* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [1. Open Meeting.] [00:00:05] GOOD EVENING. TODAY IS THURSDAY, MAY 2ND, 2024, AND THE TIME IS 6:01 PM AND THIS IS THE BRIEFING WORKSHOP OF THE LEANER CITY COUNCIL, CITY [2. Roll Call.] SECRETARY CRABTREE. WILL YOU PLEASE CALL ROLE COUNCIL MEMBER CATHERINE BATTALION PARKER. HERE, MAYOR PROTE, MABY M LONGORIA. HERE. COUNCIL MEMBER DAVID MCDONALD HERE. COUNCIL MEMBER NICOLE THOMPSON. PRESENT, COUNCIL MEMBER CHRIS HERNE. HERE. COUNCIL MEMBER BECKY ROSS. HERE, MAYOR CHRISTINE DELAL. HERE WE [3. Convene into Executive Session pursuant to:Section 551.071, Texas Government Code, and Rule 1.05, Texas Disciplinary Rules of Professional Conduct, to consult with legal counsel regarding Construction Contract between Northline Leander Development Company and The City of Leander and DeNucci Constructors - Northline - Phase 1 and the related performance and maintenance bonds; andSection 551.071, Texas Government Code, and Section 1.05 Texas Disciplinary Rules of Professional Conduct to consult with legal counsel regarding Lakewood Park project.  Reconvene into open session to take action as deemed appropriate in the City Council's discretion regarding: Construction Contract between Northline Leander Development Company and The City of Leander and DeNucci Constructors - Northline - Phase 1 and the related performance and maintenance bonds; andLakewood Park project. ] MOVE ON TO ITEM NUMBER THREE, CONVENE INTO EXECUTIVE SESSION PURSUANT TO NUMBER ONE, SECTION 5 5 1 0.071 TEXAS GOVERNMENT CODE AND RULE 1.05, TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT TO CONSULT WITH LEGAL COUNSEL REGARDING CONSTRUCTION CONTRACT BETWEEN NORTHLINE LEANDER DEVELOPMENT COMPANY AND THE CITY OF LEANDER AND DINUCCI CONTRACTORS, UH, NORTHLINE, PHASE ONE AND THE RELATED PERFORMANCE AND MAINTENANCE BONDS. AND ITEM NUMBER TWO, SECTION 5 5 1 0.071 TEXAS GOVERNMENT CODE AND SECTION 1.05, TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT TO CONSULT WITH LEGAL COUNSEL REGARDING LAKEWOOD PARK PROJECT. THE TIME IS 6 0 2. ALL RIGHT, WE ARE GONNA RECONVENE INTO OPEN SESSION AT 6:35 PM TO TAKE ANY ACTION DEEMED APPROPRIATE IN THE CITY COUNCIL'S DISCRETION REGARDING NUMBER ONE CONSTRUCTION CONTRACT BETWEEN NORTHLINE LEANDER DEVELOPMENT COMPANY AND THE CITY OF LEANDER AND D NUCCI CONTRACTORS, NORTHLINE PHASE ONE, AND THE RELATED PERFORMANCE AND MAINTENANCE BONDS. MAYOR PRO TEM, DO YOU HAVE A MOTION, MOTION TO AUTHORIZE OUTSIDE COUNSEL TO RESPOND TO THE LAWSUIT FILED AGAINST THE CITY BY D NUCCI CONSTRUCTORS AND SEEK AFFIRMATIVE RELIEF ON THE PART OF THE CITY IN THAT ACTION? SECOND. MOTION IS SECOND. ALL THOSE IN FAVOR PASSES UNANIMOUSLY. AND ITEM NUMBER TWO, LAKEWOOD PARK PROJECT MAYOR PRO TEM, DO YOU HAVE A MOTION? NO ACTION WITH THAT. THE BRIEFING WORKSHOP IS ADJOURNED AT 6:36 PM PLEASE BE BACK AT SEVEN O'CLOCK FOR OUR REGULAR MEETING. [4. Open Meeting, Invocation, Leander Police Department Color Guard and Pledges of Allegiance.] GOOD EVENING. TODAY IS THURSDAY, MAY 2ND, 2024. AND THE TIME IS 7:03 PM AND THIS IS THE REGULAR MEETING OF THE LEANDRO CITY COUNCIL, FORMER COUNCIL MEMBER IN PLACE TWO, WHO IS CELEBRATING HER 20TH ANNIVERSARY OF FIRST BEING ELECTED THIS MONTH. UH, KIRSTEN LYNCH WILL BE PROVIDING OUR INVOCATION TONIGHT FOLLOWING THE INVOCATION, PLEASE REMAIN STANDING. THE LEANDER POLICE DEPARTMENT COLOR GUARD WILL PRESENT THE COLORS AND LEAD OUR PLEDGES OF ALLEGIANCE. GOOD EVENING COUNCIL MEMBER. THANK YOU VERY MUCH FOR ASKING ME. HEAVENLY FATHER, WE COME BEFORE YOU TODAY. WE ASK YOU TO GUIDE AND GUARD AND DIRECT ALL THE VOTES THAT HAPPEN TODAY, ALL THE MINDS AND THE HEARTS OF THE COUNCIL MEMBERS IN WHAT THEY'RE VOTING FOR. AND LORD, WE ALSO ASKED YOU, AND WE THANK YOU FOR PROTECTING OUR, OUR POLICE DEPARTMENT FOR NATIONAL POLICE WEEK AND ALL THE YEAR THROUGH WITHOUT OUR POLICE, LEANDER WOULDN'T BE OUR HOMETOWN THAT WE HAVE TODAY. AND LORD, PLEASE WATCH OVER ALL OF LEANDER AND ALL THE PEOPLE AS THEY'RE VOTING ALL THE EARLY VOTES THAT HAVE BEEN CAST. AND FOR THIS SATURDAY, FOR THE VOTING THAT HAPPENS. IT IS SO IMPORTANT AND IT'S ONE OF THE RIGHTS THAT WE HAVE, LORD, IN EVERYTHING THAT YOU GIVE US, IN EVERYTHING THAT WE OWE YOU, WE GIVE YOU OUR THANKS AND OUR PRAISE IN YOUR HOLY AND WONDERFUL NAME. AMEN. AMEN TOE TO APPLY OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD INVISIBLE WITH LIBERTY AND JUSTICE FOR ALL UNDER TEXAS. FLAG BY ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD ONE AN INDIVISIBLE. HE, HOW? [00:05:25] THAT WAS WONDERFUL. THANK YOU EVERYONE. ITEM NUMBER FIVE, [5. Roll Call.] CITY SECRETARY CRABTREE, WILL YOU PLEASE CALL ROLE COUNCIL MEMBER CATHERINE BATTALION PARKER. HERE, MAYOR PROTE INE MACKEY LONGORIA. HERE, COUNCIL MEMBER DAVID MCDONALD HERE, COUNCIL MEMBER NICOLE THOMPSON. PRESENT COUNCIL MEMBER CHRIS CERNIK. HERE, COUNCIL MEMBER BECKY ROSS. HERE, MAYOR CHRISTINE DELAL. HERE QUORUM IS PRESENT. THE CITY COUNCIL IS ELIGIBLE TO DO BUSINESS. ITEM [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. [All comments are limited to no more than 3 minutes (6 minutes if translation is needed) per individual.]] NUMBER SIX IS NON AGENDA ITEM, PUBLIC COMMENTS. FOR ITEMS THAT ARE LISTED 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 WILL BE MADE A PART OF THE OFFICIAL RECORD. IT'S IMPORTANT TO NOTE THAT PUBLIC COMMENTS IS A TIME FOR YOU TO MAKE COMMENTS TO COUNCIL IS NOT A TIME THAT WE ARE ABLE TO MAKE COMMENTS BACK TO YOU. THAT IS CONSIDERED DELIBERATION. WE HAVE QUITE A FEW PEOPLE, UH, SIGNED UP TONIGHT. SO THE FIRST IS DR. LEROY ALLWAY. GOOD EVENING, PLEASE GIVE YOUR NAME AND ADDRESS. YOU'LL HAVE THREE MINUTES. THANK YOU. GOOD EVENING, MAYOR. GOOD EVENING, MAYOR AND COUNSEL. UH, DR. LEROY ALLWAY, VICE PRESIDENT OF GOVERNMENTAL AFFAIRS FOR CAPITAL METROPOLITAN TRANSIT, 29 10 EAST FIFTH STREET, AUSTIN, TEXAS, HERE THIS EVENING TO SHARE WITH YOU THAT WE LOOK FORWARD TO COMING HOPEFULLY ON MAY 16TH, DO A WORKSHOP WITH YOU ABOUT A PROPOSED EXPANSION OF THE LEANDER PICKUP ZONE. THIS WOULD BE OUR FIFTH EXPANSION SINCE THE ZONE WAS LAUNCHED. NOW WE'VE ALSO CELEBRATED IN THE LAST FEW DAYS OUR 1000000TH RIDER USING OUR PICKUP SERVICE ACROSS OUR 11 ZONES. AND IT'S A RESIDENT OF LEANDER WHO WAS TAKING PICKUP TO GO TO HUB. SO WE WERE ABLE TO BE OUT ON TUESDAY TO HELP CELEBRATE THAT MILESTONE. UH, FOR THOSE WHO LIKE THE STATISTICS, IT TOOK US JUST OVER 1700 DAYS TO REACH A MILLION TRIPS ACROSS THE 11 ZONES. WE HAVE NO DOUBT THAT THAT WILL BE BEAT HERE IN THE NEXT FEW YEARS AS WELL AS THIS SERVICE CONTINUES TO BE POPULAR. WHAT WE ARE PROPOSING FOR THIS PROPOSED EXPANSION OF THE PICKUP ZONE IS ADDING 0.64 SQUARE MILES TO SERVE ANOTHER 4,000 RESIDENTS, INCLUDING KEITH DESTINATIONS SUCH AS RANDALL'S, CRYSTAL FALLS CROSSING, LAKELAND APARTMENTS, DAVITA DIALYSIS, AND OTHER LOCATIONS IN THAT AREA. THIS WILL BE A COST NEUTRAL EXPANSION FOR US. WE HAVE LOOKED AT OUR SYSTEM AND HAVE ABOUT 60 TRIPS PER DAY OF CAPACITY THAT ISN'T BEING USED CURRENTLY. AND SO BASED ON OUR STAFF'S RECOMMENDATION, THIS IS WHAT WE'RE BRINGING FORWARD IS TO BE ABLE TO ADD THIS 0.64 SQUARE MILE SEGMENT AND BE ABLE TO HAVE THOSE ADDITIONAL TRIPS COME INTO THE SYSTEM. OUR TIMELINE FOR THIS IS OF COURSE WE'LL START OUR PUBLIC OUTREACH IN MID-MAY WE'LL BE COORDINATING WITH YOURSELF AND CITY STAFF TO MAKE SURE WE CAN GET THAT WORD OUT TO THE COMMUNITY. WE TENTATIVELY SLATED A PUBLIC HEARING BEFORE THE CAP METRO BOARD OF DIRECTORS ON JUNE 12TH. WE'LL HAVE MORE INFORMATION ABOUT THAT COMING OUT IN THE NEXT COUPLE OF WEEKS AS WELL. AND THEN OUR PLAN IS TO TAKE THIS PROPOSED CHANGE TO THE CAP METRO BOARD ON JUNE 24TH TO ASK FOR THEIR CONCURRENCE. ASSUMING THAT HAPPENS, THEN THIS NEW ADDITION TO THE ZONE WOULD START AUGUST 18TH, BE AN EFFECTIVE AUGUST 19TH FOR THAT FIRST MONDAY OF SERVICE. SO AGAIN, JUST WANTED TO BE WITH YOU THIS EVENING TO THANK YOU FOR YOUR CONTINUED SUPPORT OF PICKUP AND OF CAP METRO SHARE WITH YOU THAT NEWS ABOUT THE 1000000TH RIDER. AND ALSO LET YOU KNOW THAT YOU'LL BE HEARING MORE FROM US ON THE COMING WEEKS ABOUT THAT PROPOSED EXPANSION. AND WE LOOK FORWARD TO GETTING THE COMMENTS FROM MAYOR COUNCIL CITY STAFF, AND THE MEMBERS OF THE LANDER COMMUNITY AS WE WORK TO MAKE SURE THIS IS A VERY ACTIVE AND ENGAGED TRANSIT COMPONENT FOR YOU. THANK YOU. THANK YOU SO VERY MUCH. OKAY, UP NEXT IS KATE MCDONALD. GOOD EVENING, MRS. MCDONALD. PLEASE GIVE YOUR NAME AND ADDRESS. YOU HAVE THREE MINUTES. THANK YOU. HELLO, COUNSEL. MY NAME IS KATE MCDONALD. I LIVE AT 2 4 1 6 LA MARADA STREET IN THE PALMER RIDGE SUBDIVISION SINCE MAY, 2022. PRIMARY ELECTION, I SERVE AS THE PRECINCT CHAIR FOR 2 5 2, WHICH ENCOMPASSES NEIGHBORHOODS NORTH OF 2243 AND ARE ALONG THE REAGAN CORRIDOR, THE RONALD REAGAN CORRIDOR. FIRST, BEFORE I SPEAK, I'D LIKE TO EXPRESS MY APPRECIATION TO THE CITY STAFF FOR CHANGING THE PARKING AT, UH, THE VOTING LOCATIONS. THIS PAST ELECTION, I PERSONALLY HAVE SEEN DANGEROUS BEHAVIOR IN THE PARKING LOTS THAT WITNESSED LINES OF CARS WAITING TO ENTER LEANDER LIBRARY. THIS WAS A SMALL CHANGE, BUT HAD A HUGE IMPACT CREATING CONDITIONS, SAFE CONDITIONS FOR ALL VOTERS. SO THANK YOU FOR THAT. AS PRECINCT CHAIR, I DRIVE IN AND OUT OF EACH NEIGHBORHOOD DURING ELECTION SEASON. MOST OF THESE NEIGHBORHOODS HAVE ONE ACCESS POINT [00:10:01] ONTO RONALD REAGAN AND A SECOND ROAD THAT CONNECTS TO RONALD REAGAN, PRECINCT 2 5 2. AS APPROXIMATELY 5,000 REGISTERED VOTERS, RONALD REAGAN PROVIDES ACCESS TO STYLES WILEY PARKSIDE, TARN BAR W AND ROUSE HIGH SCHOOL. ONE COUNTY ROAD 1 77 WAS RECENTLY CLOSED. THAT WAS IN PRECINCT 2 5 2. LAKEWOOD PARK IS IN THIS PRECINCT AND HEB AT HIGHWAY ONE 20 AT HIGHWAY 29 OPEN THAT AFFECTED PRECINCT 2 5 2 TRAFFIC. IT'S FAIR TO SAY THAT IF THERE'S A SLIGHT CHANGE IN THE FLOW OF TRAFFIC DUE TO AN ACCIDENT ALONG RONALD REAGAN OR ITS ARTERIES, IT HAS A SIGNIFICANT IMPACT ON THESE ARTERIES, WHICH INCLUDE HERO WAY 29 CRYSTAL FALLS, AND 2243. THESE ROADS ARE ALL BUSY ROADS IN OF ITSELF. THAT'S NOT INCLUDING THE NEIGHBORS WITH ELEMENTARY SCHOOLS. I'M NOT HERE TO STATE FACTS THAT YOU MAY ALREADY KNOW. I'M HERE TO ASK THAT TEMPORARY LIGHTS BE PLACED ALONG THE WHOLE CORRIDOR AT NEIGHBORHOOD ENTRANCES TO KEEP MY CONSTITUENTS SAFE. THE DATA SHOWS THAT IT'LL ONLY BE TIME FOR A SERIOUS OR FATAL CRASH THAT WILL TAKE PLACE. SECONDARY CRASHES OCCUR WHEN A ROAD IS NOT CLEARED QUICKLY, TRAFFIC STUDIES SHOW THAT BUILDING SAN GABRIEL EXTENSION WILL NOT ALLEVIATE