Closed Caption Log, Council Worksession
Wednesday, June 26, 2002

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.

MAYOR GARCIA: BEFORE I CALL THE MEETING TO ORDER, LET ME JUST SAY HOW ABOUT THOSE HORNS! HEY!

[ LAUGHTER ]

I GO AWAY FOR THREE WEEKS, THEY WIN THEY CALL IT A WORLD SERIES. ANYWAY, I DIDN'T SEE ANY OF YOU THERE LAST NIGHT. THE AGGIES WERE NOT THERE -- ONE OF THE AGGIES WAS THERE.

THE GOVERNOR WAS THERE, SO --

MAYOR GARCIA: BUT ANYWAY, IT'S GOOD TO BE BACK. WE WILL REPORT ON THE -- ON THE -- THE -- AS SOON AS THE DELEGATION GETS BACK. WE ARE IN WORK SESSION, I'M GOING TO CALL THE WORK SESSION TO ORDER. IT IS 10:08, ON WEDNESDAY, JUNE THE 26th . AT ONE TEXAS CENTER, 505 BARTON SPRINGS ROAD, THIRD FLOOR TRAINING ROOM, AUSTIN, TEXAS. WE HAVE THREE ITEMS ON THE AGENDA. THE REASON THAT I'M SO PRECISE ON THIS ONE IS I DON'T KNOW WHERE I AM, YOU KNOW, I JUST GOT HERE YESTERDAY. [ LAUGHTER ] FOR ME RIGHT NOW IT'S -- IT'S 6:00 IN THE AFTERNOON. BUT I'LL GET OVER IT BY TOMORROW. IS THIS ON? CAN YOU ALL HEAR ME? I WILL SAY IT AGAIN, THE CITY COUNCIL OF THE CITY OF AUSTIN, TEXAS IS CONVENING AT 10:09 ON WEDNESDAY, JUNE THE 26th , 2002, AT THE ONE TEXAS CENTER, 505 BARTON SPRINGS ROAD, THIRD FLOOR TRAINING ROOM, AUSTIN, TEXAS, WE HAVE THREE ITEMS ON THE AGENDA. THE FIRST ONE IS A PRESENTATION FROM THE MAYOR'S TASK FORCE ON THE ECONOMY REGARDING THE AUSTIN CLEAN ENERGY INITIATIVE, WHICH ENDORSES A CLEAN ENERGY INDUSTRY AS AN EFFECTIVE INDUSTRY CLUSTER, ADDITION TO AUSTIN'S LOCAL ECONOMY, CITY MANAGER, DO YOU HAVE A PRESENTATION ON THIS, OR SHOULD I -- SHOULD I HAND IT OFF TO COUNCILMEMBER WYNN?

COUNCILMEMBER WYNN IS GOING TO TAKE ON THE INTRO.

WYNN: THANK YOU, MAYOR, I THINK WE ARE JUST GOING TO TAKE ABOUT 12 TO 15 MINUTES THIS MORNING, TO GET THROUGH ITEM NO. 1. BEFORE I -- BEFORE WE GET STARTED, I DO WANT TO MAKE A QUICK INTRODUCTION. DURING THIS -- THIS MONTH OR SO THAT WE'VE HAD OFF, MARK NATHAN GOT A UNIQUE OPPORTUNITY, IS NOW A FIELD DIRECTOR FOR THE TONY SANCHEZ GUBERNATORIAL CAMPAIGN. AND MEANWHILE I HAVE HIRED JOSH ALLEN TO BE MY NEW EXECUTIVE ASSISTANT AND JOSH IS HERE BEHIND ME AT THE TABLE. SO HELP ME WELCOME JOSH ALLEN TO THE CITY COUNCIL TEAM. [ APPLAUSE ]

WYNN: THANK YOU. THIS IS THE FIRST IN A -- IN PROBABLY -- FRANKLY SPORADIC SERIES OF PRESENTATIONS FROM THE MAYOR'S TASK FORCE ON THE COMMITTEE ON THINGS THAT WE -- ON THE ECONOMY THAT THINGS THAT WE CAN BE DOING AS A COMMUNITY AND A COUNCIL ON THE ECONOMIC DEVELOPMENT IN OUR COMMUNITY. A BIG PIECE OF THAT IS FRANKLY STEPPING BACK AND TRYING TO COME UP WITH A -- A STRATEGIC VISION OF WHAT THE CENTRAL TEXAS AND THE AUSTIN ECONOMY SHOULD BE. THAT IS WHAT SHOULD BE OUR MIX OF INDUSTRY CLUSTERS, WHAT INHERENT ADVANTAGES DO WE HAVE IN THIS COMMUNITY TO TAKE ADVANTAGE OF IN REGARDS TO COMPETING WITH OTHER REGIONS ACROSS THE COUNTRY AND ACROSS THE GLOBE, FRANKLY. A COUPLE OF THINGS COME TO MIND AND THIS -- AND THIS TEAM HERE IS GOING TO -- WITHIN A FEW MINUTES JUST -- JUST MAKE SOME OF THOSE PRETTY BLATANTLY OBVIOUS TO US. ONE IS AUSTIN IS AN ENVIRONMENTAL CONSCIOUS CITY IN THE REGION. TWO WE HAVE A DRAMATIC POOL OF RESEARCH TALENT IN THIS COMMUNITY, WITH A DISPRO PORTION GNAT -- DISPROPORTIONATE AMOUNT OF THAT IN THE -- WITHIN TWO YEARS NOW, AUSTIN ENERGY'S GREEN CHOICE PROGRAM HAS NOW ATTRACTED ALMOST 7,000 INDIVIDUAL RESIDENTIAL CUSTOMERS BUYING CLEAN ENERGY AT A SLIGHT PREMIUM. WE HAVE 125 SMALL BUSINESSES AND 30 LARGE CORPORATIONS BUYING INTO THE GREEN CHOICE PROGRAM. SO -- SO THERE'S A COALITION OF -- AND COORDINATION OF SEVERAL EVENTS THAT MAKE CLEAN ENERGY, IN MY OPINION, AN OBVIOUS POTENTIAL INDUSTRY CLUSTER FOR THIS COMMUNITY TO TAKE ADVANTAGE OF. THERE'S -- THERE'S A -- THERE'S A COORDINATED AGENDA ITEM TOMORROW THAT I WILL NEED SOME ACTION ON FROM THE COUNCIL. IT'S SIMPLY AFTER WE HEAR THIS PRESENTATION TODAY, IT WILL BE FOR THE CITY COUNCIL TO ENDORSE CLEAN ENERGY -- EXCUSE ME, CLEAN ENERGY AS A POTENTIAL INDUSTRY CLUSTER FOR OUR ECONOMY. WHY WE NEED TO DO IS THAT -- IS THERE ARE SEVERAL DEPARTMENT OF COMMERCE E.D.A. GRANTS AVAILABLE TO THIS INITIATIVE AND FRANKLY THERE'S A -- THERE'S JUST A LITTLE QUALIFICATION IN THOSE GRANTS THAT THE MUNICIPALITY OR THE GOVERNING AUTHORITY HAS TO HAVE ENDORSED THE IDEA BEHIND THE -- THE GRANT. SO BY -- BY SUPPORTING THE -- THE ITEM TOMORROW ON THE COUNCIL AGENDA, WE IN FACT WILL SIMPLY BE ENDORSING CLEAN ENERGY AS A POTENTIAL INDUSTRY CLUSTER FOR OUR ECONOMY. WITH THAT, I WOULD LIKE TO INTRODUCE THE STEERING GROUP FOR THE AUSTIN CLEAN ENERGY INITIATIVE. STEVE GINRICH AND CHIP WOLF. GENTLEMEN?

THANK YOU COUNCILMEMBER WYNN AND THANK YOU, MAYOR, CITY MANAGER, COUNCILMEMBERS AND YOUR STAFFS FOR HAVING US THIS MORNING. I HAVE A BRIEF INTRODUCTION FOR YOU, THEN I WILL TURN IT OVER TO MY COLLEAGUE, CHIP WOLF, MY NAME IS STEVE GINRICH, CO-FOUNDER OF THE AUSTIN CLEAN ENERGY INITIATIVE OR WE REFER TO IT AS THE ACE INITIATIVE. WE PARTICIPATE IN THE BUSINESS AND SOCIAL COMMUNITY HERE IN AUSTIN. WE ARE BOTH GRADUATES OF THE LEADERSHIP AUSTIN FREEMAN FROM THE CHAMBER OF COMMERCE -- LEADERSHIP AUSTIN PROGRAM FROM THE CHAMBER OF COMMERCE AND VERY INVOLVED IN OUR ECONOMY. WE HAVE BOTH BEEN FOUNDERS OF HIGH TECH COMPANIES THAT HAVE GROWN AND PROSPERED IN AUSTIN AND PARTICIPATED IN THIS COMMUNITY, WE ARE DELIGHTED TO BE HERE TO TALK TO YOU ABOUT SOMETHING THAT WE THINK IS VERY EXCITING FOR THE NEXT WAVE OF GROWTH FOR OUR COMMUNITY WHICH IS THE CLEAN ENERGY INITIATIVE. CHIP IS GOING TO TELL YOU ABOUT THAT. I WILL SAY VERY BRIEFLY THAT YOU HAVE THREE ITEMS BEFORE YOU FOR US, SUPPORTING ITEMS FOR THIS PRESENTATION. ONE IS AN ARTICLE THAT IS RUNNING IN THE CURRENT ISSUE OF THE AUSTIN CHRONICLE, ABOUT THE CLEAN ENERGY INDUSTRY. SECONDLY THERE'S A PACKET OF LETTERS OF SUPPORT ABOUT WHAT WE ARE DOING FROM CITY, FEDERAL -- EXCUSE ME, STATE, FEDERAL AND OTHER COMMUNITY LEADERS AND BUSINESS LEADERS. THEN LASTLY IS OUR PRESENTATION. SO -- THANK YOU.

THANK YOU, MAYOR, COUNCILMEMBERS AND CITY MANAGER. WE APPRECIATE THIS OPPORTUNITY TO PRESENT OUR POWERFUL PLAN TO DIVERSIFY AND STRENGTHEN THE AUSTIN ECONOMY. AND WE ARE HERE TO ENLIST YOUR SUPPORT IN OUR EFFORTS. WE ARE JUST A GROUP OF VOLUNTEER CITIZENS. WE SAW A NEED. WE STEPPED UP. AND WE ARE TRYING TO SPREAD THE WORD ABOUT THE ECONOMIC OPPORTUNITIES AND ENVIRONMENTAL BENEFITS OF CLEAN ENERGY WITH THE GOAL OF MAKING AUSTIN A HUB, A CLUSTER, A CENTER OF EXCELLENCE, HOWEVER YOU REFER TO IT FOR THE CLEAN ENERGY SECTOR. I'M SURE THAT THIS AUDIENCE, I DON'T HAVE TO TALK ABOUT HOW GREAT AUSTIN IS. BUT THERE ARE A FEW ITEMS THAT I WANT TO TOUCH ON. FIRST, WE HAVE A HISTORY OF THE COMMUNITY COMING TOGETHER. THAT'S EVERYTHING FROM -- FROM M.C.C. AND SEMATECH, A GREAT COMMUNITY EFFORT IN THE 80s, TO THE IC SCARED WORK, AUSTIN ENERGY INCUBATOR, SOFTWARE COUNCIL NET, A WHOLE COMMUNITY COMING TOGETHER TO HELP ENTREPRENEURIAL AND EMERGING OPPORTUNITIES. AUSTIN IS A CITY OF PROGRESSIVE AND GREEN CITIZENS WHO ARE EAGER TO ADOPT THE PRODUCTS THAT WILL COME OUT OF THESE COMPANIES. AND WE CAN ALL RIGHTLY BE PROUD OF THE AWARD WINNING PROGRAMS THAT WE HAVE HERE. A FEW WOULD BE GREEN BUILDING, RECYCLING, GREEN CHOICE, SOLAR EXPLORER, THE LIST GOES ON AND ON. CERTAINLY THE -- THE TECHNOLOGY INCUBATOR AND THE NEW CLEAN ENERGY INCUBATOR ADD TO THOSE LIST OF PROGRAMS WE CAN BE PROUD OF. ONE -- ONE QUICK DIGRESSION, WE HAVE ALL SEEN THE WIND CHARGERS IN WEST TEXAS. TO ME THEY ARE IMAGE JEST STICK, MESMERIZING, ABSOLUTELY BEAUTIFUL. FOR EVERY ONE OF THOSE WIND CHARGERS, A MILLION LEAVES THE STATE OF TEXAS. I WOULD LIKE TO KEEP THAT MONEY HERE AT HOME, PAYING SALARIES OF OUR CITIZENS, I WOULD LIKE THOSE PROFITS TO STAY IN OUR COMMUNITY. JUST FOR CLAIRE CAGE, WHAT IS CLEAN ENERGY? FIRST IT'S RENEWABLE ENERGY. ENERGY DIRECTLY FROM THE SUN, SOLAR, THERMAL AND PHOTOVOLTAIC. INDIRECTLY FROM THE SUN, WIND, HYDRO POWER, BIOS MASS, OUR ECONOMICS AND MOVEMENT OF THE ENVIRONMENT, GEOTHERMAL. EVERYTHING FROM TAKING OUT LIGHT BULBS TO IMPROVING THE FUEL ECONOMY OF INTERNAL COMBUSTION ENGINES. WE THINK THERE'S A HUGE AND EMERGING MARKET HERE. ONE ESTIMATE PUTS IT AT $180 BILLION PER YEAR AVERAGE OVER THE NEXT 20 YEARS. THAT'S COMPARABLE, IF NOT LARGER TO THE SEMICONDUCTOR INDUSTRY. SECOND, THIS IS A -- A GREAT TIME. THERE'S REAL PROFIT POTENTIAL HERE AND -- AND I BELIEVE THAT THE CLEAN ENERGY INDUSTRY IS THIS CLOSE TO BEING READY FOR PRIME TIME. THIS CLOSE TO BEING FULLY COMPETITIVE WITH TRADITIONAL ENERGY SOURCES WITHOUT THE POLLUTION, WITHOUT THE HIDDEN EXTERNALIZED COST AND WITHOUT THE VOLATILITY AND SUPPLY AND COST. THERE'S A COUPLE OF OTHER ITEMS THERE THAT YOU CAN SEE IN YOUR PACKET. THE ENVIRONMENTAL BENEFITS ARE A WONDERFUL BYPRODUCT OF THIS. CLEANER AIR, AUSTIN HOVERS ON THE VERY EDGE OF NON-ATTAINMENT. THESE KIND OF COMPANIES COULD HELP US MOVE AWAY FROM THAT. A BRIEF HISTORY OF THE AUSTIN CLEAN ENERGY INITIATIVE. PAUL ROBINS WHO IS PROBABLY WELL KNOWN TO THIS GROUP, CALLED ME ONE DAY AND SAID "CHIP, WHY HAVEN'T WE RECRUITED CLEAN ENERGY COMPANIES?" I SAID, "I DON'T KNOW PAUL, THAT'S A REALLY GOOD QUESTION, I WILL WORK ON IT." SO I STARTED LOOKING AROUND, I WONDERED WHAT ENTITY HAD THE POWER TO PUSH CLEAN ENERGY FORWARD. GOVERNMENT HAS A ROLE, GRASS ROOTS EFFORTS HAVE A ROLE, BUT BUSINESS IS THE ENTITY THAT HAS THE POWER, THE MONEY, RESOURCES TO MOVE THIS -- THIS FORWARD IN A BIG WAY AND NOW THERE'S THE PROFIT POTENTIAL THAT GIVES THEM THE INCENTIVE TO DO THAT. THE TIME IS RIGHT. THE COMMITTEE QUICKLY CAME TOGETHER. WE STARTED MEETING AT IC SQUARED INSTITUTE. IT'S VERY INTERESTING IN THE VERY ROOM WHERE THE AUSTIN SOFTWARE COUNCIL WAS FOUNDED THE AUSTIN CLEAN ENERGY INITIATIVE GOT STARTED AS WELL. WE HAVE THREE OBJECTIVES. THE FIRST IS TO SUPPORT THE -- TO SUPPORT THE CLEAN ENERGY INCUBATOR AT THE UNIVERSITY OF TEXAS. NATIONAL RENEWABLE ENERGY LABS STARTED AN ALLIANCE OF THESE I THINK BAIRTS. I'M PROUD TO SAY THAT AUSTIN WAS THE FIRST OF THE 10 THAT ARE CURRENTLY IN THE ALLIANCE. SECOND, WE WANT TO FOSTER SOME ECONOMIC DEVELOPMENT WORK IN AUSTIN. THIS IS A CRITICAL TIME FOR US. WE HAVE TAKEN A HIT IN THE ECONOMIC NEED TO DO SOMETHING. NOW IS THE TIME TO PLANT THESE SEEDS IN THE CLEAN ENERGY INDUSTRY. THIRD, WE WANT TO RECRUIT...

... FOR CLEAN ENERGY. BUT WE NEED SOMETHING TO GALVANIZE THIS ACTIVITY AND DRAW INTERNATIONAL ATTENTION TO AUSTIN. OUR RECENT ACTIVITIES, THE NETWORK OF SUPPORTERS HAS BEEN GROWING, WE HAVE ENCOUNTERED ENTHUSIASM AND INTEREST FROM JUST ABOUT EVERYONE THAT WE TALKED TO. WE HAD OUR FIRST EVENT ON MAY 14th , I WANT TO THANK COUNCILMEMBER WYNN FOR COMING AND SPEAKING. AND COUNCILMEMBER SLUSHER FOR ATTENDING AND GIVING US HIS SUPPORT AS WELL. WE HAD OVER 230 PEOPLE SHOW UP FAR MORE THAN WE ANTICIPATED. THE NEXT STEP IS A RESEARCH REPORT THAT COUNCILMEMBER WYNN REFERRED TO. WE WANT TO THOROUGHLY AND COMPREHENSIVELY DOCUMENT WHAT THIS OPPORTUNITY IS AND WHAT IT CAN MEAN FOR AUSTIN. WE'VE HIRED IC. SQUARED -- SQUARED TO WORK, VINSON AND ELKINS AND ANGELOU ECONOMICS CONTRIBUTED A MAJOR IN-KIND CONTRIBUTION. AS COUNCILMEMBER WYNN SAID, WE WILL QUALIFY FOR ECONOMIC DEVELOPMENT GRANTS WITH THE RESOLUTION THAT WE HOPE THAT YOU CAN PASS TOMORROW. WE WANT TO ASK FOR SUPPORT IN FOUR CRITICAL AREAS. FIRST JUST YOUR GENERAL SUPPORT, THAT'S PRETTY NEBULOUS, BUT SPECIFICALLY THAT MEANS WE NEED YOUR ADVICE, WISDOM, INSIGHTS INTO OUR ACTIVITY. SECOND, WE NEED VISION, LEADERSHIP AND COURAGE. THE ELECTRIC UTILITY INDUSTRY HAS BEEN A VERY CONSERVATIVE INDUSTRY. ITS MAIN FOCUS WAS RELIABILITY, RIGHTLY SO. BUT AS WE MOVE INTO A DEREGULATED MARKET AND WITH THE NEW WORLD EVENTS, WE NEED SOMEONE TO STEP UP THAT CAN SHOW LEADERSHIP INTO NEW AREAS. WE ARE COUNTING ON YOU FOR THAT. THIRD, WE WOULD LIKE TO REQUEST THE CITY COUNCIL OR AUSTIN ENERGY'S PARTICIPATION AS AN UNDERWRITER FOR OUR RESEARCH REPORT. WE THINK THE CITY'S PARTICIPATION ON THAT IS VITALLY IMPORTANT TO DEMONSTRATE THE THOROUGHNESS OF THE COMMUNITY'S INVOLVEMENT. FOURTH, PASSING THIS RESOLUTION TOMORROW WILL BE A GREAT HELP TO US IN GETTING OUTSIDE DOLLARS TO HELP US WITH OUR MISSION. SO, IN SUMMARY, WE THE PARTICIPANTS OF THE AUSTIN CLEAN ENERGY INITIATIVE WANT TO MAKE AUSTIN THE HOME OF THE CLEAN ENERGY FUTURE. WITH YOUR HELP, WE CAN CREATE JOBS AND WEALTH, DIVERSIFY AND STRENGTHEN OUR REGIONAL ECONOMY, MAKE A CONTRIBUTION TO A SUSTAINABLE WORLD AND IMPROVE THE ENVIRONMENT. I THANK YOU VERY MUCH FOR YOUR ATTENTION, WE ARE WELCOME TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE. THANK YOU.

THANK YOU VERY MUCH, CHIP. COUNCILMEMBER?

WYNN: THANK YOU. ALSO IF I CAN, MAYOR, I WOULD LIKE TO INTRODUCE RANDY SHADE THE THIRD MEMBER FOR THE SPHERE COMMITTEE FOR AUSTIN CLEAN ENERGY INITIATIVE ENTERED THE ROOM LATE. A COUPLE OF ADDITIONAL POINTS IF I CAN, IN ADDITION TO WHAT WE HAVE HEARD FROM THE PRESENTATION ABOUT REALLY I THINK JUST SOME OBVIOUS REASONS WHY CLEAN ENERGY AS AN INDUSTRY MAKES SENSE AS AN INDUSTRY CLUSTER FOR AUSTIN IS THAT IT ALSO COMES AT A TIME WHEN THE UNIVERSITY OF TEXAS HAS JUST BROUGHT IN NEW LEADERSHIP FOR THEIR COMMERCIALIZATION EFFORT, WHICH COULD HAVE A HUGE HONK-TERM IMPACT FOR OUR -- HUGE LONG-TERM IMPACT. IT'S A LEADER IN THE COUNTRY, REALLY THE WORLD IN ITS RESEARCH AND PATENT OPPORTUNITIES, YET THEY WILL ADMIT THAT THEY -- THAT IN FACT THEY RANK QUITE LOW IN SORT OF THE COMMERCIALIZATION OF THAT. WITH U.T.'S FOCUSING ON COMMERCIALIZATION OF THEIR PATENTS AND WITH CLEAN ENERGY BEING AN INTEGRAL PIECE OF THEIR FUTURE RESEARCH, THERE'S JUST AN OBVIOUS LINK WITH THE WORK THAT U.T. IS DOING. INTERESTINGLY ENOUGH, IN ADDITION TO THAT, AUSTIN HAS THE -- HAS AN EXISTING NATIONAL REPUTATION FOR CLEAN ENERGY. IN ADDITION TO JUST THE GREEN CHOICE PROGRAMS AND THE GREEN BUILDING PROGRAMS THAT AUSTIN ENERGY HAS, NEXT YEAR WE WILL BE HOSTING -- AUSTIN WILL BE HOSTING THE TWO LARGEST NATIONAL CONVENTIONS FOR CLEAN ENERGY. IN MAY OF '03 THE AMERICAN WIND ENERGY SEWING WILL BE HOLDING THEIR ANNUAL MEETING HERE, THAT'S ACTUALLY CO-SPONSORED BY THE U.S. DEPARTMENT OF ENERGY. AND THEN IN JUNE OF '03, THE AMERICAN SOLAR ENERGY SOCIETY WILL BE HOLDING ITS NATIONAL CONFERENCES AT THE CONVENTION CENTER. SO -- SO IN THE NATIONAL ARENA, WE ALREADY HAVE, I THINK, A LEG UP IN AN ASSOCIATION AND IDENTIFICATION WITH CLEAN ENERGY AND THIS IS AN OPPORTUNITY FOR US TO TAKE ADVANTAGE OF THAT ECONOMICALLY AND THERE'S ABSOLUTELY NO REASON WHY AUSTIN COULDN'T BECOME THE -- YOU KNOW, I WOULD LIKE TO SAY SORT OF THE DETROIT OF THE CLEAN ENERGY INDUSTRY FOR THE NEXT CENTURY OR SO.

