ATX PULSE 9/10/24 (sponsored by TX Flyover): New APD Chief Davis Begins Tenure // Travis County Refuses OAG Request for DA Garza Security Records // Citywide Tourism District Nears Support Threshold // Biz Owner Tracks Down Stolen Vehicle Himself // Sark: We Need Killer Instinct

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TUESDAY, SEPTEMBER 10, 2024

Compiled by Matt Mackowiak

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TODAY’S WEATHER

H: 93° / L: 73°. A hotter day than we’ve had in a week or so. Latest forecast from Fox 7 Austin’s Scott Fisher here.

PLEASE HELP THIS AUSTIN FAMILY

From GoFundMe: It is with heavy hearts that we announce the unexpected passing of Wolfgang Niedert. To honor his lifelong dedication to education and philanthropy, we ask that memorial contributions be made to a college fund for his beloved daughters, Sophie (9) and Oliva (5). In this time of overwhelming sorrow, we are incredibly grateful for the love and support from those whose lives were touched by Wolfgang.

Personal note: Wolfgang and I have been friends for at least ten years, with Texas athletics being our top shared interest. I have known Wolfgang and Julie both very well and their darling daughters are precious. His loss was sudden and shocking. His philanthropic work in Eanes ISD, at UT and across our community was significant. His large network of friends across Austin and Texas is understandably devastated. We must lift up this family. I hope you will join Amy and I in supporting them at this time. You can support them here.

His obituary is here.

UPDATE: A funeral mass will be held for Wolfgang on Friday, Oct. 25 from 11am-12pm at St. John Neumann Catholic Church in Austin. Send Flowers

Thank you for considering supporting this family.

YOU’RE INVITE: JOINT BIRTHDAY FOR AMY & MATT MACKOWIAK THIS FRI

Got plans Friday? Break ‘em.

Trophy wife and speech pathologist to the stars Amy Mackowiak and her consistently underperforming husband Matt Mackowiak are hosting a joint birthday party at the fabulous CABANA CLUB from 5-8pm on Friday, Sept. 13.

Amy is AGELESS and Matt turns 45.

Please bring a canned good as we will make a collection for the Central Texas Food Bank. If you cannot attend or simply wish to give monetarily, we would appreciate you making a charitable contribution to CTFB here.

» Please RSVP here (so we have enough space!).

TOP NEWS

“Man charged with murder after altercation leads to shooting in southeast Austin,” KVUE’s Johann Castro — “The Austin Police Department (APD) has made an arrest in connection to a homicide that happened in southeast Austin Sunday evening.

According to police, the incident occurred in the 2500 block of Teri Road just before 6 p.m. APD arrived on the scene and located a Hispanic man, identified as 25-year-old Steve Gonzalez, suffering from a gunshot wound.

APD, the Austin Fire Department (AFD) and Austin-Travis County EMS (ATCEMS) attempted life-saving measures on Gonzalez, but he was pronounced dead at around 6:45 p.m.

According to investigators, Gonzalez had gotten into an argument and physical altercation with 26-year-old Martin Tovar. Tovar allegedly shot Gonzalez in a garage after the two had an altercation outside a residence.

Police say Gonzalez and Tovar had known each other previously and the altercation began after the two men had been throwing dice together.

Tovar is charged with first-degree murder.

This is being investigated as Austin's 43rd homicide of 2024.” KVUE

THE BLOTTER

“APD identifies victim, woman arrested in connection with deadly crash on South Congress,” KXAN’s Erica Pauda — “A woman was arrested in connection with a deadly crash involving a vehicle and a pedestrian that happened last week in south Austin, the Austin Police Department said in a news release Monday.

Shortly after 10 p.m., officers responded to the 3400 block of South Congress Avenue for the crash. The pedestrian, later identified as Tony Almanza, 58, was pronounced dead at the scene, according to police.

