[1. Open Meeting.] [00:00:08] AUGUST 21ST, 2025 AND THE TIME IS 6:01 P.M. AND THIS IS THE BRIEFING WORKSHOP OF THE LEANDER CITY COUNCIL. CITY SECRETARY CRABTREE, WILL YOU PLEASE CALL ROLL? COUNCIL MEMBER PRESENT. HERE. COUNCIL MEMBER HERE. PRESENT. COUNCILMEMBER BECKY. HERE. MAYOR. HERE. QUORUM IS PRESENT. COUNCIL IS ELIGIBLE TO DO BUSINESS. MOVING INTO ITEM [3. Convene into Executive Session pursuant to:Section 551.071, Texas Government Code, and Section 1.05 Texas Disciplinary Rules of Professional Conduct to consult with legal counsel regarding acquisition of property for public purpose; Section 551.071, Texas Government Code, and Section 1.05 Texas Disciplinary Rules of Professional Conduct to consult with legal counsel regarding Docket No. 57824, Petition of Hero Way Development, LLC to Amend Certificates of Convenience and Necessity in Travis and Williamson Counties by Streamlined Expedited Release with the Public Utilities Commission; and Section 551.087, Texas Government Code, deliberate the purchase, exchange, lease, or value of real property and deliberate proposed economic development incentives for one or more business prospects that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body is conducting economic development negotiations along with consideration and possible action on a Chapter 380 Agreement for Project EDA-25-007; andSection 551.071 and 551.074, Texas Government Code, and Section 1.05 Texas Disciplinary Rules of Professional Conduct to consult with legal counsel regarding the Second Amendment to the City Manager Employment Agreement. ] NUMBER THREE, WE'RE GOING TO CONVENE INTO EXECUTIVE SESSION PURSUANT TO. HOLD ON TIGHT, SECTION 551 .071 TEXAS GOVERNMENT CODE AND SECTION 1.05 TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT, TO CONSULT WITH LEGAL COUNSEL REGARDING ACQUISITION OF PROPERTY FOR PUBLIC PURPOSE. AND NUMBER TWO, SECTION 551 .071 TEXAS GOVERNMENT CODE AND SECTION 1.05 TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT TO CONSULT WITH LEGAL COUNSEL REGARDING DOCKET NUMBER 57824. PETITION OF HEREAWAY DEVELOPMENT, LLC TO AMEND CERTIFICATES OF CONVENIENCE AND NECESSITY IN TRAVIS AND WILLIAMSON COUNTIES BY STREAMLINED, EXPEDITED RELEASE WITH THE PUBLIC UTILITIES COMMISSION AND NUMBER THREE, SECTION FIVE, 51.087 TEXAS GOVERNMENT CODE TO DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY AND DELIBERATE PROPOSED ECONOMIC DEVELOPMENT INCENTIVES FOR ONE OR MORE BUSINESS PROSPECTS THAT THE GOVERNMENTAL BODY SEEKS TO HAVE, LOCATE, STAY, OR EXPAND IN OR NEAR THE TERRITORY OF THE GOVERNMENTAL BODY AND IS CONDUCTING ECONOMIC DEVELOPMENT NEGOTIATIONS, ALONG WITH CONSIDERATION AND POSSIBLE ACTION ON A CHAPTER 380 AGREEMENT FOR PROJECT EDA. DASH 25007 AND NUMBER FOUR, SECTION 55, 1.071 AND 551.074 TEXAS GOVERNMENT CODE AND SECTION 1.05 TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT, TO CONSULT WITH LEGAL COUNSEL REGARDING THE SECOND AMENDMENT TO THE CITY MANAGER EMPLOYMENT . [ Reconvene into open session to take action as deemed appropriate in the City Council's discretion regarding:Property for public purpose; andDocket No. 57824, Petition of Hero Way Development, LLC to Amend Certificates of Convenience and Necessity in Travis and Williamson Counties by Streamlined Expedited Release with the Public Utilities Commission; andChapter 380 Agreement for Project EDA-25-007; and Second Amendment to the City Manager Employment Agreement. ] WE ARE GOING TO RECONVENE INTO OPEN SESSION AT 6:56 P.M. COUNCIL WILL ADJOURN THE BRIEFING WORKSHOP. WE DID NOT FINISH. THANK YOU. WE ARE. WE DID NOT FINISH OUR DELIBERATIONS. IT'S A LONG NIGHT ALREADY. WE DID NOT FINISH OUR DELIBERATIONS. WE WILL REENTER EXECUTIVE SESSION AT THE END OF OUR MEETING. WITH THAT, WE ARE GOING TO ADJOURN THE BRIEFING WORKSHOP AT 6:57 P.M. WE WILL START OUR MEETING IN TEN MINUTES. [4. Open Meeting, Invocation and Pledges of Allegiance.] ME FIRST 2025 AND THE TIME IS 7:07 P.M. AND THIS IS THE REGULAR MEETING OF THE LEANDER CITY COUNCIL TONIGHT. LEANDER FIRE AND POLICE CHAPLAIN JOE BOB ELLISON WILL BE PROVIDING OUR INVOCATION. AFTER THE INVOCATION, PLEASE REMAIN STANDING FOR THE PLEDGE OF ALLEGIANCE. GOOD EVENING, CHAPLAIN. THANK YOU, MAYOR CHRISTINE. SHALL WE PRAY? FATHER. FATHER, THANK YOU SO MUCH FOR THE OPPORTUNITY. WE HAVE TO BE HERE TO CELEBRATE OUR CITY GOVERNMENT AND ALSO THE OPPORTUNITY TO CONTINUE TO MOVE OUR CITY AHEAD. AND GREAT, NOT ONLY IN SAFETY, BUT ALSO OUR PUBLIC WORKS AND PARKS. GOD, I THANK YOU FOR CITY MANAGER BARTON, FOR HIS LEADERSHIP, FOR OUR CITY, AND OF COURSE, MAYOR CHRISTINE, MAYOR PRO TEM THOMPSON, COUNCILMAN CHANG, COUNCILMAN HERRERA. COUNCILMAN. MCDONALD. COUNCILMAN. NADINE COUNCILMAN, WOMAN. ROSS AND CITY MANAGER. CITY SECRETARY DARA CRABTREE. FATHER, I JUST PRAY. LORD, YOU CONTINUE JUST TO WRAP YOUR LOVING ARMS AROUND THEM. I'M THANKFUL FOR EACH OF OUR COUNCIL MEMBERS AND THEIR VOLUNTEER SERVICE TO OUR CITY. THE TIME, THE THOUSANDS OF HOURS THAT THEY INVEST THROUGHOUT THE YEAR. AND I PRAY, FATHER, YOU CONTINUE TO BE WITH THEIR FAMILY AND I JUST PRAY A SPIRIT OF ENCOURAGEMENT OVER THEM THAT THEY KNOW THAT THEY'RE LOVED AND THAT WE SEE THEM. WE SEE THEIR HARD WORK IN SPITE OF SOMETIMES THE NEGATIVE THAT COMES WITH THE JOB AND THE OPPORTUNITY. WE LOVE YOU, LORD. AMEN. AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. THE TEXAS FLAG I PLEDGE ALLEGIANCE TO THE TEXAS GOD. THANK YOU SO MUCH. IT WAS [5. Roll Call.] BEAUTIFUL AS ALWAYS. CITY SECRETARY CRABTREE, WHO IS THE REAL MANAGER OF ALL OF US. WILL YOU PLEASE CALL ROLL? COUNCILMEMBER STEVEN CHANG, PRESENT COUNCIL MEMBER MICHAEL HERRERA HERE. COUNCIL MEMBER DAVID MCDONNELL HERE. MAYOR PRO TEM NICOLE THOMPSON, PRESENT. COUNCIL MEMBER ANDREW NADINE. COUNCIL MEMBER BECKY ROSS HERE. MAYOR CHRISTINE DELLA HERE. QUORUM IS PRESENT. COUNCIL IS ELIGIBLE TO DO BUSINESS. ITEM NUMBER SIX IS NON AGENDA ITEM. [00:05:01] PUBLIC COMMENTS FOR ITEMS THAT ARE LISTED ON THE AGENDA, I WILL CALL ON SPEAKERS PRIOR TO THE DISCUSSION OF THAT AGENDA ITEM DURING THE PUBLIC HEARING. INDIVIDUALS THAT SUBMITTED COMMENTS VIA THE WEBSITE. THOSE COMMENTS HAVE BEEN SHARED WITH THE COUNCIL PRIOR TO OUR MEETING. THIS IS PUBLIC COMMENTS IS YOUR TIME TO TALK TO US, BUT IT IS IMPORTANT TO NOTE THAT IT IS NOT A TIME THAT WE CAN HAVE A BACK AND FORTH WITH THAT. I DON'T HAVE ANYBODY SIGNED UP TO SPEAK ABOUT ANYTHING THAT IS NOT LISTED ON THE AGENDA. IS THERE ANYBODY [7. Recognitions/Proclamations/Visitors.Lightning 12 Under Flag Football NFL National Championship Certificate of Recognition] WHO WISHES TO SPEAK? ALL RIGHT. ITEM NUMBER SEVEN RECOGNITIONS, PROCLAMATIONS AND VISITORS. WE HAVE SOME VERY SPECIAL VISITORS IN THE HOUSE THIS EVENING. COACH, WILL YOU PLEASE BRING YOUR TEAM UP? TONIGHT? WE ARE RECOGNIZING LEANDER LIGHTNING 12 AND UNDER FLAG FOOTBALL, NFL NATIONAL CHAMPIONSHIP WINNERS. RIGHT? COACH, DO YOU WANT TO TAKE THE MICROPHONE AND TELL US ABOUT THESE EXTRAORDINARY YOUNG PEOPLE? GOOD AFTERNOON EVERYONE. THANK YOU FIRST AND FOREMOST FOR HAVING US HERE THIS EVENING. HERE OUR REPRESENTED IS THE 12 U. LEANDER LIGHTNING, ALSO KNOWN AS THE LEANDER BILLS. IT'S A GROUP OF YOUNG PEOPLE THAT HAVE COME TOGETHER FOR LIKE THE LAST THREE AND A HALF YEARS AND PUT THEIR DIFFERENCES ASIDE TO ACHIEVE. ONE COMMON GOAL IS TO GROW WITHIN THIS SPACE. AND WE DID JUST THAT. WE KIND OF CAME TOGETHER IN A SITUATION WHERE THERE'S A LOT OF ALL STAR TEAMS BEING PUT TOGETHER, AND THESE ALL THESE INDIVIDUALS DUG IN, DUG DEEP DAY AFTER DAY, LISTENED TO THE COACHING AND AS WELL AS GREW INTO THE SPACE IN TERMS OF MATURING AS YOUNG PEOPLE AND BEING ABLE TO TAKE THAT, THE LESSONS THAT THEY LEARNED ON THE FIELD APPLY IT TO THEIR SCHOOLS, THEIR ACADEMICS, AS WELL AS TRYING TO BE HELPFUL AT HOME FOR THEIR PARENTS AS WELL. SO IT WAS VERY MUCH A TRUE FAMILY ORIENTED TYPE OF GROUP, AND I WANT TO THANK EVERYONE THAT'S INVOLVED, AS WELL AS THANK YOU ALL TODAY FOR INVITING US HERE AND HONORING OUR ACCOMPLISHMENT. ABSOLUTELY. AND THANK YOU ALL SO MUCH FOR REACHING OUT AND LETTING US KNOW ABOUT THIS AWESOME ACHIEVEMENT. WAY TO GO, KIDS. THANK YOU. SO AND EVERYBODY YOU CAN SEE THE PHOTO OF THEM RIGHT THERE. IS THAT RIGHT AFTER YOU WON? YES. THAT'S FANTASTIC. WE HAVE CERTIFICATES OF COMMENDATION FOR EACH OF YOU TONIGHT. SO THEY READ SOMETHING LIKE THIS. LET IT BE KNOWN THAT LEANDER LIGHTNING 12 YOU IS RECOGNIZED BY THE MAYOR AND CITY COUNCIL OF LEANDER, TEXAS FOR YOUR STELLAR PERFORMANCE AND TEAMWORK IN WINNING THE 2025 NFL FLAG NATIONAL CHAMPIONSHIPS AS A MEMBER OF THE LEANDER LIGHTNING 12 YOU FLAG FOOTBALL TEAM, YOUR DEDICATION AND PURSUIT OF EXCELLENCE HAVE INSPIRED YOUR COMMUNITY AND ATHLETES EVERYWHERE. WE APPLAUD YOU AND ALL PLAYERS, COACHES, FAMILIES AND EVERYONE INVOLVED IN THIS REMARKABLE JOURNEY. THIS CERTIFICATE IS ISSUED IN RECOGNITION THEREOF ON THIS DAY, AUGUST 21ST, 2025. HAVE ONE. YES, WE CAN CLAP. JACOB RAMOS. ALL RIGHT. HE'S HERE IN SPIRIT. TYLER. OH NO NO, NO, WE'LL JUST HAND IT DOWN. THAT'S FINE. WE'LL ALL COME DOWN AND JOIN YOU IN A MINUTE BECAUSE WE WANT YOU TO HAVE ANOTHER BIG CELEBRATION PHOTO WITH ALL OF COUNCIL MASON. THERE YOU GO, MASON. KINGSTON. LINCOLN. MARCELO. GAVIN. AND JUDE. ALL IN SPIRIT. AND THEN HERE'S ONE FOR THE TEAM. THANK YOU VERY MUCH. THANK YOU. LET'S HAVE A PHOTO. COME ON. HERE WE. READY? LOOK AT ME. GOOD. CONGRATULATIONS. [00:10:34] AND TIE. THOSE CELEBRATION PHOTOS WILL BE POSTED TO OUR SOCIAL MEDIA THIS WEEK. IS THAT RIGHT? TOMORROW. ALL RIGHT. SO WATCH FOR THOSE. AWESOME. THANK YOU ALL SO MUCH. [8. Staff ReportsWater Update including current water usage and lake levels.Capital Improvement Project Update: Senior Center (CIP P.6) including construction update and timeline for completion.] ITEM NUMBER EIGHT IS STAFF REPORTS. FIRST UP WE HAVE A WATER UPDATE INCLUDING CURRENT WATER USAGE AND LAKE LEVELS WITH EXECUTIVE DIRECTOR OF PUBLIC WORKS, MISS ALLISON. GOOD EVENING. GOOD EVENING. I HAD A REALLY HARD DECISION OF WHICH RIDICULOUS GRAPH TO START WITH FIRST. SO THE ONE THAT WON WAS OUR INFLOW GRAPH. YOU EXCUSE ME? HISTORICAL INFLOWS ARE SHOWN IN THE LIGHT BLUE. THE DROUGHT OF RECORD DARK BLUE. AND THEN THIS YEAR CURRENT IS IN THAT KIND OF MAGENTA COLOR. SO IF YOU REMEMBER FOR THE PAST I DON'T KNOW, FOUR YEARS IT FEELS LIKE WE'VE BEEN KIND OF HOVERING EVEN WAY BELOW THE DROUGHT OF RECORD. JULY SAW OVER SIX, SORRY, 760,000 ACRE FEET OF WATER INTO THE TWO LAKES. SO THAT'S ALMOST TEN, ACTUALLY MORE THAN TENFOLD OF WHAT WOULD BE TYPICALLY NORMAL FOR JULY. A CLOSE SECOND WAS THE COMBINED STORAGE. WE STARTED JULY AT ABOUT 51% COMBINED STORAGE. AND THEN BY AUGUST 1ST THE LAKES WERE AT 95%, WHICH IS PRETTY, PRETTY INCREDIBLE. WE'VE OBVIOUSLY RECEIVED A LOT OF QUESTIONS NOW THAT, YOU KNOW, NOW THAT THE LAKES ARE FULL, WHY ARE WE STILL IN ONCE A WEEK WATERING. SO IF YOU REMEMBER, OBVIOUSLY WE'RE WAITING TO HAVE LOTS OF EXPANSION PROJECTS. BSI, BCR EXPANSION AT THE TREATMENT PLANT AS WELL AS SOME OF OUR PUMP STATIONS, WATER LINES AND THOSE KIND OF INFRASTRUCTURE PROJECTS. SO BECAUSE OUR ISSUE ISN'T HOW MUCH WATER IS IN THE LAKE, IT'S HOW MUCH WE CAN TREAT AND TREAT AND DISTRIBUTE INTO OUR SYSTEM. SO IT'S KIND OF TWOFOLD HOW MUCH CAN WE TREAT AND THEN HOW MUCH CAN WE MOVE AROUND OUR CITY? THANK YOU. LET'S SEE. I'VE SHOWN THIS GRAPHIC BEFORE BECAUSE AS WE WERE GOING THROUGH THE DROUGHT, WE WERE WORRIED KIND OF ABOUT THE 620 NUMBER BECAUSE SOME OF OUR BARGES AND INTAKES WOULD GO OFF OF OFFLINE. OBVIOUSLY THAT'S NOT A CONCERN ANYMORE. THIS IS ABOUT A THREE AND A HALF YEAR OUTLOOK, AND L-C-R-A IS NOT PROJECTING LAKE TRAVIS TO HIT THAT LEVEL IN THE NEXT THREE YEARS. SO BY THAT TIME, DEEP WATER INTAKE WILL BE ONLINE. AND THOSE KIND OF PROJECTS WILL BE IN PLACE IN THAT DROUGHT. THAT THREAT WILL GO AWAY. THIS IS JUST ANOTHER DEPICTION. KIND OF A YEAR AGO, LAKES WERE AT 58%. AS OF AUGUST 1ST, THEY'RE AT 95%. I'LL PROBABLY STOP SHOWING THIS TABLE OVER HERE BECAUSE, YOU KNOW, WE'RE PRETTY FAR AWAY FROM THOSE BARGES GOING OFFLINE. SIMILARLY, THE SOIL MOISTURE IN TEXAS. NOW I HAVE IT UP HERE AS A YEAR AGO WHERE REALLY WILLIAMSON COUNTY, WHICH IS RIGHT THERE, WE WEREN'T IN DROUGHT OR AT LEAST THE SOIL MOISTURE WAS NOT IN DROUGHT A YEAR AGO. WE WERE STILL SEEING THOSE VERY LOW INFLOWS, BUT WE HAD SEEN SOME RAINS IN AUGUST, IF YOU REMEMBER, LAST YEAR. SO AND THEN COMPARED TO TODAY AGAIN, WILLIAMSON COUNTY AND I HAVE A ZOOMED IN PICTURE. BUT SOME PARTS OF TRAVIS ARE STILL STILL IN THAT ABNORMALLY DRY OR MODERATE DROUGHT. THIS WAS A LITTLE OVER A MONTH BEFORE THE RAINS, MAYBE TWO MONTHS. YOU CAN SEE REALLY THE BIG PART OF THE BASIN AND THE PART THE THE STREAMS AND RIVERS THAT FILL THE TWO LAKES WERE IN THAT MOST EXTREME OR EXCEPTIONAL DROUGHT. AND THEN THAT'S HOW THEY LOOK TODAY. SO REALLY, AS WE ALL KNOW, A LOT OF THE LLANO RIVER, SAN SABA, ALL THOSE RIVERS THAT FEED LAKES, BUCHANAN AND TRAVIS RECEIVED A TON OF RAIN. AS YOU WOULD EXPECT, OUR WATER USAGE IN JULY WAS WAS FAIRLY LOW, AT LEAST IN THE BEGINNING PART. WHEN WE WERE RECEIVING ALL THOSE RAINS, WE EVEN SAW LIKE A SUB 10 MILLION GALLON A DAY, YOU KNOW, USAGE, WHICH IS REALLY UNUSUAL. FOR JULY. WE DID PICK UP. SO THE THE BLUE IS 20, 25TH JULY AND THEN THE RED IS 2020 4TH JULY. SO IT'S KIND OF HARD TO SEE. BUT REALLY USAGE WAS ALMOST IDENTICAL LAST YEAR TO THIS YEAR. SO EVEN THOUGH WE ADDED CONNECTIONS, THE USAGE REMAINED PRETTY PRETTY CONSISTENT. OUR AVERAGE DAY WAS ABOUT 14 MILLION. AND LIKE I SAID, OUR LOWEST DAY, I [00:15:03] THINK WE WE SAW LIKE A 9.8. SO IT'S PRETTY PRETTY LOW. THIS IS A GRAPHICAL REPRESENTATION OF OUR PLANT USAGE. SO I'VE STATED IN THE PAST WE'RE ABOUT 70% BCR UA WATER AND ABOUT 30% IS OUR SANDY CREEK. SO SANDY CREEK IS SHOWN IN BLUE VCR AND GREEN. THE RED LINE SHOWS THE TEMPERATURE AND THEN THE BOTTOM IS THE RAINFALL. SO I KIND OF TALKED ABOUT IT OVER THERE, BUT OUR USAGE WAS REALLY SIMILAR. OUR AVERAGE DAY WAS SIMILAR, ALMOST TEMPERATURE. EVERYTHING WAS SIMILAR EXCEPT WE DID SEE A LITTLE BIT MORE RAIN. SO IN THE LAST SLIDE I HAVE IS OUR CONNECTIONS. WE GREW AT ABOUT 4.5%. THAT'S PROBABLY THE LOWEST I'VE SEEN IN A REALLY, REALLY LONG TIME. AGAIN, WE USED TO BE AT 1,516%, WHICH WAS CRAZY. THAT WAS ABOUT 14, A LITTLE OVER 1400 CONNECTIONS THAT WE GREW FROM JULY LAST YEAR TO THIS YEAR. SO AGAIN, KIND OF GOING BACK TO THAT USAGE, WE ADDED 1400 CONNECTIONS, BUT THE USAGE WAS ABOUT THE SAME, JUST BECAUSE WE SAW THAT RAINFALL AND CONSERVATION AND ALL THOSE GOOD THINGS. SO THAT'S ALL I HAVE. ARE THERE ANY QUESTIONS? THANK YOU SO MUCH. JUST A COUPLE OF QUICK QUESTIONS. NOT ABOUT THE INCOMING WATER BUT JUST ABOUT OUR OWN PROJECTS. YES. WE HAVE SOME PROJECTS THAT ARE ADDING CAPACITY. CAN YOU TELL US SOME TIMELINES FOR THOSE. SO WE HAVE ONE PHASE ONE D AT BCR THAT WILL GIVE US ANOTHER 5 MILLION GALLONS OF WATER. SO THAT ONE IS BASICALLY ONLINE. THEY'RE STILL WAITING FOR SOME PARTS AND PIECES, SLUDGE PROCESSING, THAT KIND OF THING. BUT ESSENTIALLY THAT TREATMENT CAPACITY IS THERE. IT'S NOT OFFICIALLY ONLINE AND COMPLETE YET, BUT IT'LL PROBABLY BE WITHIN THE NEXT MONTH OR SO. SO THAT'S ANOTHER 5 MILLION IN TREATMENT. WE ALSO HAVE SANDY CREEK EXPANSION. THAT'S THE SLUDGE PROJECT. WE'RE EXPECTING THAT ONE ONLINE IN OCTOBER TO NOVEMBER. SO THAT ONE'S WRAPPING UP PRETTY QUICKLY. SO THAT GETS US ANOTHER 2 TO 3 MILLION GALLONS JUST BECAUSE OF THE EFFICIENCY THAT IT GIVES. IT ALSO GIVES US THAT REDUNDANT TREATMENT UNIT. SO SANDY CREEK CURRENTLY HAS SIX UNITS. EACH OF THEM CAN DO 2 MILLION. BUT BECAUSE OF THE SLUDGE AND YOU KNOW YOU HAVE TO BACKWASH CLEAN THEM MAINTENANCE ONE OF THOSE CAN GO OFFLINE. SO WE CAN ONLY REALLY DO ABOUT 9 TO 10. THAT EXTRA. OH EXCUSE ME. THAT EXTRA UNIT ALLOWS US TO RUN SIX UNITS AT ALL TIMES. SO 12 MILLION GALLONS. AND THEN THE SLUDGE PROCESSING JUST MAKES IT MORE EFFICIENT. WE DON'T HAVE TO WORRY ABOUT LAGOONS AND SETTLING OF WATER AND THAT KIND OF THING. SO. BCRU FOR THE PHASE TWO IS ON TRACK FOR MAY, I THINK APRIL OR MAY OF 2027. SO THAT HELPS US WITH THE DROUGHT RISK. AND THEN PHASE TWO A, WHICH IS THE EXPANSION OF THE PLANT, THAT ONE THE BIDS OPEN, I THINK ON THE 18TH OR 19TH OF SEPTEMBER. SO WE'LL HAVE A CONTRACTOR FOR THAT ONE SOON. AND THAT ONE IS EXPECTED TO BE ONLINE ABOUT MAY OF 2028. I THINK I'M FORGETTING STUFF. WE HAVE LOTS OF PUMP STATIONS AND OTHER THINGS. YES, THAT WAS A LOT. THAT WAS A LOT COMING. I CAN KEEP GOING. THAT WAS THAT WAS REALLY GOOD. WE HAVE A LOT. AND THEN REALLY QUICKLY, WHERE ARE WE AT ON THE AMR? DO YOU KNOW THEY HAVE COMPLETED SURVEYS? I DON'T REALLY HAVE A COUNT. I'M LOOKING BACK AT TONY OVER THERE, BUT THAT'S A TONY QUESTION. THAT'S A TONY. WELL AS FAR AS SO THEY'RE STILL IN SURVEYING. SO WE HAVE LIKE I SAID, 32,000, ALMOST 33,000 CONNECTIONS. SO THEY'RE GOING TO INDIVIDUAL METERS CLEANING OUT THE BOXES, TAKING GPS LOCATIONS OF ALL OF THEM THROUGHOUT THE WHOLE CITY. SO I THINK MAYBE THEY'RE LIKE 30, 40% COMPLETE MAYBE OF THAT SURVEY. SO THEY'RE STILL STILL WORKING THROUGH THAT. WE'RE WORKING ON DEMOS OF LIKE THE ONLINE PORTAL AND STUFF LIKE THAT RIGHT NOW. GREAT. THANK YOU SO MUCH COUNCIL. ANY OTHER QUESTIONS. YEAH. SO SO OUR CAPACITY RIGHT NOW ONCE WE COMPLETE THE THE THE SLUDGE AND THE OTHER ONE WHAT WILL OUR CAPACITY BE THEN. SANDY CREEK WILL BE AT 12 AND BC WILL BE AT 20. SO 32 MILLION GALLONS A DAY AND THEN WILL BE MAY OF 28 BEFORE WE HAVE ANY MORE CAPACITY. CORRECT? OKAY. AND THEN RIGHT NOW, I MEAN OUR USAGE IN AUGUST, WHICH IT'S ALWAYS THE THIRD WEEK OF AUGUST, IS OUR HIGHEST. I'M NOT SAYING IT WILL BE THIS BECAUSE WE'VE HAD SOME RAINS THIS WEEK, BUT WE'VE BEEN HOVERING RIGHT AROUND THAT 20 MILLION MARK. I'M SURPRISED WE ACTUALLY HAVEN'T HIT IT YET, BUT WE'VE HAD SOME PRETTY MILD WEATHER. I'M HONESTLY CONCERNED IT'S GOING TO, YOU KNOW, BE 100 DEGREES IN OCTOBER. BUT YOU KNOW, YOU NEVER KNOW. IT WAS IT WAS HOT LAST YEAR. I REMEMBER WE HAD A HIGH USAGE DAY IN OCTOBER LAST YEAR. SO WE'RE DEFINITELY NOT OUT OF IT JUST BECAUSE WE'RE OUT OF AUGUST. BUT BUT WE'RE STILL WE'RE STILL COMFORTABLE. SO WE HAVE PLENTY OF TREATMENT CAPACITY NOW UNTIL WE BRIDGE IT WITH THE NEW, WITH THE WATER. FANTASTIC. DON'T JINX IT. ALL RIGHT. ANY OTHER QUESTIONS? THANK YOU SO MUCH. ALL RIGHT. CAPITAL IMPROVEMENT PROJECT UPDATE SENIOR CENTER CIP P POINT SIX, INCLUDING CONSTRUCTION UPDATE AND TIMELINE FOR COMPLETION. CIP PROJECT MANAGER ALABASTRO. GOOD EVENING. GOOD EVENING. MAYOR COUNCIL. MR. BARTON. SO CURRENTLY WHERE WE ARE THE [00:20:01] SENIOR CENTER I REMEMBER THIS. WE DO HAVE DOORS AND FRAMES GOING IN PROGRESS. INTERIOR WALLS HAVE BEEN INSULATED AND THEY ARE CLOSING THEM. WE HEARD TODAY FROM THE CONTRACTOR THAT THEY'RE TRYING TO SCHEDULE THEIR INSPECTION FOR THAT, TO COMPLETELY HAVE ALL THE WALLS COVERED UP, AND THEY SHOULD HAVE THAT PROBABLY TOMORROW OR EARLY NEXT WEEK. THE WEST PARKING LOT HAS BEEN COMPLETED, SO THAT'S READY TO GO. THE FIRE SPRINKLER AND FIRE ALARM SYSTEM IS BEING INSTALLED, AS WELL AS OUR NETWORK CABLING SYSTEM IS BEING INSTALLED AS WELL. AND SITE SIDEWALKS FOR ROAMING AROUND THE SITE ARE IN PROGRESS OF BEING FORMED. HERE'S SOME PICTURES OF THE FACILITY RIGHT NOW. THIS WAS FROM TUESDAY. I BELIEVE MY DAYS ARE RUNNING TOGETHER, BUT THEY ARE. THIS IS THE VERY FRONT OF THE BUILDING AND THE DROP OFFS ZONE UP HERE. THIS IS THE BACK SECTION. I BELIEVE THAT THIS IS. I'M SORRY, THIS IS THE FRONT. THIS IS THE MULTI-PURPOSE ROOM OVER HERE. THIS THESE TWO PICTURES WERE ACTUALLY SUPPOSED TO MESH TOGETHER INTO ONE. SORRY. THIS HERE IS THE BACK OF THE FACILITY AND THE CENTRAL COURTYARD. AND THIS IS JUST ANOTHER KIND OF HIGHER UP VIEW OF THE FRONT DROP OFF ZONE. HERE'S THE WORK OF THE WEST PARKING LOT BEING POURED. THEY STARTED AT 230 IN THE MORNING AND THEN FINISHED ABOUT 1030 IN THE MORNING THAT DAY. AND THEN AS IT LOOKS AFTER THEY SAW, CUT AND PUT THE EXPANSION JOINTS IN. HERE'S SOME PICTURES OF THE