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Austin City Council Meeting Procedures Still  Violate the Texas Open Meetings Act

7/9/2024

 
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​On July 1, 2024, Judge Daniella Deseta Lyttle issued a ruling that once again found the Austin City Council’s meeting procedures violate the Texas Open Meetings Act. This marks the third time that Travis County Judge has ruled that the City Council’s restrictions on public speaking testimony fail to guarantee the public’s “right to speak.”
Before these recent rulings, the Austin City Council limited public comments to 1 minute per speaker during regular council meetings, regardless of the number of items on the agenda (often exceeding 100 items per meeting). For instance, if an Austinite signed up to speak on four items, they would have an average of only 15 seconds per item to address the council.
As a result of a lawsuit filed by SOS (Save Our Springs Alliance), the City Council was compelled to revise its meeting procedures and eliminate these collective time limits. Now, members of the public are granted a minimum of 2 minutes to speak on each item during the City Council’s Thursday meetings. You can find more information in the Austin Free Press (and sign up for AFP news alerts).
The July 1st ruling also removed language that the City Council had inserted into their new procedures, which would have nullified the legal impact of these time limits. 
A separate claim was dismissed by the court challenging the City Council's Tuesday work session procedures that prohibit public speakers. Often, the council discusses and begins to take positions on items scheduled for the regular Thursday council meetings. Unfortunately, this means that having the right to speak at the Thursday meetings comes too late for meaningful input. SOS will be evaluating its legal options concerning this claim. 
Thank you for your support on this lawsuit. With your help, we have amplified the public's voice at Austin City Hall.
City of Austin Proposes to Delete Drainage Requirements
Code Changes Delete Drainage Review for Residential Developments up to 16 Units.
We need your help to tell the Austin City Council to maintain its drainage requirements. Please help us by writing to your City Council member to encourage them to keep Austin’s current drainage requirements and plan to speak at the Austin City Council on July 18th, after 2pm.
Email Planning Commission & City Council Now
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Code changes are headed to the Planning Commission Tuesday night that would remove requirements for multi-unit developments (up to 16 residential units) to install onsite detention (holding ponds for stormwater). These developments would merely need to submit a drainage plan to demonstrate that stormwater runoff is discharged into the street. There would be no requirement for an assessment that existing stormwater drain systems could handle increased flows, nor would there be a drainage review from the City of Austin to ensure that the new developments don’t increase risks of lot-to-lot flooding or harm our creeks.
To assess flooding risks in Austin’s neighborhoods, SOS commissioned a study that looked at flood-related incidents reported to Austin’s 311 call center between January 1, 2020, and November 21, 2023. Over the past 4 years, nearly 600 flood incidents occurred outside known floodplains, indicating local and lot-to-lot flooding. Additionally, approx. 190 reported incidents could be linked to clogged or overstressed drainage infrastructure, posing challenges for the city’s flood management efforts.
The Austin City Council recently approved city code amendments under the “HOME” initiative that reduced lot sizes for single-family residential lots across the city and increased the number of units that can be built on each lot. Lots that were previously used for one lot can now be subdivided and used for multiple units. Depending on the size of the original lot or lots, this could increase the number of units and associated pavement substantially. These code changes will undeniably lead to more impervious cover, which means increased flows and volumes of stormwater leaving these properties.
All of this leads to the question—why would Austin delete its drainage requirements? Climate resiliency requires proactive planning, and Austin must address its flooding issues--now and into the future.

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