MAYOR GARCIA: THANK YOU, COUNCILMEMBER. QUESTIONS FOR -- FOR CHIP OR FOR THE COUNCILMEMBER? I HAVE ONE QUICK QUESTION. THE RESEARCH REPORT ABOUT HOW LONG IS IT GOING TO TAKE?

SEVERAL MONTHS, WE ARE TARGETING OCTOBER 4th FOR THE RELEASE. WE NEED TO GET SOME FUNDS IN HAND PRETTY QUICK TO MAKE THAT, BUT WE HAVE THREE RESEARCHERS ON THE GROUND AS WE SPEAK.

GOOD. I THINK THIS IS A VERY EXCITING PROJECT. GIVEN WHAT WE HAVE IN THE WAY OF NEEDS AND ENERGY. GIVEN WHAT WE HAVE IN THE WAY OF AIR QUALITY THREATS THAT WE HAVE. SO THIS -- THIS COMES AT A VERY GOOD TIME. AND I'M GLAD THAT COUNCILMEMBER WYNN, YOU PUT THE COMMITTEE TOGETHER TO, YOU KNOW, TO -- TO PUSH THIS INITIATIVE FORWARD. THE CITY OF AUSTIN PARTICIPATED IN THE TECHNOLOGY INCUBATOR WHEN IT WAS FIRST STARTED AND I THINK WE STILL CONTRIBUTED A LITTLE BIT, NOT VERY MUCH. BUT THAT HAS BEEN A VERY GOOD ENTERPRISE. I THINK THIS CAN HAVE THE SAME DEGREE OF SUCCESS. MY BEST WISHES, WE LOOK FORWARD TO PASSING THE RESOLUTION TOMORROW/MAYOR, I WANT TO THANK COMMON FOR BRINGING THIS OUT OF COMMITTEE. FOR ME THIS MAKES A LOT OF SENSE BECAUSE IT JUST HAS TO BE THE CONTINUING WAVE INTO THE FUTURE, TO EXPAND IN THE FUTURE THAT REALLY HAS TO BE WHERE THE COUNTRY I THINK AND THE WORLD GOES. AUSTIN HAS A WORKFORCE THAT'S VERY WELL QUALIFIED TO -- TO FORWARD JOBS IN THIS INDUSTRY. IT WILL BRING GOOD PAYING ENVIRONMENTALLY SOUND JOBS INTO AUSTIN. NOT ONLY WILL THEY BE ENVIRONMENTALLY SOUND JOBS, BUT THEY WILL BE JOBS THAT ARE CREATING A CLEANER ENVIRONMENT AROUND THE WORLD. SO I THINK THIS IS A REALLY, REALLY GREAT IDEA. AND I LOOK FORWARD TO CONTINUING TO WORK ON THEM.

MAY I RESPOND, COUNCILMEMBER SLUSHER? I MENTIONED THE JOBS. THERE'S CERTAINLY MANAGEMENT, EXECUTIVE POSITIONS AND ENGINEERING JOBS, BUT MORE IMPORTANTLY THIS COULD BRING MANUFACTURING JOBS, SO-CALLED BLUE COLLAR JOBS THAT ARE SO HARD TO GET AHOLD OF. THAT WAY WE COULD BENEFIT BOTH SIDES OF THE SO-CALLED DIGITAL DIVIDE. THAT'S A CRITICAL PIECE OF WHAT WE WANT TO DO.

SLUSHER: ABSOLUTELY.

MAYOR GARCIA: WE WERE -- THE AUSTIN SISTER CITY DELEGATION WAS IN GERMANY THIS PAST WEEK, AS A MATTER OF FACT I CAME BACK YESTERDAY, THEY ARE HEAVILY INTO THIS PARTICULAR INITIATIVE. THEY HAVE -- DON'T HAVE ANY CHOICE, THEY HAVE THOSE WIND TURBINES OR WHATEVER IT IS, BIG FANS.

WIND CHARGERS.

WIND CHARGERS.

MAYOR GARCIA: AND I SUSPECT THAT WE COULD USE SOME OF THE FOLKS IN THE SISTER CITY ASSOCIATION, TO LOOK AT WHAT KIND OF COOPERATION WHERE...... WE CAN DEVELOP WITH THE GERMANS ON THIS PARTICULAR INITIATIVE. I THINK THEY ARE LIKE WE ARE IN THE SAME SITUATION.

STEVE AND I STAND READY TO MAKE A TRIP ON BEHALF OF THE CITY. [ LAUGHTER ]

MAYOR GARCIA: OKAY. THANK YOU VERY MUCH. THANK YOU, COUNCILMEMBER WYNN. THE NEXT ITEM IS A BRIEFING ON ADMINISTRATION PROCESS FOR THE LAND DEVELOPMENT CODE REQUIREMENTS FOR CONSTRUCTION PROJECTS REQUIRED TO COMPLY WITH AN ADMINISTRATE ORDER ISSUED BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY, REQUIRING THE ELIMINATION OF SANITARY SEWER OVERFLOWS FROM THE CITY'S WASTEWATER COLLECTION SYSTEM. CITY MANAGER?

FUTRELL: WELL, AS YOU KNOW, WE ARE FACED WITH A MAJOR, MASSIVE INITIATIVE IN ORDER TO MEET THE E.P.A. GUIDANCES. AND IT IS REQUIRING US TO -- TO DO BUSINESS A LITTLE BIT DIFFERENTLY IN ORDER TO MEET THOSE DEADLINES AND THIS IS ONE -- THE PROCESS THAT WE ARE ABOUT TO TALK YOU THROUGH, IS SOMETHING THAT I BELIEVE THAT IS ON FOR ACTION TOMORROW. BUT WE WANTED TO BE SURE THAT YOU HAD ALL OF THE INFORMATION, SO WE WANTED TO BRIEF YOU UP FRONT AND GIVE YOU AN OPPORTUNITY TO ASK ANY QUESTIONS. BECAUSE THIS IS A DIFFERENT WAY OF DOING BUSINESS IN ORDER TO STREAMLINE THIS PROCESS AND HELP US MEET THESE DEADLINES. WITH THAT, I WILL -- WHO IS GOING TO TAKE THE LEAD? CHRIS? I WILL TURN IT OVER TO CHRIS LIPPY THE DIRECTOR OF OUR WATER UTILITY.

GOOD MORNING, MAYOR AND CITY COUNCIL MEMBERS. MY NAME IS CHRIS LIPPY, I'M THE DIRECTOR OF WATER AND WASTEWATER DEPARTMENT. WITH ME TO PRESENT THIS INFORMATION THIS MORNING IS MIKE HEIGHTS DIRECTOR OF WATERSHED, REASON THAT RENALDO CANTU AND THE PROJECT MANAGER FOR THIS CLEAN WATER PROGRAM FOR THE UTILITY. WE ARE HERE TO PRESENT INFORMATION ON THE AUSTIN CLEAN WATER PROGRAM. THAT -- A PROGRAM FOR THE ELIMINATION OF WASTEWATER COLLECTION SYSTEM OVERFLOWS. FIRST I WOULD -- TO HELP FRAME THE FOLLOWING DISCUSSION, LET ME GIVE YOU SOME BACKGROUND INFORMATION ABOUT THE UTILITY, ABOUT OUR COLLECTION SYSTEM. THE SYSTEM CONSISTS OF -- OF OVER 2200 MILES OF PIPELINE, WATER AND WASTEWATER LINES, RANGING FROM AS LITTLE AT FOUR INCHES IN DIAMETER TO 84 INCHES. 37,000 MANHOLES IN THE SYSTEM. WE HAVE 104 WASTEWATER LIFT STATIONS OR PUMPING STATIONS. 3 MAJOR WASTEWATER TREATMENT PLANTS AND THE HORNSBY BEND BIO MANAGEMENT FACILITY. IN ORDER TO SERVE 95,000 CUSTOMER CONNECTIONS. SO BASICALLY THIS IS A MASSIVE PUBLIC PLUMBING SYSTEM. UNFORTUNATELY IN A WASTEWATER COLLECTION SYSTEM OF THIS SIZE, OVERFLOWS OCCUR. WE ARE HERE TODAY TO DESCRIBE THE PROBLEM, INFORM OF YOU OUR PROGRAM TO ELIMINATE OVERFLOWS, AND TO BRIEF YOU ON RELATED UPCOMING COUNCIL ITEMS RECOMMENDED TO EXPEDITE THE PROGRAM. AGAIN, THE PURPOSE OF THIS ENTIRE PROGRAM IS TO ELIMINATE SANITARY SEWER OVERFLOWS. AND -- AND IN MORE SPECIFIC -- MORE SPECIFICALLY TO PROTECT THE PUBLIC HEALTH AND TO PROTECT THE ENVIRONMENT. WE HAVE A NUMBER OF CAUSES OF OVERFLOW. TWO GENERAL TYPES REFERRED TO AS DRY WEATHER OVERFLOWS, WET WEATHER OVERFLOWS. MANY OF THESE OVERFLOWS ARE RELATED TO THE AGING INFRASTRUCTURE. YOU HEAR THAT TERM OCCASIONALLY. IN THIS CASE WE ARE TALKING ABOUT WASTEWATER LINES IN PARTICULAR. WE HAVE -- WE HAVE AN AGING SYSTEM, SOME OF OUR LINES ARE AS OLD AS 100 YEARS OLD. AND THAT LEADS TO A NUMBER OF CAUSES IN ITSELF, JUST THE -- AS THE LINES DETERIORATE, THEY AGAIN TO COLLAPSE OR COMPLETELY COLLAPSE, CAUSING A BLOCKAGE, BACKUP OF WASTEWATER AND THEN AN OVERFLOW TYPICALLY OUT OF A MANHOLE. OTHER DRY WEATHER CAUSES, THOUGH, ARE ROOTS THAT GET INTO THE SYSTEM, GET INTO THE LINES, TREE ROOTS AND THEN THAT COLLECTS DEBRIS AND AGAIN CAUSES A BLOCKAGE AND A BACK UP. GREASE IS ANOTHER TYPE OF BLOCKAGE. ALL OF THESE CAUSES ARE WORSENED DURING WET WEATHER. MORE FLOW, AGAIN IT'S RELATED TO THE AGING INFRASTRUCTURE BECAUSE AS THE LINES HAVE MORE -- MORE CRACKS AND DEFECTS, THEN YOU HAVE MORE RAIN WATER, GROUND WATER, EXTRANEOUS WATER GETTING INTO THE SYSTEM. SO NOW YOU HAVE MORE FLOW TO DEAL WITH, JUST GOING TO WORSEN THE PROBLEM IN THE EVENT OF A BACKUP. WE HAVE A COUPLE OF PICTURES OF OUR EXAMPLES OF OVERFLOWS. THE FIRST ONE -- THE FIRST ONE APPEARS TO BE A WET WEATHER EVENT. SO YOU HAVE -- YOU HAVE MORE FLOW AND A LITTLE MORE DRAMATIC. YOU SEE FLOW ACTUALLY COMING UP OUT OF A MANHOLE. ANOTHER PICTURE IS JUST -- WE FOLLOW UP ON EACH -- EACH EVENT. LOOK FOR THE CAUSE, THERE'S A SOLUTION THAT WE ARE SEEKING FOR EACH, HERE'S AN EXAMPLE OF PIPE BEING REPLACED AND REPAIRED. WE HAVE A MAP THAT WE PLOTTED ALL OF THE OVERFLOWS SINCE 1995. YOU WILL SEE THEY ARE ALL AROUND THE CITY. IF YOU CAN -- IF YOU CAN -- AS I'M NOT SURE IT SHOWS UP ON THIS, ON THE SCREEN THAT WELL, BUT WHEN YOU LOOK AT THE MAP, YOU DO SEE A TENDENCY TOWARDS THE CENTRAL PART OF THE CITY, WHICH MAKES SENSE. THAT'S WHERE THE OLDER LINES ARE. THE OLDEST LINES ARE IN THE CENTRAL PART OF THE CITY. SO YOU DO SEE THAT REFLECTED IN THE LOCATIONS OF OVERFLOWS. THE AMOUNT OF WASTEWATER OVERFLOW IS SIGNIFICANT. YOU CAN SEE A TREND WHERE WE BEGIN DRAFT THE VOLUMES BY YEAR. IT'S A DECREASING TREND WHICH WE BELIEVE INDICATES A GOOD RESPONSE AND CONTAINMENT -- METHODS OF CONTAINING OVERFLOW AND REDUCING THE TIME AND THE VOLUME OF -- OF THE SPILL. BUT THE CAUSES ARE STILL PRESENT. THE NUMBER OF OVERFLOWS CONTINUE AT A SIMILAR LEVEL. SO THAT'S -- THAT'S NOW WHAT THIS PROGRAM IS GOING TO BE AIMED AT IS -- IS ACTUALLY ELIMINATING THE OVERFLOWS, GETTING THE NUMBER OF OVERFLOWS DOWN. THE NEXT SLIDE SHOWS -- AGAIN ON QUANTITY OF OVERFLOWS, SINCE 1995. WE ARE LOOKING -- WE HAVE TOTALED 18 MILLION GALLONS OVERFLOWED SINCE 1995. TO PUT THAT IN A LITTLE PERSPECTIVE, THOUGH, THAT'S -- THE LARGEST ONE PERCENT OF THOSE OVERFLOWS, THE TOP 10 OVERFLOWS, ACCOUNT FOR 57% OF THE VOLUME. SO THERE ARE A FEW VERY, VERY MAJOR EVENTS THAT HAVE OCCURRED. THE MORE TYPICAL, WHICH YOU WILL SEE ON THE NEXT SLIDE, IS 500-GALLONS WOULD BE THE TYPICAL, THE MEDIAN OVERFLOW, SO IT'S RELATIVELY SMALLER EPISODES. BUT WE DO HAVE OVER A THOUSAND OVERFLOW SINCE 1995 TO PRESENT. THAT -- THE TOTAL VOLUME THAT WE ARE TALKING ABOUT, I MEAN, IT'S -- IT'S A -- IT'S A HIGH VOLUME. IT IS ONLY ZERO -- 0.007% OF THE WASTEWATER THAT IS COLLECTED AND DELIVERED TO TREATMENT PLANTS FOR TREATMENT AND EITHER REUSED OR RETURNED TO THE COLORADO RIVER. SO RELATIVE TO THE TOTAL CITY AND THE TOTAL VOLUME, YOU KNOW, 90 MILLION GALLONS A DAY PER DAY THAT WE COLLECT AND TREAT, IT'S RELATIVELY SMALL, BUT NEVERTHELESS IT'S -- IT'S A PROBLEM THAT -- THAT -- IT'S A -- IT'S A POTENTIAL PUBLIC HEALTH AND ENVIRONMENTAL PROBLEM AND THE AIM IS TO ELIMINATE THOSE OVERFLOWS. THE CLEAN WATER ACT. A LITTLE BIT OF BACKGROUND ON THAT. IT REQUIRES PERMITS FOR ALL DISCHARGES. SO THERE ARE NO UNAUTHORIZED DISCHARGES PER THE CLEAN WATER ACT. WE HAVE PERMITS THAT WE RECEIVE FOR DISCHARGES FROM THE E.P.A. AND TNRCC. AT OUR MAINLY PLANT OR AT ALL OF OUR PLANTS. THOSE PERMITS, OF COURSE, DO NOT AUTHORIZE THE DISCHARGE OUT IN THE COLLECTION SYSTEM OF UNTREATED WASTEWATER, THAT'S THE ISSUE AND THE PROBLEM. WE -- WE REPORT ALL OF THESE OVERFLOWS TO E.P.A. ON A MONTHLY BASIS. AND HAVE FOR A LONG TIME. AND THEN BASED ON THAT, THEY HAVE COME -- THEY ASKED US FOR A PLAN OF HOW WE WOULD ADDRESS THE OVERFLOWS AND THEN ISSUED US THE ADMINISTRATIVE ORDER, WHICH WILL -- WHICH WE WILL BE WORKING UNDER THE NEXT FEW YEARS. LET ME GIVE A COUPLE OF QUICK DEFINITIONS, WE WILL BE TALKING ABOUT ADMINISTRATIVE ORDERS, YOU WILL SEE IT WRITTEN OR REFERRED TO AS A.O. THAT'S THE ADMINISTRATIVE ORDER ISSUED BY E.P.A. TO THE CITY OF AUSTIN AND S.S.O.'S ARE SAN ANTONIO ARY SEWER OVERFLOWS, THE OVERFLOWS THAT WE WILL BE DISCUSSING. A LITTLE BIT OF BACKGROUND ON THE E.P.A. ORDER. AGAIN, WE SUBMITTED OUR ACTION PLAN IN THE FALL OF '98 BASED ON INVENTORY OF OVERFLOWS THAT WE HAD BEEN TRACKING. APRIL 29th , 1999, THE E.P.A. ISSUED THE ADMINISTRATIVE ORDER TO THE CITY. IT LISTS 14 TASKS, EACH WITH A TART AND COMPLETION DATE -- A START AND A COMPLETION DATE, THOSE RANGE FROM PARTICULAR FIXES TO STUDIES TO CONSTRUCTION PROJECTS AND THEN THE LAST ITEM IS ATTAIN COMPLIANCE WHICH WOULD BE ELIMINATION OF THE OVERFLOWS. WE WILL GO INTO THAT IN SOME MORE DETAIL IN JUST A MINUTE. WE CAN'T REALLY FEEL GOOD ABOUT THIS, BUT WE ARE NOT THE ONLY CITY UNDER THESE TYPES OF ORDERS. THIS IS A NATIONWIDE PROGRAM, TREATMENT PLANTS AND TREATMENT QUALITY TO COLLECTION SYSTEMS. IN TEXAS, FORT WORTH HAS SPENT $212 MILLION ON THIS -- ON THE SAME PROGRAM. DALLAS $186 MILLION. HOUSTON SPENT $1.5 BILLION. AND SAN ANTONIO IS IN THE EARLY STAGES OF A SIMILAR PROCESS, SO WE DON'T HAVE A COST FOR SAN ANTONIO. AT THIS POINT LET ME INTRODUCE RENALDO CANTU, HE'S OUR EXECUTIVE SPONSOR OF THIS PROGRAM AT THE UTILITY AND ASK HIM TO DESCRIBE THE PROGRAM AND THE RESULTS TO DATE AND WHERE WE ARE HEADING WITH THIS. I WILL TURN IT OVER TO MIKE TO DISCUSS THE ORDINANCE THAT WILL BE ON THE COUNCIL AGENDA TOMORROW. RENALDO.

THANK YOU, CHRIS. EXECUTIVE DIRECTOR, WATER AND WASTEWATER UTILITY. AS CHRIS STATED IN THE FALL OF 1998, WE RECEIVED NOTICE FROM THE E.P.A. THAT THEY WERE GOING TO HE SHOULD AN ADMINISTRATIVE ORDER AGAINST THE CITY BECAUSE OF THE OVERFLOWS. AND WE SAT DOWN WITH E.P.A. AND DEVELOPED A SCHEDULE FOR COMPLETION OF THE ELIMINATION OF OVERFLOWS. NEGOTIATED THE DIFFERENT TASKS IN THAT SCHEDULE. AND ALSO THE DEADLINES FOR COMPLETION. THE E.P.A. GAVE US SEVEN YEARS TO COMPLETE THE STUDIES AND THE REPAIRS FOR WHAT WE DETERMINED WERE DEFICIENCIES IN THE SYSTEM. ONE OF THE FIRST STEPS THAT WE UNDERTOOK AS THE UTILITY, THIS WAS BACK IN '97, WAS DOING IN-FLOW AND INFILTRATION STUDIES OF OUR SYSTEM, WHICH WOULD TELL US WHERE THE MAIN CULPRITS OF THE I.N.I. IN THE SYSTEMS WERE, WHICH PIPES HAVE THE MOST DETERIORATION, THEREFORE ARE INTRODUCING MORE EXTRANEOUS WATER INTO THE SYSTEM THAT SHOULD NOT HAVE TO BE TREATED THROUGH THE TREATMENT PLANTS. THOSE STUDIES HAVE BEEN COMPLETED. AND HAVE IDENTIFIED THOSE AREAS AND THE DIFFERENT WREARDZ WHERE WE HAVE THE -- WATERSHEDS WHERE WE HAVE THE GREATEST AMOUNT OF I.N.I. WE ALSO AT THAT TIME LOOKED...

WE INITIATED A VARIANCE ORDINANCE FOR THIS ACCELERATED PERMITTING PROCESS. WE HAVE ALSO PUT TOGETHER A DESIGN ROTATION ANALYST OF CONSULTANTS THAT WILL BE UNDERTAKING THE -- THE DESIGN OF THE RECOMMENDATIONS FROM THE SSES STUDIES. ONCE THE PROGRAM MANAGER HAS AN OPPORTUNITY TO REVIEW THE RECOMMENDATION FROM THE SEPARATE DESIGN CONSULTANTS, THEN THEY WILL BE MAKING A RECOMMENDATION AND THEN WE WILL TAKE ENGINEERS OFF OF THIS ROTATION ANALYST TO START DESIGNING THE IF I CANS FOR THE SYSTEM. -- THE FIXES FOR THE SYSTEM. THAT ITEM IS ALSO SCHEDULED FOR COUNCIL ACTION TOMORROW, THE ROTATION LIST. OF THE 14 TASKS THAT WERE IDENTIFIED IN THE ADMINISTRATIVE ORDER, WE HAVE COMPLETED FIVE OF THOSE 14. AND -- EXAMPLE OF THAT ARE THE I.N.I. STUDIES, SOME LIFT STATION ELIMINATIONS THAT WERE IDENTIFIED IN THE -- IN THE ADMINISTRATIVE ORDER. AND WE ARE ALSO ON OR AHEAD OF SCHEDULE ON THE REMAINING ACTIVITIES. WHAT IS IT THAT WE INTEND TO BE THE RESULT OF THIS PROGRAM? AND THE RESULT OF THIS WOULD BE TO HAVE CLEANER WATER AND CREEKS AND RECREATIONAL AREAS BY BEING ABLE TO ELIMINATE THE OVERFLOWS -- WE DON'T HAVE THE SPILLS AND THEREFORE WE ALSO HAVE THE COMMUNITY HEALTH AND SAFETY ISSUES. NOT HAVING SEWAGE ON THE GROUND, THE INTENT IS TO GET IT FROM THE RESIDENTS, COMMERCIAL PROPERTIES TO THE TREATMENT PLANT AND HAVING IT ON THE GROUND COULD CREATE HEALTH AND SAFETY ISSUES WHICH WE WANT TO AVOID. IT'S ALSO A REINVESTMENT AND RENEWAL OF OUR EXISTING $1.5 BILLION WASTEWATER INFRASTRUCTURE. THE SYSTEM AS ITS SET UP IS A COLLECTION SYSTEM, IT'S -- IT'S GRAVITY DRIVEN. WE DO HAVE SOME LIFTATIONS THAT DO PUMP -- LIFT STATIONS THAT DO PUMP OVER LOW LYING AREAS INTO THE COLLECTION SYSTEM. BUT THE MAJORITY OF THE SYSTEM IS A GRAVITY SYSTEM. AND BY PUTTING THE DOLLARS INTO THIS PROJECT TO COMPLETE THESE REPAIRS AND ELIMINATE THE OVERFLOWS, IT'S A REINVESTMENT IN THAT INFRASTRUCTURE. NEXT SLIDE SHOWS -- SHOWS THE E.P.A. ORDERED ACTION AND SEVERAL DIFFERENT TASKS IDENTIFIED, LIFT STATION ELIMINATION BEING ONE, ALL THESE TASKS HAVE START AND FINISH DATES THAT ARE -- THAT ARE PART ADMINISTRATIVE ORDER. THE PENALTIES THAT WOULD BE ASSOCIATED WITH THIS -- WITH THIS NOT MEETING THE PARTICULAR TASKS ARE -- ARE TIED TO THE DEADLINES. IF WE FAIL TO MEET A DEADLINE, THEN WE RUN INTO PROBLEMS WITH THE E.P.A., WE COULD FACE PENALTIES AND FINES. AS YOU CAN SEE, WE HAVE A VERY AGGRESSIVE SCHEDULE -- YES, SIR?