THE WALLS THAT YOU SEE AROUND THE MUNICIPAL SIDE. THEY'VE THE MASONRY HAS BEEN COMPLETED OUT THERE. AND THEN SOME OF THE SIDEWALKS THAT ARE BEING FORMED. THE INTERIOR GETTING COVERED UP, WALLS CLOSED IN, INSULATED. AND KIND OF A BACK BACKSIDE OF THE BUILDING PERSPECTIVE HERE. QUESTIONS. OH I FORGOT. SO THE THE TARGET IS TO OPEN THE FACILITY AND GET FINALS ON OCTOBER 8TH. AND THAT IS WHAT IS THE CONTRACTORS PUSHING FOR RIGHT NOW. THANK YOU SO MUCH. COUNCIL QUESTION. ALL RIGHT I THINK WE'RE GOOD. THANK YOU VERY MUCH I APPRECIATE THAT. YOU'RE WELCOME. OOPS. ALL RIGHT. [9. Leander History - receive presentation on the Leander Independent School District.] ITEM NUMBER NINE LEANDER HISTORY WITH HISTORIC PRESERVATION COMMISSIONER VICE CHAIR HOWELL. GOOD EVENING, MISS HOWELL. GOOD EVENING. I APOLOGIZE, I'M RUNNING LATE. I'VE BEEN RUNNING LATE ALL MONTH, SO, YOU KNOW, JUST CAN'T GET CAUGHT UP. OKAY, SO WE'RE GOING TO THIS. WE STARTED THIS PRESENTATION. THIS IS PART TWO. WE STARTED THIS BACK IN JUNE. JUNE, JULY, YES, JUNE. AND I JUST WANT TO GO BACK THROUGH THIS REAL QUICK NOTICE THAT ALL OUR SCHOOLS ARE ON THE EAST SIDE, ALMOST THROUGH THE MIDDLE. AND THE RECENT RAINS AND THE FLOODING AND THE INCIDENTS THAT WE HAVE HAD ON THE ROADS WITH OUR BUSSES, IT IT REALLY SHOWS WHY OUR SCHOOL DISTRICT IS SPLIT LIKE THAT WITH OUR SCHOOLS, BECAUSE THE WESTERN PART OF OUR LEANDER SCHOOL DISTRICT IS VERY DIFFICULT. AND I DO WANT TO SAY THAT. WE'VE HAD SERIOUS BUS INCIDENT HERE RECENTLY. THAT IS NOT IT'S VERY, VERY FORTUNATE THAT LEANDER ISD HAS CHOSEN IT WAS A STATE LAW, BUT THERE WERE OUTS. LEANDER ISD CHOSE NOT TO TAKE THE OUTS TO GET SEAT BELTS IN THIS IN THE NEW BUSSES, AND IT'S VERY GOOD THAT THEY DID GET THE SEAT BELTS BECAUSE WE DID HAVE A SERIOUS ROLLOVER ACCIDENT WITH OUR SCHOOL BUSSES IN THE PAST. JUST SO Y'ALL DO KNOW, ON NAMELESS ROAD AND ON WHAT IS NOW 1431, WE HAVE HAD BUSSES WHERE THE BUSSES IN FLOOD SITUATIONS WERE WASHED AWAY AND WE HAVE HAD. THAT'S HAPPENED TWICE IN THIS AREA. SO WE HAVE LOST THE BUSSES THERE AND WE HAVE LOST DRIVERS AND STUDENTS. SO WE'RE VERY, VERY FORTUNATE THAT THIS RECENT INCIDENT WAS NOT LIKE THE ONES IN THE PAST HISTORY. THIS IS THE BAGHDAD SCHOOL, WHICH WAS BUILT IN 1870. OKAY. LEANDER SCHOOL, THIS IS [00:25:04] 1893. OKAY. LET'S CLICK THROUGH HERE. OKAY. SO BACKING UP A LITTLE BIT, OUR SCHOOL DISTRICT, LEANDER ISD IS BACK IN THE TEXAS. WHEN TEXAS BECAME A REPUBLIC, IT WAS EDUCATION WAS VERY, VERY IMPORTANT. THE CITIZENS, IT WAS VERY IMPORTANT TO THEM. BUT THE MAIN PERSON THAT DROVE EDUCATION WAS SAM HOUSTON. SAM HOUSTON, IF YOU KNOW ANY ANYTHING ABOUT HIM. HE WAS ACTUALLY A TEACHER, AND HE LIVED WITH THE CHEROKEE AND WAS A CHEROKEE TEACHER. AND SO EDUCATION WAS EXTREMELY IMPORTANT TO HIM. WE HAVE BAYLOR UNIVERSITY BECAUSE OF HIM AND MARY HARDIN-BAYLOR UNIVERSITY, AS WELL AS WELL AS SOUTHWESTERN UNIVERSITY. WITH THAT SAID, THE EARLY REPUBLIC PERIOD, WE WE HAD SCHOOLS, LOCAL SCHOOLS, AND THEN WE WENT TO WE MOVED INTO THE STATE ERA, AND THE STATE WANTED TO HAVE VERY GOOD SCHOOLS. AND PART OF THAT WAS EACH SCHOOL. IT WAS PER COUNTY, NOT PER SCHOOL DISTRICT. AND THESE SMALL ONE ROOM SCHOOLS ARE THE ONE ROOM SCHOOLS THAT LEANDER ISD LATER IT FORMED INTO LEANDER ISD THAT WE KNOW OF AS TODAY. AND THOSE ARE THE DAYS AND TIMES. AND THEN SOME OF THE TEACHERS, MISS GIDDENS, MISS FAUBION AND MISS NORMAN, I CAN SAY THAT. BUT THERE WERE SEVERAL GIDDENS, SEVERAL, MISS NORMAN'S, SEVERAL MISS FABIANS. AND IT GETS KIND OF CONFUSING IF YOU DIDN'T KNOW WHICH ONE THEY WERE. THESE ARE A COUPLE OF SCHOOL PICTURES FROM THE ONE ROOM SCHOOLS. THE WHITESTONE SCHOOL WAS DOWN THERE WHERE 1431 AND 183 IS NOW IT WAS MCDONALD'S. NOW IT'S LA TAPATIA. AND THAT WAS IT WAS NAMED WHITESTONE BECAUSE IT WAS THE ONLY ONE ROOM SCHOOL THAT WAS MADE OUT OF STONE. THE REST OF THEM WERE MADE OUT OF WOOD. THIS IS NAMELESS SCHOOL. UNFORTUNATELY, NAMELESS SCHOOL DID DID GET FLOODED FOR THE FIRST TIME. THIS IS THE THIRD NAMELESS SCHOOL. THE FIRST SCHOOL WAS IN 1870. THIS ONE WAS BUILT IN 1909 AND IT DID FLOOD THIS TIME. AND I DON'T KNOW HOW WHERE IT STANDS TODAY WITH THE RECENT FLOODING IN THE REPAIRS, NAMELESS SCHOOL, OUR SCHOOLS IN ROUND MOUNTAIN, RIGHT NOW, IT'S THE COMMUNITY THAT IT IS BUILT IN. OUR SCHOOLS HAVE ALWAYS BEEN VERY, VERY IMPORTANT TO THOSE THOSE COMMUNITIES AND THOSE NEIGHBORHOODS. IN NAMELESS SCHOOL IS ONE OF THOSE. WE STILL HAVE NAMELESS SCHOOL DAYS THERE AND NAMELESS SCHOOL. IT IS SO INTACT THAT THE BULLOCK MUSEUM BORROWED STUFF FROM THE NAMELESS SCHOOL TO HAVE THEIR ONE ROOM SCHOOL EXHIBIT DOWN AT THE BULLOCK, BECAUSE ALL THEY HAD TO DO WAS PICK IT UP AND TAKE IT DOWN THERE. IT'S LIKE WALKING BACK IN TIME. THEY STILL HAVE THEIR 1948 FLAG IN THERE. THIS IS ROUND MOUNTAIN SCHOOL AND THIS IS WHERE THEY WERE DOING A FLAG RAISING THERE RIGHT NOW, ROUND MOUNTAIN SCHOOL. WE'RE STILL WAITING ON A HISTORICAL MARKER TO GET THERE. THEY ARE USING THE SCHOOL RIGHT NOW FOR SOME OF THE FLOOD RELIEF THAT IS STILL GOING ON OUT THERE. AND THAT IS IT. THAT'S ALL I HAVE. I DO WANT TO SAY ONE MORE THING THOUGH. I WANT TO DO A PUBLIC SERVICE ANNOUNCEMENT. ANNOUNCEMENT. I DO THIS FROM TIME TO TIME HERE RECENTLY. IT'S NOT A NEW DISCOVERY. QUITE A FEW OF US DID KNOW THAT WE HAVE DINOSAUR TRACKS IN SANDY CREEK, BUT THE HOMEOWNER THAT THE DINOSAUR TRACKS ARE RIGHT ACROSS FROM THEIR HOME DURING. THEY BROUGHT IN SOME HEAVY MACHINERY, AND THEY WANTED TO MAKE SURE THAT THE DINOSAUR TRACKS WERE PROTECTED. SO THEY MADE THE RIGHT PHONE CALLS TO THE RIGHT PEOPLE. AND WE HAVE THE STATE GEOLOGIST WENT OUT THERE, AND NOW THE WHOLE WORLD KNOWS THAT WE HAVE DINOSAUR TRACKS. OKAY. WE ARE IN THE PROCESS OF TRYING TO GET PLASTER CAST MADE OF THESE DINOSAUR TRACKS. THESE DINOSAUR TRACKS ARE IN A PLACE THAT IS PRIVATE PROPERTY. THERE IS ABSOLUTELY NO WAY TO GET TO THESE DINOSAUR TRACKS EXCEPT THROUGH PRIVATE PROPERTY AND THE PEOPLE OF ROUND MOUNTAIN CONSIDER THEIR PRIVATE PROPERTY VERY PRIVATE. SO PLEASE DO NOT GO LOOKING FOR THE DINOSAUR TRACKS WE WILL GET. WE WILL GO THROUGH THE PROPER CHANNELS AND WE WILL GET PLASTER CAST OF THESE DINOSAUR TRACKS SO THAT WE CAN TAKE THEM TO THE PEOPLE SO THEY CAN SEE. AND THANK YOU. THANK YOU VERY MUCH. ALL RIGHT. MOVING ON TO OUR CONSENT AGENDA [ CONSENT AGENDA: ACTION] COUNCIL, YOU WILL CONSIDER CONSENT ITEMS TEN THROUGH 13 IS AN ACTION ITEM MOTION TO APPROVE. SECOND. MOTION. AND SECOND. IS THERE ANY DISCUSSION? ALL THOSE IN FAVOR PASSES [14. Conduct a Public Hearing and consider action regarding Zoning Case Z-24-0114 to amend the Leander Springs Planned Unit Development (PUD) with base zoning districts of MF-2-A (Multi-Family) and GC-3-A (General Commercial) to update the language as it relates to phasing and timing of the development, reduce the total number of apartments, and modify the phasing requirements on two (2) parcels of land approximately 77.90 acres ± in size, more particularly described by Williamson Central Appraisal District Parcels R403524 and R051592; and generally located southwest of the intersection of 183A Toll Road and RM 2243, Leander, Williamson County, Texas.  Discuss and consider action regarding Zoning Case Z-24-0114 as described above.] [00:30:05] UNANIMOUSLY. MOVING ON TO OUR PUBLIC HEARINGS. ITEM NUMBER 14, CONDUCT A PUBLIC HEARING REGARDING ZONING CASE Z-240114 TO AMEND THE LEANDER SPRINGS PLANNED UNIT DEVELOPMENT WITH BASE ZONING DISTRICTS OF MF TWO, A MULTIFAMILY AND GC THREE A GENERAL COMMERCIAL TO UPDATE THE LANGUAGE AS IT RELATES TO PHASING AND TIMING OF THE DEVELOPMENT, REDUCE THE TOTAL NUMBER OF APARTMENTS AND MODIFY THE PHASING REQUIREMENTS ON TWO PARCELS OF LAND APPROXIMATELY 77.9 ACRES PLUS OR MINUS IN SIZE, AS STATED ON THE POSTED AGENDA. EXECUTIVE DIRECTOR OF DEVELOPMENT SERVICES. GRIFFIN. GOOD EVENING. GOOD EVENING. THIS IS A PUBLIC HEARING FOR THE LEANDER SPRINGS PUD. THIS PROPERTY IS LOCATED TO THE SOUTHWEST OF THE INTERSECTION OF 183 A AND 2243. THIS PROPERTY WAS REZONED TO THE CURRENT PLANNED UNIT DEVELOPMENT IN 2020. WITH THAT ORIGINAL PUD ZONING. IT INCLUDED SOME EXPIRATION DATES. THERE WAS A REQUIREMENT THAT THE LAGOON HAD A CERTIFICATE OF COMPLETION BY DECEMBER OF 2024. THE DEADLINE WAS NOT MET, SO THAT MEANS THAT THE ALLOWANCE FOR THE MULTIFAMILY AND THE LAGOON EXPIRED. SO CURRENTLY, THE DEVELOPER CAN CONSTRUCT 35,000FT■!S OF COMMERCIAL ON THE ENTIRE PROPERTY. I DID A LITTLE RESEARCH, AND THAT'S THE EQUIVALENT OF A SPROUTS ON THIS PROPERTY. BUT THAT'S THE ONLY THING THAT COULD BE DEVELOPED. SO IF THEY WANT TO EXPAND THE DEVELOPMENT, THEY HAVE TO COME FORWARD AND MAKE AN AMENDMENT TO THE ZONING APPLICATION. SO TODAY THEY ARE PRESENTING AN AMENDMENT THAT MADE A FEW CHANGES THAT THE MAYOR LISTED. THEY DID PROPOSE TO REDUCE THE NUMBER OF APARTMENTS FROM 1600 TO 1200. THEY ALSO REMOVED THE EXPIRATION TIME FRAMES FROM THE PHASING PLAN. AND THIS IS NOT A NORMAL THING YOU HAVE IN A ZONING ORDINANCE FOR ZONING EXPIRES. SO I THINK STAFF AGREED REMOVING THOSE TIMELINES WAS A GOOD IDEA. THIS REQUEST WAS REVIEWED BY THE PLANNING AND ZONING COMMISSION DURING THEIR MEETING LAST MONTH. THE COMMISSION DID RECOMMEND DENIAL OF THE REQUEST. I'LL BE GLAD TO ANSWER QUESTIONS AFTER THE PUBLIC HEARING, AND THE APPLICANT IS ALSO HERE TO GIVE A PRESENTATION. THANK YOU. THANK YOU SO MUCH. APPLICANT. SO IT'S LIKE YOU'RE. GOOD EVENING. GOOD EVENING. I WANTED TO PASS. THANK YOU. MAKE LOTS OF QUESTIONS. GOOD EVENING, MAYOR, AND GOOD EVENING, COUNCIL MEMBERS. MY NAME IS ANDRE DEREVENKA. I'M A PRINCIPAL OF LAND DEVELOPMENT GROUP, DEVELOPER OF LAND THE SPRINGS PROJECT. THE PROJECT STARTED MORE THAN FIVE YEARS AGO. SO WE'RE GOING TO GO OVERVIEW OF THE WHOLE PROJECT. AND I WILL COVER THE AMENDMENTS IN MORE DETAILS. AND WE'RE GOING TO TALK ABOUT COMMUNITY OUTREACH, APPEAL OF THE PROJECT, ECONOMIC IMPACT AND JOB CREATION, PROJECT FUNDING, WATER SOURCE AND TECHNOLOGY, WATER TECHNOLOGIES THAT WILL BE USED FOR THE LAGOON AND TO KEEP WATER CLEAN. AS ROBIN JUST MENTIONED, THIS IS THE AMENDMENT REQUEST. WE STILL HAVE DEVELOPMENT AGREEMENT WITH THE CITY WHICH IS STILL IN FORCE. IT WAS NEVER CANCELED AND DEVELOPMENT AGREEMENT MINOR AMENDMENTS WILL BE IS ON THE NEXT CITY COUNCIL AGENDA. SO THE PROJECT IS 79 ACRES AT THE INTERSECTION OF 183 AND 2243. IT'S A MIXED USE PROJECT MASTER PLANNED COMMUNITY WITH LIVE WORK, PLAY ENVIRONMENT. WE HAVE FOUR ACRE LAGOON AS A CENTERPIECE, AS AN ANCHOR FOR THE WHOLE PROJECT AND EVERYTHING AROUND IT IS KIND OF DEVELOPED. AND CURRENTLY THE POD HAS 1600 MULTIFAMILY UNITS AND BE REDUCING THAT 1600 MULTIFAMILY UNITS TO 1200. COMMERCIAL COMPONENT STAYS THE SAME. IT'S OVER 1,000,000FT■!S F OFFICES, RESTAURANTS, RETAIL, AND WE ALSO HAVE TWO HOTELS PLANNED. ONE IS FULL SERVICE HOTEL WITH 20,000FT■!S OF CONFERENCE CENTER, AND ANOTHER HOTEL IS 110 ROOMS. KIND OF SMALLER HOTEL, MORE BUDGET ORIENTED PROJECT ALSO INCLUDES 21 ACRES OF PARKLAND AND CIVIC [00:35:06] SPACE. WE OVER THE LAST FIVE YEARS, WE WENT THROUGH IN ORDER FOR US TO START CONSTRUCTION ON PHASE ONE, WE HAVE TO GET 26 PERMITS APPROVED. WE'VE GOT 15 APPROVED OUT OF 26 FOR PERMITS CURRENTLY, COMMENTS CLEARED BY THE ON HOLD BECAUSE OF EXPIRATION AND SEVEN OTHER PERMITS. THEY ARE READY TO BE SUBMITTED. ALL THE ARCHITECTURAL ENGINEERING IS COMPLETED, BUT WE CAN'T SUBMIT IT UNLESS THE AMENDMENT IS APPROVED. WE PARTNERED WITH WATER COMPANY THE THAT REPRESENTS REPRESENTATIVE OF THE COMPANY WILL EXPLAIN THE TECHNOLOGY AND HOW IT ALL WORKS, AND WE ALSO NOW IN NEGOTIATION WITH LARGE NATIONAL PROPERTY DEVELOPMENT GROUP FOR, YOU KNOW, TO AS A JOINT VENTURE ON THE PROJECT, BUT THAT WILL BE ANNOUNCED LATER. JUST TO SUMMARIZE THE AMENDMENTS, ROBIN MENTIONED, AND I'LL JUST REPEAT SOME POINTS AND EXPAND ON A FEW OTHERS. SO THE NUMBER OF UNITS REDUCED FROM 1600 TO 1200 MULTI-FAMILY UNITS. WE ALSO REDUCED HEIGHT ON SOUTH AND WEST BOUNDARIES. ON WEST BOUNDARY WE WE HAVE SINGLE FAMILY NEW SUBDIVISION TAYLOR MORRISON. ON SOUTH WE HAVE MULTIFAMILY, WHICH WAS ALREADY COMPLETED. WE ALSO EXTENDING MASON CREEK TRAIL AND IT'S CONNECTING TO BRUSHY CREEK TRAIL SYSTEM THAT GOES THROUGH THE PROPERTY. AND LAGOON HAS BEEN CLASSIFIED AS NON-ESSENTIAL USE. SO IT'S SUBJECT TO WATER CONSERVATION REQUIREMENTS. WE REMOVED THE LAGOON COMPLETION DATE REQUIREMENT THAT WAS PART OF 380 AGREEMENT WITH THE CITY WITH TAX INCENTIVES AND OBVIOUSLY FOR MANY DIFFERENT REASONS. THAT DEADLINE HASN'T BEEN MET AND THAT NOW IS NOT IN THE POD. IT'S NOT NORMAL TO HAVE DEADLINES IN THE POD. SUBSEQUENTLY, WE REMOVED THE HOTEL CONSTRUCTION COMPLETION AND COMMENCEMENT BECAUSE IT WAS KIND OF LINKED TO THE LAGOON AND WE STILL HAVE REQUIREMENTS THAT CERTIFICATE OF OCCUPANCY MAY NOT BE ISSUED FOR ANY MULTIFAMILY UNITS UNTIL AFTER CERTIFICATE OF COMPLETION IS ISSUED FOR THE LAGOON, SO LAGOON HAS TO BE COMPLETED FIRST IN THE PROJECT BEFORE WE CAN COMPLETE ANY MULTIFAMILY. AND IT'S VERY IMPORTANT FROM OUR PERSPECTIVE, BECAUSE LAGOON IS THE MAIN ATTRACTION AND IT'S ALSO OUR COMMITMENT TO DELIVER LAGOON AND NOT JUST BUILD MULTIFAMILY WITHOUT ANYTHING ELSE. WE ALSO REDUCED NUMBER OF MULTIFAMILY UNITS IN THE FIRST PHASE, FROM 400 TO 352, AND WE COMPLETED ENGINEERING AND ARCHITECTURAL PHASE ONE. I DO WANT TO MENTION THERE'S A LOT OF INFORMATION HERE, BUT I'LL JUST GO OVER IT. QUICKLY THAT THE THE DIFFERENT REASONS WHY THE DEADLINE WASN'T MET WHEN WE STARTED. THAT WAS BEFORE COVID. NOBODY COULD PREDICT WHAT'S GOING TO HAPPEN. AND THERE WERE ALSO SEVERAL. THE PROJECT IS VERY COMPLEX AND REQUIRED REDESIGN. AFTER INITIAL APPROVAL, WE WENT THROUGH TWO PRELIMINARY PLAT AMENDMENTS REVISIONS, RE-ENGINEERED THE WATER QUALITY POINT. WE ACTUALLY MANAGED TO REMOVE IT, AND WE ALSO WENT THROUGH AMENDMENT OF THE PART AS WELL. IT WAS MINOR AMENDMENT, BUT WE HAD TO DO IT BECAUSE THERE WERE TECHNICAL THINGS THAT HAD TO BE FIXED. ALL THIS. REDESIGNING AND REVISIONS DELAYED THE PROJECT BY APPROXIMATELY 18 MONTHS. THEN COVID HAPPENED, WHICH WE KNOW THAT WAS NEGATIVE EFFECT ON ECONOMY AND SLOWED REAL ESTATE DEVELOPMENT PROJECTS. AND NOT JUST US, BUT EVERYBODY. AND ALSO MACRO RECESSION, RECESSIONARY PRESSURES IN 2023 2024, WHEN THERE WERE A LOT OF BANK FAILURES. WE HAD TWO DIFFERENT BANKS WHO COMMITTED TO PROVIDE FINANCING FOR THE PROJECT, AND THEY PULLED OUT IN 2023, 2024. SO THAT'S SET US BACK AS WELL. [00:40:06] THERE WAS ALSO RAPID INTEREST RATE ESCALATION, WHICH CAUSED SLOWDOWN IN THE WHOLE PROPERTY MARKET. AND ALSO CITY OF LEANDER SLOWED DOWN A LOT OF OTHER PROJECTS AS WELL BECAUSE OF THE WATER SUPPLY, SUPPLY CONCERNS AND CONSTRAINTS. SO THAT'S THE SUMMARY OF MANY DIFFERENT THINGS THAT CAUSED AN EXPIRATION OF THE POD. SO. IF THE POD AMENDMENT IS NOT APPROVED, IT'S GOING TO CAUSE DELAYS. WE ARE STILL GOING TO PROCEED WITH THE PROJECT. MAYBE IT WILL BE SOMETHING DIFFERENT. BUT YOU KNOW, WE INVESTED A LOT OF MONEY, A LOT OF TIME, A LOT OF EFFORT IN THIS PROJECT. WE'RE NOT GOING TO STOP. WE OWN THE LAND AND WE WILL BE DEVELOPING PROJECT ONE WAY OR ANOTHER, BUT IT MAY LEAD TO POSSIBLE LOSS OF AMENITIES AND ECONOMIC BENEFITS FOR THE CITY. ALSO, IT WILL BE MISSED OPPORTUNITY FOR LONG TERM TAX REVENUE AND JOBS AND LAGOON AND HOTEL DELIVERY TIMELINES COULD BE NEGATIVELY AFFECTED. THIS IS IF OUR MASTER PLAN FOR THE WHOLE PROJECT IF POD AMENDMENT IS APPROVED. SO AS I MENTIONED BEFORE, IT'S OVER 1,000,000FT■!S OF COMMERCIAL RETAIL RESTAURANTS. AND IF IT'S NOT APPROVED, THEN 35,000FT■!S. THAS A CLUBHOUSE THAT WE DESIGNED. THAT WOULD BE THE ONLY THING THAT WE WOULD BUILD ON THE PROJECT. THE REST IS JUST WOULD BE NOTHING. AND TO SHOW WHAT EXACTLY HOW THAT WILL LOOK LIKE, BECAUSE THIS VERY SCHEMATIC MASTER PLAN, I WANT TO INVITE TRENT RUSH TO SHOW AND EXPLAIN WHAT WE PLANNED AND HOW WE DESIGNED LAGOON. THANK YOU. GOOD EVENING EVERYBODY. THANKS FOR HAVING US. MY NAME IS TRENT RUSH. I'M A SENIOR PRINCIPAL WITH HITCHCOCK DESIGN GROUP, WHERE LOCAL LANDSCAPE ARCHITECTS AND PLANNERS. WE DO A LOT OF MIXED USE TYPE DEVELOPMENTS, JUST LIKE LEANDER SPRINGS. SO ANDRE DID A REALLY GOOD JOB OF KIND OF GIVING YOU AN OVERVIEW OF ALL OF THE ELEMENTS WITHIN LEANDER SPRINGS. BUT, YOU KNOW, WHEN IT REALLY COMES DOWN TO IT AND YOU TRY TO DEFINE WHAT LEANDER SPRINGS IS, IT'S REALLY A MULTIGENERATIONAL ENTERTAINMENT DISTRICT. SO I'M GOING TO HOP IN HERE FOR A SECOND. THAT MEANS YOU ALL HAVE BEEN GOING FOR TEN MINUTES. SO IF YOU COULD KEEP IT MOVING A LITTLE BIT, PLEASE. ALL RIGHT. OKAY. WELL, CRUISE. ALL RIGHT. SO LEANDER SPRINGS IS REALLY A MULTI-GENERATIONAL ENTERTAINMENT DISTRICT. AND IT'S REALLY FOCUSED AROUND A FOUR ACRE LAGOON. I WILL GO BACK. HOW DO WE GO BACK HERE? THERE WE GO. FOUR ACRE LAGOON. IT HAS A BOARDWALK SURROUNDING LAGOON THAT HAS AN INTEGRATION OF A PROMENADE, PEDESTRIAN PROMENADE WITH RETAIL, HOSPITALITY AND KIND OF GROUND FLOOR ENTERTAINMENT. IT'S PEDESTRIAN FRIENDLY. IT'S BASICALLY A THE SAN ANTONIO RIVERWALK AT THE LAGOON LEVEL WITH A SERIES OF WITH A, YOU KNOW, BOARDWALK SURROUNDING IT, CONNECTED INTO THE MASON CREEK AND BRUSHY CREEK TRAILS, AS WELL AS IT'S, YOU KNOW, IT'S REALLY A UNIQUE DESTINATION. IT'S A LIVE WORK AND PLAY ENVIRONMENT FOR THE CITY OF LEANDER AND GUESTS AND VISITORS. SO AS WE WERE SAYING, SO THE FIRST THING YOU SEE WHEN YOU WHEN YOU SEE THE IMAGE IS THE BIG FOUR ACRE LAGOON IN THE CENTER, BUT IT REALLY HAS FOUR OTHER KIND OF AGE, KIND OF AGE, TARGETED ACTIVITY, SPECIFIC ZONES, AREAS THAT THAT WRAP AROUND IT. WE'LL START UP AT THE NORTH WHERE WE'VE GOT AN ARRIVAL BEACH AREA, WHICH. IS THAT THERE WE GO. SO WE'VE GOT THE ARRIVAL BEACH AREA. THIS IS YOUR GUEST SERVICES WHERE YOU ARRIVE, YOU ENTER INTO THE PUBLIC ACCESS LAGOON AND THEN OFF TO THE RIGHT IS THE NEXT ZONE, WHICH IS GOING TO BE OUR HAMMOCK GROVE AND SWIM UP BAR AREA. AS WE MOVE AROUND, YOU ENTER INTO THE PROMENADE THAT COMES AROUND TO THE LOWER AREA. THIS IS OUR AMPHITHEATER, AN ENTERTAINMENT BEACH. THIS IS REALLY KIND OF THE MAIN PUBLIC CIVIC AREA. AS YOU COME AROUND, WE'VE GOT MORE PROMENADE AROUND [00:45:06] AND THEN WE FINISH UP WITH THE KIDDY POOL. SO AS WE LOOK INTO THE KIND OF THE ARRIVAL BEACH AREA, WE'VE GOT THAT 35,000 SQUARE FOOT CLUBHOUSE AT THE FRONT. THIS IS KIND OF YOUR FIRST FIRST TIME TO COME IN, ENTER INTO THE PROJECT. WE'VE GOT A RESORT STYLE POOL AT THE AT THE FRONT. YOU COME DOWN THROUGH AN ENTRY POINT AND NOW YOU'RE AT THE THE BEACH AREA OFF TO THE TO THE RIGHT OF THE BEACH AREA IS A LITTLE BEACH BOHIO OR A LITTLE LITTLE BAR RESTROOM BUILDING. AND IN BEHIND THAT IS A PUBLIC RESTAURANT WITH A SURF SURF POOL IN IT. SO THIS RESTAURANT CAN BE. YOU CAN YOU CAN ENTER THAT FROM THE FROM THE STREET, FROM THE PUBLIC OR FROM THE FROM INSIDE THE LAGOON. AND SINCE SINCE WE ARE GOING ON SO LONG, I WOULD LIKE IT IF WE COULD KEEP IT TO WHAT'S IN THE POD. AND NONE OF THIS IS IN THE POD. THERE'S NO SURF SEPARATE SURF THING IN THE POD. OKAY. THANK YOU. THIS IS A THIS WOULD BE THE VIEW FROM THE FROM THE BEACH AS YOU GET IN LOOKING THROUGH THE BEACH, ACROSS ACROSS THE LAGOON. AND THEN JUST SOME INSPIRATIONAL IMAGERY OF WHAT THESE AREAS WOULD LOOK LIKE. NEXT UP IS THE HAMMOCK GROVE SWIM. SWIM BAR, PROMENADE AREA AND HOTEL. AND IF YOU'RE IMAGINING YOU WERE SITTING IN THERE, THIS IS MORE ADULT ORIENTED, KIND OF QUIET AREA STILL LOOKING ACROSS. AND WHAT THE VIEWS OF THAT EXPERIENCE MIGHT BE. THE LOWER AREA, THIS IS OUR AMPHITHEATER AND KIND OF ENTERTAINMENT BEACH AREA. WE'VE GOT AREAS FOR RENTAL FOR EVENTS, PRIVATE EVENTS, PART OF THE HOTEL HOSPITALITY VENUE, A STAGE AREA UP HERE WITH AMPHITHEATER, OPEN PUBLIC SPACE. SO THIS IS ALL COMMUNAL PUBLIC SPACE, PROMENADES, FOOD TRUCK AREAS, PLACES FOR FOR PEOPLE TO COME AND HANG OUT. I'M SORRY. I DON'T BELIEVE THERE'S AN AMPHITHEATER IN THE POD. IT TALKS ABOUT AMPLIFIED SOUND, BUT I THINK I MISSED WHERE THERE'S AN AMPHITHEATER. IS IT IN YOUR POD? WELL, THAT'S OUR DESIGN OF THE CURRENT POD. THAT'S WHAT WILL BE THERE IF WE PLEASE JUST TALK ABOUT