Police said the driver of the vehicle initially left the scene and was later found, the release said. The driver was later identified as Julie K. Kotrla, 34, according to police. She was arrested for “an accident involving death,” the release said.

This crash is being investigated as Austin’s 62nd fatal crash of 2024, according to police.

The crash remains under investigation.” KXAN

“Small Travis County business broken into by 2 burglars,” Fox 7 Austin’s Meredith Aldis — “A small business in Southwest Travis County is recovering after two men broke into their store and stole thousands of dollars’ worth of goods. The suspects are now facing felony burglary charges.

"Just make sure that you have a good security system," iSMASHED USA Co-founder Chuck Seller said.

Footage captured on Sellers’ security system revealed what happened.

The first video from the early morning hours of August 20, showed a man pull up, take a good look inside the shop, examine the lock, stare right into the surveillance camera, walk around, and drive off.

Just two days later, video showed the man was back and this time he had tools to open the door and a sidekick.

When one of the owners of the store showed up a few hours later, he said the door was ajar and when he walked inside, he was shocked.

"All of our stuff was missing. Our repair, screens, batteries, phones, computers," Sellers said. "Fortunately, all our customer stuff, our phones were locked up, so we didn't lose any customers stuff."

He estimated about $15,000 worth of stolen items. One was a phone that happened to still be on.

"We were able to trace where that vehicle was with the phone inside," Sellers said.

Sellers said he made a report with the Travis County Sheriff’s Office.

"He just said, okay, but he wasn't going to go down there and try to track it," Sellers said.

Sellers said he took it upon himself to investigate.

"I wasn't thinking honestly. I just knew that we were a victim, and me and my family, we're pretty fearless as far as protecting our goods and services, protecting our families, and we want our neighborhoods protected," Sellers said.

Sellers said he followed the pinging of the phone.

"I went down there, located the vehicle, looked inside the vehicle, and saw some of our stuff in there," Sellers said.

Sellers said he parked down the street and called law enforcement.

"I stayed down there until APD got there, and that was about two hours later, and they looked inside the car, and they said, 'are you sure that's your stuff', I said absolutely, that's our stuff," Sellers said.

He said the car was towed and about two weeks later, deputies were able to recover and return most of their things to them. The two suspects, caught on camera, have had arrest warrants issued for felony burglary charges.

"They need to be caught and shut down," Sellers said.” Fox 7 Austin

“Work vehicle catches fire in North Austin,” KVUE’s Morgan McGrath — “A vehicle fire caused road closures early Tuesday morning in North Austin. 

A work truck was on fire along Mopac Service Road at Scofield Ridge Parkway heading northbound. 

Three lanes and a shoulder were blocked off in the area, which is not far from the Domain shopping center. 

First responders have since left the scene and there are limited details at this time.” KVUE

LOCAL GOVERNMENT

“Travis County sues Paxton to avoid releasing records about DA security,” KXAN’s Dalton Huey — “Travis County is fighting to prevent the release of records related to thousands of taxpayer dollars it paid a private security firm, despite the Texas Attorney General’s office ruling to release them.

The Travis County Auditor is suing the Office of the Attorney General over a public information request KXAN made more than six months ago. KXAN was unable to locate another instance of the Travis County Auditor’s office filing a lawsuit against the AG’s office for the purpose of challenging an open records decision.

KXAN requested information about a vendor registered with the county under the business name “Group For Horizon Entertainment Inc.” KXAN found the vendor is a Houston-based private security firm operating under the business name “Ranger Guard. “

According to auditor records, this was the first time county funds were used for “security services” for District Attorney José Garza’s office since he took office in 2021.

In March, Travis County Judge Andy Brown and the county auditor’s office authorized payments to the company totaling nearly $27,000, according to County commissioner court meeting records.

KXAN reached out to Brown and Garza to understand why county funds were used for security services for Garza’s office. In response to our request to Brown, Travis County spokesperson Hector Nieto stated, “It would not be appropriate to comment on specific security risks or the manner in which they are addressed.  However, we take the safety and security of all Travis County elected officials, appointed officials, and employees very seriously and take appropriate steps as necessary.”

