Sep 21, 2023 City Council Regular Meeting

[1. Open Meeting.]

[00:00:08]

GOOD EVENING.

TODAY IS THURSDAY, SEPTEMBER 21ST, 2023, AND THE TIME IS 6:01 PM AND THIS IS THE BRIEFING WORKSHOP OF THE LEANDER CITY COUNCIL, CITY

[2. Roll Call.]

WILL YOU PLEASE CALL ROLE COUNCIL MEMBER CATHERINE BATTALION PARKER.

HERE, MAYOR PORT TIM INE MACKIE LONGORIA.

HERE, COUNCIL MEMBER DAVID MCDONALD.

COUNCIL MEMBER NICOLE THOMPSON.

PRESENT, COUNCIL MEMBER CHRIS SNICK.

HERE.

COUNCIL MEMBER BECKY ROSS.

MAYOR CHRISTINE DELAL.

HERE

[3. Convene into Executive Session pursuant to: 1. Section 551.072, Texas Government Code, to deliberate the acquisition of properties located in Leander Heights Section One Replat for the purpose of a Lift Station wastewater easement and temporary construction easement for Wastewater Lift Station Rehabilitations (CIP WW.44); and 2. Section 551.071, Texas Government Code, and Section 1.05, Texas Disciplinary Rules of Professional Conduct to consult with legal counsel regarding recreation center; and 3. Section 551.071, Texas Government Code, and Section 1.05, Texas Disciplinary Rules of Professional Conduct to consult with legal counsel regarding proposed Travis Municipal Utility District No. 30; and 4. Section 551.071, Texas Government Code, Section 1.05, Texas Disciplinary Rules of Professional Conduct, to deliberate with legal counsel regarding Meet and Confer; and 5. Section 551.074, Texas Government Code, to discuss or deliberate the appointment, employment, evaluation, reassignment, duties of a public officer or employee: City Manager search; and 6. Section 551.074, Texas Government Code, to discuss or deliberate the appointment, employment and duties of a public officer or employee: Interim City Manager. Reconvene into open session to take action as deemed appropriate in the City Council's discretion regarding: 1. Wastewater Lift Station Rehabilitations (CIP WW.44); and 2. Recreation Center; and 3. proposed Travis Municipal Utility District No. 30; and 4. Meet and Confer; and 5. City Manager search; and 6. Interim City Manager.]

WE'RE GOING TO CONVENE INTO EXECUTIVE SESSION PURSUANT TO HANG WITH ME, ONE SECTION 5 5 1 0.072 TEXAS GOVERNMENT CODE TO DELIBERATE THE ACQUISITION OF PROPERTIES LOCATED IN LEANDER HEIGHTS.

SECTION ONE REPL FOR THE PURPOSE OF A LIFT STATION, WASTEWATER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR WASTEWATER.

LIFT STATION REHABILITATION, C I P WW 0.44 AND TWO, SECTION 5 5 1 0.071 TEXAS GOVERNMENT CODE AND SECTION 1.05.

TEXAS DISCIPLINARY RULES PROFESSIONAL CONDUCT TO CONSULT WITH LEGAL COUNSEL REGARDING RECREATION CENTER AND THREE SECTION FIVE 1.071 TEXAS GOVERNMENT CODE AND SECTION 1.05.

TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT TO CONSULT WITH LEGAL COUNSEL REGARDING PROPOSED TRAVIS MUNICIPAL UTILITY DISTRICT NUMBER 30 AND FOUR, SECTION 5 5 1 0.071 TEXAS GOVERNMENT CODE SECTION 1.05.

TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT TO DELIBERATE WITH LEGAL COUNSEL REGARDING MEET AND CONFER.

AND NUMBER FIVE WAS PULLED FROM THE AGENDA.

AND NUMBER SIX, SECTION 5 5 1 0.074.

TEXAS GOVERNMENT CODE TO DISCUSS OR DELIBERATE THE APPOINTMENT, EMPLOYMENT, AND DUTIES OF A PUBLIC OFFICER OR EMPLOYEE.

INTERIM CITY MANAGER.

THE TIME IS 6:03 PM ALL RIGHT, COUNCIL IS RECONVENING BACK INTO OPEN SESSION AT 7:09 PM AND THE CITY COUNCIL DID NOT COMPLETE ITS EXECUTIVE SESSION AND WILL RE RECONVENE BACK INTO EXECUTIVE SESSION AT THE END OF THE REGULAR MEETING.

WE'RE NOW GOING TO ADJOURN THE BRIEFING WORKSHOP AT 7:10 PM AND COUNCIL WILL BE IN A FIVE MINUTE RECESS.

BEFORE WE START OUR REGULAR MEETING, PLEASE BE BACK AT SEVEN 15.

[4. Open Meeting, Invocation and Pledges of Allegiance.]

TODAY IS THURSDAY, SEPTEMBER 21ST, 2023.

AND THE TIME IS 7:16 PM AND THIS IS THE REGULAR MEETING OF THE LEANDER CITY COUNCIL.

VICKY CHOW FROM THE BAJA COMMUNITY WILL BE PROVIDING OUR INVOCATION, FOLLOWING THE INVOCATION, PLEASE REMAIN STANDING FOR THE PLEDGES OF ALLEGIANCE.

GOOD EVENING EVERYBODY.

OH THOU, THOU MERCIFUL GOD.

OH THOU WHO ART THE MIGHTY AND POWERFUL.

OH THOU MOST KIND FATHER, THESE SERVANTS HAVE GATHERED TOGETHER TURNING TO THEE SUPPLICATING THY THRESHOLD, DESIRING THINE ENDLESS BOUNTIES FROM THY GREAT ASSURANCE.

THEY HAVE NO PURPOSE.

SAVE THY GOOD PLEASURE.

THEY HAVE NO INTENTION.

SAVE SERVICE TO THE WORLD OF HUMANITY.

OH GOD, MAKE THIS ASSEMBLAGE RADIANT.

MAKE THE HEARTS MERCIFUL.

CONFER THE BOUNTIES OF THE HOLY SPIRIT.

ENDOW THEM WITH A POWER FROM HEAVEN.

BLESS THEM WITH HEAVENLY MINDS.

INCREASE THEIR SINCERITY SO THAT WITH ALL HUMILITY AND CONTRITION, THEY MAY TURN TO THY KINGDOM AND BE OCCUPIED WITH THE SERVICE TO THE WORLD OF HUMANITY.

MAY EACH ONE BECOME A RADIANT CANDLE.

MAY EACH ONE BECOME A BRILLIANT STAR.

MAY EACH ONE BECOME BEAUTIFUL IN COLOR AND REDOLENT OF FRAGRANCE IN THE KINGDOM OF GOD.

OH, CON KIND.

FATHER CONFER THY BLESSINGS.

CONSIDER NOT OUR SHORTCOMINGS.

SHELTER US UNDER THY PROTECTION.

REMEMBER, NOT OUR SINS.

HEAL US WITH THY MERCY.

WE ARE WEAK THOU OUR MIGHTY.

WE ARE POOR THOU ART RICH.

[00:05:01]

THOU ART THE PHYSICIAN.

WE ARE NEEDY.

THOU ART MOST GENEROUS OH GOD, IN THOU US WITH THY PROVIDENCE.

THOU ART THE POWERFUL THOU ART THE GIVER, GIVEN GIVER.

THOU ART THE BENEFICENT.

AMEN TO THE FLAG OF THE UNITED STATES OF AMERICA.

AND TO THE REPUBLIC GOING TO STANDS, ONE NATION UNDER GOD INVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

HONOR THE TEXAS FLAG.

I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD, ONE AND INDIVISIBLE.

THANK YOU SO MUCH.

THAT WAS LOVELY.

ALL RIGHT, ITEM

[5. Roll Call.]

HERE, MAYOR PORTES MAKI LAGO.

HERE, COUNCIL MEMBER DAVID MCDONALD.

COUNCIL MEMBER NICOLE THOMPSON.

PRESENT COUNCIL MEMBER CHRIS CERNEY.

HERE, COUNCIL MEMBER BECKY ROSS, MAYOR CHRISTINE DELAL.

HERE QUORUM IS PRESENT OF CITY COUNCIL, IS ELIGIBLE TO DO BUSINESS.