TRAFFIC FOR PALMERA RIDGE RESIDENCE. HERE AWAY IS THE ONLY OTHER EXIT FROM FOR PALMERA RIDGE. SO I RESPECTFULLY REQUEST BECAUSE RONALD REAGAN AND PALMERA RIDGE HAS A STEEP HILL THAT PREVENTS PALMERA RESIDENCE FROM SAFELY ENTERING RONALD REAGAN. I'M REQUESTING THAT A TEMPORARY LIGHT BE PLACED THERE FIRST. PLEASE COMMUNICATE PROACTIVELY AND REGULARLY WITH ALL HOAS SO THAT THEY CAN BE PREPARED FOR ALL THE BUSINESS AND ROAD CONSTRUCTION THAT IS COMING. AND ASK BUILDERS WHO REQUEST 550 HOMES OR MORE TO INVEST IN A LIGHT AT THE INTERSECTION OF NEW DEVELOPMENTS, ESPECIALLY IF THEY WANT A SCHOOL IN THAT DEVELOPMENT. THANK YOU FOR YOUR TIME. THANK YOU VERY MUCH. WILLIAM GOFF. WHAT IS WILLIAM GOTH HERE? OKAY, UHHI GARAPATI. GOOD EVENING. PLEASE GIVE YOUR NAME AND ADDRESS. YOU'LL HAVE THREE MINUTES. MY NAME IS, UH, ABAM GARAPATI AND 51 COUNTY ROADS, UH, 2 64 LEANDER. UH, GOOD EVENING COUNSEL. AND UH, I'M HERE AS A SMALL BUSINESS OWNER. I WANTED TO BRING SOME FACTS TO LIGHT. UH, THIS IS REGARDING ONE PROPERTY AT THE INTERSECTION OF CRYSTAL FALLS AND RONALD REAGAN, 1 5 9 5 0 RONALD REAGAN. MY PROPERTY TAXES THIS YEAR ARE $26,000 ON A VACANT P ON A PROPERTY, WHICH HAS A SMALL HOME ON IT AND IT'S VALUED AT 1.1 MILLION IN 2023. IN 2024, THE VALUATION GOES UP TO 1.4 MILLION AND THE PROPERTY TAXES GO UP TO $35,000. WE HAVE THE MOST INCOMPETENT FED TODAY. WHO DOESN'T UNDERSTAND THIS? NINE AND A HALF PERCENT INTEREST RATE. 10% ARE KILLING SMALL BUSINESS OWNERS. MY PROPERTY IS UNDER FORECLOSURE AND NEXT TUESDAY, BECAUSE OF THESE HIGH INTEREST RATES ON TOP OF THESE HIGH PROPERTY TAXES, AND I DON'T HAVE A TENANT IN THE PROPERTY. SO AS A SMALL BUSINESS OWNER, I WANT TO FILL MY PROPERTIES WITH TENANTS. SO I HAD A TENANT IN THE PROPERTY AND THE CITY OBVIOUSLY COMES AND CLOSES THE PLACE AND THEY STOPS THE BUSINESS OPERATION THERE. SO THEY COME UP WITH A, YOU NEED A SITE PERMIT. AND THE SITE PERMIT COSTS AT LEAST A, WHETHER YOU'RE BUILDING A SMALL BUILDING OR A HUNDRED FLOOR BUILDING, IT'S THE SAME RULES FOR CITY OF LEANDER. YOU NEED A SITE PERMIT, YOU NEED A DETENTION POND, YOU NEED A PARKING LOT, YOU NEED A CONCRETE PARKING LOT. AND YOU READ, DO ALL THIS, IT'S A MILLIONS, COSTS MILLIONS OF DOLLARS. I DON'T HAVE THAT MONEY TO INVEST. I'M JUST TRYING TO CONVERT A PROPERTY TO A COMMERCIAL USE, WHICH IS ON RONALD REAGAN. SO ON TOP OF THIS WONDERFUL BATTLES WE ARE GOING THROUGH WITH THESE FORECLOSURES, WE GOT A WRITTEN NOTICE ON MARCH 20TH ASKING US TO STOP ANY ACTIVITY. AND WE DID PROMPTLY STOP ALL ACTIVITIES ON THE PROPERTY AND NOBODY HAS ENTERED THE PROPERTY SINCE THEN. AND THEN TODAY, GET A NOTICE FROM THE COURT, UH, WITH A LOSS, WITH A MISDEMEANOR, UH, CHARGE OFFENSE FILED BY TANYA GIBBS, THE CODE ENFORCEMENT. IF THIS KIND OF HARASSMENT IS ALREADY MY TENANTS LEFT, THEY'LL, THEY PICK LIBERTY HILL AND THEN THEY LEFT. UH, LEANER. THIS KIND OF HARASSMENT TO THE CITIZENS OF LEANER IS NOT AT ALL REQUIRED. I THINK WE CAN ALL WORK TOGETHER, UH, ESPECIALLY WITH LAW ABIDING CITIZENS, UH, TO COME UP WITH SOME PEACEFUL SOLUTIONS. AND THIS IS JUST TO BRING TO THE COUNCIL'S. NOTICE THAT HOW UN BUSINESS UNFRIENDLY CITY OF LEANDRE. AND BY THE WAY, I OWN PROPERTIES IN 14 STATES OF THE US. I DON'T HAVE A SINGLE PROBLEM WITH ANOTHER SINGLE CITY. I ALWAYS [00:15:01] COME BACK TO LEANDRE AND THIS IS THE WORST CITY TO DO BUSINESS WITH. AND I REGRET BUYING PROPERTY HERE. SO I HOPE THERE IS SOMETHING THE CITY COUNCIL CAN DO. LAST YEAR I COULDN'T FIX A PARKING LOT ON CRYSTAL FALLS ON A PROPERTY AFTER SPENDING $200,000 I GAVE UP AND THEN WE WASTED $200,000 AND I GAVE UP ON A PARKING LOT. YOU CAN SEE THE GOOD EARTH FARM SCHOOL ACROSS THE MIDDLE SCHOOL, EVEN TODAY, THERE IS NO, UH, IT'S JUST TO THE SIMPLE ASPHALT PARKING LOT TODAY. EVEN TODAY, IT IS NOT PAVED. SO THAT PLEASE DO SOMETHING. THANK YOU ALL. THANK YOU. WE DO NOT HAVE ANYBODY ELSE SIGNED UP TO SPEAK. IS THERE ANYBODY WHO WISHES TO SPEAK? ALL RIGHT, WE MOVE [7. Recognitions/Proclamations/Visitors.National Police Week (May 12-18)] INTO ITEM NUMBER SEVEN, RECOGNITIONS, PROCLAMATIONS AND VISITORS. WE HAVE NATIONAL POLICE WEEK OF MAY 12TH THROUGH 18TH WITH COUNCIL MEMBER MCDONALD. THANK YOU. AND BEFORE I GET INTO THE PROCLAMATION, I JUST WANNA TAKE A MOMENT TO READ THIS TONIGHT AS WE HONOR THOSE LAW ENFORCEMENT OFFICERS WHO MADE THE ULTIMATE SACRIFICE. I WANT TO TAKE THIS TIME TO REMIND EVERYONE IN OUR COMMUNITY HOW DANGEROUS OF A PROFESSION LAW ENFORCEMENT IS AND COMMENT ON THE SACRIFICES MADE BY THOSE WHO WEAR THE BADGE AND THEIR FAMILIES. HAVING SERVED 25 YEARS AS A COP AND ANOTHER FIVE YEARS WORKING VERY CLOSELY WITH ALL FIRST RESPONDERS ACROSS THE STATE, I FEEL QUALIFIED TO TAKE A FEW MINUTES OF YOUR TIME TO SPEAK ON THE BEHALF OF MOST MEMBERS OF LAW ENFORCEMENT IN OUR GREAT STATE. IN THE LAST 10 DAYS ALONE, WE'VE LOST EIGHT LAW ENFORCEMENT OFFICERS IN AMERICA. TWO OF THOSE WERE IN TEXAS LAST YEAR IN CENTRAL TEXAS ALONE, WE LOST TWO OFFICERS IN A LINE OF DUTY. ONE OF THEM WAS FROM AN AGENCY JUST TO OUR OURSELF. OFFICER J PASTOR FROM THE AUSTIN POLICE DEPARTMENT WHO WAS KILLED IN THE LINE OF DUTY ON NOVEMBER THE 11TH, 2023. IT IS A DANGEROUS JOB AND OFTEN A THANK A THANKLESS JOB. TELL ME ANOTHER PROFESSION THAT IS MORE SCRUTINIZED AS MUCH AS LAW ENFORCEMENT. WHAT OTHER PROFESSION WEARS A CAMERA TO DOCUMENT EVERY INTERACTION THEY MAKE? COPS CAN HANDLE THE RIDICULE THEY SEE DAILY, WHETHER THAT IS FROM THE MEDIA OR ON SOCIAL MEDIA. IT BECOMES DIFFICULT WHEN PEOPLE START ATTACKING THEIR FAMILY SIMPLY FOR HAVING A FAMILY MEMBER THAT IS A POLICE OFFICER. SPEAKING WITH SOME OF OUR LAW ENFORCEMENT AND ATTENDANCE TONIGHT, I KNOW YOUR FAMILIES HAVE ENDURED THIS DISTRESS AS WELL. WHY DO I TAKE THE TIME TO SAY ALL THIS BEFORE READING THE POLICE OFFICER MEMORIAL WEEK PROCLAMATION, AS WE REMEMBER THOSE WHO MADE THE ULTIMATE SACRIFICE. DO NOT FORGET THOSE WHO GO OUT EVERY DAY, WHO COULD COME INTO THE SAME FATE. DO NOT FORGET THEIR FAMILIES WHO LIVE EVERY DAY KNOWING THAT THEIR SPOUSE, MOM, DAD, SON, OR DAUGHTER MIGHT NOT COME HOME. TREAT THEM WELL WITH YOUR KINDNESS AND THE RESPECT OF WHICH THEY'RE SO DESERVING. I WANT TO SAY A PERSONAL THANK YOU TO THOSE OF YOU WHO SERVE AND TO YOUR FAMILIES AS WELL. YOU APPRECIATE IT. ALL RIGHT. CITY OF LAND PROCLAMATION, WHEREAS THE CONGRESS AND PRESIDENT OF THE UNITED STATES HAVE DIS DESIGNATED WEDNESDAY MAY 15TH AS NATIONAL POLICE OFFICER MEMORIAL DAY IN THE WEEK OF MAY 12TH THROUGH MAY 18TH AS NATIONAL PEACE WEEK POLICE WEEK 2024. AND WHEREAS MEMBERS OF THE LANDER POLICE DEPARTMENT PLAY AN ESSENTIAL ROLE IN SAFEGUARDING THE RIGHTS AND FREEDOMS OF OUR COMMUNITY. AND WHEREAS OUR POLICE OFFICERS RECOGNIZE THEIR DUTIES TO SERVE THE COMMUNITY BY SAFEGUARDING LIFE PROPERTY AND BY PROTECTING THEM FROM DISORDER THEN IS SENT FROM DECEPTION AND THE WEAK AGAINST OPPRESSION. NOW THEREFORE, I MAYOR CHRISTINE DELLY CALL UPON ALL CITIZENS OF OUR COMMUNITY TO OBSERVE THE WEEK OF MAY 12TH THROUGH MAY, THROUGH MAY 18TH, 2024, AS NATIONAL POLICE WEEK AND WEDNESDAY MAY 15TH AS NATIONAL POLICE OFFICER MEMORIAL DAY IN HONOR OF THOSE LAW ENFORCEMENT OFFICERS WHO HAVE MADE THE ULTIMATE SACRIFICE AND SERVICE TO THEIR COMMUNITY AND WITNESS THEREOF, I HERE UNTO SET MY HAND AND CAUSE THE SEAL OF THE CITY OF LEAN LAND TO BE FIXED ON MAY 2ND, 2024. MAYOR CHRISTINE IL. THANK YOU, SIR. THANK YOU. WELL, I I WANNA FIRST OF ALL SAY THANK YOU SO MUCH FOR TAKING THE TIME TO, TO READ THIS PROCLAMATION. IT IS NOT LOST ON ANY OF US, ESPECIALLY MYSELF, OF THE SUPPORT THAT WE HAVE, NOT ONLY FROM OUR GOVERNING BODY, FROM OUR CITY MANAGER'S OFFICE, AND ESPECIALLY FROM ALL THOSE THAT STAND BEHIND ME RIGHT NOW BEHIND US IN OUR COMMUNITY, BECAUSE THAT IS WHAT THIS PARTNERSHIP'S ABOUT. THAT IS THE REASON WE GET UP EVERY DAY AND WANNA DO WHAT WE DO. YOU KNOW THAT MY STORY, I'VE SAID IT BEFORE AND WHAT I APPRECIATE THE MOST ABOUT NATIONAL POLICE WEEK AND MEMORIAL WEEK IS I TOO HAVE, MY GRANDFATHER WAS KILLED IN A LINE OF DUTY IN 1965. MY COUSIN KILLED IN 1980, WAS A TROOPER. SO MY FAMILY'S HAD THAT HAPPEN IN THEIR FAMILY. AND I'VE SEEN WHAT THAT DOES TO MY FATHER AND AND THROUGH LIFE JUST WITH THAT EXPERIENCE TO EVEN WHERE MY PARENTS DIDN'T WANT ME TO DO THIS JOB BECAUSE OF THAT LOSS OF, OF MY GRANDFATHER, WHICH I DIDN'T REALLY LISTEN TO HIM APPARENTLY 'CAUSE I WOUND UP DOING IT ANYWAYS. BUT, UH, I'M, I'M BLESSED TO BE ABLE TO DO THAT AND BLESSED TO BE ABLE TO SERVE WITH, WITH SOME AMAZING PEOPLE. YOU KNOW, AT, I USED TO GO TO A LOT OF FUNERALS, ESPECIALLY DEFINITELY THE LOCAL ONES. AND, AND, UH, OUR HONOR GUARD NOW IS ACTUALLY GOES TO ALMOST ALL OF THOSE. [00:20:01] AND THERE'S A PROMISE THAT'S MADE TO EVERY FAMILY MEMBER AND IT'S THAT THEIR LOVED ONE MAY BE GONE, BUT THEY'RE NEVER FORGOTTEN. AND I CAN TELL YOU THAT THESE PROCLAMATIONS, AS LONG AS THEY'RE CONTINUED TO BE READ IN PUBLIC PLACES AND IN GOVERNMENT BUILDINGS AND GOVERNMENTS DO WHAT YOU JUST DID THIS EVENING, THEN THAT PROMISES SOLIDIFY THAT THEY'RE NOT FORGOTTEN. SO THANK YOU SO MUCH FOR TAKING THAT TIME AND, UH, BLESS Y'ALL. THANK YOU SO MUCH, CHIEF DAVIS. READY? COUPLE MORE. ALL. OKAY, [ CONSENT AGENDA: ACTION] COUNSEL, WE'RE GOING TO MOVE INTO OUR CONSENT AGENDA. UM, ITEMS NINE, 12 AND 24 HAVE BEEN PULLED AND WILL BE CONSIDERED SEPARATELY. YOU'LL BE CONSIDERING CONSENT. AGENDA ITEMS 8 10 11 13 THROUGH 23 AND 25. THIS IS AN ACTION ITEM. MOTION TO APPROVE. SECOND. SECOND. MOTION OF SECOND. ALL THOSE IN FAVOR PASSES UNANIMOUSLY? YES. OKAY. ITEM NUMBER 10, OR SORRY, ITEM NUMBER [9. Award of Solicitation CIPS24-007 to EAR Telecommunications, LLC dba EARTC for Construction Services for Intersection Improvements at Collaborative Way and Bagdad Road (CIP T.71), CR175 and Journey Parkway (CIP T.75), and San Gabriel Parkway Eastbound at U.S. Highway 183 Right-Turn Lane (CIP T.20) in the amount of $2,301,795.31; and authorize the City Manager to execute any and all necessary documents.] NINE IS GOING TO GO TO WORKSHOP, BUT WE HAVE A FEW PEOPLE SIGNED UP TO SPEAK. SO I WILL READ THE AGENDA ITEM AWARD OF SOLICITATION CIPS 24 DASH 0 0 7 TO EAR TELECOMMUNICATIONS, LLC, DOING BUSINESS AS E-A-R-T-C FOR CONSTRUCTION SERVICES FOR INTERSECTION IMPROVEMENTS AT COLLABORATIVE WAY AND BAGHDAD ROAD, CIPT 0.71 COUNTY ROAD 1 75, AND JOURNEY PARKWAY, CIPT 0.75, AND SAN GABRIEL PARKWAY EASTBOUND AT US HIGHWAY 180 3, RIGHT TURN LANE, CIPT 0.20 IN THE AMOUNT OF $2,301,795 AND 31 CENTS. AND AUTHORIZE THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS. UM, FIRST