WHAT IS IN THE POD, BECAUSE THAT'S WHAT WE'RE CONSIDERING TONIGHT. THANK YOU. AND THEN WE HAVE THE LAST PART OF THE AREA IS JUST A KIDDY POOL WITH OUR EMPLOYEE SERVICES BUILDING. JUST SOME LIFESTYLE IMAGERY OF THE OVERALL PUBLIC ACCESS LAGOON OF WHAT THAT MIGHT LOOK AND FEEL LIKE. AND FROM, YOU KNOW, MATERIALS AND TEXTURES. WE'RE LOOKING AT KIND OF WARM, WARM COLORS, KIND OF BRINGING IN SOME, SOME CURVES AND LINES, SOME CENTRAL TEXAS HILL COUNTRY ARCHITECTURE. I KIND OF LIKE TO CALL THE STYLE KIND OF CENTRAL TEXAS CHIC. AND, YOU KNOW, THE WHOLE PLACE IS GOING TO BE SET UP WITH ACTIVITIES AND ENTERTAINMENT THAT WILL REALLY SATISFY CHILDREN OF ALL AGES. AND NEXT UP IS GOING TO BE NICOLE HEISEL. SHE'S GOING TO COME UP AND KIND OF GIVE YOU GIVE US THE WHY THIS PROJECT IS SO IMPORTANT. THANK YOU. GOOD EVENING. THANK YOU. TYLER. HI. JUST REALLY QUICKLY, I WANTED TO GO OVER LEANDER GROWTH AND THE COMMUNITY OUTREACH BENEFITS THAT WE WANT TO PUT TOGETHER FOR LEANDER SPRINGS. SO, AS YOU KNOW, LEANDER HAS GROWN TREMENDOUSLY. I LOVED THE LEANDER HISTORY LESSON BECAUSE I WENT TO FABIAN ELEMENTARY WHEN IT WAS BRAND NEW. LEANDER CURRENTLY IS 18TH FASTEST GROWING CITY IN THE NATION. BASICALLY, WITH THE EXPLOSIVE GROWTH WE HAVE, OBVIOUSLY LEANDER ISD AWARD WINNING SCHOOLS, 200MI■!S, ALMOST 45,000 STUDENTS RIGHT NOW, 50 SCHOOLS, SIX HIGH SCHOOLS. IT'S JUST A PRIME LOCATION BECAUSE LEANDER SPRINGS WILL BE SET RIGHT AT 183 AND 2243. SO ONCE THE 183 NORTH MOBILITY PROJECT IS COMPLETE IN 2026, YOU'LL BE ABLE TO BASICALLY GO FROM LIBERTY HILL TO DOWNTOWN AUSTIN ON A FLUCTUATING TOLL. AND BASICALLY, YOU KNOW, LEANDER [00:50:02] SPRINGS BRINGS A WHOLE NEW ELEMENT TO LEANDER. I WAS BORN AND RAISED AND GREW UP HERE AND, YOU KNOW, WITH CITY WITH. THE CEDAR PARK CENTER AND THINGS LIKE THAT. IT'S JUST A GREAT PLACE TO GO AND DINE AND, YOU KNOW, YOU KNOW, HAVE PUBLIC AMENITIES. IT'S VERY OPEN SPACE, VERY FRIENDLY, VERY RUSTIC TO THE ESTHETIC OF WHAT WE ALL KNOW IN LEANDER AND OBVIOUSLY INFRASTRUCTURE. WE'VE GOT THE TIA APPROVED AND HERE'S YOUR TIMELINE. SO PRIMARY FOCUS IS CORE CONSTRUCTION 26 THROUGH 28. ADDITIONAL COMMERCIAL RESIDENTIAL ENTERTAINMENT DISTRICTS, 28 THROUGH 38. OBVIOUSLY WE WANT TO, AS WE GO, ALLOW THE DEVELOPMENT TO INTENTIONALLY BE TIMED WITH THE STEADY ECONOMIC MOMENTUM GOING ON AND FULL BUILD OUT. HOPING 2038. SO I'LL BRING ANDREW BACK UP AND THANK YOU FOR YOUR TIME AND THANK YOU FOR YOUR SERVICE. A VERY SHORTLY I WILL TALK ABOUT LEANDER SPRINGS ECONOMIC IMPACT AND JOB CREATION. WE COMPLETED TWO STUDIES ON MARKET ANALYSIS AND ECONOMIC IMPACT OF LEANDER SPRINGS ON THE CITY. SO HERE YOU CAN SEE THE SUMMARY OF JOB JOBS THAT WILL BE CREATED BY THE PROJECT. AND ANNUAL. TAX, AND HOW MUCH BENEFITS THE CITY. AND. CITY OF LEANDER AND LOCAL DISTRICTS WOULD GET FROM THIS PROJECT. THIS OVER 20 YEAR PERIOD. OBVIOUSLY, IT'S NOT GOING TO HAPPEN OVER TIME. THE WHOLE PROJECT IS PROJECTED TO BE FULLY COMPLETED OVER 15 TO 20 YEARS, AND WE HAD CAPITAL, CAPITAL MARKET RESEARCH AND IMPACT DATA SOURCE COMPANIES THAT COMPLETED THESE PROJECTIONS AND THIS RESEARCH. SO AGAIN, THIS IS THE SUMMARY OF. ANNUAL TAX SALES INCREASE IN PROPERTY VALUES AND HOUSEHOLD INCOME. THAT PROJECT WOULD BRING. IF THE AMENDMENT IS APPROVED. AND WE HAD A LOT OF QUESTIONS ABOUT PROJECT FINANCE. AND WE MAKING THIS PRESENTATION TO ADDRESS ALL THE QUESTIONS THAT WE RECEIVED FROM RESIDENTS AND CITY COUNCIL MEMBERS ABOUT THE PROJECT AND HOW IF PART IS APPROVED, HOW IT WOULD HAPPEN. SO I WOULD LIKE TO INTRODUCE SAM MADANI, WHO CAN EXPLAIN ABOUT OUR MAIN METHOD OF FUNDING FOR THE PROJECT. GOOD EVENING. SURE. DELIGHTED TO ADDRESS ALL OF YOU. AND I'VE BEEN IN THIS FIELD FOR A LONG, LONG TIME. 33 YEARS IN AMERICAN IMMIGRATION. I'M SORRY. YOUR. PLEASE SPEAK TO THE. OH, OF COURSE. THANK YOU. SURE. IS THAT GOOD NOW? OKAY. THANK YOU. ALL RIGHT, SO I HAVE TO LOOK HERE, AND I HAVE TO LOOK HERE. I'M GOING TO TRY TO DO BOTH. ALL RIGHT. SO I'VE BEEN IN THE IMMIGRATION LAW FIELD IN THE US FOR 33 YEARS. I'VE PUBLISHED OVER 20 BOOKS ON IMMIGRATION LAW, OVER 25 NOW COVERING EVERY AREA OF AMERICAN IMMIGRATION. I'VE CONDUCTED 600 PLUS CLE SEMINARS, AND I WAS FOR MANY YEARS TEXAS CERTIFIED CLE PROVIDER, CONTINUING LEGAL EDUCATION PROVIDER TO ATTORNEYS IN TEXAS. I HAVE CONDUCTED MORE THAN 350 EB FIVE INVESTOR AND AGENT EVENTS ACROSS THE WORLD IN 15 COUNTRIES. EB FIVE, OF COURSE, IS A GREAT SOURCE OF FINANCING FOR THIS PROJECT AND SIMILAR PROJECTS ACROSS THE COUNTRY. AND NOW I MYSELF RAISE CAPITAL FOR I DON'T DO EVENTS ANYMORE. I DON'T DO BOOKS ANYMORE. I ACTUALLY GO OUT AND RAISE CAPITAL AND THAT'S WHAT I'VE BEEN DOING. LAST YEAR I SPENT 247 NIGHTS IN ASIA, SO MY WIFE STILL SMILES AT ME WHEN I COME HOME. SO I FEEL VERY, VERY FORTUNATE. ALL RIGHT. NOW, JUST A COUPLE OF EXAMPLES OF GIANT DEVELOPMENTS THAT HAVE BEEN FINANCED IN THE UNITED STATES WITH EB FIVE MONEY. THIS IS FROM MY HOME CITY OF NEW YORK. HUDSON YARDS IS THE LARGEST DEVELOPMENT IN MANHATTAN SINCE THE ROCKEFELLER CENTER WAS BUILT IN THE 1960S, AND IT RAISED $1.75 BILLION OF EB FIVE CAPITAL. SO IT'S CERTAINLY A VIABLE FORM OF CAPITAL. EXTELL BUILT THOSE TWO GIGANTIC SKYSCRAPERS THAT STAND OUT LIKE PENCILS ON CENTRAL PARK SOUTH IN MANHATTAN, AND THAT WAS ALSO BUILT WITH ABOUT $1 BILLION OF CAPITAL IN TEXAS. AND IN AUSTIN IN PARTICULAR, THERE HAVE BEEN DEVELOPMENTS THAT HAVE BEEN FINANCED BY EB FIVE CAPITAL. THIS GIVES YOU SOME EXAMPLES. THE ADDRESSES APPEAR RIGHT HERE. SO THESE ARE THESE ARE BUILDINGS THAT ARE RIGHT HERE. AND PEOPLE LIVE WORK, PLAY IN THESE BUILDINGS HERE. THERE ARE [00:55:01] OTHER PLACES IN TEXAS, IN GEORGETOWN AND DALLAS WHICH ALSO THIS IS JUST SOME EXAMPLES. THERE ARE MANY, MANY, MANY. BUT I JUST WANTED TO SHOW YOU SOME EXAMPLES OF EB FIVE BEING A VIABLE SOURCE OF FUNDING. THESE ARE SOME STATISTICS. EXCUSE ME, WHAT EB FIVE HAS DONE. THIS IS MUCH LONGER THAN WE NORMALLY ALLOW, SO IF WE COULD KEEP IT TO WHAT WE NEED TO KNOW FOR THE POD, PLEASE, CERTAINLY I WILL TRY MY BEST. JUST TRYING TO SHOW YOU THE EB FIVE IS A VALID SOURCE OF CREATING JOBS AND GETTING CAPITAL FOR DEVELOPMENT PROJECTS. THAT'S GOOD. THAT'S ALL. THESE ARE SOME STATISTICS ABOUT THE AMOUNT OF MONEY AND ECONOMIC IMPACT THAT EB FIVE HAS CREATED ACROSS AMERICA. TEXAS IN PARTICULAR. THIS IS FROM AUSA, THE INDUSTRY STATISTICAL COMPILER, SHOWING MORE THAN $1 BILLION INVESTED FROM EB FIVE IN TEXAS IN THE PERIOD 2016 TO 19, AND THE OVER 30,000 JOBS SUPPORTED IN THE STATE OF TEXAS. ALL RIGHT, NOW, I WON'T GO THROUGH ALL OF THIS. YOU WANT ME TO KEEP IT SHORT, BUT BOTTOM LINE IS THAT IT'S A MAJOR ECONOMIC IMPACT, THAT E5 IS CREATED ACROSS THE COUNTRY WITHOUT ANY COST TO ANY TAXPAYER. OKAY, BECAUSE IT'S FOREIGN INVESTMENT COMING INTO THE COUNTRY AND CREATING JOBS IN AMERICA. ALL RIGHT. AND THE CITY OF AUSTIN ACTUALLY MAINTAINS A WEB PAGE TO ENCOURAGE PEOPLE, DEVELOPERS HERE TO CONSIDER EB FIVE. AND I THINK THAT COMPLETES MY PRESENTATION ABOUT EB FIVE BEING A VIABLE SOURCE OF FUNDING. THANK YOU, THANK YOU. OKAY, IN ADDITION TO EB FIVE, WE ALSO SECURED C-PACE FINANCE, WHICH IS SUSTAINABLE ENERGY. FINANCE SOURCE. IT'S PETROS FINANCE. PETROS PACE FINANCE PROVIDED US THE TERM SHEET. YOU CAN SEE SUMMARY HERE. AND THE ONLY REASON WE ARE GETTING THIS FUNDING BECAUSE PROJECT IS IS SUSTAINABLE FROM ENERGY AND WATER PERSPECTIVE. AND. TO AS WE MENTIONED IN THE BEGINNING, THE POD MADE IT CLEAR THAT THE LAGOON IS NOT GOING TO USE ANY OF THE CITY WATER. WE ARE USING WATER FROM THE WELL, AND THAT WELL HAS BEEN CONSTRUCTED ON THE SITE. THE WELL TAPS INTO LOWER TRINITY AQUIFER AND THE WELL IS 800FT DEEP AND USING WELL, WE'LL BE ABLE TO FILL THE LAGOON WITHIN 2 TO 3 MONTHS. AND COMPENSATE FOR EVAPORATION. SO EVERY YEAR. ON AVERAGE, IT WOULD BE 2.7 MILLION GALLONS EVAPORATING FROM FOUR ACRE LAGOON. BUT WE WILL WE WILL USE WHATEVER OPERATION CONSERVATION TECHNOLOGY THAT WILL REDUCE THIS NUMBER BY 50 TO 80%. I WILL SKIP MORE DETAILED DESCRIPTION OF HOW IT ALL WORKS AND THE DESCRIPTION. BUT JUST TO KIND OF EXPLAIN EXACTLY WHERE WE ARE TAKING WATER FROM MOST OF THE WELLS CURRENTLY IN THE VICINITY OF LEANDER, THEY'RE MUCH SHALLOWER AND THEY ARE NOT TAKING WATER FROM LOWER TRINITY AQUIFER. LOWER TRINITY AQUIFER IS. COVERING AREA OF 61 COUNTIES AND IT HAS HUGE AMOUNT OF WATER. SO WHAT WE'RE GOING TO TAKE OUT OF THIS AQUIFER IS NOT GOING TO CHANGE THE LEVEL OF WATER. SO WE HIRED HYDROGEOLOGISTS. THEY DID RESEARCH AND ANALYSIS AND. CAME TO CONCLUSION THAT IT'S NOT GOING TO HAVE ANY EFFECT ON VERY SMALL EFFECT, AND IT WILL PROVIDE WATER FOR MANY YEARS TO COME. THIS IS THE WELL THAT HAS BEEN CONSTRUCTED, THE SCHEMATIC. I'M SORRY, WHERE IS THIS? IN THE POD. THIS IS IN PART BECAUSE LAGOON IS NON-ESSENTIAL AND WE WANT TO EXPLAIN WHERE WE ARE TAKING WATER FROM. OKAY. THE FULL EXPLANATION IS NOT IN THE POD. PLEASE KEEP IT TO THE POD SO THAT WE CAN. OKAY. SO. THEN IT'S NOT IN THE POD. BUT WE WOULD LIKE TO EXPLAIN BECAUSE WE REMOVED CRYSTAL LAGOONS, WE WOULD LIKE TO EXPLAIN WHAT TECHNOLOGY WE ARE USING TO KEEP WATER CLEAN. SO I WOULD LIKE TO PRESENT OKAY. SO MOVE FORWARD. AT THIS POINT. YEAH. GOOD EVENING. THANK YOU EVERYBODY. JOE NAVAR, SVP AT WATER. WE ARE A WATER TREATMENT ORGANIZATION BASED OUT OF AUSTIN. I'M A MECHANICAL ENGINEER OUT OF UT AUSTIN, SO BEEN OUT HERE FOR, WELL, IT MIGHT LOOK LIKE I'M 12, BUT [01:00:04] ACTUALLY I'VE BEEN HERE FOR ALMOST TWO DECADES. ENERGY AND WATER BASED. LET'S SEE IF I GET THE CLICKING RIGHT. YEAH. SO WE ARE BUILDING THE WATER BEACH. THE ACTUAL BODY OF WATER THAT IS CENTRAL TO THE DEVELOPMENT OUT HERE. THE OVERALL LIFECYCLE OF THIS ORGANIZATION AND OUR DEVELOPMENT, WE GO ALL THE WAY FROM THE GROUNDWATER SOURCE ALL THE WAY TO SUSTAINABLE RESOURCES AND SUSTAINABLE REUSE OF THE WATER TO PROVIDE A REALLY ATTRACTIVE AMENITY FOR THE DEVELOPMENT. ULTIMATELY, A WATER BEACH, THE OVERALL CENTRAL WATER SOURCE REALLY PROVIDES AN UP VALUE FOR LOCAL HOME VALUES, PROVIDES TREMENDOUS BENEFIT FOR RESTAURANTS AND OTHER ORGANIZATIONS AROUND THE DEVELOPMENT. AND WHAT I FIND FUNNY IS OFTENTIMES A LOT OF ORGANIZATIONS CENTRALIZE A GOLF COURSE FOR THEIR DEVELOPMENTS. WE ACTUALLY UTILIZE 3030 TIMES LESS WATER AND ABSOLUTELY NO KEPT CHEMICALS IN OUR DEVELOPMENT, MAKING OUR ATTRACTION MUCH MORE ATTRACTIVE THAN GOLF COURSES. SO WHEN IT COMES TO WATER TREATMENT, WHAT WE SPECIALIZE IN, WE DO NOT UTILIZE CHEMICALS. WE DON'T UTILIZE MEMBRANES, FILTERS OR WHATNOT. WE UTILIZE VERY LOW CHARGE ELECTRICAL PULSES TO TREAT WATER AND ELIMINATE ALL CONTAMINANTS THAT ARE ACTUALLY IN WATER SOURCES WHERE WATER EFFICIENT. AND WE'RE ALSO ENERGY EFFICIENT IN WHAT WE DO. SO WHEN YOU'RE LOOKING FOR A CENTRAL SOURCE OF MAJOR ATTRACTION IN THE OVERALL REGION, OUR TECHNOLOGY IS IS ACTUALLY VERY ATTRACTIVE. NOW, WATER AS A OVERALL CONCEPT, WATER TREATMENT IS AN OVERALL CONCEPT. EVERYBODY'S TALKING ABOUT MICROPLASTICS. WHAT WHAT ARE WE ACTUALLY CONSUMING? ARE TREATMENT. TECHNOLOGY IS TARGETED TOWARDS ELIMINATING SOME OF THE HIGH PROFILE ISSUES THAT WE FIND IN WATER, WHETHER IT'S CHLORINE BASED OR FILTRATION BASED. WE ACTUALLY TREAT THESE MICROORGANISMS AND ELIMINATE THEM FROM WATER SOURCES, MAKING WATER SUPPLIES ULTRA SAFE. SO ULTIMATELY, OUR WATER FILTRATION TECHNOLOGY MAKES THIS CENTRAL, THIS CENTRAL OPERATION QUITE ATTRACTIVE FOR LEANDER AS A WHOLE. NOW, COMPARED TO CHLORINE BASED OR UV BASED AND EVEN MEMBRANE TECHNOLOGY BASED, WE TREAT ESSENTIALLY ALL OF THE MICROORGANISMS AND CONTAMINANTS IN WATER, ELIMINATING THOSE MAKING OUR WATER SOURCES VERY SAFE FOR PEOPLE TO OPERATE IN. WHEN YOU'RE LOOKING AT VERY CENTRAL, ATTRACTIVE, MAJOR, REGIONAL BASED APPLICATION. THE WATER TECHNOLOGY IS THE OPTIMAL TECHNOLOGY THAT YOU WANT TO GO WITH ON TREATMENT SIDE OF THINGS. WE'RE RECOGNIZED LOCALLY, GLOBALLY AS AN INNOVATIVE TECHNOLOGY COMPANY, OR TECHNOLOGY'S ACTUALLY BEEN EXPANDING NOT JUST IN THE RECREATIONAL SIDE OF THINGS, BUT WE ALSO TREAT FOR MASS WASTEWATER APPLICATIONS. WE'VE ACTUALLY JUST LAUNCHED A DIRECT POTABLE REUSE APPLICATION DOWN IN BUDA, AND WE'RE ALSO DOING SOME DIRECT POTABLE REUSE APPLICATIONS UP IN NEW YORK. WE'VE ALSO GOT SOME REUSE APPLICATIONS OUT IN CENTRAL AMERICA, AFRICA AND ASIA. SO WE ARE NOW GLOBALLY RECOGNIZED, WHICH IT'S KIND OF NICE TO BE HERE IN OUR BACKYARD. I REALLY APPRECIATE ALL OF THIS, BUT YOU'RE NOT ACTUALLY LISTED IN THE POD. SO IF YOU COULD PLEASE GET TO THE PART OF WHAT YOU WOULD BE DOING FOR THIS PROJECT SPECIFICALLY. YES, MA'AM. THIS. EXACTLY. SO THE KEY FOR THIS PROJECT IS GOING TO BE WATER USE, WATER SUSTAINABILITY AND ENERGY SUSTAINABILITY. AND WHERE WE COME INTO PLAY IS ACTUALLY ALL OF THE ABOVE. WE ARE THE MOST ENERGY SUSTAINABLE [01:05:04] SOURCE OF WATER TREATMENT TECHNOLOGY. YOU KNOW, I'LL VENTURE TO SAY, IN EXISTENCE GLOBALLY FOR A BODY OF WATER THIS SIZE, ALL IT'S GOING TO TAKE US IS ABOUT 30 KILOWATT HOURS OF ENERGY CONSUMPTION, WHICH IS PRETTY MUCH COMPARABLE TO A COUPLE HOUSEHOLDS. AND THEN ULTIMATELY, ON THE WATER SUSTAINABILITY SIDE OF THINGS, WE'RE A CLOSED LOOP CYCLE ORGANIZATION. WE ARE NOT GOING TO BE TAPPING INTO THE CITY OF LEANDER FOR OUR WATER. WE'RE GOING TO BE WATER EFFICIENT, WATER SUSTAINABLE. ON OUR END, WE'RE FRANKLY, WE'RE JUST IN ATTRACTION NOW. DON'T TALK TO MY PR TEAM ABOUT THAT. BUT THAT IS WHAT WE ARE. WE'RE CLOSED LOOP. IT'S JUST AN ATTRACTION. WE ARE NOT TAPPING INTO THE CITY OF LEANDER FOR WATER. THERE IS THE WATER SOURCE THAT'S SELF-SUSTAINED OUT OF THE DEVELOPMENT, AND WE HAPPEN TO BE WATER AND ENERGY EFFICIENT. SO WHEN IT COMES TO THE PUD, THE DEVELOPMENT AND WHERE WE COME INTO PLAY. ORGANIZATIONALLY, IT MIGHT SOUND MAYBE UGLY FROM MARKETING SIDE OF THINGS, BUT WE'RE BEHIND THE SCENES. WE'RE NOT TAPPING INTO LEANDER AS IT AS IT TURNS OUT. WELL, LEANDER IS GOING TO END UP SEEING IS A RISE IN HOME VALUE. PRICES RISE IN RESTAURANT VALUATION. AND WHAT IS YOUR ROLE? SCP NO, I MEAN YOUR COMPANY. WHAT IS THE ROLE RELEVANT TO THE PUD? YES, MA'AM. SO WHAT WE ARE DOING IS ACTUALLY IMPLEMENTING THE WATER BEACH AND THE OVERALL DEVELOPMENT OF THE WATER ATTRACTION CENTRAL TO THE DEVELOPMENT. THANK YOU. IS THAT ALL YOUR PRESENTATION? I THINK SO, THANK YOU. OH, ONE MORE THING. IS IT RELATED TO THE PUD? NO THANK YOU. SUMMING IT UP. YES. CLOSED LOOP CYCLE AS IT PERTAINS TO THE DEVELOPMENT, WE ARE TAPPING INTO THE LOWER TRINITY AQUIFER. AND BACK TO ANDRE. THANK YOU. THANK YOU MA'AM. THIS IS THE LAST SLIDE OKAY. THANK YOU. OKAY. SO WE HAD A LOT OF PRESS COVERAGE AND A LOT OF THINGS HAS BEEN MISINTERPRETED. OR WE READ ABOUT DEVELOPMENT AGREEMENT BEING CANCELED AND ALL PROJECT HAS BEEN COMPLETELY CANCELED. SO I WANTED TO MAKE SURE THAT EVERYBODY UNDERSTANDS THAT NOTHING THE THE PROJECT IS STILL ALIVE. WE ARE. BRINGING SUSTAINABLE WATER TECHNOLOGY. WE WILL CREATE A SIGNIFICANT JOB CREATION AND FISCAL BENEFITS FOR THE CITY AND COUNTY. SO WE RESPECTFULLY, RESPECTFULLY REQUEST CITY COUNCIL APPROVAL FOR THE AMENDMENT. AND RECOMMEND CONTINUED SUPPORT AND PARTNERSHIP THROUGH ECONOMIC INCENTIVES. THAT'S ALL. THANK YOU VERY MUCH. THIS IS A PUBLIC HEARING. SO WE DO HAVE SOME PEOPLE SIGNED UP TO SPEAK. PUBLIC HEARING IS NOW OPEN. FIRST UP WE HAVE CLIFFORD HALL. GOOD EVENING MR. HALL. PLEASE GIVE YOUR NAME AND ADDRESS. YOU'LL HAVE THREE MINUTES. GOOD EVENING, MAYOR CLIFFORD HALL, 604 SCENIC PATH OVERLOOK ESTATES ON THE SOUTHWEST CORNER OF THE DEVELOPMENT. THIS IS A BRAND NEW PUD. IT IS NOT AN AMENDMENT RIGHT. AND CITIZEN COMMUNICATION AND CHANGES SHOULD HAVE TIME TO ENGAGE. IF WE CONSIDER OUR FUTURE LAND USE MAP, WHICH IS APPROVED, THE LAND DEVELOPMENT ADJACENT TO OVERLOOK AND HORIZON PARK IS RESIDENTIAL, LIVING FOR ONE HALF OF THE WIDTH OF 1600 FEET OF THE PROPERTY. THE PUTT IS NOT RESIDENTIAL LIVING. SINGLE FAMILY. IT IS MULTI-FAMILY IN THE ENTIRE DEVELOPMENT. WHEN A GOAL OF ZONING IS WRITTEN THAT WE TRANSITION NORMALLY FROM A STATE TO SINGLE FAMILY RESIDENTIAL TO TOWNHOMES AND CONDOS TO MULTIFAMILY BUILDINGS, THIS THIS DOES NOT FOLLOW OUR WRITTEN DESIGNATION OF ZONING TRANSITIONS. THE APPLICANT DID NOT REACH OUT TO OVERLOOK ESTATES HOMEOWNERS ASSOCIATION, AND I WOULD BEG THEM TO APPROVE THAT. THEY DID. THEY ADVERTISED IN THEIR LETTER THAT AFFECTED HOMES. THEY ARE OFFERING A GREAT TWO STORY LIMITATION, MOVING THE LIMIT FROM 35FT TO [01:10:09] 50FT OF THE PROPERTY BOUNDARY. THAT IS QUITE DECEPTIVE. I HOPEFULLY BELIEVE THAT THEY EXPECTED WE WOULD CONSIDER THAT. I WOULD ASK INSTEAD THAT LET'S SET A 250 FOOT BOUNDARY SETBACK IN THAT TRACT K AND BETWEEN OVERLOOK AND HORIZON PARK, AND LIMIT THOSE PARTICULAR DEVELOPMENTS TO TWO STORIES MAX. MUCH LIKE THE DEVELOPMENT BETWEEN LEANDER VILLAGE, PARKSIDE AND LEANDER CROSSING, AND THE CITY DID AGREE TO THE TWO STORY LIMITATION AT THE PROPERTY BOUNDARIES, WHICH ALL APPLAUDED US. FINALLY, I'D LIKE TO TALK WATER. IF WE GO TO A HOTEL, SOMETIMES WE RENT ONE FOR OUR PLACE. WE WE'D LIKE A COMFY BED, AC, MAYBE SOME CURTAINS AND SHOWER PRESSURE. AND IF WE GET THOSE FOUR THINGS, IT'S A PRETTY GOOD PLACE, RIGHT? IN MY OWN HOME, I CAN FIX COMFY BED, I CAN FIX AC, I CAN FIX CURTAINS, I CANNOT FIX PRESSURE. I CANNOT FIX PRESSURE. RIGHT NOW I HAVE 17 EMAILS WITH JUSTIN ALLEN ON OUR LOSS OF PRESSURE. SINCE HORIZON WAS DEVELOPED FROM 65 POUNDS DOWN TO 50, AND WE HAVE NOT BEEN ABLE TO FIX THAT IN TWO YEARS. HERE I SEE A MAP FROM THE ORIGINAL PUD SHOWING THE WATER LINES RUNNING THROUGH THE NEIGHBORHOOD. I'M ON THE 12 INCH LINE RIGHT IN FRONT OF MY HOUSE. THERE ARE ONLY TWO 12 INCH LINES IN THE AREA, ONE ON THE NORTHERN BOUNDARY OF THAT PROPERTY AND ONE ON THE SOUTHERN. DO NOT LET THEM CONNECT TO OUR 12 INCH LINE. THANK YOU FOR YOUR CONSIDERATION AND BEST WISHES. I DO FAVOR THIS PROJECT. I BELIEVE IT IS GOOD FOR THE CITY. I THINK A FEW CHANGES COULD BE MADE. THANK YOU, MR. HALL. ANITA. GOOD EVENING. PLEASE GIVE YOUR NAME AND ADDRESS. YOU'LL HAVE THREE MINUTES. ANITA CHERNOVIK, 708 PALOMAR DRIVE. I WOULD ABSOLUTELY LOVE THIS PROJECT IF WE WERE HOUSTON, TEXAS. ALAS, WE ARE LEANDER, TEXAS IN CENTRAL TEXAS. AND SO IT HAS TO BE ASKED HOW CAN THE CITY APPROVE A FOUR ACRE LAGOON WITH NO CLEAR DOCUMENTATION ON WHERE THE WATER WILL COME FROM? THE DEVELOPER CALLS IT NONESSENTIAL AND SUBJECT TO CONSERVATION, BUT PROVIDES NO EVIDENCE WHETHER IT WOULD RELY ON CITY WATER, RECLAIMED WATER OR ANY SUSTAINABLE SOURCE SHOULD THEY NOT BE ABLE TO GET THE WATER THAT THEY SAY THEY'RE GOING TO BE ABLE TO? WITH LEANDER ALREADY UNDER SUPPLY PRESSURE, RESIDENTS DESERVE STRAIGHT ANSWERS BEFORE COUNCIL SIGNS OFF, THERE'S TALK THAT THE LAGOON COULD BE TOPPED OFF WITH WALL WATER TO REPLACE REPLACE EVAPORATION. BUT HAVE WE LOOKED AT THE ACTUAL WELL DATA IN THIS AREA? THE PORTION OF THE TRINITY AQUIFER UNDER LEANDER IS THE SUBCROP ZONE. SHALLOW, FRAGMENTED, DROUGHT PRONE WELLS HERE, MOST DRILLED DECADES AGO BY RANCHERS, HAVE ALREADY SHOWN REDUCED YIELDS OVER TIME TO SUGGEST YOU COULD RELIABLY PUMP 3 MILLION GALLONS A YEAR FROM A WELL TO OFFSET EVAPORATION IS UNREALISTIC. IF THAT WERE TRULY POSSIBLE, EVERY RESIDENT WOULD BE DOING IT. WELLS RUN DRY, RUN DRY. THEY HAVE TO REPLENISH EVEN WITH EVAPORATION PROTECTION TREATMENTS THAT DEVELOPERS HAVE SUGGESTED, THE SCIENCE IS WEAK. THE MONOMOLECULAR LAYER METHOD THAT WE'RE REFERRING TO ONLY REDUCES EVAPORATION BY ABOUT 19% IN LAB STUDIES, AND THAT'S UNDER STILL WATER CONDITIONS, NOT A RECREATIONAL LAGOON WITH WIND MOVEMENT AND DEBRIS. IT TURNS WATER MURKY AND WAS HISTORICALLY DERIVED FROM SPERM OIL. IN PRACTICE, IT'S A GIMMICK AND NOT A SOLUTION. THERE IS A SUGGESTION THAT THE LAGOON COULD POTENTIALLY BE SUSTAINED BY TYING INTO THE WASTEWATER TREATMENT AND REUSE SYSTEM, REPLENISHING EVAPORATED WATER WITH TREATED EFFLUENT. THAT'S ACTUALLY A CREATIVE AND FORWARD LOOKING CONCEPT, ONE THAT COULD BENEFIT THE CITY IF DESIGNED PROPERLY FOR BROADER USE. BUT FROM A MARKETING AND VIABILITY STANDPOINT, WE SHOULD BE HONEST. HOW ATTRACTIVE IS LAGOON? THAT DEPENDS ON TREATED WASTEWATER