[6. Public comments on items not listed in the agenda. Public comments on items listed in the agenda will be heard at the time each item is discussed by Council. [All comments are limited to no more than 3 minutes (6 minutes if translation is needed) per individual.] ]

FOR ITEMS ON THE AGENDA, I WILL CALL ON SPEAKERS PRIOR TO THE DISCUSSION OF THE AGENDA ITEM AND DURING THE PUBLIC HEARING, INDIVIDUALS THAT SUBMITTED COMMENTS VIA THE WEBSITE WILL ONLY HAVE POSITIONS READ INTO THE RECORD.

ANY WRITTEN COMMENTS HAVE BEEN SHARED WITH THE COUNCIL AND WILL BE MADE A PART OF THE OFFICIAL RECORD.

IT'S IMPORTANT TO NOTE THAT DURING PUBLIC COMMENTS, IT IS A TIME FOR YOU TO SPEAK TO COUNSEL.

IT'S NOT A TIME THAT WE CAN HAVE ANY SORT OF BACK AND FORTH DISCUSSION THAT IS CONSIDERED DELIBERATION BY THE STATE OF TEXAS.

I DO HAVE ONE PERSON SIGNED UP TO SPEAK TONIGHT.

UH, .

GOOD EVENING.

COME ON UP.

I'M SORRY IF I SAID THAT INCORRECTLY.

OKAY, THANK YOU.

SOMEBODY HERE.

OKAY.

OH, ALL RIGHT.

COME RIGHT UP TO THE MICROPHONE AND PLEASE GIVE YOUR NAME AND ADDRESS AND YOU'LL HAVE THREE MINUTES.

OKAY.

UH, MY NAME IS NEWLY AND MY HOME ADDRESS IS 1 7 1 2 SVO COURT IN LEANDER, TEXAS.

AND I AM A REGISTERED VOTER.

AND I'M HERE TODAY TO SPEAK TO YOU REGARDING THE NOISE ORDINANCE THAT WE HAVE IN THE RESIDENTIAL AREA.

UM, SO AS YOU KNOW, EVERY CITY IN IN AMERICA HAVE A QUIET HOURS.

SO HOW DO WE DEFY QUIET HOURS IN LEANER? OUR LIMIT IS 85 DECIBEL IN THE RESIDENTIAL AREA AT NIGHTTIME.

AND WHAT IS 85? 85 IS THE SAME LIMIT AS AUSTIN OUTDOOR LIVE CONCERT VENUE.

LET'S TAKE THAT IN.

IT'S EQUIVALENT TO ME ASKING YOU TO PUT YOUR BED IN THE MIDDLE OF A LIVE CONCERT AND ASK YOU, THIS IS QUIET HOURS AND YOU NEED TO GO TO SLEEP.

I HAVE THREE CHILDREN I HAVE CALCULATED IN ONE YEAR.

WE SUFFER ENDURE 600 HOURS OF THIS BLASTING MUSIC FROM MY NEIGHBOR ON A GOOD NIGHT, FROM 8:00 PM TO TWO 30 ON THE BAD NIGHT, FROM 8:00 PM TO THREE 30.

THEY ARE ARRANGING FROM EIGHT YEARS OLD.

I DID NOT DESERVE TO ENDURE THIS MANY HOURS OF TORTURE.

THIS IS PSYCHOLOGICAL TORTURE.

AND WHAT IS OUR NEIGHBORING CD HAVE IN TERM OF NOISE? ORDINANCE? LEANER, 85 DECIBEL.

THAT'S THE UNIT WE MEASURE.

NOISE LIMIT DECIBEL IS THE SAME AS FEED OR INCHES LEANER.

85 CEDAR PARK, 50 LEANER, 85 ROUND ROCK, 50 LEANDRO 85 GEORGETOWN 56 LEANDRO 85 DALLAS 55.

AND FOR THE FUN OF IT, I CHECK NEW YORK CITY, 40 DECIBEL.

I'M HERE.

I KNOW EACH ONE OF YOU IS A MOM AND A DAD.

PLEASE TAKE THIS INTO CONSIDERATION.

THIS HAS BEEN FOUR YEARS IN LEANDER OF SUFFERING, AND I CAN'T TAKE THIS ANYMORE.

85 IN THE RESIDENT RESIDENTIAL AREA, WE ARE ALLOWED OUR RESIDENTS TO USE THE OUTDOOR AMPLIFIED SPEAKER TO PLAY MUSIC AS LONG AS THEY WANT.

I HAVE CALLED AUTHORITIES.

CAN THEY ASK THEM TO TONE IT DOWN? NO.

BECAUSE OF SPEED, THE LIMIT IS 85.

AND WHAT IS 85 IS THE SAME AS AN AUSTIN AL OUTDOOR LIVE CONCERT.

PLEASE, PLEASE DO SOMETHING FOR MY CHILDREN.

THEY MOVE HIS DAY EIGHT.

THIS ALONG.

SUFFERING.

PLEASE.

THAT'S ALL I HAVE TO SAY.

THANK YOU SO MUCH.

THANK YOU MS. LEE.

UH, WE DON'T HAVE ANYBODY ELSE SIGNED UP TO SPEAK ON NON-AG AGENDA ITEM PUBLIC COMMENTS TONIGHT.

WAS THERE ANYBODY WHO WISHED TO SPEAK? OKAY.

MOVE ON TO ITEM NUMBER

[7. Recognitions/Proclamations/Visitors. Emergency Preparedness Month Proclamation (September) Austin Community College 50th Anniversary Proclamation Certificate of Recognition recognizing retirement of Dr. Rhodes, Chancellor Austin Community College]

WE DO HAVE A FEW, UH, PROCLAMATIONS TONIGHT.

FIRST UP, WE HAVE EMERGENCY PREPAREDNESS MONTH WITH, UH, PRO TEM MATT KI LONGORIA,

[00:10:01]

AND WHEREAS THE STATE OF TEXAS HISTORICALLY LEADS A NATION IN THE NUMBER OF FEDERALLY DECLARED DISASTERS, BE THEY NATURAL HAZARDS, TECHNOLOGICAL OR HUMAN CAUSE.

AND WHEREAS NATURAL PREPAREDNESS NATIONAL PREPAREDNESS MONTH IS AN OPPORTUNITY FOR CAP COG TO INFORM AND EDUCATE RESIDENTS, BUSINESSES, SCHOOLS AND COMMUNITIES IN THE CAP COG REGION TO BE MORE PREPARED FOR DEVELOPING THE CAPABILITIES NEEDED TO PREVENT, PROTECT AGAINST, RESPOND, TO RECOVER FROM, AND MITIGATE AGAINST ALL THREATS AND HAZARDS.

WHEREAS PREPAREDNESS IS A RESPONSIBILITY OF EVERY RESIDENT OF THE CAP COG 10 COUNTY REGION.

AND WHEREAS PREPAREDNESS IS A NATIONAL PRIORITY WITH THE GOAL OF SHARED SAFETY AND RESILIENCE.

AND WHEREAS PERSONAL BUSINESS, ANIMAL AND PRIVATE SECTOR PREPAREDNESS MAY SERVE TO MITIGATE THE IMPACTS OF VARIOUS INCIDENTS, EMERGENCIES, AND DISASTERS IN THE CAP COG REGION.

AND WHEREAS THE CAP COG EXECUTIVE COMMITTEE ENCOURAGES ALL RESIDENTS TO PARTICIPATE IN PREPAREDNESS ACTIVITIES AND ARE ASKED TO REVIEW PREPAREDNESS INFORMATION@READY.GOV AND TO SIGN UP TO RECEIVE EMERGENCY ALERTS VIA WARREN CENTRAL TEXAS.ORG TO BECOME MORE KNOWLEDGEABLE AND PREPARED, THEREFORE BE IT RESOLVED.

I MAYOR CHRISTINE LYLE, DO HEREBY DECLARE SEPTEMBER, 2023 AS NATIONAL PREPAREDNESS MONTH AND ENCOURAGES ALL CITIZENS AND BUSINESSES TO DEVELOP THEIR OWN EMERGENCY PREPAREDNESS PLAN.

GO TO WARREN CENTRAL TEXAS.ORG TO REGISTER TO RECEIVE EMERGENCY ALERTS AND WORK AS A TEAM TOWARDS THAT END AND WITNESS THEREOF.

I HAVE HURON TWO SET MY HAND AND CAUSE A SEAL OF THE CITY OF LEANDER TO BE AFFIXED ON SEPTEMBER 21ST, 2023.

THANK YOU MAYOR AND COUNCIL.

UH, BILLY WORCESTER HAUSEN, FIRE CHIEF FOR THE CITY.

UH, I HAD THE DISTINCT PRIVILEGE OF INTRODUCING TO YOU TONIGHT OUR, OUR NEW EMERGENCY MANAGEMENT COORDINATOR, AUBREY HOLMES.