MAYOR GARCIA: WHAT DOES [INAUDIBLE] MEAN.

THAT'S TELEMETRY THAT WE INSTALLED IN OUR LIFT STATIONS. IT'S SO THAT WE CAN CHECK ON THE ELEVATOR STATIONS TO MAKE SURE THAT THEY ARE OPERATING PROPERLY. IT'S AN OVERFLOW AVOID I CAN'T ANSWER TYPE OF PROJECT IN THAT WE CAN ACTUALLY CALL THE LIFT STATION AT ANY TIME TO FIND OUT HOW THE OPERATION IS PROCEEDING. WE ARE NOT WAITING FOR ANY INFORMATION TO COME TO US TO TELL US THERE'S A PROBLEM. WE CAN MONITOR THAT TO ENSURE THAT THERE ARE NO -- NO PROBLEMS WITH THE LIFT STATION OR NO OVERFLOWS OCCURRING AT THE TIME. SO IT'S TELEMETERY THAT'S IN PLACE TO GIVE US AN IDEA OF HOW THE SYSTEM IS OPERATING. SO THOSE -- THOSE MAJOR TASKS IDENTIFIED. WE THEN FROM THE MAP THAT YOU CAN SEE, WE ALSO HAVE A -- A MAP.... HERE -- A MAP HERE TO LOOK AT. THE SHADED AREAS ARE THOSE AREAS WHERE THE I.N.I. STUDIES TOLD US WE HAD MAJOR INFLOW AND INFILTRATION PROBLEMS. SO THE SSES STUDIES THAT WE CONDUCTED WERE IN THOSE SHADED AREAS. WE BROKE UP THE CITY INTO THE THREE CROSS TOWN INTERPRET....ACCEPTTORE -- INTERCEPTOR BASE SINCE. WE HAVE THREE MAJOR TUNNELS, CROSS TOWN TUNNEL, ONION CREEK TUNNEL, THE GOVALLE TUNNEL. THESE TUNNELS PICK UP THE FLOWS FROM THE COLLECTION SYSTEM AND DELIVERY TO THE DIFFERENT PLANTS. IN ORDER TO HAVE A MANAGEABLE APPROACH IN TERMS OF IDENTIFYING PROBLEMS AND CORRECTING THEM, WE NEGOTIATED WITH E.P.A. TO SPLIT UP THE ORDER INTO THREE -- THESE THREE SEGMENTS AND GIVE US TIME LINES FOR THOSE SEGMENT. WITH GOVALLE BEING THE LAST ONE THAT WE ARE TARTING BECAUSE NEEDING -- THAT WE ARE TARGETING BECAUSE OF NEEDING THE GREATER AMOUNT OF LEAD TIME, WE ANTICIPATE THAT WE WILL HAVE THE MAJORITY OF OUR PROBLEMS IN THOSE AREAS. SO THE SCHEDULE THAT WE HAVE, WE ALSO HAVE A POSTER BOARD ON THAT, WHAT WE DID WITH THIS SCHEDULE IS WE -- WE PLOTTED WHERE WE WERE AT IN TERMS OF THOSE TASKS THAT WE WERE ALREADY ACCOMPLISHING OR HAD ALREADY ACCOMPLISHED. AND THEN WHAT THE DEADLINE WAS IN ORDER TO COMPLY WITH E.P.A. ORDER. THEN WE LAID OUT ALL OF THE CRITICAL ITEMS IN THAT SCHEDULE THAT WERE NECESSARY TO BE DONE. AND WHERE WE -- WHERE WE RAN INTO SOME ISSUES AND PROBLEMS WERE IN THE PURCHASING AND PERMITTING. AS YOU KNOW, WE HAVE A PERMING PROCESS THAT -- PERMITTING PROCESS THAT REQUIRES SUBMITTAL OF PLANS, THEN WORKING THROUGH ANY ISSUES WITH THOSE PLANS SUBMITTED. WE KNEW THAT WE WERE GOING TO RUN INTO PROBLEMS IN THAT AREA, SO WE ENGAGED WATERSHED STAFF TO HELP US WORK THROUGH THOSE ISSUES. THE SCHEDULE AS YOU CAN SEE, WE HAVE CROSS TOWN IS SEPTEMBER 2005 FOR COMPLETION OF ALL WORK IN CROSS TOWN AND THE ELIMINATION OF OVERFLOWS IN CROSS TOWN. 00 OF FOR ONION, 2007 FOR GOVALLE, WITH THE ENTIRE PROJECT COMPLETED IN 2007. THE PLAN THAT WE HAVE LAID OUT IN TERMS OF HOW WE ARE GOING TO BE ABLE TO ACCOMPLISH THE ELIMINATION OF THE OVERFLOWS, CALLS FOR -- IN ORDER TO BE SUCCESSFUL, WE HAVE TO HAVE A PUBLIC INFORMATION AND WE HAVE TO HAVE BUY-IN FROM THE PUBLIC BECAUSE ONE OF THE THINGS THAT WE HAVE FOUND IS THAT THE MAJOR CONTRIBUTOR OF OVERFLOWS IS GREASE IN THE SYSTEM. GREASE BLOCKAGES ARE THE -- THE MAJOR CAUSE OF THE NUMBER OF OVERFLOWS THAT WE HAVE. SO HAVING A PUBLIC INFORMATION PROCESS IN PLACE IS GOING TO HELP US ADDRESS THOSE ISSUES WITH THE PUBLIC AND HOW TO CORRECTLY DISPOSE OF GREASE, HOW TO DEAL WITH THEIR OWN PRIVATE PROPERTY LATERALS AND HELPING US TO ACHIEVE THE COMPLIANCE. YOU CAN SEE THE OTHER ASPECTS OF THE PLAN ARE BUILDING A POSITIVE RELATIONSHIP WITH THE STATE AND FEDERAL REGULATORS. IN PAST OUR RELATIONSHIP WITH E.P.A. HAS BEEN ADVERSARIAL SAND WE HAVE NOT -- AND WE HAVE NOT HAD SUCCESS IN DEALING WITH THEM. OUR APPROACH THIS TIME IS TO WORK POSITIVELY TO BUILD THE RELATIONSHIP WITH THEM. WITH THE MAJOR WINS AS WE MOVE FORWARD IN ADDRESSING THIS ADMINISTRATIVE ORDER. AS WE CAN SHOW THEM OUR COMPLIANCE WITH THE SCHEDULE WE HAVE ESTABLISHED AND THEN WE GET THEIR BYE-IN. ALSO WITH -- BUY-IN. OUR OVERFLOWS GO TO TNRCC AND THEN TO E.P.A. TNRCC ACTUALLY DOES INSPECTIONS OF OUR SITES TO SEE HOW WE ARE CONTAINING THESE OVERFLOWS, HOW WE ARE DEALING WITH THE CLEANUP. BECAUSE THE I.N.I. STUDIES ONLY IDENTIFIED THOSE AREAS THAT WERE THE MAJOR CULPRITS OF I.N.I., WE STILL HAVE TO DO WORK ON OTHER BASINS. WE HAVE A COLLECTION SYSTEM THROUGHOUT THE ENTIRE CITY, IN ORDER TO MAKE SURE THOSE OTHER BASINS WERE LOOKED AT, WE HAVE AN ENHANCED MAINTENANCE PROGRAM THAT WE ARE PUTTING IN PLACE TO ADDRESS THOSE OTHER BASINS. IT'S INSPECTION AND LINE CLEANING IN THOSE BASINS TO MAKE SURE THAT WE ARE ADDRESSING ALL ISSUES WITH THE COLLECTION SYSTEM. THE SANITARY SEWER EVALUATION STUDIES ARE GOING TO BE DRIVING OUR CAPITAL IMPROVEMENT PROGRAM FOR THIS PROJECT. AS THE CONSULTANTS IDENTIFY THE PROBLEMS IN THE SYSTEM, THEN WE WILL BE HIRING THE DESIGN CONSULTANTS TO COME UP WITH FIXES AND THEN THAT -- THOSE WILL BE C.I.P. PROJECTS THAT WE WILL IDENTIFY FOR THOSE PICTURE IFS. THE OTHER IMPORTANT PART OF COMPLIANCE IS DOCUMENTING THE ELIMINATION OF OVERFLOWS. E.P.A. WANTS TO SEE SUCCESSES. IN THE ORDER THEY GAVE US, THEY HAD A WHOLE LIST OF ADDRESSES AND LOCATIONS OF THESE OVERFLOWS, THEY WANT ASSURANCES THAT WE HAVE ELIMINATED THOSE OVERFLOWS AT THOSE LOCATIONS, PART OF OUR PROCESS IS TO DOCUMENT ALL OF THAT ELIMINATION. WE ALSO HAVE TO LOOK A THE GREASE CONTROL PROGRAM. WE DO HAVE AN ORDINANCE THAT -- THAT REQUIRES CERTAIN BUSINESSES THAT DEAL WITH GREASE TO BE ABLE TO HAVE GREASE TRAPS ON PRIVATE PROPERTY TO BE ABLE TO CONTAIN THEIR GREASE AND NOT ALLOW IT TO GET INTO THE SYSTEM. BUT WE NEED TO LOOK AT THAT PROGRAM TO SEE IF WE CAN BE A LITTLE BIT MORE AGGRESSIVE IN THE WAY WE DEAL WITH THAT. OF COURSE THE LAST ONE IS A REVISED OVERFLOW REPORTING. THE UTILITY HAS BEEN VERY DILIGENT IN REPORTING EVERY OVERFLOW THAT OCCURS IN THE SYSTEM. IF A DROP OF SEWER IS SPILLED, WE GET OUT THERE AND WE -- WE CLEAN IT UP, WE -- IN THE PAST WE HAVE REPORTED IT. WE ARE WORKING WITH TNRCC TO CLARIFY THE CRITERIA AS TO WHAT QUALIFIES AS A PORTABLE OVERFLOW, THAT'S ALSO GOING TO BE FORTHCOMING AS WE MOVE FORWARD IN NEGOTIATING WITH TNRCC IN WHAT IS A REPORTABLE OVERFLOW. THE SECOND TRACK ON THIS IS -- THE FIRST TRACK TAKES CARE OF THE ELIMINATION OF OVERFLOWS IN THE SYSTEM. THE SECOND TRACK IS A PREVENTION MODE. WE WANT TO MAKE SURE THAT ONCE WE SPEND THESE DOLLARS TO FIX OUR SYSTEM, THAT THIS IS NOT -- DOES NOT RECUR AGAIN. AS PART OF THE REGULATIONS THAT E.P.A. IS LOOKING AT IMPLEMENTING, THEY HAVE A CAPACITY, MAINTENANCE, OPERATION AND MANAGEMENT OF A SYSTEM. THEIR EXPECTATIONS ONCE THEY IMPLEMENT THIS PROGRAM IS THAT UTILITY ACROSS THE NATION ARE GOING TO BE CAPTURING DATA ON THEIR SYSTEM AND ALSO THE OPERATION AND MAINTAINING THAT SYSTEM PROPERLY. WHEN WE FIRST STARTED OUR SSES STUDIES, WE ESTABLISHED CRITERIA IN THE PROPOSALS FOR THE CONSULTANTS THAT MADE IT A REQUIREMENT THAT THEY CAPTURE ALL DATA ON THE PIPES THAT THEY WERE INVESTIGATING. BY HAVING THAT INFORMATION, WE CAN THEN LOOK AT THE DETERIORATION THAT HAS OCCURRED IN THOSE PIPES AND THEN PROGRAM INTO THE FUTURE PROJECTS THAT WILL TAKE CARE THAT IN THE FUTURE AND ALSO MAINTENANCE THAT HAS TO BE DONE IN ORDER TO -- TO TAKE CARE OF ANY PROBLEMS IDENTIFIED. WE ARE ALSO VERY AWARE THAT -- THAT WET WEATHER EVENTS ARE A MAJOR CONTRIBUTOR IN TERMS OF THE VOLUME OF OVERFLOWS THAT WE HAVE. AND WE ARE LOOKING AT POTENTIALLY SOME -- SOME HIGH FLOW STORAGE. IF WE CAN CONTAIN THE WASTEWATER IN THE PIPES AND STORE IT UNTIL THE TREATMENT PLANTS ARE ABLE TO HANDLE IT, THEN THAT GIVES US A BETTER MECHANISM IN ORDER TO BE ABLE TO HANDLE THE DELIVERY AND -- AND THE TREATMENT OF THAT EFFLUENT. WE ALSO ARE GOING TO CONTINUE TO CONDUCT SANITARY SEWER EVALUATION STUDIES. WE HAD THESE PROGRAMS IN PLACE PRIOR TO THE ADMINISTRATIVE ORDER AND STAFF HAS ALREADY -- IS ALREADY PROFICIENT IN CONDUCTING THESE STUDIES ON OUR OWN, WE ARE GOING TO CONTINUE TO DO THAT IN THE -- INTO THE FUTURE. THE PRIORITY 2 IMPROVEMENT ARE THOSE IMPROVEMENTS THAT ARE NOT RELATED TO OVERFLOWS THAT THAT HAVE OCCURRED, THOSE ARE PROJECTS THAT CONSULTANTS HAVE RECOMMENDED TO US THAT WE DO SOME TYPE OF REPAIR OR REMEDIATION, BUT THOSE ARE FUTURE REPAIRS THAT WE CAN PUT OFF AND MANAGE A LITTLE BETTER. AND THEN WE ALSO HAVE TO PUT TOGETHER A ROUTE CONTROL STRATEGY. IT'S -- IN THE OLDER SECTION OF TOWN, WE HAVE SOME CONCRETE AND CLAY PIPES THAT HAVE DETERIORATED. BECAUSE THOSE PIPES ARE A SOURCE OF WATER, THE ROOTS FROM LANDSCAPING, THE MAJORITY OF THE TREES, OLDER ESTABLISHED TREES FIND THEIR WAY TO THIS WATER SOURCE, THEREFORE CAUSE GREATER PROBLEMS. WE NEED TO FIND A WAY TO ELIMINATE THOSE ROOTS IN THE SYSTEM. SOME OF THE NON-STRUCTURAL ELEMENTS. AS I HAVE ALREADY TOUCHED BASE ON, THE ENHANCED MAINTENANCE PROGRAM, CALLS FOR AN ASSESSMENT OF THE SYSTEM, CLEANING THE PIPES IF NECESSARY, ALSO DOING A TV INSPECTION TO MAKE SURE THERE ARE NO DEFEKTS IN THE PIPE, ALSO THE ROOT CONTROL PROGRAM. WE NEED TO HAVE SOMETHING IN PLACE AND COVER ALL OF THESE AREAS IN ORDER TO ENSURE THAT THE COLLECTION SYSTEM IS SOUND. GREASE CONTROL. AGAIN WE HAVE ALREADY COVERED THAT. WE HAVE A PROGRAM IN PLACE BUT IF WE HAVE TO TIGHTEN IT UP, WE NEED TO MAKE THOSE MEASURES TO BE ABLE TO CONTROL THE AMOUNT OF GREASE IN OUR SYSTEM. ROOT CONTROL PROGRAM, ALSO WE HAVE MET WITH THE LANDSCAPING COMMUNITY, THE CITY, DISCUSSED POSSIBLE APPROACHES TO CONTROLLING ROOTS AND WE ARE GOING TO CONTINUE TO WORK ON THAT. AND THEN THE REVISED OVERFLOW REPORTING, WHICH WILL TIGHTEN UP THE CRITERIA AS TO WHAT IS REPORTABLE EVENT AND MAKE IT MORE MANAGEABLE FOR US. WE SEE THAT WE HAVE SEVERAL PARTNERS IN THIS PROGRAM. THE RESIDENT AND NEIGHBORHOOD ASSOCIATIONS, WE ARE GOING TO BE DOING WORK IN THE CREEKS BECAUSE THERE ARE MAJOR INTERCEPTORS IN THE COLLECTION SYSTEM ARE IN THE CREEKS. AS WE GET OUT THERE IN IN NEIGHBORHOODS, ALSO DO WORK IN THE STREETS, THE COLLECTION SYSTEM, WE NEED TO BE PROACTIVE IN INFORMING THE CITIZENS AND NEIGHBORHOOD ASSOCIATIONS AS TO WHY WE ARE UNDERTAKING THESE PROGRAMS, WHAT THE BENEFITS TO THEM ARE, HOW THEY CAN HELP US TO BE SUCCESSFUL. AND ENVIRONMENTAL GROUPS THROUGHOUT THE CITY, RECOGNIZE THAT WE DO HAVE A GREEN CITY, WE NEED TO ADDRESS ALL ISSUES AND CONCERNS. HAVING SEWAGE ON THE GROUND CREATES A -- A HAZARD, SO IN ORDER TO -- TO COMPLY WE FEED TO KEEP THAT SEWER IN THE PIPE AND -- AND THE MORE INFORMATION THAT WE CAN GET TO THE ENVIRONMENTAL GROUPS AS TO HOW WE ARE GOING TO APPROACH THAT, THE MORE INFORMED THEY ARE, ALSO THEY CAN PARTNER WITH US ON SUCCESSFUL IMPLEMENTATION OF PROJECTS. OTHER CITY DEPARTMENTS. WE HAVE EASEMENTS, WASTEWATER EASEMENTS THROUGH PARKLAND. WE ARE GOING TO NEED ACCESS TO THE CREEKS IN ORDER TO DO REPAIRS. AND SOME OF THOSE AREAS OF ACCESS ARE PARKLAND. IN THE PAST WE HAVE WORKED CLOSELY WITH PARKS TO IDENTIFY THE EASEMENT REQUIRED AND ALSO THE RESTORATION NEEDED ONCE WE GET THOSE EASEMENTS IN PLACE. LOCAL BUSINESSES. IF A BUSINESS HAS AN OVERFLOW ON SITE, IT IMPACTS THEIR CUSTOMERS. SO WE NEED TO IMPRESS UPON THEM THE NEED FOR THEM TO DO THEIR PART. GREASE CONTROL IS A LARGE PART OF THIS. IF -- IF THEY DO NOT HAVE GREASE CONTROL PROGRAM IN PLACE, BUT -- BUT THERE'S ONE NEEDED, WE CAN WORK WITH THEM TO IDENTIFY HOW WE CAN PROPERLY IMPLEMENT THAT. OF COURSE THE STATE AND FEDERAL REGULATOR. WE DO HAVE TO REPORT TO TNRCC AND E.P.A. AS WE MOVE FORWARD ON THE SUCCESSES OF THIS PROGRAM. AS PART OF THE PUBLIC INVOLVEMENT PROGRAM THAT WE ARE ESTABLISHING, WE ARE PUTTING TOGETHER A CITIZENS ADVISORY GROUP AND THAT ADVISORY GROUP WE HAVE -- WE HAVE IDENTIFIED NEIGHBORHOOD ASSOCIATIONS IN THE -- IN THE 15 OR 16 DIFFERENT BASINS WHERE WE DID SSES STUDIES. WE ARE LOOKING AT SELECTING MEMBERS OF THAT -- OF THOSE NEIGHBORHOOD ASSOCIATIONS TO PARTICIPATE IN THE PROGRAM. BECAUSE IN THOSE WATER SAID WE WILL DEFINITELY -- WATERSHEDS WE WILL DEFINITELY BE DOING WORK IN THEIR AREA, THE MORE INVOLVED THEY ARE THE MORE SUCCESSFUL WE WILL BE. WE HAVE ALSO ESTABLISHED AN AUSTIN CLEAN WATER PROGRAM WEBSITE. IT IS ON THE CITY WEB PAGE, YOU CAN GO THERE AND YOU CAN GET AN UPDATE ON -- ON THIS PRESENTATION AND IN ADDITION YOU CAN GET INFORMATION ON -- ON THE SCHEDULE OF -- JUST ABOUT EVERYTHING AND ANYTHING HAVING TO DO WITH THIS PROGRAM WILL BE ON THAT WEBSITE. WE ARE GOING TO HAVE A QUARTERLY NEWSLETTER THAT WILL REPORT ON OUR PROGRESS AND ALSO ANY ISSUES THAT -- THAT PRESENT THEMSELVES TO US. AND WE WILL HAVE A HOTLINE AND ALSO BE ABLE TO RECEIVE E-MAILS ON ANY CONCERNS THAT CITIZENS OR ANYBODY HAS AS TO ANY WORK THAT'S GOING ON OR ANY QUESTIONS ABOUT HOW THEY CAN HELP US BE SUCCESSFUL. AND THEN WE ARE ALSO DOING PRESENTATIONS TO INTERESTED GROUPS TO HELP THEM UNDERSTAND BETTER WHAT THE MECHANISMS OF OVERFLOWS ARE AND HOW THEY CAN HELP US IN MAKING THIS PROGRAM SUCCESSFUL. WE DID WORK VERY CLOSELY WITH -- WITH OUR WATERSHED DEPARTMENT, UNDERSTANDING THAT -- THAT THEY ARE RESPONSIBLE FOR -- FOR THE CREEKS IN THE CITY. BUT WE DO HAVE WASTEWATER LINES IN THOSE CREEKS THAT WE HAVE TO MAINTAIN AND WE WILL HAVE MADE A COMMITMENT TO THEM AND TO THE ENVIRONMENTAL COMMUNITY AS A WHOLE THAT WE CONSIDER THIS A VERY IMPORTANT ENVIRONMENTAL PROGRAM. HAVING SEWAGE ON THE GROUND IS -- IS NOT SOMETHING THAT WE WANT. WE WANT TO GET IT TO THE TREATMENT PLANTS. WE WANT TO MAINTAIN CREDIBILITY WITH THE ENVIRONMENTAL COMMUNITY. AND IN DOING -- BY DOING THAT, WE CAN GET THEIR BUY-IN ON THE STEPS THAT WE ARE TAKING TO MAKE THIS PROGRAM SUCCESSFUL, NOT BEING CONTRARY TO ANY OF THEIR CONCERNS OR ISSUES. WE DO HAVE ENVIRONMENTAL EXPERTS THAT ARE PART OF THE TEAM. THAT WE HAVE INCORPORATED INTO THIS. STREAM RESTORATION EXPERTS, SO FORTH. AND THIS PROGRAM DOES REFLECT THE ENVIRONMENTAL VALUES THAT THE CITY HAS. AND THEN THE OTHER COMMITMENT THAT WE ARE MAKING IT THAT WE ARE GOING TO -- GOING TO COMMUNICATE OPENLY AND HONESTLY ABOUT EVERYTHING THAT WE ARE DOING. SO ANY QUESTIONS THAT ARISE WE WILL BE OUT THERE TO ADDRESS THOSE QUESTIONS AND CONCERNS. AT THIS TIME, THE PRESENT -- IN THE PRESENTATION, WE ARE GOING TO GO INTO THE ORDINANCE ITSELF AND MIKE HEIGHTS, THE DIRECTOR OF -- OF WATERSHED PLANNING AND DEVELOPMENT REVIEW. HE WILL TAKE THAT.