FOR TO STAY FULL. THAT'S A SERIOUS CONSIDERATION, BOTH FROM PUBLIC PERCEPTION AND A LONG TERM BUSINESS SUSTAINABILITY. AND LET'S NOT FORGET THE HISTORY. IT'S BEEN REPORTED IN THE AUSTIN BUSINESS JOURNAL, THAT ISLAND HAS ALREADY FACED NEARLY 3 MILLION IN LIENS FROM CONTRACTORS ON THIS PROJECT. THAT RAISES EVEN MORE QUESTIONS ABOUT THE FINANCIAL STABILITY AND DELIVERY. SO WHAT'S THE REALISTIC BUSINESS MODEL OF A LAGOON IN LEANDER? YES, IT COULD BE A DRAW. YES, IT WOULD BE EXCITING TO HOST A MAJOR ATTRACTION HERE. BUT WITH OUR WATER CHALLENGES, DOES IT MAKE SENSE TO GAMBLE ON THIS PARTICULAR PROJECT? OUR CITY MANAGER AND PUBLIC WORKS DEPARTMENT ARE DOING INCREDIBLE WORK TOWARDS WATER SECURITY HEADING INTO 2028. BUT LEANDER WILL KEEP GROWING AND EVERY GALLON MATTERS. A LAGOON SOUNDS FLASHY, BUT AT WHAT COST AND WITH WHAT RISK? THANK YOU. [01:15:04] THANK YOU, MR. NOVICH. DENISE LEWIS. GOOD EVENING, MISS LEWIS. PLEASE GIVE YOUR NAME AND ADDRESS. YOU HAVE THREE MINUTES. HI. DENISE LEWIS, 3336, HERO WAY. AND I JUST WANT TO TALK ABOUT THE WATER. THEY SAID THERE WOULD BE DRILLING INTO THE TRINITY. I HAVE A WELL AT 800FT. EVERYBODY I KNOW IN LEANDER HAS IT WELL ON THE TRINITY. ALL WE HAD TO LOWER OUR PUMP TO 700FT A FEW YEARS AGO BECAUSE IT WENT DRY. AND THAT IS NOT SUSTAINABLE. I HAVE BEEN TOLD BY A USDA AG AGENT THAT THE TRINITY HAS SOMEWHERE SIX, MAYBE EVEN LESS THAN TEN YEARS OF LIFE LEFT. AND THAT IS, I WAS GOING TO DRILL A WELL ON ANOTHER PIECE OF PROPERTY, AND I'VE BEEN ADVISED NOT TO EVEN WASTE MY MONEY TO DO IT. SO THERE IS SERIOUS ISSUES WITH THE TRINITY, AND I DIDN'T COME PREPARED, OR I WOULD BRING THE YOU KNOW, IT'S THAT'S SHORT AND SWEET. PLUS, I DON'T KNOW. TULANE 22, 43 AND 23 WHAT ROADS ARE GOING TO BRING ALL THESE THOUSANDS OF PEOPLE TO THIS PROJECT. THAT'S ALL. THANK YOU. THANK YOU, MISS LEWIS. ELIZABETH MOORE. GOOD EVENING, MISS MOORE. YOU'LL HAVE THREE MINUTES. GIVE YOUR NAME AND ADDRESS, PLEASE. THANK YOU ALL. I'M ELIZABETH MOORE, 137 WEST WINDERMERE, LEANDER. AND PLEASE SEE THE ZONING COMMISSION NOTES WHERE WE WERE TOLD BY THAT GUY OVER THERE THAT THEY WILL USE CITY WATER TO INITIALLY FILL THE LAGOON. AND THEN PUBLIC DOCUMENTS SHOW IT WILL BE USED TO SUPPLEMENT IT. AND EVEN IF YOU COULD PULL WATER FROM DOWN THAT DOWN THAT DEEP, IT'S GOING TO AFFECT THE WATER ABOVE IT. SO I LIVE IN THE RIDGEMOOR NEIGHBORHOOD EAST ON 2243. MY BACKYARD GOES TO NORTH BRUSHY CREEK. THIS DELIGHTFUL BODY OF WATER HAS BEEN CONTINUOUSLY FLOWING FROM A SPRING, A REAL SPRING UPSTREAM OF THE PROPOSED PROJECT, SINCE LONG BEFORE WHITE PEOPLE GOT HERE. DEVELOPMENT SINCE 2011, SUCH AS THE TREATMENT PLANT MARBELLA AND THE RECENT 2243 UNDERGROUND WATER PIPES, HAVE ALREADY DAMAGED THE BANKS DOWNSTREAM, ALLOWING A FOUR ACRE LAGOON TO BE BUILT SO NEAR TO IT. PULLING THE GROUNDWATER THROUGH A WELL COULD SPELL DOOM FOR IT AND THE FISH, BIRDS, REPTILES, MAMMALS, TREES AND PLANTS THAT DEPEND ON NORTH BRUSHY CREEK FOR LIFE. AUSTIN HAS THE LADY BIRD LAKE TRAIL, CEDAR PARK HAS BRUSHY CREEK TRAIL. LEANDER IS TRYING TO GET NORTH BRUSHY CREEK TRAIL. IT'S UP TO YOU ALL WHETHER THAT TRAIL IS GOING TO BE ALONGSIDE A BEAUTIFUL STREAM OR A MOSTLY DRY DRAINAGE DITCH. THE ZONING COMMISSION VOTED DOWN THE PROJECT BECAUSE THEY SAID IT DOESN'T MAKE SENSE FOR US. WITH A RAPIDLY GROWING CITY WITH CHRONIC WATER TROUBLES, TO CREATE YET ANOTHER BIG POOL OF WATER TO HASTEN EVAPORATION, THE JULY FLOODS NOTWITHSTANDING, IF LEANDER WANTS TO GROW AND ATTRACT VISITORS, IT DOESN'T NEED A LAGOON, JUST RESTAURANTS AND SHOPS AND NOT SOME PSEUDO TROPICAL RESORT. THE LAGOON ISN'T THE ONLY PROBLEM. AS WAS SAID, THE CITY'S FUTURE USE PLAN WAS FOR SINGLE FAMILY HOMES, NOT 1200 OR 1600 APARTMENTS IN HOTEL. THEY DIDN'T MENTION THAT, THE DEVELOPERS TOLD THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY THAT THE PROJECT WOULD DISCHARGE 1.4 MILLION GALLONS OF TREATED WASTE AND STORMWATER A DAY. THAT'S IN PERPETUITY. LEANDER MAY NEED APARTMENTS AND HOTELS, BUT NOT IN THIS ENVIRONMENTALLY SENSITIVE AREA. THERE'S POTENTIAL LIABILITY CONSIDERATIONS. T-C-EQ STATES THAT THERE ARE BUSINESSES DOWNSTREAM WHO OWN WATER RIGHTS. WHILE I FIND THIS REPUGNANT, IT DOES RAISE THE SPECTER THAT VOTING FOR ANYTHING THAT DAMAGES NORTH BRUSHY CREEK AND DRIES IT COULD RESULT IN COSTLY LEGAL BATTLES FOR THE CITY. ANY COUNCIL MEMBER WHO DECIDES TODAY TO PUT DEVELOPMENT AND SHORT TERM ECONOMIC GAINS OVER NATURE AND CONSERVATIVE SENSE, MAY SOMEDAY BE HELD TO ACCOUNT. WISE LEADERS CONSIDER HOW THEIR DECISIONS WILL AFFECT MANY GENERATIONS TO COME. I HOPE YOU WILL DECIDE WISELY AND SAY NO TO LEANDER SPRINGS. AND IF THAT MEANS THE WHOLE THING IS JUST A LITTLE SPROUTS AND THEY KEEP PAYING TAXES, THAT'S BE FINE WITH ME. THANKS. THANK YOU, MISS MOORE. THERE'S NOBODY ELSE SIGNED UP TO SPEAK ON THIS ITEM. IS THERE ANYBODY ELSE WHO WISHES TO SPEAK? ALL RIGHT. WITH THAT, THE PUBLIC HEARING IS NOW CLOSED. WE'LL NOW DISCUSS AND CONSIDER ACTION REGARDING ZONING CASE Z-240114. AS PREVIOUSLY DESCRIBED. COUNCIL, I THINK EVERYBODY PROBABLY HAS A COMMENT ON THIS ONE. SO LET'S GO DOWN THE LINE. NO PRESSURE. PLACE ONE. THANK YOU MAYOR. THANK YOU FOLKS WHO SUBMITTED COMMENTS ONLINE AND FOLKS WHO JUST SPOKE NOW TO THE FOLKS THAT PRESENTED. I WANT TO THANK YOU FOR YOUR THOROUGH PRESENTATION, SOMETHING THAT I WAS A LITTLE BIT ALARMED ABOUT [01:20:02] WAS THE LACK OF INFORMATION THAT WE RECEIVED PRIOR TO THIS MEETING. FOR MANY OF US, THIS IS THE FIRST TIME THAT WE'VE HEARD DETAILED PLANS ON THIS AMENDMENT. I KNOW THAT THERE IS A PIECE OF PAPERWORK THAT INDICATES PRIOR COMMUNITY OUTREACH, AND I DON'T FEEL LIKE THERE'S BEEN AN ADEQUATE AMOUNT OF COMMUNITY OUTREACH WITH REGARDS TO THIS AMENDMENT. WAS THAT ALL YOUR COMMENTS FOR NOW? THANK YOU. PLEASE DO. SO I HAVE SOME QUESTIONS. SO IF SOMEBODY ANDRE IF YOU COULD COME UP OR WHATEVER. SO ON THE VERY LAST SLIDE OF YOUR PRESENTATION YOU HAD AT THE VERY BOTTOM, IT SAID YOU WANT APPROVAL FOR A 380 AGREEMENT. NO, IT SAYS RECOMMEND CONTINUED SUPPORT AND PARTNERSHIP THROUGH EXISTING ECONOMIC INCENTIVES. SO THOSE DO WE HAVE THOSE BEFORE AND THEY'VE ALL LAPSED AND EVERYTHING. IS THAT RIGHT. YES. OKAY. AND SO THAT'S NOT PART OF THIS RIGHT. NO IT'S NOT OKAY. THE OTHER PART IS IS ON THE ON THE SLIDES HERE YOU TALK ABOUT THE LOWER TRINITY. BUT IN THE DOCUMENTS WE RECEIVED WE WERE TALKING ABOUT THE MIDDLE TRINITY. THEY SAID THAT THE LOWER TRINITY, WHEN YOU DRILL DOWN THERE, YOU PLUGGED IT BECAUSE IT WAS THE I THINK THE SALINITY OR SOMETHING WAS TOO HIGH ON IT. SO YOU'RE TALKING ABOUT THE MIDDLE TRINITY. IS THAT LOWER TRINITY? AND JUST TO CLARIFY, THE WELL HAS BEEN CONSTRUCTED. THE TESTING HAS BEEN DONE. IT'S 100 GALLONS PER MINUTE. AND WATER THERE AT THE LEVEL OF 500FT, 500FT TO 550FT. SO THERE IS IT'S ALWAYS BEEN DONE. AND TESTING HAS BEEN DONE AND SUBMITTED TO THE STATE. SO I'M I'M CONFUSED. THE DOCUMENT SAYS IT WAS DECIDED THAT LOWER TRINITY AQUIFER WAS TO BE PLUGGED, AND THE FINAL PRODUCTION WELL WAS COMPLETED IN THE MIDDLE TRINITY AQUIFER SCREEN BETWEEN 572 AND 737FT. SO IS THAT SO? SO IS THAT WHERE WE'RE TALKING ABOUT THE TRINITY? ARE WE TALKING ABOUT THE LOWER TRINITY? OKAY. THAT'S WHY WE HAVE THIS. YES. OKAY. AT THE BOTTOM OF THE WELL THAT'S 800FT. BUT WATER IN LOWER TRINITY AQUIFER IS UNDER PRESSURE. SO WHEN WE DRILL THE WELL THE WATER, IT GOES UP THE PIPE AND THEN YOU'RE PULLING IT DOWN. AND THE WELL, WHEN IT PULLS IT DOWN, IT PULLS IT DOWN TO PORT. BECAUSE YOU DON'T YOU DON'T ACTUALLY GET DOWN TO THE WATER LEVEL FOR THE FILLING IF YOU DO THE CONTINUOUS FILLING EVERYTHING. NO. WE GO DOWN ALL THE WAY TO THE I MEAN, IT DOESN'T I MEAN, THE PIPE FILLS WITH WATER AND IT'S UNDER PRESSURE. AND SO YOU'RE BASICALLY YOU'RE PULLING IT DOWN. IT NEVER ACTUALLY GETS DOWN TO THE LOWER TRINITY. THAT'S WHAT THE PUMP THAT'S THE THE WELL INSULATED. THE WELL DOESN'T TAKE WATER ANYWHERE EXCEPT LOWER TRINITY RIGHT I UNDERSTAND, GO AHEAD. YES. SO WE ARE THE WELL IS DRILLING DOWN INTO THE LOWER TRINITY AQUIFER AND THAT RANGES IN A COUPLE OF HUNDRED FEET. THAT AQUIFER IS UNDER PRESSURE. THAT'S WHAT BRINGS WATER BACK UP TO THE SURFACE. AND THAT IS THE WATER THAT IS BEING CIRCULATED INTO THE WATER BEACH. IT IS THE LOWER TRINITY AQUIFER, AND THAT'S THE WATER YOU'RE LOOKING AT TREATING AND EVERYTHING. YOU'RE GOING TO RUN IT THROUGH THE WATER, CORRECT? CORRECT. SO THAT IS A SUBSURFACE AQUIFER, ABOUT 600 TO 1000FT SUBSURFACE, SEPARATE FROM ANY OTHER WATER SOURCE AT THAT POINT. OKAY. SO THEN MY QUESTION ON THE YOU MAKE A POINT OF POINTING OUT THAT THE CLASSIFICATION IS FOR NON NON-ESSENTIAL USE. SO DOES THAT. WHAT IS THAT EXACTLY DO AND DOES THAT IMPACT. THE THE THAT THAT WAS REQUESTED FROM THE CITY STAFF TO MAKE IT CLEAR THAT LAGOON IS NON-ESSENTIAL USE AND AS NON-ESSENTIAL USE. WE WE CAN'T WE HAVE DEVELOPED AN AGREEMENT WITH THE CITY AND CLEARLY SPELLS OUT THAT LAGOON IS NOT GOING TO BE USING CITY WATER, RIGHT. IT'S GOING TO BE USING THE WELL WATER. BUT IF THERE'S NO WELL WATER AND IT GOES DRY. SO BECAUSE IF THERE'S WATER THERE, SOMEBODY'S GOING TO SUCK IT OUT, RIGHT? SO WE KNOW LIBERTY HILL DOESN'T HAVE ENOUGH WATER. WE KNOW THAT GERALD, EVERY TOWN AROUND HERE DOES NOT HAVE ENOUGH WATER. AND THEY DON'T HAVE ACCESS TO TO LAKE TRAVIS. AND SO THEY'RE GOING TO GO AND DRILL WELLS IN SOME MANNER AND PULL THAT WATER OUT. SO, SO AT SOME POINT THERE'S GOING TO BE NO WATER DOWN THERE BECAUSE EVERYBODY'S SUCKED IT OUT UPSTREAM OR SOMEWHERE ALONG THE, THE. OKAY. SO WHEN IT COMES DOWN TO DRILLING INTO AQUIFERS AND SUBSURFACE RESERVOIRS, THINK OF IT AS A LARGE SPONGE. THEY ARE LOCALIZED SPONGES SUBSURFACE THAT YOU NEED TO DRILL DOWN TO AND DIRECTIONALLY PENETRATE THAT SUBSURFACE RESERVOIR. SO [01:25:05] WHAT WE'RE DOING OUT HERE IN LANDER AND WHAT THE DEVELOPMENT HAS DONE IS THEY'VE TAPPED INTO THE THIS OFFER THAT IS LOCALIZED. SO IF YOU'RE IN BERMUDA, YOU CANNOT JUST DRILL DOWN ACROSS THE CITY OF AUSTIN AND TAP INTO THIS RESERVOIR. IT'S HIGHLY LOCALIZED. THAT IS WHY THIS RESERVOIR IS VERY SPECIFIC TO THIS DEVELOPMENT. NOW, YES, I INVITE EVERYBODY TO GO DRILL A WELL. IT IS CAPITAL INTENSIVE. OF COURSE. YOU IT'S I MEAN, IF EVERYBODY WANTED TO DRILL A WELL IN THEIR BACKYARD, IT RUNS A PRETTY SUBSTANTIAL AMOUNT OF CAPITAL. YES. TO GET DOWN ABOUT 1000FT. SO WHAT? EXCUSE ME? WHAT THE DEVELOPMENT HAS DONE IS THEY'VE SIMPLY DRILLED A PRIVATE WELL ON THE ACREAGE, SPECIFICALLY DOWN INTO THIS OFFER. AND THEY'RE PROVIDING THEIR SELF-SUSTAINING WATER SOURCE. YES. SOMEBODY CAN GO DRILL THEIR. WELL, NO, IT'S ACTUALLY NOT LEGAL TO DRILL FROM BUDA LATERAL, ABOUT 40 MILES UP NORTH INTO THIS AQUIFER. BUT THEY COULD DO IT OFF A NAMELESS ROAD. THEY COULD DO IT OFF OF BAGDAD ROAD. THEY COULD DO IT OFF ANYWHERE. THAT'S IN THE, IN ESSENCE, THE ETJ OR ANY SPOT IN THE CITY. THAT'S. YES, THAT'S HOW IT WORKS FOR PRIVATE ACREAGE. I'VE GOT A FEW WELLS ON, ON MY. SO MY OTHER QUESTION AND THIS MIGHT BE FOR OUR LAWYER OR SOMETHING LIKE THIS WOULD BE ARE THEY SO WITH THE WELL THEY START DOING THE LAGOON AND ALL OF A SUDDEN SOMEBODY DECIDES THEY WANT TO CREATE A GROUNDWATER CONSERVATION CONSERVATION DISTRICT. HOW WOULD THAT IMPACT THIS PROJECT? I DON'T I DON'T KNOW THE ANSWER TO THAT QUESTION. I'M SORRY. WITHOUT. YEAH, NO PROBLEM. I SHOULD HAVE PROBABLY. I PROBABLY SHOULD HAVE YEAH. I MEAN, BUT THAT WOULD BE ONE CONCERN WOULD BE THAT SOMETHING THAT COULD HAPPEN AND I DON'T EXPERIENCE WITH WATER. MAYBE HE HAS SOME GUIDANCE ON THAT OR SOMETHING. WELL, NO, I KNOW IN SOME OTHER AQUIFERS, EDWARDS AND OTHER AREAS OF THE TRINITY WHERE GROUNDWATER DISTRICTS HAVE BEEN ESTABLISHED, THERE'S SOME DOCUMENTATION TYPICALLY OF HISTORICAL USE. AND THEN TYPICALLY THERE IS A VERIFICATION OF THAT AND LIMITS THAT ARE ESTABLISHED BASED ON WHAT YOUR HISTORICAL USE WAS OVER. SO THERE'S KIND OF A GRANDFATHERING TYPE, RIGHT? I THINK THAT'D BE FAIRLY TYPICAL. BUT UNLESS THEY DESIGNATE THOSE ABUSES OR THINGS LIKE THAT, AND THEN THEY WOULD STRAIGHTEN THOSE OUT OR SOMETHING LIKE THAT. RIGHT. AND TYPICALLY THERE'S GOING TO BE SOME SORT OF OF PERMITTING REQUIREMENT OVER A PERIOD OF TIME. SO THERE'S TRACKING, MONITORING THOSE TYPES OF THINGS THAT ARE TYPICALLY REQUIRED OKAY. FINE. MAYBE JUST TO THE MICROPHONE. YEAH. YOU CAN COME UP TO THE MICROPHONE IF I MAY JUST ON HOW DOES THAT APPLY TO PRIVATE ACREAGE. PRIVATELY HELD ACREAGE. AGAIN WHAT THEY WOULD TYPICALLY DO OR WHAT WE'VE SEEN OTHER PLACES IS YOU HAVE A WELL THAT'S THERE. YOU HAVE A GROUNDWATER DISTRICT THAT'S ESTABLISHED. YOU'LL HAVE CERTAIN RIGHTS TO BE ABLE TO PRODUCE. TYPICALLY, IT'S LOOKING AT WHAT YOUR HISTORICAL USE HAS BEEN, AND THEN YOU'VE GOT PUMPING LIMITS OR PUMPING STANDARDS THAT ARE ESTABLISHED BASED ON THE HISTORICAL USE. YOU. OKAY. YEAH. THANK YOU. SO SO I LIKE THE CONCEPT OF THE LAGOON, I THINK AS IT NEEDS TO BE SUSTAINABLE. AND SO TO ME THAT'S MORE ABOUT, YOU KNOW, WHERE DOES THE WATER COME FROM? I DON'T SEE IT NECESSARILY A WELL BEING SUSTAINABLE. THERE'S OTHER SOURCES OF WATER. WATER BASED ON YOUR STUFF CAN CAN BASICALLY CLEAN ANY WATER AND IT CAN MAKE IT IT CAN TAKE WASTE WATER AND TURN IT INTO DRINKING WATER. I THINK THAT'S WHAT I HEARD YOU SAID. AND YOU'RE LOOKING AT DOING THAT IN BUDA. AND SO SO THAT IS SOMETHING TO CONSIDER WITH THIS SINCE, YOU KNOW, I THINK, YOU KNOW, SINCE IT IS NEXT TO THE WASTEWATER TREATMENT PLANT AND WE ARE LOOKING TO EXPAND TO THAT. AND THAT'S ONE THING THAT WE DON'T HAVE. WE, YOU KNOW, THE CITY MAY WANT TO CREATE A MARKET FOR THAT WATER. SO SO I THINK CONCEPTUALLY I LIKE KIND OF THE IDEA AND STUFF, BUT I HAVE A PROBLEM WITH THE FEASIBILITY OF IT ONGOING AND FILLING IT AND EVERYTHING AND GETTING IT OUT. AND MY CONCERN IS WOULD BE THAT AS WE BUILD SOMETHING, BECAUSE IT'S CLEAR FROM THE DOCUMENT, FROM YOUR PRESENTATION, IS THAT EVERYTHING HINGES ON THE LAGOON. AND WITHOUT THE LAGOON IT DOESN'T GO. AND AND EVEN WITH THE LAGOON, IT STILL HAS IT HAS OTHER THINGS THAT HAVE TO BE CONSIDERED. BUT WITHOUT THAT, [01:30:02] WITHOUT THE WATER, WITHOUT ALL THAT, IT'S A REAL PROBLEM. AND SO THAT TO ME IS THE THING THAT KIND OF DRIVES ME ON THIS. AND I THINK IF WE CAN COME BACK WITH A SOLUTION THAT, THAT, THAT THAT MEETS DIFFERENT REQUIREMENTS OR SOMETHING, YOU KNOW, FOR ME, I THINK THEN IT'S SOMETHING WE I COULD STRONGLY CONSIDER. BUT UNTIL WE GET THERE, I DON'T SEE HOW I COULD ACTUALLY APPROVE IT. SO I'M JUST THAT'S THAT'S WHERE I STAND. SO I'LL SEE THE REST OF MY TIME. THANK YOU. PLEASE, THANK. SO WE'VE BEEN TALKING ABOUT WATER, BUT I ALSO WANT TO THANK OUR CITIZENS FOR COMING OUT AND SHARING THEIR THEIR VIEWPOINTS AND OPINIONS ON THIS AS WELL, BECAUSE WE DO SERVE YOU. SO I UNDERSTAND THE PRIMARY SOURCE IS THE WELL, BUT ARE THEY ABLE TO TAP INTO OUR CITY WATER TO ACTUALLY SUPPLEMENT THAT IF NEEDED? THAT'S WHAT I WANT TO KNOW. SO THE DEVELOPMENT AGREEMENT DOES ALLOW THEM TO USE CITY WATER TO FILL THE LAGOON AND TO ADD TO IT. IF THEY LOSE WATER, IT DOES HAVE TIME FRAMES WHERE THEY'RE NOT ALLOWED TO USE IT. THEY REVOLVE AROUND TIMING WITH DROUGHT. THE REASON WE ADDED THE WHAT IS IT? UNNECESSARY? NONESSENTIAL? SORRY I'M TIRED. THE THE NONESSENTIAL. IT'S IN LINE WITH OUR CONSERVATION LANGUAGE. SO THAT WAY IF WE HAVE LIKE WE GO INTO A CERTAIN PHASE, IT'LL ALSO APPLY TO THEIR USE OF THE WATER. ARE THEY CAPPED AT USAGE PER DAY? SINCE WE'RE 200,000 GALLONS PER DAY. OKAY. ALL RIGHT. THANK YOU. PRO TEM. I WAS JUST GOING TO SAY I LIKE THE IDEA OF ADDING ENTERTAINMENT VALUE TO LEANDER. MY MAIN CONCERN IS, IS THERE A TRUE ABILITY TO NOT ONLY START THIS PROJECT, BUT TO BUILD IT AND TO ACTUALLY COMPLETE IT BASED ON THE INFORMATION THAT'S BEEN SHARED. AND I'M ALWAYS GOING TO BE LOOKING AT OUR WATER AND BE CONCERNED ABOUT THAT, ESPECIALLY SINCE I WORK WITH BCR, UA AND MAKING SURE THAT WE HAVE WATER FOR LEANDER, CEDAR PARK AND ROUND ROCK. AND WHEN I THINK ABOUT WATER REDUNDANCY AND THE FACT THAT YOU WOULD BE LEANING ON CITY USAGE TO FILL THE LAGOON, AND POTENTIALLY IF THERE'S ANY MAINTENANCE THAT NEEDS TO HAPPEN TO THE LAGOON AND YOU'RE UNABLE TO GET WATER FROM YOUR WELL, FOR WHATEVER REASON, IT SEEMS THAT IT WOULDN'T BE THE BEST USE OF OUR RESOURCES AS A CITY RIGHT NOW TO GO AHEAD AND DEDICATE THAT THAT TO THIS PROJECT, TO ME AT THIS TIME. NOW, WE KNOW IN 27 THAT WE HAVE SOME PROJECTS COMING ONLINE. WE SHOULD HAVE MORE AVAILABILITY TO TREAT OUR WATER AND TO MOVE IT THROUGHOUT THE CITY AT THAT TIME. BUT THAT'S NOT RIGHT NOW. AND SO THAT WOULD BE MY CONCERN REALLY, IS THE WATER REDUNDANCY. AND ALSO IN THINKING ABOUT SOME OF THE COMMENTS THAT WERE MADE. AND I'M NOT SURE IF THIS IS TRUE OR NOT, BUT ARE THERE ACTUAL, YOU KNOW, LIENS ON WITH THIS DEVELOPMENT AND WITH THIS PROJECT AND ON THIS LAND? THAT'S A CONCERN FOR THE ABILITY TO REALLY FINISH IT. IS IT GOING TO BE STOPPED AT SOME POINT BECAUSE OF WHATEVER IS GOING ON FINANCIALLY WITH THE PROJECT? SO THOSE WOULD BE MY MAIN CONCERNS ABOUT THE PROJECT TO ADDRESS IT. I'M JUST GOING TO ASK IF HE WAS I THOUGHT HE WAS COMING. YEAH. IF HE WANTS. YES, PLEASE. WELL, RIGHT NOW THERE ARE NO LIENS ON THAT PROPERTY. OKAY. SO THAT INFORMATION THERE IS A MORTGAGE, BUT THERE IS NO LIENS. AND THAT'S I MEAN, THE WHOLE SITUATION WITH THE LIENS IN PROPERTY DEVELOPMENT AND CONSTRUCTION INDUSTRY, THIS IS NORMAL PROCESS WHEN. SUBCONTRACTORS PROTECT THEIR INVESTMENT AND WANT TO BE PAID. AND THEY PUT ON THE PROPERTY. SO THERE IS NOTHING EXCEPTIONAL ABOUT IT. THAT'S WHY WE WERE TRYING TO ADDRESS THESE CONCERNS BY TALKING ABOUT EB FIVE AND CPS. THAT'S THE EB FIVE IS APPROVED UP TO 79.2 MILLION CPS IS APPROVED UP TO 90 MILLION. SO THAT WAS IT WAS PART OF OUR PRESENTATION BECAUSE I KNOW THAT THIS IS CONCERN AND WE TRY TO ADDRESS IT IN OUR PRESENTATION. THANK YOU. I APPRECIATE THE EFFORT. AND I THINK A GRAND ENTERTAINMENT VENUE FOR LEANDER WOULD BE FANTASTIC. I WAS ACTUALLY PART OF PLANNING AND ZONING SEVERAL YEARS AGO WHEN THIS PROJECT CAME BEFORE US. AND QUITE FRANKLY, I'M JUST NOT COMFORTABLE WITH THE WATER SITUATION AND WHERE THAT IS AND WHERE THAT WATER IS GOING TO COME FROM. AND I REALLY DIDN'T SEE ANYTHING TONIGHT THAT CHANGED MY MIND ON THAT. BUT I APPRECIATE YOU ALL BEING HERE. OKAY. I GUESS I'M THE LAST ONE. I, WE MET BACK IN IN JUNE AND I TOLD Y'ALL I WOULD BE FAIR, BUT [01:35:03] I ALSO TOLD YOU I HAD A NUMBER OF CONCERNS THAT I WANTED TO SEE SPELLED OUT IN YOUR PUD. AND I'M REALLY DISAPPOINTED THAT FIVE YEARS INTO THIS PROJECT, THIS IS THE STATE OF THE PUD. SO THE NUMBER ONE CONCERN I MENTIONED IN OUR MEETING WAS, SINCE YOU ARE NO LONGER AFFILIATED WITH CRYSTAL LAGOONS, WHAT THE DEFINITION OF LAGOON WAS GOING TO BE, AND SO ON. PAGE 1.3, LAGOON IS DEFINED AS THE CRYSTALLINE LAGOON, NO LESS THAN FOUR ACRES IN SIZE, THAT IS BUILT AND MAINTAINED USING A PATENTED TECHNOLOGY WITH A MINIMUM AMOUNT OF ADDITIVES AND ENERGY. THERE ARE NO SPECIFICS THERE. THERE IS NO INDUSTRY STANDARD THERE THAT IS VERY LOOSE WORDING. YOU CAN COME IN AND ADDRESS IT OR I CAN KEEP GOING. WE SIGNED THE DEAL WITH WATER JUST TWO WEEKS AGO, AND THE PADDLING PAD AMENDMENT LANGUAGE WAS FINALIZED IN MARCH. SO IF CITY COUNCIL MEMBERS SUGGEST THAT WE ADD SPECIFICALLY THAT IT'S A WATER TECHNOLOGY AND WE CAN WE'RE HAPPY TO ADD ANY CLARIFICATIONS THAT WHAT EXACTLY IT IS AND HOW IT WORKS. THANK YOU. MOVING ON TO PAGE TWO, D5. YOU TALK ABOUT HOTELS. HOTELS MAY BE CONSTRUCTED WITHIN THE PUD OVERLOOKING THE LAGOON, A MINIMUM OF ONE HOTEL THAT MEETS THE REQUIREMENTS OF THIS SECTION SHALL BE CONSTRUCTED BY THE DEADLINE SET FORTH IN SECTION ONE. PHASE TWO THE HOTEL YOU GO ON TO TALK ABOUT FULL SERVICE, UPSCALE SELECT SERVICE HOTEL AND THAT PHASE FOUR OF THE PUD MAY NOT PROCEED IF A CERTIFICATE OF OCCUPANCY FOR THE HOTEL IS NOT ISSUED AS SET FORTH. THE HOTEL SHALL HAVE A MINIMUM OF FIVE STORIES, 275 ROOMS, APPROXIMATELY 90,000FT■!, AND SHALL BE A FULL SERVICE, NATIONALLY BRANDED AND FRANCHISED OR MANAGED UPSCALE HOTEL CONSTRUCTED ON THE PROPERTY IN ACCORDANCE