HE, UH, COMES TO US WITH 10 YEARS OF EXPERIENCE, UH, NOT JUST IN THE PAPERWORK END OF THINGS, BUT AUBREY HAS ACTUALLY RESPONDED THROUGHOUT THE UNITED STATES ON DISASTERS AND BEEN FEET ON THE GROUND IN THOSE DISASTER AREAS.

UH, HE LEADS ONE OF THE, UH, INCIDENT MANAGEMENT TEAMS IN THE, UH, REGION HERE IN TEXAS.

UH, SO HE IS A WEALTH OF INFORMATION AND A GREAT RESOURCE AND ASSET FOR US TO HAVE.

HE'S ALSO ACCREDITED AS AN ASSOCIATE EMERGENCY MANAGEMENT COORDINATOR AND A, UH, THROUGH THE INTERNATIONAL ASSOCIATION OF EMERGENCY MANAGERS.

SO, UH, I'D LIKE TO TURN IT OVER TO AUBREY AND LET HIM, UH, SAY A FEW WORDS.

WELCOME.

THANK YOU VERY MUCH, AUBREY HOLMES.

I'M PLEASED TO SERVE THIS COMMUNITY AS THIS EMERGENCY MANAGEMENT COORDINATOR.

UH, I'M VERY EXCITED TO BE HERE AND TO DO GREAT AND WONDERFUL THINGS WITH THIS WONDERFUL COMMUNITY.

UM, I HAVE CHILDREN THAT, UH, GO TO SCHOOLS HERE AND I JUST WANNA MAKE IT SAFE FOR THEM AND AS WELL AS EVERYBODY ELSE'S, UH, FAMILY.

SO THANK YOU VERY MUCH FOR THIS OPPORTUNITY.

WELCOME.

THANK YOU.

WELCOME.

ALL RIGHT.

AND FOR THOSE OF YOU WHO DON'T KNOW, YOU MIGHT HAVE CAUGHT IT IN THE PROCLAMATION, WARREN CENTRAL TEXAS.ORG IS WHERE YOU GO TO SIGN UP FOR EMERGENCY ALERTS ON YOUR PHONE, YOUR EMAIL TO RELATIVES, WHATEVER YOU NEED, UM, TO BE INFORMED WHENEVER THERE'S ANY SORT OF EMERGENCY THAT'S COMING FOR US.

UM, OUR NEXT ONE, WE HAVE A CERTIFICATE OF RECOGNITION FOR THE RETIREMENT OF DR.

RHODES, CHANCELLOR OF AUSTIN COMMUNITY COLLEGE.

AND WE'RE GONNA DO THAT IN CONJUNCTION.

UNFORTUNATELY, MR. RHODES COULD NOT BE HERE TONIGHT.

WE'RE GONNA DO THIS IN CONJUNCTION WITH A PROCLAMATION RECOGNIZING THE 50TH ANNIVERSARY OF AUSTIN COMMUNITY COLLEGE.

WHEREAS

[00:15:01]

AND WHEREAS A C C OPENED ITS DOORS NINE MONTHS LATER ON SEPTEMBER 17TH, 1973 WITH 1,726 STUDENTS AND 177 FACULTY AND STAFF.

AND WHEREAS IN THE 50 YEARS SINCE ITS FOUNDING, A C C HAS SERVED THE CENTRAL TEXAS COMMUNITY PROVIDING PROMISING PATHWAYS TO HUNDREDS OF THOUSANDS OF HIGH SCHOOL STUDENTS SEEKING EARLY ACCESS TO COLLEGE, TRADITIONAL COLLEGE AGE STUDENTS SEEKING TO TRANSFER TO A FOUR YEAR UNIVERSITY AND ADULTS SEEKING TO GAIN ADDITIONAL SKILLS AND ADVANCE IN THEIR CAREER.

AND WHEREAS OVER THE YEARS, ACCS SERVICE AREA HAS GROWN TO A REGION THAT IS GEOGRAPHICALLY THE SIZE OF CONNECTICUT WITH A TAXING DISTRICT THAT INCLUDES SEVEN SCHOOL DISTRICTS, INCLUDING LEANDER, I S D.

AND WHEREAS A C C IS RECOGNIZED FOR ITS WORK TO CLOSE EQUITY GAPS IN HIGHER EDUCATION AND IS ONE OF THE NATION'S ACHIEVING THE DREAM LEADER COLLEGES FOR IMPROVING STUDENT OUTCOMES AND ELEVATING THE IMPORTANCE OF COMPLETION MILESTONES.

NOW THEREFORE, I MAYOR CHRISTINE JILE OF THE CITY OF LEANDRO, TEXAS TO HEREBY CONGRATULATE AND ACKNOWLEDGE A C C FOR ITS 50TH ANNIVERSARY.

AND I LOOK FORWARD TO MANY MORE GREAT YEARS TO COME AND WITNESS THEREOF.

I HERE TO SET MY HAND AND CAUSE THE SEAL OF THE CITY OF TO BE AFFIXED ON SEPTEMBER 21ST, 2023.

WELCOME VICE CHANCELLOR SERINI.

YOU SHOULD HAVE THERE.

IT'S OH, PERFECT.

MADAM MAYOR, MEMBERS OF THE COUNCIL, THANK YOU SO MUCH FOR THIS HONOR.

UM, MY NAME IS DR.

CHRIS SERINI.

I AM THE VICE CHANCELLOR OF COMMUNITY AND PUBLIC AFFAIRS.

AND I JUST WANTED TO SAY THAT AUSTIN COMMUNITY COLLEGE IS INCREDIBLY PROUD TO BE A PARTNER WITH THE CITY OF LEANDER.

UH, WITH THE, UH, THE, THE BUSINESSES THAT ARE IN LEANDER, WE ARE AN OPEN ACCESS INSTITUTION.

WE EXIST, UH, TO MEET STUDENTS WHEREVER THEY ARE AND TO GET THEM TO THE NEXT LEVEL, BE THEY EARLY COLLEGE HIGH SCHOOL STUDENTS, BE THEY SOMEONE IN THE THIR THEIR THIRTIES OR FORTIES WHO ARE LOOKING TO HIT THE RESET BUTTON.

OUR COLLEGE EXISTS TO PROVIDE PATHWAYS TO ECONOMIC MOBILITY FOR EVERYONE IN OUR COMMUNITY, AND WE ARE INCREDIBLY PROUD OF THAT MISSION.

UM, I WANTED FOR THE RECORD TO, UH, ACKNOWLEDGE THE A C C, MY A C C COLLEAGUES THAT ARE WITH US TONIGHT.

UH, WE HAVE DR.

NANCY STANO, ADAM SOCEDO, ANDREA HECKLER, BETH PRICKETT, DR.

CYNTHIA TANNER, AND STEWART.

SO, UH, I'M ON, ON BEHALF OF MY COLLEAGUES, ON BEHALF OF DR.

RHODES, ON BEHALF OF OUR BOARD OF TRUSTEES, I WANT TO THANK THE CITY OF LEANDER NOT ONLY FOR THIS RECOGNITION TONIGHT, BUT FOR YOUR CONTINUED AND ENDURING PARTNERSHIP SO THAT TOGETHER WE CAN LIFT UP THE PEOPLE OF CENTRAL TEXAS AND PROVIDE PATHWAYS TO PROSPERITY FOR ALL OF THEM.

SO THANK YOU.

OKAY, THANK YOU.

[8. Leander History]

WHAT IS YOUR OFFICIAL TITLE RIGHT NOW? I DON'T HAVE ONE, BUT YOU'RE WITH THE HISTORICAL PRESERVATION COMMITTEE? YES, I'M WITH THE HISTORICAL PRESERVATION COMMISSION THIS EVENING.

THANK YOU.

YES, WELCOME, .

THAT THAT HAT IS ON.

UH OH.

LEAN YOUR HISTORY.

HERE WE GO.

[00:20:01]

UH, AS SOME OF YOU KNOW, I HAD A REAL BUSY TODAY AND MY FLIGHT DIDN'T LAND UNTIL SIX, SO I'M A LITTLE FRAZZLED.

UM, THIS EVENING I'M GONNA TALK ABOUT BRUSHY CREEK FLOODING, AND UH, I JUST WANTED TO BRING THIS UP BECAUSE WE'VE BEEN IN A LONG DROUGHT, AND I DON'T KNOW IF EVERYONE KNOWS THIS, BUT THE ONLY WAY TO END A DROUGHT IS TO HAVE A FLOOD.