OKAY.

MAYOR GARCIA: BEFORE YOU GO INTO THE ORDINANCE ITSELF, LET ME SEE IF THE COUNCILMEMBERS HAVE ANY QUESTIONS ON THE PRESENTATION? ANYBODY? MS. -- COUNCILMEMBER DUNKERLY?

IS THIS WORKING? HOW ABOUT NOW?

YES.

OKAY, GREAT. I THINK THIS IS A -- A STEP FORWARD IN ADDRESSING SOME OF THE AGING INFRASTRUCTURE IN THIS COMMUNITY. WE HAVE A LOT. AND I KNOW THIS IS A MASSIVE PROJECT TO -- TO ADDRESS SOME OF THOSE ISSUES. CAN YOU GIVE US SOME IDEA, I KNOW YOU DON'T KNOW COMPLETELY, THE OVERALL COSTS THAT YOU WOULD ANTICIPATE, WHAT RANGE OF COSTS TO -- TO COMPLETE THE PROJECT FROM START TO FINISH AND THEN ON THE REMEDIATION SIDE, REPAIR SIDE. THEN ON YOUR ENHANCED MAINTENANCE PROGRAM GOING FORWARD, JUST SOME IDEA OF -- OF WHAT THOSE COSTS MIGHT BE.

WELL, LET ME SPEAK FIRST TO THE -- TO THE PROJECT OR CAPITAL COSTS. THE TOTAL -- THE NUMBER OF PROJECTS AND THE SCOPE OF THOSE PROJECTS IS BEING DETERMINED THROUGH THE STUDIES THAT ARE ONGOING. VERY PRELIMINARY ESTIMATE IS $150 MILLION. THAT'S WHAT WE HAVE BEEN PLANNING AROUND TO DATE. BUT REALLY THAT'S -- THAT'S ROUND 1. AS RENALDO SAID, WE ARE LOOKING AT -- AT PHASE 1 TO ADD THE KNOWN OVERFLOW POINTS. BUT THIS IS THE TYPE OF PROGRAM THAT THEN WOULD NEED TO CONTINUE AND -- AND SO WE HAVE ABOUT A -- ABOUT I WOULD SAY A $25 MILLION PER YEAR WASTEWATER REHAB PROGRAM THAT'S BEEN IN THE C.I.P., IT'S BEEN GROWING, I THINK IT'S OVER $20 MILLION THIS YEAR JUST GENERAL REHAB. SO THAT IS A SIMILAR COST THAT WILL CONTINUE INTO THE FUTURE. ON THE -- ON THE MAINTENANCE PROGRAM SIDE, I'M -- HAVE WE GOT A COST ESTIMATE OR --

YES. WE ARE -- WE ARE LOOKING AT RIGHT NOW AN INITIAL CONTRACT OF -- OF A MILLION AND A HALF DOLLARS TO CONTRACT OUT THE TV INSPECTION AND LINE CLEANING IN THESE BASINS THAT WE HAVE NOT DONE SSES STUDIES AND ALSO ON SOME OF THOSE BASE SINCE WHERE ONCE WE FINISH THE WORK IN THOSE BASINS THAT WEREN'T STUDIED CLOSELY WE WILL MOVE ON TO OTHER PARTS. IT ALL DEPENDS ON WHERE THE STUDIES IDENTIFY WE HAVE PROBLEMS IN THE SYSTEM. AND THE DOLLAR VALUE DEPENDS ON HOW MANY LINEAR FOOTAGE OF PIPE THAT WE HAVE TO CLEAN. RIGHT NOW AS CHRIS SAID, THE NUMBERS BECAUSE WE HAVE NOT COMPLETED ALL OF THE REVIEW OF ALL OF THE STUDIES AND HAVE LOOKED -- HAVE -- HAVE HAD AN OPPORTUNITY TO LOOK AT ALL OF THE RECOMMENDATIONS AND -- AND DETERMINE WHICH ARE OVERFLOW RELATED, WHICH ARE NOT, RIGHT NOW THE 150 MILLION IS -- IS THE BEST BALLPARK WE CAN GIVE YOU IN TERMS OF COST.

[ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS]

TO CONTINUE THOSE PROGRAMS AND WE ANTICIPATE THAT WE WILL HAVE TO -- AS THIS PROGRAM GOES FORWARD, WE WILL HAVE TO STAFF UP IN ORDER TO MAKE SURE THAT AFTER IT'S COMPLETE, WE CAN GET OUT THERE AND BE ABLE TO MAINTAIN THE SYSTEM. ONE OF THE REQUIREMENTS OF THE PROGRAM MANAGER IS THAT AFTER THIS PROGRAM IS SAID AND DONE, THAT THEY DELIVER TO US AN OPERATIONS AND MAINTENANCE MANUAL ON THE ENTIRE SYSTEM IN THE CITY SO WE CAN THEN SEE HOW OFTEN DO WE HAVE TO LOOK AT EVERY PIPE IN THE CITY TO MAKE SURE THAT WE'RE BEING PROACTIVE IN ELIMINATING OVERFLOWS BEFORE THEY EVEN START. WE'LL BE DEVELOPING THAT PROGRAM ALSO, AND AT THAT TIME AS WE DETERMINE WHAT THE SCHEDULE AND HOW OFTEN WE HAVE TO GET TO EVERY FOOT OF PIPE, THEN WE'LL BE COMING FORWARD THROUGH THE BUDGET PRESENTATIONS AND REQUESTING ADDITIONAL FUNDING FOR THAT PROGRAM.

Wynn: THEN JUST A GENERAL COMMENT, MAYOR. SEEMS TO ME WE SHOULD TAKE CARE TO MAXIMIZE THE BENEFIT OF ALL THIS WORK. I MEAN IF WE'RE -- YOU KNOW, IN THE CREEKS OR IN THE STREETS OR IN YARDS, YOU KNOW, LET'S -- I KNOW YOU ALL ARE DOING THAT, BUT LET'S TAKE CARE TO MAKE SURE WE'RE GETTING EVERYTHING WE CAN -- YOU KNOW, THE BANG FOR THAT BUCK AND FOR THE SAME PROJECT. AND WHETHER IT'S -- PERHAPS THERE'S ADDITIONAL BENEFITS BEYOND JUST COMPLYING WITH THE E.P.A. GUIDELINES, BUT IN FACT STRATEGIZING A DIFFERENT APPROACH TO, YOU KNOW, PERHAPS ELIMINATING A RUN OR TWO OUT OF A CREEK BED OR CONSOLIDATING THE POTENTIAL LONG-TERM REPAIR AND MAINTENANCE ISSUES AROUND THE RESTAURANT DISTRICT THAT PROBABLY HAS MORE POTENTIAL GREASE ISSUES THAN A NEIGHBORHOOD SORT OF THING.

IF I CAN ADD A COMMENT, I THINK MR. HEITZ WILL ADDRESS SOME 6.. OF THOSE ISSUES. THERE IS THE MASTER PLAN FOR THE DRAINAGE UTILITY AND WE'RE TRYING TO MAKE THE TWO PROGRAMS COMPATIBLE. SO MIKE WILL ADDRESS SOME OF THE STEPS IN THE PROCESS THAT ARE LOOKING EXACTLY AT WHAT YOU SUGGESTED, WHERE IF WE'RE GOING TO BE IN A CREEK DOING SOME LINE WORK, WHEN WE RESTORE THE CREEK BED AFTER THE WORK, IS IT COMPATIBLE WITH THE LONG-RANGE PLAN AND HOW TO MAXIMIZE THAT.

MAYOR GARCIA: ON THE ISSUE OF COST AND THE WHOLE FINANCING, ARE YOU GOING TO PUT OUT AT SOME POINT THE EFFECTS ON THE RATE STRUCTURE AS WE MOVE THROUGH THE PROCESS? YOU KNOW, WHAT KIND OF RATE INCREASES WOULD THE USERS OF THE SERVICES HAVE ON THEIR BILL?

YES. WE'LL BE -- OF COURSE, THIS IS PART OF THE LARGER, OVERALL CIP PROGRAM AND PART OF THE OVERALL BUDGET, WHICH ALL EVENTUALLY GETS DOWN TO THE RATES, BUT YES, WE'LL BE CLARIFYING THAT VERY SOON.

MAYOR GARCIA: OKAY.

Goodman: MAYOR?

MAYOR GARCIA: MAYOR PRO TEM.

Goodman: CAN I ASK A COUPLE BREE..... BRIEF QUESTIONS. YOU MENTIONED SOMETHING ABOUT A COUPLE 100-YEAR-OLD LINES. BUT THEY ARE NOT REALLY 100 YEARS OLD. WHEN WE GO IN OVER THE YEARS, DON'T WE REPLACE?

MY UNDERSTANDING IS WE ACTUALLY HAVE -- THERE ARE JUST A FEW REMAINING LINES THAT GO BACK TO THE BEGINNING OF THE UTILITY, WHICH IS ALMOST 100 YEARS. ON WATER LINES I KNOW WE HAVE SOME THAT ARE 100 YEARS OLD. BUT IT'S TRUE. GOOM....

Goodman: [INAUDIBLE]

WELL, THE WATER LINES SHOULD BE CAST IRON.

THE OLDER PIPE IS CLAY PIPE AND CONCRETE PIPE. AND WE HAVE NOT HAD PROBLEMS IN CERTAIN AREAS OF TOWN, AND WHAT THE STUDIES ARE TELLING US IN TERMS OF OVERFLOWS FROM THOSE PIPES, WHAT THE STUDIES ARE TELLING US, YOU HAVE CRACKS IN THOSE PIPES THAT ARE CONTRIBUTE TO GO THE INI. EVEN THOUGH -- WE'RE BEING AGGRESSIVE IN TERMS OF IDENTIFYING WHICH SECTIONS NEED TO BE REPLACED AND THEN ALSO MOVING FORWARD IN ADDRESSING THOSE.

Goodman: OKAY. AND THOSE ARE THE OLD ONES? THOSE ARE LIKE THE 100-YEAR-OLD ONES?

WE'VE HAD OTHER SECTIONS THAT CAUSE DETERIORATION IN THE PIPE. BECAUSE THE FLOW IS PRIMARILY IN THE LOWER SECTION OF THE PIPE TSHS GASES BUILD UP IN UP THAR PORTION AND IN SOME AREAS WE'VE LOST HALF OF THE PIPE JUST OVER TIME. THE SYSTEM CONTINUES TO OPERATE, BUT BECAUSE OF THE NATURE OF THE SEWAGE, IT HAS CAUSED THE PIPE TO DETERIORATE.

Goodman: RIGHT. AND WE REPLACE WITH WHAT?

WELL, WE HAVE STILL SOME PIPE LEFT. WE LINE THOSE. AND WHEN WE DON'T, WE HAVE TO GET IN THERE AND REPLACE THOSE, EITHER THROUGH OPEN CUT OR SOME OTHER REHABILITATION METHODS.

Goodman: I MEANT MATERIAL.

OH, THE LATEST MATERIAL IS PVC. IT'S POLL I ETHYLENE PIPE. IT HAS A MUCH LONGER LIFE AND ALSO IT HELPS WITH THE ROOT INTRUSION ALSO. SO IT'S A MUCH BETTER PIPE. IT'S A LONGER-LASTING PIPE AND WE ANTICIPATE WE'LL GET 50-PLUS YEARS OF LIFE FROM THAT PIPE.

Goodman: THAT'S NOT AS GOOD AS 100, BUT --

WELL, TRUE.

Goodman: I GUESS IT'S MORE EXPENSIVE TO DO THOSE CAST IRON AND CLAY THOUGH.

YES.

Goodman: WHEN PEOPLE TALK ABOUT WATER LINES IN PARTICULAR, THEY SAY THAT THEY ARE DESIGNED TO LEAK SOME SO THAT THE PRESSURE DOESN'T DO X, Y OR Z TO THE LINES OF ANY DIFFERENT -- IN ANY DIFFERENT SITUATION. IS THAT TRUE OF WASTEWATER LINES ALSO? THEY ARE DESIGNED TO LEAK?

NO. AND ACTUALLY ON THE WATER PIPES, THOSE PIPES THAT HAVE A GASKET AT THE JOINT, THERE'S A CERTAIN AMOUNT OF ALLOWABLE LEAKAGE. WHEN YOU ARE PUTTING THOSE PIPES IN, YOU CAN DESIGN AND YOU CONSTRUCT. WE PRESSURE TEST THOSE PIPES PRIOR TO PUTTING THEM IN SERVICE, AND THERE'S AN AALLOWABLE LEAKAGE THROUGH THE GASKET, RECOGNIZING THAT YOU HAVE A GASKET AND A PRESSURE PIPE, YOU ARE GOING TO HAVE SOME LEAKAGE. ON THE WASTEWATER SIDE, WE DO NOT ALLOW FOR ANY LEAKAGE IN NEW CONSTRUCTION. IT HAS TO PASS SEVERAL TESTS IN TERMS OF THE CONNECTIONS BEING GOOD AND THERE BEING ZERO LEAKAGE. IT'S NOT ALLOWED. SO IN WASTEWATER SIDE, NO, LEAKS ARE NOT ACCEPTABLE.

Goodman: OKAY. THANKS.

ONE SIGNIFICANT DIFFERENCE IS THAT WATER LINES ARE UNDER PRESSURE SO THERE IS THAT DRIVE THAT CAN LEAD TO LEAKAGE. BUT ON THE WASTEWATER LINES, THE GREAT MAJORITY OF THE LINES ARE GRAVITY, NOT UNDER PRESSURE, THERE IS MUCH LESS A TENDENCY TO LEAK.

MAYOR GARCIA: OTHER QUESTIONS FOR STAFF? MR. HEITZ.

THANK YOU. MAYOR, MAYOR PRO TEM, COUNCILMEMBERS, I'M MIKE HEITZ, DIRECTOR OF THE WATERSHED PROTECTION DEPARTMENT. THIS PROPOSED ORDINANCE ESTABLISHED A ASSISTIVE VARIANCE PROCESS FOR THE LAND DEVELOPMENT CODE FOR IDENTIFIED WASTEWATER CONSTRUCTION PROJECTS NEED TO DO ELIMINATE SANITARY SEWER OVERFLOWS. THIS PROPOSAL STREAM LINES THE PROCESS PORTION OF THE EXISTING LAND DEVELOPMENT CODE, BASICALLY GRANTING THE DIRECTOR OF WATERSHED DEVELOPMENT AND REVIEW DEPARTMENT AUTHORITY TO ADMINISTRATIVELY GRANT VARIANCES. THE STATED VARIANCES WOULD ONLY BE GRANTED AFTER THE WATER AND WASTEWATER ESTABLISHED COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS. MAYOR, MAYOR PRO TEM, COUNCILMEMBERS, THIS ORDINANCE ALLOWS VARIANCES FOR PROCESS ONLY. IT DOES NOT WAIVE ANY ENVIRONMENTAL REQUIREMENTS. AND LET ME SAY IT AGAIN. IT WAIVES -- IT ALLOWS VARIANCES FOR PROCESS ONLY. IT DOES NOT WAIVE ANY ENVIRONMENTAL REQUIREMENTS. THIS PROGRAM, DESIGNED TO MEET THE ADMINISTRATIVE ORDER, MAY REQUIRE MULTIPLE, REPETITIVE VARIANCES FROM THE LAND DEVELOPMENT CODE. THE EXISTING PROCESS FOR OBTAINING THESE VARIANCES IS LENGTHY. IT'S LENGTHY AND UNCERTAIN. THERE EVER, THAT PROCESS WILL CAUSE SIGNIFICANT DELAYS ON THE TIGHT SCHEDULE ESTABLISHED BY THE ADMINISTRATIVE ORDER. SHALL WE NOT BE SUCCESSFUL IN ACHIEVING THE ESTABLISHED DEADLINE, THE CITY OF AUSTIN WILL BE SUBJECT TO SIGNIFICANT FINANCIAL PENALTIES, AS STATED EARLIER. THIS PROPOSED ORDINANCE IS SCHEDULED TO EXPIRE ON DECEMBER 31st, 2007, WHICH IS THE COMPLETION DATE PRESCRIBED BY THE ADMINISTRATIVE ORDER. THIS PROGRAM WILL ONLY BE INVOLVED WITH CREEKS AND WATERWAYS THAT HAVE A SANITARY SEWER REQUIRING REPAIR. IT WILL NOT RESTORE, RECONSTRUCT, OR IMPROVE OTHER REACHES OF THE CREEKS OR WATERWAYS. IN OTHER WORDS, ONLY THE PORTIONS WHERE THE CONSTRUCTION IS REQUIRED WILL RESTORATION TAKE PLACE. THE RESTORATION WORK INVOLVED WITH THE CREEKS AND WATERWAYS WILL MEET REQUIRED ENVIRONMENTAL STANDARDS. OUR GOALS OF THE PROPOSED ORDINANCE WILL BE TO ELIMINATE OVERFLOWS BY THE E.P.A. DEADLINE; THEREFORE AVOIDING EXPENSIVE FINES AND PROTECTING OUR PUBLIC AND THE ENVIRONMENT. ELIMINATING OVERFLOWS WILL IMPROVE WATER QUALITY BY KEEPING SEWAGE IN THE PIPE, RESULTING IN CLEANER WATER. IMPROVED WATER QUALITY AND CREEK RESTORATION AFTER CONSTRUCTION WILL RESULT IN AN IMPROVED ENVIRONMENT. AND COUNCIL, AS MOST OF YOU KNOW, WE HAVE BASICALLY CHANGED THE WAY WE DO EROSION CONTROL IN OUR CREEKS. GABE....GABIONS CESAR ARE RARELY USED. IT DOES RESTORE THE CREEKS IN A MORE ENVIRONMENTAL WAY AND NATURAL WAY AND WE HAVE BEEN WINNING AWARDS THIS PAST YEAR FOR THAT EFFORT. AND MOST IMPORTANTLY, EXPEDITING THESE PROJECTS WILL EXPEDITE THE PROTECTION OF PUBLIC HEALTH AS THE SEWERS ARE REPAIRED AND REHABILITATED. THIS CONCLUDES OUR PRESENTATION AND WE'RE NOW AVAILABLE FOR ANY QUESTIONS YOU MIGHT HAVE.

MAYOR GARCIA: CAN YOU GIVE ME AN EXAMPLE OF A PROCESS IMPROVEMENT? I THINK YOU MENTION UNDERSTAND ONE OF THE TRANSPARENCIES, YOU SAID IT WOULD BE PROCESS IMPROVEMENT AND NOT VARIANCES TO ENVIRONMENTAL.

YES, COUNCILMEMBER -- I MEAN MAYOR. WHAT WE'RE DOING IS INSTEAD OF GOING THROUGH THE NORMAL PROCESS WHEN SOMEBODY WANTS A --

THAT WOULD BE LORD MAYOR, AS THEY SAY IN GERM ME.

MAYOR GARCIA: BURGERMEISTER.

MUCH BETTER TITLE, MAYOR.

MAYOR GARCIA: SHE IS BURGERMEISTER.

CHEESEBURGERMEISTER AND LORD MAYOR --

MAYOR GARCIA: THAT'S NOT CHIEF, IT'S CHEESE.

I'LL QUIT WHILE I'M BEHIND. WHAT WE'RE REALLY LOOKING AT IS THE CURRENT PROCESS THAT WE HAVE FOR VARIANCE. WE WILL HAVE NOTIFICATION, BUT WE WILL NOT HAVE THE CURRENT NOTIFICATION THAT WE CURRENTLY REQUIRE. IN OTHER WORDS, IT WILL BE A SHORTER NOTIFICATION PROCESS. THE VARIANCES FOR THE DIFFERENT CHANGES THROUGH THE CREEKS CURRENTLY HAS TO GO BEFORE THE DIFFERENT BOARDS IN ADVANCE. WE WON'T BE DOING THAT. WE'LL BE DOING IT IN STUFF AND WE'LL BE GIVING THEM REGULAR REPORTS ON THE TYPE OF ACTIVITIES THAT WE'RE DOING. THEREFORE THEY WILL HAVE AN OPPORTUNITY TO SPEAK TO US IF THEY THINK THE TYPE OF IMPROVEMENTS THAT WE'RE DOING OR THE TYPE OF WORK THAT WE'RE DOING IS IN SOME WAY NOT IN COMPLIANCE WITH THE LAND DEVELOPMENT CODE. BUT WE'RE GOING TO MAKE EVERY EFFORT TO ENSURE THAT THE END RESULT OF THESE CONSTRUCTION PROJECTS WILL, IN FACT, MEET OUR LAND DEVELOPMENT CODE. THE PROCESS OF GETTING THERE, HOWEVER, IS WHAT WE'RE GOING TO BE ALTERING. SO ON CUT AND FILL, DISTANCES FROM CEF'S, CRITICAL ENVIRONMENTAL FEATURES, THOSE TYPE OF ISSUES ARE VERY TIME-CONSUMING. THEY ARE VERY UNCERTAIN. AND FOR US TO MEET THE DEADLINE THAT WE HAVE, IF WE WENT THROUGH THAT PROCESS, WE THINK IT WOULD BE VERY HARD FOR US TO DO THAT.

MAYOR GARCIA: OTHER QUESTIONS?

Alvarez: I GUESS TO FOLLOW UP, MAYOR, THEN AS PART OF THIS ORDINANCE, ARE WE OUTLINING THE PARAMETERS THAT THE DIRECTOR WILL USE IN GRANTING THE VARIANCES, THE ADMINISTRATIVE VARIANCES?

WHAT WE'VE DONE, WE'VE BASICALLY IDENTIFIED THE DIFFERENT ELEMENTS OF THE CODE WHERE THE VARIANCES WILL BE ALLOWED. AGAIN, IT'S PROCESS DIRECTED. IT'S NOT THE ENVIRONMENTAL QUALIFICATION OR REQUIREMENTS.

