Closed Caption Log, Council Meeting
Thursday, June 27, 2002 (Part B)

Part A | Part B | Part C

Note: Since these log files are derived from the Closed Captions created during the Channel 6 live cablecasts, there are occasional spelling and grammatical errors. These Closed Caption logs are not official records of Council Meetings and cannot be relied on for official purposes. For official records or transcripts, please contact the City Clerk at (512) 974-2210.

THANK YOU, LISA. FIRST I WOULD LIKE TO DESCRIBE THE STRATUS PROPERTIES THAT ARE THE SUBJECT OF THIS AGREEMENT. THERE ARE 15 TRACTS TOTALING OVER 1250 ACRES. THEY ARE GENERALLY LOCATED ALONG SLAUGHTER LANE BETWEEN FM 1826 AND BRODIE LANE AND FROM MOPAC JUST NORTH OF SLAUGHTER LANE TO STATE HIGHWAY 45. EACH TRACT HAS AN INITIAL AND MAXIMUM ALLOCATION OF IMPERVIOUS COVER. RELATED TO THIS YOU MAY HAVE HEARD THE TERM BUCKET USED IN DESCRIBING THE IMPERVIOUS COVER DISTRIBUTION PROCESS. THIS IS SIMPLY ANOTHER WAY OF SAYING CLUSTERING. IN THE AGREEMENT THERE IS A FIXED AMOUNT OF IMPERVIOUS COVER ALLOWED FOR ALL THE PROPERTIES, AND IT MAY BE CLUSTERED ON CERTAIN TRACTS WITHIN SPECIFIED LIMITS. IN THIS WAY SOME TRACTS WILL HAVE NO DEVELOPMENT, THAT IS NO IMPERVIOUS COVER, AND OTHERS WILL HAVE HIGHER IMPERVIOUS COVER. UNDER INSTRUCT S.O.S. COMPLIANCE, IMPERVIOUS COVER WOULD HAVE BEEN 15% UNIFORMLY OVER THE RECHARGE PORTION OF THE PROPERTY AND 25% OVER THE CONTRIBUTING PORTION. THIS ASPECT OF THE AGREEMENT WILL BECOME MORE APPEAR RANT AS -- PENTAGON AS I DESCRIBE EACH TRACT IN DETAIL. I WILL POINT THEM OUT AS I TALK ABOUT THEM. TRACTS 101 AND 102 ARE AT THE WEST END OF SLAUGHTER LANE AT FM 1826 AND WILL BE AT S.O.S. IMPERVIOUS COVER OR LESS. TRACT 103 IS AT SLAUGHTER LANE NORTH OF THE ESCARPMENT AND IS FROAPD HAVE A MAXIMUM IMPERVIOUS COVER OF 32% BASED ON CODE REQUIREMENTS, WHICH CONSIDER BOUNDARY STREETS. NEW IMPERVIOUS COVER ON THE TRACT WILL ACTUALLY BE ONLY ABOUT 30% OF THE NET OF THE SITE AREA. TRACTS 104 AND 105 ARE JUST SOUTH OF TRACT 103 ON EITHER SIDE OF ESCARPMENT AND WILL HAVE NO IMPERVIOUS COVER. TRACTS 107 AND 106 ARE WEST OF MOPAC ON THE NORTH AND SOUTH SIDES OF SLAUGHTER LANE. BASED ON CODE REQUIREMENTS, TRACT 106 IS PROPOSED TO HAVE 30% IMPERVIOUS COVER, WHILE TRACT 107 IS PROPOSED TO HAVE 45%. BASED ON THE ACTUAL NEW IMPERVIOUS COVER TO BE BUILT ON THE TRACT, THAT IS ACTUALLY 26% ON TRACT 106 AND 43% ON TRACT 107. TRACT 108 IS AT THE NORTHWEST CORNER OF BRODIE AND SLAUGHTER LANE. IT WILL BE S.O.S. COMPLIANT AT 15% IMPERVIOUS COVER. TRACT 109 IS WITHIN THE EXISTING CIRCLE C DEVELOPMENT. IT WILL HAVE NO IMPERVIOUS COVER. TRACT 1 10 FRONTS STATE HIGHWAY 183 AND MOPAC FROM ESCARPMENT TO THE WEST. AS COUNCILMEMBER SLUSHER ANNOUNCED YESTERDAY, IMPERVIOUS COVER ON TRACT 110 IS PROPOSED TO BE S.O.S. COMPLIANT AT THIS POINT AT 15%. AND JUST TO POINT OUT FOR ANYONE WHO PICKS UP MATERIALS, THIS IS A CHANGE FROM WHAT WAS IN THE HANDOUT THAT THEY HAD RECEIVED AND THEY WILL BE PICKING THAT UP LATER. THE ADDITIONAL IMPERVIOUS COVER OR THE IMPERVIOUS COVER BEING REMOVED FROM TRACT 110 IS PROPOSED TO GO TO TRACT 102, WHICH IS REMAIN S.O.S. COMPLIANT. TRACTS 111, 112 AND 113 ARE EAST OF MOPAC AND ABUT THE WILDFLOWER CENTER. THESE TRACTS WILL HAVE NO IMPERVIOUS COVER. TRACT 114 IS LOCATED ON THE NORTHEAST CORNER OF FM 1826 AND STATE HIGHWAY 45. IT WILL BE S.O.S. COMPLIANT. TRACT 115 KNOWN ALSO AS THE BEAR LAKE P.U.D. IS LOCATED SOUTH OF STATE HIGHWAY 45 AND EAST OF FM 1826. IT WILL BE S.O.S. COMPLIANT IN BOTH THE RECHARGE AND CONTRIBUTING ZONE PORTIONS. THE BENEFITS OF THE PROPOSED AGREEMENT ARE MANY. FIRST, LOOKING AT WATER QUALITY. STRATUS WILL COMPLY WITH AN OVERALL S.O.S. IMPERVIOUS COVER LIMIT OF LESS THAN 17%. S.O.S. STORM WATER TREATMENT REQUIREMENTS WILL BE MET ON A TRACT BY TRACT BASIS. CRITICAL ENVIRONMENTAL FEATURES ARE BETTER THAN THOSE REQUIRED BY THE CITY CODE HAVE BEEN NEGOTIATED ON SEVERAL PARCELS AND LOWER DEVELOPMENT DENSITY WITH RESULTING DECREASE IN TRAFFIC SHOULD LESSEN OFF SITE ENVIRONMENTAL IMPACTS COMPARED TO THE DEVELOPMENT WHICH OTHERWISE MIGHT HAVE OCCURRED. DEDICATION OF SIX PARCELS OF LAND BY STRATUS WILL PROVIDE 148 ACRES OF OPEN SPACE. THREE PARCELS, 111, 1 12 AND 113 WERE ABUTTING THE WILDFLOWER CENTER. TWO PARCELS WILL BE DEEDED TO THE CITY OF AUSTIN AND WILL BE COMBINED WITH THE EXISTING CIRCLE C METROPOLITAN PARK. ONE PARCEL, 109, IS DEEDED TO THE CIRCLE C HOMEOWNERS ASSOCIATION AS A GREENBELT AND DRAINAGE EASEMENT. A SIGNIFICANT BENEFIT OF THE PROPOSED SETTLEMENT IS THE REDUCTION OF DEVELOPMENT INTENSITY BELOW LEVELS THAT COULD HAVE BEEN ACHIEVED UNDER S.O.S. WITH ZONING BASED ON THE M.U.D. LAND USE PLAN. BY PROVIDING INCENTIVES TO STRATUS, LAND USES ARE CAPPED AT 750,000 SQUARE FEET OF OFFICE, 250,000 SQUARE FEET OF RETAIL AND 1,730 RESIDENTIAL UNITS. RESIDENTIAL USE IS FURTHER LIMITED TO NO MORE THAN 900 APARTMENTS WITH NO APARTMENTS ON THE BEAR LAKE P.U.D. ALSO, ONLY 95 SINGLE-FAMILY UNITS ARE ALLOWED ON THE CRESCENT AREA OF THE BEAR LAKE P.U.D. THE SLIDE BEFORE YOU NOW AND THE TWO THAT FOLLOW CLAIM REDUCTIONS OF DENSITY IN EACH LAND USE CATEGORY. THE CHART ON THE LEFT INDICATE THE SQUARE FOOTAGE OF OFFICE SPACE IS ACHIEVABLE UNDER THE S.O.S. ORDINANCE OR FISH AND WILDLIFE AGREEMENT WITH THE PROPOSED ZONING VERSUS THAT UNDER THE AGREEMENT. [ INAUDIBLE ] THE CHARTS WERE SHOWING THE DIFFERENCES BETWEEN WHAT WE ESTIMATE COULD BE ACHIEVED UNDER THE S.O.S. OR WILDLIFE AGREEMENT WITH THE PROPOSED ZONING. , WHICH WAS APPROXIMATELY 1.8 MILLION SQUARE FEET OF OFFICE SPACE, COMPARED TO 750,000 THAT THE AGREEMENT ALLOWED. WE ALSO HAVE A CHART WHICH SHOWED THE OFFICE SPACE THAT WAS ALLOWED UNDER THE M.U.D. LAND USE PLAN, WHICH WAS OVER8 MILLION SQUARE FEET OF SPACE ON THE COMBINED PROPERTIES, THE CIRCLE C M.U.D. AND BEAR LAKE P.U.D.

IT LOOKS LIKE ETCETERA COME BACK UP.

RESIDENTIAL. AND APPARENTLY WE'RE MISSING TWO SLIDES. SO I WILL DESCRIBE THE RETAIL AT THIS POINT. FUTURE......FUTURE THIEWT THAT MAY BE HELPFUL.

Futrell: THAT MIGHT BE HELPFUL HERE. WE HAVE THE MANUAL VERSE HERE.

AGAIN, THAT'S ALL THE RETAIL, SO AGAIN THE CHART IS SHOWING THE COMPARISON BETWEEN -- WHY DON'T WE LEAVE THAT ONE UP, TRACY, AND I'LL JUST GIVE THEM THE NUMBERS ON THE PLAN. THAT'S FINE. ON THE CHART YOU SEE THERE, ON THE LEFT IS THE OFFICE. WHICH SHOWS THAT WE ESTIMATED THAT THEY COULD HAVE 1.8 MILLION SQUARE FEET OF OFFICE SPACE POTENTIALLY UNDER THE S.O.S. ORDINANCE WITH THE PROPOSED ZONING AND THAT IS NOW AT 750,000 SQUARE FEET. ON THE CHART ON THE RIGHT YOU SEE THE RETAIL DENSITY. SIMILAR TO THE OFFICE RETAIL SPACE, IT'S BEEN REDUCED UNDER THE AGREEMENT, APPROXIMATELY 310,000 SQUARE FEET COULD HAVE BEEN BUILT UNDER S.O.S. REQUIREMENTS. THE AGREEMENT ALLOWS 250,000. AND JUST A COMPARISON TO THAT, THE M.U.D. LAND USE PLAN ALLOWED FOR UP TO 1.7 MILLION SQUARE FEET OF RETAIL SPACE. AND I'LL GO BACK TO THE POWER POINT AT THIS POINT WITH RESIDENTIAL. IN THE CHART ON THE LEFT YOU SEE THAT 2,300 UNITS WERE ESTIMATED TO BE POSSIBLE WITHOUT THE AGREEMENT WHILE A MAXIMUM OF 1,730 ARE NOW ALLOWED. SO THERE WILL BE NINE HUNDRED OF THESE MULTI-FAMILY. UNDER THE LAND USE PLAN SHOWN ON THE RIGHT, OVER 2800 UNITS WERE ALLOW AND ALL OF THESE WERE MULTI-FAMILY AND WOULD HAVE BEEN ALLOWED ON FIVE TRACTS. AT THIS POINT I WILL TURN THE PRESENTATION OVER TO PAT MURPHY WHO WILL EXPLAIN THE INCENTIVE PACKAGE AND OTHER ELEMENTS OF THE PROPOSED SHRVMENT.

IF EVENING MAYOR AN COUNCIL. AS LES DESCRIBED, IT SIGNIFICANTLY DECREASES THE AMOUNT OF GOAMENT THAT COULD BE ACHIEVED UNDER CURRENT REGULATIONS CONSISTENT WITH ZONING UNDER THE M.U.D. USE PLAN. THIS REDUCTION IN DEVELOPMENT INTENSITY PROVIDES A CORRESPONDING REDUCTION IN THE NUMBER AND LENGTH OF VEHICLE TRIPS. IT FOLLOWS THAT A REDUCTION IN TRAFFIC WILL POSITIVELY BENEFIT AIR QUALITY. THIS REDUCTION IN TRAFFIC WILL ALSO PROVIDE FOR IMPROVED ON AND OFF SITE WATER QUALITY, ESPECIALLY WHEN CONSIDERED WITH THE OTHER GREEN BENEFITS OF THE AGREEMENT. IN ADDITION TO A REDUCTION IN OVERALL BUILDING SQUARE FOOTAGE, THE AGREEMENT ALSO PROVIDES FOR A REDUCTION IN THE NUMBER OF DWELLING UNITS OVER WHAT COULD OTHERWISE BE ACHIEVED. IN ORDER TO ACHIEVE THIS REDUCTION IN THE AMOUNT OF DEVELOPMENT INTENSITY THAT COULD OTHERWISE OCCUR, THE CITY WILL PROVIDE AN INCENTIVE PACKAGE VALUED AT $15 MILLION. THESE INCENTIVES WILL BE PROVIDED AS REIMBURSEMENTS, FUTURE REVENUE AND WAIVED FEES, INCLUDING $4.5 MILLION IN DEVELOPMENT AND OTHER FEE WAIVERS. $1.5 MILLION FOR A COMMERCIAL CHILLER OR TO BE USED FOR OTHER FEE WAIVERS. $4.5 MILLION IN WATER AND WASTEWATER FEE WAIVERS. $3.6 MILLION IN ON AND OFF SITE WATER EXTENSION. AND $.37 MILLION FOR SOUTH BAY LANE RIGHT-OF-WAY THROUGH TRACT 110 TO CONNECT SOUTH MOPAC TO DOG RUN. THESE INCENTIVES ARE LIMITED TO A MAXIMUM OF $1.5 MILLION PER YEAR. WHAT ARE THE COMMUNITY ENHANCEMENTS? NATIVE LANDSCAPING IS PROVIDED FOR BOTH RESIDENTIAL AND COMMERCIAL DEVELOPMENT AND WILL BE ENFORCED THROUGH RESTRICTIVE COVENANTS. PUBLIC TRAIL EASEMENTS ARE PROVIDED IN TRACTS 102 AND 112 FOR PEDESTRIAN ACCESS TO PARKS AND PRESERVES. GREEN BUILDING STANDARDS ARE BEING PROVIDED FOR ALL DEVELOPMENT. AN ELEMENTARY SCHOOL SITE WILL BE DEDICATED WITHIN THE BEAR LAKE P.U.D. AND AN OPTION WILL BE PROVIDED FOR A MIDDLE SCHOOL SITE ON TRACT 101 AT THE INTERSECTION OF SLAUGHTER AND 1826. THE CITY'S FINANCIAL OFFICE HAS DETERMINED THAT THE AGREEMENTS WILL HAVE A POSITIVE REVENUE STREAM AFTER 12 TO 13 YEARS, TAKING INTO CONSIDERATION PROPOSED INCENTIVES. NO TAX REVENUES WERE INCLUDED IN THIS ANALYSIS. VICKY SLEW BETTER IS AVAILABLE TO DISCUSS FURTHER DETAILS OF THIS ANALYSIS IF YOU HAVE QUESTIONS. OTHER COMMUNITY ENHANCEMENTS ARE ALSO PROPOSE TO IMPROVE CAPABILITY WITH ADJACENT NEIGHBORHOODS OVER WHAT WOULD OTHERWISE ARE ACHIEVED. THESE ENHANCEMENTS INCLUDE ADDITIONAL HEIGHT RESTRICTIONS, INCREASED DEVELOPMENT SETBACKS, ADDITIONAL SCREENING AND BUFFERING AND EXCLUSION OF CERTAIN UNDESIRABLE LAND USES. YOU WILL BE RECEIVING A MORE DETAILED DESCRIPTION OF THESE ENHANCEMENTS DURING PRESENTATION OF THE ZONING FOR THESE PROPERTIES. THANK YOU AND I WILL NOW TURN THE PRESENTATION OVER TO TERRY MCMANUS, WHO WILL DISCUSS THE TRANSPORTATION RELATED ASPECTS OF THE AGREEMENT.

THANK YOU AND GOOD EVENING, MAYOR AND COUNCIL. TRANSPORTATION HAS EMERGED AS A VERY SIGNIFICANT ISSUE ASSOCIATED WITH THE PROPOSAL. WHAT ARE THE TRAFFIC IMPACTS AND HOW WILL THEY BE MITIGATED? THE STAFF ANALYSIS IS FOCUSED ON THE FORECAST TRAVEL DEMANDS AND ALSO CURRENT EXISTING LEVELS OF OPERATION UPON ROADWAYS AND AT INTERSECTIONS. THE RECOMMENDED IMPROVEMENTS CAN HANDLE THE INCREASED TRAFFIC WITHOUT MAJOR TRANSPORTATION SYSTEM CHANGES. WHAT THIS MEANS IS THAT THE EXISTING AS PLANNED TRANSPORTATION SYSTEM WILL HAVE CAPACITY TO MATCH TRAFFIC FROM STRATUS AND ALSO OTHER DEVELOPMENT ANTICIPATED IN THE SOUTHWEST AREA. THE CUMULATIVE REGIONAL ANALYSIS APPROACH RECOGNIZES THE INTERACTION OF LAND USE AND IS CONSISTENT WITH GROWTH FORECASTS. WE ARE ACCOUNTING FOR SECONDARY GROWTH IMPACTS AND WE'RE BASING OUR ANALYSIS ON REGIONAL POPULATION FORECASTS THAT HAVE BEEN PRODUCED BY THE TEXAS STATE DATA CENTER, THE RECOGNIZED EMPATHY FOR POPULATION FORECASTING AND THE STATE OF TEXAS BY THE U.S. CENSUS BUREAU. STRATUS' COMMITMENT TO FUND SPECIFIC TRAFFIC IMPROVEMENTS PROVIDES MORE CERTAINTY THAN WE WOULD OTHERWISE HAVE WITH INDIVIDUAL TRAFFIC IMPACT ANALYSIS. IF UP FRONT, NOT PIECEMEAL AND IT'S CERTAINLY NOT ISOLATION ON A CASE BY CASE BASIS. OUR TRANSPORTATION ANALYSIS IS CONSISTENT WITH REGIONAL PLANNING, MOLDS AND METHODS. IT HAS ALLOWED US TO COORDINATE OUR SYSTEM PLANNING IN THIS AREA WITH TRAVIS COUNTY, WITH CAMPO AND ALL THE MEMBER JURISDICTIONS OF CAMPO. WHAT ARE THE TRANSPORTATION IMPROVEMENTS THAT HAVE BEEN PROPOSED BY STRATUS IN THIS AGREEMENT? THE AGREEMENT IN EXHIBIT N CONTAINS THE TOTAL TRANSPORTATION PACKAGE OF APPROXIMATELY $1.58 MILLION. THIS LIST OF IMPROVEMENTS IS INCLUDED IN THE AGREEMENT, ALSO IN YOUR AGENDA BACKUP. I'LL RUN THROUGH IT BRIEFLY. THERE ARE THREE INTERSECTIONS PROPOSED FOR FULL TRAFFIC SIGNALIZATION, MODIFICATION OF TWO INTERSECTIONS, FOR A TOTAL COST OF $421,000, TO BE FUNDED BY STRATUS. TURN LANES AND RESTRIPING AT THE INTERSECTION OF SLAUGHTER AND SOUTH LOOP 1 FOR A TOTAL COST TO BE FUNDED BY STRATUS OF $132,000. RIGHT-OF-WAY DEDICATION AND ONE-HALF THE CONSTRUCTION COSTS OF ESCARPMENT BOULEVARD ESTIMATED AT ONE MILLION DOLLARS. SCHOOL SAFETY SPEED MONITORS AT KIKER ELEMENTARY ON LACROSSE FOR A COST OF $27,000. AND ALSO THE CONSTRUCTION OF SOUTH BAY LANE THROUGH TRACT 110 TO CONNECT WITH SOUTH LOOP 1. FINALLY, IF THE COST FOR THE IMPROVEMENT IN THE FUTURE IS GREATER, STRATUS UNDER CERTAIN CONDITIONS WILL PAY THIS INCREASED COST. ONE OF THE MOST IMPORTANT QUESTIONS IS WHETHER OR NOT THE PLAN MATCHES ROADWAYS. PRINCIPAL ROADWAYS PLANNED FOR THE YEAR 2015, THE TIMED HORIZON OF THIS ANALYSIS PROVIDES SUFFICIENT CAPACITY FOR THE PROPOSED DENSITIES IN THIS AGREEMENT. WHAT THIS MEANS IS THAT THE PROJECTED LEVELS OF SERVICE ASSOCIATED WITH TRAFFIC GENERATED BY THE PROPOSAL WILL BE ACCEPTABLE. PRINCIPAL ROADWAYS PLANNED FOR 2015, HOWEVER, ARE NOT GOING TO BE ADEQUATE FOR HIGHER DEVELOPMENT DENSITIES ACHIEVABLE UNDER S.O.S. WHEN IT IS NOT LIMITED BY THE PROPOSED AGREEMENT. SPECIFICALLY, STAFF PROJECTS IMPACT AND PROBLEMS ON SOUTH LOOP 1 AND FM 1826. THE AGREEMENT COULD POTENTIALLY RESULT IN 38% FEWER DAILY VEHICLE TRIPS THAN DEVELOPMENT DENSITY'S ACHIEVABLE UNDER S.O.S., AGAIN WHEN IT IS NOT LIMITED BY THE PROPOSED AGREEMENT. CURRENTLY PLANNED ROADWAYS CAN ACCOMMODATE GROWTH ADDITIONAL TO THE STRATUS PROPOSAL, NOT STRATUS ONLY, BUT INCLUDED IN THE ANALYSIS FOR ANTICIPATED LEVELS OF GROWTH FORECAST FOR THE REGION AS I'VE MENTIONED BY THE YEAR 2015. SEVERAL ISSUE ROADWAYS EMERGED. ONE OF THEM IS SOUTH LOOP 1. WHAT ARE THE IMPACTS ON SOUTH LOOP 1? I'LL START BY EXPLAINING HOW IT EXISTS TODAY. FROM WILLIAM CANNON TO SLAUGHTER, SOUTH LOOP 1 EXISTS AS A FOUR-LANE PARKWAY FROM SLAUGHTER LANE TO SH 45. IT EXISTS AS A FOUR-LANE ARTERIAL. THERE ARE NO INTERCHANGES, THERE ARE NO FRONTAGE ROADS. IT EXISTS AS A ROADWAY WITH REGULAR SIGNALIZED INTERSECTIONS. THE STRATUS PROPOSAL IS EXPECTED TO CONTRIBUTE ABOUT 2,800 VEHICLE TRIPS A DAY TO THROUGH TRAFFIC ON SOUTH LOOP 1. THIS ESTIMATE IS THE SECTION OF SOUTH LOOP 1 JUST NORTH OF SH 45 AND IT WOULD REPRESENT ABOUT SIX TO SEVEN PERCENT OF THE TOTAL 30,000 VEHICLE TRIPS THAT ARE PROJECTED FOR THE YEAR 2015. TODAY THERE ARE ABOUT 11,000 VEHICLE TRIPS JUST NORTH OF SH 45 ON SOUTH LOOP 1, WITH THE TOTAL CAPACITY OF ABOUT 34 TO 37,000 VEHICLE TRIPS PER DAY, THAT..... THIS WOULD BE UNDER THE CAPACITY OF THE EXISTING ROADWAY, THEREFORE THE PROPOSAL DOES NOT TRIGGER A NEED FOR EXPANSION OF SOUTH LOOP 1. THERE IS NO DIRECT ACCESS PROPOSED. IN FACT, IT IS EXPRESSLY PROHIBITED TO SOUTH LOOP 1. ANOTHER ROADWAY OF REGIONAL IMPORTANCE IS SH 45. WHAT ARE THE IMPACTS ON SH 45? BRIEFLY, THE PROPOSAL WOULD CONTRIBUTE ABOUT ONE TO TWO THOUSAND VEHICLE TRIPS PER DAY BY THE YEAR 2015 ON SH 45 BETWEEN SOUTH LOOP 1 AND FM 1626. THE TOTAL 25,000 VEHICLE TRIPS PER DAY ON THIS SECTION OF ROADWAY IS ABOUT ONE-THIRD OF THE CAPACITY OF THE PROPOSED ROAD. AND THIS WOULD BE ASSUMING ITS CONSTRUCTION AS A FOUR-LANE PARKWAY. AGAIN, THE PROPOSAL DOES NOT TRIGGER A NEED FOR ROADWAY EXPANSION OR CONSTRUCTION OF THIS SECTION OF SH 45. I'D LIKE TO ALSO POINT OUT THAT THIS PIECE FARTHER TO THE EAST FROM FM 1626 TO I-35 IS NOT IN THE CITY OF AUSTIN ROADWAY PLAN, BUT IS INCLUDED IN THE CAMPO PLAN. HAVING ADDRESSED SOME OF THE MAJOR TRANSPORTATION ISSUES, I'LL REFER THE PRESENTATION BACK TO ACE TENT CITY MANAGER LISA GORDON.

MAYOR AND COUNCIL, AS THE STAFF HAS REVIEWED WITH YOU, THE NEGOTIATIONS WITH STRATUS HAVE BEEN INTENSE AND PROVIDE FOR LOTS OF AMENITIES. WE ALSO RECEIVED A SIGNIFICANT AMOUNT OF INPUT THAT WAS VALUABLE INPUT THAT WE INCORPORATED INTO THE CURRENT AGREEMENT BASED ON OUR MEETINGS WITH VARIOUS COMMUNITY LEADERS, WITH NEIGHBORHOOD ASSOCIATIONS AND STAKEHOLDERS. IN FACT, WE HAD OVER 25 COMMUNITY MEETINGS IN THE EVENING TO ENSURE THAT WE HAD INPUT FROM RESIDENTS IN ALL OF THESE AREAS AND INTERESTED PARTIES. WE ALSO HAD WEEKLY STAKEHOLDER MEETINGS BETWEEN THE CITY, STRATUS AND ENVIRONMENTAL LEADERS. THE ZONING AND PLATTING COMMISSION HAD A PUBLIC PROCESS THAT INCLUDED SIX MEETINGS, TWO PUBLIC HEARINGS AND FOUR STAKEHOLDER MEETINGS WITH A COMPOSITION OF COMMISSIONERS FROM THE ZAP BOARD. AND THIS WAS DESIGNATED BY THE CHAIR. AT THOSE MEETINGS THEY HAD A TASKFORCE AND THERE WERE RECOMMENDATIONS THAT CAME FORWARD. WE ALSO MADE PRESENTATIONS TO SEVERAL BOARDS, INCLUDING THE ENVIRONMENTAL BOARD, THE URBAN TRANSPORTATION COMMISSION AND THE WATER AND WASTEWATER COMMISSION. WE HAD A WEB PAGE THAT WAS UPDATED DAILY TO KEEP CITIZENS INFORMED OF ALL THE CHANGES AS WE PROGRESSED WITH NEGOTIATION OF THIS AGREEMENT. WHAT HAVE THE BOARDS AND COMMISSIONS DONE IS A VERY RELEVANT QUESTION TO APPROVING THIS AGREEMENT. THE ENVIRONMENTAL BOARD RECOMMENDED THE AGREEMENT WITH 14 CONDITIONS. 13 OF THE CONDITIONS WERE INCORPORATED INTO THE AGREEMENT. ONLY ONE CONDITION, OMITTING A GAS STATION FROM ANY TRACTS, WAS NOT INCORPORATED INTO THE TERMS. THE ZONING AND PLATTING COMMISSION RECOMMENDED THE AGREEMENT WITH CONDITIONS THAT HAVE ALSO BEEN INCORPORATED INTO THE AGREEMENT. THERE WAS ONE EXCEPTION WHERE THERE WAS A PROHIBITION ON -- OF WATER QUALITY CONTROLS ON ONE OR TWO TRACTS AND THE STAFF DID NOT INCORPORATE THAT, BUT THAT WILL BE BROUGHT UP LATER IN THE ZONING HEARING. THE URBAN TRANSPORTATION COMMISSION TOOK A VOTE ON THIS MATTER, ALTHOUGH THEY DID NOT NEED TO BRING A RECOMMENDATION FORWARD, AND THEIR MOTION SAID THEY WERE NOT IN FAVOR OF DEVELOPMENT OVER THE WAWFER, HOWEVER -- AQUIFER, HOWEVER THEY ADDED TO THEIR MOTION IF DEVELOPMENT OCCUR AND THE AGREEMENT WAS -- THE CURRENT AGREEMENT INCLUDES AN INNOVATIVE TRANSPORTATION PLAN TO PROVIDES FOR A SERVING OF THE NEIGHBORHOOD, COORDINATION WITH CAMPO AND CAPITAL METRO TO ASSURE THAT THE ALTERNATIVE TRANSPORTATION MODES CAN BE UTILIZED BY THOSE CITIZENS IN THIS AREA. THE LAST QUESTION FOR OUR PRESENTATION IS WHAT HAPPENS IF THE CITY AND STRATUS DO NOT REACH THIS AGREEMENT? THE FIRST IS THAT THE FUTURE OF WHAT WILL BE ON THIS LAND IS VERY UNCERTAIN. STAFF NLZ THAT THIS -- BELIEVES THAT THIS AGREEMENT BEFORE YOU PROVIDES EXTENSIVE BENEFITS IN THAT IT ADDRESSES THE CERTAINTY OF WHAT WILL BE DEVELOPED ON THIS LAND. IT ALSO ADDRESSES WATER QUALITY. IT PROVIDES FOR DEDICATION OF OPEN SPACE. THERE'S MITIGATION OF TRAFFIC AND TRANSPORTATION UPFRONT IMPROVEMENTS THAT USUALLY OCCUR LATER ON IN DEVELOPMENT IN THIS CITY. THERE IS REDUCED DENSITY, DENSITY FAR BELOW S.O.S. AND WHAT COULD BE CLAIMED BY STRATUS PROPERTIES UNDER THEIR M.U.D. LAND USE PLAN. THERE ARE COMMUNITY ENHANCEMENTS THAT CANNOT BE ACHIEVED WITHOUT THIS AGREEMENT. THERE'S A POSITIVE CASH FLOW. AND THIS DOESN'T INVOLVE PROPERTY TAXES. IF THE CITY DOES NOT APPROVE THIS AGREEMENT, WE WILL HAVE UNCERTAINTY. WE TAKE THE RISK THAT MORE INTENSE ACTIVE DEVELOPMENT WILL OCCUR AND IMPACT WATER QUALITY AND TRANSPORTATION. AS YOU ARE AWARE, COUNCIL, THIS HAS HAPPENED BEFORE WHERE MORE INTENSE DEVELOPMENT HAS OCCURRED IN OUR SENSITIVE AREA SUCH AS IN THE BARTON CREEK AREA. IF THIS AGREEMENT IS NOT REACHED, MOST LIKELY WE WILL SEE A TRACT BY TRACT APPROVAL, STARTING WITH THE BEAR LAKE P.U.D., WHICH WOULD TAKE AN INDUSTRIAL USE TO A SINGLE-FAMILY USE COMPLIANT WITH S.O.S., BUT WITHOUT THE AMENITIES THAT WE HAVE DISCUSSED WITH YOU TODAY. AS NOTED EARLIER, THERE IS ALWAYS SUPPOSE........ EXPOSURE TO LITIGATION AND LEGISLATION, AND AS THE CITY'S HISTORY HAS SHOWN, IT IS MOST LIKE Y TO OCCUR. EVEN IF THE CITY WOULD BE SUCCESSFUL IN LITIGATION OR HAVE A VICTORY, A LEGAL DISPUTE CANNOT ACHIEVE ALL OF THE AMENITIES AND A BENEFIT THAT HAVE BEEN OUTLINED TO YOU. NOR WOULD WE HAVE THE ABILITY TO ENFORCE THESE ADDITIONAL BENEFITS. THOSE BENEFITS HAVE BEEN EXPLAINED IN GREAT DETAIL. AT THE WORK SESSION YESTERDAY, THE MAYOR REQUESTED AN UPDATE ON THE SALAMANDER AND ALSO TO PROVIDE SOME ADDITIONAL INFORMATION ON THE COST BENEFIT ANALYSIS. WE HAVE NANCY McCLINTOCK TO PROVIDE THE FIRST UPDATE ON THE SALAMANDER. SHE WILL BE FOLLOWED BY VICKY SCHUBERT, WHO WILL GIVE AN OVERVIEW OF SPECIFIC DETAIL ON THE COST BENEFIT ANALYSIS.