AND BRUSHY CREEK IS REALLY KNOWN FOR ITS BIG FLOODS.

SO WE HAVE ONE COMING AND AND HOPEFULLY IT'LL, I, I DON'T WANNA FLOOD, BUT HOPEFULLY THE DROUGHT WILL BREAK SOON.

UH, THIS IS A PICTURE OF BRUSHY CREEK ON OCTOBER 4TH, 1959.

AND IT IS JUST DOWN, UM, JUST TO THE EAST OF THE 180 3 TOLLWAY.

AND YOU'RE LOOKING AT 2243 AND SEE HOW CLEAR IT IS, THE TREES, THE BRUSH AND ALL OF THAT.

THAT WAS WHAT IT LOOKED LIKE IN 59.

UM, MOST OF THESE PICTURES COME FROM A GENTLEMAN NAMED HAROLD STEWART.

HAROLD STEWART WAS BORN HERE IN LEANDER AND HE WAS A PROFESSIONAL PHOTOGRAPHER HERE.

SO WE HAVE A LOT OF PICTURES OVER HIS 80 YEARS.

UH, THIS IS THE SAME DAY, TURNING JUST A LITTLE BIT TO THE EAST.

AND YOU CAN SEE, LOOK, UH, UH, UH, THE FIELD ON THE OTHER SIDE.

UM, YOU CAN SEE HOW NICE AND CLEAR AND THERE'S NO TREES THERE.

THIS IS THE SAME SPOT, SAME DRIVEWAY, 1969.

WE HAVE A, A FEW MORE LITTLE CEDAR TREES GROWING UP, BUT NOT VERY MUCH.

BUT YOU CAN SEE HOW WIDE THAT THE, THE CREEK GOT THAT DAY.

THIS IS THE CREEK IN APPROXIMATELY THE SAME LOCATION IN 1981.

NOTICE HOW WE HAVE THE CEDAR TREES COMING.

YOU CAN SEE THOSE TREES THERE AND NOTICE UP AT THE UPPER RIGHT HAND CORNER RIGHT UP THERE, RECOGNIZE THAT BUILDING.

THAT'S FAB CON TO GIVE YOU A, A A TO ORIENT YOURSELF.

SO RIGHT NOW YOU CANNOT SEE ANY OF THE CREEK FROM, FROM THE ROAD ALONG EITHER SIDE.

BOTH SIDES ARE SOLID CEDAR TREES AND SOLID BRUSH.

OKAY, SO IF YOU TURN AROUND AND YOU LOOK TO THE SOUTH, AGAIN, THIS IS FROM 1959.

THERE'S A POND, IT'S STEWARD POND.

AND UH, THAT'S WHAT IT LOOKED LIKE ON THAT SAME DAY WHEN IT FLOODED IN 1959.

AND IF, UM, YOU WANT A LITTLE POINT OF REFERENCE FOR WHERE IT IS TODAY? THERE IT IS, YESTERDAY OR TWO DAYS AGO.

TODAY'S THE 21ST.

THIS IS TAKEN OFF OF 180 3 A THE CHURCH.

YEAH, THE CHURCH IS BACK BEHIND THERE.

THE PACK IS BACK BEHIND THERE.

AND YOU CAN SEE THE RIGHT HERE, THAT LITTLE POST I GO BACK, THERE'S THAT POST RIGHT THERE IN THE CENTER, RIGHT THERE.

SO IT LASTED A, A GOOD LONG WHILE, GOOD LONG WHILE.

BUT THE PROBLEM IS, UH, IT'S MUCH SMALLER NOW AS FAR AS THE WATER GOES BECAUSE WE HAVE ALL THESE CEDAR TREES AND ALL OF THIS HERE.

AND IT, IT'S, IT'S A PROBLEM FOR THE HEALTH OF THE CREEK.

AND I, I JUST WANTED TO SHOW Y'ALL HOW IT'S CHANGED IN SUCH A SHORT TIME PERIOD.

AND, AND WE'RE VERY FORTUNATE THAT WE HAVE, WE ARE ABLE TO, UM, TAKE THE CHRONOLOGY OF IT ALONG THERE.

BUT THAT'S OUR, OUR, OUR COMMUNITY.

AND, AND FORTUNATELY STEWARD POND IS STILL THERE BECAUSE, UH, TODAY WHEN I DROVE BY, THERE WERE EGRETS AND CRANES THERE, WHICH IS AWESOME.

SO THAT'S JUST A LITTLE BIT OF THE BRUSHY CREEK THERE.

I, UM, I DON'T HAVE ANY MORE FLOOD PICTURES, SO THAT'S IT.

UM, BUT I DID WANNA SAY ONE THING, UM, JUST FOR DECIBEL REFERENCE FIRE ALARM.

AS Y'ALL KNOW, I'M FIRE ALARMS PART OF MY JOB.

UH, FIRE ALARMS 65 DECIBELS AND ONE 10 DECIBELS.

SO OUR ORDINANCE IS AT 85, WHICH IS ABOVE WHAT FIRE ALARMS ARE, JUST SO YOU HAVE A REFERENCE POINT THERE.

OKAY.

THANK YOU.

THANK YOU COMMISSIONER HOWELL.

ALL

[ CONSENT AGENDA: ACTION]

THIS IS AN ACTION ITEM, MOTION TO APPROVE SECOND, MOTION.

SECOND, IS THERE ANY DISCUSSION? ALL THOSE IN FAVOR PASSES UNANIMOUSLY

[41. Conduct a Public Hearing regarding Subdivision Case CP-22-0012 to adopt the Ultimate Park Leander Concept Plan on three (3) parcels of land approximately 20.40 acres ± in size, more particularly described by Williamson Central Appraisal District Parcels R031323, R510026, and R510300; generally located to the north of the intersection of RM 2243 and Main Street, Leander, Williamson County, Texas. Discuss and consider action regarding Subdivision Case CP-22-0012 as described above. ]

ITEM NUMBER 41, CONDUCT A PUBLIC HEARING REGARDING SUBDIVISION CASE CP DASH 22 DASH ZERO TWO TO ADOPT THE ULTIMATE PARK LEANDER CONCEPT PLAN ON THREE PARCELS OF LAND, APPROXIMATELY 20.4 ACRES, PLUS OR MINUS IN SIZE, AS STATED ON THE POSTED AGENDA.

EXECUTIVE

[00:25:01]

GOOD EVENING.

GOOD EVENING.

UM, THIS IS, UH, A PUBLIC HEARING FOR THE CONCEPT PLAN FOR THE ULTIMATE PARK DEVELOPMENT.

UM, THIS PROJECT IS LOCATED TO THE NORTH OF THE INTERSECTION OF, UH, 2243 AND MAIN STREET.

UM, THIS PROPERTY IS LOCATED WITHIN THE, THE T O D AND HAS T FOUR AND T FIVE ZONING.

UM, THIS REQUEST DOES MEET ALL OF THE REQUIREMENTS OF THE SUBDIVISION ORDINANCE.

SO PER THE TEXAS LOCAL GOVERNMENT CODE, UM, THE COUNCIL IS REQUIRED TO APPROVE IT SINCE THEY'RE NOT REQUESTING ANY VARIANCES.

UM, THE PROPOSAL DOES INCLUDE 3.5 ACRES OF MIXED USE DEVELOPMENT, UM, THAT'S LOCATED AT THE, THE HARD CORNER.

THERE'S T FIVE HERE AND T FIVE HERE.

SO THEY'RE LOOKING AT DOING, UM, COMMERCIAL AND SOME RESIDENTIAL.

AND THEN THE REMAINDER IS T FOUR WHERE THEY'RE PROPOSING TOWNHOUSES.

UM, THE PLANNING AND ZONING COMMISSION DID REVIEW THIS REQUEST, UM, AT THEIR MEETING LAST WEEK AND THEY RECOMMENDED APPROVAL.

AND, UM, I'LL BE GLAD TO ANSWER ANY QUESTIONS AFTER THE PUBLIC HEARING AND THE APPLICANT'S ALSO HERE TO MAKE A PRESENTATION.

THANK YOU.

GOOD EVENING.

HELLO, MY NAME IS PATRICK KERRIGAN.

I'M WITH A L J LINDSEY.

I'M THE SITE CIVIL ENGINEER ON THE PROJECT.

I HAVE A COUPLE OF TEAMMATES HERE WITH ME, THE DEVELOPER AND LEANDER RESIDENT.

DR.

OMER BISON IS HERE, AS WELL AS KELLY KEPHART.