UP TO SPEAK IS JOE KUNZ. GOOD EVENING. PLEASE GIVE YOUR NAME AND ADDRESS. YOU'LL HAVE THREE MINUTES. UH, JOE KONZ 2 4 2 0 GREATWOOD TRAIL. UH, I UNDERSTAND YOU GUYS PULLED THIS FROM THE AGENDA, BUT I APPRECIATE THE OPPORTUNITY TO SPEAK AND SHARE SOME OF OUR CONCERNS WITH THE HOPE THAT YOU GUYS TAKE THOSE INTO CONSIDERATION. UH, I'M HERE ON BEHALF OF THE GREATWOOD ESTATES COMMUNITY. WE'RE A LITTLE OVER A HUNDRED HOMES OFF THE TWO 80. SO OUR CONCERN IS WITH THE COLLABORATIVE WAY STOPLIGHT. SO CURRENTLY GETTING FROM THE TWO 80 ONTO, UH, NORTH BAGHDAD OR SOUTH BAGHDAD IS ALMOST IMPOSSIBLE. SOMETIMES IT COULD TAKE 20 MINUTES. UH, WE'RE THEY'RE BUILDING AN ADDITIONAL 300 HOMES OFF THAT TWO 80 ROAD IN THE NEXT FEW YEARS. THEY'VE ALREADY STARTED CONSTRUCTION ON THE GREATWOOD SOUTH COMMUNITY. SO OUR CONCERN AS A COMMUNITY IS A TWO 80 IS IS BARELY WIDE ENOUGH TO FIT ONE LANE EACH WAY AS IT IS. THERE'S NOT EVEN, THERE'S NO LINES ON THE ROAD. AND THEN TRYING TO MAKE A RIGHT OR A LEFT ONTO 2 79 FROM TWO 80 IS ALSO IMPOSSIBLE. YOU HAVE A BUNCH OF NEW COMMUNITIES ON THE 2 79 TRYING TO COME DOWN SOUTH, AND THEN ALL OF THE CONSTRUCTION TRAFFIC COMING DOWN THE TWO 80. SO IT'S OUR BELIEF THAT PUTTING THAT STOPLIGHT THERE IS GONNA BACK ALL THAT TRAFFIC ON THE BACK ON BAGHDAD PREVENTING US FROM BEING ABLE TO EXIT OUR COMMUNITY. AND SO SOME OF THE QUESTIONS I HAD, UH, I WAS HOPING YOU GUYS WOULD CONSIDER IS, WAS THE TRAFFIC STUDY DONE TO SEE WHAT THE IMPACT THAT WOULD HAVE ON THE TWO 80 AND IT, AND IF IT WAS, WAS IT PUBLISHED? CAN IT BE PUBLISHED? WE'D LIKE TO SEE THAT, UH, WHETHER OR NOT THE CITY HAS ANY TRAFFIC ENGINEERS ON STAFF THAT REVIEWED THAT STUDY OR LOOKED AT THE EFFECT THAT THE STOPLIGHT WOULD HAVE. [00:25:02] AND, UH, AND OF COURSE IF THERE WAS NO STUDY DONE, YOU KNOW, AGAIN, JUST TRYING TO STRESS TO EVERYBODY, YOU KNOW, WE THINK THAT'S VERY IMPORTANT AS IT IS JUST WITH THE CONSTRUCTION TRAFFIC. SOMETIMES IT TAKES OVER 20 MINUTES TO GET FROM THE TWO 80 ROAD TO BAGHDAD. AND SO WE'RE, WE'RE VERY CONCERNED ABOUT HOW THAT'S GONNA AFFECT OUR FLOW OF TRAFFIC. THANK YOU. THANK YOU, LYNETTE HERON, GOOD EVENING. PLEASE GIVE YOUR NAME AND ADDRESS. YOU HAVE THREE MINUTES, LYNETTE HERONS, 27 40. GREAT OLIVE PASS. I LIVE IN GREATWOOD ESTATES AND HIGHWAY TWO 80 IS NOT A DRIVABLE ROAD. IT NEEDS TO BE WIDENED AND STRIPED. IT'S DANGEROUS. SOMEONE IS GOING TO GET KILLED ON THAT ROAD WITH THREE NEW NEIGHBORHOODS AND CONSTRUCTION TRUCKS GOING. SO THAT'S PRETTY MUCH A FACT. UM, WITH THE ADDITIONAL THREE NEIGHBORS HOODS, WE ONLY HAVE ONE OUTLET AND THAT'S TWO 80 ONTO 2 79. AND, UM, IT, IT, IT WILL BLOCK ALL THOSE NEIGHBORHOODS TRYING TO GET OUT. LIKE JOE WAS SAYING, IT TAKES 20 MINUTES NOW DEPENDING ON WHAT TIME OF THE DAY YOU TRY TO GET OUT. AND THE HILL THAT COMES UP ON 2 79, JUST, I DON'T KNOW HOW MANY FEET IF YOU WANT TO, IF YOU WANNA TURN LEFT OR RIGHT, THOSE CARS COME UP OVER THAT HILL AND THEN THEY'RE RIGHT ON OUR TWO 80 HIGHWAY AND IT'S EXTREMELY DANGEROUS AND NIGHTTIME IS EVEN WORSE. SO I ASK YOU TO PLEASE CONSIDER WORKING OUT THE, THE STOPLIGHT A COLLABORATIVE WAY IS PROBABLY THE EASIEST, BUT NOT THE ANSWER FOR THE BEST FLOW OF TRAFFIC. SO I ASK YOU TO PLEASE CONSIDER OUR CONCERNS. THANK YOU. THANK YOU. WE DO NOT HAVE ANYBODY ELSE SIGNED UP TO SPEAK ON THIS ITEM, BUT WAS THERE ANYBODY ELSE WHO WANTED TO SPEAK? OKAY. UM, AND THAT ONE IS GOING TO GO TO WORKSHOP. WE DON'T NEED A VOTE FOR THAT. AND SO [12. Award of Solicitation CIPS24-004 to Gameta Construction, LLC dba DKC Construction Group for construction services for Senior Activity Center (CIP P.6) in the amount of $8,783,822.00; and authorize the City Manager to execute any and all necessary documents.] WE'LL MOVE ON TO ITEM NUMBER 12. 12 IS AWARD OF SOLICITATION, CIPS 24 DASH 0 0 4 TO GATA CONSTRUCTION LLC, DOING BUSINESS AS DKC CONSTRUCTION GROUP FOR CONSTRUCTION SERVICES FOR SENIOR ACTIVITY CENTER, CIPP 0.6 IN THE AMOUNT OF $8,783,822. AND AUTHORIZE THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS. DO WE HAVE ANYBODY THAT'S PRESENTING ON THIS OR ARE WE JUST HAVING DISCUSSION? WE CAN SEVERAL JUST FOR DISCUSSION. OKAY, THANK YOU COUNCIL MEMBERS. WELL, I MEAN, I THINK WE NEED TO TALK ABOUT IT SOME MORE. I THINK ALL THE SENIORS WANT US TO TALK ABOUT IT SOME MORE , SO WE'RE, WE'RE JUST GONNA TALK ABOUT IT SOME MORE. WOULD Y'ALL LIKE TO SAY ANYTHING? SO I REALLY WANTED TO HAVE IT PULLED 'CAUSE I JUST WANNA CELEBRATE WITH YOU GUYS. I KNOW IT'S BEEN A LONG TIME COMING AND, UH, I WAS NOT ALWAYS A PART OF IT. I'VE ONLY BEEN UP HERE A COUPLE OF YEARS, BUT, UH, ALSO JUST COMMEND CITY STAFF FOR GETTING THE WORK DONE AND FUNDING THE FUNDING MECHANISMS TO MAKE IT ALL HAPPEN AND JUST REALLY TO CELEBRATE WITH Y'ALL. SO THANK YOU FOR BEING HERE TONIGHT. WERE THERE ANY OTHER COUNCIL MEMBERS THAT WANTED TO COMMENT BETTER LATE THAN NEVER ? ANYBODY ELSE? YEAH, I'LL, I'LL JUST ADD THAT. UM, I MEAN, I, I DID KIND OF JOKINGLY TELL ONE OF THEM THAT WE WERE JUST GONNA PULL IT FOR THAT REASON, JUST TO TALK ABOUT IT SOME MORE. MOSTLY BECAUSE OF WHAT WE'RE SAYING. WE'RE VERY EXCITED ABOUT THIS. AND, AND, UH, AND, AND I KNOW MANY OF, MANY OF Y'ALL HAVE HEARD, HEARD ME SAY IT QUITE OFTEN, THAT BOND WAS FOR $4,185,000 NOT TO EXCEED $4,185,000. AND YET SOMEHOW WE FIGURED IT OUT. AND THAT IS THROUGH STAFF AND A LOT OF TIME, A LOT OF DISCUSSION, A LOT OF ANGST, A LOT OF MOVING AROUND, AND IT'S HAPPENING. AND WE ARE, WE ARE CELEBRATING WITH YOU. SO THANK YOU FOR THE PATIENCE AND UH, I LOOK FORWARD TO ATTENDING WITH YOU BECAUSE I'M OVERQUALIFIED MYSELF, . SO THANK YOU. AND I'D LIKE TO GIVE A HUGE SHOUT OUT AGAIN TO STAFF. I KNOW, UM, Y'ALL REALLY PUT YOUR HEADS TOGETHER AND MOVE THINGS AROUND AND, AND THIS WAS VERY IMPORTANT TO THE COMMUNITY AND THANK YOU SO MUCH. I KNOW YOUR PROJECTS WERE WERE ALL IMPORTANT AND I APPRECIATE THAT WE'RE STILL GONNA GET EVERYTHING DONE. UM, AND SO THANK YOU AND, UH, MR. CITY MANAGER IN SPEAKING WITH SOME OF OUR, UM, FABULOUS ACTIVE ADULTS THAT ARE HERE TONIGHT TO CELEBRATE. UM, IT CAME UP THAT, UH, THERE IS A REQUEST THAT WE DO A GROUNDBREAKING AND LET THEM CELEBRATE WITH US AT THE SITE. SO IF YOU WANNA PUT THAT AWAY FOR A RAINY DAY, UM, I THINK WE WOULD ALL LOVE TO BE OUT THERE. WITH THAT, I'M GONNA MAKE A MOTION TO APPROVE. SECOND MOTION. A SECOND. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR PASSES UNANIMOUSLY. CONGRATULATIONS. CONGRATULATIONS. SEVEN [00:30:01] YEARS. ALRIGHT. AND THEN ITEM NUMBER [24. Approval of Development Agreement Case DA-23-0009 regarding the Leander Estates development on three (3) parcels of land approximately 210.6 acres ± in size, more particularly described by Williamson Central Appraisal District Parcels R560185 and R560184; and Travis Central Appraisal District Parcel 905245; generally located at the north west corner of CR 280 and the future extension of Lakeline Boulevard, Leander, Williamson and Travis Counties, Texas.  ] 2024 IS NOT LOADING APPROVAL OF DEVELOPMENT AGREEMENT CASE DA DASH 23 DASH 0 0 9. REGARDING LEANDER ESTATE'S DEVELOPMENT ON THREE PARCELS OF LAND, APPROXIMATELY 210.6 ACRES, PLUS OR MINUS IN SIZE. MORE PARTICULARLY DESCRIBED BY WILLIAMSON CENTRAL APPRAISAL DISTRICT AS PARCELS R 5 6 0 180 5 AND R 56 0 1 8 4. AND TRAVIS CENTRAL APPRAISAL DISTRICT PARCEL 9 0 5 2 4 5. GENERALLY LOCATED AT THE NORTHWEST CORNER OF COUNTY ROAD TWO 80 AND THE FUTURE EXTENSION OF LAKELINE BOULEVARD, LEANDER WILLIAMSON, TRAVIS COUNTY, TEXAS. WE DO HAVE A SPEAKER ON THIS ITEM. JAMES GIDDENS. GOOD EVENING. MR. GIDDENS. PLEASE GIVE YOUR NAME AND ADDRESS. YOU'LL HAVE THREE MINUTES. OKAY. I'M, UH, JAMES GIDDENS 2 0 1 COUNTY ROAD TWO 90. LEANDER, UH, WANTED TO TALK ABOUT THIS DEVELOPMENT AGREEMENT. I'M NOT A PARTY TO THE DEVELOPMENT AGREEMENT, BUT I AM AFFECTED BY IT. UH, I CONTRACTED WITH THE DEVELOPER IN DECEMBER OF 2021 TO PURCHASE FINISH LOTS IN THE COMMUNITY. UH, OBVIOUSLY IT, IT WAS SUPPOSED TO BE DELIVERED IN LATE 2022 AND DELAYS HAVE HAPPENED AND EVERYTHING, BUT WE FINALLY GET IT. IT'S GOING. STREETS ARE PAVED. UH, I NOTICED THIS AGENDA ITEM POP UP TODAY AND, UH, IT WAS ALWAYS REPRESENTED THAT WHILE LAKELINE BOULEVARD IS ON THE EASTERN SIDE OF THIS COMMUNITY BETWEEN GREAT WOODS AND LEANDRO ESTATES, THAT THE DEVELOPER WOULDN'T BUILD IT. THEY WOULD BE PAYING A FEE IN LIEU OF THAT, UH, BUILDING THE STREET AT THIS TIME, JUST LIKE THE GREAT WOOD DEVELOPER DID. AND, UH, THE DEVELOPMENT AGREEMENT COMES OUT AND IT, IT DOES SHOW THE, THE BUILDER IS, UH, THE DEVELOPER IS PAYING, UH, I THINK $50,000 IN ROADWAY FEES. THEY'RE IMPROVING COUNTY ROAD TWO 80, WHICH IS GREAT. IT NEEDS IT. UH, AND, UH, THEY'VE AGREED TO PAY THE DEVELOPER IN THE DEVELOPMENT AGREEMENT SAYS THEY'RE GOING TO PAY THE ROADWAY IMPACT FEES. AND I'M READING THE DEVELOPMENT AGREEMENT AND THAT LOOKS FINE. IT STATES AT ONE POINT THAT THE DEVELOPER IS GONNA CAUSE THE, UH, ROADWAY IMPACT FEES TO BE PAID AT TIME OF PLAT RECORDING. THAT LOOKS GOOD. BUT SECTION 6.07 OF THE AGREEMENT FURTHER STATES THAT TO BE, THEY WANT TO MAKE IT CLEAR THAT THE ROADWAY IMPACT FEES ARE GONNA BE PAID BY THE HOME BUILDER AT TIME OF PERMIT, NOT THE DEVELOPER. AND SO, IN EFFECT, YOU KNOW, BACK IN 2021, THIS DEVELOPER WOULD'VE PAID A FEE OF THE CITY FOR, FOR NOT BUILDING LAKELINE, BUT NOW THEY'VE TRANSFERRED THAT BURDEN TO THE HOME BUILDER, WHICH ULTIMATELY GETS PASSED ON TO MY CUSTOMERS THAT ARE GONNA BUY THE HOMES IN THERE. THEY'RE GONNA BE PAYING MORE FOR THE HOMES BECAUSE IT'S CALLING THIS DEVELOPMENT AGREEMENT CALLS FOR THE HOME BUILDER TO PAY IT AT HOME AND PERMIT THE DEVELOPER SAYS, HEY, THIS IS CITY ORDINANCE, EVERYONE'S GOTTA PAY THIS FEE. ME NOT BUILDING LAKELINE HAS NOTHING TO DO WITH THE IMPACT FEES ON THIS COMMUNITY. AND THAT MIGHT BE CORRECT. I JUST WANTED TO BRING IT UP AND HOPE THE COUNCIL HAS SOME DISCUSSION ABOUT IT AND WITH STAFF AND MAKE SURE EVERYONE'S CLEAR ON WHO'S PAYING THOSE FEES AND IF THAT IS THE CORRECT ASSUMPTION. I APPRECIATE Y'ALL'S TIME. THANK YOU. THANK YOU. THERE'S NOBODY ELSE SIGNED UP TO SPEAK ON THIS ITEM. IS THERE ANYBODY WHO WISHES TO SPEAK? OKAY, COUNSEL, QUESTIONS FOR STAFF JUST TO APPRECIATE CLARIFICATION FROM THE STAFF AS FAR AS WHAT WAS, WHAT WAS JUST THE, THE POTEN THE POTENTIAL QUESTION THAT JUST CAME UP. THIS IS THE FIRST I'M HEARING OF IT TOO. SURE. UM, SO THIS IS SOMETHING THAT, UM, OUR CITY ENGINEER WORKED WITH THE APPLICANT ON. OKAY. UM, IN OUR ORDINANCE WE HAVE A ROADWAY IMPACT FEE REQUIREMENT, AND THEN THERE IS ROADWAY ADEQUACY REQUIREMENTS. AND SO THEY ARE PAYING THE ROADWAY ADEQUACY FEE IN LINE WITH THE FINAL PLAT WHERE WE WOULD NORMALLY COLLECT IT. SINCE WE NOW HAVE ROADWAY IMPACT FEES, THOSE ARE DUE WITH BUILDING PERMIT AND THAT TOOK EFFECT IN JANUARY OF THIS YEAR. UM, EMILY MIGHT BE ABLE TO GIVE BETTER DETAILS, BUT I CAN SAY THEY'RE TWO SEPARATE FEES THAT ARE COLLECTED AT SEPARATE TIMES NOW. IT WAS SOMETHING IN 2021 WHEN THEY WERE PROBABLY TALKING THAT DIDN'T EXIST YET. THAT MAKES SENSE. THANK YOU. BUT THE DEVELOPER IS EXTREMELY CLEAR. [00:35:01] THE DEVELOPER IS EXTREMELY CLEAR ON HOW THIS, HOW THIS IS SET UP. CORRECT. OKAY. I'LL MAKE A MOTION TO APPROVE. YEAH, I MEAN, I DON'T KNOW WHY WE WOULDN'T. SO, I'M, I'M MAKE A SECOND, BUT MAYBE WE TALK OFFLINE TOO. AS FAR AS WHAT'S GOING ON HERE. THIS THE FIRST I'M HEARING OF IT AND, UM, AND I DON'T SEE ANY, I MEAN THIS TO COME TO, TO JUST, TO, TO STOP EVERYTHING AT THIS POINT. THAT DOESN'T MAKE MUCH SENSE TO ME. UM, BUT SAM'S LIKE SOME CLARIFICATION BETWEEN THE ACTUAL END USER OR THE, THE BUILDER IN THIS CASE AND THE DEVELOPER WOULD BE IMPORTANT. AND MAYBE WHEN THAT, WHEN THAT CHANGED. BUT I'LL SECOND MOTION TO SECOND. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR PASSES UNANIMOUSLY. THANK YOU. I AM NUMBER 26. [26. Conduct a Public Hearing regarding Subdivision Case CP-23-0027 to adopt the Sullivan Tract Concept Plan Revision No. 1 on nine (9) parcels of land approximately 308.288 acres ± in size, more particularly described by Williamson Central Appraisal District Parcels R022920, R473838, R473839, R022741, R356046, R473837, R022922, R022921, and R022923; generally located west of North Bagdad Road and approximately 1,200 feet south of CR 281, Leander, Williamson County, Texas.  ] CONDUCT A PUBLIC HEARING REGARDING SUBDIVISION CASE CP DASH TWO THREE DASH 0 0 2 7 TO ADOPT THE SULLIVAN TRACT CONCEPT PLAN, REVISION NUMBER ONE ON NINE PARCELS OF LAND, APPROXIMATELY 308.288 ACRES, PLUS OR MINUS IN SIZE, AS STATED ON THE POSTED AGENDA. EXECUTIVE DIRECTOR OF DEVELOPMENT SERVICES, GRIFFIN. GOOD EVENING. GOOD EVENING. UM, THIS IS, UH, A CONCEPT PLAN FOR THE SULLIVAN TRACT. UM, THIS CONCEPT PLAN IS A RESIDENTIAL DEVELOPMENT. THE CITY COUNCIL DID GO THROUGH THE ANNEXATION PROCESS IN 2022 AND, UM, REVIEWED THE INITIAL CONCEPT PLAN IN 2023. SINCE THAT TIME, THEY STARTED THEIR PRELIMINARY PLATTING PROCESS AND THEY FOUND THAT, UM, THEY WERE ABLE TO ADD ADDITIONAL LOTS WITHIN THE ZONING REQUIREMENTS. SO THEY ARE GOING THROUGH A PROCESS TO AMEND THE, UH, CONCEPT PLAN TO ALLOW THIS, UM, THIS REQUEST WAS REVIEWED BY THE PLANNING AND ZONING COMMISSION DURING THEIR APRIL 18TH MEETING, AND THEY UNANIMOUSLY RECOMMENDED APPROVAL. UM, THERE IS AN ERROR ON THE AGENDA, SO THIS IS ONLY A PUBLIC HEARING AND WE'LL HAVE TO TAKE ACTION AT THE NEXT MEETING. THANK YOU. THANK YOU SO MUCH. THE PUBLIC HEARING IS NOW OPEN. WE DO NOT HAVE ANYBODY SIGNED UP TO SPEAK ON THIS ITEM. WAS THERE ANYBODY WHO WISHED TO SPEAK? ALL RIGHT. THE PUBLIC HEARING IS NOW CLOSED, AND AS YOU ALL JUST HEARD DUE TO A POSTING ERROR, THE ACTION FOR THIS ITEM WILL OCCUR AT THE MAY 16TH, 2024 REGULAR CITY COUNCIL MEETING ONTO [27. Discuss and consider action to direct staff to draft documents regarding a request for a variance to allow the sale of alcoholic beverages to occur within 300 feet of church, school, or hospital on one (1) parcel of land approximately 3.67 308.288 acres ± in size, more particularly described by Williamson Central Appraisal District Parcel R599180; commonly addressed as 10880 East Crystal Falls Parkway, Leander, Williamson County, Texas] OUR REGULAR AGENDA. ITEM NUMBER 27, DISCUSS AND CONSIDER ACTION TO DIRECT STAFF TO DRAFT DOCUMENTS REGARDING A REQUEST FOR A VARIANCE TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES TO OCCUR WITHIN 300 FEET OF CHURCH, SCHOOL, OR HOSPITAL ON ONE PARCEL OF LAND, APPROXIMATELY 3.67. THERE IS AN ERROR HERE. UM, OH, SORRY. YOU SEE THAT TOO? YES. THEN IT SAYS 308.288 ACRES, PLUS OR MINUS IN SIZE AS STATED ON THE POSTED AGENDA. EXECUTIVE DIRECTOR OF DEVELOPMENT SERVICES. GRIFFIN, WELCOME BACK. I CAN CLARIFY THAT. THANK YOU, , AFTER I, UM, GO THROUGH THE PRESENTATION. UM, SO THIS IS A, A REQUEST FOR A VARIANCE FROM THE TABC REQUIREMENTS. UM, WE HAVE A REQUIREMENT IN PLACE THAT, UM, IF YOU ARE GOING TO SELL ALCOHOL, YOU HAVE TO BE 300 FEET FROM A SCHOOL. AND IT'S MEASURED PROPERTY LINE TO PROPERTY LINE. UM, IN THIS CASE, THE DEVELOPER IS REQUESTING, UM, A RESTAURANT, UH, THAT WOULD SELL ALCOHOL. UM, THIS IS, UH, A LITTLE UNUSUAL FOR US 'CAUSE USUALLY WE ALREADY HAVE THE BUILDING AND, UM, THEY'RE, THEY'RE ADDING THEIR USE TO IT. UM, SO WE'RE ASKING THAT THE COUNCIL GIVE STAFF DIRECTION ON HOW THEY WANT THIS DRAFTED IF THEY CHOOSE TO APPROVE IT. UM, I HAVE A LIST OF, UH, CONDITIONS WE'D LIKE TO TALK ABOUT, BUT I'LL LET THE DEVELOPER MAKE THEIR PRESENTATION AND WE CAN GO OVER THAT WHEN WE'RE READY TO TAKE ACTION. SURE. THANK YOU. THANK YOU. UM, ALSO, DR. GEERING FROM THE SCHOOL DISTRICT IS HERE ALSO TO MAKE A STATEMENT AND BE AVAILABLE FOR QUESTIONS. DO Y'ALL WANT HIM TO GO FIRST OR DO YOU WANT TO GO FIRST? DR. GEARING, WOULD YOU LIKE TO COME UP? GOOD EVENING. WELCOME. THANK YOU FOR HAVING ME TONIGHT. UH, IT'S NICE TO BE ON THIS SIDE OF THE PHE CHANGE , SO I APPRECIATE THAT. AND THANK YOU FOR YOUR SERVICE. REALLY APPRECIATE, UH, THE WORK THAT YOU DO. UM, JUST TWO QUICK THINGS. UM, NUMBER ONE, OUR, WE WOULD NEVER, UH, RECOMMEND A VARIANCE FROM TABC, UM, IN THESE CASES AS THE SCHOOL DISTRICT. UH, COUPLE OF CONCERNS IN THIS CASE PARTICULARLY WOULD BE THE CO-MINGLING OF, UH, POTENTIALLY IMPAIRED DRIVERS WITH OUR YOUNG DRIVERS, UM, AND OUR FAMILIES. AND SO WE DO HAVE THAT CONCERN. WE'D LIKE YOU TO CONSIDER THAT CAREFULLY. UM, AND THE OTHER THING IS THE CHANGE OF USE THAT'S POTENTIAL ONCE SOMETHING LIKE THIS IS PUT INTO PLACE. UH, WE WANNA MAKE SURE THAT THERE ARE CONTROLS LATER ON. SO THIS MIGHT SEEM OKAY, BUT WHAT HAPPENS WHEN, WHEN THIS USE CHANGES LATER ON. SO THANK YOU FOR YOUR CONSIDERATION. I APPRECIATE YOU INVITING ME TONIGHT. THANK YOU VERY MUCH. TOPO, THE FLOOR IS YOURS. GOOD EVENING. GOOD EVENING. UM, WE CAN DO DOING THAT PART. THANK YOU, MAYOR. THANK YOU COUNCIL. UM, I HAVE CRAIG FREESON HERE FROM TOPO. UH, HE'S OUR VP [00:40:01] OF DEVELOPMENT. I AM KIM SHIPMAN, A PRINCIPAL WITH TOPO, AND WE HAVE MICHELLE LYNCH, WHO IS OUR LAND USE ADVISOR. UM, WE ARE THRILLED TO, TO BRING THIS PROJECT, UH, TO LEANDER AND WANTED TO TELL YOU A LITTLE BIT ABOUT US AS DEVELOPERS, UM, AS WELL AS THE PROJECT THAT WE ARE CONTEMPLATING. UM, YOU KNOW, THE INTENT OF THIS VARIANCE, UH, IS TO BOTH STREAMLINE THE PROCESS FOR COUNCIL, LOOKING AT THE SITE BEFORE THE, THE ACTUAL RESTAURANTS, UH, TO THAT WE ARE RECRUITING, UH, TO REMOVE A KEY HURDLE, UH, TO, TO RECRUIT THESE GREAT FAMILY, WHAT WE CONSIDER FAMILY FRIENDLY, UH, RESTAURANT, UH, OPERATORS. AND REALLY JUST OUR BACKGROUND A LITTLE BIT IS, UM, YOU KNOW, WE'VE BEEN IN, IN THE RESTAURANT INDUSTRY FOR OVER 20 YEARS. THAT WAS THE BACKBONE OF WHAT WE ARE AS DEVELOPERS. AND SO WE REALLY UNDERSTAND KIND OF WHAT THE, HOW SUCCESSFUL, UH, FOOD AND BEVERAGE OPERATORS, WHAT THEY NEED TO BE SUCCESSFUL. AND REALLY, UH, HERE'S A FEW OF OUR PROJECTS THAT WE'VE DONE. UM, THAT WE REALLY LOOK FOR A MIX OF USES TO CREATE JUST A, A WONDERFUL PLACE FOR OUR, UH, BOTH THE TENANTS AND THE PEOPLE THAT, THAT COME TO THEIR LOCATIONS TO REALLY THRIVE. AND ONE OF THOSE IS, IS TO, TO RECRUIT KEY FOOD AND BEVERAGE RETAILERS TO SORT OF ACTIVATE THE SPACE, CREATE THIS WONDERFUL, UM, UM, PLACE WHERE, WHERE PEOPLE CAN GO FROM THEIR SMALL BUSINESS, UM, IN ONE PORTION OF THE, UH, OF THE, THE PROPERTY TO POTENTIALLY RETAIL. UM, AND, AND CERTAINLY, UH, THE FOOD AND BEVERAGE COMPONENT OF THAT, UM, IS A, IS A BIG PORTION OF IT. UM, CRAIG IS GONNA TELL US A LITTLE BIT ABOUT THE, THE PROJECT ITSELF, UM, AND, AND WALK THROUGH, UM, SOME OF THE KEY FEATURES. THANK YOU, KIM. UM, SO JUST WANTED TO WALK THROUGH, UM, AS AN OVERVIEW OF THE LOCATION. WE'RE BETWEEN, UH, 180 3 AND RONALD REAGAN. UM, IT'S NOT MAIN AND MAINE FOR RETAIL. UM, SO PART OF THE REASON WE'RE HERE, IN ADDITION TO KIM MENTIONING THE STREAMLINING OF THE PROCESS IS TO REALLY, UH, REMOVE THE BARRIERS FOR US TO RECRUIT, UM, FAMILY FRIENDLY, UH, LOCAL AND REGIONAL FOOD AND BEVERAGE CONCEPTS, WHICH IS WHO WE'RE RECRUITING RIGHT NOW FOR THE PROPERTY, UH, TO ACTIVATE THE FRONT OF THE SITE. SO, AS YOU CAN SEE HERE, UM, THAT WAS PART OF THE, UH, PACKAGE THAT WAS SENT TO YOU BY STAFF. UH, THE FRONT DOOR OF EACH OF OUR, UH, POTENTIAL FOOD AND BEVERAGE LOCATIONS IS EFFECTIVELY 2000 FEET FROM THE FRONT DOOR OF KNOX WILEY MIDDLE SCHOOL, UH, JUST OVER THAT. AND THEN OVER 4,000 FEET FROM ROUSE MIDDLE SCHOOL. AND THE OTHER THING TO NOTE IS THE WAY THAT WE'VE DESIGNED THESE BUILDINGS IS THAT THE FRONT DOOR IS ACTUALLY TURNED INWARD TO THE PROJECT TO REALLY HIGHLIGHT MORE OF THE TREES AND THE, THE LANDSCAPE. AND YOU'LL SEE THAT FURTHER INTO OUR PRESENTATION, UM, HOW IT LOOKS AND HOW IT, UH, INTEGRATES INTO THE, THE LANDSCAPE. UH, BUT JUST TO KINDA LET YOU KNOW HOW WE'RE INTENDING TO, TO REALLY FOCUS THAT DESIGN ON HOW THESE RESTAURANTS OPERATE. UH, THE, THERE WAS ALSO A DISCUSSION TO JUST SHOW ANOTHER, UH, DISTANCE FROM THE, THE CORNER OF OUR SITE TO THE CLOSEST LOCATION OF WHERE THE GATHERING OF STUDENTS WOULD BE, UM, IN EACH OF THESE CASES GREATER THAN 650 FEET. UM, SO TO GET INTO A LITTLE BIT OF THE, UM, THE PROJECT ITSELF, UH, YOU KNOW, WE, WE LOVE THIS LOCATION BECAUSE OF THE SITE. UM, AS OUR NAME, UH, ALLUDES TO, WE REALLY LIKE TOPOGRAPHY. SOME DEVELOPERS LOOK AT IT AS A CHALLENGE. UH, WE LOOK AT IT AS AN OPPORTUNITY WHERE WE CAN REALLY INTEGRATE DESIGN LAYER IN, UM, THE PHYSICAL ATTRIBUTES OF OUR BUILDINGS WITH THE LAND ITSELF. UM, SO THESE ARE SOME CONCEPTS THAT WE REALLY TOOK INTO ACCOUNT AS WE WERE DESIGNING THE SITE THAT YOU'LL SEE LATER IN THE PRESENTATION. BUT REALLY CREATING, GATHERING SPACES USING ARCHITECTURE HONESTLY, UM, BY UTILIZING MATERIALS IN DIFFERENT AND, AND INTERESTING WAYS. AND THEN CREATING THESE, THESE ELEMENTS OF DISCOVERY, UH, AS YOU EXPERIENCE THE SITE. AND SO THESE ARE SOME PRECEDENT IMAGES THAT REALLY INSPIRED US TO CREATE THE, UH, DESIGN THAT WE ULTIMATELY GOT TO. UM, SO YOU CAN SEE LAYERING IN DESIGN. WE REALLY FOCUS ON ZEROSCAPING AND, UH, NATIVE AND DROUGHT TOLERANT, UH, LANDSCAPING AS WE KNOW THAT CENTRAL TEXAS HAS WATER ISSUES AND WE