THANK YOU. COUNCIL, AS YOU KNOW, SINCE LATE JANUARY, 19 SALAMANDERS HAVE BEEN FOUND EITHER DEAD OR AFFECTED PRIMARILY AT UPPER BARTON SPRINGS, UP CREEK OF BARTON SPRINGS POOL. WE'VE DONE LOTS OF INVESTIGATION SINCE THAT TIME. WE FIRST SENT THE ANIMALS TO PATHOLOGISTS WHO LOOKED AT THEM AND WERE UNABLE TO FIND ANYTHING OTHER THAN THE BUBBLES AS AN ACTUAL PROBLEM. THEY REALLY COULDN'T PROVIDE US ANY EXPLANATIONS. THE GAS BUBBLE CONDITION ITSELF APPEARS TO BE GAS BUBBLES WITHIN THE SKIN AND THE VASCULAR SYSTEM. THE GAS BUBBLES APPEAR TO BE MADE UP OF THE CONSTITUENTS OF AIR. WE HAVE DONE A LOT OF WATER QUALITY TESTING. THE WATER QUALITY AT UPPER BARTON SPRINGS IS DEGRADED RELATIVE TO BARTON SPRINGS, BUT WE'VE NOT BEEN ABLE TO IDENTIFY ANY ONE CONSTITUENT THAT COULD EXPLAIN THIS CONDITION. WE ARE WATCHING DAILY. WE HAVE THREE SCIENTISTS WORKING PRETTY MUCH FULL TIME ON THIS SITUATION, BUT WE DON'T REALLY HAVE ANY EXPLANATIONS FOR YOU RIGHT NOW AS TO WHAT IS CAUSING THIS CONDITION.

Futrell: AND NANCY, THE LAST TIME WE FOUND EITHER A SICK OR DEAD SALAMANDER WAS MID MAY.

UP UNTIL YESTERDAY THE LAST TIME WE HAD FOUND ONE WAS MAY 14TH.

Futrell: AND NOW WE HAVE ONE YESTERDAY.

THAT'S RIGHT. YESTERDAY AFTERNOON ANOTHER ONE WAS FOUND NOT DEAD, BUT WITH A GAS BUBBLE. WE CONTINUE TO WORK WITH LOCAL, STATE AND FEDERAL SCIENTISTS ON THIS PROBLEM. AND I HAVE TO SAY THERE'S BEEN A VERY LARGE EFFORT AND A LOT OF HELP FROM MANY DIFFERENT AGENCIES, INCLUDING THE UNIVERSITY OF TEXAS, TEXAS A&M. WE ARE PLANNING A TECHNICAL WORK SESSION LATER IN THE SUMMER TO BRING AS MANY SCIENTISTS AS WE CAN GET TOGETHER TO REVIEW ALL THE DATA THAT WE HAVE COLLECTED AND TRY TO GET SOME COLLECTIVE -- ADDITIONAL COLLECTIVE WISDOM GOING AND SOME DIRECTION FOR FURTHER INVESTIGATIONS.

Mayor Garcia: THANK YOU, NANCY. COUNCILMEMBER SLUSHER? YOU HAD SOME QUESTIONS FOR STAFF?

Slusher: YES, MAYOR, I DID. FIRST I WANT TO THANK EVERYBODY FOR COMING OUT TONIGHT AND CARING FOR AUSTIN. AND THEN I WANT TO SAY A FEW WORDS ABOUT MS. FUTRELL AND THE CITY STAFF BECAUSE IN A LOT OF THE CORRESPONDENCE I'VE GOTTEN OVER THE LAST TWO DAYS THEY'VE BEEN CRITICIZED AND I THINK MOST ALL OF THE -- A BUNCH OF -- A LOT OF PEOPLE HERE TONIGHT RESPONDED TO THE E-MAIL THAT THE THEME OF THAT E-MAIL WAS THAT THE CITY STAFF IN RECOMMENDING THIS PROPOSAL AND WORKING ON THIS PROPOSAL ARE ASSUMING THAT THE AQUIFER IS GOING TO DIE AND THAT BARTON SPRINGS WON'T SURVIVE. IT ALSO SAID THAT THE CITY STAFF IS ACCEPTING A MASSIVE URBAN SPRAWL THAT THEY'RE ACCEPTING OF UNBREATHABLE AIR AND WATER UNFIT FOR SWIMMING. I KNOW THAT'S NOT TRUE AND I REALLY DON'T SEE WHAT GOOD IT DOES FOR BARTON SPRINGS TO DEHUMANIZE CITY EMPLOYEES. THEY'RE CITIZENS JUST LIKE ALL OF US. THEY SWIM AT BARTON SPRINGS. THEY USE THE GREENBELT, HIKE AND BIKE TRAILS. THEY HAVE KIDS WHO THEY WANT TO GROW UP IN A LIVEABLE AUSTIN. AND EVERYDAY I SEE CITY EMPLOYEES WORKING ON A WIDE ARRAY OF FRONTS TO SAVE BARTON SPRINGS AND PROTECT ALL FEATURES OF AUSTIN'S ENVIRONMENT. IN RECENT YEARS I'VE SEEN THEM EMPOWERED BEYOND WHAT WAS REALLY ALLOWED FRANKLY BY A PREVIOUS CITY GOVERNMENT ON PROTECTION OF THE ENVIRONMENT AND THINGS THEY FELT EMPOWERED AND BEEN HAPPY ABOUT THAT BECAUSE THEY WANTED TO DO MORE OVER THE YEARS TO PROTECT AUSTIN'S ENVIRONMENT. I THINK -- I KNOW I WOULD AGREE WITH A LOT OF THE SENTIMENT HERE TONIGHT AND MOST OF THE CITY EMPLOYEES I THINK WOULD THAT BARTON SPRINGS IS IN TROUBLE. EVERYBODY WANTS TO SAVE IT. IT FACES A TREMENDOUS CHALLENGE. BUT WHEN PEOPLE FACE SUCH HUGE CHALLENGE AND WHEN PEOPLE HAVE THE SAME GOAL, I REALLY HATE TO SEE SOME OF THEM ATTACKED FOR THEIR INTEGRITY AND THE COMMITMENT OF OTHERS. SO I HOPE WE CAN PROCEED TONIGHT WITH RESPECTFUL DIALOGUE, WITH RESPECT FOR EVERYONE INVOLVED AND EVERYONE THAT'S HERE TONIGHT AND I HOPE WE CAN HAVE A CONSTRUCTIVE DISCUSSION. FOLKS KNOW THE CHALLENGES WE ALL FACE IN TRYING TO SAVE BARTON SPRINGS. AND NOW I'VE GOT SOME QUESTIONS FOR MS. MCCLINTOCK. MS. McCLINTOCK, THERE'S BEEN -- A LOT HAS BEEN SAID THAT THIS AGREEMENT DOESN'T COMPLY WITH THE S.O.S. ORDINANCE. AND IT'S BEEN STATED STRONGER, LIKE IT VIOLATES THE S.O.S. ORDINANCE. AND I WOULD LIKE TO GET TO THE TRUTH OF THAT MATTER RIGHT OFF THE TOP HERE TONIGHT. MY UNDERSTANDING OF IT IS THAT THE PROPOSAL THAT'S ON THE TABLE MEETS THE IMPERVIOUS COVER LEVELS OF S.O.S. IT MEETS THE WATER QUALITY CONTROL STANDARDS OF S.O.S. AND IT MEETS EVERY OTHER ASPECT OF THE SAVE OUR SPRINGS ORDINANCE, WITH THE EXCEPTION THAT THIS AGREEMENT, PROPOSED AGREEMENT ALLOWS CLUSTERING OF IMPERVIOUS COVER. SOME TRACTS WILL HAVE MORE THAN WHAT S.O.S. ALLOWS, BUT OTHERS WILL BE LEFT UNDEVELOPED. AND WE'VE SEEN ON THE MAPS HOW TWO OF THE TRACTS WILL BE LEFT UNDEVELOPED AND ARE CONTIGUOUS TO THE EXISTING SLAUGHTER CREEK METROPOLITAN PARK SO THAT THEY WILL BE ADDED TO THAT -- TO THAT PARK AND SOME OF THE OTHER TRACTS ARE CONTIGUOUS TO THE LADY BIRD JOHNSON WILDFLOWER CENTER AND TO PRESERVE LANDS THAT THE CITY HAS ALREADY PURCHASED. SO WHAT I'D LIKE FOR YOU TO TALK ABOUT AS THE LEAD CITY BIOLOGIST IS YOUR VIEWS ON CLUSTERING AND WHETHER OR NOT THAT PROTECTS WATER QUALITY.

WELL, FIRST OF ALL, S.O.S. DOES ALLOW CLUSTERING, BUT IT ONLY ALLOWS CLUSTERING ON ONE CONTIGUOUS PIECE OF PROPERTY. AND WHAT'S REALLY DIFFERENT ABOUT THIS AGREEMENT IS THAT IT HAS DISCONTIGUOUS PIECES OF PROPERTY AND ALLOWS CLUSTERING AMONGST THOSE. CLUSTERING, AND I THINK THIS IS REALLY WELL -- WELL-KNOWN AND PERHAPS GROWING IN OUR UNDERSTANDING OF GROWING, IS ENVIRONMENTALLY ADVANTAGEOUS. AND I'LL JUST HIT SORT OF THE HIGH POINTS. BUT FIRST AND MOST OBVIOUSLY, BY CLUSTERING THE IMPERVIOUS COVER ON SOME PIECES IT ALLOWS YOU TO HAVE SOME COMPLETELY UNDEVELOPED AREAS LEFT OVER. THAT DOES A NUMBER OF THINGS, BUT ONE OF THE THINGS IT DOES IS IT REDUCES THE TOTAL SITE AREA THAT'S ACTUALLY DISTURBED BY CONSTRUCTION. WE DON'T HAVE A NUMBER TO PUT TO IT, BUT THE EROSION AND SEDIMENTATION IMPACT OF CONSTRUCTION ARE A HUGE PIECE OF THE NON-SOURCE POINT POLLUTION THAT WE GET FROM DEVELOPMENT. SO IN BARTON SPRINGS, FOR INSTANCE, THAT COULD RESULT IN LOWER TOTAL SUSPENDED SOLIDS. THAT'S PROBABLY THE -- IN MY OPINION IT MAY BE THE SINGLE MOST IMPORTANT ADVANTAGE OF CLUSTERING. WE CAN STILL GET THE SAME WATER QUALITY CONTROL BECAUSE THE PONDS -- CERTAINLY THERE IS A CAP ON HOW MUCH IMPERVIOUS COVER THAT COULD BE ALLOWED ON ANY PARCEL, BUT UP TO THAT CAP THE WATER QUALITY CONTROLS CAN BE SIZED AND DESIGNED TO TREAT THE ADDITIONAL VOLUME SO THAT WE STILL GET THE NON-DEGRADATION LEVEL OF TREATMENT THAT WE LOOK FOR IN S.O.S. THE OTHER THING THAT WE GET AGAIN WITH THE OPEN SPACE IS FURTHERERING ANOTHER ONE OF THE CITY'S GOAL, WHICH IS TO TRY TO PRESERVE THE NATURAL CHARACTER IN THE HILL COUNTRY AND BASICALLY EVERY HERE IN AUSTIN. YOU ALSO GET THE ADVANTAGE OF THE PROTECTION OF WILDLIFE HABITAT AND HOPEFULLY SOME SPACE FOR THE PUBLIC TO USE.

Slusher: DO YOU THINK IT HAS ALL THOSE ADVANTAGES AND STILL PROTECTS WATER QUALITY IN THIS INSTANCE? AT LEAST AS WELL AS SAVE OUR SPRINGS ORDINANCE WOULD BE STRICT TRACT BY TRACT COMPLIANCE?

YES, SIR, I DO AND I WOULD EVEN GO SO FAR AS TO SAY THAT I THINK THAT THE S.O.S. ORDINANCE COULD BE IMPROVED WITH SOMETHING THAT THAT WOULD ALLOW THIS TYPE OF CLUSTERING.

Slusher: THANK YOU. THAT'S ALL I HAVE RIGHT NOW.

Mayor Garcia: LET ME EXPLAIN THE WAY WE'RE GOING TO PROCEED TONIGHT. THE FIRST ITEM ARE THE SETTLEMENT ITEMS THAT THE STAFF HAS MADE A PRESENTATION ON. WE NOW WILL GO TO A STAFF PRESENTATION ON ALL OF THE ZONING CASES. AND WE'LL START WITH MR. GURNSEY AND THEN THE APPLICANT WILL BE REPRESENTED BY MR. STEVE BRENNER. OKAY. SO THE CITY WILL MAKE THE PRESENTATION AS AN APPLICANT ON ALL THE ZONING EXCEPT THE BEAR LAKE P.U.D. MR. BRENNER WILL FOLLOW MR. GURNSEY. AND AFTER THAT I WILL START RECOGNIZING FIRST THOSE CITIZENS THAT HAVE SIGNED UP TO -- THAT HAVE SIGNED A CARD, BUT DO NOT WISH TO SPEAK. AND AFTER THAT I'LL START RECOGNIZING ALL THE PEOPLE THAT WISH TO SPEAK. MR. GURNSEY?

THANK YOU, MAYOR AND COUNCIL. MY NAME IS GREG GURNSEY WITH THE NEIGHBORHOOD PLANNING AND ZONING DEPARTMENT. AND THE CITY IS THE APPLICANT AS YOU HAD SAID ON ACTUALLY 14 CASES THAT ARE POSTED ON YOUR AGENDA. AND THE BEAR LAKE P.U.D. ITEM, WHICH IS ITEM Z-9 IS ACTUALLY FILED BY THE STRATUS OR CIRCLE C LAND CORP. LET ME IDENTIFY THESE TRACTS. AND I WANT TO POINT OUT RIGHT OFF THE BAT, THERE ARE TWO ITEMS THAT ARE ON YOUR AGENDA THIS EVENING -- IF YOU LOOK AT YOUR AGENDA, ITEM NUMBER Z-16, WHICH HAS BEEN REPLACED BY AN ADDENDUM ITEM. IT IS LOCATED AT THE SOUTHWEST CORNER OF SLAUGHTER AND MOPAC. CASE C-14,020,040.113 WHICH IS ITEM Z-22 ON YOUR AGENDA NEAR THE WILDFLOWER CENTER ON MOPAC. THESE ITEMS WILL NOT BE HEARD FOR ZONING AND PUBLIC HEARING TONIGHT, DUE TO A NOTIFICATION ERROR AND WILL BE RESCHEDULED FOR JULY 18th AND WILL BE CONSIDERED AT THAT TIME: SO THE ZONING CASES THAT WE HAVE BEFORE YOU TONIGHT ARE Z-10 THROUGH Z-15 ON YOUR AGENDA. Z-17 THROUGH Z-21. AND Z-23. THESE ARE THE CITY OF AUSTIN INITIATED ZONING CASES. Z-9, AGAIN, IS THE ITEM THAT'S INITIATED BY STRATUS PROPERTY THROUGH THE HOLDINGS OF CIRCLE C LAND CORP. LET ME POINT OUT A FEW THINGS ABOUT THESE TRACTS. THE MAP TO MY RIGHT IN BLUE SHOWS ALL THE TRACTS THAT HAS EITHER BEEN INITIATE BID THE CITY FOR ZONING OR BY THE CIRCLE C LAND CORP THROUGH STRATUS. THE FIRST ONE, WHICH IS BEAR LAKE P.U.D., THIS TRACT OVER HERE, WAS SUBMITTED LAST YEAR AND IT WAS A PROPOSED PLANNED USE DEVELOPMENT FOR APPROXIMATELY 800 UNITS. ORIGINALLY STARTED OUT AS HAVING A MIXTURE OF MULTI-FAMILY, TOWNHOUSE, SINGLE-FAMILY SMALL LOTS, LARGE LOTS. WHEN THAT CASE WAS FILED A LOT OF THE NEIGHBORHOODS ALONG 1826 HAD MUCH OF A CONCERN OVER THE TRAFFIC THAT WAS COMING OUT ON 1826 AND THE COMPATIBILITY OF THE LAND USE ON BEAR LAKE P.U.D., ALONG WITH ALL THE ADJACENT SINGLE-FAMILY DEVELOPMENT THAT WAS UP AND DOWN 1826. SO WITH MORE LARGE LOT SINGLE-FAMILY DEVELOPMENT. ALSO A TREMENDOUS AMOUNT OF TRAFFIC THROUGH THE LAST 10 YEARS, 10 OR 15 YEARS HAS BEEN DEVELOPING ALONG 1826 AND THERE WAS CONCERN ABOUT THE INTERSECTION AT 45 AND EAT SVEN ACTUAL FLOW OF TRAFFIC FURTHER DOWN 1826. WHEN THIS OCCURRED, THE CITY COUNCIL TOOK ACTION AND ALLOWED STAFF TO INITIATE THE REST OF THE ZONING CASES THAT YOU SEE THAT ARE ON THIS MAP. THE NEIGHBORS HAD CONCERN THAT THEY WEREN'T GETTING THE WHOLE PICTURE, SO CITY STAFF BEGAN IN APRIL TO INITIATE THE ZONING ON 14 OTHER CASES, WHICH GO FROM SO 1, 102, 103, 104, 105, 106, 107, 108, 110, 109, 111, 112, 113 AND 114. AND THESE TRACTS OF LAND MAKE UP ABOUT 738 ACRES. THE ORIGINAL BEAR LAKE P.U.D. IS PROBABLY 30 PLUS ACRES OF LAND. SO WE'RE TALKING ABOUT A SIGNIFICANT AMOUNT OF LAND IN SOUTHWEST TRAVIS COUNTY. ALL OF THESE TRACTS OF LAND WERE ANNEXED INTO THE CITY, WITH THE EXCEPTION OF PART OF BEAR LAKE P.U.D. THAT WAS ACTUALLY ANNEXED THIS YEAR IN 1997. AND WHEN LAND COMES INTO THE CITY, IT COMES IN WITH AN INTERIM ZONING CLASSIFICATION. AND THE CLASSIFICATION, SOME TYPE OF ZONING IS GIVEN TO ALL PROPERTY UPON ANNEXATION IN ORDER SO THERE WON'T BE A TAKING FOR THE PROPERTY AND THE INTERIM DESIGNATION IS TO LET EVERYBODY KNOW THAT AN INTERIM ZONING IS NOT PERMANENT AND THE PROCESS WE'RE GOING THROUGH THIS EVENING WOULD ACTUALLY ESTABLISH PERMANENT ZONING. MANY OF THE TRACTS THAT ARE BEFORE US THIS EVENING, PARTICULARLY THOSE WITH THE EXCEPTION OF THE BEAR LAKE P.U.D. AND TRACT 114, WHICH IS OVER BY HIGHWAY 45 AND 1826. WERE ORIGINALLY IN THE SOUTHWEST TRAVIS COUNTY M.U.D. NUMBER 1, 2, 3, 4, OTHERWISE KNOWN AS CIRCLE C M.U.D. AND IT HAS BEEN THE PRACTICE OF THE CITY OVER THESE MANY YEARS TO ACTUALLY ZONE -- INITIATE ZONING ON THESE TRACTS AND THERE'S A M.U.D. THAT WAS LOCATED IMMEDIATELY NORTH OF THE CIRCLE C M.U.D. IT'S CALLED THE --

Mayor Garcia: CAN YOU STOP THE CLOCK. THIS IS NOT SUBJECT FOR TIMING THAT WE HAD FOR SPEAKERS. SO TURN IT OFF.

WE ALSO ANNEXED ALONG BRODIE LANE RUNNING SOUTH OF WILLIAM CANNON GOING FURTHER SOUTH, THREE TRACTS OF LAND WHICH ARE PART ANOTHER M.U.D. THE CITY OF AUSTIN INITIATED ZONING OVER ALL THOSE MUNICIPAL UTILITY DISTRICTS WHERE THERE WERE LOTS OWNED BY INDIVIDUALS OR LOTS OWNED BY CORPORATIONS. IN THE CASE OF THE VILLAGE OF WEST OLYMPICS M.U.D., ALL THAT LAND HAD AN INTERIM ZONING CATEGORY. IT WAS EITHER INTERIM SF-2 OR INTERIM RR. AND WHEN WE BROUGHT THOSE TRACTS IN, THE CITY OF AUSTIN, AS WE'RE DOING TODAY, INITIATED ZONING ON THOSE PARCELS AND WE ZONED THE PARCELS PRETTY MUCH IN ACCORDANCE WITH THEIR M.U.D. THE INTENSITIES OF THE ZONING WERE LESS THAN CERTAIN CIRCUMSTANCES, BUT IF YOU DRIVE DOWN SOUTH MOPAC, FOR INSTANCE, YOU LOOK TO YOUR RIGHT BEFORE YOU GET TO CIRCLE C MUD, YOU SEE SEVERAL APARTMENTS. ON THE VILLAGE OF WEST OAKS M.U.D., THAT WAS DESIGNATED AS A MULTI-FAMILY. IT EVENTUALLY WAS ZONED MF MULTI-FAMILY AND HAS MULTI-FAMILY THERE TODAY. AT THE INTERSECTION OF DAVIS AND MOPAC THERE ARE SOME GR TRACTS THAT WERE DESIGNATED FOR COMMERCIAL USES IN THE OLD VILLAGE OF OAK HILLS AND CONSTITUENT INITIATED GR ZONING ON THOSE TRACTS AND THEY ARE ZONED GR TODAY. SO THERE ARE MANY SIMILARITIES THAT WE HAVE AS FAR AS THE PROCESS IS CONCERNED. WE DID SEND A NOTICE IN THOSE CASE AS WE DID THIS CASE TO ADJACENT PROPERTY OWNERS WITHIN 300 FEET OF THESE TRACTS AND WE ALSO NOTIFIED THE REGISTERED HOMEOWNERS ASSOCIATION OF THE ZONING CHANGES. THE PROPOSED SETTLEMENT AGREEMENT PROCESS WAS DIFFERENT AS FAR AS PARTICIPANTS, BUT THE PARTICIPANTS OF THE ZONING CASE, EVERYONE RECEIVED NOTICE AT THE SAME TIME. WHETHER THEY WENT TO THEIR MANAGEMENT COMPANY, THEIR TRUST COMPANY, THROUGH THEIR INDIVIDUAL PROPERTY OWNERS, THEY WERE NOTIFIED. I WANT TO GO THROUGH THE INDIVIDUAL CASES STARTING WITH THE BEAR LAKE P.U.D. THIS IS AT THE SOUTHWEST CORNER OF STATE HIGHWAY 45 AND 1826. IT'S COMPOSED OF APPROXIMATELY 800 UNITS AND WORKS OUT TO BE 1.5 UNITS PER ACRE. THERE'S A VARIETY OF LAND USES AS I'VE SAID BEFORE, SINGLE-FAMILY, A LARGE LOTS, SMALL LOTS, LOTS DOWN TO 3600 SQUARE FEET AND PROVIDED FOR TOWNHOUSE, ORIGINAL MULTI-FAMILY THAT HAS SINCE BEEN DELETED, CONDOMINIUM USES. THERE'S ALSO PROVISION FOR WHAT'S CALLED A COMMUNITY CENTER TYPE TRACT. ALSO PROVIDED FOR A SCHOOL. THE PLANNING COMMISSION CAME BACK AND RECOMMENDED THE P.U.D. ZONING TO THE COUNCIL AND HAD MADE SEVERAL CHANGES TO THE ORIGINAL STAFF RECOMMENDATIONS FIRST AND FOREMOST THEY DID PROHIBIT THE APARTMENTS. THE AREA THAT IS KNOWN AS THE TRUST, YOU CAN SHOW ME AGAIN THE MAP ON MY RIGHT, THE CRESCENT AREA, WAS A HOTLY CONTESTED AREA. AND IT HAD A GREAT DEAL OF DISCUSSION. THEY HAD LIMITED THE DRIVEWAY ACCESS TO THIS, 1826, TO THE SOUTHERNMOST DRIVEWAYS ON THE P.U.D. THE OWNERS OF STRATUS CAME BACK AND NEGOTIATED WITH THE NEIGHBORHOOD SINCE THEN TO TELL ACTUALLY DELETE THIS DRIVEWAY. THERE WAS ALSO 100-FOOT SET BACK FROM THE LINE OF 1826, VARIOUS PROPERTIES AND A 200 PLUS SET BACK FOR CERTAIN OTHER PROPERTIES DEPENDING ON THE DEVELOPMENT INTENSITIES. THESE HAVE SINCE BEEN MODIFIED. THERE HAVE BEEN LIMITATIONS ON HEIGHT THAT WERE AGREED TO AT THE TIME OF PLANNING COMMISSION THAT HAVE SINCE BEEN REDUCED AND THERE WERE PROVISIONS FOR SOME SOME FLASHING LIGHTS OR SIGNAL FOR A DRIVEWAY THAT WOULD COME OFF OF THIS CRESCENT THAT STRATUS WOULD AGREE TO PURSUE THOSE WITH TXDOT'S PERMISSION. THOSE HAVE -- THE NEED FOR THAT HAS SINCE GONE AWAY SINCE THAT'S NOT REQUIRED IF THERE'S NO DRIVEWAY. WHERE DOES THAT KIND OF BRING US TODAY? WE DO HAVE A RECOMMENDATION BY STAFF AND THE ZONING AND PLATTING COMMISSION AND THERE IS A HANDOUT THAT YOU SHOULD HAVE ON THE DIAS, AND I CAN PRESENT ANOTHER COPY TO YOU THAT IS ENTITLED STRATUS PROPERTIES, JUNE 27TH COUNCIL AGENDA SUMMARY NEGOTIATION MODIFICATION. SINCE THE ZONING AND PLATTING COMMISSION'S RECOMMENDATION FOR BEAR LAKE P.U.D. AND I'D LIKE TO RUN THROUGH THOSE VERY QUICKLY. THE MODIFICATIONS TO THE M.U.D. LAND PLAN THAT HAS SINCE BEEN SUBMITTED WOULD LIMIT THE ACCESS POINT AT 1826 TO A SINGLE ACCESS POINT AS SHOWN ON THE LAND USE MAP THAT WAS SUBMITTED, AND THAT WOULD BE OUT OF THE CRESCENT AREA CLOSER TO HIGHWAY 45. THEY WOULD ALSO APPROVE A VARIANCE TO ALLOW A ROADWAY CROSSING TO CROSS A CREEK SINCE THERE WOULD BE NO OTHER ACCESS TO THE MIXED RESIDENTIAL AREA A, ALSO KNOWN AS THE CRESCENT. IT WOULD PROVIDE FOR CERTAIN VARIANCES IN ACCORDANCE TO ALLOW THIS ACCESS, A VARIANCE FROM THE LAND DEVELOPMENT CODE TO ALLOW -- IT NORMALLY REQUIRES A 2,000-FOOT MINIMUM BETWEEN A COLLECTOR STREET AND ARTERIAL STREET OR OTHER COLLECTOR ARREST STERILE STREET OR -- OR ARTERIAL STREET OR WATER QUALITY ZONE, THE BARTON SPRINGS ZONE, ALSO TO MODIFY CERTAIN PERFORMANCE STANDARDS IDENTIFIED WITHIN THE P.U.D. IN LIEU OF OTHERS PRACTICED IN THE COATDZ CODES. A WATERWAY CROSSING IN A MIXED RESIDENTIAL AREA A AS SHOWN ON THE P.U.D. LAND USE PLAN NECESSARY TO PROVIDE ACCESS THAT WOULD NOT OTHERWISE BE PROVIDED. ALSO TO APPROVE CUT AND FILL VARIANCES FOR A ROADWAY THAT CROSSES THE CREEK UP TO A CUT OR FILL OF 10 FEET. TO APPROVE A VARIANCE FROM A MAXIMUM LOT LENGTH, APPROVE A WAIVER FROM A SINGLE STREET STREET OUTLET RESTRICTION. AND AGAIN THESE WOULD BE SUBJECT TO CERTAIN APPROVAL BY OUR FIRE AND E.M.S. SERVICES. ALSO, TO APPROVE WAIVERS FROM THE CUL-DE-SACS AND OUTLET STREETS ACCORDING TO THE CRITERIA MANUAL AND BLOCK ROADS. A COUPLE OF OTHER THINGS THAT THIS WOULD DO IS APPROVE THE SHORTENING OF THE MAIN BOULEVARD THAT WOULD BE LEADING INTO THE DEVELOPMENT. AGAIN, THE CUL-DE-SACS PROHIBITION, BUT STRONGLY DISCOURAGED THEM TO MEET THE REQUIREMENT TO INSTALL THE SIGNAL AS I'VE MENTIONED BEFORE ON 1826 FOR THE AREA REFERRED TO AS THE CRESCENT, WHICH IS NO LONGER AN ACCESS POINT. TO RESTRICT THE RESIDENTIAL OF P.U.D. TO BE PERMIT ODD A NON-CURB AND GUTTER STREET. I'VE ALREADY MENTIONED THE MULTI-FAMILY USE TO LIMIT THE NUMBER OF RESIDENTIAL UNITS WITHIN THE MIXED RESIDENTIAL AREA A CONNECTING THE 95. THE STRUCTURES IN THE MIXED RESIDENTIAL AREA, WE'D NOW BE LOOKING AT TWO-STORY INSTEAD OF THE HIGHER HEIGHTS THAT WERE ORIGINALLY APPROVED -- RECOMMENDED BY THE ZONING AND PLATTING COMMISSION. AND A PRIMARY EDUCATIONAL USE BE ADDED TO THE MIXED RESIDENTIAL AREA C, WHICH IS -- WOULD ALLOW FOR THE ELEMENTARY SCHOOL, THE PROPOSED AUSTIN INDEPENDENT SCHOOL DISTRICT ELEMENTARY SCHOOL. ALSO ADDITIONAL BUILDING SET BACKS FROM THE INTERSECTION OF STATE HIGHWAY 45 AND 1826. AND THESE WOULD CONSIST OF THE SETBACK FROM 1826 FOR THE FIRST 2,000 FEET FROM THE INTERSECTION IS 107 FEET. THE SETBACK FROM 1826 BETWEEN 2,000 AND 3,000 LINEAR FEET FROM THE INTERSECTION NEAR THE CRESCENT AREA IS 1 FWIFN FEET FOR SINGLE-FAMILY HOMES AND FOR TOWNHOUSES AND CONDOMINIUMS IT IS 207 FEET. THE SETBACKS FROM 1826 FOR THE AREA BETWEEN 5,000 FEET FROM THE INTERSECTION TO THE END OF THE PROPERTY IS 207 FEET. THE SETBACK IN THE STATE HIGHWAY 45 WOULD BE 45 TO 50 FEET. AND NOTING THAT THE SETBACKS I MENTIONED ON 1826 ARE FROM THE CENTER LINE. IT WOULD ALSO APPROVE VARIANCE YANSS FROM CUT AND FILL AND DETENTION PONDS AND RIRMS FOR SET BACK FROM AN UNCLASSIFIED WATERWAY OF FIVE ACRES OR MORE IS CLARIFIED AND DEFINED AS A 25-FOOT OFFSET FROM THE CENTER LINE. SO THIS IS THE PROPOSAL THAT YOU HAD BEFORE YOU ON BEAR LAKE P.U.D. AND AGAIN, THIS IS AN APPLICATION THAT WAS FILED BY STRATUS AND CIRCLE C LAND CORP. THE REMAINING CASES I'M GOING TO TALK TO ARE CITY INITIATED.