Alvarez: OKAY.

MAYOR GARCIA: OTHER QUESTIONS? THANK YOU VERY MUCH. YOU KNOW, I WOULD BE REMISS IF I DIDN'T SAY THAT THIS IS AN ENORMOUSLY IMPORTANT PROJECT FOR THE CITY, AND THAT 2007 DEADLINE SEEMS TO BE LIKE TOMORROW, SO I THINK WE NEED TO GET ON WITH THE PROGRAM AND MAKE SURE THAT WE, YOU KNOW, INFORM OUR PEOPLE THAT WE'RE WORKING TO MAKE SURE THEY HAVE CLEAN WATER. THANK YOU. THANK YOU VERY MUCH.

THANK YOU.

MAYOR GARCIA: THE LAST ITEM ON THE WORK SESSION IS A PRESENTATION OF A REPORT CONCERNING NEGOTIATIONS WITH CIRCLE C LAND CORPORATION, STRATUS, CONCERNING DEVELOPMENT OF APPROXIMATELY 1,260 ACRES OF LAND IN SOUTHWEST AUSTIN AND TRAVIS AND HAYS COUNTIES LOCATED GENERALLY IN THE CIRCLE C AREA. CITY MANAGER.

WHILE EVERYBODY IS COMING UP, I'M GOING TO GET STARTED. I WOULD LIKE TO GIVE A BACKDROP TO WHY WE'RE HERE. WE'RE SICKING OFF NOW REALLY THE LAST -- KICKING OFF NOW THE LAST MONTH, FOUR WEEKS OF A PROCESS AND A SET OF DISCUSSIONS THAT BEGAN ALMOST TWO YEARS AGO. SO IN TALKING ABOUT THE BACKDROP, THE CITY OF AUSTIN HAS BEEN DEALING WITH ONE VERSION OR ANOTHER OF VESTED RIGHTS OR GRANDFATHERING LEGISLATION SINCE HOUSE BILL 4 WAS ENACTED BY THE TEXAS LEGISLATURE IN 1987. AND THEN AGAIN MOST RECENTLY WITH THE VERSION OF HOUSE BILL 1704 PASS UNDERSTAND 1999. -- PASS UNDERSTAND 1999. FOR THOSE WHO DON'T COMPLETELY UNDERSTAND WHAT THESE BILLS DO, THIS TYPE OF GRANDFATHERING LEGISLATION ALLOWS DEVELOPERS TO LOCK IN THE LOCAL REGULATIONS THAT WERE IN PLACE WHEN THEY FILED THEIR FIRST APPLICATION FOR DEVELOPMENT PERMIT. SO IN SHORT, THIS ALLOWS DEVELOPERS TO AVOID REGULATORY CHANGE AND TO DEVELOP UNDER OUTDATED REGULATIONS. OBVIOUSLY THIS SEVERELY LIMITS LOCAL CONTROL OVER LOCAL DEVELOPMENT REGULATION. AND I WOULD ARGUE THAT NO CITY HAS BEEN MORE AGGRESSIVE IN TRYING TO CHALLENGE THE LEGISLATION THAT LIMITS LOCAL CONTROL OVER DEVELOPMENT THAN AUSTIN, TEXAS. AS THE MAYOR AND THE MAYOR PRO TEM AND COUNCILMEMBER SLUSHER WILL RECALL, THE 1999 COUNCIL HAD A LEGAL TEAM IN PLACE STUDYING POTENTIAL CHALLENGES TO HOUSE BILL 1704 BEFORE THE BILL WAS EVEN SIGNED. IN THE SPRING OF 1999, THE CITY HIRED A DOZEN ENVIRONMENTAL ATTORNEYS TO COLLECTIVELY INVESTIGATE VIABLE LEGAL CHALLENGES TO HOUSE BILL 1704. THIS GROUP INCLUDED THE ATTORNEY WHO HAD SUCCESSFULLY ATTACKED THE SOUTHWEST TRAVIS COUNTY WATER DISTRICT TAKEN WATER QUALITY PROTECTION ZONE, TWO ENORMOUS ENVIRONMENTAL VICTORIES THE CITY HAD, AS WELL TAKES ATTORNEYS WHO REPRESENTED SUNSET VALLEY IN THE 1704 CASE. MOST RECENTLY, BEFORE EVEN BRINGING YOU THE PROPOSED STRATUS SETTLEMENT FOR FIRST READING THIS WEEK, WE HIRED RENEE HICKS, A LOCAL ATTORNEY WITH EXTENSIVE EXPERIENCE IN ENVIRONMENTAL LAW TO GIVE THE CITY YET ANOTHER SECOND OPINION ON THE STRENGTHS AND ANTI--GRANDFATHERING ARGUMENTS AND ON THE STRENGTHS OF THE STRATUS GRANDFATHERING CLAIMS. SO WHY ARE WE AT THE TABLE? TO ANSWER THAT, YOU HAVE TO DESCRIBE THE STRATUS GRANDFATHERING CLAIMS. AND I STRESS CLAIMS. THE GRANDFATHERING ISSUES ARE DIFFERENT FOR THE BEAR LEAK PUD THAN THE CIRCLE C PROPERTIES, SO TAKE THEM IN TWO CHUNKS. FOR THE BEAR LAKE PUD THE ISSUE IS STRAIGHTFORWARD. COUNCIL WILL HAVE TO ASSESS THE VALUE OF STRATUS' PROPOSAL TO REZONE THEIR PROPERTY FROM AN INDUSTRIAL DEVELOPMENT, R&D USE, TO A S.O.S. COMPLIANCE SINGLE-FAMILY DEVELOPMENT. THAT'S THE ISSUE. FOR THEIR CIRCLE C PROPERTIES, IT IS MORE COMPLICATED. FOR THE CIRCLE C PROPERTIES, STRATUS CLAIMS THE ABILITY TO DEVELOP CONSISTENT WITH THE 1984 MUDD LAND USE PLANS ACKNOWLEDGING THE REDUCTIONS AND CONSTRAINTS OF THEIR RECENT FISH AND WILDLIFE CONSULTATION. STRATUS CLAIMS THEIR DEVELOPMENT RIGHTS VESTED IN THE MID 1980'S WHEN THE FOUR CIRCLE C MUDS WERE CREATED AND ENTERED INTO CONSENT AGREEMENTS WITH THE MUDS AND THE CITY APPROVED PRELIMINARY PLANS CONSISTENT WITH THE CONSENT AGREEMENT T MUD CONSENT AGREEMENTS HAVE AN ATTACHED MUD LAND USE PLAN. THAT LAND REFLECTS OFFICE, RETAIL AND MULTI-FAMILY DEVELOPMENT FOR THE STRATUS PROPERTIES IN QUESTION. STRATUS CLAIMS THE MUD CONSENT AGREEMENTS WILL REQUIRE THE LAND BE DEVELOPED CONSISTED WINT THE LAND USE PLAN, AND THIS IS IMPORTANT TO THEIR 1704 CLAIMS, REQUIRED STRATUS' PRED S.TOAR FILE SPECIFIC RESTRICTIVE COVENANTS REGARDING DEVELOPMENT OF THE LAND. AMONG OIR THINGS, THE RESTRICTIVE COVENANTS REQUIRE THE LAND TO BE DEVELOPED IN COMPLIANCE WITH THE SITE DEVELOPMENT REGULATIONS SET FORTH IN THE WILLIAMSON CREEK AND SLAUGHTER CREEK ORDINANCES. YOU ACTUALLY HAVE TWO ISSUES IN FRONT OF YOU IN ADDITION TO TWO DIFFERENT SETS OF PROPERTY. YOU HAVE A ZONING ISSUE, AND THEN YOU HAVE A -- MORE OF THE GRANDFATHERING ISSUES. BUT TO FULLY EVALUATE STRATUS' GRANDFATHERING CLAIMS ON ITS CIRCLE C PROPERTIES, YOU HAVE TO ALSO ANALYZE WHETHER ZONING CAN PREVENT STRATUS FROM DEVELOPING ITS CIRCLE C PROPERTY CONSIST WINTER THOSE 1984 MUD LAND USE PLANS. NOTE THAT THE MUD LAND USE PLANS WERE UNUSUAL IN THAT THEY DETAILED DENSITY PER ACRE AND FLOOR TO AREA RATIOS THAT CAN BE USED TO ESTIMATE THE UPPER LIMIT, SQUARE FOOTAGE OF USE OR DENSITY. SO WITH RESPECT TO THE ZONING QUESTION, STRATUS POINTS TO THE LANGUAGE OF A HOUSE BILL 1704 PROVISION THAT STATES ZONING IS NOT TRUMED BY VESTED RIGHTS OR GRANDFATHERING SO LONG AS, ONE, THE ZONING DOES NOT AFFECT LOT SIZE, LOT DENSITY, LOT COVERAGE OR BUILDING SIZE. AND TWO, THE ZONING DOES NOT CHANGE DEVELOPMENT PERMITTED BY A RESTRICTIVE COVENANT REQUIRED BY THE MUNICIPALITY. THAT IS THE SUMMARY OF THE CLAIMS. IT IS THE LEGAL RISK THAT COMES WITH THESE CLAIMS THAT HAVE US AT THE TABLE. SO HOW DID NEGOTIATIONS WITH STRATUS BEGIN? THE PRESENT NEGOTIATIONS GREW OUT OF THE CITY'S VICTORY IN THE WATER QUALITY PROTECTION ZONE CASE ALMOST TWO YEARS AGO. IN THE WAKE OF THAT SUPREME COURT DECISION IN OUR FAVOR IN JUNE 2000, BEAU ARMSTRONG, THE CEO OF STRATUS, ANNOUNCED HE WANTED TO END HIS LAND DEVELOPMENT FIGHTS WITH THE CITY AND WANTED TO TRY TO SETTLE ALL THE OUTSTANDING ISSUES AND THERE WERE A NUMBER OF THEM AT THE TIME INCLUDING A DEVELOPER REIMBURSE I BELIEVE ISSUE THAT WAS TIED TO ANNEXATION OF CIRCLE C. STRATUS BEGAN SEPARATE DISCUSSIONS WITH THE CITY, FISH AND WILDLIFE AND VARIOUS STAKEHOLDERS IN THE COMMUNITY. SPECIFICALLY IN THE LAST HALF OF 2001, STRATUS BEGAN A LENGTHY SERIES OF STAKEHOLDER DISCUSSIONS WITH ENVIRONMENTAL AND NEIGHBORHOOD LEADERS ABOUT THE BEAR LAKE PUD AND THEIR OVERALL CIRCLE C PROPERTIES. IN OCTOBER OF 2001, FISH AND WILDLIFE BASICALLY BLESSED THE IMPERVIOUS COVER AND WATER QUALITY THAT BEAR LAKE POUT THE PROPERTIES. IN EARLY 2002, AFTER STRATUS BEGAN DEVELOPING THE CONCRETE CONSTRUCTION PLANS WITH THE LEVEL OF DENSITY THAT WAS ACHIEVABLE IN COMPLIANCE WITH THE FISH S.O.S. CONSULTATION LEVELS OF IMPERVIOUS COVER, SOME ENVIRONMENTAL LEADERS ASKED THE CITY TO INTERVENE, SPECIFICALLY TO HELP DECREASE THE DENSITY LEVELS. DENSITY WAS THE ISSUE AT THE TIME. ENVIRONMENTAL AND NEIGHBORHOOD LEADERS ALSO ASKED THE CITY TO PUT OFF AND TO CONTINUE PUTTING OFF THE BEAR LAKE PUD VOTE SO THERE COULD BE MORE TIME TO TRY AND WORK OUT AN OVERALL PROPOSAL THAT THE COMMUNITY COULD SUPPORT ON THESE PROPERTIES. AND I THINK THAT THAT IS IMPORTANT BECAUSE THE ONE THING THAT WE DID HERE DURING THIS TIME FRAME WAS THAT THERE WAS STRONG AGREEMENT THAT THE PROPERTY SHOULD COME FORWARD TOGETHER, NOT ONE BY ONE, BUT IN A NEGOTIATED PACKAGE. COUNCIL THEN ASKED THE CITY MANAGE TOAR EXPLORE A NEGOTIATED SETTLEMENT. SO OVER THE LAST FOUR MONTHS, STAFF HAS NEGOTIATED A TERM SHEET AND THEN BEGAN THE TASK OF TURNING THAT TERM SHEET INTO A DETAILED AGREEMENT, WHILE AT THE SAME TIME GETTING AND INCORPORATING PUBLIC FEEDBACK FROM NEIGHBORHOODS, ENVIRONMENTAL LEADERS AND KEY BOARDS AND COMMISSIONS. THAT HAS BEEN UP ON THE WEBSITE FOR 10 DAYS WITH IMPORTANT INFORMATION BEING UPDATED DAILY. WHAT'S THE PROCESS FOR COUNCIL EVALUATION AND ANY FURTHER PUBLIC INPUT OVER THE NEXT FOUR WEEKS? COUNCIL IS POSTED FOR THIS INITIAL BRIEFING TODAY. TOMORROW COUNCIL IS POSTED FOR A REPEAT BRIEFING, AN EXECUTIVE SESSION, A ZONING PUBLIC HEARING, AND IS POSTED FOR ACTION ON FIRST READING ONLY. SECOND READING IS SCHEDULED TWO WEEKS LATER, JULY 11th, AND THIRD READING IS SCHEDULED FOUR WEEKS OUT FOR JULY 18th. SO FOR A TOTAL OF FOUR WEEKS. WE HAVE STRUCTURED THE FOLLOWING BRIEFING FOR YOU, A VERY COMPLICATED PROPOSAL WITH A LOT OF DIFFERENT TRACTS OF LAND, AROUND ANSWERING SEVEN BASIC QUESTIONS. ONE, WHY ARE WE NEGOTIATING WITH STRATUS? TWO, WHAT ARE WE GETTING? THREE, WHAT ARE WE GIVING? FOUR, WHAT ARE THE TRAFFIC IMPACTS AND HOW IS STRATUS MITIGATING THOSE? FIVE, HOW HAVE WE GOTTEN PUBLIC INPUT AND WHAT HAS IT BEEN? SIX, WHAT HAVE THE BOARDS AND COMMISSIONS DONE? AND FINELY SEVEN, WHAT HAPPENS IF THE CITY AND STRATUS DO NOT REACH A AGREEMENT? THE BESTIAL TERN TOIF TO A NEGOTIATED -- BEST ALTERNATIVE TO A NEGOTIATED SETTLEMENT. I'M GOING TO... TO TURN IT OVER TO LISA GORDON.

GOOD MORNING. AS CITY MANAGER FEW TRET HAS EXPLAINED, ALL THE LAST SIX MONTHS WE'VE BEEN IN INTENSE NEGOTIATIONS WITH STRATUS AND NEIGHBORHOOD GROUPS AND INTERESTED STAKE HOLD OTHERS THE AGREEMENT LOOKING FOR THE BEST AGREEMENT WE COULD BRING FORWARD TO YOU. THE PRESENTATION TODAY WILL GIVE YOU OVERVIEW OF TERMS AND ADDRESS SOME OF THE COMMONLY ASKED QUESTIONS THAT CITY MANAGER FEW TREMENDOUSLY...

...PRESENTING IS LES TULL, PAT MURPHY, OUR ENVIRONMENTAL OFFICER, AND TERRY MCMANNIS, IN ADDITION ARE SEVERAL STAFF WHICH WORKED ON THIS, WHICH INCLUDE MARTY TERI, MIKE HEITZ AND GREG GUERNSEY. THEY WILL BE AVAILABLE FOR QUESTIONS SINCE WE HAVE SO MUCH COMPLEXITY TO THE DEAL. IN ADDITION WE HAVE CASEY DOBSON, OUR OUTSIDE ATTORNEY. HE HAS BEEN VERY HELPFUL ON NEGOTIATIONS. FIRST SLIDE. THANKS. AS TOBY MENTIONED, THERE IS VARIOUS 245 CLAIMS BY STRATUS AND THEY CARRY A RISK FOR THE CITY AND STRATUS IN TERMS OF LITIGATION, THE OUTCOME OF THAT LITIGATION, CHALLENGES TO THE CITY'S AUTHORITY, AND A POTENTIAL TAKEN IF THERE WERE LEGALLY SUFFICIENT RULING ON STRATUS' STANDPOINT. BEYOND ANY LEGAL RISK, THE CITY HAS NEGOTIATED AN AGREEMENT THAT PROVIDES SIGNIFICANT BENEFITS THAT ARE BEYOND OUR CURRENT CODE REQUIREMENTS. THESE BENEFITS ARE -- COULD BE ACHIEVED AND THEY COULD BE ENFORCED AND THAT WOULD NOT OCCUR WITHOUT THE AGREEMENT. THE AGREEMENT PROVIDES FOR CERTAINTY. CERTAINTY IN THE TYPE OF DEVELOPMENT, THE MEASURES THAT ALLOW FOR WATER QUALITY PROTECTION, AND IT ALSO PROVIDES A POSITIVE CASH FLOW BETWEEN THE 12th AND 13. 13th YEAR. LES IS GOING TO GIVE YOU AN OVERVIEW OF THE BENEFITS OF THE AGREEMENT IN TERMS OF WATER QUALITY, OPEN SPACE AND REDUCED INTENSITY. LE BE FOLLOWED BY PAT MURPHY WHO WILL GIVE OVERVIEW OF INCENTIVE PACKAGE AND ENHANCED COMMUNITY BENEFITS. PAT WILL BE FOLLOWED BY TERRY, WHO WILL ANSWER ALL OF YOUR TRANSPORTATION QUESTIONS. LES, CAN YOU GIVE US AN OVERVIEW OF THE MAP FOR THE AREA AND SOME OF THE BENEFITS?

THANK YOU, LISA. FIRST, I WOULD LIKE TO DESCRIBE THE STRATUS PROPERTIES THAT ARE SUBJECT OF THIS AGREEMENT. ALL OF YOU SHOULD HAVE A MAP. THERE IS ONE ON THE BOARD AND UP ON THE POWERPOINT PRESENTATION RIGHT NOW. THERE ARE 15 TRACTS INCLUDED WITHIN THIS AGREEMENT. THEY ARE GENERALLY LOCATED ALONG SLAUGHTER LANE AND BRODIE LANE AND ALONG MOPAC JUST NORTH OF SLAUGHTER LANE TO STATE HIGHWAY 45. TRACTS 101 AND 102 ARE AT THE WEST END OF SLAUGHTER LANE AT FM 1826 AND WILL BE AT IMPERVIOUS COVER LEVELS. TRACT 3 IS PROPOSED TO HAVE A MAXIMUM....MAXIM PERVIOUS OFFER OF 31%. TRACTS -- ON EITHER SIDE OF ESCARPMENT AND WILL HAVE NO IMPERVIOUS COVER. TRACTS 106 AND 107 ARE WEST OF MOPAC ON THE NORTH AND SOUTHIZED OF MOPAC. TRACT 106 -- TRACT 107 IS PROPOSED TO HAVE 43%.

SLUSHER: MR. TUL, I DON'T THEY THEY CAN SEE THE NUMBERS SO COULD YOU GIVE A COLOR CODE OF WHAT IS WHAT ON THE MAP?

MAYBE IT WOULD BE -- I COULD GO OVER THERE AND POINT THEM OUT. THE COLOR CODING.

THE COLOR CODES ARE NOT NECESSARILY --

SLUSHER: IT HAS WHICH TRACTS ARE LEFT UNDEVELOPED IMMATERIAL PERPETUITY. IT SHOWS WHERE THE RESERVES ARE AND WHICH ONES ARE GOING TO BE AT S.O.S. LEVELS, WHICH ARE BELOW.

LES, YOU COULD REPEAT, AND IF THE CAMERA WILL GO TO THE MAP AND PAT WILL POINT TO EACH TRACT.

MAYOR GARCIA: CAN WE GET LIGHTS SO THAT -- THERE YOU ARE. SO THE CAMERA CAN FOCUS ON THAT ONE AND NOT -- THAT'S FINE.