SHE'S WITH WINDROSE, RAN, UH, WINDROSE LAND SURVEYING AND SHE'S THE ONE WHO ACTUALLY, UH, PRODUCED THE CONCEPT PLAN THAT WE'RE HERE TO, UH, DISCUSS.

DR.

BISON'S PUT TOGETHER A FULL TEAM, THE HELP WITH THIS PROJECT, INCLUDING KELLY AND I, AS WELL AS WINSTED AND CHARLES OVER AT CAPITAL MARKET RESEARCH, J N L L, AND THEN JIM MCCANN AT MCCANN ADAMS STUDIO.

THE LOCATION IS, UH, WAS BROUGHT UP BY ROBIN, IS AT THE INTERSECTION OF 2243 AND MAIN STREET, KIND OF IN THE CENTER OF THE TRANSIT ORIENTED DISTRICT.

I'M SORRY, CAN YOU PLEASE MAKE SURE YOU'RE SPEAKING INTO THE MICROPHONE? WE'RE NOT PICKING YOU UP ON THE RECORDING.

I'M SORRY.

THERE YOU GO.

THANK YOU.

SUPER LOUD.

I WAS LIKE, I DON'T WANNA OVERPOWER MY VOICE, BUT THEN, OKAY.

ALRIGHT.

ALRIGHT.

SO, UM, SO WHERE WE WERE WAS THE LOCATION AND, UH, WHERE THAT IS AND RELATIVE TO THE TRANSIT, UH, ORIENTED CORRIDOR.

SO YOU CAN SEE HERE FROM THIS EXHIBIT THAT IT'S FAIRLY CENTRAL IN THE T O D, OBVIOUSLY IMMEDIATELY ADJACENT TO, UH, 22, 43 AND JUST FIVE MINUTES AWAY FROM HERO WAY WITH MAIN STREET ACTUALLY CONNECTING THOSE TWO, UH, ARTERIALS.

AND WITH MAIN STREET, THAT BEING THAT MAIN CONNECTION, YOU CAN ALSO SEE IT'S JUST 10 MINUTES AWAY FROM SOME FAIRLY LARGE ASPECTS OF THE CITY, LEANDER STATION, H E B, AND OLD TOWN.

SO HOW DOES THAT RELATE TO THE ZONING? SO WHEN YOU LOOK AT IT FROM A ZONING PERSPECTIVE, UH, I'VE HIGHLIGHTED THE PROPERTY IN RED THAT OUR ZONING IS T FOUR AND T FIVE, WHICH IS URBAN CENTER AND GENERAL URBAN.

AND YOU CAN SEE LOCATED ALL AROUND US.

WE HAVE T FIVE TO THE NORTH, T FOUR TO THE NORTH, ALSO TO THE WEST.

YOU'LL HAVE T FIVE URBAN CENTER AS WELL TO THE SOUTH AND TO THE EAST ARE PLAN UNIT DEVELOPMENTS.

SO IN TERMS OF OUR PROJECT, HOW DID THAT SITE PLAN CONNECT TO THAT ZONING? AS RODDEN POINTED OUT, WE ARE T FIVE THERE AT THE HARD CORNER AND WE WANTED TO, AH, I SKIPPED OVER THIS.

SO REGARDING THE URBAN, UH, CONCEPT, WE WENT ON THE CITY'S WEBSITE TO GET SOME, UH, PICTURES OF WHAT THE CITY IS INTENDING FOR THE URBAN ENVIRONMENTS.

AND YOU CAN SEE ON THE RIGHT SIDE OF THAT PAGE THE PICTURE THAT WE PICKED OUT, WHICH WILL NOW MAKE SENSE WHEN I SAY AT THE HARD CORNER.

WE HAVE IN T FIVE TRYING THE URBAN CENTER TRYING TO VISUALIZE SOMETHING VERY SIMILAR TO WHAT IS IN THAT PICTURE WITH A COMMERCIAL AT THE GROUND LEVEL.

AND APARTMENTS OVER THAT, UH, IN THAT T FIVE AREA, IN THE T FOUR AREA WILL BE TOWN HOMES WITH, AT THE GROUND LEVEL WILL BE YOUR PARKING TWO FLOORS OF LIVING ABOVE THAT.

AND THAT IS THE PLAN.

AND WHEN YOU LOOK AT THAT PLAN, THE CODE T FOUR AND T FIVE WILL ALLOW US TO PRODUCE 249 UNITS ON THE PROPERTY.

BUT WE'RE CHOOSING A MORE GREEN, LESS DENT, UH, PROJECT WITH 229 DWELLING UNITS.

WE'RE ALSO PRODUCING COMMERCIAL ALONG THAT MAIN STREET CORRIDOR ARTERIAL, WHILE ALSO BEING ABLE TO PRODUCE, UH, 4.6 ACRES OF GREEN SPACE AND OPEN SPACE FOR THE COMMUNITY.

SO THAT'S OUR PROJECT IN A CONCEPTUAL LEVEL RIGHT NOW.

THANK YOU VERY MUCH.

YEP.

ALL RIGHT.

THE PUBLIC HEARING IS NOW OPEN AND I WILL

[00:30:01]

FIRST UP IS CHERYL RICHTER.

GOOD EVENING.

MS. RICHTER, PLEASE GIVE YOUR NAME AND ADDRESS.

YOU'LL HAVE THREE MINUTES.

YES MA'AM.

HELLO, MY NAME IS CHERYL RICHTER.

I LIVE AT 3 3 7 EAST BROAD, THE SMALL SINGLE FAMILY SUBDIVISION CALLED VILLAGE AT LEANDER STATION.

UM, WHERE THE NEIGHBORHOOD ADJACENT TO THIS PROPOSAL, I OPPOSE THIS DEVELOPMENT PROPOSAL AS THIS DEVELOPMENT IS PLANNING TO BUILD IS WHAT HE SAID.

TWO, FOUR TO FOUR STORY COMMERCIAL BUILDINGS AND MULTIPLE THREE STORY TOWNS AND PARCEL R 0 3 1 3, UM, R 0 3, 1, 3, 2, 3, THAT SEE WHERE OUR SUBDIVISION IS ON THIS SIDE.

THEN THEY WANT, OKAY, I SPOKE TO THE PLANNING AND ZONING COMMISSION HEARING LAST WEEK AND THEY EXPRESSED OUR CONCERNS.

WHAT WE SHARED, HOWEVER, THEY SAID BY LAW THEY COULD NOT NOT VOTE AGAINST THE PLAN TO, UH, TO ME IT'S IN DISINGENUOUS TO HAVE A PUBLIC HEARING IF DEVELOPMENT PROPOSALS CANNOT BE AMENDED AND CHANGED.

WE'VE BEEN TOLD THIS ZONING, THE T FOUR AND T FIVE WAS ADOPTED IN 2005 WAY BEFORE ANY OF US WERE HERE, BUT THEN CAN NEVER BE, BUT THEN NEVER MODIFIED AFTER THE VILLAGE AT LEANDER STATION WAS BUILT.

SHOULDN'T THE PLANNING AND ZONING COM DEPARTMENT HAVE REVIEWED THE ZONING AND IMPLEMENT OVERLAYS TO AVOID THIS TYPE OF CONTROVERSIAL DEVELOPMENT? THAT'S OUR CONCERN.

AFTER THE PLANNING AND ZONING COMMITTEE LAST WEEK, WE ALSO SPOKE WITH THE DEVELOPER, DR.

OMAR BISON.

DR.

BISON MENTIONED THAT THEY HAD TRIED TO WORK WITH THE PLANNING ZONING COMMITTEE TO MOVE THE COMMERCIAL ZONING OVER TO ACROSS THE STREET INTO PARTIAL R 5 1 0 3 0.

SO ALL FOUR COMMERCIAL BUILDINGS WOULD BE ON THE OTHER SIDE OF THE STREET AND NOT BEHIND OUR HOMES.

HE ALSO, WE ALSO EMAILED HIM AND HE MENTIONED THEY WOULD TRY TO NOT PUT BALCONIES ON THE SIDE OF THE BUILDING FACING OUR HOMES.

THEY WOULD TRY TO EXPAND THE DISTANCE BETWEEN PROPERTIES AND ADD TALL TREES, BUT THOSE ARE JUST, I DON'T KNOW IF THAT WILL HAPPEN OR NOT.

PLEASE NOTE THERE ARE NO OTHER DEVELOPMENTS IN LEANDER WHERE MULTIPLE FOUR STORY BUILDINGS ARE BUTTED RIGHT UP TO THE NEIGHBORHOOD OF ONE STORY BUILDINGS.