LET ME QUICKLY TAKE YOU ON A WHIRLWIND TOUR OF THESE TRACTS AND I WILL SKIP THE ONES THAT WE ARE NOT HAVING A PUBLIC HEARING TONIGHT. THE FIRST TRACT TO MY RIGHT IS TRACT 101. THIS IS PROPOSED FOR GR-MU ZONING. THIS TRACT IS WEST OF CIRCLE C NORTH SUBDIVISION NORTH OF SLAUGHTER LANE AND EAST OF 1826. IT IS ACROSS FROM THE WATER TOWER THAT'S OUT THERE, WATER TANK THAT'S OUT THERE. THERE IS SEVERAL PROHIBITIONS ON THESE TRACTS, AND WHICH IS COMMON TO ALL OF THESE THAT I'M GOING TO SPEAK TO ON THE CITY INITIATED CASES, THERE WOULD BE NO DROPOFF RECYCLING AND NO PAWN SHOPS. ALSO THAT AUTO RELATED USES, UNLESS I SEE OTHERWISE, WILL BE PROHIBITED FROM THESE TRACTS. ALSO THERE'S A LIMITATION TO A SINGLE SERVICE STATION OR GAS STATION THAT'S ALLOWED ON THESE TRACTS AND I'LL POINT OUT WHERE THAT IS. BUT ON TRACT 101, RIGHT NOW WHAT'S BEING PROPOSED IS THERE'S A PROHIBITION OF RETAIL WITHIN 500 FEET OF THE EAST PROPERTY LINE ADJACENT TO THE CIRCLE C NORTH LOTS OF RETAIL USES AND THERE IS A BUFFER THAT RANGES FROM 175 FEET, WHICH IS PERPENDICULAR TO THE EAST PROPERTY LINE FROM SLAUGHTER LANE AND IT WOULD RANGE ALL THE WAY UP TO 375 FEET. IT ALSO PROVIDES A 25-FOOT BUFFER WHICH PROHIBITS BUILDING AND STRUCTURES ALONG SLAUGHTER LANE. AND WOULD ALLOW A SECONDARY EDUCATIONAL FACILITY. TRACT 101 IS A SITE THAT HAS THROUGH THE AGREEMENT, PROPOSED AGREEMENT, THEY WOULD HAVE AN OPTION TO PURCHASE A PORTION OF THIS PROPERTY, PROBABLY SOMEWHERE BETWEEN 25 AND 35 ACRES FOR A MIDDLE SCHOOL SITE. ALSO THE COMMISSION RECOMMENDED A PROHIBITION TO ACCESS TO ALLETSON DRIVE, EXCEPT FOR EMERGENCY VEHICLES. AND LIMIT DEVELOPMENT INTENSITY ON THIS PROPERTY TO MF-3 DENSITY FOR THE MU. AND LET ME EXPLAIN WHAT THE MU IS. MU IS A MIXED USE DISTRICT WHICH ALLOWS FOR A VARIETY OF TYPES OF HOUSING. IT COULD BE MULTI-FAMILY, TOWNHOUSE, CONDOMINIUM, DUPLEXES, SINGLE-FAMILY HOMES. AND SO THE MF-3 IS SOMETHING ACTUALLY THAT IS MORE RESTRICTIVE THAN WOULD NORMALLY BE REQUIRED. I WOULD ALSO LIKE TO POINT OUT THAT MANY OF THE BUFFERS I'LL BE TALKING ABOUT TONIGHT NORMALLY IN THE CITY OF AUSTIN FROM A PROPERTY THAT'S DEVELOPED FOR COMMERCIAL THAT'S DEVELOPED FOR MULTI-FAMILY TYPE USES, A BUFFER IS NORMALLY 25 FEET FROM THE DEVELOPMENT FOR PARKING LOT OR FOR A BUILDING. IN THIS PARTICULAR CASE THE SETBACKS RANGE FROM 1075 FEET UP TO 375 FEET. SO THERE'S A SIGNIFICANT DIFFERENCE FROM WHAT NORMALLY SOMEONE WOULD ENJOY INSIDE THE CITY OF AUSTIN THAN ON THIS TRACT. ALSO, IF YOU WERE TO BUILD A BUILDING THAT IS 40 FEET IN HEIGHT, YOU WOULD HAVE A REQUIRED SET BACK OF 50 FEET IN THE CITY OF AUSTIN AND THE SAME RESTRICTIONS I HAD MENTIONED BEFORE ON THE SETBACK OF 175 AND 375 FEET WOULD ALSO APPLY TO THIS PROPERTY.

[ONE MOMENT, PLEASE, FOR CHANGE IN CAPTIONERS]

ALL THESE SETBACKS I'M SPEAKING TO WOULD END ADJACENT TO WHAT A RESIDENTIAL IS AND RECENTLY WE'VE HAD A SUBDIVISION, WHEN I SPEAK TO THE EASTERN PROPERTY LINE, THERE'S A RECENT SINGLE FAMILY SUBDIVISION THAT HAS JUST BEEN APPROVED BY THE ZONE AND PLATTING COMMISSION AND THESE BUFFERS WOULD BE ON THE AREA THAT'S NORTH OF ANOTHER PIPELINE THAT TRAVERSES THIS SITE CALLED THE PHILLIPS PIPELINE. IT ACTUALLY CUTS IT. THE LONGHORN PIPELINE IS ON THE NORTH AND SO THE AREA IN BETWEEN IS WHERE YOU WOULD HAVE THE DIFFERENT SETBACKS THAT WOULD APPLY. ALSO ON 103, AND THERE WAS A DEDICATION REQUIREMENT FOR 114 FEET OF RIGHT-OF-WAY FOR A FUTURE EXTENSION IN ACCORDANCE WITH THE CITY'S ROADWAY PLAN. THIS WOULDN'T BE REQUIRED AT THIS TIME. THIS WOULD BE REQUIRED AT THE TIME OF THE SUBDIVISION BECAUSE THIS IS A CITY-INITIATED CASE. ALSO THERE IS NO MULTIFAMILY DEVELOPMENT BETWEEN SAWEDER LANE AND THE PHILLIPS PIPELINE. EXCUSE ME. THIS IS THE AREA THAT WOULD BE SAUT OF THE PIPELINE ADJACENT TO -- SOUTH OF THE PIPELINE ADJACENT TO SAUDER LANE. THE NEXT TWO TRACTS I'M GOING TO TALK ABOUT ARE TO THE SOUTH OF SAUDER LANE, THESE TWO TRACTS OF THE PROPOSED AGREEMENT WOULD BE DEDICATED TO THE CITY OF AUSTIN AND ARE PROPOSED FOR RR, RURAL RESIDENTIAL ZONING. NORMALLY WHEN WE HAVE PROPERTY COMING IN, A LOT OF TIMES THAT PROPERTY IS REZONED TO BE PUBLIC. IF IT IS THE COUNSEL SAIL'S DESIRE, THEY COULD DIRECT STAFF TO ZONE THESE AS PUBLIC AS WELL. STAFF HAS ONE OBJECTION TO SOMETHING THAT THE ZONING AND PLATTING COMMISSION RECOMMENDED ON BOTH OF THESE PARCELS AND IT'S SOMETHING THAT THE ENVIRONMENTAL BOARD ACTUALLY RECOMMENDED WAS TO TAKE CARE OF SOME OF THE DRAINAGE FOR WATER QUALITY PURPOSES AND PREVENTION PURPOSES OFF OF SAUDER LANE AND STAFF WOULD ASK COUNCIL TO CONSIDER STILL ALLOWING IT, ALTHOUGH THIS IS CONTRARY TO THE ZONING AND PLATTING COMMISSION RECOMMENDATION TO ALLOW STORM WATER FACILITIES ON TRACTS 104 AND 105, SOUTHWEST ON EITHER SIDE OF THE BOULEVARD. THE NEXT TRACT I'M GOING TO TALK ABOUT IS TRACT 106. THIS IS AT WEST OF MOPAC, NORTH OF SLAUGHTER LANE AND THIS WOULD BE DIRECTLY SOUTH OF THE APARTMENTS IN THE VILLAGE OF WESTERN OAKS. THIS TRACT IS PROPOSED FOR GR ZONING. THEY HAVE A HEIGHT LIMITATION OF 40 FEET. IT WOULD ALSO BE A BUFFER THAT WOULD BE ESTABLISHED SIMILAR TO THE OTHER BUFFERS I HAD MENTIONED BEFORE, AND THIS WOULD BE 100 FEET FROM THOSE HOMES THAT ARE PLATTED IN THE VILLAGE OF WESTERN OAKS, AND THIS WOULD BE OPPOSITE OF THE EXTENSION OF BECKETT ROAD, WHICH WOULD ACTUALLY BE THE WESTERN BOUNDARY OF THIS PROPERTY. THAT ROAD IS ACTUALLY GOING TO BE CONSTRUCTED BY THE FAMILY SUBDIVISION PURT TO THE -- FURTHER TO THE WEST. EXCUSE ME. ON TRACT 107 THERE IS A PROHIBITION AGAINST A DRIVE-IN RESTAURANT AND IT WOULD ALLOW A GAS STATION OR SERVICE STATION USE ON THIS TRACT UNDER THE ZONING AND PLATTING COMMISSION'S RECOMMENDATION. THIS IS ONE OF TWO TRACTS, 106 AT SLAUGHTER AND MOPAC AND TRACT 114 AT 1826 AND HIGHWAY 56 WHICH IS PROPOSED FOR THE SINGLE SERVICE STATION USE. THIS TRACT WOULD ALSO BE PROHIBITED FROM AUTO-RELATED USES LIKE AUTO RENTAL, AUTO SALES, AUTO WASHING, THAT KIND OF THING, BUT IT WOULD ALLOW FOR THE DIFFERENT TYPES OF OTHER RETAIL USES ALLOWED IN GR. THE ZONING AND PLANNING COMMISSION ALSO PLACED LR SITE DEVELOPMENT STANDARDS, WHICH ALSO ECHOES THE 40 FOOT HEIGHT LIMITATION, ON THIS TRACT AS WELL SIMILAR TO 103 AND 101 WITH THE EXCEPTION OF ALLOWING ADDITIONAL HEIGHT FOR A SCHOOL ON THAT TRACT, AND 102 WITH THE EXCEPTION OF THE COMMUNITY STORAGE. HOWEVER, TRACT 106 DOES NOT HAVE THE NEW COMPONENT. TRACT 107 I'M NOT GOING TO SPEAK TO TONIGHT BECAUSE THAT WAS ONE THAT'S GOING TO HAVE TO COME BACK ON JULY 18th. THE NEXT TRACT I'M GOING TO TALK TO IS TRAKT 108. THIS IS LOCATED ACROSS FROM BUOY HIGH SCHOOL AT THE LOCATION OF BRODY LANE AND SLAUGHTER LANE. THIS IS PROPOSED FOR GR USE, SIMILAR TO TRACT 101. LIMITATIONS ARE HEIGHT OF 40 FEET. THAT PROHIBITIONS ON THE SERVICE STATION TYPE USE AND AUTO-RELATED USES. ON TRACT 108 THE ZONING AND PLANNING COMMISSION APPLIED LR SITE DEVELOPMENT REGULATIONS TO THIS TRACT. SO THERE WOULD BE SOME ADDITIONAL SETBACKS IN SLAUGHTER LANE AND BRODY LANE. ALSO THE DENSITY LIMITATION WOULD BE LIMITED TO AN MS 3 DENSITY ON THIS TRACT. THERE IS A 100 FOOT BUFFER THAT'S ALSO APPLIED TO THIS PROPERTY. ALTHOUGH IT'S A VERY SMALL PORTION FROM THE MULL BURN DEVELOPMENT THAT'S FURTHER TO THE WEST -- MILL BURN DEVELOPMENT THAT'S FURTHER TO THE WEST AT THIS POINT, AT THE EXTREME WESTERN END THAT WOULD BE A PROHIBITION OF BUILDINGS AND PARKING AND THOSE TYPES OF THINGS. THE NEXT TRACT IS TRACT 109. TRACT 109 IS KNOWN BY MANY RESIDENTS WITHIN THE CIRCLE C AREA AS THE GREEN BELT TRACT ALTHOUGH IT'S NOT DESIGNATED A GREEN BELT TRACT BY EASEMENT. THIS TRACT IS BEHIND HIKER ELEMENTARY AND THE DAY CARE AND EXTENDS BACK INTO THE NEIGHBORHOOD. THIS IS PROPOSED FOR RR ZONING. THERE'S REALLY NO DEVELOPMENT THAT'S PROPOSED ON THIS AND IT'S ALSO RECOMMENDED BY THE ZONING AND PLANNING COMMISSION. TRACT 110, THIS IS THE LARGEST OF ALL THESE PROPERTIES, AND IT'S ABOUT A 246 ACRE TRACT THAT RUNS ALONG MOPAC AND CURVES BACK AROUND HIGHWAY 45. THIS TRACT, THE ZONING AND PLANNING COMMISSION HAD SOME PRETTY DETAILED RECOMMENDATIONS AND SO LET ME WALK YOU THROUGH EACH PART OF THIS. ON TRACT 110 THEY IDENTIFIED THREE TRACTS WITHIN THIS TRACT. A TRACT A, WHICH PRETTY MUCH, IF YOU TOOK A LINE AND WENT DIRECTLY EAST OF THE SOUTHERN BOUNDARY OF HIKER ELEMENTARY AND WENT ACROSS HERE TO NORTH OF, THAT IS TRACT A. TRACT B TAKES UP THE MAJORITY OF PROPERTY AND COMES DOWN TO A POINT ABOUT 2,000 FEET AWAY FROM ES CARTMENT BOULEVARD AND THAT DIFFERENCE BETWEEN THE 2,000 AND THE BOULEVARD THAT THE CITY WILL ACTUALLY CONSTRUCT IN MARCH OR APRIL OF NEXT YEAR IS TRACT C. WITHIN TRACT A, TRACT A'S MADE UP OF TWO PLATTED LOTS AND THESE ARE THE ONLY TWO PLATTED LOTS THAT ARE PART OF ALL THESE CITY CASES. THERE'S LOT 1 AND LOT 2. LOT 2 IS DIRECTLY ACROSS FROM HIKER ELEMENTARY AND THIS IS LOCATED AT THE CORNER OF DALRIN AND LACROSSE. ON THIS TRACT THE COMMISSION MADE A RECOMMENDATION TO LIMIT THE BUILDING HEIGHT ON THIS TRACT TO 35 FEET. THERE'S NO ACCESS TO DALGREN, THAT THERE BE A BUFFER THAT APPEAR IN PARKING AND BUILDINGS EXCEPT FOR SOME WALLS, FENCES, TRAILS, UTILITIES, REIRRIGATION FACILITIES WITHIN 50 FEET OF DALGREN AND 75 FEET OFF LACROSSE. ALSO THAT THE PARKING IS REQUIRED TO BE LOCATED BEHIND THE STRUCTURE EXCEPT FOR THE MINIMAL AMOUNT NECESSARY FOR VISITOR DROP-OFF AND HANDICAP ACCESSIBILITY. IN ADDITION ON LOT 1 WHICH IS RIGHT NEXT DOOR AND THIS WOULD BE AT THE CORNER OF LACROSSE AND MOPAC, HEIGHTS WOULD BE ALLOWED TO INCREASE UP TO 40 FEET. HOWEVER THIS WOULD BE PROHIBITED FOR MANY MULTIFAMILY, AUTO WASHING REPAIR, AUTO SALES, SERVICE STATION, DRIVE-IN RESTAURANTS OR FAST FOOD RESTAURANTS ARE PROHIBITED, DROP-OFF RECYCLING. ALSO WOULD PROHIBIT BUILDINGS AND PARKING WITHIN A CERTAIN BUFFER AREA, WITHIN 25 FEET OF LACROSSE BUT IF THE PROPERTY'S ACTUALLY DEVELOPED WITH A COMMERCIAL USE, THEN THERE WILL BE NO BUILDINGS WITHIN 50 FEET OR PARKING WITHIN 25 FEET OF LACROSSE AVENUE. WE JUMP OVER TO TRACT B NOW. TRACT B IS THE LARGEST OF THESE TRACTS. AND TRACT B THERE ARE SIGNIFICANT SETBACKS THAT ARE ACTUALLY PROPOSED ALONG THIS TRACT. RUNNING ALONG THE WESTERN PORTION ADJACENT TO THE SINGLE FAMILY HOMES AND GOING DOWN DALGREN, AGAIN NO ACCESS IS PROPOSED ON DALGREN. IN FACT ALL THESE TRACTS, EVEN THOUGH THEY MAY BE PROPOSED FOR GRU ON PART A, CSMU ON TRACT B AND ON C THERE'S NO MULTIFAMILY PROPOSED ON ANY OF THESE PROPERTIES. THE SETBACKS WOULD BE A 200 FOOT PARKING SETBACK FROM THE PROPERTY LINE, A HOLDING POND IN ADDITION TO TRACT B. PARKING COULD BE LOCATED BETWEEN 200 AND 250 FEET AWAY FROM THESE LOTS. HOWEVER THERE HAD TO BE SOME ADDITIONAL SCREENING OF THE BERM AND THE LANDSCAPING IN EXCESS OF THE CITY STANDARDS, BUT THERE ARE NO BUILDINGS -- WELL BEYOND 250 FEET BUILDINGS COULD ATTAIN A MAXIMUM HEIGHT OF 45 FEET AND THEN 375 FEET, BUILDINGS COULD ATTAIN A HEIGHT OF 60 FEET. THERE ARE SEPARATE AGREEMENTS THAT HAVE ACTUALLY BEEN MADE BETWEEN THE CIRCLE C HOMEOWNERS ASSOCIATION AND STRATUS THAT REGARD THE ORIENTATION OF BUILDINGS, AND ALTHOUGH THOSE DESCRIPTIONS WERE PRESENTED TO THE ZONING AND PLATTING CONDITION, THEY DON'T REALLY HAVE ANY STANDARDS IN OUR CODE THAT SPEAKS TO ORIENTATION OF BUILDINGS BEING PERPENDICULAR OR NOT TO RESIDENTIAL STRUCTURES. SO IN THE MOTION THE COMMISSION MADE, IF YOU LOOKgPn AT IT, IT SPEAKS TO ALMOST DUPLICATION OF 45 FOOT HEIGHT LIMITATIONS AND DUPLICATES 65 FOOT LIMITATIONS AND WITH THE COMMISSION IT SIMPLY DOESN'T MEET THE ORIENTATION LIMITATIONS THAT WERE PART OF THAT. ON TRACT C THIS IS THE AREA THAT'S DEFINED BETWEEN HE IS CARPMENT AND EAST OF HE IS CARPMENT. THIS WOULD BE TO LR SITE DEVELOPMENT REGULATIONS AND WOULD PROVIDE BUFFERING FROM PARKING WITHIN 100 FEET OF PLATTED LOT. THERE'S NO ACCESS TO DALGREN. IT WAS RECOMMENDED THAT THE EXTENSION ITSELF, APPROVED BY TxDOT, THAT INTERNAL DRIVERS BE PERMITTED TO CROSS THE DRAINAGE AREA ALONG THE SOUTH PROPER LINE -- OH, THIS IS LOT 1. TO BRING ACCESS TO TRACTS 1 AND 2 IN TRACT B. AND THERE'S -- EVEN THOUGH THEY HAVE PROHIBITED ACCESS TO DALGREN LANE, THE APPROVAL OF THE WOULD NOT PREVENT AN INTERNAL PRIVATE BRIDGE TO GET FROM TRACT A TO TRACT B OVER THIS AT THIS LOCATION. TRACTS 111 AND 112 AND TRACT 113 I WILL NOT MENTION IN THAT WILL BE A HEARING POSTPONED UNTIL JULY 18th. ON TRACTS 111 AND 112, THESE TRACTS ARE ADJACENT TO THE WILD FLOWER CENTER AND ARE PROPOSED FOR RR ZONING. THERE'S ALSO A PROVISION THAT THEY WOULD NOT HAVE CERTAIN WATER QUALITY FACILITIES IN THESE AREAS, AND THAT MAY RUN CONTRARY TO THE ENVIRONMENTAL BOARD'S RECOMMENDATION THAT MAY ALLOW FOR THE SOMEWHAT RETENTION OF WATER QUALITY FACILITIES. THE LAST TRACT I'LL SPEAK TO IS TRACT 114 AND THIS IS ACROSS FROM BUBBA'S CONVENIENCE STORE AT 1826 HIGHWAY 45, ACROSS FROM BARE LAKE POND. THIS IS PROPOSED FOR GR ZONING. IT WOULD PROVIDE FOR A 100 FOOT BUFFER AGAIN. IF THAT BUFFER IS LOCATED IN THIS AREA, AND IT CAUSES A PROBLEM FOR STORM WATER RETENTION, WATER QUALITY STAFF AGAIN WOULD ASK, SINCE IT RUNS CONTRARY TO THE WATER BOARD LIMITATIONS, THAT BE LIFTED SO WE COULD PUT THESE FACILITIES IN IF IT WAS NECESSARY. THIS IS ALSO THE OTHER TRACT THAT'S ALLOWED FOR SINGLE GAS STATION USE ON THIS TRACT, AND AGAIN THERE WOULD ONLY BE ONE GAS STATION AS RECOMMENDED BY THE ZONING AND PLATTING COMMISSION AND THAT WOULD EITHER BE ON 106 OR 114. LET ME CLOSE BY TELLING YOU ABOUT A COUPLE OF OTHER GENERAL RESTRICTIONS THAT APPLY TO SOME OF THE RETAIL. ON ALL THESE TRACTS THAT I HAVE SPOKEN OF THIS EVENING THAT WE'RE HOLDING THE PUBLIC HEARING FOR, THE RETAIL USES ARE LIMITED, A SINGLE TENANT IS LIMITED TO A MAXIMUM OF 35,000 SQUARE FEET. THIS IS SOMETHING THAT YOU PROBABLY WOULD NOT NORMALLY FIND WITHIN THE CITY OF AUSTIN, AND THE IDEA BEHIND THIS IS TO LIMIT THE SIZE OF THESE SINGLE TENANTS SO YOU ARE NOT DRAWING A LARGER SINGLE RETAIL USE. SO YOU WOULD BE DRAWING PEOPLE COMING FROM ALL OVER AUSTIN TO USE, LIKE, A WAL-MART OR A SAM'S OR SOME LARGE BIG BOX TYPE USE. THESE RECOMMENDATIONS WERE ALL MADE BY THE ZONING AND PLATTING COMMISSION, AND I'M HERE IF YOU HAVE ANY QUESTIONS AT THIS TIME. THERE WAS A LOT OF INPUT THAT WAS GIVEN AT A LOT OF THESE HEARINGS FROM NEIGHBORHOOD GROUPS AND ENVIRONMENTAL GROUPS HAVE TAKEN EXCEPTION TO THE PROPOSED ZONING. THAT'S BEEN PROPOSED. AND TO THE RECOMMENDATION OF ZONING AND PLATTING CONDITION WE HAVE HAD SOME HOMEOWNERS ASSOCIATIONS ACTUALLY SUPPORT THESE. THERE ARE SOME ISSUES ABOUT THE ROADWAY EXTENSIONS OF ESCARPMENT BOULEVARD AND BECKETT THAT HAVE BEEN MADE PART OF A ZONING DISCUSSION BUT REALLY THOSE TWO ROADWAY EXTENSIONS ARE MARCH OF THE ROADWAY PLAN. THERE'S A LOT OF CONCERN ALSO ABOUT THE LONGHORN PIPELINE THAT RUNS ALONG NORTHERN SIDE OF 106 AND 103. I KNOW THE CITY'S ACTIVELY TRYING TO PREVENT THE DIFFERENT TYPES OF GASOLINE RUNNING THROUGH THERE, BUT THE ZONING CASE CANNOT STOP WHAT GOES IN THAT PIPE OR CHANGE THE REQUIREMENTS IN THE STATE LAW MADE BY THE COURTS AS FAR AS THIS PROCESS. IF YOU HAVE ANY QUESTIONS, I'LL BE MORE THAN HAPPY TO ANSWER THEM THIS TIME.

Mayor Garcia: COUNCILMEMBER ALVAREZ.

Councilmember Avarez: YOU MENTIONED A LOT OF THE STEPS, AGREEMENTS THAT THE APPLICANT HAS MADE TO IMPROVE COMPATIBILITY AND SETBACKS AND ALL SUCH THINGS. BUT YOU ALSO MENTION, I THOUGHT YOU HEARD YOU REFERENCES VARIANCES, TOO. HOW MANY OF THOSE DO WE HAVE IN TERMS OF SOME OF THE LAND DEVELOPMENT CODE REQUIREMENTS?

SOME OF THE VARIANCES, MOST OF THOSE ARE ADDRESSED IN THE BEAR LAKE, AND IF YOU GO BACK TO THE HANDOUT I MENTIONED EARLIER, THAT COVERS MOST OF THE VARIANCES THAT ARE ENVISIONED WITH THAT ACTUAL DEVELOPMENT.

Councilmember Avarez: I'M FAMILIAR WITH THOSE.

THERE MAY BE OTHER ONE THAT WAS DISCUSSED. I'M NOT SURE HOW THAT WAS FINALIZED IN THE ACTUAL TERMS SHEET THAT DEALT WITH CROSSING THE CREEK BETWEEN TRACTS A AND TRACTS B, AND I DON'T THINK CAME OF THAT.

Councilmember Avarez: THAT'S IN TRACT 110?

THAT'S IN TRACT 110. THE PROPERTY OWNERS AGREED TO COMPLY WITH ALL THE LANDSCAPING REQUIREMENTS THE CITY OF AUSTIN HAS, HAS EXCEEDED THE COMPATIBILITY OF HEIGHT AND SETBACK REQUIREMENTS TO A GREAT DEGREE, HAD -- I'VE BEEN MADE AWARE OF, BUT I HAVE NOT SEEN THE INDIVIDUAL AGREEMENTS THAT HAVE BEEN MADE WITH CERTAIN HOMEOWNER ASSOCIATION, BUT I KNOW THAT THEY HAVE AGREEMENTS WITH THE CIRCLE C HOMEOWNERS ASSOCIATION, I DON'T KNOW IF THEY HAVE BEEN EXECUTED ABOUT THE ACTUAL DESIGN OF THE STRUCTURES, ABOUT THE TYPES OF MATERIALS USED ON THE EXTERIOR OF THE BUILDINGS AND POSSIBLY EVEN COLORS.

OKAY. THANKS.

Mayor Garcia: OTHER QUESTIONS FOR MR. DARCY?

AT THIS TIME I'D LIKE TO TURN IT OVER TO MR. STEVE DRENNER GARS.

Mayor Garcia: I RECOGNIZED HIM AS AN APPLICANT. LET ME JUST PLAIN THE PROCESS THAT WE WILL FOLLOW. -- LET ME JUST EXPLAIN THE PROCESS THAT WE WILL FOLLOW AS FOLLOWS. WE HAVE HEARD STAFF PRESENTATION ON SETTLEMENT AGREEMENT, WE HAVE HAD THE STAFF PRESENTATION ON ALL THE TRACTS THAT WERE DISCUSSED BY MR. GARCY. NOW WE'RE GOING TO HAVE A PRESENTATION BY THE APPLICANT ON THE BEAR LAKE PUBLIC. MR. DRENNER IS GOING TO PRESENT THAT. A LOT OF PEOPLE SIGNED UP AND GAVE TIME TO YOU. UNDER THE RULES OF THE COUNCIL YOU ARE ALLOWED TO HAVE 15 MINUTES TOTAL. YOU HAVE 600 PEOPLE SIGNING AND GIVING TO YOU. SO YOU HAVE 15 MINUTES TO MAKE THE PRESENTATION. I'M GOING TO ASK THE PEOPLE THAT ARE SIT INNING THE FRONT ROW ON THIS SIDE IF YOU COULD MOVE TO THE BACK ROW BECAUSE ONCE I START CALLING PEOPLE TO SPEAK, I WOULD LIKE FOR THEM TO COME AND SIT HERE SO THAT THEY CAN MOVE UP TO SPEAK QUICKLY. AND AS YOU FINISH SPEAKING, IF YOU COULD MOVE BACK TO THE BACK AND ALLOW THOSE PEOPLE IN THE FRONT TO BE LEFT FOR THE PEOPLE THAT ARE GOING TO BE CALLED TO SPEAK. WE PROBABLY HAVE SOMEWHERE IN THE NEIGHBORHOOD OF 300 SPEAKERS OR SO. SO NOT ALL OF THEM WILL BE SPEAKING ACTUALLY. WE HAVE 300 SIGNED UP MORE OR LESS, BUT WE'LL BE CALLING THEM, YOU KNOW, AND MAKING NOTES OF WHETHER THEY ARE GOING TO SPEAK OR NOT. MR. DRENNER, WELCOME, SIR.

THANK YOU, MAYOR, MAYOR PRO TEM. I'M SPEAKING ON BEHALF OF STRATUS PROPERTIES. MAYOR, LET ME ASK, DO YOU WANT ME TO COVER BEAR LAKE P.U.D. AT THIS POINT?

Mayor Garcia: BEAR LAKE P.U.D..

HOPEFULLY IT WILL BE SHORT OF THE 15 MINUTES THEN. I THOUGHT GREG DID A BEAUTIFUL JOB OF DESCRIBING WHERE WE'VE BEEN ON THE BEAR LAKE P.U.D.. SOME OF YOU WILL REMEMBER THE HISTORY OF THIS TRACT. IT WAS THE SO-CALLED MOTOROLA TRACT FROM SEVERAL YEARS AGO WHEN MOTOROLA LOOKED AT MOVING THIS PART OF SOUTHWEST TRAVIS COUNTY, AND AFTER THAT STRATUS TOOK A NEW LOOK AT EVENTUAL USES FOR THAT TRACT AND DECIDED THAT THEY WERE WILLING TO MAKE THE CHANGE FROM LIGHT INDUSTRIAL ORIGINALLY PLANNED AND EVEN APPROVED A FINAL PLAT THAT WOULD HAVE ALLOWED 2 MILLION TO 3 MILLION SQUARE FEET OF LIGHT INDUSTRIAL TO A DEVELOPMENT THAT WOULD BE LIMITED TO 800 RESIDENTIAL UNITS. AS GREG MENTIONED, ORIGINALLY THERE WAS A COMPONENT OF THAT COULD BE MULTIFAMILY IN PART OF OUR NEGOTIATIONS WITH THE AFFECTED NEIGHBORS. THAT ELEMENT HAS COME OUT. THE ZONING CASE HAS ACTUALLY FILED IN APRIL OF LAST YEAR. SO WE'VE BEEN AT IT ON THE BEAR LAKE P.U.D. FOR OVER A YEAR. WE WERE APPROVED AT THE ZONING AND PLATTING IN JANUARY OF THIS YEAR. YOU'VE HAD IT ON YOUR AGENDA SEVERAL TIMES AS THE STAFF INDICATED IN A DESIRE TO PUT ALL THESE THINGS TOGETHER YOU'VE HAD A VARIETY OF THE ZONEMENTS FOR THE BEAR LAKE P.U.D. SO THAT WE COULD REACH A POINT WHERE YOU WOULD BE ABLE TO CONSIDER ALL 15 TRACTS. WE ARE OBVIOUSLY AT THAT POINT. THE MAJOR FOCUS OF THE CHANGES THAT HAVE OCCURRED SINCE ZAP, LET ME TELL YOU BRIEFLY THE ACCESS ON 1826 WAS PROBABLY THE LARGEST ISSUE. WE HAD ORIGINALLY PROPOSED THREE ACCESS POINTS ON 1826 WHEN WE WERE APPROVED AT ZAP, WE HAD TWO ACCESS POINTS ON 1826: MICHELLE'S GOING TO POINT TO THE CRESCENT AREA THAT GREG MENTIONED AS WELL. THAT WAS A TROUBLESOME AREA BECAUSE THERE'S A CREEK THAT RUNS IN A SEMI-CIRCLE THAT MEANS THAT YOU HAVE TO CROSS THE CREEK UNLESS YOU WANT TO ACCESS THE CRESCENT FROM 1826. AFTER OUR DISCUSSIONS WITH THE NEIGHBORHOOD, THE AFFECTED NEIGHBORHOODS ALL UP AND DOWN 1826, WE WENT BACK TO FISH AND GOT APPROVAL TO CROSS THAT CREEK. THE CITY STAFF HAS LOOKED AT THAT AS WELL AND THAT'S HOW WE WERE ABLE TO ELIMINATE THAT DRYWAY CUT ON 1826. SO THERE'S ONLY ONE ACCESS POINT ON 1826, AND THE MAJORITY OF THE ACCESS WILL OBVIOUSLY BE OFF OF SH 45. THE OTHER THINGS THAT WE DO AS A PART OF THAT DISCUSSION WAS WE LIMITED THE NUMBER OF UNITS IN THE CRESCENT TO 95. WE LIMITED THE HEIGHT OF THOSE UNITS TO TWO-STORY MAXIMUM. AND AS I MENTIONED EARLIER, WE ELIMINATED MULTIFAMILY WHICH ORIGINALLY HAD BEEN TARGETED FOR THAT CRESCENT AREA. THE BUFFERS, GREG ACCURATELY DESCRIBED THOSE. I THINK THOSE HAVE BEEN IMPORTANT TO THE FOLKS WHO LIVE UP AND DOWN 1826 SO THAT THAT AREA CAN RETAIN A RURAL CHARACTER, A RURAL FLAVOR. THE OTHER THING THAT CAME THROUGH THESE DISCUSSIONS WAS OUR AGREEMENT TO DONATE TO AISD AN ELEMENTARY SCHOOL SITE ON THIS TRACT. SO THE USES ON THIS SITE WILL BE A MAXIMUM OF 800 SINGLE FAMILY UNITS AND AN ELEMENTARY SCHOOL. THAT'S 536 ACRES, EASY MATH, 1.5 UNITS PER ACRE. IT IS S.O.S. COMPLIANT. IN FACT, IT IS FAR BEYOND S.O.S. COMPLIANT. THE TRACT WILL BE SUBJECT TO GREEN BUILDER STANDARDS THAT I THINK YOU'LL HEAR MORE BILLION LATER THAT ARE MOTT REQUIRED BY THE CODE. THERE ARE SETBACKS FROM CES THAT ARE WELL IN EXCESS OF CODE MAXIMUMS ON THIS TRACT, AND AS GREG MENTIONED THERE ARE SETBACKS FROM UNCLASSIFIED CREEKS WHICH THE ENVIRONMENTAL EXPERTS I THINK ARE INCREASINGLY POINTING TO AS IMPORTANT AND IN COMPLETE COMPLIANCE WITH OUR FISH AGREEMENT, CREEKS THAT DRAIN FIVE ACRES OR MORE WILL ALL RECEIVE THAT SETBACK PROTECTION. I AM PROUD REALLY OF THIS RESULT. WE'VE WORKED HARD, WE'VE WORKED TOGETHER OVER A PERIOD OF TIME. IT HASN'T BEEN EASY. FROM EITHER SIDE. BUT I THINK WE'VE -- WE FINALLY ACHIEVED A RESULT THAT WE CAN ALL BE PROUD OF AND THAT WE CAN ALL SUPPORT. I WOULD MENTION IN PARTICULAR THE THREE PEOPLE THAT HAVE WORKED TIRELESSLY THROUGH THIS PROCESS IN HELPING US IDENTIFY THE CONCERNS OF THE 1826 FOLKS AND HELPING US FIND SOLUTIONS, AND THAT WOULD BE MAYOR MARK BALM WITH THE VILLAGE OF BEAR CREEK AND JANIE WALL AND BRYAN DUDLEY AND WE ARE IN THEIR DEBT FOR THE AMOUNT OF TIME THAT THEY HAVE SPENT IN HELPING US FIND THIS SOLUTION. BE HAPPY TO ANSWER ANY QUESTIONS.

