings were opened and closed (for example, item 49, a HUD-funded plan hearing), and some items (50 and 51) were formally postponed to specified future dates per the agenda. No final action was required on the public-hearing item 49, which was for public input only.

(See provenance for transcript excerpts supporting these items.)