KXAN has yet to receive any communication from Garza’s office following our initial or follow-up communications to confirm it received our requests. …

All discussions or information surrounding the topic of “security” in commissioner court meetings occur in confidential executive sessions without public input per Texas government code 551.076. That’s why KXAN requested vendor records maintained by the auditor’s office in an attempt to bring transparency to circumstances surrounding the use of public funds for private security.” KXAN

“Lisa Davis starts role as Austin Police chief, but Step 1 is earning state license,” Austin American-Statesman’s Skye Seipp — “Lisa Davis on Monday officially started her role as the Austin Police Department's permanent chief.

However, her first two weeks will be largely spent in training to obtain her mandatory license through the Texas Commission on Law Enforcement, said Michele Gonzalez, spokesperson for the city manager's office.

"I am excited to be here in Austin and starting my first day," Davis said in a written statement. "I look forward to continuing to getting settled into my new role as Chief of Police, meeting APD personnel, our Austin Community, and presenting my 100-day plan."

The Austin City Council confirmed Davis would be the next chief nearly a month ago. Davis, who was previously an assistant chief for the Cincinnati Police Department, will be the Austin Police Department's 11th chief and the second woman to lead the department.

Austin has been without a permanent chief since Joe Chacon retired nearly a year ago. Interim Chief Robin Henderson has led the department since then and decided not to apply for the permanent position. Henderson is still working at the department, as she said she would help Davis with the transition into the role.

It's uncertain when Henderson's last day will be. She has been with the department for 26 years.” AAS ($)

“Why doesn’t the Austin Police Department publish yearly report on the crimes it solves?” KUT’s Andrew Weber — “People have opinions on policing, but there’s one unifying constant in discussions around the practice: Crimes are bad, and they should be solved.

To measure that efficacy, departments across the country use clearance rates, an imperfect metric but one that is crucial in determining a department’s impact.

But, for years, the Austin Police Department hasn’t published data on the crimes it’s cleared.

Every other city in the top 10 most populous U.S. cities does provide this data in some form, but at No. 11, Austin does not.

After KUT News asked the police department why they haven’t shared those numbers publicly, APD said it will begin publicizing those numbers.

So what are clearance rates, and why do they matter? Let’s take a look. …

For more than a decade, APD provided reports of all crimes in its annual crime and traffic report. In 2021, when Austin saw more murders than it had in decades, the department stopped publishing those reports.

Since then, the clearance rates have not been made available to the city in any public-facing way. In order to understand how APD is doing, KUT News conducted an analysis of the data submitted by the police department to the Texas Department of Public Safety and found those numbers have been steadily improving since a spike in crime just after the pandemic. More robberies, assaults, sexual assaults and murders were solved in 2023 than the previous year.

Compared to the rest of the country, Austin has had a pretty average clearance rate. As with most departments, APD has struggled to solve things like larceny and car thefts, which have bogged down its overall average clearance rate. Its murder clearances – roughly 85 percent over the last five years – are significantly above the national average of around 53 percent.

The Texas Department of Public Safety compiles a yearly crime report based on what it receives from APD. The numbers are also submitted to the FBI, as the department is legally required to do. But those numbers sit on a shelf: The department doesn’t provide updates to City Council or other city commissions on how many crimes are solved in a given year.

There have been a lot of understandable headwinds facing the department that could’ve contributed to this lack of data.

Austin police are understaffed, overworked and, they’d argue, underpaid. That’s been the case for years among officers, but those staffing shortages haven’t been as drastic among civilian employees who compile and publish this data.” KUT

“New citywide tourism district, funded through hotel room fees, nears industry approval,” Austin Business Journal’s Sean Hemmersmeier — “A plan to help buoy Austin's tourism sector — funded through a new fee on hotel rooms — is close to getting a green light from the hotel industry. 