Mayor Garcia: INCREASE FOR MR. DRENNER? THANK YOU VERY MUCH. MAYOR MARK BALM, MR. MAYOR? LET ME CALL THE PEOPLE THAT ARE GOING TO BE SPEAKING. WELL, GO AHEAD BECAUSE I'M GOING TO DO SOMETHING ELSE AFTER YOU SPEAK.

OKAY.

Mayor Garcia: WELCOME, SIR. GOOD TO HAVE YOU HERE.

WELL, THANK YOU VERY MUCH FOR ALLOWING ME TO COME HERE TONIGHT. LET ME FIRST START BY THANKING YOU FOR GIVING ME THE OPPORTUNITY TO BE HERE. I'M A RESIDENCE OF HAYES COUNTY. OBVIOUSLY NOT FROM THE CITY OF AUSTIN. THE VILLAGE OF BEAR CREEK, AS YOU KNOW, SHARES A COMMON BORDER WITH THE CITY OF AUSTIN. THE PROPERTY OWNERS OF THE LAND THAT IS ON THE CITY OF AUSTIN OF OUR COMMON BORDER IS STRATUS PROPERTY AND THE LAND IN QUESTION IS BEAR LAKE P.U.D.. AS HAS BEEN STATED EARLIER, WE WERE IN ABSOLUTE OPPOSITION TO THE BEAR LAKE P.U.D. AS IT WAS PROVED BY THE CITY OF AUSTIN ZONING AND PLATTING COMMISSION. WE PROPOSED THIS PRIMARILY FOR TWO REASONS. ONE WAS TRAFFIC SAFETY AND THE OTHER WAS COMPATIBILITY WITH THE EXISTING RESIDENTIAL, LARGELY VERY RURAL, LARGE LOT, SMALL RANCHES AND PRIVATE HOMES. WE FELT THAT NEITHER OF THOSE ISSUES WERE ADDRESSED IN THE P.U.D. PLAN AS IT CAME OUT OF THE MEETING IN FEBRUARY OF THIS YEAR AND IN THE MONTH SINCE THAT TIME AS STEVE MENTIONED, WE'VE BEEN ABLE TO PARTICIPATE IN BOTH THE STAKE HOLDER MEETING PROCESS THAT WAS POSTED AND STARTED BY TOBY PETTRELL AND ALSO IN DIRECT MEETINGS WITH STRATUS PROPERTIES. LIKE STEVE, I'M PLEASED TO BE ABLE TO STAND BEFORE YOU THIS EVENING AND BACK THE PROPOSAL AS IT HAS BEEN DELIVERED TO YOU. BOTH OF OUR ISSUES OF PRIMARY CONCERN THAT I MENTIONED EARLIER HAVE BEEN RESOLVED AS HAVE MOST OF THE ISSUES THAT WE WOULD CONSIDER TO BE SECONDARY. THIS HAS ALL COME ABOUT AS PART OF A VERY LONG AND RATHER TIRING PROCESS. IN FACT IT'S EVEN ONGOING JUST THIS WEEK. WE EVEN SETTLED ON SOME SLIGHT MODIFICATIONS AND SOME WORDING RELATIVE TO THE BEAR LAKE P.U.D. THAT IS IN THE SETTLEMENT AGREEMENT THAT I HOPE IS EITHER IN THE PACKETS BEFORE YOU OR WILL BE DELIVERED TO YOU SHORTLY. IT'S BEEN A LONG PROCESS. WE DIDN'T GET WHAT WE ASKED FOR BUT I FEEL THE PROPOSAL THAT IS BEFORE YOU IS FAIR AND BALANCED AND DOES REPRESENT THE NEEDS OF OUR COMMUNITY. WHILE THE AGREEMENTS IS CONTROVERSIAL THAT IS EVIDENCED BY THE NUMBER OF PEOPLE THAT ARE WANTING TO SPEAK THIS EVENING, IT IS ALSO COMPLEX AND AS PART OF THAT COMPLEXITY, THE BEAR LAKE P.U.D. IS NOW NO LONGER JUST A STAND-ALONE ZONING CASE. IT'S ACTUALLY PART OF THE LARGER SETTLEMENT AGREEMENT. SOME OF THE TEXT IN THAT AGREEMENT DOES DIRECTLY RELATE TO THE P.U.D. AND THEREFORE THEY REALLY NEED TO BE CONSIDERED TOGETHER AS THE PACKAGE. AND I GUESS FINALLY I ASK THAT YOU LOOK UPON THE AGREEMENT BEFORE YOU AS A REASONABLE COMPROMISE BETWEEN THE NEEDS OF THE SURROUNDING COMMUNITY AND THE DESIRES OF THE DEVELOPER. THANK YOU VERY MUCH MARCH THANK YOU, MR. MAYOR. COME BACK. WHEN YOU'RE IN THE NEIGHBORHOOD. I WANT TO READ THE LIST OF PEOPLE WHO GAVE TIME TO MR. DRENNER, MICHELLE HOUSEMAN AND ALL THESE PEOPLE WHO ARE REGISTERED IN FAVOR OF. LORI SWAN, DEWIT GAIL, PETER GARDARA, A FORMER FOOTBALL PLAYER, LUKE ARANDA, NATALIE, REBECCA MORGAN, HAL HARRIS, TONY BARCELONA, VICY DAYLY, J. B. BROWN, SUMNER PICKERING, FAIRLY FAAS, STEVE HAY, MARSHALL RAMSEY, MER LEAN HOUSE, ASA LANDERS, MATT MOORE, JERRY YASUHARA, BELINDA WELLS, EMILY PUCKETT, MICHELLE ALLEN, BELINDA -- OH, I READ THAT. KATHLEEN ORNADA. THOSE ARE THE PEOPLE THAT DONATED TIME TO MR. DRENNER. NOW I'M GOING TO READ INTO THE RECORD THE DRIS OF -- THE LIST OF PEOPLE WITH THEIR COMMENTS THAT HAVE INDICATED THAT THEY DO NOT WISH TO SPEAK. JANIE WALL. REGISTERED IN FAVOR OF. ERIC OGERSHOCK, AGAINST. BEN LANE, IN FAVOR OF. JEAN I SORENSON, IN FAVOR OF. PHILIP SANGER, IN FAVOR OF. LEONARD RAY SAENZ, AGAINST. EARL W. HALL, IN FAVOR OF. MARY ROBINSON, AGAINST. KEN BLAKER, FOR. DAVID RICHARDSON, AGAINST. KELLY SMOOTH, AGAINST. JAMIE KEY, IN FAVOR OF. JAMIE GILLLY, IN FAVOR OF WITH REGRETS. ANDRE ELIC NFAVOR OF. RAY GILLEY, IN FAVOR OF. SCOTT JOHNSTON, AGAINST. DIANNE EMERT, AGAINST. DAVID EMERT, AGAINST. RYE ON GOLDEN, AGAINST. NICOLE GALLAS, AGAINST. JAMES AARON SELLERS, AGAINST. DONO ROJAS, FOR. NORA HANCOCK, AGAINST. ANN GALLOWAY, AGAINST. DORA BARKLEY, AGAINST. TIANEN PATELLI, AGAINST. TED APPLEWHITE, AGAINST. WILLIAM SPAWN, AGAINST. JENNIFER SPAWN, AGAINST. FARRAHBLOOM QUIST, KELLY KOMEZ, AGAINST. ELEANOR MADDEN, AGAINST. CHRISTIAN SCIANO, AGAINST. AND SOME OF YOU GAVE THE TIME TO MR. BUNCH WHO WILL ALSO GET 15 MINUTES TIME TO MAKE HIS PRESENTATION. HOFFMAN, AGAINST. CHRIS GULEY, AGAINST. JIM ERSON, AGAINST. MELISSA GOODRICH, AGAINST. PATRICIA CURTIS, AGAINST. RAY GOODRICH, AGAINST. LINDA McDANIEL, AGAINST. SUE DUNCAN, AGAINST. SELMER, AGAINST. ALISH A SARAPIGLIA, AGAINST. CINDY BURNS, NEUTRAL. ANYTHING STRATUS DEVELOPS OUT THERE IS A BAD DEAL FOR THE CURRENT RESIDENTS. I'M JUST READING WHAT THEY WROTE. RONI R. GILES, AGAINST. JESSICA FLARE, FOR. KIM BLAKER, FOR. STEVE BEERS. HE WANTS TO SPEAK. ELIZABETH MARTINEZ, AGAINST. THOSE ARE THE PEOPLE THAT HAVE SIGNED UP NOT WISHING TO SPEAK. OKAY. IF THE PEOPLE THAT ARE SITTING IN THIS FRONT ROW, IF YOU COULD FIND SEATS SOMEWHERE ELSE, I'M GOING TO BE CALLING SIX PEOPLE THAT NEED TO COME AND SIT. HOW MANY CHAIRS ARE THERE? SIX OR EIGHT? IN THAT FRONT ROW? SEVEN? OKAY. I'M GOING TO CALL SEVEN PEOPLE. I'M GOING TO PULL OUT SEVEN CARDS, AND IF YOU COULD COME AND SIT IN THIS FRONT ROW, THEN YOU CAN COME UP AND SPEAK. BECKY MORRIS, ROBERT SINGLETON, KEVIN ODWRE, ROBERT RUNIG, RAY OMAR, FONTAINE MAV RICK, AND MARY ARNOLD. BECKY MORRIS, IS SHE HERE? IS BECKY MORRIS HERE? IF SOMEBODY COULD TELL MS. MORRIS THAT SHE IS BEING CALLED AND WILL BE SPEAKING. ROBERT SINGLETON. YEAH, AFTER YOU SPEAK, YOU NEED TO LEAVE SO THAT OTHER PEOPLE CAN SIT THERE.

AT THE VERY LAST MOMENT I GOT A NOTE SAYING THAT I HAVE SOME ARE A EXTRA TIME. BILL BUNCH SAID THAT I HAD HIS TIME ON ZONING AND ALSO THAT I HAVE TIME ON ZONING FROM TRISHA J., NEEN A, BONY AND MI KALE A THOMAS. I ASSURE YOU I DON'T WANT TO USE 15 MINUTES BUT YOU SHOULD HAVE CARDS FOR SOME EXTRA TIME. I'LL JUST USE IT TO TALK SLOWER THAN WHAT I WOULD HAVE. IN ONE WAY I DIDN'T WANT THE EXTRA TIME BECAUSE ONE OF THE THINGS I WANTED TO START WITH WAS THE OBSERVATION THAT TWELVE ZONING CASES IN THREE MINUTES FIGURES OUT TO 15 SECONDS PER CASE BUT I'LL MAKE IT ON BEHALF OF OTHER PEOPLE. AND I GUESS YOU'LL HAVE TO UNDERSTAND IF PEOPLE ARE UNWILLING TO GO TRACT BY TRACT IN, IN THAT LITTLE TIME. MY FIRST QUESTION IS WHY ARE YOU DOING THE ZONING FIRST. WOULDN'T IT MAKE MORE SENSE TO HAMMER OUT ALL OF THE DETAILS OF THE AGREEMENT AND THEN TALK ABOUT CHANGING THE ZONING? YOU ARE NOT GOING TO WANT TO CHANGE THIS ZONING TO THESE SPECIFIC CATEGORIES. IF THE DEAL FALLS THROUGH, ARE YOU? AND DOESN'T IT SEEM TO LOCK YOU IN?

Mayor Garcia: WE WILL DO THE SETTLEMENT AGREEMENT. WHEN WE GET TO THAT, WE WILL DO THAT FIRST.

LET'S SEE. LET'S TALK ABOUT A COUPLE OF SPECIFIC TRACTS, THOUGH. TRACT -- CASE NUMBER Z-11 IS GOING FROM IRR, INTERIM RURAL RESIDENTIAL, TO CS-MU, GENERAL COMMERCIAL SERVICES, MIXED USE. WHAT ABOUT THIS TRACT MAKES THIS THE APPROPRIATE ZONING OTHER THAN THE FACT THAT STRATUS WANTS IT THAT WAY? IT MIGHT BE ARGUABLY NO LONGER QUITE AS RURAL, BUT WHY THE SWITCH FROM RESIDENTIAL TO COMMERCIAL? IN OTHER WORDS, THIS IS AB RO GAITING COUNSEL'S FUNCTION TO TRY TO DETERMINE WHAT THE BEST USE OF A PIECE OF LAND IS. WHAT YOU ARE DOING IS YOU ARE REACTING TO THE APPLICANT. YOU ARE NOT LOOKING AT A PIECE OF PROPERTY AND DECIDING, WELL, BASED ON SITE CONSTRAINTS OR THINGS THAT ARE NEARBY, IS THIS THE MOST APPROPRIATE ZONING. I MIGHT JUST NOTE IN PASSING I'VE TOLD YOU BEFORE MY OPINION ABOUT COMPATIBILITY ARGUMENTS. I ENVISION IT SORT OF LIKE SOMEBODY GROWING A SKUNK THROUGH YOUR FRONT WINDOW AND THEN THE NEXT DAY THEY COME AND THROW A SKUNK THROUGH YOUR BACK WINDOW AND SAY, BUT IT MATCHES THE ONE YOU'VE GOT. IF THE SKUNK WAS A BAD IDEA IN THE FIRST PLACE, IT'S A BAD IDEA JUST BECAUSE IT MATCHES THE ONE YOU'VE GOT. [ APPLAUSE ]

Mayor Garcia: LET ME SAY THAT THE MORE YOU APPLAUD, THE LESS TIME MR. SINGLETON HAS TO SPEAK.

THE MORE YOU'LL ENCOURAGE ME TO. SO DON'T. NOW CASE Z-13 IS GOING FROM IRR TO RR. SO OBVIOUSLY SOMETIMES RURAL RESIDENTIAL IS THE APPROPRIATE ZONING FOR A PIECE OF LAND IN THIS AREA. SO THAT LEADS TO MY SUGGESTION, AND IT MAY BE A LITTLE BIT ON THE RISKY SIDE BUT I WOULD ENCOURAGE THAT YOU DO IT ANYWAY. WHY DON'T YOU CHANGE ALL THE TRACTS TO PERMANENT RR AND THEN SEE WHAT STRATUS CAN DO WITH THEM. DOESN'T REMOVE ALL VALUE FROM THE PROPERTY. SO IT'S GOING TO BE A VERY IFY TAKINGS CASE IF THEY DECIDE TO PRESS THE CASE AT ALL. HOW DO YOU KNOW WHAT THEY ARE GOING TO DO UNLESS YOU TRY THIS? ZONING IS A DISCRETIONARY FUNCTION, AND THE COURTS HAVE HELD THAT YOU HAVE BROAD LATITUDE TO ZONE AS YOU SEE FIT. NOTHING THE LEGISLATURE DOES CAN REZONE THIS FOR STRATUS.

Mayor Garcia: HOLD IT JUST A SECOND, ROBERT. PUT TWELVE MORE MINUTES ON. MR. SINGLETON HAS MORE THAN FIVE PEOPLE THAT DONATED TIME TO HIM. YOU GET A MAXIMUM OF FIFTEEN MINUTES. SO YOU'VE USED UP THREE. YOU'VE GOT TWELVE MORE.

GOT ANOTHER THREE? NOTHING THAT THE LEGISLATURE DOES IS GOING TO GIVE THE ZONING THE FREE PORTS ON THIS. YOU ARE THE ONLY ONE THAT CAN GIVE THEM THAT. SAME WAY THAT YOU ARE THE ONLY ONES THAT CAN GIVE THEM SEWER SERVICE, TOO. WHAT'S THE ALLOWABLE DENSITY UNDER RURAL RESIDENTIAL, AND HAS FREEPORT EVER EVEN -- OR EXCUSE ME. I KEEP CALLING IT FREEPORT. LET'S CLEAR THAT UP. LET'S TALK -- I WAS GOING TO TALK ABOUT THIS IN THE DEAL BUT LET'S JUST CALL IT FREEPORT FOR A MINUTE. EVERYBODY KNOWS THAT FREEPORT OPERATING COMPANY'S CHANGED ITS NAME TO STRATUS PROPERTIES. IT DOESN'T CHANGE THE NATURE OF THE BEAST. I DON'T CARE IF THEY START CALLING THEMSELVES FUZZY BUNNY REALTY, THEY ARE STILL THE SAME OLD FREEPORT McMA RAND. THEY ARE RESPONSIBLE FOR THEIR DIRTY DEEDS OF THE COMPANY ALL AROUND THE WORLD. EVERYBODY KNOWS IT WAS THE SAME COMPANY. BO ARMSTRONG WAS AN OFFICER IN BOTH COMPANIES. I'VE RUN INTO ANY NUMBER OF PEOPLE THAT HAD NO IDEA THAT STRATUS USED TO BE FREEPORT McMA RAND OPERATING COMPANY.gO? APPARENTLY AS A PUBLIC RELATIONS EMPLOY IT'S WORKED, AND THIS IS NOT ATYPICAL OF THIS COMPANY. IF YOU REMEMBER POD 9 FROM THEIR BARTON CREEK PLAN? IT'S GOING TO GO RIGHT THROUGH THE WAY. THEY ARE MASTERS OF PUBLIC RELATIONS. THEY WILL DO ANYTHING TO TRY TO GIVE THEMSELVES A BETTER PUBLIC IMAGE BUT IT DOESN'T WORK BECAUSE WE ALL REMEMBER THE LEGISLATOR, WE ALL REMEMBER JIM BOB MOFFETT STANDING IN FRONT OF THE CAMERA WHEN THEY INTERVIEWED HIM ON CHANNEL 7 AND SAYING, IF AUSTIN PASSES THE S.O.S. ORDINANCE I WILL BANKRUPT THE CITY. AND STRATUS INHERITS THAT BAGGAGE. WHERE WAS I?

[ APPLAUSE ]

I'VE GOT A QUESTION ABOUT THE TIMETABLE ON THIS. I KNOW THAT PEOPLE HAVE BEEN WORKING LARGELY IN SEEK RECEIPT FOR THE LAST TWO YEARS BUT THERE ARE SOME OF US WHO HAVE ONLY RECENTLY COME ON BOARD. WHY THE DEADLINES THAT ARE IN THIS NOW OTHER THAN THE FACT AGAIN THAT FREEPORT SAID -- EXCUSE ME, STRATUS SAID THIS IS THE WAY WE WANT IT? WHY CAN'T YOU TAKE MORE TIME TO DO THIS? RIGHT NOW YOU ARE HAVING A PUBLIC HEARING WITHOUT THE PUBLIC. YOU GAVE STAFF PRESENTATIONS WITH A NUMBER OF VERY HIGH-TECH GADGETS INCLUDING LASER POINTERS THAT MOST OF THE PEOPLE OUT IN THE LOBBY COULDN'T SEE. MY QUESTION IS, WHY DIDN'T YOU AT LEAST HAVE THE DECENCY TO PUT THIS HEARING OFF UNTIL YOU CAN FIND A LARGER ROOM THAT'S GOING TO ACCOMMODATE THE PUBLIC? RIGHT NOW YOU HAVE EFFECTIVELY --

[APPLAUSE]

THERE ARE PEOPLE RIGHT NOW, ME INCLUDED, WHO HAVEN'T BEEN ABLE TO GO TO THE BATHROOM BECAUSE WE'VE BEEN TOLD IF WE LEAVE WE CAN'T GET BACK IN. AND, YOU KNOW, JUST LITTLE THINGS LIKE THAT SEEM TO ME THAT IT DOESN'T MUCH MATTER WHAT WE NEED OR WANT. STRATUS, FREEPORT, WHATEVER THEY ARE CALLED, IS CALLING ALL OF THE SHOTS HERE. AND I JUST WANT TO SAY IN CLOSING, KIND OF UNUSUAL, ALL BUT ONE OF THESE CASES ARE INITIATED BY THE CITY AND THE CITY IS THE APPLICANT. SO I'VE JUST GOT A RHETORICAL QUESTION TO ASK AT THE END. IF THE CITY IS THE APPLICANT IN THIS CASE, DON'T YOU THINK THAT ANYBODY WHO DRAWS A CITY PAYCHECK OUGHT TO REACCUSE THEMSELVES FROM VOTING ON THIS ISSUE? THANK YOU. [ APPLAUSE ]

Mayor Garcia: BECKY MORRIS, IS SHE HERE? OKAY. KEVIN ODUIRE.

MAYOR GARCIA AND MEMBERS OF THE COUNCIL, THANK YOU FOR LETTING ME ADDRESS YOU HERE THIS EVENING. I SPEAK IN OPPOSITION TO THE STRATUS LAND DEAL BECAUSE IT DENIES HOW SANDS OF CITIZENS OF AUSTIN THE FUNDAMENTAL RIGHT TO BE HEARD IN LOCAL GOVERNMENT. MY NEIGHBORS AND I DO NOT DENY THAT STRATUS HAS A RIGHT TO DEVELOP ITS LAND. WE SIMPLY ASK FOR AN EQUAL VOICE IN THE DEAL. THE DEAL BEGAN TWO YEARS AGO AND DID NOT INVOLVE MY NEIGHBORHOOD ASSOCIATION UNTIL SIX WEEKS PRIOR TO TONIGHT. OTHER NEIGHBORHOOD ASSOCIATIONS ARE ALSO STRONGLY OPPOSED. ANY REPRESENTATION THAT THIS DEAL HAS HAD SUFFICIENT INPUT FROM ALL RESPECTIVE CITIZENS OR IS WIDELY ACCEPTED IS FALSE. FOLLOWING THAT I WOULD LIKE TO QUOTE A FEW LINES FROM YOUR OWN COUNCILMEMBER OFFICIAL HOME PAGES. FROM COUNCILMAN SLUSHER'S PAGE WE READ THAT HE LED, QUOTE, A SUCCESSFUL PUSH TO BRING INTO OPEN DISCUSSION CRITICAL INFORMATION WHICH WAS ONCE KEPT SEEK RECEIPT IN COUNCIL EXECUTIVE SESSIONS, UNQUOTE. ON COUNCILMAN WYNN'S PAGE WE SEE THAT, QUOTE, WE OUGHT TO LET THE VOTERS HAVE THEIR SAY, UNQUOTE. FROM COUNCILMAN THOMAS' PAGE WE SEE HIS MAIN THEME. TO, QUOTE, RESTORE THE VOICE OF THE PEOPLE, UNQUOTE. FINALLY FROM MAYOR GARCIA'S CHANGE, WE SEE THAT HE WANTS TO BE BUILDING, "A PROCESS THAT ENSURES NEIGHBORHOODS HAVE A VOICE IN WHAT AFFECTS THEM." APPLAUSE ACT ON THESE PRINCIPLES OF OPENNESS AND FAIRNESS YOU HAVE ESPOUSED. THESE REMAND THIS AGREEMENT FOR MORE EQUITABLE NEGOTIATIONS THAT INVOLVE ALL AFFECTED NEIGHBORHOOD GROUPS. WHAT HARM IS THERE IN TAKING MORE TIME IN TRYING TO BE MORE INCLUSIVE. DO NOT ALLOW FATIGUE, NOR SLICK PRESENTATIONS TO WEAR YOU DOWN. LAST, PLEASE REMEMBER THAT SHOULD YOU APPROVE THIS DEAL AS IT STANDS, WE, THE VOTERS FROM SILENCED NEIGHBORHOODS, WILL EVENTUALLY BE HEARD AT THE POLLS. WE'LL REMEMBER HOW MUCH INPUT WE HAD IN DECISIONS THAT AFFECT THE SAFETY AND QUALITY OF LIFE IN OUR NEIGHBORHOODS AND WE WILL VOTE ACCORDINGLY. WITH THAT I SAY AGAIN THANK YOU AGAIN FOR THE CHANCE TO SPEAK. I BID YOU PEACE AND I HOPE AND PRAY THAT YOU GOVERN OUR CITY WISELY. THANK YOU. [ APPLAUSE ]

MAYOR, I'VE GOT A QUESTION.

Mayor Garcia: COUNCILMEMBER SLUSHER.

Slusher: I'VE GOT A QUESTION. YOU REPRESENT THE VILLAGE OF WESTERN OAKS?

I DO NOT REPRESENT THEM, SIR.

BUT THAT IS YOUR NEIGHBORHOOD?

BUT THAT IS MY NEIGHBORHOOD ASSOCIATION, SIR.

Slusher: BECAUSE -- I'M ALWAYS HAPPY. THE MORE PEOPLE THAT GET BEHIND PROTECTING THE AQUIFER IN BARTON SPRINGS, I'M ALWAYS HAPPY TO SEE NEW PEOPLE GET INVOLVED, BUT I KNOW THAT Y'ALL'S POSITION AT LEAST IN SOME STATEMENTS YOU'VE SENT OUT THAT THERE SHOULD BE NO DEVELOPMENT ON THESE TRACTS, AND ACTUALLY I WOULD -- THAT'S WHAT I WOULD LIKE TO SEE AS WELL, BUT SINCE STRATUS OWNS AND THE CITY IS IN A SERIOUS FINANCIAL CRUNCH, I THINK WE BOTH REALIZE THAT'S PROBABLY NOT GOING TO HAPPEN. BUT THEY ARE OFFERING TO BUILD AT THE LEVELS IN THE S.O.S. ORDINANCE. NOW, THE VILLAGE OF WESTERN OERKS -- AND THAT'S 18% IN THIS CASE. WELL, THE VILLAGE OF WESTERN OAKS IS BUILT AT -- OR THE NEW VILLAGE OF WESTERN OAKS, BOTH OF THEM WERE BUILT AT 38% IMPERVIOUS COVER FOR RESIDENTIAL. 50 TO 60% FOR COMMERCIAL SITES. AND THAT'S WELL ABOVE S.O.S. STANDARDS. AND IT DOESN'T FEATURE THE S.O.S. WATER QUALITY CONTROLS OR ANYTHING ELSE RELATED TO THE S.O.S. ORDINANCE. AND I DON'T KNOW IF YOU'VE SEEN IT. THE LATEST UPDATE ON THE SALAMANDERS DOWN AT BART BARTON SPRINGS IS LISTED A NUMBER OF CHEMICALS THAT ARE TRACE CHEMICALS IN LARGE AMOUNTS THAT ARE SHOWING UP IN THE SPRINGS. AND A LOT OF THOSE ARE COMING FROM YARDS, FROM CHEMICALS THAT ARE PUT ON LAWNS, PESTICIDES AND FERTILIZERS, AND I KNOW YOUR NEIGHBORHOOD AND A LOT OF OTHERS HAVE -- ARE OUT IN THE HILL COUNTRY AND THEY HAVE ST. AUGUSTINE LAWNS WHICH AREN'T NATIVE TO HILL COUNTRY, HAVE A LOT OF OTHER PLANTS THAT NEED A LOT OF IRRIGATION AND PROBABLY HAVE A LOT OF CHEMICALS POURED ON THEM AND SO I'M HOPING THAT IN ADDITION TO OPPOSING THIS AGREEMENT AND TRYING TO PROTECT THE AQUIFER IN THAT WAY, THAT YOU AND YOUR NEIGHBORS WILL GET INVOLVED DIRECTLY THROUGH NOT PUTTING CHEMICALS ON YOUR LAWN THAT WASH UP IN THE BARTON AND WASH OFF INTO THE RECHARGE ZONE AND COME UP AT BARTON SPRINGS. SO I WOULD INVITE YOU TO LOOK INTO THE NATIVE PLANTS, PROGRAMS THAT THE CITY HAS BECAUSE THOSE PLANTS REQUIRE LESS IRRIGATION, AND NO RECOMMENDS REALLY. AND THAT IS ONE OF THE WAYS THAT PEOPLE -- NO CHEMICALS REALLY. AND THAT IS ONE OF THE WAYS THAT PEOPLE CAN CLEAN UP THE POLLUTION THAT IS GOING INTO BARTON SPRINGS RIGHT NOW. SO I'D REALLY APPRECIATE IF IT IF YOU COULD TURN YOUR ENERGY NOT ONLY -- I MEAN, HOWEVER YOU WANT TO DEAL WITH THIS, OF COURSE, THAT IS YOUR RIGHT AS A CITIZEN, BUT I WOULD REALLY ENCOURAGE YOU TO ALSO PUT YOUR ENERGY INTO STOPPING THE POLLUTION THAT'S COMING OUT OF YOUR OWN NEIGHBORHOOD.

IS THAT THE QUESTION, SIR?

Slusher: YOU ARE WELCOME TO ANSWER THAT IF YOU'D LIKE.

OKAY.

Mayor Garcia: I THINK THAT THAT WAS A STATEMENT THAT THE COUNCILMEMBER MADE AND I THINK YOU PROBABLY UNDERSTOOD THAT.

OKAY. I GUESS THAT'S AN ADMONITION IS WHAT YOU ARE SAYING?

Slusher: SIR, WHAT I'M TRYING TO DO, I THOUGHT WE BOTH SHARED IN COMMON THAT WE WANT A CLEAN BARTON SPRINGS. YOU DON'T WANT THIS TRACT DEVELOPED -- I'D PREFER IT'S NOT, EITHER. I'VE GOT TO MAKE A DECISION THAT I THINK IS IN THE BEST INTEREST OF BARTON SPRINGS AS AN ELECTED REPRESENTATIVE OF THE PEOPLE BUT I'M TELLING YOU THAT YOUR NEIGHBORHOOD IS DEVELOPED WELL BEYOND S.O.S. STANDARDS AND PEOPLE IN YOUR NEIGHBORHOOD, I DON'T KNOW IF YOU'RE ONE OF THEM OR NOT, ARE PUTTING CHEMICALS ON THEIR LAWN THAT WASH INTO THE AQUIFER AND END UP AT BARTON SPRINGS AND PEOPLE ARE SWIMMING IN THERE. AND SO ONE WAY THAT YOU PERSONALLY CAN HELP CLEAN UP THE AQUIFER IS FOR YOU AND YOUR NEIGHBORS TO NOT PUT CHEMICALS ON YOUR LAWN, AND THERE ARE PROGRAMS THE CITY HAS TO HELP YOU HAVE BEAUTIFUL LAWNS WITHOUT PUTTING CHEMICALS ON IT AND I WOULD ENCOURAGE YOU TO TAKE ADVANTAGE OF THAT. THAT'S NOT AN ADMONITION. THAT IS A SUGGESTION TO YOU ON A WAY THAT YOU'RE INTERESTED IN PROTECTING BARTON SPRINGS AND THAT EDWARDS AQUIFER THAT YOU CAN PERSONALLY NOT JUST PREVENT NEW POLLUTION BY OPPOSING THIS AGREEMENT, WHICH ALTHOUGH IT -- WELL, NOT ONLY CAN YOU PREVENT NEW POLLUTION, YOU CAN CLEAN UP EXISTING POLLUTION AND HELP CLEAN UP BARTON SPRINGS RIGHT NOW. [ APPLAUSE ]

AND, SIR, I BELIEVE THAT MOST OF MY NEIGHBORS DO THAT.

Slusher: SIR, I TELL YOU THERE'S A LOT OF -- I HOPE SO BUT I REALLY WISH YOU WOULD PUT -- RATHER, JUST TAKE THAT POSITION, I WISH YOU WOULD USE YOUR ENERGY. I REALLY ENCOURAGE YOU TO DO THIS. YOU HAVE THE RIGHT TO DO WHATEVER YOU WANT BUT BARTON SPRINGS IS POLLUTED RIGHT NOW. WE'RE GOING TO HEAR THAT OVER AND OVER TONIGHT. IT'S TRUE. AND ONE OF THE MAJOR SOURCES IS CHEMICALS THAT PEOPLE ARE PUTTING ON THEIR LAWNS. AND YOU CAN COME DOWN HERE AND SAY, DON'T BUILD ANYTHING OVER HERE AT CIRCLE C. BUT THAT IS A MASSIVE DENSITY NEIGHBORHOOD THAT IS POLLUTING THE AQUIFER. THERE'S NO WAY AROUND IT. NOW THE BEST THING TO DO IF YOU WANT TO CLEAN UP THE SPRING IS JUST ACKNOWLEDGE THAT AND DO WHAT YOU CAN TO KEEP THOSE SPRINGS, TO CLEAN UP SPRINGS AND KEEP THEM FROM GETTING FURTHER POLLUTED.

I WOULD LIKE TO FINISH MY STATEMENT, SIR. I THINK YOU MISSED MY POINT. MY POINT IS NOT PRIMARILY THAT I DON'T WANT ANY DEVELOPMENT. I ACKNOWLEDGE STRATUS' RIGHT TO DEVELOP HOWEVER. BUT I THINK THAT YOU MISSED THE FUNDAMENTAL THRUST OF MY STATEMENT HERE IS THAT THERE WERE THOUSANDS OF PEOPLE IN AUSTIN WHO WERE NOT INVOLVED UNTIL LATE IN THE GAME. THIS THING IS BASICALLY, FROM OUR POINT OF VIEW IS TRYING TO BE RAM RODDED THROUGH. THEY ARE PRESENTING THIS AS A VERY HAPPY, WELL-NEGOTIATED AGREEMENT, AND IT'S NOT.