WANNA DO EVERYTHING WE CAN TO MAKE SURE TO MITIGATE THAT AS A NEED. UM, CREATING GATHERING SPACES. SO WHAT'S CRITICAL TO GATHERING SPACES ARE THESE FOOD AND BEVERAGE CONCEPTS TO CREATE FOR THE COMMUNITY. AS YOU SAW IN THE PACKAGE, WE HAVE THE [00:45:01] SUPPORT OF BOTH ADJACENT NEIGHBORHOODS, UM, AS WELL AS OUR PARTNER IN THIS DEAL, WHICH IS, UH, NORTH POINT CHURCH, WHO'S THE CURRENT OWNER OF THE LAND. UH, SO WE HAVE A CHURCH AS A SUPPORTER OF THE, THE, UH, PROJECT AND THIS CONCEPT OF THE FOOD, FOOD AND BEVERAGE, UH, OPERATORS THAT SELL ALCOHOL, UM, AS WELL AS THE CHAMBER OF COMMERCE. UM, WE ALSO HAVE SOME IMAGES HERE OF HOW UTILIZING CONCRETE, UM, IN OUR ARCHITECTURE, IT CREATES SOME INTEREST. AND WHEN YOU LAYER THAT IN WITH THE LANDSCAPE, IT, IT CREATES THIS REALLY INTERESTING ELEMENT. UM, AND THEN THE EXPERIENCES, AS I MENTIONED. AND SO THIS IS ANOTHER OVERVIEW, TAKING A STEP BACK OF THE SITE. UM, AND THEN HERE WE GET INTO THE ARCHITECTURE. SO, UM, ON THE LEFT SIDE OF OUR SCREEN YOU HAVE CRYSTAL FALLS PARKWAY. THE BLACK ROOFTOP BUILDINGS ARE, UH, MORE OF LIKE A, A LOWER SCALE. AND THOSE ARE OUR, WHERE WE PRESUME, UH, AND OUR RECRUITING FOR OUR FOOD AND BEVERAGE CONCEPTS TO BE. UM, SO AS YOU CAN SEE, I THINK I CAN DO THIS, GET FANCY HERE. UM, THE FRONT DOOR OF THESE BUILDINGS ARE ACTUALLY HERE, HERE, HERE, AND HERE. SO NOT FRONTING ALONG CRYSTAL FALLS PARKWAY. HERE'S THE ENTRANCE OF THE PROPERTY FROM CRYSTAL FALLS PARKWAY, UH, COMING INTO THE SITE WITH, AGAIN, THAT FOOD AND BEVERAGE ENTRANCE BEING HERE, NOT ON THE SIDE OR ON THE FRONT. AND THEN I'LL FLIP THROUGH THESE 'CAUSE I KNOW THAT I'M GONNA BE SOON RUNNING OUT OF TIME AND I DON'T WANT TO, UH, GET TO, I WANNA OPEN THIS UP TO Q AND A. SO, UM, HERE IN A LOT OF THESE IMAGES, YOU'LL START TO SEE THE CONCEPT THEMSELVES, UH, FAMILY FRIENDLY RESTAURANTS WITH IN INTEGRATING INTO THE OUTDOOR SPACES, AS WELL AS REALLY DESIGNING OUR PROJECT AROUND A LOT OF MATURE, UH, BEAUTIFUL TREES THAT WE HAVE HERE. AND THEN YOU CAN SEE AGAIN, THE TOPOGRAPHY, YOU SEE THAT RAISED DECK AREA, UM, AND LOWER SEATING AREAS, CREATING THESE INTERESTING EXPERIENCES. AND THEN LASTLY, I WANTED TO END ON, UH, THIS IS THE NORTH POINT CHURCH, SO IT DOESN'T LOOK LIKE A TYPICAL CHURCH. IT'S REALLY INTEGRATED INTO THE DESIGN AND CREATES THIS INDOOR AND OUTDOOR PLACE FOR THE CONGREGANTS TO GATHER. AND WITH THAT, UM, JUST WANTED TO LET YOU KNOW, KNOW THAT WE REALLY APPRECIATE YOUR TIME AND WE ARE HERE TO ANSWER ANY QUESTIONS YOU MIGHT HAVE ABOUT OUR, OUR PROPOSAL. THANK YOU, COUNSEL. ANYBODY WANNA START? OKAY, WELL I'LL, I'LL GIVE A SUM. HOW ABOUT IF I JUST GIVE LIKE A, A SUMMARY AND THEN WE CAN KIND OF GO FROM THERE TOO. SO WE'RE STAFF KIND OF GAVE US A FEW, UM, AND, AND I DON'T KNOW IF ROBIN'S GONNA GO OVER THAT TOO. A COUPLE RECOMMENDATIONS AS FAR AS THINGS TO KIND OF, IF, IF, IF THIS WAS SOMETHING THAT WE WERE GONNA CONSIDER, MAKE SURE THAT WE HAD, YOU KNOW, ENOUGH COVERAGE AND MAKE SURE THAT EVERYTHING'S GOING, UM, LIKE TO, TO THE SUPERINTENDENTS, UM, UH, TO, TO HIS CREDIT AS WELL TOO. ANYTHING THAT'S GONNA GO ON IN THE FUTURE, IT'S NOT GONNA BE AFFECTED. RIGHT. UM, OVERALL, MY, MY VIEW IS THAT, UM, THAT THIS IS NOT, I DON'T SEE HOW THIS IS POSSIBLY GONNA BE A, A SCHOOL ISSUE, ESPECIALLY WITH THE TIMES OF DAYS. MOST OF PE IF THERE WERE ANY STUDENTS DRIVING AROUND TOO. AND I THINK THE PROXIMITY OF THE ACTUAL RESTAURANT AND WHERE THE ACTUAL SCHOOL IS ON THAT ROAD THAT WE'RE JUST REDOING RIGHT NOW, IT IS COMPLETELY DIFFERENT. UM, I'M GONNA BE OF THE, IN GENERAL I'M IN, I WANT, I'M GONNA MAKE THIS AS, AS COMMON SENSE AND SIMPLE AS POSSIBLE TO MAKE SURE THAT THERE'S, THERE'S NOT A BIG LIABILITY OUT THERE AND JUST MAKE SURE WE'RE COVERAGE. BUT I DON'T WANNA OVERCOMPLICATE THIS. SO YEAH. UM, SOME OF THESE MIGHT BE A LITTLE BIT HARD TO KEEP UP WITH, BUT, UM, I LIKE THE, UH, LIMIT TO NO MORE THAN 25% OF THE TOTAL SQUARE FOOTAGE FOR THE BAR AREA. UM, I'M THINKING, LISTENING TO THE COMMENTS NOW, I'M WONDERING ON THE EXPIRATION INSTEAD OF, YOU KNOW, ALL OF THE TIME PERIODS AND WHATEVER, WOULD STAFF AND THE APPLICANT BE AMENABLE TO MAYBE SAYING, YOU KNOW, AT THE END OF THE FIRST TENANT YOU CAN, IT'S AN OPTIONAL EXTENSION OF THE VARIANCE BECAUSE THAT WOULD, THAT WOULD TAKE AWAY ALL OF THE, THE TIME PERIODS INVOLVED WITH THE SIX MONTHS AND ALL OF THAT. BUT IT WOULD ALSO, UM, ENABLE US TO SORT OF SEE HOW THIS GOES AND SEE IF THERE IS AN IMPACT, IF THAT'S WHERE, YOU KNOW, COUNSEL FEELS OKAY. THAT WAY IF THERE IS AN ISSUE WITH, YOU KNOW, OVERSERVED DRIVERS, WE CAN PUT OUR THUMB ON IT AT THAT POINT. WELL, SO I'LL WEIGH IN HERE. I DON'T, I DON'T THINK THAT WE NEED TO GET INVOLVED WITH [00:50:01] THAT NECESSARILY. I GUESS MY THOUGHT IS, BECAUSE I DON'T THINK WHETHER A BAR IS 25% OR 15% OR 50% IS GONNA HAVE ANY IMPLICATIONS. I I I, I WOULD I GUESS GO BACK TO WHAT ARE THE RULES? AND THAT WAS ONE OF THE THINGS IN MY CONVERSATION IS, YOU KNOW, SORTING THROUGH ALL THIS WAS WHAT EXACTLY ARE WE ASKING FOR IN MY UNDERSTANDING? SO PLEASE PIPE IN HERE IS ABOUT THE RESTAURANT WILL BE REQUIRED TO HAVE A FOOD AND BEVERAGE CERTIFICATE. AND WITH THAT, UM, 'CAUSE I'D ASKED FOR IT IN WRITING, WAS THAT THEY HAVE TO OFFER MULTIPLE ENTREES. THEY'RE PREPARED ON SITE THAT THEY HAVE TO SELL. THEY CAN SELL ALCOHOL ONLY WHEN FOOD IS BEING SOLD, AND THEY HAVE TO MAINTAIN A PERMANENT FOOD SERVICE FACILITY, WHICH IS A KITCHEN, COMMERCIAL KITCHEN IS MY UNDERSTANDING OF THAT. SO IF THAT'S ALREADY IN PLACE AND WE SAY THAT WHATEVER'S IN THERE HAS TO HAVE A FOOD AND BEVERAGE CERTIFICATE, WHY DO WE NEED TO HAVE THESE OTHER RULES? AND I JUST, I DON'T AGREE WITH, I THINK YOU JUST KEEP IT CLEAN. WELL, I THINK THE THINKING ON THAT IS YOU CAN END UP WITH A BAR THAT HAS, YOU KNOW, FRIED PICKLES AND HAS A LICENSE FOR, FOR FOOD AND BEVERAGE. I DON'T THINK THAT'S HOW THAT, I DON'T THINK THAT'S HOW THAT WORKS. OKAY. I MEAN, I'M NOT AN EXPERT SO MANY TIMES, I'M NOT AN EXPERT EITHER, BUT I THINK THEY, THEY ACTUALLY HAVE TO SERVE FOOD. IT'S NOT THE ONE AND POPCORN ON A TABLE. OKAY. OKAY. MICHELLE LYNCH? UH, YEAH. YES MA'AM. I BELIEVE THE TBC DOES HAVE SOME REGULATIONS AROUND THE COMMERCIAL KITCHEN ASPECT AND BE MAKING FOOD EITHER IN A FOOD TRUCK OR UNSIGNED IN A COMMERCIAL KITCHEN. SO NOT JUST A BAG OF CHIPS. OKAY. I MEAN, AND THAT MAY BE WORTH DOUBLE CHECKING, BUT I THINK HAVING SQUARE FOOTAGE ON THE BAR AND THIS, AND THE OTHER STRUGGLE I HAD WAS WITH THE EXPIRATION DATES AND ALL THAT, IT'S LIKE, WELL IF, IF SOMETHING'S DONE AND IT'S A GREAT CONCEPT AND ALL THAT SORT OF STUFF, AND FOR WHATEVER, FOR A REASON, THAT PLACE MOVES ON AND THEN IT'S, IT IS EMPTY FOR A PERIOD OF TIME AND THEN THERE'S SOMETHING BUILT NEXT DOOR. AND THEN NOW THIS CONCEPT THAT'S BEEN HERE FOR A WHILE CAN'T GET A, I JUST THINK IT CREATES A LOT OF LAYERS OF UNCERTAINTY. AND I DON'T WANNA CREATE RULES TO CREATE RULES. I'D RATHER KEEP THINGS STREAMLINED. IF TABC ALREADY HAS THE, UM, A RULE BOOK IN PLACE, THEN I'D LIKE TO JUST DOUBLE CHECK THAT WE'VE GOT EVERYTHING LINED UP THERE. BUT OKAY. BECAUSE I JUST DON'T SEE THIS BEING A PROBLEM AT ALL WITH THE SCHOOL. I HAVE NO PROBLEM WITH IT. BUT COUNCILMAN MCDONALD? UH, I AGREE WITH YOU. I DON'T THINK THERE'S ANY ISSUES WITH DRUNK DRIVERS ON THE SAME ROADWAY AS, AS THE SCHOOL, BECAUSE RIGHT AWAY IS THE, THE ACCESS POINT FOR BOTH SCHOOLS. AND YOU KNOW, IF WE START LOOKING AT WHERE WE PUTTING OUR POSSIBLE DWI DRIVERS, THEN WE'D NEVER APPROVE A RESTAURANT ON 180 3 . SO WHERE WE'RE MOST POPULATED. SO, UM, AND IF WE HAD APPROVED, IT WOULDN'T EVEN BE A, AN ISSUE IF YOU GUYS WERE JUST WHAT, 193 MORE FEET? UM, I JUST DON'T THINK IT'S, I DON'T THINK IT'S AN ISSUE. OKAY. YEAH, MY SON GOES TO ROUSE AND I REALLY DON'T THINK IT WOULD BE AN ISSUE DURING SCHOOL HOURS. SO I KIND OF AGREE WITH COUNCILMAN EREK AND MCDONALD'S. I MEAN, I, I THINK THAT ESPECIALLY WITH THE ROAD CHANGES THAT PEOPLE WOULD BE GOING THAT WAY MAYBE TOO ON RAIDER WAY. UM, BECAUSE I, I, I'M KIND OF TORN RIGHT, BECAUSE MY KIDS GO TO THAT SCHOOL. BUT I WOULD SAY THAT PEOPLE IN LEANDER ASKING US FOR RESTAURANTS AND NOW WE'RE BUILDING RESTAURANTS THAT PEOPLE CANNOT ENJOY A BEVERAGE THAT I GUESS PEOPLE GET MAD EITHER WAY. RIGHT. SO, WELL, IT HAS THE SUPPORT OF THE NEIGHBORHOODS THAT SURROUND IT TOO. MM-HMM, . YEAH. AND THE CHURCH. AND THE CHURCH, YEAH. THAT'S MY THING. IT'S LIKE IF THE CHURCH IS OKAY WITH IT, THEN IT'S KIND OF OKAY. UM, I MEAN, I I, WE KNOW OUR RESTAURANTS HERE, WE, WE KNOW THEY'RE NOT FULL FOR LUNCH AND I DON'T SEE ANYBODY GOING TO THE RESTAURANTS AND DRINKING FOR LUNCH. THEY'RE DRINKING AT NIGHT. AND THAT'S NOT WHEN SCHOOL'S OUT AND OUR SCHOOL'S IN. AND IF, IF WE'RE CONCERNED ABOUT SOMEBODY DRINKING AND DRIVING, WELL THEY CAN GO TO ANOTHER RESTAURANT AND STILL DRIVE IT'S, THAT DOES NOT FIX IT. UM, WHAT WHAT THIS IS, IS A VARIANCE FOR TABC RULES. AND I, I JUST CAN'T SEE THAT WE, WITH EVERYONE ELSE. WE DON'T NEED TO COMPLICATE IT. UM, AND I DON'T DRINK ALCOHOL. SO I MEAN, , I DON'T, I DON'T THINK THERE HAS TO BE A PLACE WHERE YOU'VE GOT TO GO AND GET A DRINK FOR LUNCH. I'M JUST, I'M NOT THAT PERSON. BUT DON'T TAKE AWAY MY COFFEE. YOU BETTER SERVE SOME COFFEE. SO WITH THIS, I, I DON'T HAVE A PROBLEM WITH IT EITHER. UM, TO ME IT DOES CREATE [00:55:01] AN UNDUE HARDSHIP ON THE APPLICANT FOR A LICENSE OR PERMIT. THAT'S, THAT'S THE ONE TO ME THAT FITS. UM, BECAUSE WHETHER IT'S YOU OR, YOU KNOW, YOU SELL IT AND SOMEBODY ELSE COMES ALONG, IT IS GONNA BE COMPLICATED. AND, YOU KNOW, WE, WE HEAR IT A LOT. THINGS ARE COMPLICATED. WE, YOU KNOW, IF IF THERE'S A, IF THERE'S SOMETHING THAT, UH, STAFF FEELS THAT WE NEED TO INCLUDE TO, TO MAKE IT BETTER, I'M, I'M OKAY SUPPORTING THAT. UM, BUT I'M ABSOLUTELY OKAY WITH THE VARIANCE AS, UH, CITY AS ALLOWED. CITY SECRETARY CRABTREE HAS A COMMENT. COUNCIL MEMBER BATTALION PARKER, TO CLARIFY, THIS IS A VARIANCE TO THE CITY ORDINANCE, NOT A-T-A-B-C REQUIREMENT. THEIRS IS A THOUSAND FEET AND THE CITY ORDINANCE IS 300. YES. BUT IT'S NOT THE, IT'S NOT A VARIANCE FOR WELL, NEVERMIND. I WAS JUST GONNA SAY, I DON'T HAVE NECESSARILY ISSUE WITH IT BEING THAT CLOSE TO THE SCHOOL. THEY'RE ON DIFFERENT, THE ENTRANCE DOORS ON DIFFERENT SIDES OF THE STREET. AND I LOOK AT CRYSTAL FALLS AS A MAJOR ROADWAY THAT IS GOING THROUGH. UM, I, I DON'T, THERE MIGHT BE KIDS THAT MIGHT TRY IT, BUT I DOUBT VERY SERIOUSLY THEY'RE COMING OVER. UM, TO HAVE MARGARITAS AT LUNCH, UM, OVER THERE, IT WOULD BE ODD, BUT I MEAN, IT'S POSSIBLE, BUT