That's according to Visit Austin CEO Tom Noonan, who said the so-called Tourism Public Improvement District is on the verge of enough hotel support to win approval.

The aim of the new district would be to better market Austin as a destination for business travel and tourism, particularly during the period when the city is without a convention center. The Austin Convention Center is set to be demolished early next year, but its replacement won't open until 2029. It's already cost Austin at least one big convention and many in the hospitality sector are working to curb future losses by encouraging event organizers to host large conventions in multiple hotel ballrooms.

Funding for the district would come from a 2% nightly room fee charged by hotels across the city that have at least 100 rooms — a levy expected to generate in the low-$20 million annually, Noonan said. 

The Austin City Council approved the concept of the TPID in September 2023, but under state law the local hotel industry also needs to sign on. For the TPID to go into effect, it needs support from hotels representing 60% of the assessed value of the roughly 150 citywide that are eligible, as well as from hotels representing 60% of the total square footage of those eligible or 60% of the total number of those eligible.

The district has already been approved by 78% of hotels in the assessed value category, Noonan said, and it has approval percentages in the mid-50% range in the other two categories. He said he expects enough hotels to sign on to the TPID in the next few weeks to hit the 60% thresholds in the other two categories, although the approvals will still need to be vetted by the city and the Texas Hotel and Lodging Association, and the City Council also will have to give the plan a final OK.

Ideally, Noonan said, the TPID will be in place and generating revenue by the start of 2025, which he called good timing with the convention center slated to close April 1 next year.” ABJ ($)

BUSINESS NEWS

~ “Austin parking tech startup FlashParking snags $85M to expand,” Austin Business Journal’s Brent Wistrom – “After death and taxes, you might consider parking one of those inevitable and unenviable life experiences.

That's another way of saying that parking is ripe with business opportunity because almost everyone needs it, at least in most American cities.

Austin-based FlashParking Inc. has staked a claim in the potentially lucrative space. The company, founded in 2011, has developed a parking software platform that provides real-time data and dynamic pricing for parking garage operators, as well as an EV charging division that recently received a $5.8 million grant from the California Energy Commission.

Now the local company is opening a new chapter in its growth with the help of $85 million in debt financing from Vantage Infrastructure. It also has an option for an extension to $100 million.

The debt funding is intended to help the company create a special purpose vehicle offering that will help parking garage operators pay for installation and operation of Flash's parking and EV charging technologies with flexible payment options.

“Asset owners and operators have a myriad of budgetary and deployment preferences — the payment options we can now extend through the SPV will allow customers to join the Flash platform on terms that work best for them," Flash President Chris Donus stated. “Innovation in payment options is as critical as platform innovation in pursuit of our vision for the parking industry’s transformation in light of the scale and momentum we're on pace to achieve."“ ABJ ($)

~ “New vision aims to transform South Austin’s Hill’s Cafe site into large mixed-use project,” Austin American-Statesman’s Shonda Novak – “New plans are taking shape for what could become a $300 million project on the site that once housed Hill's Cafe, a fixture on Austin's South Congress Avenue for more than seven decades.

The large mixed-use project is planned for an area that is transforming into an up-and-coming urban district with new housing, eating, recreation and other options, creating a scene all its own as one of the city's emerging hot submarkets.

The latest iteration of the Hill's Cafe property calls for two hotels, a revival of the iconic restaurant and outdoor music venue that closed in 2018, and more than 440 apartments. Retail and office space also is planned.

The 15-acre property, which backs up to a tributary of Williamson Creek, is at 4700 South Congress, south of Ben White Boulevard and St. Elmo Road.

Called the Hills on South Congress, the Sutton Co., an Austin-based developer, is teaming on the first phase of the proposed project with Dallas-based KOA Partners and New York City-based Atalaya Capital.

Revised plans for the site are nearing completion, said Mac Pike, chairman of the Sutton Co.