.

Slusher: MY FUNDAMENTAL REPORT IS YOU HAVE THE POWER IN YOUR HANDS TO CLEAN UP SOME OF THE POLLUTION IN BARTON SPRINGS.

BUT THAT'S NOT -- CIRCUMSTANCES THAT'S NOT MY PRIMARY POINT.

Mayor Garcia: LET ME INTERRUPT HERE. I THINK THAT BOTH OF YOU HAVE MADE YOUR POINTS AND WE HAVE 250 MORE SPEAKERS. AND I APPRECIATE IT VERY MUCH.

YES, YOUR HONOR. THAN YOU ARE ARE THANK YOU VERY MUCH.

Mayor Garcia: MS. HADDON, THAT ROW IS RESERVED FOR PEOPLE WHO ARE CALLED UP TO SPEAK. THANK YOU VERY MUCH. MR. ROONEY AND FOLLOWING MR. ROONEY IS MR. RAO MARCH AND LET ME CALL TO THE -- THAT -- MR. OMAR. LET ME CALL MR. RICKY BIRD AND MS. NANCY MILLER. MR. ROONEY, THANK YOU, SIR.

THANK YOU, MR. GARCIA AND MEMBERS OF THE COUNCIL. I'M THE DIRECTOR OF THE LADY BIRD JOHNSON WILDFLOWER CENTER. TONIGHT I COME TO SPEAK IN FAVOR OF CONTINUING THE PROCESS OF FINALIZING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF AUSTIN AND STRATUS PROPERTIES. AS I THINK YOU KNOW, THE WILDFLOWER CENTER HAS BEEN AN ACTIVE PARTICIPANT IN THESE DISCUSSIONS WITH STRATUS AND WE ARE A BENEFICIARY OF THE PROPOSED AGREEMENT WITH THE TRANSFER OF 105 ACRES TO THE CENTER AS OPEN SPACE. IF THESE LANDS DO COME TO US, WE WILL MANAGE THEM WITH THE SAME LEVEL OF STEWARDSHIP WITH WHICH WE MANAGE OUR EXISTING LAND. FOR EDUCATION, FOR RESEARCH, FOR CONSERVATION, AND RESTORATION. BUT THROUGHOUT THIS PROCESS, OUR FOCUS HAS NOT BEEN ON THE LAND WE MIGHT ACQUIRE. INSTEAD WE HAVE CHOSEN TO FOCUS TO ENCOURAGING A TOTAL PROJECT THAT ENCOURAGES -- THAT EMBODIESS THE VERY PRINCIPLES THAT HAVE GUIDED THE DEVELOPMENT OF THE WILDFLOWER CENTER ITSELF. UNDERSTANDING THAT MUCH OF STRATUS' LAND, LIKE OURS, IS ON THE ENVIRONMENTALLY SENSITIVE BARTON SPRINGS AQUIFER RECHARGE ZONE AND UNDERSTANDING THAT STRATUS HAS PROPERTY RIGHTS AND PROBABLY GRANDFATHERED DEVELOPMENT RIGHTS, AND UNDERSTANDING THAT SOME FORM OF DEVELOPMENT OF THESE LANDS IS LIKELY, WE HAVE CHOSEN TO BE PROACTIVE, TO PARTICIPATE. WHEN WE BEGAN OUR DISCUSSIONS WITH STRATUS, THEY HAD ALREADY AGREED WITH THE CITY TO DEVELOP AT S.O.S. IMPERVIOUS COVER LEVELS AND WITH TRACT BY TRACT, S.O.S. COMPLIANT WATER QUALITY CONTROLS. WE ENCOURAGED THEM TO GO FURTHER. WE ENCOURAGED THEM TO REDUCE THE IMPACT ON LAND BY PROTECTING NATIVE WATER PURIFYING VEGETATION WITH TYPE CONSTRUCTION ENVELOPES. WE ENCOURAGED THEM TO USE NATIVE PLANTS TO REDUCE THE APPLICATION OF AQUIFER-DAMAGING FERTILIZERS AND PESTICIDES. WE ENCOURAGED THEM TO DEFINE AND ADVANCE THE SETBACKS FROM CRITICAL ENVIRONMENTAL FEATURES AND TO MAKE THEM GENEROUS. AND WE ASKED FOR A PROHIBITION ON BIG-BOX STORES TO REDUCE EXTRA REGIONAL TRAFFIC INTO THE AREA. AND WE ASKED THEM, ALONG WITH OTHERS, TO REDUCE DENSITY. WE ALSO ASKED THEM TO PERMIT TO A STRONG ENVIRONMENTAL STANDARDS IN THE SIGHTING AND CONSTRUCTION OF THEIR BUILDINGS AND WE ASKED THEM TO USE ARCHITECTURAL DESIGNS THAT REDUCE STORM WATER RUNOFF, THE URBAN HEAT ISLAND EFFECT, LIGHT POLLUTION, WATER POLLUTION, AND WHICH FOSTER ENERGY AND WATER CONSERVATION. WE ASKED THEM IN SHORT TO PERMIT TO -- COMMIT TO BUILDING WHAT WOULD BE AMONG THE GREENEST BUILDINGS IN AUSTIN. THEY AGREED TO ALL OF THESE CONCEPTS IN PRINCIPLE. AND TODAY WE ARE WORKING TOWARDS FINALIZING THE DOCUMENTATION AND ENFORCEABILITY OF THESE CONCEPTS IN THE DRAFT AGREEMENT. CAN I JUST FINISH ONE SENTENCE?

Mayor Garcia: SURE.

OKAY. WE TOOK THIS APPROACH BECAUSE WE WANTED TO CREATE A POSITIVE VISION FOR WHAT THE DEVELOPMENT COULD BE LIKE IN THIS REGION. EMBODYING THE PRINCIPLES I JUST OUTLINED. WHILE THIS AGREEMENT IS A COMPROMISE AND WE DID NOT IN THE ENVIRONMENTAL GET EVERYTHING WE WANTED, STRATUS HAS ALSO MADE SOME SIGNIFICANT COMPROMISES. I HOPE TONIGHT THAT WE CAN MOVE FORWARD TO FINALIZE THIS AGREEMENT OVER THE NEXT FEW WEEKS AND TURN OUR VISION TO THE FUTURE, AND I THINK WE AS A COMMUNITY MUST NOW WORK TOGETHER AS NEIGHBORS AND WITH OUR OTHER NEIGHBORS TO THE SOUTH IN HAYES COUNTY TO DEVELOP A UNIFIED SLITION VISION FOR PROTECTING THE RURAL QUALITY AND OPEN SPACE OF THE HILL COUNTRY AND THE AQUIFER THAT UNDERLIES IT AND I HOPE THE CITY WILL ASSIST US IN AN EFFORT TOWARDS DEVELOPING A COMPREHENSIVE AQUIFER PROTECTION PLAN IN THE FUTURE.

Mayor Garcia: THANK YOU, MR. ROONEY. [ APPLAUSE ]

Mayor Garcia: RAY OMAR AND FOLLOWING MR. OMAR, FONTAINE MAVERICK AND I'M GOING TO CALL UP TO THE FRONT ROW MR. STEVE DRENNER WHO WILL SPEAK ON THE AGREEMENT AND MR. KENNETH NORDEMAN. WELCOME, SIR.

GOOD EVENING. CAN YOU HEAR ME ALL RIGHT?

Mayor Garcia: YES.

MAYOR, COUNCIL, MY NAME'S RAY OMAR AND I STARTED SWIMMING AT BARTON SPRINGS. WHEN I WAS 38 I DECIDED TO GO TO COLLEGE AND GET A DEGREE AND FOR THE NEXT SEVEN YEARS I WORKED FULL TIME AND WENT TO SCHOOL AND THE SPRINGS GAVE ME A VACATION SPOT WHEN MONEY, NOR TIME WERE AVAILABLE. THE SPRINGS GAVE ME A PLACE TO GO TO DECOMPRESS WHEN PRESSURES WERE THE WORST. THE SPRINGS GIVE ME PLEASURE OF WATCHING PEOPLE LEAVE ALL THEIR CARES AND WORRIES AT THE GATE WHEN THEY COME IN. I'VE NEVER SEEN A SHOUTING MATCH OR A FIGHT AT THE SPRINGS IN ALL THOSE YEARS. THE SPRINGS GIVE ME PHYSICAL THERAPY FOR AN INJURY I RECEIVED MANY YEARS AGO. THE SPRINGS GIVE ME FRIENDS THAT I STILL HAVE TODAY AND WILL HAVE FOREVER.e OVER THE YEARS I HAVE MADE A POINT OF MEETING AND TALKING WITH PEOPLE THAT COME TO THE SPRINGS FROM OTHER COUNTRIES. I HAVE TALKED WITH PEOPLE FROM JAPAN, TAIWAN, SCOTLAND, SPAIN, GERMANY AND OTHER EUROPEAN COUNTRIES, NEW SEE LAND, FINLAND, SWEDEN, CHILL I, BRAZIL AND OTHER AFRICAN COUNTRIES. BASICALLY THEY HAVE ALL SAID THE SAME THING. I HAVE NEVER SEEN ANYTHING AS BEAUTIFUL AS BARTON SPRINGS AND IT'S RIGHT IN THE MIDDLE OF YOUR CITY.

[ PLEASE HOLD FOR CHANGE IN CAPTIONERS ]

THEY IDENTIFIED 25 HOT SPOTS AROUND THE WORLD. HE MEANT ECHO SYSTEMS THAT ARE CRITICAL TO THE PLANET. ONE OF SEVEN IN THE UNITED STATES IS THE EDWARD'S AQUIFER. IT WILL BE UP TO THIS COUNCIL AND FUTURE COUNCILS TO ACT ON BEHALF OF THOSE OF US WHO LOVE BARTON SPRINGS AND CARE DEEPLY ABOUT THE QUALITY OF LIFE IN THIS CITY AND ON BEHALF OF OUR CHILDREN AND GRANDCHILDREN I HOPE IECH AND EVERY ONE OF YOU ARE UP ON THIS DIFFICULT TASK AHEAD OF YOU THIS EVENING AND PROBABLY TOMORROW MORNING. THANK YOU. [ APPLAUSE ]

Mayor Garcia: FOLLOWING MS. ARNOLD IS MR. RICKY BYRD. AND I'M GOING TO CALL UP TO THAT ROW MR. PHIL MONCADO AND MS. AMY ROW. MS. ARNOLD, WELCOME.

GOOD EVENING MAYOR AND MEMBERS OF THE CITY COUNCIL. MY NAME IS MARY ARNOLD. I TALKED TO DOROTHY RICHTER THIS MORNING. SHE WAS SORRY SHE COULDN'T BE HERE. SHE SAID TO TELL YOU ALL THAT BARTON SPRINGS IS VERY FRAGILE. THAT IT IS EXPERIENCING A LOT MORE FLOODING THAN IT USED TO. SHE IMAGE INS THAT THIS IS BECAUSE OF THE INCREASED IMPERVIOUS COVER OVER THE AQUIFER, AND SHE HOPES THAT THIS COUNCIL'S LEGACY FOR BARTON SPRINGS WILL NOT BE TO FINALLY KILL THE POOL. ON THAT HAPPY NOTE, I ENJOYED THE MUSIC. WE'RE AT A CROSS...... CROSSROADS YET AGAIN. I LOVE PAUL ELLIS' STATEMENTS ABOUT WE LIVE IN A WATER WORLD AND THE CORAL REEFS ARE DYING AND WE THINK THE SPRINGS MAY BE DYING TOO. SO HERE WE ARE AGAIN. WE NEED A PLAN TO SAVE BARTON SPRINGS. AND HOW DOES THIS PARTICULAR DEVELOPMENT DEAL GET US THERE? I HOPE YOU WILL HELP. I'D LIKE TO MENTION SOME SPECIFIC THINGS IN THE PROPOSED DEVELOPMENT AGREEMENT, AND THERE'S A GENTLEMAN OVER HERE WHO HAS OFFERED TO GIVE ME HIS TIME. THE 30-YEAR LOCK IN.

Mayor Garcia: CAN YOU RAISE YOUR HAND AND GIVE ME YOUR NAME?

[ INAUDIBLE ].

Mayor Garcia: OKAY. DID YOU SIGN A CARD?

[ INAUDIBLE ].

Mayor Garcia: ALL RIGHT. MR. TERRELL WILL GIVE YOU THREE MORE MINUTES.

THE 30-YEAR LOCK-IN IS NOT SOMETHING THAT I FAVOR. WE HAVE FOUGHT VERY HARD TO GET EXPIRATION DATES IN OUR ORDINANCES. I'M PARTICULARLY CONCERNED ABOUT THE STANDARDS FOR WATER QUALITY CONTROL FACILITIES OVER THE LAST 30 YEARS. THOSE STANDARDS HAVE CHANGED DRAMATICALLY. IN THE NEXT 30 YEARS THEY MAY CHANGE AS WELL DUE TO NEW TECHNOLOGIES AND NEW KNOWLEDGE THAT WE MAY HAVE. IT SEEMS TO ME THAT MORE LAND COMES IN FOR DEVELOPMENT AND THE LATEST WATER QUALITY CONTROL STANDARDS SHOULD APPLY. THE CREDIT BANK USE OF OTHER STRATUS PROPERTY IN THE BARTON SPRINGS ZONE IS NOT ACCEPTABLE TO ME. THOSE PROPERTIES ARE NOT PART OF THIS AGREEMENT. WE DON'T NEED THEM TO HELP TO DEVELOP IN AREAS OUTSIDE OF THIS LAND. HOWEVER WE'VE TALKED ABOUT USING THAT CREDIT BANK IN THE DESIRED DEVELOPMENT ZONE AND NOT HAVING LANGUAGE IN THE AGREEMENT ABOUT A 380 ZONE. WHEN WE DRAFTED THE ORDINANCE WE WERE VERY CAREFUL TO INCLUDE LANGUAGE TO TAKE CARE OF GRANDFATHER CLAIMS? AND IT SAYS THAT THE S.O.S. ORDINANCE IS NOT INTENDED TO CONFLICT WITH THE UNITED STATES CONSTITUTION OR ANY STATE OR FEDERAL LAWS, AND THAT IF THE CITY COUNCIL OR THE COURT AS APPLIED TO A SPECIFIC DEVELOPMENT VIOLATES ONE OF THOSE LAWS, THEN THE CITY COUNCIL MAY AFTER A PUBLIC HEARING ADJUST THE APPLICATION OF THIS ARTICLE TO THAT PROJECT TO THE MINIMUM EXTENT REQUIRED TO COMPLY WITH THE CONFLICTING LAW. ANY ADJUSTMENTS SHALL BE STRUCTURED TO PROVIDE THE MAXIMUM PROTECTION OF WATER QUALITY. NOW, THIS DOES REQUIRE A THREE-QUARTERS VOTE BY THE CITY COUNCIL, BUT IN MY MIND THAT WOULD BE MORE IN KEEPING WITH THE APPLICATION OF THE S.O.S. ORDINANCE. LET'S SEE. I DID RUN ACROSS A MEMO TODAY IN SOME OF MY MANY, MANY PAPERS. I HAD SPOKEN TO A U.T. CLASS THIS AFTERNOON ABOUT THE S.O.S. ORDINANCE, AND IN GOING THROUGH SOME THINGS I RAN ACROSS A SEPTEMBER THIRD 1991 MEMO FROM AUSTAN LIBRACH DEALING WITH PROSPECTIVE EFFECTS OF A STRONGER WATER QUALITY ORDINANCE ON THE SOUTHWEST M.U.D. AND AT THAT TIME AUSTAN LIBRACH SAID THAT THE CIRCLE C M.U.D. LAND PLAN FOR THE M.U.D. 3 AND 4 HAVING BEEN REVISED IN 1985 WOULD ALLOW APPROXIMATELY SO MANY HOUSES, PLUS 785,500 SQUARE FEET OF OFFICE AND RETAIL. SO YOU MIGHT WANT TO TAKE A LOOK AT THAT TO SEE WHAT THE WORST CASE SCENARIO IS AND WHY WE'RE GOING BEYOND THE 785,000 SQUARE FEET. LAUREN ROSS, WHO CAN'T BE HERE TONIGHT, HAS THREE VERY STRONG CONCERNS ABOUT THE WAY THE DEAL IS STRUCTURED RIGHT NOW. SHE FEELS THAT THE -- THAT THE CITY'S CONSIDERATION FOR THE DENSITY REDUCTION SHOULD ALSO INCLUDE REDUCTION IN THE IMPERVIOUS COVER. HER CALCULATION IS THAT THE DENSITY HAS BEEN REDUCED AND THAT WE SHOULD REDUCE THE IMPERVIOUS COVER. SHE'S CONCERNED ABOUT THE CEF SET BACKS ON 107 AND WANTS TO SEE WHAT THE GREEN BUILDING LOOKS LIKE. NO GAS STATION ON THE RECHARGE ZONE, AND ENFORCE ABILITY -- THIRD-PARTY ENFORCEMENT. THESE ARE JUST THINGS THAT WE'VE TALKED ABOUT. THANK YOU VERY MUCH. [ APPLAUSE ]

Futrell: MARY, JUST TWO THINGS. I WON'T TRY TO ANSWER BECAUSE I KNOW THERE'S A LOT OF PEOPLE WHO WANT TO SPEAK TO ALL THE THINGS THAT CAME UP. BUT MARY, TWO OF THE THINGS YOU MENTIONED IN THE THE AGREEMENT HAVE BEEN CHANGED. THE 380 IS NO LONGER IN THE AGREEMENT AND THE CREDIT BANK CANNOT BE USED IN THE DESIRED DEVELOPMENT ZONE. IT'S IN ORDER TO TURN THE DEVELOPMENT IN THE WAY WE WANT IT TO IN THIS AREA. SO THAT HAS CHANGED.

Mayor Garcia: MR. RICKY BID. FOLLOWING HIM IS MS. NANCY MILLER AND CALLING UP ALSO LANDE MARTIN IF YOU COULD JOIN US IN THE FRONT HERE. MR. BYRD, WELCOME, SIR.

THANK YOU, MR. MAYOR. EVENING, COUNCIL. THIS IS MY PERIOD I'M TAKING TO JUST TALK OFF THE TOP OF MY HEAD ABOUT THE BEAR LAKE P.U.D. AND THE OTHER THINGS THAT ARE BEING UNDER CONSIDERATION RIGHT NOW. ONE OF THE THINGS THAT STRIKES ME IS PEOPLE ARE SO ATTACHED TO PROTECTING THE AQUIFER AND THROUGH IT BARTON SPRINGS THAT WE TEND TO LEAD WITH OUR BACK SIDE BEFORE WE LET THE BRAIN SIDE TAKE CONTROL. SOMETIMES THAT MEANS WE DO STRANGE THINGS. I'M IN FAVOR OF THE AGREEMENT. I THINK YOU'RE GOING TO HAVE TO BY AND LARGE PASS THESE TRACTS THE WAY THEY'RE BEING RECOMMENDED TO YOU. I DON'T THINK THAT THE PEOPLE THAT ARE HERE, WITH ALL DUE RESPECT TO THEM AND THEIR OPINIONS, ARE REALLY BEING PARTICULARLY WELL SERVED AT THIS POINT IN TIME BY THE LEADERSHIP OF THE S.O.S. ALLIANCE. 1704 ALLOWS THE VOIDANCE OF NEW DEVELOPMENT REGULATION. THAT IS THE LAW IN THE STATE OF TEXAS. WE CAN PRETEND ANYTHING WE WANT, BUT WE CAN'T GET AROUND THAT. WHAT THIS AGREEMENT DOES, WHAT THE VARIOUS P.U.D.S, THE VARIOUS M.U.D.'S, THE VARY YAS TRACTS, THE VARIOUS FACTS, THE VARIOUS EVERYTHING COMES DOWN TO IS WHAT IS GOING TO DO THE BEST TO PROTECT THE AQUIFER? THE FROZEN ARRANGEMENT OF APPLYING S.O.S. RULES AND REGULATIONS TO EACH OF THESE TRACTS IS NOT GOING TO PROTECT THE AQUIFER. NOTHING THAT YOU DO IS GOING TO STOP STRATUS FROM DEVELOPING. IT IS GOING TO DEVELOP. THE NEXT QUESTION AUTOMATICALLY SHOULD BE, IF WE CAN'T STOP THE DEVELOPMENT AND THERE IS NOTHING ON THE HORIZON THAT SAYS THAT WE CAN, HOW ARE YOU GOING TO MINIMIZE ITS IMPACT ON THAT AQUIFER? THAT IS WHAT THE COUNCIL AND THE STAFF ARE WORKING DILIGENTLY TO ANSWER. FOR PEOPLE TO CHARACTERIZE THIS COUNCIL AND THE STAFF THAT WORKS UNDER THEM AS ANTI-ENVIRONMENTAL OR PRO DEVELOPMENT OR SOMEHOW BOUGHT AND PAID FOR IS A LIE. I KNOW THAT EVERYONE IS FOR FRESHWATER, I KNOW THAT EVERYONE IS FOR PRESERVING THE AQUIFER. WHAT I DON'T KNOW IS WHAT IS YOUR SOLUTION. THESE PEOPLE ARE REACHING OUT FOR THE BEST SOLUTION THEY CAN FIND RIGHT NOW.

Mayor Garcia: THANK YOU, MR. BYRD. [ APPLAUSE ] NANCY MILLER? MISS MILLER, WELCOME. AND FOLLOWING HER IS STEVE BRENNER.

I'M NANCY. I'M A RESIDENT WITHIN A MILE OF TRACT 103, AND I HAVE SOME CONCERNS ABOUT THE PILING ON THAT ONE PARTICULAR TRACT. AND MY MAJOR CONCERN IS THAT IT'S CLOSE TO THE LONGHORN PIPELINE. AND I DON'T THINK THAT THERE'S AN ADEQUATE BUFFER ZONE OR SAFETY PRECAUTION THAT HAVE BEEN TAKEN IN THAT AREA SO THAT PEOPLE WHO LIVE NEARBY TO THE LONGHORN PIPELINE OR VISIT THE DEVELOPMENT THAT'S GOING INTO TRACT 103, I'M NOT SURE THAT THEIR PUBLIC HEALTH OR SAFETY IS BEING PROTECTED. I GOT SOMETHING IN THE MAIL ABOUT -- WHICH SEEMS TO BE THE ONLY PLANS TO PROTECT US FROM LONGHORN PIPELINE THAT I'M AWARE OF, AND IT SAYS IF YOU SEND -- IF YOU SMELL, SEE OR I FORGET THE THIRD TEST. IF THERE IS A LEAK IN THE PIPELINE, YOU'RE SUPPOSED TO LEAVE THE AREA IMMEDIATELY ON FOOT. THE SECOND THING YOU'RE SUPPOSED TO DO -- IT HAS A LONG MISS LIS OF WHAT YOU'RE NOT SUPPOSED TO DO. YOU'RE NOT SUPPOSED TO TOUCH, BREETSD OR MAKE CONTACT WITH THE LEAK. YOU'RE NOT SUPPOSED TO CREATE AN IGNITION SOURCE. YOU'RE NOT SUPPOSED TO SWITCH A LIGHT ON ARE OR OFF. YOU'RE NOT SUPPOSED TO USE THE TELEPHONE AND YOU'RE NOT SUPPOSED TO START A CAR. MY MOTHER LIVES WITH US, SHE'S 87. AND UNDER THE SAFETY PLAN, WHICH IS THE ONLY ONE THAT WE KNOW OF, SHE WOULD HAVE TO HOLD HER BREATH BECAUSE SHE CAN'T WALK. SO I'M CONCERNED THAT PERHAPS THE AGREEMENT THAT'S BEEN NEGOTIATED ON TRACT 103 DOESN'T PROVIDE SUFFICIENT BUFFER ZONE AND SAFETY PRECAUTIONS FOR PEOPLE WHO EITHER VISIT THAT TRACT OR LIVE WITHIN A MILE RADIUS OF THE AREA. I'M ALSO CONCERNED ABOUT THE LACK OF A TRAFFIC ANALYSIS OR THE WAIVER OF A TRAFFIC IMPACT ANALYSIS, WHICH IS -- AND ON THE NORTH SIDE OF TRACT 103, WHICH IS ESCARPMENT AND IT HAS NO ELEMENTARY SCHOOL OR DAY CARE CENTER. AND I KNOW THAT THERE ARE -- I'VE READ THE DEVELOPMENT AGREEMENT POSTED ON THE WEB ON JUNE 17TH. I KNOW THERE ARE TRAFFIC SOLUTIONS IN THE AGREEMENT THAT WOULD BE PROVIDED EITHER BY THE CITY OR THE DEVELOPER. THEY DON'T SEEM TO AFFECT ESCARPMENT NORTH OF TRACT 103 WHERE THERE ARE A LOT OF FAMILIES WITH YOUNG CHILDREN WALKING AROUND. AND I'M INTERESTED IN WHAT MIGHT BE OFFERED FOR THAT SITE. I ALSO HAVE SOME CONCERNS RELATING TO FINANCING. AS I READ THE AGREEMENT I AGREE WITH MARY ARNOLD THAT THE CREDIT BANK BEING APPLIED TO OTHER DEVELOPMENTS WOULDN'T BE ACCEPTABLE. I UNDERSTAND THAT THAT'S BEEN TAKEN OUT OF THE AGREEMENT AS OF NOW. THERE ARE OTHER COSTS. I DIDN'T HEAR THE RESULTS OF THE COST BENEFIT ANALYSIS OTHER THAN THAT IN 12 OR 13 YEARS THERE WOULD BE A POSITIVE REVENUE FLOW TO THE CITY. I'M NOT SURE IF THAT'S A GLASS THAT'S HALF EMPTY OR HALF FULL. IT PROBABLY MEANS THERE'S NO REVENUE FOR 12 OR 13 YEARS. AND I HAVE SOME OTHER CONCERNS FROM READING THE AGREEMENT THAT I'LL SUBMIT IN WRITING. [ APPLAUSE ]

Mayor Garcia: STEVE DRENNER. AND FOLLOWING MR. DRENNER, KENNETH W.NORDMAN. MR. DRENNER, WELCOME.

THANK YOU.

Mayor Garcia: AND SET THE CLOCK UP FOR 15 MINUTES. HE HAS PEOPLE GIVING HIM TIME.

THANK YOU, MAYOR. LET ME START BY TELLING YOU HOW PLEASED I AM TO BE HERE TONIGHT. WE HAVE -- AS MANY OF YOU KNOW, IT'S BEEN A LONG ROAD TO GET HERE. AND THE CITY MANAGER TALKED TO YOU IN DETAIL ABOUT THE PROCESS THAT WE HAVE UNDERGONE. I THINK IT IS A PROCESS UNPARALLELED IN AT LEAST MY EXPERIENCE WITH THE CITY. WE REALLY STARTED THIS MORE THAN TWO YEARS AGO. AND I WOULD -- I WOULD STRESS THE PROCESS BECAUSE I THINK THAT YOU REALLY HAVE TO UNDERSTAND THE PROCESS IN ORDER TO UNDERSTAND HOW IT SHAPED THE PROPOSAL THAT'S IN FRONT OF YOU. THE FIRST PART OF THAT PROCESS, AS THE CITY MANAGER INDICATED, WAS REALLY A PROCESS WHEREBY WE ASKED A LOT OF QUESTIONS. WE TALKED TO COMMUNITY LEADERS, ENVIRONMENTAL LEADERS, NEIGHBORHOOD LEADERS AND WE TALKED ABOUT THE TYPES OF ISSUES THAT WE'RE GOING TO BE -- WERE GOING TO BE MOST IMPORTANT FOR DEVELOPMENT OF THESE 1273 ACRES. FOLLOWING THAT PROCESS WE FLOATED A PROPOSAL INFORMALLY NOT TO THE CITY COUNCIL, BUT TO THE COMMUNITY. AND THE GUTS OF THAT PROPOSAL WERE THAT IMPERVIOUS COVER USED IN AN AGGREGATE FASHION WOULD BE EQUAL TO WHAT COULD BE DEVELOPED IN STRICT COMPLIANCE WITH THE S.O.S. ORDINANCE ON A TRACT BY TRACT BASIS THAT WATER QUALITY CONTROLS ON A TRACT BY TRACT BASIS WOULD BE EXACTLY THE SAME AS ARE REQUIRED UNDER THE S.O.S. ORDINANCE. AND THAT THERE WOULD BE OTHER THINGS THAT, FRANKLY, ARE NOWHERE SEEN IN THE CITY CODE THAT HAVE BEEN IDENTIFIED DURING THE FIRST PART OF THAT PROCESS AS THINGS THAT WERE IMPORTANT. IF YOU CAN PROVIDE THEM. AND THOSE RAN THE GAMUT FROM GREEN BUILDER PROGRAMS TO ADDITIONAL PROTECTION OF CERTAIN REALLY CRITICAL CES NATIVE PLANT LANDSCAPING AND A VARIETY OF OTHER THINGS. WE DETERMINED THAT WE DID NOT WANT TO BRING THAT PROPOSAL TO YOU UNTIL IT HAD REALLY UNDERGONE THE COMMUNITY ANALYSIS THAT IT DESERVED. AND WE ALSO DIDN'T WANT TO BRING IT TO YOU UNTIL FISH AND WILDLIFE HAD SIGNED OFF ON IT. FISH SIGNED OFF ON IT, AS YOU HEARD, LAST OCTOBER. AND WE REACHED A POINT LAST OCTOBER WHERE WE CONSIDERED BRINGING IT TO YOU. WE TOOK THE SUGGESTION OF BILL BUNCH LAST OCTOBER AND WE BEGAN A STAKEHOLDER PROCESS, A FORMAL STAKEHOLDER PROCESS. WE FELT LIKE WE HAD BEEN INVOLVED IN A STAKEHOLDER PROCESS FOR A YEAR AT THAT POINT DOING ALL THE COMMUNITY OUTREACH THAT WE HAD DONE TO DATE. BUT WE WENT INTO A DIFFERENT PROCESS, AND THAT STAKEHOLDER PROCESS IS REALLY CONTINUED TO THIS WEEK, ALL THE DIFFERENT KINDS OF FORMATS. SOME PEOPLE JOINING THE GROUP, SOME PEOPLE LEAVING THE GROUP, LEAVING THE GROUP UNFORTUNATELY AND ATTACKING THE PROCESS IN SOME CASES. BUT I THINK THAT THAT STAKEHOLDER PROCESS WAS PRODUCTIVE. I WILL TELL YOU IT WAS GRUELING, IT WAS PAINFUL AND IT WAS FAR FROM A PERFECT PROCESS. ONE OF THE THINGS THAT IS UNFORTUNATE IN ANY SORT OF PROCESS OF THAT TYPE IS NO MATTER HOW HARD YOU TRY, SOMEBODY WILL BE LEFT OUT. AND THERE WERE SOME FOLKS WHO DID NOT PARTICIPATE IN THE ORIGINAL STAKEHOLDER PROCESS, BUT ALL OF THOSE FOLKS HAVE BEEN INCLUDED LATER AS WE STARTED THE TREK THROUGH THE BOARDS AND COMMISSIONS. THE THIRD STAGE OF THAT PROCESS HAS BEEN OUR PUBLIC PROCESS. AND I WILL TELL YOU THAT AGAIN IN MY EXPERIENCE NOTHING THAT I WORKED ON HAS RECEIVED THIS AMOUNT OF SCRUTINY. THE ENVIRONMENTAL BOARD, THE ZONING AND PLATTING COMMISSION, BOTH FORMED SUBCOMMITTEES, BOTH MET EXTENSIVELY, BOTH SPENT A TREMENDOUS AMOUNT OF TIME. AND AGAIN, WE ARE GRATEFUL TO THOSE WHO WORKED SO HARD ON THOSE COMMITTEES BECAUSE I THINK THEY SERVE TO MAKE IT A BETTER PROJECT AND THEY ALSO SERVE TO HELP EDUCATE THE COMMUNITY. WE HAVE SOME OF THOSE FOLKS WITH US TONIGHT ON THE ENVIRONMENTAL BOARD SUBCOMMITTEE IN PARTICULAR. A COUPLE OF PEOPLE SPENT AN INCREDIBLE AMOUNT OF TIME WORKING ON THIS PROJECT. ON THE ZAP SUBCOMMITTEE CHAIR, SEVERAL OTHERS WHO ARE HERE TONIGHT ALSO SPENT A TREMENDOUS AMOUNT OF TIME, AND WE ARE GRATEFUL FOR THAT EFFORT. I THINK THAT, AGAIN, IT YIELDED -- THE PROCESS WAS PRODUCTIVE AND AS YOU KNOW IT CULMINATED IN OVERWHELMING SUPPORT FROM THE ENVIRONMENTAL BOARD AND UNANIMOUS SUPPORT FROM ZAP, WHICH I KNOW IS -- IT WOULD NOT BE THE NORM ON ANY 14 ZONING CASES, MUCH LESS ZONING CASES IN THIS PART OF TRAVIS COUNTY. SO THAT BRINGS US TO TONIGHT. AND LET ME MENTION A COUPLE OF THINGS ABOUT ZONING FIRST. ALTHOUGH THIS IS THE -- THIS IS THE FIRST TIME THAT THIS COUNCIL WOULD HAVE LOOKED AT THESE 1273 ACRES, IT'S HARDLY THE FIRST TIME THAT CITY COUNCILS HAVE DEALT WITH PERMANENT ZONING ON PROPERTIES THAT USED TO BE LOCATED IN A M.U.D. IF MY INFORMATION IS CORRECT, IF EACH CASE THE CITY COUNCIL HAS ZONED THE PROPERTY ON A PERMANENT BASIS CONSISTENT WITH THE M.U.D. LAND USE PLAN THAT WAS, OF COURSE, SIGNED OFF ON BY AN EARLIER CITY COUNCIL. I THINK THERE ARE LEGAL REASONS WHY THAT HAPPENS, BUT BEYOND THOSE LEGAL REASONS I THINK THAT'S GOOD PLANNING. IN EFFECT THAT PLAN HAS BEEN ON THE BOOKS FOR THESE SORTS OF AREAS FOR 20 YEARS. AND YOU'RE DEALING WITH IN THIS CASE MOST OF THESE TRACTS ARE AT INTERSECTIONS OF MAJOR ARTERIALS SURROUNDED BY A SINGLE-FAMILY, THAT'S SORT OF A CLASSIC PLACE TO PUT COMMERCIAL DEVELOPMENT. SO I WOULD TELL YOU THAT BEYOND THE LEGAL REASONINGS, I STILL THINK IT REFLECTS SOUND PLANNING. I WILL TELL YOU ON THESE TRACTS THAT EVERY SINGLE USE COMPLIES WITH THE ORIGINAL M.U.D. LAND USE PLAN WITH THE EXCEPTION OF THOSE TRACTS, 104, 105, 111, 112 AND 1 13 THAT ARE NOT GOING TO BE DEVELOPED AT ALL. ALSO WITH THE EXCEPTION OF THE BEAR LAKE P.U.D., WHICH WAS NOT IN THE ORIGINAL M.U.D., BUT WE TALKED ABOUT THAT EARLIER ABOUT ITS CHANGE FROM A LIGHT INDUSTRIAL DESIGNATION TO A SPARSELY DEVELOPED RESIDENTIAL USE. THE SETBACKS THAT MR. GURNSEY WENT THROUGH EARLIER REALLY REPRESENT A PROCESS WHERE WE LITERALLY WALKED EVERY BOUNDARY LINE. AND WE TALKED NOT JUST TO THE BOARD OF DIRECTORS OF THE NEIGHBORHOOD ASSOCIATION, WE TALKED TO THE PEOPLE WHO WOULD BE MOST DIRECTLY AFFECTED BY THE DEVELOPMENT. WE TALKED TO THE PEOPLE WHO LIVED RIGHT NEXT DOOR. IN THE GREAT MAJORITY OF THE CASES, WE REACHED A RESULT THAT THEY'RE COMFORTABLE WITH. AND I THINK IF YOU LOOK AT THOSE RESTRICTIONS, YOU SEE THE EVIDENCE OF THAT LABOR. THEY GO FAR BEYOND WHAT THE CODE REQUIRES. AND THEY REALLY REFLECT A DESIRE TO CUSTOMIZE THOSE SETBACKS AND THOSE RESTRICTIONS BASED ON THE PARTICULAR FEATURES OF THAT TRACT. WE LOOKED AT RELATIVE TOPOGRAPHY BETWEEN THE TRACTS. WE LOOKED AT EXISTING VEGETATION. WE LOOKED AT THE USE THAT WAS PROPOSED ON THAT TRACT AND WE TRIED TO COME UP WITH A RESULT ON EACH AND EVERY BOUNDARY THAT MADE SENSE IN LIGHT OF THOSE FACTORS. IN TALKING ABOUT THE DEVELOPMENT AGREEMENT, I THINK THAT WHAT GETS LOST IN THE SHUFFLE OF ALL THE TALK ABOUT CHAPTER 245 AND THE LEGAL ISSUES IS I WOULD LIKE FOR YOU TO COMPARE IT TO THE TYPE OF DEVELOPMENT THAT WOULD BE BUILT OUT IN THE CITY'S BEST CASE LEGALLY, AND THAT WOULD BE UNDER S.O.S. WE WERE GOING TO PASS OUT A PIECE OF PAPER THAT WILL SHOW YOU THAT COMPARISON IN ABOUT NINE DIFFERENT AREAS. AND AGAIN, I WOULD -- AS ONE OF THE GENTLEMEN EARLIER SAID, I WOULD CHALLENGE ANYONE TO LOOK AT THOSE FACTORS AND TO SAY THAT DEVELOPMENT -- TRACT BY TRACT COMPLIANCE WITH S.O.S. YIELDS A BETTER ENVIRONMENTAL RESULT, A BETTER RESULT FOR THE NEIGHBORS, A BETTER RESULT FOR THE CITY, THAN THE PROPOSAL THAT'S ON THE BOOKS. SO IT'S NOT JUST A COMPARISON TO THE CITY'S WORST CASE POSSIBILITY AT THE COURTHOUSE, IT'S A COMPARISON TO THEIR BEST CASE. AND I WOULD SUBMIT TO YOU IT'S NOT EVEN CLOSE AS COMPARED TO THE CITY'S BEST CASE THIS PROPOSAL IS THE RIGHT PROPOSAL. AND I WOULD SUBMIT TO YOU THAT'S WHY WE HAD A UNANIMOUS VOTE AT ZAP. THAT'S WHY THE ENVIRONMENTAL BOARD SUPPORTED IT, THAT'S WHY THE WILDFLOWER CENTER SUPPORTED IT, THAT'S WHY FISH AND WILDLIFE SIGNED OFF ON IT NOT ONCE, BUT TWICE. MOST RECENTLY JUST EARLIER THIS MONTH. THAT'S WHY THE CIRCLE C HOMEOWNERS ASSOCIATION HAVE SIGNED OFF ON IT AND MANY OTHERS WHO ARE IN SUPPORT OF IT. SO IF YOU LOOK AT IT IN THAT CONTEXT, NOT JUST IN THE CONTEXT OF THE WORST CASE, I THINK YOU'LL AGREE THIS IS THE BEST ANSWER. THANK YOU. [ APPLAUSE ]