WITH CITY APPROVED PLANS. THE HOTEL INDUSTRY IS VERY FICKLE. IT IS VERY DIFFICULT TO TO GET GUARANTEES AND SO DO YOU HAVE A CONSULTANT OR SOMEBODY ON YOUR TEAM THAT HAS EXPERIENCE WITH THESE HOTELS? WELL, WE COMPLETED THE HOTEL STUDY AND THESE NUMBERS THAT 275 ROOMS AND 20,000FT■!S AND 90,000, THAS ALL FROM THE HOTEL STUDY REPORTS. AND WE ARE REALLY WYNDHAM HOTELS IS ACTUALLY PREPARED TO INCENTIVIZE US TO USE THEIR BRAND AND THEIR DESIGN. SO IF WE ARE PROCEEDING CURRENTLY, HOTEL IS NOT PART OF PHASE ONE. IT'S PHASE TWO. AT LEAST IT'S NOT PART OF PHASE ONE. SO BUT WE DO HAVE VERY STRONG INTEREST FROM MAJOR BRANDS OKAY. THAT'S GREAT. PART OF THAT IS IT SAYS PHASE FOUR OF THE PUD MAY NOT PROCEED IF A CERTIFICATE OF OCCUPANCY FOR THE HOTEL IS NOT ISSUED AS SET FORTH IN SECTION ONE. WHAT IS PHASE FOUR OF YOUR PUD? THE WAY PAD IS WRITTEN, WE HAVE PHASE ONE 352 APARTMENTS. WE HAVE PHASE TWO. AFTER PHASE ONE, WE CAN BUILD 100,000FT■!S OF RETAI, COMMERCIAL, 250 APARTMENTS. SO IN A WAY, YOU KNOW, WE BUILD FIRST 350 APARTMENTS, THEN WE BUILD 250 TO 50 AND SO ON UNTIL WE REACH 1200. SO THERE IS NO KIND OF IT'S NOT MARKED ON THE PLAN WHERE PHASE 2 OR 3 IS GOING TO BE, BUT IT'S KIND OF FORMULA THAT DEFINES THAT. HOW MANY APARTMENTS WE HAVE TO HOW MANY SQUARE FEET OF COMMERCIAL RETAIL WE HAVE TO BUILD FOR EVERY 250 APARTMENTS. SO THE GUARANTEE THE CITY HAS THAT YOU'RE GOING TO BUILD THIS HOTEL WITH WYNDHAM IS THAT YOU WON'T BE ABLE TO MOVE ON TO PHASE FOUR, BUT THIS IS THE ONLY PLACE IN YOUR PUD THAT PHASE FOUR IS MENTIONED. THERE IS NO PHASE FOUR TO YOUR PLAN, SO THERE'S NO GUARANTEE TO THE CITY. WELL, YES. OFFICIALLY YES. THIS IS ALL WE HAVE TO GO. OKAY. YEAH. BECAUSE INITIALLY THE PHASE FOUR WAS THAT 400 APARTMENTS THAT WERE REMOVED. THAT WAS THE LAST PHASE. NOW THAT WAS REMOVED. AND THAT'S WHY THERE IS NO PHASE FOUR. BUT. TECHNICALLY THERE IS PHASE FOUR. YEAH, I AGREE THAT PROBABLY SHOULD BE CLARIFIED. CONTINUING ON IN THE ALLOWABLE AND PROHIBITED USES NUMBER SEVEN, THE FOLLOWING USES SHALL BE PROHIBITED. AND YOU GIVE A LISTING OF OF SEVERAL THINGS. I THINK IT COULD BE A LITTLE BIT BROADER, BUT F TRANSPORTATION RELATED FACILITIES INCLUDING COMMERCIAL PARKING LOTS, PASSENGER TERMINALS, TAXI CAB STATIONS AND MASS TRANSIT TERMINALS EXCLUDING FACILITIES SUCH AS A TRI TRACK STATION AS DEFINED BY THE STATE OF TEXAS TRANSPORTATION CODE. CAN YOU EXPLAIN WHAT THAT MEANS? DOES [01:40:03] THAT MEAN CAPMETRO CANNOT OPERATE THEIR. I DON'T KNOW HOW TO ANSWER THIS QUESTION. YOU'RE ASKING CAPMETRO CAPMETRO, WHICH PROVIDES TRANSIT SERVICES HERE? WELL, WE DON'T HAVE CAPMETRO ON ON THIS SITE, RIGHT. PICK UP SERVICE. YEAH. CAPMETRO HAS A BUS. IS THERE ANY KIND OF WOULD THEY BE ALLOWED TO PUT A FACILITY THERE SO I CAN HELP WITH THAT? THIS COMES FROM OUR COMPOSITE ZONING ORDINANCE. SO THIS IS IF YOU'RE TRYING TO OPEN UP LIKE A GREYHOUND STATION OR A COMMERCIAL PARKING LOT. AND THAT WASN'T THE INTENT OF THEIR DEVELOPMENT. OKAY. THANK YOU VERY MUCH. MOVING INTO NUMBER EIGHT. ONE SECOND. OKAY. IN NUMBER EIGHT, YOU'RE TALKING ABOUT MIXED USE DEVELOPMENTS. YOU'RE TALKING ABOUT VERTICAL MIXED USE. EXHIBIT F, GROUND FLOOR RETAIL IDENTIFIES THE STREETS THAT WILL HAVE ONLY FIRST FLOOR RETAIL FRONTAGE WITHIN THE VERTICAL MIXED USE DEVELOPMENT USES ASSOCIATED WITH MULTIFAMILY DEVELOPMENT, SUCH AS LEASING OFFICES, LAUNDRY FACILITIES, FITNESS FACILITIES OR SIMILAR USES MAY NOT BE LOCATED ON THE GROUND FLOOR OF VERTICAL MIXED USE. SO YOU'RE TALKING ABOUT JUST COMMERCIAL ONLY ON THE GROUND FLOOR? YES, THAT IS VERY HARD TO DO. DO YOU HAVE A COMMERCIAL PARTNER TO ASSIST YOU WITH THAT? I DID MENTION THAT I CAN'T ANNOUNCE IT, BUT WE ARE IN NEGOTIATIONS WITH MAJOR DEVELOPMENT COMPANY. OKAY. AND HAVE YOU EVER DONE VERTICAL MIXED USE BEFORE? YES, MY FIRST PROJECT, MIXED USE. I'VE DONE IN 2000, SEVEN, 2007. AND WHERE WAS THAT? THAT WAS IN MELBOURNE, AUSTRALIA. OKAY. AND IT WAS SIMILAR WHERE YOU HAD ALL COMMERCIAL ON THE BOTTOM AND THEN RESIDENTIAL UP TOP. YES. EXCELLENT. AND UNDERGROUND PARKING UNDERNEATH. AWESOME. THANK YOU. NUMBER TEN FOOD TRUCKS, MOBILE FOOD UNITS, MOBILE FOOD ESTABLISHMENTS, TEMPORARY RETAIL ESTABLISHMENTS AND FARMERS MARKETS, ALL AS IDENTIFIED OR AS DEFINED AND REGULATED BY STATE LAW, SHALL BE PERMITTED ON ANY TRACT WITHIN THE SPUD IN COMPLIANCE WITH THE ZONING ORDINANCE. IF THIS MOVES FORWARD, I'M NOT COMFORTABLE WITH THAT BEING JUST ALLOWED BY RIGHT ON ANY TRACK THROUGHOUT THE THING, I THINK. I THINK THAT WOULD NEED TO BE NARROWED. GOING ON TO E OUTDOOR EVENT STANDARDS. NUMBER ONE, OUTDOOR ENTERTAINMENT EVENTS THAT GENERATE NOISE, INCLUDING THOSE INVOLVING OUTDOOR AMPLIFIED SOUND SYSTEMS, SHALL BE INSTALLED WITH THE SOUND DIRECTED TOWARDS 183, A TOLL ROAD AND OR FM 2243. UNFORTUNATELY, SOUND IS NOT JUST IN ONE DIRECTION SOUND. THERE'S A LOT TO IT. AND WE WE HAD A GOOD EDUCATION IN THAT SEVERAL MONTHS AGO ON ANOTHER PROJECT. SO IF THIS WERE TO MOVE FORWARD, I WOULD PREFER THAT LANGUAGE TO INCLUDE A DECIBEL LIMIT SO THAT WE CAN KIND OF SHIELD THE RESIDENTS WHO LIVE THERE FROM HAVING TO LISTEN TO THAT ALL THE TIME, I AGREE. ON TO PAGE SIX. THIS IS THE PARKLAND AND RECREATION IMPROVEMENTS. B BRUSHY CREEK MAIN BRANCH TRAIL, APPROXIMATELY 7.4 ACRES OF OPEN SPACE SHALL BE DEDICATED TO THE CITY OF LEANDER AS PUBLIC PARKLAND AND LAND DEDICATION OF THE BRUSHY CREEK MAIN BRANCH TRAIL IDENTIFIED IN LEANDER TRAILS. MASTER PLAN 2011 PROVIDES A CRITICAL EAST WEST PEDESTRIAN LINK. CONSTRUCTION OF A TEN FOOT WIDE ALL WEATHER TRAIL SHALL BE CONSTRUCTED WITHIN THE CORRIDOR. THE TRAIL CORRIDOR AND CONSTRUCTED TRAIL SHALL BE DEDICATED TO THE CITY AS PART OF THE PARKLAND. DEDICATION AND IMPROVEMENTS. MASON CREEK TRAIL FROM HORIZON LAKE PARK WILL ENTER FROM THE WEST ON EITHER TRACKS L, M, OR A TO THE INTERNAL SIDEWALK SYSTEM AND CONNECT TO THE BRUSHY CREEK TRAIL SYSTEM TO THE NORTH ALONG FM 2243. THAT SOUNDS FANTASTIC. IF THIS MOVES FORWARD, I WOULD LIKE THAT TO HAVE A DEADLINE OF WHICH PHASE THAT'S IN, BECAUSE RIGHT NOW IT'S IT'S OPEN ENDED. SO THAT COULD BE PHASE FOUR. THAT DOESN'T COME. WELL. THERE IS YEAH. WE CAN'T MAKE IT PART OF PHASE ONE BECAUSE OF JUST ENGINEERING. AND WE ARE DOING MASS GRADING AND MOVING SOIL FROM PHASE ONE EXCESS SOIL TO OTHER SIDE WHERE THE IN FUTURE THERE WILL BE. SO I THINK WE CAN MAKE IT ALL IN PHASE ONE, BUT PROBABLY PHASE TWO. IT'S REALISTIC. YOU THINK PHASE TWO? IS THAT WHAT YOU SAID? YES. THANK YOU. GOING ON TO PAGE SEVEN IN THE LITTLE BOX, YOU'RE TALKING ABOUT PHASE ONE. THE ONE, TWO, THREE FOURTH BOX DOWN. IT TALKS ABOUT CERTIFICATES OF OCCUPANCY. THE LAST SENTENCE THERE, THE FIRST FLOOR RETAIL PORTION OF THE VERTICAL MIXED USE DEVELOPMENT SHALL OBTAIN A CERTIFICATE OF OCCUPANCY FOR UP TO 50% OF THE PHASE ONE [01:45:01] COMMERCIAL DEVELOPMENT PRIOR TO PERMITS BEING ISSUED FOR PHASE TWO. IS THAT UP TO A TYPO? NO, BECAUSE UP TO COULD MEAN 1%, RIGHT? WELL, THE FIRST FLOOR RETAIL PORTION OF THE VERTICAL MIXED USE DEVELOPMENT SHALL OBTAIN A CERTIFICATE OF OCCUPANCY FOR UP TO 50% OF THE PHASE ONE COMMERCIAL DEVELOPMENT PRIOR TO PERMITS BEING ISSUED FOR PHASE TWO. YEAH, I AGREE THAT'S DOES MAKE SENSE BECAUSE IT CAN BE 1%. THE LAST BOX ON THAT SAME PAGE, TEMPORARY ALL WEATHER SURFACE PARKING COMPRISED OF CONCRETE, ASPHALT OR SIMILAR MATERIALS APPROVED BY THE PLANNING DIRECTOR AND CITY ENGINEER MAY BE CONSTRUCTED ON TRACKS E, D, J, K, AND L FOR THE EXCLUSIVE USE OF THE USERS OF PHASE ONE. THE SURFACE PARKING SHALL BE REMOVED WHEN TRACKS E, D, J, K, AND L DEVELOP FOR THEIR DESIGNATED USES. I THINK WE HEARD TONIGHT THAT'S VERY FAR INTO THE FUTURE. I THINK IT'S TAKEN US FIVE YEARS TO GET TO THIS POINT. I'M NOT COMFORTABLE WITH LEAVING ALL OF THAT PARKING UP IN THE AIR. WE ACTUALLY WE REQUESTED THAT A LONG TIME AGO, AND NOW WE COMPLETED PHASE ONE MASTER PLAN, AND WE WON'T NEED THAT MUCH SURFACE PARKING FOR PHASE ONE. I'M TRYING TO FIND THE MASTER PLAN. ARE YOU SAYING WE COULD STRIKE THAT WHOLE SECTION? WHICH BLOCKS TEMPORARY ALL WEATHER SURFACE PARKING COMPRISED BLAH BLAH BLAH BLAH BLAH MAY BE CONSTRUCTED ON TRACKS E, D, J, K, AND L. WELL THIS EDITOR THEY NEXT TO PHASE ONE. SO WE HAVE CENTRAL BLOCK AS PHASE ONE. AND THOSE WE WILL HAVE TO HAVE AT LEAST TEMPORARY PARKING DURING CONSTRUCTION SO WE CAN LIMIT TO THE JUST DURING PHASE ONE. BUT WE WELL I THINK PEOPLE HAVE TO PARK SOMEWHERE. WELL I THINK DURING CONSTRUCTION THERE IS CONSTRUCTION PARKING ON SITES. IS THERE NOT STAFF. YES, THAT IS SEPARATE. I'M JUST SAYING IF THIS MOVES FORWARD, I WOULD LIKE TO SEE THAT STRUCK. OKAY. THANK YOU. AND THAT IS ALL THAT I HAVE. COUNSEL. WAS THERE ANYTHING FURTHER? I JUST WANTED TO CLARIFY ONE MORE TIME, BECAUSE I KNOW THE COMMENT WAS MADE ABOUT THE LIENS AND YOU SAID, AND I KNOW THE ARTICLE WAS IN 2024. SO AS OF TODAY, IN 2025, THERE ARE NO LIENS WITH Y'ALL ON THIS PROPERTY. AND I KNOW IT'S CUSTOMARY FOR PEOPLE TO DO MECHANIC'S LIENS, BUT THAT TYPICALLY IS DONE WHEN PEOPLE HAVE NOT BEEN PAID AS AGREED IN THEIR CONTRACTS. PEOPLE DON'T TYPICALLY DO THAT WHEN THEY'RE GETTING PAID. WE HAD TWO DIFFERENT BANKS PULLED OUT FROM THE DEAL, WHICH WAS SUPPOSED TO PAY, AND THAT'S WHY WE NOW WENT WITH EB5 FINANCE AND CPAS BECAUSE THEY ARE NOT RELYING ON THE BANKS. GOTCHA. AND THAT'S SOMETHING THAT WE CAN JUST DO ON OUR OWN AND COMPLETE THE PROJECT REGARDLESS OF BANKING SITUATION. SO ALL THOSE VENDORS HAVE BEEN PAID. THOSE ISSUES ARE NOT ISSUES. THAT'S NOT WHAT I SAID. OKAY. LANES HAVE BEEN REMOVED THEN THERE'S NO NOT BEEN PAID. WE CAN'T OKAY. ALL THESE VENDORS WILL BE PAID IF WE PROCEED WITH THE PROJECT AND OKAY, CONTINUE. WE CAN'T PAY THEM WHEN THE NORMAL CONSTRUCTION FUNDING. YOU CAN'T GET A DOLLAR UNTIL YOU HAVE ALL THE PERMITS. THAT'S WHAT THE PROBLEM LIKE WHEN WE GOT DELAYS WITH GETTING THE PERMITS AND BANKS PULLED OUT. THAT'S WHAT STOPPED US FROM PAYING THOSE CONSULTANTS. THANK YOU FOR CLARIFYING. THANKS. OH, I DID HAVE ONE MORE THING ON THE REMOVING TIMELINES. I'M ALSO NOT IN FAVOR OF THAT. I THINK THAT OVER THE LAST FIVE YEARS, YOU'VE HAD UNPRECEDENTED ACCESS TO OUR STAFF, AND WE'RE STILL HERE WITH A SLOPPY PUD. I WOULD LIKE IF THIS MOVES FORWARD FOR US TO CONTINUE TO KEEP TIMELINES. AND THAT WAS THE LAST THAT I HAD. ONE MORE QUESTION. SURE. SO ON THE SLIDE, I THINK IT WAS ON THE FIRST SLIDE OR THE SECOND SLIDE YOU HAD, IT'S KIND OF THE STATUS OF PERMITS AND EVERYTHING. YOU KNOW, YOU'RE LIKE 15 OUT OF 26 FOR FOR COMMENTS, SEVEN READY TO BE SUBMITTED. SO CAN WE HAVE STAFF KIND OF TELL US LIKE WHAT THAT MEANS AND WHERE THEY'RE AT. IN GENERAL? I CAN SHARE THE TABLE WITH ALL THE PERMITS THAT WE HAVE. LIKE THESE NUMBERS CAME FROM THE SPREADSHEET THAT WE HAVE WITH OUR CIVIL ENGINEER. BUT I THINK WHEN EVERYTHING LAPS, EVERYTHING HAS TO BE REDONE. IS THAT CORRECT? AND AND SINCE THE PADS CHANGED, THEN THEY'LL HAVE TO BE RESUBMITTED AND GONE THROUGH. AND ANY CHANGES AFFECTED. ALL PERMITS ISSUED BY THE CITY OF LANDA AND FOR EXAMPLE, FINAL [01:50:06] PLAT. WE DON'T HAVE TO REDO THAT. THAT'S NOT DEPENDENT ON THE PLOT ON THE ON THE PAD. SO THIS WHEN I'M SAYING 26 PERMITS, THAT'S ALL PERMITS, INCLUDING TEX, DOT, TCU AND SO ON. SO IT'S NOT JUST CITY OF LANDA. BUT IF I CAN PROVIDE YOU ALL THE DETAILS OF 26 PERMITS, THAT'S INCLUDING AMENDMENTS AS WELL. SO SO THE 15 DOESN'T INCLUDE ANYTHING FROM US AT THIS POINT OR DOES IT? IT DOES. PRELIMINARY BUT PRELIMINARY PLAT APPROVAL. FINAL PLAT APPROVAL I CAN GO ON. BUT I MEAN THAT. GOOD EVENING, MISS GRIFFIN. I'M BACK SO I CAN I CAN FOLLOW UP WITH THE LIST OF ALL OF THEM. I DON'T HAVE THEM WITH ME. I WAS JUST WONDERING, LIKE, CAN YOU EXPLAIN A LITTLE BIT ABOUT THIS CONCEPT PLAN? PRELIMINARY PLAT? THEY'RE STILL IN EFFECT. WE HAVE CONSTRUCTION PLANS AND A FINAL PLAT THAT WERE REVIEWED. THE FINAL PLAT WAS APPROVED, BUT THE APPROVAL EXPIRED BECAUSE IT HASN'T BEEN RECORDED YET. SO THAT'S SOMETHING THEY WOULD HAVE TO RESUBMIT. BUT IT DID MEET STATUTORY REQUIREMENTS. SO IT WOULD BE A PRETTY QUICK RENEWAL OF IT. BUT THE MOST APPROVED ITEM IS THE PRELIMINARY PLAT, LIKE MOST RECENTLY. IF THIS AMENDMENT MOVES FORWARD, WHAT SORT OF OUTREACH WILL YOU DO TO THE COMMUNITY TO GATHER, BUY IN AND ENSURE THAT FUTURE PHASING ADDRESSES COMMUNITY CONCERNS? WELL, WE WE KIND OF STOPPED THE PROJECT. SO THAT'S THE PROBLEM. AND THE THIS PART AMENDMENT WAS SUBMITTED TO THE CITY BEGINNING OF 24. AND WE ARE HERE IN AUGUST 25TH PUBLIC HEARING. SO. WE'RE HAPPY TO COMMUNICATE WITH COMMUNITY. WE JUST IT'S UNPREDICTABLE HOW LONG IT'S GOING TO TAKE FOR US TO GET THE PERMITS. SURE. BUT IT'S BEEN SEVERAL YEARS. WHY IS NOW THE FIRST TIME REALLY THIS PROJECT AND ITS SCOPE IS BEING EXPLAINED TO THE PUBLIC? WHAT WE SHOWED TODAY WAS RESULT OF ALL THESE YEARS OF WORK, MILLIONS OF DOLLARS WE SPENT ON ARCHITECTS AND ENGINEERS THAT WAS NOT AVAILABLE BEFORE. AND TECHNICALLY, AS MAYOR SAID, IT'S NOT PART OF THE PART. IT'S KIND OF GOING NEXT STEP AFTER THE PART, PART. I SHOWED THE MASTER PLAN. THAT'S THAT'S ALL PART COVERS. IT DOESN'T COVER ALL THE DETAILS THAT WE ALREADY DESIGNED. THAT'S PART OF THIS 26 PERMITS THAT WE HAVE TO GET. THANK YOU. ANYTHING FURTHER? COUNCIL, I WILL MAKE A MOTION TO DENY. I'LL SECOND MOTION A SECOND. IS THERE ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR PASSES UNANIMOUSLY. THANK YOU. WITH THAT, THE TIME IS 8:57 P.M. COUNCIL WILL ALL RIGHT. WEE BACK IN SESSION AT 9:15 P.M. ITEM 15 CONDUCT A PUBLIC [15. Conduct a Public Hearing regarding the adoption of an updated Service and Assessment Plan for Calendar Year 2025 for the Oak Creek Public Improvement District and updated assessment roll to apportion assessment levied against property located in the District among subdivided lots.Discuss and consider action on an Ordinance adopting an updated Service and Assessment Plan for Calendar Year 2025 for the Oak Creek Public Improvement District as described above.] HEARING REGARDING THE ADOPTION OF AN UPDATED SERVICE AND ASSESSMENT PLAN FOR CALENDAR YEAR 2025 FOR THE OAK CREEK PUBLIC IMPROVEMENT DISTRICT. AN UPDATED ASSESSMENT ROLL TO APPORTION ASSESSMENT LEVIED AGAINST PROPERTY LOCATED IN THE DISTRICT AMONG SUBDIVIDED LOTS. CHIEF FINANCIAL OFFICER WILLIAMS. GOOD EVENING. GOOD EVENING, MAYOR AND COUNCIL, FOR YOUR CONSIDERATION. OUR AGENDA ITEMS NUMBER 15, 16 AND 17 RELATED TO THE PUBLIC IMPROVEMENT DISTRICTS FOR OAK CREEK, DEERBROOK AND CRYSTAL SPRINGS. STATE LAW REQUIRES THE COUNCIL TO REVIEW AND APPROVE THE ANNUAL UPDATE FOR EACH PIT PRIOR TO ACTION. A PUBLIC HEARING FOR EACH PIT IS HELD. THE APPROVED ASSESSMENTS WILL BE INCLUDED IN THE PROPERTY TAX BILLS THAT GO OUT IN OCTOBER. PROPERTY OWNERS ARE NOTIFIED OF TONIGHT'S HEARING THROUGH POSTCARD MAILINGS AND PUBLICATION IN THE HILL COUNTRY NEWS ON AUGUST 7TH, WHEN OWNERS MAY EITHER PAY OFF THEIR FULL ASSESSMENT AT ANY TIME WITHOUT PENALTY OR MAKE ANNUAL PAYMENTS. ANNUAL INSTALLMENTS ARE DUE OCTOBER 1ST AND WITHOUT PENALTY, AND THE DELINQUENCY, IF NOT PAID BY FEBRUARY THE 1ST. IF THERE ARE NO QUESTIONS AT THIS TIME, WE CAN MOVE THESE ITEMS IN PROCEEDING TO THE REQUIRED PUBLIC HEARING. YEAH, I THINK WE HAVE TO DO PUBLIC HEARING ONE BY ONE, CORRECT? YES, YES. THANK YOU. ALL RIGHT. SO I WILL OPEN THE PUBLIC HEARING FOR THIS ITEM. IS THERE ANYBODY WHO WISHES TO SPEAK ON THIS ITEM FOR OAK CREEK? ALL RIGHT. SEEING NONE, WE WILL CLOSE THE PUBLIC HEARING. WE'LL DISCUSS AND CONSIDER ACTION ON ORDINANCE ADOPTING AN UPDATED SERVICE AND ASSESSMENT PLAN FOR CALENDAR YEAR 2025 FOR THE OAK [01:55:03] CREEK PUBLIC IMPROVEMENT DISTRICT, AS DESCRIBED PREVIOUSLY. COUNCIL. I DO HAVE A COMMENT TO SAY ON THIS ONE. FOR ANYBODY WHO IS NEW TO THIS PROCESS, PIT IS A PUBLIC IMPROVEMENT DISTRICT. IT IS WHERE A DEVELOPER WANTS TO BUILD A NEIGHBORHOOD, AND THEY BASICALLY HAVE THE CITY TAKE OUT THE LOAN FOR THEM AND THE DEVELOPER GETS REIMBURSED. AND THESE ASSESSMENTS GO ON PEOPLE'S HOMES. EVERY YEAR THEY RECEIVE A POSTCARD WITH OUR ADDRESS ON IT, TELLING THEM HOW MUCH THEY OWE FOR THE YEAR. AND IT'S TERRIBLE AND HORRIBLE. AND WE HAVEN'T PASSED ONE SINCE 2017, I BELIEVE. SO, JUST SO WE KNOW WHEN WHEN WE'RE VOTING ON THIS, WE'RE NOT VOTING FOR ANYTHING NEW OR CRAZY. SO WITH THAT, I WILL MAKE A MOTION TO APPROVE SECOND MOTION A SECOND. IS THERE ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR PASSES [16. Conduct a Public Hearing regarding an updated Service and Assessment Plan for Calendar Year 2025 for the Deerbrooke Public Improvement District and an updated assessment roll to apportion assessments levied against property located in the District among subdivided lots.Discuss and consider action on an Ordinance adopting an updated Service and Assessment Plan for Calendar Year 2025 for the Deerbrooke Public Improvement District as described above.] UNANIMOUSLY. ITEM 16 CONDUCT A PUBLIC HEARING REGARDING AN UPDATED SERVICE AND ASSESSMENT PLAN FOR CALENDAR YEAR 2025 FOR THE DEERBROOK PUBLIC IMPROVEMENT DISTRICT, AND AN UPDATED ASSESSMENT ROLL TO APPORTION ASSESSMENTS LEVIED AGAINST PROPERTY LOCATED IN THE DISTRICT AMONG SUBDIVIDED LOTS. CHIEF FINANCIAL OFFICER WILLIAMS, ARE YOU I MEAN, YOU BASICALLY COVERED IT. DO YOU WANT TO COMMENT ON EACH ONE OR JUST GO THROUGH THEM? OKAY, PUBLIC HEARING IS NOW OPEN. I DO HAVE SOMEBODY SIGNED UP TO SPEAK ON THIS ONE. ROSIE ERICA GARCIA. GOOD EVENING, MISS GARCIA. PLEASE GIVE YOUR NAME AND ADDRESS. YOU'LL HAVE THREE MINUTES. THANK YOU. GOOD EVENING, COUNCIL MEMBERS. MY NAME IS ROSIE, AND I'M A DEERBROOK HOMEOWNER LOCATED AT 2725 GRIZZLY WAY. AS A RESIDENT, MY CONCERNS CENTER ON THREE THINGS TRANSPARENCY, FAIRNESS, AND THE LONG TERM BURDEN OF THESE ASSESSMENTS. FIRST, TRANSPARENCY. THE NOTICE LISTS 15 MILLION AND IMPROVEMENTS FOR PARKS, LANDSCAPING, ROADS AND UTILITIES. I'D LIKE TO CLARIFY ON HOW MUCH HAS ALREADY BEEN DELIVERED, HOW MANY REMAINS ON UNFUNDED, AND HOW MANY OF MY ASSESSMENT GOES TO THE DEBT SERVICE VERSUS ACTUAL IMPROVEMENTS WE CAN SEE IN OUR COMMUNITY. SECOND, FAIRNESS ASSESSMENTS ARE APPORTIONED BY LOT TYPE. HOW DO WE KNOW THIS FORMULA IS EQUITABLE? DOES EACH HOMEOWNER'S SHARE REFLECT THE THE REAL BENEFIT RECEIVED, AND WILL THIS BE REEVALUATED PERIODICALLY AS THE NEIGHBORHOOD MATURES? FINALLY, LONG TERM BURDEN RESIDENTS NEED TO KNOW ONCE BONDS ARE REPAID TO ASSESSMENTS DECREASE, OR DO THEY REMAIN INDEFINITELY TO COVER MAINTENANCE AND ADMINISTRATION? FAMILIES DESERVE CLARITY ON HOW WE CAN PLAN FINANCIALLY. THIS, IN CLOSING, RESPECTFULLY REQUESTS THAT THE CITY PROVIDE CLEAR, HOMEOWNER FRIENDLY COMMUNICATION AND HOW MUCH EACH LOT TYPE PAYS, WHERE THE FUNDS ARE GOING, AND THE TIMELINE FOR BOTH IMPROVEMENTS AND DEBT REPAYMENT. TRANSPARENCY AND FAIRNESS WILL BUILD CONFIDENCE IN THE PIT AND IN OUR COMMUNITY'S FUTURE. THANK YOU FOR YOUR TIME. THANK YOU. THERE ISN'T ANYBODY ELSE SIGNED UP TO SPEAK ON THIS ITEM. WAS THERE ANYBODY WHO WISHED TO SPEAK ON THIS? ALL RIGHT. WITH THAT, THE PUBLIC HEARING IS CLOSED. WE WILL NOW DISCUSS AND CONSIDER ACTION ON ORDINANCE ADOPTING AN UPDATED SERVICE AND ASSESSMENT PLAN FOR CALENDAR YEAR 2025 FOR THE DEERBROOK PUBLIC IMPROVEMENT DISTRICT, AS DESCRIBED PREVIOUSLY. MR. WILLIAMS, ARE YOU COMFORTABLE TALKING ABOUT THE DEERBROOK IMPROVEMENTS OR IS THERE SOMEBODY ON STAFF? I CAN ADDRESS THAT. AND SO AND I'D BE HAPPY TO SCHEDULE A MEETING AND WE CAN SIT DOWN AND WALK THROUGH IN DETAIL YOUR QUESTIONS HERE. THOSE ARE REALLY GOOD QUESTIONS. SO AT YOUR PLACES ARE SEVERAL SCHEDULES. AND THEY'LL SHOW YOU WHAT THE ACTUAL EXPENDITURES WERE, WHAT WAS BUDGETED AND THEN WHAT FUNDS WERE ACTUALLY ALLOCATED. SO DEAR BROOKS. FAIRLY COMPLICATED IN THAT WE'VE GOT A NORTHERN SERVICE AREA AND A SOUTHERN SERVICE AREA, AND THEN WE'VE GOT AREAS OF GENERAL BENEFIT FROM SOME MAJOR TYPES OF PROJECTS. SO THERE'S SOME ROAD IMPROVEMENTS, THERE'S DRAINAGE IMPROVEMENTS, THERE'S WATER AND WASTEWATER IMPROVEMENTS THAT THAT FILTER THROUGH THAT PROCESS. BUT ULTIMATELY, AT THE CLOSE OF THIS PROJECT, THE LAST DRAW WAS PAID ON