If all goes as planned, construction on the apartments could start early next year, Pike said, and the first units could open 18 months later. The project would be built in two phases, he said. Sutton is working with the city of Austin on final plans for the entire 15 acres.” AAS ($)

OTHER NEWS

~ “Lake Travis water levels prompt businesses to adapt,” via Fox 7 Austin – “The recent wet weather is helping the water levels at Lake Travis, but that comes after a dry summer and one business says it’s had to get creative with its operations in response.

"The low water impacts the lake economy massively," said Stephen Scherer, operator of Windy Point Park.

For staff at Windy Point Park along Lake Travis, they follow the lake levels closely. The 12-acre campground offers scuba diving, wind surfing, stand up paddle boarding and more.

"It's a great escape. And we've got tons of room. That is, you know, abutting 1000 foot of shoreline. So, it's just, a really, beautiful, serene place," said Scherer.

But Scherer says the dry summer has impacted them.

"The low lake levels have really, you know, curtailed some of the business," Scherer said.

Some Central Texas lake levels are up after recent rain from this week.

According to the Lower Colorado River Authority, historically the September average for Lake Travis is around 662 feet. As of last check, Lake Travis is at almost 643 feet.

But the good news, is that it’s up around two to three feet from the week prior.

"We want to see that since the lake levels aren't where they should be. Lake Travis at this point is around 50% full, so there's a lot more water that it could use that would make it a lot better. So, we like to see more rain coming in. This is a good thing, but there's still a long way to go," said FOX 7 meteorologist Leslie London.” Fox 7 Austin

SPORTS

~ TEXAS FOOTBALL: “Texas football searching for ‘killer instinct’ even after manhandling Michigan,” Austin American-Statesman’s Danny Davis — “To begin its 2024 season, Texas football recorded a 52-0 win over Colorado State before beating Michigan by 19 points on the road.

That's been enough to impress the 54 voters in the US LBM Coaches Poll; Texas is still ranked third. That effort has also been enough to impress the 63 voters who moved Texas into the No. 2 slot in the Associated Press poll on Sunday. Texas even received first-place votes from one coach and four media members.

Texas coach Steve Sarkisian has also been impressed. To start his weekly media availability Monday, he listed some of the things he likes about his team. The Longhorns have scored touchdowns on 10 of their 11 red zone trips, and Bert Auburn hit a 26-yard field goal on that 11th possession. Texas has forced five turnovers and committed just one. The third-down numbers are good on both offense and defense.

But ...

"We are not a finished product by any means," Sarkisian stated.

So what doesn't Sarkisian like about these Longhorns? Texas only has one sack, so those numbers must improve. There have been a few kickoffs that he hasn't been pleased with. Texas would like the newcomers in the receiving corps to block better on the perimeter.

Sarkisian also stressed that Texas must develop a killer instinct. Texas played its starters in the fourth quarter against Michigan, but the Longhorns were outgained by a 132-16 margin over the final 15 minutes. Texas earned just one first down and didn't score in the fourth quarter while Michigan tallied its lone touchdown on a 31-yard pass with less than two minutes left.

"I want to play 60 minutes. I want to make it 60 minutes of hell for our opponents, and we have a roster that can do that," Sarkisian said. "That's also a mentality that we're striving for, that we're working towards and I think that we can get better at. That's definitely a point of emphasis of ours as well."“ AAS ($)

~ TEXAS FOOTBALL: “After huge Michigan win, Longhorns shift to opponent who is ‘backed into a corner’,” KXAN’s Billy Gates — “Texas showed the country what it’s capable of in a 31-12 win over Michigan at The Big House, and now it’s all about avoiding the letdown.

The No. 2 Longhorns are back in Austin to take on UTSA at 6 p.m. Saturday, and even though the Roadrunners were hammered by rival Texas State 49-10, Texas head coach Steve Sarkisian said UTSA is still “dangerous.”