Mayor Garcia: I'M GOING TO DEVIATE A LITTLE BIT FROM THE PROCEDURE THAT WE'VE BEEN USING. WE HAVE A MEMBER OF THE ZONING AND PLATTING COMMISSION HERE THAT HAS A PERSONAL EMERGENCY, AND I'M GOING TO RECOGNIZE HER AT THIS TIME. WELCOME.

THANK YOU. I'M A LITTLE SHAKY RIGHT NOW. MY PERSONAL EMERGENCY IS THAT MY BLOOD SUGAR HAS GONE DOWN NOW. I'M DIABETIC. I'M NOT NERVOUS IT'S VERY FEW THINGS THAT MAKE ME NERVOUS. I'M A MEMBER OF THE ZONING AND PLATTING COMMISSION. AND THANK YOU, MR. ALVAREZ FOR APPOINTING ME THERE. I DIDN'T THINK I WAS GOING TO ENJOY THIS VERY MUCH. AND AS A MATTER OF FACT, WHEN THIS ISSUE CAME UP AT THE BEAR LAKE P.U.D., I WENT OUT THERE AND I GOT TO MEET THE NEIGHBORS THAT HAD SOME ISSUES AND CONTENTION OF IT. I MET WITH THE STRATUS PEOPLE AND I TRIED TO ENCOURAGE THEM TO CONSIDER TALKING TO EACH OTHER MORE BECAUSE THINGS WERE BREAKING DOWN AS IT WAS AT THE VERY BEGINNING. BUT THAT I THINK CHANGED A LOT. JANIE WAS THE PERSON WHO TOOK ME OUT THERE AND WE TALKED THE PROPERTY AND THE ROIDZ AND THE REAL ISSUES WERE SAFETY. NOW, THIS NEXT PROJECT CAME BEFORE UNDER THE CIRCUMSTANCES -- WE APPROVED BY THE WAY THE P.U.D. AND I WAS THE LAST VOTE FOR A VOTE OF FIVE, AND I THINK IT WAS FIVE-THREE. SOMEONE WAS ABSENT. AND WHAT MY VOTE DID WAS TO CREATE SAFETY ISSUES TO BE ADDRESSED BY STRATUS, AND THEY ADDRESSED THEM. AND THAT SHOULD TELL YOU THAT THESE PEOPLE, WHETHER THEY'RE FREEPORT MCMORAN OR THEY'RE STRATUS, THESE PEOPLE HAVE A COMMITMENT TO AFFECTING POSITIVE CHANGE NOW. I MEAN, ALL OF US HAVE A HISTORY, EVERY SINGLE ONE OF US HAS A HISTORY, AND I THINK THAT EVERY ONE OF US ALSO TRIES TO CHANGE THAT. AND SO IN EFFECT WHEN THIS ITEM CAME BEFORE US, THINGS WERE BREAKING DOWN AGAIN, BUT THEY WERE BREAKING DOWN IN THE FORM OF COMMUNICATIONS BECAUSE THINGS WERE NOT BEING EFFECTIVELY COMMUNICATED TO THE ZAP BOARD AND TO THE PUBLIC. NOW, BILL BUNCH HAS BEEN INVOLVED IN THIS PROCESS. AS A MATTER OF FACT, HE'S THE ONE THAT CALLED THE STAKEHOLDERS MEETING ORIGINALLY AND HE CONSTITUTED THOSE MEETINGS. AND HE QUICKLY LEFT RIGHT HERE CLOSE TO THIS END PROCESS. SO YOU NEED TO KNOW THAT. NOW, YOU ALSO NEED TO KNOW THAT THE BOARD DID VOTE IN FAVOR OF THE PROPOSAL FOR THE SETTLEMENT AGREEMENT, AND WE ALL, AS MANY OF US COULD, AND I THINK THERE WAS ONLY ONE COMMISSIONER THAT DID NOT GO TO EACH OF THE SITES, AND THAT WAS MS. SPELLMAN. THERE WERE CONFLICTS THERE. BUT ALMOST EVERY ONE OF US WENT TO THE SITES AND WE SAW THE SITES, SO WE WEREN'T IN A VACUUM WHEN WE MADE THE DECISION THAT WE DID. MANY OF US COULD NOT ATTEND ALL OF THE STAKEHOLDER MEETINGS THAT BETTY BAKER HAD SET UP FOR US, BUT WE WENT TO AS MANY AS POSSIBLE AND WE COMMUNICATED WITH EACH OTHER. SO HERE AGAIN, WE'RE NOT OPERATING IN A VACUUM. WE ALSO REALIZED -- AND MY COUSIN LEFT AWHILE AGO WITH THE ENVIRONMENTAL BOARD AND I DON'T KNOW IF HE WANTS TO CLAIM ME OR NOT, BUT HE WORKED VERY HARD FROM HIS END OF THAT ANGLE BECAUSE BOTH OF US TALKED ABOUT ONE THING, WHAT IS IN THE BEST INTEREST OF AUSTIN. [ BUZZER SOUNDS ] AND IN THE BEST INTEREST OF AUSTIN IS TO MAKE AUSTIN A LIVEABLE CITY. AND THE ONLY WAY TO DO THAT IS TO COMMUNICATE AND TO NEGOTIATE AND TO CREATE A PROCESS WHERE THERE'S OPENNESS AND A PROCESS THAT'S GOING TO BRING US WITH SOME SERIOUS DELIBERATIONS TO MAKE A POSITIVE IMPACT. AND I'M SORRY ABOUT THE SALAMANDERS, BUT DO YOU KNOW WHAT? YOU CAN BLAME ME FOR THE NOVEMBER 15TH RAIN. THAT WAS MY BIRTHDAY. THAT WAS THE DAY THAT IT FLOODED. AND MAYBE THEY'RE SWALLOWING ALL THAT STUFF THAT'S OUT THERE IN THE ENVIRONMENT ALREADY. SO I THINK THAT STRATUS IS MAKING A GOOD EFFORT TO PERHAPS CHANGE WHATEVER IT IS THEY'RE DOING AND EFFECT POSITIVE CHANGE IN THE AREA. AND THAT'S NOT ALL I WANTED TO SAY, BUT ANYWAY, MAYOR, CONGRATULATIONS, THANK YOU FOR ALLOWING ME TO SPEAK AND MAYBE I CAN GET HOME AND -- EITHER THAT OR EAT ANOTHER SUGAR PILL AND FEEL A LITTLE BETTER IN A LITTLE WHILE. BUT THANK YOU FOR THE TIME AND PLEASE TAKE INTO CONSIDERATION WHAT WE'VE HAD TO SAY TO YOU TODAY. THANK YOU VERY MUCH. [ APPLAUSE ]

Mayor Garcia: LET ME CALL MS. MARTHA MAVERICK AND MR. NORM KHURE AND MR. KENNETH NORMAN. WELCOME, SIR.

MR. MAYOR, CITY COUNCIL, MAY IT PLEASE THE CITY COUNCIL, MY NAME IS KENNETH NORDMAN. I'M A RESIDENT OF CIRCLE C. I'VE LIVED IN CIRCLE C FOR APPROXIMATELY FIVE YEARS. I'M HERE IN SUPPORT OF THE PROPOSALS FOR CHANGE IN ZONING AND IN SUPPORT OF THE SETTLEMENT AGREEMENT THAT'S BEEN WORKED OUT BETWEEN THE CITY OF AUSTIN AND STRATUS. I'M ALSO A PROUD AND ACTIVE MEMBER OF THE CIRCLE C HOMEOWNERS ASSOCIATION, WHICH CONTAINS OVER 2,000 MEMBERS. AND I'M PLEASED THAT THE HOMEOWNERS ASSOCIATION HAS TAKEN AN ACTIVE ROLE IN ALL OF THE THINGS THAT GOT US HERE TODAY. WHEN I SIT DOWN AT MY DINING TABLE AT HOME, I LOOK OUT THE WINDOW AT TRACT 110. AND WHEN I -- EVERY TIME I AM ABOUT TO EAT, I LOOK OUT THAT WINDOW AND I GO, YOU KNOW, THAT'S GOING TO BE AN OFFICE BUILDING SOME DAY. AND THAT IS NOT A PARTICULARLY ATTRACTIVE IDEA FOR ME, BUT I KNEW THAT WHEN I BOUGHT MY PROPERTY. I KNEW THAT THE MASTER PLAN FOR THE WHOLE AREA INVOLVED OFFICE SPACE IN THAT PARTICULAR DEAL. AND I THINK IN THIS INSTANCE, RATHER THAN TAKING THE SELFISH NOT IN MY BACKYARD APPROACH AND SAYING I DON'T WANT ANY DEVELOPMENT ON THAT TRACT BECAUSE IT'S GOING TO RUIN MY VIEW, THAT I NEED TO BEND TO WHAT IS GOOD FOR THE AREA AS A WHOLE. AND THEREFORE I THINK THAT WHAT IS BEING PROPOSED TO YOU TONIGHT IS GOOD FOR THE AREA AS A WHOLE FOR THREE VERY PRACTICAL REASONS. NUMBER ONE, THE TOTAL AMOUNT OF DEVELOPMENT WILL BE LESS THAN WHAT I BELIEVE STRATUS IS LEGALLY ENTITLED TO DO UNDER 1704. SECONDLY, WE'RE APPROACHING THIS FROM THE STANDPOINT OF A COORDINATED PLAN FOR THE WHOLE AREA. THIS IS NOT A PIECEMEAL APPROACH, TAKE THIS TRACT, DEVELOP IT. THERE IS A COORDINATED EFFORT TO ADDRESS THE NEEDS OF THE WHOLE AREA. AND NUMBER 3, IT'S THE BEST EFFORTS OF THOUSANDS OF HOURS OF YOUR STAFF'S TIME, AND THAT'S WHAT YOU EMPLOY THEM FOR. AND I RECOMMEND TO YOU AND URGE TO YOU THAT YOU CONSIDER FAVORABLE APPROVAL OF THE ZONING CHANGES AND THE SETTLEMENT AGREEMENT. THANK YOU. [ APPLAUSE ]

Mayor Garcia: THANK YOU. MR. MONCADA SIGNED A CARD AND HAD TO LEAVE, SO HE LEFT A STATEMENT THAT I WANT TO READ INTO THE RECORD. MY NAME IS PHIL. I AM CURRENTLY AN ENVIRONMENTAL BOARD MEMBER AND A LIFELONG RESIDENT OF AUSTIN. I'M HERE TO SUPPORT THE STRATUS AGREEMENT. IT WOULD BE UNFORTUNATE TO MISS THE OPPORTUNITY TO INCREASE GREEN SPACE IN THIS PORTION OF THE CITY AND IT HAS THE OPPORTUNITY FOR THE LADY BIRD JOHNSON WILDFLOWER RESEARCH CENTER TO ADD THREE PARCELS TO THEIR EXISTING SITE. WE ALSO HAVE AN OPPORTUNITY TO DO RESEARCH IN ASSOCIATION WITH THE WILDFLOWER CENTER REGARDING MITIGATION OF RUNOFF FROM LOOP 1. IN CLOSING, WITH THE WILDFLOWER CENTER'S OPPORTUNITY TO SECURE PARCEL NUMBER 113, WE WOULD IMPROVE PUBLIC SAFETY BY RELOCATING THE ENTRANCE FROM LACROSSE TO A MORE NATURAL SETTING. AS YOU ENTER THEIR FACILITY. YOU WOULD ALSO BE ASSISTING WITH THE REMOVAL OF VEHICLES THAT CLOG ACCESS TO THE VELOWAY AND THE SUBDIVISION THAT LIE DIRECTLY NORTH OF THE CENTER. THANK YOU FOR YOUR TIME AND ALL THE WORK THAT HAS BEEN DONE BY THE CITY STAFF AND ALL THE BOARDS AND COMMISSIONS. AND NOW IT'S TIME FOR AMY RUPP. AND YOU HAVE 15 MINUTES. YOU DON'T HAVE TO USE THEM, BUT YOU HAVE 15 MINUTES.

I WOULD LIKE TO USE THEM. I FEEL IT WOULD BE PRODUCTIVE. I WOULD LIKE TO BEGIN READING FROM THE AUSTIN BUSINESS JOURNAL DATED FEBRUARY 1997. LOCAL POLITICIANS HAVE USED FREEPORT AND BRADLEY AS EXAMPLES OF DEVELOPERS WHO CONSIDER THEMSELVES TO BE ABOVE AUSTIN'S RULES OF DEVELOPMENT. THEIR CLAIMS STEMS IN LARGE PART FROM THE FACT THAT BOTH DEVELOPERS IN THE PAST TWO YEARS HAVE CONVINCED THE TEXAS LEGISLATURE TO RELEASE THEIR DEVELOPMENTS FROM THE CONTROL OF CITY OF AUSTIN REGULATIONS. AND WHILE FREEPORT MAY HAVE REFORMED, THEY HAVE ATTACKED US IN THE LEGISLATURE: [ INAUDIBLE ] IN A STORY TWO YEARS AGO IN A NEWSPAPER LABELED BRADLEY IS AUSTIN PUBLIC ENEMY NUMBER 2 BEHIND ONLY FREEPORT PRESIDENT JIM BOB MOFFETT. IN THE REAL ESTATE CRASH OF THE '80'S WHEN BRADLEY FEARED HE WOULD LOSE THE CIRCLE C RANCH DEVELOPMENT HE HAD FOUNDED, FREEPORT BACKED THE LOANS THAT KEPT THE DEVELOPMENT OUT OF BUPT BANKRUPTCY. IN EXCHANGE BRADLEY GAVE THEM THE RIGHT TO BUY THE LAND. BRADLEY FAILED TO MAKE A SCHEDULED PAYMENT ON THE LAND AND FREEPORT STILL OWNS THE COMMERCIAL PROPERTY. NOW, OUR HOMEOWNERS ASSOCIATION WILL ASSERT TO YOU THAT THEY HAVE NEGOTIATED WITH STRATUS ALL THESE WONDERFUL SETBACKS AND ARCHITECTURAL CONTROLS, BUT THERE'S ONLY ONE PROBLEM. WHY IN THE HECK DIDN'T YOU DEED RESTRICT AND PROTECTIVE COVENANT THAT LAND BEFORE YOU SOLD IT? WE WOULD NOT BE HERE TONIGHT. SO I DON'T HERE ANYTHING ABOUT ALL THE WONDERFUL THINGS THAT AT THAT TIME EVERY OFFICER OF THE CIRCLE C HOMEOWNERS ASSOCIATION WAS A BRADLEY DEVELOPMENT EMPLOYEE. EVERY SINGLE ONE! [ APPLAUSE ] YOU COULD HAVE SAVED THE ENTIRE CITY A LOT OF TIME BECAUSE ANY DEVIANCE FROM ANY PROCESS IS COSTLY. SO I DON'T WANT TO HEAR ABOUT HOW CIRCLE C SCRAMBLED TO GET SOME OF THE RIGHTS BRADLEY SOLD AWAY. WE SHOULD HAVE HAD THOSE RIGHTS UNDER OUR M.U.D. AGREEMENT WHICH THE CITY IS SUPPOSED TO BE ENFORCING. WHEN I BOUGHT MY LAND IN '93, I AGREED TO EVERY SINGLE ONE OF THOSE THINGS AND I HAVE COMPLIED. TO THE POINT THAT I HAVE A GREEN LAWN EVEN IF IT'S A DROUGHT. I TRY TO TAKE UP ALL THE WEEDS EVEN THOUGH I DO NOT USE ANY CHEMICALS ON MY LAWN AND THROUGH INTEGRATED PEST MANAGEMENT HAVE A .44-ACRE LOT AND COMPLY WITH S.O.S. SO I DON'T WANT TO HEAR THAT. PLEASE -- IT DOES NOT MAKE ANY SENSE WHY PUT US THROUGH -- I WOULD LIKE AN EXPLANATION FROM THE PEOPLE FROM THE CIRCLE C HOMEOWNERS ASSOCIATION BOARD AS TO WHY THIS LAND WASN'T RESTRICTIVE COVENANTED AND DEED RESTRICTED THE WAY EVERY BIT OF LAND IN THAT M.U.D. WAS SUPPOSED TO BE. I DON'T HEAR ANYTHING. I DON'T HEAR ANYTHING ABOUT ARCHITECTURAL CONTROL, I DON'T HEAR ANYTHING ABOUT LAND USE. I HAD TWO COLORS OF SHIELDS TO PICK FROM, GUYS, TWO. TWO COLORS, NOT KIND, COLORS. WHY DIDN'T THEY PROTECT THE COMMERCIAL LAND IN THE SAME WAY!!?? IT WAS BECAUSE THEY WANTED MORE MONEY FOR BRADLEY AND THEY DID NOT CARE ABOUT THE HOMEOWNERS AT THAT POINT. WE WERE SOLD DOWN THE RIVER SEVERAL TIMES. THAT WAS THE FIRST. THE OTHER ONE WAS 3193. SO WHEN YOU HEAR PEOPLE IN SUPPORT OF THE DEAL, THEY WERE SCRAMBLING TO GET BACK WHAT THEY SOLD AWAY. THEY HAD EVERY RIGHT TO RESTRICT THAT LAND. I'M ANGRY BECAUSE I LIVE THERE AND I'M TIRED OF THE SHE NAN BEGANS. SPEAKING OF ZONING, TRACT 101, I WAS IN THE STAKEHOLDER PROCESS. I ATTENDED EVERY MEETING. I HAVE A CONCERN BECAUSE ZONING WAS CHANGED TO ALLOW A PRIVATE MIDDLE SCHOOL THERE, WHICH WOULD BE A TRAFFIC ATTRACTOR. IT'S NOT JUST AUSTIN AISD, THE CONDITIONAL ZONING ALLOWS FOR A PRIVATE MIDDLE SCHOOL, WHICH WOULD NOT ALLEVIATE THE OVERCROWDING AT BAILEY AND WOULD BE A TRAFFIC ATTRACTOR. TRACT 102, THERE ARE PEOPLE THAT LIVE ON THREE ACRE LOTS, FIVE OF THEM, THAT HAVE LIVED THERE FOR YEARS AND YEARS AND THEY WANT STORAGE BUILDINGS NEXT TO THEM? STHAS NOT COMPATIBILITY. TRACT 103, THAT IS WHERE BUCKETING BECAME PIG TROUGH BECAUSE THAT'S WHERE YOU GOT STUCK WITH ALL THE IMPERVIOUS COVER. AND WHILE THE CITY MAY REALLY BELIEVE THAT BUCKETING IS GOOD AND THEY CONVINCED THE REST OF US THAT'S GOOD, BUT THESE POOR PEOPLE ARE THE ONES THAT GOT ALL THE IMPERVIOUS COVER AND THAT'S WHY THEY'RE MAD. I'M SURE THEY'LL TELL YOU MORE ABOUT THAT. 106, -- 104 AND 105 ARE CURIOUSLY SUPPOSED TO GO TO THE CIRCLE C HOMEOWNERS ASSOCIATION. THEY ARE GOING TO GET THE I AND THE ZAP SAID WE'RE USING PUBLIC MONEY. CAN WE USE IT FOR PARKS? I WAS TOLD THAT PARKS WASN'T INTERESTED IN THAT LAND. I PUSHED THE CASE. I SAID WE'RE ALREADY PAYING CIRCLE C TO MAINTAIN A HUGE STRIP OF RIGHT...... RIGHT-OF-WAY ALONG SLAUGHTER AS PART OF THE BRADLEY SETTLEMENT? WE'RE ALREADY PAYING TO MAINTAIN PART OF THAT LAND. I'M VERY GLAD THAT THE CITY GOT THE PARKLAND, BUT I WANT TO MAKE SURE YOU KNOW WHO DID THAT. BECAUSE IT WASN'T THE CIRCLE C HOMEOWNERS ASSOCIATION. THE GAS STATION NEXT TO A PIPELINE THROORKS A LOT OF CONCERN THERE, THAT WOULD BE TRACT 106. TRACT 108, A GROCERY STORE ALONG BRODIE LANE WHERE TEENAGERS HAVE HAD THE UNFORTUNATE LANE OF KILLING THEMSELVES. YOU CAN GO LOOK AT THE CROSSES IN THE MEDIAN. I HAVE SERIOUS CONCERNS ABOUT TRAFFIC BECAUSE I DISAGREE. WE'RE ALREADY AT CAPACITY AT BRODIE AND THE TRAFFIC IMPROVEMENTS THAT THE CITY HAS FUNDED WILL NOT BE IN PLACE NECESSARILY BEFORE THE DEVELOPMENT KICKS OFF. THE SAME CONCERN IS ECHOED ALONG 1826, WHICH IS DEFINITELY AT CAPACITY RIGHT NOW. AND THERE ARE NO PLANS TO WIDEN IT. THERE IS NO FUNDING AND NOBODY IS STEPPING UP TO SAY THEY'RE GOING TO DO IT ANYWHERE SOUTH OF SLAUGHTER. FROM SLAUGHTER TO THE BEAR LAKE P.U.D. IS GOING TO BE A DEATH TRAP. TXDOT, THERE'S ONLY 80 FEET THERE, MAYBE 20 -- 200 FEET OF RIGHT-OF-WAY. I TALKED TO THEM FOR 10 YEARS ABOUT THAT ROAD AND THEY SAID THEY CAN'T AFFORD TO WIDEN IT. AND IT CONCERNS ME TO HAVE A TWO-LANE COUNTRY ROAD LABELED A MAJOR ARTERIAL. THAT MIGHT BE WHAT IT IS IN THE CAMPO PLAN, BUT RIGHT NOW IT'S A TWO-LANE COUNTRY ROAD. TRACT 110, THE TRACT THAT BORDERS US. I DID NOT BUY MY HOUSE IN CIRCLE C, SO IT BE NEVER BE MULTI-FAMILY AND OFFICE BUILDINGS. I BOUGHT MY HOUSE THINKING THAT THE CITY COUNCIL WOULD PROTECT ME WITH S.O.S. AND WOULD REQUIRE ALL NEW DEVELOPMENT TO COME INTO COMPLIANCE WITH THE WATERSHED ORDINANCES AT THE TIME. I DIDN'T ANTICIPATE HOSTILE DEVELOPERS GOING TO THE LEGISLATURE AND BRIBING THEM OF CAMPAIGN CONTRIBUTIONS TO PASS A LAW. I EXPECTED OUR COUNCIL TO ENFORCE THAT, BUT NO, I DIDN'T ANTICIPATE HAVING OFFICE SPACE HERE AND MULTI-FAMILY THERE. I QUESTIONED THE BILL ABOUT PLANS ADJACENT TO MY LAND AND WAS LIED TO AND MISLEAD. AND I WAS SHOUTED DOWN AND THREATENED WITH A LAWSUIT WHEN I QUESTIONED AT A PUBLIC MEETING WITH THE HOMEOWNERS ASSOCIATION I PAY SEVERAL HUNDREDS OF DOLLARS IN DUES A YEAR FOR THE PRIVILEGE OF BEING EXCLUDE.

[ONE MOMENT, PLEASE, FOR CHANGE IN CAPTIONERS]

AND SHE SAID SHE HAD SERIOUS PROBLEMS WITH THIS DEAL AND SHE PROBABLY WOULD EVEN AFTER SHE VOTED. THAT DOES NOT SOUND LIKE A UNANIMOUS MEETING TO ME. ONE HOMEOWNER NEAR 102 WAS TOLD, SORRY, YOU YOU WEREN'T NOTIFIED BECAUSE YOU LIVE IN THE COUNTY. THAT WAS HIS RESPONSE FOR HIS PLEA NOT PUTTING STORAGE BUILDINGS NEXT TO THE LAND BY HIMSELF. THE TASK FORCE PROCESS WAS REALLY NOT ALL THAT PRETTY, AND WHEN WAS THE LAST SAPCO MEETING AND I ENCOURAGE YOU TO WATCH THAT MEETING, ALL FIVE AND A HALF HOURS OF IT, AND GET A FEEL FOR WHAT THE PEOPLE IN THE AUDIENCE WAS SAYING, AND THEN LOOK AT THE INTERNAL STRUGGLES WITHIN THAT BOARD. (INAUDIBLE) COULD NOT ANSWER A QUESTION ABOUT THE 30 YEAR BECAUSE THERE WERE SEVERAL LAWYERS THAT WORKED ON THIS FIELD? THAT MADE ME REALLY UNCOMFORTABLE TO GO TO A ZONING MEETING WHERE WE HAD NOBODY TO ANSWER QUESTIONS. I BELIEVE THAT THIS LAND WILL BE DEVELOPED. I BELIEVE THERE'S A BETTER PLAN. I BELIEVE THAT BY HAVING A COMPREHENSIVE REGIONAL NEIGHBORHOOD, AND I DON'T MEAN JUST CIRCLE C, BUT EVERYBODY IN THAT AREA THAT IS ADJACENT TO THOSE PROPERTIES, BY HAVING A COMPREHENSIVE NEIGHBORHOOD PLAN LIKE THE ONE ABOUT MILLER INFILL, BECAUSE, REMEMBER, WE WERE GOING TO SWITCH FROM A STRATUS TO MILLER, HOPEFULLY. WE WANT THAT SAME KIND OF PROCESS, AND WE WERE TOLD, OH, YOU'RE YEARS AWAY FROM THAT. WHY NOT NOW? I DON'T UNDERSTAND WHY IT CAN'T BE NOW. OH, BECAUSE THEY'RE WORKING FROM THE CORE OF THE CITY OUT. BUT ISN'T SOME OF THE MOST CONTROVERSIAL DEVELOPMENT WHERE WE LIVE? AND IF WE ARE THE ONES WHO ARE SUPPOSED TO BE GOOD STEWARDS OF THE AQUIFER, WOULDN'T IT BE IMPORTANT TO GET US INVOLVED AS SOON AS POSSIBLE INSTEAD OF SAYING WAIT? BECAUSE I'VE CHANGED MY PART OF THE NEIGHBORHOOD. THEY WANT TO AGREE WEED, NOT MARIJUANA, BUT WEEDS. MAYBE THIS SUMMER I'LL HAVE TO SPRAY PAINT MY LAWN GREEN. I DON'T KNOW. I DON'T KNOW WHAT YOU DO WHEN YOU HAVE HOMEOWNERS ASSOCIATIONS WHO TELL YOU TO FEATHERALIZE THE HELL OUT OF YOUR LAWN AND WATER IT. [ APPLAUSE ]

HOW DO YOU RECTIFY THAT? HOW DO YOU RECONCILE THAT? YOU KNOW, ALL US NEED TO BE STEWARDS OF THAT LAND BUT SOME OF US ALREADY ARE AND SOME OF THE PEOPLE THAT ARE BACKING -- IN FACT THE ONLY NEIGHBORHOOD ASSOCIATION VOCHALLY BACKING THIS DEAL IS THE ONE WHO WATERS WHEN IT'S JUST RAINED. WHO TELLS ITS RESIDENTS DON'T N US TO THE CITY COPS, CALL US FIRST. 109 IS LIKE A GREEN BELT, HOMEOWNERS THOUGHT IT WAS A GREEN BELT AND YET STRATUS GETS TO USE THAT EMPERK BECAUSE NOBODY USED IT BEFORE. THE RESIDENTS WERE TOLD FROM DAY ONE THAT IT WAS GOING TO BE A GREEN BELT. HOW CAN STRATUS COME IN AND SAY, IT'S OUT SO WE CAN BUILD IT SOMEWHERE ELSE.