AS COUNCILMEMBER SLUSHER SAID, THE MAP NOT ONLY REFLECTS THE STRATUS PROPERTIES THAT ARE SUBJECT OF THIS AGREEMENT, IT DOES SHOW THE CITY'S WATER QUALITY PROTECTION LANDS, WHICH ARE SHOWN IN DARK GREEN. THE CITY PARK LAND, WHICH IS SHOWN IN LIGHT GREEN. AND THE WILDFLOWER CENTER IN THE MEDIUM GREEN. THE LARGE AMOUNT OF OPEN SPACE THAT DOES EXIST IN THIS AREA. AGAIN, REVIEWING THE LOCATIONS OF THE TRACTS AND THEIR IMPERVIOUS COVER. TRACTS 101 AND 102 ARE THE WEST END OF SLAUGHTER ADJACENT TO FM 1826. THESE WILL HAVE S.O.S. IMPERVIOUS COVER LEVELS OR LESS. TRACT 103 IS ON SLAUGHTER LANE NORTH OF ESCARPMENT, PROPOSED TO HAVE MAXIMUM IMPERVIOUS COVER OF 31%. TRACTS 104 AND 105 ARE JUST SOUTH OF 103 ON EITHER SIDE OF ESCARPMENT AND WILL HAVE NO IMPERVIOUS COVER. TRACTS 106 AND 107 ARE ON THE WEST SIDE OF MOPAC ON THE NORTH AND SOUTH OF SLAUGHTER LANE. 106, 26% IMPERVIOUS COVER. TRACT 107, PROPOSED TO HAVE 43%. TRACT 108 IS AT THE NORTHWEST CORNER OF BRODIE AND SLAUGHTER. 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 110 FRONTS STATE HIGHWAY 45 AND MOPAC STRETCHING FROM ESCARPMENT ON THE SOUTHWEST TO LACROSSE ON THE NORTH. IMPERVIOUS COVER ON TRACT 110 IS PROPOSED TO BE 16%. 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 AT 25% IMPERVIOUS COVER. AND FINALLY TRACT 115, KNOWN AS THE BEAR LAKE PUD, IS LOCATED SOUTH OF STATE HOW 45 AND EAST OF FM 1826. IT WILL BE S.O.S. COMPLIANT IN BOTH RECHARGE AND CONTRIBUTING ZONES. PHYSICIAN THE BENEFITS OF THIS PROPOSED AGREEMENT ARE MANY. FIRST, LOOKING AT WATER QUALITY. STRATUS WILL COMPLY WITH OVERALL S.O.S. IMPERVIOUS COVER LIMITS OF 17%. SOTION STORM WATER TREATMENT REQUIREMENTS WILL BE MET ON A TRACT BY TRACT BASIS -- S.O.S. CRITICAL ENVIRONMENTAL FEATURE SETBACKS BETTER THAN THOSE REQUIRED BY CITY CODE HAVE BEEN NEGOTIATED ON SEVERAL TRACTS AND LOWER DENSITY WITH RESULTING DECREASING TRAFFIC SHUT -- WHEN COMPARED WITH THE LEGAL OF DEVELOPMENT THAT MIGHT HAVE OCCURRED. DEDICATION OF SIX PARCELS OF LAND BY STRAT LUS PROVIDE 148 ACRES OF OPEN SPACE. THREE OF THE PARCELS, 111, 112 AND 113 WILL BE DEED TO DO THE WILDFLOWER CENTER. TWO PARCELS 104, 105 WILL BE DEED TO DO THE CITY OF AUSTIN. AND ONE PARCEL, 109, WILL BE DEED TO DO THE CIRCLE C HOMEOWNERS ASSOCIATION AS GREENBELT AND DRAINAGE EASEMENT. A SIGNIFICANT BENEFIT OF THE PROPOSED SETTLEMENT IS REDUCTION OF DEVELOPMENT INTENSITY BELOW LEVELS THAT COULD HAVE BEEN ACHIEVED UNDER S.O.S. WITH ZONING BASED ON THE MUD LAND PLAN. BY PROVIDING INCENTIVES TO STRATUS, LAND USES ARE CAPPED AT 750,000 SQUARE FEET OF OFFICE, 250,000 SQUARE FEET OF RETAIL, AND 1730 RESIDENTIAL UNITS. RESIDENTIAL USE IS FURTHER LIMITED TO NO MORE THAN 900 APARTMENTS WITH NO APARTMENTS ON THE BEAR LAKE PUD. ALSO ONLY #- 5 SINGLE-FAMILY UNITS ARE ALLOWED ON THE CRESCENT AREA OF THE BEAR LAKE PUD. THIS GRAPHIC AND THE TWO THAT FOLLOW EXPLAIN REDUCTIONS IN DENSITY IN EACH LAND USE CATEGORY. THE CHART ON THE LEFT INDICATES THE ESTIMATED SQUARE FOOTAGE OF OFFICE SPACE ACHIEVABLE UNDER THE S.O.S. ORDINANCE OR FISH AND WILDLIFE AGREEMENT WITH THE PROPOSED ZONING. VERSUS THAT UNDER THE AGREEMENT. WE ESTIMATE THAT APPROXIMATELY 1.8 MILLION SQUARE FEET OF OFFICE SPACE MIGHT HAVE BEEN BUILT WHILE STILL COMPLYING WITH S.O.S. THE AGREEMENT ALLOWS ONLY 750,000. YOU MIGHT ALSO NOTE THE CHART ON THE RIGHT. IT SHOWS THE OFFICE SPACE ALLOWED UNDER THE MUD LAND USE PLAN. OVER 8 MILLION SQUARE FEET COMPARED TO THE PROPOSED AGREEMENT. SIMILARLY, RETAIL SPACE HAS BEEN REDUCED UNDER THE AGREEMENT. APPROXIMATELY 310,000 SQUARE FEET COULD HAVE BEEN BUILT UNDER THE S.O.S. ORDINANCE. THE AGREEMENT ALLOWS 250,000 SQUARE FEET. ON THE RIGHT AGAIN THE CHART SHOWS THE MUD LAND PLAN ALLOWED UP TO 1.7 MILLION SQUARE FEET OF RETAIL SPACE. WITH REGARD TO RESIDENTIAL DEVELOPMENT, IN THE CHART ON THE LEFT, YOU CAN SEE 2,300 UNITS WERE ESTIMATED TO BE POSSIBLE WITHOUT THE AGREEMENT WHILE A MAXIMUM OF 1730 ARE NOW ALLOWED. ONLY 900 OF THESE COULD BE MULTI-FAMILY. UNDER THE MUD LAND USE PLAN AS SHOWN ON THE RIGHT, OVER 2800 UNITS WERE ALLOWED. ALL OF THESE WERE APARTMENTS AND WERE LOCATED ONLY ON TRACTS 101, 102, 103, 108 AND 110. AND AT THIS POINT I WILL TURN THE PRESENTATION OVER TO PAT MURPHY WHO WILL EXPLAIN THE INCENTIVES PACKAGES AND OTHER BENEFITS.

AS LES HAS DESCRIBED, THE AGREEMENT SIGNIFICANTLY REDUCES THE AMOUNT OF DEVELOPMENT BUILDING SQUARE FOOTAGE OVER WHAT COULD OTHERWISE BE ACHIEVED UNDER S.O.S. ASSUMING DEVELOPMENT THAT WOULD BE CONSISTENT WITH THE MUD LAND USE PLAN. THIS REDUCTION HAS BEEN ACCOMPLISHED THROUGH MONETARY INCENTIVES. THE POSITIVE BENEFITS DERIVED FROM THIS REDUCTION OF DEVELOPMENT INTENSITY INCLUDE THE REDUCED NUMBER OF -- AND LENGTH OF VEHICLE TRIPS WHICH PROVIDES LONG-TERM IMPROVEMENTS IN AIR QUALITY. IMPROVED WATER QUALITY BOTH DUE TO OFF-SITE TRAFFIC IMPACTS AND OTHER NEGOTIATED BENEFITS OF THE AGREEMENT. REDUCED INFRASTRUCTURE NEED TO DO ACCOMMODATE DEVELOPMENT OF HIGHER INTENSITIES. AND REDUCED NUMBERS OF DWELLING UNITS. THE INCENTIVE PACKAGE THAT HAS BEEN NEGOTIATED WITH STRATUS INCLUDES REIMBURSEMENTS, FOREGONE FUTURE REVENUES AND WEIGHED FEES. THE INCENTIVES INCLUDING 5.4 MILLION IN DEVELOPMENT AND OTHER FEE WAIVERS. $1.5 MILLION FOR A COMMERCIAL CHILLER OR MAY BE USED FOR OTHER FEE WAIVERS. 4.5 MILLION IN WATER AND WASTEWATER FEE WAIVERS. 3.6 MILLION IN ON AND OFF-SITE WATER EXTENSIONS. AND .371 MILLION FOR SOUTH BAY LANE RIGHT-OF-WAY. OTHER BENEFITS INCLUDE COMMUNITY ENHANCEMENTS, NATIVE LANDSCAPING REQUIREMENTS INCLUDED BY RESTRICTIVE COVENANT FOR BOTH RESIDENTIAL AND COMMERCIAL DEVELOPMENT. THIS SHOULD GREATLY REDUCE THE AMOUNTS OF FERTILIZERS, PESTICIDES, HERBICIDES AND WATERING REQUIREMENTS THAT WOULD OTHERWISE BE REQUIRED FOR THESE DEVELOPMENTS. PUBLIC TRAIL EASEMENTS WILL BE PROVIDED IN TRACTS 102 AND TRACT 112. ABILENE BUILDING STANDARDS FOR ALL DEVELOPMENT WILL BE PROVIDED -- GREEN BUILDING STANDARDS WILL BE PROVIDED. DONATION OF AN ELEMENTARY SCHOOL SITE IS INCLUDED WITHIN THE BEAR LAKE PUD AND A MIDDLE -- AN OPTION FOR AISD TO DEVELOP A MIDDLE SCHOOL SITE ON TRACT 101, WHICH IS AT THE CORNER OF 1826 AND SLAUGHTER LANE. THE CITY'S FINANCIAL OFFICERS HAVE DETERMINED THAT EVEN CONSIDERING THE INCENTIVES THAT THE DEVELOPMENT WILL GENERATE A POSITIVE REVENUE STREAM AFTER 12 TO 13 YEARS. OTHER COMMUNITY ENHANCEMENTS THAT THE AGREEMENT PROVIDES INCLUDE HEIGHT RESTRICTIONS BY LOW THOSE THAT WOULD BE A-- BELOW THOSE ALLOWED BY STANDARD ZONING. SIGNIFICANTLY INCREASE SETBACKS FROM RESIDENCES BEYOND THOSE THAT WOULD BE REQUIRED THROUGH NORMAL SETBACKS. ADDITIONAL SCREENING REQUIREMENTS AND CERTAINLY LESS DESIRABLE LAND USES HAVE BEEN EXCLUDED. STRATUS HAS WORKED RELIGIOUSLY WITH IF NEIGHBORHOODS MEETING WITH THEM OUT IN THE FIELD TO TRY TO ACCOMMODATE AND ADDRESS THEIR CONCERNS REGARDING COMPATIBILITY WITH THEIR EXISTING NEIGHBORHOODS. AT THIS TIME I WOULD LIKE TO TURN THE PRESENTATION OVER TO TERI McMAN....MCMAHON NEWS WITH THE TRANSPORTATION PLANNING AND SUSTAINABILITY DEPARTMENT.

THANK YOU. TRANSPORTATION HAS EMERGE TO DO BECOME A SIGNIFICANT ISSUE WITH THIS PROPOSAL. WHAT SPECIFICALLY ARE THE TRAFFIC IMPACTS ASSOCIATED WITH IT AND HOW MIGHT THEY BE MITIGATED. THE STAFF HAS PREPARED AN ANALYSIS OF TRAVEL DEMAND FORECAST FOR A TIME HORIZON OF THE YEAR 2015 AND IT'S BEEN SUPPLEMENTED ALSO WITH SPECIFIC INTERSECTION LEGAL OF SERVICE ANALYSIS FOR EXISTING TRAFFIC VOLUMES. MAJOR SYSTEM CHANGES AREN'T NECESSARY BEYOND WHAT WE HAVE CURRENTLY PLANNED AND ADOPTED IN OUR 2025 TRANSPORTATION PLAN. THE RECOMMENDED IMPROVEMENTS THAT WE HAVE NEGOTIATED WITH STRATUS WILL BE ADEQUATE TO HANDLE INCREASED TRAFFIC. WHAT THIS REALLY MEANS IS THAT THE PLANNED TRANSPORTATION SYSTEM BY THE YEAR 2015 AND THE CITY'S LONG-RANGE PLAN HAS ENOUGH CAPACITY TO ACCOMMODATE THIS PROJECT OR PROPOSAL, AND IN ADDITION ATTENDANT SECONDARY GROWTH IN THE ENTIRE SOUTHWEST AREA. SO THERE IS A MATCH BETWEEN THE PROPOSED DEVELOPMENT BEFORE YOU IN THIS AGREEMENT AND ALSO THE PLANNED TRANSPORTATION INFRASTRUCTURE. ONE OF THE ADVANTAGES OF THE APPROACH THAT WE'VE USED IS THAT IT'S CUMULATIVE. IT IS REGIONAL. WE'VE BEEN ABLE TO RECOGNIZE AND ACCOUNT FOR THE INTERACTION OF LAND USE AND HAVE THIS BE CONSISTENT WITH REGIONAL POPULATION AND EMPLOYMENT GROWTH FORECASTS THAT ARE USED BY ALL OF OUR REGIONAL PLANNING PARTNERS. STRATUS' COMMITMENTS TO FUND SPECIFIC TRAFFIC IMPROVEMENTS HAVE GIVEN US MORE CERTAINTY THAN WE WOULD HAVE OTHERWISE HAD HAD WE RELIED ON INDIVIDUAL TIA'S. WE NOW HAVE UP FRONT COMMITMENTS, WHICH I'LL ADDRESS IN JUST A MOMENT, BUT THIS IS A SIGNIFICANT ADVANTAGE OVER INDIVIDUAL TIA'S THAT ARE DONE IN ISOLATION OF EACH OTHER THAT ARE PIECEMEAL AND ARE NOT REALLY CONSISTENT WITH A REGIONAL PLANNING APPROACH. SPECIFICALLY THE STRATUS TRANSPORTATION IMPROVEMENTS REPRESENT A PACKAGE OF $1.58 MILLION. IT INVOLVES THE WARRANT STUDIES, DESIGN AND CONSTRUCTION OF TRAFFIC SIGNALS AT THREE INTERSECTIONS, THE MODIFICATION OF TRAFFIC SIGNALS AT TWO INTERSECTIONS FOR A COST OF ABOUT $421,000. THE DESIGN AND CONSTRUCTION OF TURN LANES ANSWER RESTRIPING AT THE INTRODUCTION OF SLAUGHTER LANE AND SOUTH LOOP 1 AT APPROXIMATELY $132,000. THE DEDICATION OF ALL OF THE RIGHT-OF-WAY FOREST CARPMENT BOULEVARD IN TRACT 103, AND ONE-HALF OF THE CONSTRUCTION COST OF ESCARPMENT BOULEVARD ESTIMATED AT APPROXIMATELY $1 MILLION. SCHOOL SAFETY SPEED MONITORS AT CIEKER ELEMENTARY SCHOOL ON LACROSSE BOULEVARD ESTIMATED AT $27,000. AND I'LL REITERATE CONSTRUCTION OF SOUTH BAY LANE THROUGH TRACT 110, WHICH WOULD CONNECT WITH LOOP 1. ONE OF THE KEY QUESTIONS TO ANSWER IN REGIONAL TRANSPORTATION PLANNING AND IN THE ANALYSIS THAT WE'VE PREPARED IS WHETHER OR NOT THE AGREEMENT MATCHES WHAT WE AS A CITY HAVE PLANNED. WHAT YOU AS A CITY COUNCIL HAVE ADOPTED IN YOUR LONG-RANGE TRANSPORTATION PLAN. STAFF HAS CONCLUDED THAT THE PRINCIPAL ROADWAYS THAT ARE PLANNED FOR 2015 DO PROVIDE CAPACITY FOR THE DENSE ADVERTISE THAT HAVE BEEN PROPOSED. IT MEANS THAT THE PROJECTED LEVELS OF HER ADVICE ARE ACCEPTABLE. -- OF SERVICE ARE ACCEPTABLE. HOWEVER, HIGHER DENSITIES THAT COULD BE ACHIEVABLE UNDER S.O.S. ARE NOT A CONSISTENT MATCH AND WOULD NOT PROVIDE ADEQUATE CAPACITY FOR THESE POTENTIALLY HIGHER LEVELS OF DEVELOPMENT. SPECIFICALLY WE FORESEE PROBLEMS ON FM 1826 AND ALSO ON SOUTH LOOP 1 SOUTH OF SLAUGHTER LANE. IN GENERAL TERMS, THE AGREEMENT WOULD RESULT IN APPROXIMATELY 38% FEWER DAILY VEHICLES -- VEHICLE TRIPS THAN MIGHT BE ACHIEVABLE UNDER HIGHER DEVELOPMENT DENSITIES. THIS TRANSLATES TO AN ESTIMATE OF 27,000 AVERAGE DAILY VEHICLE TRIPS UNDER THE PROPOSAL VERSUS A POTENTIAL OF 44,000 UNDER HIGHER DENSITIES. CURRENTLY PLANNED ROADWAYS ALSO AS I'VE ALREADY EMPHASIZED REFLECT CAPACITY NOT JUST FOR THIS DEVELOPMENT BUT CUMULATIVELY FOR OTHER LEVELS OF DEVELOPMENT AND REASONABLE POPULATION PROJECTIONS THAT HAVE BEEN PREPARED BY THE STATE DATA CENTER AND ALSO THE TEXAS TRANSPORTATION INSTITUTE FOR THE ENTIRE REGION. WHAT ARE SPECIFIC IMPACTS ON SOUTH LOOP 1? FIRST I WOULD LIKE TO BRIEFLY DESCRIBE HOW SOUTH LOOP 1 EXISTS TODAY. FROM SLAUGHTER TO SH 45, SOUTH LOOP 1 WAS BUILT AS AN ARTERIAL TYPE OF ROADWAY. THE FRONTAGE ROADS, WHAT WERE EVEN VINGSED AS FUTURE FRONTAGE ROADS WERE BUILT. SO IT IS A FOUR-LANE ROAD. IT DOES NOT HAVE INTERCHANGES OR GRADE SEPARATIONS BETWEEN SLAUGHTER LANE AND SH 45. SO THIS SECTION OF SOUTH LOOP 1 IS FROM SLAUGHTER TO SH 45, AND THE INFORMATION THAT I'M SUMMARIZING WILL REFER TO THAT PARTICULAR SEGMENT. THIS SOUTHERN PIECE OF SOUTH LOOP 1. THE PROPOSAL IS ESTIMATED TO CONTRIBUTE ABOUT 2800 VEHICLES PER DAY OR 6% TO 7% OF THE TOTAL 2015 TRAFFIC ON SOUTH LOOP 1 JUST NORTH OF SH 45. THAT TOTAL THAT IS PROJECTED BY 2015 IS ABOUT 30,000 VEHICLE TRIPS PER DAY. TO PUT TONIGHT PERSPECTIVE, 11,000 VEHICLE TRIPS EXIST TODAY. 11,000 TODAY VERSUS 30,000 FOR THE FUTURE FORECAST. THE TOTAL CAPACITY OF THE ROADWAY IS ABOUT, AS IT EXISTS TODAY, 34,000 TO 37,000 VEHICLES PER DAY. THUS THE PROPOSAL PLUS ADDITIONAL DEVELOPMENT IN THE SOUTHWEST AREA IS STILL UNDER THE CAPACITY OF SOUTH LOOP 1. PROPOSAL -- YES.

Alvarez: SO THEN THE 30,000 FIGURE INCLUDES THE 6 TO 7% OR ADDITIONAL TRIPS? THAT FIRST BULLET, DOES THAT ENCOMPASS IN THE NUMBER IN THE SECOND BULLET?

YES, IT DOES. THE 2800 VEHICLES FRO FR THE ROPOSAL ARE INCLUDED IN THE TOTAL 30,000.

Alvarez: OKAY. I JUST WANTED TO BE SURE. THANK YOU.

THUS THE PROPOSAL DOESN'T TRIGGER EXPANSION OF SOUTH LOOP 1. NO DIRECT ACCESS IS PROPOSED TO SOUTH LOOP 1, AND IN FACT DIRECT ACCESS TO SOUTH LOOP 1 IS PROHIBITED. OUR GOAL IS EXPRESSLY TO BRING AS MUCH CAPACITY OUT OF THE EXISTING ROAD AS WE POSSIBLY CAN. AND TO NOT FORCE A NEED TO EXPLORE OPPORTUNITIES OR NEEDS FOR CONSTRUCTION BEYOND THE ROAD THAT EXISTS FOR AS LONG AS WE POSSIBLY CAN. WHAT ARE THE IMPACTS ON SH 45? JUST TO HIGHLIGHT FOR YOU, SH 45 BETWEEN 1826 AND SOUTH LOOP 1, EXISTS SIMILARLY TO SOUTH LOOP 1, IT EXISTS AS A FOUR-LANE ROAD. IT'S ADOPTED IN THE CITY'S TRANSPORTATION PLAN FROM SOUTH LOOP 1 FARTHER TO THE EAST TO FM 1626 AS A FOUR-LANE PARK WAY. THIS SECTION OF THE ROADWAY HAS NOT BEEN BUILT. THE PROPOSAL IS ESTIMATED TO CONTRIBUTE ABOUT 1,000 TO 2,000 VEHICLE TRIPS PER DAY BY 2015 ON SH 45 BETWEEN SOUTH LOOP 1 AND 1626. THIS IS THE SECTION THAT IS NOT BUILT TODAY. THE TOTAL IS 25,000 PROJECTED BY 2015. WITH A TOTAL OF 25,000 VEHICLE TRIPS PER DAY ON THIS SECTION OF SH 45 FROM SOUTH LOOP 1 TO 1626, THIS AMOUNTS TO ABOUT ONE-THIRD THE CAPACITY OF THE ROADWAY. SO EVEN WHEN WE ACCOUNT FOR THE STRATUS CONTRIBUTION, WHICH IS 1,000 TO 2,000 VEHICLE TRIPS PER DAY, IT'S ADDED INTO THE TOTAL OF 25,000 VEHICLE TRIPS PER DAY, WE'RE ONLY AT ONE-THIRD THE CAPACITY OF THE FUTURE PLANNED ROADWAY. THUS WE'VE CONCLUDED THAT THE PROPOSAL DOES NOT REPRESENT A TRIGGER FOR CONSTRUCTION OF SH 45 FROM SOUTH LOOP 1 TO 1626. AND I WOULD JUST LIKE TO POINT OUT THAT SH 45 FARTHER TO THE EAST FROM 1626 TO I-35 IS IN THE CAM POE....CAMPO PLAN. IT'S NOT CURRENTLY IN THE CITY OF AUSTIN 2025 TRANSPORTATION PLAN. AT THIS POINT I WOULD LIKE TO RETURN THE PRESENTATION TO ASSISTANT CITY MANAGER.

THANK YOU, TERI.

... Alvarez: I DID HAVE ONE MORE TRANSPORTATION QUESTION.

MAYOR GARCIA: COUNCILMEMBER ALVAREZ.

Alvarez: PROBABLY A COUPLE SLIDES BACK. THERE IS A SLIDE THAT -- BULLET THAT SAYS THE PRINCIPAL ROADWAYS PLANNED FOR 2015 ARE INADEQUATE FOR HIGHER DEVELOPMENT DENSITY ACHIEVABLE UNDER S.O.S. AND THEN I GUESS UNDER THE AGREEMENT THE PRINCIPAL ROADWAYS DO PROVIDE SUFFICIENT CAPACITY FOR THE PROPOSED DENSITY. NOW, WHAT ARE THE PRINCIPAL ROADWAYS, DO WE HAVE A LIST OF THOSE OR IS IT JUST LOOP 1, 45, 1826 OR A MUCH LONGER LIST?

IT'S A CONSIDERABLY LONGER LIST. WE LOOKED AT SOUTH LOOP 1, SH 45, FM 1826, FM 1626, SLAUGHTER LANE, ESCARPMENT, BRODIE, BECKETT, ESSENTIALLY ALL OF THE MAJOR ARTERIALS THAT ARE IN THE CITY OF AUSTIN'S ADOPTED LONG-RANGE TRANSPORTATION PLAN. WITHIN THE AREA.

Alvarez: I WAS JUST WONDERING IF IT WAS JUST THE MAJOR HIGHWAYS OR SOME MORE LOCAL OR TEAR IALS OR MAJOR ARTERIALS.

YES, IT INCLUDED CITY ARTERIAL ROADWAYS AS THEY ARE CURRENT ADOPTED.

Alvarez: THANKS.

MAYOR GARCIA: BEFORE WE GO TO YOUR PRESENTATION, MS. GORDON, LET ME SEE IF THERE IS OTHER QUESTIONS. HAVE I A COUPLE OF QUICK QUESTIONS FOR THE STAFF THAT MADE THE PRESENTATION. YOU MADE REFERENCE TO THE FACT THAT THE AGREEMENT BECOMES POSITIVE CASH FLOW AFTER 12 YEARS. WHAT IS THE TERM OF THE AGREEMENT?

THE TERM OF THE AGREEMENT IS 30 YEARS.

MAYOR GARCIA: 30 YEARS? SO IT DOESN'T CASH FLOW IN THE FIRST 11 YEARS?

THE COST BENEFIT ASSUMES A PHASED DEVELOPMENT IN TERMS OF WHEN YOU WOULD START CONSTRUCTION AND WHEN YOU WOULD HAVE IT BUILT SO WHEN YOU WOULD GET RETURNS ON THOSE REVENUES, SO THAT'S WHY YOU ARE GETTING THE 12 OR 13. I HAVE THE FINANCIAL STAFF THAT CAN GIVE YOU A MORE COMPREHENSIVE ANSWER.