LIKE IN THIS PROPOSAL, OUR NEIGHBORHOOD IS EXTREMELY UPSET, UH, UPSET THAT THE CITY OF LANDER WOULD ALLOW THIS TYPE OF DEVELOPMENT TO HAPPEN AS PROPOSED.

WE'RE ALSO VERY CONCERNED ABOUT THE, UM, CONTINUAL IMPROVEMENT OF DEVELOPMENTS WITH ALL OF THE CITY OF LEANDER WATER RESTRICTIONS AND ELECTRICAL GRID INSTABILITY.

THANK YOU.

THANK YOU MS. RICHTER.

MARJORIE TAYLOR.

GOOD EVENING.

MS. TAYLOR, PLEASE GIVE YOUR NAME AND ADDRESS.

YOU'LL HAVE THREE MINUTES.

HELLO, MY NAME IS MARJORIE TAYLOR AND I LIVE AT 3 3 3 EAST BRODY STREET IN LEANDER.

UM, I'D LIKE TO POINT OUT THAT I OPPOSE THIS BECAUSE I BELIEVE THAT THE BUILDINGS ARE WAY TOO CLOSE TO THE HOUSING ADDITION.

HOW WOULD YOU FEEL IF THOSE BUILDINGS WERE BEHIND YOUR HOUSE? OUR YARDS ARE ONLY 10 FEET LONG AND THEN WITHIN THE NEXT 10 FEET THERE'LL BE THOSE BUILDINGS.

SO IT'S JUST A MARERE 20 FEET AWAY FROM OUR HOUSES.

AND SINCE THEY'RE GOING TO BE THREE AND FOUR STORY BUILDINGS AND THEY'RE ON THE SOUTH SIDE OF THE HOUSES, THE HOUSES WILL LOSE AN AWFUL LOT OF LIGHT.

AND I'D JUST LIKE TO REPEAT THAT I AM AGAINST THIS PLAN AS IT STANDS, EVEN THOUGH I KNOW IT WAS PLANNED IN 2005.

THANK YOU.

THANK YOU MS. TAYLOR.

UH, THE FOLLOWING PEOPLE DID NOT WISH TO SPEAK.

THEY JUST WANTED THEIR POSITION READ INTO THE RECORD.

CHARLES HOT IS, UH, AGAINST ROBIN CRANE IS AGAINST.

TAYLOR HOWE IS AGAINST.

I DO NOT HAVE ANYBODY ELSE SIGNED UP TO SPEAK.

WAS THERE ANYBODY WHO WISHED TO SPEAK ON THIS ITEM? OKAY, SEE, NONE.

THE PUBLIC HEARING IS NOW CLOSED.

WE'LL NOW DISCUSS A CONSIDER ACTION REGARDING SUBDIVISION CASE CP 2 2 0 0 1 2 AS DESCRIBED PREVIOUSLY.

COUNSEL, IF ANYBODY ELSE WANTS TO GO FOR IT FIRST, I'M MORE THAN HAPPY TO TALK ABOUT IT, BUT I, I THINK A, JUST A BRIEF EXPLANATION.

YOU'RE VERY GOOD AT THAT.

SO I I THINK EVERYONE WOULD APPRECIATE IT.

THANK YOU.

ALRIGHT, SO I MEAN, IN IN, IN MY HUMBLE OPINION, YOU KNOW, YOU HAVE A PLAN THAT WAS SET FORTH.

WE DON'T ALWAYS SEE THESE

[00:35:01]

SO THIS, THE PLAN FOR THIS AREA WAS DONE QUITE A WHILE AGO.

UM, ONE COULD ALSO ARGUE THAT THE DEVELOPMENT THAT WENT INTO THE SINGLE FAMILY STUFF, MAYBE THAT SHOULDN'T HAVE BEEN APPROVED THE WAY IT WAS IF IT DIDN'T COMPLY WITH THE REST OF THE ZONING TOO.

SO THERE'S A LOT OF THINGS THAT CAN GO BACK AND FORTH, WHICH MEANS THAT THE NEIGHBORHOOD THAT, THAT Y'ALL ARE, IT STINKS, RIGHT? I ALWAYS TELL EVERYBODY THIS, BUT I WILL LIVE, I WORK IN A JOB WHERE I SELL HOMES AND I HAVE TO REPRESENT WHAT'S COULD POTENTIALLY GO BEHIND SOMEWHERE.

AND SOMETIMES PEOPLE DON'T, THEY, THEY DON'T EITHER UNDER, THEY DON'T UNDERSTAND THOSE THINGS OR THEY WILLINGLY DON'T GIVE YOU THAT INFORMATION TO MAKE SURE, TO MAKE IT EASIER TO GET INTO THE PLACE.

SO, SO ONE THING THAT'S THE, THE, THAT'S GLARINGLY OBVIOUS IN, IN, IN THE, THE PLANNING OF THE ZONING COMMISSION WAS CORRECT, OR WE DON'T HAVE THE LI THE ABILITY, UNLESS WE WANT TO GO TO GET, GET INTO A LAWSUIT HERE, YOU KNOW, WE CAN SAY NO TONIGHT AND WE CAN GO GET SUED AND THEN THE TEAM WILL BE ABLE TO DO WHAT THEY WANT ANYWAYS EVENTUALLY, YOU KNOW.

BUT I DO, I DID HEAR ONE REALLY GOOD THING AND THAT I WATCHED THE WHOLE PLANNING AND ZONING MEETING, PLANNING AND ZONING ASKED, HEY, I KNOW YOU DON'T HAVE TO, BUT WOULD YOU, COULD YOU TALK TO THEM? WOULD YOU BE WILLING TO DO THIS? AND I'M HEARING THAT THE DEVELOPER IS WILLING TO AT LEAST TALK TO YOU OR HAS DONE THOSE THINGS.

SO I'M ENCOURAGED BY THAT.

'CAUSE WE DON'T HAVE THE RIGHT TO EVEN ASK HIM AND DO THAT.

SO THAT'S THE TOUGH PLACE THAT, THAT, THAT WE'RE AT BECAUSE OF PRIOR DECISIONS THAT ARE MADE.

NOBODY, NOBODY HAS A CRYSTAL BALL AND IT'S VERY HARD TO SEE THOSE THINGS.

BUT, UM, I JUST WANTED TO, RATHER THAN JUST SAYING, YES, WE APPROVE THIS THING AND FEELING LIKE HE CAME OUT HERE FOR NOTHING, JUST SAY, WE HEAR YOU.

WE UNDERSTAND IT'S NOT, IT'S NOT PERFECT.

AND I HOPE THAT THE DEVELOPER DO EVERYTHING THEY CAN, UH, TO MAKE THIS AS GREAT.

I MEAN, IF THIS WAS ALL APARTMENTS, I WOULD SAY, I DON'T KNOW WHAT YOU'RE DOING WITH SOME OF THE VACANCY RATES OUT THERE, BUT IF THIS IS ACTUAL, IF OWNERSHIP AND WE'RE TALKING ABOUT TOWN HOMES, UM, SOMETHING LIKE THAT, THEN THAT'S A, THAT'S A DIFFERENT TYPE OF PRODUCT TOO, WHERE SOMEBODY WILL BE JUST AS HAPPY AND PROUD TO LIVE WHERE THEY LIVE, JUST LIKE YOU DO.

AND SO HOPEFULLY THERE'S THERE, EVERYBODY CAN GET ALONG IN THE SITUATION.

AND, UM, THAT IS LONG-WINDED.

IT'S NOT SHORT, BUT I THINK THAT IT JUST, I NEEDED A COUPLE EXTRA WORDS JUST TO BE ABLE TO LOOK IN THE EYE AND SAY, YOU KNOW, I THINK THAT THEY'RE, THEY'RE THE WILLINGNESS TO, TO COME AND, AND, AND BE WILLING TO TRY TO MAKE SOME CONCESSIONS ONE WAY OR ANOTHER TO RESPECT YOUR PRIVACY IS ONE THING.

BUT ALSO THE SAME THING COULD BE SAID ABOUT THE NEIGHBORHOOD WHERE YOU ALL LIVE IS, WAS THAT THE RIGHT PRODUCT TO BE GOING HERE? IF THIS WAS WHAT WAS SUPPOSED TO HAPPEN THE WHOLE TIME.

SO SORRY FOR THIS, BUT, UM, WE NEED TO MAKE A GOOD DECISION AS THE CITY.