I DOUBT IT. SO I DON'T NECESSARILY HAVE AN ISSUE WITH THAT. BUT I WOULD LIKE TO HEAR FROM ROBIN WHAT YOUR CONCERNS WERE OR WHAT STAFF WAS SUGGESTING. THE ADDITIONAL THINGS BE ADDED, UM, TO THEIR, JUST FOR THE RECORD, PLEASE. WE WERE JUST PROVIDING OPTIONS SINCE IT'S CLOSE TO A SCHOOL. SO, AND I DON'T KNOW IF CITY MANAGER HAS ANYTHING TO ADD TO THAT, BUT IT WAS JUST TO DISCUSS. OKAY. YEAH. KEY CONCERN IS IF THIS, UH, WAIVER WERE TO BE GRANTED TO TRY TO ENSURE THAT, THAT THE BUSINESS THAT'S COMING IN IS TRULY GONNA OPERATE AS THAT RESTAURANT AND NOT KIND OF, UH, SLIDE INTO REALLY MORE FULL BAR OR PRIMARY BAR KIND OF OPERATION. AND SO THE FUNCTIONALITY OF IT, YOU KNOW, ALL THOSE COMPONENTS WERE THINGS THAT WE TOOK INTO CONSIDERATION. UM, THE OTHER THING TO THINK ABOUT AND AND OUR MINDS WAS THE FACT THAT ARE YOU PROVIDING, UM, A PERMANENT TYPE OF WAIVER WHERE USES COULD COME AND GO? SO YOU MAY HAVE A PRIMARY GOOD USER THAT COMES IN FROM DAY ONE, BUT WHAT IF THAT SHIFTS OVER OR OWNERSHIP CHANGES, YOU KNOW, THOSE TYPES OF THINGS HAPPEN. WANNA MAKE SURE THAT THERE'S ENOUGH TEETH IN THE WAIVER THAT ALLOWS THE CITY TO MAKE SURE THAT, THAT THOSE, UH, FUTURE OCCUPANTS WOULD OCCUPY WITHIN THE SPIRIT AND INTENT OF WHAT THIS PURPOSE WAS. SO THAT WAS THE SPIRIT AND, AND A LOT OF THE THINGS WE WERE THINKING ABOUT, PARTICULARLY WHEN YOU LOOK AT SIGNAGE, THINGS LIKE THAT. SO, YOU KNOW, NOT WANTING TO HAVE THE TYPICAL A-FRAME SIGNS OUT, THOSE TYPES OF THINGS THAT WOULD REALLY FUNCTION AS THINGS OUTSIDE OF WHAT A TYPICAL RESTAURANT MIGHT DO. COUNSEL, WHAT WOULD YOU LIKE TO DO HERE? I THINK SHE'S, I KIND OF LIKE THAT. WELL, I WAS JUST GONNA SAY THAT ON THE SIGNAGE ISSUE IN PARTICULAR, THERE WAS NO, UH, PUSHBACK ON THAT. OF COURSE. UH, I THINK THERE'S A OUTDOOR SIGNAGE NOT PORTRAYING ALCOHOL AND THAT WE WERE FINE WITH THAT FOR SURE. EXCELLENT. AND, AND JUST TO CLARIFY, OUR REQUEST DID INCLUDE THAT, THAT IF YOU WANTED TO PUT A RESTRICTION THAT IT'D BE FOOD AND BEVERAGE LICENSE ONLY. OKAY. BECAUSE THAT WOULD REQUIRE BOTH, THAT THEY'D DO BOTH. OKAY. SO I WOULD LIKE TO MAKE A MOTION TO APPROVE WITHOUT THE SUGGESTIONS, BUT WITH THE REQUIREMENT TO HAVE THE FOOD AND BEVERAGE, UM, CERTIFICATION. IS THAT, SO YOU'RE, YOU'RE DIRECTING US TO BRING IT BACK? 'CAUSE THIS ISN'T, UM, ACTION, IT'S JUST DISCUSSION. OH, OKAY. SO WE'LL DRAFT IT AND THEN BRING THE DOCUMENT. I'D LIKE IT, I'D RATHER JUST WITH THE CERTIFICATION. DO YOU HAVE AN, I HAVE A QUESTION ON THAT. GO AHEAD. IS THAT, IS THERE A SQUARE FOOTAGE REQUIREMENT ON THAT? 'CAUSE I KNOW IT'S, IT'S EITHER A BAR THAT SERVES FOOD OR A RESTAURANT THAT SERVES ALCOHOL, BUT I DON'T KNOW IF THERE'S A SQUARE FOOTAGE OR JUST A PERCENTAGE OF SALES. PERCENTAGE OF SALES. IT'S A PERCENTAGE OF SALES. SO I THINK THAT, OR, OR A COMMERCIAL KITCHEN. OKAY. I, I THINK IT IS REASONABLE TO HAVE SOME SORT OF SQUARE FOOTAGE INCORPORATED IN THAT SIMPLY BECAUSE, I MEAN, THERE ARE SOME PLACES THAT ARE VERY MUCH A BAR THAT SERVE FOOD, THAT CLAIM TO BE A RESTAURANT. SURE. SO I THINK THE, THE VISUAL ASPECTS OF IT, BEING RESPECTFUL OF THE LOCATION, I THINK IS, IS A, I THINK THAT'S A REASONABLE REQUEST THAT IT'S 25, 30 5% MM-HMM. I DON'T KNOW WHAT THE MAGIC NUMBER IS, BUT NOT 75% BAR AREA AND LITTLE BITTY RESTAURANT. I THINK THE, UM, I THINK STAFF RECOMMENDED 25% THEY DID WAS MORE ABOUT HOW YOU DEFINE THAT BAR AREA. SO I THINK, UM, WITH SOME LANGUAGE AROUND THAT, I THINK WE COULD [01:00:01] YOU WOULD BE OKAY WITH THAT? YES. OKAY. 'CAUSE I DON'T WANT IT TO BE UNREASONABLE. THAT'S WHY I SAID I DON'T, 25 PERCENT'S NOT A MAGIC NUMBER, BUT JUST WHERE IT'S CLEAR THAT IT'S A RESTAURANT THAT HAPPENS TO SERVE ALCOHOL AND THERE'S A BAR AREA. I'M SORRY, I DIDN'T MEAN INTERRUPT THAT. I THINK THAT WAS MY STRUGGLE WITH THE RANDOM PERCENTAGE YEAH. WAS BECAUSE WHAT IF THIS A PLACE COMES IN, THEY HAVE FILLED THEIR A THOUSAND SQUARE FEET AND 250 SQUARE FEET OF BAR AND THEN IT CHANGES OWNERSHIP AND NOW THEY HAVE 27% MM-HMM. . AND WE END UP IN THIS UPROAR FROM THE CITY BECAUSE THEY'VE GONE OVER BY 2% AND IT REALLY MAKES NO DIFFERENCE. SO WHY IF, IF THE NUMBER'S TOTALLY ARBITRARY, WHY HAVE IT AT ALL MAKE IT BASED ON WHAT WE ACTUALLY CARE ABOUT? AND IT'S THE FACT THAT IT'S A RESTAURANT, AND WHAT DO WE PUT PARAMETERS AROUND THAT? AND IF IT'S THE CERTIFICATION, IF SOMETHING ADDITION TO THAT, THAT'S, I'M GOOD WITH IT, BUT MAKE IT WHAT IT IS NOT ABOUT SOME PHYSICAL ASPECT. SO I THINK THAT'S WHERE THE APPLICANT IS SUGGESTING WE HAVE, YOU KNOW, SOME KIND OF FIRM PARAMETER OF WHAT IS INCLUDED AS A BAR. UM, I WAS ACTUALLY GONNA SAY, I'M GOOD WITH THE, THE BOTTOM THREE, UH, RECOMMENDATIONS. THE BAR HOURS SHALL NOT OPERATE OUTSIDE OF RESTAURANT HOURS. NO. OUTDOOR SIGNAGE, ADVERTISING, ALCOHOL SHALL BE ALLOWED. AND THE BAR AREA SHALL BE LIMITED TO NO MORE THAN 25 OR WHATEVER PERCENTAGE Y'ALL AGREE WORKS WHERE IT'S A CLEAR DEFINITION OF WHAT THAT IS. BECAUSE YOU COULD ALWAYS JUST SAY, WELL WE HAVE, WE HAVE A FOOD LICENSE, WE HAVE A COMMERCIAL KITCHEN, BUT WE HAVE A BAR THAT SPANS THE ENTIRE, YOU KNOW, BACK HALF OF THE, THE SPACE. RIGHT. UM, SO I THINK, I THINK THAT'S NOT A BAD, BAD THING TO KEEP IN WHAT THE REST OF Y'ALL THINK. OH, MS. GRIFFIN HAS THOUGHTS. THEY'RE, THEY'RE NOT BAD THOUGHTS. THANK YOU. UM, BUT, UH, WE JUST WOULD NEED TO KNOW ABOUT IS IT TRANSFERABLE OR NOT. THAT WOULD BE SOMETHING ELSE TO INCLUDE. WHAT I'M HEARING FROM COUNSEL IS THAT IT IS IN PERPETUITY AS LONG AS IT FALLS WITHIN THOSE YEAH. WITHIN GUIDELINES. YEAH. SO, YEAH. TRANSFERABLE. WHAT ELSE DO Y'ALL THINK? DO WE LIKE THOSE LAST THREE? OR AM I ALONE ON THAT? OR, I LIKE THE LAST THREE. I MEAN, FINE MEAN IT NEEDS TO BE CLEAR THAT IT'S A RESTAURANT AND, AND THAT WE'RE NOT SETTING UP A BAR BY THE SCHOOL, THAT IT IS A RESTAURANT THAT HAPPENS TO SERVE. SO THAT'S THE LICENSE THAT FALLS INTO THE LICENSE. BUT I THINK IT'S THE, THE VISUAL ASPECTS OF THE PERCENTAGE THAT IS THE CONCERN WHERE YOU CAN HAVE A RESTAURANT OR A BAR THAT SERVES A LOT OF FOOD. MM-HMM. . MM-HMM. . BUT THERE'S, IT LOOKS LIKE A BAR. YEAH. AND COUNCIL MEMBER ROSS, I LIKE YOUR IDEA OF THE, THE FOOD LICENSE, HOWEVER Y'ALL PUT THAT. YEAH. SO MAYBE THAT'S, MAYBE THAT'S WHAT NEEDS TO BE IN OUR MOTION, IS THAT WHEN THIS COMES BACK, THE LANGUAGE IS VERY CLEAR. WHETHER IT'S THE 25% OR FOOD LICENSE, SQUARE FOOTAGE, WHATEVER, IT'S VERY CLEAR THIS IS A RESTAURANT. WELL, ACCORDING TO WHAT I HAVE HERE, THE FOOD AND FOOD AND BEVERAGE CERTIFICATE DOES REQUIRE THAT SELLING ALCOHOL CAN ONLY BE FOOD WHEN SOLD. WHEN FOOD IS SOLD, THEY HAVE TO BE SOLD TOGETHER. YOU CAN'T SELL ALCOHOL JUST ON ITS OWN OR CLOSE THE RESTAURANT EARLY AND LEAVE THE BAR OPEN LATER. AND YOU HAVE TO, UM, AND THEN YOU HAVE TO HAVE ORDER MULTIPLE THINGS. OKAY. I MEAN, OR HAVE MULTIPLE THINGS. SO I THINK THAT ENCOMPASSES IT. THAT WOULD HAVE ALL OF IT. YEAH. BECAUSE THAT TAKES CARE OF EVERYTHING ABOUT YOUR SQUARE FOOTAGE OF THE BAR. AND TO ME TO EQUATE IT, IT SQUARED, LIKE PUT IT IN A GARAGE WITH EVERY APARTMENT, IT'S JUST AN ARBITRARY MM-HMM. SOMETHING TO CAUSE A RULE THAT DOESN'T MAKE ANY SENSE. OKAY. BUT I, BUT, UH, I MEAN THAT'S JUST MY OPINION, BUT I AGREE WITH THE OPINION. OKAY. , DO WE ALL AGREE WITH THAT? I, I'M FINE WITH IT. AND SO, DARA, WE DON'T HAVE TO TAKE AN ACTION, WE CAN JUST GIVE THIS AS DIRECTION. OKAY. YEAH. MS. GRIFFIN, DO YOU FEEL LIKE YOU HAVE WHAT YOU NEED? KIND OF COME BACK UP, COME BACK UP. CLEAR. SO WE'RE DOING HOURS OF OPERATION SIGNAGE AND NO DEFINITION OF BAR AREA. SO REQUIREMENT BEVERAGE OF FOOD, AND IF THE FOOD LICENSE TAKES CARE OF THOSE ISSUES OF THE HOURS OF OPERATION, THE HOURS OF OPERATION, AND THE, UM, LIMIT ON THE BAR, YOU KNOW, MAKING IT CLEAR THAT IT'S A RESTAURANT THAT JUST ALSO HAS ALCOHOL, THEN I THINK WE'RE GOOD WITH NOT HAVING THOSE. OKAY. IS, AM I UNDERSTANDING CORRECTLY, COUNSEL? WELL, JUST A QUESTION. WELL, BUT THE, IT'S THE DOLLAR AMOUNT, NOT SQUARE FOOTAGE WITH THAT IS THE LICENSE THE CABC FOOD OR THE FOOD AND BEVERAGE LICENSE? AM I SAYING THAT RIGHT? I THINK THAT'S MISS WHAT'S MISSING? THE MISSING PIECE THAT WE DON'T HAVE IS THAT INFORMATION. YEAH. YOU'RE LOOKING AT IT ONLINE RIGHT NOW. YES. NOT ONLINE. I'M SORRY, . NO, I WAS JUST GONNA SAY THAT, I MEAN, I'VE BEEN TO SOME BARS WHERE YOU WANNA ORDER A DRINK AND THEY'RE LIKE, YOU HAVE TO BUY CHIPS. AND I KNOW YOU GUYS, YOU GUYS ARE SAYING IT WOULDN'T BE LIKE THAT, BUT I THINK WE NEED TO BE [01:05:01] SPECIFIC ABOUT WHAT CONS, WHAT CONSTITUTES FOOD AND BEVERAGE. THAT'S THE LICENSE. YEAH. OKAY. THAT IT'S A RESTAURANT THAT COOKS FOOD WITH THE KITCHEN. WITH THE KITCHEN. MM-HMM. CANAL CHIPS. NO, THAT'S WHAT THEY'RE SAYING THEY CAN'T DO. HOW ABOUT THIS? YOU ARE PROFESSIONALS IN THIS INDUSTRY, SO TELL US WHY. I'M NOT A TBC ATTORNEY, BUT I'M GONNA GIVE YOU MY INTERPRETATION OF THE FOOD AND BEVERAGE CERTIFICATE CAN EITHER BE OBTAINED WITH A COMMERCIAL KITCHEN OR IF IT'S LESS THAN 60% ALCOHOL. SO, AND ALL OF THESE, THESE ARE ALL RESTAURANTS THAT SERVE FOOD THERE WOULD BE, WOULD SERVE THAT PURPOSE, UM, WOULD BE ABLE TO GET A FOOD AND BEVERAGE CERTIFICATE. WE WOULDN'T HAVE, UM, PREDOMINANTLY ALCOHOL SALES FOR SURE. AND, UM, THERE'S SOME OTHER, UM, PIECES THAT, UH, INCLUDE ALWAYS, I THINK COUNCILMAN ROSS REPEATED THOSE, THAT THEY ALWAYS HAVE TO HAVE FOOD. THESE ARE FULL MENUS OF FOOD. UM, AND SO WHAT WAS THE 60% THAT YOU JUST CITED? I'M SORRY. UM, TO GET A FOOD AND BEVERAGE CERTIFICATE, YOU EITHER HAVE TO HAVE A COMMERCIAL KITCHEN AND SOME OTHER THINGS, UH, OR, UH, SELL LESS THAN 60% ALCOHOL. OKAY. 60% IS A HIGH PERCENTAGE. YEAH. SO I THINK I WOULD LIKE TO SEE THE, THE, EITHER THE 25% OR WE SAY IT'S, I DON'T KNOW. WE'VE GOTTA FIND A WAY TO DEFINE THAT. I THINK THAT WE'VE WORKED WITH THE APPLICANT AGREED ON A, A DEFINITION, UM, AND WE COULD PRESENT THAT. I WAS EMAILED, UH, BY THE CITY SECRETARY I THINK YESTERDAY, BUT WE WERE TOGETHER ON THAT ONE, SO, OKAY. THANK YOU. YEAH, AS LONG AS WE CAN DEFINE THAT SOMEHOW SO THAT IT'S CRYSTAL CLEAR, IT'S NOT GONNA BE A BAR. OKAY. SO NOW DO YOU KIND OF HAVE DIRECTION? OKAY. ALL RIGHT. I THINK WE'RE JUST ABOUT THERE. HAVE THE DEFINITION HERE IF YOU WANT ME TO READ IT THAT SURE. THEY GOT SENT OUT. SO BAR AREA IS THE AREA DEVOTED TO SERVING ALCOHOLIC BEVERAGES, AND WITHIN WHICH THE SERVICE OF FOOD IS ONLY INCIDENTAL TO THE CONSUMPTION OF SUCH BEVERAGES. THAT WAS LIKE THAT 25% DEFINITION THING. UM, AND IT SAYS, UH, BAR AREA WOULD INCLUDE THE PHYSICAL BAR WHERE ALCOHOLIC BOTTLES WERE KEPT AND SERVED TO PATRONS