MAYOR GARCIA: I THINK WHAT I WANTED TO DO WAS FINED OUT DOES IT -- IT MAY NOT FLOW, NET CASH FLOW UNTIL AFTER 12 YEARS, BUT DOES IT DRAIN SOURCES FROM THE CITY FUND?

I THINK IT'S IMPORTANT WHILE VICKY -- IF YOU SIT RIGHT THERE, PROBABLY HAS A MIC. WITH THE EXCEPTION OF THE RIGHT-OF-WAY PURCHASE, WHICH WAS -- WHICH FUNDS ARE ALREADY IN OUR PUBLIC WORKS DEPARTMENT, NONE OF THIS IS PROPERTY OR SALES TAX THAT WE'RE TALKING ABOUT. WE'RE NOT TALKING ABOUT TAXES. WE ARE TALKING ABOUT FOREGONE REVENUE, THOUGH. PRIMARILY REIMBURSEMENT FOR INFRASTRUCTURE AND WAIVED FEES. AND VICKY, I BELIEVE ON THE GENERAL FUND SIDE, DOES IT CASH FLOW ON THE GENERAL FUND SIDE AT NINE YEARS?

IT ACTUALLY DOES CASH FLOW ON THE GENERAL FUND SOONER THAN THE WATER AND WASTEWATER FUND. IF YOU LOOK AT THE PIECES SEPARATELY, IT TAKES THE WATER AND WASTEWATER FUND ALMOST THE FULL 20-YEAR PERIOD ASSUMING A 10-YEAR BUILD OUTOF THE PROJECT. ON THE GENERAL FUND SIDE, I BELIEVE IT IS ABOUT NINE YEARS.

MAYOR GARCIA: WHAT I WOULD LIKE TO DO IS SEE IF WE CAN GET ANALYSIS YEAR TO YEAR BECAUSE WE HAVE SOME BUDGET YEARS STARTING WITH '03 THAT ARE GOING TO BE VERY TIGHT. AND I DON'T KNOW EXACTLY WHEN THAT PARTICULAR SITUATION WOULD SUBSIDE. BETTY?

[INAUDIBLE].

MAYOR GARCIA: IS YOUR MIC ON? DUNG DNG I ASKED................

Dunkerley: I ASKED THEM TO LOOK AT THE TOTAL OVER THE 20-YEAR PERIOD OF TIME. THE NET AFTER YOU BACK OUT FOREGONE REVENUE AND ANY COSTS AND AT THE END OF 20 YEARS IT WAS APPROXIMATELY $18 MILLION IN VALUE. VIRTUALLY ALL OF THAT GOES TO THE GENERAL FUND. THEY COULD PROBABLY EXTEND THAT ON OUT TO THE FULL LENGTH OF THE GRANT, BUT I WANTED TO GO OUT AT LEAST AS FAR AS WHEN THE WATER AND WASTEWATER THINGS CASH FLOWED. I LOOKED AT THAT. THAT IS A TOTAL NET BENEFIT TO THE COMMUNITY AND CERTAINLY BENEFITS THE OTHER TAXING JURISDICTIONS AS WELL AS THE CITY'S GENERAL FUND.

THE OTHER THING I WOULD LIKE TO POINT OUT IS THAT IN -- ALTHOUGH THIS IS NOT ANYTHING -- THIS DOES NOT TAKE INTO ACCOUNT ANY OF OUR PROJECTIONS FOR SALES OF PROPERTY TAX, IT DOESN'T AFFECT THAT AT ALL BECAUSE WE ARE NOT INCLUDING TAXES AS PART OF THIS DEAL, WE WERE CONCERNED THAT EVEN WITH FOREGONE REVENUE, WE WOULD HAVE TO BE CAREFUL ON OUR PROJECTIONS, SO THERE IS A 1.5 MILLION CAP ANNUALLY ON HOW MANY -- ON HOW THE FEES CAN BE WAIVED. SO THAT HELPS YOU SPREAD THAT OUT OVER TIME AND DIMINISH ANY IMPACT FOR US ON BUDGET.

SLUSHER: WHAT WOULD BE THE FIRST YEAR THAT THERE WOULD BE ANY DRAWDOWN ON THAT.

THE DRAWDOWN COULD -- IF THE AGREEMENT IS PASSED, THE DRAWDOWN COULD HAPPEN WHEN PLANNING FOR THAT BEGINS. THAT IS GOING TO BE SORT OF MARKET DRIVEN. BUT WHAT WE DID DO IS NOT ALLOW FOR BIG CHUNKS OF IT TO OCCUR IN ANY ONE YEAR BUT TO PUT CAP ON THE ANLT THAT COULD BE DROWN DOWN IN A GIVEN YEAR. AND THAT HELPS US SPREAD OUT THE RISK.

........ > SLUSHER: SO AT 1.5 A YEAR, THAT WOULD BE AT LEAST TEN YEARS, IT WOULD BE STRETCHED OVER TEN YEARS?

Dunkerley: THE OTHER THING I ASKED THE FINANCE DEPARTMENT TO LOOK AT IS THE $15 MILLION WORTH OF VALUE IN WAIVED FEES AND REIMBURSABLES AND THINGS LIKE THAT. I ASKED THEM TO LOOK AT IT IN TERM OF THE NET VALUE. SORT OF LIKE WHEN YOU HAVE A LOTTERY THAT IS A $70 MILLION, BUT YOU TAKE THE CASH OPTION AND IT'S ABOUT 40. IT'S ABOUT -- I WANT TO SAY 13 OR -- 13.8 OR SOMETHING LIKE THAT. SO THAT TOTAL 15 MILLION, IF YOU ARE LOOKING AT WHAT IS ITS VALUE TODAY IS LESS THAN THAT NUMBER.

MAYOR GARCIA: ON THE TRANSPORTATION SIDE, ON THE QUESTION THAT SAYS WHAT ARE THE TRAFFIC IMPACTS AND MITIGATION, AND SECONDLY, WHAT ARE THE IMPACTS ON SOUTH LOOP 1, YOU TALKED ABOUT GRADE SEPARATIONS ON LOOP 1. OUR CITY PLAN, TRANSPORTATION PLAN, DOES NOT HAVE ANY PLANS FOR DOING GRADE SEPARATIONS ON LOOP 1 SOUTH OF SLAUGHTER?

NO. SOUGHT......SOUTH OF SLAUGHTER LANE, THE 2025 CITY OF AUSTIN PLAN DOES NOT INCLUDE ANYTHING OTHER THAN THE ROADWAY THAT EXISTS TODAY.

MAYOR GARCIA: OKAY. AND OUR PLAN, BASICALLY THE CAMPO PLAN, IT IS MORE OF A PLANNING PLANNING FOR FIGURING OUT WHICH JURISDICTIONS ARE GOING TO FUND WHAT, CORRECT? I SHOULD KNOW THE ANSWER TO THAT QUESTION BECAUSE I SAT ON CAMPO, BUT I DON'T REMEMBER.

FOR ROADWAYS INSIDE THE CITY OF AUSTIN'S JURISDICTION, THEN DECISIONS ARE MADE JOINTLY BETWEEN THE JURISDICTION INVOLVED AND THE METROPOLITAN PLANNING ORGANIZATION.

MAYOR GARCIA: BECAUSE I THINK ON 1626, I THINK -- IN ONE OF THESE, 45 OR 1626, IT GOES ALL THE WAY TO I-35.

CORRECT. SH 45 IS ADOPTED IN THE CAMPO PLAN TO EXTEND ALL THE WAY TO IH 45.

MAYOR GARCIA: BUT NOT IN OUR PLAN?

NO. IT TERMINATES AT 1626 AND DOES NOT INCLUDE THE PIECE THAT WOULD CONNECT IT FROM 1626 TO IH-35.

MAYOR GARCIA: OKAY. LAST QUESTION HAS TO DO WITH ARE THERE ANY -- ARE WE DOING ANYTHING ON TRANSPORTATION THAT WOULD HAVE THE EFFECT OF TRIGGERING OTHER DEVELOPMENT OTHER THAN WHAT IS BEING PLANNED UNDER THIS? UNDER THE LANDS THAT ARE IN THIS AGREEMENT? BECAUSE THERE ARE LANDS THAT ARE NOT IN THE AGREEMENT, SO HAVE YOU HAD A CHANCE TO LOOK AT THAT?

ONE ANSWER MIGHT BE -- I'M NOT SURE QUITE HOW TO RESPOND TO THAT. THERE IS A GREAT DEAL OF SINGLE-FAMILY DEVELOPMENT THAT IS EXISTING THERE THAT OCCURS, THAT IS IN THE AREA, AND A LARGE PORTION OF THE LAND IS GREEN SPACE AND PARK LAND AROUND THIS AREA ALSO. BUT IN PARTICULAR IN THE INFRASTRUCTURE INVESTMENTS, THE INFRASTRUCTURE INVESTMENTS ARE PRIMARILY RELATED TO FIRE FLOW TO CT 110 AND A PRESSURE PLAIN PROBLEM FARTHER UP ON A TRACT. THOSE WATER IMPROVEMENTS ARE CERTAINLY NOT CAPACITY BUILDING. THEY ARE NOT THERE TO ALLOW MORE DEVELOPMENT TO OCCUR BECAUSE OF THAT INFRASTRUCTURE.

[ONE MOMEMT, PLEASE, FOR CHANGE IN CAPTIONERS]

SLUSHER: ... THE AGREEMENT HAS LESS DEVELOPMENT THAN WHAT WOULD BE ALLOWED UNDER S.O.S., WHICH YOU CALCULATE THOSE FIGURE, DOES THAT COME ON TRACT BY TRACT DEVELOPMENT UNDER S.O.S. OR WITH THE BUCKET IN THIS AGREEMENT?

WHAT WE LOOKED AT, BECAUSE S.O.S. LOOKS AT IMPERVIOUS COVER AND DOES NOT ADDRESS LAND USE INTENSITIES AT ALL, WE HAD TO CONVERT THAT INTO THE -- INTO THE INTENSITIES AND ESSENTIALLY WE LOOKED AT THE AVAILABLE AMOUNT OF NET SITE AREA, IT REALLY WOULDN'T MAKE ANY DIFFERENCE WHETHER IT'S BUCKET OR NOT. BECAUSE OF THE WAY THIS PROCESS HAS WORKED. WHAT IT WOULD HAVE -- WHAT IT WOULD DO IS SIMPLY SHIFT WHICH TRACTS THE DEVELOPMENT WOULD OCCUR ON. SO -- SO IF WE HAVE IDENTIFIED BASED ON WHAT WAS ANTICIPATED ZONING THAT WE WOULD HAVE A CERTAIN AMOUNT OF MULTI-FAMILY, IT COULD BE ON ANY ONE OF FOUR TRACTS, IN THIS CASE THE IMPERVIOUS COVER IS SIM -- HAS SIMPLY BEEN SHIFTED AROUND TO SOME EXTENT TO DO THAT OR THE OFFICE HAS BEEN SHIFTED.

SLUSHER: SO IT WOULD COME OUT THE SAME EITHER WAY. I WAS WONDERING IF BECAUSE OF THE DIFFERENT CONDITIONS ON DIFFERENT TRACTS, IF YOU WENT BACK TO -- TO THE STRAIGHT OUT S.O.S. PER TRACT, WOULD YOU GET LESS OR MORE THAN YOU WOULD UNDER THE -- BUT YOU BASED IT ON THAT, YOU BASED IT ON THE TRACT BY TRACT, NOT ON THE BUCKET.

I -- I LOOKED MORE AT THE BUCKET BASICALLY, BUT I BELIEVE I CAN ANSWER, I FEEL VERY CONFIDENT IN ANSWERING THE QUESTION, BECAUSE THE TRACTS THAT THEY ARE TRANSFERRING OFF OF, SUCH AS IN PARTICULAR 111 AND 113 WERE PRIMARILY OFFICE RETAIL TRACTS. AND AGAIN 102, WHICH IS HAVING A SUGGEST CAN'T AMOUNT MOVED OFF OF IT, OVER TO OTHER RETAIL OR OFFICE TRACTS, THE BALANCE WOULD BE THERE. IT WOULD NOT MAKE ANY SIGNIFICANT DIFFERENCE IN THE TOTAL AMOUNT. AGAIN, BECAUSE OFFICE IS AGGREGATED PRIMARILY ON 110 WHICH HAS THE ZONING WHICH AS THE -- WHICH ALLOWS THE GREATER HEIGHT. THEY ARE WITHIN S.O.S. ON 110. I WOULD NOT SEEN ANY DIFFERENCE GIVEN THE LEVEL OF ACCURACY THAT I CAN USE IN MAKING THIS SORT OF TRANSFORMATION FROM IMPERVIOUS COVER TO LANDS USE INTENSITY.

SO YOU THINK IT WOULD BE THE SAME. YOU SEE WHAT I'M DRIVING AT. I WANT TO MAKE SURE I DON'T GET A SITUATION WHERE IF SOMEONE SAID WELL, YOU -- IF YOU HAD TO APPORTION IT TRACT BY TRACT --

WHILE I HAVEN'T GONE THROUGH AND DONE THAT SPECIFICALLY ON A TRACT BY TRACT BASIS, I FEEL VERY CONFIDENT THAT WE WOULD NOT SEE ANY SIGNIFICANT CHANGE.

OKAY.

SLUSHER: YOU MENTIONED TRACT 110, WHICH IN THE PLAN IS 1% ABOVE S.O.S. NOW, KEEPING IN MIND THAT THE -- THAT THE OVERALL PLAN, ALL OF THE PROPERTIES COMBINED ARE GOING TO COME IN AT THE S.O.S. IMPERVIOUS COVER LEVEL. AND THEN SINCE S.O.S. DOESN'T REGULATE DENSITY, THAT IF YOU PUT THE ZONINGS ON HERE THAT ARE IN THE MUDD LAPPED USE PLAN, THEN YOU WOULD HAVE WHAT -- THE FIGURES THAT YOU MENTIONED, WHICH I THINK 2.1 MILLION.

1.8 TO POSSIBLY --

SLUSHER: I'M SORRY, 1.8, WHAT'S THE -- WHAT'S THE RETAIL FIGURE?

THE --

THE 310 --

YES, 310.

OKAY. WELL, BUT -- SO LOOKING AT THESE -- AT THIS MAP AND DRIVING OUT THERE, GOING -- WHICH I'VE DONE MANY TIMES, BUT IT SEEMED THAT 110, WHY DO WE -- WHY SHOULD THAT BE DEVELOPED TO JUST ONE% OVER S.O.S. -- 1% OVER S.O.S. LET'S PUT THAT TRACT IN STRICT COMPLIANCE WITH S.O.S. I TALKED TO MR. ARMSTRONG FROM STRATUS ABOUT THAT, HE'S NOW AGREED THAT HE WILL DEVELOP 110 AT 15% AS IN THE STRICT COMPLIANCE WITH THE S.O.S. SO I APPRECIATE HIS FLEXIBILITY. I WANTED TO GET THAT ON THE TABLE TODAY.

ALL RIGHT.

IF I CAN USE THIS AS AN OPPORTUNITY, IN YOUR PACKET OF MATERIAL THAT WAS DISTRIBUTED TODAY, THERE IS A CHART I PREPARED WHICH WAS COUNCILMEMBER SLUSHER HAD REQUESTED A SUMMARY LOOKING AT ALL OF THE NUMBERS, TRYING TO PROVIDE AS MUCH INFORMATION AS POSSIBLE.

MAYOR GARCIA: THIS ONE SHOWS IT AT 14.7.

RIGHT. I WANTED TO CLARIFY BECAUSE OF THE WAY IMPERVIOUS COVER IS CALCULATED ON LOOKING ON A TRACT BY TRACT BASIS, IT HAS TO TAKE INTO COUNT BOUNDARY STREET IMPERVIOUS COVER. THESE NUMBERS REFLECT THE REMOVAL OF THE BOUNDARY STREET IMPERVIOUS COVER ALREADY. SO WHEN WE TALK ABOUT 16% ORIGINALLY OR NOW 15%, IN ACTUALITY THE AMOUNT OF IMPERVIOUS COVER HAS WILL BE BUILT ON THE TRACT WILL BE LESS THAN THAT.

SO THAT WILL GO DOWN BY A PERCENT --

THIS WILL GO DOWN BY SOME PORTION OF A PERCENT. BUT JUST SO THERE ISN'T CONFUSION, WHEN YOU LOOK AT THESE NUMBERS, WE HAVE WRITTEN THE AGREEMENT TO REFLECT TAKING OUTBOUND DEAR STREETS, FOLLOWING -- YOU KNOW, THE CODE RULES, THE FULL CODE COMPLIANCE ON THAT. AND HAVING SPECIFIC NUMBERS THAT S.O.S. CAN PUT ON EACH TRACT SO THAT IT WAS VERY CLEAR IN THE FUTURE. SO THAT'S -- WHEN YOU LOOK AT THESE NUMBERS AND SEE SOME DIFFERENCE BETWEEN WHAT ARE CALLED CAP, THOSE WERE CODE CAPS. THESE REFLECT IMPERVIOUS COVER ON THE TRACT.

MAYOR GARCIA: FURTHER QUESTIONS FROM STAFF BEFORE WE GO TO MS. GORDON? MAYOR PRO TEM?

Goodman: I'M SORRY IF I HEARD THIS AND WASN'T PAYING ATTENTION. DID ANYBODY EVER EXPLAIN WHAT IT IS THAT WE ARE CALLING BUCKETS ALL OF A SUDDEN? IT'S NEVER BEEN A TERM USED BEFORE. AND PEOPLE OUT IN THE COMMUNITY HAVE NO CLUE WHAT THAT MEANS. THEY DON'T KNOW IF IT MEANS CLUSTERING OR WHAT.

THE BUCKET IS A WORD THAT -- THAT BASICALLY IS ANOTHER WORD FOR CLUSTERING OF IMPERVIOUS COVER. I FRANKLY DON'T REMEMBER EXACTLY WHERE IT CAME FROM. BUT I REMEMBER IT STARTED BEING TALKED ABOUT BEFORE THE BRADLEY NEGOTIATIONS. AS A WAY TO LOOK AT HOW YOU WOULD TAKE THE IMPERVIOUS COVER, ACCUMULATE IT OVER ALL AND THEN REDISBURSE IT ON THE PIECE OF LAND WITHIN THE AGREEMENT. SIMPLY PUT ITS CLUSTERING. WHAT IT MEANS IS THAT WE LOOK AT THE OVERALL NET SITE AREA AND THE YIELD OF IMPERVIOUS COVER UNDER THE CURRENT REGULATIONS, S.O.S., AND WE TAKE THAT TOTAL AND THEN WE LOOK AT HOW THE -- HOW THE IMPERVIOUS COVER WILL BE USED OVERALL. THE AGREEMENT ALLOWS FOR THAT IMPERVIOUS COVER TO BE SHIFTED TO THE TRACTS THAT WE TALKED ABOUT THAT WOULD HAVE HIGHER LEVELS THAN S.O.S. IMPERVIOUS COVER ON THEM. AND -- IF WE COULD WE CAN SHOW YOU THOSE AGAIN IF YOU WANT TO SEE THAT. THAT OBVIOUSLY HAS TO COME FROM SOMEWHERE WHETHER IT'S OVERALL COMPLIANT WITH S.O.S. THE TRACTS CONTRIBUTE THE BULK OF THAT, BUT SOME OF THE OTHER TRACTS MAY ACTUALLY BE DEVELOPED AT LEVELS LOWER THAN S.O.S. IN ORDER TO PROVIDE THAT ADDITIONAL IMPERVIOUS COVER TO THE TRACTS THAT ARE EXCEEDING S.O.S. ON A SITE BY SIGHT BASIS.

THANKS. THE REASON THAT I ASKED IS BECAUSE I THINK OUR GOAL HERE TO HELP AS MANY IN THE PUBLIC AS WE POSSIBLY CAN UNDERSTAND AND BE AWARE OF EXACTLY WHAT WAS ON THE TABLE, THE HISTORY AND THE TERMINOLOGY OF ANYTHING THAT WE TRY TO DESCRIBE AND I DON'T KNOW WHERE BUCKETS CAME FROM, BUT IT DOESN'T SEEM TO ME TO DESCRIBE CLUSTERING. WHEREAS CLUSTERING IS A SPECIFIC ACTION TO TAKE AND IN FACT IS THE REASON THAT ENGLAND STILL HAS GREEN COUNTRYSIDES TO DRIVE THROUGH. SO -- SO THE IMPRESSION THAT YOU GET BY SAYING BUCKET DOESN'T TELL ME MUCH. I JUST WANTED TO MAKE SURE BECAUSE YOU WOULD NOT BELIEVE HOW MANY PEOPLE HAVE SAID, I THOUGHT I HAD PAID ENOUGH ATTENTION TO THIS TO KNOW THAT -- THE JARGON, BUT WHAT IS A BUCKET? SO I THOUGHT THAT I WOULD THROW THAT OUT THERE.

I THINK IT'S BEEN A BIT OVERUSED AT THIS POINT.

Goodman: OKAY. LET'S -- LET'S LEAVE THE BUCKET ON THE BACK PORCH AND GO BACK TO CLUSTERING. THANKS, MAYOR.

THANK YOU.

MAYOR GARCIA: FURTHER QUESTIONS? MS. GORDON?