UM, AND THIS IS A, THIS IS, THEY HAVE THE RIGHT TO BUILD EXACTLY WHAT THEY'RE PROPOSING RIGHT NOW TOO.

SO WE HAVE TO, UM, WE HAVE TO DO THAT UNLESS WE WANNA MAKE A, UNLESS WE WANT TO GIVE PAIGE A LOT MORE HOURS OF, UH, FIGHTING LEGAL BATTLES.

SO PAIGE, WHAT'S, YEAH, SO, SO I WANNA HOP IN HERE TOO, UM, BECAUSE I I ALSO WATCH P N Z, SO I KNOW WE'RE NOT TELLING YOU ANYTHING YOU HAVEN'T ALREADY HEARD.

UM, I, I DO WANNA CHIME IN.

'CAUSE WE, WE SEE THIS A LOT WITH CONCEPT PLANS, UM, WHERE IT DOES COME ACROSS DISINGENUOUS BECAUSE YOU GET NOTIFIED, YOU SEE THAT SOMETHING'S GOING ON, THERE'S A PUBLIC HEARING, BUT IT'S NOT OUR RULE, IT'S THE STATE OF TEXAS.

AND I, I DON'T KNOW THE HISTORY OF HOW WE GOT HERE, BUT, UM, BUT YES, AS COUNCIL MEMBER ZEREK SAID, THIS IS SOMETHING THAT LEGALLY WE'RE REQUIRED TO APPROVE.

UM, JUST BECAUSE IT CHECKS ALL OF THE BOXES.

WE CAN'T GO ON THE MERITS.

WE CAN'T EDIT ANYTHING.

UM, AND I, I AM HEARTENED TO HEAR THAT THE DEVELOPER HAS REACHED OUT TO, TO SPEAK TO Y'ALL BECAUSE THAT'S LITERALLY THE ONLY THING THAT WE CAN ASK TO HAPPEN IN THIS SITUATION.

AND SO, I'M, I'M SORRY, UM, BECAUSE I KNOW IT MUST BE INCREDIBLY FRUSTRATING.

YOU'VE GIVEN UP YOUR TIME FOR THIS.

UM, BUT THIS AREA WAS INTENDED WHEN THAT ZONING WENT INTO EFFECT, IT WAS INTENDED TO BE A DOWNTOWN DENSE DEVELOPMENT AREA, WHICH IS WHY YOUR NEIGHBORHOOD LOOKS SO DIFFERENT FROM MOST OF THE NEIGHBORHOODS IN TOWN WHERE THEY ARE VERY CLOSE TOGETHER AND YOU HAVE THOSE 10 FOOT BACKYARDS.

UM, AND YEAH, I THINK, I THINK YOU'RE RIGHT, COUNCIL MEMBER THAT IN, IN HINDSIGHT, UM, PERHAPS WHOEVER SAT HERE BEFORE US, UM, SHOULD HAVE SAID THAT SHOULD BE DENSER OR WE NEED TO CHANGE SOMETHING IN, IN THAT ZONING.

BUT THIS IS WHAT IT IS RIGHT NOW.

AND, UM, IT, IT SOUNDS LIKE THE DEVELOPER IS WILLING TO, TO HELP OUT THERE AND HEAR YOU.

ANYBODY ELSE? NO, I, I JUST WANNA SAY TO BOTH OF YOU, THAT'S VERY WELL SAID.

I THINK IT EXPRESSES THE, THE FEELING OF, OF ALL OF US.

UM, AND ALSO JUST SINCE I, I DON'T WANNA REPEAT WHAT, WHAT Y'ALL HAVE ALREADY SAID, IT, IT ALSO GIVES A GOOD EXAMPLE OF HOW SOMETIMES WE MAY APPROVE SOMETHING AND I MEAN, YOU SEE HOW LONG IT TOOK FOR THAT TO, TO COME TO FRUITION.

UM, SO THAT'S, THAT'S JUST A, AN EXAMPLE OF WE MIGHT APPROVE SOMETHING TODAY, NOT NECESSARILY THIS, BUT A ZONING CHANGE.

BUT IT DOESN'T MEAN IT GETS BUILT.

WE'RE STILL WAITING FOR THINGS TO, TO BE BUILT THAT WE APPROVED WHEN WE STARTED OUR FIRST TERM AND, AND IT HASN'T HAPPENED.

UM, SO WITH THAT, CHRIS, YOU WANNA TAKE IT? I'LL MAKE, I'LL MAKE A MOTION TO APPROVE.

I'LL SECOND MOTION AND SECOND, IS THERE ANY FURTHER DISCUSSION?

[00:40:01]

THANK YOU.

[42. Conduct a Public Hearing regarding Ordinance Case OR-23-0005 to amend the Sign Ordinance to update the definitions, procedures, sign requirements, and to provide for related matters; Leander, Williamson & Travis Counties, Texas. Discuss and consider action regarding Ordinance Case OR-23-0005 as described above. ]

LEAN WILLIAMSON AND TRAVIS COUNTY'S TEXAS EXECUTIVE DIRECTOR OF DEVELOPMENT SERVICES.

GRIFFIN, WELCOME BACK.

GOOD EVENING.

UM, SO THIS IS THE, THE PUBLIC HEARING FOR THE SIGN ORDINANCE.

I'M GLAD WE'VE MADE IT TO THIS STEP.

UM, STAFF HAS BEEN, UM, WORKING FOR A LONG TIME TO MAKE UPDATES TO THE ORDINANCE.

UM, WE'VE GONE THROUGH THE ORDINANCE REMOVED OUTDATED PROVISIONS.

UM, WE'VE TAKEN INTO ACCOUNT NEW STANDARDS, UM, WITH, WITH LIGHTING AND SIGN TYPES.

UM, WE'VE ALSO EVALUATED OTHER FORMS OF VARIANCES THAT WE'VE ACCEPTED FOR SIGNS AND INCORPORATED THOSE CHANGES INTO THE ORDINANCE.

AND, UM, WE'VE WORKED WITH WILLIAMSON COUNTY ON, UM, FEEDBACK ON POLITICAL SIGNS.

UM, WE DID RECEIVE COMMUNITY FEEDBACK ABOUT ISSUES SUCH AS TIMEFRAMES WITH TEMPORARY SIGNS, FLEXIBILITY WITH SIGNED TYPES AND ALTERNATIVE BUILDING MATERIALS FOR SIGNAGE.

UM, WE DID MAKE SEVERAL CHANGES, UM, TO INCORPORATE THAT INTO THE ORDINANCE.

UM, SINCE THE TIME THAT I SENT THE ORDINANCE TO THE COUNCIL FOR REVIEW, WE DID RECEIVE SOME FEEDBACK FROM, UM, LEGAL.

THEY DID MAKE SOME CHANGES TO THE POLITICAL SIGN SECTION.

UM, WE HAD ADDED SOME RESTRICTIONS ON SIZE THAT WERE REMOVED, UM, AS WELL AS, UH, RESTRICTIONS ON SIGNS THAT WERE LOCATED, UM, OFF PREMISE, LIKE OFF OF THE LOCATION OF A POLLING SITE.

UM, SO SOME PICTURES OF POLITICAL SIGNS, UM, LET ME GET TO MY NEW SIGN TYPES.

UM, I THINK THE, THE BIGGEST PART OF THE, THE SIGN ORDINANCE, UM, WAS A NEW EXCEPTION PROCESS THAT WE, UM, CAME UP WITH.

WE CONSULTED WITH SEVERAL OTHER CITIES WITH HOW THEY HANDLE, UM, CHANGES TO THE SIGN ORDINANCE.

UM, CURRENTLY THE, THE BOARD OF ADJUSTMENT REVIEWS A VARIANCE TO THE SIGN ORDINANCE AND IT'S VERY, UM, REGIMENTED.

SO IF YOU WANT A VARIANCE, YOU HAVE TO MEET A FINDING OF FACT.

YOU HAVE TO PROVE THERE'S A HARDSHIP.

IT CAN'T BE FINANCIAL.

IT'S VERY STRUCTURED AND IT'S HARD FOR THEM TO SAY YES.

UM, SO WHAT WE'VE DONE IS, UM, WE'VE CREATED, UH, AN EXCEPTION PROCESS THAT GIVES THE BOARD OF ADJUSTMENT, UM, THE ABILITY TO MAKE EXCEPTIONS, UM, BASED ON THE DESIGN.

UM, IF IT'S AN INNOVATIVE TYPE OF SIGN, UM, THEY'LL HAVE MORE FLEXIBILITY IN MAKING DECISIONS SO IT'S NOT SO, SO STRUCTURED.