WHO ARE SITTING OR STANDING AT THE BAR. SO YOU COULD ORDER A DRINK AND GO SIT AT A TABLE. MM-HMM. LIKE THE LITTLE BAR TABLES. I, THAT IS WHAT, WHAT THEY WERE TRYING TO DO. BUT THAT'S ALL PART OF THAT 25%. WHAT I JUST, I JUST DON'T AGREE WITH IT. BUT, AND, AND I'LL, YOU KNOW, AS WE FURTHER REFINE WHAT STAFF SENT OVER, IF, IF WE ARE LOOKING AT DEFINING THIS BAR AREA, ONE, ONE WAY WE'VE LOOKED TO DEFINE IT, WHICH STAFF HAS NOT SEEN, UH, IS THE BAR AREA, IS THAT PORTION OF THE ESTABLISHMENT IN WHICH ALCOHOLIC BEVERAGES WILL BE STORED, PREPARED, DISPLAYED, AND SERVED OR DELIVERED TO SERVERS FOR SERVICE IN ACCORDANCE WITH THE TEXAS ALCOHOLIC BEVERAGE CODE. THE BAR AREA SHALL ONLY INCLUDE THAT AREA DEDICATED TO THE STORAGE, PREPARATION AND DISPLAY OF ALCOHOLIC BEVERAGES, EXCLUDING ANY BACK OF HOUSE STORAGE IN THE BAR OR COUNTER SPACE SURROUNDING SUCH AREA. THAT DEFINES IT PRETTY WELL. IT'S PRETTY DETAILED. . YEAH, I THINK THAT WORKS. WHAT DO Y'ALL THINK? YEAH, MS. GRIFFIN, DOES THAT WORK? OKAY. DO YOU NEED ANYTHING ELSE FROM US? OKAY. I THINK WE HAVE DIRECTION. THANK YOU ALL VERY MUCH. WE APPRECIATE YOU. ITEM 28, [28. Discuss and consider action on a Memorandum of Understanding by and between the City of Leander and Leander Foundation for a term of three (3) years to address accessibility improvements at City-owned park facilities for a term of three (3) years with the option of an additional renewal of two (2) years; and authorize the City Manager to execute any and all necessary documents.] DISCUSS, CONSIDER ACTION ON A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF LEANDER AND LEANDER FOUNDATION FOR A TERM OF THREE YEARS TO ADDRESS ACCESSIBILITY IMPROVEMENTS AT CITY OWNED PARK FACILITIES FOR A TERM OF THREE YEARS, WITH THE OPTION OF AN ADDITIONAL RENEWAL OF TWO YEARS, AND AUTHORIZE THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, PARKS AND RECREATION DIRECTOR CUMMINS. GOOD EVENING. GOOD EVENING, MAYOR COUNSEL, COMING TO YOU TONIGHT WITH, UH, REQUEST FOR, UM, DISCUSSION AND CONSIDERATION FOR, UH, APPROVAL OF THE MOU BETWEEN, UH, THE CITY AND THE LEANDER FOUNDATION. UM, I THINK YOU HAVE COPIES AND, UH, THE BACKGROUND INFORMATION, BUT I, I WANT TO REALLY FOCUS IN ON A COUPLE THINGS BEFORE I OPEN IT UP ALSO FOR QUESTION AND ANSWERS, AND THEN ALLOW, UH, SOME OTHERS TO COME UP AND SPEAK AS WELL. WHEN WE BEGAN THIS PROCESS A COUPLE OF YEARS AGO, THERE WAS TWO MAIN, TWO MAIN OVERARCHING GOALS THAT WE WANTED TO ACCOMPLISH. AND ONE IS THE VERY FIRST MAIN GOAL THAT WE TALKED ABOUT, AND WE TALKED ABOUT IN DEPTH, WAS, UM, BEING INCLUSIVE IN OUR PARKS AND HOW WE CAN BETTER BE INCLUSIVE, ESPECIALLY WITH THOSE WITH, UH, DISABILITIES OR IMPAIRMENTS. UM, WE DON'T WANNA EVER LOSE SIGHT OF THAT. THAT WAS OUR MAIN FOCUS IS HOW CAN WE, IS INCREASE THE INCLUSIVITY OF OUR PARKS, UH, WHETHER THAT BE THROUGH, UM, YOU KNOW, HELPING THOSE WITH, UH, SENSORY OR COGNITIVE OR VISION, UH, WHETHER IT BE PHYSICAL OR ORTHOPEDIC, UH, ISSUES, UH, EMOTIONAL, INTELLECTUAL, HOW CAN WE [01:10:01] BETTER ENHANCE THE EXPERIENCE IN OUR PARKS? AND SO THAT WAS ONE OF THE FIRST MAIN GOALS THAT WE, WE BEGAN TO DISCUSS, AND WE BEGAN TO ACTUALLY THINK THROUGH AND HOW CAN WE ACCOMPLISH THAT? AND NUMBER TWO, HOW CAN WE, UM, THEN ESTABLISH RELATIONSHIP WITH A A 5 0 1 C3 ORGANIZATION SUCH AS LEANER FOUNDATION TO ASSURE FUNDRAISING, UH, AND INSTALLING THOSE ITEMS TO ASSIST THOSE, UH, THAT WE JUST MENTIONED IN GOAL NUMBER ONE. UM, SO THIS IS THE INITIAL MMOU. UM, IT'S A, IT'S SORT OF THE FIRST STEP. WE'RE DIPPING OUR TOE INTO THE, THE WATER, NOT FULL IMMERSION. UH, IT GETS US INTO THAT, THAT REALM OF UNDERSTANDING, UH, ONE ANOTHER AND DEVELOPING, UH, DEVELOPING THAT TRUST AND DEVELOPING THAT, THOSE PRIORITIES WITHIN, UH, THIS MOU. SO I, I WANTED TO SHARE THAT TO BEGIN WITH. AND, UH, TWO SPEAKERS ARE HERE TONIGHT. MS. UH, ANNETTE SPON SELLER, MS. CARLA BODEN, UH, ARE, ARE, ARE HERE TO ALSO SHARE PERHAPS THEIR VISION OR EXPOUND UPON THEIR VISION AND MISSION, UH, AS WELL AS OPERATIONS. SO I'LL TURN IT OVER TO THEM FOR JUST A, A FEW MINUTES. THANK YOU. GOOD, GOOD EVENING, LADIES. GOOD EVENING. HI, I'M CARLA BODEN, MINI MOUSE. HI, I'M CARLA BODEN. UM, A YEAR TO TELL THE STORY HOW THIS ALL CAME BACK A YEAR AGO, I WAS AT LAKEWOOD PARK WITH MY OLDEST DAUGHTER WHO DOES HAVE SPECIAL NEEDS. AND WE WERE REMINISCING ABOUT, IT WAS THE YEAR OF HER MAKE-A-WISH ANNIVERSARY WHERE WE GOT TO GO AND BE BLESSED TO STAY IN A PLACE CALLED GIVE THE KIDS THE WORLD FOR FIVE DAYS. THE GIRLS AND MY HUSBAND, MY EX-HUSBAND AND MYSELF WERE A TRUE FAMILY. THERE WAS NO, YOU'RE ON THIS SIDE OF THE PARK. I'M ON THIS SIDE OF THE PARK. THERE WAS NO SEPARATION. THEY, WE WERE A FAMILY AMONG OTHER FAMILIES. SO FOR FIVE DAYS WE WERE QUOTE TYPICAL. AND AT THAT TIME I'M LIKE, DO YOU REMEMBER? DO YOU REMEMBER? AND THEN ALL OF A SUDDEN, HERE COMES A GROUP OF MOMS THAT WERE HA OBVIOUSLY HAVING A PLAY DATE. AND AT THAT POINT, ONE MOM SEPARATED AND CAME NEXT TO ME AT THE HANDICAP WING, AND HER OTHER TWO CHILDREN WENT OFF WITH THE OTHER MOMS AND THE OTHER FAMILY. AND THE LOOK OF SADNESS AND THE SEPARATION AND THE LONELINESS CAME BACK AGAIN. AND I STARTED THINKING TO MYSELF, LEANDER HAS 14% OF THEIR ISD KIDS WITH SOME SORT OF SPECIAL NEEDS. AND TO ME, AT THIS POINT IN TIME, AND WITH THIS DISTRICT THAT WE HAVE AND THE WEALTH THAT WE HAVE, NO FAMILY SHOULD BE SEPARATED. NO FAMILY SHOULD FEEL THAT YOU'RE LOOKING ON THE OUTSIDE LOOKING IN AND WISHING EVERYBODY SHOULD BE INCLUDED AND BE ABLE TO BE A FAMILY AT ANY PARK AT ANY GIVEN TIME. AND SO, ME BEING THE SASSY SOUTHEAST TEXAS PERSON THAT I AM, GOTTA BE IN MY BONNET. I MET WITH ANNETTE FROM THE LEANDER FOUNDATION. I SAID, CAN YOU PLEASE HELP ME? THIS IS MY VISION. THIS IS MY DREAM. CAN YOU PLEASE HELP ME MAKE THIS COME TRUE? AND SHE SAID SHE COULD . SO THIS IS HOW IT CAME ABOUT. WELL, I SAID I WOULD TRY, I SAID I WOULD TRY . UM, BUT FROM THERE, UM, CARLA AND I WENT TO ALL OF THE CITY PARKS. UM, WE VISITED THEM AND LOOKED AT THEM FROM A, A DIFFERENT LENS, UM, UH, FROM AN ATYPICAL, UH, CITIZEN FROM OUR, UM, COMMUNITY, WHETHER THEY WERE ELDERLY OR, OR YOUNG, REGARDLESS OF, OF THEIR AGE AND THEIR ABILITY. UM, AND WE CAME UP WITH THE, THE, THE LIST YOU HAVE BEFORE YOU, UM, WHICH IS, WHICH IS TO UPGRADE THE CURRENT PARKS. UM, WE WORKED WITH LEANDER, ISD, THE DIRECTOR OF SPECIAL EDUCATION. UM, REGARDING THOSE, UM, NONVERBAL COMMUNICATION BOARDS, WE WANNA MAKE SURE THAT THE, WHAT WHAT THEY'RE LEARNING IN THE SCHOOL IS REFLECTED IN THEIR NEIGHBORHOOD SO THAT THE NONVERBAL COMMUNICATION BOARDS THAT THEY'RE GONNA BE USING AT THE SCHOOLS ARE THE SAME ONES THAT WE WANNA PUT IN THE PARKS SO THAT THEY HAVE THAT CONTINUATION FROM THEIR SCHOOL INTO THEIR COMMUNITY. UM, ACTUALLY HER PROJECT WAS, UH, OVER A MILLION DOLLARS, WHAT SHE REALLY FIRST WANTED, AND IT WAS A HUGE AND BEAUTIFUL PARK. AND IT IS, AND OUR GOAL IS TO COMPLETE THIS MOU, UM, AND GET THOSE PARKS, UM, UPGRADED AND, AND MORE ACCESSIBLE FOR OUR RESIDENTS. AND THEN WE DO HAVE A VISION, UM, FOR A, A REALLY MULTI-GENERATIONAL, MULTI ABLED, ALL ABLED PARK THAT WE WOULD LOVE TO, TO BUILD IN LEANDER. IT INCLUDES A TOT LOT, SOMETHING LEANDER CURRENT DOESN'T, LE DOESN'T HAVE. UM, IT HAS, IT HAS EVERY BELL AND WHISTLE FOR EVERY FAMILY IN LEANDER TO PLAY TOGETHER, REGARDLESS OF AGE OR ABILITY. UM, SO THAT'S KIND OF OUR GOAL. AND THIS IS THE FIRST STEP. UM, AND I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE ABOUT IT. [01:15:01] THANK YOU. COUNSEL. WHAT'S A TOP LOT? HUH? WHAT'S A TOP LOT? SO A TOP LOT IS A PARK FOR THOSE FIVE AND UNDER. SO CURRENTLY MOST OF OUR PARKS CAN'T REALLY ACCOMMODATE A A FIVE-YEAR-OLD OR UNDER. THEY'RE TOO ADVANCED. I WAS JUST GONNA SAY THANK YOU FOR SHARING YOUR STORY. THAT WAS BEAUTIFUL. AND SORRY YOU HAD TO ENDURE THAT. UM, IN THE PARKS, YOU WOULD WANT EVERYBODY TO PLAY TOGETHER. I GUESS MY QUESTION IS ABOUT HAVE YOU, YOUR GROUP DONE THIS SOMEWHERE ELSE? LIKE WHAT'S YOUR SUCCESS BEHIND IT? HAVE YOU IMPLEMENTED THIS SOMEWHERE ELSE THAT WE CAN LOOK TO AS A GUIDE OF HOW IT GETS DONE, WHAT THE TIMELINE LOOKS LIKE AND ALL OF THAT? DO YOU MEAN, UH, SPECIFICALLY OR SPECIFICALLY? NO. I HAVE BEEN IN CONTACT WITH, UM, PARKS, THE AUSTIN PARKS FOUNDATION IN AUSTIN, TEXAS. THAT HAS BEEN, WHAT THEY HAVE DONE IS THEY'VE GONE INTO CERTAIN PARKS IN THE CITY OF AUSTIN AND GIVEN DIFFERENT PIECES OF EQUIPMENT THAT, THAT THE CITY HAS ASKED THAT THE THOUGHT THEY NEEDED. AND ALSO AT THE POINT, AT THIS POINT NOW THEY HAVE ENOUGH BACKERS THAT THEY'RE BUILDING AN ALL INCLUSIVE, WELL THEY CALL IT ALL ABILITIES PARK IN ONION CREEK. I'VE ALSO TALKED TO SOMEBODY IT WILL AN HOA IN SAN ANTONIO. AND THEY HAVE WORKED WITH THE DEVELOPERS AND THE CITY COUNCIL OF SAN ANTONIO TO PUT THIS ONE PARK IN. IT'S ALONG WITH THE SOCCER FIELD AS WELL, TO WHERE MORGAN CITY'S ON ONE SOUTH SIDE OF SAN ANTONIO. AND THIS ALL ABILITIES, ALL INCLUSIVE PARK WILL BE ON THE NORTH SIDE. SO THEY'RE MY MENTORS, MY GO-TO PEOPLE HOW TO MY HOW TO MY COOKBOOK. HOW ABOUT THAT? MY COOKBOOK OF HOW TO DO THIS. NICE. ANYBODY ELSE? WELL, I THINK IT'S LOVELY. I THINK IT'S WONDERFUL. UM, I'M VERY IMPRESSED WITH, UM, WITH HOW THOUGHTFUL THE MOU IS. MY ONLY POINT IN HERE THAT I WOULD LIKE TO SEE CHANGED IS ON PAGE TWO, ITEM SIX, THE CITY AGREES TO ALLOW THE FOUNDATION TO PROMOTE THE ACCESSIBILITY IMPROVEMENTS PROJECTS EXPRESSLY, EXPRESSLY STATED IN THIS MOU IN FOUNDATION MARKETING MATERIALS AND RELATED ACTIVITIES. HOWEVER, THE FOUNDATION MUST USE PRE-APPROVED CITY BRANDING IF PROMOTING PARTNERSHIP WITH THE CITY AND MESSAGING OR SIGNAGE USED FOR SUCH PURPOSES MUST, MUST NOT CONFLICT WITH OTHER CITY RULES AND REGULATIONS. I WOULD LIKE TO SEE, UM, THE LANGUAGE ON THAT TIGHTENED UP. UM, I THINK WHAT WE'RE GETTING AT THERE IS THAT CITY STAFF HAS TO APPROVE ANYTHING THAT HAS OUR LOGO OR OUR BRAND ON IT. WE TRY TO BE PROTECTIVE OF THAT TO MAKE SURE EVERYTHING IS CRYSTAL CLEAR. UM, AND SO WE CAN PROBABLY DO THAT IN A MOTION OR THAT IS HOW IT, IT READS, ISN'T IT? NO, IT JUST SAYS PRE-APPROVED, UM, BRANDING, WHICH REALLY IS OUR LOGO. RIGHT. THAT'S OPEN TO INTERPRETATION SOMEWHAT. OH. SO WHEN WE DISCUSSED IT, THAT'S NOT WHAT WE DISCUSSED. WE DISCUSSED PRE-APPROVAL. OKAY. LIKE ACTUAL, LIKE, HEY, THIS FACEBOOK POST OR THIS DA DA DA. THAT WOULD BE PERFECT. YEAH. SO AS LONG AS WE CAN JUST GET NUMBER SIX TO SAY THAT. OKAY. I THINK THAT'S WHAT I'D LIKE TO SEE. I WOULD PREFER A AMENDMENT AMENDMENT RIGHT NOW WE COULD. OKAY. LET'S SEE IF ANYBODY ELSE HAS ANYTHING AND THEN I CAN MAKE THE MOTION FOR IT. I DON'T HAVE ANYTHING TO ADD, BUT I DID HAVE A QUESTION. UM, IS THERE A, DO Y'ALL HAVE A PLAN IN PLACE? 