AUGUST THE 10TH OF 2022. THE TOTAL AMOUNT ALLOCATED WAS 11.2 MILLION. SO FOR THIS YEAR COMING UP, THE ASSESSMENT IS PROVIDING FOR $556,987.50 OF DEBT SERVICE FOR THE SOUTHERN IMPACT AREA, AND THEN $352,857.50 FOR THE NORTHERN IMPACT AREA. SO. SO WE CAN SO THE TOTAL AMOUNT OF BOND AUTHORIZATION WASN'T REQUIRED AND WAS NOT PROVIDED. SO AGAIN, THOSE COSTS HAVE HAVE BEEN EXPENSED AND THOSE FUNDS HAVE BEEN FULLY ALLOCATED. SO THAT'S CLOSED OUT. OH PAUSE. JUST A MOMENT. YOU KNOW. OH I'M SORRY OKAY. SOUND CARRIES. ALL THAT SOUND WAS WAS STEVEN SORRY. HE [02:00:07] DOES HAVE FOUR PHONES OVER HERE BY THE WAY. SO YEAH. VERY POPULAR. OKAY. AND THEN I BELIEVE DEERBROOK WE DID REFINANCE THAT A YEAR, TWO YEARS AGO. SO IT'S GONE DOWN SLIGHTLY OKAY. IT HAS, IT HAS. AND THE RATES IN THE SOUTHERN IMPACT AREA ARE RELATIVELY FLAT. AND THERE'S ABOUT 1.5% REDUCTION IN THE RATES MOVING IN. SO THERE IS A A RECALCULATION EVERY YEAR. SO LOOKING AT ACTUAL VALUES, LOOKING AT THE TAX VALUE THAT'S COME ONTO THE TAX ROLL AS THOSE LOTS HAVE IMPROVED GOES BACK INTO RECALCULATING WHAT THOSE RATES NEED TO BE. AND AND OVERALL WHEN THE DEBT SERVICE ON DEERBROOK IS CURRENTLY SET TO FULLY MATURE BY THE 2047 TAX YEAR. SO THERE STILL IS 22 YEARS LEFT OF THAT ASSESSMENT. BUT ONCE THE DEBT IS FULLY SATISFIED, THEN THOSE ASSESSMENTS WILL GO TO ZERO AND THEY WON'T BE ASSESSED PAST THAT POINT. AGAIN, I'D BE HAPPY TO SIT DOWN WITH YOU AND ANYBODY IN THE COMMUNITY, AND WE CAN WALK THROUGH ALL THESE, THESE, THESE DIFFERENT NUMBERS AND, AND KIND OF WALK THROUGH ALL THAT STUFF. YOU'RE WELCOME. I'M SORRY. WE HATE DOING THIS EVERY YEAR. MOTION TO APPROVE. SECOND MOTION A SECOND. IS THERE ANY FURTHER DISCUSSION. [17. Conduct a Public Hearing regarding the adoption of an updated Service and Assessment Plan for Calendar Year 2025 for the Crystal Springs Public Improvement District and an updated assessment roll to apportion assessments levied against property located in the District among subdivided lots, and to adjust boundaries between assessable and non-assessable lots.Discuss and consider action on an Ordinance adopting an updated Service and Assessment Plan for Calendar Year 2025 for the Crystal Springs Public Improvement District as described above.] ALL THOSE IN FAVOR PASSES UNANIMOUSLY. ITEM 17 CONDUCT A PUBLIC HEARING REGARDING THE ADOPTION OF AN UPDATED SERVICE AND ASSESSMENT PLAN FOR CALENDAR YEAR 2025 FOR THE CRYSTAL SPRINGS PUBLIC IMPROVEMENT DISTRICT, AND AN UPDATED ASSESSMENT ROLL TO APPORTION ASSESSMENTS LEVIED AGAINST PROPERTY LOCATED IN THE DISTRICT AMONG SUBDIVIDED LOTS, AND TO ADJUST BOUNDARIES BETWEEN ASSESSABLE AND NON-ACCESSIBLE LOTS. PUBLIC HEARING IS NOW OPEN. THERE'S NOBODY SIGNED UP FOR THIS ONE. WAS THERE ANYBODY WHO WISHED TO SPEAK ON THE CRYSTAL SPRINGS? SEEING NONE? PUBLIC HEARING IS NOW CLOSED. WE WILL NOW DISCUSS AND CONSIDER ACTION ON ORDINANCE. ADOPTING AN UPDATED SERVICE AND ASSESSMENT PLAN FOR CALENDAR YEAR 2025 FOR THE CRYSTAL SPRINGS PUBLIC IMPROVEMENT DISTRICT. AS DESCRIBED PREVIOUSLY, COUNCIL MOTION TO APPROVE. SECOND. MOTION AND A SECOND. IS THERE ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR PASSES UNANIMOUSLY. MOVING ON TO OUR [18. Discuss receiving No-New-Revenue and Voter-Approval tax rate calculations; take action to consider a proposed tax rate; and schedule a public hearing date for the proposed tax rate.] REGULAR AGENDA. ITEM 18 DISCUSS RECEIVING NO NEW REVENUE AND VOTER APPROVAL TAX RATE CALCULATIONS. TAKE ACTION TO CONSIDER A PROPOSED TAX RATE AND SCHEDULE A PUBLIC HEARING DATE FOR THE PROPOSED TAX RATE. CITY MANAGER PARTON, DO YOU WANT TO INTRODUCE THIS ONE? YES, MA'AM. SO IN THIS STAFF REPORT ATTACHED TO IT, YOU DID GET THE 2025 RATE TAX RATE CALCULATION WORKSHEET. AND THAT THAT LOOKS AT THE THE OVERALL CITY RATE CALCULATION. SO IN SETTING OUR TAX RATE, WE REALLY HAVE THREE COMPONENTS THAT WE THINK ABOUT IN THIS PROCESS. THERE'S A CALCULATION THAT IS THE NO NEW REVENUE RATE. AND THAT'S A TAX RATE THAT YOU WOULD SET THAT WOULD SAY IF WE BROUGHT A DOLLAR IN LAST YEAR, WHAT WOULD THE RATE BE TO BRING THE SAME DOLLAR IN FOR THIS YEAR? THERE'S THE CONCEPT OF A VOTER APPROVAL TAX RATE, AND THAT'S A RATE WHERE WE ARE LOOKING AT AN ASSESSMENT THAT CANNOT EXCEED 3.5% FOR THE MAINTENANCE AND OPERATION PORTION OF THE TAX RATE FROM PRIOR YEAR TO THE NEXT YEAR, WITHOUT GOING TO A VOTER REFERENDUM. AND SO THE OVERALL AD VALOREM RATE IS REALLY COMPRISED OF TWO PIECES. THERE'S A MAINTENANCE AND OPERATION PIECE THAT IS THE PIECE THAT GOES TO FUND DAILY OPERATIONS, PUBLIC SAFETY, STREETS, PARKS, THOSE TYPES OF THINGS. THERE'S A DEBT RATE, WHICH IS THE INTEREST AND SINKING RATE. THAT'S THE RATE THAT IS REQUIRED IN ORDER TO MEET THE CITY'S DEBT SERVICE OBLIGATIONS. SO WE LOOK AT WHAT THE OBLIGATIONS ARE FOR BOND PAYMENTS FOR THE NEXT YEAR. WHAT ARE THE TAX RATES THAT ARE NEEDED TO BE ABLE TO TO SATISFY THOSE OBLIGATIONS TO MAKE THAT DEBT? SO THAT IS SEPARATE AND DISTINCT FROM THE ROLLBACK CALCULATIONS OR THE VOTER APPROVED CALCULATIONS MOVING FORWARD. SO FOR THIS YEAR, MOVING FORWARD INTO THE THE 25 TAX YEAR, WHICH WILL BE THE FISCAL YEAR 26 TAX RATE, THE VOTER APPROVED RATE, WHICH IS THE MAXIMUM RATE WITHOUT A VOTER REFERENDUM, WAS 0.434033. SO A LITTLE OVER 43.4 CENTS. THE CURRENT YEAR TAX RATE IS 41.7282. SO JUST UNDER $0.42. THE RATE IS COMPOSED INS RATE IS 14 THREE, 678. AND THE. CURRENT RATE IS 27 3604. THE [02:05:08] ACTION TONIGHT REALLY WOULD BE TO ACCEPT THIS REPORT, TO CONSIDER ESTABLISHING THE CEILING FOR THE PROPERTY TAX RATE, WHICH I WOULD RECOMMEND, NOT EXCEED THE VOTER APPROVAL RATE. THAT DOESN'T MEAN THAT'S THE RATE THAT WE'RE GOING TO SET. WE'RE LOOKING TO FINALIZE AND DELIVER A FINAL BUDGET FOR COUNCIL CONSIDERATION THAT IS LOOKING TO KEEP THE OVERALL TAX RATE THE SAME. SO THE 41 7282 RATE WOULD BE FROM THIS YEAR WOULD BE CARRIED OVER INTO THE NEXT FISCAL YEAR. BUDGET FOR NEXT YEAR IS IS WHAT WE'RE PROPOSING. SO SO THAT'S WHAT WE'RE PRESENTING. THIS WILL BE MOVING FORWARD. AND AGAIN SO ACCEPTING THE REPORT ESTABLISHING THE CEILING WHICH WOULD BE THE NOT TO EXCEED THE VOTER APPROVAL TAX RATE. AND THEN TO AGAIN SET SET THAT SEPTEMBER 18TH DATE FOR OUR TAX RATE. THANK YOU. LET ME DOUBLE CHECK THE NUMBER. IS THAT PROPOSED TAX RATE THE 0.4348432. YES YES. THANK YOU COUNCIL. THIS IS UNIQUE IN THAT WE NEED TO DO A ROLL CALL VOTE ON THREE DIFFERENT PORTIONS. SO DO YOU HAVE ANY DISCUSSION RIGHT NOW BEFORE WE START DOING THAT. ALL RIGHT. AND JUST FOR THE PUBLIC, IF NONE OF THAT MADE SENSE, WHAT WE DO TODAY IS WE ADOPT THE CEILING. BUT WE VOWED TO KEEP OUR TAX RATE THE SAME YEAR OVER YEAR TO PAY FOR THINGS. SO WHAT WE SAY TONIGHT IS NOT WHAT YOUR TAX RATE IS GOING TO BE. WE'LL SET OUR TWO HEARINGS AND THAT'S WHEN YOU GET YOUR REAL TAX RATE WHICH WILL BE LOWER. SO WITH THAT I WILL MAKE A MOTION TO ACCEPT THE TAX RATE CALCULATIONS FOR 2025 AS PRESENTED. SECOND MOTION AND A SECOND PLACE ONE. YES PLEASE. YES PLEASE. THREE. YES. PRO TEM. YES SIX. YES. AND I AM ALSO. YES. SECOND MOTION I MOVE TO APPROVE THE PROPOSED TAX RATE OF 0.4348432, SECOND MOTION AND A SECOND PLACE ONE. YES, PLEASE. TWO APPROVED. YES, PLEASE. THREE. YES. PRO TEM. YES, PLEASE SIX. YES. I AM ALSO A YES ON THE THIRD VOTE. MOTION TO CALL A PUBLIC HEARING ON THE TAX RATE ON SEPTEMBER 18TH, 2025. PLACE ONE OH MOTION. IS THERE A SECOND? YES. THANK YOU. ALL RIGHT. WE ALMOST GOT THROUGH THAT PERFECTLY. PLACE ONE. YES. PLEASE DO. YES. PLACE THREE. YES. PRO TEM. YES, [19. Discuss and consider action on a Resolution authorizing the Brushy Creek Regional Utility Authority, Inc., (BCRUA) to execute a Financing Agreement with the Texas Water Development Board relating to the sale of $36,240,000.00 Brushy Creek Regional Utility Authority, Inc., City of Leander, Texas Contract Revenue Bonds, Proposed Series 2025 (Brushy Creek Regional Water Treatment and Distribution Project).] PLEASE. SIX. YES. I AM ALSO A YES. ALL RIGHT. MOVING INTO ITEM 19, DISCUSS AND CONSIDER ACTION ON A RESOLUTION AUTHORIZING THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY INCORPORATED TO EXECUTE A FINANCING AGREEMENT WITH THE TEXAS WATER DEVELOPMENT BOARD RELATING TO THE SALE OF $36,240,000. BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INCORPORATED, CITY OF LEANDER, TEXAS CONTRACT REVENUE BONDS. PROPOSED SERIES 2025 BRUSHY CREEK REGIONAL WATER TREATMENT AND DISTRIBUTION PROJECT. CHIEF FINANCIAL OFFICER WILLIAMS, WELCOME BACK. THANK YOU. MAYOR. ON MARCH 20TH OF THIS YEAR, THE COUNCIL AUTHORIZED BRUSHY CREEK REGIONAL UTILITY AUTHORITY BOARD TO SUBMIT A FINAL APPLICATION TO THE TEXAS WATER DEVELOPMENT BOARD FOR FINANCIAL ASSISTANCE THROUGH THEIR STATE WATER IMPLEMENT IMPLEMENTATION FUND FOR TEXAS, BETTER KNOWN AS SWIFT. THE CITY OF LEANDER HAS SUCCESSFULLY USED THIS PROGRAM FOR PRIOR PROJECTS, INCLUDING PHASE ONE C AND ONE D EXPANSIONS FOR THE PHASE TWO RAW WATER DELIVERY SYSTEM. THE APPLICATION FOR PHASE TWO TOTALS 138 MILLION, WAS APPROVED BY THE TEXAS WATER DEVELOPMENT BOARD ON JULY 24TH. THIS FUNDING COVERS CONSTRUCTION, PROFESSIONAL SERVICES, MATERIAL TESTING, AND CONTINGENCY. THE COST OF ALLOCATED 52.4% TO THE CITY OF LEANDER. THAT'S 72.4 MILLION AND 4740 7.6 TO THE CITY OF ROUND ROCK, 65.7 MILLION. THE CITY OF LEANDER WILL COMMIT ITS SHARE OVER OVER THE NEXT TWO YEARS, 36.2 MILLION IN FY 26 AND 36.2 MILLION IN FY 2027. TONIGHT'S RESOLUTION AUTHORIZES THE ISSUANCE OF THE BONDS ON BEHALF OF LEANDER. I BELIEVE THERE WAS A HANDOUT IN YOUR PACKET. OOPS. ON THE PRINTER. IT'S OKAY. HOW DO WE FILL THIS TIME? ARE YOU GOING TO ENTERTAIN US? SO. HOPEFULLY I WON'T BE AS LONG AS THE PREVIOUS QUESTION. YOU DON'T [02:10:02] HAVE 60 SOMETHING SLIDES? AFRAID NOT. WE'RE GOING TO MAKE A NEW RULE ABOUT THAT. YOU BET YOU HAVE A CAP. I MEAN, WE COULD GO AHEAD AND MAKE A STAFF RECOMMENDATION TO APPROVE. YES. I MEAN, THERE'S NOT A BETTER OPTION. THIS IS A REALLY GOOD RATE, RIGHT? THAT'S THE ONLY OPTION. YEAH. DO I FEEL LIKE WE SHOULD WAIT FOR DARETH? YEAH, SHE'S GOT TO RECORD IT ANYWAY. IT'S GOOD. I DON'T HAVE A DAD JOKE. YEAH, I DON'T. DO YOU SAW THAT REALLY QUICKLY. IF YOU WANT TO TALK ABOUT THE DALLAS COWBOYS NOW, I'LL TALK. ABOUT WHAT? NOT THE COWBOYS. WHAT'S. OH YOU'RE FINE, YOU'RE FINE. THANK YOU. MR. THIS LOOKS LOVELY. I'M GONNA MAKE A MOTION TO APPROVE. I'LL SECOND. MOTION AND A SECOND. IS THERE ANY FURTHER DISCUSSION? ALL THOSE [20. Discuss and consider action on the Second Reading of an Ordinance regarding Ordinance Case OR-25-0030 to amend the Composite Zoning Ordinance to adopt standards and a permitting process associated with Micro-Trenching, and to provide for related matters; Williamson and Travis Counties, Texas.] IN FAVOR PASSES UNANIMOUSLY. THANK YOU ALL VERY MUCH. ITEM NUMBER 20, DISCUSS AND CONSIDER ACTION ON THE SECOND READING OF AN ORDINANCE REGARDING ORDINANCE CASE OR 250030 TO AMEND THE ZONING ORDINANCE TO ADOPT STANDARDS IN A PERMITTING PROCESS ASSOCIATED WITH MICRO TRENCHING, AND TO PROVIDE FOR RELATED MATTERS. WILLIAMSON AND TRAVIS COUNTY, TEXAS. WE DO HAVE TWO SPEAKERS ON THIS. I'M THINKING WE'LL GO THROUGH THE PRESENTATION, AND THEN WE'LL GO AHEAD AND TALK TO THE SPEAKERS, AND WE'LL PROBABLY HAVE SOME BACK AND FORTH COUNSEL WITH BOTH. SO WITH THAT, EXECUTIVE DIRECTOR OF DEVELOPMENT SERVICES, MISS GRIFFIN, WELCOME. GOOD EVENING. SO THIS IS THE SECOND READING OF THE ORDINANCE REGARDING MICRO TRENCHING. SINCE WE LAST MET WITH THE COUNCIL. WE HAVE MADE SOME UPDATES TO THE ORDINANCE. WE'VE UPDATED THE LANGUAGE TO ALLOW FOR UP TO TWO TRENCHES. SO THAT MEANS TWO TRENCHES ON EACH SIDE OF THE ROAD. SO YOU COULD HAVE TWO PROVIDERS PER STREET. ON THE SECOND TRENCH THAT'S ADDED, THEY WILL BE REQUIRED TO DO AN EDGE MILL AND OVERLAY OVER THE THE AREA. WE'VE ALSO CLARIFIED THE MINIMUM DIMENSIONS FOR THE TRENCHES. WE'VE ALLOWED FOR PERPENDICULAR CROSSINGS ON STREETS EXCEPT FOR ARTERIALS, AND WE'VE CLARIFIED TRENCH DIMENSIONS AND CLARIFIED THE MAINTENANCE AND BOND REQUIREMENTS. WE ARE ADDING ONE UPDATE IF IT'S OKAY WITH THE COUNCIL. WE WANTED TO CLARIFY THE EXPIRATION REQUIREMENT FOR THE PERMITS. THE WAY IT READS TODAY, YOU HAVE SIX MONTHS FROM THE ISSUANCE DATE TO COMPLETE OR EXPIRES. WE WANT TO CHANGE IT TO TO CLARIFY THAT IF YOU'RE ACTIVELY WORKING, WE'RE NOT GOING TO MAKE YOU STOP THE WORK. SO THAT'S SOMETHING WE WANTED TO ADD TO. SO THEY JUST HAVE TO HAVE STARTED. YEAH. AND YOU CAN'T START AND STOP FOR TWO MONTHS. SO WE WERE GOING TO APPLY SOMETHING SIMILAR TO WHAT WE USE WITH THE MS4 PERMIT, WHERE YOU GET TWO WEEKS IF THE CONSTRUCTION ACTIVITY STOPS, YOUR PROJECT STOPPED. OKAY. THAT WAY WE DON'T HAVE PEOPLE TIE UP. DO WE NEED THIS TO COME BACK FOR THAT OR IS THAT JUST INTERNAL POLICY? I FEEL GOOD ABOUT ADDING THE LANGUAGE WITHOUT COMING BACK, BUT IF YOU WANT US TO COME BACK, WE CAN. OKAY? IT'S UP TO YOU ALL. AND THAT'S IT FOR THE THE UPDATE. SO I'D BE GLAD TO ANSWER QUESTIONS AFTER THE TWO SPEAKERS. AND JEAN IS HERE TOO. AND EMILY SO EVERYONE WOULD LOVE TO TALK ABOUT IT. THANK YOU VERY MUCH. ALL RIGHT. UP FIRST IS JOHN MICHAEL CORTEZ. GOOD EVENING, MR. CORTEZ. PLEASE GIVE YOUR NAME AND ADDRESS. YOU'LL HAVE THREE MINUTES. GOOD EVENING. MAYOR, COUNCIL JOHN MICHAEL CORTEZ WITH G FIBER. OUR ADDRESS HERE IN CENTRAL TEXAS IS 3601 SOUTH CONGRESS AVENUE IN AUSTIN. 70 704 I'M JUST HERE TO SPEAK IN SUPPORT OF THE ORDINANCE AND REALLY APPRECIATE THE OPPORTUNITY TO WORK WITH YOUR STAFF ON SOME CHANGES THAT WE THINK IMPROVE THE ORDINANCE AND ALIGN IT WITH SOME OF THE PRACTICES THAT WE'VE EMPLOYED OVER THE LAST TEN YEARS OF MICRO TRENCHING IN THIS COMMUNITY OR IN CENTRAL TEXAS, NOT NECESSARILY THIS COMMUNITY YET, YOU KNOW, IT'S NOT EXACTLY WHAT WE SEE IN OTHER CITIES, BUT IT'S PRETTY CLOSE. AND SO WE THINK WE CAN PROBABLY MAKE IT WORK. BUT IF YOU HAVE ANY QUESTIONS, I'M HERE AS A RESOURCE. THANK YOU VERY MUCH. ALL RIGHT. UP NEXT IS PAIGE JOHNSON. GOOD EVENING, MISS JOHNSON. PLEASE GIVE YOUR NAME AND ADDRESS. YOU'LL HAVE THREE MINUTES. HI THERE. MY NAME IS PAIGE JOHNSON. WE I'M WITH AT&T EXTERNAL AFFAIRS. WE ARE OFFICED OUT OF 816 CONGRESS AVENUE IN AUSTIN, TEXAS. 78701. THANK YOU FOR THE OPPORTUNITY TO SPEAK TODAY IN SUPPORT OF THE MICRO TRENCH ORDINANCE. AT&T HAS BEEN ACTIVELY INVOLVED IN DEVELOPING THIS ORDINANCE OVER THE PAST SEVERAL MONTHS, AND WE APPRECIATE THE ENGAGEMENT OF CITY STAFF AND THE COUNCIL THROUGHOUT THIS PROCESS. IN MID-JULY, AT&T SUBMITTED A LETTER TO THE ENTIRE COUNCIL IN THE MAYOR OUTLINING SOME OF OUR REMAINING CONCERNS. AND I'D LIKE TO ALSO HIGHLIGHT SOME OF THEM HERE TONIGHT. OVERALL, AT&T SUPPORTS THIS ORDINANCE AND THE APPROVAL OF MICRO TRENCHING AS A WAY TO ENHANCE FIBER ACCESS FOR [02:15:03] RESIDENTS, ALLOWING MULTIPLE PROVIDERS TO MICRO TRENCH ENCOURAGES HEALTHY COMPETITION, WHICH CAN LEAD TO BETTER SERVICE QUALITY, LOWER PRICES, AND MORE INNOVATIVE SOLUTIONS FOR THE COMMUNITY. WE THANK THE COUNCIL FOR SUPPORTING THIS APPROACH. HOWEVER, WE DO HAVE A SIGNIFICANT CONCERN REGARDING THE PROPOSED RESTRICTION LIMITING THE TOTAL NUMBER OF DRY UTILITY PERMIT APPLICATIONS PER PROVIDER TO A COMBINED MAXIMUM OF TEN ACROSS BOTH THE UNDER REVIEW AND THE UNDER CONSTRUCTION CATEGORIES. AS THE PROVIDER MANAGING MULTIPLE PROJECTS BEYOND FIBER DEPLOYMENTS, THIS CAP POSES CHALLENGES. WE OFTEN SUBMIT NUMEROUS PERMIT APPLICATIONS SIMULTANEOUSLY TO MAINTAIN CONTINUOUS SERVICE FOR RESIDENTS AND BUSINESSES. AT&T IS MORE THAN JUST A FIBER PROVIDER, REQUIRING A VARIETY OF PERMITS, SUCH AS DIGGING IN RIGHT OF WAYS, BUSINESS ORDERS AND ATTACHING TO POLES, ETC. LIMITING DRY UTILITY PERMITS TO TEN WOULD HINDER AT&T ABILITY TO PROVIDE SEAMLESS CONNECTIVITY AND ESSENTIAL SERVICES. IN LEANDER, WE UNDERSTAND THE CITY'S NEED TO MANAGE PERMIT APPLICATIONS EFFICIENTLY AND ARE COMMITTED TO IMPROVING OUR PERMIT MANAGEMENT. IN RESPONSE TO THE CITY'S CONCERNS ABOUT OUR CURRENT APPLICATIONS WE HAVE, WE HAVE TAKEN STEPS TO CANCEL PERMITS NO LONGER NEEDED AND DIRECTED OUR CONSTRUCTION TEAMS TO CONDUCT POST JOB INSPECTIONS TO CLOSE OUT PERMITS PROPERLY, PROMPTLY. AS A PROVIDER WITH MULTIPLE ACTIVE PROJECTS ACROSS WIRELINE AND WIRELESS NETWORKS, ALONG WITH THE NEED TO PERFORM UNEXPECTED REPAIRS, AT&T RESPECTFULLY REQUESTS THAT THE COUNCIL REMOVE THE PROPOSED PERMIT RESTRICTION BEFORE PASSING THE ORDINANCE. AS WE HAVE EXPRESSED IN OUR LETTER AND HERE TONIGHT, WE STILL HAVE CONCERNS ABOUT THE RESTRICTIONS AND WORDING OF THE ORDINANCE REVISIONS AND WOULD LIKE TO SEE OUR CONCERNS ADDRESSED BEFORE THE ORDINANCE IS APPROVED. IF THERE ARE NO CHANGES, WE RESPECTFULLY RESERVE OUR RIGHT TO COME BACK TO THE CITY TO ADDRESS NEGATIVE AND OR DISCRIMINATORY DISCRIMINATORY IMPACTS BASED ON SUCH REVISIONS. THANK YOU FOR YOUR TIME AND CONSIDERATION AND HAPPY TO ANSWER ANY QUESTIONS. THANK YOU COUNCIL. I'D ASKED A QUESTION ON OUR CALL ON TUESDAY ABOUT THE BOND REQUIREMENT AND WHAT OTHER CITIES REQUIRE. DID WE GET AN ANSWER ON THAT? YEAH. SO CAN YOU REPEAT THE QUESTION? SO IN THE ORDINANCE, THERE'S A $50,000 BOND REQUIREMENT FOR EACH ROADWAY. SO IF YOU HAVE TEN OF THOSE THEN THAT COULD BE $500,000. IS THAT SOMETHING THAT OTHER CITIES DO AS WELL. NO. SO WHAT SOME OTHER CITIES ARE DOING, LIKE THE CITY OF ROUND ROCK AND THE CITY OF LAKEWAY, WHAT THEY'VE ADOPTED IS A TWO YEAR WARRANTY FOR REPAIRS. AND YOU KNOW, WHEN STAFF DISCUSSED IT TOO, WE WERE TRYING TO FIGURE OUT, YOU KNOW, WHAT WAS, HOW COULD THEY ENFORCE IT. AND SOME OTHER CITIES DON'T HAVE ANY KIND OF REQUIREMENT FOR THAT. OR INFORMATION ABOUT TWO YEAR WARRANTIES. THEY'VE KIND OF JUST WENT INTO AGREEMENTS, AND NOW THEY'RE KIND OF WORKING THROUGH REQUIREMENTS OF THEIR OWN. SO THERE'S REALLY NO STANDARD THAT'S OUT THERE RIGHT NOW. I THINK A LOT OF PEOPLE HAVE JUST A LOT OF CITIES HAVE BEEN TRYING TO PUT THINGS TOGETHER AS THEY COME ABOUT. AND SO IT IS KIND OF RELATIVELY NEW. AND SO BUT WHAT'S OUT THERE RIGHT NOW BETWEEN TWO CITIES IS THE TWO YEAR WARRANTY. SO OKAY, SO I WANTED TO COMMEND YOU FOR PUTTING THE BOND MAINTENANCE ITEM IN THERE. I THINK THAT'S GOOD, GOOD LOGIC. AND IT MAKES SURE THAT THEY COME BACK AND THEY FIX WHAT SOMETHING IF SOMETHING HAPPENS. I HAVE SOME QUESTIONS FOR OUR ATTORNEY MISS SIGNS. THANK YOU FOR COMING UP. SO JUST TO BE CLEAR, BEFORE WE VOTE ON THIS, YOU'VE BEEN INVOLVED IN HELPING WITH THE WRITING OF THIS, RIGHT? YOU'VE AT LEAST VETTED. I'VE REVIEWED, AND I HELPED WITH THE BONDING. OKAY. LANGUAGE. IS THERE ANYTHING IN THERE THAT YOU SEE AS A RED FLAG? NOT FROM A LEGAL PERSPECTIVE. IS THERE ANYTHING IN THERE THAT IS DISCRIMINATORY? I DIDN'T SEE THAT. IS THERE ANYTHING IN THERE THAT YOU THINK IS ILLEGAL? NO, I DID NOT, I WOULD HAVE. THANK YOU, THANK YOU. THEN I WILL MAKE A MOTION TO APPROVE. I'LL SECOND. MOTION AND SECOND. IS THERE FURTHER DISCUSSION? OH, THERE'S NO AMENDMENT WITH WITH YOUR AMENDMENT. THANK YOU. I DO HAVE A QUESTION. SO I WANT TO ASK, IS IT ROBERTO? JOHN. MICHAEL. I'M SORRY. IS THERE ANYTHING IN OUR ORDINANCE THAT WOULD YOU THINK WOULD KEEP GOOGLE FIBER FROM DOING WORK IN OUR CITY? NOT THAT WOULD PREVENT US FROM DOING WORK IN YOUR CITY, PER SE. WE WE DID. [02:20:03] AS KENT MENTIONED, WE HAVEN'T EXPERIENCED MAINTENANCE BOND REQUIREMENTS IN THIS FASHION BEFORE, BUT I THINK THE LANGUAGE SAYS IN A AS LONG AS IT'S A MATTER SUITABLE TO THE CITY ATTORNEY, WHAT WHAT YOU PROBABLY HAVEN'T SEEN YET IS FOR US TO PROCEED, WE WILL HAVE TO EXECUTE A RIGHT OF WAY AGREEMENT WITH THE LICENSE, WITH THE WITH THE CITY. OUR HOPE IS THAT THAT WILL COME TO YOU SOON. WHAT IS STANDARD IN OUR RIGHT OF WAY? AGREEMENT, AND WHAT I HOPE YOU WOULD SEE ACTUALLY EXCEEDS, IN A SENSE, THE REQUIREMENT FOR THE MAINTENANCE BOND. WE DO HAVE A PERFORMANCE BOND IN THERE, BUT REALLY THE RIGHT OF WAY LICENSE THAT WE WOULD PROPOSE WOULD PUT US ON THE HOOK FOR REPAIRING ANY DAMAGE FOR THE TERM OF THE OF THE AGREEMENT, WHICH I THINK RIGHT NOW IS PROPOSED AT 20 YEARS. SO IT'S ANYTHING THAT IS DAMAGED