UM, SO NOW I'M GONNA GO THROUGH SOME OF THE CHANGES WE MADE TO THE ORDINANCE.

UM, ONE OF THE BIGGEST REQUESTS WE'VE RECEIVED IS, UH, TEMPORARY BANNERS.

SO WHEN YOU OPEN A NEW BUSINESS, UM, THERE'S A TIMEFRAME FOR A TEMPORARY BANNER AND PEOPLE ARE RUNNING INTO ISSUES WHERE THEY EITHER, UM, WEREN'T READY TO PUT UP THEIR FULL BLOWN SIGN OR, UM, THERE WERE DELAYS IN THE PERMITTING PROCESS.

SO WE CREATED, UM, A ADDITIONAL TIMEFRAME IF IT'S A NEW BUSINESS TO ALLOW YOU TO HAVE AN EXTENDED BANNER.

UM, WE ALSO, UM, ADDED BUILDING SCRIM SIGNS.

SO THIS IS A SIGN THAT GOES ON THE SIDE OF A BUILDING.

WE DON'T HAVE BUILDINGS THIS SIZE RIGHT NOW, BUT IT WAS SOMETHING THAT PEOPLE HAVE BROUGHT UP.

UM, WE HAVE UPDATED AREA IDENTIFICATION ENTRY SIGNAGE.

SO THIS SIGNAGE USED TO BE LIMITED TO JUST SINGLE FAMILY, UM, SUBDIVISIONS.

WE'VE OPENED IT UP TO COMMERCIAL DEVELOPMENTS AS WELL.

AND, UM, ANOTHER BIG THING WE CHANGED WAS THE, THE DISTANCE.

SO IF YOU HAVE A SUBDIVISION THAT HAS A, A ROAD THAT CONNECTS TO RONALD REAGAN, YOU COULD HAVE A SIGN AT RONALD REAGAN, BUT YOUR, YOUR SUBDIVISION HAD TO BE WITHIN A HUNDRED FEET OF THAT AREA.

SO WE EXTENDED IT 250 FEET BASED ON FEEDBACK FROM OTHER, UM, NEIGHBORHOODS THAT GOT MASTER SIGN PLANS.

UM, WE ALSO UPDATED THE AWNING CANOPY SIGNAGE TO, UM, INCREASE THE SIZE OF THE SIGN PERMITTED ON AN AWNING.

AND, UM, WE ADDED DIRECTORY SIGNS.

SO YOU'LL SEE A LOT OF THESE WITH, UM, THE OFFICE, UH, OFFICE WAREHOUSE LOCATIONS THAT WE'RE SEEING MORE OF IN THE CITY WHERE, UM, YOU HAVE BUSINESSES LOCATED IN THE BACK OF A CENTER.

THIS ALLOWS FOR DIRECTORIES THROUGHOUT.

WE'VE BEEN DOING MASTER SIGN PLANS TO ACHIEVE THAT.

AND THEN, UM, THIS IS A NEW SIGN TYPE THAT WE'VE RECEIVED REQUESTS FOR.

SO THIS WOULD BE A HANGING PROJECTING SIGN OFF THE SIDE OF A BUILDING.

AND THEN LOW PROFILE SIGNS.

UM, THIS IS MEANT TO BE A KIND OF AN AREA DESIGNATION TO SAY THIS IS THE CRYSTAL VILLAGE SHOPPING CENTER.

SO IT'S, UM, TO, TO HELP PEOPLE KNOW WHAT KIND OF CENTER THEY'VE ENTERED.

AND THEN WE MADE SOME UPDATES TO THE FREESTANDING MONUMENT SIGNS.

UM, IN REVIEWING OTHER CITY ORDINANCES, WE FOUND THAT THEY ALLOWED FOR LARGER SIGNS IF IT WAS A LARGER DEVELOPMENT.

SO, UM, WE UPDATED THE ORDINANCE TO SAY IF YOUR DEVELOPMENT WAS MORE THAN FIVE ACRES, YOU COULD HAVE A TALLER SIGN WITH A BIGGER SIGN AREA.

AND WE ALSO INCREASE THE HEIGHTS OF THE SIGNAGE.

AND THEN THIS, UM, THIS IS ANOTHER BIG REQUEST WE RECEIVE.

THIS IS A MORE AFFORDABLE SIGN TYPE

[00:45:01]

UM, IT ALLOWS ALTERNATIVE MATERIALS SO YOU DON'T HAVE TO HAVE A MASONRY SURROUND.

UM, THIS ALLOWS FOR WOOD IN A PANEL, SO IT'S MORE AFFORDABLE FOR SMALL BUSINESSES.

AND THEN THE PYLON SIGN, UM, WE UPDATED THE HEIGHT OF THE PYLON SIGN.

THERE ARE A LOT OF CONCERNS ABOUT THE CHANGES TO THE TOLL ROAD.

SO THIS ALLOWS YOU TO INCREASE THE HEIGHT OF THE SIGN WHEN YOU'RE ADJACENT TO ELEVATED LANES.

SO THE SIGN IS STILL VISIBLE.

AND THEN WE ADDED, UM, VENDING MACHINE SIGNS.

SO I'M SURE Y'ALL HAVE SEEN MORE, UM, OF THE CHARGING STATIONS.

UM, THIS WOULD ALLOW FOR THE INTERACTIVE SIGNAGE AT CHARGING STATIONS AND THEN ON WALL SIGNS, UM, WE'VE ACTUALLY HAD TWO ZONING CASES NOW WHERE THEY'VE REQUESTED AN INCREASE IN THE SIZE OF THE WALL SIGN.

SO WE ADDED A PROVISION TO ALLOW, UM, THE WALL SIGN TO BE BIGGER IF IT'S A BIGGER BUILDING.

SO THIS IS COMPARABLE TO THE HOME DEPOT SIGN WE JUST APPROVED AS PART OF THEIR PUD.

AND THEN WE CAME UP WITH A PROMOTIONAL EVENT SIGN PACKAGE.

UM, THIS SIGN PACKAGE IS, UM, FOR WHEN YOU HAVE SOMETHING GOING ON WITH YOUR BUSINESS AND YOU WANNA ADVERTISE, UM, WE'VE SET IT UP TO WHERE, UM, IT'S A QUICK REVIEW.

IT'S PROBABLY ABOUT THREE DAYS TO GET REVIEWED AND YOU SUBMIT ONE PACKAGE, UM, WITH THE DIFFERENT SIGNS THAT YOU WANNA PROVIDE.

UM, THE ONE RESTRICTION WE HAVE IS THAT THE SIGNAGE IS NOT IN THE RIGHT OF WAY, BUT IT DOES ALLOW FOR ITEMS LIKE SUPER FLAGS, HUMAN SIGNS, UM, BANDIT SIGNS, AND ANY OTHER SIGNS YOU'RE LOOKING AT TO ADVERTISE YOUR BUSINESS.

UM, THAT'S KIND OF A BRIEF SUMMARY OF ALL THE CHANGES.

THERE'S A LOT OF STUFF IN HERE.

UM, I'LL BE GLAD TO ANSWER QUESTIONS AFTER THE, THE PUBLIC HEARING.

THANK YOU.

THANK YOU.

ALL RIGHT.

THE PUBLIC HEARING IS NOW OPEN.

WE DO NOT HAVE ANYBODY SIGNED UP TO SPEAK ON THIS ITEM.

IS THERE ANYBODY WHO WISHES TO SPEAK? ALL RIGHT.

PUBLIC HEARING IS NOW CLOSED.

WE'LL NOW DISCUSS AND CONSIDER ACTION REGARDING ORDINANCE CASE OR DASH 23 DASH 0 0 0 5 AS DESCRIBED PREVIOUSLY.

UH, COUNSEL, I SUSPECT WE ALL HAVE COMMENTS ON THIS ONE, SO LET'S JUST GO DOWN THE LINE.

PLACE ONE.

ARE YOU COMFORTABLE STARTING? UM, SURE.

I'LL, MINE IS GONNA BE PRETTY BRIEF.

I KNOW ORIGINALLY WHEN, WHEN THIS ORDINANCE WAS, UM, I DON'T KNOW IF IT WAS ORIGINALLY PUT IN PLACE OR JUST AMENDED, IT WAS WITH GOOD INTENTION.

AND THIS WAS YEARS BEFORE ANY OF US WERE UP HERE OR EVEN KNEW THAT THERE WAS SUCH A THING AS A SIGN ORDINANCE FOR OUR CITY.