'CAUSE I MEAN THIS OBVIOUSLY MOU SAYS THAT Y'ALL ARE GOING TO DO THIS FUNDRAISING, BUT IS THERE A, A BUSINESS PLAN OR IS THERE A, A PLAN OF ACTION ON HOW Y'ALL PLAN YES. WHAT THE NEXT YEAR'S GONNA LOOK LIKE? YES. YES. WE HAVE LOTS OF PLANS. UM, WE CAN'T REALLY, WE DIDN'T WANNA PUBLICIZE ANY OF THOSE PLANS UNTIL THIS MOU IS IN PLACE BECAUSE WE DON'T WANNA SAY WE'RE GONNA BE FUNDRAISING FOR SOMETHING THAT WE DIDN'T KNOW WOULD ACTUALLY COME TRUE. PLUS WE WILL HAVE TO GO THROUGH THE BRANDING PROCESS. SO WE REALLY DIDN'T WANT TO, UM, LIKE PROMOTE ANYTHING UNTIL WE HAVE THIS, UM, WE'RE ALSO EXPLORING SOME GRANT OPPORTUNITIES TOO. SO, YOU KNOW, ALL OF THAT. UM, WE'RE, WE'RE, WE'RE DIVERSIFYING OUR FUNDRAISING. WE'RE NOT JUST DOING LIKE AN EVENT OR INDIVIDUAL DONORS. WE'RE REALLY DIVERSIFYING IT TO MAXIMIZE, UM, THE AMOUNT OF FUNDS. BECAUSE LIKE WE SAID, ONCE WE DO THIS ONE WE WANT TO COME BACK WITH AN EVEN BIGGER ONE. SO . OKAY. I JUST WANNA SAY I REALLY LIKE THE IDEA. UM, CARLA KNOWS THAT MY SISTER IS SPECIAL NEEDS AND SO I GREW UP IN A INCLUSIVE FAMILY AROUND THAT. AND I ALSO LOVE MORGAN S WONDERLAND 'CAUSE I SPENT A LOT OF TIME IN SAN ANTONIO AND MY PARENTS KNOW THEIR OWNER, SO IF YOU WANNA CHAT WITH THEM, I'D LOVE TO CHAT WITH THEM. , BUT DEFINITELY LIKE THE IDEA. COULD I ASK YOU A QUESTION FOR MARK? YEAH. I WAS JUST GONNA ASK, IS IT TYPICAL OR STANDARD TO HAVE CONFLICT OF INTEREST OR TO HAVE PERFORMANCE STANDARDS LISTED IN YOUR MOU THAT Y'ALL HAVE DONE BEFORE? UM, WE HAVE NOT, UH, LISTED CONFLICT OF INTEREST IN IN THAT. AND I, I THINK WE'VE, UM, WE WORKED WITH, UM, [01:20:01] MS. CRABTREE AND, AND SOME OTHERS, UM, KNOWING THAT, YOU KNOW, IF, IF A FOUNDATION MEMBER, FOR EXAMPLE, WANTED TO TO RUN FOR OFFICE OR SIT ON A A BOARD LIKE THE PART BOARD, THEY WOULD HAVE TO GO THROUGH THOSE, UH, THOSE PROCESSES AND CONFLICT OF INTEREST STATEMENTS AND THEN RE RECUSE THEMSELVES FROM VOTING AND THOSE TYPE OF THINGS. AND FIRST OF ALL, THEY HAVE TO EVEN BE APPOINTED BY, BY MS. BO. SO ARE THERE PERFORMANCE STANDARDS THOUGH? DO WE NORMALLY INCLUDE, I DON'T KNOW IF WE'VE DONE, UH, MOUS BEFORE IN PARTS WE HAVE, YEAH, WE HAVE ONE MOU NOW WITH, WITH THE HILL COUNTRY HEISS. OKAY, GOTCHA. UH, WE STARTED VERY, UH, WITH A VERY SMALL, VERY PRECISE MOU IN 2000 AND AND 22. OKAY. AND, AND THEN WE JUST CAME BACK EARLY THIS YEAR WITH MORE, A LITTLE BIT MORE ROBUST. OKAY. SO YES, PERFORMANCE STANDARDS ARE A PART OF THAT, UM, AND MAKING SURE THAT WE CHECK THE BOXES. GOTCHA. AND DO WE HAVE THAT IN HERE? YOU'RE COMFORTABLE THAT WE HAVE PERFORMANCE STANDARDS IN THIS MOUI DO. OKAY. BECAUSE EACH, EACH ITEM IS LISTED MM-HMM. IN THERE OF, IT'S REALLY GOING DOWN THE LIST AND CHECKING THE BOX. OKAY, THANK YOU. NO, THANK YOU. SO I JUST HAVE ONE THING AND I, I DON'T KNOW IF THIS IS PROBABLY NOT THE, THE STAGE TO DO THIS, BUT I WOULD BE PREPARED FOR, LIKE IF YOU'RE FUNDRAISING AND SOMEBODY WANTS TO KNOW, WELL, HOW MUCH, IF I DONATE, HOW MUCH GOES TO THAT THAT YOU'RE DONATING TO, UM, THAT WE WOULD HAVE ACCESS OR THE PUBLIC WOULD HAVE ACCESS TO, YOU KNOW, WHATEVER FINANCIALS, UH, JUST TO SHOW WHETHER IT'S 80% OR A HUNDRED PERCENT OR JUST WHERE THAT GOES. THAT WOULD BE A QUESTION THAT I WOULD BE PREPARED FOR. UM, DO, GO AHEAD. BECAUSE I, WE FOLLOW ALL 5 0 1 C3 FINANCIAL GUIDELINES REGARDING FUNDRAISING AND, AND, AND OUR FINANCIALS. OKAY. SO THAT WOULD BE AVAILABLE IF PEOPLE, SOMEBODY ASKED FOR IT. YES. WHATEVER'S PUBLICLY AVAILABLE. WE WOULD MAKE PUBLIC TO YOU IF YOU WANTED TO. YES. BUT, BUT I JUST WANNA ASSURE ANYONE WHO, WHO IS WORRIED, WE ARE NOT PAID, WE ARE NOT GETTING PAID. WE MAKE NO SALARY OR STIPEND FROM THIS WHATSOEVER. WE DON'T PLAN TO MAKE A SALARY OR STIPEND FROM THIS. IT IS 100% VOLUNTEER. WE DON'T GET PAID AS BOARD MEMBERS. THIS IS JUST A LABOR OF LOVE BETWEEN TWO FRIENDS TO MAKE OUR COMMUNITY BETTER. SO WE COULD DO THIS WHEN WE'RE, WHEN WE'RE DONE HERE, WE COULD GO AND DO THAT TOO. IT WOULD BE A LATERAL MOVE. . UH, ONE OTHER QUESTION. AND, AND THIS IS JUST, UM, IT IS NOT REALLY A QUESTION. I JUST, I WANNA, I WANNA KNOW IF IT SAYS IF THIS PARTNERSHIP PROVES TO BE MUTUALLY BENEFICIAL FOR THE FOUNDATION AND THE CITY, HOW WOULD IT BE MUTUALLY BENEFICIAL? WHAT WOULD, WHAT WOULD THAT LOOK LIKE? HOW WOULD YOU DETERMINE THAT IT IS BENEFICIAL FOR THE FOUNDATION BY BOTH PARTIES UPHOLDING THE CONTRACT. OKAY. AND THAT'S THAT SIMPLE. SO IF WE CAN RAISE THE FUNDS AND, AND, AND DO OUR PART AND THE CITY CAN DO THEIR PART, THEN TO ME LOOKS GOOD. THAT'S A MUTUAL BENEFICIAL RELATIONSHIP. YEAH. EVERYBODY LOOKS GOOD? YES. OKAY. PERFECT. MR. TIMMONS, ANY OTHER? THANK YOU, MR. TIMMINS. ANY OTHER CONCERNS? MAY IT'S WORDSMITHING, SO I, OKAY. ANY, ANY CONCERNS ON THE MOE YOU? YEP. NO, I DON'T, I DON'T HAVE ANY CONCERNS. UH, OUR PART BOARD ALSO VETTED IT ON APRIL 9TH, SO I THINK THEY'RE, THEY'RE FINE WITH THAT. SO, UH, THEY AGREED AND APPROVED ME UNANIMOUSLY AS WELL. SO, UM, NO THANKS. TAKE IT A STEP AT A TIME. AND IT'S, UH, PUBLIC-PRIVATE PARTNERSHIPS AND WE'VE BEEN TRYING TO WORK TOWARDS THOSE. SO I'M, I'M, I'M, I'M HAPPY WHERE WE'RE HEADING. UM, LET ME, LET ME MENTION THIS REAL QUICK. COUNSEL, OF COURSE, MEMORANDUMS OF UNDERSTANDING TYPICALLY DON'T COME TO COUNCIL FOR APPROVAL. THEY ARE DONE AT THE STAFF LEVEL. THIS MOU LIKE MANY DON'T, DOESN'T NECESSARILY BIND THE CITY TO ANY FINANCIAL OBLIGATION, NOR DOES IT BIND FROM THE UNDER FOUNDATION TO ANY OBLIGATION. IT IS SIMPLY, SIMPLY ESTABLISHES THAT THERE ARE MUTUAL GOALS BETWEEN THE TWO ORGANIZATIONS AND THAT WE'RE WORKING TOWARD, UH, THE SAME EFFORT. SOME OF THE DETAILS, UM, THERE WE DID DEFINE SOME VERY SPECIFIC THINGS TO KIND OF CREATE SOME PARAMETERS FOR WHAT THESE GOALS ARE. AND THE FOUNDATION MENTIONED TO YOU THAT THEY HAVE A LARGER GOAL, LARGER VISION, POTENTIALLY FOR A PLAY FOR ALL PLAYGROUND. SOMETHING OBVIOUSLY MUCH MORE EXPENSIVE WOULD INVOLVE MUCH MORE RESOURCES. UH, ON THE CITY'S PART. IF WE CAME TO A, A, A POINT IN TIME WHERE THAT BECAME SOMETHING THAT WAS A MUTUAL GOAL, WE WOULD ESTABLISH SOMETHING MORE FORMAL LIKE AN IN A LOCAL AGREEMENT. THERE'D BE SPECIFIC FUNDING AMOUNTS, THERE'D BE PARAMETERS MORE REFINED AND MORE TYPICAL OF A, OF A CONTRACT. THIS IS SIMPLE. THIS MOU SIMPLY ESTABLISHES THAT WE HAVE MUTUAL GOALS. AND I'LL READ, UM, A PROPOSED AMENDMENT TO ITEM SIX AT THE COUNCIL'S REQUEST. IT CAN READ, UM, THE CITY AGREES TO ALLOW THE FOUNDATION TO PROMOTE THE ACCESSIBILITY IMPROVEMENT PROJECTS THAT MUST BE APPROVED BY THE CITY. I'M SORRY, THE CITY AGREES TO ALLOW THE FOUNDATION TO PROMOTE THE ACCESSIBILITY IMPROVEMENT PROJECTS EXPRESSLY STATED IN THIS MOU AND FOUNDATION MARKETING MATERIALS AND RELATED ACTIVITIES THAT MUST BE APPROVED BY THE CITY AND MESSAGING OR SIGNAGE USED FOR SUCH PURPOSES MUST NOT CONFLICT WITH OTHER CITY RULES AND REGULATIONS. I THINK THAT WORKS. PAIGE, DOES THAT WORK? OKAY. THANK [01:25:01] YOU. THANK YOU VERY MUCH. YES. ANYTHING ELSE? OKAY WITH THAT, I WILL MOTION TO APPROVE WITH THE CHANGE IN WORDING AS PRESENTED BY MR. NEW I SECOND. ANY A MOTION A SECOND? ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR PASSES UNANIMOUSLY. THANK YOU SO MUCH. ALL RIGHT. ITEM 29, COUNCIL MEMBER FUTURE AGENDA ITEMS. ANY DELIBERATION OF OR DECISION ABOUT THE SUBJECT OF THE INQUIRY SHALL BE LIMITED TO A PROPOSAL TO PLACE THE SUBJECT ON THE AGENDA FOR A SUBSEQUENT MEETING. COUNCIL, ANYBODY HAVE ANYTHING? ALL RIGHT. [30. Council Member Closing Statements.] EVERYONE'S FAVORITE OF THE NIGHT. ITEM 30, COUNCIL MEMBER CLOSING COMMENTS, PLACE ONE. SO GOLF TOURNAMENT MONDAY. THAT WAS A FUN DAY AND, UH, AS USUAL, WE HAD THE BEST WEATHER, NOT FOR SUNDAY, NOT NECESSARILY TUESDAY, BUT IT WAS GOOD FOR MONDAY. AND OUR NEW CITY MANAGER, UH, GOT INTRODUCED TO A WONDERFUL GOLF COURSE, CRYSTAL FALLS GOLF COURSE WITH NO SAND TRAPS. I DON'T KNOW THAT HE WAS PREPARED FOR THAT, BUT IT WAS, IT WAS A LOT OF FUN. AND, UH, TWO CITY TEAMS REPRESENTED THE CITY AND NEITHER OF US WON ANYTHING. . UH, TODAY WE ISSUED, UH, THIS MORNING, UH, WE ISSUED A PROCLAMATION FOR NATIONAL DAY OF PRAYER AND WE HELD THAT AT THE POLICE DEPARTMENT. UH, IT WAS, UH, AGAIN, PERFECT WEATHER UNDERNEATH THE OVERHANG AND THE AWNING. IT WAS NOT PERFECT WEATHER OUTSIDE OF THAT, BUT IT WAS A BLESSING, JUST THE SAME. IT'S ONE OF THE FEW THINGS THAT I ENJOY GETTING UP EARLY TO DO. SO I KNOW SEVERAL FACES OUT THERE. Y'ALL WERE THERE TOO. AND IT'S ALWAYS GOOD TO, ALWAYS GOOD TO BE THERE. SO THAT'S IT. THANK YOU. HAVE A GOOD NIGHT. PLEASE TOO. WE'RE GETTING CLOSE TO THE END OF SCHOOL, BEING OVER FOR THE YEAR, SO JUST DRIVE CAREFULLY, ESPECIALLY AROUND RAIDER WAY WHERE WE'VE BEEN HAVING DELAYED KIDS FOR THE ENTIRE SCHOOL YEAR JUST DUE TO CONSTRUCTION. SO STAY SAFE, HAVE A GOOD NIGHT, PLEASE THINK. GOODNIGHT. PLACE SIX. GOODNIGHT PLACE FIVE. HAVE A GREAT NIGHT. PLACE FOUR, DON'T FORGET, WE HAVE AN ELECTION GOING ON, SO IF YOU MISSED EARLY VOTING, YOU CAN STILL GO AND VOTE ON SATURDAY. SO MAKE SURE YOU GET OUT AND EXERCISE YOUR RIGHT. AND FINALLY, UM, SOME PROCLAMATIONS WERE ISSUED OUTSIDE OF COUNCIL. WE ISSUED PROCLAMATIONS FOR MOTORCYCLE SAFETY AND AWARENESS. FALLON DAY AND NATIONAL DAY OF PRAYER. TONIGHT WE PICKED UP DINNER FROM GOLDEN CHICK BECAUSE WE ARE ALWAYS TRYING TO SHOP LOCAL AND WE HOPE THAT YOU WILL AS WELL. SO WHEN YOU'RE OUT AND ABOUT THIS NEXT WEEK, THINKING ABOUT WHERE TO SHOP, WHERE TO GRAB DINNER, PLEASE PICK LEANDER FIRST. EVERYTHING THAT YOU DO IN OUR CITY HELPS OUR LOCAL ECONOMY AND A LOT OF THAT MONEY STAYS CIRCULATING AROUND HERE AND HELPS PAY FOR ALL OF THE WONDERFUL PROGRAMS THAT WE'VE TALKED ABOUT TONIGHT. AND, UH, LASTLY THIS SATURDAY, THERE ARE SOME OTHER THINGS GOING ON IN THE CITY AS WELL. UM, WE LOVE THE RAIN. WE HOPE FOR LOTS OF RAIN TODAY, TOMORROW, SUNDAY, MONDAY, AND ALL THE OTHER DAYS. BUT THIS SATURDAY THE PARKS DEPARTMENT IS HOSTING THE KITE FESTIVAL FOR THE UMPTEENTH YEAR. IT'S GONNA BE FANTASTIC OUT AT DIVINE LAKE PARK. AND WHEN YOU HAVE SOME TIME AFTER THE KITE FESTIVAL SWING BY HONDA LEANDER, THEY ARE DOING A FUNDRAISER CARNIVAL FOR BATES MISSION. THERE'S A CAR SHOW, ALL KINDS OF CARNIVAL THINGS, SO LOTS OF FAMILY FUN THIS WEEKEND IN LEANDER. AND WITH THAT ITEM NUMBER 31 COUNCIL IS ADJOURNED AT 8:29 PM EVERYBODY HAVE A GOOD EVENING. DRIVE SAFE. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.