MAYOR AND COUNCIL, I JUST WANT TO CLOSE OUT BY LETTING YOU KNOW THAT WE'VE HAD AN EXTENSIVE AMOUNT OF PUBLIC INPUT AND IT -- JUST WHAT MAYOR PRO TEM STATED THAT TRYING TO MAKE SURE THAT WE EDUCATE THE PUBLIC ABOUT WHAT WE ARE ACTUALLY NEGOTIATING AND WHY, THAT'S THE TERMS OF THE DEAL, HAS THAT DOES PROVIDE TO OUR ENVIRONMENT. I JUST WANTED TO GO OVER THE SLIDE. WE HAVE MET WITH OVER 25 COMMUNITY GROUPS, NEIGHBORHOODS, INTERESTED STAKEHOLDERS AND NEIGHBORHOOD ASSOCIATIONS. WE ALSO HAVE HAD WEEKLY STAKEHOLDER MEETINGS BETWEEN STRATUS AND THE CITY OF AUSTIN AND OTHER INTERESTED PARTIES, INCLUDING THE WILDFLOWER CENTER, THE NEIGHBORHOODS AND ENVIRONMENTAL LEADERS. THE ZONING AND PLATTING ALSO HAD THEIR PROCESS CONCERN WITH MAKING SURE THE PUBLIC HAD GOOD INFORMATION. THEY HAD TWO PUBLIC HEARINGS AND FOUR MEETINGS WITH STAKEHOLDER PARTICIPATION AND SEVERAL OF THE PLANNING COMMISSIONERS PARTICIPATED AND THEY FORMED A TASK FORCE AND -- AND PROVIDED RECOMMENDATIONS. WE ALSO PRESENTED THE INFORMATION TO OTHER BOARDS AND COMMISSIONS THAT WERE NOT REQUIRED. THE URBAN TRANSPORTATION COMMISSION AND THE WATER AND WASTEWATER COMMISSION. IN ADDITION TO THE ENVIRONMENTAL BOARD. WE ESTABLISHED A WEB PAGE WHICH HAS BEEN UPDATED DAILY TO GIVE FREQUENTLY ASKED QUESTIONS, A REPORT ON TRAFFIC, AND TO PROVIDE A TERM SHEET ON THE ACTUAL AGREEMENT. WHAT HAVE THE BOARD AND COMMISSIONS DONE? THE ENVIRONMENTAL BOARD MADE A RECOMMENDATION TO APPROVE THE AGREEMENT. THE -- THEY IDENTIFIED 14 CONDITIONS. 13 OF THOSE CONDITIONS WERE MET AND INCORPORATED IN THE AGREEMENT. THE ONLY ONE THAT WAS NOT AGREED UPON WAS WITH STRATUS WAS THE EXCLUSION OF A GAS STATION ON ANY TRACTS, THERE WERE NO GAS STATIONS AND STRATUS DID NOT AGREE TO THAT TERM. OTHER THAN THAT THEY MET ALL OF THE OTHER CONDITIONS. THE ZONING AND PLATTING COMMISSION ALSO APPROVED THE AGREEMENT WITH CONDITIONS, ALL OF THOSE CONDITIONS WERE ADDED INTO THE AGREEMENT WITH THE EXCEPTION OF ON A COUPLE OF THE TRACTS THERE WAS A PROHIBITION OF WATER QUALITY CONTROLS AND THE STAFF HAD SOME CONCERNS ABOUT THAT. SO WHEN WE GO OVER THE ZONING, WE WILL RAISE THAT AS AN ISSUE, BUT THAT'S THE ONLY THING THAT HAD NOT BEEN INCORPORATED. THE URBAN TRANSPORTATION COMMISSION TOOK A STANCE THAT THEY DON'T WANT TO SEE ANY DEVELOPMENT OVER THE AQUIFER. BUT IF IT WERE TO OCCUR, CONSISTENT WITH THIS TYPE OF AGREEMENT, THEY WOULD WANT TO ENCOURAGE BICYCLE AND PEDESTRIAN USE AND OTHER TRANSPORTATION MODES. IN THE PLAN WE HAVE AN INNOVATIVE TRANSPORTATION PLAN, WHICH INCLUDES SURVEYS OF THE COMMUNITIES, COORDINATION WITH CAPITAL MET AND CAMPO FOR OTHER TRANSPORTATION OPTIONS AND TO ENCOURAGE THOSE OTHER USES.

FUTRELL: LISA, ISN'T THERE ALSO A LOT OF CONNECTIVITY OF TRAILS THAT GETS TO THE BIKE AND PED ASPECT OF THE URBAN TRANSPORTATION COMMISSION?

THAT HE SHOULD. AS I THINK PAT MURPHY WENT OVER, THERE ARE TRAIL EASEMENTS THAT ARE THROUGHOUT THE TRACTS THAT ALLOW FOR CONTINUITY OF HIKE AND BIKE TRAILS AND OTHER TRANSPORTATION MODES. THE LAST SLIDE THAT WE HAVE IS WHAT HAPPENS IF THE CITY AND STRATUS DO NOT REACH AN AGREEMENT. IN ITEMS OF THAT WE THINK THAT THERE ARE MANY OPTIONS FOR STRATUS TO PURSUE. THE MOST LIKELY WOULD BE THAT THE TRACTS WOULD COME IN ONE BY ONE. BUT ALSO THE -- THE DEVELOPMENT WOULD BE VERY UNCERTAIN. IN THIS AGREEMENT WE GET CERTAINTY OF THE DEVELOPMENT, WATER EQUALLY, OPEN SPACE, MITIGATED TRAFFIC AND A TRANSPORTATION PLAN, REDUCED DENSITY, COMMUNITY ENHANCEMENTS AND A POSITIVE CASH FLOW THAT OCCURS. SO WE FEEL THAT WITHOUT THE AGREEMENT WE HAVE LESS ABILITY TO ACHIEVE THOSE ENDS. IT ALSO WOULD TRIGGER HIGHER DENSITIES AS WAS NOTED BY LES, THERE ARE DENSITIES THAT COULD BE CLAIMED IF THEY PREVAILED WOULD NOT -- WOULD HAVE AN IMPACT ON THE ROADWAYS AND ON OUR IMPERVIOUS COVER. AS ALWAYS, THERE'S LITIGATION AND LEGISLATION, WHICH THERE'S BEEN A PAST HISTORY OF THAT, THAT CITY MANAGER FUTRELL HAS NOTED IN GREAT DETAIL AND ALSO THE LAST BULLET IS THAT EVEN IF WE WERE SUCCESSFUL IN LITIGATION, WE WOULD BE UNABLE TO ACHIEVE THE BENEFITS THAT WE HAVE IN THE SETTLEMENT. WE THINK THAT'S THE OPEN SPACE, YOUR BUFFERS, YOUR SETBACKS, THAT GO BEYOND YOUR CURRENT CODE AND THE REDUCED DENSITY. SO OVERALL THE STAFF IS RECOMMENDING THIS AGREEMENT BECAUSE OF ALL OF THE AMENITIES THAT IT PROVIDES FOR THE COMMUNITY AND CERTAIN OF THE DEVELOPMENT IN THIS AREA. IF THERE ARE ANY OTHER QUESTIONS, WE WILL TAKE THEM AT THIS TIME.

MAYOR GARCIA: THANK YOU, MS. GORDON. QUESTIONS FOR MS. GORDON OR THE MEMBERS OF THE STAFF. MAYOR PRO TEM?

Goodman: JUST A COUPLE. JUST TO GO TO ONE PRACTICAL ISSUE FOR A SECOND. YOU MENTIONED GAS STATIONS. I FORGOT ABOUT THAT. THERE WERE TWO ORIGINALLY, RIGHT? AND DO WE REMEMBER WHICH TRACTS THOSE GAS STATIONS WERE SCHEDULED FOR?

EXCUSE ME, LES TULL. THE AGREEMENT ACTUALLY ALLOWS ONLY ONE GAS STATION. IT COULD BE LOCATED ON EITHER TRACT 106 OR TRACT 114.

Goodman: OKAY.

Goodman: AND SOME OF THIS IS SORT OF LEGAL, SO I DON'T KNOW WHETHER I AM JUST THROWING THIS OUT AND GETTING ANSWERS NOW OR LATER. BUT IT'S RELATIVE TO WHAT HAPPENS IF WE DON'T REACH THIS AGREEMENT AND I GUESS WE ALL HAVE A LOT OF QUESTIONS ON OUR MIND GIVEN THE LAWSUIT OF -- OF WHATEVER THAT WAS, WHAT DAY IS THIS? MONDAY? SPEAKING OF 1704, JUST FROM MY OWN PRACTICAL KNOWLEDGE HERE, DID THAT INCLUDE ANY DEFINITION OF PROJECT IN THE REWRITTEN LEGISLATION?

CASEY, WHY DON'T YOU STEP UP AND HELP WITH THIS. I'M ASSUMING THAT YOU ARE GOING TO -- TO ADVISE US IF AT ANY POINT YOU THINK WE ARE IN LIGHT OF THE LITIGATION THAT WE ARE STEPPING OVER IN BOUND HERE.

WHO THE MAYOR PRO TEM HAS NOW ASKED FOR IS WHETHER THERE IS SOMETHING IN THE STATUTE. YES THERE IS MAYOR PRO TEM. PROJECT MEANS AN ENDEAVOR OVER WHICH A REGULATORY AGENCY EXERTS ITS JURISDICTION AND FOR WHICH ONE OR MORE PERMIT ARE REQUIRED TO INITIATE, CONTINUE, OR COMPLETE THE ENDEAVOR. SO THAT'S REALLY THE PROTECTION. FOR A PROJECT AND SOMETIME DIFFERENCES OF OPINION COME UP IN HOW YOU DEFINE PROJECT.

YES, MA'AM. AS A MATTER OF FACT, AS YOU AND THE OTHER COUNCILMEMBERS THAT WERE ON THE COUNCIL IN 1999 ARE AWARE, SINCE THE NEW STATUTE PASSED IN '99, THE CITY HAS INFORMALLY REJECTED MANY 1704 APPLICATIONS ON THE BASIS THAT IT -- THAT IT'S A DIFFERENT PROJECT.

Goodman: RIGHT. OKAY. SO IF THE ORIGINAL PROJECT THAT IS -- THAT IS THE REASON THAT WE ARE TALKING IN THE FIRST PLACE AND ABLE TO TALK BECAUSE THE -- BECAUSE THE DEVELOPER OR PROPERTY OWNER HE IS WILLING TO -- OWNER IS WILLING TO. IF THAT PROJECT HAS LOTS WITHIN IT, TECHNICALLY WE ARE SAYING THAT THE PROJECT COMPLIES WITH S.O.S. AND IN THIS CASE ACTUALLY MORE THAN COMPLIES? IS THAT A LEGAL DEFINITION? DO YOU THINK?

WELL, WHAT IS -- NOT PER SE, MAYOR PRO TEM. I THINK WHAT IS HAPPENING HERE IS THAT THE CITY AND STRATUS ARE ACKNOWLEDGING THAT STRATUS HAS CHAPTER 245 CLAIMS THAT THEY ARE NOT BOUND BY S.O.S. AND WE ARE SAYING, OKAY, WE WILL ACKNOWLEDGE THAT YOU HAVE THESE CLAIMS. BUT THEN THEY ARE COMING IN RIGHT BEHIND THAT IN THE AGREEMENT AND SAYING, WE ARE WAIVING ALL OF OUR 245 RIGHTS EXCEPT FOR THE ABILITY TO CLUSTER IMPERVIOUS COVER ABOVE S.O.S. LEVELS ON THESE PARTICULAR TRACTS. AS TO BETTER THAN S.O.S., THE IMPERVIOUS COVER IS EXACTLY THE SAME, THE WATER QUALITY TRACT BY TRACT IS EXACTLY THE SAME, THERE IS DIFFERENCE -- I THINK THERE IS A DIFFERENCE OF OPINION AMONG -- AMONG PEOPLE WHO KNOW A LOT MORE ABOUT IT THAN I, ABOUT WHETHER CLUSTERING IS BETTER THAN S.O.S. I KNOW THAT YOUR CITY KEY ENVIRONMENTAL PEOPLE ON YOUR CITY STAFF BELIEVE THAT THE ANSWER TO THAT QUESTION IS YES. AS OPPOSED TO SPREADING OUT THE IMPERVIOUS COVER AMONGST ALL OF THE TRACTS.

Goodman: RIGHT. THE DISRUPTION THAT GOES WAY BEYOND CLUSTERED. OKAY. THAT'S -- I'M GETTING KIND OF NERVOUS ABOUT SOME OF THE QUESTIONS THAT I HAVE MYSELF, SO I WILL SHUT DOWN AT THIS POINT.

FUTRELL: RIGHT. WE CAN EITHER MEET ONE ON ONE AND WE DO HAVE AN EXECUTIVE SESSION POSTED TOMORROW. JUST TO REMIND EVERYBODY, WE HAVE A FOUR-WEEK PROCESS AHEAD OF US. WE WILL BE UPDATING THE WEB PAGE FOR EXAMPLE, WE WILL BE UPDATING THE REDUCTION IN IMPERVIOUS COVER, THAT COUNCILMEMBER SLUSHER HAS GOTTEN AGREEMENT TO AS WE MOVE THROUGH THIS PROCESS. WE WILL -- WE WILL REDO THE BRIEFING TOMORROW. I BELIEVE LISA WE HAVE THIS FOR A TIME CERTAIN TOMORROW?

THE TIME CERTAIN IS 5:45 P.M.

5:45 P.M., THAT'S TO MAKE SURE THAT PEOPLE CAN GET DOWN TO GET US INPUT AFTER WORK. WE WILL DO THE BRIEFING. YOU WILL HAVE A ZONING PUBLIC HEARING, YOU ARE POSTED FOR FIRST READING ONLY. WE WILL BE POSTING FOR SECOND READING ON JULY 11th , TWO WEEKS LATER. AND THIRD READING THE FOLLOWING WEEK, WHICH MAKES IT FOUR WEEKS ON JULY 18th . NOW, WE DO HAVE ONE CLARIFICATION I WOULD LIKE THE CITY ATTORNEY TO DESCRIBE THAT..... THAT.

WE NOTICED THIS WEEK THAT THAT WAS A PUBLICATION ERROR ON TWO TRACTS THAT ARE INVOLVED IN THIS MATTER. THOSE ARE TRACTS 107 AND 113. AND THOSE TRACT WILL BE RENOTICED IN THE NEWSPAPER, THAT'S WHERE THE ERROR OCCURRED IN THE NEWSPAPER PUBLICATION. WHEN THE MATTERS ARE TAKEN UP BY COUNCIL TOMORROW, THOSE TWO TRACT WILL NOT BE A PART OF THE ZONING ITEMS THAT WE WOULD LIKE YOU TO CONSIDER ON FIRST READING. INSTEAD WE WOULD PRESENT THEM AT THE JULY 18th MEETING ON ALL THREE READINGS. THE NOTICE IS TO LET YOU KNOW WHAT THE NATURE OF THE DISCREPANCY WAS. ON TRACT 107, IT WAS NOTICED IN THE NEWSPAPER AT THE LOCATION BEING AT ESCARPMENT AND SLAUGHTER, WHEN INDEED IT WAS SLAUGHTER AND MOPAC. TRACT 113 WAS NOTICED IN THE NEWSPAPER AS BEING WEST OF SOUTH MOPAC, WHEN INDEED IT'S EAST OF SOUTH MOPAC. SO WE ARE DOING THIS SOUTH OF AN ABUNDANCE OF CAUTION. THERE ARE MANY PEOPLE WHO HAD ACTUALLY NOTICE, BECAUSE MANY CITIZENS CAME AND ADDRESSED THOSE TRACTS IN PARTICULAR. THIS IS BEING DONE TO MAKE SURE ALL OF THE I'S ARE DOTTED AND ALL OF THE T'S ARE CROSSED.

SLUSHER: MAYOR, I HAD A QUESTION FOR MR. MCCLINTOCK, POSSIBLY MR. DOBSON.

FUTRELL: CASEY, NANCY.

SLUSHER: SO FIRST, MR. DOBSON, JUST BASICALLY CONFIRM OR CORRECT WHAT I'M SAYING HERE, BUT UNDER THE CHAPTER 245-1704, STAT TRUSS HAS CLAIMS THAT THEY -- STRATUS HAS CLAIMS THEY DON'T HAVE TO COMPLY WITH THE SAVE OUR SPRINGS ORDINANCE, THE CITY HAS NOT AGREED WITH THAT CLAIM AND THIS SETTLEMENT -- WELL, SO THAT'S IN CONTENTION HERE.

WE ARE SETTLING THAT CLAIM.

AS PART OF -- BUT UNTIL THAT HAPPENS IT'S IN CONTENTION. BUT THEN UNDER THIS -- THAT'S TO A LARGE EXTENT RENDERED MOOT IF THE SETTLEMENT IS APPROVED BECAUSE STRATUS IS AGREEING TO COMPLY WITH SAVE OUR SPRINGS ORDINANCE, THEY ARE COMPLYING WITH THE IMPERVIOUS COVER LEVELS, AND THEY ARE INSTALLING WATER QUALITY CONTROLS. AND THE VARIATION OFF OF THE S.O.S. ORDINANCE I THE CLUSTERING, WHERE THEY CAN PUT MORE ON SOME TRACT, BUT ON OTHER TRACTS THEY WON'T PUT ANY DEVELOPMENT. IT WILL BE PRESERVED IN PERPETUITY AND THOSE TRACTS IN FACT WILL BE DONATED TO THE CITY, THE ONES BY THE METROPOLITAN PARK, AND TO THE WILDFLOWER CENTER, THE ONES NEXT TO THE WILDFLOWER CENTER.

THAT'S ALL CORRECT, COUNCILMEMBER. I MEAN IF YOUR QUESTION IS, PARTICULAR TO THE LAWSUIT THAT'S BEEN FILED, THE OBJECT OF WHICH SEEMS TO BE THAT THE S.O.S. AROUND IS EXEMPT FROM GRANDFATHERING, THAT -- THAT IT WOULDN'T HAVE MUCH IF ANY MEANING IN THE CONTEXT OF THIS SETTLEMENT, SINCE WHAT THE SETTLEMENT DOES IS APPLY THE S.O.S. ORDINANCE. IN OTHER WORDS, THERE'S -- THERE'S NOTHING MORE WE COULD DO TO STRATUS, EVEN IF THAT LAWSUIT WAS WON. WITH THE -- WITH THE EXCEPTION OF -- OF S.O.S. ON A TRACT BY TRACT BASIS, WHICH AS LES AND PAT AND NANCY CAN SPEAK TO IN A MUCH MORE EDUCATED FASHION THAN I, WE LIKE FROM A WATER QUALITY STANDPOINT. SO A SUCCESSFUL OUTCOME OF THAT LAWSUIT ON THAT POINT WOULD ACCOMPLISH NO MORE, IN FACT I THINK SOME OF YOUR KEY STAFF MEMBERS, WOULD ACCOMPLISH LESS THAN WHAT THIS AGREEMENT ACCOMPLISH. OF COURSE THE LAWSUIT CAN'T GET YOU THE ENHANCED CEF SETH-BACKS, THE GREEN BUILDER STANDARDS, THE NO BIG BOX RETAIL AND ALL OF THE OTHER STUFF THAT WE EITHER DON'T REGULATE THE ALL OR DON'T REGULATE AS STRICTLY AS THIS AGREEMENT WILL.

SLUSHER: OKAY. MS. MCCLINTOCK, AS THE CITY'S BIOLOGIST, CAN YOU TALK ABOUT YOUR OPINION ON THE CLUSTERING IN THIS AGREEMENT? THE CLUSTERING BEING WHERE MORE IS ALLOWED ON SOME TRACT THAN S.O.S. WOULD ALLOW ON AN INDIVIDUAL BASIS BUT OTHER TRACTS ARE PRESERVED UNDEVELOPED IN PEPPER TIEWLT..............PERPETUITY, COULD YOU TALK ABOUT YOUR -- ABOUT THE IMPACT ON WATER QUALITY.

ONE OF THE THINGS THAT YOU ACHIEVE IS LESS CONSTRUCTION OVER A SMALLER -- LESS CONSTRUCTION OVER A SMALLER AREA. CONSTRUCTION IMPACTS ARE HUGE AMOUNT OF THE DEGRADATION THAT OCCURS WITH DEVELOPMENT. THAT PROBABLY IS THE BIGGEST PIECE OF THE IMPROVEMENT. ALSO AGENTS I THINK CAN BE PAID ABOUT WHEN YOU HAVE CLUSTERED DEVELOPMENT, YOU HAVE FEWER WATER -- STRUCTURAL WATER QUALITY CONTROLS, SO THAT THEY CAN BE MORE CAREFULLY MONITORED AND MANAGED. I THINK THE OTHER BIG BENEFIT, OF COURSE, IS JUST THE OPEN SPACE. AND WITH OPEN SPACE, WE HAVE A PRESERVATION OF NATURAL AND TRADITIONAL CHARACTER OF THE HILL COUNTRY AS WELL AS WILDLIFE HABITAT AND THE ABILITY TO MANAGE THOSE LARGER CONTIGUOUS PORTIONS, BETTER THAN YOU WOULD SMALLER PLOTS SCATTERED THROUGHOUT. THAT'S ONE OF THE REASONS, FOR INSTANCE, THAT WE GAVE EXTRA CREDIT TO TRACTS OF LAND THAT WERE CONTIGUOUS TO PREVIOUSLY PRESERVED LAND WHEN WE DID THE PROPOSITION 2 MATRIX.

SLUSHER: OKAY. SO WOULD YOU SAY THAT THE -- UNDER THIS AGREEMENT THE WATER WILL BE CLEANER THAN IT WOULD UNDER THE TRACT BY TRACT DEVELOPMENT?

I THINK THAT I WOULD SAY THAT. I WOULD BE -- I AM SURE THAT IT WILL BE AT LEAST THE SAME AND THAT YOU GET THE OTHER TANGENTIAL BENEFITS SUCH AS NATIONAL AND TRADITIONAL CHARACTER AND OPEN SPACE FOR OTHER USES.

SLUSHER: ALL RIGHT. OKAY, OKAY, THANK YOU.

MAYOR GARCIA: BEFORE YOU LEAVE, ONE OF THE THINGS THAT I WOULD LIKE TO HAVE TOMORROW IS A -- IS A BRIEF REPORT ON THE HEALTH OF THE SALAMANDER, SO THAT --

RIGHT NOW?

MAYOR GARCIA: NO, TOMORROW WHEN WE HAVE PEOPLE HERE. COUNCILMEMBER ALVAREZ?

Alvarez: MAYOR, I REQUEST OF THE CITY MANAGER FOR -- FOR WHAT I WAS HOPING TO GET IS A LIST OF THE PRINCIPAL ROADWAYS AFFECTED AS WE HAD DISCUSSED EARLIER. AND JUST WITH A COMPARISON OF THE TRAFFIC IMPACTS UNDER THE FISH AND WILDLIFE CONSULTATION PROPOSAL AND UNDER THE -- THE PROPOSED AGREEMENT AND ALSO IF YOU HAVE -- I DON'T KNOW, IN SUMMARY FORM, WHATEVER ACTIONS OF THE PLANNING COMMISSION AND ENVIRONMENTAL BOARD AND TRANSPORTATION COMMISSION TOOK AND WHAT OF THOSE THE APPLICANT HAS AGREED TO.

Goodman: MAYOR, COULD I ADD ON TO THAT THINGS FOR TOMORROW? ONE OF THE OTHER BENEFITS FOR CLUSTERING AND FOR LESSENING THE AMOUNT OF DISRUPTED ACREAGE IS THAT YOU ARE ABLE TO AVOID GOING NEAR SIGNIFICANT ENVIRONMENTAL FEATURES OR OTHER FRAGILE ENVIRONMENTAL SPOT. SO I WOULD LIKE TO SEE WHAT KIND OF ENVIRONMENTAL FEATURES AND IMPACT THERE ARE IN THE PROXIMITY, I GUESS IF WE HAVE IT FOR THE TRACTS IN GENERAL, THAT WOULD BE GOOD. BUT DEFINITELY WHERE YOU ARE TALKING ABOUT SCOOTING AND PRESSING THE DEVELOPMENT INTO A CLUSTER. WE NEED TO KNOW WHAT THE ENVIRONMENTAL SITUATION IS AT THOSE PARTICULAR SITES.

MAYOR GARCIA: OKAY. FURTHER QUESTIONS, COMMENTS, REQUESTS? IF NOT, THAT'S ALL OF THE ITEMS THAT WE HAVE. I WILL ENTERTAIN A MOTION TO ADJOURN.

SLUSHER: SO MOVE.

MAYOR GARCIA: THE WORK SESSION. MOTION BY COUNCILMEMBER SLUSHER, SECONDED BY COUNCILMEMBER WYNN. ALL IN FAVOR, SIGNIFY BY SAYING AYE. OPPOSED, NO. MOTION CARRIES. WE WILL ADJOURNED WE WILL SEE YOU TOMORROW.

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