AS A RESULT OF OUR WORK. WE'RE ON THE HOOK TO, TO FIX WITH OR WITHOUT A MAINTENANCE BOND. SO WE'RE HOPEFUL THAT WHAT WE WOULD SIGN UP FOR IN OUR RIGHT OF WAY LICENSE WOULD EXCEED THE INTENT OF THE MAINTENANCE BOND, BECAUSE HAVING A $50,000 BOND FOR EVERY STREET, EVERY PROJECT FOR TWO YEARS WOULD TIE UP A LOT OF CAPITAL THAT WE COULD BE USING TO ACTUALLY BUILD THE NETWORK. SO WE'RE HOPEFUL THAT WHAT WE WOULD NORMALLY SIGN UP FOR MEETS AND ACTUALLY EXCEEDS WHAT YOU'RE LOOKING FOR AS FAR AS COVERAGE FOR THE CITY TO ENSURE THAT ANYTHING WE MESS UP WILL COME BACK AND FIX. SO I'LL WITHDRAW MY MOTION. DOES SHE HAVE TO WITHDRAW? I'M SORRY. BECKY HAD A COMMENT. YEAH, I GUESS MY QUESTION WAS ON THE TWO YEAR OR TWO YEAR, TWO WEEK. IF THERE'S A PAUSE, DOES THAT. I MEAN, IF THERE'S SOMETHING WEATHER RELATED OR SOMETHING THAT'S OUT OF THEIR CONTROL, IS THAT A CONSIDERATION OR. OKAY, THAT'S WHAT I WANTED TO MAKE SURE. THANK YOU. AND ON THE THE BOND PART, IF WE START AND THINGS AREN'T GOING WELL AND IT'S MAKING IT IMPOSSIBLE, WE WILL COME BACK AND WE CAN MAKE AMENDMENTS TO THE ORDINANCE. SO IT'S NOT FOREVER. DOES THAT MAKE SENSE? CAN I ASK? A GO AHEAD? I'M GONNA RECOGNIZE DAVID. SORRY. I WAS JUST SAYING. IT MAKES SENSE. I WAS JUST GOING TO. FOR MY OWN CLARIFICATION. IF THE INFORMATION THAT THEY'RE PROVIDING EXCEEDS, LIKE HE SAYS, THEY'RE RIGHT OF WAY AGREEMENT, I GUESS WOULD. IS THAT WHAT YOU SAID? YOU'RE RIGHT AWAY. AGREEMENT. I'M SORRY IT'S LATE, AND I'M TRYING TO REMEMBER YOUR EXACT WORDS AND NOT MISQUOTE YOU. YOU JUST TALKED ABOUT YOUR AGREEMENT AND THAT IT WOULD IT WOULD IT WOULD BE WORTH NOT WORTH MORE. OH MY GOSH, I'M SO TIRED, Y'ALL. I'M SORRY THAT I KNOW IT'S ALL WE'RE GOING TO BLAME THE SLIDES. I THINK WHAT I WAS SAYING IS THAT A STANDARD RIGHT OF WAY AGREEMENT WHICH THANK YOU. YOUR STANDARD RIGHT OF WAY AGREEMENT IS WE WOULD PROPOSE IT IS A STANDARD TERM, IS THAT WE ARE RESPONSIBLE TO REPAIR ANY DAMAGE. OTHERWISE WE'D BE IN BREACH OF OUR CONTRACT WITH THE CITY, ASSUMING THAT IT DOES GET APPROVED. YES. THAT IT IT EXCEEDS THE COVERAGE FOR THE CITY AND THAT IT'S A LONGER TERM. RIGHT. IT'S THERE'S NO LIMITATION ON DOLLAR AMOUNT. BUT WE ALSO HAVE A PERFORMANCE BOND AS PART OF THAT AGREEMENT. BUT AGAIN, YOU'LL SEE THAT HOPEFULLY HERE IN THE NEXT FEW WEEKS. I THINK THE INTENT OF THE MAINTENANCE BOND IS MORE THAN FULFILLED BY WHAT IS NORMAL IN OUR RIGHT OF WAY AGREEMENTS AND WHAT WE WOULD EXPECT THE COUNCIL TO SEE. SO WITH THAT, SUPERSEDE THAT AGREEMENT IN THE THE ORDINANCE, IT DOES SAY THAT IT SHALL BE SATISFACTORY TO THE CITY ATTORNEY AS TO FORM. SO I FEEL LIKE THAT WOULD BE FINE. RIGHT. OKAY. SO I DON'T MIND THE IDEA OF THE PROVIDERS COME BACK AND FIX IT. MY CONCERN IS SOMETIMES WE SEE IT WITH UTILITY PROVIDERS WHERE IT TAKES A VERY, VERY LONG TIME FOR THEM TO COME BACK AND WE CAN'T REGULATE IT. AND SO FOR ME, THAT'S WHERE THE DISCUSSION ON HAVING A BOND CAME IN. AND SO IF WE WANTED TO SPLIT THINGS SOMEHOW WHERE, YOU KNOW, MAYBE THERE'S JUST ONE BOND REQUIRED TO DO BUSINESS OR WE'RE JUST FINE WITH YOU MAY DO EITHER OR LIKE, I WANT IT TO BE CLEAR IN THE LANGUAGE THAT THERE'S THERE'S I'M OKAY WITH DIFFERENT PATHS TO GET TO THE SAME RESULT. I JUST DON'T WANT TO HAVE A SITUATION BECAUSE I'M ESPECIALLY NERVOUS ABOUT ALLOWING TWO LINES, BECAUSE I THINK THE FIRST PERSON'S LINE HAS A GOOD CHANCE OF BEING CUT. I DON'T WANT TO SEE SOMEBODY COME IN AND CUT SOMEONE ELSE'S LINE, AND THEN PEOPLE ARE JUST WITHOUT SERVICE FOR WEEKS ON END. THAT'S MY BIG CONCERN. SO HOWEVER WE GET THERE, THAT IS EQUITABLE AND AND WORKS I'M FINE WITH. I THINK YOU JUST MADE A GOOD POINT. CAN WE JUST ADD SOME LANGUAGE THAT, YOU KNOW, WITH THE BOND OR. SOMETHING THAT EXCEEDS THAT [02:25:03] REQUIREMENT, LIKE WHAT WE FEEL LIKE THEY DO REASONABLE AGREEMENT OR SOMETHING. YEAH. IT'S SIMILAR. THAT'S RIGHT. I DID I DID SORRY. IS THAT A QUESTION. GO AHEAD. GO AHEAD GO AHEAD ROBIN. SORRY, I DIDN'T HEAR ANYTHING I'LL JUST SAID BUT WHAT I WAS TALKING ABOUT EARLIER. SO I THINK THAT RIGHT NOW, THE WAY THIS ORDINANCE IS STRUCTURED AFTER ADOPTION, 60 DAYS TILL WE START ALLOWING IT. SO WE'RE GOING TO START ALL THE TRAINING AND UPDATING ALL OF OUR THINGS. I, I WAS, I WAS HOPING MAYBE WE COULD HAVE AGREEMENT ON EVERYTHING EXCEPT FOR THE BOND MAYBE. AND THAT WAY WE COULD START THAT STEP IN OUR PROCESS. SO WE STAY ON THAT TIMELINE, AND MAYBE WE BRING IT BACK AT THE NEXT MEETING AND TRY TO COME UP WITH SOME OTHER ALTERNATIVE. I'M GOOD WITH THAT. IF YOU AND COUNCIL ARE. YEAH. I HAVE A QUESTION FIRST. SO GENERALLY WHEN THESE FIRMS ARE DOING BUSINESS IN A CITY, ARE THEY CARRY CONSTRUCTION BONDS IN GENERAL, DON'T THEY CARRY SURETY BONDS OR THINGS LIKE THAT FOR THEIR GENERAL PRACTICE. SO THEY WOULD JUST APPLY THE PROJECT TO THAT. AND ALL IT IS, IS A MATTER OF ADDING IT TO I THINK WE'RE NOT ASKING FOR A SPECIFIC BOND FOR SPECIFIC ROAD ON A SPECIFIC DAY. WE'RE SAYING THAT YOU ARE OBLIGATING YOUR BOND SURETY AGAINST THIS, AND YOU'RE JUST LISTING IT AGAINST THE PROJECTS THAT YOU CARRY FOR YOUR ONGOING PART OF YOUR BUSINESS. SO I DON'T I DON'T THINK IT'S ONEROUS TO ASK YOU TO JUST HAVE A PROCESS TO PUT THAT ON THERE. I THINK THAT IN GENERAL, I JUST THINK BECAUSE YOU GUYS, I'M SURE YOU PROBABLY HAVE A A $2 BILLION BOND THAT YOU CARRY FOR THIS KIND OF CRAP. SO, I MEAN, SO I JUST, YOU KNOW, AND HE JUST LISTED ON THERE. SO ANYWAYS, IT'S NOT OFTEN THAT WORD GOES IN THE OFFICIAL RECORD. I'LL JUST CLARIFY TO, YOU KNOW, JUST WITH SPEAKING WITH STAFF, THE INTENT FOR THE BOND TO WOULD JUST BE ONE BOND THAT WOULD COVER. RIGHT? SO IT'S NOT ONE BOND PER PERMIT AND THAT STUFF, IT WOULD JUST BE ONE THAT COVERS FOR THE, YOU KNOW, BECAUSE WHO COULD TELL WHAT HAPPENS WHERE, WHERE. AND SO IT WOULD JUST THE INTENT JUST FOR ONE BOND. YEAH. MR. CORTEZ, DID YOU HAVE A COMMENT ON THAT? YOU LEANED IN. OKAY. ALL RIGHT. SO. WE'LL KEEP WORKING ON THE LANGUAGE, BUT WE'LL PASS THE REST OF IT. SO I DON'T KNOW THAT IT'S NECESSARILY YOU TAKING ACTION BECAUSE WE'RE STILL MAKING CHANGES. BUT I THINK IF WE'RE ALL AGREEING, EVERYTHING IS GOOD EXCEPT FOR THAT PART, THEN STAFF CAN START THEIR THING AND THEN AT THE NEXT MEETING, WE COULD HAVE SOME BETTER LANGUAGE AND HOPEFULLY TAKE ACTION. ONE SECOND. I'M REREADING THE BOND PART. WHAT IF WE KEPT THE BOND IN? BUT CLEANED UP THE LANGUAGE A LITTLE BIT TO MAKE IT CLEAR THAT IT'S JUST ONE BOND TO DO BUSINESS IN THE CITY AND NOT A BOND PER PROJECT, RIGHT? RIGHT. COUNCIL, WHAT DO YOU GUYS THINK OF THAT? I'M GOOD WITH THAT. OKAY. APPLICANTS OR FUTURE APPLICANTS, ARE YOU BOTH GOOD WITH THAT OR IS THAT STILL A CONCERN? COMING UP TO THE MICROPHONE, I WOULD NEED TO DEFER TO OUR LEGAL TEAM BEFORE I CAN GIVE A FIRM ANSWER. OKAY. YEAH. UNFORTUNATELY. OKAY. THEY GIVE YOU ANY ADVICE ABOUT THE BONDS AT ALL? NOT SPECIFICALLY OKAY IN HOW WE'RE ADDRESSING IT HERE, BUT I CAN FOLLOW UP. OKAY. MR. CORTEZ, I THINK IT WOULD BE FINE, AS YOU SUGGESTED. AS I MENTIONED, AS A STANDARD PART OF OUR AGREEMENT, WE WOULD HAVE A $50,000 PERFORMANCE BOND, YOU SEE. SO THE COUNCIL WOULD IN THE CITY WOULD HAVE KIND OF BELT AND SUSPENDERS. YOU WOULD HAVE THE PERFORMANCE BOND AND A CONTRACTUAL OBLIGATION THAT GOES BEYOND THE BOND TO REPAIR ANYTHING. AND OUR USUAL SERVICE LEVEL AGREEMENT, AT LEAST, THAT WE HOLD OURSELVES AND TRY TO BE ACCOUNTABLE FOR WITH OUR MUNICIPAL PARTNERS, IS ONCE WE'RE MADE AWARE OF ANY KIND OF DAMAGE THAT'S RELATED TO OUR WORK. THE SERVICE LEVEL IS REPAIRED WITHIN 14 DAYS. OKAY. ALL RIGHT. SO THIS DOESN'T SOUND ONEROUS. IT IT'S NOT ONEROUS THE WAY THAT IT'S BEEN. SO IF IT'S NOT ONEROUS I WOULD LOVE TO GET THIS PASSED TODAY SO WE CAN START MOVING FORWARD ON IT. SO I WILL MAKE ANOTHER MOTION TO APPROVE THIS WITH MISS GRIFFIN'S RECOMMENDATIONS AND CHANGING THE WORDING ON LOOKS LIKE TWO, THREE, ONE WHERE IT STARTS SAYING IT'S ON PAGE THREE AND CARRIES INTO PAGE FOUR. CURRENTLY SAYS AT THE TOP OF PAGE FOUR. THE MAINTENANCE BOND SHALL BE IN THE AMOUNT OF $50,000, AND THEN [02:30:06] IT GOES ON AT THE END OF $50,000. LET'S AMEND THE LANGUAGE TO SAY. WHAT DO YOU WANT TO SAY AS A ONE TIME FEE PER APPLICANT? DOES THAT WORK PER PROVIDER? PER PROVIDER? THERE YOU GO. THAT WORKS. THANK YOU. YOU'RE SO GOOD AT THIS. THAT'S MY MOTION. I'LL SECOND. ALL RIGHT. AND AND, MISS JOHNSON, IF YOU GO BACK TO YOUR TEAM AND THEY FEEL LIKE THAT'S ONEROUS, REACH BACK OUT TO US AND WE CAN REVISIT IT. BECAUSE LIKE MISS GRIFFIN SAID, IT'S NOT SET IN STONE. OKAY. WE'LL DO THIS ALLOWS US ALL TO KEEP GOING. ALL RIGHT. SO THERE'S A MOTION. AND A SECOND IS THERE FURTHER DISCUSSION? ALL THOSE IN FAVOR PASSES UNANIMOUSLY. THANK YOU VERY MUCH. ALL RIGHT. ITEM. 21. NO 2020. NOTE THAT WAS 2021. IT'S ALL THE SLIDES. [21. Discuss and consider action regarding Ordinance Case OR-25-0033 to amend the Sign Ordinance to update Section 3.08.014 regarding time frames associated with the Promotional Event Package, and to provide for related matters; Leander, Williamson and Travis Counties, Texas.] DISCUSS AND CONSIDER ACTION REGARDING ORDINANCE CASE OR DASH 250033 TO AMEND THE SIGN ORDINANCE TO UPDATE SECTION 3.08.014 REGARDING TIME FRAMES ASSOCIATED WITH THE PROMOTIONAL EVENT PACKAGE, AND TO PROVIDE FOR RELATED MATTERS. LEANDER, WILLIAMSON AND TRAVIS COUNTY, TEXAS. WE DO HAVE ONE SPEAKER ON THIS. WE'LL DO IT THE SAME WAY YOU PRESENT, AND THEN WE'LL BRING THE SPEAKER UP. AND MAYBE WE HAVE BACK AND FORTH. WE'LL SEE. EXECUTIVE DIRECTOR OF DEVELOPMENT SERVICES. GRIFFIN, WELCOME BACK. GOOD EVENING. SO THIS AMENDMENT IS CHANGING THE FREQUENCY OF THE SIGNAGE FROM EIGHT TIMES PER YEAR TO 12 TIMES PER YEAR. AND WE STARTED WITH SAYING IT WAS FOR A TWO YEAR PERIOD. EVERYBODY GOT VERY CONFUSED WHEN WE WERE TALKING THROUGH IT. SO WHAT WE WE LANDED ON WAS SAYING, YOUR PERMIT IS GOOD FOR A YEAR, NOT A CALENDAR YEAR, SO YOU'RE GETTING IT FOR THAT TERM. AND I THINK IT MET THE SAME INTENT. AND GLAD TO ANSWER YOUR QUESTIONS AFTER THE SPEAKER. THANK YOU. THANK YOU SO MUCH, ANITA. WELCOME BACK. MISS CHUNG. PLEASE GIVE YOUR NAME AND ADDRESS. YOU'LL HAVE THREE MINUTES. ANITA. TOMANOVIC, 708 PALMOS DRIVE. OVER THE LAST TWO YEARS, THIS ORDINANCE HAS BEEN AMENDED MULTIPLE TIMES, MOST RECENTLY IN MAY AND JULY, LARGELY IN RESPONSE TO DEVELOPER CONCERNS. THOSE CHANGES EXPANDED DEVELOPER TOOLS, TRAPS, SUBDIVISION SCRIMS, LARGER PROMOTIONAL PACKAGES AND LONGER TIME FRAMES. BUT DURING THAT SAME PERIOD, SMALL BUSINESSES HAVE BEEN LEFT WITH VERY FEW OPTIONS. EVEN SOMETHING AS SIMPLE AS A PROMOTIONAL EVENT PACKAGE STILL REQUIRES A PERMIT, IS CAPPED AT JUST A HANDFUL OF TIMES PER YEAR AND CAN'T LAST FOR MORE THAN TWO WEEKS. MEANWHILE, DEVELOPERS WHO ONLY NEED VISIBILITY UNTIL A LOT IS SOLD ARE ALLOWED TO LINE MAJOR ARTERIALS LIKE 183, CRYSTAL FALLS AND RONALD REAGAN WITH SUPER FLAGS AND BANNERS FOR YEARS AT A TIME. HERE'S THE REALITY LEANDER HAS NO ARCHITECTURAL MINIMUMS TO ENSURE VISIBILITY FOR PERMANENT BUSINESS SIGNS. MANY STOREFRONTS SIT BEHIND BERMS. WALLS ARE FAR BACK FROM THE ROAD. PERMANENT SIGNS ARE UNDERSIZED COMPARED TO THE TRAFFIC SPEED AND VOLUME, AND THAT MEANS TEMPORARY SIGNAGE IS OFTEN THE ONLY WAY SMALL BUSINESSES CAN GET NOTICED. AND YET, THOSE ARE THE VERY TOOLS MOST RESTRICTED BY THIS ORDINANCE. I'LL GIVE YOU A REAL WORLD EXAMPLE. SCHALK BURGER IS CELEBRATING THEIR FIVE YEAR ANNIVERSARY THIS WEEKEND AT RONALD REAGAN LOCATION. I HOPE EVERYONE STOPS BY, BUT BUILDING ISN'T VERY VISIBLE FROM THE ROAD, AND IF I WANTED TO STAND ON THE CORNER AND HOLD A BIG SHARK BALLOON JUST TO HELP DRAW ATTENTION, THE CITY WOULD REQUIRE A PERMIT AND CLASSIFY ME AS A HUMAN SIGN. THAT'S HOW RESTRICTIVE THIS IS. MEANWHILE, DEVELOPERS SATURATE OUR CORRIDORS WITH SUPER FLAGS AND BILLBOARDS FOR MONTHS AND SOMETIMES YEARS, AND WHEN THEY'RE DONE SELLING HOUSES, THEY LEAVE. BUT SMALL BUSINESSES THAT REMAIN ARE BOUND BY THE RULES THAT MAKE IT NEARLY IMPOSSIBLE TO COMPETE FOR ATTENTION. SO MY QUESTION IS SIMPLE IF HOMEBUILDERS CAN DOMINATE MATERIALS WITH SUPER FLAGS AND BILLBOARDS, WHY CAN'T SMALL BUSINESSES THAT HAVE LARGER TIME FRAME WINDOWS TO ANNOUNCE THEY'RE OPEN? IF CONCERN IS LIABILITY OR ESTHETICS, IT SHOULD APPLY EVENLY. DEVELOPERS ARGUE THAT THEIR SIGNS ARE ABOUT WAYFINDING, BUT IN THE MODERN ERA OF SMARTPHONES, ONLINE LISTINGS AND NAVIGATION APPS, NO ONE NEEDS FLUTTER FLAGS TO FIND A SUBDIVISION. IT'S A SMALL IT'S SMALL BUSINESSES, NOT SUBDIVISIONS WITH NAVIGATIONAL ADVERTISING CAMPAIGNS THAT ACTUALLY DEPEND ON STREET LEVEL VISIBILITY. THIS ISN'T A QUESTION OF CLUTTER. IT'S A QUESTION OF FAIRNESS. IF THE CITY ALLOWS DEVELOPERS TO BLINK AT ARTERIALS WITH TEMPORARY ADVERTISING, THEN BUSINESSES DESERVE A LEVEL PLAYING FIELD. THAT'S WHY I ENCOURAGE THE COUNCIL TO DO TWO THINGS ESTABLISH MINIMUM DESIGN STANDARDS FOR NEW DEVELOPMENTS SO BUSINESSES AREN'T HIDDEN BEHIND BERMS AND UNDERSIZED SIGNS, AND TWO LEVEL THE RULES BETWEEN DEVELOPERS AND BUSINESSES. IF DEVELOPERS ARE ALLOWED LARGE SCALE TEMPORARY ADVERTISING, THEN BUSINESSES SHOULD HAVE THE EQUIVALENT FLEXIBILITY. DEVELOPERS BRING ROOFTOPS, BUT SMALL BUSINESSES BRING SALES TAX STABILITY AND COMMUNITY. IF WE KEEP TILTING THE BALANCE TOWARDS DEVELOPERS, WE RISK A CITY FULL OF SUBDIVISIONS BUT EMPTY STOREFRONTS. I ASK YOU TO USE THIS AMENDMENT AS AN OPPORTUNITY TO REVISIT THIS [02:35:03] ORDINANCE WITH SMALL BUSINESSES EQUITY IN MIND. THANK YOU. THANK YOU SO MUCH, MR. CHAIRMAN. I WOULD ENCOURAGE YOU TO READ THROUGH THE SIGN ORDINANCE. AND IT'S NOT PERFECT, BUT WE ARE BUILDING THIS PLANE WHILE WE'RE FLYING IT. IT USED TO BE VERY RESTRICTIVE. AND WHEN WE CHANGED IT TO NOT BE RESTRICTIVE, ALL OF THESE VARIOUS THINGS OPEN UP. BUT WHAT IT IS, IS VERY EQUITABLE. AND THERE IS NO LOCATION IN TOWN THAT IS ALLOWED TO HAVE A SUPER FLAG WITHOUT HAVING THE SPECIAL EVENT PERMIT, WHETHER THAT'S A BUILDER OR A BUSINESS OR SOMEBODY'S FRONT YARD. THAT'S ALL I HAD ON THAT COUNCIL. I WAS JUST GOING TO ASK ROBIN IF YOU WOULD CLARIFY. THE COMMENT WAS MADE ABOUT THE TWO WEEK PERIOD, AND IT'S NOT MY UNDERSTANDING THE WAY IT'S CHANGED IS NOT. YOU CAN DO YOUR FULL 12 WEEKS ALL TOGETHER. IT CAN ALL BE COMBINED. SO YOU'RE NOT LIMITED TO JUST TWO WEEKS. AND I WILL SAY ONE OF THE OWNERS OF SHARPSBURG WAS HERE AT OUR LAST MEETING WHERE WE TALKED ABOUT THE SIGNAGE. AND AT THE TIME HE SAID THAT WITH THE CHANGES THAT WE MADE, THAT THEY WOULD BE BENEFICIAL TO THE BUSINESS OVER ON RONALD REAGAN. SO I THINK HE WAS OKAY WITH SOME OF THE CHANGES THAT HAVE BEEN MADE. AND OF COURSE, IT'S EVOLVING SO WE CAN CHANGE IT AND DO MORE AS WE GO AND SEE HOW IT WORKS. BUT HE WAS PLEASED FROM WHAT I UNDERSTOOD, AND I'M SURE IT'LL KEEP COMING BACK AND EVOLVING. YEAH. AND I JUST WANT TO REITERATE THAT I THINK THAT ONE OF THE THINGS WE HAVE TO DO IS DO A BETTER JOB OF COMMUNICATING TO OUR BUSINESS OWNERS THROUGH OUR ECONOMIC DEVELOPMENT COMMITTEE OR OUR BUSINESS THINGS, DOING BUSINESS WITH THE CITY OR DOING BUSINESS IN THE CITY ABOUT SIGNS AND ALL THAT. BECAUSE WE DO HAVE A LOT OF UNDERSIZED SIGNS WHERE THEY'RE ABLE TO DO BIGGER SIGNS AND THE LANDLORDS AREN'T DOING THEM. AND MAYBE WE NEED TO INFORM THE BUSINESS, THE OWNER SIDE OF IT. AND THEN THERE'S THE RENTER SIDE OF IT, THE PEOPLE THAT ARE LEASING THESE SPACES. AND WE COULD DO HELP THEM IN THAT WAY SO THAT THEY COULD TAKE ADVANTAGE OF SOME OF THE FLEXIBILITY IN THE SIGN ORDINANCE. SO THANK YOU FOR BRINGING THAT UP, BECAUSE WE DID TALK ABOUT THAT AT THE LAST WORKSHOP THAT WE DID. AND AND PEOPLE SEEMED A LITTLE BIT SHOCKED THAT THEY COULD HAVE BIGGER SIGNS, BUT THEY COULD HAVE BIGGER SIGNS. IT'S DO YOU HAVE THE FINANCIAL WHEREWITHAL TO PAY FOR THAT SAID BIGGER SIGN, AND THAT MAY BE THE BIGGER OBSTACLE. SO. AND DOES YOUR LANDLORD AND DOES YOUR LANDLORD AGREE WITH IT? THAT'S I THINK THAT'S THE BIG HURDLE IF YOU ARE NOT OWNING IT. SO YEAH, THANK YOU FOR THAT REMINDER. DID I SEE YOU REACHING. OH ALL RIGHT. ANYTHING ELSE COUNCIL. ALL RIGHT I'LL MAKE A MOTION TO APPROVE. I'LL SECOND. MOTION AND A SECOND. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR PASSES UNANIMOUSLY. THANK YOU. [22. Receive an update from City staff regarding potential ordinance updates associated with Short Term Rentals and provide feedback regarding changes to the ordinance; Leander, Williamson and Travis Counties, Texas.] ITEM 22. THINK? YEP. RECEIVE AN UPDATE FROM CITY STAFF REGARDING POTENTIAL ORDINANCE UPDATES ASSOCIATED WITH SHORT TERM RENTALS, AND PROVIDE FEEDBACK REGARDING CHANGES TO THE ORDINANCE. LEANDER WILLIAMSON AND TRAVIS COUNTY, TEXAS EXECUTIVE DIRECTOR OF DEVELOPMENT DEVELOPMENT SERVICES. GRIFFIN, IT IS YOUR SHOW TONIGHT. GOOD EVENING. SO TONIGHT I'M PROVIDING AN UPDATE ON SHORT TERM RENTALS. IT'S IT'S BEEN A MINUTE. I THINK LAST TIME WE TALKED ABOUT IT, IT WAS 2000 OR 2023. AND WE TALKED ABOUT KIND OF THE DEFINITION OF A SHORT TERM RENTAL AND WHAT THE CURRENT REQUIREMENTS ARE FROM THE ORDINANCE. I HAVE A LITTLE SUMMARY THAT THAT WE FOUND ONLINE ABOUT SHORT TERM RENTALS. AND WHEN IT'S POPULAR, HOW MUCH THEY USUALLY COST. AND ONE OF THE BIGGEST AREAS FOR SHORT TERM RENTALS IS AUSTIN. OUR CURRENT ORDINANCE REQUIRES THAT YOU HAVE GENERAL COMMERCIAL ZONING TO HAVE A SHORT TERM RENTALS. THAT MEANS IT WOULDN'T BE ALLOWED BY RIGHT IN SINGLE FAMILY. RIGHT NOW, WE DO HAVE SHORT TERM RENTALS THAT ARE OPERATING WITHOUT PERMITTING. THEY ARE SUPPOSED TO PAY THE HOTEL OCCUPANCY TAX, BUT THEY ARE NOT PAYING IT CURRENTLY. AND WE HAD A THIRD PARTY DO SOME RESEARCH FOR US BACK IN 2022, AND THEY CAME UP WITH THE NUMBER OF 50. I WAS ON AIRBNB TODAY AND I FOUND 39 THAT WERE ACTUALLY IN THE CITY LIMITS. IT GOES BY ZIP CODE, SO IT GOES ALL THE WAY IN THE ETJ AND JONESTOWN. SO LAST TIME WE TALKED ABOUT OUR THREE OPTIONS FOR HOW WE CAN DEAL WITH SHORT TERM RENTALS. WE HAD LOW, MODERATE, HIGH AT THE TIME. WE WE FOCUSED ON THE MODERATE REGULATIONS. SO WHAT WE TALKED ABOUT WAS ALLOWING SHORT TERM RENTALS IN ALL NON RESIDENTIAL DISTRICTS AND IN RESIDENTIAL. THEY WOULD BE ALLOWED BY RIGHT AS LONG AS YOU HAD A HOMESTEAD EXEMPTION. SO THAT MEANS YOU'D BE THE HOMEOWNERS WHO ACTUALLY CARE ABOUT THE PROPERTY AND NOT JUST AN INVESTMENT PROPERTY. CORRECT? CORRECT. AND IF YOU DIDN'T OWN THE HOME, IT WOULD BE CONSIDERED LIKE A BUSINESS BECAUSE YOU'RE DOING IT TO HAVE LIKE A PARTY HOUSE OR SOMETHING FOR FOR PEOPLE TO GO TO. SINCE THAT TIME, WE'VE BEEN WATCHING WHAT OTHER CITIES HAVE DONE WITH THEIR AMENDMENTS AND HOW [02:40:02] IT'S GOING. I'VE GOTTEN A LOT OF FEEDBACK AND THEY'RE ALL OVER THE PLACE. CEDAR PARK, THEY ALLOW THEM IN ALL DISTRICTS AND THEY DON'T HAVE A COMPANY THAT COLLECTS, BUT THEY GET SOME OF THE TAX, BUT THEY ARE TAKING KIND OF A A PASSIVE ROLE WITH SHORT TERM RENTALS. OTHER CITIES, THEY DO HAVE A THIRD PARTY THAT DOES THE RESEARCH. AND THE TWO THAT WE'VE SPOKEN TO THIS WEEK, THEY'RE PAYING THE COMPANY MORE THAN THEY'RE BRINGING IN IN THEIR SHORT TERM RENTALS. AND THAT'S A BIG CONCERN. WE'VE SET UP MEETINGS WITH TWO OF THE COMPANIES THAT OFFER THE SERVICE, JUST TO GET SOME MORE FEEDBACK ON LEANDER AND WHAT THEY THINK OUR OPTIONS WOULD BE. AND THEN WE'RE ALSO MEETING WITH AIRBNB TOMORROW. THERE IS SUPPOSEDLY A GOVERNMENT PROGRAM THAT THEY HAVE WHERE THEY'LL BE A PARTNER WITH YOU, AND THEY COLLECT IT FOR YOU AND THEY TAKE A PERCENTAGE. SO IT'S NOT THEM SEARCHING FOR IT. THEY JUST AUTOMATICALLY CHARGE IT. SO THAT ONE, IF THAT IS TRUE, SEEM LIKE THE BEST APPROACH BECAUSE THERE'S NOT LIKE A MONTHLY FEE AND THEY TAKE A PERCENTAGE EVEN THOUGH IT'S THEIR COMPANY AND THEY'RE ALREADY MAKING IT. YEAH. THAT'S IT. YES. YEAH. BUT THE OTHER COMPANIES TAKE EVEN MORE. SO IT'S. YEAH. SO IT'S IT'S INTERESTING BUT WE'RE HOPING TO GET ALL OF THAT TOGETHER. AND I THINK WE CAN PROVIDE YOU GUYS WITH A BETTER UPDATE WITH MORE INFORMATION ONCE WE FINISH THAT RESEARCH. BUT I THINK IN THE NEXT COUPLE WEEKS WE'LL HAVE MORE INFO. THANK YOU. COUNCIL THOUGHTS? SO I'LL JUMP IN BECAUSE WE GOT THE LETTER FROM BRIGITTE AT THE CHAMBER. AND