[ APPLAUSE ]

I VOTE AND I AGREE PLANTS XERISCAPELLY AND ORGANICALLY. IT PUZZLES ME THAT YOU AS REPRESENTATIVES OF GOVERNMENT AND AS PROTECTORS OF THE CITY AND ITS RESOURCES WOULD WANT TO ALLOW POLLUTION IN OUR WATER, FLORA AND FAUNA WE BOTH KNOW DEPEND ON IT, AND YOU KNOW THAT WATER IS A BARGAINING CHIP IN DESSERT COUNTRIES AND IT CAN BE A BARGAINING CHIP IF WE TURN AUSTIN, SAN MARCOS, SAN ANTONIO, THE HILL COUNTRY, AND THE COUNTRY ALL AROUND IT INTO A DESERT UNLESS WE'RE CAREFUL. IT'S ACTUALLY MORE VALUABLE THAN MONEY AND WE KNOW THAT A LOT OF TIMES DEVELOPERS JUST COME IN TO AN ENVIRONMENT AND MAKE A LOT OF MONEY AND LEAVE. AND THEY CARE LITTLE ABOUT WHAT HAPPENS AFTER THEY MAKE THEIR PROFIT. AND I THINK THAT IT'S TO EVERYONE'S ADVANTAGE THAT THE COUNCIL CARE ABOUT ITS CITIZENS AND ITS RESOURCES AND RATHER THAN HAVE PRIVATE FINANCIAL DEALS WITH DEVELOPERS, FIND OTHER WAYS TO MAKE MONEY AND TO PAY FOR CITY SERVICES AND TO MAKE THE CITIZENS AWARE OF WHAT'S HAPPENING AND ENCOURAGE CITIZENS TO FULLY PARTICIPATE IN WHAT IS HAPPENING IN THE CITY. THANK YOU. [ APPLAUSE ]

I HAD INDICATED THAT YOU WERE GOING TO SPEAK AFTER, BUT YOU GAVE YOUR TIME TO AMY ROBB, SO -- AND SHE SPOKE HER FIFTEEN MINUTES. MR. MARK KIRK PATRICK -- WAIT A SECOND. I NEED TO REARRANGE THIS. PAM THOMPSON, STEVA NAVMENT RAY, SUSAN ALMANS AND NEAL (INAUDIBLE) ARE AHEAD OF -- PAM THOMPSON, IS SHE HERE? JUST A SECOND. WE ARE NOT QUITE READY FOR YOU.

OKAY.

IS MS. THOMPSON HERE? OKAY. MR. RAY, STEFAN RAY? SUSANA ALMANSA. NEAL (INAUDIBLE)? NOW YOU'VE GOT FIFTEEN MINUTES.

OKAY. I'M NOT SURE I'M GOING TO BE ABLE TO USE THOSE MINUTES BECAUSE I UNLIKE OTHER OCCASIONS OVER THE PAST TEN YEARS THAT I'VE BEEN COMING TO COUNCIL, THERE'S NO OPTION TO PRESENT SLIDES, THERE'S NO SCREEN, AND I DID BRING SLIDES, SO I CAN WING IT UNTIL THAT HAPPENS, IF IT CAN HAPPEN. I WOULD LIKE TO USE THE SLIDES. SO I'M GOING TO BE WINGING IT, THOUGH, BECAUSE I WAS GOING TO USE THE SLIDES TO KIND OF GUIDE ME.

(INAUDIBLE)

ALL RIGHT, LET ME SEE WHAT I CAN DO.

THANK YOU. SO LET'S SEE, I WAS GOING TO FINISH WITH THIS BUT I BELIEVE I'LL BEGIN WITH IT BECAUSE I THINK IT'S ONE OF THE MOST POTENT ENVIRONMENTAL STATEMENTS I'VE EVER -- I'VE EVER HEARD. BEFORE I DO THAT, I WOULD LIKE TO SAY THANK YOU FOR THE OPPORTUNITY TO SPEAK AND BY WAY OF MY PERSONAL HISTORY, I'VE SPENT MY ENTIRE ADULT LIFE WORKING AGAINST FREE PORT, WHICH IS WHO WE ARE TALKING ABOUT NOW. THEY HAD TO RENAME IT. PEOPLE KNEW THEM FOR WHAT THEY WERE. THEY WERE THE NATION'S NUMBER ONE WATER POLLUTER FOR SEVERAL YEARS COMING. THEY'RE A COMPANY THAT HAS DISPLACED AN ENTIRE PEOPLE, WEST INDIA. THESE PEOPLE HAVE BEEN RELOCATED, HAVE DIED OF DISEASE AND HAVE BEEN ASSAULTED BY THE INDONESIAN MILITARY ON BEHALF OF THEM. SO THAT IS WHO FREE PORT MACMARAN IS.

SO YOU KNOW HOW TO ORGANIZE YOUR TIME, THE DILEMMA IS THEY DON'T HAVE THE MACHINES ANYMORE THAT DO SLIDE CAROUSEL, THEY DO POWERPOINT AND OTHERS. I'M NOT GOING TO BE ABLE TO HELP YOU GET THE SLIDES UP.

THAT'S ALL RIGHT. THANKS FOR TRYING. SO IN LIEU OF HAVING SLIDES, I'LL JUST GO FROM NOTES THAT I HAVE HERE. SO THAT'S WHY THEY HAD TO RENAME FREEPORT BECAUSE PEOPLE CAME TO KNOW THEM AS A HIGHLY IRRESPONSIBLE COMPANY THAT WAS DISRESPECTFUL OF HUMAN LIFE, OF THE ENVIRONMENT AND OF OUR SHARED FUTURE. THAT'S WHY THEY RENAMED IT, SO IF I USE FREEPORT THROUGHOUT THIS SPEECH IT'S BECAUSE I WOULD LIKE TO MAKE THE POINT THAT THIS IS THE SAME COMPANY. THEY MERELY MOVED IT OFF TO THE SIDE AND CHANGED SOME OF THE NAMES ON THE PAPERWORK TO CONFUSE THE ISSUE. IT'S BEEN VERY EFFECTIVE. A LOT OF PEOPLE DON'T KNOW WHAT'S GOING ON ANYMORE. SO I THINK TO GIVE YOU AN IDEA OF WHAT THEY'VE DONE TO THE FOLKS OVER IN WEST PAPUA, I WILL READ TO YOU A LITTLE BIT FROM TOM BEINAL WHO IS THE LEADER OF THE TRIBAL COUNCIL OF THE PEOPLE WHO HAVE BEEN PRIMARILY IMPACTED BY FREEPORT'S OPERATION THERE AND HE SAYS, INC., THESE COMPANIES HAVE TAKEN OVER AND OCCUPIED OUR LAND. EVEN THE MOST -- SORRY. "EVEN THE SACRED MOUNTAINS WE THINK OF AS OUR MOTHER HAVE BEEN TORN UP BY THEM AND THEY HAVE NOT BE FELT THE LEAST BIT GUILTY. WE HAVE NOT BEEN SILENT, WE PROTEST AND BEEN ANGRY. WE'VE BEEN ARRESTED, BEETEN AND PUT INTO CONTAINERS. IT'S ALSO SAID THAT WITH OUR OWN COUNTRY SOLDIERS ACTING AS GO BETWEENS. OUR ENVIRONMENT HAVE BEEN RUINED, OUR FORRESTS AND POLLUTED BY WASTE. THE FORREST WHICH SERVE AS OUR PRIMARY FOOD SOURCE HAVE BECOME TRY. THE ANIMALS WE HAVE HUNTED IN THE PAST HAVE DISAPPEARED SO WE NO LONGER KNOW WHERE TO HUNT. OUR SETTLEMENTS ARE COVERED WITH SO MUCH SAND THAT OUR PEOPLE HAVE BEEN SCATTERED APART. ONE MOVES HERE, ONE MOVES THERE. OUR WATER IS SO CONTAMINATED BY CHEMICALS SO WE CAN NO LONGER DRINK IT. THE LAND IN THE HIGHER ELEVATIONS HAS DISAPPEARED BECAUSE IT'S BEEN PILED HIGH WITH HUGE ROCKS. WE'VE ONLY GOTTEN INSULTS, TORTURE, ARRESTS, KILLINGS, FORCED EVIKZS FROM OUR LAND, IMPOVERISHMENT, AND ALIEN NATION FROM OUR OWN CULTURE. THIS HAS BEEN GOING ON FOR THE PAST 30 YEARS. THAT IS TOM BEINAL OF THE PEOPLE OF WEST PAPUA WHERE FREEPORT HAS A HUGE GOLD MINE. SO NOT ONLY ARE THEY ATTEMPTING TO KILL SOMETHING THAT IS VERY NEAR AND DEAR TO OUR HEART HERE IN AUSTIN, THEY'RE MAKING TROUBLE FOR PEOPLE IN OTHER PARTS OF THE WORLD, AND THE RECORD IN AUSTIN HAS BEEN CONSISTENTLY ATTACKING OUR CITY IN THE COURTS, IN THE LEGISLATURE, IN EVERY WAY IMAGINABLE, THEY'VE COME AFTER OUR CITY EVER SINCE THEY BOUGHT THAT LAND IN 1988 AND THERE'S FAR MORE DETAIL THAN I CAN GET TO TONIGHT. AN INCIDENT IN APRIL OF 1983 WHEN THEY SPILLED 4,000-GALLONS OF SEWAGE INTO BARTON CREEK CAUSING A 3 MILLION LONG ALGAE BLOOM WHICH BY LAW THEY ARE REQUIRED TO REPORT IMMEDIATELY. THEY WAITED A MONTH. AND WITH REGARD TO THE AQUIFER IN THE PERIOD THAT WE'VE BEEN FIGHTING OVER THIS, THE WATER QUALITY HAS CONSISTENTLY DECLINED, THE NUMBER OF DAY THE POOL HAS BEEN CLOSED DUE TO HIGH COUNTS HAS RIZEN, OTHER POLLUTANTS VERY AWFUL THINGS HAVE BEEN FOUND IN BARTON SPRINGS AND WE'VE BEEN SAYING EVENTUALLY THE BARTON SPRINGS SALAMANDER IS GOING TO GO, THAT'S WHEN WE KNOW WE'LL BE IN TROUBLE. AND LO AND BEHOLD, THAT'S WHAT WE ARE EXPERIENCING THIS YEAR. SO THE TEXAS WATER COMMISSION, WHICH IS NOW ROLLED INTO THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION DECLARED THE EDWARDS AQUIFER THE AQUIFER IN TEXAS MOST VULNERABLE TO POLLUTION. IT'S A VERY SMALL AQUIFER. IT BASICALLY ONLY GOES TO BUDA. THIS ACTION IS DISTINCT FROM THE REST OF THE AQUIFER SO IT'S NOT GOING TO BE HARD TO RUIN IT AND IN MY OPINION, IF WE DON'T STOP NOW, IF THE DEVELOPMENT COMMUNITY DOESN'T FIND A CONSCIENCE AND BEGIN TO DO SOMETHING OTHER THAN SEEK THEIR OWN ENRICHMENT, WE CAN SAY GOODBYE TO THE BARTON SPRINGS EDWARDS AQUIFER. IT'S JUST A MICROKOSM, IT'S JUST OUR LITTLE SPACE BUT I THINK IT'S INDICATIVE OF WHAT IS HAPPENING ACROSS THE ENTIRE PLANET. ON THAT NOTE I WOULD LIKE TO READ SOMETHING FROM THE WORLD SCIENTIST WARNING TO HUMANITY. THIS CAME OUT IN 1993. IT WAS SIGNED BY OVER 1670 SCIENTISTS INCLUDING 104 NOBEL LAUREATES, A MAJORITY OF THE RECIPIENTS OF THE PRIZE. THEY CAME FROM ASIA, EUROPE, AND LATIN AMERICA. I'M GOING TO READ YOU A COUPLE OF PARAGRAPHS OF IT. HUMAN BEINGS IN THE NATURAL WORLD ARE ON A COLLISION COURSE. THEY INFLICT OFTEN HARSH AND IRREVOCABLE DAMAGE ON CRITICAL RESOURCES. IF NOT CHECKED MANY OF OUR PRACTICES PUT AT RISK THAT WHICH WE WISH FOR HUMAN SOCIETIES AND MAY SO ALTER THE LIVING WORLD THAT IT WILL BE UNABLE TO SUSTAIN LIFE IN THE MANNER THAT WE KNOW. FUNDAMENTAL CHANGES ARE URGENT IF WE ARE TO AVOID THE COLLISION OUR PRESENT COURSE WILL BRING ABOUT. REMEMBER. THIS WAS WRITTEN IN '93. NO MORE THAN ONE OR A FEW DECADES REMAIN BEFORE THE CHANCE TO AVERT THE THREATS WE NOW CONFRONT WILL BE LOST AND THE PROSPECTS FOR HUMANITY IMMEASURABLY DIMINISHED. WARNING. WE, THE UNDERSIGNED SENIOR MEMBERS OF THE WORLD SCIENTIFIC COMMUNITY HERE BY WARN ALL HUMANITY OF WHAT LIES AHEAD, A GREAT CHANGE IN OUR STEWARDSHIP IS REQUIRED. IF VAST HUMAN MISERY IS TO BE AVOIDED AND OUR GLOBAL HOME ON THIS PLANET IS NOT TO BE IRRETRIEVABLY MUTILATED. THAT WAS 9 YEARS AGO WHEN THEY SAID WE HAD ONE OR A FEW DECADES TO WORK ON THIS PROBLEM. OKAY. IT'S BEEN SAID THAT THIS AGREEMENT WAS NEGOTIATED. I DON'T THINK THAT IS AN APPROPRIATE TERM. I THINK NEGOTIATION UNDER THREAT IS NOT NEGOTIATION. IT'S THE DICTATION OF TERMS OF SURRENDER BY AN AGGRESSOR. [ APPLAUSE ] AND UNDER THE CORPORATE WELFARE ANGLE, THE $15 MILLION THAT WE ARE HAVING TO FORGIVE FOR FREEPORT, COULDN'T THAT BE USED TO KEEP SYSTEM OF THE LIBRARIES OPEN THAT WE ARE HAVING TO CLOSE DOWN ONE DAY A WEEK? [ APPLAUSE ] MAYBE GET -- MAYBE GIVE KIDS SOMETHING WHOLE SOME TO DO. I DON'T KNOW, THERE'S PROBABLY A FEW OTHER PROBLEMS IN OUR CITY THAT THAT MONEY COULD GO TO. AND ESPECIALLY PAYING BY THE WILD FLOWER CENTER ANGLE, I WAS AFRAID OF THIS WHEN THEY LOCATED DOWN THERE THAT THEY WOULD GET DRAWN INTO THIS SORT OF SITUATION, AND I'M A PROFESSIONAL LANDSCAPE RESTORATIONIST AND NATIVE LANDSCAPER, SO I SPEND ALL OF MY TIME WORKING ON THE VERY SAME THINGS THE WILD FLOWER CENTER WORKS ON AND I HAVE TREMENDOUS RESPECT FOR THEIR WORK AND TREMENDOUS -- I'M GLAD THEY'RE OUT THERE DOING WHAT THEY'RE DOING AND IT SICKENS ME TO SEE THEM IN THE MIDDLE OF A SITUATION LIKE THIS. I THINK IT'S SAD AND I THINK THEY WERE PUT UNDER TREMENDOUS PRESSURE BY FREEPORT. SO IN SUMMARY, WHAT DOES FREE PORT STRATUS, THE REST OF THE DEVELOPMENT COMMUNITY WANT? THEY WANT THE RIGHT TO DEVELOP OUT THERE UP TO THEIR LEGAL LIMIT AND THEY WANT TO EXPAND THEIR LEGAL LIMIT BY ATTACKING US IN THE LEGISLATURE. THEY DON'T REALLY SEEM THAT SENSITIVE TO THE CONCEPT OF SAVING THE AQUIFER. WHAT THE AVERAGE WORKING CLASS AUSTINITES WANT? WE WANT BARTON SPRINGS HAS IT'S BEEN FOR THOUSANDS OF YEARS. PEOPLE OF NOT GREAT MEANS CAN GO THERE AND MEET AND ENJOY COMMUNITY WITH OTHER PEOPLE. IT'S A VERY SPECIAL THING FOR PEOPLE WHO DON'T HAVE A LOT OF OTHER SPECIAL THINGS IN THEIR LIVES. SO THESE THINGS ARE MUTUALLY EXCLUSIVE. FREEPORT AND THE REST OF THE DEVELOPMENT COMMUNITY CANNOT HAVE WHAT THEY WANT WITHOUT DESTROYING WHAT THE REST OF US WANT OR WHAT THE VAST MAJORITY OF AUSTINITES HAVE SAID TIME AND TIME AGAIN THAT WE WOULD -- THAT WE WANT. SO I WOULD DESCRIBE FREEPORT AS A CLASSIC PREDATOR. THEY'RE PREYING UPON THE FUTURE HEALTH OF OUR ENVIRONMENT AND UPON PEOPLE WHO DON'T HAVE THE POWER TO RESIST THEM. IN WEST PAPUA, IN NEW ORLEANS WHERE THEY'VE BEEN DUMPING THINGS INTO TO CANCER ALLEY AND CAUSING UNTOLD SUFFERING THERE. ALL ACROSS THIS NATION THEY WERE THE NUMBER ONE WATER POLLUTER. REMEMBER? THEY'RE A PREDATOR. THEY EXHIBIT THE BEHAVIOR OF A SCHOOL YARD BULLY OR IN PSYCHOLOGICAL TERMS, A SOCIOPATH, A PERSON WHO CONSISTENTLY ENGAGES IN BEHAVIORS THAT ARE HURTFUL TO THE COMMUNITY. AND FINALLY, I WOULD LIKE TO SAY SOMETHING FOR YOUNGER FOLKS. I KNOW THERE'S LOTS OF OLDER FOLKS WHO CARE ABOUT THIS STUFF, BUT ESPECIALLY FOR YOUNGER FOLKS LOOKING AT THE REST OF YOUR LIVE, THIS PREDATOR IS PREYING ON YOUR FUTURE, ON ALL OF OUR FUTURES AND YOU'RE GOING TO LOSE THE MOST. YOUR CHILDREN -- YOU MAY NOT BE ABLE TO TAKE THEM TO BARTON SPRINGS. IF YOU'RE LUCKY, THEY WILL AGREE UP HEALTHY, ALTHOUGH THAT IS GROWING INCREASINGLY IMPROBABLE IN THIS WORLD. I'M GOING TO FINISH WITH A QUOTE FROM RACHEL CARSON, SHE WAS THE WOMAN WHO WROTE THE BOOK SILENT SPRING THAT ALERTED US TO THE DANGER OF DDT, THE WAY IT WAS KILLING ALL OF THE BIRDS, SHE SAID IN 1963 WE STILL TALK IN TERMS OF CONQUEST. WE STILL HAVEN'T BECOME MATCH ENOUGH TO THINK OF OURSELVES AS ONLY A TINY PART OF A VAST UNIVERSE. MAN'S PART OF NATURE IS TODAY CRITICALLY IMPORTANT SIMPLY BECAUSE WE'VE ACQUIRED A POWER TO DESTROY NATURE. BUT MAN IS A PART OF NATURE AND THIS WAR AGAINST NATURE IS INEVITABLY A WAR AGAINST HIMSELF. NOW I TRULY BELIEVE THAT WE IN THIS GENERATION MUST COME TO TERMS WITH NATURE AND I THINK WE ARE CHALLENGED AS MAN KIND HAS NEVER BEEN CHALLENGED BEFORE TO PROVE OUR MATURITY AND OUR MASTERY, NOT OF NATURE, BUT OF OURSELVES. THANK YOU. [ APPLAUSE ]

Mayor Garcia: THANK YOU. [CHEERING AND APPLAUSE]

Mayor Garcia: THE COUNCIL RULES STATE THAT IF WE GO BEYOND 10:00 WE HAVE TO HAVE A MOTION TO WAIVE THAT RULE SO I ENTERTAIN A MOTION TO DO THAT. MOTION BY THE MAYOR PRO TEM AND THE COUNCILMEMBER WYNN. THE RULE IS WAIVED. MR. BILL AKIN AND FOLLOWING MR. AKIN, MR. MARK KILL.....KIL PATRICK.

WAS THAT NEAL KIRKPATRICK THAT JUST SPOKE.

Mayor Garcia: MR. NEAL TETRA.

THANK YOU, NEAL, FOR THOSE KIND WORDS, I HAVE A LOT OF RESPECT FOR WHAT HE SAID. I HAVE TO THANK BILL BUNCH FOR HIS EXTREME OCCASIONS ON OCCASION WHICH BRINGS STRATUS OR FREEPORT TO THE TABLE FOR AN AGREEMENT. IT IS PEOPLE LIKE BILL AND ROBERT SINGLETON WHO SPEAK ELOQUENTLY AND AMY RUPP TO FORCE STRATUS TO COME TO THE TABLE, BECAUSE IF THEY WEREN'T HERE, STRATUS WOULD BUILD WHAT THEY WANTED TO BUILD. WE CAN'T HAVE THAT, WE'VE GOT TO PROTECT THE SPRINGS. I HOPE EVERYBODY UNDERSTANDS UP THERE WHERE THE PUBLIC IS COMING FROM. WE HAVE A HARD TIME NOT BEING IN THE LOOP LIKE Y'ALL HAVE BEEN IN THE LOOP FOR TWO YEARS. ALSO IN THIS DAY AND AGE IT'S HARD TO TRUST OUR POLITICIANS, OUR ELECTED LEADERS BECAUSE WE DON'T KNOW WHAT GOES ON BEHIND THE SCENES. IT'S ALSO HARD WITH THE LIKES OF ENRON AND WORLD COM AND ALL OF THESE CORPORATIONS AND THEIR CEO'S WHO DO WHAT THEY DO. IT'S HARD TO TRUST CEO OOOF CORPORATION. IT'S HARD TO TRUST STRATUS TO KNOW WHAT THEIR PRINCIPLES AND MOTIVES ARE. I DON'T KNOW THE BEST WAY TO PROTECT THE SPRINGS AT THIS TIME. IT'S A VERY DIFFICULT POSITION THAT WE ARE ALL IN. STRATUS OWNS THE LAND. WHAT ARE WE GOING TO DO? WE ARE HERE TONIGHT BECAUSE WE HAVE AN AGREEMENT THAT THEY WORK TWO YEARS ON AND THIS LADIES AND GENTLEMEN, IS THE FIRST READING. THERE'S GOING TO BE TWO MORE READINGS, WE HAVE TO BE HERE TWO MORE TIMES. I WANT EVERYBODY TO SHOW UP BECAUSE IT'S IMPORTANT THAT WE'RE HERE. IT'S IMPORTANT THAT THEY KNOW THAT WE STAND UP FOR THE SPRINGS. [ APPLAUSE ] SO WE ARE AT A STARTING POINT. THE STARTING POINT IS THE FIRST READING AND THIS AGREEMENT THAT WE HAVE BEFORE US. IT CAN BE IMPROVED BIG TIME. SO WE NEED TO COME UP WITH WAYS TO IMPROVE THIS AGREEMENT. I WOULD LIKE TO SEE THE LAWSUIT THAT S.O.S. HAS FILED TO GO THROUGH THE COURT AND LET'S HAVE SOME CLARITY HERE. YOU KNOW, I'M TIRED OF HEARING THE OPPOSING SIDE AND THE LAYPERSON DOESN'T UNDERSTAND WHICH SIDE IS RIGHT. I WANT TO BELIEVE S.O.S. IS THE GUIDING PRINCIPLE HERE BECAUSE THAT'S WHAT WE VOTED FOR IN 1990 AND IT SHOULD STAND UP IN MY OPINION. [ APPLAUSE ] I ATTENDED SOME OF THE OTHER MEETINGS, THE ZAP MEETINGS, AND SOME OF THE THINGS I HEARD COME OUT OF THAT MEETING I WANT TO SAY SOMETHING ABOUT. I CALL THEM FALLACIES OF THAT MEETING BUT I HEARD A CITY STAFF PERSON SAY THAT TRAFFIC WILL INCREASE ON SOUTH MOPAC BY 5 OR 6%, SOMETHING LIKE THAT, AND THEY ALSO SAID THAT IS NOT TOO SIGNIFICANT GIVEN THAT MOPAC CAN HANDLE LIKE THREE TIMES THAT MUCH. 5 OR 6% IS SIGNIFICANT IN MY MIND, THE STATE OF TEXAS AND THE FEDS ARE SPENDING A BILLION DOLLARS TO BUILD 130 TO REDUCE TRAFFIC ON I 35 BY 1%. WE TALKED ABOUT INSTALLING LIGHT RAIL HERE. AND THAT WAS GOING TO DECREASE TRAFFIC ON LAMAR AND MOPAC BY 5% SO IT IS SIGNIFICANT, ESPECIALLY OVER THE AQUIFER. AND 5% -- ONE MORE THING ABOUT 5%. HOW MANY TIMES WILL WE SELL 5% TO DEVELOPER, 5% DEG DATES.

Mayor Garcia: YOUR TIME IS UP, SIR.

THANK YOU. [ APPLAUSE ] MIRS MAYOR GARCIA LET ME READ INTO A RECORD A NOTE THAT MS. THOMPSON LEFT. SHE WAS NOT PRESENT WHEN I CALLED HER. .. ... THAN WHATEVER REASON THE GREEN SPACE IS DEVELOPED. PLEASE ASK STAFF TO IDENTIFY HOW MANY TIMES THIS HAS OCCURRED FOR WHATEVER REASON, BCCP, S.O.S., STATE LEGISLATURE RULE, DOESN'T MATTER, RESULTS ARE THE SAME. STAY WITH RR ZONING AND NO DOLLAR SIGNS. MR. BILL AKIN. UP E-MAIL SORRY. MARK KILPATRICK. THAT'S YOU. I GOT IT. IT'S BEEN A LONG EVENING.

MY NAME IS MARK KIRKPATRICK, I'M A PROFESSOR OF BIOLOGY AT THE UNIVERSITY OF TEXAS. I'M ONE OF THE COAUTHORS OF THE PUBLICATION THAT LISTED THE SALAMANDER AS ONE OF THE ENDANGERED SPECIES. THE LIST GOES AS FOLLOWS, ATROZINE, DIAZ NON, PROMATRON, DDT, DDE, DELTA BHC, ENDOSUL FINISH --

Mayor Garcia: HOLD IT JUST A SECOND. I HAVE 13 MINUTES TO THAT TIME THAT YOU HAVE, HE GETS FIFTEEN MINUTES.

I PROMISE YOU I WON'T NEED IT.

Mayor Garcia: THERE YOU GO. NOW YOU GOT IT.

INDO SULFIN, HEPTACHLOR, THAT IS NOT A LIST OF THE LATEST DESIGNER DRUGS, THOSE ARE SOME OF THE PESTICIDES, HERBICIDES AND BIPRODUCTS THAT HAVE BEEN SHOWING UP IN THE SPRINGS. DIAZANON HAS BEEN SHOWING UP IN THE SPRINGS. STROZINE IS A NERVE CRIED. ..............NERVICIDE. THE U.S. FISH AND WILDLIFE CONCLUDES THAT HIGH AREAS OF HABITAT IN THE POOL HAVE DECREASED IN RECORRECT YEARS BECAUSE OF DEPOSITION OF SILT AND SEDIMENT THAT SEDIMENT IS PLACED WITH POISONS, ARSENIC, CAD MYIUM, COPPER, MERCURY, AND SILVER COMING OUT OF THE SPRINGS, THOSE ARE LETHAL HEAVY METALS THAT ARE FOUND IN LEVELS THAT EXCEED THE TOXIC GUIDELINES, COPPER, FOR EXAMPLE, WHICH IS BY THE WAY USED TO KEEP ORGANISMS OFF THE BOTTOM OF SHIPS, YOU KNOW, WE USE IT AS A POINT VERY EFFECTIVELY, IT KILLS LIVING THINGS, IT'S BEEN FOUND AT FIVE TIMES THE CONCENTRATION LIKELY TO HAVE TOXIC EFFECTS FOR AQUATIC LIFE. SILVER HAS BEEN FOUND AT 50 TIMES THE CONCENTRATION NEEDED TO KILL AQUATIC LIFE. IT'S IN THE SPRING, IN THE POOL. THEN THE POLY HYDROATIC... PH HAVE BEEN DETECTED IN THE POOL SEDIMENTS EVERY TIME THEY'VE BEEN LOOKED FOR. (INAUDIBLE) IN THE POOL HAS HAD LEVELS 6 TIMES OVER THOSE NEEDED TO BE TOXIC TO (INAUDIBLE) WHICH IS CRITICAL TO THE FOOD CHAIN IN THE ECOSYSTEM IN THE POOL. IF WE THINK THAT 6 TIMES THE LETHAL LEVEL IS BAD, ONE SEDIMENT FOUND LEVELS AT 22% -- I DIDN'T MEAN TO DIGRESS INTO A BIOLOGY LECTURE HERE. WITH THAT WORK THE AIM WAS EXCLUSIVELY TO PROTECT THE SPRINGS FOR PEOPLE AS WELL. WE WERE TOLD DOZENS OF TIMES THAT WE NEEDED MORE DATA TO PROVE THAT THE SPRINGS WERE BEING BLIEWTED, WELL, WE GOT THE DATA AND THEY'RE REALLY, REALLY CLEAR, THE SPRINGS ARE NOT DEAD BUT THEY'RE SICK AND GETTING SICKER. . THAT'S NOT THE WAY THE SPRINGS ARE SUPPOSED TO BE. CLUSTERING DEVELOPMENT GENERATE MORE POLLUTION THAT IS KILLING THE SPRINGS. THIRD POINT, A POLLUTED AQUIFER CANNOT BE REVIVED. KILLING AN AQUIFER LIKE CAUSING THE EXTINCTION OF A SPECIE IS A ONE WAY TRIP. MY EVALUATION THE STRATUS PROJECT WILL PRODUCE A LOT OF NEW POLLUTION. THAT IS ANOTHER NAIL IN THE COFFIN OF THE SPRINGS AND I ASK YOU NOT TO VOTE FOR THIS. THANK YOU VERY MUCH. [ APPLAUSE ] MR. KEN RIGSBY IS THE NEXT SPEAKER AND I WANT TO CALL LAUREN MCCARTHY.

MAYOR, BEFORE YOU LEAVE, MARK, COULD I ASK HIM A QUICK QUESTION BEFORE MR. RIGSBY SPEAKS.

Mayor Garcia: SURE. DR. KIRKPATRICK.

IF YOU CAN'T ANSWER THIS BRIEFLY, I'LL TALK TO YOU OVER HERE. I WAS WONDERING AS WE TRY TO FIGURE OUT WHAT IS CAUSING THE SALAMANDER'S CONDITION, DO YOU HAPPEN TO KNOW IF THERE'S A DIFFERENCE BETWEEN CONTINUING WATER QUALITY THAT WOULD MAKE THE CREATURE -- WELL, OKAY, YOU'RE GOING TO HAVE TO HELP ME SUPPLY JARGON HERE. HELP THEIR PHYSICAL CONDITION BE SUCH THAT THEY WERE VULNERABLE TO THOSE KIND OF THINGS AS OPPOSED TO AN EVENT OR A TEMPORARY PERIOD OF TIME THAT CAUSED IT? AND THAT SOUNDED REALLY GASH GARBLEED. WE'VE GOT TWO PROBLEMS, ONE IS THAT THINGS ARE SLIDING DOWNHILL EVERY DAY. THERE MIGHT ALSO BE SOME SHOCK. SOMEBODY MIGHT HAVE DUMPED SOME PESTICIDE DOWN THE STORM DRAIN. I DON'T KNOW WHICH -- WHETHER ONE OR BOTH OF THOSE ARE RESPONSIBLE FOR KILLING THE DERS.

IS IT POSSIBLE TO FIND OUT THROUGH RESEARCH.

THERE ARE SOME VERY GOOD BIOLOGISTS WORKING ON THAT RIGHT NOW SO HOPEFULLY WE WILL FIND OUT. THERE'S A LOT OF PLAUSIBLE THEORIES RIGHT NOW BUT THERE'S NO SMOKING INSECTICIDE CAN YET.

OKAY. OKAY. THANKS. THANKS, MAYOR. THANK YOU MR. RIGSBY.

LAUREN MCCARTHY, MARK EMMERRITT, AND KARIN CREBBS AND JACKIE PRICE IF YOU COULD JOIN US UP IN THE FRONT ROW. MR. RIGSBY, WELCOME, SIR.