“The toughest opponents to play are the ones who are wounded and backed into a corner,” Sarkisian said. “They’re talented and well-coached, Coach (Jeff) Traylor has done a nice job there, and we’re going to get their best shot. We need to prepare like we have the previous two weeks to ensure that they get our best shot.”

The college football world has already seen what a team dropping its guard looks like. After Notre Dame entered Kyle Field and beat Texas A&M 23-13, they returned to Notre Dame Stadium and laid an egg the following week. After the Irish paid Northern Illinois $1.4 million to play the game, the Huskies took the money and ran back home with the biggest upset of the year, a 16-14 stunner that came on a 35-yard field goal with 0:31 left in the game.

Sarkisian said he shows his team clips of upsets like that to reinforce the importance and preparing for faceless opponents and not being swayed by a jersey color or helmet logo. He acknowledged, however, that his players are only human and sometimes complacency could set it.

“Human nature is human nature, so what did I do this morning? I walked them through the Notre Dame scenario,” he said. “They went into College Station and won that game, being anointed a top 5 team and in the College Football Playoff, and then a week later, losing to Northern Illinois. I showed the clip of Northern Illinois storming the field as a good reminder that we’re entitled to nothing. We’re capable of anything, we’ve got a really good team, but we’re entitled to nothing. We’re going to earn everything we get and we’ve got to earn the victory Saturday.”” KXAN

QUICK LINKS

~ Lawsuit against 'Trump Train' drivers who swarmed Biden bus in 2020 goes to trial in Austin - Austin American-Statesman

~ Texas leaders urge caution as Francine strengthens in the Gulf - KXAN Austin

~ Bon Appétit names Central Texas barbecue restaurant one of country’s Best New Restaurants - Austin American-Statesman

~ Tropical Storm Francine named, to bring heavy rain to Texas Austin American-Statesman

~ After huge Michigan win, Longhorns shift to opponent who is ‘backed into a corner’ - KXAN Austin

~ Hotels nearing agreement on tax plan to provide homelessness services funding - Austin Monitor

~ Police: Man charged with murder following altercation while throwing dice - Austin American-Statesman

~ UT students can now claim ‘reserved student tickets’ for Longhorn football games - KXAN Austin

~ Record-setting 71-pound fish caught in Lady Bird Lake - KXAN Austin

~ Spectrum outage in Buda under investigation - KVUE

~ Bastrop veterans banquet celebrates 20 years in November - Community Impact

~ New Austin police chief reports for her first day - KVUE

~ Eanes, Lake Travis ISDs officials outline school curriculum adoption process - Community Impact

~ City of Kyle approves economic incentive for Hays Co. Bar-B-Que - Community Impact

~ APD identifies victim, woman arrested in connection with deadly crash on South Congress - KXAN

~ Dessert trailer The Bougie Foodie opens brick-and-mortar in South Austin - Community Impact

~ Culver's coming soon to Georgetown - Community Impact

~ Fajita Pete's now serving Tex-Mex to Westlake - Community Impact

~ Saint Mary Orthodox Church rebuilding Cedar Park community center - Community Impact

~ New locally owned antique shop opens in downtown Buda - Community Impact

~ South Korean EV supplier Futronic USA aims to tap into industry hotbed with Buda location - ABJ

~ Elgin Veterans' Memorial Park gets $4.4M facelift - Community Impact

AUSTIN CULTURE

~ DINING: ”Where to Eat and Drink in Rosedale in Austin” Eater Austin

WHAT TO DO TONIGHT

~ LIVE MUSIC: Green Day with Rancid. Doors 5pm, show 6:30pm. Germania Insurance Theater (COTA). Tix $60 and up here.

~ POSTPONED: Childish Gambino’s show at Moody Theater scheduled for tonight has been postponed. KVUE

~ LIVE JAZZ: Jon Deas (Monks Jazz Club). Show 8pm. $40 tix here.

COOL JOB ALERT

~ Advance Representative: Texas Department of Emergency Management (TDEM). Salary: $4,638/monthly. Info / apply here.