THAT IS I WILL OWN THAT. AT THE BREAKFAST THE OTHER DAY, I MENTIONED THAT SHORT TERM RENTALS WAS COMING UP ON THIS AGENDA, AND AFTERWARDS SHE ASKED ME, WELL, WHAT IS THE RECOMMENDATION? I SAID, NO, ALL RIGHT. WE'RE GOING TO WE'RE GOING TO FIND OUT WHEN WE GET THERE AND JUST HAVE A CONVERSATION. AND SO WE HAD A GOOD CONVERSATION ABOUT HOT FUNDS. AND THE CHAMBER IS VERY INTERESTED IN ASSISTING WITH THAT COLLECTION. SO I WOULD REALLY LIKE TO MOVE FORWARD WITH TRYING TO FIGURE OUT THE BEST, EASIEST WAY TO DO THIS ALONG WITH THE CHAMBER. WOULD THAT BE OKAY FOR YOU TO WORK WITH THEM? WE ALREADY TALK, SO YES, I COULD CONTINUE. YEAH. OR I GUESS MAYBE FINANCE WOULD BE INVOLVED. FINANCE IS DEFINITELY INVOLVED. THEY'RE COMING TO SOME OF MY MEETINGS. OKAY, GOOD. OTIS JUST FOUND OUT. SO BEFORE THIS CONVERSATION I TOLD HIM A LITTLE BIT EARLIER, BUT. YEAH. SO WE'RE ALL GONNA GET TOGETHER. YEAH. SO I THINK THAT WOULD BE MY WISH. IS THAT Y'ALL WORK TOGETHER TO FIND THE LEAST COMPLICATED WAY THAT CAN START COLLECTING. AND I THINK THAT WAS THE OTHER THING WE KIND OF RAN INTO IS WHEN WE'RE LOOKING AT THE MODERATE, WE'RE GOING TO HAVE A REGISTRATION, WE'RE GOING TO HAVE A PERMITTING, WE'RE GONNA HAVE AN INSPECTION, WE'LL HAVE CODE ENFORCEMENT. SO IT JUST BECAME ALL THESE, THESE THINGS. AND THEN WE NEED MORE STAFF AND PEOPLE GET FRUSTRATED WITH AN EXTRA STEP FOR THEM TO FOLLOW. SO IT'S TRYING TO FIND THE BALANCE BETWEEN THE TWO WHERE IT'S NOT FRUSTRATING. THEY STILL WANT TO DO IT, BUT THEN WE'RE STILL ABLE TO IMPLEMENT SOMETHING BECAUSE THE THE PART THAT MAKES ME NERVOUS ABOUT THE WAY CEDAR PARK HANDLES IT IS THERE'S NO OVERSIGHT. SO THAT MEANS IF A CITIZEN HAS A NEIGHBOR THAT DOES USE IT AS A PARTY HOUSE AND IT'S LOUD AND PROBLEMATIC, IT'S HARDER FOR US TO ENFORCE BECAUSE THERE'S NOT REALLY A REGULATION BEHIND IT. SO IT'S FINDING THE MIDDLE GROUND THAT MAKES SENSE. COUNCIL THOUGHTS. YOU LIKE IT? ALL RIGHT. WE LIKE IT OKAY. SO I'M GOING TO COME BACK THOUGH WITH KIND OF OUR FINDINGS AND GIVE YOU ALL ANOTHER UPDATE. NOT IN TWO YEARS PROBABLY IN A MONTH. SO I WOULD JUST SAY THAT I JUST SAY I THINK IT'S A GOOD IDEA TO GO AFTER THE PEOPLE THAT DO THE BOOKINGS AND COLLECT THE FEE THERE, RATHER THAN THAN TRYING TO GO AND FIND EVERY PERSON AND HAVE THEM OWN UP TO WHAT THEY DO. YEAH, THAT'S THE HARD PART. ALL RIGHT. THANK YOU VERY MUCH. ITEM 23 RECEIVE AN UPDATE FROM [23. Receive an update from City staff regarding potential ordinance updates associated with artificial turf and provide feedback regarding changes to the ordinance; Leander, Williamson and Travis Counties, Texas.] CITY STAFF REGARDING POTENTIAL ORDINANCE UPDATES ASSOCIATED WITH ARTIFICIAL TURF, AND PROVIDE FEEDBACK REGARDING CHANGES TO THE ORDINANCE. LEANDER WILLIAMSON AND TRAVIS COUNTY, TEXAS EXECUTIVE DIRECTOR OF DEVELOPMENT SERVICES. GRIFFIN THIS IS ALSO, YOU KNOW, THANK YOU. SO THIS IS AN UPDATE ON THE TURF GRASS, THE ARTIFICIAL TURF REQUIREMENTS. SO I WENT OVER THIS LAST TIME WE TALKED ABOUT VESTED RIGHTS AND THE CHANGES WE MADE TO OUR ORDINANCES. SO I'LL BE BRIEF. BUT BEFORE 20 OR 2005 WE DIDN'T HAVE A LIMIT ON YOUR TURF. AND I'M TALKING REGULAR GRASS THAT'S DRINKING ALL THE WATER. IN 2005, WE ADOPTED AN UPDATE IN COMPLIANCE WITH LCRA THAT HAD THE LIMIT ON TURF FOR JUST NONRESIDENTIAL 2014. WE HAD A BIGGER ORDINANCE CHANGE WHERE IT MAINTAINED THAT LIMITATION FOR COMMERCIAL, AND THEN ADDED ONE FOR RESIDENTIAL, AND NOW WE HAVE A MORE INTENSE ONE FOR RESIDENTIAL. SO. SO WHAT HAPPENS WHEN YOU TURN IN YOUR YOUR CONCEPT PLAN? SO IF WE TOOK A CONCEPT PLAN IN 21 AND THEN THEY DON'T BUILD THE HOMES TILL 25, THEY'RE UNDER THAT OLD STANDARD. SO WE'RE JUST NOW SEEING THE DEVELOPMENTS THAT HAVE LESS TURF. CRYSTAL SPRINGS IS PROBABLY OUR FIRST EXAMPLE. SO WHEN YOU LOOK AT THEIR HOUSES THEY HAVE THE ROCK ON THE SIDE. [02:45:04] SO THEY HAD TO FOLLOW THE LIMITATION WHERE IT'S HALF OF THE LOT CAN'T CAN ONLY BE TURF. SO THAT'S THE STORY ON THE THE TURF GRASS WHEN IT'S ACTUAL GRASS. IN OUR LAST MEETING WE TALKED ABOUT ARTIFICIAL TURF. THE STAFF CONCERNS, THE DIFFERENT BENEFITS THAT WE WERE SEEING. AND EMILY'S TEAM HAS BEEN PARTICIPATING IN MEETINGS WITH THE LCRA. SORRY I DIDN'T TALK ABOUT THIS SLIDE. THIS IS WHAT OTHER MUNICIPALITIES ARE DOING. SO ROUND ROCK AND PFLUGERVILLE DON'T ALLOW IT. CEDAR PARK DIDN'T PROVIDE AN ANSWER AND I COULDN'T FIND ANYTHING ONLINE. GEORGETOWN HAS A PROCESS, BUT LAST TIME I TALKED TO THEM, THEY SAID THAT NO ONE'S USED IT BECAUSE IT'S VERY CHALLENGING. YOU HAVE TO HAVE DESIGN PLANS BY ENGINEER AND ALL THE THINGS FOR RESIDENTIAL, SO IT WAS DIFFICULT. AUSTIN IS ALSO UNCLEAR. AND THEN LAKEWAY, THEY HAD ADDITIONAL CRITERIA WITH THEIRS, BUT EMILY SEEMS BEEN WORKING WITH LCRA AND THEY'VE ATTENDED FOUR SESSIONS WITH THEM, AND IT INCLUDES OTHER CITIES AS WELL AS OTHER COUNTIES TALKING ABOUT ARTIFICIAL TURF AND HOW TO IMPLEMENT IT. SHE DID SPEAK WITH THEM AND THEY'RE GOING TO HAVE A DRAFT REGULATION IN SEPTEMBER. SO WE WANT TO TRY TO TAKE ADVANTAGE OF THEIR THEIR RESEARCH AND THAT THAT WHOLE TEAM OF VERY SMART PEOPLE AND HOPEFULLY COME UP WITH SOME GOOD SOLUTIONS FOR LEANDER. WE STILL HAVE A LOT OF CONCERNS BECAUSE IT'S VERY CHALLENGING WITH RESIDENTIAL HOMEOWNERS BECAUSE THERE'S A MAINTENANCE COMPONENT AND INSTALLATION, AND WE'RE VERY CONCERNED ABOUT DRAINAGE AND THE ENVIRONMENT AND ALL OF THOSE THINGS. SO ABSOLUTELY. THANK YOU. WE DO HAVE A SPEAKER, ANITA. GOOD EVENING, MISS CHEN. YOU HAVE THREE MINUTES. GIVE YOUR NAME AND ADDRESS YOUR LAST SPEAKER TONIGHT, ANITA TRNOVEC, 708 PALMAS DRIVE. GOOD EVENING. THE QUESTIONS WE SHOULD BE ASKING ISN'T JUST TURF VERSUS GRASS. IT'S WHETHER ARTIFICIAL TURF IS THE ONLY OPTION WE'RE WILLING TO CONSIDER. WHAT DOES THE CITY LOSE BY BREAKING THE MOLD? WE HAVE A CHANCE TO LEAD BY OPENING THE DOOR TO TURF TO NATIVE PLANT CONVERSION PROJECTS. NATIVE LANDSCAPES ARE NOT ONLY WATERWISE, THEY'RE RESILIENT. THEY REQUIRE FAR LESS MAINTENANCE THAN TURF, SUPPORT POLLINATORS AND WILDLIFE, AND SHOWCASE THE NATURAL CHARACTERISTICS OF CENTRAL TEXAS. INSTEAD OF LAYING DOWN PLASTIC THAT ACTS LIKE PAVEMENT, NATIVE PLANTING ABSORBS WATER, REDUCE FLOODING, AND RECHARGE GROUNDWATER. AND WE'RE NOT TALKING ABOUT A HANDFUL OF OPTIONS. THERE ARE OVER 2000 NATIVE PLANT SPECIES IN OUR REGION TO CHOOSE FROM. THAT MEANS ENDLESS POSSIBILITIES FOR BEAUTY, RESILIENCE AND CHARACTER AND HOW OUR CITY'S LANDSCAPES ITSELF. LET ME GIVE YOU A FEW EXAMPLES OF NATIVE PLANTS THAT THRIVE HERE IN LEANDER, TEXAS. SAGE. BLACKFOOT DAISY, ROCK ROSE. PURPLE CONEFLOWER, FLAME ACANTHUS, TEXAS LANTANA, BLUEBONNET AND INDIAN BLANKET AND LITTLE BLUESTEM. THERE IS A HOUSE I DRIVE BY ON CRYSTAL FALLS PARKWAY EVERY DAY, AND I KEEP MEANING TO TAKE A PICTURE OF IT, BUT I ADMIRE THEIR LAWN ALL THE TIME AND IT IS NOT A PERFECTLY TRIMMED, ULTRA GREEN BERMUDA GRASS PARADISE. IT'S A FIELD OF BEAUTIFUL WILDFLOWERS AND GRASSES, AND I NOTICED IT ABOVE ALL THE OTHER LANDSCAPES ALONG THAT ROAD, AND IT BRINGS ME JOY EVERY TIME I PASS IT. AND I BET THEY DON'T HAVE TO WATER THEIR LAWN AT ALL BY ONLY TALKING ABOUT ARTIFICIAL TURF. WE'RE MISSING THE BIGGER PICTURE. CITIES ACROSS TEXAS ARE PROVING THAT NATURAL NATIVE LANDSCAPING CAN CUT WATER USE, REDUCE COSTS, AND CREATE DISTINCTIVE, BEAUTIFUL PUBLIC SPACES. SO HERE'S A CONSIDERATION. I'D LIKE TO LEAVE THE COUNCIL TONIGHT. DON'T LET ARTIFICIAL TURF BE THE ONLY ALTERNATIVE ON THE TABLE. LET'S FORMALLY RECOGNIZE TURF TO NATIVE CONSERVATIONS AS A VIABLE LANDSCAPING OPTION IN THE CITY CODE. GIVE OUR RESIDENTS AND DEVELOPERS THE FREEDOM TO CHOOSE SOLUTIONS THAT SAVE WATER, PROTECT OUR STORMWATER SYSTEM, AND CELEBRATE THE NATURAL BEAUTY OF CENTRAL TEXAS. THANK YOU. THANK YOU VERY MUCH. AND YOU ARE ABSOLUTELY RIGHT. NATIVE PLANTS ARE FANTASTIC AND AND DROUGHT PROOF. AND SO WE DO ACTUALLY REQUIRE THEM IN OUR CODE TO BE PLANTED. THE ISSUE HERE IS THAT WE HAVE RESIDENTS EVERY YEAR THAT COME FORWARD THAT WANT TO DO TURF. AND SO FAR OUR ANSWER HAS ALWAYS BEEN NO. AND SO WE'RE TRYING TO FIND A WAY THAT WE DON'T HAVE TO JUST SAY NO. SO THAT'S WHERE WE'RE AT RIGHT NOW. COUNCIL MEMBER. WITHOUT SNITCHING ON ANYONE, I DON'T. QUITE A FEW FOLKS THAT HAVE ARTIFICIAL TURF IN OUR CITY. IS IT NOT REALLY POLICED ON THAT DEGREE KIND OF A THING, RIGHT? IS WHAT ARE YOU GOING TO DO, PEEK INTO PEOPLE'S BACKYARDS, RIGHT. BECAUSE THAT'S WHERE I THINK PEOPLE ARE PLANTING IT. AND THE, THE PEOPLE THAT WE GET, PEOPLE WHO HAVE COME FORWARD IN MY TIME HERE AND SAID, I KNOW OTHER PEOPLE ARE DOING IT, I WANT TO DO IT. BUT I ALSO DON'T WANT TO BREAK THE LAW. SO OUR CITY ORDINANCE RIGHT NOW SAYS THAT WE DON'T ALLOW TURF RIGHT NOW. CORRECT? OKAY. WE HAVE I [02:50:03] KNOW FOLKS THAT HAVE A REGULAR LAWN IN THE FRONT, TURF IN THE BACK. YOU WOULD NEVER KNOW. NOT GOING TO TELL YOU WHO THAT IS, BUT IT'S NOT ME, BY THE WAY. BUT OKAY, THIS IS DEFINITELY NOT YOU. NEW INFORMATION FOR ME WHILE WE'RE AT IT. ROBIN, I WAS WONDERING, WHERE DOES OUR CITY STAND ON XERISCAPING? IT'S PERMITTED BY THE ORDINANCE. THANK YOU. SO I SPOKE TO A COUNCIL MEMBER LAST WEEK FROM CEDAR PARK. AND ACCORDING TO THIS UNNAMED COUNCIL MEMBER, THEY SAID THAT CEDAR PARK ALLOWS IT IN BACKYARDS AND THAT THEY PROMOTE SOME KIND OF TURF THAT IS ABLE TO NOT FILTER WATER, BUT IT'S WATER CAN PASS THROUGH IT. AND SO IT DOESN'T AFFECT THE DRAINAGE, I GUESS. THE COMPANY THAT'S BASED IN CEDAR PARK IS ONE OF THE COMPANIES THAT MAKES THIS. I AM NOT AN EXPERT ON THAT. I'M SURE LCRA WOULD KNOW THOUGH, SO I'M INTERESTED IN SEEING THE LCRA DRAFT LANGUAGE. I THINK THERE'S SO MANY DIFFERENT KINDS OF TURF. THERE'S GOT TO BE SOMETHING THAT CAN BE PERMISSIBLE. THOUGHTS? ANYBODY ON ANYTHING? SHALL WE JUST WAIT AND SEE WHAT LCRA COMES BACK WITH IN SEPTEMBER? THAT'S WHAT WE'RE [24. Discuss and consider directing staff on establishing a process for approval of an alternative landscaping plan by the Planning and Zoning Commission.] GOING TO DO. THANK YOU. ALL RIGHT. ITEM 24 DISCUSS AND CONSIDER DIRECTING STAFF ON ESTABLISHING A PROCESS FOR APPROVAL OF AN ALTERNATIVE LANDSCAPING PLAN BY THE PLANNING AND ZONING COMMISSION. EXECUTIVE DIRECTOR OF DEVELOPMENT SERVICES. GRIFFIN, I HAVE YOU DOWN HERE TO SPEAK ON THIS, BUT THIS IS MY ITEM. WOULD YOU RATHER I SPEAK ON THIS? OKAY, GOOD. OKAY. ALL RIGHT. SO THERE IS AN ISSUE THAT HAS COME UP A FEW TIMES OVER THE LAST YEAR WHERE SOME OF OUR BUSINESS APPLICANTS FEEL LIKE THEY DON'T FEEL LIKE THEIR LANDSCAPING IS EXCESSIVE, AND THEY BELIEVE THAT THEY ARE FOLLOWING THE CODE. THERE IS A BREAKDOWN SOMEWHERE, EITHER IN OUR CODE OR HOW IT'S COMMUNICATED, AND IT'S GOING TO TAKE A MINUTE FOR US TO FIGURE OUT THE ORDINANCE. CITY MANAGER AND I TALKED ABOUT SOME OPTIONS OVER THE LAST COUPLE OF WEEKS OF MAYBE HAVING, YOU KNOW, SOME DIFFERENT CATEGORIES INSTEAD OF SAYING, LANDSCAPING MUST BE THIS, MAYBE IT'S THIS OR THIS OR THIS. ONE OF THE THINGS WE ARE GOING TO END UP TALKING ABOUT IS BERMS. WE'RE TALKING ABOUT TREES. ALL OF THAT. IN THE INTERIM, THOUGH, WE'VE GOT THESE BUSINESSES THAT WANT TO DEVELOP THAT ARE ATTEMPTING TO PLANT A WHOLE BUNCH OF THINGS THAT ARE GOING TO TAKE WATER, AND IT'S NOT WITHIN THE INTENT THAT I KNOW COUNCIL HAS HAD PREVIOUSLY. AND SO THE IDEA HERE IS TO CREATE A PATHWAY WHERE APPLICANTS CAN COME TO PLANNING AND ZONING AND GET APPROVAL ON AN ALTERNATIVE LANDSCAPE PLAN. AND IF THEY DON'T LIKE THE ANSWER AT PLANNING AND ZONING, THEY CAN COME UP TO US AND GET APPROVAL FOR AN ALTERNATIVE LANDSCAPE PLAN. AND I THINK THIS WAS OUR CITY MANAGER'S IDEA, I BELIEVE. OR MAYBE IT WAS ROBIN'S, MAYBE IT WAS ALTOGETHER. BUT BUT I THINK THAT IT'S IT'S BRILLIANT. MY ONE CONCERN WITH IT IS THE EMAIL I FORWARDED THE OTHER DAY WHERE WE HAVE SOMEBODY WHO WANTS TO DO XERISCAPING FULL XERISCAPING RIGHT NOW, IT DOESN'T MEET THE LANDSCAPING ORDINANCE BECAUSE IT DOESN'T HAVE A COUPLE OF THE PLANTS AND THINGS. AND HE WAS ASKING, CAN I GET A THUMBS UP BEFORE I ENGAGE SOMEBODY TO PUT THESE PLANS TOGETHER? BECAUSE THAT'S GOING TO BE AN INVESTMENT OF A LOT OF MONEY AND TIME AND AND OBVIOUSLY NO BUSINESS OWNER WANTS TO DO THAT JUST TO GET REJECTED. AND SO I THINK THAT'S THE LAST PIECE IS FIGURING OUT THAT MECHANISM TO GET THE APPROVAL TO GO AHEAD. SO ON THAT ONE, WE DID REVIEW HIS PLAN AND WE HAVE A SOLUTION FOR HIM. SO I'M REACHING OUT. THANK YOU I APPRECIATE THAT. I MEAN WE CAN STILL DO THIS PART BUT THAT ONE. SO HOW WOULD WE HANDLE THAT. WELL, ALL OF HIS PLANT TYPES MEET THE REQUIREMENTS FOR XERISCAPING. HE JUST CAN TAKE OUT THE GRASS. AND THEN HE HAD I DON'T REMEMBER THE NUMBERS, BUT IN THE SIDE SETBACKS, HE HAD SHRUBS THAT WEREN'T REQUIRED AS WELL AS IN THE REAR. SO HE HAS A LOT HE CAN CUT OUT, BUT I'M GOING TO MEET WITH HIM AND GO THROUGH IT. OKAY. SO WOULD THAT BE SUFFICIENT THAT HE WOULDN'T HAVE TO GO TO PNC UNDER THIS PLAN? OKAY. YEAH. SO SO WHAT'S HAPPENING IS HIS PLAN WAS BEFORE THE 2023 ORDINANCE, WHERE WE MADE ALL THE UPDATES AND REDUCED A LOT OF THE SHRUBS. ON OTHERS. THEY HAVE A LANDSCAPER THAT'S BEEN DOING WORK IN THE CITY SO LONG, I DON'T THINK THEY'RE LOOKING AT THE NEW ORDINANCE AND STAFF'S NOT STOPPING THEM IF IT'S ABOVE. SO SOMETHING THAT I WORKED WITH EDWIN ON IS WE'RE GOING TO START WE'RE MAKING THE SPREADSHEET WHERE IT CALCULATES IT FOR YOU. AND AS PART OF THE REVIEW, WE'RE GIVING THEM THE MINIMUM TO SHOW THEM THIS IS WHAT YOU CAN DO. AND THEN THEY CAN MAKE THE CHOICE IF THEY WANT TO KEEP IT OR NOT. THAT'S GREAT. AND THE OWNERS WILL GET THAT TOO, NOT JUST THE GC. CORRECT. IT'S GOING TO BE COPIED TO THE OWNERS AS WELL, [02:55:03] BECAUSE I THINK THAT'S PART OF THE PROBLEM IS THAT THE GCS ARE GOING OFF THIS CALCULATION, AND THE OWNERS ARE SAYING, I CAN'T BELIEVE THE CITY REQUIRES ALL THIS, AND THEY HAVE NO IDEA. AND IT'S MORE THE DESIGNERS. SO WHAT WILL HAPPEN IS THEY MAY NOT WANT TO UPDATE THE PLAN TO REDUCE IT BECAUSE THAT'S EXTRA WORK. YEAH. YEAH, THAT COULD BE ALL RIGHT. COUNCIL. THANK YOU KNOW IT'S YEAH IT'S NO ACTION JUST DIRECTING. ARE WE GOOD WITH IT. YEP. ALL RIGHT. WE LIKE IT. THANK YOU VERY MUCH. SO SO MAYOR ON THAT JUST TO BE CLEAR. SO WE'LL LOOK AT SOME ORDINANCE LANGUAGE TO GET TO THE PLANNING AND ZONING COMMISSION BECAUSE THIS IS INCLUDED IN THE CITY'S ZONING COMPREHENSIVE ZONING CODE. SO WE'LL GO THROUGH THE PLANNING ZONING PROCESS AND THE CITY COUNCIL WITH THAT ORDINANCE ADJUSTMENT. SOUNDS GOOD. OKAY. [25. Council Member Closing Statements.] YEAH. THANK YOU. OKAY. AND THEN ITEM 25, COUNCIL MEMBER CLOSING COMMENTS, PLEASE. ONE GOOD NIGHT. HAVE A NICE LABOR DAY. GOOD NIGHT. I'LL GO. I'M JUST HAPPY BIRTHDAY TO MY LITTLE. SHE TURNED 23 TODAY SO I HOPE SHE GETS TO CELEBRATE BIG. YOU'RE LITTLE. SHE'S SHE'S A BIG LITTLE BIG LITTLE. YEAH. GOOD NIGHT. ALRIGHT. SO TONIGHT THE STAR OF THE SHOW WAS MISS GRIFFIN WHO WAS UP HERE. BUT YOU ARE ALWAYS THE STAR OF OUR SHOW BECAUSE YOU HAVE NOW WON AN AWARD FOR THE OLD TOWN MASTER PLAN. SO CONGRATULATIONS TO YOU AND YOUR TEAM. ALWAYS DOING AWESOME STUFF. WE'RE VERY PROUD OF YOU. AND TONIGHT, IN KEEPING WITH OUR TRADITION OF SHOPPING LOCAL, OF WHICH THERE ARE MORE AND MORE PLACES EVERY WEEK IN LEANDER THAT YOU CAN SHOP LOCAL, WE PICKED UP DINNER FROM DOMINO'S. IT WAS FANTASTIC. REMEMBER WHEN YOU WERE OUT AND ABOUT DOING YOUR SHOPPING, GOING OUT TO DINNER? DON'T GO TO UNNAMED CITIES THAT ARE BORING AND HAVE BEEN THERE FOR A WHILE. STAY IN LEANDER BECAUSE WHEN YOU STAY IN LEANDER, YOUR TAX DOLLARS STAY HERE AND IT HELPS KEEP PEOPLE EMPLOYED. IT KEEPS BUSINESSES IN BUSINESS, ESPECIALLY THOSE SMALL BUSINESSES THAT WE ALL CARE ABOUT. AND AND IT PAYS FOR ALL THE WONDERFUL THINGS THAT WE TALK ABOUT HERE ALL THE TIME, LIKE SENIOR CENTERS. SO ALSO, [26. If needed, convene back into Executive Session pursuant to: Section 551.071, Texas Government Code, and Section 1.05 Texas Disciplinary Rules of Professional Conduct to consult with legal counsel regarding acquisition of property for public purpose; Section 551.071, Texas Government Code, and Section 1.05 Texas Disciplinary Rules of Professional Conduct to consult with legal counsel regarding Docket No. 57824, Petition of Hero Way Development, LLC to Amend Certificates of Convenience and Necessity in Travis and Williamson Counties by Streamlined Expedited Release with the Public Utilities Commission; and Section 551.087, Texas Government Code, deliberate the purchase, exchange, lease, or value of real property and deliberate proposed economic development incentives for one or more business prospects that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body is conducting economic development negotiations along with consideration and possible action on a Chapter 380 Agreement for Project EDA-25-007; andSection 551.071 and 551.074, Texas Government Code, and Section 1.05 Texas Disciplinary Rules of Professional Conduct to consult with legal counsel regarding the Second Amendment to the City Manager Employment Agreement.  Reconvene into open session to take action as deemed appropriate in the City Council's discretion regarding:Property for public purpose; andDocket No. 57824, Petition of Hero Way Development, LLC to Amend Certificates of Convenience and Necessity in Travis and Williamson Counties by Streamlined Expedited Release with the Public Utilities Commission; andChapter 380 Agreement for Project EDA-25-007; and Second Amendment to the City Manager Employment Agreement. ] IF YOU CAN'T GET IN LEANDER, YOU PROBABLY DON'T NEED IT THAT MUCH. AND THAT'S ALL I HAVE FOR TONIGHT. ITEM 26. WE ARE GOING TO CONVENE BACK INTO EXECUTIVE SESSION PURSUANT TO NUMBER ONE, SECTION 551.071 TEXAS GOVERNMENT CODE AND SECTION 1.05 TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT, TO CONSULT WITH LEGAL COUNSEL REGARDING ACQUISITION OF PROPERTY FOR PUBLIC PURPOSE. AND NUMBER TWO, SECTION 551.071 TEXAS GOVERNMENT CODE IN SECTION 1.05 TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT TO CONSULT WITH LEGAL COUNSEL REGARDING DOCKET NUMBER 57824. PETITION OF HERO DEVELOPMENT, LLC TO AMEND CERTIFICATES OF CONVENIENCE AND NECESSITY IN TRAVIS AND WILLIAMSON COUNTIES BY STREAMLINED, EXPEDITED RELEASE WITH THE PUBLIC UTILITIES COMMISSION AND NUMBER THREE, SECTION 551.087 TEXAS GOVERNMENT CODE TO DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY AND DELIBERATE PROPOSED ECONOMIC DEVELOPMENT INCENTIVES FOR ONE OR MORE BUSINESS PROSPECTS THAT THE GOVERNMENTAL BODY SEEKS TO HAVE, LOCATE, STAY, OR EXPAND IN OR NEAR THE TERRITORY OF THE GOVERNMENTAL BODY AND IS CONDUCTING ECONOMIC DEVELOPMENT NEGOTIATIONS, ALONG WITH CONSIDERATIONS AND POSSIBLE ACTION. ON A CHAPTER 380 AGREEMENT FOR PROJECT EDA, DASH 25007 AND NUMBER FOUR, SECTION FIVE FIVE, 1.071 AND 551.074 TEXAS GOVERNMENT CODE AND SECTION 1.05 TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT, TO CONSULT WITH LEGAL COUNSEL REGARDING THE SECOND AMENDMENT TO THE CITY DO YOU NEED A MINUT, MA'AM. ARE YOU SURE? ALL RIGHT. THAT'S FINE. ALL RIGHT. WE ARE GOING TO RECONVENE INTO OPEN SESSION AT 10:55 P.M. TO TAKE ACTION AS DEEMED APPROPRIATE IN THE CITY COUNCIL'S DISCRETION REGARDING NUMBER ONE, PROPERTY FOR PUBLIC PURCHASE. DO YOU HAVE A MOTION? SORRY IT'S LATE. I WAS LIKE, NO ACTION. NUMBER TWO, DOCKET NUMBER 57824. PETITION OF HEREAWAY DEVELOPMENT, LLC TO AMEND CERTIFICATES OF CONVENIENCE AND NECESSITY IN TRAVIS AND WILLIAMSON COUNTIES BY STREAMLINED, EXPEDITED RELEASE WITH THE PUBLIC UTILITIES COMMISSION. MAYOR PRO TEM, DO YOU HAVE A MOTION? NO. ACTION NUMBER THREE, CHAPTER 380 AGREEMENT FOR PROJECT EDA. DASH 25007. MAYOR PRO TEM, DO YOU HAVE A MOTION? NO ACTION AND NUMBER FOR SECOND AMENDMENT TO THE CITY MANAGER EMPLOYMENT AGREEMENT? MAYOR PRO TEM, DO YOU HAVE A MOTION? MOTION TO APPROVE THE SECOND AMENDMENT TO THE CITY MANAGER EMPLOYMENT AGREEMENT IN FINAL FORM, APPROVED BY THE CITY ATTORNEY? SECOND, ALL THOSE IN FAVOR PASSES UNANIMOUSLY. THANK YOU SO * This transcript was compiled from uncorrected Closed Captioning.