THANK YOU MAYOR, MAYOR PRO TEM, AND COUNCILMEMBERS, MY NAME IS KEN RIGSBY, SEEMS TO BE POPULAR TO REFER TO HISTORY TONIGHT. I FIRST ARRIVED IN AUSTIN IN 1943. MY FAMILY GOT HERE IN 1880. I LEARNED HOW TO SWIM IN BARTON SPRINGS AND WAS A REGULAR SWIMMER THERE FAR BEFORE MOST OF THE PEOPLE IN THIS ROOM WERE BORN. I LOVE BARTON SPRINGS AND I WOULD LIKE TO PROTECT IT TO THE GREETEST EXTENT WE CAN. I'M AN OFFICER AND DIRECTOR OF THE CIRCLE C HOAMDZ ASSOCIATION AS SUCH I GOT INTO THE DISCUSSIONS AND THE NEGOTIATIONS WITH STRATUS, ITS PRINCIPLES AND REPRESENTATIVES TWO YEARS AGO WHEN THEY FIRST BEGAN, AND I MUST ADMIT WHEN WE FIRST STARTED TALKING I THINK I'VE EXPLAINED THIS TO SOME OF YOU, I WAS NOT IN FAVOR OF THE DEAL AT ALL. AS WE PROGRESSED AND BEGAN TO TAKE ON MORE DIFFICULT AND TOUCHY SUBJECTS -- AND THIS WAS FROM THE BEHALF OF THOSE PEOPLE WHO LIVE CLOSEST TO THEIR DEVELOPMENT, OUR NEIGHBORS, MORE AND MORE CONCESSIONS WERE GRANTED BY STRATUS AND AT THIS STAGE I THINK WE HAVE AS GOOD OF AN AGREEMENT AS CAN BE NEGOTIATED WITH A PRIVATE -- WITH A PUBLICLY HELD COMPANY THAT HAS IN ALL CANDOR RIGHTS BEYOND THE SCOPE OF S.O.S. AND WITH A HEAVILY INVESTED BOARD OF DIRECTORS I WOULD SUBMIT THAT THE LIKELIHOOD, SHOULD THEIR BE DENIED OF PRESSING THOSE RIGHTS WOULD BE STRONG. THE ON BEHALF OF THE HOMEOWNERS, WE HAVE DISCUSSED AND NEGOTIATED SOME SETBACKS AS WERE ALLUDED TO EARLIER, AS WELL AS SOME BUILDING ORIENTATIONS WHICH AREN'T CALLED FOR WITHIN THE ORDINANCES AND STATUTES OF THE CITY BUT WHICH ARE VERY IMPORTANT TO THE ADJACENT HOMEOWNERS, THE OBJECT IS TO MINIMIZE THE POSSIBILITY THAT SOMEONE ON THE THIRD FLOOR OF A BUILDING WILL BE LOOKING INTO THE BACK YARD. WHICH ORIENTING THE BUILDING DIFFERENTLY WE CAN MINIMIZE THOSE. WE HAVE GAINED CONCESSIONS ON HEIGHT RESTRICTIONS AND SETBACKS WHICH ARE VERY BENEFICIAL. MUST ALSO COMMEND STRATUS AND THE CITY OF AUSTIN STAFF, TOBARY AND HER STAFF, FOR NEGOTIATING A REASONABLE SETTLEMENT FOR US ON BEHALF OF OUR CHILDREN, BECAUSE AS YOU KNOW IT'S VERY DIFFICULT TO GET SCHOOL BUILDINGS BUILT OVER THE AQUIFER AND IT'S CRITICAL THAT IF WE BRING THIS MANY MORE PEOPLE INTO OUR NEIGHBORHOOD THAT WE PROVIDE FOR THE PUBLIC EDUCATION OF THEIR KIDS. SO IN CONCLUSION, I SINCERELY APPRECIATE THE OPPORTUNITY TO VISIT WITH YOU TONIGHT. I WOULD ENCOURAGE YOU TO TAKE WHAT I BELIEVE IS THE BEST DEAL THAT WE CAN MAKE FOR THE CITY AND FOR THE PUBLIC. THANK YOU.

Mayor Garcia: THANK YOU, MR. RIGSBY. [ APPLAUSE ]

Mayor Garcia: AND IF ROBBINS COULD ALSO JOIN US IN THE FRONT ROW. ROGER BAKER. MR. BAKER, WELCOME, SIR.

HELLO THERE. I'M A MEMBER OF THE TRAVIS COUNTY GREEN PARTY AND ALSO THE S.O.S. ALLIANCE AND ALSO THE SAVE BARTON CREEK ASSOCIATION AND ALL OF THOSE ORGANIZATIONS HAVE HISTORICALLY FOUGHT DEVELOPMENT OVER THE AQUIFER AND I EXPECT YOU TO AND TO OBEY THE S.O.S. LAW WITHOUT ANY VARIANCES AND TO REJECT THIS DEAL. I DON'T THINK WE SHOULD BE PLANNING OUR CITY ON THE BASIS OF THREATS FROM PRIVATE DEVELOPERS. WE DON'T KNOW WHOSE BEHIND STRATUS PROPERTIES. WE KNOW IT'S A CORPORATION. LAST YEAR BACK IN MAY OF 2001, STRATUS PROPERTIES CEO, BO ARMSTRONG ANNOUNCED A RENEWED PUSH FOR DEVELOPMENT APPROVAL FOR THEIR 1200-ACRES AT CIRCLE C BY TELLING THE STATESMEN, THE MINUTE WE START FIGHTING, I START UPPING THE DENSITY, SO THESE ARE THE KIND OF GUYS WE ARE DEALING THIS. THIS IS ANONYMOUS CORPORATE MONEY. THIS IS THE KIND OF MORALITY THAT IS GUIDING EXXON AND THESE OTHER COMPANIES. YOU KNOW, WHAT -- WHAT WE SHOULD BE DOING AFTER HEARING THE TESTIMONY THAT WE'VE HEARD IS TO REALIZE THAT THE AQUIFER IS IN TROUBLE NOW. BARTON SPRINGS IS IN TROUBLE. YOU NEED TO ONLY GO DOWN THERE AND LOOK AT IT AND SWIM IN IT TO SEE THAT ALL THE STUFF THAT'S BEING COMING IN FROM UPSTREAM FROM DEVELOPMENT LIKE THIS HAS THE SALAMANDER ON THE VERGE OF EXTINCTION AND TO HAVE THESE GUYS SAY THIS ANONYMOUS CORPORATE MONEY WHICH HASN'T MADE MUCH PROFIT, THIS IS THE SON OF THE -- OF THE BARTON CREEK PUD AND ESSENTIALLY WHAT WE ARE DOING NOW IS FIGHTING THE SAME FIGHT AS THE BARTON CREEK UPRISING A DECADE LATER. BUT THE AMOUNT OF DEVELOPMENT THAT THEY WANT TO PUT OUT THERE, ESSENTIALLY THEY WANT TO PUT OUT A MILLION SQUARE FEET OF OFFICE AND RETAIL WHICH AMOUNTS TO AN EDGE CITY OUT IN THE AREA EXACTLY THE AREA THAT WE SHOULDN'T PUT IT, WHICH IS OUT OVER THE AQUIFER, AND WE SHOULDN'T -- YOU KNOW, THIS IS THE -- THIS IS THE VERY ESSENCE OF BAD GROWTH AND WHAT WE ARE DOING IS WE ARE NEGOTIATING BECAUSE OF -- BECAUSE THIS DEVELOPER IS TAKING THE INITIATIVE TO FORCE US LEGALLY TO DO WHAT WE KNOW WE SHOULDN'T BE DOING BECAUSE IT VIOLATES THE CITY'S MASTER PLAN WHICH IS THE AUSTIN TOMORROW PLAN, WHICH SAYS WE SHOULDN'T BE DOING THIS. AND TO DO IT BECAUSE, YOU KNOW, THE BEST THING THAT CAN BE SAID ABOUT THIS DEAL IS THAT THE DEVELOPER CLAIMS HE HAS THE RIGHT TO DO. [BUZZER SOUNDING] THREE TIMES WORSE SO THEREFORE WE SHOULD ACCEPT THIS DEAL IS THE BEST WE CAN GET. I THINK THAT THIS IS A CLEAR VIOLATION OF S.O.S. ON THE BASIS OF CLUSTERING AND GROUPING, YOU KNOW, PARCELS OF LAND THAT AREN'T CONNECTED AND THAT UH-OH IT TO THE...OWE IT TO THE PEOPLE OF AUSTIN AND I EXPECT YOU TO. THANK YOU.

Mayor Garcia: THANK YOU. [ APPLAUSE ] LAUREN MCCARTHY AND FOLLOWING MS. MCCARTHY IS MARK EMRETT, AND IF MARK TRIES -- AND MICHELLE (INAUDIBLE) COME UP.

WHAT NUMBER?

Mayor Garcia: 40 AND 41. REQUEST.

MY NAME IS TAMMY GREKO. LAUREN HAD TO GO HOME FOR A MY RAINE. COULD I READ HER STATEMENT.

Mayor Garcia: AS LONG AS YOU STAY IN 3 MINUTES.

MY NAME IS LAUREN MCCARTHY AND I'M IN FAVOR WITH THE PROPOSED AGREEMENT WITH STRATUS. MY PROPERTY BACKS UP NEXT TO THE HIGHEST BUILDING ON THIS TRACT. STRATUS HAS BEEN MORE THAN FAIR IN LISTENING TO OUR CONCERNS FOR THOSE -- AT LEAST FOR THOSE ALONG TRACT 101 AND HAS PUSHED THE SETBACK OVER THE TOP OF THE HILL TO 300 AND SOME FEET. THEY'VE LISTENED TO OUR CONCERN ON LAND USE, RESTRICTIONS AND PROHIBITIVE USES. AS A LAND OWNER THEY HAVE PROPERTY RIGHTS AND MADE MANY CONCESSIONS TO COME TO AGREEMENT WHILE WORKING WITH THE RESIDENTS OF CIRCLE C NORTH. THE ONLY THING THAT I WOULD ADD TO THAT IS WE APPROXIMATE BOUGHT OUR PROPERTY IN CIRCLE C NORTH IN SEPTEMBER AND WHEN PEOPLE SAID THEY DIDN'T KNOW OF THESE REZONING ISSUES, I HAVE TO QUESTION THAT BECAUSE WHEN WE BOUGHT OUR PROPERTY WE WERE TOLD THAT TRACT 101 AND ALL OF THESE PROPERTIES WERE ALREADY ZONED AS COMMERCIAL, THAT THEY WEREN'T INTERIM OR WEREN'T RURAL. IF YOU GO TO THE CIRCLE C INFORMATION CENTER, GUENTHER LISTED AS BEING ALREADY COMMERCIAL USES. IF YOU LOOK AT ALL OF THE SIGNS THAT ARE ALREADY UP AND POSTED IN CIRCLE C, THEY'RE LISTED AS COMMERCIAL USES, SO TO ME IT'S SOMETHING I PLANNED AND EXPECTED ALL ALONG WHEN WE BOUGHT OUR HOME. THANK YOU.

Mayor Garcia: THANK YOU VERY MUCH. [ APPLAUSE ]

Mayor Garcia: MR. MARK EMMERT? KARIN CRUBBS? AND IF KIRK BECKER AND DAVID TERRELL -- DAVID, YOU GAVE YOUR TIME TO MARY ARNOLD, SO -- LET'S SEE. HOLD IT JUST A SECOND. SUSAN SCHAFFEL AND KEVIN (INAUDIBLE) COME UP TO THE FRONT. KARIN?

MY NAME IS KARIN, CREBBS, MAYOR, COUNCIL PEOPLE, I WANT TO THANK YOU FOR LISTENING AT THIS LATE HOUR TO ALL OF OUR ARGUMENTS, I HOPE THAT NOT ONLY YOU'RE LISTENING BUT THAT YOUR HEARTS ARE OPEN AND THAT YOU'RE OPEN TO CHANGING YOUR MINDS IF YOU CAME IN HERE WITH THE DECISION ABOUT THIS. I DON'T KNOW HOW YOU CAN CALL IT A DEAL WITH STRATUS. STRATUS IS GETTING TO STEEL OUR QUALITY OF LIFE. AT THE BEGINNING OF THIS MEETING THE GENTLEMAN UP HERE WENT THROUGH A VERY LENGTHY DESCRIPTION OF THE BENEFITS OF THE STRATUS DEAL AND OF THE -- ALL THE CONCESSIONS, AND I LISTENED TO THEM AND THEY SOUNDED LIKE OXYMORONS TO ME. HOW CAN YOU SAY THAT A TWO-STORY BUILDING IS A CONCESSION RATHER THAN A THREE-STORY BUILDING, WHEN PERHAPS THAT BUILDING SHOULD NOT BE THERE ON THAT PLAT IN THE FIRST PLACE? WHAT WE DON'T NEED -- IF YOU LOOK AROUND AUSTIN AND YOU LOOK AT THE LANDSCAPE, WE DON'T NEED MORE CONDOS, WE DON'T NEED MORE APARTMENTS. I LIVE RIGHT ON SPY GLASS DRIVE AND MY NEIGHBORHOOD IS FILLED WITH FOR RENT SIGN, SIGNS SAYING YOU CAN GET FREE RENTS, BRING YOUR ANIMALS, WE NEED YOU, WE WANT YOU. HOUSING IS NOT AN ISSUE RIGHT NOW. OFFICE SPACE IS NOT AN ISSUE. HAVING MORE DRIVE THREW FAST FOOD PLACES, WENDY'S, JACK IN THE BOX, WE DON'T NEED MORE OF THAT, WE DON'T NEED A GAS STATION DOWN NEAR CIRCLE C. WE DON'T NEED ANY OF THAT SPRAWL BUT WHAT WE DO NEED IS PRESERVE THE PURITY THAT IS IN THREAT RIGHT NOW OF THE WATER SUPPLY. AS OTHER PEOPLE SAID THERE'S NOTHING MORE PRECIOUS THAN WATER. WHEN YOU GO OUT IN 90-DEGREE TEMPERATURES IN AUSTIN, YOU SHOULD KNOW THAT THIS IS SOMETHING THAT WE REALLY CAN'T DO WITHOUT. BEFORE COUNCILMAN SCHUBERT TOOK TASK WITH SOMEBODY ABOUT WHETHER HE FERTILIZED HIS LAWN, AMONG THE MANY CONCESSIONS I DID NOT HEAR ANYTHING ABOUT RESTRICTIONS ON YIEWTING FERTILIZERS. THERE WERE NO RULES SAYING THAT PEOPLE COULDN'T FERTILIZE THEIR LAWNS. I THINK IF WE WERE CONCERNED ABOUT THAT, THAT THIS DEAL SHOULD INVOLVE THOSE THINGS. [ APPLAUSE ] I TOLD -- I MADE SOME OF THESE COMMENTS AT THE SAP MEETING RECENTLY AND I WAS REALLY SUCHED BY HOW MANY PEOPLE ECHOED MY SENTIMENTS IN SUPPORT OF THE S.O.S. ORDINANCE AND THEN THE WHOLE GROUP OF ZAP OFFICIALS VOTED THIS THING IN AND IT JUST MADE ME WONDER WHY, WHAT IS BEHIND THIS? AND KNOWING THE HISTORY OF THE COMPANY FREEPORT AND KNOWING HOW THE COUNTRY, THE WORLD HAS BEEN SHOCKED BY THE AGREED AND CORPS TION WE'RE SEEING IN ENRON AND WORLDCOM, I HAVE TO BE REALLY SUSPICIOUS OF ANYBODY WHO WOULD VOTE IN FAVOR OF THIS AGREEMENT. [ APPLAUSE ]

Mayor Garcia: JACKIE PRICE? JACKIE PRICE HERE? PAUL ROBBINS? MIKE PRICE? MICHELLE (INAUDIBLE)? LET ME READ THAT JACKIE PRICE IS REGISTERED IN FAVOR OF. PAUL ROBBINS IS REGISTERED AGAINST. MIKE PRICE IS REGISTERED IN FAVOR OF, NUMBER 107. AND MICHELLE (INAUDIBLE) IS REGISTERED AGAINST. THAT'S YOU.

YES, SIR, I WOULD LIKE TO DEFER MY THREE MINUTES TO PAUL WHO IS REPRESENTING THE VILLAGE OF WESTERN OAKS BOARD.

Mayor Garcia: PAUL WHO? OKAY. YOUR CARD IS NOT UP YET SO I'LL GIVE YOU -- HOW DO YOU SPELL YOUR LAST NAME.

BEFLUK.

Mayor Garcia: OKAY.

THANK YOU.

Mayor Garcia: THANK YOU. KIRK BECKER? AND FOLLOWING MR. BECKER IS SUSAN SCHAFFEL. IS SHE HERE? OKAY. THERE YOU ARE.

IN THE DISTANT PAST WE'VE HEARD A LOT ABOUT LEGITIMATE AND REASONABLE BID EXPECTATIONS AS A PROPERTY RIGHTS ARGUMENT, I REALIZE THAT STRATUS ISN'T EXACTLY FREEPORT AND SHOULDN'T BE REGARDED WITH QUITE THE DISTRESS THAT MANY OF US HOLD AGAINST FREEPORT BUT AT THE SAME TIME STRATUS COULDN'T HAVE THE SAME EXPECTATIONS. ALSO OVER THE PAST DECADE SOMETHING CALLED HOUSE BILL 1704 HAS BEEN A DELIBERATE ELEMENT OF COUNCIL DELIBERATIONS.

SEVERAL YEARS AGO 1704 WAS, QUOTE, ACCIDENTALLY, UNQUOTE REPEALED AND THEN REINSTATED TWO YEARS LATER. THERE WAS NEVER ANY EXPLANATION OF HOW THE ACCIDENT HAPPENED. I LIKE TO THINK THAT THERE WAS A HIP PI ENVIRONMENTALIST AND LENLS LAIIVE TYPING POOL WHO RAN ACROSS IT AS PART OF THEIR JOB AND OOPS, MAYBE NOBODY WILL NOTICE. SOMEHOW I DOUBT THAT THAT'S WHAT REALLY HAPPENED. IT SEEMS MUCH MORE LIKELY THAT 1704 WAS CAUSING ENOUGH SIMILAR PROBLEMS THROUGHOUT THE STATE. THE DECISION WAS MADE TO REPEAL IT ALONG WITH THE QUIET PROMISE TO CALL THE REPEAL AND REINSTATE TO USE LATER IF DEVELOPERS LET IT GO. STATE CONSTITUTION PROHIBITS ENABILITY OF RETRO ACTIVE STATUTES. THE STRATUS PROPERTIES WEREN'T GRANDFATHERED. IT WOULD TAKE RETRO ACTIVE APPLICATION TO REINSTATE THE PROPERTIES. THAT IS CLEAR CONTRARY TO THE WORDING IN THE STATE CONSTITUTION. IT APPEARS THAT IT WAS A GOOD LAW IN PRINCIPLE THAT HAD BEEN BADLY ABUSED IN PRACTICE. THE GAS STATION THE YOU NEGOTIATE PROVISIONS WITH RESPECT TO THE T.I.A.S LEAKING, THE PROBLEM WITH GAS STATIONS, PEOPLE REFILLING THE T.I.A., MOST OF CREATES A FROTHY RUN OFF, AND YOU DON'T HAVE ANY PROVISIONS TO CAPTURE IT. YOU PRIVATIZE OWNERSHIP WHERE YOU CAN IMPLEMENT A SURCHARGE, THE SURCHARGE WOULD LEAVE THE GAS STATION PLACE FOR MERGE REFILLING. WELL, AT THE SAME TIME DISCOURAGE DID MAJORITY OF RESIDENTS FROM TOPPING OFF THE TANK AT HIGHER PRICES, THERE BY REDUCING THE DEMAND FOR A SECOND GAS STATION. DEVELOPERS FORMED A REASONABLE BUSINESS EXPECTATION FOR THE TAX -- THE FEE ABATEMENTS CONCERNING THAT COUNCIL GRANTED SO MANY OF THEM IN THE PAST. THE CITY ALREADY CONTRIBUTES SUBSTANTIALLY THE VALUE OF THE LAND, THE PURCHASING PRIVATE LAND RATHER THAN INSTITUTING ZONING FOR INDUSTRIAL USES TO $15 MILLION IS LESS THAN THE NORMAL FLUCTUATION MARKET VALUE. THERE IS NO REASON TO GRANT THE FEE ABATEMENTS, NO REASON FOR THEM TO EXPECT US TO DO SO.

Mayor Garcia: THANK YOU, MR. BECKER.

THEY SHOULDN'T BE ABLE TO LIFT THEIR HEIGHT UP AND SAY IT'S JUST ONE LEVEL.

Mayor Garcia: THANK YOU, SIR. [ APPLAUSE ]

MR. -- MR. OR MRS. L AUSTIN, IF Y'ALL COULD COME TO THE FRONT ROW? KRISTINE CROSS...... CROSBY, RUSTY MIDDLETON, LAURA WISDOM, I'LL BE CALLING YOU UP AFTER MS. SCHAFFEL SPEAKS. WELCOME.

GOOD EVENING, COUNCILMEMBERS, MAYOR. BY THE WAY, TOM SMITH HAS DONATED, HE'S NUMBER 275, THE MINUTES, I DON'T THINK I'M GOING TO USE IT ALL. I THINK IT'S TIME THAT THE COUNCIL UNDERSTANDS THAT EVERYONE WHO LIVES IN SOIRK DOES NOT AGREE WITH THE CIRCLE C HOMEOWNER ASSOCIATION AND MANY RESIDENTS FEEL THAT THE HOA REPRESENTS US UNFAIRLY. IT'S OBVIOUS THAT THE HOA REPRESENTS THE INTERESTS OF BRADLEY DEVELOPMENT. LOOK AT WHO SOME OF THE BOARD MEMBERS ARE ON THE HOMEOWNER ASSOCIATION. THEY WORK FOR THAT DEVELOPMENT. EVEN THOUGH MANY OF THE NEGOTIATIONS THAT THEY ARE WORKING TOWARDS MIGHT BE WHAT THEY WOULD LABEL OUR BEST INTERESTS, PLEASE BE CLEAR THAT MANY, AND I MEAN MANY, OF MY NEIGHBORS BELIEVE IT IS NOT IN OUR BEST INTEREST AND QUITE FRANKLY FIND IT A CONFLICT OF INTEREST AND DON'T TRUST THEM. [ APPLAUSE ]

PLEASE ALLOW... [ APPLAUSE ]

PLEASE ALLOW FOR THE OTHER VOICES IN THE NEIGHBORHOOD TO COME OUT. THOSE THE BRADLEY CIRCLE C HOMEOWNER ASSOCIATION WOULD LOVE TO STIFLE OUR VOICES AS THEY DO WHEN THEY PUT UP NOTICES OUR OUR COMMUNITY BULLETIN BOARDS EXPRESSING OPPOSITION TO THEIR CHOICES ONLY TO FIND THEM REMOVED THE NEXT DAY. FREE SPEECH? OPEN HONEST COMMUNICATION? WHEN I MOVED TO -- WHEN I MOVED TO AUSTIN AND LOCATED TO CIRCLE C RANCH I COULDN'T WAIT TO TELL EVERYONE I KNEW IN THE WORLD WHAT A BEAUTIFUL PLACE I HAD FOUND SO CLOSE TO DOWNTOWN AUSTIN. I HAPPEN TO ENJOY BIRDING AS SOME OF YOU ALREADY KNOW AND HAVE SPOKE WITH ME ABOUT THAT TOPIC, AND THERE WERE LOTS OF BIRDS IN THE AREA. I SOON DISCOVERED THAT MILLIONS OF DOLLARS ARE GENERATED EACH YEAR IN AUSTIN FROM TOURIST DOLLARS SPECIFICALLY FROM BIRDERS LOOKING FOR THE BEAUTIFUL AREAS TO INDIVIDUAL AND THE TEXAS HILL COUNTRY IS ONE OF THE BEST. THE HOMEOWNER REAL ESTATE AGENT, OBVIOUSLY LIVE IN CIRCLE C NEARBY THE TRACT, AND I WERE LOCKING OVER THE HILL COUNTRY WHAT IS NOW MY BEDROOM WINDOW AND WHEN I ASKED WHAT WAS GOING TO BE BUILD THERE. SHE REPLIED PROBABLY NOTHING. OBVIOUSLY IF SHE HAD A CHIP FACTORY OR THOUSANDS OF APARTMENTS OR OTHER COMMERCIAL WE WOULD HAVE NEVER MADE THE SALE AND JUST TO ADDRESS ONE THING THAT IS NOT IN MY LETTER, WHEN IT'S ASKED TO ME, WELL, WHY DIDN'T I KNOW THAT? BECAUSE I BOUGHT IN THE MIDDLE OF THE FRENZY. IF I DIDN'T HAVE ANY DOWN PAYMENT ON THAT HOUSE THE NEXT GUY IN LINE WOULD HAVE BOUGHT MY HOUSE. I DIDN'T HAVE A CHANCE TO GO. I DIDN'T CHECK IT OUT, THAT IS MY OWN RESPONSIBILITY. IF YOU GO FORWARD IN ALLOWING THIS PART OF AUSTIN TO BE BUILT LIKE THEY PROPOSE, WE WILL BE ANOTHER STATISTIC FOR AUSTIN. THE HEAD LINE MIGHT READ TAX PAYING RESIDENTS WHO CAN LIVE ANYWHERE IN THE U.S. LEAVE TO FIND A NICE PLACE TO LIVE WITHOUT COMMERCIAL DEVELOPMENT IN THEIR BACK YARD MAYBE WILL JUST HAVE TO MOVE OUT TO HAYS COUNTY OR FIND ANOTHER COOL PLACE THAT HAS A BALANCE OF EVERYTHING IN MIND WHEN CONSIDERING MAJOR DEVELOPMENTS TO AN AREA. NO, WE WON'T BE THE ONLY ONES TO TAKE FLIGHT. AND NO, WE MIGHT NOT BE THE MAJORITY BUT YOU MIGHT LOOK BACK AT THIS DECISION AS ONE WHERE YOU AFNGHTED A NUMBER OF THINGS -- AFFECTED A NUMBER OF THINGS. PEOPLE, ANIMALS, THE ENVIRONMENT AND THE QUALITY OF LIFE FOR A NEIGHBORHOOD THAT USED TO EXIST IN THE EARLY PART OF THE 21ST CENTURY. THANK YOU. AND I HOPE THAT YOU REALLY, REALLY TAKE IN CONSIDERATION THAT I'M SURE A LOT OF US ARE THE SAME AGE, THAT WHEN WE PASS ON AND WE ARE NOTHING BUT ASHES, WHAT DO WE LEAVE FOR THE CHILDREN AND WHAT REALLY BLOWS MY MIND AS A RESIDENT IN CIRCLE C IS HOW CAN THESE PARENTS WHO LOVE THEIR CHILDREN SO DEARLY AND WANT THESE GREAT SCHOOLS AND GREAT ENVIRONMENT AND SAFE NEIGHBORHOODS NOT SEE THE FUTURE OF WHAT THEIR DECISIONS AND OUR DECISIONS ARE LEAVING OUR CHILDREN? THANK YOU. [ APPLAUSE ]

..

Mayor Garcia: LET ME SAY THAT LAURA WISDOM AND KRISTINE CROSBY HAVE DONATED THEIR TIME TO MR. BILL BUNCH SO THEY WILL NOT BE SPEAKING TONIGHT. KEVIN ODWIRE? IS HE HERE? WHAT ABOUT MR. OR MS. L AUSTIN? RUSTY MIDDLETON? RUSTY MIDDLETON? BECKY MORSE? BECKY MORRIS?

(INAUDIBLE)

Mayor Garcia: I CAN'T HEAR YOU FROM BACK THERE, BILL.

SAY FOR OR AGAINST.

Mayor Garcia: YEAH, I JUST WANTED TO KNOW IF THEY WERE HERE BEFORE I ANNOUNCED. MR. KEVIN ODWIRE IS AGAINST. MR. OR MS. L. AUSTIN IS AGAINST. RUSTY MIDDLETON IS AGAINST. AND BECKY MORRIS IS AGAINST. DONNA TIMON? IS SHE HERE? AGAINST. IF -- ALSO IF KOOTZ WOULD COME UP TO THE FRONT AND SUSAN NELSON, IF SHE COULD COME UP TO THE FRONT? AND RYAN GREEN? AND CARL CAPOLINO, IF THEY COULD COME UP TO THE FRONT?

MR. KOOTZ? SUSAN NELSON. RYAN GREEN? AND CARL CAPOLINO LET ME READ INTO THE RECORD THAT CORDY KOOTZ IS REGISTERED AGAINST. SUSAN NELSON IS REGISTERED AGAINST. RYAN GREEN IS REGISTERED AGAINST. MR. CAPOLINO.

MR. MAYOR, MAYOR PRO TEM, COUNCILMEMBERS, CITY MANAGER, I'M CARL CAPOLINO. I'VE LIVED IN CIRCLE C RANCH FOR 8 YEARS, BASICALLY THE LENGTH OF TIME I'VE BEEN IN AUSTIN. I'M A MEMBER OF THE CIRCLE C HOMEOWNER ASSOCIATION. I'M A MEMBER OF THE CIRCLE C HOMEOWNER ASSOCIATION STEERING COMMITTEE AND I CAN ASSURE YOU THAT I DON'T WORK FOR GARY BADLEY AND NOBODY HAS INTIMIDATED ME IN ANY WAY. IN FACT I HEARD SO MUCH TONIGHT THAT I'M SCRATCHING MY HEAD TRYING TO FIGURE OUT WHAT IS REALLY GOING ON HERE. I FEEL IT'S INCUMBENT TO SPEND A COUPLE OF MINUTES WITH YOU ABOUT THE WAY THINGS WORK IN CIRCLE C. WHEN I CAME TO CIRCLE C WE WERE INVITED TO JOIN THE HOMEOWNER ASSOCIATION. WE WERE INVITED TO PARTICIPATE. THOSE FORUMS HAVE ALWAYS BEEN OPEN TO ANYONE WHO WANTS TO PARTICIPATE. THE COMMUNICATION IS FREE AND OPEN. THERE'S NO COERCING, THERE'S NO INTIMIDATION. IT'S BEEN A VERY GOOD WORKING ENVIRONMENT AND I'VE ENJOYING BEING NEAR IT AND SERVING MY COMMUNITY. I'VE BEEN IN THE BATTLES THAT WE'VE HAD WITH ANNEXATION. I'VE BEEN INVOLVED WITH THIS MOST RECENT TWO-YEAR WORKING PLAN TO TRY AND REACH A SETTLEMENT. I AM STRONGLY IN FAVOR OF THE PROPOSED SETTLEMENT WITH STRATUS. COUNCILMAN SLUSHER WAS TALKING ABOUT USING OUR TIME EFFECTIVELY AND I'VE HEARD A LOT ABOUT GOOD STEWARDSHIP BUT I'M TIRED OF COMING TO CITY COUNCIL MEETINGS. I'M TIRED OF SPENDING MY LIFE AWAY FROM MY FAMILY. YOU KNOW, YOU REACH A POINT WHEN THINGS JUST NEED TO BE DONE. AND THE DUE DILIGENCE HAS BEEN DONE HERE. WE'VE GOT THE TEXAS FISH AND WILDLIFE THAT HAS AGREED. WE'VE GOT THE ZONING AND PLATTING COMMISSION THAT HAS AGREED. THE CITY OF AUSTIN COUNCIL HAS HEARD ALL THE ARGUMENTS PROAND AGAINST FROM THEIR OWN STAFF. I REALLY TAKE MY HAT OFF, AND I MEAN THAT SINCERELY, TO THE STAFF MEMBERS OF THE CITY OF AUSTIN. I'VE NEVER COME ACROSS, AND I'VE LIVED IN A WILL THE OF COMMUNITIES THROUGHOUT TEXAS, A HARDER MORE SINCERE GROUP OF PEOPLE IN THEIR EFFORTS AND I APPLAUD THEM FOR THAT. BUT I REALLY WANT TO BE CLEAR HERE. WE'VE SPENT A LOT OF TIME. THIS HAS BEEN A WELL-THOUGHT AGREEMENT AND WE WANT TO PRESERVE OUR ENVIRONMENT. THIS IS SOMETHING THAT ALL PEOPLE TRY TO DO. THEY TRY TO KEEP THEIR ENVIRONMENT FROM BEING FOWLED AND WE ARE STAKEHOLDERS IN THAT COMMUNITY. WE WANT IT TO BE CLEAN. THAT IS OUR BEST INTEREST. THAT IS IN THE BEST INTEREST OF EVERYTHING HERE. WE ARE NOT GOING TO DO ANYTHING STUPID. WE'RE CLEAR THINKING PEOPLE WHO HAVE A MODICUM OF INTELLIGENCE AND WE WANT TO TAKE CARE OF OUR COMMUNITY. I WOULD LIKE TO TELL YOU IT'S BEEN WELL THOUGHT, WE SUPPORT IT AND WE THANK YOU FOR THE EFFORT OF THE CITY AND THE COUNCIL AND THE VARIOUS CITY GROUPS THAT HAVE WORKED TO HELP COME TO THIS CONCLUSION. THANKS.

Mayor Garcia: THANK YOU, SIR. PAUL? . YOU HAVE SIX MINUTES, AND IF STEPHEN SALSMAN COULD COME UP? ACTUALLY STEPHEN GAVE HIS TIME TO BILL BUNCH. MR. BUNCH, IF YOU COULD COME UP SO YOU COULD BE READY.

Continue to Part C